Office of the Revisor of Statutes
Minnesota Session Laws - 1997, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 239-S.F.No. 1880
An act relating to the operation of state government;
crime and crime prevention; appropriating money for
the judicial branch, public safety, public defense,
corrections, human rights, and related purposes;
increasing and prescribing criminal penalties for a
variety of offenses; increasing penalties for certain
controlled substance offenses; clarifying provisions
of the Community Notification Act; expanding and
clarifying the sex offender registration law;
clarifying and expanding crime victim rights;
providing additional protections to children;
providing for increased access by peace officers to
juvenile records; creating a statewide criminal gang
council and a criminal gang strike force to improve
the investigation and prosecution of gang-related
crime; increasing protections for correctional
employees who are assaulted by inmates; clarifying the
powers of the ombudsman for corrections; restricting
certain computer uses by inmates; clarifying laws
relating to probation; providing an action for an
order for protection against a minor; amending
Minnesota Statutes 1996, sections 13.99, by adding a
subdivision; 144.761, subdivisions 5 and 7; 144.762,
subdivision 2, and by adding a subdivision; 144.765;
144.767, subdivision 1; 152.01, subdivision 18, and by
adding a subdivision; 152.02, subdivisions 2 and 5;
152.021, subdivisions 1 and 2; 152.022, subdivisions 1
and 2; 152.023, subdivisions 1, 2, and 3; 152.024,
subdivision 1; 152.029; 169.042, subdivision 1;
169.20, subdivision 5; 169.797, subdivision 3; 171.29,
subdivision 2; 241.01, subdivisions 3a and 3b; 241.42,
subdivision 2; 241.44, subdivision 1, and by adding a
subdivision; 242.19, subdivision 3; 242.32, by adding
a subdivision; 243.166, subdivisions 2, 3, and 4;
243.51, subdivisions 1, 3, and by adding a
subdivision; 244.05, subdivision 8; 244.052,
subdivisions 3, 4, 5, and 6; 244.17, subdivision 2;
256E.03, subdivision 2; 256F.09, subdivisions 2 and 3;
257.071, subdivisions 3, 4, and by adding
subdivisions; 257.072, subdivision 1; 259.41; 259.59,
by adding a subdivision; 259.67, subdivision 2;
260.012; 260.015, subdivisions 2a and 29; 260.131,
subdivisions 1 and 2; 260.155, subdivisions 1a, 2, 3,
4, and 8; 260.161, subdivisions 1, 1a, 2, 3, and by
adding a subdivision; 260.165, subdivisions 1 and 3;
260.171, subdivision 2; 260.1735; 260.191,
subdivisions 1, 3a, 3b, as amended, and 4; 260.192;
260.221, subdivisions 1 and 5; 260.241, subdivisions 1
and 3; 260.311, subdivision 1; 299A.61, subdivision 1;
299A.63, subdivision 4; 299C.065, subdivision 1;
299C.095; 299C.10, subdivisions 1 and 4; 299C.13;
299C.65, by adding a subdivision; 299D.07; 299F.051;
299F.06, subdivisions 1 and 3; 326.3321, subdivision
1; 326.3386, subdivision 3, and by adding
subdivisions; 357.021, subdivision 1a; 363.02,
subdivision 1; 363.073, subdivision 1; 388.23,
subdivision 1; 401.13; 480.30, subdivision 1; 504.181,
subdivision 1; 518.10; 518.175, subdivision 5, and by
adding a subdivision; 518.179, subdivision 2; 518B.01,
subdivisions 4, 8, 14, 17, and 18; 566.05; 566.18,
subdivision 6; 609.02, by adding a subdivision;
609.035, subdivision 1, and by adding a subdivision;
609.10; 609.101, subdivision 5; 609.115, subdivision
1; 609.125; 609.135, subdivisions 1, 2, and by adding
a subdivision; 609.15, subdivision 1; 609.221;
609.2231, subdivision 3; 609.2244; 609.2245,
subdivision 2; 609.347, subdivision 7; 609.487,
subdivision 3; 609.495, subdivision 1; 609.498, by
adding subdivisions; 609.52, subdivision 2; 609.684,
subdivision 4; 609.746, subdivision 1; 609.748,
subdivision 1; 609.78; 609.902, subdivision 4; 611.27,
subdivision 4, and by adding a subdivision; 611A.01;
611A.035; 611A.038; 611A.039, subdivision 1; 611A.04,
by adding a subdivision; 611A.045, subdivision 1;
611A.25, subdivision 3; 611A.361, subdivision 3;
611A.52, subdivisions 6 and 8; 611A.53, subdivision
1b; 611A.675; 611A.71, subdivisions 5 and 7; 611A.74,
subdivisions 1, 3, and by adding a subdivision;
611A.75; 617.82; 617.85; 626.843, subdivision 1;
629.725; 631.07; 631.52, subdivision 2; and 641.12;
Laws 1995, chapter 226, articles 2, section 37,
subdivision 2; 3, section 60, subdivision 4; Laws
1996, chapter 408, article 8, sections 21; 22,
subdivision 1; and 24; Laws 1997, chapter 112, section
3; proposing coding for new law in Minnesota Statutes,
chapters 241; 242; 243; 244; 257; 299A; 299C; 299F;
609; 611A; and 626; repealing Minnesota Statutes 1996,
sections 119A.30; 145.406; 244.06; 244.09, subdivision
11a; 259.33; 299A.01, subdivision 6; 299F.07; and
609.684, subdivision 2; Minnesota Rules, parts
7419.0100; 7419.0200; 7419.0300; 7419.0400; 7419.0500;
7419.0600; 7419.0700; and 7419.0800.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
APPROPRIATIONS
Section 1. [CRIMINAL JUSTICE APPROPRIATIONS.]
The sums shown in the columns marked "APPROPRIATIONS" are
appropriated from the general fund, or another fund named, to
the agencies and for the purposes specified in this act, to be
available for the fiscal years indicated for each purpose. The
figures "1997," "1998," and "1999," where used in this act, mean
that the appropriation or appropriations listed under them are
available for the year ending June 30, 1997, June 30, 1998, or
June 30, 1999, respectively.
SUMMARY BY FUND
1997 1998 1999 TOTAL
General $ 1,393,000 $ 481,929,000 $ 496,133,000 $ 979,455,000
Special Revenue 7,254,000 7,479,000 14,733,000
State Government
Special Revenue 7,000 7,000 14,000
Environmental 42,000 43,000 85,000
Trunk Highway 1,557,000 1,587,000 3,144,000
TOTAL $ 1,393,000 $ 490,789,000 $ 500,249,000 $ 997,431,000
APPROPRIATIONS
Available for the Year
Ending June 30
1998 1999
Sec. 2. SUPREME COURT
Subdivision 1. Total
Appropriation $ 21,730,000 $ 21,642,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Supreme Court Operations
4,052,000 4,141,000
$2,500 the first year and $2,500 the
second year are for a contingent
account for expenses necessary for the
normal operation of the court for which
no other reimbursement is provided.
Subd. 3. Civil Legal Services
5,607,000 5,607,000
This appropriation is for legal
services to low-income clients and for
family farm legal assistance under
Minnesota Statutes, section 480.242.
Any unencumbered balance remaining in
the first year does not cancel but is
available for the second year of the
biennium. A qualified legal services
program, as defined in Minnesota
Statutes, section 480.24, subdivision
3, may provide legal services to
persons eligible for family farm legal
assistance under Minnesota Statutes,
section 480.242.
Subd. 4. Family Law Legal
Services
877,000 877,000
This appropriation is to improve the
access of low-income clients to legal
representation in family law matters
and must be distributed under Minnesota
Statutes, section 480.242, to the
qualified legal services programs
described in Minnesota Statutes,
section 480.242, subdivision 2,
paragraph (a). Any unencumbered
balance remaining in the first year
does not cancel and is available for
the second year of the biennium.
Subd. 5. State Court Administration
9,191,000 8,993,000
$120,000 the first year is for grants
to develop projects that use innovative
and cost-effective means of providing
services to children within the child
protection system, including legal
counsel, guardians ad litem, and other
child and welfare services. Projects
may include those that facilitate the
coordination of public and private
resources and the use of volunteers and
existing community programs and
services to reduce the cost of
services. This sum is available until
June 30, 1999. This is a one-time
appropriation.
$180,000 the first year is to develop
and provide training programs and
materials for guardians ad litem. This
sum is available until June 30, 1999.
This is a one-time appropriation.
$1,386,000 the first year and
$1,386,000 the second year are to begin
development and implementation of the
infrastructure for a coordinated and
integrated statewide criminal and
juvenile justice information system;
and for implementation of the judicial
branch justice information network.
This appropriation must be included in
the budget base for the 2000-2001
biennium.
Subd. 6. Community Dispute Resolution
110,000 110,000
Subd. 7. Victim Offender Mediation Grants
170,000 170,000
Subd. 8. Law Library Operations
1,723,000 1,744,000
$20,000 the first year and $20,000 the
second year are to supplement law
library resources.
Sec. 3. COURT OF APPEALS 6,088,000 6,180,000
$60,000 the first year and $40,000 the
second year are for a staff attorney, a
photocopier, and ergonomic chairs.
In purchasing ergonomic chairs,
reasonable efforts shall be made to
purchase chairs that were made as part
of an industrial and commercial
activity authorized under Minnesota
Statutes, section 241.27.
$70,000 the first year and $30,000 the
second year are to implement a video
hearing project.
Sec. 4. DISTRICT COURTS 71,038,000 72,184,000
$75,000 the second year is for
increased administrative support.
$374,000 the first year and $374,000
the second year are for increased
judicial support through (1) increased
salaries for existing law clerks and (2)
the hiring of additional law clerks.
$450,000 the first year and $450,000
the second year are for operational
overhead in the Eighth Judicial
District. Of this appropriation,
$46,000 the first year and $47,000 the
second year must be used to hire a
Spanish interpreter.
$741,000 the first year and $30,000 the
second year are for a video hearing
pilot project in the Ninth Judicial
District.
Sec. 5. BOARD ON JUDICIAL
STANDARDS 303,000 228,000
$80,000 the first year is to award
costs and attorney fees to eligible
judges. This sum is available until
June 30, 1999.
Sec. 6. TAX COURT 974,000 645,000
Sec. 7. PUBLIC SAFETY
Subdivision 1. Total
Appropriation 40,957,000 38,755,000
Summary by Fund
1998 1999
General 37,543,000 35,309,000
Special Revenue 1,808,000 1,809,000
Trunk Highway 1,557,000 1,587,000
Environmental 42,000 43,000
State Government
Special Revenue 7,000 7,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Emergency Management
Summary by Fund
General 3,372,000 3,396,000
Environmental 42,000 43,000
Subd. 3. Criminal Apprehension
Summary by Fund
General 23,596,000 21,768,000
Special Revenue 1,808,000 1,809,000
State Government
Special Revenue 7,000 7,000
Trunk Highway 1,557,000 1,587,000
The commissioner of finance shall
reduce the appropriations for the
division of the Bureau of Criminal
Apprehension from the general fund as
necessary to reflect legislation
enacted in 1997 that (1) reduces state
contributions for pensions for
employees under the division of the
Bureau of Criminal Apprehension from
the general fund, or (2) provides money
for those pensions from police state
aid.
$4,494,000 the first year and
$2,560,000 the second year are to begin
development and implementation of the
infrastructure for a coordinated and
integrated statewide criminal and
juvenile justice information system.
Of this appropriation, $1,554,000 the
first year and $1,350,000 the second
year are to be transferred to the
supreme court for the judicial branch
justice network. This transfer
appropriation must be included in the
budget base for the 2000-2001 biennium.
$100,000 the first year and $100,000
the second year from the Bureau of
Criminal Apprehension account in the
special revenue fund are for grants to
local officials for the cooperative
investigation of cross-jurisdictional
criminal activity. Any unencumbered
balance remaining in the first year
does not cancel but is available for
the second year.
$408,000 the first year and $409,000
the second year from the Bureau of
Criminal Apprehension account in the
special revenue fund are for laboratory
activities.
$50,000 the first year and $50,000 the
second year are for the Bureau of
Criminal Apprehension to hire an
additional forensic scientist.
$75,000 the first year is for a grant
to Hennepin county and $75,000 the
first year is for a grant to the city
of Minneapolis. These appropriations
must be used for costs associated with
the drugfire program.
$3,936,000 the first year and
$3,936,000 the second year are:
(1) for grants under Minnesota
Statutes, section 299C.065,
subdivisions 1 and 1a;
(2) for the grants authorized in
Minnesota Statutes, section 299A.627,
subdivisions 1 and 2, and to fund the
organization and operation of the
criminal gang oversight council and
strike force described in Minnesota
Statutes, section 299A.625;
(3) to hire five new agents to replace
those assigned to the criminal gang
strike force;
(4) to develop the criminal gang
investigative data system;
(5) to hire ten new agents to fill
existing vacancies statewide; and
(6) for overtime expenses for the
Bureau of Criminal Apprehension.
Money expended for the purposes
described in clauses (1) to (4) and
(6), shall not be included in the
agency's base budget for the 2000-2001
biennium.
The commissioner may use part of the
appropriation described in clause (2)
to procure necessary equipment and pay
other expenses deemed necessary by the
criminal gang oversight council.
However, the commissioner shall seek to
minimize expenses related to equipment
by encouraging local entities to
contribute equipment and other support
to the strike force.
The appropriation to hire additional
agents under clause (3) may not be used
to purchase or lease vehicles.
If new agents are hired under clause
(5), the superintendent shall cooperate
with the department of corrections in
capturing fugitives.
Subd. 4. Fire Marshal
2,969,000 2,979,000
$225,000 the first year and $125,000
the second year may be used to:
(1) hire an additional fire
investigator to be assigned to northern
Minnesota;
(2) retain mechanical, electrical,
engineering, or technical experts to
assist with determining the cause of
fires;
(3) reimburse members of the arson
strike force for their overtime,
travel, subsistence, and related costs
and to obtain professional expert
services or technical equipment that
are beyond the capabilities of the
strike force members;
(4) establish the arson training unit;
(5) establish the standardized arson
training curriculum;
(6) develop a fire scene preservation
video for distribution to fire
departments statewide;
(7) purchase an arson training trailer
equipped for use in training events and
available as a resource to the arson
strike force at major fires;
(8) develop and maintain an arson
resource library collection;
(9) communicate the importance of arson
training to law enforcement, fire
service, and prosecuting agencies;
(10) provide financial incentives to
encourage firefighters and peace
officers to participate in arson
training;
(11) establish and staff the statewide
juvenile firesetter intervention
network;
(12) develop and distribute the
comprehensive injury prevention
education curriculum;
(13) provide initial funding for the
annual training forum on juvenile
firesetting behavior and intervention
strategies;
(14) assist local fire departments in
collecting relevant data on
juvenile-related fire incidents for
inclusion in the fire incident
reporting system;
(15) provide the laboratory instruments
and training needed to process arson
evidence samples; and
(16) provide the supporting equipment
and services needed to use arson
evidence sample processing instruments.
By February 15, 1999, the fire marshal
shall report to the chairs of the
senate and house divisions having
jurisdiction over criminal justice
funding on how this appropriation was
spent.
Subd. 5. Alcohol and Gambling Enforcement
Summary by Fund
General 1,682,000 1,716,000
Subd. 6. Crime Victims Services
2,147,000 2,155,000
$100,000 the first year and $100,000
the second year are for grants to the
crime victim and witness advisory
council to be used by the council for
the purposes specified in Minnesota
Statutes, section 611A.675.
Subd. 7. Crime Victims Ombudsman
374,000 375,000
Subd. 8. Law Enforcement and Community Grants
3,260,000 2,745,000
The appropriations in this subdivision
are one-time appropriations.
$2,250,000 each year is to provide
funding for:
(1) grants under Minnesota Statutes,
section 299A.62, subdivision 1, clause
(2), to enable local law enforcement
agencies to assign overtime officers to
high crime areas within their
jurisdictions. These grants shall be
distributed as provided in subdivision
2 of that section. Up to $23,000 may
be used to administer grants awarded
under this clause; and
(2) weed and seed grants under
Minnesota Statutes, section 299A.63.
This appropriation shall be divided in
equal parts between the two programs.
Money not expended in the first year is
available for grants during the second
year.
By February 1, 1998, the commissioner
shall report to the chairs of the
senate and house divisions having
jurisdiction over criminal justice
funding, on grants made under clauses
(1) and (2).
$50,000 the first year is for Ramsey
county to continue the special unit
enforcing the state nuisance laws.
$50,000 the first year is for one or
more grants to community-based programs
to conduct research on street gang
culture and, based on this research,
develop effective prevention and
intervention techniques to help youth
avoid or end their street gang
involvement. Each program receiving a
grant shall provide a report to the
criminal gang oversight council that
contains the following information:
(1) the results of the program's
research on street gang culture;
(2) the program's plans for additional
research on street gang culture, if
any; and
(3) the prevention and intervention
techniques developed by the program.
An interim report must be provided to
the council six months after a program
is awarded a grant. A final report
must be provided to the council by
February 1, 1999. A copy of each
report also must be provided to the
commissioner of public safety.
Each program receiving a grant also
must provide information and
recommendations on gang culture to the
criminal gang oversight council and
criminal gang strike force, as
requested by the council or strike
force.
$40,000 the first year shall be
transferred as a grant to a nonprofit
organization to be used to meet
one-half of the state match requirement
if the organization receives federal
funding to: (1) acquire interactive
multimedia equipment for courtroom
presentations to aid in the prosecution
of complex homicide and child fatality
cases; and (2) retain a forensic
pathologist skilled in making such
presentations to serve as a consultant
to prosecutors statewide for one year.
This grant is available only if the
organization obtains funds for the
remainder of the state match from other
sources.
$175,000 the first year is for grants
to the Council on Black Minnesotans to
continue the program established in
Laws 1996, chapter 408, article 2,
section 13.
$250,000 each year is for grants to
local governmental units that have
incurred costs implementing Minnesota
Statutes, section 244.052 or 244.10,
subdivision 2a. Local governmental
units shall detail the costs they have
incurred along with any other
information required by the
commissioner. The commissioner shall
award grants in a manner that
reimburses local governmental units
demonstrating the greatest need. Of
this appropriation, up to $40,000 may
be used for educational equipment and
training to be used for sex offender
notification meetings by law
enforcement agencies around the state.
$120,000 each year is for a grant to
the northwest Hennepin human services
council to administer the northwest
community law enforcement project, to
be available until June 30, 1999.
$75,000 each year is for grants to
Hennepin and Ramsey counties to
administer the community service grant
pilot project program.
$100,000 the first year is for grants
to the city of St. Paul to be used by
the city to acquire and renovate a
building for a joint use police
storefront and youth activity center in
the north end area of St. Paul.
$25,000 the first year is for the
criminal alert network to disseminate
data regarding the use of fraudulent
checks and the coordination of security
and antiterrorism efforts with the
Federal Bureau of Investigation. This
money is available only if the
commissioner determines the expansion
is feasible. If the commissioner
determines that one or both of the uses
are not feasible, the commissioner
shall reduce the amount spent
accordingly.
$75,000 the first year is for a grant
to the Fourth Judicial District to plan
for a family violence coordinating
council.
Subd. 9. Administration and Related Services
143,000 175,000
This appropriation is to be deposited
in the public safety officer's benefit
account. This money is available for
reimbursements under Minnesota
Statutes, section 299A.465.
$40,000 the first year is for purposes
of the firefighter training study
committee. This is a one-time
appropriation.
Sec. 8. BOARD OF PRIVATE DETECTIVE
AND PROTECTIVE AGENT SERVICES 130,000 132,000
Sec. 9. BOARD OF PEACE OFFICER
STANDARDS AND TRAINING 3,581,000 3,801,000
This appropriation is from the peace
officers training account in the
special revenue fund. Any receipts
credited to the peace officer training
account in the special revenue fund in
the first year in excess of $3,581,000
must be transferred and credited to the
general fund. Any receipts credited to
the peace officer training account in
the special revenue fund in the second
year in excess of $3,801,000 must be
transferred and credited to the general
fund.
$30,000 the first year is from the
special revenue fund for DARE officer
training.
$312,000 the second year shall be
expended as follows: (1) up to $30,000
for administrative law judge costs; (2)
up to $16,000 for minority recruitment;
(3) up to $10,000 for computer training
and support; (4) up to $30,000 for DARE
officer training; (5) $100,000 for a
law enforcement library at metropolitan
state university; (6) up to $25,000 for
hiring a consultant to develop a
screening examination for admission to
a law enforcement skills program. If
there are sufficient funds remaining
after developing the screening
examination, the consultant may develop
a new reciprocity examination; and (7)
up to $101,000 for increased
reimbursements to local law enforcement
for the cost of administering
board-approved continuing education to
peace officers.
By July 1, 1998, and each July 1
thereafter, the board shall report to
the chairs of the senate and house
divisions having jurisdiction over
criminal justice funding on the
activities of the minority recruiter
and the outcomes attributable to that
position.
The commissioner of finance shall
ensure that the base budget for the
2000-2001 fiscal biennium for the POST
board includes the $850,000 each year
that was transferred in fiscal year
1997 from the POST board to the
Minnesota state colleges and
universities system.
The board shall provide education and
training to peace officers and other
criminal justice personnel on early
intervention and reduction of possible
HIV seroconversion for persons who have
experienced a significant exposure, as
defined in Minnesota Statutes, section
144.761. The POST board shall work in
cooperation with the commissioners of
public safety and corrections in
providing this training. A portion of
this appropriation shall be awarded as
grants to professional employers of
emergency medical services personnel as
defined in Minnesota Statutes, section
144.761, subdivision 5, clause (2), to
demonstrate effective education and
training services and procedures for
implementing the protocol described in
Minnesota Statutes, section 144.762.
Sec. 10. BOARD OF PUBLIC DEFENSE
Subdivision 1. Total
Appropriation 41,658,000 41,972,000
None of this appropriation shall be
used to pay for lawsuits against public
agencies or public officials to change
social or public policy.
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. State Public
Defender
3,250,000 3,315,000
Subd. 3. Board of Public
Defense
900,000 915,000
Subd. 4. District Public
Defense
37,508,000 37,742,000
$969,000 the first year and $969,000
the second year are for grants to the
five existing public defense
corporations under Minnesota Statutes,
section 611.216.
Sec. 11. AUTO THEFT PREVENTION BOARD
Subdivision 1. Total
Appropriation 1,865,000 1,869,000
This appropriation is from the
automobile theft prevention account in
the special revenue fund.
The board is encouraged to use a
portion of this appropriation to (1)
design intervention measures to prevent
and combat automobile theft activity by
gangs; and (2) implement strategies to
increase apprehension of gang members
involved in automobile theft activity.
Sec. 12. CORRECTIONS
Subdivision 1. Total
Appropriation 296,892,000 312,215,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Any unencumbered balances remaining in
the first year do not cancel but are
available for the second year of the
biennium.
Positions and administrative money may
be transferred within the department of
corrections as the commissioner
considers necessary, upon the advance
approval of the commissioner of finance.
For the biennium ending June 30, 1999,
the commissioner of corrections may,
with the approval of the commissioner
of finance, transfer funds to or from
salaries.
The department may use up to $320,000
of dedicated receipts to design,
construct, furnish, and equip a new
building for Thistledew Camp's new
wilderness endeavors program. The
building must provide a ten bed
training and juvenile dorm area, plus
storage.
Subd. 2. Correctional
Institutions
179,965,000 189,823,000
The commissioner may expend federal
grant money in an amount up to
$1,000,000 to supplement the renovation
of the buildings at the Brainerd
regional center for use as a
correctional facility.
The commissioner may open the Brainerd
facility on or after May 1, 1999.
If the commissioner deems it necessary
to reduce staff positions during the
biennium ending June 30, 1999, the
commissioner must reduce at least the
same percentage of management and
supervisory personnel as line and
support personnel in order to ensure
employee safety, inmate safety, and
facility security.
During the biennium ending June 30,
1999, if it is necessary to reduce
services or staffing within a
correctional facility, the commissioner
or the commissioner's designee shall
meet with affected exclusive
representatives. The commissioner
shall make every reasonable effort to
retain correctional officer and prison
industry employees should reductions be
necessary.
During the biennium ending June 30,
1999, the commissioner must consider
ways to reduce the per diem in adult
correctional facilities. As part of
this consideration, the commissioner
must consider reduction in management
and supervisory personnel levels in
addition to line staff levels within
adult correctional institutions,
provided this objective can be
accomplished without compromising
safety and security.
The commissioner shall develop criteria
to designate geriatric and disabled
inmates eligible for transfer to
nursing facilities, including
state-operated facilities. Upon
certification by the commissioner that
a nursing facility can meet necessary
security requirements, the commissioner
may contract with the facility for the
placement and housing of eligible
geriatric and disabled inmates.
Inmates placed in a nursing facility
must meet the criteria specified in
Minnesota Statutes, section 244.05,
subdivision 8, and are considered to be
on conditional medical release.
$700,000 the first year and $1,500,000
the second year are to operate a work
program at Camp Ripley under Minnesota
Statutes, section 241.277.
Subd. 3. Juvenile Services
17,070,000 17,790,000
$500,000 each year is to plan for and
establish a weekend camp program at
Camp Ripley designed for first- or
second-time male juvenile offenders
ages 11 to 14. The commissioner shall
develop eligibility standards for the
program. The camp shall be a highly
structured program and teach work
skills, such as responsibility,
organization, time management, and
follow-through. The juvenile offenders
will each develop a community service
plan that will be implemented upon
return to the community. The program
shall receive referrals from youth
service agencies, police, school
officials, parents, and the courts. By
January 15, 1998, the commissioner
shall report to the chairs of the house
and senate criminal justice funding
divisions a proposed budget for this
camp program for the second year of the
fiscal biennium and shall include a
description of the proposed outcomes
for the program.
$100,000 the first year is to conduct
planning for and evaluation of
additional camp programs and aftercare
services for juvenile offenders,
including, but not limited to, the
Vision Quest program and a three-week
work camp.
$500,000 the first year is to renovate
two cottages at the Minnesota
correctional facility-Red Wing.
$1,021,000 the second year is to
transfer the sex offender program from
the Minnesota correctional
facility-Sauk Centre and operate it at
the Minnesota correctional facility-Red
Wing.
$333,000 the second year is for housing
and programming for female juvenile
offenders committed to the commissioner
of corrections.
$130,000 the first year and $130,000
the second year are to improve
aftercare services for juveniles
released from correctional facilities
by adding two professional and one
clerical positions.
The commissioner shall design the
juvenile support network to provide
aftercare services for these
offenders. The network must coordinate
support services in the community for
returning juveniles. Counties,
communities, and schools must develop
and implement the network. The
commissioner shall require aftercare
programs to be incorporated into
Community Corrections Act plans.
Subd. 4. Community Services
80,387,000 84,824,000
$225,000 each year is for school-based
probation pilot programs. Of this
amount, $150,000 each year is for
Dakota county and $75,000 each year is
for Anoka county. This is a one-time
appropriation.
$50,000 each year is for the Ramsey
county enhanced probation pilot
project. The appropriation may not be
used to supplant law enforcement or
county probation officer positions, or
correctional services or programs.
This is a one-time appropriation.
$200,000 the first year is for the gang
intervention pilot project. This is a
one-time appropriation.
$50,000 the first year and $50,000 the
second year are for grants to local
communities to establish and implement
pilot project restorative justice
programs.
$95,000 the first year is for the
Dakota county family group conferencing
pilot project established in Laws 1996,
chapter 408, article 2, section 9.
This is a one-time appropriation.
All money received by the commissioner
of corrections pursuant to the domestic
abuse investigation fee under Minnesota
Statutes, section 609.2244, is
available for use by the commissioner
and is appropriated annually to the
commissioner of corrections for costs
related to conducting the
investigations.
$750,000 each year is for an increase
in community corrections act subsidy
funding. The funding shall be
distributed according to the community
corrections aid formula in Minnesota
Statutes, section 401.10.
$4,000,000 the second year is for
juvenile residential treatment grants
to counties to defray the cost of
juvenile residential treatment. Eighty
percent of this appropriation must be
distributed to noncommunity corrections
act counties and 20 percent must be
distributed to community corrections
act counties. The commissioner shall
distribute the money according to the
formula contained in Minnesota
Statutes, section 401.10. By January
15, counties must submit a report to
the commissioner describing the
purposes for which the grants were used.
$60,000 the first year and $60,000 the
second year are for the electronic
alcohol monitoring of DWI and domestic
abuse offenders pilot program.
$123,000 each year shall be distributed
to the Dodge-Fillmore-Olmsted community
corrections agency and $124,000 each
year shall be distributed to the
Arrowhead regional corrections agency
for use in a pilot project to expand
the agencies' productive day initiative
programs, as defined in Minnesota
Statutes, section 241.275, to include
juvenile offenders who are 16 years of
age and older. This is a one-time
appropriation.
$2,000,000 the first year and
$2,000,000 the second year are for a
statewide probation and supervised
release caseload and workload reduction
grant program. Counties that deliver
correctional services through Minnesota
Statutes, chapter 260, and that qualify
for new probation officers under this
program shall receive full
reimbursement for the officers'
salaries and reimbursement for the
officers' benefits and support as set
forth in the probations standards task
force report, not to exceed $70,000 per
officer annually. Positions funded by
this appropriation may not supplant
existing services. Position control
numbers for these positions must be
annually reported to the commissioner
of corrections.
The commissioner shall distribute money
appropriated for state and county
probation officer caseload and workload
reduction, increased intensive
supervised release and probation
services, and county probation officer
reimbursement according to the formula
contained in Minnesota Statutes,
section 401.10. These appropriations
may not be used to supplant existing
state or county probation officer
positions or existing correctional
services or programs. The money
appropriated under this provision is
intended to reduce state and county
probation officer caseload and 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.
$700,000 the first year and $700,000
the second year are for grants to
judicial districts for the
implementation of innovative projects
to improve the administration of
justice, including, but not limited to,
drug courts, night courts, community
courts, family courts, and projects
emphasizing early intervention and
coordination of justice system
resources in the resolution of cases.
Of this amount, up to $25,000 may be
used to develop a gun education
curriculum under article 2. This is a
one-time appropriation.
During fiscal year 1998, up to $500,000
of unobligated funds available under
Minnesota Statutes, section 401.10,
subdivision 2, from fiscal year 1997
may be used for a court services
tracking system for the counties.
Notwithstanding Minnesota Statutes,
section 401.10, subdivision 2, these
funds are available for use in any
county using the court services
tracking system.
Before the commissioner uses money that
would otherwise cancel to the general
fund for the court services tracking
system, the proposal for the system
must be reviewed by the criminal and
juvenile justice information policy
group.
$52,500 of the amount appropriated to
the commissioner in Laws 1995, chapter
226, article 1, section 11, subdivision
3, for the criterion-related
cross-validation study is available
until January 1, 1998. The study must
be completed by January 1, 1998.
Subd. 5. Crime Victim and
Prevention Services
10,199,000 10,319,000
$50,000 the first year is to make
grants, with the assistance of the
crime victim prevention division, to
organizations or local units of
government providing support services
to women leaving systems of
prostitution. Grantees must provide an
equal funding match. This is a
one-time appropriation.
$103,000 the second year is to provide
funding for one existing battered
women's shelter in Washington county
that currently is not funded; and
$104,000 the second year is for one
existing battered women's shelter in
Goodhue county that currently is not
funded.
During the biennium ending June 30,
1999, when awarding grants for victim's
programs and services, the commissioner
shall give priority to geographic areas
that are unserved or underserved by
programs or services.
$30,000 each year is for grants to the
city of St. Paul to provide support
services to the surviving family
members of homicide, suicide, and
accidental death victims. This is a
one-time appropriation.
$55,000 the first year is for grants to
the Hennepin and Ramsey county
attorneys' offices to improve the
education of landlords and tenants on
best practices in the rental market.
This is a one-time appropriation.
The commissioner of corrections shall
use dedicated receipts to implement a
victim notification system designed to
reduce the probability of further
harassment of the victim. The system
must allow the victim to make toll-free
calls to a call center and obtain
information about inmates regarding
their current status and location.
Subd. 6. Management Services
9,271,000 9,459,000
Sec. 13. CORRECTIONS OMBUDSMAN 565,000 580,000
Sec. 14. SENTENCING GUIDELINES
COMMISSION 435,000 445,000
Sec. 15. HUMAN RIGHTS
Subdivision 1. Total
Appropriation 3,763,000 3,790,000
By July 1, 1997, and every six months
thereafter, the commissioner shall
report the following information to the
chairs of the senate and house
divisions having jurisdiction over
criminal justice funding and the chairs
of the senate judiciary committee and
the house civil and family law division:
(1) the number of cases filed and the
percentage still open;
(2) the distribution of filed cases by
alleged area and basis of
discrimination;
(3) the number of open cases in the
department's inventory and an inventory
breakdown by case age;
(4) the average caseload per full-time
enforcement officer;
(5) the number of cases closed during
the preceding six months;
(6) the breakdown of closed cases,
including the percentages that were
dismissed, withdrawn, closed after a
probable cause determination, closed
after no probable cause was found, or
settled;
(7) the average length of time to
dismiss a case;
(8) the average length of time to issue
a probable cause determination;
(9) the number and percentage of filed
cases in the preceding six months
recommended for ADR;
(10) the number of cases resolved in
ADR and the average length of time in
ADR; and
(11) the number of cases returned from
ADR for department investigation.
Subd. 2. Contract Compliance
386,000 395,000
Subd. 3. Complaint Processing
2,675,000 2,679,000
$50,000 the first year is for a program
for testing whether the Human Rights
Act, Minnesota Statutes, chapter 363,
is being complied with in the area of
rental housing. The program must
include tests to determine the
frequency of incidents of racial
discrimination. The department shall
report to the chairs of the senate and
house divisions having jurisdiction
over criminal justice funding and the
chairs of the senate judiciary
committee and house civil and family
law division by January 1, 1998, on the
results and effectiveness of the
program. This is a one-time
appropriation.
Subd. 4. Management Services and
Administration
702,000 716,000
Sec. 16. UNIFORM LAWS COMMISSION 35,000 36,000
Sec. 17. ECONOMIC SECURITY 650,000 650,000
$650,000 the first year and $650,000
the second year are for grants to
cities of the first class and to cities
that are contiguous to cities of the
first class in greater Minnesota, 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
outcome measures of success and must
report to the commissioner on the
achievement of these outcomes on or
before June 30, 1999. This
appropriation may not be added to the
department's budget base for the
2000-2001 biennium.
Sec. 18. ATTORNEY GENERAL 125,000 125,000
$125,000 each year is for a grant to
the DARE advisory council to be used to
continue existing education programs in
elementary schools and to expand the
program into junior and senior high
schools. This is a one-time
appropriation.
Sec. 19. DEFICIENCY APPROPRIATION
Fiscal Year 1997
General 1,393,000
This appropriation for fiscal year 1997
is added to the appropriation in Laws
1995, chapter 226, article 1, section
7, subdivision 2, to provide matching
funds for federal emergency management
assistance funds received for natural
disaster assistance payments.
Sec. 20. [PLAN FOR FUNDING CRIME VICTIM SERVICES.]
The commissioners of the departments of corrections and
public safety will provide a report to the chairs of the house
judiciary finance division and the senate crime prevention and
judiciary finance division by February 1, 1998. The report will
contain a comprehensive coordinated plan for establishing and
funding statewide services for battered women, sexual assault,
and general crime victims.
Sec. 21. [YEAR 2000 READY.]
Any computer software or hardware that is purchased with
money appropriated in this article must be year 2000 ready.
ARTICLE 2
CRIME PREVENTION AND COMMUNITY SAFETY PROGRAMS
Section 1. Minnesota Statutes 1996, section 299C.065,
subdivision 1, is amended to read:
Subdivision 1. [GRANTS.] The commissioner of public safety
shall make grants to local officials for the following purposes:
(1) the cooperative investigation of cross jurisdictional
criminal activity relating to the possession and sale of
controlled substances;
(2) receiving or selling stolen goods;
(3) participating in gambling activities in violation of
section 609.76;
(4) violations of section 609.322, 609.323, or any other
state or federal law prohibiting the recruitment,
transportation, or use of juveniles for purposes of
prostitution; and
(5) for partial reimbursement of local costs associated
with unanticipated, intensive, long-term, multijurisdictional
criminal investigations that exhaust available local resources,
except that the commissioner may not reimburse the costs of a
local investigation involving a child who is reported to be
missing and endangered unless the law enforcement agency
complies with section 299C.53 and the agency's own investigative
policy; and
(6) for partial reimbursement of local costs associated
with criminal investigations into the activities of violent
criminal gangs and gang members.
Sec. 2. Laws 1995, chapter 226, article 2, section 37,
subdivision 2, is amended to read:
Subd. 2. [PILOT PROGRAM ESTABLISHED.] In cooperation with
the conference of chief judges, the state court administrator,
and the commissioner of public safety, the commissioner of
corrections shall establish a three-year pilot program to
evaluate the effectiveness of using breath analyzer units to
monitor DWI and domestic abuse offenders who are ordered to
abstain from alcohol use as a condition of pretrial release,
supervised release, or probation. The pilot program must
include procedures ensuring that violators of this condition of
release receive swift consequences for the violation.
The commissioner of corrections shall select at least two
judicial districts to participate in the pilot program.
Offenders who are ordered to use a breath analyzer unit shall
also be ordered to pay the per diem cost of the monitoring
unless the offender is indigent. The commissioner of
corrections shall reimburse the judicial districts for any costs
the districts incur in participating in the program.
After three years, the commissioner of corrections shall
evaluate the effectiveness of the program and shall report the
results of this evaluation to the conference of chief judges,
the state court administrator, the commissioner of public
safety, and the chairs of the house of representatives and
senate committees having jurisdiction over criminal justice
policy and finance.
Sec. 3. [GANG INTERVENTION SERVICES; PILOT GRANT PROGRAM.]
Subdivision 1. [GANG INTERVENTION.] The commissioner of
corrections shall develop and administer a gang intervention
pilot grant program to provide services to young persons who are
interested in terminating their gang affiliation. This program
shall assist local organizations engaged in helping gang members
separate themselves from their gang affiliation by providing
services to former members of criminal gangs. The commissioner
shall develop a grant application that specifies the eligibility
criteria for receiving grants and sets a formula for the match
requirement.
Subd. 2. [ELIGIBILITY FOR GRANTS.] A local organization
must meet the following criteria to be eligible for a grant
under the program:
(1) it must be a private, nonprofit organization or a local
public agency;
(2) it must offer and provide to clients of the program
services to help gang members terminate their affiliation with
gangs, including educational opportunities, job skill
development, life skills, community service, medical services,
and counseling; and
(3) it must provide matching funds or in-kind services in
compliance with the formula set by the commissioner of
corrections.
Subd. 3. [ELIGIBILITY FOR SERVICES.] A person who seeks to
receive services under this section must meet the following
criteria:
(1) at the time the person is accepted into the program,
the person must not be older than 25 years of age or be under
the custody of the commissioner of corrections;
(2) the person must not have received substantially similar
services previously from the grant program or any other publicly
funded program;
(3) the person must be employable, as determined by the
grantee organization; and
(4) the person must agree to comply with all of the program
participation requirements established by the grantee
organization, including performing any required community
service.
Subd. 4. [REPORT TO LEGISLATURE.] On or before January 15,
1999, the commissioner of corrections shall submit a report to
the chairs of the senate and house divisions having jurisdiction
over criminal justice funding evaluating the operating of the
pilot grant program established in this section.
Sec. 4. [ENHANCED PROBATION PILOT PROJECT; RAMSEY COUNTY.]
Subdivision 1. [ESTABLISHMENT.] A pilot project is created
in Ramsey county to establish and implement an enhanced
probation law enforcement community partnership program. This
program will provide intensive monitoring and coordination
between juvenile probation officers, local law enforcement
personnel, and culturally specific community nonprofit agencies
to best deal with juvenile probationers who have committed or
who are at risk to commit violent crimes, especially likely to
involve weapons, and who are associated with gang and drug
activities in Ramsey county.
Subd. 2. [PILOT PROJECT.] (a) The pilot project is a local
Ramsey county community-based program designed to discourage
young people from involvement in unlawful drug or street gang
activities usually involving violence and weapons. It will
provide a bridge among the law enforcement, corrections, and
culturally-specific, community-based programs designed to
provide a more intensive intervention effort, including during
evenings and weekends, with juvenile offenders on probation who
are identified as likely to engage in repeated criminal activity
in the future unless intervention is undertaken through
intensive surveillance, accountable consequences for probation
violations, and the use of culturally-sensitive treatment
programs that are innovative and that encourage substantial
involvement by members of the community served by the program.
(b) This is a pilot project for Ramsey county, the city of
St. Paul, and other local law enforcement agencies along with
nonprofit community-based entities who may apply for a grant by
submitting an application to Ramsey county for a portion of the
state funding.
(c) The applicant nonprofit community-based entities must
specify the following in their applications:
(1) a description of each program for which funding is
sought;
(2) intended 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; and
(5) the culturally-specific group to be served.
Subd. 3. [REPORT ON PILOT PROJECT.] Ramsey county shall
provide a summary of how the grant funds are spent and the
extent to which the objectives of the program are achieved. The
summary is to be submitted to the chairs of the committees of
the senate and house of representatives with jurisdiction over
criminal justice policy and funding of crime prevention
programs, by March 1 each year, based on the information
provided by applicants under this section and the results of the
enforcement efforts of the joint police-probation officer teams.
Sec. 5. [PILOT PROJECT FOR SCHOOL-BASED PROBATION IN
DAKOTA AND ANOKA COUNTIES.]
Subdivision 1. [PILOT PROJECT ESTABLISHED.] By July 1,
1997, the commissioner of corrections shall establish
school-based probation pilot projects in Dakota and Anoka
counties.
Subd. 2. [PROGRAM DESIGN AND IMPLEMENTATION.] Dakota and
Anoka counties shall each select one middle or junior high
school and one high school to participate in the school-based
probation pilot project. Each county may select one additional
middle, junior high, or high school for a total of no more than
three schools in each county. Each county shall select as
participating schools those schools which are able to provide
necessary support for the program, such as office space, access
to the building during nonschool hours, and a willingness to
develop alternative disciplinary responses. Each school-based
probation program established shall contain a probation officer
located at the school who is available to help the school
address behavioral incidents in the school by probationers. The
probation officer shall help in:
(1) conducting cognitive/behavioral group sessions along
with school personnel providing cofacilitation assistance;
(2) developing and administering alternatives to school
discipline actions such as suspension, which may include
mediation, community service, or home confinement;
(3) working more closely with the school and communicating
with and engaging the family's support of the juvenile's school
work and behavior; and
(4) referring and brokering with other schools' services to
align the probationer and the probationer's family with needed
services.
Subd. 3. [DATA PRACTICES.] Data created, collected, used,
or maintained by school-based probation officers and school
officials participating in this pilot project are private data
on individuals as defined in Minnesota Statutes, section 13.02,
subdivision 12, and may be disseminated among personnel working
with the school-based probation project and as follows:
(1) pursuant to Minnesota Statutes, section 13.05;
(2) pursuant to a valid court order;
(3) pursuant to a statute specifically authorizing access
to the private data;
(4) as allowed in Code of Federal Regulations, title 34,
part 99; or
(5) within the participating school district or educational
entity as necessary to protect persons or property or to address
the educational and other needs of students.
Subd. 4. [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 school-based probation programs
created under this section. The report shall address the
effectiveness of the pilot project by measuring reduction in
school suspensions, improvement in grades, reduction of truant
behavior, reduction in number and severity of delinquent
behaviors, increase in number who return to school, and increase
in number who succeed in school.
Sec. 6. [WORKING GROUP ON RESTITUTION.]
