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                            CHAPTER 408-S.F.No. 2856 
                  An act relating to criminal justice; crime prevention; 
                  appropriating money for the judicial branch, public 
                  safety, corrections, criminal justice, crime 
                  prevention programs, and other related purposes; 
                  providing for community notification of the release of 
                  certain sex offenders, expanding the sex offender 
                  registration act; implementing, clarifying, and 
                  modifying certain criminal and juvenile provisions; 
                  prescribing, clarifying, and modifying certain penalty 
                  provisions; establishing and expanding pilot programs, 
                  grant programs, task forces, committees, and studies; 
                  providing for the retention of consultants; limiting 
                  expungement of certain criminal records and providing 
                  an expungement process; reconciling various provisions 
                  on criminal history background checks; prohibiting use 
                  of deadly force against peace officers under certain 
                  circumstances; amending Minnesota Statutes 1994, 
                  sections 2.724, subdivision 3; 13.99, subdivision 53a; 
                  144A.46, subdivision 5; 152.02, subdivision 2; 168.36, 
                  by adding a subdivision; 169.09, subdivision 14; 
                  169.791, subdivisions 2a, 3, and 4; 169.792, 
                  subdivisions 1, 2, 3, 5, and 6; 181.9412; 241.275; 
                  242.31, subdivision 2; 244.09, subdivision 5; 244.10, 
                  by adding a subdivision; 244.17, subdivision 2; 
                  244.172, subdivision 2; 260.141, by adding a 
                  subdivision; 260.145; 260.161, subdivision 1a; 
                  260.171, subdivision 2; 260.281; 260.301; 260.311, 
                  subdivision 3a; 268.30, subdivision 2; 299A.35, as 
                  amended; 299C.13; 352.90; 352.91, subdivisions 1, 2, 
                  3b, 4, and by adding subdivisions; 352.92, subdivision 
                  2; 401.10; 490.15, by adding a subdivision; 609.035, 
                  subdivision 1, and by adding a subdivision; 609.06; 
                  609.11, subdivisions 5 and 9; 609.135, subdivision 1; 
                  609.165, subdivision 1b; 609.21, subdivisions 1, 2, 
                  2a, 3, and 4; 609.2231, subdivision 2, and by adding a 
                  subdivision; 609.224, subdivision 4; 609.3451, by 
                  adding a subdivision; 609.487, by adding a 
                  subdivision; 609.52, subdivision 2; 609.5316, 
                  subdivision 3; 609.583; 609.596; 609.611; 609.66, 
                  subdivision 1a; 609.666, subdivision 1; 609.749, by 
                  adding a subdivision; 609.855, subdivision 5; 611.271; 
                  611A.04, subdivisions 1a and 3; 611A.25, subdivision 
                  3; 611A.361, subdivision 3; and 624.713, subdivision 
                  2; Minnesota Statutes 1995 Supplement, sections 
                  16B.181; 144.057, subdivisions 1, 3, and 4; 152.18, 
                  subdivision 1; 242.31, subdivision 1; 243.166, 
                  subdivisions 1 and 7; 243.212; 245A.04, subdivision 3; 
                  256.045, subdivision 3; 260.015, subdivision 21; 
                  260.132, subdivision 3a; 260.155, subdivision 2; 
                  260.195, subdivision 2a; 299A.326, subdivision 1; 
                  299C.10, subdivision 1; 299C.11; 299C.67, subdivision 
                  5; 299C.68, subdivisions 2, 5, and 6; 481.01; 518B.01, 
                  subdivision 14; 609.10; 609.125; 609.152, subdivision 
                  1; 609.19; 609.20; 609.224, subdivision 2; 609.2325, 
                  subdivision 3; 609.3451, subdivision 1; 609.485, 
                  subdivisions 2 and 4; 609.52, subdivision 1; 611A.01; 
                  611A.04, subdivision 1; 617.23; 624.712, subdivision 
                  5; and 641.15, subdivision 2; Laws 1991, chapter 271, 
                  section 9; Laws 1995, chapter 229; article 3, section 
                  17; proposing coding for new law in Minnesota 
                  Statutes, chapters 15; 168A; 171; 241; 243; 244; 299A; 
                  609; and 611A; proposing coding for new law as 
                  Minnesota Statutes, chapter 609A; repealing Minnesota 
                  Statutes 1994, sections 152.18, subdivision 2; 242.31, 
                  subdivision 3; 260.141, subdivision 1; 299A.60; 
                  352.91, subdivision 3; 609.166; 609.167; 609.168; and 
                  609.495, subdivision 2. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
                                   ARTICLE 1 
                                 APPROPRIATIONS 
        Section 1.  [CRIMINAL JUSTICE APPROPRIATIONS.] 
           The sums shown in the columns marked "APPROPRIATIONS" are 
        appropriated from the general fund, or another fund named, to 
        the agencies and for the purposes specified in this article, to 
        be available for the fiscal years indicated for each purpose.  
        The figures "1996" and "1997," where used in this article, mean 
        that the appropriation or appropriations listed under them are 
        available for the year ending June 30, 1996, or June 30, 1997, 
        respectively. 
                                SUMMARY BY FUND
                                  1996          1997           TOTAL
        General            $      764,000 $   16,539,000 $   17,303,000
        Special Revenue           -0-            984,000        984,000
        Trunk Highway              19,000        -0-             19,000
        TOTAL              $      783,000 $   17,523,000 $   18,306,000
                                                   APPROPRIATIONS 
                                               Available for the Year 
                                                   Ending June 30 
                                                  1996         1997 
        Sec. 2.  SUPREME COURT       $       -0-     $      350,000 
        $350,000 is a one-time appropriation 
        for civil legal services to low-income 
        clients.  
        The conference of chief judges and 
        board of public defense are requested 
        to study ways to improve court 
        appearance scheduling to maximize use 
        of public defenders and minimize 
        travel.  The state court administrator 
        is requested to report recommendations 
        by January 15, 1997, to the committees 
        on judiciary and judiciary finance in 
        the house of representatives and the 
        committee on crime prevention in the 
        senate. 
        Sec. 3.  BOARD OF JUDICIAL
        STANDARDS                                100,000        -0-    
        This is a one-time appropriation. 
        Sec. 4.  PUBLIC SAFETY                                      
        Subdivision 1.  Total
        Appropriation                            683,000      7,040,000
                      Summary by Fund
                                1996          1997
        General                 664,000     7,040,000
        Trunk Highway            19,000       -0-     
        $4,660,000 is a one-time appropriation 
        for the purposes specified in this 
        paragraph.  Of this amount, 54.5 
        percent is for grants to hire new peace 
        officers under Minnesota Statutes, 
        section 299A.62; 21.5 percent is for 
        grants to fund overtime for law 
        enforcement officers under Minnesota 
        Statutes, section 299A.62; 13 percent 
        is for weed and seed grants; and 11 
        percent is for grants to local law 
        enforcement agencies for law 
        enforcement officers assigned to 
        schools as school liaison officers.  
        The school liaison officer grants may 
        be used to expand the assignment of law 
        enforcement officers to middle schools, 
        junior high schools, and high schools.  
        The amount of the state grant must be 
        matched by at least an equal amount of 
        money from nonstate sources and may not 
        exceed $250,000 for a single grant. 
        Subd. 2.  Emergency Management  
               483,000         30,000
                      Summary by Fund
        General                   464,000        30,000
        Trunk Highway              19,000           -0-
        $464,000 from the general fund the 
        first year and $30,000 the second year 
        are for program administration and 
        disaster relief for wind damage 
        resulting from storms occurring in the 
        summer of 1995. 
        $19,000 from the trunk highway fund the 
        first year is for program 
        administration and disaster relief for 
        wind damage resulting from storms 
        occurring in the summer of 1995. 
        Subd. 3.  Criminal Apprehension  
               -0-            500,000
        $450,000 is for four forensic 
        scientists for enhanced laboratory 
        services and four special agents. 
        $50,000 is a one-time appropriation for 
        grants from the witness and victim 
        protection fund described in Minnesota 
        Statutes, section 299C.065, subdivision 
        1a.  
        $20,000 of the fiscal year 1997 
        appropriation for the school-related 
        crime telephone line under Minnesota 
        Statutes, section 299A.60, shall be 
        transferred to be used for the 
        antiviolence advertising campaign 
        authorized in article 2. 
        The superintendent of the bureau of 
        criminal apprehension shall convene a 
        workgroup to study and make 
        recommendations on criminal justice 
        information access and retention issues 
        including processes on expungement, 
        correction of inaccurate records, 
        destruction of records, and other 
        matters relating to the privacy 
        interests of individuals.  The 
        workgroup shall also address 
        noncriminal justice agency access to 
        records. 
        The workgroup shall include 
        representatives of the criminal and 
        juvenile justice information policy 
        group and task force, the supreme court 
        implementation committee on diversity 
        and racial fairness, the department of 
        human services, the department of 
        administration, law enforcement, 
        prosecuting authorities, public 
        defenders, one member of each caucus in 
        each house, and interest and advocacy 
        groups. 
        The workgroup shall report to the 
        committee on crime prevention in the 
        senate and the committees on judiciary 
        and judiciary finance in the house of 
        representatives by January 15, 1997. 
        Subd. 4.  Drug Policy and Violence Prevention
               200,000      1,850,000
        $1,775,000 is a one-time appropriation 
        for community crime reduction grants 
        under Minnesota Statutes, section 
        299A.35.  Up to five percent of this 
        appropriation may be used for 
        administration and evaluation of the 
        programs funded by this appropriation. 
        $75,000 is a one-time appropriation to 
        fund the higher education center on 
        violence and abuse under Minnesota 
        Statutes, section 135A.153. 
        $200,000 is a one-time appropriation 
        for a grant to the Council on Black 
        Minnesotans to fund the Martin Luther 
        King, Jr. nonviolent institutional 
        child development pilot program.  This 
        sum is available the day following 
        final enactment and is available until 
        June 30, 1997. 
        Sec. 5.  BOARD OF PUBLIC
        DEFENSE                                  -0-             50,000
        This amount is to the office of the 
        state public defender to implement 
        community notification for sex 
        offenders.  This amount shall be 
        annualized and added to the base budget 
        of the office of the state public 
        defender for the 1998-1999 biennium. 
        Of the amount appropriated to the board 
        of public defense in Laws 1995, chapter 
        226, article 1, section 10, subdivision 
        3, up to $100,000 in fiscal year 1996 
        and up to $100,000 in fiscal year 1997 
        may be used by the board for the 
        operation of its management information 
        system and administration.  This 
        transfer is effective the day following 
        final enactment. 
        Sec. 6.  CORRECTIONS
        Subdivision 1.  Total Appropriation      -0-          7,069,000
        The amounts that may be spent from this 
        appropriation for each program are 
        specified in the following subdivisions.
        During the biennium ending June 30, 
        1997, whenever offenders are assigned 
        for the purpose of work under agreement 
        with a state department or agency, 
        local unit of government, or other 
        government subdivision, the state 
        department or agency, local unit of 
        government, or other governmental 
        subdivision must certify in writing to 
        the appropriate bargaining agent that 
        the work performed by inmates will not 
        result in the displacement of currently 
        employed workers or workers on seasonal 
        layoff, including partial displacement 
        such as reduction in hours of 
        nonovertime work, wages, or other 
        employment benefits. 
        The commissioner shall attempt to 
        maximize the use of inmate labor 
        throughout the state by entering into 
        negotiations and agreements, where 
        feasible. 
        Subd. 2.  Structural Deficiency
        $6,000,000 is to maintain the current 
        operations of the department's 
        correctional facilities and community 
        services programs. 
        Subd. 3.  Correctional 
        Institutions  
               -0-            345,000
        $345,000 is to fund the additional 
        employer contributions associated with 
        changes in the membership of the 
        correctional employees retirement plan. 
        The copayment required under Minnesota 
        Statutes, section 243.212, is $3 and 
        must be assessed each time medical, 
        dental, or mental health care services 
        are provided to an inmate at the 
        initiation of an inmate.  The copayment 
        must be deducted from an inmate's 
        account of earnings and other funds as 
        provided under Minnesota Statutes, 
        section 243.23, subdivision 3.  If the 
        funds in an inmate's account are 
        insufficient to pay a copayment 
        incurred, the copayment shall be a debt 
        against the account, and paid when 
        funds are available. 
        The commissioner shall develop a policy 
        to implement the smoking prohibition 
        under Minnesota Statutes, section 
        243.555.  In developing the policy, the 
        commissioner shall meet and confer with 
        representatives of bargaining units to 
        address employee concerns including, 
        but not limited to, employee education 
        on the smoking prohibition, control of 
        tobacco and tobacco-related devices as 
        contraband, and employee discipline and 
        grievance procedures related to the 
        smoking prohibition. 
        The commissioner shall enter into a 
        contract with a nonprofit correctional 
        facility to house at least 200 inmates 
        at the facility by April 1, 1997, if 
        the cost does not exceed $55 per inmate 
        per day.  
        Subd. 4.  Community Services
               -0-            720,000
        $95,000 is a one-time appropriation for 
        grants to aid in the establishment and 
        implementation of family group 
        conferencing programs in Dakota county 
        and the first judicial district. 
        $225,000 is a one-time appropriation to 
        establish and fund pilot programs to 
        provide intensive monitoring in the 
        community for juveniles who have 
        committed or who are at risk to commit 
        status offenses or juvenile acts.  Not 
        more than $12,000 of this appropriation 
        may be used to prepare the required 
        report.  This sum is available until 
        June 30, 1998. 
        $250,000 is a one-time appropriation to 
        fund a collaborative project for 
        at-risk juveniles to be established by 
        the southwest and west central service 
        cooperatives in the Willmar public 
        schools and community in collaboration 
        with the Willmar regional treatment 
        center. 
        $150,000 is to implement community 
        notification for sex offenders. 
        In fiscal year 1997, the commissioner 
        shall distribute money appropriated for 
        state and county probation officer 
        caseload reduction, increased 
        supervised release and probation 
        services, and county probation officer 
        reimbursement according to the formula 
        contained in Minnesota Statutes, 
        section 401.10.  These appropriations 
        may not be used to supplant existing 
        state or county probation officer 
        positions or existing correctional 
        services or programs.  The money 
        appropriated under this provision is 
        intended to reduce state and county 
        probation officer workload overcrowding 
        and to increase supervision of 
        individuals sentenced to probation at 
        the county level.  This increased 
        supervision may be accomplished through 
        a variety of methods, including, but 
        not limited to:  (1) innovative 
        technology services, such as automated 
        probation reporting systems and 
        electronic monitoring; (2) prevention 
        and diversion programs; (3) 
        intergovernmental cooperation 
        agreements between local governments 
        and appropriate community resources; 
        and (4) traditional probation program 
        services. 
        $75,000 of the fiscal year 1997 
        probation caseload reduction 
        appropriation must be transferred to 
        the director of the office of strategic 
        and long-range planning to be used by 
        the criminal justice center for the 
        development of a weighted workload 
        study to be used as a basis of 
        distributing probation officer caseload 
        reduction funding across all three 
        probation delivery systems, based on 
        uniform workload standards and level of 
        risk of individual offenders.  In 
        conducting this study, the center shall 
        consult with an advisory committee 
        appointed for this purpose by the 
        commissioner and consisting of 
        representatives of county 
        commissioners, county corrections 
        professionals, and the department of 
        corrections.  The center also may 
        contract with national experts in the 
        fields of community corrections and 
        probation to conduct or assist in 
        conducting the study.  The center shall 
        submit the study to the legislature by 
        February 1, 1997, and shall include in 
        it an addendum that summarizes the 
        response received from interested 
        community corrections agencies and 
        organizations.  In fiscal year 1998 and 
        each subsequent year, subject to 
        legislative approval, the commissioner 
        shall distribute money appropriated for 
        state and county probation officer 
        caseload reduction according to this 
        weighted workload study. 
        The chairs of the house judiciary 
        finance committee and the senate crime 
        prevention finance division or their 
        designees shall convene a work group to 
        review possible measures of probation 
        officer travel time for inclusion in 
        the community corrections funding 
        formula defined in Minnesota Statutes, 
        section 401.10.  The work group shall 
        complete its review by October 30, 
        1996, and shall present its 
        recommendations to the 1997 legislature.
        Notwithstanding Minnesota Statutes, 
        section 401.10, in fiscal year 1997, 
        the commissioner shall allocate 
        $27,912,000 in community corrections 
        act base funding so that no county 
        receives less money in fiscal year 1997 
        than it received in fiscal year 1995. 
        All money received by the commissioner 
        of corrections pursuant to the domestic 
        abuse assessment fee under Minnesota 
        Statutes, section 609.2244, shall be 
        available for use by the commissioner 
        and is hereby appropriated annually to 
        the commissioner of corrections for 
        costs related to conducting the 
        assessments. 
        Subd. 5.  Management Services  
               -0-              4,000
        $4,000 is a one-time appropriation for 
        the international women's shelter in 
        Rochester, Minnesota for the purpose of 
        researching, preparing, and translating 
        into appropriate languages a brochure 
        on laws concerning violence against 
        women and children, including, but not 
        limited to, laws on domestic abuse, 
        child abuse, and female genital 
        mutilation.  
        Notwithstanding the provisions of Laws 
        1995, chapter 226, article 1, section 
        22, the funds appropriated under Laws 
        1995, chapter 226, article 1, for the 
        fiscal year ending June 30, 1997, to 
        the department of corrections for 
        victim services, the department of 
        public safety for crime victim 
        services, and the supreme court for 
        community dispute resolution are 
        available. 
        The governor shall designate the 
        department of corrections as the state 
        agency authorized to receive and 
        administer any funds made available 
        through the STOP Violence Against Women 
        Formula and Discretionary Grants 
        Program of the United States Department 
        of Justice under Code of Federal 
        Regulations, title 28, chapter 1. 
        Subd. 6.  Spending Cap                                         
        General fund spending by the department 
        of corrections is limited to 
        $614,000,000 in the biennium ending 
        June 30, 1999. 
        The commissioner of corrections shall 
        prepare and submit to the legislature 
        by December 1, 1996, a proposal on how 
        to limit the increase in general fund 
        appropriations to the department of 
        corrections from the 1996-1997 biennium 
        to the 1998-1999 biennium so as not to 
        exceed the spending cap.  The 
        commissioner may also submit 
        alternative proposals to accomplish the 
        same goal.  The proposal or proposals 
        must include the commissioner's 
        recommendations for changes in 
        administration, programming, staffing, 
        and community services. 
        Sec. 7.  HUMAN SERVICES                  -0-            404,000
                      Summary by Fund
                                1996          1997
        General                 -0-           350,000
        Special                 -0-            54,000 
        $250,000 is a one-time appropriation 
        for grants under Minnesota Statutes, 
        section 256F.11.  The grants must 
        assist private and public agencies and 
        organizations to provide crisis 
        nurseries to offer temporary care to 
        children who are abused or neglected, 
        or who are at high risk of abuse or 
        neglect; and children who are in 
        families receiving child protective 
        services. 
        $100,000 is a one-time appropriation 
        for the following purposes:  (1) 
        $35,000 is for a grant to Hennepin 
        county to establish a 
        community-oriented chemical dependency 
        pilot project.  This money is available 
        only upon approval by the governing 
        board of Hennepin county under 
        Minnesota Statutes, section 645.021; 
        and (2) $65,000 is for chemical 
        dependency services for the population 
        served by the pilot project.  By May 1, 
        1997, the commissioner of human 
        services shall determine whether the 
        chemical dependency fund can absorb the 
        cost of the services provided to this 
        population.  If the commissioner 
        determines that the cost can be 
        absorbed or if the additional cost does 
        not exceed $65,000, then the remaining 
        amount of this appropriation shall be 
        transferred to Hennepin county to be 
        used for the pilot project, upon 
        approval by its governing board under 
        Minnesota Statutes, section 645.021. 
        For the fiscal year ending June 30, 
        1997, $54,000 is appropriated from the 
        state government special revenue fund 
        to cover the costs of expanded criminal 
        background checks required by Minnesota 
        Statutes, sections 144.057 and 245A.04, 
        subdivision 3.  The commissioner shall 
        charge fees to recover the cost of the 
        expanded background checks and shall 
        deposit the fees into the state 
        government special revenue fund. 
        Sec. 8.  CHILDREN, FAMILIES,
        AND LEARNING                             -0-            100,000
        $100,000 is a one-time appropriation 
        for violence prevention education 
        grants under Minnesota Statutes, 
        section 126.78.  One hundred percent of 
        this appropriation must be paid 
        according to the process established in 
        Minnesota Statutes, section 124.195, 
        subdivision 9.  Up to five percent of 
        this appropriation may be used for 
        auditing, monitoring, and 
        administration of the programs funded 
        by this appropriation. 
        Sec. 9.  HEALTH                         -0-            310,000
        $250,000 is a one-time appropriation 
        for grants under Minnesota Statutes, 
        section 145A.15.  The grants must fund 
        projects designed to prevent child 
        abuse and neglect and reduce juvenile 
        delinquency. 
        $30,000 is a one-time appropriation for 
        a grant to the institute for child and 
        adolescent sexual health for early age 
        treatment programs for those children 
        exhibiting sexual aggression who have 
        not been adjudicated delinquent.  
        "Early age" means an individual who is 
        at least eight years of age but less 
        than 11 years of age. 
        $30,000 is a one-time appropriation for 
        a grant to the institute for child and 
        adolescent sexual health to identify 
        and provide leadership in resolving 
        gaps and obstacles in the delivery of 
        services to those children affected by 
        sexual aggression by establishing a 
        recognized network between individuals 
        who work with sexual abusers, victims 
        of sexual aggression, and individuals 
        who provide prevention oriented 
        education including, but not limited 
        to, the following groups:  corrections, 
        treatment facilities, the medical 
        community, schools, academia, 
        communities of faith, communities of 
        color, and other invested individuals, 
        families, and groups. 
        Sec. 10.  ECONOMIC SECURITY              -0-            580,000
        $240,000 is a one-time appropriation 
        for grants to youth intervention 
        programs under Minnesota Statutes, 
        section 268.30.  One-half of the 
        appropriation shall be used for grants 
        to programs operating within the 
        seven-county metropolitan area and 
        one-half of the appropriation shall be 
        used for programs operating outside of 
        the seven-county metropolitan area.  
        $340,000 is a one-time appropriation 
        for grants to cities of the first class 
        and counties containing cities of the 
        first class that demonstrate a need for 
        creating and expanding curfew 
        enforcement, truancy prevention, and 
        pretrial diversion programs.  Programs 
        funded under this provision must have 
        clearly established neighborhood, 
        community, and family measures of 
        success and must report to the 
        commissioner on the achievement of 
        these outcomes on or before June 30, 
        1997. 
        Sec. 11.  ADMINISTRATION                 -0-            350,000
        $218,000 is to conduct a systemwide 
        evaluation of corrections in the state. 
        $132,000 is to retain a consultant to 
        evaluate the operation of prison 
        industries in the state. 
        Sec. 12.  AUTOMOBILE THEFT
        PREVENTION BOARD                         -0-            930,000
        $930,000 from the special revenue fund 
        is for program administration and 
        vehicle theft prevention activities 
        under Minnesota Statutes, section 
        168A.40. 
        Sec. 13.  ATTORNEY GENERAL               -0-            340,000
        $200,000 is for psychopathic 
        personality and sexually dangerous 
        person proceedings. 
        $140,000 is to implement community 
        notification for sex offenders. 
                                   ARTICLE 2 
                 CRIME PREVENTION AND COMMUNITY SAFETY PROGRAMS 
           Section 1.  [168A.40] [AUTOMOBILE THEFT PREVENTION 
        PROGRAM.] 
           Subdivision 1.  [BOARD MEMBERSHIP.] An automobile theft 
        prevention board consists of seven members appointed by the 
        governor and shall include representatives of law enforcement, 
        prosecuting attorneys, the department of public safety, 
        automobile insurers, and the public.  The board shall annually 
        elect a chair from among its members.  The board may employ 
        professional, technical, consulting, and clerical service 
        staff.  The board is governed by section 15.0575 except that the 
        terms of the members are two years.  The commissioner of public 
        safety shall provide office space and administrative support to 
        the board. 
           Subd. 2.  [PROGRAM DUTIES.] The automobile theft prevention 
        board shall: 
           (1) develop and sponsor the implementation of statewide 
        plans, programs, and strategies to combat automobile theft, 
        improve the administration of the automobile theft laws, and 
        provide a forum for identification of critical problems for 
        those persons dealing with automobile theft; 
           (2) coordinate the development, adoption, and 
        implementation of plans, programs, and strategies relating to 
        interagency and intergovernmental cooperation with respect to 
        automobile theft enforcement; 
           (3) audit at its own discretion the plans and programs that 
        it has funded in whole or in part to evaluate the effectiveness 
        of the plans and programs, and withdraw funding should the board 
        determine that a plan or program is ineffective or is no longer 
        in need of further financial support from the fund; 
           (4) develop a plan of operation including an assessment of 
        the scope of the problem of automobile theft, including areas of 
        the state where the problem is greatest; an analysis of various 
        methods of combating the problem of automobile theft; a plan for 
        providing financial support to combat automobile theft; a plan 
        for eliminating car hijacking; and an estimate of the funds 
        required to implement the plan; and 
           (5) distribute money from the automobile theft prevention 
        special revenue account for automobile theft prevention 
        activities, including: 
           (i) paying the administrative costs of the board; 
           (ii) providing financial support to the state patrol and 
        local law enforcement agencies for automobile theft enforcement 
        teams; 
           (iii) providing financial support to state or local law 
        enforcement agencies for programs designed to reduce the 
        incidence of automobile theft; 
           (iv) providing financial support to local prosecutors for 
        programs designed to reduce the incidence of automobile theft; 
           (v) providing financial support to judicial agencies for 
        programs designed to reduce the incidence of automobile theft; 
           (vi) providing financial support for neighborhood or 
        community organizations or business organizations for programs 
        designed to reduce the incidence of automobile theft; 
           (vii) providing financial support for automobile theft 
        educational and training programs for state and local law 
        enforcement officials, driver and vehicle services exam and 
        inspections staff, and members of the judiciary; and 
           (viii) conducting educational programs designed to inform 
        automobile owners of methods of preventing automobile theft and 
        to provide equipment, for experimental purposes, to enable 
        automobile owners to prevent automobile theft. 
           By January 15 of each year, the board shall report to the 
        governor and legislature on its activities and expenditures in 
        the preceding year. 
           Subd. 3.  [SURCHARGE.] Each insurer engaged in the writing 
        of policies of automobile insurance shall collect a surcharge, 
        at the rate of 50 cents per vehicle for every six months of 
        coverage, on each policy of automobile insurance providing 
        comprehensive insurance coverage issued or renewed in this 
        state.  The surcharge may not be considered premium for any 
        purpose, including the computation of premium tax or agents' 
        commissions.  The amount of the surcharge must be separately 
        stated on either a billing or policy declaration sent to an 
        insured.  Insurers shall remit the revenue derived from this 
        surcharge at least quarterly to the board for purposes of the 
        automobile theft prevention program.  For purposes of this 
        subdivision, "policy of automobile insurance" has the meaning 
        given it in section 65B.14, except that no vehicle with a gross 
        vehicle weight in excess of 10,000 pounds is included within 
        this definition. 
           Subd. 4.  [AUTOMOBILE THEFT PREVENTION ACCOUNT.] A special 
        revenue account is created in the state treasury to be credited 
        with the proceeds of the surcharge imposed under subdivision 3.  
        Revenue in the account may be used only for the automobile theft 
        prevention program.  The board may not spend in any fiscal year 
        more than ten percent of the money in the fund for its 
        administrative and operating costs.  
           Sec. 2.  Minnesota Statutes 1994, section 268.30, 
        subdivision 2, is amended to read: 
           Subd. 2.  [APPLICATIONS.] Applications for a grant-in-aid 
        shall be made by the administering agency to the commissioner.  
        The grant-in-aid is contingent upon the agency having obtained 
        from the community in which the youth intervention program is 
        established local matching money two times the amount of the 
        grant that is sought. 
           The commissioner shall provide by rule the application 
        form, procedures for making application form, criteria for 
        review of the application, and kinds of contributions in 
        addition to cash that qualify as local matching money.  No grant 
        to any agency shall may exceed $25,000 $50,000. 
           Sec. 3.  [SAFE HOUSE PROGRAM IN FERGUS FALLS.] 
           Notwithstanding section 299A.28, another similar safe house 
        program, primarily focusing on the safety and protection of 
        children, may be developed and operate in the city of Fergus 
        Falls if the program members have completed a criminal 
        background check satisfactory to the Fergus Falls police 
        department.  However, the commissioner of public safety is not 
        required to perform the duties listed under 299A.28, subdivision 
        2, with respect to the program in Fergus Falls and is not 
        accountable or liable for any act or failure to act by a member 
        of that program. 
           Sec. 4.  Minnesota Statutes 1995 Supplement, section 
        299A.326, subdivision 1, is amended to read: 
           Subdivision 1.  [ESTABLISHMENT; REQUIREMENTS.] The 
        commissioner of public safety may establish up to three pilot 
        projects at neighborhood centers serving youths between the ages 
        of 11 to 21.  The centers may offer recreational activities, 
        social services, meals, job skills and career services, and 
        provide referrals for youths to other available services outside 
        the centers.  The commissioner may consult with other 
        appropriate agencies and, to the extent possible, use existing 
        resources and staff in creating the programs.  The commissioner 
        shall ensure that the programs, if offered, are adequately 
        staffed by specially trained personnel and outreach street 
        workers.  Each center may integrate community volunteers into 
        the program's activities and services and cooperate with local 
        law enforcement agencies.  The centers must be open during hours 
        convenient to youths including evenings, weekends, and extended 
        summer hours.  However, there may not be any conflicts with 
        truancy laws.  Each center must have a plan for evaluation 
        designed to measure the program's effectiveness in aiding youths.
           Sec. 5.  Minnesota Statutes 1994, section 299A.35, as 
        amended by Laws 1995, chapter 226, article 4, section 4, is 
        amended to read: 
           299A.35 [COMMUNITY CRIME REDUCTION PREVENTION PROGRAMS; 
        GRANTS.] 
           Subdivision 1.  [PROGRAMS.] The commissioner shall, in 
        consultation with the chemical abuse and violence prevention 
        council, administer a grant program to fund community-based 
        programs that are designed to enhance the community's sense of 
        personal security and to assist the community in its crime 
        control and prevention efforts.  Examples of qualifying programs 
        include, but are not limited to, the following: 
           (1) programs to provide security systems for residential 
        buildings serving low-income persons, elderly persons, and 
        persons who have physical or mental disabilities community-based 
        programs designed to provide services for children aged 8 to 13 
        who are juvenile offenders or who are at risk of becoming 
        juvenile offenders.  The programs must give priority to: 
           (i) juvenile restitution; 
           (ii) prearrest or pretrial diversion, including through 
        mediation; 
           (iii) probation innovation; 
           (iv) teen courts, community service; or 
           (v) post incarceration alternatives to assist youth in 
        returning to their communities; 
           (2) community-based programs designed to provide at-risk 
        children and youth aged 8 to 13 with after-school and summer 
        enrichment activities; 
           (3) community-based programs designed to discourage young 
        people from involvement in unlawful drug or street gang 
        activities such as neighborhood youth centers; 
           (3) (4) neighborhood block clubs and innovative 
        community-based crime watch prevention programs; 
           (4) (5) community- and school-based programs designed to 
        enrich the educational, cultural, or recreational opportunities 
        of at-risk elementary or secondary school age children and 
        youth, including programs designed to keep at-risk youth from 
        dropping out of school and encourage school dropouts to return 
        to school; 
           (5) support services for a municipal curfew enforcement 
        program including, but not limited to, rent for drop-off 
        centers, staff, supplies, equipment, and the referral of 
        children who may be abused or neglected; 
           (6) community-based programs designed to intervene with 
        juvenile offenders who are identified as likely to engage in 
        repeated criminal activity in the future unless intervention is 
        undertaken; 
           (7) community-based collaboratives that coordinate five or 
        more programs designed to enrich the educational, cultural, or 
        recreational opportunities of at-risk elementary or secondary 
        school age youth, including programs designed to keep at-risk 
        youth from dropping out of school and to encourage school 
        dropouts to return to school community-based collaboratives that 
        coordinate multiple programs and funding sources to address the 
        needs of at-risk children and youth, including, but not limited 
        to, collaboratives that address the continuum of services for 
        juvenile offenders and those who are at risk of becoming 
        juvenile offenders; 
           (8) programs that are proven successful at increasing the 
        rate of graduation from secondary school and success or the rate 
        of post-secondary education attendance for high-risk students; 
           (9) community-based programs that provide services to 
        homeless youth; and 
           (10) programs designed to reduce truancy; and 
           (11) other community- and school-based crime prevention 
        programs that are innovative and encourage substantial 
        involvement by members of the community served by the program.  
           Subd. 2.  [GRANT PROCEDURE.] A local unit of government or 
        a nonprofit community-based entity may apply for a grant by 
        submitting an application with the commissioner.  The applicant 
        shall specify the following in its application: 
           (1) a description of each program for which funding is 
        sought; 
           (2) the amount of funding to be provided to the program 
        outcomes and performance indicators for the program; 
           (3) a description of the planning process that identifies 
        local community needs, surveys existing programs, provides for 
        coordination with existing programs, and involves all affected 
        sectors of the community; 
           (4) the geographical area to be served by the program; 
           (4) (5) statistical information as to the number of arrests 
        in the geographical area for violent crimes and for crimes 
        involving schedule I and II controlled substances.  "Violent 
        crime" includes a violation of or an attempt or conspiracy to 
        violate any of the following laws:  sections 609.185; 609.19; 
        609.195; 609.20; 609.205; 609.21; 609.221; 609.222; 609.223; 
        609.228; 609.235; 609.24; 609.245; 609.25; 609.255; 609.2661; 
        609.2662; 609.2663; 609.2664; 609.2665; 609.267; 609.2671; 
        609.268; 609.342; 609.343; 609.344; 609.345; 609.498, 
        subdivision 1; 609.561; 609.562; 609.582, subdivision 1; 
        609.687; or any provision of chapter 152 that is punishable by a 
        maximum sentence greater than ten years; and 
           (5) (6) the number of economically disadvantaged youth in 
        the geographical areas to be served by the program. 
           The commissioner shall give priority to funding 
        community-based collaboratives, programs that demonstrate 
        substantial involvement by members of the community served by 
        the program and programs that either serve the geographical 
        areas that have the highest crime rates, as measured by the data 
        supplied under clause (4), or serve geographical areas that have 
        the largest concentrations of economically disadvantaged youth.  
        The maximum amount that may be awarded to an applicant is 
        $50,000; except that if the applicant is a community-based 
        collaborative under subdivision 1, clause (7), the maximum 
        amount that can be awarded is $50,000 for each program 
        participating in the collaborative.  Up to 2.5 percent of the 
        appropriation may be used by the commissioner to administer the 
        program. 
           Subd. 3.  [REPORT.] An applicant that receives a grant 
        under this section shall provide the commissioner with a summary 
        of how the grant funds were spent and the extent to which the 
        objectives of the program were achieved.  The commissioner shall 
        submit a written report to the children's cabinet and chairs of 
        the committees of the senate and house of representatives with 
        jurisdiction over criminal justice policy and funding of crime 
        prevention programs, by February 1 each year, based on the 
        information provided by applicants under this subdivision. 
           Sec. 6.  [299A.62] [COMMUNITY-ORIENTED POLICING (COPS) 
        GRANT PROGRAM.] 
           Subdivision 1.  [PROGRAM ESTABLISHED.] A community-oriented 
        policing grant program is established under the administration 
        of the commissioner of public safety.  Grants may be awarded as 
        provided in subdivision 2 for the following purposes:  
           (1) to enable local law enforcement agencies to hire law 
        enforcement officers.  The grants must be used by law 
        enforcement agencies to increase the complement of officers in 
        the agency by paying the salaries of new officers who replace an 
        existing officer who has been reassigned primarily to 
        investigate and prevent juvenile crime or to perform 
        community-oriented policing duties; and 
           (2) to enable local law enforcement agencies to assign 
        overtime officers to high crime areas within their jurisdictions.
           Subd. 2.  [AWARDING GRANTS.] Grants under this section 
        shall be awarded by the commissioner of public safety.  Before 
        any grants are awarded, a committee consisting of the attorney 
        general, and representatives from the Minnesota chiefs of police 
        association, the Minnesota sheriffs association, and the 
        Minnesota police and peace officers association, shall evaluate 
        the grant applications.  Before grants are awarded, the 
        commissioner shall meet and consult with the committee 
        concerning its evaluation of and recommendations on grant 
        proposals.  A grant under subdivision 1, clause (1), may be 
        awarded only to a law enforcement agency that demonstrates in 
        its application that it currently has a need for an additional 
        officer to be assigned to:  (i) community-oriented policing 
        duties; or (ii) the investigation and prevention of juvenile 
        crime, based on the juvenile crime rate in the area over which 
        the agency has jurisdiction.  More than one grant under 
        subdivision 1, clause (1), may be awarded to an agency; however, 
        each grant may fund only one position.  At least 50 percent of 
        the grants awarded under subdivision 1, clause (1), must be 
        awarded to the cities of Minneapolis and St. Paul.  
