1.1                          A bill for an act
  1.2             relating to crime victims; establishing the crime 
  1.3             victim ombudsman's office as a separate office of 
  1.4             state government; providing that the crime victim 
  1.5             ombudsman is appointed by and accountable to the 
  1.6             governor; amending Minnesota Statutes 1994, sections 
  1.7             611A.74, subdivisions 1, 3, and by adding a 
  1.8             subdivision; and 611A.75. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1994, section 611A.74, 
  1.11  subdivision 1, is amended to read: 
  1.12     Subdivision 1.  [CREATION.] The office of crime victim 
  1.13  ombudsman for Minnesota is created.  The ombudsman shall ~~be~~ 
  1.14  ~~appointed by the commissioner of public safety with the advice~~ 
  1.15  ~~of the advisory council, and shall~~ serve at the pleasure of the 
  1.16  governor in the unclassified service ~~at the pleasure of the~~ 
  1.17  ~~commissioner~~ and shall be selected without regard to political 
  1.18  affiliation.  The ombudsman is directly accountable to 
  1.19  the ~~commissioner of public safety~~ governor.  No person may serve 
  1.20  as ombudsman while holding any other public office.  
  1.21     Sec. 2.  Minnesota Statutes 1994, section 611A.74, is 
  1.22  amended by adding a subdivision to read: 
  1.23     Subd. 1a.  [ORGANIZATION OF OFFICE.] (a) The ombudsman may 
  1.24  appoint employees necessary to discharge responsibilities of the 
  1.25  office.  The ombudsman may delegate to staff members any of the 
  1.26  ombudsman's authority or duties except the duty of formally 
  1.27  making recommendations to appropriate authorities or reports to 
  2.1   the office of the governor or to the legislature. 
  2.2      (b) The commissioner of administration shall provide office 
  2.3   space and administrative support services to the ombudsman and 
  2.4   the ombudsman's staff.  
  2.5      Sec. 3.  Minnesota Statutes 1994, section 611A.74, 
  2.6   subdivision 3, is amended to read: 
  2.7      Subd. 3.  [POWERS.] The crime victim ombudsman has those 
  2.8   powers necessary to carry out the duties set out in 
  2.9   subdivision ~~1~~ 2, including:  
  2.10     (a) The ombudsman may investigate, with or without a 
  2.11  complaint, any action of an element of the criminal justice 
  2.12  system or a victim assistance program included in subdivision 2. 
  2.13     (b) The ombudsman may request and shall be given access to 
  2.14  information pertaining to a complaint.  The ombudsman may 
  2.15  request and shall be given access to police reports pertaining 
  2.16  to juveniles and juvenile delinquency petitions, notwithstanding 
  2.17  section 260.161.  Any information received by the ombudsman 
  2.18  retains its data classification under chapter 13 while in the 
  2.19  ombudsman's possession.  Juvenile records obtained under this 
  2.20  subdivision may not be released to any person. 
  2.21     (c) After completing investigation of a complaint, the 
  2.22  ombudsman shall inform in writing the complainant, the 
  2.23  investigated person or entity, and other appropriate 
  2.24  authorities, including the attorney general, of the action taken.
  2.25  If the complaint involved the conduct of an element of the 
  2.26  criminal justice system in relation to a criminal or civil 
  2.27  proceeding, the ombudsman's findings shall be forwarded to the 
  2.28  court in which the proceeding occurred.  
  2.29     Sec. 4.  Minnesota Statutes 1994, section 611A.75, is 
  2.30  amended to read: 
  2.31     611A.75 [REPORT TO LEGISLATURE.] 
  2.32     The commissioner of public safety shall report to the 
  2.33  legislature biennially on the activities of crime victim 
  2.34  programs under chapter 611A; except that the crime victim 
  2.35  ombudsman shall report to the legislature biennially on the 
  2.36  activities of the office of crime victim ombudsman. 
  3.1      Sec. 5.  [EFFECTIVE DATE; APPLICABILITY.] 
  3.2      Sections 1 to 4 are effective July 1, 1995.  The individual 
  3.3   who occupies the position of crime victim ombudsman before the 
  3.4   effective date shall continue in that position unless replaced 
  3.5   by the governor.