Subdivision 1. [CREATION; DUTIES.] A working group is
created to study methods to improve the collection of
restitution and the enforcement of restitution orders for repeat
offenders. The working group must consider the feasibility of:
(1) incarcerating offenders who have been convicted two or
more times of committing an offense for which restitution to a
victim, as defined in Minnesota Statutes, section 611A.01, or to
society is owed or should be paid, including but not limited to
violations of Minnesota Statutes, sections 169.121 (DWI) or
169.129 (aggravated DWI); 609.375 (nonpayment of child support);
609.52 (theft); 609.561 to 609.563 (arson); or 609.582
(burglary);
(2) requiring these inmates to work at a fair market wage;
and
(3) enabling inmates to first pay restitution to their
victims, after satisfying any outstanding or ongoing child
support or spousal maintenance obligations, and secondly, to pay
the operating costs of their confinement, including the costs of
any privileges, treatment, or services received by the inmates
in the facility.
Subd. 2. [MEMBERSHIP.] The working group consists of the
following 14 members:
(1) the commissioner of corrections or the commissioner's
designee;
(2) two district court judges appointed by the chief
justice, one from the metropolitan area, and one from outside
the metropolitan area;
(3) the ombudsman for crime victims;
(4) the ombudsman for corrections;
(5) a representative of the Minnesota association of
community corrections act counties appointed by the president of
the association;
(6) a representative of the Minnesota association of county
probation officers appointed by the president of the
association;
(7) two members of the house of representatives appointed
by the speaker, and two members of the senate appointed by the
subcommittee on committees. These appointments must be made in
a manner that ensures a fair representation of viewpoints on
business and labor issues;
(8) one crime victim appointed by the crime victim and
witness advisory council;
(9) one representative of the business community appointed
by the commissioner of corrections after consultation with the
Minnesota business partnership and the Minnesota chamber of
commerce; and
(10) one representative of labor unions appointed by the
commissioner of corrections after consultation with public and
private labor organizations from the affiliated membership of
the Minnesota AFL-CIO.
The commissioner of corrections or the commissioner's
designee shall chair and provide necessary staff support to the
working group.
Subd. 3. [ADDITIONAL DUTIES.] (a) The working group shall
study the feasibility of and develop recommendations concerning
guidelines for sentencing courts to use when sentencing
offenders to incarceration and when ordering offenders to pay
restitution to crime victims or to the public.
(b) The working group shall investigate whether it would be
feasible for the state to enter into a long-term contract with
one or more business entities under which the business entity
would employ inmates at a fair market wage. The commissioner of
corrections would ensure that inmates use the wages they earn to
pay restitution to their victims according to restitution
guidelines approved by the chairs of the house and senate
committees and divisions having jurisdiction over criminal
justice funding and policy, and to pay the costs of their
confinement. Based on this investigation, the working group
shall make recommendations to the legislature by February 1,
1998, regarding the type of business entity or entities with
which the state could contract to operate an industry program.
(c) The working group shall examine current methods of
collecting restitution and determine whether there are better
ways of collecting restitution and enforcing restitution orders
within the current criminal justice system.
Sec. 7. [PILOT PROGRAM; JUVENILE GUN OFFENDERS.]
A pilot program is established in Hennepin county for
juveniles who are found delinquent for illegally possessing a
pistol. Under this pilot program, judges may order that these
juveniles be committed to a local county correctional facility
for not less than 30 days, and that 23 days of this commitment
be stayed on condition that the juvenile reside in a juvenile
correctional facility for at least seven days and successfully
complete a 40-hour course on gun education provided by the
facility. The court must revoke the stay of commitment if the
juvenile fails to complete the gun education course. The county
shall submit a report to the legislature by January 1, 1999,
evaluating the pilot program.
Sec. 8. [HENNEPIN AND RAMSEY COUNTIES COMMUNITY SERVICE
GRANT PROGRAM PILOT PROJECTS.]
Subdivision 1. [GRANT PROGRAM.] Hennepin and Ramsey
counties shall each establish and administer a pilot project
grant program to fund community-based programs in high-crime
areas that provide opportunities for children under age 16 to
volunteer for and perform community service. Programs
qualifying for grants must encourage responsibility and good
citizenship on the part of participating children and discourage
them from engaging in illegal activities or associating with
criminal gangs. Programs receiving grants may provide children
who perform community service with appropriate nonmonetary
rewards including, but not limited to, partial scholarships for
post-secondary education, gift certificates, tickets for
entertainment, parties, and group outings.
Subd. 2. [ELIGIBILITY CRITERIA.] Hennepin and Ramsey
counties shall establish criteria for determining the
community-based programs eligible for grants under subdivision
1. Eligible programs must:
(1) have a broad network of established economic and social
relationships within the community and with local governmental
units;
(2) represent a broad range of diversity;
(3) have demonstrated an ability to administer
community-based programs and have a history of successful
community organizing;
(4) have a proven history of properly supervising and
successfully interacting with juveniles; and
(5) have demonstrated an ability to work with parents of
juveniles and schools.
Sec. 9. [FIREFIGHTER TRAINING STUDY COMMITTEE.]
Subdivision 1. [MEMBERSHIP; CHAIR.] (a) The firefighter
training study committee consists of:
(1) two representatives of the Minnesota state fire chiefs
association, appointed by the president of the association;
(2) two representatives of the Minnesota professional
firefighters, appointed by the president of the organization;
(3) four representatives of the Minnesota state fire
department association, at least two of whom are volunteer
firefighters serving a city or area with a population under
10,000 outside the seven-county metropolitan area, appointed by
the president of the organization;
(4) two representatives of the league of Minnesota cities,
appointed by the president of the league;
(5) the director of the Minnesota state colleges and
universities FIRE/EMS center, or the director's designee;
(6) a public member, appointed by the governor;
(7) an employee of the department of labor and industry
whose responsibilities include fire-related occupational safety
and health activities, appointed by the commissioner of labor
and industry;
(8) the commissioner of public safety or the commissioner's
designee;
(9) two members of the house of representatives, one from
each caucus; one representing a district within the metropolitan
area as defined in Minnesota Statutes, section 473.121,
subdivision 2, and the other representing a district outside the
metropolitan area, appointed by the speaker; and
(10) two members of the senate, one from each caucus; one
representing a district within the metropolitan area as defined
in Minnesota Statutes, section 473.121, subdivision 2, and the
other representing a district outside the metropolitan area,
appointed by the subcommittee on committees of the committee on
rules and administration.
(b) The committee shall elect a chair from the members.
Subd. 2. [ADMINISTRATIVE SUPPORT.] The commissioner of
public safety shall provide necessary administrative and staff
support to the committee.
Subd. 3. [COMPENSATION.] Committee members who are not
public officials or employees are entitled to reimbursement for
expenses in accordance with Minnesota Statutes, section 15.059,
subdivision 6. Legislative members are entitled to compensation
in accordance with rules of the house of representatives and the
senate.
Subd. 4. [DUTIES.] (a) The committee shall:
(1) review findings and recommendations of the joint
advisory training committee formed by the Minnesota state fire
department association, the Minnesota state fire chiefs
association, and the Minnesota professional firefighters;
(2) conduct further study of firefighter training needs and
options;
(3) consider current funding for firefighter training,
determine any need for additional funding, and recommend
possible sources of the funding;
(4) consider the current delivery system for firefighter
training, including statewide coordinating of training, and any
needed improvements;
(5) consider the selection and evaluation of training
instructors and any needed improvements;
(6) study levels of service delivery and any need for
standardized training;
(7) consider federal and state laws and standards that
affect firefighter training;
(8) determine a fair system for reimbursing local
jurisdictions for training programs; and
(9) consider the need for centralized administrative
direction of training programs.
(b) The committee shall conduct at least three, but no more
than five, public meetings around the state to gather public
input relevant to paragraph (a). Before submitting the report
required by subdivision 5, the committee shall prepare and
disseminate a draft report and seek public comment on it. A
record of comment received must be kept and submitted along with
the report required by subdivision 5. At least one-half of the
meetings must take place outside the seven-county metropolitan
area.
Subd. 5. [REPORT.] The committee shall submit a report and
its recommendations to the chairs of the senate and house
committees or divisions having jurisdiction over criminal
justice policy and funding by February 1, 1998. The report must
identify any changes in statutes required to implement the
committee's recommendations. The committee expires upon
submission of the report.
Subd. 6. [LOCAL COOPERATION.] Local government units shall
cooperate with the committee in the preparation of the report
required by subdivision 5.
Sec. 10. [BOARD ON JUDICIAL STANDARDS; AWARD OF COSTS AND
ATTORNEY FEES.]
Subdivision 1. [AWARD.] The board on judicial standards
may award reasonable costs and attorney fees to a judge if:
(1) a formal hearing under the Minnesota Rules of the Board
on Judicial Standards, rule 10, was held on the charges against
the judge;
(2) the findings and recommendations of the panel concluded
that the judge did not use the judicial office to advance a
personal or private goal and that the judge was acting on
matters of concern to the judge in the judge's official
capacity;
(3) the findings and recommendations of the panel concluded
that the case served a public purpose by increasing public
awareness of the judicial system and the problems with which it
is faced; and
(4) the board dismissed the charges and found that the
judge did not violate the rules of judicial conduct, judicial
standards, or professional conduct.
Subd. 2. [APPLICATION.] A judge against whom charges have
previously been dismissed may apply to the board on judicial
standards for an award of costs and attorney fees under
subdivision 1.
Sec. 11. [RESTORATIVE JUSTICE PROGRAMS.]
A local governmental unit may establish a restorative
justice program. A restorative justice program is a program
that provides forums that may be an alternative to prosecution
where certain individuals charged with having committed a crime
meet with the victim; the victim's family members or other
supportive persons, if appropriate; the offender's family
members or other supportive persons, if appropriate; a law
enforcement official or prosecutor when appropriate; and members
of the community, in order to:
(1) discuss the impact of the offense on the victim and the
community;
(2) assign an appropriate sanction to the offender; and
(3) provide methods for reintegrating the offender into the
community when the offender is from the community.
Sec. 12. [FAMILY VIOLENCE COORDINATING COUNCILS.]
Subdivision 1. [ESTABLISHMENT; PURPOSE.] A judicial
district may establish a family violence coordinating council
for the purpose of promoting innovative efforts to deal with
family violence issues. A coordinating council shall establish
and promote interdisciplinary programs and initiatives to
coordinate public and private legal and social services and law
enforcement, prosecutorial, and judicial activities.
Subd. 2. [MEMBERSHIP.] The chief judge shall appoint the
members of a family violence coordinating council. Members must
include representatives of the following groups:
(1) judges, court administrators, and probation
authorities;
(2) domestic abuse advocates and others who provide social
services to adult and child victims of domestic abuse and
perpetrators of domestic abuse;
(3) health care and mental health care providers;
(4) law enforcement and prosecutors;
(5) public defenders and legal aid;
(6) educators and child protection workers; and
(7) public officials and other public organizations.
Subd. 3. [PLAN.] A family violence coordinating council
shall develop a plan for coordinating activities of its
membership relating to family violence issues and improving
activities and services, including:
(1) interdisciplinary training and systemic approaches to
family violence issues;
(2) identification of current weaknesses in the system and
areas where additional resources are needed, and ways to improve
those components;
(3) promoting public and private partnerships in the
delivery of services and the use of volunteer services;
(4) identification of differences in approaches and needs
in different demographic populations;
(5) developing protocols for investigation and prosecution
of domestic abuse, including issues related to victim
cooperation and interviewing and investigative techniques;
(6) coordination of city and county prosecutorial efforts,
including standards for referral of cases, coordinated
prosecutions, and cross-deputization of prosecutors;
(7) evaluation of dismissal, conviction, and sentencing
levels and practices and relationship to reported incidents of
domestic abuse, cases investigated and prosecuted, and severity
of abuse; and
(8) coordination of family, juvenile, and criminal court
proceedings involving family violence issues.
Subd. 4. [EVALUATION.] A family violence coordinating
council shall develop a system for evaluating the effectiveness
of its initiatives and programs in improving the coordination of
activities and delivery of services and shall focus on
identifiable goals and outcomes. An evaluation must include
data components as well as input from individuals involved in
family violence activities and services, victims, and
perpetrators.
Sec. 13. [FOURTH JUDICIAL DISTRICT FAMILY VIOLENCE
COORDINATING COUNCIL PILOT PROGRAM.]
The commissioner of public safety shall make a grant to the
fourth judicial district for the planning of a family violence
coordinating council under section 12. The grant may be made to
develop a plan and evaluation system under section 12,
subdivisions 3 and 4. By July 1 of each year, the district
shall report on the activities of the council to the
commissioner. By January 15, 2000, the commissioner shall
report to the chairs of the senate and house divisions having
jurisdiction over criminal justice funding on the pilot program,
including recommendations for legislation.
ARTICLE 3
GENERAL CRIME PROVISIONS
Section 1. Minnesota Statutes 1996, section 169.20,
subdivision 5, is amended to read:
Subd. 5. [EMERGENCY VEHICLE.] (a) Upon the immediate
approach of an authorized emergency vehicle equipped with at
least one lighted lamp exhibiting red light visible under normal
atmospheric conditions from a distance of 500 feet to the front
of such vehicle and, except where otherwise not required by law,
when the driver is giving audible signal by siren, the driver of
each other vehicle shall yield the right-of-way and shall
immediately drive to a position parallel to and as close as
possible to the right-hand edge or curb of the highway clear of
any intersection, and shall stop and remain in this position
until the authorized emergency vehicle has passed, except when
otherwise directed by a police officer. The driver of another
vehicle on a one-way roadway shall drive to the closest edge or
curb and stop. The driver of an authorized emergency vehicle
escorting the movement of a vehicle or load which is oversize or
overweight need not sound an audible signal by siren but shall
exhibit the light required by this paragraph. The driver of
each other vehicle then shall yield the right-of-way, as
required by this paragraph, to the emergency vehicle escorting
the vehicle or load which is oversize or overweight.
(b) Upon the approach of an authorized emergency vehicle
the driver of each street car and the operator of each trackless
trolley car shall immediately stop such car clear of any
intersection and keep it in this position and keep the doors and
gates of the street car or trackless trolley car closed until
the authorized emergency vehicle has passed, except when
otherwise directed by a police officer.
(c) A peace officer may arrest the driver of a motor
vehicle if the peace officer has probable cause to believe that
the driver has operated the vehicle in violation of paragraph
(a) within the four-hour period following the termination of the
emergency incident.
(d) This subdivision shall not operate to relieve the
driver of an authorized emergency vehicle from the duty to drive
with due regard for the safety of persons using the highways.
Sec. 2. Minnesota Statutes 1996, section 169.797,
subdivision 3, is amended to read:
Subd. 3. [VIOLATION BY DRIVER.] Any other person who
operates a vehicle upon a public highway, street, or road in
this state who knows or has reason to know that the owner does
not have security complying with the terms of section 65B.48 in
full force and effect is guilty of a crime and shall be
sentenced as provided in subdivision 4.
Sec. 3. Minnesota Statutes 1996, section 388.23,
subdivision 1, is amended to read:
Subdivision 1. [AUTHORITY.] The county attorney, or any
deputy or assistant county attorney whom the county attorney
authorizes in writing, has the authority to subpoena and require
the production of any records of telephone companies, cellular
phone companies, paging companies, the names and addresses of
subscribers of private computer networks including Internet
service providers or computer bulletin board systems, electric
companies, gas companies, water utilities, chemical suppliers,
hotels and motels, pawn shops, airlines, buses, taxis, and other
entities engaged in the business of transporting people, and
freight companies, warehousing companies, self-service storage
facilities, package delivery companies, and other entities
engaged in the businesses of transport, storage, or delivery,
and records of the existence of safe deposit box account numbers
and customer savings and checking account numbers maintained by
financial institutions and safe deposit companies, insurance
records relating to the monetary payment or settlement of
claims, and wage and employment records of an applicant or
recipient of public assistance who is the subject of a welfare
fraud investigation relating to eligibility information for
public assistance programs. Subpoenas may only be issued for
records that are relevant to an ongoing legitimate law
enforcement investigation. Administrative subpoenas may only be
issued in welfare fraud cases if there is probable cause to
believe a crime has been committed. This provision applies only
to the records of business entities and does not extend to
private individuals or their dwellings. Subpoenas may only be
served by peace officers as defined by section 626.84,
subdivision 1, paragraph (c).
Sec. 4. Minnesota Statutes 1996, section 609.101,
subdivision 5, is amended to read:
Subd. 5. [WAIVER PROHIBITED; REDUCTION AND INSTALLMENT
PAYMENTS.] (a) The court may not waive payment of the minimum
fine, surcharge, or assessment required by this section. The
court may reduce the amount of the minimum fine, surcharge, or
assessment
(b) If the defendant qualifies for the services of a public
defender or the court makes written findings finds on the record
that the convicted person is indigent or that immediate payment
of the fine, surcharge, or assessment would create undue
hardship for the convicted person or that person's immediate
family, the court may reduce the amount of the minimum fine to
not less than $50.
(c) The court also may authorize payment of the fine,
surcharge, or assessment in installments.
Sec. 5. [609.113] [SENTENCE TO WORK PROGRAM FOR CERTAIN
OFFENDERS.]
Subdivision 1. [MANDATORY SENTENCE.] (a) Except as
provided in paragraph (b), if a court stays the imposition or
execution of sentence under section 609.135 for an adult male
who is convicted of a first- or second-time nonviolent felony
offense, and who has never been previously convicted of or
adjudicated for committing an offense against the person, the
court, in addition to any other intermediate sanctions ordered
and as a condition of probation, shall order the person to
satisfactorily complete the work program for the period of time
specified in subdivision 4, paragraph (a).
If the work program is full at the time of sentencing, the
court may sentence the person to any sentence authorized in
section 609.10 or 609.135. The court may sentence the person to
the program and require that the person be placed in the program
when an opening occurs.
(b) If the court determines, based on substantial and
compelling reasons, that a person described in paragraph (a)
would receive a more appropriate sanction and level of care
through an alternative disposition using local correctional
resources, the court may sentence the person to a disposition
not involving the work program notwithstanding paragraph (a).
This sentence must include a sanction of equivalent or greater
severity as the work program.
If a court sentences a person under this paragraph, the
court shall make written findings as to the reasons for not
using the work program. The court shall forward these findings,
including the alternative sentence imposed, to the sentencing
guidelines commission.
Subd. 2. [PERMISSIVE SENTENCE.] A court may sentence a
person who has never previously been convicted of or adjudicated
for committing an offense against the person to satisfactorily
complete the work program for a period of time authorized in
subdivision 4, paragraph (b), if the person:
(1) is convicted of a nonviolent felony offense other than
a first- or second-time nonviolent felony offense and the court
is staying the imposition or execution of sentence under section
609.135; or
(2) is convicted of a nonviolent gross misdemeanor offense.
This sentence may be in addition to any other sanctions ordered
by the court.
Subd. 3. [OFFENDERS INELIGIBLE FOR PROGRAM.] A person is
ineligible to be sentenced to the work program if:
(1) the court determines that the person has a debilitating
chemical dependency or serious mental health problem; or
(2) the person has been convicted of a nonviolent felony or
gross misdemeanor offense after having initially been charged
with committing a crime against the person.
Subd. 4. [LENGTH OF SENTENCE.] (a) If the court determines
that the offense is the person's first nonviolent felony
offense, the court shall sentence the person to the work program
for 60 days. If the court determines that the offense is the
person's second nonviolent felony offense, the court shall
sentence the person to the work program for 90 days.
(b) The court may sentence a person described in
subdivision 2 as follows:
(1) if the person is convicted of a nonviolent felony
offense, the court may sentence the person to the work program
for up to 90 days; or
(2) if the person is convicted of a nonviolent gross
misdemeanor offense, the court may sentence the person to the
work program for up to 30 days.
(c) The person shall be placed in the work program as soon
as possible after the sentencing to ensure swift consequences
for the offense.
Subd. 5. [REPORT.] By January 15, 1999, and each year
thereafter, the sentencing guidelines commission shall issue a
report to the chairs of the senate and house committees and
divisions having jurisdiction over criminal justice policy and
funding summarizing the information received from courts under
subdivision 1, paragraph (b).
Subd. 6. [DEFINITIONS.] For purposes of this section,
"nonviolent felony offense" and "nonviolent gross misdemeanor
offense" do not include crimes against the person.
Sec. 6. Minnesota Statutes 1996, 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; or
(6) to perform work service in a restorative justice
program 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. 7. Minnesota Statutes 1996, section 609.135,
subdivision 1, is amended to read:
Subdivision 1. [TERMS AND CONDITIONS.] (a) 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) (1) may order intermediate sanctions without placing
the defendant on probation,; or
(b) (2) 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.
(b) 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, work
service in a restorative justice program, work in lieu of or to
work off fines and, with the victim's consent, work in lieu of
or to work off restitution.
(c) 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. 8. Minnesota Statutes 1996, section 609.15,
subdivision 1, is amended to read:
Subdivision 1. [CONCURRENT, CONSECUTIVE SENTENCES;
SPECIFICATION REQUIREMENT.] (a) When separate sentences of
imprisonment are imposed on a defendant for two or more crimes,
whether charged in a single indictment or information or
separately, or when a person who is under sentence of
imprisonment in this state is being sentenced to imprisonment
for another crime committed prior to or while subject to such
former sentence, the court in the later sentences shall specify
whether the sentences shall run concurrently or consecutively.
If the court does not so specify, the sentences shall run
concurrently.
(b) When a court imposes sentence for a misdemeanor or
gross misdemeanor offense and specifies that the sentence shall
run consecutively to any other sentence, the court may order the
defendant to serve time in custody for the consecutive sentence
in addition to any time in custody the defendant may be serving
for any other offense, including probationary jail time or
imprisonment for any felony offense.
Sec. 9. [609.153] [INCREASED PENALTIES FOR CERTAIN
MISDEMEANORS.]
Subdivision 1. [APPLICATION.] This section applies to the
following misdemeanor-level crimes: sections 609.324
(prostitution); 609.546 (motor vehicle tampering); 609.595
(damage to property); and 609.66 (dangerous weapons); and
violations of local ordinances prohibiting the unlawful sale or
possession of controlled substances.
Subd. 2. [CUSTODIAL ARREST.] Notwithstanding Rule 6.01 of
the Rules of Criminal Procedure, a peace officer acting without
a warrant who has decided to proceed with the prosecution of a
person for committing a crime described in subdivision 1, may
arrest and take the person into custody if the officer has
reason to believe the person has a prior conviction for any
crime described in subdivision 1.
Subd. 3. [INCREASED PENALTY.] Notwithstanding the
statutory maximum penalty otherwise applicable to the offense, a
person who commits a misdemeanor-level crime described in
subdivision 1 is guilty of a gross misdemeanor if the court
determines at the time of sentencing that the person has two or
more prior convictions in this or any other state for any of the
crimes described in subdivision 1.
Subd. 4. [NOTICE TO COMPLAINING WITNESS.] A prosecuting
authority who is responsible for filing charges against or
prosecuting a person arrested under the circumstances described
in subdivision 2 shall make reasonable efforts to notify the
complaining witness of the final outcome of the criminal
proceeding that resulted from the arrest including, where
appropriate, the decision to dismiss or not file charges against
the arrested person.
Sec. 10. Minnesota Statutes 1996, section 609.221, is
amended to read:
609.221 [ASSAULT IN THE FIRST DEGREE.]
Subdivision 1. [GREAT BODILY HARM.] Whoever assaults
another and inflicts great bodily harm may be sentenced to
imprisonment for not more than 20 years or to payment of a fine
of not more than $30,000, or both.
Subd. 2. [USE OF DEADLY FORCE AGAINST PEACE OFFICER OR
CORRECTIONAL EMPLOYEE.] (a) Whoever assaults a peace officer or
correctional employee by using or attempting to use deadly force
against the officer or employee while the officer or employee is
engaged in the performance of a duty imposed by law, policy, or
rule, may be sentenced to imprisonment for not more than 20
years or to payment of a fine of not more than $30,000, or both.
(b) A person convicted of assaulting a peace officer or
correctional employee as described in paragraph (a) shall be
committed to the commissioner of corrections for not less than
ten years, nor more than 20 years. A defendant convicted and
sentenced as required by this paragraph is not eligible for
probation, parole, discharge, work release, or supervised
release, until that person has served the full term of
imprisonment as provided by law, notwithstanding the provisions
of sections 241.26, 242.19, 243.05, 244.04, 609.12, and
609.135. Notwithstanding section 609.135, the court may not
stay the imposition or execution of this sentence.
(c) As used in this subdivision:
(1) "correctional employee" means an employee of a public
or private prison, jail, or workhouse;
(2) "deadly force" has the meaning given in section
609.066, subdivision 1; and
(3) "peace officer" has the meaning given in section
626.84, subdivision 1.
Sec. 11. Minnesota Statutes 1996, section 609.2245,
subdivision 2, is amended to read:
Subd. 2. [PERMITTED ACTIVITIES.] A surgical procedure is
not a violation of subdivision 1 if the procedure:
(1) is necessary to the health of the person on whom it is
performed and is performed by: (i) a physician licensed under
chapter 147 or; (ii) a physician in training under the
supervision of a licensed physician; or (iii) a certified nurse
midwife practicing within the nurse midwife's legal scope of
practice; or
(2) is performed on a person who is in labor or who has
just given birth and is performed for medical purposes connected
with that labor or birth: (i) by a physician licensed under
chapter 147 or; (ii) a physician in training under the
supervision of a licensed physician; or (iii) a certified nurse
midwife practicing within the nurse midwife's legal scope of
practice.
Sec. 12. [609.2336] [DECEPTIVE OR UNFAIR TRADE PRACTICES;
ELDERLY OR HANDICAPPED VICTIMS.]
Subdivision 1. [DEFINITIONS.] As used in this section:
(1) "charitable solicitation law violation" means a
violation of sections 309.50 to 309.61;
(2) "consumer fraud law violation" means a violation of
sections 325F.68 to 325F.70;
(3) "deceptive trade practices law violation" means a
violation of sections 325D.43 to 325D.48;
(4) "false advertising law violation" means a violation of
section 325F.67;
(5) "handicapped person" means a person who has an
impairment of physical or mental function or emotional status
that substantially limits one or more major life activities;
(6) "major life activities" means functions such as caring
for oneself, performing manual tasks, walking, seeing, hearing,
speaking, breathing, learning, and working; and
(7) "senior citizen" means a person who is 65 years of age
or older.
Subd. 2. [CRIME.] It is a gross misdemeanor for any person
to commit a charitable solicitation law violation, a consumer
fraud law violation, a deceptive trade practices law violation,
or a false advertising law violation if the person knows or has
reason to know that the person's conduct:
(1) is directed at one or more handicapped persons or
senior citizens; and
(2) will cause or is likely to cause a handicapped person
or a senior citizen to suffer loss or encumbrance of a primary
residence, principal employment or other major source of income,
substantial loss of property set aside for retirement or for
personal or family care and maintenance, substantial loss of
pension, retirement plan, or government benefits, or substantial
loss of other assets essential to the victim's health or welfare.
Subd. 3. [PROSECUTORIAL JURISDICTION.] The attorney
general has statewide jurisdiction to prosecute violations of
this section. This jurisdiction is concurrent with that of the
local prosecuting authority responsible for prosecuting gross
misdemeanors in the place where the violation was committed.
Sec. 13. Minnesota Statutes 1996, section 609.487,
subdivision 3, is amended to read:
Subd. 3. [FLEEING AN OFFICER.] Whoever by means of a motor
vehicle flees or attempts to flee a peace officer who is acting
in the lawful discharge of an official duty, and the perpetrator
knows or should reasonably know the same to be a peace
officer, 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.
Whoever violates this subdivision a second or subsequent time is
guilty of a felony and may be sentenced to imprisonment for not
more than one year three years and one day or to payment of a
fine of not more than $3,000 $5,000, or both.
Sec. 14. Minnesota Statutes 1996, section 609.495,
subdivision 1, is amended to read:
Subdivision 1. (a) Whoever harbors, conceals, or aids
another known by the actor to have committed a felony under the
laws of this or another state or of the United States with
intent that such offender shall avoid or escape from arrest,
trial, conviction, or punishment, 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) Whoever knowingly harbors, conceals, or aids a person
who is on probation, parole, or supervised release because of a
felony level conviction and for whom an arrest and detention
order has been issued, with intent that the person evade or
escape being taken into custody under the order, 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. As used in
this paragraph, "arrest and detention order" means a written
order to take and detain a probationer, parolee, or supervised
releasee that is issued under section 243.05, subdivision 1;
260.311, subdivision 3a; or 401.02, subdivision 4.
Sec. 15. Minnesota Statutes 1996, section 609.498, is
amended by adding a subdivision to read:
Subd. 1b. [AGGRAVATED FIRST-DEGREE WITNESS TAMPERING.] (a)
A person is guilty of aggravated first-degree witness tampering
if the person causes or, by means of an implicit or explicit
credible threat, threatens to cause great bodily harm or death
to another in the course of committing any of the following acts
intentionally:
(1) preventing or dissuading or attempting to prevent or
dissuade a person who is or may become a witness from attending
or testifying at any criminal trial or proceeding;
(2) coercing or attempting to coerce a person who is or may
become a witness to testify falsely at any criminal trial or
proceeding;
(3) retaliating against a person who was summoned as a
witness at any criminal trial or proceeding within a year
following that trial or proceeding or within a year following
the actor's release from incarceration, whichever is later;
(4) preventing or dissuading or attempting to prevent or
dissuade a person from providing information to law enforcement
authorities concerning a crime;
(5) coercing or attempting to coerce a person to provide
false information concerning a crime to law enforcement
authorities; or
(6) retaliating against any person who has provided
information to law enforcement authorities concerning a crime
within a year of that person providing the information or within
a year of the actor's release from incarceration, whichever is
later.
(b) A person convicted of committing any act prohibited by
paragraph (a) may be sentenced to imprisonment for not more than
20 years or to payment of a fine of not more than $30,000, or
both.
Sec. 16. Minnesota Statutes 1996, section 609.498, is
amended by adding a subdivision to read:
Subd. 4. [NO BAR TO CONVICTION.] Notwithstanding sections
609.035 or 609.04, a prosecution for or conviction of the crime
of aggravated first-degree witness tampering is not a bar to
conviction of or punishment for any other crime.
Sec. 17. Minnesota Statutes 1996, 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) (i) 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) (ii) 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) (iii) 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) (iv) 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) (v) 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) (i) the control exercised manifests an indifference to
the rights of the owner or the restoration of the property to
the owner; or
(b) (ii) the actor pledges or otherwise attempts to subject
the property to an adverse claim; or
(c) (iii) 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 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,
knowing or having reason to know that the owner or an authorized
agent of the owner did not give consent.
Sec. 18. Minnesota Statutes 1996, section 609.684,
subdivision 4, is amended to read:
Subd. 4. [NOTICE REQUIRED.] (a) A business establishment
that offers for sale at retail any toxic substance must display
a conspicuous sign that contains the following, or substantially
similar, language:
"NOTICE
It is unlawful for a person to sell glue, cement, or aerosol
paint containing intoxicating substances, to a person under 18
years of age, except as provided by law. This offense is a
misdemeanor. It is also a misdemeanor for a person to use or
possess glue, cement, aerosol paint, with the intent of inducing
intoxication, excitement, or stupefaction of the central nervous
system. This use can be harmful or fatal."
(b) A business establishment may omit from the required
notice references to any toxic substance that is not offered for
sale by that business establishment.
(c) A business establishment that does not sell any toxic
substance listed in subdivision 1 other than butane or butane
lighters shall post a sign stating that it is illegal to sell
butane or butane lighters to anyone under the age of 18. This
sign shall fulfill the requirements under this subdivision is
not required to post a notice under paragraph (a).
Sec. 19. Minnesota Statutes 1996, section 609.78, is
amended to read:
609.78 [EMERGENCY TELEPHONE CALLS AND COMMUNICATIONS.]
Subdivision 1. [MISDEMEANOR OFFENSES.] Whoever does the
following is guilty of a misdemeanor:
(1) Refuses to relinquish immediately a coin-operated
telephone or a telephone line consisting of two or more stations
when informed that the line is needed to make an emergency call
for medical or ambulance service or for assistance from a police
or fire department or for other service needed in an emergency
to avoid serious harm to person or property, and an emergency
exists;
(2) Secures a relinquishment of a coin-operated telephone
or a telephone line consisting of two or more stations by
falsely stating that the line is needed for an emergency;
(3) Publishes telephone directories to be used for
telephones or telephone lines and the directories do not contain
a copy of this section;
(4) Makes an emergency call for medical or ambulance
service, knowing that no medical emergency exists; or
(5) Interrupts, disrupts, impedes, or otherwise interferes
with the transmission of a citizen's band radio channel
communication the purpose of which is to inform or inquire about
a medical emergency or an emergency in which property is or is
reasonably believed to be in imminent danger of damage or
destruction.
Subd. 2. [INTERFERENCE WITH A 911 CALL; GROSS MISDEMEANOR
OFFENSE.] A person who intentionally interrupts, disrupts,
impedes, or otherwise interferes with a 911 call or who prevents
or hinders another from placing a 911 call, and whose conduct
does not result in a violation of section 609.498, 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. 20. Minnesota Statutes 1996, section 609.902,
subdivision 4, is amended to read:
Subd. 4. [CRIMINAL ACT.] "Criminal act" means conduct
constituting, or a conspiracy or attempt to commit, a felony
violation of chapter 152, or a felony violation of section
297D.09; 299F.79; 299F.80; 299F.82; 609.185; 609.19; 609.195;
609.20; 609.205; 609.221; 609.222; 609.223; 609.2231; 609.228;
609.235; 609.245; 609.25; 609.27; 609.322; 609.323; 609.342;
609.343; 609.344; 609.345; 609.42; 609.48; 609.485; 609.495;
609.496; 609.497; 609.498; 609.52, subdivision 2, if the offense
is punishable under subdivision 3, clause (3)(b) or clause
3(d)(v) or (vi); section 609.52, subdivision 2, clause (4);
609.53; 609.561; 609.562; 609.582, subdivision 1 or 2; 609.668,
subdivision 6, paragraph (a); 609.67; 609.687; 609.713; 609.86;
609.894, subdivision 3 or 4; 624.713; or 624.74; or 626A.02,
subdivision 1, if the offense is punishable under section
626A.02, subdivision 4, paragraph (a). "Criminal act" also
includes conduct constituting, or a conspiracy or attempt to
commit, a felony violation of section 609.52, subdivision 2,
clause (3), (4), (15), or (16), if the violation involves an
insurance company as defined in section 60A.02, subdivision 4, a
nonprofit health service plan corporation regulated under
chapter 62C, a health maintenance organization regulated under
chapter 62D, or a fraternal benefit society regulated under
chapter 64B.
Sec. 21. Minnesota Statutes 1996, section 631.07, is
amended to read:
631.07 [ORDER OF FINAL ARGUMENT.]
When the giving of evidence is concluded in a criminal
trial, unless the case is submitted on both sides without
argument, the prosecution may make a closing argument to the
jury. The defense may then make its closing argument to the
jury. On the motion of the prosecution, The court may shall
permit the prosecution to reply in rebuttal if the court
determines that the defense has made in its closing argument a,
which shall be limited to a response to any misstatement of law
or fact or a statement that is inflammatory or prejudicial made
by the defense in its closing argument. The rebuttal must be
limited to a direct response to the misstatement of law or fact
or the inflammatory or prejudicial statement.
Sec. 22. [RULE SUPERSEDED.]
Minnesota Rules of Criminal Procedure, rule 26.03,
subdivision 11, is superseded to the extent it conflicts with
Minnesota Statutes, section 631.07.
Sec. 23. [REPORT.]
By January 15, 1999, and each year thereafter, the supreme
court is requested to report to the chairs of the senate and
house committees having jurisdiction over criminal justice
policy on prosecutorial rebuttals under Minnesota Statutes,
section 631.07. The report must contain information on:
(1) the number of rebuttals requested by prosecutors;
(2) the number of rebuttals permitted by courts; and
(3) the circumstances involving instances in which
rebuttals were not permitted.
Sec. 24. [COST OF CRIME STUDY.]
The legislative audit commission is requested to direct the
legislative auditor to conduct a study of the costs that
criminal activity places on the state and local communities.
The study shall include not only the direct costs to state and
local governments of responding to, prosecuting, and punishing
criminal offenders, but also the indirect economic and social
costs that criminal activity places on local communities and
their residents.
If the commission directs the auditor to conduct this
study, the auditor shall report findings to the chairs of the
senate crime prevention and house judiciary committees by
February 15, 1998.
Sec. 25. [REPEALER.]
Minnesota Statutes 1996, sections 119A.30; 145.406; 244.09,
subdivision 11a; and 609.684, subdivision 2, are repealed.
Sec. 26. [EFFECTIVE DATE.]
Sections 1 to 20, and 25 are effective August 1, 1997, and
apply to crimes committed on or after that date. Sections 21 to
23 are effective August 1, 1997, and apply to proceedings
conducted on or after that date. Section 24 is effective July
1, 1997.
ARTICLE 4
CONTROLLED SUBSTANCES
Section 1. Minnesota Statutes 1996, section 152.01,
subdivision 18, is amended to read:
Subd. 18. [DRUG PARAPHERNALIA.] (a) Except as otherwise
provided in paragraph (b), "drug paraphernalia" means all
equipment, products, and materials of any kind, except those
items used in conjunction with permitted uses of controlled
substances under this chapter or the Uniform Controlled
Substances Act, which are knowingly or intentionally used
primarily in (1) manufacturing a controlled substance, (2)
injecting, ingesting, inhaling, or otherwise introducing into
the human body a controlled substance, (3) testing the strength,
effectiveness, or purity of a controlled substance, or (4)
enhancing the effect of a controlled substance.
(b) "Drug paraphernalia" does not include the possession,
manufacture, delivery, or sale of hypodermic needles or syringes
in accordance with section 151.40, subdivision 2.
Sec. 2. Minnesota Statutes 1996, section 152.01, is
amended by adding a subdivision to read:
Subd. 22. [DRUG TREATMENT FACILITY.] "Drug treatment
facility" means any facility in which a residential
rehabilitation program licensed under Minnesota Rules, parts
9530.4100 to 9530.4450, is located, and includes any property
owned, leased, or controlled by the facility.
Sec. 3. Minnesota Statutes 1996, 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.
(6) 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
stimulant 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:
Cathinone;
Methcathinone.
Sec. 4. Minnesota Statutes 1996, section 152.02,
subdivision 5, is amended to read:
Subd. 5. (a) The following items are listed in Schedule IV:
Anabolic substances; Barbital; Butorphanol; Carisoprodol;
Chloral betaine; Chloral hydrate; Chlordiazepoxide; Clonazepam;
Clorazepate; Diazepam; Diethylpropion; Ethchlorvynol;
Ethinamate; Fenfluramine; Flurazepam; Mebutamate; Methohexital;
Meprobamate except when in combination with the following drugs
in the following or lower concentrations: conjugated estrogens,
0.4 mg; tridihexethyl chloride, 25mg; pentaerythritol
tetranitrate, 20 mg; Methylphenobarbital; Oxazepam; Paraldehyde;
Pemoline; Petrichloral; Phenobarbital; and Phentermine.
(b) For purposes of this subdivision, "anabolic substances"
means the naturally occurring androgens or derivatives of
androstane (androsterone and testosterone); testosterone and its
esters, including, but not limited to, testosterone propionate,
and its derivatives, including, but not limited to,
methyltestosterone and growth hormones, except that anabolic
substances are not included if they are: (1) expressly intended
for administration through implants to cattle or other nonhuman
species; and (2) approved by the United States Food and Drug
Administration for that use.
Sec. 5. Minnesota Statutes 1996, section 152.021,
subdivision 1, is amended to read:
Subdivision 1. [SALE CRIMES.] A person is guilty of
controlled substance crime in the first degree if:
(1) on one or more occasions within a 90-day period the
person unlawfully sells one or more mixtures of a total weight
of ten grams or more containing cocaine or heroin;
(2) on one or more occasions within a 90-day period the
person unlawfully sells one or more mixtures of a total weight
of 50 grams or more containing a narcotic drug other than
cocaine or heroin;
(3) on one or more occasions within a 90-day period the
person unlawfully sells one or more mixtures of a total weight
of 50 grams or more containing methamphetamine, amphetamine,
phencyclidine, or hallucinogen or, if the controlled substance
is packaged in dosage units, equaling 200 or more dosage units;
or
(4) on one or more occasions within a 90-day period the
person unlawfully sells one or more mixtures of a total weight
of 50 kilograms or more containing marijuana or
Tetrahydrocannabinols, or one or more mixtures of a total weight
of 25 kilograms or more containing marijuana or
Tetrahydrocannabinols in a school zone, a park zone, or a public
housing zone, or a drug treatment facility.
Sec. 6. Minnesota Statutes 1996, section 152.021,
subdivision 2, is amended to read:
Subd. 2. [POSSESSION CRIMES.] A person is guilty of a
controlled substance crime in the first degree if:
(1) the person unlawfully possesses one or more mixtures of
a total weight of 25 grams or more containing cocaine or heroin;
(2) the person unlawfully possesses one or more mixtures of
a total weight of 500 grams or more containing a narcotic drug
other than cocaine or heroin;
(3) the person unlawfully possesses one or more mixtures of
a total weight of 500 grams or more containing methamphetamine,
amphetamine, phencyclidine, or hallucinogen or, if the
controlled substance is packaged in dosage units, equaling 500
or more dosage units; or
(4) the person unlawfully possesses one or more mixtures of
a total weight of 100 kilograms or more containing marijuana or
Tetrahydrocannabinols.
Sec. 7. Minnesota Statutes 1996, section 152.022,
subdivision 1, is amended to read:
Subdivision 1. [SALE CRIMES.] A person is guilty of
controlled substance crime in the second degree if:
(1) on one or more occasions within a 90-day period the
person unlawfully sells one or more mixtures of a total weight
of three grams or more containing cocaine or heroin;
(2) on one or more occasions within a 90-day period the
person unlawfully sells one or more mixtures of a total weight
of ten grams or more containing a narcotic drug other than
cocaine or heroin;
(3) on one or more occasions within a 90-day period the
person unlawfully sells one or more mixtures of a total weight
of ten grams or more containing methamphetamine, amphetamine,
phencyclidine, or hallucinogen or, if the controlled substance
is packaged in dosage units, equaling 50 or more dosage units;
(4) on one or more occasions within a 90-day period the
person unlawfully sells one or more mixtures of a total weight
of 25 kilograms or more containing marijuana or
Tetrahydrocannabinols;
(5) the person unlawfully sells any amount of a schedule I
or II narcotic drug to a person under the age of 18, or
conspires with or employs a person under the age of 18 to
unlawfully sell the substance; or
(6) the person unlawfully sells any of the following in a
school zone, a park zone, or a public housing zone, or a drug
treatment facility:
(i) any amount of a schedule I or II narcotic drug, or
lysergic acid diethylamide (LSD);
(ii) one or more mixtures containing methamphetamine or
amphetamine; or
(iii) one or more mixtures of a total weight of five
kilograms or more containing marijuana or Tetrahydrocannabinols.
Sec. 8. Minnesota Statutes 1996, section 152.022,
subdivision 2, is amended to read:
Subd. 2. [POSSESSION CRIMES.] A person is guilty of
controlled substance crime in the second degree if:
(1) the person unlawfully possesses one or more mixtures of
a total weight of six grams or more containing cocaine or
heroin;
(2) the person unlawfully possesses one or more mixtures of
a total weight of 50 grams or more containing a narcotic drug
other than cocaine or heroin;
(3) the person unlawfully possesses one or more mixtures of
a total weight of 50 grams or more containing methamphetamine,
amphetamine, phencyclidine, or hallucinogen or, if the
controlled substance is packaged in dosage units, equaling 100
or more dosage units; or
(4) the person unlawfully possesses one or more mixtures of
a total weight of 50 kilograms or more containing marijuana or
Tetrahydrocannabinols.
