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1992 Minnesota Session Laws

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                         Laws of Minnesota 1992 

                        CHAPTER 571-H.F.No. 1849 
           An act relating to crime; antiviolence education, 
          prevention and treatment; increasing penalties for 
          repeat sex offenders; providing for life imprisonment 
          for certain repeat sex offenders; providing for life 
          imprisonment without parole for certain persons 
          convicted of first degree murder; increasing penalties 
          for other violent crimes and crimes committed against 
          children; increasing penalty for second degree assault 
          resulting in substantial bodily harm; removing the 
          limit on consecutive sentences for felonies; 
          increasing supervision of sex offenders; requiring 
          review of sex offenders for psychopathic personality 
          commitment before prison release; providing a fund for 
          sex offender treatment; eliminating the "good time" 
          reduction in prison sentences; allowing the extension 
          of prison terms for disciplinary violations in prison; 
          authorizing the commissioner of corrections to 
          establish a challenge incarceration program; 
          authorizing the imposition of fees for local 
          correctional services on offenders; requiring the 
          imposition of minimum fines on convicted offenders; 
          expanding certain crime victim rights; providing 
          programs for victim-offender mediation; enhancing 
          protection of domestic abuse victims; requiring city 
          and county attorneys to adopt a domestic abuse 
          prosecution plan; creating a civil cause of action for 
          minors used in a sexual performance; providing for a 
          variety of antiviolence education, prevention, and 
          treatment programs; requiring training of peace 
          officers regarding crimes of violence and sensitivity 
          to victims; creating an advisory task force on the 
          juvenile justice system; providing for chemical 
          dependency treatment for children, high-risk youth, 
          and pregnant women, and women with children; providing 
          for violence prevention training and campus safety and 
          security; appropriating money; amending Minnesota 
          Statutes 1990, sections 8.01; 121.882, by adding a 
          subdivision; 127.46; 135A.15; 169.791; 169.792; 
          169.793; 169.796; 171.07, subdivision 1a; 171.19; 
          241.021, by adding a subdivision; 241.67, subdivisions 
          1, 2, 3, 6, and by adding a subdivision; 242.195, 
          subdivision 1; 243.53; 244.01, subdivision 8; 244.03; 
          244.04, subdivisions 1 and 3; 244.05, subdivisions 1, 
          3, 4, 5, and by adding subdivisions; 245.4871, by 
          adding a subdivision; 253B.18, subdivision 2; 254A.14, 
          by adding a subdivision; 254A.17, subdivision 1, and 
          by adding a subdivision; 259.11; 260.125, subdivision 
          3a; 260.151, subdivision 1; 260.155, subdivision 1, 
          and by adding a subdivision; 260.161, subdivision 1, 
          and by adding a subdivision; 260.172, subdivision 1; 
          260.181, by adding a subdivision; 260.185, 
          subdivisions 1, 4, and by adding a subdivision; 
          260.311, by adding a subdivision; 270A.03, subdivision 
          5; 401.02, subdivision 4; 485.018, subdivision 5; 
          518B.01, subdivisions 7, 13, and by adding 
          subdivisions; 526.10; 546.27, subdivision 1; 595.02, 
          subdivision 4; 609.02, by adding a subdivision; 
          609.055; 609.10; 609.101, by adding a subdivision; 
          609.125; 609.135, subdivision 5, and by adding a 
          subdivision; 609.1351; 609.1352, subdivisions 1 and 5; 
          609.15, subdivision 2; 609.152, subdivisions 2 and 3; 
          609.184, subdivisions 1 and 2; 609.185; 609.19; 
          609.222; 609.2231, by adding a subdivision; 609.224, 
          subdivision 2; 609.322; 609.323; 609.342; 609.343; 
          609.344, subdivisions 1 and 3; 609.345, subdivisions 1 
          and 3; 609.346, subdivisions 2, 2a, and by adding 
          subdivisions; 609.3471; 609.378, subdivision 1; 
          609.746, subdivision 2; 609.748, subdivision 5; 
          611.271; 611A.03, subdivision 1; 611A.0311, 
          subdivisions 2 and 3; 611A.034; 611A.04, subdivisions 
          1 and 1a; 611A.52, subdivision 6; 624.7131, 
          subdivisions 1 and 6; 624.7132, subdivision 1; 
          624.714, subdivisions 3 and 7; 626.5531, subdivision 
          1; 626.843, subdivision 1; 626.8451; 626.8465, 
          subdivision 1; 629.72, by adding a subdivision; 
          630.36, subdivision 1, and by adding a subdivision; 
          and 631.035; Minnesota Statutes 1991 Supplement, 
          sections 8.15; 121.882, subdivision 2; 124A.29, 
          subdivision 1, as amended; 126.70, subdivisions 1, as 
          amended, and 2a; 168.041, subdivision 4; 169.795; 
          171.29, subdivision 1; 171.30, subdivision 1; 244.05, 
          subdivision 6; 244.12, subdivision 3; 245.484; 
          245.4884, subdivision 1; 260.161, subdivision 3; 
          299A.30; 299A.31, subdivision 1; 299A.32, subdivisions 
          2 and 2a; 299A.36; 357.021, subdivision 2; 481.10; 
          518B.01, subdivisions 3a, 4, 6, and 14; 609.101, 
          subdivision 1; 609.135, subdivision 2; 609.748, 
          subdivisions 3 and 4; and 611A.32, subdivision 1; Laws 
          1991, chapter 232, section 5; proposing coding for new 
          law in Minnesota Statutes, chapters 126; 145; 145A; 
          169; 241; 244; 256; 256F; 260; 299A; 299C; 480; 526; 
          609; 611A; 617; 624; and 629; repealing Minnesota 
          Statutes 1990, sections 65B.67; 65B.68; 65B.69; and 
          169.792, subdivision 9; Minnesota Statutes 1991 
          Supplement, section 168.041, subdivision 1a. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                                ARTICLE 1

                             SEX OFFENDERS 
    Section 1.  Minnesota Statutes 1990, section 241.67, 
subdivision 3, is amended to read: 
    Subd. 3.  [PROGRAMS FOR ADULT OFFENDERS COMMITTED TO THE 
COMMISSIONER.] (a) The commissioner shall provide for a range of 
sex offender treatment programs, including intensive sex 
offender treatment programs, within the state adult correctional 
facility system.  Participation in any treatment program is 
voluntary and is subject to the rules and regulations of the 
department of corrections.  Nothing in this section requires the 
commissioner to accept or retain an offender in a treatment 
program if the offender is determined by prison professionals as 
unamenable to programming within the prison system or if the 
offender refuses or fails to comply with the program's 
requirements.  Nothing in this section creates a right of an 
offender to treatment.  
    (b) The commissioner shall provide for residential and 
outpatient sex offender treatment programming and aftercare when 
required for conditional release under section 609.1352 or as a 
condition of supervised release. 
    Sec. 2.  Minnesota Statutes 1990, section 241.67, 
subdivision 6, is amended to read: 
    Subd. 6.  [SPECIALIZED CORRECTIONS AGENTS AND PROBATION 
OFFICERS; SEX OFFENDER SUPERVISION.] By January 1, 1990, The 
commissioner of corrections shall develop in-service training 
for state and local corrections agents and probation officers 
who supervise adult and juvenile sex offenders on probation or 
supervised release.  The commissioner shall make the training 
available to all current and future corrections agents and 
probation officers who supervise or will supervise sex offenders 
on probation or supervised release.  
    After January 1, 1991, A state or local corrections agent 
or probation officer may not supervise adult or juvenile sex 
offenders on probation or supervised release unless the agent or 
officer has completed the in-service sex offender supervision 
training.  The commissioner may waive this requirement if the 
corrections agent or probation officer has completed equivalent 
training as part of a post-secondary educational curriculum.  
    After January 1, 1991, When an adult sex offender is placed 
on supervised release or is sentenced to probationary 
supervision, and when a juvenile offender is found delinquent by 
the juvenile court for a sex offense and placed on probation or 
is paroled from a juvenile correctional facility, a corrections 
agent or probation officer may not be assigned to the offender 
unless the agent or officer has completed the in-service sex 
offender supervision training. 
     Sec. 3.  Minnesota Statutes 1990, section 244.05, is 
amended by adding a subdivision to read: 
    Subd. 1a.  [RELEASE ON CERTAIN DAYS.] Notwithstanding the 
amount of good time earned by an inmate whose crime was 
committed before August 1, 1992, if the inmate's scheduled 
release date occurs on a Friday, Saturday, Sunday, or holiday, 
the inmate's supervised release term shall begin on the last day 
before the inmate's scheduled release date that is not a Friday, 
Saturday, Sunday, or holiday.  For an inmate whose crime was 
committed on or after August 1, 1992, if the inmate's scheduled 
release date occurs on a Friday, Saturday, Sunday, or holiday, 
the inmate's supervised release term shall begin on the first 
day after the inmate's scheduled release date that is not a 
Friday, Saturday, Sunday, or holiday. 
    Sec. 4.  Minnesota Statutes 1990, section 244.05, 
subdivision 3, is amended to read: 
    Subd. 3.  [SANCTIONS FOR VIOLATION.] If an inmate violates 
the conditions of the inmate's supervised release imposed by the 
commissioner, the commissioner may: 
    (1) continue the inmate's supervised release term, with or 
without modifying or enlarging the conditions imposed on the 
inmate; or 
    (2) revoke the inmate's supervised release and reimprison 
the inmate for the appropriate period of time. 
    The period of time for which a supervised release may be 
revoked may not exceed the period of time remaining in the 
inmate's sentence, except that for if a sex offender is 
sentenced and conditionally released under section 609.1352, 
subdivision 5, the period of time for which conditional release 
may be revoked may not exceed the balance of the original 
sentence imposed less good time earned under section 244.04, 
subdivision 1 conditional release term. 
    Sec. 5.  Minnesota Statutes 1990, section 244.05, 
subdivision 4, is amended to read: 
    Subd. 4.  [MINIMUM IMPRISONMENT, LIFE SENTENCE.] An inmate 
serving a mandatory life sentence under section 609.184 must not 
be given supervised release under this section.  An inmate 
serving a mandatory life sentence for conviction of murder in 
the first degree under section 609.185, clause (1), (3), (4), 
(5), or (6); or 609.346, subdivision 2a, must not be given 
supervised release under this section without having served a 
minimum term of 30 years.  An inmate serving a mandatory life 
sentence under section 609.385 must not be given supervised 
release under this section without having served a minimum term 
of imprisonment of 17 years. 
    Sec. 6.  Minnesota Statutes 1990, section 244.05, 
subdivision 5, is amended to read: 
    Subd. 5.  [SUPERVISED RELEASE, LIFE SENTENCE.] The 
commissioner of corrections may, under rules promulgated by the 
commissioner, give supervised release to an inmate serving a 
mandatory life sentence under section 609.185, clause (1), (3), 
(4), (5), or (6); 609.346, subdivision 2a; or 609.385 after the 
inmate has served the minimum term of imprisonment specified in 
subdivision 4.  
    Sec. 7.  Minnesota Statutes 1991 Supplement, section 
244.05, subdivision 6, is amended to read: 
    Subd. 6.  [INTENSIVE SUPERVISED RELEASE.] The commissioner 
may order that an inmate be placed on intensive supervised 
release for all or part of the inmate's supervised release or 
parole term if the commissioner determines that the action will 
further the goals described in section 244.14, subdivision 1, 
clauses (2), (3), and (4).  In addition, the commissioner may 
order that an inmate be placed on intensive supervised release 
for all of the inmate's conditional or supervised release term 
if the inmate was convicted of a sex offense under sections 
609.342 to 609.345 or was sentenced under the provisions of 
section 609.1352.  The commissioner may impose appropriate 
conditions of release on the inmate including but not limited to 
unannounced searches of the inmate's person, vehicle, or 
premises by an intensive supervision agent; compliance with 
court-ordered restitution, if any; random drug testing; house 
arrest; daily curfews; frequent face-to-face contacts with an 
assigned intensive supervision agent; work, education, or 
treatment requirements; and electronic surveillance.  In 
addition, any sex offender placed on intensive supervised 
release may be ordered to participate in an appropriate sex 
offender program as a condition of release.  If the inmate 
violates the conditions of the intensive supervised release, the 
commissioner shall impose sanctions as provided in subdivision 3 
and section 609.1352.  
    Sec. 8.  Minnesota Statutes 1991 Supplement, section 
244.12, subdivision 3, is amended to read: 
    Subd. 3.  [OFFENDERS NOT ELIGIBLE.] The following are not 
eligible to be placed on intensive community supervision, under 
subdivision 2, clause (2): 
    (1) offenders who were committed to the commissioner's 
custody under a statutory mandatory minimum sentence; 
    (2) offenders who were committed to the commissioner's 
custody following a conviction for murder, manslaughter, 
criminal sexual conduct in the first or second degree, or 
criminal vehicular homicide or operation resulting in death; and 
    (3) offenders whose presence in the community would present 
a danger to public safety. 
     Sec. 9.  Minnesota Statutes 1990, section 260.185, 
subdivision 1, is amended to read: 
    Subdivision 1.  If the court finds that the child is 
delinquent, it shall enter an order making any of the following 
dispositions of the case which are deemed necessary to the 
rehabilitation of the child: 
    (a) Counsel the child or the parents, guardian, or 
custodian; 
    (b) Place the child under the supervision of a probation 
officer or other suitable person in the child's own home under 
conditions prescribed by the court including reasonable rules 
for the child's conduct and the conduct of the child's parents, 
guardian, or custodian, designed for the physical, mental, and 
moral well-being and behavior of the child, or with the consent 
of the commissioner of corrections, in a group foster care 
facility which is under the management and supervision of said 
commissioner; 
    (c) Subject to the supervision of the court, transfer legal 
custody of the child to one of the following: 
    (1) a child placing agency; or 
    (2) the county welfare board; or 
    (3) a reputable individual of good moral character.  No 
person may receive custody of two or more unrelated children 
unless licensed as a residential facility pursuant to sections 
245A.01 to 245A.16; or 
      (4) a county home school, if the county maintains a home 
school or enters into an agreement with a county home school; or 
      (5) a county probation officer for placement in a group 
foster home established under the direction of the juvenile 
court and licensed pursuant to section 241.021; 
      (d) Transfer legal custody by commitment to the 
commissioner of corrections; 
      (e) If the child is found to have violated a state or local 
law or ordinance which has resulted in damage to the person or 
property of another, the court may order the child to make 
reasonable restitution for such damage; 
      (f) Require the child to pay a fine of up to $700; the 
court shall order payment of the fine in accordance with a time 
payment schedule which shall not impose an undue financial 
hardship on the child; 
      (g) If the child is in need of special treatment and care 
for reasons of physical or mental health, the court may order 
the child's parent, guardian, or custodian to provide it.  If 
the parent, guardian, or custodian fails to provide this 
treatment or care, the court may order it provided; 
      (h) If the court believes that it is in the best interests 
of the child and of public safety that the driver's license of 
the child be canceled until the child's 18th birthday, the court 
may recommend to the commissioner of public safety the 
cancellation of the child's license for any period up to the 
child's 18th birthday, and the commissioner is hereby authorized 
to cancel such license without a hearing.  At any time before 
the termination of the period of cancellation, the court may, 
for good cause, recommend to the commissioner of public safety 
that the child be authorized to apply for a new license, and the 
commissioner may so authorize. 
    If the child is petitioned and found by the court to have 
committed or attempted to commit an act in violation of section 
609.342,; 609.343,; 609.344, or; 609.345,; 609.3451; 
609.746, subdivision 1; 609.79; or 617.23, or another offense 
arising out of a delinquency petition based on one or more of 
those sections, the court shall order an independent 
professional assessment of the child's need for sex offender 
treatment.  An assessor providing an assessment for the court 
may not have any direct or shared financial interest or referral 
relationship resulting in shared financial gain with a treatment 
provider.  If the assessment indicates that the child is in need 
of and amenable to sex offender treatment, the court shall 
include in its disposition order a requirement that the child 
undergo treatment.  Notwithstanding section 13.42, 13.85, 
144.335, 260.161, or 626.556, the assessor has access to the 
following private or confidential data on the child if access is 
relevant and necessary for the assessment: 
    (1) medical data under section 13.42; 
    (2) corrections and detention data under section 13.85; 
    (3) health records under section 144.335; 
    (4) juvenile court records under section 260.161; and 
    (5) local welfare agency records under section 626.556. 
    Data disclosed under this paragraph may be used only for 
purposes of the assessment and may not be further disclosed to 
any other person, except as authorized by law. 
    If the child is found delinquent due to the commission of 
an offense that would be a felony if committed by an adult, the 
court shall make a specific finding on the record regarding the 
juvenile's mental health and chemical dependency treatment needs.
    Any order for a disposition authorized under this section 
shall contain written findings of fact to support the 
disposition ordered, and shall also set forth in writing the 
following information: 
    (a) why the best interests of the child are served by the 
disposition ordered; and 
    (b) what alternative dispositions were considered by the 
court and why such dispositions were not appropriate in the 
instant case. 
    Sec. 10.  Minnesota Statutes 1991 Supplement, section 
609.135, subdivision 2, is amended to read: 
    Subd. 2.  (a) If the conviction is for a felony the stay 
shall be for not more than three years or the maximum period for 
which the sentence of imprisonment might have been imposed, 
whichever is longer. 
    (b) If the conviction is for a gross misdemeanor the stay 
shall be for not more than two years. 
    (c) If the conviction is for any misdemeanor under section 
169.121; 609.746, subdivision 1; 609.79; or 617.23; or for a 
misdemeanor under section 609.224, subdivision 1, in which the 
victim of the crime was a family or household member as defined 
in section 518B.01, the stay shall be for not more than two 
years.  The court shall provide for unsupervised probation for 
the second year of the stay unless the court finds that the 
defendant needs supervised probation for all or part of the 
second year. 
    (d) If the conviction is for a misdemeanor not specified in 
paragraph (c), the stay shall be for not more than one year.  
    (e) The defendant shall be discharged when the stay 
expires, unless the stay has been revoked or extended under 
paragraph (f), or the defendant has already been discharged. 
    (f) Notwithstanding the maximum periods specified for stays 
of sentences under paragraphs (a) to (e), a court may extend a 
defendant's term of probation for up to one year if it finds, at 
a hearing conducted under subdivision 1a, that: 
    (1) the defendant has not paid court-ordered restitution in 
accordance with the payment schedule or structure; and 
    (2) the defendant is likely to not pay the restitution the 
defendant owes before the term of probation expires.  
This one-year extension of probation for failure to pay 
restitution may be extended by the court for up to one 
additional year if the court finds, at another hearing conducted 
under subdivision 1a, that the defendant still has not paid the 
court-ordered restitution that the defendant owes. 
    Sec. 11.  Minnesota Statutes 1990, section 609.1352, 
subdivision 1, is amended to read: 
    Subdivision 1.  [SENTENCING AUTHORITY.] A court may shall 
sentence a person to a term of imprisonment of 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, to a term 
of imprisonment 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 2 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. 
    Sec. 12.  Minnesota Statutes 1990, section 609.1352, 
subdivision 5, is amended to read: 
    Subd. 5.  [CONDITIONAL RELEASE.] At the time of sentencing 
under subdivision 1, the court may shall provide that after the 
offender has completed one-half of the full pronounced sentence 
imposed, without regard to less any good time earned by an 
offender whose crime was committed before August 1, 1993, the 
commissioner of corrections may shall place the offender on 
conditional release for the remainder of the statutory maximum 
period or for ten years, whichever is longer, if the 
commissioner finds that: 
    (1) the offender is amenable to treatment and has made 
sufficient progress in a sex offender treatment program 
available in prison to be released to a sex offender treatment 
program operated by the department of human services or a 
community sex offender treatment and reentry program; and 
    (2) the offender has been accepted in a program approved by 
the commissioner that provides treatment, aftercare, and phased 
reentry into the community. 
    The conditions of release must 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.  Release may be revoked and the stayed sentence 
executed in its entirety less good time 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 sentence 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. 
    Sec. 13.  Minnesota Statutes 1990, 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 when under the following circumstances: 
    (1) the person is convicted of first degree murder under 
section 609.185, clause (2); or 
    (2) the person is convicted of first degree murder under 
section 609.185, clause (1), (3), (4), (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. 14.  Minnesota Statutes 1990, section 609.342, is 
amended to read: 
    609.342 [CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE.] 
    Subdivision 1.  [CRIME DEFINED.] A person who engages in 
sexual penetration with another person 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 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 actor or an accomplice was armed with a dangerous 
weapon or any article used or fashioned in a manner to lead the 
complainant to reasonably believe it could be a dangerous weapon 
and used or threatened to use the dangerous weapon; 
    (iii) circumstances existed at the time of the act to cause 
the complainant to have a reasonable fear of imminent great 
bodily harm to the complainant or another; 
    (iv) the complainant suffered personal injury; or 
    (v) (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. 
    Subd. 2.  [PENALTY.] Except as otherwise provided in 
section 609.346, subdivision 2a or 2b, a person convicted under 
subdivision 1 may be sentenced to imprisonment for not more than 
25 30 years or to a payment of a fine of not more than $40,000, 
or both. 
    Subd. 3.  [STAY.] Except when imprisonment is required 
under section 609.346, if a person is convicted under 
subdivision 1, clause (g), the court may stay imposition or 
execution of the sentence if it finds that: 
    (a) a stay is in the best interest of the complainant or 
the family unit; and 
    (b) a professional assessment indicates that the offender 
has been accepted by and can respond to a treatment program. 
    If the court stays imposition or execution of 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 complete a treatment 
program; and 
    (3) a requirement that the offender have no unsupervised 
contact with the complainant until the offender has successfully 
completed the treatment program.  
    Sec. 15.  Minnesota Statutes 1990, section 609.343, is 
amended to read: 
     609.343 [CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE.] 
    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 actor or an accomplice was armed with a dangerous 
weapon or any article used or fashioned in a manner to lead the 
complainant to reasonably believe it could be a dangerous weapon 
and used or threatened to use the dangerous weapon; 
    (iii) circumstances existed at the time of the act to cause 
the complainant to have a reasonable fear of imminent great 
bodily harm to the complainant or another; 
    (iv) the complainant suffered personal injury; or 
    (v) (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. 
    Subd. 2.  [PENALTY.] Except as otherwise provided in 
section 609.346, subdivision 2a or 2b, a person convicted under 
subdivision 1 may be sentenced to imprisonment for not more than 
20 25 years or to a payment of a fine of not more than $35,000, 
or both. 
    Subd. 3.  [STAY.] Except when imprisonment is required 
under section 609.346, if a person is convicted under 
subdivision 1, clause (g), the court may stay imposition or 
execution of the sentence if it finds that: 
    (a) a stay is in the best interest of the complainant or 
the family unit; and 
    (b) a professional assessment indicates that the offender 
has been accepted by and can respond to a treatment program. 
    If the court stays imposition or execution of 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 complete a treatment 
program; and 
    (3) a requirement that the offender have no unsupervised 
contact with the complainant until the offender has successfully 
completed the treatment program.  
    Sec. 16.  Minnesota Statutes 1990, 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 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 actor or an accomplice was armed with a dangerous 
weapon or any article used or fashioned in a manner to lead the 
complainant to reasonably believe it could be a dangerous weapon 
and used or threatened to use the dangerous weapon; 
    (iii) circumstances existed at the time of the act to cause 
the complainant to have a reasonable fear of imminent great 
bodily harm to the complainant or another; 
    (iv) the complainant suffered personal injury; or 
    (v) (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 during the psychotherapy session.  Consent by the 
complainant is not a defense; 
    (i) the actor is a psychotherapist and the complainant is a 
patient or former patient of the psychotherapist and the patient 
or 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; or 
    (k) the actor accomplishes the sexual penetration by means 
of false representation that the penetration is for a bona fide 
medical purpose by a health care professional.  Consent by the 
complainant is not a defense.  
    Sec. 17.  Minnesota Statutes 1990, section 609.344, 
subdivision 3, is amended to read: 
    Subd. 3.  [STAY.] Except when imprisonment is required 
under section 609.346, if a person is convicted under 
subdivision 1, clause (f), the court may stay imposition or 
execution of the sentence if it finds that: 
    (a) a stay is in the best interest of the complainant or 
the family unit; and 
    (b) a professional assessment indicates that the offender 
has been accepted by and can respond to a treatment program. 
    If the court stays imposition or execution of 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 complete a treatment 
program; and 
    (3) a requirement that the offender have no unsupervised 
contact with the complainant until the offender has successfully 
completed the treatment program.  
    Sec. 18.  Minnesota Statutes 1990, 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.  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 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 actor or an accomplice was armed with a dangerous 
weapon or any article used or fashioned in a manner to lead the 
complainant to reasonably believe it could be a dangerous weapon 
and used or threatened to use the dangerous weapon; 
    (iii) circumstances existed at the time of the act to cause 
the complainant to have a reasonable fear of imminent great 
bodily harm to the complainant or another; 
    (iv) the complainant suffered personal injury; or 
    (v) (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 
during the psychotherapy session.  Consent by the complainant is 
not a defense; 
    (i) the actor is a psychotherapist and the complainant is a 
patient or former patient of the psychotherapist and the patient 
or 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; or 
    (k) the actor accomplishes the sexual contact by means of 
false representation that the contact is for a bona fide medical 
purpose by a health care professional.  Consent by the 
complainant is not a defense.  
    Sec. 19.  Minnesota Statutes 1990, section 609.345, 
subdivision 3, is amended to read: 
    Subd. 3.  [STAY.] Except when imprisonment is required 
under section 609.346, if a person is convicted under 
subdivision 1, clause (f), the court may stay imposition or 
execution of the sentence if it finds that: 
    (a) a stay is in the best interest of the complainant or 
the family unit; and 
    (b) a professional assessment indicates that the offender 
has been accepted by and can respond to a treatment program. 
    If the court stays imposition or execution of 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 complete a treatment 
program; and 
    (3) a requirement that the offender have no unsupervised 
contact with the complainant until the offender has successfully 
completed the treatment program. 
    Sec. 20.  [609.3452] [SEX OFFENDER ASSESSMENT.] 
    Subdivision 1.  [ASSESSMENT REQUIRED.] When a person is 
convicted of a violation of section 609.342; 609.343; 609.344; 
609.345; 609.3451; 609.746, subdivision 1; 609.79; or 617.23, or 
another offense arising out of a charge based on one or more of 
those sections, the court shall order an independent 
professional assessment of the offender's need for sex offender 
treatment.  The court may waive the assessment if:  (1) the 
sentencing guidelines provide a presumptive prison sentence for 
the offender, or (2) an adequate assessment was conducted prior 
to the conviction.  An assessor providing an assessment for the 
court must be experienced in the evaluation and treatment of sex 
offenders. 
    Subd. 2.  [ACCESS TO DATA.] Notwithstanding section 13.42, 
13.85, 144.335, 260.161, or 626.556, the assessor has access to 
the following private or confidential data on the person if 
access is relevant and necessary for the assessment: 
    (1) medical data under section 13.42; 
    (2) corrections and detention data under section 13.85; 
    (3) health records under section 144.335; 
    (4) juvenile court records under section 260.161; and 
    (5) local welfare agency records under section 626.556. 
    Data disclosed under this section may be used only for 
purposes of the assessment and may not be further disclosed to 
any other person, except as authorized by law. 
    Subd. 3.  [TREATMENT ORDER.] If the assessment indicates 
that the offender is in need of and amenable to sex offender 
treatment, the court shall include in the sentence a requirement 
that the offender undergo treatment, unless the court sentences 
the offender to prison. 
    Sec. 21.  Minnesota Statutes 1990, section 609.346, 
subdivision 2, is amended to read: 
    Subd. 2.  [SUBSEQUENT SEX OFFENSE; PENALTY.] Except as 
provided in subdivision 2a or 2b, 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 imprisonment for a term of 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. 
    Sec. 22.  Minnesota Statutes 1990, section 609.346, 
subdivision 2a, is amended to read: 
    Subd. 2a.  [MAXIMUM MANDATORY LIFE SENTENCE IMPOSED.] (a) 
The court shall sentence a person to a term of imprisonment of 
37 years for life, notwithstanding the statutory 
maximum sentences sentence under sections section 609.342 and 
609.343 if: 
    (1) the person is convicted under section 609.342 or 
609.343; and 
    (2) 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 
609.1352; 
    (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 sections section 609.342, subdivision 
3; and 609.343, subdivision 3; and subdivision 2, the court may 
not stay imposition of the sentence required by this subdivision.
    Sec. 23.  Minnesota Statutes 1990, section 609.346, is 
amended by adding a subdivision to read: 
    Subd. 2b.  [MANDATORY 30-YEAR SENTENCE.] (a) The court 
shall sentence a person to a term of 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 sections 609.342, subdivision 3; and 
609.343, subdivision 3; and subdivision 2, the court may not 
stay imposition or execution of the sentence required by this 
subdivision. 
    Sec. 24.  Minnesota Statutes 1990, section 609.346, is 
amended by adding a subdivision to read: 
    Subd. 4.  [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. 
    Sec. 25.  Minnesota Statutes 1990, section 609.346, is 
amended by adding a subdivision to read: 
    Subd. 5.  [SUPERVISED RELEASE OF SEX OFFENDERS.] (a) 
Notwithstanding the statutory maximum sentence otherwise 
applicable to the offense or any provision of the sentencing 
guidelines, any person who is sentenced to prison for a 
violation of section 609.342, 609.343, 609.344, or 609.345 must 
be sentenced to serve a supervised release term as provided in 
this subdivision.  The court shall sentence a person convicted 
for a violation of section 609.342, 609.343, 609.344, or 609.345 
to serve a supervised release term of not less than five years.  
The court shall sentence a person convicted for a violation of 
one of those sections a second or subsequent time, or sentenced 
under section 24 to a mandatory departure, to serve a supervised 
release term of not less than ten years.  
    (b) The commissioner of corrections shall set the level of 
supervision for offenders subject to this section based on the 
public risk presented by the offender. 
    Sec. 26.  Minnesota Statutes 1990, section 609.3471, is 
amended to read: 
    609.3471 [RECORDS PERTAINING TO VICTIM IDENTITY 
CONFIDENTIAL.] 
    Notwithstanding any provision of law to the contrary, no 
data contained in records or reports relating to petitions, 
complaints, or indictments issued pursuant to section 609.342, 
clause (a), (b), (g), or (h); 609.343, clause (a), (b), (g), or 
(h); 609.344, clause (a), (b), (e), (f), or (g); or 609.345, 
clause (a), (b), (e), (f), or (g) which specifically identifies 
the a victim who is a minor shall be accessible to the public, 
except by order of the court.  Nothing in this section 
authorizes denial of access to any other data contained in the 
records or reports, including the identity of the defendant. 
    Sec. 27.  [INTERIM SLIDING FEE SCALE.] 
    By July 1, 1992, the commissioner of corrections shall 
adopt without regard to chapter 14, and provide to each judicial 
district court administrator, an interim sliding fee scale to 
determine the amount of money to be contributed by sex offenders 
toward the cost of the assessments required by section 20.  The 
interim sliding fee scale is effective until the commissioner 
adopts a permanent sliding fee scale under article 8, section 4, 
subdivision 3. 
    Sec. 28.  [INSTITUTE OF PEDIATRIC SEXUAL HEALTH.] 
    Subdivision 1.  [PLANNING.] The commissioner of health, in 
cooperation with the director of strategic and long-range 
planning, shall, by September 1, 1992, convene an 
interdisciplinary committee to plan for an institute of sexual 
health to serve youth and children.  Members of the committee 
shall be appointed by the governor and shall include expert 
professionals from the fields of medicine, psychiatry, 
psychology, education, sociology, and other relevant 
disciplines.  The committee shall also include representatives 
of community agencies that work in the areas of health, 
religion, and corrections. 
    Subd. 2.  [PURPOSE.] The purpose of the institute is the 
diagnosis and treatment of, and research and education relating 
to, the etiology and prevention of sexual dysfunctions and the 
medical, psychological, and relational conditions that affect 
the sexual health of the child, the adolescent, and the family, 
including those of a violent nature.  The institute will focus 
on the early detection of potentially sexually violent behavior 
and disorders of sexual functioning.  The institute will provide 
clinical, programmatic, and staff training support for the 
residential treatment program and will coordinate educational 
programs.  The institute will be a resource for medical, mental 
health, and juvenile justice programs in the state. 
    Subd. 3.  [CLINICAL STAFF.] The institute will provide 
clinical staff including professionals in genetics, reproductive 
biology, molecular biology, endocrinology, brain science, 
ethology, psychology, sociology, and cultural anthropology. 
    Subd. 4.  [TREATMENT PROGRAMS.] The institute will be 
designed to offer a wide variety of diagnostic and treatment 
services, as determined by the planning committee. 
    Subd. 5.  [ANCILLARY SERVICES.] The institute will include 
a research center that will provide facilities, a library, and 
educational services supporting and encouraging research on all 
aspects of pediatric and youth sexology including those factors 
contributing to sexually violent behavior.  The institute will 
fund visiting scholars and establish and maintain international 
collaborative working relationships with other related 
professional institutes and organizations and sponsor an annual 
symposium on pediatric, youth, and family sexology. 
    Subd. 6.  [REPORT.] By February 1, 1993, the commissioner 
of health shall submit to the legislature a plan for 
establishment of an institute to promote the sexual health of 
youth and children.  The plan shall include recommendations for 
siting and funding the institute. 
    Sec. 29.  [EFFECTIVE DATE.] 
    Section 3 is effective the day following final enactment.  
Sections 4, 5, 6, and 10 to 26 are effective August 1, 1992, and 
apply to crimes committed on or after that date.  Section 9 is 
effective August 1, 1992, and applies to persons adjudicated 
delinquent on or after that date.  The court shall consider 
convictions occurring before August 1, 1992, as previous 
convictions in sentencing offenders under sections 22 to 25.  
Section 20, subdivision 3, is effective January 1, 1994. 

                               ARTICLE 2 

                               SENTENCING 
    Section 1.  Minnesota Statutes 1990, section 244.01, 
subdivision 8, is amended to read: 
    Subd. 8.  "Term of imprisonment," as applied to inmates 
whose crimes were committed before August 1, 1993, is the period 
of time to which an inmate is committed to the custody of the 
commissioner of corrections minus earned good time.  "Term of 
imprisonment," as applied to inmates whose crimes were committed 
on or after August 1, 1993, is the period of time which an 
inmate is ordered to serve in prison by the sentencing court, 
plus any disciplinary confinement period imposed by the 
commissioner under section 244.05, subdivision 1b. 
    Sec. 2.  Minnesota Statutes 1990, section 244.03, is 
amended to read: 
    244.03 [VOLUNTARY REHABILITATIVE PROGRAMS.] 
    The commissioner shall provide appropriate mental health 
programs and vocational and educational programs with 
employment-related goals for inmates who desire to voluntarily 
participate in such programs and for inmates who are required to 
participate in the programs under the disciplinary offense rules 
adopted by the commissioner under section 244.05, subdivision 
1b.  The selection, design and implementation of programs under 
this section shall be the sole responsibility of the 
commissioner, acting within the limitations imposed by the funds 
appropriated for such programs. 
    No action challenging the level of expenditures for 
programs authorized under this section, nor any action 
challenging the selection, design or implementation of these 
programs, may be maintained by an inmate in any court in this 
state. 
    Sec. 3.  Minnesota Statutes 1990, section 244.04, 
subdivision 1, is amended to read: 
    Subdivision 1.  [REDUCTION OF SENTENCE.] Notwithstanding 
the provisions of section 609.11, subdivision 6, and section 
609.346, subdivision 1, the term of imprisonment of any inmate 
sentenced to a presumptive fixed sentence after May 1, 1980, and 
whose crime was committed before August 1, 1993, shall be 
reduced in duration by one day for each two days during which 
the inmate violates none of the disciplinary offense rules 
promulgated by the commissioner.  The reduction shall accrue to 
the period of supervised release to be served by the inmate, 
except that the period of supervised release for a sex offender 
sentenced and conditionally released by the commissioner under 
section 609.1352, subdivision 5, is governed by that provision. 
    Except as otherwise provided in subdivision 2, if an inmate 
whose crime was committed before August 1, 1993, violates a 
disciplinary offense rule promulgated by the commissioner, good 
time earned prior to the violation may not be taken away, but 
the inmate may be required to serve an appropriate portion of 
the term of imprisonment after the violation without earning 
good time. 
    Sec. 4.  Minnesota Statutes 1990, section 244.04, 
subdivision 3, is amended to read: 
    Subd. 3.  The provisions of this section do not apply to an 
inmate serving a mandatory life sentence or to persons whose 
crimes were committed on or after August 1, 1993. 
    Sec. 5.  Minnesota Statutes 1990, section 244.05, 
subdivision 1, is amended to read: 
    Subdivision 1.  [SUPERVISED RELEASE REQUIRED.] Except as 
provided in subdivisions 1b, 4, and 5, every inmate shall serve 
a supervised release term upon completion of the inmate's term 
of imprisonment as reduced by any good time earned by the inmate 
or extended by confinement in punitive segregation pursuant to 
section 244.04, subdivision 2.  Except for a sex offender 
conditionally released under section 609.1352, subdivision 5, 
the supervised release term shall be equal to the period of good 
time the inmate has earned, and shall not exceed the length of 
time remaining in the inmate's sentence. 
    Sec. 6.  Minnesota Statutes 1990, section 244.05, is 
amended by adding a subdivision to read: 
    Subd. 1b.  [SUPERVISED RELEASE; OFFENDERS WHO COMMIT CRIMES 
ON OR AFTER AUGUST 1, 1993.] (a) Except as provided in 
subdivisions 4 and 5, every inmate sentenced to prison for a 
felony offense committed on or after August 1, 1993, shall serve 
a supervised release term upon completion of the term of 
imprisonment pronounced by the sentencing court under section 7 
and any disciplinary confinement period imposed by the 
commissioner due to the inmate's violation of any disciplinary 
offense rule adopted by the commissioner under paragraph (b).  
The supervised release term shall be equal in length to the 
amount of time remaining in the inmate's imposed sentence after 
the inmate has served the pronounced term of imprisonment and 
any disciplinary confinement period imposed by the commissioner. 
    (b) By August 1, 1993, the commissioner shall modify the 
commissioner's existing disciplinary rules to specify 
disciplinary offenses which may result in imposition of a 
disciplinary confinement period and the length of the 
disciplinary confinement period for each disciplinary offense.  
These disciplinary offense rules may cover violation of 
institution rules, refusal to work, refusal to participate in 
treatment or other rehabilitative programs, and other matters 
determined by the commissioner.  No inmate who violates a 
disciplinary rule shall be placed on supervised release until 
the inmate has served the disciplinary confinement period or 
until the inmate is discharged or released from punitive 
segregation confinement, whichever is later.  The imposition of 
a disciplinary confinement period shall be considered to be a 
disciplinary sanction imposed upon an inmate, and the procedure 
for imposing the disciplinary confinement period and the rights 
of the inmate in the procedure shall be those in effect for the 
imposition of other disciplinary sanctions at each state 
correctional institution. 
    Sec. 7.  [244.101] [SENTENCING OF FELONY OFFENDERS WHO 
COMMIT OFFENSES ON AND AFTER AUGUST 1, 1993.] 
    Subdivision 1.  [SENTENCING AUTHORITY.] When a felony 
offender is sentenced to a fixed executed prison sentence for an 
offense committed on or after August 1, 1993, the sentence 
pronounced by the court shall consist of two parts:  (1) a 
specified minimum term of imprisonment; and (2) a specified 
maximum supervised release term that is one-half of the minimum 
term of imprisonment.  The lengths of the term of imprisonment 
and the supervised release term actually served by an inmate are 
subject to the provisions of section 244.05, subdivision 1b. 
    Subd. 2.  [EXPLANATION OF SENTENCE.] When a court 
pronounces sentence under this section, it shall specify the 
amount of time the defendant will serve in prison and the amount 
of time the defendant will serve on supervised release, assuming 
the defendant commits no disciplinary offense in prison that may 
result in the imposition of a disciplinary confinement period. 
The court shall also explain that the defendant's term of 
imprisonment may be extended by the commissioner if the 
defendant commits any disciplinary offenses in prison and that 
this extension could result in the defendant's serving the 
entire pronounced sentence in prison.  The court's explanation 
shall be included in the sentencing order. 
    Subd. 3.  [NO RIGHT TO SUPERVISED RELEASE.] Notwithstanding 
the court's specification of the potential length of a 
defendant's supervised release term in the sentencing order, the 
court's order creates no right of a defendant to any specific, 
minimum length of a supervised release term. 
    Subd. 4.  [APPLICATION OF STATUTORY MANDATORY MINIMUM 
SENTENCES.] If the defendant is convicted of any offense for 
which a statute imposes a mandatory minimum sentence or term of 
imprisonment, the statutory mandatory minimum sentence or term 
governs the length of the entire sentence pronounced by the 
court under this section. 
    Sec. 8.  Minnesota Statutes 1990, section 609.15, 
subdivision 2, is amended to read: 
    Subd. 2.  [LIMIT ON TERMS; MISDEMEANOR AND GROSS 
MISDEMEANOR.] If the court specifies that the sentence shall run 
consecutively, the total of the terms of imprisonment imposed, 
other than a term of imprisonment for life, shall not exceed 40 
years.  If and all of the sentences are for misdemeanors, the 
total of the terms of imprisonment shall not exceed one year;.  
If all of the sentences are for gross misdemeanors, the total of 
such the terms shall not exceed three years. 
    Sec. 9.  Minnesota Statutes 1990, section 609.152, 
subdivision 2, is amended to read: 
    Subd. 2.  [INCREASED SENTENCES; DANGEROUS OFFENDERS.] 
Whenever a person is convicted of a violent crime, 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. 
    Sec. 10.  Minnesota Statutes 1990, section 609.152, 
subdivision 3, is amended to read: 
    Subd. 3.  [INCREASED SENTENCES; CAREER OFFENDERS.] 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 more than four prior felony 
convictions and that the present offense is a felony that was 
committed as part of a pattern of criminal conduct from which a 
substantial portion of the offender's income was derived. 
    Sec. 11.  [TASK FORCE ON NEW FELONY SENTENCING SYSTEM.] 
    Subdivision 1.  [MEMBERSHIP.] A task force is established 
to study the implementation of the new felony sentencing system 
provided in this article.  The task force consists of the 
following members or their designees: 
    (1) the chair of the sentencing guidelines commission; 
    (2) the commissioner of corrections; 
    (3) the state court administrator; 
    (4) the chair of the house judiciary committee; and 
    (5) the chair of the senate judiciary committee. 
    The task force shall select a chair from among its 
membership. 
    Subd. 2.  [DUTIES.] The task force shall study the new 
felony sentencing system provisions contained in this article.  
Based on this study, the task force shall: 
    (1) determine whether the current sentencing guidelines and 
sentencing guidelines grid need to be changed in order to 
implement the new sentencing provisions; and 
    (2) determine whether any legislative changes to the 
provisions are needed to permit their effective implementation. 
    Subd. 3.  [REPORT.] The task force shall report the results 
of its study to the legislature by February 15, 1993.  The 
report shall include the task force's recommendations, if any, 
for changing the law or the sentencing guidelines in order to 
effectively implement the new felony sentencing system. 
    Sec. 12.  [SENTENCING GUIDELINES COMMISSION; STUDY.] 
    The sentencing guidelines commission shall study the 
following issues and report its findings and conclusions to the 
chairs of the house and senate judiciary committees by February 
1, 1993: 
    (1) whether the crime of first degree criminal sexual 
conduct should be ranked, in whole or in part, in the next 
higher severity level of the sentencing guidelines grid; 
    (2) whether the current presumptive sentence for the crime 
of second degree intentional murder is adequately proportional 
to the mandatory life imprisonment penalty provided for first 
degree murder; and 
    (3) whether the sentencing guidelines should provide a 
presumption in favor of consecutive sentences for persons who 
are convicted of multiple crimes against a person in separate 
behavioral incidents. 
    Sec. 13.  [SENTENCING GUIDELINES MODIFICATION.] 
    The sentencing guidelines commission shall modify the 
sentencing guidelines to provide that if an inmate of a state 
correctional facility is convicted of committing a felony at the 
facility, it is presumed that the sentence imposed for the 
current felony will run consecutively to the sentence for which 
the inmate was confined when the felony was committed.  The 
commission shall also modify the sentencing guidelines to 
provide that the judge may depart from this presumption and 
impose a concurrent sentence based on evidence that the 
defendant has provided substantial and material assistance in 
the detection or prosecution of crime. 
    Sec. 14.  [EFFECTIVE DATE.] 
    Sections 1 to 7 are effective August 1, 1993, and apply to 
crimes committed on or after that date.  Sections 8 to 10 are 
effective August 1, 1992, and apply to crimes committed on or 
after that date. 

                               ARTICLE 3 

                  PSYCHOPATHIC PERSONALITY PROVISIONS 
    Section 1.  Minnesota Statutes 1990, section 8.01, is 
amended to read: 
    8.01 [APPEARANCE.] 
    The attorney general shall appear for the state in all 
causes in the supreme and federal courts wherein the state is 
directly interested; also in all civil causes of like nature in 
all other courts of the state whenever, in the attorney 
general's opinion, the interests of the state require it.  Upon 
request of the county attorney, the attorney general shall 
appear in court in such criminal cases as the attorney general 
deems proper.  Upon request of a county attorney, the attorney 
general may assume the duties of the county attorney in 
psychopathic personality commitment proceedings under section 
526.10.  Whenever the governor shall so request, in writing, the 
attorney general shall prosecute any person charged with an 
indictable offense, and in all such cases may attend upon the 
grand jury and exercise the powers of a county attorney. 
    Sec. 2.  Minnesota Statutes 1991 Supplement, section 8.15, 
is amended to read: 
    8.15 [ATTORNEY GENERAL COSTS.] 
    The attorney general in consultation with the commissioner 
of finance shall assess executive branch agencies a fee for 
legal services rendered to them.  The assessment against 
appropriations from other than the general fund must be the full 
cost of providing the services.  The assessment against 
appropriations supported by fees must be included in the fee 
calculation.  The assessment against appropriations from the 
general fund not supported by fees must be one-half of the cost 
of providing the services.  An amount equal to the general fund 
receipts in the even-numbered year of the biennium is 
appropriated to the attorney general for each year of the 
succeeding biennium.  All other receipts from assessments must 
be deposited in the state treasury and credited to the general 
fund. 
    The attorney general in consultation with the commissioner 
of finance shall assess political subdivisions fees to cover 
half the cost of legal services rendered to them; except that 
the attorney general may not assess a county any fee for legal 
services rendered in connection with a psychopathic personality 
commitment proceeding under section 526.10 for which the 
attorney general assumes responsibility under section 8.01. 
    Sec. 3.  Minnesota Statutes 1990, section 244.05, is 
amended by adding a subdivision 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 526.10 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 months before the 
inmate's release date.  Upon receiving the commissioner's 
preliminary determination, the county attorney shall proceed in 
the manner provided in section 526.10.  The commissioner shall 
release to the county attorney all requested documentation 
maintained by the department. 
    Sec. 4.  Minnesota Statutes 1990, section 253B.18, 
subdivision 2, is amended to read: 
    Subd. 2.  [REVIEW; HEARING.] A written treatment report 
shall be filed with the committing court within 60 days after 
commitment.  If the person is in the custody of the commissioner 
of corrections when the initial commitment is ordered under 
subdivision 1, the written treatment report must be filed within 
60 days after the person is admitted to the Minnesota security 
hospital or a private hospital receiving the person.  The court, 
prior to making a final determination with regard to a person 
initially committed as mentally ill and dangerous to the public, 
shall hold a hearing.  The hearing shall be held within the 
earlier of 14 days of the court's receipt of the written 
treatment report, if one is filed, or within 90 days of the date 
of initial commitment or admission, whichever is earlier, unless 
otherwise agreed by the parties.  If the court finds that the 
patient qualifies for commitment as mentally ill, but not as 
mentally ill and dangerous to the public, the court may commit 
the person as a mentally ill person and the person shall be 
deemed not to have been found to be dangerous to the public for 
the purposes of subdivisions 4 to 15.  Failure of the treatment 
facility to provide the required report at the end of the 60-day 
period shall not result in automatic discharge of the patient.  
    Sec. 5.  Minnesota Statutes 1990, section 526.10, is 
amended to read: 
    526.10 [LAWS RELATING TO MENTALLY ILL PERSONS DANGEROUS TO 
THE PUBLIC TO APPLY TO PSYCHOPATHIC PERSONALITIES; TRANSFER OR 
COMMITMENT TO CORRECTIONS.] 
    Subdivision 1.  [PROCEDURE.] Except as otherwise provided 
in this section or in chapter 253B, the provisions of chapter 
253B, pertaining to persons mentally ill and dangerous to the 
public shall apply with like force and effect to persons having 
a psychopathic personality, to persons alleged to have such 
personality, and to persons found to have such personality, 
respectively.  Before such proceedings are instituted, the facts 
shall first be submitted to the county attorney, who, if 
satisfied that good cause exists therefor, shall prepare the 
petition to be executed by a person having knowledge of the 
facts and file the same with the judge of the probate court of 
the county in which the "patient," as defined in such statutes, 
has a settlement or is present.  If the patient is in the 
custody of the commissioner of corrections, the petition may be 
filed in the county where the conviction for which the person is 
incarcerated was entered.  The judge of probate shall thereupon 
follow the same procedures set forth in chapter 253B, for 
judicial commitment.  The judge may exclude the general public 
from attendance at such hearing.  If, upon completion of the 
hearing and consideration of the record, the court finds the 
proposed patient has a psychopathic personality, the court shall 
commit such person to a public hospital or a private hospital 
consenting to receive the person, subject to a mandatory review 
by the head of the hospital within 60 days from the date of the 
order as provided for in chapter 253B for persons found to be 
mentally ill and dangerous to the public.  The patient shall 
thereupon be entitled to all of the rights provided for in 
chapter 253B, for persons found to be mentally ill and dangerous 
to the public, and all of the procedures provided for in chapter 
253B, for persons found to be mentally ill and dangerous to the 
public shall apply to such patient except as otherwise provided 
in subdivision 2. 
    Subd. 2.  [TRANSFER TO CORRECTIONAL FACILITY.] Unless the 
provisions of section 609.1351 apply, (a) If a person has been 
committed under this section and also has been later is 
committed to the custody of the commissioner of corrections, the 
person may be transferred from a hospital to another facility 
designated by the commissioner of corrections as provided in 
section 253B.18; except that the special review board and the 
commissioner of human services may consider the following 
factors in lieu of the factors listed in section 253B.18, 
subdivision 6, to determine whether a transfer to the 
commissioner of corrections is appropriate: 
    (1) the person's unamenability to treatment; 
    (2) the person's unwillingness or failure to follow 
treatment recommendations; 
    (3) the person's lack of progress in treatment at the 
public or private hospital; 
     (4) the danger posed by the person to other patients or 
staff at the public or private hospital; and 
     (5) the degree of security necessary to protect the public. 
    (b) If a person is committed under this section after a 
commitment to the commissioner of corrections, the person shall 
first serve the sentence in a facility designated by the 
commissioner of corrections.  After the person has served the 
sentence, the person shall be transferred to a regional center 
designated by the commissioner of human services. 
    Sec. 6.  [526.115] [STATEWIDE JUDICIAL PANEL; PSYCHOPATHIC 
PERSONALITY COMMITMENTS.] 
    Subdivision 1.  [CREATION.] The supreme court may establish 
a panel of district judges with statewide authority to preside 
over commitment proceedings brought under section 526.10.  Only 
one judge of the panel is required to preside over a particular 
commitment proceeding.  Panel members shall serve for one-year 
terms.  One of the judges shall be designated as the chief judge 
of the panel, and is vested with the power to designate the 
presiding judge in a particular case, to set the proper venue 
for the proceedings, and to otherwise supervise and direct the 
operation of the panel.  The chief judge shall designate one of 
the other judges to act as chief judge whenever the chief judge 
is unable to act. 
    Subd. 2.  [EFFECT OF CREATION OF PANEL.] If the supreme 
court creates the judicial panel authorized by this section, all 
petitions for civil commitment brought under section 526.10 
shall be filed with the supreme court instead of with the 
probate court in the county where the proposed patient is 
present, notwithstanding any provision of section 526.10 to the 
contrary.  Otherwise, all of the other applicable procedures 
contained in section 526.10 and chapter 253B apply to commitment 
proceedings conducted by a judge on the panel. 
    Sec. 7.  Minnesota Statutes 1990, section 609.1351, is 
amended to read: 
    609.1351 [PETITION FOR CIVIL COMMITMENT.] 
    When a court sentences a person under section 609.1352, 
609.342, 609.343, 609.344, or 609.345, the court shall make a 
preliminary determination whether in the court's opinion a 
petition under section 526.10 may be appropriate and include the 
determination as part of the sentencing order.  If the court 
determines that a petition may be appropriate, the court shall 
forward its preliminary determination along with supporting 
documentation to the county attorney.  If the person is 
subsequently committed under section 526.10, the person shall 
serve the sentence in a facility designated by the commissioner 
of corrections.  After the person has served the sentence the 
person shall be transferred to a facility designated by the 
commissioner of human services. 
    Sec. 8.  [EFFECTIVE DATE.] 
    Section 7 is effective August 1, 1992, and applies to 
sentences imposed on or after that date. 

                                ARTICLE 4

                        OTHER PENALTY PROVISIONS
    Section 1.  Minnesota Statutes 1991 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, the 
plaintiff, petitioner, or other moving party shall pay, when the 
first paper is filed for that party in said action, a fee of $85.
      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 $85. 
      The party requesting a trial by jury shall pay $30. 
      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, $5, plus 25 cents per page after the first 
page, and $3.50, plus 25 cents per page after the first page 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 notary 
commission; 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) 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 $5. 
     (12) 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. 
    Sec. 2.  Minnesota Statutes 1991 Supplement, section 
609.101, subdivision 1, is amended to read: 
    Subdivision 1.  [SURCHARGES AND ASSESSMENTS.] (a) When a 
court sentences a person convicted of a felony, gross 
misdemeanor, or misdemeanor, other than a petty misdemeanor such 
as a traffic or parking violation, and if the sentence does not 
include payment of a fine, the court shall impose an assessment 
of not less than $25 nor more than $50.  If the sentence for the 
felony, gross misdemeanor, or misdemeanor includes payment of a 
fine of any amount, including a fine of less than $100, the 
court shall impose a surcharge on the fine of ten 20 percent of 
the fine.  This section applies whether or not the person is 
sentenced to imprisonment and when the sentence is suspended.  
    (b) In addition to the assessments in paragraph (a), the 
court shall assess the following surcharges after a person is 
convicted: 
    (1) for a person charged with a felony, $25; 
    (2) for a person charged with a gross misdemeanor, $15; 
    (3) for a person charged with a misdemeanor other than a 
traffic, parking, or local ordinance violation, $10; and 
    (4) for a person charged with a local ordinance violation 
other than a parking or traffic violation, $5.  
The surcharge must be assessed for the original charge, whether 
or not it is subsequently reduced.  A person charged on more 
than one count may be assessed only one surcharge under this 
paragraph, but must be assessed for the most serious offense.  
This paragraph applies whether or not the person is sentenced to 
imprisonment and when the sentence is suspended. 
     (c) The court may not waive payment or authorize payment of 
the assessment or surcharge in installments unless it makes 
written findings on the record that the convicted person is 
indigent or that the assessment or surcharge would create undue 
hardship for the convicted person or that person's immediate 
family. 
     (d) If the court fails to waive or impose an assessment 
required by paragraph (a), the court administrator shall correct 
the record to show imposition of an assessment of $25 if the 
sentence does not include payment of a fine, or if the sentence 
includes a fine, to show an imposition of a surcharge of ten 
percent of the fine.  If the court fails to waive or impose an 
assessment required by paragraph (b), the court administrator 
shall correct the record to show imposition of the assessment 
described in paragraph (b). 
     (e) Except for assessments and surcharges imposed on 
persons convicted of violations described in section 97A.065, 
subdivision 2, the court shall collect and forward to the 
commissioner of finance the total amount of the assessments or 
surcharges and the commissioner shall credit all money so 
forwarded to the general fund. 
     (f) If the convicted person is sentenced to imprisonment, 
the chief executive officer of the correctional facility in 
which the convicted person is incarcerated may collect the 
assessment or surcharge from any earnings the inmate accrues for 
work performed in the correctional facility and forward the 
amount to the commissioner of finance, indicating the part that 
was imposed for violations described in section 97A.065, 
subdivision 2, which must be credited to the game and fish fund. 
    Sec. 3.  Minnesota Statutes 1990, section 609.101, is 
amended by adding a subdivision to read: 
    Subd. 4.  [MINIMUM FINES; OTHER CRIMES.] Notwithstanding 
any other law: 
    (1) when a court sentences a person convicted of a felony 
that is not listed in subdivision 2 or 3, it must impose a fine 
of not less than 20 percent of the maximum fine authorized by 
law nor more than the maximum fine authorized by law; and 
    (2) when a court sentences a person convicted of a gross 
misdemeanor or misdemeanor that is not listed in subdivision 2, 
it must impose a fine of not less than 20 percent of the maximum 
fine authorized by law nor more than the maximum fine authorized 
by law. 
    The court may not waive payment of the minimum fine or 
authorize payment of it in installments unless the court makes 
written findings on the record that the convicted person is 
indigent or that the fine would create undue hardship for the 
convicted person or that person's immediate family. 
    The minimum fine required by this subdivision is in 
addition to the surcharge or assessment required by subdivision 
1 and is in addition to any term of imprisonment or restitution 
imposed or ordered by the court. 
    Sec. 4.  Minnesota Statutes 1990, section 609.184, 
subdivision 1, is amended to read: 
    Subdivision 1.  [TERMS.] (a) A "heinous crime" is:  
    (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 or, 609.343, or 609.344, 
if the offense was committed with force or violence. 
    (b) "Previous conviction" means a conviction in Minnesota 
of 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. 
    Sec. 5.  Minnesota Statutes 1990, 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, 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 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 under circumstances other 
than those described in clause (1) or (2) 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 under circumstances 
other than those described in clause (1), (2), or (5) 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 
section 609.221, 609.222, 609.223, 609.224, 609.342, 609.343, 
609.344, 609.345, 609.377, or 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, or 
609.223, 609.224, 609.342, 609.343, 609.344; 609.345, or 
609.713; 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. 6.  Minnesota Statutes 1990, section 609.19, is 
amended to read: 
    609.19 [MURDER IN THE SECOND DEGREE.] 
    Whoever does either any 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, without intent to 
effect the death of any person, while committing or attempting 
to commit a felony offense other than criminal sexual conduct in 
the first or second degree with force or violence; or 
    (3) Causes the death of a human being without intent to 
effect the death of any person, while intentionally inflicting 
or attempting to inflict bodily harm upon the victim, when the 
perpetrator is restrained under an order for protection issued 
under chapter 518B and the victim is a person designated to 
receive protection under the order.  
    Sec. 7.  Minnesota Statutes 1990, section 609.222, is 
amended to read: 
    609.222 [ASSAULT IN THE SECOND DEGREE.] 
    Subdivision 1.  [DANGEROUS WEAPON.] Whoever assaults 
another with a dangerous weapon may be sentenced to imprisonment 
for not more than seven years or to payment of a fine of not 
more than $14,000, or both.  
     Subd. 2.  [DANGEROUS WEAPON; SUBSTANTIAL BODILY 
HARM.] Whoever assaults another with a dangerous weapon and 
inflicts substantial bodily harm may be sentenced to 
imprisonment for not more than ten years or to payment of a fine 
of not more than $20,000, or both. 
    Sec. 8.  Minnesota Statutes 1990, section 609.2231, is 
amended by adding a subdivision to read: 
     Subd. 6.  [PUBLIC EMPLOYEES WITH MANDATED DUTIES.] A person 
is guilty of a gross misdemeanor who: 
     (1) assaults an agricultural inspector, child protection 
worker, public health nurse, or probation or parole officer 
while the employee is engaged in the performance of a duty 
mandated by law, court order, or ordinance; 
     (2) knows that the victim is a public employee engaged in 
the performance of the official public duties of the office; and 
     (3) inflicts demonstrable bodily harm. 
    Sec. 9.  Minnesota Statutes 1990, section 609.322, is 
amended to read: 
    609.322 [SOLICITATION, INDUCEMENT AND PROMOTION OF 
PROSTITUTION.] 
    Subdivision 1.  Whoever, while acting other than as a 
prostitute or patron, intentionally does either 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 13 
16 years to practice prostitution; or 
    (2) promotes the prostitution of an individual under the 
age of 13 16 years. 
    Subd. 1a.  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 years or to 
payment of a fine of not more than $20,000, or both:  
    (1) Solicits or induces an individual at least 13 16 but 
less than 16 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 13 16 but less than 16 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.  
    Subd. 2.  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 five years or to 
payment of a fine of not more than $10,000, 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 trick, fraud, or deceit; or 
    (3) (2) Being in a position of authority, consents to an 
individual being taken or detained for the purposes of 
prostitution; or 
    (4) (3) 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 trick, fraud or 
deceit; or 
    (c) (b) The actor knows that an individual in a position of 
authority has consented to the individual being taken or 
detained for the purpose of prostitution.  
    Subd. 3.  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 three years or to 
payment of a fine of not more than $5,000, or both:  
    (1) Solicits or induces an individual 18 years of age or 
above to practice prostitution; or 
    (2) Promotes the prostitution of an individual 18 years of 
age or older.  
    Sec. 10.  Minnesota Statutes 1990, section 609.323, is 
amended to read: 
    609.323 [RECEIVING PROFIT DERIVED FROM PROSTITUTION.] 
    Subdivision 1.  Whoever, while acting other than as a 
prostitute or patron, intentionally 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 13 16 years, may be sentenced to imprisonment for not 
more than 15 years or to payment of a fine of not more than 
$30,000, or both. 
    Subd. 1a.  Whoever, while acting other than as a prostitute 
or patron, intentionally receives profit, knowing or having 
reason to know that it is derived from the prostitution, or the 
promotion of the prostitution, of an individual in circumstances 
described in section 609.322, subdivision 1a, clause (4), 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. 2.  Whoever, not related by blood, adoption, or 
marriage to the prostitute, while acting other than as a 
prostitute or patron, intentionally receives profit, knowing or 
having reason to know that it is derived from the prostitution, 
or the promotion of the prostitution, of an individual in 
circumstances described in section 609.322, subdivision 2, 
clause (4) (3) may be sentenced to not more than three years 
imprisonment or to payment of a fine of not more than $5,000, or 
both.  
    Subd. 3.  Whoever, not related by blood, adoption, or 
marriage to the prostitute, while acting other than as a 
prostitute or patron, intentionally receives profit, knowing or 
having reason to know that it is derived from the prostitution, 
or the promotion of the prostitution of an individual 18 years 
of age or above 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.  
    Subd. 4.  This section does not apply to the sale of goods 
or services to a prostitute in the ordinary course of a lawful 
business.  
    Sec. 11.  Minnesota Statutes 1990, section 609.378, 
subdivision 1, is amended to read: 
    Subdivision 1.  [PERSONS GUILTY OF NEGLECT OR 
ENDANGERMENT.] The following people are guilty of neglect or 
endangerment of a child 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. 
    (a)  [NEGLECT.] (1) A parent, legal guardian, or caretaker 
who willfully deprives a child of necessary food, clothing, 
shelter, health care, or supervision appropriate to the child's 
age, when the parent, guardian, or caretaker is reasonably able 
to make the necessary provisions and the deprivation 
substantially harms or is likely to substantially harm the 
child's physical or emotional health is guilty of neglect of a 
child.  If a parent, guardian, or caretaker responsible for the 
child's care in good faith selects and depends upon spiritual 
means or prayer for treatment or care of disease or remedial 
care of the child, this treatment or care is "health care," for 
purposes of this clause. 
    (2) A parent, legal guardian, or caretaker who knowingly 
permits the continuing physical or sexual abuse of a child is 
guilty of neglect of a child.  
    (b)  [ENDANGERMENT.] A parent, legal guardian, or caretaker 
who endangers the child's person or health by: 
    (1) intentionally causing or permitting a child to be 
placed in a situation likely to substantially harm the child's 
physical or mental health or cause the child's death; or 
    (2) knowingly causing or permitting the child to be present 
where any person is selling or possessing a controlled 
substance, as defined in section 152.01, subdivision 4, in 
violation of section 152.021, 152.022, 152.023, or 152.024; 
is guilty of child endangerment.  
    This paragraph does not prevent a parent, legal guardian, 
or caretaker from causing or permitting a child to engage in 
activities that are appropriate to the child's age, stage of 
development, and experience, or from selecting health care as 
defined in subdivision 1, paragraph (a). 
    Sec. 12.  [REPORT ON CRIMINAL FINE ASSESSMENTS.] 
    By December 31, 1992, the state court administrator shall 
report the results of the conference of chief judges fine 
management study to the chairs of the house and senate judiciary 
committees.  The report shall include the following information: 
    (1) data on the total amount of fines imposed on persons 
convicted of misdemeanor, gross misdemeanor, and felony offenses 
in each judicial district; 
    (2) the current status of fine collection in each court in 
Minnesota, including amounts in a receivable status and an 
evaluation of the probability of collection; 
    (3) an evaluation of various fine collection strategies, 
including the results of pilot fine collection projects; and 
    (4) the policies and procedures adopted by the conference 
as a result of the study that are expected to improve the 
collection of fines. 
    Sec. 13.  [EFFECTIVE DATE.] 
     Sections 1 to 11 are effective August 1, 1992, and apply to 
crimes committed on or after that date. 

                                ARTICLE 5

                              CRIME VICTIMS
    Section 1.  Minnesota Statutes 1990, section 135A.15, is 
amended to read: 
    135A.15 [SEXUAL HARASSMENT AND VIOLENCE POLICY.] 
    Subdivision 1.  [POLICY REQUIRED.] The governing board of 
each public post-secondary system and each public post-secondary 
institution shall technical college, community college, or state 
university shall, and the University of Minnesota is requested 
to, adopt a clear, understandable written policy on sexual 
harassment and sexual violence that informs victims of their 
rights under the crime victims bill of rights, including the 
right to assistance from the crime victims reparations board and 
the office of the crime victim ombudsman.  The policy must apply 
to students and employees and must provide information about 
their rights and duties.  The policy must apply to criminal 
incidents occurring on property owned by the post-secondary 
system or institution in which the victim is a student or 
employee of that system or institution.  It must include 
procedures for reporting incidents of sexual harassment or 
sexual violence and for disciplinary actions against violators.  
During student registration, each public post-secondary 
institution shall technical college, community college, or state 
university shall, and the University of Minnesota is requested 
to, provide each student with information regarding its policy.  
A copy of the policy also shall be posted at appropriate 
locations on campus at all times.  Each private post-secondary 
institution that enrolls students who receive state financial 
aid must adopt a policy that meets the requirements of this 
section.  The higher education coordinating board shall 
coordinate the policy development of the systems and 
institutions and periodically provide for review and necessary 
changes in the policies. 
     Subd. 2.  [VICTIMS' RIGHTS.] The policy required under 
subdivision 1 shall, at a minimum, require that students and 
employees be informed of the policy, and shall include 
provisions for: 
    (1) filing criminal charges with local law enforcement 
officials in sexual assault cases; 
    (2) the prompt assistance of campus authorities, at the 
request of the victim, in notifying the appropriate law 
enforcement officials and disciplinary authorities of a sexual 
assault incident; 
    (3) an investigation and resolution of a sexual assault 
complaint by campus disciplinary authorities; 
    (4) a sexual assault victim's participation in and the 
presence of the victim's attorney or other support person at any 
campus disciplinary proceeding concerning a sexual assault 
complaint; 
    (5) notice to a sexual assault victim of the outcome of any 
campus disciplinary proceeding concerning a sexual assault 
complaint, consistent with laws relating to data practices; 
    (6) the complete and prompt assistance of campus 
authorities, at the direction of law enforcement authorities, in 
obtaining, securing, and maintaining evidence in connection with 
a sexual assault incident; 
    (7) the assistance of campus authorities in preserving for 
a sexual assault complainant or victim materials relevant to a 
campus disciplinary proceeding; and 
    (8) the assistance of campus personnel, in cooperation with 
the appropriate law enforcement authorities, at a sexual assault 
victim's request, in shielding the victim from unwanted contact 
with the alleged assailant, including transfer of the victim to 
alternative classes or to alternative college-owned housing, if 
alternative classes or housing are available and feasible.  
    Sec. 2.  Minnesota Statutes 1990, section 260.155, is 
amended by adding a subdivision to read: 
    Subd. 1b.  [RIGHT OF ALLEGED VICTIM TO PRESENCE OF 
SUPPORTIVE PERSON.] Notwithstanding any provision of subdivision 
1 to the contrary, in any delinquency proceedings in which the 
alleged victim of the delinquent act is testifying in court, the 
victim may choose to have a supportive person who is not 
scheduled to be a witness in the proceedings, present during the 
testimony of the victim. 
    Sec. 3.  Minnesota Statutes 1990, section 595.02, 
subdivision 4, is amended to read: 
    Subd. 4.  [COURT ORDER.] (a) In a proceeding in which a 
child less than ten 12 years of age is alleging, denying, or 
describing: 
    (1) an act of physical abuse or an act of sexual contact or 
penetration performed with or on the child or any other person 
by another; or 
    (2) an act that constitutes a crime of violence committed 
against the child or any other person, the court may, upon its 
own motion or upon the motion of any party, order that the 
testimony of the child be taken in a room other than the 
courtroom or in the courtroom and televised at the same time by 
closed-circuit equipment, or recorded for later showing to be 
viewed by the jury in the proceeding, to minimize the trauma to 
the child of testifying in the courtroom setting and, where 
necessary, to provide a setting more amenable to securing the 
child witness's uninhibited, truthful testimony.  
    (b) At the taking of testimony under this subdivision, only 
the judge, the attorneys for the defendant and for the state, 
any person whose presence would contribute to the welfare and 
well-being of the child, persons necessary to operate the 
recording or closed-circuit equipment and, in a child protection 
proceeding under chapter 260 or a dissolution or custody 
proceeding under chapter 518, the attorneys for those parties 
with a right to participate may be present with the child during 
the child's testimony.  
    (c) The court shall permit the defendant in a criminal or 
delinquency matter to observe and hear the testimony of the 
child in person.  If the court, upon its own motion or the 
motion of any party, determines finds in a hearing conducted 
outside the presence of the jury, that the presence of the 
defendant during testimony taken pursuant to this subdivision 
would psychologically traumatize the witness so as to render the 
witness unavailable to testify, the court may order that the 
testimony be taken in a manner that:  
    (1) the defendant can see and hear the testimony of the 
child in person and communicate with counsel, but the child 
cannot see or hear the defendant; or 
    (2) the defendant and child can view each other can see and 
hear the testimony of the child by video or television monitor 
from a separate rooms room and communicate with counsel, but the 
child cannot see or hear the defendant. 
    (d) As used in this subdivision, "crime of violence" has 
the meaning given it in section 624.712, subdivision 5, and 
includes violations of section 609.26. 
    Sec. 4.  Minnesota Statutes 1990, section 611A.03, 
subdivision 1, is amended to read: 
    Subdivision 1.  [PLEA AGREEMENTS; NOTIFICATION OF VICTIM.] 
Prior to the entry of the factual basis for a plea pursuant to a 
plea agreement recommendation, a prosecuting attorney shall make 
a reasonable and good faith effort to inform the victim of: 
    (a) The contents of the plea agreement recommendation, 
including the amount of time recommended for the defendant to 
serve in jail or prison if the court accepts the agreement; and 
    (b) The right to be present at the sentencing hearing and 
to express orally or in writing, at the victim's option, any 
objection to the agreement or to the proposed disposition.  If 
the victim is not present when the court considers the 
recommendation, but has communicated objections to the 
prosecuting attorney, the prosecuting attorney shall make these 
objections known to the court. 
    Sec. 5.  Minnesota Statutes 1990, section 611A.034, is 
amended to read: 
    611A.034 [SEPARATE WAITING AREAS IN COURTHOUSE.] 
    The court shall provide a waiting area for victims during 
court proceedings which is separate from the waiting area used 
by the defendant, the defendant's relatives, and defense 
witnesses, if such a waiting area is available and its use is 
practical.  If a separate waiting area for victims is not 
available or practical, the court shall provide other safeguards 
to minimize the victim's contact with the defendant, the 
defendant's relatives, and defense witnesses during court 
proceedings, such as increased bailiff surveillance and victim 
escorts. 
    Sec. 6.  Minnesota Statutes 1990, section 611A.04, 
subdivision 1, is amended to read: 
    Subdivision 1.  [REQUEST; DECISION.] (a) A victim of a 
crime has the right to request that receive restitution be 
considered as part of the disposition of a criminal charge or 
juvenile delinquency proceeding against the offender if the 
offender is convicted or found delinquent.  The request for 
restitution shall be made by the victim in writing in affidavit 
form.  The request court, or a person or agency designated by 
the court, shall request information from the victim to 
determine the amount of restitution owed.  The court or its 
designee shall obtain the information from the victim in 
affidavit form.  Information submitted relating to restitution 
must describe the items or elements of loss, itemize the total 
dollar amounts of restitution claimed, and specify the reasons 
justifying these amounts, if the request is for monetary 
restitution is in the form of money or property restitution.  A 
request for restitution may include, but is not limited to, any 
out-of-pocket losses resulting from the crime, including medical 
and therapy costs, replacement of wages and services, and 
funeral expenses.  In order to be considered by the court, the 
request at the sentencing or dispositional hearing, all 
information regarding restitution must be received by the court 
administrator of the appropriate court at least three business 
days before the sentencing or dispositional hearing.  The court 
administrator shall provide copies of this request to the 
prosecutor and the offender at least 24 hours before the 
sentencing or dispositional hearing and must also be provided to 
the offender at least three business days before the sentencing 
or dispositional hearing.  If the victim's noncooperation 
prevents the court or its designee from obtaining competent 
evidence regarding restitution, the court is not obligated to 
consider information regarding restitution in the sentencing or 
dispositional hearing.  At the sentencing or dispositional 
hearing, the court shall give the offender an opportunity to 
respond to specific items of restitution and their dollar 
amounts.  
    (b) The court may amend or issue an order of restitution 
after the sentencing or dispositional hearing if: 
    (1) the offender is on probation or supervised release; 
    (2) a request for information regarding restitution is 
filed by the victim or prosecutor in affidavit form was 
submitted as required under paragraph (a); and 
    (3) the true extent of the victim's loss was not known at 
the time of the sentencing or dispositional hearing. 
    If the court holds a hearing on the restitution request, 
the court must notify the offender, the offender's attorney, the 
victim, and the prosecutor at least five business days before 
the hearing.  The court's restitution decision is governed by 
this section and section 611A.045. 
    (c) The court shall grant or deny restitution or partial 
restitution and shall state on the record its reasons for its 
decision on restitution if a request for restitution has been 
made information relating to restitution has been presented.  If 
the court grants partial restitution it shall also specify the 
full amount of restitution that may be docketed as a civil 
judgment under subdivision 3.  The court may not require that 
the victim waive or otherwise forfeit any rights or causes of 
action as a condition of granting restitution or partial 
restitution. 
    Sec. 7.  Minnesota Statutes 1990, section 611A.04, 
subdivision 1a, is amended to read: 
    Subd. 1a.  [CRIME BOARD REQUEST.] The crime victims 
reparations board may request restitution on behalf of a victim 
by filing a copy of a claim for reparations submitted under 
sections 611A.52 to 611A.67, along with orders of the board, if 
any, which detail any amounts paid by the board to the victim.  
The board may file the claim with the court administrator or 
with the person or agency the court has designated to obtain 
information relating to restitution.  In either event, the board 
shall submit the claim not less than three business days before 
the sentencing or dispositional hearing.  If the board submits 
the claim directly to the court administrator, it shall also 
provide a copy to the offender.  The filing of a claim for 
reparations with the court administrator shall also serve as a 
request for restitution by the victim.  The restitution 
requested by the board may be considered to be both on its own 
behalf and on behalf of the victim.  If the board has not paid 
reparations to the victim, restitution may be made directly to 
the victim.  If the board has paid reparations to the victim, 
the court shall order restitution payments to be made directly 
to the board. 
    Sec. 8.  Minnesota Statutes 1990, section 611A.52, 
subdivision 6, is amended to read: 
    Subd. 6.  [CRIME.] (a) "Crime" means conduct that:  
    (1) occurs or is attempted anywhere within the geographical 
boundaries of this state, including Indian reservations and 
other trust lands; 
    (2) poses a substantial threat of personal injury or death; 
and 
    (3) is included within the definition of "crime" in section 
609.02, subdivision 1, or would be included within that 
definition but for the fact that (i) the person engaging in the 
conduct lacked capacity to commit the crime under the laws of 
this state; or (ii) the act was alleged or found to have been 
committed by a juvenile.  
    (b) A crime occurs whether or not any person is prosecuted 
or convicted but the conviction of a person whose acts give rise 
to the claim is conclusive evidence that a crime was committed 
unless an application for rehearing, appeal, or petition for 
certiorari is pending or a new trial or rehearing has been 
ordered.  
    (c) "Crime" does not include an act involving the operation 
of a motor vehicle, aircraft, or watercraft that results in 
injury or death, except that a crime includes any of the 
following: 
    (1) injury or death intentionally inflicted through the use 
of a motor vehicle, aircraft, or watercraft; 
    (2) injury or death caused by a driver in violation of 
section 169.09, subdivision 1; 169.121; or 609.21; and 
    (3) injury or death caused by a driver of a motor vehicle 
in the immediate act of fleeing the scene of a crime in which 
the driver knowingly and willingly participated. 
    Sec. 9.  [611A.76] [CRIME VICTIM SERVICES TELEPHONE LINE.] 
    The commissioner of public safety shall operate at least 
one statewide toll-free 24-hour telephone line for the purpose 
of providing crime victims with referrals for victim services 
and resources. 
    Sec. 10.  [611A.77] [MEDIATION PROGRAMS FOR CRIME VICTIMS 
AND OFFENDERS.] 
    Subdivision 1.  [GRANTS.] The state court administrator 
shall award grants to nonprofit organizations to create or 
expand mediation programs for crime victims and offenders.  For 
purposes of this section, "offender" means an adult charged with 
a nonviolent crime or a juvenile with respect to whom a petition 
for delinquency has been filed in connection with a nonviolent 
offense, and "nonviolent crime" and "nonviolent offense" exclude 
any offense in which the victim is a family or household member, 
as defined in section 518B.01, subdivision 2. 
    Subd. 2.  [PROGRAMS.] The state court administrator shall 
award grants to further the following goals: 
    (1) to expand existing mediation programs for crime victims 
and juvenile offenders to also include adult offenders; 
    (2) to initiate victim-offender mediation programs in areas 
that have no victim-offender mediation programs; 
    (3) to expand the opportunities for crime victims to be 
involved in the criminal justice process; 
    (4) to evaluate the effectiveness of victim-offender 
mediation programs in reducing recidivism and encouraging the 
payment of court-ordered restitution; and 
    (5) to evaluate the satisfaction of victims who participate 
in the mediation programs. 
    Subd. 3.  [MEDIATOR QUALIFICATIONS.] The state court 
administrator shall establish criteria to ensure that mediators 
participating in the program are qualified. 
    Subd. 4.  [MATCH REQUIRED.] A nonprofit organization may 
not receive a grant under this section unless the group has 
raised a matching amount from other sources. 
    Sec. 11.  [EFFECTIVE DATE.] 
    Sections 5 to 8 are effective August 1, 1992, and apply to 
crimes committed on or after that date.  Sections 2 and 3 are 
effective August 1, 1992, and apply to proceedings conducted on 
or after that date. 

                               ARTICLE 6 

                     DOMESTIC ABUSE AND HARASSMENT 
    Section 1.  [480.30] [JUDICIAL TRAINING ON DOMESTIC ABUSE.] 
    The supreme court's judicial education program on domestic 
abuse must include ongoing training for district court judges on 
domestic abuse laws and related civil and criminal court 
issues.  The program must include education on the causes of 
family violence and culturally responsive approaches to serving 
victims.  The program must emphasize the need for the 
coordination of court and legal victim advocacy services and 
include education on domestic abuse programs and policies within 
law enforcement agencies and prosecuting authorities as well as 
the court system. 
    Sec. 2.  Minnesota Statutes 1991 Supplement, 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 shall perform their duties relating to 
service of process without charge to the petitioner.  The court 
shall also direct payment of the reasonable costs of service of 
process in the manner provided in section 563.01, whether served 
by a sheriff, if served by a private process server, when the 
sheriff 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. 3.  Minnesota Statutes 1991 Supplement, section 
518B.01, subdivision 4, is amended to read: 
    Subd. 4.  [ORDER FOR PROTECTION.] There shall exist an 
action known as a petition for an order for protection in cases 
of domestic abuse.  
    (a) A petition for relief under this section may be made by 
any family or household member personally or on behalf of minor 
family or household members.  
    (b) A petition for relief shall allege the existence of 
domestic abuse, and shall be accompanied by an affidavit made 
under oath stating the specific facts and circumstances from 
which relief is sought.  
    (c) A petition for relief must state whether there is an 
existing order for protection in effect under this chapter 
governing both the parties and whether there is a pending 
lawsuit, complaint, petition or other action between the parties 
under chapter 257, 518, 518A, 518B, or 518C.  The clerk of court 
shall verify the terms of any existing order governing the 
parties.  The court may not delay granting relief because of the 
existence of a pending action between the parties or the 
necessity of verifying the terms of an existing order.  A 
subsequent order in a separate action under this chapter may 
modify only the provision of an existing order that grants 
relief authorized under subdivision 6, paragraph (a), clause 
(1).  A petition for relief may be granted, regardless of 
whether there is a pending action between the parties.  
     (d) The court shall provide simplified forms and clerical 
assistance to help with the writing and filing of a petition 
under this section.  
     (e) The court shall advise a petitioner under clause (d) of 
the right to file a motion and affidavit and to sue in forma 
pauperis pursuant to section 563.01 and shall assist with the 
writing and filing of the motion and affidavit.  
     (f) The court shall advise a petitioner under clause (d) of 
the right to serve the respondent by published notice under 
subdivision 5, paragraph (b), if the respondent is avoiding 
personal service by concealment or otherwise, and shall assist 
with the writing and filing of the affidavit. 
    (g) The court shall advise the petitioner of the right to 
seek restitution under the petition for relief. 
    Sec. 4.  Minnesota Statutes 1991 Supplement, 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) 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 deliberation under this 
subdivision decision on custody and visitation shall in no way 
delay the issuance of an order for protection granting other 
reliefs provided for in Laws 1985, chapter 195 this section; 
    (4) 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; 
    (5) provide upon request of the petitioner counseling or 
other social services for the parties, if married, or if there 
are minor children; 
    (6) order the abusing party to participate in treatment or 
counseling services; 
    (7) 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; 
    (8) 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; 
and 
    (9) order the abusing party to pay restitution to the 
petitioner; and 
    (10) 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, 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.  
    (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. 5.  Minnesota Statutes 1990, section 518B.01, 
subdivision 7, is amended to read: 
    Subd. 7.  [TEMPORARY ORDER.] (a) Where an application under 
this section alleges an immediate and present danger of domestic 
abuse, the court may grant an ex parte temporary order for 
protection, pending a full hearing, and granting relief as the 
court deems proper, including an order:  
    (1) restraining the abusing party from committing acts of 
domestic abuse; 
    (2) excluding any party from the dwelling they share or 
from the residence of the other except by further order of the 
court; and 
    (3) excluding the abusing party from the place of 
employment of the petitioner or otherwise limiting access to the 
petitioner by the abusing party at the petitioner's place of 
employment. 
    (b) A finding by the court that there is a basis for 
issuing an ex parte temporary order for protection constitutes a 
finding that sufficient reasons exist not to require notice 
under applicable court rules governing applications for ex parte 
temporary relief. 
    (c) An ex parte temporary order for protection shall be 
effective for a fixed period not to exceed 14 days, except for 
good cause as provided under paragraph (c) (d).  A full hearing, 
as provided by this section, shall be set for not later than 
seven days from the issuance of the temporary order.  The 
respondent shall be served forthwith a copy of the ex parte 
order along with a copy of the petition and notice of the date 
set for the hearing. 
    (c) (d) When service is made by published notice, as 
provided under subdivision 5, the petitioner may apply for an 
extension of the period of the ex parte order at the same time 
the petitioner files the affidavit required under that 
subdivision.  The court may extend the ex parte temporary order 
for an additional period not to exceed 14 days.  The respondent 
shall be served forthwith a copy of the modified ex parte order 
along with a copy of the notice of the new date set for the 
hearing. 
    Sec. 6.  Minnesota Statutes 1990, section 518B.01, 
subdivision 13, is amended to read: 
    Subd. 13.  [COPY TO LAW ENFORCEMENT AGENCY.] (a) An order 
for protection granted pursuant to this section shall be 
forwarded by the court administrator within 24 hours to the 
local law enforcement agency with jurisdiction over the 
residence of the applicant.  
    Each appropriate law enforcement agency shall make 
available to other law enforcement officers through a system for 
verification, information as to the existence and status of any 
order for protection issued pursuant to this section.  
    (b) If the applicant notifies the court administrator of a 
change in the applicant's residence so that a different local 
law enforcement agency has jurisdiction over the residence, the 
order for protection must be forwarded by the court 
administrator to the new law enforcement agency within 24 hours 
of the notice.  If the applicant notifies the new law 
enforcement agency that an order for protection has been issued 
under this section and the applicant has established a new 
residence within that agency's jurisdiction, within 24 hours the 
local law enforcement agency shall request a copy of the order 
for protection from the court administrator in the county that 
issued the order. 
    (c) When an order for protection is granted, the applicant 
for an order for protection must be told by the court that: 
    (1) notification of a change in residence should be given 
immediately to the court administrator and to the local law 
enforcement agency having jurisdiction over the new residence of 
the applicant; 
    (2) the reason for notification of a change in residence is 
to forward an order for protection to the proper law enforcement 
agency; and 
    (3) the order for protection must be forwarded to the law 
enforcement agency having jurisdiction over the new residence 
within 24 hours of notification of a change in residence, 
whether notification is given to the court administrator or to 
the local law enforcement agency having jurisdiction over the 
applicant's new residence. 
    An order for protection is enforceable even if the 
applicant does not notify the court administrator or the 
appropriate law enforcement agency of a change in residence. 
    Sec. 7.  Minnesota Statutes 1991 Supplement, section 
518B.01, subdivision 14, is amended to read: 
    Subd. 14.  [VIOLATION OF AN ORDER FOR PROTECTION.] (a) 
Whenever an order for protection is granted pursuant to this 
section, and the respondent or person to be restrained knows of 
the order, violation of the order for protection is a 
misdemeanor.  Upon conviction, the defendant must be sentenced 
to a minimum of three days imprisonment and must be ordered to 
participate in counseling or other appropriate programs selected 
by the court.  If the court stays imposition or execution of the 
jail sentence and the defendant refuses or fails to comply with 
the court's treatment order, the court must impose and execute 
the stayed jail sentence.  A person who violates this paragraph 
within two years after a previous conviction under this 
paragraph or within two years after a previous conviction under 
a similar law of another state, is guilty of a gross 
misdemeanor.  When a court sentences a person convicted of a 
gross misdemeanor and does not impose a period of incarceration, 
the court shall make findings on the record regarding the 
reasons for not requiring incarceration.  Upon conviction, the 
defendant must be sentenced to a minimum of ten days 
imprisonment and must be ordered to participate in counseling or 
other appropriate programs selected by the court.  
Notwithstanding section 609.135, the court must impose and 
execute the minimum sentence provided in this paragraph for 
gross misdemeanor convictions. 
    (b) A peace officer shall arrest without a warrant and take 
into custody a person whom the peace officer has probable cause 
to believe has violated an order granted pursuant to this 
section restraining the person or excluding the person from the 
residence or the petitioner's place of employment, even if the 
violation of the order did not take place in the presence of the 
peace officer, if the existence of the order can be verified by 
the officer.  The person shall be held in custody for at least 
36 hours, excluding the day of arrest, Sundays, and holidays, 
unless the person is released earlier by a judge or judicial 
officer.  A peace officer acting in good faith and exercising 
due care in making an arrest pursuant to this paragraph is 
immune from civil liability that might result from the officer's 
actions. 
    (c) A violation of an order for protection shall also 
constitute contempt of court and be subject to the penalties 
therefor.  
    (d) If the court finds that the respondent has violated an 
order for protection and that there is reason to believe that 
the respondent will commit a further violation of the provisions 
of the order restraining the respondent from committing acts of 
domestic abuse or excluding the respondent from the petitioner's 
residence, the court may require the respondent to acknowledge 
an obligation to comply with the order on the record.  The court 
may require a bond sufficient to deter the respondent from 
committing further violations of the order for protection, 
considering the financial resources of the respondent, and not 
to exceed $10,000.  If the respondent refuses to comply with an 
order to acknowledge the obligation or post a bond under this 
paragraph, the court shall commit the respondent to the county 
jail during the term of the order for protection or until the 
respondent complies with the order under this paragraph.  The 
warrant must state the cause of commitment, with the sum and 
time for which any bond is required.  If an order is issued 
under this paragraph, the court may order the costs of the 
contempt action, or any part of them, to be paid by the 
respondent.  An order under this paragraph is appealable.  
     (e) Upon the filing of an affidavit by the petitioner, any 
peace officer, or an interested party designated by the court, 
alleging that the respondent has violated any order for 
protection granted pursuant to this section, the court may issue 
an order to the respondent, requiring the respondent to appear 
and show cause within 14 days why the respondent should not be 
found in contempt of court and punished therefor.  The hearing 
may be held by the court in any county in which the petitioner 
or respondent temporarily or permanently resides at the time of 
the alleged violation.  The court also may refer the violation 
of the order for protection to the appropriate prosecuting 
authority for possible prosecution under paragraph (a). 
    (f) If it is alleged that the respondent has violated an 
order for protection issued under subdivision 6 and the court 
finds that the order has expired between the time of the alleged 
violation and the court's hearing on the violation, the court 
may grant a new order for protection under subdivision 6 based 
solely on the respondent's alleged violation of the prior order, 
to be effective until the hearing on the alleged violation of 
the prior order.  If the court finds that the respondent has 
violated the prior order, the relief granted in the new order 
for protection shall be extended for a fixed period, not to 
exceed one year. 
    (g) The admittance into petitioner's dwelling of an abusing 
party excluded from the dwelling under an order for protection 
is not a violation by the petitioner of the order for protection.
    A peace officer is not liable under section 609.43, clause 
(1), for a failure to perform a duty required by clause (b).  
    Sec. 8.  Minnesota Statutes 1990, section 518B.01, is 
amended by adding a subdivision to read: 
    Subd. 20.  [STATEWIDE APPLICATION.] An order for protection 
granted under this section applies throughout this state. 
    Sec. 9.  Minnesota Statutes 1990, section 518B.01, is 
amended by adding a subdivision to read: 
    Subd. 21.  [ORDER FOR PROTECTION FORMS.] The state court 
administrator, in consultation with the advisory council on 
battered women, city and county attorneys, and legal advocates 
who work with victims, shall develop a uniform order for 
protection form that will facilitate the consistent enforcement 
of orders for protection throughout the state. 
    Sec. 10.  Minnesota Statutes 1990, section 609.02, is 
amended by adding a subdivision to read: 
    Subd. 14.  [ELECTRONIC MONITORING DEVICE.] As used in 
sections 609.135, subdivision 5a, 611A.07, and 629.72, 
subdivision 2a, "electronic monitoring device" means a radio 
frequency transmitter unit that is worn at all times on the 
person of a defendant in conjunction with a receiver unit that 
is located in the victim's residence or on the victim's person.  
The receiver unit emits an audible and visible signal whenever 
the defendant with a transmitter unit comes within a designated 
distance from the receiver unit. 
    Sec. 11.  Minnesota Statutes 1990, section 609.135, 
subdivision 5, is amended to read: 
    Subd. 5.  If a person is convicted of assaulting a spouse 
or other person with whom the person resides, and the court 
stays imposition or execution of sentence and places the 
defendant on probation, the court may must condition the stay 
upon the defendant's participation in counseling or other 
appropriate programs selected by the court. 
    Sec. 12.  Minnesota Statutes 1990, section 609.135, is 
amended by adding a subdivision to read: 
    Subd. 5a.  [DOMESTIC ABUSE VICTIMS; ELECTRONIC 
MONITORING.] (a) Until the commissioner of corrections has 
adopted standards governing electronic monitoring devices used 
to protect victims of domestic abuse, the court, as a condition 
of a stay of imposition or execution of a sentence, may not 
order an offender convicted of a crime described in paragraph 
(b) to use an electronic monitoring device to protect a victim's 
safety.  
    (b) This subdivision applies to the following crimes, if 
committed by the defendant against a family or household member 
as defined in section 518B.01, subdivision 2: 
    (1) violations of orders for protection issued under 
chapter 518B; 
    (2) assault in the first, second, third, or fifth degree 
under section 609.221, 609.222, 609.223, or 609.224; 
    (3) criminal damage to property under section 609.595; 
    (4) disorderly conduct under section 609.72; 
    (5) harassing telephone calls under section 609.79; 
    (6) burglary under section 609.582; 
    (7) trespass under section 609.605; 
    (8) criminal sexual conduct in the first, second, third, 
fourth, or fifth degree under section 609.342, 609.343, 609.344, 
609.345, or 609.3451; and 
    (9) terroristic threats under section 609.713. 
    (c) Notwithstanding paragraph (a), the judges in the tenth 
judicial district may order, as a condition of a stay of 
imposition or execution of a sentence, a defendant convicted of 
a crime described in paragraph (b), to use an electronic 
monitoring device to protect the victim's safety.  The judges 
shall make data on the use of electronic monitoring devices to 
protect a victim's safety in the tenth judicial district 
available to the commissioner of corrections to evaluate and to 
aid in development of standards for the use of devices to 
protect victims of domestic abuse.  
    Sec. 13.  Minnesota Statutes 1990, section 609.224, 
subdivision 2, is amended to read: 
    Subd. 2.  [GROSS MISDEMEANOR.] (a) Whoever violates the 
provisions of subdivision 1 against the same victim within five 
years of a previous conviction under subdivision 1 or, sections 
609.221 to 609.2231, or any similar law of another state, may be 
sentenced to imprisonment for not more than one year or to a 
payment of a fine of not more than $3,000, or both. 
    (b) Whoever violates the provisions of subdivision 1 within 
two years of a previous conviction under subdivision 1 or 
sections 609.221 to 609.2231 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. 14.  Minnesota Statutes 1990, section 609.746, 
subdivision 2, is amended to read: 
    Subd. 2.  [INTRUSION ON PRIVACY.] A person who, with the 
intent to harass, abuse, or threaten another, repeatedly follows 
or pursues another, after being told not to do so by the person 
being followed or pursued, is guilty of a misdemeanor.  A person 
is guilty of a gross misdemeanor who: 
    (1) violates this subdivision within two years after a 
previous conviction under this subdivision or section 609.224; 
or 
    (2) violates this subdivision against the same victim 
within five years after a previous conviction under this 
subdivision or section 609.224. 
    Sec. 15.  Minnesota Statutes 1991 Supplement, 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 the respondent's residence is not 
known to the petitioner. 
    Sec. 16.  Minnesota Statutes 1991 Supplement, 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.  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. 17.  Minnesota Statutes 1990, section 609.748, 
subdivision 5, is amended to read: 
    Subd. 5.  [RESTRAINING ORDER.] (a) The court may grant a 
restraining order ordering the respondent to cease or avoid the 
harassment of another person or to have no contact with that 
person if all of the following occur:  
    (1) the petitioner has filed a petition under subdivision 
3; 
    (2) the sheriff has served respondent with a copy of the 
temporary restraining order obtained under subdivision 4, and 
with notice of the time and place of the hearing, or service has 
been made by publication under subdivision 3, paragraph (b); and 
    (3) the court finds at the hearing that there are 
reasonable grounds to believe that the respondent has engaged in 
harassment.  
A restraining order may be issued only against the respondent 
named in the petition.  Relief granted by the restraining order 
must be for a fixed period of not more than two years.  
    (b) The order 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 order is mailed to the respondent at the 
respondent's residence or the respondent is not known to the 
petitioner. 
Service under this paragraph is complete seven days after 
publication An order issued under this subdivision must be 
personally served upon the respondent. 
    Sec. 18.  Minnesota Statutes 1990, section 611A.0311, 
subdivision 2, is amended to read: 
    Subd. 2.  [CONTENTS OF PLAN.] The commissioner of public 
safety shall select five county attorneys and five city 
attorneys whose jurisdictions have higher than a 50 percent 
dismissal rate of domestic abuse cases and direct them to Each 
county and city attorney shall develop and implement a written 
plan to expedite and improve the efficiency and just disposition 
of domestic abuse cases brought to the prosecuting authority.  
Domestic abuse advocates, law enforcement officials, and other 
interested members of the public must have an opportunity to 
assist in the development of a model plan and in the development 
or adaptation of the plans in each of the jurisdictions selected 
for the pilot program jurisdiction.  Once a model plan is 
developed, The commissioner shall make it the model and related 
training and technical assistance available to all city and 
county attorneys regardless of whether they are participating in 
the pilot program.  All plans must state goals and contain 
policies and procedures to address the following matters: 
    (1) early assignment of a trial prosecutor who has the 
responsibility of handling the domestic abuse case through 
disposition, whenever feasible, or, where applicable, probation 
revocation; and early contact between the trial prosecutor and 
the victim; 
    (2) procedures to facilitate the earliest possible contact 
between the prosecutor's office and the victim for the purpose 
of acquainting the victim with the criminal justice process, the 
use of subpoenas, the victim's role as a witness in the 
prosecution, and the domestic abuse or victim services that are 
available; 
    (3) procedures to coordinate the trial prosecutor's efforts 
with those of the domestic abuse advocate or victim advocate, 
where available, and to facilitate the early provision of 
advocacy services to the victim; 
    (4) procedures to encourage the prosecution of all domestic 
abuse cases where a crime can be proven; 
    (5) methods that will be used to identify, gather, and 
preserve evidence in addition to the victim's in-court testimony 
that will enhance the ability to prosecute a case when a victim 
is reluctant to assist, including but not limited to physical 
evidence of the victim's injury, evidence relating to the scene 
of the crime, eyewitness testimony, and statements of the victim 
made at or near the time of the injury; 
    (5) (6) procedures for educating local law enforcement 
agencies about the contents of the plan and their role in 
assisting with its implementation; 
    (6) (7) the use for subpoenas to victims and witnesses, 
where appropriate; 
    (7) (8) procedures for annual review of the plan to 
evaluate whether it is meeting its goals effectively and whether 
improvements are needed; and 
    (8) (9) a timetable for implementation. 
    Sec. 19.  Minnesota Statutes 1990, section 611A.0311, 
subdivision 3, is amended to read: 
    Subd. 3.  [COPY NOTICE FILED WITH DEPARTMENT OF PUBLIC 
SAFETY.] A copy of the written plan must be filed with the 
commissioner of public safety on or before November 15, 1990.  
The Each city and county attorneys selected for the pilot 
program attorney shall file a status report on the pilot program 
notice that a prosecution plan has been adopted with the 
commissioner of public safety by January 1, 1992.  The status 
report must contain information on the number of prosecutions 
and dismissals of domestic abuse cases in the prosecutor's 
office June 1, 1994. 
    Sec. 20.  [611A.07] [ELECTRONIC MONITORING TO PROTECT 
DOMESTIC ABUSE VICTIMS; STANDARDS.] 
    Subdivision 1.  [GENERALLY.] The commissioner of 
corrections, after considering the recommendations of the 
battered women advisory council 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.  
    Subd. 2.  [REPORT TO LEGISLATURE.] By January 1, 1993, the 
commissioner of corrections shall report to the legislature on 
the proposed standards for electronic monitoring devices used to 
protect victims of domestic abuse.  
    Sec. 21.  Minnesota Statutes 1991 Supplement, 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 and support services to battered women 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.  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. 22.  [629.342] [LAW ENFORCEMENT POLICIES FOR DOMESTIC 
ABUSE ARRESTS.] 
    Subdivision 1.  [DEFINITION.] For purposes of this section, 
"domestic abuse" has the meaning given in section 518B.01, 
subdivision 2. 
    Subd. 2.  [POLICIES REQUIRED.] (a) 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 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 the effective date of this 
subdivision are not required to develop a new policy but must 
review their policies and consider the written model policy 
developed under paragraph (b). 
    Subd. 3.  [ASSISTANCE TO VICTIM WHERE NO ARREST.] If a law 
enforcement officer does not make an arrest when the officer has 
probable cause to believe that a person is committing or has 
committed domestic abuse or violated an order for protection, 
the officer shall provide immediate assistance to the victim.  
Assistance includes: 
    (1) assisting the victim in obtaining necessary medical 
treatment; and 
    (2) providing the victim with the notice of rights under 
section 629.341, subdivision 3. 
    Subd. 4.  [IMMUNITY.] A peace officer acting in good faith 
and exercising due care in providing assistance to a victim 
pursuant to subdivision 3 is immune from civil liability that 
might result from the officer's action. 
    Sec. 23.  [629.531] [ELECTRONIC MONITORING AS A CONDITION 
OF PRETRIAL RELEASE.] 
    If a court orders electronic monitoring as a condition of 
pretrial release, it may not use the electronic monitoring as a 
determining factor in deciding what the appropriate level of the 
defendant's money bail or appearance bond should be.  
    Sec. 24.  Minnesota Statutes 1990, section 629.72, is 
amended by adding a subdivision to read: 
    Subd. 2a.  [ELECTRONIC MONITORING AS A CONDITION OF 
PRETRIAL RELEASE.] (a) Until the commissioner of corrections has 
adopted standards governing electronic monitoring devices used 
to protect victims of domestic abuse, the court, as a condition 
of release, may not order a person arrested for a crime 
described in section 609.135, subdivision 5a, paragraph (b), to 
use an electronic monitoring device to protect a victim's safety.
    (b) Notwithstanding paragraph (a), district courts in the 
tenth judicial district may order, as a condition of a release, 
a person arrested on a charge of a crime described in section 
609.135, subdivision 5a, paragraph (b), to use an electronic 
monitoring device to protect the victim's safety.  The courts 
shall make data on the use of electronic monitoring devices to 
protect a victim's safety in the tenth judicial district 
available to the commissioner of corrections to evaluate and to 
aid in development of standards for the use of devices to 
protect victims of domestic abuse.  
    Sec. 25.  Minnesota Statutes 1990, section 630.36, 
subdivision 1, is amended to read: 
    Subdivision 1.  [ORDER.] The issues on the calendar shall 
be disposed of in the following order, unless, upon the 
application of either party, for good cause, the court directs 
an indictment or complaint to be tried out of its order: 
    (1) indictments or complaints for felony, where the 
defendant is in custody; 
    (2) indictments or complaints for misdemeanor, where the 
defendant is in custody; 
    (3) indictments or complaints alleging child abuse, as 
defined in subdivision 2, where the defendant is on bail; 
    (4) indictments or complaints alleging domestic assault, as 
defined in subdivision 3, where the defendant is on bail; 
    (5) indictments or complaints for felony, where the 
defendant is on bail; and 
    (5) (6) indictments or complaints for misdemeanor, where 
the defendant is on bail.  
    After a plea, the defendant shall be entitled to at least 
four days to prepare for trial, if the defendant requires it.  
    Sec. 26.  Minnesota Statutes 1990, section 630.36, is 
amended by adding a subdivision to read: 
    Subd. 3.  [DOMESTIC ASSAULT DEFINED.] As used in 
subdivision 1, "domestic assault" means an assault committed by 
the actor against a family or household member, as defined in 
section 518B.01, subdivision 2. 
    Sec. 27.  [EFFECTIVE DATE.] 
    Sections 4, paragraph (a), clause (3); and 5 are effective 
the day following final enactment. 
    Sections 7, 11, and 13 are effective August 1, 1992, and 
apply to crimes committed on or after that date. 

                                ARTICLE 7

                               JUVENILES 
    Section 1.  Minnesota Statutes 1990, section 260.125, 
subdivision 3a, is amended to read: 
    Subd. 3a.  [PRIOR REFERENCE; EXCEPTION.] Notwithstanding 
the provisions of subdivisions 2 and 3, the court shall order a 
reference in any case where the prosecutor shows that the child 
has been previously referred for prosecution on a felony charge 
by an order of reference issued pursuant to either a hearing 
held under subdivision 2 or pursuant to the waiver of the right 
to such a hearing, other than a prior reference in the same case.
    This subdivision only applies if the child is convicted of 
the offense or offenses for which the child was prosecuted 
pursuant to the order of reference or of a lesser included 
offense which is a felony.  
    This subdivision does not apply to juvenile offenders who 
are subject to criminal court jurisdiction under section 609.055.
    Sec. 2.  Minnesota Statutes 1990, section 260.151, 
subdivision 1, is amended to read: 
    Subdivision 1.  Upon request of the court the county 
welfare board or probation officer shall investigate the 
personal and family history and environment of any minor coming 
within the jurisdiction of the court under section 260.111 and 
shall report its findings to the court.  The court may order any 
minor coming within its jurisdiction to be examined by a duly 
qualified physician, psychiatrist, or psychologist appointed by 
the court.  
    The court shall have a chemical use assessment conducted 
when a child is (1) found to be delinquent for violating a 
provision of chapter 152, or for committing a felony-level 
violation of a provision of chapter 609 if the probation officer 
determines that alcohol or drug use was a contributing factor in 
the commission of the offense, or (2) alleged to be delinquent 
for violating a provision of chapter 152, if the child is being 
held in custody under a detention order.  The assessor's 
qualifications and the assessment criteria shall comply with 
Minnesota Rules, parts 9530.6600 to 9530.6655.  If funds under 
chapter 254B are to be used to pay for the recommended 
treatment, the assessment and placement must comply with all 
provisions of Minnesota Rules, parts 9530.6600 to 9530.6655 and 
9530.7000 to 9530.7030.  The commissioner of public safety shall 
reimburse the court for the cost of the chemical use assessment, 
up to a maximum of $100. 
    With the consent of the commissioner of corrections and 
agreement of the county to pay the costs thereof, the court may, 
by order, place a minor coming within its jurisdiction in an 
institution maintained by the commissioner for the detention, 
diagnosis, custody and treatment of persons adjudicated to be 
delinquent, in order that the condition of the minor be given 
due consideration in the disposition of the case.  Adoption 
investigations shall be conducted in accordance with the laws 
relating to adoptions.  Any funds received under the provisions 
of this subdivision 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 of corrections during that period and are hereby 
appropriated annually to the commissioner of corrections as 
reimbursement of the costs of providing these services to the 
juvenile courts. 
    Sec. 3.  Minnesota Statutes 1990, section 260.155, 
subdivision 1, is amended to read: 
    Subdivision 1.  [GENERAL.] Except for hearings arising 
under section 260.261, hearings on any matter shall be without a 
jury and may be conducted in an informal manner.  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, in need of protection or 
services under section 260.015, subdivision 2a, clause (11) or 
(12), 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.  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.  The court 
shall exclude the general public from these hearings 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; 
except that, the court shall open the hearings to the public in 
delinquency 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.  
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 reference or adjudicatory 
hearings, and (2) the disposition of the case.  Adoption 
hearings shall be conducted in accordance with the provisions of 
laws relating to adoptions. 
    Sec. 4.  Minnesota Statutes 1990, section 260.161, 
subdivision 1, is amended to read: 
    Subdivision 1.  (a) The juvenile court judge shall keep 
such minutes and in such manner as the court deems necessary and 
proper.  Except as provided in paragraph (b), the court shall 
keep and maintain records pertaining to delinquent adjudications 
until the person reaches the age of 23 years and shall release 
the records on an individual to a requesting adult court for 
purposes of sentencing, or to an adult court or juvenile court 
as required by the right of confrontation of either the United 
States Constitution or the Minnesota Constitution.  The juvenile 
court shall provide, upon the request of any other juvenile 
court, copies of the records concerning adjudications involving 
the particular child.  The court shall also keep an index in 
which files pertaining to juvenile matters shall be indexed 
under the name of the child.  After the name of each file shall 
be shown the file number and, if ordered by the court, the book 
and page of the register in which the documents pertaining to 
such file are listed.  The court shall also keep a register 
properly indexed in which shall be listed under the name of the 
child all documents filed pertaining to the child and in the 
order filed.  The list shall show the name of the document and 
the date of filing thereof.  The juvenile court legal records 
shall be deposited in files and shall include the petition, 
summons, notice, findings, orders, decrees, judgments, and 
motions and such other matters as the court deems necessary and 
proper.  The legal records maintained in this file shall be open 
at all reasonable times to the inspection of any child to whom 
the records relate, and to the child's parent and guardian. 
    (b) The court shall retain records of the court finding 
that a juvenile committed an act that would be a violation of, 
or an attempt to violate, section 609.342, 609.343, 609.344, or 
609.345, until the offender reaches the age of 25.  If the 
offender commits another violation of sections 609.342 to 
609.345 as an adult, the court shall retain the juvenile records 
for as long as the records would have been retained if the 
offender had been an adult at the time of the juvenile offense.  
This paragraph does not apply unless the juvenile was 
represented by an attorney when the petition was admitted or 
proven. 
    Sec. 5.  Minnesota Statutes 1990, section 260.161, is 
amended by adding a subdivision to read: 
    Subd. 1a.  [RECORD OF ADJUDICATIONS; NOTICE TO BUREAU OF 
CRIMINAL APPREHENSION.] (a) The juvenile court shall forward to 
the bureau of criminal apprehension the following data on 
juveniles adjudicated delinquent for having committed an act 
described in subdivision 1, paragraph (b): 
    (1) the name and birth date of the juvenile; 
    (2) the type of act for which the juvenile was adjudicated 
delinquent and date of the offense; and 
    (3) the date and county of the adjudication. 
    (b) The bureau shall retain data on a juvenile until the 
offender reaches the age of 25.  If the offender commits another 
violation of sections 609.342 to 609.345 as an adult, the bureau 
shall retain the data for as long as the data would have been 
retained if the offender had been an adult at the time of the 
juvenile offense. 
    Sec. 6.  Minnesota Statutes 1990, section 260.172, 
subdivision 1, is amended to read: 
    Subdivision 1.  (a) If a child was taken into custody under 
section 260.165, subdivision 1, clause (a) or (c)(2), the court 
shall hold a hearing within 72 hours of the time the child was 
taken into custody, excluding Saturdays, Sundays, and holidays, 
to determine whether the child should continue in custody.  
    (b) In all other cases, the court shall hold a detention 
hearing: 
    (1) within 36 hours of the time the child was taken into 
custody, excluding Saturdays, Sundays, and holidays, if the 
child is being held at a juvenile secure detention facility or 
shelter care facility; or 
    (2) within 24 hours of the time the child was taken into 
custody, excluding Saturdays, Sundays, and holidays, if the 
child is being held at an adult jail or municipal lockup.  
    (c) Unless there is reason to believe that the child would 
endanger self or others, not return for a court hearing, run 
away from the child's parent, guardian, or custodian or 
otherwise not remain in the care or control of the person to 
whose lawful custody the child is released, or that the child's 
health or welfare would be immediately endangered, the child 
shall be released to the custody of a parent, guardian, 
custodian, or other suitable person, subject to reasonable 
conditions of release including, but not limited to, a 
requirement that the child undergo a chemical use assessment as 
provided in section 260.151, subdivision 1.  In determining 
whether the child's health or welfare would be immediately 
endangered, the court shall consider whether the child would 
reside with a perpetrator of domestic child abuse. In a 
proceeding regarding a child in need of protection or services, 
the court, before determining whether a child should continue in 
custody, shall also make a determination, consistent with 
section 260.012 as to whether reasonable efforts, or in the case 
of an Indian child, active efforts, according to the Indian 
Child Welfare Act of 1978, United States Code, title 25, section 
1912(d), were made to prevent placement or to reunite the child 
with the child's family, or that reasonable efforts were not 
possible.  The court shall also determine whether there are 
available services that would prevent the need for further 
detention. 
    If the court finds the social services agency's preventive 
or reunification efforts have not been reasonable but further 
preventive or reunification efforts could not permit the child 
to safely remain at home, the court may nevertheless authorize 
or continue the removal of the child. 
    Sec. 7.  Minnesota Statutes 1990, section 260.181, is 
amended by adding a subdivision to read: 
    Subd. 3a.  [REPORTS; JUVENILES PLACED OUT OF STATE.] (a) 
Whenever a child is placed in a residential program located 
outside of this state pursuant to a disposition order issued 
under section 260.185 or 260.191, the juvenile court 
administrator shall report the following information to the 
state court administrator: 
    (1) the fact that the placement is out of state; 
    (2) the type of placement; and 
    (3) the reason for the placement. 
    (b) By July 1, 1994, and each year thereafter, the state 
court administrator shall file a report with the legislature 
containing the information reported under paragraph (a) during 
the previous calendar year. 
    Sec. 8.  Minnesota Statutes 1990, section 260.185, is 
amended by adding a subdivision to read: 
    Subd. 1a.  [POSSESSION OF FIREARM.] If the child is 
petitioned and found delinquent by the court, and the court also 
finds that the child was in possession of a firearm at the time 
of the offense, in addition to any other disposition the court 
shall order that the firearm be immediately seized and shall 
order that the child be required to serve at least 100 hours of 
community work service unless the child is placed in a 
residential treatment program or a juvenile correctional 
facility. 
    Sec. 9.  Minnesota Statutes 1990, section 260.185, 
subdivision 4, is amended to read: 
    Subd. 4.  All orders for supervision under subdivision 1, 
clause (b) shall be for an indeterminate period unless otherwise 
specified by the court, and shall be reviewed by the court at 
least annually.  All orders under subdivision 1, clause (c) 
shall be for a specified length of time set by the court.  
However, before an order has expired and upon the court's own 
motion or that of any interested party, the court has continuing 
jurisdiction to renew the order or, after notice to the parties 
and a hearing, make some other disposition of the case, until 
the individual is no longer a minor becomes 19 years of age.  
Any person to whom legal custody is transferred shall report to 
the court in writing at such periods as the court may direct. 
    Sec. 10.  [299C.095] [SYSTEM FOR IDENTIFICATION OF 
ADJUDICATED JUVENILES.] 
    The bureau shall establish a system for recording the data 
on adjudicated juveniles received from the juvenile courts under 
section 5.  The data in the system are private data as defined 
in section 13.02, subdivision 12, but are accessible to a person 
who has access to the juvenile court records as provided in 
section 260.161 or under court rule. 
    Sec. 11.  Minnesota Statutes 1990, section 546.27, 
subdivision 1, is amended to read: 
    Subdivision 1.  (a) When an issue of fact has been tried by 
the court, the decision shall be in writing, the facts found and 
the conclusion of law shall be separately stated, and judgment 
shall be entered accordingly.  Except as provided in paragraph 
(b), all questions of fact and law, and all motions and matters 
submitted to a judge for a decision in trial and appellate 
matters, shall be disposed of and the decision filed with the 
court administrator within 90 days after such submission, unless 
sickness or casualty shall prevent, or the time be extended by 
written consent of the parties.  No part of the salary of any 
judge shall be paid unless the voucher therefor be accompanied 
by a certificate of the judge that there has been full 
compliance with the requirements of this section. 
    (b) If a hearing has been held on a petition under chapter 
260 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 decision must be filed within 15 days after the 
matter is submitted to the judge. 
    Sec. 12.  Minnesota Statutes 1990, section 609.055, is 
amended to read: 
    609.055 [LIABILITY OF CHILDREN.] 
    Subdivision 1.  [GENERAL RULE.] Children under the age of 
14 years are incapable of committing crime.  
    Subd. 2.  [ADULT PROSECUTION.] Children of the age of 14 
years or over but under 18 years may be prosecuted for a 
criminal offense if the alleged violation is duly referred to 
the appropriate prosecuting authority in accordance with the 
provisions of chapter 260.  A child who is 16 years of age or 
older but under 18 years of age is capable of committing a crime 
and may be prosecuted for a felony if: 
    (1) the child has been previously referred for prosecution 
on a felony charge by an order of reference issued pursuant to a 
hearing under section 260.125, subdivision 2, or pursuant to the 
waiver of the right to such a hearing, or prosecuted pursuant to 
this subdivision; and 
    (2) the child was convicted of the felony offense or 
offenses for which the child was prosecuted or of a lesser 
included felony offense. 
    Sec. 13.  [ADVISORY TASK FORCE ON THE JUVENILE JUSTICE 
SYSTEM.] 
    Subdivision 1.  [MEMBERSHIP.] The supreme court shall 
conduct a study of the juvenile justice system.  To conduct the 
study, the court shall convene an advisory task force on the 
juvenile justice system, consisting of the following 20 members: 
    (1) four judges appointed by the chief justice of the 
supreme court; 
    (2) two members of the house of representatives, one of 
whom must be a member of the minority party, appointed by the 
speaker, and two members of the senate, one of whom must be a 
member of the minority party, appointed by the subcommittee on 
committees of the senate committee on rules and administration; 
    (3) two professors of law appointed by the chief justice of 
the supreme court; 
    (4) the state public defender; 
    (5) one county attorney who is responsible for juvenile 
court matters, appointed by the chief justice of the supreme 
court on recommendation of the Minnesota county attorneys 
association; 
    (6) two corrections administrators appointed by the 
governor, one from a community corrections act county and one 
from a noncommunity corrections act county; 
    (7) the commissioner of human services; 
    (8) the commissioner of corrections; 
    (9) two public members appointed by the governor, one of 
whom is a victim of crime; and 
    (10) two law enforcement officers who are responsible for 
juvenile delinquency matters, appointed by the governor. 
    Subd. 2.  [SELECTION OF CHAIR.] The task force shall select 
a chair from among its membership other than the members 
appointed under subdivision 1, clause (2). 
    Subd. 3.  [STAFF.] The task force may employ necessary 
staff to provide legal counsel, research, and clerical 
assistance. 
    Subd. 4.  [DUTIES.] The task force shall conduct a study of 
the juvenile justice system and make recommendations concerning 
the following: 
    (1) the juvenile certification process; 
    (2) the retention of juvenile delinquency adjudication 
records and their use in subsequent adult proceedings; 
    (3) the feasibility of a system of statewide juvenile 
guidelines; 
    (4) the effectiveness of various juvenile justice system 
approaches, including behavior modification and treatment; and 
    (5) the extension to juveniles of a nonwaivable right to 
counsel and a right to a jury trial. 
    Subd. 5.  [REPORT.] The task force shall submit a written 
report to the governor and the legislature by December 1, 1993, 
containing its findings and recommendations.  The task force 
expires upon submission of its report. 
    Sec. 14.  [PLAN TO INCREASE OPPORTUNITIES FOR JUVENILES AND 
YOUNG ADULTS.] 
    Subdivision 1.  [COMPREHENSIVE PLAN.] The advisory task 
force on mentoring and community service shall, by January 15, 
1993, propose to the legislature a comprehensive plan to improve 
and increase opportunities for juveniles and young adults to 
engage in meaningful service and work that benefits communities 
and the state.  The plan shall reflect the legislature's intent 
to prevent crime and to minimize the expenditure of limited 
corrections resources by engaging young people in constructive 
alternatives to criminal and other antisocial activities.  The 
plan shall also reflect the legislature's recognition that each 
young person has significant strengths, and that state 
investment should build on these strengths rather than plan for 
failure.  The plan must include at least the following 
components: 
    (1) an analysis of the fiscal impact of the state's 
sentencing and corrections policies, including unfunded 
liabilities for state and local governments; 
    (2) policies to assure school-to-work transition for 
noncollege bound young adults; 
    (3) policies to improve community service opportunities for 
young people; 
    (4) policies to assure well-supervised summer and 
year-round employment opportunities that teach young people a 
strong work ethic; 
    (5) policies to improve role models for young people by 
increasing mentoring and tutoring opportunities; and 
    (6) recommendations for funding new programs, including 
redirecting and reprioritizing existing resources. 
    Subd. 2.  [LEGISLATIVE MEMBERS.] The speaker of the house 
and the majority leader of the senate shall each appoint three 
legislators to serve as nonvoting members of the advisory task 
force. 
    Subd. 3.  [CONSULTATION.] In developing the plan required 
by subdivision 1, the advisory task force on mentoring and 
community service shall consult with the department of jobs and 
training, the department of natural resources, the higher 
education coordinating board, the office of volunteer services, 
the department of education, and other appropriate agencies. 
    Sec. 15.  [EFFECTIVE DATE.] 
    Sections 1 to 12 are effective August 1, 1992, and apply to 
violations occurring on or after that date.  Section 13 is 
effective the day following final enactment. 

                               ARTICLE 8 

                         SEX OFFENDER TREATMENT 
    Section 1.  Minnesota Statutes 1990, section 241.67, 
subdivision 1, is amended to read: 
    Subdivision 1.  [SEX OFFENDER TREATMENT.] A sex offender 
treatment system is established under the administration of the 
commissioner of corrections to provide and finance a range of 
sex offender treatment programs for eligible adults and 
juveniles.  Eligible Offenders who are eligible to receive 
treatment, within the limits of available funding, are: 
    (1) adults and juveniles committed to the custody of the 
commissioner; 
    (2) adult offenders for whom treatment is required by the 
court as a condition of probation; and 
    (3) juvenile offenders who have been found delinquent or 
received a stay of adjudication, for whom the juvenile court has 
ordered treatment; and 
    (4) adults and juveniles who are eligible for 
community-based treatment under the sex offender treatment fund 
established in section 4. 
    Sec. 2.  Minnesota Statutes 1990, section 241.67, 
subdivision 2, is amended to read: 
    Subd. 2.  [TREATMENT PROGRAM STANDARDS.] By July 1, 
1991, (a) The commissioner shall adopt rules under chapter 14 
for the certification of adult and juvenile sex offender 
treatment programs in state and local correctional facilities.  
The rules shall require that sex offender treatment programs be 
at least four months in duration.  After July 1, 1991, A 
correctional facility may not operate a sex offender treatment 
program unless the program has met the standards adopted by and 
been certified by the commissioner of corrections.  As used in 
this subdivision, "correctional facility" has the meaning given 
it in section 241.021, subdivision 1, clause (5).  
    (b) By July 1, 1994, the commissioner shall adopt rules 
under chapter 14 for the certification of community-based adult 
and juvenile sex offender treatment programs not operated in 
state or local correctional facilities.  
    (c) In addition to other certification requirements 
established under paragraphs (a) and (b), rules adopted by the 
commissioner must require all certified programs to participate 
in an ongoing outcome-based evaluation and quality management 
system established by the commissioner. 
    Sec. 3.  Minnesota Statutes 1990, section 241.67, is 
amended by adding a subdivision to read: 
    Subd. 7.  [FUNDING PRIORITY; PROGRAM EFFECTIVENESS.] (a) 
Unless otherwise directed by the terms of a particular 
appropriations provision, the commissioner shall give priority 
to the funding of juvenile sex offender programs over the 
funding of adult sex offender programs. 
    (b) Every county or private sex offender program that seeks 
new or continued state funding or reimbursement shall provide 
the commissioner with any information relating to the program's 
effectiveness that the commissioner considers necessary.  The 
commissioner shall deny state funding or reimbursement to any 
county or private program that fails to provide this information 
or that appears to be an ineffective program. 
    Sec. 4.  [241.671] [SEX OFFENDER TREATMENT FUND.] 
    Subdivision 1.  [TREATMENT FUND ADMINISTRATION.] A sex 
offender treatment fund is established to pay for 
community-based sex offender treatment for adults and 
juveniles.  The commissioner of corrections and the commissioner 
of human services shall establish an interagency staff work 
group to coordinate agency activities relating to sex offender 
treatment.  The commissioner of human services is responsible 
for administering the sex offender treatment fund, including 
establishing requirements for submitting claims for payment, 
paying vendors, and enforcing the county maintenance of effort 
requirement in subdivision 7.  The commissioner of corrections 
is responsible for overseeing and coordinating a statewide sex 
offender treatment system under section 241.67, subdivision 1; 
certifying sex offender treatment providers under section 
241.67, subdivision 2, paragraph (b); establishing eligibility 
criteria and an assessment process under subdivision 3; 
determining county allocations of treatment fund money under 
subdivision 4; and approving special project grants under 
subdivision 5.  The county is responsible for developing and 
coordinating sex offender treatment services under the 
supervision of the commissioner of corrections, approving sex 
offender treatment vendors under subdivision 8, approving 
persons for treatment within the limits of the county's 
allocation of treatment fund money under subdivision 4, and 
selecting an eligible vendor to provide the appropriate level of 
treatment to each person who is eligible to receive treatment 
and for whom funding is available.  The assessment of 
eligibility and treatment needs under subdivision 3 must be 
conducted by the agency responsible for probation services.  If 
this agency is not a county agency, the county shall enter into 
an agreement with the agency that prescribes the process for 
county approval of treatment and treatment vendors within the 
limits of the county's allocation of treatment fund money.  The 
commissioner of corrections shall adopt rules under chapter 14 
governing the sex offender treatment fund.  At the request of 
the commissioner of corrections, the commissioner of human 
services shall provide technical assistance relating to the 
duties required under this section.  The commissioner of 
corrections and the commissioner of human services shall 
coordinate activities relating to the sex offender treatment 
fund with activities relating to the consolidated chemical 
dependency treatment fund. 
    Subd. 2.  [PERSONS ELIGIBLE TO RECEIVE TREATMENT.] Within 
the limits of available funding, the sex offender treatment fund 
pays for sex offender treatment for sex offenders who have been 
ordered by the court to receive treatment and high-risk persons 
who seek treatment voluntarily.  For purposes of this section, a 
sex offender is an adult who has been convicted under, or a 
juvenile who has been adjudicated to be delinquent based on a 
violation of, section 609.342; 609.343; 609.344; 609.345; 
609.3451; 609.746, subdivision 1; 609.79; or 617.23, or another 
offense arising out of a charge or delinquency petition based on 
one or more of those sections.  The treatment fund pays for 
treatment only to the extent that the costs of treatment cannot 
be met by the person's income or assets, health coverage, or 
other resources.  Payment may be made on behalf of eligible 
persons only if:  
    (1) the person has been assessed and determined to be in 
need of community-based treatment under subdivision 3; 
    (2) the county has approved treatment and designated a 
treatment vendor within the limits of the county's allocation of 
money under subdivision 4; 
    (3) the person received the appropriate level of treatment 
as determined through the assessment process; 
    (4) the person received services from a vendor certified by 
the commissioner of corrections under section 241.67, 
subdivision 2, paragraph (b); and 
    (5) the vendor submitted a claim for payment in accordance 
with requirements established by the commissioner of human 
services. 
    Subd. 3.  [ASSESSMENT.] (a) The commissioner of corrections 
shall establish a process and criteria for assessing the 
eligibility and treatment needs of persons on whose behalf 
payment from the sex offender treatment fund is sought.  The 
assessment determines:  (1) whether the individual is eligible 
under subdivision 2; (2) the person's ability to contribute to 
the cost of treatment; (3) whether a need for treatment exists; 
(4) if treatment is needed, the appropriate level of treatment; 
and (5) if the person is seeking treatment voluntarily, whether 
the person represents a high risk of becoming a sex offender in 
the absence of intervention and treatment. 
    (b) The commissioner shall develop a sliding fee scale to 
determine the amount of the contribution required from persons 
who have income or other financial resources.  The fee scale 
must require persons whose income and assets are above the 
limits for the medical assistance program to contribute to the 
cost of the assessment and treatment and require persons whose 
income is above the state median income to pay the entire cost 
of assessment and treatment.  
    Subd. 4.  [COUNTY ALLOCATIONS.] (a) For the first year of 
the sex offender treatment fund, the money appropriated for the 
treatment fund must be allocated among the counties according to 
the following formula: 
    (1) two-thirds based on the number of sex offender 
convictions or adjudications in the county in the previous year; 
and 
    (2) one-third based on county population. 
    (b) Any balance remaining in the fund at the end of the 
first year of the fund does not cancel and is available for the 
next year.  Any balance remaining in subsequent years does not 
carry forward unless specifically authorized by the legislature. 
    (c) For the second year of the fund, an amount equal to the 
balance carried forward from the first year, plus any 
legislative appropriation for special project grants, must be 
reserved for special projects under subdivision 5.  This becomes 
the base funding level for special project grants.  The 
appropriation for the treatment fund must be allocated to 
counties in proportion to the amount actually paid out of each 
county's treatment fund allocation in the previous year.  
    (d) For the third and subsequent years of the fund, the 
appropriation for the sex offender treatment fund must be 
allocated to counties in proportion to the previous year's 
allocations.  Any increase or decrease in funding for the sex 
offender treatment fund must be allocated proportionately among 
counties.  
    (e) For the second and subsequent years of the treatment 
fund, a reduction in the special projects base funding and a 
corresponding increase in a county's sex offender treatment fund 
allocation may be made under subdivision 5.  
    (f) Money appropriated specifically for sex offender 
assessments must be allocated to counties based on the number of 
sex offender convictions and delinquency adjudications in the 
county in the previous year.  The money must be used to pay for 
assessments conducted under subdivision 3. 
    Subd. 5.  [SPECIAL PROJECT GRANTS.] The commissioner of 
corrections shall approve grants to counties for special 
projects using the money reserved for special projects under 
subdivision 4, paragraph (c), and any appropriations 
specifically designated for sex offender treatment special 
projects.  Special project grants may be used to develop new sex 
offender treatment services or providers, develop or test new 
treatment methods, educate courts and corrections personnel on 
treatment programs and methods, address special treatment needs 
in a particular county, or provide additional funding to 
counties that demonstrate that their treatment needs cannot be 
met within their formula allocation under subdivision 4.  For 
the first three years of the fund, highest priority for special 
project grants must be given to counties that spent less than 
their allocation under the formula in subdivision 4, paragraph 
(a), during the previous year; demonstrate a significant need to 
increase their spending for sex offender treatment; and submit a 
detailed plan for improving their sex offender treatment 
system.  For these high priority counties, upon successful 
completion of a special project the commissioner shall increase 
that county's base allocation under subdivision 4 for subsequent 
years by the amount of the special project grant or another 
amount determined by the commissioner and agreed to by the 
county as a condition of receiving a special project grant.  The 
base funding level for special projects for the subsequent year 
must be reduced by the amount of the increase in the county's 
base allocation.  After the third year of the treatment fund, 
the commissioner may allocate up to 40 percent of the special 
project grant money to increase the base allocation of treatment 
fund money for those counties that demonstrate the greatest need 
to increase funding for sex offender treatment.  The base 
funding level for special projects must be reduced by the amount 
of the increase in counties' base allocations. 
    Subd. 6.  [COUNTY ADMINISTRATION.] A county may use up to 
five percent of the money allocated to it under subdivision 4 
for administrative costs associated with the sex offender 
treatment fund, including the costs of assessment and referral 
of persons for treatment, state administrative and reporting 
requirements, service development, and other activities directly 
related to sex offender treatment.  Two or more counties may 
undertake any of the activities required under this section as a 
joint action under section 471.59.  Nothing in this section 
requires a county to spend local money or commit local resources 
in addition to state money provided under this section, except 
as provided in subdivision 7. 
    Subd. 7.  [MAINTENANCE OF EFFORT.] As a condition of 
receiving an allocation of money from the sex offender treatment 
fund under this section, a county must agree not to reduce the 
level of funding provided for sex offender treatment below the 
average annual funding level for calendar years 1989, 1990, and 
1991.  
    Subd. 8.  [ELIGIBILITY OF VENDORS.] To be eligible to 
receive payment from the sex offender treatment fund, a vendor 
must be certified by the commissioner of corrections under 
section 241.67, subdivision 2, paragraph (b), and must comply 
with billing and reporting requirements established by the 
commissioner of human services.  A county may become certified 
and approved as a vendor by satisfying the same requirements 
that apply to other vendors. 
    Subd. 9.  [START-UP GRANTS.] Within the limits of 
appropriations made specifically for this purpose, the 
commissioner of corrections shall award grants to counties or 
providers for the initial start-up costs of establishing new 
certified, community-based sex offender treatment programs 
eligible for reimbursement under the sex offender treatment 
fund.  In awarding the grants, the commissioner shall promote a 
statewide system of sex offender treatment programs that will 
provide reasonable geographic access to treatment throughout the 
state. 
    Subd. 10.  [COORDINATION OF FUNDING FOR SEX OFFENDER 
TREATMENT.] The commissioners of corrections and human services 
shall identify all sources of funding for sex offender treatment 
in the state and develop methods of coordinating funding sources.
    Sec. 5.  Minnesota Statutes 1990, section 242.195, 
subdivision 1, is amended to read: 
    Subdivision 1.  [TREATMENT SEX OFFENDER PROGRAMS.] The 
commissioner of corrections shall provide for a range of sex 
offender treatment programs, including intensive sex offender 
treatment programs, for juveniles within state juvenile 
correctional facilities and through purchase of service from 
county and private residential and outpatient juvenile sex 
offender treatment programs.  The commissioner shall establish 
and operate a juvenile sex offender program at one of the state 
juvenile correctional facilities.  
    Sec. 6.  [SEX OFFENDER TREATMENT; PILOT PROGRAM.] 
    The commissioner of corrections, in consultation with the 
commissioner of human services, shall administer a grant to 
create a pilot program to test the effectiveness of 
pharmacological agents, such as antiandrogens, in the treatment 
of sex offenders including psychopathic personalities. 
    Participation in the study must be by volunteers who meet 
defined criteria.  The commissioner of corrections shall report 
to the legislature by February 1, 1993, regarding the 
preliminary results of the study. 
    Sec. 7.  [REPORT ON SEX OFFENDER TREATMENT FUNDING.] 
    By January 1, 1993, the commissioners of corrections and 
human services shall submit a report to the legislature on 
funding for sex offender treatment, including: 
    (1) a summary of the sources and amounts of public and 
private funding for sex offender treatment; 
    (2) a progress report on implementation of sections 4 to 7; 
    (3) methods currently being used to coordinate funding; 
    (4) recommendations on whether other sources of funding 
should be consolidated into the sex offender treatment fund; 
    (5) recommendations regarding medical assistance program 
changes or waivers that will improve the cost-effective use of 
medical assistance funds for sex offender treatment; 
    (6) recommendations on whether start-up grants are needed 
to promote the development of needed sex offender treatment 
vendors, and if so, the amount of money needed for various 
regions, types of vendor, and class of sex offender; 
    (7) an estimate of the amount of money needed to fully fund 
the sex offender treatment fund and information regarding the 
cost of an array of possible options for partial funding, 
including funding options that prioritize treatment needs based 
on the age of the offender, the level of offense, or other 
factors identified by the commissioner; and 
    (8) recommendations for other changes that will improve the 
effectiveness and efficiency of the sex offender treatment 
funding system. 
    Sec. 8.  [EFFECTIVE DATE.] 
    Sections 1 to 7 are effective the day following final 
enactment. 

                               ARTICLE 9 

                          PROCEDURAL PROVISIONS
    Section 1.  Minnesota Statutes 1990, section 631.035, is 
amended to read: 
    631.035 [JOINTLY CHARGED JOINDER OF DEFENDANTS; SEPARATE OR 
JOINT TRIALS.] 
    Subdivision 1.  [JOINDER OF DEFENDANTS.] When Two or more 
defendants are may be jointly charged with a felony, they may be 
tried separately or jointly in the discretion of the court.  In 
making its determination on whether to order joinder or separate 
trials, the court shall consider the nature of the offense 
charged, the impact on the victim, the potential prejudice to 
the defendant, and the interests of justice. and tried if they 
are alleged to have participated in the same act or transaction 
or in the same series of acts or transactions constituting an 
offense.  The defendants may be charged in one or more counts 
and tried together or separately and all of the defendants need 
not be charged in each count.  
    Subd. 2.  [RELIEF FROM PREJUDICIAL JOINDER.] If it appears 
that a defendant is prejudiced by a joinder of defendants in a 
complaint or indictment or by joinder for trial together, the 
court may, upon motion of the defendant or the court's own 
motion, order an election or separate trials of counts, grant a 
severance of defendants, or provide whatever other relief 
justice requires.  In making its determination, the court shall 
consider the impact on the victim.  In ruling on a motion by a 
defendant for severance, the court may order the prosecutor to 
deliver to the court for inspection in camera any statements or 
confessions made by the defendants which the prosecution intends 
to introduce in evidence at the trial. 
    Sec. 2.  [SUPREME COURT BAIL STUDY.] 
    The supreme court is requested to study whether guidelines 
should be adopted in the rules of criminal procedure governing 
the minimum amount of money bail that should be required in 
cases involving persons accused of crimes against the person.  
The supreme court is also requested to study whether the 
constitution and laws of this state should be amended to 
authorize the preventive detention of certain arrested persons 
who are accused of dangerous crimes. 

                               ARTICLE 10

                           VIOLENCE PREVENTION

                              AND EDUCATION
    Section 1.  Minnesota Statutes 1991 Supplement, section 
121.882, subdivision 2, is amended to read: 
    Subd. 2.  [PROGRAM CHARACTERISTICS.] Early childhood family 
education programs are programs for children in the period of 
life from birth to kindergarten, for the parents of such 
children, and for expectant parents.  The programs may include 
the following:  
    (1) programs to educate parents about the physical, mental, 
and emotional development of children; 
    (2) programs to enhance the skills of parents in providing 
for their children's learning and development; 
    (3) learning experiences for children and parents; 
    (4) activities designed to detect children's physical, 
mental, emotional, or behavioral problems that may cause 
learning problems; 
    (5) activities and materials designed to encourage 
self-esteem, skills, and behavior that prevent sexual and other 
interpersonal violence; 
    (6) educational materials which may be borrowed for home 
use; 
    (7) information on related community resources; or 
    (8) programs to prevent child abuse and neglect; or 
    (9) other programs or activities to improve the health, 
development, and learning readiness of children.  
    The programs shall not include activities for children that 
do not require substantial involvement of the children's 
parents.  The programs shall be reviewed periodically to assure 
the instruction and materials are not racially, culturally, or 
sexually biased.  The programs shall encourage parents to be 
aware of practices that may affect equitable development of 
children. 
    Sec. 2.  Minnesota Statutes 1990, section 121.882, is 
amended by adding a subdivision to read: 
    Subd. 2b.  [HOME VISITING PROGRAM.] (a) The commissioner of 
education shall include as part of the early childhood family 
education programs a parent education component to prevent child 
abuse and neglect.  This parent education component must include:
    (1) expanding statewide the home visiting component of the 
early childhood family education programs; 
    (2) training parent educators, child educators, and home 
visitors in the dynamics of child abuse and neglect and positive 
parenting and discipline practices; and 
    (3) developing and distributing education and public 
information materials that promote positive parenting skills and 
prevent child abuse and neglect. 
    (b) The parent education component must: 
    (1) offer to isolated or at-risk families direct visiting 
parent education services that at least address parenting 
skills, a child's development and stages of growth, 
communication skills, managing stress, problem-solving skills, 
positive child discipline practices, methods of improving 
parent-child interactions and enhancing self-esteem, using 
community support services and other resources, and encouraging 
parents to have fun with and enjoy their children; 
    (2) develop a risk assessment tool to determine the 
family's level of risk; 
    (3) establish clear objectives and protocols for home 
visits; 
    (4) determine the frequency and duration of home visits 
based on a risk-need assessment of the client, with home visits 
beginning in the second trimester of pregnancy and continuing, 
based on client need, until a child is six years old; 
    (5) encourage families to make a transition from home 
visits to site-based parenting programs to build a family 
support network and reduce the effects of isolation; 
    (6) develop and distribute education materials on 
preventing child abuse and neglect that may be used in home 
visiting programs and parent education classes and distributed 
to the public; 
    (7) provide at least 40 hours of training for parent 
educators, child educators, and home visitors that covers the 
dynamics of child abuse and neglect, domestic violence and 
victimization within family systems, signs of abuse or other 
indications that a child may be at risk of being abused or 
neglected, what child abuse and neglect are, how to properly 
report cases of child abuse and neglect, respect for cultural 
preferences in child rearing, what community resources, social 
service agencies, and family support activities and programs are 
available, child development and growth, parenting skills, 
positive child discipline practices, identifying stress factors 
and techniques for reducing stress, home visiting techniques, 
and risk assessment measures; 
    (8) provide program services that are community-based, 
accessible, and culturally relevant; and 
    (9) foster collaboration among existing agencies and 
community-based organizations that serve young children and 
their families. 
    (c) Home visitors should reflect the demographic 
composition of the community the home visitor is serving to the 
extent possible. 
    Sec. 3.  Minnesota Statutes 1991 Supplement, section 
124A.29, subdivision 1, as amended by H.F. 2121, article 1, 
section 18, is amended to read: 
    Subdivision 1.  [STAFF DEVELOPMENT, AND VIOLENCE PREVENTION 
PARENTAL INVOLVEMENT PROGRAMS.] (a) Of a district's basic 
revenue under section 124A.22, subdivision 2, an amount equal to 
$15 times the number of actual pupil units shall be reserved and 
may be used only to provide staff time for in-service education 
for violence prevention programs under section 126.77, 
subdivision 2, or staff development programs, including 
outcome-based education, under section 126.70, subdivisions 1 
and 2a.  The school board shall determine the staff development 
activities to provide, the manner in which they will be 
provided, and the extent to which other local funds may be used 
to supplement staff development activities. 
    (b) Of a district's basic revenue under section 124A.22, 
subdivision 2, an amount equal to $5 times the number of actual 
pupil units must be reserved and may be used only to provide 
parental involvement programs that implement section 124C.61.  A 
district may use up to $1 of the $5 times the number of actual 
pupil units for promoting parental involvement in the PER 
process. 
    Sec. 4.  Minnesota Statutes 1991 Supplement, section 
126.70, subdivision 1, as amended by H.F. 2121, article 1, 
section 19, is amended to read: 
    Subdivision 1.  [ELIGIBILITY FOR REVENUE.] A school board 
may use the revenue authorized in section 124A.29 for in-service 
education for violence prevention programs under section 126.77, 
subdivision 2, or if it establishes a staff development advisory 
committee and adopts a staff development plan under this 
subdivision.  A majority of the advisory committee must be 
teachers representing various grade levels and subject areas.  
The advisory committee must also include parents and 
administrators.  The advisory committee shall develop a staff 
development plan that includes related expenditures and shall 
submit the plan to the school board.  If the school board 
approves the plan, the district may use the staff development 
revenue authorized in section 124A.29.  Districts must submit 
approved plans to the commissioner. 
    Sec. 5.  Minnesota Statutes 1991 Supplement, section 
126.70, subdivision 2a, is amended to read: 
    Subd. 2a.  [PERMITTED USES.] A school board may approve a 
plan to accomplish any of the following purposes: 
    (1) foster readiness for outcome-based education by 
increasing knowledge and understanding of and commitment to 
outcome-based education; 
    (2) facilitate organizational changes by enabling a 
site-based team composed of pupils, parents, school personnel, 
and community members to address pupils' needs through 
outcome-based education; 
    (3) develop programs to increase pupils' educational 
progress by developing appropriate outcomes and personal 
learning plans and by encouraging pupils and their parents to 
assume responsibility for their education; 
    (4) design and develop outcome-based education programs 
containing various instructional opportunities that recognize 
pupils' individual needs and utilize family and community 
resources; 
    (5) evaluate the effectiveness of outcome-based education 
policies, processes, and products through appropriate evaluation 
procedures that include multiple criteria and indicators; and 
    (6) provide staff time for peer review of probationary, 
continuing contract, and nonprobationary teachers; 
    (7) train elementary and secondary staff to help students 
learn to resolve conflicts in effective, nonviolent ways; and 
    (8) encourage staff to teach and model violence prevention 
policy and curricula that address issues of sexual and racial 
harassment. 
    Sec. 6.  [126.77] [VIOLENCE PREVENTION EDUCATION.] 
    Subdivision 1.  [VIOLENCE PREVENTION CURRICULUM.] (a) The 
commissioner of education, in consultation with the 
commissioners of health and human services, state minority 
councils, battered women's programs, 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, and sexual, racial, and cultural harassment 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 ECSUs; 
    (7) targeting early adolescents for prevention efforts, 
especially early adolescents whose personal circumstances may 
lead to violent or harassing behavior; and 
    (8) administrative policies that reflect, and a staff that 
models, nonviolent behaviors that do not display or condone 
sexual, racial, or cultural harassment. 
    (c) The department may provide assistance at a neutral site 
to a nonpublic school participating in a district's program. 
    Subd. 2.  [IN-SERVICE TRAINING.] Each district is 
encouraged to provide training for district staff and school 
board members to help students identify violence in the family 
and the community so that students may learn to resolve 
conflicts in effective, nonviolent ways.  The in-service 
training must be ongoing and involve experts familiar with 
domestic violence and personal safety issues. 
    Subd. 3.  [FUNDING SOURCES.] Districts may accept funds 
from public and private sources for violence prevention programs 
developed and implemented under this section. 
    Sec. 7.  Minnesota Statutes 1990, section 127.46, is 
amended to read: 
    127.46 [SEXUAL HARASSMENT AND VIOLENCE POLICY.] 
    Each school board shall adopt a written sexual harassment 
and sexual violence policy that conforms with sections 363.01 to 
363.15.  The policy shall apply to pupils, teachers, 
administrators, and other school personnel, include reporting 
procedures, and set forth disciplinary actions that will be 
taken for violation of the policy.  Disciplinary actions must 
conform with collective bargaining agreements and sections 
127.27 to 127.39.  The policy must be conspicuously posted in 
throughout each school building and included in each school's 
student handbook on school policies.  Each school must develop a 
process for discussing the school's sexual harassment and 
violence policy with students and school employees. 
    Sec. 8.  [145.9265] [FETAL ALCOHOL SYNDROME AND EFFECTS AND 
DRUG-EXPOSED INFANT PREVENTION.] 
    The commissioner of health, in coordination with the 
commissioner of education and the commissioner of human 
services, shall design and implement a coordinated prevention 
effort to reduce the rates of fetal alcohol syndrome and fetal 
alcohol effects, and reduce the number of drug-exposed infants.  
The commissioner shall: 
    (1) conduct research to determine the most effective 
methods of preventing fetal alcohol syndrome, fetal alcohol 
effects, and drug-exposed infants and to determine the best 
methods for collecting information on the incidence and 
prevalence of these problems in Minnesota; 
    (2) provide training on effective prevention methods to 
health care professionals and human services workers; and 
    (3) operate a statewide media campaign focused on reducing 
the incidence of fetal alcohol syndrome and fetal alcohol 
effects, and reducing the number of drug-exposed infants. 
    Sec. 9.  [145A.15] [HOME VISITING PROGRAM.] 
    Subdivision 1.  [ESTABLISHMENT.] The commissioner of health 
shall establish a grant program designed to prevent child abuse 
and neglect by providing early intervention services for 
families at risk of child abuse and neglect.  The grant program 
will include: 
    (1) expansion of current public health nurse and family 
aide home visiting programs; 
    (2) distribution of educational and public information 
programs and materials in hospital maternity divisions, 
well-baby clinics, obstetrical clinics, and community clinics; 
and 
    (3) training of home visitors. 
    Subd. 2.  [GRANT RECIPIENTS.] The commissioner is 
authorized to award grants to programs that meet the 
requirements of subdivision 3 and that are targeted to at-risk 
families.  Families considered to be at-risk for child abuse and 
neglect include, but are not limited to, families with: 
    (1) adolescent parents; 
    (2) a history of alcohol and other drug abuse; 
    (3) a history of child abuse, domestic abuse, or other 
dysfunction in the family of origin; 
    (4) a history of domestic abuse, rape, or other forms of 
victimization; 
    (5) reduced cognitive functioning; 
    (6) a lack of knowledge of child growth and development 
stages; or 
    (7) difficulty dealing with stress, including stress caused 
by discrimination, mental illness, a high incidence of crime or 
poverty in the neighborhood, unemployment, divorce, and lack of 
basic needs, often found in conjunction with a pattern of family 
isolation. 
    Subd. 3.  [PROGRAM REQUIREMENTS.] (a) The commissioner 
shall award grants, using a request for proposal system, to 
programs designed to: 
    (1) develop a risk assessment tool and offer direct home 
visiting services to at-risk families including, but not limited 
to, education on:  parenting skills, child development and 
stages of growth, communication skills, stress management, 
problem-solving skills, positive child discipline practices, 
methods to improve parent-child interactions and enhance 
self-esteem, community support services and other resources, and 
how to enjoy and have fun with your children; 
    (2) establish clear objectives and protocols for the home 
visits; 
    (3) determine the frequency and duration of home visits 
based on a risk-need assessment of the client; except that home 
visits shall begin in the second trimester of pregnancy and 
continue based on the need of the client until the child reaches 
age six; 
    (4) develop and distribute educational resource materials 
and offer presentations on the prevention of child abuse and 
neglect for use in hospital maternity divisions, well-baby 
clinics, obstetrical clinics, and community clinics; and 
    (5) coordinate with other local home visitation programs, 
particularly those offered by school boards under section 
121.882, subdivision 2b, so as to avoid duplication. 
    (b) Programs must provide at least 40 hours of training for 
public health nurses, family aides, and other home visitors.  
Training must include information on the following: 
    (1) the dynamics of child abuse and neglect, domestic 
violence, and victimization within family systems; 
    (2) signs of abuse or other indications that a child may be 
at risk of abuse or neglect; 
    (3) what is child abuse and neglect; 
    (4) how to properly report cases of child abuse and 
neglect; 
    (5) respect for cultural preferences in child rearing; 
    (6) community resources, social service agencies, and 
family support activities or programs; 
    (7) child development and growth; 
    (8) parenting skills; 
    (9) positive child discipline practices; 
    (10) identification of stress factors and stress reduction 
techniques; 
    (11) home visiting techniques; and 
    (12) risk assessment measures. 
    Program services must be community-based, accessible, and 
culturally relevant and must be designed to foster collaboration 
among existing agencies and community-based organizations. 
    Subd. 4.  [EVALUATION.] Each program that receives a grant 
under this section must include a plan for program evaluation 
designed to measure the effectiveness of the program in 
preventing child abuse and neglect.  On January 1, 1994, and 
annually thereafter, the commissioner of health shall submit a 
report to the legislature on all activities initiated in the 
prior biennium under this section.  The report shall include 
information on the outcomes reported by all programs that 
received grant funds under this section in that biennium. 
    Sec. 10.  Minnesota Statutes 1991 Supplement, section 
245.484, is amended to read: 
    245.484 [RULES.] 
    The commissioner shall adopt emergency rules to govern 
implementation of case management services for eligible children 
in section 245.4881 and professional home-based family treatment 
services for medical assistance eligible children, in section 
245.4884, subdivision 3, by January 1, 1992, and must adopt 
permanent rules by January 1, 1993. 
    The commissioner shall adopt permanent rules as necessary 
to carry out sections 245.461 to 245.486 and 245.487 to 
245.4888.  The commissioner shall reassign agency staff as 
necessary to meet this deadline. 
    By January 1, 1993, the commissioner shall adopt permanent 
rules specifying program requirements for family community 
support services. 
    Sec. 11.  Minnesota Statutes 1990, section 245.4871, is 
amended by adding a subdivision to read: 
    Subd. 9a.  [CRISIS ASSISTANCE.] "Crisis assistance" means 
assistance to the child, family, and the child's school in 
recognizing and resolving a mental health crisis.  It shall 
include, at a minimum, working with the child, family, and 
school to develop a crisis assistance plan.  Crisis assistance 
does not include services designed to secure the safety of a 
child who is at risk of abuse or neglect or necessary emergency 
services. 
    Sec. 12.  Minnesota Statutes 1991 Supplement, section 
245.4884, subdivision 1, is amended to read: 
    Subdivision 1.  [AVAILABILITY OF FAMILY COMMUNITY SUPPORT 
SERVICES.] By July 1, 1991, county boards must provide or 
contract for sufficient family community support services within 
the county to meet the needs of each child with severe emotional 
disturbance who resides in the county and the child's family.  
Children or their parents may be required to pay a fee in 
accordance with section 245.481.  
     Family community support services must be designed to 
improve the ability of children with severe emotional 
disturbance to:  
     (1) manage basic activities of daily living; 
     (2) function appropriately in home, school, and community 
settings; 
     (3) participate in leisure time or community youth 
activities; 
     (4) set goals and plans; 
     (5) reside with the family in the community; 
     (6) participate in after-school and summer activities; 
     (7) make a smooth transition among mental health and 
education services provided to children; and 
     (8) make a smooth transition into the adult mental health 
system as appropriate.  
     In addition, family community support services must be 
designed to improve overall family functioning if clinically 
appropriate to the child's needs, and to reduce the need for and 
use of placements more intensive, costly, or restrictive both in 
the number of admissions and lengths of stay than indicated by 
the child's diagnostic assessment.  
    The commissioner of human services shall work with mental 
health professionals to develop standards for clinical 
supervision of family community support services.  These 
standards shall be incorporated in rule and in guidelines for 
grants for family community support services. 
    Sec. 13.  Minnesota Statutes 1990, section 254A.14, is 
amended by adding a subdivision to read: 
    Subd. 3.  [GRANTS FOR TREATMENT OF HIGH-RISK YOUTH.] The 
commissioner of human services shall award grants on a pilot 
project basis to develop culturally specific chemical dependency 
treatment programs for minority and other high-risk youth, 
including those enrolled in area learning centers, those 
presently in residential chemical dependency treatment, and 
youth currently under commitment to the commissioner of 
corrections or detained under chapter 260.  Proposals submitted 
under this section shall include an outline of the treatment 
program components, a description of the target population to be 
served, and a protocol for evaluating the program outcomes. 
    Sec. 14.  Minnesota Statutes 1990, section 254A.17, 
subdivision 1, is amended to read: 
    Subdivision 1.  [MATERNAL AND CHILD SERVICE PROGRAMS.] (a) 
The commissioner shall fund maternal and child health and social 
service programs designed to improve the health and functioning 
of children born to mothers using alcohol and controlled 
substances.  Comprehensive programs shall include immediate and 
ongoing intervention, treatment, and coordination of medical, 
educational, and social services through a child's preschool 
years.  Programs shall also include research and evaluation to 
identify methods most effective in improving outcomes among this 
high-risk population.  
    (b) The commissioner of human services shall develop models 
for the treatment of children ages 6 to 12 who are in need of 
chemical dependency treatment.  The commissioner shall fund at 
least two pilot projects with qualified providers to provide 
nonresidential treatment for children in this age group.  Model 
programs must include a component to monitor and evaluate 
treatment outcomes. 
    Sec. 15.  Minnesota Statutes 1990, section 254A.17, is 
amended by adding a subdivision to read: 
    Subd. 1a.  [PROGRAMS FOR PREGNANT WOMEN AND WOMEN WITH 
CHILDREN.] Within the limits of funds available, the 
commissioner of human services shall fund programs providing 
specialized chemical dependency treatment for pregnant women and 
women with children.  The programs shall provide prenatal care, 
child care, housing assistance, and other services needed to 
ensure successful treatment. 
    Sec. 16.  [256.486] [ASIAN JUVENILE CRIME PREVENTION GRANT 
PROGRAM.] 
    Subdivision 1.  [GRANT PROGRAM.] The commissioner of human 
services shall establish a grant program for coordinated, 
family-based crime prevention services for Asian youth.  The 
commissioners of human services, education, and public safety 
shall work together to coordinate grant activities. 
    Subd. 2.  [GRANT RECIPIENTS.] The commissioner shall award 
grants in amounts up to $150,000 to agencies based in the Asian 
community that have experience providing coordinated, 
family-based community services to Asian youth and families. 
    Subd. 3.  [PROJECT DESIGN.] Projects eligible for grants 
under this section must provide coordinated crime prevention and 
educational services that include: 
    (1) education for Asian parents, including parenting 
methods in the United States and information about the United 
States legal and educational systems; 
    (2) crime prevention programs for Asian youth, including 
employment and career-related programs and guidance and 
counseling services; 
    (3) family-based services, including support networks, 
language classes, programs to promote parent-child 
communication, access to education and career resources, and 
conferences for Asian children and parents; 
    (4) coordination with public and private agencies to 
improve communication between the Asian community and the 
community at large; and 
    (5) hiring staff to implement the services in clauses (1) 
to (4). 
    Subd. 4.  [USE OF GRANT MONEY TO MATCH FEDERAL 
FUNDS.] Grant money awarded under this section may be used to 
satisfy any state or local match requirement that must be 
satisfied in order to receive federal funds. 
    Subd. 5.  [ANNUAL REPORT.] Grant recipients must report to 
the commissioner by June 30 of each year on the services and 
programs provided, expenditures of grant money, and an 
evaluation of the program's success in reducing crime among 
Asian youth. 
    Sec. 17.  [256F.09] [GRANTS FOR CHILDREN'S SAFETY CENTERS.] 
    Subdivision 1.  [PURPOSE.] The commissioner shall issue a 
request for proposals from existing local nonprofit, 
nongovernmental organizations, to use existing local facilities 
as pilot children's safety centers.  The commissioner shall 
award grants in amounts up to $50,000 for the purpose of 
creating children's safety centers to reduce children's 
vulnerability to violence and trauma related to family 
visitation, where there has been a history of domestic violence 
or abuse within the family.  At least one of the pilot projects 
shall be located in the seven-county metropolitan area and at 
least one of the projects shall be located outside the 
seven-county metropolitan area, and the commissioner shall award 
the grants to provide the greatest possible number of safety 
centers and to locate them to provide for the broadest possible 
geographic distribution of the centers throughout the state.  
    Each children's safety center must use existing local 
facilities to provide a healthy interactive environment for 
parents who are separated or divorced and for parents with 
children in foster homes to visit with their children.  The 
centers must be available for use by district courts who may 
order visitation to occur at a safety center.  The centers may 
also be used as drop-off sites, so that parents who are under 
court order to have no contact with each other can exchange 
children for visitation at a neutral site.  Each center must 
provide sufficient security to ensure a safe visitation 
environment for children and their parents.  A grantee must 
demonstrate the ability to provide a local match, which may 
include in-kind contributions. 
    Subd. 2.  [PRIORITIES.] In awarding grants under the 
program, the commissioner shall give priority to: 
    (1) areas of the state where no children's safety center or 
similar facility exists; 
    (2) applicants who demonstrate that private funding for the 
center is available and will continue; and 
    (3) facilities that are adapted for use to care for 
children, such as day care centers, religious institutions, 
community centers, schools, technical colleges, parenting 
resource centers, and child care referral services. 
    Subd. 3.  [ADDITIONAL SERVICES.] Each 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. 
    Subd. 4.  [REPORT.] The commissioner shall evaluate the 
operation of the pilot children's safety centers and report to 
the legislature by February 1, 1994, with recommendations. 
    Sec. 18.  [256.995] [SCHOOL-LINKED SERVICES FOR AT-RISK 
CHILDREN AND YOUTH.] 
    Subdivision 1.  [PROGRAM ESTABLISHED.] In order to enhance 
the delivery of needed services to at-risk children and youth 
and maximize federal funds available for that purpose, the 
commissioners of human services and education shall design a 
statewide program of collaboration between providers of health 
and social services for children and local school districts, to 
be financed, to the greatest extent possible, from federal 
sources.  The commissioners of health and public safety shall 
assist the commissioners of human services and education in 
designing the program. 
    Subd. 2.  [AT-RISK CHILDREN AND YOUTH.] The program shall 
target at-risk children and youth, defined as individuals, 
whether or not enrolled in school, who are under 21 years of age 
and who: 
    (1) are school dropouts; 
    (2) have failed in school; 
    (3) have become pregnant; 
    (4) are economically disadvantaged; 
    (5) are children of drug or alcohol abusers; 
    (6) are victims of physical, sexual, or psychological 
abuse; 
    (7) have committed a violent or delinquent act; 
    (8) have experienced mental health problems; 
    (9) have attempted suicide; 
    (10) have experienced long-term physical pain due to 
injury; 
    (11) are at risk of becoming or have become drug or alcohol 
abusers or chemically dependent; 
    (12) have experienced homelessness; 
    (13) have been excluded or expelled from school under 
sections 127.26 to 127.39; or 
    (14) have been adjudicated children in need of protection 
or services. 
    Subd. 3.  [SERVICES.] The program must be designed not to 
duplicate existing programs, but to enable schools to 
collaborate with county social service agencies and county 
health boards and with local public and private providers to 
assure that at-risk children and youth receive health care, 
mental health services, family drug and alcohol counseling, and 
needed social services.  Screenings and referrals under this 
program shall not duplicate screenings under section 123.702. 
    Subd. 4.  [FUNDING.] The program must be designed to take 
advantage of available federal funding, including the following: 
    (1) child welfare funds under United States Code, title 42, 
sections 620-628 (1988) and United States Code, title 42, 
sections 651-669 (1988); 
    (2) funds available for health care and health care 
screening under medical assistance, United States Code, title 
42, section 1396 (1988); 
    (3) social services funds available under United States 
Code, title 42, section 1397 (1988); 
    (4) children's day care funds available under federal 
transition year child care, the Family Support Act, Public Law 
Number 100-485; federal at-risk child care program, Public Law 
Number 101-5081; and federal child care and development block 
grant, Public Law Number 101-5082; and 
    (5) funds available for fighting drug abuse and chemical 
dependency in children and youth, including the following: 
    (i) funds received by the office of drug policy under the 
federal Anti-Drug Abuse Act and other federal programs; 
    (ii) funds received by the commissioner of human services 
under the federal alcohol, drug abuse, and mental health block 
grant; and 
    (iii) funds received by the commissioner of human services 
under the drug-free schools and communities act. 
    Subd. 5.  [WAIVERS.] The commissioner of human services 
shall collaborate with the commissioners of education, health, 
and public safety to seek the federal waivers necessary to 
secure federal funds for implementing the statewide school-based 
program mandated by this section.  Each commissioner shall amend 
the state plans for programs specified in subdivision 3, to the 
extent necessary to ensure the availability of federal funds for 
the school-based program. 
    Subd. 6.  [PILOT PROJECTS.] Within 90 days of receiving the 
necessary federal waivers, the commissioners of human services 
and education shall implement at least two pilot programs that 
link health and social services in the schools.  One program 
shall be located in a school district in the seven-county 
metropolitan area.  The other program shall be located in a 
greater Minnesota school district.  The commissioner of human 
services, in collaboration with the commissioner of education, 
shall select the pilot programs on a request for proposal 
basis.  The commissioners shall give priority to school 
districts with some expertise in collocating services for 
at-risk children and youth.  Programs funded under this 
subdivision must: 
    (1) involve a plan for collaboration between a school 
district and at least two local social service or health care 
agencies to provide services for which federal funds are 
available to at-risk children or youth; 
    (2) include parents or guardians in program planning and 
implementation; 
    (3) contain a community outreach component; and 
    (4) include protocol for evaluating the program. 
    Subd. 7.  [REPORT.] The commissioners of human services and 
education shall report to the legislature by January 15, 1993, 
on the design and status of the statewide program for 
school-linked services.  The report shall include the following: 
    (1) a complete program design for assuring the 
implementation of health and human services for children within 
school districts statewide; 
    (2) a statewide funding plan based on the use of federal 
funds, including federal funds available only through waiver; 
    (3) copies of the waiver requests and information on the 
status of requests for federal approval; 
    (4) status of the pilot program development; and 
    (5) recommendations for statewide implementation of the 
school-linked services program. 
    Sec. 19.  [260.152] [MENTAL HEALTH SCREENING OF JUVENILES 
IN DETENTION.] 
    Subdivision 1.  [ESTABLISHMENT.] The commissioner of human 
services, in cooperation with the commissioner of corrections, 
shall establish pilot projects in counties to reduce the 
recidivism rates of juvenile offenders, by identifying and 
treating underlying mental health problems that contribute to 
delinquent behavior and can be addressed through nonresidential 
services.  At least one of the pilot projects must be in the 
seven-county metropolitan area and at least one must be in 
greater Minnesota. 
    Subd. 2.  [PROGRAM COMPONENTS.] The commissioner of human 
services shall, in consultation with the Indian affairs council, 
the council on affairs of Spanish-speaking people, the council 
on Black Minnesotans, and the council on Asian-Pacific 
Minnesotans, provide grants to the counties for the pilot 
projects.  The projects shall build upon the existing service 
capabilities in the community and must include: 
    (1) screening for mental health problems of all juveniles 
admitted before adjudication to a secure detention facility as 
defined in section 260.015, subdivision 16, and any juvenile 
alleged to be delinquent as that term is defined in section 
260.015, subdivision 5, who is admitted to a shelter care 
facility, as defined in section 260.015, subdivision 17; 
    (2) referral for mental health assessment of all juveniles 
for whom the screening indicates a need.  This assessment is to 
be provided by the appropriate mental health professional.  If 
the juvenile is of a minority race or minority ethnic heritage, 
the mental health professional must be skilled in and 
knowledgeable about the juvenile's racial and ethnic heritage, 
or must consult with a special mental health consultant who has 
such knowledge so that the assessment is relevant, culturally 
specific, and sensitive to the juvenile's cultural needs; and 
    (3) upon completion of the assessment, access to or 
provision of nonresidential mental health services identified as 
needed in the assessment. 
    Subd. 3.  [SCREENING TOOL.] The commissioner of human 
services and the commissioner of corrections shall jointly 
develop a model screening tool to screen juveniles held in 
juvenile detention to determine if a mental health assessment is 
needed.  This tool must contain specific questions to identify 
potential mental health problems.  In implementing a pilot 
project, a county must either use this model tool or another 
screening tool approved by the commissioner of human services 
which meets the requirements of this section. 
    Subd. 4.  [PROGRAM REQUIREMENTS.] To receive funds, the 
county program proposal shall be a joint proposal with all 
affected local agencies, resulting in part from consultation 
with the local coordinating council established under section 
245.4873, subdivision 3, and the local mental health advisory 
council established under section 245.4875, subdivision 5, and 
shall contain the following: 
    (1) evidence of interagency collaboration by all publicly 
funded agencies serving juveniles with emotional disturbances, 
including evidence of consultation with the agencies listed in 
this section; 
    (2) a signed agreement by the local court services and 
local mental health and county social service agencies to work 
together on the following:  development of a program; 
development of written interagency agreements and protocols to 
ensure that the mental health needs of juvenile offenders are 
identified, addressed, and treated; and development of a 
procedure for joint evaluation of the program; 
    (3) a description of existing services that will be used in 
this program; 
    (4) a description of additional services that will be 
developed with program funds, including estimated costs and 
numbers of juveniles to be served; and 
    (5) assurances that funds received by a county under this 
section will not be used to supplant existing mental health 
funding for which the juvenile is eligible. 
    The commissioner of human services and the commissioner of 
corrections shall jointly determine the application form, 
information needed, deadline for application, criteria for 
awards, and a process for providing technical assistance and 
training to counties.  The technical assistance shall include 
information about programs that have been successful in reducing 
recidivism by juvenile offenders. 
    Subd. 5.  [INTERAGENCY AGREEMENTS.] To receive funds, the 
county must agree to develop written interagency agreements 
between local court services agencies and local county mental 
health agencies within six months of receiving the initial 
program funds.  These agreements shall include a description of 
each local agency's responsibilities, with a detailed assignment 
of the tasks necessary to implement the program.  The agreement 
shall state how they will comply with the confidentiality 
requirements of the participating local agencies. 
    Subd. 6.  [EVALUATION.] The commissioner of human services 
and the commissioner of corrections shall, in consultation with 
the Indian affairs council, the council on affairs of 
Spanish-speaking people, the council on Black Minnesotans, and 
the council on Asian-Pacific Minnesotans, develop systems and 
procedures for evaluating the pilot projects.  The departments 
must develop an interagency management information system to 
track juveniles who receive mental health and chemical 
dependency services.  The system must be designed to meet the 
information needs of the agencies involved and to provide a 
basis for evaluating outcome data.  The system must be designed 
to track the mental health treatment of juveniles released from 
custody and to improve the planning, delivery, and evaluation of 
services and increase interagency collaboration.  The evaluation 
protocol must be designed to measure the impact of the program 
on juvenile recidivism, school performance, and state and county 
budgets. 
    Subd. 7.  [REPORT.] On January 1, 1994, and annually after 
that, the commissioner of corrections and the commissioner of 
human services shall present a joint report to the legislature 
on the pilot projects funded under this section.  The report 
shall include information on the following: 
    (1) the number of juvenile offenders screened and assessed; 
    (2) the number of juveniles referred for mental health 
services, the types of services provided, and the costs; 
    (3) the number of subsequently adjudicated juveniles that 
received mental health services under this program; and 
    (4) the estimated cost savings of the program and the 
impact on crime. 
    Sec. 20.  Minnesota Statutes 1991 Supplement, section 
299A.30, is amended to read: 
    299A.30 [OFFICE OF DRUG POLICY AND VIOLENCE PREVENTION.] 
    Subdivision 1.  [OFFICE; ASSISTANT COMMISSIONER.] The 
office of drug policy and violence prevention is an office in 
the department of public safety headed by an assistant 
commissioner appointed by the commissioner to serve in the 
unclassified service.  The assistant commissioner may appoint 
other employees.  The assistant commissioner shall coordinate 
the violence prevention activities and the prevention and supply 
reduction activities of state and local agencies and provide one 
professional staff member to assist on a full-time basis the 
work of the chemical abuse prevention resource council. 
    Subd. 2.  [DUTIES.] (a) The assistant commissioner shall: 
    (1) gather, develop, and make available throughout the 
state information and educational materials on preventing and 
reducing violence in the family and in the community, both 
directly and by serving as a clearinghouse for information and 
educational materials from schools, state and local agencies, 
community service providers, and local organizations; 
    (2) foster collaboration among schools, state and local 
agencies, community service providers, and local organizations 
that assist in violence intervention or prevention; 
    (3) assist schools, state and local agencies, service 
providers, and organizations, on request, with training and 
other programs designed to educate individuals about violence 
and reinforce values that contribute to ending violence; 
    (4) after consulting with all state agencies involved in 
preventing or reducing violence within the family or community, 
develop a statewide strategy for preventing and reducing 
violence that encompasses the efforts of those agencies and 
takes into account all money available for preventing or 
reducing violence from any source; 
    (5) submit the strategy to the governor and the legislature 
by January 15 of each calendar year, along with a summary of 
activities occurring during the previous year to prevent or 
reduce violence experienced by children, young people, and their 
families; and 
    (6) assist appropriate professional and occupational 
organizations, including organizations of law enforcement 
officers, prosecutors, and educators, in developing and 
operating informational and training programs to improve the 
effectiveness of activities to prevent or reduce violence within 
the family or community. 
    (b) The assistant commissioner shall gather and make 
available information on prevention and supply reduction 
activities throughout the state, foster cooperation among 
involved state and local agencies, and assist agencies and 
public officials in training and other programs designed to 
improve the effectiveness of prevention and supply reduction 
activities. 
    (b) (c) The assistant commissioner shall coordinate the 
distribution of funds received by the state of Minnesota through 
the federal Anti-Drug Abuse Act.  The assistant commissioner 
shall recommend to the commissioner recipients of grants under 
sections 299A.33 and 299A.34, after consultation with the 
chemical abuse prevention resource council. 
    (c) (d) The assistant commissioner shall: 
    (1) after consultation with all state agencies involved in 
prevention or supply reduction activities, develop a state 
chemical abuse and dependency strategy encompassing the efforts 
of those agencies and taking into account all money available 
for prevention and supply reduction activities, from any source; 
    (2) submit the strategy to the governor and the legislature 
by January 15 of each year, along with a summary of prevention 
and supply reduction activities during the preceding calendar 
year; 
    (3) assist appropriate professional and occupational 
organizations, including organizations of law enforcement 
officers, prosecutors, and educators, in developing and 
operating informational and training programs to improve the 
effectiveness of prevention and supply reduction activities; 
    (4) provide information, including information on drug 
trends, and assistance to state and local agencies, both 
directly and by functioning as a clearinghouse for information 
from other agencies; 
    (5) facilitate cooperation among drug program agencies; and 
    (6) in coordination with the chemical abuse prevention 
resource council, review, approve, and coordinate the 
administration of prevention, criminal justice, and treatment 
grants. 
    Sec. 21.  Minnesota Statutes 1991 Supplement, section 
299A.31, subdivision 1, is amended to read: 
    Subdivision 1.  [ESTABLISHMENT; MEMBERSHIP.] A chemical 
abuse prevention resource council consisting of 17 19 members is 
established.  The commissioners of public safety, education, 
health, corrections, and human services, the director of the 
office of strategic and long-range planning, and the attorney 
general shall each appoint one member from among their 
employees.  The speaker of the house of representatives and the 
subcommittee on committees of the senate shall each appoint a 
legislative member.  The governor shall appoint an additional 
ten members who shall represent the demographic and geographic 
composition of the state and, to the extent possible, shall 
represent the following:  public health; education including 
preschool, elementary, and higher education; social services; 
financial aid services; chemical dependency treatment; law 
enforcement; prosecution; defense; the judiciary; corrections; 
treatment research professionals; drug abuse prevention 
professionals; the business sector; religious leaders; 
representatives of racial and ethnic minority communities; and 
other community representatives.  The members shall designate 
one of the governor's appointees as chair of the council.  
Compensation and removal of members are governed by section 
15.059.  
    Sec. 22.  Minnesota Statutes 1991 Supplement, section 
299A.32, subdivision 2, is amended to read: 
    Subd. 2.  [SPECIFIC DUTIES AND RESPONSIBILITIES.] In 
furtherance of the general purpose specified in subdivision 1, 
the council shall: 
    (1) assist state agencies in the coordination of drug 
policies and programs and in the provision of services to other 
units of government, communities, and citizens; 
    (2) promote among state agencies policies to achieve 
uniformity in state and federal grant programs and to streamline 
those programs; 
    (3) oversee comprehensive data collection and research and 
evaluation of alcohol and drug program activities; 
    (4) seek the advice and counsel of appropriate interest 
groups and advise the assistant commissioner of the office of 
drug policy and violence prevention; 
    (5) seek additional private funding for community-based 
programs and research and evaluation; 
    (6) evaluate whether law enforcement narcotics task forces 
should be reduced in number and increased in geographic size, 
and whether new sources of funding are available for the task 
forces; 
    (7) continue to promote clarity of roles among federal, 
state, and local law enforcement activities; and 
    (8) establish criteria to evaluate law enforcement drug 
programs. 
    Sec. 23.  Minnesota Statutes 1991 Supplement, section 
299A.32, subdivision 2a, is amended to read: 
    Subd. 2a.  [GRANT PROGRAMS.] The council shall, in 
coordination with the assistant commissioner of the office of 
drug policy and violence prevention, review and approve state 
agency plans regarding the use of federal funds for programs to 
reduce chemical abuse or reduce the supply of controlled 
substances.  The appropriate state agencies would have 
responsibility for management of state and federal drug grant 
programs. 
    Sec. 24.  [299A.325] [STATE CHEMICAL HEALTH INDEX MODEL.] 
    The assistant commissioner of the office of drug policy and 
violence prevention and the chemical abuse prevention resource 
council shall develop and test a chemical health index model to 
help assess the state's chemical health and coordinate state 
policy and programs relating to chemical abuse prevention and 
treatment.  The chemical health index model shall assess a 
variety of factors known to affect the use and abuse of 
chemicals in different parts of the state including, but not 
limited to, demographic factors, risk factors, health care 
utilization, drug-related crime, productivity, resource 
availability, and overall health. 
    Sec. 25.  Minnesota Statutes 1991 Supplement, section 
299A.36, is amended to read: 
    299A.36 [OTHER DUTIES.] 
    The assistant commissioner assigned to the office of drug 
policy and violence prevention, in consultation with the 
chemical abuse prevention resource council, shall: 
    (1) provide information and assistance upon request to 
school preassessment teams established under section 126.034 and 
school and community advisory teams established under section 
126.035; 
    (2) provide information and assistance upon request to the 
state board of pharmacy with respect to the board's enforcement 
of chapter 152; 
    (3) cooperate with and provide information and assistance 
upon request to the alcohol and other drug abuse section in the 
department of human services; 
    (4) assist in coordinating the policy of the office with 
that of the narcotic enforcement unit in the bureau of criminal 
apprehension; and 
    (5) coordinate the activities of the regional drug task 
forces, provide assistance and information to them upon request, 
and assist in the formation of task forces in areas of the state 
in which no task force operates. 
    Sec. 26.  [STUDY; DEPARTMENT OF CORRECTIONS.] 
    The commissioner of corrections, in collaboration with the 
commissioner of human services and the assistant commissioner of 
the office of drug policy and violence prevention, shall conduct 
a comprehensive study of the availability and quality of 
appropriate treatment programs within the criminal or juvenile 
justice system for adult and juvenile offenders who are 
chemically dependent or abuse chemicals.  In particular, the 
commissioner shall investigate the extent to which the lack of 
culturally oriented treatment programs for minority youth has 
contributed to disparate and more punitive treatment of these 
youth by the juvenile justice system.  As part of this study, 
the commissioner shall determine the cost of expanding the 
availability of culturally oriented treatment programs to all 
adult and juvenile offenders who are in need of treatment.  The 
commissioner shall report the study's findings and 
recommendations to the legislature by February 1, 1993. 
    Sec. 27.  [STATEWIDE MEDIA CAMPAIGN.] 
    The commissioner of health, in collaboration with the 
commissioner of human services and the commissioner of public 
safety, shall design and implement a statewide mass media 
campaign for the promotion of chemical health.  The campaign 
must use both traditional and nontraditional media and focus on 
and support chemical health activities conducted at the 
community level with diverse and targeted populations.  The 
campaign must last a minimum of six months and be coordinated 
with local school and community educational efforts, policy, 
skills training, and behavior modeling. 
    Sec. 28.  [CHILD ABUSE PREVENTION GRANT.] 
    The commissioner of human services shall award a grant to a 
nonprofit, statewide child abuse prevention organization whose 
primary focus is parent self-help and support.  Grant money may 
be used for one or more of the following activities: 
    (1) to provide technical assistance and consultation to 
individuals, organizations, or communities to establish local or 
regional parent self-help and support organizations for abusive 
or potentially abusive parents; 
    (2) to provide coordination and networking among existing 
parent self-help child abuse prevention organizations; 
    (3) to recruit, train, and provide leadership for 
volunteers working in child abuse prevention programs; 
    (4) to expand and develop child abuse programs throughout 
the state; or 
    (5) for statewide educational and public information 
efforts to increase awareness of the problems and solutions of 
child abuse. 
    Sec. 29.  [ECFE REVENUE.] 
    In addition to the revenue in section 124.2711, subdivision 
1, in fiscal year 1993 a district is eligible for aid equal to 
$1.60 times the greater of 150 or the number of people under 
five years of age residing in the school district on September 1 
of the last school year.  This amount may be used only for 
in-service education for early childhood family education parent 
educators, child educators, and home visitors for violence 
prevention programs and for home visiting programs under section 
6.  A district that uses revenue under this paragraph for home 
visiting programs shall provide home visiting program services 
through its early childhood family education program or shall 
contract with a public or nonprofit organization to provide such 
services.  A district may establish a new home visiting program 
only where no existing, reasonably accessible home visiting 
program meets the program requirements in section 6. 
    Sec. 30.  [126.78] [VIOLENCE PREVENTION EDUCATION GRANTS.] 
    Subdivision 1.  [GRANT PROGRAM ESTABLISHED.] The 
commissioner of education, after consulting with the assistant 
commissioner of the office of drug policy and violence 
prevention, shall establish a violence prevention education 
grant program to enable a school district, an education 
district, or a group of districts that cooperate for a 
particular purpose to develop and implement a violence 
prevention program for students in kindergarten through grade 12 
that can be integrated into existing curriculum.  A district or 
group of districts that elects to develop and implement a 
violence prevention program under section 126.77 is eligible to 
apply for a grant under this section. 
    Subd. 2.  [GRANT APPLICATION.] To be eligible to receive a 
grant, a school district, an education district, or a group of 
districts that cooperate for a particular purpose must submit an 
application to the commissioner in the form and manner and 
according to the timeline established by the commissioner.  The 
application must describe how the applicant will:  (1) integrate 
into its existing K-12 curriculum a program for violence 
prevention that contains the program components listed in 
section 126.77; (2) collaborate with local organizations 
involved in violence prevention and intervention; and (3) 
structure the program to reflect the characteristics of the 
children, their families and the community involved in the 
program.  The commissioner may require additional information 
from the applicant.  When reviewing the applications, the 
commissioner shall determine whether the applicant has met the 
requirements of this subdivision. 
    Subd. 3.  [GRANT AWARDS.] The commissioner may award grants 
for a violence prevention education program to eligible 
applicants as defined in subdivision 2.  Grant amounts may not 
exceed $3 per actual pupil unit in the district or group of 
districts in the prior school year.  Grant recipients should be 
geographically distributed throughout the state. 
    Subd. 4.  [GRANT PROCEEDS.] A successful applicant shall 
use the grant money to develop and implement a violence 
prevention program according to the terms of the grant 
application. 

                               ARTICLE 11

                      STATE AND LOCAL CORRECTIONS 
    Section 1.  Minnesota Statutes 1990, section 241.021, is 
amended by adding a subdivision to read: 
    Subd. 4a.  [CHEMICAL DEPENDENCY TREATMENT PROGRAMS.] All 
residential chemical dependency treatment programs operated by 
the commissioner of corrections to treat adults and juveniles 
committed to the commissioner's custody shall comply with the 
standards mandated in Minnesota Rules, parts 9530.4100 to 
9530.6500, for treatment programs operated by community-based 
residential treatment facilities. 
    Sec. 2.  Minnesota Statutes 1990, section 243.53, is 
amended to read: 
    243.53 [SEPARATE CELLS; MULTIPLE OCCUPANCY STANDARDS.] 
    Subdivision 1.  [SEPARATE CELLS.] When there are cells 
sufficient, each convict shall be confined in a separate 
cell.  Each inmate shall be confined in a separate cell in 
close, maximum, and high security facilities, including St. 
Cloud, Stillwater, and Oak Park Heights, but not including 
geriatric or honor dormitory-type facilities. 
    Subd. 2.  [MULTIPLE OCCUPANCY STANDARDS.] A medium security 
correctional facility that is built or remodeled after July 1, 
1992, for the purpose of increasing inmate capacity must be 
designed and built to comply with multiple-occupancy standards 
for not more than one-half of the facility's capacity and must 
include a maximum capacity figure.  A minimum security 
correctional facility that is built or remodeled after July 1, 
1992, must be designed and built to comply with minimum security 
multiple-occupancy standards.  
    Sec. 3.  Minnesota Statutes 1990, section 244.05, is 
amended by adding a subdivision to read: 
    Subd. 1c.  [RELEASE TO RESIDENTIAL PROGRAM; ESCORT 
REQUIRED.] The commissioner shall provide an escort for any 
inmate on parole or supervised release status who is released to 
a halfway house or other residential community program.  The 
escort shall be an employee of the commissioner or a person 
acting as the commissioner's agent for this purpose. 
    Sec. 4.  [244.051] [EARLY REPORTS OF MISSING OFFENDERS.] 
    All programs serving inmates on supervised release 
following a prison sentence shall notify the appropriate 
probation officer, appropriate law enforcement agency, and the 
department of corrections within two hours after an inmate in 
the program fails to make a required report or after program 
officials receive information indicating that an inmate may have 
left the area in which the inmate is required to remain or may 
have otherwise violated conditions of the inmate's supervised 
release.  The department of corrections and county corrections 
agencies shall ensure that probation offices are staffed on a 
24-hour basis or make available a 24-hour telephone number to 
receive the reports. 
    Sec. 5.  [244.17] [CHALLENGE INCARCERATION PROGRAM.] 
    Subdivision 1.  [GENERALLY.] The commissioner may select 
offenders who meet the eligibility requirements of subdivisions 
2 and 3 to participate in a challenge incarceration program 
described in sections 244.171 and 244.172 for all or part of the 
offender's sentence if the offender agrees to participate in the 
program and signs a written contract with the commissioner 
agreeing to comply with the program's requirements.  
    Subd. 2.  [ELIGIBILITY.] The commissioner must limit the 
challenge incarceration program to the following persons: 
    (1) offenders who are committed to the commissioner's 
custody following revocation of a stayed sentence; and 
    (2) offenders who are committed to the commissioner's 
custody for a term of imprisonment of not less than 18 months 
nor more than 36 months and who did not receive a dispositional 
departure under the sentencing guidelines.  
    Subd. 3.  [OFFENDERS NOT ELIGIBLE.] The following offenders 
are not eligible to be placed in the challenge incarceration 
program: 
    (1) offenders who are committed to the commissioner's 
custody following a conviction for murder, manslaughter, 
criminal sexual conduct, assault, kidnapping, robbery, arson, or 
any other offense involving death or personal injury; and 
    (2) offenders who previously were convicted of an offense 
described in clause (1) and were committed to the custody of the 
commissioner. 
    Sec. 6.  [244.171] [CHALLENGE INCARCERATION PROGRAM; BASIC 
ELEMENTS.] 
    Subdivision 1.  [REQUIREMENTS.] The commissioner shall 
administer an intensive, structured, and disciplined program 
with a high level of offender accountability and control and 
direct and related consequences for failure to meet behavioral 
expectations.  The program shall have the following goals: 
    (1) to punish and hold the offender accountable; 
    (2) to protect the safety of the public; 
    (3) to treat offenders who are chemically dependent; and 
    (4) to prepare the offender for successful reintegration 
into society.  
    Subd. 2.  [PROGRAM COMPONENTS.] The program shall contain 
all of the components described in paragraphs (a) to (e). 
    (a) The program shall contain a highly structured daily 
schedule for the offender. 
    (b) The program shall contain a rigorous physical program 
designed to teach personal discipline and improve the physical 
and mental well-being of the offender.  It shall include skills 
designed to teach the offender how to reduce and cope with 
stress. 
    (c) The program shall contain individualized educational 
programs designed to improve the basic educational skills of the 
offender and to provide vocational training. 
    (d) The program shall contain programs designed to promote 
the offender's self-worth and the offender's acceptance of 
responsibility for the consequences of the offender's own 
decisions. 
    (e) The program shall contain culturally sensitive chemical 
dependency programs, licensed by the department of human 
services and designed to serve the inmate population.  It shall 
require that each offender submit to a chemical use assessment 
and that the offender receive the appropriate level of treatment 
as indicated by the assessment. 
    Subd. 3.  [GOOD TIME NOT AVAILABLE.] An offender in the 
challenge incarceration program does not earn good time during 
phases I and II of the program, notwithstanding section 244.04. 
    Subd. 4.  [SANCTIONS.] The commissioner shall impose severe 
and meaningful sanctions for violating the conditions of the 
challenge incarceration program.  The commissioner shall remove 
an offender from the challenge incarceration program if the 
offender: 
    (1) commits a material violation of or repeatedly fails to 
follow the rules of the program; 
    (2) commits any misdemeanor, gross misdemeanor, or felony 
offense; or 
    (3) presents a risk to the public, based on the offender's 
behavior, attitude, or abuse of alcohol or controlled 
substances.  The removal of an offender from the challenge 
incarceration program is governed by the procedures in the 
commissioner's rules adopted under section 244.05, subdivision 2.
    An offender who is removed from the challenge incarceration 
program shall be imprisoned for a time period equal to the 
offender's original term of imprisonment, minus earned good time 
if any, but in no case for longer than the time remaining in the 
offender's sentence.  "Original term of imprisonment" means a 
time period equal to two-thirds of the sentence originally 
executed by the sentencing court, minus jail credit, if any. 
    Subd. 5.  [TRAINING.] The commissioner shall develop 
specialized training for correctional employees who supervise 
and are assigned to the challenge incarceration program. 
    Sec. 7.  [244.172] [CHALLENGE INCARCERATION PROGRAM; PHASES 
I to III.] 
    Subdivision 1.  [PHASE I.] Phase I of the program lasts at 
least six months.  The offender must be confined in a state 
correctional facility designated by the commissioner and must 
successfully participate in all intensive treatment, education 
and work programs required by the commissioner.  The offender 
must also submit on demand to random drug and alcohol testing at 
time intervals set by the commissioner.  For the first three 
months of phase I, the offender may not receive visitors or 
telephone calls, except under emergency circumstances. 
    Subd. 2.  [PHASE II.] Phase II of the program lasts at 
least six months.  The offender shall serve this phase of the 
offender's sentence in an intensive supervision and surveillance 
program established by the commissioner.  The commissioner may 
impose such requirements on the offender as are necessary to 
carry out the goals of the program.  The offender must be 
required to submit to daily drug and alcohol tests for the first 
three months; biweekly tests for the next two months; and weekly 
tests for the remainder of phase II.  The commissioner shall 
also require the offender to report daily to a day-reporting 
facility designated by the commissioner.  In addition, if the 
commissioner required the offender to undergo acupuncture during 
phase I, the offender must continue to submit to acupuncture 
treatment throughout phase II. 
    Subd. 3.  [PHASE III.] Phase III lasts for the remainder of 
the offender's sentence.  During phase III, the commissioner 
shall place the offender on supervised release under section 
244.05.  The commissioner shall set the level of the offender's 
supervision based on the public risk presented by the offender. 
    Sec. 8.  [244.173] [CHALLENGE INCARCERATION PROGRAM; 
EVALUATION AND REPORT.] 
    The commissioner shall file a report with the house and 
senate judiciary committees by September 1, 1992, which sets 
forth with specificity the program's design.  The commissioner 
shall also develop a system for gathering and analyzing 
information concerning the value and effectiveness of the 
challenge incarceration program.  The commissioner shall report 
to the legislature by January 1, 1996, on the operation of the 
program. 
    Sec. 9.  [244.18] [LOCAL CORRECTIONAL FEES; IMPOSITION ON 
OFFENDERS.] 
    Subdivision 1.  [DEFINITION.] As used in this section, 
"local correctional fees" include fees for the following 
correctional services:  
    (1) community service work placement and supervision; 
    (2) restitution collection; 
    (3) supervision; 
    (4) court ordered investigations; or 
    (5) any other court ordered service to be provided by a 
local probation and parole agency established under section 
260.311 or community corrections agency established under 
chapter 401. 
    Subd. 2.  [LOCAL CORRECTIONAL FEES.] A local correctional 
agency may establish a schedule of local correctional fees to 
charge persons convicted of a crime and under the supervision 
and control of the local correctional agency to defray costs 
associated with correctional services.  The local correctional 
fees on the schedule must be reasonably related to defendants' 
abilities to pay and the actual cost of correctional services. 
    Subd. 3.  [FEE COLLECTION.] The chief executive officer of 
a local correctional agency may collect local correctional fees 
assessed under section 13.  The local correctional agency may 
collect the fee at any time while the offender is under sentence 
or after the sentence has been discharged.  The agency may use 
any available civil means of debt collection in collecting a 
local correctional fee. 
    Subd. 4.  [EXEMPTION FROM FEE.] The local correctional 
agency shall waive payment of a local correctional fee if so 
ordered by the court under section 13.  If the court fails to 
waive the fee, the chief executive officer of the local 
correctional agency may waive payment of the fee if the officer 
determines that the offender does not have the ability to pay 
the fee, the prospects for payment are poor, or there are 
extenuating circumstances justifying waiver of the fee.  Instead 
of waiving the fee, the local correctional agency may require 
the offender to perform community work service as a means of 
paying the fee.  
    Subd. 5.  [RESTITUTION PAYMENT PRIORITY.] If a defendant 
has been ordered by a court to pay restitution and a local 
correctional fee, the defendant shall be obligated to pay the 
restitution ordered before paying the local correctional fee. 
    Subd. 6.  [USE OF FEES.] The local correctional fees shall 
be used by the local correctional agency to pay the costs of 
local correctional services.  Local correctional fees may not be 
used to supplant existing local funding for local correctional 
services.  
    Sec. 10.  Minnesota Statutes 1990, section 260.311, is 
amended by adding a subdivision to read: 
    Subd. 3a.  [DETAINING PERSON ON CONDITIONAL RELEASE.] (a) 
County probation officers serving a district or juvenile court 
may, without a warrant when it appears necessary to prevent 
escape or enforce discipline, take and detain a probationer or 
any person on conditional release and bring that person before 
the court or the commissioner of corrections, whichever is 
appropriate, for disposition.  No probationer or other person on 
conditional release shall be detained under this subdivision 
more than 72 hours, excluding Saturdays, Sundays and holidays, 
without being given an opportunity for a hearing before the 
court or the commissioner of corrections or a designee. 
    (b) The written order of the chief executive officer or 
designee of a county corrections agency established under this 
section is sufficient authority for any peace officer or county 
probation officer to take and place in actual custody any person 
under sentence or on probation who: 
    (1) fails to report to serve a sentence at a local 
correctional facility, as defined in section 241.021, 
subdivision 1; 
    (2) fails to return from furlough or authorized temporary 
release from a local correctional facility; 
    (3) escape from a local correctional facility; or 
    (4) absconds from court-ordered home detention. 
    Sec. 11.  Minnesota Statutes 1990, section 401.02, 
subdivision 4, is amended to read: 
    Subd. 4.  [DETAINING PERSON ON CONDITIONAL RELEASE.] (a) 
Probation officers serving the district, county, municipal and 
juvenile courts of counties participating in the subsidy program 
established by this chapter may, without order or warrant, when 
it appears necessary to prevent escape or enforce discipline, 
take and detain a probationer, or any person on conditional 
release and bring that person before the court or the 
commissioner of corrections or a designee, whichever is 
appropriate, for disposition.  No probationer or other person on 
conditional release shall be detained more than 72 hours, 
exclusive of legal holidays, Saturdays and Sundays, pursuant to 
this subdivision without being provided with the opportunity for 
a hearing before the court or the commissioner of corrections or 
a designee.  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, participating counties 
shall comply with the policies and procedures relating thereto 
as prescribed by the commissioner of corrections.  
    (b) The written order of the chief executive officer or 
designee of a community corrections agency established under 
this chapter is sufficient authority for any peace officer or 
county probation officer to take and place in actual custody any 
person under sentence or on probation who: 
    (1) fails to report to serve a sentence at a local 
correctional facility, as defined in section 241.021, 
subdivision 1; 
    (2) fails to return from furlough or authorized temporary 
release from a local correctional facility; 
    (3) escapes from a local correctional facility; or 
    (4) absconds from court-ordered home detention. 
    Sec. 12.  Minnesota Statutes 1990, section 609.10, is 
amended to read: 
    609.10 [SENTENCES AVAILABLE.] 
    Upon conviction of a felony and compliance with the other 
provisions of this chapter the court, if it imposes sentence, 
may sentence the defendant to the extent authorized by law as 
follows: 
    (1) to life imprisonment; or 
    (2) to imprisonment for a fixed term of years set by the 
court; or 
    (3) to both imprisonment for a fixed term of years and 
payment of a fine; or 
    (4) to payment of a fine without imprisonment or to 
imprisonment for a fixed term of years if the fine is not paid; 
or 
    (5) to payment of court-ordered restitution in addition to 
either imprisonment or payment of a fine, or both; or 
    (6) to payment of a local correctional fee as authorized 
under section 13 in addition to any other sentence imposed by 
the court. 
    Sec. 13.  [609.102] [LOCAL CORRECTIONAL FEES; IMPOSITION BY 
COURT.] 
    Subdivision 1.  [DEFINITION.] As used in this section, 
"local correctional fee" means a fee for local correctional 
services established by a local correctional agency under 
section 9. 
    Subd. 2.  [IMPOSITION OF FEE.] When a court sentences a 
person convicted of a crime, and places the person under the 
supervision and control of a local correctional agency, the 
court shall impose a local correctional fee based on the local 
correctional agency's fee schedule adopted under section 9. 
    Subd. 3.  [FEE EXEMPTION.] The court may waive payment of a 
local correctional fee if it makes findings on the record that 
the convicted person is exempt due to any of the factors named 
under section 9, subdivision 4.  The court shall consider 
prospects for payment during the term of supervision by the 
local correctional agency. 
    Subd. 4.  [RESTITUTION PAYMENT PRIORITY.] If the court 
orders the defendant to pay restitution and a local correctional 
fee, the court shall order that the restitution be paid before 
the local correctional fee. 
    Sec. 14.  Minnesota Statutes 1990, section 609.125, is 
amended to read: 
    609.125 [SENTENCE FOR MISDEMEANOR OR GROSS MISDEMEANOR.] 
    Upon conviction of a misdemeanor or gross misdemeanor the 
court, if sentence is imposed, may, to the extent authorized by 
law, sentence the defendant: 
    (1) to imprisonment for a definite term; or 
    (2) to payment of a fine, or to imprisonment for a 
specified term if the fine is not paid; or 
    (3) to both imprisonment for a definite term and payment of 
a fine; or 
    (4) to payment of court-ordered restitution in addition to 
either imprisonment or payment of a fine, or both; or 
    (5) to payment of a local correctional fee as authorized 
under section 13 in addition to any other sentence imposed by 
the court. 
    Sec. 15.  [PROBATION STANDARDS TASK FORCE.] 
    The commissioner of corrections shall establish a probation 
standards task force of up to 12 members.  Members of the task 
force must represent the department of corrections, probation 
officers, law enforcement, public defenders, county attorneys, 
county officials from community corrections act counties and 
other counties, victims of crimes committed by offenders while 
on probation, and the sentencing guidelines commission.  The 
task force shall choose co-chairs from among the county 
officials sitting on the task force.  One co-chair must be a 
probation officer or county official from a community 
corrections act county, and the other co-chair must be a member 
of the Minnesota association of county probation officers.  The 
commissioner shall report to the legislature by December 1, 
1992, concerning the following: 
    (1) the number of offenders being supervised by individual 
probation officers across the state, including a statewide 
average, metropolitan and nonmetropolitan, a statewide 
metropolitan and nonmetropolitan range, and other relevant 
information about current caseloads; 
    (2) minimum caseload goals and an appropriate mix for types 
of offenders; 
    (3) the adequacy of current staffing levels to provide 
effective supervision of violent offenders on probation and 
supervised release; 
    (4) the need for increasing the number of probation 
officers and the cost of doing so; and 
    (5) any other relevant recommendations. 
    Sec. 16.  [COUNTY JUVENILE FACILITY NEEDS ASSESSMENT.] 
    The county correctional administrators of each judicial 
district shall jointly evaluate and provide a report on behalf 
of the entire judicial district to the chairs of the judiciary 
committees in the senate and house of representatives by 
November 1, 1992, concerning the needs of the counties in that 
judicial district for secure juvenile detention facilities, 
including the need for preadjudication facilities and, in 
conjunction with the commissioner of corrections, the need for 
postadjudication facilities. 
    Sec. 17.  [CLARIFICATION OF CONFLICTING PROVISIONS.] 
    Notwithstanding Minnesota Statutes, section 645.26 or 
645.33, the provisions of sections 5 to 8 supersede the 
provisions of article 9, sections 3 to 6, of a bill styled as 
H.F. 2694, if enacted by the 1992 legislature. 

                               ARTICLE 12

                          CIVIL LAW PROVISIONS
    Section 1.  [617.245] [CIVIL ACTION; USE OF A MINOR IN A 
SEXUAL PERFORMANCE.] 
    Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
subdivision apply to this section. 
    (b) "Minor" means any person who, at the time of use in a 
sexual performance, is under the age of 16. 
    (c) "Promote" means to produce, direct, publish, 
manufacture, issue, or advertise. 
    (d) "Sexual performance" means any play, dance, or other 
exhibition presented before an audience or for purposes of 
visual or mechanical reproduction which depicts sexual conduct 
as defined by paragraph (e). 
    (e) "Sexual conduct" means any of the following if the 
depiction involves a minor: 
    (1) an act of sexual intercourse, actual or simulated, 
including genital-genital, anal-genital, or oral-genital 
intercourse, whether between human beings or between a human 
being and an animal; 
    (2) sadomasochistic abuse, meaning flagellation, torture, 
or similar demeaning acts inflicted by or upon a minor who is 
nude, or the condition of being fettered, bound, or otherwise 
physically restrained on the part of one so unclothed; 
    (3) masturbation or lewd exhibitions of the genitals; and 
    (4) physical contact or simulated physical contact with the 
unclothed pubic areas or buttocks of a human male or female, or 
the breasts of the female, whether alone or between members of 
the same or opposite sex or between humans and animals in an act 
of apparent sexual stimulation or gratification. 
    Subd. 2.  [CAUSE OF ACTION.] A cause of action exists for 
injury caused by the use of a minor in a sexual performance.  
The cause of action exists against a person who promotes, 
employs, uses, or permits a minor to engage or assist others to 
engage in posing or modeling alone or with others in a sexual 
performance, if the person knows or has reason to know that the 
conduct intended is a sexual performance. 
    A person found liable for injuries under this section is 
liable to the minor for damages. 
    Neither consent to sexual performance by the minor or by 
the minor's parent, guardian, or custodian, or mistake as to the 
minor's age is a defense to the action. 
    Subd. 3.  [LIMITATION PERIOD.] An action for damages under 
this section must be commenced within six years of the time the 
plaintiff knew or had reason to know injury was caused by 
plaintiff's use as a minor in a sexual performance.  The 
knowledge of a parent, guardian, or custodian may not be imputed 
to the minor.  This section does not affect the suspension of 
the statute of limitations during a period of disability under 
section 541.15. 
    Sec. 2.  Laws 1991, chapter 232, section 5, is amended to 
read: 
    Sec. 5.  [APPLICABILITY.] 
    Notwithstanding any other provision of law, a plaintiff 
whose claim would otherwise be time-barred under Minnesota 
Statutes 1990 has until August 1, 1992, to commence a cause of 
action for damages based on personal injury caused by sexual 
abuse if the action is based on an intentional tort committed 
against the plaintiff. 
    Sec. 3.  [EFFECTIVE DATE.] 
    Section 2 is effective retroactive to August 1, 1991, and 
applies to actions pending on or commenced on or after that date.

                               ARTICLE 13

                CRIMINAL JUSTICE DATA PRIVACY PROVISIONS 
    Section 1.  Minnesota Statutes 1990, section 171.07, 
subdivision 1a, is amended to read:  
    Subd. 1a.  [FILING PHOTOGRAPHS OR IMAGES; DATA 
CLASSIFICATION.] The department shall file, or contract to file, 
all photographs or electronically produced images obtained in 
the process of issuing driver licenses or Minnesota 
identification cards.  The photographs or electronically 
produced images shall be private data pursuant to section 13.02, 
subdivision 12.  Notwithstanding section 13.04, subdivision 3, 
the department shall not be required to provide copies of 
photographs or electronically produced images to data subjects.  
The use of the files is restricted: 
    (1) to the issuance and control of driver licenses; 
    (2) for law enforcement purposes in the investigation and 
prosecution of felonies and violations of section 169.09; 
169.121; 169.123; 169.129; 171.22; 171.24; 171.30; 609.41; 
609.487, subdivision 3; 609.631, subdivision 4, clause (3); or 
609.821, subdivision 3, clauses (1), item (iv), and (3); or 
617.23; and 
    (3) for child support enforcement purposes under section 
256.978. 
    Sec. 2.  [241.301] [FINGERPRINTS OF INMATES, PAROLEES, AND 
PROBATIONERS FROM OTHER STATES.] 
    The commissioner of corrections shall establish procedures 
so that whenever this state receives an inmate, parolee, or 
probationer from another state under sections 241.28 to 241.30 
or 243.16, fingerprints and thumbprints of the inmate, parolee, 
or probationer are obtained and forwarded to the bureau of 
criminal apprehension. 
    Sec. 3.  Minnesota Statutes 1991 Supplement, section 
260.161, subdivision 3, is amended to read: 
    Subd. 3.  (a) Except for records relating to an offense 
where proceedings are public under section 260.155, subdivision 
1, peace officers' records of children shall be kept separate 
from records of persons 18 years of age or older and shall not 
be open to public inspection or their contents disclosed to the 
public except (1) by order of the juvenile court, (2) as 
required by section 126.036, (3) as authorized under section 
13.82, subdivision 2, (4) to the child's parent or guardian 
unless disclosure of a record would interfere with an ongoing 
investigation, or (5) as provided in paragraph (d).  Except as 
provided in paragraph (c), no photographs of a child taken into 
custody may be taken without the consent of the juvenile court 
unless the child is alleged to have violated section 169.121 or 
169.129.  Any person violating any of the provisions of this 
subdivision shall be guilty of a misdemeanor. 
    (b) Nothing in this subdivision prohibits the exchange of 
information by law enforcement agencies if the exchanged 
information is pertinent and necessary to the requesting agency 
in initiating, furthering, or completing a criminal 
investigation. 
    (c) A photograph may be taken of a child taken into custody 
pursuant to section 260.165, subdivision 1, clause (b), provided 
that the photograph must be destroyed when the child reaches the 
age of 19 years.  The commissioner of corrections may photograph 
juveniles whose legal custody is transferred to the 
commissioner.  Photographs of juveniles authorized by this 
paragraph may be used only for institution management purposes 
and to assist law enforcement agencies to apprehend juvenile 
offenders.  The commissioner shall maintain photographs of 
juveniles in the same manner as juvenile court records and names 
under this section. 
    (d) Traffic investigation reports are open to inspection by 
a person who has sustained physical harm or economic loss as a 
result of the traffic accident.  Identifying information on 
juveniles who are parties to traffic accidents may be disclosed 
as authorized under section 13.82, subdivision 4, unless the 
information would identify a juvenile who was taken into custody 
or who is suspected of committing an offense that would be a 
crime if committed by an adult, or would associate a juvenile 
with the offense, and the offense is not a minor traffic offense 
under section 260.193. 
    Sec. 4.  [DATA PRACTICES RECOMMENDATIONS.] 
    The commissioners of administration, public safety, human 
services, health, corrections, and education, a representative 
of the data practices division of the department of 
administration, and the state public defender, shall make 
recommendations regarding the exchange of data among law 
enforcement agencies, local social service agencies, schools, 
the courts, court service agencies, and correctional agencies.  
The recommendations shall be developed in consultation with the 
following groups and others:  local public social service 
agencies, police departments, sheriffs' offices, crime victims, 
and court services departments.  In conducting the study the 
officials shall review data practices laws and rules and shall 
determine whether there are changes in statute or rule required 
to enhance the functioning of the criminal justice system.  The 
officials shall consider the impact of any proposed 
recommendations on individual privacy rights.  The officials 
shall submit a written report to the governor and the 
legislature not later than February 1, 1993. 
    Sec. 5.  [STUDY OF CRIMINAL AND JUVENILE JUSTICE 
INFORMATION.] 
    The chair of the sentencing guidelines commission, the 
commissioner of corrections, the commissioner of public safety, 
and the state court administrator shall study and make 
recommendations to the governor and the legislature: 
    (1) on a framework for integrated criminal justice 
information systems; 
    (2) on the responsibilities of each entity within the 
criminal and juvenile justice systems concerning the collection, 
maintenance, dissemination, and sharing of criminal justice 
information with one another; 
    (3) to ensure that information maintained in the criminal 
justice information systems is accurate and up-to-date; 
    (4) on an information system containing criminal justice 
information on felony-level juvenile offenders that is part of 
the integrated criminal justice information system framework; 
    (5) on an information system containing criminal justice 
information on misdemeanor arrests, prosecutions, and 
convictions that is part of the integrated criminal justice 
information system framework; 
    (6) on comprehensive training programs and requirements for 
all individuals in criminal justice agencies to ensure the 
quality and accuracy of information in those systems; 
    (7) on continuing education requirements for individuals in 
criminal justice agencies who are responsible for the 
collection, maintenance, dissemination, and sharing of criminal 
justice data; 
    (8) on a periodic audit process to ensure the quality and 
accuracy of information contained in the criminal justice 
information systems; 
    (9) on the equipment, training, and funding needs of the 
state and local agencies that participate in the criminal 
justice information systems; and 
    (10) on the impact of integrated criminal justice 
information systems on individual privacy rights. 
    The chair, the commissioners, and the administrator shall 
file a report with the governor and the legislature by December 
1, 1992.  The report must make recommendations concerning any 
legislative changes or appropriations that are needed to ensure 
that the criminal justice information systems operate accurately 
and efficiently.  To assist them in developing their 
recommendations, the chair, the commissioners, and the 
administrator shall appoint a task force consisting of the 
members of the commission on criminal and juvenile justice 
information or their designees and the following additional 
members: 
    (1) the director of the office of strategic and long-range 
planning; 
    (2) two sheriffs recommended by the Minnesota sheriffs 
association; 
    (3) two police chiefs recommended by the Minnesota chiefs 
of police association; 
    (4) two county attorneys recommended by the Minnesota 
county attorneys association; 
    (5) two city attorneys recommended by the Minnesota league 
of cities; 
    (6) two district judges appointed by the conference of 
chief judges, one of whom is currently assigned to the juvenile 
court; 
    (7) two community corrections administrators recommended by 
the Minnesota association of counties, one of whom represents a 
community corrections act county; 
    (8) two probation officers; and 
    (9) two citizens, one of whom has been a victim of crime. 
    The task force expires upon submission of the report by the 
chair, the commissioners, and the administrator. 

                               ARTICLE 14 

                 MANDATORY VEHICLE INSURANCE PROVISIONS 
    Section 1.  Minnesota Statutes 1991 Supplement, section 
168.041, subdivision 4, is amended to read: 
    Subd. 4.  [IMPOUNDMENT ORDER; PLATES SURRENDERED.] If the 
court issues an impoundment order, the registration plates must 
be surrendered to the court either three days after the order is 
issued or on the date specified by the court, whichever date is 
later.  The court may destroy the surrendered registration 
plates.  Except as provided in subdivision 1a, 6, or 7, no new 
registration plates may be issued to the violator or owner until 
the driver's license of the violator has been reissued or 
reinstated.  The court shall notify the commissioner of public 
safety within ten days after issuing an impoundment order. 
    Sec. 2.  Minnesota Statutes 1990, section 169.791, is 
amended to read: 
    169.791 [CRIMINAL PENALTY FOR FAILURE TO PRODUCE PROOF OF 
INSURANCE.] 
    Subdivision 1.  [TERMS.] (a) For purposes of this section 
and sections 169.792 to 169.796 169.799, the following terms 
have the meanings given. 
    (b) "Commissioner" means the commissioner of public safety. 
    (c) "Insurance identification card" means a card issued by 
an obligor to an insured stating that security as required by 
section 65B.48 has been provided for the insured's vehicle.  
    (d) "Proof of insurance" means an insurance identification 
card, written statement, or insurance policy as defined by 
section 65B.14, subdivision 2. 
    (e) "Written statement" means a written statement by a 
licensed insurance agent in a form acceptable to the 
commissioner stating the name and address of the insured, the 
vehicle identification number of the insured's vehicle, that a 
plan of reparation security as required by section 65B.48 has 
been provided for the insured's vehicle, and the dates of the 
coverage. 
    (f) "District court administrator" or "court administrator" 
means the district court administrator or a deputy district 
court administrator of the district court that has jurisdiction 
of a violation of this section.  
     (g) "Vehicle" means a motor vehicle as defined in section 
65B.43, subdivision 2, or a motorcycle as defined in section 
65B.43, subdivision 13.  
    (h) "Peace officer" or "officer" means an employee of a 
political subdivision or state law enforcement agency, including 
the Minnesota state patrol, who is licensed by the Minnesota 
board of peace officer standards and training and is authorized 
to make arrests for violations of traffic laws. 
    (i) "Law enforcement agency" means the law enforcement 
agency that employed the peace officer who demanded proof of 
insurance under this section or section 169.792.  
     (j) The definitions in section 65B.43 apply to sections 
169.792 to 169.799. 
    Subd. 2.  [REQUIREMENT FOR DRIVER WHETHER OR NOT THE 
OWNER.] Every driver shall have in possession at all times when 
operating a motor vehicle and shall produce on demand of a peace 
officer proof of insurance in force at the time of the demand 
covering the vehicle being operated.  If the driver is unable to 
does not produce the required proof of insurance upon the demand 
of a peace officer, the driver is guilty of a misdemeanor.  A 
person is guilty of a gross misdemeanor who violates this 
section within ten years of the first of two prior convictions 
under this section, section 169.797, or a statute or ordinance 
in conformity with one of those sections.  A driver who is not 
the owner of the vehicle may not be convicted under this section 
unless the driver knew or had reason to know that the owner did 
not have proof of insurance required by this section, provided 
that the driver provides the officer with the name and address 
of the owner at the time of the demand or complies with 
subdivision 3. 
    Subd. 2a.  [LATER PRODUCTION OF PROOF BY DRIVER WHO IS THE 
OWNER.] The A driver shall who is the owner of the vehicle may, 
within 14 ten days after the demand, produce proof of insurance 
stating that security had been provided for the vehicle that was 
being operated at the time of the demand, or the name and 
address of the owner to the place stated in the notice provided 
by the officer to the court administrator.  The required proof 
of insurance may be sent by mail by the driver as long as it is 
received within 14 ten days.  Except as provided in subdivision 
3, any driver who fails to produce proof of insurance as 
required by this section within 14 days of the demand is guilty 
of a misdemeanor.  The peace officer may mail the citation to 
the address given by the driver or to the address stated on the 
driver's license, and such service by mail is valid 
notwithstanding section 629.34.  It is not a defense to service 
that a person failed to notify the department of public safety 
of a change of name or address as required under section 
171.11.  The citation may be sent after the 14-day period.  A 
driver who is not the owner of the motor vehicle or motorcycle 
does not violate this section unless the driver knew or had 
reason to know that the owner did not have proof of insurance 
required by this section.  If a citation is issued, no person 
shall be convicted of violating this section if the court 
administrator receives the required proof of insurance within 
ten days of the issuance of the citation.  If the charge is made 
other than by citation, no person shall be convicted of 
violating this section if the person presents the required proof 
of insurance at the person's first court appearance after the 
charge is made.  
    Subd. 3.  [REQUIREMENT FOR LATER PRODUCTION OF INFORMATION 
BY DRIVER WHO IS NOT THE OWNER.] If the driver is not the owner 
of the vehicle, the driver shall, within 14 ten days of the 
officer's demand, provide the officer district court 
administrator with proof of insurance or the name and address of 
the owner.  Any driver under this subdivision who fails to 
provide proof of insurance or to inform the officer of the name 
and address of the owner within 14 days of the officer's demand 
is guilty of a misdemeanor.  Upon receipt of the name and 
address of the owner, the district court administrator shall 
communicate the information to the law enforcement agency. 
    Subd. 4.  [REQUIREMENT FOR OWNER WHO IS NOT THE DRIVER.] If 
the driver is not the owner of the vehicle, the officer may send 
or provide a notice to the owner of the motor vehicle requiring 
the owner to produce proof of insurance for the vehicle that was 
being operated at the time of the demand.  Notice by mail is 
presumed to be received five days after mailing and shall be 
sent to the owner's current address or the address listed on the 
owner's driver's license.  Within 14 ten days after receipt of 
the notice, the owner shall produce the required proof of 
insurance to the place stated in the notice received by the 
owner.  The required proof of insurance may be sent by mail by 
the owner as long as it is received within 14 ten days.  Any 
owner who fails to produce proof of insurance within 14 ten days 
of an officer's request is guilty of a misdemeanor.  It is an 
affirmative defense to a charge against the owner that the 
driver used the owner's vehicle without consent or 
misrepresented his or her insurance coverage to the owner.  The 
peace officer may mail the citation to the owner's current 
address or address stated on the owner's driver's license.  It 
is an affirmative defense to a charge against the owner that the 
driver used the owner's vehicle without consent, if insurance 
would not have been required in the absence of the unauthorized 
use by the driver.  It is not a defense that a person failed to 
notify the department of public safety of a change of name or 
address as required under section 171.11.  The citation may be 
sent after the 14-day ten-day period. 
    Subd. 5.  [EXEMPTIONS.] Buses or other commercial vehicles 
operated by the metropolitan transit commission, commercial 
vehicles required to file proof of insurance pursuant to chapter 
221, and school buses as defined in section 171.01, subdivision 
21, are exempt from this section. 
    Subd. 6.  [PENALTY.] Any violation of this section is a 
misdemeanor.  In addition to any sentence of imprisonment that 
the court may impose, the court shall impose a fine of not less 
than $200 nor more than the maximum fine applicable to 
misdemeanors upon conviction under this section.  The court may 
allow community service in lieu of any fine imposed if the 
defendant is indigent.  In addition to criminal penalties, a 
person convicted under this section is subject to revocation of 
a driver's license or permit to drive under section 169.792, 
subdivision 7, and to revocation of motor vehicle registration 
under section 169.792, subdivision 12.  
    Subd. 7.  [FALSE INFORMATION; PENALTY.] Any person who 
knowingly provides false information to an officer or district 
court administrator under this section is guilty of a 
misdemeanor.  
    Sec. 3.  Minnesota Statutes 1990, section 169.792, is 
amended to read: 
    169.792 [REVOCATION OF LICENSE FOR FAILURE TO PRODUCE PROOF 
OF INSURANCE.] 
    Subdivision 1.  [IMPLIED CONSENT.] Any driver or owner of a 
motor vehicle consents, subject to the provisions of this 
section and section 169.791, to the requirement of having 
possession of proof of insurance, and to the revocation of the 
person's license if the driver or owner is unable to does not 
produce the required proof of insurance within 14 ten days of an 
officer's demand.  Any driver of a motor vehicle who is not the 
owner of the motor vehicle consents, subject to the provisions 
of this section and section 169.791, to providing to the officer 
the name and address of the owner of the motor vehicle or 
motorcycle. 
    Subd. 2.  [REQUIREMENT FOR DRIVER WHETHER OR NOT THE 
OWNER.] Except as provided in subdivision 3, every driver of a 
motor vehicle shall, within 14 ten days after the demand of a 
peace officer, produce proof of insurance in force for the 
vehicle that was being operated at the time of the demand, 
to the place stated in the notice provided by the officer the 
district court administrator.  The required proof of insurance 
may be sent by the driver by mail as long as it is received 
within 14 ten days.  A driver who is not the owner does not 
violate this section unless the driver knew or had reason to 
know that the owner did not have proof of insurance required by 
this section, provided that the driver provides the officer with 
the owner's name and address at the time of the demand or 
complies with subdivision 3. 
    Subd. 3.  [REQUIREMENT FOR DRIVER WHO IS NOT THE OWNER.] If 
the driver is not the owner of the vehicle, then the driver 
shall provide the officer with the name and address of the owner 
at the time of the demand or shall within 14 ten days of the 
officer's demand provide the officer district court 
administrator with proof of insurance or the name and address of 
the owner. Upon receipt of the owner's name and address, the 
district court administrator shall forward the information to 
the law enforcement agency.  If the name and address received 
from the driver do not match information available to the 
district court administrator, the district court administrator 
shall notify the law enforcement agency of the discrepancy.  
    Subd. 4.  [REQUIREMENT FOR OWNER WHO IS NOT THE DRIVER.] If 
the driver is not the owner of the vehicle, the officer may send 
or provide a notice to the owner requiring the owner to produce 
proof of insurance in force at the time of the demand covering 
the motor vehicle being operated.  The notice shall be sent to 
the owner's current address or the address listed on the owner's 
driver's license.  Within 14 ten days after receipt of the 
notice, the owner shall produce the required proof of insurance 
to the place stated in the notice received by the owner.  Notice 
to the owner by mail is presumed to be received within five days 
after mailing.  It is not a defense that a person failed to 
notify the department of public safety of a change of name or 
address as required under section 171.11. 
    Subd. 5.  [WRITTEN NOTICE OF REVOCATION.] (a) When proof of 
insurance is demanded and none is in possession, the officer 
shall law enforcement agency may send or give the driver written 
notice as provided herein, unless the officer issues a citation 
to the driver under section 169.791 or 169.797.  If the driver 
is not the owner and does not produce the required proof of 
insurance within 14 ten days of the demand, the officer law 
enforcement agency may send or give written notice to the owner 
of the vehicle.  
    (b) Within ten days after receipt of the notice, if given, 
the driver or owner shall produce the required proof of 
insurance to the place stated in the notice.  Notice to the 
driver or owner by mail is presumed to be received within five 
days after mailing.  It is not a defense that a person failed to 
notify the department of public safety of a change of name or 
address as required under section 171.11. 
    (c) The department of public safety shall prescribe a form 
setting forth the written notice to be provided to the driver or 
owner.  The department shall, upon request, provide a sample of 
the form to any law enforcement agency.  The notice shall 
specify the place to which provide that the driver or owner must 
produce the proof of insurance to the law enforcement agency, at 
the place specified in the notice.  The notice shall also state: 
    (1) that Minnesota law requires every driver and owner to 
produce an insurance identification card, insurance policy, or 
written statement indicating that the vehicle had insurance at 
the time of an officer's demand within 14 ten days of the 
demand, provided, however, that a driver who does not own the 
vehicle shall provide the name and address of the owner; 
    (2) that if the driver fails to produce the information 
within 14 ten days from the date of demand or if the owner fails 
to produce the information within 14 ten days of receipt of the 
notice from the peace officer, the commissioner of public safety 
shall revoke the person's driver's license or permit to drive, 
or nonresident operating privileges for a minimum of 30 days, 
and shall revoke the registration of the vehicle; 
    (3) that any person who displays or causes another to 
display an insurance identification card, insurance policy, or 
written statement, knowing that the insurance is not in force, 
is guilty of a misdemeanor; and 
    (4) that any person who alters or makes a fictitious 
identification card, insurance policy, or written statement, or 
knowingly displays an altered or fictitious identification card, 
insurance policy, or written statement, is guilty of a 
misdemeanor. 
    Subd. 6.  [REPORT TO THE COMMISSIONER OF PUBLIC SAFETY.] If 
a driver fails to produce the required proof of insurance or 
name and address of the owner within 14 ten days of the demand, 
the officer district court administrator shall report the 
failure to the commissioner and may send a written notice to the 
owner.  If the an owner who is not the driver fails to produce 
the required proof of insurance, or if a driver to whom a 
citation has not been issued does not provide proof of insurance 
or the owner's name and address, within 14 ten days of receipt 
of the notice, the officer law enforcement agency shall report 
the failure to the commissioner.  Failure to produce proof of 
insurance or the owner's name and address as required by this 
section must be reported to the commissioner promptly regardless 
of the status or disposition of any related criminal charges. 
    Subd. 7.  [LICENSE REVOCATION.] Upon receiving the 
notification under subdivision 6 or notification of a conviction 
for violation of section 169.791, the commissioner shall revoke 
the person's driver's license or permit to drive, or nonresident 
operating privileges.  The revocation shall be effective 
beginning 14 days after the date of notification by the district 
court administrator or officer to the department of public 
safety.  In order to be revoked, notice must have been given or 
mailed to the person, as provided in this section by the 
commissioner at least ten days before the effective date of the 
revocation.  If the person, before the effective date of the 
revocation, provides the commissioner with the proof of 
insurance or other verifiable insurance information as 
determined by the commissioner, establishing that the required 
insurance covered the vehicle at the time of the original 
demand, the revocation must not become effective.  Revocation 
based upon receipt of a notification under subdivision 6 must be 
carried out regardless of the status or disposition of any 
related criminal charge.  The person's driver's license or 
permit to drive, or nonresident operating privileges, shall be 
revoked for the longer of:  (i) 30 days the period provided in 
section 169.797, subdivision 4, paragraph (b), including any 
rules adopted under that paragraph, or (ii) until the driver or 
owner files proof of insurance with the department of public 
safety satisfactory to the commissioner of public safety.  A 
license must not be revoked more than once based upon the same 
demand for proof of insurance.  
    Subd. 7a.  [EARLY REINSTATEMENT.] A person whose license or 
permit has been revoked under subdivision 7 may obtain a new 
license or permit before the expiration of the period specified 
in subdivision 7 if the person provides to the department of 
public safety proof of insurance or other verifiable insurance 
information as determined by the commissioner, establishing that 
insurance covered the vehicle at the time of the original demand 
and that any required insurance on any vehicle registered to the 
person remains in effect.  The person shall pay the fee required 
by section 171.29, subdivision 2, paragraph (a), before 
reinstatement.  The commissioner shall make a notation on the 
person's driving record indicating that the person satisfied the 
requirements of this subdivision.  A person who knowingly 
provides false information for purposes of this subdivision is 
guilty of a misdemeanor.  
    Subd. 8.  [ADMINISTRATIVE AND JUDICIAL REVIEW.] At any time 
during a period of revocation imposed under this section, a 
driver or owner may request in writing a review of the order of 
revocation by the commissioner.  Upon receiving a request, the 
commissioner or the commissioner's designee shall review the 
order, the evidence upon which the order was based, and any 
other material information brought to the attention of the 
commissioner, and determine whether sufficient cause exists to 
sustain the order.  Within 15 days of receiving the request, the 
commissioner shall send the results of the review in writing to 
the person requesting the review.  The review provided in this 
subdivision is not subject to the contested case provisions of 
the administrative procedure act in sections 14.001 to 14.69. 
    The availability of administrative review for an order of 
revocation shall have no effect upon the availability of 
judicial review under section 171.19. 
    Subd. 9.  [NOTICE OF ACTION TO OTHER STATES.] When it has 
been finally determined that a nonresident's operating privilege 
in this state has been revoked or denied, the commissioner of 
public safety shall give information in writing of the action 
taken to the official in charge of traffic control or public 
safety of the state of the person's residence and of any state 
in which the person has a license. 
    Subd. 10.  [TERMINATION OF REVOCATION PERIOD.] Before 
reinstatement of a driver's license or permit to drive, or 
nonresident operating privileges, the driver or owner shall 
produce proof of insurance, or other form of verifiable 
insurance information as determined by the commissioner, 
indicating that the driver or owner has insurance coverage 
satisfactory to the commissioner.  The commissioner may require 
the insurance identification card provided to satisfy this 
subdivision be certified by the insurance carrier to be 
noncancelable for a period not to exceed 12 months.  The 
commissioner of public safety may also require an insurance 
identification card to be filed with respect to any and all 
vehicles required to be insured under section 65B.48 and owned 
by any person whose driving privileges have been revoked as 
provided in this section before reinstating the person's 
driver's license.  A person who knowingly provides false 
information for purposes of this subdivision is guilty of a 
misdemeanor. 
    Subd. 11.  [EXEMPTIONS.] Buses or other commercial vehicles 
operated by the metropolitan transit commission, commercial 
vehicles required to file proof of insurance pursuant to chapter 
221, and school buses as defined in section 171.01, subdivision 
21, are exempt from this section. 
    Subd. 12.  [VEHICLE REGISTRATION REVOCATION.] If a person 
whose driver's license or permit is revoked under subdivision 7 
is also the owner of the vehicle, the commissioner shall revoke 
the registration of the vehicle at the same time.  If the owner 
of the vehicle does not have a driver's license or permit to 
drive, the commissioner shall revoke the registration of the 
vehicle.  The commissioner shall reinstate registration of the 
vehicle only upon receiving proof of insurance or other 
verifiable insurance information as determined by the 
commissioner, and proof of compliance with all other 
requirements for reinstatement of motor vehicle registration, 
including payment of required fees.  
    Sec. 4.  Minnesota Statutes 1990, section 169.793, is 
amended to read: 
    169.793 [UNLAWFUL ACTS.] 
    Subdivision 1.  [ACTS.] It shall be unlawful for any person:
    (1) to issue, to display, or cause or permit to be 
displayed, or have in possession, an insurance identification 
card, policy, or written statement knowing or having reason to 
know that the insurance is not in force or is not in force as to 
the motor vehicle or motorcycle in question; 
    (2) to alter or make a fictitious insurance identification 
card, policy, or written statement; and 
    (3) to display an altered or fictitious insurance 
identification card, insurance policy, or written statement 
knowing or having reason to know that the proof has been altered 
or is fictitious. 
    Subd. 2.  [PENALTY.] Any person who violates any of the 
provisions of subdivision 1 is guilty of a misdemeanor.  In 
addition to any sentence of imprisonment that the court may 
impose, the court shall impose a fine of not less than $200 nor 
more than the maximum fine applicable to misdemeanors.  The 
court may allow community service in lieu of any fine imposed if 
the defendant is indigent. 
    Sec. 5.  Minnesota Statutes 1991 Supplement, section 
169.795, is amended to read: 
    169.795 [RULES.] 
    The commissioner of public safety shall adopt rules 
necessary to implement sections 168.041, subdivisions 1a and 
subdivision 4; 169.09, subdivision 14; and 169.791 to 169.796.  
     Sec. 6.  Minnesota Statutes 1990, section 169.796, is 
amended to read: 
    169.796 [VERIFICATION OF INSURANCE COVERAGE.] 
    Subdivision 1.  [RELEASE OF INFORMATION.] An insurance 
company shall release information to the department of public 
safety or the law enforcement authorities necessary to the 
verification of insurance coverage.  An insurance company or its 
agent acting on its behalf, or an authorized person who releases 
the above information, whether oral or written, acting in good 
faith, is immune from any liability, civil or criminal, arising 
in connection with the release of the information. 
    Subd. 2.  [RECEIPT OF DATA BY ELECTRONIC TRANSFER.] The 
commissioner may, in the commissioner's discretion, agree to 
receive by electronic transfer any information required by this 
chapter to be provided to the commissioner by an insurance 
company. 
    Sec. 7.  [169.797] [PENALTIES FOR FAILURE TO PROVIDE 
SECURITY FOR BASIC REPARATION BENEFITS.] 
    Subdivision 1.  [TORT LIABILITY.] Every owner of a vehicle 
for which security has not been provided as required by section 
65B.48, shall not by the provisions of this chapter be relieved 
of tort liability arising out of the operation, ownership, 
maintenance, or use of the vehicle. 
    Subd. 2.  [VIOLATION BY OWNER.] Any owner of a vehicle with 
respect to which security is required under sections 65B.41 to 
65B.71 who operates the vehicle or permits it to be operated 
upon a public highway, street, or road in this state and who 
knows or has reason to know that the vehicle does not have 
security complying with the terms of section 65B.48 is guilty of 
a crime and shall be sentenced as provided in subdivision 4.  
    Subd. 3.  [VIOLATION BY DRIVER.] Any other person who 
operates a vehicle upon a public highway, street, or road in 
this state who knows or has reason to know that the owner does 
not have security complying with the terms of section 65B.48 in 
full force and effect is guilty of a crime and shall be 
sentenced as provided in subdivision 4. 
    Subd. 3a.  [FALSE STATEMENTS.] Any owner of a vehicle who 
falsely claims to have a plan of reparation security in effect 
at the time of registration of a vehicle pursuant to section 
65B.48 is guilty of a crime and shall be sentenced as provided 
in subdivision 4. 
    Subd. 4.  [PENALTY.] (a) A person who violates this section 
is guilty of a misdemeanor.  A person is guilty of a gross 
misdemeanor who violates this section within ten years of the 
first of two prior convictions under this section, section 
169.791, or a statute or ordinance in conformity with one of 
those sections.  The operator of a vehicle who violates 
subdivision 3 and who causes or contributes to causing a vehicle 
accident that results in the death of any person or in 
substantial bodily harm to any person, as defined in section 
609.02, subdivision 7a, is guilty of a gross misdemeanor.  The 
same prosecuting authority who is responsible for prosecuting 
misdemeanor violations of this section is responsible for 
prosecuting gross misdemeanor violations of this section.  In 
addition to any sentence of imprisonment that the court may 
impose on a person convicted of violating this section, the 
court shall impose a fine of not less than $200 nor more than 
the maximum amount authorized by law.  The court may allow 
community service in lieu of any fine imposed if the defendant 
is indigent. 
    (b) In addition to the criminal penalty, the driver's 
license of an operator convicted under this section shall be 
revoked for not more than 12 months.  If the operator is also an 
owner of the vehicle, the registration of the vehicle shall also 
be revoked for not more than 12 months.  Before reinstatement of 
a driver's license or registration, the operator shall file with 
the commissioner of public safety the written certificate of an 
insurance carrier authorized to do business in this state 
stating that security has been provided by the operator as 
required by section 65B.48. 
    (c) The commissioner shall include a notice of the 
penalties contained in this section on all forms for 
registration of vehicles required to maintain a plan of 
reparation security. 
    Subd. 4a.  [REVOCATION OF REGISTRATION AND SUSPENSION OF 
LICENSE.] The commissioner of public safety shall revoke the 
registration of any vehicle and may suspend the driver's license 
of any operator, without preliminary hearing upon a showing by 
department records, including accident reports required to be 
submitted by section 169.09, or other sufficient evidence that 
security required by section 65B.48 has not been provided and 
maintained.  Before reinstatement of the registration, there 
shall be filed with the commissioner of public safety the 
written certificate of an insurance carrier authorized to do 
business in the state stating that security has been provided as 
required by section 65B.48.  The commissioner of public safety 
may require the certificate of insurance provided to satisfy 
this subdivision to be certified by the insurance carrier to be 
noncancelable for a period not to exceed one year.  The 
commissioner of public safety may also require a certificate of 
insurance to be filed with respect to all vehicles required to 
be insured under section 65B.48 and owned by any person whose 
driving privileges have been suspended or revoked as provided in 
this section before reinstating the person's driver's license. 
    Subd. 5.  [NONRESIDENTS.] When a nonresident's operating 
privilege is suspended pursuant to this section, the 
commissioner of public safety or a designee shall transmit a 
copy of the record of the action to the official in charge of 
the issuance of licenses in the state in which the nonresident 
resides. 
    Subd. 6.  [LICENSE SUSPENSION.] Upon receipt of 
notification that the operating privilege of a resident of this 
state has been suspended or revoked in any other state pursuant 
to a law providing for its suspension or revocation for failure 
to deposit security for the payment of judgments arising out of 
a vehicle accident, or for failure to provide security covering 
a vehicle if required by the laws of that state, the 
commissioner of public safety shall suspend the operator's 
license of the resident until the resident furnishes evidence of 
compliance with the laws of this state and if applicable the 
laws of the other state. 
    Sec. 8.  [169.798] [RULES OF COMMISSIONER OF PUBLIC 
SAFETY.] 
    Subdivision 1.  [AUTHORITY.] The commissioner of public 
safety shall have the power and perform the duties imposed by 
sections 65B.41 to 65B.71, this section, and sections 169.797 
and 169.799, and may adopt rules to implement and provide 
effective administration of the provisions requiring security 
and governing termination of security. 
    Subd. 2.  [EVIDENCE OF SECURITY REQUIRED.] The commissioner 
of public safety may by rule provide that vehicles owned by 
certain persons may not be registered in this state unless 
satisfactory evidence is furnished that security has been 
provided as required by section 65B.48.  If a person who is 
required to furnish evidence ceases to maintain security, the 
person shall immediately surrender the registration certificate 
and license plates for the vehicle.  These requirements may be 
imposed if: 
    (1) The registrant has not previously registered a vehicle 
in this state; or 
    (2) An owner or operator of the vehicle has previously 
failed to comply with the security requirements of sections 
65B.41 to 65B.71 or of prior law; or 
    (3) The driving record of an owner or operator of the 
vehicle evidences a continuing disregard of the laws of this 
state enacted to protect the public safety; or 
    (4) Other circumstances indicate that action is necessary 
to effectuate the purposes of sections 65B.41 to 65B.71. 
    Subd. 3.  [SECURITY NOT REQUIRED.] No owner of a boat, 
snowmobile, or utility trailer registered for a gross weight of 
3,000 pounds or less shall be required by the commissioner of 
public safety to furnish evidence that the security required by 
section 65B.48 has been provided. 
    Sec. 9.  [169.799] [OBLIGOR'S NOTIFICATION OF LAPSE, 
CANCELLATION, OR FAILURE TO RENEW POLICY OF COVERAGE.] 
    If the required plan of reparation security of an owner or 
named insured is canceled, and notification of such fact is 
given to the insured as required by section 65B.19, a copy of 
such notice shall within 30 days after coverage has expired be 
sent to the commissioner of public safety.  If, on or before the 
end of that 30-day period, the insured owner of a vehicle has 
not presented the commissioner of public safety or an authorized 
agent with evidence of required security which shall have taken 
effect upon the expiration of the previous coverage, or if the 
insured owner or registrant has not instituted an objection to 
the obligor's cancellation under section 65B.21, within the time 
limitations therein specified, the insured owner or registrant 
shall immediately surrender the registration certificate and 
vehicle license plates to the commissioner of public safety and 
may not operate or permit operation of the vehicle in this state 
until security is again provided and proof of security furnished 
as required by sections 65B.41 to 65B.71. 
    Sec. 10.  Minnesota Statutes 1990, section 171.19, is 
amended to read: 
    171.19 [PETITION FOR REINSTATEMENT OF LICENSES.] 
    Any person whose driver's license has been refused, 
revoked, suspended, or canceled by the commissioner, except 
where the license is revoked under section 169.123, may file a 
petition for a hearing in the matter in the district court in 
the county wherein such person shall reside and, in the case of 
a nonresident, in the district court in any county, and such 
court is hereby vested with jurisdiction, and it shall be its 
duty, to set the matter for hearing upon 15 days' written notice 
to the commissioner, and thereupon to take testimony and examine 
into the facts of the case to determine whether the petitioner 
is entitled to a license or is subject to revocation, 
suspension, cancellation, or refusal of license, under the 
provisions of this chapter, and shall render judgment 
accordingly.  The petition shall be heard by the court without a 
jury and may be heard in or out of term.  The commissioner may 
appear in person, or by agents or representatives, and may 
present evidence upon the hearing by affidavit personally, by 
agents, or by representatives.  The petitioner may present 
evidence by affidavit, except that the petitioner must be 
present in person at such hearing for the purpose of 
cross-examination.  In the event the department shall be 
sustained in these proceedings, the petitioner shall have no 
further right to make further petition to any court for the 
purpose of obtaining a driver's license until after the 
expiration of one year after the date of such hearing.  
    Sec. 11.  Minnesota Statutes 1991 Supplement, section 
171.29, subdivision 1, is amended to read: 
    Subdivision 1.  [EXAMINATION REQUIRED.] No person whose 
driver's license has been revoked by reason of conviction, plea 
of guilty, or forfeiture of bail not vacated, under 
section 169.791, 169.797, or 171.17 or 65B.67, or revoked under 
section 169.123 or 169.792 shall be issued another license 
unless and until that person shall have successfully passed an 
examination as required for an initial license.  This 
subdivision does not apply to an applicant for early 
reinstatement under section 169.792, subdivision 7a. 
    Sec. 12.  Minnesota Statutes 1991 Supplement, section 
171.30, subdivision 1, is amended to read: 
    Subdivision 1.  [CONDITIONS OF ISSUANCE.] In any case where 
a person's license has been suspended under section 171.18 or 
revoked under section 65B.67, 169.121, 169.123, 
169.792, 169.797, or 171.17, the commissioner may issue a 
limited license to the driver including under the following 
conditions:  
    (1) if the driver's livelihood or attendance at a chemical 
dependency treatment or counseling program depends upon the use 
of the driver's license; 
    (2) if the use of a driver's license by a homemaker is 
necessary to prevent the substantial disruption of the 
education, medical, or nutritional needs of the family of the 
homemaker; or 
    (3) if attendance at a post-secondary institution of 
education by an enrolled student of that institution depends 
upon the use of the driver's license.  
    The commissioner in issuing a limited license may impose 
such conditions and limitations as in the commissioner's 
judgment are necessary to the interests of the public safety and 
welfare including reexamination as to the driver's 
qualifications.  The license may be limited to the operation of 
particular vehicles, to particular classes and times of 
operation and to particular conditions of traffic.  The 
commissioner may require that an applicant for a limited license 
affirmatively demonstrate that use of public transportation or 
carpooling as an alternative to a limited license would be a 
significant hardship.  
    For purposes of this subdivision, "homemaker" refers to the 
person primarily performing the domestic tasks in a household of 
residents consisting of at least the person and the person's 
dependent child or other dependents. 
    The limited license issued by the commissioner shall 
clearly indicate the limitations imposed and the driver 
operating under the limited license shall have the license in 
possession at all times when operating as a driver. 
    In determining whether to issue a limited license, the 
commissioner shall consider the number and the seriousness of 
prior convictions and the entire driving record of the driver 
and shall consider the number of miles driven by the driver 
annually. 
    If the person's driver's license or permit to drive, or 
nonresident operating privileges, have has been revoked under 
section 65B.67 or 169.792, the commissioner may only issue a 
limited license to the person after the person has presented an 
insurance identification card, policy, or written statement 
indicating that the driver or owner has insurance coverage 
satisfactory to the commissioner of public safety.  The 
commissioner of public safety may require the insurance 
identification card provided to satisfy this subdivision be 
certified by the insurance company to be noncancelable for a 
period not to exceed 12 months. 
    Sec. 13.  [INSTRUCTION TO REVISOR.] 
    Subdivision 1.  [CROSS-REFERENCES.] The revisor of statutes 
shall make necessary cross-reference changes in statutes and 
rules, consistent with the renumbering and recodification of 
sections 65B.67 as 169.797, 65B.68 as 169.798, and 65B.69 as 
169.799. 
     Subd. 2.  [REORDERING.] The revisor of statutes shall 
reorder the paragraphs of section 169.791, subdivision 1, as 
amended by this act, so that the definitions appear in 
alphabetical order.  The revisor shall also make necessary 
cross-reference changes in statutes and rules consistent with 
the reordering.  
    Sec. 14.  [REPEALER.] 
    Minnesota Statutes 1990, sections 65B.67; 65B.68; 65B.69; 
and 169.792, subdivision 9; and Minnesota Statutes 1991 
Supplement, section 168.041, subdivision 1a, are repealed. 
    Sec. 15.  [APPROPRIATION.] 
    $66,000 is appropriated from the trunk highway fund to the 
commissioner of public safety to cover the additional 
expenditures required by this article, to be added to the 
appropriation in Laws 1991, chapter 233, section 5, subdivision 
8, for fiscal year 1993. 
    The approved complement of the department of public safety 
is increased by one position. 
    Sec. 16.  [EFFECTIVE DATE.] 
    Sections 1 to 14 are effective January 1, 1993. 

                               ARTICLE 15

                           LAW ENFORCEMENT AND

                              PUBLIC SAFETY
    Section 1.  [169.7995] [CRIMINAL PENALTY FOR FAILURE TO 
PRODUCE RENTAL OR LEASE AGREEMENT.] 
    Subdivision 1.  [DEFINITION.] As used in this section: 
    (1) "rental or lease agreement" means a written agreement 
to rent or lease a motor vehicle that contains the name, 
address, and driver's license number of the renter or lessee; 
and 
    (2) "person" has the meaning given the term in section 
645.44, subdivision 7. 
    Subd. 2.  [REQUIREMENT.] Every person who rents or leases a 
motor vehicle in this state for a time period of less than 180 
days shall have the rental or lease agreement covering the 
vehicle in possession at all times when operating the vehicle 
and shall produce it upon the demand of a peace officer.  If the 
person is unable to produce the rental or lease agreement upon 
the demand of a peace officer, the person shall, within 14 days 
after the demand, produce the rental or lease agreement to the 
place stated in the notice provided by the peace officer.  The 
rental or lease agreement may be mailed by the person as long as 
it is received within 14 days. 
    Subd. 3.  [PENALTY.] A person who fails to produce a rental 
or lease agreement as required by this section is guilty of a 
misdemeanor.  The peace officer may mail the citation to the 
address given by the person or to the address stated on the 
driver's license, and this service by mail is valid 
notwithstanding section 629.34.  It is not a defense that the 
person failed to notify the department of public safety of a 
change of name or address as required under section 171.11.  The 
citation may be sent after the 14-day period. 
    Subd. 4.  [FALSE OR FICTITIOUS RENTAL OR LEASE 
AGREEMENT.] It is a misdemeanor for any person to alter or make 
a fictitious rental or lease agreement, or to display an altered 
or fictitious rental or lease agreement knowing or having reason 
to know the agreement is altered or fictitious. 
    Sec. 2.  Minnesota Statutes 1990, section 259.11, is 
amended to read: 
    259.11 [ORDER; FILING COPIES.] 
    (a) Upon meeting the requirements of section 259.10, the 
court shall grant the application unless it finds that there is 
an intent to defraud or mislead or in the case of the change of 
a minor child's name, the court finds that such name change is 
not in the best interests of the child.  The court shall set 
forth in the order the name and age of the applicant's spouse 
and each child of the applicant, if any, and shall state a 
description of the lands, if any, in which the applicant and the 
spouse and children, if any, claim to have an interest.  The 
clerk shall file such order, and record the same in the judgment 
book.  If lands be described therein, a certified copy of the 
order shall be filed for record, by the applicant, with the 
county recorder of each county wherein any of the same are 
situated.  Before doing so the clerk shall present the same to 
the county auditor who shall enter the change of name in the 
auditor's official records and note upon the instrument, over an 
official signature, the words "change of name recorded."  Any 
such order shall not be filed, nor any certified copy thereof be 
issued, until the applicant shall have paid to the county 
recorder and clerk the fee required by law.  No application 
shall be denied on the basis of the marital status of the 
applicant. 
    (b) When a person applies for a name change, the court 
shall determine whether the person has been convicted of a 
felony in this or any other state.  If so, the court shall, 
within ten days after the name change application is granted, 
report the name change to the bureau of criminal apprehension.  
The person whose name is changed shall also report the change to 
the bureau of criminal apprehension within ten days.  The court 
granting the name change application must explain this reporting 
duty in its order.  Any person required to report the person's 
name change to the bureau of criminal apprehension who fails to 
report the name change as required under this paragraph is 
guilty of a gross misdemeanor. 
    Sec. 3.  Minnesota Statutes 1991 Supplement, section 
481.10, is amended to read: 
    481.10 [CONSULTATION WITH PERSONS RESTRAINED.] 
    All officers or persons having in their custody a person 
restrained of liberty upon any charge or cause alleged, except 
in cases where imminent danger of escape exists, shall admit any 
resident attorney retained by or in behalf of the person 
restrained, or whom the restrained person may desire to consult, 
to a private interview at the place of custody.  Such 
custodians, upon request of the person restrained, as soon as 
practicable, and before other proceedings shall be had, shall 
notify any the attorney residing in the county of the request 
for a consultation with the attorney.  At all times through the 
period of custody, whether or not the person restrained has been 
charged, tried, convicted, or is serving an executed sentence, 
reasonable telephone access to the attorney shall be provided to 
the person restrained at no charge to the attorney or to the 
person restrained.  Every officer or person who shall violate 
any provision of this section shall be guilty of a misdemeanor 
and, in addition to the punishment prescribed therefor shall 
forfeit $100 to the person aggrieved, to be recovered in a civil 
action.  
    Sec. 4.  Minnesota Statutes 1990, section 611.271, is 
amended to read: 
    611.271 [COPIES OF DOCUMENTS; FEES.] 
    The court administrators of all courts, the prosecuting 
attorneys of counties and municipalities, and the law 
enforcement agencies of the state and its political subdivisions 
shall furnish, upon the request of the district public defender 
or the state public defender, copies of any documents, including 
police reports, in their possession at no charge to the public 
defender. 
    Sec. 5.  Minnesota Statutes 1990, section 624.7131, 
subdivision 1, is amended to read: 
    Subdivision 1.  [INFORMATION.] Any person may apply for a 
pistol transferee permit by providing the following information 
in writing to the chief of police of an organized full time 
police department of the municipality in which the person 
resides or to the county sheriff if there is no such local chief 
of police: 
    (a) The name, residence, telephone number and driver's 
license number or nonqualification certificate number, if any, 
of the proposed transferee; 
    (b) The sex, date of birth, height, weight and color of 
eyes, and distinguishing physical characteristics, if any, of 
the proposed transferee; and 
    (c) A statement by the proposed transferee that the 
proposed transferee is not prohibited by section 624.713 from 
possessing a pistol. 
    The statement shall be signed by the person applying for a 
permit.  At the time of application, the local police authority 
shall provide the applicant with a dated receipt for the 
application. 
    Sec. 6.  Minnesota Statutes 1990, section 624.7131, 
subdivision 6, is amended to read: 
    Subd. 6.  [PERMITS VALID STATEWIDE; RENEWAL.] Transferee 
permits issued pursuant to this section are valid statewide and 
shall expire after one year.  A transferee permit may be renewed 
in the same manner and subject to the same provisions by which 
the original permit was obtained, except that all renewed 
permits must comply with the standards adopted by the 
commissioner of public safety under section 624.7151.  Permits 
issued pursuant to this section are not transferable.  A person 
who transfers a permit in violation of this subdivision is 
guilty of a misdemeanor. 
    Sec. 7.  Minnesota Statutes 1990, section 624.7132, 
subdivision 1, is amended to read: 
    Subdivision 1.  [REQUIRED INFORMATION.] Except as provided 
in this section and section 624.7131, every person who agrees to 
transfer a pistol shall report the following information in 
writing to the chief of police of the organized full-time police 
department of the municipality where the agreement is made or to 
the appropriate county sheriff if there is no such local chief 
of police: 
    (a) The name, residence, telephone number and driver's 
license number or nonqualification certificate number, if any, 
of the proposed transferee; 
    (b) The sex, date of birth, height, weight and color of 
eyes, and distinguishing physical characteristics, if any, of 
the proposed transferee; 
    (c) A statement by the proposed transferee that the 
transferee is not prohibited by section 624.713 from possessing 
a pistol; and 
    (d) The address of the place of business of the transferor. 
    The report shall be signed by the transferor and the 
proposed transferee.  The report shall be delivered by the 
transferor to the chief of police or sheriff no later than three 
days after the date of the agreement to transfer, excluding 
weekends and legal holidays. 
    Sec. 8.  Minnesota Statutes 1990, section 624.714, 
subdivision 3, is amended to read: 
    Subd. 3.  [CONTENTS.] Applications for permits to carry 
shall set forth the name, residence, date of birth, height, 
weight, color of eyes and hair, sex and distinguishing physical 
characteristics, if any, of the applicant in writing the 
following information: 
    (1) the name, residence, telephone number, and driver's 
license number or nonqualification certificate number, if any, 
of the applicant; 
    (2) the sex, date of birth, height, weight, and color of 
eyes and hair, and distinguishing physical characteristics, if 
any, of the applicant; 
    (3) a statement by the applicant that the applicant is not 
prohibited by section 624.713 from possessing a pistol; and 
    (4) a recent color photograph of the applicant. 
The application shall be signed by the applicant. 
    Sec. 9.  Minnesota Statutes 1990, section 624.714, 
subdivision 7, is amended to read: 
    Subd. 7.  [RENEWAL.] Permits to carry a pistol issued 
pursuant to this section shall expire after one year and shall 
thereafter be renewed in the same manner and subject to the same 
provisions by which the original permit was obtained, except 
that all renewed permits must comply with the standards adopted 
by the commissioner of public safety under section 11. 
    Sec. 10.  [624.7151] [STANDARDIZED FORMS.] 
    By December 1, 1992, the commissioner of public safety 
shall adopt statewide standards governing the form and contents, 
as required by sections 624.7131 to 624.714, of every 
application for a pistol transferee permit, pistol transferee 
permit, report of transfer of a pistol, application for a permit 
to carry a pistol, and permit to carry a pistol that is granted 
or renewed on or after January 1, 1993.  The adoption of these 
standards is not subject to the rulemaking provisions of chapter 
14. 
    Every application for a pistol transferee permit, pistol 
transferee permit, report of transfer of a pistol, application 
for a permit to carry a pistol, and permit to carry a pistol 
that is received, granted, or renewed by a police chief or 
county sheriff on or after January 1, 1993, must meet the 
statewide standards adopted by the commissioner of public safety.
Notwithstanding the previous sentence, neither failure of the 
department of public safety to adopt standards nor failure of 
the police chief or county sheriff to meet them shall delay the 
timely processing of applications nor invalidate permits issued 
on other forms meeting the requirements of sections 624.7131 to 
624.714. 
     Sec. 11.  [624.7161] [FIREARMS DEALERS; CERTAIN SECURITY 
MEASURES REQUIRED.] 
    Subdivision 1.  [DEFINITIONS.] (a) For purposes of this 
section, the following terms have the meanings given. 
    (b) "Firearms dealer" means a dealer federally licensed to 
sell pistols who operates a retail business in which pistols are 
sold from a permanent business location other than the dealer's 
home. 
    (c) "Small firearms dealer" means a firearms dealer who 
operates a retail business at which no more than 50 pistols are 
displayed for sale at any time. 
    (d) "Large firearms dealer" means a firearms dealer who 
operates a retail business at which more than 50 pistols are 
displayed for sale at any time. 
    Subd. 2.  [SECURITY MEASURES REQUIRED.] After business 
hours when the dealer's place of business is unattended, a small 
firearms dealer shall place all pistols that are located in the 
dealer's place of business in a locked safe or locked steel gun 
cabinet, or on a locked, hardened steel rod or cable that runs 
through the pistol's trigger guards.  The safe, gun cabinet, 
rod, or cable must be anchored to prevent its removal from the 
premises. 
    Subd. 3.  [SECURITY STANDARDS.] The commissioner of public 
safety shall adopt standards specifying minimum security 
requirements for small and large firearms dealers.  By January 
1, 1993, all firearms dealers shall comply with the standards.  
The standards may provide for: 
    (1) alarm systems for small and large firearms dealers; 
    (2) site hardening and other necessary and effective 
security measures required for large firearms dealers; 
    (3) a system of inspections, during normal business hours, 
by local law enforcement officials for compliance with the 
standards; and 
    (4) other reasonable requirements necessary and effective 
to reduce the risk of burglaries at firearms dealers' business 
establishments. 
    Sec. 12.  Minnesota Statutes 1990, section 626.5531, 
subdivision 1, is amended to read: 
    Subdivision 1.  [REPORTS REQUIRED.] A peace officer must 
report to the head of the officer's department every violation 
of chapter 609 or a local criminal ordinance if the officer has 
reason to believe, or if the victim alleges, that the offender 
was motivated to commit the act by the victim's race, religion, 
national origin, sex, age, disability, or characteristics 
identified as sexual orientation.  The superintendent of the 
bureau of criminal apprehension shall adopt a reporting form to 
be used by law enforcement agencies in making the reports 
required under this section.  The reports must include for each 
incident all of the following: 
    (1) the date of the offense; 
    (2) the location of the offense; 
    (3) whether the target of the incident is a person, private 
property, or public property; 
    (4) the crime committed; 
    (5) the type of bias and information about the offender and 
the victim that is relevant to that bias; 
    (6) any organized group involved in the incident; 
    (7) the disposition of the case; and 
    (8) whether the determination that the offense was 
motivated by bias was based on the officer's reasonable belief 
or on the victim's allegation; and 
    (9) any additional information the superintendent deems 
necessary for the acquisition of accurate and relevant data. 
     Sec. 13.  Minnesota Statutes 1990, section 626.843, 
subdivision 1, is amended to read: 
    Subdivision 1.  [RULES REQUIRED.] The board shall adopt 
rules with respect to: 
    (a) The certification of peace officer training schools, 
programs, or courses including training schools for the 
Minnesota state patrol.  Such schools, programs and courses 
shall include those administered by the state, county, school 
district, municipality, or joint or contractual combinations 
thereof, and shall include preparatory instruction in law 
enforcement and minimum basic training courses; 
    (b) Minimum courses of study, attendance requirements, and 
equipment and facilities to be required at each certified peace 
officers training school located within the state; 
    (c) Minimum qualifications for instructors at certified 
peace officer training schools located within this state; 
    (d) Minimum standards of physical, mental, and educational 
fitness which shall govern the recruitment and licensing of 
peace officers within the state, by any state, county, 
municipality, or joint or contractual combination thereof, 
including members of the Minnesota state patrol; 
    (e) Minimum standards of conduct which would affect the 
individual's performance of duties as a peace officer; 
     These standards shall be established and published on or 
before July 1, 1979. 
     (f) Minimum basic training which peace officers appointed 
to temporary or probationary terms shall complete before being 
eligible for permanent appointment, and the time within which 
such basic training must be completed following any such 
appointment to a temporary or probationary term; 
     (g) Minimum specialized training which part-time peace 
officers shall complete in order to be eligible for continued 
employment as a part-time peace officer or permanent employment 
as a peace officer, and the time within which the specialized 
training must be completed; 
     (h) Content of minimum basic training courses required of 
graduates of certified law enforcement training schools or 
programs.  Such courses shall not duplicate the content of 
certified academic or general background courses completed by a 
student but shall concentrate on practical skills deemed 
essential for a peace officer.  Successful completion of such a 
course shall be deemed satisfaction of the minimum basic 
training requirement; 
     (i) Grading, reporting, attendance and other records, and 
certificates of attendance or accomplishment; 
     (j) The procedures to be followed by a part-time peace 
officer for notifying the board of intent to pursue the 
specialized training for part-time peace officers who desire to 
become peace officers pursuant to clause (g), and section 
626.845, subdivision 1, clause (g); 
    (k) The establishment and use by any political subdivision 
or state law enforcement agency which employs persons licensed 
by the board of procedures for investigation and resolution of 
allegations of misconduct by persons licensed by the board.  The 
procedures shall be in writing and shall be established on or 
before October 1, 1984; 
    (l) The issues that must be considered by each political 
subdivision and state law enforcement agency that employs 
persons licensed by the board in establishing procedures under 
section 626.5532 to govern the conduct of peace officers who are 
in pursuit of a vehicle being operated in violation of section 
609.487, and requirements for the training of peace officers in 
conducting pursuits.  The adoption of specific procedures and 
requirements is within the authority of the political 
subdivision or agency; and 
    (m) Supervision of part-time peace officers and 
requirements for documentation of hours worked by a part-time 
peace officer who is on active duty.  These rules shall be 
adopted by December 31, 1993; and 
    (n) Such other matters as may be necessary consistent with 
sections 626.84 to 626.855.  Rules promulgated by the attorney 
general with respect to these matters may be continued in force 
by resolution of the board if the board finds the rules to be 
consistent with sections 626.84 to 626.855. 
    Sec. 14.  Minnesota Statutes 1990, section 626.8451, is 
amended to read: 
    626.8451 [TRAINING IN IDENTIFYING AND RESPONDING TO CERTAIN 
CRIMES MOTIVATED BY BIAS.] 
    Subdivision 1.  [TRAINING COURSE; CRIMES MOTIVATED BY 
BIAS.] The board must prepare a training course to assist peace 
officers in identifying and responding to crimes motivated by 
the victim's race, religion, national origin, sex, age, 
disability, or characteristics identified as sexual 
orientation.  The course must include material to help officers 
distinguish bias crimes from other crimes, to help officers in 
understanding and assisting victims of these crimes, and to 
ensure that bias crimes will be accurately reported as required 
under section 626.5531.  The course must be updated periodically 
as the board considers appropriate. 
     Subd. 1a.  [TRAINING COURSE; CRIMES OF VIOLENCE.] In 
consultation with the crime victim and witness advisory council 
and the school of law enforcement, the board shall prepare a 
training course to assist peace officers in responding to crimes 
of violence and to enhance peace officer sensitivity in 
interacting with and assisting crime victims.  The course must 
include information about: 
    (1) the needs of victims of these crimes and the most 
effective and sensitive way to meet those needs or arrange for 
them to be met; 
    (2) the extent and causes of crimes of violence, including 
physical and sexual abuse, physical violence, and neglect; 
    (3) the identification of crimes of violence and patterns 
of violent behavior; and 
    (4) culturally responsive approaches to dealing with 
victims and perpetrators of violence. 
    Subd. 2.  [PRESERVICE TRAINING REQUIREMENT.] An individual 
may not be licensed as a peace officer after August 1, 1990, 
unless the individual has received the training described in 
subdivision 1.  An individual is not eligible to take the peace 
officer licensing examination after August 1, 1994, unless the 
individual has received the training described in subdivision 1a.
    Subd. 3.  [IN-SERVICE TRAINING; BOARD REQUIREMENTS.] The 
board must provide to chief law enforcement officers 
instructional materials patterned after the materials developed 
by the board under subdivision subdivisions 1 and 1a.  These 
materials must meet board requirements for continuing education 
credit and be updated periodically as the board considers 
appropriate.  The board must also seek funding for an 
educational conference to inform and sensitize chief law 
enforcement officers and other interested persons to the law 
enforcement issues associated with bias crimes and crimes of 
violence.  If funding is obtained, the board may sponsor the 
educational conference on its own or with other public or 
private entities. 
    Subd. 4.  [IN-SERVICE TRAINING; CHIEF LAW ENFORCEMENT 
OFFICER REQUIREMENTS.] A chief law enforcement officer must 
inform all peace officers within the officer's agency of (1) the 
requirements of section 626.5531, (2) the availability of the 
instructional materials provided by the board under subdivision 
3, and (3) the availability of continuing education credit for 
the completion of these materials.  The chief law enforcement 
officer must also encourage these peace officers to review or 
complete the materials. 
     Sec. 15.  Minnesota Statutes 1990, section 626.8465, 
subdivision 1, is amended to read: 
    Subdivision 1.  [SUPERVISION OF POWERS AND DUTIES.] No law 
enforcement agency shall utilize the services of a part-time 
peace officer unless the part-time peace officer exercises the 
part-time peace officer's powers and duties under the 
supervision, directly or indirectly of a licensed peace officer 
designated by the chief law enforcement officer.  Supervision 
also may be via radio communications.  With the consent of the 
county sheriff, the designated supervising officer may be a 
member of the county sheriff's department. 
    Sec. 16.  [ADVISORY TASK FORCE.] 
    The commissioner of public safety shall appoint a task 
force to recommend firearms dealers' security standards as 
required by section 11.  The task force shall consist of 
appropriate interested persons, including firearms dealers and 
crime prevention officers.  The task force shall recommend 
standards by September 1, 1992, and the commissioner shall adopt 
standards by October 1, 1992. 
    Sec. 17.  [EFFECTIVE DATE.] 
    Section 16 is effective the day following final enactment.  
Sections 1 and 2 are effective August 1, 1992, and apply to 
crimes committed on or after that date. 

                               ARTICLE 16 

                       CAMPUS SAFETY AND SECURITY 
    Section 1.  [VIOLENCE AND SEXUAL HARASSMENT.] 
    Subdivision 1.  [PLANS.] Each public and private 
post-secondary institution, as defined in Minnesota Statutes, 
section 136A.101, subdivision 4, shall prepare and begin to 
implement plans to avoid problems of violence and sexual 
harassment on campus.  The plans shall indicate the current 
status of the components in subdivision 2, the means to improve 
that status, a timeline for implementation of the improvements, 
and an estimated cost of implementing each improvement. 
    Subd. 2.  [COMPONENTS.] Each campus plan shall address at 
least the following components: 
    (1) security such as type and level of security systems on 
campus, including physical plant, escort services, and other 
human resources; and 
    (2) training such as programs or other efforts to provide 
mandatory training to faculty, staff, and students regarding 
campus policies and procedures relating to incidents of violence 
and sexual harassment and the extent and causes of violence. 
    Subd. 3.  [IMPLEMENTATION.] Each campus shall present its 
plan to its governing board by November 15, 1992.  Each 
governing board shall review the plans with campus 
administrators and report the plans by January 15, 1993, to the 
higher education coordinating board and the attorney general for 
review and comment.  Each campus shall begin implementation of 
its plans following the approval of its governing board and 
review by the higher education coordinating board and the 
attorney general.  Except for capital improvements, full 
implementation must be accomplished by the beginning of the 
1994-1995 academic year. 
    Subd. 4.  [REPORT.] The higher education coordinating board 
and the attorney general shall report their review and comment 
on the plans to the legislature by March 15, 1993. 
    Sec. 2.  [CURRICULUM AND TRAINING ABOUT VIOLENCE AND 
ABUSE.] 
    Subdivision 1.  [SURVEY OF EFFECTIVENESS OF 
INSTRUCTION.] The higher education coordinating board shall 
conduct a random survey of recent Minnesota graduates of an 
"eligible institution," focusing on teachers, school district 
administrators, school district professional support staff, 
child protection workers, law enforcement officers, probation 
officers, parole officers, lawyers, physicians, nurses, mental 
health professionals, social workers, guidance counselors, and 
all other mental health and health care professionals who work 
with adult and child victims and perpetrators of violence and 
abuse.  The survey shall be designed to ascertain whether the 
instructional programs the graduates completed provided adequate 
instruction about: 
    (1) the extent and causes of violence and the 
identification of violence, which includes physical or sexual 
abuse or neglect, and racial or cultural violence; and 
    (2) culturally and historically sensitive approaches to 
dealing with victims and perpetrators of violence. 
    For the purpose of this section, "eligible institution" has 
the meaning given it in Minnesota Statutes, section 136A.101, 
subdivision 4. 
    Subd. 2.  [CURRENT COURSE OFFERINGS.] Each public eligible 
institution must report, and the University of Minnesota and 
each private eligible institution are requested to report, to 
the higher education coordinating board current course offerings 
and special programs relating to the issues described in 
subdivision 1, clauses (1) and (2).  At a minimum, the reports 
must be filed for those departments offering majors for students 
entering the professions described in subdivision 1. 
    Subd. 3.  [CURRICULAR RECOMMENDATION.] The higher education 
coordinating board shall convene and staff meetings of the 
boards that license occupations listed in subdivision 1, the 
University of Minnesota, the technical college, community 
college, and state university systems, and the Minnesota private 
college council.  The boards, the systems, and the council shall 
develop recommendations indicating how eligible institutions can 
strengthen curricula and special programs in the areas described 
in subdivision 1, clauses (1) and (2).  The recommendations 
shall consider the results of the random survey required by 
subdivision 1, and the review of current programs required in 
subdivision 2.  The recommendations are advisory only and are 
intended to assist the institutions in strengthening curricula 
and special programs. 
    Subd. 4.  [REPORT TO LEGISLATURE.] By February 15, 1993, 
the higher education coordinating board shall report to the 
legislature the results of the survey required by subdivision 1, 
the review of current programs required by subdivision 2, and 
the implementation plan required by subdivision 3. 
    Sec. 3.  [STAFF DEVELOPMENT USING TECHNOLOGY.] 
    The departments of education, health, human services, and 
administration shall develop recommendations about improved uses 
of interactive television and the statewide telecommunications 
access routing system (STARS) to efficiently and effectively 
provide staff development for school district licensed and 
nonlicensed staff and training programs for child protection 
workers, law enforcement officers, probation officers, parole 
officers, lawyers, physicians, nurses, mental health 
professionals, social workers, guidance counselors, and all 
other mental health and health care professionals who work with 
adult and child victims and perpetrators of violence and abuse.  
The higher education coordinating board shall convene meetings 
of the departments and coordinate efforts to develop those 
recommendations.  The recommendations shall be reported by the 
higher education coordinating board to the legislature by 
February 15, 1993. 
    Sec. 4.  [MULTIDISCIPLINARY PROGRAM GRANTS.] 
    The higher education coordinating board may award grants to 
"eligible institutions" as defined in Minnesota Statutes, 
section 136A.101, subdivision 4, to provide multidisciplinary 
training programs that provide training about: 
    (1) the extent and causes of violence and the 
identification of violence, which includes physical or sexual 
abuse or neglect, and racial or cultural violence; and 
    (2) culturally and historically sensitive approaches to 
dealing with victims and perpetrators of violence. 
    The programs shall be multidisciplinary and include 
teachers, child protection workers, law enforcement officers, 
probation officers, parole officers, lawyers, physicians, 
nurses, mental health professionals, social workers, guidance 
counselors, and all other mental health and health care 
professionals who work with adult and child victims and 
perpetrators of violence and abuse. 

                               ARTICLE 17 

                        MISCELLANEOUS PROVISIONS 
    Section 1.  Minnesota Statutes 1990, section 270A.03, 
subdivision 5, is amended to read: 
    Subd. 5.  "Debt" means a legal obligation of a natural 
person to pay a fixed and certain amount of money, which equals 
or exceeds $25 and which is due and payable to a claimant 
agency.  The term includes criminal fines imposed under section 
609.10 or 609.125 and restitution.  A debt may arise under a 
contractual or statutory obligation, a court order, or other 
legal obligation, but need not have been reduced to judgment.  
    A debt does not include any legal obligation of a current 
recipient of assistance which is based on overpayment of an 
assistance grant. 
    A debt does not include any legal obligation to pay a 
claimant agency for medical care, including hospitalization if 
the income of the debtor at the time when the medical care was 
rendered does not exceed the following amount: 
    (1) for an unmarried debtor, an income of $6,400 or less; 
    (2) for a debtor with one dependent, an income of $8,200 or 
less; 
    (3) for a debtor with two dependents, an income of $9,700 
or less; 
    (4) for a debtor with three dependents, an income of 
$11,000 or less; 
    (5) for a debtor with four dependents, an income of $11,600 
or less; and 
    (6) for a debtor with five or more dependents, an income of 
$12,100 or less.  
     The income amounts in this subdivision shall be adjusted 
for inflation for debts incurred in calendar years 1991 and 
thereafter.  The dollar amount of each income level that applied 
to debts incurred in the prior year shall be increased in the 
same manner as provided in section 290.06, subdivision 2d, for 
the expansion of the tax rate brackets. 
    Sec. 2.  Minnesota Statutes 1990, section 485.018, 
subdivision 5, is amended to read: 
    Subd. 5.  [COLLECTION OF FEES.] The court administrator of 
district court shall charge and collect all fees as prescribed 
by law and all such fees collected by the court administrator as 
court administrator of district court shall be paid to the 
county treasurer.  Except for those portions of forfeited bail 
paid to victims pursuant to existing law, the county treasurer 
shall forward all revenue from fees and forfeited bail collected 
under chapters 357 and 574 to the state treasurer for deposit in 
the state treasury and credit to the general fund, unless 
otherwise provided in chapter 611A or other law, in the manner 
and at the times prescribed by the state treasurer, but not less 
often than once each month.  If the defendant or probationer is 
located after forfeited bail proceeds have been forwarded to the 
state treasurer, the state treasurer shall reimburse the county, 
on request, for actual costs expended for extradition, 
transportation, or other costs necessary to return the defendant 
or probationer to the jurisdiction where the bail was posted, in 
an amount not more than the amount of forfeited bail.  All other 
money must be deposited in the county general fund unless 
otherwise provided by law.  The court administrator of district 
court shall not retain any additional compensation, per diem or 
other emolument for services as court administrator of district 
court, but may receive and retain mileage and expense allowances 
as prescribed by law. 

                               ARTICLE 18

                             APPROPRIATIONS
    Section 1.  [APPROPRIATIONS.] 
    The sums shown in the columns marked "APPROPRIATIONS" are 
appropriated from the general fund to the agencies and for the 
purposes specified in this article, to be available for the 
fiscal year ending June 30, 1993. 
Sec. 2.  CORRECTIONS
Total General Fund Appropriation                     $3,897,000
 Of this appropriation, $15,000 is for 
the development of standards for 
electronic monitoring devices used to 
protect victims of domestic abuse. 
 Of this appropriation, $500,000 is for 
battered women services, $300,000 is 
for domestic abuse advocacy grants, 
$400,000 is for sexual assault victim 
services, and $200,000 is for crime 
victim center grants.  Up to 2.5 
percent of the funding for victim 
services may be used for administration 
of these programs.  
 Of this appropriation, $250,000 is for 
the costs of increased supervised 
release efforts provided for in article 
1, section 7.  The complement of the 
department is increased by three 
positions for this purpose.  
 Of this appropriation, $350,000 is for 
the costs of operating a sex offender 
program at the St. Cloud correctional 
facility and for research of the 
effectiveness of the program. 
 Of this appropriation, $500,000 is for 
the costs of operating a sex offender 
program at Sauk Centre juvenile 
correctional facility and for research 
of the effectiveness of the program. 
 Of this appropriation, $150,000 is for 
the costs of developing a sex offender 
treatment fund as provided for in 
article 8, section 4.  The complement 
of the department is increased by two 
positions until July 1, 1993.  The 
commissioner shall report to the 
legislature on the development of this 
program by January 15, 1993. 
Sec. 3.  HUMAN SERVICES
Total General Fund Appropriation                      1,500,000
 Money appropriated for juvenile mental 
health screening projects may not be 
used to pay for out-of-home placement 
or to replace current funding for 
programs presently in operation. 
 The commissioner shall distribute the 
appropriation for family-based services 
as special incentive bonus payments 
under Minnesota Statutes, section 
256F.05, subdivision 4a, or as 
family-based crisis service grants 
under Minnesota Statutes, section 
256F.05, subdivision 8. 
 Of this appropriation, $200,000 is for 
children's safety center demonstration 
projects. 
Sec. 4.  EDUCATION
Total General Fund Appropriation                       2,250,000
 Up to $50,000 of this appropriation may 
be used for administration of the 
programs funded in this section.  The 
state complement of the department of 
education is increased by one position 
until July 1, 1993. 
 Up to $500,000 of this appropriation is 
for ECFE and is added to the 
appropriation in Laws 1991, chapter 
265, article 4, section 30, subdivision 
5.  In fiscal year 1993 only, a 
district receiving additional revenue 
for ECFE shall receive all the 
additional revenue as aid and shall not 
have its levy for ECFE programs 
adjusted for any of this additional 
revenue.  One hundred percent of the 
aid appropriated must be paid in fiscal 
year 1993 according to the process 
established in Minnesota Statutes, 
section 124.195, subdivision 9. 
 One hundred percent of the aid 
appropriated for violence prevention 
education grants must be paid in fiscal 
year 1993 according to the process 
established in Minnesota Statutes, 
section 124.195, subdivision 9. 
 $250,000 of this appropriation is to 
encourage the establishment of 
community violence prevention councils 
by cities, counties, and school 
boards.  Councils shall identify 
community needs and resources for 
violence prevention and development 
services that address community needs 
related to violence prevention.  One 
hundred percent of the aid appropriated 
for community violence prevention 
education grants must be paid in fiscal 
year 1993 according to the process 
established in Minnesota Statutes, 
section 124.195, subdivision 9.  
 Any of the funds in this section 
awarded to school districts but not 
expended in fiscal year 1993 shall be 
available to the award recipient in 
fiscal year 1994 for the same purposes 
and activities. 
Sec. 5.  PUBLIC SAFETY
Total General Fund Appropriation                      1,352,000
 Of this appropriation, $60,000 is 
available immediately after enactment 
of this act and is available for 
violence prevention efforts until July 
1, 1993.  The state complement of the 
department is increased by one position 
for the purposes of this act. 
 Of this appropriation, $900,000 is to 
be distributed by the commissioner 
according to the recommendations of the 
chemical abuse prevention resource 
council for the programs described in 
article 10, sections 8, 9, 13, 14, 24, 
26, and Minnesota Statutes, section 
144.401. 
 Of this appropriation, $50,000 is to 
award a child abuse prevention grant 
under article 10, section 27.  
Sec. 6.  HIGHER EDUCATION
COORDINATING BOARD
Total General Fund Appropriation                        150,000
Sec. 7.  HEALTH
Total General Fund Appropriation                        315,000
 The complement of the department is 
increased by one position until July 1, 
1993, for the home health visit program.
Sec. 8.  SUPREME COURT
Total General Fund Appropriation                        225,000
Sec. 9.  DISTRICT COURTS
Total General Fund Appropriation                        500,000
Sec. 10.  ATTORNEY GENERAL          
Total General Fund Appropriation                         75,000 
 This appropriation is for the costs of 
managing psychopathic personality 
commitments.  These funds shall not be 
used for cases in Hennepin and Ramsey 
counties. 
Sec. 11.  BOARD OF PUBLIC DEFENSE
Total General Fund Appropriation                        800,000
 The appropriation for appellate 
services shall be annualized for the 
1994-1995 biennium.  The board's 
approved complement for appellate 
services is increased by six positions. 
Sec. 12.  DEPARTMENT OF JOBS AND TRAINING 
Total General Fund Appropriation                      1,475,000
 $1,000,000 of this appropriation is for 
head start programs. 
 $200,000 of this appropriation is to 
supplement youth employment, training, 
service, or leadership development 
programs currently funded under the 
federal Job Training Partnership Act. 
 $275,000 of this appropriation is to 
supplement youth intervention programs 
under Minnesota Statutes, section 
268.30.  
    Sec. 13.  [EFFECTIVE DATE.] 
    Section 4 is effective the day following final enactment. 
    Presented to the governor April 17, 1992 
    Signed by the governor April 29, 1992, 4:09 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