Office of the Revisor of Statutes
Minnesota Session Laws - 1999, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 216-S.F.No. 2221
An act relating to the operation of state government;
crime prevention and judiciary finance; appropriating
money for the judicial branch, public safety, public
defense, crime victims, corrections, human rights, and
related purposes; establishing and expanding grant
programs, task forces, and pilot projects; requiring
reports and studies; increasing the number of judges;
transferring, modifying, and expanding responsibility
for various governmental responsibilities; providing
procedures for integrated criminal justice information
systems; adopting various provisions relating to
corrections; expanding the categories of offenders
that must provide a biological specimen for DNA
testing; expanding postconviction relief for certain
offenders; establishing the Rush city correctional
facility; authorizing a lease-purchase agreement for a
northern satellite laboratory facility and additional
work related to a new facility in St. Paul for the
bureau of criminal apprehension; imposing, clarifying,
and expanding certain criminal and civil provisions
and penalties; closing a work program for nonviolent
offenders; making certain changes related to sex
offenders; expanding the housing and court calendar
program; creating a program to license qualified court
interpreters; increasing the state's fiscal
responsibility for certain persons prior to civil
commitment; establishing requirements relating to
out-of-home placements of juveniles; providing for
state funding of certain programs and personnel;
providing for state funding of court administration
costs in specified judicial districts; establishing
collective bargaining provisions for court employees
and public defenders; extending the sunset date for a
juvenile records provision; amending Minnesota
Statutes 1998, sections 2.722, subdivision 1; 16B.35,
by adding a subdivision; 43A.02, subdivision 25;
43A.24, subdivision 2; 119A.26; 119A.28, subdivisions
2 and 3; 119A.29, subdivision 1; 119A.31, subdivision
3; 119A.32; 119A.33; 119A.34, subdivisions 3 and 4;
168A.40, subdivision 2; 179A.03, subdivisions 7, 14,
15, and by adding a subdivision; 179A.06, subdivision
2; 179A.10, subdivision 4; 179A.12, subdivision 4;
179A.22, subdivisions 2 and 3; 241.016; 241.0221,
subdivision 4; 241.275, subdivisions 1 and 2; 242.192;
243.50; 244.052, subdivisions 1, 3, 4, and by adding a
subdivision; 244.18, subdivision 3; 253B.185, by
adding a subdivision; 253B.23, subdivisions 1 and 8;
256.01, subdivision 2; 256.486, subdivisions 1 and 2;
257.69, subdivision 2; 260.151, subdivision 3;
260.161, subdivision 1; 260.181, by adding a
subdivision; 260.185, by adding a subdivision;
260.251, subdivisions 2 and 5; 260.56; 299A.62,
subdivision 1; 299A.64, subdivision 10; 299C.65,
subdivisions 2, 5, and by adding subdivisions;
340A.703; 346.56; 466.01, subdivision 6; 480.181,
subdivision 1; 484.013, subdivisions 1 and 2; 484.64,
subdivision 3; 484.65, subdivision 3; 485.018,
subdivisions 2 and 6; 485.03; 485.27; 487.10,
subdivision 4; 518.165, subdivision 3; 546.13; 546.44,
subdivision 3; 563.01, subdivisions 2, 9, and 10;
590.01, subdivision 1, and by adding a subdivision;
609.035, subdivisions 1, 2, and by adding a
subdivision; 609.102, by adding a subdivision;
609.3461, subdivisions 1 and 2; 611.33, subdivision 3;
611A.77; 626.843, subdivision 4; 626.845, subdivision
1; 626.8462; 626.8463, subdivision 1; and 626.8465,
subdivision 2; Laws 1997, chapter 85, article 3,
section 53; proposing coding for new law in Minnesota
Statutes, chapters 179A; 241; 243; 260; 299A; 480; and
626; repealing Minnesota Statutes 1998, sections
119A.04, subdivision 5; 241.275, subdivision 5;
241.277; 256D.05, subdivisions 3 and 3a; 357.021,
subdivision 2a; 563.01, subdivision 1; 609.113;
626.5532, subdivision 2; and 626.8463, subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
APPROPRIATIONS
Section 1. [CRIMINAL JUSTICE APPROPRIATIONS.]
The sums shown in the columns marked "APPROPRIATIONS" are
appropriated from the general fund, or another fund named, to
the agencies and for the purposes specified in this act, to be
available for the fiscal years indicated for each purpose. The
figures "1999," "2000," and "2001," where used in this act, mean
that the appropriation or appropriations listed under them are
available for the year ending June 30, 1999, June 30, 2000, or
June 30, 2001, respectively.
SUMMARY BY FUND
1999 2000 2001 TOTAL
General $ 2,074,000 $ 547,845,000 $ 582,487,000 $1,130,332,000
Special Revenue 8,258,000 7,902,000 16,160,000
Environmental 44,000 46,000 90,000
State Government
Special Revenue 7,000 7,000 14,000
Trunk Highway 1,626,000 1,656,000 3,282,000
TOTAL $ 557,780,000 $ 592,098,000 $1,149,878,000
APPROPRIATIONS
Available for the Year
Ending June 30
2000 2001
Sec. 2. SUPREME COURT
Subdivision 1. Total
Appropriation $ 26,359,000 $ 25,474,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Supreme Court Operations
4,506,000 4,549,000
$5,000 the first year and $5,000 the
second year are for a contingent
account for expenses necessary for the
normal operation of the court for which
no other reimbursement is provided.
When purchasing furniture or fixtures,
the Supreme Court must consider
purchasing furniture or fixtures that
were made as part of an industrial and
commercial activity authorized by
Minnesota Statutes, section 241.27.
$55,000 the first year and $18,000 the
second year are for access to justice
initiatives.
$50,000 the first year and $50,000 the
second year are for judicial branch
infrastructure.
$14,000 the first year is for the
judicial salary supplement.
Subd. 3. Civil Legal Services
6,484,000 6,484,000
This appropriation is for legal
services to low-income clients and for
family farm legal assistance under
Minnesota Statutes, section 480.242.
Any unencumbered balance remaining in
the first year does not cancel but is
available for the second year of the
biennium. A qualified legal services
program, as defined in Minnesota
Statutes, section 480.24, subdivision
3, may provide legal services to
persons eligible for family farm legal
assistance under Minnesota Statutes,
section 480.242.
Of this appropriation, $877,000 the
first year and $877,000 the second year
are to improve the access of low-income
clients to legal representation in
family law matters. This appropriation
must be distributed under Minnesota
Statutes, section 480.242, to the
qualified legal services programs
described in Minnesota Statutes,
section 480.242, subdivision 2,
paragraph (a). Any unencumbered
balance remaining in the first year
does not cancel and is available for
the second year of the biennium.
Subd. 4. State Court Administration
13,498,000 12,595,000
$1,500,000 the first year and
$1,500,000 the second year are to begin
development and implementation of the
infrastructure for a coordinated and
integrated statewide criminal and
juvenile justice information system;
and for implementation of the judicial
branch justice information network.
This appropriation must be included in
the budget base for the 2002-2003
biennium.
$50,000 the first year and $50,000 the
second year are for a grant writer.
$25,000 the first year and $25,000 the
second year are for court document
translation costs.
$1,000,000 the first year is for
regional adult detention facility
construction planning grants under
article 2, section 22. Of this amount,
$200,000 is for a grant to plan,
develop, and issue a request for
proposals for the construction and
operation of a regional adult detention
facility by a private vendor. This is
a one-time appropriation.
$150,000 the first year and $150,000
the second year are for the state's
share of the costs associated with the
precommitment detention of persons as
described in Minnesota Statutes,
section 253B.185, subdivision 5. This
is a one-time appropriation.
The appropriation in Laws 1998, chapter
367, article 1, section 2, subdivision
4, for the parental cooperation task
force is available until expended.
$75,000 each year is transferred from
the base amount to the Center for Crime
Victim Services to operate the
mediation programs for crime victims
and offenders under Minnesota Statutes,
section 611A.77.
Subd. 5. Law Library Operations
1,871,000 1,846,000
$40,000 the first year and $40,000 the
second year are for increased costs in
maintaining the library's publication
collection.
$50,000 the first year and $13,000 the
second year are for a law library MNET
connection.
Sec. 3. COURT OF APPEALS 6,450,000 6,549,000
Sec. 4. DISTRICT COURTS 76,665,000 79,334,000
$1,570,000 the first year and
$3,168,000 the second year are for
human resource enhancements, including
one trial court judge unit each in the
seventh, ninth, and tenth judicial
districts beginning July 1, 1999; two
trial court judge units in the first
judicial district and one trial court
judge unit in the tenth judicial
district beginning January 1, 2000; one
judge unit each in the seventh, ninth,
and tenth judicial districts beginning
on July 1, 2000, and one judge unit
each in the first and tenth judicial
districts and two judge units in the
fourth judicial district beginning
January 1, 2001. Each judge unit
consists of a judge, law clerk, and
court reporter. This appropriation
also is to fund six new law clerk
positions beginning on or after July 1,
1999.
$46,000 the first year and $48,000 the
second year are for one referee
conversion in the second judicial
district and one referee conversion in
the fourth judicial district.
$65,000 the first year and $65,000 the
second year are for salary costs
related to the community court in the
fourth judicial district. This is a
one-time appropriation.
$110,000 the first year and $110,000
the second year are for the continued
funding of the community court in the
second judicial district. This is a
one-time appropriation.
The second judicial district and fourth
judicial district shall each report
quarterly to the chairs and ranking
minority members of the legislative
committees and divisions with
jurisdiction over criminal justice
funding on:
(1) how money appropriated for this
initiative was spent; and
(2) the cooperation of other criminal
justice agencies and county units of
government in the community courts'
efforts.
The first report is due on October 1,
1999. None of this appropriation may
be used for the purpose of complying
with these reporting requirements.
$200,000 the first year and $25,000 the
second year are for the statewide
expansion of video technology in the
court system.
$200,000 the first year and $200,000
the second year are for upgrading the
infrastructure of the judicial branch.
Sec. 5. BOARD ON JUDICIAL
STANDARDS 233,000 238,000
Sec. 6. TAX COURT 660,000 671,000
Sec. 7. PUBLIC SAFETY
Subdivision 1. Total
Appropriation 44,595,000 41,848,000
Summary by Fund
2000 2001
General 42,398,000 39,607,000
Special Revenue 520,000 532,000
State Government
Special Revenue 7,000 7,000
Environmental 44,000 46,000
Trunk Highway 1,626,000 1,656,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Emergency Management
Summary by Fund
General 3,861,000 3,892,000
Environmental 44,000 46,000
$60,000 the first year and $60,000 the
second year are one-time appropriations
to provide the bomb disposal
reimbursements authorized by Minnesota
Statutes, section 299C.063, subdivision
2.
The commissioner shall develop an
implementation plan under which the
division of emergency management makes
bomb disposal and domestic terrorism
response services available to
requesting local governments and
agencies on a statewide basis. The
statewide plan shall identify and
establish a service delivery system
that is based on regional needs and
resources and through which the
necessary services are provided in an
efficient and cost-effective manner by
state agencies, local municipalities,
and private service providers. The
commissioner shall submit the
implementation plan to the chairs and
ranking minority members of the senate
and house committees with jurisdiction
over criminal justice funding and
policy by January 15, 2001.
Subd. 3. Criminal Apprehension
Summary by Fund
General 23,327,000 23,080,000
Special Revenue 520,000 532,000
State Government
Special Revenue 7,000 7,000
Trunk Highway 1,626,000 1,656,000
$99,000 the first year and $99,000 the
second year from the Bureau of Criminal
Apprehension account in the special
revenue fund are for grants to local
officials for the cooperative
investigation of cross-jurisdictional
criminal activity. Any unencumbered
balance remaining in the first year
does not cancel but is available for
the second year.
$421,000 the first year and $433,000
the second year from the Bureau of
Criminal Apprehension account in the
special revenue fund are for laboratory
activities.
$5,000,000 the first year and
$4,000,000 the second year are for the
statewide criminal and juvenile justice
data information system upgrade.
$210,000 the first year and $210,000
the second year are to be transferred
to the commissioner of corrections for
a statewide probation system component
of the criminal justice information
system. This appropriation must be
included in the budget base for the
2002-2003 biennium.
$500,000 the first year and $55,000 the
second year are for a lab information
management system.
$344,000 the first year and $400,000
the second year are for laboratory
supplies and equipment. This is a
one-time appropriation.
$800,000 the second year is for
start-up costs, including employee
hiring and training, for the northern
BCA satellite laboratory facility in
the city of Bemidji, for which
predesign money was appropriated in
Laws 1998, chapter 404, section 13,
subdivision 11.
$15,000 the first year is for the
capitol security study described in
article 5, section 13. This is a
one-time appropriation.
$125,000 the second year is to expand
DNA testing of predatory offenders.
Subd. 4. Fire Marshal
3,099,000 3,203,000
$52,000 the second year is for a fire
code development and training
position. The permanent complement of
the division is increased by one
position.
The state fire marshal shall purchase
and maintain equipment for use at fire
scenes to enhance its response in arson
investigations. The costs related to
purchase and maintenance of this
equipment shall come out of the fire
marshal's base budget.
Subd. 5. Alcohol and Gambling Enforcement
1,821,000 1,849,000
$75,000 the first year and $75,000 the
second year are for liquor law
compliance check grants under article
2, section 21. By January 15, 2002,
the commissioner shall report to the
chairs and ranking minority members of
the senate and house committees and
divisions having jurisdiction over
criminal justice funding on the grants
awarded under this paragraph. This is
a one-time appropriation.
Subd. 6. Law Enforcement and Community Grants
10,290,000 7,583,000
$1,000,000 the first year is for grants
to pay the costs of developing or
implementing a criminal justice
information integration plan as
described in Minnesota Statutes,
section 299C.65, subdivision 6 or 7.
The commissioner shall make a minimum
of two grants from this appropriation.
This is a one-time appropriation.
The commissioner of public safety shall
consider using a portion of federal
Byrne grant funds for costs related to
developing or implementing a criminal
justice information system integration
plan as described in Minnesota
Statutes, section 299C.65, subdivision
6 or 7.
$400,000 the first year is for a grant
to the city of Marshall to construct,
furnish, and equip a regional emergency
response training center. The balance,
if any, does not cancel but is
available for the fiscal year ending
June 30, 2001.
$10,000 the first year is for the
commissioner of public safety to
reconvene the task force that developed
the statewide master plan for fire and
law enforcement training facilities
under Laws 1998, chapter 404, section
21, subdivision 3, for the purpose of
developing specific recommendations
concerning the siting, financing and
use of these training facilities. The
commissioner's report shall include
detailed recommendations concerning the
following issues:
(1) the specific cities, counties, or
regions of the state where training
facilities should be located;
(2) the reasons why a training facility
should be sited in the recommended
location, including a description of
the public safety training needs in
that part of the state;
(3) the extent to which neighboring
cities and counties should be required
to collaborate in funding and operating
the recommended training facilities;
(4) an appropriate amount for a local
funding match (up to 50 percent) for
cities and counties using the training
facility to contribute in money or
other resources to build, expand, or
operate the facility;
(5) the feasibility of providing
training at one or more of the
recommended facilities for both law
enforcement and fire safety personnel;
(6) whether the regional or statewide
need for increased public safety
training resources can be met through
the expansion of existing training
facilities rather than the creation of
new facilities and, if so, which
facilities should be expanded; and
(7) any other issues the task force
deems relevant.
By January 15, 2000, the commissioner
shall submit the report to the chairs
and ranking minority members of the
house and senate committees and
divisions with jurisdiction over
capital investment issues and criminal
justice funding and policy.
$746,000 the first year and $766,000
the second year are for personnel and
administrative costs for the criminal
gang oversight council and strike force
described in Minnesota Statutes,
section 299A.64.
$1,171,000 the first year and
$2,412,000 are for the grants
authorized under Minnesota Statutes,
section 299A.66, subdivisions 1 and 2.
Of this appropriation, $1,595,000 each
year shall be included in the 2002-2003
biennial base budget.
By January 15, 2000, the criminal gang
oversight council shall submit a report
to the chairs and ranking minority
members of the senate and house
committees and divisions with
jurisdiction over criminal justice
funding and policy describing the
following:
(1) the types of crimes on which the
oversight council and strike force have
primarily focused their investigative
efforts since their inception;
(2) a detailed accounting of how the
oversight council and strike force have
spent all funds and donations they have
received since their inception,
including donations of goods and
services;
(3) the extent to which the activities
of the oversight council and strike
force overlap or duplicate the
activities of the fugitive task force
or the activities of any federal,
state, or local task forces that
investigate interjurisdictional
criminal activity; and
(4) the long-term goals that the
criminal gang oversight council and
strike force hope to achieve.
The commissioner of public safety shall
consider using a portion of federal
Byrne grant funds for criminal gang
prevention and intervention activities
to (1) help gang members separate
themselves, or remain separated, from
gangs; and (2) prevent individuals from
becoming affiliated with gangs.
$50,000 the first year is for a grant
to the Minnesota Safety Council to
continue the crosswalk safety awareness
campaign. The Minnesota Safety Council
shall work with the department of
transportation to develop a long range
plan to continue the crosswalk safety
awareness campaign.
$500,000 the first year is for grants
under Minnesota Statutes, section
299A.62, subdivision 1. These grants
shall be distributed as provided in
Minnesota Statutes, section 299A.62,
subdivision 2. This is a one-time
appropriation.
Up to $30,000 of the appropriation for
grants under Minnesota Statutes,
section 299A.62, is for grants to
requesting local law enforcement
agencies to purchase dogs trained to
detect or locate controlled substances
by scent. Grants are limited to one
dog per county.
$500,000 the first year is a one-time
appropriation for a grant to the Ramsey
county attorney's office to establish
and fund the domestic assault and child
abuse prosecution unit. This is a
one-time appropriation.* (The preceding
text beginning "$500,000 the first
year" was vetoed by the governor.)
$50,000 the first year and $50,000 the
second year are for grants to the
northwest Hennepin human services
council to administer the northwest
community law enforcement project, to
be available until June 30, 2001. This
is a one-time appropriation.
$30,000 the first year is to assist
volunteer ambulance services, licensed
under Minnesota Statutes, chapter 144E,
in purchasing automatic external
defibrillators. Ambulance services are
eligible for a grant under this
provision if they do not already
possess an automatic external
defibrillator and if they provide a 25
percent match in nonstate funds. This
is a one-time appropriation.
$50,000 the first year and $50,000 the
second year are for grants under
Minnesota Statutes, section 119A.31,
subdivision 1, clause (12), to
organizations that focus on
intervention and prevention of teenage
prostitution.
The commissioner of public safety shall
administer a program to distribute tire
deflators to local or state law
enforcement agencies selected by the
commissioner of public safety and to
distribute or otherwise make available
a computer-controlled driving simulator
to local or state law enforcement
agencies or POST-certified skills
programs selected by the commissioner
of public safety.
Before any decisions are made on which
law enforcement agencies will receive
tire deflators or the driving
simulator, a committee consisting of a
representative from the Minnesota
chiefs of police association, a
representative from the Minnesota
sheriffs association, a representative
from the state patrol, and a
representative from the Minnesota
police and peace officers association
shall evaluate the applications. The
commissioner shall consult with the
committee concerning its evaluation and
recommendations on distribution
proposals prior to making a final
decision on distribution.
Law enforcement agencies that receive
tire deflators under this section
must: (i) provide any necessary
training to their employees concerning
use of the tire deflators; (ii) compile
statistics on use of the tire deflators
and the results; (iii) provide a
one-to-one match in nonstate funds; and
(iv) report this information to the
commissioner as required.
Law enforcement agencies or
POST-certified skills programs that
receive a computer-controlled driving
simulator under this section must:
(1) provide necessary training to their
employees in emergency vehicle
operations and in the conduct of police
pursuits;
(2) provide a five-year plan for
maintaining the hardware necessary to
operate the driving simulator;
(3) provide a five-year plan to update
software necessary to operate the
driving simulator;
(4) provide a plan to make the driving
simulator available at a reasonable
cost and with reasonable availability
to other law enforcement agencies to
train their officers; and
(5) provide an estimate of the
availability of the driving simulator
for use by other law enforcement
agencies.
By January 15, 2001, the commissioner
shall report to the chairs and ranking
minority members of the house and
senate committees and divisions having
jurisdiction over criminal justice
matters on the tire deflators and the
driving simulator distributed under
this section.
$285,000 the first year is for a
one-time grant to the city of
Minneapolis to implement a coordinated
criminal justice system response to the
CODEFOR (Computer Optimized
Development-Focus on Results) law
enforcement strategy. This
appropriation is available until
expended.
$795,000 the first year is for a
one-time grant to Hennepin county to
implement a coordinated criminal
justice system response to the CODEFOR
(Computer Optimized Development-Focus
on Results) law enforcement strategy.
This appropriation is available until
expended.
$420,000 the first year is for a
one-time grant to the fourth judicial
district public defender's office to
accommodate the CODEFOR (Computer
Optimized Development-Focus on Results)
law enforcement strategy. This
appropriation is available until
expended.
$150,000 the first year and $150,000
the second year are for weed and seed
grants under Minnesota Statutes,
section 299A.63. Money not expended
the first year is available for grants
during the second year. This is a
one-time appropriation.
$200,000 each year is a one-time
appropriation for a grant to the center
for reducing rural violence to continue
the technical assistance and related
rural violence prevention services the
center offers to rural communities.
$500,000 the first year and $500,000
the second year are to operate the
weekend camp program at Camp Ripley
described in Laws 1997, chapter 239,
article 1, section 12, subdivision 3,
as amended by Laws 1998, chapter 367,
article 10, section 13. The powers and
duties of the department of corrections
with respect to the weekend program are
transferred to the department of public
safety under Minnesota Statutes,
section 15.039. The commissioner shall
attempt to expand the program to serve
500 juveniles per year within this
appropriation.
An additional $125,000 the first year
and $125,000 the second year are for
the weekend camp program at Camp Ripley.
$500,000 the first year and $500,000
the second year are for Asian-American
juvenile crime intervention and
prevention grants under Minnesota
Statutes, section 256.486. The powers
and duties of the department of human
services, with respect to that program,
are transferred to the department of
public safety under Minnesota Statutes,
section 15.039. This is a one-time
appropriation.
Sec. 8. CRIME VICTIM
SERVICES CENTER
Subdivision 1. Total
Appropriation 13,617,000 31,535,000
Subd. 2. Crime Victim
Reparations Board
2,126,000 2,133,000
$50,000 the first year and $45,000 the
second year are for computer system
enhancements. This is a one-time
appropriation.
Subd. 3. Crime Victims
Assistance
11,491,000 29,402,000
The executive director of the center
and the commissioner of human services
shall, in consultation with affected
parties, report by October 15, 1999, to
the governor, the commissioner of
finance, and appropriate legislative
committee chairs, on a complete plan
and legislation necessary for
implementation of the transfer of
payments to battered women's shelters
from the department to the center
effective July 1, 2000. The plan must
not exceed funding appropriated for
that purpose in fiscal year 2001 and
shall assume funding at that same level
for the following biennium.
$50,000 the first year and $50,000 the
second year are for the crime victim
emergency fund.
$109,000 the second year is for the
administration of the battered women's
shelter per diem payments.
$37,000 the first year and $38,000 the
second year are for the pilot project
grant program to provide
neighborhood-based services to crime
victims and witnesses described in
article 2, section 23. This
appropriation must be used by the grant
recipient to begin offering services in
new locations. This is a one-time
appropriation.
$103,000 the first year and $103,000
the second year are for grants under
Minnesota Statutes, section 611A.32, to
an existing battered women's shelter in
the city of Bloomington.
$103,000 the first year and $103,000
the second year are for grants under
Minnesota Statutes, section 611A.32, to
an American Indian battered women's
shelter in the city of Duluth.
$50,000 the first year is for a grant
to the Minnesota state colleges and
universities board to be used by the
center for applied research and policy
analysis at Metropolitan state
university to conduct a research
project to assess violence in the
Asian-Pacific communities and improve
data collection practices of mainstream
systems and institutions that work with
Asian-Pacific communities. By March 1,
2000, 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.
$143,000 the first year is for grants
to the family violence coordinating
council in the fourth judicial district
for the development of a plan and the
evaluation and report by the domestic
fatality review team under article 2,
section 27. This appropriation is
available until expended.
$300,000 the first year and $300,000
the second year shall be used to award
a grant for the residential program for
women leaving prostitution described in
article 2, section 25. This is a
one-time appropriation.
$30,000 the first year and $30,000 the
second year are for grants to the city
of St. Paul to provide support services
to the surviving family members of
homicide, suicide, and accidental death
victims. This is a one-time
appropriation.
Sec. 9. CRIME VICTIM
OMBUDSMAN 404,000 389,000
$20,000 the first year is for the crime
victims case management system.
Sec. 10. BOARD OF PRIVATE DETECTIVE
AND PROTECTIVE AGENT SERVICES 135,000 140,000
Sec. 11. BOARD OF PEACE OFFICER
STANDARDS AND TRAINING
Summary by Fund
Special Revenue Fund Total 4,339,000 4,362,000
General Fund Total 300,000 300,000
This appropriation is from the peace
officer training account in the special
revenue fund. Any receipts credited to
the peace officer training account in
the special revenue fund in the first
year in excess of $4,339,000 must be
transferred and credited to the general
fund. Any receipts credited to the
peace officer training account in the
special revenue fund in the second year
in excess of $4,362,000 must be
transferred and credited to the general
fund.
$300,000 each year is appropriated from
the general fund for reimbursement to
local law enforcement agencies for the
cost of providing training in emergency
vehicle operations and police pursuit.
The board may transfer positions to
conduct the compliance reviews required
in Minnesota Statutes, section 626.8459.
Sec. 12. BOARD OF PUBLIC DEFENSE
Subdivision 1. Total
Appropriation 44,272,000 47,617,000
None of this appropriation shall be
used to pay for lawsuits against public
agencies or public officials to change
social or public policy.
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
The state public defender may use money
appropriated as part of the office's
base budget to hire a personnel
director.
Subd. 2. State Public
Defender
3,080,000 3,383,000
$220,000 the second year is for salary
increases.
Subd. 3. Administrative Services
Office
1,215,000 1,243,000
$7,000 the second year is for salary
increases.
Subd. 4. District Public
Defense
39,977,000 42,991,000
$2,214,000 the second year is for
salary increases.
$1,069,000 the first year and
$1,119,000 the second year are for
grants to the five existing public
defense corporations under Minnesota
Statutes, section 611.216.
$300,000 the first year is for the
statewide connection project.
$50,000 the first year is for increased
public defender costs in the second
judicial district related to the
activities of the Ramsey county
attorney's domestic assault and child
abuse prosecution unit. This
appropriation is available until June
30, 2001.
Sec. 13. CORRECTIONS
Subdivision 1. Total
Appropriation 325,897,000 343,753,000
Summary by Fund
General 327,362,000 345,243,000
Special Revenue 1,122,000 1,122,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Any unencumbered balances remaining in
the first year do not cancel but are
available for the second year of the
biennium.
Positions and administrative money may
be transferred within the department of
corrections as the commissioner
considers necessary, upon the advance
approval of the commissioner of finance.
For the biennium ending June 30, 2001,
the commissioner of corrections may,
with the approval of the commissioner
of finance, transfer funds to or from
salaries.
During the biennium ending June 30,
2001, the commissioner may enter into
contracts with private corporations or
governmental units of the state of
Minnesota to house adult offenders
committed to the commissioner of
corrections. Every effort shall be
made to house individuals committed to
the commissioner of corrections in
Minnesota correctional facilities.
If the commissioner deems it necessary
to reduce staff positions during the
biennium ending June 30, 2001, the
commissioner shall reduce at least the
same percentage of management and
supervisory personnel as line and
support personnel to ensure employee
safety, inmate safety, and facility
security. By January 15, 2002, the
commissioner shall report to the chairs
and ranking minority members of the
senate and house committees and
divisions having jurisdiction over
criminal justice funding on whether it
was necessary to reduce staff
positions, and, if so, the percentage
of management and supervisory personnel
positions that were reduced compared
with the number of line and support
personnel positions reduced.
During the biennium ending June 30,
2001, 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,
2001, the commissioner shall consider
ways to reduce the per diem in adult
correctional facilities. As part of
this consideration, the commissioner
shall 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. By January 15,
2002, the commissioner shall report to
the chairs and ranking minority members
of the senate and house committees and
divisions having jurisdiction over
criminal justice funding on what
methods were considered to reduce per
diems under this paragraph and what
changes, if any, were implemented to
achieve the reductions.
Subd. 2. Correctional
Institutions
Summary by Fund
General Fund 207,086,000 222,346,000
Special Revenue Fund 865,000 785,000
$11,116,000 the first year and
$22,205,000 the second year are for
start-up and operating expenses of the
new custody level 4 correctional
facility at Rush City.
If the commissioner contracts with
other states, local units of
government, or the federal government
to rent beds in the Rush City
correctional facility under Minnesota
Statutes, section 243.51, subdivision
1, to the extent possible, the
commissioner shall charge a per diem
under the contract that is equal to or
greater than the per diem cost of
housing Minnesota inmates in the
facility. This per diem cost shall be
based on the assumption that the
facility is at or near capacity.
Notwithstanding any laws to the
contrary, the commissioner may use the
per diem monies to operate the state
correctional institutions.
$500,000 the first year and $500,000
the second year are for asset
preservation and facility repair. This
funding may be transferred between
programs, to the extent it is used for
the same purpose. The commissioner may
use any other available funding for
this purpose, to the extent it is not
inconsistent with any other law.
$532,000 the first year and $866,000
the second year are for the expansion
of the mental health and infirmary unit
at the Minnesota Correctional
Facility-Oak Park Heights.
$15,000 the first year is for a grant
to a Rice county-based organization for
the purpose of purchasing and placing
cemetery monuments or memorial
monuments on graves of former Faribault
Regional Center residents who are
buried in any cemetery located on the
grounds of MCF-Faribault or other
nearby cemeteries in Rice county.
Monuments shall not be placed if the
family of the deceased resident objects
to the placement of the monument. The
grant recipient must include family
members of deceased residents of the
regional center, members of local
service or charitable organizations,
members of the Faribault Chamber of
Commerce, and former employees of the
Faribault regional center.
Subd. 3. Juvenile Services
13,468,000 13,441,000
$100,000 the first year and $100,000
the second year are for asset
preservation and facility repair. This
funding may be transferred between
programs, to the extent it is used for
the same purpose. The commissioner may
use any other available funding for
this purpose, to the extent it is not
inconsistent with any other law.
$200,000 the first year and $200,000
the second year are to expand aftercare
and transition services to youth under
the care of the commissioner of
corrections.
$100,000 the first year and $100,000
the second year are for two academic
teacher positions at the Minnesota
Correctional Facility-Red Wing.
$65,000 the first year and $65,000 the
second year are for increased
vocational education at the Minnesota
Correctional Facility-Red Wing.
$200,000 the first year is for
severance costs related to the closure
of the Minnesota Correctional
Facility-Sauk Centre.
Subd. 4. Community Services
Summary by Fund
General 95,327,000 97,416,000
Special Revenue 90,000 90,000
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.
$500,000 the first year and $500,000
the second year are for increased
funding for intensive community
supervision.
$1,500,000 the first year and
$3,500,000 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 244, 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 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.
By January 15, 2001, 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 funding on the
outcomes achieved through the use of
state probation caseload reduction
appropriations made since 1995. The
commissioner shall, to the extent
possible, include an analysis of the
ongoing results relating to the
measures described in the uniform
statewide probation outcome measures
workgroup's 1998 report to the
legislature.
$150,000 each year is for a grant to
the Dodge-Filmore-Olmsted community
corrections agency for a pilot project
to increase supervision of sex
offenders who are on probation,
intensive community supervision,
supervised release, or intensive
supervised release by means of caseload
reduction. The grant shall be used to
reduce the number of offenders
supervised by officers with specialized
caseloads to an average of 35
offenders. This is a one-time
appropriation. The grant recipient
shall report by January 15, 2002, to
the House and Senate committees and
divisions with jurisdiction over
criminal justice policy and funding on
the outcomes of the pilot project.
$175,000 the first year and $175,000
the second year are for county
probation officer reimbursements.
$50,000 the first year and $50,000 the
second year are for the emergency
housing initiative.
$150,000 the first year and $150,000
the second year are for probation and
supervised release services.
$250,000 the first year and $250,000
the second year are for increased
funding of the sentencing to service
program and for a housing coordinator
for the institution work crews in the
sentencing to serve program.
$25,000 the first year and $25,000 the
second year are for sex offender
transition programming.
$250,000 each year is for increased bed
capacity for work release offenders.
$50,000 each year is for programming
for adult female offenders.
The following amounts are one-time
appropriations for the statewide
productive day initiative program
defined in Minnesota Statutes, section
241.275:
$472,000 to the Hennepin county
community corrections agency;
$472,000 to the Ramsey county community
corrections agency;
$590,000 to the Arrowhead regional
community corrections agency;
$425,000 to the Dodge-Fillmore-Olmsted
community corrections agency;
$283,000 to the Anoka county community
corrections agency; and
$118,000 to the Tri-county (Polk,
Norman, and Red Lake) community
corrections agency.
$250,000 the first year and $250,000
the second year are for grants to
Dakota county for the community justice
zone pilot project described in article
2, section 24. This is a one-time
appropriation.
$230,000 the first year is for grants
related to restorative justice
programs. The commissioner may make
grants to fund new as well as existing
programs. This is a one-time
appropriation.
The money appropriated for restorative
justice program grants under this
subdivision may be used to fund the use
of restorative justice in domestic
abuse cases, except in cases where the
restorative justice process that is
used includes a meeting at which the
offender and victim are both present at
the same time. "Domestic abuse" has
the meaning given in Minnesota
Statutes, section 518B.01, subdivision
2.
$25,000 each year is for the juvenile
mentoring project. This is a one-time
appropriation.
Subd. 6. Management Services
Summary by Fund
General Fund 11,481,000 12,040,000
Special Revenue Fund 167,000 247,000
$800,000 the first year and $1,200,000
the second year are for technology
improvements.
Sec. 14. CORRECTIONS OMBUDSMAN 470,000 400,000
If the reduction in the base level
funding causes a reduction in the
number of employees, then the
commissioner of corrections and
commissioner of public safety shall
make reasonable efforts to transfer the
affected employees to positions within
the department of corrections or
department of public safety.
Sec. 15. SENTENCING GUIDELINES
COMMISSION 567,000 528,000
$100,000 the first year and $50,000 the
second year are for the sentencing
guidelines worksheet. This is a
one-time appropriation.
Sec. 16. HUMAN RIGHTS 3,862,000 3,924,000
Sec. 17. UNIFORM LAWS COMMISSION 37,000 38,000
Sec. 18. AUTOMOBILE THEFT PREVENTION
BOARD 2,277,000 1,886,000
This appropriation is from the
automobile theft prevention account in
the special revenue fund.
Of this appropriation, up to $400,000
the first year is transferred to the
commissioner of public safety for the
purchase and distribution of tire
deflators to local or state law
enforcement agencies and for the
purchase of a computer-controlled
driving simulator. Any amount not
spent by the commissioner of public
safety for this purpose shall be
returned to the automobile theft
prevention account in the special
revenue fund and may be used for other
automobile theft prevention activities.
The automobile theft prevention board
may not spend any money it receives
from surcharges in the fiscal year
2000-2001 biennium, unless the
legislature approves the spending.
The executive director of the
automobile theft prevention board may
not sit on the automobile theft
prevention board.
Sec. 19. ADMINISTRATION 3,554,000 -0-
$3,386,000 is to complete design
documents and site preparation for the
new facility for the bureau of criminal
apprehension in St. Paul for which site
acquisition and preliminary design
money were appropriated in Laws 1998,
chapter 404, section 13, subdivision
11. The commissioner may use a
design-build method of project
development and construction for this
project. The commissioner may award a
design-build contract on the basis of
requests for proposals or requests for
qualifications without bids. This is a
one-time appropriation.
$168,000 the first year is for the
maintenance of the former Minnesota
correctional facility-Sauk Centre.
This appropriation is available until
expended. This is a one-time
appropriation.
Sec. 20. ECONOMIC SECURITY 500,000 500,000
$500,000 the first year and $500,000
the second year are for grants to
cities of the first class that
demonstrate a need for creating and
expanding curfew enforcement, truancy
prevention, and pretrial diversion
programs. Programs funded under this
section must have clearly established
neighborhood, community, and family
outcome measures of success and must
report to the commissioner on the
achievement of these outcomes on or
before June 30, 2001.
Sec. 21. DEFICIENCY APPROPRIATION
Fiscal Year 1999
General 2,074,000
This appropriation for fiscal year 1999
is added to the appropriation in Laws
1997, chapter 239, article 1, section
7, subdivision 2, to provide matching
funds for federal emergency management
assistance funds received for natural
disaster assistance payments. This
appropriation is available the day
following final enactment.
Sec. 22. SUNSET OF
UNCODIFIED LANGUAGE
All uncodified language contained in
this article expires on June 30, 2001,
unless a different expiration date is
explicit.
ARTICLE 2
CRIME PREVENTION AND LAW ENFORCEMENT GRANTS
Section 1. Minnesota Statutes 1998, section 119A.26, is
amended to read:
119A.26 [OFFICE OF DRUG POLICY AND VIOLENCE PREVENTION.]
Subdivision 1. [OFFICE; ASSISTANT COMMISSIONER.] The
office of drug policy and violence prevention is an office in
the department of children, families, and learning public
safety, headed by an assistant commissioner appointed by the
commissioner to serve in the unclassified service.
The assistant commissioner may appoint other employees.
The assistant commissioner shall coordinate the violence
prevention activities and the prevention and supply reduction
activities of state and local agencies and provide one
professional staff member to assist on a full-time basis the
work of the chemical abuse prevention resource council use the
resources of the office to conduct activities related to crime
prevention and enforcement as deemed necessary.
Subd. 2. [DUTIES.] (a) The assistant commissioner shall:
(1) gather, develop, and make available throughout the
state information and educational materials on preventing and
reducing violence in the family and in the community, both
directly and by serving as a clearinghouse for information and
educational materials from schools, state and local agencies,
community service providers, and local organizations;
(2) foster collaboration among schools, state and local
agencies, community service providers, and local organizations
that assist in violence intervention or prevention;
(3) assist schools, state and local agencies, service
providers, and organizations, on request, with training and
other programs designed to educate individuals about violence
and reinforce values that contribute to ending violence;
(4) after consulting with all state agencies involved in
preventing or reducing violence within the family or community,
develop a statewide strategy for preventing and reducing
violence that encompasses the efforts of those agencies and
takes into account all money available for preventing or
reducing violence from any source;
(5) submit the strategy to the governor by January 15 of
each calendar year, along with a summary of activities occurring
during the previous year to prevent or reduce violence
experienced by children, young people, and their families; and
(6) assist appropriate professional and occupational
organizations, including organizations of law enforcement
officers, prosecutors, and educators, in developing and
operating informational and training programs to improve the
effectiveness of activities to prevent or reduce violence within
the family or community; and
(7) take other actions deemed necessary to reduce the
incidence of crime.
The commissioner also may, through this program, support
activities and strategies of the criminal gang council and
strike force as specified in sections 299A.64, 299A.65, and
299A.66.
(b) The assistant commissioner shall gather and make
available information on prevention and supply reduction
activities throughout the state, foster cooperation among
involved state and local agencies, and assist agencies and
public officials in training and other programs designed to
improve the effectiveness of prevention and supply reduction
activities.
(c) The assistant commissioner shall coordinate the
distribution of funds received by the state of Minnesota through
the federal Anti-Drug Abuse Act. The assistant commissioner
shall recommend to the commissioner determine recipients of
grants under sections 119A.30 and 299A.33, after consultation
with the chemical abuse prevention resource council.
(d) The assistant commissioner shall:
(1) after consultation with all state agencies involved in
prevention or supply reduction activities, develop a state
chemical abuse and dependency strategy encompassing the efforts
of those agencies and taking into account all money available
for prevention and supply reduction activities, from any source;
(2) submit the strategy to the governor by January 15 of
each year, along with a summary of prevention and supply
reduction activities during the preceding calendar year;
(3) assist appropriate professional and occupational
organizations, including organizations of law enforcement
officers, prosecutors, and educators, in developing and
operating informational and training programs to improve the
effectiveness of prevention and supply reduction activities;
(4) provide information, including information on drug
trends, and assistance to state and local agencies, both
directly and by functioning as a clearinghouse for information
from other agencies;
(5) facilitate cooperation among drug program agencies; and
(6) in coordination with the chemical abuse prevention
resource council, review, approve, and coordinate the
administration of prevention, criminal justice, and treatment
grants.
Sec. 2. Minnesota Statutes 1998, section 119A.28,
subdivision 2, is amended to read:
Subd. 2. [SPECIFIC DUTIES AND RESPONSIBILITIES.] In
furtherance of the general purpose specified in subdivision 1,
the council shall:
(1) assist state agencies in the coordination of drug
policies and programs and in the provision of services to other
units of government, communities, and citizens;
(2) promote among state agencies policies to achieve
uniformity in state and federal grant programs and to streamline
those programs;
(3) oversee comprehensive data collection and research and
evaluation of alcohol and drug program activities;
(4) seek the advice and counsel of appropriate interest
groups and advise the assistant commissioner of the office of
drug policy and violence prevention public safety;
(5) seek additional private funding for community-based
programs and research and evaluation;
(6) evaluate whether law enforcement narcotics task forces
should be reduced in number and increased in geographic size,
and whether new sources of funding are available for the task
forces;
(7) continue to promote clarity of roles among federal,
state, and local law enforcement activities; and
(8) establish criteria to evaluate law enforcement drug
programs.
Sec. 3. Minnesota Statutes 1998, section 119A.28,
subdivision 3, is amended to read:
Subd. 3. [GRANT PROGRAMS.] The council shall, in
coordination with the assistant commissioner of the office of
drug policy and violence prevention, review and approve state
agency plans regarding the use of federal funds for programs to
reduce chemical abuse or reduce the supply of controlled
substances. The appropriate state agencies would have
responsibility for management of state and federal drug grant
programs.
Sec. 4. Minnesota Statutes 1998, section 119A.29,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT; REQUIREMENTS.] The
commissioner of children, families, and learning public safety
may establish pilot projects at neighborhood centers serving
youths between the ages of 11 to 21. The centers may offer
recreational activities, social services, meals, job skills and
career services, and provide referrals for youths to other
available services outside the centers. The commissioner may
consult with other appropriate agencies and, to the extent
possible, use existing resources and staff in creating the
programs. The commissioner shall ensure that the programs, if
offered, are adequately staffed by specially trained personnel
and outreach street workers. Each center may integrate
community volunteers into the program's activities and services
and cooperate with local law enforcement agencies. The centers
must be open during hours convenient to youths including
evenings, weekends, and extended summer hours. However, there
may not be any conflicts with truancy laws. Each center must
have a plan for evaluation designed to measure the program's
effectiveness in aiding youths.
Sec. 5. Minnesota Statutes 1998, section 119A.31,
subdivision 3, is amended to read:
Subd. 3. [REPORT.] The commissioner shall submit a written
report to the children's cabinet and chairs of the committees of
the senate and house of representatives with jurisdiction over
criminal justice policy and funding of crime prevention
programs, by February 1 each year, based on the information
provided by applicants under this subdivision.
Sec. 6. Minnesota Statutes 1998, section 119A.32, is
amended to read:
119A.32 [OTHER DUTIES.]
The assistant commissioner assigned to the office of drug
policy and violence prevention of public safety, in consultation
with the chemical abuse and violence prevention council, shall:
(1) provide information and assistance upon request to
school preassessment teams established under section 121A.26 and
school and community advisory teams established under section
121A.27;
(2) provide information and assistance upon request to the
state board of pharmacy with respect to the board's enforcement
of chapter 152;
(3) cooperate with and provide information and assistance
upon request to the alcohol and other drug abuse section in the
department of human services;
(4) assist in coordinating coordinate the policy of the
office with that of the narcotic enforcement unit in the bureau
of criminal apprehension; and
(5) coordinate the activities of the regional drug task
forces, provide assistance and information to them upon request,
and assist in the formation of task forces in areas of the state
in which no task force operates.
Sec. 7. Minnesota Statutes 1998, section 119A.33, is
amended to read:
119A.33 [COOPERATION OF OTHER AGENCIES.]
State agencies, and agencies and governing bodies of
political subdivisions, shall cooperate with the assistant
commissioner assigned to the office of drug policy commissioner
of public safety and shall provide any public information
requested by the assistant commissioner assigned to the office
of drug policy.
Sec. 8. Minnesota Statutes 1998, section 119A.34,
subdivision 3, is amended to read:
Subd. 3. [GRANTS FOR DEMONSTRATION PROGRAM.] The assistant
commissioner of the office of drug policy public safety may
award a grant to a county, multicounty organization, or city, as
described in subdivision 1, for establishing and operating a
multidisciplinary chemical abuse prevention team. The assistant
commissioner may approve up to five applications for grants
under this subdivision. The grant funds must be used to
establish a multidisciplinary chemical abuse prevention team to
carry out the duties in subdivision 2.
Sec. 9. Minnesota Statutes 1998, section 119A.34,
subdivision 4, is amended to read:
Subd. 4. [ASSISTANT COMMISSIONER; ADMINISTRATION OF
GRANTS.] The assistant commissioner shall develop a process for
administering grants under subdivision 3. The process must be
compatible with the community grant program under the Drug Free
Schools and Communities Act, Public Law Number 100-690. The
process for administering the grants must include establishing
criteria the assistant commissioner shall apply in awarding
grants. The assistant commissioner shall issue requests for
proposals for grants under subdivision 3. The request must be
designed to obtain detailed information about the applicant and
other information the assistant commissioner considers necessary
to evaluate and select a grant recipient. The applicant shall
submit a proposal for a grant on a form and in a manner
prescribed by the assistant commissioner. The assistant
commissioner shall award grants under this section so that 50
percent of the funds appropriated for the grants go to the
metropolitan area comprised of Anoka, Carver, Dakota, Hennepin,
Ramsey, Scott, and Washington counties, and 50 percent of the
funds go to the area outside the metropolitan area. The process
for administering the grants must also include procedures for
monitoring the recipients' use of grant funds and reporting
requirements for grant recipients.
Sec. 10. Minnesota Statutes 1998, section 256.486,
subdivision 1, is amended to read:
Subdivision 1. [GRANT PROGRAM.] The commissioner of human
services public safety shall establish a grant program for
coordinated, family-based crime intervention and prevention
services for Asian-American youth. The commissioners of human
services, children, families, and learning, and public safety
shall work together to coordinate grant activities.
Sec. 11. Minnesota Statutes 1998, section 256.486,
subdivision 2, is amended to read:
Subd. 2. [GRANT RECIPIENTS.] The commissioner, in
consultation with the Asian-Pacific council, shall award grants
in amounts up to $150,000 to agencies based in the
Asian-American community that have experience providing
coordinated, family-based community services to Asian-American
youth and families.
Sec. 12. [299A.015] [TRANSFER FROM OTHER AGENCY; CHILDREN,
FAMILIES, AND LEARNING.]
The powers and duties of the department of children,
families, and learning with respect to the office of drug policy
and violence prevention and community advisory violence
prevention council under Minnesota Statutes 1998, sections
119A.25, 119A.26, 119A.27, 119A.28, 119A.29, 119A.31, 119A.32,
119A.33, and 119A.34, are transferred to the department of
public safety under section 15.039.
Sec. 13. Minnesota Statutes 1998, section 299A.62,
subdivision 1, is amended to read:
Subdivision 1. [PROGRAM ESTABLISHED.] A community-oriented
policing grant program is established under the administration
of the commissioner of public safety. Grants may be awarded as
provided in subdivision 2 for the following purposes:
(1) to enable local law enforcement agencies to hire law
enforcement officers. The grants must be used by law
enforcement agencies to increase the complement of officers in
the agency by paying the salaries of new officers who replace an
existing officer who has been reassigned primarily to
investigate and prevent juvenile crime or to perform
community-oriented policing duties; and
(2) to enable local law enforcement agencies to assign
overtime officers to high crime areas within their
jurisdictions; and
(3) to enable local law enforcement agencies to implement
or expand community-oriented policing projects, liaison efforts
with local school districts, and other innovative community
policing initiatives.
Sec. 14. Minnesota Statutes 1998, section 299C.65,
subdivision 2, is amended to read:
Subd. 2. [REPORT, TASK FORCE.] The policy group shall file
an annual report with the governor, supreme court, and
legislature chairs and ranking minority members of the senate
and house committees and divisions with jurisdiction over
criminal justice funding and policy by December 1 of each
even-numbered year.
The report must make recommendations concerning any
legislative changes or appropriations that are needed to ensure
that the criminal justice information systems operate accurately
and efficiently. To assist them in developing their
recommendations, the chair, the commissioners, and the
administrator shall appoint a task force consisting of the
members of the criminal and juvenile justice information policy
group or their designees and the following additional members:
(1) the director of the office of strategic and long-range
planning;
(2) two sheriffs recommended by the Minnesota sheriffs
association;
(3) two police chiefs recommended by the Minnesota chiefs
of police association;
(4) two county attorneys recommended by the Minnesota
county attorneys association;
(5) two city attorneys recommended by the Minnesota league
of cities;
(6) two public defenders appointed by the board of public
defense;
(7) two district judges appointed by the conference of
chief judges, one of whom is currently assigned to the juvenile
court;
(8) two community corrections administrators recommended by
the Minnesota association of counties, one of whom represents a
community corrections act county;
(9) two probation officers;
(10) two four public members, one of whom has been a victim
of crime, and two who are representatives of the private
business community who have expertise in integrated information
systems;
(11) two court administrators;
(12) two members one member of the house of representatives
appointed by the speaker of the house; and
(13) two members one member of the senate appointed by the
majority leader.;
(14) the attorney general or a designee;
(15) the commissioner of administration or a designee;
(16) an individual recommended by the Minnesota league of
cities; and
(17) an individual recommended by the Minnesota association
of counties.
In making these appointments, the appointing authority shall
select members with expertise in integrated data systems or best
practices.
Sec. 15. Minnesota Statutes 1998, section 299C.65,
subdivision 5, is amended to read:
Subd. 5. [REVIEW OF FUNDING REQUEST AND GRANT
REQUESTS.] (a) The criminal and juvenile justice information
policy group shall review the funding requests for criminal
justice information systems from state, county, and municipal
government agencies. The policy group shall review the requests
for compatibility to statewide criminal justice information
systems system standards. The review shall be forwarded to the
chairs and ranking minority members of the house judiciary
committee and judiciary finance division, and the chairs of the
senate crime prevention committee and crime prevention and
judiciary finance division and senate committees and divisions
with jurisdiction over criminal justice funding and policy.
(b) The policy group shall also review funding requests for
criminal justice information systems grants to be made by the
commissioner of public safety as provided in this section.
Within the limits of available appropriations, the commissioner
of public safety shall make grants for projects that have been
approved by the policy group.
