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2000 Minnesota Session Laws

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                            CHAPTER 445-S.F.No. 3178 
                  An act relating to public safety; authorizing 
                  commissioner of public safety to award public safety 
                  grants; continuing certain rule authority of 
                  commissioner of public safety; changing per diem 
                  payments to members of the board of private detectives 
                  and protective agents; requiring changes in rules 
                  regarding training programs; establishing guidelines 
                  for the administration of battered women's shelter per 
                  diem funding by the Minnesota center for crime victims 
                  services; changing the designation of battered women's 
                  advisory council to advisory council on battered women 
                  and domestic abuse; authorizing support services to 
                  domestic abuse victims; amending Minnesota Statutes 
                  1998, sections 13.82, subdivision 3b; 15.0591, 
                  subdivision 2; 119A.37, subdivision 4; 120B.22, 
                  subdivision 1; 257.75, subdivision 6; 299A.01, 
                  subdivision 2, and by adding a subdivision; 326.33, 
                  subdivision 6; 326.3361, subdivision 1; 518B.01, 
                  subdivision 21; 611A.07, subdivision 1; 611A.32, 
                  subdivisions 1, 2, 3, and 5; 611A.33; 611A.34, 
                  subdivisions 1, 2, and 3; 611A.345; 611A.35; 611A.36, 
                  subdivisions 1 and 2; 629.342, subdivision 2; and 
                  629.72, subdivision 6; Minnesota Statutes 1999 
                  Supplement, sections 13.99, subdivision 108; 15.059, 
                  subdivision 5a; and 626.558, subdivision 1; proposing 
                  coding for new law in Minnesota Statutes, chapter 611A.
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                                   ARTICLE 1
           Section 1.  Minnesota Statutes 1998, section 299A.01, 
        subdivision 2, is amended to read: 
           Subd. 2.  [DUTIES OF COMMISSIONER.] The duties of the 
        commissioner shall include the following: 
           (a) the coordination, development and maintenance of 
        services contracts with existing state departments and agencies 
        assuring the efficient and economic use of advanced business 
        machinery including computers; 
           (b) the execution of contracts and agreements with existing 
        state departments for the maintenance and servicing of vehicles 
        and communications equipment, and the use of related buildings 
        and grounds; 
           (c) the development of integrated fiscal services for all 
        divisions, and the preparation of an integrated budget for the 
        department; 
           (d) the publication and award of grant contracts with state 
        agencies, local units of government, and other entities for 
        programs that will benefit the safety of the public; and 
           (e) the establishment of a planning bureau within the 
        department. 
           Sec. 2.  Minnesota Statutes 1998, section 299A.01, is 
        amended by adding a subdivision to read: 
           Subd. 7.  [RULES REMAIN IN EFFECT.] Notwithstanding 
        sections 14.05, subdivision 1, and 645.36 or other law to the 
        contrary, the rules adopted under the authority of Minnesota 
        Statutes 1996, section 299A.01, subdivision 6, paragraph (a), 
        remain in effect on and after July 1, 1997, until further 
        amended or repealed. 
           Sec. 3.  Minnesota Statutes 1998, section 326.33, 
        subdivision 6, is amended to read: 
           Subd. 6.  [COMPENSATION TO BOARD MEMBERS.] Members of the 
        board of private detective and protective agent services shall 
        receive, in addition to necessary traveling and lodging 
        expenses, $35 a per diem payment as specified in section 214.09, 
        subdivision 3, per day for each day actually engaged in board 
        activities, provided, however, members of the board who are 
        state employees will be governed by state rules regarding travel 
        expense and per diem payments. 
           Sec. 4.  Minnesota Statutes 1998, section 326.3361, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [RULES.] The board shall, by rule, 
        prescribe the requirements, duration, contents, and standards 
        for successful completion of certified training programs for 
        license holders, qualified representatives, Minnesota managers, 
        partners, and employees, including: 
           (1) first aid and firearms training required for armed 
        employees, including training in the legal limitations on the 
        justifiable use of force and deadly force as specified in 
        sections 609.06 and 609.065; 
           (2) training in risks and dangers arising from the use of 
        weapons other than firearms, including, but not limited to, 
        bludgeons, nightsticks, batons, chemical weapons, and electronic 
        incapacitation devices, and in the use of restraint or 
        immobilization techniques, including the carotid neck restraint; 
           (3) training in alternatives to the use of force; 
           (4) standards for weapons and equipment issued to or 
        carried or used by license holders, qualified representatives, 
        Minnesota managers, partners, and employees; 
           (5) preassignment or on-the-job training, or its 
        equivalent, required before applicants may be certified as 
        having completed training; and 
           (6) continuing training for license holders, qualified 
        representatives, Minnesota managers, partners, employees, and 
        armed employees. 