Sec. 9. Minnesota Statutes 1996, section 152.023,
subdivision 1, is amended to read:
Subdivision 1. [SALE CRIMES.] A person is guilty of
controlled substance crime in the third degree if:
(1) the person unlawfully sells one or more mixtures
containing a narcotic drug;
(2) on one or more occasions within a 90-day period the
person unlawfully sells one or more mixtures containing
phencyclidine or hallucinogen, it is packaged in dosage units,
and equals ten or more dosage units;
(3) the person unlawfully sells one or more mixtures
containing a controlled substance classified in schedule I, II,
or III, except a schedule I or II narcotic drug, to a person
under the age of 18;
(4) the person conspires with or employs a person under the
age of 18 to unlawfully sell one or more mixtures containing a
controlled substance listed in schedule I, II, or III, except a
schedule I or II narcotic drug; or
(5) on one or more occasions within a 90-day period the
person unlawfully sells one or more mixtures of a total weight
of five kilograms or more containing marijuana or
Tetrahydrocannabinols.
Sec. 10. Minnesota Statutes 1996, section 152.023,
subdivision 2, is amended to read:
Subd. 2. [POSSESSION CRIMES.] A person is guilty of
controlled substance crime in the third degree if:
(1) on one or more occasions within a 90-day period the
person unlawfully possesses one or more mixtures of a total
weight of three grams or more containing cocaine or heroin;
(2) on one or more occasions within a 90-day period the
person unlawfully possesses one or more mixtures of a total
weight of ten grams or more containing a narcotic drug other
than cocaine or heroin;
(3) on one or more occasions within a 90-day period the
person unlawfully possesses one or more mixtures containing a
narcotic drug, it is packaged in dosage units, and equals 50 or
more dosage units;
(4) on one or more occasions within a 90-day period the
person unlawfully possesses any amount of a schedule I or II
narcotic drug or five or more dosage units of lysergic acid
diethylamide (LSD) in a school zone, a park zone, or a public
housing zone, or a drug treatment facility;
(5) on one or more occasions within a 90-day period the
person unlawfully possesses one or more mixtures of a total
weight of ten kilograms or more containing marijuana or
Tetrahydrocannabinols; or
(6) the person unlawfully possesses one or more mixtures
containing methamphetamine or amphetamine in a school zone, a
park zone, or a public housing zone, or a drug treatment
facility.
Sec. 11. Minnesota Statutes 1996, section 152.023,
subdivision 3, is amended to read:
Subd. 3. [PENALTY.] (a) A person convicted under
subdivision 1 or 2 may be sentenced to imprisonment for not more
than 20 years or to payment of a fine of not more than $250,000,
or both.
(b) If the conviction is a subsequent controlled substance
conviction, a person convicted under subdivision 1 or 2 shall be
committed to the commissioner of corrections for not less than
two years nor more than 30 years and, in addition, may be
sentenced to payment of a fine of not more than $250,000.
(c) In a prosecution under subdivision 1 or 2 involving
sales or acts of possession by the same person in two or more
counties within a 90-day period, the person may be prosecuted in
any county in which one of the sales or acts of possession
occurred.
Sec. 12. Minnesota Statutes 1996, section 152.024,
subdivision 1, is amended to read:
Subdivision 1. [SALE CRIMES.] A person is guilty of
controlled substance crime in the fourth degree if:
(1) the person unlawfully sells one or more mixtures
containing a controlled substance classified in schedule I, II,
or III, except marijuana or Tetrahydrocannabinols;
(2) the person unlawfully sells one or more mixtures
containing a controlled substance classified in schedule IV or V
to a person under the age of 18;
(3) the person conspires with or employs a person under the
age of 18 to unlawfully sell a controlled substance classified
in schedule IV or V; or
(4) the person unlawfully sells any amount of marijuana or
Tetrahydrocannabinols in a school zone, a park zone, or a public
housing zone, or a drug treatment facility, except a small
amount for no remuneration.
Sec. 13. Minnesota Statutes 1996, section 152.029, is
amended to read:
152.029 [PUBLIC INFORMATION: SCHOOL ZONES, PARK ZONES, AND
PUBLIC HOUSING ZONES, AND DRUG TREATMENT FACILITIES.]
The attorney general shall disseminate information to the
public relating to the penalties for committing controlled
substance crimes in park zones, school zones, and public housing
zones, and drug treatment facilities. The attorney general
shall draft a plain language version of sections 152.022 and
152.023 and relevant provisions of the sentencing guidelines,
that describes in a clear and coherent manner using words with
common and everyday meanings the content of those provisions.
The attorney general shall publicize and disseminate the plain
language version as widely as practicable, including
distributing the version to school boards, local governments,
and administrators and occupants of drug treatment facilities
and public housing.
Sec. 14. [EXTENSION OF EXPIRATION DATE.]
Notwithstanding Minnesota Statutes, section 15.059, the
advisory council on drug abuse resistance education expires on
June 30, 2001.
Sec. 15. [EFFECTIVE DATE.]
Section 4 is effective August 1, 1998, and applies to acts
committed on or after that date. Sections 1 to 3 and 5 to 13
are effective August 1, 1997, and apply to acts committed on or
after that date. Section 14 is effective the day following
final enactment.
ARTICLE 5
SEX OFFENDERS
Section 1. Minnesota Statutes 1996, section 243.166,
subdivision 2, is amended to read:
Subd. 2. [NOTICE.] When a person who is required to
register under subdivision 1, paragraph (a), is sentenced or
becomes subject to a juvenile court disposition order, the court
shall tell the person of the duty to register under this
section. The court shall require the person to read and sign a
form stating that the duty of the person to register under this
section has been explained. If a person required to register
under subdivision 1, paragraph (a), was not notified by the
court of the registration requirement at the time of sentencing
or disposition, the assigned corrections agent shall notify the
person of the requirements of this section. When a person who
is required to register under subdivision 1, paragraph (c), is
released from commitment, the treatment facility shall notify
the person of the requirements of this section. The treatment
facility shall also obtain the registration information required
under this section and forward it to the bureau of criminal
apprehension.
Sec. 2. Minnesota Statutes 1996, section 243.166,
subdivision 3, is amended to read:
Subd. 3. [REGISTRATION PROCEDURE.] (a) A person required
to register under this section shall register with the
corrections agent as soon as the agent is assigned to the
person. If the person does not have an assigned corrections
agent or is unable to locate the assigned corrections agent, the
person shall register with the law enforcement agency that has
jurisdiction in the area of the person's residence.
(b) At least five days before the person changes residence
starts living at a new address, including changing residence to
living in another state, the person shall give written notice of
the address of the new residence new living address to the
assigned corrections agent or to the law enforcement authority
with which the person currently is registered. An offender is
deemed to change residence when the offender remains at a new
address for longer than three days and evinces an intent to take
up residence there. If the person will be living in a new state
and that state has a registration requirement, the person shall
also give written notice of the new address to the designated
registration agency in the new state. The corrections agent or
law enforcement authority shall, within two business days after
receipt of this information, forward it to the bureau of
criminal apprehension. The bureau of criminal apprehension
shall, if it has not already been done, notify the law
enforcement authority having primary jurisdiction in the
community where the person will live of the new address. If the
person is leaving the state, the bureau of criminal apprehension
shall notify the registration authority in the new state of the
new address.
Sec. 3. Minnesota Statutes 1996, section 243.166,
subdivision 4, is amended to read:
Subd. 4. [CONTENTS OF REGISTRATION.] (a) The registration
provided to the corrections agent or law enforcement authority,
must consist of a statement in writing signed by the person,
giving information required by the bureau of criminal
apprehension, a fingerprint card, and photograph of the person
taken at the time of the person's release from incarceration or,
if the person was not incarcerated, at the time the person
initially registered under this section.
(b) Within three days, the corrections agent or law
enforcement authority shall forward the statement, fingerprint
card, and photograph to the bureau of criminal apprehension.
The bureau shall ascertain whether the person has registered
with the law enforcement authority where the person resides. If
the person has not registered with the law enforcement
authority, the bureau shall send one copy to that authority.
(c) During the period a person is required to register
under this section, the following shall apply:
(1) Each year, within 30 days of the anniversary date of
the person's initial registration, the bureau of criminal
apprehension shall mail a verification form to the last reported
address of the person.
(2) The person shall mail the signed verification form back
to the bureau of criminal apprehension within ten days after
receipt of the form, stating on the form the current and last
address of the person.
(3) If the person fails to mail the completed and signed
verification form to the bureau of criminal apprehension within
ten days after receipt of the form, the person shall be in
violation of this section.
Sec. 4. Minnesota Statutes 1996, section 244.052,
subdivision 3, is amended to read:
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 and to
defend the committee's risk assessment determination upon
administrative review 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.
Sec. 5. Minnesota Statutes 1996, section 244.052,
subdivision 4, is amended to read:
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 shall disclose
information to the public any information regarding the offender
contained in the report forwarded to the agency under
subdivision 3, paragraph (f), 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: for the purpose of securing those institutions and
protecting individuals in their care while they are on or near
the premises of the institution. These agencies and groups
include the staff members of public and private educational
institutions;, day care establishments;, and establishments and
organizations that primarily serve individuals likely to be
victimized by the offender. The agency also may disclose the
information to individuals the agency believes are likely to be
victimized by the offender. The agency's belief shall be based
on the offender's pattern of offending or victim preference as
documented in the information provided by the department of
corrections or human services;
(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, commissioner of corrections or the
commissioner of human services within 48 hours after finalizing
the offender's approved relocation plan to a permanent
residence. Within five days after receiving this notification,
the appropriate commissioner shall give to the appropriate law
enforcement agency all relevant information the commissioner has
concerning the offender, including information on the risk
factors in the offender's history and the risk level to which
the offender was assigned. After receiving this information,
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 not disclose the identity of the victim
or victims of or witnesses to the offender's offense offenses.
(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.
Sec. 6. Minnesota Statutes 1996, section 244.052,
subdivision 5, is amended to read:
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 give to the
appropriate law enforcement agency that investigated the
offender's crime of conviction or, where relevant, the law
enforcement agency having primary jurisdiction where the
offender was committed, all relevant information that the
departments have concerning the offender, including information
on risk factors in the offender's history. Within five days
after receiving the offender's approved release plan from the
office of adult release, the appropriate department shall give
to the law enforcement agency having primary jurisdiction where
the offender plans to reside all relevant information the
department has concerning the offender, including information on
risk factors in the offender's history and the risk level to
which the offender was assigned.
Sec. 7. Minnesota Statutes 1996, section 244.052,
subdivision 6, is amended to read:
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: (1)
the offender,; (2) the victim or victims of the offender's
offense who have requested disclosure or their designee,; (3)
the law enforcement agency, that investigated the offender's
crime of conviction or, where relevant, the law enforcement
agency having primary jurisdiction where the offender was
committed; (4) the law enforcement agency having jurisdiction
where the offender expects to reside, providing that the release
plan has been approved by the office of adult release of the
department of corrections; (5) and any other individuals the
chair may select, of. The notice shall state 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, unless the administrative law judge orders
otherwise for good cause shown.
(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 review hearing shall be conducted
at the correctional facility in which the offender is currently
confined. If the offender no longer is incarcerated, the
administrative law judge shall determine the place where the
review hearing will be conducted. 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.
(e) The administrative law judge may seal any portion of
the record of the administrative review hearing to the extent
necessary to protect the identity of a victim of or witness to
the offender's offense.
Sec. 8. Minnesota Statutes 1996, section 609.135, is
amended by adding a subdivision to read:
Subd. 1c. [FAILURE TO COMPLETE COURT-ORDERED
TREATMENT.] If the court orders a defendant to undergo treatment
as a condition of probation and if the defendant fails to
successfully complete treatment at least 60 days before the term
of probation expires, the prosecutor or the defendant's
probation officer may ask the court to hold a hearing to
determine whether the conditions of probation should be changed
or probation should be revoked. The court shall schedule and
hold this hearing and take appropriate action, including action
under subdivision 2, paragraph (h), before the defendant's term
of probation expires.
Sec. 9. Minnesota Statutes 1996, section 609.135,
subdivision 2, is amended to read:
Subd. 2. (a) If the conviction is for a felony the stay
shall be for not more than four years or the maximum period for
which the sentence of imprisonment might have been imposed,
whichever is longer.
(b) If the conviction is for a gross misdemeanor violation
of section 169.121 or 169.129, the stay shall be for not more
than four years. The court shall provide for unsupervised
probation for the last one year of the stay unless the court
finds that the defendant needs supervised probation for all or
part of the last one year.
(c) If the conviction is for a gross misdemeanor not
specified in paragraph (b), the stay shall be for not more than
two years.
(d) If the conviction is for any misdemeanor under section
169.121; 609.746, subdivision 1; 609.79; or 617.23; or for a
misdemeanor under section 609.2242 or 609.224, subdivision 1, in
which the victim of the crime was a family or household member
as defined in section 518B.01, the stay shall be for not more
than two years. The court shall provide for unsupervised
probation for the second year of the stay unless the court finds
that the defendant needs supervised probation for all or part of
the second year.
(e) If the conviction is for a misdemeanor not specified in
paragraph (d), the stay shall be for not more than one year.
(f) The defendant shall be discharged six months after the
term of the stay expires, unless the stay has been revoked or
extended under paragraph (g) or (h), or the defendant has
already been discharged.
(g) Notwithstanding the maximum periods specified for stays
of sentences under paragraphs (a) to (f), a court may extend a
defendant's term of probation for up to one year if it finds, at
a hearing conducted under subdivision 1a, that:
(1) the defendant has not paid court-ordered restitution or
a fine in accordance with the payment schedule or structure; and
(2) the defendant is likely to not pay the restitution or
fine the defendant owes before the term of probation expires.
This one-year extension of probation for failure to pay
restitution or a fine may be extended by the court for up to one
additional year if the court finds, at another hearing conducted
under subdivision 1a, that the defendant still has not paid the
court-ordered restitution or fine that the defendant owes.
(h) Notwithstanding the maximum periods specified for stays
of sentences under paragraphs (a) to (f), a court may extend a
defendant's term of probation for up to three years if it finds,
at a hearing conducted under subdivision 1c, that:
(1) the defendant has failed to complete court-ordered
treatment successfully; and
(2) the defendant is likely not to complete court-ordered
treatment before the term of probation expires.
Sec. 10. Minnesota Statutes 1996, section 609.347,
subdivision 7, is amended to read:
Subd. 7. [EFFECT OF STATUTE ON RULES.] Rule 404, paragraph
(c) 412 of the Rules of Evidence is superseded to the extent of
its conflict with this section.
Sec. 11. Minnesota Statutes 1996, section 609.746,
subdivision 1, is amended to read:
Subdivision 1. [SURREPTITIOUS INTRUSION; OBSERVATION
DEVICE.] (a) A person is guilty of a misdemeanor who:
(1) enters upon another's property;
(2) surreptitiously gazes, stares, or peeps in the window
or any other aperture of a house or place of dwelling of
another; and
(3) does so with intent to intrude upon or interfere with
the privacy of a member of the household.
(b) A person is guilty of a misdemeanor who:
(1) enters upon another's property;
(2) surreptitiously installs or uses any device for
observing, photographing, recording, amplifying, or broadcasting
sounds or events through the window or any other aperture of a
house or place of dwelling of another; and
(3) does so with intent to intrude upon or interfere with
the privacy of a member of the household.
(c) A person is guilty of a misdemeanor who:
(1) surreptitiously gazes, stares, or peeps in the window
or other aperture of a sleeping room in a hotel, as defined in
section 327.70, subdivision 3, a tanning booth, or other place
where a reasonable person would have an expectation of privacy
and has exposed or is likely to expose their intimate parts, as
defined in section 609.341, subdivision 5, or the clothing
covering the immediate area of the intimate parts; and
(2) does so with intent to intrude upon or interfere with
the privacy of the occupant.
(d) A person is guilty of a misdemeanor who:
(1) surreptitiously installs or uses any device for
observing, photographing, recording, amplifying, or broadcasting
sounds or events through the window or other aperture of a
sleeping room in a hotel, as defined in section 327.70,
subdivision 3, a tanning booth, or other place where a
reasonable person would have an expectation of privacy and has
exposed or is likely to expose their intimate parts, as defined
in section 609.341, subdivision 5, or the clothing covering the
immediate area of the intimate parts; and
(2) does so with intent to intrude upon or interfere with
the privacy of the occupant.
(e) A person is guilty of a gross misdemeanor if the person:
(1) violates this subdivision after a previous conviction
under this subdivision or section 609.749; or
(2) violates this subdivision against a minor under the age
of 16, knowing or having reason to know that the minor is
present.
(f) Paragraphs (b) and (d) do not apply to law enforcement
officers or corrections investigators, or to those acting under
their direction, while engaged in the performance of their
lawful duties. Paragraphs (c) and (d) do not apply to conduct
in: (1) a medical facility; or (2) a commercial establishment
if the owner of the establishment has posted conspicuous signs
warning that the premises are under surveillance by the owner or
the owner's employees.
Sec. 12. [COMMUNITY NOTIFICATION CONCERNING SEX OFFENDERS
CONFINED IN FEDERAL PRISONS; PLAN AND REPORT REQUIRED.]
Subdivision 1. [DEFINITIONS.] As used in this section:
(1) "community notification" means the public disclosure of
information about sex offenders by local law enforcement
agencies under Minnesota Statutes, section 244.052;
(2) "federal prison" means a correctional facility
administered by the federal Bureau of Prisons in which sex
offenders are or may be confined; and
(3) "sex offender" means a person who has been convicted of
a federal offense for which registration under Minnesota
Statutes, section 243.166, is required.
Subd. 2. [DEVELOPMENT OF PLAN.] The commissioner of
corrections shall collaborate with the federal Bureau of Prisons
and the chief executive officer of any federal prison located in
this state in developing a community notification plan
concerning sex offenders confined in federal prisons in
Minnesota who intend to reside in this state upon release. The
plan shall address the following matters:
(1) the membership and operation of the end-of-confinement
review committees that will operate in the federal prisons to
conduct risk assessments on sex offenders who intend to reside
in Minnesota upon release;
(2) the classification and use of data on sex offenders
that are collected or maintained by the committees;
(3) the procedures governing the sex offender's
participation in the committee's meetings;
(4) the process for a sex offender to seek review of the
committee's risk assessment determination; and
(5) any other matters deemed important by the commissioner
and the federal authorities.
Subd. 3. [REPORT TO LEGISLATURE.] On or before February 1,
1998, the commissioner of corrections shall file a report with
the chairs of the house judiciary committee and the senate crime
prevention committee. The report shall summarize the community
notification plan agreed to by the commissioner and the federal
Bureau of Prisons and shall specify the statutory changes needed
to accomplish that plan.
Sec. 13. [EFFECTIVE DATE.]
Sections 1 to 3 are effective August 1, 1997, and apply to
persons who are released from prison on or after that date, who
are under supervision as of that date, or who enter this state
on or after that date. Sections 4 to 7 are effective the day
following final enactment and apply to offenders sentenced or
released from confinement on or after that date. Sections 8, 9,
and 11 are effective August 1, 1997, and apply to crimes
committed on or after that date.
ARTICLE 6
CHILD PROTECTION PROVISIONS
Section 1. Minnesota Statutes 1996, section 256E.03,
subdivision 2, is amended to read:
Subd. 2. (a) "Community social services" means services
provided or arranged for by county boards to fulfill the
responsibilities prescribed in section 256E.08, subdivision 1,
to the following groups of persons:
(1) families with children under age 18, who are
experiencing child dependency, neglect or abuse, and also
pregnant adolescents, adolescent parents under the age of 18,
and their children, and other adolescents;
(2) persons, including adolescents, who are under the
guardianship of the commissioner of human services as dependent
and neglected wards;
(3) adults who are in need of protection and vulnerable as
defined in section 626.5572;
(4) persons age 60 and over who are experiencing difficulty
living independently and are unable to provide for their own
needs;
(5) emotionally disturbed children and adolescents,
chronically and acutely mentally ill persons who are unable to
provide for their own needs or to independently engage in
ordinary community activities;
(6) persons with mental retardation as defined in section
252A.02, subdivision 2, or with related conditions as defined in
section 252.27, subdivision 1a, who are unable to provide for
their own needs or to independently engage in ordinary community
activities;
(7) drug dependent and intoxicated persons, including
adolescents, as defined in section 254A.02, subdivisions 5 and
7, and persons, including adolescents, at risk of harm to self
or others due to the ingestion of alcohol or other drugs;
(8) parents whose income is at or below 70 percent of the
state median income and who are in need of child care services
in order to secure or retain employment or to obtain the
training or education necessary to secure employment; and
(9) children and adolescents involved in or at risk of
involvement with criminal activity; and
(10) other groups of persons who, in the judgment of the
county board, are in need of social services.
(b) Except as provided in section 256E.08, subdivision 5,
community social services do not include public assistance
programs known as aid to families with dependent children,
Minnesota supplemental aid, medical assistance, general
assistance, general assistance medical care, or community health
services authorized by sections 145A.09 to 145A.13.
Sec. 2. [257.069] [INFORMATION FOR CHILD PLACEMENT.]
Subdivision 1. [AGENCY WITH PLACEMENT AUTHORITY.] An
agency with legal responsibility for the placement of a child
may request and shall receive all information pertaining to the
child that it considers necessary to appropriately carry out its
duties. That information must include educational, medical,
psychological, psychiatric, and social or family history data
retained in any form by any individual or entity. The agency
may gather appropriate data regarding the child's parents in
order to develop and implement a case plan required by section
257.071. Upon request of the court responsible for overseeing
the provision of services to the child and family and for
implementing orders that are in the best interest of the child,
the responsible local social service agency or tribal social
service agency shall provide appropriate written or oral reports
from any individual or entity that has provided services to the
child or family. The reports must include the nature of the
services being provided the child or family; the reason for the
services; the nature, extent, and quality of the child's or
parent's participation in the services, where appropriate; and
recommendations for continued services, where appropriate. The
individual or entity shall report all observations and
information upon which it bases its report as well as its
conclusions. If necessary to facilitate the receipt of the
reports, the court may issue appropriate orders.
Subd. 2. [ACCESS TO SPECIFIC DATA.] A social service
agency responsible for the residential placement of a child
under this section and the residential facility in which the
child is placed shall have access to the following data on the
child:
(1) medical data under section 13.42;
(2) corrections and detention data under section 13.85;
(3) juvenile court data under section 260.161; and
(4) health records under section 144.335.
Sec. 3. Minnesota Statutes 1996, section 257.071, is
amended by adding a subdivision to read:
Subd. 1c. [NOTICE BEFORE VOLUNTARY PLACEMENT.] The local
social service agency shall inform a parent considering
voluntary placement of a child who is not developmentally
disabled or emotionally handicapped of the following:
(1) the parent and the child each has a right to separate
legal counsel before signing a voluntary placement agreement,
but not to counsel appointed at public expense;
(2) the parent is not required to agree to the voluntary
placement, and a parent who enters a voluntary placement
agreement may at any time request that the agency return the
child. If the parent so requests, the child must be returned
within 24 hours of the receipt of the request;
(3) evidence gathered during the time the child is
voluntarily placed may be used at a later time as the basis for
a petition alleging that the child is in need of protection or
services or as the basis for a petition seeking termination of
parental rights;
(4) if the local social service agency files a petition
alleging that the child is in need of protection or services or
a petition seeking the termination of parental rights, the
parent would have the right to appointment of separate legal
counsel and the child would have a right to the appointment of
counsel and a guardian ad litem as provided by law, and that
counsel will be appointed at public expense if they are unable
to afford counsel; and
(5) the timelines and procedures for review of voluntary
placements under subdivision 3, and the effect the time spent in
voluntary placement on the scheduling of a permanent placement
determination hearing under section 260.191, subdivision 3b.
Sec. 4. Minnesota Statutes 1996, section 257.071, is
amended by adding a subdivision to read:
Subd. 1d. [RELATIVE SEARCH; NATURE.] (a) Within six months
after a child is initially placed in a residential facility, the
local social service agency shall identify any relatives of the
child and notify them of the possibility of a permanent
out-of-home placement of the child, and that a decision not to
be a placement resource at the beginning of the case may affect
the relative's right to have the child placed with that relative
later. The relatives must be notified that they must keep the
local social service agency informed of their current address in
order to receive notice of any permanent placement hearing. A
relative who fails to provide a current address to the local
social service agency forfeits the right to notice of permanent
placement.
(b) When the agency determines that it is necessary to
prepare for the permanent placement determination hearing, or in
anticipation of filing a termination of parental rights
petition, the agency shall send notice to the relatives, any
adult with whom the child is currently residing, any adult with
whom the child has resided for one year or longer in the past,
and any adults who have maintained a relationship or exercised
visitation with the child as identified in the agency case
plan. The notice must state that a permanent home is sought for
the child and that the individuals receiving the notice may
indicate to the agency their interest in providing a permanent
home. The notice must contain an advisory that if the relative
chooses not to be a placement resource at the beginning of the
case, this may affect the relative's rights to have the child
placed with that relative permanently later on.
Sec. 5. Minnesota Statutes 1996, section 257.071, is
amended by adding a subdivision to read:
Subd. 1e. [CHANGE IN PLACEMENT.] If a child is removed
from a permanent placement disposition authorized under section
260.191, subdivision 3b, within one year after the placement was
made:
(1) the child must be returned to the residential facility
where the child was placed immediately preceding the permanent
placement; or
(2) the court shall hold a hearing within ten days after
the child is taken into custody to determine where the child is
to be placed. A guardian ad litem must be appointed for the
child for this hearing.
Sec. 6. Minnesota Statutes 1996, section 257.071,
subdivision 3, is amended to read:
Subd. 3. [REVIEW OF VOLUNTARY PLACEMENTS.] Except as
provided in subdivision 4, if the child has been placed in a
residential facility pursuant to a voluntary release by the
parent or parents, and is not returned home within six months 90
days after initial placement in the residential facility, the
social service agency responsible for the placement shall:
(1) return the child to the home of the parent or parents;
or
(2) file an appropriate a petition pursuant to section
260.131 or 260.231 to extend the placement for 90 days.
The case plan must be updated when a petition is filed and
must include a specific plan for permanency.
If the court approves the extension, at the end of the
second 90-day period, the child must be returned to the parent's
home, unless a petition is filed for a child in need of
protection or services.
Sec. 7. Minnesota Statutes 1996, section 257.071,
subdivision 4, is amended to read:
Subd. 4. [REVIEW OF DEVELOPMENTALLY DISABLED AND
EMOTIONALLY HANDICAPPED CHILD PLACEMENTS.] If a developmentally
disabled child, as that term is defined in United States Code,
title 42, section 6001 (7), as amended through December 31,
1979, or a child diagnosed with an emotional handicap as defined
in section 252.27, subdivision 1a, has been placed in a
residential facility pursuant to a voluntary release by the
child's parent or parents because of the child's handicapping
conditions or need for long-term residential treatment or
supervision, the social service agency responsible for the
placement shall bring a petition for review of the child's
foster care status, pursuant to section 260.131, subdivision 1a,
rather than a petition as required by subdivision 3, clause
(b) section 260.191, subdivision 3b, after the child has been in
foster care for 18 six months or, in the case of a child with an
emotional handicap, after the child has been in a residential
facility for six months. Whenever a petition for review is
brought pursuant to this subdivision, a guardian ad litem shall
be appointed for the child.
Sec. 8. Minnesota Statutes 1996, section 257.072,
subdivision 1, is amended to read:
Subdivision 1. [RECRUITMENT OF FOSTER FAMILIES.] Each
authorized child-placing agency shall make special efforts to
recruit a foster family from among the child's relatives, except
as authorized in section 260.181, subdivision 3. Each agency
shall provide for diligent recruitment of potential foster
families that reflect the ethnic and racial diversity of the
children in the state for whom foster homes are needed. Special
efforts include contacting and working with community
organizations and religious organizations and may include
contracting with these organizations, utilizing local media and
other local resources, conducting outreach activities, and
increasing the number of minority recruitment staff employed by
the agency. The requirement of special efforts to locate
relatives in this section is satisfied if on the earlier of the
following occasions:
(1) when the child is placed with a relative who is
interested in providing a permanent placement for the child; or
(2) when the responsible child-placing agency has made
appropriate special efforts for six months following the child's
placement in a residential facility and the court approves the
agency's efforts pursuant to section 260.191, subdivision 3a.
The agency may accept any gifts, grants, offers of services, and
other contributions to use in making special recruitment efforts.
Sec. 9. Minnesota Statutes 1996, section 259.41, is
amended to read:
259.41 [ADOPTION STUDY.]
An adoption study and written report must be completed
before the child is placed in a prospective adoptive home under
this chapter and the study must be completed and filed with the
court at the time the adoption petition is filed. In a direct
adoptive placement, the report must be filed with the court in
support of a motion for temporary preadoptive custody under
section 259.47, subdivision 3. The study and report shall be
completed by a licensed child-placing agency and must be
thorough and comprehensive. The study and report shall be paid
for by the prospective adoptive parent, except as otherwise
required under section 259.67 or 259.73.
A stepparent adoption is not subject to this section.
In the case of a licensed foster parent seeking to adopt a
child who is in the foster parent's care, any portions of the
foster care licensing process that duplicate requirements of the
home study may be submitted in satisfaction of the relevant
requirements of this section.
At a minimum, the study must include the following about
the prospective adoptive parent:
(1) a check of criminal conviction data, data on
substantiated maltreatment of a child under section 626.556, and
domestic violence data of each person over the age of 13 living
in the home. The prospective adoptive parents, the bureau of
criminal apprehension, and other state, county, and local
agencies, after written notice to the subject of the study,
shall give the agency completing the adoption study
substantiated criminal conviction data and reports about
maltreatment of minors and vulnerable adults and domestic
violence. The adoption study must also include a check of the
juvenile court records of each person over the age of 13 living
in the home. Notwithstanding provisions of section 260.161 to
the contrary, the juvenile court shall release the requested
information to the agency completing the adoption study. The
study must include an evaluation of the effect of a conviction
or finding of substantiated maltreatment on the ability to care
for a child;
(2) medical and social history and current health;
(3) assessment of potential parenting skills;
(4) ability to provide adequate financial support for a
child; and
(5) the level of knowledge and awareness of adoption issues
including where appropriate matters relating to interracial,
cross-cultural, and special needs adoptions.
The adoption study must include at least one in-home visit
with the prospective adoptive parent. The adoption study is the
basis for completion of a written report. The report must be in
a format specified by the commissioner and must contain
recommendations regarding the suitability of the subject of the
study to be an adoptive parent. An adoption study report is
valid for 12 months following its date of completion.
A prospective adoptive parent seeking a study under this
section must authorize access by the agency to any private data
needed to complete the study, must disclose any names used
previously other than the name used at the time of the study,
and must provide a set of fingerprints, which shall be forwarded
to the bureau of criminal apprehension to facilitate the
criminal conviction background check required under clause (1).
Sec. 10. Laws 1997, chapter 112, section 3, is amended to
read:
Sec. 3. [259.58] [COMMUNICATION OR CONTACT AGREEMENTS.]
If an adoptee has resided with a birth relative before
being adopted, adoptive parents and that relative may enter an
agreement under this section regarding communication with or
contact between a minor adoptee, adoptive parents, and a birth
relative. Adoptive parents and a birth relative may enter an
agreement regarding communication with or contact between an
adopted minor, adoptive parents, and a birth relative under this
section. An agreement may be entered between:
(1) adoptive parents and a birth relative with whom the
child resided before being adopted; or
(2) adoptive parents and any other birth relative if the
child is adopted by a birth relative upon the death of both
birth parents.
For purposes of this section, "birth relative" means a
parent, stepparent, grandparent, brother, sister, uncle, or aunt
of a minor adoptee. This relationship may be by blood or
marriage. For an Indian child, birth relative includes members
of the extended family as defined by the law or custom of the
Indian child's tribe or, in the absence of laws or custom,
nieces, nephews, or first or second cousins, as provided in the
Indian Child Welfare Act, United States Code, title 25, section
1903.
(a) An agreement regarding communication with or contact
between minor adoptees, adoptive parents, and a birth relative
is not legally enforceable unless the terms of the agreement are
contained in a written court order entered in accordance with
this section. An order must be sought at the same time a
petition for adoption is filed. The court shall not enter a
proposed order unless the terms of the order have been approved
in writing by the prospective adoptive parents, a birth relative
who desires to be a party to the agreement, and, if the child is
in the custody of or under the guardianship of an agency, a
representative of the agency. An agreement under this section
need not disclose the identity of the parties to be legally
enforceable. The court shall not enter a proposed order unless
the court finds that the communication or contact between the
minor adoptee, the adoptive parents, and a birth relative as
agreed upon and contained in the proposed order would be in the
minor adoptee's best interests.
(b) Failure to comply with the terms of an agreed order
regarding communication or contact that has been entered by the
court under this section is not grounds for:
(1) setting aside an adoption decree; or
(2) revocation of a written consent to an adoption after
that consent has become irrevocable.
(c) An agreed order entered under this section may be
enforced by filing a petition or motion with the family court
that includes a certified copy of the order granting the
communication, contact, or visitation, but only if the petition
or motion is accompanied by an affidavit that the parties have
mediated or attempted to mediate any dispute under the agreement
or that the parties agree to a proposed modification. The
prevailing party may be awarded reasonable attorney's fees and
costs. The court shall not modify an agreed order under this
section unless it finds that the modification is necessary to
serve the best interests of the minor adoptee, and:
(1) the modification is agreed to by the adoptive parent
and the birth parent or parents relative; or
(2) exceptional circumstances have arisen since the agreed
order was entered that justify modification of the order.
Sec. 11. Minnesota Statutes 1996, section 259.59, is
amended by adding a subdivision to read:
Subd. 3. [COMMUNICATION OR CONTACT AGREEMENTS.] This
section does not prohibit birth parents and adoptive parents
from entering a communication or contact agreement under section
259.58.
Sec. 12. Minnesota Statutes 1996, section 259.67,
subdivision 2, is amended to read:
Subd. 2. [ADOPTION ASSISTANCE AGREEMENT.] The placing
agency shall certify a child as eligible for adoption assistance
according to rules promulgated by the commissioner. When Not
later than 30 days after a parent or parents are found and
approved for adoptive placement of a child certified as eligible
for adoption assistance, and before the final decree of adoption
is issued, a written agreement must be entered into by the
commissioner, the adoptive parent or parents, and the placing
agency. The written agreement must be in the form prescribed by
the commissioner and must set forth the responsibilities of all
parties, the anticipated duration of the adoption assistance
payments, and the payment terms. The adoption assistance
agreement shall be subject to the commissioner's approval, which
must be granted or denied not later than 15 days after the
agreement is entered.
The amount of adoption assistance is subject to the
availability of state and federal funds and shall be determined
through agreement with the adoptive parents. The agreement
shall take into consideration the circumstances of the adopting
parent or parents, the needs of the child being adopted and may
provide ongoing monthly assistance, supplemental maintenance
expenses related to the adopted person's special needs,
nonmedical expenses periodically necessary for purchase of
services, items, or equipment related to the special needs, and
medical expenses. The placing agency or the adoptive parent or
parents shall provide written documentation to support the need
for adoption assistance payments. The commissioner may require
periodic reevaluation of adoption assistance payments. The
amount of ongoing monthly adoption assistance granted may in no
case exceed that which would be allowable for the child under
foster family care and is subject to the availability of state
and federal funds.
Sec. 13. Minnesota Statutes 1996, section 260.012, is
amended to read:
260.012 [DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY
REUNIFICATION; REASONABLE EFFORTS.]
(a) If a child in need of protection or services is under
the court's jurisdiction, the court shall ensure that reasonable
efforts including culturally appropriate services by the social
service agency are made to prevent placement or to eliminate the
need for removal and to reunite the child with the child's
family at the earliest possible time, consistent with the best
interests, safety, and protection of the child. The court may,
upon motion and hearing, order the cessation of reasonable
efforts if the court finds that provision of services or further
services for the purpose of rehabilitation and reunification is
futile and therefore unreasonable under the circumstances. In
the case of an Indian child, in proceedings under sections
260.172, 260.191, and 260.221 the juvenile court must make
findings and conclusions consistent with the Indian Child
Welfare Act of 1978, United States Code, title 25, section 1901
et seq., as to the provision of active efforts. If a child is
under the court's delinquency jurisdiction, it shall be the duty
of the court to ensure that reasonable efforts are made to
reunite the child with the child's family at the earliest
possible time, consistent with the best interests of the child
and the safety of the public.
(b) "Reasonable efforts" means the exercise of due
diligence by the responsible social service agency to use
appropriate and available services to meet the needs of the
child and the child's family in order to prevent removal of the
child from the child's family; or upon removal, services to
eliminate the need for removal and reunite the family. Services
may include those listed under section 256F.07, subdivision 3,
and other appropriate services available in the community. The
social service agency has the burden of demonstrating that it
has made reasonable efforts. or that provision of services or
further services for the purpose of rehabilitation and
reunification is futile and therefore unreasonable under the
circumstances. Reunification of a surviving child with a parent
is not required if the parent has been convicted of:
(1) a violation of, or an attempt or conspiracy to commit a
violation of, sections 609.185 to 609.20; 609.222, subdivision
2; or 609.223 in regard to another child of the parent;
(2) a violation of section 609.222, subdivision 2; or
609.223, in regard to the surviving child; or
(3) a violation of, or an attempt or conspiracy to commit a
violation of, United States Code, title 18, section 1111(a) or
1112(a), in regard to another child of the parent.
(c) The juvenile court, in proceedings under sections
260.172, 260.191, and 260.221 shall make findings and
conclusions as to the provision of reasonable efforts. When
determining whether reasonable efforts have been made, the court
shall consider whether services to the child and family were:
(1) relevant to the safety and protection of the child;
(2) adequate to meet the needs of the child and family;
(3) culturally appropriate;
(4) available and accessible;
(5) consistent and timely; and
(6) realistic under the circumstances.
In the alternative, the court may determine that provision
of services or further services for the purpose of
rehabilitation is futile and therefore unreasonable under the
circumstances.
(d) This section does not prevent out-of-home placement for
treatment of a child with a mental disability when the child's
diagnostic assessment or individual treatment plan indicates
that appropriate and necessary treatment cannot be effectively
provided outside of a residential or inpatient treatment program.
Sec. 14. Minnesota Statutes 1996, section 260.015,
subdivision 2a, is amended to read:
Subd. 2a. [CHILD IN NEED OF PROTECTION OR SERVICES.]
"Child in need of protection or services" means a child who is
in need of protection or services because the child:
(1) is abandoned or without parent, guardian, or custodian;
(2)(i) has been a victim of physical or sexual abuse, or
(ii) resides with or has resided with a victim of domestic child
abuse as defined in subdivision 24, (iii) resides with or would
reside with a perpetrator of domestic child abuse or child abuse
as defined in subdivision 28, or (iv) is a victim of emotional
maltreatment as defined in subdivision 5a;
(3) is without necessary food, clothing, shelter,
education, or other required care for the child's physical or
mental health or morals because the child's parent, guardian, or
custodian is unable or unwilling to provide that care;
(4) is without the special care made necessary by a
physical, mental, or emotional condition because the child's
parent, guardian, or custodian is unable or unwilling to provide
that care;
(5) is medically neglected, which includes, but is not
limited to, the withholding of medically indicated treatment
from a disabled infant with a life-threatening condition. The
term "withholding of medically indicated treatment" means the
failure to respond to the infant's life-threatening conditions
by providing treatment, including appropriate nutrition,
hydration, and medication which, in the treating physician's or
physicians' reasonable medical judgment, will be most likely to
be effective in ameliorating or correcting all conditions,
except that the term does not include the failure to provide
treatment other than appropriate nutrition, hydration, or
medication to an infant when, in the treating physician's or
physicians' reasonable medical judgment:
(i) the infant is chronically and irreversibly comatose;
(ii) the provision of the treatment would merely prolong
dying, not be effective in ameliorating or correcting all of the
infant's life-threatening conditions, or otherwise be futile in
terms of the survival of the infant; or
(iii) the provision of the treatment would be virtually
futile in terms of the survival of the infant and the treatment
itself under the circumstances would be inhumane;
(6) is one whose parent, guardian, or other custodian for
good cause desires to be relieved of the child's care and
custody;
(7) has been placed for adoption or care in violation of
law;
(8) is without proper parental care because of the
emotional, mental, or physical disability, or state of
immaturity of the child's parent, guardian, or other custodian;
(9) is one whose behavior, condition, or environment is
such as to be injurious or dangerous to the child or others. An
injurious or dangerous environment may include, but is not
limited to, the exposure of a child to criminal activity in the
child's home;
(10) has committed a delinquent act before becoming ten
years old;
(11) is a runaway;
(12) is an habitual truant; or
(13) has been found incompetent to proceed or has been
found not guilty by reason of mental illness or mental
deficiency in connection with a delinquency proceeding, a
certification under section 260.125, an extended jurisdiction
juvenile prosecution, or a proceeding involving a juvenile petty
offense; or
(14) is one whose custodial parent's parental rights to
another child have been involuntarily terminated within the past
five years.
Sec. 15. Minnesota Statutes 1996, section 260.015,
subdivision 29, is amended to read:
Subd. 29. [EGREGIOUS HARM.] "Egregious harm" means the
infliction of bodily harm to a child or neglect of a child which
demonstrates a grossly inadequate ability to provide minimally
adequate parental care. The egregious harm need not have
occurred in the state or in the county where a termination of
parental rights action is otherwise properly venued. Egregious
harm includes, but is not limited to:
(1) conduct towards a child that constitutes a violation of
sections 609.185 to 609.21, 609.222, subdivision 2, 609.223, or
any other similar law of the United States or any other state;
(2) the infliction of "substantial bodily harm" to a child,
as defined in section 609.02, subdivision 8;
(3) conduct towards a child that constitutes felony
malicious punishment of a child under section 609.377;
(4) conduct towards a child that constitutes felony
unreasonable restraint of a child under section 609.255,
subdivision 3;
(5) conduct towards a child that constitutes felony neglect
or endangerment of a child under section 609.378;
(6) conduct towards a child that constitutes assault under
section 609.221, 609.222, or 609.223;
(7) conduct towards a child that constitutes solicitation,
inducement, or promotion of prostitution under section 609.322;
or
(8) conduct towards a child that constitutes receiving
profit derived from prostitution under section 609.323; or
(9) conduct toward a child that constitutes a violation of
United States Code, title 18, section 1111(a) or 1112(a).
Sec. 16. Minnesota Statutes 1996, section 260.131,
subdivision 1, is amended to read:
Subdivision 1. [WHO MAY FILE; REQUIRED FORM.] (a) Any
reputable person, including but not limited to any agent of the
commissioner of human services, having knowledge of a child in
this state or of a child who is a resident of this state, who
appears to be delinquent, in need of protection or services, or
neglected and in foster care, may petition the juvenile court in
the manner provided in this section.
(b) A petition for a child in need of protection filed by
an individual who is not a county attorney or an agent of the
commissioner of human services shall be filed on a form
developed by the state court administrator and provided to court
administrators. Copies of the form may be obtained from the
court administrator in each county. The court administrator
shall review the petition before it is filed to determine that
it is completed. The court administrator may reject the
petition if it does not indicate that the petitioner has
contacted the local social service agency.
An individual may file a petition under this subdivision
without seeking internal review of the local social service
agency's decision. The court shall determine whether there is
probable cause to believe that a need for protection or services
exists before the matter is set for hearing. If the matter is
set for hearing, the court administrator shall notify the local
social service agency by sending notice to the county attorney.
The petition must contain:
(1) a statement of facts that would establish, if proven,
that there is a need for protection or services for the child
named in the petition;
(2) a statement that petitioner has reported the
circumstances underlying the petition to the local social
service agency, and protection or services were not provided to
the child;
(3) a statement whether there are existing juvenile or
family court custody orders or pending proceedings in juvenile
or family court concerning the child; and
(4) a statement of the relationship of the petitioner to
the child and any other parties.
The court may not allow a petition to proceed under this
paragraph if it appears that the sole purpose of the petition is
to modify custody between the parents.
Sec. 17. Minnesota Statutes 1996, section 260.131,
subdivision 2, is amended to read:
Subd. 2. The petition shall be verified by the person
having knowledge of the facts and may be on information and
belief. Unless otherwise provided by this section or by rule or
order of the court, the county attorney shall draft the petition
upon the showing of reasonable grounds to support the petition.
Sec. 18. Minnesota Statutes 1996, section 260.155,
subdivision 1a, is amended to read:
Subd. 1a. [RIGHT TO PARTICIPATE IN PROCEEDINGS.] A child
who is the subject of a petition, and the parents, guardian, or
lawful legal custodian of the child have the right to
participate in all proceedings on a petition. Official tribal
representatives have the right to participate in any proceeding
that is subject to the Indian Child Welfare Act of 1978, United
States Code, title 25, sections 1901 to 1963.
Any grandparent of the child has a right to participate in
the proceedings to the same extent as a parent, if the child has
lived with the grandparent within the two years preceding the
filing of the petition. At the first hearing following the
filing of a petition, the court shall ask whether the child has
lived with a grandparent within the last two years, except that
the court need not make this inquiry if the petition states that
the child did not live with a grandparent during this time
period. Failure to notify a grandparent of the proceedings is
not a jurisdictional defect.
If, in a proceeding involving a child in need of protection
or services, the local social service agency recommends transfer
of permanent legal and physical custody to a relative, the
relative has a right to participate as a party, and thereafter
shall receive notice of any hearing in the proceedings.
Sec. 19. Minnesota Statutes 1996, 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. 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.
(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 appropriate, except a juvenile petty
offender who does not have the right to counsel under paragraph
(a).
(d) Counsel for the child shall not also act as the child's
guardian ad litem.
(e) In any proceeding where the subject of a petition for a
child in need of protection or services is not represented by an
attorney, the court shall determine the child's preferences
regarding the proceedings, if the child is of suitable age to
express a preference.
Sec. 20. Minnesota Statutes 1996, section 260.155,
subdivision 3, is amended to read:
Subd. 3. [COUNTY ATTORNEY.] Except in adoption
proceedings, the county attorney shall present the evidence upon
request of the court. In representing the agency, the county
attorney shall also have the responsibility for advancing the
public interest in the welfare of the child.
Sec. 21. Minnesota Statutes 1996, section 260.155,
subdivision 4, is amended to read:
Subd. 4. [GUARDIAN AD LITEM.] (a) The court shall appoint
a guardian ad litem to protect the interests of the minor when
it appears, at any stage of the proceedings, that the minor is
without a parent or guardian, or that the minor's parent is a
minor or incompetent, or that the parent or guardian is
indifferent or hostile to the minor's interests, and in every
proceeding alleging a child's need for protection or services
under section 260.015, subdivision 2a, clauses (1) to (10). In
any other case the court may appoint a guardian ad litem to
protect the interests of the minor when the court feels that
such an appointment is desirable. The court shall appoint the
guardian ad litem on its own motion or in the manner provided
for the appointment of a guardian ad litem in the district
court. The court may appoint separate counsel for the guardian
ad litem if necessary.
(b) A guardian ad litem shall carry out the following
responsibilities:
(1) conduct an independent investigation to determine the
facts relevant to the situation of the child and the family,
which must include, unless specifically excluded by the court,
reviewing relevant documents; meeting with and observing the
child in the home setting and considering the child's wishes, as
appropriate; and interviewing parents, caregivers, and others
with knowledge relevant to the case;
(2) advocate for the child's best interests by
participating in appropriate aspects of the case and advocating
for appropriate community services when necessary;
(3) maintain the confidentiality of information related to
a case, with the exception of sharing information as permitted
by law to promote cooperative solutions that are in the best
interests of the child;
(4) monitor the child's best interests throughout the
judicial proceeding; and
(5) present written reports on the child's best interests
that include conclusions and recommendations and the facts upon
which they are based.
(c) The court may waive the appointment of a guardian ad
litem pursuant to clause (a), whenever counsel has been
appointed pursuant to subdivision 2 or is retained otherwise,
and the court is satisfied that the interests of the minor are
protected.
(d) In appointing a guardian ad litem pursuant to clause
(a), the court shall not appoint the party, or any agent or
employee thereof, filing a petition pursuant to section 260.131.
(e) The following factors shall be considered when
appointing a guardian ad litem in a case involving an Indian or
minority child:
(1) whether a person is available who is the same racial or
ethnic heritage as the child or, if that is not possible;
(2) whether a person is available who knows and appreciates
the child's racial or ethnic heritage.
Sec. 22. Minnesota Statutes 1996, section 260.155,
subdivision 8, is amended to read:
Subd. 8. [WAIVER.] (a) Waiver of any right which a child
has under this chapter must be an express waiver voluntarily and
intelligently made by the child after the child has been fully
and effectively informed of the right being waived. If a child
is under 12 years of age, the child's parent, guardian or
custodian shall give any waiver or offer any objection
contemplated by this chapter not represented by counsel, any
waiver must be given or any objection must be offered by the
child's guardian ad litem.
(b) Waiver of a child's right to be represented by counsel
provided under the juvenile court rules must be an express
waiver voluntarily and intelligently made by the child after the
child has been fully and effectively informed of the right being
waived. In determining whether a child has voluntarily and
intelligently waived the right to counsel, the court shall look
to the totality of the circumstances which includes but is not
limited to the child's age, maturity, intelligence, education,
experience, and ability to comprehend, and the presence and
competence of the child's parents, guardian, or guardian ad
litem. If the court accepts the child's waiver, it shall state
on the record the findings and conclusions that form the basis
for its decision to accept the waiver.
Sec. 23. Minnesota Statutes 1996, section 260.161, is
amended by adding a subdivision to read:
Subd. 3a. [ATTORNEY ACCESS TO RECORDS.] An attorney
representing a child, parent, or guardian ad litem in a
proceeding under this chapter shall be given access to records,
local social service agency files, and reports which form the
basis of any recommendation made to the court. An attorney does
not have access under this subdivision to the identity of a
person who made a report under section 626.556. The court may
issue protective orders to prohibit an attorney from sharing a
specified record or portion of a record with a client other than
a guardian ad litem.
Sec. 24. Minnesota Statutes 1996, section 260.165,
subdivision 3, is amended to read:
Subd. 3. [NOTICE TO PARENT OR CUSTODIAN.] Whenever a peace
officer takes a child into custody for shelter care or relative
placement pursuant to subdivision 1; section 260.135,
subdivision 5; or section 260.145, the officer shall notify the
parent or custodian that under section 260.173, subdivision 2,
the parent or custodian may request that the child be placed
with a relative or a designated caregiver under chapter 257A
instead of in a shelter care facility. The officer also shall
give the parent or custodian of the child a list of names,
addresses, and telephone numbers of social service agencies that
offer child welfare services. If the parent or custodian was
not present when the child was removed from the residence, the
list shall be left with an adult on the premises or left in a
conspicuous place on the premises if no adult is present. If
the officer has reason to believe the parent or custodian is not
able to read and understand English, the officer must provide a
list that is written in the language of the parent or
custodian. The list shall be prepared by the commissioner of
human services. The commissioner shall prepare lists for each
county and provide each county with copies of the list without
charge. The list shall be reviewed annually by the commissioner
and updated if it is no longer accurate. Neither the
commissioner nor any peace officer or the officer's employer
shall be liable to any person for mistakes or omissions in the
list. The list does not constitute a promise that any agency
listed will in fact assist the parent or custodian.
Sec. 25. Minnesota Statutes 1996, section 260.191,
subdivision 3a, is amended to read:
Subd. 3a. [COURT REVIEW OF OUT-OF-HOME PLACEMENTS.] (a) If
the court places a child in a residential facility, as defined
in section 257.071, subdivision 1, the court shall review the
out-of-home placement at least every six months to determine
whether continued out-of-home placement is necessary and
appropriate or whether the child should be returned home. The
court shall review agency efforts pursuant to section 257.072,
subdivision 1, and order that the efforts continue if the agency
has failed to perform the duties under that section. The court
shall review the case plan and may modify the case plan as
provided under subdivisions 1e and 2. If the court orders
continued out-of-home placement, the court shall notify the
parents of the provisions of subdivision 3b.
(b) When the court determines that a permanent placement
hearing is necessary because there is a likelihood that the
child will not return to a parent's care, the court may
authorize the agency with custody of the child to send the
notice provided in this paragraph to any adult with whom the
child is currently residing, any adult with whom the child has
resided for one year or longer in the past, any adult who has
maintained a relationship or exercised visitation with the child
as identified in the agency case plan for the child or
demonstrated an interest in the child, and any relative who has
provided a current address to the local social service agency.
This notice must not be provided to a parent whose parental
rights to the child have been terminated under section 260.221,
subdivision 1. The notice must state that a permanent home is
sought for the child and that individuals receiving the notice
may indicate to the agency within 30 days their interest in
providing a permanent home.
Sec. 26. Minnesota Statutes 1996, section 260.191,
subdivision 3b, as amended by Laws 1997, chapter 112, section 5,
is amended to read:
Subd. 3b. [REVIEW OF COURT ORDERED PLACEMENTS; PERMANENT
PLACEMENT DETERMINATION.] (a) If the court places a child in a
residential facility, as defined in section 257.071, subdivision
1, The court shall conduct a hearing to determine the permanent
status of the a child not later than 12 months after the child
was is placed out of the home of the parent.
For purposes of this subdivision, the date of the child's
placement out of the home of the parent is the earlier of the
first court-ordered placement or the first court-approved
placement under section 257.071, subdivision 3, of a child who
had been in voluntary placement.
For purposes of this subdivision, 12 months is calculated
as follows:
(1) during the pendency of a petition alleging that a child
is in need of protection or services, all time periods when a
child is placed out of the home of the parent are cumulated;
(2) if a child has been placed out of the home of the
parent within the previous five years in connection with one or
more prior petitions for a child in need of protection or
services, the lengths of all prior time periods when the child
was placed out of the home within the previous five years and
under the current petition, are cumulated. If a child under
this clause has been out of the home for 12 months or more, the
court, if it is in the best interests of the child, may extend
the total time the child may continue out of the home under the
current petition up to an additional six months before making a
permanency determination.
(b) Not later than ten days prior to this hearing, the
responsible social service agency shall file pleadings to
establish the basis for the permanent placement determination.
Notice of the hearing and copies of the pleadings must be
provided pursuant to section 260.141. If a termination of
parental rights petition is filed before the date required for
the permanency planning determination, no hearing need be
conducted under this section subdivision. The court shall
determine whether the child is to be returned home or, if not,
what permanent placement is consistent with the child's best
interests. The "best interests of the child" means all relevant
factors to be considered and evaluated.
(c) If the child is not returned to the home, the
dispositions available for permanent placement determination are:
(1) permanent legal and physical custody to a relative
pursuant to in the best interests of the child. In transferring
permanent legal and physical custody to a relative, the juvenile
court shall follow the standards and procedures applicable under
chapter 257 or 518. An order establishing permanent legal or
physical custody under this subdivision must be filed with the
family court. The social service agency may petition on behalf
of the proposed custodian;
(2) termination of parental rights and adoption; the social
service agency shall file a petition for termination of parental
rights under section 260.231 and all the requirements of
sections 260.221 to 260.245 remain applicable. An adoption
ordered completed subsequent to a determination under this
subdivision may include an agreement for communication or
contact under section 259.58; or
(3) long-term foster care; transfer of legal custody and
adoption are preferred permanency options for a child who cannot
return home. The court may order a child into long-term foster
care only if it finds that neither an award of legal and
physical custody to a relative, nor termination of parental
rights nor adoption is in the child's best interests. Further,
the court may only order long-term foster care for the child
under this section if it finds the following:
(i) the child has reached age 12 and reasonable efforts by
the responsible social service agency have failed to locate an
adoptive family for the child; or
(ii) the child is a sibling of a child described in clause
(i) and the siblings have a significant positive relationship
and are ordered into the same long-term foster care home.; or
(b) The court may extend the time period for determination
of permanent placement to 18 months after the child was placed
in a residential facility if:
(1) there is a substantial probability that the child will
be returned home within the next six months;
(2) the agency has not made reasonable, or, in the case of
an Indian child, active efforts, to correct the conditions that
form the basis of the out-of-home placement; or
(3) extraordinary circumstances exist precluding a
permanent placement determination, in which case the court shall
make written findings documenting the extraordinary
circumstances and order one subsequent review after six months
to determine permanent placement. A court finding that
extraordinary circumstances exist precluding a permanent
placement determination must be supported by detailed factual
findings regarding those circumstances.
(4) foster care for a specified period of time may be
ordered only if:
(i) the sole basis for an adjudication that a child is in
need of protection or services is that the child is a runaway,
is an habitual truant, or committed a delinquent act before age
ten; and
(ii) the court finds that foster care for a specified
period of time is in the best interests of the child.
(c) (d) In ordering a permanent placement of a child, the
court must be governed by the best interests of the child,
including a review of the relationship between the child and
relatives and the child and other important persons with whom
the child has resided or had significant contact.
(d) (e) Once a permanent placement determination has been
made and permanent placement has been established, further
reviews are only necessary if the placement is made under
paragraph (c), clause (4), review is otherwise required by
federal law, an adoption has not yet been finalized, or there is
a disruption of the permanent or long-term placement. If
required, reviews must take place no less frequently than every
six months.
(e) (f) An order under this subdivision must include the
following detailed findings:
(1) how the child's best interests are served by the order;
(2) the nature and extent of the responsible social service
agency's reasonable efforts, or, in the case of an Indian child,
active efforts, to reunify the child with the parent or parents;
(3) the parent's or parents' efforts and ability to use
services to correct the conditions which led to the out-of-home
placement;
(4) whether the conditions which led to the out-of-home
placement have been corrected so that the child can return home;
and
(5) if the child cannot be returned home, whether there is
a substantial probability of the child being able to return home
in the next six months.
(f) (g) An order for permanent legal and physical custody
of a child may be modified under sections 518.18 and 518.185.
The social service agency is a party to the proceeding and must
receive notice. An order for long-term foster care is
reviewable upon motion and a showing by the parent of a
substantial change in the parent's circumstances such that the
parent could provide appropriate care for the child and that
removal of the child from the child's permanent placement and
the return to the parent's care would be in the best interest of
the child.
Sec. 27. Minnesota Statutes 1996, section 260.191,
subdivision 4, is amended to read:
Subd. 4. [CONTINUANCE OF CASE.] When If it is in the best
interests of the child or the child's parents to do so and when
either if the allegations contained in the petition have been
admitted, or when a hearing has been held as provided in section
260.155 and the allegations contained in the petition have been
duly proven, before the entry of a finding of need for
protection or services or a finding that a child is neglected
and in foster care has been entered, the court may continue the
case for a period not to exceed 90 days on any one order. Such
a continuance may be extended for one additional successive
period not to exceed 90 days and only after the court has
reviewed the case and entered its order for an additional
continuance without a finding that the child is in need of
protection or services or neglected and in foster care. During
this continuance the court may enter any order otherwise
permitted under the provisions of this section. Following the
90-day continuance:
(1) if both the parent and child have complied with the
terms of the continuance, the case must be dismissed without an
adjudication that the child is in need of protection or services
or that the child is neglected and in foster care; or
(2) if either the parent or child has not complied with the
terms of the continuance, the court shall adjudicate the child
in need of protection or services or neglected and in foster
care.
Sec. 28. Minnesota Statutes 1996, section 260.192, is
amended to read:
260.192 [DISPOSITIONS; VOLUNTARY FOSTER CARE PLACEMENTS.]
Upon a petition for review of the foster care status of a
child, the court may:
(a) In the case of a petition required to be filed under
section 257.071, subdivision 3, find that the child's needs are
being met, that the child's placement in foster care is in the
best interests of the child, and that the child will be returned
home in the next six months, in which case the court shall
approve the voluntary arrangement and continue the matter for
six months to assure the child returns to the parent's home.
(b) In the case of a petition required to be filed under
section 257.071, subdivision 4, find that the child's needs are
being met and that the child's placement in foster care is in
the best interests of the child, in which case the court shall
approve the voluntary arrangement. The court shall order the
social service agency responsible for the placement to bring a
petition under section 260.131, subdivision 1 or 1a, as
appropriate, within two years 12 months.
(c) Find that the child's needs are not being met, in which
case the court shall order the social service agency or the
parents to take whatever action is necessary and feasible to
meet the child's needs, including, when appropriate, the
provision by the social service agency of services to the
parents which would enable the child to live at home, and order
a disposition under section 260.191.
(d) Find that the child has been abandoned by parents
financially or emotionally, or that the developmentally disabled
child does not require out-of-home care because of the
handicapping condition, in which case the court shall order the
social service agency to file an appropriate petition pursuant
to sections 260.131, subdivision 1, or 260.231.
Nothing in this section shall be construed to prohibit
bringing a petition pursuant to section 260.131, subdivision 1
or 2, sooner than required by court order pursuant to this
section.
Sec. 29. Minnesota Statutes 1996, section 260.221,
subdivision 1, is amended to read:
Subdivision 1. [VOLUNTARY AND INVOLUNTARY.] The juvenile
court may upon petition, terminate all rights of a parent to a
child in the following cases:
(a) With the written consent of a parent who for good cause
desires to terminate parental rights; or
(b) If it finds that one or more of the following
conditions exist:
(1) that the parent has abandoned the child. Abandonment
is presumed when:
(i) the parent has had no contact with the child on a
regular basis and no demonstrated, consistent interest in the
child's well-being for six months; and
(ii) the social service agency has made reasonable efforts
to facilitate contact, unless the parent establishes that an
extreme financial or physical hardship or treatment for mental
disability or chemical dependency or other good cause prevented
the parent from making contact with the child. This presumption
does not apply to children whose custody has been determined
under chapter 257 or 518. The court is not prohibited from
finding abandonment in the absence of this presumption; or
(2) that the parent has substantially, continuously, or
repeatedly refused or neglected to comply with the duties
imposed upon that parent by the parent and child relationship,
including but not limited to providing the child with necessary
food, clothing, shelter, education, and other care and control
necessary for the child's physical, mental, or emotional health
and development, if the parent is physically and financially
able, and reasonable efforts by the social service agency have
failed to correct the conditions that formed the basis of the
petition; or
(3) that a parent has been ordered to contribute to the
support of the child or financially aid in the child's birth and
has continuously failed to do so without good cause. This
clause shall not be construed to state a grounds for termination
of parental rights of a noncustodial parent if that parent has
not been ordered to or cannot financially contribute to the
support of the child or aid in the child's birth; or
(4) that a parent is palpably unfit to be a party to the
parent and child relationship because of a consistent pattern of
specific conduct before the child or of specific conditions
directly relating to the parent and child relationship either of
which are determined by the court to be of a duration or nature
that renders the parent unable, for the reasonably foreseeable
future, to care appropriately for the ongoing physical, mental,
or emotional needs of the child. It is presumed that a parent
is palpably unfit to be a party to the parent and child
relationship upon a showing that:
(i) the child was adjudicated in need of protection or
services due to circumstances described in section 260.015,
subdivision 2a, clause (1), (2), (3), (5), or (8); and
(ii) within the three-year period immediately prior to that
adjudication, the parent's parental rights to one or more other
children were involuntarily terminated under clause (1), (2),
(4), or (7), or under clause (5) if the child was initially
determined to be in need of protection or services due to
circumstances described in section 260.015, subdivision 2a,
clause (1), (2), (3), (5), or (8); or
(5) that following upon a determination of neglect or
dependency, or of a child's need for protection or services,
reasonable efforts, under the direction of the court, have
failed to correct the conditions leading to the determination.
It is presumed that reasonable efforts under this clause have
failed upon a showing that:
(i) a child has resided out of the parental home under
court order for a cumulative period of more than one year within
a five-year period following an adjudication of dependency,
neglect, need for protection or services under section 260.015,
subdivision 2a, clause (1), (2), (3), (6), (8), or (9), or
neglected and in foster care, and an order for disposition under
section 260.191, including adoption of the case plan required by
section 257.071;
(ii) conditions leading to the determination will not be
corrected within the reasonably foreseeable future. It is
presumed that conditions leading to a child's out-of-home
placement will not be corrected in the reasonably foreseeable
future upon a showing that the parent or parents have not
substantially complied with the court's orders and a reasonable
case plan, and the conditions which led to the out-of-home
placement have not been corrected; and
(iii) reasonable efforts have been made by the social
service agency to rehabilitate the parent and reunite the family.
This clause does not prohibit the termination of parental
rights prior to one year after a child has been placed out of
the home.
It is also presumed that reasonable efforts have failed
under this clause upon a showing that:
(i) the parent has been diagnosed as chemically dependent
by a professional certified to make the diagnosis;
(ii) the parent has been required by a case plan to
participate in a chemical dependency treatment program;
(iii) the treatment programs offered to the parent were
culturally, linguistically, and clinically appropriate;
(iv) the parent has either failed two or more times to
successfully complete a treatment program or has refused at two
or more separate meetings with a caseworker to participate in a
treatment program; and
(v) the parent continues to abuse chemicals.
Provided, that this presumption applies only to parents required
by a case plan to participate in a chemical dependency treatment
program on or after July 1, 1990; or
(6) that a child has experienced egregious harm in the
parent's care which is of a nature, duration, or chronicity that
indicates a lack of regard for the child's well-being, such that
a reasonable person would believe it contrary to the best
interest of the child or of any child to be in the parent's
care; or
(7) that in the case of a child born to a mother who was
not married to the child's father when the child was conceived
nor when the child was born the person is not entitled to notice
of an adoption hearing under section 259.49 and either the
person has not filed a notice of intent to retain parental
rights under section 259.51 or that the notice has been
successfully challenged; or
(8) that the child is neglected and in foster care.
In an action involving an American Indian child, sections 257.35
to 257.3579 and the Indian Child Welfare Act, United States
Code, title 25, sections 1901 to 1923, control to the extent
that the provisions of this section are inconsistent with those
laws; or
(9) that the parent has been convicted of a crime listed in
section 260.012, paragraph (b), clauses (1) to (3).
Sec. 30. Minnesota Statutes 1996, section 260.221,
subdivision 5, is amended to read:
Subd. 5. [FINDINGS REGARDING REASONABLE EFFORTS.] In any
proceeding under this section, the court shall make specific
findings:
(1) regarding the nature and extent of efforts made by the
social service agency to rehabilitate the parent and reunite the
family.;
(2) that provision of services or further services for the
purpose of rehabilitation and reunification is futile and
therefore unreasonable under the circumstances; or
(3) that reunification is not required because the parent
has been convicted of a crime listed in section 260.012,
paragraph (b), clauses (1) to (3).
Sec. 31. Minnesota Statutes 1996, section 260.241,
subdivision 1, is amended to read:
Subdivision 1. If, after a hearing, the court finds by
clear and convincing evidence that one or more of the conditions
set out in section 260.221 exist, it may terminate parental
rights. Upon the termination of parental rights all rights,
powers, privileges, immunities, duties, and obligations,
including any rights to custody, control, visitation, or support
existing between the child and parent shall be severed and
terminated and the parent shall have no standing to appear at
any further legal proceeding concerning the child. Provided,
however, that a parent whose parental rights are terminated:
(1) shall remain liable for the unpaid balance of any
support obligation owed under a court order upon the effective
date of the order terminating parental rights; and
(2) may be a party to a communication or contact agreement
under section 259.58.
Sec. 32. Minnesota Statutes 1996, section 260.241,
subdivision 3, is amended to read:
Subd. 3. (a) A certified copy of the findings and the
order terminating parental rights, and a summary of the court's
information concerning the child shall be furnished by the court
to the commissioner or the agency to which guardianship is
transferred. The orders shall be on a document separate from
the findings. The court shall furnish the individual to whom
guardianship is transferred a copy of the order terminating
parental rights.
(b) The court shall retain jurisdiction in a case where
adoption is the intended permanent placement disposition. The
guardian ad litem and counsel for the child shall continue on
the case until an adoption decree is entered. A hearing must be
held every 90 days following termination of parental rights for
the court to review progress toward an adoptive placement.
(c) The court shall retain jurisdiction in a case where
long-term foster care is the permanent disposition. The
guardian ad litem and counsel for the child must be dismissed
from the case on the effective date of the permanent placement
order. However, the foster parent and the child, if of
sufficient age, must be informed how they may contact a guardian
ad litem if the matter is subsequently returned to court.
Sec. 33. [UNIFORM PRIVATE CHIPS PETITION.]
The state court administrator shall prepare and make
available to court administrators in each county the private
CHIPS petition form required by Minnesota Statutes, section
260.131, subdivision 1.
Sec. 34. [JUVENILE CODE RECODIFICATION.]
The revisor of statutes shall reorganize Minnesota
Statutes, chapter 260, and other laws relating to child
protection and child welfare services to create separate,
comprehensible areas of law dealing with child protection and
delinquency in the form of a bill for introduction at the 1998
regular legislative session.
Sec. 35. [ADOPTIVE AND FOSTER FAMILY RECRUITMENT.]
The commissioner of human services shall explore strategies
and incentives to facilitate recruitment of foster and adoptive
families. The commissioner shall report to the supreme court
and the chairs of the committees on the judiciary and on health
and human services in the house of representatives and the
senate by February 1, 1998, on an action proposal and whether
any legislation is needed to implement it.
Sec. 36. [COURT CONTINUITY AND CASE MANAGEMENT.]
The chief judges of the district courts, in consultation
with the state court administrator, shall develop case
management systems so that one judge hears all phases of a
proceeding on a child in need of protection or services,
including permanent placement or adoption, if any. The chief
judges shall consider the "one judge, one family" model and the
experience of the Ramsey county pilot project.
Sec. 37. [SOCIAL SERVICE CONTINUITY.]
Whenever feasible, managers and directors of local social
service agencies should promote continuity and reduce delays in
a case by assigning one person until it concludes in
reunification or a permanent placement plan.
Sec. 38. [REPEALER.]
Minnesota Statutes 1996, section 259.33, is repealed.
Sec. 39. [EFFECTIVE DATE; APPLICATION.]
Section 26, paragraph (a), clause (2), applies to children
who were first placed outside the home on or after August 1,
1995.
ARTICLE 7
CRIME VICTIMS
Section 1. Minnesota Statutes 1996, section 169.042,
subdivision 1, is amended to read:
Subdivision 1. [NOTIFICATION.] A The law enforcement
agency that originally received the report of a vehicle theft
shall make a reasonable and good-faith effort to notify the
victim of a the reported vehicle theft within 48 hours after the
agency recovers the vehicle recovering the vehicle or receiving
notification that the vehicle has been recovered. The notice
must specify when the recovering law enforcement agency expects
to release the vehicle to the owner and how where the owner may
pick up the vehicle. The law enforcement agency that recovers
the vehicle must promptly inform the agency that received the
theft report that the vehicle is recovered, where the vehicle is
located, and when the vehicle can be released to the owner.
Sec. 2. Minnesota Statutes 1996, section 256F.09,
subdivision 2, is amended to read:
Subd. 2. [FUNDING.] The commissioner may award grants to
create or maintain family visitation centers.
In awarding grants to maintain a family visitation center,
the commissioner may award a grant to a center that can
demonstrate a 35 percent local match, provided the center is
diligently exploring and pursuing all available funding options
in an effort to become self-sustaining, and those efforts are
reported to the commissioner.
In awarding grants to create a family visitation center,
the commissioner shall give priority to:
(1) areas of the state where no other family visitation
center or similar facility exists;
(2) applicants who demonstrate that private funding for the
center is available and will continue; and
(3) facilities that are adapted for use to care for
children, such as day care centers, religious institutions,
community centers, schools, technical colleges, parenting
resource centers, and child care referral services.
In awarding grants to create or maintain a family
visitation center, the commissioner shall require the proposed
center to meet standards developed by the commissioner to ensure
the safety of the custodial parent and children.
Sec. 3. Minnesota Statutes 1996, section 256F.09,
subdivision 3, is amended to read:
Subd. 3. [ADDITIONAL SERVICES.] Each family visitation
center may provide parenting and child development classes, and
offer support groups to participating custodial parents and hold
regular classes designed to assist children who have experienced
domestic violence and abuse. Each family visitation center must
have available an individual knowledgeable about or experienced
in the provision of services to battered women on its staff, its
board of directors, or otherwise available to it for
consultation.
Sec. 4. Minnesota Statutes 1996, section 260.161,
subdivision 2, is amended to read:
Subd. 2. [PUBLIC INSPECTION OF RECORDS.] Except as
otherwise provided in this section, and except for legal records
arising from proceedings or portions of proceedings that are
public under section 260.155, subdivision 1, none of the records
of the juvenile court and none of the records relating to an
appeal from a nonpublic juvenile court proceeding, except the
written appellate opinion, shall be open to public inspection or
their contents disclosed except (a) by order of a court or, (b)
as required by sections 245A.04, 611A.03, 611A.04, 611A.06, and
629.73, or (c) the name of a juvenile who is the subject of a
delinquency petition shall be released to the victim of the
alleged delinquent act upon the victim's request; unless it
reasonably appears that the request is prompted by a desire on
the part of the requester to engage in unlawful activities. The
records of juvenile probation officers and county home schools
are records of the court for the purposes of this subdivision.
Court services data relating to delinquent acts that are
contained in records of the juvenile court may be released as
allowed under section 13.84, subdivision 5a. This subdivision
applies to all proceedings under this chapter, including appeals
from orders of the juvenile court, except that this subdivision
does not apply to proceedings under section 260.255, 260.261, or
260.315 when the proceeding involves an adult defendant. The
court shall maintain the confidentiality of adoption files and
records in accordance with the provisions of laws relating to
adoptions. In juvenile court proceedings any report or social
history furnished to the court shall be open to inspection by
the attorneys of record and the guardian ad litem a reasonable
time before it is used in connection with any proceeding before
the court.
When a judge of a juvenile court, or duly authorized agent
of the court, determines under a proceeding under this chapter
that a child has violated a state or local law, ordinance, or
regulation pertaining to the operation of a motor vehicle on
streets and highways, except parking violations, the judge or
agent shall immediately report the violation to the commissioner
of public safety. The report must be made on a form provided by
the department of public safety and must contain the information
required under section 169.95.
Sec. 5. Minnesota Statutes 1996, section 260.161,
subdivision 3, is amended to read:
Subd. 3. [PEACE OFFICER RECORDS OF CHILDREN.] (a) Except
for records relating to an offense where proceedings are public
under section 260.155, subdivision 1, peace officers' records of
children who are or may be delinquent or who may be engaged in
criminal acts shall be kept separate from records of persons 18
years of age or older and are private data but shall be
disseminated: (1) by order of the juvenile court, (2) as
required by section 126.036, (3) as authorized under section
13.82, subdivision 2, (4) to the child or the child's parent or
guardian unless disclosure of a record would interfere with an
ongoing investigation, or (5) to the Minnesota crime victims
reparations board as required by section 611A.56, subdivision 2,
clause (f), for the purpose of processing claims for crime
victims reparations, or (6) as otherwise provided in this
subdivision. Except as provided in paragraph (c), no
photographs of a child taken into custody may be taken without
the consent of the juvenile court unless the child is alleged to
have violated section 169.121 or 169.129. Peace officers'
records containing data about children who are victims of crimes
or witnesses to crimes must be administered consistent with
section 13.82, subdivisions 2, 3, 4, and 10. Any person
violating any of the provisions of this subdivision shall be
guilty of a misdemeanor.
In the case of computerized records maintained about
juveniles by peace officers, the requirement of this subdivision
that records about juveniles must be kept separate from adult
records does not mean that a law enforcement agency must keep
its records concerning juveniles on a separate computer system.
Law enforcement agencies may keep juvenile records on the same
computer as adult records and may use a common index to access
both juvenile and adult records so long as the agency has in
place procedures that keep juvenile records in a separate place
in computer storage and that comply with the special data
retention and other requirements associated with protecting data
on juveniles.
(b) Nothing in this subdivision prohibits the exchange of
information by law enforcement agencies if the exchanged
information is pertinent and necessary to the requesting agency
in initiating, furthering, or completing a criminal
investigation.
(c) A photograph may be taken of a child taken into custody
pursuant to section 260.165, subdivision 1, clause (b), provided
that the photograph must be destroyed when the child reaches the
age of 19 years. The commissioner of corrections may photograph
juveniles whose legal custody is transferred to the
commissioner. Photographs of juveniles authorized by this
paragraph may be used only for institution management purposes,
case supervision by parole agents, and to assist law enforcement
agencies to apprehend juvenile offenders. The commissioner
shall maintain photographs of juveniles in the same manner as
juvenile court records and names under this section.
(d) Traffic investigation reports are open to inspection by
a person who has sustained physical harm or economic loss as a
result of the traffic accident. Identifying information on
juveniles who are parties to traffic accidents may be disclosed
as authorized under section 13.82, subdivision 4, and accident
reports required under section 169.09 may be released under
section 169.09, subdivision 13, unless the information would
identify a juvenile who was taken into custody or who is
suspected of committing an offense that would be a crime if
committed by an adult, or would associate a juvenile with the
offense, and the offense is not a minor traffic offense under
section 260.193.
(e) A law enforcement agency shall notify the principal or
chief administrative officer of a juvenile's school of an
incident occurring within the agency's jurisdiction if:
(1) the agency has probable cause to believe that the
juvenile has committed an offense that would be a crime if
committed as an adult, that the victim of the offense is a
student or staff member of the school, and that notice to the
school is reasonably necessary for the protection of the victim;
or
(2) the agency has probable cause to believe that the
juvenile has committed an offense described in subdivision 1b,
paragraph (a), clauses (1) to (3), that would be a crime if
committed by an adult, regardless of whether the victim is a
student or staff member of the school.
A law enforcement agency is not required to notify the
school under this paragraph if the agency determines that notice
would jeopardize an ongoing investigation. Notwithstanding
section 138.17, data from a notice received from a law
enforcement agency under this paragraph must be destroyed when
the juvenile graduates from the school or at the end of the
academic year when the juvenile reaches age 23, whichever date
is earlier. For purposes of this paragraph, "school" means a
public or private elementary, middle, or secondary school.
(f) In any county in which the county attorney operates or
authorizes the operation of a juvenile prepetition or pretrial
diversion program, a law enforcement agency or county attorney's
office may provide the juvenile diversion program with data
concerning a juvenile who is a participant in or is being
considered for participation in the program.
(g) Upon request of a local social service agency, peace
officer records of children who are or may be delinquent or who
may be engaged in criminal acts may be disseminated to the
agency to promote the best interests of the subject of the data.
(h) Upon written request, the prosecuting authority shall
release investigative data collected by a law enforcement agency
to the victim of a criminal act or alleged criminal act or to
the victim's legal representative, except as otherwise provided
by this paragraph. Data shall not be released if:
(1) the release to the individual subject of the data would
be prohibited under section 13.391; or
(2) the prosecuting authority reasonably believes:
(i) that the release of that data will interfere with the
investigation; or
(ii) that the request is prompted by a desire on the part
of the requester to engage in unlawful activities.
Sec. 6. Minnesota Statutes 1996, section 480.30,
subdivision 1, is amended to read:
Subdivision 1. [CHILD ABUSE; DOMESTIC ABUSE; HARASSMENT.]
The supreme court's judicial education program must include
ongoing training for district court judges on child and
adolescent sexual abuse, domestic abuse, harassment, stalking,
and related civil and criminal court issues. The program must
include the following:
(1) information about the specific needs of victims. The
program must include;
(2) education on the causes of sexual abuse and family
violence and;
(3) education on culturally responsive approaches to
serving victims;
(4) education on the impacts of domestic abuse and domestic
abuse allegations on children and the importance of considering
these impacts when making visitation and child custody decisions
under chapter 518; and
(5) information on alleged and substantiated reports of
domestic abuse, including, but not limited to, department of
human services survey data.
The program also must emphasize the need for the
coordination of court and legal victim advocacy services and
include education on sexual abuse and domestic abuse programs
and policies within law enforcement agencies and prosecuting
authorities as well as the court system.
Sec. 7. Minnesota Statutes 1996, section 518.10, is
amended to read:
518.10 [REQUISITES OF PETITION.]
The petition for dissolution of marriage or legal
separation shall state and allege:
(a) The name and address of the petitioner and any prior or
other name used by the petitioner;
(b) The name and, if known, the address of the respondent
and any prior or other name used by the respondent and known to
the petitioner;
(c) The place and date of the marriage of the parties;
(d) In the case of a petition for dissolution, that either
the petitioner or the respondent or both:
(1) Has resided in this state for not less than 180 days
immediately preceding the commencement of the proceeding, or
(2) Has been a member of the armed services and has been
stationed in this state for not less than 180 days immediately
preceding the commencement of the proceeding, or
(3) Has been a domiciliary of this state for not less than
180 days immediately preceding the commencement of the
proceeding;
(e) The name at the time of the petition and any prior or
other name, age and date of birth of each living minor or
dependent child of the parties born before the marriage or born
or adopted during the marriage and a reference to, and the
expected date of birth of, a child of the parties conceived
during the marriage but not born;
(f) Whether or not a separate proceeding for dissolution,
legal separation, or custody is pending in a court in this state
or elsewhere;
(g) In the case of a petition for dissolution, that there
has been an irretrievable breakdown of the marriage
relationship;
(h) In the case of a petition for legal separation, that
there is a need for a decree of legal separation; and
(i) Any temporary or permanent maintenance, child support,
child custody, disposition of property, attorneys' fees, costs
and disbursements applied for without setting forth the amounts;
and
(j) Whether an order for protection under chapter 518B or a
similar law of another state that governs the parties or a party
and a minor child of the parties is in effect and, if so, the
district court or similar jurisdiction in which it was entered.
The petition shall be verified by the petitioner or
petitioners, and its allegations established by competent
evidence.
Sec. 8. Minnesota Statutes 1996, section 518.175, is
amended by adding a subdivision to read:
Subd. 1a. [DOMESTIC ABUSE; SUPERVISED VISITATION.] (a) If
a custodial parent requests supervised visitation under
subdivision 1 or 5 and an order for protection under chapter
518B or a similar law of another state is in effect against the
noncustodial parent to protect the custodial parent or the
child, the judge or judicial officer must consider the order for
protection in making a decision regarding visitation.
(b) The state court administrator, in consultation with
representatives of custodial and noncustodial parents and other
interested persons, shall develop standards to be met by persons
who are responsible for supervising visitation. Either parent
may challenge the appropriateness of an individual chosen by the
court to supervise visitation.
Sec. 9. Minnesota Statutes 1996, section 518.175,
subdivision 5, is amended to read:
Subd. 5. The court shall modify an order granting or
denying visitation rights whenever modification would serve the
best interests of the child. Except as provided in section
631.52, the court may not restrict visitation rights unless it
finds that:
(1) the visitation is likely to endanger the child's
physical or emotional health or impair the child's emotional
development; or
(2) the noncustodial parent has chronically and
unreasonably failed to comply with court-ordered visitation.
If the custodial parent makes specific allegations that
visitation places the custodial parent or child in danger of
harm, the court shall hold a hearing at the earliest possible
time to determine the need to modify the order granting
visitation rights. Consistent with subdivision 1a, the court
may require a third party, including the local social services
agency, to supervise the visitation or may restrict a parent's
visitation rights if necessary to protect the custodial parent
or child from harm.
Sec. 10. Minnesota Statutes 1996, section 518.179,
subdivision 2, is amended to read:
Subd. 2. [APPLICABLE CRIMES.] This section applies to the
following crimes or similar crimes under the laws of the United
States, or any other state:
(1) murder in the first, second, or third degree under
section 609.185, 609.19, or 609.195;
(2) manslaughter in the first degree under section 609.20;
(3) assault in the first, second, or third degree under
section 609.221, 609.222, or 609.223;
(4) kidnapping under section 609.25;
(5) depriving another of custodial or parental rights under
section 609.26;
(6) soliciting, inducing, or promoting prostitution
involving a minor under section 609.322;
(7) receiving profit from prostitution involving a minor
under section 609.323;
(8) criminal sexual conduct in the first degree under
section 609.342;
(9) criminal sexual conduct in the second degree under
section 609.343;
(10) criminal sexual conduct in the third degree under
section 609.344, subdivision 1, paragraph (c), (f), or (g);
(11) solicitation of a child to engage in sexual conduct
under section 609.352;
(12) incest under section 609.365;
(13) malicious punishment of a child under section 609.377;
or
(14) neglect of a child under section 609.378;
(15) terroristic threats under section 609.713; or
(16) felony harassment or stalking under section 609.749,
subdivision 4.
Sec. 11. Minnesota Statutes 1996, section 518B.01,
subdivision 4, is amended to read:
Subd. 4. [ORDER FOR PROTECTION.] There shall exist an
action known as a petition for an order for protection in cases
of domestic abuse.
(a) A petition for relief under this section may be made by
any family or household member personally or by a family or
household member, a guardian as defined in section 524.1-201,
clause (20), or, if the court finds that it is in the best
interests of the minor, by a reputable adult age 25 or older on
behalf of minor family or household members. A minor age 16 or
older may make a petition on the minor's own behalf against a
spouse or former spouse, or a person with whom the minor has a
child in common, if the court determines that the minor has
sufficient maturity and judgment and that it is in the best
interests of the minor.
(b) A petition for relief shall allege the existence of
domestic abuse, and shall be accompanied by an affidavit made
under oath stating the specific facts and circumstances from
which relief is sought.
(c) A petition for relief must state whether the petitioner
has ever had an order for protection in effect against the
respondent.
(d) A petition for relief must state whether there is an
existing order for protection in effect under this chapter
governing both the parties and whether there is a pending
lawsuit, complaint, petition or other action between the parties
under chapter 257, 518, 518A, 518B, or 518C. The court
administrator shall verify the terms of any existing order
governing the parties. The court may not delay granting relief
because of the existence of a pending action between the parties
or the necessity of verifying the terms of an existing order. A
subsequent order in a separate action under this chapter may
modify only the provision of an existing order that grants
relief authorized under subdivision 6, paragraph (a), clause
(1). A petition for relief may be granted, regardless of
whether there is a pending action between the parties.
(e) The court shall provide simplified forms and clerical
assistance to help with the writing and filing of a petition
under this section.
(f) The court shall advise a petitioner under paragraph (e)
of the right to file a motion and affidavit and to sue in forma
pauperis pursuant to section 563.01 and shall assist with the
writing and filing of the motion and affidavit.
(g) The court shall advise a petitioner under paragraph (e)
of the right to serve the respondent by published notice under
subdivision 5, paragraph (b), if the respondent is avoiding
personal service by concealment or otherwise, and shall assist
with the writing and filing of the affidavit.
(h) The court shall advise the petitioner of the right to
seek restitution under the petition for relief.
(i) The court shall advise the petitioner of the right to
request a hearing under subdivision 7, paragraph (c). If the
petitioner does not request a hearing, the court shall advise
the petitioner that the respondent may request a hearing and
that notice of the hearing date and time will be provided to the
petitioner by mail at least five days before the hearing.
(j) The court shall advise the petitioner of the right to
request supervised visitation, as provided in section 518.175,
subdivision 1a.
Sec. 12. Minnesota Statutes 1996, section 518B.01,
subdivision 8, is amended to read:
Subd. 8. [SERVICE; ALTERNATE SERVICE; PUBLICATION;
NOTICE.] (a) The petition and any order issued under this
section shall be served on the respondent personally.
(b) When service is made out of this state and in the
United States, it may be proved by the affidavit of the person
making the service. When service is made outside the United
States, it may be proved by the affidavit of the person making
the service, taken before and certified by any United States
minister, charge d'affaires, commissioner, consul, or commercial
agent, or other consular or diplomatic officer of the United
States appointed to reside in the other country, including all
deputies or other representatives of the officer authorized to
perform their duties; or before an office authorized to
administer an oath with the certificate of an officer of a court
of record of the country in which the affidavit is taken as to
the identity and authority of the officer taking the affidavit.
(c) If personal service cannot be made, the court may order
service of the petition and any order issued under this section
by alternate means, or by publication, which publication must be
made as in other actions. The application for alternate service
must include the last known location of the respondent; the
petitioner's most recent contacts with the respondent; the last
known location of the respondent's employment; the names and
locations of the respondent's parents, siblings, children, and
other close relatives; the names and locations of other persons
who are likely to know the respondent's whereabouts; and a
description of efforts to locate those persons.
The court shall consider the length of time the
respondent's location has been unknown, the likelihood that the
respondent's location will become known, the nature of the
relief sought, and the nature of efforts made to locate the
respondent. The court shall order service by first class mail,
forwarding address requested, to any addresses where there is a
reasonable possibility that mail or information will be
forwarded or communicated to the respondent.
The court may also order publication, within or without the
state, but only if it might reasonably succeed in notifying the
respondent of the proceeding. Service shall be deemed complete
14 days after mailing or 14 days after court-ordered publication.
(d) A petition and any order issued under this section must
include a notice to the respondent that if an order for
protection is issued to protect the petitioner or a child of the
parties, upon request of the petitioner in any visitation
proceeding, the court shall consider the order for protection in
making a decision regarding visitation.
Sec. 13. Minnesota Statutes 1996, 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 or a similar law of another state, 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 or a similar law of another state 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 or a similar law of
another state, 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, or in
the county in which the alleged violation occurred, if the
petitioner and respondent do not reside in this state. 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 or a similar law
of another state 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 under paragraph (a) 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 under paragraph (a) 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 under paragraph (a) 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 under
paragraph (a) 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. 14. Minnesota Statutes 1996, section 518B.01,
subdivision 17, is amended to read:
Subd. 17. [EFFECT ON CUSTODY PROCEEDINGS.] In a subsequent
custody proceeding the court may must consider, but is not bound
by, a finding in a proceeding under this chapter or under a
similar law of another state that domestic abuse has occurred
between the parties.
Sec. 15. Minnesota Statutes 1996, section 518B.01,
subdivision 18, is amended to read:
Subd. 18. [NOTICES.] Each order for protection granted
under this chapter must contain a conspicuous notice to the
respondent or person to be restrained that:
(1) violation of an order for protection is a misdemeanor
punishable by imprisonment for up to 90 days or a fine of up to
$700 or both;
(2) the respondent is forbidden to enter or stay at the
petitioner's residence, even if invited to do so by the
petitioner or any other person; in no event is the order for
protection voided; and
(3) a peace officer must arrest without warrant and take
into custody a person whom the peace officer has probable cause
to believe has violated an order for protection restraining the
person or excluding the person from a residence; and
(4) pursuant to the Violence Against Women Act of 1994,
United States Code, title 18, section 2265, the order is
enforceable in all 50 states, the District of Columbia, tribal
lands, and United States territories, that violation of the
order may also subject the respondent to federal charges and
punishment under United States Code, title 18, sections 2261 and
2262, and that if a final order is entered against the
respondent after the hearing, the respondent may be prohibited
from possessing, transporting, or accepting a firearm under the
1994 amendment to the Gun Control Act, United States Code, title
18, section 922(g)(8).
Sec. 16. Minnesota Statutes 1996, section 609.10, is
amended to read:
609.10 [SENTENCES AVAILABLE.]
Subdivision 1. [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.
Subd. 2. [RESTITUTION.] (a) As used in this section,
"restitution" includes:
(i) (1) payment of compensation to the victim or the
victim's family; and
(ii) (2) 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.
"Restitution" includes payment of compensation to a
government entity that incurs loss as a direct result of a crime.
(b) When the defendant does not pay the entire amount of
court-ordered restitution and the fine at the same time, the
court may order that all restitution shall be paid before the
fine is paid.
Sec. 17. Minnesota Statutes 1996, section 609.125, is
amended to read:
609.125 [SENTENCE FOR MISDEMEANOR OR GROSS MISDEMEANOR.]
Subdivision 1. [SENTENCES AVAILABLE.] 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.
Subd. 2. [RESTITUTION.] (a) As used in this section,
"restitution" includes:
(i) (1) payment of compensation to the victim or the
victim's family; and
(ii) (2) 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.
"Restitution" includes payment of compensation to a
government entity that incurs loss as a direct result of a crime.
(b) When the defendant does not pay the entire amount of
court-ordered restitution and the fine at the same time, the
court may order that all restitution shall be paid before the
fine is paid.
Sec. 18. Minnesota Statutes 1996, section 609.2244, is
amended to read:
609.2244 [PRESENTENCE DOMESTIC ABUSE ASSESSMENTS
INVESTIGATIONS.]
Subdivision 1. [DOMESTIC ABUSE ASSESSMENT INVESTIGATION.]
A presentence domestic abuse assessment investigation must be
conducted and an assessment a report submitted to the court by
the county corrections agency responsible for administering the
assessment conducting the investigation 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 department of
corrections shall establish minimum standards for the report,
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. Victim impact statements are confidential.
(b) The assessment report must include:
(1) a recommendation on any limitations on contact with the
victim and other measures to ensure the victim's safety;
(2) a recommendation for the defendant to enter and
successfully complete domestic abuse counseling programming and
any aftercare found necessary by the assessment investigation;
(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 CORRECTIONS AGENTS STANDARDS; RULES;
ASSESSMENT INVESTIGATION TIME LIMITS.] A domestic
abuse assessment investigation 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 corrections agent 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 A corrections agent
conducting an assessment investigation 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 investigation must 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 INVESTIGATION 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 investigation fee of at least
$50 but not more than $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 investigation.
Sec. 19. Minnesota Statutes 1996, 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) a government entity that incurs loss or
harm as a result of a crime, and (iii) 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. 20. Minnesota Statutes 1996, section 611A.035, is
amended to read:
611A.035 [CONFIDENTIALITY OF VICTIM'S ADDRESS.]
Subdivision 1. [DISCRETION OF PROSECUTOR NOT TO DISCLOSE.]
A prosecutor may elect not to disclose a victim's or witness's
home or employment address or telephone number if the prosecutor
certifies to the trial court that:
(1) the defendant or respondent has been charged with or
alleged to have committed a crime;
(2) the nondisclosure is needed to address the victim's or
witness's concerns about safety or security; and
(3) the victim's or witness's home or employment address or
telephone number is not relevant to the prosecution's case.
If such a certification is made, the prosecutor must move
at a contested hearing for the court's permission to continue to
withhold this information.
The court shall either:
(1) order the information disclosed to defense counsel, but
order it not disclosed to the defendant; or
(2) order the prosecutor to arrange a confidential meeting
between defense counsel, or his or her agent, and the victim or
witness, at a neutral location.
This subdivision shall not be construed to compel a victim
or witness to give any statement to or attend any meeting with
defense counsel or defense counsel's agent.
Subd. 2. [WITNESS TESTIMONY IN COURT.] No victim or
witness providing testimony in court proceedings may be
compelled to state a home or employment address on the record in
open court unless the court finds that the testimony would be
relevant evidence.
Sec. 21. Minnesota Statutes 1996, section 611A.038, is
amended to read:
611A.038 [RIGHT TO SUBMIT STATEMENT AT SENTENCING.]
(a) A victim has the right to submit an impact statement to
the court at the time of sentencing or disposition hearing. The
impact statement may be presented to the court orally or in
writing, at the victim's option. If the victim requests, the
prosecutor must orally present the statement to the court.
Statements may include the following, subject to reasonable
limitations as to time and length:
(1) a summary of the harm or trauma suffered by the victim
as a result of the crime;
(2) a summary of the economic loss or damage suffered by
the victim as a result of the crime; and
(3) a victim's reaction to the proposed sentence or
disposition.
(b) A representative of the community affected by the crime
may submit an impact statement in the same manner that a victim
may as provided in paragraph (a). This impact statement shall
describe the adverse social or economic effects the offense has
had on persons residing and businesses operating in the
community where the offense occurred.
(c) If the court permits the defendant or anyone speaking
on the defendant's behalf to present a statement to the court,
the court shall limit the response to factual issues which are
relevant to sentencing.
(d) Nothing in this section shall be construed to extend
the defendant's right to address the court under section 631.20.
Sec. 22. Minnesota Statutes 1996, section 611A.039,
subdivision 1, is amended to read:
Subdivision 1. [NOTICE REQUIRED.] Except as otherwise
provided in subdivision 2, within 15 working days after a
conviction, acquittal, or dismissal in a criminal case in which
there is an identifiable crime victim, the prosecutor shall make
reasonable good faith efforts to provide to each affected crime
victim oral or written notice of the final disposition of the
case. When the court is considering modifying the sentence for
a felony or a crime of violence or an attempted crime of
violence, the court or its designee shall make a reasonable and
good faith effort to notify the victim of the crime. If the
victim is incapacitated or deceased, notice must be given to the
victim's family. If the victim is a minor, notice must be given
to the victim's parent or guardian. The notice must include:
(1) the date and approximate time of the review;
(2) the location where the review will occur;
(3) the name and telephone number of a person to contact
for additional information; and
(4) a statement that the victim and victim's family may
provide input to the court concerning the sentence modification.
As used in this section, "crime of violence" has the
meaning given in section 624.712, subdivision 5, and also
includes gross misdemeanor violations of section 609.224, and
nonfelony violations of sections 518B.01, 609.2231, 609.3451,
609.748, and 609.749.
Sec. 23. [611A.0395] [RIGHT TO INFORMATION REGARDING
DEFENDANT'S APPEAL.]
Subdivision 1. [PROSECUTING ATTORNEY TO NOTIFY
VICTIMS.] (a) The prosecuting attorney shall make a reasonable
and good faith effort to provide to each affected victim oral or
written notice of a pending appeal. This notice must be
provided within 30 days of filing of the respondent's brief.
The notice must contain a brief explanation of the contested
issues or a copy of the brief, an explanation of the applicable
process, information about scheduled oral arguments or hearings,
a statement that the victim and the victim's family may attend
the argument or hearing, and the name and telephone number of a
person that may be contacted for additional information.
(b) In a criminal case in which there is an identifiable
crime victim, within 15 working days of a final decision on an
appeal, the prosecuting attorney shall make a reasonable and
good faith effort to provide to each affected victim oral or
written notice of the decision. This notice must include a
brief explanation of what effect, if any, the decision has upon
the judgment of the trial court and the name and telephone
number of a person that may be contacted for additional
information.
Subd. 2. [EXCEPTION.] The notices described in subdivision
1 do not have to be given to victims who have previously
indicated a desire not to be notified.
Sec. 24. Minnesota Statutes 1996, section 611A.04, is
amended by adding a subdivision to read:
Subd. 4. [PAYMENT OF RESTITUTION.] When the court orders
both the payment of restitution and the payment of a fine and
the defendant does not pay the entire amount of court-ordered
restitution and the fine at the same time, the court may order
that all restitution shall be paid before the fine is paid.
Sec. 25. Minnesota Statutes 1996, section 611A.045,
subdivision 1, is amended to read:
Subdivision 1. [CRITERIA.] (a) The court, in determining
whether to order restitution and the amount of the restitution,
shall consider the following factors:
(1) the amount of economic loss sustained by the victim as
a result of the offense; and
(2) the income, resources, and obligations of the defendant.
(b) If there is more than one victim of a crime, the court
shall give priority to victims who are not governmental entities
when ordering restitution.
Sec. 26. Minnesota Statutes 1996, 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. The
council expires on June 30, 2001. Council members shall receive
expense reimbursement as specified in section 15.059.
Sec. 27. Minnesota Statutes 1996, 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. The council expires on June 30, 2001. Council members
shall receive expense reimbursement as specified in section
15.059.
Sec. 28. Minnesota Statutes 1996, section 611A.52,
subdivision 6, is amended to read:
Subd. 6. [CRIME.] (a) "Crime" means conduct that:
(1) occurs or is attempted anywhere within the geographical
boundaries of this state, including Indian reservations and
other trust lands;
(2) poses a substantial threat of personal injury or death;
and
(3) is included within the definition of "crime" in section
609.02, subdivision 1, or would be included within that
definition but for the fact that (i) the person engaging in the
conduct lacked capacity to commit the crime under the laws of
this state; or (ii) the act was alleged or found to have been
committed by a juvenile.
(b) A crime occurs whether or not any person is prosecuted
or convicted but the conviction of a person whose acts give rise
to the claim is conclusive evidence that a crime was committed
unless an application for rehearing, appeal, or petition for
certiorari is pending or a new trial or rehearing has been
ordered.
(c) "Crime" does not include an act involving the operation
of a motor vehicle, aircraft, or watercraft that results in
injury or death, except that a crime includes any of the
following:
(1) injury or death intentionally inflicted through the use
of a motor vehicle, aircraft, or watercraft;
(2) injury or death caused by a driver in violation of
section 169.09, subdivision 1; 169.121; or 609.21; and
(3) injury or death caused by a driver of a motor vehicle
in the immediate act of fleeing the scene of a crime in which
the driver knowingly and willingly participated.
(d) Notwithstanding paragraph (a), "crime" includes an act
of international terrorism as defined in United States Code,
title 18, section 2331, committed outside of the United States
against a resident of this state.
Sec. 29. Minnesota Statutes 1996, section 611A.52,
subdivision 8, is amended to read:
Subd. 8. [ECONOMIC LOSS.] "Economic loss" means actual
economic detriment incurred as a direct result of injury or
death.
(a) In the case of injury the term is limited to:
(1) reasonable expenses incurred for necessary medical,
chiropractic, hospital, rehabilitative, and dental products,
services, or accommodations, including ambulance services,
drugs, appliances, and prosthetic devices;
(2) reasonable expenses associated with recreational
therapy where a claimant has suffered amputation of a limb;
(3) reasonable expenses incurred for psychological or
psychiatric products, services, or accommodations, not to exceed
an amount to be set by the board, where the nature of the injury
or the circumstances of the crime are such that the treatment is
necessary to the rehabilitation of the victim;
(4) loss of income that the victim would have earned had
the victim not been injured;
(5) reasonable expenses incurred for substitute child care
or household services to replace those the victim or claimant
would have performed had the victim or the claimant's child not
been injured. As used in this clause, "child care services"
means services provided by facilities licensed under and in
compliance with either Minnesota Rules, parts 9502.0315 to
9502.0445, or 9545.0510 to 9545.0670, or exempted from licensing
requirements pursuant to section 245A.03. Licensed facilities
must be paid at a rate not to exceed their standard rate of
payment. Facilities exempted from licensing requirements must
be paid at a rate not to exceed $3 an hour per child for daytime
child care or $4 an hour per child for evening child care; and
(6) reasonable expenses actually incurred to return a child
who was a victim of a crime under section 609.25 or 609.26 to
the child's parents or lawful custodian. These expenses are
limited to transportation costs, meals, and lodging from the
time the child was located until the child was returned home.
(b) In the case of death the term is limited to:
(1) reasonable expenses actually incurred for funeral,
burial, or cremation, not to exceed an amount to be determined
by the board on the first day of each fiscal year;
(2) reasonable expenses for medical, chiropractic,
hospital, rehabilitative, psychological and psychiatric
services, products or accommodations which were incurred prior
to the victim's death and for which the victim's survivors or
estate are liable;
(3) loss of support, including contributions of money,
products or goods, but excluding services which the victim would
have supplied to dependents if the victim had lived; and
(4) reasonable expenses incurred for substitute child care
and household services to replace those which the victim or
claimant would have performed for the benefit of dependents if
the victim or the claimant's child had lived.
Claims for loss of support for minor children made under
clause (3) must be paid for three years or until the child
reaches 18 years old, whichever is the shorter period. After
three years, if the child is younger than 18 years old a claim
for loss of support may be resubmitted to the board, and the
board staff shall evaluate the claim giving consideration to the
child's financial need and to the availability of funds to the
board. Claims for loss of support for a spouse made under
clause (3) shall also be reviewed at least once every three
years. The board staff shall evaluate the claim giving
consideration to the spouse's financial need and to the
availability of funds to the board.
Claims for substitute child care services made under clause
(4) must be limited to the actual care that the deceased victim
would have provided to enable surviving family members to pursue
economic, educational, and other activities other than
recreational activities.
Sec. 30. Minnesota Statutes 1996, section 611A.53,
subdivision 1b, is amended to read:
Subd. 1b. [MINNESOTA RESIDENTS INJURED ELSEWHERE.] (a) A
Minnesota resident who is the victim of a crime committed
outside the geographical boundaries of this state but who
otherwise meets the requirements of this section shall have the
same rights under this chapter as if the crime had occurred
within this state upon a showing that the state, territory, or
United States possession in which the crime occurred does not
have a crime victim reparations law covering the resident's
injury or death.
(b) Notwithstanding paragraph (a), a Minnesota resident who
is the victim of a crime involving international terrorism who
otherwise meets the requirements of this section, has the same
rights under this chapter as if the crime had occurred within
this state regardless of where the crime occurred or whether the
jurisdiction has a crime victims reparations law.
Sec. 31. Minnesota Statutes 1996, section 611A.675, is
amended to read:
611A.675 [FUND FOR EMERGENCY NEEDS OF CRIME VICTIMS.]
Subdivision 1. [GRANTS AUTHORIZED.] The crime victims
reparations board victim and witness advisory council shall make
grants to local law enforcement agencies prosecutors and victim
assistance programs for the purpose of providing emergency
assistance to victims. As used in this section, "emergency
assistance" includes but is not limited to:
(1) replacement of necessary property that was lost,
damaged, or stolen as a result of the crime;
(2) purchase and installation of necessary home security
devices; and
(3) transportation to locations related to the victim's
needs as a victim, such as medical facilities and facilities of
the criminal justice system;
(4) cleanup of the crime scene; and
(5) reimbursement for reasonable travel and living expenses
the victim incurred to attend court proceedings that were held
at a location other than the place where the crime occurred due
to a change of venue.
Subd. 2. [APPLICATION FOR GRANTS.] A city or county
sheriff or the chief administrative officer of a municipal
police department attorney's office or victim assistance program
may apply to the board council for a grant for any of the
purposes described in subdivision 1 or for any other emergency
assistance purpose approved by the board council. The
application must be on forms and pursuant to procedures
developed by the board council. The application must describe
the type or types of intended emergency assistance, estimate the
amount of money required, and include any other information
deemed necessary by the board council.
Subd. 3. [REPORTING BY LOCAL AGENCIES REQUIRED.] A city or
county sheriff or chief administrative officer of a municipal
police department who attorney's office or victim assistance
program that receives a grant under this section shall report
all expenditures to the board on a quarterly basis. The sheriff
or chief administrative officer shall also file an annual report
with the board council itemizing the expenditures made during
the preceding year, the purpose of those expenditures, and the
ultimate disposition, if any, of each assisted victim's criminal
case.
Subd. 4. [REPORT TO LEGISLATURE.] On or before February 1,
1997 1999, the board council shall report to the chairs of the
senate crime prevention and house of representatives judiciary
committees on the implementation, use, and administration of the
grant program created under this section.
Sec. 32. Minnesota Statutes 1996, section 611A.71,
subdivision 5, is amended to read:
Subd. 5. [DUTIES.] The council shall:
(1) review on a regular basis the treatment of victims by
the criminal justice system and the need and availability of
services to victims;
(2) advise the agency designated by the governor to apply
for victim assistance program grants under chapter 14 of Public
Law Number 98-473, in the coordination and allocation of federal
funds for crime victims assistance programs;
(3) advocate necessary changes and monitor victim-related
legislation;
(4) provide information, training, and technical assistance
to state and local agencies and groups involved in victim and
witness assistance;
(5) serve as a clearinghouse for information concerning
victim and witness programs;
(6) develop guidelines for the implementation of victim and
witness assistance programs and aid in the creation and
development of programs;
(7) coordinate the development and implementation of
policies and guidelines for the treatment of victims and
witnesses, and the delivery of services to them; and
(8) develop ongoing public awareness efforts and programs
to assist victims; and
(9) administer the grant program described in section
611A.675.
Sec. 33. Minnesota Statutes 1996, section 611A.71,
subdivision 7, is amended to read:
Subd. 7. [EXPIRATION.] The council expires on June 30,
1997 2001.
Sec. 34. Minnesota Statutes 1996, section 611A.74,
subdivision 1, is amended to read:
Subdivision 1. [CREATION.] The office of crime victim
ombudsman for Minnesota is created. The ombudsman shall be
appointed by the commissioner of public safety with the advice
of the advisory council, and governor, shall serve in the
unclassified service at the pleasure of the commissioner
governor and shall be selected without regard to political
affiliation. No person may serve as ombudsman while holding any
other public office. The ombudsman is directly accountable to
the commissioner of public safety and governor. The ombudsman
shall have the authority to investigate decisions, acts, and
other matters of the criminal justice system so as to promote
the highest attainable standards of competence, efficiency, and
justice for crime victims in the criminal justice system.
Sec. 35. Minnesota Statutes 1996, section 611A.74, is
amended by adding a subdivision to read:
Subd. 1a. [ORGANIZATION OF OFFICE.] (a) The ombudsman may
appoint employees necessary to discharge responsibilities of the
office. The ombudsman may delegate to staff members any of the
ombudsman's authority or duties except the duties of formally
making recommendations to appropriate authorities and reports to
the office of the governor or to the legislature.
(b) The commissioner of public safety shall provide office
space and administrative support services to the ombudsman and
the ombudsman's staff.
Sec. 36. Minnesota Statutes 1996, section 611A.74,
subdivision 3, is amended to read:
Subd. 3. [POWERS.] The crime victim ombudsman has those
powers necessary to carry out the duties set out in
subdivision 1 2, including:
(a) The ombudsman may investigate, with or without a
complaint, any action of an element of the criminal justice
system or a victim assistance program included in subdivision 2.
(b) The ombudsman may request and shall be given access to
information and assistance the ombudsman considers necessary for
the discharge of responsibilities. The ombudsman may inspect,
examine, and be provided copies of records and documents of all
elements of the criminal justice system and victim assistance
programs. The ombudsman may request and shall be given access
to police reports pertaining to juveniles and juvenile
delinquency petitions, notwithstanding section 260.161. Any
information received by the ombudsman retains its data
classification under chapter 13 while in the ombudsman's
possession. Juvenile records obtained under this subdivision
may not be released to any person.
(c) The ombudsman may prescribe the methods by which
complaints are to be made, received, and acted upon; may
determine the scope and manner of investigations to be made; and
subject to the requirements of sections 611A.72 to 611A.74, may
determine the form, frequency, and distribution of ombudsman
conclusions, recommendations, and proposals.
(d) After completing investigation of a complaint, the
ombudsman shall inform in writing the complainant, the
investigated person or entity, and other appropriate authorities
of the action taken. If the complaint involved the conduct of
an element of the criminal justice system in relation to a
criminal or civil proceeding, the ombudsman's findings shall be
forwarded to the court in which the proceeding occurred.
(e) Before announcing a conclusion or recommendation that
expressly or impliedly criticizes an administrative agency or
any person, the ombudsman shall consult with that agency or
person.
Sec. 37. Minnesota Statutes 1996, section 611A.75, is
amended to read:
611A.75 [REPORT TO LEGISLATURE.]
The commissioner of public safety shall report to the
legislature biennially on the activities of crime victim
programs under chapter 611A; except that the crime victim
ombudsman shall report to the legislature biennially on the
activities of the office of crime victim ombudsman.
Sec. 38. Minnesota Statutes 1996, section 629.725, is
amended to read:
629.725 [NOTICE TO CRIME VICTIM REGARDING BAIL HEARING OF
ARRESTED OR DETAINED PERSON.]
When a person arrested or a juvenile detained for a crime
of violence or an attempted crime of violence is scheduled to be
reviewed under section 629.715 for release from pretrial
detention, the court shall make a reasonable and good faith
effort to notify the victim of the alleged crime. If the victim
is incapacitated or deceased, notice must be given to the
victim's family. If the victim is a minor, notice must be given
to the victim's parent or guardian. The notification must
include:
(1) the date and approximate time of the review;
(2) the location where the review will occur;
(3) the name and telephone number of a person that can be
contacted for additional information; and
(4) a statement that the victim and the victim's family may
attend the review.
As used in this section, "crime of violence" has the
meaning given it in section 624.712, subdivision 5, and also
includes section 609.21, gross misdemeanor violations of section
609.224, and nonfelony violations of sections 518B.01, 609.2231,
609.3451, 609.748, and 609.749.
Sec. 39. Minnesota Statutes 1996, section 631.52,
subdivision 2, is amended to read:
Subd. 2. [APPLICATION.] Subdivision 1 applies to the
following crimes or similar crimes under the laws of the United
States or any other state:
(1) murder in the first, second, or third degree under
section 609.185, 609.19, or 609.195;
(2) manslaughter in the first degree under section 609.20;
(3) assault in the first, second, or third degree under
section 609.221, 609.222, or 609.223;
(4) kidnapping under section 609.25;
(5) depriving another of custodial or parental rights under
section 609.26;
(6) soliciting, inducing, or promoting prostitution
involving a minor under section 609.322;
(7) receiving profit from prostitution involving a minor
under section 609.323;
(8) criminal sexual conduct in the first degree under
section 609.342;
(9) criminal sexual conduct in the second degree under
section 609.343;
(10) criminal sexual conduct in the third degree under
section 609.344, subdivision 1, paragraph (c), (f), or (g);
(11) solicitation of a child to engage in sexual conduct
under section 609.352;
(12) incest under section 609.365;
(13) malicious punishment of a child under section 609.377;
or
(14) neglect of a child under section 609.378;
(15) terroristic threats under section 609.713; or
(16) felony harassment or stalking under section 609.749.
Sec. 40. [COMBINED JURISDICTION FAMILY COURT.]
(a) Notwithstanding Minnesota Statutes, sections 260.031,
subdivision 4, and 484.70, subdivisions 6 and 7, paragraphs (d)
and (e), the supreme court may implement pilot projects to
improve the resolution of family issues, including domestic
abuse, by assigning related family, probate, and juvenile court
matters, other than delinquency proceedings, to a single judge.
The projects must include orders for protection and related
domestic abuse issues and address methods for improving
continuity and consistency with respect to consideration of
domestic abuse issues in different proceedings involving the
same family or household members. One pilot project shall be
established in the second judicial district and the other pilot
project shall be established in a rural district.
(b) The supreme court is requested to report to the chairs
of the senate and house judiciary committees on the
effectiveness of the pilot projects in resolving family issues
when the projects are completed or by January 15, 2000,
whichever is earlier.
Sec. 41. [EFFECTIVE DATE; APPLICABILITY.]
Sections 2, 3, 26, 27, 31, 37, and 40 are effective July 1,
1997. Sections 1, 4 to 11, 14, 19, 20, 22, 28 to 30, and 39 are
effective August 1, 1997. Sections 13, 16 to 18, 24, 25, and 38
are effective August 1, 1997, and apply to offenses committed on
or after that date. Sections 12, 15, 21, and 23 are effective
August 1, 1997, and apply to proceedings committed on or after
that date. The individual who occupies the position of crime
victim ombudsman before the effective date shall continue in
that position unless replaced by the governor.
ARTICLE 8
PUBLIC SAFETY
Section 1. Minnesota Statutes 1996, section 13.99, is
amended by adding a subdivision to read:
Subd. 90b. [CRIMINAL GANG INVESTIGATIVE DATA SYSTEM.] Data
in the criminal gang investigative data system are classified in
section 299C.091.
Sec. 2. Minnesota Statutes 1996, section 171.29,
subdivision 2, is amended to read:
Subd. 2. [FEES, ALLOCATION.] (a) A person whose driver's
license has been revoked as provided in subdivision 1, except
under section 169.121 or 169.123, shall pay a $30 fee before the
driver's license is reinstated.
(b) A person whose driver's license has been revoked as
provided in subdivision 1 under section 169.121 or 169.123 shall
pay a $250 fee plus a $10 surcharge before the driver's license
is reinstated. The $250 fee is to be credited as follows:
(1) Twenty percent shall be credited to the trunk highway
fund.
(2) Fifty-five percent shall be credited to the general
fund.
(3) Eight percent shall be credited to a separate account
to be known as the bureau of criminal apprehension account.
Money in this account may be appropriated to the commissioner of
public safety and the appropriated amount shall be apportioned
80 percent for laboratory costs and 20 percent for carrying out
the provisions of section 299C.065.
(4) Twelve percent shall be credited to a separate account
to be known as the alcohol-impaired driver education account.
Money in the account may be appropriated to the commissioner of
children, families, and learning for programs in elementary and
secondary schools.
(5) Five percent shall be credited to a separate account to
be known as the traumatic brain injury and spinal cord injury
account. $100,000 is annually appropriated from the account to
the commissioner of human services for traumatic brain injury
case management services. The remaining money in the account is
annually appropriated to the commissioner of health to establish
and maintain the traumatic brain injury and spinal cord injury
registry created in section 144.662 and to reimburse the
commissioner of economic security for the reasonable cost of
services provided under section 268A.03, clause (o).
(c) The $10 surcharge shall be credited to a separate
account to be known as the remote electronic alcohol monitoring
pilot program account. Up to $250,000 is annually appropriated
from this account to the commissioner of corrections for a
remote electronic alcohol monitoring pilot program. The
unencumbered balance remaining in the first year of the biennium
does not cancel but is available for the second year. The
commissioner shall transfer the balance of this account to the
commissioner of finance on a monthly basis for deposit in the
general fund.
Sec. 3. Minnesota Statutes 1996, section 260.161,
subdivision 3, is amended to read:
Subd. 3. [PEACE OFFICER RECORDS OF CHILDREN.] (a) Except
for records relating to an offense where proceedings are public
under section 260.155, subdivision 1, peace officers' records of
children who are or may be delinquent or who may be engaged in
criminal acts shall be kept separate from records of persons 18
years of age or older and are private data but shall be
disseminated: (1) by order of the juvenile court, (2) as
required by section 126.036, (3) as authorized under section
13.82, subdivision 2, (4) to the child or the child's parent or
guardian unless disclosure of a record would interfere with an
ongoing investigation, or (5) as otherwise provided in this
subdivision. Except as provided in paragraph (c), no
photographs of a child taken into custody may be taken without
the consent of the juvenile court unless the child is alleged to
have violated section 169.121 or 169.129. Peace officers'
records containing data about children who are victims of crimes
or witnesses to crimes must be administered consistent with
section 13.82, subdivisions 2, 3, 4, and 10. Any person
violating any of the provisions of this subdivision shall be
guilty of a misdemeanor.
In the case of computerized records maintained about
juveniles by peace officers, the requirement of this subdivision
that records about juveniles must be kept separate from adult
records does not mean that a law enforcement agency must keep
its records concerning juveniles on a separate computer system.
Law enforcement agencies may keep juvenile records on the same
computer as adult records and may use a common index to access
both juvenile and adult records so long as the agency has in
place procedures that keep juvenile records in a separate place
in computer storage and that comply with the special data
retention and other requirements associated with protecting data
on juveniles.
(b) Nothing in this subdivision prohibits the exchange of
information by law enforcement agencies if the exchanged
information is pertinent and necessary to the requesting agency
in initiating, furthering, or completing a criminal
investigation for law enforcement purposes.
(c) A photograph may be taken of a child taken into custody
pursuant to section 260.165, subdivision 1, clause (b), provided
that the photograph must be destroyed when the child reaches the
age of 19 years. The commissioner of corrections may photograph
juveniles whose legal custody is transferred to the
commissioner. Photographs of juveniles authorized by this
paragraph may be used only for institution management purposes,
case supervision by parole agents, and to assist law enforcement
agencies to apprehend juvenile offenders. The commissioner
shall maintain photographs of juveniles in the same manner as
juvenile court records and names under this section.
(d) Traffic investigation reports are open to inspection by
a person who has sustained physical harm or economic loss as a
result of the traffic accident. Identifying information on
juveniles who are parties to traffic accidents may be disclosed
as authorized under section 13.82, subdivision 4, and accident
reports required under section 169.09 may be released under
section 169.09, subdivision 13, unless the information would
identify a juvenile who was taken into custody or who is
suspected of committing an offense that would be a crime if
committed by an adult, or would associate a juvenile with the
offense, and the offense is not a minor traffic offense under
section 260.193.
(e) A law enforcement agency shall notify the principal or
chief administrative officer of a juvenile's school of an
incident occurring within the agency's jurisdiction if:
(1) the agency has probable cause to believe that the
juvenile has committed an offense that would be a crime if
committed as an adult, that the victim of the offense is a
student or staff member of the school, and that notice to the
school is reasonably necessary for the protection of the victim;
or
(2) the agency has probable cause to believe that the
juvenile has committed an offense described in subdivision 1b,
paragraph (a), clauses (1) to (3), that would be a crime if
committed by an adult, regardless of whether the victim is a
student or staff member of the school.
A law enforcement agency is not required to notify the
school under this paragraph if the agency determines that notice
would jeopardize an ongoing investigation. Notwithstanding
section 138.17, data from a notice received from a law
enforcement agency under this paragraph must be destroyed when
the juvenile graduates from the school or at the end of the
academic year when the juvenile reaches age 23, whichever date
is earlier. For purposes of this paragraph, "school" means a
public or private elementary, middle, or secondary school.
(f) In any county in which the county attorney operates or
authorizes the operation of a juvenile prepetition or pretrial
diversion program, a law enforcement agency or county attorney's
office may provide the juvenile diversion program with data
concerning a juvenile who is a participant in or is being
considered for participation in the program.
(g) Upon request of a local social service agency, peace
officer records of children who are or may be delinquent or who
may be engaged in criminal acts may be disseminated to the
agency to promote the best interests of the subject of the data.
Sec. 4. Minnesota Statutes 1996, section 260.161,
subdivision 1, is amended to read:
Subdivision 1. [RECORDS REQUIRED TO BE KEPT.] (a) The
juvenile court judge shall keep such minutes and in such manner
as the court deems necessary and proper. Except as provided in
paragraph (b), the court shall keep and maintain records
pertaining to delinquent adjudications until the person reaches
the age of 28 years and shall release the records on an
individual to another juvenile court that has jurisdiction of
the juvenile, to a requesting adult court for purposes of
sentencing, or to an adult court or juvenile court as required
by the right of confrontation of either the United States
Constitution or the Minnesota Constitution. The juvenile court
shall provide, upon the request of any other juvenile court,
copies of the records concerning adjudications involving the
particular child. The court also may provide copies of records
concerning delinquency adjudications, on request, to law
enforcement agencies, probation officers, and corrections agents
if the court finds that providing these records serves public
safety or is in the best interests of the child. Until July 1,
1999, juvenile court delinquency proceeding records of
adjudications, court transcripts, and delinquency petitions,
including any probable cause attachments that have been filed or
police officer reports relating to a petition, must be released
to requesting law enforcement agencies and prosecuting
authorities for purposes of investigating and prosecuting
violations of section 609.229, provided that psychological or
mental health reports may not be included with those records.
The records have the same data classification in the hands of
the agency receiving them as they had in the hands of the court.
The court shall also keep an index in which files
pertaining to juvenile matters shall be indexed under the name
of the child. After the name of each file shall be shown the
file number and, if ordered by the court, the book and page of
the register in which the documents pertaining to such file are
listed. The court shall also keep a register properly indexed
in which shall be listed under the name of the child all
documents filed pertaining to the child and in the order filed.
The list shall show the name of the document and the date of
filing thereof. The juvenile court legal records shall be
deposited in files and shall include the petition, summons,
notice, findings, orders, decrees, judgments, and motions and
such other matters as the court deems necessary and proper.
Unless otherwise provided by law, all court records shall be
open at all reasonable times to the inspection of any child to
whom the records relate, and to the child's parent and guardian.
(b) The court shall retain records of the court finding
that a juvenile committed an act that would be a felony or gross
misdemeanor level offense until the offender reaches the age of
28. If the offender commits a felony as an adult, or the court
convicts a child as an extended jurisdiction juvenile, the court
shall retain the juvenile records for as long as the records
would have been retained if the offender had been an adult at
the time of the juvenile offense. This paragraph does not apply
unless the juvenile was provided counsel as required by section
260.155, subdivision 2.
Sec. 5. Minnesota Statutes 1996, section 260.161,
subdivision 1a, is amended to read:
Subd. 1a. [RECORD OF FINDINGS.] (a) The juvenile court
shall forward to the bureau of criminal apprehension the
following data in juvenile petitions involving felony- or gross
misdemeanor-level offenses:
(1) the name and birthdate of the juvenile, including any
of the juvenile's known aliases or street names;
(2) the act for which the juvenile was petitioned and date
of the offense; and
(3) the date and county where the petition was filed.
(b) Upon completion of the court proceedings, the court
shall forward the court's finding and case disposition to the
bureau. Notwithstanding section 138.17, if the petition was
dismissed or the juvenile was not found to have committed a
gross misdemeanor or felony-level offense, the bureau and a
person who received the data from the bureau shall destroy all
data relating to the petition collected under paragraph (a).
The bureau shall notify a person who received the data that the
data must be destroyed.
(c) The bureau shall retain data on a juvenile found to
have committed a felony- or gross misdemeanor-level offense
until the offender reaches the age of 28. If the offender
commits a felony violation 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.
The court shall specify whether:
(1) the juvenile was referred to a diversion program;
(2) the petition was dismissed, continued for dismissal, or
continued without adjudication; or
(3) the juvenile was adjudicated delinquent.
(d) (c) The juvenile court shall forward to the bureau, the
sentencing guidelines commission, and the department of
corrections 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;
(3) the date and county of the conviction; and
(4) the case disposition.
The court shall notify the bureau, the sentencing
guidelines commission, and the department of corrections
whenever it executes an extended jurisdiction juvenile's adult
sentence under section 260.126, subdivision 5.
(e) (d) The bureau, sentencing guidelines commission, and
the department of corrections 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. 6. [299A.465] [CONTINUED HEALTH INSURANCE COVERAGE TO
DISABLED.]
Subdivision 1. [OFFICER OR FIREFIGHTER DISABLED IN LINE OF
DUTY.] (a) This subdivision applies when a peace officer or
firefighter suffers a disabling injury that:
(1) results in the officer's or firefighter's retirement or
separation from service;
(2) occurs while the officer or firefighter is acting in
the course and scope of duties as a peace officer or
firefighter; and
(3) the officer or firefighter has been approved to receive
the officer's or firefighter's duty-related disability pension.
(b) The officer's or firefighter's employer shall continue
to provide health coverage for:
(1) the officer or firefighter; and
(2) the officer's or firefighter's dependents if the
officer or firefighter was receiving dependent coverage at the
time of the injury under the employer's group health plan.
(c) The employer is responsible for the continued payment
of the employer's contribution for coverage of the officer or
firefighter and, if applicable, the officer's or firefighter's
dependents. Coverage must continue for the officer or
firefighter and, if applicable, the officer's or firefighter's
dependents until the officer or firefighter reaches the age of
65. However, coverage for dependents does not have to be
continued after the person is no longer a dependent.
Subd. 2. [OFFICER OR FIREFIGHTER KILLED IN LINE OF
DUTY.] (a) This subdivision applies when a peace officer or
firefighter is killed while on duty and discharging the
officer's or firefighter's duties as a peace officer or
firefighter.
(b) The officer's or firefighter's employer shall continue
to cover the deceased officer's or firefighter's dependents if
the officer or firefighter was receiving dependent coverage at
the time of the officer's or firefighter's death under the
employer's group health plan.
(c) The employer is responsible for the employer's
contribution for the coverage of the officer's or firefighter's
dependents. Coverage must continue for a dependent of the
officer or firefighter for the period of time that the person is
a dependent up to the age of 65.
Subd. 3. [COORDINATION OF BENEFITS.] Health insurance
benefits payable to the officer or firefighter and the officer's
or firefighter's dependents from any other source provide the
primary coverage, and coverage available under this section is
secondary.
Subd. 4. [PUBLIC EMPLOYER REIMBURSEMENT.] A public
employer subject to this section may annually apply to the
commissioner of public safety for reimbursement of its costs of
complying with this section. The commissioner shall provide
reimbursement to the public employer out of the public safety
officer's benefit account.
Subd. 5. [DEFINITION.] For purposes of this section:
(a) "Peace officer" or "officer" has the meaning given in
section 626.84, subdivision 1, paragraph (c).
(b) "Dependent" means a person who meets the definition of
dependent in section 62L.02, subdivision 11, at the time of the
officer's or firefighter's injury or death. A person is not a
dependent for purposes of this section during the period of time
the person is covered under another group health plan.
(c) "Firefighter" has the meaning given in section 424.03,
but does not include volunteer firefighters.
Sec. 7. Minnesota Statutes 1996, section 299A.61,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] The commissioner of public
safety, in cooperation with the commissioner of administration,
shall develop and maintain an integrated criminal alert network
to facilitate the communication of crime prevention information
by electronic means among state agencies, law enforcement
officials, and the private sector. The network shall
disseminate data regarding the commission of crimes, including
information on missing and endangered children, and attempt to
reduce theft and other crime by the use of electronic
transmission of information. In addition, the commissioner
shall evaluate the feasibility of using the network to
disseminate data regarding the use of fraudulent checks and the
coordination of security and antiterrorism efforts with the
Federal Bureau of Investigation. If the commissioner determines
that one or both of these uses are feasible, the commissioner
shall ensure that the network disseminates data in the area or
areas determined to be feasible.
Sec. 8. [299A.625] [CRIMINAL GANG COUNCIL AND STRIKE
FORCE.]
Subdivision 1. [MEMBERSHIP OF COUNCIL.] The criminal gang
oversight council consists of the following individuals or their
designees: the commissioner of public safety; the commissioner
of corrections; the superintendent of the bureau of criminal
apprehension; the attorney general; the chief law enforcement
officers for Minneapolis, St. Paul, St. Cloud, and Duluth; a
chief of police selected by the president of the Minnesota
chiefs of police association; two sheriffs, one from a county in
the seven-county metropolitan area other than Hennepin or Ramsey
county and the other from a county outside the metropolitan
area, both selected by the president of the Minnesota sheriffs
association; the executive director of the Minnesota police and
peace officers association; and the Hennepin, Ramsey, St. Louis,
and Olmsted county sheriffs. The council may select a chair
from among its members.
Subd. 2. [STATEWIDE GANG STRATEGY.] (a) The council shall
develop an overall strategy to eliminate the harm caused to the
public by criminal gangs and their illegal activities within the
state of Minnesota. In developing the strategy, the council
shall consult with representatives from the community services
division of the Minnesota department of corrections and federal
probation officers employed by the United States district court
of Minnesota. As far as practicable, the strategy must address
all criminal gangs operating in the state regardless of location
or the motivation or ethnicity of the gangs' members. The
strategy must address criminal gangs in both the metropolitan
area and greater Minnesota. The council shall consult with and
take into account the needs of law enforcement agencies and
prosecutorial offices in greater Minnesota in developing the
strategy. The strategy must target individuals or groups based
on their criminal behavior, not their physical appearance. The
strategy must take into account the rights of groups and
individuals that the strike force may target and protect against
abuses of these rights.
(b) In addition to developing the strategy described in
paragraph (a), the council shall develop criteria and
identifying characteristics for use in determining whether
individuals are or may be members of gangs involved in criminal
activity. The council shall also develop procedures and
criteria for the investigation of criminal gangs and crimes
committed by those gangs throughout the state.
Subd. 3. [CRIMINAL GANG STRIKE FORCE.] The council shall
oversee the organization and deployment of a statewide criminal
gang strike force. The strike force must consist of law
enforcement officers, bureau of criminal apprehension agents, an
assistant attorney general, and a communications and
intelligence network. The council shall select the members of
the strike force who shall serve at the pleasure of the council.
The council shall ensure that all law enforcement officers
selected to join the strike force are licensed peace officers or
federal law enforcement agents found by the Minnesota board of
peace officer standards and training to have equivalent
qualifications. In selecting members of the strike force, the
council shall consult with chiefs of local law enforcement
agencies, sheriffs, and other interested parties. The council
shall request these individuals to recommend willing and
experienced persons under their jurisdiction who would help the
strike force and to permit those persons to join it. To the
greatest extent possible, entities contributing members to the
strike force are encouraged to also contribute equipment and
other support. The council shall attempt to ensure that these
entities do so.
Subd. 4. [STRIKE FORCE DUTIES.] The strike force shall
implement the strategy developed by the council and is
responsible for tactical decisions regarding implementation of
the strategy. In addition and upon request, the strike force
shall assist and train local governmental units, law enforcement
agencies, and prosecutors' offices in methods to identify
criminal gangs and gang members. To the greatest extent
possible, the strike force shall operate as a cohesive unit
exclusively for the purposes listed in this section. If
regional units are established under subdivision 7, the council
shall ensure that the existence and operation of these units do
not impair the overall goal of a uniform statewide strategy to
combat crimes committed by gangs.
Subd. 5. [SERVICE; TRANSFERS.] To the greatest extent
possible, members of the strike force shall serve on the force
for the entirety of its existence. Members continue to be
employed by the same entity by which they were employed before
joining the strike force. While serving on the strike force,
however, members are under the exclusive command of the strike
force. A member who desires to be transferred back to the
position the member held before joining the strike force may
request a transfer from the council. The council shall approve
and arrange for the requested transfer as soon as is
practicable. The person in charge of the organization from
which the member came also may request that a member be
transferred back. In these instances, the council shall approve
and arrange for the requested transfer immediately or as soon as
is practicable. If a member is transferred from the strike
force, the person in charge of the organization from which the
member came shall arrange for an experienced individual,
acceptable to the council, to replace the transferred person on
the strike force. If this arrangement cannot be made, any grant
received under section 299A.627, subdivision 1, must be repaid
on a prorated basis.
Subd. 6. [COMMANDERS.] The council shall designate a
member of the strike force to be its commander and may appoint
an individual assigned to a regional unit established under
subdivision 7 to be the commander of the regional unit.
Subd. 7. [REGIONAL UNITS.] If the council at any time
determines that it would be more effective and efficient to have
distinct units within the strike force concentrating on specific
areas, it may establish regional units within the strike force
and select their members. If the council chooses to do so, the
other provisions of this section still apply to the individual
units, and the council still has the duty and authority to
develop necessary procedures and criteria for and to oversee the
operation of each individual unit. The council may continue to
alter the structure of the strike force and any units composing
it in any way designed to further its effectiveness and to carry
out the intent of this section.
Subd. 8. [ROLE OF ASSISTANT ATTORNEY GENERAL.] The
assistant attorney general assigned to the strike force shall
generally advise the council on any matters that the council
deems appropriate. The council may seek advice from other
attorneys and, if the council decides it would be appropriate,
may retain outside counsel. The assistant attorney general
shall train local prosecutors in prosecuting cases involving
criminal gangs and in interviewing witnesses and victims and
shall cooperate with other strike force members in developing
and building strong cases.
Subd. 9. [ATTORNEY GENERAL; COMMUNITY LIAISON.] The
attorney general or a designee shall serve as a liaison between
the criminal gang oversight council and the councils created in
sections 3.922, 3.9223, 3.9225, and 3.9226. The attorney
general or the designee will be responsible for:
(1) informing the councils of the criminal gang oversight
council's plans, activities, and decisions and hearing their
reactions to those plans, activities, and decisions; and
(2) providing the criminal gang oversight council with
information about the councils' position on the oversight
council's plans, activities, and decisions.
In no event is the criminal gang oversight council required
to disclose the names of individuals identified by it to the
councils referenced in this subdivision.
Nothing in this subdivision changes the data classification
of any data held by the oversight council.
Subd. 10. [REQUIRED REPORT.] By February 1 of each year,
the council shall report to the chairs of the senate and house
of representatives committees and divisions having jurisdiction
over criminal justice policy and funding on the activities of
the council and strike force.
Sec. 9. [299A.626] [JURISDICTION AND LIABILITY.]
Subdivision 1. [STATEWIDE JURISDICTION.] Law enforcement
officers who are members of the criminal gang strike force have
statewide jurisdiction to conduct criminal investigations and
possess the same powers of arrest as those possessed by a
sheriff.
Subd. 2. [LIABILITY AND WORKERS' COMPENSATION.] While
operating under the scope of this section, members of the strike
force are "employees of the state" as defined in section 3.736
and are considered employees of the department of public safety
for purposes of chapter 176.
Sec. 10. [299A.627] [GRANT PROGRAMS.]
Subdivision 1. [REIMBURSEMENT GRANTS AUTHORIZED.] The
commissioner of public safety, upon recommendation of the
council, may award grants to local law enforcement agencies,
sheriff's offices, and other organizations that have contributed
members to the criminal gang strike force to hire new persons to
replace those who have joined the force. A grant may cover a
two-year period and reimburse the recipient for a maximum of 100
percent of the salary of the person contributed to the strike
force. A recipient of a grant under this subdivision must use
the money to hire a new person to replace the person who has
joined the strike force, thus keeping its complement of
employees at the same level. The money may not be used to pay
for equipment or uniforms.
Subd. 2. [GRANTS TO EXPAND LOCAL CAPACITY TO COMBAT
CRIMINAL GANGS.] (a) The commissioner of public safety, upon
recommendation of the council, may award grants to local law
enforcement agencies and city and county attorneys' offices to
expand the agency's or office's capacity to successfully
investigate and prosecute crimes committed by criminal gangs.
(b) Grant applicants under this subdivision shall submit to
the commissioner and the council a detailed plan describing the
uses for which the money will be put. The commissioner and the
council shall evaluate grant applications and award grants in a
manner that will best ensure positive results. The commissioner
may award grants to purchase necessary equipment and to develop
or upgrade computer systems if the commissioner determines that
those uses would best aid the recipient's attempts to combat
criminal gangs. The commissioner shall require recipients of
grants to provide follow-up reports to the council detailing the
success of the recipient in combating criminal gangs.
(c) The commissioner shall condition grants made under this
subdivision to require that recipients agree to cooperate with
the council and the bureau of criminal apprehension in
establishing and expanding the criminal gang investigative data
system described in section 299C.091 and in implementing the
strategy developed by the council to combat criminal gangs.
Grant recipients must agree to provide the council and bureau
with any requested information regarding the activities and
characteristics of criminal gangs and gang members operating
within their jurisdictions.
Sec. 11. Minnesota Statutes 1996, section 299A.63,
subdivision 4, is amended to read:
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 chapter 617, and misdemeanor
prosecutions under chapter 609.
(b) The attorney general shall develop may assist cities in
developing 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. 12. [299C.091] [CRIMINAL GANG INVESTIGATIVE DATA
SYSTEM.]
Subdivision 1. [ESTABLISHMENT.] The bureau shall
administer and maintain a computerized criminal gang
investigative data system for the purpose of assisting criminal
justice agencies in the investigation and prosecution of
criminal activity by gang members. The system consists of data
on individuals whom law enforcement agencies determine are or
may be engaged in criminal gang activity. Notwithstanding
section 260.161, subdivision 3, data on adults and juveniles in
the system and data documenting an entry in the system may be
maintained together. Data in the system must be submitted and
maintained as provided in this section.
Subd. 2. [ENTRY OF DATA INTO SYSTEM.] (a) A law
enforcement agency may submit data on an individual to the
criminal gang investigative data system only if the agency
obtains and maintains the documentation required under this
subdivision. Documentation may include data obtained from other
criminal justice agencies, provided that a record of all of the
documentation required under paragraph (b) is maintained by the
agency that submits the data to the bureau. Data maintained by
a law enforcement agency to document an entry in the system are
confidential data on individuals as defined in section 13.02,
subdivision 3, but may be released to criminal justice agencies.
(b) A law enforcement agency may submit data on an
individual to the bureau for inclusion in the system if the
individual is 14 years of age or older and the agency has
documented that:
(1) the individual has met at least three of the criteria
or identifying characteristics of gang membership developed by
the criminal gang oversight council under section 299A.626 as
required by the council; and
(2) the individual has been convicted of a gross
misdemeanor or felony or has been adjudicated or has a stayed
adjudication as a juvenile for an offense that would be a gross
misdemeanor or felony if committed by an adult.
Subd. 3. [CLASSIFICATION OF DATA IN SYSTEM.] Data in the
criminal gang investigative data system are confidential data on
individuals as defined in section 13.02, subdivision 3, but are
accessible to law enforcement agencies and may be released to
the criminal justice agencies.
Subd. 4. [AUDIT OF DATA SUBMITTED TO SYSTEM.] The bureau
shall conduct periodic random audits of data under subdivision 2
that documents inclusion of an individual in the criminal gang
investigative data system for the purpose of determining the
validity, completeness, and accuracy of data submitted to the
system. The bureau has access to the documenting data for
purposes of conducting an audit.
Subd. 5. [REMOVAL OF DATA FROM SYSTEM.] Notwithstanding
section 138.17, the bureau shall destroy data entered into the
system when three years have elapsed since the data were entered
into the system, except as otherwise provided in this
subdivision. If the bureau has information that the individual
has been convicted as an adult, or has been adjudicated or has a
stayed adjudication as a juvenile for an offense that would be a
crime if committed by an adult, since entry of the data into the
system, the data must be maintained until three years have
elapsed since the last record of a conviction or adjudication or
stayed adjudication of the individual. Upon request of the law
enforcement agency that submitted data to the system, the bureau
shall destroy the data regardless of whether three years have
elapsed since the data were entered into the system.
Sec. 13. Minnesota Statutes 1996, section 299C.095, is
amended to read:
299C.095 [SYSTEM FOR IDENTIFICATION OF JUVENILE OFFENDERS.]
Subdivision 1. [ACCESS.] (a) The bureau shall administer
and maintain the computerized juvenile history record system
based on section 260.161 and other statutes requiring the
reporting of data on juveniles. The data in the system are
private data as defined in section 13.02, subdivision 12, but
are accessible to criminal justice agencies as defined in
section 13.02, subdivision 3a, to all trial courts and appellate
courts, to a person who has access to the juvenile court records
as provided in section 260.161 or under court rule and to
criminal justice agencies in other states in the conduct of
their official duties.
(b) Except for access authorized under paragraph (a), the
bureau shall only disseminate a juvenile adjudication history
record in connection with a background check required by statute
or rule and performed on a licensee, license applicant, or
employment applicant or performed under section 624.713. A
consent for release of information from an individual who is the
subject of a juvenile adjudication history is not effective and
the bureau shall not release a juvenile adjudication history
record and shall not release information in a manner that
reveals the existence of the record.
Subd. 2. [RETENTION.] (a) Notwithstanding section 138.17,
the bureau shall retain juvenile history records for the time
periods provided in this subdivision. Notwithstanding contrary
provisions of paragraphs (b) to (e), all data in a juvenile
history record must be retained for the longest time period
applicable to any item in the individual juvenile history
record. If, before data are destroyed under this subdivision,
the subject of the data is convicted of a felony as an adult,
the individual's juvenile history record must be retained for
the same time period as an adult criminal history record.
(b) Juvenile history data on a child who was arrested must
be destroyed six months after the arrest if the child has not
been referred to a diversion program and no petition has been
filed against the child by that time.
(c) Juvenile history data on a child against whom a
delinquency petition was filed and subsequently dismissed must
be destroyed upon receiving notice from the court that the
petition was dismissed.
(d) Juvenile history data on a child who was referred to a
diversion program or against whom a delinquency petition has
been filed and continued for dismissal must be destroyed when
the child reaches age 21.
(e) Juvenile history data on a child against whom a
delinquency petition was filed and continued without
adjudication, or a child who was found to have committed a
felony or gross misdemeanor-level offense, must be destroyed
when the child reaches age 28. If the offender commits a felony
violation 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.
(f) The bureau shall retain extended jurisdiction juvenile
data on an individual received under section 260.161,
subdivision 1a, paragraph (c), for as long as the data would
have been retained if the offender had been an adult at the time
of the offense.
(g) Data retained on individuals under this subdivision are
private data under section 13.02, except that extended
jurisdiction juvenile data become 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.
(h) A person who receives data on a juvenile under
paragraphs (b) to (e) from the bureau shall destroy the data
according to the schedule in this subdivision. The bureau shall
include a notice of the destruction schedule with all data it
disseminates on juveniles.
Sec. 14. Minnesota Statutes 1996, 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, 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 the following:
(1) persons arrested for a felony, or gross misdemeanor, of
all;
(2) juveniles committing arrested for or alleged to have
committed felonies as distinguished from those committed by
adult offenders, of all;
(3) persons reasonably believed by the arresting officer to
be fugitives from justice, of all;
(4) 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
(5) juveniles referred by a law enforcement agency to a
diversion program for a felony or gross misdemeanor offense.
Within 24 hours thereafter to forward such the fingerprint
records and other identification data specified under this
paragraph must be forwarded to the bureau of criminal
apprehension 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 arrested for
or alleged to have committed targeted misdemeanor offenses,
including violent and enhanceable crimes, and
juveniles committing arrested for or alleged to have committed
gross misdemeanors. In addition, the reporting requirements
shall include any known aliases or street names of the offenders.
For purposes of this section, a targeted misdemeanor is a
misdemeanor violation of section 169.121 (driving while
intoxicated), 518B.01 (order for protection violation), 609.224
(fifth degree assault), 609.2242 (domestic assault), 609.746
(interference with privacy), 609.748 (harassment or restraining
order violation), or 617.23 (indecent exposure).
Sec. 15. Minnesota Statutes 1996, section 299C.10,
subdivision 4, is amended to read:
Subd. 4. [FEE FOR BACKGROUND CHECK; ACCOUNT;
APPROPRIATION.] The superintendent shall collect a fee in an
amount to cover the expense for each background check provided
for a purpose not directly related to the criminal justice
system or required by section 624.7131, 624.7132, or 624.714.
The proceeds of the fee must be deposited in a special account.
Until July 1, 1997, Money in the account is appropriated to the
commissioner to maintain and improve the quality of the criminal
record system in Minnesota.
Sec. 16. Minnesota Statutes 1996, 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, including references to any adult court disposition
data that are not in the criminal history system. 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. 17. Minnesota Statutes 1996, section 299C.65, is
amended by adding a subdivision to read:
Subd. 5. [REVIEW OF FUNDING REQUESTS.] The criminal and
juvenile justice information policy group shall review the
funding requests for criminal justice information systems from
state, county, and municipal government agencies. The policy
group shall review the requests for compatibility to statewide
criminal justice information systems. The review shall be
forwarded to the chairs of the house judiciary committee and
judiciary finance division, and the chairs of the senate crime
prevention committee and crime prevention and judiciary finance
division.
Sec. 18. Minnesota Statutes 1996, section 299D.07, is
amended to read:
299D.07 [HELICOPTERS AND FIXED WING AIRCRAFT.]
The commissioner of public safety is hereby authorized to
retain, acquire, maintain and operate helicopters and fixed wing
aircraft for the purposes of the highway patrol and the Bureau
of Criminal Apprehension and for any other law enforcement
purpose that the commissioner determines is appropriate. The
commissioner also is authorized to employ state patrol officer
pilots as required.
Sec. 19. Minnesota Statutes 1996, section 299F.051, is
amended to read:
299F.051 [TRAINING LOCAL FIREFIGHTERS; PROSECUTORS; AND
PEACE OFFICERS.]
Subdivision 1. [CONTENT TRAINING UNIT.] An arson training
unit is established within the division of fire marshal to
develop and administer arson training courses throughout the
state for law enforcement and fire service personnel and for
prosecutors.
Subd. 1a. [CURRICULUM.] The superintendent of the arson
training unit, in consultation with the bureau of criminal
apprehension, after consultation with the state fire marshal,
the Minnesota peace officers officer standards and training
board, the county attorneys association, the attorney general,
and the state advisory council on fire service education and
research, shall establish the content of a standardized
curriculum to be included in the training programs which shall
be available to firefighters and peace officers from political
subdivisions. The content standardized curriculum shall include
fire scene investigation and preservation of evidence,
interviewing of witnesses and suspects, constitutional limits on
interrogation by sworn and nonsworn officers, and other topics
deemed necessary to successful criminal investigation. and
prosecution. The training program offered to peace officers
shall meet the applicable preservice training requirements
established by the peace officer standards and training board
under section 626.8456.
Subd. 2. [TRAINING LOCATIONS, INSTRUCTORS.] The arson
training unit, in cooperation with the superintendent of the
bureau of criminal apprehension, the board of peace officer
standards and training, the county attorneys association, and
the attorney general, shall provide courses at convenient
locations in the state for training firefighters and, peace
officers, and prosecutors in:
(1) the conduct of investigations following the occurrence
of a fire; and
(2) the prosecution of arson cases.
For this purpose, the superintendent arson training unit
may use the services and employees of the bureau, the state fire
marshal, and the attorney general. In addition, after
consultation with the state fire marshal, the superintendent the
arson training unit is authorized to establish minimum
qualifications for training course instructors, and engage
part-time instructors necessary and proper to furnish the best
possible instruction, subject to the limitation of funds
appropriated and available for expenditure. Laws 1981, chapter
210, sections 1 to 48, shall not apply to the part-time
instructors.
Subd. 3. [IN-SERVICE TRAINING.] The state fire marshal and
the superintendent of arson training unit, in cooperation with
the bureau of criminal apprehension, in cooperation with the
Minnesota board of peace officer standards and training, shall
encourage the establishment of offer in-service and refresher
training for firefighters and peace officers through schools
administered by the state, county, school district,
municipality, or joint or contractual combinations thereof. The
in-service training courses offered for peace officers shall be
eligible for continuing education credit from the Minnesota
board of peace officers officer standards and training shall
report to the governor and legislature on the progress made in
this effort as provided in section 626.843.
Subd. 4. [COOPERATIVE INVESTIGATION; REIMBURSEMENT.] The
state fire marshal and the superintendent of the bureau of
criminal apprehension shall encourage the cooperation of local
firefighters and peace officers in the investigation of
violations of sections 609.561 to 609.576 or other crimes
associated with reported fires in all appropriate ways,
including the providing reimbursement of to political
subdivisions at a rate not to exceed 50 percent of the salaries
of peace officers and firefighters for time spent in attending
fire investigation training courses offered by the bureau arson
training unit. Volunteer firefighters from a political
subdivision shall be reimbursed at the rate of $35 per day plus
expenses incurred in attending fire investigation training
courses offered by the bureau arson training unit.
Reimbursement shall be made only in the event that both a peace
officer and a firefighter from the same political subdivision
attend the same training course. The reimbursement shall be
subject to the limitation of funds appropriated and available
for expenditure. The state fire marshal and the superintendent
also shall encourage local firefighters and peace officers to
seek assistance from the arson strike force established in
section 299F.058.
Sec. 20. [299F.058] [ARSON STRIKE FORCE.]
Subdivision 1. [ARSON STRIKE FORCE.] A multijurisdictional
arson strike force is established to provide expert
investigative and prosecutorial assistance to local agencies on
request in complex or serious cases involving suspected arson.
Subd. 2. [MEMBERSHIP.] (a) The arson strike force consists
of representatives from the following agencies and organizations:
(1) the division of fire marshal;
(2) the bureau of criminal apprehension;
(3) the office of attorney general;
(4) the Minnesota county attorneys association;
(5) the Bureau of Alcohol, Tobacco, and Firearms of the
United States Treasury Department;
(6) the Minneapolis police and fire arson unit;
(7) the St. Paul police and fire arson unit;
(8) licensed private detectives selected by the state fire
marshal or the attorney general or their designees; and
(9) any other arson experts the arson strike force deems
appropriate to include.
The arson strike force, as necessary, may consult and work
with representatives of property insurance agencies and
organizations and any other private organizations that have
expertise in arson investigations and prosecutions.
(b) Representatives from the attorney general's office and
the county attorneys association who are members of the arson
strike force may assist in administering the strike force.
(c) The strike force expires June 30, 2001.
Subd. 3. [INVESTIGATIVE DUTIES.] (a) The arson strike
force shall be available on a statewide basis to assist local
public safety agencies in investigating the following types of
suspected arson cases:
(1) serial fires;
(2) multijurisdictional fires;
(3) fires causing death or serious injury to a public
safety officer;
(4) fires resulting in multiple deaths or injuries; or
(5) fires causing over $1,000,000 in damage.
(b) The arson strike force shall establish a mechanism for
informing local public safety agencies that it is available to
assist in the investigation of the suspected arson cases
described in paragraph (a).
(c) The arson strike force shall, by means of a memorandum
of understanding among the involved agencies, develop and
implement a protocol for the strike force's activation and
operation in local cases of suspected arson.
(d) The arson strike force shall assist the arson training
unit established in section 299F.051 in developing and
implementing educational programs for public safety personnel on
investigating arson cases.
Subd. 4. [PROSECUTION DUTIES.] (a) The arson strike force
may identify and establish a team of prosecutors with experience
in arson cases who will provide advice, on request, to local
prosecutors who are prosecuting or preparing to prosecute arson
cases. This team shall include prosecutors from the attorney
general's office and county prosecutors who are identified and
selected by the county attorneys association.
(b) The arson strike force shall assist the arson training
unit established in section 299F.051 in developing educational
programs and manuals to assist prosecutors in prosecuting arson
cases.
Sec. 21. [299F.059] [JUVENILE FIRESETTER INTERVENTION.]
Subdivision 1. [INTERVENTION NETWORK.] The state fire
marshal shall establish a statewide juvenile firesetter
intervention network. The network shall include a clearinghouse
of resources and materials to assist fire service personnel,
schools, law enforcement agencies, and mental health
professionals in understanding juvenile firesetting behavior and
symptoms and intervening with juveniles who engage in the
behavior or display the symptoms. The state fire marshal shall
include in the network the comprehensive, injury prevention
education curriculum provided for in subdivision 2.
Subd. 2. [EDUCATIONAL CURRICULUM.] The state fire marshal
shall ensure implementation of a comprehensive, injury
prevention education curriculum that focuses on juvenile fire
play intervention and injury prevention. The curriculum shall
be made available to schools and other interested organizations
statewide.
Subd. 3. [ANNUAL TRAINING FORUM.] The state fire marshal
shall develop strategies and plans designed to reduce the number
of juvenile firesetting incidents. The state fire marshal shall
offer an annual training forum for fire service and law
enforcement personnel and for juvenile justice, medical,
educational, mental health, and other interested professionals
to discuss these strategies and other issues relating to
juvenile firesetter behavior and symptoms.
Subd. 4. [MEDIA CAMPAIGN; KEEPING FIRE MATERIALS AWAY FROM
CHILDREN.] The state fire marshal shall develop an ongoing media
awareness campaign to instruct parents, retailers, and the
community on the importance of keeping fire materials away from
children and on methods for accomplishing that objective.
Sec. 22. Minnesota Statutes 1996, section 299F.06,
subdivision 1, is amended to read:
Subdivision 1. [SUMMON WITNESSES; PRODUCE DOCUMENTARY
EVIDENCE.] (a) In order to establish if reasonable grounds exist
to believe that a violation of sections 609.561 to 609.576, has
occurred, or to determine compliance with the uniform fire code
or corrective orders issued thereunder, the state fire marshal,
chief assistant fire marshal, and deputy state fire marshals,
and the staff designated by the state fire marshal shall each
have the power in any county of the state to summon and compel
the attendance of witnesses to testify before them, or either of
them the state fire marshal, chief assistant fire marshal, or
deputy state fire marshals, to testify and may require the
production of any book, paper, or document deemed
pertinent thereto by them, or either of them. The state fire
marshal may also designate certain individuals from fire
departments in cities of the first class and cities of the
second class as having the powers set forth in this paragraph.
These designated individuals may only exercise their powers in a
manner prescribed by the state fire marshal. "Fire department"
has the meaning given in section 299F.092, subdivision 6.
"Cities of the first class" and "cities of the second class"
have the meanings given in section 410.01.
(b) A summons issued under this subdivision shall be served
in the same manner and have the same effect as subpoenas from
district courts. All witnesses shall receive the same
compensation as is paid to witnesses in district courts, which
shall be paid out of the fire marshal fund upon vouchers signed
by the state fire marshal, chief assistant fire marshal, or
deputy fire marshal before whom any witnesses shall have
attended and this officer shall, at the close of the
investigation wherein the witness was subpoenaed, certify to the
attendance and mileage of the witness, which certificate shall
be filed in the office of the state fire marshal. All
investigations held by or under the direction of the state fire
marshal, or any subordinate, may in the state fire marshal's
discretion be private and persons other than those required to
be present by the provisions of this chapter may be excluded
from the place where the investigation is held, and witnesses
may be kept separate and apart from each other and not allowed
to communicate with each other until they have been examined.
Sec. 23. Minnesota Statutes 1996, section 299F.06,
subdivision 3, is amended to read:
Subd. 3. [PENALTY FOR REFUSAL TO TESTIFY OR PRODUCE
EVIDENCE.] Any witness who refuses to be sworn, or who refuses
to testify, or who disobeys any lawful order of the state fire
marshal, chief assistant fire marshal, or deputy state fire
marshal in relation to the investigation, or who fails or
refuses to produce any paper, book, or document touching any
matter under examination, or who is guilty of any contemptuous
conduct, after being summoned to appear before them to give
testimony in relation to any matter or subject under examination
or investigation may be summarily punished by the state fire
marshal, chief assistant state fire marshal, or deputy state
fire marshals as for contempt by a fine in a sum not exceeding
$100 or be committed to the county jail until such time as such
person may be willing to comply with any reasonable order made
by the state fire marshal, chief assistant state fire marshal,
or deputy state fire marshals, as provided in this chapter any
district court in the same manner as if the proceedings were
pending in that court, and subject to the provisions of section
588.01.
Sec. 24. Minnesota Statutes 1996, section 326.3321,
subdivision 1, is amended to read:
Subdivision 1. [EXECUTIVE DIRECTOR.] The board
commissioner of public safety shall appoint an executive
director to serve in the unclassified service at the pleasure of
the board commissioner. The executive director shall perform
the duties as the board and commissioner shall prescribe.
Sec. 25. Minnesota Statutes 1996, section 326.3386,
subdivision 3, is amended to read:
Subd. 3. [DESIGNATION FEE.] When a licensed private
detective or protective agent who is a partnership or
corporation, desires to designate a new qualified representative
or Minnesota manager, a fee equal to one-half of the application
license fee shall be submitted to the board.
Sec. 26. Minnesota Statutes 1996, section 326.3386, is
amended by adding a subdivision to read:
Subd. 6a. [TRAINING COURSE CERTIFICATION FEE.] An
applicant for training course certification, as specified in
section 326.3361, shall pay to the board a course certification
fee determined by the board.
Sec. 27. Minnesota Statutes 1996, section 326.3386, is
amended by adding a subdivision to read:
Subd. 6b. [TRAINING COURSE RECERTIFICATION FEE.] An
applicant for training course recertification shall pay to the
board a course recertification fee determined by the board.
Sec. 28. Minnesota Statutes 1996, section 609.035,
subdivision 1, is amended to read:
Subdivision 1. Except as provided in subdivision
subdivisions 2, subdivision 3, and 4, 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. 29. Minnesota Statutes 1996, section 609.035, is
amended by adding a subdivision to read:
Subd. 4. [EXCEPTION; ARSON OFFENSES.] Notwithstanding
section 609.04, a prosecution for or conviction of a violation
of sections 609.561 to 609.563 or 609.5641 is not a bar to
conviction of or punishment for any other crime committed by the
defendant as part of the same conduct when the defendant is
shown to have violated sections 609.561 to 609.563 or 609.5641
for the purpose of concealing any other crime.
For purposes of the sentencing guidelines, a violation of
sections 609.561 to 609.563 or 609.5641 is a crime against the
person.
Sec. 30. Minnesota Statutes 1996, section 609.115,
subdivision 1, is amended to read:
Subdivision 1. [PRESENTENCE INVESTIGATION.] (a) When a
defendant has been convicted of a misdemeanor or gross
misdemeanor, the court may, and when the defendant has been
convicted of a felony, the court shall, before sentence is
imposed, cause a presentence investigation and written report to
be made to the court concerning the defendant's individual
characteristics, circumstances, needs, potentialities, criminal
record and social history, the circumstances of the offense and
the harm caused by it to others and to the community. At the
request of the prosecutor in a gross misdemeanor case, the court
shall order that a presentence investigation and report be
prepared. The investigation shall be made by a probation
officer of the court, if there is one; otherwise it shall be
made by the commissioner of corrections. The officer conducting
the presentence or predispositional investigation shall make
reasonable and good-faith efforts to contact and provide the
victim with the information required under section 611A.037,
subdivision 2. Presentence investigations shall be conducted
and summary hearings held upon reports and upon the sentence to
be imposed upon the defendant in accordance with this section,
section 244.10, and the rules of criminal procedure.
(b) When the crime is a violation of sections 609.561 to
609.563, 609.5641, or 609.576 and involves a fire, the report
shall include a description of the financial and physical harm
the offense has had on the public safety personnel who responded
to the fire. For purposes of this paragraph, "public safety
personnel" means the state fire marshal; employees of the
division of the state fire marshal; firefighters, regardless of
whether the firefighters receive any remuneration for providing
services; peace officers, as defined in section 626.05,
subdivision 2; individuals providing emergency management
services; and individuals providing emergency medical services.
(c) When the crime is a felony violation of chapter 152
involving the sale or distribution of a controlled substance,
the report shall include a description of any adverse social or
economic effects the offense has had on persons who reside in
the neighborhood where the offense was committed.
(d) The report shall also include the information relating
to crime victims required under section 611A.037, subdivision 1.
If the court directs, the report shall include an estimate of
the prospects of the defendant's rehabilitation and
recommendations as to the sentence which should be imposed. In
misdemeanor cases the report may be oral.
(e) When a defendant has been convicted of a felony, and
before sentencing, the court shall cause a sentencing worksheet
to be completed to facilitate the application of the Minnesota
sentencing guidelines. The worksheet shall be submitted as part
of the presentence investigation report.
The investigation shall be made by a probation officer of
the court, if there is one, otherwise by the commissioner of
corrections. The officer conducting the presentence or
predispositional investigation shall make reasonable and good
faith efforts to contact the victim of that crime and to provide
that victim with the information required under section
611A.037, subdivision 2.
(f) When a person is convicted of a felony for which the
sentencing guidelines presume that the defendant will be
committed to the commissioner of corrections under an executed
sentence and no motion for a sentencing departure has been made
by counsel, the court may, when there is no space available in
the local correctional facility, commit the defendant to the
custody of the commissioner of corrections, pending completion
of the presentence investigation and report. When a defendant
is convicted of a felony for which the sentencing guidelines do
not presume that the defendant will be committed to the
commissioner of corrections, or for which the sentencing
guidelines presume commitment to the commissioner but counsel
has moved for a sentencing departure, the court may commit the
defendant to the commissioner with the consent of the
commissioner, pending completion of the presentence
investigation and report. The county of commitment shall return
the defendant to the court when the court so orders.
Presentence investigations shall be conducted and summary
hearings held upon reports and upon the sentence to be imposed
upon the defendant in accordance with this section, section
244.10, and the rules of criminal procedure.
Sec. 31. Minnesota Statutes 1996, section 626.843,
subdivision 1, is amended to read:
Subdivision 1. [RULES REQUIRED.] The board shall adopt
rules with respect to:
(a) The certification of peace officer training schools,
programs, or courses including training schools for the
Minnesota state patrol. Such schools, programs and courses
shall include those administered by the state, county, school
district, municipality, or joint or contractual combinations
thereof, and shall include preparatory instruction in law
enforcement and minimum basic training courses;
(b) Minimum courses of study, attendance requirements, and
equipment and facilities to be required at each certified peace
officers training school located within the state;
(c) Minimum qualifications for instructors at certified
peace officer training schools located within this state;
(d) Minimum standards of physical, mental, and educational
fitness which shall govern the recruitment and licensing of
peace officers within the state, by any state, county,
municipality, or joint or contractual combination thereof,
including members of the Minnesota state patrol;
(e) Minimum standards of conduct which would affect the
individual's performance of duties as a peace officer;
These standards shall be established and published. The
board shall review the minimum standards of conduct described in
this paragraph for possible modification in 1998 and every three
years after that time.
(f) Minimum basic training which peace officers appointed
to temporary or probationary terms shall complete before being
eligible for permanent appointment, and the time within which
such basic training must be completed following any such
appointment to a temporary or probationary term;
(g) Minimum specialized training which part-time peace
officers shall complete in order to be eligible for continued
employment as a part-time peace officer or permanent employment
as a peace officer, and the time within which the specialized
training must be completed;
(h) Content of minimum basic training courses required of
graduates of certified law enforcement training schools or
programs. Such courses shall not duplicate the content of
certified academic or general background courses completed by a
student but shall concentrate on practical skills deemed
essential for a peace officer. Successful completion of such a
course shall be deemed satisfaction of the minimum basic
training requirement;
(i) Grading, reporting, attendance and other records, and
certificates of attendance or accomplishment;
(j) The procedures to be followed by a part-time peace
officer for notifying the board of intent to pursue the
specialized training for part-time peace officers who desire to
become peace officers pursuant to clause (g), and section
626.845, subdivision 1, clause (g);
(k) The establishment and use by any political subdivision
or state law enforcement agency which employs persons licensed
by the board of procedures for investigation and resolution of
allegations of misconduct by persons licensed by the board. The
procedures shall be in writing and shall be established on or
before October 1, 1984;
(l) The issues that must be considered by each political
subdivision and state law enforcement agency that employs
persons licensed by the board in establishing procedures under
section 626.5532 to govern the conduct of peace officers who are
in pursuit of a vehicle being operated in violation of section
609.487, and requirements for the training of peace officers in
conducting pursuits. The adoption of specific procedures and
requirements is within the authority of the political
subdivision or agency;
(m) Supervision of part-time peace officers and
requirements for documentation of hours worked by a part-time
peace officer who is on active duty. These rules shall be
adopted by December 31, 1993; and
(n) Citizenship requirements for full-time and part-time
peace officers;
(o) Driver's license requirements for full-time and
part-time peace officers; and
(p) Such other matters as may be necessary consistent with
sections 626.84 to 626.855. Rules promulgated by the attorney
general with respect to these matters may be continued in force
by resolution of the board if the board finds the rules to be
consistent with sections 626.84 to 626.855.
Sec. 32. [626.8456] [TRAINING IN FIRE SCENE RESPONSE AND
ARSON AWARENESS.]
Subdivision 1. [TRAINING COURSE.] The board, in
consultation with the division of fire marshal, shall prepare
objectives for a training course to instruct peace officers in
fire scene response and arson awareness.
Subd. 2. [PRESERVICE TRAINING REQUIREMENT.] An individual
is not eligible to take the peace officer licensing examination
after August 1, 1998, unless the individual has received the
training described in subdivision 1.
Sec. 33. [AWARD FOR EXCELLENCE IN PEACE OFFICER TRAINING.]
The board of peace officer standards and training shall
establish an award for excellence in peace officer training to
encourage innovation, quality, and effectiveness, and to
recognize achievement in the area of peace officer training.
The board may annually make awards in the categories of
individual achievement, lifetime achievement, and organizational
achievement. The board shall establish standards regarding
award eligibility and application, evaluation, and selection
procedures.
Sec. 34. [ASSIGNMENT OF BUREAU OF CRIMINAL APPREHENSION
AGENTS TO STRIKE FORCE.]
The superintendent of the bureau of criminal apprehension
shall assign experienced agents to the strike force described in
Minnesota Statutes, section 299A.625. These agents shall
operate exclusively for the purposes listed in Minnesota
Statutes, section 299A.625, under the direction of the criminal
gang oversight council.
Sec. 35. [ASSIGNMENT OF ASSISTANT ATTORNEY GENERAL TO
STRIKE FORCE.]
The attorney general shall assign an assistant attorney
general experienced in the prosecution of crimes committed by
criminal gangs to the strike force described in Minnesota
Statutes, section 299A.625. This attorney shall operate
exclusively for the purposes listed in Minnesota Statutes,
section 299A.625, under the direction of the criminal gang
oversight council.
Sec. 36. [REPEALER.]
Minnesota Statutes 1996, sections 299A.01, subdivision 6;
and 299F.07, are repealed. Minnesota Rules, parts 7419.0100;
7419.0200; 7419.0300; 7419.0400; 7419.0500; 7419.0600;
7419.0700; and 7419.0800, are repealed.
Sec. 37. [EFFECTIVE DATE.]
Sections 28 and 29 are effective August 1, 1997, and apply
to offenses committed on or after that date.
ARTICLE 9
CORRECTIONS
Section 1. Minnesota Statutes 1996, section 144.761,
subdivision 5, is amended to read:
Subd. 5. [EMERGENCY MEDICAL SERVICES PERSONNEL.]
"Emergency medical services personnel" means:
(1) individuals employed to provide prehospital emergency
medical services;
(2) persons employed as licensed police officers under
section 626.84, subdivision 1, who experience a significant
exposure in the performance of their duties;
(3) firefighters, paramedics, emergency medical
technicians, licensed nurses, rescue squad personnel, or other
individuals who serve as employees or volunteers of an ambulance
service as defined by sections 144.801 to 144.8091, who provide
prehospital emergency medical services;
(4) crime lab personnel receiving a significant exposure
while involved in a criminal investigation;
(5) correctional guards, including security guards at the
Minnesota security hospital, employed by the state or a local
unit of government who experience employed in state and local
correctional facilities and other employees of the state
department of corrections, if the guard or employee experiences
a significant exposure to an inmate who is transported to a
facility for emergency medical care in the performance of their
duties; and
(6) employees at the Minnesota security hospital and the
Minnesota sexual psychopathic personality treatment center who
are employed by the state or a local unit of government and who
experience a significant exposure in the performance of their
duties; and
(7) other persons who render emergency care or assistance
at the scene of an emergency, or while an injured person is
being transported to receive medical care, and who would qualify
for immunity from liability under the good samaritan law,
section 604A.01.
Sec. 2. Minnesota Statutes 1996, section 144.761,
subdivision 7, is amended to read:
Subd. 7. [SIGNIFICANT EXPOSURE.] "Significant exposure"
means:
(1) contact, in a manner supported by contemporary
epidemiological research as a method of HIV or hepatitis B
transmission, of the broken skin or mucous membrane of emergency
medical services personnel with a patient's blood, amniotic
fluid, pericardial fluid, peritoneal fluid, pleural fluid,
synovial fluid, cerebrospinal fluid, semen, vaginal secretions,
or bodily fluids grossly contaminated with blood;
(2) a needle stick, scalpel or instrument wound, or other
wound inflicted by an object that is contaminated with blood,
and that is capable of cutting or puncturing the skin of
emergency medical services personnel; or
(3) an exposure that occurs by any other method of
transmission recognized by contemporary epidemiological
standards as a significant exposure.
Sec. 3. Minnesota Statutes 1996, section 144.762,
subdivision 2, is amended to read:
Subd. 2. [REQUIREMENTS FOR PROTOCOL.] The postexposure
notification protocol must include the following:
(1) a method for emergency medical services personnel to
notify the facility that they may have experienced a significant
exposure from a patient that was transported to the facility.
The facility shall provide to the emergency medical services
personnel a significant exposure report form to be completed by
the emergency medical services personnel in a timely fashion;
(2) a process to investigate and determine whether a
significant exposure has occurred. This investigation must be
completed within 72 hours of receipt of the exposure report, or
within a time period that will enable the patient to benefit
from contemporary standards of care for reducing the risk of
infection;
(3) if there has been a significant exposure, a process to
determine whether the patient has hepatitis B or HIV infection;
(4) if the patient has an infectious disease that could be
transmitted by the type of exposure that occurred, or, if it is
not possible to determine what disease the patient may have, a
process for making recommendations for appropriate counseling
and testing to the emergency medical services personnel;
(5) compliance with applicable state and federal laws
relating to data practices, confidentiality, informed consent,
and the patient bill of rights; and
(6) a process for providing counseling for the patient to
be tested and for the emergency medical services personnel
filing the exposure report.
Sec. 4. Minnesota Statutes 1996, section 144.762, is
amended by adding a subdivision to read:
Subd. 2a. [ADDITIONAL PROTOCOL REQUIREMENTS.] In addition
to the protocol requirements under subdivision 2, the
postexposure notification protocol must provide a process for a
licensed physician at the facility to conduct an immediate
investigation into whether a significant exposure has occurred
whenever emergency medical services personnel present themselves
at a facility within six hours of a possible significant
exposure. If the investigation shows that a significant
exposure occurred, the protocol must provide a process for
determining whether the patient has hepatitis B or HIV infection
by means of mandatory reporting under section 144.765,
subdivision 2, and reporting of results under sections 144.761,
subdivision 2, clauses (4), (5), and (6), and 144.767.
Sec. 5. Minnesota Statutes 1996, section 144.765, is
amended to read:
144.765 [PATIENT'S RIGHT TO REFUSE TESTING.]
Subdivision 1. [VOLUNTARY TESTING.] (a) Upon notification
of a significant exposure, the facility shall ask the patient to
consent to blood testing to determine the presence of the HIV
virus or the hepatitis B virus. The patient shall be informed
that the test results without personally identifying information
will be reported to the emergency medical services personnel.
(b) The patient shall be informed of the right to refuse to
be tested, that refusal could result in a request for a court
order to force reporting of hepatitis B or HIV infection status,
and that information collected through this process is for
medical purposes and cannot be used as evidence in any criminal
proceedings. If the patient refuses to be tested, the patient's
refusal will be forwarded to the emergency medical services
agency and to the emergency medical services personnel.
Subd. 2. [MANDATORY REPORTING.] If a patient is subject to
voluntary testing under section 144.762, subdivision 2a, and is
either unavailable for immediate testing at the facility or
refuses to submit to a blood test, the emergency medical
services personnel employer shall locate and ask the patient to
report and present documentation from a licensed physician of
the patient's most recent known HIV and hepatitis B infection
status within 24 hours. The patient shall be informed that the
test results without personally identifying information will be
reported to the emergency medical services personnel. The
patient shall be informed that refusal could result in a request
for a court order to force reporting, and that information
collected through this process is for medical purposes and
cannot be used as evidence in any criminal proceedings. If the
patient refuses to report, the patient's refusal will be
forwarded to the emergency medical services personnel.
Subd. 3. [MANDATORY TESTING.] The right to refuse a blood
test under the circumstances described in this section does not
apply to a prisoner who is in the custody or under the
jurisdiction of the commissioner of corrections or a local
correctional authority as a result of a criminal conviction.
Subd. 4. [COURT ORDER.] If a patient is subject to
mandatory reporting under subdivision 2, and either is
unavailable for reporting to the facility or refuses to submit a
report, the emergency medical services personnel may seek a
court order to compel the patient to submit to reporting. Court
proceedings under this subdivision shall be given precedence
over other pending matters so that the court may reach a prompt
decision without delay. The court shall order the patient to
submit to reporting upon proof that: (1) an investigation by a
licensed physician under section 144.762, subdivision 2a, showed
that the emergency medical services personnel experienced a
significant exposure; and (2) the information is necessary for a
decision about beginning, continuing, or discontinuing a medical
intervention and will not cause undue hardship or harm to the
health of the patient.
Sec. 6. Minnesota Statutes 1996, section 144.767,
subdivision 1, is amended to read:
Subdivision 1. [REPORT TO EMPLOYER.] Results of tests
conducted or reports received under this section shall be
reported by the facility to a designated agent of the emergency
medical services agency that employs or uses the emergency
medical services personnel and to the emergency medical services
personnel who report the significant exposure. The test results
or reports shall be reported without personally identifying
information and may be used only for medical purposes and may
not be used as evidence in any criminal prosecution.
Sec. 7. Minnesota Statutes 1996, section 241.01,
subdivision 3a, is amended to read:
Subd. 3a. [COMMISSIONER, POWERS AND DUTIES.] The
commissioner of corrections has the following powers and duties:
(a) To accept persons committed to the commissioner by the
courts of this state for care, custody, and rehabilitation.
(b) To determine the place of confinement of committed
persons in a correctional facility or other facility of the
department of corrections and to prescribe reasonable conditions
and rules for their employment, conduct, instruction, and
discipline within or outside the facility. Inmates shall not
exercise custodial functions or have authority over other
inmates. Inmates may serve on the board of directors or hold an
executive position subordinate to correctional staff in any
corporation, private industry or educational program located on
the grounds of, or conducted within, a state correctional
facility with written permission from the chief executive
officer of the facility.
(c) To administer the money and property of the department.
(d) To administer, maintain, and inspect all state
correctional facilities.
(e) To transfer authorized positions and personnel between
state correctional facilities as necessary to properly staff
facilities and programs.
(f) To utilize state correctional facilities in the manner
deemed to be most efficient and beneficial to accomplish the
purposes of this section, but not to close the Minnesota
correctional facility-Stillwater or the Minnesota correctional
facility-St. Cloud without legislative approval. The
commissioner may place juveniles and adults at the same state
minimum security correctional facilities, if there is total
separation of and no regular contact between juveniles and
adults, except contact incidental to admission, classification,
and mental and physical health care.
(g) To organize the department and employ personnel the
commissioner deems necessary to discharge the functions of the
department, including a chief executive officer for each
facility under the commissioner's control who shall serve in the
unclassified civil service and may, under the provisions of
section 43A.33, be removed only for cause, and two internal
affairs officers for security.
(h) To define the duties of these employees and to delegate
to them any of the commissioner's powers, duties and
responsibilities, subject to the commissioner's control and the
conditions the commissioner prescribes.
(i) To annually develop a comprehensive set of goals and
objectives designed to clearly establish the priorities of the
department of corrections. This report shall be submitted to
the governor and the state legislature commencing January 1,
1976. The commissioner may establish ad hoc advisory committees.
Sec. 8. Minnesota Statutes 1996, section 241.01,
subdivision 3b, is amended to read:
Subd. 3b. [MISSION; EFFICIENCY.] It is part of the
department's mission that within the department's resources the
commissioner shall endeavor to:
(1) prevent the waste or unnecessary spending of public
money;
(2) use innovative fiscal and human resource practices to
manage the state's resources and operate the department as
efficiently as possible;
(3) coordinate the department's activities wherever
appropriate with the activities of other governmental agencies;
(4) use technology where appropriate to increase agency
productivity, improve service to the public, increase public
access to information about government, and increase public
participation in the business of government;
(5) utilize constructive and cooperative labor-management
practices to the extent otherwise required by chapters 43A and
179A;
(6) include specific objectives in the performance report
required under section sections 15.91 and 241.015 to increase
the efficiency of agency operations, when appropriate; and
(7) recommend to the legislature, in the performance report
of the department required under section sections 15.91 and
241.015, appropriate changes in law necessary to carry out the
mission of the department.
Sec. 9. [241.015] [ANNUAL PERFORMANCE REPORTS REQUIRED.]
Notwithstanding section 15.91, the department of
corrections must issue a performance report by November 30 of
each year. The issuance and content of the report must conform
with section 15.91.
Sec. 10. [241.277] [PILOT PROJECT WORK PROGRAM AT CAMP
RIPLEY.]
Subdivision 1. [PROGRAM ESTABLISHED.] The commissioner of
corrections shall establish a four-year pilot project work
program at Camp Ripley. The program must serve adult male
nonviolent felony and gross misdemeanor offenders who are
ordered to complete the program by courts under section 609.113.
Subd. 2. [REQUEST FOR PROPOSALS.] After consulting with
and considering the advice of the association of Minnesota
counties, the commissioner may issue a request for proposals and
select a vendor to operate the program. Section 16B.17 does not
apply to the issuance of the request for proposals.
Subd. 3. [PROGRAM DESCRIBED.] The program must require
offenders placed there to perform physical labor for at least
eight hours a day either at the facility or in other locations
in the surrounding area and must provide basic educational
programming in the evening.
Subd. 4. [PROGRAM GUIDELINES.] The commissioner shall
develop guidelines for the operation of the work program. These
guidelines must, at a minimum, address the nature and location
of the physical labor required and the extent of the educational
programming offered.
Subd. 5. [STATUS OF OFFENDER.] An offender sentenced to
the work program is not committed to the commissioner of
corrections. Instead, the offender is under the continuing
jurisdiction of the sentencing court. Offenders sentenced to
the work program are not considered incarcerated for purposes of
computing good time or credit for time served.
Subd. 6. [LENGTH OF STAY.] An offender sentenced by a
court to the work program must serve a minimum of two-thirds of
the pronounced sentence unless the offender is terminated from
the program and remanded to the custody of the sentencing court
as provided in subdivision 7. The offender may be required to
remain at the program beyond the minimum sentence for any period
up to the full sentence if the offender violates disciplinary
rules.
Subd. 7. [SANCTIONS.] The commissioner shall ensure that
severe and meaningful sanctions are imposed for violations of
the conditions of the work program. The commissioner shall
require that an offender be removed from the program and
remanded to the custody of the sentencing court if the offender:
(1) commits a material violation of or repeatedly fails to
follow the rules of the program;
(2) commits any misdemeanor, gross misdemeanor, or felony
offense; or
(3) presents a risk to the public, based on the offender's
behavior, attitude, or abuse of alcohol or controlled substances.
Subd. 8. [DISCIPLINARY RULES.] By January 1, 1998, the
commissioner shall develop disciplinary rules applicable to the
work program, a violation of which may result in extending an
offender's stay at the program for any period of time up to the
maximum sentence. These rules may address violations of program
rules, refusal to work, refusal to participate in the
educational program, and other matters determined by the
commissioner. Extending an offender's stay shall be considered
to be a disciplinary sanction imposed upon the offender, and the
procedure for imposing the extension and the rights of the
offender in the procedure shall be those in effect for the
imposition of other disciplinary sanctions at state correctional
institutions.
Subd. 9. [COSTS OF PROGRAM.] Counties sentencing offenders
to the program must pay 25 percent of the per diem expenses for
the offender. The commissioner is responsible for all other
costs associated with the placement of offenders in the program,
including, but not limited to, the remaining per diem expenses
and the full cost of transporting offenders to and from the
program.
Subd. 10. [REPORT.] By January 15, 2002, the commissioner
shall report to the chairs of the senate and house committees
and divisions having jurisdiction over criminal justice policy
and funding on this program. The report must contain
information on the recidivism rates for offenders sentenced to
the program.
Sec. 11. Minnesota Statutes 1996, section 241.42,
subdivision 2, is amended to read:
Subd. 2. "Administrative agency" or "agency" means any
division, official, or employee of the Minnesota department of
corrections, the commissioner of corrections, the board of
pardons, and regional correction or detention facilities or
agencies for correction or detention programs including those
programs or facilities operating under chapter 401, any regional
or local correctional facility licensed or inspected by the
commissioner of corrections, whether public or private,
established and operated for the detention and confinement of
adults or juveniles, including, but not limited to, programs or
facilities operating under chapter 401, adult halfway homes,
group foster homes, secure juvenile detention facilities,
juvenile residential facilities, municipal holding facilities,
juvenile temporary holdover facilities, regional or local jails,
lockups, work houses, work farms, and detention and treatment
facilities, but does not include:
(a) any court or judge;
(b) any member of the senate or house of representatives of
the state of Minnesota;
(c) the governor or the governor's personal staff;
(d) any instrumentality of the federal government of the
United States; or
(e) any political subdivision of the state of Minnesota;
(f) any interstate compact.
Sec. 12. Minnesota Statutes 1996, section 241.44,
subdivision 1, is amended to read:
Subdivision 1. [POWERS.] The ombudsman may:
(a) prescribe the methods by which complaints are to be
made, reviewed, and acted upon; provided, however, that the
ombudsman may not levy a complaint fee;
(b) determine the scope and manner of investigations to be
made;
(c) Except as otherwise provided, determine the form,
frequency, and distribution of conclusions, recommendations, and
proposals; provided, however, that the governor or a
representative may, at any time the governor deems it necessary,
request and receive information from the ombudsman. Neither the
ombudsman nor any member of the ombudsman's staff member shall
be compelled to testify or to produce evidence in any court
judicial or administrative proceeding with respect to any matter
involving the exercise of the ombudsman's official duties except
as may be necessary to enforce the provisions of sections 241.41
to 241.45;
(d) investigate, upon a complaint or upon personal
initiative, any action of an administrative agency;
(e) request and shall be given access to information in the
possession of an administrative agency deemed necessary for the
discharge of responsibilities;
(f) examine the records and documents of an administrative
agency;
(g) enter and inspect, at any time, premises within the
control of an administrative agency;
(h) subpoena any person to appear, give testimony, or
produce documentary or other evidence which the ombudsman deems
relevant to a matter under inquiry, and may petition the
appropriate state court to seek enforcement with the subpoena;
provided, however, that any witness at a hearing or before an
investigation as herein provided, shall possess the same
privileges reserved to such a witness in the courts or under the
laws of this state;
(i) bring an action in an appropriate state court to
provide the operation of the powers provided in this
subdivision. The ombudsman may use the services of legal
assistance to Minnesota prisoners for legal counsel. The
provisions of sections 241.41 to 241.45 are in addition to other
provisions of law under which any remedy or right of appeal or
objection is provided for any person, or any procedure provided
for inquiry or investigation concerning any matter. Nothing in
sections 241.41 to 241.45 shall be construed to limit or affect
any other remedy or right of appeal or objection nor shall it be
deemed part of an exclusionary process; and
(j) be present at commissioner of corrections parole and
parole revocation hearings and deliberations.
Sec. 13. Minnesota Statutes 1996, section 241.44, is
amended by adding a subdivision to read:
Subd. 3a. [INVESTIGATION OF ADULT LOCAL JAILS AND
DETENTION FACILITIES.] Either the ombudsman or the department of
corrections' jail inspection unit may investigate complaints
involving local adult jails and detention facilities. The
ombudsman and department of corrections must enter into an
arrangement with one another that ensures that they are not
duplicating each other's services.
Sec. 14. [242.085] [STATE POLICY REGARDING PLACEMENT OF
JUVENILES OUT OF STATE.]
It is the policy of this state that delinquent juveniles be
supervised and programmed for within the state. Courts are
requested, to the greatest extent possible and when in the best
interests of the child, to place these juveniles within the
state.
Sec. 15. Minnesota Statutes 1996, section 242.19,
subdivision 3, is amended to read:
Subd. 3. [RETAKING ABSCONDING AND OTHER PERSON.] The
written order of the commissioner of corrections is authority to
any peace officer or parole or probation officer to take and
detain any child committed to the commissioner of corrections by
a juvenile court who absconds from field supervision or escapes
from confinement, violates furlough conditions, or is released
from court while on institution status. However, if the child
has attained the age of 18 years, the commissioner shall issue a
warrant directed to any peace officer or parole or probation
officer requiring that the fugitive be taken into immediate
custody to await the further order of the commissioner. Any
person of the age of 18 years or older who is taken into custody
under the provisions of this subdivision may be detained as
provided in section 260.173, subdivision 4.
Sec. 16. [242.192] [CHARGES TO COUNTIES.]
The commissioner shall charge counties or other appropriate
jurisdictions for the actual per diem cost of confinement of
juveniles at the Minnesota correctional facility-Red Wing. This
charge applies to both counties that participate in the
community corrections act and those that do not. The
commissioner shall annually determine costs, making necessary
adjustments to reflect the actual costs of confinement. All
money received under this section must be deposited in the state
treasury and credited to the general fund.
Sec. 17. Minnesota Statutes 1996, section 242.32, is
amended by adding a subdivision to read:
Subd. 4. [EXCEPTION.] This section does not apply to a
privately operated facility licensed by the commissioner in Rock
county, Minnesota. Up to 32 beds constructed and operated by a
privately operated facility licensed by the commissioner in Rock
County, Minnesota, for long-term residential secure programming
do not count toward the 100-bed limitation in subdivision 3.
Sec. 18. [243.055] [COMPUTER RESTRICTIONS.]
Subdivision 1. [RESTRICTIONS TO USE OF ONLINE
SERVICES.] If the commissioner believes a significant risk
exists that a parolee, state-supervised probationer, or
individual on supervised release may use an Internet service or
online service to engage in criminal activity or to associate
with individuals who are likely to encourage the individual to
engage in criminal activity, the commissioner may impose one or
more of the following conditions:
(1) prohibit the individual from possessing or using a
computer with access to an Internet service or online service
without the prior written approval of the commissioner;
(2) prohibit the individual from possessing or using any
data encryption technique or program;
(3) require the individual to consent to periodic
unannounced examinations of the individual's computer equipment
by a parole or probation agent, including the retrieval and
copying of all data from the computer and any internal or
external peripherals and removal of such equipment to conduct a
more thorough inspection;
(4) require consent of the individual to have installed on
the individual's computer, at the individual's expense, one or
more hardware or software systems to monitor computer use; and
(5) any other restrictions the commissioner deems necessary.
Subd. 2. [RESTRICTIONS ON COMPUTER USE.] If the
commissioner believes a significant risk exists that a parolee,
state-supervised probationer, or individual on supervised
release may use a computer to engage in criminal activity or to
associate with individuals who are likely to encourage the
individual to engage in criminal activity, the commissioner may
impose one or more of the following restrictions:
(1) prohibit the individual from accessing through a
computer any material, information, or data that relates to the
activity involved in the offense for which the individual is on
probation, parole, or supervised release;
(2) require the individual to maintain a daily log of all
addresses the individual accesses through computer other than
for authorized employment and to make this log available to the
individual's parole or probation agent;
(3) provide all personal and business telephone records to
the individual's parole or probation agent upon request,
including written authorization allowing the agent to request a
record of all of the individual's outgoing and incoming
telephone calls from any telephone service provider;
(4) prohibit the individual from possessing or using a
computer that contains an internal modem and from possessing or
using an external modem without the prior written consent of the
commissioner;
(5) prohibit the individual from possessing or using any
computer, except that the individual may, with the prior
approval of the individual's parole or probation agent, use a
computer in connection with authorized employment;
(6) require the individual to consent to disclosure of the
computer-related restrictions that the commissioner has imposed
to any employer or potential employer; and
(7) any other restrictions the commissioner deems necessary.
Subd. 3. [LIMITS ON RESTRICTION.] In imposing
restrictions, the commissioner shall take into account that
computers are used for numerous, legitimate purposes and that,
in imposing restrictions, the least restrictive condition
appropriate to the individual shall be used.
Sec. 19. [243.161] [RESIDING IN MINNESOTA WITHOUT
PERMISSION UNDER INTERSTATE COMPACT; PENALTY.]
Any person who is on parole or probation in another state
who resides in this state in violation of section 243.16, 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. 20. Minnesota Statutes 1996, section 243.51,
subdivision 1, is amended to read:
Subdivision 1. The commissioner of corrections is hereby
authorized to contract with agencies and bureaus of the United
States and with the proper officials of other states or a county
of this state for the custody, care, subsistence, education,
treatment and training of persons convicted of criminal offenses
constituting felonies in the courts of this state, the United
States, or other states of the United States. Such contracts
shall provide for reimbursing the state of Minnesota for all
costs or other expenses involved. Funds received under such
contracts shall be deposited in the state treasury and are
appropriated to the commissioner of corrections for correctional
purposes, including capital improvements. Any prisoner
transferred to the state of Minnesota pursuant to this
subdivision shall be subject to the terms and conditions of the
prisoner's original sentence as if the prisoner were serving the
same within the confines of the state in which the conviction
and sentence was had or in the custody of the United States.
Nothing herein shall deprive such inmate of the right to parole
or the rights to legal process in the courts of this state.
Sec. 21. Minnesota Statutes 1996, section 243.51,
subdivision 3, is amended to read:
Subd. 3. [TEMPORARY DETENTION.] The commissioner of
corrections is authorized to contract with agencies and bureaus
of the United States and with the appropriate officials of any
other state or county of this state for the temporary detention
of any person in custody pursuant to any process issued under
the authority of the United States, other states of the United
States, or the district courts of this state. The contract
shall provide for reimbursement to the state of Minnesota for
all costs and expenses involved. Money received under contracts
shall be deposited in the state treasury and are appropriated to
the commissioner of corrections for correctional purposes,
including capital improvements.
Sec. 22. Minnesota Statutes 1996, section 243.51, is
amended by adding a subdivision to read:
Subd. 4. [ANNUAL REPORT TO LEGISLATURE.] By February 1 of
each year, the commissioner of corrections shall report to the
chairs of the house and senate divisions having jurisdiction
over criminal justice funding on money collected in the
preceding year under contracts authorized in subdivisions 1 and
3. At a minimum, the report must describe:
(1) the amount received, including a breakdown of its
source;
(2) the per diem charges under the contracts; and
(3) how the money was spent.
Sec. 23. [243.556] [RESTRICTIONS ON INMATES' COMPUTER
ACCESS.]
Subdivision 1. [RESTRICTIONS TO USE OF ONLINE
SERVICES.] No adult inmate in a state correctional facility may
use or have access to any Internet service or online service,
except for work, educational, and vocational purposes approved
by the commissioner.
Subd. 2. [RESTRICTIONS ON COMPUTER USE.] The commissioner
shall restrict inmates' computer use to legitimate work,
educational, and vocational purposes.
Subd. 3. [MONITORING OF COMPUTER USE.] The commissioner
shall monitor all computer use by inmates and perform regular
inspections of computer equipment.
Sec. 24. [243.93] [CORRECTIONAL FACILITY SITE SELECTION
COMMITTEE.]
Subdivision 1. [CREATION; MEMBERSHIP.] (a) An advisory
task force is created to coordinate the site selection process
for state correctional facilities. The task force shall convene
when the legislature authorizes the planning of a new
correctional facility. The task force, to be known as the site
selection committee, consists of the:
(1) commissioner of corrections or the commissioner's
designee;
(2) deputy commissioner of corrections who has supervision
and control over correctional facilities;
(3) commissioner of transportation or the commissioner's
designee;
(4) commissioner of administration or the commissioner's
designee;
(5) chairs of the senate crime prevention committee and
crime prevention finance division and the ranking members of
that committee and division from the minority political caucus,
or the chairs' and ranking members' designees; and
(6) chairs of the house judiciary committee and judiciary
finance division and the ranking members of that committee and
division from the minority political caucus or the chairs' and
ranking members' designees.
(b) The chairs of the senate crime prevention finance
division and house judiciary finance division, or the chairs'
designees, shall chair the committee.
Subd. 2. [SITE SELECTION PROCESS.] The committee shall
develop a correctional site selection process that most
effectively and efficiently utilizes state financial resources
for construction of correctional facilities. The committee may
include such other factors as the committee considers relevant
as criteria for the site selection process.
Subd. 3. [RECOMMENDATIONS.] Before recommendation of an
individual site for a correctional facility, the committee shall
require that all costs associated with the facility and the site
be identified and reported, including but not limited to
construction costs, site improvement, infrastructure upgrades,
and operating costs for that site. The commissioners of
administration and corrections and any other agencies involved
with site construction or land acquisition shall cooperate with
the committee in supplying information described in this
subdivision and any other information required for project
budgets under section 16B.335.
Subd. 4. [REPORT.] The committee shall report its
recommendations for the siting of correctional facilities to the
legislature.
Subd. 5. [LEGISLATIVE AUTHORIZATION OF SITE.] Each site
for a new state of Minnesota correctional facility shall be
chosen in the law authorizing and providing funding for the
facility.
Subd. 6. [STAFFING.] The committee may utilize employees
from the legislative and executive branch entities with
membership on the committee. The department of administration
shall provide administrative support.
Sec. 25. Minnesota Statutes 1996, section 244.05,
subdivision 8, is amended to read:
Subd. 8. [CONDITIONAL MEDICAL RELEASE.] Notwithstanding
subdivisions 4 and 5, the commissioner may order that an any
offender be placed on conditional medical release before the
offender's scheduled supervised release date or target release
date if the offender suffers from a grave illness or medical
condition and the release poses no threat to the public. In
making the decision to release an offender on this status, the
commissioner must consider the offender's age and medical
condition, the health care needs of the offender, the offender's
custody classification and level of risk of violence, the
appropriate level of community supervision, and alternative
placements that may be available for the offender. An inmate
may not be released under this provision unless the commissioner
has determined that the inmate's health costs are likely to be
borne by medical assistance, Medicaid, general assistance
medical care, veteran's benefits, or by any other federal or
state medical assistance programs or by the inmate. Conditional
medical release is governed by provisions relating to supervised
release except that it may be rescinded without hearing by the
commissioner if the offender's medical condition improves to the
extent that the continuation of the conditional medical release
presents a more serious risk to the public.
Sec. 26. Minnesota Statutes 1996, 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, who have 36 48 months or less in or remaining in their
term of imprisonment, and who did not receive a dispositional
departure under the sentencing guidelines.
An eligible inmate is not entitled to participate in the program.
Sec. 27. [244.20] [PROBATION SUPERVISION.]
Notwithstanding sections 260.311, subdivision 1, and
609.135, subdivision 1, the department of corrections shall have
exclusive responsibility for providing probation services for
adult felons in counties that do not take part in the Community
Corrections Act. In counties that do not take part in the
Community Corrections Act, the responsibility for providing
probation services for individuals convicted of gross
misdemeanor offenses shall be discharged according to local
judicial policy.
Sec. 28. [244.21] [COLLECTION OF INFORMATION ON OFFENDERS;
REPORTS REQUIRED.]
Subdivision 1. [COLLECTION OF INFORMATION BY PROBATION
SERVICE PROVIDERS; REPORT REQUIRED.] By January 1, 1998,
probation service providers shall begin collecting and
maintaining information on offenders under supervision. The
commissioner of corrections shall specify the nature and extent
of the information to be collected. By April 1 of every year,
each probation service provider shall report a summary of the
information collected to the commissioner.
Subd. 2. [COMMISSIONER OF CORRECTIONS REPORT.] By January
15, 1998, the commissioner of corrections shall report to the
chairs of the senate crime prevention and house of
representatives judiciary committees on recommended methods of
coordinating the exchange of information collected on offenders
under subdivision 1: (1) between probation service providers;
and (2) between probation service providers and the department
of corrections, without requiring service providers to acquire
uniform computer software.
Sec. 29. [244.22] [REVIEW OF PLANNED EXPENDITURES OF
PROBATION SERVICE PROVIDERS; DISTRIBUTION OF MONEY TO MULTIPLE
PROBATION SERVICE PROVIDERS WITHIN A SINGLE COUNTY.]
(a) The commissioner of corrections shall review the
planned expenditures of probation service providers before
allocating probation caseload reduction grants appropriated by
the legislature. The review must determine whether the planned
expenditures comply with applicable law.
(b) In counties where probation services are provided by
both county and department of corrections employees, a
collaborative plan addressing the local needs shall be
developed. The commissioner of corrections shall specify the
manner in which probation caseload reduction grant money shall
be distributed between the providers according to the approved
plan.
Sec. 30. [244.24] [CLASSIFICATION SYSTEM FOR ADULT
OFFENDERS.]
By February 1, 1998, all probation agencies shall adopt
written policies for classifying adult offenders. The
commissioner of corrections shall assist probation agencies in
locating organizations that may provide training and technical
assistance to the agencies concerning methods to develop and
implement effective, valid classification systems.
Sec. 31. Minnesota Statutes 1996, section 260.1735, is
amended to read:
260.1735 [EXTENSION OF DETENTION PERIOD.]
Subdivision 1. [DETENTION.] Before July 1, 1997 1999, and
pursuant to a request from an eight-day temporary holdover
facility, as defined in section 241.0221, the commissioner of
corrections, or the commissioner's designee, may grant a
one-time extension per child to the eight-day limit on detention
under this chapter. This extension may allow such a facility to
detain a child for up to 30 days including weekends and
holidays. Upon the expiration of the extension, the child may
not be transferred to another eight-day temporary holdover
facility. The commissioner shall develop criteria for granting
extensions under this section. These criteria must ensure that
the child be transferred to a long-term juvenile detention
facility as soon as such a transfer is possible. Nothing in
this section changes the requirements in section 260.172
regarding the necessity of detention hearings to determine
whether continued detention of the child is proper.
Subd. 2. [CONTINUED DETENTION.] (a) A delay not to exceed
48 hours may be made if 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.
(b) A delay may be made if 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 paragraph (a) or
(b) must be reported to the commissioner of corrections.
Sec. 32. Minnesota Statutes 1996, section 260.311,
subdivision 1, is amended to read:
Subdivision 1. [APPOINTMENT; JOINT SERVICES; STATE
SERVICES.] (a) If a county or group of counties has established
a human services board pursuant to chapter 402, the district
court may appoint one or more county probation officers as
necessary to perform court services, and the human services
board shall appoint persons as necessary to provide correctional
services within the authority granted in chapter 402. In all
counties of more than 200,000 population, which have not
organized pursuant to chapter 402, the district court shall
appoint one or more persons of good character to serve as county
probation officers during the pleasure of the court. All other
counties shall provide adult misdemeanant and juvenile probation
services to district courts in one of the following ways:
(1) the court, with the approval of the county boards, may
appoint one or more salaried county probation officers to serve
during the pleasure of the court;
(2) when two or more counties offer probation services the
district court through the county boards may appoint common
salaried county probation officers to serve in the several
counties;
(3) a county or a district court may request the
commissioner of corrections to furnish probation services in
accordance with the provisions of this section, and the
commissioner of corrections shall furnish such services to any
county or court that fails to provide its own probation officer
by one of the two procedures listed above;
(4) if a county or district court providing probation
services under clause (1) or (2) asks the commissioner of
corrections or the legislative body for the state of Minnesota
mandates the commissioner of corrections to furnish probation
services to the district court, the probation officers and other
employees displaced by the changeover shall be employed by the
commissioner of corrections. Years of service in the county
probation department are to be given full credit for future sick
leave and vacation accrual purposes;
(5) all probation officers serving the juvenile courts on
July 1, 1972, shall continue to serve in the county or counties
they are now serving.
(b) The commissioner of employee relations shall place
employees transferred to state service under paragraph (a),
clause (4), in the proper classifications in the classified
service. Each employee is appointed without examination at no
loss in salary or accrued vacation or sick leave benefits, but
no additional accrual of vacation or sick leave benefits may
occur until the employee's total accrued vacation or sick leave
benefits fall below the maximum permitted by the state for the
employee's position. An employee appointed under paragraph (a),
clause (4), shall serve a probationary period of six months.
After exhausting labor contract remedies, a noncertified
employee may appeal for a hearing within ten days to the
commissioner of employee relations, who may uphold the decision,
extend the probation period, or certify the employee. The
decision of the commissioner of employee relations is final.
The state shall negotiate with the exclusive representative for
the bargaining unit to which the employees are transferred
regarding their seniority. For purposes of computing seniority
among those employees transferring from one county unit only, a
transferred employee retains the same seniority position as the
employee had within that county's probation office.
Sec. 33. Minnesota Statutes 1996, section 401.13, is
amended to read:
401.13 [CHARGES MADE TO COUNTIES.]
Each participating county will be charged a sum equal to
the actual per diem cost of confinement of those juveniles
committed to the commissioner after August 1, 1973, and confined
in a state correctional facility. Provided, however, that the
amount charged a participating county for the costs of
confinement shall not exceed the subsidy to which the county is
eligible. The commissioner shall annually determine costs
making necessary adjustments to reflect the actual costs of
confinement. However, in no case shall the percentage increase
in the amount charged to the counties exceed the percentage by
which the appropriation for the purposes of sections 401.01 to
401.16 was increased over the preceding biennium. The
commissioner of corrections shall bill the counties and deposit
the receipts from the counties in the general fund. All charges
shall be a charge upon the county of commitment.
Sec. 34. Minnesota Statutes 1996, section 609.02, is
amended by adding a subdivision to read:
Subd. 15. [PROBATION.] "Probation" means a court-ordered
sanction imposed upon an offender for a period of supervision no
greater than that set by statute. It is imposed as an
alternative to confinement or in conjunction with confinement or
intermediate sanctions. The purpose of probation is to deter
further criminal behavior, punish the offender, help provide
reparation to crime victims and their communities, and provide
offenders with opportunities for rehabilitation.
Sec. 35. Minnesota Statutes 1996, section 609.15,
subdivision 1, is amended to read:
Subdivision 1. [CONCURRENT, CONSECUTIVE SENTENCES;
SPECIFICATION REQUIREMENT.] (a) Except as provided in paragraph
(b), when separate sentences of imprisonment are imposed on a
defendant for two or more crimes, whether charged in a single
indictment or information or separately, or when a person who is
under sentence of imprisonment in this state is being sentenced
to imprisonment for another crime committed prior to or while
subject to such former sentence, the court in the later
sentences shall specify whether the sentences shall run
concurrently or consecutively. If the court does not so
specify, the sentences shall run concurrently.
(b) An inmate of a state prison who is convicted of
committing an assault within the correctional facility is
subject to the consecutive sentencing provisions of section
609.2232.
Sec. 36. Minnesota Statutes 1996, section 609.2231,
subdivision 3, is amended to read:
Subd. 3. [CORRECTIONAL EMPLOYEES.] Whoever assaults
commits either of the following acts against an employee of a
correctional facility as defined in section 241.021, subdivision
1, clause (5), while the employee is engaged in the performance
of a duty imposed by law, policy or rule, and inflicts
demonstrable bodily harm, 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:
(1) assaults the employee and inflicts demonstrable bodily
harm; or
(2) intentionally throws or otherwise transfers bodily
fluids or feces at or onto the employee.
Sec. 37. [609.2232] [CONSECUTIVE SENTENCES FOR ASSAULTS
COMMITTED BY STATE PRISON INMATES.]
If an inmate of a state correctional facility is convicted
of violating section 609.221, 609.222, 609.223, 609.2231, or
609.224, while confined in the facility, the sentence imposed
for the assault shall be executed and run consecutively to any
unexpired portion of the offender's earlier sentence. The
inmate is not entitled to credit against the sentence imposed
for the assault for time served in confinement for the earlier
sentence. The inmate shall serve the sentence for the assault
in a state correctional facility even if the assault conviction
was for a misdemeanor or gross misdemeanor.
Sec. 38. Minnesota Statutes 1996, section 641.12, is
amended to read:
641.12 [COLLECTION OF FEES AND BOARD BILLS.]
Subdivision 1. [FEE.] A county board may require that each
person who is booked for confinement at a county or regional
jail, and not released upon completion of the booking process,
pay a fee of up to $10 to the sheriff's department of the county
in which the jail is located. The fee is payable immediately
from any money then possessed by the person being booked, or any
money deposited with the sheriff's department on the person's
behalf. If the person has no funds at the time of booking or
during the period of any incarceration, the sheriff shall notify
the district court in the county where the charges related to
the booking are pending, and shall request the assessment of the
fee. Notwithstanding section 609.10 or 609.125, upon
notification from the sheriff, the district court must order the
fee paid to the sheriff's department as part of any sentence or
disposition imposed. If the person is not charged, is
acquitted, or if the charges are dismissed, the sheriff shall
return the fee to the person at the last known address listed in
the booking records.
Subd. 2. [BOARD.] At the end of every month the sheriff of
each county shall render to the county auditor a statement
showing the name of each fugitive from justice, United States
prisoner, one committed from another county or one committed by
virtue of any city ordinance, the amount due the county for
board of each and from whom, and also of all amounts due for
board of prisoners for the preceding month.
Sec. 39. Laws 1995, chapter 226, article 3, section 60,
subdivision 4, is amended to read:
Subd. 4. [TIME LINES.] By December 1, 1996, the rulemaking
committee shall submit draft rule parts which address the
program standards, evaluation, and auditing standards and
procedures to the chairs of the senate crime prevention and
house of representatives judiciary committee for review. By
July 31, 1997, the licensing and programming rulemaking process
shall be completed. By July 1, 1998, the licensing and
programming rule draft shall be completed. Promulgation of the
draft rule parts, under the provision of Minnesota Statutes,
chapter 14, shall commence immediately thereafter. In addition,
the commissioner of corrections and commissioner of human
services may develop interpretive guidelines for the licensing
and programming rule.
Sec. 40. Laws 1996, chapter 408, article 8, section 21, is
amended to read:
Sec. 21. [TEMPORARY PROVISION; ELECTION TO RETAIN
RETIREMENT COVERAGE.]
(a) An employee in a position specified as qualifying under
sections 11, 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 December 31, 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. 41. Laws 1996, chapter 408, article 8, section 22,
subdivision 1, is amended to read:
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 11,
12, 14, and 15, and 16, 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 December 31, 1997, with the
department of corrections or with the department of human
services at the Minnesota security hospital or the Minnesota
sexual psychopathic personality treatment center. 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 11, 12, 14, and 15, and 16, 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 11, 12, 14, or 15, or 16, 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.
Sec. 42. Laws 1996, chapter 408, article 8, section 24, is
amended to read:
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 11, 12, 14, and 15, and 16, and
who is at least 55 years old on the effective date of sections
11, 12, 14, and 15, and 16. 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 11, 12, 14, and 15, and
16, 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 June 30, 1998, 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. 43. [OPERATION OF SAUK CENTRE.]
(a) After December 30, 1998, the Minnesota correctional
facility-Sauk Centre may no longer confine juvenile male
offenders who are committed to the commissioner's custody. By
January 1, 1999, male juvenile offenders who are committed to
the commissioner's custody must be transferred from Sauk Centre
to the Minnesota correctional facility-Red Wing, or upon order
of the juvenile court, to an appropriate county placement,
notwithstanding Minnesota Statutes, section 260.185.
(b) After December 30, 1998, the commissioner of
corrections may operate the facility in any manner not
inconsistent with this section.
Sec. 44. [JUVENILE SEX OFFENDER TREATMENT PROGRAM.]
By January 1, 1999, the commissioner of corrections shall
begin operating a juvenile sex offender treatment program at the
Minnesota correctional facility-Red Wing.
Sec. 45. [ADMISSIONS CRITERIA FOR MINNESOTA CORRECTIONAL
FACILITY-RED WING.]
(a) By January 1, 1999, the commissioner of corrections
shall develop admissions criteria for the placement of juveniles
at the Minnesota correctional facility-Red Wing. In developing
these criteria, the commissioner shall seek and consider the
advice of county representatives. These criteria must ensure
that juveniles who commit less serious offenses or who do not
need the type of supervision and programming available at Red
Wing are not placed there. These criteria must ensure that to
the greatest extent possible, juveniles are supervised and
programmed for in the community in which they live or whose
jurisdiction they are under.
(b) By February 15, 1998, the commissioner shall report to
the chairs of the senate crime prevention and judiciary budget
division and the house judiciary finance division on the
development of the criteria required under paragraph (a). The
report must include draft admissions criteria.
Sec. 46. [PLAN FOR CONTINUED OPERATION OF SAUK CENTRE
FACILITY.]
By January 15, 1998, the commissioner of corrections shall
report to the chairs of the house and senate committees and
divisions having jurisdiction over criminal justice policy and
funding on issues related to the Minnesota correctional
facility-Sauk Centre. The report must include a detailed plan
describing how the commissioner proposes to use the facility
after it ceases to be a juvenile facility for male offenders and
the costs associated with operating the facility in the manner
proposed.
Sec. 47. [JUVENILE PLACEMENT STUDY.]
The legislative audit commission is requested to direct the
legislative auditor to conduct a study of the placement of
juvenile offenders. The study shall include:
(1) an evaluation of existing placements for juvenile
offenders, including, but not limited to, the number of beds at
each facility, the average number of beds occupied each day at
each facility, the location of each facility, and the type of
programming offered at each facility;
(2) an estimate of the projected need for additional
placements for juvenile offenders, including the locations where
beds will be needed;
(3) an examination of the per diem components per offender
at state, local, and private facilities providing placements for
juvenile offenders;
(4) an assessment of how to best meet treatment needs for
juvenile sex offenders, chemically dependent juveniles, and
female offenders;
(5) an evaluation of available federal funding for
placement of juvenile offenders;
(6) an evaluation of the strengths and weaknesses of state,
regional, and private facilities; and
(7) any other issues that may affect juvenile placements.
If the commission directs the auditor to conduct this
study, the auditor shall report findings to the chairs of the
house and senate committees and divisions with jurisdiction over
criminal justice policy and funding issued by January 15, 1998.
Sec. 48. [PROBATION OUTCOME MEASUREMENT WORK GROUP.]
Subdivision 1. [WORK GROUP ESTABLISHED; PURPOSE.] The
commissioner of corrections shall establish a work group to
develop uniform statewide probation outcome measures. The
outcome measures must focus primarily on adult offenders but, to
the extent possible, may also address juvenile offenders. The
work group shall develop definitions that may be used by all
state and local probation service providers to report outcome
information for probation services. The work group shall
recommend a method by which probation service providers may
measure and report recidivism of adult felons in a uniform
manner.
Subd. 2. [MEMBERSHIP.] The commissioner of corrections
shall appoint individuals who have demonstrated experience in
the probation field to serve as members of the work group. The
commissioner shall ensure that community corrections act
counties and noncommunity corrections act counties are equally
represented on the work group. The commissioner, or the
commissioner's designee, shall serve on the work group and act
as its chair.
Subd. 3. [REVIEW OF OUTCOME MEASURES.] By November 1,
1997, the work group shall submit its recommendations on outcome
measures to the criminal and juvenile justice information policy
group for review.
Subd. 4. [REPORT REQUIRED.] The work group shall report
its findings and recommendations to the chairs of the senate and
house of representatives committees having jurisdiction over
criminal justice policy by January 15, 1998. The report must
indicate what comments or modifications, if any, were made or
suggested by the criminal and juvenile justice information
policy group and whether the work group altered its
recommendations because of this.
Sec. 49. [DEPARTMENT OF CORRECTIONS BIENNIAL PERFORMANCE
REPORT.]
The department of corrections must include in its agency
performance report for the year 2000 a summary of statewide
information on the reoffense rates of adult felons on probation.
Sec. 50. [AMENDMENT TO RULES DIRECTED.]
By July 1, 1998, the department of corrections shall amend
Minnesota Rules, part 2940.3500, subpart 2, to require that a
revocation hearing occur within 12 working days of the
releasee's availability to the department. This amendment must
be done in the manner specified in Minnesota Statutes, section
14.388, under authority of clause (3) of that section. This
section does not restrict a hearing officer's authority to grant
a continuance.
Sec. 51. [INSTRUCTION TO REVISOR.]
The revisor of statutes shall renumber Minnesota Statutes,
section 260.311, as 244.19. The revisor shall also make
necessary cross-reference changes consistent with the
renumbering.
Sec. 52. [REPEALER.]
Minnesota Statutes 1996, section 244.06, is repealed.
Sec. 53. [EFFECTIVE DATES.]
Sections 15, 19, and 35 to 37 are effective August 1, 1997,
and apply to crimes committed on or after that date. Sections
16 and 33 are effective January 1, 1999. Sections 27, 29, 30,
32, 34, and 43 to 48 are effective the day following final
enactment. Section 28 is effective January 1, 1998.
ARTICLE 10
DOMESTIC ABUSE PERPETRATED BY A MINOR
Section 1. [PILOT PROGRAM.]
Actions under sections 2 to 26 are limited to a pilot
program in the 4th judicial district for the period June 1,
1998, through July 31, 1999. At the conclusion of the pilot
period, the 4th judicial district shall report to the
legislature on the number of petitions filed under sections 2 to
26, the relationship of the parties, and the disposition of each
petition.
Sec. 2. [DEFINITIONS.]
Subdivision 1. [SCOPE.] The definitions in this section
apply to sections 2 to 26.
Subd. 2. [ALTERNATIVE SAFE LIVING ARRANGEMENT.]
"Alternative safe living arrangement" means a living arrangement
for a minor respondent proposed by a petitioning parent or
guardian if a court excludes the minor from the parent's or
guardian's home under sections 2 to 26, that is separate from
the victim of domestic abuse and safe for the minor respondent.
A living arrangement proposed by a petitioning parent or
guardian is presumed to be an alternative safe living
arrangement absent information to the contrary presented to the
court. In evaluating any proposed living arrangement, the court
shall consider whether the arrangement provides the minor
respondent with necessary food, clothing, shelter, and education
in a safe environment. Any proposed living arrangement that
would place the minor respondent in the care of an adult who has
been physically or sexually violent is presumed unsafe.
Minnesota Statutes, sections 245A.01 to 245A.16, do not apply to
an alternative safe living arrangement.
Subd. 3. [DOMESTIC ABUSE PERPETRATED BY A MINOR.]
"Domestic abuse perpetrated by a minor" means any of the
following if committed against a family or household member by a
family or household member who is a minor:
(1) physical harm, bodily injury, or assault;
(2) infliction of fear of imminent physical harm, bodily
injury, or assault; or
(3) terroristic threats, within the meaning of Minnesota
Statutes, section 609.713, subdivision 1, or criminal sexual
conduct, within the meaning of Minnesota Statutes, section
609.342, 609.343, 609.344, or 609.345.
Subd. 4. [FAMILY OR HOUSEHOLD MEMBER.] "Family or
household member" of a person means:
(1) the person's spouse;
(2) the person's former spouse;
(3) the person's parent;
(4) the person's child;
(5) a person related by blood to the person;
(6) a person who is presently residing with the person or
who has resided with the person in the past;
(7) a person who has a child in common with the person
regardless of whether they have been married or have lived
together at any time;
(8) two persons if one is pregnant and the other is alleged
to be the father, regardless of whether they have been married
or have lived together at any time; and
(9) a person involved with the person in a significant
romantic or sexual relationship.
Issuance of an order for protection/minor respondent in the
situation described in clause (8) does not affect a
determination of paternity under Minnesota Statutes, sections
257.51 to 257.74.
Subd. 5. [MINOR.] "Minor" means a person under the age of
18.
Sec. 3. [COURT JURISDICTION.]
An application for relief under sections 2 to 26 may be
filed in district court in the county of residence of either
party or in the county in which the alleged domestic abuse
occurred. In a jurisdiction that uses referees in dissolution
actions or juvenile court, the court or judge may refer actions
under this section to a referee to take and report the evidence
in the action in the same manner and subject to the same
limitations as provided in Minnesota Statutes, section 518.13.
Actions under sections 2 to 26 must be given docket priority by
the court.
Sec. 4. [FILING FEE.]
The filing fees for an order for protection/minor
respondent under section 7 are waived for the petitioner. The
court administrator and the sheriff of any county in this state
shall perform their duties relating to service of process
without charge to the petitioner. The court shall direct
payment of the reasonable costs of service of process by a
private process server if the sheriff is unavailable or if
service is made by publication, without requiring the petitioner
to make application under Minnesota Statutes, section 563.01.
Sec. 5. [INFORMATION ON PETITIONER'S LOCATION OR
RESIDENCE.]
Upon the petitioner's request, information maintained by a
court regarding the petitioner's location or residence is not
accessible to the public and may be disclosed only to court or
law enforcement personnel for purposes of service of process,
conducting an investigation, or enforcing an order.
Sec. 6. [RULES.]
Actions under sections 2 to 26 are governed by the
Minnesota Rules of Civil Procedure except as otherwise provided.
Sec. 7. [ORDER FOR PROTECTION/MINOR RESPONDENT.]
Subdivision 1. [NAME OF ACTION.] There is an action known
as a petition for an order for protection/minor respondent in
cases of domestic abuse perpetrated by a minor.
Subd. 2. [ELIGIBLE PETITIONER.] A petition for relief
under sections 2 to 26 may be made by an adult family or
household member personally or by a guardian as defined in
Minnesota Statutes, section 524.1-201, clause (20), or, if the
court finds that it is in the best interests of the minor, by a
reputable adult who is at least 25 years old on behalf of a
minor family or household member. A minor who is at least 16
years old may make a petition on the minor's own behalf against
a spouse or former spouse who is a minor or another minor with
whom the minor petitioner has a child in common if the court
determines that the minor has sufficient maturity and judgment
and that it is in the best interests of the minor.
Subd. 3. [CONTENTS OF PETITION.] (a) A petition for relief
must allege the existence of domestic abuse perpetrated by a
minor and be accompanied by a sworn affidavit stating the
specific facts and circumstances from which relief is sought.
(b) A petition for relief must state whether the petitioner
has ever had an order for protection in effect against the minor
respondent.
(c) A petition for relief must state whether there is an
existing order for protection in effect under sections 2 to 26
or under Minnesota Statutes, chapter 518B, governing both the
parties and whether there is a pending lawsuit, complaint,
petition, or other action between the parties under Minnesota
Statutes, chapter 257, 260, 518, 518A, 518B, or 518C.
Subd. 4. [OTHER ORDERS OR ACTIONS.] The court
administrator shall verify the terms of any existing order
governing the parties. The court may not delay granting relief
because of the existence of a pending action between the parties
or the necessity of verifying the terms of an existing order. A
subsequent order in a separate action under sections 2 to 26 may
modify only the provision of an existing order that grants
relief authorized under section 10, paragraph (a), clause (1).
A petition for relief may be granted whether or not there is a
pending action between the parties.
Subd. 5. [SIMPLIFIED FORMS.] The court shall provide
simplified forms and clerical assistance to help with the
writing and filing of a petition under sections 2 to 26.
Subd. 6. [ADVICE ON RESTITUTION.] The court shall advise a
petitioner of the right to seek restitution under the petition
for relief.
Sec. 8. [HEARING ON APPLICATION; PROCEDURE AND NOTICE.]
Subdivision 1. [HEARING DATE.] Upon receipt of a petition
under sections 2 to 26, the court shall order a hearing to be
held not later than 14 days from the date of the order. If an
ex parte order has been issued under section 12, the time
periods for holding a hearing under that section apply.
Subd. 2. [SERVICE.] If an ex parte order has been issued
under section 12 and an order for immediate custody has been
issued under sections 2 to 26 and Minnesota Statutes, chapter
260, personal service upon the minor respondent must be made by
the county sheriff or police when the order for immediate
custody is executed. In all other cases, personal service of
the petition and order must be made upon the minor respondent
not less than five days before the hearing. Service must also
be made upon the minor respondent by mailing a copy of the
petition and order to the minor respondent's last known
address. Service is complete upon personal receipt by the minor
respondent or three days after the mailing. The court shall
have notice of the pendency of the case and of the time and
place of the hearing served by mail at the last known address
upon any parent or guardian of the minor respondent who is not
the petitioner.
Subd. 3. [CLOSED HEARING.] Upon request of either party
and for good cause shown, the court may close the hearing to the
public and close the records to public inspection.
Subd. 4. [DOMESTIC ABUSE ADVOCATES.] In all proceedings
under sections 2 to 26, domestic abuse advocates must be allowed
to attend and to sit at the counsel table, confer with the
petitioner, and at the judge's discretion, address the court.
Court administrators shall allow domestic abuse advocates to
assist victims of domestic abuse perpetrated by a minor in the
preparation of petitions for orders for protection/minor
respondents. While assisting victims of domestic violence under
this subdivision, domestic abuse advocates are not engaged in
the unauthorized practice of law.
Sec. 9. [GUARDIAN AD LITEM.]
(a) If the petitioner requests that the minor respondent be
removed from the minor respondent's parent's home, the court
shall appoint a guardian ad litem on behalf of the minor
respondent for the limited purpose of assuring that the minor
respondent is placed in an alternative safe living arrangement.
The guardian ad litem's limited responsibilities are conducting
an interview to obtain the minor respondent's views on any
proposed alternative safe living arrangements, reviewing any
proposed alternative safe living arrangements, and appearing at
the hearing on the order for protection/minor respondent. It is
not within the responsibilities of the guardian ad litem to
assess or comment upon whether domestic abuse occurred.
(b) In any other case brought under sections 2 to 26, the
court may appoint a guardian ad litem if it appears to the court
that the minor lacks the maturity to understand the proceedings.
(c) The guardian ad litem may not be held civilly or
criminally liable for any act or failure to act under sections 2
to 26.
Sec. 10. [RELIEF BY THE COURT.]
(a) Upon notice and hearing, the court may provide relief
as follows:
(1) restrain the abusing party from committing acts of
domestic abuse;
(2) exclude the abusing party from the dwelling which the
parties share or from the residence of the petitioner;
(3) if the court excludes a minor respondent from the minor
respondent's parent's home, and the parent or guardian is either
unable or unwilling to provide an alternative safe living
arrangement for the minor respondent, the court may find that
there are reasonable grounds to believe that the minor
respondent's safety and well-being are endangered because of the
exclusion and the parent's or guardian's unwillingness or
inability to provide an alternative living arrangement, in which
case the court may order, by endorsement upon the petition, that
a peace officer shall take the minor respondent into immediate
custody under Minnesota Statutes, section 260.165, subdivision
1;
(4) exclude the abusing party from a specifically described
reasonable area surrounding the dwelling or residence;
(5) award temporary custody or establish temporary
visitation with regard to minor children of the parties on a
basis that gives primary consideration to the safety of the
victim and the children. Except for cases in which custody is
contested, findings under Minnesota Statutes, section 257.025 or
518.175, are not required. If the court finds that the safety
of the victim or the children may be jeopardized by unsupervised
or unrestricted visitation, the court shall condition or
restrict visitation as to time, place, duration, or supervision,
or deny visitation entirely, as needed to guard the safety of
the victim and the children. The court's decision on custody
and visitation must not delay the issuance of an order for
protection/minor respondent granting other relief provided for
in this section;
(6) on the same basis as is provided in Minnesota Statutes,
chapter 518, establish temporary support for minor children or a
spouse and order the withholding of support from the income of
the person obligated to pay the support according to Minnesota
Statutes, chapter 518;
(7) provide upon request of the petitioner counseling or
other social services for the parties if they are married or if
there are minor children;
(8) order the abusing party to participate in treatment or
counseling services;
(9) in the case of married juveniles, award temporary use
and possession of property and restrain one or both parties from
transferring, encumbering, concealing, or disposing of property
except in the usual course of business or for the necessities of
life, and require the party to account to the court for all such
transfers, encumbrances, dispositions, and expenditures made
after the order is served or communicated to the party
restrained in open court;
(10) exclude the abusing party from the place of employment
of the petitioner, or otherwise limit access to the petitioner
by the abusing party at the petitioner's place of employment;
(11) order the abusing party to pay restitution to the
petitioner;
(12) order the continuance of all currently available
insurance coverage without change in coverage or beneficiary
designation; and
(13) order, in its discretion, other relief the court
considers necessary for the protection of a family or household
member, including orders or directives to law enforcement
personnel under sections 2 to 26.
(b) Relief granted by the order for protection/minor
respondent must be for a fixed period not to exceed one year
unless the court determines a longer fixed period is
appropriate. If a referee presides at the hearing on the
petition, the order granting relief becomes effective upon the
referee's signature.
(c) An order granting the relief authorized in paragraph
(a), clause (1), may not be vacated or modified in a proceeding
for dissolution of marriage or legal separation, except that the
court may hear a motion for modification of an order for
protection concurrently with a proceeding for dissolution of
marriage upon notice of motion and motion. The notice required
by court rule must not be waived. If the proceedings are
consolidated and the motion to modify is granted, a separate
order for modification of an order for protection must be issued.
(d) An order granting the relief authorized in paragraph
(a), clause (2), is not voided by the admittance of the abusing
party into the dwelling from which the abusing party is excluded.
(e) If a proceeding for dissolution of marriage or legal
separation is pending between the parties, the court shall
provide a copy of the order for protection/minor respondent to
the court with jurisdiction over the dissolution or separation
proceeding for inclusion in its file.
(f) An order for restitution issued under this subdivision
is enforceable as a civil judgment.
Sec. 11. [SUBSEQUENT ORDERS AND EXTENSIONS.]
Upon application, notice to all parties, and hearing, a
court may extend the relief granted in an existing order for
protection/minor respondent or, if a petitioner's order for
protection/minor respondent is no longer in effect when an
application for subsequent relief is made, grant a new order.
The court may extend the terms of an existing order or, if an
order is no longer in effect, grant a new order upon a showing
that:
(1) the minor respondent has violated a prior or existing
order for protection issued under sections 2 to 26 or Minnesota
Statutes, chapter 518B;
(2) the petitioner is reasonably in fear of physical harm
from the minor respondent; or
(3) the minor respondent has engaged in acts of harassment
or stalking within the meaning of Minnesota Statutes, section
609.749, subdivision 2.
A petitioner does not need to show that physical harm is
imminent to obtain an extension or a subsequent order under this
section.
Sec. 12. [EX PARTE ORDER.]
(a) If a petition under sections 2 to 26 alleges an
immediate and present danger of domestic abuse perpetrated by a
minor, the court may grant an ex parte order for
protection/minor respondent and grant relief the court considers
proper, including an order:
(1) restraining the abusing party from committing acts of
domestic abuse;
(2) excluding any party from a shared dwelling or from the
residence of the other except by further order of the court;
(3) if the court excludes a minor respondent from the minor
respondent's parent's home and the parent or guardian is either
unable or unwilling to provide an alternative safe living
arrangement for the minor respondent, the court may find that
there are reasonable grounds to believe that the minor
respondent's safety and well-being are endangered because of the
exclusion and the parent's or guardian's unwillingness or
inability to provide an alternative safe living arrangement, in
which case the court may order, by endorsement upon the
petition, that a peace officer shall take the minor respondent
into immediate custody under Minnesota Statutes, section
260.165, subdivision 1;
(4) excluding the abusing party from the place of
employment of the petitioner or otherwise limiting access to the
petitioner by the abusing party at the petitioner's place of
employment; and
(5) continuing all currently available insurance coverage
without change in coverage or beneficiary designation.
(b) A finding by the court that there is a basis for
issuing an ex parte order for protection/minor respondent
constitutes a finding that sufficient reasons exist not to
require notice under applicable court rules governing
applications for ex parte relief.
(c) An ex parte order for protection/minor respondent is
effective for a fixed period set by the court, as provided in
section 10, paragraph (b), or until modified or vacated by the
court after a hearing. A full hearing, as provided by sections
2 to 26, must be set for not later than seven days from the
issuance of the ex parte order. Notwithstanding provisions of
sections 2 to 26 to the contrary, if the order takes the minor
respondent into custody under Minnesota Statutes, section
260.165, a full hearing must be held within 72 hours of the
execution of the order for immediate custody.
(d) Nothing in this section affects the right of a party to
seek modification of an order under section 16.
Sec. 13. [SERVICE; ALTERNATE SERVICE; PUBLICATION.]
Subdivision 1. [SERVICE ON MINOR RESPONDENT AND PARENT OR
GUARDIAN.] If an ex parte order has been issued under section 10
and an order for immediate custody has been issued under
sections 2 to 26 and Minnesota Statutes, chapter 260, personal
service upon the minor respondent must be made by the county
sheriff or police when the order for immediate custody is
executed. Personal service of the petition and order must be
made upon the minor respondent not less than five days prior to
the hearing. Service must also be made upon the minor
respondent by mailing a copy of the petition and order to the
minor respondent's last known address. Service is complete upon
personal receipt by the minor respondent or three days after the
mailing. The court shall have notice of the pendency of the
case and of the time and place of the hearing served by mail at
the last known address upon any parent or guardian of the minor
respondent who is not the petitioner.
Subd. 2. [SERVICE OUTSIDE MINNESOTA.] Service out of this
state and in the United States may be proved by the affidavit of
the person making the service. Service outside the United
States may be proved by the affidavit of the person making the
service taken before and certified by any United States
minister, charge d'affaires, commissioner, consul, commercial
agent, or other consular or diplomatic officer of the United
States appointed to reside in the other country, including all
deputies or other representatives of the officer authorized to
perform their duties or before an officer authorized to
administer an oath with the certificate of an officer of a court
of record of the country in which the affidavit is taken as to
the identity and authority of the officer taking the affidavit.
Sec. 14. [ASSISTANCE OF LAW ENFORCEMENT PERSONNEL IN
SERVICE OR EXECUTION.]
If an order for protection/minor respondent is issued under
sections 2 to 26, on request of the petitioner the court shall
order law enforcement personnel to accompany the petitioner and
assist in placing the petitioner in possession of the dwelling
or residence or otherwise assist in execution or service of the
order. If the application for relief is brought in a county in
which the minor respondent is not present, the sheriff shall
forward the pleadings necessary for service upon the minor
respondent to the sheriff of the county in which the minor
respondent is present. This transmittal must be expedited to
allow for timely service.
Sec. 15. [RIGHT TO APPLY FOR RELIEF.]
(a) A person's right to apply for relief is not affected by
the person's leaving the residence or household to avoid abuse.
(b) The court shall not require security or bond of any
party unless the court considers it necessary in exceptional
cases.
Sec. 16. [MODIFICATION OF ORDER.]
Upon application, notice to all parties, and hearing, the
court may modify the terms of an existing order for protection.
Sec. 17. [REAL ESTATE.]
Nothing in sections 2 to 26 affects the title to real
estate.
Sec. 18. [COPY TO LAW ENFORCEMENT AGENCY.]
(a) An order for protection/minor respondent granted under
sections 2 to 26 must be forwarded by the court administrator
within 24 hours to the local law enforcement agency with
jurisdiction over the residence of the petitioner.
Each appropriate law enforcement agency shall make
available to other law enforcement officers through a system for
verification information as to the existence and status of any
order for protection/minor respondent issued under sections 2 to
26.
(b) If the petitioner notifies the court administrator of a
change in the petitioner's residence so that a different local
law enforcement agency has jurisdiction over the residence, the
order for protection/minor respondent must be forwarded by the
court administrator to the new law enforcement agency within 24
hours of the notice. If the petitioner notifies the new law
enforcement agency that an order for protection/minor respondent
has been issued under sections 2 to 26 and the petitioner has
established a new residence within that agency's jurisdiction,
within 24 hours the local law enforcement agency shall request a
copy of the order from the court administrator in the county
that issued the order.
(c) If an order for protection/minor respondent is granted,
the petitioner must be told by the court that:
(1) notification of a change in residence should be given
immediately to the court administrator and to the local law
enforcement agency having jurisdiction over the new residence of
the applicant;
(2) the reason for notification of a change in residence is
to forward an order for protection/minor respondent to the
proper law enforcement agency; and
(3) the order for protection/minor respondent must be
forwarded to the law enforcement agency having jurisdiction over
the new residence within 24 hours of notification of a change in
residence, whether notification is given to the court
administrator or to the local law enforcement agency having
jurisdiction over the applicant's new residence.
An order for protection/minor respondent is enforceable
even if the petitioner does not notify the court administrator
or the appropriate law enforcement agency of a change in
residence.
Sec. 19. [VIOLATION OF AN ORDER FOR PROTECTION/MINOR
RESPONDENT.]
Subdivision 1. [AFFIDAVIT; ORDER TO SHOW CAUSE.] The
petitioner, a peace officer, or an interested party designated
by the court may file an affidavit with the court alleging that
a minor respondent has violated an order for protection/minor
respondent under sections 2 to 26. The court may order the
minor respondent to appear and show cause within 14 days why the
minor respondent should not be found in contempt of court and
punished for the contempt. The court may also order the minor
to participate in counseling or other appropriate programs
selected by the court. The hearing may be held by the court in
any county in which the petitioner or minor respondent
temporarily or permanently resides at the time of the alleged
violation.
Subd. 2. [EXTENSION OF PROTECTION ORDER.] If it is alleged
that a minor respondent has violated an order for
protection/minor respondent issued under sections 2 to 26 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/minor respondent
based solely on the minor respondent's alleged violation of the
prior order, to be effective until the hearing on the alleged
violation of the prior order. The relief granted in the new
order for protection/minor respondent must be extended for a
fixed period, not to exceed one year, except when the court
determines a longer fixed period is appropriate.
Subd. 3. [ADMITTANCE INTO DWELLING.] Admittance into the
petitioner's dwelling of an abusing party excluded from the
dwelling under an order for protection/minor respondent is not a
violation by the petitioner of the order.
Sec. 20. [ADMISSIBILITY OF TESTIMONY IN CRIMINAL OR
DELINQUENCY PROCEEDING.]
Any testimony offered by a minor respondent in a hearing
under sections 2 to 26 is inadmissible in a criminal or
delinquency proceeding.
Sec. 21. [OTHER REMEDIES AVAILABLE.]
Any proceeding under sections 2 to 26 is in addition to
other civil or criminal remedies.
Sec. 22. [EFFECT ON CUSTODY PROCEEDINGS.]
In a subsequent custody proceeding the court may consider,
but is not bound by, a finding in a proceeding under sections 2
to 26 that domestic abuse perpetrated by a minor has occurred.
Sec. 23. [NOTICES.]
Each order for protection/minor respondent granted under
sections 2 to 26 must contain a conspicuous notice to the minor
respondent that:
(1) violation of an order for protection/minor respondent
could result in out-of-home placement while the respondent is a
minor and constitutes contempt of court; and
(2) the minor respondent is forbidden to enter or stay at
the petitioner's residence, even if invited to do so by the
petitioner or any other person; in no event is the order for
protection/minor respondent voided.
Sec. 24. [RECORDING REQUIRED.]
Proceedings under sections 2 to 26 must be recorded.
Sec. 25. [STATEWIDE APPLICATION.]
An order for protection/minor respondent granted under
sections 2 to 26 applies throughout this state.
Sec. 26. [ORDER FOR PROTECTION/MINOR RESPONDENT FORMS.]
The state court administrator, in consultation with the
advisory council on battered women, city and county attorneys,
and legal advocates who work with victims, shall develop a
uniform order for protection/minor respondent form that will
facilitate the consistent enforcement of orders for
protection/minor respondent throughout the state.
Sec. 27. [EFFECTIVE DATE.]
Sections 1 to 26 are effective June 1, 1998.
ARTICLE 11
CHANGES TO OTHER LAW
Section 1. Minnesota Statutes 1996, section 260.015,
subdivision 2a, is amended to read:
Subd. 2a. [CHILD IN NEED OF PROTECTION OR SERVICES.]
"Child in need of protection or services" means a child who is
in need of protection or services because the child:
(1) is abandoned or without parent, guardian, or custodian;
(2)(i) has been a victim of physical or sexual abuse, or
(ii) resides with or has resided with a victim of domestic child
abuse as defined in subdivision 24, (iii) resides with or would
reside with a perpetrator of domestic child abuse or child abuse
as defined in subdivision 28, or (iv) is a victim of emotional
maltreatment as defined in subdivision 5a;
(3) is without necessary food, clothing, shelter,
education, or other required care for the child's physical or
mental health or morals because the child's parent, guardian, or
custodian is unable or unwilling to provide that care;
(4) is without the special care made necessary by a
physical, mental, or emotional condition because the child's
parent, guardian, or custodian is unable or unwilling to provide
that care;
(5) is medically neglected, which includes, but is not
limited to, the withholding of medically indicated treatment
from a disabled infant with a life-threatening condition. The
term "withholding of medically indicated treatment" means the
failure to respond to the infant's life-threatening conditions
by providing treatment, including appropriate nutrition,
hydration, and medication which, in the treating physician's or
physicians' reasonable medical judgment, will be most likely to
be effective in ameliorating or correcting all conditions,
except that the term does not include the failure to provide
treatment other than appropriate nutrition, hydration, or
medication to an infant when, in the treating physician's or
physicians' reasonable medical judgment:
(i) the infant is chronically and irreversibly comatose;
(ii) the provision of the treatment would merely prolong
dying, not be effective in ameliorating or correcting all of the
infant's life-threatening conditions, or otherwise be futile in
terms of the survival of the infant; or
(iii) the provision of the treatment would be virtually
futile in terms of the survival of the infant and the treatment
itself under the circumstances would be inhumane;
(6) is one whose parent, guardian, or other custodian for
good cause desires to be relieved of the child's care and
custody;
(7) has been placed for adoption or care in violation of
law;
(8) is without proper parental care because of the
emotional, mental, or physical disability, or state of
immaturity of the child's parent, guardian, or other custodian;
(9) is one whose behavior, condition, or environment is
such as to be injurious or dangerous to the child or others. An
injurious or dangerous environment may include, but is not
limited to, the exposure of a child to criminal activity in the
child's home;
(10) has committed a delinquent act before becoming ten
years old;
(11) is a runaway;
(12) is an habitual truant; or
(13) is one whose custodial parent's parental rights to
another child have been involuntarily terminated within the past
five years.; or
(14) has been found by the court to have committed domestic
abuse perpetrated by a minor under article 10, sections 2 to 26,
has been ordered excluded from the child's parent's home by an
order for protection/minor respondent, and the parent or
guardian is either unwilling or unable to provide an alternative
safe living arrangement for the child.
Sec. 2. Minnesota Statutes 1996, section 260.165,
subdivision 1, is amended to read:
Subdivision 1. No child may be taken into immediate
custody except:
(a) With an order issued by the court in accordance with
the provisions of section 260.135, subdivision 5, or article 10,
section 10, paragraph (a), clause (3), or 12, paragraph (a),
clause (3), or by a warrant issued in accordance with the
provisions of section 260.145; or
(b) In accordance with the laws relating to arrests; or
(c) By a peace officer
(1) when a child has run away from a parent, guardian, or
custodian, or when the peace officer reasonably believes the
child has run away from a parent, guardian, or custodian; or
(2) when a child is found in surroundings or conditions
which endanger the child's health or welfare or which such peace
officer reasonably believes will endanger the child's health or
welfare. If an Indian child is a resident of a reservation or
is domiciled on a reservation but temporarily located off the
reservation, the taking of the child into custody under this
clause shall be consistent with the Indian Child Welfare Act of
1978, United States Code, title 25, section 1922;
(d) By a peace officer or probation or parole officer when
it is reasonably believed that the child has violated the terms
of probation, parole, or other field supervision; or
(e) By a peace officer or probation officer under section
260.132, subdivision 4.
Sec. 3. Minnesota Statutes 1996, 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 and placed in a shelter
care facility or relative's home by a peace officer pursuant to
section 260.165, subdivision 1, clause (a) or (c)(2) may be held
in custody 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 or unless the court has made a finding
of domestic abuse perpetrated by a minor after a hearing under
article 10, sections 2 to 26, in which case the court may extend
the period of detention for an additional seven days, within
which time the social service agency shall conduct an assessment
and shall provide recommendations to the court regarding
voluntary services or file a child in need of protection or
services petition.
(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. 4. Minnesota Statutes 1996, section 260.191,
subdivision 1, is amended to read:
Subdivision 1. [DISPOSITIONS.] (a) If the court finds that
the child is in need of protection or services or neglected and
in foster care, it shall enter an order making any of the
following dispositions of the case:
(1) place the child under the protective supervision of the
local social services agency or child-placing agency in the
child's own home under conditions prescribed by the court
directed to the correction of the child's need for protection or
services;
(2) transfer legal custody to one of the following:
(i) a child-placing agency; or
(ii) the local social services agency.
In placing a child whose custody has been transferred under
this paragraph, the agencies shall follow the order of
preference stated in section 260.181, subdivision 3;
(3) if the child is in need of special treatment and care
for reasons of physical or mental health, the court may order
the child's parent, guardian, or custodian to provide it. If
the parent, guardian, or custodian fails or is unable to provide
this treatment or care, the court may order it provided. The
court shall not transfer legal custody of the child for the
purpose of obtaining special treatment or care solely because
the parent is unable to provide the treatment or care. If the
court's order for mental health treatment is based on a
diagnosis made by a treatment professional, the court may order
that the diagnosing professional not provide the treatment to
the child if it finds that such an order is in the child's best
interests; or
(4) if the court believes that the child has sufficient
maturity and judgment and that it is in the best interests of
the child, the court may order a child 16 years old or older to
be allowed to live independently, either alone or with others as
approved by the court under supervision the court considers
appropriate, if the county board, after consultation with the
court, has specifically authorized this dispositional
alternative for a child.
(b) If the child was adjudicated in need of protection or
services because the child is a runaway or habitual truant, the
court may order any of the following dispositions in addition to
or as alternatives to the dispositions authorized under
paragraph (a):
(1) counsel the child or the child's parents, guardian, or
custodian;
(2) place the child under the supervision of a probation
officer or other suitable person in the child's own home under
conditions prescribed by the court, including reasonable rules
for the child's conduct and the conduct of the parents,
guardian, or custodian, designed for the physical, mental, and
moral well-being and behavior of the child; or with the consent
of the commissioner of corrections, place the child in a group
foster care facility which is under the commissioner's
management and supervision;
(3) subject to the court's supervision, transfer legal
custody of the child to one of the following:
(i) a reputable person of good moral character. No person
may receive custody of two or more unrelated children unless
licensed to operate a residential program under sections 245A.01
to 245A.16; or
(ii) a county probation officer for placement in a group
foster home established under the direction of the juvenile
court and licensed pursuant to section 241.021;
(4) require the child to pay a fine of up to $100. The
court shall order payment of the fine in a manner that will not
impose undue financial hardship upon the child;
(5) require the child to participate in a community service
project;
(6) order the child to undergo a chemical dependency
evaluation and, if warranted by the evaluation, order
participation by the child in a drug awareness program or an
inpatient or outpatient chemical dependency treatment program;
(7) if the court believes that it is in the best interests
of the child and of public safety that the child's driver's
license or instruction permit be canceled, the court may order
the commissioner of public safety to cancel the child's license
or permit for any period up to the child's 18th birthday. If
the child does not have a driver's license or permit, the court
may order a denial of driving privileges for any period up to
the child's 18th birthday. The court shall forward an order
issued under this clause to the commissioner, who shall cancel
the license or permit or deny driving privileges without a
hearing for the period specified by the court. At any time
before the expiration of the period of cancellation or denial,
the court may, for good cause, order the commissioner of public
safety to allow the child to apply for a license or permit, and
the commissioner shall so authorize;
(8) order that the child's parent or legal guardian deliver
the child to school at the beginning of each school day for a
period of time specified by the court; or
(9) require the child to perform any other activities or
participate in any other treatment programs deemed appropriate
by the court.
(c) If a child who is 14 years of age or older is
adjudicated in need of protection or services because the child
is a habitual truant and truancy procedures involving the child
were previously dealt with by a school attendance review board
or county attorney mediation program under section 260A.06 or
260A.07, the court shall order a cancellation or denial of
driving privileges under paragraph (b), clause (7), for any
period up to the child's 18th birthday.
(d) In the case of a child adjudicated in need of
protection or services because the child has committed domestic
abuse and been ordered excluded from the child's parent's home,
the court shall dismiss jurisdiction if the court, at any time,
finds the parent is able or willing to provide an alternative
safe living arrangement for the child, as defined in article 10,
section 2.
Sec. 5. Minnesota Statutes 1996, section 609.748,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITION.] For the purposes of this
section, the following terms have the meanings given them in
this subdivision.
(a) "Harassment" includes:
(1) repeated, intrusive, or unwanted acts, words, or
gestures that are intended to adversely affect the safety,
security, or privacy of another, regardless of the relationship
between the actor and the intended target;
(2) targeted residential picketing; and
(3) a pattern of attending public events after being
notified that the actor's presence at the event is harassing to
another.
(b) "Respondent" includes any individuals adults or
juveniles alleged to have engaged in harassment or organizations
alleged to have sponsored or promoted harassment.
(c) "Targeted residential picketing" includes the following
acts when committed on more than one occasion:
(1) marching, standing, or patrolling by one or more
persons directed solely at a particular residential building in
a manner that adversely affects the safety, security, or privacy
of an occupant of the building; or
(2) marching, standing, or patrolling by one or more
persons which prevents an occupant of a residential building
from gaining access to or exiting from the property on which the
residential building is located.
Sec. 6. [EFFECTIVE DATE.]
Sections 1 to 5 are effective June 1, 1998.
ARTICLE 12
MISCELLANEOUS PROVISIONS
Section 1. Minnesota Statutes 1996, section 357.021,
subdivision 1a, is amended to read:
Subd. 1a. (a) Every person, including the state of
Minnesota and all bodies politic and corporate, who shall
transact any business in the district court, shall pay to the
court administrator of said court the sundry fees prescribed in
subdivision 2. Except as provided in paragraph (d), the court
administrator shall transmit the fees monthly to the state
treasurer for deposit in the state treasury and credit to the
general fund.
(b) In a county which has a screener-collector position,
fees paid by a county pursuant to this subdivision shall be
transmitted monthly to the county treasurer, who shall apply the
fees first to reimburse the county for the amount of the salary
paid for the screener-collector position. The balance of the
fees collected shall then be forwarded to the state treasurer
for deposit in the state treasury and credited to the general
fund. In a county in the eighth judicial district which has a
screener-collector position, the fees paid by a county shall be
transmitted monthly to the state treasurer for deposit in the
state treasury and credited to the general fund. A
screener-collector position for purposes of this paragraph is an
employee whose function is to increase the collection of fines
and to review the incomes of potential clients of the public
defender, in order to verify eligibility for that service.
(c) No fee is required under this section from the public
authority or the party the public authority represents in an
action for:
(1) child support enforcement or modification, medical
assistance enforcement, or establishment of parentage in the
district court, or child or medical support enforcement
conducted by an administrative law judge in an administrative
hearing under section 518.5511;
(2) civil commitment under chapter 253B;
(3) the appointment of a public conservator or public
guardian or any other action under chapters 252A and 525;
(4) wrongfully obtaining public assistance under section
256.98 or 256D.07, or recovery of overpayments of public
assistance;
(5) court relief under chapter 260;
(6) forfeiture of property under sections 169.1217 and
609.531 to 609.5317;
(7) recovery of amounts issued by political subdivisions or
public institutions under sections 246.52, 252.27, 256.045,
256.25, 256.87, 256B.042, 256B.14, 256B.15, 256B.37, and
260.251, or other sections referring to other forms of public
assistance; or
(8) restitution under section 611A.04.
(d) The fees collected for child support modifications
under subdivision 2, clause (13), must be transmitted to the
county treasurer for deposit in the county general fund. The
fees must be used by the county to pay for child support
enforcement efforts by county attorneys.
Sec. 2. Minnesota Statutes 1996, section 363.02,
subdivision 1, is amended to read:
Subdivision 1. [EMPLOYMENT.] The provisions of section
363.03, subdivision 1, shall not apply to:
(1) The employment of any individual:
(a) by the individual's parent, grandparent, spouse, child,
or grandchild; or
(b) in the domestic service of any person;
(2) A religious or fraternal corporation, association, or
society, with respect to qualifications based on religion or
sexual orientation, when religion or sexual orientation shall be
a bona fide occupational qualification for employment;
(3) A nonpublic service organization whose primary function
is providing occasional services to minors, such as youth sports
organizations, scouting organizations, boys' or girls' clubs,
programs providing friends, counselors, or role models for
minors, youth theater, dance, music or artistic organizations,
agricultural organizations for minors, including 4-H clubs, and
other youth organizations, with respect to qualifications of
employees or volunteers based on sexual orientation;
(4) The employment of one person in place of another,
standing by itself, shall not be evidence of an unfair
discriminatory practice;
(5) The operation of a bona fide seniority system which
mandates differences in such things as wages, hiring priorities,
layoff priorities, vacation credit, and job assignments based on
seniority, so long as the operation of the system is not a
subterfuge to evade the provisions of this chapter;
(6) With respect to age discrimination, a practice by which
a labor organization or employer offers or supplies varying
insurance benefits or other fringe benefits to members or
employees of differing ages, so long as the cost to the labor
organization or employer for the benefits is reasonably
equivalent for all members or employees;
(7) A restriction imposed by state statute, home rule
charter, ordinance, or civil service rule, and applied uniformly
and without exception to all individuals, which establishes a
maximum age for entry into employment as a peace officer or
firefighter;
(8) Nothing in this chapter concerning age discrimination
shall be construed to validate or permit age requirements which
have a disproportionate impact on persons of any class otherwise
protected by section 363.03, subdivision 1 or 5;
(9) It is not an unfair employment practice for an
employer, employment agency, or labor organization:
(i) to require or request a person to undergo physical
examination, which may include a medical history, for the
purpose of determining the person's capability to perform
available employment, provided:
(a) that an offer of employment has been made on condition
that the person meets the physical or mental requirements of the
job, except that a law enforcement agency filling a peace
officer position or part-time peace officer position may require
or request an applicant to undergo psychological evaluation
before a job offer is made provided that the psychological
evaluation is for those job-related abilities set forth by the
board of peace officer standards and training for psychological
evaluations and is otherwise lawful;
(b) that the examination tests only for essential
job-related abilities;
(c) that the examination except for examinations authorized
under chapter 176 is required of all persons conditionally
offered employment for the same position regardless of
disability; and
(d) that the information obtained regarding the medical
condition or history of the applicant is collected and
maintained on separate forms and in separate medical files and
is treated as a confidential medical record, except that
supervisors and managers may be informed regarding necessary
restrictions on the work or duties of the employee and necessary
accommodations; first aid safety personnel may be informed, when
appropriate, if the disability might require emergency
treatment; government officials investigating compliance with
this chapter must be provided relevant information on request;
and information may be released for purposes mandated by local,
state, or federal law; provided that the results of the
examination are used only in accordance with this chapter; or
(ii) with the consent of the employee, after employment has
commenced, to obtain additional medical information for the
purposes of assessing continuing ability to perform the job or
employee health insurance eligibility; for purposes mandated by
local, state, or federal law; for purposes of assessing the need
to reasonably accommodate an employee or obtaining information
to determine eligibility for the second injury fund under
chapter 176; or pursuant to sections 181.950 to 181.957; or
other legitimate business reason not otherwise prohibited by
law;
(iii) to administer preemployment tests, provided that the
tests (a) measure only essential job-related abilities, (b) are
required of all applicants for the same position regardless of
disability except for tests authorized under chapter 176, and
(c) accurately measure the applicant's aptitude, achievement
level, or whatever factors they purport to measure rather than
reflecting the applicant's impaired sensory, manual, or speaking
skills except when those skills are the factors that the tests
purport to measure; or
(iv) to limit receipt of benefits payable under a fringe
benefit plan for disabilities to that period of time which a
licensed physician reasonably determines a person is unable to
work; or
(v) to provide special safety considerations for pregnant
women involved in tasks which are potentially hazardous to the
health of the unborn child, as determined by medical criteria.
Information obtained under this section, regarding the
medical condition or history of any employee, is subject to the
requirements of subclause (i), item (d).
Sec. 3. Minnesota Statutes 1996, section 363.073,
subdivision 1, is amended to read:
Subdivision 1. [SCOPE OF APPLICATION.] No department or
agency of the state shall accept any bid or proposal for a
contract or agreement or unless the firm or business has an
affirmative action plan submitted to the commissioner of human
rights for approval. No department or agency of the state shall
execute any contract or agreement for goods or services in
excess of $50,000 $100,000 with any business having more than 20
40 full-time employees on a single working day during the
previous 12 months, unless the firm or business has an
affirmative action plan for the employment of minority persons,
women, and the disabled that has been approved by the
commissioner of human rights. Receipt of a certificate of
compliance issued by the commissioner shall signify that a firm
or business has an affirmative action plan that has been
approved by the commissioner. A certificate shall be valid for
a period of two years. A municipality as defined in section
466.01, subdivision 1, that receives state money for any reason
is encouraged to prepare and implement an affirmative action
plan for the employment of minority persons, women, and the
disabled and submit the plan to the commissioner of human rights.
Sec. 4. Minnesota Statutes 1996, section 504.181,
subdivision 1, is amended to read:
504.181 [COVENANT OF LESSOR AND LESSEE NOT TO ALLOW DRUGS
UNLAWFUL ACTIVITIES.]
Subdivision 1. [COVENANT NOT TO ALLOW DRUGS TERMS OF
COVENANT.] In every lease or license of residential premises,
whether in writing or parol, the lessor or licensor and the
lessee or licensee covenants covenant that:
(1) the lessee or licensee neither will not:
(i) unlawfully allow controlled substances in those
premises or in the common area and curtilage of the premises;
(ii) allow prostitution or prostitution-related activity as
defined in section 617.80, subdivision 4, to occur on the
premises or in the common area and curtilage of the premises; or
(iii) allow the unlawful use or possession of a firearm in
violation of section 609.66, subdivision 1a, 609.67, or 624.713,
on the premises or in the common area and curtilage of the
premises; and
(2) the common area and curtilage of the premises will not
be used by either the lessor or licensor or the lessee or
licensee or others acting under the lessee's or licensee's
control of either to manufacture, sell, give away, barter,
deliver, exchange, distribute, purchase, or possess a controlled
substance in violation of any criminal provision of chapter 152.
The covenant is not violated when a person other than the
lessor or licensor or the lessee or licensee possesses or allows
controlled substances in the premises, common area, or
curtilage, unless the lessor or licensor or the lessee or
licensee knew or had reason to know of that activity.
Sec. 5. Minnesota Statutes 1996, section 566.05, is
amended to read:
566.05 [COMPLAINT AND SUMMONS.]
(a) The person complaining shall file a complaint with the
court, stating the full name and date of birth of the person
against whom the complaint is made, unless it is not known,
describing the premises of which possession is claimed, stating
the facts which authorize the recovery, and praying for
restitution thereof. The lack of the full name and date of
birth of the person against whom the complaint is made does not
deprive the court of jurisdiction or make the complaint invalid.
The court shall issue a summons, commanding the person against
whom the complaint is made to appear before the court on a day
and at a place stated in the summons. The appearance shall be
not less than seven nor more than 14 days from the day of
issuing the summons. In scheduling appearances under this
section, the court shall give priority to any unlawful detainer
brought under section 504.181, or on the basis that the tenant
is causing a nuisance or seriously endangers the safety of other
residents, their property, or the landlord's property, except as
provided by paragraph (b). A copy of the complaint shall be
attached to the summons, which shall state that the copy is
attached and that the original has been filed.
(b) In an unlawful detainer action brought under section
504.181 or on the basis that the tenant is causing a nuisance or
other illegal behavior that seriously endangers the safety of
other residents, their property, or the landlord's property, the
person filing the complaint shall file an affidavit stating
specific facts and instances in support of why an expedited
hearing is required. The complaint and affidavit shall be
reviewed by a referee or judge and scheduled for an expedited
hearing only if sufficient supporting facts are stated and they
meet the requirements of this paragraph. The appearance in an
expedited hearing shall be not less than five days nor more than
seven days from the date the summons is issued. The summons, in
an expedited hearing, shall be served upon the tenant within 24
hours of issuance unless the court orders otherwise for good
cause shown. If the court determines that the person seeking an
expedited hearing did so without sufficient basis under the
requirements of this paragraph, the court shall impose a civil
penalty of up to $500 for abuse of the expedited hearing process.
Sec. 6. Minnesota Statutes 1996, section 566.18,
subdivision 6, is amended to read:
Subd. 6. [VIOLATION.] "Violation" means:
(a) a violation of any state, county or city health,
safety, housing, building, fire prevention, or housing
maintenance code applicable to the building;
(b) a violation of any of the covenants set forth in
section 504.18, subdivision 1, clauses (a) or (b), or in section
504.181, subdivision 1;
(c) a violation of an oral or written agreement, lease or
contract for the rental of a dwelling in a building.
Sec. 7. Minnesota Statutes 1996, section 611.27,
subdivision 4, is amended to read:
Subd. 4. [COUNTY PORTION OF COSTS.] That portion of
subdivision 1 directing counties to pay the costs of public
defense service shall not be in effect between after January 1,
1995, and July 1, 1997. This subdivision only relates to costs
associated with felony, gross misdemeanor, juvenile, and
misdemeanor public defense services. Notwithstanding the
provisions of this subdivision, in the first, fifth, seventh,
ninth, and tenth judicial districts, the cost of juvenile and
misdemeanor public defense services for cases opened prior to
January 1, 1995, shall remain the responsibility of the
respective counties in those districts, even though the cost of
these services may occur after January 1, 1995.
Sec. 8. Minnesota Statutes 1996, section 611.27, is
amended by adding a subdivision to read:
Subd. 15. [COSTS OF TRANSCRIPTS.] In appeal cases and
postconviction cases where the state public defender's office
does not have sufficient funds to pay for transcripts and other
necessary expenses because it has spent or committed all of the
transcript funds in its annual budget, the state public defender
may forward to the commissioner of finance all billings for
transcripts and other necessary expenses. The commissioner
shall pay for these transcripts and other necessary expenses
from county criminal justice aid retained by the commissioner of
revenue under section 477A.0121, subdivision 4.
Sec. 9. Minnesota Statutes 1996, section 617.82, is
amended to read:
617.82 [AGREED ABATEMENT PLANS; TEMPORARY ORDER.]
(a) If the recipient of a notice under section 617.81,
subdivision 4, either abates the conduct constituting the
nuisance or enters into an agreed abatement plan within 30 days
of service of the notice and complies with the agreement within
the stipulated time period, the prosecuting attorney may not
file a nuisance action on the specified property regarding the
nuisance activity described in the notice.
(b) If the recipient fails to comply with the agreed
abatement plan, the prosecuting attorney may initiate a
complaint for relief in the district court consistent with
paragraph (c).
(c) Whenever a prosecuting attorney has cause to believe
that a nuisance described in section 617.81, subdivision 2,
exists within the jurisdiction the attorney serves, the
prosecuting attorney may by verified petition seek a temporary
injunction in district court in the county in which the alleged
public nuisance exists, provided that at least 30 days have
expired since service of the notice required under section
617.81, subdivision 4. No temporary injunction may be issued
without a prior show cause notice of hearing to the respondents
named in the petition and an opportunity for the respondents to
be heard. Upon proof of a nuisance described in section 617.81,
subdivision 2, the court shall issue a temporary injunction.
Any temporary injunction issued must describe the conduct to be
enjoined.
Sec. 10. Minnesota Statutes 1996, section 617.85, is
amended to read:
617.85 [NUISANCE; MOTION TO CANCEL LEASE.]
Where notice is provided under section 617.81, subdivision
4, that an abatement of a nuisance is sought and the
circumstances that are the basis for the requested abatement
involved the acts of a commercial or residential tenant or
lessee of part or all of a building, the owner of the building
that is subject to the abatement proceeding may file before the
court that has jurisdiction over the abatement proceeding a
motion to cancel the lease or otherwise secure restitution of
the premises from the tenant or lessee who has maintained or
conducted the nuisance. The owner may assign to the prosecuting
attorney the right to file this motion. In addition to the
grounds provided in chapter 566, the maintaining or conducting
of a nuisance as defined in section 617.81, subdivision 2, by a
tenant or lessee, is an additional ground authorized by law for
seeking the cancellation of a lease or the restitution of the
premises. Service of motion brought under this section must be
served in a manner that is sufficient under the Rules of Civil
Procedure or chapter 566.
It is no defense to a motion under this section by the
owner or the prosecuting attorney that the lease or other
agreement controlling the tenancy or leasehold does not provide
for eviction or cancellation of the lease upon the ground
provided in this section.
Upon a finding by the court that the tenant or lessee has
maintained or conducted a nuisance in any portion of the
building, the court shall order cancellation of the lease or
tenancy and grant restitution of the premises to the owner. The
court must not order abatement of the premises if the court:
(a) cancels a lease or tenancy and grants restitution of
that portion of the premises to the owner; and
(b) further finds that the acts constituting the nuisance
as defined in section 617.81, subdivision 2, were committed by
the tenant or lessee whose lease or tenancy has been canceled
pursuant to this section and the tenant or lessee was not
committing the acts in conjunction with or under the control of
the owner.
Sec. 11. [PUBLIC DEFENDER ACCESS TO CRIMINAL HISTORY
DATA.]
The criminal and juvenile justice information policy group
shall facilitate remote electronic access to public criminal
history data by public defenders.
Sec. 12. [STUDY AND REPORT REQUIRED.]
The commissioner of public safety shall complete a study
and submit a report to the legislature pursuant to Minnesota
Statutes, section 3.195, by February 1, 1998, including
recommendations for legislation or other action that will:
(1) decrease the sale of alcoholic beverages to, and the
consumption of alcoholic beverages by pregnant women;
(2) reduce the occurrence of fetal alcohol syndrome and
fetal alcohol exposure;
(3) encourage responsible alcoholic beverage sales and
service to pregnant women by businesses that hold liquor
licenses; and
(4) heighten awareness of the importance of responsible use
of alcohol by pregnant women of the state.
Sec. 13. [EFFECTIVE DATE.]
Section 8 is effective the day following final enactment.
Presented to the governor May 27, 1997
Signed by the governor May 30, 1997, 1:24 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes