Office of the Revisor of Statutes
Minnesota Session Laws - 1998, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 367-S.F.No. 3345
An act relating to crime prevention and judiciary
finance; appropriating money for the judicial branch,
public safety, corrections, criminal justice, crime
prevention, and related purposes; prescribing,
clarifying, and modifying penalties; modifying various
fees, assessments, and surcharges; implementing,
clarifying, and modifying certain criminal and
juvenile provisions; providing for the collection,
maintenance, and reporting of certain data;
implementing, clarifying, and modifying conditions of
conditional release; providing services for disasters;
clarifying and modifying laws involving public
defenders; conveying state land to the city of
Faribault; establishing, clarifying, expanding, and
making permanent various pilot programs, grant
programs, task forces, working groups, reports, and
studies; expanding, clarifying, and modifying the
powers of the commissioner of corrections; amending
Minnesota Statutes 1996, sections 3.739, subdivision
1; 12.09, by adding a subdivision; 13.99, by adding a
subdivision; 152.021, as amended; 152.022, as amended;
152.0261, subdivision 2, and by adding a subdivision;
168.042, subdivisions 12 and 15; 169.121, subdivision
5a; 171.16, subdivision 3; 241.01, subdivision 7, and
by adding a subdivision; 241.021, by adding a
subdivision; 241.05; 242.32, subdivision 1; 243.05,
subdivision 1; 243.166, subdivisions 1 and 5; 243.51,
by adding a subdivision; 244.05, subdivision 7;
260.015, subdivision 21; 260.131, by adding a
subdivision; 260.155, subdivision 1; 260.165, by
adding a subdivision; 260.255; 260.315; 299A.61, by
adding a subdivision; 299C.06; 299C.09; 299F.04, by
adding a subdivision; 299M.01, subdivision 7; 299M.02;
299M.03, subdivisions 1 and 2; 299M.04; 299M.08;
299M.12; 357.021, by adding subdivisions; 390.11,
subdivision 2; 401.02, by adding a subdivision;
488A.03, subdivision 11; 518B.01, subdivisions 3a, 5,
6, and by adding a subdivision; 588.01, subdivision 3;
588.20; 609.095; 609.11, subdivision 5; 609.184,
subdivision 2; 609.185; 609.19, subdivision 1;
609.229, subdivisions 2, 3, and by adding a
subdivision; 609.322, subdivisions 1, 1a, and by
adding a subdivision; 609.3241; 609.341, subdivisions
11 and 12; 609.342, subdivision 1; 609.343,
subdivision 1; 609.344, subdivision 1; 609.345,
subdivision 1; 609.3451, subdivision 3; 609.3461,
subdivisions 1 and 2; 609.347, subdivisions 1, 2, 3,
5, and 6; 609.348; 609.49, subdivision 1; 609.50,
subdivision 2; 609.582; 609.66, subdivision 1e;
609.748, subdivisions 3 and 4; 609.749, subdivision 3;
609A.03, subdivision 2; 611.14; 611.20, subdivisions
3, 4, and 5; 611.26, subdivisions 2, 3, and 3a;
611.263; 611.27, subdivisions 1 and 7; 617.23; 629.34,
subdivision 1; 631.045; and 634.20; Minnesota Statutes
1997 Supplement, sections 97A.065, subdivision 2;
152.023, subdivision 2; 168.042, subdivision 11a;
171.29, subdivision 2; 241.015; 241.277, subdivisions
6, 9, and by adding a subdivision; 242.192; 242.32,
subdivision 4; 243.166, subdivision 4; 243.51,
subdivisions 1 and 3; 244.19, by adding a subdivision;
260.015, subdivisions 2a and 29; 260.161, subdivision
2; 260.165, subdivision 1; 357.021, subdivision 2;
401.01, subdivision 2; 401.13; 504.181, subdivision 1;
518.179, subdivision 2; 518B.01, subdivision 14;
609.101, subdivision 5; 609.11, subdivision 9;
609.113, subdivision 3; 609.135, subdivision 1;
609.2244, subdivisions 1 and 4; 609.52, subdivision 3;
609.749, subdivision 2; 611.25, subdivision 3; and
631.52, subdivision 2; Laws 1996, chapter 365, section
3; Laws 1997, chapter 239, article 1, sections 7,
subdivision 8; and 12, subdivisions 2, 3, and 4;
article 3, section 26; article 4, section 15; article
10, sections 1 and 19; proposing coding for new law in
Minnesota Statutes, chapters 152; 169; 241; 244; 245A;
260; 299C; 401; 604; 609; 611A; 626; and 629;
repealing Minnesota Statutes 1996, sections 260.261;
299M.05; 299M.11, subdivision 3; 401.02, subdivision
4; 609.101, subdivision 1; 609.1352; 609.152; 609.184;
609.196; 609.321, subdivisions 3 and 6; 609.322,
subdivisions 2 and 3; 609.323; 609.346; 609.563,
subdivision 2; 611.216, subdivision 1a; 611.26,
subdivision 9; 611.27, subdivision 2; and 626.861;
Minnesota Statutes 1997 Supplement, sections 243.51,
subdivision 4; 244.19, subdivision 3a; and 611.27,
subdivision 4.
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 headed "APPROPRIATIONS" are
appropriated from the general fund, or another named fund, to
the agencies and for the purposes specified in this article to
be available for the fiscal years indicated for each purpose.
The figures "1998" and "1999," where used in this article, mean
that the appropriation or appropriations listed under them are
available for the year ending June 30, 1998, or June 30, 1999,
respectively.
SUMMARY BY FUND
1998 1999
General Fund Total $ 822,000 $ 7,108,000
TOTAL $ 822,000 $ 7,108,000
APPROPRIATIONS
Available for the Year
Ending June 30
1998 1999
Sec. 2. SUPREME COURT
Subdivision 1. Total
Appropriation $ -0- $ 1,270,000
Subd. 2. Supreme Court
Operations
-0- 120,000
$120,000 is for two positions to
improve financial and human resources
services to the courts.
Up to $5,000 of the amount appropriated
in Laws 1997, chapter 239, article 1,
section 2, subdivision 2, may be used
for the normal operation of the court
for which no other reimbursement is
provided.
Subd. 3. Civil Legal
Services
-0- 375,000
$375,000 is a one-time appropriation
for civil legal services to low-income
clients.
Subd. 4. State Court
Administration
-0- 775,000
$200,000 is for a community justice
system collaboration team in the
judicial branch.
$75,000 is a one-time appropriation for
the parental cooperation task force
created in section 17.
$400,000 is a one-time appropriation to
begin the establishment of community
courts. Of this amount, $200,000 is to
begin a community court in the fourth
judicial district and $200,000 is to
begin a community court in the second
judicial district.
$100,000 is a one-time appropriation
for a grant to the Minneapolis city
attorney for collecting and maintaining
the information required by article 2,
section 29. This appropriation is
available until expended.
Sec. 3. COURT OF APPEALS 60,000 147,000
$60,000 the first year is for a
workers' compensation deficiency.
$90,000 the second year is for a sixth
appellate panel.
$57,000 the second year is for law
clerk salary equity adjustments.
Sec. 4. DISTRICT COURT -0- 1,060,000
$360,000 is for eight additional law
clerk positions.
$700,000 is for law clerk salary equity
adjustments.
The conference of chief judges is
requested to work jointly with the
board of public defense to study the
issue of reimbursements to public
defenders from clients under Minnesota
Statutes, section 611.20. The
conference and board are requested to
develop a plan to increase the amount
of reimbursements collected and to
recommend necessary changes in law to
accomplish that end. The conference
and board shall report the results of
the study and their recommendations to
the chairs and ranking minority members
of the senate and house divisions
having jurisdiction over criminal
justice funding by January 15, 1999.
Sec. 5. BOARD ON JUDICIAL
STANDARDS -0- 30,000
$30,000 is a one-time appropriation for
costs associated with the investigation
and public hearing regarding complaints
presented to the board.
Sec. 6. BOARD OF PUBLIC
DEFENSE 330,000 670,000
$10,000 the first year and $20,000 the
second year are for increased employer
contribution rates for coverage under
the General Plan of the Public
Employees' Retirement Association
(PERA).
$320,000 the first year and $650,000
the second year are for public
defenders in the second and fourth
judicial districts.
Ramsey County and Hennepin County may
not add full- or part-time assistant
public defender positions, but may fill
position vacancies that arise due to
attrition.
The board of public defense, in
cooperation with the supreme court, the
conference of chief judges, and the
association of Minnesota counties,
shall study the issue of public
defender representation under Minnesota
Statutes, sections 260.155, subdivision
2, and 611.14, of juveniles and other
parties in juvenile court proceedings.
By January 15, 1999, the board of
public defense shall make
recommendations to the chairs and
ranking minority members of the senate
and house divisions having jurisdiction
over criminal justice funding on this
issue.
The board of public defense shall study
the compensation levels of its
employees in comparison to those of the
attorney general's office and present
recommendations to the chairs and
ranking minority members of the senate
and house divisions having jurisdiction
over criminal justice funding by
October 15, 1998, regarding a procedure
for board of public defense employees
to be paid comparably to employees in
the attorney general's office.
Sec. 7. CORRECTIONS
Subdivision 1. Total
Appropriation 220,000 1,895,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Correctional Institutions
The commissioner may use operating
funds appropriated in Laws 1997,
chapter 239, article 1, section 12, to
renovate Building 35 to provide for 74
medium security beds at the Moose Lake
Correctional Facility. An amount up to
$1,500,000 may be used for the
necessary renovation.
$100,000 in dedicated receipts shall
cancel to the general fund on July 1,
1998. This is a one-time cancellation.
The commissioner may open the Brainerd
facility on or after July 1, 1999, if
the commissioner shows a demonstrated
need for the opening and the
legislature, by law, approves it.
Subd. 3. Juvenile Services
The commissioner of corrections and the
commissioner of children, families and
learning shall collaborate in
developing recommendations concerning
funding mechanisms for educational
services at the Minnesota correctional
facilities at Red Wing and, if needed,
at Sauk Centre. In developing these
recommendations, the commissioners
shall seek the advice of interested
counties and school districts. The
commissioners shall report their
recommendations to the chairs and
ranking minority members of the senate
and house committees and divisions
having jurisdiction over education and
criminal justice funding and policy by
December 15, 1998.
Subd. 4. Community Services
220,000 1,895,000
$170,000 the first year and $315,000
the second year are for probation and
supervised release for the state
assumption of juvenile and adult
misdemeanant probation services in
Winona county.
$50,000 the first year and $210,000 the
second year are for probation and
supervised release for the state
assumption of juvenile and adult
misdemeanant probation services in
Benton county.
The appropriation in Laws 1997, chapter
239, article 1, section 12, subdivision
2, for the fiscal year ending June 30,
1999, for correctional institutions is
reduced by $1,000,000. That amount is
added to the appropriation in Laws
1997, chapter 239, article 1, section
12, subdivision 4, for the fiscal year
ending June 30, 1999, and shall be used
for increased grants to counties that
deliver correctional services. This
money shall be added to the base level
appropriated under Laws 1997, chapter
239, article 1, section 12, subdivision
4, for probation officer workload
reduction and 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.
Counties that deliver correctional
services under Minnesota Statutes,
section 244.19, and that qualify for
new probation officers under this
program shall receive full
reimbursement for the officers'
benefits and support not to exceed
$70,000 annually. Positions funded by
this appropriation may not supplant
existing services.
The commissioner shall distribute money
appropriated for state and county
probation officer caseload and workload
reduction according to the formula
contained in Minnesota Statutes,
section 401.10. This appropriation may
not be used to supplant existing state
or county probation officer positions
or existing correctional services or
programs.
The appropriation in Laws 1997, chapter
239, article 1, section 12, subdivision
2, for the fiscal year ending June 30,
1999, for correctional institutions is
reduced by $222,000. That amount is
added to the appropriation in Laws
1997, chapter 239, article 1, section
12, subdivision 4, for the fiscal year
ending June 30, 1999, and shall be used
for a one-time grant to Ramsey county
for the development and operation of
the breaking the cycle of violence
pilot project described in section 18.
Ramsey county must provide at least a
one-to-one funding match.
$100,000 the second year is a one-time
appropriation for grants to restorative
justice programs, as described in
Minnesota Statutes, section 611A.775.
In awarding grants under this
provision, the commissioner shall give
priority to existing programs that
involve face-to-face dialogue.
The appropriation for the pilot project
restorative justice program in Laws
1997, chapter 239, article 1, section
12, subdivision 4, must be used for a
grant to an existing restorative
justice program that:
(1) has been operating for at least six
months;
(2) is community-based and neighborhood
driven and that involves citizens who
live and work in the area where an
offender was arrested;
(3) engages neighborhood organizations,
law enforcement, and prosecutors in a
collaborative effort;
(4) features community conferencing;
(5) focuses on urban nuisance crimes
committed by adult offenders; and
(6) has never received government
funding.
$123,000 the second year is a one-time
appropriation to continue the funding
of existing juvenile mentoring pilot
programs created in Laws 1996, chapter
408, article 2, section 8. At the end
of the pilot programs, the commissioner
shall report findings and
recommendations concerning the pilot
programs to the chairs and ranking
minority members of the house and
senate committees with jurisdiction
over criminal justice and higher
education issues. This appropriation
is available until expended.
$150,000 the second year is a one-time
appropriation for a grant to the
southwest and west central service
cooperative to operate the child guide
prevention program for children in
kindergarten through grade 6.
$765,000 the second year is to
administer the remote electronic
alcohol monitoring program described in
Minnesota Statutes, section 169.1219.
$63,000 the second year is a one-time
appropriation for a grant to Hennepin
county to be used to continue
implementation and operation of the
community-oriented chemical dependency
pilot project established in Laws 1996,
chapter 408, article 2, section 11.
$700,000 the second year is a one-time
appropriation to expand and enhance
sentence to serve programming. The
commissioner must attempt to develop
sentence to serve programming that will
generate income and be
self-supporting. Any funds received by
the state through this programming may
be used for community services
programs. This appropriation may be
used for a community work crew house
construction project.
By February 1, 1999, the commissioner
of corrections shall report to the
house and senate committees and
divisions with jurisdiction over
criminal justice policy and funding on
how the money appropriated under this
provision for sentence to serve
programming and community services
programming was used.
Whenever offenders are assigned for the
purpose of work under agreement with a
state department or agency, local unit
of government, or other governmental
subdivision, the state department or
agency, local unit of government, or
other governmental subdivision must
certify in writing to the appropriate
bargaining agent that the work
performed by the inmates will not
result in the displacement of currently
employed workers or workers on seasonal
layoff or layoff from a substantially
equivalent position, including partial
displacement such as reduction in hours
of nonovertime work, wages, or other
employment benefits.
The appropriation in Laws 1997, chapter
239, article 1, section 12, subdivision
4, for juvenile residential treatment
grants is reduced by $531,000. This is
a one-time reduction.
Sec. 8. CORRECTIONS OMBUDSMAN -0- 20,000
$20,000 is for agency head salary and
benefit adjustments to the Ombudsman
for Corrections.
Sec. 9. PUBLIC SAFETY
Subdivision 1. Total
Appropriation 64,000 1,541,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Emergency
Management
-0- 148,000
$50,000 is to fund one full-time staff
person to coordinate volunteer
resources during disasters, as
described in article 11, section 1.
$98,000 is added to the appropriation
in Laws 1997, chapter 239, article 1,
section 7, subdivision 2, and fully
funds the activity by replacing the
existing collection of special revenues
through interagency contracts with a
direct appropriation.
The personnel complement of the
emergency management center in the
division of emergency management is
increased by one-half position.
Subd. 3. Crime Victim
Ombudsman
64,000 240,000
$64,000 the first year and $165,000 the
second year are for the consolidation
of crime victim services under
provisions of reorganization order 180.
$75,000 the second year is a one-time
appropriation for grants to
organizations providing intensive case
management specific to the needs of
prostituted individuals receiving
housing component services, such as
rental, mortgage, and utility
assistance. Grantees must provide a
match of five percent in money or
in-kind services. This appropriation
is available until expended.
The executive director of the center
for crime victim services shall:
(1) maintain the duties,
responsibilities, and diversity of the
battered women advisory council, the
sexual assault advisory council, the
general crime victim advisory council,
and the crime victim and witness
advisory council;
(2) retain crime-specific funding
initiatives; and
(3) conduct focus group meetings around
the state to ascertain victim and
provider priorities.
These requirements stay in effect until
June 30, 1999.
The center for crime victim services is
directed to develop a process for
determining priorities for future
funding requests.
The crime victim ombudsman shall have
responsibility for budgetary matters
related to the duties of the crime
victim ombudsman under Minnesota
Statutes, sections 611A.72 to 611A.74.
The executive director of the center
for crime victim services shall have
responsibility over budgetary matters
related to the center for crime victim
services.
Subd. 4. Fire Marshal
-0- 170,000
$170,000 is to establish, administer,
and maintain the arson investigative
data system described in Minnesota
Statutes, section 299F.04.
Subd. 5. Criminal Apprehension
-0- 233,000
$50,000 is a one-time appropriation to
administer and maintain the conditional
release data system described in
Minnesota Statutes, section 299C.147.
$50,000 is for grants under Minnesota
Statutes, section 299C.065.
$133,000 is to hire two additional
full-time forensic scientists for
processing of latent fingerprint and
other crime scene evidence. The
addition of these forensic scientists
shall not displace existing staff.
Subd. 6. Law Enforcement and
Community Grants
-0- 750,000
$200,000 is a one-time appropriation
for weed and seed grants under
Minnesota Statutes, section 299A.63.
Notwithstanding Minnesota Statutes,
section 299A.63, subdivision 2, at
least 50 percent of the grants awarded
from this appropriation must be awarded
to sites outside the seven-county
metropolitan area.
$450,000 is a one-time appropriation to
purchase automatic external
defibrillators and distribute them as
provided in section 16.
$50,000 is a one-time appropriation for
a grant to the Minnesota safety council
to promote crosswalk safety.
$50,000 is a one-time appropriation for
a grant to the city of Fridley to plan,
design, establish, and begin the
operation of a truancy service center.
The center must serve southern Anoka
county.
Sec. 10. BOARD OF PEACE
OFFICER STANDARDS AND TRAINING 148,000 -0-
$148,000 is a one-time appropriation
for extraordinary legal costs related
to the settlement and release of a
wrongful discharge claim.
Sec. 11. ADMINISTRATION -0- 100,000
$100,000 is a one-time appropriation to
conduct a study or contract for a study
involving the issues of pretrial,
presentence, and conditional release.
At a minimum, the study must address
the following issues:
(1) the extent to which, under current
law, crimes are committed by persons on
pretrial, presentence, or conditional
release, including the numbers and
types of crimes committed:
(2) the extent to which, under current
law, persons on pretrial or presentence
release fail to appear as required by
courts;
(3) the extent to which persons on
pretrial, presentence, or conditional
release currently violate conditions of
release;
(4) the extent to which enactment of a
constitutional amendment and a statute
authorizing pretrial detention would
increase the number of individuals
subject to pretrial detention or the
length of time those individuals are
detained;
(5) the extent to which an amendment to
the Rules of Criminal Procedure
requiring the presentence detention of
persons whose presumptive sentence
under the sentencing guidelines is
commitment to the commissioner of
corrections would increase the number
of persons subject to presentence
detention or the length of time that
those persons are detained;
(6) the extent, if any, to which
increasing the number of individuals
subject to pretrial or presentence
detention or the length of time that
those individuals are detained
decreases the number of crimes
committed by persons on release or the
number of persons not appearing as
directed by the court;
(7) costs associated with increasing
the number of individuals subject to
pretrial or presentence detention or
the length of time that those
individuals are detained; and
(8) an analysis of the comparative
costs of fully funding pretrial
services as compared with the costs of
increased pretrial detention.
The commissioner shall report the
findings of this study to the chairs
and ranking minority members of the
senate and house committees and
divisions having jurisdiction over
criminal justice funding and policy by
January 15, 1999. The report also must
include recommendations, if any, on how
pretrial and presentence release laws
and rules may be amended within the
current constitutional framework to
lower the risk that persons on release
will commit new offenses or not appear
as directed by the court.
Sec. 12. HUMAN RIGHTS -0- 100,000
$100,000 is a one-time appropriation
for grants to eligible organizations
under article 11, section 23. No more
than 40 percent of this appropriation
may be used for testing and community
auditing grants and research grants
under article 11, section 23,
subdivision 2, clauses (3) and (4).
Money appropriated under this section
may not be used by the department for
administrative purposes. Testing
services funded by money appropriated
under this section and used in
department investigations are not
considered administrative purposes.
The commissioner of human rights may
transfer staff and money appropriated
for staffing within the department as
the commissioner sees fit.
Sec. 13. MINNESOTA STATE COLLEGES AND
UNIVERSITIES BOARD -0- 200,000
$200,000 is a one-time appropriation to
establish a center for applied research
and policy analysis at Metropolitan
State University. The purpose of the
center is to conduct research to
determine the effectiveness and
efficiency of current criminal justice
programs and explore new methods for
improving public safety. In addition
to its other functions, the center
shall research matters of public policy
as requested by the legislature.
The center shall study innovative uses
of biometrics in law enforcement and
evaluate the costs associated with
these potential uses. The study also
shall address any data privacy issues
that are raised by the use of
biometrics in law enforcement. By
April 1, 1999, the center shall report
the results of the study to the chairs
and ranking minority members of the
senate and house committees and
divisions having jurisdiction over
criminal justice policy and funding.
The center shall conduct a study of the
guilty but mentally ill verdict and
report preliminary findings and
recommendations by March 1, 1999, and
final findings and recommendations by
November 1, 1999, to the chairs and
ranking members of the senate and house
committees and divisions having
jurisdiction over criminal justice
policy and funding. As part of this
study the center shall examine the laws
of states that have adopted this
verdict and issues associated with its
implementation. In addition, the
center shall consider other issues
involving mental health and the
criminal justice system such as the
mental illness defense, current mental
health treatment provided to inmates at
state correctional facilities, and
current use of the civil commitment
process.
The center also shall conduct a review
of the criminal justice projects and
programs that have received an
appropriation from the legislature at
any time from 1989 to 1998. This
review must include, for each program,
a description of the program, the
amount of the appropriation made to the
program each year and the total amount
of appropriations received by the
program during the past ten years, a
summary of the program's stated
objectives at the time the
appropriation was made, an evaluation
of the program's performance in light
of its stated objectives, and any other
related issues that the center believes
will contribute to an accurate
assessment of the program's success.
The center shall issue a preliminary
report by March 1, 1999, and a final
report by November 1, 1999, to the
chairs and ranking minority members of
the senate and house committees and
divisions having jurisdiction over
criminal justice funding and policy on
the results of its review.
Sec. 14. LEGISLATIVE AUDIT COMMISSION -0- 75,000
The legislative audit commission is
requested to direct the legislative
auditor to conduct a study or contract
to conduct a study of the costs that
criminal activity places on state and
local communities. If the audit
commission approves the study, $75,000
is appropriated to the commission to
conduct the study in two phases. This
appropriation is available until June
30, 2000.
In phase one, the auditor shall
investigate the feasibility of
conducting the research study and, at a
minimum, do the following:
(1) identify and review prior research
studies that have sought to assess the
direct and indirect costs of crime;
(2) evaluate the methodological
strengths and weaknesses of these prior
research studies;
(3) evaluate what types of data would
be needed to conduct such a study and
whether such data are reasonably
available; and
(4) make recommendations concerning how
a research study of the costs of crime
to Minnesota and its communities could
be defined and performed so as to
provide reliable information and
objective conclusions to policymakers
and participants in the criminal
justice system.
By March 15, 1999, the legislative
auditor shall report the results of
phase one of the study to the chairs
and ranking minority members of the
house and senate committees and
divisions having jurisdiction over
criminal justice policy and funding.
In phase two, the auditor shall focus
on both the direct costs to the state
and local governments of responding to,
prosecuting, and punishing criminal
offenders, but also the indirect costs
that criminal activity places on local
communities and their residents. To
the extent possible, the study shall
compare, by offense type, the costs of
imprisoning an offender to the costs of
criminal behavior if the offender is
not incarcerated. The auditor shall
report the findings of phase two of the
study to the chairs and ranking
minority members of the senate and
house committees and divisions having
jurisdiction over criminal justice
funding and policy by February 15, 2000.
Sec. 15. Laws 1997, chapter 239, article 1, section 7,
subdivision 8, is amended to read:
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
matching 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. This appropriation is
available until June 30, 1999.
$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.
Sec. 16. [AUTOMATIC EXTERNAL DEFIBRILLATOR DISTRIBUTION
PROGRAM.]
(a) As used in this section, "local law enforcement agency"
includes the capitol complex security division of the department
of public safety.
(b) The commissioner of public safety shall administer a
program to distribute automatic external defibrillators to local
law enforcement agencies. Defibrillators may only be
distributed to law enforcement agencies that are first
responders for medical emergencies. Law enforcement agencies
that receive defibrillators under this section must:
(1) provide any necessary training to their employees
concerning the use of the defibrillator;
(2) retain or consult with a physician consultant who is
responsible for assisting the agency with issues involving the
defibrillator and following up on the medical status of persons
on whom a defibrillator has been used; and
(3) compile statistics on the use of the defibrillator and
its results and report this information to the commissioner as
required.
(c) Defibrillators shall be distributed under this section
to local law enforcement agencies selected by the commissioner
of public safety. However, before any decisions on which law
enforcement agencies will receive defibrillators are made, a
committee consisting of a representative from the Minnesota
chiefs of police association, a representative from the
Minnesota sheriffs association, and a representative from the
Minnesota police and peace officers association shall evaluate
the applications. The commissioner shall meet and consult with
the committee concerning its evaluations and recommendations on
distribution proposals prior to making a final decision on
distribution.
(d) By January 15, 1999, the commissioner shall report to
the chairs and ranking minority members of the senate and house
divisions having jurisdiction over criminal justice funding on
defibrillators distributed under this section.
(e) The commissioner shall ensure that the defibrillators
distributed under this section are year 2000 ready.
Sec. 17. [PARENTAL COOPERATION TASK FORCE.]
(a) The supreme court is requested to establish a task
force to evaluate ways to reduce conflict between parents in
proceedings for marriage dissolution, annulment, or legal
separation. The task force should include representatives of
communities of color and representatives of other groups
affected by the family law system, including parents, children,
judges, administrative law judges, private attorneys, county
attorneys, legal services, court services, guardians ad litem,
mediators, professionals who work with families, domestic abuse
advocates, and other advocacy groups.
(b) The task force shall:
(1) research ways to reduce conflict between parents in
family law proceedings, including the use of parenting plans
that would govern parental obligations, decision-making
authority, and schedules for the upbringing of children;
(2) study the programs and experiences in other states that
have implemented parenting plans; and
(3) evaluate the fiscal implications of parenting plans.
The task force may consider the unofficial engrossment of
1998 H.F. No. 2784, article 3, in its deliberations on parenting
plans.
(c) The supreme court is requested to submit a progress
report under this section to the chairs and ranking minority
members of the house and senate judiciary committees by January
15, 1999, and a final report to these committees by January 15,
2000.
Sec. 18. [BREAKING THE CYCLE OF VIOLENCE PILOT PROJECT.]
(a) Ramsey county shall establish a one-year pilot project
providing intensive intervention to families who have been
involved in the violent drug culture. The pilot project must be
divided into three phases. Phase I must provide up to 90 days
of intensive residential services as an alternative to the
incarceration of adult women and out-of-home placement of their
children. Phase II must involve placement in a transitional
housing program. Phase III must involve reintegration into
neighborhood living and responsible citizenship with the
assistance of community-based neighborhood organizations that
are recruited by project staff. Case management for families
and weekly urine analysis for the adult women must be provided
throughout the project.
(b) By January 15, 2000, Ramsey county shall report to the
chairs and ranking minority members of the senate and house
divisions having jurisdiction over criminal justice funding on
the results of the pilot project.
ARTICLE 2
GENERAL CRIME PROVISIONS
Section 1. Minnesota Statutes 1997 Supplement, 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 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, or receiving profit derived from
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. 2. Minnesota Statutes 1997 Supplement, 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, or receiving profit
derived from 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) (8) criminal sexual conduct in the second degree under
section 609.343;
(10) (9) criminal sexual conduct in the third degree under
section 609.344, subdivision 1, paragraph (c), (f), or (g);
(11) (10) solicitation of a child to engage in sexual
conduct under section 609.352;
(12) (11) incest under section 609.365;
(13) (12) malicious punishment of a child under section
609.377;
(14) (13) neglect of a child under section 609.378;
(15) (14) terroristic threats under section 609.713; or
(16) (15) felony harassment or stalking under section
609.749, subdivision 4.
Sec. 3. Minnesota Statutes 1996, section 588.20, is
amended to read:
588.20 [CRIMINAL CONTEMPTS.]
Subdivision 1. [FELONY CONTEMPT.] (a) A person who
knowingly and willfully disobeys a subpoena lawfully issued in
relation to a crime of violence, as defined in section 609.11,
subdivision 9, with the intent to obstruct the criminal justice
process is guilty of a felony and may be sentenced to
imprisonment for not more than five years or to payment of a
fine of not more than $10,000, or both.
(b) A felony charge under this subdivision may be filed
upon the person's nonappearance. However, the charge must be
dismissed if the person voluntarily appears within 48 hours
after the time required for appearance on the subpoena and
reappears as directed by the court until discharged from the
subpoena by the court. This paragraph does not apply if the
person appears as a result of being apprehended by law
enforcement authorities.
Subd. 2. [MISDEMEANOR CONTEMPT.] Every person who shall
commit commits a contempt of court, of any one of the following
kinds, shall be is guilty of a misdemeanor:
(1) disorderly, contemptuous, or insolent behavior,
committed during the sitting of the court, in its immediate view
and presence, and directly tending to interrupt its proceedings,
or to impair the respect due to its authority;
(2) behavior of like character in the presence of a
referee, while actually engaged in a trial or hearing, pursuant
to an order of court, or in the presence of a jury while
actually sitting for the trial of a cause, or upon an inquest or
other proceeding authorized by law;
(3) breach of the peace, noise, or other disturbance
directly tending to interrupt the proceedings of a court, jury,
or referee;
(4) willful disobedience to the lawful process or other
mandate of a court other than the conduct described in
subdivision 1;
(5) resistance willfully offered to its lawful process or
other mandate other than the conduct described in subdivision 1;
(6) contumacious and unlawful refusal to be sworn as a
witness, or, after being sworn, to answer any legal and proper
interrogatory;
(7) publication of a false or grossly inaccurate report of
its proceedings; or
(8) willful failure to pay court-ordered child support when
the obligor has the ability to pay.
No person shall may be punished as herein provided in this
subdivision for publishing a true, full, and fair report of a
trial, argument, decision, or other court proceeding had in
court.
Sec. 4. Minnesota Statutes 1996, section 609.11,
subdivision 5, is amended to read:
Subd. 5. [FIREARM.] (a) Except as otherwise provided in
paragraph (b), any defendant convicted of an offense listed in
subdivision 9 in which the defendant or an accomplice, at the
time of the offense, had in possession or used, whether by
brandishing, displaying, threatening with, or otherwise
employing, a firearm, shall be committed to the commissioner of
corrections for not less than three years, nor more than the
maximum sentence provided by law. Any defendant convicted of a
second or subsequent offense in which the defendant or an
accomplice, at the time of the offense, had in possession or
used a firearm shall be committed to the commissioner of
corrections for not less than five years, nor more than the
maximum sentence provided by law.
(b) Any defendant convicted of violating section 609.165 or
624.713, subdivision 1, clause (b), shall be committed to the
commissioner of corrections for not less than 18 months five
years, nor more than the maximum sentence provided by law. Any
defendant convicted of a second or subsequent violation of
either of these sections shall be committed to the commissioner
of corrections for not less than five years, nor more than the
maximum sentence provided by law.
Sec. 5. Minnesota Statutes 1997 Supplement, section
609.11, subdivision 9, is amended to read:
Subd. 9. [APPLICABLE OFFENSES.] The crimes for which
mandatory minimum sentences shall be served as provided in this
section are: murder in the first, second, or third degree;
assault in the first, second, or third degree; burglary;
kidnapping; false imprisonment; manslaughter in the first or
second degree; aggravated robbery; simple robbery; first-degree
or aggravated first-degree witness tampering; criminal sexual
conduct under the circumstances described in sections 609.342,
subdivision 1, clauses (a) to (f); 609.343, subdivision 1,
clauses (a) to (f); and 609.344, subdivision 1, clauses (a) to
(e) and (h) to (j); escape from custody; arson in the first,
second, or third degree; drive-by shooting under section 609.66,
subdivision 1e; harassment and stalking under section 609.749,
subdivision 3, clause (3); possession or other unlawful use of a
firearm in violation of section 609.165, subdivision 1b, or
624.713, subdivision 1, clause (b), a felony violation of
chapter 152; or any attempt to commit any of these offenses.
Sec. 6. Minnesota Statutes 1996, section 609.184,
subdivision 2, is amended to read:
Subd. 2. [LIFE WITHOUT RELEASE.] The court shall sentence
a person to life imprisonment without possibility of release
under the following circumstances:
(1) the person is convicted of first degree murder under
section 609.185, clause (2) or (4); or
(2) the person is convicted of committing first degree
murder in the course of a kidnapping under section 609.185,
clause (3); or
(3) the person is convicted of first degree murder under
section 609.185, clause (1), (3), (5), or (6), and the court
determines on the record at the time of sentencing that the
person has one or more previous convictions for a heinous crime.
Sec. 7. Minnesota Statutes 1996, section 609.185, is
amended to read:
609.185 [MURDER IN THE FIRST DEGREE.]
Whoever does any of the following is guilty of murder in
the first degree and shall be sentenced to imprisonment for life:
(1) causes the death of a human being with premeditation
and with intent to effect the death of the person or of another;
(2) causes the death of a human being while committing or
attempting to commit criminal sexual conduct in the first or
second degree with force or violence, either upon or affecting
the person or another;
(3) causes the death of a human being with intent to effect
the death of the person or another, while committing or
attempting to commit burglary, aggravated robbery, kidnapping,
arson in the first or second degree, a drive-by shooting,
tampering with a witness in the first degree, escape from
custody, or any felony violation of chapter 152 involving the
unlawful sale of a controlled substance;
(4) causes the death of a peace officer or a guard employed
at a Minnesota state or local correctional facility, with intent
to effect the death of that person or another, while the peace
officer or guard is engaged in the performance of official
duties;
(5) causes the death of a minor while committing child
abuse, when the perpetrator has engaged in a past pattern of
child abuse upon the child and the death occurs under
circumstances manifesting an extreme indifference to human life;
or
(6) causes the death of a human being while committing
domestic abuse, when the perpetrator has engaged in a past
pattern of domestic abuse upon the victim and the death occurs
under circumstances manifesting an extreme indifference to human
life.
For purposes of clause (5), "child abuse" means an act
committed against a minor victim that constitutes a violation of
the following laws of this state or any similar laws of the
United States or any other state: section 609.221; 609.222;
609.223; 609.224; 609.2242; 609.342; 609.343; 609.344; 609.345;
609.377; 609.378; or 609.713.
For purposes of clause (6), "domestic abuse" means an act
that:
(1) constitutes a violation of section 609.221, 609.222,
609.223, 609.224, 609.2242, 609.342, 609.343, 609.344, 609.345,
609.713, or any similar laws of the United States or any other
state; and
(2) is committed against the victim who is a family or
household member as defined in section 518B.01, subdivision 2,
paragraph (b).
Sec. 8. Minnesota Statutes 1996, section 609.19,
subdivision 1, is amended to read:
Subdivision 1. [INTENTIONAL MURDER; DRIVE-BY SHOOTINGS.]
Whoever does either of the following is guilty of murder in the
second degree and may be sentenced to imprisonment for not more
than 40 years:
(1) causes the death of a human being with intent to effect
the death of that person or another, but without premeditation;
or
(2) causes the death of a human being while committing or
attempting to commit a drive-by shooting in violation of section
609.66, subdivision 1e, under circumstances other than those
described in section 609.185, clause (3).
Sec. 9. Minnesota Statutes 1996, section 609.229,
subdivision 2, is amended to read:
Subd. 2. [CRIMES.] A person who commits a crime for the
benefit of, at the direction of, or in association with, or
motivated by involvement with a criminal gang, with the intent
to promote, further, or assist in criminal conduct by gang
members is guilty of a crime and may be sentenced as provided in
subdivision 3.
Sec. 10. Minnesota Statutes 1996, section 609.229,
subdivision 3, is amended to read:
Subd. 3. [PENALTY.] (a) If the crime committed in
violation of subdivision 2 is a felony, the statutory maximum
for the crime is three five years longer than the statutory
maximum for the underlying crime.
(b) If the crime committed in violation of subdivision 2 is
a misdemeanor, the person is guilty of a gross misdemeanor.
(c) If the crime committed in violation of subdivision 2 is
a gross misdemeanor, the person is guilty of a felony and may be
sentenced to imprisonment for not more than one year and a day
three years or to payment of a fine of not more
than $5,000 $15,000, or both.
Sec. 11. Minnesota Statutes 1996, section 609.229, is
amended by adding a subdivision to read:
Subd. 4. [MANDATORY MINIMUM SENTENCE.] (a) Unless a longer
mandatory minimum sentence is otherwise required by law, or the
court imposes a longer aggravated durational departure, or a
longer prison sentence is presumed under the sentencing
guidelines and imposed by the court, a person convicted of a
crime described in subdivision 3, paragraph (a), shall be
committed to the custody of the commissioner of corrections for
not less than one year plus one day.
(b) Any person convicted and sentenced as required by
paragraph (a) 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 242.19, 243.05,
244.04, 609.12, and 609.135.
Sec. 12. Minnesota Statutes 1996, section 609.322,
subdivision 1, is amended to read:
Subdivision 1. [INDIVIDUALS UNDER AGE 16.] Whoever, while
acting other than as a prostitute or patron, intentionally
does either any of the following may be sentenced to
imprisonment for not more than 20 years or to payment of a fine
of not more than $40,000, or both:
(1) solicits or induces an individual under the age of 16
years to practice prostitution; or
(2) promotes the prostitution of an individual under the
age of 16 years; or
(3) receives profit, knowing or having reason to know that
it is derived from the prostitution, or the promotion of the
prostitution, of an individual under the age of 16 years.
Sec. 13. Minnesota Statutes 1996, section 609.322,
subdivision 1a, is amended to read:
Subd. 1a. [OTHER OFFENSES.] Whoever, while acting other
than as a prostitute or patron, intentionally does any of the
following may be sentenced to imprisonment for not more than ten
15 years or to payment of a fine of not more
than $20,000 $30,000, or both:
(1) solicits or induces an individual at least 16 but less
than 18 years of age to practice prostitution; or
(2) Solicits or induces an individual to practice
prostitution by means of force; or
(3) Uses a position of authority to solicit or induce an
individual to practice prostitution; or
(4) promotes the prostitution of an individual in the
following circumstances:
(a) The individual is at least 16 but less than 18 years of
age; or
(b) The actor knows that the individual has been induced or
solicited to practice prostitution by means of force; or
(c) The actor knows that a position of authority has been
used to induce or solicit the individual to practice
prostitution; or
(3) receives profit, knowing or having reason to know that
it is derived from the prostitution, or the promotion of the
prostitution, of an individual.
Sec. 14. Minnesota Statutes 1996, section 609.322, is
amended by adding a subdivision to read:
Subd. 1b. [EXCEPTIONS.] Subdivisions 1, clause (3), and
1a, clause (3), do not apply to:
(1) a minor who is dependent on an individual acting as a
prostitute and who may have benefited from or been supported by
the individual's earnings derived from prostitution; or
(2) a parent over the age of 55 who is dependent on an
individual acting as a prostitute, who may have benefited from
or been supported by the individual's earnings derived from
prostitution, and who did not know that the earnings were
derived from prostitution; or
(3) the sale of goods or services to a prostitute in the
ordinary course of a lawful business.
Sec. 15. [609.3242] [PROSTITUTION CRIMES COMMITTED IN
SCHOOL OR PARK ZONES; INCREASED PENALTIES.]
Subdivision 1. [DEFINITIONS.] As used in this section:
(1) "park zone" has the meaning given in section 152.01,
subdivision 12a; and
(2) "school zone" has the meaning given in section 152.01,
subdivision 14a, and also includes school bus stops established
by a school board under section 123.39, while school children
are waiting for the bus.
Subd. 2. [INCREASED PENALTIES.] Any person who commits a
violation of section 609.324 while acting other than as a
prostitute while in a school or park zone may be sentenced as
follows:
(1) if the crime committed is a felony, the statutory
maximum for the crime is three years longer than the statutory
maximum for the underlying crime;
(2) if the crime committed is a gross misdemeanor, the
person 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; and
(3) if the crime committed is a misdemeanor, the person is
guilty of a gross misdemeanor.
Sec. 16. Minnesota Statutes 1996, section 609.49,
subdivision 1, is amended to read:
Subdivision 1. [FELONY OFFENDERS.] (a) A person charged
with or convicted of a felony and released from custody, with or
without bail or recognizance, on condition that the releasee
personally appear when required with respect to the charge or
conviction, who intentionally fails to appear when required
after having been notified that a failure to appear for a court
appearance is a criminal offense, is guilty of a crime for
failure to appear 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 not more than one-half of the maximum term of
imprisonment or fine, or both, provided for the underlying crime
for which the person failed to appear, but this maximum sentence
shall, in no case, be less than a term of imprisonment of one
year and one day or a fine of $1,500, or both.
(b) A felony charge under this subdivision may be filed
upon the person's nonappearance. However, the charge must be
dismissed if the person who fails to appear voluntarily
surrenders within 48 hours after the time required for
appearance. This paragraph does not apply if the offender
appears as a result of being apprehended by law enforcement
authorities.
Sec. 17. Minnesota Statutes 1996, section 609.50,
subdivision 2, is amended to read:
Subd. 2. [PENALTY.] A person convicted of violating
subdivision 1 may be sentenced as follows:
(1) if (i) the act was committed with knowledge that it
person knew or had reason to know that the act created a risk of
death, substantial bodily harm, or serious property damage,; or
(ii) the act caused death, substantial bodily harm, or serious
property damage; or if (iii) the act involved the intentional
disarming of a peace officer by taking or attempting to take the
officer's firearm from the officer's possession without the
officer's consent,; to imprisonment for not more than five years
or to payment of a fine of not more than $10,000, or both;
(2) if the act was accompanied by force or violence or the
threat thereof, and is not otherwise covered by clause (1), to
imprisonment for not more than one year or to payment of a fine
of not more than $3,000, or both; or
(3) in other cases, to imprisonment for not more than 90
days or to payment of a fine of not more than $700, or both.
Sec. 18. Minnesota Statutes 1997 Supplement, section
609.52, subdivision 3, is amended to read:
Subd. 3. [SENTENCE.] Whoever commits theft may be
sentenced as follows:
(1) to imprisonment for not more than 20 years or to
payment of a fine of not more than $100,000, or both, if the
property is a firearm, or the value of the property or services
stolen is more than $35,000 and the conviction is for a
violation of subdivision 2, clause (3), (4), (15), or (16); or
(2) to imprisonment for not more than ten years or to
payment of a fine of not more than $20,000, or both, if the
value of the property or services stolen exceeds $2,500, or if
the property stolen was an article representing a trade secret,
an explosive or incendiary device, or a controlled substance
listed in schedule I or II pursuant to section 152.02 with the
exception of marijuana; or
(3) to imprisonment for not more than five years or to
payment of a fine of not more than $10,000, or both, if:
(a) the value of the property or services stolen is more
than $500 but not more than $2,500; or
(b) the property stolen was a controlled substance listed
in schedule III, IV, or V pursuant to section 152.02; or
(c) the value of the property or services stolen is more
than $200 but not more than $500 and the person has been
convicted within the preceding five years for an offense under
this section, section 256.98; 268.182; 609.24; 609.245; 609.53;
609.582, subdivision 1, 2, or 3; 609.625; 609.63; 609.631; or
609.821, or a statute from another state, the United States, or
a foreign jurisdiction, in conformity with any of those
sections, and the person received a felony or gross misdemeanor
sentence for the offense, or a sentence that was stayed under
section 609.135 if the offense to which a plea was entered would
allow imposition of a felony or gross misdemeanor sentence; or
(d) the value of the property or services stolen is not
more than $500, and any of the following circumstances exist:
(i) the property is taken from the person of another or
from a corpse, or grave or coffin containing a corpse; or
(ii) the property is a record of a court or officer, or a
writing, instrument or record kept, filed or deposited according
to law with or in the keeping of any public officer or office;
or
(iii) the property is taken from a burning, abandoned, or
vacant building or upon its removal therefrom, or from an area
of destruction caused by civil disaster, riot, bombing, or the
proximity of battle; or
(iv) the property consists of public funds belonging to the
state or to any political subdivision or agency thereof; or
(v) the property stolen is a motor vehicle; or
(4) to imprisonment for not more than one year or to
payment of a fine of not more than $3,000, or both, if the value
of the property or services stolen is more than $200 but not
more than $500; or
(5) in all other cases where the value of the property or
services stolen is $200 or less, to imprisonment for not more
than 90 days or to payment of a fine of not more than $700, or
both, provided, however, in any prosecution under subdivision 2,
clauses (1), (2), (3), (4), and (13), the value of the money or
property or services received by the defendant in violation of
any one or more of the above provisions within any six-month
period may be aggregated and the defendant charged accordingly
in applying the provisions of this subdivision; provided that
when two or more offenses are committed by the same person in
two or more counties, the accused may be prosecuted in any
county in which one of the offenses was committed for all of the
offenses aggregated under this paragraph.
Sec. 19. [609.5631] [ARSON IN THE FOURTH DEGREE.]
Subdivision 1. [DEFINITIONS.] (a) For purposes of this
section, the following terms have the meanings given.
(b) "Multiple unit residential building" means a building
containing two or more apartments.
(c) "Public building" means a building such as a hotel,
hospital, motel, dormitory, sanitarium, nursing home, theater,
stadium, gymnasium, amusement park building, school or other
building used for educational purposes, museum, restaurant, bar,
correctional institution, place of worship, or other building of
public assembly.
Subd. 2. [CRIME DESCRIBED.] Whoever intentionally by means
of fire or explosives sets fire to or burns or causes to be
burned any real or personal property in a multiple unit
residential building or public building 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. [609.5632] [ARSON IN THE FIFTH DEGREE.]
Whoever intentionally by means of fire or explosives sets
fire to or burns or causes to be burned any real or personal
property of value is guilty of a misdemeanor and may be
sentenced to imprisonment for not more than 90 days or to
payment of a fine of not more than $700, or both.
Sec. 21. Minnesota Statutes 1996, section 609.582, is
amended to read:
609.582 [BURGLARY.]
Subdivision 1. [BURGLARY IN THE FIRST DEGREE.] Whoever
enters a building without consent and with intent to commit a
crime, or enters a building without consent and commits a crime
while in the building, either directly or as an accomplice,
commits burglary in the first degree and may be sentenced to
imprisonment for not more than 20 years or to payment of a fine
of not more than $35,000, or both, if:
(a) the building is a dwelling and another person, not an
accomplice, is present in it when the burglar enters or at any
time while the burglar is in the building;
(b) the burglar possesses, when entering or at any time
while in the building, any of the following: a dangerous
weapon, any article used or fashioned in a manner to lead the
victim to reasonably believe it to be a dangerous weapon, or an
explosive; or
(c) the burglar assaults a person within the building or on
the building's appurtenant property.
Subd. 1a. [MANDATORY MINIMUM SENTENCE FOR BURGLARY OF
OCCUPIED DWELLING.] A person convicted of committing burglary of
an occupied dwelling, as defined in subdivision 1, clause (a),
must be committed to the commissioner of corrections or county
workhouse for not less than six months.
Subd. 2. [BURGLARY IN THE SECOND DEGREE.] Whoever enters a
building without consent and with intent to commit a crime, or
enters a building without consent and commits a crime while in
the building, either directly or as an accomplice, commits
burglary in the second degree and may be sentenced to
imprisonment for not more than ten years or to payment of a fine
of not more than $20,000, or both, if:
(a) the building is a dwelling;
(b) the portion of the building entered contains a banking
business or other business of receiving securities or other
valuable papers for deposit or safekeeping and the entry is with
force or threat of force;
(c) the portion of the building entered contains a pharmacy
or other lawful business or practice in which controlled
substances are routinely held or stored, and the entry is
forcible; or
(d) when entering or while in the building, the burglar
possesses a tool to gain access to money or property.
Subd. 3. [BURGLARY IN THE THIRD DEGREE.] Whoever enters a
building without consent and with intent to steal or commit any
felony or gross misdemeanor while in the building, or enters a
building without consent and steals or commits a felony or gross
misdemeanor while in the building, either directly or as an
accomplice, commits burglary in the third degree and may be
sentenced to imprisonment for not more than five years or to
payment of a fine of not more than $10,000, or both.
Subd. 4. [BURGLARY IN THE FOURTH DEGREE.] Whoever enters a
building without consent and with intent to commit a misdemeanor
other than to steal, or enters a building without consent and
commits a misdemeanor other than to steal while in the building,
either directly or as an accomplice, commits burglary in the
fourth degree and may be sentenced to imprisonment for not more
than one year or to payment of a fine of not more than $3,000,
or both.
Sec. 22. Minnesota Statutes 1996, section 609.66,
subdivision 1e, is amended to read:
Subd. 1e. [FELONY; DRIVE-BY SHOOTING.] (a) Whoever, while
in or having just exited from a motor vehicle, recklessly
discharges a firearm at or toward a person, another motor
vehicle, or a building is guilty of a felony and may be
sentenced to imprisonment for not more than three years or to
payment of a fine of not more than $6,000, or both. If the
vehicle or building is occupied, the person may be sentenced to
imprisonment for not more than five years or to payment of a
fine of not more than $10,000, or both.
(b) Any person who violates this subdivision by firing at
or toward a person, or an occupied building or motor vehicle,
may be sentenced to imprisonment for not more than ten years or
to payment of a fine of not more than $20,000, or both.
(c) For purposes of this subdivision, "motor vehicle" has
the meaning given in section 609.52, subdivision 1, and
"building" has the meaning given in section 609.581, subdivision
2.
Sec. 23. Minnesota Statutes 1997 Supplement, section
609.749, subdivision 2, is amended to read:
Subd. 2. [HARASSMENT AND STALKING CRIMES.] (a) A person
who harasses another by committing any of the following acts is
guilty of a gross misdemeanor:
(1) directly or indirectly manifests a purpose or intent to
injure the person, property, or rights of another by the
commission of an unlawful act;
(2) stalks, follows, or pursues another;
(3) returns to the property of another if the actor is
without claim of right to the property or consent of one with
authority to consent;
(4) repeatedly makes telephone calls, or induces a victim
to make telephone calls to the actor, whether or not
conversation ensues;
(5) makes or causes the telephone of another repeatedly or
continuously to ring;
(6) repeatedly mails or delivers or causes the delivery of
letters, telegrams, messages, packages, or other objects; or
(7) engages in any other harassing conduct that interferes
with another person or intrudes on the person's privacy or
liberty knowingly makes false allegations against a peace
officer concerning the officer's performance of official duties
with intent to influence or tamper with the officer's
performance of official duties.
(b) The conduct described in paragraph (a), clauses (4) and
(5), may be prosecuted at the place where any call is either
made or received. The conduct described in paragraph (a),
clause (6), may be prosecuted where any letter, telegram,
message, package, or other object is either sent or received.
(c) A peace officer may not make a warrantless, custodial
arrest of any person for a violation of paragraph (a), clause
(7).
Sec. 24. Minnesota Statutes 1996, section 609.749,
subdivision 3, is amended to read:
Subd. 3. [AGGRAVATED VIOLATIONS.] A person who commits any
of the following acts is guilty of a felony:
(1) commits any offense described in subdivision 2 because
of the victim's or another's actual or perceived race, color,
religion, sex, sexual orientation, disability as defined in
section 363.01, age, or national origin;
(2) commits any offense described in subdivision 2 by
falsely impersonating another;
(3) commits any offense described in subdivision 2 and
possesses a dangerous weapon at the time of the offense;
(4) commits a violation of engages in harassing conduct, as
defined in subdivision 1, with intent to influence or otherwise
tamper with a juror or a judicial proceeding or with intent to
retaliate against a judicial officer, as defined in section
609.415, or a prosecutor, defense attorney, or officer of the
court, because of that person's performance of official duties
in connection with a judicial proceeding; or
(5) commits any offense described in subdivision 2 against
a victim under the age of 18, if the actor is more than 36
months older than the victim.
Sec. 25. [611A.775] [RESTORATIVE JUSTICE PROGRAMS.]
A community-based organization, in collaboration with a
local governmental unit, may establish a restorative justice
program. A restorative justice program is a program that
provides forums where certain individuals charged with or
petitioned for having committed an offense meet with the victim,
if appropriate; 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; other criminal justice system
professionals when appropriate; and members of the community, in
order to:
(1) discuss the impact of the offense on the victim and the
community;
(2) provide support to the victim and methods for
reintegrating the victim into community life;
(3) assign an appropriate sanction to the offender; and
(4) provide methods for reintegrating the offender into
community life.
Sec. 26. Minnesota Statutes 1997 Supplement, 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, or receiving profit
derived from 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) (8) criminal sexual conduct in the second degree under
section 609.343;
(10) (9) criminal sexual conduct in the third degree under
section 609.344, subdivision 1, paragraph (c), (f), or (g);
(11) (10) solicitation of a child to engage in sexual
conduct under section 609.352;
(12) (11) incest under section 609.365;
(13) (12) malicious punishment of a child under section
609.377;
(14) (13) neglect of a child under section 609.378;
(15) (14) terroristic threats under section 609.713; or
(16) (15) felony harassment or stalking under section
609.749.
Sec. 27. Laws 1997, chapter 239, article 3, section 26, is
amended to read:
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, even if the crime was committed
before that date. Section 24 is effective July 1, 1997.
Sec. 28. [AMENDMENT TO SENTENCING GUIDELINES.]
Pursuant to Laws 1997, chapter 96, section 11, the proposed
comment contained on page 19 of the January 1998 Minnesota
sentencing guidelines commission's report to the legislature
shall take effect on August 1, 1998.
Sec. 29. [CRIME REPORTS BY MINNEAPOLIS, HENNEPIN COUNTY,
AND THE HENNEPIN COUNTY DISTRICT COURT REQUIRED.]
Subdivision 1. [DEFINITIONS.] As used in this section, the
following terms have the meanings given:
(1) "crime" refers to any misdemeanor, gross misdemeanor,
enhanced gross misdemeanor, or felony offense;
(2) "neighborhood" means:
(i) a neighborhood as defined for the purposes of the
neighborhood revitalization program under section 469.1831, if
applicable; or
(ii) a planning district as identified and mapped for city
district planning purposes;
(3) "reporting period" means the period from July 1, 1998,
to December 31, 1998;
(4) "types of cases" refers to a categorization of persons
arrested or cited for, charged with, or prosecuted for any crime
including, but not limited to, the following: murder, criminal
sexual conduct, robbery, aggravated assault, burglary,
larceny-theft, motor vehicle theft, arson, domestic assault,
other assaults, prostitution, narcotic controlled substance law
violations, vandalism, other property violations, weapons
offenses, disorderly conduct, and DWI, provided that a person
being arrested for multiple offenses must be categorized by the
most serious offense; and
(5) "types of crime" refers to a categorization of crimes
into the eight part I offense categories and twenty part II
offense categories listed in the uniform crime report published
annually by the federal bureau of investigation.
Subd. 2. [INFORMATION REQUIRED.] (a) Minneapolis shall
collect and maintain the following information on crimes and
criminal cases occurring within the city:
(1) the number and types of crimes reported to local law
enforcement agencies;
(2) the number of individuals arrested for crimes by local
law enforcement agencies;
(3) the number of tab charges and citations issued for
crimes by local law enforcement agencies;
(4) the number and types of crimes cleared by arrest,
citation or tab charge;
(5) the number and types of cases that are referred to the
city attorney for review or prosecution;
(6) the number and types of cases that result in the
issuance of a criminal complaint by the city attorney; and
(7) the number and types of cases that the city attorney:
(i) dropped, declined, or denied; or (ii) diverted pretrial.
The city attorney shall also note the full-time equivalent
number of attorneys, and the number of cases, by assignment area
for the reporting period.
(b) Hennepin county shall collect and maintain the
following information for criminal cases relating to crimes
occurring within Minneapolis:
(1) the number and types of cases that are referred to the
county attorney for review or prosecution;
(2) the number and types of cases that result in the
issuance of a complaint or indictment; and
(3) the number and types of cases that the county attorney:
(i) dropped, declined, or denied; or (ii) diverted pretrial in
accordance with Minnesota Statutes, section 401.065 or 388.24;
The county also shall determine the date by which it came,
or expects to come, into compliance with Minnesota Statutes,
section 299C.115, regarding warrant information to be provided
electronically statewide.
(c) The Hennepin county district court shall collect and
maintain for cases occurring within Minneapolis:
(1) the disposition of cases filed with the court,
including the number and types of cases resulting in dismissal,
continuance for dismissal, pretrial diversion, guilty plea,
finding of guilt following trial, stay of adjudication or
imposition, or verdict of acquittal; and
(2) the number and types of cases that are referred to the
violations bureau.
(d) Minneapolis, Hennepin county, and the Hennepin county
district court shall jointly determine:
(i) the date by which they had, or plan to have, an
integrated criminal justice information system capable of
regular and full public reporting on the occurrence and handling
of crime and criminal cases; and
(ii) the actual or projected cost of such a system.
Subd. 3. [REPORTS.] Minneapolis, Hennepin county, and the
Hennepin county district court shall publish by February 1, 1999
a report describing the information required to be collected
under subdivision 2 for the reporting period. If practicable,
the information reported must be stratified by neighborhood
within Minneapolis. The report must be submitted to the chairs
and ranking minority members of the house and senate committees
and divisions having jurisdiction over criminal justice policy
and funding.
Sec. 30. [STUDY OF CERTAIN PROSTITUTION CASES.]
Subdivision 1. [DEFINITION.] As used in this section,
"prostitution crime" means a violation of Minnesota Statutes,
section 609.324.
Subd. 2. [COLLECTION OF INFORMATION.] The offices of the
Hennepin and Ramsey county attorneys and sheriffs and the
offices of the Minneapolis and St. Paul city attorneys and
police departments shall collect information on the
investigation and prosecution of prostitution crimes committed
within their respective jurisdictions during calendar year
1997. The information collected shall include data on the
neighborhood where the offense allegedly was committed and the
city where the perpetrator resides; the number of police calls
or complaints concerning prostitution crimes; the number of
arrests made or citations issued for prostitution crimes; the
age, race, and gender of the individuals arrested; the types of
charges filed in these cases, if any; when the charge is a
violation of Minnesota Statutes, section 609.324; whether the
person charged was acting as a patron or prostitute; and the
disposition of the cases in which prosecutions were initiated,
including the amount of any fine or penalty assessment imposed
and whether the offender participated in any restorative justice
or alternative sentencing measure.
Subd. 3. [LEGISLATIVE REPORT.] The prosecuting authorities
specified in subdivision 2 shall cooperate in compiling a report
containing the information required to be collected under
subdivision 2 and shall submit the report by December 15, 1998,
to the chairs of the senate crime prevention committee and the
house judiciary committee.
Sec. 31. [PENALTY ASSESSMENTS FOR PROSTITUTION CRIMES;
REPORT.]
(a) On or before December 15, 1998, the commissioner of
corrections shall submit a report to the chairs of the senate
crime prevention committee and the house judiciary committee
concerning the use of money appropriated to the commissioner
from the penalty assessment authorized by Minnesota Statutes,
section 609.3241. The report shall provide information on the
amount of money appropriated to the commissioner from this
source since fiscal year 1995, and the ways in which the money
has been used to assist individuals who have stopped or wished
to stop engaging in prostitution.
(b) On or before December 15, 1998, the supreme court is
requested to report to the chairs of the senate crime prevention
committee and the house judiciary committee concerning the use
of money collected since fiscal year 1995 from penalty
assessments under Minnesota Statutes, section 609.3241, and used
for the purposes described in Minnesota Statutes, section
626.558, subdivision 2.
Sec. 32. [REVISOR'S INSTRUCTION.]
The revisor shall delete all cross-references to Minnesota
Statutes, section 609.323, wherever they appear in the next
edition of Minnesota Statutes.
Sec. 33. [REPEALER.]
Minnesota Statutes 1996, sections 609.321, subdivisions 3
and 6; 609.322, subdivisions 2 and 3; 609.323; and 609.563,
subdivision 2, are repealed.
Sec. 34. [EFFECTIVE DATE.]
Sections 4 and 22 are effective January 1, 1999, and apply
to crimes committed on or after that date. Section 9 is
effective June 1, 1998, and applies to crimes committed on or
after that date. Section 27 is effective the day following
final enactment. Section 29 applies to the city of Minneapolis
upon its acceptance by the Minneapolis city council pursuant to
Minnesota Statutes, section 645.021, and applies to Hennepin
county upon its acceptance by the Hennepin county board pursuant
to Minnesota Statutes, section 645.021. Sections 1 to 3, 5 to
8, 10 to 24, 26, 32, and 33 are effective August 1, 1998, and
apply to crimes committed on or after that date.
ARTICLE 3
SEX OFFENDERS
Section 1. Minnesota Statutes 1996, section 243.166,
subdivision 1, is amended to read:
Subdivision 1. [REGISTRATION REQUIRED.] (a) A person shall
register under this section if:
(1) the person was charged with or petitioned for a felony
violation of or attempt to violate any of the following, and
convicted of or adjudicated delinquent for that offense or
another offense arising out of the same set of circumstances:
(i) murder under section 609.185, clause (2); or
(ii) kidnapping under section 609.25, involving a minor
victim; or
(iii) criminal sexual conduct under section 609.342;
609.343; 609.344; or 609.345; or 609.3451, subdivision 3; or
(iv) indecent exposure under section 617.23, subdivision 3;
or
(2) the person was charged with or petitioned for falsely
imprisoning a minor in violation of section 609.255, subdivision
2; soliciting a minor to engage in prostitution in violation of
section 609.322 or 609.324; soliciting a minor to engage in
sexual conduct in violation of section 609.352; using a minor in
a sexual performance in violation of section 617.246,; or
possessing pictorial representations of minors in violation of
section 617.247, and convicted of or adjudicated delinquent for
that offense or another offense arising out of the same set of
circumstances; or
(3) the person was convicted of a predatory crime as
defined in section 609.1352, and the offender was sentenced as a
patterned sex offender or the court found on its own motion or
that of the prosecutor that the crime was part of a predatory
pattern of behavior that had criminal sexual conduct as its
goal; or
(4) the person was convicted of or adjudicated delinquent
for violating a law of the United States similar to the offenses
described in clause (1), (2), or (3).
(b) A person also shall register under this section if:
(1) the person was convicted of or adjudicated delinquent
in another state for an offense that would be a violation of a
law described in paragraph (a) if committed in this state;
(2) the person enters and remains in this state for 30 days
or longer the state as required in subdivision 3, paragraph (b);
and
(3) ten years have not elapsed since the person was
released from confinement or, if the person was not confined,
since the person was convicted of or adjudicated delinquent for
the offense that triggers registration.
(c) A person also shall register under this section if the
person was committed pursuant to a court commitment order under
section 253B.185 or Minnesota Statutes 1992, section 526.10,
regardless of whether the person was convicted of any offense.
Sec. 2. Minnesota Statutes 1997 Supplement, 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. Registration
information on adults and juveniles may be maintained together
notwithstanding section 260.161, subdivision 3.
(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. 3. Minnesota Statutes 1996, section 243.166,
subdivision 5, is amended to read:
Subd. 5. [CRIMINAL PENALTY.] A person required to register
under this section who knowingly violates any of its provisions
or intentionally provides false information to a corrections
agent, law enforcement authority, or the bureau of criminal
apprehension is guilty of a gross misdemeanor. A person
convicted of or adjudicated delinquent for violating this
section who previously has been convicted under this section is
guilty of a felony. A violation of this section may be
prosecuted either where the person resides or where the person
was last assigned to a Minnesota corrections agent.
Sec. 4. Minnesota Statutes 1996, section 244.05,
subdivision 7, is amended to read:
Subd. 7. [SEX OFFENDERS; CIVIL COMMITMENT DETERMINATION.]