           Sec. 5.  [EFFECTIVE DATE.] 
           Section 2 is effective retroactively from July 1, 1997. 

                                   ARTICLE 2
                       BATTERED WOMEN AND DOMESTIC ABUSE
           Section 1.  Minnesota Statutes 1998, section 13.82, 
        subdivision 3b, is amended to read: 
           Subd. 3b.  [DOMESTIC ABUSE DATA.] The written police report 
        required by section 629.341, subdivision 4, of an alleged 
        incident described in section 629.341, subdivision 1, and arrest 
        data, request for service data, and response or incident data 
        described in subdivision 2, 3, or 4 that arise out of this type 
        of incident or out of an alleged violation of an order for 
        protection must be released upon request at no cost to an 
        organization designated by the Minnesota center for crime 
        victims services, the department of corrections, or the 
        department of public safety as providing services to victims of 
        domestic abuse.  The executive director or the commissioner of 
        the appropriate state agency shall develop written criteria for 
        this designation in consultation with the battered women's 
        advisory council on battered women and domestic abuse. 
           Sec. 2.  Minnesota Statutes 1999 Supplement, section 13.99, 
        subdivision 108, is amended to read: 
           Subd. 108.  [BATTERED WOMEN VICTIMS OF DOMESTIC ABUSE.] 
        Data on battered women and victims of domestic abuse maintained 
        by grantees and recipients of per diem payments for emergency 
        shelter for battered women and support services for battered 
        women and victims of domestic abuse are governed by section 
        sections 611A.32, subdivision 5, and 611A.371, subdivision 3. 
           Sec. 3.  Minnesota Statutes 1999 Supplement, section 
        15.059, subdivision 5a, is amended to read: 
           Subd. 5a.  [LATER EXPIRATION.] Notwithstanding subdivision 
        5, the advisory councils and committees listed in this 
        subdivision do not expire June 30, 1997.  These groups expire 
        June 30, 2001, unless the law creating the group or this 
        subdivision specifies an earlier expiration date. 
           Investment advisory council, created in section 11A.08; 
           Intergovernmental information systems advisory council, 
        created in section 16B.42, expires June 30, 1999; 
           Feedlot and manure management advisory committee, created 
        in section 17.136; 
           Aquaculture advisory committee, created in section 17.49; 
           Dairy producers board, created in section 17.76; 
           Pesticide applicator education and examination review 
        board, created in section 18B.305; 
           Advisory seed potato certification task force, created in 
        section 21.112; 
           Food safety advisory committee, created in section 28A.20; 
           Minnesota organic advisory task force, created in section 
        31.95; 
           Public programs risk adjustment work group, created in 
        section 62Q.03; 
           Workers' compensation self-insurers' advisory committee, 
        created in section 79A.02; 
           Youth corps advisory committee, created in section 84.0887; 
           Iron range off-highway vehicle advisory committee, created 
        in section 85.013; 
           Mineral coordinating committee, created in section 93.002; 
           Game and fish fund citizen advisory committees, created in 
        section 97A.055; 
           Wetland heritage advisory committee, created in section 
        103G.2242; 
           Wastewater treatment technical advisory committee, created 
        in section 115.54; 
           Solid waste management advisory council, created in section 
        115A.12; 
           Nuclear waste council, created in section 116C.711; 
           Genetically engineered organism advisory committee, created 
        in section 116C.93; 
           Environment and natural resources trust fund advisory 
        committee, created in section 116P.06; 
           Child abuse prevention advisory council, created in section 
        119A.13; 
           Chemical abuse and violence prevention council, created in 
        section 119A.293; 
           Youth neighborhood centers advisory board, created in 
        section 119A.295; 
           Interagency coordinating council, created in section 
        125A.28, expires June 30, 1999; 
           Desegregation/integration advisory board, created in 
        section 124D.892; 
           Nonpublic education council, created in section 123B.445; 
           Permanent school fund advisory committee, created in 
        section 127A.30; 
           Indian scholarship committee, created in section 124D.84, 
        subdivision 2; 
           American Indian education committees, created in section 
        124D.80; 
           Summer scholarship advisory committee, created in section 
        124D.95; 
           Multicultural education advisory committee, created in 
        section 124D.894; 
           Male responsibility and fathering grants review committee, 
        created in section 124D.33; 
           Library for the blind and physically handicapped advisory 
        committee, created in section 134.31; 
           Higher education advisory council, created in section 
        136A.031; 
           Student advisory council, created in section 136A.031; 
           Cancer surveillance advisory committee, created in section 
        144.672; 
           Maternal and child health task force, created in section 
        145.881; 
           State community health advisory committee, created in 
        section 145A.10; 
           Mississippi River Parkway commission, created in section 
        161.1419; 
           School bus safety advisory committee, created in section 
        169.435; 
           Advisory council on workers' compensation, created in 
        section 175.007; 
           Code enforcement advisory council, created in section 
        175.008; 
           Medical services review board, created in section 176.103; 
           Apprenticeship advisory council, created in section 178.02; 
           OSHA advisory council, created in section 182.656; 
           Health professionals services program advisory committee, 
        created in section 214.32; 
           Rehabilitation advisory council for the blind, created in 
        section 248.10; 
           American Indian advisory council, created in section 
        254A.035; 
           Alcohol and other drug abuse advisory council, created in 
        section 254A.04; 
           Medical assistance drug formulary committee, created in 
        section 256B.0625; 
           Home care advisory committee, created in section 256B.071; 
           Preadmission screening, alternative care, and home and 
        community-based services advisory committee, created in section 
        256B.0911; 
           Traumatic brain injury advisory committee, created in 
        section 256B.093; 
           Minnesota commission serving deaf and hard-of-hearing 
        people, created in section 256C.28; 
           American Indian child welfare advisory council, created in 
        section 260.835; 
           Juvenile justice advisory committee, created in section 
        268.29; 
           Northeast Minnesota economic development fund technical 
        advisory committees, created in section 298.2213; 
           Iron range higher education committee, created in section 
        298.2214; 
           Northeast Minnesota economic protection trust fund 
        technical advisory committee, created in section 298.297; 
           Battered women's Advisory council on battered women and 
        domestic abuse, created in section 611A.34. 
           Sec. 4.  Minnesota Statutes 1998, section 15.0591, 
        subdivision 2, is amended to read: 
           Subd. 2.  [BODIES AFFECTED.] A member meeting the 
        qualifications in subdivision 1 must be appointed to the 
        following boards, commissions, advisory councils, task forces, 
        or committees:  
           (1) advisory council on battered women and domestic abuse; 
           (2) advisory task force on the use of state facilities; 
           (3) alcohol and other drug abuse advisory council; 
           (4) board of examiners for nursing home administrators; 
           (5) board on aging; 
           (6) chiropractic examiners board; 
           (7) consumer advisory council on vocational rehabilitation; 
           (8) council on disability; 
           (9) council on affairs of Chicano/Latino people; 
           (10) council on Black Minnesotans; 
           (11) dentistry board; 
           (12) department of economic security advisory council; 
           (13) higher education services office; 
           (14) housing finance agency; 
           (15) Indian advisory council on chemical dependency; 
           (16) medical practice board; 
           (17) medical policy directional task force on mental 
        health; 
           (18) Minnesota employment and economic development task 
        force; 
           (19) Minnesota office of citizenship and volunteer services 
        advisory committee; 
           (20) Minnesota state arts board; 
           (21) nursing board; 
           (22) optometry board; 
           (23) pharmacy board; 
           (24) physical therapists council; 
           (25) podiatry board; 
           (26) psychology board; 
           (27) veterans advisory committee. 
           Sec. 5.  Minnesota Statutes 1998, section 119A.37, 
        subdivision 4, is amended to read: 
           Subd. 4.  [ADDITIONAL SERVICES.] Each family visitation 
        center may provide parenting and child development classes, and 
        offer support groups to participating custodial parents and hold 
        regular classes designed to assist children who have experienced 
        domestic violence and abuse.  Each family visitation center must 
        have available an individual knowledgeable about or experienced 
        in the provision of services to battered women and domestic 
        abuse victims on its staff, its board of directors, or otherwise 
        available to it for consultation. 
           Sec. 6.  Minnesota Statutes 1998, section 120B.22, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [VIOLENCE PREVENTION CURRICULUM.] (a) The 
        commissioner of children, families, and learning, in 
        consultation with the commissioners of health and human 
        services, state minority councils, battered women's and domestic 
        abuse programs, battered women's shelters, sexual assault 
        centers, representatives of religious communities, and the 
        assistant commissioner of the office of drug policy and violence 
        prevention, shall assist districts on request in developing or 
        implementing a violence prevention program for students in 
        kindergarten to grade 12 that can be integrated into existing 
        curriculum.  The purpose of the program is to help students 
        learn how to resolve conflicts within their families and 
        communities in nonviolent, effective ways.  
           (b) Each district is encouraged to integrate into its 
        existing curriculum a program for violence prevention that 
        includes at least: 
           (1) a comprehensive, accurate, and age appropriate 
        curriculum on violence prevention, nonviolent conflict 
        resolution, sexual, racial, and cultural harassment, and student 
        hazing that promotes equality, respect, understanding, effective 
        communication, individual responsibility, thoughtful decision 
        making, positive conflict resolution, useful coping skills, 
        critical thinking, listening and watching skills, and personal 
        safety; 
           (2) planning materials, guidelines, and other accurate 
        information on preventing physical and emotional violence, 
        identifying and reducing the incidence of sexual, racial, and 
        cultural harassment, and reducing child abuse and neglect; 
           (3) a special parent education component of early childhood 
        family education programs to prevent child abuse and neglect and 
        to promote positive parenting skills, giving priority to 
        services and outreach programs for at-risk families; 
           (4) involvement of parents and other community members, 
        including the clergy, business representatives, civic leaders, 
        local elected officials, law enforcement officials, and the 
        county attorney; 
           (5) collaboration with local community services, agencies, 
        and organizations that assist in violence intervention or 
        prevention, including family-based services, crisis services, 
        life management skills services, case coordination services, 
        mental health services, and early intervention services; 
           (6) collaboration among districts and service cooperatives; 
           (7) targeting early adolescents for prevention efforts, 
        especially early adolescents whose personal circumstances may 
        lead to violent or harassing behavior; 
           (8) opportunities for teachers to receive in-service 
        training or attend other programs on strategies or curriculum 
        designed to assist students in intervening in or preventing 
        violence in school and at home; and 
           (9) administrative policies that reflect, and a staff that 
        models, nonviolent behaviors that do not display or condone 
        sexual, racial, or cultural harassment or student hazing. 
           (c) The department may provide assistance at a neutral site 
        to a nonpublic school participating in a district's program. 
           Sec. 7.  Minnesota Statutes 1998, section 257.75, 
        subdivision 6, is amended to read: 
           Subd. 6.  [PATERNITY EDUCATIONAL MATERIALS.] The 
        commissioner of human services shall prepare educational 
        materials for new and prospective parents that describe the 
        benefits and effects of establishing paternity.  The materials 
        must include a description and comparison of the procedures for 
        establishment of paternity through a recognition of parentage 
        under this section and an adjudication of paternity under 
        sections 257.51 to 257.74.  The commissioner shall consider the 
        use of innovative audio or visual approaches to the presentation 
        of the materials to facilitate understanding and presentation.  
        In preparing the materials, the commissioner shall consult with 
        child advocates and support workers, battered women's 
        advocates and advocates for domestic abuse victims, social 
        service providers, educators, attorneys, hospital 
        representatives, and people who work with parents in making 
        decisions related to paternity.  The commissioner shall consult 
        with representatives of communities of color.  On and after 
        January 1, 1994, the commissioner shall make the materials 
        available without cost to hospitals, requesting agencies, and 
        other persons for distribution to new parents. 
           Sec. 8.  Minnesota Statutes 1998, section 518B.01, 
        subdivision 21, is amended to read: 
           Subd. 21.  [ORDER FOR PROTECTION FORMS.] The state court 
        administrator, in consultation with the advisory council on 
        battered women and domestic abuse, city and county attorneys, 
        and legal advocates who work with victims, shall develop a 
        uniform order for protection form that will facilitate the 
        consistent enforcement of orders for protection throughout the 
        state. 
           Sec. 9.  Minnesota Statutes 1998, section 611A.07, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [GENERALLY.] The commissioner of 
        corrections, after considering the recommendations of the 
        battered women advisory council on battered women and domestic 
        abuse and the sexual assault advisory council, and in 
        collaboration with the commissioner of public safety, shall 
        adopt standards governing electronic monitoring devices used to 
        protect victims of domestic abuse.  In developing proposed 
        standards, the commissioner shall consider the experience of the 
        courts in the tenth judicial district in the use of the devices 
        to protect victims of domestic abuse.  These standards shall 
        promote the safety of the victim and shall include measures to 
        avoid the disparate use of the device with communities of color, 
        product standards, monitoring agency standards, and victim 
        disclosure standards.  
           Sec. 10.  Minnesota Statutes 1998, section 611A.32, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [GRANTS AWARDED.] The commissioner shall 
        award grants to programs which provide emergency shelter 
        services to battered women and support services to battered 
        women and domestic abuse victims and their children.  The 
        commissioner shall also award grants for training, technical 
        assistance, and for the development and implementation of 
        education programs to increase public awareness of the causes of 
        battering, the solutions to preventing and ending domestic 
        violence, and the problems faced by battered women and domestic 
        abuse victims.  Grants shall be awarded in a manner that ensures 
        that they are equitably distributed to programs serving 
        metropolitan and nonmetropolitan populations.  By July 1, 1995, 
        community-based domestic abuse advocacy and support services 
        programs must be established in every judicial assignment 
        district. 
           Sec. 11.  Minnesota Statutes 1998, section 611A.32, 
        subdivision 2, is amended to read: 
           Subd. 2.  [APPLICATIONS.] Any public or private nonprofit 
        agency may apply to the commissioner for a grant to provide 
        emergency shelter services to battered women, support 
        services to domestic abuse victims, or both, to battered women 
        and their children.  The application shall be submitted in a 
        form approved by the commissioner by rule adopted under chapter 
        14, after consultation with the advisory council, and shall 
        include: 
           (1) a proposal for the provision of emergency shelter 
        services for battered women, support services for domestic abuse 
        victims, or both, for battered women and their children; 
           (2) a proposed budget; 
           (3) evidence of an ability to integrate into the proposed 
        program the uniform method of data collection and program 
        evaluation established under sections 611A.33 and 611A.34; 
           (4) evidence of an ability to represent the interests of 
        battered women and domestic abuse victims and their children to 
        local law enforcement agencies and courts, county welfare 
        agencies, and local boards or departments of health; 
           (5) evidence of an ability to do outreach to unserved and 
        underserved populations and to provide culturally and 
        linguistically appropriate services; and 
           (6) any other content the commissioner may require by rule 
        adopted under chapter 14, after considering the recommendations 
        of the advisory council. 
           Programs which have been approved for grants in prior years 
        may submit materials which indicate changes in items listed in 
        clauses (1) to (6), in order to qualify for renewal funding.  
        Nothing in this subdivision may be construed to require programs 
        to submit complete applications for each year of renewal funding.
           Sec. 12.  Minnesota Statutes 1998, section 611A.32, 
        subdivision 3, is amended to read: 
           Subd. 3.  [DUTIES OF GRANTEES.] Every public or private 
        nonprofit agency which receives a grant to provide emergency 
        shelter services to battered women and support services to 
        battered women and domestic abuse victims shall comply with all 
        rules of the commissioner related to the administration of the 
        pilot programs. 
           Sec. 13.  Minnesota Statutes 1998, section 611A.32, 
        subdivision 5, is amended to read: 
           Subd. 5.  [CLASSIFICATION OF DATA COLLECTED BY GRANTEES.] 
        Personal history information and other information collected, 
        used or maintained by a grantee from which the identity or 
        location of any battered woman victim of domestic abuse may be 
        determined is private data on individuals, as defined in section 
        13.02, subdivision 12, and the grantee shall maintain the data 
        in accordance with the provisions of chapter 13. 
           Sec. 14.  Minnesota Statutes 1998, section 611A.33, is 
        amended to read: 
           611A.33 [DUTIES OF COMMISSIONER.] 
           The commissioner shall: 
           (1) Review applications for and award grants to a program 
        pursuant to section 611A.32, subdivision 1, after considering 
        the recommendation of the advisory council; 
           (2) Appoint the members of the advisory council created 
        under section 611A.34, and provide consultative staff and other 
        administrative services to the advisory council; 
           (3) After considering the recommendation of the advisory 
        council, appoint a program director to perform the duties set 
        forth in section 611A.35; 
           (4) Design and implement a uniform method of collecting 
        data on battered women domestic abuse victims to be used to 
        evaluate the programs funded under section 611A.32; 
           (5) Provide technical aid to applicants in the development 
        of grant requests and provide technical aid to programs in 
        meeting the data collection requirements established by the 
        commissioner; and 
           (6) Adopt, under chapter 14, all rules necessary to 
        implement the provisions of sections 611A.31 to 611A.36. 
           Sec. 15.  Minnesota Statutes 1998, section 611A.34, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [GENERALLY.] The commissioner shall appoint 
        a 12-member advisory council to advise the commissioner on the 
        implementation and continued operation of sections 611A.31 to 
        611A.36.  The battered women's advisory council on battered 
        women and domestic abuse shall also serve as a liaison between 
        the commissioner and organizations that provide services to 
        battered women and domestic abuse victims.  Section 15.059 
        governs the filling of vacancies and removal of members of the 
        advisory council.  The terms of the members of the advisory 
        council shall be two years.  No member may serve on the advisory 
        council for more than two consecutive terms.  Notwithstanding 
        section 15.059, the council shall not expire.  Council members 
        shall not receive per diem, but shall receive expenses in the 
        same manner and amount as state employees.  
           Sec. 16.  Minnesota Statutes 1998, section 611A.34, 
        subdivision 2, is amended to read: 
           Subd. 2.  [MEMBERSHIP.] Persons appointed shall be 
        knowledgeable about and have experience or interest in issues 
        concerning battered women and domestic abuse victims, including 
        the need for effective advocacy services.  The membership of the 
        council shall broadly represent the interests of battered 
        women and domestic abuse victims in Minnesota.  No more than six 
        of the members of the battered women's advisory council on 
        battered women and domestic abuse may be representatives of 
        community or governmental organizations that provide services to 
        battered women and domestic abuse victims.  One-half of the 
        council's members shall reside in the metropolitan area, 
        composed of Hennepin, Ramsey, Anoka, Dakota, Scott, Washington, 
        and Carver counties, and one-half of the members shall reside in 
        the nonmetropolitan area.  To the extent possible, 
        nonmetropolitan members must be representative of all 
        nonmetropolitan regions of the state. 
           Sec. 17.  Minnesota Statutes 1998, section 611A.34, 
        subdivision 3, is amended to read: 
           Subd. 3.  [DUTIES.] The advisory council shall: 
           (1) advise the commissioner on all planning, development, 
        data collection, rulemaking, funding, and evaluation of programs 
        and services for battered women and domestic abuse victims that 
        are funded under section 611A.32, other than matters of a purely 
        administrative nature; 
           (2) advise the commissioner on the adoption of rules under 
        chapter 14 governing the award of grants to ensure that funded 
        programs are consistent with section 611A.32, subdivision 1; 
           (3) recommend to the commissioner the names of five 
        applicants for the position of battered women's domestic abuse 
        program director; 
           (4) advise the commissioner on the rules adopted under 
        chapter 14 pursuant to section 611A.33; 
           (5) review applications received by the commissioner for 
        grants under section 611A.32 and make recommendations on the 
        awarding of grants; and 
           (6) advise the program director in the performance of 
        duties in the administration and coordination of the programs 
        funded under section 611A.32. 
           Sec. 18.  Minnesota Statutes 1998, section 611A.345, is 
        amended to read: 
           611A.345 [ADVISORY COUNCIL RECOMMENDATIONS.] 
           The commissioner shall consider the advisory council's 
        recommendations before awarding grants or adopting policies 
        regarding the planning, development, data collection, 
        rulemaking, funding or evaluation of programs and services for 
        battered women and domestic abuse victims funded under section 
        611A.32.  Before taking action on matters related to programs 
        and services for battered women and domestic abuse victims and 
        their children, except day-to-day administrative operations, the 
        commissioner shall notify the advisory council of the intended 
        action.  Notification of grant award decisions shall be given to 
        the advisory council in time to allow the council to request 
        reconsideration.  
           Sec. 19.  Minnesota Statutes 1998, section 611A.35, is 
        amended to read: 
           611A.35 [BATTERED WOMEN'S ADVISORY COUNCIL ON BATTERED 
        WOMEN AND DOMESTIC ABUSE PROGRAM DIRECTOR.] 
           The commissioner shall appoint a program director.  In 
        appointing the program director the commissioner shall give due 
        consideration to the list of applicants submitted to the 
        commissioner pursuant to section 611A.34, subdivision 3, clause 
        (3).  The program director shall administer the funds 
        appropriated for sections 611A.31 to 611A.36, consult with and 
        provide staff to the advisory council, and perform other duties 
        related to battered women's and domestic abuse programs as the 
        commissioner may assign.  The program director shall serve at 
        the pleasure of the commissioner in the unclassified service. 
           Sec. 20.  Minnesota Statutes 1998, section 611A.36, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [FORM PRESCRIBED.] The commissioner shall, 
        by rule adopted under chapter 14, after considering the 
        recommendations of the advisory council, prescribe a uniform 
        form and method for the collection of data on battered 
        women domestic abuse victims.  The method and form of data 
        collection shall be designed to document the incidence of 
        assault on battered women domestic abuse victims as defined in 
        section 611A.31, subdivision 2.  All data collected by the 
        commissioner pursuant to this section shall be summary data 
        within the meaning of section 13.02, subdivision 19. 
           Sec. 21.  Minnesota Statutes 1998, section 611A.36, 
        subdivision 2, is amended to read: 
           Subd. 2.  [MANDATORY DATA COLLECTION.] Every local law 
        enforcement agency shall collect data related to battered women 
        domestic abuse victims in the form required by the 
        commissioner.  The data shall be collected and transmitted to 
        the commissioner at such times as the commissioner shall, by 
        rule, require. 
           Sec. 22.  [611A.37] [DEFINITIONS.] 
           Subdivision 1.  [SCOPE.] For purposes of sections 23 to 27, 
        the terms defined have the meanings given them unless otherwise 
        provided or indicated by the context. 
           Subd. 2.  [DIRECTOR.] "Director" means the director of the 
        Minnesota center for crime victim services or a designee. 
           Subd. 3.  [CENTER.] "Center" means the Minnesota center for 
        crime victim services. 
           Subd. 4.  [SHELTER FACILITY.] "Shelter facility" means a 
        secure crisis shelter, housing network, safe home, or other 
        facility operated by a nonprofit organization and designated by 
        the center for the purpose of providing food, lodging, safety, 
        and 24-hour coverage for battered women and their children. 
           Subd. 5.  [DESIGNATED SHELTER FACILITY.] "Designated 
        shelter facility" means a facility that has applied to, and been 
        approved by, the center to provide shelter and services to 
        battered women and their children. 
           Subd. 6.  [PER DIEM RATE.] "Per diem rate" means a daily 
        charge per person for providing food, lodging, safety, and 
        24-hour coverage for battered women and their children. 
           Subd. 7.  [RESERVE AMOUNT.] "Reserve amount" means the 
        amount the center has reserved for each shelter facility. 
           Subd. 8.  [BATTERED WOMAN.] "Battered woman" has the 
        meaning given in section 611A.31, subdivision 2. 
           Sec. 23.  [611A.371] [PROGRAM OPERATION.] 
           Subdivision 1.  [PURPOSE.] The purpose of the per diem 
        program is to provide reimbursement in a timely, efficient 
        manner to local programs for the reasonable and necessary costs 
        of providing battered women and their children with food, 
        lodging, and safety.  Per diem funding may not be used for other 
        purposes. 
           Subd. 2.  [NONDISCRIMINATION.] Designated shelter 
        facilities are prohibited from discriminating against a battered 
        woman or her children on the basis of race, color, creed, 
        religion, national origin, marital status, status with regard to 
        public assistance, disability, or sexual orientation.  
           Subd. 3.  [DATA.] Personal history information collected, 
        used, or maintained by a designated shelter facility from which 
        the identity or location of any battered woman may be determined 
        is private data on individuals, as defined in section 13.02, 
        subdivision 12, and the facility shall maintain the data in 
        accordance with the provisions of chapter 13. 
           Sec. 24.  [611A.372] [DUTIES OF THE DIRECTOR.] 
           In addition to any other duties imposed by law, the 
        director, with the approval of the commissioner of public 
        safety, shall: 
           (1) supervise the administration of per diem payments to 
        designated shelter facilities; 
           (2) collect data on shelter facilities; 
           (3) conduct an annual evaluation of the per diem program; 
           (4) report to the governor and the legislature on the need 
        for emergency secure shelter; and 
           (5) develop an application process for shelter facilities 
        to follow in seeking reimbursement under the per diem program. 
           Sec. 25.  [611A.373] [PAYMENTS.] 
           Subdivision 1.  [PAYMENT REQUESTS.] Designated shelter 
        facilities may submit requests for payment monthly based on the 
        number of persons housed.  Upon approval of the request for 
        payment by the center, payments shall be made directly to 
        designated shelter facilities from per diem funds on behalf of 
        women and their children who reside in the shelter facility.  
        Payments made to a designated shelter facility must not exceed 
        the annual reserve amount for that facility unless approved by 
        the director.  These payments must not affect the eligibility of 
        individuals who reside in shelter facilities for public 
        assistance benefits, except when required by federal law or 
        regulation. 
           Subd. 2.  [RESERVE AMOUNT.] The center shall calculate 
        annually the reserve amount for each designated shelter 
        facility.  This calculation may be based upon program type, 
        average occupancy rates, and licensed capacity limits.  The 
        total of all reserve amounts shall not exceed the legislative 
        per diem appropriation. 
           Sec. 26.  [611A.375] [APPEAL PROCESS.] 
           (a) Except as provided in paragraph (b), a designated 
        shelter facility may, within 30 days after receiving a decision 
        by the center to deny payment, request reconsideration.  A 
        designated shelter facility which is denied payment upon 
        reconsideration is entitled to a contested case hearing within 
        the meaning of chapter 14. 
           (b) A facility may not appeal a decision by the center to 
        deny payments in excess of the facility's reserve amount. 
           Sec. 27.  Minnesota Statutes 1999 Supplement, section 
        626.558, subdivision 1, is amended to read: 
           Subdivision 1.  [ESTABLISHMENT OF THE TEAM.] A county shall 
        establish a multidisciplinary child protection team that may 
        include, but not be limited to, the director of the local 
        welfare agency or designees, the county attorney or designees, 
        the county sheriff or designees, representatives of health and 
        education, representatives of mental health or other appropriate 
        human service or community-based agencies, and parent groups.  
        As used in this section, a "community-based agency" may include, 
        but is not limited to, schools, social service agencies, family 
        service and mental health collaboratives, early childhood and 
        family education programs, Head Start, or other agencies serving 
        children and families.  A member of the team must be designated 
        as the lead person of the team responsible for the planning 
        process to develop standards for its activities with battered 
        women's and domestic abuse programs and services. 
           Sec. 28.  Minnesota Statutes 1998, section 629.342, 
        subdivision 2, is amended to read: 
           Subd. 2.  [POLICIES REQUIRED.] (a) By July 1, 1993, each 
        law enforcement agency shall develop, adopt, and implement a 
        written policy regarding arrest procedures for domestic abuse 
        incidents.  In the development of a policy, each law enforcement 
        agency shall consult with domestic abuse advocates, community 
        organizations, and other law enforcement agencies with expertise 
        in the recognition and handling of domestic abuse incidents.  
        The policy shall discourage dual arrests, include consideration 
        of whether one of the parties acted in self defense, and provide 
        guidance to officers concerning instances in which officers 
        should remain at the scene of a domestic abuse incident until 
        the likelihood of further imminent violence has been eliminated. 
           (b) The bureau of criminal apprehension, the board of peace 
        officer standards and training, and the battered women's 
        advisory council on battered women and domestic abuse appointed 
        by the commissioner of corrections under section 611A.34, in 
        consultation with the Minnesota chiefs of police association, 
        the Minnesota sheriffs association, and the Minnesota police and 
        peace officers association, shall develop a written model policy 
        regarding arrest procedures for domestic abuse incidents for use 
        by local law enforcement agencies.  Each law enforcement agency 
        may adopt the model policy in lieu of developing its own policy 
        under the provisions of paragraph (a). 
           (c) Local law enforcement agencies that have already 
        developed a written policy regarding arrest procedures for 
        domestic abuse incidents before July 1, 1992, are not required 
        to develop a new policy but must review their policies and 
        consider the written model policy developed under paragraph (b). 
           Sec. 29.  Minnesota Statutes 1998, section 629.72, 
        subdivision 6, is amended to read: 
           Subd. 6.  [NOTICE REGARDING RELEASE OF ARRESTED PERSON.] 
        (a) Immediately after issuance of a citation in lieu of 
        continued detention under subdivision 1, or the entry of an 
        order for release under subdivision 2, but before the arrested 
        person is released, the agency having custody of the arrested 
        person or its designee must make a reasonable and good faith 
        effort to inform orally the alleged victim, local law 
        enforcement agencies known to be involved in the case, if 
        different from the agency having custody, and, at the victim's 
        request any local battered women's and domestic abuse programs 
        established under section 611A.32 or sexual assault programs of: 
           (1) the conditions of release, if any; 
           (2) the time of release; 
           (3) the time, date, and place of the next scheduled court 
        appearance of the arrested person and the victim's right to be 
        present at the court appearance; and 
           (4) if the arrested person is charged with domestic abuse, 
        the location and telephone number of the area battered women's 
        shelter as designated by the department of corrections. 
           (b) As soon as practicable after an order for conditional 
        release is entered, the agency having custody of the arrested 
        person or its designee must personally deliver or mail to the 
        alleged victim a copy of the written order and written notice of 
        the information in paragraph (a), clauses (2) and (3). 
           Sec. 30.  [EFFECTIVE DATE.] 
           Article 2 is effective July 1, 2000. 
           Presented to the governor April 25, 2000 
           Signed by the governor April 26, 2000, 2:35 p.m.

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