           Subd. 3.  [AMOUNT OF GRANTS TO HIRE OFFICERS.] A grant 
        awarded under subdivision 1, clause (1), must reimburse up to 
        150 percent of the entry level salary and benefits of a law 
        enforcement officer, not to exceed $75,000.  However, the money 
        may not be used to pay for equipment or uniforms for the 
        officer.  The grant is intended to be used for the salary of the 
        officer over a three-year period. 
           Subd. 4.  [CONDITIONS OF GRANTS TO HIRE OFFICERS.] Grant 
        recipients who receive grants under subdivision 1, clause (1), 
        shall continue to employ a law enforcement officer hired with 
        money granted under this section for at least a three-year 
        period.  If for any reason during the three-year period the 
        employment relationship ends, the agency shall hire an 
        additional officer so that the total number of officers employed 
        by the agency does not change.  A law enforcement agency that 
        fails to comply with this subdivision shall reimburse the 
        commissioner as follows: 
           (1) if the failure occurs during the first year, the agency 
        shall reimburse the full amount of the grant; 
           (2) if the failure occurs during the second year, the 
        agency shall reimburse two-thirds of the grant; or 
           (3) if the failure occurs during the third year but prior 
        to the three-year anniversary of the officer's hiring, the 
        agency shall reimburse one-third of the grant. 
        The commissioner shall deposit the reimbursement in the state 
        treasury and credit it to the general fund. 
           Sec. 7.  [299A.63] [WEED AND SEED GRANT PROGRAM.] 
           Subdivision 1.  [ESTABLISHMENT.] A grant program is 
        established under the administration of the commissioner of 
        public safety to assist local communities in their efforts to 
        eradicate violent crime, illegal drug activity, and illegal gang 
        activity in targeted neighborhoods, and to revitalize these 
        targeted neighborhoods economically and physically. 
           Subd. 2.  [AWARDING GRANTS.] The commissioner of public 
        safety shall act as fiscal agent for the grant program and shall 
        be responsible for receiving applications for grants and 
        awarding grants under this section.  Before any grants are 
        awarded, a committee consisting of the attorney general, and 
        representatives from the Minnesota chiefs of police association, 
        the Minnesota sheriffs association, and the Minnesota police and 
        peace officers association, shall evaluate the grant 
        applications.  Before grants are awarded, the commissioner shall 
        meet and consult with the committee concerning its evaluation of 
        and recommendations on grant proposals.  At least 50 percent of 
        the grants awarded under this section must be awarded to the 
        cities of Minneapolis and St. Paul. 
           Subd. 3.  [GRANT PROCESS.] (a) A city may apply for a grant 
        under this section by submitting an application to the 
        commissioner of public safety on a form prescribed by the 
        commissioner.  The application shall: 
           (1) identify the neighborhood within the city that has been 
        proposed by the city's mayor as a targeted site; 
           (2) describe the problems to be corrected within the 
        targeted neighborhood and the strengths that make the targeted 
        neighborhood a suitable candidate for funding; and 
           (3) contain the city's plan for use of the grant funds.  
        This plan must: 
           (i) be prepared in consultation with residents of the 
        targeted neighborhood; 
           (ii) describe the specific law enforcement, community 
        policing, prevention, intervention, treatment, and neighborhood 
        revitalization activities that the city intends to undertake; 
        and 
           (iii) include a reporting and evaluation component. 
           (b) A city may apply for more than one grant under this 
        section; however, each grant may target only one neighborhood. 
           Subd. 4.  [ATTORNEY GENERAL DUTIES.] (a) The attorney 
        general may assist cities and local law enforcement officials in 
        developing and implementing anticrime and neighborhood community 
        revitalization strategies and may assist local prosecutors in 
        prosecuting crimes occurring in the targeted neighborhoods that 
        receive funding under this section.  Upon request of the local 
        prosecuting authority, the attorney general may appear in court 
        in those civil and criminal cases arising as a result of this 
        section that the attorney general deems appropriate.  For the 
        purposes of this section, the attorney general may appear in 
        court in nuisance actions under Minnesota Statutes, chapter 617, 
        and misdemeanor prosecutions under Minnesota Statutes, chapter 
        609.  
           (b) The attorney general shall develop appropriate 
        applications to the United States Department of Justice for 
        federal weed and seed grants for use in conjunction with grants 
        awarded under this section. 
           Sec. 8.  [INTENSIVE JUVENILE MONITORING PILOT PROGRAM.] 
           (a) The commissioner of corrections shall establish at 
        least four pilot programs to provide intensive monitoring in the 
        community for juveniles who have committed or are at risk to 
        commit status offenses or delinquent acts.  A juvenile need not 
        be adjudicated for an offense to be eligible for the program.  
        The pilot programs shall provide a work experience for qualified 
        upper division college and graduate students who are majoring in 
        relevant disciplines to supervise and monitor juveniles referred 
        to or placed in community corrections or court services 
        programs.  Referrals to the program may be made by peace 
        officers, juvenile courts, and juvenile probation officers. 
           (b) The commissioner shall collaborate with appropriate 
        faculty members and administrators at the University of 
        Minnesota, the state universities, private colleges and 
        universities, community corrections agencies, and court services 
        agencies to establish general eligibility criteria for upper 
        division college and graduate students to participate in the 
        program and to specify the various ways by which students will 
        be compensated through their college or university for their 
        participation including, but not limited to, monetary 
        compensation tuition payments, and related mileage and parking 
        expenses.  The compensation program shall allow for long-term 
        placements and corrections experiences for students who are 
        financially dependent on paid internships. 
           (c) The commissioner also shall collaborate with higher 
        education experts, community corrections agencies, court 
        services agencies, law enforcement agencies, and juvenile court 
        judges to: 
           (1) establish general eligibility criteria for juveniles to 
        be referred to or placed in the program; 
           (2) establish maximum caseloads for students, based on 
        their experience and knowledge and on the characteristics of the 
        juveniles to be supervised; 
           (3) specify the types of supervision and monitoring the 
        college students may be expected to provide to the juveniles; 
        and 
           (4) specify the manner in which the students' work and 
        performance measures will be monitored and evaluated by relevant 
        criminal justice and higher education professionals. 
           (d) At the end of the pilot programs, the commissioner of 
        corrections shall report findings and recommendations to the 
        chairs of the house and senate committees with jurisdiction over 
        criminal justice and higher education issues. 
           Sec. 9.  [PILOT PROJECT FOR FAMILY GROUP CONFERENCING IN 
        DAKOTA COUNTY.] 
           Subdivision 1.  [PILOT PROJECT ESTABLISHED.] By July 1, 
        1996, the commissioner of corrections shall establish a pilot 
        project in Dakota county to provide assistance to counties, 
        school districts, and cities in the first judicial district in 
        establishing family group conferencing programs.  The pilot 
        project must be administered by a coordinator responsible for 
        supervising and implementing the project.  The coordinator shall 
        cooperate with and provide necessary assistance and training to 
        county attorneys, local law enforcement agencies, school 
        districts, and community groups in establishing family group 
        conferencing programs under subdivision 2. 
           Subd. 2.  [FAMILY GROUP CONFERENCING PROGRAMS.] A county 
        attorney, school district, or city in the first judicial 
        district, in consultation with the coordinator and local law 
        enforcement agencies, may establish a family group conferencing 
        program.  The program may provide forums where, as an 
        alternative to prosecution, certain individuals accused of 
        having committed crimes meet with the victim or victims of the 
        alleged crime; family members of the victim or victims, if 
        appropriate; family members of the offender, if appropriate; a 
        law enforcement official or prosecutor; and members of the 
        community.  An individual properly trained in moderating a 
        family group conference shall act as moderator of the 
        conference.  The conference must focus on the impact of the 
        offense on the victim and the community and assign an 
        appropriate sanction to the offender.  An appropriate sanction 
        may include reparation to the victim or community, specified 
        community service, or other sanction agreed upon during the 
        conference. 
           Subd. 3.  [CONFERENCE PARAMETERS.] A county or city 
        attorney, in consultation with the coordinator and local law 
        enforcement agencies, shall establish parameters for the 
        conferences.  The parameters must specify the types of offenders 
        and offenses eligible for the conferences and the nature and 
        goals of the conferences.  Only certain offenders deemed 
        appropriate by the county attorney are eligible for the 
        conferences.  Decisions on eligibility shall be based on the 
        criminal history of the offender, the nature of the offense, the 
        danger posed by the offender to the victim and the community, 
        and the best interests of the victim and community.  
        Participation in the conference is voluntary, no offender or 
        victim may be required to participate in a conference.  A 
        decision to prosecute an offender who has refused to participate 
        in a conference may not be considered in determining the 
        voluntariness of an offender's decision to participate. 
           A prosecutor who offers an offender the opportunity to 
        participate in a conference retains the authority to prosecute 
        the offender if the offender refuses to participate in the 
        conference, chooses not to complete the conference, or fails to 
        comply with sanctions imposed at the conference.  
           Subd. 4.  [GRANTS AUTHORIZED.] The commissioner of 
        corrections, in consultation with the coordinator, may award 
        grants to aid in the establishment and implementation of family 
        group conferencing programs in the first judicial district.  The 
        commissioner shall establish the criteria and procedure for the 
        grants and shall require that any entity awarded a grant to 
        establish a program have clearly established neighborhood, 
        community, and family measures of success of the program and 
        report to the commissioner on the achievement of these outcomes 
        on or before December 31, 1998. 
           Subd. 5.  [REPORT REQUIRED.] By January 15, 1999, the 
        commissioner of corrections shall report to the chairs of the 
        senate and house of representatives committees having 
        jurisdiction over criminal justice policy on the effectiveness 
        of the pilot project and any family group conferencing programs 
        created under this section and the awarding of grants, if any, 
        under subdivision 4. 
           Sec. 10.  [ADVERTISING CAMPAIGN.] 
           The commissioner of public safety is authorized to contract 
        with an advertising firm for a public advertising campaign 
        designed to reduce violence and counteract the effect of 
        violence in the media.  The contracts for advertising must 
        include provisions for evaluating the effectiveness of the 
        campaign. 
           Sec. 11.  [COMMUNITY-ORIENTED CHEMICAL DEPENDENCY PILOT 
        PROJECT.] 
           Subdivision 1.  [PILOT PROJECT ESTABLISHED.] Hennepin 
        county, in conjunction with local neighborhoods, shall establish 
        a community-oriented chemical dependency pilot project.  The 
        project must take a comprehensive public health approach to the 
        problem of chemical dependency, including the problems 
        associated with cocaine, as it impacts certain neighborhoods. 
           Subd. 2.  [OUTREACH AND ASSESSMENT.] The pilot project must 
        include a street outreach and assessment program that is 
        coordinated with health workers, community policing teams, and 
        neighborhood crime prevention units.  The assessments must be 
        conducted in accordance with the provisions that apply to 
        chemical dependency care for public assistance recipients under 
        rules promulgated by the commissioner of human services, except 
        that the requirements of the compliance provisions that apply to 
        an assessor under contract with a county that has a shared 
        financial interest with a treatment provider does not apply to 
        this pilot project.  The assessor shall make a recommendation as 
        to the duration and method of treatment. 
           Subd. 3.  [CHEMICAL DEPENDENCY TREATMENT.] The pilot 
        project must include efforts to direct persons into appropriate 
        chemical dependency treatment using the criteria that apply to 
        chemical dependency care for public assistance recipients under 
        rules promulgated by the commissioner of human services.  The 
        project may require that all participating third-party payors, 
        including medical assistance, accept the assessment conducted 
        under subdivision 2 and accept the duration and method of 
        treatment recommended by the assessor.  The pilot project must 
        include all measures to ensure that culturally appropriate 
        treatment programs are utilized.  The pilot project must include 
        efforts to address the other needs of persons undergoing 
        treatment that may interfere with their ability to receive 
        effective treatment, including housing, child care, and 
        referrals to the maternal child substance abuse project as 
        appropriate. 
           Subd. 4.  [AFTERCARE PROGRAM.] The pilot project must 
        include an aftercare program, with home-based services and 
        assistance with education, jobs, child care, transportation, and 
        housing. 
           Subd. 5.  [COORDINATION WITH DRUG COURT.] The pilot project 
        must seek to coordinate efforts with the drug court initiatives 
        being undertaken in Hennepin county. 
           Subd. 6.  [EXPEDITED PROCESS.] The pilot project must work 
        with appropriate law enforcement officials to expedite the 
        process of getting persons into appropriate chemical dependency 
        treatment. 
           Subd. 7.  [CRITERIA FOR PARTICIPATION.] Hennepin county 
        shall establish the criteria for determining the neighborhoods 
        eligible to participate in the pilot project.  Hennepin county 
        shall consider factors in the neighborhood including crime 
        reports, the number of repeat arrests, the number of arrests for 
        narcotics laws violations, the number of drug-related homicides 
        and violent crimes, the presence of community crime prevention 
        block clubs, and the ability to work with the county. 
           Subd. 8.  [FUNDING FOR TREATMENT.] A person participating 
        in the pilot project under this section who requires chemical 
        dependency treatment shall utilize reimbursement from any health 
        coverage the person has.  If the person does not have health 
        coverage, the person shall be funded under Minnesota Statutes, 
        chapter 254B, if eligible. 
           Subd. 9.  [STATE-MANAGED CARE PROGRAMS.] (a) This section 
        does not change eligibility requirements, payment rates, covered 
        services, or administrative requirements for health plans under 
        the prepaid medical assistance program and the MinnesotaCare 
        managed care program, except that health plans must accept the 
        assessor's recommendation regarding the need for treatment and 
        the appropriate type and duration of treatment if the assessment 
        was performed in compliance with the rules specified in 
        subdivision 2.  The assessor shall notify a health plan of the 
        results of each assessment performed for a person covered by the 
        health plan.  The independent evaluation required under 
        subdivision 10 must include an evaluation of the impact of the 
        project on the costs incurred by each prepaid health plan 
        participating in state health care programs.  The evaluation 
        must be based on reports submitted by prepaid health plans and 
        other information obtained by the evaluator. 
           (b) If the commissioner of human services determines that a 
        prepaid health plan incurred higher costs for a covered person 
        served under the pilot project that are due to additional 
        services that would not otherwise be covered under the prepaid 
        medical assistance program, the commissioner of human services 
        shall reimburse the prepaid health plan for the additional costs 
        within 120 days after the conclusion of the pilot project. 
           Subd. 10.  [EVALUATION.] The pilot project must include an 
        independent evaluation of the effectiveness of the program 
        established under the project.  The evaluation must examine the 
        effectiveness of the outreach and assessment procedures, the 
        effectiveness of treatment methods including the impact on 
        recidivism rates, the costs of treatment and other services 
        provided, the impact on prepaid health plans serving public 
        programs, a comparison of the methods used in the pilot project 
        to other approaches to serving the target population, and other 
        relevant matters. 
           Subd. 11.  [REPORT.] By July 1, 1997, Hennepin county shall 
        report to the chairs of the senate and house of representatives 
        committees having jurisdiction over health and criminal justice 
        policies on the status of the pilot project.  The report must be 
        compiled from information submitted by the neighborhoods 
        participating in the pilot project.  The report must include 
        recommendations on whether some of the appropriations for the 
        pilot project should be directed to the drug court being 
        developed in Hennepin or other counties. 
           Sec. 12.  [GRANT PROGRAMS AUDITED.] 
           The legislative audit commission is requested to direct the 
        legislative auditor to analyze and report on grant programs 
        administered by the departments of corrections; economic 
        security; human services; public safety; health; children, 
        families, and learning; and the office of strategic and 
        long-range planning.  The report must: 
           (1) describe each grant program contained in statute or 
        session law; 
           (2) list the appropriations to the programs over the past 
        five years and specify whether the appropriation was included in 
        the department's base or was a separate appropriation; 
           (3) specify the percentages of each program's total 
        appropriation used for actual grants compared with 
        administrative expenses; and 
           (4) analyze the amount of duplication in the various grant 
        programs. 
        If the commission directs the auditor to conduct this 
        evaluation, the auditor shall report to the chairs of the senate 
        and house of representatives committees having jurisdiction over 
        criminal justice funding by February 15, 1997. 
           Sec. 13.  [AUTHORIZATION FOR THE MARTIN LUTHER KING, JR. 
        NONVIOLENT INSTITUTIONAL CHILD DEVELOPMENT PILOT PROGRAM.] 
           (a) The council on Black Minnesotans shall proceed with the 
        planning, designing, and implementation of the Martin Luther 
        King, Jr. nonviolent institutional child development pilot 
        program which must provide: 
           (1) multi-institutional interdisciplinary community 
        violence prevention programs; and 
           (2) multi-institutional interdisciplinary intervention 
        programs. 
           (b) The pilot program may provide service to the following 
        institutions: 
           (1) elementary and secondary schools; 
           (2) social service programs and agencies; 
           (3) youth programs and services; 
           (4) juvenile delinquency programs; 
           (5) residential treatment facilities; 
           (6) foster homes; 
           (7) law enforcement agencies; 
           (8) medical centers; 
           (9) mental health programs; and 
           (10) religious outreach programs. 
           (c) The program may include: 
           (1) development and implementation of each participating 
        institution's long-range community violence prevention plan for 
        school-age children; 
           (2) development and implementation of each participating 
        institution's community violence intervention plan for children 
        affected by violence in the community; 
           (3) identification and implementation of each participating 
        institution's training and staffing needs; 
           (4) development and implementation of a network among 
        participating institutions to coordinate services, share 
        information, and develop common strategies for violence 
        prevention and intervention; and 
           (5) funding for participating institution's violence 
        prevention and intervention programs. 
           (d) The pilot program must be evaluated based on outcome 
        evaluation criteria determined by the commissioner of public 
        safety, in consultation with the executive director of the 
        council on Black Minnesotans and a community-based advisory 
        council before implementation of the program. 
           (e) The pilot program must start by January 2, 1997. 
           (f) The pilot program must be completed by the council on 
        Black Minnesotans by July 1, 1998, and presented to the 
        commissioners of human services, public safety, corrections, and 
        children, families, and learning. 
           (g) Government data on individuals that is maintained under 
        the program are confidential data on individuals as defined in 
        Minnesota Statutes, section 13.02, subdivision 3, but may be 
        shared among institutions participating in the program for 
        purposes of providing services under the program. 
           Sec. 14.  [INITIAL TERMS.] 
           Notwithstanding section 1, subdivision 1, in making the 
        initial appointments to the automobile theft prevention board 
        established by that subdivision, the governor shall appoint four 
        members to two-year terms and three members to one-year terms. 
           Sec. 15.  [COMMENCEMENT OF SURCHARGE.] 
           Each insurer governed by section 1, subdivision 3, shall 
        begin to collect and remit the surcharge required by that 
        subdivision on January 1, 1997. 
           Sec. 16.  [REPEALER.] 
           (a) Minnesota Statutes 1994, section 299A.60, is repealed. 
           (b) Section 1 is repealed January 1, 2002. 
           Sec. 17.  [EFFECTIVE DATE.] 
           Section 13 is effective the day following final enactment. 
                                   ARTICLE 3
                            GENERAL CRIME PROVISIONS
           Section 1.  Minnesota Statutes 1994, section 169.09, 
        subdivision 14, is amended to read: 
           Subd. 14.  [PENALTIES.] (a) The driver of any vehicle who 
        violates subdivision 1 or 6 and who caused the accident is 
        punishable as follows:  
           (1) if the accident results in the death of any person, the 
        driver is guilty of a felony and may be sentenced to 
        imprisonment for not more than ten years, or to payment of a 
        fine of not more than $20,000, or both; 
           (2) if the accident results in great bodily harm to any 
        person, as defined in section 609.02, subdivision 8, the driver 
        is guilty of a felony and may be sentenced to imprisonment for 
        not more than five years, or to payment of a fine of not more 
        than $10,000, or both; or 
           (3) if the accident results in substantial bodily harm to 
        any person, as defined in section 609.02, subdivision 7a, the 
        driver is guilty of a felony and may be sentenced to 
        imprisonment for not more than three years, or to payment of a 
        fine of not more than $5,000, or both.  
           (b) The driver of any vehicle who violates subdivision 1 or 
        6 and who did not cause the accident is punishable as follows:  
           (1) if the accident results in the death of any person, the 
        driver is guilty of a felony and may be sentenced to 
        imprisonment for not more than three years, or to payment of a 
        fine of not more than $5,000, or both; 
           (2) if the accident results in great bodily harm to any 
        person, as defined in section 609.02, subdivision 8, the driver 
        is guilty of a felony and may be sentenced to imprisonment for 
        not more than two years, or to payment of a fine of not more 
        than $4,000, or both; or 
           (3) if the accident results in substantial bodily harm to 
        any person, as defined in section 609.02, subdivision 7a, the 
        driver may be sentenced to imprisonment for not more than one 
        year, or to payment of a fine of not more than $3,000, or both.  
           (c) (b) The driver of any vehicle involved in an accident 
        not resulting in substantial bodily harm or death who violates 
        subdivision 1 or 6 may be sentenced to imprisonment for not more 
        than one year, or to payment of a fine of not more than $3,000, 
        or both.  
           (d) (c) Any person who violates subdivision 2, 3, 4, 5, 7, 
        8, 10, 11, or 12 is guilty of a misdemeanor. 
           The attorney in the jurisdiction in which the violation 
        occurred who is responsible for prosecution of misdemeanor 
        violations of this section shall also be responsible for 
        prosecution of gross misdemeanor violations of this section. 
           Sec. 2.  Minnesota Statutes 1994, section 169.791, 
        subdivision 2a, is amended to read: 
           Subd. 2a.  [LATER PRODUCTION OF PROOF BY DRIVER WHO IS 
        OWNER.] A driver who is the owner of the vehicle may, within ten 
        days after the demand no later than the date and time specified 
        in the citation for the driver's first court appearance, produce 
        proof of insurance stating that security had been provided for 
        the vehicle that was being operated at the time of the demand to 
        the court administrator.  The required proof of insurance may be 
        sent by mail by the driver as long as it is received within ten 
        days no later than the date and time specified in the citation 
        for the driver's first court appearance.  If a citation is 
        issued, no person shall be convicted of violating this section 
        if the court administrator receives the required proof of 
        insurance within ten days of the issuance of the citation no 
        later than the date and time specified in the citation for the 
        driver's first court appearance.  If the charge is made other 
        than by citation, no person shall be convicted of violating this 
        section if the person presents the required proof of insurance 
        at the person's first court appearance after the charge is made. 
           Sec. 3.  Minnesota Statutes 1994, section 169.791, 
        subdivision 3, is amended to read: 
           Subd. 3.  [LATER PRODUCTION OF INFORMATION BY DRIVER WHO IS 
        NOT OWNER.] If the driver is not the owner of the vehicle, the 
        driver shall, within ten days of the officer's demand no later 
        than the date and time specified in the citation for the 
        driver's first court appearance, provide the district court 
        administrator with proof of insurance or the name and address of 
        the owner.  Upon receipt of the name and address of the owner, 
        the district court administrator shall communicate the 
        information to the law enforcement agency. 
           Sec. 4.  Minnesota Statutes 1994, section 169.791, 
        subdivision 4, is amended to read: 
           Subd. 4.  [REQUIREMENT FOR OWNER WHO IS NOT DRIVER.] If the 
        driver is not the owner of the vehicle, the officer may send or 
        provide a notice to the owner of the vehicle requiring the owner 
        to produce proof of insurance for the vehicle that was being 
        operated at the time of the demand.  Notice by mail is presumed 
        to be received five days after mailing and shall be sent to the 
        owner's current address or the address listed on the owner's 
        driver's license.  Within ten days after receipt of the notice, 
        the owner shall produce the required proof of insurance to the 
        place stated in the notice received by the owner.  The required 
        proof of insurance may be sent by mail by the owner as long as 
        it is received within ten days.  Any owner who fails to produce 
        proof of insurance within ten days of an officer's request under 
        this subdivision is guilty of a misdemeanor.  The peace officer 
        may mail the citation to the owner's current address or address 
        stated on the owner's driver's license.  It is an affirmative 
        defense to a charge against the owner that the driver used the 
        owner's vehicle without consent, if insurance would not have 
        been required in the absence of the unauthorized use by the 
        driver.  It is not a defense that a person failed to notify the 
        department of public safety of a change of name or address as 
        required under section 171.11.  The citation may be sent after 
        the ten-day period. 
           Sec. 5.  Minnesota Statutes 1994, section 169.792, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [IMPLIED CONSENT.] Any driver or owner of a 
        vehicle consents, subject to the provisions of this section and 
        section 169.791, to the requirement of having possession of 
        proof of insurance, and to the revocation of the person's 
        license if the driver or owner does not produce the required 
        proof of insurance within ten days of an officer's demand no 
        later than the date and time specified in the citation for the 
        driver's first court appearance, if a citation is issued, or 
        within ten days of receipt of a written notice, if a written 
        notice is sent or given.  Any driver of a vehicle who is not the 
        owner of the vehicle consents, subject to the provisions of this 
        section and section 169.791, to providing to the officer the 
        name and address of the owner of the vehicle. 
           Sec. 6.  Minnesota Statutes 1994, section 169.792, 
        subdivision 2, is amended to read: 
           Subd. 2.  [REQUIREMENT FOR DRIVER WHETHER OR NOT OWNER.] 
        Except as provided in subdivision 3, every driver of a vehicle 
        shall, within ten days after upon the demand of a peace officer, 
        produce proof of insurance in force for the vehicle that was 
        being operated at the time of the demand, to the district court 
        administrator no later than the date and time specified in the 
        citation for the driver's first court appearance.  The required 
        proof of insurance may be sent by the driver by mail as long as 
        it is received within ten days no later than the date and time 
        specified in the citation for the driver's first court 
        appearance.  A driver who is not the owner does not violate this 
        section unless the driver knew or had reason to know that the 
        owner did not have proof of insurance required by this section, 
        provided that the driver provides the officer with the owner's 
        name and address at the time of the demand or complies with 
        subdivision 3. 
           Sec. 7.  Minnesota Statutes 1994, section 169.792, 
        subdivision 3, is amended to read: 
           Subd. 3.  [REQUIREMENT FOR DRIVER WHO IS NOT OWNER.] If the 
        driver is not the owner of the vehicle, then the driver shall 
        provide the officer with the name and address of the owner at 
        the time of the demand or shall within ten days of the officer's 
        demand, no later than the date and time specified in the 
        citation for the driver's first court appearance, provide the 
        district court administrator with proof of insurance or the name 
        and address of the owner.  Upon receipt of the owner's name and 
        address, the district court administrator shall forward the 
        information to the law enforcement agency.  If the name and 
        address received from the driver do not match information 
        available to the district court administrator, the district 
        court administrator shall notify the law enforcement agency of 
        the discrepancy.  
           Sec. 8.  Minnesota Statutes 1994, section 169.792, 
        subdivision 5, is amended to read: 
           Subd. 5.  [WRITTEN NOTICE.] (a) When proof of insurance is 
        demanded and none is in possession, the law enforcement agency 
        may send or give the driver written notice as provided herein in 
        this subdivision, unless the officer issues a citation to the 
        driver under section 169.791 or 169.797.  If the driver is not 
        the owner and does not produce the required proof of insurance 
        within ten days of the demand, the law enforcement agency may 
        send or give written notice to the owner of the vehicle.  
           (b) Within ten days after receipt of the notice, if given, 
        the driver or owner shall produce the required proof of 
        insurance to the place stated in the notice.  Notice to the 
        driver or owner by mail is presumed to be received within five 
        days after mailing.  It is not a defense that a person failed to 
        notify the department of public safety of a change of name or 
        address as required under section 171.11. 
           (c) The department of public safety shall prescribe a form 
        setting forth the written notice to be provided to the driver or 
        owner.  The department shall, upon request, provide a sample of 
        the form to any law enforcement agency.  The notice shall 
        provide that the driver or owner must produce the proof of 
        insurance to the law enforcement agency, at the place specified 
        in the notice.  The notice shall also state: 
           (1) that Minnesota law requires every driver and owner to 
        produce an insurance identification card, insurance policy, or 
        written statement indicating that the vehicle had insurance at 
        the time of an officer's demand within ten days of the demand, 
        no later than the date and time specified in the citation for 
        the driver's first court appearance, if a citation is issued, or 
        within ten days of receipt of the written notice if a written 
        notice is sent or given, provided, however, that a driver who 
        does not own the vehicle shall provide the name and address of 
        the owner; 
           (2) that if the driver fails to produce the information 
        within ten days from the date of demand the required time or if 
        the owner fails to produce the information within ten days of 
        receipt of the notice from the peace officer, the commissioner 
        of public safety shall revoke the person's driver's license or 
        permit to drive for a minimum of 30 days, and shall revoke the 
        registration of the vehicle; 
           (3) that any person who displays or causes another to 
        display an insurance identification card, insurance policy, or 
        written statement, knowing that the insurance is not in force, 
        is guilty of a misdemeanor; and 
           (4) that any person who alters or makes a fictitious 
        identification card, insurance policy, or written statement, or 
        knowingly displays an altered or fictitious identification card, 
        insurance policy, or written statement, is guilty of a 
        misdemeanor. 
           Sec. 9.  Minnesota Statutes 1994, section 169.792, 
        subdivision 6, is amended to read: 
           Subd. 6.  [REPORT TO COMMISSIONER OF PUBLIC SAFETY.] If a 
        driver fails to produce the required proof of insurance or name 
        and address of the owner within ten days of the demand no later 
        than the date and time specified in the citation for the 
        driver's first court appearance, the district court 
        administrator shall report the failure to the commissioner.  If 
        an owner who is not the driver fails to produce the required 
        proof of insurance, or if a driver to whom a citation has not 
        been issued does not provide proof of insurance or the owner's 
        name and address, within ten days of receipt of the notice, the 
        law enforcement agency shall report the failure to the 
        commissioner.  Failure to produce proof of insurance or the 
        owner's name and address as required by this section must be 
        reported to the commissioner promptly regardless of the status 
        or disposition of any related criminal charges. 
           Sec. 10.  [171.174] [REVOCATION; FLEEING PEACE OFFICER 
        OFFENSE.] 
           The commissioner of public safety shall revoke the driver's 
        license of a person upon receipt of a certificate of conviction 
        showing that the person has in a motor vehicle violated section 
        609.487, subdivision 3 or 4, or an ordinance in conformity with 
        those subdivisions.  The commissioner shall revoke the driver's 
        license as follows: 
           (1) for the first offense under section 609.487, 
        subdivision 3, for not less than one year; 
           (2) for the second offense or subsequent offenses under 
        section 609.487, subdivision 3, for not less than three years; 
           (3) for an offense under section 609.487, subdivision 4, 
        clause (a), for not less than ten years; 
           (4) for an offense under section 609.487, subdivision 4, 
        clause (b), for not less than seven years; and 
           (5) for an offense under section 609.487, subdivision 4, 
        clause (c), for not less than five years. 
           A limited license under section 171.30 may not be issued 
        for one-half of the revocation period specified in clauses (1) 
        to (5) and after that period is over only upon and as 
        recommended by the adjudicating court. 
           Sec. 11.  Minnesota Statutes 1994, section 244.09, 
        subdivision 5, is amended to read: 
           Subd. 5.  The commission shall, on or before January 1, 
        1980, promulgate sentencing guidelines for the district court.  
        The guidelines shall be based on reasonable offense and offender 
        characteristics.  The guidelines promulgated by the commission 
        shall be advisory to the district court and shall establish: 
           (1) The circumstances under which imprisonment of an 
        offender is proper; and 
           (2) A presumptive, fixed sentence for offenders for whom 
        imprisonment is proper, based on each appropriate combination of 
        reasonable offense and offender characteristics.  The guidelines 
        may provide for an increase or decrease of up to 15 percent in 
        the presumptive, fixed sentence. 
           The sentencing guidelines promulgated by the commission may 
        also establish appropriate sanctions for offenders for whom 
        imprisonment is not proper.  Any guidelines promulgated by the 
        commission establishing sanctions for offenders for whom 
        imprisonment is not proper shall make specific reference to 
        noninstitutional sanctions, including but not limited to the 
        following:  payment of fines, day fines, restitution, community 
        work orders, work release programs in local facilities, 
        community based residential and nonresidential programs, 
        incarceration in a local correctional facility, and probation 
        and the conditions thereof. 
           In establishing and modifying the sentencing guidelines, 
        the primary consideration of the commission shall be public 
        safety.  The commission shall also consider current sentencing 
        and release practices and; correctional resources, including but 
        not limited to the capacities of local and state correctional 
        facilities; and the long-term negative impact of the crime on 
        the community. 
           The provisions of sections 14.001 to 14.69 do not apply to 
        the promulgation of the sentencing guidelines, and the 
        sentencing guidelines, including severity levels and criminal 
        history scores, are not subject to review by the legislative 
        commission to review administrative rules.  However, on or 
        before January 1, 1986, the commission shall adopt rules 
        pursuant to sections 14.001 to 14.69 which establish procedures 
        for the promulgation of the sentencing guidelines, including 
        procedures for the promulgation of severity levels and criminal 
        history scores, and these rules shall be subject to review by 
        the legislative commission to review administrative rules. 
           Sec. 12.  Minnesota Statutes 1994, section 609.06, is 
        amended to read: 
           609.06 [AUTHORIZED USE OF FORCE.] 
           Subdivision 1.  [WHEN AUTHORIZED.] Except as otherwise 
        provided in subdivision 2, reasonable force may be used upon or 
        toward the person of another without the other's consent when 
        the following circumstances exist or the actor reasonably 
        believes them to exist: 
           (1) when used by a public officer or one assisting a public 
        officer under the public officer's direction: 
           (a) in effecting a lawful arrest; or 
           (b) in the execution of legal process; or 
           (c) in enforcing an order of the court; or 
           (d) in executing any other duty imposed upon the public 
        officer by law; or 
           (2) when used by a person not a public officer in arresting 
        another in the cases and in the manner provided by law and 
        delivering the other to an officer competent to receive the 
        other into custody; or 
           (3) when used by any person in resisting or aiding another 
        to resist an offense against the person; or 
           (4) when used by any person in lawful possession of real or 
        personal property, or by another assisting the person in lawful 
        possession, in resisting a trespass upon or other unlawful 
        interference with such property; or 
           (5) when used by any person to prevent the escape, or to 
        retake following the escape, of a person lawfully held on a 
        charge or conviction of a crime; or 
           (6) when used by a parent, guardian, teacher or other 
        lawful custodian of a child or pupil, in the exercise of lawful 
        authority, to restrain or correct such child or pupil; or 
           (7) when used by a school employee or school bus driver, in 
        the exercise of lawful authority, to restrain a child or pupil, 
        or to prevent bodily harm or death to another; or 
           (8) when used by a common carrier in expelling a passenger 
        who refuses to obey a lawful requirement for the conduct of 
        passengers and reasonable care is exercised with regard to the 
        passenger's personal safety; or 
           (9) when used to restrain a mentally ill or mentally 
        defective person from self-injury or injury to another or when 
        used by one with authority to do so to compel compliance with 
        reasonable requirements for the person's control, conduct or 
        treatment; or 
           (10) when used by a public or private institution providing 
        custody or treatment against one lawfully committed to it to 
        compel compliance with reasonable requirements for the control, 
        conduct or treatment of the committed person.  
           Subd. 2.  [DEADLY FORCE USED AGAINST PEACE 
        OFFICERS.] Deadly force may not be used against peace officers 
        who have announced their presence and are performing official 
        duties at a location where a person is committing a crime or an 
        act that would be a crime if committed by an adult. 
           Sec. 13.  Minnesota Statutes 1995 Supplement, section 
        609.20, is amended to read: 
           609.20 [MANSLAUGHTER IN THE FIRST DEGREE.] 
           Whoever does any of the following is guilty of manslaughter 
        in the first degree and may be sentenced to imprisonment for not 
        more than 15 years or to payment of a fine of not more than 
        $30,000, or both: 
           (1) intentionally causes the death of another person in the 
        heat of passion provoked by such words or acts of another as 
        would provoke a person of ordinary self-control under like 
        circumstances, provided that the crying of a child does not 
        constitute provocation; 
           (2) violates section 609.224 and causes the death of 
        another or causes the death of another in committing or 
        attempting to commit a misdemeanor or gross misdemeanor offense 
        with such force and violence that death of or great bodily harm 
        to any person was reasonably foreseeable, and murder in the 
        first or second degree was not committed thereby; 
           (3) intentionally causes the death of another person 
        because the actor is coerced by threats made by someone other 
        than the actor's coconspirator and which cause the actor 
        reasonably to believe that the act performed by the actor is the 
        only means of preventing imminent death to the actor or another; 
           (4) proximately causes the death of another, without intent 
        to cause death by, directly or indirectly, unlawfully selling, 
        giving away, bartering, delivering, exchanging, distributing, or 
        administering a controlled substance classified in schedule III, 
        IV, or V; or 
           (5) causes the death of another in committing or attempting 
        to commit a violation of section 609.377 (malicious punishment 
        of a child), and murder in the first, second, or third degree is 
        not committed thereby. 
           As used in this section, a "person of ordinary self-control"
        does not include a person under the influence of intoxicants or 
        a controlled substance. 
           Sec. 14.  Minnesota Statutes 1994, section 609.21, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CRIMINAL VEHICULAR HOMICIDE.] Whoever 
        causes the death of a human being not constituting murder or 
        manslaughter as a result of operating a motor vehicle, 
           (1) in a grossly negligent manner; 
           (2) in a negligent manner while under the influence of 
        alcohol, a controlled substance, or any combination of those 
        elements; 
           (3) while having an alcohol concentration of 0.10 or more; 
        or 
           (4) while having an alcohol concentration of 0.10 or more, 
        as measured within two hours of the time of driving,; or 
           (5) where the driver who causes the accident leaves the 
        scene of the accident in violation of section 169.09, 
        subdivision 1 or 6, 
        is guilty of criminal vehicular homicide resulting in death and 
        may be sentenced to imprisonment for not more than ten years or 
        to payment of a fine of not more than $20,000, or both. 
           Sec. 15.  Minnesota Statutes 1994, section 609.21, 
        subdivision 2, is amended to read: 
           Subd. 2.  [RESULTING IN GREAT BODILY HARM.] Whoever causes 
        great bodily harm to another, not constituting attempted murder 
        or assault, as a result of operating a motor vehicle, 
           (1) in a grossly negligent manner; 
           (2) in a negligent manner while under the influence of 
        alcohol, a controlled substance, or any combination of those 
        elements; 
           (3) while having an alcohol concentration of 0.10 or more; 
        or 
           (4) while having an alcohol concentration of 0.10 or more, 
        as measured within two hours of the time of driving,; or 
           (5) where the driver who causes the accident leaves the 
        scene of the accident in violation of section 169.09, 
        subdivision 1 or 6, 
        is guilty of criminal vehicular operation resulting in great 
        bodily harm and may be sentenced to imprisonment for not more 
        than five years or to payment of a fine of not more than 
        $10,000, or both. 
           Sec. 16.  Minnesota Statutes 1994, section 609.21, 
        subdivision 2a, is amended to read: 
           Subd. 2a.  [RESULTING IN SUBSTANTIAL BODILY HARM.] Whoever 
        causes substantial bodily harm to another, as a result of 
        operating a motor vehicle, 
           (1) in a grossly negligent manner; 
           (2) in a negligent manner while under the influence of 
        alcohol, a controlled substance, or any combination of those 
        elements; 
           (3) while having an alcohol concentration of 0.10 or more; 
        or 
           (4) while having an alcohol concentration of 0.10 or more, 
        as measured within two hours of the time of driving,; or 
           (5) where the driver who causes the accident leaves the 
        scene of the accident in violation of section 169.09, 
        subdivision 1 or 6, 
        is guilty of criminal vehicular operation resulting in 
        substantial bodily harm and may be sentenced to imprisonment for 
        not more than three years or to payment of a fine of not more 
        than $10,000, or both. 
           Sec. 17.  Minnesota Statutes 1994, section 609.21, 
        subdivision 3, is amended to read: 
           Subd. 3.  [RESULTING IN DEATH TO AN UNBORN CHILD.] Whoever 
        causes the death of an unborn child as a result of operating a 
        motor vehicle, 
           (1) in a grossly negligent manner; 
           (2) in a negligent manner while under the influence of 
        alcohol, a controlled substance, or any combination of those 
        elements; 
           (3) while having an alcohol concentration of 0.10 or more; 
        or 
           (4) while having an alcohol concentration of 0.10 or more, 
        as measured within two hours of the time of driving,; or 
           (5) where the driver who causes the accident leaves the 
        scene of the accident in violation of section 169.09, 
        subdivision 1 or 6, 
        is guilty of criminal vehicular operation resulting in death to 
        an unborn child and may be sentenced to imprisonment for not 
        more than ten years or to payment of a fine of not more than 
        $20,000, or both.  A prosecution for or conviction of a crime 
        under this subdivision is not a bar to conviction of or 
        punishment for any other crime committed by the defendant as 
        part of the same conduct. 
           Sec. 18.  Minnesota Statutes 1994, section 609.21, 
        subdivision 4, is amended to read: 
           Subd. 4.  [RESULTING IN INJURY TO UNBORN CHILD.] Whoever 
        causes great bodily harm to an unborn child who is subsequently 
        born alive, as a result of operating a motor vehicle, 
           (1) in a grossly negligent manner; 
           (2) in a negligent manner while under the influence of 
        alcohol, a controlled substance, or any combination of those 
        elements; 
           (3) while having an alcohol concentration of 0.10 or more; 
        or 
           (4) while having an alcohol concentration of 0.10 or more, 
        as measured within two hours of the time of driving,; or 
           (5) where the driver who causes the accident leaves the 
        scene of the accident in violation of section 169.09, 
        subdivision 1 or 6, 
        is guilty of criminal vehicular operation resulting in injury to 
        an unborn child and may be sentenced to imprisonment for not 
        more than five years or to payment of a fine of not more than 
        $10,000, or both.  A prosecution for or conviction of a crime 
        under this subdivision is not a bar to conviction of or 
        punishment for any other crime committed by the defendant as 
        part of the same conduct. 
           Sec. 19.  Minnesota Statutes 1994, section 609.2231, 
        subdivision 2, is amended to read: 
           Subd. 2.  [FIREFIGHTERS AND EMERGENCY MEDICAL PERSONNEL.] 
        Whoever assaults any of the following persons and inflicts 
        demonstrable bodily harm is guilty of a gross misdemeanor felony 
        and may be sentenced to imprisonment for not more than two years 
        or to payment of a fine of not more than $4,000, or both:  
           (1) a member of a municipal or volunteer fire department or 
        emergency medical services personnel unit in the performance of 
        the member's duties; or 
           (2) a physician, nurse, or other person providing health 
        care services in a hospital emergency department; or 
           (3) an employee of the department of natural resources who 
        is engaged in forest fire activities. 
           Sec. 20.  Minnesota Statutes 1994, section 609.2231, is 
        amended by adding a subdivision to read: 
           Subd. 2a.  [CERTAIN DEPARTMENT OF NATURAL RESOURCES 
        EMPLOYEES.] Whoever assaults and inflicts demonstrable bodily 
        harm on an employee of the department of natural resources who 
        is engaged in forest fire activities is guilty of a gross 
        misdemeanor. 
           Sec. 21.  Minnesota Statutes 1995 Supplement, section 
        609.224, subdivision 2, is amended to read: 
           Subd. 2.  [GROSS MISDEMEANOR.] (a) Whoever violates the 
        provisions of subdivision 1 against the same victim during the 
        time period between a previous conviction under this section, 
        sections 609.221 to 609.2231, 609.2242, 609.342 to 609.345, or 
        609.713, or any similar law of another state, and the end of the 
        five years following discharge from sentence for that 
        conviction, is guilty of a gross misdemeanor and may be 
        sentenced to imprisonment for not more than one year or to 
        payment of a fine of not more than $3,000, or both.  
           (b) Whoever violates the provisions of subdivision 1 within 
        two years of a previous conviction under this section or 
        sections 609.221 to 609.2231, 609.2242, or 609.713 is guilty of 
        a gross misdemeanor and may be sentenced to imprisonment for not 
        more than one year or to payment of a fine of not more than 
        $3,000, or both. 
           (c) A caregiver, as defined in section 609.232, who is an 
        individual and who violates the provisions of subdivision 1 
        against a vulnerable adult, as defined in section 609.232, is 
        guilty of a gross misdemeanor and may be sentenced to 
        imprisonment for not more than one year or to payment of a fine 
        of not more than $3,000, or both. 
           Sec. 22.  Minnesota Statutes 1994, section 609.224, 
        subdivision 4, is amended to read: 
           Subd. 4.  [FELONY.] (a) Whoever violates the provisions of 
        subdivision 1 against the same victim during the time period 
        between the first of two or more previous convictions under this 
        section or sections 609.221 to 609.2231, 609.2242, 609.342 to 
        609.345, or 609.713, and the end of the five years following 
        discharge from sentence for that conviction is guilty of a 
        felony and may be sentenced to imprisonment for not more than 
        five years or payment of a fine of not more than $10,000, or 
        both. 
           (b) Whoever violates the provisions of subdivision 1 within 
        three years of the first of two or more previous convictions 
        under this section or sections 609.221 to 609.2231, 609.2242, or 
        609.713 is guilty of a felony and may be sentenced to 
        imprisonment for not more than five years or to payment of a 
        fine of not more than $10,000, or both. 
           Sec. 23.  [609.2243] [SENTENCING; REPEAT DOMESTIC ASSAULT.] 
           Subdivision 1.  [GROSS MISDEMEANOR.] A person convicted of 
        gross misdemeanor domestic assault under section 609.2242, 
        subdivision 2, shall be sentenced to a minimum of 20 days 
        imprisonment, at least 96 hours of which must be served 
        consecutively.  The court may stay execution of the minimum 
        sentence required under this subdivision on the condition that 
        the person sentenced complete anger therapy or counseling and 
        fulfill any other condition, as ordered by the court; provided, 
        however, that the court shall revoke the stay of execution and 
        direct the person to be taken into immediate custody if it 
        appears that the person failed to attend or complete the ordered 
        therapy or counseling, or violated any other condition of the 
        stay of execution.  If the court finds at the revocation hearing 
        required under section 609.14, subdivision 2, that the person 
        failed to attend or complete the ordered therapy, or violated 
        any other condition of the stay of execution, the court shall 
        order execution of the sentence previously imposed. 
           Subd. 2.  [FELONY.] (a) Except as otherwise provided in 
        paragraph (b), in determining an appropriate disposition for 
        felony domestic assault under section 609.2242, subdivision 4, 
        the court shall presume that a stay of execution with at least a 
        45-day period of incarceration as a condition of probation shall 
        be imposed.  If the court imposes a stay of execution with a 
        period of incarceration as a condition of probation, at least 15 
        days must be served consecutively. 
           (b) If the defendant's criminal history score, determined 
        according to the sentencing guidelines, indicates a presumptive 
        executed sentence, that sentence shall be imposed unless the 
        court departs from the sentencing guidelines pursuant to section 
        244.10.  A stay of imposition of sentence under this paragraph 
        may be granted only if accompanied by a statement on the record 
        of the reasons for it. 
           Sec. 24.  [609.2244] [DOMESTIC ABUSE ASSESSMENTS.] 
           Subdivision 1.  [DOMESTIC ABUSE ASSESSMENT.] A domestic 
        abuse assessment must be conducted and an assessment report 
        submitted to the court by the county agency responsible for 
        administering the assessment when: 
           (1) a defendant is convicted of an offense described in 
        section 518B.01, subdivision 2; or 
           (2) a defendant is arrested for committing an offense 
        described in section 518B.01, subdivision 2, but is convicted of 
        another offense arising out of the same circumstances 
        surrounding the arrest. 
           Subd. 2.  [REPORT.] (a) The assessment report must contain 
        an evaluation of the convicted defendant including the 
        circumstances of the offense, impact on the victim, the 
        defendant's prior record, characteristics and history of alcohol 
        and chemical use problems, and amenability to domestic abuse 
        counseling programs.  The report is classified as private data 
        on individuals as defined in section 13.02, subdivision 12. 
           (b) The assessment report must include: 
           (1) a recommendation on any limitations on contact with the 
        victim; 
           (2) a recommendation for the defendant to enter and 
        successfully complete domestic abuse counseling and any 
        aftercare found necessary by the assessment; 
           (3) a recommendation for chemical dependency evaluation and 
        treatment as determined by the evaluation whenever alcohol or 
        drugs were found to be a contributing factor to the offense; 
           (4) recommendations for other appropriate remedial action 
        or care, which may consist of educational programs, one-on-one 
        counseling, a program or type of treatment that addresses mental 
        health concerns, or a specific explanation why no level of care 
        or action is recommended; and 
           (5) consequences for failure to abide by conditions set up 
        by the court. 
           Subd. 3.  [ASSESSOR STANDARDS; RULES; ASSESSMENT TIME 
        LIMITS.] A domestic abuse assessment required by this section 
        must be conducted by an assessor approved by the court, the 
        local corrections department, or the commissioner of 
        corrections.  The assessor shall have access to any police 
        reports, or other law enforcement data relating to the current 
        offense or previous offenses that are necessary to complete the 
        evaluation.  An assessor providing an assessment under this 
        section may not have any direct or shared financial interest or 
        referral relationship resulting in shared financial gain with a 
        treatment provider.  An appointment for the defendant to undergo 
        the assessment shall be made by the court, a court services 
        probation officer, or court administrator as soon as possible 
        but in no case more than one week after the defendant's court 
        appearance.  The assessment must be completed no later than 
        three weeks after the defendant's court date. 
           Subd. 4.  [DOMESTIC ABUSE ASSESSMENT FEE.] When the court 
        sentences a person convicted of an offense described in section 
        518B.01, subdivision 2, the court shall impose a domestic abuse 
        assessment fee of $125.  This fee must be imposed whether the 
        sentence is executed, stayed, or suspended.  The court may not 
        waive payment or authorize payment of the fee in installments 
        unless it makes written findings on the record that the 
        convicted person is indigent or that the fee would create undue 
        hardship for the convicted person or that person's immediate 
        family.  The person convicted of the offense and ordered to pay 
        the fee shall pay the fee to the county corrections department 
        or other designated agencies conducting the assessment. 
           Sec. 25.  [609.2246] [TATTOOS; MINORS.] 
           Subdivision 1.  [REQUIREMENTS.] No person under the age of 
        18 may receive a tattoo unless the person provides written 
        parental consent to the tattoo.  The consent must include both 
        the custodial and noncustodial parents, where applicable. 
           Subd. 2.  [DEFINITION.] For the purposes of this section, 
        "tattoo" means an indelible mark or figure fixed on the body by 
        insertion of pigment under the skin or by production of scars. 
           Subd. 3.  [PENALTY.] A person who provides a tattoo to a 
        minor in violation of this section is guilty of a misdemeanor. 
           Sec. 26.  Minnesota Statutes 1995 Supplement, section 
        609.3451, subdivision 1, is amended to read: 
           Subdivision 1.  [CRIME DEFINED.] A person is guilty of 
        criminal sexual conduct in the fifth degree: 
           (1) if the person engages in nonconsensual sexual contact; 
        or 
           (2) the person engages in masturbation or lewd exhibition 
        of the genitals in the presence of a minor under the age of 16, 
        knowing or having reason to know the minor is present.  
           For purposes of this section, "sexual contact" has the 
        meaning given in section 609.341, subdivision 11, paragraph (a), 
        clauses (i) and (iv), but does not include the intentional 
        touching of the clothing covering the immediate area of the 
        buttocks.  Sexual contact also includes the intentional removal 
        or attempted removal of clothing covering the complainant's 
        intimate parts or undergarments, and the nonconsensual touching 
        by the complainant of the actor's intimate parts, effected by 
        the actor, if the action is performed with sexual or aggressive 
        intent. 
           Sec. 27.  Minnesota Statutes 1994, section 609.3451, is 
        amended by adding a subdivision to read: 
           Subd. 3.  [FELONY.] A person is guilty of a felony and may 
        be sentenced to imprisonment for not more than five years or to 
        payment of a fine of not more than $10,000, or both, if the 
        person violates subdivision 1, clause (2), after having been 
        previously convicted of or adjudicated delinquent for violating 
        subdivision 1, clause (2); section 617.23, paragraph (b), clause 
        (1); or a statute from another state in conformity with 
        subdivision 1, clause (2), or section 617.23, paragraph (b), 
        clause (1). 
           Sec. 28.  Minnesota Statutes 1995 Supplement, section 
        609.485, subdivision 2, is amended to read: 
           Subd. 2.  [ACTS PROHIBITED.] Whoever does any of the 
        following may be sentenced as provided in subdivision 4: 
           (1) escapes while held in lawful custody on a charge or 
        conviction of a crime, or while held in lawful custody on an 
        allegation or adjudication of a delinquent act while 18 years of 
        age; 
           (2) transfers to another, who is in lawful custody on a 
        charge or conviction of a crime, or introduces into an 
        institution in which the latter is confined, anything usable in 
        making such escape, with intent that it shall be so used; 
           (3) having another in lawful custody on a charge or 
        conviction of a crime, intentionally permits the other to 
        escape; 
           (4) escapes while in a facility designated under section 
        253B.18, subdivision 1, pursuant to a court commitment order 
        after a finding of not guilty by reason of mental illness or 
        mental deficiency of a crime against the person, as defined in 
        section 253B.02, subdivision 4a.  Notwithstanding section 
        609.17, no person may be charged with or convicted of an attempt 
        to commit a violation of this clause; or 
           (5) escapes while in a facility designated under section 
        253B.18, subdivision 1, pursuant to a court commitment order 
        under section 253B.185 or 526.10. 
           For purposes of clause (1), "escapes while held in lawful 
        custody" includes absconding from electronic monitoring or 
        absconding after removing an electronic monitoring device from 
        the person's body. 
           Sec. 29.  Minnesota Statutes 1995 Supplement, section 
        609.485, subdivision 4, is amended to read: 
           Subd. 4.  [SENTENCE.] (a) Except as otherwise provided in 
        subdivision 3a, whoever violates this section may be sentenced 
        as follows: 
           (1) if the person who escapes is in lawful custody on a 
        charge or conviction of a felony, to imprisonment for not more 
        than five years or to payment of a fine of not more than 
        $10,000, or both; 
           (2) if the person who escapes is in lawful custody after a 
        finding of not guilty by reason of mental illness or mental 
        deficiency of a crime against the person, as defined in section 
        253B.02, subdivision 4a, or pursuant to a court commitment order 
        under section 253B.185 or 526.10, to imprisonment for not more 
        than one year and one day or to payment of a fine of not more 
        than $3,000, or both; or 
           (3) if such charge or conviction is for a gross misdemeanor 
        or misdemeanor, or if the person who escapes is in lawful 
        custody on an allegation or adjudication of a delinquent act 
        while 18 years of age, to imprisonment for not more than one 
        year or to payment of a fine of not more than $3,000, or both.  
           (b) If the escape was a violation of subdivision 2, clause 
        (1), (2), or (3), and was effected by violence or threat of 
        violence against a person, the sentence may be increased to not 
        more than twice those permitted in paragraph (a), clauses (1) 
        and (3). 
           (c) Unless a concurrent term is specified by the court, a 
        sentence under this section shall be consecutive to any sentence 
        previously imposed or which may be imposed for any crime or 
        offense for which the person was in custody when the person 
        escaped. 
           (d) Notwithstanding paragraph (c), if a person who was 
        committed to the commissioner of corrections under section 
        260.185 escapes from the custody of the commissioner while 18 
        years of age, the person's sentence under this section shall 
        commence on the person's 19th birthday or on the person's date 
        of discharge by the commissioner of corrections, whichever 
        occurs first.  However, if the person described in this clause 
        is convicted under this section after becoming 19 years old and 
        after having been discharged by the commissioner, the person's 
        sentence shall commence upon imposition by the sentencing court. 
           (e) Notwithstanding paragraph (c), if a person who is in 
        lawful custody on an allegation or adjudication of a delinquent 
        act while 18 years of age escapes from a local juvenile 
        correctional facility, the person's sentence under this section 
        begins on the person's 19th birthday or on the person's date of 
        discharge from the jurisdiction of the juvenile court, whichever 
        occurs first.  However, if the person described in this 
        paragraph is convicted after becoming 19 years old and after 
        discharge from the jurisdiction of the juvenile court, the 
        person's sentence begins upon imposition by the sentencing court.
           Sec. 30.  Minnesota Statutes 1994, section 609.487, is 
        amended by adding a subdivision to read: 
           Subd. 5.  [REVOCATION; FLEEING PEACE OFFICER OFFENSE.] When 
        a person is convicted of operating a motor vehicle in violation 
        of subdivision 3 or 4, or an ordinance in conformity with those 
        subdivisions, the court shall notify the commissioner of public 
        safety and order the commissioner to revoke the driver's license 
        of the person. 
           Sec. 31.  Minnesota Statutes 1995 Supplement, section 
        609.52, subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] In this section: 
           (1) "Property" means all forms of tangible property, 
        whether real or personal, without limitation including documents 
        of value, electricity, gas, water, corpses, domestic animals, 
        dogs, pets, fowl, and heat supplied by pipe or conduit by 
        municipalities or public utility companies and articles, as 
        defined in clause (4), representing trade secrets, which 
        articles shall be deemed for the purposes of Extra Session Laws 
        1967, chapter 15 to include any trade secret represented by the 
        article. 
           (2) "Movable property" is property whose physical location 
        can be changed, including without limitation things growing on, 
        affixed to, or found in land. 
           (3) "Value" means the retail market value at the time of 
        the theft, or if the retail market value cannot be ascertained, 
        the cost of replacement of the property within a reasonable time 
        after the theft, or in the case of a theft or the making of a 
        copy of an article representing a trade secret, where the retail 
        market value or replacement cost cannot be ascertained, any 
        reasonable value representing the damage to the owner which the 
        owner has suffered by reason of losing an advantage over those 
        who do not know of or use the trade secret.  For a check, draft, 
        or other order for the payment of money, "value" means the 
        amount of money promised or ordered to be paid under the terms 
        of the check, draft, or other order.  For a theft committed 
        within the meaning of subdivision 2, clause (5), (a) and (b), if 
        the property has been restored to the owner, "value" means the 
        value of the use of the property or the damage which it 
        sustained, whichever is greater, while the owner was deprived of 
        its possession, but not exceeding the value otherwise provided 
        herein. 
           (4) "Article" means any object, material, device or 
        substance, including any writing, record, recording, drawing, 
        sample specimen, prototype, model, photograph, microorganism, 
        blueprint or map, or any copy of any of the foregoing. 
           (5) "Representing" means describing, depicting, containing, 
        constituting, reflecting or recording. 
           (6) "Trade secret" means information, including a formula, 
        pattern, compilation, program, device, method, technique, or 
        process, that:  
           (i) derives independent economic value, actual or 
        potential, from not being generally known to, and not being 
        readily ascertainable by proper means by, other persons who can 
        obtain economic value from its disclosure or use, and 
           (ii) is the subject of efforts that are reasonable under 
        the circumstances to maintain its secrecy. 
           (7) "Copy" means any facsimile, replica, photograph or 
        other reproduction of an article, and any note, drawing, or 
        sketch made of or from an article while in the presence of the 
        article. 
           (8) "Property of another" includes property in which the 
        actor is coowner or has a lien, pledge, bailment, or lease or 
        other subordinate interest, property transferred by the actor in 
        circumstances which are known to the actor and which make the 
        transfer fraudulent as defined in section 513.44, and property 
        of a partnership of which the actor is a member, unless the 
        actor and the victim are husband and wife.  It does not include 
        property in which the actor asserts in good faith a claim as a 
        collection fee or commission out of property or funds recovered, 
        or by virtue of a lien, setoff, or counterclaim.  
           (9) "Services" include but are not limited to labor, 
        professional services, transportation services, electronic 
        computer services, the supplying of hotel accommodations, 
        restaurant services, entertainment services, advertising 
        services, telecommunication services, and the supplying of 
        equipment for use.  
           (10) "Motor vehicle" means a self-propelled device for 
        moving persons or property or pulling implements from one place 
        to another, whether the device is operated on land, rails, 
        water, or in the air. 
           Sec. 32.  Minnesota Statutes 1994, section 609.52, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ACTS CONSTITUTING THEFT.] Whoever does any of 
        the following commits theft and may be sentenced as provided in 
        subdivision 3: 
           (1) intentionally and without claim of right takes, uses, 
        transfers, conceals or retains possession of movable property of 
        another without the other's consent and with intent to deprive 
        the owner permanently of possession of the property; or 
           (2) having a legal interest in movable property, 
        intentionally and without consent, takes the property out of the 
        possession of a pledgee or other person having a superior right 
        of possession, with intent thereby to deprive the pledgee or 
        other person permanently of the possession of the property; or 
           (3) obtains for the actor or another the possession, 
        custody, or title to property of or performance of services by a 
        third person by intentionally deceiving the third person with a 
        false representation which is known to be false, made with 
        intent to defraud, and which does defraud the person to whom it 
        is made.  "False representation" includes without limitation: 
           (a) the issuance of a check, draft, or order for the 
        payment of money, except a forged check as defined in section 
        609.631, or the delivery of property knowing that the actor is 
        not entitled to draw upon the drawee therefor or to order the 
        payment or delivery thereof; or 
           (b) a promise made with intent not to perform.  Failure to 
        perform is not evidence of intent not to perform unless 
        corroborated by other substantial evidence; or 
           (c) the preparation or filing of a claim for reimbursement, 
        a rate application, or a cost report used to establish a rate or 
        claim for payment for medical care provided to a recipient of 
        medical assistance under chapter 256B, which intentionally and 
        falsely states the costs of or actual services provided by a 
        vendor of medical care; or 
           (d) the preparation or filing of a claim for reimbursement 
        for providing treatment or supplies required to be furnished to 
        an employee under section 176.135 which intentionally and 
        falsely states the costs of or actual treatment or supplies 
        provided; or 
           (e) the preparation or filing of a claim for reimbursement 
        for providing treatment or supplies required to be furnished to 
        an employee under section 176.135 for treatment or supplies that 
        the provider knew were medically unnecessary, inappropriate, or 
        excessive; or 
           (4) by swindling, whether by artifice, trick, device, or 
        any other means, obtains property or services from another 
        person; or 
           (5) intentionally commits any of the acts listed in this 
        subdivision but with intent to exercise temporary control only 
        and: 
           (a) the control exercised manifests an indifference to the 
        rights of the owner or the restoration of the property to the 
        owner; or 
           (b) the actor pledges or otherwise attempts to subject the 
        property to an adverse claim; or 
           (c) the actor intends to restore the property only on 
        condition that the owner pay a reward or buy back or make other 
        compensation; or 
           (6) finds lost property and, knowing or having reasonable 
        means of ascertaining the true owner, appropriates it to the 
        finder's own use or to that of another not entitled thereto 
        without first having made reasonable effort to find the owner 
        and offer and surrender the property to the owner; or 
           (7) intentionally obtains property or services, offered 
        upon the deposit of a sum of money or tokens in a coin or token 
        operated machine or other receptacle, without making the 
        required deposit or otherwise obtaining the consent of the 
        owner; or 
           (8) intentionally and without claim of right converts any 
        article representing a trade secret, knowing it to be such, to 
        the actor's own use or that of another person or makes a copy of 
        an article representing a trade secret, knowing it to be such, 
        and intentionally and without claim of right converts the same 
        to the actor's own use or that of another person.  It shall be a 
        complete defense to any prosecution under this clause for the 
        defendant to show that information comprising the trade secret 
        was rightfully known or available to the defendant from a source 
        other than the owner of the trade secret; or 
           (9) leases or rents personal property under a written 
        instrument and who with intent to place the property beyond the 
        control of the lessor conceals or aids or abets the concealment 
        of the property or any part thereof, or any lessee of the 
        property who sells, conveys, or encumbers the property or any 
        part thereof without the written consent of the lessor, without 
        informing the person to whom the lessee sells, conveys, or 
        encumbers that the same is subject to such lease and with intent 
        to deprive the lessor of possession thereof.  Evidence that a 
        lessee used a false or fictitious name or address in obtaining 
        the property or fails or refuses to return the property to 
        lessor within five days after written demand for the return has 
        been served personally in the manner provided for service of 
        process of a civil action or sent by certified mail to the last 
        known address of the lessee, whichever shall occur later, shall 
        be evidence of intent to violate this clause.  Service by 
        certified mail shall be deemed to be complete upon deposit in 
        the United States mail of such demand, postpaid and addressed to 
        the person at the address for the person set forth in the lease 
        or rental agreement, or, in the absence of the address, to the 
        person's last known place of residence; or 
           (10) alters, removes, or obliterates numbers or symbols 
        placed on movable property for purpose of identification by the 
        owner or person who has legal custody or right to possession 
        thereof with the intent to prevent identification, if the person 
        who alters, removes, or obliterates the numbers or symbols is 
        not the owner and does not have the permission of the owner to 
        make the alteration, removal, or obliteration; or 
           (11) with the intent to prevent the identification of 
        property involved, so as to deprive the rightful owner of 
        possession thereof, alters or removes any permanent serial 
        number, permanent distinguishing number or manufacturer's 
        identification number on personal property or possesses, sells 
        or buys any personal property with knowledge knowing or having 
        reason to know that the permanent serial number, permanent 
        distinguishing number or manufacturer's identification number 
        has been removed or altered; or 
           (12) intentionally deprives another of a lawful charge for 
        cable television service by: 
           (i) making or using or attempting to make or use an 
        unauthorized external connection outside the individual dwelling 
        unit whether physical, electrical, acoustical, inductive, or 
        other connection, or by 
           (ii) attaching any unauthorized device to any cable, wire, 
        microwave, or other component of a licensed cable communications 
        system as defined in chapter 238.  Nothing herein shall be 
        construed to prohibit the electronic video rerecording of 
        program material transmitted on the cable communications system 
        by a subscriber for fair use as defined by Public Law Number 
        94-553, section 107; or 
           (13) except as provided in paragraphs (12) and (14), 
        obtains the services of another with the intention of receiving 
        those services without making the agreed or reasonably expected 
        payment of money or other consideration; or 
           (14) intentionally deprives another of a lawful charge for 
        telecommunications service by:  
           (i) making, using, or attempting to make or use an 
        unauthorized connection whether physical, electrical, by wire, 
        microwave, radio, or other means to a component of a local 
        telecommunication system as provided in chapter 237; or 
           (ii) attaching an unauthorized device to a cable, wire, 
        microwave, radio, or other component of a local 
        telecommunication system as provided in chapter 237.  
           The existence of an unauthorized connection is prima facie 
        evidence that the occupier of the premises:  
           (i) made or was aware of the connection; and 
           (ii) was aware that the connection was unauthorized; or 
           (15) with intent to defraud, diverts corporate property 
        other than in accordance with general business purposes or for 
        purposes other than those specified in the corporation's 
        articles of incorporation; or 
           (16) with intent to defraud, authorizes or causes a 
        corporation to make a distribution in violation of section 
        302A.551, or any other state law in conformity with it; or 
           (17) intentionally takes or drives a motor vehicle without 
        the consent of the owner or an authorized agent of the owner. 
           Sec. 33.  Minnesota Statutes 1994, section 609.583, is 
        amended to read: 
           609.583 [SENTENCING; FIRST BURGLARY OF A DWELLING.] 
           Except as provided in section 609.582, subdivision 1a, in 
        determining an appropriate disposition for a first offense of 
        burglary of a dwelling, the court shall presume that a stay of 
        execution with at least a 90-day period of incarceration as a 
        condition of probation shall be imposed unless the defendant's 
        criminal history score determined according to the sentencing 
        guidelines indicates a presumptive executed sentence, in which 
        case the presumptive executed sentence shall be imposed unless 
        the court departs from the sentencing guidelines pursuant to 
        section 244.10.  A stay of imposition of sentence may be granted 
        only if accompanied by a statement on the record of the reasons 
        for it.  The presumptive period of incarceration may be waived 
        in whole or in part by the court if the defendant provides 
        restitution or performs community work service. 
           Sec. 34.  [609.586] [POSSESSION OF CODE GRABBING DEVICES; 
        PENALTY.] 
           Subdivision 1.  [DEFINITION.] As used in this section, 
        "code grabbing device" means a device that can receive and 
        record the coded signal sent by the transmitter of a security or 
        other electronic system and can play back the signal to disarm 
        or operate that system. 
           Subd. 2.  [CRIME.] Whoever possesses a code grabbing device 
        with intent to use the device to commit an unlawful act may be 
        sentenced to imprisonment for not more than three years or to 
        payment of a fine of not more than $5,000, or both. 
           Sec. 35.  Minnesota Statutes 1994, section 609.596, is 
        amended to read: 
           609.596 [KILLING OR HARMING A POLICE, CORRECTIONS OR ARSON 
        DOG.] 
           Subdivision 1.  [FELONY.] Whoever intentionally and without 
        justification causes the death of a police dog or an arson dog 
        when the dog is involved in law enforcement, fire, or 
        correctional investigation or apprehension, or the dog is in the 
        custody of or under the control of a peace officer, as defined 
        in section 626.84, subdivision 1, paragraph (c), or an employee 
        of a correctional facility, as defined in section 241.021, 
        subdivision 1, clause (5), is guilty of a felony and may be 
        sentenced to imprisonment for not more than two years or to 
        payment of a fine of not more than $4,000 $5,000, or both.  In 
        lieu of a fine, the court may order a defendant convicted under 
        this subdivision to pay restitution to the affected agency to 
        replace the police dog or arson dog, in an amount not to exceed 
        $5,000. 
           Subd. 2.  [GROSS MISDEMEANOR.] Whoever intentionally and 
        without justification causes substantial or great bodily harm to 
        a police dog or an arson dog when the dog is involved in law 
        enforcement, fire, or correctional investigation or 
        apprehension, or the dog is in the custody of or under the 
        control of a peace officer or an employee of a correctional 
        facility, as defined in section 241.021, subdivision 1, clause 
        (5), is guilty of a gross misdemeanor. 
           Subd. 3.  [DEFINITION.] As used in this section, "arson 
        dog" means a dog that has been certified as an arson dog by a 
        state fire or police agency or by an independent testing 
        laboratory. 
           Sec. 36.  Minnesota Statutes 1994, section 609.611, is 
        amended to read: 
           609.611 [DEFRAUDING INSURER INSURANCE FRAUD.] 
           Subdivision 1.  [DEFRAUD; DAMAGES OR CONCEALS PROPERTY 
        INSURANCE FRAUD PROHIBITED.] Whoever with intent to injure or 
        defraud an insurer, damages, removes, or conceals any property 
        real or personal, whether the actor's own or that of another, 
        which is at the time insured by any person, firm, or corporation 
        against loss or damage; 
           (a) May be sentenced to imprisonment for not more than 
        three years or to payment of fine of not more than $5,000, or 
        both if the value insured for is less than $20,000; or 
           (b) May be sentenced to imprisonment for not more than five 
        years or to payment of fine of not more than $10,000, or both if 
        the value insured for is $20,000 or greater; 
           (c) Proof that the actor recovered or attempted to recover 
        on a policy of insurance by reason of the alleged loss is 
        relevant but not essential to establish the actor's intent to 
        defraud the insurer. the intent to defraud for the purpose of 
        depriving another of property or for pecuniary gain, commits, or 
        permits its employees or its agents to commit any of the 
        following acts, is guilty of insurance fraud and may be 
        sentenced as provided in subdivision 3: 
           (a) Presents, causes to be presented, or prepares with 
        knowledge or reason to believe that it will be presented, by or 
        on behalf of an insured, claimant, or applicant to an insurer, 
        insurance professional, or premium finance company in connection 
        with an insurance transaction or premium finance transaction, 
        any information that contains a false representation as to any 
        material fact, or that conceals a material fact concerning any 
        of the following: 
           (1) an application for, rating of, or renewal of, an 
        insurance policy; 
           (2) a claim for payment or benefit under an insurance 
        policy; 
           (3) a payment made according to the terms of an insurance 
        policy; 
           (4) an application used in a premium finance transaction; 
           (b) Presents, causes to be presented, or prepares with 
        knowledge or reason to believe that it will be presented, to or 
        by an insurer, insurance professional, or a premium finance 
        company in connection with an insurance transaction or premium 
        finance transaction, any information that contains a false 
        representation as to any material fact, or that conceals a 
        material fact, concerning any of the following: 
           (1) a solicitation for sale of an insurance policy or 
        purported insurance policy; 
           (2) an application for certificate of authority; 
           (3) the financial condition of an insurer; or 
           (4) the acquisition, formation, merger, affiliation, or 
        dissolution of an insurer; 
           (c) Solicits or accepts new or renewal insurance risks by 
        or for an insolvent insurer; 
           (d) Removes the assets or any record of assets, 
        transactions, and affairs or any material part thereof, from the 
        home office or other place of business of an insurer, or from 
        the place of safekeeping of an insurer, or destroys or 
        sequesters the same from the department of commerce. 
           (e) Diverts, misappropriates, converts, or embezzles funds 
        of an insurer, insured, claimant, or applicant for insurance in 
        connection with: 
           (1) an insurance transaction; 
           (2) the conducting of business activities by an insurer or 
        insurance professional; or 
           (3) the acquisition, formation, merger, affiliation, or 
        dissolution of any insurer. 
           Subd. 2.  [DEFRAUD; FALSE LOSS CLAIM STATUTE OF 
        LIMITATIONS.] Whoever intentionally makes a claim to an 
        insurance company that personal property was lost, stolen, 
        damaged, destroyed, misplaced, or disappeared, knowing the claim 
        to be false may be sentenced as provided in section 609.52, 
        subdivision 3.  The applicable statute of limitations provision 
        under section 628.26 shall not begin to run until the insurance 
        company or law enforcement agency is aware of the fraud, but in 
        no event may the prosecution be commenced later than seven years 
        after the claim was made act has occurred. 
           Subd. 3.  [SENTENCE.] Whoever violates this provision may 
        be sentenced as provided in section 609.52, subdivision 3, based 
        on the greater of (i) the value of property, services, or other 
        benefit wrongfully obtained or attempted to obtain, or (ii) the 
        aggregate economic loss suffered by any person as a result of 
        the violation.  A person convicted of a violation of this 
        section must be ordered to pay restitution to persons aggrieved 
        by the violation.  Restitution must be ordered in addition to a 
        fine or imprisonment but not in lieu of a fine or imprisonment. 
           Subd. 4.  [DEFINITIONS.] (a) "Insurance policy" means the 
        written instrument in which are set forth the terms of any 
        certificate of insurance, binder of coverage, or contract of 
        insurance (including a certificate, binder, or contract issued 
        by a state-assigned risk plan); benefit plan; nonprofit hospital 
        service plan; motor club service plan; or surety bond, cash 
        bond, or any other alternative to insurance authorized by a 
        state's financial responsibility act. 
           (b) "Insurance professional" means sales agents, agencies, 
        managing general agents, brokers, producers, claims 
        representatives, adjusters, and third-party administrators. 
           (c) "Insurance transaction" means a transaction by, between 
        or among:  (1) an insurer or a person who acts on behalf of an 
        insurer; and (2) an insured, claimant, applicant for insurance, 
        public adjuster, insurance professional, practitioner, or any 
        person who acts on behalf of any of the foregoing, for the 
        purpose of obtaining insurance or reinsurance, calculating 
        insurance premiums, submitting a claim, negotiating or adjusting 
        a claim, or otherwise obtaining insurance, self-insurance, or 
        reinsurance or obtaining the benefits thereof or therefrom. 
           (d) "Insurer" means a person purporting to engage in the 
        business of insurance or authorized to do business in the state 
        or subject to regulation by the state, who undertakes to 
        indemnify another against loss, damage or liability arising from 
        a contingent or unknown event.  Insurer includes, but is not 
        limited to, an insurance company; self-insurer; reinsurer; 
        reciprocal exchange; interinsurer; risk retention group; Lloyd's 
        insurer; fraternal benefit society; surety; medical service, 
        dental, optometric, or any other similar health service plan; 
        and any other legal entity engaged or purportedly engaged in the 
        business of insurance, including any person or entity that falls 
        within the definition of insurer found within section 60A.951, 
        subdivision 5. 
           (e) "Premium" means consideration paid or payable for 
        coverage under an insurance policy.  Premium includes any 
        payment, whether due within the insurance policy term or 
        otherwise, and any deductible payment, whether advanced by the 
        insurer or insurance professional and subject to reimbursement 
        by the insured or otherwise, any self insured retention or 
        payment, whether advanced by the insurer or insurance 
        professional and subject to reimbursement by the insured or 
        otherwise, and any collateral or security to be provided to 
        collateralize obligations to pay any of the above. 
           (f) "Premium finance company" means a person engaged or 
        purporting to engage in the business of advancing money, 
        directly or indirectly, to an insurer or producer at the request 
        of an insured under the terms of a premium finance agreement, 
        including but not limited to, loan contracts, notes, agreements 
        or obligations, wherein the insured has assigned the unearned 
        premiums, accrued dividends, or loss payments as security for 
        such advancement in payment of premiums on insurance policies 
        only, but does not include the financing of insurance premiums 
        purchased in connection with the financing of goods or services. 
           (g) "Premium finance transaction" means a transaction by, 
        between, or among an insured, a producer or other party claiming 
        to act on behalf of an insured and a third-party premium finance 
        company, for the purposes of purportedly or actually advancing 
        money directly or indirectly to an insurer or producer at the 
        request of an insured under the terms of a premium finance 
        agreement, wherein the insured has assigned the unearned 
        premiums, accrued dividends or loan payments as security for 
        such advancement in payment of premiums on insurance policies 
        only, but does not include the financing of insurance premiums 
        purchased in connection with the financing of goods or services. 
           Sec. 37.  Minnesota Statutes 1995 Supplement, section 
        617.23, is amended to read: 
           617.23 [INDECENT EXPOSURE; PENALTIES.] 
           (a) A person is guilty of a misdemeanor who in any public 
        place, or in any place where others are present:  
           (1) willfully and lewdly exposes the person's body, or the 
        private parts thereof; 
           (2) procures another to expose private parts; or 
           (3) engages in any open or gross lewdness or lascivious 
        behavior, or any public indecency other than behavior specified 
        in clause (1) or (2) or this clause. 
           (b) A person is guilty of a gross misdemeanor if: 
           (1) the person violates this section in the presence of a 
        minor under the age of 16; or 
           (2) the person violates this section after having been 
        previously convicted of violating this section, sections 609.342 
        to 609.3451, or a statute from another state in conformity with 
        any of those sections. 
           (c) A person is guilty of a felony and may be sentenced to 
        imprisonment for not more than five years or to payment of a 
        fine of not more than $10,000, or both, if the person violates 
        paragraph (b), clause (1), after having been previously 
        convicted of or adjudicated delinquent for violating paragraph 
        (b), clause (1); section 609.3451, subdivision 1, clause (2); or 
        a statute from another state in conformity with paragraph (b), 
        clause (1), or section 609.3451, subdivision 1, clause (2). 
           Sec. 38.  [INSURANCE FRAUD REVOLVING ACCOUNT.] 
           The attorney general shall deposit in a separate account in 
        the state treasury all money voluntarily contributed by 
        insurance companies for the investigation and prosecution of 
        insurance fraud.  Money in the account is appropriated to the 
        attorney general for that purpose. 
           Sec. 39.  [SENTENCING GUIDELINES MODIFICATIONS.] 
           Pursuant to Minnesota Statutes, section 244.09, the 
        proposed modifications to the sentencing guidelines regarding 
        the adjustment of increases in durations across criminal history 
        at severity levels I through VI contained on page 11 of the 
        January 1996, Minnesota sentencing guidelines commission's 
        report to the legislature, shall not take effect until August 1, 
        1997. 
           Sec. 40.  [REPEALER.] 
           Minnesota Statutes 1994, section 609.495, subdivision 2, is 
        repealed. 
           Sec. 41.  [EFFECTIVE DATE.] 
           Sections 1, 10 to 23, 25 to 32, and 34 to 38 are effective 
        August 1, 1996, and apply to offenses committed on or after that 
        date. 
           Sections 2 to 9 are effective August 1, 1996, and apply to 
        demands for proof of insurance made on or after that date. 
           Section 24 is effective March 1, 1997, and applies to 
        offenses committed on or after that date. 
           Section 33 is effective August 1, 1996. 
                                   ARTICLE 4 
                                    FIREARMS
           Section 1.  Minnesota Statutes 1995 Supplement, section 
        518B.01, subdivision 14, is amended to read: 
           Subd. 14.  [VIOLATION OF AN ORDER FOR PROTECTION.] (a) 
        Whenever an order for protection is granted pursuant to this 
        section, and the respondent or person to be restrained knows of 
        the order, violation of the order for protection is a 
        misdemeanor.  Upon conviction, the defendant must be sentenced 
        to a minimum of three days imprisonment and must be ordered to 
        participate in counseling or other appropriate programs selected 
        by the court.  If the court stays imposition or execution of the 
        jail sentence and the defendant refuses or fails to comply with 
        the court's treatment order, the court must impose and execute 
        the stayed jail sentence.  A person is guilty of a gross 
        misdemeanor who violates this paragraph during the time period 
        between a previous conviction under this paragraph; sections 
        609.221 to 609.224; 609.2242; 609.713, subdivision 1 or 3; 
        609.748, subdivision 6; 609.749; or a similar law of another 
        state and the end of the five years following discharge from 
        sentence for that conviction.  Upon conviction, the defendant 
        must be sentenced to a minimum of ten days imprisonment and must 
        be ordered to participate in counseling or other appropriate 
        programs selected by the court.  Notwithstanding section 
        609.135, the court must impose and execute the minimum sentence 
        provided in this paragraph for gross misdemeanor convictions. 
           (b) A peace officer shall arrest without a warrant and take 
        into custody a person whom the peace officer has probable cause 
        to believe has violated an order granted pursuant to this 
        section restraining the person or excluding the person from the 
        residence or the petitioner's place of employment, even if the 
        violation of the order did not take place in the presence of the 
        peace officer, if the existence of the order can be verified by 
        the officer.  The person shall be held in custody for at least 
        36 hours, excluding the day of arrest, Sundays, and holidays, 
        unless the person is released earlier by a judge or judicial 
        officer.  A peace officer acting in good faith and exercising 
        due care in making an arrest pursuant to this paragraph is 
        immune from civil liability that might result from the officer's 
        actions. 
           (c) A violation of an order for protection shall also 
        constitute contempt of court and be subject to the penalties 
        therefor.  
           (d) If the court finds that the respondent has violated an 
        order for protection and that there is reason to believe that 
        the respondent will commit a further violation of the provisions 
        of the order restraining the respondent from committing acts of 
        domestic abuse or excluding the respondent from the petitioner's 
        residence, the court may require the respondent to acknowledge 
        an obligation to comply with the order on the record.  The court 
        may require a bond sufficient to deter the respondent from 
        committing further violations of the order for protection, 
        considering the financial resources of the respondent, and not 
        to exceed $10,000.  If the respondent refuses to comply with an 
        order to acknowledge the obligation or post a bond under this 
        paragraph, the court shall commit the respondent to the county 
        jail during the term of the order for protection or until the 
        respondent complies with the order under this paragraph.  The 
        warrant must state the cause of commitment, with the sum and 
        time for which any bond is required.  If an order is issued 
        under this paragraph, the court may order the costs of the 
        contempt action, or any part of them, to be paid by the 
        respondent.  An order under this paragraph is appealable.  
           (e) Upon the filing of an affidavit by the petitioner, any 
        peace officer, or an interested party designated by the court, 
        alleging that the respondent has violated any order for 
        protection granted pursuant to this section, the court may issue 
        an order to the respondent, requiring the respondent to appear 
        and show cause within 14 days why the respondent should not be 
        found in contempt of court and punished therefor.  The hearing 
        may be held by the court in any county in which the petitioner 
        or respondent temporarily or permanently resides at the time of 
        the alleged violation.  The court also shall refer the violation 
        of the order for protection to the appropriate prosecuting 
        authority for possible prosecution under paragraph (a). 
           (f) If it is alleged that the respondent has violated an 
        order for protection issued under subdivision 6 and the court 
        finds that the order has expired between the time of the alleged 
        violation and the court's hearing on the violation, the court 
        may grant a new order for protection under subdivision 6 based 
        solely on the respondent's alleged violation of the prior order, 
        to be effective until the hearing on the alleged violation of 
        the prior order.  If the court finds that the respondent has 
        violated the prior order, the relief granted in the new order 
        for protection shall be extended for a fixed period, not to 
        exceed one year, except when the court determines a longer fixed 
        period is appropriate. 
           (g) The admittance into petitioner's dwelling of an abusing 
        party excluded from the dwelling under an order for protection 
        is not a violation by the petitioner of the order for protection.
           A peace officer is not liable under section 609.43, clause 
        (1), for a failure to perform a duty required by paragraph (b). 
           (h) When a person is convicted of violating an order for 
        protection under this section and the court determines that the 
        person used a firearm in any way during commission of the 
        violation, the court may order that the person is prohibited 
        from possessing any type of firearm for any period longer than 
        three years or for the remainder of the person's life.  A person 
        who violates this paragraph is guilty of a gross misdemeanor.  
        At the time of the conviction, the court shall inform the 
        defendant whether and for how long the defendant is prohibited 
        from possessing a firearm and that it is a gross misdemeanor to 
        violate this paragraph.  The failure of the court to provide 
        this information to a defendant does not affect the 
        applicability of the firearm possession prohibition or the gross 
        misdemeanor penalty to that defendant. 
           (i) Except as otherwise provided in paragraph (h), when a 
        person is convicted of violating an order for protection under 
        this section, the court shall inform the defendant that the 
        defendant is prohibited from possessing a pistol for three years 
        from the date of conviction and that it is a gross misdemeanor 
        offense to violate this prohibition.  The failure of the court 
        to provide this information to a defendant does not affect the 
        applicability of the pistol possession prohibition or the gross 
        misdemeanor penalty to that defendant. 
           (j) Except as otherwise provided in paragraph (h), a person 
        is not entitled to possess a pistol if the person has been 
        convicted after August 1, 1996, of violating an order for 
        protection under this section, unless three years have elapsed 
        from the date of conviction and, during that time, the person 
        has not been convicted of any other violation of this section.  
        Property rights may not be abated but access may be restricted 
        by the courts.  A person who possesses a pistol in violation of 
        this paragraph is guilty of a gross misdemeanor. 
           (k) If the court determines that a person convicted of 
        violating an order for protection under this section owns or 
        possesses a firearm and used it in any way during the commission 
        of the violation, it shall order that the firearm be summarily 
        forfeited under section 609.5316, subdivision 3. 
           Sec. 2.  Minnesota Statutes 1994, section 609.035, 
        subdivision 1, is amended to read: 
           Subdivision 1.  Except as provided in subdivision 2, 
        subdivision 3, and in sections 609.251, 609.585, 609.21, 
        subdivisions 3 and 4, 609.2691, 609.486, 609.494, and 609.856, 
        if a person's conduct constitutes more than one offense under 
        the laws of this state, the person may be punished for only one 
        of the offenses and a conviction or acquittal of any one of them 
        is a bar to prosecution for any other of them.  All the 
        offenses, if prosecuted, shall be included in one prosecution 
        which shall be stated in separate counts. 
           Sec. 3.  Minnesota Statutes 1994, section 609.035, is 
        amended by adding a subdivision to read: 
           Subd. 3.  [EXCEPTION; FIREARMS OFFENSES.] Notwithstanding 
        section 609.04, a prosecution for or conviction of a violation 
        of section 609.165 or 624.713, subdivision 1, clause (b), is not 
        a bar to conviction of or punishment for any other crime 
        committed by the defendant as part of the same conduct.  
           Sec. 4.  Minnesota Statutes 1994, section 609.11, 
        subdivision 5, is amended to read: 
           Subd. 5.  [FIREARM.] (a) Except as otherwise provided in 
        paragraph (b), any defendant convicted of an offense listed in 
        subdivision 9 in which the defendant or an accomplice, at the 
        time of the offense, had in possession or used, whether by 
        brandishing, displaying, threatening with, or otherwise 
        employing, a firearm, shall be committed to the commissioner of 
        corrections for not less than three years, nor more than the 
        maximum sentence provided by law.  Any defendant convicted of a 
        second or subsequent offense in which the defendant or an 
        accomplice, at the time of the offense, had in possession or 
        used a firearm shall be committed to the commissioner of 
        corrections for not less than five years, nor more than the 
        maximum sentence provided by law.  
           (b) Any defendant convicted of violating section 609.165 or 
        624.713, subdivision 1, clause (b), shall be committed to the 
        commissioner of corrections for not less than 18 months, nor 
        more than the maximum sentence provided by law.  Any defendant 
        convicted of a second or subsequent violation of either of these 
        sections shall be committed to the commissioner of corrections 
        for not less than five years, nor more than the maximum sentence 
        provided by law. 
           Sec. 5.  Minnesota Statutes 1994, section 609.11, 
        subdivision 9, is amended to read: 
           Subd. 9.  [APPLICABLE OFFENSES.] The crimes for which 
        mandatory minimum sentences shall be served as provided in this 
        section are:  murder in the first, second, or third degree; 
        assault in the first, second, or third degree; burglary; 
        kidnapping; false imprisonment; manslaughter in the first or 
        second degree; aggravated robbery; simple robbery; criminal 
        sexual conduct under the circumstances described in sections 
        609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 
        1, clauses (a) to (f); and 609.344, subdivision 1, clauses (a) 
        to (e) and (h) to (j); escape from custody; arson in the first, 
        second, or third degree; drive-by shooting under section 609.66, 
        subdivision 1e; possession or other unlawful use of a firearm in 
        violation of section 609.165, subdivision 1b or 624.713, 
        subdivision 1, clause (b), a felony violation of chapter 152; or 
        any attempt to commit any of these offenses.  
           Sec. 6.  Minnesota Statutes 1995 Supplement, section 
        609.152, subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
        the following terms have the meanings given.  
           (b) "Conviction" means any of the following accepted and 
        recorded by the court:  a plea of guilty, a verdict of guilty by 
        a jury, or a finding of guilty by the court.  The term includes 
        a conviction by any court in Minnesota or another jurisdiction.  
           (c) "Prior conviction" means a conviction that occurred 
        before the offender committed the next felony resulting in a 
        conviction and before the offense for which the offender is 
        being sentenced under this section. 
           (d) "Violent crime" means a violation of or an attempt or 
        conspiracy to violate any of the following laws of this state or 
        any similar laws of the United States or any other state:  
        section 609.165; 609.185; 609.19; 609.195; 609.20; 609.205; 
        609.21; 609.221; 609.222; 609.223; 609.228; 609.235; 609.24; 
        609.245; 609.25; 609.255; 609.2661; 609.2662; 609.2663; 
        609.2664; 609.2665; 609.267; 609.2671; 609.268; 609.342; 
        609.343; 609.344; 609.345; 609.498, subdivision 1; 609.561; 
        609.562; 609.582, subdivision 1; 609.66, subdivision 1e; 
        609.687; 609.855, subdivision 5; any provision of sections 
        609.229; 609.377; 609.378; and 609.749; and 624.713 that is 
        punishable by a felony penalty; or any provision of chapter 152 
        that is punishable by a maximum sentence of 15 years or more. 
           Sec. 7.  Minnesota Statutes 1994, section 609.165, 
        subdivision 1b, is amended to read: 
           Subd. 1b.  [VIOLATION AND PENALTY.] (a) Any person who has 
        been convicted of a crime of violence, as defined in section 
        624.712, subdivision 5, and who ships, transports, possesses, or 
        receives a firearm in violation of subdivision 1a before ten 
        years have elapsed since the person was restored to civil 
        rights, commits a felony and may be sentenced to imprisonment 
        for not more than three 15 years or to payment of a fine of not 
        more than $6,000 $30,000, or both.  
           (b) Nothing in this section shall be construed to bar a 
        conviction and sentencing for a violation of section 624.713, 
        subdivision 1, clause (b) 2. 
           Sec. 8.  Minnesota Statutes 1995 Supplement, section 
        609.19, is amended to read: 
           609.19 [MURDER IN THE SECOND DEGREE.] 
           Subdivision 1.  [INTENTIONAL MURDER; DRIVE-BY SHOOTINGS.] 
        Whoever does any either of the following is guilty of murder in 
        the second degree and may be sentenced to imprisonment for not 
        more than 40 years:  
           (1) causes the death of a human being with intent to effect 
        the death of that person or another, but without 
        premeditation; or 
           (2) causes the death of a human being while committing or 
        attempting to commit a drive-by shooting in violation of section 
        609.66, subdivision 1e. 
           Subd. 2.  [UNINTENTIONAL MURDERS.] Whoever does either of 
        the following is guilty of unintentional murder in the second 
        degree and may be sentenced to imprisonment for not more than 40 
        years: 
           (1) causes the death of a human being, without intent to 
        effect the death of any person, while committing or attempting 
        to commit a felony offense other than criminal sexual conduct in 
        the first or second degree with force or violence or a drive-by 
        shooting; or 
           (3) (2) causes the death of a human being without intent to 
        effect the death of any person, while intentionally inflicting 
        or attempting to inflict bodily harm upon the victim, when the 
        perpetrator is restrained under an order for protection and the 
        victim is a person designated to receive protection under the 
        order.  As used in this clause, "order for protection" includes 
        an order for protection issued under chapter 518B; a harassment 
        restraining order issued under section 609.748; a court order 
        setting conditions of pretrial release or conditions of a 
        criminal sentence or juvenile court disposition; a restraining 
        order issued in a marriage dissolution action; and any order 
        issued by a court of another state or of the United States that 
        is similar to any of these orders. 
           Sec. 9.  Minnesota Statutes 1994, section 609.5316, 
        subdivision 3, is amended to read: 
           Subd. 3.  [WEAPONS AND BULLET-RESISTANT VESTS.] Weapons 
        used are contraband and must be summarily forfeited to the 
        appropriate agency upon conviction of the weapon's owner or 
        possessor for a controlled substance crime or; for any offense 
        of this chapter or chapter 624, or for a violation of an order 
        for protection under section 518B.01, subdivision 14.  
        Bullet-resistant vests, as defined in section 609.486, worn or 
        possessed during the commission or attempted commission of a 
        crime are contraband and must be summarily forfeited to the 
        appropriate agency upon conviction of the owner or possessor for 
        a controlled substance crime or for any offense of this 
        chapter.  Notwithstanding this subdivision, weapons used and 
        bullet-resistant vests worn or possessed may be forfeited 
        without a conviction under sections 609.531 to 609.5315. 
           Sec. 10.  Minnesota Statutes 1994, section 609.66, 
        subdivision 1a, is amended to read: 
           Subd. 1a.  [FELONY CRIMES; SILENCERS PROHIBITED; RECKLESS 
        DISCHARGE.] (a) Whoever does any of the following is guilty of a 
        felony and may be sentenced as provided in paragraph (b): 
           (1) sells or has in possession any device designed to 
        silence or muffle the discharge of a firearm; 
           (2) intentionally discharges a firearm under circumstances 
        that endanger the safety of another; or 
           (3) recklessly discharges a firearm within a municipality. 
           (b) A person convicted under paragraph (a) may be sentenced 
        as follows: 
           (1) if the act was a violation of paragraph (a), clause 
        (2), or if the act was a violation of paragraph (a), clause (1) 
        or (3) and was committed in a public housing zone, as defined in 
        section 152.01, subdivision 19, a school zone, as defined in 
        section 152.01, subdivision 14a, or a park zone, as defined in 
        section 152.01, subdivision 12a, to imprisonment for not more 
        than five years or to payment of a fine of not more than 
        $10,000, or both; or 
           (2) otherwise, to imprisonment for not more than two years 
        or to payment of a fine of not more than $5,000, or both. 
           Sec. 11.  Minnesota Statutes 1994, section 609.666, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] For purposes of this 
        section, the following words have the meanings given. 
           (a) "Firearm" means a device designed to be used as a 
        weapon, from which is expelled a projectile by the force of any 
        explosion or force of combustion. 
           (b) "Child" means a person under the age of 14 18 years. 
           (c) "Loaded" means the firearm has ammunition in the 
        chamber or magazine, if the magazine is in the firearm, unless 
        the firearm is incapable of being fired by a child who is likely 
        to gain access to the firearm. 
           Sec. 12.  Minnesota Statutes 1994, section 609.749, is 
        amended by adding a subdivision to read: 
           Subd. 8.  [STALKING; FIREARMS.] (a) When a person is 
        convicted of a harassment or stalking crime under this section 
        and the court determines that the person used a firearm in any 
        way during commission of the crime, the court may order that the 
        person is prohibited from possessing any type of firearm for any 
        period longer than three years or for the remainder of the 
        person's life.  A person who violates this paragraph is guilty 
        of a gross misdemeanor.  At the time of the conviction, the 
        court shall inform the defendant whether and for how long the 
        defendant is prohibited from possessing a firearm and that it is 
        a gross misdemeanor to violate this paragraph.  The failure of 
        the court to provide this information to a defendant does not 
        affect the applicability of the firearm possession prohibition 
        or the gross misdemeanor penalty to that defendant. 
           (b) Except as otherwise provided in paragraph (a), when a 
        person is convicted of a stalking or harassment crime under this 
        section, the court shall inform the defendant that the defendant 
        is prohibited from possessing a pistol for three years from the 
        date of conviction and that it is a gross misdemeanor offense to 
        violate this prohibition.  The failure of the court to provide 
        this information to a defendant does not affect the 
        applicability of the pistol possession prohibition or the gross 
        misdemeanor penalty to that defendant. 
           (c) Except as otherwise provided in paragraph (a), a person 
        is not entitled to possess a pistol if the person has been 
        convicted after August 1, 1996, of a stalking or harassment 
        crime under this section, unless three years have elapsed from 
        the date of conviction and, during that time, the person has not 
        been convicted of any other violation of this section.  Property 
        rights may not be abated but access may be restricted by the 
        courts.  A person who possesses a pistol in violation of this 
        paragraph is guilty of a gross misdemeanor. 
           (d) If the court determines that a person convicted of a 
        stalking or harassment crime under this section owns or 
        possesses a firearm and used it in any way during the commission 
        of the crime, it shall order that the firearm be summarily 
        forfeited under section 609.5316, subdivision 3. 
           Sec. 13.  Minnesota Statutes 1994, section 609.855, 
        subdivision 5, is amended to read: 
           Subd. 5.  [SHOOTING AT OR IN PUBLIC TRANSIT VEHICLE OR 
        FACILITY.] Whoever recklessly discharges a firearm at or in any 
        portion of a public transit vehicle or facility is guilty of a 
        felony and may be sentenced to imprisonment for not more than 
        three years or to payment of a fine of not more than $6,000, or 
        both.  If the transit vehicle or facility is occupied by any 
        person other than the offender, the person may be sentenced to 
        imprisonment for not more than five years or to payment of a 
        fine of not more than $10,000, or both. 
           Sec. 14.  Minnesota Statutes 1995 Supplement, section 
        624.712, subdivision 5, is amended to read: 
           Subd. 5.  [CRIME OF VIOLENCE.] "Crime of violence" includes 
        murder in the first, second, and third degrees, manslaughter in 
        the first and second degrees, aiding suicide, aiding attempted 
        suicide, felony violations of assault in the first, second, 
        third, and fourth degrees, assaults motivated by bias under 
        section 609.2231, subdivision 4, drive-by shootings, terroristic 
        threats, use of drugs to injure or to facilitate crime, crimes 
        committed for the benefit of a gang, commission of a crime while 
        wearing or possessing a bullet-resistant vest, simple robbery, 
        aggravated robbery, kidnapping, false imprisonment, criminal 
        sexual conduct in the first, second, third, and fourth degrees, 
        theft of a firearm, felony theft involving the intentional 
        taking or driving of a motor vehicle without the consent of the 
        owner or the authorized agent of the owner, felony theft 
        involving the taking of property from a burning, abandoned, or 
        vacant building, or from an area of destruction caused by civil 
        disaster, riot, bombing, or the proximity of battle, felony 
        theft involving the theft of a controlled substance, an 
        explosive, or an incendiary device, arson in the first and 
        second degrees, riot, burglary in the first, second, third, and 
        fourth degrees, harassment and stalking, shooting at a public 
        transit vehicle or facility, reckless use of a gun or dangerous 
        weapon, intentionally pointing a gun at or towards a human 
        being, setting a spring gun, and unlawfully owning, possessing, 
        operating a machine gun or short-barreled shotgun, and an 
        attempt to commit any of these offenses, as each of those 
        offenses is defined in chapter 609.  "Crime of violence" also 
        includes felony violations of the following:  malicious 
        punishment of a child; neglect or endangerment of a child; and 
        chapter 152. 
           Sec. 15.  Minnesota Statutes 1994, section 624.713, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PENALTIES.] A person named in subdivision 1, 
        clause (a) or (b), who possesses a pistol or semiautomatic 
        military-style assault weapon is guilty of a felony and may be 
        sentenced to imprisonment for not more than five years or to 
        payment of a fine of not more than $10,000, or both.  A person 
        named in subdivision 1, clause (b), who possesses any type of 
        firearm is guilty of a felony and may be sentenced to 
        imprisonment for not more than 15 years or to payment of a fine 
        of not more than $30,000, or both.  A person named in any other 
        clause of subdivision 1 who possesses a pistol or semiautomatic 
        military-style assault weapon any type of firearm is guilty of a 
        gross misdemeanor.  
           Sec. 16.  [EFFECTIVE DATE.] 
           Sections 1 to 15 are effective August 1, 1996, and apply to 
        offenses committed on or after that date. 
                                   ARTICLE 5 
                             COMMUNITY NOTIFICATION 
           Section 1.  [LEGISLATIVE FINDINGS AND PURPOSE.] 
           The legislature finds that if members of the public are 
        provided adequate notice and information about a sex offender 
        who has been or is about to be released from custody and who 
        lives or will live in or near their neighborhood, the community 
        can develop constructive plans to prepare themselves and their 
        children for the offender's release. 
           Sec. 2.  Minnesota Statutes 1995 Supplement, section 
        243.166, subdivision 1, is amended to read: 
           Subdivision 1.  [REGISTRATION REQUIRED.] (a) A person shall 
        register under this section if:  
           (1) the person was charged with or petitioned for a felony 
        violation of or attempt to violate any of the following, and 
        convicted of or adjudicated delinquent for that offense or of 
        another offense arising out of the same set of circumstances: 
           (i) murder under section 609.185, clause (2); 
           (ii) kidnapping under section 609.25, involving a minor 
        victim; or 
           (iii) criminal sexual conduct under section 609.342; 
        609.343; 609.344; or 609.345; or 
           (2) the person was charged with or petitioned for using a 
        minor in a sexual performance in violation of section 617.246, 
        or possessing pictorial representations of minors in violation 
        of section 617.247, and convicted of or adjudicated delinquent 
        for that offense or another offense arising out of the same set 
        of circumstances; or 
           (3) the person was convicted of a predatory crime as 
        defined in section 609.1352, and the offender was sentenced as a 
        patterned sex offender or the court found on its own motion or 
        that of the prosecutor that the crime was part of a predatory 
        pattern of behavior that had criminal sexual conduct as its 
        goal; or 
           (3) (4) the person was convicted of or adjudicated 
        delinquent for violating a law of the United States similar to 
        the offenses described in clause (1) or, (2), or (3). 
           (b) A person also shall register under this section if: 
           (1) the person was convicted of or adjudicated delinquent 
        in another state for an offense that would be a violation of a 
        law described in paragraph (a) if committed in this state; 
           (2) the person enters and remains in this state for 30 days 
        or longer; and 
           (3) ten years have not elapsed since the person was 
        released from confinement or, if the person was not confined, 
        since the person was convicted of or adjudicated delinquent for 
        the offense that triggers registration.  
           (c) A person also shall register under this section if the 
        person was committed pursuant to a court commitment order under 
        section 253B.185 or Minnesota Statutes 1992, section 526.10, 
        regardless of whether the person was convicted of any offense. 
           Sec. 3.  Minnesota Statutes 1995 Supplement, section 
        243.166, subdivision 7, is amended to read: 
           Subd. 7.  [USE OF INFORMATION.] Except as otherwise 
        provided in section 244.052, the information provided under this 
        section is private data on individuals under section 13.01, 
        subdivision 12.  The information may be used only for law 
        enforcement purposes.  
           Sec. 4.  [244.052] [SEX OFFENDERS; NOTICE.] 
           Subdivision 1.  [DEFINITIONS.] As used in this section:  
           (1) "accepted for supervision" means accepted from another 
        state under a reciprocal agreement under the interstate compact 
        authorized by section 243.16; 
           (2) "confinement" means confinement in a state correctional 
        facility or a state treatment facility; 
           (3) "law enforcement agency" means the law enforcement 
        agency having primary jurisdiction over the location where the 
        offender expects to reside upon release; and 
           (4) "sex offender" and "offender" mean a person who has 
        been convicted of an offense for which registration under 
        section 243.166 is required or a person who has been committed 
        pursuant to a court commitment order under section 253B.185 or 
        Minnesota Statutes 1992, section 526.10, regardless of whether 
        the person was convicted of any offense. 
           Subd. 2.  [RISK ASSESSMENT SCALE.] By January 1, 1997, the 
        commissioner of corrections shall develop a risk assessment 
        scale which assigns weights to the various risk factors listed 
        in subdivision 3, paragraph (g), and specifies the risk level to 
        which offenders with various risk assessment scores shall be 
        assigned.  In developing this scale, the commissioner shall 
        consult with county attorneys, treatment professionals, law 
        enforcement officials, and probation officers. 
           Subd. 3.  [END-OF-CONFINEMENT REVIEW COMMITTEE.] (a) The 
        commissioner of corrections shall establish and administer 
        end-of-confinement review committees at each state correctional 
        facility and at each state treatment facility where sex 
        offenders are confined.  The committees shall assess on a 
        case-by-case basis: 
           (1) the public risk posed by sex offenders who are about to 
        be released from confinement; and 
           (2) the public risk posed by sex offenders who are accepted 
        from another state under a reciprocal agreement under the 
        interstate compact authorized by section 243.16.  
           (b) Each committee shall be a standing committee and shall 
        consist of the following members appointed by the commissioner: 
           (1) the chief executive officer or head of the correctional 
        or treatment facility where the offender is currently confined, 
        or that person's designee; 
           (2) a law enforcement officer; 
           (3) a treatment professional who is trained in the 
        assessment of sex offenders; 
           (4) a caseworker experienced in supervising sex offenders; 
        and 
           (5) an employee of the department of corrections from the 
        victim's services unit. 
           Members of the committee, other than the facility's chief 
        executive officer or head, shall be appointed by the 
        commissioner to two-year terms.  The chief executive officer or 
        head of the facility or designee shall act as chair of the 
        committee and shall use the facility's staff, as needed, to 
        administer the committee, obtain necessary information from 
        outside sources, and prepare risk assessment reports on 
        offenders. 
           (c) The committee shall have access to the following data 
        on a sex offender only for the purposes of its assessment under 
        this section: 
           (1) private medical data under section 13.42 or 144.335, or 
        welfare data under section 13.46 that relate to medical 
        treatment of the offender; 
           (2) private and confidential court services data under 
        section 13.84; 
           (3) private and confidential corrections data under section 
        13.85; and 
           (4) private criminal history data under section 13.87. 
           Data collected and maintained by the committee under this 
        paragraph may not be disclosed outside the committee, except as 
        provided under section 13.05, subdivision 3 or 4.  The sex 
        offender has access to data on the offender collected and 
        maintained by the committee, unless the data are confidential 
        data received under this paragraph. 
           (d) At least 90 days before a sex offender is to be 
        released from confinement or accepted for supervision, the 
        commissioner of corrections shall convene the appropriate 
        end-of-confinement review committee for the purpose of assessing 
        the risk presented by the offender and determining the risk 
        level to which the offender shall be assigned under paragraph 
        (e).  The offender shall be notified of the time and place of 
        the committee's meeting and has a right to be present and be 
        heard at the meeting.  The committee shall use the risk factors 
        described in paragraph (g) and the risk assessment scale 
        developed under subdivision 2 to determine the offender's risk 
        assessment score and risk level.  Offenders scheduled for 
        release from confinement shall be assessed by the committee 
        established at the facility from which the offender is to be 
        released.  Offenders accepted for supervision shall be assessed 
        by whichever committee the commissioner directs. 
           (e) The committee shall assign to risk level I a sex 
        offender whose risk assessment score indicates a low risk of 
        reoffense.  The committee shall assign to risk level II an 
        offender whose risk assessment score indicates a moderate risk 
        of reoffense.  The committee shall assign to risk level III an 
        offender whose risk assessment score indicates a high risk of 
        reoffense. 
           (f) Before the sex offender is released from confinement or 
        accepted for supervision, the committee shall prepare a risk 
        assessment report which specifies the risk level to which the 
        offender has been assigned and the reasons underlying the 
        committee's risk assessment decision.  The committee shall give 
        the report to the offender and to the law enforcement agency at 
        least 60 days before an offender is released from confinement or 
        accepted for supervision.  The committee also shall inform the 
        offender of the availability of review under subdivision 6. 
           (g) As used in this subdivision, "risk factors" includes, 
        but is not limited to, the following factors: 
           (1) the seriousness of the offense should the offender 
        reoffend.  This factor includes consideration of the following:  
        (i) the degree of likely force or harm; (ii) the degree of 
        likely physical contact; and (iii) the age of the likely victim; 
           (2) the offender's prior offense history.  This factor 
        includes consideration of the following:  (i) the relationship 
        of prior victims to the offender; (ii) the number of prior 
        offenses or victims; (iii) the duration of the offender's prior 
        offense history; (iv) the length of time since the offender's 
        last prior offense, while the offender was at risk to commit 
        offenses; and (v) the offender's prior history of other 
        antisocial acts; 
           (3) the offender's characteristics.  This factor includes 
        consideration of the following:  (i) the offender's response to 
        prior treatment efforts; and (ii) the offender's history of 
        substance abuse; 
           (4) the availability of community supports to the offender. 
        This factor includes consideration of the following:  (i) the 
        availability and likelihood that the offender will be involved 
        in therapeutic treatment; (ii) the availability of residential 
        supports to the offender, such as a stable and supervised living 
        arrangement in an appropriate location; (iii) the offender's 
        familial and social relationships, including the nature and 
        length of these relationships and the level of support that the 
        offender may receive from these persons; and (iv) the offender's 
        lack of education or employment stability; 
           (5) whether the offender has indicated or credible evidence 
        in the record indicates that the offender will reoffend if 
        released into the community; and 
           (6) whether the offender demonstrates a physical condition 
        that minimizes the risk of reoffense, including but not limited 
        to, advanced age or a debilitating illness or physical condition.
           (h) Upon the request of the law enforcement agency or the 
        offender's corrections agent, the commissioner may reconvene the 
        end-of-confinement review committee for the purpose of 
        reassessing the risk level to which an offender has been 
        assigned under paragraph (e).  In a request for a reassessment, 
        the law enforcement agency or agent shall list the facts and 
        circumstances arising after the initial assignment under 
        paragraph (e) which support the request for a reassessment.  
        Upon review of the request, the end-of-confinement review 
        committee may reassign an offender to a different risk level.  
        If the offender is reassigned to a higher risk level, the 
        offender has the right to seek review of the committee's 
        determination under subdivision 6. 
           (i) An offender may request the end-of-confinement review 
        committee to reassess the offender's assigned risk level after 
        two years have elapsed since the committee's initial risk 
        assessment and may renew the request once every two years 
        following subsequent denials.  In a request for reassessment, 
        the offender shall list the facts and circumstances which 
        demonstrate that the offender no longer poses the same degree of 
        risk to the community.  The committee shall follow the process 
        outlined in paragraphs (a) to (e), and (g) in the reassessment.  
           Subd. 4.  [LAW ENFORCEMENT AGENCY; DISCLOSURE OF 
        INFORMATION TO PUBLIC.] (a) The law enforcement agency in the 
        area where the sex offender resides, expects to reside, is 
        employed, or is regularly found, is authorized to disclose 
        information to the public regarding the offender if the agency 
        determines that disclosure of the information is relevant and 
        necessary to protect the public and to counteract the offender's 
        dangerousness.  The extent of the information disclosed and the 
        community to whom disclosure is made must relate to the level of 
        danger posed by the offender, to the offender's pattern of 
        offending behavior, and to the need of community members for 
        information to enhance their individual and collective safety. 
           (b) The law enforcement agency shall consider the following 
        guidelines in determining the scope of disclosure made under 
        this subdivision: 
           (1) if the offender is assigned to risk level I, the agency 
        may maintain information regarding the offender within the 
        agency and may disclose it to other law enforcement agencies.  
        Additionally, the agency may disclose the information to any 
        victims of or witnesses to the offense committed by the offender.
        The agency shall disclose the information to victims of the 
        offense committed by the offender who have requested disclosure; 
           (2) if the offender is assigned to risk level II, the 
        agency also may disclose the information to the following 
        agencies and groups that the offender is likely to encounter:  
        public and private educational institutions; day care 
        establishments; and establishments and organizations that 
        primarily serve individuals likely to be victimized by the 
        offender; 
           (3) if the offender is assigned to risk level III, the 
        agency also may disclose the information to other members of the 
        community whom the offender is likely to encounter. 
           Notwithstanding the assignment of a sex offender to risk 
        level II or III, a law enforcement agency may not make the 
        disclosures permitted by clause (2) or (3), if:  the offender is 
        placed or resides in a residential facility that is licensed as 
        a residential program, as defined in section 245A.02, 
        subdivision 14, by the commissioner of human services under 
        chapter 254A, or the commissioner of corrections under section 
        241.021; and the facility and its staff are trained in the 
        supervision of sex offenders.  However, if an offender is placed 
        or resides in a licensed facility, the head of the facility 
        shall notify the law enforcement agency before the end of the 
        offender's placement or residence in the facility.  Upon 
        receiving this notification, the law enforcement agency may make 
        the disclosures permitted by clause (2) or (3), as appropriate. 
           (c) As used in paragraph (b), clauses (2) and (3), "likely 
        to encounter" means that:  (1) the organizations or community 
        members are in a location or in close proximity to a location 
        where the offender lives or is employed, or which the offender 
        visits or is likely to visit on a regular basis, other than the 
        location of the offender's outpatient treatment program; and (2) 
        the types of interaction which ordinarily occur at that location 
        and other circumstances indicate that contact with the offender 
        is reasonably certain. 
           (d) A law enforcement agency or official who decides to 
        disclose information under this subdivision shall make a good 
        faith effort to make the notification at least 14 days before an 
        offender is released from confinement or accepted for 
        supervision.  If a change occurs in the release plan, this 
        notification provision does not require an extension of the 
        release date.  
           (e) A law enforcement agency or official that decides to 
        disclose information under this subdivision shall make a good 
        faith effort to conceal the identity of the victim or victims of 
        the offender's offense. 
           (f) A law enforcement agency may continue to disclose 
        information on an offender under this subdivision for as long as 
        the offender is required to register under section 243.166. 
           Subd. 5.  [RELEVANT INFORMATION PROVIDED TO LAW 
        ENFORCEMENT.] At least 60 days before a sex offender is released 
        from confinement or accepted for supervision, the department of 
        corrections or the department of human services, in the case of 
        a person who was committed under section 253B.185 or Minnesota 
        Statutes 1992, section 526.10, shall provide the appropriate law 
        enforcement agency all relevant information that the departments 
        have concerning the offender, including information on risk 
        factors in the offender's history. 
           Subd. 6.  [ADMINISTRATIVE REVIEW.] (a) An offender assigned 
        or reassigned to risk level II or III under subdivision 3, 
        paragraph (e) or (h), has the right to seek administrative 
        review of an end-of-confinement review committee's risk 
        assessment determination.  The offender must exercise this right 
        within 14 days of receiving notice of the committee's decision 
        by notifying the chair of the committee.  Upon receiving the 
        request for administrative review, the chair shall notify the 
        offender, the victim or victims of the offender's offense or 
        their designee, the law enforcement agency, and any other 
        individuals the chair may select, of the time and place of the 
        hearing.  A request for a review hearing shall not interfere 
        with or delay the notification process under subdivision 4 or 5. 
           (b) An offender who requests a review hearing must be given 
        a reasonable opportunity to prepare for the hearing.  The review 
        hearing shall be conducted on the record before an 
        administrative law judge.  The offender has the burden of proof 
        to show, by a preponderance of the evidence, that the 
        end-of-confinement review committee's risk assessment 
        determination was erroneous.  The attorney general or a designee 
        shall defend the end-of-confinement review committee's 
        determination.  The offender has the right to be present and be 
        represented by counsel at the hearing, to present evidence in 
        support of the offender's position, to call supporting witnesses 
        and to cross-examine witnesses testifying in support of the 
        committee's determination.  Counsel for indigent offenders shall 
        be provided by the Legal Advocacy Project of the state public 
        defender's office.  
           (c) After the hearing is concluded, the administrative law 
        judge shall decide whether the end-of-confinement review 
        committee's risk assessment determination was erroneous and, 
        based on this decision, shall either uphold or modify the review 
        committee's determination.  The judge's decision shall be in 
        writing and shall include the judge's reasons for the decision.  
        The judge's decision shall be final and a copy of it shall be 
        given to the offender, the victim, the law enforcement agency, 
        and the chair of the end-of-confinement review committee. 
           (d) The review hearing is subject to the contested case 
        provisions of chapter 14. 
           Subd. 7.  [IMMUNITY FROM LIABILITY.] A state or local 
        agency or official, or a private organization or individual 
        authorized to act on behalf of a state or local agency or 
        official, is not civilly or criminally liable for disclosing or 
        failing to disclose information as permitted by this section.  
           Subd. 8.  [LIMITATION ON SCOPE.] Nothing in this section 
        imposes a duty upon a person licensed under chapter 82, or an 
        employee of the person, to disclose information regarding an 
        offender who is required to register under section 243.166, or 
        about whom notification is made under this section. 
           Sec. 5.  [244.053] [NOTICE OF RELEASE OF CERTAIN 
        OFFENDERS.] 
           Subdivision 1.  [NOTICE OF IMPENDING RELEASE.] At least 60 
        days before the release of any inmate convicted of an offense 
        requiring registration under section 243.166, the commissioner 
        of corrections shall send written notice of the impending 
        release to the sheriff of the county and the police chief of the 
        city in which the inmate will reside or in which placement will 
        be made in a work release program.  The sheriff of the county 
        where the offender was convicted also shall be notified of the 
        inmate's impending release. 
           Subd. 2.  [ADDITIONAL NOTICE.] The same notice shall be 
        sent to the following persons concerning a specific inmate 
        convicted of an offense requiring registration under section 
        243.166: 
           (1) the victim of the crime for which the inmate was 
        convicted or a deceased victim's next of kin if the victim or 
        deceased victim's next of kin requests the notice in writing; 
           (2) any witnesses who testified against the inmate in any 
        court proceedings involving the offense, if the witness requests 
        the notice in writing; and 
           (3) any person specified in writing by the prosecuting 
        attorney. 
           The notice sent to victims under clause (1) must inform the 
        person that the person has the right to request and receive 
        information about the offender authorized for disclosure under 
        the community notification provisions of section 244.052. 
           If the victim or witness is under the age of 16, the notice 
        required by this section shall be sent to the parents or legal 
        guardian of the child.  The commissioner shall send the notices 
        required by this provision to the last address provided to the 
        commissioner by the requesting party.  The requesting party 
        shall furnish the commissioner with a current address.  
        Information regarding witnesses requesting the notice, 
        information regarding any other person specified in writing by 
        the prosecuting attorney to receive the notice, and the notice 
        are private data on individuals, as defined in section 13.02, 
        subdivision 12, and are not available to the inmate. 
           The notice to victims provided under this subdivision does 
        not limit the victim's right to request notice of release under 
        section 611A.06. 
           Subd. 3.  [NO EXTENSION OF RELEASE DATE.] The existence of 
        the notice requirements contained in this section shall in no 
        event require an extension of the release date. 
           Sec. 6.  Minnesota Statutes 1994, section 244.10, is 
        amended by adding a subdivision to read: 
           Subd. 2a.  [NOTICE OF INFORMATION REGARDING SEX 
        OFFENDERS.] (a) In any case in which a person is convicted of an 
        offense which requires registration under section 243.166, 
        subdivision 1, and the presumptive sentence under the sentencing 
        guidelines is commitment to the custody of the commissioner of 
        corrections, if the court grants a dispositional departure and 
        stays imposition or execution of sentence, the probation or 
        court services officer who is assigned to supervise the offender 
        shall provide in writing to the following the fact that the 
        offender is on probation and the terms and conditions of 
        probation: 
           (1) a victim of and any witnesses to the offense committed 
        by the offender, if the victim or the witness has requested 
        notice; and 
           (2) the chief law enforcement officer in the area where the 
        offender resides or intends to reside. 
           The law enforcement officer, in consultation with the 
        offender's probation officer, may provide all or part of this 
        information to any of the following agencies or groups the 
        offender is likely to encounter:  public and private educational 
        institutions, day care establishments, and establishments or 
        organizations that primarily serve individuals likely to be 
        victimized by the offender. 
           The probation officer is not required under this 
        subdivision to provide any notice while the offender is placed 
        or resides in a residential facility that is licensed under 
        section 245A.02, subdivision 14, or section 241.021, if the 
        facility staff is trained in the supervision of sex offenders. 
           (b) The notice authorized by paragraph (a) shall be limited 
        to data classified as public under section 13.84, subdivision 6, 
        unless the offender provides informed consent to authorize the 
        release of nonpublic data or unless a court order authorizes the 
        release of nonpublic data. 
           (c) Nothing in this subdivision shall be interpreted to 
        impose a duty on any person to use any information regarding an 
        offender about whom notification is made under this subdivision. 
           Sec. 7.  [COMMUNITY NOTIFICATION ABOUT SEX OFFENDERS; 
        POLICY AND INSTRUCTION.] 
           Subdivision 1.  [MODEL POLICY.] (a) By August 1, 1996, the 
        peace officer standards and training board shall develop a model 
        policy for law enforcement agencies to follow when they disclose 
        information on sex offenders to the public under Minnesota 
        Statutes, section 244.052, subdivision 3.  The model policy 
        shall be designed to further the objectives of providing 
        adequate notice to the community concerning sex offenders who 
        are or will be residing in the neighborhood and of helping 
        community members develop constructive plans to prepare 
        themselves and their children for residing near these sex 
        offenders.  In developing the policy, the board shall consult 
        with representatives of the bureau of criminal apprehension, the 
        Minnesota chiefs of police association, the Minnesota sheriffs 
        association, the Minnesota association of women police, the 
        Minnesota sex crimes investigators association, the Minnesota 
        police and peace officers association, the Minnesota institute 
        of community policing, the county attorneys association, the 
        Minnesota corrections association, the Minnesota association of 
        county probation officers, the commissioner of corrections, 
        local corrections agencies, the state public defender, sex 
        offender treatment professionals, victims groups, and interested 
        members of the public. 
           (b) The model policy shall, at a minimum, address the 
        following matters: 
           (1) recommended contents and form of community notification 
        documents, including recommended ways of protecting the privacy 
        of victims of the offender's crime; 
           (2) recommended scope of disclosure for offenders 
        classified at each risk level, including:  (i) specific factors, 
        if any, that would justify a law enforcement agency in engaging 
        in broader disclosure than that recommended in the policy; and 
        (ii) methods to ensure that the scope of disclosure is closely 
        tailored to the risk level posed by the offender; 
           (3) recommended method or methods of distributing community 
        notification documents; 
           (4) recommended methods of providing follow-up 
        notifications to community residents at specified intervals and 
        of disclosing information about offenders to law enforcement 
        agencies in other jurisdictions when necessary to protect the 
        public; 
           (5) recommended methods of educating community residents at 
        public meetings on how they can use the information in the 
        notification document in a reasonable manner to enhance their 
        individual and collective safety; 
           (6) procedures for ensuring that community members are 
        educated regarding the right of sex offenders not to be 
        subjected to harassment or criminal acts because of the 
        notification process; 
           (7) recommended ways of educating sex offenders before they 
        are released from incarceration on the nature and scope of the 
        notification process, the likely reaction of community residents 
        to their presence in the community, and their right to be free 
        from harassment or criminal acts committed by community 
        residents because of the notification process; and 
           (8) other matters that the board deems necessary to ensure 
        the effective and fair administration of the community 
        notification law. 
           Subd. 2.  [LOCAL POLICY.] By January 1, 1997, all chief law 
        enforcement officers shall establish and implement a written 
        policy governing the public disclosure of information on sex 
        offenders under Minnesota Statutes, section 244.052, subdivision 
        3.  A chief law enforcement officer shall adopt a policy that is 
        identical or substantially similar to the model policy developed 
        by the board under subdivision 1. 
           Sec. 8.  [EFFECTIVE DATE.] 
           Section 2 is effective August 1, 1996, and applies to 
        persons who are released from prison on or after that date, or 
        who are under supervision as of that date, or who enter this 
        state on or after that date. 
           Sections 1 and 3 to 6 are effective January 1, 1997, and 
        apply to persons released or sentenced on or after that date. 
           Section 7 is effective the day following final enactment. 
                                   ARTICLE 6
                                   JUVENILES
           Section 1.  Minnesota Statutes 1995 Supplement, section 
        260.015, subdivision 21, is amended to read: 
           Subd. 21.  [JUVENILE PETTY OFFENDER; JUVENILE PETTY 
        OFFENSE.] (a) "Juvenile petty offense" includes a juvenile 
        alcohol offense, a juvenile controlled substance offense, a 
        violation of section 609.685, or a violation of a local 
        ordinance, which by its terms prohibits conduct by a child under 
        the age of 18 years which would be lawful conduct if committed 
        by an adult.  
           (b) Except as otherwise provided in paragraph 
        (c), "juvenile petty offense" also includes an offense, other 
        than a violation of section 609.224, 609.324, 609.563, 609.576, 
        or 617.23, that would be a misdemeanor if committed by an 
        adult if: 
           (1) the child has not been found to be a juvenile petty 
        offender on more than two prior occasions for a 
        misdemeanor-level offense; 
           (2) the child has not previously been found to be 
        delinquent for a misdemeanor, gross misdemeanor, or felony 
        offense; or 
           (3) the county attorney designates the child on the 
        petition as a juvenile petty offender, notwithstanding the 
        child's prior record of misdemeanor-level juvenile petty 
        offenses. 
           (c) "Juvenile petty offense" does not include any of the 
        following: 
           (1) a misdemeanor-level violation of section 588.20, 
        609.224, 609.2242, 609.324, 609.563, 609.576, 609.66, or 617.23; 
           (2) a major traffic offense or an adult court traffic 
        offense, as described in section 260.193; 
           (3) a misdemeanor-level offense committed by a child whom 
        the juvenile court previously has found to have committed a 
        misdemeanor, gross misdemeanor, or felony offense; or 
           (4) a misdemeanor-level offense committed by a child whom 
        the juvenile court has found to have committed a 
        misdemeanor-level juvenile petty offense on two or more prior 
        occasions, unless the county attorney designates the child on 
        the petition as a juvenile petty offender notwithstanding this 
        prior record.  As used in this clause, "misdemeanor-level 
        juvenile petty offense" includes a misdemeanor-level offense 
        that would have been a juvenile petty offense if it had been 
        committed on or after July 1, 1995.  
           (d) A child who commits a juvenile petty offense is a 
        "juvenile petty offender." 
           Sec. 2.  Minnesota Statutes 1995 Supplement, section 
        260.132, subdivision 3a, is amended to read: 
           Subd. 3a.  [NO RIGHT TO COUNSEL AT PUBLIC EXPENSE.] Except 
        as otherwise provided in section 260.155, subdivision 2, a child 
        alleged to be a juvenile petty offender may be represented by 
        counsel, but does not have a right to appointment of a public 
        defender or other counsel at public expense. 
           Sec. 3.  Minnesota Statutes 1994, section 260.141, is 
        amended by adding a subdivision to read: 
           Subd. 1a.  [NOTICE IN LIEU OF SUMMONS; PERSONAL 
        SERVICE.] The service of a summons or a notice in lieu of 
        summons shall be as provided in the rules of juvenile procedure. 
           Sec. 4.  Minnesota Statutes 1994, section 260.145, is 
        amended to read: 
           260.145 [FAILURE TO OBEY SUMMONS OR SUBPOENA; CONTEMPT, 
        ARREST.] 
           If any person personally served with summons or subpoena 
        fails, without reasonable cause, to appear or bring the child, 
        or if the court has reason to believe the person is avoiding 
        personal service, or if any custodial parent or guardian fails, 
        without reasonable cause, to accompany the child to a hearing as 
        required under section 260.155, subdivision 4b, the person may 
        be proceeded against for contempt of court or the court may 
        issue a warrant for the person's arrest, or both.  In any case 
        when it appears to the court that the service will be 
        ineffectual, or that the welfare of the child requires that the 
        child be brought forthwith into the custody of the court, the 
        court may issue a warrant for immediate custody of the child. 
           Sec. 5.  Minnesota Statutes 1995 Supplement, section 
        260.155, subdivision 2, is amended to read: 
           Subd. 2.  [APPOINTMENT OF COUNSEL.] (a) The child, parent, 
        guardian or custodian has the right to effective assistance of 
        counsel in connection with a proceeding in juvenile court unless 
        the.  This right does not apply to a child who is charged with a 
        juvenile petty offense as defined in section 260.015, 
        subdivision 21, unless the child is charged with a third or 
        subsequent juvenile alcohol or controlled substance offense and 
        may be subject to the alternative disposition described in 
        section 260.195, subdivision 4.  
           (b) The court shall appoint counsel, or stand-by counsel if 
        the child waives the right to counsel, for a child who is: 
           (1) charged by delinquency petition with a gross 
        misdemeanor or felony offense; or 
           (2) the subject of a delinquency proceeding in which 
        out-of-home placement has been proposed. 
           (b) (c) If they desire counsel but are unable to employ it, 
        the court shall appoint counsel to represent the child or the 
        parents or guardian in any case in which it feels that such an 
        appointment is desirable, except a juvenile petty offense as 
        defined in section 260.015, subdivision 21 offender who does not 
        have the right to counsel under paragraph (a). 
           Sec. 6.  Minnesota Statutes 1994, section 260.161, 
        subdivision 1a, is amended to read: 
           Subd. 1a.  [RECORD OF ADJUDICATIONS; NOTICE TO BUREAU OF 
        CRIMINAL APPREHENSION.] (a) The juvenile court shall forward to 
        the Bureau of Criminal Apprehension the following data on 
        juveniles adjudicated delinquent for having committed 
        felony-level criminal sexual conduct: 
           (1) the name and birth date of the juvenile, including any 
        of the juvenile's known aliases or street names; 
           (2) the type of act for which the juvenile was adjudicated 
        delinquent and date of the offense; and 
           (3) the date and county of the adjudication. 
           (b) The bureau shall retain data on a juvenile until the 
        offender reaches the age of 28.  If the offender commits another 
        violation of sections 609.342 to 609.345 as an adult, the bureau 
        shall retain the data for as long as the data would have been 
        retained if the offender had been an adult at the time of the 
        juvenile offense. 
           (c) The juvenile court shall forward to the bureau the 
        following data on individuals convicted as extended jurisdiction 
        juveniles: 
           (1) the name and birthdate of the offender, including any 
        of the juvenile's known aliases or street names; 
           (2) the crime committed by the offender and the date of the 
        crime; and 
           (3) the date and county of the conviction. 
           The court shall notify the bureau whenever it executes an 
        extended jurisdiction juvenile's adult sentence under section 
        260.126, subdivision 5. 
           (d) The bureau shall retain the extended jurisdiction 
        juvenile data for as long as the data would have been retained 
        if the offender had been an adult at the time of the offense.  
        Data retained on individuals under this subdivision are private 
        data under section 13.02, except that extended jurisdiction 
        juvenile data becomes public data under section 13.87, 
        subdivision 2, when the juvenile court notifies the bureau that 
        the individual's adult sentence has been executed under section 
        260.126, subdivision 5. 
           Sec. 7.  Minnesota Statutes 1994, section 260.171, 
        subdivision 2, is amended to read: 
           Subd. 2.  (a) If the child is not released as provided in 
        subdivision 1, the person taking the child into custody shall 
        notify the court as soon as possible of the detention of the 
        child and the reasons for detention.  
           (b) No child may be detained in a juvenile secure detention 
        facility or shelter care facility longer than 36 hours, 
        excluding Saturdays, Sundays, and holidays, after being taken 
        into custody for a delinquent act as defined in section 260.015, 
        subdivision 5, unless a petition has been filed and the judge or 
        referee determines pursuant to section 260.172 that the child 
        shall remain in detention.  
           (c) No child may be detained in an adult jail or municipal 
        lockup longer than 24 hours, excluding Saturdays, Sundays, and 
        holidays, or longer than six hours in an adult jail or municipal 
        lockup in a standard metropolitan statistical area, after being 
        taken into custody for a delinquent act as defined in section 
        260.015, subdivision 5, unless: 
           (1) a petition has been filed under section 260.131; and 
           (2) a judge or referee has determined under section 260.172 
        that the child shall remain in detention. 
           After August 1, 1991, no child described in this paragraph 
        may be detained in an adult jail or municipal lockup longer than 
        24 hours, excluding Saturdays, Sundays, and holidays, or longer 
        than six hours in an adult jail or municipal lockup in a 
        standard metropolitan statistical area, unless the requirements 
        of this paragraph have been met and, in addition, a motion to 
        refer the child for adult prosecution has been made under 
        section 260.125.  Notwithstanding this paragraph, continued 
        detention of a child in an adult detention facility outside of a 
        standard metropolitan statistical area county is permissible if: 
           (i) the facility in which the child is detained is located 
        where conditions of distance to be traveled or other ground 
        transportation do not allow for court appearances within 24 
        hours.  A delay not to exceed 48 hours may be made under this 
        clause; or 
           (ii) the facility is located where conditions of safety 
        exist.  Time for an appearance may be delayed until 24 hours 
        after the time that conditions allow for reasonably safe 
        travel.  "Conditions of safety" include adverse life-threatening 
        weather conditions that do not allow for reasonably safe travel. 
           The continued detention of a child under clause (i) or (ii) 
        must be reported to the commissioner of corrections. 
           (d) No child taken into custody pursuant to section 
        260.165, subdivision 1, clause (a) or (c)(2) may be held in a 
        shelter care facility longer than 72 hours, excluding Saturdays, 
        Sundays and holidays, unless a petition has been filed and the 
        judge or referee determines pursuant to section 260.172 that the 
        child shall remain in custody.  
           (e) If a child described in paragraph (c) is to be detained 
        in a jail beyond 24 hours, excluding Saturdays, Sundays, and 
        holidays, the judge or referee, in accordance with rules and 
        procedures established by the commissioner of corrections, shall 
        notify the commissioner of the place of the detention and the 
        reasons therefor.  The commissioner shall thereupon assist the 
        court in the relocation of the child in an appropriate juvenile 
        secure detention facility or approved jail within the county or 
        elsewhere in the state, or in determining suitable 
        alternatives.  The commissioner shall direct that a child 
        detained in a jail be detained after eight days from and 
        including the date of the original detention order in an 
        approved juvenile secure detention facility with the approval of 
        the administrative authority of the facility.  If the court 
        refers the matter to the prosecuting authority pursuant to 
        section 260.125, notice to the commissioner shall not be 
        required. 
           Sec. 8.  Minnesota Statutes 1995 Supplement, section 
        260.195, subdivision 2a, is amended to read: 
           Subd. 2a.  [NO RIGHT TO COUNSEL AT PUBLIC EXPENSE.] Except 
        as otherwise provided in section 260.155, subdivision 2, a child 
        alleged to be a juvenile petty offender may be represented by 
        counsel, but does not have a right to appointment of a public 
        defender or other counsel at public expense. 
           Sec. 9.  Minnesota Statutes 1994, section 260.281, is 
        amended to read: 
           260.281 [NEW EVIDENCE.] 
           A child whose status has been adjudicated by a juvenile 
        court, or the child's parent, guardian, custodian or spouse may, 
        at any time within 90 15 days of the filing of the court's 
        order, petition the court for a rehearing on the ground that new 
        evidence has been discovered affecting the advisability of the 
        court's original adjudication or disposition.  Upon a showing 
        that such evidence does exist the court shall order that a new 
        hearing be held within 30 days, unless the court extends this 
        time period for good cause shown within the 30-day period, and 
        shall make such disposition of the case as the facts and the 
        best interests of the child warrant.  
           Sec. 10.  Minnesota Statutes 1994, section 260.301, is 
        amended to read: 
           260.301 [CONTEMPT.] 
           Any person knowingly interfering with an order of the 
        juvenile court is in contempt of court.  However, a child who is 
        under the continuing jurisdiction of the court for reasons other 
        than delinquency having committed a delinquent act or a juvenile 
        petty offense may not be adjudicated as a delinquent solely on 
        the basis of having knowingly interfered with or disobeyed an 
        order of the court. 
           Sec. 11.  Minnesota Statutes 1995 Supplement, section 
        299C.10, subdivision 1, is amended to read: 
           Subdivision 1.  [LAW ENFORCEMENT DUTY.] (a) It is hereby 
        made the duty of the sheriffs of the respective counties and, of 
        the police officers in cities of the first, second, and third 
        classes, under the direction of the chiefs of police in such 
        cities, and of community corrections agencies operating secure 
        juvenile detention facilities to take or cause to be taken 
        immediately finger and thumb prints, photographs, distinctive 
        physical mark identification data, and such other identification 
        data as may be requested or required by the superintendent of 
        the bureau; of all persons arrested for a felony, gross 
        misdemeanor, of all juveniles committing felonies as 
        distinguished from those committed by adult offenders, of all 
        persons reasonably believed by the arresting officer to be 
        fugitives from justice, of all persons in whose possession, when 
        arrested, are found concealed firearms or other dangerous 
        weapons, burglar tools or outfits, high-power explosives, or 
        articles, machines, or appliances usable for an unlawful purpose 
        and reasonably believed by the arresting officer to be intended 
        for such purposes, and within 24 hours thereafter to forward 
        such fingerprint records and other identification data on such 
        forms and in such manner as may be prescribed by the 
        superintendent of the bureau of criminal apprehension. 
           (b) Effective August 1, 1997, the identification reporting 
        requirements shall also apply to persons committing misdemeanor 
        offenses, including violent and enhanceable crimes, and 
        juveniles committing gross misdemeanors.  In addition, the 
        reporting requirements shall include any known aliases or street 
        names of the offenders. 
           Sec. 12.  [REPEALER.] 
           Minnesota Statutes 1994, section 260.141, subdivision 1, is 
        repealed. 
           Sec. 13.  [EFFECTIVE DATE.] 
           Sections 1 to 12 are effective August 1, 1996, and apply to 
        offenses committed on or after that date. 
                                   ARTICLE 7
                                    VICTIMS 
           Section 1.  [15.87] [VICTIMS OF VIOLENCE.] 
           In furtherance of the state policy of zero tolerance for 
        violence in section 1.50, the state shall have a goal of 
        providing: 
           (a) every victim of violence in Minnesota, regardless of 
        the county of residence, access to necessary services, 
        including, but not limited to: 
           (1) crisis intervention services, including a 24-hour 
        emergency telephone line; 
           (2) safe housing; 
           (3) counseling and peer support services; and 
           (4) assistance in pursuing legal remedies and appropriate 
        medical care; and 
           (b) every child who is a witness to abuse or who is a 
        victim of violence, access to necessary services, including, but 
        not limited to: 
           (1) crisis child care; 
           (2) safe supervised child visitation, when needed; 
           (3) age appropriate counseling and support; and 
           (4) assistance with legal remedies, medical care, and 
        needed social services. 
           Sec. 2.  Minnesota Statutes 1995 Supplement, section 
        609.10, is amended to read: 
           609.10 [SENTENCES AVAILABLE.] 
           Upon conviction of a felony and compliance with the other 
        provisions of this chapter the court, if it imposes sentence, 
        may sentence the defendant to the extent authorized by law as 
        follows: 
           (1) to life imprisonment; or 
           (2) to imprisonment for a fixed term of years set by the 
        court; or 
           (3) to both imprisonment for a fixed term of years and 
        payment of a fine; or 
           (4) to payment of a fine without imprisonment or to 
        imprisonment for a fixed term of years if the fine is not paid; 
        or 
           (5) to payment of court-ordered restitution in addition to 
        either imprisonment or payment of a fine, or both; or 
           (6) to payment of a local correctional fee as authorized 
        under section 609.102 in addition to any other sentence imposed 
        by the court. 
           As used in this section, "restitution" includes: 
           (i) payment of compensation to the victim or the victim's 
        family; and 
           (ii) if the victim is deceased or already has been fully 
        compensated, payment of money to a victim assistance program or 
        other program directed by the court. 
           In controlled substance crime cases, "restitution" also 
        includes payment of compensation to a government entity that 
        incurs loss as a direct result of the controlled substance crime.
           Sec. 3.  Minnesota Statutes 1995 Supplement, section 
        609.125, is amended to read: 
           609.125 [SENTENCE FOR MISDEMEANOR OR GROSS MISDEMEANOR.] 
           Upon conviction of a misdemeanor or gross misdemeanor the 
        court, if sentence is imposed, may, to the extent authorized by 
        law, sentence the defendant: 
           (1) to imprisonment for a definite term; or 
           (2) to payment of a fine, or to imprisonment for a 
        specified term if the fine is not paid; or 
           (3) to both imprisonment for a definite term and payment of 
        a fine; or 
           (4) to payment of court-ordered restitution in addition to 
        either imprisonment or payment of a fine, or both; or 
           (5) to payment of a local correctional fee as authorized 
        under section 609.102 in addition to any other sentence imposed 
        by the court. 
           As used in this section, "restitution" includes: 
           (i) payment of compensation to the victim or the victim's 
        family; and 
           (ii) if the victim is deceased or already has been fully 
        compensated, payment of money to a victim assistance program or 
        other program directed by the court. 
           In controlled substance crime cases, "restitution" also 
        includes payment of compensation to a government entity that 
        incurs loss as a direct result of the controlled substance crime.
           Sec. 4.  Minnesota Statutes 1994, section 609.135, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [TERMS AND CONDITIONS.] Except when a 
        sentence of life imprisonment is required by law, or when a 
        mandatory minimum sentence is required by section 609.11, any 
        court may stay imposition or execution of sentence and (a) may 
        order intermediate sanctions without placing the defendant on 
        probation, or (b) may place the defendant on probation with or 
        without supervision and on the terms the court prescribes, 
        including intermediate sanctions when practicable.  The court 
        may order the supervision to be under the probation officer of 
        the court, or, if there is none and the conviction is for a 
        felony or gross misdemeanor, by the commissioner of corrections, 
        or in any case by some other suitable and consenting person.  No 
        intermediate sanction may be ordered performed at a location 
        that fails to observe applicable requirements or standards of 
        chapter 181A or 182, or any rule promulgated under them.  For 
        purposes of this subdivision, subdivision 6, and section 609.14, 
        the term "intermediate sanctions" includes but is not limited to 
        incarceration in a local jail or workhouse, home detention, 
        electronic monitoring, intensive probation, sentencing to 
        service, reporting to a day reporting center, chemical 
        dependency or mental health treatment or counseling, 
        restitution, fines, day-fines, community work service, and work 
        in lieu of or to work off fines and, with the victim's consent, 
        work in lieu of or to work off restitution.  
           A court may not stay the revocation of the driver's license 
        of a person convicted of violating the provisions of section 
        169.121. 
           Sec. 5.  Minnesota Statutes 1995 Supplement, section 
        611A.01, is amended to read: 
           611A.01 [DEFINITIONS.] 
           For the purposes of sections 611A.01 to 611A.06: 
           (a) "Crime" means conduct that is prohibited by local 
        ordinance and results in bodily harm to an individual; or 
        conduct that is included within the definition of "crime" in 
        section 609.02, subdivision 1, or would be included within that 
        definition but for the fact that (i) the person engaging in the 
        conduct lacked capacity to commit the crime under the laws of 
        this state, or (ii) the act was alleged or found to have been 
        committed by a juvenile; 
           (b) "Victim" means a natural person who incurs loss or harm 
        as a result of a crime, including a good faith effort to prevent 
        a crime, and for purposes of sections 611A.04 and 611A.045, also 
        includes (i) a corporation that incurs loss or harm as a result 
        of a crime, and (ii) any other entity authorized to receive 
        restitution under section 609.10 or 609.125.  If the victim is a 
        natural person and is deceased, "victim" means the deceased's 
        surviving spouse or next of kin; and 
           (c) "Juvenile" has the same meaning as given to the term 
        "child" in section 260.015, subdivision 2.  
           Sec. 6.  Minnesota Statutes 1995 Supplement, section 
        611A.04, subdivision 1, is amended to read: 
           Subdivision 1.  [REQUEST; DECISION.] (a) A victim of a 
        crime has the right to receive restitution as part of the 
        disposition of a criminal charge or juvenile delinquency 
        proceeding against the offender if the offender is convicted or 
        found delinquent.  The court, or a person or agency designated 
        by the court, shall request information from the victim to 
        determine the amount of restitution owed.  The court or its 
        designee shall obtain the information from the victim in 
        affidavit form or by other competent evidence.  Information 
        submitted relating to restitution must describe the items or 
        elements of loss, itemize the total dollar amounts of 
        restitution claimed, and specify the reasons justifying these 
        amounts, if restitution is in the form of money or property.  A 
        request for restitution may include, but is not limited to, any 
        out-of-pocket losses resulting from the crime, including medical 
        and therapy costs, replacement of wages and services, expenses 
        incurred to return a child who was a victim of a crime under 
        section 609.26 to the child's parents or lawful custodian, and 
        funeral expenses.  An actual or prospective civil action 
        involving the alleged crime shall not be used by the court as a 
        basis to deny a victim's right to obtain court-ordered 
        restitution under this section.  In order to be considered at 
        the sentencing or dispositional hearing, all information 
        regarding restitution must be received by the court 
        administrator of the appropriate court at least three business 
        days before the sentencing or dispositional hearing.  The court 
        administrator shall provide copies of this request to the 
        prosecutor and the offender or the offender's attorney at least 
        24 hours before the sentencing or dispositional hearing.  The 
        issue of restitution may be is reserved or the sentencing or 
        dispositional hearing or hearing on the restitution request may 
        be continued if the victim's affidavit or other competent 
        evidence submitted by the victim is not received in time.  At 
        the sentencing or dispositional hearing, the court shall give 
        the offender an opportunity to respond to specific items of 
        restitution and their dollar amounts in accordance with the 
        procedures established in section 611A.045, subdivision 3.  
           (b) The court may amend or issue an order of restitution 
        after the sentencing or dispositional hearing if: 
           (1) the offender is on probation, committed to the 
        commissioner of corrections, or on supervised release; 
           (2) information regarding sufficient evidence of a right to 
        restitution was has been submitted as required under paragraph 
        (a); and 
           (3) the true extent of the victim's loss or the loss of the 
        crime victims reparations board was not known at the time of the 
        sentencing or dispositional hearing, or hearing on the 
        restitution request. 
           If the court holds a hearing on the restitution request, 
        the court must notify the offender, the offender's attorney, the 
        victim, and the prosecutor, and the crime victims reparations 
        board at least five business days before the hearing.  The 
        court's restitution decision is governed by this section and 
        section 611A.045. 
           (c) The court shall grant or deny restitution or partial 
        restitution and shall state on the record its reasons for its 
        decision on restitution if information relating to restitution 
        has been presented.  If the court grants partial restitution it 
        shall also specify the full amount of restitution that may be 
        docketed as a civil judgment under subdivision 3.  The court may 
        not require that the victim waive or otherwise forfeit any 
        rights or causes of action as a condition of granting 
        restitution or partial restitution.  In the case of a defendant 
        who is on probation, the court may not refuse to enforce an 
        order for restitution solely on the grounds that the order has 
        been docketed as a civil judgment.  
           Sec. 7.  Minnesota Statutes 1994, section 611A.04, 
        subdivision 1a, is amended to read: 
           Subd. 1a.  [CRIME BOARD REQUEST.] The crime victims 
        reparations board may request restitution on behalf of a victim 
        by filing a copy of orders of the board, if any, which detail 
        any amounts paid by the board to the victim.  The board may file 
        the payment order with the court administrator or with the 
        person or agency the court has designated to obtain information 
        relating to restitution.  In either event, The board shall 
        submit the payment order not less than three business days 
        before the sentencing or dispositional hearing after it is 
        issued by the board.  The court administrator shall provide 
        copies of the payment order to the prosecutor and the offender 
        or the offender's attorney within 48 hours of receiving it from 
        the board or at least 24 hours before the sentencing or 
        dispositional hearing, whichever is earlier.  By operation of 
        law, the issue of restitution may be is reserved or the 
        sentencing or disposition continued if the payment order is not 
        received in time at least three days before the sentencing or 
        dispositional hearing.  The filing of a payment order for 
        reparations with the court administrator shall also serve as a 
        request for restitution by the victim.  The restitution 
        requested by the board may be considered to be both on its own 
        behalf and on behalf of the victim.  If the board has not paid 
        reparations to the victim or on the victim's behalf, restitution 
        may be made directly to the victim.  If the board has paid 
        reparations to the victim or on the victim's behalf, the court 
        shall order restitution payments to be made directly to the 
        board. 
           Sec. 8.  Minnesota Statutes 1994, section 611A.04, 
        subdivision 3, is amended to read: 
           Subd. 3.  [EFFECT OF ORDER FOR RESTITUTION.] An order of 
        restitution may be enforced by any person named in the order to 
        receive the restitution, or by the crime victims reparations 
        board in the same manner as a judgment in a civil action.  Any 
        order for restitution in favor of a victim shall also operate as 
        an order for restitution in favor of the crime victims 
        reparations board, if the board has paid reparations to the 
        victim or on the victim's behalf.  Filing fees for docketing an 
        order of restitution as a civil judgment are waived for any 
        victim named in the restitution order.  An order of restitution 
        shall be docketed as a civil judgment, in the name of any person 
        named in the order and in the name of the crime victims 
        reparations board, by the court administrator of the district 
        court in the county in which the order of restitution was 
        entered.  The court administrator also shall notify the 
        commissioner of revenue of the restitution debt in the manner 
        provided in chapter 270A, the revenue recapture act.  A juvenile 
        court is not required to appoint a guardian ad litem for a 
        juvenile offender before docketing a restitution order.  
        Interest shall accrue on the unpaid balance of the judgment as 
        provided in section 549.09.  Whether the order of restitution 
        has been docketed or not, it is a debt that is not dischargeable 
        in bankruptcy.  A decision for or against restitution in any 
        criminal or juvenile proceeding is not a bar to any civil action 
        by the victim or by the state pursuant to section 611A.61 
        against the offender.  The offender shall be given credit, in 
        any order for judgment in favor of a victim in a civil action, 
        for any restitution paid to the victim for the same injuries for 
        which the judgment is awarded. 
           Sec. 9.  Minnesota Statutes 1994, section 611A.25, 
        subdivision 3, is amended to read: 
           Subd. 3.  [TERMS; VACANCIES; EXPENSES.] Section 15.059 
        governs the filling of vacancies and removal of members of the 
        sexual assault advisory council.  The terms of the members of 
        the advisory council shall be two years.  No member may serve on 
        the advisory council for more than two consecutive terms.  
        Council members shall not receive per diem or expense 
        reimbursement as specified in section 15.059.  
           Sec. 10.  Minnesota Statutes 1994, section 611A.361, 
        subdivision 3, is amended to read: 
           Subd. 3.  [TERMS; VACANCIES; EXPENSES.] Section 15.059 
        governs the filling of vacancies and removal of members of the 
        general crime victims advisory council.  The terms of the 
        members of the advisory council shall be two years.  No member 
        may serve on the advisory council for more than two consecutive 
        terms.  Council members shall not receive per diem or expense 
        reimbursement as specified in section 15.059.  
           Sec. 11.  [611A.78] [CRIME VICTIM SERVICES ROUNDTABLE.] 
           Subdivision 1.  [MEMBERSHIP.] A crime victim services 
        roundtable is created and shall be convened by the commissioner 
        of administration or a designee.  The roundtable membership 
        shall include representatives from the following:  the 
        departments of health; human services; children, families, and 
        learning; corrections; and public safety; the supreme court; the 
        Minnesota planning agency; the office of the attorney general; 
        the office of crime victim ombudsman; the county attorneys 
        association; and the office of dispute resolution.  The 
        roundtable membership shall also include one person representing 
        the four councils designated in sections 3.922, 3.9223, 3.9225, 
        and 3.9226. 
           Subd. 2.  [DUTIES.] The crime victim services roundtable 
        shall meet at least four times each year to discuss issues 
        concerning victim services, including, but not limited to, 
        methods for improving the delivery of and securing increased 
        funding for victim services.  The roundtable shall present to 
        the legislature any initiatives, including those for increasing 
        efficiency in the administration of services, which require 
        legislative action. 
           Sec. 12.  [EFFECTIVE DATE.] 
           Sections 1 to 8, and 11 are effective August 1, 1996.  
        Sections 9 and 10 are effective July 1, 1996. 
                                   ARTICLE 8 
                                  CORRECTIONS 
           Section 1.  Minnesota Statutes 1995 Supplement, section 
        16B.181, is amended to read: 
           16B.181 [PURCHASES FROM CORRECTIONS INDUSTRIES.] 
           (a) The commissioner, in consultation with the commissioner 
        of corrections, shall prepare a list of products and services 
        that are available for purchase from department of corrections 
        industries.  After publication of the product and service list 
        by the commissioner, state agencies and institutions shall 
        purchase the listed products and services from department of 
        corrections industries if the products and services are 
        equivalent in price and quality to products and services 
        available from other sources unless the commissioner of 
        corrections certifies that the correctional institutions cannot 
        provide them at a price within five percent of the fair market 
        price for comparable level of quality and within a reasonable 
        delivery time.  In determining the fair market price, the 
        commissioner of administration shall use competitive bidding or 
        consider open market bid prices in previous years for similar 
        products and services, plus inflationary increases. 
           (b) The commissioner of administration shall ensure that 
        state agency specifications are not unduly restrictive as to 
        prevent corrections industries from providing products or 
        services that meet the needs of the purchasing department, 
        institution, or agency. 
           Subdivision 1.  [DEFINITIONS.] As used in this section: 
           (1) "public entity" or "public entities" include the state 
        and an agency, department, or institution of the state, and 
        state colleges and universities; and 
           (2) "items" include articles, products, supplies, and 
        services. 
           Subd. 2.  [PUBLIC ENTITIES; PURCHASES FROM CORRECTIONS 
        INDUSTRIES.] (a) The commissioner of corrections shall prepare 
        updated lists of the items available for purchase from 
        department of corrections industries and annually forward a copy 
        of the most recent list to all public entities within the 
        state.  A public entity that is supported in whole or in part 
        with funds from the state treasury shall purchase directly from 
        corrections industries those items that are comparable in price, 
        quality, and delivery time to items available from other 
        vendors.  An item is comparable in price if the price is no more 
        than five percent higher than the lowest bid price. 
           (b) The commissioner of administration shall develop a 
        contract pursuant to section 16B.09, to enable public entities 
        to purchase items directly from corrections industries.  The 
        commissioner of administration, in consultation with the 
        commissioner of corrections, shall determine the fair market 
        price for listed items.  In determining fair market price, the 
        commissioner shall use competitive bidding, or shall consider 
        open bid prices in previous years for similar products which 
        meet the needs of the public entity. 
           (c) No public entity may evade the intent of this section 
        by adopting slight variations in specifications, when Minnesota 
        corrections industry items meet the reasonable needs and 
        specifications of the public entity. 
           (d) As part of its ongoing audit process, the legislative 
        auditor is requested to ensure that state agencies are in 
        compliance with this section. 
           (c) (e) The commissioners of administration and corrections 
        shall appoint a joint task force to explore additional methods 
        that support the philosophy of providing a substantial market 
        opportunity to correctional industries that maximizes inmate 
        work opportunities.  The task force shall develop a plan and 
        prepare a set of criteria with which to evaluate the 
        effectiveness of the recommendations and initiatives in the 
        plan.  By February 15, 1997, the task force shall report to the 
        chairs of the senate and house of representatives committees 
        having jurisdiction over criminal justice funding. 
           Sec. 2.  [241.265] [HIGHER EDUCATION; CERTAIN PAYMENTS 
        PROHIBITED.] 
           The commissioner may not pay for a college education 
        program beyond the associate of arts degree level for an inmate 
        convicted of first or second degree murder.  The commissioner of 
        corrections may only pay for an associate of arts college 
        education program for an inmate convicted of first or second 
        degree murder if the inmate's participation in the program does 
        not increase the cost of the program to the institution. 
           Sec. 3.  Minnesota Statutes 1994, section 241.275, is 
        amended to read: 
           241.275 [PRODUCTIVE DAY INITIATIVE PROGRAMS; CORRECTIONAL 
        FACILITIES; HENNEPIN, RAMSEY, AND ST. LOUIS COUNTIES.] 
           Subdivision 1.  [PROGRAM ESTABLISHMENT.] (a) As used in 
        this section, "correctional facility" includes a community-based 
        day program to which an offender is sentenced in lieu of 
        incarceration, if the program provides close supervision of 
        offenders through such means as electronic monitoring and drug 
        and alcohol testing. 
           (b) The counties of Hennepin, Ramsey, and St. Louis shall 
        each establish a productive day initiative program in their 
        correctional facilities as described in this section.  The 
        productive day program shall be designed to motivate inmates 
        sentenced offenders in local correctional facilities to develop 
        basic life and work skills through training and education, 
        thereby creating opportunities for inmates on release offenders 
        to achieve more successful integration into the community upon 
        their release.  
           Subd. 2.  [PROGRAM COMPONENTS.] The productive day 
        initiative programs shall include components described in 
        paragraphs (a) to (c).  
           (a) The initiative programs shall contain programs designed 
        to promote the inmate's offender's self-esteem, self-discipline, 
        and economic self-sufficiency by providing structured training 
        and education with respect to basic life skills, including 
        hygiene, personal financial budgeting, literacy, and conflict 
        management. 
           (b) The programs shall contain individualized educational, 
        vocational, and work programs designed to productively occupy an 
        inmate offender for at least eight hours a day.  
           (c) The program administrators shall develop correctional 
        industry programs, including marketing efforts to attract work 
        opportunities both inside correctional facilities and outside in 
        the community.  Program options may include expanding and 
        reorganizing on-site industry programs, locating off-site 
        industry work areas, and community service work programs, and 
        employment programs.  To develop innovative work programs, 
        program administrators may enlist members of the business and 
        labor community to help target possible productive enterprises 
        for inmate offender work programs. 
           (d) Whenever inmates offenders are assigned to work within 
        the correctional facility or with any state department or 
        agency, local unit of government, or other government 
        subdivision, the program administrator must certify to the 
        appropriate bargaining agent that work performed by inmates 
        offenders will not result in the displacement of current 
        employed workers or workers on seasonal layoff or layoff from a 
        substantially equivalent position, including partial 
        displacement such as reduction in hours of work other than 
        overtime work, wages, or other employment benefits. 
           Subd. 3.  [ELIGIBILITY.] The administrators of each 
        productive day program shall develop criteria for inmate 
        offender eligibility for the program.  
           Subd. 4.  [EVALUATION.] The administrators of each of the 
        productive day initiative programs shall develop program 
        evaluation tools to monitor the success of the programs.  
           Subd. 5.  [REPORT.] Hennepin, Ramsey, and St. Louis 
        counties shall each report results of their evaluations to the 
        chairs of the house judiciary finance division and the senate 
        crime prevention finance division by July 1, 1996.  
           Sec. 4.  Minnesota Statutes 1995 Supplement, section 
        243.212, is amended to read: 
           243.212 [COPAYMENTS FOR HEALTH SERVICES.] 
           Any inmate of an adult correctional facility under the 
        control of the commissioner of corrections shall incur copayment 
        and coinsurance obligations for health care services received in 
        the amounts established for adult enrollees of the MinnesotaCare 
        program established under section 256.9353, subdivision 7, to 
        the extent the inmate has available funds obligations for health 
        care services provided.  The copayment will be paid from the 
        inmate account of earnings and other funds, as provided in 
        section 243.23, subdivision 3.  The funds paid under this 
        subdivision are appropriated to the commissioner of corrections 
        for the delivery of health care services to inmates.  
           Sec. 5.  [243.555] [SMOKING BY INMATES PROHIBITED.] 
           No inmate in a state correctional facility may possess or 
        use tobacco or a tobacco-related device.  For the purposes of 
        this section, "tobacco" and "tobacco-related device" have the 
        meanings given in section 609.685, subdivision 1.  This section 
        does not prohibit the possession or use of tobacco or a 
        tobacco-related device by an adult as a part of a traditional 
        Indian spiritual or cultural ceremony.  For purposes of this 
        section, an Indian is a person who is a member of an Indian 
        tribe as defined in section 257.351, subdivision 9. 
           Sec. 6.  Minnesota Statutes 1994, section 244.17, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ELIGIBILITY.] The commissioner must limit the 
        challenge incarceration program to the following persons: 
           (1) offenders who are committed to the commissioner's 
        custody following revocation of a stayed sentence; and 
           (2) offenders who are committed to the commissioner's 
        custody for a, who have 36 months or less in or remaining in 
        their term of imprisonment of not less than 18 months nor more 
        than 36 months, and who did not receive a dispositional 
        departure under the sentencing guidelines. 
        An eligible inmate is not entitled to participate in the program.
           Sec. 7.  Minnesota Statutes 1994, section 244.172, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PHASE II.] Phase II of the program lasts at 
        least six months.  The offender shall serve this phase of the 
        offender's sentence in an intensive supervision and surveillance 
        program established by the commissioner.  The commissioner may 
        impose such requirements on the offender as are necessary to 
        carry out the goals of the program.  Throughout phase II, the 
        offender must be required to submit to drug and alcohol tests 
        randomly or for cause, on demand of the supervising agent.  The 
        commissioner shall also require the offender to report daily to 
        a day-reporting facility designated by the commissioner.  In 
        addition, if the commissioner required the offender to undergo 
        acupuncture during phase I, the offender must submit to 
        acupuncture treatment throughout phase II, on demand of the 
        supervising agent. 
           Sec. 8.  Minnesota Statutes 1994, section 260.311, 
        subdivision 3a, is amended to read: 
           Subd. 3a.  [DETAINING PERSON ON CONDITIONAL RELEASE OR 
        PROBATION.] (a) The written order of the court services director 
        or designee of a county probation agency not organized under 
        chapter 401 is sufficient authority for peace officers and 
        county probation officers serving a the district or juvenile 
        court may, without a warrant of nonparticipating counties when 
        it appears necessary to prevent escape or enforce discipline, to 
        take and detain a probationer or any person on conditional 
        release and bring that person before the court or the 
        commissioner of corrections, whichever is appropriate, for 
        disposition.  No probationer or other person on conditional 
        release shall be detained under this subdivision more than 72 
        hours, excluding Saturdays, Sundays and holidays, without being 
        given an opportunity for a hearing before the court or the 
        commissioner of corrections or a designee. 
           (b) The written order of the court services director or 
        designee of a county probation agency not established under 
        chapter 401 is sufficient authority for probation officers 
        serving the district and juvenile courts of nonparticipating 
        counties to release within 72 hours, exclusive of legal 
        holidays, Saturdays, and Sundays, without appearance before the 
        court or the commissioner of corrections or a designee, any 
        person detained pursuant to paragraph (a). 
           (c) The written order of the chief executive officer or 
        designee of a county corrections agency established under this 
        section and not organized under chapter 401 is sufficient 
        authority for any peace officer or county probation officer to 
        take and place in actual custody any person under sentence or on 
        probation who: 
           (1) fails to report to serve a sentence at a local 
        correctional facility, as defined in section 241.021, 
        subdivision 1; 
           (2) fails to return from furlough or authorized temporary 
        release from a local correctional facility; 
           (3) escape from a local correctional facility; or 
           (4) absconds from court-ordered home detention. 
           (d) The written order of the court services director or 
        designee of a county probation agency established under this 
        section and not organized under chapter 401 is sufficient 
        authority for any peace officer or county probation officer to 
        take and place in actual custody any person on a 
        court-authorized pretrial release who absconds from pretrial 
        release or fails to abide by the conditions of pretrial release. 
           Sec. 9.  Minnesota Statutes 1994, section 352.90, is 
        amended to read: 
           352.90 [POLICY.] 
           It is the policy of the legislature to provide special 
        retirement benefits and contributions for certain correctional 
        employees who may be required to retire at an early age because 
        they lose the mental or physical capacity required to maintain 
        the safety, security, discipline, and custody of inmates at 
        state adult correctional facilities or of patients at the 
        Minnesota security hospital or at the Minnesota sexual 
        psychopathic personality treatment center.  
           Sec. 10.  Minnesota Statutes 1994, section 352.91, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [QUALIFYING JOBS.] "Covered correctional 
        service" means:  (1) services service performed on, before, or 
        after July 1, 1973, by a state employee, as defined in section 
        352.01, employed at a state correctional facility, the Minnesota 
        security hospital, or the Minnesota sexual psychopathic 
        personality treatment center as an attendant guard, attendant 
        guard supervisor, correctional captain, correctional counselor 
        I, correctional counselor II, correctional counselor III, 
        correctional counselor IV, correctional lieutenant, correctional 
        officer, correctional sergeant, director of attendant guards, 
        and guard farmer garden, provided the employee was employed in 
        the position on July 1, 1973, or after; (2) services performed 
        before July 1, 1973, by an employee covered under clause (1) in 
        a position classified as a houseparent, special schools 
        counselor, shop instructor, or guard instructor; and (3) 
        services performed before July 1, 1973, in a position listed in 
        clause (1) and positions classified as houseparent, guard 
        instructor, and guard farmer dairy, by a person employed on July 
        1, 1973, in a position classified as a license plant manager, 
        prison industry lead supervisor (general, metal fabricating and 
        foundry), prison industry supervisor, food service manager, 
        prison farmer supervisor, prison farmer assistant supervisor, or 
        rehabilitation therapist employed at the Minnesota security 
        hospital.  However, an employee is not covered under sections 
        352.91 to 352.951 if first employed after July 1, 1973, and 
        because of age could not acquire sufficient service to qualify 
        for an annuity as a correctional employee: 
           (1) a corrections officer 1; 
           (2) a corrections officer 2; 
           (3) a corrections officer 3; 
           (4) a corrections officer supervisor; 
           (5) a corrections officer 4; 
           (6) a corrections captain; 
           (7) a security counselor; or 
           (8) a security counselor lead. 
           Sec. 11.  Minnesota Statutes 1994, section 352.91, 
        subdivision 2, is amended to read: 
           Subd. 2.  [TEACHING, MAINTENANCE, AND TRADES.] "Covered 
        correctional service" also means service rendered at any time by 
        state employees as special teachers, maintenance personnel, and 
        members of trades certified by the commissioner of employee 
        relations as being regularly engaged in rehabilitation, 
        treatment, custody, or supervision of inmates employed at the a 
        Minnesota correctional facility-St. Cloud, the Minnesota 
        correctional facility-Stillwater and the Minnesota correctional 
        facility-Shakopee on or after July 1, 1974, other than any 
        employees who are age 62 or older as of July 1, 1974.  Effective 
        the first payroll period after June 1, 1980, or the date of 
        initial employment in covered correctional service, whichever is 
        later, "covered correctional service" also includes those 
        employees of the Minnesota correctional facility-Lino Lakes and 
        the employees of any other adult state correctional facility 
        which may be established, who perform covered correctional 
        service after June 1, 1980.  "Special teacher" also includes the 
        classifications of facility educational administrator and 
        supervisor facility, or of patients at the Minnesota security 
        hospital or at the Minnesota sexual psychopathic personality 
        treatment center. 
           Sec. 12.  Minnesota Statutes 1994, section 352.91, is 
        amended by adding a subdivision to read: 
           Subd. 2a.  [SPECIAL TEACHERS.] "Covered correctional 
        service" also means service rendered by a state employee as a 
        special teacher employed by the department of corrections or by 
        the department of human services at a security unit, provided 
        that at least 75 percent of the employee's working time is spent 
        in direct contact with inmates or patients and the fact of this 
        direct contact is certified to the executive director by the 
        appropriate commissioner, unless the person elects to retain the 
        current retirement coverage under section 21. 
           Sec. 13.  Minnesota Statutes 1994, section 352.91, 
        subdivision 3b, is amended to read: 
           Subd. 3b.  [OLDER EMPLOYEES FORMERLY EXCLUDED.] "Covered 
        correctional service" also means service performed by certain 
        state employees in positions usually covered by this section 
        who:  (1) were excluded by law from coverage between July 1973 
        and July 1980; (2) were age 45 or over when hired; (3) are were 
        state employees on March 26, 1986; and (4) elect who elected 
        coverage.  Eligible employees who elect coverage must file 
        written notice of their election with the director before July 
        1, 1986.  An employee who did not elect coverage before July 1, 
        1986, is not covered by the correctional retirement plan, even 
        if the employee's employment classification may be considered to 
        be covered correctional service under another subdivision of 
        this section. 
           Sec. 14.  Minnesota Statutes 1994, section 352.91, is 
        amended by adding a subdivision to read: 
           Subd. 3c.  [NURSING PERSONNEL.] (a) "Covered correctional 
        service" means service by a state employee in one of the 
        employment positions at a correctional facility or at the 
        Minnesota security hospital specified in paragraph (b), provided 
        that at least 75 percent of the employee's working time is spent 
        in direct contact with inmates or patients and the fact of this 
        direct contact is certified to the executive director by the 
        appropriate commissioner, unless the person elects to retain the 
        current retirement coverage under section 21. 
           (b) The employment positions are as follows: 
           (1) registered nurse - senior; 
           (2) registered nurse; 
           (3) registered nurse - principal; and 
           (4) licensed practical nurse 2. 
           Sec. 15.  Minnesota Statutes 1994, section 352.91, is 
        amended by adding a subdivision to read: 
           Subd. 3d.  [OTHER CORRECTIONAL PERSONNEL.] (a) "Covered 
        correctional service" means service by a state employee in one 
        of the employment positions at a correctional facility or at the 
        Minnesota security hospital specified in paragraph (b), provided 
        that at least 75 percent of the employee's working time is spent 
        in direct contact with inmates or patients and the fact of this 
        direct contact is certified to the executive director by the 
        appropriate commissioner, unless the person elects to retain the 
        current retirement coverage under section 21. 
           (b) The employment positions are as follows:  baker, 
        chemical dependency counselor supervisor, chief cook, cook, cook 
        coordinator, corrections behavior therapist, corrections 
        behavior therapist specialist, corrections parent education 
        coordinator, corrections security caseworker, corrections 
        security caseworker career, corrections teaching assistant, 
        dentist, electrician supervisor, general repair worker, 
        library/information research services specialist, library 
        information research services specialist senior, plumber 
        supervisor, psychologist 3, recreation therapist, recreation 
        therapist coordinator, recreation program assistant, recreation 
        therapist senior, stores clerk senior, water treatment plant 
        operator, work therapy technician, work therapy assistant, work 
        therapy program coordinator. 
           Sec. 16.  Minnesota Statutes 1994, section 352.91, 
        subdivision 4, is amended to read: 
           Subd. 4.  [CERTIFICATION PROCEDURE FOR ADDITIONAL 
        POSITIONS.] Upon the recommendation of the commissioner of 
        corrections or the commissioner of human services, whichever is 
        the appropriate employing authority, with the approval of the 
        legislative advisory committee and with notification to and 
        receipt of comments from the legislative commission on pensions 
        and retirement, the commissioner of employee relations may 
        certify additional civil service classifications positions at a 
        state correctional or security hospital facilities facility, the 
        Minnesota security hospital, or the Minnesota sexual 
        psychopathic personality treatment center to the executive 
        director of the Minnesota state retirement system as positions 
        rendering covered correctional service.  The commissioner of 
        corrections and the commissioner of human services must 
        establish, in writing, a set of criteria upon which to base a 
        recommendation for certifying additional civil service 
        classifications as rendering covered correctional service. 
           Sec. 17.  Minnesota Statutes 1994, section 352.91, is 
        amended by adding a subdivision to read: 
           Subd. 5.  [CORRECTION OF ERRORS.] (a) If it is determined 
        that an employee should have been covered by the correctional 
        retirement plan but was placed in the general employees 
        retirement plan or teachers retirement association in error, the 
        commissioner of corrections or the commissioner of human 
        services must report the error to the executive director of the 
        Minnesota state retirement system.  The service must be properly 
        credited under the correctional employees retirement plan for a 
        period of not to exceed five years before the date on which the 
        commissioner of corrections or human services notifies the 
        executive director of the Minnesota state retirement system in 
        writing or five years from the date on which an employee 
        requests, in writing, the applicable department to determine if 
        the person has appropriate retirement plan coverage, whichever 
        is earlier.  If the error covers more than a five-year period, 
        the service before the five-year period must remain under the 
        plan originally credited the service.  The employee shall pay 
        the difference between the employee contributions actually paid 
        during the five-year period and what should have been paid under 
        the correctional employees retirement plan.  The department 
        making the error shall pay to the correctional employees 
        retirement plan an amount equal to the difference in the present 
        value of accrued retirement benefits caused by the change in 
        coverage after subtracting the amount paid by the employee.  
        Calculation of this amount must be made by the executive 
        director of the Minnesota state retirement system using the 
        applicable preretirement interest rate specified in section 
        356.215, subdivision 4d, and the mortality table adopted for the 
        Minnesota state retirement system.  The calculation must assume 
        continuous future service in the correctional employees 
        retirement plan until the employee would reach the age eligible 
        for normal retirement.  The calculation must also assume a 
        future salary history that includes annual salary increases at 
        the salary increase rate or rates specified in section 356.215, 
        subdivision 4d. 
           (b) If an employee was covered under the correctional 
        employees retirement plan, but it is determined that the person 
        should have been covered under the general employees retirement 
        plan, the error must be corrected if written notification is 
        provided to the employee and the executive director of the 
        Minnesota state retirement system within three years of the date 
        on which the coverage was improperly started.  The difference in 
        employee and employer contributions actually paid to the 
        correctional employees retirement plan in excess of the amount 
        that should have been paid to the general employees retirement 
        plan must be refunded to the employee and the employer paying 
        the additional contributions. 
           Sec. 18.  Minnesota Statutes 1994, section 352.92, 
        subdivision 2, is amended to read: 
           Subd. 2.  [EMPLOYER CONTRIBUTIONS.] (a) In lieu of employer 
        contributions payable under section 352.04, subdivision 3, the 
        employer shall contribute for covered correctional employees an 
        amount equal to 6.27 6.75 percent of salary.  
           (b) By January 1 of each year, the board of directors shall 
        report to the legislative commission on pensions and retirement, 
        the chair of the committee on appropriations of the house of 
        representatives, and the chair of the committee on finance of 
        the senate on the amount raised by the employer and employee 
        contribution rates in effect and whether the total amount is 
        less than, the same as, or more than the actuarial requirement 
        determined under section 356.215. 
           Sec. 19.  Minnesota Statutes 1994, section 401.10, is 
        amended to read: 
           401.10 [COMMUNITY CORRECTIONS EQUALIZATION FORMULA AID.] 
           Subdivision 1.  [AID CALCULATIONS.] To determine 
        the community corrections aid amount to be paid to each 
        participating counties county, the commissioner of 
        corrections will must apply the following formula: 
           (1) All 87 counties will be scored in accordance with a 
        formula involving four factors: 
           (a) per capita income; 
           (b) per capita net tax capacity; 
           (c) per capita expenditure per 1,000 population for 
        correctional purposes, and; 
           (d) percent of county population aged six through 30 years 
        of age according to the most recent federal census, and, in the 
        intervening years between the taking of the federal census, 
        according to the state demographer.  
           "Per capita expenditure per 1,000 population" for each 
        county is to be determined by multiplying the number of persons 
        convicted of a felony under supervision in each county at the 
        end of the current year by $350.  To the product thus obtained 
        will be added: 
           (i) the number of presentence investigations completed in 
        that county for the current year multiplied by $50; 
           (ii) the annual cost to the county for county probation 
        officers' salaries for the current year; and 
           (iii) 33-1/3 percent of such annual cost for probation 
        officers' salaries.  
           The total figure obtained by adding the foregoing items is 
        then divided by the total county population according to the 
        most recent federal census, or, during the intervening years 
        between federal censuses, according to the state demographer.  
           (2) The percent of county population aged six through 30 
        years shall be determined according to the most recent federal 
        census, or, during the intervening years between federal 
        censuses, according to the state demographer.  
           (3) Each county is then scored as follows: 
           (a) Each county's per capita income is divided into the 87 
        county average; 
           (b) Each county's per capita net tax capacity is divided 
        into the 87 county average; 
           (c) Each county's per capita expenditure for correctional 
        purposes is divided by the 87 county average; 
           (d) Each county's percent of county population aged six 
        through 30 is divided by the 87 county average.  
           (4) The scores given each county on each of the foregoing 
        four factors are then totaled and divided by four.  
           (5) The quotient thus obtained then becomes the computation 
        factor for the county.  This computation factor is then 
        multiplied by a "dollar value," as fixed by the appropriation 
        pursuant to sections 401.01 to 401.16, times the total county 
        population.  The resulting product is the amount of subsidy to 
        which the county is eligible under sections 401.01 to 401.16.  
        Notwithstanding any law to the contrary, the commissioner of 
        corrections, after notifying the committees on finance of the 
        senate and appropriations of the house of representatives, may, 
        at the end of any fiscal year, transfer any unobligated funds in 
        any appropriation to the department of corrections to the 
        appropriation under sections 401.01 to 401.16, which 
        appropriation shall not cancel but is reappropriated for the 
        purposes of sections 401.01 to 401.16.  
           (1) For each of the 87 counties in the state, a percent 
        score must be calculated for each of the following five factors: 
           (a) percent of the total state population aged ten to 24 
        residing within the county according to the most recent federal 
        census, and, in the intervening years between the taking of the 
        federal census, according to the most recent estimate of the 
        state demographer; 
           (b) percent of the statewide total number of felony case 
        filings occurring within the county, as determined by the state 
        court administrator; 
           (c) percent of the statewide total number of juvenile case 
        filings occurring within the county, as determined by the state 
        court administrator; 
           (d) percent of the statewide total number of gross 
        misdemeanor case filings occurring within the county, as 
        determined by the state court administrator; and 
           (e) percent of the total statewide number of convicted 
        felony offenders who did not receive an executed prison 
        sentence, as monitored and reported by the sentencing guidelines 
        commission.  
           The percents in clauses (b) to (e) must be calculated by 
        combining the most recent three-year period of available data.  
        The percents in clauses (a) to (e) each must sum to 100 percent 
        across the 87 counties. 
           (2) For each of the 87 counties, the county's percents in 
        clauses (a) to (e) must be weighted, summed, and divided by the 
        sum of the weights to yield an average percent for each county, 
        referred to as the county's "composite need percent."  When 
        performing this calculation, the weight for each of the percents 
        in clauses (a) to (e) is 1.0.  The composite need percent must 
        sum to 100 percent across the 87 counties. 
           (3) For each of the 87 counties, the county's "adjusted net 
        tax capacity percent" is the county's adjusted net tax capacity 
        amount, defined in the same manner as it is defined for cities 
        in section 477A.011, subdivision 20, divided by the statewide 
        total adjusted net tax capacity amount.  The adjusted net tax 
        capacity percent must sum to 100 percent across the 87 counties. 
           (4) For each of the 87 counties, the county's composite 
        need percent must be divided by the county's adjusted net tax 
        capacity percent to produce a ratio that, when multiplied by the 
        county's composite need percent, results in the county's "tax 
        base adjusted need percent." 
           (5) For each of the 87 counties, the county's tax base 
        adjusted need percent must be added to twice the composite need 
        percent, and the sum must be divided by 3, to yield the county's 
        "weighted need percent." 
           (6) Each participating county's weighted need percent must 
        be added to the weighted need percent of each other 
        participating county to yield the "total weighted need percent 
        for participating counties." 
           (7) Each participating county's weighted need percent must 
        be divided by the total weighted need percent for participating 
        counties to yield the county's "share percent."  The share 
        percents for participating counties must sum to 100 percent. 
           (8) Each participating county's "base funding amount" is 
        the aid amount that the county received under this section for 
        fiscal year 1995, as reported by the commissioner of 
        corrections.  In fiscal year 1997 and thereafter, no county's 
        aid amount under this section may be less than its base funding 
        amount, provided that the total amount appropriated for this 
        purpose is at least as much as the aggregate base funding amount 
        defined in clause (9). 
           (9) The "aggregate base funding amount" is equal to the sum 
        of the base funding amounts for all participating counties.  If 
        a county that participated under this section during fiscal year 
        1995 chooses not to participate in any given year, then the 
        aggregate base funding amount must be reduced by that county's 
        base funding amount.  If a county that did not participate under 
        this section in fiscal year 1995 chooses to participate in any 
        given year, then the aggregate base funding amount must be 
        increased by the amount of aid that the county would have 
        received had it participated in fiscal year 1995, as reported by 
        the commissioner of corrections, and the amount of increase 
        shall be that county's base funding amount. 
           (10) In any given year, the total amount appropriated for 
        this purpose first must be allocated to participating counties 
        in accordance with each county's base funding amount.  Then, any 
        remaining amount in excess of the aggregate base funding amount 
        must be allocated to participating counties in proportion to 
        each county's share percent, and is referred to as the county's 
        "formula amount." 
           Each participating county's "community corrections aid 
        amount" equals the sum of (i) the county's base funding amount, 
        and (ii) the county's formula amount. 
           However, if in any year the total amount appropriated for 
        the purpose of this section is less than the aggregate base 
        funding amount, then each participating county's community 
        corrections aid amount is the product of (i) the county's base 
        funding amount multiplied by (ii) the ratio of the total amount 
        appropriated to the aggregate base funding amount. 
           For each participating county, the county's community 
        corrections aid amount calculated in this subdivision is the 
        total amount of subsidy to which the county is entitled under 
        sections 401.01 to 401.16. 
           Subd. 2.  [TRANSFER OF FUNDS.] Notwithstanding any law to 
        the contrary, the commissioner of corrections, after notifying 
        the committees on finance of the senate and ways and means of 
        the house of representatives, may, at the end of any fiscal 
        year, transfer any unobligated funds in any appropriation to the 
        department of corrections to the appropriation under sections 
        401.01 to 401.16, which appropriation shall not cancel but is 
        reappropriated for the purposes of sections 401.01 to 401.16. 
           Subd. 3.  [FORMULA REVIEW.] Prior to January 16, 2002, the 
        committees with jurisdiction over community corrections funding 
        decisions in the house of representatives and the senate, in 
        consultation with the department of corrections and any 
        interested county organizations, must review the formula in 
        subdivision 1 and make recommendations to the legislature for 
        its continuation, modification, replacement, or discontinuation. 
           Sec. 20.  Minnesota Statutes 1995 Supplement, section 
        641.15, subdivision 2, is amended to read: 
           Subd. 2.  [MEDICAL AID.] Except as provided in section 
        466.101, the county board shall pay the costs of medical 
        services provided to prisoners.  The county is entitled to 
        reimbursement from the prisoner for payment of medical bills to 
        the extent that the prisoner to whom the medical aid was 
        provided has the ability to pay the bills.  If the prisoner does 
        not have the ability to pay the prisoner's entire medical bill, 
        The prisoner shall, at a minimum, incur copayment and 
        coinsurance obligations for health care services received in the 
        amounts established for adult enrollees of the MinnesotaCare 
        program established under section 256.9353, subdivision 7, to 
        the extent the prisoner has available funds provided by a county 
        correctional facility.  The county board shall determine the 
        copayment amount.  Notwithstanding any law to the contrary, the 
        copayment shall be deducted from any of the prisoner's funds 
        held by the county, to the extent possible.  If there is a 
        disagreement between the county and a prisoner concerning the 
        prisoner's ability to pay, the court with jurisdiction over the 
        defendant shall determine the extent, if any, of the prisoner's 
        ability to pay for the medical services.  If a prisoner is 
        covered by health or medical insurance or other health plan when 
        medical services are provided, the county providing the medical 
        services has a right of subrogation to be reimbursed by the 
        insurance carrier for all sums spent by it for medical services 
        to the prisoner that are covered by the policy of insurance or 
        health plan, in accordance with the benefits, limitations, 
        exclusions, provider restrictions, and other provisions of the 
        policy or health plan.  The county may maintain an action to 
        enforce this subrogation right.  The county does not have a 
        right of subrogation against the medical assistance program or 
        the general assistance medical care program. 
           Sec. 21.  [TEMPORARY PROVISION; ELECTION TO RETAIN 
        RETIREMENT COVERAGE.] 
           (a) An employee in a position specified as qualifying under 
        sections 12, 14, and 15, may elect to retain coverage under the 
        general employees retirement plan of the Minnesota state 
        retirement system or the teachers retirement association, or may 
        elect to have coverage transferred to and to contribute to the 
        correctional employees retirement plan.  An employee electing to 
        participate in the correctional employees retirement plan shall 
        begin making contributions to the correctional plan beginning 
        the first full pay period after January 1, 1997, or the first 
        full pay period following filing of their election to transfer 
        coverage to the correctional employees retirement plan, 
        whichever is later.  The election to retain coverage or to 
        transfer coverage must be made in writing by the person on a 
        form prescribed by the executive director of the Minnesota state 
        retirement system and must be filed with the executive director 
        no later than June 30, 1997. 
           (b) An employee failing to make an election by June 15, 
        1997, must be notified by certified mail by the executive 
        director of the Minnesota state retirement system or of the 
        teachers retirement association, whichever applies, of the 
        deadline to make a choice.  A person who does not submit an 
        election form must continue coverage in the general employees 
        retirement plan or the teachers retirement association, 
        whichever applies, and forfeits all rights to transfer 
        retirement coverage to the correctional employees retirement 
        plan. 
           (c) The election to retain coverage in the general employee 
        retirement plan or the teachers retirement association or the 
        election to transfer retirement coverage to the correctional 
        employees retirement plan is irrevocable once it is filed with 
        the executive director. 
           Sec. 22.  [COVERAGE FOR PRIOR STATE SERVICE FOR CERTAIN 
        PERSONS.] 
           Subdivision 1.  [ELECTION OF PRIOR STATE SERVICE 
        COVERAGE.] (a) An employee who has future retirement coverage 
        transferred to the correctional employees retirement plan under 
        sections 12, 14, and 15, and who does not elect to retain 
        general state employee retirement plan or teachers retirement 
        association coverage is entitled to elect to obtain prior 
        service credit for eligible state service performed on or after 
        July 1, 1975, and before the first day of the first full pay 
        period beginning after June 30, 1997, with the department of 
        corrections or with the department of human services at the 
        Minnesota security hospital.  All prior service credit must be 
        purchased.  
           (b) Eligible state service with the department of 
        corrections or with the department of human services is any 
        prior period of continuous service on or after July 1, 1975, 
        performed as an employee of the department of corrections or of 
        the department of human services that would have been eligible 
        for the correctional employees retirement plan coverage under 
        sections 12, 14, and 15, if that prior service had been 
        performed after the first day of the first full pay period 
        beginning after December 31, 1996, rather than before that 
        date.  Service is continuous if there has been no period of 
        discontinuation of eligible state service for a period greater 
        than 180 calendar days. 
           (c) The department of corrections or the department of 
        human services, whichever applies, shall certify eligible state 
        service to the executive director of the Minnesota state 
        retirement system. 
           (d) A covered correctional plan employee employed on 
        January 1, 1997, who has past service in a job classification 
        covered under section 12, 14, or 15 on January 1, 1997, is 
        entitled to purchase the past service if the applicable 
        department certifies that the employee met the eligibility 
        requirements for coverage.  The employee must make the 
        additional employee contributions under section 17.  Payments 
        for past service must be completed by June 30, 1999.  
           Subd. 2.  [PAYMENT FOR PRIOR SERVICE.] (a) An employee 
        electing to obtain prior service credit under subdivision 1 must 
        pay an additional employee contribution for that prior service 
        except for any period of time that the employee was a member of 
        the basic program of the teachers retirement association.  The 
        additional member contribution is the contribution differential 
        percentage applied to the actual salary paid to the employee 
        during the period of the prior eligible state service, plus 
        interest at the rate of six percent per annum, compounded 
        annually.  The contribution differential percentage is the 
        difference between 4.9 percent of salary and the applicable 
        employee contribution rate of the general state employees 
        retirement plan or the teachers retirement association during 
        the prior eligible state service. 
           (b) The additional member contribution must be paid only in 
        a lump sum.  Payment must accompany the election to obtain prior 
        service credit.  No election or payment may be made by the 
        person or accepted by the executive director after June 30, 1999.
           Subd. 3.  [TRANSFER OF ASSETS.] Assets must be transferred 
        from the teachers retirement association or the general state 
        employees retirement plan, whichever applies, to the 
        correctional employees retirement plan in an amount equal to the 
        present value of benefits earned under the general employees 
        retirement plan or the teachers retirement plan, whichever 
        applies, for each employee transferring to the correctional 
        employees retirement plan, as determined by the actuary retained 
        by the legislative commission on pensions and retirement in 
        accordance with Minnesota Statutes, section 356.215, multiplied 
        by the accrued liability funding ratio of active members as 
        derived from the most recent actuarial valuation prepared by the 
        commission-retained actuary.  The transfer of assets must be 
        made within 45 days after the employee elects to transfer 
        coverage to the correctional employees retirement plan. 
           Subd. 4.  [EFFECT OF THE ASSET TRANSFER.] Upon the transfer 
        of assets in subdivision 3, service credit in the general state 
        employees plan of the Minnesota state retirement system or the 
        teachers retirement association, whichever applies, is forfeited 
        and may not be reinstated.  The service credit and transferred 
        assets must be credited to the correctional employees retirement 
        plan. 
           Subd. 5.  [COUNSELING.] (a) The commissioners of 
        corrections, human services, and employee relations, and the 
        executive directors of the Minnesota state retirement system and 
        teachers retirement association have the joint responsibility of 
        providing affected employees of the department of corrections or 
        the department of human services with appropriate and timely 
        retirement and related benefit counseling. 
           (b) Counseling must include the anticipated impact of the 
        retirement coverage change on the person's future retirement 
        benefit amounts, future retirement eligibility, future 
        applicability of mandatory retirement laws, and future 
        postemployment insurance coverage. 
           (c) The commissioners of corrections and human services 
        must consult with the appropriate collective bargaining agents 
        of the affected employees regarding the content, form, and 
        timing of the counseling required by this section. 
           Sec. 23.  [TRANSITIONAL PROVISION; RETENTION OF CERTAIN 
        RIGHTS.] 
           (a) Nothing in this article may be considered to restrict 
        the entitlement of a person under state law to repay a 
        previously taken refund of employee or member contributions to a 
        Minnesota public pension plan if all qualifying requirements are 
        met. 
           (b) The period of correctional employees retirement plan 
        contributions, plus interest, must be restored upon the 
        repayment of the appropriate refund amount if the service was 
        correctional employees retirement plan covered service on the 
        date when the service was rendered or on the date when the 
        refund was taken. 
           Sec. 24.  [EARLY RETIREMENT INCENTIVE.] 
           This section applies to an employee who has future 
        retirement coverage transferred to the correctional employee 
        retirement plan under sections 12, 14, and 15, and who is at 
        least 55 years old on the effective date of sections 12, 14, and 
        15.  That employee may participate in a health insurance early 
        retirement incentive available under the terms of a collective 
        bargaining agreement in effect on the day before the effective 
        date of sections 12, 14, and 15, notwithstanding any provision 
        of the collective bargaining agreement that limits participation 
        to persons who select the option during the payroll period in 
        which their 55th birthday occurs.  A person selecting the health 
        insurance early retirement incentive under this section must 
        retire by the later of December 31, 1997, or within the pay 
        period following the time at which the person has at least three 
        years of covered correctional service, including any purchased 
        service credit.  An employee meeting this criteria who wishes to 
        extend the person's employment must do so under Minnesota 
        Statutes, section 43A.34, subdivision 3.  
           Sec. 25.  [INMATE RECIDIVISM STUDY.] 
           The legislative audit commission is requested to direct the 
        legislative auditor to analyze and report on the recidivism 
        rates of felons released from state and local correctional 
        facilities and programs.  If the commission directs the auditor 
        to conduct this evaluation, the auditor shall report to the 
        chairs of the senate and house of representatives committees 
        having jurisdiction over criminal justice policy by February 15, 
        1997. 
           Sec. 26.  [SYSTEMWIDE EVALUATION OF CORRECTIONS.] 
           Subdivision 1.  [COMMISSIONER'S DUTIES.] The commissioner 
        of administration shall conduct a thorough evaluation of the 
        state's correctional system, including: 
           (1) the operation of state correctional facilities, 
        including: 
           (i) programming; 
           (ii) staffing; and 
           (iii) medical services; and 
           (2) strategic planning to meet the state's correctional 
        needs. 
        The commissioner shall evaluate the effectiveness of current 
        correctional policies and recommend appropriate alternatives and 
        cost savings. 
           Subd. 2.  [REPORT REQUIRED.] By December 15, 1996, the 
        commissioner shall report to the chairs of the senate and house 
        of representatives committees having jurisdiction over criminal 
        justice policy and funding on the results of the evaluation. 
           Sec. 27.  [EVALUATION OF PRISON INDUSTRY PROGRAM BY 
        CONSULTANT.] 
           By May 15, 1996, the commissioner of administration shall 
        issue a request for proposals to serve as a consultant to 
        evaluate the operation of prison industries in this state.  By 
        July 1, 1996, the commissioner shall select the consultant.  The 
        consultant shall develop a five-year business plan and report on 
        the contents of the plan as required in section 28. 
           Sec. 28.  [FIVE-YEAR BUSINESS PLAN TO BE DEVELOPED BY 
        MINNCOR AND CONSULTANT.] 
           Subdivision 1.  [BUSINESS PLANS.] (a) MinnCor and the 
        consultant retained under section 26 shall develop five-year 
        business plans for the operation of prison industries at state 
        and local correctional facilities.  By February 1, 1997, the 
        consultant and the chief executive officer of MinnCor shall 
        report to the governor and the majority and minority leaders of 
        the senate and house of representatives on the contents of the 
        respective plans. 
           (b) Representatives of labor organizations certified to 
        represent MinnCor employees may also develop a five-year 
        business plan either separately or in conjunction with MinnCor 
        and submit it to the governor and the majority and minority 
        leaders of the senate and house of representatives by February 
        1, 1997. 
           (c) The consultant and MinnCor shall consult with the 
        representatives of labor organizations certified to represent 
        MinnCor employees in preparing the five-year plans. 
           Subd. 2.  [ACCESS TO INFORMATION.] (a) In developing the 
        five-year plan, the consultant shall have access to: 
           (1) all records kept by MinnCor in the course of its 
        business, including financial records; 
           (2) all correctional facilities; 
           (3) all noninmate employees of MinnCor; and 
           (4) all inmates employed by MinnCor. 
        Representatives of labor organizations developing a five-year 
        plan pursuant to subdivision 1, paragraph (b), shall also have 
        all the access specified in this subdivision. 
           (b) The consultant shall have the right to conduct private, 
        confidential interviews with all inmate and noninmate employees 
        of MinnCor who consent to be interviewed.  
           The commissioner of corrections and the chief executive 
        officer of MinnCor shall cooperate with the consultant and the 
        exclusive representatives to ensure that the access specified in 
        this subdivision is given. 
           Subd. 3.  [CONSULTANT'S PLAN.] (a) In developing a 
        five-year business plan, the consultant shall assume that a 
        private corporation will be operating prison industries and that 
        the corporation will be required to: 
           (1) employ at least the same number of inmates by the end 
        of its first year of operation as MinnCor employed on July 1, 
        1996; 
           (2) initially offer employment to noninmate MinnCor 
        employees prior to any other hiring, to fill available positions 
        at the same salaries and benefits, including pension benefits, 
        as the employees were earning as of July 1, 1996; 
           (3) operate without any state subsidy; 
           (4) provide adequate security at its own expense, including 
        training employees in security techniques that conform to 
        established standards of security and control specified in the 
        American correctional association's standards for adult 
        correctional institutions; 
           (5) provide maintenance for leased facilities and 
        equipment; 
           (6) continue to operate commercial and industrial 
        activities suitable to the profitable employment, vocational 
        training, and development of proper work habits of inmates at 
        correctional facilities; and 
           (7) demonstrate it has the experience and financial 
        capacity to comply with appropriate correctional standards and 
        court orders. 
           (b) In developing its five-year business plan, the 
        consultant shall also assume: 
           (1) that the corporation will be able to lease all, or any 
        percentage, of the facilities and equipment used by MinnCor on 
        July 1, 1996, to operate its business for $1 per year; 
           (2) that the corporation may operate as a corporation 
        deemed to be primarily acting as an instrumentality of the state 
        with Minnesota Statutes, sections 3.732, 3.736, 3.738, and 3.739 
        applying to it; 
           (3) that the corporation will be liable within the 
        limitations provided by applicable law for inmate injury due to 
        its negligence; 
           (4) that members of the corporation's board of directors 
        will not be liable to any inmate for any injury sustained in an 
        industry program; 
           (5) that inmates will not be considered employees of the 
        corporation for any purpose; and 
           (6) that if the corporation is dissolved or otherwise 
        ceases to function effectively, any interest of the corporation 
        in buildings, land, furnishings, fixtures, equipment, and other 
        chattels purchased or leased in connection with its operation of 
        industry programs shall automatically revert, subject to valid 
        security interests, to the department of corrections. 
           (c) The plan must address the possibility of future capital 
        expansion and improvements of industry programs at state and 
        local correctional facilities.  Specifically, the plan must 
        address the need for additional equipment and buildings, and 
        improvements to existing equipment and buildings.  The plan may 
        assume that the state will finance these expenses, but will 
        require the corporation to enter into leases to reimburse these 
        expenses at cost. 
           (d) The plan must describe the advantages and disadvantages 
        of a private corporation operating prison industries as opposed 
        to the department of corrections, specifically as relating to 
        purchases, sales, management, marketing, security, and personnel 
        decisions, including recruitment, retention, and training of 
        employees. 
           (e) The plan must describe the most feasible method and 
        timetable for transferring the assets and operations of MinnCor 
        if a private corporation were to assume control over prison 
        industries. 
           (f) The plan must consider the impact on Minnesota 
        businesses of expanding industry products and services sold to 
        the private and public sector. 
           Subd. 4.  [FIVE-YEAR PLANS OF CONSULTANT AND MINNCOR.] At a 
        minimum, and in addition to the requirements applicable only to 
        the consultant's plan contained in subdivision 3, both the 
        consultant and MinnCor shall address in the respective five-year 
        business plans: 
           (1) methods to increase the number of inmate workers; 
           (2) methods to increase profits and expand markets, 
        including recommended changes in the state use law; 
           (3) proposed new product lines; 
           (4) methods to employ inmates who require lower security in 
        settings outside state and local correctional facilities; 
           (5) appropriate compensation for management, employees, and 
        inmates; 
           (6) methods to assist inmate employees in obtaining 
        employment upon the inmate's release from confinement; and 
           (7) methods to determine what effect employment in a prison 
        industry program has upon recidivism of inmates who have 
        participated in the program, including methods to track former 
        inmate employees to determine recidivism. 
           Sec. 29.  [REPEALER.] 
           Minnesota Statutes 1994, section 352.91, subdivision 3, is 
        repealed.  
           Sec. 30.  [EFFECTIVE DATE.] 
           Section 1 is effective June 1, 1996. 
           Sections 2, 3, 7, and 8 are effective August 1, 1996. 
           Sections 4 and 20 are effective July 1, 1996. 
           Section 5 is effective August 1, 1997. 
           Sections 6 and 25 to 28 are effective the day following 
        final enactment. 
           Sections 9 to 18, 21 to 24, and 29 are effective on the 
        first day of the first full pay period beginning after January 
        1, 1997. 
           Section 19 is effective July 1, 1996, and shall be used for 
        calculating the community correction aid distribution for fiscal 
        year 1997 and thereafter. 
                                   ARTICLE 9
                                  EXPUNGEMENT
           Section 1.  Minnesota Statutes 1994, section 13.99, 
        subdivision 53a, is amended to read: 
           Subd. 53a.  [CONTROLLED SUBSTANCE CONVICTIONS.] Data on 
        certain convictions for controlled substances offenses may be 
        expunged under section 152.18, subdivisions 2 and subdivision 3. 
           Sec. 2.  Minnesota Statutes 1995 Supplement, section 
        152.18, subdivision 1, is amended to read: 
           Subdivision 1.  If any person who has not previously 
        participated in or completed a diversion program authorized 
        under section 401.065 or who has not previously been placed on 
        probation without a judgment of guilty and thereafter been 
        discharged from probation under this section is found guilty of 
        a violation of section 152.024, subdivision 2, 152.025, 
        subdivision 2, or 152.027, subdivision 2, 3, or 4, for 
        possession of a controlled substance, after trial or upon a plea 
        of guilty, and the court determines that the violation does not 
        qualify as a subsequent controlled substance conviction under 
        section 152.01, subdivision 16a, the court may, without entering 
        a judgment of guilty and with the consent of the person, defer 
        further proceedings and place the person on probation upon such 
        reasonable conditions as it may require and for a period, not to 
        exceed the maximum sentence provided for the violation.  The 
        court may give the person the opportunity to attend and 
        participate in an appropriate program of education regarding the 
        nature and effects of alcohol and drug abuse as a stipulation of 
        probation.  Upon violation of a condition of the probation, the 
        court may enter an adjudication of guilt and proceed as 
        otherwise provided.  The court may, in its discretion, dismiss 
        the proceedings against the person and discharge the person from 
        probation before the expiration of the maximum period prescribed 
        for the person's probation.  If during the period of probation 
        the person does not violate any of the conditions of the 
        probation, then upon expiration of the period the court shall 
        discharge the person and dismiss the proceedings against that 
        person.  Discharge and dismissal under this subdivision shall be 
        without court adjudication of guilt, but a not public record of 
        it shall be retained by the department of public safety bureau 
        of criminal apprehension for the purpose of use by the courts in 
        determining the merits of subsequent proceedings against the 
        person.  The not public record may also be opened only upon 
        court order for purposes of a criminal investigation, 
        prosecution, or sentencing.  Upon request by law enforcement, 
        prosecution, or corrections authorities, the department bureau 
        shall notify the requesting party of the existence of the not 
        public record and the right to seek a court order to open it 
        pursuant to this section.  The court shall forward a record of 
        any discharge and dismissal under this subdivision to 
        the department of public safety who bureau which shall make and 
        maintain the not public record of it as provided under this 
        subdivision.  The discharge or dismissal shall not be deemed a 
        conviction for purposes of disqualifications or disabilities 
        imposed by law upon conviction of a crime or for any other 
        purpose. 
           For purposes of this subdivision, "not public" has the 
        meaning given in section 13.02, subdivision 8a.  
           Sec. 3.  Minnesota Statutes 1995 Supplement, section 
        242.31, subdivision 1, is amended to read: 
           Subdivision 1.  Whenever a person who has been committed to 
        the custody of the commissioner of corrections upon conviction 
        of a crime following certification under the provisions of 
        section 260.125 is finally discharged by order of the 
        commissioner, that discharge shall restore the person to all 
        civil rights and, if so ordered by the commissioner of 
        corrections, also shall have the effect of setting aside the 
        conviction, nullifying it and purging the person of it.  The 
        commissioner shall file a copy of the order with the district 
        court of the county in which the conviction occurred; upon 
        receipt, the court shall order the conviction set aside.  An 
        order setting aside a conviction for a crime of violence as 
        defined in section 624.712, subdivision 5, must provide that the 
        person is not entitled to ship, transport, possess, or receive a 
        firearm until ten years have elapsed since the order was entered 
        and during that time the person was not convicted of any other 
        crime of violence.  A person whose conviction was set aside 
        under this section and who thereafter has received a relief of 
        disability under United States Code, title 18, section 925, 
        shall not be subject to the restrictions of this subdivision. 
           Sec. 4.  Minnesota Statutes 1994, section 242.31, 
        subdivision 2, is amended to read: 
           Subd. 2.  Whenever a person described in subdivision 1 has 
        been placed on probation by the court pursuant to section 
        609.135 and, after satisfactory fulfillment of it, is discharged 
        from probation, the court shall issue an order of discharge 
        pursuant to subdivision 2a and section 609.165.  On application 
        of the defendant or on its own motion and after notice to the 
        county attorney, the court in its discretion may also order that 
        the defendant's conviction be set aside with the same effect as 
        a court order under subdivision 1. 
           These orders restore This order restores the defendant to 
        civil rights and purge and free the defendant from all penalties 
        and disabilities arising from the defendant's conviction and the 
        conviction shall not thereafter be used against the defendant, 
        except in a criminal prosecution for a subsequent offense if 
        otherwise admissible therein.  In addition, the record of the 
        defendant's conviction shall be sealed and may be opened only 
        upon court order for purposes of a criminal investigation, 
        prosecution, or sentencing.  Upon request by law enforcement, 
        prosecution, or corrections authorities, the court or the 
        department of public safety shall notify the requesting party of 
        the existence of the sealed record and the right to seek a court 
        order to open it pursuant to this section.  
           Sec. 5.  Minnesota Statutes 1995 Supplement, section 
        299C.11, is amended to read: 
           299C.11 [IDENTIFICATION DATA FURNISHED TO BUREAU.] 
           (a) The sheriff of each county and the chief of police of 
        each city of the first, second, and third classes shall furnish 
        the bureau, upon such form as the superintendent shall 
        prescribe, with such finger and thumb prints, photographs, 
        distinctive physical mark identification data, and other 
        identification data as may be requested or required by the 
        superintendent of the bureau, which may be taken under the 
        provisions of section 299C.10, of persons who shall be convicted 
        of a felony, gross misdemeanor, or who shall be found to have 
        been convicted of a felony or gross misdemeanor, within ten 
        years next preceding their arrest.  
           (b) No petition under chapter 609A is required if the 
        person has not been convicted of any felony or gross 
        misdemeanor, either within or without the state, within the 
        period of ten years immediately preceding the determination of 
        all pending criminal actions or proceedings in favor of the 
        arrested person, and either of the following occurred: 
           (1) all charges were dismissed prior to a determination of 
        probable cause; or 
           (2) the prosecuting authority declined to file any charges 
        and a grand jury did not return an indictment. 
           Where these conditions are met, the bureau or agency shall, 
        upon demand, return to the arrested person finger and thumb 
        prints, photographs, distinctive physical mark identification 
        data, and other identification data, and all copies and 
        duplicates of them. 
           (c) Except as otherwise provided in paragraph (b), upon the 
        determination of all pending criminal actions or proceedings in 
        favor of the arrested person, and the granting of the petition 
        of the arrested person under chapter 609A, the bureau shall, 
        upon demand, have all such seal finger and thumb prints, 
        photographs, distinctive physical mark identification data, and 
        other identification data, and all copies and 
        duplicates thereof, returned, provided it is not established 
        that the arrested person of them if the arrested person has not 
        been convicted of any felony or gross misdemeanor, either within 
        or without the state, within the period of ten years immediately 
        preceding such determination. 
           (d) DNA samples and DNA records of the arrested person 
        shall not be returned, sealed, or destroyed as to a charge 
        supported by probable cause.  
           (e) For purposes of this section, "determination of all 
        pending criminal actions or proceedings in favor of the arrested 
        person" does not include: 
           (1) the sealing of a criminal record pursuant to section 
        152.18, subdivision 1, 242.31, or 609.168, or chapter 609A; or 
           (2) the arrested person's successful completion of a 
        diversion program; 
           (3) an order of discharge under section 609.165; or 
           (4) a pardon granted under section 638.02. 
           Sec. 6.  Minnesota Statutes 1994, section 299C.13, is 
        amended to read: 
           299C.13 [INFORMATION FURNISHED TO PEACE OFFICERS.] 
           Upon receipt of information data as to any arrested person, 
        the bureau shall immediately ascertain whether the person 
        arrested has a criminal record or is a fugitive from justice, 
        and shall at once inform the arresting officer of the facts 
        ascertained.  Upon application by any sheriff, chief of police, 
        or other peace officer in the state, or by an officer of the 
        United States or by an officer of another state, territory, or 
        government duly authorized to receive the same and effecting 
        reciprocal interchange of similar information with the division, 
        it shall be the duty of the bureau to furnish all information in 
        its possession pertaining to the identification of any person.  
        If the bureau has a sealed record on the arrested person, it 
        shall notify the requesting peace officer of that fact and of 
        the right to seek a court order to open the record for purposes 
        of law enforcement.  A criminal justice agency shall be 
        notified, upon request, of the existence and contents of a 
        sealed record containing conviction information about an 
        applicant for employment.  For purposes of this section a 
        "criminal justice agency" means courts or a government agency 
        that performs the administration of criminal justice under 
        statutory authority.  
           Sec. 7.  [609A.01] [CRIMINAL RECORDS EXPUNGEMENT.] 
           This chapter provides the grounds and procedures for 
        expungement of criminal records under sections 13.82; 152.18, 
        subdivision 1; 299C.11, where a petition is authorized under 
        section 609A.02, subdivision 3; or other applicable law.  The 
        remedy available is limited to a court order sealing the records 
        and prohibiting the disclosure of their existence or their 
        opening except under court order or statutory authority.  
        Nothing in this chapter authorizes the destruction of records or 
        their return to the subject of the records. 
           Sec. 8.  [609A.02] [GROUNDS FOR ORDER.] 
           Subdivision 1.  [CERTAIN CONTROLLED SUBSTANCE 
        OFFENSES.] Upon the dismissal and discharge of proceedings 
        against a person under section 152.18, subdivision 1, for 
        violation of section 152.024, 152.025, or 152.027 for possession 
        of a controlled substance, the person may petition under section 
        609A.03 for the sealing of all records relating to the arrest, 
        indictment or information, trial, and dismissal and discharge. 
           Subd. 2.  [JUVENILES PROSECUTED AS ADULTS.] A petition for 
        the sealing of a conviction record may be filed under section 
        609A.03 by a person who has been committed to the custody of the 
        commissioner of corrections upon conviction of a crime following 
        certification to district court under section 260.125, if the 
        person: 
           (1) is finally discharged by the commissioner; or 
           (2) has been placed on probation by the court under section 
        609.135 and has been discharged from probation after 
        satisfactory fulfillment of it. 
           Subd. 3.  [CERTAIN CRIMINAL PROCEEDINGS NOT RESULTING IN A 
        CONVICTION.] A petition may be filed under section 609A.03 to 
        seal all records relating to an arrest, indictment or 
        information, trial, or verdict if the records are not subject to 
        section 299C.11, paragraph (b), and if all pending actions or 
        proceedings were resolved in favor of the petitioner. 
           Subd. 4.  [EXPUNGEMENT PROHIBITED.] Records of a conviction 
        of an offense for which registration is required under section 
        243.166 may not be expunged. 
           Sec. 9.  [609A.03] [PETITION TO EXPUNGE CRIMINAL RECORDS.] 
           Subdivision 1.  [PETITION; FILING FEE.] An individual who 
        is the subject of a criminal record who is seeking the 
        expungement of the record shall file a petition under this 
        section and pay a filing fee in the amount required under 
        section 357.021, subdivision 2, clause (1).  The filing fee may 
        be waived in cases of indigency and shall be waived in the cases 
        described in section 609A.02, subdivision 3.  
           Subd. 2.  [CONTENTS OF PETITION.] A petition for 
        expungement shall be signed under oath by the petitioner and 
        shall state the following: 
           (1) the petitioner's full name and all other legal names or 
        aliases by which the petitioner has been known at any time; 
           (2) the petitioner's date of birth; 
           (3) all of the petitioner's addresses from the date of the 
        offense or alleged offense in connection with which an 
        expungement order is sought, to the date of the petition; 
           (4) why expungement is sought, if it is for employment or 
        licensure purposes, the statutory or other legal authority under 
        which it is sought, and why it should be granted; 
           (5) the details of the offense or arrest for which 
        expungement is sought, including date and jurisdiction of the 
        occurrence, court file number, and date of conviction or of 
        dismissal; 
           (6) in the case of a conviction, what steps the petitioner 
        has taken since the time of the offense toward personal 
        rehabilitation, including treatment, work, or other personal 
        history that demonstrates rehabilitation; 
           (7) petitioner's criminal conviction record indicating all 
        convictions for misdemeanors, gross misdemeanors, or felonies in 
        this state, and for all comparable convictions in any other 
        state, federal court, or foreign country, whether the 
        convictions occurred before or after the arrest or conviction 
        for which expungement is sought; and 
           (8) all prior requests by the petitioner, whether for the 
        present offense or for any other offenses, in this state or any 
        other state or federal court, for pardon, return of arrest 
        records, or expungement or sealing of a criminal record, whether 
        granted or not, and all stays of adjudication or imposition of 
        sentence involving the petitioner. 
           Subd. 3.  [SERVICE OF PETITION.] The petition for 
        expungement and a proposed expungement order shall be served by 
        mail on the state and local government agencies and 
        jurisdictions whose records would be affected by the proposed 
        order.  Service shall also be made by mail on the attorney for 
        each agency and jurisdiction. 
           Subd. 4.  [HEARING.] A hearing on the petition shall be 
        held not sooner than 60 days after service of the petition.  
           Subd. 5.  [NATURE OF REMEDY; STANDARD; FIREARMS 
        RESTRICTION.] (a) Expungement of a criminal record is an 
        extraordinary remedy to be granted only upon clear and 
        convincing evidence that it would yield a benefit to the 
        petitioner commensurate with the disadvantages to the public and 
        public safety of: 
           (1) sealing the record; and 
           (2) burdening the court and public authorities to issue, 
        enforce, and monitor an expungement order. 
           (b) If the petitioner is petitioning for the sealing of a 
        criminal record under section 609A.02, subdivision 3, the court 
        shall grant the petition to seal the record unless the agency or 
        jurisdiction whose records would be affected establishes by 
        clear and convincing evidence that the interests of the public 
        and public safety outweigh the disadvantages to the petitioner 
        of not sealing the record. 
           (c) If the court issues an expungement order it may require 
        that the criminal record shall be sealed, the existence of the 
        record shall not be revealed, and the record should not be 
        opened except as required under subdivision 7.  Records shall 
        not be destroyed or returned.  
           (d) An order expunging the record of a conviction for a 
        crime of violence as defined in section 624.712, subdivision 5, 
        must provide that the person is not entitled to ship, transport, 
        possess, or receive a firearm until ten years have elapsed since 
        the order was entered and during that time the person was not 
        convicted of any other crime of violence.  Any person whose 
        record of conviction is expunged under this section and who 
        thereafter receives a relief of disability under United States 
        Code, title 18, section 925, is not subject to the restriction 
        in this paragraph. 
           Subd. 6.  [ORDER CONCERNING CONTROLLED SUBSTANCE OFFENSES.] 
        If the court orders the sealing of the record of proceedings 
        under section 152.18, the effect of the order shall be to 
        restore the person, in the contemplation of the law, to the 
        status the person occupied before the arrest, indictment, or 
        information.  The person shall not be held guilty of perjury or 
        otherwise of giving a false statement if the person fails to 
        acknowledge the arrest, indictment, information, or trial in 
        response to any inquiry made for any purpose. 
           Subd. 7.  [LIMITATIONS OF ORDER.] (a) Upon issuance of an 
        expungement order related to a charge supported by probable 
        cause, the DNA samples and DNA records held by the bureau of 
        criminal apprehension shall not be sealed, returned, or 
        destroyed. 
           (b) Notwithstanding the issuance of an expungement order: 
           (1) an expunged record may be opened for purposes of a 
        criminal investigation, prosecution, or sentencing, upon an ex 
        parte court order; and 
           (2) an expunged record of a conviction may be opened for 
        purposes of evaluating a prospective employee in a criminal 
        justice agency without a court order. 
           Upon request by law enforcement, prosecution, or 
        corrections authorities, an agency or jurisdiction subject to an 
        expungement order shall inform the requester of the existence of 
        a sealed record and of the right to obtain access to it as 
        provided by this paragraph.  For purposes of this section a 
        "criminal justice agency" means courts or a government agency 
        that performs the administration of criminal justice under 
        statutory authority.  
           Subd. 8.  [STAY OF ORDER; APPEAL.] An expungement order 
        shall be automatically stayed for 60 days after filing of the 
        order and, if the order is appealed, during the appeal period.  
        A person or an agency or jurisdiction whose records would be 
        affected by the order may appeal the order within 60 days of 
        service of notice of filing of the order.  An agency or 
        jurisdiction or officials or employees thereof need not file a 
        cost bond or supersedeas bond in order to further stay the 
        proceedings or file an appeal. 
           Subd. 9.  [DISTRIBUTION OF EXPUNGEMENT ORDERS.] If an 
        expungement order is issued, the court administrator shall send 
        a copy of it to each agency and jurisdiction whose records are 
        affected by the terms of the order. 
           Sec. 10.  [REPEALER.] 
           Minnesota Statutes 1994, sections 152.18, subdivision 2; 
        242.31, subdivision 3; 609.166; 609.167; and 609.168, are 
        repealed. 
           Sec. 11.  [EFFECTIVE DATE; APPLICATION.] 
           Section 10 is effective the day following final enactment 
        and applies to requests for expungement of criminal records 
        initiated on or after that date. 
           Sections 1 to 9 are effective May 1, 1996, and apply to 
        requests for expungement of criminal records initiated on or 
        after that date. 
                                   ARTICLE 10 
                           CRIMINAL BACKGROUND CHECKS 
           Section 1.  Minnesota Statutes 1995 Supplement, section 
        144.057, subdivision 1, is amended to read: 
           Subdivision 1.  [BACKGROUND STUDIES REQUIRED.] The 
        commissioner of health shall contract with the commissioner of 
        human services to conduct background studies of individuals 
        providing services which have direct contact, as defined under 
        section 245A.04, subdivision 3, with patients and residents in 
        hospitals, boarding care homes, outpatient surgical centers 
        licensed under sections 144.50 to 144.58; nursing homes and home 
        care agencies licensed under chapter 144A; residential care 
        homes licensed under chapter 144B, and board and lodging 
        establishments that are registered to provide supportive or 
        health supervision services under section 157.031 157.17.  
           If a facility or program is licensed by the department of 
        human services and subject to the background study provisions of 
        chapter 245A and is also licensed by the department of health, 
        the department of human services is solely responsible for the 
        background studies of individuals in the jointly licensed 
        programs. 
           Sec. 2.  Minnesota Statutes 1995 Supplement, section 
        144.057, subdivision 3, is amended to read: 
           Subd. 3.  [RECONSIDERATIONS.] The commissioner of health 
        shall review and decide reconsideration requests, including the 
        granting of variances, in accordance with the procedures and 
        criteria contained in chapter 245A and Minnesota Rules, parts 
        9543.3000 to 9543.3090.  The commissioner's decision shall be 
        provided to the individual and to the department of human 
        services.  The commissioner's decision to grant or deny a 
        reconsideration of disqualification is the final administrative 
        agency action. 
           Sec. 3.  Minnesota Statutes 1995 Supplement, section 
        144.057, subdivision 4, is amended to read: 
           Subd. 4.  [RESPONSIBILITIES OF FACILITIES.] Facilities 
        described in subdivision 1 shall be responsible for cooperating 
        with the departments in implementing the provisions of this 
        section.  The responsibilities imposed on applicants and 
        licensees under chapter 245A and Minnesota Rules, parts 
        9543.3000 to 9543.3090, shall apply to these facilities.  The 
        provision of section 245A.04, subdivision 3, paragraph (d) (e), 
        shall apply to applicants, licensees, or an individual's refusal 
        to cooperate with the completion of the background studies. 
           Sec. 4.  Minnesota Statutes 1994, section 144A.46, 
        subdivision 5, is amended to read: 
           Subd. 5.  [PRIOR CRIMINAL CONVICTIONS.] (a) All persons who 
        have or will have direct contact with clients, including the 
        home care provider, employees of the provider, and applicants 
        for employment Before the commissioner issues a license and, as 
        defined in the home care licensure rules promulgated by the 
        commissioner of health, an owner or managerial official shall be 
        required to disclose all criminal convictions.  The commissioner 
        may adopt rules that may require a person who must disclose 
        criminal convictions under this subdivision to provide 
        fingerprints and releases that authorize law enforcement 
        agencies, including the bureau of criminal apprehension and the 
        Federal Bureau of Investigation, to release information about 
        the person's criminal convictions to the commissioner and home 
        care providers.  The bureau of criminal apprehension, county 
        sheriffs, and local chiefs of police shall, if requested, 
        provide the commissioner with criminal conviction data available 
        from local, state, and national criminal record repositories, 
        including the criminal justice data communications network.  No 
        person may be employed by a home care provider in a position 
        that involves contact with recipients of home care services nor 
        may any person be involved in the management, operation, or 
        control of a provider, if the person has been convicted of a 
        crime that relates to the provision of home care services or to 
        the position, duties, or responsibilities undertaken by that 
        person in the operation of the home care provider, unless the 
        person can provide sufficient evidence of rehabilitation.  The 
        commissioner shall adopt rules for determining what types of 
        employment positions, including volunteer positions, involve 
        contact with recipients of home care services, and whether a 
        crime relates to home care services and what constitutes 
        sufficient evidence of rehabilitation.  The rules must require 
        consideration of the nature and seriousness of the crime; the 
        relationship of the crime to the purposes of home care licensure 
        and regulation; the relationship of the crime to the ability, 
        capacity, and fitness required to perform the duties and 
        discharge the responsibilities of the person's position; 
        mitigating circumstances or social conditions surrounding the 
        commission of the crime; the length of time elapsed since the 
        crime was committed; the seriousness of the risk to the home 
        care client's person or property; and other factors the 
        commissioner considers appropriate.  Data collected under this 
        subdivision shall be classified as private data under section 
        13.02, subdivision 12. 
           (b) Employees, contractors, and volunteers of a home care 
        provider or hospice are subject to the background study required 
        by section 144.057.  These individuals shall be disqualified 
        under the provisions of chapter 245A and Minnesota Rules, parts 
        9543.3000 to 9543.3090.  Until October 1, 1997, grounds for 
        disqualification shall also include the crimes specified under 
        Minnesota Rules, part 4668.0020, subpart 14, or a comparable 
        crime or act in another jurisdiction.  Nothing in this section 
        shall be construed to prohibit a home care provider from 
        requiring self-disclosure of criminal conviction information; 
        however, compliance with the provisions of section 144.057 
        constitutes compliance with the provisions of Minnesota Rules, 
        part 4668.0020, subpart 8. 
           (c) Notwithstanding the provisions of Minnesota Rules, part 
        4668.0020, subparts 12, 13, and 15, disqualifications under 
        paragraph (b), removal from a direct care position, and the 
        process for reconsiderations shall be governed by the provisions 
        of section 144.057. 
           (d) Unless superseded by the provisions of section 144.057 
        or this section, the provisions of Minnesota Rules, part 
        4668.0020, remain in effect. 
           (b) (e) Termination of an employee in good faith reliance 
        on information or records obtained under paragraph (a) or (b) 
        regarding a confirmed conviction does not subject the home care 
        provider to civil liability or liability for reemployment 
        insurance benefits. 
           Sec. 5.  Minnesota Statutes 1995 Supplement, section 
        245A.04, subdivision 3, is amended to read: 
           Subd. 3.  [STUDY OF THE APPLICANT.] (a) Before the 
        commissioner issues a license, the commissioner shall conduct a 
        study of the individuals specified in paragraph (c), clauses (1) 
        to (5), according to rules of the commissioner.  
           Beginning January 1, 1997, the commissioner shall also 
        conduct a study of employees providing direct contact services 
        for nonlicensed personal care provider organizations described 
        in paragraph (c), clause (5). 
           The commissioner shall recover the cost of these background 
        studies through a fee of no more than $12 per study charged to 
        the personal care provider organization.  
           (b) Beginning July 1, 1997, the commissioner shall conduct 
        a background study on individuals specified in paragraph (c), 
        clauses (1) to (5), who perform direct contact services in a 
        nursing home or a home care agency licensed under chapter 144A 
        or a boarding care home licensed under sections 144.50 to 
        144.58, when the subject of the study resides outside Minnesota; 
        the study must be at least as comprehensive as that of a 
        Minnesota resident and include a search of information from the 
        criminal justice data communications network in the state where 
        the subject of the study resides. 
           (c) The applicant, license holder, the bureau of criminal 
        apprehension, the commissioner of health and county agencies, 
        after written notice to the individual who is the subject of the 
        study, shall help with the study by giving the commissioner 
        criminal conviction data and reports about abuse or neglect the 
        maltreatment of adults in licensed programs substantiated under 
        section 626.557 and the maltreatment of minors in licensed 
        programs substantiated under section 626.556.  The individuals 
        to be studied shall include: 
           (1) the applicant; 
           (2) persons over the age of 13 living in the household 
        where the licensed program will be provided; 
           (3) current employees or contractors of the applicant who 
        will have direct contact with persons served by the facility, 
        agency, or program; 
           (4) volunteers or student volunteers who have direct 
        contact with persons served by the program to provide program 
        services, if the contact is not directly supervised by the 
        individuals listed in clause (1) or (3); and 
           (5) any person who, as an individual or as a member of an 
        organization, exclusively offers, provides, or arranges for 
        personal care assistant services under the medical assistance 
        program as authorized under sections 256B.04, subdivision 16, 
        and 256B.0625, subdivision 19. 
           The juvenile courts shall also help with the study by 
        giving the commissioner existing juvenile court records on 
        individuals described in clause (2) relating to delinquency 
        proceedings held within either the five years immediately 
        preceding the application or the five years immediately 
        preceding the individual's 18th birthday, whichever time period 
        is longer.  The commissioner shall destroy juvenile records 
        obtained pursuant to this subdivision when the subject of the 
        records reaches age 23.  
           For purposes of this section and Minnesota Rules, part 
        9543.3070, a finding that a delinquency petition is proven in 
        juvenile court shall be considered a conviction in state 
        district court. 
           For purposes of this subdivision, "direct contact" means 
        providing face-to-face care, training, supervision, counseling, 
        consultation, or medication assistance to persons served by a 
        program.  For purposes of this subdivision, "directly supervised"
        means an individual listed in clause (1), (3), or (5) is within 
        sight or hearing of a volunteer to the extent that the 
        individual listed in clause (1), (3), or (5) is capable at all 
        times of intervening to protect the health and safety of the 
        persons served by the program who have direct contact with the 
        volunteer. 
           A study of an individual in clauses (1) to (5) shall be 
        conducted at least upon application for initial license and 
        reapplication for a license.  The commissioner is not required 
        to conduct a study of an individual at the time of reapplication 
        for a license, other than a family day care or foster care 
        license, if:  (i) a study of the individual was conducted either 
        at the time of initial licensure or when the individual became 
        affiliated with the license holder; (ii) the individual has been 
        continuously affiliated with the license holder since the last 
        study was conducted; and (iii) the procedure described in 
        paragraph (b) (d) has been implemented and was in effect 
        continuously since the last study was conducted.  For 
        individuals who are required to have background studies under 
        clauses (1) to (5) and who have been continuously affiliated 
        with a foster care provider that is licensed in more than one 
        county, criminal conviction data may be shared among those 
        counties in which the foster care programs are licensed.  A 
        county agency's receipt of criminal conviction data from another 
        county agency shall meet the criminal data background study 
        requirements of this section. 
           The commissioner may also conduct studies on individuals 
        specified in clauses (3) and (4) when the studies are initiated 
        by: 
           (i) personnel pool agencies; 
           (ii) temporary personnel agencies; 
           (iii) educational programs that train persons by providing 
        direct contact services in licensed programs; and 
           (iv) professional services agencies that are not licensed 
        and which contract with licensed programs to provide direct 
        contact services or individuals who provide direct contact 
        services. 
           Studies on individuals in items (i) to (iv) must be 
        initiated annually by these agencies, programs, and 
        individuals.  Except for personal care provider organizations, 
        no applicant, license holder, or individual who is the subject 
        of the study shall pay any fees required to conduct the study. 
           (1) At the option of the licensed facility, rather than 
        initiating another background study on an individual required to 
        be studied who has indicated to the licensed facility that a 
        background study by the commissioner was previously completed, 
        the facility may make a request to the commissioner for 
        documentation of the individual's background study status, 
        provided that: 
           (i) the facility makes this request using a form provided 
        by the commissioner; 
           (ii) in making the request the facility informs the 
        commissioner that either: 
           (A) the individual has been continuously affiliated with a 
        licensed facility since the individual's previous background 
        study was completed, or since October 1, 1995, whichever is 
        shorter; or 
           (B) the individual is affiliated only with a personnel pool 
        agency, a temporary personnel agency, an educational program 
        that trains persons by providing direct contact services in 
        licensed programs, or a professional services agency that is not 
        licensed and which contracts with licensed programs to provide 
        direct contact services or individuals who provide direct 
        contact services; and 
           (iii) the facility provides notices to the individual as 
        required in paragraphs (a) to (d) of this subdivision, and that 
        the facility is requesting written notification of the 
        individual's background study status from the commissioner.  
           (2) The commissioner shall respond to each request under 
        paragraph (1) with a written notice to the facility and the 
        study subject.  If the commissioner determines that a background 
        study is necessary, the study shall be completed without further 
        request from a licensed agency or notifications to the study 
        subject.  
           (3) When a background study is being initiated by a 
        licensed facility, a study subject affiliated with multiple 
        licensed facilities may attach to the background study form a 
        cover letter indicating the additional facilities' names, 
        addresses, and background study identification numbers.  When 
        the commissioner receives such notices, each facility identified 
        by the background study subject shall be notified of the study 
        results.  The background study notice sent to the subsequent 
        agencies shall satisfy those facilities' responsibilities for 
        initiating a background study on that individual. 
           (b) (d) If an individual who is affiliated with a program 
        or facility regulated by the department of human services or 
        department of health or who is affiliated with a nonlicensed 
        personal care provider organization, is convicted of a crime 
        constituting a disqualification under Minnesota Rules, parts 
        9543.3000 to 9543.3090, the probation officer or corrections 
        agent shall notify the commissioner of the conviction.  The 
        commissioner, in consultation with the commissioner of 
        corrections, shall develop forms and information necessary to 
        implement this paragraph and shall provide the forms and 
        information to the commissioner of corrections for distribution 
        to local probation officers and corrections agents.  The 
        commissioner shall inform individuals subject to a background 
        study that criminal convictions for disqualifying crimes will be 
        reported to the commissioner by the corrections system.  A 
        probation officer, corrections agent, or corrections agency is 
        not civilly or criminally liable for disclosing or failing to 
        disclose the information required by this paragraph.  Upon 
        receipt of disqualifying information, the commissioner shall 
        provide the notifications required in subdivision 3a, as 
        appropriate to agencies on record as having initiated a 
        background study or making a request for documentation of the 
        background study status of the individual.  This paragraph does 
        not apply to family day care and foster care programs. 
           (c) (e) The individual who is the subject of the study must 
        provide the applicant or license holder with sufficient 
        information to ensure an accurate study including the 
        individual's first, middle, and last name; home address, city, 
        county, and state of residence for the past five years; zip 
        code; sex; date of birth; and driver's license number.  The 
        applicant or license holder shall provide this information about 
        an individual in paragraph (a) (c), clauses (1) to (5), on forms 
        prescribed by the commissioner.  The commissioner may request 
        additional information of the individual, which shall be 
        optional for the individual to provide, such as the individual's 
        social security number or race. 
           (d) (f) Except for child foster care, adult foster care, 
        and family day care homes, a study must include information from 
        the county agency's record of substantiated abuse or neglect of 
        adults in licensed programs related to names of substantiated 
        perpetrators of maltreatment of vulnerable adults that has been 
        received by the commissioner as required under section 626.557, 
        subdivision 9c, paragraph (i), and the commissioner's records 
        relating to the maltreatment of minors in licensed programs, 
        information from juvenile courts as required in 
        paragraph (a) (c) for persons listed in paragraph (a) (c), 
        clause (2), and information from the bureau of criminal 
        apprehension.  For child foster care, adult foster care, and 
        family day care homes, the study must include information from 
        the county agency's record of substantiated abuse or neglect 
        maltreatment of adults, and the maltreatment of minors, 
        information from juvenile courts as required in 
        paragraph (a) (c) for persons listed in paragraph (a) (c), 
        clause (2), and information from the bureau of criminal 
        apprehension.  The commissioner may also review arrest and 
        investigative information from the bureau of criminal 
        apprehension, the commissioner of health, a county attorney, 
        county sheriff, county agency, local chief of police, other 
        states, the courts, or a national criminal record repository the 
        Federal Bureau of Investigation if the commissioner has 
        reasonable cause to believe the information is pertinent to the 
        disqualification of an individual listed in paragraph (a) (c), 
        clauses (1) to (5).  The commissioner is not required to conduct 
        more than one review of a subject's records from the national 
        criminal record repository Federal Bureau of Investigation if a 
        review of the subject's criminal history with the national 
        criminal record repository Federal Bureau of Investigation has 
        already been completed by the commissioner and there has been no 
        break in the subject's affiliation with the license holder who 
        initiated the background studies. 
           When the commissioner has reasonable cause to believe that 
        further pertinent information may exist on the subject, the 
        subject shall provide a set of classifiable fingerprints 
        obtained from an authorized law enforcement agency.  For 
        purposes of requiring fingerprints, the commissioner shall be 
        considered to have reasonable cause under, but not limited to, 
        the following circumstances:  (1) information from the bureau of 
        criminal apprehension indicates that the subject is a multistate 
        offender; (2) information from the bureau of criminal 
        apprehension indicates that multistate offender status is 
        undetermined; or (3) the commissioner has received a report from 
        the subject or a third party indicating that the subject has a 
        criminal history in a jurisdiction other than Minnesota. 
           (e) (g) An applicant's or license holder's failure or 
        refusal to cooperate with the commissioner is reasonable cause 
        to deny an application or immediately suspend, suspend, or 
        revoke a license.  Failure or refusal of an individual to 
        cooperate with the study is just cause for denying or 
        terminating employment of the individual if the individual's 
        failure or refusal to cooperate could cause the applicant's 
        application to be denied or the license holder's license to be 
        immediately suspended, suspended, or revoked. 
           (f) (h) The commissioner shall not consider an application 
        to be complete until all of the information required to be 
        provided under this subdivision has been received.  
           (g) (i) No person in paragraph (a) (c), clause (1), (2), 
        (3), (4), or (5) who is disqualified as a result of this section 
        may be retained by the agency in a position involving direct 
        contact with persons served by the program. 
           (h) (j) Termination of persons in paragraph (a) (c), clause 
        (1), (2), (3), (4), or (5), made in good faith reliance on a 
        notice of disqualification provided by the commissioner shall 
        not subject the applicant or license holder to civil liability. 
           (i) (k) The commissioner may establish records to fulfill 
        the requirements of this section. 
           (j) (l) The commissioner may not disqualify an individual 
        subject to a study under this section because that person has, 
        or has had, a mental illness as defined in section 245.462, 
        subdivision 20. 
           (k) (m) An individual who is subject to an applicant 
        background study under this section and whose disqualification 
        in connection with a license would be subject to the limitations 
        on reconsideration set forth in subdivision 3b, paragraph (c), 
        shall be disqualified for conviction of the crimes specified in 
        the manner specified in subdivision 3b, paragraph (c).  The 
        commissioner of human services shall amend Minnesota Rules, part 
        9543.3070, to conform to this section. 
           (l) An individual must be disqualified if it has been 
        determined that the individual failed to make required reports 
        under section 626.556, subdivision 3, or 626.557, subdivision 3, 
        for incidents in which:  (1) the final disposition under section 
        626.556 or 626.557 was substantiated maltreatment, and (2) the 
        maltreatment was recurring or serious as defined in Minnesota 
        Rules, part 9543.3020, subpart 10.  
           (m) (n) An individual subject to disqualification under 
        this subdivision has the applicable rights in subdivision 3a, 
        3b, or 3c. 
           Sec. 6.  Minnesota Statutes 1995 Supplement, section 
        256.045, subdivision 3, is amended to read: 
           Subd. 3.  [STATE AGENCY HEARINGS.] (a) State agency 
        hearings are available for the following:  (1) any person 
        applying for, receiving or having received public assistance or 
        a program of social services granted by the state agency or a 
        county agency under sections 252.32, 256.031 to 256.036, and 
        256.72 to 256.879, chapters 256B, 256D, 256E, 261, or the 
        federal Food Stamp Act whose application for assistance is 
        denied, not acted upon with reasonable promptness, or whose 
        assistance is suspended, reduced, terminated, or claimed to have 
        been incorrectly paid; (2) any patient or relative aggrieved by 
        an order of the commissioner under section 252.27; (3) a party 
        aggrieved by a ruling of a prepaid health plan; or (4) any 
        individual or facility determined by a lead agency to have 
        maltreated a vulnerable adult under section 626.557 after they 
        have exercised their right to administrative reconsideration 
        under section 626.557.  The failure to exercise the right to an 
        administrative reconsideration shall not be a bar to a hearing 
        under this section if federal law provides an individual the 
        right to a hearing to dispute a finding of maltreatment.  
        Individuals and organizations specified in this section may 
        contest the specified action, decision, or final disposition 
        before the state agency by submitting a written request for a 
        hearing to the state agency within 30 days after receiving 
        written notice of the action, decision, or final disposition, or 
        within 90 days of such written notice if the applicant, 
        recipient, patient, or relative shows good cause why the request 
        was not submitted within the 30-day time limit. 
           The hearing for an individual or facility under clause (4) 
        is the only administrative appeal to the final lead agency 
        disposition specifically, including a challenge to the accuracy 
        and completeness of data under section 13.04.  Hearings 
        requested under clause (4) apply only to incidents of 
        maltreatment that occur on or after October 1, 1995.  Hearings 
        requested by nursing assistants in nursing homes alleged to have 
        maltreated a resident prior to October 1, 1995, shall be held as 
        a contested case proceeding under the provisions of chapter 14. 
           For purposes of this section, bargaining unit grievance 
        procedures are not an administrative appeal. 
           (b) Except for a prepaid health plan, a vendor of medical 
        care as defined in section 256B.02, subdivision 7, or a vendor 
        under contract with a county agency to provide social services 
        under section 256E.08, subdivision 4, is not a party and may not 
        request a hearing under this section, except if assisting a 
        recipient as provided in subdivision 4. 
           (c) An applicant or recipient is not entitled to receive 
        social services beyond the services included in the amended 
        community social services plan developed under section 256E.081, 
        subdivision 3, if the county agency has met the requirements in 
        section 256E.081. 
           Sec. 7.  Minnesota Statutes 1995 Supplement, section 
        299C.67, subdivision 5, is amended to read: 
           Subd. 5.  [OWNER.] "Owner" has the meaning given in section 
        566.18, subdivision 3.  However, "owner" does not include a 
        person who owns, operates, or is in control of a health care 
        facility or a home health agency licensed by the commissioner of 
        health or human services under chapter 144, 144A, or 144B, or 
        245A, or a board and lodging establishment with special services 
        registered under section 157.17.  
           Sec. 8.  Minnesota Statutes 1995 Supplement, section 
        299C.68, subdivision 2, is amended to read: 
           Subd. 2.  [PROCEDURES.] The superintendent shall develop 
        procedures to enable an owner to request a background check to 
        determine whether a manager is the subject of a reported 
        conviction for a background check crime.  The superintendent 
        shall perform the background check by retrieving and reviewing 
        data on background check crimes maintained in the CJIS 
        computers.  The superintendent shall notify the owner in writing 
        of the results of the background check.  If the manager has 
        resided in Minnesota for less than five years or upon request of 
        the owner, the superintendent shall also either:  (1) conduct a 
        search of the national criminal records repository, including 
        the criminal justice data communications network; or (2) conduct 
        a search of the criminal justice data communications network 
        records in the state or states where the manager has resided for 
        the preceding five years.  The superintendent is authorized to 
        exchange fingerprints with the Federal Bureau of Investigation 
        for purposes of the criminal history check.  The superintendent 
        shall recover the cost of a background check through a fee 
        charged to the owner. 
           Sec. 9.  Minnesota Statutes 1995 Supplement, section 
        299C.68, subdivision 5, is amended to read: 
           Subd. 5.  [RESPONSE OF BUREAU.] The superintendent shall 
        respond in writing to a background check request within a 
        reasonable time not to exceed ten working days after receiving 
        the signed form under subdivision 3.  If a search is being done 
        of the national criminal records repository and that portion of 
        the background check is not completed, the superintendent shall 
        notify the owner that the background check is not complete and 
        shall provide that portion of the background check to the owner 
        as soon as it is available.  The superintendent's response must 
        clearly indicate whether the manager has ever been convicted of 
        a background check crime and, if so, a description of the crime, 
        date and jurisdiction of conviction, and date of discharge of 
        the sentence. 
           Sec. 10.  Minnesota Statutes 1995 Supplement, section 
        299C.68, subdivision 6, is amended to read: 
           Subd. 6.  [EQUIVALENT BACKGROUND CHECK.] (a) An owner may 
        satisfy the requirements of this section:  (1) by obtaining a 
        copy of a completed background check that was required to be 
        performed by the department of human services as provided for 
        under sections 144.057 and 245A.04, and then placing the copy on 
        file with the owner; (2) in the case of a background check 
        performed on a manager for one residential setting when multiple 
        residential settings are operated by one owner, by placing the 
        results in a central location; or (3) by obtaining a background 
        check from a private business or a local law enforcement agency 
        rather than the superintendent if the scope of the background 
        check provided by the private business or local law enforcement 
        agency is at least as broad as that of a background check 
        performed by the superintendent and the response to the 
        background check request occurs within a reasonable time not to 
        exceed ten working days after receiving the signed form 
        described in subdivision 3.  Local law enforcement agencies may 
        access the criminal justice data network to perform the 
        background check. 
           (b) A private business or local law enforcement agency 
        providing a background check under this section must use a 
        notification form similar to the form described in subdivision 
        3, except that the notification form must indicate that the 
        background check will be performed by the private business or 
        local law enforcement agency using records of the superintendent 
        and other data sources. 
           Sec. 11.  Minnesota Statutes 1995 Supplement, section 
        609.2325, subdivision 3, is amended to read: 
           Subd. 3.  [PENALTIES.] (a) A person who violates 
        subdivision 1, paragraph (a), clause (1), may be sentenced as 
        follows:  
           (1) if the act results in the death of a vulnerable adult, 
        imprisonment for not more than 15 years or payment of a fine of 
        not more than $30,000, or both; 
           (2) if the act results in great bodily harm, imprisonment 
        for not more than ten years or payment of a fine of not more 
        than $20,000, or both; 
           (3) if the act results in substantial bodily harm or the 
        risk of death, imprisonment for not more than five years or 
        payment of a fine of not more than $10,000, or both; or 
           (4) in other cases, imprisonment for not more than one year 
        or payment of a fine of not more than $3,000, or both. 
           (b) A person who violates subdivision 1, paragraph (a), 
        clause (2), or paragraph (b), may be sentenced to imprisonment 
        for not more than one year or to payment of a fine of not more 
        than $3,000, or both.  
           Sec. 12.  Laws 1995, chapter 229, article 3, section 17, is 
        amended to read: 
           Sec. 17.  [REPORT.] 
           By January 15, 1997, the commissioner of human services 
        shall report to the legislature on the implementation of the 
        process for reporting convictions under Minnesota Statutes, 
        section 245A.04, subdivision 3, paragraph (b) (d).  The report 
        must include an analysis of any reduction in the cost of 
        performing background studies resulting from implementing the 
        process and any recommendations for modification of the fee 
        increases in article 4, section 21, based on a reduction in 
        costs. 
           As part of this report, the commissioner shall make 
        recommendations for using any cost savings to begin conducting 
        comparable background studies of individuals who reside outside 
        Minnesota but are employed or perform direct contact services in 
        a nursing home, home care agency, or boarding care home located 
        in Minnesota.  
           Sec. 13.  [UNCODIFIED LANGUAGE CHANGES AND RULE CHANGES.] 
           The commissioner shall amend Minnesota Rules, part 
        9543.3070, subpart 1, to include the offenses in paragraphs (a) 
        and (b) to disqualify a person for whom a background study is 
        required under Minnesota Statutes, section 144.057 or 245A.04. 
           (a) An individual must be disqualified if it has been 
        determined that the individual failed to make required reports 
        under Minnesota Statutes, section 626.556, subdivision 3, or 
        626.557, subdivision 3, for incidents in which:  (1) the final 
        disposition under Minnesota Statutes, section 626.556 or 
        626.557, was substantiated maltreatment; and (2) the 
        maltreatment was recurring or serious as defined in Minnesota 
        Rules, part 9543.3020, subpart 10.  
           (b) An individual must be disqualified if the individual 
        has been convicted for any of the following reasons:  (1) 
        criminal abuse of a vulnerable adult under Minnesota Statutes, 
        section 609.2325; (2) criminal neglect of a vulnerable adult 
        under Minnesota Statutes, section 609.233; (3) financial 
        exploitation of a vulnerable adult under Minnesota Statutes, 
        section 609.2335; (4) failure to report under Minnesota 
        Statutes, section 609.234; or (5) stalking under Minnesota 
        Statutes, section 609.749. 
           (c) Both the commissioner's authority to make the rule 
        changes and the substantive language in paragraphs (a) and (b) 
        are effective the day following final enactment.  The rule 
        changes described in paragraphs (a) and (b) are not subject to 
        the rulemaking provisions of Minnesota Statutes, chapter 14, but 
        the commissioner must comply with Minnesota Statutes, section 
        14.38, subdivision 7, in adopting the amendment. 
           Sec. 14.  [STANDARDIZING OF CRIMINAL DISQUALIFICATION 
        PLAN.] 
           The commissioner of health, in consultation with the 
        commissioner of human services and the attorney general, shall 
        convene an advisory workgroup to develop a plan for presentation 
        to the 1997 legislature on recommendations and draft legislation 
        to standardize, as appropriate, the criminal disqualification 
        classifications for application to those required to comply with 
        the applicant background study requirements under Minnesota 
        Statutes, chapter 245A, Minnesota Statutes, sections 256B.04, 
        subdivision 16, 256B.0625, subdivision 19a, 299C.67, and 
        299C.71, and Minnesota Rules, part 4668.0020, and make 
        recommendations for legislation to replace current 
        disqualification crimes under all systems. 
           The plan shall provide for a review of the appropriateness 
        of standardizing disqualification classifications relative to 
        type of care setting, the nature of the crime, and time from the 
        date of discharge for the crime for which an individual can be 
        disqualified. 
           The advisory workgroup shall include representatives of 
        health care providers, both organizational providers and 
        professional providers, unions, state agencies, the attorney 
        general's office, and consumer groups. 
           The plan, including recommendations and draft legislation, 
        must be reported to the chairs of the senate crime prevention 
        committee and the house of representatives judiciary committee 
        by January 15, 1997. 
           Sec. 15.  [EFFECTIVE DATE.] 
           Sections 1 to 14 are effective the day following final 
        enactment. 
                                   ARTICLE 11
                                 MISCELLANEOUS
           Section 1.  Minnesota Statutes 1994, section 2.724, 
        subdivision 3, is amended to read: 
           Subd. 3.  [RETIRED JUSTICES AND JUDGES.] (a) The chief 
        justice of the supreme court may assign a retired justice of the 
        supreme court to act as a justice of the supreme court pursuant 
        to subdivision 2 or as a judge of any other court.  The chief 
        justice may assign a retired judge of any court to act as a 
        judge of any court except the supreme court.  A judge acting 
        pursuant to this subdivision paragraph shall receive pay and 
        expenses in the amount and manner provided by law for judges 
        serving on the court to which the retired judge is assigned, 
        less the amount of retirement pay which the judge is receiving. 
           (b) A judge who has been elected to office and who has 
        retired as a judge in good standing and is not practicing law 
        may also be appointed to serve as judge of any court except the 
        supreme court.  A retired judge acting under this paragraph will 
        receive pay and expenses in the amount established by the 
        supreme court. 
           Sec. 2.  Minnesota Statutes 1994, section 152.02, 
        subdivision 2, is amended to read: 
           Subd. 2.  The following items are listed in Schedule I: 
           (1) Any of the following substances, including their 
        isomers, esters, ethers, salts, and salts of isomers, esters, 
        and ethers, unless specifically excepted, whenever the existence 
        of such isomers, esters, ethers and salts is possible within the 
        specific chemical designation: Acetylmethadol; Allylprodine; 
        Alphacetylmethadol; Alphameprodine; Alphamethadol; Benzethidine; 
        Betacetylmethadol; Betameprodine; Betamethadol; Betaprodine; 
        Clonitazene; Dextromoramide; Dextrorphan; Diampromide; 
        Diethyliambutene; Dimenoxadol; Dimepheptanol; Dimethyliambutene; 
        Dioxaphetyl butyrate; Dipipanone; Ethylmethylthiambutene; 
        Etonitazene; Etoxeridine; Furethidine; Hydroxypethidine; 
        Ketobemidone; Levomoramide; Levophenacylmorphan; Morpheridine; 
        Noracymethadol; Norlevorphanol; Normethadone; Norpipanone; 
        Phenadoxone; Phenampromide; Phenomorphan; Phenoperidine; 
        Piritramide; Proheptazine; Properidine; Racemoramide; 
        Trimeperidine.  
           (2) Any of the following opium derivatives, their salts, 
        isomers and salts of isomers, unless specifically excepted, 
        whenever the existence of such salts, isomers and salts of 
        isomers is possible within the specific chemical designation:  
        Acetorphine; Acetyldihydrocodeine; Acetylcodone; Benzylmorphine; 
        Codeine methylbromide; Codeine-N-Oxide; Cyprenorphine; 
        Desomorphine; Dihydromorphine; Etorphine; Heroin; 
        Hydromorphinol; Methyldesorphine; Methylhydromorphine; Morphine 
        methylbromide; Morphine methylsulfonate; Morphine-N-Oxide; 
        Myrophine; Nicocodeine; Nicomorphine; Normorphine; Pholcodine; 
        Thebacon.  
           (3) Any material, compound, mixture or preparation which 
        contains any quantity of the following hallucinogenic 
        substances, their salts, isomers and salts of isomers, unless 
        specifically excepted, whenever the existence of such salts, 
        isomers, and salts of isomers is possible within the specific 
        chemical designation: 3,4-methylenedioxy amphetamine; 
        4-bromo-2.5-dimethoxyamphetamine; 2.5-dimethoxyamphetamine; 
        4-methoxyamphetamine; 5-methoxy-3, 4-methylenedioxy amphetamine; 
        Bufotenine; Diethyltryptamine; Dimethyltryptamine; 
        3,4,5-trimethoxy amphetamine; 4-methyl-2, 
        5-dimethoxyamphetamine; Ibogaine; Lysergic acid diethylamide; 
        marijuana; Mescaline; N-ethyl-3-piperidyl benzilate; 
        N-methyl-3-piperidyl benzilate; Psilocybin; Psilocyn; 
        Tetrahydrocannabinols; 1-(1-(2-thienyl) cyclohexyl) piperidine; 
        n-ethyl-1-phenyl-cyclohexylamine; 1-(1-phenylcyclohexyl) 
        pyrrolidine.  
           (4) Peyote, providing the listing of peyote as a 
        controlled substance in schedule I does not apply to the nondrug 
        use of peyote in bona fide religious ceremonies of the American 
        Indian Church, and members of the American Indian Church are 
        exempt from registration.  Any person who manufactures peyote 
        for or distributes peyote to the American Indian Church, 
        however, is required to obtain federal registration annually and 
        to comply with all other requirements of law.  
           (5) Unless specifically excepted or unless listed in 
        another schedule, any material compound, mixture, or preparation 
        which contains any quantity of the following substances having a 
        depressant effect on the central nervous system, including its 
        salts, isomers, and salts of isomers whenever the existence of 
        such salts, isomers, and salts of isomers is possible within the 
        specific chemical designation:  
           Mecloqualone; 
           Flunitrazepam. 
           Sec. 3.  Minnesota Statutes 1994, section 168.36, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [OFFICER MAY SEIZE REGISTRATION PLATES.] If a 
        peace officer stops a motor vehicle and determines, through a 
        check of the motor vehicle registration record system, that the 
        vehicle is being operated while the certificate of registration 
        for the vehicle is revoked, the officer may immediately seize 
        the vehicle's registration plates and destroy the plates or 
        return them to the commissioner of public safety. 
           Sec. 4.  Minnesota Statutes 1994, section 181.9412, is 
        amended to read: 
           181.9412 [SCHOOL CONFERENCE AND ACTIVITIES LEAVE.] 
           Subdivision 1.  [DEFINITION.] For purposes of this section, 
        "employee" does not include the requirement of section 181.940, 
        subdivision 2, clause (1). 
           Subd. 2.  [LEAVE OF 16 HOURS.] (a) An employer must grant 
        an employee leave of up to a total of 16 hours during any 
        12-month period to attend school conferences or classroom 
        school-related activities related to the employee's child, 
        provided the conferences or classroom school-related activities 
        cannot be scheduled during nonwork hours.  If the employee's 
        child receives child care services as defined in section 
        256H.01, subdivision 2, or attends a prekindergarten regular or 
        special education program, the employee may use the leave time 
        provided in this section to attend a conference or activity 
        related to the employee's child, or to observe and monitor the 
        services or program, provided the conference, activity, or 
        observation cannot be scheduled during nonwork hours.  When the 
        leave cannot be scheduled during nonwork hours and the need for 
        the leave is foreseeable, the employee must provide reasonable 
        prior notice of the leave and make a reasonable effort to 
        schedule the leave so as not to disrupt unduly the operations of 
        the employer. 
           (b) Nothing in this section requires that the leave be 
        paid; except that, an employee may substitute any accrued paid 
        vacation leave or other appropriate paid leave for any part of 
        the leave under this section.  
           Sec. 5.  Minnesota Statutes 1995 Supplement, section 
        481.01, is amended to read: 
           481.01 [BOARD OF LAW EXAMINERS; EXAMINATIONS; ALTERNATIVE 
        DISPUTE FEES.] 
           The supreme court shall, by rule from time to time, 
        prescribe the qualifications of all applicants for admission to 
        practice law in this state, and shall appoint a board of law 
        examiners, which shall be charged with the administration of the 
        rules and with the examination of all applicants for admission 
        to practice law.  The board shall consist of not less than 
        three, nor more than seven, attorneys at law, who shall be 
        appointed each for the term of three years and until a successor 
        qualifies.  The supreme court may fill any vacancy in the board 
        for the unexpired term and in its discretion may remove any 
        member of it.  The board shall have a seal and shall keep a 
        record of its proceedings, of all applications for admission to 
        practice, and of persons admitted to practice upon its 
        recommendation.  At least two times a year the board shall hold 
        examinations and report the result of them, with its 
        recommendations, to the supreme court.  Upon consideration of 
        the report, the supreme court shall enter an order in the case 
        of each person examined, directing the board to reject or to 
        issue to the person a certificate of admission to practice.  The 
        board shall have such officers as may, from time to time, be 
        prescribed and designated by the supreme court.  The fee for 
        examination shall be fixed, from time to time, by the supreme 
        court, but shall not exceed $50.  This fee, and any other fees 
        which may be received pursuant to any rules the supreme court 
        promulgates adopts governing the practice of law and 
        court-related alternative dispute resolution practices shall be 
        paid to the state treasurer and shall constitute a special fund 
        in the state treasury which shall be exempt from section 
        16A.127.  The moneys money in this fund are is appropriated 
        annually to the supreme court for the payment of compensation 
        and expenses of the members of the board of law examiners and 
        for otherwise regulating the practice of law.  The moneys money 
        in the fund shall never cancel.  Payments from it shall be made 
        by the state treasurer, upon warrants of the commissioner of 
        finance issued upon vouchers signed by one of the justices of 
        the supreme court.  The members of the board shall have 
        compensation and allowances for expenses as may, from time to 
        time, be fixed by the supreme court. 
           Sec. 6.  Minnesota Statutes 1994, section 490.15, is 
        amended by adding a subdivision to read: 
           Subd. 3.  The salary of the executive secretary of the 
        board shall be 85 percent of the maximum salary provided for an 
        administrative law judge under section 15A.083, subdivision 6a. 
           Sec. 7.  [609.5319] [FINANCIAL INSTITUTION SECURED 
        INTEREST.] 
           Property that is subject to a bona fide security interest, 
        based upon a loan or other financing arranged by a bank, credit 
        union, or any other financial institution, is subject to the 
        interest of the bank, credit union, or other financial 
        institution in any forfeiture proceeding that is based upon a 
        violation of any provision of chapter 609 or the commission of 
        any other criminal act.  The security interest must be 
        established by clear and convincing evidence. 
           Sec. 8.  Minnesota Statutes 1994, section 611.271, is 
        amended to read: 
           611.271 [COPIES OF DOCUMENTS; FEES.] 
           The court administrators of courts, the prosecuting 
        attorneys of counties and municipalities, and the law 
        enforcement agencies of the state and its political subdivisions 
        shall furnish, upon the request of the district public defender, 
        the state public defender, or an attorney working for a public 
        defense corporation under section 611.216, copies of any 
        documents, including police reports, in their possession at no 
        charge to the public defender, including the following:  police 
        reports, photographs, copies of existing grand jury transcripts, 
        audiotapes, videotapes, copies of existing transcripts of 
        audiotapes or videotapes and, in child protection cases, reports 
        prepared by local welfare agencies.  Nothing in this section 
        shall compel production of documents that are not discoverable 
        under the rules of court, court order, or chapter 13. 
           Sec. 9.  Laws 1991, chapter 271, section 9, is amended to 
        read: 
           Sec. 9.  [REPEALER.] 
           Section 5 is repealed effective July 1, 1996 1997, for 
        cases filed on or after that date. 
           Sec. 10.  [EFFECTIVE DATE.] 
           Sections 1 to 3, 5, 7, and 8 are effective August 1, 1996. 
           Section 6 is effective July 1, 1997. 
           Section 9 is effective the day following final enactment. 
           Section 4 is effective July 1, 1996. 
           Presented to the governor March 29, 1996 
           Signed by the governor April 2, 1996, 10:30 a.m.

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