Before the commissioner releases from prison any inmate
convicted under sections 609.342 to 609.345 or sentenced as a
patterned offender under section 609.1352, and determined by the
commissioner to be in a high risk category, the commissioner
shall make a preliminary determination whether, in the
commissioner's opinion, a petition under section 253B.185 may be
appropriate. If the commissioner determines that a petition may
be appropriate, the commissioner shall forward this
determination, along with a summary of the reasons for the
determination, to the county attorney in the county where the
inmate was convicted no later than six 12 months before the
inmate's release date. If the inmate is received for
incarceration with fewer than 12 months remaining in the
inmate's term of imprisonment, or if the commissioner receives
additional information less than 12 months before release which
makes the inmate's case appropriate for referral, the
commissioner shall forward the determination as soon as is
practicable. Upon receiving the commissioner's preliminary
determination, the county attorney shall proceed in the manner
provided in section 253B.185. The commissioner shall release to
the county attorney all requested documentation maintained by
the department.
Sec. 5. Minnesota Statutes 1996, section 609.341,
subdivision 11, is amended to read:
Subd. 11. (a) "Sexual contact," for the purposes of
sections 609.343, subdivision 1, clauses (a) to (f), and
609.345, subdivision 1, clauses (a) to (e), and (h) to (l),
includes any of the following acts committed without the
complainant's consent, except in those cases where consent is
not a defense, and committed with sexual or aggressive intent:
(i) the intentional touching by the actor of the
complainant's intimate parts, or
(ii) the touching by the complainant of the actor's, the
complainant's, or another's intimate parts effected by a person
in a position of authority, or by coercion or the use of a
position of authority, or by inducement if the complainant is
under 13 years of age or mentally impaired, or
(iii) the touching by another of the complainant's intimate
parts effected by coercion or the use of a position of authority
or by a person in a position of authority, or
(iv) in any of the cases above, the touching of the
clothing covering the immediate area of the intimate parts.
(b) "Sexual contact," for the purposes of sections 609.343,
subdivision 1, clauses (g) and (h), and 609.345, subdivision 1,
clauses (f) and (g), includes any of the following acts
committed with sexual or aggressive intent:
(i) the intentional touching by the actor of the
complainant's intimate parts;
(ii) the touching by the complainant of the actor's, the
complainant's, or another's intimate parts;
(iii) the touching by another of the complainant's intimate
parts; or
(iv) in any of the cases listed above, touching of the
clothing covering the immediate area of the intimate parts.
(c) "Sexual contact with a person under 13" means the
intentional touching of the complainant's bare genitals or anal
opening by the actor's bare genitals or anal opening with sexual
or aggressive intent or the touching by the complainant's bare
genitals or anal opening of the actor's or another's bare
genitals or anal opening with sexual or aggressive intent.
Sec. 6. Minnesota Statutes 1996, section 609.341,
subdivision 12, is amended to read:
Subd. 12. "Sexual penetration" means any of the following
acts committed without the complainant's consent, except in
those cases where consent is not a defense, whether or not
emission of semen occurs:
(1) sexual intercourse, cunnilingus, fellatio, or anal
intercourse; or
(2) any intrusion however slight into the genital or anal
openings:
(i) of the complainant's body by any part of the actor's
body or any object used by the actor for this purpose;
(ii) of the complainant's body by any part of the body of
the complainant, by any part of the body of another person, or
by any object used by the complainant or another person for this
purpose, when effected by a person in a position of authority,
or by coercion or the use of a position of authority, or by
inducement if the child is under 13 years of age or mentally
impaired; or
(iii) of the body of the actor or another person by any
part of the body of the complainant or by any object used by the
complainant for this purpose, when effected by a person in a
position of authority, or by coercion or the use of a position
of authority, or by inducement if the child is under 13 years of
age or mentally impaired.
Sec. 7. Minnesota Statutes 1996, section 609.342,
subdivision 1, is amended to read:
Subdivision 1. [CRIME DEFINED.] A person who engages in
sexual penetration with another person, or in sexual contact
with a person under 13 years of age as defined in section
609.341, subdivision 11, paragraph (c), is guilty of criminal
sexual conduct in the first degree if any of the following
circumstances exists:
(a) the complainant is under 13 years of age and the actor
is more than 36 months older than the complainant. Neither
mistake as to the complainant's age nor consent to the act by
the complainant is a defense;
(b) the complainant is at least 13 years of age but less
than 16 years of age and the actor is more than 48 months older
than the complainant and in a position of authority over the
complainant, and uses this authority to cause the complainant to
submit. Neither mistake as to the complainant's age nor consent
to the act by the complainant is a defense;
(c) circumstances existing at the time of the act cause the
complainant to have a reasonable fear of imminent great bodily
harm to the complainant or another;
(d) the actor is armed with a dangerous weapon or any
article used or fashioned in a manner to lead the complainant to
reasonably believe it to be a dangerous weapon and uses or
threatens to use the weapon or article to cause the complainant
to submit;
(e) the actor causes personal injury to the complainant,
and either of the following circumstances exist:
(i) the actor uses force or coercion to accomplish sexual
penetration; or
(ii) the actor knows or has reason to know that the
complainant is mentally impaired, mentally incapacitated, or
physically helpless;
(f) the actor is aided or abetted by one or more
accomplices within the meaning of section 609.05, and either of
the following circumstances exists:
(i) an accomplice uses force or coercion to cause the
complainant to submit; or
(ii) an accomplice is armed with a dangerous weapon or any
article used or fashioned in a manner to lead the complainant
reasonably to believe it to be a dangerous weapon and uses or
threatens to use the weapon or article to cause the complainant
to submit;
(g) the actor has a significant relationship to the
complainant and the complainant was under 16 years of age at the
time of the sexual penetration. Neither mistake as to the
complainant's age nor consent to the act by the complainant is a
defense; or
(h) the actor has a significant relationship to the
complainant, the complainant was under 16 years of age at the
time of the sexual penetration, and:
(i) the actor or an accomplice used force or coercion to
accomplish the penetration;
(ii) the complainant suffered personal injury; or
(iii) the sexual abuse involved multiple acts committed
over an extended period of time.
Neither mistake as to the complainant's age nor consent to
the act by the complainant is a defense.
Sec. 8. Minnesota Statutes 1996, section 609.343,
subdivision 1, is amended to read:
Subdivision 1. [CRIME DEFINED.] A person who engages in
sexual contact with another person is guilty of criminal sexual
conduct in the second degree if any of the following
circumstances exists:
(a) the complainant is under 13 years of age and the actor
is more than 36 months older than the complainant. Neither
mistake as to the complainant's age nor consent to the act by
the complainant is a defense. In a prosecution under this
clause, the state is not required to prove that the sexual
contact was coerced;
(b) the complainant is at least 13 but less than 16 years
of age and the actor is more than 48 months older than the
complainant and in a position of authority over the complainant,
and uses this authority to cause the complainant to submit.
Neither mistake as to the complainant's age nor consent to the
act by the complainant is a defense;
(c) circumstances existing at the time of the act cause the
complainant to have a reasonable fear of imminent great bodily
harm to the complainant or another;
(d) the actor is armed with a dangerous weapon or any
article used or fashioned in a manner to lead the complainant to
reasonably believe it to be a dangerous weapon and uses or
threatens to use the dangerous weapon to cause the complainant
to submit;
(e) the actor causes personal injury to the complainant,
and either of the following circumstances exist:
(i) the actor uses force or coercion to accomplish the
sexual contact; or
(ii) the actor knows or has reason to know that the
complainant is mentally impaired, mentally incapacitated, or
physically helpless;
(f) the actor is aided or abetted by one or more
accomplices within the meaning of section 609.05, and either of
the following circumstances exists:
(i) an accomplice uses force or coercion to cause the
complainant to submit; or
(ii) an accomplice is armed with a dangerous weapon or any
article used or fashioned in a manner to lead the complainant to
reasonably believe it to be a dangerous weapon and uses or
threatens to use the weapon or article to cause the complainant
to submit;
(g) the actor has a significant relationship to the
complainant and the complainant was under 16 years of age at the
time of the sexual contact. Neither mistake as to the
complainant's age nor consent to the act by the complainant is a
defense; or
(h) the actor has a significant relationship to the
complainant, the complainant was under 16 years of age at the
time of the sexual contact, and:
(i) the actor or an accomplice used force or coercion to
accomplish the contact;
(ii) the complainant suffered personal injury; or
(iii) the sexual abuse involved multiple acts committed
over an extended period of time.
Neither mistake as to the complainant's age nor consent to
the act by the complainant is a defense.
Sec. 9. Minnesota Statutes 1996, section 609.344,
subdivision 1, is amended to read:
Subdivision 1. [CRIME DEFINED.] A person who engages in
sexual penetration with another person is guilty of criminal
sexual conduct in the third degree if any of the following
circumstances exists:
(a) the complainant is under 13 years of age and the actor
is no more than 36 months older than the complainant. Neither
mistake as to the complainant's age nor consent to the act by
the complainant shall be a defense;
(b) the complainant is at least 13 but less than 16 years
of age and the actor is more than 24 months older than the
complainant. In any such case it shall be an affirmative
defense, which must be proved by a preponderance of the
evidence, that the actor believes the complainant to be 16 years
of age or older. If the actor in such a case is no more than 48
months but more than 24 months older than the complainant, the
actor may be sentenced to imprisonment for not more than five
years. Consent by the complainant is not a defense;
(c) the actor uses force or coercion to accomplish the
penetration;
(d) the actor knows or has reason to know that the
complainant is mentally impaired, mentally incapacitated, or
physically helpless;
(e) the complainant is at least 16 but less than 18 years
of age and the actor is more than 48 months older than the
complainant and in a position of authority over the complainant,
and uses this authority to cause or induce the complainant to
submit. Neither mistake as to the complainant's age nor consent
to the act by the complainant is a defense;
(f) the actor has a significant relationship to the
complainant and the complainant was at least 16 but under 18
years of age at the time of the sexual penetration. Neither
mistake as to the complainant's age nor consent to the act by
the complainant is a defense;
(g) the actor has a significant relationship to the
complainant, the complainant was at least 16 but under 18 years
of age at the time of the sexual penetration, and:
(i) the actor or an accomplice used force or coercion to
accomplish the penetration;
(ii) the complainant suffered personal injury; or
(iii) the sexual abuse involved multiple acts committed
over an extended period of time.
Neither mistake as to the complainant's age nor consent to
the act by the complainant is a defense;
(h) the actor is a psychotherapist and the complainant is a
patient of the psychotherapist and the sexual penetration
occurred:
(i) during the psychotherapy session; or
(ii) outside the psychotherapy session if an ongoing
psychotherapist-patient relationship exists.
Consent by the complainant is not a defense;
(i) the actor is a psychotherapist and the complainant is a
former patient of the psychotherapist and the former patient is
emotionally dependent upon the psychotherapist;
(j) the actor is a psychotherapist and the complainant is a
patient or former patient and the sexual penetration occurred by
means of therapeutic deception. Consent by the complainant is
not a defense;
(k) the actor accomplishes the sexual penetration by means
of deception or false representation that the penetration is for
a bona fide medical purpose. Consent by the complainant is not
a defense; or
(1) the actor is or purports to be a member of the clergy,
the complainant is not married to the actor, and:
(i) the sexual penetration occurred during the course of a
meeting in which the complainant sought or received religious or
spiritual advice, aid, or comfort from the actor in private; or
(ii) the sexual penetration occurred during a period of
time in which the complainant was meeting on an ongoing basis
with the actor to seek or receive religious or spiritual advice,
aid, or comfort in private.
Consent by the complainant is not a defense.
Sec. 10. Minnesota Statutes 1996, section 609.345,
subdivision 1, is amended to read:
Subdivision 1. [CRIME DEFINED.] A person who engages in
sexual contact with another person is guilty of criminal sexual
conduct in the fourth degree if any of the following
circumstances exists:
(a) the complainant is under 13 years of age and the actor
is no more than 36 months older than the complainant. Neither
mistake as to the complainant's age or consent to the act by the
complainant is a defense. In a prosecution under this clause,
the state is not required to prove that the sexual contact was
coerced;
(b) the complainant is at least 13 but less than 16 years
of age and the actor is more than 48 months older than the
complainant or in a position of authority over the complainant
and uses this authority to cause the complainant to submit.
Consent by the complainant to the act is not a defense. In any
such case, it shall be an affirmative defense which must be
proved by a preponderance of the evidence that the actor
believes the complainant to be 16 years of age or older;
(c) the actor uses force or coercion to accomplish the
sexual contact;
(d) the actor knows or has reason to know that the
complainant is mentally impaired, mentally incapacitated, or
physically helpless;
(e) the complainant is at least 16 but less than 18 years
of age and the actor is more than 48 months older than the
complainant and in a position of authority over the complainant,
and uses this authority to cause or induce the complainant to
submit. Neither mistake as to the complainant's age nor consent
to the act by the complainant is a defense;
(f) the actor has a significant relationship to the
complainant and the complainant was at least 16 but under 18
years of age at the time of the sexual contact. Neither mistake
as to the complainant's age nor consent to the act by the
complainant is a defense;
(g) the actor has a significant relationship to the
complainant, the complainant was at least 16 but under 18 years
of age at the time of the sexual contact, and:
(i) the actor or an accomplice used force or coercion to
accomplish the contact;
(ii) the complainant suffered personal injury; or
(iii) the sexual abuse involved multiple acts committed
over an extended period of time.
Neither mistake as to the complainant's age nor consent to
the act by the complainant is a defense;
(h) the actor is a psychotherapist and the complainant is a
patient of the psychotherapist and the sexual contact occurred:
(i) during the psychotherapy session; or
(ii) outside the psychotherapy session if an ongoing
psychotherapist-patient relationship exists.
Consent by the complainant is not a defense;
(i) the actor is a psychotherapist and the complainant is a
former patient of the psychotherapist and the former patient is
emotionally dependent upon the psychotherapist;
(j) the actor is a psychotherapist and the complainant is a
patient or former patient and the sexual contact occurred by
means of therapeutic deception. Consent by the complainant is
not a defense;
(k) the actor accomplishes the sexual contact by means of
deception or false representation that the contact is for a bona
fide medical purpose. Consent by the complainant is not a
defense; or
(1) the actor is or purports to be a member of the clergy,
the complainant is not married to the actor, and:
(i) the sexual contact occurred during the course of a
meeting in which the complainant sought or received religious or
spiritual advice, aid, or comfort from the actor in private; or
(ii) the sexual contact occurred during a period of time in
which the complainant was meeting on an ongoing basis with the
actor to seek or receive religious or spiritual advice, aid, or
comfort in private.
Consent by the complainant is not a defense.
Sec. 11. Minnesota Statutes 1996, section 609.3451,
subdivision 3, is amended to read:
Subd. 3. [FELONY.] A person is guilty of a felony and may
be sentenced to imprisonment for not more than five years or to
payment of a fine of not more than $10,000, or both, if the
person violates subdivision 1, clause (2), after having been
previously convicted of or adjudicated delinquent for violating
subdivision 1, clause (2); section 617.23, paragraph
(b) subdivision 2, clause (1); or a statute from another state
in conformity with subdivision 1, clause (2), or section 617.23,
paragraph (b) subdivision 2, clause (1).
Sec. 12. Minnesota Statutes 1996, section 609.3461,
subdivision 1, is amended to read:
Subdivision 1. [UPON SENTENCING.] The court shall order an
offender to provide a biological specimen for the purpose of DNA
analysis as defined in section 299C.155 when:
(1) the court sentences a person charged with violating or
attempting to violate section 609.185, clause (2), 609.342,
609.343, 609.344, or 609.345, or 617.23, subdivision 3, clause
(2), who is convicted of violating one of those sections or of
any offense arising out of the same set of circumstances;
(2) the court sentences a person as a patterned sex
offender under section 609.1352; or
(3) the juvenile court adjudicates a person a delinquent
child who is the subject of a delinquency petition for violating
or attempting to violate section 609.185, clause (2), 609.342,
609.343, 609.344, or 609.345, or 617.23, subdivision 3, clause
(2), and the delinquency adjudication is based on a violation of
one of those sections or of any offense arising out of the same
set of circumstances. The biological specimen or the results of
the analysis shall be maintained by the bureau of criminal
apprehension as provided in section 299C.155.
Sec. 13. Minnesota Statutes 1996, section 609.3461,
subdivision 2, is amended to read:
Subd. 2. [BEFORE RELEASE.] If a person convicted of
violating or attempting to violate section 609.185, clause (2),
609.342, 609.343, 609.344, or 609.345, or 617.23, subdivision 3,
clause (2), or initially charged with violating one of those
sections and convicted of another offense arising out of the
same set of circumstances, or sentenced as a patterned sex
offender under section 609.1352, and committed to the custody of
the commissioner of corrections, or serving a term of
imprisonment in this state under a reciprocal agreement although
convicted in another state of an offense described in this
subdivision or a similar law of the United States or any other
state, has not provided a biological specimen for the purpose of
DNA analysis, the commissioner of corrections or local
corrections authority shall order the person to provide a
biological specimen for the purpose of DNA analysis before
completion of the person's term of imprisonment. The
commissioner of corrections or local corrections authority shall
forward the sample to the bureau of criminal apprehension.
Sec. 14. Minnesota Statutes 1996, section 617.23, is
amended to read:
617.23 [INDECENT EXPOSURE; PENALTIES.]
(a) Subdivision 1. [MISDEMEANOR.] A person is guilty of a
misdemeanor who commits any of the following acts in any public
place, or in any place where others are present, is guilty of a
misdemeanor:
(1) willfully and lewdly exposes the person's body, or the
private parts thereof;
(2) procures another to expose private parts; or
(3) engages in any open or gross lewdness or lascivious
behavior, or any public indecency other than behavior specified
in clause (1) or (2) or this clause subdivision.
(b) Subd. 2. [GROSS MISDEMEANOR.] A person who commits any
of the following acts is guilty of a gross misdemeanor if:
(1) the person violates this section subdivision 1 in the
presence of a minor under the age of 16; or
(2) the person violates this section subdivision 1 after
having been previously convicted of violating this section
subdivision 1, sections 609.342 to 609.3451, or a statute from
another state in conformity with any of those sections.
(c) Subd. 3. [FELONY.] A person is guilty of a felony and
may be sentenced to imprisonment for not more than five years or
to payment of a fine of not more than $10,000, or both, if:
(1) the person violates paragraph (b) subdivision 2, clause
(1), after having been previously convicted of or adjudicated
delinquent for violating paragraph (b) subdivision 2, clause
(1); section 609.3451, subdivision 1, clause (2); or a statute
from another state in conformity with paragraph (b) subdivision
2, clause (1), or section 609.3451, subdivision 1, clause (2).;
or
(2) the person commits a violation of subdivision 1, clause
(1), in the presence of another person while intentionally
confining that person or otherwise intentionally restricting
that person's freedom to move.
Sec. 15. [STUDY ON SEXUALLY DANGEROUS PERSONS/PERSONS WITH
SEXUAL PSYCHOPATHIC PERSONALITIES.]
(a) The commissioner of corrections, in cooperation with
the commissioner of human services, shall study and make
recommendations on issues involving sexually dangerous persons
and persons with sexual psychopathic personalities. The study
must examine the current system of treatment, commitment, and
confinement of these individuals; financial costs associated
with the current system; and the advantages and disadvantages of
alternatives to the current system, including indeterminate
criminal sentencing and changes to the patterned sex offender
sentencing law. In addition, the study must examine how other
states have responded to these individuals.
(b) By December 15, 1998, the commissioner shall report on
the results of the study to the chairs and ranking minority
members of the senate and house committees and divisions having
jurisdiction over criminal justice policy and funding. The
report must include recommendations on alternative methods of
addressing sexually dangerous persons and persons with sexual
psychopathic personalities within constitutional limits and
while balancing the need for public safety, ensuring that these
individuals are treated humanely and fairly, and financial
prudence.
Sec. 16. [EFFECTIVE DATES.]
Sections 1 to 3 are effective July 1, 1998, and apply to
persons who are released from prison on or after that date, or
who are under supervision as of that date, or who enter this
state on or after that date. Sections 5 to 11, and 14 are
effective August 1, 1998, and apply to crimes committed on or
after that date. Sections 12 and 13 are effective July 1, 1998,
and apply to persons sentenced or released from prison on or
after that date.
ARTICLE 4
CONTROLLED SUBSTANCES
Section 1. Minnesota Statutes 1996, section 152.021, as
amended by Laws 1997, chapter 239, article 4, sections 5 and 6,
is amended to read:
152.021 [CONTROLLED SUBSTANCE CRIME IN THE FIRST DEGREE.]
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, or
methamphetamine;
(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, or methamphetamine;
(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, a public
housing zone, or a drug treatment facility.
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, or methamphetamine;
(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, or methamphetamine;
(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.
Subd. 2a. [MANUFACTURE CRIMES.] Notwithstanding
subdivision 1, sections 152.022, subdivision 1, 152.023,
subdivision 1, and 152.024, subdivision 1, a person is guilty of
controlled substance crime in the first degree if the person
manufactures any amount of methamphetamine.
Subd. 3. [PENALTY.] (a) A person convicted under
subdivision 1 or 2 subdivisions 1 to 2a may be sentenced to
imprisonment for not more than 30 years or to payment of a fine
of not more than $1,000,000, or both.
(b) If the conviction is a subsequent controlled substance
conviction, a person convicted under subdivision 1 or 2
subdivisions 1 to 2a shall be committed to the commissioner of
corrections for not less than four years nor more than 40 years
and, in addition, may be sentenced to payment of a fine of not
more than $1,000,000.
(c) In a prosecution under subdivision 1 involving sales by
the same person in two or more counties within a 90-day period,
the person may be prosecuted for all of the sales in any county
in which one of the sales occurred.
Sec. 2. Minnesota Statutes 1996, section 152.022, as
amended by Laws 1997, chapter 239, article 4, sections 7 and 8,
is amended to read:
152.022 [CONTROLLED SUBSTANCE CRIME IN THE SECOND DEGREE.]
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, or
methamphetamine;
(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, or methamphetamine;
(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, 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.
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, or methamphetamine;
(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, or methamphetamine;
(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.
Subd. 3. [PENALTY.] (a) A person convicted under
subdivision 1 or 2 may be sentenced to imprisonment for not more
than 25 years or to payment of a fine of not more than $500,000,
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
three years nor more than 40 years and, in addition, may be
sentenced to payment of a fine of not more than $500,000.
(c) In a prosecution under subdivision 1 involving sales by
the same person in two or more counties within a 90-day period,
the person may be prosecuted for all of the sales in any county
in which one of the sales occurred.
Sec. 3. Minnesota Statutes 1997 Supplement, 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, or
methamphetamine;
(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, or methamphetamine;
(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, 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, a public housing zone, or a drug treatment facility.
Sec. 4. Minnesota Statutes 1996, section 152.0261, is
amended by adding a subdivision to read:
Subd. 1a. [USE OF PERSON UNDER 18 TO IMPORT.] A person who
conspires with or employs a person under the age of 18 to cross
a state or international border into Minnesota while that person
or the person under the age of 18 is in possession of an amount
of a controlled substance that constitutes a controlled
substance crime under sections 152.021 to 152.025, with the
intent to obstruct the criminal justice process, is guilty of
importing controlled substances and may be sentenced as provided
in subdivision 3.
Sec. 5. Minnesota Statutes 1996, section 152.0261,
subdivision 2, is amended to read:
Subd. 2. [JURISDICTION.] A violation of subdivision 1 this
section may be charged, indicted, and tried in any county, but
not more than one county, into or through which the actor has
brought the controlled substance.
Sec. 6. [152.135] [RESTRICTIONS ON SALES, MARKETING, AND
POSSESSION OF EPHEDRINE.]
Subdivision 1. [PRESCRIPTION STATUS FOR EPHEDRINE.] Except
as provided in this section, a material, compound, mixture, or
preparation that contains any quantity of ephedrine, a salt of
ephedrine, an optical isomer of ephedrine, or a salt of an
optical isomer of ephedrine, may be dispensed only upon the
prescription of a duly licensed practitioner authorized by the
laws of the state to prescribe prescription drugs.
Subd. 2. [EXCEPTIONS.] (a) A drug product containing
ephedrine, its salts, optical isomers, and salts of optical
isomers is exempt from subdivision 1 if the drug product:
(1) may be lawfully sold over the counter without a
prescription under the federal Food, Drug, and Cosmetic Act,
United States Code, title 21, section 321, et seq.;
(2) is labeled and marketed in a manner consistent with the
pertinent OTC Tentative Final or Final Monograph;
(3) is manufactured and distributed for legitimate
medicinal use in a manner that reduces or eliminates the
likelihood of abuse;
(4) is not marketed, advertised, or labeled for the
indication of stimulation, mental alertness, weight loss, muscle
enhancement, appetite control, or energy; and
(5) is in solid oral dosage forms, including soft gelatin
caplets, that combine 400 milligrams of guaifenesin and 25
milligrams of ephedrine per dose, according to label
instructions; or is an anorectal preparation containing not more
than five percent ephedrine.
(b) Subdivisions 1 and 3 shall not apply to products
containing ephedra or ma huang and lawfully marketed as dietary
supplements under federal law.
Subd. 3. [MISMARKETING OF EPHEDRINE PROHIBITED.] The
marketing, advertising, or labeling of a product containing
ephedrine, a salt of ephedrine, an optical isomer of ephedrine,
or a salt of an optical isomer of ephedrine for the indication
of stimulation, mental alertness, weight loss, appetite control,
or energy, is prohibited. In determining compliance with this
subdivision, the following factors may be considered:
(1) the packaging of the drug product;
(2) the name and labeling of the product;
(3) the manner of distribution, advertising, and promotion
of the product;
(4) verbal representations made concerning the product; and
(5) the duration, scope, and significance of abuse or
misuse of the product.
Subd. 4. [POSSESSION FOR ILLICIT PURPOSES PROHIBITED.] It
is unlawful for a person to possess ephedrine, pseudoephedrine,
or phenylpropanolamine or their salts, optical isomers, or salts
of optical isomers with the intent to use the product as a
precursor to an illegal substance.
Subd. 5. [SALES FOR ILLICIT PURPOSES PROHIBITED.] It is
unlawful for a person to sell, distribute, or otherwise make
available a product containing ephedrine, pseudoephedrine, or
phenylpropanolamine or their salts, optical isomers, or salts of
optical isomers if the person knows or reasonably should know
that the product will be used as a precursor to an illegal
substance.
Subd. 6. [PENALTY.] A person who violates this section is
guilty of a misdemeanor.
Sec. 7. Laws 1997, chapter 239, article 4, section 15, is
amended to read:
Sec. 15. [EFFECTIVE DATE.]
The provision of section 4 relating to the listing of
Butorphanol in schedule IV is effective August 1, 1998, and
applies to acts committed on or after that date. The provision
of section 4 relating to the listing of Carisoprodol in schedule
IV is effective August 1, 1999, 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.
Sec. 8. [EFFECTIVE DATE.]
Sections 1 to 3 are effective January 1, 1999, and apply to
crimes committed on or after that date. Sections 4 to 7 are
effective August 1, 1998, and apply to crimes committed on or
after that date.
ARTICLE 5
DOMESTIC ABUSE
Section 1. Minnesota Statutes 1996, section 518B.01,
subdivision 3a, is amended to read:
Subd. 3a. [FILING FEE.] The filing fees for an order for
protection under this section are waived for the petitioner. The
court administrator and, the sheriff of any county in this
state, and other law enforcement and corrections officers shall
perform their duties relating to service of process without
charge to the petitioner. The court shall direct payment of the
reasonable costs of service of process if served by a private
process server when the sheriff or other law enforcement or
corrections officer is unavailable or if service is made by
publication, without requiring the petitioner to make
application under section 563.01. The court may direct a
respondent to pay to the court administrator the petitioner's
filing fees and reasonable costs of service of process if the
court determines that the respondent has the ability to pay the
petitioner's fees and costs.
Sec. 2. Minnesota Statutes 1996, section 518B.01,
subdivision 5, is amended to read:
Subd. 5. [HEARING ON APPLICATION; NOTICE.] (a) Upon
receipt of the petition, the court shall order a hearing which
shall be held not later than 14 days from the date of the
order. If an ex parte order has been issued under subdivision 7
and a hearing requested, the time periods under subdivision 7
for holding a hearing apply. Personal service shall be made
upon the respondent not less than five days prior to the
hearing, if the hearing was requested by the petitioner. If the
hearing was requested by the respondent after issuance of an ex
parte order under subdivision 7, service of the notice of
hearing must be made upon the petitioner not less than five days
prior to the hearing. The court shall serve the notice of
hearing upon the petitioner by mail in the manner provided in
the rules of civil procedure for pleadings subsequent to a
complaint and motions and shall also mail notice of the date and
time of the hearing to the respondent. In the event that
service cannot be completed in time to give the respondent or
petitioner the minimum notice required under this paragraph, the
court may set a new hearing date.
(b) Notwithstanding the provisions of paragraph (a),
service on the respondent may be made by one week published
notice, as provided under section 645.11, provided the
petitioner files with the court an affidavit stating that an
attempt at personal service made by a sheriff or other law
enforcement or corrections officer was unsuccessful because the
respondent is avoiding service by concealment or otherwise, and
that a copy of the petition and notice of hearing has been
mailed to the respondent at the respondent's residence or that
the residence is not known to the petitioner. Service under
this paragraph is complete seven days after publication. The
court shall set a new hearing date if necessary to allow the
respondent the five-day minimum notice required under paragraph
(a).
Sec. 3. Minnesota Statutes 1996, section 518B.01,
subdivision 6, is amended to read:
Subd. 6. [RELIEF BY THE COURT.] (a) Upon notice and
hearing, the court may provide relief as follows:
(1) restrain the abusing party from committing acts of
domestic abuse;
(2) exclude the abusing party from the dwelling which the
parties share or from the residence of the petitioner;
(3) exclude the abusing party from a reasonable area
surrounding the dwelling or residence, which area shall be
described specifically in the order;
(4) award temporary custody or establish temporary
visitation with regard to minor children of the parties on a
basis which gives primary consideration to the safety of the
victim and the children. Except for cases in which custody is
contested, findings under section 257.025, 518.17, or 518.175
are not required. If the court finds that the safety of the
victim or the children will be jeopardized by unsupervised or
unrestricted visitation, the court shall condition or restrict
visitation as to time, place, duration, or supervision, or deny
visitation entirely, as needed to guard the safety of the victim
and the children. The court's decision on custody and
visitation shall in no way delay the issuance of an order for
protection granting other reliefs provided for in this section;
(5) on the same basis as is provided in chapter 518,
establish temporary support for minor children or a spouse, and
order the withholding of support from the income of the person
obligated to pay the support according to chapter 518;
(6) provide upon request of the petitioner counseling or
other social services for the parties, if married, or if there
are minor children;
(7) order the abusing party to participate in treatment or
counseling services;
(8) award temporary use and possession of property and
restrain one or both parties from transferring, encumbering,
concealing, or disposing of property except in the usual course
of business or for the necessities of life, and to account to
the court for all such transfers, encumbrances, dispositions,
and expenditures made after the order is served or communicated
to the party restrained in open court;
(9) 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;
(10) order the abusing party to pay restitution to the
petitioner;
(11) order the continuance of all currently available
insurance coverage without change in coverage or beneficiary
designation; and
(12) order, in its discretion, other relief as it deems
necessary for the protection of a family or household member,
including orders or directives to the sheriff or, constable, or
other law enforcement or corrections officer as provided by this
section.
(b) Any relief granted by the order for protection shall be
for a fixed period not to exceed one year, except when the court
determines a longer fixed period is appropriate. When 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 shall not be waived. If the proceedings are
consolidated and the motion to modify is granted, a separate
order for modification of an order for protection shall be
issued.
(d) An order granting the relief authorized in paragraph
(a), clause (2), is not voided by the admittance of the abusing
party into the dwelling from which the abusing party is excluded.
(e) If a proceeding for dissolution of marriage or legal
separation is pending between the parties, the court shall
provide a copy of the order for protection to the court with
jurisdiction over the dissolution or separation proceeding for
inclusion in its file.
(f) An order for restitution issued under this subdivision
is enforceable as civil judgment.
Sec. 4. Minnesota Statutes 1996, section 518B.01, is
amended by adding a subdivision to read:
Subd. 9a. [SERVICE BY OTHERS.] Peace officers licensed by
the state of Minnesota and corrections officers, including, but
not limited to, probation officers, court services officers,
parole officers, and employees of jails or correctional
facilities, may serve an order for protection.
Sec. 5. Minnesota Statutes 1997 Supplement, section
518B.01, subdivision 14, is amended to read:
Subd. 14. [VIOLATION OF AN ORDER FOR PROTECTION.] (a) A
person who violates an order for protection issued under this
section by a judge or referee is subject to the penalties
provided in paragraphs (b) to (d).
(b) Except as otherwise provided in paragraphs (c) and (d),
whenever an order for protection is granted pursuant to this
section by a judge or referee or pursuant to a similar law of
another state, the District of Columbia, tribal lands, or United
States territories, and the respondent or person to be
restrained knows of the order, violation of the order for
protection is a misdemeanor. Upon a misdemeanor conviction
under this paragraph, 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 violation of an order for
protection shall also constitute contempt of court and be
subject to the penalties provided in chapter 588.
(c) A person is guilty of a gross misdemeanor who knowingly
violates this subdivision during the time period between a
previous conviction under this subdivision; 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, the
District of Columbia, tribal lands, or United States
territories; and the end of the five years following discharge
from sentence for that conviction. Upon a gross misdemeanor
conviction under this paragraph, 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.
(d) A person is guilty of a felony and may be sentenced to
imprisonment for not more than five years or to payment of a
fine of not more than $10,000, or both, if the person knowingly
violates this subdivision:
(1) during the time period between the first of two or more
previous convictions under this section or 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, the
District of Columbia, tribal lands, or United States
territories; and the end of the five years following discharge
from sentence for that conviction; or
(2) while possessing a dangerous weapon, as defined in
section 609.02, subdivision 6.
Upon a felony conviction under this paragraph in which the court
stays imposition or execution of sentence, the court shall
impose at least a 30-day period of incarceration as a condition
of probation. The court also shall order that the defendant
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 felony convictions.
(e) 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, the District of
Columbia, tribal lands, or United States territories 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.
(f) 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.
(g) 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 District of Columbia, tribal lands, or United
States territories, 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 (b), (c), or
(d).
(h) If it is alleged that the respondent has violated an
order for protection issued under subdivision 6 or a similar law
of another state, the District of Columbia, tribal lands, or
United States territories, 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.
(i) 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 (e).
(j) When a person is convicted under paragraph (b) or (c)
of violating an order for protection 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.
(k) Except as otherwise provided in paragraph (j), when a
person is convicted under paragraph (b) or (c) of violating an
order for protection, 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.
(l) Except as otherwise provided in paragraph (j), a person
is not entitled to possess a pistol if the person has been
convicted under paragraph (b) or (c) after August 1, 1996, of
violating an order for protection, 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.
(m) If the court determines that a person convicted under
paragraph (b) or (c) of violating an order for protection 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. 6. Minnesota Statutes 1997 Supplement, section
609.2244, subdivision 1, is amended to read:
Subdivision 1. [INVESTIGATION.] A presentence domestic
abuse investigation must be conducted and a report submitted to
the court by the corrections agency responsible for 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; or
(3) a defendant is convicted of a violation against a
family or household member of: (a) an order for protection
under section 518B.01; (b) a harassment restraining order under
section 609.748; (c) section 609.79, subdivision 1; or (d)
section 609.713, subdivision 1.
Sec. 7. Minnesota Statutes 1997 Supplement, section
609.2244, subdivision 4, is amended to read:
Subd. 4. [DOMESTIC ABUSE INVESTIGATION FEE.] When the
court sentences a person convicted of an offense described in
section 518B.01, subdivision 2 1, the court shall impose a
domestic abuse 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 investigation.
Sec. 8. Minnesota Statutes 1996, section 609.748,
subdivision 3, is amended to read:
Subd. 3. [CONTENTS OF PETITION; HEARING; NOTICE.] (a) A
petition for relief must allege facts sufficient to show the
following:
(1) the name of the alleged harassment victim;
(2) the name of the respondent; and
(3) that the respondent has engaged in harassment.
The petition shall be accompanied by an affidavit made under
oath stating the specific facts and circumstances from which
relief is sought. The court shall provide simplified forms and
clerical assistance to help with the writing and filing of a
petition under this section and shall advise the petitioner of
the right to sue in forma pauperis under section 563.01. Upon
receipt of the petition, the court shall order a hearing, which
must be held not later than 14 days from the date of the order.
Personal service must be made upon the respondent not less than
five days before the hearing. If personal service cannot be
completed in time to give the respondent the minimum notice
required under this paragraph, the court may set a new hearing
date.
(b) Notwithstanding paragraph (a), the order for a hearing
and a temporary order issued under subdivision 4 may be served
on the respondent by means of a one-week published notice under
section 645.11, if:
(1) the petitioner files an affidavit with the court
stating that an attempt at personal service made by a sheriff
was unsuccessful because the respondent is avoiding service by
concealment or otherwise; and
(2) a copy of the petition and order for hearing and any
temporary restraining order has been mailed to the respondent at
the respondent's residence or place of business, if the
respondent is an organization, or the respondent's residence or
place of business is not known to the petitioner.
(c) Regardless of the method of service, if the respondent
is a juvenile, whenever possible, the court also 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 juvenile respondent who is not the
petitioner.
Sec. 9. Minnesota Statutes 1996, section 609.748,
subdivision 4, is amended to read:
Subd. 4. [TEMPORARY RESTRAINING ORDER.] (a) The court may
issue a temporary restraining order ordering the respondent to
cease or avoid the harassment of another person or to have no
contact with that person if the petitioner files a petition in
compliance with subdivision 3 and if the court finds reasonable
grounds to believe that the respondent has engaged in harassment.
(b) Notice need not be given to the respondent before the
court issues a temporary restraining order under this
subdivision. A copy of the restraining order must be served on
the respondent along with the order for hearing and petition, as
provided in subdivision 3. If the respondent is a juvenile,
whenever possible, a copy of the restraining order, along with
notice of the pendency of the case and the time and place of the
hearing, shall also be served by mail at the last known address
upon any parent or guardian of the juvenile respondent who is
not the petitioner. A temporary restraining order may be
entered only against the respondent named in the petition.
(c) The temporary restraining order is in effect until a
hearing is held on the issuance of a restraining order under
subdivision 5. The court shall hold the hearing on the issuance
of a restraining order within 14 days after the temporary
restraining order is issued unless (1) the time period is
extended upon written consent of the parties; or (2) the time
period is extended by the court for one additional 14-day period
upon a showing that the respondent has not been served with a
copy of the temporary restraining order despite the exercise of
due diligence or if service is made by published notice under
subdivision 3 and the petitioner files the affidavit required
under that subdivision.
Sec. 10. Minnesota Statutes 1996, section 634.20, is
amended to read:
634.20 [EVIDENCE OF PRIOR CONDUCT.]
Evidence of similar prior conduct by the accused against
the victim of domestic abuse, as defined under section 518B.01,
subdivision 2, including evidence of a violation against a
family or household member of:
(1) an order for protection under section 518B.01;
(2) section 609.713, subdivision 1;
(3) a harassment restraining order under section 609.748;
or
(4) section 609.79, subdivision 1;
is admissible unless the probative value is substantially
outweighed by the danger of unfair prejudice, confusion of the
issue, or misleading the jury, or by considerations of undue
delay, waste of time, or needless presentation of cumulative
evidence.
Sec. 11. Laws 1997, chapter 239, article 10, section 1, is
amended to read:
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 2000. 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. 12. Laws 1997, chapter 239, article 10, section 19,
is amended to read:
Sec. 19. [VIOLATION OF AN ORDER FOR PROTECTION/MINOR
RESPONDENT; PENALTIES.]
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. 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/minor respondent to the county attorney for
possible prosecution under subdivision 1a, paragraph (b), (c),
or (d), or if the respondent is an adult at the time of the
alleged violation, to the appropriate prosecuting authority for
possible prosecution under Minnesota Statutes, chapter 518B.
Subd. 1a. [PENALTIES.] (a) A person who violates an order
for protection/minor respondent issued under this section is
subject to the penalties provided in paragraphs (b) to (d),
except that if the respondent or person to be restrained is over
the age of 18 at the time of the violation, Minnesota Statutes,
section 518B.01, subdivision 14, shall apply. If the respondent
is still a minor at the time of the violation, the laws relating
to delinquency prosecution and disposition in juvenile court
shall apply, consistent with this section and notwithstanding
the provisions of Minnesota Statutes, section 260.015,
subdivision 21.
(b) Except as otherwise provided in paragraphs (c) and (d),
whenever an order for protection/minor respondent is granted
under 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/minor respondent is a
misdemeanor. Upon a misdemeanor adjudication of delinquency,
the respondent must be ordered to participate in counseling or
other appropriate programs selected by the court. A violation
of an order for protection/minor respondent shall also
constitute contempt of court and be subject to the penalties
provided in Minnesota Statutes, chapter 588.
(c) A person is guilty of a gross misdemeanor who knowingly
violates this subdivision during the time period between a
previous adjudication of delinquency under this subdivision;
Minnesota Statutes, 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 adjudication of
delinquency. Upon a gross misdemeanor adjudication of
delinquency under this paragraph, the respondent must be ordered
to participate in counseling or other appropriate programs
selected by the court.
(d) A person is guilty of a felony if the person knowingly
violates this subdivision:
(1) during the time period between the first of two or more
previous adjudications of delinquency under this section or
Minnesota Statutes, 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 adjudication of
delinquency; or
(2) while possessing a dangerous weapon, as defined in
Minnesota Statutes, section 609.02, subdivision 6.
Upon a felony adjudication of delinquency under this paragraph,
the court shall order, at a minimum, that the respondent
participate in counseling or other appropriate programs selected
by the court.
(e) 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 under this section,
Minnesota Statutes, chapter 518B, 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. A peace officer is not liable under Minnesota
Statutes, section 609.43, clause (1), for a failure to perform a
duty required by this paragraph.
(f) If the court finds that the respondent has violated an
order for protection/minor respondent 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.
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.
Subd. 4. [POSSESSION OF FIREARM.] (a) When a person is
adjudicated delinquent under subdivision 1a, paragraph (b), (c),
or (d), of violating an order for protection/minor respondent
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 adjudication of
delinquency, the court shall inform the respondent whether and
for how long the respondent 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 respondent does not affect the applicability of the firearm
possession prohibition or the gross misdemeanor penalty to that
respondent.
(b) Except as otherwise provided in paragraph (a), when a
person is adjudicated delinquent under subdivision 1a, paragraph
(b), (c), or (d), of violating an order for protection/minor
respondent, the court shall inform the respondent that the
respondent is prohibited from possessing a pistol for three
years from the date of adjudication of delinquency and that it
is a gross misdemeanor offense to violate this prohibition. The
failure of the court to provide this information to a respondent
does not affect the applicability of the pistol possession
prohibition or the gross misdemeanor penalty to that respondent.
(c) Except as otherwise provided in paragraph (a), a person
is not entitled to possess a pistol if the person has been
adjudicated delinquent under subdivision 1a, paragraph (b), (c),
or (d), of violating an order for protection/minor respondent,
unless three years have elapsed from the date of adjudication of
delinquency and, during that time, the person has not been
adjudicated delinquent or convicted of any other violation of
this section or Minnesota Statutes, chapter 518B. Property
rights may not be abated but access may be restricted by the
courts. A person who possesses a pistol in violation of this
paragraph is guilty of a gross misdemeanor.
(d) If the court determines that a person adjudicated
delinquent under subdivision 1a, paragraph (b), (c), or (d), of
violating an order for protection/minor respondent 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 Minnesota Statutes, section 609.5316,
subdivision 3.
Sec. 13. [EFFECTIVE DATE.]
Sections 8, 9, 11, and 12 are effective June 1, 1998, and
apply to offenses committed on or after that date. The
remaining sections in this article are effective August 1, 1998,
and apply to offenses committed on or after that date.
ARTICLE 6
SENTENCING PROVISIONS
Section 1. Minnesota Statutes 1996, section 609.095, is
amended to read:
609.095 [LIMITS OF SENTENCES.]
(a) The legislature has the exclusive authority to define
crimes and offenses and the range of the sentences or
punishments for their violation. No other or different sentence
or punishment shall be imposed for the commission of a crime
than is authorized by this chapter or other applicable law.
(b) Except as provided in section 152.18 or upon agreement
of the parties, a court may not refuse to adjudicate the guilt
of a defendant who tenders a guilty plea in accordance with
Minnesota Rules of Criminal Procedure, rule 15, or who has been
found guilty by a court or jury following a trial.
(c) Paragraph (b) does not supersede Minnesota Rules of
Criminal Procedure, rule 26.04.
Sec. 2. [LEGISLATIVE PURPOSE.]
Sections 3 to 7 recodify and clarify current laws relating
to increased sentences for certain dangerous or repeat offenders
in order to group them together near the beginning of the
criminal code. This recodification aims to unify these various
increased sentence provisions to facilitate their use and is not
intended to result in any substantive change in the recodified
sections.
Sec. 3. [609.106] [HEINOUS CRIMES.]
Subdivision 1. [TERMS.] (a) As used in this section,
"heinous crime" means:
(1) a violation or attempted violation of section 609.185
or 609.19;
(2) a violation of section 609.195 or 609.221; or
(3) a violation of section 609.342, 609.343, or 609.344, if
the offense was committed with force or violence.
(b) "Previous conviction" means a conviction in Minnesota
for a heinous crime or a conviction elsewhere for conduct that
would have been a heinous crime under this chapter if committed
in Minnesota. The term includes any conviction that occurred
before the commission of the present offense of conviction, but
does not include a conviction if 15 years have elapsed since the
person was discharged from the sentence imposed for the offense.
Subd. 2. [LIFE WITHOUT RELEASE.] The court shall sentence
a person to life imprisonment without possibility of release
under the following circumstances:
(1) the person is convicted of first degree murder under
section 609.185, clause (2) or (4); or
(2) the person is convicted of first degree murder under
section 609.185, clause (1), (3), (5), or (6), and the court
determines on the record at the time of sentencing that the
person has one or more previous convictions for a heinous crime.
Sec. 4. [609.107] [MANDATORY PENALTY FOR CERTAIN
MURDERERS.]
When a person is convicted of violating section 609.19 or
609.195, the court shall sentence the person to the statutory
maximum sentence for the offense if the person was previously
convicted of a heinous crime as defined in section 609.106 and
15 years have not elapsed since the person was discharged from
the sentence imposed for that conviction. The court may not
stay the imposition or execution of the sentence,
notwithstanding section 609.135.
Sec. 5. [609.108] [MANDATORY INCREASED SENTENCES FOR
CERTAIN PATTERNED AND PREDATORY SEX OFFENDERS; NO PRIOR
CONVICTION REQUIRED.]
Subdivision 1. [MANDATORY INCREASED SENTENCE.] (a) A court
shall commit a person to the commissioner of corrections for a
period of time that is not less than double the presumptive
sentence under the sentencing guidelines and not more than the
statutory maximum, or if the statutory maximum is less than
double the presumptive sentence, for a period of time that is
equal to the statutory maximum, if:
(1) the court is imposing an executed sentence, based on a
sentencing guidelines presumptive imprisonment sentence or a
dispositional departure for aggravating circumstances or a
mandatory minimum sentence, on a person convicted of committing
or attempting to commit a violation of section 609.342, 609.343,
609.344, or 609.345, or on a person convicted of committing or
attempting to commit any other crime listed in subdivision 3 if
it reasonably appears to the court that the crime was motivated
by the offender's sexual impulses or was part of a predatory
pattern of behavior that had criminal sexual conduct as its
goal;
(2) the court finds that the offender is a danger to public
safety; and
(3) the court finds that the offender needs long-term
treatment or supervision beyond the presumptive term of
imprisonment and supervised release. The finding must be based
on a professional assessment by an examiner experienced in
evaluating sex offenders that concludes that the offender is a
patterned sex offender. The assessment must contain the facts
upon which the conclusion is based, with reference to the
offense history of the offender or the severity of the current
offense, the social history of the offender, and the results of
an examination of the offender's mental status unless the
offender refuses to be examined. The conclusion may not be
based on testing alone. A patterned sex offender is one whose
criminal sexual behavior is so engrained that the risk of
reoffending is great without intensive psychotherapeutic
intervention or other long-term controls.
(b) The court shall consider imposing a sentence under this
section whenever a person is convicted of violating section
609.342 or 609.343.
Subd. 2. [INCREASED STATUTORY MAXIMUM.] If the factfinder
determines, at the time of the trial or the guilty plea, that a
predatory offense was motivated by, committed in the course of,
or committed in furtherance of sexual contact or penetration, as
defined in section 609.341, and the court is imposing a sentence
under subdivision 1, the statutory maximum imprisonment penalty
for the offense is 40 years, notwithstanding the statutory
maximum imprisonment penalty otherwise provided for the offense.
Subd. 3. [PREDATORY CRIME.] A predatory crime is a felony
violation of section 609.185, 609.19, 609.195, 609.20, 609.205,
609.221, 609.222, 609.223, 609.24, 609.245, 609.25, 609.255,
609.342, 609.343, 609.344, 609.345, 609.365, 609.498, 609.561,
or 609.582, subdivision 1.
Subd. 4. [DANGER TO PUBLIC SAFETY.] The court shall base
its finding that the offender is a danger to public safety on
any of the following factors:
(1) the crime involved an aggravating factor that would
justify a durational departure from the presumptive sentence
under the sentencing guidelines;
(2) the offender previously committed or attempted to
commit a predatory crime or a violation of section 609.224 or
609.2242, including:
(i) an offense committed as a juvenile that would have been
a predatory crime or a violation of section 609.224 or 609.2242
if committed by an adult; or
(ii) a violation or attempted violation of a similar law of
any other state or the United States; or
(3) the offender planned or prepared for the crime prior to
its commission.
Subd. 5. [DEPARTURE FROM GUIDELINES.] A sentence imposed
under subdivision 1 is a departure from the sentencing
guidelines.
Subd. 6. [CONDITIONAL RELEASE.] At the time of sentencing
under subdivision 1, the court shall provide that after the
offender has completed the sentence imposed, less any good time
earned by an offender whose crime was committed before August 1,
1993, the commissioner of corrections shall place the offender
on conditional release for the remainder of the statutory
maximum period, or for ten years, whichever is longer.
The conditions of release may include successful completion
of treatment and aftercare in a program approved by the
commissioner, satisfaction of the release conditions specified
in section 244.05, subdivision 6, and any other conditions the
commissioner considers appropriate. Before the offender is
released, the commissioner shall notify the sentencing court,
the prosecutor in the jurisdiction where the offender was
sentenced, and the victim of the offender's crime, where
available, of the terms of the offender's conditional release.
If the offender fails to meet any condition of release, the
commissioner may revoke the offender's conditional release and
order that the offender serve all or a part of the remaining
portion of the conditional release term in prison. The
commissioner shall not dismiss the offender from supervision
before the conditional release term expires.
Conditional release granted under this subdivision is
governed by provisions relating to supervised release, except as
otherwise provided in this subdivision, section 244.04,
subdivision 1, or 244.05.
Subd. 7. [COMMISSIONER OF CORRECTIONS.] The commissioner
shall pay the cost of treatment of a person released under
subdivision 6. This section does not require the commissioner
to accept or retain an offender in a treatment program.
Sec. 6. [609.109] [PRESUMPTIVE AND MANDATORY SENTENCES FOR
REPEAT SEX OFFENDERS.]
Subdivision 1. [DEFINITION; CONVICTION OF OFFENSE.] For
purposes of this section, "offense" means a completed offense or
an attempt to commit an offense.
Subd. 2. [PRESUMPTIVE EXECUTED SENTENCE.] Except as
provided in subdivision 3 or 4, if a person is convicted under
sections 609.342 to 609.345, within 15 years of a previous sex
offense conviction, the court shall commit the defendant to the
commissioner of corrections for not less than three years, nor
more than the maximum sentence provided by law for the offense
for which convicted, notwithstanding the provisions of sections
242.19, 243.05, 609.11, 609.12, and 609.135. The court may stay
the execution of the sentence imposed under this subdivision
only if it finds that a professional assessment indicates the
offender is accepted by and can respond to treatment at a
long-term inpatient program exclusively treating sex offenders
and approved by the commissioner of corrections. If the court
stays the execution of a sentence, it shall include the
following as conditions of probation:
(1) incarceration in a local jail or workhouse; and
(2) a requirement that the offender successfully complete
the treatment program and aftercare as directed by the court.
Subd. 3. [MANDATORY LIFE SENTENCE.] (a) The court shall
sentence a person to imprisonment for life, notwithstanding the
statutory maximum sentence under section 609.342, if:
(1) the person has been indicted by a grand jury under this
subdivision;
(2) the person is convicted under section 609.342; and
(3) the court determines on the record at the time of
sentencing that any of the following circumstances exists:
(i) the person has previously been sentenced under section
609.1095;
(ii) the person has one previous sex offense conviction for
a violation of section 609.342, 609.343, or 609.344 that
occurred before August 1, 1989, for which the person was
sentenced to prison in an upward durational departure from the
sentencing guidelines that resulted in a sentence at least twice
as long as the presumptive sentence; or
(iii) the person has two previous sex offense convictions
under section 609.342, 609.343, or 609.344.
(b) Notwithstanding subdivision 2 and section 609.342,
subdivision 3, the court may not stay imposition of the sentence
required by this subdivision.
Subd. 4. [MANDATORY 30-YEAR SENTENCE.] (a) The court shall
commit a person to the commissioner of corrections for not less
than 30 years, notwithstanding the statutory maximum sentence
under section 609.343, if:
(1) the person is convicted under section 609.342,
subdivision 1, clause (c), (d), (e), or (f); or 609.343,
subdivision 1, clause (c), (d), (e), or (f); and
(2) the court determines on the record at the time of
sentencing that:
(i) the crime involved an aggravating factor that would
provide grounds for an upward departure under the sentencing
guidelines other than the aggravating factor applicable to
repeat criminal sexual conduct convictions; and
(ii) the person has a previous sex offense conviction under
section 609.342, 609.343, or 609.344.
(b) Notwithstanding subdivision 2 and sections 609.342,
subdivision 3; and 609.343, subdivision 3, the court may not
stay imposition or execution of the sentence required by this
subdivision.
Subd. 5. [PREVIOUS SEX OFFENSE CONVICTIONS.] For the
purposes of this section, a conviction is considered a previous
sex offense conviction if the person was convicted of a sex
offense before the commission of the present offense of
conviction. A person has two previous sex offense convictions
only if the person was convicted and sentenced for a sex offense
committed after the person was earlier convicted and sentenced
for a sex offense, both convictions preceded the commission of
the present offense of conviction, and 15 years have not elapsed
since the person was discharged from the sentence imposed for
the second conviction. A "sex offense" is a violation of
sections 609.342 to 609.345 or any similar statute of the United
States, this state, or any other state.
Subd. 6. [MINIMUM DEPARTURE FOR SEX OFFENDERS.] The court
shall sentence a person to at least twice the presumptive
sentence recommended by the sentencing guidelines if:
(1) the person is convicted under section 609.342,
subdivision 1, clause (c), (d), (e), or (f); 609.343,
subdivision 1, clause (c), (d), (e), or (f); or 609.344,
subdivision 1, clause (c) or (d); and
(2) the court determines on the record at the time of
sentencing that the crime involved an aggravating factor that
would provide grounds for an upward departure under the
sentencing guidelines.
Subd. 7. [CONDITIONAL RELEASE OF SEX OFFENDERS.] (a)
Notwithstanding the statutory maximum sentence otherwise
applicable to the offense or any provision of the sentencing
guidelines, when a court sentences a person to prison for a
violation of section 609.342, 609.343, 609.344, or 609.345, the
court shall provide that after the person has completed the
sentence imposed, the commissioner of corrections shall place
the person on conditional release. If the person was convicted
for a violation of section 609.342, 609.343, 609.344, or
609.345, the person shall be placed on conditional release for
five years, minus the time the person served on supervised
release. If the person was convicted for a violation of one of
those sections a second or subsequent time, or sentenced under
subdivision 6 to a mandatory departure, the person shall be
placed on conditional release for ten years, minus the time the
person served on supervised release.
(b) The conditions of release may include successful
completion of treatment and aftercare in a program approved by
the commissioner, satisfaction of the release conditions
specified in section 244.05, subdivision 6, and any other
conditions the commissioner considers appropriate. If the
offender fails to meet any condition of release, the
commissioner may revoke the offender's conditional release and
order that the offender serve the remaining portion of the
conditional release term in prison. The commissioner shall not
dismiss the offender from supervision before the conditional
release term expires.
Conditional release under this subdivision is governed by
provisions relating to supervised release, except as otherwise
provided in this subdivision, section 244.04, subdivision 1, or
244.05.
(c) The commissioner shall pay the cost of treatment of a
person released under this subdivision. This section does not
require the commissioner to accept or retain an offender in a
treatment program.
Sec. 7. [609.1095] [INCREASED SENTENCES FOR CERTAIN
DANGEROUS AND REPEAT FELONY OFFENDERS.]
Subdivision 1. [DEFINITIONS.] (a) As used in this section,
the following terms have the meanings given.
(b) "Conviction" means any of the following accepted and
recorded by the court: a plea of guilty, a verdict of guilty by
a jury, or a finding of guilty by the court. The term includes
a conviction by any court in Minnesota or another jurisdiction.
(c) "Prior conviction" means a conviction that occurred
before the offender committed the next felony resulting in a
conviction and before the offense for which the offender is
being sentenced under this section.
(d) "Violent crime" means a violation of or an attempt or
conspiracy to violate any of the following laws of this state or
any similar laws of the United States or any other state:
section 609.165; 609.185; 609.19; 609.195; 609.20; 609.205;
609.21; 609.221; 609.222; 609.223; 609.228; 609.235; 609.24;
609.245; 609.25; 609.255; 609.2661; 609.2662; 609.2663;
609.2664; 609.2665; 609.267; 609.2671; 609.268; 609.342;
609.343; 609.344; 609.345; 609.498, subdivision 1; 609.561;
609.562; 609.582, subdivision 1; 609.66, subdivision 1e;
609.687; 609.855, subdivision 5; any provision of sections
609.229; 609.377; 609.378; 609.749; and 624.713 that is
punishable by a felony penalty; or any provision of chapter 152
that is punishable by a maximum sentence of 15 years or more.
Subd. 2. [INCREASED SENTENCES FOR DANGEROUS OFFENDER WHO
COMMITS A THIRD VIOLENT CRIME.] Whenever a person is convicted
of a violent crime that is a felony, and the judge is imposing
an executed sentence based on a sentencing guidelines
presumptive imprisonment sentence, the judge may impose an
aggravated durational departure from the presumptive
imprisonment sentence up to the statutory maximum sentence if
the offender was at least 18 years old at the time the felony
was committed, and:
(1) the court determines on the record at the time of
sentencing that the offender has two or more prior convictions
for violent crimes; and
(2) the court finds that the offender is a danger to public
safety and specifies on the record the basis for the finding,
which may include:
(i) the offender's past criminal behavior, such as the
offender's high frequency rate of criminal activity or juvenile
adjudications, or long involvement in criminal activity
including juvenile adjudications; or
(ii) the fact that the present offense of conviction
involved an aggravating factor that would justify a durational
departure under the sentencing guidelines.
Subd. 3. [MANDATORY SENTENCE FOR DANGEROUS OFFENDER WHO
COMMITS A THIRD VIOLENT FELONY.] (a) Unless a longer mandatory
minimum sentence is otherwise required by law or the court
imposes a longer aggravated durational departure under
subdivision 2, a person who is convicted of a violent crime that
is a felony must be committed to the commissioner of corrections
for a mandatory sentence of at least the length of the
presumptive sentence under the sentencing guidelines if the
court determines on the record at the time of sentencing that
the person has two or more prior felony convictions for violent
crimes. The court shall impose and execute the prison sentence
regardless of whether the guidelines presume an executed prison
sentence.
Any person convicted and sentenced as required by this
subdivision is not eligible for probation, parole, discharge, or
work release, until that person has served the full term of
imprisonment imposed by the court, notwithstanding sections
241.26, 242.19, 243.05, 244.04, 609.12, and 609.135.
(b) For purposes of this subdivision, "violent crime" does
not include a violation of section 152.023 or 152.024.
Subd. 4. [INCREASED SENTENCE FOR OFFENDER WHO COMMITS A
SIXTH FELONY.] Whenever a person is convicted of a felony, and
the judge is imposing an executed sentence based on a sentencing
guidelines presumptive imprisonment sentence, the judge may
impose an aggravated durational departure from the presumptive
sentence up to the statutory maximum sentence if the judge finds
and specifies on the record that the offender has five or more
prior felony convictions and that the present offense is a
felony that was committed as part of a pattern of criminal
conduct.
Sec. 8. Minnesota Statutes 1996, section 609.347,
subdivision 1, is amended to read:
Subdivision 1. In a prosecution under sections 609.109 or
609.342 to 609.346 609.3451, the testimony of a victim need not
be corroborated.
Sec. 9. Minnesota Statutes 1996, section 609.347,
subdivision 2, is amended to read:
Subd. 2. In a prosecution under sections 609.109 or
609.342 to 609.346 609.3451, there is no need to show that the
victim resisted the accused.
Sec. 10. Minnesota Statutes 1996, section 609.347,
subdivision 3, is amended to read:
Subd. 3. In a prosecution under sections 609.109, 609.342
to 609.346 609.3451, or 609.365, evidence of the victim's
previous sexual conduct shall not be admitted nor shall any
reference to such conduct be made in the presence of the jury,
except by court order under the procedure provided in
subdivision 4. The evidence can be admitted only if the
probative value of the evidence is not substantially outweighed
by its inflammatory or prejudicial nature and only in the
circumstances set out in paragraphs (a) and (b). For the
evidence to be admissible under paragraph (a), subsection (i),
the judge must find by a preponderance of the evidence that the
facts set out in the accused's offer of proof are true. For the
evidence to be admissible under paragraph (a), subsection (ii)
or paragraph (b), the judge must find that the evidence is
sufficient to support a finding that the facts set out in the
accused's offer of proof are true, as provided under Rule 901 of
the Rules of Evidence.
(a) When consent of the victim is a defense in the case,
the following evidence is admissible:
(i) evidence of the victim's previous sexual conduct
tending to establish a common scheme or plan of similar sexual
conduct under circumstances similar to the case at issue. In
order to find a common scheme or plan, the judge must find that
the victim made prior allegations of sexual assault which were
fabricated; and
(ii) evidence of the victim's previous sexual conduct with
the accused.
(b) When the prosecution's case includes evidence of semen,
pregnancy, or disease at the time of the incident or, in the
case of pregnancy, between the time of the incident and trial,
evidence of specific instances of the victim's previous sexual
conduct is admissible solely to show the source of the semen,
pregnancy, or disease.
Sec. 11. Minnesota Statutes 1996, section 609.347,
subdivision 5, is amended to read:
Subd. 5. In a prosecution under sections 609.109 or
609.342 to 609.346 609.3451, the court shall not instruct the
jury to the effect that:
(a) It may be inferred that a victim who has previously
consented to sexual intercourse with persons other than the
accused would be therefore more likely to consent to sexual
intercourse again; or
(b) The victim's previous or subsequent sexual conduct in
and of itself may be considered in determining the credibility
of the victim; or
(c) Criminal sexual conduct is a crime easily charged by a
victim but very difficult to disprove by an accused because of
the heinous nature of the crime; or
(d) The jury should scrutinize the testimony of the victim
any more closely than it should scrutinize the testimony of any
witness in any felony prosecution.
Sec. 12. Minnesota Statutes 1996, section 609.347,
subdivision 6, is amended to read:
Subd. 6. (a) In a prosecution under sections 609.109 or
609.342 to 609.346 609.3451 involving a psychotherapist and
patient, evidence of the patient's personal or medical history
is not admissible except when:
(1) the accused requests a hearing at least three business
days prior to trial and makes an offer of proof of the relevancy
of the history; and
(2) the court finds that the history is relevant and that
the probative value of the history outweighs its prejudicial
value.
(b) The court shall allow the admission only of specific
information or examples of conduct of the victim that are
determined by the court to be relevant. The court's order shall
detail the information or conduct that is admissible and no
other evidence of the history may be introduced.
(c) Violation of the terms of the order is grounds for
mistrial but does not prevent the retrial of the accused.
Sec. 13. Minnesota Statutes 1996, section 609.348, is
amended to read:
609.348 [MEDICAL PURPOSES; EXCLUSION.]
Sections 609.109 and 609.342 to 609.346 609.3451 do not
apply to sexual penetration or sexual contact when done for a
bona fide medical purpose.
Sec. 14. Minnesota Statutes 1996, section 631.045, is
amended to read:
631.045 [EXCLUDING SPECTATORS FROM THE COURTROOM.]
At the trial of a complaint or indictment for a violation
of sections 609.109, 609.341 to 609.346 609.3451, or 617.246,
subdivision 2, when a minor under 18 years of age is the person
upon, with, or against whom the crime is alleged to have been
committed, the judge may exclude the public from the courtroom
during the victim's testimony or during all or part of the
remainder of the trial upon a showing that closure is necessary
to protect a witness or ensure fairness in the trial. The judge
shall give the prosecutor, defendant and members of the public
the opportunity to object to the closure before a closure order.
The judge shall specify the reasons for closure in an order
closing all or part of the trial. Upon closure the judge shall
only admit persons who have a direct interest in the case.
Sec. 15. [REVISOR'S INSTRUCTION.]
In each section of Minnesota Statutes referred to in column
A, the revisor of statutes shall delete the reference in column
B and insert the reference in column C.
Column A Column B Column C
171.3215, subd. 4 609.152 609.1095
241.67, subd. 3 609.1352 609.108
243.166, subd. 1 609.1352 609.108
244.04, subd. 1 609.1352 609.108
244.04, subd. 1 609.346 609.109
244.05, subd. 1 609.1352 609.108
244.05, subd. 3 609.1352 609.108
244.05, subd. 4 609.184 609.106
244.05, subd. 4 609.346 609.109
244.05, subd. 5 609.346 609.109
244.05, subd. 6 609.1352 609.108
244.05, subd. 7 609.1352 609.108
244.08, subd. 1 609.346 609.109
244.08, subd. 2 609.346 609.109
609.1351 609.1352 609.108
609.196 609.184 609.106
609.342, subd. 2 609.346 609.109
609.342, subd. 3 609.346 609.109
609.343, subd. 2 609.346 609.109
609.345, subd. 3 609.346 609.109
609.3461, subd. 1 609.1352 609.108
609.3461, subd. 2 609.1352 609.108
609.713, subd. 1 609.152 609.1095
611A.19, subd. 1 609.152 609.1095
The revisor shall make any other cross-reference changes in
the next edition of Minnesota Statutes that are necessary to
implement the recodification of laws contained in sections 3 to
7 and 16, and if Minnesota Statutes, chapter 609, is further
amended in the 1998 legislative session, the revisor shall
codify the amendments in a manner consistent with this
recodification.
Sec. 16. [REPEALER.]
Minnesota Statutes 1996, sections 609.1352; 609.152;
609.184; 609.196; and 609.346, are repealed.
Sec. 17. [EFFECTIVE DATE.]
Sections 1 to 16 are effective August 1, 1998.
ARTICLE 7
PRETRIAL AND CONDITIONAL RELEASE PROVISIONS
Section 1. Minnesota Statutes 1996, section 243.05,
subdivision 1, is amended to read:
Subdivision 1. [CONDITIONAL RELEASE.] (a) The commissioner
of corrections may parole any person sentenced to confinement in
any state correctional facility for adults under the control of
the commissioner of corrections, provided that:
(a) (1) no inmate serving a life sentence for committing
murder before May 1, 1980, other than murder committed in
violation of clause (1) of section 609.185 who has not been
previously convicted of a felony shall be paroled without having
served 20 years, less the diminution that would have been
allowed for good conduct had the sentence been for 20 years;
(b) (2) no inmate serving a life sentence for committing
murder before May 1, 1980, who has been previously convicted of
a felony or though not previously convicted of a felony is
serving a life sentence for murder in the first degree committed
in violation of clause (1) of section 609.185 shall be paroled
without having served 25 years, less the diminution which would
have been allowed for good conduct had the sentence been for 25
years;
(c) (3) any inmate sentenced prior to September 1, 1963,
who would be eligible for parole had the inmate been sentenced
after September 1, 1963, shall be eligible for parole; and
(d) (4) any new rule or policy or change of rule or policy
adopted by the commissioner of corrections which has the effect
of postponing eligibility for parole has prospective effect only
and applies only with respect to persons committing offenses
after the effective date of the new rule or policy or change.
(b) Upon being paroled and released, an inmate is and
remains in the legal custody and under the control of the
commissioner, subject at any time to be returned to a facility
of the department of corrections established by law for the
confinement or treatment of convicted persons and the parole
rescinded by the commissioner.
(c) The written order of the commissioner of corrections,
is sufficient authority for any peace officer, state
correctional investigator, or state parole and probation agent
to retake and place in actual custody any person on parole or
supervised release, but. In addition, when it appears necessary
in order to prevent escape or enforce discipline, any state
parole and probation agent or state correctional investigator
may, without order of warrant, when it appears necessary in
order to prevent escape or enforce discipline, take and detain a
parolee or person on supervised release or work release and
bring the person to the commissioner for action.
(d) The written order of the commissioner of corrections is
sufficient authority for any peace officer, state correctional
investigator, or state parole and probation agent to retake and
place in actual custody any person on probation under the
supervision of the commissioner pursuant to section 609.135,
but. Additionally, when it appears necessary in order to
prevent escape or enforce discipline, any state parole and
probation agent or state correctional investigator may, without
an order, when it appears necessary in order to prevent escape
or enforce discipline, retake and detain a probationer and bring
the probationer before the court for further proceedings under
section 609.14.
(e) The written order of the commissioner of corrections is
sufficient authority for any peace officer, state correctional
investigator, or state parole and probation agent to detain any
person on pretrial release who absconds from pretrial release or
fails to abide by the conditions of pretrial release.
(f) Persons conditionally released, and those on probation
under the supervision of the commissioner of corrections
pursuant to section 609.135 may be placed within or outside the
boundaries of the state at the discretion of the commissioner of
corrections or the court, and the limits fixed for these persons
may be enlarged or reduced according to their conduct.
(g) Except as otherwise provided in subdivision 1b, in
considering applications for conditional release or discharge,
the commissioner is not required to hear oral argument from any
attorney or other person not connected with an adult
correctional facility of the department of corrections in favor
of or against the parole or release of any inmates, but. The
commissioner may institute inquiries by correspondence, taking
testimony, or otherwise, as to the previous history, physical or
mental condition, and character of the inmate, and, to that end
shall have, has the authority to require the attendance of the
chief executive officer of any state adult correctional facility
and the production of the records of these facilities, and to
compel the attendance of witnesses. The commissioner is
authorized to administer oaths to witnesses for these purposes.
(h) Unless the district court directs otherwise, state
parole and probation agents may require a person who is under
the supervision of the commissioner of corrections to perform
community work service for violating a condition of probation
imposed by the court. Community work service may be imposed for
the purpose of protecting the public, to aid the offender's
rehabilitation, or both. Agents may impose up to eight hours of
community work service for each violation and up to a total of
24 hours per offender per 12-month period, beginning with the
date on which community work service is first imposed. The
commissioner may authorize an additional 40 hours of community
work services, for a total of 64 hours per offender per 12-month
period, beginning with the date on which community work service
is first imposed. At the time community work service is
imposed, parole and probation agents are required to provide
written notice to the offender that states:
(1) the condition of probation that has been violated;
(2) the number of hours of community work service imposed
for the violation; and
(3) the total number of hours of community work service
imposed to date in the 12-month period.
An offender may challenge the imposition of community work
service by filing a petition in district court. An offender
must file the petition within five days of receiving written
notice that community work service is being imposed. If the
offender challenges the imposition of community work service,
the state bears the burden of showing, by a preponderance of the
evidence, that the imposition of community work service is
reasonable under the circumstances.
Community work service includes sentencing to service.
Sec. 2. Minnesota Statutes 1997 Supplement, section
244.19, is amended by adding a subdivision to read:
Subd. 3a. [INTERMEDIATE SANCTIONS.] Unless the district
court directs otherwise, county probation officers may require a
person committed to the officer's care by the court to perform
community work service for violating a condition of probation
imposed by the court. Community work service may be imposed for
the purpose of protecting the public, to aid the offender's
rehabilitation, or both. County probation officers may impose
up to eight hours of community work service for each violation
and up to a total of 24 hours per offender per 12-month period,
beginning with the date on which community work service is first
imposed. The court services director may authorize an
additional 40 hours of community work services, for a total of
64 hours per offender per 12-month period, beginning on the date
on which community work service is first imposed. At the time
community work service is imposed, county probation agents are
required to provide written notice to the offender that states:
(1) the condition of probation that has been violated;
(2) the number of hours of community work service imposed
for the violation; and
(3) the total number of hours of community work service
imposed to date in the 12-month period.
An offender may challenge the imposition of community work
service by filing a petition in district court. An offender
must file the petition within five days of receiving written
notice that community work service is being imposed. If the
offender challenges the imposition of community work service,
the state bears the burden of showing, by a preponderance of the
evidence, that the imposition of community work service is
reasonable under the circumstances.
Community work service includes sentencing to service.
Sec. 3. [244.195] [DETENTION AND RELEASE; PROBATIONERS,
CONDITIONAL RELEASEES, AND PRETRIAL RELEASEES.]
Subdivision 1. [DEFINITIONS.] (a) As used in this
subdivision, the following terms have the meanings given them.
(b) "Commissioner" means the commissioner of corrections.
(c) "Conditional release" means parole, supervised release,
conditional release as authorized by section 609.108,
subdivision 6, or 609.109, subdivision 7, work release as
authorized by sections 241.26, 244.065, and 631.425, probation,
furlough, and any other authorized temporary release from a
correctional facility.
(d) "Court services director" means the director or
designee of a county probation agency that is not organized
under chapter 401.
(e) "Detain" means to take into actual custody, including
custody within a local correctional facility.
(f) "Local correctional facility" has the meaning given in
section 241.021, subdivision 1.
(g) "Release" means to release from actual custody.
Subd. 2. [DETENTION PENDING HEARING.] When it appears
necessary to enforce discipline or to prevent a person on
conditional release from escaping or absconding from
supervision, a court services director has the authority to
issue a written order directing any peace officer in the county
or any county probation officer serving the district and
juvenile courts of the county to detain and bring the person
before the court or the commissioner, whichever is appropriate,
for disposition. This written order is sufficient authority for
the peace officer or probation officer to detain the person for
not more than 72 hours, excluding Saturdays, Sundays, and
holidays, pending a hearing before the court or the commissioner.
Subd. 3. [RELEASE BEFORE HEARING.] A court services
director has the authority to issue a written order directing a
county probation officer serving the district and juvenile
courts of the county to release a person detained under
subdivision 2 within 72 hours, excluding Saturdays, Sundays, and
holidays, without an appearance before the court or the
commissioner. This written order is sufficient authority for
the county probation officer to release the detained person.
Subd. 4. [DETENTION OF PRETRIAL RELEASEE.] A court
services director has the authority to issue a written order
directing any peace officer in the county or any probation
officer serving the district and juvenile courts of the county
to detain any person on court-ordered pretrial release who
absconds from pretrial release or fails to abide by the
conditions of pretrial release. A written order issued under
this subdivision is sufficient authority for the peace officer
or probation officer to detain the person.
Subd. 5. [DETENTION BY STATE CORRECTIONAL INVESTIGATOR, OR
BY PEACE OFFICER OR PROBATION OFFICER FROM OTHER COUNTY.] (a) A
court services director has the authority to issue a written
order directing any state correctional investigator or any peace
officer, probation officer, or county probation officer from
another county to detain a person under sentence or on probation
who:
(1) fails to report to serve a sentence at a local
correctional facility;
(2) fails to return from furlough or authorized temporary
release from a local correctional facility;
(3) escapes from a local correctional facility; or
(4) absconds from court-ordered home detention.
(b) A court services director has the authority to issue a
written order directing any state correctional investigator or
any peace officer, probation officer, or county probation
officer from another county to detain any person on
court-ordered pretrial release who absconds from pretrial
release or fails to abide by the conditions of pretrial release.
(c) A written order issued under paragraph (a) or (b) is
sufficient authority for the state correctional investigator,
peace officer, probation officer, or county probation officer to
detain the person.
Sec. 4. Minnesota Statutes 1996, section 299C.06, is
amended to read:
299C.06 [DIVISION POWERS AND DUTIES; LOCAL OFFICERS TO
COOPERATE.]
It shall be the duty of all sheriffs, chiefs of police,
city marshals, constables, prison wardens, superintendents of
insane hospitals, reformatories and correctional schools,
probation and parole officers, school attendance officers,
coroners, county attorneys, court clerks, the commissioner of
public safety, the commissioner of transportation, and the state
fire marshal to furnish to the division statistics and
information regarding the number of crimes reported and
discovered, arrests made, complaints, informations, and
indictments, filed and the disposition made of same, pleas,
convictions, acquittals, probations granted or
denied, conditional release information, receipts, transfers,
and discharges to and from prisons, reformatories, correctional
schools, and other institutions, paroles granted and revoked,
commutation of sentences and pardons granted and rescinded, and
all other data useful in determining the cause and amount of
crime in this state and to form a basis for the study of crime,
police methods, court procedure, and penal problems. Such
statistics and information shall be furnished upon the request
of the division and upon such forms as may be prescribed and
furnished by it. The division shall have the power to inspect
and prescribe the form and substance of the records kept by
those officials from which the information is so furnished.
Sec. 5. Minnesota Statutes 1996, section 299C.09, is
amended to read:
299C.09 [SYSTEM FOR IDENTIFICATION OF CRIMINALS; RECORDS
AND INDEXES.]
The bureau shall install systems for identification of
criminals, including the fingerprint system, the modus operandi
system, the conditional release data system, and such others as
the superintendent deems proper. The bureau shall keep a
complete record and index of all information received in
convenient form for consultation and comparison. The bureau
shall obtain from wherever procurable and file for record finger
and thumb prints, measurements, photographs, plates, outline
pictures, descriptions, modus operandi statements, conditional
release information, or such other information as the
superintendent considers necessary, of persons who have been or
shall hereafter be convicted of a felony, gross misdemeanor, or
an attempt to commit a felony or gross misdemeanor, within the
state, or who are known to be habitual criminals. To the extent
that the superintendent may determine it to be necessary, the
bureau shall obtain like information concerning persons
convicted of a crime under the laws of another state or
government, the central repository of this records system is the
bureau of criminal apprehension in St. Paul.
Sec. 6. [299C.147] [CONDITIONAL RELEASE DATA SYSTEM.]
Subdivision 1. [DEFINITION.] As used in this section,
"conditional release" means probation, conditional release, and
supervised release.
Subd. 2. [ESTABLISHMENT.] The bureau shall administer and
maintain a computerized data system for the purpose of assisting
criminal justice agencies in monitoring and enforcing the
conditions of conditional release imposed on criminal offenders
by a sentencing court or the commissioner of corrections. 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, and to criminal
justice agencies in other states in the conduct of their
official duties.
Subd. 3. [AUTHORITY TO ENTER OR RETRIEVE DATA.] Only
criminal justice agencies may submit data to and obtain data
from the conditional release data system. The commissioner of
corrections may require that any or all information be submitted
to the conditional release data system. A consent to the
release of data in the conditional release data system from the
individual who is the subject of the data is not effective.
Subd. 4. [PROCEDURES.] The bureau shall adopt procedures
to provide for the orderly collection, entry, retrieval, and
deletion of data contained in the conditional release data
system.
Sec. 7. Minnesota Statutes 1997 Supplement, section
401.01, subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.] (a) For the purposes of sections
401.01 to 401.16, the following terms shall have the meanings
given them:.
(b) "CCA county" means a county that participates in the
Community Corrections Act.
(c) "Commissioner" means the commissioner of corrections or
a designee;.
(c) (d) "Conditional release" means parole, supervised
release, conditional release as authorized by section 609.108,
subdivision 6, or 609.109, subdivision 7, work release as
authorized by sections 241.26 and, 244.065, and includes
631.425, probation;, furlough, and any other authorized
temporary release from a correctional facility.
(e) "County probation officer" means a probation officer
appointed under section 244.19.
(f) "Detain" means to take into actual custody, including
custody within a local correctional facility.
(d) (g) "Joint board" means the board provided in section
471.59;.
(h) "Local correctional facility" has the meaning given in
section 241.021, subdivision 1.
(e) (i) "Local correctional service" means those services
authorized by and employees, officers, and agents appointed
under section 244.19, subdivision 1.
(j) "Release" means to release from actual custody.
Sec. 8. Minnesota Statutes 1996, section 401.02, is
amended by adding a subdivision to read:
Subd. 5. [INTERMEDIATE SANCTIONS.] Unless the district
court directs otherwise, county probation officers may require a
person committed to the officer's care by the court to perform
community work service for violating a condition of probation
imposed by the court. Community work service may be imposed for
the purpose of protecting the public, to aid the offender's
rehabilitation, or both. Probation officers may impose up to
eight hours of community work service for each violation and up
to a total of 24 hours per offender per 12-month period,
beginning on the date on which community work service is first
imposed. The chief executive officer of a community corrections
agency may authorize an additional 40 hours of community work
service, for a total of 64 hours per offender per 12-month
period, beginning with the date on which community work service
is first imposed. At the time community work service is
imposed, probation officers are required to provide written
notice to the offender that states:
(1) the condition of probation that has been violated;
(2) the number of hours of community work service imposed
for the violation; and
(3) the total number of hours of community work service
imposed to date in the 12-month period.
An offender may challenge the imposition of community work
service by filing a petition in district court. An offender
must file the petition within five days of receiving written
notice that community work service is being imposed. If the
offender challenges the imposition of community work service,
the state bears the burden of showing, by a preponderance of the
evidence, that the imposition of community work service is
reasonable under the circumstances.
Community work service includes sentencing to service.
Sec. 9. [401.025] [DETENTION AND RELEASE; PROBATIONERS,
CONDITIONAL RELEASEES, AND PRETRIAL RELEASEES.]
Subdivision 1. [PEACE OFFICERS AND PROBATION OFFICERS
SERVING CCA COUNTIES.] (a) When it appears necessary to enforce
discipline or to prevent a person on conditional release from
escaping or absconding from supervision, the chief executive
officer or designee of a community corrections agency in a CCA
county has the authority to issue a written order directing any
peace officer in the county or any probation officer serving the
district and juvenile courts of the county to detain and bring
the person before the court or the commissioner, whichever is
appropriate, for disposition. This written order is sufficient
authority for the peace officer or probation officer to detain
the person for not more than 72 hours, excluding Saturdays,
Sundays, and holidays, pending a hearing before the court or the
commissioner.
(b) The chief executive officer or designee of a community
corrections agency in a CCA county has the authority to issue a
written order directing a probation officer serving the district
and juvenile courts of the county to release a person detained
under paragraph (a) within 72 hours, excluding Saturdays,
Sundays, and holidays, without an appearance before the court or
the commissioner. This written order is sufficient authority
for the probation officer to release the detained person.
(c) The chief executive officer or designee of a community
corrections agency in a CCA county has the authority to issue a
written order directing any peace officer in the county or any
probation officer serving the district and juvenile courts of
the county to detain any person on court-ordered pretrial
release who absconds from pretrial release or fails to abide by
the conditions of pretrial release. A written order issued
under this paragraph is sufficient authority for the peace
officer or probation officer to detain the person.
Subd. 2. [PEACE OFFICERS AND PROBATION OFFICERS IN OTHER
COUNTIES AND STATE CORRECTIONAL INVESTIGATORS.] (a) The chief
executive officer or designee of a community corrections agency
in a CCA county has the authority to issue a written order
directing any state correctional investigator or any peace
officer, probation officer, or county probation officer from
another county to detain a person under sentence or on probation
who:
(1) fails to report to serve a sentence at a local
correctional facility;
(2) fails to return from furlough or authorized temporary
release from a local correctional facility;
(3) escapes from a local correctional facility; or
(4) absconds from court-ordered home detention.
(b) The chief executive officer or designee of a community
corrections agency in a CCA county has the authority to issue a
written order directing any state correctional investigator or
any peace officer, probation officer, or county probation
officer from another county to detain any person on
court-ordered pretrial release who absconds from pretrial
release or fails to abide by the conditions of pretrial release.
(c) A written order issued under paragraph (a) or (b) is
sufficient authority for the state correctional investigator,
peace officer, probation officer, or county probation officer to
detain the person.
Subd. 3. [OFFENDERS UNDER DEPARTMENT OF CORRECTIONS
COMMITMENT.] CCA counties shall comply with the policies
prescribed by the commissioner when providing supervision and
other correctional services to persons conditionally released
pursuant to sections 241.26, 242.19, 243.05, 243.16, 244.05, and
244.065, including intercounty transfer of persons on
conditional release and the conduct of presentence
investigations.
Sec. 10. Minnesota Statutes 1997 Supplement, 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:
(1) may order intermediate sanctions without placing the
defendant on probation; or
(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. Unless the court
directs otherwise, state parole and probation agents and
probation officers may impose community work service for an
offender's probation violation, consistent with section 243.05,
subdivision 1; 244.19, subdivision 3a; or 401.02, subdivision 5.
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. 11. Minnesota Statutes 1996, section 629.34,
subdivision 1, is amended to read:
Subdivision 1. [PEACE OFFICERS AND CONSTABLES.] (a) A
peace officer, as defined in section 626.84, subdivision 1,
clause (c), or a constable, as defined in section 367.40,
subdivision 3, who is on or off duty within the jurisdiction of
the appointing authority, or on duty outside the jurisdiction of
the appointing authority pursuant to section 629.40, may arrest
a person without a warrant as provided under paragraph (c).
(b) A part-time peace officer, as defined in section
626.84, subdivision 1, clause (f), who is on duty within the
jurisdiction of the appointing authority, or on duty outside the
jurisdiction of the appointing authority pursuant to section
629.40 may arrest a person without a warrant as provided under
paragraph (c).
(c) A peace officer, constable, or part-time peace officer
who is authorized under paragraph (a) or (b) to make an arrest
without a warrant may do so under the following circumstances:
(1) when a public offense has been committed or attempted
in the officer's or constable's presence;
(2) when the person arrested has committed a felony,
although not in the officer's or constable's presence;
(3) when a felony has in fact been committed, and the
officer or constable has reasonable cause for believing the
person arrested to have committed it;
(4) upon a charge based upon reasonable cause of the
commission of a felony by the person arrested;
(5) under the circumstances described in clause (2), (3),
or (4), when the offense is a gross misdemeanor violation of
section 609.52, 609.595, 609.631, 609.749, or 609.821; or
(6) under circumstances described in clause (2), (3), or
(4), when the offense is a nonfelony violation of a restraining
order or no contact order previously issued by a court.
(d) To make an arrest authorized under this subdivision,
the officer or constable may break open an outer or inner door
or window of a dwelling house if, after notice of office and
purpose, the officer or constable is refused admittance.
Sec. 12. [629.355] [PEACE OFFICER AUTHORITY TO DETAIN
PERSON ON CONDITIONAL RELEASE.]
(a) A peace officer may detain a person on conditional
release upon probable cause that the person has violated a
condition of release. "Conditional release" has the meaning
given in section 401.01, subdivision 2.
(b) Except as provided in paragraph (c), no person may be
detained longer than the period provided in rule 27.04 of the
Rules of Criminal Procedure. The detaining peace officer shall
provide a detention report to the agency supervising the person
as soon as possible. The detention by the peace officer may not
exceed eight hours without the approval of the supervising
agency. The supervising agency may release the person without
commencing revocation proceedings or commence revocation
proceedings under rule 27.04 of the Rules of Criminal Procedure.
(c) A person detained under paragraph (a) who is on
supervised release or parole may not be detained longer than 72
hours. The detaining peace officer shall provide a detention
report to the commissioner of corrections as soon as possible.
The detention by the peace officer may not exceed eight hours
without the approval of the commissioner or a designee. The
commissioner may release the person without commencing
revocation proceedings or request a hearing before the hearings
and release division.
Sec. 13. [SUPREME COURT REQUESTED TO AMEND RULES OF
CRIMINAL PROCEDURE.]
The supreme court is requested to amend Rule 6.02 of the
Rules of Criminal Procedure to allow a court, judge, or judicial
officer to consider the safety of any person or the community
when imposing a condition of release or combination of
conditions of release on an offender who is released before
trial.
Sec. 14. [RELEASEE PLAN.]
By August 1, 1998, the department of corrections, each
county probation agency, and each community corrections act
agency, in consultation with local law enforcement agencies,
shall develop a plan to provide local law enforcement agencies
with relevant information concerning conditional releasees,
their terms of release, their offense history, and other factors
that present a risk of violation of the terms and conditions of
their release. This plan shall include strategies to identify
those offenders most likely to violate the terms of release on
an ongoing basis and methods to ensure compliance with the terms
of release by those releasees.
Sec. 15. [REPEALER.]
Minnesota Statutes 1996, section 401.02, subdivision 4; and
Minnesota Statutes 1997 Supplement, section 244.19, subdivision
3a, are repealed.
Sec. 16. [EFFECTIVE DATE.]
Sections 1 to 3 and 7 to 15 are effective August 1, 1998,
and apply to acts occurring on or after that date.
ARTICLE 8
COURTS AND PUBLIC DEFENDERS
Section 1. Minnesota Statutes 1997 Supplement, section
97A.065, subdivision 2, is amended to read:
Subd. 2. [FINES AND FORFEITED BAIL.] (a) Fines and
forfeited bail collected from prosecutions of violations of:
the game and fish laws; sections 84.091 to 84.15; sections 84.81
to 84.88 84.91; section 169.121, when the violation involved an
off-road recreational vehicle as defined in section 169.01,
subdivision 86; chapter 348; and any other law relating to wild
animals or aquatic vegetation, must be paid to the treasurer of
the county where the violation is prosecuted. The county
treasurer shall submit one-half of the receipts to the
commissioner and credit the balance to the county general
revenue fund except as provided in paragraphs (b), (c), and (d).
(b) The commissioner must reimburse a county, from the game
and fish fund, for the cost of keeping prisoners prosecuted for
violations under this section if the county board, by
resolution, directs: (1) the county treasurer to submit all
fines and forfeited bail to the commissioner; and (2) the county
auditor to certify and submit monthly itemized statements to the
commissioner.
(c) The county treasurer shall indicate the amount of the
receipts that are assessments or surcharges imposed under
section 609.101 and shall submit all of those receipts to the
commissioner. The receipts must be credited to the game and
fish fund to provide peace officer training for persons employed
by the commissioner who are licensed under section 626.84,
subdivision 1, clause (c), and who possess peace officer
authority for the purpose of enforcing game and fish laws.
(d) The county treasurer shall submit one-half of the
receipts collected under paragraph (a) from prosecutions of
violations of sections 84.81 to 84.91, and 169.121, including
except receipts that are assessments or surcharges imposed under
section 609.101 357.021, subdivision 6, to the commissioner
state treasurer and credit the balance to the county general
fund. The commissioner state treasurer shall credit these
receipts to the snowmobile trails and enforcement account in the
natural resources fund.
(d) The county treasurer shall indicate the amount of the
receipts that are surcharges imposed under section 357.021,
subdivision 6, and shall submit all of those receipts to the
state treasurer.
Sec. 2. Minnesota Statutes 1996, section 169.121,
subdivision 5a, is amended to read:
Subd. 5a. [CHEMICAL DEPENDENCY ASSESSMENT CHARGE,
SURCHARGE.] When a court sentences a person convicted of an
offense enumerated in section 169.126, subdivision 1, it shall
impose a chemical dependency assessment charge of $125. A
person shall pay an additional surcharge of $5 if the person is
convicted of (i) a violation of section 169.129, or (ii) a
violation of this section within five years of a prior impaired
driving conviction, as defined in subdivision 3, or a prior
conviction for an offense arising out of an arrest for a
violation of section 169.121 or 169.129. This section applies
when the sentence is executed, stayed, or suspended. The court
may not waive payment or authorize payment of the assessment
charge and surcharge in installments unless it makes written
findings on the record that the convicted person is indigent or
that the assessment charge and surcharge would create undue
hardship for the convicted person or that person's immediate
family.
The county shall collect and forward to the commissioner of
finance $25 of the chemical dependency assessment charge and the
$5 surcharge, if any, within 60 days after sentencing or explain
to the commissioner in writing why the money was not forwarded
within this time period. The commissioner shall credit the
money to the general fund. The county shall collect and keep
$100 of the chemical dependency assessment charge.
The chemical dependency assessment charge and surcharge
required under this section are in addition to the surcharge
required by section 609.101 357.021, subdivision 6.
Sec. 3. Minnesota Statutes 1996, section 171.16,
subdivision 3, is amended to read:
Subd. 3. [SUSPENSION FOR FAILURE TO PAY FINE.] When any
court reports to the commissioner that a person: (1) has been
convicted of violating a law of this state or an ordinance of a
political subdivision which regulates the operation or parking
of motor vehicles, (2) has been sentenced to the payment of a
fine or had a penalty assessment surcharge levied against that
person, or sentenced to a fine upon which a penalty assessment
surcharge was levied, and (3) has refused or failed to comply
with that sentence or to pay the penalty assessment surcharge,
notwithstanding the fact that the court has determined that the
person has the ability to pay the fine or penalty assessment
surcharge, the commissioner shall suspend the driver's license
of such person for 30 days for a refusal or failure to pay or
until notified by the court that the fine or penalty assessment
surcharge, or both if a fine and penalty assessment surcharge
were not paid, has been paid.
Sec. 4. Minnesota Statutes 1997 Supplement, section
357.021, subdivision 2, is amended to read:
Subd. 2. [FEE AMOUNTS.] The fees to be charged and
collected by the court administrator shall be as follows:
(1) In every civil action or proceeding in said court,
including any case arising under the tax laws of the state that
could be transferred or appealed to the tax court, the
plaintiff, petitioner, or other moving party shall pay, when the
first paper is filed for that party in said action, a fee of
$122.
The defendant or other adverse or intervening party, or any
one or more of several defendants or other adverse or
intervening parties appearing separately from the others, shall
pay, when the first paper is filed for that party in said
action, a fee of $122.
The party requesting a trial by jury shall pay $75.
The fees above stated shall be the full trial fee
chargeable to said parties irrespective of whether trial be to
the court alone, to the court and jury, or disposed of without
trial, and shall include the entry of judgment in the action,
but does not include copies or certified copies of any papers so
filed or proceedings under chapter 103E, except the provisions
therein as to appeals.
(2) Certified copy of any instrument from a civil or
criminal proceeding, $10, and $5 for an uncertified copy.
(3) Issuing a subpoena, $3 for each name.
(4) Issuing an execution and filing the return thereof;
issuing a writ of attachment, injunction, habeas corpus,
mandamus, quo warranto, certiorari, or other writs not
specifically mentioned, $10.
(5) Issuing a transcript of judgment, or for filing and
docketing a transcript of judgment from another court, $7.50.
(6) Filing and entering a satisfaction of judgment, partial
satisfaction, or assignment of judgment, $5.
(7) Certificate as to existence or nonexistence of
judgments docketed, $5 for each name certified to.
(8) Filing and indexing trade name; or recording basic
science certificate; or recording certificate of physicians,
osteopaths, chiropractors, veterinarians, or optometrists, $5.
(9) For the filing of each partial, final, or annual
account in all trusteeships, $10.
(10) For the deposit of a will, $5.
(11) For recording notary commission, $25, of which,
notwithstanding subdivision 1a, paragraph (b), $20 must be
forwarded to the state treasurer to be deposited in the state
treasury and credited to the general fund.
(12) When a defendant pleads guilty to or is sentenced for
a petty misdemeanor other than a parking violation, the
defendant shall pay a fee of $11.
(13) Filing a motion or response to a motion for
modification of child support, a fee fixed by rule or order of
the supreme court.
(14) (13) All other services required by law for which no
fee is provided, such fee as compares favorably with those
herein provided, or such as may be fixed by rule or order of the
court.
(15) (14) In addition to any other filing fees under this
chapter, a surcharge in the amount of $75 must be assessed in
accordance with section 259.52, subdivision 14, for each
adoption petition filed in district court to fund the putative
fathers' adoption registry under section 259.52.
The fees in clauses (3) and (4) need not be paid by a
public authority or the party the public authority represents.
Sec. 5. Minnesota Statutes 1996, section 357.021, is
amended by adding a subdivision to read:
Subd. 6. [SURCHARGES ON CRIMINAL AND TRAFFIC
OFFENDERS.] (a) The court shall impose and the court
administrator shall collect a $25 surcharge on every person
convicted of any felony, gross misdemeanor, misdemeanor, or
petty misdemeanor offense, other than a violation of a law or
ordinance relating to vehicle parking. The surcharge shall be
imposed whether or not the person is sentenced to imprisonment
or the sentence is stayed.
(b) If the court fails to impose a surcharge as required by
this subdivision, the court administrator shall show the
imposition of the $25 surcharge, collect the surcharge and
correct the record.
(c) The court may not waive payment of the surcharge
required under this subdivision. Upon a showing of indigency or
undue hardship upon the convicted person or the convicted
person's immediate family, the sentencing court may authorize
payment of the surcharge in installments.
(d) The court administrator or other entity collecting a
surcharge shall forward it to the state treasurer.
(e) If the convicted person is sentenced to imprisonment
and has not paid the surcharge before the term of imprisonment
begins, the chief executive officer of the correctional facility
in which the convicted person is incarcerated shall collect the
surcharge from any earnings the inmate accrues from work
performed in the facility or while on conditional release. The
chief executive officer shall forward the amount collected to
the state treasurer.
Sec. 6. Minnesota Statutes 1996, section 357.021, is
amended by adding a subdivision to read:
Subd. 7. [DISBURSEMENT OF SURCHARGES BY STATE
TREASURER.] The state treasurer shall disburse surcharges
received under subdivision 6 and section 97A.065, subdivision 2,
as follows:
(1) one percent of the surcharge shall be credited to the
game and fish fund to provide peace officer training for
employees of the department of natural resources who are
licensed under sections 626.84 to 626.863, and who possess peace
officer authority for the purpose of enforcing game and fish
laws;
(2) 39 percent of the surcharge shall be credited to the
peace officers training account in the special revenue fund; and
(3) 60 percent of the surcharge shall be credited to the
general fund.
Sec. 7. Minnesota Statutes 1996, section 488A.03,
subdivision 11, is amended to read:
Subd. 11. [FEES PAYABLE TO ADMINISTRATOR.] (a) The civil
fees payable to the administrator for services are the same in
amount as the fees then payable to the district court of
Hennepin county for like services. Library and filing fees are
not required of the defendant in an unlawful detainer action.
The fees payable to the administrator for all other services of
the administrator or the court shall be fixed by rules
promulgated by a majority of the judges.
(b) Fees are payable to the administrator in advance.
(c) Judgments will be entered only upon written application.
(d) The following fees shall be taxed in all cases for all
charges where applicable: (a) The state of Minnesota and any
governmental subdivision within the jurisdictional area of
any municipal district court herein established may present
cases for hearing before said municipal district court; (b) In
the event the court takes jurisdiction of a prosecution for the
violation of a statute or ordinance by the state or a
governmental subdivision other than a city or town in Hennepin
county, all fines, penalties, and forfeitures collected shall be
paid over to the treasurer of the governmental subdivision which
submitted a case charges for prosecution under ordinance
violation and to the county treasurer in all other cases charges
except where a different disposition is provided by law, in
which case, payment shall be made to the public official
entitled thereto. The following fees shall be taxed to the
county or to the state or governmental subdivision which would
be entitled to payment of the fines, forfeiture or penalties in
any case, and shall be paid to the court administrator for
disposing of the matter:
(1) In all cases For each charge where the defendant is
brought into court and pleads guilty and is sentenced, or the
matter is otherwise disposed of without trial .......... $5.
(2) In arraignments where the defendant waives a
preliminary examination .......... $10.
(3) In all other cases For all other charges where the
defendant stands trial or has a preliminary examination by the
court .......... $15.
(4) In all cases For all charges where a defendant was
issued a statute, traffic, or ordinance violation tag citation
and a fine is paid or the case is otherwise disposed of in a
violations bureau .......... $1 $10.
(5) Upon the effective date of a $2 increase in the expired
meter fine schedule that is enacted on or after August 1, 1987,
the amount payable to the court administrator must be increased
by $1 for each expired meter violation disposed of in a
violations bureau. the increase in clause (4), the fine schedule
amounts shall be increased by $10.
Additional money, if any, received by the fourth judicial
district administrator as a result of this section shall be used
to fund an automated citation system and revenue collections
initiative and to pay the related administrative costs of the
court administrator's office.
Additional money, if any, received by the city of
Minneapolis as a result of this section shall be used to provide
additional funding to the city attorney for use in criminal
investigations and prosecutions. This funding shall not be used
to supplant existing city attorney positions or services.
Sec. 8. [STUDY OF FINE DISTRIBUTION.]
The court administrator for the fourth judicial district
shall study the feasibility of modifying the fine distribution
system in the fourth judicial district to recognize the
incarceration costs that are absorbed by local municipalities.
The study shall include the participation of local prosecutors
and county and city officials. The fourth judicial court
administrator shall make recommendations to the legislature on
this issue by November 15, 1999.
Sec. 9. Minnesota Statutes 1996, section 588.01,
subdivision 3, is amended to read:
Subd. 3. [CONSTRUCTIVE.] Constructive contempts are those
not committed in the immediate presence of the court, and of
which it has no personal knowledge, and may arise from any of
the following acts or omissions:
(1) misbehavior in office, or other willful neglect or
violation of duty, by an attorney, court administrator, sheriff,
coroner, or other person appointed or elected to perform a
judicial or ministerial service;
(2) deceit or abuse of the process or proceedings of the
court by a party to an action or special proceeding;
(3) disobedience of any lawful judgment, order, or process
of the court;
(4) assuming to be an attorney or other officer of the
court, and acting as such without authority;
(5) rescuing any person or property in the custody of an
officer by virtue of an order or process of the court;
(6) unlawfully detaining a witness or party to an action
while going to, remaining at, or returning from the court where
the action is to be tried;
(7) any other unlawful interference with the process or
proceedings of a court;
(8) disobedience of a subpoena duly served, or refusing to
be sworn or to answer as a witness;
(9) when summoned as a juror in a court, neglecting to
attend or serve, improperly conversing with a party to an action
to be tried at the court or with any person relative to the
merits of the action, or receiving a communication from a party
or other person in reference to it, and failing to immediately
disclose the same to the court;
(10) disobedience, by an inferior tribunal or officer, of
the lawful judgment, order, or process of a superior court,
proceeding in an action or special proceeding in any court
contrary to law after it has been removed from its jurisdiction,
or disobedience of any lawful order or process of a judicial
officer;
(11) failure or refusal to pay a penalty assessment
surcharge levied pursuant to section 626.861 357.021,
subdivision 6.
Sec. 10. Minnesota Statutes 1997 Supplement, 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.
(b) If the defendant qualifies for the services of a public
defender or the court 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. 11. Minnesota Statutes 1996, section 609.3241, is
amended to read:
609.3241 [PENALTY ASSESSMENT AUTHORIZED.]
When a court sentences an adult convicted of violating
section 609.322, 609.323, or 609.324, while acting other than as
a prostitute, the court shall impose an assessment of not less
than $250 and not more than $500 for a violation of section
609.324, subdivision 2, or a misdemeanor violation of section
609.324, subdivision 3; otherwise the court shall impose an
assessment of not less than $500 and not more than $1,000. The
mandatory minimum portion of the assessment is to be used for
the purposes described in section 626.558, subdivision 2a, and
is in addition to the assessment or surcharge required by
section 609.101 357.021, subdivision 6. Any portion of the
assessment imposed in excess of the mandatory minimum amount
shall be forwarded to the general fund and is appropriated
annually to the commissioner of corrections. The commissioner,
with the assistance of the general crime victims advisory
council, shall use money received under this section for grants
to agencies that provide assistance to individuals who have
stopped or wish to stop engaging in prostitution. Grant money
may be used to provide these individuals with medical care,
child care, temporary housing, and educational expenses.
Sec. 12. Minnesota Statutes 1996, section 611.14, is
amended to read:
611.14 [RIGHT TO REPRESENTATION BY PUBLIC DEFENDER.]
The following persons who are financially unable to obtain
counsel are entitled to be represented by a public defender:
(1) a person charged with a felony or, gross misdemeanor,
or misdemeanor including a person charged under sections 629.01
to 629.29;
(2) a person appealing from a conviction of a felony or
gross misdemeanor, or a person convicted of a felony or gross
misdemeanor, who is pursuing a postconviction proceeding and who
has not already had a direct appeal of the conviction;
(3) a person who is entitled to be represented by counsel
under section 609.14, subdivision 2; or
(4) a minor who is entitled to be represented by counsel
under section 260.155, subdivision 2, if the judge of the
juvenile court concerned has requested and received the approval
of a majority of the district court judges of the judicial
district to utilize the services of the public defender in such
cases, and approval of the compensation on a monthly, hourly, or
per diem basis to be paid for such services under section
260.251, subdivision 2, clause (e); or
(5) a person, entitled by law to be represented by counsel,
charged with an offense within the trial jurisdiction of a
district court, if the trial judge or a majority of the trial
judges of the court concerned have requested and received
approval of a majority of the district court judges of the
judicial district to utilize the services of the public defender
in such cases and approval of the compensation on a monthly,
hourly, or per diem basis to be paid for such services by the
county within the court's jurisdiction.
Sec. 13. Minnesota Statutes 1996, section 611.20,
subdivision 3, is amended to read:
Subd. 3. [REIMBURSEMENT.] In each fiscal year, the state
treasurer shall deposit the first $180,000 in the general fund.
payments in excess of $180,000 shall be deposited in the general
fund and credited credit them to a separate account with the
board of public defense. The amount credited to this account is
appropriated to the board of public defense.
The balance of this account does not cancel but is
available until expended. Expenditures by the board from this
account for each judicial district public defense office must be
based on the amount of the payments received by the state from
the courts in each judicial district. A district public
defender's office that receives money under this subdivision
shall use the money to supplement office overhead payments to
part-time attorneys providing public defense services in the
district. By January 15 of each year, the board of public
defense shall report to the chairs and ranking minority members
of the senate and house divisions having jurisdiction over
criminal justice funding on the amount appropriated under this
subdivision, the number of cases handled by each district public
defender's office, the number of cases in which reimbursements
were ordered, the average amount of reimbursement ordered, and
the average amount of money received by part-time attorneys
under this subdivision.
Sec. 14. Minnesota Statutes 1996, section 611.20,
subdivision 4, is amended to read:
Subd. 4. [EMPLOYED DEFENDANTS.] A court shall order a
defendant who is employed when a public defender is appointed,
or who becomes employed while represented by a public
defender, shall to reimburse the state for the cost of the
public defender. If reimbursement is required under this
subdivision, the court shall order the reimbursement when a
public defender is first appointed or as soon as possible after
the court determines that reimbursement is required. The court
may accept partial reimbursement from the defendant if the
defendant's financial circumstances warrant a reduced
reimbursement schedule. The court may consider the guidelines
in subdivision 6 in determining a defendant's reimbursement
schedule. If a defendant does not agree to make payments, the
court may order the defendant's employer to withhold a
percentage of the defendant's income to be turned over to the
court. The percentage to be withheld may be determined under
subdivision 6.
Sec. 15. Minnesota Statutes 1996, section 611.20,
subdivision 5, is amended to read:
Subd. 5. [REIMBURSEMENT RATE.] Legal fees required to be
reimbursed under subdivision 4, shall be determined by
multiplying the total number of hours worked on the case by a
public defender by $30 $40 per hour. The public defender
assigned to the defendant's case shall provide to the court,
upon the court's request, a written statement containing the
total number of hours worked on the defendant's case up to the
time of the request.
Sec. 16. Minnesota Statutes 1997 Supplement, section
611.25, subdivision 3, is amended to read:
Subd. 3. [DUTIES.] The state public defender shall prepare
a biennial report to the board and a report to the governor and
the supreme court on the operation of the state public
defender's office, district defender systems, and public defense
corporations. The biennial report is due on or before the
beginning of the legislative session following the end of the
biennium. The state public defender may require the reporting
of statistical data, budget information, and other cost factors
by the chief district public defenders and appointed counsel
systems. The state public defender shall design and conduct
programs for the training of all state and district public
defenders, appointed counsel, and attorneys for public defense
corporations funded under section 611.26. The state public
defender shall establish policies and procedures to administer
the district public defender system, consistent with standards
adopted by the state board of public defense.
Sec. 17. Minnesota Statutes 1996, section 611.26,
subdivision 2, is amended to read:
Subd. 2. [APPOINTMENT; TERMS.] The state board of public
defense shall appoint a chief district public defender for each
judicial district. When appointing a chief district public
defender, the state board of public defense membership shall be
increased to include two residents of the district appointed by
the chief judge of the district to reflect the characteristics
of the population served by the public defender in that
district. The additional members shall serve only in the
capacity of selecting the district public defender. The ad hoc
state board of public defense shall appoint a chief district
public defender only after requesting and giving reasonable time
to receive any recommendations from the public, the local bar
association, and the judges of the district, and the county
commissioners within the district. Each chief district public
defender shall be a qualified attorney, licensed to practice law
in this state. The chief district public defender shall be
appointed for a term of four years, beginning January 1,
pursuant to the following staggered term schedule: (1) in 1992
2000, the second and eighth districts; (2) in 1993 2001, the
first, third, fourth, and tenth districts; (3) in 1994 2002, the
fifth and ninth districts; and (4) in 1995 1999, the sixth and
seventh districts. The chief district public defenders shall
serve for four-year terms and may be removed for cause upon the
order of the state board of public defense. Vacancies in the
office shall be filled by the appointing authority for the
unexpired term.
Sec. 18. Minnesota Statutes 1996, section 611.26,
subdivision 3, is amended to read:
Subd. 3. [COMPENSATION.] (a) The compensation of the chief
district public defender shall be set by the board of public
defense. and the compensation of each assistant district public
defender shall be set by the chief district public defender with
the approval of the board of public defense. To assist the
board of public defense in determining compensation under this
subdivision, counties shall provide to the board information on
the compensation of county attorneys, including salaries and
benefits, rent, secretarial staff, and other pertinent budget
data. For purposes of this subdivision, compensation means
salaries, cash payments, and employee benefits including paid
time off and group insurance benefits, and other direct and
indirect items of compensation including the value of office
space provided by the employer.
(b) This subdivision does not limit the rights of public
defenders to collectively bargain with their employers.
Sec. 19. Minnesota Statutes 1996, section 611.26,
subdivision 3a, is amended to read:
Subd. 3a. [BUDGET; COMPENSATION.] (a) Notwithstanding
subdivision 3 or any other law to the contrary, compensation and
economic benefit increases for chief district public defenders
and assistant district public defenders, who are full-time
county employees, shall be paid out of the budget for that
judicial district public defender's office.
(b) In the second judicial district, the district public
defender's office shall be funded by the board of public
defense. The budget for the second judicial public defender's
office shall not include Ramsey county property taxes.
(c) In the fourth judicial district, the district public
defender's office shall be funded by the board of public defense
and by the Hennepin county board. Personnel expenses of state
employees hired on or after January 1, 1999, in the fourth
judicial district public defender's office shall be funded by
the board of public defense.
(d) Those budgets for district public defender services in
the second and fourth judicial districts under the jurisdiction
of the state board of public defense shall be eligible for
adjustments to their base budgets in the same manner as other
state agencies. In making biennial budget base adjustments, the
commissioner of finance shall consider the budgets for district
public defender services in all judicial districts, as allocated
by the state board of public defense, in the same manner as
other state agencies.
Sec. 20. Minnesota Statutes 1996, section 611.263, is
amended to read:
611.263 [COUNTY IS EMPLOYER OF; RAMSEY, HENNEPIN
DEFENDERS.]
Subdivision 1. [EMPLOYEES.] (a) Except as provided in
subdivision 3, the district public defender and assistant public
defenders of the second judicial district are employees of
Ramsey county in the unclassified service under section 383A.286.
(b) Except as provided in subdivision 3, the district
public defender and assistant public defenders of the fourth
judicial district are employees of Hennepin county under section
383B.63, subdivision 6.
Subd. 2. [PUBLIC EMPLOYER.] (a) Except as provided in
subdivision 3, and notwithstanding section 179A.03, subdivision
15, clause (c), the Ramsey county board is the public employer
under the public employment labor relations act for the district
public defender and assistant public defenders of the second
judicial district.
(b) Except as provided in subdivision 3, and
notwithstanding section 179A.03, subdivision 15, clause (c), the
Hennepin county board is the public employer under the public
employment labor relations act for the district public defender
and assistant public defenders of the fourth judicial district.
Subd. 3. [EXCEPTION.] Notwithstanding section 611.265,
district public defenders and employees in the second and fourth
judicial districts who are hired on or after January 1, 1999,
are state employees of the board of public defense and are
governed by the personnel rules adopted by the board of public
defense. Employees of the public defender's office in the
second and fourth judicial districts who are hired before
January 1, 1999, remain employees of Ramsey and Hennepin
counties, respectively, under subdivisions 1 and 2.
Sec. 21. Minnesota Statutes 1996, section 611.27,
subdivision 1, is amended to read:
Subdivision 1. [COUNTY PAYMENT RESPONSIBILITY.] (a) The
total compensation and expenses, including office equipment and
supplies, of the district public defender are to be paid by the
county or counties comprising the judicial district.
(b) A chief district public defender shall annually submit
a comprehensive budget to the state board of public defense.
The budget shall be in compliance with standards and forms
required by the board and must, at a minimum, include detailed
substantiation as to all revenues and expenditures. The chief
district public defender shall, at times and in the form
required by the board, submit reports to the board concerning
its operations, including the number of cases handled and funds
expended for these services.
Within ten days after an assistant district public defender
is appointed, the district public defender shall certify to the
state board of public defense the compensation that has been
recommended for the assistant.
(c) The state board of public defense shall transmit the
proposed budget of each district public defender to the
respective district court administrators and county budget
officers for comment before the board's final approval of the
budget. The board shall determine and certify to the respective
county boards a final comprehensive budget for the office of the
district public defender that includes all expenses. After the
board determines the allocation of the state funds authorized
pursuant to paragraph (e), the board shall apportion the
expenses of the district public defenders among the several
counties and each county shall pay its share in monthly
installments. The county share is the proportion of the total
expenses that the population in the county bears to the total
population in the district as determined by the last federal
census. If the district public defender or an assistant
district public defender is temporarily transferred to a county
not situated in that public defender's judicial district, said
county shall pay the proportionate part of that public
defender's expenses for the services performed in said county.
(d) Reimbursement for actual and necessary travel expenses
in the conduct of the office of the district public defender
shall be charged to either (1) the general expenses of the
office, (2) the general expenses of the district for which the
expenses were incurred if outside the district, or (3) the
office of the state public defender if the services were
rendered for that office.
(e) (b) Money appropriated to the state board of public
defense for the board's administration, for the state public
defender, for the judicial district public defenders, and for
the public defense corporations shall be expended as determined
by the board. In distributing funds to district public
defenders, the board shall consider the geographic distribution
of public defenders, the equity of compensation among the
judicial districts, public defender case loads, and the results
of the weighted case load study.
Sec. 22. Minnesota Statutes 1996, section 611.27,
subdivision 7, is amended to read:
Subd. 7. [PUBLIC DEFENDER SERVICES; RESPONSIBILITY.]
Notwithstanding subdivision 4, The state's obligation for the
costs of the public defender services is limited to the
appropriations made to the board of public defense. Services
and expenses in cases where adequate representation cannot be
provided by the district public defender shall be the
responsibility of the state board of public defense.
Sec. 23. [REPORT ON SURCHARGES.]
The state court administrator shall collect information on
the amount of revenue collected annually from the imposition of
surcharges under Minnesota Statutes, section 97A.065,
subdivision 2, or 357.021, subdivision 6, and shall report this
information to the chairs and ranking minority members of the
house and senate divisions having jurisdiction over criminal
justice funding by January 15, 2001.
Sec. 24. [INSTRUCTION TO REVISOR.]
The revisor shall change the term "penalty assessment" or
similar term to "surcharge" or similar term wherever the term
appears in Minnesota Rules in connection with the board of peace
officer standards and training.
Sec. 25. [EXPIRATION.]
The amendment made to Minnesota Statutes, section 488A.03,
subdivision 11, expires July 1, 2000.
Sec. 26. [REPEALER.]
(a) Minnesota Statutes 1996, sections 609.101, subdivision
1; and 626.861, are repealed.
(b) Minnesota Statutes 1996, sections 611.216, subdivision
1a; 611.26, subdivision 9; and 611.27, subdivision 2; and
Minnesota Statutes 1997 Supplement, section 611.27, subdivision
4, are repealed.
Sec. 27. [EFFECTIVE DATE.]
Sections 1 to 11, 23 to 25, and 26, paragraph (a), are
effective January 1, 1999. Section 13 is effective July 1, 1999.
ARTICLE 9
CORRECTIONS
Section 1. Minnesota Statutes 1996, section 3.739,
subdivision 1, is amended to read:
Subdivision 1. [PERMISSIBLE CLAIMS.] Claims and demands
arising out of the circumstances described in this subdivision
shall be presented to, heard, and determined as provided in
subdivision 2:
(1) an injury to or death of an inmate of a state,
regional, or local correctional facility or county jail who has
been conditionally released and ordered to perform uncompensated
work for a state agency, a political subdivision or public
corporation of this state, a nonprofit educational, medical, or
social service agency, or a private business or individual, as a
condition of the release, while performing the work;
(2) an injury to or death of a person sentenced by a court,
granted a suspended sentence by a court, or subject to a court
disposition order, and who, under court order, is performing
work (a) in restitution, (b) in lieu of or to work off fines or
court ordered costs, (c) in lieu of incarceration, or (d) as a
term or condition of a sentence, suspended sentence, or
disposition order, while performing the work;
(3) an injury to or death of a person, who has been
diverted from the court system and who is performing work as
described in paragraph (1) or (2) under a written agreement
signed by the person, and if a juvenile, by a parent or
guardian; or
(4) an injury to or death of any person caused by an
individual who was performing work as described in paragraph
(1), (2), or (3); or
(5) necessary medical care of offenders sentenced to the
Camp Ripley work program described in section 241.277.
Sec. 2. Minnesota Statutes 1996, section 241.01,
subdivision 7, is amended to read:
Subd. 7. [USE OF FACILITIES BY OUTSIDE AGENCIES.] The
commissioner of corrections may authorize and permit public or
private social service, educational, or rehabilitation agencies
or organizations, and their clients; or lawyers, insurance
companies, or others; to use the facilities, staff, and other
resources of correctional facilities under the commissioner's
control and may require the participating agencies or
organizations to pay all or part of the costs thereof. All sums
of money received pursuant to the agreements herein authorized
shall not cancel until the end of the fiscal year immediately
following the fiscal year in which the funds were received. The
funds are available for use by the commissioner during that
period, and are hereby appropriated annually to the commissioner
of corrections for the purposes of this subdivision.
The commissioner may provide meals for staff and visitors
for efficiency of operation and may require the participants to
pay all or part of the costs of the meals. All sums of money
received under this provision are appropriated to the
commissioner and shall not cancel until the end of the fiscal
year immediately following the fiscal year in which the funds
were received.
Sec. 3. Minnesota Statutes 1996, section 241.01, is
amended by adding a subdivision to read:
Subd. 9. [LEASES FOR CORRECTIONAL FACILITY
PROPERTY.] Money collected as rent under section 16B.24,
subdivision 5, for state property at any of the correctional
facilities administered by the commissioner of corrections is
appropriated to the commissioner and is dedicated to the
correctional facility from which it is generated. Any balance
remaining at the end of the fiscal year shall not cancel and is
available until expended.
Sec. 4. Minnesota Statutes 1997 Supplement, section
241.015, is amended to read:
241.015 [ANNUAL PERFORMANCE REPORTS REQUIRED.]
Subdivision 1. [ANNUAL REPORT.] 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.
Subd. 2. [RECIDIVISM ANALYSIS.] The report required by
subdivision 1 must include an evaluation and analysis of the
programming in all department of corrections facilities. This
evaluation and analysis must include:
(1) a description of the vocational, work, and industries
programs and information on the recidivism rates for offenders
who participated in these types of programming;
(2) a description of the educational programs and
information on the recidivism rates for offenders who
participated in educational programming; and
(3) a description of the chemical dependency, sex offender,
and mental health treatment programs and information on the
recidivism rates for offenders who participated in these
treatment programs.
The analysis of recidivism rates must include a breakdown
of recidivism rates for juvenile offenders, adult male
offenders, and adult female offenders.
Sec. 5. Minnesota Statutes 1996, section 241.05, is
amended to read:
241.05 [RELIGIOUS INSTRUCTION ACTIVITIES.]
The commissioner of corrections shall provide at least one
hour, on the first day of each week, between 9:00 a.m. and 5:00
p.m., for religious instruction to allow inmates of all prisons
and reformatories under the commissioner's control to
participate in religious activities, during which members of the
clergy of good standing in any church or denomination may freely
administer and impart religious rites and instruction to those
desiring the same them. The commissioner shall provide a
private room where such instruction can be given by members of
the clergy of the denomination desired by the inmate, or, in
case of minors, by the parents or guardian, and, in case of
sickness, some other day or hour may be designated; but all
sectarian practices are prohibited, and No officer or employee
of the institution shall attempt to influence the religious
belief of any inmate, and none no inmate shall be required to
attend religious services against the inmate's will.
Sec. 6. Minnesota Statutes 1997 Supplement, section
241.277, subdivision 6, is amended to read:
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. An offender whose program completion occurs on a
Saturday, Sunday, or holiday shall be allowed to return to the
community on the last day before the completion date that is not
a Saturday, Sunday, or holiday. If the offender's stay in the
program was extended due to a violation of the disciplinary
rules and the offender's day of completion is a Saturday,
Sunday, or holiday, the offender shall not be allowed to return
to the community until the day following that is not a Saturday,
Sunday, or holiday.
Sec. 7. Minnesota Statutes 1997 Supplement, section
241.277, is amended by adding a subdivision to read:
Subd. 6a. [FURLOUGHS.] The commissioner may furlough an
offender for up to three days in the event of the death of a
family member or spouse. If the commissioner determines that
the offender requires serious and immediate medical attention,
the commissioner may grant furloughs of up to three days to
provide appropriate health care.
Sec. 8. Minnesota Statutes 1997 Supplement, section
241.277, subdivision 9, is amended to read:
Subd. 9. [COSTS OF PROGRAM.] Counties sentencing offenders
to the program must pay 25 percent of the per diem expenses for
the offender. Per diem money received from the counties are
appropriated to the commissioner of corrections for program
expenses. Sums of money received by the commissioner under this
subdivision shall not cancel until the end of the fiscal year
immediately following the fiscal year in which the funds were
received by the commissioner. 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. Costs of medical care must be paid according
to the provisions of section 3.739.
Sec. 9. [241.278] [AGREEMENTS FOR WORK FORCE OF STATE OR
COUNTY JAIL INMATES.]
The commissioner of corrections, in the interest of inmate
rehabilitation, may enter into interagency agreements with
state, county, or municipal agencies, or contract with nonprofit
agencies to fund or partially fund the cost of programs that use
state or county jail inmates as a work force. The commissioner
is authorized to receive funds via these agreements and these
funds are appropriated to the commissioner for community service
programming.
Sec. 10. [241.85] [EDUCATIONAL ASSESSMENTS.]
Subdivision 1. [ASSESSMENTS; PROGRAMMING PLANS.] The
commissioner of corrections shall develop an educational
assessment to determine the educational status and needs of
adults and juveniles in department of corrections facilities.
The commissioner shall ensure that assessments are conducted on
all individuals both upon their admittance and prior to their
discharge from a facility. The commissioner shall create a
programming plan for individuals on whom an admission assessment
was conducted if the individual is admitted to an educational
program. The plan must address any special needs identified by
the assessment. The commissioner shall also determine methods
to measure the educational progress of individuals during their
stay at a facility.
Subd. 2. [REPORT REQUIRED.] By December 15, 1999, the
commissioner of corrections shall report to the chairs and
ranking minority members of the senate and house committees and
divisions having jurisdiction over criminal justice policy and
funding on the educational assessments and programming plans
described in subdivision 1.
Sec. 11. Minnesota Statutes 1997 Supplement, section
242.192, is amended to read:
242.192 [CHARGES TO COUNTIES.]
The commissioner shall charge counties or other appropriate
jurisdictions for the actual per diem cost of confinement,
excluding educational costs, 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. 12. Minnesota Statutes 1996, section 242.32,
subdivision 1, is amended to read:
Subdivision 1. [COMMUNITY-BASED PROGRAMMING.] The
commissioner of corrections shall be charged with the duty of
developing constructive programs for the prevention and decrease
of delinquency and crime among youth. To that end, the
commissioner shall cooperate with counties and existing agencies
to encourage the establishment of new programming, both local
and statewide, to provide a continuum of services for serious
and repeat juvenile offenders who do not require secure
placement. The commissioner shall work jointly with the
commissioner of human services and counties and municipalities
to develop and provide community-based services for residential
placement of juvenile offenders and community-based services for
nonresidential programming for juvenile offenders and their
families.
Notwithstanding any law to the contrary, the commissioner
of corrections is authorized to contract with counties placing
juveniles in the serious/chronic program, PREPARE, at the
Minnesota correctional facility-Red Wing to provide necessary
extended community transition programming. Funds resulting from
the contracts shall be deposited in the state treasury and are
appropriated to the commissioner for juvenile correctional
purposes.
Sec. 13. Minnesota Statutes 1997 Supplement, 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. 14. Minnesota Statutes 1997 Supplement, 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. 15. Minnesota Statutes 1996, section 243.51, is
amended by adding a subdivision to read:
Subd. 5. [SPECIAL REVENUE FUND.] Money received under
contracts authorized in subdivisions 1 and 3 shall be deposited
in the state treasury in an inmate housing account in the
special revenue fund. The money deposited in this account may
be expended only as provided by law. The purpose of this fund
is for correctional purposes, including housing inmates under
this section, and capital improvements.
Sec. 16. Minnesota Statutes 1996, section 390.11,
subdivision 2, is amended to read:
Subd. 2. [VIOLENT OR MYSTERIOUS DEATHS; AUTOPSIES.] The
coroner may conduct an autopsy in the case of any human death
referred to in subdivision 1, clause (1) or (2), when the
coroner judges that the public interest requires an autopsy,
except that an autopsy must be conducted in all unattended
inmate deaths that occur in a state correctional facility.
Sec. 17. Minnesota Statutes 1997 Supplement, 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, excluding educational
costs, of those juveniles committed to the commissioner and
confined in a state correctional facility. The commissioner
shall annually determine costs making necessary adjustments to
reflect the actual costs of confinement. 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. 18. Minnesota Statutes 1997 Supplement, section
609.113, subdivision 3, is amended to read:
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 the
person has a serious and chronic condition requiring ongoing and
continuous medical monitoring and treatment by a medical
professional; 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.
Sec. 19. Laws 1997, chapter 239, article 1, section 12,
subdivision 2, is amended to read:
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 July
1, 1999, if the commissioner shows a
demonstrated need for the opening and
the legislature, by law, approves it.
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.
Sec. 20. Laws 1997, chapter 239, article 1, section 12,
subdivision 4, is amended to read:
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 delinquent 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.
Sec. 21. [ACCOUNT BALANCE.]
As of June 30, 1999, any balance remaining in the account
containing money received through contracts authorized by
Minnesota Statutes, section 243.51, subdivisions 1 and 3, is
transferred to the inmate housing account in the special revenue
fund.
Sec. 22. [REPORT REQUIRED.]
(a) By February 1, 1999, the commissioner of corrections
shall report to the house and senate committees having
jurisdiction over criminal justice policy and funding on how the
department of corrections intends to collect information on job
placement rates of inmates who have been discharged from
department of corrections facilities. This report shall include
information on how the department of corrections can collect
summary data on job placement rates of former inmates who are on
supervised release, including the types of jobs for which
inmates have been hired and the wages earned by the inmates.
The report also shall include information on the predischarge or
postdischarge assistance that would assist inmates in obtaining
employment.
(b) "Summary data" has the meaning given in Minnesota
Statutes, section 13.02, subdivision 19.
Sec. 23. [HEALTH CARE COST REDUCTIONS.]
Subdivision 1. [IMPLEMENTATION REPORT.] The commissioner
of corrections shall report to the chairs and ranking minority
members of the senate and house committees and divisions having
jurisdiction over criminal justice policy and funding by
December 15, 1998, on progress in implementing initiatives
related to:
(1) a review of the current health care delivery system
within the department;
(2) development of requests for proposals to consolidate
contracts, negotiate discounts, regionalize health care
delivery; reduce transportation costs; and implement other
health care cost containment initiatives;
(3) formalization of utilization review requirements;
(4) expansion of telemedicine; and
(5) increasing the cost-effective use of infirmary services.
The report must also include the results of strategic planning
efforts, including but not limited to planning efforts to
improve fiscal management, improve record keeping and data
collection, expand infirmary services, and expand mental health
services.
Subd. 2. [COST CONTAINMENT PLAN.] The commissioner shall
present to the chairs and ranking minority members of the senate
and house committees and divisions having jurisdiction over
criminal justice policy and funding, by January 1, 1999, a plan
to reduce inmate per diem health care costs over a four-year
period. The plan must propose a strategy to reduce health care
costs closer to the national average. In developing the plan,
the commissioner shall consider the use of prepaid, capitated
payments and other managed care techniques. The plan may also
include health care initiatives currently being implemented by
the commissioner, or being evaluated by the commissioner as part
of the development of a strategic plan. The cost containment
plan must include methods to improve data collection and
analysis, so as to allow regular reporting of health care
expenditures for specific services and procedures and effective
monitoring of health care quality.
Subd. 3. [CONSULTATION WITH THE COMMISSIONERS OF HEALTH
AND HUMAN SERVICES.] When preparing the report described in
subdivision 1 and the plan described in subdivision 2, the
commissioner of corrections shall consult with the commissioner
of health and the commissioner of human services.
Sec. 24. [REPEALER.]
Minnesota Statutes 1997 Supplement, section 243.51,
subdivision 4, is repealed.
Sec. 25. [EFFECTIVE DATE.]
Sections 1 to 3, 6 to 8, 12, and 18 are effective the day
following final enactment. Sections 13 to 15, 21, and 24 are
effective July 1, 1999.
ARTICLE 10
JUVENILES
Section 1. Minnesota Statutes 1996, section 241.021, is
amended by adding a subdivision to read:
Subd. 2b. [LICENSING PROHIBITION FOR CERTAIN JUVENILE
FACILITIES.] The commissioner may not:
(1) issue a license under this section to operate a
correctional facility for the detention or confinement of
juvenile offenders if the facility accepts juveniles who reside
outside of Minnesota without an agreement with the entity
placing the juvenile at the facility that obligates the entity
to pay the educational expenses of the juvenile; or
(2) renew a license under this section to operate a
correctional facility for the detention or confinement of
juvenile offenders if the facility accepts juveniles who reside
outside of Minnesota without an agreement with the entity
placing the juvenile at the facility that obligates the entity
to pay the educational expenses of the juvenile.
Sec. 2. Minnesota Statutes 1997 Supplement, section
242.32, subdivision 4, is amended to read:
Subd. 4. [EXCEPTION.] The 100-bed limitation in
subdivision 3 does not apply to:
(1) up to 32 beds constructed and operated for long-term
residential secure programming by a privately operated facility
licensed by the commissioner in Rock county, Minnesota; and
(2) the campus at the state juvenile correctional facility
at Red Wing, Minnesota.
Sec. 3. [245A.30] [LICENSING PROHIBITION FOR CERTAIN
JUVENILE FACILITIES.]
The commissioner may not:
(1) issue any license under Minnesota Rules, parts
9545.0905 to 9545.1125, for the residential placement of
juveniles at a facility if the facility accepts juveniles who
reside outside of Minnesota without an agreement with the entity
placing the juvenile at the facility that obligates the entity
to pay the educational expenses of the juvenile; or
(2) renew a license under Minnesota Rules, parts 9545.0905
to 9545.1125, for the residential placement of juveniles if the
facility accepts juveniles who reside outside of Minnesota
without an agreement with the entity placing the juvenile at the
facility that obligates the entity to pay the educational
expenses of the juvenile.
Sec. 4. Minnesota Statutes 1997 Supplement, 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, (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 or a juvenile petty
offense before becoming ten years old;
(11) is a runaway;
(12) is an habitual truant;
(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;
(14) is one whose custodial parent's parental rights to
another child have been involuntarily terminated within the past
five years; or
(15) has been found by the court to have committed domestic
abuse perpetrated by a minor under Laws 1997, chapter 239,
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; or
(16) has engaged in prostitution, as defined in section
609.321, subdivision 9.
Sec. 5. Minnesota Statutes 1996, section 260.015,
subdivision 21, is amended to read:
Subd. 21. [JUVENILE PETTY OFFENDER; JUVENILE PETTY
OFFENSE.] (a) "Juvenile petty offense" includes a juvenile
alcohol offense, a juvenile controlled substance offense, a
violation of section 609.685, or a violation of a local
ordinance, which by its terms prohibits conduct by a child under
the age of 18 years which would be lawful conduct if committed
by an adult.
(b) Except as otherwise provided in paragraph (c),
"juvenile petty offense" also includes an offense that would be
a misdemeanor if committed by an adult.
(c) "Juvenile petty offense" does not include any of the
following:
(1) a misdemeanor-level violation of section 588.20,
609.224, 609.2242, 609.324, 609.563, 609.576, 609.66, 609.746,
609.79, or 617.23;
(2) a major traffic offense or an adult court traffic
offense, as described in section 260.193;
(3) a misdemeanor-level offense committed by a child whom
the juvenile court previously has found to have committed a
misdemeanor, gross misdemeanor, or felony offense; or
(4) a misdemeanor-level offense committed by a child whom
the juvenile court has found to have committed a
misdemeanor-level juvenile petty offense on two or more prior
occasions, unless the county attorney designates the child on
the petition as a juvenile petty offender notwithstanding this
prior record. As used in this clause, "misdemeanor-level
juvenile petty offense" includes a misdemeanor-level offense
that would have been a juvenile petty offense if it had been
committed on or after July 1, 1995.
(d) A child who commits a juvenile petty offense is a
"juvenile petty offender."
Sec. 6. Minnesota Statutes 1996, section 260.131, is
amended by adding a subdivision to read:
Subd. 5. [CONCURRENT JURISDICTION.] When a petition is
filed alleging that a child has engaged in prostitution as
defined in section 609.321, subdivision 9, the county attorney
shall determine whether concurrent jurisdiction is necessary to
provide appropriate intervention and, if so, proceed to file a
petition alleging the child to be both delinquent and in need of
protection or services.
Sec. 7. Minnesota Statutes 1996, section 260.155,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL.] (a) Except for hearings arising
under section 260.261 260.315, hearings on any matter shall be
without a jury and may be conducted in an informal manner,
except that a child who is prosecuted as an extended
jurisdiction juvenile has the right to a jury trial on the issue
of guilt. The rules of evidence promulgated pursuant to section
480.0591 and the law of evidence shall apply in adjudicatory
proceedings involving a child alleged to be delinquent, an
extended jurisdiction juvenile, or a juvenile petty offender,
and hearings conducted pursuant to section 260.125 except to the
extent that the rules themselves provide that they do not
apply. In all adjudicatory proceedings involving a child
alleged to be in need of protection or services, the court shall
admit only evidence that would be admissible in a civil trial.
To be proved at trial, allegations of a petition alleging a
child to be in need of protection or services must be proved by
clear and convincing evidence.
(b) Except for proceedings involving a child alleged to be
in need of protection or services and petitions for the
termination of parental rights, hearings may be continued or
adjourned from time to time. In proceedings involving a child
alleged to be in need of protection or services and petitions
for the termination of parental rights, hearings may not be
continued or adjourned for more than one week unless the court
makes specific findings that the continuance or adjournment is
in the best interests of the child. If a hearing is held on a
petition involving physical or sexual abuse of a child who is
alleged to be in need of protection or services or neglected and
in foster care, the court shall file the decision with the court
administrator as soon as possible but no later than 15 days
after the matter is submitted to the court. When a continuance
or adjournment is ordered in any proceeding, the court may make
any interim orders as it deems in the best interests of the
minor in accordance with the provisions of sections 260.011 to
260.301.
(c) Except as otherwise provided in this paragraph, the
court shall exclude the general public from hearings under this
chapter and shall admit only those persons who, in the
discretion of the court, have a direct interest in the case or
in the work of the court. The court shall permit the victim of
a child's delinquent act to attend any related delinquency
proceeding, except that the court may exclude the victim:
(1) as a witness under the Rules of Criminal Procedure; and
(2) from portions of a certification hearing to discuss
psychological material or other evidence that would not be
accessible to the public.
The court shall open the hearings to the public in delinquency
or extended jurisdiction juvenile proceedings where the child is
alleged to have committed an offense or has been proven to have
committed an offense that would be a felony if committed by an
adult and the child was at least 16 years of age at the time of
the offense, except that the court may exclude the public from
portions of a certification hearing to discuss psychological
material or other evidence that would not be accessible to the
public in an adult proceeding.
(d) In all delinquency cases a person named in the charging
clause of the petition as a person directly damaged in person or
property shall be entitled, upon request, to be notified by the
court administrator in writing, at the named person's last known
address, of (1) the date of the certification or adjudicatory
hearings, and (2) the disposition of the case.
(e) Adoption hearings shall be conducted in accordance with
the provisions of laws relating to adoptions.
Sec. 8. Minnesota Statutes 1997 Supplement, section
260.161, subdivision 2, is amended to read:
Subd. 2. [PUBLIC INSPECTION OF RECORDS.] (a) 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):
(1) by order of a court, (b); or
(2) 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.
(b) The victim of the any alleged delinquent act may, 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., obtain the following
information, unless it reasonably appears that the request is
prompted by a desire on the part of the requester to engage in
unlawful activities:
(1) the name and age of the juvenile;
(2) the act for which the juvenile was petitioned and date
of the offense; and
(3) the disposition, including but not limited to,
dismissal of the petition, diversion, probation and conditions
of probation, detention, fines, or restitution.
(c) 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.
(d) 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.
(e) A county attorney may give a law enforcement agency
that referred a delinquency matter to the county attorney a
summary of the results of that referral, including the details
of any juvenile court disposition.
Sec. 9. Minnesota Statutes 1997 Supplement, 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 Laws 1997,
chapter 239, 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 1 or 4.
Sec. 10. Minnesota Statutes 1996, section 260.165, is
amended by adding a subdivision to read:
Subd. 2a. [PROTECTIVE PAT-DOWN SEARCH OF CHILD
AUTHORIZED.] (a) A peace officer who takes a child of any age or
gender into custody under the provisions of this section is
authorized to perform a protective pat-down search of the child
in order to protect the officer's safety.
(b) A peace officer also may perform a protective pat-down
search of a child in order to protect the officer's safety in
circumstances where the officer does not intend to take the
child into custody, if this section authorizes the officer to
take the child into custody.
(c) Evidence discovered in the course of a lawful search
under this section is admissible.
Sec. 11. Minnesota Statutes 1996, section 260.255, is
amended to read:
260.255 [CIVIL JURISDICTION OVER PERSONS CONTRIBUTING TO
DELINQUENCY, STATUS AS A JUVENILE PETTY OFFENDER, OR NEED FOR
PROTECTION OR SERVICES; COURT ORDERS.]
Subdivision 1. [JURISDICTION.] The juvenile court has
civil jurisdiction over persons contributing to the delinquency,
status as a juvenile petty offender, or need for protection or
services of a child under the provisions of subdivision 2 or 3
this section.
Subd. 1a. [PETITION; ORDER TO SHOW CAUSE.] A request for
jurisdiction over a person described in subdivision 1 shall be
initiated by the filing of a verified petition by the county
attorney having jurisdiction over the place where the child is
found, resides, or where the alleged act of contributing
occurred. A prior or pending petition alleging that the child
is delinquent, a juvenile petty offender, or in need of
protection or services is not a prerequisite to a petition under
this section. The petition shall allege the factual basis for
the claim that the person is contributing to the child's
delinquency, status as a juvenile petty offender, or need for
protection or services. If the court determines, upon review of
the verified petition, that probable cause exists to believe
that the person has contributed to the child's delinquency,
status as a juvenile petty offender, or need for protection or
services, the court shall issue an order to show cause why the
person should not be subject to the jurisdiction of the court.
The order to show cause and a copy of the verified petition
shall be served personally upon the person and shall set forth
the time and place of the hearing to be conducted under
subdivision 2.
Subd. 2. [HEARING.] If in (a) The court shall conduct a
hearing on the petition in accordance with the procedures
contained in paragraph (b).
(b) Hearings under this subdivision shall be without a jury.
The rules of evidence promulgated pursuant to section 480.0591
and the provisions under section 260.156 shall apply. In all
proceedings under this section, the court shall admit only
evidence that would be admissible in a civil trial. When the
respondent is an adult, hearings under this subdivision shall be
open to the public. Hearings shall be conducted within five
days of personal service of the order to show cause and may be
continued for a reasonable period of time if a continuance is in
the best interest of the child or in the interests of justice.
(c) At the conclusion of the hearing of a case of a child
alleged to be delinquent or in need of protection or services it
appears, if the court finds by a fair preponderance of the
evidence that any person has violated the provisions of the
person has contributed to the child's delinquency, status as a
juvenile petty offender, or need for protection or services, as
defined in section 260.315, the court may make any of the
following orders:
(a) (1) restrain the person from any further act or
omission in violation of section 260.315; or
(b) (2) prohibit the person from associating or
communicating in any manner with the child; or
(c) Provide for the maintenance or care of the child, if
the person is responsible for such, and direct when, how, and
where money for such maintenance or care shall be paid.
(3) require the person to participate in evaluation or
services determined necessary by the court to correct the
conditions that contributed to the child's delinquency, status
as a juvenile petty offender, or need for protection or
services;
(4) require the person to provide supervision, treatment,
or other necessary care;
(5) require the person to pay restitution to a victim for
pecuniary damages arising from an act of the child relating to
the child's delinquency, status as a juvenile petty offender, or
need for protection or services;
(6) require the person to pay the cost of services provided
to the child or for the child's protection; or
(7) require the person to provide for the child's
maintenance or care if the person is responsible for the
maintenance or care, and direct when, how, and where money for
the maintenance or care shall be paid. If the person is
receiving public assistance for the child's maintenance or care,
the court shall authorize the public agency responsible for
administering the public assistance funds to make payments
directly to vendors for the cost of food, shelter, medical care,
utilities, and other necessary expenses.
(d) An order issued under this section shall be for a fixed
period of time, not to exceed one year. The order may be
renewed or modified prior to expiration upon notice and motion
when there has not been compliance with the court's order or the
order continues to be necessary to eliminate the contributing
behavior or to mitigate its effect on the child.
Subd. 3. [CRIMINAL PROCEEDINGS.] Before making any order
under subdivision 2 the court shall issue an order to show
cause, either upon its own motion or upon a verified petition,
specifying the charges made against the person and fixing the
time and place of the hearing. The order to show cause shall be
served personally and shall be heard in the same manner as
provided in other cases in the juvenile court. The county
attorney may bring both a criminal proceeding under section
260.315 and a civil action under this section.
Sec. 12. Minnesota Statutes 1996, section 260.315, is
amended to read:
260.315 [CRIMINAL JURISDICTION FOR CONTRIBUTING TO NEED FOR
PROTECTION OR SERVICES, STATUS AS A JUVENILE PETTY OFFENDER, OR
DELINQUENCY.]
Subdivision 1. [CRIMES.] (a) Any person who by act, word,
or omission encourages, causes, or contributes to the need for
protection or services or delinquency of a child, or to a
child's status as a juvenile petty offender, is guilty of
a gross misdemeanor.
(b) This section does not apply to licensed social service
agencies and outreach workers who, while acting within the scope
of their professional duties, provide services to runaway
children.
Subd. 2. [COMPLAINT; VENUE.] A complaint under this
section may be filed by the county attorney having jurisdiction
where the child is found, resides, or where the alleged act of
contributing occurred. The complaint may be filed in either the
juvenile or criminal divisions of the district court. A prior
or pending petition alleging that the child is delinquent, a
juvenile petty offender, or in need of protection or services is
not a prerequisite to a complaint or a conviction under this
section.
Subd. 3. [AFFIRMATIVE DEFENSE.] If the child is alleged to
be delinquent or a juvenile petty offender, or if the child's
conduct is the basis for the child's need for protection or
services, it is an affirmative defense to a prosecution under
subdivision 1 if the defendant proves, by a preponderance of the
evidence, that the defendant took reasonable steps to control
the child's conduct.
Sec. 13. Laws 1997, chapter 239, article 1, section 12,
subdivision 3, is amended to read:
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 and
youth at risk. All youth shall be 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
juveniles 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.
Sec. 14. [260.162] [REPORT ON JUVENILE DELINQUENCY
PETITIONS.]
The state court administrator shall annually prepare and
present to the chairs and ranking minority members of the house
judiciary committee and the senate crime prevention committee
aggregate data by judicial district on juvenile delinquency
petitions. The report must include, but need not be limited to,
information on the act for which a delinquency petition is
filed, the age of the juvenile, the county where the petition
was filed, the outcome of the petition, such as dismissal,
continuance for dismissal, continuance without adjudication, and
the disposition of the petition such as diversion, detention,
probation, restitution, or fine. The report must be prepared on
a calendar year basis and be submitted annually beginning July
1, 1999.
Sec. 15. [LICENSING MORATORIUM; JUVENILE FACILITIES.]
Subdivision 1. [MORATORIUM; COMMISSIONER OF CORRECTIONS.]
Except as provided in subdivision 4, the commissioner of
corrections may not:
(1) issue any license under Minnesota Statutes, section
241.021, to operate a new correctional facility for the
detention or confinement of juvenile offenders that will include
more than 25 beds for juveniles; or
(2) renew a license under Minnesota Statutes, section
241.021, to operate a correctional facility licensed before the
effective date of this moratorium, for the detention or
confinement of juvenile offenders, if the number of beds in the
facility will increase by more than 25 beds since the time the
most recent license was issued.
Subd. 2. [MORATORIUM; COMMISSIONER OF HUMAN SERVICES.]
Except as provided in subdivision 4, the commissioner of human
services may not:
(1) issue any license under Minnesota Rules, parts
9545.0905 to 9545.1125, for the residential placement of
juveniles at a facility that will include more than 25 beds for
juveniles; or
(2) renew a license under Minnesota Rules, parts 9545.0905
to 9545.1125, for the residential placement of juveniles at a
facility licensed before the effective date of this moratorium,
if the number of beds in the facility will increase by more than
25 beds since the time the most recent license was issued.
Subd. 3. [MORATORIUM; OTHER BEDS.] Except as provided in
subdivision 4, no state agency may:
(1) issue a license for any new facility that will provide
an out-of-home placement for more than 25 juveniles at one time;
or
(2) renew a license for any existing facility licensed
before the effective date of this moratorium, if the number of
beds in the facility will increase by more than 25 beds since
the time the most recent license was issued.
For the purposes of this subdivision, "juvenile" means a
delinquent child, as defined in Minnesota Statutes, section
260.015, subdivision 5; a juvenile petty offender, as defined in
Minnesota Statutes, section 260.015, subdivision 21; or a child
in need of protection or services, as defined in Minnesota
Statutes, section 260.015, subdivision 2a.
Subd. 4. [EXEMPTIONS.] The moratorium in this section does
not apply to:
(1) any secure juvenile detention and treatment facility,
which is funded in part through a grant under Laws 1994, chapter
643, section 79;
(2) the department of corrections facilities at Red Wing
and Sauk Centre;
(3) the proposed department of corrections facility at Camp
Ripley;
(4) any facility that submitted a formal request for
licensure under Minnesota Statutes, section 241.021, before
December 31, 1997;
(5) any residential academy receiving state funding for
fiscal year 1998 or 1999 for capital improvements;
(6) a license that replaces an existing license issued by
the commissioner of health to a psychiatric hospital in Rice
county that primarily serves children and adolescents, which new
license replaces one-for-one the number of beds previously
licensed by the commissioner of health; and
(7) the department of human services juvenile treatment
programs located at Brainerd regional human services center and
Willmar regional treatment center, which receive court-ordered
admissions.
Subd. 5. [MORATORIUM; LENGTH.] The moratorium in this
section stays in effect until June 30, 1999.
Sec. 16. [JUVENILE PLACEMENT STUDY.]
The legislative audit commission is requested to direct the
legislative auditor to conduct a study of juvenile out-of-home
placements. The study must include:
(1) an evaluation of existing placements for juveniles,
including, but not limited to, the number of beds at each
facility, the average number of beds occupied each day at each
facility, and the location of each facility, and an analysis of
the projected need for an increased number of beds for juvenile
out-of-home placements, including the geographic area where beds
will be needed;
(2) an evaluation of existing services and programming
provided in juvenile out-of-home placements and an assessment of
the types of services and programming that are needed in
juvenile out-of-home placements, by geographic area;
(3) an evaluation of the utilization of continuum of care;
(4) an assessment of the reasons why juveniles are placed
outside their homes;
(5) a summary of the demographics of juveniles placed
outside their homes, by county, including information on race,
gender, age, and other relevant factors;
(6) a summary of the geographic distance between the
juvenile's home and the location of the out-of-home placement,
including observations for the reasons a juvenile was placed at
a particular location;
(7) a determination of the average length of time that a
juvenile in Minnesota spends in an out-of-home placement and a
determination of the average length of time that a juvenile
spends in each type of out-of-home placement, including, but not
limited to, residential treatment centers, correctional
facilities, and group homes;
(8) a determination of the completion rates of juveniles
participating in programming in out-of-home placements and an
analysis of the reasons for noncompletion of programming;
(9) a determination of the percentage of juveniles whose
out-of-home placement ends due to the juvenile's failure to meet
the rules and conditions of the out-of-home placement and an
analysis of the reasons the juvenile failed;
(10) an analysis of the effectiveness of the juvenile
out-of-home placement, including information on recidivism,
where applicable, and the child's performance after returning to
the child's home;
(11) an estimate of the cost each county spends on juvenile
out-of-home placements;
(12) a description and examination of the per diem
components per offender at state, local, and private facilities
providing placements for juveniles; and
(13) any other issues that may affect juvenile out-of-home
placements.
If the commission directs the auditor to conduct this
study, the auditor shall report its findings to the chairs and
ranking minority members of the house and senate committees and
divisions with jurisdiction over criminal justice policy and
funding by January 15, 1999.
Sec. 17. [REPEALER.]
Minnesota Statutes 1996, section 260.261, is repealed.
Sec. 18. [EFFECTIVE DATE.]
Sections 1 and 3 are effective July 1, 1998. Sections 2,
9, 10, 13, 15, and 16 are effective the day following final
enactment. Sections 4 to 8, 11, 12, 14, and 17 are effective
August 1, 1998, and apply to acts occurring on or after that
date.
ARTICLE 11
OTHER PROVISIONS
Section 1. Minnesota Statutes 1996, section 12.09, is
amended by adding a subdivision to read:
Subd. 9. [VOLUNTEER RESOURCES COORDINATION.] The division
shall provide ongoing coordination of a network of state, local,
and federal government agencies and private organizations to
ensure the smooth coordination of donations and volunteerism
during major disasters. Duties include:
(1) hotline management, including training, staffing,
information distribution, and coordination with emergency
operations management;
(2) coordination between government and private relief
agencies;
(3) networking with volunteer organizations;
(4) locating resources for anticipated disaster needs and
making these resources available to local governments in a
database;
(5) training in disaster preparation;
(6) revising existing plans based on experience with
disasters and testing the plans with simulated disasters; and
(7) maintaining public information about disaster donations
and volunteerism.
Sec. 2. Minnesota Statutes 1996, section 13.99, is amended
by adding a subdivision to read:
Subd. 90c. [ARSON INVESTIGATIVE DATA SYSTEM.] Data in the
arson investigative data system are classified in section
299F.04, subdivision 3a.
Sec. 3. Minnesota Statutes 1997 Supplement, section
168.042, subdivision 11a, is amended to read:
Subd. 11a. [CHARGE FOR REINSTATEMENT OF REGISTRATION
PLATES IN CERTAIN SITUATIONS.] When the registrar of motor
vehicles reinstates a person's registration plates after
impoundment for reasons other than those described in
subdivision 11, the registrar shall charge the person $25 $50
for each vehicle for which the registration plates are being
reinstated. Money raised under this subdivision must be paid
into the state treasury and credited to the highway user tax
distribution fund.
Sec. 4. Minnesota Statutes 1996, section 168.042,
subdivision 12, is amended to read:
Subd. 12. [ISSUANCE OF SPECIAL REGISTRATION PLATES.] A
violator or registered owner may apply to the commissioner for
new registration plates, which must bear a special series of
numbers or letters so as to be readily identified by traffic law
enforcement officers. The commissioner may authorize the
issuance of special plates if:
(1) the violator has a qualified licensed driver whom the
violator must identify;
(2) the violator or registered owner has a limited license
issued under section 171.30;
(3) the registered owner is not the violator and the
registered owner has a valid or limited driver's license; or
(4) a member of the registered owner's household has a
valid driver's license.
The commissioner may issue the special plates on payment of a
$25 $50 fee for each vehicle for which special plates are
requested.
Sec. 5. Minnesota Statutes 1996, section 168.042,
subdivision 15, is amended to read:
Subd. 15. [FEES CREDITED TO HIGHWAY USER FUND.] Fees
collected from the sale or reinstatement of license plates under
this section must be paid into the state treasury and
credited one-half to the highway user tax distribution fund and
one-half to the general fund.
Sec. 6. [169.1219] [REMOTE ELECTRONIC ALCOHOL MONITORING
PROGRAM.]
Subdivision 1. [DEFINITIONS.] As used in this section, the
following terms have the meanings given.
(a) "Breath analyzer unit" means a device that performs
breath alcohol testing and is connected to a remote electronic
alcohol monitoring system.
(b) "Remote electronic alcohol monitoring system" means a
system that electronically monitors the alcohol concentration of
individuals in their homes or other locations to ensure
compliance with conditions of pretrial release, supervised
release, or probation.
Subd. 2. [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 program to use breath analyzer
units to monitor DWI offenders who are ordered to abstain from
alcohol use as a condition of pretrial release, supervised
release, or probation. The program must include procedures to
ensure that violators of this condition of release receive swift
consequences for the violation.
Subd. 3. [COSTS OF PROGRAM.] Offenders who are ordered to
participate in the program 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 in a manner proportional to their use of remote
electronic alcohol monitoring for any costs the districts incur
in participating in the program.
Subd. 4. [REPORT REQUIRED.] After five years, the
commissioner of corrections shall evaluate the effectiveness of
the program and report the results of this evaluation to the
conference of chief judges, the state court administrator, the
commissioner of public safety, and the chairs and ranking
minority members of the house and senate committees and
divisions having jurisdiction over criminal justice policy and
funding.
Sec. 7. Minnesota Statutes 1997 Supplement, 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 $40 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 is appropriated as follows:
(i) The first $200,000 in a fiscal year is to the
commissioner of children, families, and learning for programs in
elementary and secondary schools.
(ii) The remainder credited in a fiscal year is
appropriated to the commissioner of transportation to be spent
as grants to the Minnesota highway safety center at St. Cloud
State University for programs relating to alcohol and highway
safety education 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 $40 surcharge shall be credited to a separate
account to be known as the remote electronic alcohol monitoring
pilot program account. 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. 8. Minnesota Statutes 1996, section 299A.61, is
amended by adding a subdivision to read:
Subd. 4. [CHARGES FOR SERVICES AUTHORIZED.] The
commissioner of public safety may charge a fee to members of the
network for the services that the network provides. Money
collected from these fees is appropriated to the commissioner of
public safety and must be used for network expenses.
Sec. 9. Minnesota Statutes 1996, section 299F.04, is
amended by adding a subdivision to read:
Subd. 3a. [ARSON INVESTIGATIVE DATA SYSTEM.] (a) As used
in this section, "criminal justice agency" means state and local
prosecution authorities, state and local law enforcement
agencies, local fire departments, and the office of state fire
marshal.
(b) The state fire marshal shall administer and maintain a
computerized arson investigative data system for the purpose of
assisting criminal justice agencies in the investigation and
prosecution of suspected arson violations. This data system is
separate from the reporting system maintained by the department
of public safety under section 299F.05, subdivision 2. The
system consists of data on individuals who are 14 years old or
older who law enforcement agencies determine are or may be
engaged in arson activity. Notwithstanding section 260.161,
subdivision 3, data in the system on adults and juveniles may be
maintained together. Data in the system must be submitted and
maintained as provided in this subdivision.
(c) Subject to the provisions of paragraph (d), a criminal
justice agency may submit the following data on suspected arson
violations to the arson investigative data system:
(1) the suspect's name, known aliases, if any, and other
identifying characteristics;
(2) the modus operandi used to commit the violation,
including means of ignition;
(3) any known motive for the violation;
(4) any other crimes committed as part of the same
behavioral incident;
(5) the address of the building, the building owner's
identity, and the building occupant's identity; and
(6) the name of the reporting agency and a contact person.
A criminal justice agency that reports data to the arson
investigative data system shall maintain records documenting the
data in its own records system for at least the time period
specified in paragraph (e).
(d) The state fire marshal shall maintain in the arson
investigative data system any of the data reported under
paragraph (c) that the fire marshal believes will assist in the
investigation and prosecution of arson cases. In lieu of or in
connection with any of these data, the state fire marshal may
include in the data system a reference to the criminal justice
agency that originally reported the data, with a notation to
system users that the agency is the repository of more detailed
information on the particular suspected arson violation.
(e) Notwithstanding section 138.17, the state fire marshal
shall destroy data on juveniles entered into the system when
three years have elapsed since the data were entered into the
system, except as otherwise provided in this paragraph. If the
fire marshal has information that, since entry of data into the
system, the juvenile 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, the data
must be maintained until three years have elapsed since the last
record of a conviction, adjudication, or stayed adjudication of
the individual. Upon request of the criminal justice agency
that submitted data to the system, the state fire marshal shall
destroy the data regardless of whether three years have elapsed
since the data were entered into the system.
(f) Data in the arson investigative data system are
confidential data on individuals as defined in section 13.02,
subdivision 3, but are accessible to criminal justice agencies.
Sec. 10. Minnesota Statutes 1996, section 299M.01,
subdivision 7, is amended to read:
Subd. 7. [FIRE PROTECTION SYSTEM.] "Fire protection
system" means a sprinkler, standpipe, hose system, or other
special hazard system for fire protection purposes only, that is
composed of an integrated system of underground and overhead
piping connected to a potable water source. "Fire protection
system" does not include the water service piping to a city
water main, or piping used for potable water purposes, or piping
used for heating or cooling purposes. Openings from potable
water piping for fire protection systems must be made by persons
properly licensed under section 326.40. Persons properly
licensed under section 326.40 may also sell, design, install,
modify or inspect a standpipe, hose system only.
Sec. 11. Minnesota Statutes 1996, section 299M.02, is
amended to read:
299M.02 [ADVISORY COUNCIL.]
Subdivision 1. [COMPENSATION; REMOVAL; EXPIRATION
CREATION.] The Minnesota commissioner shall establish a fire
protection advisory council on fire protection systems and its
members are governed by section 15.059, except that the terms of
members are governed by subdivision 2.
Subd. 2. [MEMBERSHIP.] The council consists of the
commissioner of public safety, or the commissioner's designee,
the commissioner of labor and industry or the commissioner's
designee, and eight members appointed for a term of three years
by the governor commissioner. Two members must be licensed fire
protection contractors or full-time, managing employees actively
engaged in a licensed fire protection contractor business. Two
members must be journeyman sprinkler fitters certified as
competent under this chapter. One member of the council must be
an active member of the Minnesota State Fire Chiefs
Association. One member must be an active member of the Fire
Marshals Association of Minnesota. One member must be a
building official certified by the department of administration,
who is professionally competent in fire protection system
inspection. One member must be a member of the general public.
The commissioners commissioner or their designees are designee
is a nonvoting members member.
Subd. 3. [DUTIES.] The council shall advise the
commissioners commissioner of public safety and labor and
industry on matters within the council's expertise or under the
regulation of the commissioners commissioner.
Sec. 12. Minnesota Statutes 1996, section 299M.03,
subdivision 1, is amended to read:
Subdivision 1. [CONTRACTOR LICENSE.] Except for
residential installations by the owner of an occupied one- or
two-family dwelling, a person may not sell, design, install,
modify, or inspect a fire protection system, its parts, or
related equipment, or offer to do so, unless annually licensed
to perform these duties as a fire protection contractor. No
license is required under this section for a person licensed as
a professional engineer under section 326.03 who is competent in
fire protection system design or a person licensed as an alarm
and communication contractor under section 326.2421 for
performing activities authorized by that license.
Sec. 13. Minnesota Statutes 1996, section 299M.03,
subdivision 2, is amended to read:
Subd. 2. [JOURNEYMAN CERTIFICATE.] Except for residential
installations by the owner of an occupied one- or two-family
dwelling, a person may not install, connect, alter, repair, or
add to a fire protection system, under the supervision of a fire
protection contractor, unless annually certified to perform
those duties as a journeyman sprinkler fitter or as a registered
apprentice sprinkler fitter. This subdivision does not apply to
a person altering or repairing a fire protection system if the
system uses low pressure water and the system is located in a
facility regulated under the federal Mine Occupational Safety
and Health Act.
Sec. 14. Minnesota Statutes 1996, section 299M.04, is
amended to read:
299M.04 [RULES; SETTING FEES; ORDERS; PENALTIES.]
The commissioner shall adopt permanent rules for operation
of the council; regulation by municipalities; permit, filing,
inspection, certificate, and license fees; qualifications,
examination, and licensing of fire protection contractors;
certification of journeyman sprinkler fitters; registration of
apprentices; and the administration and enforcement of this
chapter. Fees must be set under section 16A.1285. Permit fees
must be a percentage of the total cost of the fire protection
work.
The commissioner may issue a cease and desist order to
cease an activity considered an immediate risk to public health
or public safety. The commissioner shall adopt permanent rules
governing when an order may be issued; how long the order is
effective; notice requirements; and other procedures and
requirements necessary to implement, administer, and enforce the
provisions of this chapter.
The commissioner, in place of or in addition to licensing
sanctions allowed under this chapter, may impose a civil penalty
not greater than $1,000 for each violation of this chapter or
rule adopted under this chapter, for each day of violation. The
commissioner shall adopt permanent rules governing and
establishing procedures for implementation, administration, and
enforcement of this paragraph.
Sec. 15. Minnesota Statutes 1996, section 299M.08, is
amended to read:
299M.08 [PENALTY.]
It is a misdemeanor for any person to intentionally commit
or direct another person to commit either of the following acts:
(1) to make a false statement in a license application,
request for inspection, certificate, or other form or statement
authorized or required under this chapter; or
(2) to perform fire protection system work without a proper
permit, when required, and or without a license or certificate
for that work.
Sec. 16. Minnesota Statutes 1996, section 299M.12, is
amended to read:
299M.12 [CONFLICTS OF LAWS.]
This chapter is not intended to conflict with and does not
supersede the Minnesota state building code, or the Minnesota
uniform fire code, or other state law.
Sec. 17. Minnesota Statutes 1997 Supplement, section
504.181, subdivision 1, is amended to read:
Subdivision 1. [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 covenant that:
(1) neither will:
(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; or
(iv) allow stolen property or property obtained by robbery
in those 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 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. 18. [604.12] [RESTRICTIONS ON DENYING ACCESS TO
PLACES OF PUBLIC ACCOMMODATION; CIVIL ACTIONS.]
Subdivision 1. [DEFINITIONS.] As used in this section:
(1) "place of public accommodation" has the meaning given
in section 363.01, subdivision 33, but excludes recreational
trails;
(2) "criminal gang" has the meaning given in section
609.229, subdivision 1; and
(3) "obscene" has the meaning given in section 617.241,
subdivision 1.
Subd. 2. [PROHIBITION.] (a) A place of public
accommodation may not restrict access, admission, or usage to a
person solely because the person operates a motorcycle or is
wearing clothing that displays the name of an organization or
association.
(b) This subdivision does not prohibit the restriction of
access, admission, or usage to a person because:
(1) the person's conduct poses a risk to the health or
safety of another or to the property of another; or
(2) the clothing worn by the person is obscene or includes
the name or symbol of a criminal gang.
Subd. 3. [CIVIL CAUSE OF ACTION.] A person injured by a
violation of subdivision 2 may bring an action for actual
damages, punitive damages under sections 549.191 and 549.20 in
an amount not to exceed $500, injunctive relief, and reasonable
attorney fees in an amount not to exceed $500.
Subd. 4. [VIOLATION NOT A CRIME.] Notwithstanding section
645.241, a violation of subdivision 2 is not a crime.
Sec. 19. Minnesota Statutes 1996, section 609A.03,
subdivision 2, is amended to read:
Subd. 2. [CONTENTS OF PETITION.] A petition for
expungement shall be signed under oath by the petitioner and
shall state the following:
(1) the petitioner's full name and all other legal names or
aliases by which the petitioner has been known at any time;
(2) the petitioner's date of birth;
(3) all of the petitioner's addresses from the date of the
offense or alleged offense in connection with which an
expungement order is sought, to the date of the petition;
(4) why expungement is sought, if it is for employment or
licensure purposes, the statutory or other legal authority under
which it is sought, and why it should be granted;
(5) the details of the offense or arrest for which
expungement is sought, including date and jurisdiction of the
occurrence, court file number, and date of conviction or of
dismissal;
(6) in the case of a conviction, what steps the petitioner
has taken since the time of the offense toward personal
rehabilitation, including treatment, work, or other personal
history that demonstrates rehabilitation;
(7) petitioner's criminal conviction record indicating all
convictions for misdemeanors, gross misdemeanors, or felonies in
this state, and for all comparable convictions in any other
state, federal court, or foreign country, whether the
convictions occurred before or after the arrest or conviction
for which expungement is sought; and
(8) petitioner's criminal charges record indicating all
prior and pending criminal charges against the petitioner in
this state or another jurisdiction, including all criminal
charges that have been continued for dismissal or stayed for
adjudication, or have been the subject of pretrial diversion;
and
(9) all prior requests by the petitioner, whether for the
present offense or for any other offenses, in this state or any
other state or federal court, for pardon, return of arrest
records, or expungement or sealing of a criminal record, whether
granted or not, and all stays of adjudication or imposition of
sentence involving the petitioner.
Sec. 20. [626.74] [COMPENSATION FOR DAMAGE CAUSED BY PEACE
OFFICERS IN PERFORMING LAW ENFORCEMENT DUTIES.]
Subdivision 1. [DEFINITIONS.] As used in this section:
(1) "just compensation" means the compensation owed to an
innocent third party under the state constitution by a Minnesota
local government unit due to property damage caused by a peace
officer in the course of executing a search warrant or
apprehending a criminal suspect; and
(2) "peace officer" has the meaning given in section 626.84.
Subd. 2. [RESPONSIBLE GOVERNMENT UNIT; EXECUTION OF SEARCH
WARRANT.] If just compensation is owed for damage caused in the
execution of a search warrant or the apprehension of a criminal
suspect, the Minnesota local government unit employing the peace
officer who sought issuance of the warrant or initiated the
apprehension is responsible for paying the compensation. Except
as otherwise provided in this subdivision, if the search warrant
is executed or the apprehension is accomplished by a peace
officer from another Minnesota local government unit in aid of
the officer originating the warrant or initiating the
apprehension, the responsibility for paying just compensation
remains with the Minnesota local government unit employing the
officer who originated the warrant or initiated the
apprehension. In the event the property damage is caused by the
negligence of a peace officer, the Minnesota local government
unit employing that peace officer is responsible for paying just
compensation.
Sec. 21. [626.92] [ENFORCEMENT AUTHORITY; FOND DU LAC BAND
OF LAKE SUPERIOR CHIPPEWA.]
Subdivision 1. [DEFINITION.] As used in this section,
"band" means the Fond du Lac Band of Lake Superior Chippewa, a
federally recognized Indian tribe organized pursuant to the
Indian Reorganization Act of 1934, 25 United States Code,
section 476, and which occupies the Fond du Lac reservation
pursuant to the Treaty of LaPointe, 10 Stat. 1109.
Subd. 2. [LAW ENFORCEMENT AGENCY.] (a) The band has the
powers of a law enforcement agency, as defined in section
626.84, subdivision 1, paragraph (h), if all of the requirements
of clauses (1) to (4) and paragraph (b) are met:
(1) the band agrees to be subject to liability for its
torts and those of its officers, employees, and agents acting
within the scope of their employment or duties arising out of
the law enforcement agency powers conferred by this section to
the same extent as a municipality under chapter 466, and the
band further agrees, notwithstanding section 16B.06, subdivision
6, to waive its sovereign immunity for purposes of claims
arising out of this liability;
(2) the band files with the board of peace officer
standards and training a bond or certificate of insurance for
liability coverage for the maximum amounts set forth in section
466.04 or establishes that liability coverage exists under the
Federal Torts Claims Act, 28 United States Code, section
1346(b), et. al., as extended to the band pursuant to the Indian
Self-Determination and Education Assistance Act of 1975, 25
United States Code, section 450f(c);
(3) the band files with the board of peace officer
standards and training a certificate of insurance for liability
of its law enforcement officers, employees, and agents for
lawsuits under the United States Constitution or establishes
that liability coverage exists under the Federal Torts Claims
Act, 28 United States Code, section 1346(b) et al., as extended
to the band pursuant to the Indian Self-Determination and
Education Assistance Act of 1975, 25 United States Code, section
450F(c); and
(4) the band agrees to be subject to section 13.82 and any
other laws of the state relating to data practices of law
enforcement agencies.
(b) By July 1, 1998, the band shall enter into written
mutual aid or cooperative agreements with the Carlton county
sheriff, the St. Louis county sheriff, and the city of Cloquet
under section 471.59 to define and regulate the provision of law
enforcement services under this section. The agreements must
define the following:
(1) the trust property involved in the joint powers
agreement;
(2) the responsibilities of the county sheriffs;
(3) the responsibilities of the county attorneys; and
(4) the responsibilities of the city of Cloquet city
attorney and police department.
Subd. 3. [CONCURRENT JURISDICTION.] The band shall have
concurrent jurisdictional authority under this section with the
Carlton county and St. Louis county sheriffs' departments over
crimes committed within the boundaries of the Fond du Lac
reservation as indicated by the mutual aid or cooperative
agreements entered into under subdivision 2, paragraph (b), and
any exhibits or attachments to those agreements.
Subd. 4. [PEACE OFFICERS.] If the band complies with the
requirements set forth in subdivision 2, the band is authorized
to appoint peace officers, as defined in section 626.84,
subdivision 1, paragraph (c), who have the same powers as peace
officers employed by local units of government.
Subd. 5. [EFFECT ON FEDERAL LAW.] Nothing in this section
shall be construed to restrict the band's authority under
federal law.
Subd. 6. [CONSTRUCTION.] This section is limited to law
enforcement authority only, and nothing in this section shall
affect any other jurisdictional relationships or disputes
involving the band.
Sec. 22. [AUTOMOBILE THEFT PREVENTION BOARD; REPORT
REQUIRED.]
By February 15, 1999, the automobile theft prevention board
shall report to the chairs and ranking minority members of the
house and senate committees and divisions having jurisdiction
over criminal justice policy and funding on the board's
activities since its inception. The report must include
detailed information on all facets of the automobile theft
prevention program, including but not limited to, money
distributed; educational programs conducted; automobile theft
prevention plans, programs, and strategies developed or
sponsored; and audits conducted pursuant to Minnesota Statutes,
section 168A.40. In addition, and if possible, the report must
include information on automobile theft rates, how automobile
thefts are treated in the criminal justice system, and the types
of criminal sanctions generally imposed on offenders who are
convicted of automobile theft. The report must indicate any
changes or trends related to automobile thefts occurring over
the past two years.
Sec. 23. [FAIR HOUSING GRANTS.]
Subdivision 1. [DEFINITIONS.] For the purposes of this
section, the following terms have the meanings given:
(1) "Eligible organization" means a nonprofit organization
that has at least one year of experience in at least two of the
following fair housing activities:
(a) housing discrimination complaint intake and
investigation;
(b) testing for housing discrimination;
(c) community auditing for housing discrimination;
(d) public education about rights and obligations under
fair housing laws; and
(e) outreach programs to build public support for fair
housing and to prevent housing discrimination; and
(2) "Housing discrimination" means a violation of a federal
or state law, or of a local ordinance, that prohibits housing
discrimination, including, but not limited to, an unfair
discriminatory practice under Minnesota Statutes, section
363.03, subdivision 2 or 2a, and a discriminatory housing
practice in violation of the federal Fair Housing Act, United
States Code, title 42, section 3601, et seq.
Subd. 2. [GRANTS.] The commissioner of human rights may
make grants to eligible organizations to:
(1) provide public education concerning fair housing;
(2) undertake outreach efforts to build community support
for fair housing;
(3) undertake testing and community auditing for housing
discrimination; and
(4) perform other fair housing and housing discrimination
research.
Testing for housing discrimination funded by grants made
under this section may be conducted only by persons trained in
testing techniques and may not be conducted by a person
convicted of a felony or other crime involving fraud or
dishonesty.
Sec. 24. [LICENSING STUDY.]
The commissioner of public safety shall study the issue of
licensing private fire investigators and report findings to the
chairs and ranking minority members of the senate crime
prevention and house judiciary committees by January 15, 1999.
Sec. 25. [CONVEYANCE OF STATE LAND TO CITY OF FARIBAULT.]
Subdivision 1. [CONVEYANCE.] Notwithstanding Minnesota
Statutes, sections 92.45 and 94.09 to 94.16, the commissioner of
administration shall convey to the city of Faribault for no
consideration the land described in subdivision 3.
Subd. 2. [FORM.] The conveyance must be in a form approved
by the attorney general and must provide that the land reverts
to the state if Parcels A and B cease to be used for a nature
interpretive center and recreational trail system or if Parcel C
ceases to be used for a municipal park.
Subd. 3. [DESCRIPTION.] (a) The land to be conveyed are
those parts of Section 31, 32, and 33 in Township 110 North,
Range 20 West, and those parts of Sections 4, 5, 6, and 8 in
Township 109 North, Range 20 West, in the city of Faribault,
Rice county, Minnesota, described as follows:
(1) Parcel A: Beginning at the Southeast corner of the
Southeast Quarter of said Section 31; thence South 89
degrees, 58 minutes, 35 seconds West, along the South line
of said Southeast Quarter (for purposes of this description
bearings are assumed and based on said South line being
South 89 degrees, 58 minutes, 35 seconds West), 299.47 feet
to a point in the easterly right-of-way line of the
Chicago, Rock Island and Pacific railroad; thence North 8
degrees, 28 minutes, 35 seconds East, along said easterly
right-of-way line, 64.53 feet to a point in the center line
of the Straight river; thence along said river center line
on the following six courses: (1) North 38 degrees, 39
minutes, 35 seconds East, 291.75 feet; (2) thence North 20
degrees, 9 minutes, 45 seconds East, 681.78 feet; (3)
thence North 34 degrees, 19 minutes, 49 seconds East,
248.24 feet; (4) thence North 0 degrees, 39 minutes, 31
seconds East, 435.03 feet; (5) thence North 18 degrees, 9
minutes, 34 seconds West, 657.76 feet; (6) thence North 46
degrees, 16 minutes, 23 seconds West, 98.54 feet to a point
in the West line of the Southwest Quarter of said Section
32; thence North 0 degrees, 5 minutes, 56 seconds West,
along said West line, 161.66 feet to a point in the
southwesterly right-of-way line of a street known as
Institute Place; thence along said southwesterly line of
Institute Place on the following three courses: (1) South
61 degrees, 31 minutes, 27 seconds East, 56.14 feet; (2)
thence South 53 degrees, 22 minutes, 44 seconds East, 87.77
feet; (3) thence South 44 degrees, 26 minutes, 3 seconds
East, 215.06 feet to the Northeast corner of Block 1 in
AUDITOR'S PLAT NO. 1 OF THE SOUTHWEST QUARTER OF SECTION
32, TOWNSHIP 110 NORTH, RANGE 20 WEST OF THE FIFTH
PRINCIPAL MERIDIAN, FARIBAULT, RICE COUNTY, MINNESOTA;
thence North 89 degrees, 21 minutes, 4 seconds West, along
the North line of said Block 1, a distance of 111.58 feet
to the Northwest corner of said Block 1; thence South 11
degrees, 41 minutes, 14 seconds East, along the West line
of said Block 1, a distance of 202.66 feet; thence South 12
degrees, 51 minutes, 4 seconds East, along said westerly
line of Block 1, a distance of 349.14 feet to the Southwest
corner of said Block 1; thence South 74 degrees, 6 minutes,
4 seconds East, along the southerly line of said Block 1, a
distance of 205.26 feet; thence South 82 degrees, 21
minutes, 4 seconds East, along said southerly line of Block
1, a distance of 106.92 feet to the Southeast corner of
said Block 1; thence South 38 degrees, 13 minutes, 56
seconds West, 194.00 feet; thence South 0 degrees, 13
minutes, 56 seconds West, 1000.00 feet; thence South 46
degrees, 15 minutes, 16 seconds West, 626.46 feet to said
point of beginning;
(2) Parcel B: Commencing at the Northwest corner of the
Northeast Quarter of said Section 5; thence South 89
degrees, 30 minutes, 57 seconds East, along the North line
of said Northeast Quarter of Section 5 (for purposes of
this description bearings are assumed and based on said
North line being South 89 degrees, 30 minutes, 57 seconds
East), a distance of 937.89 feet to the point of beginning
of the parcel to be herein described; thence northwesterly
along a nontangential curve, concave southwesterly (curve
data: delta angle = 64 degrees, 8 minutes, 9 seconds;
radius = 500.00 feet; chord bearing and distance = North 57
degrees, 57 minutes, 11 seconds West, 530.92 feet), an arc
distance of 559.69 feet; thence South 89 degrees, 58
minutes, 44 seconds West, 175.00 feet; thence
northwesterly, along a tangential curve, concave
northeasterly (curve data: delta angle = 90 degrees, 0
minutes, 0 seconds; radius = 80.00 feet; chord bearing and
distance = North 45 degrees, 1 minute, 16 seconds West,
113.14 feet), an arc distance of 125.66 feet; thence North
0 degrees, 1 minute, 16 seconds West, 309.89 feet to a
point in the North line of the South One-fourth of the
Southeast Quarter of said Section 32; thence South 89
degrees, 28 minutes, 9 seconds East, along said North line,
2413.98 feet to a point in the East line of said Southeast
Quarter of Section 32; thence South 0 degrees, 1 minute, 9
seconds East, along said East line, 399.59 feet; thence
South 89 degrees, 38 minutes, 30 seconds East, 826.74 feet;
thence South 0 degrees, 21 minutes, 30 seconds West, 264.00
feet to a point in the North line of the West One-half of
the Northwest Quarter of said Section 4; thence South 89
degrees, 38 minutes, 30 seconds East, along said North
line, 490.37 feet to the Northeast corner of said West
One-half of the Northwest Quarter; thence South 0 degrees,
24 minutes, 20 seconds West, along the East line of said
West One-half of the Northwest Quarter, 2670.04 feet to the
Southeast corner of said West One-half of the Northwest
Quarter; thence South 0 degrees, 24 minutes, 20 seconds
West, along the East line of the Northwest Quarter of the
Southwest Quarter of said Section 4, a distance of 598.97
feet to a point in the center line of the Straight river;
thence South 34 degrees, 34 minutes, 54 seconds West, along
said river center line, 447.98 feet; thence continue along
said river center line, South 13 degrees, 53 minutes, 50
seconds West, 359.52 feet to a point in the South line of
the Northwest Quarter of the Southwest Quarter of said
Section 4; thence North 89 degrees, 35 minutes, 28 seconds
West, along said South line of the Northwest Quarter of the
Southwest Quarter, 983.94 feet to the Southwest corner of
said Northwest Quarter of the Southwest Quarter; thence
North 89 degrees, 38 minutes, 42 seconds West, along the
South line of the Northeast Quarter of the Southeast
Quarter of said Section 5, a distance of 1328.17 feet to
the Southwest corner of said Northeast Quarter of the
Southeast Quarter; thence South 0 degrees, 31 minutes, 57
seconds West, along the East line of the Southwest Quarter
of the Southeast Quarter of said Section 5, a distance of
1320.78 feet to the Southeast corner of said Southwest
Quarter of the Southeast Quarter; thence North 89 degrees,
54 minutes, 59 seconds West, along the South line of said
Southwest Quarter of the Southeast Quarter, 1329.77 feet to
the Southwest corner of said Southwest Quarter of the
Southeast Quarter; thence North 89 degrees, 16 minutes, 29
seconds West, along the North line of the Northwest Quarter
of said Section 8, a distance of 435.63 feet to a point in
the northwesterly line of the City of Faribault Trail;
thence South 61 degrees, 6 minutes, 11 seconds West, along
said Faribault Trail, 20.70 feet to the beginning of a
spiral curve; thence southwesterly along said Faribault
Trail on said spiral curve, concave northwesterly (center
line curve data: radius = 1644.62 feet; spiral angle = 3
degrees, 26 minutes, 57 seconds; spiral arc = 198.00 feet;
chord bearing and distance = South 62 degrees, 14 minutes,
7 seconds West, 191.95 feet), to the beginning of a
circular curve; thence continue southwesterly along said
Faribault Trail on a circular curve, concave northwesterly
(curve data: delta angle = 1 degree, 55 minutes, 51
seconds; radius = 1544.62 feet; chord bearing and distance
= South 65 degrees, 31 minutes, 4 seconds West, 52.05
feet), an arc distance of 52.05 feet; thence continue along
said Faribault Trail, South 23 degrees, 31 minutes, 1
second East, 50.00 feet; thence continue southwesterly
along said Faribault Trail, on a curve, concave
northwesterly (curve data: delta angle = 38 degrees, 51
minutes, 59 seconds; radius = 1594.62 feet; chord bearing
and distance = South 85 degrees, 54 minutes, 58 seconds
West, 1061.08 feet), an arc distance of 1081.70 feet;
thence South 21 degrees, 30 minutes, 5 seconds West, 465.54
feet to a point in the center line of Glynview Trail
(county state aid highway 19); thence North 48 degrees, 33
minutes, 14 seconds West, along said Glynview Trail center
line, 214.36 feet; thence North 29 degrees, 20 minutes, 41
seconds East, 285.93 feet to a point in the southwesterly
line of said Faribault Trail; thence North 11 degrees, 41
minutes, 14 seconds East, 101.49 feet to a point in the
northwesterly line of said Faribault Trail; thence North 40
degrees, 40 minutes, 22 seconds East, 265.18 feet to a
point in said North line of the Northwest Quarter of
Section 8; thence North 42 degrees, 10 minutes, 22 seconds
East, 308.20 feet; thence North 62 degrees, 10 minutes, 22
seconds East, 205.00 feet to a point in the West line of
the Southeast Quarter of the Southwest Quarter of said
Section 5; thence North 0 degrees, 40 minutes, 22 seconds
East, along said West line, 410.33 feet to a point in the
center line of said Straight river; thence northwesterly
along said river center line on the following 5 courses:
(1) North 54 degrees, 15 minutes, 52 seconds West, 456.31
feet; (2) North 32 degrees, 45 minutes, 20 seconds West,
850.19 feet; (3) North 6 degrees, 42 minutes, 35 seconds
East, 513.52 feet; (4) North 67 degrees, 45 minutes, 4
seconds West, 356.55 feet; (5) South 88 degrees, 6 minutes,
43 seconds West, 200.73 feet to a point in the West line of
the Southwest Quarter of said Section 5; thence North 0
degrees, 44 minutes, 44 seconds East, along said West line,
307.02 feet to the Southwest corner of the Northwest
Quarter of said Section 5; thence North 0 degrees, 37
minutes, 43 seconds East, along the West line of said
Northwest Quarter of Section 5, a distance of 264.00 feet;
thence North 30 degrees, 52 minutes, 17 seconds West,
396.00 feet; thence North 49 degrees, 52 minutes, 17
seconds West, 178.86 feet; thence South 51 degrees, 7
minutes, 43 seconds West, 264.00 feet; thence North 81
degrees, 22 minutes, 17 seconds West, 198.00 feet; thence
North 48 degrees, 22 minutes, 17 seconds West, 132.00 feet
to a point in the center line of said Straight river;
thence northerly and westerly along said river center line
on the following 4 courses: (1) North 19 degrees, 25
minutes, 39 seconds East, 131.22 feet; (2) North 42
degrees, 27 minutes, 59 seconds West, 399.91 feet; (3)
North 85 degrees, 54 minutes, 52 seconds West, 280.71 feet;
(4) North 5 degrees, 57 minutes, 52 seconds West, 229.98
feet to a point in the North line of the South One-half of
the Northeast Quarter of said Section 6; thence South 89
degrees, 55 minutes, 31 seconds East, along said North
line, 721.93 feet; thence North 29 degrees, 34 minutes, 29
seconds East, 384.78 feet; thence North 47 degrees, 4
minutes, 29 seconds East, 195.36 feet; thence South 86
degrees, 25 minutes, 31 seconds East, 108.44 feet to a
point in the southwesterly right-of-way line of the
Chicago, Milwaukee, St. Paul and Pacific railroad; thence
southeasterly along said railroad right-of-way line on a
curve, concave northeasterly (curve data: delta angle = 0
degrees, 43 minutes, 5 seconds; radius = 2964.77 feet;
chord bearing and distance = South 23 degrees, 57 minutes,
58 seconds East, 37.16 feet), an arc distance of 37.16
feet; thence North 65 degrees, 40 minutes, 30 seconds East,
200.00 feet to a point in the northeasterly right-of-way
line of said railroad; thence South 78 degrees, 31 minutes,
31 seconds East, 644.57 feet; thence South 41 degrees, 58
minutes, 52 seconds East, 980.53 feet to a point in a line
49.50 feet westerly from and parallel with the East line of
the Southwest Quarter of the Northwest Quarter of said
Section 5; thence South 0 degrees, 36 minutes, 52 seconds
West, along said parallel line, 1003.61 feet to a point in
the North line of the Northwest Quarter of the Southwest
Quarter of said Section 5; thence South 0 degrees, 40
minutes, 22 seconds West, along a line parallel with and
49.50 feet westerly of the East line of said Northwest
Quarter of the Southwest Quarter of Section 5, a distance
of 86.04 feet; thence South 66 degrees, 3 minutes, 0
seconds West, 600.24 feet; thence South 9 degrees, 16
minutes, 10 seconds West, 117.00 feet; thence South 55
degrees, 34 minutes, 0 seconds East, 451.30 feet; thence
South 80 degrees, 13 minutes, 0 seconds East, 257.20 feet
to a point in a line 16.50 feet easterly from and parallel
with the West line of the Northeast Quarter of the
Southwest Quarter of said Section 5; thence North 0
degrees, 40 minutes, 22 seconds East, along said parallel
line, 410.00 feet; thence South 89 degrees, 19 minutes, 38
seconds East, 190.00 feet; thence North 0 degrees, 40
minutes, 22 seconds East, 200.00 feet; thence North 89
degrees, 19 minutes, 38 seconds West, 190.00 feet to a
point in said line 16.50 feet easterly from and parallel
with the West line of the Northeast Quarter of the
Southwest Quarter of said Section 5; thence North 0
degrees, 40 minutes, 22 seconds East, along said parallel
line, 133.39 feet to a point in the South line of the
Southeast Quarter of the Northwest Quarter of said Section
5; thence North 0 degrees, 36 minutes, 52 seconds East,
along a line parallel with and 16.50 feet easterly of the
West line of said Southeast Quarter of the Northwest
Quarter of Section 5, a distance of 720.09 feet; thence
South 89 degrees, 14 minutes, 13 seconds East, 1302.89 feet
to a point in the East line of said Southeast Quarter of
the Northwest Quarter of Section 5; thence South 89
degrees, 30 minutes, 56 seconds East, 70.81 feet; thence
North 40 degrees, 24 minutes, 41 seconds East, 564.03 feet;
thence North 18 degrees, 38 minutes, 14 seconds West,
124.13 feet; thence North 2 degrees, 6 minutes, 24 seconds
East, 187.00 feet; thence North 23 degrees, 19 minutes, 8
seconds East, 108.46 feet to a point designated as Point A;
thence North 56 degrees, 4 minutes, 42 seconds East, 446.55
feet; thence North 52 degrees, 19 minutes, 41 seconds East,
270.10 feet; thence North 2 degrees, 38 minutes, 16 seconds
West, 500.00 feet; thence along a tangential curve, concave
westerly (curve data: delta angle = 23 degrees, 14
minutes, 51 seconds; radius = 500.00 feet; chord bearing
and distance = North 14 degrees, 15 minutes, 41 seconds
West, 201.48 feet), an arc distance of 202.87 feet to said
point of beginning; and
(3) Parcel C: Beginning at the Northeast corner of the
Southwest Quarter of said section 32; thence southerly,
along the East line of said Southwest Quarter (for purposes
of this description bearing of said East line is assumed
South 0 degrees, 4 minutes, 9 seconds West), a distance of
1638.76 feet; thence North 89 degrees, 18 minutes, 51
seconds West, 33.00 feet to the Southeast corner of Block
1, FARIBAULT STATE HOSPITAL ADDITION, FARIBAULT, RICE
COUNTY, MINNESOTA, said Southeast corner being a point in
the West line of Tenth Avenue Northeast and the true point
of beginning of the parcel to be herein described; thence
South 0 degrees, 4 minutes, 9 seconds West, along said West
line of Tenth Avenue Northeast, 360.00 feet; thence North
89 degrees, 18 minutes, 51 seconds West, 826.98 feet to a
point in the East line of vacated State Avenue; thence
North 0 degrees, 4 minutes, 9 seconds East, along said East
line of vacated State Avenue, 360.00 feet to the Southwest
corner of said Block 1; thence South 89 degrees, 18
minutes, 51 seconds East, along the South line of said
Block 1, 826.98 feet to said true point of beginning.
(b) The following land is excepted from the land described
in paragraph (a):
(1) Parcel D: That part of the North One-half of the
Northeast Quarter of Section 6 and that part of the North
One-half of the Northwest Quarter of Section 5, all in
Township 109 North, Range 20 West, in the city of
Faribault, Rice county, Minnesota, described as follows:
Beginning at a point in the East line of said Northeast
Quarter of Section 6 (for purposes of this description
bearings are assumed and based on said East line being
South 0 degrees, 37 minutes, 43 seconds West), a distance
of 1309.61 feet southerly from the Northeast corner of said
Northeast Quarter; thence South 86 degrees, 27 minutes, 58
seconds West, 153.73 feet; thence North 0 degrees, 13
minutes, 34 seconds East, 252.29 feet; thence South 89
degrees, 34 minutes, 30 seconds East, 82.53 feet to a point
in the southwesterly right-of-way line of the Chicago, Rock
Island and Pacific railroad; thence southeasterly, along
said railroad right-of-way line, on a curve, concave
northeasterly (curve data: radius = 2914.77 feet; delta
angle = 5 degrees, 27 minutes, 8 seconds; chord bearing and
distance = South 30 degrees, 58 minutes, 52 seconds East,
277.26 feet), an arc distance of 277.37 feet; thence South
86 degrees, 27 minutes, 58 seconds West, 72.95 feet to said
point of beginning; and
(2) the property deeded to the Chicago, Rock Island and
Pacific railroad, and City of Faribault Trail.
(c) The land described in paragraph (a) is subject to:
(1) Glynview Trail (county state aid highway 19) over the
southwesterly side thereof;
(2) 220th Street East over part of the southerly side of
Section 5;
(3) Fifth Street Northeast over part of the northerly side
of the South One-quarter of the Southeast Quarter of
Section 32;
(4) an easement for ingress and egress over and across
Parcel B, said easement being a strip of land 30.00 feet in
width lying immediately adjacent to and southwesterly of
the southwesterly right-of-way line of said Chicago, Rock
Island and Pacific railroad, bounded on the North by the
southerly line of Parcel D, and bounded on the East by a
line 49.50 feet westerly of and parallel with said East
line of the Southwest Quarter of the Northwest Quarter of
Section 5; and
(5) an easement for access to and maintenance of a deep
sewer tunnel over, under, and across part of Parcel B,
being a strip of land 100.00 feet in width, 50.00 feet on
both sides of the following described center line:
Commencing at said Point A in Parcel B; thence North 56
degrees, 4 minutes, 42 seconds East, 267.00 feet to the
point of beginning of said easement center line; thence
South 53 degrees, 14 minutes, 0 seconds East, 300.00 feet
and there terminating; the side lines of said easement to
be lengthened or shortened to meet in said course herein
described as North 56 degrees, 4 minutes, 42 seconds East.
Subd. 4. [PURPOSE.] The land to be conveyed is no longer
utilized by the department of corrections in Faribault. The
city of Faribault intends to continue to use Parcels A and B for
a nature interpretive center and recreational trail system and
Parcel C for a municipal park.
Sec. 26. Laws 1996, chapter 365, section 3, is amended to
read:
Sec. 3. [REPEALER.]
Section 2 is repealed when the project is completed, or
June 30, 1998 2000, whichever occurs earlier.
Sec. 27. [REPEALER.]
Minnesota Statutes 1996, sections 299M.05; and 299M.11,
subdivision 3, are repealed.
Sec. 28. [EFFECTIVE DATE.]
Section 25 is effective the day following final enactment.
Section 21 is effective upon its acceptance by the boards of
commissioners of Carlton and St. Louis counties and the city
council of the city of Cloquet, but only if those acceptances
occur on or before July 1, 1998.
Presented to the governor April 2, 1998
Signed by the governor April 6, 1998, 2:35 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes