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                            CHAPTER 367-S.F.No. 3345 
                  An act relating to crime prevention and judiciary 
                  finance; appropriating money for the judicial branch, 
                  public safety, corrections, criminal justice, crime 
                  prevention, and related purposes; prescribing, 
                  clarifying, and modifying penalties; modifying various 
                  fees, assessments, and surcharges; implementing, 
                  clarifying, and modifying certain criminal and 
                  juvenile provisions; providing for the collection, 
                  maintenance, and reporting of certain data; 
                  implementing, clarifying, and modifying conditions of 
                  conditional release; providing services for disasters; 
                  clarifying and modifying laws involving public 
                  defenders; conveying state land to the city of 
                  Faribault; establishing, clarifying, expanding, and 
                  making permanent various pilot programs, grant 
                  programs, task forces, working groups, reports, and 
                  studies; expanding, clarifying, and modifying the 
                  powers of the commissioner of corrections; amending 
                  Minnesota Statutes 1996, sections 3.739, subdivision 
                  1; 12.09, by adding a subdivision; 13.99, by adding a 
                  subdivision; 152.021, as amended; 152.022, as amended; 
                  152.0261, subdivision 2, and by adding a subdivision; 
                  168.042, subdivisions 12 and 15; 169.121, subdivision 
                  5a; 171.16, subdivision 3; 241.01, subdivision 7, and 
                  by adding a subdivision; 241.021, by adding a 
                  subdivision; 241.05; 242.32, subdivision 1; 243.05, 
                  subdivision 1; 243.166, subdivisions 1 and 5; 243.51, 
                  by adding a subdivision; 244.05, subdivision 7; 
                  260.015, subdivision 21; 260.131, by adding a 
                  subdivision; 260.155, subdivision 1; 260.165, by 
                  adding a subdivision; 260.255; 260.315; 299A.61, by 
                  adding a subdivision; 299C.06; 299C.09; 299F.04, by 
                  adding a subdivision; 299M.01, subdivision 7; 299M.02; 
                  299M.03, subdivisions 1 and 2; 299M.04; 299M.08; 
                  299M.12; 357.021, by adding subdivisions; 390.11, 
                  subdivision 2; 401.02, by adding a subdivision; 
                  488A.03, subdivision 11; 518B.01, subdivisions 3a, 5, 
                  6, and by adding a subdivision; 588.01, subdivision 3; 
                  588.20; 609.095; 609.11, subdivision 5; 609.184, 
                  subdivision 2; 609.185; 609.19, subdivision 1; 
                  609.229, subdivisions 2, 3, and by adding a 
                  subdivision; 609.322, subdivisions 1, 1a, and by 
                  adding a subdivision; 609.3241; 609.341, subdivisions 
                  11 and 12; 609.342, subdivision 1; 609.343, 
                  subdivision 1; 609.344, subdivision 1; 609.345, 
                  subdivision 1; 609.3451, subdivision 3; 609.3461, 
                  subdivisions 1 and 2; 609.347, subdivisions 1, 2, 3, 
                  5, and 6; 609.348; 609.49, subdivision 1; 609.50, 
                  subdivision 2; 609.582; 609.66, subdivision 1e; 
                  609.748, subdivisions 3 and 4; 609.749, subdivision 3; 
                  609A.03, subdivision 2; 611.14; 611.20, subdivisions 
                  3, 4, and 5; 611.26, subdivisions 2, 3, and 3a; 
                  611.263; 611.27, subdivisions 1 and 7; 617.23; 629.34, 
                  subdivision 1; 631.045; and 634.20; Minnesota Statutes 
                  1997 Supplement, sections 97A.065, subdivision 2; 
                  152.023, subdivision 2; 168.042, subdivision 11a; 
                  171.29, subdivision 2; 241.015; 241.277, subdivisions 
                  6, 9, and by adding a subdivision; 242.192; 242.32, 
                  subdivision 4; 243.166, subdivision 4; 243.51, 
                  subdivisions 1 and 3; 244.19, by adding a subdivision; 
                  260.015, subdivisions 2a and 29; 260.161, subdivision 
                  2; 260.165, subdivision 1; 357.021, subdivision 2; 
                  401.01, subdivision 2; 401.13; 504.181, subdivision 1; 
                  518.179, subdivision 2; 518B.01, subdivision 14; 
                  609.101, subdivision 5; 609.11, subdivision 9; 
                  609.113, subdivision 3; 609.135, subdivision 1; 
                  609.2244, subdivisions 1 and 4; 609.52, subdivision 3; 
                  609.749, subdivision 2; 611.25, subdivision 3; and 
                  631.52, subdivision 2; Laws 1996, chapter 365, section 
                  3; Laws 1997, chapter 239, article 1, sections 7, 
                  subdivision 8; and 12, subdivisions 2, 3, and 4; 
                  article 3, section 26; article 4, section 15; article 
                  10, sections 1 and 19; proposing coding for new law in 
                  Minnesota Statutes, chapters 152; 169; 241; 244; 245A; 
                  260; 299C; 401; 604; 609; 611A; 626; and 629; 
                  repealing Minnesota Statutes 1996, sections 260.261; 
                  299M.05; 299M.11, subdivision 3; 401.02, subdivision 
                  4; 609.101, subdivision 1; 609.1352; 609.152; 609.184; 
                  609.196; 609.321, subdivisions 3 and 6; 609.322, 
                  subdivisions 2 and 3; 609.323; 609.346; 609.563, 
                  subdivision 2; 611.216, subdivision 1a; 611.26, 
                  subdivision 9; 611.27, subdivision 2; and 626.861; 
                  Minnesota Statutes 1997 Supplement, sections 243.51, 
                  subdivision 4; 244.19, subdivision 3a; and 611.27, 
                  subdivision 4. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
                                   ARTICLE 1
                                 APPROPRIATIONS
        Section 1.  [CRIMINAL JUSTICE APPROPRIATIONS.] 
           The sums shown in the columns headed "APPROPRIATIONS" are 
        appropriated from the general fund, or another named fund, to 
        the agencies and for the purposes specified in this article to 
        be available for the fiscal years indicated for each purpose.  
        The figures "1998" and "1999," where used in this article, mean 
        that the appropriation or appropriations listed under them are 
        available for the year ending June 30, 1998, or June 30, 1999, 
        respectively. 
                                SUMMARY BY FUND
                                                1998           1999
        General Fund Total                $      822,000 $    7,108,000
        TOTAL                             $      822,000 $    7,108,000
                                                   APPROPRIATIONS 
                                               Available for the Year 
                                                   Ending June 30 
                                                  1998         1999 
        Sec. 2.  SUPREME COURT            
        Subdivision 1.  Total 
        Appropriation                     $      -0-     $    1,270,000
        Subd. 2.  Supreme Court 
        Operations                                                      
               -0-            120,000 
        $120,000 is for two positions to 
        improve financial and human resources 
        services to the courts.  
        Up to $5,000 of the amount appropriated 
        in Laws 1997, chapter 239, article 1, 
        section 2, subdivision 2, may be used 
        for the normal operation of the court 
        for which no other reimbursement is 
        provided. 
        Subd. 3.  Civil Legal 
        Services                                                        
               -0-            375,000 
        $375,000 is a one-time appropriation 
        for civil legal services to low-income 
        clients. 
        Subd. 4.  State Court 
        Administration                                                  
               -0-            775,000 
        $200,000 is for a community justice 
        system collaboration team in the 
        judicial branch. 
        $75,000 is a one-time appropriation for 
        the parental cooperation task force 
        created in section 17.  
        $400,000 is a one-time appropriation to 
        begin the establishment of community 
        courts.  Of this amount, $200,000 is to 
        begin a community court in the fourth 
        judicial district and $200,000 is to 
        begin a community court in the second 
        judicial district. 
        $100,000 is a one-time appropriation 
        for a grant to the Minneapolis city 
        attorney for collecting and maintaining 
        the information required by article 2, 
        section 29.  This appropriation is 
        available until expended. 
        Sec. 3.  COURT OF APPEALS                 60,000        147,000 
        $60,000 the first year is for a 
        workers' compensation deficiency. 
        $90,000 the second year is for a sixth 
        appellate panel. 
        $57,000 the second year is for law 
        clerk salary equity adjustments.  
        Sec. 4.  DISTRICT COURT                  -0-          1,060,000 
        $360,000 is for eight additional law 
        clerk positions. 
        $700,000 is for law clerk salary equity 
        adjustments. 
        The conference of chief judges is 
        requested to work jointly with the 
        board of public defense to study the 
        issue of reimbursements to public 
        defenders from clients under Minnesota 
        Statutes, section 611.20.  The 
        conference and board are requested to 
        develop a plan to increase the amount 
        of reimbursements collected and to 
        recommend necessary changes in law to 
        accomplish that end.  The conference 
        and board shall report the results of 
        the study and their recommendations to 
        the chairs and ranking minority members 
        of the senate and house divisions 
        having jurisdiction over criminal 
        justice funding by January 15, 1999. 
        Sec. 5.  BOARD ON JUDICIAL
        STANDARDS                                -0-             30,000 
        $30,000 is a one-time appropriation for 
        costs associated with the investigation 
        and public hearing regarding complaints 
        presented to the board. 
        Sec. 6.  BOARD OF PUBLIC
        DEFENSE                                  330,000        670,000 
        $10,000 the first year and $20,000 the 
        second year are for increased employer 
        contribution rates for coverage under 
        the General Plan of the Public 
        Employees' Retirement Association 
        (PERA). 
        $320,000 the first year and $650,000 
        the second year are for public 
        defenders in the second and fourth 
        judicial districts. 
        Ramsey County and Hennepin County may 
        not add full- or part-time assistant 
        public defender positions, but may fill 
        position vacancies that arise due to 
        attrition. 
        The board of public defense, in 
        cooperation with the supreme court, the 
        conference of chief judges, and the 
        association of Minnesota counties, 
        shall study the issue of public 
        defender representation under Minnesota 
        Statutes, sections 260.155, subdivision 
        2, and 611.14, of juveniles and other 
        parties in juvenile court proceedings.  
        By January 15, 1999, the board of 
        public defense shall make 
        recommendations to the chairs and 
        ranking minority members of the senate 
        and house divisions having jurisdiction 
        over criminal justice funding on this 
        issue. 
        The board of public defense shall study 
        the compensation levels of its 
        employees in comparison to those of the 
        attorney general's office and present 
        recommendations to the chairs and 
        ranking minority members of the senate 
        and house divisions having jurisdiction 
        over criminal justice funding by 
        October 15, 1998, regarding a procedure 
        for board of public defense employees 
        to be paid comparably to employees in 
        the attorney general's office. 
        Sec. 7.  CORRECTIONS
        Subdivision 1.  Total 
        Appropriation                            220,000      1,895,000
        The amounts that may be spent from this 
        appropriation for each program are 
        specified in the following subdivisions.
        Subd. 2.  Correctional Institutions 
        The commissioner may use operating 
        funds appropriated in Laws 1997, 
        chapter 239, article 1, section 12, to 
        renovate Building 35 to provide for 74 
        medium security beds at the Moose Lake 
        Correctional Facility.  An amount up to 
        $1,500,000 may be used for the 
        necessary renovation. 
        $100,000 in dedicated receipts shall 
        cancel to the general fund on July 1, 
        1998.  This is a one-time cancellation. 
        The commissioner may open the Brainerd 
        facility on or after July 1, 1999, if 
        the commissioner shows a demonstrated 
        need for the opening and the 
        legislature, by law, approves it.  
        Subd. 3.  Juvenile Services                      
        The commissioner of corrections and the 
        commissioner of children, families and 
        learning shall collaborate in 
        developing recommendations concerning 
        funding mechanisms for educational 
        services at the Minnesota correctional 
        facilities at Red Wing and, if needed, 
        at Sauk Centre.  In developing these 
        recommendations, the commissioners 
        shall seek the advice of interested 
        counties and school districts.  The 
        commissioners shall report their 
        recommendations to the chairs and 
        ranking minority members of the senate 
        and house committees and divisions 
        having jurisdiction over education and 
        criminal justice funding and policy by 
        December 15, 1998. 
        Subd. 4.  Community Services
               220,000      1,895,000 
        $170,000 the first year and $315,000 
        the second year are for probation and 
        supervised release for the state 
        assumption of juvenile and adult 
        misdemeanant probation services in 
        Winona county. 
        $50,000 the first year and $210,000 the 
        second year are for probation and 
        supervised release for the state 
        assumption of juvenile and adult 
        misdemeanant probation services in 
        Benton county. 
        The appropriation in Laws 1997, chapter 
        239, article 1, section 12, subdivision 
        2, for the fiscal year ending June 30, 
        1999, for correctional institutions is 
        reduced by $1,000,000.  That amount is 
        added to the appropriation in Laws 
        1997, chapter 239, article 1, section 
        12, subdivision 4, for the fiscal year 
        ending June 30, 1999, and shall be used 
        for increased grants to counties that 
        deliver correctional services.  This 
        money shall be added to the base level 
        appropriated under Laws 1997, chapter 
        239, article 1, section 12, subdivision 
        4, for probation officer workload 
        reduction and is intended to reduce 
        state and county probation officer 
        caseload and workload overcrowding and 
        to increase supervision of individuals 
        sentenced to probation at the county 
        level.  This increased supervision may 
        be accomplished through a variety of 
        methods, including, but not limited to: 
        (1) innovative technology services, 
        such as automated probation reporting 
        systems and electronic monitoring; 
        (2) prevention and diversion programs; 
        (3) intergovernmental cooperation 
        agreements between local governments 
        and appropriate community resources; 
        and 
        (4) traditional probation program 
        services. 
        Counties that deliver correctional 
        services under Minnesota Statutes, 
        section 244.19, and that qualify for 
        new probation officers under this 
        program shall receive full 
        reimbursement for the officers' 
        benefits and support not to exceed 
        $70,000 annually.  Positions funded by 
        this appropriation may not supplant 
        existing services. 
        The commissioner shall distribute money 
        appropriated for state and county 
        probation officer caseload and workload 
        reduction according to the formula 
        contained in Minnesota Statutes, 
        section 401.10.  This appropriation may 
        not be used to supplant existing state 
        or county probation officer positions 
        or existing correctional services or 
        programs. 
        The appropriation in Laws 1997, chapter 
        239, article 1, section 12, subdivision 
        2, for the fiscal year ending June 30, 
        1999, for correctional institutions is 
        reduced by $222,000.  That amount is 
        added to the appropriation in Laws 
        1997, chapter 239, article 1, section 
        12, subdivision 4, for the fiscal year 
        ending June 30, 1999, and shall be used 
        for a one-time grant to Ramsey county 
        for the development and operation of 
        the breaking the cycle of violence 
        pilot project described in section 18.  
        Ramsey county must provide at least a 
        one-to-one funding match. 
        $100,000 the second year is a one-time 
        appropriation for grants to restorative 
        justice programs, as described in 
        Minnesota Statutes, section 611A.775.  
        In awarding grants under this 
        provision, the commissioner shall give 
        priority to existing programs that 
        involve face-to-face dialogue. 
        The appropriation for the pilot project 
        restorative justice program in Laws 
        1997, chapter 239, article 1, section 
        12, subdivision 4, must be used for a 
        grant to an existing restorative 
        justice program that: 
        (1) has been operating for at least six 
        months; 
        (2) is community-based and neighborhood 
        driven and that involves citizens who 
        live and work in the area where an 
        offender was arrested; 
        (3) engages neighborhood organizations, 
        law enforcement, and prosecutors in a 
        collaborative effort; 
        (4) features community conferencing; 
        (5) focuses on urban nuisance crimes 
        committed by adult offenders; and 
        (6) has never received government 
        funding. 
        $123,000 the second year is a one-time 
        appropriation to continue the funding 
        of existing juvenile mentoring pilot 
        programs created in Laws 1996, chapter 
        408, article 2, section 8.  At the end 
        of the pilot programs, the commissioner 
        shall report findings and 
        recommendations concerning the pilot 
        programs to the chairs and ranking 
        minority members of the house and 
        senate committees with jurisdiction 
        over criminal justice and higher 
        education issues.  This appropriation 
        is available until expended. 
        $150,000 the second year is a one-time 
        appropriation for a grant to the 
        southwest and west central service 
        cooperative to operate the child guide 
        prevention program for children in 
        kindergarten through grade 6. 
        $765,000 the second year is to 
        administer the remote electronic 
        alcohol monitoring program described in 
        Minnesota Statutes, section 169.1219. 
        $63,000 the second year is a one-time 
        appropriation for a grant to Hennepin 
        county to be used to continue 
        implementation and operation of the 
        community-oriented chemical dependency 
        pilot project established in Laws 1996, 
        chapter 408, article 2, section 11. 
        $700,000 the second year is a one-time 
        appropriation to expand and enhance 
        sentence to serve programming.  The 
        commissioner must attempt to develop 
        sentence to serve programming that will 
        generate income and be 
        self-supporting.  Any funds received by 
        the state through this programming may 
        be used for community services 
        programs.  This appropriation may be 
        used for a community work crew house 
        construction project. 
        By February 1, 1999, the commissioner 
        of corrections shall report to the 
        house and senate committees and 
        divisions with jurisdiction over 
        criminal justice policy and funding on 
        how the money appropriated under this 
        provision for sentence to serve 
        programming and community services 
        programming was used. 
        Whenever offenders are assigned for the 
        purpose of work under agreement with a 
        state department or agency, local unit 
        of government, or other governmental 
        subdivision, the state department or 
        agency, local unit of government, or 
        other governmental subdivision must 
        certify in writing to the appropriate 
        bargaining agent that the work 
        performed by the inmates will not 
        result in the displacement of currently 
        employed workers or workers on seasonal 
        layoff or layoff from a substantially 
        equivalent position, including partial 
        displacement such as reduction in hours 
        of nonovertime work, wages, or other 
        employment benefits. 
        The appropriation in Laws 1997, chapter 
        239, article 1, section 12, subdivision 
        4, for juvenile residential treatment 
        grants is reduced by $531,000.  This is 
        a one-time reduction. 
        Sec. 8.  CORRECTIONS OMBUDSMAN                -0-        20,000 
        $20,000 is for agency head salary and 
        benefit adjustments to the Ombudsman 
        for Corrections. 
        Sec. 9.  PUBLIC SAFETY
        Subdivision 1.  Total       
        Appropriation                             64,000      1,541,000 
        The amounts that may be spent from this 
        appropriation for each program are 
        specified in the following subdivisions.
        Subd. 2.  Emergency         
        Management    
                 -0-          148,000 
        $50,000 is to fund one full-time staff 
        person to coordinate volunteer 
        resources during disasters, as 
        described in article 11, section 1. 
        $98,000 is added to the appropriation 
        in Laws 1997, chapter 239, article 1, 
        section 7, subdivision 2, and fully 
        funds the activity by replacing the 
        existing collection of special revenues 
        through interagency contracts with a 
        direct appropriation. 
        The personnel complement of the 
        emergency management center in the 
        division of emergency management is 
        increased by one-half position. 
        Subd. 3.  Crime Victim     
        Ombudsman   
                64,000        240,000 
        $64,000 the first year and $165,000 the 
        second year are for the consolidation 
        of crime victim services under 
        provisions of reorganization order 180. 
        $75,000 the second year is a one-time 
        appropriation for grants to 
        organizations providing intensive case 
        management specific to the needs of 
        prostituted individuals receiving 
        housing component services, such as 
        rental, mortgage, and utility 
        assistance.  Grantees must provide a 
        match of five percent in money or 
        in-kind services.  This appropriation 
        is available until expended. 
        The executive director of the center 
        for crime victim services shall: 
        (1) maintain the duties, 
        responsibilities, and diversity of the 
        battered women advisory council, the 
        sexual assault advisory council, the 
        general crime victim advisory council, 
        and the crime victim and witness 
        advisory council; 
        (2) retain crime-specific funding 
        initiatives; and 
        (3) conduct focus group meetings around 
        the state to ascertain victim and 
        provider priorities. 
        These requirements stay in effect until 
        June 30, 1999. 
        The center for crime victim services is 
        directed to develop a process for 
        determining priorities for future 
        funding requests. 
        The crime victim ombudsman shall have 
        responsibility for budgetary matters 
        related to the duties of the crime 
        victim ombudsman under Minnesota 
        Statutes, sections 611A.72 to 611A.74.  
        The executive director of the center 
        for crime victim services shall have 
        responsibility over budgetary matters 
        related to the center for crime victim 
        services. 
        Subd. 4.  Fire Marshal
               -0-            170,000 
        $170,000 is to establish, administer, 
        and maintain the arson investigative 
        data system described in Minnesota 
        Statutes, section 299F.04. 
        Subd. 5.  Criminal Apprehension
               -0-            233,000 
        $50,000 is a one-time appropriation to 
        administer and maintain the conditional 
        release data system described in 
        Minnesota Statutes, section 299C.147. 
        $50,000 is for grants under Minnesota 
        Statutes, section 299C.065.  
        $133,000 is to hire two additional 
        full-time forensic scientists for 
        processing of latent fingerprint and 
        other crime scene evidence.  The 
        addition of these forensic scientists 
        shall not displace existing staff. 
        Subd. 6.  Law Enforcement and
        Community Grants
               -0-            750,000 
        $200,000 is a one-time appropriation 
        for weed and seed grants under 
        Minnesota Statutes, section 299A.63.  
        Notwithstanding Minnesota Statutes, 
        section 299A.63, subdivision 2, at 
        least 50 percent of the grants awarded 
        from this appropriation must be awarded 
        to sites outside the seven-county 
        metropolitan area.  
        $450,000 is a one-time appropriation to 
        purchase automatic external 
        defibrillators and distribute them as 
        provided in section 16. 
        $50,000 is a one-time appropriation for 
        a grant to the Minnesota safety council 
        to promote crosswalk safety. 
        $50,000 is a one-time appropriation for 
        a grant to the city of Fridley to plan, 
        design, establish, and begin the 
        operation of a truancy service center.  
        The center must serve southern Anoka 
        county. 
        Sec. 10.  BOARD OF PEACE    
        OFFICER STANDARDS AND TRAINING          148,000            -0- 
        $148,000 is a one-time appropriation 
        for extraordinary legal costs related 
        to the settlement and release of a 
        wrongful discharge claim. 
        Sec. 11.  ADMINISTRATION                    -0-        100,000
        $100,000 is a one-time appropriation to 
        conduct a study or contract for a study 
        involving the issues of pretrial, 
        presentence, and conditional release.  
        At a minimum, the study must address 
        the following issues: 
        (1) the extent to which, under current 
        law, crimes are committed by persons on 
        pretrial, presentence, or conditional 
        release, including the numbers and 
        types of crimes committed: 
        (2) the extent to which, under current 
        law, persons on pretrial or presentence 
        release fail to appear as required by 
        courts; 
        (3) the extent to which persons on 
        pretrial, presentence, or conditional 
        release currently violate conditions of 
        release; 
        (4) the extent to which enactment of a 
        constitutional amendment and a statute 
        authorizing pretrial detention would 
        increase the number of individuals 
        subject to pretrial detention or the 
        length of time those individuals are 
        detained; 
        (5) the extent to which an amendment to 
        the Rules of Criminal Procedure 
        requiring the presentence detention of 
        persons whose presumptive sentence 
        under the sentencing guidelines is 
        commitment to the commissioner of 
        corrections would increase the number 
        of persons subject to presentence 
        detention or the length of time that 
        those persons are detained; 
        (6) the extent, if any, to which 
        increasing the number of individuals 
        subject to pretrial or presentence 
        detention or the length of time that 
        those individuals are detained 
        decreases the number of crimes 
        committed by persons on release or the 
        number of persons not appearing as 
        directed by the court; 
        (7) costs associated with increasing 
        the number of individuals subject to 
        pretrial or presentence detention or 
        the length of time that those 
        individuals are detained; and 
        (8) an analysis of the comparative 
        costs of fully funding pretrial 
        services as compared with the costs of 
        increased pretrial detention. 
        The commissioner shall report the 
        findings of this study to the chairs 
        and ranking minority members of the 
        senate and house committees and 
        divisions having jurisdiction over 
        criminal justice funding and policy by 
        January 15, 1999.  The report also must 
        include recommendations, if any, on how 
        pretrial and presentence release laws 
        and rules may be amended within the 
        current constitutional framework to 
        lower the risk that persons on release 
        will commit new offenses or not appear 
        as directed by the court. 
        Sec. 12.  HUMAN RIGHTS                   -0-            100,000 
        $100,000 is a one-time appropriation 
        for grants to eligible organizations 
        under article 11, section 23.  No more 
        than 40 percent of this appropriation 
        may be used for testing and community 
        auditing grants and research grants 
        under article 11, section 23, 
        subdivision 2, clauses (3) and (4). 
        Money appropriated under this section 
        may not be used by the department for 
        administrative purposes.  Testing 
        services funded by money appropriated 
        under this section and used in 
        department investigations are not 
        considered administrative purposes. 
        The commissioner of human rights may 
        transfer staff and money appropriated 
        for staffing within the department as 
        the commissioner sees fit. 
        Sec. 13.  MINNESOTA STATE COLLEGES AND
        UNIVERSITIES BOARD                       -0-            200,000
        $200,000 is a one-time appropriation to 
        establish a center for applied research 
        and policy analysis at Metropolitan 
        State University.  The purpose of the 
        center is to conduct research to 
        determine the effectiveness and 
        efficiency of current criminal justice 
        programs and explore new methods for 
        improving public safety.  In addition 
        to its other functions, the center 
        shall research matters of public policy 
        as requested by the legislature. 
        The center shall study innovative uses 
        of biometrics in law enforcement and 
        evaluate the costs associated with 
        these potential uses.  The study also 
        shall address any data privacy issues 
        that are raised by the use of 
        biometrics in law enforcement.  By 
        April 1, 1999, the center shall report 
        the results of the study to the chairs 
        and ranking minority members of the 
        senate and house committees and 
        divisions having jurisdiction over 
        criminal justice policy and funding. 
        The center shall conduct a study of the 
        guilty but mentally ill verdict and 
        report preliminary findings and 
        recommendations by March 1, 1999, and 
        final findings and recommendations by 
        November 1, 1999, to the chairs and 
        ranking members of the senate and house 
        committees and divisions having 
        jurisdiction over criminal justice 
        policy and funding.  As part of this 
        study the center shall examine the laws 
        of states that have adopted this 
        verdict and issues associated with its 
        implementation.  In addition, the 
        center shall consider other issues 
        involving mental health and the 
        criminal justice system such as the 
        mental illness defense, current mental 
        health treatment provided to inmates at 
        state correctional facilities, and 
        current use of the civil commitment 
        process. 
        The center also shall conduct a review 
        of the criminal justice projects and 
        programs that have received an 
        appropriation from the legislature at 
        any time from 1989 to 1998.  This 
        review must include, for each program, 
        a description of the program, the 
        amount of the appropriation made to the 
        program each year and the total amount 
        of appropriations received by the 
        program during the past ten years, a 
        summary of the program's stated 
        objectives at the time the 
        appropriation was made, an evaluation 
        of the program's performance in light 
        of its stated objectives, and any other 
        related issues that the center believes 
        will contribute to an accurate 
        assessment of the program's success.  
        The center shall issue a preliminary 
        report by March 1, 1999, and a final 
        report by November 1, 1999, to the 
        chairs and ranking minority members of 
        the senate and house committees and 
        divisions having jurisdiction over 
        criminal justice funding and policy on 
        the results of its review. 
        Sec. 14.  LEGISLATIVE AUDIT COMMISSION      -0-          75,000 
        The legislative audit commission is 
        requested to direct the legislative 
        auditor to conduct a study or contract 
        to conduct a study of the costs that 
        criminal activity places on state and 
        local communities.  If the audit 
        commission approves the study, $75,000 
        is appropriated to the commission to 
        conduct the study in two phases.  This 
        appropriation is available until June 
        30, 2000. 
        In phase one, the auditor shall 
        investigate the feasibility of 
        conducting the research study and, at a 
        minimum, do the following: 
        (1) identify and review prior research 
        studies that have sought to assess the 
        direct and indirect costs of crime; 
        (2) evaluate the methodological 
        strengths and weaknesses of these prior 
        research studies; 
        (3) evaluate what types of data would 
        be needed to conduct such a study and 
        whether such data are reasonably 
        available; and 
        (4) make recommendations concerning how 
        a research study of the costs of crime 
        to Minnesota and its communities could 
        be defined and performed so as to 
        provide reliable information and 
        objective conclusions to policymakers 
        and participants in the criminal 
        justice system. 
        By March 15, 1999, the legislative 
        auditor shall report the results of 
        phase one of the study to the chairs 
        and ranking minority members of the 
        house and senate committees and 
        divisions having jurisdiction over 
        criminal justice policy and funding. 
        In phase two, the auditor shall focus 
        on both the direct costs to the state 
        and local governments of responding to, 
        prosecuting, and punishing criminal 
        offenders, but also the indirect costs 
        that criminal activity places on local 
        communities and their residents.  To 
        the extent possible, the study shall 
        compare, by offense type, the costs of 
        imprisoning an offender to the costs of 
        criminal behavior if the offender is 
        not incarcerated.  The auditor shall 
        report the findings of phase two of the 
        study to the chairs and ranking 
        minority members of the senate and 
        house committees and divisions having 
        jurisdiction over criminal justice 
        funding and policy by February 15, 2000.
           Sec. 15.  Laws 1997, chapter 239, article 1, section 7, 
        subdivision 8, is amended to read: 
        Subd. 8.  Law Enforcement and Community Grants
             3,260,000      2,745,000 
        The appropriations in this subdivision 
        are one-time appropriations. 
        $2,250,000 each year is to provide 
        funding for: 
        (1) grants under Minnesota Statutes, 
        section 299A.62, subdivision 1, clause 
        (2), to enable local law enforcement 
        agencies to assign overtime officers to 
        high crime areas within their 
        jurisdictions.  These grants shall be 
        distributed as provided in subdivision 
        2 of that section.  Up to $23,000 may 
        be used to administer grants awarded 
        under this clause; and 
        (2) weed and seed grants under 
        Minnesota Statutes, section 299A.63.  
        This appropriation shall be divided in 
        equal parts between the two programs.  
        Money not expended in the first year is 
        available for grants during the second 
        year.  
        By February 1, 1998, the commissioner 
        shall report to the chairs of the 
        senate and house divisions having 
        jurisdiction over criminal justice 
        funding, on grants made under clauses 
        (1) and (2). 
        $50,000 the first year is for Ramsey 
        county to continue the special unit 
        enforcing the state nuisance laws.  
        $50,000 the first year is for one or 
        more grants to community-based programs 
        to conduct research on street gang 
        culture and, based on this research, 
        develop effective prevention and 
        intervention techniques to help youth 
        avoid or end their street gang 
        involvement.  Each program receiving a 
        grant shall provide a report to the 
        criminal gang oversight council that 
        contains the following information: 
        (1) the results of the program's 
        research on street gang culture; 
        (2) the program's plans for additional 
        research on street gang culture, if 
        any; and 
        (3) the prevention and intervention 
        techniques developed by the program. 
        An interim report must be provided to 
        the council six months after a program 
        is awarded a grant.  A final report 
        must be provided to the council by 
        February 1, 1999.  A copy of each 
        report also must be provided to the 
        commissioner of public safety. 
        Each program receiving a grant also 
        must provide information and 
        recommendations on gang culture to the 
        criminal gang oversight council and 
        criminal gang strike force, as 
        requested by the council or strike 
        force. 
        $40,000 the first year shall be 
        transferred as a grant to a nonprofit 
        organization to be used to meet 
        one-half of the state match requirement 
        if the organization receives federal 
        matching funding to:  (1) acquire 
        interactive multimedia equipment for 
        courtroom presentations to aid in the 
        prosecution of complex homicide and 
        child fatality cases; and (2) retain a 
        forensic pathologist skilled in making 
        such presentations to serve as a 
        consultant to prosecutors statewide for 
        one year.  This grant is available only 
        if the organization obtains funds for 
        the remainder of the state match from 
        other sources.  This appropriation is 
        available until June 30, 1999. 
        $175,000 the first year is for grants 
        to the Council on Black Minnesotans to 
        continue the program established in 
        Laws 1996, chapter 408, article 2, 
        section 13. 
        $250,000 each year is for grants to 
        local governmental units that have 
        incurred costs implementing Minnesota 
        Statutes, section 244.052 or 244.10, 
        subdivision 2a.  Local governmental 
        units shall detail the costs they have 
        incurred along with any other 
        information required by the 
        commissioner.  The commissioner shall 
        award grants in a manner that 
        reimburses local governmental units 
        demonstrating the greatest need.  Of 
        this appropriation, up to $40,000 may 
        be used for educational equipment and 
        training to be used for sex offender 
        notification meetings by law 
        enforcement agencies around the state. 
        $120,000 each year is for a grant to 
        the northwest Hennepin human services 
        council to administer the northwest 
        community law enforcement project, to 
        be available until June 30, 1999.  
        $75,000 each year is for grants to 
        Hennepin and Ramsey counties to 
        administer the community service grant 
        pilot project program.  
        $100,000 the first year is for grants 
        to the city of St. Paul to be used by 
        the city to acquire and renovate a 
        building for a joint use police 
        storefront and youth activity center in 
        the north end area of St. Paul. 
        $25,000 the first year is for the 
        criminal alert network to disseminate 
        data regarding the use of fraudulent 
        checks and the coordination of security 
        and antiterrorism efforts with the 
        Federal Bureau of Investigation.  This 
        money is available only if the 
        commissioner determines the expansion 
        is feasible.  If the commissioner 
        determines that one or both of the uses 
        are not feasible, the commissioner 
        shall reduce the amount spent 
        accordingly. 
        $75,000 the first year is for a grant 
        to the Fourth Judicial District to plan 
        for a family violence coordinating 
        council. 
           Sec. 16.  [AUTOMATIC EXTERNAL DEFIBRILLATOR DISTRIBUTION 
        PROGRAM.] 
           (a) As used in this section, "local law enforcement agency" 
        includes the capitol complex security division of the department 
        of public safety. 
           (b) The commissioner of public safety shall administer a 
        program to distribute automatic external defibrillators to local 
        law enforcement agencies.  Defibrillators may only be 
        distributed to law enforcement agencies that are first 
        responders for medical emergencies.  Law enforcement agencies 
        that receive defibrillators under this section must: 
           (1) provide any necessary training to their employees 
        concerning the use of the defibrillator; 
           (2) retain or consult with a physician consultant who is 
        responsible for assisting the agency with issues involving the 
        defibrillator and following up on the medical status of persons 
        on whom a defibrillator has been used; and 
           (3) compile statistics on the use of the defibrillator and 
        its results and report this information to the commissioner as 
        required. 
           (c) Defibrillators shall be distributed under this section 
        to local law enforcement agencies selected by the commissioner 
        of public safety.  However, before any decisions on which law 
        enforcement agencies will receive defibrillators are made, a 
        committee consisting of a representative from the Minnesota 
        chiefs of police association, a representative from the 
        Minnesota sheriffs association, and a representative from the 
        Minnesota police and peace officers association shall evaluate 
        the applications.  The commissioner shall meet and consult with 
        the committee concerning its evaluations and recommendations on 
        distribution proposals prior to making a final decision on 
        distribution. 
           (d) By January 15, 1999, the commissioner shall report to 
        the chairs and ranking minority members of the senate and house 
        divisions having jurisdiction over criminal justice funding on 
        defibrillators distributed under this section. 
           (e) The commissioner shall ensure that the defibrillators 
        distributed under this section are year 2000 ready. 
           Sec. 17.  [PARENTAL COOPERATION TASK FORCE.] 
           (a) The supreme court is requested to establish a task 
        force to evaluate ways to reduce conflict between parents in 
        proceedings for marriage dissolution, annulment, or legal 
        separation.  The task force should include representatives of 
        communities of color and representatives of other groups 
        affected by the family law system, including parents, children, 
        judges, administrative law judges, private attorneys, county 
        attorneys, legal services, court services, guardians ad litem, 
        mediators, professionals who work with families, domestic abuse 
        advocates, and other advocacy groups. 
           (b) The task force shall: 
           (1) research ways to reduce conflict between parents in 
        family law proceedings, including the use of parenting plans 
        that would govern parental obligations, decision-making 
        authority, and schedules for the upbringing of children; 
           (2) study the programs and experiences in other states that 
        have implemented parenting plans; and 
           (3) evaluate the fiscal implications of parenting plans. 
           The task force may consider the unofficial engrossment of 
        1998 H.F. No. 2784, article 3, in its deliberations on parenting 
        plans. 
           (c) The supreme court is requested to submit a progress 
        report under this section to the chairs and ranking minority 
        members of the house and senate judiciary committees by January 
        15, 1999, and a final report to these committees by January 15, 
        2000. 
           Sec. 18.  [BREAKING THE CYCLE OF VIOLENCE PILOT PROJECT.] 
           (a) Ramsey county shall establish a one-year pilot project 
        providing intensive intervention to families who have been 
        involved in the violent drug culture.  The pilot project must be 
        divided into three phases.  Phase I must provide up to 90 days 
        of intensive residential services as an alternative to the 
        incarceration of adult women and out-of-home placement of their 
        children.  Phase II must involve placement in a transitional 
        housing program.  Phase III must involve reintegration into 
        neighborhood living and responsible citizenship with the 
        assistance of community-based neighborhood organizations that 
        are recruited by project staff.  Case management for families 
        and weekly urine analysis for the adult women must be provided 
        throughout the project.  
           (b) By January 15, 2000, Ramsey county shall report to the 
        chairs and ranking minority members of the senate and house 
        divisions having jurisdiction over criminal justice funding on 
        the results of the pilot project. 
                                   ARTICLE 2 
                            GENERAL CRIME PROVISIONS 
           Section 1.  Minnesota Statutes 1997 Supplement, section 
        260.015, subdivision 29, is amended to read: 
           Subd. 29.  [EGREGIOUS HARM.] "Egregious harm" means the 
        infliction of bodily harm to a child or neglect of a child which 
        demonstrates a grossly inadequate ability to provide minimally 
        adequate parental care.  The egregious harm need not have 
        occurred in the state or in the county where a termination of 
        parental rights action is otherwise properly venued.  Egregious 
        harm includes, but is not limited to: 
           (1) conduct towards a child that constitutes a violation of 
        sections 609.185 to 609.21, 609.222, subdivision 2, 609.223, or 
        any other similar law of any other state; 
           (2) the infliction of "substantial bodily harm" to a child, 
        as defined in section 609.02, subdivision 8; 
           (3) conduct towards a child that constitutes felony 
        malicious punishment of a child under section 609.377; 
           (4) conduct towards a child that constitutes felony 
        unreasonable restraint of a child under section 609.255, 
        subdivision 3; 
           (5) conduct towards a child that constitutes felony neglect 
        or endangerment of a child under section 609.378; 
           (6) conduct towards a child that constitutes assault under 
        section 609.221, 609.222, or 609.223; 
           (7) conduct towards a child that constitutes solicitation, 
        inducement, or promotion of, or receiving profit derived from 
        prostitution under section 609.322; or 
           (8) conduct towards a child that constitutes receiving 
        profit derived from prostitution under section 609.323; or 
           (9) conduct toward a child that constitutes a violation of 
        United States Code, title 18, section 1111(a) or 1112(a). 
           Sec. 2.  Minnesota Statutes 1997 Supplement, section 
        518.179, subdivision 2, is amended to read: 
           Subd. 2.  [APPLICABLE CRIMES.] This section applies to the 
        following crimes or similar crimes under the laws of the United 
        States, or any other state: 
           (1) murder in the first, second, or third degree under 
        section 609.185, 609.19, or 609.195; 
           (2) manslaughter in the first degree under section 609.20; 
           (3) assault in the first, second, or third degree under 
        section 609.221, 609.222, or 609.223; 
           (4) kidnapping under section 609.25; 
           (5) depriving another of custodial or parental rights under 
        section 609.26; 
           (6) soliciting, inducing, or promoting, or receiving profit 
        derived from prostitution involving a minor under section 
        609.322; 
           (7) receiving profit from prostitution involving a minor 
        under section 609.323; 
           (8) criminal sexual conduct in the first degree under 
        section 609.342; 
           (9) (8) criminal sexual conduct in the second degree under 
        section 609.343; 
           (10) (9) criminal sexual conduct in the third degree under 
        section 609.344, subdivision 1, paragraph (c), (f), or (g); 
           (11) (10) solicitation of a child to engage in sexual 
        conduct under section 609.352; 
           (12) (11) incest under section 609.365; 
           (13) (12) malicious punishment of a child under section 
        609.377; 
           (14) (13) neglect of a child under section 609.378; 
           (15) (14) terroristic threats under section 609.713; or 
           (16) (15) felony harassment or stalking under section 
        609.749, subdivision 4. 
           Sec. 3.  Minnesota Statutes 1996, section 588.20, is 
        amended to read: 
           588.20 [CRIMINAL CONTEMPTS.] 
           Subdivision 1.  [FELONY CONTEMPT.] (a) A person who 
        knowingly and willfully disobeys a subpoena lawfully issued in 
        relation to a crime of violence, as defined in section 609.11, 
        subdivision 9, with the intent to obstruct the criminal justice 
        process is guilty of a felony and may be sentenced to 
        imprisonment for not more than five years or to payment of a 
        fine of not more than $10,000, or both. 
           (b) A felony charge under this subdivision may be filed 
        upon the person's nonappearance.  However, the charge must be 
        dismissed if the person voluntarily appears within 48 hours 
        after the time required for appearance on the subpoena and 
        reappears as directed by the court until discharged from the 
        subpoena by the court.  This paragraph does not apply if the 
        person appears as a result of being apprehended by law 
        enforcement authorities. 
           Subd. 2.  [MISDEMEANOR CONTEMPT.] Every person who shall 
        commit commits a contempt of court, of any one of the following 
        kinds, shall be is guilty of a misdemeanor: 
           (1) disorderly, contemptuous, or insolent behavior, 
        committed during the sitting of the court, in its immediate view 
        and presence, and directly tending to interrupt its proceedings, 
        or to impair the respect due to its authority; 
           (2) behavior of like character in the presence of a 
        referee, while actually engaged in a trial or hearing, pursuant 
        to an order of court, or in the presence of a jury while 
        actually sitting for the trial of a cause, or upon an inquest or 
        other proceeding authorized by law; 
           (3) breach of the peace, noise, or other disturbance 
        directly tending to interrupt the proceedings of a court, jury, 
        or referee; 
           (4) willful disobedience to the lawful process or other 
        mandate of a court other than the conduct described in 
        subdivision 1; 
           (5) resistance willfully offered to its lawful process or 
        other mandate other than the conduct described in subdivision 1; 
           (6) contumacious and unlawful refusal to be sworn as a 
        witness, or, after being sworn, to answer any legal and proper 
        interrogatory; 
           (7) publication of a false or grossly inaccurate report of 
        its proceedings; or 
           (8) willful failure to pay court-ordered child support when 
        the obligor has the ability to pay.  
           No person shall may be punished as herein provided in this 
        subdivision for publishing a true, full, and fair report of a 
        trial, argument, decision, or other court proceeding had in 
        court.  
           Sec. 4.  Minnesota Statutes 1996, section 609.11, 
        subdivision 5, is amended to read: 
           Subd. 5.  [FIREARM.] (a) Except as otherwise provided in 
        paragraph (b), any defendant convicted of an offense listed in 
        subdivision 9 in which the defendant or an accomplice, at the 
        time of the offense, had in possession or used, whether by 
        brandishing, displaying, threatening with, or otherwise 
        employing, a firearm, shall be committed to the commissioner of 
        corrections for not less than three years, nor more than the 
        maximum sentence provided by law.  Any defendant convicted of a 
        second or subsequent offense in which the defendant or an 
        accomplice, at the time of the offense, had in possession or 
        used a firearm shall be committed to the commissioner of 
        corrections for not less than five years, nor more than the 
        maximum sentence provided by law.  
           (b) Any defendant convicted of violating section 609.165 or 
        624.713, subdivision 1, clause (b), shall be committed to the 
        commissioner of corrections for not less than 18 months five 
        years, nor more than the maximum sentence provided by law.  Any 
        defendant convicted of a second or subsequent violation of 
        either of these sections shall be committed to the commissioner 
        of corrections for not less than five years, nor more than the 
        maximum sentence provided by law. 
           Sec. 5.  Minnesota Statutes 1997 Supplement, section 
        609.11, subdivision 9, is amended to read: 
           Subd. 9.  [APPLICABLE OFFENSES.] The crimes for which 
        mandatory minimum sentences shall be served as provided in this 
        section are:  murder in the first, second, or third degree; 
        assault in the first, second, or third degree; burglary; 
        kidnapping; false imprisonment; manslaughter in the first or 
        second degree; aggravated robbery; simple robbery; first-degree 
        or aggravated first-degree witness tampering; criminal sexual 
        conduct under the circumstances described in sections 609.342, 
        subdivision 1, clauses (a) to (f); 609.343, subdivision 1, 
        clauses (a) to (f); and 609.344, subdivision 1, clauses (a) to 
        (e) and (h) to (j); escape from custody; arson in the first, 
        second, or third degree; drive-by shooting under section 609.66, 
        subdivision 1e; harassment and stalking under section 609.749, 
        subdivision 3, clause (3); possession or other unlawful use of a 
        firearm in violation of section 609.165, subdivision 1b, or 
        624.713, subdivision 1, clause (b), a felony violation of 
        chapter 152; or any attempt to commit any of these offenses. 
           Sec. 6.  Minnesota Statutes 1996, section 609.184, 
        subdivision 2, is amended to read: 
           Subd. 2.  [LIFE WITHOUT RELEASE.] The court shall sentence 
        a person to life imprisonment without possibility of release 
        under the following circumstances: 
           (1) the person is convicted of first degree murder under 
        section 609.185, clause (2) or (4); or 
           (2) the person is convicted of committing first degree 
        murder in the course of a kidnapping under section 609.185, 
        clause (3); or 
           (3) the person is convicted of first degree murder under 
        section 609.185, clause (1), (3), (5), or (6), and the court 
        determines on the record at the time of sentencing that the 
        person has one or more previous convictions for a heinous crime. 
           Sec. 7.  Minnesota Statutes 1996, section 609.185, is 
        amended to read: 
           609.185 [MURDER IN THE FIRST DEGREE.] 
           Whoever does any of the following is guilty of murder in 
        the first degree and shall be sentenced to imprisonment for life:
           (1) causes the death of a human being with premeditation 
        and with intent to effect the death of the person or of another; 
           (2) causes the death of a human being while committing or 
        attempting to commit criminal sexual conduct in the first or 
        second degree with force or violence, either upon or affecting 
        the person or another; 
           (3) causes the death of a human being with intent to effect 
        the death of the person or another, while committing or 
        attempting to commit burglary, aggravated robbery, kidnapping, 
        arson in the first or second degree, a drive-by shooting, 
        tampering with a witness in the first degree, escape from 
        custody, or any felony violation of chapter 152 involving the 
        unlawful sale of a controlled substance; 
           (4) causes the death of a peace officer or a guard employed 
        at a Minnesota state or local correctional facility, with intent 
        to effect the death of that person or another, while the peace 
        officer or guard is engaged in the performance of official 
        duties; 
           (5) causes the death of a minor while committing child 
        abuse, when the perpetrator has engaged in a past pattern of 
        child abuse upon the child and the death occurs under 
        circumstances manifesting an extreme indifference to human life; 
        or 
           (6) causes the death of a human being while committing 
        domestic abuse, when the perpetrator has engaged in a past 
        pattern of domestic abuse upon the victim and the death occurs 
        under circumstances manifesting an extreme indifference to human 
        life. 
           For purposes of clause (5), "child abuse" means an act 
        committed against a minor victim that constitutes a violation of 
        the following laws of this state or any similar laws of the 
        United States or any other state:  section 609.221; 609.222; 
        609.223; 609.224; 609.2242; 609.342; 609.343; 609.344; 609.345; 
        609.377; 609.378; or 609.713. 
           For purposes of clause (6), "domestic abuse" means an act 
        that: 
           (1) constitutes a violation of section 609.221, 609.222, 
        609.223, 609.224, 609.2242, 609.342, 609.343, 609.344, 609.345, 
        609.713, or any similar laws of the United States or any other 
        state; and 
           (2) is committed against the victim who is a family or 
        household member as defined in section 518B.01, subdivision 2, 
        paragraph (b). 
           Sec. 8.  Minnesota Statutes 1996, section 609.19, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [INTENTIONAL MURDER; DRIVE-BY SHOOTINGS.] 
        Whoever does either of the following is guilty of murder in the 
        second degree and may be sentenced to imprisonment for not more 
        than 40 years:  
           (1) causes the death of a human being with intent to effect 
        the death of that person or another, but without premeditation; 
        or 
           (2) causes the death of a human being while committing or 
        attempting to commit a drive-by shooting in violation of section 
        609.66, subdivision 1e, under circumstances other than those 
        described in section 609.185, clause (3). 
           Sec. 9.  Minnesota Statutes 1996, section 609.229, 
        subdivision 2, is amended to read: 
           Subd. 2.  [CRIMES.] A person who commits a crime for the 
        benefit of, at the direction of, or in association with, or 
        motivated by involvement with a criminal gang, with the intent 
        to promote, further, or assist in criminal conduct by gang 
        members is guilty of a crime and may be sentenced as provided in 
        subdivision 3. 
           Sec. 10.  Minnesota Statutes 1996, section 609.229, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PENALTY.] (a) If the crime committed in 
        violation of subdivision 2 is a felony, the statutory maximum 
        for the crime is three five years longer than the statutory 
        maximum for the underlying crime. 
           (b) If the crime committed in violation of subdivision 2 is 
        a misdemeanor, the person is guilty of a gross misdemeanor. 
           (c) If the crime committed in violation of subdivision 2 is 
        a gross misdemeanor, the person is guilty of a felony and may be 
        sentenced to imprisonment for not more than one year and a day 
        three years or to payment of a fine of not more 
        than $5,000 $15,000, or both. 
           Sec. 11.  Minnesota Statutes 1996, section 609.229, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [MANDATORY MINIMUM SENTENCE.] (a) Unless a longer 
        mandatory minimum sentence is otherwise required by law, or the 
        court imposes a longer aggravated durational departure, or a 
        longer prison sentence is presumed under the sentencing 
        guidelines and imposed by the court, a person convicted of a 
        crime described in subdivision 3, paragraph (a), shall be 
        committed to the custody of the commissioner of corrections for 
        not less than one year plus one day. 
           (b) Any person convicted and sentenced as required by 
        paragraph (a) is not eligible for probation, parole, discharge, 
        work release, or supervised release until that person has served 
        the full term of imprisonment as provided by law, 
        notwithstanding the provisions of sections 242.19, 243.05, 
        244.04, 609.12, and 609.135. 
           Sec. 12.  Minnesota Statutes 1996, section 609.322, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [INDIVIDUALS UNDER AGE 16.] Whoever, while 
        acting other than as a prostitute or patron, intentionally 
        does either any of the following may be sentenced to 
        imprisonment for not more than 20 years or to payment of a fine 
        of not more than $40,000, or both: 
           (1) solicits or induces an individual under the age of 16 
        years to practice prostitution; or 
           (2) promotes the prostitution of an individual under the 
        age of 16 years; or 
           (3) receives profit, knowing or having reason to know that 
        it is derived from the prostitution, or the promotion of the 
        prostitution, of an individual under the age of 16 years. 
           Sec. 13.  Minnesota Statutes 1996, section 609.322, 
        subdivision 1a, is amended to read: 
           Subd. 1a.  [OTHER OFFENSES.] Whoever, while acting other 
        than as a prostitute or patron, intentionally does any of the 
        following may be sentenced to imprisonment for not more than ten 
        15 years or to payment of a fine of not more 
        than $20,000 $30,000, or both:  
           (1) solicits or induces an individual at least 16 but less 
        than 18 years of age to practice prostitution; or 
           (2) Solicits or induces an individual to practice 
        prostitution by means of force; or 
           (3) Uses a position of authority to solicit or induce an 
        individual to practice prostitution; or 
           (4) promotes the prostitution of an individual in the 
        following circumstances:  
           (a) The individual is at least 16 but less than 18 years of 
        age; or 
           (b) The actor knows that the individual has been induced or 
        solicited to practice prostitution by means of force; or 
           (c) The actor knows that a position of authority has been 
        used to induce or solicit the individual to practice 
        prostitution; or 
           (3) receives profit, knowing or having reason to know that 
        it is derived from the prostitution, or the promotion of the 
        prostitution, of an individual. 
           Sec. 14.  Minnesota Statutes 1996, section 609.322, is 
        amended by adding a subdivision to read: 
           Subd. 1b.  [EXCEPTIONS.] Subdivisions 1, clause (3), and 
        1a, clause (3), do not apply to: 
           (1) a minor who is dependent on an individual acting as a 
        prostitute and who may have benefited from or been supported by 
        the individual's earnings derived from prostitution; or 
           (2) a parent over the age of 55 who is dependent on an 
        individual acting as a prostitute, who may have benefited from 
        or been supported by the individual's earnings derived from 
        prostitution, and who did not know that the earnings were 
        derived from prostitution; or 
           (3) the sale of goods or services to a prostitute in the 
        ordinary course of a lawful business. 
           Sec. 15.  [609.3242] [PROSTITUTION CRIMES COMMITTED IN 
        SCHOOL OR PARK ZONES; INCREASED PENALTIES.] 
           Subdivision 1.  [DEFINITIONS.] As used in this section: 
           (1) "park zone" has the meaning given in section 152.01, 
        subdivision 12a; and 
           (2) "school zone" has the meaning given in section 152.01, 
        subdivision 14a, and also includes school bus stops established 
        by a school board under section 123.39, while school children 
        are waiting for the bus. 
           Subd. 2.  [INCREASED PENALTIES.] Any person who commits a 
        violation of section 609.324 while acting other than as a 
        prostitute while in a school or park zone may be sentenced as 
        follows: 
           (1) if the crime committed is a felony, the statutory 
        maximum for the crime is three years longer than the statutory 
        maximum for the underlying crime; 
           (2) if the crime committed is a gross misdemeanor, the 
        person is guilty of a felony and may be sentenced to 
        imprisonment for not more than two years or to payment of a fine 
        of not more than $4,000, or both; and 
           (3) if the crime committed is a misdemeanor, the person is 
        guilty of a gross misdemeanor. 
           Sec. 16.  Minnesota Statutes 1996, section 609.49, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [FELONY OFFENDERS.] (a) A person charged 
        with or convicted of a felony and released from custody, with or 
        without bail or recognizance, on condition that the releasee 
        personally appear when required with respect to the charge or 
        conviction, who intentionally fails to appear when required 
        after having been notified that a failure to appear for a court 
        appearance is a criminal offense, is guilty of a crime for 
        failure to appear and may be sentenced to imprisonment for not 
        more than one year or to payment of a fine of not more than 
        $3,000, or both not more than one-half of the maximum term of 
        imprisonment or fine, or both, provided for the underlying crime 
        for which the person failed to appear, but this maximum sentence 
        shall, in no case, be less than a term of imprisonment of one 
        year and one day or a fine of $1,500, or both. 
           (b) A felony charge under this subdivision may be filed 
        upon the person's nonappearance.  However, the charge must be 
        dismissed if the person who fails to appear voluntarily 
        surrenders within 48 hours after the time required for 
        appearance.  This paragraph does not apply if the offender 
        appears as a result of being apprehended by law enforcement 
        authorities.  
           Sec. 17.  Minnesota Statutes 1996, section 609.50, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PENALTY.] A person convicted of violating 
        subdivision 1 may be sentenced as follows: 
           (1) if (i) the act was committed with knowledge that it 
        person knew or had reason to know that the act created a risk of 
        death, substantial bodily harm, or serious property damage,; or 
        (ii) the act caused death, substantial bodily harm, or serious 
        property damage; or if (iii) the act involved the intentional 
        disarming of a peace officer by taking or attempting to take the 
        officer's firearm from the officer's possession without the 
        officer's consent,; to imprisonment for not more than five years 
        or to payment of a fine of not more than $10,000, or both; 
           (2) if the act was accompanied by force or violence or the 
        threat thereof, and is not otherwise covered by clause (1), to 
        imprisonment for not more than one year or to payment of a fine 
        of not more than $3,000, or both; or 
           (3) in other cases, to imprisonment for not more than 90 
        days or to payment of a fine of not more than $700, or both.  
           Sec. 18.  Minnesota Statutes 1997 Supplement, section 
        609.52, subdivision 3, is amended to read: 
           Subd. 3.  [SENTENCE.] Whoever commits theft may be 
        sentenced as follows: 
           (1) to imprisonment for not more than 20 years or to 
        payment of a fine of not more than $100,000, or both, if the 
        property is a firearm, or the value of the property or services 
        stolen is more than $35,000 and the conviction is for a 
        violation of subdivision 2, clause (3), (4), (15), or (16); or 
           (2) to imprisonment for not more than ten years or to 
        payment of a fine of not more than $20,000, or both, if the 
        value of the property or services stolen exceeds $2,500, or if 
        the property stolen was an article representing a trade secret, 
        an explosive or incendiary device, or a controlled substance 
        listed in schedule I or II pursuant to section 152.02 with the 
        exception of marijuana; or 
           (3) to imprisonment for not more than five years or to 
        payment of a fine of not more than $10,000, or both, if: 
           (a) the value of the property or services stolen is more 
        than $500 but not more than $2,500; or 
           (b) the property stolen was a controlled substance listed 
        in schedule III, IV, or V pursuant to section 152.02; or 
           (c) the value of the property or services stolen is more 
        than $200 but not more than $500 and the person has been 
        convicted within the preceding five years for an offense under 
        this section, section 256.98; 268.182; 609.24; 609.245; 609.53; 
        609.582, subdivision 1, 2, or 3; 609.625; 609.63; 609.631; or 
        609.821, or a statute from another state, the United States, or 
        a foreign jurisdiction, in conformity with any of those 
        sections, and the person received a felony or gross misdemeanor 
        sentence for the offense, or a sentence that was stayed under 
        section 609.135 if the offense to which a plea was entered would 
        allow imposition of a felony or gross misdemeanor sentence; or 
           (d) the value of the property or services stolen is not 
        more than $500, and any of the following circumstances exist: 
           (i) the property is taken from the person of another or 
        from a corpse, or grave or coffin containing a corpse; or 
           (ii) the property is a record of a court or officer, or a 
        writing, instrument or record kept, filed or deposited according 
        to law with or in the keeping of any public officer or office; 
        or 
           (iii) the property is taken from a burning, abandoned, or 
        vacant building or upon its removal therefrom, or from an area 
        of destruction caused by civil disaster, riot, bombing, or the 
        proximity of battle; or 
           (iv) the property consists of public funds belonging to the 
        state or to any political subdivision or agency thereof; or 
           (v) the property stolen is a motor vehicle; or 
           (4) to imprisonment for not more than one year or to 
        payment of a fine of not more than $3,000, or both, if the value 
        of the property or services stolen is more than $200 but not 
        more than $500; or 
           (5) in all other cases where the value of the property or 
        services stolen is $200 or less, to imprisonment for not more 
        than 90 days or to payment of a fine of not more than $700, or 
        both, provided, however, in any prosecution under subdivision 2, 
        clauses (1), (2), (3), (4), and (13), the value of the money or 
        property or services received by the defendant in violation of 
        any one or more of the above provisions within any six-month 
        period may be aggregated and the defendant charged accordingly 
        in applying the provisions of this subdivision; provided that 
        when two or more offenses are committed by the same person in 
        two or more counties, the accused may be prosecuted in any 
        county in which one of the offenses was committed for all of the 
        offenses aggregated under this paragraph. 
           Sec. 19.  [609.5631] [ARSON IN THE FOURTH DEGREE.] 
           Subdivision 1.  [DEFINITIONS.] (a) For purposes of this 
        section, the following terms have the meanings given. 
           (b) "Multiple unit residential building" means a building 
        containing two or more apartments. 
           (c) "Public building" means a building such as a hotel, 
        hospital, motel, dormitory, sanitarium, nursing home, theater, 
        stadium, gymnasium, amusement park building, school or other 
        building used for educational purposes, museum, restaurant, bar, 
        correctional institution, place of worship, or other building of 
        public assembly. 
           Subd. 2.  [CRIME DESCRIBED.] Whoever intentionally by means 
        of fire or explosives sets fire to or burns or causes to be 
        burned any real or personal property in a multiple unit 
        residential building or public building is guilty of a gross 
        misdemeanor and may be sentenced to imprisonment for not more 
        than one year or to payment of a fine of not more than $3,000, 
        or both. 
           Sec. 20.  [609.5632] [ARSON IN THE FIFTH DEGREE.] 
           Whoever intentionally by means of fire or explosives sets 
        fire to or burns or causes to be burned any real or personal 
        property of value is guilty of a misdemeanor and may be 
        sentenced to imprisonment for not more than 90 days or to 
        payment of a fine of not more than $700, or both. 
           Sec. 21.  Minnesota Statutes 1996, section 609.582, is 
        amended to read: 
           609.582 [BURGLARY.] 
           Subdivision 1.  [BURGLARY IN THE FIRST DEGREE.] Whoever 
        enters a building without consent and with intent to commit a 
        crime, or enters a building without consent and commits a crime 
        while in the building, either directly or as an accomplice, 
        commits burglary in the first degree and may be sentenced to 
        imprisonment for not more than 20 years or to payment of a fine 
        of not more than $35,000, or both, if:  
           (a) the building is a dwelling and another person, not an 
        accomplice, is present in it when the burglar enters or at any 
        time while the burglar is in the building; 
           (b) the burglar possesses, when entering or at any time 
        while in the building, any of the following:  a dangerous 
        weapon, any article used or fashioned in a manner to lead the 
        victim to reasonably believe it to be a dangerous weapon, or an 
        explosive; or 
           (c) the burglar assaults a person within the building or on 
        the building's appurtenant property.  
           Subd. 1a.  [MANDATORY MINIMUM SENTENCE FOR BURGLARY OF 
        OCCUPIED DWELLING.] A person convicted of committing burglary of 
        an occupied dwelling, as defined in subdivision 1, clause (a), 
        must be committed to the commissioner of corrections or county 
        workhouse for not less than six months. 
           Subd. 2.  [BURGLARY IN THE SECOND DEGREE.] Whoever enters a 
        building without consent and with intent to commit a crime, or 
        enters a building without consent and commits a crime while in 
        the building, either directly or as an accomplice, commits 
        burglary in the second degree and may be sentenced to 
        imprisonment for not more than ten years or to payment of a fine 
        of not more than $20,000, or both, if:  
           (a) the building is a dwelling; 
           (b) the portion of the building entered contains a banking 
        business or other business of receiving securities or other 
        valuable papers for deposit or safekeeping and the entry is with 
        force or threat of force; 
           (c) the portion of the building entered contains a pharmacy 
        or other lawful business or practice in which controlled 
        substances are routinely held or stored, and the entry is 
        forcible; or 
           (d) when entering or while in the building, the burglar 
        possesses a tool to gain access to money or property.  
           Subd. 3.  [BURGLARY IN THE THIRD DEGREE.] Whoever enters a 
        building without consent and with intent to steal or commit any 
        felony or gross misdemeanor while in the building, or enters a 
        building without consent and steals or commits a felony or gross 
        misdemeanor while in the building, either directly or as an 
        accomplice, commits burglary in the third degree and may be 
        sentenced to imprisonment for not more than five years or to 
        payment of a fine of not more than $10,000, or both. 
           Subd. 4.  [BURGLARY IN THE FOURTH DEGREE.] Whoever enters a 
        building without consent and with intent to commit a misdemeanor 
        other than to steal, or enters a building without consent and 
        commits a misdemeanor other than to steal while in the building, 
        either directly or as an accomplice, commits burglary in the 
        fourth degree and may be sentenced to imprisonment for not more 
        than one year or to payment of a fine of not more than $3,000, 
        or both. 
           Sec. 22.  Minnesota Statutes 1996, section 609.66, 
        subdivision 1e, is amended to read: 
           Subd. 1e.  [FELONY; DRIVE-BY SHOOTING.] (a) Whoever, while 
        in or having just exited from a motor vehicle, recklessly 
        discharges a firearm at or toward a person, another motor 
        vehicle, or a building is guilty of a felony and may be 
        sentenced to imprisonment for not more than three years or to 
        payment of a fine of not more than $6,000, or both.  If the 
        vehicle or building is occupied, the person may be sentenced to 
        imprisonment for not more than five years or to payment of a 
        fine of not more than $10,000, or both. 
           (b) Any person who violates this subdivision by firing at 
        or toward a person, or an occupied building or motor vehicle, 
        may be sentenced to imprisonment for not more than ten years or 
        to payment of a fine of not more than $20,000, or both. 
           (c) For purposes of this subdivision, "motor vehicle" has 
        the meaning given in section 609.52, subdivision 1, and 
        "building" has the meaning given in section 609.581, subdivision 
        2. 
           Sec. 23.  Minnesota Statutes 1997 Supplement, section 
        609.749, subdivision 2, is amended to read: 
           Subd. 2.  [HARASSMENT AND STALKING CRIMES.] (a) A person 
        who harasses another by committing any of the following acts is 
        guilty of a gross misdemeanor: 
           (1) directly or indirectly manifests a purpose or intent to 
        injure the person, property, or rights of another by the 
        commission of an unlawful act; 
           (2) stalks, follows, or pursues another; 
           (3) returns to the property of another if the actor is 
        without claim of right to the property or consent of one with 
        authority to consent; 
           (4) repeatedly makes telephone calls, or induces a victim 
        to make telephone calls to the actor, whether or not 
        conversation ensues; 
           (5) makes or causes the telephone of another repeatedly or 
        continuously to ring; 
           (6) repeatedly mails or delivers or causes the delivery of 
        letters, telegrams, messages, packages, or other objects; or 
           (7) engages in any other harassing conduct that interferes 
        with another person or intrudes on the person's privacy or 
        liberty knowingly makes false allegations against a peace 
        officer concerning the officer's performance of official duties 
        with intent to influence or tamper with the officer's 
        performance of official duties. 
           (b) The conduct described in paragraph (a), clauses (4) and 
        (5), may be prosecuted at the place where any call is either 
        made or received.  The conduct described in paragraph (a), 
        clause (6), may be prosecuted where any letter, telegram, 
        message, package, or other object is either sent or received. 
           (c) A peace officer may not make a warrantless, custodial 
        arrest of any person for a violation of paragraph (a), clause 
        (7). 
           Sec. 24.  Minnesota Statutes 1996, section 609.749, 
        subdivision 3, is amended to read: 
           Subd. 3.  [AGGRAVATED VIOLATIONS.] A person who commits any 
        of the following acts is guilty of a felony: 
           (1) commits any offense described in subdivision 2 because 
        of the victim's or another's actual or perceived race, color, 
        religion, sex, sexual orientation, disability as defined in 
        section 363.01, age, or national origin; 
           (2) commits any offense described in subdivision 2 by 
        falsely impersonating another; 
           (3) commits any offense described in subdivision 2 and 
        possesses a dangerous weapon at the time of the offense; 
           (4) commits a violation of engages in harassing conduct, as 
        defined in subdivision 1, with intent to influence or otherwise 
        tamper with a juror or a judicial proceeding or with intent to 
        retaliate against a judicial officer, as defined in section 
        609.415, or a prosecutor, defense attorney, or officer of the 
        court, because of that person's performance of official duties 
        in connection with a judicial proceeding; or 
           (5) commits any offense described in subdivision 2 against 
        a victim under the age of 18, if the actor is more than 36 
        months older than the victim. 
           Sec. 25.  [611A.775] [RESTORATIVE JUSTICE PROGRAMS.] 
           A community-based organization, in collaboration with a 
        local governmental unit, may establish a restorative justice 
        program.  A restorative justice program is a program that 
        provides forums where certain individuals charged with or 
        petitioned for having committed an offense meet with the victim, 
        if appropriate; the victim's family members or other supportive 
        persons, if appropriate; the offender's family members or other 
        supportive persons, if appropriate; a law enforcement official 
        or prosecutor when appropriate; other criminal justice system 
        professionals when appropriate; and members of the community, in 
        order to: 
           (1) discuss the impact of the offense on the victim and the 
        community; 
           (2) provide support to the victim and methods for 
        reintegrating the victim into community life; 
           (3) assign an appropriate sanction to the offender; and 
           (4) provide methods for reintegrating the offender into 
        community life. 
           Sec. 26.  Minnesota Statutes 1997 Supplement, section 
        631.52, subdivision 2, is amended to read: 
           Subd. 2.  [APPLICATION.] Subdivision 1 applies to the 
        following crimes or similar crimes under the laws of the United 
        States or any other state:  
           (1) murder in the first, second, or third degree under 
        section 609.185, 609.19, or 609.195; 
           (2) manslaughter in the first degree under section 609.20; 
           (3) assault in the first, second, or third degree under 
        section 609.221, 609.222, or 609.223; 
           (4) kidnapping under section 609.25; 
           (5) depriving another of custodial or parental rights under 
        section 609.26; 
           (6) soliciting, inducing, or promoting, or receiving profit 
        derived from prostitution involving a minor under section 
        609.322; 
           (7) receiving profit from prostitution involving a minor 
        under section 609.323; 
           (8) criminal sexual conduct in the first degree under 
        section 609.342; 
           (9) (8) criminal sexual conduct in the second degree under 
        section 609.343; 
           (10) (9) criminal sexual conduct in the third degree under 
        section 609.344, subdivision 1, paragraph (c), (f), or (g); 
           (11) (10) solicitation of a child to engage in sexual 
        conduct under section 609.352; 
           (12) (11) incest under section 609.365; 
           (13) (12) malicious punishment of a child under section 
        609.377; 
           (14) (13) neglect of a child under section 609.378; 
           (15) (14) terroristic threats under section 609.713; or 
           (16) (15) felony harassment or stalking under section 
        609.749. 
           Sec. 27.  Laws 1997, chapter 239, article 3, section 26, is 
        amended to read: 
           Sec. 26.  [EFFECTIVE DATE.] 
           Sections 1 to 20, and 25 are effective August 1, 1997, and 
        apply to crimes committed on or after that date.  Sections 21 to 
        23 are effective August 1, 1997, and apply to proceedings 
        conducted on or after that date, even if the crime was committed 
        before that date.  Section 24 is effective July 1, 1997. 
           Sec. 28.  [AMENDMENT TO SENTENCING GUIDELINES.] 
           Pursuant to Laws 1997, chapter 96, section 11, the proposed 
        comment contained on page 19 of the January 1998 Minnesota 
        sentencing guidelines commission's report to the legislature 
        shall take effect on August 1, 1998. 
           Sec. 29.  [CRIME REPORTS BY MINNEAPOLIS, HENNEPIN COUNTY, 
        AND THE HENNEPIN COUNTY DISTRICT COURT REQUIRED.] 
           Subdivision 1.  [DEFINITIONS.] As used in this section, the 
        following terms have the meanings given: 
           (1) "crime" refers to any misdemeanor, gross misdemeanor, 
        enhanced gross misdemeanor, or felony offense; 
           (2) "neighborhood" means: 
           (i) a neighborhood as defined for the purposes of the 
        neighborhood revitalization program under section 469.1831, if 
        applicable; or 
           (ii) a planning district as identified and mapped for city 
        district planning purposes; 
           (3) "reporting period" means the period from July 1, 1998, 
        to December 31, 1998; 
           (4) "types of cases" refers to a categorization of persons 
        arrested or cited for, charged with, or prosecuted for any crime 
        including, but not limited to, the following: murder, criminal 
        sexual conduct, robbery, aggravated assault, burglary, 
        larceny-theft, motor vehicle theft, arson, domestic assault, 
        other assaults, prostitution, narcotic controlled substance law 
        violations, vandalism, other property violations, weapons 
        offenses, disorderly conduct, and DWI, provided that a person 
        being arrested for multiple offenses must be categorized by the 
        most serious offense; and 
           (5) "types of crime" refers to a categorization of crimes 
        into the eight part I offense categories and twenty part II 
        offense categories listed in the uniform crime report published 
        annually by the federal bureau of investigation. 
           Subd. 2.  [INFORMATION REQUIRED.] (a) Minneapolis shall 
        collect and maintain the following information on crimes and 
        criminal cases occurring within the city: 
           (1) the number and types of crimes reported to local law 
        enforcement agencies; 
           (2) the number of individuals arrested for crimes by local 
        law enforcement agencies; 
           (3) the number of tab charges and citations issued for 
        crimes by local law enforcement agencies; 
           (4) the number and types of crimes cleared by arrest, 
        citation or tab charge; 
           (5) the number and types of cases that are referred to the 
        city attorney for review or prosecution; 
           (6) the number and types of cases that result in the 
        issuance of a criminal complaint by the city attorney; and 
           (7) the number and types of cases that the city attorney: 
        (i) dropped, declined, or denied; or (ii) diverted pretrial. 
           The city attorney shall also note the full-time equivalent 
        number of attorneys, and the number of cases, by assignment area 
        for the reporting period. 
           (b) Hennepin county shall collect and maintain the 
        following information for criminal cases relating to crimes 
        occurring within Minneapolis: 
           (1) the number and types of cases that are referred to the 
        county attorney for review or prosecution; 
           (2) the number and types of cases that result in the 
        issuance of a complaint or indictment; and 
           (3) the number and types of cases that the county attorney: 
        (i) dropped, declined, or denied; or (ii) diverted pretrial in 
        accordance with Minnesota Statutes, section 401.065 or 388.24; 
           The county also shall determine the date by which it came, 
        or expects to come, into compliance with Minnesota Statutes, 
        section 299C.115, regarding warrant information to be provided 
        electronically statewide. 
           (c) The Hennepin county district court shall collect and 
        maintain for cases occurring within Minneapolis: 
           (1) the disposition of cases filed with the court, 
        including the number and types of cases resulting in dismissal, 
        continuance for dismissal, pretrial diversion, guilty plea, 
        finding of guilt following trial, stay of adjudication or 
        imposition, or verdict of acquittal; and 
           (2) the number and types of cases that are referred to the 
        violations bureau. 
           (d) Minneapolis, Hennepin county, and the Hennepin county 
        district court shall jointly determine: 
           (i) the date by which they had, or plan to have, an 
        integrated criminal justice information system capable of 
        regular and full public reporting on the occurrence and handling 
        of crime and criminal cases; and 
           (ii) the actual or projected cost of such a system. 
           Subd. 3.  [REPORTS.] Minneapolis, Hennepin county, and the 
        Hennepin county district court shall publish by February 1, 1999 
        a report describing the information required to be collected 
        under subdivision 2 for the reporting period.  If practicable, 
        the information reported must be stratified by neighborhood 
        within Minneapolis.  The report must be submitted to the chairs 
        and ranking minority members of the house and senate committees 
        and divisions having jurisdiction over criminal justice policy 
        and funding. 
           Sec. 30.  [STUDY OF CERTAIN PROSTITUTION CASES.] 
           Subdivision 1.  [DEFINITION.] As used in this section, 
        "prostitution crime" means a violation of Minnesota Statutes, 
        section 609.324. 
           Subd. 2.  [COLLECTION OF INFORMATION.] The offices of the 
        Hennepin and Ramsey county attorneys and sheriffs and the 
        offices of the Minneapolis and St. Paul city attorneys and 
        police departments shall collect information on the 
        investigation and prosecution of prostitution crimes committed 
        within their respective jurisdictions during calendar year 
        1997.  The information collected shall include data on the 
        neighborhood where the offense allegedly was committed and the 
        city where the perpetrator resides; the number of police calls 
        or complaints concerning prostitution crimes; the number of 
        arrests made or citations issued for prostitution crimes; the 
        age, race, and gender of the individuals arrested; the types of 
        charges filed in these cases, if any; when the charge is a 
        violation of Minnesota Statutes, section 609.324; whether the 
        person charged was acting as a patron or prostitute; and the 
        disposition of the cases in which prosecutions were initiated, 
        including the amount of any fine or penalty assessment imposed 
        and whether the offender participated in any restorative justice 
        or alternative sentencing measure. 
           Subd. 3.  [LEGISLATIVE REPORT.] The prosecuting authorities 
        specified in subdivision 2 shall cooperate in compiling a report 
        containing the information required to be collected under 
        subdivision 2 and shall submit the report by December 15, 1998, 
        to the chairs of the senate crime prevention committee and the 
        house judiciary committee. 
           Sec. 31.  [PENALTY ASSESSMENTS FOR PROSTITUTION CRIMES; 
        REPORT.] 
           (a) On or before December 15, 1998, the commissioner of 
        corrections shall submit a report to the chairs of the senate 
        crime prevention committee and the house judiciary committee 
        concerning the use of money appropriated to the commissioner 
        from the penalty assessment authorized by Minnesota Statutes, 
        section 609.3241.  The report shall provide information on the 
        amount of money appropriated to the commissioner from this 
        source since fiscal year 1995, and the ways in which the money 
        has been used to assist individuals who have stopped or wished 
        to stop engaging in prostitution. 
           (b) On or before December 15, 1998, the supreme court is 
        requested to report to the chairs of the senate crime prevention 
        committee and the house judiciary committee concerning the use 
        of money collected since fiscal year 1995 from penalty 
        assessments under Minnesota Statutes, section 609.3241, and used 
        for the purposes described in Minnesota Statutes, section 
        626.558, subdivision 2. 
           Sec. 32.  [REVISOR'S INSTRUCTION.] 
           The revisor shall delete all cross-references to Minnesota 
        Statutes, section 609.323, wherever they appear in the next 
        edition of Minnesota Statutes. 
           Sec. 33.  [REPEALER.] 
           Minnesota Statutes 1996, sections 609.321, subdivisions 3 
        and 6; 609.322, subdivisions 2 and 3; 609.323; and 609.563, 
        subdivision 2, are repealed. 
           Sec. 34.  [EFFECTIVE DATE.] 
           Sections 4 and 22 are effective January 1, 1999, and apply 
        to crimes committed on or after that date.  Section 9 is 
        effective June 1, 1998, and applies to crimes committed on or 
        after that date.  Section 27 is effective the day following 
        final enactment.  Section 29 applies to the city of Minneapolis 
        upon its acceptance by the Minneapolis city council pursuant to 
        Minnesota Statutes, section 645.021, and applies to Hennepin 
        county upon its acceptance by the Hennepin county board pursuant 
        to Minnesota Statutes, section 645.021.  Sections 1 to 3, 5 to 
        8, 10 to 24, 26, 32, and 33 are effective August 1, 1998, and 
        apply to crimes committed on or after that date. 
                                   ARTICLE 3 
                                 SEX OFFENDERS 
           Section 1.  Minnesota Statutes 1996, section 243.166, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [REGISTRATION REQUIRED.] (a) A person shall 
        register under this section if:  
           (1) the person was charged with or petitioned for a felony 
        violation of or attempt to violate any of the following, and 
        convicted of or adjudicated delinquent for that offense or 
        another offense arising out of the same set of circumstances: 
           (i) murder under section 609.185, clause (2); or 
           (ii) kidnapping under section 609.25, involving a minor 
        victim; or 
           (iii) criminal sexual conduct under section 609.342; 
        609.343; 609.344; or 609.345; or 609.3451, subdivision 3; or 
           (iv) indecent exposure under section 617.23, subdivision 3; 
        or 
           (2) the person was charged with or petitioned for falsely 
        imprisoning a minor in violation of section 609.255, subdivision 
        2; soliciting a minor to engage in prostitution in violation of 
        section 609.322 or 609.324; soliciting a minor to engage in 
        sexual conduct in violation of section 609.352; using a minor in 
        a sexual performance in violation of section 617.246,; or 
        possessing pictorial representations of minors in violation of 
        section 617.247, and convicted of or adjudicated delinquent for 
        that offense or another offense arising out of the same set of 
        circumstances; or 
           (3) the person was convicted of a predatory crime as 
        defined in section 609.1352, and the offender was sentenced as a 
        patterned sex offender or the court found on its own motion or 
        that of the prosecutor that the crime was part of a predatory 
        pattern of behavior that had criminal sexual conduct as its 
        goal; or 
           (4) the person was convicted of or adjudicated delinquent 
        for violating a law of the United States similar to the offenses 
        described in clause (1), (2), or (3). 
           (b) A person also shall register under this section if: 
           (1) the person was convicted of or adjudicated delinquent 
        in another state for an offense that would be a violation of a 
        law described in paragraph (a) if committed in this state; 
           (2) the person enters and remains in this state for 30 days 
        or longer the state as required in subdivision 3, paragraph (b); 
        and 
           (3) ten years have not elapsed since the person was 
        released from confinement or, if the person was not confined, 
        since the person was convicted of or adjudicated delinquent for 
        the offense that triggers registration.  
           (c) A person also shall register under this section if the 
        person was committed pursuant to a court commitment order under 
        section 253B.185 or Minnesota Statutes 1992, section 526.10, 
        regardless of whether the person was convicted of any offense. 
           Sec. 2.  Minnesota Statutes 1997 Supplement, section 
        243.166, subdivision 4, is amended to read: 
           Subd. 4.  [CONTENTS OF REGISTRATION.] (a) The registration 
        provided to the corrections agent or law enforcement authority, 
        must consist of a statement in writing signed by the person, 
        giving information required by the bureau of criminal 
        apprehension, a fingerprint card, and photograph of the person 
        taken at the time of the person's release from incarceration or, 
        if the person was not incarcerated, at the time the person 
        initially registered under this section.  Registration 
        information on adults and juveniles may be maintained together 
        notwithstanding section 260.161, subdivision 3.  
           (b) Within three days, the corrections agent or law 
        enforcement authority shall forward the statement, fingerprint 
        card, and photograph to the bureau of criminal apprehension.  
        The bureau shall ascertain whether the person has registered 
        with the law enforcement authority where the person resides.  If 
        the person has not registered with the law enforcement 
        authority, the bureau shall send one copy to that authority.  
           (c) During the period a person is required to register 
        under this section, the following shall apply: 
           (1) Each year, within 30 days of the anniversary date of 
        the person's initial registration, the bureau of criminal 
        apprehension shall mail a verification form to the last reported 
        address of the person. 
           (2) The person shall mail the signed verification form back 
        to the bureau of criminal apprehension within ten days after 
        receipt of the form, stating on the form the current and last 
        address of the person. 
           (3) If the person fails to mail the completed and signed 
        verification form to the bureau of criminal apprehension within 
        ten days after receipt of the form, the person shall be in 
        violation of this section. 
           Sec. 3.  Minnesota Statutes 1996, section 243.166, 
        subdivision 5, is amended to read: 
           Subd. 5.  [CRIMINAL PENALTY.] A person required to register 
        under this section who knowingly violates any of its provisions 
        or intentionally provides false information to a corrections 
        agent, law enforcement authority, or the bureau of criminal 
        apprehension is guilty of a gross misdemeanor.  A person 
        convicted of or adjudicated delinquent for violating this 
        section who previously has been convicted under this section is 
        guilty of a felony.  A violation of this section may be 
        prosecuted either where the person resides or where the person 
        was last assigned to a Minnesota corrections agent. 
           Sec. 4.  Minnesota Statutes 1996, section 244.05, 
        subdivision 7, is amended to read: 
           Subd. 7.  [SEX OFFENDERS; CIVIL COMMITMENT DETERMINATION.] 
        Before the commissioner releases from prison any inmate 
        convicted under sections 609.342 to 609.345 or sentenced as a 
        patterned offender under section 609.1352, and determined by the 
        commissioner to be in a high risk category, the commissioner 
        shall make a preliminary determination whether, in the 
        commissioner's opinion, a petition under section 253B.185 may be 
        appropriate.  If the commissioner determines that a petition may 
        be appropriate, the commissioner shall forward this 
        determination, along with a summary of the reasons for the 
        determination, to the county attorney in the county where the 
        inmate was convicted no later than six 12 months before the 
        inmate's release date.  If the inmate is received for 
        incarceration with fewer than 12 months remaining in the 
        inmate's term of imprisonment, or if the commissioner receives 
        additional information less than 12 months before release which 
        makes the inmate's case appropriate for referral, the 
        commissioner shall forward the determination as soon as is 
        practicable.  Upon receiving the commissioner's preliminary 
        determination, the county attorney shall proceed in the manner 
        provided in section 253B.185.  The commissioner shall release to 
        the county attorney all requested documentation maintained by 
        the department. 
           Sec. 5.  Minnesota Statutes 1996, section 609.341, 
        subdivision 11, is amended to read: 
           Subd. 11.  (a) "Sexual contact," for the purposes of 
        sections 609.343, subdivision 1, clauses (a) to (f), and 
        609.345, subdivision 1, clauses (a) to (e), and (h) to (l), 
        includes any of the following acts committed without the 
        complainant's consent, except in those cases where consent is 
        not a defense, and committed with sexual or aggressive intent: 
           (i) the intentional touching by the actor of the 
        complainant's intimate parts, or 
           (ii) the touching by the complainant of the actor's, the 
        complainant's, or another's intimate parts effected by a person 
        in a position of authority, or by coercion or the use of a 
        position of authority, or by inducement if the complainant is 
        under 13 years of age or mentally impaired, or 
           (iii) the touching by another of the complainant's intimate 
        parts effected by coercion or the use of a position of authority 
        or by a person in a position of authority, or 
           (iv) in any of the cases above, the touching of the 
        clothing covering the immediate area of the intimate parts. 
           (b) "Sexual contact," for the purposes of sections 609.343, 
        subdivision 1, clauses (g) and (h), and 609.345, subdivision 1, 
        clauses (f) and (g), includes any of the following acts 
        committed with sexual or aggressive intent: 
           (i) the intentional touching by the actor of the 
        complainant's intimate parts; 
           (ii) the touching by the complainant of the actor's, the 
        complainant's, or another's intimate parts; 
           (iii) the touching by another of the complainant's intimate 
        parts; or 
           (iv) in any of the cases listed above, touching of the 
        clothing covering the immediate area of the intimate parts. 
           (c) "Sexual contact with a person under 13" means the 
        intentional touching of the complainant's bare genitals or anal 
        opening by the actor's bare genitals or anal opening with sexual 
        or aggressive intent or the touching by the complainant's bare 
        genitals or anal opening of the actor's or another's bare 
        genitals or anal opening with sexual or aggressive intent. 
           Sec. 6.  Minnesota Statutes 1996, section 609.341, 
        subdivision 12, is amended to read: 
           Subd. 12.  "Sexual penetration" means any of the following 
        acts committed without the complainant's consent, except in 
        those cases where consent is not a defense, whether or not 
        emission of semen occurs: 
           (1) sexual intercourse, cunnilingus, fellatio, or anal 
        intercourse; or 
           (2) any intrusion however slight into the genital or anal 
        openings: 
           (i) of the complainant's body by any part of the actor's 
        body or any object used by the actor for this purpose; 
           (ii) of the complainant's body by any part of the body of 
        the complainant, by any part of the body of another person, or 
        by any object used by the complainant or another person for this 
        purpose, when effected by a person in a position of authority, 
        or by coercion or the use of a position of authority, or by 
        inducement if the child is under 13 years of age or mentally 
        impaired; or 
           (iii) of the body of the actor or another person by any 
        part of the body of the complainant or by any object used by the 
        complainant for this purpose, when effected by a person in a 
        position of authority, or by coercion or the use of a position 
        of authority, or by inducement if the child is under 13 years of 
        age or mentally impaired. 
           Sec. 7.  Minnesota Statutes 1996, section 609.342, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CRIME DEFINED.] A person who engages in 
        sexual penetration with another person, or in sexual contact 
        with a person under 13 years of age as defined in section 
        609.341, subdivision 11, paragraph (c), is guilty of criminal 
        sexual conduct in the first degree if any of the following 
        circumstances exists: 
           (a) the complainant is under 13 years of age and the actor 
        is more than 36 months older than the complainant.  Neither 
        mistake as to the complainant's age nor consent to the act by 
        the complainant is a defense; 
           (b) the complainant is at least 13 years of age but less 
        than 16 years of age and the actor is more than 48 months older 
        than the complainant and in a position of authority over the 
        complainant, and uses this authority to cause the complainant to 
        submit.  Neither mistake as to the complainant's age nor consent 
        to the act by the complainant is a defense; 
           (c) circumstances existing at the time of the act cause the 
        complainant to have a reasonable fear of imminent great bodily 
        harm to the complainant or another; 
           (d) the actor is armed with a dangerous weapon or any 
        article used or fashioned in a manner to lead the complainant to 
        reasonably believe it to be a dangerous weapon and uses or 
        threatens to use the weapon or article to cause the complainant 
        to submit; 
           (e) the actor causes personal injury to the complainant, 
        and either of the following circumstances exist: 
           (i) the actor uses force or coercion to accomplish sexual 
        penetration; or 
           (ii) the actor knows or has reason to know that the 
        complainant is mentally impaired, mentally incapacitated, or 
        physically helpless; 
           (f) the actor is aided or abetted by one or more 
        accomplices within the meaning of section 609.05, and either of 
        the following circumstances exists: 
           (i) an accomplice uses force or coercion to cause the 
        complainant to submit; or 
           (ii) an accomplice is armed with a dangerous weapon or any 
        article used or fashioned in a manner to lead the complainant 
        reasonably to believe it to be a dangerous weapon and uses or 
        threatens to use the weapon or article to cause the complainant 
        to submit; 
           (g) the actor has a significant relationship to the 
        complainant and the complainant was under 16 years of age at the 
        time of the sexual penetration.  Neither mistake as to the 
        complainant's age nor consent to the act by the complainant is a 
        defense; or 
           (h) the actor has a significant relationship to the 
        complainant, the complainant was under 16 years of age at the 
        time of the sexual penetration, and: 
           (i) the actor or an accomplice used force or coercion to 
        accomplish the penetration; 
           (ii) the complainant suffered personal injury; or 
           (iii) the sexual abuse involved multiple acts committed 
        over an extended period of time. 
           Neither mistake as to the complainant's age nor consent to 
        the act by the complainant is a defense. 
           Sec. 8.  Minnesota Statutes 1996, section 609.343, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CRIME DEFINED.] A person who engages in 
        sexual contact with another person is guilty of criminal sexual 
        conduct in the second degree if any of the following 
        circumstances exists: 
           (a) the complainant is under 13 years of age and the actor 
        is more than 36 months older than the complainant.  Neither 
        mistake as to the complainant's age nor consent to the act by 
        the complainant is a defense.  In a prosecution under this 
        clause, the state is not required to prove that the sexual 
        contact was coerced; 
           (b) the complainant is at least 13 but less than 16 years 
        of age and the actor is more than 48 months older than the 
        complainant and in a position of authority over the complainant, 
        and uses this authority to cause the complainant to submit.  
        Neither mistake as to the complainant's age nor consent to the 
        act by the complainant is a defense; 
           (c) circumstances existing at the time of the act cause the 
        complainant to have a reasonable fear of imminent great bodily 
        harm to the complainant or another; 
           (d) the actor is armed with a dangerous weapon or any 
        article used or fashioned in a manner to lead the complainant to 
        reasonably believe it to be a dangerous weapon and uses or 
        threatens to use the dangerous weapon to cause the complainant 
        to submit; 
           (e) the actor causes personal injury to the complainant, 
        and either of the following circumstances exist: 
           (i) the actor uses force or coercion to accomplish the 
        sexual contact; or 
           (ii) the actor knows or has reason to know that the 
        complainant is mentally impaired, mentally incapacitated, or 
        physically helpless; 
           (f) the actor is aided or abetted by one or more 
        accomplices within the meaning of section 609.05, and either of 
        the following circumstances exists: 
           (i) an accomplice uses force or coercion to cause the 
        complainant to submit; or 
           (ii) an accomplice is armed with a dangerous weapon or any 
        article used or fashioned in a manner to lead the complainant to 
        reasonably believe it to be a dangerous weapon and uses or 
        threatens to use the weapon or article to cause the complainant 
        to submit; 
           (g) the actor has a significant relationship to the 
        complainant and the complainant was under 16 years of age at the 
        time of the sexual contact.  Neither mistake as to the 
        complainant's age nor consent to the act by the complainant is a 
        defense; or 
           (h) the actor has a significant relationship to the 
        complainant, the complainant was under 16 years of age at the 
        time of the sexual contact, and: 
           (i) the actor or an accomplice used force or coercion to 
        accomplish the contact; 
           (ii) the complainant suffered personal injury; or 
           (iii) the sexual abuse involved multiple acts committed 
        over an extended period of time. 
           Neither mistake as to the complainant's age nor consent to 
        the act by the complainant is a defense. 
           Sec. 9.  Minnesota Statutes 1996, section 609.344, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CRIME DEFINED.] A person who engages in 
        sexual penetration with another person is guilty of criminal 
        sexual conduct in the third degree if any of the following 
        circumstances exists:  
           (a) the complainant is under 13 years of age and the actor 
        is no more than 36 months older than the complainant.  Neither 
        mistake as to the complainant's age nor consent to the act by 
        the complainant shall be a defense; 
           (b) the complainant is at least 13 but less than 16 years 
        of age and the actor is more than 24 months older than the 
        complainant.  In any such case it shall be an affirmative 
        defense, which must be proved by a preponderance of the 
        evidence, that the actor believes the complainant to be 16 years 
        of age or older.  If the actor in such a case is no more than 48 
        months but more than 24 months older than the complainant, the 
        actor may be sentenced to imprisonment for not more than five 
        years.  Consent by the complainant is not a defense; 
           (c) the actor uses force or coercion to accomplish the 
        penetration; 
           (d) the actor knows or has reason to know that the 
        complainant is mentally impaired, mentally incapacitated, or 
        physically helpless; 
           (e) the complainant is at least 16 but less than 18 years 
        of age and the actor is more than 48 months older than the 
        complainant and in a position of authority over the complainant, 
        and uses this authority to cause or induce the complainant to 
        submit.  Neither mistake as to the complainant's age nor consent 
        to the act by the complainant is a defense; 
           (f) the actor has a significant relationship to the 
        complainant and the complainant was at least 16 but under 18 
        years of age at the time of the sexual penetration.  Neither 
        mistake as to the complainant's age nor consent to the act by 
        the complainant is a defense; 
           (g) the actor has a significant relationship to the 
        complainant, the complainant was at least 16 but under 18 years 
        of age at the time of the sexual penetration, and: 
           (i) the actor or an accomplice used force or coercion to 
        accomplish the penetration; 
           (ii) the complainant suffered personal injury; or 
           (iii) the sexual abuse involved multiple acts committed 
        over an extended period of time.  
           Neither mistake as to the complainant's age nor consent to 
        the act by the complainant is a defense; 
           (h) the actor is a psychotherapist and the complainant is a 
        patient of the psychotherapist and the sexual penetration 
        occurred: 
           (i) during the psychotherapy session; or 
           (ii) outside the psychotherapy session if an ongoing 
        psychotherapist-patient relationship exists.  
           Consent by the complainant is not a defense; 
           (i) the actor is a psychotherapist and the complainant is a 
        former patient of the psychotherapist and the former patient is 
        emotionally dependent upon the psychotherapist; 
           (j) the actor is a psychotherapist and the complainant is a 
        patient or former patient and the sexual penetration occurred by 
        means of therapeutic deception.  Consent by the complainant is 
        not a defense; 
           (k) the actor accomplishes the sexual penetration by means 
        of deception or false representation that the penetration is for 
        a bona fide medical purpose.  Consent by the complainant is not 
        a defense; or 
           (1) the actor is or purports to be a member of the clergy, 
        the complainant is not married to the actor, and: 
           (i) the sexual penetration occurred during the course of a 
        meeting in which the complainant sought or received religious or 
        spiritual advice, aid, or comfort from the actor in private; or 
           (ii) the sexual penetration occurred during a period of 
        time in which the complainant was meeting on an ongoing basis 
        with the actor to seek or receive religious or spiritual advice, 
        aid, or comfort in private. 
           Consent by the complainant is not a defense.  
           Sec. 10.  Minnesota Statutes 1996, section 609.345, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CRIME DEFINED.] A person who engages in 
        sexual contact with another person is guilty of criminal sexual 
        conduct in the fourth degree if any of the following 
        circumstances exists: 
           (a) the complainant is under 13 years of age and the actor 
        is no more than 36 months older than the complainant.  Neither 
        mistake as to the complainant's age or consent to the act by the 
        complainant is a defense.  In a prosecution under this clause, 
        the state is not required to prove that the sexual contact was 
        coerced; 
           (b) the complainant is at least 13 but less than 16 years 
        of age and the actor is more than 48 months older than the 
        complainant or in a position of authority over the complainant 
        and uses this authority to cause the complainant to submit.  
        Consent by the complainant to the act is not a defense.  In any 
        such case, it shall be an affirmative defense which must be 
        proved by a preponderance of the evidence that the actor 
        believes the complainant to be 16 years of age or older; 
           (c) the actor uses force or coercion to accomplish the 
        sexual contact; 
           (d) the actor knows or has reason to know that the 
        complainant is mentally impaired, mentally incapacitated, or 
        physically helpless; 
           (e) the complainant is at least 16 but less than 18 years 
        of age and the actor is more than 48 months older than the 
        complainant and in a position of authority over the complainant, 
        and uses this authority to cause or induce the complainant to 
        submit.  Neither mistake as to the complainant's age nor consent 
        to the act by the complainant is a defense; 
           (f) the actor has a significant relationship to the 
        complainant and the complainant was at least 16 but under 18 
        years of age at the time of the sexual contact.  Neither mistake 
        as to the complainant's age nor consent to the act by the 
        complainant is a defense; 
           (g) the actor has a significant relationship to the 
        complainant, the complainant was at least 16 but under 18 years 
        of age at the time of the sexual contact, and: 
           (i) the actor or an accomplice used force or coercion to 
        accomplish the contact; 
           (ii) the complainant suffered personal injury; or 
           (iii) the sexual abuse involved multiple acts committed 
        over an extended period of time.  
           Neither mistake as to the complainant's age nor consent to 
        the act by the complainant is a defense; 
           (h) the actor is a psychotherapist and the complainant is a 
        patient of the psychotherapist and the sexual contact occurred: 
           (i) during the psychotherapy session; or 
           (ii) outside the psychotherapy session if an ongoing 
        psychotherapist-patient relationship exists. 
           Consent by the complainant is not a defense; 
           (i) the actor is a psychotherapist and the complainant is a 
        former patient of the psychotherapist and the former patient is 
        emotionally dependent upon the psychotherapist; 
           (j) the actor is a psychotherapist and the complainant is a 
        patient or former patient and the sexual contact occurred by 
        means of therapeutic deception.  Consent by the complainant is 
        not a defense; 
           (k) the actor accomplishes the sexual contact by means of 
        deception or false representation that the contact is for a bona 
        fide medical purpose.  Consent by the complainant is not a 
        defense; or 
           (1) the actor is or purports to be a member of the clergy, 
        the complainant is not married to the actor, and: 
           (i) the sexual contact occurred during the course of a 
        meeting in which the complainant sought or received religious or 
        spiritual advice, aid, or comfort from the actor in private; or 
           (ii) the sexual contact occurred during a period of time in 
        which the complainant was meeting on an ongoing basis with the 
        actor to seek or receive religious or spiritual advice, aid, or 
        comfort in private. 
           Consent by the complainant is not a defense.  
           Sec. 11.  Minnesota Statutes 1996, section 609.3451, 
        subdivision 3, is amended to read: 
           Subd. 3.  [FELONY.] A person is guilty of a felony and may 
        be sentenced to imprisonment for not more than five years or to 
        payment of a fine of not more than $10,000, or both, if the 
        person violates subdivision 1, clause (2), after having been 
        previously convicted of or adjudicated delinquent for violating 
        subdivision 1, clause (2); section 617.23, paragraph 
        (b) subdivision 2, clause (1); or a statute from another state 
        in conformity with subdivision 1, clause (2), or section 617.23, 
        paragraph (b) subdivision 2, clause (1). 
           Sec. 12.  Minnesota Statutes 1996, section 609.3461, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [UPON SENTENCING.] The court shall order an 
        offender to provide a biological specimen for the purpose of DNA 
        analysis as defined in section 299C.155 when: 
           (1) the court sentences a person charged with violating or 
        attempting to violate section 609.185, clause (2), 609.342, 
        609.343, 609.344, or 609.345, or 617.23, subdivision 3, clause 
        (2), who is convicted of violating one of those sections or of 
        any offense arising out of the same set of circumstances; 
           (2) the court sentences a person as a patterned sex 
        offender under section 609.1352; or 
           (3) the juvenile court adjudicates a person a delinquent 
        child who is the subject of a delinquency petition for violating 
        or attempting to violate section 609.185, clause (2), 609.342, 
        609.343, 609.344, or 609.345, or 617.23, subdivision 3, clause 
        (2), and the delinquency adjudication is based on a violation of 
        one of those sections or of any offense arising out of the same 
        set of circumstances.  The biological specimen or the results of 
        the analysis shall be maintained by the bureau of criminal 
        apprehension as provided in section 299C.155.  
           Sec. 13.  Minnesota Statutes 1996, section 609.3461, 
        subdivision 2, is amended to read: 
           Subd. 2.  [BEFORE RELEASE.] If a person convicted of 
        violating or attempting to violate section 609.185, clause (2), 
        609.342, 609.343, 609.344, or 609.345, or 617.23, subdivision 3, 
        clause (2), or initially charged with violating one of those 
        sections and convicted of another offense arising out of the 
        same set of circumstances, or sentenced as a patterned sex 
        offender under section 609.1352, and committed to the custody of 
        the commissioner of corrections, or serving a term of 
        imprisonment in this state under a reciprocal agreement although 
        convicted in another state of an offense described in this 
        subdivision or a similar law of the United States or any other 
        state, has not provided a biological specimen for the purpose of 
        DNA analysis, the commissioner of corrections or local 
        corrections authority shall order the person to provide a 
        biological specimen for the purpose of DNA analysis before 
        completion of the person's term of imprisonment.  The 
        commissioner of corrections or local corrections authority shall 
        forward the sample to the bureau of criminal apprehension. 
           Sec. 14.  Minnesota Statutes 1996, section 617.23, is 
        amended to read: 
           617.23 [INDECENT EXPOSURE; PENALTIES.] 
           (a) Subdivision 1.  [MISDEMEANOR.] A person is guilty of a 
        misdemeanor who commits any of the following acts in any public 
        place, or in any place where others are present, is guilty of a 
        misdemeanor:  
           (1) willfully and lewdly exposes the person's body, or the 
        private parts thereof; 
           (2) procures another to expose private parts; or 
           (3) engages in any open or gross lewdness or lascivious 
        behavior, or any public indecency other than behavior specified 
        in clause (1) or (2) or this clause subdivision. 
           (b) Subd. 2.  [GROSS MISDEMEANOR.] A person who commits any 
        of the following acts is guilty of a gross misdemeanor if: 
           (1) the person violates this section subdivision 1 in the 
        presence of a minor under the age of 16; or 
           (2) the person violates this section subdivision 1 after 
        having been previously convicted of violating this section 
        subdivision 1, sections 609.342 to 609.3451, or a statute from 
        another state in conformity with any of those sections. 
           (c) Subd. 3.  [FELONY.] A person is guilty of a felony and 
        may be sentenced to imprisonment for not more than five years or 
        to payment of a fine of not more than $10,000, or both, if: 
           (1) the person violates paragraph (b) subdivision 2, clause 
        (1), after having been previously convicted of or adjudicated 
        delinquent for violating paragraph (b) subdivision 2, clause 
        (1); section 609.3451, subdivision 1, clause (2); or a statute 
        from another state in conformity with paragraph (b) subdivision 
        2, clause (1), or section 609.3451, subdivision 1, clause (2).; 
        or 
           (2) the person commits a violation of subdivision 1, clause 
        (1), in the presence of another person while intentionally 
        confining that person or otherwise intentionally restricting 
        that person's freedom to move. 
           Sec. 15.  [STUDY ON SEXUALLY DANGEROUS PERSONS/PERSONS WITH 
        SEXUAL PSYCHOPATHIC PERSONALITIES.] 
           (a) The commissioner of corrections, in cooperation with 
        the commissioner of human services, shall study and make 
        recommendations on issues involving sexually dangerous persons 
        and persons with sexual psychopathic personalities.  The study 
        must examine the current system of treatment, commitment, and 
        confinement of these individuals; financial costs associated 
        with the current system; and the advantages and disadvantages of 
        alternatives to the current system, including indeterminate 
        criminal sentencing and changes to the patterned sex offender 
        sentencing law.  In addition, the study must examine how other 
        states have responded to these individuals. 
           (b) By December 15, 1998, the commissioner shall report on 
        the results of the study to the chairs and ranking minority 
        members of the senate and house committees and divisions having 
        jurisdiction over criminal justice policy and funding.  The 
        report must include recommendations on alternative methods of 
        addressing sexually dangerous persons and persons with sexual 
        psychopathic personalities within constitutional limits and 
        while balancing the need for public safety, ensuring that these 
        individuals are treated humanely and fairly, and financial 
        prudence. 
           Sec. 16.  [EFFECTIVE DATES.] 
           Sections 1 to 3 are effective July 1, 1998, and apply to 
        persons who are released from prison on or after that date, or 
        who are under supervision as of that date, or who enter this 
        state on or after that date.  Sections 5 to 11, and 14 are 
        effective August 1, 1998, and apply to crimes committed on or 
        after that date.  Sections 12 and 13 are effective July 1, 1998, 
        and apply to persons sentenced or released from prison on or 
        after that date. 
                                   ARTICLE 4 
                             CONTROLLED SUBSTANCES 
           Section 1.  Minnesota Statutes 1996, section 152.021, as 
        amended by Laws 1997, chapter 239, article 4, sections 5 and 6, 
        is amended to read: 
           152.021 [CONTROLLED SUBSTANCE CRIME IN THE FIRST DEGREE.] 
           Subdivision 1.  [SALE CRIMES.] A person is guilty of 
        controlled substance crime in the first degree if: 
           (1) on one or more occasions within a 90-day period the 
        person unlawfully sells one or more mixtures of a total weight 
        of ten grams or more containing cocaine or, heroin, or 
        methamphetamine; 
           (2) on one or more occasions within a 90-day period the 
        person unlawfully sells one or more mixtures of a total weight 
        of 50 grams or more containing a narcotic drug other than 
        cocaine or, heroin, or methamphetamine; 
           (3) on one or more occasions within a 90-day period the 
        person unlawfully sells one or more mixtures of a total weight 
        of 50 grams or more containing methamphetamine, amphetamine, 
        phencyclidine, or hallucinogen or, if the controlled substance 
        is packaged in dosage units, equaling 200 or more dosage units; 
        or 
           (4) on one or more occasions within a 90-day period the 
        person unlawfully sells one or more mixtures of a total weight 
        of 50 kilograms or more containing marijuana or 
        Tetrahydrocannabinols, or one or more mixtures of a total weight 
        of 25 kilograms or more containing marijuana or 
        Tetrahydrocannabinols in a school zone, a park zone, a public 
        housing zone, or a drug treatment facility. 
           Subd. 2.  [POSSESSION CRIMES.] A person is guilty of a 
        controlled substance crime in the first degree if: 
           (1) the person unlawfully possesses one or more mixtures of 
        a total weight of 25 grams or more containing cocaine or, 
        heroin, or methamphetamine; 
           (2) the person unlawfully possesses one or more mixtures of 
        a total weight of 500 grams or more containing a narcotic drug 
        other than cocaine or, heroin, or methamphetamine; 
           (3) the person unlawfully possesses one or more mixtures of 
        a total weight of 500 grams or more containing methamphetamine, 
        amphetamine, phencyclidine, or hallucinogen or, if the 
        controlled substance is packaged in dosage units, equaling 500 
        or more dosage units; or 
           (4) the person unlawfully possesses one or more mixtures of 
        a total weight of 100 kilograms or more containing marijuana or 
        Tetrahydrocannabinols. 
           Subd. 2a.  [MANUFACTURE CRIMES.] Notwithstanding 
        subdivision 1, sections 152.022, subdivision 1, 152.023, 
        subdivision 1, and 152.024, subdivision 1, a person is guilty of 
        controlled substance crime in the first degree if the person 
        manufactures any amount of methamphetamine. 
           Subd. 3.  [PENALTY.] (a) A person convicted under 
        subdivision 1 or 2 subdivisions 1 to 2a may be sentenced to 
        imprisonment for not more than 30 years or to payment of a fine 
        of not more than $1,000,000, or both. 
           (b) If the conviction is a subsequent controlled substance 
        conviction, a person convicted under subdivision 1 or 2 
        subdivisions 1 to 2a shall be committed to the commissioner of 
        corrections for not less than four years nor more than 40 years 
        and, in addition, may be sentenced to payment of a fine of not 
        more than $1,000,000.  
           (c) In a prosecution under subdivision 1 involving sales by 
        the same person in two or more counties within a 90-day period, 
        the person may be prosecuted for all of the sales in any county 
        in which one of the sales occurred. 
           Sec. 2.  Minnesota Statutes 1996, section 152.022, as 
        amended by Laws 1997, chapter 239, article 4, sections 7 and 8, 
        is amended to read: 
           152.022 [CONTROLLED SUBSTANCE CRIME IN THE SECOND DEGREE.] 
           Subdivision 1.  [SALE CRIMES.] A person is guilty of 
        controlled substance crime in the second degree if: 
           (1) on one or more occasions within a 90-day period the 
        person unlawfully sells one or more mixtures of a total weight 
        of three grams or more containing cocaine or, heroin, or 
        methamphetamine; 
           (2) on one or more occasions within a 90-day period the 
        person unlawfully sells one or more mixtures of a total weight 
        of ten grams or more containing a narcotic drug other than 
        cocaine or, heroin, or methamphetamine; 
           (3) on one or more occasions within a 90-day period the 
        person unlawfully sells one or more mixtures of a total weight 
        of ten grams or more containing methamphetamine, amphetamine, 
        phencyclidine, or hallucinogen or, if the controlled substance 
        is packaged in dosage units, equaling 50 or more dosage units; 
           (4) on one or more occasions within a 90-day period the 
        person unlawfully sells one or more mixtures of a total weight 
        of 25 kilograms or more containing marijuana or 
        Tetrahydrocannabinols; 
           (5) the person unlawfully sells any amount of a schedule I 
        or II narcotic drug to a person under the age of 18, or 
        conspires with or employs a person under the age of 18 to 
        unlawfully sell the substance; or 
           (6) the person unlawfully sells any of the following in a 
        school zone, a park zone, a public housing zone, or a drug 
        treatment facility: 
           (i) any amount of a schedule I or II narcotic drug, or 
        lysergic acid diethylamide (LSD); 
           (ii) one or more mixtures containing methamphetamine or 
        amphetamine; or 
           (iii) one or more mixtures of a total weight of five 
        kilograms or more containing marijuana or Tetrahydrocannabinols. 
           Subd. 2.  [POSSESSION CRIMES.] A person is guilty of 
        controlled substance crime in the second degree if: 
           (1) the person unlawfully possesses one or more mixtures of 
        a total weight of six grams or more containing cocaine or, 
        heroin, or methamphetamine; 
           (2) the person unlawfully possesses one or more mixtures of 
        a total weight of 50 grams or more containing a narcotic drug 
        other than cocaine or, heroin, or methamphetamine; 
           (3) the person unlawfully possesses one or more mixtures of 
        a total weight of 50 grams or more containing methamphetamine, 
        amphetamine, phencyclidine, or hallucinogen or, if the 
        controlled substance is packaged in dosage units, equaling 100 
        or more dosage units; or 
           (4) the person unlawfully possesses one or more mixtures of 
        a total weight of 50 kilograms or more containing marijuana or 
        Tetrahydrocannabinols. 
           Subd. 3.  [PENALTY.] (a) A person convicted under 
        subdivision 1 or 2 may be sentenced to imprisonment for not more 
        than 25 years or to payment of a fine of not more than $500,000, 
        or both. 
           (b) If the conviction is a subsequent controlled substance 
        conviction, a person convicted under subdivision 1 or 2 shall be 
        committed to the commissioner of corrections for not less than 
        three years nor more than 40 years and, in addition, may be 
        sentenced to payment of a fine of not more than $500,000.  
           (c) In a prosecution under subdivision 1 involving sales by 
        the same person in two or more counties within a 90-day period, 
        the person may be prosecuted for all of the sales in any county 
        in which one of the sales occurred. 
           Sec. 3.  Minnesota Statutes 1997 Supplement, section 
        152.023, subdivision 2, is amended to read: 
           Subd. 2.  [POSSESSION CRIMES.] A person is guilty of 
        controlled substance crime in the third degree if: 
           (1) on one or more occasions within a 90-day period the 
        person unlawfully possesses one or more mixtures of a total 
        weight of three grams or more containing cocaine or, heroin, or 
        methamphetamine; 
           (2) on one or more occasions within a 90-day period the 
        person unlawfully possesses one or more mixtures of a total 
        weight of ten grams or more containing a narcotic drug other 
        than cocaine or, heroin, or methamphetamine; 
           (3) on one or more occasions within a 90-day period the 
        person unlawfully possesses one or more mixtures containing a 
        narcotic drug, it is packaged in dosage units, and equals 50 or 
        more dosage units; 
           (4) on one or more occasions within a 90-day period the 
        person unlawfully possesses any amount of a schedule I or II 
        narcotic drug or five or more dosage units of lysergic acid 
        diethylamide (LSD) in a school zone, a park zone, a public 
        housing zone, or a drug treatment facility; 
           (5) on one or more occasions within a 90-day period the 
        person unlawfully possesses one or more mixtures of a total 
        weight of ten kilograms or more containing marijuana or 
        Tetrahydrocannabinols; or 
           (6) the person unlawfully possesses one or more mixtures 
        containing methamphetamine or amphetamine in a school zone, a 
        park zone, a public housing zone, or a drug treatment facility. 
           Sec. 4.  Minnesota Statutes 1996, section 152.0261, is 
        amended by adding a subdivision to read: 
           Subd. 1a.  [USE OF PERSON UNDER 18 TO IMPORT.] A person who 
        conspires with or employs a person under the age of 18 to cross 
        a state or international border into Minnesota while that person 
        or the person under the age of 18 is in possession of an amount 
        of a controlled substance that constitutes a controlled 
        substance crime under sections 152.021 to 152.025, with the 
        intent to obstruct the criminal justice process, is guilty of 
        importing controlled substances and may be sentenced as provided 
        in subdivision 3. 
           Sec. 5.  Minnesota Statutes 1996, section 152.0261, 
        subdivision 2, is amended to read: 
           Subd. 2.  [JURISDICTION.] A violation of subdivision 1 this 
        section may be charged, indicted, and tried in any county, but 
        not more than one county, into or through which the actor has 
        brought the controlled substance. 
           Sec. 6.  [152.135] [RESTRICTIONS ON SALES, MARKETING, AND 
        POSSESSION OF EPHEDRINE.] 
           Subdivision 1.  [PRESCRIPTION STATUS FOR EPHEDRINE.] Except 
        as provided in this section, a material, compound, mixture, or 
        preparation that contains any quantity of ephedrine, a salt of 
        ephedrine, an optical isomer of ephedrine, or a salt of an 
        optical isomer of ephedrine, may be dispensed only upon the 
        prescription of a duly licensed practitioner authorized by the 
        laws of the state to prescribe prescription drugs. 
           Subd. 2.  [EXCEPTIONS.] (a) A drug product containing 
        ephedrine, its salts, optical isomers, and salts of optical 
        isomers is exempt from subdivision 1 if the drug product: 
           (1) may be lawfully sold over the counter without a 
        prescription under the federal Food, Drug, and Cosmetic Act, 
        United States Code, title 21, section 321, et seq.; 
           (2) is labeled and marketed in a manner consistent with the 
        pertinent OTC Tentative Final or Final Monograph; 
           (3) is manufactured and distributed for legitimate 
        medicinal use in a manner that reduces or eliminates the 
        likelihood of abuse; 
           (4) is not marketed, advertised, or labeled for the 
        indication of stimulation, mental alertness, weight loss, muscle 
        enhancement, appetite control, or energy; and 
           (5) is in solid oral dosage forms, including soft gelatin 
        caplets, that combine 400 milligrams of guaifenesin and 25 
        milligrams of ephedrine per dose, according to label 
        instructions; or is an anorectal preparation containing not more 
        than five percent ephedrine. 
           (b) Subdivisions 1 and 3 shall not apply to products 
        containing ephedra or ma huang and lawfully marketed as dietary 
        supplements under federal law.  
           Subd. 3.  [MISMARKETING OF EPHEDRINE PROHIBITED.] The 
        marketing, advertising, or labeling of a product containing 
        ephedrine, a salt of ephedrine, an optical isomer of ephedrine, 
        or a salt of an optical isomer of ephedrine for the indication 
        of stimulation, mental alertness, weight loss, appetite control, 
        or energy, is prohibited.  In determining compliance with this 
        subdivision, the following factors may be considered: 
           (1) the packaging of the drug product; 
           (2) the name and labeling of the product; 
           (3) the manner of distribution, advertising, and promotion 
        of the product; 
           (4) verbal representations made concerning the product; and 
           (5) the duration, scope, and significance of abuse or 
        misuse of the product. 
           Subd. 4.  [POSSESSION FOR ILLICIT PURPOSES PROHIBITED.] It 
        is unlawful for a person to possess ephedrine, pseudoephedrine, 
        or phenylpropanolamine or their salts, optical isomers, or salts 
        of optical isomers with the intent to use the product as a 
        precursor to an illegal substance. 
           Subd. 5.  [SALES FOR ILLICIT PURPOSES PROHIBITED.] It is 
        unlawful for a person to sell, distribute, or otherwise make 
        available a product containing ephedrine, pseudoephedrine, or 
        phenylpropanolamine or their salts, optical isomers, or salts of 
        optical isomers if the person knows or reasonably should know 
        that the product will be used as a precursor to an illegal 
        substance. 
           Subd. 6.  [PENALTY.] A person who violates this section is 
        guilty of a misdemeanor. 
           Sec. 7.  Laws 1997, chapter 239, article 4, section 15, is 
        amended to read: 
           Sec. 15.  [EFFECTIVE DATE.] 
           The provision of section 4 relating to the listing of 
        Butorphanol in schedule IV is effective August 1, 1998, and 
        applies to acts committed on or after that date.  The provision 
        of section 4 relating to the listing of Carisoprodol in schedule 
        IV is effective August 1, 1999, and applies to acts committed on 
        or after that date.  Sections 1 to 3 and 5 to 13 are effective 
        August 1, 1997, and apply to acts committed on or after that 
        date.  Section 14 is effective the day following final enactment.
           Sec. 8.  [EFFECTIVE DATE.] 
           Sections 1 to 3 are effective January 1, 1999, and apply to 
        crimes committed on or after that date.  Sections 4 to 7 are 
        effective August 1, 1998, and apply to crimes committed on or 
        after that date. 
                                   ARTICLE 5
                                 DOMESTIC ABUSE
           Section 1.  Minnesota Statutes 1996, section 518B.01, 
        subdivision 3a, is amended to read: 
           Subd. 3a.  [FILING FEE.] The filing fees for an order for 
        protection under this section are waived for the petitioner. The 
        court administrator and, the sheriff of any county in this 
        state, and other law enforcement and corrections officers shall 
        perform their duties relating to service of process without 
        charge to the petitioner.  The court shall direct payment of the 
        reasonable costs of service of process if served by a private 
        process server when the sheriff or other law enforcement or 
        corrections officer is unavailable or if service is made by 
        publication, without requiring the petitioner to make 
        application under section 563.01.  The court may direct a 
        respondent to pay to the court administrator the petitioner's 
        filing fees and reasonable costs of service of process if the 
        court determines that the respondent has the ability to pay the 
        petitioner's fees and costs. 
           Sec. 2.  Minnesota Statutes 1996, section 518B.01, 
        subdivision 5, is amended to read: 
           Subd. 5.  [HEARING ON APPLICATION; NOTICE.] (a) Upon 
        receipt of the petition, the court shall order a hearing which 
        shall be held not later than 14 days from the date of the 
        order.  If an ex parte order has been issued under subdivision 7 
        and a hearing requested, the time periods under subdivision 7 
        for holding a hearing apply.  Personal service shall be made 
        upon the respondent not less than five days prior to the 
        hearing, if the hearing was requested by the petitioner.  If the 
        hearing was requested by the respondent after issuance of an ex 
        parte order under subdivision 7, service of the notice of 
        hearing must be made upon the petitioner not less than five days 
        prior to the hearing.  The court shall serve the notice of 
        hearing upon the petitioner by mail in the manner provided in 
        the rules of civil procedure for pleadings subsequent to a 
        complaint and motions and shall also mail notice of the date and 
        time of the hearing to the respondent.  In the event that 
        service cannot be completed in time to give the respondent or 
        petitioner the minimum notice required under this paragraph, the 
        court may set a new hearing date.  
           (b) Notwithstanding the provisions of paragraph (a), 
        service on the respondent may be made by one week published 
        notice, as provided under section 645.11, provided the 
        petitioner files with the court an affidavit stating that an 
        attempt at personal service made by a sheriff or other law 
        enforcement or corrections officer was unsuccessful because the 
        respondent is avoiding service by concealment or otherwise, and 
        that a copy of the petition and notice of hearing has been 
        mailed to the respondent at the respondent's residence or that 
        the residence is not known to the petitioner.  Service under 
        this paragraph is complete seven days after publication.  The 
        court shall set a new hearing date if necessary to allow the 
        respondent the five-day minimum notice required under paragraph 
        (a). 
           Sec. 3.  Minnesota Statutes 1996, section 518B.01, 
        subdivision 6, is amended to read: 
           Subd. 6.  [RELIEF BY THE COURT.] (a) Upon notice and 
        hearing, the court may provide relief as follows: 
           (1) restrain the abusing party from committing acts of 
        domestic abuse; 
           (2) exclude the abusing party from the dwelling which the 
        parties share or from the residence of the petitioner; 
           (3) exclude the abusing party from a reasonable area 
        surrounding the dwelling or residence, which area shall be 
        described specifically in the order; 
           (4) award temporary custody or establish temporary 
        visitation with regard to minor children of the parties on a 
        basis which gives primary consideration to the safety of the 
        victim and the children.  Except for cases in which custody is 
        contested, findings under section 257.025, 518.17, or 518.175 
        are not required.  If the court finds that the safety of the 
        victim or the children will be jeopardized by unsupervised or 
        unrestricted visitation, the court shall condition or restrict 
        visitation as to time, place, duration, or supervision, or deny 
        visitation entirely, as needed to guard the safety of the victim 
        and the children.  The court's decision on custody and 
        visitation shall in no way delay the issuance of an order for 
        protection granting other reliefs provided for in this section; 
           (5) on the same basis as is provided in chapter 518, 
        establish temporary support for minor children or a spouse, and 
        order the withholding of support from the income of the person 
        obligated to pay the support according to chapter 518; 
           (6) provide upon request of the petitioner counseling or 
        other social services for the parties, if married, or if there 
        are minor children; 
           (7) order the abusing party to participate in treatment or 
        counseling services; 
           (8) award temporary use and possession of property and 
        restrain one or both parties from transferring, encumbering, 
        concealing, or disposing of property except in the usual course 
        of business or for the necessities of life, and to account to 
        the court for all such transfers, encumbrances, dispositions, 
        and expenditures made after the order is served or communicated 
        to the party restrained in open court; 
           (9) exclude the abusing party from the place of employment 
        of the petitioner, or otherwise limit access to the petitioner 
        by the abusing party at the petitioner's place of employment; 
           (10) order the abusing party to pay restitution to the 
        petitioner; 
           (11) order the continuance of all currently available 
        insurance coverage without change in coverage or beneficiary 
        designation; and 
           (12) order, in its discretion, other relief as it deems 
        necessary for the protection of a family or household member, 
        including orders or directives to the sheriff or, constable, or 
        other law enforcement or corrections officer as provided by this 
        section. 
           (b) Any relief granted by the order for protection shall be 
        for a fixed period not to exceed one year, except when the court 
        determines a longer fixed period is appropriate.  When a referee 
        presides at the hearing on the petition, the order granting 
        relief becomes effective upon the referee's signature. 
           (c) An order granting the relief authorized in paragraph 
        (a), clause (1), may not be vacated or modified in a proceeding 
        for dissolution of marriage or legal separation, except that the 
        court may hear a motion for modification of an order for 
        protection concurrently with a proceeding for dissolution of 
        marriage upon notice of motion and motion.  The notice required 
        by court rule shall not be waived.  If the proceedings are 
        consolidated and the motion to modify is granted, a separate 
        order for modification of an order for protection shall be 
        issued. 
           (d) An order granting the relief authorized in paragraph 
        (a), clause (2), is not voided by the admittance of the abusing 
        party into the dwelling from which the abusing party is excluded.
           (e) If a proceeding for dissolution of marriage or legal 
        separation is pending between the parties, the court shall 
        provide a copy of the order for protection to the court with 
        jurisdiction over the dissolution or separation proceeding for 
        inclusion in its file. 
           (f) An order for restitution issued under this subdivision 
        is enforceable as civil judgment. 
           Sec. 4.  Minnesota Statutes 1996, section 518B.01, is 
        amended by adding a subdivision to read: 
           Subd. 9a.  [SERVICE BY OTHERS.] Peace officers licensed by 
        the state of Minnesota and corrections officers, including, but 
        not limited to, probation officers, court services officers, 
        parole officers, and employees of jails or correctional 
        facilities, may serve an order for protection. 
           Sec. 5.  Minnesota Statutes 1997 Supplement, section 
        518B.01, subdivision 14, is amended to read: 
           Subd. 14.  [VIOLATION OF AN ORDER FOR PROTECTION.] (a) A 
        person who violates an order for protection issued under this 
        section by a judge or referee is subject to the penalties 
        provided in paragraphs (b) to (d).  
           (b) Except as otherwise provided in paragraphs (c) and (d), 
        whenever an order for protection is granted pursuant to this 
        section by a judge or referee or pursuant to a similar law of 
        another state, the District of Columbia, tribal lands, or United 
        States territories, and the respondent or person to be 
        restrained knows of the order, violation of the order for 
        protection is a misdemeanor.  Upon a misdemeanor conviction 
        under this paragraph, the defendant must be sentenced to a 
        minimum of three days imprisonment and must be ordered to 
        participate in counseling or other appropriate programs selected 
        by the court.  If the court stays imposition or execution of the 
        jail sentence and the defendant refuses or fails to comply with 
        the court's treatment order, the court must impose and execute 
        the stayed jail sentence.  A violation of an order for 
        protection shall also constitute contempt of court and be 
        subject to the penalties provided in chapter 588. 
           (c) A person is guilty of a gross misdemeanor who knowingly 
        violates this subdivision during the time period between a 
        previous conviction under this subdivision; sections 609.221 to 
        609.224; 609.2242; 609.713, subdivision 1 or 3; 609.748, 
        subdivision 6; 609.749; or a similar law of another state, the 
        District of Columbia, tribal lands, or United States 
        territories; and the end of the five years following discharge 
        from sentence for that conviction.  Upon a gross misdemeanor 
        conviction under this paragraph, the defendant must be sentenced 
        to a minimum of ten days imprisonment and must be ordered to 
        participate in counseling or other appropriate programs selected 
        by the court.  Notwithstanding section 609.135, the court must 
        impose and execute the minimum sentence provided in this 
        paragraph for gross misdemeanor convictions. 
           (d) A person is guilty of a felony and may be sentenced to 
        imprisonment for not more than five years or to payment of a 
        fine of not more than $10,000, or both, if the person knowingly 
        violates this subdivision: 
           (1) during the time period between the first of two or more 
        previous convictions under this section or sections 609.221 to 
        609.224; 609.2242; 609.713, subdivision 1 or 3; 609.748, 
        subdivision 6; 609.749; or a similar law of another state, the 
        District of Columbia, tribal lands, or United States 
        territories; and the end of the five years following discharge 
        from sentence for that conviction; or 
           (2) while possessing a dangerous weapon, as defined in 
        section 609.02, subdivision 6. 
        Upon a felony conviction under this paragraph in which the court 
        stays imposition or execution of sentence, the court shall 
        impose at least a 30-day period of incarceration as a condition 
        of probation.  The court also shall order that the defendant 
        participate in counseling or other appropriate programs selected 
        by the court.  Notwithstanding section 609.135, the court must 
        impose and execute the minimum sentence provided in this 
        paragraph for felony convictions. 
           (e) A peace officer shall arrest without a warrant and take 
        into custody a person whom the peace officer has probable cause 
        to believe has violated an order granted pursuant to this 
        section or a similar law of another state, the District of 
        Columbia, tribal lands, or United States territories restraining 
        the person or excluding the person from the residence or the 
        petitioner's place of employment, even if the violation of the 
        order did not take place in the presence of the peace officer, 
        if the existence of the order can be verified by the officer.  
        The person shall be held in custody for at least 36 hours, 
        excluding the day of arrest, Sundays, and holidays, unless the 
        person is released earlier by a judge or judicial officer.  A 
        peace officer acting in good faith and exercising due care in 
        making an arrest pursuant to this paragraph is immune from civil 
        liability that might result from the officer's actions. 
           (f) If the court finds that the respondent has violated an 
        order for protection and that there is reason to believe that 
        the respondent will commit a further violation of the provisions 
        of the order restraining the respondent from committing acts of 
        domestic abuse or excluding the respondent from the petitioner's 
        residence, the court may require the respondent to acknowledge 
        an obligation to comply with the order on the record.  The court 
        may require a bond sufficient to deter the respondent from 
        committing further violations of the order for protection, 
        considering the financial resources of the respondent, and not 
        to exceed $10,000.  If the respondent refuses to comply with an 
        order to acknowledge the obligation or post a bond under this 
        paragraph, the court shall commit the respondent to the county 
        jail during the term of the order for protection or until the 
        respondent complies with the order under this paragraph.  The 
        warrant must state the cause of commitment, with the sum and 
        time for which any bond is required.  If an order is issued 
        under this paragraph, the court may order the costs of the 
        contempt action, or any part of them, to be paid by the 
        respondent.  An order under this paragraph is appealable.  
           (g) Upon the filing of an affidavit by the petitioner, any 
        peace officer, or an interested party designated by the court, 
        alleging that the respondent has violated any order for 
        protection granted pursuant to this section or a similar law of 
        another state, the District of Columbia, tribal lands, or United 
        States territories, the court may issue an order to the 
        respondent, requiring the respondent to appear and show cause 
        within 14 days why the respondent should not be found in 
        contempt of court and punished therefor.  The hearing may be 
        held by the court in any county in which the petitioner or 
        respondent temporarily or permanently resides at the time of the 
        alleged violation, or in the county in which the alleged 
        violation occurred, if the petitioner and respondent do not 
        reside in this state.  The court also shall refer the violation 
        of the order for protection to the appropriate prosecuting 
        authority for possible prosecution under paragraph (b), (c), or 
        (d). 
           (h) If it is alleged that the respondent has violated an 
        order for protection issued under subdivision 6 or a similar law 
        of another state, the District of Columbia, tribal lands, or 
        United States territories, and the court finds that the order 
        has expired between the time of the alleged violation and the 
        court's hearing on the violation, the court may grant a new 
        order for protection under subdivision 6 based solely on the 
        respondent's alleged violation of the prior order, to be 
        effective until the hearing on the alleged violation of the 
        prior order.  If the court finds that the respondent has 
        violated the prior order, the relief granted in the new order 
        for protection shall be extended for a fixed period, not to 
        exceed one year, except when the court determines a longer fixed 
        period is appropriate. 
           (i) The admittance into petitioner's dwelling of an abusing 
        party excluded from the dwelling under an order for protection 
        is not a violation by the petitioner of the order for protection.
           A peace officer is not liable under section 609.43, clause 
        (1), for a failure to perform a duty required by paragraph (e). 
           (j) When a person is convicted under paragraph (b) or (c) 
        of violating an order for protection and the court determines 
        that the person used a firearm in any way during commission of 
        the violation, the court may order that the person is prohibited 
        from possessing any type of firearm for any period longer than 
        three years or for the remainder of the person's life.  A person 
        who violates this paragraph is guilty of a gross misdemeanor.  
        At the time of the conviction, the court shall inform the 
        defendant whether and for how long the defendant is prohibited 
        from possessing a firearm and that it is a gross misdemeanor to 
        violate this paragraph.  The failure of the court to provide 
        this information to a defendant does not affect the 
        applicability of the firearm possession prohibition or the gross 
        misdemeanor penalty to that defendant. 
           (k) Except as otherwise provided in paragraph (j), when a 
        person is convicted under paragraph (b) or (c) of violating an 
        order for protection, the court shall inform the defendant that 
        the defendant is prohibited from possessing a pistol for three 
        years from the date of conviction and that it is a gross 
        misdemeanor offense to violate this prohibition.  The failure of 
        the court to provide this information to a defendant does not 
        affect the applicability of the pistol possession prohibition or 
        the gross misdemeanor penalty to that defendant. 
           (l) Except as otherwise provided in paragraph (j), a person 
        is not entitled to possess a pistol if the person has been 
        convicted under paragraph (b) or (c) after August 1, 1996, of 
        violating an order for protection, unless three years have 
        elapsed from the date of conviction and, during that time, the 
        person has not been convicted of any other violation of this 
        section.  Property rights may not be abated but access may be 
        restricted by the courts.  A person who possesses a pistol in 
        violation of this paragraph is guilty of a gross misdemeanor. 
           (m) If the court determines that a person convicted under 
        paragraph (b) or (c) of violating an order for protection owns 
        or possesses a firearm and used it in any way during the 
        commission of the violation, it shall order that the firearm be 
        summarily forfeited under section 609.5316, subdivision 3. 
           Sec. 6.  Minnesota Statutes 1997 Supplement, section 
        609.2244, subdivision 1, is amended to read: 
           Subdivision 1.  [INVESTIGATION.] A presentence domestic 
        abuse investigation must be conducted and a report submitted to 
        the court by the corrections agency responsible for conducting 
        the investigation when: 
           (1) a defendant is convicted of an offense described in 
        section 518B.01, subdivision 2; or 
           (2) a defendant is arrested for committing an offense 
        described in section 518B.01, subdivision 2, but is convicted of 
        another offense arising out of the same circumstances 
        surrounding the arrest; or 
           (3) a defendant is convicted of a violation against a 
        family or household member of:  (a) an order for protection 
        under section 518B.01; (b) a harassment restraining order under 
        section 609.748; (c) section 609.79, subdivision 1; or (d) 
        section 609.713, subdivision 1. 
           Sec. 7.  Minnesota Statutes 1997 Supplement, section 
        609.2244, subdivision 4, is amended to read: 
           Subd. 4.  [DOMESTIC ABUSE INVESTIGATION FEE.] When the 
        court sentences a person convicted of an offense described in 
        section 518B.01, subdivision 2 1, the court shall impose a 
        domestic abuse investigation fee of at least $50 but not more 
        than $125.  This fee must be imposed whether the sentence is 
        executed, stayed, or suspended.  The court may not waive payment 
        or authorize payment of the fee in installments unless it makes 
        written findings on the record that the convicted person is 
        indigent or that the fee would create undue hardship for the 
        convicted person or that person's immediate family.  The person 
        convicted of the offense and ordered to pay the fee shall pay 
        the fee to the county corrections department or other designated 
        agencies conducting the investigation. 
           Sec. 8.  Minnesota Statutes 1996, section 609.748, 
        subdivision 3, is amended to read: 
           Subd. 3.  [CONTENTS OF PETITION; HEARING; NOTICE.] (a) A 
        petition for relief must allege facts sufficient to show the 
        following:  
           (1) the name of the alleged harassment victim; 
           (2) the name of the respondent; and 
           (3) that the respondent has engaged in harassment. 
        The petition shall be accompanied by an affidavit made under 
        oath stating the specific facts and circumstances from which 
        relief is sought.  The court shall provide simplified forms and 
        clerical assistance to help with the writing and filing of a 
        petition under this section and shall advise the petitioner of 
        the right to sue in forma pauperis under section 563.01.  Upon 
        receipt of the petition, the court shall order a hearing, which 
        must be held not later than 14 days from the date of the order.  
        Personal service must be made upon the respondent not less than 
        five days before the hearing.  If personal service cannot be 
        completed in time to give the respondent the minimum notice 
        required under this paragraph, the court may set a new hearing 
        date. 
           (b) Notwithstanding paragraph (a), the order for a hearing 
        and a temporary order issued under subdivision 4 may be served 
        on the respondent by means of a one-week published notice under 
        section 645.11, if: 
           (1) the petitioner files an affidavit with the court 
        stating that an attempt at personal service made by a sheriff 
        was unsuccessful because the respondent is avoiding service by 
        concealment or otherwise; and 
           (2) a copy of the petition and order for hearing and any 
        temporary restraining order has been mailed to the respondent at 
        the respondent's residence or place of business, if the 
        respondent is an organization, or the respondent's residence or 
        place of business is not known to the petitioner. 
           (c) Regardless of the method of service, if the respondent 
        is a juvenile, whenever possible, the court also shall have 
        notice of the pendency of the case and of the time and place of 
        the hearing served by mail at the last known address upon any 
        parent or guardian of the juvenile respondent who is not the 
        petitioner. 
           Sec. 9.  Minnesota Statutes 1996, section 609.748, 
        subdivision 4, is amended to read: 
           Subd. 4.  [TEMPORARY RESTRAINING ORDER.] (a) The court may 
        issue a temporary restraining order ordering the respondent to 
        cease or avoid the harassment of another person or to have no 
        contact with that person if the petitioner files a petition in 
        compliance with subdivision 3 and if the court finds reasonable 
        grounds to believe that the respondent has engaged in harassment.
           (b) Notice need not be given to the respondent before the 
        court issues a temporary restraining order under this 
        subdivision.  A copy of the restraining order must be served on 
        the respondent along with the order for hearing and petition, as 
        provided in subdivision 3.  If the respondent is a juvenile, 
        whenever possible, a copy of the restraining order, along with 
        notice of the pendency of the case and the time and place of the 
        hearing, shall also be served by mail at the last known address 
        upon any parent or guardian of the juvenile respondent who is 
        not the petitioner.  A temporary restraining order may be 
        entered only against the respondent named in the petition.  
           (c) The temporary restraining order is in effect until a 
        hearing is held on the issuance of a restraining order under 
        subdivision 5.  The court shall hold the hearing on the issuance 
        of a restraining order within 14 days after the temporary 
        restraining order is issued unless (1) the time period is 
        extended upon written consent of the parties; or (2) the time 
        period is extended by the court for one additional 14-day period 
        upon a showing that the respondent has not been served with a 
        copy of the temporary restraining order despite the exercise of 
        due diligence or if service is made by published notice under 
        subdivision 3 and the petitioner files the affidavit required 
        under that subdivision.  
           Sec. 10.  Minnesota Statutes 1996, section 634.20, is 
        amended to read: 
           634.20 [EVIDENCE OF PRIOR CONDUCT.] 
           Evidence of similar prior conduct by the accused against 
        the victim of domestic abuse, as defined under section 518B.01, 
        subdivision 2, including evidence of a violation against a 
        family or household member of: 
           (1) an order for protection under section 518B.01; 
           (2) section 609.713, subdivision 1; 
           (3) a harassment restraining order under section 609.748; 
        or 
           (4) section 609.79, subdivision 1; 
        is admissible unless the probative value is substantially 
        outweighed by the danger of unfair prejudice, confusion of the 
        issue, or misleading the jury, or by considerations of undue 
        delay, waste of time, or needless presentation of cumulative 
        evidence. 
           Sec. 11.  Laws 1997, chapter 239, article 10, section 1, is 
        amended to read: 
           Section 1.  [PILOT PROGRAM.] 
           Actions under sections 2 to 26 are limited to a pilot 
        program in the 4th judicial district for the period June 1, 
        1998, through July 31, 1999 2000.  At the conclusion of the 
        pilot period, the 4th judicial district shall report to the 
        legislature on the number of petitions filed under sections 2 to 
        26, the relationship of the parties, and the disposition of each 
        petition. 
           Sec. 12.  Laws 1997, chapter 239, article 10, section 19, 
        is amended to read: 
           Sec. 19.  [VIOLATION OF AN ORDER FOR PROTECTION/MINOR 
        RESPONDENT; PENALTIES.] 
           Subdivision 1.  [AFFIDAVIT; ORDER TO SHOW CAUSE.] The 
        petitioner, a peace officer, or an interested party designated 
        by the court may file an affidavit with the court alleging that 
        a minor respondent has violated an order for protection/minor 
        respondent under sections 2 to 26.  The court may order the 
        minor respondent to appear and show cause within 14 days why the 
        minor respondent should not be found in contempt of court and 
        punished for the contempt.  The court may also order the minor 
        to participate in counseling or other appropriate programs 
        selected by the court.  The hearing may be held by the court in 
        any county in which the petitioner or minor respondent 
        temporarily or permanently resides at the time of the alleged 
        violation. or in the county in which the alleged violation 
        occurred, if the petitioner and respondent do not reside in this 
        state.  The court also shall refer the violation of the order 
        for protection/minor respondent to the county attorney for 
        possible prosecution under subdivision 1a, paragraph (b), (c), 
        or (d), or if the respondent is an adult at the time of the 
        alleged violation, to the appropriate prosecuting authority for 
        possible prosecution under Minnesota Statutes, chapter 518B. 
           Subd. 1a.  [PENALTIES.] (a) A person who violates an order 
        for protection/minor respondent issued under this section is 
        subject to the penalties provided in paragraphs (b) to (d), 
        except that if the respondent or person to be restrained is over 
        the age of 18 at the time of the violation, Minnesota Statutes, 
        section 518B.01, subdivision 14, shall apply.  If the respondent 
        is still a minor at the time of the violation, the laws relating 
        to delinquency prosecution and disposition in juvenile court 
        shall apply, consistent with this section and notwithstanding 
        the provisions of Minnesota Statutes, section 260.015, 
        subdivision 21. 
           (b) Except as otherwise provided in paragraphs (c) and (d), 
        whenever an order for protection/minor respondent is granted 
        under this section or a similar law of another state, and the 
        respondent or person to be restrained knows of the order, 
        violation of the order for protection/minor respondent is a 
        misdemeanor.  Upon a misdemeanor adjudication of delinquency, 
        the respondent must be ordered to participate in counseling or 
        other appropriate programs selected by the court.  A violation 
        of an order for protection/minor respondent shall also 
        constitute contempt of court and be subject to the penalties 
        provided in Minnesota Statutes, chapter 588. 
           (c) A person is guilty of a gross misdemeanor who knowingly 
        violates this subdivision during the time period between a 
        previous adjudication of delinquency under this subdivision; 
        Minnesota Statutes, sections 609.221 to 609.224; 609.2242; 
        609.713, subdivision 1 or 3; 609.748, subdivision 6; 609.749; or 
        a similar law of another state; and the end of the five years 
        following discharge from sentence for that adjudication of 
        delinquency.  Upon a gross misdemeanor adjudication of 
        delinquency under this paragraph, the respondent must be ordered 
        to participate in counseling or other appropriate programs 
        selected by the court. 
           (d) A person is guilty of a felony if the person knowingly 
        violates this subdivision: 
           (1) during the time period between the first of two or more 
        previous adjudications of delinquency under this section or 
        Minnesota Statutes, sections 609.221 to 609.224; 609.2242; 
        609.713, subdivision 1 or 3; 609.748, subdivision 6; 609.749; or 
        a similar law of another state; and the end of the five years 
        following discharge from sentence for that adjudication of 
        delinquency; or 
           (2) while possessing a dangerous weapon, as defined in 
        Minnesota Statutes, section 609.02, subdivision 6. 
        Upon a felony adjudication of delinquency under this paragraph, 
        the court shall order, at a minimum, that the respondent 
        participate in counseling or other appropriate programs selected 
        by the court. 
           (e) A peace officer shall arrest without a warrant and take 
        into custody a person whom the peace officer has probable cause 
        to believe has violated an order granted under this section, 
        Minnesota Statutes, chapter 518B, or a similar law of another 
        state restraining the person or excluding the person from the 
        residence or the petitioner's place of employment, even if the 
        violation of the order did not take place in the presence of the 
        peace officer, if the existence of the order can be verified by 
        the officer.  The person shall be held in custody for at least 
        36 hours, excluding the day of arrest, Sundays, and holidays, 
        unless the person is released earlier by a judge or judicial 
        officer.  A peace officer acting in good faith and exercising 
        due care in making an arrest pursuant to this paragraph is 
        immune from civil liability that might result from the officer's 
        actions.  A peace officer is not liable under Minnesota 
        Statutes, section 609.43, clause (1), for a failure to perform a 
        duty required by this paragraph. 
           (f) If the court finds that the respondent has violated an 
        order for protection/minor respondent and that there is reason 
        to believe that the respondent will commit a further violation 
        of the provisions of the order restraining the respondent from 
        committing acts of domestic abuse or excluding the respondent 
        from the petitioner's residence, the court may require the 
        respondent to acknowledge an obligation to comply with the order 
        on the record. 
           Subd. 2.  [EXTENSION OF PROTECTION ORDER.] If it is alleged 
        that a minor respondent has violated an order for 
        protection/minor respondent issued under sections 2 to 26 and 
        the court finds that the order has expired between the time of 
        the alleged violation and the court's hearing on the violation, 
        the court may grant a new order for protection/minor respondent 
        based solely on the minor respondent's alleged violation of the 
        prior order, to be effective until the hearing on the alleged 
        violation of the prior order.  The relief granted in the new 
        order for protection/minor respondent must be extended for a 
        fixed period, not to exceed one year, except when the court 
        determines a longer fixed period is appropriate. 
           Subd. 3.  [ADMITTANCE INTO DWELLING.] Admittance into the 
        petitioner's dwelling of an abusing party excluded from the 
        dwelling under an order for protection/minor respondent is not a 
        violation by the petitioner of the order. 
           Subd. 4.  [POSSESSION OF FIREARM.] (a) When a person is 
        adjudicated delinquent under subdivision 1a, paragraph (b), (c), 
        or (d), of violating an order for protection/minor respondent 
        and the court determines that the person used a firearm in any 
        way during commission of the violation, the court may order that 
        the person is prohibited from possessing any type of firearm for 
        any period longer than three years or for the remainder of the 
        person's life.  A person who violates this paragraph is guilty 
        of a gross misdemeanor.  At the time of the adjudication of 
        delinquency, the court shall inform the respondent whether and 
        for how long the respondent is prohibited from possessing a 
        firearm and that it is a gross misdemeanor to violate this 
        paragraph.  The failure of the court to provide this information 
        to a respondent does not affect the applicability of the firearm 
        possession prohibition or the gross misdemeanor penalty to that 
        respondent. 
           (b) Except as otherwise provided in paragraph (a), when a 
        person is adjudicated delinquent under subdivision 1a, paragraph 
        (b), (c), or (d), of violating an order for protection/minor 
        respondent, the court shall inform the respondent that the 
        respondent is prohibited from possessing a pistol for three 
        years from the date of adjudication of delinquency and that it 
        is a gross misdemeanor offense to violate this prohibition.  The 
        failure of the court to provide this information to a respondent 
        does not affect the applicability of the pistol possession 
        prohibition or the gross misdemeanor penalty to that respondent. 
           (c) Except as otherwise provided in paragraph (a), a person 
        is not entitled to possess a pistol if the person has been 
        adjudicated delinquent under subdivision 1a, paragraph (b), (c), 
        or (d), of violating an order for protection/minor respondent, 
        unless three years have elapsed from the date of adjudication of 
        delinquency and, during that time, the person has not been 
        adjudicated delinquent or convicted of any other violation of 
        this section or Minnesota Statutes, chapter 518B.  Property 
        rights may not be abated but access may be restricted by the 
        courts.  A person who possesses a pistol in violation of this 
        paragraph is guilty of a gross misdemeanor. 
           (d) If the court determines that a person adjudicated 
        delinquent under subdivision 1a, paragraph (b), (c), or (d), of 
        violating an order for protection/minor respondent owns or 
        possesses a firearm and used it in any way during the commission 
        of the violation, it shall order that the firearm be summarily 
        forfeited under Minnesota Statutes, section 609.5316, 
        subdivision 3. 
           Sec. 13.  [EFFECTIVE DATE.] 
           Sections 8, 9, 11, and 12 are effective June 1, 1998, and 
        apply to offenses committed on or after that date.  The 
        remaining sections in this article are effective August 1, 1998, 
        and apply to offenses committed on or after that date. 
                                   ARTICLE 6 
                             SENTENCING PROVISIONS 
           Section 1.  Minnesota Statutes 1996, section 609.095, is 
        amended to read: 
           609.095 [LIMITS OF SENTENCES.] 
           (a) The legislature has the exclusive authority to define 
        crimes and offenses and the range of the sentences or 
        punishments for their violation.  No other or different sentence 
        or punishment shall be imposed for the commission of a crime 
        than is authorized by this chapter or other applicable law.  
           (b) Except as provided in section 152.18 or upon agreement 
        of the parties, a court may not refuse to adjudicate the guilt 
        of a defendant who tenders a guilty plea in accordance with 
        Minnesota Rules of Criminal Procedure, rule 15, or who has been 
        found guilty by a court or jury following a trial. 
           (c) Paragraph (b) does not supersede Minnesota Rules of 
        Criminal Procedure, rule 26.04. 
           Sec. 2.  [LEGISLATIVE PURPOSE.] 
           Sections 3 to 7 recodify and clarify current laws relating 
        to increased sentences for certain dangerous or repeat offenders 
        in order to group them together near the beginning of the 
        criminal code.  This recodification aims to unify these various 
        increased sentence provisions to facilitate their use and is not 
        intended to result in any substantive change in the recodified 
        sections. 
           Sec. 3.  [609.106] [HEINOUS CRIMES.] 
           Subdivision 1.  [TERMS.] (a) As used in this section, 
        "heinous crime" means:  
           (1) a violation or attempted violation of section 609.185 
        or 609.19; 
           (2) a violation of section 609.195 or 609.221; or 
           (3) a violation of section 609.342, 609.343, or 609.344, if 
        the offense was committed with force or violence. 
           (b) "Previous conviction" means a conviction in Minnesota 
        for a heinous crime or a conviction elsewhere for conduct that 
        would have been a heinous crime under this chapter if committed 
        in Minnesota.  The term includes any conviction that occurred 
        before the commission of the present offense of conviction, but 
        does not include a conviction if 15 years have elapsed since the 
        person was discharged from the sentence imposed for the offense. 
           Subd. 2.  [LIFE WITHOUT RELEASE.] The court shall sentence 
        a person to life imprisonment without possibility of release 
        under the following circumstances: 
           (1) the person is convicted of first degree murder under 
        section 609.185, clause (2) or (4); or 
           (2) the person is convicted of first degree murder under 
        section 609.185, clause (1), (3), (5), or (6), and the court 
        determines on the record at the time of sentencing that the 
        person has one or more previous convictions for a heinous crime. 
           Sec. 4.  [609.107] [MANDATORY PENALTY FOR CERTAIN 
        MURDERERS.] 
           When a person is convicted of violating section 609.19 or 
        609.195, the court shall sentence the person to the statutory 
        maximum sentence for the offense if the person was previously 
        convicted of a heinous crime as defined in section 609.106 and 
        15 years have not elapsed since the person was discharged from 
        the sentence imposed for that conviction.  The court may not 
        stay the imposition or execution of the sentence, 
        notwithstanding section 609.135. 
           Sec. 5.  [609.108] [MANDATORY INCREASED SENTENCES FOR 
        CERTAIN PATTERNED AND PREDATORY SEX OFFENDERS; NO PRIOR 
        CONVICTION REQUIRED.] 
           Subdivision 1.  [MANDATORY INCREASED SENTENCE.] (a) A court 
        shall commit a person to the commissioner of corrections for a 
        period of time that is not less than double the presumptive 
        sentence under the sentencing guidelines and not more than the 
        statutory maximum, or if the statutory maximum is less than 
        double the presumptive sentence, for a period of time that is 
        equal to the statutory maximum, if: 
           (1) the court is imposing an executed sentence, based on a 
        sentencing guidelines presumptive imprisonment sentence or a 
        dispositional departure for aggravating circumstances or a 
        mandatory minimum sentence, on a person convicted of committing 
        or attempting to commit a violation of section 609.342, 609.343, 
        609.344, or 609.345, or on a person convicted of committing or 
        attempting to commit any other crime listed in subdivision 3 if 
        it reasonably appears to the court that the crime was motivated 
        by the offender's sexual impulses or was part of a predatory 
        pattern of behavior that had criminal sexual conduct as its 
        goal; 
           (2) the court finds that the offender is a danger to public 
        safety; and 
           (3) the court finds that the offender needs long-term 
        treatment or supervision beyond the presumptive term of 
        imprisonment and supervised release.  The finding must be based 
        on a professional assessment by an examiner experienced in 
        evaluating sex offenders that concludes that the offender is a 
        patterned sex offender.  The assessment must contain the facts 
        upon which the conclusion is based, with reference to the 
        offense history of the offender or the severity of the current 
        offense, the social history of the offender, and the results of 
        an examination of the offender's mental status unless the 
        offender refuses to be examined.  The conclusion may not be 
        based on testing alone.  A patterned sex offender is one whose 
        criminal sexual behavior is so engrained that the risk of 
        reoffending is great without intensive psychotherapeutic 
        intervention or other long-term controls. 
           (b) The court shall consider imposing a sentence under this 
        section whenever a person is convicted of violating section 
        609.342 or 609.343. 
           Subd. 2.  [INCREASED STATUTORY MAXIMUM.] If the factfinder 
        determines, at the time of the trial or the guilty plea, that a 
        predatory offense was motivated by, committed in the course of, 
        or committed in furtherance of sexual contact or penetration, as 
        defined in section 609.341, and the court is imposing a sentence 
        under subdivision 1, the statutory maximum imprisonment penalty 
        for the offense is 40 years, notwithstanding the statutory 
        maximum imprisonment penalty otherwise provided for the offense. 
           Subd. 3.  [PREDATORY CRIME.] A predatory crime is a felony 
        violation of section 609.185, 609.19, 609.195, 609.20, 609.205, 
        609.221, 609.222, 609.223, 609.24, 609.245, 609.25, 609.255, 
        609.342, 609.343, 609.344, 609.345, 609.365, 609.498, 609.561, 
        or 609.582, subdivision 1. 
           Subd. 4.  [DANGER TO PUBLIC SAFETY.] The court shall base 
        its finding that the offender is a danger to public safety on 
        any of the following factors: 
           (1) the crime involved an aggravating factor that would 
        justify a durational departure from the presumptive sentence 
        under the sentencing guidelines; 
           (2) the offender previously committed or attempted to 
        commit a predatory crime or a violation of section 609.224 or 
        609.2242, including: 
           (i) an offense committed as a juvenile that would have been 
        a predatory crime or a violation of section 609.224 or 609.2242 
        if committed by an adult; or 
           (ii) a violation or attempted violation of a similar law of 
        any other state or the United States; or 
           (3) the offender planned or prepared for the crime prior to 
        its commission. 
           Subd. 5.  [DEPARTURE FROM GUIDELINES.] A sentence imposed 
        under subdivision 1 is a departure from the sentencing 
        guidelines. 
           Subd. 6.  [CONDITIONAL RELEASE.] At the time of sentencing 
        under subdivision 1, the court shall provide that after the 
        offender has completed the sentence imposed, less any good time 
        earned by an offender whose crime was committed before August 1, 
        1993, the commissioner of corrections shall place the offender 
        on conditional release for the remainder of the statutory 
        maximum period, or for ten years, whichever is longer. 
           The conditions of release may include successful completion 
        of treatment and aftercare in a program approved by the 
        commissioner, satisfaction of the release conditions specified 
        in section 244.05, subdivision 6, and any other conditions the 
        commissioner considers appropriate.  Before the offender is 
        released, the commissioner shall notify the sentencing court, 
        the prosecutor in the jurisdiction where the offender was 
        sentenced, and the victim of the offender's crime, where 
        available, of the terms of the offender's conditional release.  
        If the offender fails to meet any condition of release, the 
        commissioner may revoke the offender's conditional release and 
        order that the offender serve all or a part of the remaining 
        portion of the conditional release term in prison.  The 
        commissioner shall not dismiss the offender from supervision 
        before the conditional release term expires. 
           Conditional release granted under this subdivision is 
        governed by provisions relating to supervised release, except as 
        otherwise provided in this subdivision, section 244.04, 
        subdivision 1, or 244.05. 
           Subd. 7.  [COMMISSIONER OF CORRECTIONS.] The commissioner 
        shall pay the cost of treatment of a person released under 
        subdivision 6.  This section does not require the commissioner 
        to accept or retain an offender in a treatment program. 
           Sec. 6.  [609.109] [PRESUMPTIVE AND MANDATORY SENTENCES FOR 
        REPEAT SEX OFFENDERS.] 
           Subdivision 1.  [DEFINITION; CONVICTION OF OFFENSE.] For 
        purposes of this section, "offense" means a completed offense or 
        an attempt to commit an offense.  
           Subd. 2.  [PRESUMPTIVE EXECUTED SENTENCE.] Except as 
        provided in subdivision 3 or 4, if a person is convicted under 
        sections 609.342 to 609.345, within 15 years of a previous sex 
        offense conviction, the court shall commit the defendant to the 
        commissioner of corrections for not less than three years, nor 
        more than the maximum sentence provided by law for the offense 
        for which convicted, notwithstanding the provisions of sections 
        242.19, 243.05, 609.11, 609.12, and 609.135.  The court may stay 
        the execution of the sentence imposed under this subdivision 
        only if it finds that a professional assessment indicates the 
        offender is accepted by and can respond to treatment at a 
        long-term inpatient program exclusively treating sex offenders 
        and approved by the commissioner of corrections.  If the court 
        stays the execution of a sentence, it shall include the 
        following as conditions of probation:  
           (1) incarceration in a local jail or workhouse; and 
           (2) a requirement that the offender successfully complete 
        the treatment program and aftercare as directed by the court. 
           Subd. 3.  [MANDATORY LIFE SENTENCE.] (a) The court shall 
        sentence a person to imprisonment for life, notwithstanding the 
        statutory maximum sentence under section 609.342, if: 
           (1) the person has been indicted by a grand jury under this 
        subdivision; 
           (2) the person is convicted under section 609.342; and 
           (3) the court determines on the record at the time of 
        sentencing that any of the following circumstances exists: 
           (i) the person has previously been sentenced under section 
        609.1095; 
           (ii) the person has one previous sex offense conviction for 
        a violation of section 609.342, 609.343, or 609.344 that 
        occurred before August 1, 1989, for which the person was 
        sentenced to prison in an upward durational departure from the 
        sentencing guidelines that resulted in a sentence at least twice 
        as long as the presumptive sentence; or 
           (iii) the person has two previous sex offense convictions 
        under section 609.342, 609.343, or 609.344. 
           (b) Notwithstanding subdivision 2 and section 609.342, 
        subdivision 3, the court may not stay imposition of the sentence 
        required by this subdivision. 
           Subd. 4.  [MANDATORY 30-YEAR SENTENCE.] (a) The court shall 
        commit a person to the commissioner of corrections for not less 
        than 30 years, notwithstanding the statutory maximum sentence 
        under section 609.343, if: 
           (1) the person is convicted under section 609.342, 
        subdivision 1, clause (c), (d), (e), or (f); or 609.343, 
        subdivision 1, clause (c), (d), (e), or (f); and 
           (2) the court determines on the record at the time of 
        sentencing that:  
           (i) the crime involved an aggravating factor that would 
        provide grounds for an upward departure under the sentencing 
        guidelines other than the aggravating factor applicable to 
        repeat criminal sexual conduct convictions; and 
           (ii) the person has a previous sex offense conviction under 
        section 609.342, 609.343, or 609.344. 
           (b) Notwithstanding subdivision 2 and sections 609.342, 
        subdivision 3; and 609.343, subdivision 3, the court may not 
        stay imposition or execution of the sentence required by this 
        subdivision. 
           Subd. 5.  [PREVIOUS SEX OFFENSE CONVICTIONS.] For the 
        purposes of this section, a conviction is considered a previous 
        sex offense conviction if the person was convicted of a sex 
        offense before the commission of the present offense of 
        conviction.  A person has two previous sex offense convictions 
        only if the person was convicted and sentenced for a sex offense 
        committed after the person was earlier convicted and sentenced 
        for a sex offense, both convictions preceded the commission of 
        the present offense of conviction, and 15 years have not elapsed 
        since the person was discharged from the sentence imposed for 
        the second conviction.  A "sex offense" is a violation of 
        sections 609.342 to 609.345 or any similar statute of the United 
        States, this state, or any other state. 
           Subd. 6.  [MINIMUM DEPARTURE FOR SEX OFFENDERS.] The court 
        shall sentence a person to at least twice the presumptive 
        sentence recommended by the sentencing guidelines if: 
           (1) the person is convicted under section 609.342, 
        subdivision 1, clause (c), (d), (e), or (f); 609.343, 
        subdivision 1, clause (c), (d), (e), or (f); or 609.344, 
        subdivision 1, clause (c) or (d); and 
           (2) the court determines on the record at the time of 
        sentencing that the crime involved an aggravating factor that 
        would provide grounds for an upward departure under the 
        sentencing guidelines. 
           Subd. 7.  [CONDITIONAL RELEASE OF SEX OFFENDERS.] (a) 
        Notwithstanding the statutory maximum sentence otherwise 
        applicable to the offense or any provision of the sentencing 
        guidelines, when a court sentences a person to prison for a 
        violation of section 609.342, 609.343, 609.344, or 609.345, the 
        court shall provide that after the person has completed the 
        sentence imposed, the commissioner of corrections shall place 
        the person on conditional release.  If the person was convicted 
        for a violation of section 609.342, 609.343, 609.344, or 
        609.345, the person shall be placed on conditional release for 
        five years, minus the time the person served on supervised 
        release.  If the person was convicted for a violation of one of 
        those sections a second or subsequent time, or sentenced under 
        subdivision 6 to a mandatory departure, the person shall be 
        placed on conditional release for ten years, minus the time the 
        person served on supervised release. 
           (b) The conditions of release may include successful 
        completion of treatment and aftercare in a program approved by 
        the commissioner, satisfaction of the release conditions 
        specified in section 244.05, subdivision 6, and any other 
        conditions the commissioner considers appropriate.  If the 
        offender fails to meet any condition of release, the 
        commissioner may revoke the offender's conditional release and 
        order that the offender serve the remaining portion of the 
        conditional release term in prison.  The commissioner shall not 
        dismiss the offender from supervision before the conditional 
        release term expires. 
           Conditional release under this subdivision is governed by 
        provisions relating to supervised release, except as otherwise 
        provided in this subdivision, section 244.04, subdivision 1, or 
        244.05. 
           (c) The commissioner shall pay the cost of treatment of a 
        person released under this subdivision.  This section does not 
        require the commissioner to accept or retain an offender in a 
        treatment program. 
           Sec. 7.  [609.1095] [INCREASED SENTENCES FOR CERTAIN 
        DANGEROUS AND REPEAT FELONY OFFENDERS.] 
           Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
        the following terms have the meanings given.  
           (b) "Conviction" means any of the following accepted and 
        recorded by the court:  a plea of guilty, a verdict of guilty by 
        a jury, or a finding of guilty by the court.  The term includes 
        a conviction by any court in Minnesota or another jurisdiction.  
           (c) "Prior conviction" means a conviction that occurred 
        before the offender committed the next felony resulting in a 
        conviction and before the offense for which the offender is 
        being sentenced under this section. 
           (d) "Violent crime" means a violation of or an attempt or 
        conspiracy to violate any of the following laws of this state or 
        any similar laws of the United States or any other state:  
        section 609.165; 609.185; 609.19; 609.195; 609.20; 609.205; 
        609.21; 609.221; 609.222; 609.223; 609.228; 609.235; 609.24; 
        609.245; 609.25; 609.255; 609.2661; 609.2662; 609.2663; 
        609.2664; 609.2665; 609.267; 609.2671; 609.268; 609.342; 
        609.343; 609.344; 609.345; 609.498, subdivision 1; 609.561; 
        609.562; 609.582, subdivision 1; 609.66, subdivision 1e; 
        609.687; 609.855, subdivision 5; any provision of sections 
        609.229; 609.377; 609.378; 609.749; and 624.713 that is 
        punishable by a felony penalty; or any provision of chapter 152 
        that is punishable by a maximum sentence of 15 years or more. 
           Subd. 2.  [INCREASED SENTENCES FOR DANGEROUS OFFENDER WHO 
        COMMITS A THIRD VIOLENT CRIME.] Whenever a person is convicted 
        of a violent crime that is a felony, and the judge is imposing 
        an executed sentence based on a sentencing guidelines 
        presumptive imprisonment sentence, the judge may impose an 
        aggravated durational departure from the presumptive 
        imprisonment sentence up to the statutory maximum sentence if 
        the offender was at least 18 years old at the time the felony 
        was committed, and: 
           (1) the court determines on the record at the time of 
        sentencing that the offender has two or more prior convictions 
        for violent crimes; and 
           (2) the court finds that the offender is a danger to public 
        safety and specifies on the record the basis for the finding, 
        which may include: 
           (i) the offender's past criminal behavior, such as the 
        offender's high frequency rate of criminal activity or juvenile 
        adjudications, or long involvement in criminal activity 
        including juvenile adjudications; or 
           (ii) the fact that the present offense of conviction 
        involved an aggravating factor that would justify a durational 
        departure under the sentencing guidelines. 
           Subd. 3.  [MANDATORY SENTENCE FOR DANGEROUS OFFENDER WHO 
        COMMITS A THIRD VIOLENT FELONY.] (a) Unless a longer mandatory 
        minimum sentence is otherwise required by law or the court 
        imposes a longer aggravated durational departure under 
        subdivision 2, a person who is convicted of a violent crime that 
        is a felony must be committed to the commissioner of corrections 
        for a mandatory sentence of at least the length of the 
        presumptive sentence under the sentencing guidelines if the 
        court determines on the record at the time of sentencing that 
        the person has two or more prior felony convictions for violent 
        crimes.  The court shall impose and execute the prison sentence 
        regardless of whether the guidelines presume an executed prison 
        sentence.  
           Any person convicted and sentenced as required by this 
        subdivision is not eligible for probation, parole, discharge, or 
        work release, until that person has served the full term of 
        imprisonment imposed by the court, notwithstanding sections 
        241.26, 242.19, 243.05, 244.04, 609.12, and 609.135.  
           (b) For purposes of this subdivision, "violent crime" does 
        not include a violation of section 152.023 or 152.024. 
           Subd. 4.  [INCREASED SENTENCE FOR OFFENDER WHO COMMITS A 
        SIXTH FELONY.] Whenever a person is convicted of a felony, and 
        the judge is imposing an executed sentence based on a sentencing 
        guidelines presumptive imprisonment sentence, the judge may 
        impose an aggravated durational departure from the presumptive 
        sentence up to the statutory maximum sentence if the judge finds 
        and specifies on the record that the offender has five or more 
        prior felony convictions and that the present offense is a 
        felony that was committed as part of a pattern of criminal 
        conduct. 
           Sec. 8.  Minnesota Statutes 1996, section 609.347, 
        subdivision 1, is amended to read: 
           Subdivision 1.  In a prosecution under sections 609.109 or 
        609.342 to 609.346 609.3451, the testimony of a victim need not 
        be corroborated. 
           Sec. 9.  Minnesota Statutes 1996, section 609.347, 
        subdivision 2, is amended to read: 
           Subd. 2.  In a prosecution under sections 609.109 or 
        609.342 to 609.346 609.3451, there is no need to show that the 
        victim resisted the accused.  
           Sec. 10.  Minnesota Statutes 1996, section 609.347, 
        subdivision 3, is amended to read: 
           Subd. 3.  In a prosecution under sections 609.109, 609.342 
        to 609.346 609.3451, or 609.365, evidence of the victim's 
        previous sexual conduct shall not be admitted nor shall any 
        reference to such conduct be made in the presence of the jury, 
        except by court order under the procedure provided in 
        subdivision 4.  The evidence can be admitted only if the 
        probative value of the evidence is not substantially outweighed 
        by its inflammatory or prejudicial nature and only in the 
        circumstances set out in paragraphs (a) and (b).  For the 
        evidence to be admissible under paragraph (a), subsection (i), 
        the judge must find by a preponderance of the evidence that the 
        facts set out in the accused's offer of proof are true.  For the 
        evidence to be admissible under paragraph (a), subsection (ii) 
        or paragraph (b), the judge must find that the evidence is 
        sufficient to support a finding that the facts set out in the 
        accused's offer of proof are true, as provided under Rule 901 of 
        the Rules of Evidence. 
           (a) When consent of the victim is a defense in the case, 
        the following evidence is admissible: 
           (i) evidence of the victim's previous sexual conduct 
        tending to establish a common scheme or plan of similar sexual 
        conduct under circumstances similar to the case at issue.  In 
        order to find a common scheme or plan, the judge must find that 
        the victim made prior allegations of sexual assault which were 
        fabricated; and 
           (ii) evidence of the victim's previous sexual conduct with 
        the accused.  
           (b) When the prosecution's case includes evidence of semen, 
        pregnancy, or disease at the time of the incident or, in the 
        case of pregnancy, between the time of the incident and trial, 
        evidence of specific instances of the victim's previous sexual 
        conduct is admissible solely to show the source of the semen, 
        pregnancy, or disease. 
           Sec. 11.  Minnesota Statutes 1996, section 609.347, 
        subdivision 5, is amended to read: 
           Subd. 5.  In a prosecution under sections 609.109 or 
        609.342 to 609.346 609.3451, the court shall not instruct the 
        jury to the effect that: 
           (a) It may be inferred that a victim who has previously 
        consented to sexual intercourse with persons other than the 
        accused would be therefore more likely to consent to sexual 
        intercourse again; or 
           (b) The victim's previous or subsequent sexual conduct in 
        and of itself may be considered in determining the credibility 
        of the victim; or 
           (c) Criminal sexual conduct is a crime easily charged by a 
        victim but very difficult to disprove by an accused because of 
        the heinous nature of the crime; or 
           (d) The jury should scrutinize the testimony of the victim 
        any more closely than it should scrutinize the testimony of any 
        witness in any felony prosecution.  
           Sec. 12.  Minnesota Statutes 1996, section 609.347, 
        subdivision 6, is amended to read: 
           Subd. 6.  (a) In a prosecution under sections 609.109 or 
        609.342 to 609.346 609.3451 involving a psychotherapist and 
        patient, evidence of the patient's personal or medical history 
        is not admissible except when:  
           (1) the accused requests a hearing at least three business 
        days prior to trial and makes an offer of proof of the relevancy 
        of the history; and 
           (2) the court finds that the history is relevant and that 
        the probative value of the history outweighs its prejudicial 
        value.  
           (b) The court shall allow the admission only of specific 
        information or examples of conduct of the victim that are 
        determined by the court to be relevant.  The court's order shall 
        detail the information or conduct that is admissible and no 
        other evidence of the history may be introduced. 
           (c) Violation of the terms of the order is grounds for 
        mistrial but does not prevent the retrial of the accused.  
           Sec. 13.  Minnesota Statutes 1996, section 609.348, is 
        amended to read: 
           609.348 [MEDICAL PURPOSES; EXCLUSION.] 
           Sections 609.109 and 609.342 to 609.346 609.3451 do not 
        apply to sexual penetration or sexual contact when done for a 
        bona fide medical purpose. 
           Sec. 14.  Minnesota Statutes 1996, section 631.045, is 
        amended to read: 
           631.045 [EXCLUDING SPECTATORS FROM THE COURTROOM.] 
           At the trial of a complaint or indictment for a violation 
        of sections 609.109, 609.341 to 609.346 609.3451, or 617.246, 
        subdivision 2, when a minor under 18 years of age is the person 
        upon, with, or against whom the crime is alleged to have been 
        committed, the judge may exclude the public from the courtroom 
        during the victim's testimony or during all or part of the 
        remainder of the trial upon a showing that closure is necessary 
        to protect a witness or ensure fairness in the trial.  The judge 
        shall give the prosecutor, defendant and members of the public 
        the opportunity to object to the closure before a closure order. 
        The judge shall specify the reasons for closure in an order 
        closing all or part of the trial.  Upon closure the judge shall 
        only admit persons who have a direct interest in the case.  
           Sec. 15.  [REVISOR'S INSTRUCTION.] 
           In each section of Minnesota Statutes referred to in column 
        A, the revisor of statutes shall delete the reference in column 
        B and insert the reference in column C. 
              Column A                Column B       Column C
              171.3215, subd. 4       609.152        609.1095
              241.67, subd. 3         609.1352       609.108
              243.166, subd. 1        609.1352       609.108
              244.04, subd. 1         609.1352       609.108
              244.04, subd. 1         609.346        609.109
              244.05, subd. 1         609.1352       609.108
              244.05, subd. 3         609.1352       609.108
              244.05, subd. 4         609.184        609.106
              244.05, subd. 4         609.346        609.109 
              244.05, subd. 5         609.346        609.109
              244.05, subd. 6         609.1352       609.108
              244.05, subd. 7         609.1352       609.108
              244.08, subd. 1         609.346        609.109
              244.08, subd. 2         609.346        609.109
              609.1351                609.1352       609.108
              609.196                 609.184        609.106
              609.342, subd. 2        609.346        609.109
              609.342, subd. 3        609.346        609.109
              609.343, subd. 2        609.346        609.109
              609.345, subd. 3        609.346        609.109
              609.3461, subd. 1       609.1352       609.108
              609.3461, subd. 2       609.1352       609.108
              609.713, subd. 1        609.152        609.1095
              611A.19, subd. 1        609.152        609.1095
           The revisor shall make any other cross-reference changes in 
        the next edition of Minnesota Statutes that are necessary to 
        implement the recodification of laws contained in sections 3 to 
        7 and 16, and if Minnesota Statutes, chapter 609, is further 
        amended in the 1998 legislative session, the revisor shall 
        codify the amendments in a manner consistent with this 
        recodification. 
           Sec. 16.  [REPEALER.] 
           Minnesota Statutes 1996, sections 609.1352; 609.152; 
        609.184; 609.196; and 609.346, are repealed. 
           Sec. 17.  [EFFECTIVE DATE.] 
           Sections 1 to 16 are effective August 1, 1998. 
                                   ARTICLE 7 
                  PRETRIAL AND CONDITIONAL RELEASE PROVISIONS 
           Section 1.  Minnesota Statutes 1996, section 243.05, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CONDITIONAL RELEASE.] (a) The commissioner 
        of corrections may parole any person sentenced to confinement in 
        any state correctional facility for adults under the control of 
        the commissioner of corrections, provided that:  
           (a) (1) no inmate serving a life sentence for committing 
        murder before May 1, 1980, other than murder committed in 
        violation of clause (1) of section 609.185 who has not been 
        previously convicted of a felony shall be paroled without having 
        served 20 years, less the diminution that would have been 
        allowed for good conduct had the sentence been for 20 years; 
           (b) (2) no inmate serving a life sentence for committing 
        murder before May 1, 1980, who has been previously convicted of 
        a felony or though not previously convicted of a felony is 
        serving a life sentence for murder in the first degree committed 
        in violation of clause (1) of section 609.185 shall be paroled 
        without having served 25 years, less the diminution which would 
        have been allowed for good conduct had the sentence been for 25 
        years; 
           (c) (3) any inmate sentenced prior to September 1, 1963, 
        who would be eligible for parole had the inmate been sentenced 
        after September 1, 1963, shall be eligible for parole; and 
           (d) (4) any new rule or policy or change of rule or policy 
        adopted by the commissioner of corrections which has the effect 
        of postponing eligibility for parole has prospective effect only 
        and applies only with respect to persons committing offenses 
        after the effective date of the new rule or policy or change.  
           (b) Upon being paroled and released, an inmate is and 
        remains in the legal custody and under the control of the 
        commissioner, subject at any time to be returned to a facility 
        of the department of corrections established by law for the 
        confinement or treatment of convicted persons and the parole 
        rescinded by the commissioner.  
           (c) The written order of the commissioner of corrections, 
        is sufficient authority for any peace officer, state 
        correctional investigator, or state parole and probation agent 
        to retake and place in actual custody any person on parole or 
        supervised release, but.  In addition, when it appears necessary 
        in order to prevent escape or enforce discipline, any state 
        parole and probation agent or state correctional investigator 
        may, without order of warrant, when it appears necessary in 
        order to prevent escape or enforce discipline, take and detain a 
        parolee or person on supervised release or work release and 
        bring the person to the commissioner for action.  
           (d) The written order of the commissioner of corrections is 
        sufficient authority for any peace officer, state correctional 
        investigator, or state parole and probation agent to retake and 
        place in actual custody any person on probation under the 
        supervision of the commissioner pursuant to section 609.135, 
        but.  Additionally, when it appears necessary in order to 
        prevent escape or enforce discipline, any state parole and 
        probation agent or state correctional investigator may, without 
        an order, when it appears necessary in order to prevent escape 
        or enforce discipline, retake and detain a probationer and bring 
        the probationer before the court for further proceedings under 
        section 609.14.  
           (e) The written order of the commissioner of corrections is 
        sufficient authority for any peace officer, state correctional 
        investigator, or state parole and probation agent to detain any 
        person on pretrial release who absconds from pretrial release or 
        fails to abide by the conditions of pretrial release.  
           (f) Persons conditionally released, and those on probation 
        under the supervision of the commissioner of corrections 
        pursuant to section 609.135 may be placed within or outside the 
        boundaries of the state at the discretion of the commissioner of 
        corrections or the court, and the limits fixed for these persons 
        may be enlarged or reduced according to their conduct. 
           (g) Except as otherwise provided in subdivision 1b, in 
        considering applications for conditional release or discharge, 
        the commissioner is not required to hear oral argument from any 
        attorney or other person not connected with an adult 
        correctional facility of the department of corrections in favor 
        of or against the parole or release of any inmates, but.  The 
        commissioner may institute inquiries by correspondence, taking 
        testimony, or otherwise, as to the previous history, physical or 
        mental condition, and character of the inmate, and, to that end 
        shall have, has the authority to require the attendance of the 
        chief executive officer of any state adult correctional facility 
        and the production of the records of these facilities, and to 
        compel the attendance of witnesses.  The commissioner is 
        authorized to administer oaths to witnesses for these purposes. 
           (h) Unless the district court directs otherwise, state 
        parole and probation agents may require a person who is under 
        the supervision of the commissioner of corrections to perform 
        community work service for violating a condition of probation 
        imposed by the court.  Community work service may be imposed for 
        the purpose of protecting the public, to aid the offender's 
        rehabilitation, or both.  Agents may impose up to eight hours of 
        community work service for each violation and up to a total of 
        24 hours per offender per 12-month period, beginning with the 
        date on which community work service is first imposed.  The 
        commissioner may authorize an additional 40 hours of community 
        work services, for a total of 64 hours per offender per 12-month 
        period, beginning with the date on which community work service 
        is first imposed.  At the time community work service is 
        imposed, parole and probation agents are required to provide 
        written notice to the offender that states: 
           (1) the condition of probation that has been violated; 
           (2) the number of hours of community work service imposed 
        for the violation; and 
           (3) the total number of hours of community work service 
        imposed to date in the 12-month period. 
           An offender may challenge the imposition of community work 
        service by filing a petition in district court.  An offender 
        must file the petition within five days of receiving written 
        notice that community work service is being imposed.  If the 
        offender challenges the imposition of community work service, 
        the state bears the burden of showing, by a preponderance of the 
        evidence, that the imposition of community work service is 
        reasonable under the circumstances.  
           Community work service includes sentencing to service.  
           Sec. 2.  Minnesota Statutes 1997 Supplement, section 
        244.19, is amended by adding a subdivision to read: 
           Subd. 3a.  [INTERMEDIATE SANCTIONS.] Unless the district 
        court directs otherwise, county probation officers may require a 
        person committed to the officer's care by the court to perform 
        community work service for violating a condition of probation 
        imposed by the court.  Community work service may be imposed for 
        the purpose of protecting the public, to aid the offender's 
        rehabilitation, or both.  County probation officers may impose 
        up to eight hours of community work service for each violation 
        and up to a total of 24 hours per offender per 12-month period, 
        beginning with the date on which community work service is first 
        imposed.  The court services director may authorize an 
        additional 40 hours of community work services, for a total of 
        64 hours per offender per 12-month period, beginning on the date 
        on which community work service is first imposed.  At the time 
        community work service is imposed, county probation agents are 
        required to provide written notice to the offender that states: 
           (1) the condition of probation that has been violated; 
           (2) the number of hours of community work service imposed 
        for the violation; and 
           (3) the total number of hours of community work service 
        imposed to date in the 12-month period. 
           An offender may challenge the imposition of community work 
        service by filing a petition in district court.  An offender 
        must file the petition within five days of receiving written 
        notice that community work service is being imposed.  If the 
        offender challenges the imposition of community work service, 
        the state bears the burden of showing, by a preponderance of the 
        evidence, that the imposition of community work service is 
        reasonable under the circumstances.  
           Community work service includes sentencing to service.  
           Sec. 3.  [244.195] [DETENTION AND RELEASE; PROBATIONERS, 
        CONDITIONAL RELEASEES, AND PRETRIAL RELEASEES.] 
           Subdivision 1.  [DEFINITIONS.] (a) As used in this 
        subdivision, the following terms have the meanings given them. 
           (b) "Commissioner" means the commissioner of corrections. 
           (c) "Conditional release" means parole, supervised release, 
        conditional release as authorized by section 609.108, 
        subdivision 6, or 609.109, subdivision 7, work release as 
        authorized by sections 241.26, 244.065, and 631.425, probation, 
        furlough, and any other authorized temporary release from a 
        correctional facility. 
           (d) "Court services director" means the director or 
        designee of a county probation agency that is not organized 
        under chapter 401. 
           (e) "Detain" means to take into actual custody, including 
        custody within a local correctional facility. 
           (f) "Local correctional facility" has the meaning given in 
        section 241.021, subdivision 1. 
           (g) "Release" means to release from actual custody. 
           Subd. 2.  [DETENTION PENDING HEARING.] When it appears 
        necessary to enforce discipline or to prevent a person on 
        conditional release from escaping or absconding from 
        supervision, a court services director has the authority to 
        issue a written order directing any peace officer in the county 
        or any county probation officer serving the district and 
        juvenile courts of the county to detain and bring the person 
        before the court or the commissioner, whichever is appropriate, 
        for disposition.  This written order is sufficient authority for 
        the peace officer or probation officer to detain the person for 
        not more than 72 hours, excluding Saturdays, Sundays, and 
        holidays, pending a hearing before the court or the commissioner.
           Subd. 3.  [RELEASE BEFORE HEARING.] A court services 
        director has the authority to issue a written order directing a 
        county probation officer serving the district and juvenile 
        courts of the county to release a person detained under 
        subdivision 2 within 72 hours, excluding Saturdays, Sundays, and 
        holidays, without an appearance before the court or the 
        commissioner.  This written order is sufficient authority for 
        the county probation officer to release the detained person. 
           Subd. 4.  [DETENTION OF PRETRIAL RELEASEE.] A court 
        services director has the authority to issue a written order 
        directing any peace officer in the county or any probation 
        officer serving the district and juvenile courts of the county 
        to detain any person on court-ordered pretrial release who 
        absconds from pretrial release or fails to abide by the 
        conditions of pretrial release.  A written order issued under 
        this subdivision is sufficient authority for the peace officer 
        or probation officer to detain the person. 
           Subd. 5.  [DETENTION BY STATE CORRECTIONAL INVESTIGATOR, OR 
        BY PEACE OFFICER OR PROBATION OFFICER FROM OTHER COUNTY.] (a) A 
        court services director has the authority to issue a written 
        order directing any state correctional investigator or any peace 
        officer, probation officer, or county probation officer from 
        another county to detain a person under sentence or on probation 
        who: 
           (1) fails to report to serve a sentence at a local 
        correctional facility; 
           (2) fails to return from furlough or authorized temporary 
        release from a local correctional facility; 
           (3) escapes from a local correctional facility; or 
           (4) absconds from court-ordered home detention. 
           (b) A court services director has the authority to issue a 
        written order directing any state correctional investigator or 
        any peace officer, probation officer, or county probation 
        officer from another county to detain any person on 
        court-ordered pretrial release who absconds from pretrial 
        release or fails to abide by the conditions of pretrial release. 
           (c) A written order issued under paragraph (a) or (b) is 
        sufficient authority for the state correctional investigator, 
        peace officer, probation officer, or county probation officer to 
        detain the person. 
           Sec. 4.  Minnesota Statutes 1996, section 299C.06, is 
        amended to read: 
           299C.06 [DIVISION POWERS AND DUTIES; LOCAL OFFICERS TO 
        COOPERATE.] 
           It shall be the duty of all sheriffs, chiefs of police, 
        city marshals, constables, prison wardens, superintendents of 
        insane hospitals, reformatories and correctional schools, 
        probation and parole officers, school attendance officers, 
        coroners, county attorneys, court clerks, the commissioner of 
        public safety, the commissioner of transportation, and the state 
        fire marshal to furnish to the division statistics and 
        information regarding the number of crimes reported and 
        discovered, arrests made, complaints, informations, and 
        indictments, filed and the disposition made of same, pleas, 
        convictions, acquittals, probations granted or 
        denied, conditional release information, receipts, transfers, 
        and discharges to and from prisons, reformatories, correctional 
        schools, and other institutions, paroles granted and revoked, 
        commutation of sentences and pardons granted and rescinded, and 
        all other data useful in determining the cause and amount of 
        crime in this state and to form a basis for the study of crime, 
        police methods, court procedure, and penal problems. Such 
        statistics and information shall be furnished upon the request 
        of the division and upon such forms as may be prescribed and 
        furnished by it.  The division shall have the power to inspect 
        and prescribe the form and substance of the records kept by 
        those officials from which the information is so furnished. 
           Sec. 5.  Minnesota Statutes 1996, section 299C.09, is 
        amended to read: 
           299C.09 [SYSTEM FOR IDENTIFICATION OF CRIMINALS; RECORDS 
        AND INDEXES.] 
           The bureau shall install systems for identification of 
        criminals, including the fingerprint system, the modus operandi 
        system, the conditional release data system, and such others as 
        the superintendent deems proper.  The bureau shall keep a 
        complete record and index of all information received in 
        convenient form for consultation and comparison.  The bureau 
        shall obtain from wherever procurable and file for record finger 
        and thumb prints, measurements, photographs, plates, outline 
        pictures, descriptions, modus operandi statements, conditional 
        release information, or such other information as the 
        superintendent considers necessary, of persons who have been or 
        shall hereafter be convicted of a felony, gross misdemeanor, or 
        an attempt to commit a felony or gross misdemeanor, within the 
        state, or who are known to be habitual criminals.  To the extent 
        that the superintendent may determine it to be necessary, the 
        bureau shall obtain like information concerning persons 
        convicted of a crime under the laws of another state or 
        government, the central repository of this records system is the 
        bureau of criminal apprehension in St. Paul. 
           Sec. 6.  [299C.147] [CONDITIONAL RELEASE DATA SYSTEM.] 
           Subdivision 1.  [DEFINITION.] As used in this section, 
        "conditional release" means probation, conditional release, and 
        supervised release. 
           Subd. 2.  [ESTABLISHMENT.] The bureau shall administer and 
        maintain a computerized data system for the purpose of assisting 
        criminal justice agencies in monitoring and enforcing the 
        conditions of conditional release imposed on criminal offenders 
        by a sentencing court or the commissioner of corrections.  The 
        data in the system are private data as defined in section 13.02, 
        subdivision 12, but are accessible to criminal justice agencies 
        as defined in section 13.02, subdivision 3a, and to criminal 
        justice agencies in other states in the conduct of their 
        official duties.  
           Subd. 3.  [AUTHORITY TO ENTER OR RETRIEVE DATA.] Only 
        criminal justice agencies may submit data to and obtain data 
        from the conditional release data system.  The commissioner of 
        corrections may require that any or all information be submitted 
        to the conditional release data system.  A consent to the 
        release of data in the conditional release data system from the 
        individual who is the subject of the data is not effective.  
           Subd. 4.  [PROCEDURES.] The bureau shall adopt procedures 
        to provide for the orderly collection, entry, retrieval, and 
        deletion of data contained in the conditional release data 
        system. 
           Sec. 7.  Minnesota Statutes 1997 Supplement, section 
        401.01, subdivision 2, is amended to read: 
           Subd. 2.  [DEFINITIONS.] (a) For the purposes of sections 
        401.01 to 401.16, the following terms shall have the meanings 
        given them:.  
           (b) "CCA county" means a county that participates in the 
        Community Corrections Act. 
           (c) "Commissioner" means the commissioner of corrections or 
        a designee;. 
           (c) (d) "Conditional release" means parole, supervised 
        release, conditional release as authorized by section 609.108, 
        subdivision 6, or 609.109, subdivision 7, work release as 
        authorized by sections 241.26 and, 244.065, and includes 
        631.425, probation;, furlough, and any other authorized 
        temporary release from a correctional facility. 
           (e) "County probation officer" means a probation officer 
        appointed under section 244.19. 
           (f) "Detain" means to take into actual custody, including 
        custody within a local correctional facility. 
           (d) (g) "Joint board" means the board provided in section 
        471.59;. 
           (h) "Local correctional facility" has the meaning given in 
        section 241.021, subdivision 1. 
           (e) (i) "Local correctional service" means those services 
        authorized by and employees, officers, and agents appointed 
        under section 244.19, subdivision 1. 
           (j) "Release" means to release from actual custody. 
           Sec. 8.  Minnesota Statutes 1996, section 401.02, is 
        amended by adding a subdivision to read: 
           Subd. 5.  [INTERMEDIATE SANCTIONS.] Unless the district 
        court directs otherwise, county probation officers may require a 
        person committed to the officer's care by the court to perform 
        community work service for violating a condition of probation 
        imposed by the court.  Community work service may be imposed for 
        the purpose of protecting the public, to aid the offender's 
        rehabilitation, or both.  Probation officers may impose up to 
        eight hours of community work service for each violation and up 
        to a total of 24 hours per offender per 12-month period, 
        beginning on the date on which community work service is first 
        imposed.  The chief executive officer of a community corrections 
        agency may authorize an additional 40 hours of community work 
        service, for a total of 64 hours per offender per 12-month 
        period, beginning with the date on which community work service 
        is first imposed.  At the time community work service is 
        imposed, probation officers are required to provide written 
        notice to the offender that states: 
           (1) the condition of probation that has been violated; 
           (2) the number of hours of community work service imposed 
        for the violation; and 
           (3) the total number of hours of community work service 
        imposed to date in the 12-month period. 
           An offender may challenge the imposition of community work 
        service by filing a petition in district court.  An offender 
        must file the petition within five days of receiving written 
        notice that community work service is being imposed.  If the 
        offender challenges the imposition of community work service, 
        the state bears the burden of showing, by a preponderance of the 
        evidence, that the imposition of community work service is 
        reasonable under the circumstances.  
           Community work service includes sentencing to service.  
           Sec. 9.  [401.025] [DETENTION AND RELEASE; PROBATIONERS, 
        CONDITIONAL RELEASEES, AND PRETRIAL RELEASEES.] 
           Subdivision 1.  [PEACE OFFICERS AND PROBATION OFFICERS 
        SERVING CCA COUNTIES.] (a) When it appears necessary to enforce 
        discipline or to prevent a person on conditional release from 
        escaping or absconding from supervision, the chief executive 
        officer or designee of a community corrections agency in a CCA 
        county has the authority to issue a written order directing any 
        peace officer in the county or any probation officer serving the 
        district and juvenile courts of the county to detain and bring 
        the person before the court or the commissioner, whichever is 
        appropriate, for disposition.  This written order is sufficient 
        authority for the peace officer or probation officer to detain 
        the person for not more than 72 hours, excluding Saturdays, 
        Sundays, and holidays, pending a hearing before the court or the 
        commissioner. 
           (b) The chief executive officer or designee of a community 
        corrections agency in a CCA county has the authority to issue a 
        written order directing a probation officer serving the district 
        and juvenile courts of the county to release a person detained 
        under paragraph (a) within 72 hours, excluding Saturdays, 
        Sundays, and holidays, without an appearance before the court or 
        the commissioner.  This written order is sufficient authority 
        for the probation officer to release the detained person. 
           (c) The chief executive officer or designee of a community 
        corrections agency in a CCA county has the authority to issue a 
        written order directing any peace officer in the county or any 
        probation officer serving the district and juvenile courts of 
        the county to detain any person on court-ordered pretrial 
        release who absconds from pretrial release or fails to abide by 
        the conditions of pretrial release.  A written order issued 
        under this paragraph is sufficient authority for the peace 
        officer or probation officer to detain the person. 
           Subd. 2.  [PEACE OFFICERS AND PROBATION OFFICERS IN OTHER 
        COUNTIES AND STATE CORRECTIONAL INVESTIGATORS.] (a) The chief 
        executive officer or designee of a community corrections agency 
        in a CCA county has the authority to issue a written order 
        directing any state correctional investigator or any peace 
        officer, probation officer, or county probation officer from 
        another county to detain a person under sentence or on probation 
        who: 
           (1) fails to report to serve a sentence at a local 
        correctional facility; 
           (2) fails to return from furlough or authorized temporary 
        release from a local correctional facility; 
           (3) escapes from a local correctional facility; or 
           (4) absconds from court-ordered home detention. 
           (b) The chief executive officer or designee of a community 
        corrections agency in a CCA county has the authority to issue a 
        written order directing any state correctional investigator or 
        any peace officer, probation officer, or county probation 
        officer from another county to detain any person on 
        court-ordered pretrial release who absconds from pretrial 
        release or fails to abide by the conditions of pretrial release. 
           (c) A written order issued under paragraph (a) or (b) is 
        sufficient authority for the state correctional investigator, 
        peace officer, probation officer, or county probation officer to 
        detain the person. 
           Subd. 3.  [OFFENDERS UNDER DEPARTMENT OF CORRECTIONS 
        COMMITMENT.] CCA counties shall comply with the policies 
        prescribed by the commissioner when providing supervision and 
        other correctional services to persons conditionally released 
        pursuant to sections 241.26, 242.19, 243.05, 243.16, 244.05, and 
        244.065, including intercounty transfer of persons on 
        conditional release and the conduct of presentence 
        investigations.  
           Sec. 10.  Minnesota Statutes 1997 Supplement, section 
        609.135, subdivision 1, is amended to read: 
           Subdivision 1.  [TERMS AND CONDITIONS.] (a) Except when a 
        sentence of life imprisonment is required by law, or when a 
        mandatory minimum sentence is required by section 609.11, any 
        court may stay imposition or execution of sentence and: 
           (1) may order intermediate sanctions without placing the 
        defendant on probation; or 
           (2) may place the defendant on probation with or without 
        supervision and on the terms the court prescribes, including 
        intermediate sanctions when practicable.  The court may order 
        the supervision to be under the probation officer of the court, 
        or, if there is none and the conviction is for a felony or gross 
        misdemeanor, by the commissioner of corrections, or in any case 
        by some other suitable and consenting person.  Unless the court 
        directs otherwise, state parole and probation agents and 
        probation officers may impose community work service for an 
        offender's probation violation, consistent with section 243.05, 
        subdivision 1; 244.19, subdivision 3a; or 401.02, subdivision 5. 
           No intermediate sanction may be ordered performed at a 
        location that fails to observe applicable requirements or 
        standards of chapter 181A or 182, or any rule promulgated under 
        them.  
           (b) For purposes of this subdivision, subdivision 6, and 
        section 609.14, the term "intermediate sanctions" includes but 
        is not limited to incarceration in a local jail or workhouse, 
        home detention, electronic monitoring, intensive probation, 
        sentencing to service, reporting to a day reporting center, 
        chemical dependency or mental health treatment or counseling, 
        restitution, fines, day-fines, community work service, work 
        service in a restorative justice program, work in lieu of or to 
        work off fines and, with the victim's consent, work in lieu of 
        or to work off restitution.  
           (c) A court may not stay the revocation of the driver's 
        license of a person convicted of violating the provisions of 
        section 169.121. 
           Sec. 11.  Minnesota Statutes 1996, section 629.34, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PEACE OFFICERS AND CONSTABLES.] (a) A 
        peace officer, as defined in section 626.84, subdivision 1, 
        clause (c), or a constable, as defined in section 367.40, 
        subdivision 3, who is on or off duty within the jurisdiction of 
        the appointing authority, or on duty outside the jurisdiction of 
        the appointing authority pursuant to section 629.40, may arrest 
        a person without a warrant as provided under paragraph (c). 
           (b) A part-time peace officer, as defined in section 
        626.84, subdivision 1, clause (f), who is on duty within the 
        jurisdiction of the appointing authority, or on duty outside the 
        jurisdiction of the appointing authority pursuant to section 
        629.40 may arrest a person without a warrant as provided under 
        paragraph (c).  
           (c) A peace officer, constable, or part-time peace officer 
        who is authorized under paragraph (a) or (b) to make an arrest 
        without a warrant may do so under the following circumstances: 
           (1) when a public offense has been committed or attempted 
        in the officer's or constable's presence; 
           (2) when the person arrested has committed a felony, 
        although not in the officer's or constable's presence; 
           (3) when a felony has in fact been committed, and the 
        officer or constable has reasonable cause for believing the 
        person arrested to have committed it; 
           (4) upon a charge based upon reasonable cause of the 
        commission of a felony by the person arrested; 
           (5) under the circumstances described in clause (2), (3), 
        or (4), when the offense is a gross misdemeanor violation of 
        section 609.52, 609.595, 609.631, 609.749, or 609.821; or 
           (6) under circumstances described in clause (2), (3), or 
        (4), when the offense is a nonfelony violation of a restraining 
        order or no contact order previously issued by a court. 
           (d) To make an arrest authorized under this subdivision, 
        the officer or constable may break open an outer or inner door 
        or window of a dwelling house if, after notice of office and 
        purpose, the officer or constable is refused admittance. 
           Sec. 12.  [629.355] [PEACE OFFICER AUTHORITY TO DETAIN 
        PERSON ON CONDITIONAL RELEASE.] 
           (a) A peace officer may detain a person on conditional 
        release upon probable cause that the person has violated a 
        condition of release.  "Conditional release" has the meaning 
        given in section 401.01, subdivision 2.  
           (b) Except as provided in paragraph (c), no person may be 
        detained longer than the period provided in rule 27.04 of the 
        Rules of Criminal Procedure.  The detaining peace officer shall 
        provide a detention report to the agency supervising the person 
        as soon as possible.  The detention by the peace officer may not 
        exceed eight hours without the approval of the supervising 
        agency.  The supervising agency may release the person without 
        commencing revocation proceedings or commence revocation 
        proceedings under rule 27.04 of the Rules of Criminal Procedure. 
           (c) A person detained under paragraph (a) who is on 
        supervised release or parole may not be detained longer than 72 
        hours.  The detaining peace officer shall provide a detention 
        report to the commissioner of corrections as soon as possible.  
        The detention by the peace officer may not exceed eight hours 
        without the approval of the commissioner or a designee.  The 
        commissioner may release the person without commencing 
        revocation proceedings or request a hearing before the hearings 
        and release division. 
           Sec. 13.  [SUPREME COURT REQUESTED TO AMEND RULES OF 
        CRIMINAL PROCEDURE.] 
           The supreme court is requested to amend Rule 6.02 of the 
        Rules of Criminal Procedure to allow a court, judge, or judicial 
        officer to consider the safety of any person or the community 
        when imposing a condition of release or combination of 
        conditions of release on an offender who is released before 
        trial. 
           Sec. 14.  [RELEASEE PLAN.] 
           By August 1, 1998, the department of corrections, each 
        county probation agency, and each community corrections act 
        agency, in consultation with local law enforcement agencies, 
        shall develop a plan to provide local law enforcement agencies 
        with relevant information concerning conditional releasees, 
        their terms of release, their offense history, and other factors 
        that present a risk of violation of the terms and conditions of 
        their release.  This plan shall include strategies to identify 
        those offenders most likely to violate the terms of release on 
        an ongoing basis and methods to ensure compliance with the terms 
        of release by those releasees.  
           Sec. 15.  [REPEALER.] 
           Minnesota Statutes 1996, section 401.02, subdivision 4; and 
        Minnesota Statutes 1997 Supplement, section 244.19, subdivision 
        3a, are repealed. 
           Sec. 16.  [EFFECTIVE DATE.] 
           Sections 1 to 3 and 7 to 15 are effective August 1, 1998, 
        and apply to acts occurring on or after that date. 
                                   ARTICLE 8 
                          COURTS AND PUBLIC DEFENDERS 
           Section 1.  Minnesota Statutes 1997 Supplement, section 
        97A.065, subdivision 2, is amended to read: 
           Subd. 2.  [FINES AND FORFEITED BAIL.] (a) Fines and 
        forfeited bail collected from prosecutions of violations of:  
        the game and fish laws; sections 84.091 to 84.15; sections 84.81 
        to 84.88 84.91; section 169.121, when the violation involved an 
        off-road recreational vehicle as defined in section 169.01, 
        subdivision 86; chapter 348; and any other law relating to wild 
        animals or aquatic vegetation, must be paid to the treasurer of 
        the county where the violation is prosecuted.  The county 
        treasurer shall submit one-half of the receipts to the 
        commissioner and credit the balance to the county general 
        revenue fund except as provided in paragraphs (b), (c), and (d). 
           (b) The commissioner must reimburse a county, from the game 
        and fish fund, for the cost of keeping prisoners prosecuted for 
        violations under this section if the county board, by 
        resolution, directs:  (1) the county treasurer to submit all 
        fines and forfeited bail to the commissioner; and (2) the county 
        auditor to certify and submit monthly itemized statements to the 
        commissioner.  
           (c) The county treasurer shall indicate the amount of the 
        receipts that are assessments or surcharges imposed under 
        section 609.101 and shall submit all of those receipts to the 
        commissioner.  The receipts must be credited to the game and 
        fish fund to provide peace officer training for persons employed 
        by the commissioner who are licensed under section 626.84, 
        subdivision 1, clause (c), and who possess peace officer 
        authority for the purpose of enforcing game and fish laws. 
           (d) The county treasurer shall submit one-half of the 
        receipts collected under paragraph (a) from prosecutions of 
        violations of sections 84.81 to 84.91, and 169.121, including 
        except receipts that are assessments or surcharges imposed under 
        section 609.101 357.021, subdivision 6, to the commissioner 
        state treasurer and credit the balance to the county general 
        fund.  The commissioner state treasurer shall credit these 
        receipts to the snowmobile trails and enforcement account in the 
        natural resources fund. 
           (d) The county treasurer shall indicate the amount of the 
        receipts that are surcharges imposed under section 357.021, 
        subdivision 6, and shall submit all of those receipts to the 
        state treasurer. 
           Sec. 2.  Minnesota Statutes 1996, section 169.121, 
        subdivision 5a, is amended to read: 
           Subd. 5a.  [CHEMICAL DEPENDENCY ASSESSMENT CHARGE, 
        SURCHARGE.] When a court sentences a person convicted of an 
        offense enumerated in section 169.126, subdivision 1, it shall 
        impose a chemical dependency assessment charge of $125.  A 
        person shall pay an additional surcharge of $5 if the person is 
        convicted of (i) a violation of section 169.129, or (ii) a 
        violation of this section within five years of a prior impaired 
        driving conviction, as defined in subdivision 3, or a prior 
        conviction for an offense arising out of an arrest for a 
        violation of section 169.121 or 169.129.  This section applies 
        when the sentence is executed, stayed, or suspended.  The court 
        may not waive payment or authorize payment of the assessment 
        charge and surcharge in installments unless it makes written 
        findings on the record that the convicted person is indigent or 
        that the assessment charge and surcharge would create undue 
        hardship for the convicted person or that person's immediate 
        family. 
           The county shall collect and forward to the commissioner of 
        finance $25 of the chemical dependency assessment charge and the 
        $5 surcharge, if any, within 60 days after sentencing or explain 
        to the commissioner in writing why the money was not forwarded 
        within this time period.  The commissioner shall credit the 
        money to the general fund.  The county shall collect and keep 
        $100 of the chemical dependency assessment charge.  
           The chemical dependency assessment charge and surcharge 
        required under this section are in addition to the surcharge 
        required by section 609.101 357.021, subdivision 6. 
           Sec. 3.  Minnesota Statutes 1996, section 171.16, 
        subdivision 3, is amended to read: 
           Subd. 3.  [SUSPENSION FOR FAILURE TO PAY FINE.] When any 
        court reports to the commissioner that a person:  (1) has been 
        convicted of violating a law of this state or an ordinance of a 
        political subdivision which regulates the operation or parking 
        of motor vehicles, (2) has been sentenced to the payment of a 
        fine or had a penalty assessment surcharge levied against that 
        person, or sentenced to a fine upon which a penalty assessment 
        surcharge was levied, and (3) has refused or failed to comply 
        with that sentence or to pay the penalty assessment surcharge, 
        notwithstanding the fact that the court has determined that the 
        person has the ability to pay the fine or penalty assessment 
        surcharge, the commissioner shall suspend the driver's license 
        of such person for 30 days for a refusal or failure to pay or 
        until notified by the court that the fine or penalty assessment 
        surcharge, or both if a fine and penalty assessment surcharge 
        were not paid, has been paid.  
           Sec. 4.  Minnesota Statutes 1997 Supplement, section 
        357.021, subdivision 2, is amended to read: 
           Subd. 2.  [FEE AMOUNTS.] The fees to be charged and 
        collected by the court administrator shall be as follows: 
           (1) In every civil action or proceeding in said court, 
        including any case arising under the tax laws of the state that 
        could be transferred or appealed to the tax court, the 
        plaintiff, petitioner, or other moving party shall pay, when the 
        first paper is filed for that party in said action, a fee of 
        $122. 
           The defendant or other adverse or intervening party, or any 
        one or more of several defendants or other adverse or 
        intervening parties appearing separately from the others, shall 
        pay, when the first paper is filed for that party in said 
        action, a fee of $122. 
           The party requesting a trial by jury shall pay $75. 
           The fees above stated shall be the full trial fee 
        chargeable to said parties irrespective of whether trial be to 
        the court alone, to the court and jury, or disposed of without 
        trial, and shall include the entry of judgment in the action, 
        but does not include copies or certified copies of any papers so 
        filed or proceedings under chapter 103E, except the provisions 
        therein as to appeals. 
           (2) Certified copy of any instrument from a civil or 
        criminal proceeding, $10, and $5 for an uncertified copy. 
           (3) Issuing a subpoena, $3 for each name. 
           (4) Issuing an execution and filing the return thereof; 
        issuing a writ of attachment, injunction, habeas corpus, 
        mandamus, quo warranto, certiorari, or other writs not 
        specifically mentioned, $10. 
           (5) Issuing a transcript of judgment, or for filing and 
        docketing a transcript of judgment from another court, $7.50. 
           (6) Filing and entering a satisfaction of judgment, partial 
        satisfaction, or assignment of judgment, $5. 
           (7) Certificate as to existence or nonexistence of 
        judgments docketed, $5 for each name certified to. 
           (8) Filing and indexing trade name; or recording basic 
        science certificate; or recording certificate of physicians, 
        osteopaths, chiropractors, veterinarians, or optometrists, $5. 
           (9) For the filing of each partial, final, or annual 
        account in all trusteeships, $10. 
           (10) For the deposit of a will, $5. 
           (11) For recording notary commission, $25, of which, 
        notwithstanding subdivision 1a, paragraph (b), $20 must be 
        forwarded to the state treasurer to be deposited in the state 
        treasury and credited to the general fund. 
           (12) When a defendant pleads guilty to or is sentenced for 
        a petty misdemeanor other than a parking violation, the 
        defendant shall pay a fee of $11. 
           (13) Filing a motion or response to a motion for 
        modification of child support, a fee fixed by rule or order of 
        the supreme court.  
           (14) (13) All other services required by law for which no 
        fee is provided, such fee as compares favorably with those 
        herein provided, or such as may be fixed by rule or order of the 
        court. 
           (15) (14) In addition to any other filing fees under this 
        chapter, a surcharge in the amount of $75 must be assessed in 
        accordance with section 259.52, subdivision 14, for each 
        adoption petition filed in district court to fund the putative 
        fathers' adoption registry under section 259.52. 
           The fees in clauses (3) and (4) need not be paid by a 
        public authority or the party the public authority represents. 
           Sec. 5.  Minnesota Statutes 1996, section 357.021, is 
        amended by adding a subdivision to read: 
           Subd. 6.  [SURCHARGES ON CRIMINAL AND TRAFFIC 
        OFFENDERS.] (a) The court shall impose and the court 
        administrator shall collect a $25 surcharge on every person 
        convicted of any felony, gross misdemeanor, misdemeanor, or 
        petty misdemeanor offense, other than a violation of a law or 
        ordinance relating to vehicle parking.  The surcharge shall be 
        imposed whether or not the person is sentenced to imprisonment 
        or the sentence is stayed.  
           (b) If the court fails to impose a surcharge as required by 
        this subdivision, the court administrator shall show the 
        imposition of the $25 surcharge, collect the surcharge and 
        correct the record. 
           (c) The court may not waive payment of the surcharge 
        required under this subdivision.  Upon a showing of indigency or 
        undue hardship upon the convicted person or the convicted 
        person's immediate family, the sentencing court may authorize 
        payment of the surcharge in installments. 
           (d) The court administrator or other entity collecting a 
        surcharge shall forward it to the state treasurer. 
           (e) If the convicted person is sentenced to imprisonment 
        and has not paid the surcharge before the term of imprisonment 
        begins, the chief executive officer of the correctional facility 
        in which the convicted person is incarcerated shall collect the 
        surcharge from any earnings the inmate accrues from work 
        performed in the facility or while on conditional release.  The 
        chief executive officer shall forward the amount collected to 
        the state treasurer. 
           Sec. 6.  Minnesota Statutes 1996, section 357.021, is 
        amended by adding a subdivision to read: 
           Subd. 7.  [DISBURSEMENT OF SURCHARGES BY STATE 
        TREASURER.] The state treasurer shall disburse surcharges 
        received under subdivision 6 and section 97A.065, subdivision 2, 
        as follows: 
           (1) one percent of the surcharge shall be credited to the 
        game and fish fund to provide peace officer training for 
        employees of the department of natural resources who are 
        licensed under sections 626.84 to 626.863, and who possess peace 
        officer authority for the purpose of enforcing game and fish 
        laws; 
           (2) 39 percent of the surcharge shall be credited to the 
        peace officers training account in the special revenue fund; and 
           (3) 60 percent of the surcharge shall be credited to the 
        general fund. 
           Sec. 7.  Minnesota Statutes 1996, section 488A.03, 
        subdivision 11, is amended to read: 
           Subd. 11.  [FEES PAYABLE TO ADMINISTRATOR.] (a) The civil 
        fees payable to the administrator for services are the same in 
        amount as the fees then payable to the district court of 
        Hennepin county for like services.  Library and filing fees are 
        not required of the defendant in an unlawful detainer action.  
        The fees payable to the administrator for all other services of 
        the administrator or the court shall be fixed by rules 
        promulgated by a majority of the judges. 
           (b) Fees are payable to the administrator in advance.  
           (c) Judgments will be entered only upon written application.
           (d) The following fees shall be taxed in all cases for all 
        charges where applicable:  (a) The state of Minnesota and any 
        governmental subdivision within the jurisdictional area of 
        any municipal district court herein established may present 
        cases for hearing before said municipal district court; (b) In 
        the event the court takes jurisdiction of a prosecution for the 
        violation of a statute or ordinance by the state or a 
        governmental subdivision other than a city or town in Hennepin 
        county, all fines, penalties, and forfeitures collected shall be 
        paid over to the treasurer of the governmental subdivision which 
        submitted a case charges for prosecution under ordinance 
        violation and to the county treasurer in all other cases charges 
        except where a different disposition is provided by law, in 
        which case, payment shall be made to the public official 
        entitled thereto.  The following fees shall be taxed to the 
        county or to the state or governmental subdivision which would 
        be entitled to payment of the fines, forfeiture or penalties in 
        any case, and shall be paid to the court administrator for 
        disposing of the matter: 
           (1) In all cases For each charge where the defendant is 
        brought into court and pleads guilty and is sentenced, or the 
        matter is otherwise disposed of without trial .......... $5. 
           (2) In arraignments where the defendant waives a 
        preliminary examination .......... $10. 
           (3) In all other cases For all other charges where the 
        defendant stands trial or has a preliminary examination by the 
        court .......... $15. 
           (4) In all cases For all charges where a defendant was 
        issued a statute, traffic, or ordinance violation tag citation 
        and a fine is paid or the case is otherwise disposed of in a 
        violations bureau .......... $1 $10. 
           (5) Upon the effective date of a $2 increase in the expired 
        meter fine schedule that is enacted on or after August 1, 1987, 
        the amount payable to the court administrator must be increased 
        by $1 for each expired meter violation disposed of in a 
        violations bureau. the increase in clause (4), the fine schedule 
        amounts shall be increased by $10.  
           Additional money, if any, received by the fourth judicial 
        district administrator as a result of this section shall be used 
        to fund an automated citation system and revenue collections 
        initiative and to pay the related administrative costs of the 
        court administrator's office.  
           Additional money, if any, received by the city of 
        Minneapolis as a result of this section shall be used to provide 
        additional funding to the city attorney for use in criminal 
        investigations and prosecutions.  This funding shall not be used 
        to supplant existing city attorney positions or services. 
           Sec. 8.  [STUDY OF FINE DISTRIBUTION.] 
           The court administrator for the fourth judicial district 
        shall study the feasibility of modifying the fine distribution 
        system in the fourth judicial district to recognize the 
        incarceration costs that are absorbed by local municipalities.  
        The study shall include the participation of local prosecutors 
        and county and city officials.  The fourth judicial court 
        administrator shall make recommendations to the legislature on 
        this issue by November 15, 1999. 
           Sec. 9.  Minnesota Statutes 1996, section 588.01, 
        subdivision 3, is amended to read: 
           Subd. 3.  [CONSTRUCTIVE.] Constructive contempts are those 
        not committed in the immediate presence of the court, and of 
        which it has no personal knowledge, and may arise from any of 
        the following acts or omissions: 
           (1) misbehavior in office, or other willful neglect or 
        violation of duty, by an attorney, court administrator, sheriff, 
        coroner, or other person appointed or elected to perform a 
        judicial or ministerial service; 
           (2) deceit or abuse of the process or proceedings of the 
        court by a party to an action or special proceeding; 
           (3) disobedience of any lawful judgment, order, or process 
        of the court; 
           (4) assuming to be an attorney or other officer of the 
        court, and acting as such without authority; 
           (5) rescuing any person or property in the custody of an 
        officer by virtue of an order or process of the court; 
           (6) unlawfully detaining a witness or party to an action 
        while going to, remaining at, or returning from the court where 
        the action is to be tried; 
           (7) any other unlawful interference with the process or 
        proceedings of a court; 
           (8) disobedience of a subpoena duly served, or refusing to 
        be sworn or to answer as a witness; 
           (9) when summoned as a juror in a court, neglecting to 
        attend or serve, improperly conversing with a party to an action 
        to be tried at the court or with any person relative to the 
        merits of the action, or receiving a communication from a party 
        or other person in reference to it, and failing to immediately 
        disclose the same to the court; 
           (10) disobedience, by an inferior tribunal or officer, of 
        the lawful judgment, order, or process of a superior court, 
        proceeding in an action or special proceeding in any court 
        contrary to law after it has been removed from its jurisdiction, 
        or disobedience of any lawful order or process of a judicial 
        officer; 
           (11) failure or refusal to pay a penalty assessment 
        surcharge levied pursuant to section 626.861 357.021, 
        subdivision 6.  
           Sec. 10.  Minnesota Statutes 1997 Supplement, section 
        609.101, subdivision 5, is amended to read: 
           Subd. 5.  [WAIVER PROHIBITED; REDUCTION AND INSTALLMENT 
        PAYMENTS.] (a) The court may not waive payment of the minimum 
        fine, surcharge, or assessment required by this section.  
           (b) If the defendant qualifies for the services of a public 
        defender or the court finds on the record that the convicted 
        person is indigent or that immediate payment of the fine, 
        surcharge, or assessment would create undue hardship for the 
        convicted person or that person's immediate family, the court 
        may reduce the amount of the minimum fine to not less than $50.  
           (c) The court also may authorize payment of the fine, 
        surcharge, or assessment in installments. 
           Sec. 11.  Minnesota Statutes 1996, section 609.3241, is 
        amended to read: 
           609.3241 [PENALTY ASSESSMENT AUTHORIZED.] 
           When a court sentences an adult convicted of violating 
        section 609.322, 609.323, or 609.324, while acting other than as 
        a prostitute, the court shall impose an assessment of not less 
        than $250 and not more than $500 for a violation of section 
        609.324, subdivision 2, or a misdemeanor violation of section 
        609.324, subdivision 3; otherwise the court shall impose an 
        assessment of not less than $500 and not more than $1,000.  The 
        mandatory minimum portion of the assessment is to be used for 
        the purposes described in section 626.558, subdivision 2a, and 
        is in addition to the assessment or surcharge required by 
        section 609.101 357.021, subdivision 6.  Any portion of the 
        assessment imposed in excess of the mandatory minimum amount 
        shall be forwarded to the general fund and is appropriated 
        annually to the commissioner of corrections.  The commissioner, 
        with the assistance of the general crime victims advisory 
        council, shall use money received under this section for grants 
        to agencies that provide assistance to individuals who have 
        stopped or wish to stop engaging in prostitution.  Grant money 
        may be used to provide these individuals with medical care, 
        child care, temporary housing, and educational expenses. 
           Sec. 12.  Minnesota Statutes 1996, section 611.14, is 
        amended to read: 
           611.14 [RIGHT TO REPRESENTATION BY PUBLIC DEFENDER.] 
           The following persons who are financially unable to obtain 
        counsel are entitled to be represented by a public defender: 
           (1) a person charged with a felony or, gross misdemeanor, 
        or misdemeanor including a person charged under sections 629.01 
        to 629.29; 
           (2) a person appealing from a conviction of a felony or 
        gross misdemeanor, or a person convicted of a felony or gross 
        misdemeanor, who is pursuing a postconviction proceeding and who 
        has not already had a direct appeal of the conviction; 
           (3) a person who is entitled to be represented by counsel 
        under section 609.14, subdivision 2; or 
           (4) a minor who is entitled to be represented by counsel 
        under section 260.155, subdivision 2, if the judge of the 
        juvenile court concerned has requested and received the approval 
        of a majority of the district court judges of the judicial 
        district to utilize the services of the public defender in such 
        cases, and approval of the compensation on a monthly, hourly, or 
        per diem basis to be paid for such services under section 
        260.251, subdivision 2, clause (e); or 
           (5) a person, entitled by law to be represented by counsel, 
        charged with an offense within the trial jurisdiction of a 
        district court, if the trial judge or a majority of the trial 
        judges of the court concerned have requested and received 
        approval of a majority of the district court judges of the 
        judicial district to utilize the services of the public defender 
        in such cases and approval of the compensation on a monthly, 
        hourly, or per diem basis to be paid for such services by the 
        county within the court's jurisdiction. 
           Sec. 13.  Minnesota Statutes 1996, section 611.20, 
        subdivision 3, is amended to read: 
           Subd. 3.  [REIMBURSEMENT.] In each fiscal year, the state 
        treasurer shall deposit the first $180,000 in the general fund. 
        payments in excess of $180,000 shall be deposited in the general 
        fund and credited credit them to a separate account with the 
        board of public defense.  The amount credited to this account is 
        appropriated to the board of public defense. 
           The balance of this account does not cancel but is 
        available until expended.  Expenditures by the board from this 
        account for each judicial district public defense office must be 
        based on the amount of the payments received by the state from 
        the courts in each judicial district.  A district public 
        defender's office that receives money under this subdivision 
        shall use the money to supplement office overhead payments to 
        part-time attorneys providing public defense services in the 
        district.  By January 15 of each year, the board of public 
        defense shall report to the chairs and ranking minority members 
        of the senate and house divisions having jurisdiction over 
        criminal justice funding on the amount appropriated under this 
        subdivision, the number of cases handled by each district public 
        defender's office, the number of cases in which reimbursements 
        were ordered, the average amount of reimbursement ordered, and 
        the average amount of money received by part-time attorneys 
        under this subdivision. 
           Sec. 14.  Minnesota Statutes 1996, section 611.20, 
        subdivision 4, is amended to read: 
           Subd. 4.  [EMPLOYED DEFENDANTS.] A court shall order a 
        defendant who is employed when a public defender is appointed, 
        or who becomes employed while represented by a public 
        defender, shall to reimburse the state for the cost of the 
        public defender.  If reimbursement is required under this 
        subdivision, the court shall order the reimbursement when a 
        public defender is first appointed or as soon as possible after 
        the court determines that reimbursement is required.  The court 
        may accept partial reimbursement from the defendant if the 
        defendant's financial circumstances warrant a reduced 
        reimbursement schedule.  The court may consider the guidelines 
        in subdivision 6 in determining a defendant's reimbursement 
        schedule.  If a defendant does not agree to make payments, the 
        court may order the defendant's employer to withhold a 
        percentage of the defendant's income to be turned over to the 
        court.  The percentage to be withheld may be determined under 
        subdivision 6. 
           Sec. 15.  Minnesota Statutes 1996, section 611.20, 
        subdivision 5, is amended to read: 
           Subd. 5.  [REIMBURSEMENT RATE.] Legal fees required to be 
        reimbursed under subdivision 4, shall be determined by 
        multiplying the total number of hours worked on the case by a 
        public defender by $30 $40 per hour.  The public defender 
        assigned to the defendant's case shall provide to the court, 
        upon the court's request, a written statement containing the 
        total number of hours worked on the defendant's case up to the 
        time of the request. 
           Sec. 16.  Minnesota Statutes 1997 Supplement, section 
        611.25, subdivision 3, is amended to read: 
           Subd. 3.  [DUTIES.] The state public defender shall prepare 
        a biennial report to the board and a report to the governor and 
        the supreme court on the operation of the state public 
        defender's office, district defender systems, and public defense 
        corporations.  The biennial report is due on or before the 
        beginning of the legislative session following the end of the 
        biennium.  The state public defender may require the reporting 
        of statistical data, budget information, and other cost factors 
        by the chief district public defenders and appointed counsel 
        systems.  The state public defender shall design and conduct 
        programs for the training of all state and district public 
        defenders, appointed counsel, and attorneys for public defense 
        corporations funded under section 611.26.  The state public 
        defender shall establish policies and procedures to administer 
        the district public defender system, consistent with standards 
        adopted by the state board of public defense. 
           Sec. 17.  Minnesota Statutes 1996, section 611.26, 
        subdivision 2, is amended to read: 
           Subd. 2.  [APPOINTMENT; TERMS.] The state board of public 
        defense shall appoint a chief district public defender for each 
        judicial district.  When appointing a chief district public 
        defender, the state board of public defense membership shall be 
        increased to include two residents of the district appointed by 
        the chief judge of the district to reflect the characteristics 
        of the population served by the public defender in that 
        district. The additional members shall serve only in the 
        capacity of selecting the district public defender.  The ad hoc 
        state board of public defense shall appoint a chief district 
        public defender only after requesting and giving reasonable time 
        to receive any recommendations from the public, the local bar 
        association, and the judges of the district, and the county 
        commissioners within the district.  Each chief district public 
        defender shall be a qualified attorney, licensed to practice law 
        in this state.  The chief district public defender shall be 
        appointed for a term of four years, beginning January 1, 
        pursuant to the following staggered term schedule:  (1) in 1992 
        2000, the second and eighth districts; (2) in 1993 2001, the 
        first, third, fourth, and tenth districts; (3) in 1994 2002, the 
        fifth and ninth districts; and (4) in 1995 1999, the sixth and 
        seventh districts.  The chief district public defenders shall 
        serve for four-year terms and may be removed for cause upon the 
        order of the state board of public defense.  Vacancies in the 
        office shall be filled by the appointing authority for the 
        unexpired term. 
           Sec. 18.  Minnesota Statutes 1996, section 611.26, 
        subdivision 3, is amended to read: 
           Subd. 3.  [COMPENSATION.] (a) The compensation of the chief 
        district public defender shall be set by the board of public 
        defense. and the compensation of each assistant district public 
        defender shall be set by the chief district public defender with 
        the approval of the board of public defense.  To assist the 
        board of public defense in determining compensation under this 
        subdivision, counties shall provide to the board information on 
        the compensation of county attorneys, including salaries and 
        benefits, rent, secretarial staff, and other pertinent budget 
        data.  For purposes of this subdivision, compensation means 
        salaries, cash payments, and employee benefits including paid 
        time off and group insurance benefits, and other direct and 
        indirect items of compensation including the value of office 
        space provided by the employer.  
           (b) This subdivision does not limit the rights of public 
        defenders to collectively bargain with their employers. 
           Sec. 19.  Minnesota Statutes 1996, section 611.26, 
        subdivision 3a, is amended to read: 
           Subd. 3a.  [BUDGET; COMPENSATION.] (a) Notwithstanding 
        subdivision 3 or any other law to the contrary, compensation and 
        economic benefit increases for chief district public defenders 
        and assistant district public defenders, who are full-time 
        county employees, shall be paid out of the budget for that 
        judicial district public defender's office. 
           (b) In the second judicial district, the district public 
        defender's office shall be funded by the board of public 
        defense.  The budget for the second judicial public defender's 
        office shall not include Ramsey county property taxes. 
           (c) In the fourth judicial district, the district public 
        defender's office shall be funded by the board of public defense 
        and by the Hennepin county board.  Personnel expenses of state 
        employees hired on or after January 1, 1999, in the fourth 
        judicial district public defender's office shall be funded by 
        the board of public defense. 
           (d) Those budgets for district public defender services in 
        the second and fourth judicial districts under the jurisdiction 
        of the state board of public defense shall be eligible for 
        adjustments to their base budgets in the same manner as other 
        state agencies.  In making biennial budget base adjustments, the 
        commissioner of finance shall consider the budgets for district 
        public defender services in all judicial districts, as allocated 
        by the state board of public defense, in the same manner as 
        other state agencies. 
           Sec. 20.  Minnesota Statutes 1996, section 611.263, is 
        amended to read: 
           611.263 [COUNTY IS EMPLOYER OF; RAMSEY, HENNEPIN 
        DEFENDERS.] 
           Subdivision 1.  [EMPLOYEES.] (a) Except as provided in 
        subdivision 3, the district public defender and assistant public 
        defenders of the second judicial district are employees of 
        Ramsey county in the unclassified service under section 383A.286.
           (b) Except as provided in subdivision 3, the district 
        public defender and assistant public defenders of the fourth 
        judicial district are employees of Hennepin county under section 
        383B.63, subdivision 6. 
           Subd. 2.  [PUBLIC EMPLOYER.] (a) Except as provided in 
        subdivision 3, and notwithstanding section 179A.03, subdivision 
        15, clause (c), the Ramsey county board is the public employer 
        under the public employment labor relations act for the district 
        public defender and assistant public defenders of the second 
        judicial district. 
           (b) Except as provided in subdivision 3, and 
        notwithstanding section 179A.03, subdivision 15, clause (c), the 
        Hennepin county board is the public employer under the public 
        employment labor relations act for the district public defender 
        and assistant public defenders of the fourth judicial district. 
           Subd. 3.  [EXCEPTION.] Notwithstanding section 611.265, 
        district public defenders and employees in the second and fourth 
        judicial districts who are hired on or after January 1, 1999, 
        are state employees of the board of public defense and are 
        governed by the personnel rules adopted by the board of public 
        defense.  Employees of the public defender's office in the 
        second and fourth judicial districts who are hired before 
        January 1, 1999, remain employees of Ramsey and Hennepin 
        counties, respectively, under subdivisions 1 and 2. 
           Sec. 21.  Minnesota Statutes 1996, section 611.27, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [COUNTY PAYMENT RESPONSIBILITY.] (a) The 
        total compensation and expenses, including office equipment and 
        supplies, of the district public defender are to be paid by the 
        county or counties comprising the judicial district. 
           (b) A chief district public defender shall annually submit 
        a comprehensive budget to the state board of public defense.  
        The budget shall be in compliance with standards and forms 
        required by the board and must, at a minimum, include detailed 
        substantiation as to all revenues and expenditures.  The chief 
        district public defender shall, at times and in the form 
        required by the board, submit reports to the board concerning 
        its operations, including the number of cases handled and funds 
        expended for these services. 
           Within ten days after an assistant district public defender 
        is appointed, the district public defender shall certify to the 
        state board of public defense the compensation that has been 
        recommended for the assistant.  
           (c) The state board of public defense shall transmit the 
        proposed budget of each district public defender to the 
        respective district court administrators and county budget 
        officers for comment before the board's final approval of the 
        budget.  The board shall determine and certify to the respective 
        county boards a final comprehensive budget for the office of the 
        district public defender that includes all expenses.  After the 
        board determines the allocation of the state funds authorized 
        pursuant to paragraph (e), the board shall apportion the 
        expenses of the district public defenders among the several 
        counties and each county shall pay its share in monthly 
        installments.  The county share is the proportion of the total 
        expenses that the population in the county bears to the total 
        population in the district as determined by the last federal 
        census.  If the district public defender or an assistant 
        district public defender is temporarily transferred to a county 
        not situated in that public defender's judicial district, said 
        county shall pay the proportionate part of that public 
        defender's expenses for the services performed in said county.  
           (d) Reimbursement for actual and necessary travel expenses 
        in the conduct of the office of the district public defender 
        shall be charged to either (1) the general expenses of the 
        office, (2) the general expenses of the district for which the 
        expenses were incurred if outside the district, or (3) the 
        office of the state public defender if the services were 
        rendered for that office. 
           (e) (b) Money appropriated to the state board of public 
        defense for the board's administration, for the state public 
        defender, for the judicial district public defenders, and for 
        the public defense corporations shall be expended as determined 
        by the board.  In distributing funds to district public 
        defenders, the board shall consider the geographic distribution 
        of public defenders, the equity of compensation among the 
        judicial districts, public defender case loads, and the results 
        of the weighted case load study. 
           Sec. 22.  Minnesota Statutes 1996, section 611.27, 
        subdivision 7, is amended to read: 
           Subd. 7.  [PUBLIC DEFENDER SERVICES; RESPONSIBILITY.] 
        Notwithstanding subdivision 4, The state's obligation for the 
        costs of the public defender services is limited to the 
        appropriations made to the board of public defense.  Services 
        and expenses in cases where adequate representation cannot be 
        provided by the district public defender shall be the 
        responsibility of the state board of public defense. 
           Sec. 23.  [REPORT ON SURCHARGES.] 
           The state court administrator shall collect information on 
        the amount of revenue collected annually from the imposition of 
        surcharges under Minnesota Statutes, section 97A.065, 
        subdivision 2, or 357.021, subdivision 6, and shall report this 
        information to the chairs and ranking minority members of the 
        house and senate divisions having jurisdiction over criminal 
        justice funding by January 15, 2001. 
           Sec. 24.  [INSTRUCTION TO REVISOR.] 
           The revisor shall change the term "penalty assessment" or 
        similar term to "surcharge" or similar term wherever the term 
        appears in Minnesota Rules in connection with the board of peace 
        officer standards and training. 
           Sec. 25.  [EXPIRATION.] 
           The amendment made to Minnesota Statutes, section 488A.03, 
        subdivision 11, expires July 1, 2000. 
           Sec. 26.  [REPEALER.] 
           (a) Minnesota Statutes 1996, sections 609.101, subdivision 
        1; and 626.861, are repealed. 
           (b) Minnesota Statutes 1996, sections 611.216, subdivision 
        1a; 611.26, subdivision 9; and 611.27, subdivision 2; and 
        Minnesota Statutes 1997 Supplement, section 611.27, subdivision 
        4, are repealed. 
           Sec. 27.  [EFFECTIVE DATE.] 
           Sections 1 to 11, 23 to 25, and 26, paragraph (a), are 
        effective January 1, 1999.  Section 13 is effective July 1, 1999.
                                   ARTICLE 9 
                                  CORRECTIONS 
           Section 1.  Minnesota Statutes 1996, section 3.739, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PERMISSIBLE CLAIMS.] Claims and demands 
        arising out of the circumstances described in this subdivision 
        shall be presented to, heard, and determined as provided in 
        subdivision 2: 
           (1) an injury to or death of an inmate of a state, 
        regional, or local correctional facility or county jail who has 
        been conditionally released and ordered to perform uncompensated 
        work for a state agency, a political subdivision or public 
        corporation of this state, a nonprofit educational, medical, or 
        social service agency, or a private business or individual, as a 
        condition of the release, while performing the work; 
           (2) an injury to or death of a person sentenced by a court, 
        granted a suspended sentence by a court, or subject to a court 
        disposition order, and who, under court order, is performing 
        work (a) in restitution, (b) in lieu of or to work off fines or 
        court ordered costs, (c) in lieu of incarceration, or (d) as a 
        term or condition of a sentence, suspended sentence, or 
        disposition order, while performing the work; 
           (3) an injury to or death of a person, who has been 
        diverted from the court system and who is performing work as 
        described in paragraph (1) or (2) under a written agreement 
        signed by the person, and if a juvenile, by a parent or 
        guardian; or 
           (4) an injury to or death of any person caused by an 
        individual who was performing work as described in paragraph 
        (1), (2), or (3); or 
           (5) necessary medical care of offenders sentenced to the 
        Camp Ripley work program described in section 241.277. 
           Sec. 2.  Minnesota Statutes 1996, section 241.01, 
        subdivision 7, is amended to read: 
           Subd. 7.  [USE OF FACILITIES BY OUTSIDE AGENCIES.] The 
        commissioner of corrections may authorize and permit public or 
        private social service, educational, or rehabilitation agencies 
        or organizations, and their clients; or lawyers, insurance 
        companies, or others; to use the facilities, staff, and other 
        resources of correctional facilities under the commissioner's 
        control and may require the participating agencies or 
        organizations to pay all or part of the costs thereof.  All sums 
        of money received pursuant to the agreements herein authorized 
        shall not cancel until the end of the fiscal year immediately 
        following the fiscal year in which the funds were received.  The 
        funds are available for use by the commissioner during that 
        period, and are hereby appropriated annually to the commissioner 
        of corrections for the purposes of this subdivision. 
           The commissioner may provide meals for staff and visitors 
        for efficiency of operation and may require the participants to 
        pay all or part of the costs of the meals.  All sums of money 
        received under this provision are appropriated to the 
        commissioner and shall not cancel until the end of the fiscal 
        year immediately following the fiscal year in which the funds 
        were received.  
           Sec. 3.  Minnesota Statutes 1996, section 241.01, is 
        amended by adding a subdivision to read: 
           Subd. 9.  [LEASES FOR CORRECTIONAL FACILITY 
        PROPERTY.] Money collected as rent under section 16B.24, 
        subdivision 5, for state property at any of the correctional 
        facilities administered by the commissioner of corrections is 
        appropriated to the commissioner and is dedicated to the 
        correctional facility from which it is generated.  Any balance 
        remaining at the end of the fiscal year shall not cancel and is 
        available until expended.  
           Sec. 4.  Minnesota Statutes 1997 Supplement, section 
        241.015, is amended to read: 
           241.015 [ANNUAL PERFORMANCE REPORTS REQUIRED.] 
           Subdivision 1.  [ANNUAL REPORT.] Notwithstanding section 
        15.91, the department of corrections must issue a performance 
        report by November 30 of each year.  The issuance and content of 
        the report must conform with section 15.91. 
           Subd. 2.  [RECIDIVISM ANALYSIS.] The report required by 
        subdivision 1 must include an evaluation and analysis of the 
        programming in all department of corrections facilities.  This 
        evaluation and analysis must include: 
           (1) a description of the vocational, work, and industries 
        programs and information on the recidivism rates for offenders 
        who participated in these types of programming; 
           (2) a description of the educational programs and 
        information on the recidivism rates for offenders who 
        participated in educational programming; and 
           (3) a description of the chemical dependency, sex offender, 
        and mental health treatment programs and information on the 
        recidivism rates for offenders who participated in these 
        treatment programs. 
           The analysis of recidivism rates must include a breakdown 
        of recidivism rates for juvenile offenders, adult male 
        offenders, and adult female offenders. 
           Sec. 5.  Minnesota Statutes 1996, section 241.05, is 
        amended to read: 
           241.05 [RELIGIOUS INSTRUCTION ACTIVITIES.] 
           The commissioner of corrections shall provide at least one 
        hour, on the first day of each week, between 9:00 a.m. and 5:00 
        p.m., for religious instruction to allow inmates of all prisons 
        and reformatories under the commissioner's control to 
        participate in religious activities, during which members of the 
        clergy of good standing in any church or denomination may freely 
        administer and impart religious rites and instruction to those 
        desiring the same them.  The commissioner shall provide a 
        private room where such instruction can be given by members of 
        the clergy of the denomination desired by the inmate, or, in 
        case of minors, by the parents or guardian, and, in case of 
        sickness, some other day or hour may be designated; but all 
        sectarian practices are prohibited, and No officer or employee 
        of the institution shall attempt to influence the religious 
        belief of any inmate, and none no inmate shall be required to 
        attend religious services against the inmate's will.  
           Sec. 6.  Minnesota Statutes 1997 Supplement, section 
        241.277, subdivision 6, is amended to read: 
           Subd. 6.  [LENGTH OF STAY.] An offender sentenced by a 
        court to the work program must serve a minimum of two-thirds of 
        the pronounced sentence unless the offender is terminated from 
        the program and remanded to the custody of the sentencing court 
        as provided in subdivision 7.  The offender may be required to 
        remain at the program beyond the minimum sentence for any period 
        up to the full sentence if the offender violates disciplinary 
        rules.  An offender whose program completion occurs on a 
        Saturday, Sunday, or holiday shall be allowed to return to the 
        community on the last day before the completion date that is not 
        a Saturday, Sunday, or holiday.  If the offender's stay in the 
        program was extended due to a violation of the disciplinary 
        rules and the offender's day of completion is a Saturday, 
        Sunday, or holiday, the offender shall not be allowed to return 
        to the community until the day following that is not a Saturday, 
        Sunday, or holiday. 
           Sec. 7.  Minnesota Statutes 1997 Supplement, section 
        241.277, is amended by adding a subdivision to read: 
           Subd. 6a.  [FURLOUGHS.] The commissioner may furlough an 
        offender for up to three days in the event of the death of a 
        family member or spouse.  If the commissioner determines that 
        the offender requires serious and immediate medical attention, 
        the commissioner may grant furloughs of up to three days to 
        provide appropriate health care. 
           Sec. 8.  Minnesota Statutes 1997 Supplement, section 
        241.277, subdivision 9, is amended to read: 
           Subd. 9.  [COSTS OF PROGRAM.] Counties sentencing offenders 
        to the program must pay 25 percent of the per diem expenses for 
        the offender.  Per diem money received from the counties are 
        appropriated to the commissioner of corrections for program 
        expenses.  Sums of money received by the commissioner under this 
        subdivision shall not cancel until the end of the fiscal year 
        immediately following the fiscal year in which the funds were 
        received by the commissioner.  The commissioner is responsible 
        for all other costs associated with the placement of offenders 
        in the program, including, but not limited to, the remaining per 
        diem expenses and the full cost of transporting offenders to and 
        from the program.  Costs of medical care must be paid according 
        to the provisions of section 3.739. 
           Sec. 9.  [241.278] [AGREEMENTS FOR WORK FORCE OF STATE OR 
        COUNTY JAIL INMATES.] 
           The commissioner of corrections, in the interest of inmate 
        rehabilitation, may enter into interagency agreements with 
        state, county, or municipal agencies, or contract with nonprofit 
        agencies to fund or partially fund the cost of programs that use 
        state or county jail inmates as a work force.  The commissioner 
        is authorized to receive funds via these agreements and these 
        funds are appropriated to the commissioner for community service 
        programming. 
           Sec. 10.  [241.85] [EDUCATIONAL ASSESSMENTS.] 
           Subdivision 1.  [ASSESSMENTS; PROGRAMMING PLANS.] The 
        commissioner of corrections shall develop an educational 
        assessment to determine the educational status and needs of 
        adults and juveniles in department of corrections facilities.  
        The commissioner shall ensure that assessments are conducted on 
        all individuals both upon their admittance and prior to their 
        discharge from a facility.  The commissioner shall create a 
        programming plan for individuals on whom an admission assessment 
        was conducted if the individual is admitted to an educational 
        program.  The plan must address any special needs identified by 
        the assessment.  The commissioner shall also determine methods 
        to measure the educational progress of individuals during their 
        stay at a facility. 
           Subd. 2.  [REPORT REQUIRED.] By December 15, 1999, the 
        commissioner of corrections shall report to the chairs and 
        ranking minority members of the senate and house committees and 
        divisions having jurisdiction over criminal justice policy and 
        funding on the educational assessments and programming plans 
        described in subdivision 1. 
           Sec. 11.  Minnesota Statutes 1997 Supplement, section 
        242.192, is amended to read: 
           242.192 [CHARGES TO COUNTIES.] 
           The commissioner shall charge counties or other appropriate 
        jurisdictions for the actual per diem cost of confinement, 
        excluding educational costs, of juveniles at the Minnesota 
        correctional facility-Red Wing.  This charge applies to both 
        counties that participate in the Community Corrections Act and 
        those that do not.  The commissioner shall annually determine 
        costs, making necessary adjustments to reflect the actual costs 
        of confinement.  All money received under this section must be 
        deposited in the state treasury and credited to the general fund.
           Sec. 12.  Minnesota Statutes 1996, section 242.32, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [COMMUNITY-BASED PROGRAMMING.] The 
        commissioner of corrections shall be charged with the duty of 
        developing constructive programs for the prevention and decrease 
        of delinquency and crime among youth.  To that end, the 
        commissioner shall cooperate with counties and existing agencies 
        to encourage the establishment of new programming, both local 
        and statewide, to provide a continuum of services for serious 
        and repeat juvenile offenders who do not require secure 
        placement.  The commissioner shall work jointly with the 
        commissioner of human services and counties and municipalities 
        to develop and provide community-based services for residential 
        placement of juvenile offenders and community-based services for 
        nonresidential programming for juvenile offenders and their 
        families.  
           Notwithstanding any law to the contrary, the commissioner 
        of corrections is authorized to contract with counties placing 
        juveniles in the serious/chronic program, PREPARE, at the 
        Minnesota correctional facility-Red Wing to provide necessary 
        extended community transition programming.  Funds resulting from 
        the contracts shall be deposited in the state treasury and are 
        appropriated to the commissioner for juvenile correctional 
        purposes. 
           Sec. 13.  Minnesota Statutes 1997 Supplement, section 
        243.51, subdivision 1, is amended to read: 
           Subdivision 1.  The commissioner of corrections is hereby 
        authorized to contract with agencies and bureaus of the United 
        States and with the proper officials of other states or a county 
        of this state for the custody, care, subsistence, education, 
        treatment and training of persons convicted of criminal offenses 
        constituting felonies in the courts of this state, the United 
        States, or other states of the United States.  Such contracts 
        shall provide for reimbursing the state of Minnesota for all 
        costs or other expenses involved.  Funds received under such 
        contracts shall be deposited in the state treasury and are 
        appropriated to the commissioner of corrections for correctional 
        purposes, including capital improvements.  Any prisoner 
        transferred to the state of Minnesota pursuant to this 
        subdivision shall be subject to the terms and conditions of the 
        prisoner's original sentence as if the prisoner were serving the 
        same within the confines of the state in which the conviction 
        and sentence was had or in the custody of the United States.  
        Nothing herein shall deprive such inmate of the right to parole 
        or the rights to legal process in the courts of this state.  
           Sec. 14.  Minnesota Statutes 1997 Supplement, section 
        243.51, subdivision 3, is amended to read: 
           Subd. 3.  [TEMPORARY DETENTION.] The commissioner of 
        corrections is authorized to contract with agencies and bureaus 
        of the United States and with the appropriate officials of any 
        other state or county of this state for the temporary detention 
        of any person in custody pursuant to any process issued under 
        the authority of the United States, other states of the United 
        States, or the district courts of this state.  The contract 
        shall provide for reimbursement to the state of Minnesota for 
        all costs and expenses involved.  Money received under contracts 
        shall be deposited in the state treasury and are appropriated to 
        the commissioner of corrections for correctional purposes, 
        including capital improvements. 
           Sec. 15.  Minnesota Statutes 1996, section 243.51, is 
        amended by adding a subdivision to read: 
           Subd. 5.  [SPECIAL REVENUE FUND.] Money received under 
        contracts authorized in subdivisions 1 and 3 shall be deposited 
        in the state treasury in an inmate housing account in the 
        special revenue fund.  The money deposited in this account may 
        be expended only as provided by law.  The purpose of this fund 
        is for correctional purposes, including housing inmates under 
        this section, and capital improvements.  
           Sec. 16.  Minnesota Statutes 1996, section 390.11, 
        subdivision 2, is amended to read: 
           Subd. 2.  [VIOLENT OR MYSTERIOUS DEATHS; AUTOPSIES.] The 
        coroner may conduct an autopsy in the case of any human death 
        referred to in subdivision 1, clause (1) or (2), when the 
        coroner judges that the public interest requires an autopsy, 
        except that an autopsy must be conducted in all unattended 
        inmate deaths that occur in a state correctional facility. 
           Sec. 17.  Minnesota Statutes 1997 Supplement, section 
        401.13, is amended to read: 
           401.13 [CHARGES MADE TO COUNTIES.] 
           Each participating county will be charged a sum equal to 
        the actual per diem cost of confinement, excluding educational 
        costs, of those juveniles committed to the commissioner and 
        confined in a state correctional facility.  The commissioner 
        shall annually determine costs making necessary adjustments to 
        reflect the actual costs of confinement.  The commissioner of 
        corrections shall bill the counties and deposit the receipts 
        from the counties in the general fund.  All charges shall be a 
        charge upon the county of commitment. 
           Sec. 18.  Minnesota Statutes 1997 Supplement, section 
        609.113, subdivision 3, is amended to read: 
           Subd. 3.  [OFFENDERS INELIGIBLE FOR PROGRAM.] A person is 
        ineligible to be sentenced to the work program if: 
           (1) the court determines that the person has a debilitating 
        chemical dependency or serious mental health problem or the 
        person has a serious and chronic condition requiring ongoing and 
        continuous medical monitoring and treatment by a medical 
        professional; or 
           (2) the person has been convicted of a nonviolent felony or 
        gross misdemeanor offense after having initially been charged 
        with committing a crime against the person. 
           Sec. 19.  Laws 1997, chapter 239, article 1, section 12, 
        subdivision 2, is amended to read: 
        Subd. 2.  Correctional 
        Institutions  
           179,965,000    189,823,000
        The commissioner may expend federal 
        grant money in an amount up to 
        $1,000,000 to supplement the renovation 
        of the buildings at the Brainerd 
        regional center for use as a 
        correctional facility. 
        The commissioner may open the Brainerd 
        facility on or after May 1, 1999 July 
        1, 1999, if the commissioner shows a 
        demonstrated need for the opening and 
        the legislature, by law, approves it. 
        If the commissioner deems it necessary 
        to reduce staff positions during the 
        biennium ending June 30, 1999, the 
        commissioner must reduce at least the 
        same percentage of management and 
        supervisory personnel as line and 
        support personnel in order to ensure 
        employee safety, inmate safety, and 
        facility security. 
        During the biennium ending June 30, 
        1999, if it is necessary to reduce 
        services or staffing within a 
        correctional facility, the commissioner 
        or the commissioner's designee shall 
        meet with affected exclusive 
        representatives.  The commissioner 
        shall make every reasonable effort to 
        retain correctional officer and prison 
        industry employees should reductions be 
        necessary. 
        During the biennium ending June 30, 
        1999, the commissioner must consider 
        ways to reduce the per diem in adult 
        correctional facilities.  As part of 
        this consideration, the commissioner 
        must consider reduction in management 
        and supervisory personnel levels in 
        addition to line staff levels within 
        adult correctional institutions, 
        provided this objective can be 
        accomplished without compromising 
        safety and security. 
        The commissioner shall develop criteria 
        to designate geriatric and disabled 
        inmates eligible for transfer to 
        nursing facilities, including 
        state-operated facilities.  Upon 
        certification by the commissioner that 
        a nursing facility can meet necessary 
        security requirements, the commissioner 
        may contract with the facility for the 
        placement and housing of eligible 
        geriatric and disabled inmates.  
        Inmates placed in a nursing facility 
        must meet the criteria specified in 
        Minnesota Statutes, section 244.05, 
        subdivision 8, and are considered to be 
        on conditional medical release. 
        $700,000 the first year and $1,500,000 
        the second year are to operate a work 
        program at Camp Ripley under Minnesota 
        Statutes, section 241.277. 
           Sec. 20.  Laws 1997, chapter 239, article 1, section 12, 
        subdivision 4, is amended to read: 
        Subd. 4.  Community Services 
            80,387,000     84,824,000 
        $225,000 each year is for school-based 
        probation pilot programs.  Of this 
        amount, $150,000 each year is for 
        Dakota county and $75,000 each year is 
        for Anoka county.  This is a one-time 
        appropriation. 
        $50,000 each year is for the Ramsey 
        county enhanced probation pilot 
        project.  The appropriation may not be 
        used to supplant law enforcement or 
        county probation officer positions, or 
        correctional services or programs.  
        This is a one-time appropriation. 
        $200,000 the first year is for the gang 
        intervention pilot project.  This is a 
        one-time appropriation. 
        $50,000 the first year and $50,000 the 
        second year are for grants to local 
        communities to establish and implement 
        pilot project restorative justice 
        programs. 
        $95,000 the first year is for the 
        Dakota county family group conferencing 
        pilot project established in Laws 1996, 
        chapter 408, article 2, section 9.  
        This is a one-time appropriation. 
        All money received by the commissioner 
        of corrections pursuant to the domestic 
        abuse investigation fee under Minnesota 
        Statutes, section 609.2244, is 
        available for use by the commissioner 
        and is appropriated annually to the 
        commissioner of corrections for costs 
        related to conducting the 
        investigations. 
        $750,000 each year is for an increase 
        in community corrections act subsidy 
        funding.  The funding shall be 
        distributed according to the community 
        corrections aid formula in Minnesota 
        Statutes, section 401.10. 
        $4,000,000 the second year is for 
        juvenile residential treatment grants 
        to counties to defray the cost of 
        juvenile delinquent residential 
        treatment.  Eighty percent of this 
        appropriation must be distributed to 
        noncommunity corrections act counties 
        and 20 percent must be distributed to 
        community corrections act counties.  
        The commissioner shall distribute the 
        money according to the formula 
        contained in Minnesota Statutes, 
        section 401.10.  By January 15, 
        counties must submit a report to the 
        commissioner describing the purposes 
        for which the grants were used. 
        $60,000 the first year and $60,000 the 
        second year are for the electronic 
        alcohol monitoring of DWI and domestic 
        abuse offenders pilot program. 
        $123,000 each year shall be distributed 
        to the Dodge-Fillmore-Olmsted community 
        corrections agency and $124,000 each 
        year shall be distributed to the 
        Arrowhead regional corrections agency 
        for use in a pilot project to expand 
        the agencies' productive day initiative 
        programs, as defined in Minnesota 
        Statutes, section 241.275, to include 
        juvenile offenders who are 16 years of 
        age and older.  This is a one-time 
        appropriation. 
        $2,000,000 the first year and 
        $2,000,000 the second year are for a 
        statewide probation and supervised 
        release caseload and workload reduction 
        grant program.  Counties that deliver 
        correctional services through Minnesota 
        Statutes, chapter 260, and that qualify 
        for new probation officers under this 
        program shall receive full 
        reimbursement for the officers' 
        salaries and reimbursement for the 
        officers' benefits and support as set 
        forth in the probations standards task 
        force report, not to exceed $70,000 per 
        officer annually.  Positions funded by 
        this appropriation may not supplant 
        existing services.  Position control 
        numbers for these positions must be 
        annually reported to the commissioner 
        of corrections. 
        The commissioner shall distribute money 
        appropriated for state and county 
        probation officer caseload and workload 
        reduction, increased intensive 
        supervised release and probation 
        services, and county probation officer 
        reimbursement according to the formula 
        contained in Minnesota Statutes, 
        section 401.10.  These appropriations 
        may not be used to supplant existing 
        state or county probation officer 
        positions or existing correctional 
        services or programs.  The money 
        appropriated under this provision is 
        intended to reduce state and county 
        probation officer caseload and workload 
        overcrowding and to increase 
        supervision of individuals sentenced to 
        probation at the county level.  This 
        increased supervision may be 
        accomplished through a variety of 
        methods, including but not limited to:  
        (1) innovative technology services, 
        such as automated probation reporting 
        systems and electronic monitoring; (2) 
        prevention and diversion programs; (3) 
        intergovernmental cooperation 
        agreements between local governments 
        and appropriate community resources; 
        and (4) traditional probation program 
        services. 
        $700,000 the first year and $700,000 
        the second year are for grants to 
        judicial districts for the 
        implementation of innovative projects 
        to improve the administration of 
        justice, including, but not limited to, 
        drug courts, night courts, community 
        courts, family courts, and projects 
        emphasizing early intervention and 
        coordination of justice system 
        resources in the resolution of cases.  
        Of this amount, up to $25,000 may be 
        used to develop a gun education 
        curriculum under article 2.  This is a 
        one-time appropriation. 
        During fiscal year 1998, up to $500,000 
        of unobligated funds available under 
        Minnesota Statutes, section 401.10, 
        subdivision 2, from fiscal year 1997 
        may be used for a court services 
        tracking system for the counties.  
        Notwithstanding Minnesota Statutes, 
        section 401.10, subdivision 2, these 
        funds are available for use in any 
        county using the court services 
        tracking system. 
        Before the commissioner uses money that 
        would otherwise cancel to the general 
        fund for the court services tracking 
        system, the proposal for the system 
        must be reviewed by the criminal and 
        juvenile justice information policy 
        group. 
        $52,500 of the amount appropriated to 
        the commissioner in Laws 1995, chapter 
        226, article 1, section 11, subdivision 
        3, for the criterion-related 
        cross-validation study is available 
        until January 1, 1998.  The study must 
        be completed by January 1, 1998. 
           Sec. 21.  [ACCOUNT BALANCE.] 
           As of June 30, 1999, any balance remaining in the account 
        containing money received through contracts authorized by 
        Minnesota Statutes, section 243.51, subdivisions 1 and 3, is 
        transferred to the inmate housing account in the special revenue 
        fund. 
           Sec. 22.  [REPORT REQUIRED.] 
           (a) By February 1, 1999, the commissioner of corrections 
        shall report to the house and senate committees having 
        jurisdiction over criminal justice policy and funding on how the 
        department of corrections intends to collect information on job 
        placement rates of inmates who have been discharged from 
        department of corrections facilities.  This report shall include 
        information on how the department of corrections can collect 
        summary data on job placement rates of former inmates who are on 
        supervised release, including the types of jobs for which 
        inmates have been hired and the wages earned by the inmates.  
        The report also shall include information on the predischarge or 
        postdischarge assistance that would assist inmates in obtaining 
        employment. 
           (b) "Summary data" has the meaning given in Minnesota 
        Statutes, section 13.02, subdivision 19. 
           Sec. 23.  [HEALTH CARE COST REDUCTIONS.] 
           Subdivision 1.  [IMPLEMENTATION REPORT.] The commissioner 
        of corrections shall report to the chairs and ranking minority 
        members of the senate and house committees and divisions having 
        jurisdiction over criminal justice policy and funding by 
        December 15, 1998, on progress in implementing initiatives 
        related to: 
           (1) a review of the current health care delivery system 
        within the department; 
           (2) development of requests for proposals to consolidate 
        contracts, negotiate discounts, regionalize health care 
        delivery; reduce transportation costs; and implement other 
        health care cost containment initiatives; 
           (3) formalization of utilization review requirements; 
           (4) expansion of telemedicine; and 
           (5) increasing the cost-effective use of infirmary services.
        The report must also include the results of strategic planning 
        efforts, including but not limited to planning efforts to 
        improve fiscal management, improve record keeping and data 
        collection, expand infirmary services, and expand mental health 
        services. 
           Subd. 2.  [COST CONTAINMENT PLAN.] The commissioner shall 
        present to the chairs and ranking minority members of the senate 
        and house committees and divisions having jurisdiction over 
        criminal justice policy and funding, by January 1, 1999, a plan 
        to reduce inmate per diem health care costs over a four-year 
        period.  The plan must propose a strategy to reduce health care 
        costs closer to the national average.  In developing the plan, 
        the commissioner shall consider the use of prepaid, capitated 
        payments and other managed care techniques.  The plan may also 
        include health care initiatives currently being implemented by 
        the commissioner, or being evaluated by the commissioner as part 
        of the development of a strategic plan.  The cost containment 
        plan must include methods to improve data collection and 
        analysis, so as to allow regular reporting of health care 
        expenditures for specific services and procedures and effective 
        monitoring of health care quality. 
           Subd. 3.  [CONSULTATION WITH THE COMMISSIONERS OF HEALTH 
        AND HUMAN SERVICES.] When preparing the report described in 
        subdivision 1 and the plan described in subdivision 2, the 
        commissioner of corrections shall consult with the commissioner 
        of health and the commissioner of human services. 
           Sec. 24.  [REPEALER.] 
           Minnesota Statutes 1997 Supplement, section 243.51, 
        subdivision 4, is repealed. 
           Sec. 25.  [EFFECTIVE DATE.] 
           Sections 1 to 3, 6 to 8, 12, and 18 are effective the day 
        following final enactment.  Sections 13 to 15, 21, and 24 are 
        effective July 1, 1999. 
                                   ARTICLE 10 
                                   JUVENILES 
           Section 1.  Minnesota Statutes 1996, section 241.021, is 
        amended by adding a subdivision to read: 
           Subd. 2b.  [LICENSING PROHIBITION FOR CERTAIN JUVENILE 
        FACILITIES.] The commissioner may not: 
           (1) issue a license under this section to operate a 
        correctional facility for the detention or confinement of 
        juvenile offenders if the facility accepts juveniles who reside 
        outside of Minnesota without an agreement with the entity 
        placing the juvenile at the facility that obligates the entity 
        to pay the educational expenses of the juvenile; or 
           (2) renew a license under this section to operate a 
        correctional facility for the detention or confinement of 
        juvenile offenders if the facility accepts juveniles who reside 
        outside of Minnesota without an agreement with the entity 
        placing the juvenile at the facility that obligates the entity 
        to pay the educational expenses of the juvenile. 
           Sec. 2.  Minnesota Statutes 1997 Supplement, section 
        242.32, subdivision 4, is amended to read: 
           Subd. 4.  [EXCEPTION.] The 100-bed limitation in 
        subdivision 3 does not apply to: 
           (1) up to 32 beds constructed and operated for long-term 
        residential secure programming by a privately operated facility 
        licensed by the commissioner in Rock county, Minnesota; and 
           (2) the campus at the state juvenile correctional facility 
        at Red Wing, Minnesota.  
           Sec. 3.  [245A.30] [LICENSING PROHIBITION FOR CERTAIN 
        JUVENILE FACILITIES.] 
           The commissioner may not: 
           (1) issue any license under Minnesota Rules, parts 
        9545.0905 to 9545.1125, for the residential placement of 
        juveniles at a facility if the facility accepts juveniles who 
        reside outside of Minnesota without an agreement with the entity 
        placing the juvenile at the facility that obligates the entity 
        to pay the educational expenses of the juvenile; or 
           (2) renew a license under Minnesota Rules, parts 9545.0905 
        to 9545.1125, for the residential placement of juveniles if the 
        facility accepts juveniles who reside outside of Minnesota 
        without an agreement with the entity placing the juvenile at the 
        facility that obligates the entity to pay the educational 
        expenses of the juvenile. 
           Sec. 4.  Minnesota Statutes 1997 Supplement, section 
        260.015, subdivision 2a, is amended to read: 
           Subd. 2a.  [CHILD IN NEED OF PROTECTION OR SERVICES.] 
        "Child in need of protection or services" means a child who is 
        in need of protection or services because the child: 
           (1) is abandoned or without parent, guardian, or custodian; 
           (2)(i) has been a victim of physical or sexual abuse, (ii) 
        resides with or has resided with a victim of domestic child 
        abuse as defined in subdivision 24, (iii) resides with or would 
        reside with a perpetrator of domestic child abuse or child abuse 
        as defined in subdivision 28, or (iv) is a victim of emotional 
        maltreatment as defined in subdivision 5a; 
           (3) is without necessary food, clothing, shelter, 
        education, or other required care for the child's physical or 
        mental health or morals because the child's parent, guardian, or 
        custodian is unable or unwilling to provide that care; 
           (4) is without the special care made necessary by a 
        physical, mental, or emotional condition because the child's 
        parent, guardian, or custodian is unable or unwilling to provide 
        that care; 
           (5) is medically neglected, which includes, but is not 
        limited to, the withholding of medically indicated treatment 
        from a disabled infant with a life-threatening condition.  The 
        term "withholding of medically indicated treatment" means the 
        failure to respond to the infant's life-threatening conditions 
        by providing treatment, including appropriate nutrition, 
        hydration, and medication which, in the treating physician's or 
        physicians' reasonable medical judgment, will be most likely to 
        be effective in ameliorating or correcting all conditions, 
        except that the term does not include the failure to provide 
        treatment other than appropriate nutrition, hydration, or 
        medication to an infant when, in the treating physician's or 
        physicians' reasonable medical judgment: 
           (i) the infant is chronically and irreversibly comatose; 
           (ii) the provision of the treatment would merely prolong 
        dying, not be effective in ameliorating or correcting all of the 
        infant's life-threatening conditions, or otherwise be futile in 
        terms of the survival of the infant; or 
           (iii) the provision of the treatment would be virtually 
        futile in terms of the survival of the infant and the treatment 
        itself under the circumstances would be inhumane; 
           (6) is one whose parent, guardian, or other custodian for 
        good cause desires to be relieved of the child's care and 
        custody; 
           (7) has been placed for adoption or care in violation of 
        law; 
           (8) is without proper parental care because of the 
        emotional, mental, or physical disability, or state of 
        immaturity of the child's parent, guardian, or other custodian; 
           (9) is one whose behavior, condition, or environment is 
        such as to be injurious or dangerous to the child or others.  An 
        injurious or dangerous environment may include, but is not 
        limited to, the exposure of a child to criminal activity in the 
        child's home; 
           (10) has committed a delinquent act or a juvenile petty 
        offense before becoming ten years old; 
           (11) is a runaway; 
           (12) is an habitual truant; 
           (13) has been found incompetent to proceed or has been 
        found not guilty by reason of mental illness or mental 
        deficiency in connection with a delinquency proceeding, a 
        certification under section 260.125, an extended jurisdiction 
        juvenile prosecution, or a proceeding involving a juvenile petty 
        offense; 
           (14) is one whose custodial parent's parental rights to 
        another child have been involuntarily terminated within the past 
        five years; or 
           (15) has been found by the court to have committed domestic 
        abuse perpetrated by a minor under Laws 1997, chapter 239, 
        article 10, sections 2 to 26, has been ordered excluded from the 
        child's parent's home by an order for protection/minor 
        respondent, and the parent or guardian is either unwilling or 
        unable to provide an alternative safe living arrangement for the 
        child; or 
           (16) has engaged in prostitution, as defined in section 
        609.321, subdivision 9. 
           Sec. 5.  Minnesota Statutes 1996, section 260.015, 
        subdivision 21, is amended to read: 
           Subd. 21.  [JUVENILE PETTY OFFENDER; JUVENILE PETTY 
        OFFENSE.] (a) "Juvenile petty offense" includes a juvenile 
        alcohol offense, a juvenile controlled substance offense, a 
        violation of section 609.685, or a violation of a local 
        ordinance, which by its terms prohibits conduct by a child under 
        the age of 18 years which would be lawful conduct if committed 
        by an adult.  
           (b) Except as otherwise provided in paragraph (c), 
        "juvenile petty offense" also includes an offense that would be 
        a misdemeanor if committed by an adult.  
           (c) "Juvenile petty offense" does not include any of the 
        following: 
           (1) a misdemeanor-level violation of section 588.20, 
        609.224, 609.2242, 609.324, 609.563, 609.576, 609.66, 609.746, 
        609.79, or 617.23; 
           (2) a major traffic offense or an adult court traffic 
        offense, as described in section 260.193; 
           (3) a misdemeanor-level offense committed by a child whom 
        the juvenile court previously has found to have committed a 
        misdemeanor, gross misdemeanor, or felony offense; or 
           (4) a misdemeanor-level offense committed by a child whom 
        the juvenile court has found to have committed a 
        misdemeanor-level juvenile petty offense on two or more prior 
        occasions, unless the county attorney designates the child on 
        the petition as a juvenile petty offender notwithstanding this 
        prior record.  As used in this clause, "misdemeanor-level 
        juvenile petty offense" includes a misdemeanor-level offense 
        that would have been a juvenile petty offense if it had been 
        committed on or after July 1, 1995.  
           (d) A child who commits a juvenile petty offense is a 
        "juvenile petty offender." 
           Sec. 6.  Minnesota Statutes 1996, section 260.131, is 
        amended by adding a subdivision to read: 
           Subd. 5.  [CONCURRENT JURISDICTION.] When a petition is 
        filed alleging that a child has engaged in prostitution as 
        defined in section 609.321, subdivision 9, the county attorney 
        shall determine whether concurrent jurisdiction is necessary to 
        provide appropriate intervention and, if so, proceed to file a 
        petition alleging the child to be both delinquent and in need of 
        protection or services. 
           Sec. 7.  Minnesota Statutes 1996, section 260.155, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [GENERAL.] (a) Except for hearings arising 
        under section 260.261 260.315, hearings on any matter shall be 
        without a jury and may be conducted in an informal manner, 
        except that a child who is prosecuted as an extended 
        jurisdiction juvenile has the right to a jury trial on the issue 
        of guilt.  The rules of evidence promulgated pursuant to section 
        480.0591 and the law of evidence shall apply in adjudicatory 
        proceedings involving a child alleged to be delinquent, an 
        extended jurisdiction juvenile, or a juvenile petty offender, 
        and hearings conducted pursuant to section 260.125 except to the 
        extent that the rules themselves provide that they do not 
        apply.  In all adjudicatory proceedings involving a child 
        alleged to be in need of protection or services, the court shall 
        admit only evidence that would be admissible in a civil trial.  
        To be proved at trial, allegations of a petition alleging a 
        child to be in need of protection or services must be proved by 
        clear and convincing evidence. 
           (b) Except for proceedings involving a child alleged to be 
        in need of protection or services and petitions for the 
        termination of parental rights, hearings may be continued or 
        adjourned from time to time.  In proceedings involving a child 
        alleged to be in need of protection or services and petitions 
        for the termination of parental rights, hearings may not be 
        continued or adjourned for more than one week unless the court 
        makes specific findings that the continuance or adjournment is 
        in the best interests of the child.  If a hearing is held on a 
        petition involving physical or sexual abuse of a child who is 
        alleged to be in need of protection or services or neglected and 
        in foster care, the court shall file the decision with the court 
        administrator as soon as possible but no later than 15 days 
        after the matter is submitted to the court.  When a continuance 
        or adjournment is ordered in any proceeding, the court may make 
        any interim orders as it deems in the best interests of the 
        minor in accordance with the provisions of sections 260.011 to 
        260.301. 
           (c) Except as otherwise provided in this paragraph, the 
        court shall exclude the general public from hearings under this 
        chapter and shall admit only those persons who, in the 
        discretion of the court, have a direct interest in the case or 
        in the work of the court.  The court shall permit the victim of 
        a child's delinquent act to attend any related delinquency 
        proceeding, except that the court may exclude the victim: 
           (1) as a witness under the Rules of Criminal Procedure; and 
           (2) from portions of a certification hearing to discuss 
        psychological material or other evidence that would not be 
        accessible to the public. 
        The court shall open the hearings to the public in delinquency 
        or extended jurisdiction juvenile proceedings where the child is 
        alleged to have committed an offense or has been proven to have 
        committed an offense that would be a felony if committed by an 
        adult and the child was at least 16 years of age at the time of 
        the offense, except that the court may exclude the public from 
        portions of a certification hearing to discuss psychological 
        material or other evidence that would not be accessible to the 
        public in an adult proceeding. 
           (d) In all delinquency cases a person named in the charging 
        clause of the petition as a person directly damaged in person or 
        property shall be entitled, upon request, to be notified by the 
        court administrator in writing, at the named person's last known 
        address, of (1) the date of the certification or adjudicatory 
        hearings, and (2) the disposition of the case. 
           (e) Adoption hearings shall be conducted in accordance with 
        the provisions of laws relating to adoptions. 
           Sec. 8.  Minnesota Statutes 1997 Supplement, section 
        260.161, subdivision 2, is amended to read: 
           Subd. 2.  [PUBLIC INSPECTION OF RECORDS.] (a) Except as 
        otherwise provided in this section, and except for legal records 
        arising from proceedings or portions of proceedings that are 
        public under section 260.155, subdivision 1, none of the records 
        of the juvenile court and none of the records relating to an 
        appeal from a nonpublic juvenile court proceeding, except the 
        written appellate opinion, shall be open to public inspection or 
        their contents disclosed except (a):  
           (1) by order of a court, (b); or 
           (2) as required by sections 245A.04, 611A.03, 611A.04, 
        611A.06, and 629.73, or (c)  the name of a juvenile who is the 
        subject of a delinquency petition shall be released to. 
           (b) The victim of the any alleged delinquent act may, upon 
        the victim's request; unless it reasonably appears that the 
        request is prompted by a desire on the part of the requester to 
        engage in unlawful activities., obtain the following 
        information, unless it reasonably appears that the request is 
        prompted by a desire on the part of the requester to engage in 
        unlawful activities: 
           (1) the name and age of the juvenile; 
           (2) the act for which the juvenile was petitioned and date 
        of the offense; and 
           (3) the disposition, including but not limited to, 
        dismissal of the petition, diversion, probation and conditions 
        of probation, detention, fines, or restitution.  
           (c) The records of juvenile probation officers and county 
        home schools are records of the court for the purposes of this 
        subdivision.  Court services data relating to delinquent acts 
        that are contained in records of the juvenile court may be 
        released as allowed under section 13.84, subdivision 5a.  This 
        subdivision applies to all proceedings under this chapter, 
        including appeals from orders of the juvenile court, except that 
        this subdivision does not apply to proceedings under section 
        260.255, 260.261, or 260.315 when the proceeding involves an 
        adult defendant.  The court shall maintain the confidentiality 
        of adoption files and records in accordance with the provisions 
        of laws relating to adoptions.  In juvenile court proceedings 
        any report or social history furnished to the court shall be 
        open to inspection by the attorneys of record and the guardian 
        ad litem a reasonable time before it is used in connection with 
        any proceeding before the court. 
           (d) When a judge of a juvenile court, or duly authorized 
        agent of the court, determines under a proceeding under this 
        chapter that a child has violated a state or local law, 
        ordinance, or regulation pertaining to the operation of a motor 
        vehicle on streets and highways, except parking violations, the 
        judge or agent shall immediately report the violation to the 
        commissioner of public safety.  The report must be made on a 
        form provided by the department of public safety and must 
        contain the information required under section 169.95. 
           (e) A county attorney may give a law enforcement agency 
        that referred a delinquency matter to the county attorney a 
        summary of the results of that referral, including the details 
        of any juvenile court disposition. 
           Sec. 9.  Minnesota Statutes 1997 Supplement, section 
        260.165, subdivision 1, is amended to read: 
           Subdivision 1.  No child may be taken into immediate 
        custody except: 
           (a) With an order issued by the court in accordance with 
        the provisions of section 260.135, subdivision 5, or Laws 1997, 
        chapter 239, article 10, section 10, paragraph (a), clause (3), 
        or 12, paragraph (a), clause (3), or by a warrant issued in 
        accordance with the provisions of section 260.145; or 
           (b) In accordance with the laws relating to arrests; or 
           (c) By a peace officer 
           (1) when a child has run away from a parent, guardian, or 
        custodian, or when the peace officer reasonably believes the 
        child has run away from a parent, guardian, or custodian; or 
           (2) when a child is found in surroundings or conditions 
        which endanger the child's health or welfare or which such peace 
        officer reasonably believes will endanger the child's health or 
        welfare.  If an Indian child is a resident of a reservation or 
        is domiciled on a reservation but temporarily located off the 
        reservation, the taking of the child into custody under this 
        clause shall be consistent with the Indian Child Welfare Act of 
        1978, United States Code, title 25, section 1922; 
           (d) By a peace officer or probation or parole officer when 
        it is reasonably believed that the child has violated the terms 
        of probation, parole, or other field supervision; or 
           (e) By a peace officer or probation officer under section 
        260.132, subdivision 1 or 4. 
           Sec. 10.  Minnesota Statutes 1996, section 260.165, is 
        amended by adding a subdivision to read: 
           Subd. 2a.  [PROTECTIVE PAT-DOWN SEARCH OF CHILD 
        AUTHORIZED.] (a) A peace officer who takes a child of any age or 
        gender into custody under the provisions of this section is 
        authorized to perform a protective pat-down search of the child 
        in order to protect the officer's safety.  
           (b) A peace officer also may perform a protective pat-down 
        search of a child in order to protect the officer's safety in 
        circumstances where the officer does not intend to take the 
        child into custody, if this section authorizes the officer to 
        take the child into custody.  
           (c) Evidence discovered in the course of a lawful search 
        under this section is admissible. 
           Sec. 11.  Minnesota Statutes 1996, section 260.255, is 
        amended to read: 
           260.255 [CIVIL JURISDICTION OVER PERSONS CONTRIBUTING TO 
        DELINQUENCY, STATUS AS A JUVENILE PETTY OFFENDER, OR NEED FOR 
        PROTECTION OR SERVICES; COURT ORDERS.] 
           Subdivision 1.  [JURISDICTION.] The juvenile court has 
        civil jurisdiction over persons contributing to the delinquency, 
        status as a juvenile petty offender, or need for protection or 
        services of a child under the provisions of subdivision 2 or 3 
        this section.  
           Subd. 1a.  [PETITION; ORDER TO SHOW CAUSE.] A request for 
        jurisdiction over a person described in subdivision 1 shall be 
        initiated by the filing of a verified petition by the county 
        attorney having jurisdiction over the place where the child is 
        found, resides, or where the alleged act of contributing 
        occurred.  A prior or pending petition alleging that the child 
        is delinquent, a juvenile petty offender, or in need of 
        protection or services is not a prerequisite to a petition under 
        this section.  The petition shall allege the factual basis for 
        the claim that the person is contributing to the child's 
        delinquency, status as a juvenile petty offender, or need for 
        protection or services.  If the court determines, upon review of 
        the verified petition, that probable cause exists to believe 
        that the person has contributed to the child's delinquency, 
        status as a juvenile petty offender, or need for protection or 
        services, the court shall issue an order to show cause why the 
        person should not be subject to the jurisdiction of the court.  
        The order to show cause and a copy of the verified petition 
        shall be served personally upon the person and shall set forth 
        the time and place of the hearing to be conducted under 
        subdivision 2.  
           Subd. 2.  [HEARING.] If in (a) The court shall conduct a 
        hearing on the petition in accordance with the procedures 
        contained in paragraph (b).  
           (b) Hearings under this subdivision shall be without a jury.
        The rules of evidence promulgated pursuant to section 480.0591 
        and the provisions under section 260.156 shall apply.  In all 
        proceedings under this section, the court shall admit only 
        evidence that would be admissible in a civil trial.  When the 
        respondent is an adult, hearings under this subdivision shall be 
        open to the public.  Hearings shall be conducted within five 
        days of personal service of the order to show cause and may be 
        continued for a reasonable period of time if a continuance is in 
        the best interest of the child or in the interests of justice. 
           (c) At the conclusion of the hearing of a case of a child 
        alleged to be delinquent or in need of protection or services it 
        appears, if the court finds by a fair preponderance of the 
        evidence that any person has violated the provisions of the 
        person has contributed to the child's delinquency, status as a 
        juvenile petty offender, or need for protection or services, as 
        defined in section 260.315, the court may make any of the 
        following orders: 
           (a) (1) restrain the person from any further act or 
        omission in violation of section 260.315; or 
           (b) (2) prohibit the person from associating or 
        communicating in any manner with the child; or 
           (c) Provide for the maintenance or care of the child, if 
        the person is responsible for such, and direct when, how, and 
        where money for such maintenance or care shall be paid.  
           (3) require the person to participate in evaluation or 
        services determined necessary by the court to correct the 
        conditions that contributed to the child's delinquency, status 
        as a juvenile petty offender, or need for protection or 
        services; 
           (4) require the person to provide supervision, treatment, 
        or other necessary care; 
           (5) require the person to pay restitution to a victim for 
        pecuniary damages arising from an act of the child relating to 
        the child's delinquency, status as a juvenile petty offender, or 
        need for protection or services; 
           (6) require the person to pay the cost of services provided 
        to the child or for the child's protection; or 
           (7) require the person to provide for the child's 
        maintenance or care if the person is responsible for the 
        maintenance or care, and direct when, how, and where money for 
        the maintenance or care shall be paid.  If the person is 
        receiving public assistance for the child's maintenance or care, 
        the court shall authorize the public agency responsible for 
        administering the public assistance funds to make payments 
        directly to vendors for the cost of food, shelter, medical care, 
        utilities, and other necessary expenses.  
           (d) An order issued under this section shall be for a fixed 
        period of time, not to exceed one year.  The order may be 
        renewed or modified prior to expiration upon notice and motion 
        when there has not been compliance with the court's order or the 
        order continues to be necessary to eliminate the contributing 
        behavior or to mitigate its effect on the child. 
           Subd. 3.  [CRIMINAL PROCEEDINGS.] Before making any order 
        under subdivision 2 the court shall issue an order to show 
        cause, either upon its own motion or upon a verified petition, 
        specifying the charges made against the person and fixing the 
        time and place of the hearing.  The order to show cause shall be 
        served personally and shall be heard in the same manner as 
        provided in other cases in the juvenile court.  The county 
        attorney may bring both a criminal proceeding under section 
        260.315 and a civil action under this section. 
           Sec. 12.  Minnesota Statutes 1996, section 260.315, is 
        amended to read: 
           260.315 [CRIMINAL JURISDICTION FOR CONTRIBUTING TO NEED FOR 
        PROTECTION OR SERVICES, STATUS AS A JUVENILE PETTY OFFENDER, OR 
        DELINQUENCY.] 
           Subdivision 1.  [CRIMES.] (a) Any person who by act, word, 
        or omission encourages, causes, or contributes to the need for 
        protection or services or delinquency of a child, or to a 
        child's status as a juvenile petty offender, is guilty of 
        a gross misdemeanor.  
           (b) This section does not apply to licensed social service 
        agencies and outreach workers who, while acting within the scope 
        of their professional duties, provide services to runaway 
        children. 
           Subd. 2.  [COMPLAINT; VENUE.] A complaint under this 
        section may be filed by the county attorney having jurisdiction 
        where the child is found, resides, or where the alleged act of 
        contributing occurred.  The complaint may be filed in either the 
        juvenile or criminal divisions of the district court.  A prior 
        or pending petition alleging that the child is delinquent, a 
        juvenile petty offender, or in need of protection or services is 
        not a prerequisite to a complaint or a conviction under this 
        section.  
           Subd. 3.  [AFFIRMATIVE DEFENSE.] If the child is alleged to 
        be delinquent or a juvenile petty offender, or if the child's 
        conduct is the basis for the child's need for protection or 
        services, it is an affirmative defense to a prosecution under 
        subdivision 1 if the defendant proves, by a preponderance of the 
        evidence, that the defendant took reasonable steps to control 
        the child's conduct.  
           Sec. 13.  Laws 1997, chapter 239, article 1, section 12, 
        subdivision 3, is amended to read: 
        Subd. 3.  Juvenile Services
            17,070,000     17,790,000 
        $500,000 each year is to plan for and 
        establish a weekend camp program at 
        Camp Ripley designed for first- or 
        second-time male juvenile offenders and 
        youth at risk.  All youth shall be ages 
        11 to 14.  The commissioner shall 
        develop eligibility standards for the 
        program.  The camp shall be a highly 
        structured program and teach work 
        skills, such as responsibility, 
        organization, time management, and 
        follow-through.  The juvenile offenders 
        juveniles will each develop a community 
        service plan that will be implemented 
        upon return to the community.  The 
        program shall receive referrals from 
        youth service agencies, police, school 
        officials, parents, and the courts.  By 
        January 15, 1998, the commissioner 
        shall report to the chairs of the house 
        and senate criminal justice funding 
        divisions a proposed budget for this 
        camp program for the second year of the 
        fiscal biennium and shall include a 
        description of the proposed outcomes 
        for the program. 
        $100,000 the first year is to conduct 
        planning for and evaluation of 
        additional camp programs and aftercare 
        services for juvenile offenders, 
        including, but not limited to, the 
        Vision Quest program and a three-week 
        work camp. 
        $500,000 the first year is to renovate 
        two cottages at the Minnesota 
        correctional facility-Red Wing.  
        $1,021,000 the second year is to 
        transfer the sex offender program from 
        the Minnesota correctional 
        facility-Sauk Centre and operate it at 
        the Minnesota correctional facility-Red 
        Wing. 
        $333,000 the second year is for housing 
        and programming for female juvenile 
        offenders committed to the commissioner 
        of corrections. 
        $130,000 the first year and $130,000 
        the second year are to improve 
        aftercare services for juveniles 
        released from correctional facilities 
        by adding two professional and one 
        clerical positions. 
        The commissioner shall design the 
        juvenile support network to provide 
        aftercare services for these 
        offenders.  The network must coordinate 
        support services in the community for 
        returning juveniles.  Counties, 
        communities, and schools must develop 
        and implement the network.  The 
        commissioner shall require aftercare 
        programs to be incorporated into 
        Community Corrections Act plans. 
           Sec. 14.  [260.162] [REPORT ON JUVENILE DELINQUENCY 
        PETITIONS.] 
           The state court administrator shall annually prepare and 
        present to the chairs and ranking minority members of the house 
        judiciary committee and the senate crime prevention committee 
        aggregate data by judicial district on juvenile delinquency 
        petitions.  The report must include, but need not be limited to, 
        information on the act for which a delinquency petition is 
        filed, the age of the juvenile, the county where the petition 
        was filed, the outcome of the petition, such as dismissal, 
        continuance for dismissal, continuance without adjudication, and 
        the disposition of the petition such as diversion, detention, 
        probation, restitution, or fine.  The report must be prepared on 
        a calendar year basis and be submitted annually beginning July 
        1, 1999. 
           Sec. 15.  [LICENSING MORATORIUM; JUVENILE FACILITIES.] 
           Subdivision 1.  [MORATORIUM; COMMISSIONER OF CORRECTIONS.] 
        Except as provided in subdivision 4, the commissioner of 
        corrections may not: 
           (1) issue any license under Minnesota Statutes, section 
        241.021, to operate a new correctional facility for the 
        detention or confinement of juvenile offenders that will include 
        more than 25 beds for juveniles; or 
           (2) renew a license under Minnesota Statutes, section 
        241.021, to operate a correctional facility licensed before the 
        effective date of this moratorium, for the detention or 
        confinement of juvenile offenders, if the number of beds in the 
        facility will increase by more than 25 beds since the time the 
        most recent license was issued. 
           Subd. 2.  [MORATORIUM; COMMISSIONER OF HUMAN SERVICES.] 
        Except as provided in subdivision 4, the commissioner of human 
        services may not: 
           (1) issue any license under Minnesota Rules, parts 
        9545.0905 to 9545.1125, for the residential placement of 
        juveniles at a facility that will include more than 25 beds for 
        juveniles; or 
           (2) renew a license under Minnesota Rules, parts 9545.0905 
        to 9545.1125, for the residential placement of juveniles at a 
        facility licensed before the effective date of this moratorium, 
        if the number of beds in the facility will increase by more than 
        25 beds since the time the most recent license was issued. 
           Subd. 3.  [MORATORIUM; OTHER BEDS.] Except as provided in 
        subdivision 4, no state agency may: 
           (1) issue a license for any new facility that will provide 
        an out-of-home placement for more than 25 juveniles at one time; 
        or 
           (2) renew a license for any existing facility licensed 
        before the effective date of this moratorium, if the number of 
        beds in the facility will increase by more than 25 beds since 
        the time the most recent license was issued.  
           For the purposes of this subdivision, "juvenile" means a 
        delinquent child, as defined in Minnesota Statutes, section 
        260.015, subdivision 5; a juvenile petty offender, as defined in 
        Minnesota Statutes, section 260.015, subdivision 21; or a child 
        in need of protection or services, as defined in Minnesota 
        Statutes, section 260.015, subdivision 2a. 
           Subd. 4.  [EXEMPTIONS.] The moratorium in this section does 
        not apply to: 
           (1) any secure juvenile detention and treatment facility, 
        which is funded in part through a grant under Laws 1994, chapter 
        643, section 79; 
           (2) the department of corrections facilities at Red Wing 
        and Sauk Centre; 
           (3) the proposed department of corrections facility at Camp 
        Ripley; 
           (4) any facility that submitted a formal request for 
        licensure under Minnesota Statutes, section 241.021, before 
        December 31, 1997; 
           (5) any residential academy receiving state funding for 
        fiscal year 1998 or 1999 for capital improvements; 
           (6) a license that replaces an existing license issued by 
        the commissioner of health to a psychiatric hospital in Rice 
        county that primarily serves children and adolescents, which new 
        license replaces one-for-one the number of beds previously 
        licensed by the commissioner of health; and 
           (7) the department of human services juvenile treatment 
        programs located at Brainerd regional human services center and 
        Willmar regional treatment center, which receive court-ordered 
        admissions. 
           Subd. 5.  [MORATORIUM; LENGTH.] The moratorium in this 
        section stays in effect until June 30, 1999. 
           Sec. 16.  [JUVENILE PLACEMENT STUDY.] 
           The legislative audit commission is requested to direct the 
        legislative auditor to conduct a study of juvenile out-of-home 
        placements.  The study must include: 
           (1) an evaluation of existing placements for juveniles, 
        including, but not limited to, the number of beds at each 
        facility, the average number of beds occupied each day at each 
        facility, and the location of each facility, and an analysis of 
        the projected need for an increased number of beds for juvenile 
        out-of-home placements, including the geographic area where beds 
        will be needed; 
           (2) an evaluation of existing services and programming 
        provided in juvenile out-of-home placements and an assessment of 
        the types of services and programming that are needed in 
        juvenile out-of-home placements, by geographic area; 
           (3) an evaluation of the utilization of continuum of care; 
           (4) an assessment of the reasons why juveniles are placed 
        outside their homes; 
           (5) a summary of the demographics of juveniles placed 
        outside their homes, by county, including information on race, 
        gender, age, and other relevant factors; 
           (6) a summary of the geographic distance between the 
        juvenile's home and the location of the out-of-home placement, 
        including observations for the reasons a juvenile was placed at 
        a particular location; 
           (7) a determination of the average length of time that a 
        juvenile in Minnesota spends in an out-of-home placement and a 
        determination of the average length of time that a juvenile 
        spends in each type of out-of-home placement, including, but not 
        limited to, residential treatment centers, correctional 
        facilities, and group homes; 
           (8) a determination of the completion rates of juveniles 
        participating in programming in out-of-home placements and an 
        analysis of the reasons for noncompletion of programming; 
           (9) a determination of the percentage of juveniles whose 
        out-of-home placement ends due to the juvenile's failure to meet 
        the rules and conditions of the out-of-home placement and an 
        analysis of the reasons the juvenile failed; 
           (10) an analysis of the effectiveness of the juvenile 
        out-of-home placement, including information on recidivism, 
        where applicable, and the child's performance after returning to 
        the child's home; 
           (11) an estimate of the cost each county spends on juvenile 
        out-of-home placements; 
           (12) a description and examination of the per diem 
        components per offender at state, local, and private facilities 
        providing placements for juveniles; and 
           (13) any other issues that may affect juvenile out-of-home 
        placements. 
           If the commission directs the auditor to conduct this 
        study, the auditor shall report its findings to the chairs and 
        ranking minority members of the house and senate committees and 
        divisions with jurisdiction over criminal justice policy and 
        funding by January 15, 1999. 
           Sec. 17.  [REPEALER.] 
           Minnesota Statutes 1996, section 260.261, is repealed. 
           Sec. 18.  [EFFECTIVE DATE.] 
           Sections 1 and 3 are effective July 1, 1998.  Sections 2, 
        9, 10, 13, 15, and 16 are effective the day following final 
        enactment.  Sections 4 to 8, 11, 12, 14, and 17 are effective 
        August 1, 1998, and apply to acts occurring on or after that 
        date. 
                                   ARTICLE 11
                                OTHER PROVISIONS
           Section 1.  Minnesota Statutes 1996, section 12.09, is 
        amended by adding a subdivision to read: 
           Subd. 9.  [VOLUNTEER RESOURCES COORDINATION.] The division 
        shall provide ongoing coordination of a network of state, local, 
        and federal government agencies and private organizations to 
        ensure the smooth coordination of donations and volunteerism 
        during major disasters.  Duties include:  
           (1) hotline management, including training, staffing, 
        information distribution, and coordination with emergency 
        operations management; 
           (2) coordination between government and private relief 
        agencies; 
           (3) networking with volunteer organizations; 
           (4) locating resources for anticipated disaster needs and 
        making these resources available to local governments in a 
        database; 
           (5) training in disaster preparation; 
           (6) revising existing plans based on experience with 
        disasters and testing the plans with simulated disasters; and 
           (7) maintaining public information about disaster donations 
        and volunteerism. 
           Sec. 2.  Minnesota Statutes 1996, section 13.99, is amended 
        by adding a subdivision to read: 
           Subd. 90c.  [ARSON INVESTIGATIVE DATA SYSTEM.] Data in the 
        arson investigative data system are classified in section 
        299F.04, subdivision 3a.  
           Sec. 3.  Minnesota Statutes 1997 Supplement, section 
        168.042, subdivision 11a, is amended to read: 
           Subd. 11a.  [CHARGE FOR REINSTATEMENT OF REGISTRATION 
        PLATES IN CERTAIN SITUATIONS.] When the registrar of motor 
        vehicles reinstates a person's registration plates after 
        impoundment for reasons other than those described in 
        subdivision 11, the registrar shall charge the person $25 $50 
        for each vehicle for which the registration plates are being 
        reinstated.  Money raised under this subdivision must be paid 
        into the state treasury and credited to the highway user tax 
        distribution fund. 
           Sec. 4.  Minnesota Statutes 1996, section 168.042, 
        subdivision 12, is amended to read: 
           Subd. 12.  [ISSUANCE OF SPECIAL REGISTRATION PLATES.] A 
        violator or registered owner may apply to the commissioner for 
        new registration plates, which must bear a special series of 
        numbers or letters so as to be readily identified by traffic law 
        enforcement officers.  The commissioner may authorize the 
        issuance of special plates if: 
           (1) the violator has a qualified licensed driver whom the 
        violator must identify; 
           (2) the violator or registered owner has a limited license 
        issued under section 171.30; 
           (3) the registered owner is not the violator and the 
        registered owner has a valid or limited driver's license; or 
           (4) a member of the registered owner's household has a 
        valid driver's license. 
        The commissioner may issue the special plates on payment of a 
        $25 $50 fee for each vehicle for which special plates are 
        requested. 
           Sec. 5.  Minnesota Statutes 1996, section 168.042, 
        subdivision 15, is amended to read: 
           Subd. 15.  [FEES CREDITED TO HIGHWAY USER FUND.] Fees 
        collected from the sale or reinstatement of license plates under 
        this section must be paid into the state treasury and 
        credited one-half to the highway user tax distribution fund and 
        one-half to the general fund. 
           Sec. 6.  [169.1219] [REMOTE ELECTRONIC ALCOHOL MONITORING 
        PROGRAM.] 
           Subdivision 1.  [DEFINITIONS.] As used in this section, the 
        following terms have the meanings given. 
           (a) "Breath analyzer unit" means a device that performs 
        breath alcohol testing and is connected to a remote electronic 
        alcohol monitoring system. 
           (b) "Remote electronic alcohol monitoring system" means a 
        system that electronically monitors the alcohol concentration of 
        individuals in their homes or other locations to ensure 
        compliance with conditions of pretrial release, supervised 
        release, or probation. 
           Subd. 2.  [PROGRAM ESTABLISHED.] In cooperation with the 
        conference of chief judges, the state court administrator, and 
        the commissioner of public safety, the commissioner of 
        corrections shall establish a program to use breath analyzer 
        units to monitor DWI offenders who are ordered to abstain from 
        alcohol use as a condition of pretrial release, supervised 
        release, or probation.  The program must include procedures to 
        ensure that violators of this condition of release receive swift 
        consequences for the violation. 
           Subd. 3.  [COSTS OF PROGRAM.] Offenders who are ordered to 
        participate in the program shall also be ordered to pay the per 
        diem cost of the monitoring unless the offender is indigent.  
        The commissioner of corrections shall reimburse the judicial 
        districts in a manner proportional to their use of remote 
        electronic alcohol monitoring for any costs the districts incur 
        in participating in the program.  
           Subd. 4.  [REPORT REQUIRED.] After five years, the 
        commissioner of corrections shall evaluate the effectiveness of 
        the program and report the results of this evaluation to the 
        conference of chief judges, the state court administrator, the 
        commissioner of public safety, and the chairs and ranking 
        minority members of the house and senate committees and 
        divisions having jurisdiction over criminal justice policy and 
        funding. 
           Sec. 7.  Minnesota Statutes 1997 Supplement, section 
        171.29, subdivision 2, is amended to read: 
           Subd. 2.  [FEES, ALLOCATION.] (a) A person whose driver's 
        license has been revoked as provided in subdivision 1, except 
        under section 169.121 or 169.123, shall pay a $30 fee before the 
        driver's license is reinstated. 
           (b) A person whose driver's license has been revoked as 
        provided in subdivision 1 under section 169.121 or 169.123 shall 
        pay a $250 fee plus a $10 $40 surcharge before the driver's 
        license is reinstated.  The $250 fee is to be credited as 
        follows: 
           (1) Twenty percent shall be credited to the trunk highway 
        fund. 
           (2) Fifty-five percent shall be credited to the general 
        fund. 
           (3) Eight percent shall be credited to a separate account 
        to be known as the bureau of criminal apprehension account.  
        Money in this account may be appropriated to the commissioner of 
        public safety and the appropriated amount shall be apportioned 
        80 percent for laboratory costs and 20 percent for carrying out 
        the provisions of section 299C.065. 
           (4) Twelve percent shall be credited to a separate account 
        to be known as the alcohol-impaired driver education account.  
        Money in the account is appropriated as follows: 
           (i) The first $200,000 in a fiscal year is to the 
        commissioner of children, families, and learning for programs in 
        elementary and secondary schools. 
           (ii) The remainder credited in a fiscal year is 
        appropriated to the commissioner of transportation to be spent 
        as grants to the Minnesota highway safety center at St. Cloud 
        State University for programs relating to alcohol and highway 
        safety education in elementary and secondary schools. 
           (5) Five percent shall be credited to a separate account to 
        be known as the traumatic brain injury and spinal cord injury 
        account.  $100,000 is annually appropriated from the account to 
        the commissioner of human services for traumatic brain injury 
        case management services.  The remaining money in the account is 
        annually appropriated to the commissioner of health to establish 
        and maintain the traumatic brain injury and spinal cord injury 
        registry created in section 144.662 and to reimburse the 
        commissioner of economic security for the reasonable cost of 
        services provided under section 268A.03, clause (o). 
           (c) The $10 $40 surcharge shall be credited to a separate 
        account to be known as the remote electronic alcohol monitoring 
        pilot program account.  The commissioner shall transfer the 
        balance of this account to the commissioner of finance on a 
        monthly basis for deposit in the general fund. 
           Sec. 8.  Minnesota Statutes 1996, section 299A.61, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [CHARGES FOR SERVICES AUTHORIZED.] The 
        commissioner of public safety may charge a fee to members of the 
        network for the services that the network provides.  Money 
        collected from these fees is appropriated to the commissioner of 
        public safety and must be used for network expenses.  
           Sec. 9.  Minnesota Statutes 1996, section 299F.04, is 
        amended by adding a subdivision to read: 
           Subd. 3a.  [ARSON INVESTIGATIVE DATA SYSTEM.] (a) As used 
        in this section, "criminal justice agency" means state and local 
        prosecution authorities, state and local law enforcement 
        agencies, local fire departments, and the office of state fire 
        marshal. 
           (b) The state fire marshal shall administer and maintain a 
        computerized arson investigative data system for the purpose of 
        assisting criminal justice agencies in the investigation and 
        prosecution of suspected arson violations.  This data system is 
        separate from the reporting system maintained by the department 
        of public safety under section 299F.05, subdivision 2.  The 
        system consists of data on individuals who are 14 years old or 
        older who law enforcement agencies determine are or may be 
        engaged in arson activity.  Notwithstanding section 260.161, 
        subdivision 3, data in the system on adults and juveniles may be 
        maintained together.  Data in the system must be submitted and 
        maintained as provided in this subdivision. 
           (c) Subject to the provisions of paragraph (d), a criminal 
        justice agency may submit the following data on suspected arson 
        violations to the arson investigative data system: 
           (1) the suspect's name, known aliases, if any, and other 
        identifying characteristics; 
           (2) the modus operandi used to commit the violation, 
        including means of ignition; 
           (3) any known motive for the violation; 
           (4) any other crimes committed as part of the same 
        behavioral incident; 
           (5) the address of the building, the building owner's 
        identity, and the building occupant's identity; and 
           (6) the name of the reporting agency and a contact person. 
        A criminal justice agency that reports data to the arson 
        investigative data system shall maintain records documenting the 
        data in its own records system for at least the time period 
        specified in paragraph (e). 
           (d) The state fire marshal shall maintain in the arson 
        investigative data system any of the data reported under 
        paragraph (c) that the fire marshal believes will assist in the 
        investigation and prosecution of arson cases.  In lieu of or in 
        connection with any of these data, the state fire marshal may 
        include in the data system a reference to the criminal justice 
        agency that originally reported the data, with a notation to 
        system users that the agency is the repository of more detailed 
        information on the particular suspected arson violation. 
           (e) Notwithstanding section 138.17, the state fire marshal 
        shall destroy data on juveniles entered into the system when 
        three years have elapsed since the data were entered into the 
        system, except as otherwise provided in this paragraph.  If the 
        fire marshal has information that, since entry of data into the 
        system, the juvenile has been convicted as an adult or has been 
        adjudicated or has a stayed adjudication as a juvenile for an 
        offense that would be a crime if committed by an adult, the data 
        must be maintained until three years have elapsed since the last 
        record of a conviction, adjudication, or stayed adjudication of 
        the individual.  Upon request of the criminal justice agency 
        that submitted data to the system, the state fire marshal shall 
        destroy the data regardless of whether three years have elapsed 
        since the data were entered into the system. 
           (f) Data in the arson investigative data system are 
        confidential data on individuals as defined in section 13.02, 
        subdivision 3, but are accessible to criminal justice agencies. 
           Sec. 10.  Minnesota Statutes 1996, section 299M.01, 
        subdivision 7, is amended to read: 
           Subd. 7.  [FIRE PROTECTION SYSTEM.] "Fire protection 
        system" means a sprinkler, standpipe, hose system, or other 
        special hazard system for fire protection purposes only, that is 
        composed of an integrated system of underground and overhead 
        piping connected to a potable water source.  "Fire protection 
        system" does not include the water service piping to a city 
        water main, or piping used for potable water purposes, or piping 
        used for heating or cooling purposes.  Openings from potable 
        water piping for fire protection systems must be made by persons 
        properly licensed under section 326.40.  Persons properly 
        licensed under section 326.40 may also sell, design, install, 
        modify or inspect a standpipe, hose system only. 
           Sec. 11.  Minnesota Statutes 1996, section 299M.02, is 
        amended to read: 
           299M.02 [ADVISORY COUNCIL.] 
           Subdivision 1.  [COMPENSATION; REMOVAL; EXPIRATION 
        CREATION.] The Minnesota commissioner shall establish a fire 
        protection advisory council on fire protection systems and its 
        members are governed by section 15.059, except that the terms of 
        members are governed by subdivision 2. 
           Subd. 2.  [MEMBERSHIP.] The council consists of the 
        commissioner of public safety, or the commissioner's designee, 
        the commissioner of labor and industry or the commissioner's 
        designee, and eight members appointed for a term of three years 
        by the governor commissioner.  Two members must be licensed fire 
        protection contractors or full-time, managing employees actively 
        engaged in a licensed fire protection contractor business.  Two 
        members must be journeyman sprinkler fitters certified as 
        competent under this chapter.  One member of the council must be 
        an active member of the Minnesota State Fire Chiefs 
        Association.  One member must be an active member of the Fire 
        Marshals Association of Minnesota.  One member must be a 
        building official certified by the department of administration, 
        who is professionally competent in fire protection system 
        inspection.  One member must be a member of the general public.  
        The commissioners commissioner or their designees are designee 
        is a nonvoting members member. 
           Subd. 3.  [DUTIES.] The council shall advise the 
        commissioners commissioner of public safety and labor and 
        industry on matters within the council's expertise or under the 
        regulation of the commissioners commissioner.  
           Sec. 12.  Minnesota Statutes 1996, section 299M.03, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CONTRACTOR LICENSE.] Except for 
        residential installations by the owner of an occupied one- or 
        two-family dwelling, a person may not sell, design, install, 
        modify, or inspect a fire protection system, its parts, or 
        related equipment, or offer to do so, unless annually licensed 
        to perform these duties as a fire protection contractor.  No 
        license is required under this section for a person licensed as 
        a professional engineer under section 326.03 who is competent in 
        fire protection system design or a person licensed as an alarm 
        and communication contractor under section 326.2421 for 
        performing activities authorized by that license. 
           Sec. 13.  Minnesota Statutes 1996, section 299M.03, 
        subdivision 2, is amended to read: 
           Subd. 2.  [JOURNEYMAN CERTIFICATE.] Except for residential 
        installations by the owner of an occupied one- or two-family 
        dwelling, a person may not install, connect, alter, repair, or 
        add to a fire protection system, under the supervision of a fire 
        protection contractor, unless annually certified to perform 
        those duties as a journeyman sprinkler fitter or as a registered 
        apprentice sprinkler fitter.  This subdivision does not apply to 
        a person altering or repairing a fire protection system if the 
        system uses low pressure water and the system is located in a 
        facility regulated under the federal Mine Occupational Safety 
        and Health Act. 
           Sec. 14.  Minnesota Statutes 1996, section 299M.04, is 
        amended to read: 
           299M.04 [RULES; SETTING FEES; ORDERS; PENALTIES.] 
           The commissioner shall adopt permanent rules for operation 
        of the council; regulation by municipalities; permit, filing, 
        inspection, certificate, and license fees; qualifications, 
        examination, and licensing of fire protection contractors; 
        certification of journeyman sprinkler fitters; registration of 
        apprentices; and the administration and enforcement of this 
        chapter.  Fees must be set under section 16A.1285.  Permit fees 
        must be a percentage of the total cost of the fire protection 
        work. 
           The commissioner may issue a cease and desist order to 
        cease an activity considered an immediate risk to public health 
        or public safety.  The commissioner shall adopt permanent rules 
        governing when an order may be issued; how long the order is 
        effective; notice requirements; and other procedures and 
        requirements necessary to implement, administer, and enforce the 
        provisions of this chapter.  
           The commissioner, in place of or in addition to licensing 
        sanctions allowed under this chapter, may impose a civil penalty 
        not greater than $1,000 for each violation of this chapter or 
        rule adopted under this chapter, for each day of violation.  The 
        commissioner shall adopt permanent rules governing and 
        establishing procedures for implementation, administration, and 
        enforcement of this paragraph.  
           Sec. 15.  Minnesota Statutes 1996, section 299M.08, is 
        amended to read: 
           299M.08 [PENALTY.] 
           It is a misdemeanor for any person to intentionally commit 
        or direct another person to commit either of the following acts: 
           (1) to make a false statement in a license application, 
        request for inspection, certificate, or other form or statement 
        authorized or required under this chapter; or 
           (2) to perform fire protection system work without a proper 
        permit, when required, and or without a license or certificate 
        for that work. 
           Sec. 16.  Minnesota Statutes 1996, section 299M.12, is 
        amended to read: 
           299M.12 [CONFLICTS OF LAWS.] 
           This chapter is not intended to conflict with and does not 
        supersede the Minnesota state building code, or the Minnesota 
        uniform fire code, or other state law. 
           Sec. 17.  Minnesota Statutes 1997 Supplement, section 
        504.181, subdivision 1, is amended to read: 
           Subdivision 1.  [TERMS OF COVENANT.] In every lease or 
        license of residential premises, whether in writing or parol, 
        the lessor or licensor and the lessee or licensee covenant that: 
           (1) neither will: 
           (i) unlawfully allow controlled substances in those 
        premises or in the common area and curtilage of the premises; 
           (ii) allow prostitution or prostitution-related activity as 
        defined in section 617.80, subdivision 4, to occur on the 
        premises or in the common area and curtilage of the premises; or 
           (iii) allow the unlawful use or possession of a firearm in 
        violation of section 609.66, subdivision 1a, 609.67, or 624.713, 
        on the premises or in the common area and curtilage of the 
        premises; or 
           (iv) allow stolen property or property obtained by robbery 
        in those premises or in the common area and curtilage of the 
        premises; and 
           (2) the common area and curtilage of the premises will not 
        be used by either the lessor or licensor or the lessee or 
        licensee or others acting under the control of either to 
        manufacture, sell, give away, barter, deliver, exchange, 
        distribute, purchase, or possess a controlled substance in 
        violation of any criminal provision of chapter 152. 
           The covenant is not violated when a person other than the 
        lessor or licensor or the lessee or licensee possesses or allows 
        controlled substances in the premises, common area, or 
        curtilage, unless the lessor or licensor or the lessee or 
        licensee knew or had reason to know of that activity. 
           Sec. 18.  [604.12] [RESTRICTIONS ON DENYING ACCESS TO 
        PLACES OF PUBLIC ACCOMMODATION; CIVIL ACTIONS.] 
           Subdivision 1.  [DEFINITIONS.] As used in this section: 
           (1) "place of public accommodation" has the meaning given 
        in section 363.01, subdivision 33, but excludes recreational 
        trails; 
           (2) "criminal gang" has the meaning given in section 
        609.229, subdivision 1; and 
           (3) "obscene" has the meaning given in section 617.241, 
        subdivision 1. 
           Subd. 2.  [PROHIBITION.] (a) A place of public 
        accommodation may not restrict access, admission, or usage to a 
        person solely because the person operates a motorcycle or is 
        wearing clothing that displays the name of an organization or 
        association. 
           (b) This subdivision does not prohibit the restriction of 
        access, admission, or usage to a person because: 
           (1) the person's conduct poses a risk to the health or 
        safety of another or to the property of another; or 
           (2) the clothing worn by the person is obscene or includes 
        the name or symbol of a criminal gang. 
           Subd. 3.  [CIVIL CAUSE OF ACTION.] A person injured by a 
        violation of subdivision 2 may bring an action for actual 
        damages, punitive damages under sections 549.191 and 549.20 in 
        an amount not to exceed $500, injunctive relief, and reasonable 
        attorney fees in an amount not to exceed $500. 
           Subd. 4.  [VIOLATION NOT A CRIME.] Notwithstanding section 
        645.241, a violation of subdivision 2 is not a crime. 
           Sec. 19.  Minnesota Statutes 1996, section 609A.03, 
        subdivision 2, is amended to read: 
           Subd. 2.  [CONTENTS OF PETITION.] A petition for 
        expungement shall be signed under oath by the petitioner and 
        shall state the following: 
           (1) the petitioner's full name and all other legal names or 
        aliases by which the petitioner has been known at any time; 
           (2) the petitioner's date of birth; 
           (3) all of the petitioner's addresses from the date of the 
        offense or alleged offense in connection with which an 
        expungement order is sought, to the date of the petition; 
           (4) why expungement is sought, if it is for employment or 
        licensure purposes, the statutory or other legal authority under 
        which it is sought, and why it should be granted; 
           (5) the details of the offense or arrest for which 
        expungement is sought, including date and jurisdiction of the 
        occurrence, court file number, and date of conviction or of 
        dismissal; 
           (6) in the case of a conviction, what steps the petitioner 
        has taken since the time of the offense toward personal 
        rehabilitation, including treatment, work, or other personal 
        history that demonstrates rehabilitation; 
           (7) petitioner's criminal conviction record indicating all 
        convictions for misdemeanors, gross misdemeanors, or felonies in 
        this state, and for all comparable convictions in any other 
        state, federal court, or foreign country, whether the 
        convictions occurred before or after the arrest or conviction 
        for which expungement is sought; and 
           (8) petitioner's criminal charges record indicating all 
        prior and pending criminal charges against the petitioner in 
        this state or another jurisdiction, including all criminal 
        charges that have been continued for dismissal or stayed for 
        adjudication, or have been the subject of pretrial diversion; 
        and 
           (9) all prior requests by the petitioner, whether for the 
        present offense or for any other offenses, in this state or any 
        other state or federal court, for pardon, return of arrest 
        records, or expungement or sealing of a criminal record, whether 
        granted or not, and all stays of adjudication or imposition of 
        sentence involving the petitioner. 
           Sec. 20.  [626.74] [COMPENSATION FOR DAMAGE CAUSED BY PEACE 
        OFFICERS IN PERFORMING LAW ENFORCEMENT DUTIES.] 
           Subdivision 1.  [DEFINITIONS.] As used in this section: 
           (1) "just compensation" means the compensation owed to an 
        innocent third party under the state constitution by a Minnesota 
        local government unit due to property damage caused by a peace 
        officer in the course of executing a search warrant or 
        apprehending a criminal suspect; and 
           (2) "peace officer" has the meaning given in section 626.84.
           Subd. 2.  [RESPONSIBLE GOVERNMENT UNIT; EXECUTION OF SEARCH 
        WARRANT.] If just compensation is owed for damage caused in the 
        execution of a search warrant or the apprehension of a criminal 
        suspect, the Minnesota local government unit employing the peace 
        officer who sought issuance of the warrant or initiated the 
        apprehension is responsible for paying the compensation.  Except 
        as otherwise provided in this subdivision, if the search warrant 
        is executed or the apprehension is accomplished by a peace 
        officer from another Minnesota local government unit in aid of 
        the officer originating the warrant or initiating the 
        apprehension, the responsibility for paying just compensation 
        remains with the Minnesota local government unit employing the 
        officer who originated the warrant or initiated the 
        apprehension.  In the event the property damage is caused by the 
        negligence of a peace officer, the Minnesota local government 
        unit employing that peace officer is responsible for paying just 
        compensation. 
           Sec. 21.  [626.92] [ENFORCEMENT AUTHORITY; FOND DU LAC BAND 
        OF LAKE SUPERIOR CHIPPEWA.] 
           Subdivision 1.  [DEFINITION.] As used in this section, 
        "band" means the Fond du Lac Band of Lake Superior Chippewa, a 
        federally recognized Indian tribe organized pursuant to the 
        Indian Reorganization Act of 1934, 25 United States Code, 
        section 476, and which occupies the Fond du Lac reservation 
        pursuant to the Treaty of LaPointe, 10 Stat. 1109. 
           Subd. 2.  [LAW ENFORCEMENT AGENCY.] (a) The band has the 
        powers of a law enforcement agency, as defined in section 
        626.84, subdivision 1, paragraph (h), if all of the requirements 
        of clauses (1) to (4) and paragraph (b) are met: 
           (1) the band agrees to be subject to liability for its 
        torts and those of its officers, employees, and agents acting 
        within the scope of their employment or duties arising out of 
        the law enforcement agency powers conferred by this section to 
        the same extent as a municipality under chapter 466, and the 
        band further agrees, notwithstanding section 16B.06, subdivision 
        6, to waive its sovereign immunity for purposes of claims 
        arising out of this liability; 
           (2) the band files with the board of peace officer 
        standards and training a bond or certificate of insurance for 
        liability coverage for the maximum amounts set forth in section 
        466.04 or establishes that liability coverage exists under the 
        Federal Torts Claims Act, 28 United States Code, section 
        1346(b), et. al., as extended to the band pursuant to the Indian 
        Self-Determination and Education Assistance Act of 1975, 25 
        United States Code, section 450f(c); 
           (3) the band files with the board of peace officer 
        standards and training a certificate of insurance for liability 
        of its law enforcement officers, employees, and agents for 
        lawsuits under the United States Constitution or establishes 
        that liability coverage exists under the Federal Torts Claims 
        Act, 28 United States Code, section 1346(b) et al., as extended 
        to the band pursuant to the Indian Self-Determination and 
        Education Assistance Act of 1975, 25 United States Code, section 
        450F(c); and 
           (4) the band agrees to be subject to section 13.82 and any 
        other laws of the state relating to data practices of law 
        enforcement agencies. 
           (b) By July 1, 1998, the band shall enter into written 
        mutual aid or cooperative agreements with the Carlton county 
        sheriff, the St. Louis county sheriff, and the city of Cloquet 
        under section 471.59 to define and regulate the provision of law 
        enforcement services under this section.  The agreements must 
        define the following: 
           (1) the trust property involved in the joint powers 
        agreement; 
           (2) the responsibilities of the county sheriffs; 
           (3) the responsibilities of the county attorneys; and 
           (4) the responsibilities of the city of Cloquet city 
        attorney and police department. 
           Subd. 3.  [CONCURRENT JURISDICTION.] The band shall have 
        concurrent jurisdictional authority under this section with the 
        Carlton county and St. Louis county sheriffs' departments over 
        crimes committed within the boundaries of the Fond du Lac 
        reservation as indicated by the mutual aid or cooperative 
        agreements entered into under subdivision 2, paragraph (b), and 
        any exhibits or attachments to those agreements. 
           Subd. 4.  [PEACE OFFICERS.] If the band complies with the 
        requirements set forth in subdivision 2, the band is authorized 
        to appoint peace officers, as defined in section 626.84, 
        subdivision 1, paragraph (c), who have the same powers as peace 
        officers employed by local units of government. 
           Subd. 5.  [EFFECT ON FEDERAL LAW.] Nothing in this section 
        shall be construed to restrict the band's authority under 
        federal law. 
           Subd. 6.  [CONSTRUCTION.] This section is limited to law 
        enforcement authority only, and nothing in this section shall 
        affect any other jurisdictional relationships or disputes 
        involving the band.  
           Sec. 22.  [AUTOMOBILE THEFT PREVENTION BOARD; REPORT 
        REQUIRED.] 
           By February 15, 1999, the automobile theft prevention board 
        shall report to the chairs and ranking minority members of the 
        house and senate committees and divisions having jurisdiction 
        over criminal justice policy and funding on the board's 
        activities since its inception.  The report must include 
        detailed information on all facets of the automobile theft 
        prevention program, including but not limited to, money 
        distributed; educational programs conducted; automobile theft 
        prevention plans, programs, and strategies developed or 
        sponsored; and audits conducted pursuant to Minnesota Statutes, 
        section 168A.40.  In addition, and if possible, the report must 
        include information on automobile theft rates, how automobile 
        thefts are treated in the criminal justice system, and the types 
        of criminal sanctions generally imposed on offenders who are 
        convicted of automobile theft.  The report must indicate any 
        changes or trends related to automobile thefts occurring over 
        the past two years.  
           Sec. 23.  [FAIR HOUSING GRANTS.] 
           Subdivision 1.  [DEFINITIONS.] For the purposes of this 
        section, the following terms have the meanings given: 
           (1) "Eligible organization" means a nonprofit organization 
        that has at least one year of experience in at least two of the 
        following fair housing activities: 
           (a) housing discrimination complaint intake and 
        investigation; 
           (b) testing for housing discrimination; 
           (c) community auditing for housing discrimination; 
           (d) public education about rights and obligations under 
        fair housing laws; and 
           (e) outreach programs to build public support for fair 
        housing and to prevent housing discrimination; and 
           (2) "Housing discrimination" means a violation of a federal 
        or state law, or of a local ordinance, that prohibits housing 
        discrimination, including, but not limited to, an unfair 
        discriminatory practice under Minnesota Statutes, section 
        363.03, subdivision 2 or 2a, and a discriminatory housing 
        practice in violation of the federal Fair Housing Act, United 
        States Code, title 42, section 3601, et seq. 
           Subd. 2.  [GRANTS.] The commissioner of human rights may 
        make grants to eligible organizations to: 
           (1) provide public education concerning fair housing; 
           (2) undertake outreach efforts to build community support 
        for fair housing; 
           (3) undertake testing and community auditing for housing 
        discrimination; and 
           (4) perform other fair housing and housing discrimination 
        research. 
           Testing for housing discrimination funded by grants made 
        under this section may be conducted only by persons trained in 
        testing techniques and may not be conducted by a person 
        convicted of a felony or other crime involving fraud or 
        dishonesty. 
           Sec. 24.  [LICENSING STUDY.] 
           The commissioner of public safety shall study the issue of 
        licensing private fire investigators and report findings to the 
        chairs and ranking minority members of the senate crime 
        prevention and house judiciary committees by January 15, 1999. 
           Sec. 25.  [CONVEYANCE OF STATE LAND TO CITY OF FARIBAULT.] 
           Subdivision 1.  [CONVEYANCE.] Notwithstanding Minnesota 
        Statutes, sections 92.45 and 94.09 to 94.16, the commissioner of 
        administration shall convey to the city of Faribault for no 
        consideration the land described in subdivision 3. 
           Subd. 2.  [FORM.] The conveyance must be in a form approved 
        by the attorney general and must provide that the land reverts 
        to the state if Parcels A and B cease to be used for a nature 
        interpretive center and recreational trail system or if Parcel C 
        ceases to be used for a municipal park. 
           Subd. 3.  [DESCRIPTION.] (a) The land to be conveyed are 
        those parts of Section 31, 32, and 33 in Township 110 North, 
        Range 20 West, and those parts of Sections 4, 5, 6, and 8 in 
        Township 109 North, Range 20 West, in the city of Faribault, 
        Rice county, Minnesota, described as follows: 
           (1) Parcel A:  Beginning at the Southeast corner of the 
           Southeast Quarter of said Section 31; thence South 89 
           degrees, 58 minutes, 35 seconds West, along the South line 
           of said Southeast Quarter (for purposes of this description 
           bearings are assumed and based on said South line being 
           South 89 degrees, 58 minutes, 35 seconds West), 299.47 feet 
           to a point in the easterly right-of-way line of the 
           Chicago, Rock Island and Pacific railroad; thence North 8 
           degrees, 28 minutes, 35 seconds East, along said easterly 
           right-of-way line, 64.53 feet to a point in the center line 
           of the Straight river; thence along said river center line 
           on the following six courses:  (1) North 38 degrees, 39 
           minutes, 35 seconds East, 291.75 feet; (2) thence North 20 
           degrees, 9 minutes, 45 seconds East, 681.78 feet; (3) 
           thence North 34 degrees, 19 minutes, 49 seconds East, 
           248.24 feet; (4) thence North 0 degrees, 39 minutes, 31 
           seconds East, 435.03 feet; (5) thence North 18 degrees, 9 
           minutes, 34 seconds West, 657.76 feet; (6) thence North 46 
           degrees, 16 minutes, 23 seconds West, 98.54 feet to a point 
           in the West line of the Southwest Quarter of said Section 
           32; thence North 0 degrees, 5 minutes, 56 seconds West, 
           along said West line, 161.66 feet to a point in the 
           southwesterly right-of-way line of a street known as 
           Institute Place; thence along said southwesterly line of 
           Institute Place on the following three courses:  (1) South 
           61 degrees, 31 minutes, 27 seconds East, 56.14 feet; (2) 
           thence South 53 degrees, 22 minutes, 44 seconds East, 87.77 
           feet; (3) thence South 44 degrees, 26 minutes, 3 seconds 
           East, 215.06 feet to the Northeast corner of Block 1 in 
           AUDITOR'S PLAT NO. 1 OF THE SOUTHWEST QUARTER OF SECTION 
           32, TOWNSHIP 110 NORTH, RANGE 20 WEST OF THE FIFTH 
           PRINCIPAL MERIDIAN, FARIBAULT, RICE COUNTY, MINNESOTA; 
           thence North 89 degrees, 21 minutes, 4 seconds West, along 
           the North line of said Block 1, a distance of 111.58 feet 
           to the Northwest corner of said Block 1; thence South 11 
           degrees, 41 minutes, 14 seconds East, along the West line 
           of said Block 1, a distance of 202.66 feet; thence South 12 
           degrees, 51 minutes, 4 seconds East, along said westerly 
           line of Block 1, a distance of 349.14 feet to the Southwest 
           corner of said Block 1; thence South 74 degrees, 6 minutes, 
           4 seconds East, along the southerly line of said Block 1, a 
           distance of 205.26 feet; thence South 82 degrees, 21 
           minutes, 4 seconds East, along said southerly line of Block 
           1, a distance of 106.92 feet to the Southeast corner of 
           said Block 1; thence South 38 degrees, 13 minutes, 56 
           seconds West, 194.00 feet; thence South 0 degrees, 13 
           minutes, 56 seconds West, 1000.00 feet; thence South 46 
           degrees, 15 minutes, 16 seconds West, 626.46 feet to said 
           point of beginning; 
           (2) Parcel B:  Commencing at the Northwest corner of the 
           Northeast Quarter of said Section 5; thence South 89 
           degrees, 30 minutes, 57 seconds East, along the North line 
           of said Northeast Quarter of Section 5 (for purposes of 
           this description bearings are assumed and based on said 
           North line being South 89 degrees, 30 minutes, 57 seconds 
           East), a distance of 937.89 feet to the point of beginning 
           of the parcel to be herein described; thence northwesterly 
           along a nontangential curve, concave southwesterly (curve 
           data:  delta angle = 64 degrees, 8 minutes, 9 seconds; 
           radius = 500.00 feet; chord bearing and distance = North 57 
           degrees, 57 minutes, 11 seconds West, 530.92 feet), an arc 
           distance of 559.69 feet; thence South 89 degrees, 58 
           minutes, 44 seconds West, 175.00 feet; thence 
           northwesterly, along a tangential curve, concave 
           northeasterly (curve data:  delta angle = 90 degrees, 0 
           minutes, 0 seconds; radius = 80.00 feet; chord bearing and 
           distance = North 45 degrees, 1 minute, 16 seconds West, 
           113.14 feet), an arc distance of 125.66 feet; thence North 
           0 degrees, 1 minute, 16 seconds West, 309.89 feet to a 
           point in the North line of the South One-fourth of the 
           Southeast Quarter of said Section 32; thence South 89 
           degrees, 28 minutes, 9 seconds East, along said North line, 
           2413.98 feet to a point in the East line of said Southeast 
           Quarter of Section 32; thence South 0 degrees, 1 minute, 9 
           seconds East, along said East line, 399.59 feet; thence 
           South 89 degrees, 38 minutes, 30 seconds East, 826.74 feet; 
           thence South 0 degrees, 21 minutes, 30 seconds West, 264.00 
           feet to a point in the North line of the West One-half of 
           the Northwest Quarter of said Section 4; thence South 89 
           degrees, 38 minutes, 30 seconds East, along said North 
           line, 490.37 feet to the Northeast corner of said West 
           One-half of the Northwest Quarter; thence South 0 degrees, 
           24 minutes, 20 seconds West, along the East line of said 
           West One-half of the Northwest Quarter, 2670.04 feet to the 
           Southeast corner of said West One-half of the Northwest 
           Quarter; thence South 0 degrees, 24 minutes, 20 seconds 
           West, along the East line of the Northwest Quarter of the 
           Southwest Quarter of said Section 4, a distance of 598.97 
           feet to a point in the center line of the Straight river; 
           thence South 34 degrees, 34 minutes, 54 seconds West, along 
           said river center line, 447.98 feet; thence continue along 
           said river center line, South 13 degrees, 53 minutes, 50 
           seconds West, 359.52 feet to a point in the South line of 
           the Northwest Quarter of the Southwest Quarter of said 
           Section 4; thence North 89 degrees, 35 minutes, 28 seconds 
           West, along said South line of the Northwest Quarter of the 
           Southwest Quarter, 983.94 feet to the Southwest corner of 
           said Northwest Quarter of the Southwest Quarter; thence 
           North 89 degrees, 38 minutes, 42 seconds West, along the 
           South line of the Northeast Quarter of the Southeast 
           Quarter of said Section 5, a distance of 1328.17 feet to 
           the Southwest corner of said Northeast Quarter of the 
           Southeast Quarter; thence South 0 degrees, 31 minutes, 57 
           seconds West, along the East line of the Southwest Quarter 
           of the Southeast Quarter of said Section 5, a distance of 
           1320.78 feet to the Southeast corner of said Southwest 
           Quarter of the Southeast Quarter; thence North 89 degrees, 
           54 minutes, 59 seconds West, along the South line of said 
           Southwest Quarter of the Southeast Quarter, 1329.77 feet to 
           the Southwest corner of said Southwest Quarter of the 
           Southeast Quarter; thence North 89 degrees, 16 minutes, 29 
           seconds West, along the North line of the Northwest Quarter 
           of said Section 8, a distance of 435.63 feet to a point in 
           the northwesterly line of the City of Faribault Trail; 
           thence South 61 degrees, 6 minutes, 11 seconds West, along 
           said Faribault Trail, 20.70 feet to the beginning of a 
           spiral curve; thence southwesterly along said Faribault 
           Trail on said spiral curve, concave northwesterly (center 
           line curve data:  radius = 1644.62 feet; spiral angle = 3 
           degrees, 26 minutes, 57 seconds; spiral arc = 198.00 feet; 
           chord bearing and distance = South 62 degrees, 14 minutes, 
           7 seconds West, 191.95 feet), to the beginning of a 
           circular curve; thence continue southwesterly along said 
           Faribault Trail on a circular curve, concave northwesterly 
           (curve data:  delta angle = 1 degree, 55 minutes, 51 
           seconds; radius = 1544.62 feet; chord bearing and distance 
           = South 65 degrees, 31 minutes, 4 seconds West, 52.05 
           feet), an arc distance of 52.05 feet; thence continue along 
           said Faribault Trail, South 23 degrees, 31 minutes, 1 
           second East, 50.00 feet; thence continue southwesterly 
           along said Faribault Trail, on a curve, concave 
           northwesterly (curve data:  delta angle = 38 degrees, 51 
           minutes, 59 seconds; radius = 1594.62 feet; chord bearing 
           and distance = South 85 degrees, 54 minutes, 58 seconds 
           West, 1061.08 feet), an arc distance of 1081.70 feet; 
           thence South 21 degrees, 30 minutes, 5 seconds West, 465.54 
           feet to a point in the center line of Glynview Trail 
           (county state aid highway 19); thence North 48 degrees, 33 
           minutes, 14 seconds West, along said Glynview Trail center 
           line, 214.36 feet; thence North 29 degrees, 20 minutes, 41 
           seconds East, 285.93 feet to a point in the southwesterly 
           line of said Faribault Trail; thence North 11 degrees, 41 
           minutes, 14 seconds East, 101.49 feet to a point in the 
           northwesterly line of said Faribault Trail; thence North 40 
           degrees, 40 minutes, 22 seconds East, 265.18 feet to a 
           point in said North line of the Northwest Quarter of 
           Section 8; thence North 42 degrees, 10 minutes, 22 seconds 
           East, 308.20 feet; thence North 62 degrees, 10 minutes, 22 
           seconds East, 205.00 feet to a point in the West line of 
           the Southeast Quarter of the Southwest Quarter of said 
           Section 5; thence North 0 degrees, 40 minutes, 22 seconds 
           East, along said West line, 410.33 feet to a point in the 
           center line of said Straight river; thence northwesterly 
           along said river center line on the following 5 courses:  
           (1) North 54 degrees, 15 minutes, 52 seconds West, 456.31 
           feet; (2) North 32 degrees, 45 minutes, 20 seconds West, 
           850.19 feet; (3) North 6 degrees, 42 minutes, 35 seconds 
           East, 513.52 feet; (4) North 67 degrees, 45 minutes, 4 
           seconds West, 356.55 feet; (5) South 88 degrees, 6 minutes, 
           43 seconds West, 200.73 feet to a point in the West line of 
           the Southwest Quarter of said Section 5; thence North 0 
           degrees, 44 minutes, 44 seconds East, along said West line, 
           307.02 feet to the Southwest corner of the Northwest 
           Quarter of said Section 5; thence North 0 degrees, 37 
           minutes, 43 seconds East, along the West line of said 
           Northwest Quarter of Section 5, a distance of 264.00 feet; 
           thence North 30 degrees, 52 minutes, 17 seconds West, 
           396.00 feet; thence North 49 degrees, 52 minutes, 17 
           seconds West, 178.86 feet; thence South 51 degrees, 7 
           minutes, 43 seconds West, 264.00 feet; thence North 81 
           degrees, 22 minutes, 17 seconds West, 198.00 feet; thence 
           North 48 degrees, 22 minutes, 17 seconds West, 132.00 feet 
           to a point in the center line of said Straight river; 
           thence northerly and westerly along said river center line 
           on the following 4 courses:  (1) North 19 degrees, 25 
           minutes, 39 seconds East, 131.22 feet; (2) North 42 
           degrees, 27 minutes, 59 seconds West, 399.91 feet; (3) 
           North 85 degrees, 54 minutes, 52 seconds West, 280.71 feet; 
           (4) North 5 degrees, 57 minutes, 52 seconds West, 229.98 
           feet to a point in the North line of the South One-half of 
           the Northeast Quarter of said Section 6; thence South 89 
           degrees, 55 minutes, 31 seconds East, along said North 
           line, 721.93 feet; thence North 29 degrees, 34 minutes, 29 
           seconds East, 384.78 feet; thence North 47 degrees, 4 
           minutes, 29 seconds East, 195.36 feet; thence South 86 
           degrees, 25 minutes, 31 seconds East, 108.44 feet to a 
           point in the southwesterly right-of-way line of the 
           Chicago, Milwaukee, St. Paul and Pacific railroad; thence 
           southeasterly along said railroad right-of-way line on a 
           curve, concave northeasterly (curve data:  delta angle = 0 
           degrees, 43 minutes, 5 seconds; radius = 2964.77 feet; 
           chord bearing and distance = South 23 degrees, 57 minutes, 
           58 seconds East, 37.16 feet), an arc distance of 37.16 
           feet; thence North 65 degrees, 40 minutes, 30 seconds East, 
           200.00 feet to a point in the northeasterly right-of-way 
           line of said railroad; thence South 78 degrees, 31 minutes, 
           31 seconds East, 644.57 feet; thence South 41 degrees, 58 
           minutes, 52 seconds East, 980.53 feet to a point in a line 
           49.50 feet westerly from and parallel with the East line of 
           the Southwest Quarter of the Northwest Quarter of said 
           Section 5; thence South 0 degrees, 36 minutes, 52 seconds 
           West, along said parallel line, 1003.61 feet to a point in 
           the North line of the Northwest Quarter of the Southwest 
           Quarter of said Section 5; thence South 0 degrees, 40 
           minutes, 22 seconds West, along a line parallel with and 
           49.50 feet westerly of the East line of said Northwest 
           Quarter of the Southwest Quarter of Section 5, a distance 
           of 86.04 feet; thence South 66 degrees, 3 minutes, 0 
           seconds West, 600.24 feet; thence South 9 degrees, 16 
           minutes, 10 seconds West, 117.00 feet; thence South 55 
           degrees, 34 minutes, 0 seconds East, 451.30 feet; thence 
           South 80 degrees, 13 minutes, 0 seconds East, 257.20 feet 
           to a point in a line 16.50 feet easterly from and parallel 
           with the West line of the Northeast Quarter of the 
           Southwest Quarter of said Section 5; thence North 0 
           degrees, 40 minutes, 22 seconds East, along said parallel 
           line, 410.00 feet; thence South 89 degrees, 19 minutes, 38 
           seconds East, 190.00 feet; thence North 0 degrees, 40 
           minutes, 22 seconds East, 200.00 feet; thence North 89 
           degrees, 19 minutes, 38 seconds West, 190.00 feet to a 
           point in said line 16.50 feet easterly from and parallel 
           with the West line of the Northeast Quarter of the 
           Southwest Quarter of said Section 5; thence North 0 
           degrees, 40 minutes, 22 seconds East, along said parallel 
           line, 133.39 feet to a point in the South line of the 
           Southeast Quarter of the Northwest Quarter of said Section 
           5; thence North 0 degrees, 36 minutes, 52 seconds East, 
           along a line parallel with and 16.50 feet easterly of the 
           West line of said Southeast Quarter of the Northwest 
           Quarter of Section 5, a distance of 720.09 feet; thence 
           South 89 degrees, 14 minutes, 13 seconds East, 1302.89 feet 
           to a point in the East line of said Southeast Quarter of 
           the Northwest Quarter of Section 5; thence South 89 
           degrees, 30 minutes, 56 seconds East, 70.81 feet; thence 
           North 40 degrees, 24 minutes, 41 seconds East, 564.03 feet; 
           thence North 18 degrees, 38 minutes, 14 seconds West, 
           124.13 feet; thence North 2 degrees, 6 minutes, 24 seconds 
           East, 187.00 feet; thence North 23 degrees, 19 minutes, 8 
           seconds East, 108.46 feet to a point designated as Point A; 
           thence North 56 degrees, 4 minutes, 42 seconds East, 446.55 
           feet; thence North 52 degrees, 19 minutes, 41 seconds East, 
           270.10 feet; thence North 2 degrees, 38 minutes, 16 seconds 
           West, 500.00 feet; thence along a tangential curve, concave 
           westerly (curve data:  delta angle = 23 degrees, 14 
           minutes, 51 seconds; radius = 500.00 feet; chord bearing 
           and distance = North 14 degrees, 15 minutes, 41 seconds 
           West, 201.48 feet), an arc distance of 202.87 feet to said 
           point of beginning; and 
           (3) Parcel C:  Beginning at the Northeast corner of the 
           Southwest Quarter of said section 32; thence southerly, 
           along the East line of said Southwest Quarter (for purposes 
           of this description bearing of said East line is assumed 
           South 0 degrees, 4 minutes, 9 seconds West), a distance of 
           1638.76 feet; thence North 89 degrees, 18 minutes, 51 
           seconds West, 33.00 feet to the Southeast corner of Block 
           1, FARIBAULT STATE HOSPITAL ADDITION, FARIBAULT, RICE 
           COUNTY, MINNESOTA, said Southeast corner being a point in 
           the West line of Tenth Avenue Northeast and the true point 
           of beginning of the parcel to be herein described; thence 
           South 0 degrees, 4 minutes, 9 seconds West, along said West 
           line of Tenth Avenue Northeast, 360.00 feet; thence North 
           89 degrees, 18 minutes, 51 seconds West, 826.98 feet to a 
           point in the East line of vacated State Avenue; thence 
           North 0 degrees, 4 minutes, 9 seconds East, along said East 
           line of vacated State Avenue, 360.00 feet to the Southwest 
           corner of said Block 1; thence South 89 degrees, 18 
           minutes, 51 seconds East, along the South line of said 
           Block 1, 826.98 feet to said true point of beginning. 
           (b) The following land is excepted from the land described 
        in paragraph (a): 
           (1) Parcel D:  That part of the North One-half of the 
           Northeast Quarter of Section 6 and that part of the North 
           One-half of the Northwest Quarter of Section 5, all in 
           Township 109 North, Range 20 West, in the city of 
           Faribault, Rice county, Minnesota, described as follows:  
           Beginning at a point in the East line of said Northeast 
           Quarter of Section 6 (for purposes of this description 
           bearings are assumed and based on said East line being 
           South 0 degrees, 37 minutes, 43 seconds West), a distance 
           of 1309.61 feet southerly from the Northeast corner of said 
           Northeast Quarter; thence South 86 degrees, 27 minutes, 58 
           seconds West, 153.73 feet; thence North 0 degrees, 13 
           minutes, 34 seconds East, 252.29 feet; thence South 89 
           degrees, 34 minutes, 30 seconds East, 82.53 feet to a point 
           in the southwesterly right-of-way line of the Chicago, Rock 
           Island and Pacific railroad; thence southeasterly, along 
           said railroad right-of-way line, on a curve, concave 
           northeasterly (curve data:  radius = 2914.77 feet; delta 
           angle = 5 degrees, 27 minutes, 8 seconds; chord bearing and 
           distance = South 30 degrees, 58 minutes, 52 seconds East, 
           277.26 feet), an arc distance of 277.37 feet; thence South 
           86 degrees, 27 minutes, 58 seconds West, 72.95 feet to said 
           point of beginning; and 
           (2) the property deeded to the Chicago, Rock Island and 
           Pacific railroad, and City of Faribault Trail. 
           (c) The land described in paragraph (a) is subject to: 
           (1) Glynview Trail (county state aid highway 19) over the 
           southwesterly side thereof; 
           (2) 220th Street East over part of the southerly side of 
           Section 5; 
           (3) Fifth Street Northeast over part of the northerly side 
           of the South One-quarter of the Southeast Quarter of 
           Section 32; 
           (4) an easement for ingress and egress over and across 
           Parcel B, said easement being a strip of land 30.00 feet in 
           width lying immediately adjacent to and southwesterly of 
           the southwesterly right-of-way line of said Chicago, Rock 
           Island and Pacific railroad, bounded on the North by the 
           southerly line of Parcel D, and bounded on the East by a 
           line 49.50 feet westerly of and parallel with said East 
           line of the Southwest Quarter of the Northwest Quarter of 
           Section 5; and 
           (5) an easement for access to and maintenance of a deep 
           sewer tunnel over, under, and across part of Parcel B, 
           being a strip of land 100.00 feet in width, 50.00 feet on 
           both sides of the following described center line:  
           Commencing at said Point A in Parcel B; thence North 56 
           degrees, 4 minutes, 42 seconds East, 267.00 feet to the 
           point of beginning of said easement center line; thence 
           South 53 degrees, 14 minutes, 0 seconds East, 300.00 feet 
           and there terminating; the side lines of said easement to 
           be lengthened or shortened to meet in said course herein 
           described as North 56 degrees, 4 minutes, 42 seconds East. 
           Subd. 4.  [PURPOSE.] The land to be conveyed is no longer 
        utilized by the department of corrections in Faribault.  The 
        city of Faribault intends to continue to use Parcels A and B for 
        a nature interpretive center and recreational trail system and 
        Parcel C for a municipal park. 
           Sec. 26.  Laws 1996, chapter 365, section 3, is amended to 
        read:  
           Sec. 3.  [REPEALER.] 
           Section 2 is repealed when the project is completed, or 
        June 30, 1998 2000, whichever occurs earlier. 
           Sec. 27.  [REPEALER.] 
           Minnesota Statutes 1996, sections 299M.05; and 299M.11, 
        subdivision 3, are repealed. 
           Sec. 28.  [EFFECTIVE DATE.] 
           Section 25 is effective the day following final enactment.  
        Section 21 is effective upon its acceptance by the boards of 
        commissioners of Carlton and St. Louis counties and the city 
        council of the city of Cloquet, but only if those acceptances 
        occur on or before July 1, 1998. 
           Presented to the governor April 2, 1998 
           Signed by the governor April 6, 1998, 2:35 p.m.

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