Minnesota Office of the Revisor of Statutes
[*Add Subtitle/link: Office]

Menu

Revisor of Statutes Menu

Minnesota Session Laws

Key: (1) language to be deleted (2) new language

                            CHAPTER 239-S.F.No. 1880 
                  An act relating to the operation of state government; 
                  crime and crime prevention; appropriating money for 
                  the judicial branch, public safety, public defense, 
                  corrections, human rights, and related purposes; 
                  increasing and prescribing criminal penalties for a 
                  variety of offenses; increasing penalties for certain 
                  controlled substance offenses; clarifying provisions 
                  of the Community Notification Act; expanding and 
                  clarifying the sex offender registration law; 
                  clarifying and expanding crime victim rights; 
                  providing additional protections to children; 
                  providing for increased access by peace officers to 
                  juvenile records; creating a statewide criminal gang 
                  council and a criminal gang strike force to improve 
                  the investigation and prosecution of gang-related 
                  crime; increasing protections for correctional 
                  employees who are assaulted by inmates; clarifying the 
                  powers of the ombudsman for corrections; restricting 
                  certain computer uses by inmates; clarifying laws 
                  relating to probation; providing an action for an 
                  order for protection against a minor; amending 
                  Minnesota Statutes 1996, sections 13.99, by adding a 
                  subdivision; 144.761, subdivisions 5 and 7; 144.762, 
                  subdivision 2, and by adding a subdivision; 144.765; 
                  144.767, subdivision 1; 152.01, subdivision 18, and by 
                  adding a subdivision; 152.02, subdivisions 2 and 5; 
                  152.021, subdivisions 1 and 2; 152.022, subdivisions 1 
                  and 2; 152.023, subdivisions 1, 2, and 3; 152.024, 
                  subdivision 1; 152.029; 169.042, subdivision 1; 
                  169.20, subdivision 5; 169.797, subdivision 3; 171.29, 
                  subdivision 2; 241.01, subdivisions 3a and 3b; 241.42, 
                  subdivision 2; 241.44, subdivision 1, and by adding a 
                  subdivision; 242.19, subdivision 3; 242.32, by adding 
                  a subdivision; 243.166, subdivisions 2, 3, and 4; 
                  243.51, subdivisions 1, 3, and by adding a 
                  subdivision; 244.05, subdivision 8; 244.052, 
                  subdivisions 3, 4, 5, and 6; 244.17, subdivision 2; 
                  256E.03, subdivision 2; 256F.09, subdivisions 2 and 3; 
                  257.071, subdivisions 3, 4, and by adding 
                  subdivisions; 257.072, subdivision 1; 259.41; 259.59, 
                  by adding a subdivision; 259.67, subdivision 2; 
                  260.012; 260.015, subdivisions 2a and 29; 260.131, 
                  subdivisions 1 and 2; 260.155, subdivisions 1a, 2, 3, 
                  4, and 8; 260.161, subdivisions 1, 1a, 2, 3, and by 
                  adding a subdivision; 260.165, subdivisions 1 and 3; 
                  260.171, subdivision 2; 260.1735; 260.191, 
                  subdivisions 1, 3a, 3b, as amended, and 4; 260.192; 
                  260.221, subdivisions 1 and 5; 260.241, subdivisions 1 
                  and 3; 260.311, subdivision 1; 299A.61, subdivision 1; 
                  299A.63, subdivision 4; 299C.065, subdivision 1; 
                  299C.095; 299C.10, subdivisions 1 and 4; 299C.13; 
                  299C.65, by adding a subdivision; 299D.07; 299F.051; 
                  299F.06, subdivisions 1 and 3; 326.3321, subdivision 
                  1; 326.3386, subdivision 3, and by adding 
                  subdivisions; 357.021, subdivision 1a; 363.02, 
                  subdivision 1; 363.073, subdivision 1; 388.23, 
                  subdivision 1; 401.13; 480.30, subdivision 1; 504.181, 
                  subdivision 1; 518.10; 518.175, subdivision 5, and by 
                  adding a subdivision; 518.179, subdivision 2; 518B.01, 
                  subdivisions 4, 8, 14, 17, and 18; 566.05; 566.18, 
                  subdivision 6; 609.02, by adding a subdivision; 
                  609.035, subdivision 1, and by adding a subdivision; 
                  609.10; 609.101, subdivision 5; 609.115, subdivision 
                  1; 609.125; 609.135, subdivisions 1, 2, and by adding 
                  a subdivision; 609.15, subdivision 1; 609.221; 
                  609.2231, subdivision 3; 609.2244; 609.2245, 
                  subdivision 2; 609.347, subdivision 7; 609.487, 
                  subdivision 3; 609.495, subdivision 1; 609.498, by 
                  adding subdivisions; 609.52, subdivision 2; 609.684, 
                  subdivision 4; 609.746, subdivision 1; 609.748, 
                  subdivision 1; 609.78; 609.902, subdivision 4; 611.27, 
                  subdivision 4, and by adding a subdivision; 611A.01; 
                  611A.035; 611A.038; 611A.039, subdivision 1; 611A.04, 
                  by adding a subdivision; 611A.045, subdivision 1; 
                  611A.25, subdivision 3; 611A.361, subdivision 3; 
                  611A.52, subdivisions 6 and 8; 611A.53, subdivision 
                  1b; 611A.675; 611A.71, subdivisions 5 and 7; 611A.74, 
                  subdivisions 1, 3, and by adding a subdivision; 
                  611A.75; 617.82; 617.85; 626.843, subdivision 1; 
                  629.725; 631.07; 631.52, subdivision 2; and 641.12; 
                  Laws 1995, chapter 226, articles 2, section 37, 
                  subdivision 2; 3, section 60, subdivision 4; Laws 
                  1996, chapter 408, article 8, sections 21; 22, 
                  subdivision 1; and 24; Laws 1997, chapter 112, section 
                  3; proposing coding for new law in Minnesota Statutes, 
                  chapters 241; 242; 243; 244; 257; 299A; 299C; 299F; 
                  609; 611A; and 626; repealing Minnesota Statutes 1996, 
                  sections 119A.30; 145.406; 244.06; 244.09, subdivision 
                  11a; 259.33; 299A.01, subdivision 6; 299F.07; and 
                  609.684, subdivision 2; Minnesota Rules, parts 
                  7419.0100; 7419.0200; 7419.0300; 7419.0400; 7419.0500; 
                  7419.0600; 7419.0700; and 7419.0800. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
                                   ARTICLE 1 
                                 APPROPRIATIONS 
        Section 1.  [CRIMINAL JUSTICE APPROPRIATIONS.] 
           The sums shown in the columns marked "APPROPRIATIONS" are 
        appropriated from the general fund, or another fund named, to 
        the agencies and for the purposes specified in this act, to be 
        available for the fiscal years indicated for each purpose.  The 
        figures "1997," "1998," and "1999," where used in this act, mean 
        that the appropriation or appropriations listed under them are 
        available for the year ending June 30, 1997, June 30, 1998, or 
        June 30, 1999, respectively. 
                                SUMMARY BY FUND
                       1997           1998          1999          TOTAL
        General $  1,393,000  $ 481,929,000 $ 496,133,000 $ 979,455,000
        Special Revenue           7,254,000     7,479,000    14,733,000
        State Government
        Special Revenue               7,000         7,000        14,000
        Environmental                42,000        43,000        85,000
        Trunk Highway             1,557,000     1,587,000     3,144,000
        TOTAL   $  1,393,000  $ 490,789,000 $ 500,249,000 $ 997,431,000
                                                   APPROPRIATIONS 
                                               Available for the Year 
                                                   Ending June 30 
                                                  1998         1999 
        Sec. 2.  SUPREME COURT 
        Subdivision 1.  Total 
        Appropriation                       $ 21,730,000   $ 21,642,000
        The amounts that may be spent from this 
        appropriation for each program are 
        specified in the following subdivisions.
        Subd. 2.  Supreme Court Operations 
             4,052,000      4,141,000
        $2,500 the first year and $2,500 the 
        second year are for a contingent 
        account for expenses necessary for the 
        normal operation of the court for which 
        no other reimbursement is provided. 
        Subd. 3.  Civil Legal Services
             5,607,000      5,607,000
        This appropriation is for legal 
        services to low-income clients and for 
        family farm legal assistance under 
        Minnesota Statutes, section 480.242.  
        Any unencumbered balance remaining in 
        the first year does not cancel but is 
        available for the second year of the 
        biennium.  A qualified legal services 
        program, as defined in Minnesota 
        Statutes, section 480.24, subdivision 
        3, may provide legal services to 
        persons eligible for family farm legal 
        assistance under Minnesota Statutes, 
        section 480.242. 
        Subd. 4.  Family Law Legal
        Services
               877,000        877,000
        This appropriation is to improve the 
        access of low-income clients to legal 
        representation in family law matters 
        and must be distributed under Minnesota 
        Statutes, section 480.242, to the 
        qualified legal services programs 
        described in Minnesota Statutes, 
        section 480.242, subdivision 2, 
        paragraph (a).  Any unencumbered 
        balance remaining in the first year 
        does not cancel and is available for 
        the second year of the biennium. 
        Subd. 5.  State Court Administration 
             9,191,000      8,993,000
        $120,000 the first year is for grants 
        to develop projects that use innovative 
        and cost-effective means of providing 
        services to children within the child 
        protection system, including legal 
        counsel, guardians ad litem, and other 
        child and welfare services.  Projects 
        may include those that facilitate the 
        coordination of public and private 
        resources and the use of volunteers and 
        existing community programs and 
        services to reduce the cost of 
        services.  This sum is available until 
        June 30, 1999.  This is a one-time 
        appropriation. 
        $180,000 the first year is to develop 
        and provide training programs and 
        materials for guardians ad litem.  This 
        sum is available until June 30, 1999.  
        This is a one-time appropriation. 
        $1,386,000 the first year and 
        $1,386,000 the second year are to begin 
        development and implementation of the 
        infrastructure for a coordinated and 
        integrated statewide criminal and 
        juvenile justice information system; 
        and for implementation of the judicial 
        branch justice information network.  
        This appropriation must be included in 
        the budget base for the 2000-2001 
        biennium. 
        Subd. 6.  Community Dispute Resolution 
               110,000        110,000
        Subd. 7.  Victim Offender Mediation Grants
               170,000        170,000 
        Subd. 8.  Law Library Operations
             1,723,000      1,744,000
        $20,000 the first year and $20,000 the 
        second year are to supplement law 
        library resources. 
        Sec. 3.  COURT OF APPEALS              6,088,000      6,180,000
        $60,000 the first year and $40,000 the 
        second year are for a staff attorney, a 
        photocopier, and ergonomic chairs. 
        In purchasing ergonomic chairs, 
        reasonable efforts shall be made to 
        purchase chairs that were made as part 
        of an industrial and commercial 
        activity authorized under Minnesota 
        Statutes, section 241.27. 
        $70,000 the first year and $30,000 the 
        second year are to implement a video 
        hearing project. 
        Sec. 4.  DISTRICT COURTS              71,038,000     72,184,000
        $75,000 the second year is for 
        increased administrative support. 
        $374,000 the first year and $374,000 
        the second year are for increased 
        judicial support through (1) increased 
        salaries for existing law clerks and (2)
        the hiring of additional law clerks. 
        $450,000 the first year and $450,000 
        the second year are for operational 
        overhead in the Eighth Judicial 
        District.  Of this appropriation, 
        $46,000 the first year and $47,000 the 
        second year must be used to hire a 
        Spanish interpreter. 
        $741,000 the first year and $30,000 the 
        second year are for a video hearing 
        pilot project in the Ninth Judicial 
        District. 
        Sec. 5.  BOARD ON JUDICIAL  
        STANDARDS                                303,000        228,000
        $80,000 the first year is to award 
        costs and attorney fees to eligible 
        judges.  This sum is available until 
        June 30, 1999. 
        Sec. 6.  TAX COURT                       974,000        645,000
        Sec. 7.  PUBLIC SAFETY
        Subdivision 1.  Total 
        Appropriation                         40,957,000     38,755,000
                      Summary by Fund
                                1998          1999
        General              37,543,000    35,309,000
        Special Revenue       1,808,000     1,809,000 
        Trunk Highway         1,557,000     1,587,000 
        Environmental            42,000        43,000 
        State Government                       
        Special Revenue           7,000         7,000
        The amounts that may be spent from this 
        appropriation for each program are 
        specified in the following subdivisions.
        Subd. 2.  Emergency Management
                      Summary by Fund
        General               3,372,000     3,396,000
        Environmental            42,000        43,000
        Subd. 3.  Criminal Apprehension 
                      Summary by Fund
        General              23,596,000    21,768,000
        Special Revenue       1,808,000     1,809,000
        State Government
        Special Revenue           7,000         7,000
        Trunk Highway         1,557,000     1,587,000
        The commissioner of finance shall 
        reduce the appropriations for the 
        division of the Bureau of Criminal 
        Apprehension from the general fund as 
        necessary to reflect legislation 
        enacted in 1997 that (1) reduces state 
        contributions for pensions for 
        employees under the division of the 
        Bureau of Criminal Apprehension from 
        the general fund, or (2) provides money 
        for those pensions from police state 
        aid. 
        $4,494,000 the first year and 
        $2,560,000 the second year are to begin 
        development and implementation of the 
        infrastructure for a coordinated and 
        integrated statewide criminal and 
        juvenile justice information system.  
        Of this appropriation, $1,554,000 the 
        first year and $1,350,000 the second 
        year are to be transferred to the 
        supreme court for the judicial branch 
        justice network.  This transfer 
        appropriation must be included in the 
        budget base for the 2000-2001 biennium. 
        $100,000 the first year and $100,000 
        the second year from the Bureau of 
        Criminal Apprehension account in the 
        special revenue fund are for grants to 
        local officials for the cooperative 
        investigation of cross-jurisdictional 
        criminal activity.  Any unencumbered 
        balance remaining in the first year 
        does not cancel but is available for 
        the second year. 
        $408,000 the first year and $409,000 
        the second year from the Bureau of 
        Criminal Apprehension account in the 
        special revenue fund are for laboratory 
        activities. 
        $50,000 the first year and $50,000 the 
        second year are for the Bureau of 
        Criminal Apprehension to hire an 
        additional forensic scientist. 
        $75,000 the first year is for a grant 
        to Hennepin county and $75,000 the 
        first year is for a grant to the city 
        of Minneapolis.  These appropriations 
        must be used for costs associated with 
        the drugfire program. 
        $3,936,000 the first year and 
        $3,936,000 the second year are: 
        (1) for grants under Minnesota 
        Statutes, section 299C.065, 
        subdivisions 1 and 1a; 
        (2) for the grants authorized in 
        Minnesota Statutes, section 299A.627, 
        subdivisions 1 and 2, and to fund the 
        organization and operation of the 
        criminal gang oversight council and 
        strike force described in Minnesota 
        Statutes, section 299A.625; 
        (3) to hire five new agents to replace 
        those assigned to the criminal gang 
        strike force; 
        (4) to develop the criminal gang 
        investigative data system; 
        (5) to hire ten new agents to fill 
        existing vacancies statewide; and 
        (6) for overtime expenses for the 
        Bureau of Criminal Apprehension. 
        Money expended for the purposes 
        described in clauses (1) to (4) and 
        (6), shall not be included in the 
        agency's base budget for the 2000-2001 
        biennium. 
        The commissioner may use part of the 
        appropriation described in clause (2) 
        to procure necessary equipment and pay 
        other expenses deemed necessary by the 
        criminal gang oversight council.  
        However, the commissioner shall seek to 
        minimize expenses related to equipment 
        by encouraging local entities to 
        contribute equipment and other support 
        to the strike force. 
        The appropriation to hire additional 
        agents under clause (3) may not be used 
        to purchase or lease vehicles. 
        If new agents are hired under clause 
        (5), the superintendent shall cooperate 
        with the department of corrections in 
        capturing fugitives. 
        Subd. 4.  Fire Marshal 
             2,969,000      2,979,000
        $225,000 the first year and $125,000 
        the second year may be used to: 
        (1) hire an additional fire 
        investigator to be assigned to northern 
        Minnesota; 
        (2) retain mechanical, electrical, 
        engineering, or technical experts to 
        assist with determining the cause of 
        fires; 
        (3) reimburse members of the arson 
        strike force for their overtime, 
        travel, subsistence, and related costs 
        and to obtain professional expert 
        services or technical equipment that 
        are beyond the capabilities of the 
        strike force members; 
        (4) establish the arson training unit; 
        (5) establish the standardized arson 
        training curriculum; 
        (6) develop a fire scene preservation 
        video for distribution to fire 
        departments statewide; 
        (7) purchase an arson training trailer 
        equipped for use in training events and 
        available as a resource to the arson 
        strike force at major fires; 
        (8) develop and maintain an arson 
        resource library collection; 
        (9) communicate the importance of arson 
        training to law enforcement, fire 
        service, and prosecuting agencies; 
        (10) provide financial incentives to 
        encourage firefighters and peace 
        officers to participate in arson 
        training; 
        (11) establish and staff the statewide 
        juvenile firesetter intervention 
        network; 
        (12) develop and distribute the 
        comprehensive injury prevention 
        education curriculum; 
        (13) provide initial funding for the 
        annual training forum on juvenile 
        firesetting behavior and intervention 
        strategies; 
        (14) assist local fire departments in 
        collecting relevant data on 
        juvenile-related fire incidents for 
        inclusion in the fire incident 
        reporting system; 
        (15) provide the laboratory instruments 
        and training needed to process arson 
        evidence samples; and 
        (16) provide the supporting equipment 
        and services needed to use arson 
        evidence sample processing instruments. 
        By February 15, 1999, the fire marshal 
        shall report to the chairs of the 
        senate and house divisions having 
        jurisdiction over criminal justice 
        funding on how this appropriation was 
        spent. 
        Subd. 5.  Alcohol and Gambling Enforcement
                      Summary by Fund
        General               1,682,000     1,716,000
        Subd. 6.  Crime Victims Services
             2,147,000      2,155,000
        $100,000 the first year and $100,000 
        the second year are for grants to the 
        crime victim and witness advisory 
        council to be used by the council for 
        the purposes specified in Minnesota 
        Statutes, section 611A.675. 
        Subd. 7.  Crime Victims Ombudsman
               374,000        375,000
        Subd. 8.  Law Enforcement and Community Grants
             3,260,000      2,745,000 
        The appropriations in this subdivision 
        are one-time appropriations. 
        $2,250,000 each year is to provide 
        funding for: 
        (1) grants under Minnesota Statutes, 
        section 299A.62, subdivision 1, clause 
        (2), to enable local law enforcement 
        agencies to assign overtime officers to 
        high crime areas within their 
        jurisdictions.  These grants shall be 
        distributed as provided in subdivision 
        2 of that section.  Up to $23,000 may 
        be used to administer grants awarded 
        under this clause; and 
        (2) weed and seed grants under 
        Minnesota Statutes, section 299A.63.  
        This appropriation shall be divided in 
        equal parts between the two programs.  
        Money not expended in the first year is 
        available for grants during the second 
        year.  
        By February 1, 1998, the commissioner 
        shall report to the chairs of the 
        senate and house divisions having 
        jurisdiction over criminal justice 
        funding, on grants made under clauses 
        (1) and (2). 
        $50,000 the first year is for Ramsey 
        county to continue the special unit 
        enforcing the state nuisance laws.  
        $50,000 the first year is for one or 
        more grants to community-based programs 
        to conduct research on street gang 
        culture and, based on this research, 
        develop effective prevention and 
        intervention techniques to help youth 
        avoid or end their street gang 
        involvement.  Each program receiving a 
        grant shall provide a report to the 
        criminal gang oversight council that 
        contains the following information: 
        (1) the results of the program's 
        research on street gang culture; 
        (2) the program's plans for additional 
        research on street gang culture, if 
        any; and 
        (3) the prevention and intervention 
        techniques developed by the program. 
        An interim report must be provided to 
        the council six months after a program 
        is awarded a grant.  A final report 
        must be provided to the council by 
        February 1, 1999.  A copy of each 
        report also must be provided to the 
        commissioner of public safety. 
        Each program receiving a grant also 
        must provide information and 
        recommendations on gang culture to the 
        criminal gang oversight council and 
        criminal gang strike force, as 
        requested by the council or strike 
        force. 
        $40,000 the first year shall be 
        transferred as a grant to a nonprofit 
        organization to be used to meet 
        one-half of the state match requirement 
        if the organization receives federal 
        funding to:  (1) acquire interactive 
        multimedia equipment for courtroom 
        presentations to aid in the prosecution 
        of complex homicide and child fatality 
        cases; and (2) retain a forensic 
        pathologist skilled in making such 
        presentations to serve as a consultant 
        to prosecutors statewide for one year.  
        This grant is available only if the 
        organization obtains funds for the 
        remainder of the state match from other 
        sources. 
        $175,000 the first year is for grants 
        to the Council on Black Minnesotans to 
        continue the program established in 
        Laws 1996, chapter 408, article 2, 
        section 13. 
        $250,000 each year is for grants to 
        local governmental units that have 
        incurred costs implementing Minnesota 
        Statutes, section 244.052 or 244.10, 
        subdivision 2a.  Local governmental 
        units shall detail the costs they have 
        incurred along with any other 
        information required by the 
        commissioner.  The commissioner shall 
        award grants in a manner that 
        reimburses local governmental units 
        demonstrating the greatest need.  Of 
        this appropriation, up to $40,000 may 
        be used for educational equipment and 
        training to be used for sex offender 
        notification meetings by law 
        enforcement agencies around the state. 
        $120,000 each year is for a grant to 
        the northwest Hennepin human services 
        council to administer the northwest 
        community law enforcement project, to 
        be available until June 30, 1999.  
        $75,000 each year is for grants to 
        Hennepin and Ramsey counties to 
        administer the community service grant 
        pilot project program.  
        $100,000 the first year is for grants 
        to the city of St. Paul to be used by 
        the city to acquire and renovate a 
        building for a joint use police 
        storefront and youth activity center in 
        the north end area of St. Paul. 
        $25,000 the first year is for the 
        criminal alert network to disseminate 
        data regarding the use of fraudulent 
        checks and the coordination of security 
        and antiterrorism efforts with the 
        Federal Bureau of Investigation.  This 
        money is available only if the 
        commissioner determines the expansion 
        is feasible.  If the commissioner 
        determines that one or both of the uses 
        are not feasible, the commissioner 
        shall reduce the amount spent 
        accordingly. 
        $75,000 the first year is for a grant 
        to the Fourth Judicial District to plan 
        for a family violence coordinating 
        council. 
        Subd. 9.  Administration and Related Services
               143,000        175,000
        This appropriation is to be deposited 
        in the public safety officer's benefit 
        account.  This money is available for 
        reimbursements under Minnesota 
        Statutes, section 299A.465. 
        $40,000 the first year is for purposes 
        of the firefighter training study 
        committee.  This is a one-time 
        appropriation.  
        Sec. 8.  BOARD OF PRIVATE DETECTIVE 
        AND PROTECTIVE AGENT SERVICES            130,000        132,000
        Sec. 9.  BOARD OF PEACE OFFICER 
        STANDARDS AND TRAINING                 3,581,000      3,801,000
        This appropriation is from the peace 
        officers training account in the 
        special revenue fund.  Any receipts 
        credited to the peace officer training 
        account in the special revenue fund in 
        the first year in excess of $3,581,000 
        must be transferred and credited to the 
        general fund.  Any receipts credited to 
        the peace officer training account in 
        the special revenue fund in the second 
        year in excess of $3,801,000 must be 
        transferred and credited to the general 
        fund. 
        $30,000 the first year is from the 
        special revenue fund for DARE officer 
        training. 
        $312,000 the second year shall be 
        expended as follows:  (1) up to $30,000 
        for administrative law judge costs; (2) 
        up to $16,000 for minority recruitment; 
        (3) up to $10,000 for computer training 
        and support; (4) up to $30,000 for DARE 
        officer training; (5) $100,000 for a 
        law enforcement library at metropolitan 
        state university; (6) up to $25,000 for 
        hiring a consultant to develop a 
        screening examination for admission to 
        a law enforcement skills program.  If 
        there are sufficient funds remaining 
        after developing the screening 
        examination, the consultant may develop 
        a new reciprocity examination; and (7) 
        up to $101,000 for increased 
        reimbursements to local law enforcement 
        for the cost of administering 
        board-approved continuing education to 
        peace officers. 
        By July 1, 1998, and each July 1 
        thereafter, the board shall report to 
        the chairs of the senate and house 
        divisions having jurisdiction over 
        criminal justice funding on the 
        activities of the minority recruiter 
        and the outcomes attributable to that 
        position. 
        The commissioner of finance shall 
        ensure that the base budget for the 
        2000-2001 fiscal biennium for the POST 
        board includes the $850,000 each year 
        that was transferred in fiscal year 
        1997 from the POST board to the 
        Minnesota state colleges and 
        universities system. 
        The board shall provide education and 
        training to peace officers and other 
        criminal justice personnel on early 
        intervention and reduction of possible 
        HIV seroconversion for persons who have 
        experienced a significant exposure, as 
        defined in Minnesota Statutes, section 
        144.761.  The POST board shall work in 
        cooperation with the commissioners of 
        public safety and corrections in 
        providing this training.  A portion of 
        this appropriation shall be awarded as 
        grants to professional employers of 
        emergency medical services personnel as 
        defined in Minnesota Statutes, section 
        144.761, subdivision 5, clause (2), to 
        demonstrate effective education and 
        training services and procedures for 
        implementing the protocol described in 
        Minnesota Statutes, section 144.762. 
        Sec. 10.  BOARD OF PUBLIC DEFENSE 
        Subdivision 1.  Total       
        Appropriation                         41,658,000     41,972,000
        None of this appropriation shall be 
        used to pay for lawsuits against public 
        agencies or public officials to change 
        social or public policy.  
        The amounts that may be spent from this 
        appropriation for each program are 
        specified in the following subdivisions.
        Subd. 2.  State Public      
        Defender 
             3,250,000      3,315,000
        Subd. 3.  Board of Public   
        Defense  
               900,000        915,000
        Subd. 4.  District Public   
        Defense  
            37,508,000     37,742,000 
        $969,000 the first year and $969,000 
        the second year are for grants to the 
        five existing public defense 
        corporations under Minnesota Statutes, 
        section 611.216. 
        Sec. 11.  AUTO THEFT PREVENTION BOARD 
        Subdivision 1.  Total       
        Appropriation                          1,865,000      1,869,000
        This appropriation is from the 
        automobile theft prevention account in 
        the special revenue fund. 
        The board is encouraged to use a 
        portion of this appropriation to (1) 
        design intervention measures to prevent 
        and combat automobile theft activity by 
        gangs; and (2) implement strategies to 
        increase apprehension of gang members 
        involved in automobile theft activity. 
        Sec. 12.  CORRECTIONS 
        Subdivision 1.  Total 
        Appropriation                        296,892,000    312,215,000
        The amounts that may be spent from this 
        appropriation for each program are 
        specified in the following subdivisions.
        Any unencumbered balances remaining in 
        the first year do not cancel but are 
        available for the second year of the 
        biennium. 
        Positions and administrative money may 
        be transferred within the department of 
        corrections as the commissioner 
        considers necessary, upon the advance 
        approval of the commissioner of finance.
        For the biennium ending June 30, 1999, 
        the commissioner of corrections may, 
        with the approval of the commissioner 
        of finance, transfer funds to or from 
        salaries. 
        The department may use up to $320,000 
        of dedicated receipts to design, 
        construct, furnish, and equip a new 
        building for Thistledew Camp's new 
        wilderness endeavors program.  The 
        building must provide a ten bed 
        training and juvenile dorm area, plus 
        storage. 
        Subd. 2.  Correctional 
        Institutions  
           179,965,000    189,823,000
        The commissioner may expend federal 
        grant money in an amount up to 
        $1,000,000 to supplement the renovation 
        of the buildings at the Brainerd 
        regional center for use as a 
        correctional facility. 
        The commissioner may open the Brainerd 
        facility on or after May 1, 1999. 
        If the commissioner deems it necessary 
        to reduce staff positions during the 
        biennium ending June 30, 1999, the 
        commissioner must reduce at least the 
        same percentage of management and 
        supervisory personnel as line and 
        support personnel in order to ensure 
        employee safety, inmate safety, and 
        facility security. 
        During the biennium ending June 30, 
        1999, if it is necessary to reduce 
        services or staffing within a 
        correctional facility, the commissioner 
        or the commissioner's designee shall 
        meet with affected exclusive 
        representatives.  The commissioner 
        shall make every reasonable effort to 
        retain correctional officer and prison 
        industry employees should reductions be 
        necessary. 
        During the biennium ending June 30, 
        1999, the commissioner must consider 
        ways to reduce the per diem in adult 
        correctional facilities.  As part of 
        this consideration, the commissioner 
        must consider reduction in management 
        and supervisory personnel levels in 
        addition to line staff levels within 
        adult correctional institutions, 
        provided this objective can be 
        accomplished without compromising 
        safety and security. 
        The commissioner shall develop criteria 
        to designate geriatric and disabled 
        inmates eligible for transfer to 
        nursing facilities, including 
        state-operated facilities.  Upon 
        certification by the commissioner that 
        a nursing facility can meet necessary 
        security requirements, the commissioner 
        may contract with the facility for the 
        placement and housing of eligible 
        geriatric and disabled inmates.  
        Inmates placed in a nursing facility 
        must meet the criteria specified in 
        Minnesota Statutes, section 244.05, 
        subdivision 8, and are considered to be 
        on conditional medical release. 
        $700,000 the first year and $1,500,000 
        the second year are to operate a work 
        program at Camp Ripley under Minnesota 
        Statutes, section 241.277. 
        Subd. 3.  Juvenile Services
            17,070,000     17,790,000 
        $500,000 each year is to plan for and 
        establish a weekend camp program at 
        Camp Ripley designed for first- or 
        second-time male juvenile offenders 
        ages 11 to 14.  The commissioner shall 
        develop eligibility standards for the 
        program.  The camp shall be a highly 
        structured program and teach work 
        skills, such as responsibility, 
        organization, time management, and 
        follow-through.  The juvenile offenders 
        will each develop a community service 
        plan that will be implemented upon 
        return to the community.  The program 
        shall receive referrals from youth 
        service agencies, police, school 
        officials, parents, and the courts.  By 
        January 15, 1998, the commissioner 
        shall report to the chairs of the house 
        and senate criminal justice funding 
        divisions a proposed budget for this 
        camp program for the second year of the 
        fiscal biennium and shall include a 
        description of the proposed outcomes 
        for the program. 
        $100,000 the first year is to conduct 
        planning for and evaluation of 
        additional camp programs and aftercare 
        services for juvenile offenders, 
        including, but not limited to, the 
        Vision Quest program and a three-week 
        work camp. 
        $500,000 the first year is to renovate 
        two cottages at the Minnesota 
        correctional facility-Red Wing.  
        $1,021,000 the second year is to 
        transfer the sex offender program from 
        the Minnesota correctional 
        facility-Sauk Centre and operate it at 
        the Minnesota correctional facility-Red 
        Wing. 
        $333,000 the second year is for housing 
        and programming for female juvenile 
        offenders committed to the commissioner 
        of corrections. 
        $130,000 the first year and $130,000 
        the second year are to improve 
        aftercare services for juveniles 
        released from correctional facilities 
        by adding two professional and one 
        clerical positions. 
        The commissioner shall design the 
        juvenile support network to provide 
        aftercare services for these 
        offenders.  The network must coordinate 
        support services in the community for 
        returning juveniles.  Counties, 
        communities, and schools must develop 
        and implement the network.  The 
        commissioner shall require aftercare 
        programs to be incorporated into 
        Community Corrections Act plans. 
        Subd. 4.  Community Services 
            80,387,000     84,824,000 
        $225,000 each year is for school-based 
        probation pilot programs.  Of this 
        amount, $150,000 each year is for 
        Dakota county and $75,000 each year is 
        for Anoka county.  This is a one-time 
        appropriation. 
        $50,000 each year is for the Ramsey 
        county enhanced probation pilot 
        project.  The appropriation may not be 
        used to supplant law enforcement or 
        county probation officer positions, or 
        correctional services or programs.  
        This is a one-time appropriation. 
        $200,000 the first year is for the gang 
        intervention pilot project.  This is a 
        one-time appropriation. 
        $50,000 the first year and $50,000 the 
        second year are for grants to local 
        communities to establish and implement 
        pilot project restorative justice 
        programs. 
        $95,000 the first year is for the 
        Dakota county family group conferencing 
        pilot project established in Laws 1996, 
        chapter 408, article 2, section 9.  
        This is a one-time appropriation. 
        All money received by the commissioner 
        of corrections pursuant to the domestic 
        abuse investigation fee under Minnesota 
        Statutes, section 609.2244, is 
        available for use by the commissioner 
        and is appropriated annually to the 
        commissioner of corrections for costs 
        related to conducting the 
        investigations. 
        $750,000 each year is for an increase 
        in community corrections act subsidy 
        funding.  The funding shall be 
        distributed according to the community 
        corrections aid formula in Minnesota 
        Statutes, section 401.10. 
        $4,000,000 the second year is for 
        juvenile residential treatment grants 
        to counties to defray the cost of 
        juvenile residential treatment.  Eighty 
        percent of this appropriation must be 
        distributed to noncommunity corrections 
        act counties and 20 percent must be 
        distributed to community corrections 
        act counties.  The commissioner shall 
        distribute the money according to the 
        formula contained in Minnesota 
        Statutes, section 401.10.  By January 
        15, counties must submit a report to 
        the commissioner describing the 
        purposes for which the grants were used.
        $60,000 the first year and $60,000 the 
        second year are for the electronic 
        alcohol monitoring of DWI and domestic 
        abuse offenders pilot program. 
        $123,000 each year shall be distributed 
        to the Dodge-Fillmore-Olmsted community 
        corrections agency and $124,000 each 
        year shall be distributed to the 
        Arrowhead regional corrections agency 
        for use in a pilot project to expand 
        the agencies' productive day initiative 
        programs, as defined in Minnesota 
        Statutes, section 241.275, to include 
        juvenile offenders who are 16 years of 
        age and older.  This is a one-time 
        appropriation. 
        $2,000,000 the first year and 
        $2,000,000 the second year are for a 
        statewide probation and supervised 
        release caseload and workload reduction 
        grant program.  Counties that deliver 
        correctional services through Minnesota 
        Statutes, chapter 260, and that qualify 
        for new probation officers under this 
        program shall receive full 
        reimbursement for the officers' 
        salaries and reimbursement for the 
        officers' benefits and support as set 
        forth in the probations standards task 
        force report, not to exceed $70,000 per 
        officer annually.  Positions funded by 
        this appropriation may not supplant 
        existing services.  Position control 
        numbers for these positions must be 
        annually reported to the commissioner 
        of corrections. 
        The commissioner shall distribute money 
        appropriated for state and county 
        probation officer caseload and workload 
        reduction, increased intensive 
        supervised release and probation 
        services, and county probation officer 
        reimbursement according to the formula 
        contained in Minnesota Statutes, 
        section 401.10.  These appropriations 
        may not be used to supplant existing 
        state or county probation officer 
        positions or existing correctional 
        services or programs.  The money 
        appropriated under this provision is 
        intended to reduce state and county 
        probation officer caseload and workload 
        overcrowding and to increase 
        supervision of individuals sentenced to 
        probation at the county level.  This 
        increased supervision may be 
        accomplished through a variety of 
        methods, including but not limited to:  
        (1) innovative technology services, 
        such as automated probation reporting 
        systems and electronic monitoring; (2) 
        prevention and diversion programs; (3) 
        intergovernmental cooperation 
        agreements between local governments 
        and appropriate community resources; 
        and (4) traditional probation program 
        services. 
        $700,000 the first year and $700,000 
        the second year are for grants to 
        judicial districts for the 
        implementation of innovative projects 
        to improve the administration of 
        justice, including, but not limited to, 
        drug courts, night courts, community 
        courts, family courts, and projects 
        emphasizing early intervention and 
        coordination of justice system 
        resources in the resolution of cases.  
        Of this amount, up to $25,000 may be 
        used to develop a gun education 
        curriculum under article 2.  This is a 
        one-time appropriation. 
        During fiscal year 1998, up to $500,000 
        of unobligated funds available under 
        Minnesota Statutes, section 401.10, 
        subdivision 2, from fiscal year 1997 
        may be used for a court services 
        tracking system for the counties.  
        Notwithstanding Minnesota Statutes, 
        section 401.10, subdivision 2, these 
        funds are available for use in any 
        county using the court services 
        tracking system. 
        Before the commissioner uses money that 
        would otherwise cancel to the general 
        fund for the court services tracking 
        system, the proposal for the system 
        must be reviewed by the criminal and 
        juvenile justice information policy 
        group. 
        $52,500 of the amount appropriated to 
        the commissioner in Laws 1995, chapter 
        226, article 1, section 11, subdivision 
        3, for the criterion-related 
        cross-validation study is available 
        until January 1, 1998.  The study must 
        be completed by January 1, 1998. 
        Subd. 5.  Crime Victim and
        Prevention Services
            10,199,000     10,319,000 
        $50,000 the first year is to make 
        grants, with the assistance of the 
        crime victim prevention division, to 
        organizations or local units of 
        government providing support services 
        to women leaving systems of 
        prostitution.  Grantees must provide an 
        equal funding match.  This is a 
        one-time appropriation. 
        $103,000 the second year is to provide 
        funding for one existing battered 
        women's shelter in Washington county 
        that currently is not funded; and 
        $104,000 the second year is for one 
        existing battered women's shelter in 
        Goodhue county that currently is not 
        funded. 
        During the biennium ending June 30, 
        1999, when awarding grants for victim's 
        programs and services, the commissioner 
        shall give priority to geographic areas 
        that are unserved or underserved by 
        programs or services. 
        $30,000 each year is for grants to the 
        city of St. Paul to provide support 
        services to the surviving family 
        members of homicide, suicide, and 
        accidental death victims.  This is a 
        one-time appropriation. 
        $55,000 the first year is for grants to 
        the Hennepin and Ramsey county 
        attorneys' offices to improve the 
        education of landlords and tenants on 
        best practices in the rental market.  
        This is a one-time appropriation. 
        The commissioner of corrections shall 
        use dedicated receipts to implement a 
        victim notification system designed to 
        reduce the probability of further 
        harassment of the victim.  The system 
        must allow the victim to make toll-free 
        calls to a call center and obtain 
        information about inmates regarding 
        their current status and location. 
        Subd. 6.  Management Services  
             9,271,000      9,459,000
        Sec. 13.  CORRECTIONS OMBUDSMAN          565,000        580,000
        Sec. 14.  SENTENCING GUIDELINES
        COMMISSION                               435,000        445,000 
        Sec. 15.  HUMAN RIGHTS
        Subdivision 1.  Total
        Appropriation                          3,763,000      3,790,000 
        By July 1, 1997, and every six months 
        thereafter, the commissioner shall 
        report the following information to the 
        chairs of the senate and house 
        divisions having jurisdiction over 
        criminal justice funding and the chairs 
        of the senate judiciary committee and 
        the house civil and family law division:
        (1) the number of cases filed and the 
        percentage still open; 
        (2) the distribution of filed cases by 
        alleged area and basis of 
        discrimination; 
        (3) the number of open cases in the 
        department's inventory and an inventory 
        breakdown by case age; 
        (4) the average caseload per full-time 
        enforcement officer; 
        (5) the number of cases closed during 
        the preceding six months; 
        (6) the breakdown of closed cases, 
        including the percentages that were 
        dismissed, withdrawn, closed after a 
        probable cause determination, closed 
        after no probable cause was found, or 
        settled; 
        (7) the average length of time to 
        dismiss a case; 
        (8) the average length of time to issue 
        a probable cause determination; 
        (9) the number and percentage of filed 
        cases in the preceding six months 
        recommended for ADR; 
        (10) the number of cases resolved in 
        ADR and the average length of time in 
        ADR; and 
        (11) the number of cases returned from 
        ADR for department investigation. 
        Subd. 2.  Contract Compliance
               386,000        395,000 
        Subd. 3.  Complaint Processing
             2,675,000      2,679,000 
        $50,000 the first year is for a program 
        for testing whether the Human Rights 
        Act, Minnesota Statutes, chapter 363, 
        is being complied with in the area of 
        rental housing.  The program must 
        include tests to determine the 
        frequency of incidents of racial 
        discrimination.  The department shall 
        report to the chairs of the senate and 
        house divisions having jurisdiction 
        over criminal justice funding and the 
        chairs of the senate judiciary 
        committee and house civil and family 
        law division by January 1, 1998, on the 
        results and effectiveness of the 
        program.  This is a one-time 
        appropriation. 
        Subd. 4.  Management Services and
        Administration 
               702,000        716,000 
        Sec. 16.  UNIFORM LAWS COMMISSION         35,000         36,000 
        Sec. 17.  ECONOMIC SECURITY              650,000        650,000 
        $650,000 the first year and $650,000 
        the second year are for grants to 
        cities of the first class and to cities 
        that are contiguous to cities of the 
        first class in greater Minnesota, that 
        demonstrate a need for creating and 
        expanding curfew enforcement, truancy 
        prevention, and pretrial diversion 
        programs.  Programs funded under this 
        provision must have clearly established 
        neighborhood, community, and family 
        outcome measures of success and must 
        report to the commissioner on the 
        achievement of these outcomes on or 
        before June 30, 1999.  This 
        appropriation may not be added to the 
        department's budget base for the 
        2000-2001 biennium. 
        Sec. 18.  ATTORNEY GENERAL               125,000        125,000 
        $125,000 each year is for a grant to 
        the DARE advisory council to be used to 
        continue existing education programs in 
        elementary schools and to expand the 
        program into junior and senior high 
        schools.  This is a one-time 
        appropriation. 
        Sec. 19.  DEFICIENCY APPROPRIATION
                      Fiscal Year 1997
        General           1,393,000
        This appropriation for fiscal year 1997 
        is added to the appropriation in Laws 
        1995, chapter 226, article 1, section 
        7, subdivision 2, to provide matching 
        funds for federal emergency management 
        assistance funds received for natural 
        disaster assistance payments. 
           Sec. 20.  [PLAN FOR FUNDING CRIME VICTIM SERVICES.] 
           The commissioners of the departments of corrections and 
        public safety will provide a report to the chairs of the house 
        judiciary finance division and the senate crime prevention and 
        judiciary finance division by February 1, 1998.  The report will 
        contain a comprehensive coordinated plan for establishing and 
        funding statewide services for battered women, sexual assault, 
        and general crime victims. 
           Sec. 21.  [YEAR 2000 READY.] 
           Any computer software or hardware that is purchased with 
        money appropriated in this article must be year 2000 ready. 
                                   ARTICLE 2
                 CRIME PREVENTION AND COMMUNITY SAFETY PROGRAMS
           Section 1.  Minnesota Statutes 1996, section 299C.065, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [GRANTS.] The commissioner of public safety 
        shall make grants to local officials for the following purposes: 
           (1) the cooperative investigation of cross jurisdictional 
        criminal activity relating to the possession and sale of 
        controlled substances; 
           (2) receiving or selling stolen goods; 
           (3) participating in gambling activities in violation of 
        section 609.76; 
           (4) violations of section 609.322, 609.323, or any other 
        state or federal law prohibiting the recruitment, 
        transportation, or use of juveniles for purposes of 
        prostitution; and 
           (5) for partial reimbursement of local costs associated 
        with unanticipated, intensive, long-term, multijurisdictional 
        criminal investigations that exhaust available local resources, 
        except that the commissioner may not reimburse the costs of a 
        local investigation involving a child who is reported to be 
        missing and endangered unless the law enforcement agency 
        complies with section 299C.53 and the agency's own investigative 
        policy; and 
           (6) for partial reimbursement of local costs associated 
        with criminal investigations into the activities of violent 
        criminal gangs and gang members. 
           Sec. 2.  Laws 1995, chapter 226, article 2, section 37, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PILOT PROGRAM ESTABLISHED.] In cooperation with 
        the conference of chief judges, the state court administrator, 
        and the commissioner of public safety, the commissioner of 
        corrections shall establish a three-year pilot program to 
        evaluate the effectiveness of using breath analyzer units to 
        monitor DWI and domestic abuse offenders who are ordered to 
        abstain from alcohol use as a condition of pretrial release, 
        supervised release, or probation.  The pilot program must 
        include procedures ensuring that violators of this condition of 
        release receive swift consequences for the violation. 
           The commissioner of corrections shall select at least two 
        judicial districts to participate in the pilot program.  
        Offenders who are ordered to use a breath analyzer unit shall 
        also be ordered to pay the per diem cost of the monitoring 
        unless the offender is indigent.  The commissioner of 
        corrections shall reimburse the judicial districts for any costs 
        the districts incur in participating in the program. 
           After three years, the commissioner of corrections shall 
        evaluate the effectiveness of the program and shall report the 
        results of this evaluation to the conference of chief judges, 
        the state court administrator, the commissioner of public 
        safety, and the chairs of the house of representatives and 
        senate committees having jurisdiction over criminal justice 
        policy and finance. 
           Sec. 3.  [GANG INTERVENTION SERVICES; PILOT GRANT PROGRAM.] 
           Subdivision 1.  [GANG INTERVENTION.] The commissioner of 
        corrections shall develop and administer a gang intervention 
        pilot grant program to provide services to young persons who are 
        interested in terminating their gang affiliation.  This program 
        shall assist local organizations engaged in helping gang members 
        separate themselves from their gang affiliation by providing 
        services to former members of criminal gangs.  The commissioner 
        shall develop a grant application that specifies the eligibility 
        criteria for receiving grants and sets a formula for the match 
        requirement. 
           Subd. 2.  [ELIGIBILITY FOR GRANTS.] A local organization 
        must meet the following criteria to be eligible for a grant 
        under the program: 
           (1) it must be a private, nonprofit organization or a local 
        public agency; 
           (2) it must offer and provide to clients of the program 
        services to help gang members terminate their affiliation with 
        gangs, including educational opportunities, job skill 
        development, life skills, community service, medical services, 
        and counseling; and 
           (3) it must provide matching funds or in-kind services in 
        compliance with the formula set by the commissioner of 
        corrections. 
           Subd. 3.  [ELIGIBILITY FOR SERVICES.] A person who seeks to 
        receive services under this section must meet the following 
        criteria: 
           (1) at the time the person is accepted into the program, 
        the person must not be older than 25 years of age or be under 
        the custody of the commissioner of corrections; 
           (2) the person must not have received substantially similar 
        services previously from the grant program or any other publicly 
        funded program; 
           (3) the person must be employable, as determined by the 
        grantee organization; and 
           (4) the person must agree to comply with all of the program 
        participation requirements established by the grantee 
        organization, including performing any required community 
        service. 
           Subd. 4.  [REPORT TO LEGISLATURE.] On or before January 15, 
        1999, the commissioner of corrections shall submit a report to 
        the chairs of the senate and house divisions having jurisdiction 
        over criminal justice funding evaluating the operating of the 
        pilot grant program established in this section. 
           Sec. 4.  [ENHANCED PROBATION PILOT PROJECT; RAMSEY COUNTY.] 
           Subdivision 1.  [ESTABLISHMENT.] A pilot project is created 
        in Ramsey county to establish and implement an enhanced 
        probation law enforcement community partnership program.  This 
        program will provide intensive monitoring and coordination 
        between juvenile probation officers, local law enforcement 
        personnel, and culturally specific community nonprofit agencies 
        to best deal with juvenile probationers who have committed or 
        who are at risk to commit violent crimes, especially likely to 
        involve weapons, and who are associated with gang and drug 
        activities in Ramsey county.  
           Subd. 2.  [PILOT PROJECT.] (a) The pilot project is a local 
        Ramsey county community-based program designed to discourage 
        young people from involvement in unlawful drug or street gang 
        activities usually involving violence and weapons.  It will 
        provide a bridge among the law enforcement, corrections, and 
        culturally-specific, community-based programs designed to 
        provide a more intensive intervention effort, including during 
        evenings and weekends, with juvenile offenders on probation who 
        are identified as likely to engage in repeated criminal activity 
        in the future unless intervention is undertaken through 
        intensive surveillance, accountable consequences for probation 
        violations, and the use of culturally-sensitive treatment 
        programs that are innovative and that encourage substantial 
        involvement by members of the community served by the program. 
           (b) This is a pilot project for Ramsey county, the city of 
        St. Paul, and other local law enforcement agencies along with 
        nonprofit community-based entities who may apply for a grant by 
        submitting an application to Ramsey county for a portion of the 
        state funding. 
           (c) The applicant nonprofit community-based entities must 
        specify the following in their applications: 
           (1) a description of each program for which funding is 
        sought; 
           (2) intended outcomes and performance indicators for the 
        program; 
           (3) a description of the planning process that identifies 
        local community needs, surveys existing programs, provides for 
        coordination with existing programs, and involves all affected 
        sectors of the community; 
           (4) the geographical area to be served by the program; and 
           (5) the culturally-specific group to be served. 
           Subd. 3.  [REPORT ON PILOT PROJECT.] Ramsey county shall 
        provide a summary of how the grant funds are spent and the 
        extent to which the objectives of the program are achieved.  The 
        summary is to be submitted to the chairs of the committees of 
        the senate and house of representatives with jurisdiction over 
        criminal justice policy and funding of crime prevention 
        programs, by March 1 each year, based on the information 
        provided by applicants under this section and the results of the 
        enforcement efforts of the joint police-probation officer teams. 
           Sec. 5.  [PILOT PROJECT FOR SCHOOL-BASED PROBATION IN 
        DAKOTA AND ANOKA COUNTIES.] 
           Subdivision 1.  [PILOT PROJECT ESTABLISHED.] By July 1, 
        1997, the commissioner of corrections shall establish 
        school-based probation pilot projects in Dakota and Anoka 
        counties. 
           Subd. 2.  [PROGRAM DESIGN AND IMPLEMENTATION.] Dakota and 
        Anoka counties shall each select one middle or junior high 
        school and one high school to participate in the school-based 
        probation pilot project.  Each county may select one additional 
        middle, junior high, or high school for a total of no more than 
        three schools in each county.  Each county shall select as 
        participating schools those schools which are able to provide 
        necessary support for the program, such as office space, access 
        to the building during nonschool hours, and a willingness to 
        develop alternative disciplinary responses.  Each school-based 
        probation program established shall contain a probation officer 
        located at the school who is available to help the school 
        address behavioral incidents in the school by probationers.  The 
        probation officer shall help in:  
           (1) conducting cognitive/behavioral group sessions along 
        with school personnel providing cofacilitation assistance; 
           (2) developing and administering alternatives to school 
        discipline actions such as suspension, which may include 
        mediation, community service, or home confinement; 
           (3) working more closely with the school and communicating 
        with and engaging the family's support of the juvenile's school 
        work and behavior; and 
           (4) referring and brokering with other schools' services to 
        align the probationer and the probationer's family with needed 
        services. 
           Subd. 3.  [DATA PRACTICES.] Data created, collected, used, 
        or maintained by school-based probation officers and school 
        officials participating in this pilot project are private data 
        on individuals as defined in Minnesota Statutes, section 13.02, 
        subdivision 12, and may be disseminated among personnel working 
        with the school-based probation project and as follows: 
           (1) pursuant to Minnesota Statutes, section 13.05; 
           (2) pursuant to a valid court order; 
           (3) pursuant to a statute specifically authorizing access 
        to the private data; 
           (4) as allowed in Code of Federal Regulations, title 34, 
        part 99; or 
           (5) within the participating school district or educational 
        entity as necessary to protect persons or property or to address 
        the educational and other needs of students. 
           Subd. 4.  [REPORT REQUIRED.] By January 15, 1999, the 
        commissioner of corrections shall report to the chairs of the 
        senate and house of representatives committees having 
        jurisdiction over criminal justice policy on the effectiveness 
        of the pilot project and any school-based probation programs 
        created under this section.  The report shall address the 
        effectiveness of the pilot project by measuring reduction in 
        school suspensions, improvement in grades, reduction of truant 
        behavior, reduction in number and severity of delinquent 
        behaviors, increase in number who return to school, and increase 
        in number who succeed in school. 
           Sec. 6.  [WORKING GROUP ON RESTITUTION.] 
           Subdivision 1.  [CREATION; DUTIES.] A working group is 
        created to study methods to improve the collection of 
        restitution and the enforcement of restitution orders for repeat 
        offenders.  The working group must consider the feasibility of: 
           (1) incarcerating offenders who have been convicted two or 
        more times of committing an offense for which restitution to a 
        victim, as defined in Minnesota Statutes, section 611A.01, or to 
        society is owed or should be paid, including but not limited to 
        violations of Minnesota Statutes, sections 169.121 (DWI) or 
        169.129 (aggravated DWI); 609.375 (nonpayment of child support); 
        609.52 (theft); 609.561 to 609.563 (arson); or 609.582 
        (burglary); 
           (2) requiring these inmates to work at a fair market wage; 
        and 
           (3) enabling inmates to first pay restitution to their 
        victims, after satisfying any outstanding or ongoing child 
        support or spousal maintenance obligations, and secondly, to pay 
        the operating costs of their confinement, including the costs of 
        any privileges, treatment, or services received by the inmates 
        in the facility. 
           Subd. 2.  [MEMBERSHIP.] The working group consists of the 
        following 14 members: 
           (1) the commissioner of corrections or the commissioner's 
        designee; 
           (2) two district court judges appointed by the chief 
        justice, one from the metropolitan area, and one from outside 
        the metropolitan area; 
           (3) the ombudsman for crime victims; 
           (4) the ombudsman for corrections; 
           (5) a representative of the Minnesota association of 
        community corrections act counties appointed by the president of 
        the association; 
           (6) a representative of the Minnesota association of county 
        probation officers appointed by the president of the 
        association; 
           (7) two members of the house of representatives appointed 
        by the speaker, and two members of the senate appointed by the 
        subcommittee on committees.  These appointments must be made in 
        a manner that ensures a fair representation of viewpoints on 
        business and labor issues; 
           (8) one crime victim appointed by the crime victim and 
        witness advisory council; 
           (9) one representative of the business community appointed 
        by the commissioner of corrections after consultation with the 
        Minnesota business partnership and the Minnesota chamber of 
        commerce; and 
           (10) one representative of labor unions appointed by the 
        commissioner of corrections after consultation with public and 
        private labor organizations from the affiliated membership of 
        the Minnesota AFL-CIO. 
           The commissioner of corrections or the commissioner's 
        designee shall chair and provide necessary staff support to the 
        working group. 
           Subd. 3.  [ADDITIONAL DUTIES.] (a) The working group shall 
        study the feasibility of and develop recommendations concerning 
        guidelines for sentencing courts to use when sentencing 
        offenders to incarceration and when ordering offenders to pay 
        restitution to crime victims or to the public. 
           (b) The working group shall investigate whether it would be 
        feasible for the state to enter into a long-term contract with 
        one or more business entities under which the business entity 
        would employ inmates at a fair market wage.  The commissioner of 
        corrections would ensure that inmates use the wages they earn to 
        pay restitution to their victims according to restitution 
        guidelines approved by the chairs of the house and senate 
        committees and divisions having jurisdiction over criminal 
        justice funding and policy, and to pay the costs of their 
        confinement.  Based on this investigation, the working group 
        shall make recommendations to the legislature by February 1, 
        1998, regarding the type of business entity or entities with 
        which the state could contract to operate an industry program. 
           (c) The working group shall examine current methods of 
        collecting restitution and determine whether there are better 
        ways of collecting restitution and enforcing restitution orders 
        within the current criminal justice system. 
           Sec. 7.  [PILOT PROGRAM; JUVENILE GUN OFFENDERS.] 
           A pilot program is established in Hennepin county for 
        juveniles who are found delinquent for illegally possessing a 
        pistol.  Under this pilot program, judges may order that these 
        juveniles be committed to a local county correctional facility 
        for not less than 30 days, and that 23 days of this commitment 
        be stayed on condition that the juvenile reside in a juvenile 
        correctional facility for at least seven days and successfully 
        complete a 40-hour course on gun education provided by the 
        facility.  The court must revoke the stay of commitment if the 
        juvenile fails to complete the gun education course.  The county 
        shall submit a report to the legislature by January 1, 1999, 
        evaluating the pilot program. 
           Sec. 8.  [HENNEPIN AND RAMSEY COUNTIES COMMUNITY SERVICE 
        GRANT PROGRAM PILOT PROJECTS.] 
           Subdivision 1.  [GRANT PROGRAM.] Hennepin and Ramsey 
        counties shall each establish and administer a pilot project 
        grant program to fund community-based programs in high-crime 
        areas that provide opportunities for children under age 16 to 
        volunteer for and perform community service.  Programs 
        qualifying for grants must encourage responsibility and good 
        citizenship on the part of participating children and discourage 
        them from engaging in illegal activities or associating with 
        criminal gangs.  Programs receiving grants may provide children 
        who perform community service with appropriate nonmonetary 
        rewards including, but not limited to, partial scholarships for 
        post-secondary education, gift certificates, tickets for 
        entertainment, parties, and group outings. 
           Subd. 2.  [ELIGIBILITY CRITERIA.] Hennepin and Ramsey 
        counties shall establish criteria for determining the 
        community-based programs eligible for grants under subdivision 
        1.  Eligible programs must: 
           (1) have a broad network of established economic and social 
        relationships within the community and with local governmental 
        units; 
           (2) represent a broad range of diversity; 
           (3) have demonstrated an ability to administer 
        community-based programs and have a history of successful 
        community organizing; 
           (4) have a proven history of properly supervising and 
        successfully interacting with juveniles; and 
           (5) have demonstrated an ability to work with parents of 
        juveniles and schools. 
           Sec. 9.  [FIREFIGHTER TRAINING STUDY COMMITTEE.] 
           Subdivision 1.  [MEMBERSHIP; CHAIR.] (a) The firefighter 
        training study committee consists of: 
           (1) two representatives of the Minnesota state fire chiefs 
        association, appointed by the president of the association; 
           (2) two representatives of the Minnesota professional 
        firefighters, appointed by the president of the organization; 
           (3) four representatives of the Minnesota state fire 
        department association, at least two of whom are volunteer 
        firefighters serving a city or area with a population under 
        10,000 outside the seven-county metropolitan area, appointed by 
        the president of the organization; 
           (4) two representatives of the league of Minnesota cities, 
        appointed by the president of the league; 
           (5) the director of the Minnesota state colleges and 
        universities FIRE/EMS center, or the director's designee; 
           (6) a public member, appointed by the governor; 
           (7) an employee of the department of labor and industry 
        whose responsibilities include fire-related occupational safety 
        and health activities, appointed by the commissioner of labor 
        and industry; 
           (8) the commissioner of public safety or the commissioner's 
        designee; 
           (9) two members of the house of representatives, one from 
        each caucus; one representing a district within the metropolitan 
        area as defined in Minnesota Statutes, section 473.121, 
        subdivision 2, and the other representing a district outside the 
        metropolitan area, appointed by the speaker; and 
           (10) two members of the senate, one from each caucus; one 
        representing a district within the metropolitan area as defined 
        in Minnesota Statutes, section 473.121, subdivision 2, and the 
        other representing a district outside the metropolitan area, 
        appointed by the subcommittee on committees of the committee on 
        rules and administration. 
           (b) The committee shall elect a chair from the members. 
           Subd. 2.  [ADMINISTRATIVE SUPPORT.] The commissioner of 
        public safety shall provide necessary administrative and staff 
        support to the committee. 
           Subd. 3.  [COMPENSATION.] Committee members who are not 
        public officials or employees are entitled to reimbursement for 
        expenses in accordance with Minnesota Statutes, section 15.059, 
        subdivision 6.  Legislative members are entitled to compensation 
        in accordance with rules of the house of representatives and the 
        senate. 
           Subd. 4.  [DUTIES.] (a) The committee shall: 
           (1) review findings and recommendations of the joint 
        advisory training committee formed by the Minnesota state fire 
        department association, the Minnesota state fire chiefs 
        association, and the Minnesota professional firefighters; 
           (2) conduct further study of firefighter training needs and 
        options; 
           (3) consider current funding for firefighter training, 
        determine any need for additional funding, and recommend 
        possible sources of the funding; 
           (4) consider the current delivery system for firefighter 
        training, including statewide coordinating of training, and any 
        needed improvements; 
           (5) consider the selection and evaluation of training 
        instructors and any needed improvements; 
           (6) study levels of service delivery and any need for 
        standardized training; 
           (7) consider federal and state laws and standards that 
        affect firefighter training; 
           (8) determine a fair system for reimbursing local 
        jurisdictions for training programs; and 
           (9) consider the need for centralized administrative 
        direction of training programs. 
           (b) The committee shall conduct at least three, but no more 
        than five, public meetings around the state to gather public 
        input relevant to paragraph (a).  Before submitting the report 
        required by subdivision 5, the committee shall prepare and 
        disseminate a draft report and seek public comment on it.  A 
        record of comment received must be kept and submitted along with 
        the report required by subdivision 5.  At least one-half of the 
        meetings must take place outside the seven-county metropolitan 
        area. 
           Subd. 5.  [REPORT.] The committee shall submit a report and 
        its recommendations to the chairs of the senate and house 
        committees or divisions having jurisdiction over criminal 
        justice policy and funding by February 1, 1998.  The report must 
        identify any changes in statutes required to implement the 
        committee's recommendations.  The committee expires upon 
        submission of the report. 
           Subd. 6.  [LOCAL COOPERATION.] Local government units shall 
        cooperate with the committee in the preparation of the report 
        required by subdivision 5. 
           Sec. 10.  [BOARD ON JUDICIAL STANDARDS; AWARD OF COSTS AND 
        ATTORNEY FEES.] 
           Subdivision 1.  [AWARD.] The board on judicial standards 
        may award reasonable costs and attorney fees to a judge if: 
           (1) a formal hearing under the Minnesota Rules of the Board 
        on Judicial Standards, rule 10, was held on the charges against 
        the judge; 
           (2) the findings and recommendations of the panel concluded 
        that the judge did not use the judicial office to advance a 
        personal or private goal and that the judge was acting on 
        matters of concern to the judge in the judge's official 
        capacity; 
           (3) the findings and recommendations of the panel concluded 
        that the case served a public purpose by increasing public 
        awareness of the judicial system and the problems with which it 
        is faced; and 
           (4) the board dismissed the charges and found that the 
        judge did not violate the rules of judicial conduct, judicial 
        standards, or professional conduct. 
           Subd. 2.  [APPLICATION.] A judge against whom charges have 
        previously been dismissed may apply to the board on judicial 
        standards for an award of costs and attorney fees under 
        subdivision 1. 
           Sec. 11.  [RESTORATIVE JUSTICE PROGRAMS.] 
           A local governmental unit may establish a restorative 
        justice program.  A restorative justice program is a program 
        that provides forums that may be an alternative to prosecution 
        where certain individuals charged with having committed a crime 
        meet with the victim; the victim's family members or other 
        supportive persons, if appropriate; the offender's family 
        members or other supportive persons, if appropriate; a law 
        enforcement official or prosecutor when appropriate; and members 
        of the community, in order to: 
           (1) discuss the impact of the offense on the victim and the 
        community; 
           (2) assign an appropriate sanction to the offender; and 
           (3) provide methods for reintegrating the offender into the 
        community when the offender is from the community. 
           Sec. 12.  [FAMILY VIOLENCE COORDINATING COUNCILS.] 
           Subdivision 1.  [ESTABLISHMENT; PURPOSE.] A judicial 
        district may establish a family violence coordinating council 
        for the purpose of promoting innovative efforts to deal with 
        family violence issues.  A coordinating council shall establish 
        and promote interdisciplinary programs and initiatives to 
        coordinate public and private legal and social services and law 
        enforcement, prosecutorial, and judicial activities. 
           Subd. 2.  [MEMBERSHIP.] The chief judge shall appoint the 
        members of a family violence coordinating council.  Members must 
        include representatives of the following groups: 
           (1) judges, court administrators, and probation 
        authorities; 
           (2) domestic abuse advocates and others who provide social 
        services to adult and child victims of domestic abuse and 
        perpetrators of domestic abuse; 
           (3) health care and mental health care providers; 
           (4) law enforcement and prosecutors; 
           (5) public defenders and legal aid; 
           (6) educators and child protection workers; and 
           (7) public officials and other public organizations. 
           Subd. 3.  [PLAN.] A family violence coordinating council 
        shall develop a plan for coordinating activities of its 
        membership relating to family violence issues and improving 
        activities and services, including: 
           (1) interdisciplinary training and systemic approaches to 
        family violence issues; 
           (2) identification of current weaknesses in the system and 
        areas where additional resources are needed, and ways to improve 
        those components; 
           (3) promoting public and private partnerships in the 
        delivery of services and the use of volunteer services; 
           (4) identification of differences in approaches and needs 
        in different demographic populations; 
           (5) developing protocols for investigation and prosecution 
        of domestic abuse, including issues related to victim 
        cooperation and interviewing and investigative techniques; 
           (6) coordination of city and county prosecutorial efforts, 
        including standards for referral of cases, coordinated 
        prosecutions, and cross-deputization of prosecutors; 
           (7) evaluation of dismissal, conviction, and sentencing 
        levels and practices and relationship to reported incidents of 
        domestic abuse, cases investigated and prosecuted, and severity 
        of abuse; and 
           (8) coordination of family, juvenile, and criminal court 
        proceedings involving family violence issues. 
           Subd. 4.  [EVALUATION.] A family violence coordinating 
        council shall develop a system for evaluating the effectiveness 
        of its initiatives and programs in improving the coordination of 
        activities and delivery of services and shall focus on 
        identifiable goals and outcomes.  An evaluation must include 
        data components as well as input from individuals involved in 
        family violence activities and services, victims, and 
        perpetrators. 
           Sec. 13.  [FOURTH JUDICIAL DISTRICT FAMILY VIOLENCE 
        COORDINATING COUNCIL PILOT PROGRAM.] 
           The commissioner of public safety shall make a grant to the 
        fourth judicial district for the planning of a family violence 
        coordinating council under section 12.  The grant may be made to 
        develop a plan and evaluation system under section 12, 
        subdivisions 3 and 4.  By July 1 of each year, the district 
        shall report on the activities of the council to the 
        commissioner.  By January 15, 2000, the commissioner shall 
        report to the chairs of the senate and house divisions having 
        jurisdiction over criminal justice funding on the pilot program, 
        including recommendations for legislation. 
                                   ARTICLE 3
                            GENERAL CRIME PROVISIONS
           Section 1.  Minnesota Statutes 1996, section 169.20, 
        subdivision 5, is amended to read: 
           Subd. 5.  [EMERGENCY VEHICLE.] (a) Upon the immediate 
        approach of an authorized emergency vehicle equipped with at 
        least one lighted lamp exhibiting red light visible under normal 
        atmospheric conditions from a distance of 500 feet to the front 
        of such vehicle and, except where otherwise not required by law, 
        when the driver is giving audible signal by siren, the driver of 
        each other vehicle shall yield the right-of-way and shall 
        immediately drive to a position parallel to and as close as 
        possible to the right-hand edge or curb of the highway clear of 
        any intersection, and shall stop and remain in this position 
        until the authorized emergency vehicle has passed, except when 
        otherwise directed by a police officer.  The driver of another 
        vehicle on a one-way roadway shall drive to the closest edge or 
        curb and stop.  The driver of an authorized emergency vehicle 
        escorting the movement of a vehicle or load which is oversize or 
        overweight need not sound an audible signal by siren but shall 
        exhibit the light required by this paragraph.  The driver of 
        each other vehicle then shall yield the right-of-way, as 
        required by this paragraph, to the emergency vehicle escorting 
        the vehicle or load which is oversize or overweight. 
           (b) Upon the approach of an authorized emergency vehicle 
        the driver of each street car and the operator of each trackless 
        trolley car shall immediately stop such car clear of any 
        intersection and keep it in this position and keep the doors and 
        gates of the street car or trackless trolley car closed until 
        the authorized emergency vehicle has passed, except when 
        otherwise directed by a police officer. 
           (c) A peace officer may arrest the driver of a motor 
        vehicle if the peace officer has probable cause to believe that 
        the driver has operated the vehicle in violation of paragraph 
        (a) within the four-hour period following the termination of the 
        emergency incident. 
           (d) This subdivision shall not operate to relieve the 
        driver of an authorized emergency vehicle from the duty to drive 
        with due regard for the safety of persons using the highways. 
           Sec. 2.  Minnesota Statutes 1996, section 169.797, 
        subdivision 3, is amended to read: 
           Subd. 3.  [VIOLATION BY DRIVER.] Any other person who 
        operates a vehicle upon a public highway, street, or road in 
        this state who knows or has reason to know that the owner does 
        not have security complying with the terms of section 65B.48 in 
        full force and effect is guilty of a crime and shall be 
        sentenced as provided in subdivision 4. 
           Sec. 3.  Minnesota Statutes 1996, section 388.23, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [AUTHORITY.] The county attorney, or any 
        deputy or assistant county attorney whom the county attorney 
        authorizes in writing, has the authority to subpoena and require 
        the production of any records of telephone companies, cellular 
        phone companies, paging companies, the names and addresses of 
        subscribers of private computer networks including Internet 
        service providers or computer bulletin board systems, electric 
        companies, gas companies, water utilities, chemical suppliers, 
        hotels and motels, pawn shops, airlines, buses, taxis, and other 
        entities engaged in the business of transporting people, and 
        freight companies, warehousing companies, self-service storage 
        facilities, package delivery companies, and other entities 
        engaged in the businesses of transport, storage, or delivery, 
        and records of the existence of safe deposit box account numbers 
        and customer savings and checking account numbers maintained by 
        financial institutions and safe deposit companies, insurance 
        records relating to the monetary payment or settlement of 
        claims, and wage and employment records of an applicant or 
        recipient of public assistance who is the subject of a welfare 
        fraud investigation relating to eligibility information for 
        public assistance programs.  Subpoenas may only be issued for 
        records that are relevant to an ongoing legitimate law 
        enforcement investigation.  Administrative subpoenas may only be 
        issued in welfare fraud cases if there is probable cause to 
        believe a crime has been committed.  This provision applies only 
        to the records of business entities and does not extend to 
        private individuals or their dwellings.  Subpoenas may only be 
        served by peace officers as defined by section 626.84, 
        subdivision 1, paragraph (c). 
           Sec. 4.  Minnesota Statutes 1996, section 609.101, 
        subdivision 5, is amended to read: 
           Subd. 5.  [WAIVER PROHIBITED; REDUCTION AND INSTALLMENT 
        PAYMENTS.] (a) The court may not waive payment of the minimum 
        fine, surcharge, or assessment required by this section.  The 
        court may reduce the amount of the minimum fine, surcharge, or 
        assessment 
           (b) If the defendant qualifies for the services of a public 
        defender or the court makes written findings finds on the record 
        that the convicted person is indigent or that immediate payment 
        of the fine, surcharge, or assessment would create undue 
        hardship for the convicted person or that person's immediate 
        family, the court may reduce the amount of the minimum fine to 
        not less than $50.  
           (c) The court also may authorize payment of the fine, 
        surcharge, or assessment in installments. 
           Sec. 5.  [609.113] [SENTENCE TO WORK PROGRAM FOR CERTAIN 
        OFFENDERS.] 
           Subdivision 1.  [MANDATORY SENTENCE.] (a) Except as 
        provided in paragraph (b), if a court stays the imposition or 
        execution of sentence under section 609.135 for an adult male 
        who is convicted of a first- or second-time nonviolent felony 
        offense, and who has never been previously convicted of or 
        adjudicated for committing an offense against the person, the 
        court, in addition to any other intermediate sanctions ordered 
        and as a condition of probation, shall order the person to 
        satisfactorily complete the work program for the period of time 
        specified in subdivision 4, paragraph (a). 
           If the work program is full at the time of sentencing, the 
        court may sentence the person to any sentence authorized in 
        section 609.10 or 609.135.  The court may sentence the person to 
        the program and require that the person be placed in the program 
        when an opening occurs. 
           (b) If the court determines, based on substantial and 
        compelling reasons, that a person described in paragraph (a) 
        would receive a more appropriate sanction and level of care 
        through an alternative disposition using local correctional 
        resources, the court may sentence the person to a disposition 
        not involving the work program notwithstanding paragraph (a).  
        This sentence must include a sanction of equivalent or greater 
        severity as the work program. 
           If a court sentences a person under this paragraph, the 
        court shall make written findings as to the reasons for not 
        using the work program.  The court shall forward these findings, 
        including the alternative sentence imposed, to the sentencing 
        guidelines commission. 
           Subd. 2.  [PERMISSIVE SENTENCE.] A court may sentence a 
        person who has never previously been convicted of or adjudicated 
        for committing an offense against the person to satisfactorily 
        complete the work program for a period of time authorized in 
        subdivision 4, paragraph (b), if the person: 
           (1) is convicted of a nonviolent felony offense other than 
        a first- or second-time nonviolent felony offense and the court 
        is staying the imposition or execution of sentence under section 
        609.135; or 
           (2) is convicted of a nonviolent gross misdemeanor offense. 
        This sentence may be in addition to any other sanctions ordered 
        by the court. 
           Subd. 3.  [OFFENDERS INELIGIBLE FOR PROGRAM.] A person is 
        ineligible to be sentenced to the work program if: 
           (1) the court determines that the person has a debilitating 
        chemical dependency or serious mental health problem; or 
           (2) the person has been convicted of a nonviolent felony or 
        gross misdemeanor offense after having initially been charged 
        with committing a crime against the person. 
           Subd. 4.  [LENGTH OF SENTENCE.] (a) If the court determines 
        that the offense is the person's first nonviolent felony 
        offense, the court shall sentence the person to the work program 
        for 60 days.  If the court determines that the offense is the 
        person's second nonviolent felony offense, the court shall 
        sentence the person to the work program for 90 days. 
           (b) The court may sentence a person described in 
        subdivision 2 as follows: 
           (1) if the person is convicted of a nonviolent felony 
        offense, the court may sentence the person to the work program 
        for up to 90 days; or 
           (2) if the person is convicted of a nonviolent gross 
        misdemeanor offense, the court may sentence the person to the 
        work program for up to 30 days. 
           (c) The person shall be placed in the work program as soon 
        as possible after the sentencing to ensure swift consequences 
        for the offense. 
           Subd. 5.  [REPORT.] By January 15, 1999, and each year 
        thereafter, the sentencing guidelines commission shall issue a 
        report to the chairs of the senate and house committees and 
        divisions having jurisdiction over criminal justice policy and 
        funding summarizing the information received from courts under 
        subdivision 1, paragraph (b). 
           Subd. 6.  [DEFINITIONS.] For purposes of this section, 
        "nonviolent felony offense" and "nonviolent gross misdemeanor 
        offense" do not include crimes against the person. 
           Sec. 6.  Minnesota Statutes 1996, section 609.125, is 
        amended to read: 
           609.125 [SENTENCE FOR MISDEMEANOR OR GROSS MISDEMEANOR.] 
           Upon conviction of a misdemeanor or gross misdemeanor the 
        court, if sentence is imposed, may, to the extent authorized by 
        law, sentence the defendant: 
           (1) to imprisonment for a definite term; or 
           (2) to payment of a fine, or to imprisonment for a 
        specified term if the fine is not paid; or 
           (3) to both imprisonment for a definite term and payment of 
        a fine; or 
           (4) to payment of court-ordered restitution in addition to 
        either imprisonment or payment of a fine, or both; or 
           (5) to payment of a local correctional fee as authorized 
        under section 609.102 in addition to any other sentence imposed 
        by the court; or 
           (6) to perform work service in a restorative justice 
        program in addition to any other sentence imposed by the court. 
           As used in this section, "restitution" includes: 
           (i) payment of compensation to the victim or the victim's 
        family; and 
           (ii) if the victim is deceased or already has been fully 
        compensated, payment of money to a victim assistance program or 
        other program directed by the court. 
           In controlled substance crime cases, "restitution" also 
        includes payment of compensation to a government entity that 
        incurs loss as a direct result of the controlled substance crime.
           Sec. 7.  Minnesota Statutes 1996, section 609.135, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [TERMS AND CONDITIONS.] (a) Except when a 
        sentence of life imprisonment is required by law, or when a 
        mandatory minimum sentence is required by section 609.11, any 
        court may stay imposition or execution of sentence and: 
           (a) (1) may order intermediate sanctions without placing 
        the defendant on probation,; or 
           (b) (2) may place the defendant on probation with or 
        without supervision and on the terms the court prescribes, 
        including intermediate sanctions when practicable.  The court 
        may order the supervision to be under the probation officer of 
        the court, or, if there is none and the conviction is for a 
        felony or gross misdemeanor, by the commissioner of corrections, 
        or in any case by some other suitable and consenting person.  No 
        intermediate sanction may be ordered performed at a location 
        that fails to observe applicable requirements or standards of 
        chapter 181A or 182, or any rule promulgated under them.  
           (b) For purposes of this subdivision, subdivision 6, and 
        section 609.14, the term "intermediate sanctions" includes but 
        is not limited to incarceration in a local jail or workhouse, 
        home detention, electronic monitoring, intensive probation, 
        sentencing to service, reporting to a day reporting center, 
        chemical dependency or mental health treatment or counseling, 
        restitution, fines, day-fines, community work service, work 
        service in a restorative justice program, work in lieu of or to 
        work off fines and, with the victim's consent, work in lieu of 
        or to work off restitution.  
           (c) A court may not stay the revocation of the driver's 
        license of a person convicted of violating the provisions of 
        section 169.121. 
           Sec. 8.  Minnesota Statutes 1996, section 609.15, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CONCURRENT, CONSECUTIVE SENTENCES; 
        SPECIFICATION REQUIREMENT.] (a) When separate sentences of 
        imprisonment are imposed on a defendant for two or more crimes, 
        whether charged in a single indictment or information or 
        separately, or when a person who is under sentence of 
        imprisonment in this state is being sentenced to imprisonment 
        for another crime committed prior to or while subject to such 
        former sentence, the court in the later sentences shall specify 
        whether the sentences shall run concurrently or consecutively.  
        If the court does not so specify, the sentences shall run 
        concurrently.  
           (b) When a court imposes sentence for a misdemeanor or 
        gross misdemeanor offense and specifies that the sentence shall 
        run consecutively to any other sentence, the court may order the 
        defendant to serve time in custody for the consecutive sentence 
        in addition to any time in custody the defendant may be serving 
        for any other offense, including probationary jail time or 
        imprisonment for any felony offense. 
           Sec. 9.  [609.153] [INCREASED PENALTIES FOR CERTAIN 
        MISDEMEANORS.] 
           Subdivision 1.  [APPLICATION.] This section applies to the 
        following misdemeanor-level crimes:  sections 609.324 
        (prostitution); 609.546 (motor vehicle tampering); 609.595 
        (damage to property); and 609.66 (dangerous weapons); and 
        violations of local ordinances prohibiting the unlawful sale or 
        possession of controlled substances. 
           Subd. 2.  [CUSTODIAL ARREST.] Notwithstanding Rule 6.01 of 
        the Rules of Criminal Procedure, a peace officer acting without 
        a warrant who has decided to proceed with the prosecution of a 
        person for committing a crime described in subdivision 1, may 
        arrest and take the person into custody if the officer has 
        reason to believe the person has a prior conviction for any 
        crime described in subdivision 1. 
           Subd. 3.  [INCREASED PENALTY.] Notwithstanding the 
        statutory maximum penalty otherwise applicable to the offense, a 
        person who commits a misdemeanor-level crime described in 
        subdivision 1 is guilty of a gross misdemeanor if the court 
        determines at the time of sentencing that the person has two or 
        more prior convictions in this or any other state for any of the 
        crimes described in subdivision 1. 
           Subd. 4.  [NOTICE TO COMPLAINING WITNESS.] A prosecuting 
        authority who is responsible for filing charges against or 
        prosecuting a person arrested under the circumstances described 
        in subdivision 2 shall make reasonable efforts to notify the 
        complaining witness of the final outcome of the criminal 
        proceeding that resulted from the arrest including, where 
        appropriate, the decision to dismiss or not file charges against 
        the arrested person. 
           Sec. 10.  Minnesota Statutes 1996, section 609.221, is 
        amended to read: 
           609.221 [ASSAULT IN THE FIRST DEGREE.] 
           Subdivision 1.  [GREAT BODILY HARM.] Whoever assaults 
        another and inflicts great bodily harm may be sentenced to 
        imprisonment for not more than 20 years or to payment of a fine 
        of not more than $30,000, or both.  
           Subd. 2.  [USE OF DEADLY FORCE AGAINST PEACE OFFICER OR 
        CORRECTIONAL EMPLOYEE.] (a) Whoever assaults a peace officer or 
        correctional employee by using or attempting to use deadly force 
        against the officer or employee while the officer or employee is 
        engaged in the performance of a duty imposed by law, policy, or 
        rule, may be sentenced to imprisonment for not more than 20 
        years or to payment of a fine of not more than $30,000, or both. 
           (b) A person convicted of assaulting a peace officer or 
        correctional employee as described in paragraph (a) shall be 
        committed to the commissioner of corrections for not less than 
        ten years, nor more than 20 years.  A defendant convicted and 
        sentenced as required by this paragraph is not eligible for 
        probation, parole, discharge, work release, or supervised 
        release, until that person has served the full term of 
        imprisonment as provided by law, notwithstanding the provisions 
        of sections 241.26, 242.19, 243.05, 244.04, 609.12, and 
        609.135.  Notwithstanding section 609.135, the court may not 
        stay the imposition or execution of this sentence. 
           (c) As used in this subdivision: 
           (1) "correctional employee" means an employee of a public 
        or private prison, jail, or workhouse; 
           (2) "deadly force" has the meaning given in section 
        609.066, subdivision 1; and 
           (3) "peace officer" has the meaning given in section 
        626.84, subdivision 1.  
           Sec. 11.  Minnesota Statutes 1996, section 609.2245, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PERMITTED ACTIVITIES.] A surgical procedure is 
        not a violation of subdivision 1 if the procedure: 
           (1) is necessary to the health of the person on whom it is 
        performed and is performed by:  (i) a physician licensed under 
        chapter 147 or; (ii) a physician in training under the 
        supervision of a licensed physician; or (iii) a certified nurse 
        midwife practicing within the nurse midwife's legal scope of 
        practice; or 
           (2) is performed on a person who is in labor or who has 
        just given birth and is performed for medical purposes connected 
        with that labor or birth:  (i) by a physician licensed under 
        chapter 147 or; (ii) a physician in training under the 
        supervision of a licensed physician; or (iii) a certified nurse 
        midwife practicing within the nurse midwife's legal scope of 
        practice. 
           Sec. 12.  [609.2336] [DECEPTIVE OR UNFAIR TRADE PRACTICES; 
        ELDERLY OR HANDICAPPED VICTIMS.] 
           Subdivision 1.  [DEFINITIONS.] As used in this section: 
           (1) "charitable solicitation law violation" means a 
        violation of sections 309.50 to 309.61; 
           (2) "consumer fraud law violation" means a violation of 
        sections 325F.68 to 325F.70; 
           (3) "deceptive trade practices law violation" means a 
        violation of sections 325D.43 to 325D.48; 
           (4) "false advertising law violation" means a violation of 
        section 325F.67; 
           (5) "handicapped person" means a person who has an 
        impairment of physical or mental function or emotional status 
        that substantially limits one or more major life activities; 
           (6) "major life activities" means functions such as caring 
        for oneself, performing manual tasks, walking, seeing, hearing, 
        speaking, breathing, learning, and working; and 
           (7) "senior citizen" means a person who is 65 years of age 
        or older. 
           Subd. 2.  [CRIME.] It is a gross misdemeanor for any person 
        to commit a charitable solicitation law violation, a consumer 
        fraud law violation, a deceptive trade practices law violation, 
        or a false advertising law violation if the person knows or has 
        reason to know that the person's conduct: 
           (1) is directed at one or more handicapped persons or 
        senior citizens; and 
           (2) will cause or is likely to cause a handicapped person 
        or a senior citizen to suffer loss or encumbrance of a primary 
        residence, principal employment or other major source of income, 
        substantial loss of property set aside for retirement or for 
        personal or family care and maintenance, substantial loss of 
        pension, retirement plan, or government benefits, or substantial 
        loss of other assets essential to the victim's health or welfare.
           Subd. 3.  [PROSECUTORIAL JURISDICTION.] The attorney 
        general has statewide jurisdiction to prosecute violations of 
        this section.  This jurisdiction is concurrent with that of the 
        local prosecuting authority responsible for prosecuting gross 
        misdemeanors in the place where the violation was committed. 
           Sec. 13.  Minnesota Statutes 1996, section 609.487, 
        subdivision 3, is amended to read: 
           Subd. 3.  [FLEEING AN OFFICER.] Whoever by means of a motor 
        vehicle flees or attempts to flee a peace officer who is acting 
        in the lawful discharge of an official duty, and the perpetrator 
        knows or should reasonably know the same to be a peace 
        officer, may be sentenced to imprisonment for not more than one 
        year or to payment of a fine of not more than $3,000, or both.  
        Whoever violates this subdivision a second or subsequent time is 
        guilty of a felony and may be sentenced to imprisonment for not 
        more than one year three years and one day or to payment of a 
        fine of not more than $3,000 $5,000, or both. 
           Sec. 14.  Minnesota Statutes 1996, section 609.495, 
        subdivision 1, is amended to read: 
           Subdivision 1.  (a) Whoever harbors, conceals, or aids 
        another known by the actor to have committed a felony under the 
        laws of this or another state or of the United States with 
        intent that such offender shall avoid or escape from arrest, 
        trial, conviction, or punishment, may be sentenced to 
        imprisonment for not more than three years or to payment of a 
        fine of not more than $5,000, or both.  
           (b) Whoever knowingly harbors, conceals, or aids a person 
        who is on probation, parole, or supervised release because of a 
        felony level conviction and for whom an arrest and detention 
        order has been issued, with intent that the person evade or 
        escape being taken into custody under the order, may be 
        sentenced to imprisonment for not more than three years or to 
        payment of a fine of not more than $5,000, or both.  As used in 
        this paragraph, "arrest and detention order" means a written 
        order to take and detain a probationer, parolee, or supervised 
        releasee that is issued under section 243.05, subdivision 1; 
        260.311, subdivision 3a; or 401.02, subdivision 4. 
           Sec. 15.  Minnesota Statutes 1996, section 609.498, is 
        amended by adding a subdivision to read: 
           Subd. 1b.  [AGGRAVATED FIRST-DEGREE WITNESS TAMPERING.] (a) 
        A person is guilty of aggravated first-degree witness tampering 
        if the person causes or, by means of an implicit or explicit 
        credible threat, threatens to cause great bodily harm or death 
        to another in the course of committing any of the following acts 
        intentionally: 
           (1) preventing or dissuading or attempting to prevent or 
        dissuade a person who is or may become a witness from attending 
        or testifying at any criminal trial or proceeding; 
           (2) coercing or attempting to coerce a person who is or may 
        become a witness to testify falsely at any criminal trial or 
        proceeding; 
           (3) retaliating against a person who was summoned as a 
        witness at any criminal trial or proceeding within a year 
        following that trial or proceeding or within a year following 
        the actor's release from incarceration, whichever is later; 
           (4) preventing or dissuading or attempting to prevent or 
        dissuade a person from providing information to law enforcement 
        authorities concerning a crime; 
           (5) coercing or attempting to coerce a person to provide 
        false information concerning a crime to law enforcement 
        authorities; or 
           (6) retaliating against any person who has provided 
        information to law enforcement authorities concerning a crime 
        within a year of that person providing the information or within 
        a year of the actor's release from incarceration, whichever is 
        later. 
           (b) A person convicted of committing any act prohibited by 
        paragraph (a) may be sentenced to imprisonment for not more than 
        20 years or to payment of a fine of not more than $30,000, or 
        both. 
           Sec. 16.  Minnesota Statutes 1996, section 609.498, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [NO BAR TO CONVICTION.] Notwithstanding sections 
        609.035 or 609.04, a prosecution for or conviction of the crime 
        of aggravated first-degree witness tampering is not a bar to 
        conviction of or punishment for any other crime. 
           Sec. 17.  Minnesota Statutes 1996, section 609.52, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ACTS CONSTITUTING THEFT.] Whoever does any of 
        the following commits theft and may be sentenced as provided in 
        subdivision 3: 
           (1) intentionally and without claim of right takes, uses, 
        transfers, conceals or retains possession of movable property of 
        another without the other's consent and with intent to deprive 
        the owner permanently of possession of the property; or 
           (2) having a legal interest in movable property, 
        intentionally and without consent, takes the property out of the 
        possession of a pledgee or other person having a superior right 
        of possession, with intent thereby to deprive the pledgee or 
        other person permanently of the possession of the property; or 
           (3) obtains for the actor or another the possession, 
        custody, or title to property of or performance of services by a 
        third person by intentionally deceiving the third person with a 
        false representation which is known to be false, made with 
        intent to defraud, and which does defraud the person to whom it 
        is made.  "False representation" includes without limitation: 
           (a) (i) the issuance of a check, draft, or order for the 
        payment of money, except a forged check as defined in section 
        609.631, or the delivery of property knowing that the actor is 
        not entitled to draw upon the drawee therefor or to order the 
        payment or delivery thereof; or 
           (b) (ii) a promise made with intent not to perform.  
        Failure to perform is not evidence of intent not to perform 
        unless corroborated by other substantial evidence; or 
           (c) (iii) the preparation or filing of a claim for 
        reimbursement, a rate application, or a cost report used to 
        establish a rate or claim for payment for medical care provided 
        to a recipient of medical assistance under chapter 256B, which 
        intentionally and falsely states the costs of or actual services 
        provided by a vendor of medical care; or 
           (d) (iv) the preparation or filing of a claim for 
        reimbursement for providing treatment or supplies required to be 
        furnished to an employee under section 176.135 which 
        intentionally and falsely states the costs of or actual 
        treatment or supplies provided; or 
           (e) (v) the preparation or filing of a claim for 
        reimbursement for providing treatment or supplies required to be 
        furnished to an employee under section 176.135 for treatment or 
        supplies that the provider knew were medically unnecessary, 
        inappropriate, or excessive; or 
           (4) by swindling, whether by artifice, trick, device, or 
        any other means, obtains property or services from another 
        person; or 
           (5) intentionally commits any of the acts listed in this 
        subdivision but with intent to exercise temporary control only 
        and: 
           (a) (i) the control exercised manifests an indifference to 
        the rights of the owner or the restoration of the property to 
        the owner; or 
           (b) (ii) the actor pledges or otherwise attempts to subject 
        the property to an adverse claim; or 
           (c) (iii) the actor intends to restore the property only on 
        condition that the owner pay a reward or buy back or make other 
        compensation; or 
           (6) finds lost property and, knowing or having reasonable 
        means of ascertaining the true owner, appropriates it to the 
        finder's own use or to that of another not entitled thereto 
        without first having made reasonable effort to find the owner 
        and offer and surrender the property to the owner; or 
           (7) intentionally obtains property or services, offered 
        upon the deposit of a sum of money or tokens in a coin or token 
        operated machine or other receptacle, without making the 
        required deposit or otherwise obtaining the consent of the 
        owner; or 
           (8) intentionally and without claim of right converts any 
        article representing a trade secret, knowing it to be such, to 
        the actor's own use or that of another person or makes a copy of 
        an article representing a trade secret, knowing it to be such, 
        and intentionally and without claim of right converts the same 
        to the actor's own use or that of another person.  It shall be a 
        complete defense to any prosecution under this clause for the 
        defendant to show that information comprising the trade secret 
        was rightfully known or available to the defendant from a source 
        other than the owner of the trade secret; or 
           (9) leases or rents personal property under a written 
        instrument and who with intent to place the property beyond the 
        control of the lessor conceals or aids or abets the concealment 
        of the property or any part thereof, or any lessee of the 
        property who sells, conveys, or encumbers the property or any 
        part thereof without the written consent of the lessor, without 
        informing the person to whom the lessee sells, conveys, or 
        encumbers that the same is subject to such lease and with intent 
        to deprive the lessor of possession thereof.  Evidence that a 
        lessee used a false or fictitious name or address in obtaining 
        the property or fails or refuses to return the property to 
        lessor within five days after written demand for the return has 
        been served personally in the manner provided for service of 
        process of a civil action or sent by certified mail to the last 
        known address of the lessee, whichever shall occur later, shall 
        be evidence of intent to violate this clause.  Service by 
        certified mail shall be deemed to be complete upon deposit in 
        the United States mail of such demand, postpaid and addressed to 
        the person at the address for the person set forth in the lease 
        or rental agreement, or, in the absence of the address, to the 
        person's last known place of residence; or 
           (10) alters, removes, or obliterates numbers or symbols 
        placed on movable property for purpose of identification by the 
        owner or person who has legal custody or right to possession 
        thereof with the intent to prevent identification, if the person 
        who alters, removes, or obliterates the numbers or symbols is 
        not the owner and does not have the permission of the owner to 
        make the alteration, removal, or obliteration; or 
           (11) with the intent to prevent the identification of 
        property involved, so as to deprive the rightful owner of 
        possession thereof, alters or removes any permanent serial 
        number, permanent distinguishing number or manufacturer's 
        identification number on personal property or possesses, sells 
        or buys any personal property knowing or having reason to know 
        that the permanent serial number, permanent distinguishing 
        number or manufacturer's identification number has been removed 
        or altered; or 
           (12) intentionally deprives another of a lawful charge for 
        cable television service by: 
           (i) making or using or attempting to make or use an 
        unauthorized external connection outside the individual dwelling 
        unit whether physical, electrical, acoustical, inductive, or 
        other connection, or by 
           (ii) attaching any unauthorized device to any cable, wire, 
        microwave, or other component of a licensed cable communications 
        system as defined in chapter 238.  Nothing herein shall be 
        construed to prohibit the electronic video rerecording of 
        program material transmitted on the cable communications system 
        by a subscriber for fair use as defined by Public Law Number 
        94-553, section 107; or 
           (13) except as provided in paragraphs (12) and (14), 
        obtains the services of another with the intention of receiving 
        those services without making the agreed or reasonably expected 
        payment of money or other consideration; or 
           (14) intentionally deprives another of a lawful charge for 
        telecommunications service by:  
           (i) making, using, or attempting to make or use an 
        unauthorized connection whether physical, electrical, by wire, 
        microwave, radio, or other means to a component of a local 
        telecommunication system as provided in chapter 237; or 
           (ii) attaching an unauthorized device to a cable, wire, 
        microwave, radio, or other component of a local 
        telecommunication system as provided in chapter 237.  
           The existence of an unauthorized connection is prima facie 
        evidence that the occupier of the premises:  
           (i) made or was aware of the connection; and 
           (ii) was aware that the connection was unauthorized; or 
           (15) with intent to defraud, diverts corporate property 
        other than in accordance with general business purposes or for 
        purposes other than those specified in the corporation's 
        articles of incorporation; or 
           (16) with intent to defraud, authorizes or causes a 
        corporation to make a distribution in violation of section 
        302A.551, or any other state law in conformity with it; or 
           (17) intentionally takes or drives a motor vehicle without 
        the consent of the owner or an authorized agent of the owner, 
        knowing or having reason to know that the owner or an authorized 
        agent of the owner did not give consent. 
           Sec. 18.  Minnesota Statutes 1996, section 609.684, 
        subdivision 4, is amended to read: 
           Subd. 4.  [NOTICE REQUIRED.] (a) A business establishment 
        that offers for sale at retail any toxic substance must display 
        a conspicuous sign that contains the following, or substantially 
        similar, language: 
                                    "NOTICE
        It is unlawful for a person to sell glue, cement, or aerosol 
        paint containing intoxicating substances, to a person under 18 
        years of age, except as provided by law.  This offense is a 
        misdemeanor.  It is also a misdemeanor for a person to use or 
        possess glue, cement, aerosol paint, with the intent of inducing 
        intoxication, excitement, or stupefaction of the central nervous 
        system.  This use can be harmful or fatal." 
           (b) A business establishment may omit from the required 
        notice references to any toxic substance that is not offered for 
        sale by that business establishment. 
           (c) A business establishment that does not sell any toxic 
        substance listed in subdivision 1 other than butane or butane 
        lighters shall post a sign stating that it is illegal to sell 
        butane or butane lighters to anyone under the age of 18.  This 
        sign shall fulfill the requirements under this subdivision is 
        not required to post a notice under paragraph (a). 
           Sec. 19.  Minnesota Statutes 1996, section 609.78, is 
        amended to read: 
           609.78 [EMERGENCY TELEPHONE CALLS AND COMMUNICATIONS.] 
           Subdivision 1.  [MISDEMEANOR OFFENSES.] Whoever does the 
        following is guilty of a misdemeanor: 
           (1) Refuses to relinquish immediately a coin-operated 
        telephone or a telephone line consisting of two or more stations 
        when informed that the line is needed to make an emergency call 
        for medical or ambulance service or for assistance from a police 
        or fire department or for other service needed in an emergency 
        to avoid serious harm to person or property, and an emergency 
        exists; 
           (2) Secures a relinquishment of a coin-operated telephone 
        or a telephone line consisting of two or more stations by 
        falsely stating that the line is needed for an emergency; 
           (3) Publishes telephone directories to be used for 
        telephones or telephone lines and the directories do not contain 
        a copy of this section; 
           (4) Makes an emergency call for medical or ambulance 
        service, knowing that no medical emergency exists; or 
           (5) Interrupts, disrupts, impedes, or otherwise interferes 
        with the transmission of a citizen's band radio channel 
        communication the purpose of which is to inform or inquire about 
        a medical emergency or an emergency in which property is or is 
        reasonably believed to be in imminent danger of damage or 
        destruction. 
           Subd. 2.  [INTERFERENCE WITH A 911 CALL; GROSS MISDEMEANOR 
        OFFENSE.] A person who intentionally interrupts, disrupts, 
        impedes, or otherwise interferes with a 911 call or who prevents 
        or hinders another from placing a 911 call, and whose conduct 
        does not result in a violation of section 609.498, is guilty of 
        a gross misdemeanor and may be sentenced to imprisonment for not 
        more than one year or to payment of a fine of not more than 
        $3,000, or both. 
           Sec. 20.  Minnesota Statutes 1996, section 609.902, 
        subdivision 4, is amended to read: 
           Subd. 4.  [CRIMINAL ACT.] "Criminal act" means conduct 
        constituting, or a conspiracy or attempt to commit, a felony 
        violation of chapter 152, or a felony violation of section 
        297D.09; 299F.79; 299F.80; 299F.82; 609.185; 609.19; 609.195; 
        609.20; 609.205; 609.221; 609.222; 609.223; 609.2231; 609.228; 
        609.235; 609.245; 609.25; 609.27; 609.322; 609.323; 609.342; 
        609.343; 609.344; 609.345; 609.42; 609.48; 609.485; 609.495; 
        609.496; 609.497; 609.498; 609.52, subdivision 2, if the offense 
        is punishable under subdivision 3, clause (3)(b) or clause 
        3(d)(v) or (vi); section 609.52, subdivision 2, clause (4); 
        609.53; 609.561; 609.562; 609.582, subdivision 1 or 2; 609.668, 
        subdivision 6, paragraph (a); 609.67; 609.687; 609.713; 609.86; 
        609.894, subdivision 3 or 4; 624.713; or 624.74; or 626A.02, 
        subdivision 1, if the offense is punishable under section 
        626A.02, subdivision 4, paragraph (a).  "Criminal act" also 
        includes conduct constituting, or a conspiracy or attempt to 
        commit, a felony violation of section 609.52, subdivision 2, 
        clause (3), (4), (15), or (16), if the violation involves an 
        insurance company as defined in section 60A.02, subdivision 4, a 
        nonprofit health service plan corporation regulated under 
        chapter 62C, a health maintenance organization regulated under 
        chapter 62D, or a fraternal benefit society regulated under 
        chapter 64B. 
           Sec. 21.  Minnesota Statutes 1996, section 631.07, is 
        amended to read: 
           631.07 [ORDER OF FINAL ARGUMENT.] 
           When the giving of evidence is concluded in a criminal 
        trial, unless the case is submitted on both sides without 
        argument, the prosecution may make a closing argument to the 
        jury.  The defense may then make its closing argument to the 
        jury.  On the motion of the prosecution, The court may shall 
        permit the prosecution to reply in rebuttal if the court 
        determines that the defense has made in its closing argument a, 
        which shall be limited to a response to any misstatement of law 
        or fact or a statement that is inflammatory or prejudicial made 
        by the defense in its closing argument.  The rebuttal must be 
        limited to a direct response to the misstatement of law or fact 
        or the inflammatory or prejudicial statement. 
           Sec. 22.  [RULE SUPERSEDED.] 
           Minnesota Rules of Criminal Procedure, rule 26.03, 
        subdivision 11, is superseded to the extent it conflicts with 
        Minnesota Statutes, section 631.07. 
           Sec. 23.  [REPORT.] 
           By January 15, 1999, and each year thereafter, the supreme 
        court is requested to report to the chairs of the senate and 
        house committees having jurisdiction over criminal justice 
        policy on prosecutorial rebuttals under Minnesota Statutes, 
        section 631.07.  The report must contain information on: 
           (1) the number of rebuttals requested by prosecutors; 
           (2) the number of rebuttals permitted by courts; and 
           (3) the circumstances involving instances in which 
        rebuttals were not permitted. 
           Sec. 24.  [COST OF CRIME STUDY.] 
           The legislative audit commission is requested to direct the 
        legislative auditor to conduct a study of the costs that 
        criminal activity places on the state and local communities.  
        The study shall include not only the direct costs to state and 
        local governments of responding to, prosecuting, and punishing 
        criminal offenders, but also the indirect economic and social 
        costs that criminal activity places on local communities and 
        their residents. 
           If the commission directs the auditor to conduct this 
        study, the auditor shall report findings to the chairs of the 
        senate crime prevention and house judiciary committees by 
        February 15, 1998. 
           Sec. 25.  [REPEALER.] 
           Minnesota Statutes 1996, sections 119A.30; 145.406; 244.09, 
        subdivision 11a; and 609.684, subdivision 2, are repealed. 
           Sec. 26.  [EFFECTIVE DATE.] 
           Sections 1 to 20, and 25 are effective August 1, 1997, and 
        apply to crimes committed on or after that date.  Sections 21 to 
        23 are effective August 1, 1997, and apply to proceedings 
        conducted on or after that date.  Section 24 is effective July 
        1, 1997. 
                                   ARTICLE 4 
                             CONTROLLED SUBSTANCES
           Section 1.  Minnesota Statutes 1996, section 152.01, 
        subdivision 18, is amended to read: 
           Subd. 18.  [DRUG PARAPHERNALIA.] (a) Except as otherwise 
        provided in paragraph (b), "drug paraphernalia" means all 
        equipment, products, and materials of any kind, except those 
        items used in conjunction with permitted uses of controlled 
        substances under this chapter or the Uniform Controlled 
        Substances Act, which are knowingly or intentionally used 
        primarily in (1) manufacturing a controlled substance, (2) 
        injecting, ingesting, inhaling, or otherwise introducing into 
        the human body a controlled substance, (3) testing the strength, 
        effectiveness, or purity of a controlled substance, or (4) 
        enhancing the effect of a controlled substance.  
           (b) "Drug paraphernalia" does not include the possession, 
        manufacture, delivery, or sale of hypodermic needles or syringes 
        in accordance with section 151.40, subdivision 2. 
           Sec. 2.  Minnesota Statutes 1996, section 152.01, is 
        amended by adding a subdivision to read: 
           Subd. 22.  [DRUG TREATMENT FACILITY.] "Drug treatment 
        facility" means any facility in which a residential 
        rehabilitation program licensed under Minnesota Rules, parts 
        9530.4100 to 9530.4450, is located, and includes any property 
        owned, leased, or controlled by the facility. 
           Sec. 3.  Minnesota Statutes 1996, section 152.02, 
        subdivision 2, is amended to read: 
           Subd. 2.  The following items are listed in Schedule I: 
           (1) Any of the following substances, including their 
        isomers, esters, ethers, salts, and salts of isomers, esters, 
        and ethers, unless specifically excepted, whenever the existence 
        of such isomers, esters, ethers and salts is possible within the 
        specific chemical designation: Acetylmethadol; Allylprodine; 
        Alphacetylmethadol; Alphameprodine; Alphamethadol; Benzethidine; 
        Betacetylmethadol; Betameprodine; Betamethadol; Betaprodine; 
        Clonitazene; Dextromoramide; Dextrorphan; Diampromide; 
        Diethyliambutene; Dimenoxadol; Dimepheptanol; Dimethyliambutene; 
        Dioxaphetyl butyrate; Dipipanone; Ethylmethylthiambutene; 
        Etonitazene; Etoxeridine; Furethidine; Hydroxypethidine; 
        Ketobemidone; Levomoramide; Levophenacylmorphan; Morpheridine; 
        Noracymethadol; Norlevorphanol; Normethadone; Norpipanone; 
        Phenadoxone; Phenampromide; Phenomorphan; Phenoperidine; 
        Piritramide; Proheptazine; Properidine; Racemoramide; 
        Trimeperidine.  
           (2) Any of the following opium derivatives, their salts, 
        isomers and salts of isomers, unless specifically excepted, 
        whenever the existence of such salts, isomers and salts of 
        isomers is possible within the specific chemical designation:  
        Acetorphine; Acetyldihydrocodeine; Acetylcodone; Benzylmorphine; 
        Codeine methylbromide; Codeine-N-Oxide; Cyprenorphine; 
        Desomorphine; Dihydromorphine; Etorphine; Heroin; 
        Hydromorphinol; Methyldesorphine; Methylhydromorphine; Morphine 
        methylbromide; Morphine methylsulfonate; Morphine-N-Oxide; 
        Myrophine; Nicocodeine; Nicomorphine; Normorphine; Pholcodine; 
        Thebacon.  
           (3) Any material, compound, mixture or preparation which 
        contains any quantity of the following hallucinogenic 
        substances, their salts, isomers and salts of isomers, unless 
        specifically excepted, whenever the existence of such salts, 
        isomers, and salts of isomers is possible within the specific 
        chemical designation: 3,4-methylenedioxy amphetamine; 
        4-bromo-2.5-dimethoxyamphetamine; 2.5-dimethoxyamphetamine; 
        4-methoxyamphetamine; 5-methoxy-3, 4-methylenedioxy amphetamine; 
        Bufotenine; Diethyltryptamine; Dimethyltryptamine; 
        3,4,5-trimethoxy amphetamine; 4-methyl-2, 
        5-dimethoxyamphetamine; Ibogaine; Lysergic acid diethylamide; 
        marijuana; Mescaline; N-ethyl-3-piperidyl benzilate; 
        N-methyl-3-piperidyl benzilate; Psilocybin; Psilocyn; 
        Tetrahydrocannabinols; 1-(1-(2-thienyl) cyclohexyl) piperidine; 
        n-ethyl-1-phenyl-cyclohexylamine; 1-(1-phenylcyclohexyl) 
        pyrrolidine.  
           (4) Peyote, providing the listing of peyote as a controlled 
        substance in schedule I does not apply to the nondrug use of 
        peyote in bona fide religious ceremonies of the American Indian 
        Church, and members of the American Indian Church are exempt 
        from registration.  Any person who manufactures peyote for or 
        distributes peyote to the American Indian Church, however, is 
        required to obtain federal registration annually and to comply 
        with all other requirements of law.  
           (5) Unless specifically excepted or unless listed in 
        another schedule, any material compound, mixture, or preparation 
        which contains any quantity of the following substances having a 
        depressant effect on the central nervous system, including its 
        salts, isomers, and salts of isomers whenever the existence of 
        such salts, isomers, and salts of isomers is possible within the 
        specific chemical designation:  
           Mecloqualone; 
           Flunitrazepam. 
           (6) Unless specifically excepted or unless listed in 
        another schedule, any material compound, mixture, or preparation 
        which contains any quantity of the following substances having a 
        stimulant effect on the central nervous system, including its 
        salts, isomers, and salts of isomers whenever the existence of 
        such salts, isomers, and salts of isomers is possible within the 
        specific chemical designation: 
        Cathinone; 
        Methcathinone. 
           Sec. 4.  Minnesota Statutes 1996, section 152.02, 
        subdivision 5, is amended to read: 
           Subd. 5.  (a) The following items are listed in Schedule IV:
        Anabolic substances; Barbital; Butorphanol; Carisoprodol; 
        Chloral betaine; Chloral hydrate; Chlordiazepoxide; Clonazepam; 
        Clorazepate; Diazepam; Diethylpropion; Ethchlorvynol; 
        Ethinamate; Fenfluramine; Flurazepam; Mebutamate; Methohexital; 
        Meprobamate except when in combination with the following drugs 
        in the following or lower concentrations:  conjugated estrogens, 
        0.4 mg; tridihexethyl chloride, 25mg; pentaerythritol 
        tetranitrate, 20 mg; Methylphenobarbital; Oxazepam; Paraldehyde; 
        Pemoline; Petrichloral; Phenobarbital; and Phentermine.  
           (b) For purposes of this subdivision, "anabolic substances" 
        means the naturally occurring androgens or derivatives of 
        androstane (androsterone and testosterone); testosterone and its 
        esters, including, but not limited to, testosterone propionate, 
        and its derivatives, including, but not limited to, 
        methyltestosterone and growth hormones, except that anabolic 
        substances are not included if they are:  (1) expressly intended 
        for administration through implants to cattle or other nonhuman 
        species; and (2) approved by the United States Food and Drug 
        Administration for that use. 
           Sec. 5.  Minnesota Statutes 1996, section 152.021, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [SALE CRIMES.] A person is guilty of 
        controlled substance crime in the first degree if: 
           (1) on one or more occasions within a 90-day period the 
        person unlawfully sells one or more mixtures of a total weight 
        of ten grams or more containing cocaine or heroin; 
           (2) on one or more occasions within a 90-day period the 
        person unlawfully sells one or more mixtures of a total weight 
        of 50 grams or more containing a narcotic drug other than 
        cocaine or heroin; 
           (3) on one or more occasions within a 90-day period the 
        person unlawfully sells one or more mixtures of a total weight 
        of 50 grams or more containing methamphetamine, amphetamine, 
        phencyclidine, or hallucinogen or, if the controlled substance 
        is packaged in dosage units, equaling 200 or more dosage units; 
        or 
           (4) on one or more occasions within a 90-day period the 
        person unlawfully sells one or more mixtures of a total weight 
        of 50 kilograms or more containing marijuana or 
        Tetrahydrocannabinols, or one or more mixtures of a total weight 
        of 25 kilograms or more containing marijuana or 
        Tetrahydrocannabinols in a school zone, a park zone, or a public 
        housing zone, or a drug treatment facility. 
           Sec. 6.  Minnesota Statutes 1996, section 152.021, 
        subdivision 2, is amended to read: 
           Subd. 2.  [POSSESSION CRIMES.] A person is guilty of a 
        controlled substance crime in the first degree if: 
           (1) the person unlawfully possesses one or more mixtures of 
        a total weight of 25 grams or more containing cocaine or heroin; 
           (2) the person unlawfully possesses one or more mixtures of 
        a total weight of 500 grams or more containing a narcotic drug 
        other than cocaine or heroin; 
           (3) the person unlawfully possesses one or more mixtures of 
        a total weight of 500 grams or more containing methamphetamine, 
        amphetamine, phencyclidine, or hallucinogen or, if the 
        controlled substance is packaged in dosage units, equaling 500 
        or more dosage units; or 
           (4) the person unlawfully possesses one or more mixtures of 
        a total weight of 100 kilograms or more containing marijuana or 
        Tetrahydrocannabinols. 
           Sec. 7.  Minnesota Statutes 1996, section 152.022, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [SALE CRIMES.] A person is guilty of 
        controlled substance crime in the second degree if: 
           (1) on one or more occasions within a 90-day period the 
        person unlawfully sells one or more mixtures of a total weight 
        of three grams or more containing cocaine or heroin; 
           (2) on one or more occasions within a 90-day period the 
        person unlawfully sells one or more mixtures of a total weight 
        of ten grams or more containing a narcotic drug other than 
        cocaine or heroin; 
           (3) on one or more occasions within a 90-day period the 
        person unlawfully sells one or more mixtures of a total weight 
        of ten grams or more containing methamphetamine, amphetamine, 
        phencyclidine, or hallucinogen or, if the controlled substance 
        is packaged in dosage units, equaling 50 or more dosage units; 
           (4) on one or more occasions within a 90-day period the 
        person unlawfully sells one or more mixtures of a total weight 
        of 25 kilograms or more containing marijuana or 
        Tetrahydrocannabinols; 
           (5) the person unlawfully sells any amount of a schedule I 
        or II narcotic drug to a person under the age of 18, or 
        conspires with or employs a person under the age of 18 to 
        unlawfully sell the substance; or 
           (6) the person unlawfully sells any of the following in a 
        school zone, a park zone, or a public housing zone, or a drug 
        treatment facility: 
           (i) any amount of a schedule I or II narcotic drug, or 
        lysergic acid diethylamide (LSD); 
           (ii) one or more mixtures containing methamphetamine or 
        amphetamine; or 
           (iii) one or more mixtures of a total weight of five 
        kilograms or more containing marijuana or Tetrahydrocannabinols. 
           Sec. 8.  Minnesota Statutes 1996, section 152.022, 
        subdivision 2, is amended to read: 
           Subd. 2.  [POSSESSION CRIMES.] A person is guilty of 
        controlled substance crime in the second degree if: 
           (1) the person unlawfully possesses one or more mixtures of 
        a total weight of six grams or more containing cocaine or 
        heroin; 
           (2) the person unlawfully possesses one or more mixtures of 
        a total weight of 50 grams or more containing a narcotic drug 
        other than cocaine or heroin; 
           (3) the person unlawfully possesses one or more mixtures of 
        a total weight of 50 grams or more containing methamphetamine, 
        amphetamine, phencyclidine, or hallucinogen or, if the 
        controlled substance is packaged in dosage units, equaling 100 
        or more dosage units; or 
           (4) the person unlawfully possesses one or more mixtures of 
        a total weight of 50 kilograms or more containing marijuana or 
        Tetrahydrocannabinols. 
           Sec. 9.  Minnesota Statutes 1996, section 152.023, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [SALE CRIMES.] A person is guilty of 
        controlled substance crime in the third degree if:  
           (1) the person unlawfully sells one or more mixtures 
        containing a narcotic drug; 
           (2) on one or more occasions within a 90-day period the 
        person unlawfully sells one or more mixtures containing 
        phencyclidine or hallucinogen, it is packaged in dosage units, 
        and equals ten or more dosage units; 
           (3) the person unlawfully sells one or more mixtures 
        containing a controlled substance classified in schedule I, II, 
        or III, except a schedule I or II narcotic drug, to a person 
        under the age of 18; 
           (4) the person conspires with or employs a person under the 
        age of 18 to unlawfully sell one or more mixtures containing a 
        controlled substance listed in schedule I, II, or III, except a 
        schedule I or II narcotic drug; or 
           (5) on one or more occasions within a 90-day period the 
        person unlawfully sells one or more mixtures of a total weight 
        of five kilograms or more containing marijuana or 
        Tetrahydrocannabinols. 
           Sec. 10.  Minnesota Statutes 1996, section 152.023, 
        subdivision 2, is amended to read: 
           Subd. 2.  [POSSESSION CRIMES.] A person is guilty of 
        controlled substance crime in the third degree if: 
           (1) on one or more occasions within a 90-day period the 
        person unlawfully possesses one or more mixtures of a total 
        weight of three grams or more containing cocaine or heroin; 
           (2) on one or more occasions within a 90-day period the 
        person unlawfully possesses one or more mixtures of a total 
        weight of ten grams or more containing a narcotic drug other 
        than cocaine or heroin; 
           (3) on one or more occasions within a 90-day period the 
        person unlawfully possesses one or more mixtures containing a 
        narcotic drug, it is packaged in dosage units, and equals 50 or 
        more dosage units; 
           (4) on one or more occasions within a 90-day period the 
        person unlawfully possesses any amount of a schedule I or II 
        narcotic drug or five or more dosage units of lysergic acid 
        diethylamide (LSD) in a school zone, a park zone, or a public 
        housing zone, or a drug treatment facility; 
           (5) on one or more occasions within a 90-day period the 
        person unlawfully possesses one or more mixtures of a total 
        weight of ten kilograms or more containing marijuana or 
        Tetrahydrocannabinols; or 
           (6) the person unlawfully possesses one or more mixtures 
        containing methamphetamine or amphetamine in a school zone, a 
        park zone, or a public housing zone, or a drug treatment 
        facility. 
           Sec. 11.  Minnesota Statutes 1996, section 152.023, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PENALTY.] (a) A person convicted under 
        subdivision 1 or 2 may be sentenced to imprisonment for not more 
        than 20 years or to payment of a fine of not more than $250,000, 
        or both. 
           (b) If the conviction is a subsequent controlled substance 
        conviction, a person convicted under subdivision 1 or 2 shall be 
        committed to the commissioner of corrections for not less than 
        two years nor more than 30 years and, in addition, may be 
        sentenced to payment of a fine of not more than $250,000.  
           (c) In a prosecution under subdivision 1 or 2 involving 
        sales or acts of possession by the same person in two or more 
        counties within a 90-day period, the person may be prosecuted in 
        any county in which one of the sales or acts of possession 
        occurred. 
           Sec. 12.  Minnesota Statutes 1996, section 152.024, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [SALE CRIMES.] A person is guilty of 
        controlled substance crime in the fourth degree if: 
           (1) the person unlawfully sells one or more mixtures 
        containing a controlled substance classified in schedule I, II, 
        or III, except marijuana or Tetrahydrocannabinols; 
           (2) the person unlawfully sells one or more mixtures 
        containing a controlled substance classified in schedule IV or V 
        to a person under the age of 18; 
           (3) the person conspires with or employs a person under the 
        age of 18 to unlawfully sell a controlled substance classified 
        in schedule IV or V; or 
           (4) the person unlawfully sells any amount of marijuana or 
        Tetrahydrocannabinols in a school zone, a park zone, or a public 
        housing zone, or a drug treatment facility, except a small 
        amount for no remuneration. 
           Sec. 13.  Minnesota Statutes 1996, section 152.029, is 
        amended to read: 
           152.029 [PUBLIC INFORMATION:  SCHOOL ZONES, PARK ZONES, AND 
        PUBLIC HOUSING ZONES, AND DRUG TREATMENT FACILITIES.] 
           The attorney general shall disseminate information to the 
        public relating to the penalties for committing controlled 
        substance crimes in park zones, school zones, and public housing 
        zones, and drug treatment facilities.  The attorney general 
        shall draft a plain language version of sections 152.022 and 
        152.023 and relevant provisions of the sentencing guidelines, 
        that describes in a clear and coherent manner using words with 
        common and everyday meanings the content of those provisions.  
        The attorney general shall publicize and disseminate the plain 
        language version as widely as practicable, including 
        distributing the version to school boards, local governments, 
        and administrators and occupants of drug treatment facilities 
        and public housing. 
           Sec. 14.  [EXTENSION OF EXPIRATION DATE.] 
           Notwithstanding Minnesota Statutes, section 15.059, the 
        advisory council on drug abuse resistance education expires on 
        June 30, 2001. 
           Sec. 15.  [EFFECTIVE DATE.] 
           Section 4 is effective August 1, 1998, and applies to acts 
        committed on or after that date.  Sections 1 to 3 and 5 to 13 
        are effective August 1, 1997, and apply to acts committed on or 
        after that date.  Section 14 is effective the day following 
        final enactment. 
                                   ARTICLE 5
                                 SEX OFFENDERS
           Section 1.  Minnesota Statutes 1996, section 243.166, 
        subdivision 2, is amended to read: 
           Subd. 2.  [NOTICE.] When a person who is required to 
        register under subdivision 1, paragraph (a), is sentenced or 
        becomes subject to a juvenile court disposition order, the court 
        shall tell the person of the duty to register under this 
        section.  The court shall require the person to read and sign a 
        form stating that the duty of the person to register under this 
        section has been explained.  If a person required to register 
        under subdivision 1, paragraph (a), was not notified by the 
        court of the registration requirement at the time of sentencing 
        or disposition, the assigned corrections agent shall notify the 
        person of the requirements of this section.  When a person who 
        is required to register under subdivision 1, paragraph (c), is 
        released from commitment, the treatment facility shall notify 
        the person of the requirements of this section.  The treatment 
        facility shall also obtain the registration information required 
        under this section and forward it to the bureau of criminal 
        apprehension. 
           Sec. 2.  Minnesota Statutes 1996, section 243.166, 
        subdivision 3, is amended to read: 
           Subd. 3.  [REGISTRATION PROCEDURE.] (a) A person required 
        to register under this section shall register with the 
        corrections agent as soon as the agent is assigned to the 
        person.  If the person does not have an assigned corrections 
        agent or is unable to locate the assigned corrections agent, the 
        person shall register with the law enforcement agency that has 
        jurisdiction in the area of the person's residence. 
           (b) At least five days before the person changes residence 
        starts living at a new address, including changing residence to 
        living in another state, the person shall give written notice of 
        the address of the new residence new living address to the 
        assigned corrections agent or to the law enforcement authority 
        with which the person currently is registered.  An offender is 
        deemed to change residence when the offender remains at a new 
        address for longer than three days and evinces an intent to take 
        up residence there.  If the person will be living in a new state 
        and that state has a registration requirement, the person shall 
        also give written notice of the new address to the designated 
        registration agency in the new state.  The corrections agent or 
        law enforcement authority shall, within two business days after 
        receipt of this information, forward it to the bureau of 
        criminal apprehension.  The bureau of criminal apprehension 
        shall, if it has not already been done, notify the law 
        enforcement authority having primary jurisdiction in the 
        community where the person will live of the new address.  If the 
        person is leaving the state, the bureau of criminal apprehension 
        shall notify the registration authority in the new state of the 
        new address. 
           Sec. 3.  Minnesota Statutes 1996, section 243.166, 
        subdivision 4, is amended to read: 
           Subd. 4.  [CONTENTS OF REGISTRATION.] (a) The registration 
        provided to the corrections agent or law enforcement authority, 
        must consist of a statement in writing signed by the person, 
        giving information required by the bureau of criminal 
        apprehension, a fingerprint card, and photograph of the person 
        taken at the time of the person's release from incarceration or, 
        if the person was not incarcerated, at the time the person 
        initially registered under this section.  
           (b) Within three days, the corrections agent or law 
        enforcement authority shall forward the statement, fingerprint 
        card, and photograph to the bureau of criminal apprehension.  
        The bureau shall ascertain whether the person has registered 
        with the law enforcement authority where the person resides.  If 
        the person has not registered with the law enforcement 
        authority, the bureau shall send one copy to that authority.  
           (c) During the period a person is required to register 
        under this section, the following shall apply: 
           (1) Each year, within 30 days of the anniversary date of 
        the person's initial registration, the bureau of criminal 
        apprehension shall mail a verification form to the last reported 
        address of the person. 
           (2) The person shall mail the signed verification form back 
        to the bureau of criminal apprehension within ten days after 
        receipt of the form, stating on the form the current and last 
        address of the person. 
           (3) If the person fails to mail the completed and signed 
        verification form to the bureau of criminal apprehension within 
        ten days after receipt of the form, the person shall be in 
        violation of this section. 
           Sec. 4.  Minnesota Statutes 1996, section 244.052, 
        subdivision 3, is amended to read: 
           Subd. 3.  [END-OF-CONFINEMENT REVIEW COMMITTEE.] (a) The 
        commissioner of corrections shall establish and administer 
        end-of-confinement review committees at each state correctional 
        facility and at each state treatment facility where sex 
        offenders are confined.  The committees shall assess on a 
        case-by-case basis: 
           (1) the public risk posed by sex offenders who are about to 
        be released from confinement; and 
           (2) the public risk posed by sex offenders who are accepted 
        from another state under a reciprocal agreement under the 
        interstate compact authorized by section 243.16.  
           (b) Each committee shall be a standing committee and shall 
        consist of the following members appointed by the commissioner: 
           (1) the chief executive officer or head of the correctional 
        or treatment facility where the offender is currently confined, 
        or that person's designee; 
           (2) a law enforcement officer; 
           (3) a treatment professional who is trained in the 
        assessment of sex offenders; 
           (4) a caseworker experienced in supervising sex offenders; 
        and 
           (5) an employee of the department of corrections from the 
        victim's services unit. 
           Members of the committee, other than the facility's chief 
        executive officer or head, shall be appointed by the 
        commissioner to two-year terms.  The chief executive officer or 
        head of the facility or designee shall act as chair of the 
        committee and shall use the facility's staff, as needed, to 
        administer the committee, obtain necessary information from 
        outside sources, and prepare risk assessment reports on 
        offenders. 
           (c) The committee shall have access to the following data 
        on a sex offender only for the purposes of its assessment and to 
        defend the committee's risk assessment determination upon 
        administrative review under this section: 
           (1) private medical data under section 13.42 or 144.335, or 
        welfare data under section 13.46 that relate to medical 
        treatment of the offender; 
           (2) private and confidential court services data under 
        section 13.84; 
           (3) private and confidential corrections data under section 
        13.85; and 
           (4) private criminal history data under section 13.87. 
           Data collected and maintained by the committee under this 
        paragraph may not be disclosed outside the committee, except as 
        provided under section 13.05, subdivision 3 or 4.  The sex 
        offender has access to data on the offender collected and 
        maintained by the committee, unless the data are confidential 
        data received under this paragraph. 
           (d) At least 90 days before a sex offender is to be 
        released from confinement or accepted for supervision, the 
        commissioner of corrections shall convene the appropriate 
        end-of-confinement review committee for the purpose of assessing 
        the risk presented by the offender and determining the risk 
        level to which the offender shall be assigned under paragraph 
        (e).  The offender shall be notified of the time and place of 
        the committee's meeting and has a right to be present and be 
        heard at the meeting.  The committee shall use the risk factors 
        described in paragraph (g) and the risk assessment scale 
        developed under subdivision 2 to determine the offender's risk 
        assessment score and risk level.  Offenders scheduled for 
        release from confinement shall be assessed by the committee 
        established at the facility from which the offender is to be 
        released.  Offenders accepted for supervision shall be assessed 
        by whichever committee the commissioner directs. 
           (e) The committee shall assign to risk level I a sex 
        offender whose risk assessment score indicates a low risk of 
        reoffense.  The committee shall assign to risk level II an 
        offender whose risk assessment score indicates a moderate risk 
        of reoffense.  The committee shall assign to risk level III an 
        offender whose risk assessment score indicates a high risk of 
        reoffense. 
           (f) Before the sex offender is released from confinement or 
        accepted for supervision, the committee shall prepare a risk 
        assessment report which specifies the risk level to which the 
        offender has been assigned and the reasons underlying the 
        committee's risk assessment decision.  The committee shall give 
        the report to the offender and to the law enforcement agency at 
        least 60 days before an offender is released from confinement or 
        accepted for supervision.  The committee also shall inform the 
        offender of the availability of review under subdivision 6. 
           (g) As used in this subdivision, "risk factors" includes, 
        but is not limited to, the following factors: 
           (1) the seriousness of the offense should the offender 
        reoffend.  This factor includes consideration of the following:  
           (i) the degree of likely force or harm; 
           (ii) the degree of likely physical contact; and 
           (iii) the age of the likely victim; 
           (2) the offender's prior offense history.  This factor 
        includes consideration of the following: 
           (i) the relationship of prior victims to the offender; 
           (ii) the number of prior offenses or victims; 
           (iii) the duration of the offender's prior offense history; 
           (iv) the length of time since the offender's last prior 
        offense while the offender was at risk to commit offenses; and 
           (v) the offender's prior history of other antisocial acts; 
           (3) the offender's characteristics.  This factor includes 
        consideration of the following:  
           (i) the offender's response to prior treatment efforts; and 
           (ii) the offender's history of substance abuse; 
           (4) the availability of community supports to the offender. 
        This factor includes consideration of the following: 
           (i) the availability and likelihood that the offender will 
        be involved in therapeutic treatment; 
           (ii) the availability of residential supports to the 
        offender, such as a stable and supervised living arrangement in 
        an appropriate location; 
           (iii) the offender's familial and social relationships, 
        including the nature and length of these relationships and the 
        level of support that the offender may receive from these 
        persons; and 
           (iv) the offender's lack of education or employment 
        stability; 
           (5) whether the offender has indicated or credible evidence 
        in the record indicates that the offender will reoffend if 
        released into the community; and 
           (6) whether the offender demonstrates a physical condition 
        that minimizes the risk of reoffense, including but not limited 
        to, advanced age or a debilitating illness or physical condition.
           (h) Upon the request of the law enforcement agency or the 
        offender's corrections agent, the commissioner may reconvene the 
        end-of-confinement review committee for the purpose of 
        reassessing the risk level to which an offender has been 
        assigned under paragraph (e).  In a request for a reassessment, 
        the law enforcement agency or agent shall list the facts and 
        circumstances arising after the initial assignment under 
        paragraph (e) which support the request for a reassessment.  
        Upon review of the request, the end-of-confinement review 
        committee may reassign an offender to a different risk level.  
        If the offender is reassigned to a higher risk level, the 
        offender has the right to seek review of the committee's 
        determination under subdivision 6. 
           (i) An offender may request the end-of-confinement review 
        committee to reassess the offender's assigned risk level after 
        two years have elapsed since the committee's initial risk 
        assessment and may renew the request once every two years 
        following subsequent denials.  In a request for reassessment, 
        the offender shall list the facts and circumstances which 
        demonstrate that the offender no longer poses the same degree of 
        risk to the community.  The committee shall follow the process 
        outlined in paragraphs (a) to (e), and (g) in the reassessment. 
           Sec. 5.  Minnesota Statutes 1996, section 244.052, 
        subdivision 4, is amended to read: 
           Subd. 4.  [LAW ENFORCEMENT AGENCY; DISCLOSURE OF 
        INFORMATION TO PUBLIC.] (a) The law enforcement agency in the 
        area where the sex offender resides, expects to reside, is 
        employed, or is regularly found, is authorized to shall disclose 
        information to the public any information regarding the offender 
        contained in the report forwarded to the agency under 
        subdivision 3, paragraph (f), if the agency determines that 
        disclosure of the information is relevant and necessary to 
        protect the public and to counteract the offender's 
        dangerousness.  The extent of the information disclosed and the 
        community to whom disclosure is made must relate to the level of 
        danger posed by the offender, to the offender's pattern of 
        offending behavior, and to the need of community members for 
        information to enhance their individual and collective safety. 
           (b) The law enforcement agency shall consider the following 
        guidelines in determining the scope of disclosure made under 
        this subdivision: 
           (1) if the offender is assigned to risk level I, the agency 
        may maintain information regarding the offender within the 
        agency and may disclose it to other law enforcement agencies.  
        Additionally, the agency may disclose the information to any 
        victims of or witnesses to the offense committed by the offender.
        The agency shall disclose the information to victims of the 
        offense committed by the offender who have requested disclosure; 
           (2) if the offender is assigned to risk level II, the 
        agency also may disclose the information to the following 
        agencies and groups that the offender is likely to 
        encounter: for the purpose of securing those institutions and 
        protecting individuals in their care while they are on or near 
        the premises of the institution.  These agencies and groups 
        include the staff members of public and private educational 
        institutions;, day care establishments;, and establishments and 
        organizations that primarily serve individuals likely to be 
        victimized by the offender.  The agency also may disclose the 
        information to individuals the agency believes are likely to be 
        victimized by the offender.  The agency's belief shall be based 
        on the offender's pattern of offending or victim preference as 
        documented in the information provided by the department of 
        corrections or human services; 
           (3) if the offender is assigned to risk level III, the 
        agency also may disclose the information to other members of the 
        community whom the offender is likely to encounter. 
           Notwithstanding the assignment of a sex offender to risk 
        level II or III, a law enforcement agency may not make the 
        disclosures permitted by clause (2) or (3), if:  the offender is 
        placed or resides in a residential facility that is licensed as 
        a residential program, as defined in section 245A.02, 
        subdivision 14, by the commissioner of human services under 
        chapter 254A, or the commissioner of corrections under section 
        241.021; and the facility and its staff are trained in the 
        supervision of sex offenders.  However, if an offender is placed 
        or resides in a licensed facility, the head of the facility 
        shall notify the law enforcement agency before the end of the 
        offender's placement or residence in the facility.  Upon 
        receiving this notification, commissioner of corrections or the 
        commissioner of human services within 48 hours after finalizing 
        the offender's approved relocation plan to a permanent 
        residence.  Within five days after receiving this notification, 
        the appropriate commissioner shall give to the appropriate law 
        enforcement agency all relevant information the commissioner has 
        concerning the offender, including information on the risk 
        factors in the offender's history and the risk level to which 
        the offender was assigned.  After receiving this information, 
        the law enforcement agency may make the disclosures permitted by 
        clause (2) or (3), as appropriate. 
           (c) As used in paragraph (b), clauses (2) and (3), "likely 
        to encounter" means that:  
           (1) the organizations or community members are in a 
        location or in close proximity to a location where the offender 
        lives or is employed, or which the offender visits or is likely 
        to visit on a regular basis, other than the location of the 
        offender's outpatient treatment program; and 
           (2) the types of interaction which ordinarily occur at that 
        location and other circumstances indicate that contact with the 
        offender is reasonably certain. 
           (d) A law enforcement agency or official who decides to 
        disclose information under this subdivision shall make a good 
        faith effort to make the notification at least 14 days before an 
        offender is released from confinement or accepted for 
        supervision.  If a change occurs in the release plan, this 
        notification provision does not require an extension of the 
        release date.  
           (e) A law enforcement agency or official that decides to 
        disclose information under this subdivision shall make a good 
        faith effort to conceal not disclose the identity of the victim 
        or victims of or witnesses to the offender's offense offenses. 
           (f) A law enforcement agency may continue to disclose 
        information on an offender under this subdivision for as long as 
        the offender is required to register under section 243.166. 
           Sec. 6.  Minnesota Statutes 1996, section 244.052, 
        subdivision 5, is amended to read: 
           Subd. 5.  [RELEVANT INFORMATION PROVIDED TO LAW 
        ENFORCEMENT.] At least 60 days before a sex offender is released 
        from confinement or accepted for supervision, the department of 
        corrections or the department of human services, in the case of 
        a person who was committed under section 253B.185 or Minnesota 
        Statutes 1992, section 526.10, shall provide give to the 
        appropriate law enforcement agency that investigated the 
        offender's crime of conviction or, where relevant, the law 
        enforcement agency having primary jurisdiction where the 
        offender was committed, all relevant information that the 
        departments have concerning the offender, including information 
        on risk factors in the offender's history.  Within five days 
        after receiving the offender's approved release plan from the 
        office of adult release, the appropriate department shall give 
        to the law enforcement agency having primary jurisdiction where 
        the offender plans to reside all relevant information the 
        department has concerning the offender, including information on 
        risk factors in the offender's history and the risk level to 
        which the offender was assigned. 
           Sec. 7.  Minnesota Statutes 1996, section 244.052, 
        subdivision 6, is amended to read: 
           Subd. 6.  [ADMINISTRATIVE REVIEW.] (a) An offender assigned 
        or reassigned to risk level II or III under subdivision 3, 
        paragraph (e) or (h), has the right to seek administrative 
        review of an end-of-confinement review committee's risk 
        assessment determination.  The offender must exercise this right 
        within 14 days of receiving notice of the committee's decision 
        by notifying the chair of the committee.  Upon receiving the 
        request for administrative review, the chair shall notify:  (1) 
        the offender,; (2) the victim or victims of the offender's 
        offense who have requested disclosure or their designee,; (3) 
        the law enforcement agency, that investigated the offender's 
        crime of conviction or, where relevant, the law enforcement 
        agency having primary jurisdiction where the offender was 
        committed; (4) the law enforcement agency having jurisdiction 
        where the offender expects to reside, providing that the release 
        plan has been approved by the office of adult release of the 
        department of corrections; (5) and any other individuals the 
        chair may select, of.  The notice shall state the time and place 
        of the hearing.  A request for a review hearing shall not 
        interfere with or delay the notification process under 
        subdivision 4 or 5, unless the administrative law judge orders 
        otherwise for good cause shown. 
           (b) An offender who requests a review hearing must be given 
        a reasonable opportunity to prepare for the hearing.  The review 
        hearing shall be conducted on the record before an 
        administrative law judge.  The review hearing shall be conducted 
        at the correctional facility in which the offender is currently 
        confined.  If the offender no longer is incarcerated, the 
        administrative law judge shall determine the place where the 
        review hearing will be conducted.  The offender has the burden 
        of proof to show, by a preponderance of the evidence, that the 
        end-of-confinement review committee's risk assessment 
        determination was erroneous.  The attorney general or a designee 
        shall defend the end-of-confinement review committee's 
        determination.  The offender has the right to be present and be 
        represented by counsel at the hearing, to present evidence in 
        support of the offender's position, to call supporting witnesses 
        and to cross-examine witnesses testifying in support of the 
        committee's determination.  Counsel for indigent offenders shall 
        be provided by the Legal Advocacy Project of the state public 
        defender's office.  
           (c) After the hearing is concluded, the administrative law 
        judge shall decide whether the end-of-confinement review 
        committee's risk assessment determination was erroneous and, 
        based on this decision, shall either uphold or modify the review 
        committee's determination.  The judge's decision shall be in 
        writing and shall include the judge's reasons for the decision.  
        The judge's decision shall be final and a copy of it shall be 
        given to the offender, the victim, the law enforcement agency, 
        and the chair of the end-of-confinement review committee. 
           (d) The review hearing is subject to the contested case 
        provisions of chapter 14. 
           (e) The administrative law judge may seal any portion of 
        the record of the administrative review hearing to the extent 
        necessary to protect the identity of a victim of or witness to 
        the offender's offense. 
           Sec. 8.  Minnesota Statutes 1996, section 609.135, is 
        amended by adding a subdivision to read: 
           Subd. 1c.  [FAILURE TO COMPLETE COURT-ORDERED 
        TREATMENT.] If the court orders a defendant to undergo treatment 
        as a condition of probation and if the defendant fails to 
        successfully complete treatment at least 60 days before the term 
        of probation expires, the prosecutor or the defendant's 
        probation officer may ask the court to hold a hearing to 
        determine whether the conditions of probation should be changed 
        or probation should be revoked.  The court shall schedule and 
        hold this hearing and take appropriate action, including action 
        under subdivision 2, paragraph (h), before the defendant's term 
        of probation expires. 
           Sec. 9.  Minnesota Statutes 1996, section 609.135, 
        subdivision 2, is amended to read: 
           Subd. 2.  (a) If the conviction is for a felony the stay 
        shall be for not more than four years or the maximum period for 
        which the sentence of imprisonment might have been imposed, 
        whichever is longer. 
           (b) If the conviction is for a gross misdemeanor violation 
        of section 169.121 or 169.129, the stay shall be for not more 
        than four years.  The court shall provide for unsupervised 
        probation for the last one year of the stay unless the court 
        finds that the defendant needs supervised probation for all or 
        part of the last one year. 
           (c) If the conviction is for a gross misdemeanor not 
        specified in paragraph (b), the stay shall be for not more than 
        two years. 
           (d) If the conviction is for any misdemeanor under section 
        169.121; 609.746, subdivision 1; 609.79; or 617.23; or for a 
        misdemeanor under section 609.2242 or 609.224, subdivision 1, in 
        which the victim of the crime was a family or household member 
        as defined in section 518B.01, the stay shall be for not more 
        than two years.  The court shall provide for unsupervised 
        probation for the second year of the stay unless the court finds 
        that the defendant needs supervised probation for all or part of 
        the second year. 
           (e) If the conviction is for a misdemeanor not specified in 
        paragraph (d), the stay shall be for not more than one year.  
           (f) The defendant shall be discharged six months after the 
        term of the stay expires, unless the stay has been revoked or 
        extended under paragraph (g) or (h), or the defendant has 
        already been discharged. 
           (g) Notwithstanding the maximum periods specified for stays 
        of sentences under paragraphs (a) to (f), a court may extend a 
        defendant's term of probation for up to one year if it finds, at 
        a hearing conducted under subdivision 1a, that: 
           (1) the defendant has not paid court-ordered restitution or 
        a fine in accordance with the payment schedule or structure; and 
           (2) the defendant is likely to not pay the restitution or 
        fine the defendant owes before the term of probation expires.  
        This one-year extension of probation for failure to pay 
        restitution or a fine may be extended by the court for up to one 
        additional year if the court finds, at another hearing conducted 
        under subdivision 1a, that the defendant still has not paid the 
        court-ordered restitution or fine that the defendant owes. 
           (h) Notwithstanding the maximum periods specified for stays 
        of sentences under paragraphs (a) to (f), a court may extend a 
        defendant's term of probation for up to three years if it finds, 
        at a hearing conducted under subdivision 1c, that: 
           (1) the defendant has failed to complete court-ordered 
        treatment successfully; and 
           (2) the defendant is likely not to complete court-ordered 
        treatment before the term of probation expires. 
           Sec. 10.  Minnesota Statutes 1996, section 609.347, 
        subdivision 7, is amended to read: 
           Subd. 7.  [EFFECT OF STATUTE ON RULES.] Rule 404, paragraph 
        (c) 412 of the Rules of Evidence is superseded to the extent of 
        its conflict with this section. 
           Sec. 11.  Minnesota Statutes 1996, section 609.746, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [SURREPTITIOUS INTRUSION; OBSERVATION 
        DEVICE.] (a) A person is guilty of a misdemeanor who: 
           (1) enters upon another's property; 
           (2) surreptitiously gazes, stares, or peeps in the window 
        or any other aperture of a house or place of dwelling of 
        another; and 
           (3) does so with intent to intrude upon or interfere with 
        the privacy of a member of the household. 
           (b) A person is guilty of a misdemeanor who: 
           (1) enters upon another's property; 
           (2) surreptitiously installs or uses any device for 
        observing, photographing, recording, amplifying, or broadcasting 
        sounds or events through the window or any other aperture of a 
        house or place of dwelling of another; and 
           (3) does so with intent to intrude upon or interfere with 
        the privacy of a member of the household. 
           (c) A person is guilty of a misdemeanor who: 
           (1) surreptitiously gazes, stares, or peeps in the window 
        or other aperture of a sleeping room in a hotel, as defined in 
        section 327.70, subdivision 3, a tanning booth, or other place 
        where a reasonable person would have an expectation of privacy 
        and has exposed or is likely to expose their intimate parts, as 
        defined in section 609.341, subdivision 5, or the clothing 
        covering the immediate area of the intimate parts; and 
           (2) does so with intent to intrude upon or interfere with 
        the privacy of the occupant. 
           (d) A person is guilty of a misdemeanor who: 
           (1) surreptitiously installs or uses any device for 
        observing, photographing, recording, amplifying, or broadcasting 
        sounds or events through the window or other aperture of a 
        sleeping room in a hotel, as defined in section 327.70, 
        subdivision 3, a tanning booth, or other place where a 
        reasonable person would have an expectation of privacy and has 
        exposed or is likely to expose their intimate parts, as defined 
        in section 609.341, subdivision 5, or the clothing covering the 
        immediate area of the intimate parts; and 
           (2) does so with intent to intrude upon or interfere with 
        the privacy of the occupant. 
           (e) A person is guilty of a gross misdemeanor if the person:
           (1) violates this subdivision after a previous conviction 
        under this subdivision or section 609.749; or 
           (2) violates this subdivision against a minor under the age 
        of 16, knowing or having reason to know that the minor is 
        present. 
           (f) Paragraphs (b) and (d) do not apply to law enforcement 
        officers or corrections investigators, or to those acting under 
        their direction, while engaged in the performance of their 
        lawful duties.  Paragraphs (c) and (d) do not apply to conduct 
        in:  (1) a medical facility; or (2) a commercial establishment 
        if the owner of the establishment has posted conspicuous signs 
        warning that the premises are under surveillance by the owner or 
        the owner's employees. 
           Sec. 12.  [COMMUNITY NOTIFICATION CONCERNING SEX OFFENDERS 
        CONFINED IN FEDERAL PRISONS; PLAN AND REPORT REQUIRED.] 
           Subdivision 1.  [DEFINITIONS.] As used in this section: 
           (1) "community notification" means the public disclosure of 
        information about sex offenders by local law enforcement 
        agencies under Minnesota Statutes, section 244.052; 
           (2) "federal prison" means a correctional facility 
        administered by the federal Bureau of Prisons in which sex 
        offenders are or may be confined; and 
           (3) "sex offender" means a person who has been convicted of 
        a federal offense for which registration under Minnesota 
        Statutes, section 243.166, is required. 
           Subd. 2.  [DEVELOPMENT OF PLAN.] The commissioner of 
        corrections shall collaborate with the federal Bureau of Prisons 
        and the chief executive officer of any federal prison located in 
        this state in developing a community notification plan 
        concerning sex offenders confined in federal prisons in 
        Minnesota who intend to reside in this state upon release.  The 
        plan shall address the following matters: 
           (1) the membership and operation of the end-of-confinement 
        review committees that will operate in the federal prisons to 
        conduct risk assessments on sex offenders who intend to reside 
        in Minnesota upon release; 
           (2) the classification and use of data on sex offenders 
        that are collected or maintained by the committees; 
           (3) the procedures governing the sex offender's 
        participation in the committee's meetings; 
           (4) the process for a sex offender to seek review of the 
        committee's risk assessment determination; and 
           (5) any other matters deemed important by the commissioner 
        and the federal authorities. 
           Subd. 3.  [REPORT TO LEGISLATURE.] On or before February 1, 
        1998, the commissioner of corrections shall file a report with 
        the chairs of the house judiciary committee and the senate crime 
        prevention committee.  The report shall summarize the community 
        notification plan agreed to by the commissioner and the federal 
        Bureau of Prisons and shall specify the statutory changes needed 
        to accomplish that plan. 
           Sec. 13. [EFFECTIVE DATE.] 
           Sections 1 to 3 are effective August 1, 1997, and apply to 
        persons who are released from prison on or after that date, who 
        are under supervision as of that date, or who enter this state 
        on or after that date.  Sections 4 to 7 are effective the day 
        following final enactment and apply to offenders sentenced or 
        released from confinement on or after that date.  Sections 8, 9, 
        and 11 are effective August 1, 1997, and apply to crimes 
        committed on or after that date. 
                                   ARTICLE 6
                          CHILD PROTECTION PROVISIONS
           Section 1.  Minnesota Statutes 1996, section 256E.03, 
        subdivision 2, is amended to read: 
           Subd. 2.  (a) "Community social services" means services 
        provided or arranged for by county boards to fulfill the 
        responsibilities prescribed in section 256E.08, subdivision 1, 
        to the following groups of persons: 
           (1) families with children under age 18, who are 
        experiencing child dependency, neglect or abuse, and also 
        pregnant adolescents, adolescent parents under the age of 18, 
        and their children, and other adolescents; 
           (2) persons, including adolescents, who are under the 
        guardianship of the commissioner of human services as dependent 
        and neglected wards; 
           (3) adults who are in need of protection and vulnerable as 
        defined in section 626.5572; 
           (4) persons age 60 and over who are experiencing difficulty 
        living independently and are unable to provide for their own 
        needs; 
           (5) emotionally disturbed children and adolescents, 
        chronically and acutely mentally ill persons who are unable to 
        provide for their own needs or to independently engage in 
        ordinary community activities; 
           (6) persons with mental retardation as defined in section 
        252A.02, subdivision 2, or with related conditions as defined in 
        section 252.27, subdivision 1a, who are unable to provide for 
        their own needs or to independently engage in ordinary community 
        activities; 
           (7) drug dependent and intoxicated persons, including 
        adolescents, as defined in section 254A.02, subdivisions 5 and 
        7, and persons, including adolescents, at risk of harm to self 
        or others due to the ingestion of alcohol or other drugs; 
           (8) parents whose income is at or below 70 percent of the 
        state median income and who are in need of child care services 
        in order to secure or retain employment or to obtain the 
        training or education necessary to secure employment; and 
           (9) children and adolescents involved in or at risk of 
        involvement with criminal activity; and 
           (10) other groups of persons who, in the judgment of the 
        county board, are in need of social services. 
           (b) Except as provided in section 256E.08, subdivision 5, 
        community social services do not include public assistance 
        programs known as aid to families with dependent children, 
        Minnesota supplemental aid, medical assistance, general 
        assistance, general assistance medical care, or community health 
        services authorized by sections 145A.09 to 145A.13.  
           Sec. 2.  [257.069] [INFORMATION FOR CHILD PLACEMENT.] 
           Subdivision 1.  [AGENCY WITH PLACEMENT AUTHORITY.] An 
        agency with legal responsibility for the placement of a child 
        may request and shall receive all information pertaining to the 
        child that it considers necessary to appropriately carry out its 
        duties.  That information must include educational, medical, 
        psychological, psychiatric, and social or family history data 
        retained in any form by any individual or entity.  The agency 
        may gather appropriate data regarding the child's parents in 
        order to develop and implement a case plan required by section 
        257.071.  Upon request of the court responsible for overseeing 
        the provision of services to the child and family and for 
        implementing orders that are in the best interest of the child, 
        the responsible local social service agency or tribal social 
        service agency shall provide appropriate written or oral reports 
        from any individual or entity that has provided services to the 
        child or family.  The reports must include the nature of the 
        services being provided the child or family; the reason for the 
        services; the nature, extent, and quality of the child's or 
        parent's participation in the services, where appropriate; and 
        recommendations for continued services, where appropriate.  The 
        individual or entity shall report all observations and 
        information upon which it bases its report as well as its 
        conclusions.  If necessary to facilitate the receipt of the 
        reports, the court may issue appropriate orders. 
           Subd. 2.  [ACCESS TO SPECIFIC DATA.] A social service 
        agency responsible for the residential placement of a child 
        under this section and the residential facility in which the 
        child is placed shall have access to the following data on the 
        child: 
           (1) medical data under section 13.42; 
           (2) corrections and detention data under section 13.85; 
           (3) juvenile court data under section 260.161; and 
           (4) health records under section 144.335. 
           Sec. 3.  Minnesota Statutes 1996, section 257.071, is 
        amended by adding a subdivision to read: 
           Subd. 1c.  [NOTICE BEFORE VOLUNTARY PLACEMENT.] The local 
        social service agency shall inform a parent considering 
        voluntary placement of a child who is not developmentally 
        disabled or emotionally handicapped of the following: 
           (1) the parent and the child each has a right to separate 
        legal counsel before signing a voluntary placement agreement, 
        but not to counsel appointed at public expense; 
           (2) the parent is not required to agree to the voluntary 
        placement, and a parent who enters a voluntary placement 
        agreement may at any time request that the agency return the 
        child.  If the parent so requests, the child must be returned 
        within 24 hours of the receipt of the request; 
           (3) evidence gathered during the time the child is 
        voluntarily placed may be used at a later time as the basis for 
        a petition alleging that the child is in need of protection or 
        services or as the basis for a petition seeking termination of 
        parental rights; 
           (4) if the local social service agency files a petition 
        alleging that the child is in need of protection or services or 
        a petition seeking the termination of parental rights, the 
        parent would have the right to appointment of separate legal 
        counsel and the child would have a right to the appointment of 
        counsel and a guardian ad litem as provided by law, and that 
        counsel will be appointed at public expense if they are unable 
        to afford counsel; and 
           (5) the timelines and procedures for review of voluntary 
        placements under subdivision 3, and the effect the time spent in 
        voluntary placement on the scheduling of a permanent placement 
        determination hearing under section 260.191, subdivision 3b.  
           Sec. 4.  Minnesota Statutes 1996, section 257.071, is 
        amended by adding a subdivision to read: 
           Subd. 1d.  [RELATIVE SEARCH; NATURE.] (a) Within six months 
        after a child is initially placed in a residential facility, the 
        local social service agency shall identify any relatives of the 
        child and notify them of the possibility of a permanent 
        out-of-home placement of the child, and that a decision not to 
        be a placement resource at the beginning of the case may affect 
        the relative's right to have the child placed with that relative 
        later.  The relatives must be notified that they must keep the 
        local social service agency informed of their current address in 
        order to receive notice of any permanent placement hearing.  A 
        relative who fails to provide a current address to the local 
        social service agency forfeits the right to notice of permanent 
        placement. 
           (b) When the agency determines that it is necessary to 
        prepare for the permanent placement determination hearing, or in 
        anticipation of filing a termination of parental rights 
        petition, the agency shall send notice to the relatives, any 
        adult with whom the child is currently residing, any adult with 
        whom the child has resided for one year or longer in the past, 
        and any adults who have maintained a relationship or exercised 
        visitation with the child as identified in the agency case 
        plan.  The notice must state that a permanent home is sought for 
        the child and that the individuals receiving the notice may 
        indicate to the agency their interest in providing a permanent 
        home.  The notice must contain an advisory that if the relative 
        chooses not to be a placement resource at the beginning of the 
        case, this may affect the relative's rights to have the child 
        placed with that relative permanently later on. 
           Sec. 5.  Minnesota Statutes 1996, section 257.071, is 
        amended by adding a subdivision to read:  
           Subd. 1e.  [CHANGE IN PLACEMENT.] If a child is removed 
        from a permanent placement disposition authorized under section 
        260.191, subdivision 3b, within one year after the placement was 
        made: 
           (1) the child must be returned to the residential facility 
        where the child was placed immediately preceding the permanent 
        placement; or 
           (2) the court shall hold a hearing within ten days after 
        the child is taken into custody to determine where the child is 
        to be placed.  A guardian ad litem must be appointed for the 
        child for this hearing. 
           Sec. 6.  Minnesota Statutes 1996, section 257.071, 
        subdivision 3, is amended to read: 
           Subd. 3.  [REVIEW OF VOLUNTARY PLACEMENTS.] Except as 
        provided in subdivision 4, if the child has been placed in a 
        residential facility pursuant to a voluntary release by the 
        parent or parents, and is not returned home within six months 90 
        days after initial placement in the residential facility, the 
        social service agency responsible for the placement shall: 
           (1) return the child to the home of the parent or parents; 
        or 
           (2) file an appropriate a petition pursuant to section 
        260.131 or 260.231 to extend the placement for 90 days. 
           The case plan must be updated when a petition is filed and 
        must include a specific plan for permanency.  
           If the court approves the extension, at the end of the 
        second 90-day period, the child must be returned to the parent's 
        home, unless a petition is filed for a child in need of 
        protection or services. 
           Sec. 7.  Minnesota Statutes 1996, section 257.071, 
        subdivision 4, is amended to read: 
           Subd. 4.  [REVIEW OF DEVELOPMENTALLY DISABLED AND 
        EMOTIONALLY HANDICAPPED CHILD PLACEMENTS.] If a developmentally 
        disabled child, as that term is defined in United States Code, 
        title 42, section 6001 (7), as amended through December 31, 
        1979, or a child diagnosed with an emotional handicap as defined 
        in section 252.27, subdivision 1a, has been placed in a 
        residential facility pursuant to a voluntary release by the 
        child's parent or parents because of the child's handicapping 
        conditions or need for long-term residential treatment or 
        supervision, the social service agency responsible for the 
        placement shall bring a petition for review of the child's 
        foster care status, pursuant to section 260.131, subdivision 1a, 
        rather than a petition as required by subdivision 3, clause 
        (b) section 260.191, subdivision 3b, after the child has been in 
        foster care for 18 six months or, in the case of a child with an 
        emotional handicap, after the child has been in a residential 
        facility for six months.  Whenever a petition for review is 
        brought pursuant to this subdivision, a guardian ad litem shall 
        be appointed for the child. 
           Sec. 8.  Minnesota Statutes 1996, section 257.072, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [RECRUITMENT OF FOSTER FAMILIES.] Each 
        authorized child-placing agency shall make special efforts to 
        recruit a foster family from among the child's relatives, except 
        as authorized in section 260.181, subdivision 3.  Each agency 
        shall provide for diligent recruitment of potential foster 
        families that reflect the ethnic and racial diversity of the 
        children in the state for whom foster homes are needed.  Special 
        efforts include contacting and working with community 
        organizations and religious organizations and may include 
        contracting with these organizations, utilizing local media and 
        other local resources, conducting outreach activities, and 
        increasing the number of minority recruitment staff employed by 
        the agency.  The requirement of special efforts to locate 
        relatives in this section is satisfied if on the earlier of the 
        following occasions: 
           (1) when the child is placed with a relative who is 
        interested in providing a permanent placement for the child; or 
           (2) when the responsible child-placing agency has made 
        appropriate special efforts for six months following the child's 
        placement in a residential facility and the court approves the 
        agency's efforts pursuant to section 260.191, subdivision 3a.  
        The agency may accept any gifts, grants, offers of services, and 
        other contributions to use in making special recruitment efforts.
           Sec. 9.  Minnesota Statutes 1996, section 259.41, is 
        amended to read: 
           259.41 [ADOPTION STUDY.] 
           An adoption study and written report must be completed 
        before the child is placed in a prospective adoptive home under 
        this chapter and the study must be completed and filed with the 
        court at the time the adoption petition is filed.  In a direct 
        adoptive placement, the report must be filed with the court in 
        support of a motion for temporary preadoptive custody under 
        section 259.47, subdivision 3.  The study and report shall be 
        completed by a licensed child-placing agency and must be 
        thorough and comprehensive.  The study and report shall be paid 
        for by the prospective adoptive parent, except as otherwise 
        required under section 259.67 or 259.73.  
           A stepparent adoption is not subject to this section. 
           In the case of a licensed foster parent seeking to adopt a 
        child who is in the foster parent's care, any portions of the 
        foster care licensing process that duplicate requirements of the 
        home study may be submitted in satisfaction of the relevant 
        requirements of this section. 
           At a minimum, the study must include the following about 
        the prospective adoptive parent: 
           (1) a check of criminal conviction data, data on 
        substantiated maltreatment of a child under section 626.556, and 
        domestic violence data of each person over the age of 13 living 
        in the home.  The prospective adoptive parents, the bureau of 
        criminal apprehension, and other state, county, and local 
        agencies, after written notice to the subject of the study, 
        shall give the agency completing the adoption study 
        substantiated criminal conviction data and reports about 
        maltreatment of minors and vulnerable adults and domestic 
        violence.  The adoption study must also include a check of the 
        juvenile court records of each person over the age of 13 living 
        in the home.  Notwithstanding provisions of section 260.161 to 
        the contrary, the juvenile court shall release the requested 
        information to the agency completing the adoption study.  The 
        study must include an evaluation of the effect of a conviction 
        or finding of substantiated maltreatment on the ability to care 
        for a child; 
           (2) medical and social history and current health; 
           (3) assessment of potential parenting skills; 
           (4) ability to provide adequate financial support for a 
        child; and 
           (5) the level of knowledge and awareness of adoption issues 
        including where appropriate matters relating to interracial, 
        cross-cultural, and special needs adoptions. 
           The adoption study must include at least one in-home visit 
        with the prospective adoptive parent.  The adoption study is the 
        basis for completion of a written report.  The report must be in 
        a format specified by the commissioner and must contain 
        recommendations regarding the suitability of the subject of the 
        study to be an adoptive parent.  An adoption study report is 
        valid for 12 months following its date of completion. 
           A prospective adoptive parent seeking a study under this 
        section must authorize access by the agency to any private data 
        needed to complete the study, must disclose any names used 
        previously other than the name used at the time of the study, 
        and must provide a set of fingerprints, which shall be forwarded 
        to the bureau of criminal apprehension to facilitate the 
        criminal conviction background check required under clause (1).  
           Sec. 10.  Laws 1997, chapter 112, section 3, is amended to 
        read: 
           Sec. 3.  [259.58] [COMMUNICATION OR CONTACT AGREEMENTS.] 
           If an adoptee has resided with a birth relative before 
        being adopted, adoptive parents and that relative may enter an 
        agreement under this section regarding communication with or 
        contact between a minor adoptee, adoptive parents, and a birth 
        relative.  Adoptive parents and a birth relative may enter an 
        agreement regarding communication with or contact between an 
        adopted minor, adoptive parents, and a birth relative under this 
        section.  An agreement may be entered between: 
           (1) adoptive parents and a birth relative with whom the 
        child resided before being adopted; or 
           (2) adoptive parents and any other birth relative if the 
        child is adopted by a birth relative upon the death of both 
        birth parents. 
           For purposes of this section, "birth relative" means a 
        parent, stepparent, grandparent, brother, sister, uncle, or aunt 
        of a minor adoptee.  This relationship may be by blood or 
        marriage.  For an Indian child, birth relative includes members 
        of the extended family as defined by the law or custom of the 
        Indian child's tribe or, in the absence of laws or custom, 
        nieces, nephews, or first or second cousins, as provided in the 
        Indian Child Welfare Act, United States Code, title 25, section 
        1903.  
           (a) An agreement regarding communication with or contact 
        between minor adoptees, adoptive parents, and a birth relative 
        is not legally enforceable unless the terms of the agreement are 
        contained in a written court order entered in accordance with 
        this section.  An order must be sought at the same time a 
        petition for adoption is filed.  The court shall not enter a 
        proposed order unless the terms of the order have been approved 
        in writing by the prospective adoptive parents, a birth relative 
        who desires to be a party to the agreement, and, if the child is 
        in the custody of or under the guardianship of an agency, a 
        representative of the agency.  An agreement under this section 
        need not disclose the identity of the parties to be legally 
        enforceable.  The court shall not enter a proposed order unless 
        the court finds that the communication or contact between the 
        minor adoptee, the adoptive parents, and a birth relative as 
        agreed upon and contained in the proposed order would be in the 
        minor adoptee's best interests. 
           (b) Failure to comply with the terms of an agreed order 
        regarding communication or contact that has been entered by the 
        court under this section is not grounds for: 
           (1) setting aside an adoption decree; or 
           (2) revocation of a written consent to an adoption after 
        that consent has become irrevocable. 
           (c) An agreed order entered under this section may be 
        enforced by filing a petition or motion with the family court 
        that includes a certified copy of the order granting the 
        communication, contact, or visitation, but only if the petition 
        or motion is accompanied by an affidavit that the parties have 
        mediated or attempted to mediate any dispute under the agreement 
        or that the parties agree to a proposed modification.  The 
        prevailing party may be awarded reasonable attorney's fees and 
        costs.  The court shall not modify an agreed order under this 
        section unless it finds that the modification is necessary to 
        serve the best interests of the minor adoptee, and: 
           (1) the modification is agreed to by the adoptive parent 
        and the birth parent or parents relative; or 
           (2) exceptional circumstances have arisen since the agreed 
        order was entered that justify modification of the order. 
           Sec. 11.  Minnesota Statutes 1996, section 259.59, is 
        amended by adding a subdivision to read: 
           Subd. 3.  [COMMUNICATION OR CONTACT AGREEMENTS.] This 
        section does not prohibit birth parents and adoptive parents 
        from entering a communication or contact agreement under section 
        259.58. 
           Sec. 12.  Minnesota Statutes 1996, section 259.67, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ADOPTION ASSISTANCE AGREEMENT.] The placing 
        agency shall certify a child as eligible for adoption assistance 
        according to rules promulgated by the commissioner.  When Not 
        later than 30 days after a parent or parents are found and 
        approved for adoptive placement of a child certified as eligible 
        for adoption assistance, and before the final decree of adoption 
        is issued, a written agreement must be entered into by the 
        commissioner, the adoptive parent or parents, and the placing 
        agency.  The written agreement must be in the form prescribed by 
        the commissioner and must set forth the responsibilities of all 
        parties, the anticipated duration of the adoption assistance 
        payments, and the payment terms.  The adoption assistance 
        agreement shall be subject to the commissioner's approval, which 
        must be granted or denied not later than 15 days after the 
        agreement is entered. 
           The amount of adoption assistance is subject to the 
        availability of state and federal funds and shall be determined 
        through agreement with the adoptive parents.  The agreement 
        shall take into consideration the circumstances of the adopting 
        parent or parents, the needs of the child being adopted and may 
        provide ongoing monthly assistance, supplemental maintenance 
        expenses related to the adopted person's special needs, 
        nonmedical expenses periodically necessary for purchase of 
        services, items, or equipment related to the special needs, and 
        medical expenses.  The placing agency or the adoptive parent or 
        parents shall provide written documentation to support the need 
        for adoption assistance payments.  The commissioner may require 
        periodic reevaluation of adoption assistance payments.  The 
        amount of ongoing monthly adoption assistance granted may in no 
        case exceed that which would be allowable for the child under 
        foster family care and is subject to the availability of state 
        and federal funds. 
           Sec. 13.  Minnesota Statutes 1996, section 260.012, is 
        amended to read: 
           260.012 [DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY 
        REUNIFICATION; REASONABLE EFFORTS.] 
           (a) If a child in need of protection or services is under 
        the court's jurisdiction, the court shall ensure that reasonable 
        efforts including culturally appropriate services by the social 
        service agency are made to prevent placement or to eliminate the 
        need for removal and to reunite the child with the child's 
        family at the earliest possible time, consistent with the best 
        interests, safety, and protection of the child.  The court may, 
        upon motion and hearing, order the cessation of reasonable 
        efforts if the court finds that provision of services or further 
        services for the purpose of rehabilitation and reunification is 
        futile and therefore unreasonable under the circumstances.  In 
        the case of an Indian child, in proceedings under sections 
        260.172, 260.191, and 260.221 the juvenile court must make 
        findings and conclusions consistent with the Indian Child 
        Welfare Act of 1978, United States Code, title 25, section 1901 
        et seq., as to the provision of active efforts.  If a child is 
        under the court's delinquency jurisdiction, it shall be the duty 
        of the court to ensure that reasonable efforts are made to 
        reunite the child with the child's family at the earliest 
        possible time, consistent with the best interests of the child 
        and the safety of the public. 
           (b) "Reasonable efforts" means the exercise of due 
        diligence by the responsible social service agency to use 
        appropriate and available services to meet the needs of the 
        child and the child's family in order to prevent removal of the 
        child from the child's family; or upon removal, services to 
        eliminate the need for removal and reunite the family.  Services 
        may include those listed under section 256F.07, subdivision 3, 
        and other appropriate services available in the community.  The 
        social service agency has the burden of demonstrating that it 
        has made reasonable efforts. or that provision of services or 
        further services for the purpose of rehabilitation and 
        reunification is futile and therefore unreasonable under the 
        circumstances.  Reunification of a surviving child with a parent 
        is not required if the parent has been convicted of: 
           (1) a violation of, or an attempt or conspiracy to commit a 
        violation of, sections 609.185 to 609.20; 609.222, subdivision 
        2; or 609.223 in regard to another child of the parent; 
           (2) a violation of section 609.222, subdivision 2; or 
        609.223, in regard to the surviving child; or 
           (3) a violation of, or an attempt or conspiracy to commit a 
        violation of, United States Code, title 18, section 1111(a) or 
        1112(a), in regard to another child of the parent. 
           (c) The juvenile court, in proceedings under sections 
        260.172, 260.191, and 260.221 shall make findings and 
        conclusions as to the provision of reasonable efforts.  When 
        determining whether reasonable efforts have been made, the court 
        shall consider whether services to the child and family were: 
           (1) relevant to the safety and protection of the child; 
           (2) adequate to meet the needs of the child and family; 
           (3) culturally appropriate; 
           (4) available and accessible; 
           (5) consistent and timely; and 
           (6) realistic under the circumstances. 
           In the alternative, the court may determine that provision 
        of services or further services for the purpose of 
        rehabilitation is futile and therefore unreasonable under the 
        circumstances. 
           (d) This section does not prevent out-of-home placement for 
        treatment of a child with a mental disability when the child's 
        diagnostic assessment or individual treatment plan indicates 
        that appropriate and necessary treatment cannot be effectively 
        provided outside of a residential or inpatient treatment program.
           Sec. 14.  Minnesota Statutes 1996, section 260.015, 
        subdivision 2a, is amended to read: 
           Subd. 2a.  [CHILD IN NEED OF PROTECTION OR SERVICES.] 
        "Child in need of protection or services" means a child who is 
        in need of protection or services because the child: 
           (1) is abandoned or without parent, guardian, or custodian; 
           (2)(i) has been a victim of physical or sexual abuse, or 
        (ii) resides with or has resided with a victim of domestic child 
        abuse as defined in subdivision 24, (iii) resides with or would 
        reside with a perpetrator of domestic child abuse or child abuse 
        as defined in subdivision 28, or (iv) is a victim of emotional 
        maltreatment as defined in subdivision 5a; 
           (3) is without necessary food, clothing, shelter, 
        education, or other required care for the child's physical or 
        mental health or morals because the child's parent, guardian, or 
        custodian is unable or unwilling to provide that care; 
           (4) is without the special care made necessary by a 
        physical, mental, or emotional condition because the child's 
        parent, guardian, or custodian is unable or unwilling to provide 
        that care; 
           (5) is medically neglected, which includes, but is not 
        limited to, the withholding of medically indicated treatment 
        from a disabled infant with a life-threatening condition.  The 
        term "withholding of medically indicated treatment" means the 
        failure to respond to the infant's life-threatening conditions 
        by providing treatment, including appropriate nutrition, 
        hydration, and medication which, in the treating physician's or 
        physicians' reasonable medical judgment, will be most likely to 
        be effective in ameliorating or correcting all conditions, 
        except that the term does not include the failure to provide 
        treatment other than appropriate nutrition, hydration, or 
        medication to an infant when, in the treating physician's or 
        physicians' reasonable medical judgment: 
           (i) the infant is chronically and irreversibly comatose; 
           (ii) the provision of the treatment would merely prolong 
        dying, not be effective in ameliorating or correcting all of the 
        infant's life-threatening conditions, or otherwise be futile in 
        terms of the survival of the infant; or 
           (iii) the provision of the treatment would be virtually 
        futile in terms of the survival of the infant and the treatment 
        itself under the circumstances would be inhumane; 
           (6) is one whose parent, guardian, or other custodian for 
        good cause desires to be relieved of the child's care and 
        custody; 
           (7) has been placed for adoption or care in violation of 
        law; 
           (8) is without proper parental care because of the 
        emotional, mental, or physical disability, or state of 
        immaturity of the child's parent, guardian, or other custodian; 
           (9) is one whose behavior, condition, or environment is 
        such as to be injurious or dangerous to the child or others.  An 
        injurious or dangerous environment may include, but is not 
        limited to, the exposure of a child to criminal activity in the 
        child's home; 
           (10) has committed a delinquent act before becoming ten 
        years old; 
           (11) is a runaway; 
           (12) is an habitual truant; or 
           (13) has been found incompetent to proceed or has been 
        found not guilty by reason of mental illness or mental 
        deficiency in connection with a delinquency proceeding, a 
        certification under section 260.125, an extended jurisdiction 
        juvenile prosecution, or a proceeding involving a juvenile petty 
        offense; or 
           (14) is one whose custodial parent's parental rights to 
        another child have been involuntarily terminated within the past 
        five years. 
           Sec. 15.  Minnesota Statutes 1996, section 260.015, 
        subdivision 29, is amended to read: 
           Subd. 29.  [EGREGIOUS HARM.] "Egregious harm" means the 
        infliction of bodily harm to a child or neglect of a child which 
        demonstrates a grossly inadequate ability to provide minimally 
        adequate parental care.  The egregious harm need not have 
        occurred in the state or in the county where a termination of 
        parental rights action is otherwise properly venued.  Egregious 
        harm includes, but is not limited to: 
           (1) conduct towards a child that constitutes a violation of 
        sections 609.185 to 609.21, 609.222, subdivision 2, 609.223, or 
        any other similar law of the United States or any other state; 
           (2) the infliction of "substantial bodily harm" to a child, 
        as defined in section 609.02, subdivision 8; 
           (3) conduct towards a child that constitutes felony 
        malicious punishment of a child under section 609.377; 
           (4) conduct towards a child that constitutes felony 
        unreasonable restraint of a child under section 609.255, 
        subdivision 3; 
           (5) conduct towards a child that constitutes felony neglect 
        or endangerment of a child under section 609.378; 
           (6) conduct towards a child that constitutes assault under 
        section 609.221, 609.222, or 609.223; 
           (7) conduct towards a child that constitutes solicitation, 
        inducement, or promotion of prostitution under section 609.322; 
        or 
           (8) conduct towards a child that constitutes receiving 
        profit derived from prostitution under section 609.323; or 
           (9) conduct toward a child that constitutes a violation of 
        United States Code, title 18, section 1111(a) or 1112(a). 
           Sec. 16.  Minnesota Statutes 1996, section 260.131, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [WHO MAY FILE; REQUIRED FORM.] (a) Any 
        reputable person, including but not limited to any agent of the 
        commissioner of human services, having knowledge of a child in 
        this state or of a child who is a resident of this state, who 
        appears to be delinquent, in need of protection or services, or 
        neglected and in foster care, may petition the juvenile court in 
        the manner provided in this section. 
           (b) A petition for a child in need of protection filed by 
        an individual who is not a county attorney or an agent of the 
        commissioner of human services shall be filed on a form 
        developed by the state court administrator and provided to court 
        administrators.  Copies of the form may be obtained from the 
        court administrator in each county.  The court administrator 
        shall review the petition before it is filed to determine that 
        it is completed.  The court administrator may reject the 
        petition if it does not indicate that the petitioner has 
        contacted the local social service agency. 
           An individual may file a petition under this subdivision 
        without seeking internal review of the local social service 
        agency's decision.  The court shall determine whether there is 
        probable cause to believe that a need for protection or services 
        exists before the matter is set for hearing.  If the matter is 
        set for hearing, the court administrator shall notify the local 
        social service agency by sending notice to the county attorney. 
           The petition must contain: 
           (1) a statement of facts that would establish, if proven, 
        that there is a need for protection or services for the child 
        named in the petition; 
           (2) a statement that petitioner has reported the 
        circumstances underlying the petition to the local social 
        service agency, and protection or services were not provided to 
        the child; 
           (3) a statement whether there are existing juvenile or 
        family court custody orders or pending proceedings in juvenile 
        or family court concerning the child; and 
           (4) a statement of the relationship of the petitioner to 
        the child and any other parties. 
           The court may not allow a petition to proceed under this 
        paragraph if it appears that the sole purpose of the petition is 
        to modify custody between the parents. 
           Sec. 17.  Minnesota Statutes 1996, section 260.131, 
        subdivision 2, is amended to read: 
           Subd. 2.  The petition shall be verified by the person 
        having knowledge of the facts and may be on information and 
        belief.  Unless otherwise provided by this section or by rule or 
        order of the court, the county attorney shall draft the petition 
        upon the showing of reasonable grounds to support the petition. 
           Sec. 18.  Minnesota Statutes 1996, section 260.155, 
        subdivision 1a, is amended to read: 
           Subd. 1a.  [RIGHT TO PARTICIPATE IN PROCEEDINGS.] A child 
        who is the subject of a petition, and the parents, guardian, or 
        lawful legal custodian of the child have the right to 
        participate in all proceedings on a petition.  Official tribal 
        representatives have the right to participate in any proceeding 
        that is subject to the Indian Child Welfare Act of 1978, United 
        States Code, title 25, sections 1901 to 1963. 
           Any grandparent of the child has a right to participate in 
        the proceedings to the same extent as a parent, if the child has 
        lived with the grandparent within the two years preceding the 
        filing of the petition.  At the first hearing following the 
        filing of a petition, the court shall ask whether the child has 
        lived with a grandparent within the last two years, except that 
        the court need not make this inquiry if the petition states that 
        the child did not live with a grandparent during this time 
        period.  Failure to notify a grandparent of the proceedings is 
        not a jurisdictional defect. 
           If, in a proceeding involving a child in need of protection 
        or services, the local social service agency recommends transfer 
        of permanent legal and physical custody to a relative, the 
        relative has a right to participate as a party, and thereafter 
        shall receive notice of any hearing in the proceedings.  
           Sec. 19.  Minnesota Statutes 1996, section 260.155, 
        subdivision 2, is amended to read:  
           Subd. 2.  [APPOINTMENT OF COUNSEL.] (a) The child, parent, 
        guardian or custodian has the right to effective assistance of 
        counsel in connection with a proceeding in juvenile court.  This 
        right does not apply to a child who is charged with a juvenile 
        petty offense as defined in section 260.015, subdivision 21, 
        unless the child is charged with a third or subsequent juvenile 
        alcohol or controlled substance offense and may be subject to 
        the alternative disposition described in section 260.195, 
        subdivision 4.  
           (b) The court shall appoint counsel, or stand-by counsel if 
        the child waives the right to counsel, for a child who is: 
           (1) charged by delinquency petition with a gross 
        misdemeanor or felony offense; or 
           (2) the subject of a delinquency proceeding in which 
        out-of-home placement has been proposed. 
           (c) If they desire counsel but are unable to employ it, the 
        court shall appoint counsel to represent the child or the 
        parents or guardian in any case in which it feels that such an 
        appointment is desirable appropriate, except a juvenile petty 
        offender who does not have the right to counsel under paragraph 
        (a).  
           (d) Counsel for the child shall not also act as the child's 
        guardian ad litem.  
           (e) In any proceeding where the subject of a petition for a 
        child in need of protection or services is not represented by an 
        attorney, the court shall determine the child's preferences 
        regarding the proceedings, if the child is of suitable age to 
        express a preference. 
           Sec. 20.  Minnesota Statutes 1996, section 260.155, 
        subdivision 3, is amended to read: 
           Subd. 3.  [COUNTY ATTORNEY.] Except in adoption 
        proceedings, the county attorney shall present the evidence upon 
        request of the court.  In representing the agency, the county 
        attorney shall also have the responsibility for advancing the 
        public interest in the welfare of the child. 
           Sec. 21.  Minnesota Statutes 1996, section 260.155, 
        subdivision 4, is amended to read: 
           Subd. 4.  [GUARDIAN AD LITEM.] (a) The court shall appoint 
        a guardian ad litem to protect the interests of the minor when 
        it appears, at any stage of the proceedings, that the minor is 
        without a parent or guardian, or that the minor's parent is a 
        minor or incompetent, or that the parent or guardian is 
        indifferent or hostile to the minor's interests, and in every 
        proceeding alleging a child's need for protection or services 
        under section 260.015, subdivision 2a, clauses (1) to (10).  In 
        any other case the court may appoint a guardian ad litem to 
        protect the interests of the minor when the court feels that 
        such an appointment is desirable.  The court shall appoint the 
        guardian ad litem on its own motion or in the manner provided 
        for the appointment of a guardian ad litem in the district 
        court.  The court may appoint separate counsel for the guardian 
        ad litem if necessary.  
           (b) A guardian ad litem shall carry out the following 
        responsibilities: 
           (1) conduct an independent investigation to determine the 
        facts relevant to the situation of the child and the family, 
        which must include, unless specifically excluded by the court, 
        reviewing relevant documents; meeting with and observing the 
        child in the home setting and considering the child's wishes, as 
        appropriate; and interviewing parents, caregivers, and others 
        with knowledge relevant to the case; 
           (2) advocate for the child's best interests by 
        participating in appropriate aspects of the case and advocating 
        for appropriate community services when necessary; 
           (3) maintain the confidentiality of information related to 
        a case, with the exception of sharing information as permitted 
        by law to promote cooperative solutions that are in the best 
        interests of the child; 
           (4) monitor the child's best interests throughout the 
        judicial proceeding; and 
           (5) present written reports on the child's best interests 
        that include conclusions and recommendations and the facts upon 
        which they are based. 
           (c) The court may waive the appointment of a guardian ad 
        litem pursuant to clause (a), whenever counsel has been 
        appointed pursuant to subdivision 2 or is retained otherwise, 
        and the court is satisfied that the interests of the minor are 
        protected. 
           (d) In appointing a guardian ad litem pursuant to clause 
        (a), the court shall not appoint the party, or any agent or 
        employee thereof, filing a petition pursuant to section 260.131. 
           (e) The following factors shall be considered when 
        appointing a guardian ad litem in a case involving an Indian or 
        minority child: 
           (1) whether a person is available who is the same racial or 
        ethnic heritage as the child or, if that is not possible; 
           (2) whether a person is available who knows and appreciates 
        the child's racial or ethnic heritage. 
           Sec. 22.  Minnesota Statutes 1996, section 260.155, 
        subdivision 8, is amended to read: 
           Subd. 8.  [WAIVER.] (a) Waiver of any right which a child 
        has under this chapter must be an express waiver voluntarily and 
        intelligently made by the child after the child has been fully 
        and effectively informed of the right being waived.  If a child 
        is under 12 years of age, the child's parent, guardian or 
        custodian shall give any waiver or offer any objection 
        contemplated by this chapter not represented by counsel, any 
        waiver must be given or any objection must be offered by the 
        child's guardian ad litem. 
           (b) Waiver of a child's right to be represented by counsel 
        provided under the juvenile court rules must be an express 
        waiver voluntarily and intelligently made by the child after the 
        child has been fully and effectively informed of the right being 
        waived.  In determining whether a child has voluntarily and 
        intelligently waived the right to counsel, the court shall look 
        to the totality of the circumstances which includes but is not 
        limited to the child's age, maturity, intelligence, education, 
        experience, and ability to comprehend, and the presence and 
        competence of the child's parents, guardian, or guardian ad 
        litem.  If the court accepts the child's waiver, it shall state 
        on the record the findings and conclusions that form the basis 
        for its decision to accept the waiver. 
           Sec. 23.  Minnesota Statutes 1996, section 260.161, is 
        amended by adding a subdivision to read: 
           Subd. 3a.  [ATTORNEY ACCESS TO RECORDS.] An attorney 
        representing a child, parent, or guardian ad litem in a 
        proceeding under this chapter shall be given access to records, 
        local social service agency files, and reports which form the 
        basis of any recommendation made to the court.  An attorney does 
        not have access under this subdivision to the identity of a 
        person who made a report under section 626.556.  The court may 
        issue protective orders to prohibit an attorney from sharing a 
        specified record or portion of a record with a client other than 
        a guardian ad litem. 
           Sec. 24.  Minnesota Statutes 1996, section 260.165, 
        subdivision 3, is amended to read: 
           Subd. 3.  [NOTICE TO PARENT OR CUSTODIAN.] Whenever a peace 
        officer takes a child into custody for shelter care or relative 
        placement pursuant to subdivision 1; section 260.135, 
        subdivision 5; or section 260.145, the officer shall notify the 
        parent or custodian that under section 260.173, subdivision 2, 
        the parent or custodian may request that the child be placed 
        with a relative or a designated caregiver under chapter 257A 
        instead of in a shelter care facility.  The officer also shall 
        give the parent or custodian of the child a list of names, 
        addresses, and telephone numbers of social service agencies that 
        offer child welfare services.  If the parent or custodian was 
        not present when the child was removed from the residence, the 
        list shall be left with an adult on the premises or left in a 
        conspicuous place on the premises if no adult is present.  If 
        the officer has reason to believe the parent or custodian is not 
        able to read and understand English, the officer must provide a 
        list that is written in the language of the parent or 
        custodian.  The list shall be prepared by the commissioner of 
        human services.  The commissioner shall prepare lists for each 
        county and provide each county with copies of the list without 
        charge.  The list shall be reviewed annually by the commissioner 
        and updated if it is no longer accurate.  Neither the 
        commissioner nor any peace officer or the officer's employer 
        shall be liable to any person for mistakes or omissions in the 
        list.  The list does not constitute a promise that any agency 
        listed will in fact assist the parent or custodian. 
           Sec. 25.  Minnesota Statutes 1996, section 260.191, 
        subdivision 3a, is amended to read: 
           Subd. 3a.  [COURT REVIEW OF OUT-OF-HOME PLACEMENTS.] (a) If 
        the court places a child in a residential facility, as defined 
        in section 257.071, subdivision 1, the court shall review the 
        out-of-home placement at least every six months to determine 
        whether continued out-of-home placement is necessary and 
        appropriate or whether the child should be returned home.  The 
        court shall review agency efforts pursuant to section 257.072, 
        subdivision 1, and order that the efforts continue if the agency 
        has failed to perform the duties under that section.  The court 
        shall review the case plan and may modify the case plan as 
        provided under subdivisions 1e and 2.  If the court orders 
        continued out-of-home placement, the court shall notify the 
        parents of the provisions of subdivision 3b. 
           (b) When the court determines that a permanent placement 
        hearing is necessary because there is a likelihood that the 
        child will not return to a parent's care, the court may 
        authorize the agency with custody of the child to send the 
        notice provided in this paragraph to any adult with whom the 
        child is currently residing, any adult with whom the child has 
        resided for one year or longer in the past, any adult who has 
        maintained a relationship or exercised visitation with the child 
        as identified in the agency case plan for the child or 
        demonstrated an interest in the child, and any relative who has 
        provided a current address to the local social service agency.  
        This notice must not be provided to a parent whose parental 
        rights to the child have been terminated under section 260.221, 
        subdivision 1.  The notice must state that a permanent home is 
        sought for the child and that individuals receiving the notice 
        may indicate to the agency within 30 days their interest in 
        providing a permanent home.  
           Sec. 26.  Minnesota Statutes 1996, section 260.191, 
        subdivision 3b, as amended by Laws 1997, chapter 112, section 5, 
        is amended to read: 
           Subd. 3b.  [REVIEW OF COURT ORDERED PLACEMENTS; PERMANENT 
        PLACEMENT DETERMINATION.] (a) If the court places a child in a 
        residential facility, as defined in section 257.071, subdivision 
        1, The court shall conduct a hearing to determine the permanent 
        status of the a child not later than 12 months after the child 
        was is placed out of the home of the parent. 
           For purposes of this subdivision, the date of the child's 
        placement out of the home of the parent is the earlier of the 
        first court-ordered placement or the first court-approved 
        placement under section 257.071, subdivision 3, of a child who 
        had been in voluntary placement. 
           For purposes of this subdivision, 12 months is calculated 
        as follows: 
           (1) during the pendency of a petition alleging that a child 
        is in need of protection or services, all time periods when a 
        child is placed out of the home of the parent are cumulated; 
           (2) if a child has been placed out of the home of the 
        parent within the previous five years in connection with one or 
        more prior petitions for a child in need of protection or 
        services, the lengths of all prior time periods when the child 
        was placed out of the home within the previous five years and 
        under the current petition, are cumulated.  If a child under 
        this clause has been out of the home for 12 months or more, the 
        court, if it is in the best interests of the child, may extend 
        the total time the child may continue out of the home under the 
        current petition up to an additional six months before making a 
        permanency determination.  
           (b) Not later than ten days prior to this hearing, the 
        responsible social service agency shall file pleadings to 
        establish the basis for the permanent placement determination.  
        Notice of the hearing and copies of the pleadings must be 
        provided pursuant to section 260.141.  If a termination of 
        parental rights petition is filed before the date required for 
        the permanency planning determination, no hearing need be 
        conducted under this section subdivision.  The court shall 
        determine whether the child is to be returned home or, if not, 
        what permanent placement is consistent with the child's best 
        interests.  The "best interests of the child" means all relevant 
        factors to be considered and evaluated. 
           (c) If the child is not returned to the home, the 
        dispositions available for permanent placement determination are:
           (1) permanent legal and physical custody to a relative 
        pursuant to in the best interests of the child.  In transferring 
        permanent legal and physical custody to a relative, the juvenile 
        court shall follow the standards and procedures applicable under 
        chapter 257 or 518.  An order establishing permanent legal or 
        physical custody under this subdivision must be filed with the 
        family court.  The social service agency may petition on behalf 
        of the proposed custodian; 
           (2) termination of parental rights and adoption; the social 
        service agency shall file a petition for termination of parental 
        rights under section 260.231 and all the requirements of 
        sections 260.221 to 260.245 remain applicable.  An adoption 
        ordered completed subsequent to a determination under this 
        subdivision may include an agreement for communication or 
        contact under section 259.58; or 
           (3) long-term foster care; transfer of legal custody and 
        adoption are preferred permanency options for a child who cannot 
        return home.  The court may order a child into long-term foster 
        care only if it finds that neither an award of legal and 
        physical custody to a relative, nor termination of parental 
        rights nor adoption is in the child's best interests.  Further, 
        the court may only order long-term foster care for the child 
        under this section if it finds the following: 
           (i) the child has reached age 12 and reasonable efforts by 
        the responsible social service agency have failed to locate an 
        adoptive family for the child; or 
           (ii) the child is a sibling of a child described in clause 
        (i) and the siblings have a significant positive relationship 
        and are ordered into the same long-term foster care home.; or 
           (b) The court may extend the time period for determination 
        of permanent placement to 18 months after the child was placed 
        in a residential facility if: 
           (1) there is a substantial probability that the child will 
        be returned home within the next six months; 
           (2) the agency has not made reasonable, or, in the case of 
        an Indian child, active efforts, to correct the conditions that 
        form the basis of the out-of-home placement; or 
           (3) extraordinary circumstances exist precluding a 
        permanent placement determination, in which case the court shall 
        make written findings documenting the extraordinary 
        circumstances and order one subsequent review after six months 
        to determine permanent placement.  A court finding that 
        extraordinary circumstances exist precluding a permanent 
        placement determination must be supported by detailed factual 
        findings regarding those circumstances. 
           (4) foster care for a specified period of time may be 
        ordered only if: 
           (i) the sole basis for an adjudication that a child is in 
        need of protection or services is that the child is a runaway, 
        is an habitual truant, or committed a delinquent act before age 
        ten; and 
           (ii) the court finds that foster care for a specified 
        period of time is in the best interests of the child. 
           (c) (d) In ordering a permanent placement of a child, the 
        court must be governed by the best interests of the child, 
        including a review of the relationship between the child and 
        relatives and the child and other important persons with whom 
        the child has resided or had significant contact. 
           (d) (e) Once a permanent placement determination has been 
        made and permanent placement has been established, further 
        reviews are only necessary if the placement is made under 
        paragraph (c), clause (4), review is otherwise required by 
        federal law, an adoption has not yet been finalized, or there is 
        a disruption of the permanent or long-term placement.  If 
        required, reviews must take place no less frequently than every 
        six months. 
           (e) (f) An order under this subdivision must include the 
        following detailed findings: 
           (1) how the child's best interests are served by the order; 
           (2) the nature and extent of the responsible social service 
        agency's reasonable efforts, or, in the case of an Indian child, 
        active efforts, to reunify the child with the parent or parents; 
           (3) the parent's or parents' efforts and ability to use 
        services to correct the conditions which led to the out-of-home 
        placement; 
           (4) whether the conditions which led to the out-of-home 
        placement have been corrected so that the child can return home; 
        and 
           (5) if the child cannot be returned home, whether there is 
        a substantial probability of the child being able to return home 
        in the next six months.  
           (f) (g) An order for permanent legal and physical custody 
        of a child may be modified under sections 518.18 and 518.185.  
        The social service agency is a party to the proceeding and must 
        receive notice.  An order for long-term foster care is 
        reviewable upon motion and a showing by the parent of a 
        substantial change in the parent's circumstances such that the 
        parent could provide appropriate care for the child and that 
        removal of the child from the child's permanent placement and 
        the return to the parent's care would be in the best interest of 
        the child. 
           Sec. 27.  Minnesota Statutes 1996, section 260.191, 
        subdivision 4, is amended to read: 
           Subd. 4.  [CONTINUANCE OF CASE.] When If it is in the best 
        interests of the child or the child's parents to do so and when 
        either if the allegations contained in the petition have been 
        admitted, or when a hearing has been held as provided in section 
        260.155 and the allegations contained in the petition have been 
        duly proven, before the entry of a finding of need for 
        protection or services or a finding that a child is neglected 
        and in foster care has been entered, the court may continue the 
        case for a period not to exceed 90 days on any one order.  Such 
        a continuance may be extended for one additional successive 
        period not to exceed 90 days and only after the court has 
        reviewed the case and entered its order for an additional 
        continuance without a finding that the child is in need of 
        protection or services or neglected and in foster care.  During 
        this continuance the court may enter any order otherwise 
        permitted under the provisions of this section.  Following the 
        90-day continuance: 
           (1) if both the parent and child have complied with the 
        terms of the continuance, the case must be dismissed without an 
        adjudication that the child is in need of protection or services 
        or that the child is neglected and in foster care; or 
           (2) if either the parent or child has not complied with the 
        terms of the continuance, the court shall adjudicate the child 
        in need of protection or services or neglected and in foster 
        care. 
           Sec. 28.  Minnesota Statutes 1996, section 260.192, is 
        amended to read: 
           260.192 [DISPOSITIONS; VOLUNTARY FOSTER CARE PLACEMENTS.] 
           Upon a petition for review of the foster care status of a 
        child, the court may:  
           (a) In the case of a petition required to be filed under 
        section 257.071, subdivision 3, find that the child's needs are 
        being met, that the child's placement in foster care is in the 
        best interests of the child, and that the child will be returned 
        home in the next six months, in which case the court shall 
        approve the voluntary arrangement and continue the matter for 
        six months to assure the child returns to the parent's home.  
           (b) In the case of a petition required to be filed under 
        section 257.071, subdivision 4, find that the child's needs are 
        being met and that the child's placement in foster care is in 
        the best interests of the child, in which case the court shall 
        approve the voluntary arrangement.  The court shall order the 
        social service agency responsible for the placement to bring a 
        petition under section 260.131, subdivision 1 or 1a, as 
        appropriate, within two years 12 months. 
           (c) Find that the child's needs are not being met, in which 
        case the court shall order the social service agency or the 
        parents to take whatever action is necessary and feasible to 
        meet the child's needs, including, when appropriate, the 
        provision by the social service agency of services to the 
        parents which would enable the child to live at home, and order 
        a disposition under section 260.191. 
           (d) Find that the child has been abandoned by parents 
        financially or emotionally, or that the developmentally disabled 
        child does not require out-of-home care because of the 
        handicapping condition, in which case the court shall order the 
        social service agency to file an appropriate petition pursuant 
        to sections 260.131, subdivision 1, or 260.231. 
           Nothing in this section shall be construed to prohibit 
        bringing a petition pursuant to section 260.131, subdivision 1 
        or 2, sooner than required by court order pursuant to this 
        section. 
           Sec. 29.  Minnesota Statutes 1996, section 260.221, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [VOLUNTARY AND INVOLUNTARY.] The juvenile 
        court may upon petition, terminate all rights of a parent to a 
        child in the following cases: 
           (a) With the written consent of a parent who for good cause 
        desires to terminate parental rights; or 
           (b) If it finds that one or more of the following 
        conditions exist: 
           (1) that the parent has abandoned the child.  Abandonment 
        is presumed when: 
           (i) the parent has had no contact with the child on a 
        regular basis and no demonstrated, consistent interest in the 
        child's well-being for six months; and 
           (ii) the social service agency has made reasonable efforts 
        to facilitate contact, unless the parent establishes that an 
        extreme financial or physical hardship or treatment for mental 
        disability or chemical dependency or other good cause prevented 
        the parent from making contact with the child.  This presumption 
        does not apply to children whose custody has been determined 
        under chapter 257 or 518.  The court is not prohibited from 
        finding abandonment in the absence of this presumption; or 
           (2) that the parent has substantially, continuously, or 
        repeatedly refused or neglected to comply with the duties 
        imposed upon that parent by the parent and child relationship, 
        including but not limited to providing the child with necessary 
        food, clothing, shelter, education, and other care and control 
        necessary for the child's physical, mental, or emotional health 
        and development, if the parent is physically and financially 
        able, and reasonable efforts by the social service agency have 
        failed to correct the conditions that formed the basis of the 
        petition; or 
           (3) that a parent has been ordered to contribute to the 
        support of the child or financially aid in the child's birth and 
        has continuously failed to do so without good cause.  This 
        clause shall not be construed to state a grounds for termination 
        of parental rights of a noncustodial parent if that parent has 
        not been ordered to or cannot financially contribute to the 
        support of the child or aid in the child's birth; or 
           (4) that a parent is palpably unfit to be a party to the 
        parent and child relationship because of a consistent pattern of 
        specific conduct before the child or of specific conditions 
        directly relating to the parent and child relationship either of 
        which are determined by the court to be of a duration or nature 
        that renders the parent unable, for the reasonably foreseeable 
        future, to care appropriately for the ongoing physical, mental, 
        or emotional needs of the child.  It is presumed that a parent 
        is palpably unfit to be a party to the parent and child 
        relationship upon a showing that: 
           (i) the child was adjudicated in need of protection or 
        services due to circumstances described in section 260.015, 
        subdivision 2a, clause (1), (2), (3), (5), or (8); and 
           (ii) within the three-year period immediately prior to that 
        adjudication, the parent's parental rights to one or more other 
        children were involuntarily terminated under clause (1), (2), 
        (4), or (7), or under clause (5) if the child was initially 
        determined to be in need of protection or services due to 
        circumstances described in section 260.015, subdivision 2a, 
        clause (1), (2), (3), (5), or (8); or 
           (5) that following upon a determination of neglect or 
        dependency, or of a child's need for protection or services, 
        reasonable efforts, under the direction of the court, have 
        failed to correct the conditions leading to the determination.  
        It is presumed that reasonable efforts under this clause have 
        failed upon a showing that: 
           (i) a child has resided out of the parental home under 
        court order for a cumulative period of more than one year within 
        a five-year period following an adjudication of dependency, 
        neglect, need for protection or services under section 260.015, 
        subdivision 2a, clause (1), (2), (3), (6), (8), or (9), or 
        neglected and in foster care, and an order for disposition under 
        section 260.191, including adoption of the case plan required by 
        section 257.071; 
           (ii) conditions leading to the determination will not be 
        corrected within the reasonably foreseeable future.  It is 
        presumed that conditions leading to a child's out-of-home 
        placement will not be corrected in the reasonably foreseeable 
        future upon a showing that the parent or parents have not 
        substantially complied with the court's orders and a reasonable 
        case plan, and the conditions which led to the out-of-home 
        placement have not been corrected; and 
           (iii) reasonable efforts have been made by the social 
        service agency to rehabilitate the parent and reunite the family.
           This clause does not prohibit the termination of parental 
        rights prior to one year after a child has been placed out of 
        the home.  
           It is also presumed that reasonable efforts have failed 
        under this clause upon a showing that: 
           (i) the parent has been diagnosed as chemically dependent 
        by a professional certified to make the diagnosis; 
           (ii) the parent has been required by a case plan to 
        participate in a chemical dependency treatment program; 
           (iii) the treatment programs offered to the parent were 
        culturally, linguistically, and clinically appropriate; 
           (iv) the parent has either failed two or more times to 
        successfully complete a treatment program or has refused at two 
        or more separate meetings with a caseworker to participate in a 
        treatment program; and 
           (v) the parent continues to abuse chemicals.  
        Provided, that this presumption applies only to parents required 
        by a case plan to participate in a chemical dependency treatment 
        program on or after July 1, 1990; or 
           (6) that a child has experienced egregious harm in the 
        parent's care which is of a nature, duration, or chronicity that 
        indicates a lack of regard for the child's well-being, such that 
        a reasonable person would believe it contrary to the best 
        interest of the child or of any child to be in the parent's 
        care; or 
           (7) that in the case of a child born to a mother who was 
        not married to the child's father when the child was conceived 
        nor when the child was born the person is not entitled to notice 
        of an adoption hearing under section 259.49 and either the 
        person has not filed a notice of intent to retain parental 
        rights under section 259.51 or that the notice has been 
        successfully challenged; or 
           (8) that the child is neglected and in foster care. 
        In an action involving an American Indian child, sections 257.35 
        to 257.3579 and the Indian Child Welfare Act, United States 
        Code, title 25, sections 1901 to 1923, control to the extent 
        that the provisions of this section are inconsistent with those 
        laws; or 
           (9) that the parent has been convicted of a crime listed in 
        section 260.012, paragraph (b), clauses (1) to (3). 
           Sec. 30.  Minnesota Statutes 1996, section 260.221, 
        subdivision 5, is amended to read: 
           Subd. 5.  [FINDINGS REGARDING REASONABLE EFFORTS.] In any 
        proceeding under this section, the court shall make specific 
        findings: 
           (1) regarding the nature and extent of efforts made by the 
        social service agency to rehabilitate the parent and reunite the 
        family.; 
           (2) that provision of services or further services for the 
        purpose of rehabilitation and reunification is futile and 
        therefore unreasonable under the circumstances; or 
           (3) that reunification is not required because the parent 
        has been convicted of a crime listed in section 260.012, 
        paragraph (b), clauses (1) to (3). 
           Sec. 31.  Minnesota Statutes 1996, section 260.241, 
        subdivision 1, is amended to read: 
           Subdivision 1.  If, after a hearing, the court finds by 
        clear and convincing evidence that one or more of the conditions 
        set out in section 260.221 exist, it may terminate parental 
        rights.  Upon the termination of parental rights all rights, 
        powers, privileges, immunities, duties, and obligations, 
        including any rights to custody, control, visitation, or support 
        existing between the child and parent shall be severed and 
        terminated and the parent shall have no standing to appear at 
        any further legal proceeding concerning the child.  Provided, 
        however, that a parent whose parental rights are terminated: 
           (1) shall remain liable for the unpaid balance of any 
        support obligation owed under a court order upon the effective 
        date of the order terminating parental rights; and 
           (2) may be a party to a communication or contact agreement 
        under section 259.58. 
           Sec. 32.  Minnesota Statutes 1996, section 260.241, 
        subdivision 3, is amended to read: 
           Subd. 3.  (a) A certified copy of the findings and the 
        order terminating parental rights, and a summary of the court's 
        information concerning the child shall be furnished by the court 
        to the commissioner or the agency to which guardianship is 
        transferred.  The orders shall be on a document separate from 
        the findings.  The court shall furnish the individual to whom 
        guardianship is transferred a copy of the order terminating 
        parental rights. 
           (b) The court shall retain jurisdiction in a case where 
        adoption is the intended permanent placement disposition.  The 
        guardian ad litem and counsel for the child shall continue on 
        the case until an adoption decree is entered.  A hearing must be 
        held every 90 days following termination of parental rights for 
        the court to review progress toward an adoptive placement. 
           (c) The court shall retain jurisdiction in a case where 
        long-term foster care is the permanent disposition.  The 
        guardian ad litem and counsel for the child must be dismissed 
        from the case on the effective date of the permanent placement 
        order.  However, the foster parent and the child, if of 
        sufficient age, must be informed how they may contact a guardian 
        ad litem if the matter is subsequently returned to court. 
           Sec. 33.  [UNIFORM PRIVATE CHIPS PETITION.] 
           The state court administrator shall prepare and make 
        available to court administrators in each county the private 
        CHIPS petition form required by Minnesota Statutes, section 
        260.131, subdivision 1.  
           Sec. 34.  [JUVENILE CODE RECODIFICATION.] 
           The revisor of statutes shall reorganize Minnesota 
        Statutes, chapter 260, and other laws relating to child 
        protection and child welfare services to create separate, 
        comprehensible areas of law dealing with child protection and 
        delinquency in the form of a bill for introduction at the 1998 
        regular legislative session. 
           Sec. 35.  [ADOPTIVE AND FOSTER FAMILY RECRUITMENT.] 
           The commissioner of human services shall explore strategies 
        and incentives to facilitate recruitment of foster and adoptive 
        families.  The commissioner shall report to the supreme court 
        and the chairs of the committees on the judiciary and on health 
        and human services in the house of representatives and the 
        senate by February 1, 1998, on an action proposal and whether 
        any legislation is needed to implement it. 
           Sec. 36.  [COURT CONTINUITY AND CASE MANAGEMENT.] 
           The chief judges of the district courts, in consultation 
        with the state court administrator, shall develop case 
        management systems so that one judge hears all phases of a 
        proceeding on a child in need of protection or services, 
        including permanent placement or adoption, if any.  The chief 
        judges shall consider the "one judge, one family" model and the 
        experience of the Ramsey county pilot project.  
           Sec. 37.  [SOCIAL SERVICE CONTINUITY.] 
           Whenever feasible, managers and directors of local social 
        service agencies should promote continuity and reduce delays in 
        a case by assigning one person until it concludes in 
        reunification or a permanent placement plan. 
           Sec. 38.  [REPEALER.] 
           Minnesota Statutes 1996, section 259.33, is repealed. 
           Sec. 39.  [EFFECTIVE DATE; APPLICATION.] 
           Section 26, paragraph (a), clause (2), applies to children 
        who were first placed outside the home on or after August 1, 
        1995. 
                                   ARTICLE 7
                                 CRIME VICTIMS 
           Section 1.  Minnesota Statutes 1996, section 169.042, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [NOTIFICATION.] A The law enforcement 
        agency that originally received the report of a vehicle theft 
        shall make a reasonable and good-faith effort to notify the 
        victim of a the reported vehicle theft within 48 hours after the 
        agency recovers the vehicle recovering the vehicle or receiving 
        notification that the vehicle has been recovered.  The notice 
        must specify when the recovering law enforcement agency expects 
        to release the vehicle to the owner and how where the owner may 
        pick up the vehicle.  The law enforcement agency that recovers 
        the vehicle must promptly inform the agency that received the 
        theft report that the vehicle is recovered, where the vehicle is 
        located, and when the vehicle can be released to the owner. 
           Sec. 2.  Minnesota Statutes 1996, section 256F.09, 
        subdivision 2, is amended to read: 
           Subd. 2.  [FUNDING.] The commissioner may award grants to 
        create or maintain family visitation centers. 
           In awarding grants to maintain a family visitation center, 
        the commissioner may award a grant to a center that can 
        demonstrate a 35 percent local match, provided the center is 
        diligently exploring and pursuing all available funding options 
        in an effort to become self-sustaining, and those efforts are 
        reported to the commissioner. 
           In awarding grants to create a family visitation center, 
        the commissioner shall give priority to: 
           (1) areas of the state where no other family visitation 
        center or similar facility exists; 
           (2) applicants who demonstrate that private funding for the 
        center is available and will continue; and 
           (3) facilities that are adapted for use to care for 
        children, such as day care centers, religious institutions, 
        community centers, schools, technical colleges, parenting 
        resource centers, and child care referral services.  
           In awarding grants to create or maintain a family 
        visitation center, the commissioner shall require the proposed 
        center to meet standards developed by the commissioner to ensure 
        the safety of the custodial parent and children. 
           Sec. 3.  Minnesota Statutes 1996, section 256F.09, 
        subdivision 3, is amended to read: 
           Subd. 3.  [ADDITIONAL SERVICES.] Each family visitation 
        center may provide parenting and child development classes, and 
        offer support groups to participating custodial parents and hold 
        regular classes designed to assist children who have experienced 
        domestic violence and abuse.  Each family visitation center must 
        have available an individual knowledgeable about or experienced 
        in the provision of services to battered women on its staff, its 
        board of directors, or otherwise available to it for 
        consultation. 
           Sec. 4.  Minnesota Statutes 1996, section 260.161, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PUBLIC INSPECTION OF RECORDS.] Except as 
        otherwise provided in this section, and except for legal records 
        arising from proceedings or portions of proceedings that are 
        public under section 260.155, subdivision 1, none of the records 
        of the juvenile court and none of the records relating to an 
        appeal from a nonpublic juvenile court proceeding, except the 
        written appellate opinion, shall be open to public inspection or 
        their contents disclosed except (a) by order of a court or, (b) 
        as required by sections 245A.04, 611A.03, 611A.04, 611A.06, and 
        629.73, or (c) the name of a juvenile who is the subject of a 
        delinquency petition shall be released to the victim of the 
        alleged delinquent act upon the victim's request; unless it 
        reasonably appears that the request is prompted by a desire on 
        the part of the requester to engage in unlawful activities.  The 
        records of juvenile probation officers and county home schools 
        are records of the court for the purposes of this subdivision.  
        Court services data relating to delinquent acts that are 
        contained in records of the juvenile court may be released as 
        allowed under section 13.84, subdivision 5a.  This subdivision 
        applies to all proceedings under this chapter, including appeals 
        from orders of the juvenile court, except that this subdivision 
        does not apply to proceedings under section 260.255, 260.261, or 
        260.315 when the proceeding involves an adult defendant.  The 
        court shall maintain the confidentiality of adoption files and 
        records in accordance with the provisions of laws relating to 
        adoptions.  In juvenile court proceedings any report or social 
        history furnished to the court shall be open to inspection by 
        the attorneys of record and the guardian ad litem a reasonable 
        time before it is used in connection with any proceeding before 
        the court. 
           When a judge of a juvenile court, or duly authorized agent 
        of the court, determines under a proceeding under this chapter 
        that a child has violated a state or local law, ordinance, or 
        regulation pertaining to the operation of a motor vehicle on 
        streets and highways, except parking violations, the judge or 
        agent shall immediately report the violation to the commissioner 
        of public safety.  The report must be made on a form provided by 
        the department of public safety and must contain the information 
        required under section 169.95. 
           Sec. 5.  Minnesota Statutes 1996, section 260.161, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PEACE OFFICER RECORDS OF CHILDREN.] (a) Except 
        for records relating to an offense where proceedings are public 
        under section 260.155, subdivision 1, peace officers' records of 
        children who are or may be delinquent or who may be engaged in 
        criminal acts shall be kept separate from records of persons 18 
        years of age or older and are private data but shall be 
        disseminated:  (1) by order of the juvenile court, (2) as 
        required by section 126.036, (3) as authorized under section 
        13.82, subdivision 2, (4) to the child or the child's parent or 
        guardian unless disclosure of a record would interfere with an 
        ongoing investigation, or (5) to the Minnesota crime victims 
        reparations board as required by section 611A.56, subdivision 2, 
        clause (f), for the purpose of processing claims for crime 
        victims reparations, or (6) as otherwise provided in this 
        subdivision.  Except as provided in paragraph (c), no 
        photographs of a child taken into custody may be taken without 
        the consent of the juvenile court unless the child is alleged to 
        have violated section 169.121 or 169.129.  Peace officers' 
        records containing data about children who are victims of crimes 
        or witnesses to crimes must be administered consistent with 
        section 13.82, subdivisions 2, 3, 4, and 10.  Any person 
        violating any of the provisions of this subdivision shall be 
        guilty of a misdemeanor. 
           In the case of computerized records maintained about 
        juveniles by peace officers, the requirement of this subdivision 
        that records about juveniles must be kept separate from adult 
        records does not mean that a law enforcement agency must keep 
        its records concerning juveniles on a separate computer system.  
        Law enforcement agencies may keep juvenile records on the same 
        computer as adult records and may use a common index to access 
        both juvenile and adult records so long as the agency has in 
        place procedures that keep juvenile records in a separate place 
        in computer storage and that comply with the special data 
        retention and other requirements associated with protecting data 
        on juveniles. 
           (b) Nothing in this subdivision prohibits the exchange of 
        information by law enforcement agencies if the exchanged 
        information is pertinent and necessary to the requesting agency 
        in initiating, furthering, or completing a criminal 
        investigation. 
           (c) A photograph may be taken of a child taken into custody 
        pursuant to section 260.165, subdivision 1, clause (b), provided 
        that the photograph must be destroyed when the child reaches the 
        age of 19 years.  The commissioner of corrections may photograph 
        juveniles whose legal custody is transferred to the 
        commissioner.  Photographs of juveniles authorized by this 
        paragraph may be used only for institution management purposes, 
        case supervision by parole agents, and to assist law enforcement 
        agencies to apprehend juvenile offenders.  The commissioner 
        shall maintain photographs of juveniles in the same manner as 
        juvenile court records and names under this section. 
           (d) Traffic investigation reports are open to inspection by 
        a person who has sustained physical harm or economic loss as a 
        result of the traffic accident.  Identifying information on 
        juveniles who are parties to traffic accidents may be disclosed 
        as authorized under section 13.82, subdivision 4, and accident 
        reports required under section 169.09 may be released under 
        section 169.09, subdivision 13, unless the information would 
        identify a juvenile who was taken into custody or who is 
        suspected of committing an offense that would be a crime if 
        committed by an adult, or would associate a juvenile with the 
        offense, and the offense is not a minor traffic offense under 
        section 260.193. 
           (e) A law enforcement agency shall notify the principal or 
        chief administrative officer of a juvenile's school of an 
        incident occurring within the agency's jurisdiction if: 
           (1) the agency has probable cause to believe that the 
        juvenile has committed an offense that would be a crime if 
        committed as an adult, that the victim of the offense is a 
        student or staff member of the school, and that notice to the 
        school is reasonably necessary for the protection of the victim; 
        or 
           (2) the agency has probable cause to believe that the 
        juvenile has committed an offense described in subdivision 1b, 
        paragraph (a), clauses (1) to (3), that would be a crime if 
        committed by an adult, regardless of whether the victim is a 
        student or staff member of the school. 
           A law enforcement agency is not required to notify the 
        school under this paragraph if the agency determines that notice 
        would jeopardize an ongoing investigation.  Notwithstanding 
        section 138.17, data from a notice received from a law 
        enforcement agency under this paragraph must be destroyed when 
        the juvenile graduates from the school or at the end of the 
        academic year when the juvenile reaches age 23, whichever date 
        is earlier.  For purposes of this paragraph, "school" means a 
        public or private elementary, middle, or secondary school. 
           (f) In any county in which the county attorney operates or 
        authorizes the operation of a juvenile prepetition or pretrial 
        diversion program, a law enforcement agency or county attorney's 
        office may provide the juvenile diversion program with data 
        concerning a juvenile who is a participant in or is being 
        considered for participation in the program. 
           (g) Upon request of a local social service agency, peace 
        officer records of children who are or may be delinquent or who 
        may be engaged in criminal acts may be disseminated to the 
        agency to promote the best interests of the subject of the data. 
           (h) Upon written request, the prosecuting authority shall 
        release investigative data collected by a law enforcement agency 
        to the victim of a criminal act or alleged criminal act or to 
        the victim's legal representative, except as otherwise provided 
        by this paragraph.  Data shall not be released if: 
           (1) the release to the individual subject of the data would 
        be prohibited under section 13.391; or 
           (2) the prosecuting authority reasonably believes: 
           (i) that the release of that data will interfere with the 
        investigation; or 
           (ii) that the request is prompted by a desire on the part 
        of the requester to engage in unlawful activities. 
           Sec. 6.  Minnesota Statutes 1996, section 480.30, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CHILD ABUSE; DOMESTIC ABUSE; HARASSMENT.] 
        The supreme court's judicial education program must include 
        ongoing training for district court judges on child and 
        adolescent sexual abuse, domestic abuse, harassment, stalking, 
        and related civil and criminal court issues.  The program must 
        include the following: 
           (1) information about the specific needs of victims.  The 
        program must include; 
           (2) education on the causes of sexual abuse and family 
        violence and; 
           (3) education on culturally responsive approaches to 
        serving victims; 
           (4) education on the impacts of domestic abuse and domestic 
        abuse allegations on children and the importance of considering 
        these impacts when making visitation and child custody decisions 
        under chapter 518; and 
           (5) information on alleged and substantiated reports of 
        domestic abuse, including, but not limited to, department of 
        human services survey data. 
           The program also must emphasize the need for the 
        coordination of court and legal victim advocacy services and 
        include education on sexual abuse and domestic abuse programs 
        and policies within law enforcement agencies and prosecuting 
        authorities as well as the court system.  
           Sec. 7.  Minnesota Statutes 1996, section 518.10, is 
        amended to read: 
           518.10 [REQUISITES OF PETITION.] 
           The petition for dissolution of marriage or legal 
        separation shall state and allege: 
           (a) The name and address of the petitioner and any prior or 
        other name used by the petitioner; 
           (b) The name and, if known, the address of the respondent 
        and any prior or other name used by the respondent and known to 
        the petitioner; 
           (c) The place and date of the marriage of the parties; 
           (d) In the case of a petition for dissolution, that either 
        the petitioner or the respondent or both:  
           (1) Has resided in this state for not less than 180 days 
        immediately preceding the commencement of the proceeding, or 
           (2) Has been a member of the armed services and has been 
        stationed in this state for not less than 180 days immediately 
        preceding the commencement of the proceeding, or 
           (3) Has been a domiciliary of this state for not less than 
        180 days immediately preceding the commencement of the 
        proceeding; 
           (e) The name at the time of the petition and any prior or 
        other name, age and date of birth of each living minor or 
        dependent child of the parties born before the marriage or born 
        or adopted during the marriage and a reference to, and the 
        expected date of birth of, a child of the parties conceived 
        during the marriage but not born; 
           (f) Whether or not a separate proceeding for dissolution, 
        legal separation, or custody is pending in a court in this state 
        or elsewhere; 
           (g) In the case of a petition for dissolution, that there 
        has been an irretrievable breakdown of the marriage 
        relationship; 
           (h) In the case of a petition for legal separation, that 
        there is a need for a decree of legal separation; and 
           (i) Any temporary or permanent maintenance, child support, 
        child custody, disposition of property, attorneys' fees, costs 
        and disbursements applied for without setting forth the amounts; 
        and 
           (j) Whether an order for protection under chapter 518B or a 
        similar law of another state that governs the parties or a party 
        and a minor child of the parties is in effect and, if so, the 
        district court or similar jurisdiction in which it was entered. 
           The petition shall be verified by the petitioner or 
        petitioners, and its allegations established by competent 
        evidence.  
           Sec. 8.  Minnesota Statutes 1996, section 518.175, is 
        amended by adding a subdivision to read: 
           Subd. 1a.  [DOMESTIC ABUSE; SUPERVISED VISITATION.] (a) If 
        a custodial parent requests supervised visitation under 
        subdivision 1 or 5 and an order for protection under chapter 
        518B or a similar law of another state is in effect against the 
        noncustodial parent to protect the custodial parent or the 
        child, the judge or judicial officer must consider the order for 
        protection in making a decision regarding visitation. 
           (b) The state court administrator, in consultation with 
        representatives of custodial and noncustodial parents and other 
        interested persons, shall develop standards to be met by persons 
        who are responsible for supervising visitation.  Either parent 
        may challenge the appropriateness of an individual chosen by the 
        court to supervise visitation. 
           Sec. 9.  Minnesota Statutes 1996, section 518.175, 
        subdivision 5, is amended to read: 
           Subd. 5.  The court shall modify an order granting or 
        denying visitation rights whenever modification would serve the 
        best interests of the child.  Except as provided in section 
        631.52, the court may not restrict visitation rights unless it 
        finds that:  
           (1) the visitation is likely to endanger the child's 
        physical or emotional health or impair the child's emotional 
        development; or 
           (2) the noncustodial parent has chronically and 
        unreasonably failed to comply with court-ordered visitation. 
           If the custodial parent makes specific allegations that 
        visitation places the custodial parent or child in danger of 
        harm, the court shall hold a hearing at the earliest possible 
        time to determine the need to modify the order granting 
        visitation rights.  Consistent with subdivision 1a, the court 
        may require a third party, including the local social services 
        agency, to supervise the visitation or may restrict a parent's 
        visitation rights if necessary to protect the custodial parent 
        or child from harm.  
           Sec. 10.  Minnesota Statutes 1996, section 518.179, 
        subdivision 2, is amended to read: 
           Subd. 2.  [APPLICABLE CRIMES.] This section applies to the 
        following crimes or similar crimes under the laws of the United 
        States, or any other state: 
           (1) murder in the first, second, or third degree under 
        section 609.185, 609.19, or 609.195; 
           (2) manslaughter in the first degree under section 609.20; 
           (3) assault in the first, second, or third degree under 
        section 609.221, 609.222, or 609.223; 
           (4) kidnapping under section 609.25; 
           (5) depriving another of custodial or parental rights under 
        section 609.26; 
           (6) soliciting, inducing, or promoting prostitution 
        involving a minor under section 609.322; 
           (7) receiving profit from prostitution involving a minor 
        under section 609.323; 
           (8) criminal sexual conduct in the first degree under 
        section 609.342; 
           (9) criminal sexual conduct in the second degree under 
        section 609.343; 
           (10) criminal sexual conduct in the third degree under 
        section 609.344, subdivision 1, paragraph (c), (f), or (g); 
           (11) solicitation of a child to engage in sexual conduct 
        under section 609.352; 
           (12) incest under section 609.365; 
           (13) malicious punishment of a child under section 609.377; 
        or 
           (14) neglect of a child under section 609.378; 
           (15) terroristic threats under section 609.713; or 
           (16) felony harassment or stalking under section 609.749, 
        subdivision 4. 
           Sec. 11.  Minnesota Statutes 1996, section 518B.01, 
        subdivision 4, is amended to read: 
           Subd. 4.  [ORDER FOR PROTECTION.] There shall exist an 
        action known as a petition for an order for protection in cases 
        of domestic abuse.  
           (a) A petition for relief under this section may be made by 
        any family or household member personally or by a family or 
        household member, a guardian as defined in section 524.1-201, 
        clause (20), or, if the court finds that it is in the best 
        interests of the minor, by a reputable adult age 25 or older on 
        behalf of minor family or household members.  A minor age 16 or 
        older may make a petition on the minor's own behalf against a 
        spouse or former spouse, or a person with whom the minor has a 
        child in common, if the court determines that the minor has 
        sufficient maturity and judgment and that it is in the best 
        interests of the minor. 
           (b) A petition for relief shall allege the existence of 
        domestic abuse, and shall be accompanied by an affidavit made 
        under oath stating the specific facts and circumstances from 
        which relief is sought.  
           (c) A petition for relief must state whether the petitioner 
        has ever had an order for protection in effect against the 
        respondent. 
           (d) A petition for relief must state whether there is an 
        existing order for protection in effect under this chapter 
        governing both the parties and whether there is a pending 
        lawsuit, complaint, petition or other action between the parties 
        under chapter 257, 518, 518A, 518B, or 518C.  The court 
        administrator shall verify the terms of any existing order 
        governing the parties.  The court may not delay granting relief 
        because of the existence of a pending action between the parties 
        or the necessity of verifying the terms of an existing order.  A 
        subsequent order in a separate action under this chapter may 
        modify only the provision of an existing order that grants 
        relief authorized under subdivision 6, paragraph (a), clause 
        (1).  A petition for relief may be granted, regardless of 
        whether there is a pending action between the parties.  
           (e) The court shall provide simplified forms and clerical 
        assistance to help with the writing and filing of a petition 
        under this section.  
           (f) The court shall advise a petitioner under paragraph (e) 
        of the right to file a motion and affidavit and to sue in forma 
        pauperis pursuant to section 563.01 and shall assist with the 
        writing and filing of the motion and affidavit.  
           (g) The court shall advise a petitioner under paragraph (e) 
        of the right to serve the respondent by published notice under 
        subdivision 5, paragraph (b), if the respondent is avoiding 
        personal service by concealment or otherwise, and shall assist 
        with the writing and filing of the affidavit. 
           (h) The court shall advise the petitioner of the right to 
        seek restitution under the petition for relief. 
           (i) The court shall advise the petitioner of the right to 
        request a hearing under subdivision 7, paragraph (c).  If the 
        petitioner does not request a hearing, the court shall advise 
        the petitioner that the respondent may request a hearing and 
        that notice of the hearing date and time will be provided to the 
        petitioner by mail at least five days before the hearing. 
           (j) The court shall advise the petitioner of the right to 
        request supervised visitation, as provided in section 518.175, 
        subdivision 1a. 
           Sec. 12.  Minnesota Statutes 1996, section 518B.01, 
        subdivision 8, is amended to read: 
           Subd. 8.  [SERVICE; ALTERNATE SERVICE; PUBLICATION; 
        NOTICE.] (a) The petition and any order issued under this 
        section shall be served on the respondent personally. 
           (b) When service is made out of this state and in the 
        United States, it may be proved by the affidavit of the person 
        making the service.  When service is made outside the United 
        States, it may be proved by the affidavit of the person making 
        the service, taken before and certified by any United States 
        minister, charge d'affaires, commissioner, consul, or commercial 
        agent, or other consular or diplomatic officer of the United 
        States appointed to reside in the other country, including all 
        deputies or other representatives of the officer authorized to 
        perform their duties; or before an office authorized to 
        administer an oath with the certificate of an officer of a court 
        of record of the country in which the affidavit is taken as to 
        the identity and authority of the officer taking the affidavit.  
           (c) If personal service cannot be made, the court may order 
        service of the petition and any order issued under this section 
        by alternate means, or by publication, which publication must be 
        made as in other actions.  The application for alternate service 
        must include the last known location of the respondent; the 
        petitioner's most recent contacts with the respondent; the last 
        known location of the respondent's employment; the names and 
        locations of the respondent's parents, siblings, children, and 
        other close relatives; the names and locations of other persons 
        who are likely to know the respondent's whereabouts; and a 
        description of efforts to locate those persons. 
           The court shall consider the length of time the 
        respondent's location has been unknown, the likelihood that the 
        respondent's location will become known, the nature of the 
        relief sought, and the nature of efforts made to locate the 
        respondent.  The court shall order service by first class mail, 
        forwarding address requested, to any addresses where there is a 
        reasonable possibility that mail or information will be 
        forwarded or communicated to the respondent.  
           The court may also order publication, within or without the 
        state, but only if it might reasonably succeed in notifying the 
        respondent of the proceeding.  Service shall be deemed complete 
        14 days after mailing or 14 days after court-ordered publication.
           (d) A petition and any order issued under this section must 
        include a notice to the respondent that if an order for 
        protection is issued to protect the petitioner or a child of the 
        parties, upon request of the petitioner in any visitation 
        proceeding, the court shall consider the order for protection in 
        making a decision regarding visitation.  
           Sec. 13.  Minnesota Statutes 1996, section 518B.01, 
        subdivision 14, is amended to read: 
           Subd. 14.  [VIOLATION OF AN ORDER FOR PROTECTION.] (a) 
        Whenever an order for protection is granted pursuant to this 
        section or a similar law of another state, and the respondent or 
        person to be restrained knows of the order, violation of the 
        order for protection is a misdemeanor.  Upon conviction, the 
        defendant must be sentenced to a minimum of three days 
        imprisonment and must be ordered to participate in counseling or 
        other appropriate programs selected by the court.  If the court 
        stays imposition or execution of the jail sentence and the 
        defendant refuses or fails to comply with the court's treatment 
        order, the court must impose and execute the stayed jail 
        sentence.  A person is guilty of a gross misdemeanor who 
        violates this paragraph during the time period between a 
        previous conviction under this paragraph; sections 609.221 to 
        609.224; 609.2242; 609.713, subdivision 1 or 3; 609.748, 
        subdivision 6; 609.749; or a similar law of another state and 
        the end of the five years following discharge from sentence for 
        that conviction.  Upon conviction, the defendant must be 
        sentenced to a minimum of ten days imprisonment and must be 
        ordered to participate in counseling or other appropriate 
        programs selected by the court.  Notwithstanding section 
        609.135, the court must impose and execute the minimum sentence 
        provided in this paragraph for gross misdemeanor convictions. 
           (b) A peace officer shall arrest without a warrant and take 
        into custody a person whom the peace officer has probable cause 
        to believe has violated an order granted pursuant to this 
        section or a similar law of another state restraining the person 
        or excluding the person from the residence or the petitioner's 
        place of employment, even if the violation of the order did not 
        take place in the presence of the peace officer, if the 
        existence of the order can be verified by the officer.  The 
        person shall be held in custody for at least 36 hours, excluding 
        the day of arrest, Sundays, and holidays, unless the person is 
        released earlier by a judge or judicial officer.  A peace 
        officer acting in good faith and exercising due care in making 
        an arrest pursuant to this paragraph is immune from civil 
        liability that might result from the officer's actions. 
           (c) A violation of an order for protection shall also 
        constitute contempt of court and be subject to the penalties 
        therefor.  
           (d) If the court finds that the respondent has violated an 
        order for protection and that there is reason to believe that 
        the respondent will commit a further violation of the provisions 
        of the order restraining the respondent from committing acts of 
        domestic abuse or excluding the respondent from the petitioner's 
        residence, the court may require the respondent to acknowledge 
        an obligation to comply with the order on the record.  The court 
        may require a bond sufficient to deter the respondent from 
        committing further violations of the order for protection, 
        considering the financial resources of the respondent, and not 
        to exceed $10,000.  If the respondent refuses to comply with an 
        order to acknowledge the obligation or post a bond under this 
        paragraph, the court shall commit the respondent to the county 
        jail during the term of the order for protection or until the 
        respondent complies with the order under this paragraph.  The 
        warrant must state the cause of commitment, with the sum and 
        time for which any bond is required.  If an order is issued 
        under this paragraph, the court may order the costs of the 
        contempt action, or any part of them, to be paid by the 
        respondent.  An order under this paragraph is appealable.  
           (e) Upon the filing of an affidavit by the petitioner, any 
        peace officer, or an interested party designated by the court, 
        alleging that the respondent has violated any order for 
        protection granted pursuant to this section or a similar law of 
        another state, the court may issue an order to the respondent, 
        requiring the respondent to appear and show cause within 14 days 
        why the respondent should not be found in contempt of court and 
        punished therefor.  The hearing may be held by the court in any 
        county in which the petitioner or respondent temporarily or 
        permanently resides at the time of the alleged violation, or in 
        the county in which the alleged violation occurred, if the 
        petitioner and respondent do not reside in this state.  The 
        court also shall refer the violation of the order for protection 
        to the appropriate prosecuting authority for possible 
        prosecution under paragraph (a). 
           (f) If it is alleged that the respondent has violated an 
        order for protection issued under subdivision 6 or a similar law 
        of another state and the court finds that the order has expired 
        between the time of the alleged violation and the court's 
        hearing on the violation, the court may grant a new order for 
        protection under subdivision 6 based solely on the respondent's 
        alleged violation of the prior order, to be effective until the 
        hearing on the alleged violation of the prior order.  If the 
        court finds that the respondent has violated the prior order, 
        the relief granted in the new order for protection shall be 
        extended for a fixed period, not to exceed one year, except when 
        the court determines a longer fixed period is appropriate. 
           (g) The admittance into petitioner's dwelling of an abusing 
        party excluded from the dwelling under an order for protection 
        is not a violation by the petitioner of the order for protection.
           A peace officer is not liable under section 609.43, clause 
        (1), for a failure to perform a duty required by paragraph (b). 
           (h) When a person is convicted under paragraph (a) of 
        violating an order for protection under this section and the 
        court determines that the person used a firearm in any way 
        during commission of the violation, the court may order that the 
        person is prohibited from possessing any type of firearm for any 
        period longer than three years or for the remainder of the 
        person's life.  A person who violates this paragraph is guilty 
        of a gross misdemeanor.  At the time of the conviction, the 
        court shall inform the defendant whether and for how long the 
        defendant is prohibited from possessing a firearm and that it is 
        a gross misdemeanor to violate this paragraph.  The failure of 
        the court to provide this information to a defendant does not 
        affect the applicability of the firearm possession prohibition 
        or the gross misdemeanor penalty to that defendant. 
           (i) Except as otherwise provided in paragraph (h), when a 
        person is convicted under paragraph (a) of violating an order 
        for protection under this section, the court shall inform the 
        defendant that the defendant is prohibited from possessing a 
        pistol for three years from the date of conviction and that it 
        is a gross misdemeanor offense to violate this prohibition.  The 
        failure of the court to provide this information to a defendant 
        does not affect the applicability of the pistol possession 
        prohibition or the gross misdemeanor penalty to that defendant. 
           (j) Except as otherwise provided in paragraph (h), a person 
        is not entitled to possess a pistol if the person has been 
        convicted under paragraph (a) after August 1, 1996, of violating 
        an order for protection under this section, unless three years 
        have elapsed from the date of conviction and, during that time, 
        the person has not been convicted of any other violation of this 
        section.  Property rights may not be abated but access may be 
        restricted by the courts.  A person who possesses a pistol in 
        violation of this paragraph is guilty of a gross misdemeanor. 
           (k) If the court determines that a person convicted under 
        paragraph (a) of violating an order for protection under this 
        section owns or possesses a firearm and used it in any way 
        during the commission of the violation, it shall order that the 
        firearm be summarily forfeited under section 609.5316, 
        subdivision 3. 
           Sec. 14.  Minnesota Statutes 1996, section 518B.01, 
        subdivision 17, is amended to read: 
           Subd. 17.  [EFFECT ON CUSTODY PROCEEDINGS.] In a subsequent 
        custody proceeding the court may must consider, but is not bound 
        by, a finding in a proceeding under this chapter or under a 
        similar law of another state that domestic abuse has occurred 
        between the parties. 
           Sec. 15.  Minnesota Statutes 1996, section 518B.01, 
        subdivision 18, is amended to read: 
           Subd. 18.  [NOTICES.] Each order for protection granted 
        under this chapter must contain a conspicuous notice to the 
        respondent or person to be restrained that: 
           (1) violation of an order for protection is a misdemeanor 
        punishable by imprisonment for up to 90 days or a fine of up to 
        $700 or both; 
           (2) the respondent is forbidden to enter or stay at the 
        petitioner's residence, even if invited to do so by the 
        petitioner or any other person; in no event is the order for 
        protection voided; and 
           (3) a peace officer must arrest without warrant and take 
        into custody a person whom the peace officer has probable cause 
        to believe has violated an order for protection restraining the 
        person or excluding the person from a residence; and 
           (4) pursuant to the Violence Against Women Act of 1994, 
        United States Code, title 18, section 2265, the order is 
        enforceable in all 50 states, the District of Columbia, tribal 
        lands, and United States territories, that violation of the 
        order may also subject the respondent to federal charges and 
        punishment under United States Code, title 18, sections 2261 and 
        2262, and that if a final order is entered against the 
        respondent after the hearing, the respondent may be prohibited 
        from possessing, transporting, or accepting a firearm under the 
        1994 amendment to the Gun Control Act, United States Code, title 
        18, section 922(g)(8). 
           Sec. 16.  Minnesota Statutes 1996, section 609.10, is 
        amended to read: 
           609.10 [SENTENCES AVAILABLE.] 
           Subdivision 1.  [SENTENCES AVAILABLE.] Upon conviction of a 
        felony and compliance with the other provisions of this chapter 
        the court, if it imposes sentence, may sentence the defendant to 
        the extent authorized by law as follows: 
           (1) to life imprisonment; or 
           (2) to imprisonment for a fixed term of years set by the 
        court; or 
           (3) to both imprisonment for a fixed term of years and 
        payment of a fine; or 
           (4) to payment of a fine without imprisonment or to 
        imprisonment for a fixed term of years if the fine is not paid; 
        or 
           (5) to payment of court-ordered restitution in addition to 
        either imprisonment or payment of a fine, or both; or 
           (6) to payment of a local correctional fee as authorized 
        under section 609.102 in addition to any other sentence imposed 
        by the court. 
           Subd. 2.  [RESTITUTION.] (a) As used in this section, 
        "restitution" includes: 
           (i) (1) payment of compensation to the victim or the 
        victim's family; and 
           (ii) (2) if the victim is deceased or already has been 
        fully compensated, payment of money to a victim assistance 
        program or other program directed by the court. 
           In controlled substance crime cases, "restitution" also 
        includes payment of compensation to a government entity that 
        incurs loss as a direct result of the controlled substance crime.
           "Restitution" includes payment of compensation to a 
        government entity that incurs loss as a direct result of a crime.
           (b) When the defendant does not pay the entire amount of 
        court-ordered restitution and the fine at the same time, the 
        court may order that all restitution shall be paid before the 
        fine is paid. 
           Sec. 17.  Minnesota Statutes 1996, section 609.125, is 
        amended to read: 
           609.125 [SENTENCE FOR MISDEMEANOR OR GROSS MISDEMEANOR.] 
           Subdivision 1.  [SENTENCES AVAILABLE.] Upon conviction of a 
        misdemeanor or gross misdemeanor the court, if sentence is 
        imposed, may, to the extent authorized by law, sentence the 
        defendant: 
           (1) to imprisonment for a definite term; or 
           (2) to payment of a fine, or to imprisonment for a 
        specified term if the fine is not paid; or 
           (3) to both imprisonment for a definite term and payment of 
        a fine; or 
           (4) to payment of court-ordered restitution in addition to 
        either imprisonment or payment of a fine, or both; or 
           (5) to payment of a local correctional fee as authorized 
        under section 609.102 in addition to any other sentence imposed 
        by the court. 
           Subd. 2.  [RESTITUTION.] (a) As used in this section, 
        "restitution" includes: 
           (i) (1) payment of compensation to the victim or the 
        victim's family; and 
           (ii) (2) if the victim is deceased or already has been 
        fully compensated, payment of money to a victim assistance 
        program or other program directed by the court. 
           In controlled substance crime cases, "restitution" also 
        includes payment of compensation to a government entity that 
        incurs loss as a direct result of the controlled substance crime.
           "Restitution" includes payment of compensation to a 
        government entity that incurs loss as a direct result of a crime.
           (b) When the defendant does not pay the entire amount of 
        court-ordered restitution and the fine at the same time, the 
        court may order that all restitution shall be paid before the 
        fine is paid. 
           Sec. 18.  Minnesota Statutes 1996, section 609.2244, is 
        amended to read: 
           609.2244 [PRESENTENCE DOMESTIC ABUSE ASSESSMENTS 
        INVESTIGATIONS.] 
           Subdivision 1.  [DOMESTIC ABUSE ASSESSMENT INVESTIGATION.] 
        A presentence domestic abuse assessment investigation must be 
        conducted and an assessment a report submitted to the court by 
        the county corrections agency responsible for administering the 
        assessment conducting the investigation when: 
           (1) a defendant is convicted of an offense described in 
        section 518B.01, subdivision 2; or 
           (2) a defendant is arrested for committing an offense 
        described in section 518B.01, subdivision 2, but is convicted of 
        another offense arising out of the same circumstances 
        surrounding the arrest. 
           Subd. 2.  [REPORT.] (a) The assessment report must contain 
        an evaluation of the convicted defendant department of 
        corrections shall establish minimum standards for the report, 
        including the circumstances of the offense, impact on the 
        victim, the defendant's prior record, characteristics and 
        history of alcohol and chemical use problems, and amenability to 
        domestic abuse counseling programs.  The report is classified as 
        private data on individuals as defined in section 13.02, 
        subdivision 12.  Victim impact statements are confidential. 
           (b) The assessment report must include: 
           (1) a recommendation on any limitations on contact with the 
        victim and other measures to ensure the victim's safety; 
           (2) a recommendation for the defendant to enter and 
        successfully complete domestic abuse counseling programming and 
        any aftercare found necessary by the assessment investigation; 
           (3) a recommendation for chemical dependency evaluation and 
        treatment as determined by the evaluation whenever alcohol or 
        drugs were found to be a contributing factor to the offense; 
           (4) recommendations for other appropriate remedial action 
        or care, which may consist of educational programs, one-on-one 
        counseling, a program or type of treatment that addresses mental 
        health concerns, or a specific explanation why no level of care 
        or action is recommended; and 
           (5) consequences for failure to abide by conditions set up 
        by the court. 
           Subd. 3.  [ASSESSOR CORRECTIONS AGENTS STANDARDS; RULES; 
        ASSESSMENT INVESTIGATION TIME LIMITS.] A domestic 
        abuse assessment investigation required by this section must be 
        conducted by an assessor approved by the court, the local 
        corrections department, or the commissioner of corrections.  The 
        assessor corrections agent shall have access to any police 
        reports or other law enforcement data relating to the current 
        offense or previous offenses that are necessary to complete the 
        evaluation.  An assessor providing A corrections agent 
        conducting an assessment investigation under this section may 
        not have any direct or shared financial interest or referral 
        relationship resulting in shared financial gain with a treatment 
        provider.  An appointment for the defendant to undergo 
        the assessment shall investigation must be made by the court, a 
        court services probation officer, or court administrator as soon 
        as possible but in no case more than one week after the 
        defendant's court appearance.  The assessment must be completed 
        no later than three weeks after the defendant's court date. 
           Subd. 4.  [DOMESTIC ABUSE ASSESSMENT INVESTIGATION FEE.] 
        When the court sentences a person convicted of an offense 
        described in section 518B.01, subdivision 2, the court shall 
        impose a domestic abuse assessment investigation fee of at least 
        $50 but not more than $125.  This fee must be imposed whether 
        the sentence is executed, stayed, or suspended.  The court may 
        not waive payment or authorize payment of the fee in 
        installments unless it makes written findings on the record that 
        the convicted person is indigent or that the fee would create 
        undue hardship for the convicted person or that person's 
        immediate family.  The person convicted of the offense and 
        ordered to pay the fee shall pay the fee to the county 
        corrections department or other designated agencies conducting 
        the assessment investigation. 
           Sec. 19.  Minnesota Statutes 1996, section 611A.01, is 
        amended to read: 
           611A.01 [DEFINITIONS.] 
           For the purposes of sections 611A.01 to 611A.06: 
           (a) "Crime" means conduct that is prohibited by local 
        ordinance and results in bodily harm to an individual; or 
        conduct that is included within the definition of "crime" in 
        section 609.02, subdivision 1, or would be included within that 
        definition but for the fact that (i) the person engaging in the 
        conduct lacked capacity to commit the crime under the laws of 
        this state, or (ii) the act was alleged or found to have been 
        committed by a juvenile; 
           (b) "Victim" means a natural person who incurs loss or harm 
        as a result of a crime, including a good faith effort to prevent 
        a crime, and for purposes of sections 611A.04 and 611A.045, also 
        includes (i) a corporation that incurs loss or harm as a result 
        of a crime, and (ii) a government entity that incurs loss or 
        harm as a result of a crime, and (iii) any other entity 
        authorized to receive restitution under section 609.10 or 
        609.125.  If the victim is a natural person and is deceased, 
        "victim" means the deceased's surviving spouse or next of kin; 
        and 
           (c) "Juvenile" has the same meaning as given to the term 
        "child" in section 260.015, subdivision 2.  
           Sec. 20.  Minnesota Statutes 1996, section 611A.035, is 
        amended to read: 
           611A.035 [CONFIDENTIALITY OF VICTIM'S ADDRESS.] 
           Subdivision 1.  [DISCRETION OF PROSECUTOR NOT TO DISCLOSE.] 
        A prosecutor may elect not to disclose a victim's or witness's 
        home or employment address or telephone number if the prosecutor 
        certifies to the trial court that: 
           (1) the defendant or respondent has been charged with or 
        alleged to have committed a crime; 
           (2) the nondisclosure is needed to address the victim's or 
        witness's concerns about safety or security; and 
           (3) the victim's or witness's home or employment address or 
        telephone number is not relevant to the prosecution's case. 
           If such a certification is made, the prosecutor must move 
        at a contested hearing for the court's permission to continue to 
        withhold this information. 
           The court shall either: 
           (1) order the information disclosed to defense counsel, but 
        order it not disclosed to the defendant; or 
           (2) order the prosecutor to arrange a confidential meeting 
        between defense counsel, or his or her agent, and the victim or 
        witness, at a neutral location. 
           This subdivision shall not be construed to compel a victim 
        or witness to give any statement to or attend any meeting with 
        defense counsel or defense counsel's agent. 
           Subd. 2.  [WITNESS TESTIMONY IN COURT.] No victim or 
        witness providing testimony in court proceedings may be 
        compelled to state a home or employment address on the record in 
        open court unless the court finds that the testimony would be 
        relevant evidence. 
           Sec. 21.  Minnesota Statutes 1996, section 611A.038, is 
        amended to read: 
           611A.038 [RIGHT TO SUBMIT STATEMENT AT SENTENCING.] 
           (a) A victim has the right to submit an impact statement to 
        the court at the time of sentencing or disposition hearing.  The 
        impact statement may be presented to the court orally or in 
        writing, at the victim's option.  If the victim requests, the 
        prosecutor must orally present the statement to the court. 
           Statements may include the following, subject to reasonable 
        limitations as to time and length: 
           (1) a summary of the harm or trauma suffered by the victim 
        as a result of the crime; 
           (2) a summary of the economic loss or damage suffered by 
        the victim as a result of the crime; and 
           (3) a victim's reaction to the proposed sentence or 
        disposition. 
           (b) A representative of the community affected by the crime 
        may submit an impact statement in the same manner that a victim 
        may as provided in paragraph (a).  This impact statement shall 
        describe the adverse social or economic effects the offense has 
        had on persons residing and businesses operating in the 
        community where the offense occurred. 
           (c) If the court permits the defendant or anyone speaking 
        on the defendant's behalf to present a statement to the court, 
        the court shall limit the response to factual issues which are 
        relevant to sentencing. 
           (d) Nothing in this section shall be construed to extend 
        the defendant's right to address the court under section 631.20. 
           Sec. 22.  Minnesota Statutes 1996, section 611A.039, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [NOTICE REQUIRED.] Except as otherwise 
        provided in subdivision 2, within 15 working days after a 
        conviction, acquittal, or dismissal in a criminal case in which 
        there is an identifiable crime victim, the prosecutor shall make 
        reasonable good faith efforts to provide to each affected crime 
        victim oral or written notice of the final disposition of the 
        case.  When the court is considering modifying the sentence for 
        a felony or a crime of violence or an attempted crime of 
        violence, the court or its designee shall make a reasonable and 
        good faith effort to notify the victim of the crime.  If the 
        victim is incapacitated or deceased, notice must be given to the 
        victim's family.  If the victim is a minor, notice must be given 
        to the victim's parent or guardian.  The notice must include: 
           (1) the date and approximate time of the review; 
           (2) the location where the review will occur; 
           (3) the name and telephone number of a person to contact 
        for additional information; and 
           (4) a statement that the victim and victim's family may 
        provide input to the court concerning the sentence modification. 
           As used in this section, "crime of violence" has the 
        meaning given in section 624.712, subdivision 5, and also 
        includes gross misdemeanor violations of section 609.224, and 
        nonfelony violations of sections 518B.01, 609.2231, 609.3451, 
        609.748, and 609.749. 
           Sec. 23.  [611A.0395] [RIGHT TO INFORMATION REGARDING 
        DEFENDANT'S APPEAL.] 
           Subdivision 1.  [PROSECUTING ATTORNEY TO NOTIFY 
        VICTIMS.] (a) The prosecuting attorney shall make a reasonable 
        and good faith effort to provide to each affected victim oral or 
        written notice of a pending appeal.  This notice must be 
        provided within 30 days of filing of the respondent's brief.  
        The notice must contain a brief explanation of the contested 
        issues or a copy of the brief, an explanation of the applicable 
        process, information about scheduled oral arguments or hearings, 
        a statement that the victim and the victim's family may attend 
        the argument or hearing, and the name and telephone number of a 
        person that may be contacted for additional information. 
           (b) In a criminal case in which there is an identifiable 
        crime victim, within 15 working days of a final decision on an 
        appeal, the prosecuting attorney shall make a reasonable and 
        good faith effort to provide to each affected victim oral or 
        written notice of the decision.  This notice must include a 
        brief explanation of what effect, if any, the decision has upon 
        the judgment of the trial court and the name and telephone 
        number of a person that may be contacted for additional 
        information. 
           Subd. 2.  [EXCEPTION.] The notices described in subdivision 
        1 do not have to be given to victims who have previously 
        indicated a desire not to be notified. 
           Sec. 24.  Minnesota Statutes 1996, section 611A.04, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [PAYMENT OF RESTITUTION.] When the court orders 
        both the payment of restitution and the payment of a fine and 
        the defendant does not pay the entire amount of court-ordered 
        restitution and the fine at the same time, the court may order 
        that all restitution shall be paid before the fine is paid. 
           Sec. 25.  Minnesota Statutes 1996, section 611A.045, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CRITERIA.] (a) The court, in determining 
        whether to order restitution and the amount of the restitution, 
        shall consider the following factors: 
           (1) the amount of economic loss sustained by the victim as 
        a result of the offense; and 
           (2) the income, resources, and obligations of the defendant.
           (b) If there is more than one victim of a crime, the court 
        shall give priority to victims who are not governmental entities 
        when ordering restitution. 
           Sec. 26.  Minnesota Statutes 1996, section 611A.25, 
        subdivision 3, is amended to read: 
           Subd. 3.  [TERMS; VACANCIES; EXPENSES.] Section 15.059 
        governs the filling of vacancies and removal of members of the 
        sexual assault advisory council.  The terms of the members of 
        the advisory council shall be two years.  No member may serve on 
        the advisory council for more than two consecutive terms.  The 
        council expires on June 30, 2001.  Council members shall receive 
        expense reimbursement as specified in section 15.059.  
           Sec. 27.  Minnesota Statutes 1996, section 611A.361, 
        subdivision 3, is amended to read: 
           Subd. 3.  [TERMS; VACANCIES; EXPENSES.] Section 15.059 
        governs the filling of vacancies and removal of members of the 
        general crime victims advisory council.  The terms of the 
        members of the advisory council shall be two years.  No member 
        may serve on the advisory council for more than two consecutive 
        terms.  The council expires on June 30, 2001.  Council members 
        shall receive expense reimbursement as specified in section 
        15.059. 
           Sec. 28.  Minnesota Statutes 1996, section 611A.52, 
        subdivision 6, is amended to read: 
           Subd. 6.  [CRIME.] (a) "Crime" means conduct that:  
           (1) occurs or is attempted anywhere within the geographical 
        boundaries of this state, including Indian reservations and 
        other trust lands; 
           (2) poses a substantial threat of personal injury or death; 
        and 
           (3) is included within the definition of "crime" in section 
        609.02, subdivision 1, or would be included within that 
        definition but for the fact that (i) the person engaging in the 
        conduct lacked capacity to commit the crime under the laws of 
        this state; or (ii) the act was alleged or found to have been 
        committed by a juvenile.  
           (b) A crime occurs whether or not any person is prosecuted 
        or convicted but the conviction of a person whose acts give rise 
        to the claim is conclusive evidence that a crime was committed 
        unless an application for rehearing, appeal, or petition for 
        certiorari is pending or a new trial or rehearing has been 
        ordered.  
           (c) "Crime" does not include an act involving the operation 
        of a motor vehicle, aircraft, or watercraft that results in 
        injury or death, except that a crime includes any of the 
        following: 
           (1) injury or death intentionally inflicted through the use 
        of a motor vehicle, aircraft, or watercraft; 
           (2) injury or death caused by a driver in violation of 
        section 169.09, subdivision 1; 169.121; or 609.21; and 
           (3) injury or death caused by a driver of a motor vehicle 
        in the immediate act of fleeing the scene of a crime in which 
        the driver knowingly and willingly participated. 
           (d) Notwithstanding paragraph (a), "crime" includes an act 
        of international terrorism as defined in United States Code, 
        title 18, section 2331, committed outside of the United States 
        against a resident of this state. 
           Sec. 29.  Minnesota Statutes 1996, section 611A.52, 
        subdivision 8, is amended to read: 
           Subd. 8.  [ECONOMIC LOSS.] "Economic loss" means actual 
        economic detriment incurred as a direct result of injury or 
        death.  
           (a) In the case of injury the term is limited to:  
           (1) reasonable expenses incurred for necessary medical, 
        chiropractic, hospital, rehabilitative, and dental products, 
        services, or accommodations, including ambulance services, 
        drugs, appliances, and prosthetic devices; 
           (2) reasonable expenses associated with recreational 
        therapy where a claimant has suffered amputation of a limb; 
           (3) reasonable expenses incurred for psychological or 
        psychiatric products, services, or accommodations, not to exceed 
        an amount to be set by the board, where the nature of the injury 
        or the circumstances of the crime are such that the treatment is 
        necessary to the rehabilitation of the victim; 
           (4) loss of income that the victim would have earned had 
        the victim not been injured; 
           (5) reasonable expenses incurred for substitute child care 
        or household services to replace those the victim or claimant 
        would have performed had the victim or the claimant's child not 
        been injured.  As used in this clause, "child care services" 
        means services provided by facilities licensed under and in 
        compliance with either Minnesota Rules, parts 9502.0315 to 
        9502.0445, or 9545.0510 to 9545.0670, or exempted from licensing 
        requirements pursuant to section 245A.03.  Licensed facilities 
        must be paid at a rate not to exceed their standard rate of 
        payment.  Facilities exempted from licensing requirements must 
        be paid at a rate not to exceed $3 an hour per child for daytime 
        child care or $4 an hour per child for evening child care; and 
           (6) reasonable expenses actually incurred to return a child 
        who was a victim of a crime under section 609.25 or 609.26 to 
        the child's parents or lawful custodian.  These expenses are 
        limited to transportation costs, meals, and lodging from the 
        time the child was located until the child was returned home.  
           (b) In the case of death the term is limited to:  
           (1) reasonable expenses actually incurred for funeral, 
        burial, or cremation, not to exceed an amount to be determined 
        by the board on the first day of each fiscal year; 
           (2) reasonable expenses for medical, chiropractic, 
        hospital, rehabilitative, psychological and psychiatric 
        services, products or accommodations which were incurred prior 
        to the victim's death and for which the victim's survivors or 
        estate are liable; 
           (3) loss of support, including contributions of money, 
        products or goods, but excluding services which the victim would 
        have supplied to dependents if the victim had lived; and 
           (4) reasonable expenses incurred for substitute child care 
        and household services to replace those which the victim or 
        claimant would have performed for the benefit of dependents if 
        the victim or the claimant's child had lived.  
           Claims for loss of support for minor children made under 
        clause (3) must be paid for three years or until the child 
        reaches 18 years old, whichever is the shorter period.  After 
        three years, if the child is younger than 18 years old a claim 
        for loss of support may be resubmitted to the board, and the 
        board staff shall evaluate the claim giving consideration to the 
        child's financial need and to the availability of funds to the 
        board.  Claims for loss of support for a spouse made under 
        clause (3) shall also be reviewed at least once every three 
        years.  The board staff shall evaluate the claim giving 
        consideration to the spouse's financial need and to the 
        availability of funds to the board.  
           Claims for substitute child care services made under clause 
        (4) must be limited to the actual care that the deceased victim 
        would have provided to enable surviving family members to pursue 
        economic, educational, and other activities other than 
        recreational activities. 
           Sec. 30.  Minnesota Statutes 1996, section 611A.53, 
        subdivision 1b, is amended to read: 
           Subd. 1b.  [MINNESOTA RESIDENTS INJURED ELSEWHERE.] (a) A 
        Minnesota resident who is the victim of a crime committed 
        outside the geographical boundaries of this state but who 
        otherwise meets the requirements of this section shall have the 
        same rights under this chapter as if the crime had occurred 
        within this state upon a showing that the state, territory, or 
        United States possession in which the crime occurred does not 
        have a crime victim reparations law covering the resident's 
        injury or death.  
           (b) Notwithstanding paragraph (a), a Minnesota resident who 
        is the victim of a crime involving international terrorism who 
        otherwise meets the requirements of this section, has the same 
        rights under this chapter as if the crime had occurred within 
        this state regardless of where the crime occurred or whether the 
        jurisdiction has a crime victims reparations law. 
           Sec. 31.  Minnesota Statutes 1996, section 611A.675, is 
        amended to read: 
           611A.675 [FUND FOR EMERGENCY NEEDS OF CRIME VICTIMS.] 
           Subdivision 1.  [GRANTS AUTHORIZED.] The crime victims 
        reparations board victim and witness advisory council shall make 
        grants to local law enforcement agencies prosecutors and victim 
        assistance programs for the purpose of providing emergency 
        assistance to victims.  As used in this section, "emergency 
        assistance" includes but is not limited to: 
           (1) replacement of necessary property that was lost, 
        damaged, or stolen as a result of the crime; 
           (2) purchase and installation of necessary home security 
        devices; and 
           (3) transportation to locations related to the victim's 
        needs as a victim, such as medical facilities and facilities of 
        the criminal justice system; 
           (4) cleanup of the crime scene; and 
           (5) reimbursement for reasonable travel and living expenses 
        the victim incurred to attend court proceedings that were held 
        at a location other than the place where the crime occurred due 
        to a change of venue. 
           Subd. 2.  [APPLICATION FOR GRANTS.] A city or county 
        sheriff or the chief administrative officer of a municipal 
        police department attorney's office or victim assistance program 
        may apply to the board council for a grant for any of the 
        purposes described in subdivision 1 or for any other emergency 
        assistance purpose approved by the board council.  The 
        application must be on forms and pursuant to procedures 
        developed by the board council.  The application must describe 
        the type or types of intended emergency assistance, estimate the 
        amount of money required, and include any other information 
        deemed necessary by the board council. 
           Subd. 3.  [REPORTING BY LOCAL AGENCIES REQUIRED.] A city or 
        county sheriff or chief administrative officer of a municipal 
        police department who attorney's office or victim assistance 
        program that receives a grant under this section shall report 
        all expenditures to the board on a quarterly basis.  The sheriff 
        or chief administrative officer shall also file an annual report 
        with the board council itemizing the expenditures made during 
        the preceding year, the purpose of those expenditures, and the 
        ultimate disposition, if any, of each assisted victim's criminal 
        case. 
           Subd. 4.  [REPORT TO LEGISLATURE.] On or before February 1, 
        1997 1999, the board council shall report to the chairs of the 
        senate crime prevention and house of representatives judiciary 
        committees on the implementation, use, and administration of the 
        grant program created under this section. 
           Sec. 32.  Minnesota Statutes 1996, section 611A.71, 
        subdivision 5, is amended to read: 
           Subd. 5.  [DUTIES.] The council shall:  
           (1) review on a regular basis the treatment of victims by 
        the criminal justice system and the need and availability of 
        services to victims; 
           (2) advise the agency designated by the governor to apply 
        for victim assistance program grants under chapter 14 of Public 
        Law Number 98-473, in the coordination and allocation of federal 
        funds for crime victims assistance programs; 
           (3) advocate necessary changes and monitor victim-related 
        legislation; 
           (4) provide information, training, and technical assistance 
        to state and local agencies and groups involved in victim and 
        witness assistance; 
           (5) serve as a clearinghouse for information concerning 
        victim and witness programs; 
           (6) develop guidelines for the implementation of victim and 
        witness assistance programs and aid in the creation and 
        development of programs; 
           (7) coordinate the development and implementation of 
        policies and guidelines for the treatment of victims and 
        witnesses, and the delivery of services to them; and 
           (8) develop ongoing public awareness efforts and programs 
        to assist victims; and 
           (9) administer the grant program described in section 
        611A.675. 
           Sec. 33.  Minnesota Statutes 1996, section 611A.71, 
        subdivision 7, is amended to read: 
           Subd. 7.  [EXPIRATION.] The council expires on June 30, 
        1997 2001. 
           Sec. 34.  Minnesota Statutes 1996, section 611A.74, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CREATION.] The office of crime victim 
        ombudsman for Minnesota is created.  The ombudsman shall be 
        appointed by the commissioner of public safety with the advice 
        of the advisory council, and governor, shall serve in the 
        unclassified service at the pleasure of the commissioner 
        governor and shall be selected without regard to political 
        affiliation.  No person may serve as ombudsman while holding any 
        other public office.  The ombudsman is directly accountable to 
        the commissioner of public safety and governor.  The ombudsman 
        shall have the authority to investigate decisions, acts, and 
        other matters of the criminal justice system so as to promote 
        the highest attainable standards of competence, efficiency, and 
        justice for crime victims in the criminal justice system. 
           Sec. 35.  Minnesota Statutes 1996, section 611A.74, is 
        amended by adding a subdivision to read: 
           Subd. 1a.  [ORGANIZATION OF OFFICE.] (a) The ombudsman may 
        appoint employees necessary to discharge responsibilities of the 
        office.  The ombudsman may delegate to staff members any of the 
        ombudsman's authority or duties except the duties of formally 
        making recommendations to appropriate authorities and reports to 
        the office of the governor or to the legislature. 
           (b) The commissioner of public safety shall provide office 
        space and administrative support services to the ombudsman and 
        the ombudsman's staff. 
           Sec. 36.  Minnesota Statutes 1996, section 611A.74, 
        subdivision 3, is amended to read: 
           Subd. 3.  [POWERS.] The crime victim ombudsman has those 
        powers necessary to carry out the duties set out in 
        subdivision 1 2, including:  
           (a) The ombudsman may investigate, with or without a 
        complaint, any action of an element of the criminal justice 
        system or a victim assistance program included in subdivision 2. 
           (b) The ombudsman may request and shall be given access to 
        information and assistance the ombudsman considers necessary for 
        the discharge of responsibilities.  The ombudsman may inspect, 
        examine, and be provided copies of records and documents of all 
        elements of the criminal justice system and victim assistance 
        programs.  The ombudsman may request and shall be given access 
        to police reports pertaining to juveniles and juvenile 
        delinquency petitions, notwithstanding section 260.161.  Any 
        information received by the ombudsman retains its data 
        classification under chapter 13 while in the ombudsman's 
        possession.  Juvenile records obtained under this subdivision 
        may not be released to any person. 
           (c) The ombudsman may prescribe the methods by which 
        complaints are to be made, received, and acted upon; may 
        determine the scope and manner of investigations to be made; and 
        subject to the requirements of sections 611A.72 to 611A.74, may 
        determine the form, frequency, and distribution of ombudsman 
        conclusions, recommendations, and proposals.  
           (d) After completing investigation of a complaint, the 
        ombudsman shall inform in writing the complainant, the 
        investigated person or entity, and other appropriate authorities 
        of the action taken.  If the complaint involved the conduct of 
        an element of the criminal justice system in relation to a 
        criminal or civil proceeding, the ombudsman's findings shall be 
        forwarded to the court in which the proceeding occurred.  
           (e) Before announcing a conclusion or recommendation that 
        expressly or impliedly criticizes an administrative agency or 
        any person, the ombudsman shall consult with that agency or 
        person. 
           Sec. 37.  Minnesota Statutes 1996, section 611A.75, is 
        amended to read: 
           611A.75 [REPORT TO LEGISLATURE.] 
           The commissioner of public safety shall report to the 
        legislature biennially on the activities of crime victim 
        programs under chapter 611A; except that the crime victim 
        ombudsman shall report to the legislature biennially on the 
        activities of the office of crime victim ombudsman. 
           Sec. 38.  Minnesota Statutes 1996, section 629.725, is 
        amended to read: 
           629.725 [NOTICE TO CRIME VICTIM REGARDING BAIL HEARING OF 
        ARRESTED OR DETAINED PERSON.] 
           When a person arrested or a juvenile detained for a crime 
        of violence or an attempted crime of violence is scheduled to be 
        reviewed under section 629.715 for release from pretrial 
        detention, the court shall make a reasonable and good faith 
        effort to notify the victim of the alleged crime.  If the victim 
        is incapacitated or deceased, notice must be given to the 
        victim's family.  If the victim is a minor, notice must be given 
        to the victim's parent or guardian.  The notification must 
        include: 
           (1) the date and approximate time of the review; 
           (2) the location where the review will occur; 
           (3) the name and telephone number of a person that can be 
        contacted for additional information; and 
           (4) a statement that the victim and the victim's family may 
        attend the review. 
           As used in this section, "crime of violence" has the 
        meaning given it in section 624.712, subdivision 5, and also 
        includes section 609.21, gross misdemeanor violations of section 
        609.224, and nonfelony violations of sections 518B.01, 609.2231, 
        609.3451, 609.748, and 609.749. 
           Sec. 39.  Minnesota Statutes 1996, section 631.52, 
        subdivision 2, is amended to read: 
           Subd. 2.  [APPLICATION.] Subdivision 1 applies to the 
        following crimes or similar crimes under the laws of the United 
        States or any other state:  
           (1) murder in the first, second, or third degree under 
        section 609.185, 609.19, or 609.195; 
           (2) manslaughter in the first degree under section 609.20; 
           (3) assault in the first, second, or third degree under 
        section 609.221, 609.222, or 609.223; 
           (4) kidnapping under section 609.25; 
           (5) depriving another of custodial or parental rights under 
        section 609.26; 
           (6) soliciting, inducing, or promoting prostitution 
        involving a minor under section 609.322; 
           (7) receiving profit from prostitution involving a minor 
        under section 609.323; 
           (8) criminal sexual conduct in the first degree under 
        section 609.342; 
           (9) criminal sexual conduct in the second degree under 
        section 609.343; 
           (10) criminal sexual conduct in the third degree under 
        section 609.344, subdivision 1, paragraph (c), (f), or (g); 
           (11) solicitation of a child to engage in sexual conduct 
        under section 609.352; 
           (12) incest under section 609.365; 
           (13) malicious punishment of a child under section 609.377; 
        or 
           (14) neglect of a child under section 609.378; 
           (15) terroristic threats under section 609.713; or 
           (16) felony harassment or stalking under section 609.749. 
           Sec. 40.  [COMBINED JURISDICTION FAMILY COURT.] 
           (a) Notwithstanding Minnesota Statutes, sections 260.031, 
        subdivision 4, and 484.70, subdivisions 6 and 7, paragraphs (d) 
        and (e), the supreme court may implement pilot projects to 
        improve the resolution of family issues, including domestic 
        abuse, by assigning related family, probate, and juvenile court 
        matters, other than delinquency proceedings, to a single judge.  
        The projects must include orders for protection and related 
        domestic abuse issues and address methods for improving 
        continuity and consistency with respect to consideration of 
        domestic abuse issues in different proceedings involving the 
        same family or household members.  One pilot project shall be 
        established in the second judicial district and the other pilot 
        project shall be established in a rural district. 
           (b) The supreme court is requested to report to the chairs 
        of the senate and house judiciary committees on the 
        effectiveness of the pilot projects in resolving family issues 
        when the projects are completed or by January 15, 2000, 
        whichever is earlier. 
           Sec. 41.  [EFFECTIVE DATE; APPLICABILITY.] 
           Sections 2, 3, 26, 27, 31, 37, and 40 are effective July 1, 
        1997.  Sections 1, 4 to 11, 14, 19, 20, 22, 28 to 30, and 39 are 
        effective August 1, 1997.  Sections 13, 16 to 18, 24, 25, and 38 
        are effective August 1, 1997, and apply to offenses committed on 
        or after that date.  Sections 12, 15, 21, and 23 are effective 
        August 1, 1997, and apply to proceedings committed on or after 
        that date.  The individual who occupies the position of crime 
        victim ombudsman before the effective date shall continue in 
        that position unless replaced by the governor. 
                                   ARTICLE 8 
                                 PUBLIC SAFETY 
           Section 1.  Minnesota Statutes 1996, section 13.99, is 
        amended by adding a subdivision to read: 
           Subd. 90b.  [CRIMINAL GANG INVESTIGATIVE DATA SYSTEM.] Data 
        in the criminal gang investigative data system are classified in 
        section 299C.091. 
           Sec. 2.  Minnesota Statutes 1996, section 171.29, 
        subdivision 2, is amended to read: 
           Subd. 2.  [FEES, ALLOCATION.] (a) A person whose driver's 
        license has been revoked as provided in subdivision 1, except 
        under section 169.121 or 169.123, shall pay a $30 fee before the 
        driver's license is reinstated. 
           (b) A person whose driver's license has been revoked as 
        provided in subdivision 1 under section 169.121 or 169.123 shall 
        pay a $250 fee plus a $10 surcharge before the driver's license 
        is reinstated.  The $250 fee is to be credited as follows: 
           (1) Twenty percent shall be credited to the trunk highway 
        fund. 
           (2) Fifty-five percent shall be credited to the general 
        fund. 
           (3) Eight percent shall be credited to a separate account 
        to be known as the bureau of criminal apprehension account.  
        Money in this account may be appropriated to the commissioner of 
        public safety and the appropriated amount shall be apportioned 
        80 percent for laboratory costs and 20 percent for carrying out 
        the provisions of section 299C.065. 
           (4) Twelve percent shall be credited to a separate account 
        to be known as the alcohol-impaired driver education account.  
        Money in the account may be appropriated to the commissioner of 
        children, families, and learning for programs in elementary and 
        secondary schools. 
           (5) Five percent shall be credited to a separate account to 
        be known as the traumatic brain injury and spinal cord injury 
        account.  $100,000 is annually appropriated from the account to 
        the commissioner of human services for traumatic brain injury 
        case management services.  The remaining money in the account is 
        annually appropriated to the commissioner of health to establish 
        and maintain the traumatic brain injury and spinal cord injury 
        registry created in section 144.662 and to reimburse the 
        commissioner of economic security for the reasonable cost of 
        services provided under section 268A.03, clause (o). 
           (c) The $10 surcharge shall be credited to a separate 
        account to be known as the remote electronic alcohol monitoring 
        pilot program account.  Up to $250,000 is annually appropriated 
        from this account to the commissioner of corrections for a 
        remote electronic alcohol monitoring pilot program.  The 
        unencumbered balance remaining in the first year of the biennium 
        does not cancel but is available for the second year.  The 
        commissioner shall transfer the balance of this account to the 
        commissioner of finance on a monthly basis for deposit in the 
        general fund. 
           Sec. 3.  Minnesota Statutes 1996, section 260.161, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PEACE OFFICER RECORDS OF CHILDREN.] (a) Except 
        for records relating to an offense where proceedings are public 
        under section 260.155, subdivision 1, peace officers' records of 
        children who are or may be delinquent or who may be engaged in 
        criminal acts shall be kept separate from records of persons 18 
        years of age or older and are private data but shall be 
        disseminated:  (1) by order of the juvenile court, (2) as 
        required by section 126.036, (3) as authorized under section 
        13.82, subdivision 2, (4) to the child or the child's parent or 
        guardian unless disclosure of a record would interfere with an 
        ongoing investigation, or (5) as otherwise provided in this 
        subdivision.  Except as provided in paragraph (c), no 
        photographs of a child taken into custody may be taken without 
        the consent of the juvenile court unless the child is alleged to 
        have violated section 169.121 or 169.129.  Peace officers' 
        records containing data about children who are victims of crimes 
        or witnesses to crimes must be administered consistent with 
        section 13.82, subdivisions 2, 3, 4, and 10.  Any person 
        violating any of the provisions of this subdivision shall be 
        guilty of a misdemeanor. 
           In the case of computerized records maintained about 
        juveniles by peace officers, the requirement of this subdivision 
        that records about juveniles must be kept separate from adult 
        records does not mean that a law enforcement agency must keep 
        its records concerning juveniles on a separate computer system.  
        Law enforcement agencies may keep juvenile records on the same 
        computer as adult records and may use a common index to access 
        both juvenile and adult records so long as the agency has in 
        place procedures that keep juvenile records in a separate place 
        in computer storage and that comply with the special data 
        retention and other requirements associated with protecting data 
        on juveniles. 
           (b) Nothing in this subdivision prohibits the exchange of 
        information by law enforcement agencies if the exchanged 
        information is pertinent and necessary to the requesting agency 
        in initiating, furthering, or completing a criminal 
        investigation for law enforcement purposes. 
           (c) A photograph may be taken of a child taken into custody 
        pursuant to section 260.165, subdivision 1, clause (b), provided 
        that the photograph must be destroyed when the child reaches the 
        age of 19 years.  The commissioner of corrections may photograph 
        juveniles whose legal custody is transferred to the 
        commissioner.  Photographs of juveniles authorized by this 
        paragraph may be used only for institution management purposes, 
        case supervision by parole agents, and to assist law enforcement 
        agencies to apprehend juvenile offenders.  The commissioner 
        shall maintain photographs of juveniles in the same manner as 
        juvenile court records and names under this section. 
           (d) Traffic investigation reports are open to inspection by 
        a person who has sustained physical harm or economic loss as a 
        result of the traffic accident.  Identifying information on 
        juveniles who are parties to traffic accidents may be disclosed 
        as authorized under section 13.82, subdivision 4, and accident 
        reports required under section 169.09 may be released under 
        section 169.09, subdivision 13, unless the information would 
        identify a juvenile who was taken into custody or who is 
        suspected of committing an offense that would be a crime if 
        committed by an adult, or would associate a juvenile with the 
        offense, and the offense is not a minor traffic offense under 
        section 260.193. 
           (e) A law enforcement agency shall notify the principal or 
        chief administrative officer of a juvenile's school of an 
        incident occurring within the agency's jurisdiction if: 
           (1) the agency has probable cause to believe that the 
        juvenile has committed an offense that would be a crime if 
        committed as an adult, that the victim of the offense is a 
        student or staff member of the school, and that notice to the 
        school is reasonably necessary for the protection of the victim; 
        or 
           (2) the agency has probable cause to believe that the 
        juvenile has committed an offense described in subdivision 1b, 
        paragraph (a), clauses (1) to (3), that would be a crime if 
        committed by an adult, regardless of whether the victim is a 
        student or staff member of the school. 
           A law enforcement agency is not required to notify the 
        school under this paragraph if the agency determines that notice 
        would jeopardize an ongoing investigation.  Notwithstanding 
        section 138.17, data from a notice received from a law 
        enforcement agency under this paragraph must be destroyed when 
        the juvenile graduates from the school or at the end of the 
        academic year when the juvenile reaches age 23, whichever date 
        is earlier.  For purposes of this paragraph, "school" means a 
        public or private elementary, middle, or secondary school. 
           (f) In any county in which the county attorney operates or 
        authorizes the operation of a juvenile prepetition or pretrial 
        diversion program, a law enforcement agency or county attorney's 
        office may provide the juvenile diversion program with data 
        concerning a juvenile who is a participant in or is being 
        considered for participation in the program. 
           (g) Upon request of a local social service agency, peace 
        officer records of children who are or may be delinquent or who 
        may be engaged in criminal acts may be disseminated to the 
        agency to promote the best interests of the subject of the data. 
           Sec. 4.  Minnesota Statutes 1996, section 260.161, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [RECORDS REQUIRED TO BE KEPT.] (a) The 
        juvenile court judge shall keep such minutes and in such manner 
        as the court deems necessary and proper.  Except as provided in 
        paragraph (b), the court shall keep and maintain records 
        pertaining to delinquent adjudications until the person reaches 
        the age of 28 years and shall release the records on an 
        individual to another juvenile court that has jurisdiction of 
        the juvenile, to a requesting adult court for purposes of 
        sentencing, or to an adult court or juvenile court as required 
        by the right of confrontation of either the United States 
        Constitution or the Minnesota Constitution.  The juvenile court 
        shall provide, upon the request of any other juvenile court, 
        copies of the records concerning adjudications involving the 
        particular child.  The court also may provide copies of records 
        concerning delinquency adjudications, on request, to law 
        enforcement agencies, probation officers, and corrections agents 
        if the court finds that providing these records serves public 
        safety or is in the best interests of the child.  Until July 1, 
        1999, juvenile court delinquency proceeding records of 
        adjudications, court transcripts, and delinquency petitions, 
        including any probable cause attachments that have been filed or 
        police officer reports relating to a petition, must be released 
        to requesting law enforcement agencies and prosecuting 
        authorities for purposes of investigating and prosecuting 
        violations of section 609.229, provided that psychological or 
        mental health reports may not be included with those records.  
        The records have the same data classification in the hands of 
        the agency receiving them as they had in the hands of the court. 
           The court shall also keep an index in which files 
        pertaining to juvenile matters shall be indexed under the name 
        of the child.  After the name of each file shall be shown the 
        file number and, if ordered by the court, the book and page of 
        the register in which the documents pertaining to such file are 
        listed.  The court shall also keep a register properly indexed 
        in which shall be listed under the name of the child all 
        documents filed pertaining to the child and in the order filed.  
        The list shall show the name of the document and the date of 
        filing thereof.  The juvenile court legal records shall be 
        deposited in files and shall include the petition, summons, 
        notice, findings, orders, decrees, judgments, and motions and 
        such other matters as the court deems necessary and proper.  
        Unless otherwise provided by law, all court records shall be 
        open at all reasonable times to the inspection of any child to 
        whom the records relate, and to the child's parent and guardian. 
           (b) The court shall retain records of the court finding 
        that a juvenile committed an act that would be a felony or gross 
        misdemeanor level offense until the offender reaches the age of 
        28.  If the offender commits a felony as an adult, or the court 
        convicts a child as an extended jurisdiction juvenile, the court 
        shall retain the juvenile records for as long as the records 
        would have been retained if the offender had been an adult at 
        the time of the juvenile offense.  This paragraph does not apply 
        unless the juvenile was provided counsel as required by section 
        260.155, subdivision 2. 
           Sec. 5.  Minnesota Statutes 1996, section 260.161, 
        subdivision 1a, is amended to read: 
           Subd. 1a.  [RECORD OF FINDINGS.] (a) The juvenile court 
        shall forward to the bureau of criminal apprehension the 
        following data in juvenile petitions involving felony- or gross 
        misdemeanor-level offenses: 
           (1) the name and birthdate of the juvenile, including any 
        of the juvenile's known aliases or street names; 
           (2) the act for which the juvenile was petitioned and date 
        of the offense; and 
           (3) the date and county where the petition was filed. 
           (b) Upon completion of the court proceedings, the court 
        shall forward the court's finding and case disposition to the 
        bureau.  Notwithstanding section 138.17, if the petition was 
        dismissed or the juvenile was not found to have committed a 
        gross misdemeanor or felony-level offense, the bureau and a 
        person who received the data from the bureau shall destroy all 
        data relating to the petition collected under paragraph (a).  
        The bureau shall notify a person who received the data that the 
        data must be destroyed. 
           (c) The bureau shall retain data on a juvenile found to 
        have committed a felony- or gross misdemeanor-level offense 
        until the offender reaches the age of 28.  If the offender 
        commits a felony violation as an adult, the bureau shall retain 
        the data for as long as the data would have been retained if the 
        offender had been an adult at the time of the juvenile offense.  
        The court shall specify whether: 
           (1) the juvenile was referred to a diversion program; 
           (2) the petition was dismissed, continued for dismissal, or 
        continued without adjudication; or 
           (3) the juvenile was adjudicated delinquent. 
           (d) (c) The juvenile court shall forward to the bureau, the 
        sentencing guidelines commission, and the department of 
        corrections the following data on individuals convicted as 
        extended jurisdiction juveniles: 
           (1) the name and birthdate of the offender, including any 
        of the juvenile's known aliases or street names; 
           (2) the crime committed by the offender and the date of the 
        crime; 
           (3) the date and county of the conviction; and 
           (4) the case disposition. 
           The court shall notify the bureau, the sentencing 
        guidelines commission, and the department of corrections 
        whenever it executes an extended jurisdiction juvenile's adult 
        sentence under section 260.126, subdivision 5. 
           (e) (d) The bureau, sentencing guidelines commission, and 
        the department of corrections shall retain the extended 
        jurisdiction juvenile data for as long as the data would have 
        been retained if the offender had been an adult at the time of 
        the offense.  Data retained on individuals under this 
        subdivision are private data under section 13.02, except that 
        extended jurisdiction juvenile data becomes public data under 
        section 13.87, subdivision 2, when the juvenile court notifies 
        the bureau that the individual's adult sentence has been 
        executed under section 260.126, subdivision 5. 
           Sec. 6.  [299A.465] [CONTINUED HEALTH INSURANCE COVERAGE TO 
        DISABLED.] 
           Subdivision 1.  [OFFICER OR FIREFIGHTER DISABLED IN LINE OF 
        DUTY.] (a) This subdivision applies when a peace officer or 
        firefighter suffers a disabling injury that: 
           (1) results in the officer's or firefighter's retirement or 
        separation from service; 
           (2) occurs while the officer or firefighter is acting in 
        the course and scope of duties as a peace officer or 
        firefighter; and 
           (3) the officer or firefighter has been approved to receive 
        the officer's or firefighter's duty-related disability pension. 
           (b) The officer's or firefighter's employer shall continue 
        to provide health coverage for: 
           (1) the officer or firefighter; and 
           (2) the officer's or firefighter's dependents if the 
        officer or firefighter was receiving dependent coverage at the 
        time of the injury under the employer's group health plan. 
           (c) The employer is responsible for the continued payment 
        of the employer's contribution for coverage of the officer or 
        firefighter and, if applicable, the officer's or firefighter's 
        dependents.  Coverage must continue for the officer or 
        firefighter and, if applicable, the officer's or firefighter's 
        dependents until the officer or firefighter reaches the age of 
        65.  However, coverage for dependents does not have to be 
        continued after the person is no longer a dependent.  
           Subd. 2.  [OFFICER OR FIREFIGHTER KILLED IN LINE OF 
        DUTY.] (a) This subdivision applies when a peace officer or 
        firefighter is killed while on duty and discharging the 
        officer's or firefighter's duties as a peace officer or 
        firefighter. 
           (b) The officer's or firefighter's employer shall continue 
        to cover the deceased officer's or firefighter's dependents if 
        the officer or firefighter was receiving dependent coverage at 
        the time of the officer's or firefighter's death under the 
        employer's group health plan. 
           (c) The employer is responsible for the employer's 
        contribution for the coverage of the officer's or firefighter's 
        dependents.  Coverage must continue for a dependent of the 
        officer or firefighter for the period of time that the person is 
        a dependent up to the age of 65. 
           Subd. 3.  [COORDINATION OF BENEFITS.] Health insurance 
        benefits payable to the officer or firefighter and the officer's 
        or firefighter's dependents from any other source provide the 
        primary coverage, and coverage available under this section is 
        secondary. 
           Subd. 4.  [PUBLIC EMPLOYER REIMBURSEMENT.] A public 
        employer subject to this section may annually apply to the 
        commissioner of public safety for reimbursement of its costs of 
        complying with this section.  The commissioner shall provide 
        reimbursement to the public employer out of the public safety 
        officer's benefit account. 
           Subd. 5.  [DEFINITION.] For purposes of this section: 
           (a) "Peace officer" or "officer" has the meaning given in 
        section 626.84, subdivision 1, paragraph (c). 
           (b) "Dependent" means a person who meets the definition of 
        dependent in section 62L.02, subdivision 11, at the time of the 
        officer's or firefighter's injury or death.  A person is not a 
        dependent for purposes of this section during the period of time 
        the person is covered under another group health plan.  
           (c) "Firefighter" has the meaning given in section 424.03, 
        but does not include volunteer firefighters. 
           Sec. 7.  Minnesota Statutes 1996, section 299A.61, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ESTABLISHMENT.] The commissioner of public 
        safety, in cooperation with the commissioner of administration, 
        shall develop and maintain an integrated criminal alert network 
        to facilitate the communication of crime prevention information 
        by electronic means among state agencies, law enforcement 
        officials, and the private sector.  The network shall 
        disseminate data regarding the commission of crimes, including 
        information on missing and endangered children, and attempt to 
        reduce theft and other crime by the use of electronic 
        transmission of information.  In addition, the commissioner 
        shall evaluate the feasibility of using the network to 
        disseminate data regarding the use of fraudulent checks and the 
        coordination of security and antiterrorism efforts with the 
        Federal Bureau of Investigation.  If the commissioner determines 
        that one or both of these uses are feasible, the commissioner 
        shall ensure that the network disseminates data in the area or 
        areas determined to be feasible. 
           Sec. 8.  [299A.625] [CRIMINAL GANG COUNCIL AND STRIKE 
        FORCE.] 
           Subdivision 1.  [MEMBERSHIP OF COUNCIL.] The criminal gang 
        oversight council consists of the following individuals or their 
        designees:  the commissioner of public safety; the commissioner 
        of corrections; the superintendent of the bureau of criminal 
        apprehension; the attorney general; the chief law enforcement 
        officers for Minneapolis, St. Paul, St. Cloud, and Duluth; a 
        chief of police selected by the president of the Minnesota 
        chiefs of police association; two sheriffs, one from a county in 
        the seven-county metropolitan area other than Hennepin or Ramsey 
        county and the other from a county outside the metropolitan 
        area, both selected by the president of the Minnesota sheriffs 
        association; the executive director of the Minnesota police and 
        peace officers association; and the Hennepin, Ramsey, St. Louis, 
        and Olmsted county sheriffs.  The council may select a chair 
        from among its members. 
           Subd. 2.  [STATEWIDE GANG STRATEGY.] (a) The council shall 
        develop an overall strategy to eliminate the harm caused to the 
        public by criminal gangs and their illegal activities within the 
        state of Minnesota.  In developing the strategy, the council 
        shall consult with representatives from the community services 
        division of the Minnesota department of corrections and federal 
        probation officers employed by the United States district court 
        of Minnesota.  As far as practicable, the strategy must address 
        all criminal gangs operating in the state regardless of location 
        or the motivation or ethnicity of the gangs' members.  The 
        strategy must address criminal gangs in both the metropolitan 
        area and greater Minnesota.  The council shall consult with and 
        take into account the needs of law enforcement agencies and 
        prosecutorial offices in greater Minnesota in developing the 
        strategy.  The strategy must target individuals or groups based 
        on their criminal behavior, not their physical appearance.  The 
        strategy must take into account the rights of groups and 
        individuals that the strike force may target and protect against 
        abuses of these rights. 
           (b) In addition to developing the strategy described in 
        paragraph (a), the council shall develop criteria and 
        identifying characteristics for use in determining whether 
        individuals are or may be members of gangs involved in criminal 
        activity.  The council shall also develop procedures and 
        criteria for the investigation of criminal gangs and crimes 
        committed by those gangs throughout the state. 
           Subd. 3.  [CRIMINAL GANG STRIKE FORCE.] The council shall 
        oversee the organization and deployment of a statewide criminal 
        gang strike force.  The strike force must consist of law 
        enforcement officers, bureau of criminal apprehension agents, an 
        assistant attorney general, and a communications and 
        intelligence network.  The council shall select the members of 
        the strike force who shall serve at the pleasure of the council. 
        The council shall ensure that all law enforcement officers 
        selected to join the strike force are licensed peace officers or 
        federal law enforcement agents found by the Minnesota board of 
        peace officer standards and training to have equivalent 
        qualifications.  In selecting members of the strike force, the 
        council shall consult with chiefs of local law enforcement 
        agencies, sheriffs, and other interested parties.  The council 
        shall request these individuals to recommend willing and 
        experienced persons under their jurisdiction who would help the 
        strike force and to permit those persons to join it.  To the 
        greatest extent possible, entities contributing members to the 
        strike force are encouraged to also contribute equipment and 
        other support.  The council shall attempt to ensure that these 
        entities do so. 
           Subd. 4.  [STRIKE FORCE DUTIES.] The strike force shall 
        implement the strategy developed by the council and is 
        responsible for tactical decisions regarding implementation of 
        the strategy.  In addition and upon request, the strike force 
        shall assist and train local governmental units, law enforcement 
        agencies, and prosecutors' offices in methods to identify 
        criminal gangs and gang members.  To the greatest extent 
        possible, the strike force shall operate as a cohesive unit 
        exclusively for the purposes listed in this section.  If 
        regional units are established under subdivision 7, the council 
        shall ensure that the existence and operation of these units do 
        not impair the overall goal of a uniform statewide strategy to 
        combat crimes committed by gangs. 
           Subd. 5.  [SERVICE; TRANSFERS.] To the greatest extent 
        possible, members of the strike force shall serve on the force 
        for the entirety of its existence.  Members continue to be 
        employed by the same entity by which they were employed before 
        joining the strike force.  While serving on the strike force, 
        however, members are under the exclusive command of the strike 
        force.  A member who desires to be transferred back to the 
        position the member held before joining the strike force may 
        request a transfer from the council.  The council shall approve 
        and arrange for the requested transfer as soon as is 
        practicable.  The person in charge of the organization from 
        which the member came also may request that a member be 
        transferred back.  In these instances, the council shall approve 
        and arrange for the requested transfer immediately or as soon as 
        is practicable.  If a member is transferred from the strike 
        force, the person in charge of the organization from which the 
        member came shall arrange for an experienced individual, 
        acceptable to the council, to replace the transferred person on 
        the strike force.  If this arrangement cannot be made, any grant 
        received under section 299A.627, subdivision 1, must be repaid 
        on a prorated basis. 
           Subd. 6.  [COMMANDERS.] The council shall designate a 
        member of the strike force to be its commander and may appoint 
        an individual assigned to a regional unit established under 
        subdivision 7 to be the commander of the regional unit. 
           Subd. 7.  [REGIONAL UNITS.] If the council at any time 
        determines that it would be more effective and efficient to have 
        distinct units within the strike force concentrating on specific 
        areas, it may establish regional units within the strike force 
        and select their members.  If the council chooses to do so, the 
        other provisions of this section still apply to the individual 
        units, and the council still has the duty and authority to 
        develop necessary procedures and criteria for and to oversee the 
        operation of each individual unit.  The council may continue to 
        alter the structure of the strike force and any units composing 
        it in any way designed to further its effectiveness and to carry 
        out the intent of this section. 
           Subd. 8.  [ROLE OF ASSISTANT ATTORNEY GENERAL.] The 
        assistant attorney general assigned to the strike force shall 
        generally advise the council on any matters that the council 
        deems appropriate.  The council may seek advice from other 
        attorneys and, if the council decides it would be appropriate, 
        may retain outside counsel.  The assistant attorney general 
        shall train local prosecutors in prosecuting cases involving 
        criminal gangs and in interviewing witnesses and victims and 
        shall cooperate with other strike force members in developing 
        and building strong cases.  
           Subd. 9.  [ATTORNEY GENERAL; COMMUNITY LIAISON.] The 
        attorney general or a designee shall serve as a liaison between 
        the criminal gang oversight council and the councils created in 
        sections 3.922, 3.9223, 3.9225, and 3.9226.  The attorney 
        general or the designee will be responsible for: 
           (1) informing the councils of the criminal gang oversight 
        council's plans, activities, and decisions and hearing their 
        reactions to those plans, activities, and decisions; and 
           (2) providing the criminal gang oversight council with 
        information about the councils' position on the oversight 
        council's plans, activities, and decisions. 
           In no event is the criminal gang oversight council required 
        to disclose the names of individuals identified by it to the 
        councils referenced in this subdivision. 
           Nothing in this subdivision changes the data classification 
        of any data held by the oversight council. 
           Subd. 10.  [REQUIRED REPORT.] By February 1 of each year, 
        the council shall report to the chairs of the senate and house 
        of representatives committees and divisions having jurisdiction 
        over criminal justice policy and funding on the activities of 
        the council and strike force. 
           Sec. 9.  [299A.626] [JURISDICTION AND LIABILITY.] 
           Subdivision 1.  [STATEWIDE JURISDICTION.] Law enforcement 
        officers who are members of the criminal gang strike force have 
        statewide jurisdiction to conduct criminal investigations and 
        possess the same powers of arrest as those possessed by a 
        sheriff.  
           Subd. 2.  [LIABILITY AND WORKERS' COMPENSATION.] While 
        operating under the scope of this section, members of the strike 
        force are "employees of the state" as defined in section 3.736 
        and are considered employees of the department of public safety 
        for purposes of chapter 176. 
           Sec. 10.  [299A.627] [GRANT PROGRAMS.] 
           Subdivision 1.  [REIMBURSEMENT GRANTS AUTHORIZED.] The 
        commissioner of public safety, upon recommendation of the 
        council, may award grants to local law enforcement agencies, 
        sheriff's offices, and other organizations that have contributed 
        members to the criminal gang strike force to hire new persons to 
        replace those who have joined the force.  A grant may cover a 
        two-year period and reimburse the recipient for a maximum of 100 
        percent of the salary of the person contributed to the strike 
        force.  A recipient of a grant under this subdivision must use 
        the money to hire a new person to replace the person who has 
        joined the strike force, thus keeping its complement of 
        employees at the same level.  The money may not be used to pay 
        for equipment or uniforms. 
           Subd. 2.  [GRANTS TO EXPAND LOCAL CAPACITY TO COMBAT 
        CRIMINAL GANGS.] (a) The commissioner of public safety, upon 
        recommendation of the council, may award grants to local law 
        enforcement agencies and city and county attorneys' offices to 
        expand the agency's or office's capacity to successfully 
        investigate and prosecute crimes committed by criminal gangs. 
           (b) Grant applicants under this subdivision shall submit to 
        the commissioner and the council a detailed plan describing the 
        uses for which the money will be put.  The commissioner and the 
        council shall evaluate grant applications and award grants in a 
        manner that will best ensure positive results.  The commissioner 
        may award grants to purchase necessary equipment and to develop 
        or upgrade computer systems if the commissioner determines that 
        those uses would best aid the recipient's attempts to combat 
        criminal gangs.  The commissioner shall require recipients of 
        grants to provide follow-up reports to the council detailing the 
        success of the recipient in combating criminal gangs. 
           (c) The commissioner shall condition grants made under this 
        subdivision to require that recipients agree to cooperate with 
        the council and the bureau of criminal apprehension in 
        establishing and expanding the criminal gang investigative data 
        system described in section 299C.091 and in implementing the 
        strategy developed by the council to combat criminal gangs.  
        Grant recipients must agree to provide the council and bureau 
        with any requested information regarding the activities and 
        characteristics of criminal gangs and gang members operating 
        within their jurisdictions. 
           Sec. 11.  Minnesota Statutes 1996, section 299A.63, 
        subdivision 4, is amended to read: 
           Subd. 4.  [ATTORNEY GENERAL DUTIES.] (a) The attorney 
        general may assist cities and local law enforcement officials in 
        developing and implementing anticrime and neighborhood community 
        revitalization strategies and may assist local prosecutors in 
        prosecuting crimes occurring in the targeted neighborhoods that 
        receive funding under this section.  Upon request of the local 
        prosecuting authority, the attorney general may appear in court 
        in those civil and criminal cases arising as a result of this 
        section that the attorney general deems appropriate.  For the 
        purposes of this section, the attorney general may appear in 
        court in nuisance actions under chapter 617, and misdemeanor 
        prosecutions under chapter 609.  
           (b) The attorney general shall develop may assist cities in 
        developing appropriate applications to the United States 
        Department of Justice for federal weed and seed grants for use 
        in conjunction with grants awarded under this section. 
           Sec. 12.  [299C.091] [CRIMINAL GANG INVESTIGATIVE DATA 
        SYSTEM.] 
           Subdivision 1.  [ESTABLISHMENT.] The bureau shall 
        administer and maintain a computerized criminal gang 
        investigative data system for the purpose of assisting criminal 
        justice agencies in the investigation and prosecution of 
        criminal activity by gang members.  The system consists of data 
        on individuals whom law enforcement agencies determine are or 
        may be engaged in criminal gang activity.  Notwithstanding 
        section 260.161, subdivision 3, data on adults and juveniles in 
        the system and data documenting an entry in the system may be 
        maintained together.  Data in the system must be submitted and 
        maintained as provided in this section. 
           Subd. 2.  [ENTRY OF DATA INTO SYSTEM.] (a) A law 
        enforcement agency may submit data on an individual to the 
        criminal gang investigative data system only if the agency 
        obtains and maintains the documentation required under this 
        subdivision.  Documentation may include data obtained from other 
        criminal justice agencies, provided that a record of all of the 
        documentation required under paragraph (b) is maintained by the 
        agency that submits the data to the bureau.  Data maintained by 
        a law enforcement agency to document an entry in the system are 
        confidential data on individuals as defined in section 13.02, 
        subdivision 3, but may be released to criminal justice agencies. 
           (b) A law enforcement agency may submit data on an 
        individual to the bureau for inclusion in the system if the 
        individual is 14 years of age or older and the agency has 
        documented that: 
           (1) the individual has met at least three of the criteria 
        or identifying characteristics of gang membership developed by 
        the criminal gang oversight council under section 299A.626 as 
        required by the council; and 
           (2) the individual has been convicted of a gross 
        misdemeanor or felony or has been adjudicated or has a stayed 
        adjudication as a juvenile for an offense that would be a gross 
        misdemeanor or felony if committed by an adult. 
           Subd. 3.  [CLASSIFICATION OF DATA IN SYSTEM.] Data in the 
        criminal gang investigative data system are confidential data on 
        individuals as defined in section 13.02, subdivision 3, but are 
        accessible to law enforcement agencies and may be released to 
        the criminal justice agencies. 
           Subd. 4.  [AUDIT OF DATA SUBMITTED TO SYSTEM.] The bureau 
        shall conduct periodic random audits of data under subdivision 2 
        that documents inclusion of an individual in the criminal gang 
        investigative data system for the purpose of determining the 
        validity, completeness, and accuracy of data submitted to the 
        system.  The bureau has access to the documenting data for 
        purposes of conducting an audit. 
           Subd. 5.  [REMOVAL OF DATA FROM SYSTEM.] Notwithstanding 
        section 138.17, the bureau shall destroy data entered into the 
        system when three years have elapsed since the data were entered 
        into the system, except as otherwise provided in this 
        subdivision.  If the bureau has information that the individual 
        has been convicted as an adult, or has been adjudicated or has a 
        stayed adjudication as a juvenile for an offense that would be a 
        crime if committed by an adult, since entry of the data into the 
        system, the data must be maintained until three years have 
        elapsed since the last record of a conviction or adjudication or 
        stayed adjudication of the individual.  Upon request of the law 
        enforcement agency that submitted data to the system, the bureau 
        shall destroy the data regardless of whether three years have 
        elapsed since the data were entered into the system. 
           Sec. 13.  Minnesota Statutes 1996, section 299C.095, is 
        amended to read: 
           299C.095 [SYSTEM FOR IDENTIFICATION OF JUVENILE OFFENDERS.] 
           Subdivision 1.  [ACCESS.] (a) The bureau shall administer 
        and maintain the computerized juvenile history record system 
        based on section 260.161 and other statutes requiring the 
        reporting of data on juveniles.  The data in the system are 
        private data as defined in section 13.02, subdivision 12, but 
        are accessible to criminal justice agencies as defined in 
        section 13.02, subdivision 3a, to all trial courts and appellate 
        courts, to a person who has access to the juvenile court records 
        as provided in section 260.161 or under court rule and to 
        criminal justice agencies in other states in the conduct of 
        their official duties. 
           (b) Except for access authorized under paragraph (a), the 
        bureau shall only disseminate a juvenile adjudication history 
        record in connection with a background check required by statute 
        or rule and performed on a licensee, license applicant, or 
        employment applicant or performed under section 624.713.  A 
        consent for release of information from an individual who is the 
        subject of a juvenile adjudication history is not effective and 
        the bureau shall not release a juvenile adjudication history 
        record and shall not release information in a manner that 
        reveals the existence of the record. 
           Subd. 2.  [RETENTION.] (a) Notwithstanding section 138.17, 
        the bureau shall retain juvenile history records for the time 
        periods provided in this subdivision.  Notwithstanding contrary 
        provisions of paragraphs (b) to (e), all data in a juvenile 
        history record must be retained for the longest time period 
        applicable to any item in the individual juvenile history 
        record.  If, before data are destroyed under this subdivision, 
        the subject of the data is convicted of a felony as an adult, 
        the individual's juvenile history record must be retained for 
        the same time period as an adult criminal history record. 
           (b) Juvenile history data on a child who was arrested must 
        be destroyed six months after the arrest if the child has not 
        been referred to a diversion program and no petition has been 
        filed against the child by that time. 
           (c) Juvenile history data on a child against whom a 
        delinquency petition was filed and subsequently dismissed must 
        be destroyed upon receiving notice from the court that the 
        petition was dismissed. 
           (d) Juvenile history data on a child who was referred to a 
        diversion program or against whom a delinquency petition has 
        been filed and continued for dismissal must be destroyed when 
        the child reaches age 21. 
           (e) Juvenile history data on a child against whom a 
        delinquency petition was filed and continued without 
        adjudication, or a child who was found to have committed a 
        felony or gross misdemeanor-level offense, must be destroyed 
        when the child reaches age 28.  If the offender commits a felony 
        violation as an adult, the bureau shall retain the data for as 
        long as the data would have been retained if the offender had 
        been an adult at the time of the juvenile offense. 
           (f) The bureau shall retain extended jurisdiction juvenile 
        data on an individual received under section 260.161, 
        subdivision 1a, paragraph (c), for as long as the data would 
        have been retained if the offender had been an adult at the time 
        of the offense. 
           (g) Data retained on individuals under this subdivision are 
        private data under section 13.02, except that extended 
        jurisdiction juvenile data become public data under section 
        13.87, subdivision 2, when the juvenile court notifies the 
        bureau that the individual's adult sentence has been executed 
        under section 260.126, subdivision 5. 
           (h) A person who receives data on a juvenile under 
        paragraphs (b) to (e) from the bureau shall destroy the data 
        according to the schedule in this subdivision.  The bureau shall 
        include a notice of the destruction schedule with all data it 
        disseminates on juveniles.  
           Sec. 14.  Minnesota Statutes 1996, section 299C.10, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [LAW ENFORCEMENT DUTY.] (a) It is hereby 
        made the duty of the sheriffs of the respective counties, of the 
        police officers in cities of the first, second, and third 
        classes, under the direction of the chiefs of police in such 
        cities, and of community corrections agencies operating secure 
        juvenile detention facilities to take or cause to be taken 
        immediately finger and thumb prints, photographs, distinctive 
        physical mark identification data, and such other identification 
        data as may be requested or required by the superintendent of 
        the bureau;, of all the following: 
           (1) persons arrested for a felony, or gross misdemeanor, of 
        all; 
           (2) juveniles committing arrested for or alleged to have 
        committed felonies as distinguished from those committed by 
        adult offenders, of all; 
           (3) persons reasonably believed by the arresting officer to 
        be fugitives from justice, of all; 
           (4) persons in whose possession, when arrested, are found 
        concealed firearms or other dangerous weapons, burglar tools or 
        outfits, high-power explosives, or articles, machines, or 
        appliances usable for an unlawful purpose and reasonably 
        believed by the arresting officer to be intended for such 
        purposes,; and 
           (5) juveniles referred by a law enforcement agency to a 
        diversion program for a felony or gross misdemeanor offense. 
           Within 24 hours thereafter to forward such the fingerprint 
        records and other identification data specified under this 
        paragraph must be forwarded to the bureau of criminal 
        apprehension on such forms and in such manner as may be 
        prescribed by the superintendent of the bureau of criminal 
        apprehension. 
           (b) Effective August 1, 1997, the identification reporting 
        requirements shall also apply to persons committing arrested for 
        or alleged to have committed targeted misdemeanor offenses, 
        including violent and enhanceable crimes, and 
        juveniles committing arrested for or alleged to have committed 
        gross misdemeanors.  In addition, the reporting requirements 
        shall include any known aliases or street names of the offenders.
           For purposes of this section, a targeted misdemeanor is a 
        misdemeanor violation of section 169.121 (driving while 
        intoxicated), 518B.01 (order for protection violation), 609.224 
        (fifth degree assault), 609.2242 (domestic assault), 609.746 
        (interference with privacy), 609.748 (harassment or restraining 
        order violation), or 617.23 (indecent exposure). 
           Sec. 15.  Minnesota Statutes 1996, section 299C.10, 
        subdivision 4, is amended to read: 
           Subd. 4.  [FEE FOR BACKGROUND CHECK; ACCOUNT; 
        APPROPRIATION.] The superintendent shall collect a fee in an 
        amount to cover the expense for each background check provided 
        for a purpose not directly related to the criminal justice 
        system or required by section 624.7131, 624.7132, or 624.714.  
        The proceeds of the fee must be deposited in a special account.  
        Until July 1, 1997, Money in the account is appropriated to the 
        commissioner to maintain and improve the quality of the criminal 
        record system in Minnesota. 
           Sec. 16.  Minnesota Statutes 1996, section 299C.13, is 
        amended to read: 
           299C.13 [INFORMATION FURNISHED TO PEACE OFFICERS.] 
           Upon receipt of information data as to any arrested person, 
        the bureau shall immediately ascertain whether the person 
        arrested has a criminal record or is a fugitive from justice, 
        and shall at once inform the arresting officer of the facts 
        ascertained, including references to any adult court disposition 
        data that are not in the criminal history system.  Upon 
        application by any sheriff, chief of police, or other peace 
        officer in the state, or by an officer of the United States or 
        by an officer of another state, territory, or government duly 
        authorized to receive the same and effecting reciprocal 
        interchange of similar information with the division, it shall 
        be the duty of the bureau to furnish all information in its 
        possession pertaining to the identification of any person.  If 
        the bureau has a sealed record on the arrested person, it shall 
        notify the requesting peace officer of that fact and of the 
        right to seek a court order to open the record for purposes of 
        law enforcement.  A criminal justice agency shall be notified, 
        upon request, of the existence and contents of a sealed record 
        containing conviction information about an applicant for 
        employment.  For purposes of this section a "criminal justice 
        agency" means courts or a government agency that performs the 
        administration of criminal justice under statutory authority. 
           Sec. 17.  Minnesota Statutes 1996, section 299C.65, is 
        amended by adding a subdivision to read: 
           Subd. 5.  [REVIEW OF FUNDING REQUESTS.] The criminal and 
        juvenile justice information policy group shall review the 
        funding requests for criminal justice information systems from 
        state, county, and municipal government agencies.  The policy 
        group shall review the requests for compatibility to statewide 
        criminal justice information systems.  The review shall be 
        forwarded to the chairs of the house judiciary committee and 
        judiciary finance division, and the chairs of the senate crime 
        prevention committee and crime prevention and judiciary finance 
        division. 
           Sec. 18.  Minnesota Statutes 1996, section 299D.07, is 
        amended to read: 
           299D.07 [HELICOPTERS AND FIXED WING AIRCRAFT.] 
           The commissioner of public safety is hereby authorized to 
        retain, acquire, maintain and operate helicopters and fixed wing 
        aircraft for the purposes of the highway patrol and the Bureau 
        of Criminal Apprehension and for any other law enforcement 
        purpose that the commissioner determines is appropriate.  The 
        commissioner also is authorized to employ state patrol officer 
        pilots as required. 
           Sec. 19.  Minnesota Statutes 1996, section 299F.051, is 
        amended to read: 
           299F.051 [TRAINING LOCAL FIREFIGHTERS; PROSECUTORS; AND 
        PEACE OFFICERS.] 
           Subdivision 1.  [CONTENT TRAINING UNIT.] An arson training 
        unit is established within the division of fire marshal to 
        develop and administer arson training courses throughout the 
        state for law enforcement and fire service personnel and for 
        prosecutors. 
           Subd. 1a.  [CURRICULUM.] The superintendent of the arson 
        training unit, in consultation with the bureau of criminal 
        apprehension, after consultation with the state fire marshal, 
        the Minnesota peace officers officer standards and training 
        board, the county attorneys association, the attorney general, 
        and the state advisory council on fire service education and 
        research, shall establish the content of a standardized 
        curriculum to be included in the training programs which shall 
        be available to firefighters and peace officers from political 
        subdivisions.  The content standardized curriculum shall include 
        fire scene investigation and preservation of evidence, 
        interviewing of witnesses and suspects, constitutional limits on 
        interrogation by sworn and nonsworn officers, and other topics 
        deemed necessary to successful criminal investigation. and 
        prosecution.  The training program offered to peace officers 
        shall meet the applicable preservice training requirements 
        established by the peace officer standards and training board 
        under section 626.8456. 
           Subd. 2.  [TRAINING LOCATIONS, INSTRUCTORS.] The arson 
        training unit, in cooperation with the superintendent of the 
        bureau of criminal apprehension, the board of peace officer 
        standards and training, the county attorneys association, and 
        the attorney general, shall provide courses at convenient 
        locations in the state for training firefighters and, peace 
        officers, and prosecutors in: 
           (1) the conduct of investigations following the occurrence 
        of a fire; and 
           (2) the prosecution of arson cases. 
           For this purpose, the superintendent arson training unit 
        may use the services and employees of the bureau, the state fire 
        marshal, and the attorney general.  In addition, after 
        consultation with the state fire marshal, the superintendent the 
        arson training unit is authorized to establish minimum 
        qualifications for training course instructors, and engage 
        part-time instructors necessary and proper to furnish the best 
        possible instruction, subject to the limitation of funds 
        appropriated and available for expenditure.  Laws 1981, chapter 
        210, sections 1 to 48, shall not apply to the part-time 
        instructors. 
           Subd. 3.  [IN-SERVICE TRAINING.] The state fire marshal and 
        the superintendent of arson training unit, in cooperation with 
        the bureau of criminal apprehension, in cooperation with the 
        Minnesota board of peace officer standards and training, shall 
        encourage the establishment of offer in-service and refresher 
        training for firefighters and peace officers through schools 
        administered by the state, county, school district, 
        municipality, or joint or contractual combinations thereof.  The 
        in-service training courses offered for peace officers shall be 
        eligible for continuing education credit from the Minnesota 
        board of peace officers officer standards and training shall 
        report to the governor and legislature on the progress made in 
        this effort as provided in section 626.843. 
           Subd. 4.  [COOPERATIVE INVESTIGATION; REIMBURSEMENT.] The 
        state fire marshal and the superintendent of the bureau of 
        criminal apprehension shall encourage the cooperation of local 
        firefighters and peace officers in the investigation of 
        violations of sections 609.561 to 609.576 or other crimes 
        associated with reported fires in all appropriate ways, 
        including the providing reimbursement of to political 
        subdivisions at a rate not to exceed 50 percent of the salaries 
        of peace officers and firefighters for time spent in attending 
        fire investigation training courses offered by the bureau arson 
        training unit.  Volunteer firefighters from a political 
        subdivision shall be reimbursed at the rate of $35 per day plus 
        expenses incurred in attending fire investigation training 
        courses offered by the bureau arson training unit.  
        Reimbursement shall be made only in the event that both a peace 
        officer and a firefighter from the same political subdivision 
        attend the same training course.  The reimbursement shall be 
        subject to the limitation of funds appropriated and available 
        for expenditure.  The state fire marshal and the superintendent 
        also shall encourage local firefighters and peace officers to 
        seek assistance from the arson strike force established in 
        section 299F.058. 
           Sec. 20.  [299F.058] [ARSON STRIKE FORCE.] 
           Subdivision 1.  [ARSON STRIKE FORCE.] A multijurisdictional 
        arson strike force is established to provide expert 
        investigative and prosecutorial assistance to local agencies on 
        request in complex or serious cases involving suspected arson. 
           Subd. 2.  [MEMBERSHIP.] (a) The arson strike force consists 
        of representatives from the following agencies and organizations:
           (1) the division of fire marshal; 
           (2) the bureau of criminal apprehension; 
           (3) the office of attorney general; 
           (4) the Minnesota county attorneys association; 
           (5) the Bureau of Alcohol, Tobacco, and Firearms of the 
        United States Treasury Department; 
           (6) the Minneapolis police and fire arson unit; 
           (7) the St. Paul police and fire arson unit; 
           (8) licensed private detectives selected by the state fire 
        marshal or the attorney general or their designees; and 
           (9) any other arson experts the arson strike force deems 
        appropriate to include. 
           The arson strike force, as necessary, may consult and work 
        with representatives of property insurance agencies and 
        organizations and any other private organizations that have 
        expertise in arson investigations and prosecutions. 
           (b) Representatives from the attorney general's office and 
        the county attorneys association who are members of the arson 
        strike force may assist in administering the strike force. 
           (c) The strike force expires June 30, 2001. 
           Subd. 3.  [INVESTIGATIVE DUTIES.] (a) The arson strike 
        force shall be available on a statewide basis to assist local 
        public safety agencies in investigating the following types of 
        suspected arson cases: 
           (1) serial fires; 
           (2) multijurisdictional fires; 
           (3) fires causing death or serious injury to a public 
        safety officer; 
           (4) fires resulting in multiple deaths or injuries; or 
           (5) fires causing over $1,000,000 in damage. 
           (b) The arson strike force shall establish a mechanism for 
        informing local public safety agencies that it is available to 
        assist in the investigation of the suspected arson cases 
        described in paragraph (a). 
           (c) The arson strike force shall, by means of a memorandum 
        of understanding among the involved agencies, develop and 
        implement a protocol for the strike force's activation and 
        operation in local cases of suspected arson. 
           (d) The arson strike force shall assist the arson training 
        unit established in section 299F.051 in developing and 
        implementing educational programs for public safety personnel on 
        investigating arson cases. 
           Subd. 4.  [PROSECUTION DUTIES.] (a) The arson strike force 
        may identify and establish a team of prosecutors with experience 
        in arson cases who will provide advice, on request, to local 
        prosecutors who are prosecuting or preparing to prosecute arson 
        cases.  This team shall include prosecutors from the attorney 
        general's office and county prosecutors who are identified and 
        selected by the county attorneys association. 
           (b) The arson strike force shall assist the arson training 
        unit established in section 299F.051 in developing educational 
        programs and manuals to assist prosecutors in prosecuting arson 
        cases. 
           Sec. 21.  [299F.059] [JUVENILE FIRESETTER INTERVENTION.] 
           Subdivision 1.  [INTERVENTION NETWORK.] The state fire 
        marshal shall establish a statewide juvenile firesetter 
        intervention network.  The network shall include a clearinghouse 
        of resources and materials to assist fire service personnel, 
        schools, law enforcement agencies, and mental health 
        professionals in understanding juvenile firesetting behavior and 
        symptoms and intervening with juveniles who engage in the 
        behavior or display the symptoms.  The state fire marshal shall 
        include in the network the comprehensive, injury prevention 
        education curriculum provided for in subdivision 2. 
           Subd. 2.  [EDUCATIONAL CURRICULUM.] The state fire marshal 
        shall ensure implementation of a comprehensive, injury 
        prevention education curriculum that focuses on juvenile fire 
        play intervention and injury prevention.  The curriculum shall 
        be made available to schools and other interested organizations 
        statewide. 
           Subd. 3.  [ANNUAL TRAINING FORUM.] The state fire marshal 
        shall develop strategies and plans designed to reduce the number 
        of juvenile firesetting incidents.  The state fire marshal shall 
        offer an annual training forum for fire service and law 
        enforcement personnel and for juvenile justice, medical, 
        educational, mental health, and other interested professionals 
        to discuss these strategies and other issues relating to 
        juvenile firesetter behavior and symptoms. 
           Subd. 4.  [MEDIA CAMPAIGN; KEEPING FIRE MATERIALS AWAY FROM 
        CHILDREN.] The state fire marshal shall develop an ongoing media 
        awareness campaign to instruct parents, retailers, and the 
        community on the importance of keeping fire materials away from 
        children and on methods for accomplishing that objective.  
           Sec. 22.  Minnesota Statutes 1996, section 299F.06, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [SUMMON WITNESSES; PRODUCE DOCUMENTARY 
        EVIDENCE.] (a) In order to establish if reasonable grounds exist 
        to believe that a violation of sections 609.561 to 609.576, has 
        occurred, or to determine compliance with the uniform fire code 
        or corrective orders issued thereunder, the state fire marshal, 
        chief assistant fire marshal, and deputy state fire marshals, 
        and the staff designated by the state fire marshal shall each 
        have the power in any county of the state to summon and compel 
        the attendance of witnesses to testify before them, or either of 
        them the state fire marshal, chief assistant fire marshal, or 
        deputy state fire marshals, to testify and may require the 
        production of any book, paper, or document deemed 
        pertinent thereto by them, or either of them.  The state fire 
        marshal may also designate certain individuals from fire 
        departments in cities of the first class and cities of the 
        second class as having the powers set forth in this paragraph. 
        These designated individuals may only exercise their powers in a 
        manner prescribed by the state fire marshal.  "Fire department" 
        has the meaning given in section 299F.092, subdivision 6.  
        "Cities of the first class" and "cities of the second class" 
        have the meanings given in section 410.01.  
           (b) A summons issued under this subdivision shall be served 
        in the same manner and have the same effect as subpoenas from 
        district courts.  All witnesses shall receive the same 
        compensation as is paid to witnesses in district courts, which 
        shall be paid out of the fire marshal fund upon vouchers signed 
        by the state fire marshal, chief assistant fire marshal, or 
        deputy fire marshal before whom any witnesses shall have 
        attended and this officer shall, at the close of the 
        investigation wherein the witness was subpoenaed, certify to the 
        attendance and mileage of the witness, which certificate shall 
        be filed in the office of the state fire marshal.  All 
        investigations held by or under the direction of the state fire 
        marshal, or any subordinate, may in the state fire marshal's 
        discretion be private and persons other than those required to 
        be present by the provisions of this chapter may be excluded 
        from the place where the investigation is held, and witnesses 
        may be kept separate and apart from each other and not allowed 
        to communicate with each other until they have been examined. 
           Sec. 23.  Minnesota Statutes 1996, section 299F.06, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PENALTY FOR REFUSAL TO TESTIFY OR PRODUCE 
        EVIDENCE.] Any witness who refuses to be sworn, or who refuses 
        to testify, or who disobeys any lawful order of the state fire 
        marshal, chief assistant fire marshal, or deputy state fire 
        marshal in relation to the investigation, or who fails or 
        refuses to produce any paper, book, or document touching any 
        matter under examination, or who is guilty of any contemptuous 
        conduct, after being summoned to appear before them to give 
        testimony in relation to any matter or subject under examination 
        or investigation may be summarily punished by the state fire 
        marshal, chief assistant state fire marshal, or deputy state 
        fire marshals as for contempt by a fine in a sum not exceeding 
        $100 or be committed to the county jail until such time as such 
        person may be willing to comply with any reasonable order made 
        by the state fire marshal, chief assistant state fire marshal, 
        or deputy state fire marshals, as provided in this chapter any 
        district court in the same manner as if the proceedings were 
        pending in that court, and subject to the provisions of section 
        588.01. 
           Sec. 24.  Minnesota Statutes 1996, section 326.3321, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [EXECUTIVE DIRECTOR.] The board 
        commissioner of public safety shall appoint an executive 
        director to serve in the unclassified service at the pleasure of 
        the board commissioner.  The executive director shall perform 
        the duties as the board and commissioner shall prescribe. 
           Sec. 25.  Minnesota Statutes 1996, section 326.3386, 
        subdivision 3, is amended to read: 
           Subd. 3.  [DESIGNATION FEE.] When a licensed private 
        detective or protective agent who is a partnership or 
        corporation, desires to designate a new qualified representative 
        or Minnesota manager, a fee equal to one-half of the application 
        license fee shall be submitted to the board. 
           Sec. 26.  Minnesota Statutes 1996, section 326.3386, is 
        amended by adding a subdivision to read: 
           Subd. 6a.  [TRAINING COURSE CERTIFICATION FEE.] An 
        applicant for training course certification, as specified in 
        section 326.3361, shall pay to the board a course certification 
        fee determined by the board. 
           Sec. 27.  Minnesota Statutes 1996, section 326.3386, is 
        amended by adding a subdivision to read: 
           Subd. 6b.  [TRAINING COURSE RECERTIFICATION FEE.] An 
        applicant for training course recertification shall pay to the 
        board a course recertification fee determined by the board. 
           Sec. 28.  Minnesota Statutes 1996, section 609.035, 
        subdivision 1, is amended to read: 
           Subdivision 1.  Except as provided in subdivision 
        subdivisions 2, subdivision 3, and 4, and in sections 609.251, 
        609.585, 609.21, subdivisions 3 and 4, 609.2691, 609.486, 
        609.494, and 609.856, if a person's conduct constitutes more 
        than one offense under the laws of this state, the person may be 
        punished for only one of the offenses and a conviction or 
        acquittal of any one of them is a bar to prosecution for any 
        other of them.  All the offenses, if prosecuted, shall be 
        included in one prosecution which shall be stated in separate 
        counts. 
           Sec. 29.  Minnesota Statutes 1996, section 609.035, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [EXCEPTION; ARSON OFFENSES.] Notwithstanding 
        section 609.04, a prosecution for or conviction of a violation 
        of sections 609.561 to 609.563 or 609.5641 is not a bar to 
        conviction of or punishment for any other crime committed by the 
        defendant as part of the same conduct when the defendant is 
        shown to have violated sections 609.561 to 609.563 or 609.5641 
        for the purpose of concealing any other crime. 
           For purposes of the sentencing guidelines, a violation of 
        sections 609.561 to 609.563 or 609.5641 is a crime against the 
        person. 
           Sec. 30.  Minnesota Statutes 1996, section 609.115, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PRESENTENCE INVESTIGATION.] (a) When a 
        defendant has been convicted of a misdemeanor or gross 
        misdemeanor, the court may, and when the defendant has been 
        convicted of a felony, the court shall, before sentence is 
        imposed, cause a presentence investigation and written report to 
        be made to the court concerning the defendant's individual 
        characteristics, circumstances, needs, potentialities, criminal 
        record and social history, the circumstances of the offense and 
        the harm caused by it to others and to the community.  At the 
        request of the prosecutor in a gross misdemeanor case, the court 
        shall order that a presentence investigation and report be 
        prepared.  The investigation shall be made by a probation 
        officer of the court, if there is one; otherwise it shall be 
        made by the commissioner of corrections.  The officer conducting 
        the presentence or predispositional investigation shall make 
        reasonable and good-faith efforts to contact and provide the 
        victim with the information required under section 611A.037, 
        subdivision 2.  Presentence investigations shall be conducted 
        and summary hearings held upon reports and upon the sentence to 
        be imposed upon the defendant in accordance with this section, 
        section 244.10, and the rules of criminal procedure. 
           (b) When the crime is a violation of sections 609.561 to 
        609.563, 609.5641, or 609.576 and involves a fire, the report 
        shall include a description of the financial and physical harm 
        the offense has had on the public safety personnel who responded 
        to the fire.  For purposes of this paragraph, "public safety 
        personnel" means the state fire marshal; employees of the 
        division of the state fire marshal; firefighters, regardless of 
        whether the firefighters receive any remuneration for providing 
        services; peace officers, as defined in section 626.05, 
        subdivision 2; individuals providing emergency management 
        services; and individuals providing emergency medical services. 
           (c) When the crime is a felony violation of chapter 152 
        involving the sale or distribution of a controlled substance, 
        the report shall include a description of any adverse social or 
        economic effects the offense has had on persons who reside in 
        the neighborhood where the offense was committed. 
           (d) The report shall also include the information relating 
        to crime victims required under section 611A.037, subdivision 1. 
        If the court directs, the report shall include an estimate of 
        the prospects of the defendant's rehabilitation and 
        recommendations as to the sentence which should be imposed.  In 
        misdemeanor cases the report may be oral. 
           (e) When a defendant has been convicted of a felony, and 
        before sentencing, the court shall cause a sentencing worksheet 
        to be completed to facilitate the application of the Minnesota 
        sentencing guidelines.  The worksheet shall be submitted as part 
        of the presentence investigation report.  
           The investigation shall be made by a probation officer of 
        the court, if there is one, otherwise by the commissioner of 
        corrections.  The officer conducting the presentence or 
        predispositional investigation shall make reasonable and good 
        faith efforts to contact the victim of that crime and to provide 
        that victim with the information required under section 
        611A.037, subdivision 2. 
           (f) When a person is convicted of a felony for which the 
        sentencing guidelines presume that the defendant will be 
        committed to the commissioner of corrections under an executed 
        sentence and no motion for a sentencing departure has been made 
        by counsel, the court may, when there is no space available in 
        the local correctional facility, commit the defendant to the 
        custody of the commissioner of corrections, pending completion 
        of the presentence investigation and report.  When a defendant 
        is convicted of a felony for which the sentencing guidelines do 
        not presume that the defendant will be committed to the 
        commissioner of corrections, or for which the sentencing 
        guidelines presume commitment to the commissioner but counsel 
        has moved for a sentencing departure, the court may commit the 
        defendant to the commissioner with the consent of the 
        commissioner, pending completion of the presentence 
        investigation and report.  The county of commitment shall return 
        the defendant to the court when the court so orders. 
           Presentence investigations shall be conducted and summary 
        hearings held upon reports and upon the sentence to be imposed 
        upon the defendant in accordance with this section, section 
        244.10, and the rules of criminal procedure. 
           Sec. 31.  Minnesota Statutes 1996, section 626.843, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [RULES REQUIRED.] The board shall adopt 
        rules with respect to: 
           (a) The certification of peace officer training schools, 
        programs, or courses including training schools for the 
        Minnesota state patrol.  Such schools, programs and courses 
        shall include those administered by the state, county, school 
        district, municipality, or joint or contractual combinations 
        thereof, and shall include preparatory instruction in law 
        enforcement and minimum basic training courses; 
           (b) Minimum courses of study, attendance requirements, and 
        equipment and facilities to be required at each certified peace 
        officers training school located within the state; 
           (c) Minimum qualifications for instructors at certified 
        peace officer training schools located within this state; 
           (d) Minimum standards of physical, mental, and educational 
        fitness which shall govern the recruitment and licensing of 
        peace officers within the state, by any state, county, 
        municipality, or joint or contractual combination thereof, 
        including members of the Minnesota state patrol; 
           (e) Minimum standards of conduct which would affect the 
        individual's performance of duties as a peace officer; 
           These standards shall be established and published.  The 
        board shall review the minimum standards of conduct described in 
        this paragraph for possible modification in 1998 and every three 
        years after that time. 
           (f) Minimum basic training which peace officers appointed 
        to temporary or probationary terms shall complete before being 
        eligible for permanent appointment, and the time within which 
        such basic training must be completed following any such 
        appointment to a temporary or probationary term; 
           (g) Minimum specialized training which part-time peace 
        officers shall complete in order to be eligible for continued 
        employment as a part-time peace officer or permanent employment 
        as a peace officer, and the time within which the specialized 
        training must be completed; 
           (h) Content of minimum basic training courses required of 
        graduates of certified law enforcement training schools or 
        programs.  Such courses shall not duplicate the content of 
        certified academic or general background courses completed by a 
        student but shall concentrate on practical skills deemed 
        essential for a peace officer.  Successful completion of such a 
        course shall be deemed satisfaction of the minimum basic 
        training requirement; 
           (i) Grading, reporting, attendance and other records, and 
        certificates of attendance or accomplishment; 
           (j) The procedures to be followed by a part-time peace 
        officer for notifying the board of intent to pursue the 
        specialized training for part-time peace officers who desire to 
        become peace officers pursuant to clause (g), and section 
        626.845, subdivision 1, clause (g); 
           (k) The establishment and use by any political subdivision 
        or state law enforcement agency which employs persons licensed 
        by the board of procedures for investigation and resolution of 
        allegations of misconduct by persons licensed by the board.  The 
        procedures shall be in writing and shall be established on or 
        before October 1, 1984; 
           (l) The issues that must be considered by each political 
        subdivision and state law enforcement agency that employs 
        persons licensed by the board in establishing procedures under 
        section 626.5532 to govern the conduct of peace officers who are 
        in pursuit of a vehicle being operated in violation of section 
        609.487, and requirements for the training of peace officers in 
        conducting pursuits.  The adoption of specific procedures and 
        requirements is within the authority of the political 
        subdivision or agency; 
           (m) Supervision of part-time peace officers and 
        requirements for documentation of hours worked by a part-time 
        peace officer who is on active duty.  These rules shall be 
        adopted by December 31, 1993; and 
           (n) Citizenship requirements for full-time and part-time 
        peace officers; 
           (o) Driver's license requirements for full-time and 
        part-time peace officers; and 
           (p) Such other matters as may be necessary consistent with 
        sections 626.84 to 626.855.  Rules promulgated by the attorney 
        general with respect to these matters may be continued in force 
        by resolution of the board if the board finds the rules to be 
        consistent with sections 626.84 to 626.855. 
           Sec. 32.  [626.8456] [TRAINING IN FIRE SCENE RESPONSE AND 
        ARSON AWARENESS.] 
           Subdivision 1.  [TRAINING COURSE.] The board, in 
        consultation with the division of fire marshal, shall prepare 
        objectives for a training course to instruct peace officers in 
        fire scene response and arson awareness.  
           Subd. 2.  [PRESERVICE TRAINING REQUIREMENT.] An individual 
        is not eligible to take the peace officer licensing examination 
        after August 1, 1998, unless the individual has received the 
        training described in subdivision 1. 
           Sec. 33.  [AWARD FOR EXCELLENCE IN PEACE OFFICER TRAINING.] 
           The board of peace officer standards and training shall 
        establish an award for excellence in peace officer training to 
        encourage innovation, quality, and effectiveness, and to 
        recognize achievement in the area of peace officer training.  
        The board may annually make awards in the categories of 
        individual achievement, lifetime achievement, and organizational 
        achievement.  The board shall establish standards regarding 
        award eligibility and application, evaluation, and selection 
        procedures. 
           Sec. 34.  [ASSIGNMENT OF BUREAU OF CRIMINAL APPREHENSION 
        AGENTS TO STRIKE FORCE.] 
           The superintendent of the bureau of criminal apprehension 
        shall assign experienced agents to the strike force described in 
        Minnesota Statutes, section 299A.625.  These agents shall 
        operate exclusively for the purposes listed in Minnesota 
        Statutes, section 299A.625, under the direction of the criminal 
        gang oversight council. 
           Sec. 35.  [ASSIGNMENT OF ASSISTANT ATTORNEY GENERAL TO 
        STRIKE FORCE.] 
           The attorney general shall assign an assistant attorney 
        general experienced in the prosecution of crimes committed by 
        criminal gangs to the strike force described in Minnesota 
        Statutes, section 299A.625.  This attorney shall operate 
        exclusively for the purposes listed in Minnesota Statutes, 
        section 299A.625, under the direction of the criminal gang 
        oversight council. 
           Sec. 36.  [REPEALER.] 
           Minnesota Statutes 1996, sections 299A.01, subdivision 6; 
        and 299F.07, are repealed.  Minnesota Rules, parts 7419.0100; 
        7419.0200; 7419.0300; 7419.0400; 7419.0500; 7419.0600; 
        7419.0700; and 7419.0800, are repealed. 
           Sec. 37.  [EFFECTIVE DATE.] 
           Sections 28 and 29 are effective August 1, 1997, and apply 
        to offenses committed on or after that date. 
                                   ARTICLE 9 
                                  CORRECTIONS 
           Section 1.  Minnesota Statutes 1996, section 144.761, 
        subdivision 5, is amended to read: 
           Subd. 5.  [EMERGENCY MEDICAL SERVICES PERSONNEL.] 
        "Emergency medical services personnel" means: 
           (1) individuals employed to provide prehospital emergency 
        medical services; 
           (2) persons employed as licensed police officers under 
        section 626.84, subdivision 1, who experience a significant 
        exposure in the performance of their duties; 
           (3) firefighters, paramedics, emergency medical 
        technicians, licensed nurses, rescue squad personnel, or other 
        individuals who serve as employees or volunteers of an ambulance 
        service as defined by sections 144.801 to 144.8091, who provide 
        prehospital emergency medical services; 
           (4) crime lab personnel receiving a significant exposure 
        while involved in a criminal investigation; 
           (5) correctional guards, including security guards at the 
        Minnesota security hospital, employed by the state or a local 
        unit of government who experience employed in state and local 
        correctional facilities and other employees of the state 
        department of corrections, if the guard or employee experiences 
        a significant exposure to an inmate who is transported to a 
        facility for emergency medical care in the performance of their 
        duties; and 
           (6) employees at the Minnesota security hospital and the 
        Minnesota sexual psychopathic personality treatment center who 
        are employed by the state or a local unit of government and who 
        experience a significant exposure in the performance of their 
        duties; and 
           (7) other persons who render emergency care or assistance 
        at the scene of an emergency, or while an injured person is 
        being transported to receive medical care, and who would qualify 
        for immunity from liability under the good samaritan law, 
        section 604A.01. 
           Sec. 2.  Minnesota Statutes 1996, section 144.761, 
        subdivision 7, is amended to read: 
           Subd. 7.  [SIGNIFICANT EXPOSURE.] "Significant exposure" 
        means: 
           (1) contact, in a manner supported by contemporary 
        epidemiological research as a method of HIV or hepatitis B 
        transmission, of the broken skin or mucous membrane of emergency 
        medical services personnel with a patient's blood, amniotic 
        fluid, pericardial fluid, peritoneal fluid, pleural fluid, 
        synovial fluid, cerebrospinal fluid, semen, vaginal secretions, 
        or bodily fluids grossly contaminated with blood; 
           (2) a needle stick, scalpel or instrument wound, or other 
        wound inflicted by an object that is contaminated with blood, 
        and that is capable of cutting or puncturing the skin of 
        emergency medical services personnel; or 
           (3) an exposure that occurs by any other method of 
        transmission recognized by contemporary epidemiological 
        standards as a significant exposure. 
           Sec. 3.  Minnesota Statutes 1996, section 144.762, 
        subdivision 2, is amended to read: 
           Subd. 2.  [REQUIREMENTS FOR PROTOCOL.] The postexposure 
        notification protocol must include the following: 
           (1) a method for emergency medical services personnel to 
        notify the facility that they may have experienced a significant 
        exposure from a patient that was transported to the facility.  
        The facility shall provide to the emergency medical services 
        personnel a significant exposure report form to be completed by 
        the emergency medical services personnel in a timely fashion; 
           (2) a process to investigate and determine whether a 
        significant exposure has occurred.  This investigation must be 
        completed within 72 hours of receipt of the exposure report, or 
        within a time period that will enable the patient to benefit 
        from contemporary standards of care for reducing the risk of 
        infection; 
           (3) if there has been a significant exposure, a process to 
        determine whether the patient has hepatitis B or HIV infection; 
           (4) if the patient has an infectious disease that could be 
        transmitted by the type of exposure that occurred, or, if it is 
        not possible to determine what disease the patient may have, a 
        process for making recommendations for appropriate counseling 
        and testing to the emergency medical services personnel; 
           (5) compliance with applicable state and federal laws 
        relating to data practices, confidentiality, informed consent, 
        and the patient bill of rights; and 
           (6) a process for providing counseling for the patient to 
        be tested and for the emergency medical services personnel 
        filing the exposure report. 
           Sec. 4.  Minnesota Statutes 1996, section 144.762, is 
        amended by adding a subdivision to read: 
           Subd. 2a.  [ADDITIONAL PROTOCOL REQUIREMENTS.] In addition 
        to the protocol requirements under subdivision 2, the 
        postexposure notification protocol must provide a process for a 
        licensed physician at the facility to conduct an immediate 
        investigation into whether a significant exposure has occurred 
        whenever emergency medical services personnel present themselves 
        at a facility within six hours of a possible significant 
        exposure.  If the investigation shows that a significant 
        exposure occurred, the protocol must provide a process for 
        determining whether the patient has hepatitis B or HIV infection 
        by means of mandatory reporting under section 144.765, 
        subdivision 2, and reporting of results under sections 144.761, 
        subdivision 2, clauses (4), (5), and (6), and 144.767. 
           Sec. 5.  Minnesota Statutes 1996, section 144.765, is 
        amended to read: 
           144.765 [PATIENT'S RIGHT TO REFUSE TESTING.] 
           Subdivision 1.  [VOLUNTARY TESTING.] (a) Upon notification 
        of a significant exposure, the facility shall ask the patient to 
        consent to blood testing to determine the presence of the HIV 
        virus or the hepatitis B virus.  The patient shall be informed 
        that the test results without personally identifying information 
        will be reported to the emergency medical services personnel. 
           (b) The patient shall be informed of the right to refuse to 
        be tested, that refusal could result in a request for a court 
        order to force reporting of hepatitis B or HIV infection status, 
        and that information collected through this process is for 
        medical purposes and cannot be used as evidence in any criminal 
        proceedings.  If the patient refuses to be tested, the patient's 
        refusal will be forwarded to the emergency medical services 
        agency and to the emergency medical services personnel. 
           Subd. 2.  [MANDATORY REPORTING.] If a patient is subject to 
        voluntary testing under section 144.762, subdivision 2a, and is 
        either unavailable for immediate testing at the facility or 
        refuses to submit to a blood test, the emergency medical 
        services personnel employer shall locate and ask the patient to 
        report and present documentation from a licensed physician of 
        the patient's most recent known HIV and hepatitis B infection 
        status within 24 hours.  The patient shall be informed that the 
        test results without personally identifying information will be 
        reported to the emergency medical services personnel.  The 
        patient shall be informed that refusal could result in a request 
        for a court order to force reporting, and that information 
        collected through this process is for medical purposes and 
        cannot be used as evidence in any criminal proceedings.  If the 
        patient refuses to report, the patient's refusal will be 
        forwarded to the emergency medical services personnel. 
           Subd. 3.  [MANDATORY TESTING.] The right to refuse a blood 
        test under the circumstances described in this section does not 
        apply to a prisoner who is in the custody or under the 
        jurisdiction of the commissioner of corrections or a local 
        correctional authority as a result of a criminal conviction. 
           Subd. 4.  [COURT ORDER.] If a patient is subject to 
        mandatory reporting under subdivision 2, and either is 
        unavailable for reporting to the facility or refuses to submit a 
        report, the emergency medical services personnel may seek a 
        court order to compel the patient to submit to reporting.  Court 
        proceedings under this subdivision shall be given precedence 
        over other pending matters so that the court may reach a prompt 
        decision without delay.  The court shall order the patient to 
        submit to reporting upon proof that:  (1) an investigation by a 
        licensed physician under section 144.762, subdivision 2a, showed 
        that the emergency medical services personnel experienced a 
        significant exposure; and (2) the information is necessary for a 
        decision about beginning, continuing, or discontinuing a medical 
        intervention and will not cause undue hardship or harm to the 
        health of the patient. 
           Sec. 6.  Minnesota Statutes 1996, section 144.767, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [REPORT TO EMPLOYER.] Results of tests 
        conducted or reports received under this section shall be 
        reported by the facility to a designated agent of the emergency 
        medical services agency that employs or uses the emergency 
        medical services personnel and to the emergency medical services 
        personnel who report the significant exposure.  The test results 
        or reports shall be reported without personally identifying 
        information and may be used only for medical purposes and may 
        not be used as evidence in any criminal prosecution. 
           Sec. 7.  Minnesota Statutes 1996, section 241.01, 
        subdivision 3a, is amended to read: 
           Subd. 3a.  [COMMISSIONER, POWERS AND DUTIES.] The 
        commissioner of corrections has the following powers and duties: 
           (a) To accept persons committed to the commissioner by the 
        courts of this state for care, custody, and rehabilitation. 
           (b) To determine the place of confinement of committed 
        persons in a correctional facility or other facility of the 
        department of corrections and to prescribe reasonable conditions 
        and rules for their employment, conduct, instruction, and 
        discipline within or outside the facility.  Inmates shall not 
        exercise custodial functions or have authority over other 
        inmates.  Inmates may serve on the board of directors or hold an 
        executive position subordinate to correctional staff in any 
        corporation, private industry or educational program located on 
        the grounds of, or conducted within, a state correctional 
        facility with written permission from the chief executive 
        officer of the facility.  
           (c) To administer the money and property of the department. 
           (d) To administer, maintain, and inspect all state 
        correctional facilities. 
           (e) To transfer authorized positions and personnel between 
        state correctional facilities as necessary to properly staff 
        facilities and programs. 
           (f) To utilize state correctional facilities in the manner 
        deemed to be most efficient and beneficial to accomplish the 
        purposes of this section, but not to close the Minnesota 
        correctional facility-Stillwater or the Minnesota correctional 
        facility-St. Cloud without legislative approval.  The 
        commissioner may place juveniles and adults at the same state 
        minimum security correctional facilities, if there is total 
        separation of and no regular contact between juveniles and 
        adults, except contact incidental to admission, classification, 
        and mental and physical health care.  
           (g) To organize the department and employ personnel the 
        commissioner deems necessary to discharge the functions of the 
        department, including a chief executive officer for each 
        facility under the commissioner's control who shall serve in the 
        unclassified civil service and may, under the provisions of 
        section 43A.33, be removed only for cause, and two internal 
        affairs officers for security. 
           (h) To define the duties of these employees and to delegate 
        to them any of the commissioner's powers, duties and 
        responsibilities, subject to the commissioner's control and the 
        conditions the commissioner prescribes. 
           (i) To annually develop a comprehensive set of goals and 
        objectives designed to clearly establish the priorities of the 
        department of corrections.  This report shall be submitted to 
        the governor and the state legislature commencing January 1, 
        1976.  The commissioner may establish ad hoc advisory committees.
           Sec. 8.  Minnesota Statutes 1996, section 241.01, 
        subdivision 3b, is amended to read: 
           Subd. 3b.  [MISSION; EFFICIENCY.] It is part of the 
        department's mission that within the department's resources the 
        commissioner shall endeavor to: 
           (1) prevent the waste or unnecessary spending of public 
        money; 
           (2) use innovative fiscal and human resource practices to 
        manage the state's resources and operate the department as 
        efficiently as possible; 
           (3) coordinate the department's activities wherever 
        appropriate with the activities of other governmental agencies; 
           (4) use technology where appropriate to increase agency 
        productivity, improve service to the public, increase public 
        access to information about government, and increase public 
        participation in the business of government; 
           (5) utilize constructive and cooperative labor-management 
        practices to the extent otherwise required by chapters 43A and 
        179A; 
           (6) include specific objectives in the performance report 
        required under section sections 15.91 and 241.015 to increase 
        the efficiency of agency operations, when appropriate; and 
           (7) recommend to the legislature, in the performance report 
        of the department required under section sections 15.91 and 
        241.015, appropriate changes in law necessary to carry out the 
        mission of the department. 
           Sec. 9.  [241.015] [ANNUAL PERFORMANCE REPORTS REQUIRED.] 
           Notwithstanding section 15.91, the department of 
        corrections must issue a performance report by November 30 of 
        each year.  The issuance and content of the report must conform 
        with section 15.91. 
           Sec. 10.  [241.277] [PILOT PROJECT WORK PROGRAM AT CAMP 
        RIPLEY.] 
           Subdivision 1.  [PROGRAM ESTABLISHED.] The commissioner of 
        corrections shall establish a four-year pilot project work 
        program at Camp Ripley.  The program must serve adult male 
        nonviolent felony and gross misdemeanor offenders who are 
        ordered to complete the program by courts under section 609.113. 
           Subd. 2.  [REQUEST FOR PROPOSALS.] After consulting with 
        and considering the advice of the association of Minnesota 
        counties, the commissioner may issue a request for proposals and 
        select a vendor to operate the program.  Section 16B.17 does not 
        apply to the issuance of the request for proposals. 
           Subd. 3.  [PROGRAM DESCRIBED.] The program must require 
        offenders placed there to perform physical labor for at least 
        eight hours a day either at the facility or in other locations 
        in the surrounding area and must provide basic educational 
        programming in the evening. 
           Subd. 4.  [PROGRAM GUIDELINES.] The commissioner shall 
        develop guidelines for the operation of the work program.  These 
        guidelines must, at a minimum, address the nature and location 
        of the physical labor required and the extent of the educational 
        programming offered. 
           Subd. 5.  [STATUS OF OFFENDER.] An offender sentenced to 
        the work program is not committed to the commissioner of 
        corrections.  Instead, the offender is under the continuing 
        jurisdiction of the sentencing court.  Offenders sentenced to 
        the work program are not considered incarcerated for purposes of 
        computing good time or credit for time served.  
           Subd. 6.  [LENGTH OF STAY.] An offender sentenced by a 
        court to the work program must serve a minimum of two-thirds of 
        the pronounced sentence unless the offender is terminated from 
        the program and remanded to the custody of the sentencing court 
        as provided in subdivision 7.  The offender may be required to 
        remain at the program beyond the minimum sentence for any period 
        up to the full sentence if the offender violates disciplinary 
        rules. 
           Subd. 7.  [SANCTIONS.] The commissioner shall ensure that 
        severe and meaningful sanctions are imposed for violations of 
        the conditions of the work program.  The commissioner shall 
        require that an offender be removed from the program and 
        remanded to the custody of the sentencing court if the offender: 
           (1) commits a material violation of or repeatedly fails to 
        follow the rules of the program; 
           (2) commits any misdemeanor, gross misdemeanor, or felony 
        offense; or 
           (3) presents a risk to the public, based on the offender's 
        behavior, attitude, or abuse of alcohol or controlled substances.
           Subd. 8.  [DISCIPLINARY RULES.] By January 1, 1998, the 
        commissioner shall develop disciplinary rules applicable to the 
        work program, a violation of which may result in extending an 
        offender's stay at the program for any period of time up to the 
        maximum sentence.  These rules may address violations of program 
        rules, refusal to work, refusal to participate in the 
        educational program, and other matters determined by the 
        commissioner.  Extending an offender's stay shall be considered 
        to be a disciplinary sanction imposed upon the offender, and the 
        procedure for imposing the extension and the rights of the 
        offender in the procedure shall be those in effect for the 
        imposition of other disciplinary sanctions at state correctional 
        institutions. 
           Subd. 9.  [COSTS OF PROGRAM.] Counties sentencing offenders 
        to the program must pay 25 percent of the per diem expenses for 
        the offender.  The commissioner is responsible for all other 
        costs associated with the placement of offenders in the program, 
        including, but not limited to, the remaining per diem expenses 
        and the full cost of transporting offenders to and from the 
        program. 
           Subd. 10.  [REPORT.] By January 15, 2002, the commissioner 
        shall report to the chairs of the senate and house committees 
        and divisions having jurisdiction over criminal justice policy 
        and funding on this program.  The report must contain 
        information on the recidivism rates for offenders sentenced to 
        the program. 
           Sec. 11.  Minnesota Statutes 1996, section 241.42, 
        subdivision 2, is amended to read: 
           Subd. 2.  "Administrative agency" or "agency" means any 
        division, official, or employee of the Minnesota department of 
        corrections, the commissioner of corrections, the board of 
        pardons, and regional correction or detention facilities or 
        agencies for correction or detention programs including those 
        programs or facilities operating under chapter 401, any regional 
        or local correctional facility licensed or inspected by the 
        commissioner of corrections, whether public or private, 
        established and operated for the detention and confinement of 
        adults or juveniles, including, but not limited to, programs or 
        facilities operating under chapter 401, adult halfway homes, 
        group foster homes, secure juvenile detention facilities, 
        juvenile residential facilities, municipal holding facilities, 
        juvenile temporary holdover facilities, regional or local jails, 
        lockups, work houses, work farms, and detention and treatment 
        facilities, but does not include: 
           (a) any court or judge; 
           (b) any member of the senate or house of representatives of 
        the state of Minnesota; 
           (c) the governor or the governor's personal staff; 
           (d) any instrumentality of the federal government of the 
        United States; or 
           (e) any political subdivision of the state of Minnesota; 
           (f) any interstate compact. 
           Sec. 12.  Minnesota Statutes 1996, section 241.44, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [POWERS.] The ombudsman may: 
           (a) prescribe the methods by which complaints are to be 
        made, reviewed, and acted upon; provided, however, that the 
        ombudsman may not levy a complaint fee; 
           (b) determine the scope and manner of investigations to be 
        made; 
           (c) Except as otherwise provided, determine the form, 
        frequency, and distribution of conclusions, recommendations, and 
        proposals; provided, however, that the governor or a 
        representative may, at any time the governor deems it necessary, 
        request and receive information from the ombudsman.  Neither the 
        ombudsman nor any member of the ombudsman's staff member shall 
        be compelled to testify or to produce evidence in any court 
        judicial or administrative proceeding with respect to any matter 
        involving the exercise of the ombudsman's official duties except 
        as may be necessary to enforce the provisions of sections 241.41 
        to 241.45; 
           (d) investigate, upon a complaint or upon personal 
        initiative, any action of an administrative agency; 
           (e) request and shall be given access to information in the 
        possession of an administrative agency deemed necessary for the 
        discharge of responsibilities; 
           (f) examine the records and documents of an administrative 
        agency; 
           (g) enter and inspect, at any time, premises within the 
        control of an administrative agency; 
           (h) subpoena any person to appear, give testimony, or 
        produce documentary or other evidence which the ombudsman deems 
        relevant to a matter under inquiry, and may petition the 
        appropriate state court to seek enforcement with the subpoena; 
        provided, however, that any witness at a hearing or before an 
        investigation as herein provided, shall possess the same 
        privileges reserved to such a witness in the courts or under the 
        laws of this state; 
           (i) bring an action in an appropriate state court to 
        provide the operation of the powers provided in this 
        subdivision.  The ombudsman may use the services of legal 
        assistance to Minnesota prisoners for legal counsel.  The 
        provisions of sections 241.41 to 241.45 are in addition to other 
        provisions of law under which any remedy or right of appeal or 
        objection is provided for any person, or any procedure provided 
        for inquiry or investigation concerning any matter. Nothing in 
        sections 241.41 to 241.45 shall be construed to limit or affect 
        any other remedy or right of appeal or objection nor shall it be 
        deemed part of an exclusionary process; and 
           (j) be present at commissioner of corrections parole and 
        parole revocation hearings and deliberations. 
           Sec. 13.  Minnesota Statutes 1996, section 241.44, is 
        amended by adding a subdivision to read: 
           Subd. 3a.  [INVESTIGATION OF ADULT LOCAL JAILS AND 
        DETENTION FACILITIES.] Either the ombudsman or the department of 
        corrections' jail inspection unit may investigate complaints 
        involving local adult jails and detention facilities.  The 
        ombudsman and department of corrections must enter into an 
        arrangement with one another that ensures that they are not 
        duplicating each other's services. 
           Sec. 14.  [242.085] [STATE POLICY REGARDING PLACEMENT OF 
        JUVENILES OUT OF STATE.] 
           It is the policy of this state that delinquent juveniles be 
        supervised and programmed for within the state.  Courts are 
        requested, to the greatest extent possible and when in the best 
        interests of the child, to place these juveniles within the 
        state. 
           Sec. 15.  Minnesota Statutes 1996, section 242.19, 
        subdivision 3, is amended to read: 
           Subd. 3.  [RETAKING ABSCONDING AND OTHER PERSON.] The 
        written order of the commissioner of corrections is authority to 
        any peace officer or parole or probation officer to take and 
        detain any child committed to the commissioner of corrections by 
        a juvenile court who absconds from field supervision or escapes 
        from confinement, violates furlough conditions, or is released 
        from court while on institution status.  However, if the child 
        has attained the age of 18 years, the commissioner shall issue a 
        warrant directed to any peace officer or parole or probation 
        officer requiring that the fugitive be taken into immediate 
        custody to await the further order of the commissioner.  Any 
        person of the age of 18 years or older who is taken into custody 
        under the provisions of this subdivision may be detained as 
        provided in section 260.173, subdivision 4. 
           Sec. 16.  [242.192] [CHARGES TO COUNTIES.] 
           The commissioner shall charge counties or other appropriate 
        jurisdictions for the actual per diem cost of confinement of 
        juveniles at the Minnesota correctional facility-Red Wing.  This 
        charge applies to both counties that participate in the 
        community corrections act and those that do not.  The 
        commissioner shall annually determine costs, making necessary 
        adjustments to reflect the actual costs of confinement.  All 
        money received under this section must be deposited in the state 
        treasury and credited to the general fund. 
           Sec. 17.  Minnesota Statutes 1996, section 242.32, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [EXCEPTION.] This section does not apply to a 
        privately operated facility licensed by the commissioner in Rock 
        county, Minnesota.  Up to 32 beds constructed and operated by a 
        privately operated facility licensed by the commissioner in Rock 
        County, Minnesota, for long-term residential secure programming 
        do not count toward the 100-bed limitation in subdivision 3. 
           Sec. 18.  [243.055] [COMPUTER RESTRICTIONS.] 
           Subdivision 1.  [RESTRICTIONS TO USE OF ONLINE 
        SERVICES.] If the commissioner believes a significant risk 
        exists that a parolee, state-supervised probationer, or 
        individual on supervised release may use an Internet service or 
        online service to engage in criminal activity or to associate 
        with individuals who are likely to encourage the individual to 
        engage in criminal activity, the commissioner may impose one or 
        more of the following conditions: 
           (1) prohibit the individual from possessing or using a 
        computer with access to an Internet service or online service 
        without the prior written approval of the commissioner; 
           (2) prohibit the individual from possessing or using any 
        data encryption technique or program; 
           (3) require the individual to consent to periodic 
        unannounced examinations of the individual's computer equipment 
        by a parole or probation agent, including the retrieval and 
        copying of all data from the computer and any internal or 
        external peripherals and removal of such equipment to conduct a 
        more thorough inspection; 
           (4) require consent of the individual to have installed on 
        the individual's computer, at the individual's expense, one or 
        more hardware or software systems to monitor computer use; and 
           (5) any other restrictions the commissioner deems necessary.
           Subd. 2.  [RESTRICTIONS ON COMPUTER USE.] If the 
        commissioner believes a significant risk exists that a parolee, 
        state-supervised probationer, or individual on supervised 
        release may use a computer to engage in criminal activity or to 
        associate with individuals who are likely to encourage the 
        individual to engage in criminal activity, the commissioner may 
        impose one or more of the following restrictions: 
           (1) prohibit the individual from accessing through a 
        computer any material, information, or data that relates to the 
        activity involved in the offense for which the individual is on 
        probation, parole, or supervised release; 
           (2) require the individual to maintain a daily log of all 
        addresses the individual accesses through computer other than 
        for authorized employment and to make this log available to the 
        individual's parole or probation agent; 
           (3) provide all personal and business telephone records to 
        the individual's parole or probation agent upon request, 
        including written authorization allowing the agent to request a 
        record of all of the individual's outgoing and incoming 
        telephone calls from any telephone service provider; 
           (4) prohibit the individual from possessing or using a 
        computer that contains an internal modem and from possessing or 
        using an external modem without the prior written consent of the 
        commissioner; 
           (5) prohibit the individual from possessing or using any 
        computer, except that the individual may, with the prior 
        approval of the individual's parole or probation agent, use a 
        computer in connection with authorized employment; 
           (6) require the individual to consent to disclosure of the 
        computer-related restrictions that the commissioner has imposed 
        to any employer or potential employer; and 
           (7) any other restrictions the commissioner deems necessary.
           Subd. 3.  [LIMITS ON RESTRICTION.] In imposing 
        restrictions, the commissioner shall take into account that 
        computers are used for numerous, legitimate purposes and that, 
        in imposing restrictions, the least restrictive condition 
        appropriate to the individual shall be used. 
           Sec. 19.  [243.161] [RESIDING IN MINNESOTA WITHOUT 
        PERMISSION UNDER INTERSTATE COMPACT; PENALTY.] 
           Any person who is on parole or probation in another state 
        who resides in this state in violation of section 243.16, may be 
        sentenced to imprisonment for not more than five years or to 
        payment of a fine of not more than $10,000, or both. 
           Sec. 20.  Minnesota Statutes 1996, section 243.51, 
        subdivision 1, is amended to read: 
           Subdivision 1.  The commissioner of corrections is hereby 
        authorized to contract with agencies and bureaus of the United 
        States and with the proper officials of other states or a county 
        of this state for the custody, care, subsistence, education, 
        treatment and training of persons convicted of criminal offenses 
        constituting felonies in the courts of this state, the United 
        States, or other states of the United States.  Such contracts 
        shall provide for reimbursing the state of Minnesota for all 
        costs or other expenses involved.  Funds received under such 
        contracts shall be deposited in the state treasury and are 
        appropriated to the commissioner of corrections for correctional 
        purposes, including capital improvements.  Any prisoner 
        transferred to the state of Minnesota pursuant to this 
        subdivision shall be subject to the terms and conditions of the 
        prisoner's original sentence as if the prisoner were serving the 
        same within the confines of the state in which the conviction 
        and sentence was had or in the custody of the United States.  
        Nothing herein shall deprive such inmate of the right to parole 
        or the rights to legal process in the courts of this state.  
           Sec. 21.  Minnesota Statutes 1996, section 243.51, 
        subdivision 3, is amended to read: 
           Subd. 3.  [TEMPORARY DETENTION.] The commissioner of 
        corrections is authorized to contract with agencies and bureaus 
        of the United States and with the appropriate officials of any 
        other state or county of this state for the temporary detention 
        of any person in custody pursuant to any process issued under 
        the authority of the United States, other states of the United 
        States, or the district courts of this state.  The contract 
        shall provide for reimbursement to the state of Minnesota for 
        all costs and expenses involved.  Money received under contracts 
        shall be deposited in the state treasury and are appropriated to 
        the commissioner of corrections for correctional purposes, 
        including capital improvements. 
           Sec. 22.  Minnesota Statutes 1996, section 243.51, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [ANNUAL REPORT TO LEGISLATURE.] By February 1 of 
        each year, the commissioner of corrections shall report to the 
        chairs of the house and senate divisions having jurisdiction 
        over criminal justice funding on money collected in the 
        preceding year under contracts authorized in subdivisions 1 and 
        3.  At a minimum, the report must describe: 
           (1) the amount received, including a breakdown of its 
        source; 
           (2) the per diem charges under the contracts; and 
           (3) how the money was spent. 
           Sec. 23.  [243.556] [RESTRICTIONS ON INMATES' COMPUTER 
        ACCESS.] 
           Subdivision 1.  [RESTRICTIONS TO USE OF ONLINE 
        SERVICES.] No adult inmate in a state correctional facility may 
        use or have access to any Internet service or online service, 
        except for work, educational, and vocational purposes approved 
        by the commissioner. 
           Subd. 2.  [RESTRICTIONS ON COMPUTER USE.] The commissioner 
        shall restrict inmates' computer use to legitimate work, 
        educational, and vocational purposes.  
           Subd. 3.  [MONITORING OF COMPUTER USE.] The commissioner 
        shall monitor all computer use by inmates and perform regular 
        inspections of computer equipment. 
           Sec. 24.  [243.93] [CORRECTIONAL FACILITY SITE SELECTION 
        COMMITTEE.] 
           Subdivision 1.  [CREATION; MEMBERSHIP.] (a) An advisory 
        task force is created to coordinate the site selection process 
        for state correctional facilities.  The task force shall convene 
        when the legislature authorizes the planning of a new 
        correctional facility.  The task force, to be known as the site 
        selection committee, consists of the: 
           (1) commissioner of corrections or the commissioner's 
        designee; 
           (2) deputy commissioner of corrections who has supervision 
        and control over correctional facilities; 
           (3) commissioner of transportation or the commissioner's 
        designee; 
           (4) commissioner of administration or the commissioner's 
        designee; 
           (5) chairs of the senate crime prevention committee and 
        crime prevention finance division and the ranking members of 
        that committee and division from the minority political caucus, 
        or the chairs' and ranking members' designees; and 
           (6) chairs of the house judiciary committee and judiciary 
        finance division and the ranking members of that committee and 
        division from the minority political caucus or the chairs' and 
        ranking members' designees. 
           (b) The chairs of the senate crime prevention finance 
        division and house judiciary finance division, or the chairs' 
        designees, shall chair the committee. 
           Subd. 2.  [SITE SELECTION PROCESS.] The committee shall 
        develop a correctional site selection process that most 
        effectively and efficiently utilizes state financial resources 
        for construction of correctional facilities.  The committee may 
        include such other factors as the committee considers relevant 
        as criteria for the site selection process. 
           Subd. 3.  [RECOMMENDATIONS.] Before recommendation of an 
        individual site for a correctional facility, the committee shall 
        require that all costs associated with the facility and the site 
        be identified and reported, including but not limited to 
        construction costs, site improvement, infrastructure upgrades, 
        and operating costs for that site.  The commissioners of 
        administration and corrections and any other agencies involved 
        with site construction or land acquisition shall cooperate with 
        the committee in supplying information described in this 
        subdivision and any other information required for project 
        budgets under section 16B.335. 
           Subd. 4.  [REPORT.] The committee shall report its 
        recommendations for the siting of correctional facilities to the 
        legislature. 
           Subd. 5.  [LEGISLATIVE AUTHORIZATION OF SITE.] Each site 
        for a new state of Minnesota correctional facility shall be 
        chosen in the law authorizing and providing funding for the 
        facility. 
           Subd. 6.  [STAFFING.] The committee may utilize employees 
        from the legislative and executive branch entities with 
        membership on the committee.  The department of administration 
        shall provide administrative support. 
           Sec. 25.  Minnesota Statutes 1996, section 244.05, 
        subdivision 8, is amended to read: 
           Subd. 8.  [CONDITIONAL MEDICAL RELEASE.] Notwithstanding 
        subdivisions 4 and 5, the commissioner may order that an any 
        offender be placed on conditional medical release before the 
        offender's scheduled supervised release date or target release 
        date if the offender suffers from a grave illness or medical 
        condition and the release poses no threat to the public.  In 
        making the decision to release an offender on this status, the 
        commissioner must consider the offender's age and medical 
        condition, the health care needs of the offender, the offender's 
        custody classification and level of risk of violence, the 
        appropriate level of community supervision, and alternative 
        placements that may be available for the offender.  An inmate 
        may not be released under this provision unless the commissioner 
        has determined that the inmate's health costs are likely to be 
        borne by medical assistance, Medicaid, general assistance 
        medical care, veteran's benefits, or by any other federal or 
        state medical assistance programs or by the inmate.  Conditional 
        medical release is governed by provisions relating to supervised 
        release except that it may be rescinded without hearing by the 
        commissioner if the offender's medical condition improves to the 
        extent that the continuation of the conditional medical release 
        presents a more serious risk to the public. 
           Sec. 26.  Minnesota Statutes 1996, section 244.17, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ELIGIBILITY.] The commissioner must limit the 
        challenge incarceration program to the following persons: 
           (1) offenders who are committed to the commissioner's 
        custody following revocation of a stayed sentence; and 
           (2) offenders who are committed to the commissioner's 
        custody, who have 36 48 months or less in or remaining in their 
        term of imprisonment, and who did not receive a dispositional 
        departure under the sentencing guidelines. 
        An eligible inmate is not entitled to participate in the program.
           Sec. 27.  [244.20] [PROBATION SUPERVISION.] 
           Notwithstanding sections 260.311, subdivision 1, and 
        609.135, subdivision 1, the department of corrections shall have 
        exclusive responsibility for providing probation services for 
        adult felons in counties that do not take part in the Community 
        Corrections Act.  In counties that do not take part in the 
        Community Corrections Act, the responsibility for providing 
        probation services for individuals convicted of gross 
        misdemeanor offenses shall be discharged according to local 
        judicial policy. 
           Sec. 28.  [244.21] [COLLECTION OF INFORMATION ON OFFENDERS; 
        REPORTS REQUIRED.] 
           Subdivision 1.  [COLLECTION OF INFORMATION BY PROBATION 
        SERVICE PROVIDERS; REPORT REQUIRED.] By January 1, 1998, 
        probation service providers shall begin collecting and 
        maintaining information on offenders under supervision.  The 
        commissioner of corrections shall specify the nature and extent 
        of the information to be collected.  By April 1 of every year, 
        each probation service provider shall report a summary of the 
        information collected to the commissioner. 
           Subd. 2.  [COMMISSIONER OF CORRECTIONS REPORT.] By January 
        15, 1998, the commissioner of corrections shall report to the 
        chairs of the senate crime prevention and house of 
        representatives judiciary committees on recommended methods of 
        coordinating the exchange of information collected on offenders 
        under subdivision 1:  (1) between probation service providers; 
        and (2) between probation service providers and the department 
        of corrections, without requiring service providers to acquire 
        uniform computer software. 
           Sec. 29.  [244.22] [REVIEW OF PLANNED EXPENDITURES OF 
        PROBATION SERVICE PROVIDERS; DISTRIBUTION OF MONEY TO MULTIPLE 
        PROBATION SERVICE PROVIDERS WITHIN A SINGLE COUNTY.] 
           (a) The commissioner of corrections shall review the 
        planned expenditures of probation service providers before 
        allocating probation caseload reduction grants appropriated by 
        the legislature.  The review must determine whether the planned 
        expenditures comply with applicable law. 
           (b) In counties where probation services are provided by 
        both county and department of corrections employees, a 
        collaborative plan addressing the local needs shall be 
        developed.  The commissioner of corrections shall specify the 
        manner in which probation caseload reduction grant money shall 
        be distributed between the providers according to the approved 
        plan. 
           Sec. 30.  [244.24] [CLASSIFICATION SYSTEM FOR ADULT 
        OFFENDERS.] 
           By February 1, 1998, all probation agencies shall adopt 
        written policies for classifying adult offenders.  The 
        commissioner of corrections shall assist probation agencies in 
        locating organizations that may provide training and technical 
        assistance to the agencies concerning methods to develop and 
        implement effective, valid classification systems. 
           Sec. 31.  Minnesota Statutes 1996, section 260.1735, is 
        amended to read: 
           260.1735 [EXTENSION OF DETENTION PERIOD.] 
           Subdivision 1.  [DETENTION.] Before July 1, 1997 1999, and 
        pursuant to a request from an eight-day temporary holdover 
        facility, as defined in section 241.0221, the commissioner of 
        corrections, or the commissioner's designee, may grant a 
        one-time extension per child to the eight-day limit on detention 
        under this chapter.  This extension may allow such a facility to 
        detain a child for up to 30 days including weekends and 
        holidays.  Upon the expiration of the extension, the child may 
        not be transferred to another eight-day temporary holdover 
        facility.  The commissioner shall develop criteria for granting 
        extensions under this section.  These criteria must ensure that 
        the child be transferred to a long-term juvenile detention 
        facility as soon as such a transfer is possible.  Nothing in 
        this section changes the requirements in section 260.172 
        regarding the necessity of detention hearings to determine 
        whether continued detention of the child is proper. 
           Subd. 2.  [CONTINUED DETENTION.] (a) A delay not to exceed 
        48 hours may be made if the facility in which the child is 
        detained is located where conditions of distance to be traveled 
        or other ground transportation do not allow for court 
        appearances within 24 hours. 
           (b) A delay may be made if the facility is located where 
        conditions of safety exist.  Time for an appearance may be 
        delayed until 24 hours after the time that conditions allow for 
        reasonably safe travel.  "Conditions of safety" include adverse 
        life-threatening weather conditions that do not allow for 
        reasonably safe travel. 
           The continued detention of a child under paragraph (a) or 
        (b) must be reported to the commissioner of corrections. 
           Sec. 32.  Minnesota Statutes 1996, section 260.311, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [APPOINTMENT; JOINT SERVICES; STATE 
        SERVICES.] (a) If a county or group of counties has established 
        a human services board pursuant to chapter 402, the district 
        court may appoint one or more county probation officers as 
        necessary to perform court services, and the human services 
        board shall appoint persons as necessary to provide correctional 
        services within the authority granted in chapter 402.  In all 
        counties of more than 200,000 population, which have not 
        organized pursuant to chapter 402, the district court shall 
        appoint one or more persons of good character to serve as county 
        probation officers during the pleasure of the court.  All other 
        counties shall provide adult misdemeanant and juvenile probation 
        services to district courts in one of the following ways: 
           (1) the court, with the approval of the county boards, may 
        appoint one or more salaried county probation officers to serve 
        during the pleasure of the court; 
           (2) when two or more counties offer probation services the 
        district court through the county boards may appoint common 
        salaried county probation officers to serve in the several 
        counties; 
           (3) a county or a district court may request the 
        commissioner of corrections to furnish probation services in 
        accordance with the provisions of this section, and the 
        commissioner of corrections shall furnish such services to any 
        county or court that fails to provide its own probation officer 
        by one of the two procedures listed above; 
           (4) if a county or district court providing probation 
        services under clause (1) or (2) asks the commissioner of 
        corrections or the legislative body for the state of Minnesota 
        mandates the commissioner of corrections to furnish probation 
        services to the district court, the probation officers and other 
        employees displaced by the changeover shall be employed by the 
        commissioner of corrections.  Years of service in the county 
        probation department are to be given full credit for future sick 
        leave and vacation accrual purposes; 
           (5) all probation officers serving the juvenile courts on 
        July 1, 1972, shall continue to serve in the county or counties 
        they are now serving. 
           (b) The commissioner of employee relations shall place 
        employees transferred to state service under paragraph (a), 
        clause (4), in the proper classifications in the classified 
        service.  Each employee is appointed without examination at no 
        loss in salary or accrued vacation or sick leave benefits, but 
        no additional accrual of vacation or sick leave benefits may 
        occur until the employee's total accrued vacation or sick leave 
        benefits fall below the maximum permitted by the state for the 
        employee's position.  An employee appointed under paragraph (a), 
        clause (4), shall serve a probationary period of six months.  
        After exhausting labor contract remedies, a noncertified 
        employee may appeal for a hearing within ten days to the 
        commissioner of employee relations, who may uphold the decision, 
        extend the probation period, or certify the employee.  The 
        decision of the commissioner of employee relations is final.  
        The state shall negotiate with the exclusive representative for 
        the bargaining unit to which the employees are transferred 
        regarding their seniority.  For purposes of computing seniority 
        among those employees transferring from one county unit only, a 
        transferred employee retains the same seniority position as the 
        employee had within that county's probation office. 
           Sec. 33.  Minnesota Statutes 1996, section 401.13, is 
        amended to read: 
           401.13 [CHARGES MADE TO COUNTIES.] 
           Each participating county will be charged a sum equal to 
        the actual per diem cost of confinement of those juveniles 
        committed to the commissioner after August 1, 1973, and confined 
        in a state correctional facility.  Provided, however, that the 
        amount charged a participating county for the costs of 
        confinement shall not exceed the subsidy to which the county is 
        eligible.  The commissioner shall annually determine costs 
        making necessary adjustments to reflect the actual costs of 
        confinement.  However, in no case shall the percentage increase 
        in the amount charged to the counties exceed the percentage by 
        which the appropriation for the purposes of sections 401.01 to 
        401.16 was increased over the preceding biennium.  The 
        commissioner of corrections shall bill the counties and deposit 
        the receipts from the counties in the general fund.  All charges 
        shall be a charge upon the county of commitment. 
           Sec. 34.  Minnesota Statutes 1996, section 609.02, is 
        amended by adding a subdivision to read: 
           Subd. 15.  [PROBATION.] "Probation" means a court-ordered 
        sanction imposed upon an offender for a period of supervision no 
        greater than that set by statute.  It is imposed as an 
        alternative to confinement or in conjunction with confinement or 
        intermediate sanctions.  The purpose of probation is to deter 
        further criminal behavior, punish the offender, help provide 
        reparation to crime victims and their communities, and provide 
        offenders with opportunities for rehabilitation. 
           Sec. 35.  Minnesota Statutes 1996, section 609.15, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CONCURRENT, CONSECUTIVE SENTENCES; 
        SPECIFICATION REQUIREMENT.] (a) Except as provided in paragraph 
        (b), when separate sentences of imprisonment are imposed on a 
        defendant for two or more crimes, whether charged in a single 
        indictment or information or separately, or when a person who is 
        under sentence of imprisonment in this state is being sentenced 
        to imprisonment for another crime committed prior to or while 
        subject to such former sentence, the court in the later 
        sentences shall specify whether the sentences shall run 
        concurrently or consecutively.  If the court does not so 
        specify, the sentences shall run concurrently.  
           (b) An inmate of a state prison who is convicted of 
        committing an assault within the correctional facility is 
        subject to the consecutive sentencing provisions of section 
        609.2232. 
           Sec. 36.  Minnesota Statutes 1996, section 609.2231, 
        subdivision 3, is amended to read: 
           Subd. 3.  [CORRECTIONAL EMPLOYEES.] Whoever assaults 
        commits either of the following acts against an employee of a 
        correctional facility as defined in section 241.021, subdivision 
        1, clause (5), while the employee is engaged in the performance 
        of a duty imposed by law, policy or rule, and inflicts 
        demonstrable bodily harm, is guilty of a felony and may be 
        sentenced to imprisonment for not more than two years or to 
        payment of a fine of not more than $4,000, or both: 
           (1) assaults the employee and inflicts demonstrable bodily 
        harm; or 
           (2) intentionally throws or otherwise transfers bodily 
        fluids or feces at or onto the employee. 
           Sec. 37.  [609.2232] [CONSECUTIVE SENTENCES FOR ASSAULTS 
        COMMITTED BY STATE PRISON INMATES.] 
           If an inmate of a state correctional facility is convicted 
        of violating section 609.221, 609.222, 609.223, 609.2231, or 
        609.224, while confined in the facility, the sentence imposed 
        for the assault shall be executed and run consecutively to any 
        unexpired portion of the offender's earlier sentence.  The 
        inmate is not entitled to credit against the sentence imposed 
        for the assault for time served in confinement for the earlier 
        sentence.  The inmate shall serve the sentence for the assault 
        in a state correctional facility even if the assault conviction 
        was for a misdemeanor or gross misdemeanor. 
           Sec. 38.  Minnesota Statutes 1996, section 641.12, is 
        amended to read: 
           641.12 [COLLECTION OF FEES AND BOARD BILLS.] 
           Subdivision 1.  [FEE.] A county board may require that each 
        person who is booked for confinement at a county or regional 
        jail, and not released upon completion of the booking process, 
        pay a fee of up to $10 to the sheriff's department of the county 
        in which the jail is located.  The fee is payable immediately 
        from any money then possessed by the person being booked, or any 
        money deposited with the sheriff's department on the person's 
        behalf.  If the person has no funds at the time of booking or 
        during the period of any incarceration, the sheriff shall notify 
        the district court in the county where the charges related to 
        the booking are pending, and shall request the assessment of the 
        fee.  Notwithstanding section 609.10 or 609.125, upon 
        notification from the sheriff, the district court must order the 
        fee paid to the sheriff's department as part of any sentence or 
        disposition imposed.  If the person is not charged, is 
        acquitted, or if the charges are dismissed, the sheriff shall 
        return the fee to the person at the last known address listed in 
        the booking records.  
           Subd. 2.  [BOARD.] At the end of every month the sheriff of 
        each county shall render to the county auditor a statement 
        showing the name of each fugitive from justice, United States 
        prisoner, one committed from another county or one committed by 
        virtue of any city ordinance, the amount due the county for 
        board of each and from whom, and also of all amounts due for 
        board of prisoners for the preceding month. 
           Sec. 39.  Laws 1995, chapter 226, article 3, section 60, 
        subdivision 4, is amended to read: 
           Subd. 4.  [TIME LINES.] By December 1, 1996, the rulemaking 
        committee shall submit draft rule parts which address the 
        program standards, evaluation, and auditing standards and 
        procedures to the chairs of the senate crime prevention and 
        house of representatives judiciary committee for review.  By 
        July 31, 1997, the licensing and programming rulemaking process 
        shall be completed.  By July 1, 1998, the licensing and 
        programming rule draft shall be completed.  Promulgation of the 
        draft rule parts, under the provision of Minnesota Statutes, 
        chapter 14, shall commence immediately thereafter.  In addition, 
        the commissioner of corrections and commissioner of human 
        services may develop interpretive guidelines for the licensing 
        and programming rule. 
           Sec. 40.  Laws 1996, chapter 408, article 8, section 21, is 
        amended to read:  
           Sec. 21.  [TEMPORARY PROVISION; ELECTION TO RETAIN 
        RETIREMENT COVERAGE.] 
           (a) An employee in a position specified as qualifying under 
        sections 11, 12, 14, and 15, may elect to retain coverage under 
        the general employees retirement plan of the Minnesota state 
        retirement system or the teachers retirement association, or may 
        elect to have coverage transferred to and to contribute to the 
        correctional employees retirement plan.  An employee electing to 
        participate in the correctional employees retirement plan shall 
        begin making contributions to the correctional plan beginning 
        the first full pay period after January 1, 1997, or the first 
        full pay period following filing of their election to transfer 
        coverage to the correctional employees retirement plan, 
        whichever is later.  The election to retain coverage or to 
        transfer coverage must be made in writing by the person on a 
        form prescribed by the executive director of the Minnesota state 
        retirement system and must be filed with the executive director 
        no later than June 30 December 31, 1997. 
           (b) An employee failing to make an election by June 15, 
        1997, must be notified by certified mail by the executive 
        director of the Minnesota state retirement system or of the 
        teachers retirement association, whichever applies, of the 
        deadline to make a choice.  A person who does not submit an 
        election form must continue coverage in the general employees 
        retirement plan or the teachers retirement association, 
        whichever applies, and forfeits all rights to transfer 
        retirement coverage to the correctional employees retirement 
        plan. 
           (c) The election to retain coverage in the general employee 
        retirement plan or the teachers retirement association or the 
        election to transfer retirement coverage to the correctional 
        employees retirement plan is irrevocable once it is filed with 
        the executive director. 
           Sec. 41.  Laws 1996, chapter 408, article 8, section 22, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ELECTION OF PRIOR STATE SERVICE COVERAGE.] 
        (a) An employee who has future retirement coverage transferred 
        to the correctional employees retirement plan under sections 11, 
        12, 14, and 15, and 16, and who does not elect to retain general 
        state employee retirement plan or teachers retirement 
        association coverage is entitled to elect to obtain prior 
        service credit for eligible state service performed on or after 
        July 1, 1975, and before the first day of the first full pay 
        period beginning after June 30 December 31, 1997, with the 
        department of corrections or with the department of human 
        services at the Minnesota security hospital or the Minnesota 
        sexual psychopathic personality treatment center.  All prior 
        service credit must be purchased.  
           (b) Eligible state service with the department of 
        corrections or with the department of human services is any 
        prior period of continuous service on or after July 1, 1975, 
        performed as an employee of the department of corrections or of 
        the department of human services that would have been eligible 
        for the correctional employees retirement plan coverage under 
        sections 11, 12, 14, and 15, and 16, if that prior service had 
        been performed after the first day of the first full pay period 
        beginning after December 31, 1996, rather than before that 
        date.  Service is continuous if there has been no period of 
        discontinuation of eligible state service for a period greater 
        than 180 calendar days. 
           (c) The department of corrections or the department of 
        human services, whichever applies, shall certify eligible state 
        service to the executive director of the Minnesota state 
        retirement system. 
           (d) A covered correctional plan employee employed on 
        January 1, 1997, who has past service in a job classification 
        covered under section 11, 12, 14, or 15, or 16, on January 1, 
        1997, is entitled to purchase the past service if the applicable 
        department certifies that the employee met the eligibility 
        requirements for coverage.  The employee must make the 
        additional employee contributions under section 17.  Payments 
        for past service must be completed by June 30, 1999. 
           Sec. 42.  Laws 1996, chapter 408, article 8, section 24, is 
        amended to read: 
           Sec. 24.  [EARLY RETIREMENT INCENTIVE.] 
           This section applies to an employee who has future 
        retirement coverage transferred to the correctional employee 
        retirement plan under sections 11, 12, 14, and 15, and 16, and 
        who is at least 55 years old on the effective date of sections 
        11, 12, 14, and 15, and 16.  That employee may participate in a 
        health insurance early retirement incentive available under the 
        terms of a collective bargaining agreement in effect on the day 
        before the effective date of sections 11, 12, 14, and 15, and 
        16, notwithstanding any provision of the collective bargaining 
        agreement that limits participation to persons who select the 
        option during the payroll period in which their 55th birthday 
        occurs.  A person selecting the health insurance early 
        retirement incentive under this section must retire by the later 
        of December 31, 1997 June 30, 1998, or within the pay period 
        following the time at which the person has at least three years 
        of covered correctional service, including any purchased service 
        credit.  An employee meeting this criteria who wishes to extend 
        the person's employment must do so under Minnesota Statutes, 
        section 43A.34, subdivision 3. 
           Sec. 43.  [OPERATION OF SAUK CENTRE.]
           (a) After December 30, 1998, the Minnesota correctional 
        facility-Sauk Centre may no longer confine juvenile male 
        offenders who are committed to the commissioner's custody.  By 
        January 1, 1999, male juvenile offenders who are committed to 
        the commissioner's custody must be transferred from Sauk Centre 
        to the Minnesota correctional facility-Red Wing, or upon order 
        of the juvenile court, to an appropriate county placement, 
        notwithstanding Minnesota Statutes, section 260.185. 
           (b) After December 30, 1998, the commissioner of 
        corrections may operate the facility in any manner not 
        inconsistent with this section. 
           Sec. 44.  [JUVENILE SEX OFFENDER TREATMENT PROGRAM.] 
           By January 1, 1999, the commissioner of corrections shall 
        begin operating a juvenile sex offender treatment program at the 
        Minnesota correctional facility-Red Wing. 
           Sec. 45.  [ADMISSIONS CRITERIA FOR MINNESOTA CORRECTIONAL 
        FACILITY-RED WING.] 
           (a) By January 1, 1999, the commissioner of corrections 
        shall develop admissions criteria for the placement of juveniles 
        at the Minnesota correctional facility-Red Wing.  In developing 
        these criteria, the commissioner shall seek and consider the 
        advice of county representatives.  These criteria must ensure 
        that juveniles who commit less serious offenses or who do not 
        need the type of supervision and programming available at Red 
        Wing are not placed there.  These criteria must ensure that to 
        the greatest extent possible, juveniles are supervised and 
        programmed for in the community in which they live or whose 
        jurisdiction they are under. 
           (b) By February 15, 1998, the commissioner shall report to 
        the chairs of the senate crime prevention and judiciary budget 
        division and the house judiciary finance division on the 
        development of the criteria required under paragraph (a).  The 
        report must include draft admissions criteria. 
           Sec. 46.  [PLAN FOR CONTINUED OPERATION OF SAUK CENTRE 
        FACILITY.] 
           By January 15, 1998, the commissioner of corrections shall 
        report to the chairs of the house and senate committees and 
        divisions having jurisdiction over criminal justice policy and 
        funding on issues related to the Minnesota correctional 
        facility-Sauk Centre.  The report must include a detailed plan 
        describing how the commissioner proposes to use the facility 
        after it ceases to be a juvenile facility for male offenders and 
        the costs associated with operating the facility in the manner 
        proposed.  
           Sec. 47.  [JUVENILE PLACEMENT STUDY.] 
           The legislative audit commission is requested to direct the 
        legislative auditor to conduct a study of the placement of 
        juvenile offenders.  The study shall include: 
           (1) an evaluation of existing placements for juvenile 
        offenders, including, but not limited to, the number of beds at 
        each facility, the average number of beds occupied each day at 
        each facility, the location of each facility, and the type of 
        programming offered at each facility; 
           (2) an estimate of the projected need for additional 
        placements for juvenile offenders, including the locations where 
        beds will be needed; 
           (3) an examination of the per diem components per offender 
        at state, local, and private facilities providing placements for 
        juvenile offenders; 
           (4) an assessment of how to best meet treatment needs for 
        juvenile sex offenders, chemically dependent juveniles, and 
        female offenders; 
           (5) an evaluation of available federal funding for 
        placement of juvenile offenders; 
           (6) an evaluation of the strengths and weaknesses of state, 
        regional, and private facilities; and 
           (7) any other issues that may affect juvenile placements. 
           If the commission directs the auditor to conduct this 
        study, the auditor shall report findings to the chairs of the 
        house and senate committees and divisions with jurisdiction over 
        criminal justice policy and funding issued by January 15, 1998. 
           Sec. 48.  [PROBATION OUTCOME MEASUREMENT WORK GROUP.] 
           Subdivision 1.  [WORK GROUP ESTABLISHED; PURPOSE.] The 
        commissioner of corrections shall establish a work group to 
        develop uniform statewide probation outcome measures.  The 
        outcome measures must focus primarily on adult offenders but, to 
        the extent possible, may also address juvenile offenders.  The 
        work group shall develop definitions that may be used by all 
        state and local probation service providers to report outcome 
        information for probation services.  The work group shall 
        recommend a method by which probation service providers may 
        measure and report recidivism of adult felons in a uniform 
        manner. 
           Subd. 2.  [MEMBERSHIP.] The commissioner of corrections 
        shall appoint individuals who have demonstrated experience in 
        the probation field to serve as members of the work group.  The 
        commissioner shall ensure that community corrections act 
        counties and noncommunity corrections act counties are equally 
        represented on the work group.  The commissioner, or the 
        commissioner's designee, shall serve on the work group and act 
        as its chair. 
           Subd. 3.  [REVIEW OF OUTCOME MEASURES.] By November 1, 
        1997, the work group shall submit its recommendations on outcome 
        measures to the criminal and juvenile justice information policy 
        group for review. 
           Subd. 4.  [REPORT REQUIRED.] The work group shall report 
        its findings and recommendations to the chairs of the senate and 
        house of representatives committees having jurisdiction over 
        criminal justice policy by January 15, 1998.  The report must 
        indicate what comments or modifications, if any, were made or 
        suggested by the criminal and juvenile justice information 
        policy group and whether the work group altered its 
        recommendations because of this. 
           Sec. 49.  [DEPARTMENT OF CORRECTIONS BIENNIAL PERFORMANCE 
        REPORT.] 
           The department of corrections must include in its agency 
        performance report for the year 2000 a summary of statewide 
        information on the reoffense rates of adult felons on probation. 
           Sec. 50.  [AMENDMENT TO RULES DIRECTED.] 
           By July 1, 1998, the department of corrections shall amend 
        Minnesota Rules, part 2940.3500, subpart 2, to require that a 
        revocation hearing occur within 12 working days of the 
        releasee's availability to the department.  This amendment must 
        be done in the manner specified in Minnesota Statutes, section 
        14.388, under authority of clause (3) of that section.  This 
        section does not restrict a hearing officer's authority to grant 
        a continuance. 
           Sec. 51.  [INSTRUCTION TO REVISOR.] 
           The revisor of statutes shall renumber Minnesota Statutes, 
        section 260.311, as 244.19.  The revisor shall also make 
        necessary cross-reference changes consistent with the 
        renumbering. 
           Sec. 52.  [REPEALER.] 
           Minnesota Statutes 1996, section 244.06, is repealed. 
           Sec. 53.  [EFFECTIVE DATES.] 
           Sections 15, 19, and 35 to 37 are effective August 1, 1997, 
        and apply to crimes committed on or after that date.  Sections 
        16 and 33 are effective January 1, 1999.  Sections 27, 29, 30, 
        32, 34, and 43 to 48 are effective the day following final 
        enactment.  Section 28 is effective January 1, 1998. 
                                   ARTICLE 10 
                     DOMESTIC ABUSE PERPETRATED BY A MINOR 
           Section 1.  [PILOT PROGRAM.] 
           Actions under sections 2 to 26 are limited to a pilot 
        program in the 4th judicial district for the period June 1, 
        1998, through July 31, 1999.  At the conclusion of the pilot 
        period, the 4th judicial district shall report to the 
        legislature on the number of petitions filed under sections 2 to 
        26, the relationship of the parties, and the disposition of each 
        petition. 
           Sec. 2.  [DEFINITIONS.] 
           Subdivision 1.  [SCOPE.] The definitions in this section 
        apply to sections 2 to 26. 
           Subd. 2.  [ALTERNATIVE SAFE LIVING ARRANGEMENT.] 
        "Alternative safe living arrangement" means a living arrangement 
        for a minor respondent proposed by a petitioning parent or 
        guardian if a court excludes the minor from the parent's or 
        guardian's home under sections 2 to 26, that is separate from 
        the victim of domestic abuse and safe for the minor respondent.  
        A living arrangement proposed by a petitioning parent or 
        guardian is presumed to be an alternative safe living 
        arrangement absent information to the contrary presented to the 
        court.  In evaluating any proposed living arrangement, the court 
        shall consider whether the arrangement provides the minor 
        respondent with necessary food, clothing, shelter, and education 
        in a safe environment.  Any proposed living arrangement that 
        would place the minor respondent in the care of an adult who has 
        been physically or sexually violent is presumed unsafe.  
        Minnesota Statutes, sections 245A.01 to 245A.16, do not apply to 
        an alternative safe living arrangement.  
           Subd. 3.  [DOMESTIC ABUSE PERPETRATED BY A MINOR.] 
        "Domestic abuse perpetrated by a minor" means any of the 
        following if committed against a family or household member by a 
        family or household member who is a minor: 
           (1) physical harm, bodily injury, or assault; 
           (2) infliction of fear of imminent physical harm, bodily 
        injury, or assault; or 
           (3) terroristic threats, within the meaning of Minnesota 
        Statutes, section 609.713, subdivision 1, or criminal sexual 
        conduct, within the meaning of Minnesota Statutes, section 
        609.342, 609.343, 609.344, or 609.345.  
           Subd. 4.  [FAMILY OR HOUSEHOLD MEMBER.] "Family or 
        household member" of a person means: 
           (1) the person's spouse; 
           (2) the person's former spouse; 
           (3) the person's parent; 
           (4) the person's child; 
           (5) a person related by blood to the person; 
           (6) a person who is presently residing with the person or 
        who has resided with the person in the past; 
           (7) a person who has a child in common with the person 
        regardless of whether they have been married or have lived 
        together at any time; 
           (8) two persons if one is pregnant and the other is alleged 
        to be the father, regardless of whether they have been married 
        or have lived together at any time; and 
           (9) a person involved with the person in a significant 
        romantic or sexual relationship. 
           Issuance of an order for protection/minor respondent in the 
        situation described in clause (8) does not affect a 
        determination of paternity under Minnesota Statutes, sections 
        257.51 to 257.74.  
           Subd. 5.  [MINOR.] "Minor" means a person under the age of 
        18. 
           Sec. 3.  [COURT JURISDICTION.] 
           An application for relief under sections 2 to 26 may be 
        filed in district court in the county of residence of either 
        party or in the county in which the alleged domestic abuse 
        occurred.  In a jurisdiction that uses referees in dissolution 
        actions or juvenile court, the court or judge may refer actions 
        under this section to a referee to take and report the evidence 
        in the action in the same manner and subject to the same 
        limitations as provided in Minnesota Statutes, section 518.13.  
        Actions under sections 2 to 26 must be given docket priority by 
        the court. 
           Sec. 4.  [FILING FEE.] 
           The filing fees for an order for protection/minor 
        respondent under section 7 are waived for the petitioner.  The 
        court administrator and the sheriff of any county in this state 
        shall perform their duties relating to service of process 
        without charge to the petitioner.  The court shall direct 
        payment of the reasonable costs of service of process by a 
        private process server if the sheriff is unavailable or if 
        service is made by publication, without requiring the petitioner 
        to make application under Minnesota Statutes, section 563.01.  
           Sec. 5.  [INFORMATION ON PETITIONER'S LOCATION OR 
        RESIDENCE.] 
           Upon the petitioner's request, information maintained by a 
        court regarding the petitioner's location or residence is not 
        accessible to the public and may be disclosed only to court or 
        law enforcement personnel for purposes of service of process, 
        conducting an investigation, or enforcing an order. 
           Sec. 6.  [RULES.] 
           Actions under sections 2 to 26 are governed by the 
        Minnesota Rules of Civil Procedure except as otherwise provided. 
           Sec. 7.  [ORDER FOR PROTECTION/MINOR RESPONDENT.] 
           Subdivision 1.  [NAME OF ACTION.] There is an action known 
        as a petition for an order for protection/minor respondent in 
        cases of domestic abuse perpetrated by a minor.  
           Subd. 2.  [ELIGIBLE PETITIONER.] A petition for relief 
        under sections 2 to 26 may be made by an adult family or 
        household member personally or by a guardian as defined in 
        Minnesota Statutes, section 524.1-201, clause (20), or, if the 
        court finds that it is in the best interests of the minor, by a 
        reputable adult who is at least 25 years old on behalf of a 
        minor family or household member.  A minor who is at least 16 
        years old may make a petition on the minor's own behalf against 
        a spouse or former spouse who is a minor or another minor with 
        whom the minor petitioner has a child in common if the court 
        determines that the minor has sufficient maturity and judgment 
        and that it is in the best interests of the minor. 
           Subd. 3.  [CONTENTS OF PETITION.] (a) A petition for relief 
        must allege the existence of domestic abuse perpetrated by a 
        minor and be accompanied by a sworn affidavit stating the 
        specific facts and circumstances from which relief is sought.  
           (b) A petition for relief must state whether the petitioner 
        has ever had an order for protection in effect against the minor 
        respondent. 
           (c) A petition for relief must state whether there is an 
        existing order for protection in effect under sections 2 to 26 
        or under Minnesota Statutes, chapter 518B, governing both the 
        parties and whether there is a pending lawsuit, complaint, 
        petition, or other action between the parties under Minnesota 
        Statutes, chapter 257, 260, 518, 518A, 518B, or 518C.  
           Subd. 4.  [OTHER ORDERS OR ACTIONS.] The court 
        administrator shall verify the terms of any existing order 
        governing the parties.  The court may not delay granting relief 
        because of the existence of a pending action between the parties 
        or the necessity of verifying the terms of an existing order.  A 
        subsequent order in a separate action under sections 2 to 26 may 
        modify only the provision of an existing order that grants 
        relief authorized under section 10, paragraph (a), clause (1).  
        A petition for relief may be granted whether or not there is a 
        pending action between the parties.  
           Subd. 5.  [SIMPLIFIED FORMS.] The court shall provide 
        simplified forms and clerical assistance to help with the 
        writing and filing of a petition under sections 2 to 26.  
           Subd. 6.  [ADVICE ON RESTITUTION.] The court shall advise a 
        petitioner of the right to seek restitution under the petition 
        for relief. 
           Sec. 8.  [HEARING ON APPLICATION; PROCEDURE AND NOTICE.] 
           Subdivision 1.  [HEARING DATE.] Upon receipt of a petition 
        under sections 2 to 26, the court shall order a hearing to be 
        held not later than 14 days from the date of the order.  If an 
        ex parte order has been issued under section 12, the time 
        periods for holding a hearing under that section apply.  
           Subd. 2.  [SERVICE.] If an ex parte order has been issued 
        under section 12 and an order for immediate custody has been 
        issued under sections 2 to 26 and Minnesota Statutes, chapter 
        260, personal service upon the minor respondent must be made by 
        the county sheriff or police when the order for immediate 
        custody is executed.  In all other cases, personal service of 
        the petition and order must be made upon the minor respondent 
        not less than five days before the hearing.  Service must also 
        be made upon the minor respondent by mailing a copy of the 
        petition and order to the minor respondent's last known 
        address.  Service is complete upon personal receipt by the minor 
        respondent or three days after the mailing.  The court shall 
        have notice of the pendency of the case and of the time and 
        place of the hearing served by mail at the last known address 
        upon any parent or guardian of the minor respondent who is not 
        the petitioner.  
           Subd. 3.  [CLOSED HEARING.] Upon request of either party 
        and for good cause shown, the court may close the hearing to the 
        public and close the records to public inspection. 
           Subd. 4.  [DOMESTIC ABUSE ADVOCATES.] In all proceedings 
        under sections 2 to 26, domestic abuse advocates must be allowed 
        to attend and to sit at the counsel table, confer with the 
        petitioner, and at the judge's discretion, address the court.  
        Court administrators shall allow domestic abuse advocates to 
        assist victims of domestic abuse perpetrated by a minor in the 
        preparation of petitions for orders for protection/minor 
        respondents.  While assisting victims of domestic violence under 
        this subdivision, domestic abuse advocates are not engaged in 
        the unauthorized practice of law. 
           Sec. 9.  [GUARDIAN AD LITEM.] 
           (a) If the petitioner requests that the minor respondent be 
        removed from the minor respondent's parent's home, the court 
        shall appoint a guardian ad litem on behalf of the minor 
        respondent for the limited purpose of assuring that the minor 
        respondent is placed in an alternative safe living arrangement.  
        The guardian ad litem's limited responsibilities are conducting 
        an interview to obtain the minor respondent's views on any 
        proposed alternative safe living arrangements, reviewing any 
        proposed alternative safe living arrangements, and appearing at 
        the hearing on the order for protection/minor respondent.  It is 
        not within the responsibilities of the guardian ad litem to 
        assess or comment upon whether domestic abuse occurred. 
           (b) In any other case brought under sections 2 to 26, the 
        court may appoint a guardian ad litem if it appears to the court 
        that the minor lacks the maturity to understand the proceedings. 
           (c) The guardian ad litem may not be held civilly or 
        criminally liable for any act or failure to act under sections 2 
        to 26.  
           Sec. 10.  [RELIEF BY THE COURT.] 
           (a) Upon notice and hearing, the court may provide relief 
        as follows: 
           (1) restrain the abusing party from committing acts of 
        domestic abuse; 
           (2) exclude the abusing party from the dwelling which the 
        parties share or from the residence of the petitioner; 
           (3) if the court excludes a minor respondent from the minor 
        respondent's parent's home, and the parent or guardian is either 
        unable or unwilling to provide an alternative safe living 
        arrangement for the minor respondent, the court may find that 
        there are reasonable grounds to believe that the minor 
        respondent's safety and well-being are endangered because of the 
        exclusion and the parent's or guardian's unwillingness or 
        inability to provide an alternative living arrangement, in which 
        case the court may order, by endorsement upon the petition, that 
        a peace officer shall take the minor respondent into immediate 
        custody under Minnesota Statutes, section 260.165, subdivision 
        1; 
           (4) exclude the abusing party from a specifically described 
        reasonable area surrounding the dwelling or residence; 
           (5) award temporary custody or establish temporary 
        visitation with regard to minor children of the parties on a 
        basis that gives primary consideration to the safety of the 
        victim and the children.  Except for cases in which custody is 
        contested, findings under Minnesota Statutes, section 257.025 or 
        518.175, are not required.  If the court finds that the safety 
        of the victim or the children may be jeopardized by unsupervised 
        or unrestricted visitation, the court shall condition or 
        restrict visitation as to time, place, duration, or supervision, 
        or deny visitation entirely, as needed to guard the safety of 
        the victim and the children.  The court's decision on custody 
        and visitation must not delay the issuance of an order for 
        protection/minor respondent granting other relief provided for 
        in this section; 
           (6) on the same basis as is provided in Minnesota Statutes, 
        chapter 518, establish temporary support for minor children or a 
        spouse and order the withholding of support from the income of 
        the person obligated to pay the support according to Minnesota 
        Statutes, chapter 518; 
           (7) provide upon request of the petitioner counseling or 
        other social services for the parties if they are married or if 
        there are minor children; 
           (8) order the abusing party to participate in treatment or 
        counseling services; 
           (9) in the case of married juveniles, award temporary use 
        and possession of property and restrain one or both parties from 
        transferring, encumbering, concealing, or disposing of property 
        except in the usual course of business or for the necessities of 
        life, and require the party to account to the court for all such 
        transfers, encumbrances, dispositions, and expenditures made 
        after the order is served or communicated to the party 
        restrained in open court; 
           (10) exclude the abusing party from the place of employment 
        of the petitioner, or otherwise limit access to the petitioner 
        by the abusing party at the petitioner's place of employment; 
           (11) order the abusing party to pay restitution to the 
        petitioner; 
           (12) order the continuance of all currently available 
        insurance coverage without change in coverage or beneficiary 
        designation; and 
           (13) order, in its discretion, other relief the court 
        considers necessary for the protection of a family or household 
        member, including orders or directives to law enforcement 
        personnel under sections 2 to 26. 
           (b) Relief granted by the order for protection/minor 
        respondent must be for a fixed period not to exceed one year 
        unless the court determines a longer fixed period is 
        appropriate.  If a referee presides at the hearing on the 
        petition, the order granting relief becomes effective upon the 
        referee's signature. 
           (c) An order granting the relief authorized in paragraph 
        (a), clause (1), may not be vacated or modified in a proceeding 
        for dissolution of marriage or legal separation, except that the 
        court may hear a motion for modification of an order for 
        protection concurrently with a proceeding for dissolution of 
        marriage upon notice of motion and motion.  The notice required 
        by court rule must not be waived.  If the proceedings are 
        consolidated and the motion to modify is granted, a separate 
        order for modification of an order for protection must be issued.
           (d) An order granting the relief authorized in paragraph 
        (a), clause (2), is not voided by the admittance of the abusing 
        party into the dwelling from which the abusing party is excluded.
           (e) If a proceeding for dissolution of marriage or legal 
        separation is pending between the parties, the court shall 
        provide a copy of the order for protection/minor respondent to 
        the court with jurisdiction over the dissolution or separation 
        proceeding for inclusion in its file. 
           (f) An order for restitution issued under this subdivision 
        is enforceable as a civil judgment. 
           Sec. 11.  [SUBSEQUENT ORDERS AND EXTENSIONS.] 
           Upon application, notice to all parties, and hearing, a 
        court may extend the relief granted in an existing order for 
        protection/minor respondent or, if a petitioner's order for 
        protection/minor respondent is no longer in effect when an 
        application for subsequent relief is made, grant a new order.  
        The court may extend the terms of an existing order or, if an 
        order is no longer in effect, grant a new order upon a showing 
        that: 
           (1) the minor respondent has violated a prior or existing 
        order for protection issued under sections 2 to 26 or Minnesota 
        Statutes, chapter 518B; 
           (2) the petitioner is reasonably in fear of physical harm 
        from the minor respondent; or 
           (3) the minor respondent has engaged in acts of harassment 
        or stalking within the meaning of Minnesota Statutes, section 
        609.749, subdivision 2. 
           A petitioner does not need to show that physical harm is 
        imminent to obtain an extension or a subsequent order under this 
        section. 
           Sec. 12.  [EX PARTE ORDER.] 
           (a) If a petition under sections 2 to 26 alleges an 
        immediate and present danger of domestic abuse perpetrated by a 
        minor, the court may grant an ex parte order for 
        protection/minor respondent and grant relief the court considers 
        proper, including an order:  
           (1) restraining the abusing party from committing acts of 
        domestic abuse; 
           (2) excluding any party from a shared dwelling or from the 
        residence of the other except by further order of the court; 
           (3) if the court excludes a minor respondent from the minor 
        respondent's parent's home and the parent or guardian is either 
        unable or unwilling to provide an alternative safe living 
        arrangement for the minor respondent, the court may find that 
        there are reasonable grounds to believe that the minor 
        respondent's safety and well-being are endangered because of the 
        exclusion and the parent's or guardian's unwillingness or 
        inability to provide an alternative safe living arrangement, in 
        which case the court may order, by endorsement upon the 
        petition, that a peace officer shall take the minor respondent 
        into immediate custody under Minnesota Statutes, section 
        260.165, subdivision 1; 
           (4) excluding the abusing party from the place of 
        employment of the petitioner or otherwise limiting access to the 
        petitioner by the abusing party at the petitioner's place of 
        employment; and 
           (5) continuing all currently available insurance coverage 
        without change in coverage or beneficiary designation. 
           (b) A finding by the court that there is a basis for 
        issuing an ex parte order for protection/minor respondent 
        constitutes a finding that sufficient reasons exist not to 
        require notice under applicable court rules governing 
        applications for ex parte relief. 
           (c) An ex parte order for protection/minor respondent is 
        effective for a fixed period set by the court, as provided in 
        section 10, paragraph (b), or until modified or vacated by the 
        court after a hearing.  A full hearing, as provided by sections 
        2 to 26, must be set for not later than seven days from the 
        issuance of the ex parte order.  Notwithstanding provisions of 
        sections 2 to 26 to the contrary, if the order takes the minor 
        respondent into custody under Minnesota Statutes, section 
        260.165, a full hearing must be held within 72 hours of the 
        execution of the order for immediate custody. 
           (d) Nothing in this section affects the right of a party to 
        seek modification of an order under section 16. 
           Sec. 13.  [SERVICE; ALTERNATE SERVICE; PUBLICATION.] 
           Subdivision 1.  [SERVICE ON MINOR RESPONDENT AND PARENT OR 
        GUARDIAN.] If an ex parte order has been issued under section 10 
        and an order for immediate custody has been issued under 
        sections 2 to 26 and Minnesota Statutes, chapter 260, personal 
        service upon the minor respondent must be made by the county 
        sheriff or police when the order for immediate custody is 
        executed.  Personal service of the petition and order must be 
        made upon the minor respondent not less than five days prior to 
        the hearing.  Service must also be made upon the minor 
        respondent by mailing a copy of the petition and order to the 
        minor respondent's last known address.  Service is complete upon 
        personal receipt by the minor respondent or three days after the 
        mailing.  The court shall have notice of the pendency of the 
        case and of the time and place of the hearing served by mail at 
        the last known address upon any parent or guardian of the minor 
        respondent who is not the petitioner.  
           Subd. 2.  [SERVICE OUTSIDE MINNESOTA.] Service out of this 
        state and in the United States may be proved by the affidavit of 
        the person making the service.  Service outside the United 
        States may be proved by the affidavit of the person making the 
        service taken before and certified by any United States 
        minister, charge d'affaires, commissioner, consul, commercial 
        agent, or other consular or diplomatic officer of the United 
        States appointed to reside in the other country, including all 
        deputies or other representatives of the officer authorized to 
        perform their duties or before an officer authorized to 
        administer an oath with the certificate of an officer of a court 
        of record of the country in which the affidavit is taken as to 
        the identity and authority of the officer taking the affidavit.  
           Sec. 14.  [ASSISTANCE OF LAW ENFORCEMENT PERSONNEL IN 
        SERVICE OR EXECUTION.] 
           If an order for protection/minor respondent is issued under 
        sections 2 to 26, on request of the petitioner the court shall 
        order law enforcement personnel to accompany the petitioner and 
        assist in placing the petitioner in possession of the dwelling 
        or residence or otherwise assist in execution or service of the 
        order.  If the application for relief is brought in a county in 
        which the minor respondent is not present, the sheriff shall 
        forward the pleadings necessary for service upon the minor 
        respondent to the sheriff of the county in which the minor 
        respondent is present.  This transmittal must be expedited to 
        allow for timely service. 
           Sec. 15.  [RIGHT TO APPLY FOR RELIEF.] 
           (a) A person's right to apply for relief is not affected by 
        the person's leaving the residence or household to avoid abuse.  
           (b) The court shall not require security or bond of any 
        party unless the court considers it necessary in exceptional 
        cases. 
           Sec. 16.  [MODIFICATION OF ORDER.] 
           Upon application, notice to all parties, and hearing, the 
        court may modify the terms of an existing order for protection.  
           Sec. 17.  [REAL ESTATE.] 
           Nothing in sections 2 to 26 affects the title to real 
        estate.  
           Sec. 18.  [COPY TO LAW ENFORCEMENT AGENCY.] 
           (a) An order for protection/minor respondent granted under 
        sections 2 to 26 must be forwarded by the court administrator 
        within 24 hours to the local law enforcement agency with 
        jurisdiction over the residence of the petitioner. 
           Each appropriate law enforcement agency shall make 
        available to other law enforcement officers through a system for 
        verification information as to the existence and status of any 
        order for protection/minor respondent issued under sections 2 to 
        26. 
           (b) If the petitioner notifies the court administrator of a 
        change in the petitioner's residence so that a different local 
        law enforcement agency has jurisdiction over the residence, the 
        order for protection/minor respondent must be forwarded by the 
        court administrator to the new law enforcement agency within 24 
        hours of the notice.  If the petitioner notifies the new law 
        enforcement agency that an order for protection/minor respondent 
        has been issued under sections 2 to 26 and the petitioner has 
        established a new residence within that agency's jurisdiction, 
        within 24 hours the local law enforcement agency shall request a 
        copy of the order from the court administrator in the county 
        that issued the order. 
           (c) If an order for protection/minor respondent is granted, 
        the petitioner must be told by the court that: 
           (1) notification of a change in residence should be given 
        immediately to the court administrator and to the local law 
        enforcement agency having jurisdiction over the new residence of 
        the applicant; 
           (2) the reason for notification of a change in residence is 
        to forward an order for protection/minor respondent to the 
        proper law enforcement agency; and 
           (3) the order for protection/minor respondent must be 
        forwarded to the law enforcement agency having jurisdiction over 
        the new residence within 24 hours of notification of a change in 
        residence, whether notification is given to the court 
        administrator or to the local law enforcement agency having 
        jurisdiction over the applicant's new residence. 
           An order for protection/minor respondent is enforceable 
        even if the petitioner does not notify the court administrator 
        or the appropriate law enforcement agency of a change in 
        residence. 
           Sec. 19.  [VIOLATION OF AN ORDER FOR PROTECTION/MINOR 
        RESPONDENT.] 
           Subdivision 1.  [AFFIDAVIT; ORDER TO SHOW CAUSE.] The 
        petitioner, a peace officer, or an interested party designated 
        by the court may file an affidavit with the court alleging that 
        a minor respondent has violated an order for protection/minor 
        respondent under sections 2 to 26.  The court may order the 
        minor respondent to appear and show cause within 14 days why the 
        minor respondent should not be found in contempt of court and 
        punished for the contempt.  The court may also order the minor 
        to participate in counseling or other appropriate programs 
        selected by the court.  The hearing may be held by the court in 
        any county in which the petitioner or minor respondent 
        temporarily or permanently resides at the time of the alleged 
        violation. 
           Subd. 2.  [EXTENSION OF PROTECTION ORDER.] If it is alleged 
        that a minor respondent has violated an order for 
        protection/minor respondent issued under sections 2 to 26 and 
        the court finds that the order has expired between the time of 
        the alleged violation and the court's hearing on the violation, 
        the court may grant a new order for protection/minor respondent 
        based solely on the minor respondent's alleged violation of the 
        prior order, to be effective until the hearing on the alleged 
        violation of the prior order.  The relief granted in the new 
        order for protection/minor respondent must be extended for a 
        fixed period, not to exceed one year, except when the court 
        determines a longer fixed period is appropriate. 
           Subd. 3.  [ADMITTANCE INTO DWELLING.] Admittance into the 
        petitioner's dwelling of an abusing party excluded from the 
        dwelling under an order for protection/minor respondent is not a 
        violation by the petitioner of the order. 
           Sec. 20.  [ADMISSIBILITY OF TESTIMONY IN CRIMINAL OR 
        DELINQUENCY PROCEEDING.] 
           Any testimony offered by a minor respondent in a hearing 
        under sections 2 to 26 is inadmissible in a criminal or 
        delinquency proceeding. 
           Sec. 21.  [OTHER REMEDIES AVAILABLE.] 
           Any proceeding under sections 2 to 26 is in addition to 
        other civil or criminal remedies.  
           Sec. 22.  [EFFECT ON CUSTODY PROCEEDINGS.] 
           In a subsequent custody proceeding the court may consider, 
        but is not bound by, a finding in a proceeding under sections 2 
        to 26 that domestic abuse perpetrated by a minor has occurred. 
           Sec. 23.  [NOTICES.] 
           Each order for protection/minor respondent granted under 
        sections 2 to 26 must contain a conspicuous notice to the minor 
        respondent that: 
           (1) violation of an order for protection/minor respondent 
        could result in out-of-home placement while the respondent is a 
        minor and constitutes contempt of court; and 
           (2) the minor respondent is forbidden to enter or stay at 
        the petitioner's residence, even if invited to do so by the 
        petitioner or any other person; in no event is the order for 
        protection/minor respondent voided.  
           Sec. 24.  [RECORDING REQUIRED.] 
           Proceedings under sections 2 to 26 must be recorded. 
           Sec. 25.  [STATEWIDE APPLICATION.] 
           An order for protection/minor respondent granted under 
        sections 2 to 26 applies throughout this state. 
           Sec. 26.  [ORDER FOR PROTECTION/MINOR RESPONDENT FORMS.] 
           The state court administrator, in consultation with the 
        advisory council on battered women, city and county attorneys, 
        and legal advocates who work with victims, shall develop a 
        uniform order for protection/minor respondent form that will 
        facilitate the consistent enforcement of orders for 
        protection/minor respondent throughout the state. 
           Sec. 27.  [EFFECTIVE DATE.] 
           Sections 1 to 26 are effective June 1, 1998. 
                                   ARTICLE 11
                              CHANGES TO OTHER LAW 
           Section 1.  Minnesota Statutes 1996, section 260.015, 
        subdivision 2a, is amended to read: 
           Subd. 2a.  [CHILD IN NEED OF PROTECTION OR SERVICES.] 
        "Child in need of protection or services" means a child who is 
        in need of protection or services because the child: 
           (1) is abandoned or without parent, guardian, or custodian; 
           (2)(i) has been a victim of physical or sexual abuse, or 
        (ii) resides with or has resided with a victim of domestic child 
        abuse as defined in subdivision 24, (iii) resides with or would 
        reside with a perpetrator of domestic child abuse or child abuse 
        as defined in subdivision 28, or (iv) is a victim of emotional 
        maltreatment as defined in subdivision 5a; 
           (3) is without necessary food, clothing, shelter, 
        education, or other required care for the child's physical or 
        mental health or morals because the child's parent, guardian, or 
        custodian is unable or unwilling to provide that care; 
           (4) is without the special care made necessary by a 
        physical, mental, or emotional condition because the child's 
        parent, guardian, or custodian is unable or unwilling to provide 
        that care; 
           (5) is medically neglected, which includes, but is not 
        limited to, the withholding of medically indicated treatment 
        from a disabled infant with a life-threatening condition.  The 
        term "withholding of medically indicated treatment" means the 
        failure to respond to the infant's life-threatening conditions 
        by providing treatment, including appropriate nutrition, 
        hydration, and medication which, in the treating physician's or 
        physicians' reasonable medical judgment, will be most likely to 
        be effective in ameliorating or correcting all conditions, 
        except that the term does not include the failure to provide 
        treatment other than appropriate nutrition, hydration, or 
        medication to an infant when, in the treating physician's or 
        physicians' reasonable medical judgment: 
           (i) the infant is chronically and irreversibly comatose; 
           (ii) the provision of the treatment would merely prolong 
        dying, not be effective in ameliorating or correcting all of the 
        infant's life-threatening conditions, or otherwise be futile in 
        terms of the survival of the infant; or 
           (iii) the provision of the treatment would be virtually 
        futile in terms of the survival of the infant and the treatment 
        itself under the circumstances would be inhumane; 
           (6) is one whose parent, guardian, or other custodian for 
        good cause desires to be relieved of the child's care and 
        custody; 
           (7) has been placed for adoption or care in violation of 
        law; 
           (8) is without proper parental care because of the 
        emotional, mental, or physical disability, or state of 
        immaturity of the child's parent, guardian, or other custodian; 
           (9) is one whose behavior, condition, or environment is 
        such as to be injurious or dangerous to the child or others.  An 
        injurious or dangerous environment may include, but is not 
        limited to, the exposure of a child to criminal activity in the 
        child's home; 
           (10) has committed a delinquent act before becoming ten 
        years old; 
           (11) is a runaway; 
           (12) is an habitual truant; or 
           (13) is one whose custodial parent's parental rights to 
        another child have been involuntarily terminated within the past 
        five years.; or 
           (14) has been found by the court to have committed domestic 
        abuse perpetrated by a minor under article 10, sections 2 to 26, 
        has been ordered excluded from the child's parent's home by an 
        order for protection/minor respondent, and the parent or 
        guardian is either unwilling or unable to provide an alternative 
        safe living arrangement for the child. 
           Sec. 2.  Minnesota Statutes 1996, section 260.165, 
        subdivision 1, is amended to read: 
           Subdivision 1.  No child may be taken into immediate 
        custody except: 
           (a) With an order issued by the court in accordance with 
        the provisions of section 260.135, subdivision 5, or article 10, 
        section 10, paragraph (a), clause (3), or 12, paragraph (a), 
        clause (3), or by a warrant issued in accordance with the 
        provisions of section 260.145; or 
           (b) In accordance with the laws relating to arrests; or 
           (c) By a peace officer 
           (1) when a child has run away from a parent, guardian, or 
        custodian, or when the peace officer reasonably believes the 
        child has run away from a parent, guardian, or custodian; or 
           (2) when a child is found in surroundings or conditions 
        which endanger the child's health or welfare or which such peace 
        officer reasonably believes will endanger the child's health or 
        welfare.  If an Indian child is a resident of a reservation or 
        is domiciled on a reservation but temporarily located off the 
        reservation, the taking of the child into custody under this 
        clause shall be consistent with the Indian Child Welfare Act of 
        1978, United States Code, title 25, section 1922; 
           (d) By a peace officer or probation or parole officer when 
        it is reasonably believed that the child has violated the terms 
        of probation, parole, or other field supervision; or 
           (e) By a peace officer or probation officer under section 
        260.132, subdivision 4. 
           Sec. 3.  Minnesota Statutes 1996, section 260.171, 
        subdivision 2, is amended to read: 
           Subd. 2.  (a) If the child is not released as provided in 
        subdivision 1, the person taking the child into custody shall 
        notify the court as soon as possible of the detention of the 
        child and the reasons for detention.  
           (b) No child may be detained in a juvenile secure detention 
        facility or shelter care facility longer than 36 hours, 
        excluding Saturdays, Sundays, and holidays, after being taken 
        into custody for a delinquent act as defined in section 260.015, 
        subdivision 5, unless a petition has been filed and the judge or 
        referee determines pursuant to section 260.172 that the child 
        shall remain in detention.  
           (c) No child may be detained in an adult jail or municipal 
        lockup longer than 24 hours, excluding Saturdays, Sundays, and 
        holidays, or longer than six hours in an adult jail or municipal 
        lockup in a standard metropolitan statistical area, after being 
        taken into custody for a delinquent act as defined in section 
        260.015, subdivision 5, unless: 
           (1) a petition has been filed under section 260.131; and 
           (2) a judge or referee has determined under section 260.172 
        that the child shall remain in detention. 
           After August 1, 1991, no child described in this paragraph 
        may be detained in an adult jail or municipal lockup longer than 
        24 hours, excluding Saturdays, Sundays, and holidays, or longer 
        than six hours in an adult jail or municipal lockup in a 
        standard metropolitan statistical area, unless the requirements 
        of this paragraph have been met and, in addition, a motion to 
        refer the child for adult prosecution has been made under 
        section 260.125.  Notwithstanding this paragraph, continued 
        detention of a child in an adult detention facility outside of a 
        standard metropolitan statistical area county is permissible if: 
           (i) the facility in which the child is detained is located 
        where conditions of distance to be traveled or other ground 
        transportation do not allow for court appearances within 24 
        hours.  A delay not to exceed 48 hours may be made under this 
        clause; or 
           (ii) the facility is located where conditions of safety 
        exist.  Time for an appearance may be delayed until 24 hours 
        after the time that conditions allow for reasonably safe 
        travel.  "Conditions of safety" include adverse life-threatening 
        weather conditions that do not allow for reasonably safe travel. 
           The continued detention of a child under clause (i) or (ii) 
        must be reported to the commissioner of corrections. 
           (d) No child taken into custody and placed in a shelter 
        care facility or relative's home by a peace officer pursuant to 
        section 260.165, subdivision 1, clause (a) or (c)(2) may be held 
        in custody longer than 72 hours, excluding Saturdays, Sundays 
        and holidays, unless a petition has been filed and the judge or 
        referee determines pursuant to section 260.172 that the child 
        shall remain in custody or unless the court has made a finding 
        of domestic abuse perpetrated by a minor after a hearing under 
        article 10, sections 2 to 26, in which case the court may extend 
        the period of detention for an additional seven days, within 
        which time the social service agency shall conduct an assessment 
        and shall provide recommendations to the court regarding 
        voluntary services or file a child in need of protection or 
        services petition.  
           (e) If a child described in paragraph (c) is to be detained 
        in a jail beyond 24 hours, excluding Saturdays, Sundays, and 
        holidays, the judge or referee, in accordance with rules and 
        procedures established by the commissioner of corrections, shall 
        notify the commissioner of the place of the detention and the 
        reasons therefor.  The commissioner shall thereupon assist the 
        court in the relocation of the child in an appropriate juvenile 
        secure detention facility or approved jail within the county or 
        elsewhere in the state, or in determining suitable 
        alternatives.  The commissioner shall direct that a child 
        detained in a jail be detained after eight days from and 
        including the date of the original detention order in an 
        approved juvenile secure detention facility with the approval of 
        the administrative authority of the facility.  If the court 
        refers the matter to the prosecuting authority pursuant to 
        section 260.125, notice to the commissioner shall not be 
        required. 
           Sec. 4.  Minnesota Statutes 1996, section 260.191, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DISPOSITIONS.] (a) If the court finds that 
        the child is in need of protection or services or neglected and 
        in foster care, it shall enter an order making any of the 
        following dispositions of the case: 
           (1) place the child under the protective supervision of the 
        local social services agency or child-placing agency in the 
        child's own home under conditions prescribed by the court 
        directed to the correction of the child's need for protection or 
        services; 
           (2) transfer legal custody to one of the following: 
           (i) a child-placing agency; or 
           (ii) the local social services agency. 
           In placing a child whose custody has been transferred under 
        this paragraph, the agencies shall follow the order of 
        preference stated in section 260.181, subdivision 3; 
           (3) if the child is in need of special treatment and care 
        for reasons of physical or mental health, the court may order 
        the child's parent, guardian, or custodian to provide it.  If 
        the parent, guardian, or custodian fails or is unable to provide 
        this treatment or care, the court may order it provided.  The 
        court shall not transfer legal custody of the child for the 
        purpose of obtaining special treatment or care solely because 
        the parent is unable to provide the treatment or care.  If the 
        court's order for mental health treatment is based on a 
        diagnosis made by a treatment professional, the court may order 
        that the diagnosing professional not provide the treatment to 
        the child if it finds that such an order is in the child's best 
        interests; or 
           (4) if the court believes that the child has sufficient 
        maturity and judgment and that it is in the best interests of 
        the child, the court may order a child 16 years old or older to 
        be allowed to live independently, either alone or with others as 
        approved by the court under supervision the court considers 
        appropriate, if the county board, after consultation with the 
        court, has specifically authorized this dispositional 
        alternative for a child. 
           (b) If the child was adjudicated in need of protection or 
        services because the child is a runaway or habitual truant, the 
        court may order any of the following dispositions in addition to 
        or as alternatives to the dispositions authorized under 
        paragraph (a): 
           (1) counsel the child or the child's parents, guardian, or 
        custodian; 
           (2) place the child under the supervision of a probation 
        officer or other suitable person in the child's own home under 
        conditions prescribed by the court, including reasonable rules 
        for the child's conduct and the conduct of the parents, 
        guardian, or custodian, designed for the physical, mental, and 
        moral well-being and behavior of the child; or with the consent 
        of the commissioner of corrections, place the child in a group 
        foster care facility which is under the commissioner's 
        management and supervision; 
           (3) subject to the court's supervision, transfer legal 
        custody of the child to one of the following: 
           (i) a reputable person of good moral character.  No person 
        may receive custody of two or more unrelated children unless 
        licensed to operate a residential program under sections 245A.01 
        to 245A.16; or 
           (ii) a county probation officer for placement in a group 
        foster home established under the direction of the juvenile 
        court and licensed pursuant to section 241.021; 
           (4) require the child to pay a fine of up to $100.  The 
        court shall order payment of the fine in a manner that will not 
        impose undue financial hardship upon the child; 
           (5) require the child to participate in a community service 
        project; 
           (6) order the child to undergo a chemical dependency 
        evaluation and, if warranted by the evaluation, order 
        participation by the child in a drug awareness program or an 
        inpatient or outpatient chemical dependency treatment program; 
           (7) if the court believes that it is in the best interests 
        of the child and of public safety that the child's driver's 
        license or instruction permit be canceled, the court may order 
        the commissioner of public safety to cancel the child's license 
        or permit for any period up to the child's 18th birthday.  If 
        the child does not have a driver's license or permit, the court 
        may order a denial of driving privileges for any period up to 
        the child's 18th birthday.  The court shall forward an order 
        issued under this clause to the commissioner, who shall cancel 
        the license or permit or deny driving privileges without a 
        hearing for the period specified by the court.  At any time 
        before the expiration of the period of cancellation or denial, 
        the court may, for good cause, order the commissioner of public 
        safety to allow the child to apply for a license or permit, and 
        the commissioner shall so authorize; 
           (8) order that the child's parent or legal guardian deliver 
        the child to school at the beginning of each school day for a 
        period of time specified by the court; or 
           (9) require the child to perform any other activities or 
        participate in any other treatment programs deemed appropriate 
        by the court.  
           (c) If a child who is 14 years of age or older is 
        adjudicated in need of protection or services because the child 
        is a habitual truant and truancy procedures involving the child 
        were previously dealt with by a school attendance review board 
        or county attorney mediation program under section 260A.06 or 
        260A.07, the court shall order a cancellation or denial of 
        driving privileges under paragraph (b), clause (7), for any 
        period up to the child's 18th birthday. 
           (d) In the case of a child adjudicated in need of 
        protection or services because the child has committed domestic 
        abuse and been ordered excluded from the child's parent's home, 
        the court shall dismiss jurisdiction if the court, at any time, 
        finds the parent is able or willing to provide an alternative 
        safe living arrangement for the child, as defined in article 10, 
        section 2. 
           Sec. 5.  Minnesota Statutes 1996, section 609.748, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITION.] For the purposes of this 
        section, the following terms have the meanings given them in 
        this subdivision. 
           (a) "Harassment" includes: 
           (1) repeated, intrusive, or unwanted acts, words, or 
        gestures that are intended to adversely affect the safety, 
        security, or privacy of another, regardless of the relationship 
        between the actor and the intended target; 
           (2) targeted residential picketing; and 
           (3) a pattern of attending public events after being 
        notified that the actor's presence at the event is harassing to 
        another. 
           (b) "Respondent" includes any individuals adults or 
        juveniles alleged to have engaged in harassment or organizations 
        alleged to have sponsored or promoted harassment. 
           (c) "Targeted residential picketing" includes the following 
        acts when committed on more than one occasion: 
           (1) marching, standing, or patrolling by one or more 
        persons directed solely at a particular residential building in 
        a manner that adversely affects the safety, security, or privacy 
        of an occupant of the building; or 
           (2) marching, standing, or patrolling by one or more 
        persons which prevents an occupant of a residential building 
        from gaining access to or exiting from the property on which the 
        residential building is located. 
           Sec. 6.  [EFFECTIVE DATE.] 
           Sections 1 to 5 are effective June 1, 1998. 
                                   ARTICLE 12 
                            MISCELLANEOUS PROVISIONS 
           Section 1.  Minnesota Statutes 1996, section 357.021, 
        subdivision 1a, is amended to read: 
           Subd. 1a.  (a) Every person, including the state of 
        Minnesota and all bodies politic and corporate, who shall 
        transact any business in the district court, shall pay to the 
        court administrator of said court the sundry fees prescribed in 
        subdivision 2.  Except as provided in paragraph (d), the court 
        administrator shall transmit the fees monthly to the state 
        treasurer for deposit in the state treasury and credit to the 
        general fund.  
           (b) In a county which has a screener-collector position, 
        fees paid by a county pursuant to this subdivision shall be 
        transmitted monthly to the county treasurer, who shall apply the 
        fees first to reimburse the county for the amount of the salary 
        paid for the screener-collector position.  The balance of the 
        fees collected shall then be forwarded to the state treasurer 
        for deposit in the state treasury and credited to the general 
        fund.  In a county in the eighth judicial district which has a 
        screener-collector position, the fees paid by a county shall be 
        transmitted monthly to the state treasurer for deposit in the 
        state treasury and credited to the general fund.  A 
        screener-collector position for purposes of this paragraph is an 
        employee whose function is to increase the collection of fines 
        and to review the incomes of potential clients of the public 
        defender, in order to verify eligibility for that service. 
           (c) No fee is required under this section from the public 
        authority or the party the public authority represents in an 
        action for: 
           (1) child support enforcement or modification, medical 
        assistance enforcement, or establishment of parentage in the 
        district court, or child or medical support enforcement 
        conducted by an administrative law judge in an administrative 
        hearing under section 518.5511; 
           (2) civil commitment under chapter 253B; 
           (3) the appointment of a public conservator or public 
        guardian or any other action under chapters 252A and 525; 
           (4) wrongfully obtaining public assistance under section 
        256.98 or 256D.07, or recovery of overpayments of public 
        assistance; 
           (5) court relief under chapter 260; 
           (6) forfeiture of property under sections 169.1217 and 
        609.531 to 609.5317; 
           (7) recovery of amounts issued by political subdivisions or 
        public institutions under sections 246.52, 252.27, 256.045, 
        256.25, 256.87, 256B.042, 256B.14, 256B.15, 256B.37, and 
        260.251, or other sections referring to other forms of public 
        assistance; or 
           (8) restitution under section 611A.04. 
           (d) The fees collected for child support modifications 
        under subdivision 2, clause (13), must be transmitted to the 
        county treasurer for deposit in the county general fund.  The 
        fees must be used by the county to pay for child support 
        enforcement efforts by county attorneys. 
           Sec. 2.  Minnesota Statutes 1996, section 363.02, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [EMPLOYMENT.] The provisions of section 
        363.03, subdivision 1, shall not apply to:  
           (1) The employment of any individual: 
           (a) by the individual's parent, grandparent, spouse, child, 
        or grandchild; or 
           (b) in the domestic service of any person; 
           (2) A religious or fraternal corporation, association, or 
        society, with respect to qualifications based on religion or 
        sexual orientation, when religion or sexual orientation shall be 
        a bona fide occupational qualification for employment; 
           (3) A nonpublic service organization whose primary function 
        is providing occasional services to minors, such as youth sports 
        organizations, scouting organizations, boys' or girls' clubs, 
        programs providing friends, counselors, or role models for 
        minors, youth theater, dance, music or artistic organizations, 
        agricultural organizations for minors, including 4-H clubs, and 
        other youth organizations, with respect to qualifications of 
        employees or volunteers based on sexual orientation; 
           (4) The employment of one person in place of another, 
        standing by itself, shall not be evidence of an unfair 
        discriminatory practice; 
           (5) The operation of a bona fide seniority system which 
        mandates differences in such things as wages, hiring priorities, 
        layoff priorities, vacation credit, and job assignments based on 
        seniority, so long as the operation of the system is not a 
        subterfuge to evade the provisions of this chapter; 
           (6) With respect to age discrimination, a practice by which 
        a labor organization or employer offers or supplies varying 
        insurance benefits or other fringe benefits to members or 
        employees of differing ages, so long as the cost to the labor 
        organization or employer for the benefits is reasonably 
        equivalent for all members or employees; 
           (7) A restriction imposed by state statute, home rule 
        charter, ordinance, or civil service rule, and applied uniformly 
        and without exception to all individuals, which establishes a 
        maximum age for entry into employment as a peace officer or 
        firefighter; 
           (8) Nothing in this chapter concerning age discrimination 
        shall be construed to validate or permit age requirements which 
        have a disproportionate impact on persons of any class otherwise 
        protected by section 363.03, subdivision 1 or 5; 
           (9) It is not an unfair employment practice for an 
        employer, employment agency, or labor organization:  
           (i) to require or request a person to undergo physical 
        examination, which may include a medical history, for the 
        purpose of determining the person's capability to perform 
        available employment, provided: 
           (a) that an offer of employment has been made on condition 
        that the person meets the physical or mental requirements of the 
        job, except that a law enforcement agency filling a peace 
        officer position or part-time peace officer position may require 
        or request an applicant to undergo psychological evaluation 
        before a job offer is made provided that the psychological 
        evaluation is for those job-related abilities set forth by the 
        board of peace officer standards and training for psychological 
        evaluations and is otherwise lawful; 
           (b) that the examination tests only for essential 
        job-related abilities; 
           (c) that the examination except for examinations authorized 
        under chapter 176 is required of all persons conditionally 
        offered employment for the same position regardless of 
        disability; and 
           (d) that the information obtained regarding the medical 
        condition or history of the applicant is collected and 
        maintained on separate forms and in separate medical files and 
        is treated as a confidential medical record, except that 
        supervisors and managers may be informed regarding necessary 
        restrictions on the work or duties of the employee and necessary 
        accommodations; first aid safety personnel may be informed, when 
        appropriate, if the disability might require emergency 
        treatment; government officials investigating compliance with 
        this chapter must be provided relevant information on request; 
        and information may be released for purposes mandated by local, 
        state, or federal law; provided that the results of the 
        examination are used only in accordance with this chapter; or 
           (ii) with the consent of the employee, after employment has 
        commenced, to obtain additional medical information for the 
        purposes of assessing continuing ability to perform the job or 
        employee health insurance eligibility; for purposes mandated by 
        local, state, or federal law; for purposes of assessing the need 
        to reasonably accommodate an employee or obtaining information 
        to determine eligibility for the second injury fund under 
        chapter 176; or pursuant to sections 181.950 to 181.957; or 
        other legitimate business reason not otherwise prohibited by 
        law; 
           (iii) to administer preemployment tests, provided that the 
        tests (a) measure only essential job-related abilities, (b) are 
        required of all applicants for the same position regardless of 
        disability except for tests authorized under chapter 176, and 
        (c) accurately measure the applicant's aptitude, achievement 
        level, or whatever factors they purport to measure rather than 
        reflecting the applicant's impaired sensory, manual, or speaking 
        skills except when those skills are the factors that the tests 
        purport to measure; or 
           (iv) to limit receipt of benefits payable under a fringe 
        benefit plan for disabilities to that period of time which a 
        licensed physician reasonably determines a person is unable to 
        work; or 
           (v) to provide special safety considerations for pregnant 
        women involved in tasks which are potentially hazardous to the 
        health of the unborn child, as determined by medical criteria.  
           Information obtained under this section, regarding the 
        medical condition or history of any employee, is subject to the 
        requirements of subclause (i), item (d). 
           Sec. 3.  Minnesota Statutes 1996, section 363.073, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [SCOPE OF APPLICATION.] No department or 
        agency of the state shall accept any bid or proposal for a 
        contract or agreement or unless the firm or business has an 
        affirmative action plan submitted to the commissioner of human 
        rights for approval.  No department or agency of the state shall 
        execute any contract or agreement for goods or services in 
        excess of $50,000 $100,000 with any business having more than 20 
        40 full-time employees on a single working day during the 
        previous 12 months, unless the firm or business has an 
        affirmative action plan for the employment of minority persons, 
        women, and the disabled that has been approved by the 
        commissioner of human rights.  Receipt of a certificate of 
        compliance issued by the commissioner shall signify that a firm 
        or business has an affirmative action plan that has been 
        approved by the commissioner.  A certificate shall be valid for 
        a period of two years.  A municipality as defined in section 
        466.01, subdivision 1, that receives state money for any reason 
        is encouraged to prepare and implement an affirmative action 
        plan for the employment of minority persons, women, and the 
        disabled and submit the plan to the commissioner of human rights.
           Sec. 4.  Minnesota Statutes 1996, section 504.181, 
        subdivision 1, is amended to read: 
           504.181 [COVENANT OF LESSOR AND LESSEE NOT TO ALLOW DRUGS 
        UNLAWFUL ACTIVITIES.] 
           Subdivision 1.  [COVENANT NOT TO ALLOW DRUGS TERMS OF 
        COVENANT.] In every lease or license of residential premises, 
        whether in writing or parol, the lessor or licensor and the 
        lessee or licensee covenants covenant that: 
           (1) the lessee or licensee neither will not: 
           (i) unlawfully allow controlled substances in those 
        premises or in the common area and curtilage of the premises; 
           (ii) allow prostitution or prostitution-related activity as 
        defined in section 617.80, subdivision 4, to occur on the 
        premises or in the common area and curtilage of the premises; or 
           (iii) allow the unlawful use or possession of a firearm in 
        violation of section 609.66, subdivision 1a, 609.67, or 624.713, 
        on the premises or in the common area and curtilage of the 
        premises; and 
           (2) the common area and curtilage of the premises will not 
        be used by either the lessor or licensor or the lessee or 
        licensee or others acting under the lessee's or licensee's 
        control of either to manufacture, sell, give away, barter, 
        deliver, exchange, distribute, purchase, or possess a controlled 
        substance in violation of any criminal provision of chapter 152. 
           The covenant is not violated when a person other than the 
        lessor or licensor or the lessee or licensee possesses or allows 
        controlled substances in the premises, common area, or 
        curtilage, unless the lessor or licensor or the lessee or 
        licensee knew or had reason to know of that activity.  
           Sec. 5.  Minnesota Statutes 1996, section 566.05, is 
        amended to read: 
           566.05 [COMPLAINT AND SUMMONS.] 
           (a) The person complaining shall file a complaint with the 
        court, stating the full name and date of birth of the person 
        against whom the complaint is made, unless it is not known, 
        describing the premises of which possession is claimed, stating 
        the facts which authorize the recovery, and praying for 
        restitution thereof.  The lack of the full name and date of 
        birth of the person against whom the complaint is made does not 
        deprive the court of jurisdiction or make the complaint invalid. 
        The court shall issue a summons, commanding the person against 
        whom the complaint is made to appear before the court on a day 
        and at a place stated in the summons.  The appearance shall be 
        not less than seven nor more than 14 days from the day of 
        issuing the summons.  In scheduling appearances under this 
        section, the court shall give priority to any unlawful detainer 
        brought under section 504.181, or on the basis that the tenant 
        is causing a nuisance or seriously endangers the safety of other 
        residents, their property, or the landlord's property, except as 
        provided by paragraph (b).  A copy of the complaint shall be 
        attached to the summons, which shall state that the copy is 
        attached and that the original has been filed. 
           (b) In an unlawful detainer action brought under section 
        504.181 or on the basis that the tenant is causing a nuisance or 
        other illegal behavior that seriously endangers the safety of 
        other residents, their property, or the landlord's property, the 
        person filing the complaint shall file an affidavit stating 
        specific facts and instances in support of why an expedited 
        hearing is required.  The complaint and affidavit shall be 
        reviewed by a referee or judge and scheduled for an expedited 
        hearing only if sufficient supporting facts are stated and they 
        meet the requirements of this paragraph.  The appearance in an 
        expedited hearing shall be not less than five days nor more than 
        seven days from the date the summons is issued.  The summons, in 
        an expedited hearing, shall be served upon the tenant within 24 
        hours of issuance unless the court orders otherwise for good 
        cause shown.  If the court determines that the person seeking an 
        expedited hearing did so without sufficient basis under the 
        requirements of this paragraph, the court shall impose a civil 
        penalty of up to $500 for abuse of the expedited hearing process.
           Sec. 6.  Minnesota Statutes 1996, section 566.18, 
        subdivision 6, is amended to read: 
           Subd. 6.  [VIOLATION.] "Violation" means: 
           (a) a violation of any state, county or city health, 
        safety, housing, building, fire prevention, or housing 
        maintenance code applicable to the building; 
           (b) a violation of any of the covenants set forth in 
        section 504.18, subdivision 1, clauses (a) or (b), or in section 
        504.181, subdivision 1; 
           (c) a violation of an oral or written agreement, lease or 
        contract for the rental of a dwelling in a building.  
           Sec. 7.  Minnesota Statutes 1996, section 611.27, 
        subdivision 4, is amended to read: 
           Subd. 4.  [COUNTY PORTION OF COSTS.] That portion of 
        subdivision 1 directing counties to pay the costs of public 
        defense service shall not be in effect between after January 1, 
        1995, and July 1, 1997.  This subdivision only relates to costs 
        associated with felony, gross misdemeanor, juvenile, and 
        misdemeanor public defense services.  Notwithstanding the 
        provisions of this subdivision, in the first, fifth, seventh, 
        ninth, and tenth judicial districts, the cost of juvenile and 
        misdemeanor public defense services for cases opened prior to 
        January 1, 1995, shall remain the responsibility of the 
        respective counties in those districts, even though the cost of 
        these services may occur after January 1, 1995. 
           Sec. 8.  Minnesota Statutes 1996, section 611.27, is 
        amended by adding a subdivision to read: 
           Subd. 15.  [COSTS OF TRANSCRIPTS.] In appeal cases and 
        postconviction cases where the state public defender's office 
        does not have sufficient funds to pay for transcripts and other 
        necessary expenses because it has spent or committed all of the 
        transcript funds in its annual budget, the state public defender 
        may forward to the commissioner of finance all billings for 
        transcripts and other necessary expenses.  The commissioner 
        shall pay for these transcripts and other necessary expenses 
        from county criminal justice aid retained by the commissioner of 
        revenue under section 477A.0121, subdivision 4. 
           Sec. 9.  Minnesota Statutes 1996, section 617.82, is 
        amended to read: 
           617.82 [AGREED ABATEMENT PLANS; TEMPORARY ORDER.] 
           (a) If the recipient of a notice under section 617.81, 
        subdivision 4, either abates the conduct constituting the 
        nuisance or enters into an agreed abatement plan within 30 days 
        of service of the notice and complies with the agreement within 
        the stipulated time period, the prosecuting attorney may not 
        file a nuisance action on the specified property regarding the 
        nuisance activity described in the notice. 
           (b) If the recipient fails to comply with the agreed 
        abatement plan, the prosecuting attorney may initiate a 
        complaint for relief in the district court consistent with 
        paragraph (c). 
           (c) Whenever a prosecuting attorney has cause to believe 
        that a nuisance described in section 617.81, subdivision 2, 
        exists within the jurisdiction the attorney serves, the 
        prosecuting attorney may by verified petition seek a temporary 
        injunction in district court in the county in which the alleged 
        public nuisance exists, provided that at least 30 days have 
        expired since service of the notice required under section 
        617.81, subdivision 4.  No temporary injunction may be issued 
        without a prior show cause notice of hearing to the respondents 
        named in the petition and an opportunity for the respondents to 
        be heard.  Upon proof of a nuisance described in section 617.81, 
        subdivision 2, the court shall issue a temporary injunction.  
        Any temporary injunction issued must describe the conduct to be 
        enjoined. 
           Sec. 10.  Minnesota Statutes 1996, section 617.85, is 
        amended to read: 
           617.85 [NUISANCE; MOTION TO CANCEL LEASE.] 
           Where notice is provided under section 617.81, subdivision 
        4, that an abatement of a nuisance is sought and the 
        circumstances that are the basis for the requested abatement 
        involved the acts of a commercial or residential tenant or 
        lessee of part or all of a building, the owner of the building 
        that is subject to the abatement proceeding may file before the 
        court that has jurisdiction over the abatement proceeding a 
        motion to cancel the lease or otherwise secure restitution of 
        the premises from the tenant or lessee who has maintained or 
        conducted the nuisance.  The owner may assign to the prosecuting 
        attorney the right to file this motion.  In addition to the 
        grounds provided in chapter 566, the maintaining or conducting 
        of a nuisance as defined in section 617.81, subdivision 2, by a 
        tenant or lessee, is an additional ground authorized by law for 
        seeking the cancellation of a lease or the restitution of the 
        premises.  Service of motion brought under this section must be 
        served in a manner that is sufficient under the Rules of Civil 
        Procedure or chapter 566. 
           It is no defense to a motion under this section by the 
        owner or the prosecuting attorney that the lease or other 
        agreement controlling the tenancy or leasehold does not provide 
        for eviction or cancellation of the lease upon the ground 
        provided in this section. 
           Upon a finding by the court that the tenant or lessee has 
        maintained or conducted a nuisance in any portion of the 
        building, the court shall order cancellation of the lease or 
        tenancy and grant restitution of the premises to the owner.  The 
        court must not order abatement of the premises if the court:  
           (a) cancels a lease or tenancy and grants restitution of 
        that portion of the premises to the owner; and 
           (b) further finds that the acts constituting the nuisance 
        as defined in section 617.81, subdivision 2, were committed by 
        the tenant or lessee whose lease or tenancy has been canceled 
        pursuant to this section and the tenant or lessee was not 
        committing the acts in conjunction with or under the control of 
        the owner. 
           Sec. 11.  [PUBLIC DEFENDER ACCESS TO CRIMINAL HISTORY 
        DATA.] 
           The criminal and juvenile justice information policy group 
        shall facilitate remote electronic access to public criminal 
        history data by public defenders. 
           Sec. 12.  [STUDY AND REPORT REQUIRED.] 
           The commissioner of public safety shall complete a study 
        and submit a report to the legislature pursuant to Minnesota 
        Statutes, section 3.195, by February 1, 1998, including 
        recommendations for legislation or other action that will: 
           (1) decrease the sale of alcoholic beverages to, and the 
        consumption of alcoholic beverages by pregnant women; 
           (2) reduce the occurrence of fetal alcohol syndrome and 
        fetal alcohol exposure; 
           (3) encourage responsible alcoholic beverage sales and 
        service to pregnant women by businesses that hold liquor 
        licenses; and 
           (4) heighten awareness of the importance of responsible use 
        of alcohol by pregnant women of the state. 
           Sec. 13.  [EFFECTIVE DATE.] 
           Section 8 is effective the day following final enactment. 
           Presented to the governor May 27, 1997 
           Signed by the governor May 30, 1997, 1:24 p.m.

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569