(c) If a funding request is for development of a
comprehensive criminal justice information integration plan, the
policy group shall ensure that the request contains the
components specified in subdivision 6. If a funding request is
for implementation of a plan or other criminal justice
information systems project, the policy group shall ensure that:
(1) the government agency has adopted a comprehensive plan
that complies with subdivision 6;
(2) the request contains the components specified in
subdivision 7; and
(3) the request demonstrates that it is consistent with the
government agency's comprehensive plan.
Sec. 16. Minnesota Statutes 1998, section 299C.65, is
amended by adding a subdivision to read:
Subd. 6. [DEVELOPMENT OF INTEGRATION PLAN.] (a) If a
funding request is for funds to develop a comprehensive criminal
justice information integration plan to integrate all systems
within a jurisdiction, the requesting agency must submit to the
policy group a request that contains the following components:
(1) the vision, mission, goals, objectives, and scope of
the integration plan;
(2) a statement of need identifying problems,
inefficiencies, gaps, overlaps, and barriers within the
requesting agency's jurisdiction, including those related to
current systems and interfaces, business practices, policies,
laws, and rules;
(3) a list of agency heads and staff who will direct the
effort and a statement demonstrating collaboration among all of
the agencies involved;
(4) a statement that the integration plan would integrate
all systems within the six major business functions of the
criminal justice community, including incident reporting,
investigation, arrest, detention, adjudication, and disposition,
including postsentence supervision and treatment, and related
civil, family, and human services proceedings, processes, and
services, to the extent it was cost beneficial;
(5) a statement demonstrating that the requesting agency
has consulted with individuals involved in day-to-day business
practices, use, and operation of current criminal justice
information systems so as to identify barriers and gaps;
(6) a planning methodology that will result in at least the
following deliverables:
(i) an identification of problems in the state's criminal
justice data model, where applicable, including data policy
problems and proposed changes;
(ii) a function and process model that includes business
process improvement and redesign opportunities, prioritized
business change objectives, and short-term opportunities for
improvement that can be pursued immediately while developing and
implementing the long-range integration plan;
(iii) a technology model that includes network,
communication, and security standards and guidelines;
(iv) an application architecture;
(v) a complete gap analysis that includes identification of
gaps, omissions, and redundancies in the collection and
dissemination of criminal justice information in the requesting
agency's jurisdiction;
(vi) an assessment of current and alternative directions
for business practices, applications, and technology, ranging
from simple modifications to complete redesign;
(vii) a business process redesign model, showing existing
and redesigned process and process vision, future performance
targets, design principles, new process flow, and benefits; and
(viii) a long-range integration plan that includes time
frames for the retirement, renewal, or redevelopment of systems
and applications identified in clauses (i) to (vii) along with
justification based on age, business processes not supported,
and data deficiencies;
(7) projected timelines for developing and executing the
plan;
(8) an estimate of the resources needed to develop,
execute, operate, and maintain the integration plan;
(9) a statement that the final integration plan will
contain all the components in this subdivision in final form;
(10) an identification of how the applicant will satisfy
the match requirements of subdivision 8; and
(11) any other matters the policy group deems necessary for
successful development or implementation of the integration plan
and resulting systems.
(b) An agency may submit an interim integration plan to the
policy group if it identifies high priority integration tasks
during the development of the integration plan. The interim
plan shall identify the tasks and the business case for
completing these tasks in advance of completing the entire plan.
Sec. 17. Minnesota Statutes 1998, section 299C.65, is
amended by adding a subdivision to read:
Subd. 7. [IMPLEMENTATION OF INTEGRATION PLAN.] If the
request is for funds to implement an integration plan, the
requesting agency must submit the following to the policy group:
(1) an integration plan containing the components described
in subdivision 6;
(2) a description of how implementation of the integration
plan will improve operation of the criminal justice system in
the requesting agency's jurisdiction;
(3) an identification of how the applicant will satisfy the
match requirement in subdivision 8; and
(4) a means for evaluating outcomes of the plan's
implementation.
Sec. 18. Minnesota Statutes 1998, section 299C.65, is
amended by adding a subdivision to read:
Subd. 8. [LOCAL MATCH.] The policy group may approve
grants only if the applicant provides matching funds to pay
one-half of the costs of developing or implementing the
integration plan. The policy group shall adopt policies
concerning the use of in kind resources to satisfy a portion of
the match requirement and the sources from which matching funds
may be obtained.
Sec. 19. Minnesota Statutes 1998, section 299C.65, is
amended by adding a subdivision to read:
Subd. 9. [DOCUMENTATION AND REPORTING REQUIREMENTS.] Every
recipient of matching funds to develop or implement an
integration plan shall submit to the policy group all requested
documentation, including final plans and a report evaluating
whether and how the development or implementation of the
integration plan improved the operation of the criminal justice
system in the requesting agency's jurisdiction. The policy
group shall establish the recipient's reporting dates at the
time funds are awarded.
Sec. 20. [INTEGRATED CRIMINAL JUSTICE INFORMATION SYSTEM
AID; REPORT REQUIRED.]
By January 15, 2000, the legislative commission on planning
and fiscal policy shall report 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 advisability of using county criminal justice aid
to encourage the development of integrated criminal justice
information systems.
Sec. 21. [LIQUOR LAW COMPLIANCE CHECK GRANT PROGRAM.]
The commissioner of public safety may award grants to local
units of government to conduct compliance checks for on-sale and
off-sale intoxicating liquor license holders to determine
whether the license holder is complying with Minnesota Statutes,
section 340A.503. The commissioner shall develop criteria for
issuing grants under this section. By February 1, 2000, and
February 1, 2001, grant recipients shall report to the
commissioner on how grant money was used, including information
on compliance checks conducted in the reporting period.
Sec. 22. [REGIONAL ADULT DETENTION FACILITY CONSTRUCTION
PLANNING GRANTS.]
Subdivision 1. [GRANT PROGRAM ESTABLISHED; CONTENTS OF
REQUIRED PLANS.] The supreme court, through the state court
administrator, shall make grants under this section to judicial
districts, groups of two or more counties, or groups that
include at least one county or judicial district and a tribal
government, to plan the construction of regional adult detention
facilities. Grant recipients shall use the money to develop a
plan that, at a minimum, must include the following items
related to the facility, if known: its location, its inmate
capacity, any services to be offered to inmates, its
construction costs, its per diem and operating costs, and its
number of beds, if any, that will be available for use by
counties or other entities outside the judicial district. If
the amount of the grant permits, the recipient shall conduct a
predesign study for the proposed facility.
Subd. 2. [GRANT DISTRIBUTION.] The state court
administrator shall distribute grants equitably across the state
so that the planning needs of each judicial district for
construction of regional adult detention facilities are
addressed. The state court administrator shall award grants and
determine the amount of grants in a manner that attempts to
bring judicial districts across the state to a uniform level of
planning for the construction of regional adult detention
facilities. To further this goal, if the state court
administrator determines that the planning contemplated by this
section has already been conducted for a judicial district, the
administrator shall increase the amount of grants to recipients
from districts not as far advanced in the planning process to
bring these districts up to the level of the districts that have
conducted planning.
Subd. 3. [REPORT REQUIRED.] (a) By January 15, 2000, the
state court administrator shall report to the chairs and ranking
minority members of the senate and house committees or divisions
having jurisdiction over criminal justice funding on grants made
pursuant to this section.
(b) By January 15, 2000, recipients of grants shall forward
the plans funded by the grant to the chairs and ranking minority
members of the senate and house committees or divisions having
jurisdiction over criminal justice funding.
Sec. 23. [PILOT PROJECT GRANT PROGRAM TO PROVIDE SERVICES
TO CRIME VICTIMS AND WITNESSES.]
Subdivision 1. [PROGRAM ESTABLISHED.] The executive
director of the center for crime victim services shall
administer a pilot project grant program and make grants to
nonprofit organizations to provide neighborhood-based services
to victims and witnesses of crime during the period between the
occurrence of the crime and the filing of charges against the
alleged perpetrator. Grant recipients must target victims and
witnesses of crime from groups that currently underreport crime,
including recent immigrants or refugees, communities of color,
and victims of bias-motivated crime. Services must be provided
in locations and at times typically convenient to prospective
clients. The types of services that may be offered by grant
recipients are those that attempt to address the lack of trust
and understanding that prospective clients have of the criminal
justice system and include legal advice and advocacy services.
The executive director shall ensure that grants under this
section fund pilot projects offering the described services in
at least two locations.
Subd. 2. [REQUIRED REPORT.] By January 15, 2002, the
executive director shall report to the chairs and ranking
minority members of the senate and house committees and
divisions having jurisdiction over criminal justice funding on
the grants made and pilot projects funded under this section.
Sec. 24. [PILOT PROJECT FOR COMMUNITY JUSTICE ZONE IN
DAKOTA COUNTY.]
Subdivision 1. [PILOT PROJECT ESTABLISHED.] Dakota county
is authorized to establish a community justice zone pilot
project that includes the redesign of juvenile court.
Subd. 2. [PROGRAM DESIGN AND IMPLEMENTATION.] Dakota
county shall select two or three communities within Dakota
county as sites for the pilot project. Within each community
selected, the Dakota county juvenile court and the department of
community corrections shall identify organizations to serve as
partners in the redesign of juvenile court and development of
community justice zones. The partner organizations shall
include schools, social service agencies, law enforcement
agencies, city officials, housing representatives, community
groups, and faith communities. The juvenile court and
department of community corrections shall meet with
representatives of the partner organizations to identify common
values and to adopt an action plan. The action plan may
include, but not be limited to, any or all of the following:
(1) community forums with criminal justice system
representatives;
(2) community notification and involvement in prison
release cases;
(3) development of a criminal justice team with a community
prosecutor, local police officers, and probation officers;
(4) a prosecutor outreach program in designated community
schools;
(5) support circles for supervised release offenders;
(6) probation and police teams;
(7) expansion of circle sentencing and development of
guidelines for circle sentencing;
(8) probation officers working out of police stations;
(9) peace officer and probation officer ride-along
programs;
(10) expansion of school-based probation; and
(11) crime prevention outreach through local cable
television and other media outlets.
Subd. 3. [REPORT.] The Dakota county community corrections
department with the Dakota county juvenile court shall report to
the house and senate committees responsible for criminal justice
policy by January 15, 2001, with an evaluation of the project
and recommendations for implementation in other jurisdictions.
Sec. 25. [RESIDENTIAL PROGRAMS FOR WOMEN LEAVING
PROSTITUTION; GRANT.]
Subdivision 1. [GRANT AUTHORIZED.] The executive director
of the center for crime victim services shall award a grant to a
nonprofit organization to develop and administer a residential
program for women leaving prostitution. The executive director
shall award a grant to a nonprofit organization that can
demonstrate a 25 percent funding match. The funding match may
come from local or federal sources, the nonprofit organization,
or any other source. Residential program services include, but
are not limited to, chemical dependency services, sexual trauma
mental health services, and independent living skills
preparation, including living skills development and
coordination of community resources for personal and family
stability and success.
Subd. 2. [GRANT ADMINISTRATION.] The executive director
shall develop a process for administering the grant, including
criteria for the grant. The executive director shall issue a
request for proposals for a grant under subdivision 1. The
request must be designed to obtain detailed information about
the applicant and other information the executive director
considers necessary to evaluate and select a grant recipient.
The applicant shall submit a proposal grant on a form and in a
manner prescribed by the executive director.
Sec. 26. [BUREAU OF CRIMINAL APPREHENSION, BEMIDJI
SATELLITE LABORATORY FACILITY.]
Subdivision 1. [LEASE-PURCHASE AGREEMENT.] The
commissioner of administration and the city of Bemidji may enter
into a lease-purchase agreement providing for the state to
acquire a northern satellite laboratory facility for the bureau
of criminal apprehension in the city of Bemidji, for which
predesign money was appropriated in Laws 1998, chapter 404,
section 13, subdivision 11. The lease-purchase agreement is
subject to the following terms:
(1) the term of the lease must not exceed 20 years;
(2) the lease-purchase agreement must provide the
commissioner of administration with a unilateral right to
purchase the satellite laboratory facility from the city of
Bemidji at the end of the lease term for a specified amount
based upon the outstanding balance of the revenue bonds issued
by the city under subdivision 2;
(3) the lease-purchase agreement must provide for the
construction of the satellite laboratory facility in accordance
with the plans and specifications submitted by the commissioner;
(4) the lease-purchase agreement must provide for annual
lease payments to the city of Bemidji equal to the annual
principal and interest payments due on the revenue bonds issued
by the city under subdivision 2, plus any service fees charged
by the trustee or paying agent in connection with the bond
payments; and
(5) the lease-purchase agreement must provide the
commissioner with complete authority over the construction,
operation, and maintenance of the satellite laboratory facility.
Subd. 2. [CONSTRUCTION OF FACILITY.] The city of Bemidji
may acquire the necessary site and construct, or cause to be
constructed, the satellite laboratory facility in accordance
with the lease-purchase agreement authorized in subdivision 1.
The city of Bemidji may issue revenue bonds to finance site
acquisition and construction of the satellite laboratory
facility under Minnesota Statutes, chapter 475, provided that
the bonds are deemed to be payable wholly from the proceeds of a
revenue producing convenience for all purposes of Minnesota
Statutes, chapter 475.
Sec. 27. [DOMESTIC FATALITY REVIEW TEAM PILOT PROJECT.]
Subdivision 1. [PILOT PROJECT AUTHORIZED; PURPOSE.] The
fourth judicial district may establish a domestic fatality
review team as a 30-month pilot project to review domestic
violence deaths that have occurred in the district. The purpose
of the review team is to assess domestic violence deaths in
order to develop recommendations for policies and protocols for
community prevention and intervention initiatives to reduce and
eliminate the incidence of domestic violence and resulting
fatalities.
Subd. 2. [DEFINITION OF DOMESTIC VIOLENCE
DEATH.] "Domestic violence death" means a homicide or suicide
under any of the following circumstances:
(1) the alleged perpetrator and victim resided together at
any time;
(2) the alleged perpetrator and victim have a child in
common, regardless of whether they were married or lived
together at any time;
(3) the alleged perpetrator and victim were married,
separated, or divorced;
(4) the alleged perpetrator and victim had a sexual
relationship or a significant romantic relationship;
(5) the alleged perpetrator had been stalking the victim;
(6) the homicide victim lived in the same household, was
present in the workplace of, was in proximity of, or was related
by blood or affinity to a victim who experienced or was
threatened with domestic abuse by the alleged perpetrator;
(7) the victim or the perpetrator was a child of a person
in a relationship that is described within this definition; or
(8) any other circumstances that the domestic fatality
review team decides falls within the parameters of its mission.
"Domestic violence death" must be interpreted broadly to
give the domestic fatality review team discretion to review
fatalities that have occurred both directly and peripherally to
domestic relationships.
Subd. 3. [MEMBERSHIP.] (a) The chief judge, in
consultation with the family violence coordinating council,
shall appoint the members of the domestic fatality review team.
Membership must reflect a commitment to diversity and relevant
professional experience. The review team members must include:
(1) the medical examiner;
(2) a judicial court officer (judge or referee);
(3) a county and city attorney and a public defender;
(4) the county sheriff and a peace officer;
(5) a representative from family court services and the
department of corrections;
(6) a physician familiar with domestic violence issues;
(7) a representative from district court administration and
the domestic abuse service center;
(8) a public citizen representative or a representative
from a civic organization;
(9) a mental health professional; and
(10) domestic violence advocates or shelter workers.
(b) There must be at least three domestic violence
advocates or shelter workers on the domestic fatality review
team. No two members may represent the same agency. Members
representing advocates or shelters must be selected by the
advocacy community. At least one position must be designated
for a minority representative and one position must rotate in
order to include an advocate from the community in which the
fatality under review took place.
(c) The domestic fatality review team may also invite other
relevant persons to serve on an ad hoc basis and participate as
full members of the review team for a particular review. These
persons may include, but are not limited to:
(1) individuals with particular expertise that would be
helpful to the review panel; or
(2) representatives of organizations or agencies that had
contact with or provided services to the homicide victim, or to
the alleged perpetrator, a victim who experienced or was
threatened with domestic abuse by the alleged perpetrator, or a
family member of one of those individuals.
Subd. 4. [EVALUATION AND REPORT.] (a) The domestic
fatality review team shall develop a system for evaluating the
effectiveness of its program and shall focus on identifiable
goals and outcomes. An evaluation must include data components
as well as input from individuals involved in the review process.
(b) The domestic fatality review team shall issue two
annual reports to the legislature during the pilot project; one
on or before December 31, 2000, and one on or before December
31, 2001. The reports must consist of the written aggregate
recommendations of the domestic fatality review team without
reference to specific cases. The December 31, 2001, report must
include recommendations for legislation. The reports must be
available upon request and distributed to the governor, attorney
general, supreme court, county board, and district court.
Sec. 28. [INSTRUCTION TO REVISOR.]
The revisor of statutes shall renumber each section of
Minnesota Statutes listed in column A with the number listed in
column B. The revisor shall also make necessary cross-reference
changes consistent with the renumbering.
Column A Column B
119A.25 299A.281
119A.26 299A.282
119A.27 299A.283
119A.28 299A.284
119A.29 299A.285
119A.31 299A.286
119A.32 299A.287
119A.33 299A.288
119A.34 299A.289
256.486 299A.2892
Sec. 29. [REPEALER.]
Minnesota Statutes 1998, section 119A.04, subdivision 5, is
repealed.
ARTICLE 3
GENERAL CRIMINAL PROVISIONS
Section 1. Minnesota Statutes 1998, section 340A.703, is
amended to read:
340A.703 [MISDEMEANORS.]
Where no other penalty is specified a violation of any
provision of this chapter is a misdemeanor. A minimum fine of
$100 must be assessed against a person under the age of 21 years
who violates section 340A.503.
Sec. 2. Minnesota Statutes 1998, section 590.01,
subdivision 1, is amended to read:
Subdivision 1. [PETITION.] Except at a time when direct
appellate relief is available, a person convicted of a crime,
who claims that:
(1) the conviction obtained or the sentence or other
disposition made violated the person's rights under the
Constitution or laws of the United States or of the state,; or
(2) scientific evidence not available at trial, obtained
pursuant to a motion granted under subdivision 1a, establishes
the petitioner's actual innocence;
may commence a proceeding to secure relief by filing a petition
in the district court in the county in which the conviction was
had to vacate and set aside the judgment and to discharge the
petitioner or to resentence the petitioner or grant a new trial
or correct the sentence or make other disposition as may be
appropriate. Nothing contained herein shall prevent the supreme
court or the court of appeals, upon application by a party, from
granting a stay of a case on appeal for the purpose of allowing
an appellant to apply to the district court for an evidentiary
hearing under the provisions of this chapter. The proceeding
shall conform with sections 590.01 to 590.06.
Sec. 3. Minnesota Statutes 1998, section 590.01, is
amended by adding a subdivision to read:
Subd. 1a. [MOTION FOR FINGERPRINT OR FORENSIC TESTING NOT
AVAILABLE AT TRIAL.] (a) A person convicted of a crime may make
a motion for the performance of fingerprint or forensic DNA
testing to demonstrate the person's actual innocence if:
(1) the testing is to be performed on evidence secured in
relation to the trial which resulted in the conviction; and
(2) the evidence was not subject to the testing because
either the technology for the testing was not available at the
time of the trial or the testing was not available as evidence
at the time of the trial.
The motion shall be filed before the district court that entered
the judgment of conviction. Reasonable notice of the motion
shall be served on the prosecuting attorney who represented the
state at trial.
(b) A person who makes a motion under paragraph (a) must
present a prima facie case that:
(1) identity was an issue in the trial; and
(2) the evidence to be tested has been subject to a chain
of custody sufficient to establish that it has not been
substituted, tampered with, replaced, or altered in any material
aspect.
(c) The court shall order that the testing be performed if:
(1) a prima facie case has been established under paragraph
(b);
(2) the testing has the scientific potential to produce
new, noncumulative evidence materially relevant to the
defendant's assertion of actual innocence; and
(3) the testing requested employs a scientific method
generally accepted within the relevant scientific community.
The court shall impose reasonable conditions on the testing
designed to protect the state's interests in the integrity of
the evidence and the testing process.
Sec. 4. Minnesota Statutes 1998, section 609.035,
subdivision 1, is amended to read:
Subdivision 1. Except as provided in subdivisions 2, 3,
and 4, and 5, and in sections 609.251, 609.585, 609.21,
subdivisions 3 and 4, 609.2691, 609.486, 609.494, and 609.856,
if a person's conduct constitutes more than one offense under
the laws of this state, the person may be punished for only one
of the offenses and a conviction or acquittal of any one of them
is a bar to prosecution for any other of them. All the
offenses, if prosecuted, shall be included in one prosecution
which shall be stated in separate counts.
Sec. 5. Minnesota Statutes 1998, section 609.035,
subdivision 2, is amended to read:
Subd. 2. (a) When a person is being sentenced for a
violation of a provision listed in paragraph (f), the court may
sentence the person to a consecutive term of imprisonment for a
violation of any other provision listed in paragraph (f),
notwithstanding the fact that the offenses arose out of the same
course of conduct, subject to the limitation on consecutive
sentences contained in section 609.15, subdivision 2, and except
as provided in paragraphs (b), (c), and (d) of this subdivision.
(b) When a person is being sentenced for a violation of
section 169.129 the court may not impose a consecutive sentence
for a violation of a provision of section 169.121, subdivision
1, or for a violation of a provision of section 171.20, 171.24,
or 171.30.
(c) When a person is being sentenced for a violation of
section 171.20, 171.24, or 171.30, the court may not impose a
consecutive sentence for another violation of a provision in
chapter 171.
(d) When a person is being sentenced for a violation of
section 169.791 or 169.797, the court may not impose a
consecutive sentence for another violation of a provision of
sections 169.79 to 169.7995.
(e) This subdivision does not limit the authority of the
court to impose consecutive sentences for crimes arising on
different dates or to impose a consecutive sentence when a
person is being sentenced for a crime and is also in violation
of the conditions of a stayed or otherwise deferred sentence
under section 609.135.
(f) This subdivision applies to misdemeanor and gross
misdemeanor violations of the following if the offender has two
or more prior impaired driving convictions as defined in section
169.121, subdivision 3:
(1) section 169.121, subdivision 1, driving while
intoxicated;
(2) section 169.121, subdivision 1a, testing refusal;
(3) section 169.129, aggravated driving while intoxicated;
(4) section 169.791, failure to provide proof of insurance;
(5) section 169.797, failure to provide vehicle insurance;
(6) section 171.20, subdivision 2, operation after
revocation, suspension, cancellation, or disqualification;
(7) section 171.24, driving without valid license; and
(8) section 171.30, violation of condition of limited
license; and
(9) section 609.487, fleeing a peace officer.
Sec. 6. Minnesota Statutes 1998, section 609.035, is
amended by adding a subdivision to read:
Subd. 5. [EXCEPTION; FLEEING A PEACE OFFICER.]
Notwithstanding subdivision 1, a prosecution or conviction for
violating section 609.487 is not a bar to conviction of or
punishment for any other crime committed by the defendant as
part of the same conduct. If an offender is punished for more
than one crime as authorized by this subdivision and the court
imposes consecutive sentences for the crimes, the consecutive
sentences are not a departure from the sentencing guidelines.
Sec. 7. Minnesota Statutes 1998, 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, 609.345, or 617.23, subdivision 3, clause (2),
who is convicted of violating one of those sections any of the
following, and the person is convicted of that offense or of any
offense arising out of the same set of circumstances;:
(i) murder under section 609.185, 609.19, or 609.195;
(ii) manslaughter under section 609.20 or 609.205;
(iii) assault under section 609.221, 609.222, or 609.223;
(iv) robbery under section 609.24 or aggravated robbery
under section 609.245;
(v) kidnapping under section 609.25;
(vi) false imprisonment under section 609.255;
(vii) criminal sexual conduct under section 609.342,
609.343, 609.344, or 609.345;
(viii) incest under section 609.365;
(ix) burglary under section 609.582, subdivision 1; or
(x) indecent exposure under section 617.23, subdivision 3,
clause (2);
(2) the court sentences a person as a patterned sex
offender under section 609.108; 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, 609.345, or 617.23, subdivision 3, clause (2)
any of the following, 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:
(i) murder under section 609.185, 609.19, or 609.195;
(ii) manslaughter under section 609.20 or 609.205;
(iii) assault under section 609.221, 609.222, or 609.223;
(iv) robbery under section 609.24 or aggravated robbery
under section 609.245;
(v) kidnapping under section 609.25;
(vi) false imprisonment under section 609.255;
(vii) criminal sexual conduct under section 609.342,
609.343, 609.344, or 609.345;
(viii) incest under section 609.365;
(ix) burglary under section 609.582, subdivision 1; or
(x) indecent exposure under section 617.23, subdivision 3,
clause (2).
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. 8. Minnesota Statutes 1998, 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, 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 609.108, 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 a person to provide a
biological specimen for the purpose of DNA analysis before
completion of the person's term of imprisonment. when the person
has not provided a biological specimen for the purpose of DNA
analysis and the person:
(1) was convicted of violating or attempting to violate any
of the following or initially charged with violating one of the
following sections and convicted of another offense arising out
of the same set of circumstances:
(i) murder under section 609.185, 609.19, or 609.195;
(ii) manslaughter under section 609.20 or 609.205;
(iii) assault under section 609.221, 609.222, or 609.223;
(iv) robbery under section 609.24 or aggravated robbery
under section 609.245;
(v) kidnapping under section 609.25;
(vi) false imprisonment under section 609.255;
(vii) criminal sexual conduct under section 609.342,
609.343, 609.344, or 609.345;
(viii) incest under section 609.365;
(ix) burglary under section 609.582, subdivision 1; or
(x) indecent exposure under section 617.23, subdivision 3,
clause (2); or
(2) was sentenced as a patterned sex offender under section
609.108, and committed to the custody of the commissioner of
corrections; or
(3) is 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. The commissioner of
corrections or local corrections authority shall forward the
sample to the bureau of criminal apprehension.
Sec. 9. [INSTRUCTION TO REVISOR.]
The revisor of statutes shall renumber Minnesota Statutes
1998, section 609.3461, as section 609.117.
Sec. 10. [REPEALER.]
Minnesota Statutes 1998, section 609.113, is repealed.
Sec. 11. [EFFECTIVE DATE.]
Sections 1 and 4 to 6 are effective August 1, 1999, and
apply to crimes committed on or after that date.
Sections 7 to 9 are effective July 1, 2000, and apply to
offenders sentenced or released on or after that date.
Section 10 is effective the day after final enactment.
ARTICLE 4
CORRECTIONS
Section 1. Minnesota Statutes 1998, section 16B.35, is
amended by adding a subdivision to read:
Subd. 1b. [EXCEPTION.] A prohibition on using state
appropriations to pay for art in correctional facilities does
not apply to art produced through programming in correctional
facilities.
Sec. 2. Minnesota Statutes 1998, section 241.016, is
amended to read:
241.016 [AGENCY ANNUAL PERFORMANCE REPORTING; RECIDIVISM
ANALYSIS REPORT REQUIRED.]
Subdivision 1. [ANNUAL REPORT.] Notwithstanding section
15.91, the department of corrections shall 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 section 15.91 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. 3. Minnesota Statutes 1998, section 241.0221,
subdivision 4, is amended to read:
Subd. 4. [MINIMUM STANDARDS.] (a) The commissioner shall
establish, under chapter 14, minimum standards for the
construction or rehabilitation of all local detention facilities
and their operations by July 1, 1993. Interim standards
developed by the commissioner may be used until that time.
(b) The commissioner shall establish requirements for
alternative detention program subsidies and the maximum amount
of funding each eligible participating county can receive.
These subsidy requirements are not subject to chapter 14
procedures. Compliance with requirements established by the
commissioner constitutes a minimum requirement for the granting
of subsidy funding.
(c) The commissioner may administratively establish minimum
training service requirements and the maximum amount of funding
that will be annually expended by the department of corrections
for such training.
Sec. 4. [241.272] [FEE COLLECTION.]
Subdivision 1. [DEFINITION.] (a) As used in this section,
the following terms have the meanings given them:
(b) "Correctional fees" include fees for the following
correctional services:
(1) community service work placement and supervision;
(2) restitution collection;
(3) supervision;
(4) court-ordered investigations; or
(5) any other service provided by a probation officer or
parole agency for offenders supervised by the commissioner of
corrections.
(c) "Probation" has the meaning given in section 609.02,
subdivision 15.
(d) "Supervised release" has the meaning given in section
244.01, subdivision 7.
Subd. 2. [CORRECTIONAL FEES ESTABLISHED.] To defray costs
associated with correctional services, the commissioner of
corrections may establish a schedule of correctional fees to
charge persons convicted of a crime and supervised by the
commissioner. The correctional fees on the schedule must be
reasonably related to offenders' abilities to pay and the actual
cost of correctional services.
Subd. 3. [FEE COLLECTION.] (a) The commissioner of
corrections may impose and collect fees from individuals on
probation and supervised release at any time while the offender
is under sentence or after the sentence has been discharged.
(b) The commissioner may use any available civil means of
debt collection in collecting a correctional fee.
Subd. 4. [EXEMPTION FROM FEE.] The commissioner of
corrections may waive payment of the fee if the commissioner
determines that the offender does not have the ability to pay
the fee, the prospects for payment are poor, or there are
extenuating circumstances justifying waiver of the fee. Instead
of waiving the fee, the commissioner may require the offender to
perform community work service as a means of paying the fee.
Subd. 5. [RESTITUTION PAYMENT PRIORITY.] If an offender
has been ordered by a court to pay restitution, the offender
shall be obligated to pay the restitution ordered before paying
the correctional fee. However, if the offender is making
reasonable payments to satisfy the restitution obligation, the
commissioner may also collect a correctional fee.
Subd. 6. [USE OF FEES.] Correctional fees collected under
this section go to the general fund.
Subd. 7. [ANNUAL REPORT.] Beginning January 15, 2001, the
commissioner shall submit an annual report on the implementation
of this section to the chairs and ranking minority members of
the senate and house committees and divisions with jurisdiction
over criminal justice funding and policy. At a minimum, the
report shall include information on the types of correctional
services for which fees were imposed, the aggregate amount of
fees imposed, and the amount of fees collected.
Sec. 5. Minnesota Statutes 1998, section 241.275,
subdivision 1, is amended to read:
Subdivision 1. [PROGRAM ESTABLISHMENT.] (a) As used in
this section, "correctional facility" includes a community-based
day program to in which an adult or juvenile offender is
sentenced in lieu of incarceration placed as part of a sentence
or disposition order, if the program provides close supervision
of offenders through such means as electronic monitoring and
drug and alcohol testing.
(b) The All counties of Hennepin, Ramsey, and St. Louis
shall each are encouraged to establish a productive day
initiative program in their correctional facilities as described
in this section for adult and juvenile offenders under their
jurisdiction. The productive day program shall be designed to
motivate sentenced offenders in local correctional
facilities offenders to develop basic life and work skills
through training and education, thereby creating opportunities
for offenders to achieve more successful integration into the
community upon their release.
Sec. 6. Minnesota Statutes 1998, section 241.275,
subdivision 2, is amended to read:
Subd. 2. [PROGRAM COMPONENTS.] The productive day
initiative programs shall may include, but are not limited to,
components described in paragraphs (a) to (c).
(a) The initiative programs shall may contain programs
designed to promote the offender's self-esteem, self-discipline,
and economic self-sufficiency by providing structured training
and education with respect to basic life skills, including
hygiene, personal financial budgeting, literacy, and conflict
management.
(b) The programs shall may contain individualized
educational, vocational, and work programs designed to
productively occupy an offender for at least eight hours a day.
(c) The program administrators shall may develop
correctional industry programs, including marketing efforts to
attract work opportunities both inside correctional facilities
and outside in the community. Program options may include
expanding and reorganizing on-site industry programs, locating
off-site industry work areas, community service work programs,
and employment programs. To develop innovative work programs,
program administrators may enlist members of the business and
labor community to help target possible productive enterprises
for offender work programs.
(d) Whenever offenders are assigned to work within the
correctional facility or with any state department or agency,
local unit of government, or other government subdivision, the
program administrator must certify to the appropriate bargaining
agent that work performed by offenders will not result in the
displacement of current employed workers or workers on seasonal
layoff or layoff from a substantially equivalent position,
including partial displacement such as reduction in hours of
work other than overtime work, wages, or other employment
benefits.
Sec. 7. Minnesota Statutes 1998, 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 and of juvenile females committed
to the commissioner of corrections. 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. 8. [243.94] [MINNESOTA CORRECTIONAL FACILITY - RUSH
CITY.]
There is established the Minnesota correctional facility -
Rush City at Rush City, Minnesota, in which may be placed
persons committed to the commissioner of corrections by the
courts of this state who, in the opinion of the commissioner,
may benefit from the programs available in the facility. The
general control and management of the facility shall be under
the commissioner of corrections.
Sec. 9. Minnesota Statutes 1998, section 244.18,
subdivision 3, is amended to read:
Subd. 3. [FEE COLLECTION.] The chief executive officer of
a local correctional agency may collect local correctional fees
assessed under section 609.102. The local correctional agency
may collect the fee at any time while the offender is under
sentence or after the sentence has been discharged. A local
probation and parole agency established under section 244.19 or
community corrections agency established under section 401.02
may not impose a fee under this section if the offender is
supervised by the commissioner of corrections and the
commissioner of corrections imposes and collects a fee under
section 241.272. The agency may use any available civil means
of debt collection in collecting a local correctional fee.
Sec. 10. Minnesota Statutes 1998, section 609.102, is
amended by adding a subdivision to read:
Subd. 2a. [IMPOSITION OF CORRECTIONAL FEE.] When a person
convicted of a crime is supervised by the commissioner of
corrections, the commissioner may collect a correctional fee
under section 241.272.
Sec. 11. [CAMP RIPLEY WORK PROGRAM; CLOSURE.]
By June 30, 1999, all offenders sentenced to the Camp
Ripley work program under Minnesota Statutes, section 609.113,
must be transferred back to the sentencing county to complete
their sentences in a local facility.
Sec. 12. [SELECTION OF VENDOR TO OPERATE EDUCATIONAL
PROGRAM AT MCF-RED WING.]
The assessment for excellence task force, appointed by the
commissioner of corrections, shall assist the commissioner of
administration in developing a request for proposals from
vendors to operate the educational program at the Minnesota
correctional facility - Red Wing. The commissioner of
administration shall issue the request for proposals by November
1, 1999, and shall select a vendor who shall begin operating the
program by January 1, 2000. The department of corrections may
respond to the request for proposals.
Sec. 13. [STUDY OF CORRECTIONAL OFFICER STAFFING.]
Subdivision 1. [STUDY REQUIRED.] The commissioner of
corrections shall study issues related to correctional officer
staffing at correctional facilities under the commissioner's
control. The study must focus on the ratio of supervisory
officers to nonsupervisory officers, the criteria and average
length of time for promotion to supervisory positions, the
salaries of supervisory and nonsupervisory officers, the ratio
of all officers to inmates, and other related issues. To the
degree feasible, the commissioner shall compare the department's
staffing system and pay scale to that of other states with
comparable correctional systems, the federal government, and
private correctional vendors.
Subd. 2. [REPORT REQUIRED.] By January 15, 2000, the
commissioner shall report to the chairs and ranking minority
members of the senate and house committees and divisions having
jurisdiction over criminal justice funding on the results of the
study described in subdivision 1.
Sec. 14. [MINNESOTA CORRECTIONAL FACILITY - SAUK CENTRE;
TRANSFER.]
Before January 1, 2000, the commissioner of corrections
shall transfer the residents of the Minnesota correctional
facility - Sauk Centre to other facilities. On January 1, 2000,
responsibility for operating and maintaining the state land and
buildings that compose the Minnesota correctional facility -
Sauk Centre is transferred to the commissioner of administration
under Minnesota Statutes, section 15.039.
Sec. 15. [AUTHORITY TO ISSUE RFP; JUVENILE FEMALE
PROGRAMMING.]
(a) The commissioner of corrections may develop and issue a
request for proposals from vendors to provide residential
services to juvenile females committed to the custody of the
commissioner of corrections. The commissioner also may select a
vendor to provide the services.
(b) The authority granted under this section exists until a
state-operated juvenile female facility is available to house
juvenile female offenders.
Sec. 16. [STUDY ON SUPERVISION OF SEX OFFENDERS.]
(a) The commissioner of corrections is directed to study
issues related to the caseloads of probation officers
supervising sex offenders. This study shall focus on
recommendations to improve the current supervision of sex
offenders to increase public safety and reduce the risk of
reoffense by sex offenders. These recommendations shall address
methods of supervision, use of specialized sex offender
caseloads, the optimum number of offenders to be supervised by
each probation officer, the availability of suitable housing for
sex offenders, and other relevant factors.
(b) In conducting the study, the commissioner shall consult
with representatives from community corrections act counties,
representatives from county probation officer counties, state
parole and probation agents, law enforcement officers with
experience dealing with sex offenders, a treatment professional
trained in the assessment of sex offenders, and a victim
services professional.
(c) The commissioner shall report by February 1, 2000, to
the house and senate committees and divisions with jurisdiction
over criminal justice policy and funding on recommendations
resulting from the study.
Sec. 17. [REPEALER.]
(a) Minnesota Statutes 1998, section 241.275, subdivision
5, is repealed.
(b) Minnesota Statutes 1998, section 241.277, is repealed.
Sec. 18. [EFFECTIVE DATE.]
Sections 11 and 17, paragraph (b), are effective the day
following final enactment; however, the adult work program
described in Minnesota Statutes, section 241.277, shall continue
to operate until all offenders at the program on the day
following final enactment have completed it, or June 30, 1999,
whichever is earlier.
Sections 12, 15, and 16 are effective the day following
final enactment.
ARTICLE 5
LAW ENFORCEMENT
Section 1. Minnesota Statutes 1998, section 168A.40,
subdivision 2, is amended to read:
Subd. 2. [PROGRAM DUTIES.] The automobile theft prevention
board shall:
(1) develop and sponsor the implementation of statewide
plans, programs, and strategies to combat automobile theft,
improve the administration of the automobile theft laws, and
provide a forum for identification of critical problems for
those persons dealing with automobile theft;
(2) coordinate the development, adoption, and
implementation of plans, programs, and strategies relating to
interagency and intergovernmental cooperation with respect to
automobile theft enforcement;
(3) annually audit at its own discretion the plans and
programs that it has funded in whole or in part to evaluate the
effectiveness of the plans and programs and withdraw funding
should the board determine that a plan or program is ineffective
or is no longer in need of further financial support from the
fund;
(4) develop a plan of operation including an assessment of
the scope of the problem of automobile theft, including areas of
the state where the problem is greatest; an analysis of various
methods of combating the problem of automobile theft; a plan for
providing financial support to combat automobile theft; a plan
for eliminating car hijacking; and an estimate of the funds
required to implement the plan; and
(5) distribute money from the automobile theft prevention
special revenue account for automobile theft prevention
activities, including:
(i) paying the administrative costs of the board;
(ii) providing financial support to the state patrol and
local law enforcement agencies for automobile theft enforcement
teams;
(iii) providing financial support to state or local law
enforcement agencies for programs designed to reduce the
incidence of automobile theft and for improved equipment and
techniques for responding to automobile thefts;
(iv) providing financial support to local prosecutors for
programs designed to reduce the incidence of automobile theft;
(v) providing financial support to judicial agencies for
programs designed to reduce the incidence of automobile theft;
(vi) providing financial support for neighborhood or
community organizations or business organizations for programs
designed to reduce the incidence of automobile theft;
(vii) providing financial support for automobile theft
educational and training programs for state and local law
enforcement officials, driver and vehicle services exam and
inspections staff, and members of the judiciary; and
(viii) conducting educational programs designed to inform
automobile owners of methods of preventing automobile theft and
to provide equipment, for experimental purposes, to enable
automobile owners to prevent automobile theft.
By January 15 of each year, the board shall report to the
governor and legislature on its activities and expenditures in
the preceding year.
Sec. 2. Minnesota Statutes 1998, section 260.161,
subdivision 1, is amended to read:
Subdivision 1. [RECORDS REQUIRED TO BE KEPT.] (a) The
juvenile court judge shall keep such minutes and in such manner
as the court deems necessary and proper. Except as provided in
paragraph (b), the court shall keep and maintain records
pertaining to delinquent adjudications until the person reaches
the age of 28 years and shall release the records on an
individual to another juvenile court that has jurisdiction of
the juvenile, to a requesting adult court for purposes of
sentencing, or to an adult court or juvenile court as required
by the right of confrontation of either the United States
Constitution or the Minnesota Constitution. The juvenile court
shall provide, upon the request of any other juvenile court,
copies of the records concerning adjudications involving the
particular child. The court also may provide copies of records
concerning delinquency adjudications, on request, to law
enforcement agencies, probation officers, and corrections agents
if the court finds that providing these records serves public
safety or is in the best interests of the child. Until July 1,
1999 2001, juvenile court delinquency proceeding records of
adjudications, court transcripts, and delinquency petitions,
including any probable cause attachments that have been filed or
police officer reports relating to a petition, must be released
to requesting law enforcement agencies and prosecuting
authorities for purposes of investigating and prosecuting
violations of section 609.229, provided that psychological or
mental health reports may not be included with those records.
The agency receiving the records may release the records only as
permitted under this section or authorized by law.
The court shall also keep an index in which files
pertaining to juvenile matters shall be indexed under the name
of the child. After the name of each file shall be shown the
file number and, if ordered by the court, the book and page of
the register in which the documents pertaining to such file are
listed. The court shall also keep a register properly indexed
in which shall be listed under the name of the child all
documents filed pertaining to the child and in the order filed.
The list shall show the name of the document and the date of
filing thereof. The juvenile court legal records shall be
deposited in files and shall include the petition, summons,
notice, findings, orders, decrees, judgments, and motions and
such other matters as the court deems necessary and proper.
Unless otherwise provided by law, all court records shall be
open at all reasonable times to the inspection of any child to
whom the records relate, and to the child's parent and guardian.
(b) The court shall retain records of the court finding
that a juvenile committed an act that would be a felony or gross
misdemeanor level offense until the offender reaches the age of
28. If the offender commits a felony as an adult, or the court
convicts a child as an extended jurisdiction juvenile, the court
shall retain the juvenile records for as long as the records
would have been retained if the offender had been an adult at
the time of the juvenile offense. This paragraph does not apply
unless the juvenile was provided counsel as required by section
260.155, subdivision 2.
Sec. 3. [299A.411] [POSTTRAUMATIC STRESS SYNDROME
BENEFIT.]
(a) A law enforcement agency shall provide benefits to any
peace officer, as defined in section 626.84, subdivision 1,
paragraph (c), employed by the agency who:
(1) suffers a debilitating psychological reaction to a
traumatic event;
(2) is diagnosed by a psychiatrist or a licensed
psychologist as suffering from posttraumatic stress syndrome;
and
(3) is determined by a psychiatrist or a licensed
psychologist to be unable to perform other peace officer job
duties offered by the employer through reassignment.
A peace officer who meets all of the conditions of this
paragraph is entitled to the benefits described in paragraph
(b). A peace officer who meets the conditions in clauses (1)
and (2) is entitled to the benefits in paragraph (b), clause
(2). The availability of benefits does not depend on whether
there is also an accompanying physical injury or physical cause
of the condition.
(b) The benefits provided by the law enforcement agency
shall include:
(1) payment by the employer for unreimbursed loss of wages
during the time period the officer is disabled, but not to
exceed one year; and
(2) payment by the employer for unreimbursed expenses for
medical treatment, including psychiatric or psychological
counseling, to cure and relieve the effects of the posttraumatic
stress syndrome during the time period the officer is disabled,
but not to exceed one year.
(c) The employer may request a peace officer to undergo an
examination by a psychiatrist or licensed psychologist selected
by the employer.
(d) As used in this section, "traumatic event" means an
event involving the employee lawfully taking the life of or
causing great bodily harm, as defined in section 609.02,
subdivision 8, to another by force or violence. "Debilitating
psychological reaction" means that, following the traumatic
event, the peace officer is unable to perform the essential
functions of the peace officer's job without reassignment.
Sec. 4. Minnesota Statutes 1998, section 299A.64,
subdivision 10, is amended to read:
Subd. 10. [REQUIRED REPORT.] By February 1 of each year,
the council shall report to the chairs of the senate and house
of representatives committees and divisions having jurisdiction
over criminal justice policy and funding on the activities of
the council and strike force. This annual report shall include:
(1) a description of the council's goals for the previous
year and for the coming year;
(2) a description of the outcomes the council achieved or
did not achieve during the preceding year and a description of
the outcomes the council will seek to achieve during the coming
year; and
(3) any legislative recommendations the council has
including, where necessary, a description of the specific
legislation needed to implement the recommendations.
Sec. 5. Minnesota Statutes 1998, section 626.843,
subdivision 4, is amended to read:
Subd. 4. [REPORTING REQUIREMENTS.] The board shall report
to the attorney general, from time to time, and to the
governor and the legislature at least biennially concerning the
activities of the board. The board shall report biannually to
the chairs of the senate and house committees and divisions
having jurisdiction over criminal justice funding concerning the
activities of the board. In addition to other relevant items,
the report must include detailed information concerning the
compliance reviews required in section 626.8459.
Sec. 6. Minnesota Statutes 1998, section 626.845,
subdivision 1, is amended to read:
Subdivision 1. [POWERS AND DUTIES.] The board shall have
the following powers and duties:
(a) To certify peace officers' training schools or programs
administered by state, county and municipalities located within
this state in whole or in part no later than 90 days after
receipt of an application for certification. The reasons for
noncertification of any school or program or part thereof shall
be transmitted to the school within 90 days and shall contain a
detailed explanation of the reasons for which the school or
program was disapproved and an explanation of what supporting
material or other requirements are necessary for the board to
reconsider. Disapproval of a school or program shall not
preclude the reapplication for certification of the school or
program;
(b) To issue certificates to schools, and to revoke such
certification when necessary to maintain the objectives and
purposes of sections 626.841 to 626.863;
(c) To certify, as qualified, instructors at peace officer
training schools, and to issue appropriate certificates to such
instructors;
(d) To license peace officers who have satisfactorily
completed certified basic training programs, and passed
examinations as required by the board;
(e) To cause studies and surveys to be made relating to the
establishment, operation, and approval of state, county, and
municipal peace officer training schools;
(f) To consult and cooperate with state, county, and
municipal peace officer training schools for the development of
in-service training programs for peace officers;
(g) To consult and cooperate with universities, colleges,
and technical colleges for the development of specialized
courses of instruction and study in the state for peace officers
and part-time peace officers in police science and police
administration;
(h) To consult and cooperate with other departments and
agencies of the state and federal government concerned with
peace officer standards and training;
(i) To perform such other acts as may be necessary and
appropriate to carry out the powers and duties as set forth in
the provisions of sections 626.841 to 626.863;
(j) To coordinate the provision, on a regional basis, of
skills oriented basic training courses to graduates of certified
law enforcement training schools or programs;
(k) To obtain criminal conviction data for persons seeking
a license to be issued or possessing a license issued by the
board. The board shall have authority to obtain criminal
conviction data to the full extent that any other law
enforcement agency, as that term is defined by state or federal
law, has to obtain the data;
(l) To prepare and transmit annually to the governor a
report of its activities with respect to allocation of moneys
appropriated to it for peace officers training, including the
name and address of each recipient of money for that purpose,
the amount awarded, and the purpose of the award; and
(m) To assist and cooperate with any political subdivision
or state law enforcement agency which employs persons licensed
by the board to establish written procedures for the
investigation and resolution of allegations of misconduct of
persons licensed by the board, and to enforce licensing
sanctions for failure to implement such procedures; and
(n) To assist and cooperate with political subdivisions and
state law enforcement agencies that employ persons licensed by
the board in establishing written procedures to govern the
conduct of peace officers who are in pursuit of a vehicle in
violation of section 609.487, and requirements for the training
of peace officers in conducting pursuits. The board may impose
licensing sanctions for failure to establish pursuit procedures
and training requirements by October 1, 1989.
In addition, the board may maintain data received from law
enforcement agencies under section 626.87, subdivision 5,
provide the data to requesting law enforcement agencies who are
conducting background investigations, and maintain data on
applicants and licensees as part of peace officer license data.
The data that may be maintained include the name of the law
enforcement agency conducting the investigation and data on the
candidate provided under section 626.87, subdivision 5, clauses
(1) and (2).
Sec. 7. [626.8458] [VEHICLE PURSUITS; POLICIES AND
INSTRUCTION REQUIRED.]
Subdivision 1. [PURPOSE.] The legislature finds that
emergency vehicle operations are an integral part of law
enforcement's commitment to public safety. Law enforcement
agencies shall make reasonable efforts to guide their officers
in the safe and responsible performance of their emergency
response duties. Although laws and rules provide the foundation
for the conduct of law enforcement officers, continuous and
effective training is essential to ensure proper law enforcement
action during emergency vehicle operations, including police
pursuits. This training must be designed to give officers both
skills and decision-making ability so that emergency vehicle
operations can be resolved safely and successfully.
Subd. 2. [STATEWIDE MODEL POLICY.] (a) By July 1, 1999,
the board shall adopt a new or revised model policy governing
the conduct of peace officers who are in pursuit of a vehicle
being operated in violation of section 609.487. The board shall
seek and consider comments of members of the public when
adopting the policy. In order to assist peace officers in
responding to the complex and unpredictable factors associated
with police pursuits, the model policy shall, at a minimum,
contain the following components:
(1) a statement describing the philosophy of the model
policy. This philosophy must state that the safety of all
persons involved in or by a police pursuit is of primary
importance. It also must balance the risks of the pursuit to
the public and peace officers with the consequences of failing
to pursue;
(2) the factors to be considered in initiating and
terminating a pursuit, and the standards for evaluating the need
to initiate or terminate a pursuit;
(3) the procedures, tactics, and technologies used during
pursuits;
(4) the various responsibilities of the pursuing officers,
the officer supervising the pursuit, the dispatcher, and air
support;
(5) the procedures governing interjurisdictional pursuits;
(6) the procedures governing care of any persons injured in
the course of the pursuit;
(7) the contents of pursuit reports filed under section
626.5532; and
(8) the procedures used to evaluate each pursuit.
(b) The board shall review and, as necessary, revise the
model pursuit policy in collaboration with the Minnesota chiefs
of police association, the Minnesota sheriffs association, the
Minnesota police and peace officers association, a
representative from the state patrol, and other interested law
enforcement industry groups.
Subd. 3. [AGENCY POLICIES REQUIRED.] (a) The chief law
enforcement officer of every state and local law enforcement
agency must establish and enforce a written policy governing the
conduct of peace officers employed by the agency who are in
pursuit of a vehicle being operated in violation of section
609.487. The policy must, at a minimum, comply with the
requirements of any new or revised model pursuit policy adopted
by the board under subdivision 2 and must take into account the
comments of members of the public and any pursuit vehicle
technology that is available to the agency.
(b) Every state and local law enforcement agency must
certify annually to the board that it has adopted a written
policy in compliance with the board's model pursuit policy.
(c) The board shall assist the chief law enforcement
officer of each state and local law enforcement agency in
developing and implementing pursuit policies under this
subdivision.
Subd. 4. [PRESERVICE TRAINING IN POLICE PURSUITS
REQUIRED.] (a) By January 1, 2000, the board shall prepare
learning objectives for instructing peace officers in emergency
vehicle operations and in the conduct of police pursuits. The
course shall consist of at least seven hours of classroom and
skills-based training.
(b) An individual is not eligible to take the peace officer
licensing examination or the part-time peace officer licensing
examination on or after January 1, 2000, unless the individual
has received the training described in paragraph (a).
Subd. 5. [IN-SERVICE TRAINING IN POLICE PURSUITS
REQUIRED.] The chief law enforcement officer of every state and
local law enforcement agency shall provide in-service training
in emergency vehicle operations and in the conduct of police
pursuits to every peace officer and part-time peace officer
employed by the agency who the chief law enforcement officer
determines may be involved in a police pursuit given the
officer's responsibilities. The training shall comply with
learning objectives developed and approved by the board and
shall consist of at least eight hours of classroom and
skills-based training every three years.
Subd. 6. [LICENSING SANCTIONS; INJUNCTIVE RELIEF.] The
board may impose licensing sanctions and seek injunctive relief
under section 214.11 for failure to comply with the requirements
of this section.
Sec. 8. [626.8459] [POST BOARD; COMPLIANCE REVIEWS
REQUIRED.]
(a) Each year, the board shall conduct compliance reviews
on all state and local law enforcement agencies. The compliance
reviews must ensure that the agencies are complying with all
requirements imposed on them by statute and rule. The board
shall include in the reports to the legislature required in
section 626.843, subdivision 4, detailed information on the
compliance reviews conducted under this section. At a minimum,
the reports must specify each requirement imposed by statute and
rule on law enforcement agencies, the compliance rate of each
agency, and the action taken by the board, if any, against an
agency not in compliance.
(b) The board may impose licensing sanctions and seek
injunctive relief under section 214.l1 for an agency's failure
to comply with a requirement imposed on it in statute or rule.
Sec. 9. Minnesota Statutes 1998, section 626.8462, is
amended to read:
626.8462 [COMPETENCY REQUIREMENTS.]
Part-time peace officer licensing examinations shall be
designed to insure competency in the following areas reasonably
achievable in courses within a total hourly maximum of 54 80
hours:
(1) permissible use of force by peace officers, including
deadly force;
(a) (2) law of arrest, including probable cause;
(b) (3) law of search and seizure;
(c) (4) confessions and interrogations, oral and written;
(d) (5) law and rules of evidence;
(e) (6) Minnesota criminal code;
(f) (7) juvenile law;
(g) (8) general principles of criminal investigations;
(h) (9) crime scene search and investigation;
(i) (10) preservation and collection of crime scene
evidence; and
(j) (11) traffic enforcement, including accident
investigation.
The board shall prepare learning objectives for an 80-hour
course to test competency under this section.
Upon request, the board shall provide to any sheriff or
chief of police lesson plans and instructional materials
reasonably necessary to conduct classes in the required areas of
study. Nothing herein shall be construed to prohibit a
requirement for more comprehensive training imposed by a local
law enforcement agency.
Sec. 10. Minnesota Statutes 1998, section 626.8463,
subdivision 1, is amended to read:
Subdivision 1. [APPOINTMENT REQUIREMENTS.] (a) Any
individual appointed or employed as a part-time peace officer
shall provide proof to the board that the individual has:
(1) satisfied the selection standards of the board then in
effect;
(2) successfully completed board recognized courses in
first aid and firearms training, including legal limitations on
the justifiable use of deadly force; and
(3) successfully passed a board part-time peace officer
licensing examination.
(b) The board shall develop a new examination that tests in
depth the expanded competency requirements of section 626.8462.
Sec. 11. Minnesota Statutes 1998, section 626.8465,
subdivision 2, is amended to read:
Subd. 2. [PART-TIME PEACE OFFICER LICENSE, RESTRICTION.]
Subject to section 626.8468, subdivision 1, any individual
licensed by the board as a part-time peace officer shall be
eligible for appointment or employment anywhere in the state as
a part-time peace officer but not as a peace officer unless the
individual meets board training and licensing requirements then
in effect for peace officers.
Sec. 12. [626.8468] [PART-TIME PEACE OFFICERS; CAP ON
NUMBER PER AGENCY, EXPANDED TRAINING REQUIRED, CONTINUING
EDUCATION.]
Subdivision 1. [CAP ON NUMBER OF PART-TIME PEACE OFFICERS
PER AGENCY.] (a) A law enforcement agency that employed a
licensed part-time peace officer or that was in the process of
training an individual to become a licensed part-time peace
officer on or before February 1, 1999, may continue to do so.
No agency may employ more part-time peace officers than it
employed in calendar year 1996, 1997, or 1998.
(b) After January 1, 2000, the board may issue additional
part-time peace officer licenses to a law enforcement agency
that employs a part-time peace officer and that demonstrates to
the board an extraordinary and temporary need for the additional
license.
(c) If a local unit of government dissolves a law
enforcement agency that employs a part-time peace officer
authorized under this subdivision and contracts with another law
enforcement agency to provide law enforcement services, the law
enforcement agency contracted with may add that number of
part-time positions to the agency's maximum under this
subdivision if the agency hires or offers employment to all
full-time peace officers employed by the dissolved agency at the
time of dissolution. The employment offered must be of
comparable responsibility and salary.
Subd. 2. [EXPANDED TRAINING REQUIRED.] Each person seeking
initial licensure as a part-time peace officer shall
successfully complete the competency training described in
section 626.8462. Before issuing a part-time peace officer
license or allowing a person to take the examination described
in section 626.8462, the board shall ensure that the applicant
has successfully completed the training. The chief law
enforcement officer of the agency employing or seeking to employ
the applicant shall submit proof to the board that the applicant
has successfully completed the training before the applicant may
take the examination.
Subd. 3. [CONTINUING EDUCATION.] All licensed part-time
peace officers shall comply with continuing education standards
required by the board. The officers may receive reimbursement
for the costs of this education from the peace officers training
account described in section 357.021, subdivision 7.
Sec. 13. [CAPITOL COMPLEX SECURITY STUDY.]
Subdivision 1. [STUDY REQUIRED.] The superintendent of the
bureau of criminal apprehension shall conduct an in-depth study
on issues related to capitol complex security, including general
security in the capitol complex and specific security for
constitutional officers and their families, legislators, members
of the judiciary housed in the capitol complex, state employees,
visitors to the capitol complex, and visiting dignitaries. The
superintendent shall analyze the strengths and weaknesses of the
current manner in which security is provided. To the degree
feasible, the superintendent shall examine how similar security
is provided in other states.
Subd. 2. [REPORT REQUIRED.] By January 15, 2000, the
superintendent shall report to the legislature and the governor
on the results of the study. In addition to the requirements
described in subdivision 1, the report must include
recommendations on ways to improve security, if improvements are
determined to be necessary. These recommendations must be
accompanied by an analysis of the increased resources necessary
to implement the improvements. The report must address the
advisability of having a single entity provide this security and
an assessment of which state agency or division would be best
suited to the role.
Sec. 14. [ASSISTANCE FOR DISASTERS AND EXTRAORDINARY
EXPENSES.]
Subdivision 1. [STUDY.] The commissioners of public
safety, finance, and planning shall establish a work group to
study the issues of disasters and extraordinary emergency
expenses caused by natural or other disasters. The study shall
make findings and recommendations that address the following:
(a) situations that meet the definition of a disaster or an
extraordinary expense that may include:
(1) federal, state, or local disaster declarations;
(2) the events that trigger extraordinary emergency
expenses; and
(3) the process of determining extraordinary costs;
(b) eligible recipients for assistance that may include:
(1) state agencies;
(2) counties;
(3) political subdivisions;
(4) individuals;
(5) businesses; and
(6) private nonprofits;
(c) propose appropriate types of funding and funding
sources to provide assistance in the situations identified in
paragraph (a);
(d) identify measures to prevent or reduce the costs of
disasters and extraordinary emergency expenses that may include:
(1) increasing the capability of local entities to respond;
(2) hazard mitigation; and
(3) a cost-benefit analysis of the measures proposed; and
(e) possible legislative responses to requests for state
aid for local extraordinary disaster expenses.
Subd. 2. [MEMBERSHIP.] The commissioners shall seek
participation in the work group from representatives of the
following groups:
(1) Association of Minnesota Counties;
(2) League of Minnesota Cities;
(3) Minnesota Townships Association;
(4) Association of Minnesota Emergency Managers; and
(5) Metropolitan Emergency Managers Association.
The commissioners may appoint other members as they deem
necessary.
Subd. 3. [REPORT.] By October 1, 1999, the commissioners
shall submit their report containing specific findings and
recommendations to the chairs and ranking minority members of
the house judiciary finance committee, the house transportation
finance committee, the senate crime prevention and judicial
budget division and the senate transportation budget division.
Sec. 15. [REPEALER.]
(a) Minnesota Statutes 1998, section 626.5532, subdivision
2, is repealed.
(b) Minnesota Statutes 1998, section 626.8463, subdivision
2, is repealed.
Sec. 16. [EFFECTIVE DATE.]
Sections 3, 8 to 12, and 15, paragraph (b), are effective
the day following final enactment.
ARTICLE 6
OTHER PROVISIONS
Section 1. Minnesota Statutes 1998, section 2.722,
subdivision 1, is amended to read:
Subdivision 1. [DESCRIPTION.] Effective July 1, 1959, the
state is divided into ten judicial districts composed of the
following named counties, respectively, in each of which
districts judges shall be chosen as hereinafter specified:
1. Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and
Sibley; 28 32 judges; and four permanent chambers shall be
maintained in Red Wing, Hastings, Shakopee, and Glencoe and one
other shall be maintained at the place designated by the chief
judge of the district;
2. Ramsey; 24 26 judges;
3. Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele,
Waseca, Freeborn, Mower, and Fillmore; 22 judges; and permanent
chambers shall be maintained in Faribault, Albert Lea, Austin,
Rochester, and Winona;
4. Hennepin; 57 60 judges;
5. Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet,
Lincoln, Cottonwood, Murray, Nobles, Pipestone, Rock, Faribault,
Martin, and Jackson; 17 16 judges; and permanent chambers shall
be maintained in Marshall, Windom, Fairmont, New Ulm, and
Mankato;
6. Carlton, St. Louis, Lake, and Cook; 15 judges;
7. Benton, Douglas, Mille Lacs, Morrison, Otter Tail,
Stearns, Todd, Clay, Becker, and Wadena; 22 24 judges; and
permanent chambers shall be maintained in Moorhead, Fergus
Falls, Little Falls, and St. Cloud;
8. Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville,
Swift, Yellow Medicine, Big Stone, Grant, Pope, Stevens,
Traverse, and Wilkin; 11 judges; and permanent chambers shall be
maintained in Morris, Montevideo, and Willmar;
9. Norman, Polk, Marshall, Kittson, Red Lake, Roseau,
Mahnomen, Pennington, Aitkin, Itasca, Crow Wing, Hubbard,
Beltrami, Lake of the Woods, Clearwater, Cass and Koochiching;
20 22 judges; and permanent chambers shall be maintained in
Crookston, Thief River Falls, Bemidji, Brainerd, Grand Rapids,
and International Falls; and
10. Anoka, Isanti, Wright, Sherburne, Kanabec, Pine,
Chisago, and Washington; 35 39 judges; and permanent chambers
shall be maintained in Anoka, Stillwater, and other places
designated by the chief judge of the district.
Sec. 2. Minnesota Statutes 1998, section 244.052,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] As used in this section:
(1) "confinement" means confinement in a state correctional
facility or a state treatment facility;
(2) "law enforcement agency" means the law enforcement
agency having primary jurisdiction over the location where the
offender expects to reside upon release; and
(3) "residential facility" means a facility that is
licensed as a residential program, as defined in section
245A.02, subdivision 14, by the commissioner of human services
under chapter 245A, or the commissioner of corrections under
section 241.021, whose staff are trained in the supervision of
sex offenders; and
(4) "sex offender" and "offender" mean a person who has
been convicted of an offense for which registration under
section 243.166 is required or a person who has been committed
pursuant to a court commitment order under section 253B.185 or
Minnesota Statutes 1992, section 526.10, regardless of whether
the person was convicted of any offense.
Sec. 3. Minnesota Statutes 1998, section 244.052,
subdivision 3, is amended to read:
Subd. 3. [END-OF-CONFINEMENT REVIEW COMMITTEE.] (a) The
commissioner of corrections shall establish and administer
end-of-confinement review committees at each state correctional
facility and at each state treatment facility where sex
offenders are confined. The committees shall assess on a
case-by-case basis the public risk posed by sex offenders who
are about to be released from confinement.
(b) Each committee shall be a standing committee and shall
consist of the following members appointed by the commissioner:
(1) the chief executive officer or head of the correctional
or treatment facility where the offender is currently confined,
or that person's designee;
(2) a law enforcement officer;
(3) a treatment professional who is trained in the
assessment of sex offenders;
(4) a caseworker experienced in supervising sex offenders;
and
(5) a victim's services professional.
Members of the committee, other than the facility's chief
executive officer or head, shall be appointed by the
commissioner to two-year terms. The chief executive officer or
head of the facility or designee shall act as chair of the
committee and shall use the facility's staff, as needed, to
administer the committee, obtain necessary information from
outside sources, and prepare risk assessment reports on
offenders.
(c) The committee shall have access to the following data
on a sex offender only for the purposes of its assessment and to
defend the committee's risk assessment determination upon
administrative review under this section:
(1) private medical data under section 13.42 or 144.335, or
welfare data under section 13.46 that relate to medical
treatment of the offender;
(2) private and confidential court services data under
section 13.84;
(3) private and confidential corrections data under section
13.85; and
(4) private criminal history data under section 13.87.
Data collected and maintained by the committee under this
paragraph may not be disclosed outside the committee, except as
provided under section 13.05, subdivision 3 or 4. The sex
offender has access to data on the offender collected and
maintained by the committee, unless the data are confidential
data received under this paragraph.
(d)(i) Except as otherwise provided in item (ii), at least
90 days before a sex offender is to be released from
confinement, the commissioner of corrections shall convene the
appropriate end-of-confinement review committee for the purpose
of assessing the risk presented by the offender and determining
the risk level to which the offender shall be assigned under
paragraph (e). The offender and the law enforcement agency that
was responsible for the charge resulting in confinement shall be
notified of the time and place of the committee's meeting. The
offender has a right to be present and be heard at the meeting.
The law enforcement agency may provide material in writing that
is relevant to the offender's risk level to the chair of the
committee. The committee shall use the risk factors described
in paragraph (g) and the risk assessment scale developed under
subdivision 2 to determine the offender's risk assessment score
and risk level. Offenders scheduled for release from
confinement shall be assessed by the committee established at
the facility from which the offender is to be released.
(ii) If an offender is received for confinement in a
facility with less than 90 days remaining in the offender's term
of confinement, the offender's risk shall be assessed at the
first regularly scheduled end of confinement review committee
that convenes after the appropriate documentation for the risk
assessment is assembled by the committee. The commissioner
shall make reasonable efforts to ensure that offender's risk is
assessed and a risk level is assigned or reassigned at least 30
days before the offender's release date.
(e) The committee shall assign to risk level I a sex
offender whose risk assessment score indicates a low risk of
reoffense. The committee shall assign to risk level II an
offender whose risk assessment score indicates a moderate risk
of reoffense. The committee shall assign to risk level III an
offender whose risk assessment score indicates a high risk of
reoffense.
(f) Before the sex offender is released from confinement,
the committee shall prepare a risk assessment report which
specifies the risk level to which the offender has been assigned
and the reasons underlying the committee's risk assessment
decision. The committee shall give the report to the offender
and to the law enforcement agency at least 60 days before an
offender is released from confinement. If the risk assessment
is performed under the circumstances described in paragraph (d),
item (ii), the report shall be given to the offender and the law
enforcement agency as soon as it is available. The committee
also shall inform the offender of the availability of review
under subdivision 6.
(g) As used in this subdivision, "risk factors" includes,
but is not limited to, the following factors:
(1) the seriousness of the offense should the offender
reoffend. This factor includes consideration of the following:
(i) the degree of likely force or harm;
(ii) the degree of likely physical contact; and
(iii) the age of the likely victim;
(2) the offender's prior offense history. This factor
includes consideration of the following:
(i) the relationship of prior victims to the offender;
(ii) the number of prior offenses or victims;
(iii) the duration of the offender's prior offense history;
(iv) the length of time since the offender's last prior
offense while the offender was at risk to commit offenses; and
(v) the offender's prior history of other antisocial acts;
(3) the offender's characteristics. This factor includes
consideration of the following:
(i) the offender's response to prior treatment efforts; and
(ii) the offender's history of substance abuse;
(4) the availability of community supports to the offender.
This factor includes consideration of the following:
(i) the availability and likelihood that the offender will
be involved in therapeutic treatment;
(ii) the availability of residential supports to the
offender, such as a stable and supervised living arrangement in
an appropriate location;
(iii) the offender's familial and social relationships,
including the nature and length of these relationships and the
level of support that the offender may receive from these
persons; and
(iv) the offender's lack of education or employment
stability;
(5) whether the offender has indicated or credible evidence
in the record indicates that the offender will reoffend if
released into the community; and
(6) whether the offender demonstrates a physical condition
that minimizes the risk of reoffense, including but not limited
to, advanced age or a debilitating illness or physical condition.
(h) Upon the request of the law enforcement agency or the
offender's corrections agent, the commissioner may reconvene the
end-of-confinement review committee for the purpose of
reassessing the risk level to which an offender has been
assigned under paragraph (e). In a request for a reassessment,
the law enforcement agency which was responsible for the charge
resulting in confinement or agent shall list the facts and
circumstances arising after the initial assignment or facts and
circumstances known to law enforcement or the agent but not
considered by the committee under paragraph (e) which support
the request for a reassessment. The request for reassessment
must occur within 30 days of receipt of the report indicating
the offender's risk level assignment. Upon review of the
request, the end-of-confinement review committee may reassign an
offender to a different risk level. If the offender is
reassigned to a higher risk level, the offender has the right to
seek review of the committee's determination under subdivision 6.
(i) An offender may request the end-of-confinement review
committee to reassess the offender's assigned risk level after
two years have elapsed since the committee's initial risk
assessment and may renew the request once every two years
following subsequent denials. In a request for reassessment,
the offender shall list the facts and circumstances which
demonstrate that the offender no longer poses the same degree of
risk to the community. The committee shall follow the process
outlined in paragraphs (a) to (e), and (g) in the reassessment.
(j) The commissioner shall establish an end-of-confinement
review committee to assign a risk level to offenders who are
released from a federal correctional facility in Minnesota or
another state and who intend to reside in Minnesota, and to
offenders accepted from another state under a reciprocal
agreement for parole supervision under the interstate compact
authorized by section 243.16. The committee shall make
reasonable efforts to conform to the same timelines as applied
to Minnesota cases. Offenders accepted from another state under
a reciprocal agreement for probation supervision are not
assigned a risk level, but are considered downward dispositional
departures. The probation or court services officer and law
enforcement officer shall manage such cases in accordance with
section 244.10, subdivision 2a. The policies and procedures of
the committee for federal offenders and interstate compact cases
must be in accordance with all requirements as set forth in this
section, unless restrictions caused by the nature of federal or
interstate transfers prevents such conformance.
(k) If the committee assigns a sex offender to risk level
III, the committee shall determine whether residency
restrictions shall be included in the conditions of the
offender's release based on the offender's pattern of offending
behavior.
Sec. 4. Minnesota Statutes 1998, section 244.052,
subdivision 4, is amended to read:
Subd. 4. [LAW ENFORCEMENT AGENCY; DISCLOSURE OF
INFORMATION TO PUBLIC.] (a) The law enforcement agency in the
area where the sex offender resides, expects to reside, is
employed, or is regularly found, shall disclose to the public
any information regarding the offender contained in the report
forwarded to the agency under subdivision 3, paragraph (f), if
the agency determines that disclosure of the information is
relevant and necessary to protect the public and to counteract
the offender's dangerousness. The extent of the information
disclosed and the community to whom disclosure is made must
relate to the level of danger posed by the offender, to the
offender's pattern of offending behavior, and to the need of
community members for information to enhance their individual
and collective safety.
(b) The law enforcement agency shall consider the following
guidelines in determining the scope of disclosure made under
this subdivision:
(1) if the offender is assigned to risk level I, the agency
may maintain information regarding the offender within the
agency and may disclose it to other law enforcement agencies.
Additionally, the agency may disclose the information to any
victims of or witnesses to the offense committed by the offender.
The agency shall disclose the information to victims of the
offense committed by the offender who have requested disclosure;
(2) if the offender is assigned to risk level II, the
agency also may disclose the information to agencies and groups
that the offender is likely to encounter for the purpose of
securing those institutions and protecting individuals in their
care while they are on or near the premises of the institution.
These agencies and groups include the staff members of public
and private educational institutions, day care establishments,
and establishments and organizations that primarily serve
individuals likely to be victimized by the offender. The agency
also may disclose the information to individuals the agency
believes are likely to be victimized by the offender. The
agency's belief shall be based on the offender's pattern of
offending or victim preference as documented in the information
provided by the department of corrections or human services;
(3) if the offender is assigned to risk level III, the
agency also may disclose the information to other members of the
community whom the offender is likely to encounter.
Notwithstanding the assignment of a sex offender to risk
level II or III, a law enforcement agency may not make the
disclosures permitted by clause (2) or (3), if: the offender is
placed or resides in a residential facility that is licensed as
a residential program, as defined in section 245A.02,
subdivision 14, by the commissioner of human services under
chapter 254A, or the commissioner of corrections under section
241.021; and the facility and its staff are trained in the
supervision of sex offenders. However, if an offender is placed
or resides in a licensed residential facility, the offender and
the head of the facility shall designate the offender's likely
residence upon release from the facility and the head of the
facility shall notify the commissioner of corrections or the
commissioner of human services of the offender's likely
residence at least 14 days before the offender's scheduled
release date. The commissioner shall give this information to
the law enforcement agency having jurisdiction over the
offender's likely residence. The head of the residential
facility also shall notify the commissioner of corrections or
human services within 48 hours after finalizing the offender's
approved relocation plan to a permanent residence. Within five
days after receiving this notification, the appropriate
commissioner shall give to the appropriate law enforcement
agency all relevant information the commissioner has concerning
the offender, including information on the risk factors in the
offender's history and the risk level to which the offender was
assigned. After receiving this information, the law enforcement
agency may make the disclosures permitted by clause (2) or (3),
as appropriate.
(c) As used in paragraph (b), clauses (2) and (3), "likely
to encounter" means that:
(1) the organizations or community members are in a
location or in close proximity to a location where the offender
lives or is employed, or which the offender visits or is likely
to visit on a regular basis, other than the location of the
offender's outpatient treatment program; and
(2) the types of interaction which ordinarily occur at that
location and other circumstances indicate that contact with the
offender is reasonably certain.
(d) A law enforcement agency or official who decides to
disclose information under this subdivision shall make a good
faith effort to make the notification within 14 days of receipt
of a confirmed address from the department of corrections
indicating that the offender will be, or has been, released from
confinement, or accepted for supervision, or has moved to a new
address and will reside at the address indicated. If a change
occurs in the release plan, this notification provision does not
require an extension of the release date.
(e) A law enforcement agency or official that decides to
disclose information under this subdivision shall not disclose
the identity of the victims of or witnesses to the offender's
offenses.
(f) A law enforcement agency may continue to disclose
information on an offender under this subdivision for as long as
the offender is required to register under section 243.166.
Sec. 5. Minnesota Statutes 1998, section 244.052, is
amended by adding a subdivision to read:
Subd. 4a. [LEVEL III OFFENDERS; LOCATION OF
RESIDENCE.] When an offender assigned to risk level III is
released from confinement or a residential facility to reside in
the community or changes residence while on supervised or
conditional release, the agency responsible for the offender's
supervision shall take into consideration the proximity of the
offender's residence to that of other level III offenders and,
to the greatest extent feasible, shall mitigate the
concentration of level III offenders.
Sec. 6. Minnesota Statutes 1998, section 253B.185, is
amended by adding a subdivision to read:
Subd. 5. [FINANCIAL RESPONSIBILITY.] (a) For purposes of
this subdivision, "state facility" has the meaning given in
section 246.50.
(b) Notwithstanding sections 246.54, 253B.045, and any
other law to the contrary, when a petition is filed for
commitment under this section pursuant to the notice required in
section 244.05, subdivision 7, the state and county are each
responsible for 50 percent of the cost of the person's
confinement at a state facility or county jail, prior to
commitment.
(c) The county shall submit an invoice to the state court
administrator for reimbursement of the state's share of the cost
of confinement.
(d) Notwithstanding paragraph (b), the state's
responsibility for reimbursement is limited to the amount
appropriated for this purpose.
Sec. 7. Minnesota Statutes 1998, section 256.01,
subdivision 2, is amended to read:
Subd. 2. [SPECIFIC POWERS.] Subject to the provisions of
section 241.021, subdivision 2, the commissioner of human
services shall:
(1) Administer and supervise all forms of public assistance
provided for by state law and other welfare activities or
services as are vested in the commissioner. Administration and
supervision of human services activities or services includes,
but is not limited to, assuring timely and accurate distribution
of benefits, completeness of service, and quality program
management. In addition to administering and supervising human
services activities vested by law in the department, the
commissioner shall have the authority to:
(a) require county agency participation in training and
technical assistance programs to promote compliance with
statutes, rules, federal laws, regulations, and policies
governing human services;
(b) monitor, on an ongoing basis, the performance of county
agencies in the operation and administration of human services,
enforce compliance with statutes, rules, federal laws,
regulations, and policies governing welfare services and promote
excellence of administration and program operation;
(c) develop a quality control program or other monitoring
program to review county performance and accuracy of benefit
determinations;
(d) require county agencies to make an adjustment to the
public assistance benefits issued to any individual consistent
with federal law and regulation and state law and rule and to
issue or recover benefits as appropriate;
(e) delay or deny payment of all or part of the state and
federal share of benefits and administrative reimbursement
according to the procedures set forth in section 256.017;
(f) make contracts with and grants to public and private
agencies and organizations, both profit and nonprofit, and
individuals, using appropriated funds; and
(g) enter into contractual agreements with federally
recognized Indian tribes with a reservation in Minnesota to the
extent necessary for the tribe to operate a federally approved
family assistance program or any other program under the
supervision of the commissioner. The commissioner shall consult
with the affected county or counties in the contractual
agreement negotiations, if the county or counties wish to be
included, in order to avoid the duplication of county and tribal
assistance program services. The commissioner may establish
necessary accounts for the purposes of receiving and disbursing
funds as necessary for the operation of the programs.
(2) Inform county agencies, on a timely basis, of changes
in statute, rule, federal law, regulation, and policy necessary
to county agency administration of the programs.
(3) Administer and supervise all child welfare activities;
promote the enforcement of laws protecting handicapped,
dependent, neglected and delinquent children, and children born
to mothers who were not married to the children's fathers at the
times of the conception nor at the births of the children;
license and supervise child-caring and child-placing agencies
and institutions; supervise the care of children in boarding and
foster homes or in private institutions; and generally perform
all functions relating to the field of child welfare now vested
in the state board of control.
(4) Administer and supervise all noninstitutional service
to handicapped persons, including those who are visually
impaired, hearing impaired, or physically impaired or otherwise
handicapped. The commissioner may provide and contract for the
care and treatment of qualified indigent children in facilities
other than those located and available at state hospitals when
it is not feasible to provide the service in state hospitals.
(5) Assist and actively cooperate with other departments,
agencies and institutions, local, state, and federal, by
performing services in conformity with the purposes of Laws
1939, chapter 431.
(6) Act as the agent of and cooperate with the federal
government in matters of mutual concern relative to and in
conformity with the provisions of Laws 1939, chapter 431,
including the administration of any federal funds granted to the
state to aid in the performance of any functions of the
commissioner as specified in Laws 1939, chapter 431, and
including the promulgation of rules making uniformly available
medical care benefits to all recipients of public assistance, at
such times as the federal government increases its participation
in assistance expenditures for medical care to recipients of
public assistance, the cost thereof to be borne in the same
proportion as are grants of aid to said recipients.
(7) Establish and maintain any administrative units
reasonably necessary for the performance of administrative
functions common to all divisions of the department.
(8) Act as designated guardian of both the estate and the
person of all the wards of the state of Minnesota, whether by
operation of law or by an order of court, without any further
act or proceeding whatever, except as to persons committed as
mentally retarded. For children under the guardianship of the
commissioner whose interests would be best served by adoptive
placement, the commissioner may contract with a licensed
child-placing agency to provide adoption services. A contract
with a licensed child-placing agency must be designed to
supplement existing county efforts and may not replace existing
county programs, unless the replacement is agreed to by the
county board and the appropriate exclusive bargaining
representative or the commissioner has evidence that child
placements of the county continue to be substantially below that
of other counties.
(9) Act as coordinating referral and informational center
on requests for service for newly arrived immigrants coming to
Minnesota.
(10) The specific enumeration of powers and duties as
hereinabove set forth shall in no way be construed to be a
limitation upon the general transfer of powers herein contained.
(11) Establish county, regional, or statewide schedules of
maximum fees and charges which may be paid by county agencies
for medical, dental, surgical, hospital, nursing and nursing
home care and medicine and medical supplies under all programs
of medical care provided by the state and for congregate living
care under the income maintenance programs.
(12) Have the authority to conduct and administer
experimental projects to test methods and procedures of
administering assistance and services to recipients or potential
recipients of public welfare. To carry out such experimental
projects, it is further provided that the commissioner of human
services is authorized to waive the enforcement of existing
specific statutory program requirements, rules, and standards in
one or more counties. The order establishing the waiver shall
provide alternative methods and procedures of administration,
shall not be in conflict with the basic purposes, coverage, or
benefits provided by law, and in no event shall the duration of
a project exceed four years. It is further provided that no
order establishing an experimental project as authorized by the
provisions of this section shall become effective until the
following conditions have been met:
(a) The secretary of health, education, and welfare of the
United States has agreed, for the same project, to waive state
plan requirements relative to statewide uniformity.
(b) A comprehensive plan, including estimated project
costs, shall be approved by the legislative advisory commission
and filed with the commissioner of administration.
(13) According to federal requirements, establish
procedures to be followed by local welfare boards in creating
citizen advisory committees, including procedures for selection
of committee members.
(14) Allocate federal fiscal disallowances or sanctions
which are based on quality control error rates for the aid to
families with dependent children, Minnesota family investment
program-statewide, medical assistance, or food stamp program in
the following manner:
(a) One-half of the total amount of the disallowance shall
be borne by the county boards responsible for administering the
programs. For the medical assistance, MFIP-S, and AFDC
programs, disallowances shall be shared by each county board in
the same proportion as that county's expenditures for the
sanctioned program are to the total of all counties'
expenditures for the AFDC, MFIP-S, and medical assistance
programs. For the food stamp program, sanctions shall be shared
by each county board, with 50 percent of the sanction being
distributed to each county in the same proportion as that
county's administrative costs for food stamps are to the total
of all food stamp administrative costs for all counties, and 50
percent of the sanctions being distributed to each county in the
same proportion as that county's value of food stamp benefits
issued are to the total of all benefits issued for all
counties. Each county shall pay its share of the disallowance
to the state of Minnesota. When a county fails to pay the
amount due hereunder, the commissioner may deduct the amount
from reimbursement otherwise due the county, or the attorney
general, upon the request of the commissioner, may institute
civil action to recover the amount due.
(b) Notwithstanding the provisions of paragraph (a), if the
disallowance results from knowing noncompliance by one or more
counties with a specific program instruction, and that knowing
noncompliance is a matter of official county board record, the
commissioner may require payment or recover from the county or
counties, in the manner prescribed in paragraph (a), an amount
equal to the portion of the total disallowance which resulted
from the noncompliance, and may distribute the balance of the
disallowance according to paragraph (a).
(15) Develop and implement special projects that maximize
reimbursements and result in the recovery of money to the
state. For the purpose of recovering state money, the
commissioner may enter into contracts with third parties. Any
recoveries that result from projects or contracts entered into
under this paragraph shall be deposited in the state treasury
and credited to a special account until the balance in the
account reaches $1,000,000. When the balance in the account
exceeds $1,000,000, the excess shall be transferred and credited
to the general fund. All money in the account is appropriated
to the commissioner for the purposes of this paragraph.
(16) Have the authority to make direct payments to
facilities providing shelter to women and their children
according to section 256D.05, subdivision 3. Upon the written
request of a shelter facility that has been denied payments
under section 256D.05, subdivision 3, the commissioner shall
review all relevant evidence and make a determination within 30
days of the request for review regarding issuance of direct
payments to the shelter facility. Failure to act within 30 days
shall be considered a determination not to issue direct payments.
(17) Have the authority to establish and enforce the
following county reporting requirements:
(a) The commissioner shall establish fiscal and statistical
reporting requirements necessary to account for the expenditure
of funds allocated to counties for human services programs.
When establishing financial and statistical reporting
requirements, the commissioner shall evaluate all reports, in
consultation with the counties, to determine if the reports can
be simplified or the number of reports can be reduced.
(b) The county board shall submit monthly or quarterly
reports to the department as required by the commissioner.
Monthly reports are due no later than 15 working days after the
end of the month. Quarterly reports are due no later than 30
calendar days after the end of the quarter, unless the
commissioner determines that the deadline must be shortened to
20 calendar days to avoid jeopardizing compliance with federal
deadlines or risking a loss of federal funding. Only reports
that are complete, legible, and in the required format shall be
accepted by the commissioner.
(c) If the required reports are not received by the
deadlines established in clause (b), the commissioner may delay
payments and withhold funds from the county board until the next
reporting period. When the report is needed to account for the
use of federal funds and the late report results in a reduction
in federal funding, the commissioner shall withhold from the
county boards with late reports an amount equal to the reduction
in federal funding until full federal funding is received.
(d) A county board that submits reports that are late,
illegible, incomplete, or not in the required format for two out
of three consecutive reporting periods is considered
noncompliant. When a county board is found to be noncompliant,
the commissioner shall notify the county board of the reason the
county board is considered noncompliant and request that the
county board develop a corrective action plan stating how the
county board plans to correct the problem. The corrective
action plan must be submitted to the commissioner within 45 days
after the date the county board received notice of noncompliance.
(e) The final deadline for fiscal reports or amendments to
fiscal reports is one year after the date the report was
originally due. If the commissioner does not receive a report
by the final deadline, the county board forfeits the funding
associated with the report for that reporting period and the
county board must repay any funds associated with the report
received for that reporting period.
(f) The commissioner may not delay payments, withhold
funds, or require repayment under paragraph (c) or (e) if the
county demonstrates that the commissioner failed to provide
appropriate forms, guidelines, and technical assistance to
enable the county to comply with the requirements. If the
county board disagrees with an action taken by the commissioner
under paragraph (c) or (e), the county board may appeal the
action according to sections 14.57 to 14.69.
(g) Counties subject to withholding of funds under
paragraph (c) or forfeiture or repayment of funds under
paragraph (e) shall not reduce or withhold benefits or services
to clients to cover costs incurred due to actions taken by the
commissioner under paragraph (c) or (e).
(18) Allocate federal fiscal disallowances or sanctions for
audit exceptions when federal fiscal disallowances or sanctions
are based on a statewide random sample for the foster care
program under title IV-E of the Social Security Act, United
States Code, title 42, in direct proportion to each county's
title IV-E foster care maintenance claim for that period.
(19) Be responsible for ensuring the detection, prevention,
investigation, and resolution of fraudulent activities or
behavior by applicants, recipients, and other participants in
the human services programs administered by the department.
(20) Require county agencies to identify overpayments,
establish claims, and utilize all available and cost-beneficial
methodologies to collect and recover these overpayments in the
human services programs administered by the department.
(21) Have the authority to administer a drug rebate program
for drugs purchased pursuant to the senior citizen drug program
established under section 256.955 after the beneficiary's
satisfaction of any deductible established in the program. The
commissioner shall require a rebate agreement from all
manufacturers of covered drugs as defined in section 256B.0625,
subdivision 13. For each drug, the amount of the rebate shall
be equal to the basic rebate as defined for purposes of the
federal rebate program in United States Code, title 42, section
1396r-8(c)(1). This basic rebate shall be applied to
single-source and multiple-source drugs. The manufacturers must
provide full payment within 30 days of receipt of the state
invoice for the rebate within the terms and conditions used for
the federal rebate program established pursuant to section 1927
of title XIX of the Social Security Act. The manufacturers must
provide the commissioner with any information necessary to
verify the rebate determined per drug. The rebate program shall
utilize the terms and conditions used for the federal rebate
program established pursuant to section 1927 of title XIX of the
Social Security Act.
(22) Develop recommended standards for foster care homes
that address the components of specialized therapeutic services
to be provided by foster care homes with those services.
Sec. 8. Minnesota Statutes 1998, section 260.151,
subdivision 3, is amended to read:
Subd. 3. [JUVENILE TREATMENT SCREENING TEAM.] (a) The
local social services agency, at its option, may shall establish
a juvenile treatment screening team to conduct screenings and
prepare case plans under this subdivision. The team, which may
be the team constituted under section 245.4885 or 256B.092 or
Minnesota Rules, parts 9530.6600 to 9530.6655, shall consist of
social workers, juvenile justice professionals, and persons with
expertise in the treatment of juveniles who are emotionally
disabled, chemically dependent, or have a developmental
disability. The team shall involve parents or guardians in the
screening process as appropriate.
(b) This paragraph applies only in counties that have
established a juvenile treatment screening team under paragraph
(a). If the court, prior to, or as part of, a final
disposition, proposes to place a child:
(1) for the primary purpose of treatment for an emotional
disturbance, a developmental disability, or chemical dependency
in a residential treatment facility out of state or in one which
is within the state and licensed by the commissioner of human
services under chapter 245A; or
(2) in any out-of-home setting potentially exceeding 30
days in duration, including a postdispositional placement in a
facility licensed by the commissioner of corrections or human
services,
the court shall notify the county welfare agency. The county's
juvenile treatment screening team must either: (1) screen and
evaluate the child and file its recommendations with the court
within 14 days of receipt of the notice; or (2) elect not to
screen a given case, and notify the court of that decision
within three working days.
(c) If the screening team has elected to screen and
evaluate the child, the child may not be placed for the primary
purpose of treatment for an emotional disturbance, a
developmental disability, or chemical dependency, in a
residential treatment facility out of state nor in a residential
treatment facility within the state that is licensed under
chapter 245A, unless one of the following conditions applies:
(1) a treatment professional certifies that an emergency
requires the placement of the child in a facility within the
state;
(2) the screening team has evaluated the child and
recommended that a residential placement is necessary to meet
the child's treatment needs and the safety needs of the
community, that it is a cost-effective means of meeting the
treatment needs, and that it will be of therapeutic value to the
child; or
(3) the court, having reviewed a screening team
recommendation against placement, determines to the contrary
that a residential placement is necessary. The court shall
state the reasons for its determination in writing, on the
record, and shall respond specifically to the findings and
recommendation of the screening team in explaining why the
recommendation was rejected. The attorney representing the
child and the prosecuting attorney shall be afforded an
opportunity to be heard on the matter.
Sec. 9. [260.154] [CLASSIFICATION SYSTEM FOR JUVENILE
OFFENDERS.]
Each county shall develop a written policy for classifying
juvenile offenders. The policy must include methods to classify
the reoffense risk and service needs of juvenile offenders. In
developing its policy, each county, to the extent practicable,
shall consult with the department of corrections and attempt to
achieve compatibility with other counties' classification
systems. The department of corrections shall cooperate with
counties in the development of their classification systems by
offering training programs, explaining existing county risk
assessment practices, and providing other requested services.
Sec. 10. Minnesota Statutes 1998, section 260.181, is
amended by adding a subdivision to read:
Subd. 3b. [INTENDED OUTCOMES.] When the court orders an
out-of-home placement disposition for a child, the court shall
state in its disposition order the intended outcome of the
placement.
Sec. 11. Minnesota Statutes 1998, section 260.185, is
amended by adding a subdivision to read:
Subd. 1d. [CASE PLAN.] (a) For each disposition ordered
for an out-of-home placement potentially exceeding 30 days, the
court shall order the appropriate agency to develop a case plan
in consultation with the child's parent or parents, guardian or
custodian, and other appropriate parties. At a minimum, the
case plan must specify:
(1) the actions to be taken by the child and, if
appropriate, the child's parent, guardian, or custodian to
insure the child's safety, future lawful conduct, and compliance
with the court's disposition order; and
(2) the services to be offered and provided by the agency
to the child and, if appropriate, the child's parent, guardian,
or custodian.
(b) The court shall review the case plan and, upon
approving it, incorporate it into its disposition order. The
court may review and modify the terms of the case plan as
appropriate. A party has a right to request a court review of
the reasonableness of the case plan upon a showing of a
substantial change of circumstances.
Sec. 12. [260.196] [COUNTY RESPONSIBILITY FOR TRANSITIONAL
SERVICES PLANS.]
When a child is subject to a court dispositional order
resulting in an out-of-home placement potentially exceeding 30
days in a residential program under this chapter, the county in
which the court is located is responsible for monitoring the
implementation of a transitional service plan upon the child's
discharge from the program. The county's responsibility under
this section extends to juveniles committed to the commissioner
of corrections who have completed the 90-day residential
after-care component of the program. The county's
responsibility includes monitoring and coordinating after-care
services to the child.
Sec. 13. [260.197] [REPORTS ON ACHIEVEMENT OF GOALS OF
COURT-ORDERED OUT-OF-HOME PLACEMENTS.]
By January 15, 2002, and each January 15 after that, the
commissioners of corrections and human services shall report to
the legislature on the extent to which the goals of
court-ordered out-of-home placements required under section
260.181, subdivision 3b, are being met.
Sec. 14. Minnesota Statutes 1998, section 346.56, is
amended to read:
346.56 [UNAUTHORIZED RELEASE OF ANIMALS.]
Subd. 2. [LIABILITY FOR DAMAGES.] A person who without
permission releases an animal lawfully confined for science,
research, commerce, or education is liable:
(1) to the owner of the animal for damages, including the
costs of restoring the animal to confinement and to its health
condition prior to release; and
(2) for damage to personal and real property caused by the
released animal.;
(3) if the release causes the failure or interruption of an
experiment, the person is liable for all costs of repeating the
experiment, including replacement of the animals, labor, and
materials; and
(4) for any other damage the person causes to property in
the facility from which the animal was released.
Subd. 3. [AMOUNT OF DAMAGES.] A person who is damaged
under subdivision 2, clause (3) or (4), is entitled to recover a
minimum of $5,000 or three times the actual damages incurred by
that person under subdivision 2, clause (3) or (4), whichever is
greater, and punitive damages, costs, and reasonable attorney
fees.
Subd. 4. [THIRD PARTY LIABILITY; PRESUMPTION.] A person or
organization who plans or assists in the development of a plan
to release, without permission, an animal lawfully confined for
science, research, commerce, or education, or who otherwise
aids, advises, hires, counsels, or encourages another to commit
the act is jointly and severally liable for all damages under
subdivision 3. There is a rebuttable presumption that a person
or organization who claims responsibility for the act is liable
under this subdivision.
Sec. 15. [480.175] [QUALIFIED COURT INTERPRETERS.]
Subdivision 1. [ESTABLISHMENT.] The supreme court, through
the office of the state court administrator, shall establish a
program for training, testing, registering, and certifying
qualified court interpreters.
Subd. 2. [FEES.] The supreme court may adopt rules to
assess fees for training, testing, registering, and certifying
court interpreters. Any fees imposed and collected shall be
deposited with the state treasurer and shall constitute a
special fund in the state treasury. The money in this fund
shall not cancel back to the general fund and is appropriated
annually to the supreme court for the cost of training, testing,
certifying, and registering court interpreters.
Subd. 3. [REPORT.] By January 15 of each year, the supreme
court shall report to the chairs and ranking minority members of
the senate and house committees and divisions with jurisdiction
over criminal justice funding on the amount of fees imposed,
collected, and appropriated under this section. The report must
include information on how the money is being used.
Sec. 16. Minnesota Statutes 1998, section 484.013,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] (a) A program is
established in the second and fourth judicial districts to
consolidate the hearing and determination of matters related to
residential rental housing and to ensure continuity and
consistency in the disposition of cases.
(b) Outside the second and fourth judicial districts, a
district court may establish the program described in paragraph
(a) in counties that it specifies in the district.
Sec. 17. Minnesota Statutes 1998, section 484.013,
subdivision 2, is amended to read:
Subd. 2. [JURISDICTION.] The housing calendar program may
consolidate the hearing and determination of all proceedings
under chapters 504 and 566; criminal and civil proceedings
related to violations of any state, county or city health,
safety, housing, building, fire prevention or housing
maintenance code; escrow of rent proceedings; landlord-tenant
damage actions; and actions for rent and rent abatement. A
proceeding under sections 566.01 to 566.17 may not be delayed
because of the consolidation of matters under the housing
calendar program.
The program must provide for the consolidation of
landlord-tenant damage actions and actions for rent at the
request of either party. A court may not consolidate claims
unless the plaintiff has met the applicable jurisdictional and
procedural requirements for each cause of action. A request for
consolidation of claims by the plaintiff does not require
mandatory joinder of defendant's claims, and a defendant is not
barred from raising those claims at another time or forum.
Sec. 18. Minnesota Statutes 1998, section 611A.77, is
amended to read:
611A.77 [MEDIATION PROGRAMS FOR CRIME VICTIMS AND
OFFENDERS.]
Subdivision 1. [GRANTS.] The state court administrator
executive director of the center for crime victim services shall
award grants to nonprofit organizations to create or expand
mediation programs for crime victims and offenders. For
purposes of this section, "offender" means an adult charged with
a nonviolent crime or a juvenile who has been referred to a
mediation program before or after a petition for delinquency has
been filed in connection with a nonviolent offense, and
"nonviolent crime" and "nonviolent offense" exclude any offense
in which the victim is a family or household member, as defined
in section 518B.01, subdivision 2.
Subd. 2. [PROGRAMS.] The state court administrator
executive director of the center for crime victim services shall
award grants to further the following goals:
(1) to expand existing mediation programs for crime victims
and juvenile offenders to also include adult offenders;
(2) to initiate victim-offender mediation programs in areas
that have no victim-offender mediation programs;
(3) to expand the opportunities for crime victims to be
involved in the criminal justice process;
(4) to evaluate the effectiveness of victim-offender
mediation programs in reducing recidivism and encouraging the
payment of court-ordered restitution; and
(5) to evaluate the satisfaction of victims who participate
in the mediation programs.
Subd. 3. [MEDIATOR QUALIFICATIONS.] The state court
administrator executive director of the center for crime victim
services shall establish criteria to ensure that mediators
participating in the program are qualified.
Subd. 4. [MATCH REQUIRED.] A nonprofit organization may
not receive a grant under this section unless the group has
raised a matching amount from other sources.
Sec. 19. Laws 1997, chapter 85, article 3, section 53, is
amended to read:
Sec. 53. [TRANSFER OF RESPONSIBILITIES FOR PROVIDING
SECURE CRISIS SHELTER.]
In state fiscal year 2000 2001, all the powers, duties, and
functions of the commissioner of human services relating to the
operation and funding of shelters for battered women are
transferred to the commissioner of corrections executive
director of the center for crime victim services in accordance
with Minnesota Statutes, section 15.039, except for personnel
transfers under Minnesota Statutes, section 15.039, subdivision
7.
No payments by the general assistance program under
Minnesota Statutes 1998, section 256D.05, subdivision 3 or 3a,
will be made after June 30, 2000.
Sec. 20. [TASK FORCE ON JUVENILE OUT-OF-HOME PLACEMENT
GOALS.]
Subdivision 1. [TASK FORCE ESTABLISHED.] The chief justice
of the supreme court is requested to convene a task force on
juvenile out-of-home placement goals. If the task force is
convened, it shall:
(1) develop a uniform list of possible out-of-home
placement goals for juvenile court dispositions from which
judges could select when complying with Minnesota Statutes,
section 260.181, subdivision 3b; and
(2) identify steps required to be taken by state agencies
to collect and report summary information on the achievement of
these goals.
The task force shall specify which agencies should collect
the information and identify costs related to collecting it.
Subd. 2. [MEMBERSHIP.] The chief justice should invite
individuals with a demonstrated interest and experience in
issues related to juvenile out-of-home placements to join the
task force. In addition, the chief justice should invite
legislators and representatives from the executive branch to
join the task force, as well as representatives from county
corrections agencies and communities of color.
Subd. 3. [REPORT REQUIRED.] By January 15, 2001, the task
force shall report its recommendations to the chairs and ranking
minority members of the senate and house committees having
jurisdiction over issues related to criminal justice, civil law,
and human services. The report must identify any changes
required in law to implement its recommendations. The task
force expires upon submission of its report.
Sec. 21. [TASK FORCE ON INFORMATION COLLECTION FOR
OUT-OF-HOME PLACEMENTS.]
Subdivision 1. [TASK FORCE ESTABLISHED.] The commissioners
of corrections and human services shall convene a task force to
identify ways to collect comprehensive statewide information on
juvenile out-of-home placement spending and individual juvenile
out-of-home placements. The task force shall review and address
the findings made in the January 1999 juvenile out-of-home
placement program evaluation report prepared by the office of
the legislative auditor. The task force shall: (1) identify
ways for county corrections agencies to report information on
all individual out-of-home placements, including preadjudication
detention and postadjudication placements; (2) identify ways to
coordinate these efforts with the data collection requirements
of the umbrella rule; (3) identify ways to coordinate the data
collection systems of the department of human services and
corrections to ensure that juvenile out-of-home placement data
can be shared between the agencies; and (4) study ways to
increase federal reimbursement for out-of-home placements and
after care costs including juvenile probation. The task force
expires upon submission of its recommendations to the
commissioners.
Subd. 2. [REPORT REQUIRED.] By January 15, 2001, the
commissioners of corrections and human services shall report to
the chairs and ranking minority members of the senate and house
committees having jurisdiction over issues related to criminal
justice, civil law, and human services on the recommendations of
the task force.
Sec. 22. [TASK FORCE ON RESIDENTIAL PROGRAM COMPLETION
INFORMATION.]
Subdivision 1. [TASK FORCE ESTABLISHED.] The commissioners
of corrections and human services shall convene a task force to
adopt uniform definitions for measuring residential program
completion rates for juveniles placed in residential facilities.
Subd. 2. [REPORT REQUIRED.] By January 15, 2001, the
commissioners of corrections and human services shall report to
the chairs and ranking minority members of the senate and house
committees having jurisdiction over issues related to criminal
justice, civil law, and human services on the recommendations of
the task force. The task force expires upon submission of its
recommendations to the commissioners.
Sec. 23. [CULTURALLY APPROPRIATE SERVICES FOR JUVENILES.]
Subdivision 1. [IDENTIFICATION OF BEST PRACTICES
REQUIRED.] The commissioners of corrections and human services
shall study issues involving providing culturally appropriate
screening, assessment, case management, and direct services for
juveniles in juvenile court. The commissioners shall identify a
set of best practices in these areas and make these recommended
best practices available to the staffs of juvenile residential
facilities and counties.
Subd. 2. [REPORT.] By January 15, 2001, the commissioners
of corrections and human services shall report their findings
and recommendations to the chairs and ranking minority members
of the senate and house committees having jurisdiction over
issues related to criminal justice, civil law, and human
services.
Sec. 24. [DEPARTMENT OF HUMAN SERVICES JUVENILE
OUT-OF-HOME PLACEMENT DATABASE.]
The department of human services shall continue to review
and monitor the social services information system to ensure the
accuracy and completeness of data on juvenile out-of-home
placements, including the number of children in out-of-home
placements, characteristics of those children, days spent in
placement, outcomes of placements, and other data necessary to
evaluate the out-of-home placement of juveniles on a county and
statewide basis. To the extent possible, the department shall
identify and correct errors and omissions in its current
database in order to facilitate future analyses and comparisons
of juvenile out-of-home placements.
Sec. 25. [NEW JUDGESHIPS.]
Three of the additional judgeships authorized for judicial
districts in Minnesota Statutes, section 2.722, subdivision 1,
are established effective July 1, 1999, three are established
effective January 1, 2000, three are established effective July
1, 2000, and four are established effective January 1, 2001.
Sec. 26. [REPEALER.]
Minnesota Statutes 1998, section 256D.05, subdivisions 3
and 3a, are repealed.
Sec. 27. [EFFECTIVE DATES.]
Sections 2 to 5 are effective August 1, 1999, and apply to
offenders released from confinement or residential facilities on
or after that date, and to changes of residence by offenders
after that date. Sections 12 and 26 are effective July 1,
2000. Section 14 is effective the day following final enactment.
ARTICLE 7
STATE FUNDING OF PROGRAMS AND JUDICIAL DISTRICTS;
COLLECTIVE BARGAINING
Section 1. Minnesota Statutes 1998, section 43A.02,
subdivision 25, is amended to read:
Subd. 25. [JUDICIAL BRANCH.] "Judicial branch" means all
judges of the appellate courts, all employees of the appellate
courts, including commissions, boards, and committees
established by the supreme court, the board of law examiners,
the law library, the office of the state public defender,
district public defenders and their employees, all judges of all
courts of law, district court referees, judicial officers, court
reporters, law clerks, district administration employees under
section 484.68, court administrator or employee of the court and
guardian ad litem program employees in the eighth a judicial
district under section 480.181, subdivision 1, paragraph (b),
guardian ad litem program employees, and other agencies placed
in the judicial branch by law. Judicial branch does not include
district administration or public defenders or their employees
in the second and fourth judicial districts, court
administrators not under section 480.181, subdivision 1,
paragraph (b), or their staff under chapter 485, guardians ad
litem, or other employees within the court system whose salaries
are paid by the county, other than employees who remain on the
county payroll under section 480.181, subdivision 2.
Sec. 2. Minnesota Statutes 1998, section 43A.24,
subdivision 2, is amended to read:
Subd. 2. [OTHER ELIGIBLE PERSONS.] The following persons
are eligible for state paid life insurance and hospital,
medical, and dental benefits as determined in applicable
collective bargaining agreements or by the commissioner or by
plans pursuant to section 43A.18, subdivision 6, or by the board
of regents for employees of the University of Minnesota not
covered by collective bargaining agreements. Coverages made
available, including optional coverages, are as contained in the
plan established pursuant to section 43A.18, subdivision 2:
(a) a member of the state legislature, provided that
changes in benefits resulting in increased costs to the state
shall not be effective until expiration of the term of the
members of the existing house of representatives. An eligible
member of the state legislature may decline to be enrolled for
state paid coverages by filing a written waiver with the
commissioner. The waiver shall not prohibit the member from
enrolling the member or dependents for optional coverages,
without cost to the state, as provided for in section 43A.26. A
member of the state legislature who returns from a leave of
absence to a position previously occupied in the civil service
shall be eligible to receive the life insurance and hospital,
medical, and dental benefits to which the position is entitled;
(b) a permanent employee of the legislature or a permanent
employee of a permanent study or interim committee or commission
or a state employee on leave of absence to work for the
legislature, during a regular or special legislative session;
(c) a judge of the appellate courts or an officer or
employee of these courts; a judge of the district court, a judge
of county court, or a judge of county municipal court; a
district court referee, judicial officer, court reporter, or law
clerk; a district administrator; an employee of the office of
the district administrator that is not in the second or fourth
judicial district; a court administrator or employee of the
court administrator in the eighth a judicial district under
section 480.181, subdivision 1, paragraph (b), and a guardian ad
litem program administrator in the eighth judicial
district employee;
(d) a salaried employee of the public employees retirement
association;
(e) a full-time military or civilian officer or employee in
the unclassified service of the department of military affairs
whose salary is paid from state funds;
(f) a salaried employee of the Minnesota historical
society, whether paid from state funds or otherwise, who is not
a member of the governing board;
(g) an employee of the regents of the University of
Minnesota;
(h) notwithstanding section 43A.27, subdivision 3, an
employee of the state of Minnesota or the regents of the
University of Minnesota who is at least 60 and not yet 65 years
of age on July 1, 1982, who is otherwise eligible for employee
and dependent insurance and benefits pursuant to section 43A.18
or other law, who has at least 20 years of service and retires,
earlier than required, within 60 days of March 23, 1982; or an
employee who is at least 60 and not yet 65 years of age on July
1, 1982, who has at least 20 years of state service and retires,
earlier than required, from employment at Rochester state
hospital after July 1, 1981; or an employee who is at least 55
and not yet 65 years of age on July 1, 1982, and is covered by
the Minnesota state retirement system correctional employee
retirement plan or the state patrol retirement fund, who has at
least 20 years of state service and retires, earlier than
required, within 60 days of March 23, 1982. For purposes of
this clause, a person retires when the person terminates active
employment in state or University of Minnesota service and
applies for a retirement annuity. Eligibility shall cease when
the retired employee attains the age of 65, or when the employee
chooses not to receive the annuity that the employee has applied
for. The retired employee shall be eligible for coverages to
which the employee was entitled at the time of retirement,
subject to any changes in coverage through collective bargaining
or plans established pursuant to section 43A.18, for employees
in positions equivalent to that from which retired, provided
that the retired employee shall not be eligible for state-paid
life insurance. Coverages shall be coordinated with relevant
health insurance benefits provided through the federally
sponsored Medicare program;
(i) an employee of an agency of the state of Minnesota
identified through the process provided in this paragraph who is
eligible to retire prior to age 65. The commissioner and the
exclusive representative of state employees shall enter into
agreements under section 179A.22 to identify employees whose
positions are in programs that are being permanently eliminated
or reduced due to federal or state policies or practices.
Failure to reach agreement identifying these employees is not
subject to impasse procedures provided in chapter 179A. The
commissioner must prepare a plan identifying eligible employees
not covered by a collective bargaining agreement in accordance
with the process outlined in section 43A.18, subdivisions 2 and
3. For purposes of this paragraph, a person retires when the
person terminates active employment in state service and applies
for a retirement annuity. Eligibility ends as provided in the
agreement or plan, but must cease at the end of the month in
which the retired employee chooses not to receive an annuity, or
the employee is eligible for employer-paid health insurance from
a new employer. The retired employees shall be eligible for
coverages to which they were entitled at the time of retirement,
subject to any changes in coverage through collective bargaining
or plans established under section 43A.18 for employees in
positions equivalent to that from which they retired, provided
that the retired employees shall not be eligible for state-paid
life insurance;
(j) employees of the state public defender's office, and
district public defenders and their employees other than in the
second and fourth judicial districts state board of public
defense, with eligibility determined by the state board of
public defense in consultation with the commissioner of employee
relations; and
(k) employees of the health data institute under section
62J.451, subdivision 12, as paid for by the health data
institute.
Sec. 3. Minnesota Statutes 1998, section 179A.03,
subdivision 7, is amended to read:
Subd. 7. [ESSENTIAL EMPLOYEE.] "Essential employee" means
firefighters, peace officers subject to licensure under sections
626.84 to 626.863, 911 system and police and fire department
public safety dispatchers, guards at correctional facilities,
confidential employees, supervisory employees, assistant county
attorneys, assistant city attorneys, principals, and assistant
principals. However, for state employees, "essential employee"
means all employees in law enforcement, health care
professionals, correctional guards, professional engineering,
and supervisory collective bargaining units, irrespective of
severance, and no other employees. For University of Minnesota
employees, "essential employee" means all employees in law
enforcement, nursing professional and supervisory units,
irrespective of severance, and no other employees.
"Firefighters" means salaried employees of a fire department
whose duties include, directly or indirectly, controlling,
extinguishing, preventing, detecting, or investigating
fires. Employees for whom the state court administrator is the
negotiating employer are not essential employees.
Sec. 4. Minnesota Statutes 1998, section 179A.03,
subdivision 14, is amended to read:
Subd. 14. [PUBLIC EMPLOYEE.] "Public employee" or
"employee" means any person appointed or employed by a public
employer except:
(a) elected public officials;
(b) election officers;
(c) commissioned or enlisted personnel of the Minnesota
national guard;
(d) emergency employees who are employed for emergency work
caused by natural disaster;
(e) part-time employees whose service does not exceed the
lesser of 14 hours per week or 35 percent of the normal work
week in the employee's appropriate unit;
(f) employees whose positions are basically temporary or
seasonal in character and: (1) are not for more than 67 working
days in any calendar year; or (2) are not for more than 100
working days in any calendar year and the employees are under
the age of 22, are full-time students enrolled in a nonprofit or
public educational institution prior to being hired by the
employer, and have indicated, either in an application for
employment or by being enrolled at an educational institution
for the next academic year or term, an intention to continue as
students during or after their temporary employment;
(g) employees providing services for not more than two
consecutive quarters to the board of trustees of the Minnesota
state colleges and universities under the terms of a
professional or technical services contract as defined in
section 16C.08, subdivision 1;
(h) employees of charitable hospitals as defined by section
179.35, subdivision 3;
(i) full-time undergraduate students employed by the school
which they attend under a work-study program or in connection
with the receipt of financial aid, irrespective of number of
hours of service per week;
(j) an individual who is employed for less than 300 hours
in a fiscal year as an instructor in an adult vocational
education program;
(k) an individual hired by a school district or the board
of trustees of the Minnesota state colleges and universities to
teach one course for up to four credits for one quarter in a
year;
(l) with respect to court employees:
(1) personal secretaries to judges;
(2) court reporters;
(3) law clerks;
(4) managerial employees;
(5) confidential employees; and
(6) supervisory employees.
The following individuals are public employees regardless
of the exclusions of clauses (e) and (f):
(1) (i) An employee hired by a school district or the board
of trustees of the Minnesota state colleges and universities
except at the university established in section 136F.13 or for
community services or community education instruction offered on
a noncredit basis: (i) (A) to replace an absent teacher or
faculty member who is a public employee, where the replacement
employee is employed more than 30 working days as a replacement
for that teacher or faculty member; or (ii) (B) to take a
teaching position created due to increased enrollment,
curriculum expansion, courses which are a part of the curriculum
whether offered annually or not, or other appropriate reasons;
and
(2) (ii) An employee hired for a position under clause
(f)(1) if that same position has already been filled under
clause (f)(1) in the same calendar year and the cumulative
number of days worked in that same position by all employees
exceeds 67 calendar days in that year. For the purpose of this
paragraph, "same position" includes a substantially equivalent
position if it is not the same position solely due to a change
in the classification or title of the position.
Sec. 5. Minnesota Statutes 1998, section 179A.03,
subdivision 15, is amended to read:
Subd. 15. [PUBLIC EMPLOYER.] "Public employer" or
"employer" means:
(a) the state of Minnesota for employees of the state not
otherwise provided for in this subdivision or section 179A.10
for executive branch employees;
(b) the board of regents of the University of Minnesota for
its employees; and
(c) the state court administrator for court employees;
(d) the state board of public defense for its employees;
and
(e) notwithstanding any other law to the contrary, the
governing body of a political subdivision or its agency or
instrumentality which has final budgetary approval authority for
its employees. However, the views of elected appointing
authorities who have standing to initiate interest arbitration,
and who are responsible for the selection, direction,
discipline, and discharge of individual employees shall be
considered by the employer in the course of the discharge of
rights and duties under sections 179A.01 to 179A.25.
When two or more units of government subject to sections
179A.01 to 179A.25 undertake a project or form a new agency
under law authorizing common or joint action, the employer is
the governing person or board of the created agency. The
governing official or body of the cooperating governmental units
shall be bound by an agreement entered into by the created
agency according to sections 179A.01 to 179A.25.
"Public employer" or "employer" does not include a
"charitable hospital" as defined in section 179.35, subdivision
2.
Nothing in this subdivision diminishes the authority
granted pursuant to law to an appointing authority with respect
to the selection, direction, discipline, or discharge of an
individual employee if this action is consistent with general
procedures and standards relating to selection, direction,
discipline, or discharge which are the subject of an agreement
entered into under sections 179A.01 to 179A.25.
Sec. 6. Minnesota Statutes 1998, section 179A.03, is
amended by adding a subdivision to read:
Subd. 20. [COURT EMPLOYEE.] "Court employee" means a
public employee employed by the supreme court, court of appeals,
or a judicial district that is under section 480.181,
subdivision 1, paragraph (b).
Sec. 7. Minnesota Statutes 1998, section 179A.06,
subdivision 2, is amended to read:
Subd. 2. [RIGHT TO ORGANIZE.] Public employees have the
right to form and join labor or employee organizations, and have
the right not to form and join such organizations. Public
employees in an appropriate unit have the right by secret ballot
to designate an exclusive representative to negotiate grievance
procedures and the terms and conditions of employment with their
employer. Confidential employees of the state, confidential
court employees, and the confidential University of
Minnesota employees are excluded from bargaining. Supervisory
and managerial court employees are excluded from bargaining.
Other confidential employees, supervisory employees, principals,
and assistant principals may form their own organizations. An
employer shall extend exclusive recognition to a representative
of or an organization of supervisory or confidential employees,
or principals and assistant principals, for the purpose of
negotiating terms or conditions of employment, in accordance
with sections 179A.01 to 179A.25, applicable to essential
employees.
Supervisory or confidential employee organizations shall
not participate in any capacity in any negotiations which
involve units of employees other than supervisory or
confidential employees. Except for organizations which
represent supervisors who are: (1) firefighters, peace officers
subject to licensure under sections 626.84 to 626.863, guards at
correctional facilities, or employees at hospitals other than
state hospitals; and (2) not state or University of Minnesota
employees, a supervisory or confidential employee organization
which is affiliated with another employee organization which is
the exclusive representative of nonsupervisory or
nonconfidential employees of the same public employer shall not
be certified, or act as, an exclusive representative for the
supervisory or confidential employees. For the purpose of this
subdivision, affiliation means either direct or indirect and
includes affiliation through a federation or joint body of
employee organizations.
Sec. 8. Minnesota Statutes 1998, section 179A.10,
subdivision 4, is amended to read:
Subd. 4. [OTHER ASSIGNMENTS.] The commissioner shall
assign state employee classifications, court employee
classifications, University of Minnesota employee
classifications, and supervisory positions to the appropriate
units when the classifications or positions have not been
assigned under subdivision 2 or section 179A.101 or 179A.11 or
have been significantly modified in occupational content
subsequent to assignment under these sections. The assignment
of the classes shall be made on the basis of the community of
interest of the majority of employees in these classes with the
employees within the statutory units. All the employees in a
class, excluding supervisory and confidential employees, shall
be assigned to a single appropriate unit.
Sec. 9. [179A.101] [COURT UNITS.]
Subdivision 1. [COURT EMPLOYEE UNITS.] (a) The state court
administrator shall meet and negotiate with the exclusive
representative of each of the units specified in this section.
The units provided in this section are the only appropriate
units for court employees. Court employees, unless otherwise
excluded, are included within the units which include the
classifications to which they are assigned for purposes of
compensation. Initial assignment of classifications to
bargaining units shall be made by the state court administrator
by August 15, 1999. An exclusive representative may appeal the
initial assignment decision of the state court administrator by
filing a petition with the commissioner within 45 days of being
certified as the exclusive representative for a judicial
district. The units in this subdivision are the appropriate
units of court employees.
(b) The judicial district unit consists of clerical,
administrative, and technical employees of a judicial district
under section 480.181, subdivision 1, paragraph (b), or of two
or more of these districts that are represented by the same
employee organization or one or more subordinate bodies of the
same employee organization. The judicial district unit includes
individuals, not otherwise excluded, whose work is typically
clerical or secretarial in nature, including nontechnical data
recording and retrieval and general office work, and
individuals, not otherwise excluded, whose work is not typically
manual and which requires specialized knowledge or skills
acquired through two-year academic programs or equivalent
experience or on-the-job training.
(c) The appellate courts unit consists of clerical,
administrative, and technical employees of the court of appeals
and clerical, administrative, and technical employees of the
supreme court. The appellate courts unit includes individuals,
not otherwise excluded, whose work is typically clerical or
secretarial in nature, including nontechnical data recording and
retrieval and general office work, and individuals, not
otherwise excluded, whose work is not typically manual and which
requires specialized knowledge or skills acquired through
two-year academic programs or equivalent experience or
on-the-job training.
(d) The court employees professional employee unit consists
of professional employees, not otherwise excluded, that are
employed by the supreme court, the court of appeals, or a
judicial district under section 480.181, subdivision 1,
paragraph (b).
(e) Copies of collective bargaining agreements entered into
under this section must be submitted to the legislative
coordinating commission for the commission's information.
Subd. 2. [EXCLUSIONS.] The following employees are
excluded from the appropriate units under subdivision 1:
(1) personal secretaries to judges;
(2) court reporters;
(3) law clerks;
(4) managerial employees;
(5) confidential employees; and
(6) supervisory employees.
Subd. 3. [EMPLOYEE ORGANIZATIONS REPRESENTING MORE THAN
ONE JUDICIAL DISTRICT UNIT.] Whenever an employee organization
or one or more subordinate bodies of the same employee
organization is certified as the exclusive representative of the
employees in more than one judicial district unit, all judicial
district units for which the employee organization or one or
more subordinate bodies of the same employee organization has
been certified will be combined into one unit and the employee
organization certified as exclusive representative of the
employees of the new, combined unit. The commissioner shall
issue a certification within 45 days of receipt of a petition
demonstrating that an employee organization or one or more
subordinate bodies of the same employee organization is
certified as the exclusive representative of employees in more
than one judicial district unit.
Sec. 10. [179A.102] [TRANSITION TO NEW BARGAINING UNIT
STRUCTURE.]
Subdivision 1. [APPLICATION OF SECTION.] Notwithstanding
the provisions of section 179A.12 or any other law, this section
governs, where contrary to other law, the initial certification
and decertification, if any, of exclusive representatives for
the appropriate units established by section 9. Subsequent to
the initial certification and decertification, if any, pursuant
to this section, this section does not apply.
Subd. 2. [EXISTING MAJORITY.] The commissioner shall
certify an employee organization as exclusive representative for
an appropriate unit established under section 9 upon a petition
filed with the commissioner by the organization within 30 days
of the effective date of the judicial district coming under
section 480.181, subdivision 1, paragraph (b), demonstrating
that the petitioner is certified pursuant to section 179A.12 as
the exclusive representative of a majority of the employees
included within the unit established by section 9 as of that
effective date. Two or more employee organizations that
represent the employees in a unit established by section 9 may
petition jointly under this subdivision, provided that any
organization may withdraw from a joint certification in favor of
the remaining organizations on 30 days' notice to the remaining
organizations, the employer, and the commissioner, without
affecting the rights and obligations of the remaining
organizations or the employer. The commissioner shall make a
determination on a timely petition within 45 days of its receipt.
Subd. 3. [NO EXISTING MAJORITY.] (a) If no exclusive
representative is certified under subdivision 2, the
commissioner shall certify an employee organization as exclusive
representative for an appropriate unit established under section
9 upon a petition filed by the organization within the time
period provided in subdivision 2 demonstrating that the
petitioner is certified under section 179A.12 as the exclusive
representative of fewer than a majority of the employees
included within the unit established by section 9, if no other
employee organization so certified has filed a petition within
the time period provided in subdivision 2 and a majority of the
employees in the unit established by section 9 are represented
by employee organizations under section 179A.12 on the effective
date of the judicial district coming under section 480.181,
subdivision 1, paragraph (b). Two or more employee
organizations, each of which represents employees included in
the unit established by section 9, may petition jointly under
this paragraph, provided that any organization may withdraw from
a joint certification in favor of the remaining organizations on
30 days' notice to the remaining organizations, the employer,
and the commissioner without affecting the rights and
obligations of the remaining organizations or the employer. The
commissioner shall make a determination on a timely petition
within 45 days of its receipt.
(b) If no exclusive representative is certified under
subdivision 2 or paragraph (a), and an employee organization
petitions the commissioner within 90 days of the effective date
of the judicial district coming under section 480.181,
subdivision 1, paragraph (b), demonstrating that a majority of
the employees included within a unit established by section 9
wish to be represented by the petitioner, where this majority is
evidenced by current dues deduction rights, signed statements
from court employees in counties within the district that are
not currently represented by any employee organization plainly
indicating that the signatories wish to be represented for
collective bargaining purposes by the petitioner rather than by
any other organization, or a combination of those, the
commissioner shall certify the petitioner as exclusive
representative of the employees in the unit established by
section 9. The commissioner shall make a determination on a
timely petition within 45 days of its receipt.
(c) If no exclusive representative is certified under
subdivision 2 or paragraph (a) or (b), and an employee
organization petitions the commissioner subsequent to the
effective date of the judicial district coming under section
480.181, subdivision 1, paragraph (b), demonstrating that at
least 30 percent of the employees included within a unit
established by section 9 wish to be represented by the
petitioner, where this 30 percent is evidenced by current dues
deduction rights, signed statements from court employees in
counties within the district that are not currently represented
by any employee organization plainly indicating that the
signatories wish to be represented for collective bargaining
purposes by the petitioner rather than by any other
organization, or a combination of those, the commissioner shall
conduct a secret ballot election to determine the wishes of the
majority. The election must be conducted within 45 days of
receipt or final decision on any petitions filed pursuant to
subdivision 2, whichever is later. The election is governed by
section 179A.12, where not inconsistent with other provisions of
this section.
Subd. 4. [DECERTIFICATION.] The commissioner may not
consider a petition for decertification of an exclusive
representative certified under this section for one year after
certification. After that time a petition must be considered
under the provisions of section 179A.12.
Subd. 5. [EXISTING COLLECTIVE BARGAINING AGREEMENTS.] The
terms and conditions of collective bargaining agreements
covering judicial district employees in districts that come
under section 480.181, subdivision 1, paragraph (b), remain in
effect until a successor agreement becomes effective.
Subd. 6. [CONTRACT AND REPRESENTATION
RESPONSIBILITIES.] (a) Notwithstanding the provisions of section
9, the exclusive representatives of units of court employees
certified prior to the effective date of the judicial district
coming under section 480.181, subdivision 1, paragraph (b),
remain responsible for administration of their contracts and for
other contractual duties and have the right to dues and fair
share fee deduction and other contractual privileges and rights
until a contract is agreed upon with the state court
administrator for a new unit established under section 9 or
until June 30, 2001, whichever is earlier. Exclusive
representatives of court employees certified after the effective
date of this section in the judicial district are immediately
upon certification responsible for bargaining on behalf of
employees within the unit. They are also responsible for
administering grievances arising under previous contracts
covering employees included within the unit which remain
unresolved on June 30, 2001, or upon agreement with the state
court administrator on a contract for a new unit established
under section 9, whichever is earlier. Where the employer does
not object, these responsibilities may be varied by agreement
between the outgoing and incoming exclusive representatives.
All other rights and duties of representation begin on July 1,
2001, except that exclusive representatives certified after the
effective date of this section shall immediately, upon
certification, have the right to all employer information and
all forms of access to employees within the bargaining unit
which would be permitted to the current contract holder,
including the rights in section 179A.07, subdivision 6. This
section does not affect an existing collective bargaining
contract. Incoming exclusive representatives of court employees
from judicial districts that come under section 480.181,
subdivision 1, paragraph (b), are immediately, upon
certification, responsible for bargaining on behalf of all
previously unrepresented employees assigned to their units. All
other rights and duties of exclusive representatives begin on
July 1, 2001.
(b) Nothing in sections 3 to 15 prevents an exclusive
representative certified after the effective date of section 3
to 15 from assessing fair share or dues deductions immediately
upon certification for employees in a unit established under
section 9 if the employees were unrepresented for collective
bargaining purposes before that certification.
Sec. 11. [179A.103] [GENERAL PROVISIONS FOR COURT
EMPLOYEES.]
Subdivision 1. [CONTRACTS.] Contracts for the period
commencing July 1, 2000, for the judicial district court
employees of judicial districts that are under section 480.181,
subdivision 1, paragraph (b), must be negotiated with the state
court administrator. Negotiations for those contracts may begin
any time after July 1, 1999, and may be initiated by either
party notifying the other of the desire to begin the negotiating
process. Negotiations are subject to this chapter.
Subd. 2. [DATE OF EMPLOYMENT.] The date of first
employment by the state court system is the date on which
services were first performed by the employee for the employer
from which the employee is being transferred.
Subd. 3. [PROBATIONARY PERIODS.] Except as otherwise
provided in a successor contract, probationary periods are not
affected by the transfer of employees to the state court system.
Subd. 4. [WAGE PROTECTION.] Court employees in judicial
districts coming under section 480.181, subdivision 1, paragraph
(b), may not have a decrease in wages as a result of their
transfer to state employment. Wage scales negotiated in a
judicial district contract are not to be applied to a court
employee of a judicial district who was a court employee of a
county within the judicial district at the time the judicial
district came under section 480.181, subdivision 1, paragraph
(b), until the wage for the employee under the scale is equal to
or greater than the wage the employee was receiving on the date
the judicial district came under section 480.181, subdivision 1,
paragraph (b).
Sec. 12. [179A.104] [BOARD OF PUBLIC DEFENSE.]
Subdivision 1. [BOARD OF PUBLIC DEFENSE EMPLOYEE
UNITS.] The state board of public defense shall meet and
negotiate with the exclusive representative of each of the
statewide units specified in this section. The units provided
in this section are the only appropriate statewide units for
state employees of the board. Employees of the state board of
public defense, unless otherwise excluded, are included within
the units which include the classifications to which they are
assigned for purposes of compensation. The following are the
appropriate statewide units of state employees of the board:
(1) assistant district and assistant state public defender
unit; and
(2) clerical and support staff unit.
Each unit consists of the classifications or positions assigned
to it in the schedule of job classifications and positions
maintained by the state board of public defense.
Subd. 2. [EXCLUSIONS.] The following employees are
excluded from the appropriate statewide units under subdivision
1:
(1) the positions of state public defender, deputy state
public defender, and chief district public defender;
(2) the positions of managing attorney and managing legal
secretary in judicial district public defender offices and in
the state public defender's office;
(3) positions of all employees in the administrative
services office of the state board of public defense;
(4) positions of all part-time and temporary employees as
defined under section 179A.03, subdivision 14, clauses (e) and
(f).
Sec. 13. Minnesota Statutes 1998, section 179A.12,
subdivision 4, is amended to read:
Subd. 4. [STATE UNIT ELECTIONS.] The commissioner shall
not consider a petition for a decertification election during
the term of a contract covering employees of the executive
branch or judicial branches of the state of Minnesota except for
a period for from not more than 270 to not less than 210 days
before its date of termination.
Sec. 14. Minnesota Statutes 1998, section 179A.22,
subdivision 2, is amended to read:
Subd. 2. [EMPLOYER.] The employer of state executive
branch employees shall be, for purposes of sections 179A.01 to
179A.25, the commissioner of employee relations or the
commissioner's representative.
Sec. 15. Minnesota Statutes 1998, section 179A.22,
subdivision 3, is amended to read:
Subd. 3. [DUTIES.] In all negotiations between the
executive branch of the state and exclusive representatives, the
state executive branch shall be represented by the commissioner
of employee relations or the commissioner's representative. The
attorney general, and each appointing authority shall cooperate
with the commissioner of employee relations in conducting
negotiations and shall make available any personnel and other
resources necessary to enable the commissioner to conduct
effective negotiations.
Sec. 16. [179A.225] [COURT EMPLOYEES; NEGOTIATIONS.]
Subdivision 1. [EMPLOYER.] The employer of court employees
is, for purposes of sections 179A.01 to 179A.25, the state court
administrator or designated representative.
Subd. 2. [DUTIES.] In all negotiations between the state
court system and exclusive representatives of court employees,
the state court system must be represented by the state court
administrator or designated representative. All judges and
managerial, confidential, and supervisory personnel of the
supreme court, the court of appeals, and the judicial districts
that are under section 480.181, subdivision 1, paragraph (b),
shall cooperate with the designated representative of the state
court administrator in conducting negotiations and shall make
available any personnel and other resources necessary to enable
the representative of the state court administrator to conduct
effective negotiations.
Subd. 3. [AGREEMENTS.] The state court administrator is
authorized to enter into agreements with exclusive
representatives.
Sec. 17. [179A.226] [BOARD OF PUBLIC DEFENSE EMPLOYEES;
NEGOTIATIONS.]
Subdivision 1. [DUTIES.] In all negotiations between the
state board of public defense and exclusive representatives, the
board must be represented by the chief administrator of the
board or the chief administrator's designee. Each appointing
authority shall cooperate with the chief administrator in
conducting negotiations and shall make available any personnel
and other resources necessary to enable the chief administrator
to conduct effective negotiations. For purposes of this
subdivision, "appointing authority" means the state public
defender, the deputy state public defender, or the chief public
defender of the judicial district, as appropriate.
Subd. 2. [AGREEMENTS.] The state board of public defense
is authorized to enter into agreements with exclusive
representatives.
Sec. 18. Minnesota Statutes 1998, section 243.50, is
amended to read:
243.50 [PAYMENT OF COURT REPORTER.]
Such transcripts and tapes shall be furnished by the court
reporter who shall be paid therefor by the county state courts,
on certificates duly certified to by the judge presiding at the
sentence, and filed with the county auditor, the same fee per
folio provided by statute for transcripts of testimony furnished
to parties ordering the same in civil proceedings and for tapes
on a costs basis.
Sec. 19. Minnesota Statutes 1998, section 253B.23,
subdivision 1, is amended to read:
Subdivision 1. [COSTS OF HEARINGS.] (a) In each proceeding
under this chapter the court shall allow and order paid to each
witness subpoenaed the fees and mileage prescribed by law; to
each examiner a reasonable sum for services and for travel; to
persons conveying the patient to the place of detention,
disbursements for the travel, board, and lodging of the patient
and of themselves and their authorized assistants; and to the
patient's counsel, when appointed by the court, a reasonable sum
for travel and for the time spent in court or in preparing for
the hearing. Upon the court's order, the county auditor shall
issue a warrant on the county treasurer for payment of the
amounts allowed, excluding the costs of the examiner, which must
be paid by the state courts.
(b) Whenever venue of a proceeding has been transferred
under this chapter, the costs of the proceedings shall be
reimbursed to the county where the proceedings were conducted by
the county of the patient's residence.
Sec. 20. Minnesota Statutes 1998, section 253B.23,
subdivision 8, is amended to read:
Subd. 8. [TRANSCRIPTS.] For purposes of taking an appeal
or petition for habeas corpus or for a judicial determination of
mental competency or need for commitment, transcripts of
commitment proceedings, or portions of them, shall be made
available to the parties upon written application to the court.
Upon a showing by a party that the party is unable to pay the
cost of a transcript, it shall be made available at no expense
to the party. The state courts shall pay the cost of the
transcript.
Sec. 21. Minnesota Statutes 1998, section 257.69,
subdivision 2, is amended to read:
Subd. 2. [GUARDIAN; LEGAL FEES.] (a) The court may order
expert witness and guardian ad litem fees and other costs of the
trial and pretrial proceedings, including appropriate tests, to
be paid by the parties in proportions and at times determined by
the court. The court shall require a party to pay part of the
fees of court-appointed counsel according to the party's ability
to pay, but if counsel has been appointed the appropriate agency
shall pay the party's proportion of all other fees and costs.
The agency responsible for child support enforcement shall pay
the fees and costs for blood or genetic tests in a proceeding in
which it is a party, is the real party in interest, or is acting
on behalf of the child. However, at the close of a proceeding
in which paternity has been established under sections 257.51 to
257.74, the court shall order the adjudicated father to
reimburse the public agency, if the court finds he has
sufficient resources to pay the costs of the blood or genetic
tests. When a party bringing an action is represented by the
county attorney, no filing fee shall be paid to the court
administrator.
(b) In each fiscal year, the state treasurer shall deposit
guardian ad litem reimbursements in the general fund and credit
them to a separate account with the trial courts. The balance
of this account is appropriated to the trial courts and does not
cancel but is available until expended. Expenditures by the
state court administrator's office from this account must be
based on the amount of the guardian ad litem reimbursements
received by the state from the courts in each judicial district.
Sec. 22. Minnesota Statutes 1998, section 260.251,
subdivision 2, is amended to read:
Subd. 2. [COURT EXPENSES.] The following expenses are a
charge upon the county in which proceedings are held upon
certification of the judge of juvenile court or upon such other
authorization provided by law:
(a) The fees and mileage of witnesses, and the expenses and
mileage of officers serving notices and subpoenas ordered by the
court, as prescribed by law.
(b) The expenses for travel and board of the juvenile court
judge when holding court in places other than the county seat.
(c) The expense of transporting a child to a place
designated by a child-placing agency for the care of the child
if the court transfers legal custody to a child-placing agency.
(d) (c) The expense of transporting a minor to a place
designated by the court.
(e) (d) Reasonable compensation for an attorney appointed
by the court to serve as counsel or guardian ad litem, except in
the eighth judicial district where the state courts shall pay
for counsel to a guardian ad litem until the recommendations of
the task force created in section 42 are implemented.
The state courts shall pay for guardian ad litem expenses.
Sec. 23. Minnesota Statutes 1998, section 260.251,
subdivision 5, is amended to read:
Subd. 5. [GUARDIAN AD LITEM FEES.] (a) In proceedings in
which the court appoints a guardian ad litem pursuant to section
260.155, subdivision 4, clause (a), the court may inquire into
the ability of the parents to pay for the guardian ad litem's
services and, after giving the parents a reasonable opportunity
to be heard, may order the parents to pay guardian fees.
(b) In each fiscal year, the state treasurer shall deposit
guardian ad litem reimbursements in the general fund and credit
them to a separate account with the trial courts. The balance
of this account is appropriated to the trial courts and does not
cancel but is available until expended. Expenditures by the
state court administrator's office from this account must be
based on the amount of the guardian ad litem reimbursements
received by the state from the courts in each judicial district.
Sec. 24. Minnesota Statutes 1998, section 260.56, is
amended to read:
260.56 [COUNSEL OR GUARDIAN AD LITEM FOR JUVENILE, FEES.]
Any judge of this state who appoints counsel or a guardian
ad litem pursuant to the provisions of the Interstate Compact on
Juveniles may allow a reasonable fee to be paid by the county on
order of the court. The costs of the counsel must be paid by
the county and the cost of the guardian ad litem, if any, must
be paid by the state courts, except that the costs of counsel to
a guardian ad litem in the eighth judicial district shall be
paid by the state courts until the recommendations of the task
force created in section 42 are implemented.
Sec. 25. Minnesota Statutes 1998, section 466.01,
subdivision 6, is amended to read:
Subd. 6. [EMPLOYEE, OFFICER, OR AGENT.] For the purposes
of sections 466.01 to 466.15, "employee," "officer," or "agent"
means a present or former employee, officer, or agent of a
municipality, or other person acting on behalf of the
municipality in an official capacity, temporarily or
permanently, with or without compensation, but does not include
an independent contractor other than a nonprofit firefighting
corporation that has associated with it a relief association as
defined in section 424A.001, subdivision 4. "Employee" includes
court administrators who are not under section 480.181,
subdivision 1, paragraph (b), and their staff under chapter 485,
district administration staff in the second and fourth judicial
districts, guardians ad litem, and other employees within the
court system whose salaries are paid by the county, other than
employees who remain on the county payroll under section
480.181, subdivision 2.
Sec. 26. Minnesota Statutes 1998, section 480.181,
subdivision 1, is amended to read:
Subdivision 1. [STATE EMPLOYEES; COMPENSATION.] (a)
District court referees, judicial officers, court reporters, law
clerks, and district administration staff, other than district
administration staff in the second and fourth judicial
districts, guardian ad litem program coordinators and staff, and
other court employees under paragraph (b), are state employees
and are governed by the judicial branch personnel rules adopted
by the supreme court. The supreme court, in consultation with
the conference of chief judges, shall establish the salary range
of these employees under the judicial branch personnel rules.
In establishing the salary ranges, the supreme court shall
consider differences in the cost of living in different areas of
the state.
(b) The court administrator and employees of the court
administrator who are in the fifth, seventh, eighth, or ninth
judicial district are state employees.
Sec. 27. [480.182] [STATE ASSUMPTION OF CERTAIN COURT
COSTS.]
(a) Notwithstanding any law to the contrary, the state
courts will pay for the following court-related programs and
costs:
(1) court interpreter program costs;
(2) guardian ad litem program and personnel costs;
(3) examination costs, not including hospitalization or
treatment costs, for mental commitments and related proceedings
under chapter 253B;
(4) examination costs under rule 20 of the Rules of
Criminal Procedure;
(5) in forma pauperis costs;
(6) costs for transcripts mandated by statute, except in
appeal cases and postconviction cases handled by the board of
public defense; and
(7) jury program costs, not including personnel.
(b) In counties in a judicial district under section
480.181, subdivision 1, paragraph (b), the state courts shall
pay the witness fees and mileage fees specified in sections
253B.23, subdivision 1; 260.141, subdivision 2; 260.251,
subdivision 2, clause (a); 357.24; 357.32; 525.012, subdivision
5; and 627.02.
Sec. 28. Minnesota Statutes 1998, section 484.64,
subdivision 3, is amended to read:
Subd. 3. [CHAMBERS AND SUPPLIES.] The board of county
commissioners of Ramsey county shall provide suitable chambers
and courtroom space, clerks, bailiffs, and other personnel to
assist said judge, together with necessary library, supplies,
stationery and other expenses necessary thereto. The state
shall provide referees, court reporters, and law clerks, and
guardian ad litem program coordinators and staff.
Sec. 29. Minnesota Statutes 1998, section 484.65,
subdivision 3, is amended to read:
Subd. 3. [SPACE; PERSONNEL; SUPPLIES.] The board of county
commissioners of Hennepin county shall provide suitable chambers
and courtroom space, clerks, bailiffs, and other personnel to
assist said judge, together with necessary library, supplies,
stationery and other expenses necessary thereto. The state
shall provide referees, court reporters, and law clerks, and
guardian ad litem program coordinators and staff.
Sec. 30. Minnesota Statutes 1998, section 485.018,
subdivision 2, is amended to read:
Subd. 2. [SET BY BOARD.] Except in counties in a judicial
district under section 480.181, subdivision 1, paragraph (b),
the county board of each of the counties specified in
subdivision 1 annually shall set by resolution the salary of the
court administrator of district court which shall be paid to the
court administrator of district court at such intervals as the
board shall determine but not less often than once each month.
At the January meeting the board shall set by resolution the
minimum salary to be paid the court administrator of district
court for the term next following. In the event a vacancy
occurs in the office of the court administrator of district
court the board may set the annual salary for the remainder of
the calendar year at an amount less than was set for that year.
The board in any case specified in this subdivision may not set
the annual salary at an amount less than the minimums provided
in subdivision 1 but it may set the salary in excess of such
minimums. The salary of the court administrator of district
court shall not be reduced during the term for which the court
administrator is appointed.
In the event that duties are assigned to the court
administrator of district court which are in addition to the
court administrator's duties as court administrator, additional
compensation may be provided for the additional duties. The
county board by resolution shall determine the additional
compensation which shall be paid and specify the duties for
which the additional compensation is to be paid.
Sec. 31. Minnesota Statutes 1998, section 485.018,
subdivision 6, is amended to read:
Subd. 6. [BUDGET FOR OFFICE.] Except in counties in a
judicial district under section 480.181, subdivision 1,
paragraph (b), the county board by resolution shall provide the
budget for (1) the salaries of deputies, court administrators
and other employees in the office of the court administrator of
district court; (2) other expenses necessary in the performance
of the duties of said office and (3) the payment of premiums of
any bonds required of the court administrator of district court
or any deputy, court administrator or employee in said office
and the board is authorized to appropriate funds therefor and
for the salary of the court administrator of district court.
Sec. 32. Minnesota Statutes 1998, section 485.03, is
amended to read:
485.03 [DEPUTIES.]
(a) The county board shall determine the number of
permanent full time deputies, clerks and other employees in the
office of the court administrator of district court and shall
fix the compensation for each position. The county board shall
also budget for temporary deputies and other employees and shall
fix their rates of compensation. This paragraph does not apply
to a county in a judicial district under section 480.181,
subdivision 1, paragraph (b).
(b) The court administrator shall appoint in writing the
deputies and other employees, for whose acts the court
administrator shall be responsible, and whom the court
administrator may remove at pleasure. Before each enters upon
official duties, the appointment and oath of each shall be filed
with the county recorder.
Sec. 33. Minnesota Statutes 1998, section 485.27, is
amended to read:
485.27 [DUTIES; ASSIGNMENT.]
The court administrator, with approval of the county board
of commissioners, may transfer to the county board of
commissioners duties of the court administrator relating to
vital statistics under sections 144.211 to 144.227, to notaries
public under section 359.061, to hospital liens under sections
514.69 and 514.70, and to marriage licenses under chapter 517.
The county board of commissioners shall assign these duties to
the appropriate county department. In the event of full state
funding of all the court administrator's offices in the state a
judicial district, the functions shall become county
functions in that judicial district.
Sec. 34. Minnesota Statutes 1998, section 487.10,
subdivision 4, is amended to read:
Subd. 4. Except in a county in a judicial district under
section 480.181, subdivision 1, paragraph (b), the county board
shall determine the number of permanent full time deputies,
clerks and other employees in the office of the clerk of county
court and shall fix the compensation for each position. The
county board shall also budget for temporary deputies and other
employees and shall fix their rates of compensation. The clerk
shall appoint in writing the deputies and other employees for
whose acts the clerk shall be responsible, and whom the clerk
may remove at pleasure. Before entering upon official duties,
the appointment and oath of each such employee shall be filed
with the county recorder.
Sec. 35. Minnesota Statutes 1998, section 518.165,
subdivision 3, is amended to read:
Subd. 3. [FEES.] (a) A guardian ad litem appointed under
either subdivision 1 or 2 may be appointed either as a volunteer
or on a fee basis. If a guardian ad litem is appointed on a fee
basis, the court shall enter an order for costs, fees, and
disbursements in favor of the child's guardian ad litem. The
order may be made against either or both parties, except that
any part of the costs, fees, or disbursements which the court
finds the parties are incapable of paying shall be borne by the
county in which the proceeding is being held state courts. The
costs of court-appointed counsel to the guardian ad litem shall
be paid by the county in which the proceeding is being held if a
party is incapable of paying for them. Until the
recommendations of the task force created in section 42 are
implemented, the costs of court-appointed counsel to a guardian
ad litem in the eighth judicial district shall be paid by the
state courts if a party is incapable of paying for them. In no
event may the court order that costs, fees, or disbursements be
paid by a party receiving public assistance or legal assistance
or by a party whose annual income falls below the poverty line
as established under United States Code, title 42, section
9902(2).
(b) In each fiscal year, the state treasurer shall deposit
guardian ad litem reimbursements in the general fund and credit
them to a separate account with the trial courts. The balance
of this account is appropriated to the trial courts and does not
cancel but is available until expended. Expenditures by the
state court administrator's office from this account must be
based on the amount of the guardian ad litem reimbursements
received by the state from the courts in each judicial district.
Sec. 36. Minnesota Statutes 1998, section 546.13, is
amended to read:
546.13 [SICKNESS OF JUROR; FOOD AND LODGING.]
If a juror becomes sick or otherwise unable to perform
duty, the court may discharge the juror. In that case, unless
the parties consent to accept the verdict of the remaining
jurors, another may be sworn in place of the discharged juror
and the trial begun anew, or the jury may be discharged and
another then or afterward impaneled. If the court, while a jury
is kept together, shall order that they be provided with food
and lodging, the sheriff shall furnish the same at the expense
of the county state courts.
Sec. 37. Minnesota Statutes 1998, section 546.44,
subdivision 3, is amended to read:
Subd. 3. The fees and expenses of a qualified interpreter
shall be determined by the presiding official and paid by the
court, board, commission, agency or licensing authority before
whom the proceeding is taking place. The fees and expenses of a
qualified per diem interpreter for a court must be paid by the
state courts.
Sec. 38. Minnesota Statutes 1998, section 563.01,
subdivision 2, is amended to read:
Subd. 2. Whenever pursuant to this section the court
directs expenses to be paid, the expenses shall be paid by the
proper governing body in the same manner as other claims are
paid state.
Sec. 39. Minnesota Statutes 1998, section 563.01,
subdivision 9, is amended to read:
Subd. 9. Upon motion, the court may rescind its permission
to proceed in forma pauperis if it finds the allegations of
poverty contained in the affidavit are untrue, or if, following
commencement of the action, the party becomes able to pay the
fees, costs and security for the costs. In such cases, the
court may direct the party to pay to the court administrator any
costs allowing the action to proceed. The court administrator
shall transmit the costs to the state treasurer for deposit in
the state treasury and credit them to the general fund.
Sec. 40. Minnesota Statutes 1998, section 563.01,
subdivision 10, is amended to read:
Subd. 10. Judgment may be rendered for costs at the
conclusion of the action as in other cases. In the event any
person recovers moneys by either settlement or judgment as a
result of commencing or defending an action in forma pauperis,
the costs deferred and the expenses directed by the court to be
paid under this section shall be included in such moneys and
shall be paid directly to the court administrator by the
opposing party. The court administrator shall transmit the
costs to the state treasurer for deposit in the state treasury
and credit them to the general fund.
Sec. 41. Minnesota Statutes 1998, section 611.33,
subdivision 3, is amended to read:
Subd. 3. The fees and expenses of a qualified interpreter
shall be fixed and ordered paid by the presiding official before
whom the proceeding is taking place out of the general revenue
fund of the county in which the proceeding occurs. The fees and
expenses must be paid by the state courts. Payment for any
activities requiring interpreter services on behalf of law
enforcement, the board of public defense, prosecutors, or
corrections agents other than court appearances is the
responsibility of the agency that requested the services.
Sec. 42. [STUDY OF SYSTEM FOR FUNDING AND ADMINISTRATION
OF COURT-APPOINTED ATTORNEYS.]
Subdivision 1. [TASK FORCE; GOALS.] The supreme court is
requested to establish a task force to study and make
recommendations regarding a system for funding and administering
court-appointed attorney functions in civil cases, including
attorneys and related personnel for civil commitments and
proceedings under Minnesota Statutes, chapter 253B, child
protection cases, paternity cases, guardianship or
conservatorship cases, and other civil proceedings where
indigent persons are entitled to court-appointed counsel. The
goal of the task force is to design a system that is independent
from court and county administration and funding and that
promotes equal access to justice and equal representation for
indigent persons across the state.
Subd. 2. [RECOMMENDATIONS; REPORT.] (a) The task force
shall consider options that address the goals in subdivision 1,
including:
(1) creation of an independent court-appointed attorney
board to manage civil court-appointed attorney functions; and
(2) other options identified by the task force.
(b) The supreme court is requested to report to the
legislature by January 15, 2001, with the report and
recommendations of the task force. The supreme court is
requested to disband the task force January 15, 2001.
Sec. 43. [TRANSITIONAL PROVISIONS.]
Subdivision 1. [HIRING AND SALARY MORATORIUM.] A county
may not increase the number of employees in the county in a
position that is being transferred to state employment under
this article without approval of the supreme court, unless the
increase was authorized before January 1, 1999. A county may
not increase the salaries of these employees without approval of
the supreme court, unless the increase is made under a plan
adopted before January 1, 1999.
Subd. 2. [TRANSFER OF PROPERTY.] The title to all personal
property that is used by employees being transferred to state
employment under this article in the scope of their employment
is transferred to the state when they become state employees.
Subd. 3. [RULES.] The supreme court, in consultation with
the conference of chief judges, may adopt rules to implement
this article.
Subd. 4. [BUDGETS.] Notwithstanding any law to the
contrary, the fiscal year 2000 budgets for the court
administrators' offices being transferred to state employment
under this article, including the number of complement positions
and salaries, must be submitted by the court administrators to
the supreme court. The budgets must include the current levels
of funding and positions at the time of submission as well as
any requests for increases in funding and positions.
Sec. 44. [PLAN FOR STATE ASSUMPTION OF COURT
ADMINISTRATION COSTS.]
The supreme court, in consultation with the conference of
chief judges, is requested to prepare a plan for state
assumption of court administration costs in every judicial
district. The plan should include a timetable that provides for
statewide assumption of court administration costs by July 1,
2003. In addition, the plan should include consideration of
unique geographical concerns that may be addressed by
collaboration with county boards. The supreme court is
requested to report to the legislature with the results of the
plan by December 15, 2000.
Sec. 45. [REPEALER.]
Minnesota Statutes 1998, sections 357.021, subdivision 2a;
and 563.01, subdivision 1, are repealed.
Sec. 46. [EFFECTIVE DATES.]
Subdivision 1. [STATE TAKEOVER OF COURT ADMINISTRATION AND
RELATED COSTS.] The provisions of this article continuing the
state takeover of court administration costs in the eighth
judicial district are effective January 1, 2000. The other
provisions of this article relating to the state takeover of
court administration costs in the fifth, seventh, and ninth
judicial districts are effective July 1, 2000.
Subd. 2. [JURY AND COURT REPORTER TRANSCRIPT COSTS.] The
provisions of this article relating to the state takeover of
miscellaneous court reporter transcript and jury costs are
effective July 1, 2000.
Subd. 3. [MISCELLANEOUS COST.] The provisions of sections
1, 2, and 18 to 45, relating to the state takeover of court
interpreter costs, guardian ad litem costs, rule 20 and mental
commitment examination costs, and in forma pauperis costs are
effective January 1, 2000, in the eighth judicial district; July
1, 2000, in the fifth, seventh, and ninth judicial districts;
and July 1, 2001, in the remaining judicial districts.
Subd. 4. [EFFECTIVE DATE CONTINGENCY.] Notwithstanding
subdivisions 1 to 3, sections 1 to 11, 13 to 16, and 18 to 45 do
not take effect unless an appropriation and off-setting state
aids and fine transfers specified in the 1999 omnibus tax bill
take effect in fiscal year 2001.
Subd. 5. [BOARD OF PUBLIC DEFENSE AND SUPREME COURT PLAN.]
Sections 12, 17, and 44 are effective the day following final
enactment.
Presented to the governor May 21, 1999
Signed by the governor May 25, 1999, 4:20 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes