1.1                          A bill for an act 
  1.2             relating to state government; creating the department 
  1.3             of crime victims and violence prevention; creating the 
  1.4             office of prevention of violence against women as an 
  1.5             office within the department; consolidating crime 
  1.6             victims and violence prevention programs within the 
  1.7             department; appropriating money; amending Minnesota 
  1.8             Statutes 1998, sections 15.01; 15.06, subdivision 1; 
  1.9             15A.0815, subdivision 2; 119A.13, subdivisions 2 and 
  1.10            3; 119A.17; 119A.22; 119A.23, subdivisions 2, 3, and 
  1.11            4; 124D.32, subdivisions 1 and 3; 145A.15, 
  1.12            subdivisions 1 and 4; 268.29; 268.30, subdivision 1, 
  1.13            and by adding a subdivision; 299A.331, subdivision 1; 
  1.14            299A.63, subdivisions 1, 2, and 3; 299C.065, 
  1.15            subdivisions 1a, 2, 3a, and 4; 609.3241; 609.5315, by 
  1.16            adding a subdivision; 609.605, subdivision 2; 
  1.17            609.7495, subdivision 1; 611A.01; 611A.02, subdivision 
  1.18            2; 611A.0311, subdivision 3; 611A.07, subdivision 1; 
  1.19            611A.25; 611A.32; 611A.34; 611A.35; 611A.36, 
  1.20            subdivision 1; 611A.361; 611A.55; 611A.57, subdivision 
  1.21            3; 611A.675, subdivision 1; 611A.71; 611A.74, 
  1.22            subdivision 1a; and 611A.76; Minnesota Statutes 1999 
  1.23            Supplement, sections 299A.292; 299A.293, subdivision 
  1.24            1; 299A.294, subdivision 3; 299A.295, subdivision 1; 
  1.25            299A.297; 299A.298; 299A.299, subdivisions 3 and 4; 
  1.26            299A.2994, subdivision 1; 609.531, subdivision 1; 
  1.27            611A.612; and 611A.77, subdivisions 1, 2, and 3; 
  1.28            proposing coding for new law in Minnesota Statutes, 
  1.29            chapter 611A; proposing coding for new law as 
  1.30            Minnesota Statutes, chapter 611B; repealing Minnesota 
  1.31            Statutes 1998, sections 119A.11, subdivision 6; 
  1.32            119A.20, subdivision 4; 611A.02, subdivision 1; 
  1.33            611A.21; 611A.22; 611A.221; 611A.31; 611A.33; 
  1.34            611A.345; 611A.41; 611A.43; and 611A.78. 
  1.35  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.36                             ARTICLE 1 
  1.37              DEPARTMENT OF CRIME VICTIMS AND VIOLENCE 
  1.38               PREVENTION AND OFFICE OF PREVENTION OF 
  1.39                       VIOLENCE AGAINST WOMEN 
  1.40     Section 1.  [LEGISLATIVE INTENT.] 
  2.1      The legislature recognizes the legitimacy of and the 
  2.2   continuing need for providing services to crime victims and 
  2.3   programs for the prevention of crime, and preventing the 
  2.4   occurrence of violence against women.  The legislature further 
  2.5   recognizes the importance of the involvement of victims, victim 
  2.6   advocates, and the community in these programs.  It is the 
  2.7   intent of the legislature to preserve this involvement while 
  2.8   simultaneously providing for a more streamlined and efficient 
  2.9   process. 
  2.10     The legislature's intent in merging crime victims services 
  2.11  and violence prevention programs into one department and 
  2.12  creating the office of prevention of violence against women is 
  2.13  to: 
  2.14     (1) provide these services in a more efficient manner; 
  2.15     (2) increase the quantity and quality of the services 
  2.16  offered; 
  2.17     (3) provide for a unified and stronger voice to advocate on 
  2.18  behalf of those who receive the services; 
  2.19     (4) provide easier access to crime prevention programs for 
  2.20  the community; 
  2.21     (5) provide easier access to victim services for crime 
  2.22  victims; 
  2.23     (6) provide better information about services and 
  2.24  appropriate referrals to them; 
  2.25     (7) improve training opportunities for service providers 
  2.26  and other members of the criminal justice community; 
  2.27     (8) increase collaboration between providers; 
  2.28     (9) identify and rectify gaps in services; and 
  2.29     (10) improve the continuum of care offered in response to 
  2.30  violence in the community. 
  2.31                            CHAPTER 611B 
  2.32                  DEPARTMENT OF CRIME VICTIMS AND 
  2.33                        VIOLENCE PREVENTION 
  2.34     Sec. 2.  [611B.01] [DEFINITIONS.] 
  2.35     Subdivision 1.  [APPLICABILITY.] As used in this chapter, 
  2.36  unless the context clearly indicates otherwise, the following 
  3.1   terms have the meanings given.  
  3.2      Subd. 2.  [ADVOCACY.] "Advocacy" means action taken on 
  3.3   behalf of a victim in accordance with the self-defined needs of 
  3.4   the victim. 
  3.5      Subd. 3.  [ADVOCACY PROGRAMS.] "Advocacy programs" include 
  3.6   programs that act on behalf of victims and provide an array of 
  3.7   services including, but not limited to, support services, 
  3.8   community education and professional training, and systems 
  3.9   change activities. 
  3.10     Subd. 4.  [BATTERED WOMAN OR BATTERED WOMEN.] "Battered 
  3.11  woman" or "battered women" means a woman or women who are being 
  3.12  or have been victimized by domestic abuse as defined in section 
  3.13  518B.01, subdivision 2. 
  3.14     Subd. 5.  [COMMISSIONER.] "Commissioner" means the 
  3.15  commissioner of crime victims and violence prevention. 
  3.16     Subd. 6.  [COMMUNITY EDUCATION AND PROFESSIONAL 
  3.17  TRAINING.] "Community education and professional training" 
  3.18  includes, but is not limited to, training on sexual violence, 
  3.19  battering and domestic violence, or general crime victims; 
  3.20  ongoing direct supervision and training for all paid and unpaid 
  3.21  advocacy program staff; community education about victim needs; 
  3.22  the nature, scope, and root causes of victimization, and about 
  3.23  the availability of advocacy programs; and responding to the 
  3.24  training needs of the public, criminal justice system 
  3.25  professionals, and other community agencies and organizations. 
  3.26     Subd. 7.  [CRIME.] "Crime" has the meaning given in section 
  3.27  611A.01. 
  3.28     Subd. 8.  [DEPARTMENT.] "Department" means the department 
  3.29  of crime victims and violence prevention. 
  3.30     Subd. 9.  [EMERGENCY SHELTER SERVICES.] "Emergency shelter 
  3.31  services" includes, but is not limited to, secure crisis 
  3.32  shelters for battered women and housing networks for battered 
  3.33  women. 
  3.34     Subd. 10.  [GENERAL CRIME.] "General crime" means any crime 
  3.35  which is not already included in the definitions of sexual 
  3.36  assault, battered women, or abused children. 
  4.1      Subd. 11.  [JUVENILE.] "Juvenile" has the same meaning 
  4.2   given to the term "child" in section 260B.007, subdivision 3.  
  4.3      Subd. 12.  [SEXUAL ASSAULT.] "Sexual assault" means any act 
  4.4   of sexual violence including, but not limited to, acts falling 
  4.5   under criminal sexual conduct as defined in sections 609.342 to 
  4.6   609.3451, and other civil and criminal violations which involve 
  4.7   nonconsensual verbal or physical sexual activity or sexual 
  4.8   exploitation. 
  4.9      Subd. 13.  [SUPPORT SERVICES.] "Support services" includes, 
  4.10  but is not limited to, counseling, transportation, child care, 
  4.11  24-hour information and referral, and accompaniment during 
  4.12  contacts with criminal justice and human services agencies; 
  4.13  consultations with other organizations regarding specific cases; 
  4.14  safe housing; assistance with accessing crime victim 
  4.15  compensation; assistance in pursuing civil, criminal, and family 
  4.16  court remedies; and access to support groups or informal group 
  4.17  activities. 
  4.18     Subd. 14.  [SYSTEMS CHANGE.] "Systems change" includes, but 
  4.19  is not limited to, protocol and policy development to improve 
  4.20  the systems and community responsiveness to the needs of 
  4.21  survivors of sexual violence, battered women, or general crime 
  4.22  victims, and to initiate and participate in prevention. 
  4.23     Subd. 15.  [VICTIM.] "Victim" means a natural person who 
  4.24  incurs loss or harm as a result of a crime, including a good 
  4.25  faith effort to prevent a crime, and for purposes of sections 
  4.26  611A.04 and 611A.045, also includes (1) a corporation that 
  4.27  incurs loss or harm as a result of a crime, (2) a government 
  4.28  entity that incurs loss or harm as a result of a crime, and (3) 
  4.29  any other entity authorized to receive restitution under section 
  4.30  609.10 or 609.125.  If the victim is a natural person and is 
  4.31  deceased, victim means the deceased's surviving spouse or next 
  4.32  of kin. 
  4.33     Sec. 3.  [611B.02] [DEPARTMENT OF CRIME VICTIMS AND 
  4.34  VIOLENCE PREVENTION; ORGANIZATION.] 
  4.35     The department of crime victims and violence prevention is 
  4.36  an agency in the executive branch under the administrative 
  5.1   control of a commissioner appointed by the governor with the 
  5.2   advice and consent of the senate.  The commissioner may appoint 
  5.3   two deputy commissioners.  The commissioner has the general 
  5.4   powers provided in section 15.06, subdivision 6. 
  5.5      Sec. 4.  [611B.03] [COMMISSIONER'S DUTIES.] 
  5.6      The commissioner shall: 
  5.7      (1) manage the office and define the duties of employees 
  5.8   and delegate to them any of the commissioner's powers, duties, 
  5.9   and responsibilities, subject to the commissioner's control and 
  5.10  the conditions the commissioner prescribes; 
  5.11     (2) establish and maintain administrative units necessary 
  5.12  to perform administrative functions common to all units of the 
  5.13  department; 
  5.14     (3) transfer authorized positions and personnel between the 
  5.15  units as necessary to staff those units; 
  5.16     (4) coordinate interagency cooperation in the provision of 
  5.17  services to victims and witnesses; 
  5.18     (5) award grants to programs after considering 
  5.19  recommendations of the advisory councils; 
  5.20     (6) appoint members of the advisory councils; and 
  5.21     (7) adopt rules necessary to implement the duties of the 
  5.22  commissioner described in this chapter. 
  5.23     Sec. 5.  [611B.035] [OFFICE OF PREVENTION OF VIOLENCE 
  5.24  AGAINST WOMEN.] 
  5.25     Subdivision 1.  [DESCRIPTION; DIRECTOR.] The office of 
  5.26  prevention of violence against women is an office within the 
  5.27  department headed by a director appointed by the commissioner.  
  5.28  The director serves at the commissioner's pleasure in the 
  5.29  unclassified service.  The director may appoint, supervise, 
  5.30  discipline, and discharge other employees in the office. 
  5.31     Subd. 2.  [RESPONSIBILITIES.] The office shall: 
  5.32     (1) advocate for victims of violence against women; 
  5.33     (2) increase public education and visibility about the 
  5.34  prevention of violence against women; 
  5.35     (3) force accountability regarding violence against women 
  5.36  at all levels of the system, and hold public officials 
  6.1   accountable when the system fails; 
  6.2      (4) support prosecution and civil litigation efforts 
  6.3   regarding violence against women at the federal and state 
  6.4   levels; 
  6.5      (5) initiate policy changes regarding violence against 
  6.6   women at all levels of government; 
  6.7      (6) coordinate existing resources and promote coordinated 
  6.8   and immediate community responses to better serve victims of 
  6.9   violence against women; 
  6.10     (7) build partnerships among law enforcement, prosecutors, 
  6.11  defenders, and courts to reduce violence against women; 
  6.12     (8) encourage and support the efforts of health care 
  6.13  providers, mental health experts, employers, educators, clergy 
  6.14  members, and others, in raising awareness of and addressing how 
  6.15  to prevent violence against women; and 
  6.16     (9) coordinate and maximize the use of federal, state, and 
  6.17  local resources available to prevent violence against women and 
  6.18  leverage more resources through grants and private funding. 
  6.19     Subd. 3.  [OTHER RESPONSIBILITIES.] In addition to those 
  6.20  described in subdivision 2, the commissioner may assign other 
  6.21  appropriate responsibilities to the office and director. 
  6.22     Sec. 6.  [611B.04] [SCOPE OF VICTIMS' RIGHTS.] 
  6.23     The rights afforded to crime victims in sections 611B.01 to 
  6.24  611B.10 are applicable to adult criminal cases, juvenile 
  6.25  delinquency proceedings, juvenile traffic proceedings involving 
  6.26  driving under the influence of alcohol or drugs, and proceedings 
  6.27  involving any other act committed by a juvenile that would be a 
  6.28  crime as defined in section 609.02, if committed by an adult. 
  6.29     Sec. 7.  [611B.91] [CRIMINAL GANG PREVENTION AND 
  6.30  INTERVENTION GRANT PROGRAM.] 
  6.31     Subdivision 1.  [PROGRAM DESCRIBED.] The commissioner shall 
  6.32  administer a criminal gang prevention and intervention grant 
  6.33  program and may make grants to assist organizations engaged in 
  6.34  offering services to: 
  6.35     (1) help gang members separate themselves, or remain 
  6.36  separated, from their gang affiliation; and 
  7.1      (2) prevent individuals from becoming affiliated with gangs.
  7.2   The commissioner shall develop a grant application that 
  7.3   specifies the eligibility criteria for receiving grants.  The 
  7.4   commissioner may require grant recipients to match a percentage 
  7.5   of the grant. 
  7.6      Subd. 2.  [ELIGIBILITY FOR GRANTS.] An organization must 
  7.7   meet the following criteria to be eligible for a grant under 
  7.8   this section: 
  7.9      (1) it must be a private, nonprofit organization or a local 
  7.10  public agency; 
  7.11     (2) it must offer and provide to clients of the program 
  7.12  services to help gang members terminate their affiliation with 
  7.13  gangs, help former gang members to continue to remain separated 
  7.14  from their gang affiliation, or prevent youths from becoming 
  7.15  affiliated with gangs; and 
  7.16     (3) it must provide matching funds or in-kind services in 
  7.17  compliance with the formula set by the commissioner, if any. 
  7.18     Subd. 3.  [SERVICES TO BE OFFERED.] The services offered by 
  7.19  grant recipients may include educational, recreational, and 
  7.20  community service opportunities; job skills and life skills 
  7.21  development; medical services; counseling; and other appropriate 
  7.22  services. 
  7.23     Subd. 4.  [REPORT TO LEGISLATURE.] By January 15 of each 
  7.24  year, the commissioner shall report to the chairs of the senate 
  7.25  and house committees and divisions having jurisdiction over 
  7.26  criminal justice funding on grants made under this section. 
  7.27     Sec. 8.  [611B.92] [CRIMINAL GANG PREVENTION AND 
  7.28  INTERVENTION ACCOUNT.] 
  7.29     The criminal gang prevention and intervention account is an 
  7.30  account in the state treasury.  Money in the account consists of 
  7.31  money transferred to it pursuant to section 609.5315, 
  7.32  subdivision 5b.  The money in the account is annually 
  7.33  appropriated to the commissioner to make the grants described in 
  7.34  section 611B.91. 
  7.35                             ARTICLE 2 
  7.36                     CONFORMING AMENDMENTS AND 
  8.1                        IMPLEMENTATION OF ACT 
  8.2      Section 1.  Minnesota Statutes 1998, section 15.01, is 
  8.3   amended to read: 
  8.4      15.01 [DEPARTMENTS OF THE STATE.] 
  8.5      The following agencies are designated as the departments of 
  8.6   the state government:  the department of administration; the 
  8.7   department of agriculture; the department of commerce; the 
  8.8   department of corrections; the department of children, families, 
  8.9   and learning; the department of crime victims and violence 
  8.10  prevention; the department of economic security; the department 
  8.11  of trade and economic development; the department of finance; 
  8.12  the department of health; the department of human rights; the 
  8.13  department of labor and industry; the department of military 
  8.14  affairs; the department of natural resources; the department of 
  8.15  employee relations; the department of public safety; the 
  8.16  department of public service; the department of human services; 
  8.17  the department of revenue; the department of transportation; the 
  8.18  department of veterans affairs; and their successor departments. 
  8.19     Sec. 2.  Minnesota Statutes 1998, section 15.06, 
  8.20  subdivision 1, is amended to read: 
  8.21     Subdivision 1.  [APPLICABILITY.] This section applies to 
  8.22  the following departments or agencies:  the departments of 
  8.23  administration, agriculture, commerce, corrections, crime 
  8.24  victims and violence prevention, economic security, children, 
  8.25  families, and learning, employee relations, trade and economic 
  8.26  development, finance, health, human rights, labor and industry, 
  8.27  natural resources, public safety, public service, human 
  8.28  services, revenue, transportation, and veterans affairs; the 
  8.29  housing finance and pollution control agencies; the office of 
  8.30  commissioner of iron range resources and rehabilitation; the 
  8.31  bureau of mediation services; and their successor departments 
  8.32  and agencies.  The heads of the foregoing departments or 
  8.33  agencies are "commissioners." 
  8.34     Sec. 3.  Minnesota Statutes 1998, section 15A.0815, 
  8.35  subdivision 2, is amended to read: 
  8.36     Subd. 2.  [GROUP I SALARY LIMITS.] The salaries for 
  9.1   positions in this subdivision may not exceed 85 percent of the 
  9.2   salary of the governor:  
  9.3      Commissioner of administration; 
  9.4      Commissioner of agriculture; 
  9.5      Commissioner of children, families, and learning; 
  9.6      Commissioner of commerce; 
  9.7      Commissioner of corrections; 
  9.8      Commissioner of crime victims and violence prevention; 
  9.9      Commissioner of economic security; 
  9.10     Commissioner of employee relations; 
  9.11     Commissioner of finance; 
  9.12     Commissioner of health; 
  9.13     Executive director, higher education services office; 
  9.14     Commissioner, housing finance agency; 
  9.15     Commissioner of human rights; 
  9.16     Commissioner of human services; 
  9.17     Executive director, state board of investment; 
  9.18     Commissioner of labor and industry; 
  9.19     Commissioner of natural resources; 
  9.20     Director of office of strategic and long-range planning; 
  9.21     Commissioner, pollution control agency; 
  9.22     Commissioner of public safety; 
  9.23     Commissioner, department of public service; 
  9.24     Commissioner of revenue; 
  9.25     Commissioner of trade and economic development; 
  9.26     Commissioner of transportation; and 
  9.27     Commissioner of veterans affairs. 
  9.28     Sec. 4.  Minnesota Statutes 1998, section 119A.13, 
  9.29  subdivision 2, is amended to read: 
  9.30     Subd. 2.  [ADVISORY COUNCIL.] An advisory council of ~~17~~ 18 
  9.31  members is established under section 15.059.  The commissioners 
  9.32  of crime victims and violence prevention, human services, 
  9.33  health, and children, families, and learning shall each appoint 
  9.34  one member.  The subcommittee on committees of the senate and 
  9.35  the speaker of the house of representatives shall each appoint 
  9.36  two members of their respective bodies, one from each caucus.  
 10.1   The governor shall appoint an additional ten members who shall 
 10.2   demonstrate knowledge in the area of child abuse prevention and 
 10.3   shall represent the demographic and geographic composition of 
 10.4   the state, and to the extent possible, represent the following 
 10.5   groups:  local government, parents, racial and ethnic minority 
 10.6   communities, the religious community, professional providers of 
 10.7   child abuse prevention services, and volunteers in child abuse 
 10.8   prevention services.  The council shall advise and assist the 
 10.9   commissioner in carrying out sections 119A.10 to 119A.16.  The 
 10.10  council does not expire as provided by section 15.059, 
 10.11  subdivision 5. 
 10.12     Sec. 5.  Minnesota Statutes 1998, section 119A.13, 
 10.13  subdivision 3, is amended to read: 
 10.14     Subd. 3.  [PLAN FOR DISBURSEMENT OF FUNDS.] ~~By June 1,~~ 
 10.15  ~~1987,~~ The commissioner, assisted by the advisory council, shall 
 10.16  develop a plan to disburse money from the trust fund.  In 
 10.17  developing the plan, the commissioner shall review prevention 
 10.18  programs.  The plan must ensure that all geographic areas of the 
 10.19  state have an equal opportunity to establish prevention programs 
 10.20  and receive trust fund money.  
 10.21     Sec. 6.  Minnesota Statutes 1998, section 119A.17, is 
 10.22  amended to read: 
 10.23     119A.17 [ANNUAL APPROPRIATION.] 
 10.24     All earnings from trust fund assets, all sums received 
 10.25  under section 119A.16, and 60 percent of the amount collected 
 10.26  under section 144.226, subdivision 3, are appropriated annually 
 10.27  from the children's trust fund for the prevention of child abuse 
 10.28  to the commissioner ~~of children, families, and learning~~ to carry 
 10.29  out sections 119A.10 to 119A.16.  ~~In fiscal year 1987 only, the~~ 
 10.30  ~~first $75,000 collected under section 144.226, subdivision 3, is~~ 
 10.31  ~~appropriated from the children's trust fund for the prevention~~ 
 10.32  ~~of child abuse to the commissioner of children, families, and~~ 
 10.33  ~~learning to carry out sections 119A.10 to 119A.16.~~ 
 10.34     Sec. 7.  Minnesota Statutes 1998, section 119A.22, is 
 10.35  amended to read: 
 10.36     119A.22 [DUTIES OF THE COMMISSIONER.] 
 11.1      The commissioner shall:  
 11.2      (1) review applications and award grants to programs 
 11.3   pursuant to section 119A.21 after considering the recommendation 
 11.4   of the abused children advisory council; 
 11.5      (2) appoint members of the abused children advisory council 
 11.6   created under section 119A.23 and provide consultative staff and 
 11.7   other administrative services to the council; 
 11.8      (3) ~~after considering the recommendation~~ with the advice of 
 11.9   the abused children advisory council, appoint a program ~~director~~ 
 11.10  manager to aid the council in the performance of its duties and 
 11.11  perform the duties set forth in this clause.  ~~In appointing the~~ 
 11.12  ~~program director the commissioner shall give due consideration~~ 
 11.13  ~~to the list of applicants submitted to the commissioner pursuant~~ 
 11.14  ~~to this section.~~  The program ~~director~~ manager shall administer 
 11.15  the funds appropriated for sections 119A.20 to 119A.23, consult 
 11.16  with and provide staff to the advisory council and perform other 
 11.17  duties related to abused children's programs as the commissioner 
 11.18  may assign; 
 11.19     (4) design a uniform method of collecting data on abused 
 11.20  children's programs to be used to monitor and assure compliance 
 11.21  of the programs funded under section 119A.21; 
 11.22     (5) provide technical aid to applicants in the development 
 11.23  of grant requests and to programs in meeting the data collection 
 11.24  requirements established by the commissioner; and 
 11.25     (6) adopt, under chapter 14, all rules necessary to 
 11.26  implement the provisions of sections 119A.20 to 119A.23.  
 11.27     Sec. 8.  Minnesota Statutes 1998, section 119A.23, 
 11.28  subdivision 2, is amended to read: 
 11.29     Subd. 2.  [MEMBERSHIP.] Persons appointed shall be 
 11.30  knowledgeable about or have interests in issues concerning 
 11.31  abused children and the programs that serve them, including the 
 11.32  need for effective advocacy services.  The membership of the 
 11.33  council shall broadly represent the interests of abused children 
 11.34  throughout Minnesota, including representation of people of 
 11.35  color and other individuals from traditionally underserved 
 11.36  population, and must include one member from the department of 
 12.1   human services child protection unit.  No more than six members 
 12.2   of the council may be representatives of community or 
 12.3   governmental organizations that provide abused children 
 12.4   services.  One-half of the council's members shall reside in the 
 12.5   metropolitan area consisting of the counties of Anoka, Carver, 
 12.6   Dakota, Hennepin, Ramsey, Scott, and Washington, and one-half of 
 12.7   the members shall reside in the nonmetropolitan area.  To the 
 12.8   extent possible, nonmetropolitan members must be representative 
 12.9   of all nonmetropolitan regions of the state.  To the extent 
 12.10  possible, council membership must reflect diversity with regard 
 12.11  to age, ethnicity, gender, sexual orientation, and disabilities. 
 12.12     Sec. 9.  Minnesota Statutes 1998, section 119A.23, 
 12.13  subdivision 3, is amended to read: 
 12.14     Subd. 3.  [DUTIES.] The advisory council shall:  
 12.15     (1) advise the commissioner on all planning, development, 
 12.16  data collection, rulemaking, funding, and evaluation of abused 
 12.17  children programs under section 119A.22; 
 12.18     (2) advise the commissioner on the adoption of rules under 
 12.19  chapter 14 governing the award of grants to ensure that funded 
 12.20  programs are consistent with section 119A.21; 
 12.21     (3) ~~recommend to the commissioner the names of five~~ 
 12.22  ~~applicants for the position of abused children program director;~~ 
 12.23     ~~(4)~~ advise the commissioner on the rules adopted under 
 12.24  chapter 14; 
 12.25     ~~(5)~~ (4) review applications received by the commissioner 
 12.26  for grants under section 119A.21 and make recommendations on the 
 12.27  awarding of grants; and 
 12.28     ~~(6)~~ (5) advise the program ~~director~~ manager in the 
 12.29  performance of duties in the administration and coordination of 
 12.30  the programs funded under section 119A.21.  
 12.31     Sec. 10.  Minnesota Statutes 1998, section 119A.23, 
 12.32  subdivision 4, is amended to read: 
 12.33     Subd. 4.  [CONFLICT OF INTEREST.] A member of the advisory 
 12.34  council shall be excluded from participating in all aspects of 
 12.35  grant review and ~~recommendation~~ recommendations concerning a 
 12.36  grant ~~allocation~~ application and any grant applications in the 
 13.1   corresponding competitive category if the member: 
 13.2      (1) serves or has served at any time during the ~~last~~ past 
 13.3   three years as an employee, paid consultant, volunteer, or 
 13.4   governing board member of an organization whose application is 
 13.5   being reviewed; ~~or~~ 
 13.6      (2) has a financial interest in the funding of the 
 13.7   applicant organization; or 
 13.8      (3) has a relative, spouse, or partner affiliated with an 
 13.9   applicant organization or project. 
 13.10     Any staff member with a conflict of interest may take part 
 13.11  in the overall review process but may not rate or take part in 
 13.12  discussions about funding for the program for which they have a 
 13.13  conflict of interest. 
 13.14     Sec. 11.  Minnesota Statutes 1998, section 124D.32, 
 13.15  subdivision 1, is amended to read: 
 13.16     Subdivision 1.  [GRANT PROGRAM ESTABLISHED.] A learn and 
 13.17  earn graduation achievement grant program is established under 
 13.18  the administration of the commissioner ~~of children, families,~~ 
 13.19  ~~and learning~~.  The purpose of the program is to aid local 
 13.20  communities in their efforts to decrease youth crime by 
 13.21  improving the secondary educational success and increasing the 
 13.22  post-secondary educational opportunities of low-income high 
 13.23  school students who reside in and attend schools in communities 
 13.24  that have a high level of poverty and juvenile crime.  The 
 13.25  commissioner shall make grants under this section to applicants 
 13.26  to establish local learn and earn programs that are 
 13.27  school-centered and that use a community-based approach that 
 13.28  provides eligible youth in grades 9 through 12 with individually 
 13.29  tailored opportunities for academic enrichment, community 
 13.30  service, and personal development that lead to a high school 
 13.31  diploma and post-secondary education. 
 13.32     Sec. 12.  Minnesota Statutes 1998, section 124D.32, 
 13.33  subdivision 3, is amended to read: 
 13.34     Subd. 3.  [LOCAL PROGRAMS; APPLICATION PROCEDURE; GRANT 
 13.35  AWARDS.] The commissioner shall make grants to eligible 
 13.36  applicants to establish local learn and earn programs.  Each 
 14.1   program shall operate for at least a four-year period.  A local 
 14.2   program shall select its participants from among eligible 
 14.3   students who are entering or are in the ninth grade at the 
 14.4   inception of the program.  A program may not refill a program 
 14.5   slot with another student if a student drops out of the program. 
 14.6   Students selected to participate in the program shall be 
 14.7   considered part of the program class and students who drop out 
 14.8   may return to the program at any time prior to graduation. 
 14.9      The commissioner shall establish the application procedure 
 14.10  for awarding grants under this section.  ~~The commissioner shall~~ 
 14.11  ~~begin awarding grants by May 1, 1998.~~ 
 14.12     Sec. 13.  Minnesota Statutes 1998, section 145A.15, 
 14.13  subdivision 1, is amended to read: 
 14.14     Subdivision 1.  [ESTABLISHMENT.] The commissioner ~~of health~~ 
 14.15  shall expand the current grant program to fund additional 
 14.16  projects designed to prevent child abuse and neglect and reduce 
 14.17  juvenile delinquency by promoting positive parenting, resiliency 
 14.18  in children, and a healthy beginning for children by providing 
 14.19  early intervention services for families in need.  Grant dollars 
 14.20  shall be available to train paraprofessionals to provide in-home 
 14.21  intervention services and to allow public health nurses to do 
 14.22  case management of services.  The grant program shall provide 
 14.23  early intervention services for families in need and will 
 14.24  include: 
 14.25     (1) expansion of current public health nurse and family 
 14.26  aide home visiting programs and public health home visiting 
 14.27  projects which prevent child abuse and neglect, prevent juvenile 
 14.28  delinquency, and build resiliency in children; 
 14.29     (2) early intervention to promote a healthy and nurturing 
 14.30  beginning; 
 14.31     (3) distribution of educational and public information 
 14.32  programs and materials in hospital maternity divisions, 
 14.33  well-baby clinics, obstetrical clinics, and community clinics; 
 14.34  and 
 14.35     (4) training of home visitors in skills necessary for 
 14.36  comprehensive home visiting which promotes a healthy and 
 15.1   nurturing beginning for the child. 
 15.2      Sec. 14.  Minnesota Statutes 1998, section 145A.15, 
 15.3   subdivision 4, is amended to read: 
 15.4      Subd. 4.  [EVALUATION.] Each program that receives a grant 
 15.5   under this section must include a plan for program evaluation 
 15.6   designed to measure the effectiveness of the program in 
 15.7   preventing child abuse and neglect.  ~~On January 1, 1994, and~~ 
 15.8   ~~annually thereafter~~ By January 15 of each year, the commissioner 
 15.9   ~~of health~~ shall submit a report to the legislature on all 
 15.10  activities initiated in the prior biennium under this section.  
 15.11  The report shall include information on the outcomes reported by 
 15.12  all programs that received grant funds under this section in 
 15.13  that biennium. 
 15.14     Sec. 15.  Minnesota Statutes 1998, section 268.29, is 
 15.15  amended to read: 
 15.16     268.29 [JUVENILE JUSTICE PROGRAM.] 
 15.17     The governor shall designate the department ~~of economic~~ 
 15.18  ~~security~~ as the sole agency responsible for supervising the 
 15.19  preparation and administration of the state plan for juvenile 
 15.20  justice required by the Juvenile Justice and Delinquency 
 15.21  Prevention Act of 1974, as amended. 
 15.22     The governor shall designate the juvenile justice advisory 
 15.23  committee as the supervisory board for the department ~~of~~ 
 15.24  ~~economic security~~ with respect to preparation and administration 
 15.25  of the state plan and award of grants.  
 15.26     The governor shall appoint members to the juvenile justice 
 15.27  advisory committee in accordance with the membership 
 15.28  requirements of the Juvenile Justice and Delinquency Prevention 
 15.29  Act of 1974, as amended. 
 15.30     Sec. 16.  Minnesota Statutes 1998, section 268.30, 
 15.31  subdivision 1, is amended to read: 
 15.32     Subdivision 1.  [~~GRANTS~~ DEFINITION.] ~~The commissioner may~~ 
 15.33  ~~make grants to nonprofit agencies administering youth~~ 
 15.34  ~~intervention programs in communities where the programs are or~~ 
 15.35  ~~may be established.~~ 
 15.36     "Youth intervention program" means a nonresidential 
 16.1   community-based program providing advocacy, education, 
 16.2   counseling, and referral services to youth and their families 
 16.3   experiencing personal, familial, school, legal, or chemical 
 16.4   problems with the goal of resolving the present problems and 
 16.5   preventing the occurrence of the problems in the future. 
 16.6      Sec. 17.  Minnesota Statutes 1998, section 268.30, is 
 16.7   amended by adding a subdivision to read: 
 16.8      Subd. 1a.  [GRANTS.] The commissioner may make grants to 
 16.9   nonprofit agencies administering youth intervention programs in 
 16.10  communities where the programs are or may be established. 
 16.11     Sec. 18.  Minnesota Statutes 1999 Supplement, section 
 16.12  299A.292, is amended to read: 
 16.13     299A.292 [OFFICE OF DRUG POLICY AND VIOLENCE PREVENTION.] 
 16.14     Subdivision 1.  [OFFICE.] The office of drug policy and 
 16.15  violence prevention is an office in the department ~~of public~~ 
 16.16  ~~safety~~, headed by ~~the commissioner~~ a director appointed by the 
 16.17  commissioner.  The director serves at the commissioner's 
 16.18  pleasure in the unclassified service.  The ~~commissioner~~ director 
 16.19  may appoint other employees.  The ~~commissioner~~ director shall 
 16.20  coordinate the violence prevention activities and the prevention 
 16.21  and supply reduction activities of state and local agencies and 
 16.22  use the resources of the office to conduct activities related to 
 16.23  crime prevention and enforcement as deemed necessary. 
 16.24     Subd. 2.  [DUTIES.] (a) The ~~commissioner~~ director shall: 
 16.25     (1) gather, develop, and make available throughout the 
 16.26  state information and educational materials on preventing and 
 16.27  reducing violence in the family and in the community, both 
 16.28  directly and by serving as a clearinghouse for information and 
 16.29  educational materials from schools, state and local agencies, 
 16.30  community service providers, and local organizations; 
 16.31     (2) foster collaboration among schools, state and local 
 16.32  agencies, community service providers, and local organizations 
 16.33  that assist in violence intervention or prevention; 
 16.34     (3) assist schools, state and local agencies, service 
 16.35  providers, and organizations, on request, with training and 
 16.36  other programs designed to educate individuals about violence 
 17.1   and reinforce values that contribute to ending violence; 
 17.2      (4) after consulting with all state agencies involved in 
 17.3   preventing or reducing violence within the family or community, 
 17.4   develop a statewide strategy for preventing and reducing 
 17.5   violence that encompasses the efforts of those agencies and 
 17.6   takes into account all money available for preventing or 
 17.7   reducing violence from any source; 
 17.8      (5) submit the strategy to the governor by January 15 of 
 17.9   each calendar year, along with a summary of activities occurring 
 17.10  during the previous year to prevent or reduce violence 
 17.11  experienced by children, young people, and their families; 
 17.12     (6) assist appropriate professional and occupational 
 17.13  organizations, including organizations of law enforcement 
 17.14  officers, prosecutors, and educators, in developing and 
 17.15  operating informational and training programs to improve the 
 17.16  effectiveness of activities to prevent or reduce violence within 
 17.17  the family or community; and 
 17.18     (7) take other actions deemed necessary to reduce the 
 17.19  incidence of crime. 
 17.20     The ~~commissioner~~ director also may, through this program, 
 17.21  support activities and strategies of the criminal gang council 
 17.22  and strike force as specified in sections 299A.64, 299A.65, and 
 17.23  299A.66. 
 17.24     (b) The ~~commissioner~~ director shall gather and make 
 17.25  available information on prevention and supply reduction 
 17.26  activities throughout the state, foster cooperation among 
 17.27  involved state and local agencies, and assist agencies and 
 17.28  public officials in training and other programs designed to 
 17.29  improve the effectiveness of prevention and supply reduction 
 17.30  activities. 
 17.31     (c) The ~~commissioner~~ director shall coordinate the 
 17.32  distribution of funds received by the state of Minnesota through 
 17.33  the federal Anti-Drug Abuse Act.  The ~~commissioner~~ director 
 17.34  shall determine recipients of grants under section 299A.33, 
 17.35  after consultation with the chemical abuse prevention resource 
 17.36  council. 
 18.1      (d) The ~~commissioner~~ director shall: 
 18.2      (1) after consultation with all state agencies involved in 
 18.3   prevention or supply reduction activities, develop a state 
 18.4   chemical abuse and dependency strategy encompassing the efforts 
 18.5   of those agencies and taking into account all money available 
 18.6   for prevention and supply reduction activities, from any source; 
 18.7      (2) submit the strategy to the governor by January 15 of 
 18.8   each year, along with a summary of prevention and supply 
 18.9   reduction activities during the preceding calendar year; 
 18.10     (3) assist appropriate professional and occupational 
 18.11  organizations, including organizations of law enforcement 
 18.12  officers, prosecutors, and educators, in developing and 
 18.13  operating informational and training programs to improve the 
 18.14  effectiveness of prevention and supply reduction activities; 
 18.15     (4) provide information, including information on drug 
 18.16  trends, and assistance to state and local agencies, both 
 18.17  directly and by functioning as a clearinghouse for information 
 18.18  from other agencies; 
 18.19     (5) facilitate cooperation among drug program agencies; and 
 18.20     (6) in coordination with the chemical abuse prevention 
 18.21  resource council, review, approve, and coordinate the 
 18.22  administration of prevention, criminal justice, and treatment 
 18.23  grants. 
 18.24     Sec. 19.  Minnesota Statutes 1999 Supplement, section 
 18.25  299A.293, subdivision 1, is amended to read: 
 18.26     Subdivision 1.  [ESTABLISHMENT; MEMBERSHIP.] A chemical 
 18.27  abuse and violence prevention council consisting of ~~19~~ 20 
 18.28  members is established.  The commissioners of public safety, 
 18.29  children, families, and learning, crime victims and violence 
 18.30  prevention, health, corrections, and human services, the 
 18.31  director of the office of strategic and long-range planning, and 
 18.32  the attorney general shall each appoint one member from among 
 18.33  their employees.  The speaker of the house of representatives 
 18.34  and the subcommittee on committees of the senate shall each 
 18.35  appoint a legislative member.  The governor shall appoint an 
 18.36  additional ten members who shall represent the demographic and 
 19.1   geographic composition of the state and, to the extent possible, 
 19.2   shall represent the following:  public health; education 
 19.3   including preschool, elementary, and higher education; social 
 19.4   services; financial aid services; chemical dependency treatment; 
 19.5   law enforcement; prosecution; defense; the judiciary; 
 19.6   corrections; treatment research professionals; drug abuse 
 19.7   prevention professionals; the business sector; religious 
 19.8   leaders; representatives of racial and ethnic minority 
 19.9   communities; and other community representatives.  The members 
 19.10  shall designate one of the governor's appointees as chair of the 
 19.11  council.  Compensation and removal of members are governed by 
 19.12  section 15.059.  
 19.13     Sec. 20.  Minnesota Statutes 1999 Supplement, section 
 19.14  299A.294, subdivision 3, is amended to read: 
 19.15     Subd. 3.  [GRANT PROGRAMS.] The council shall, in 
 19.16  coordination with the ~~commissioner~~ director of the office of 
 19.17  drug policy and violence prevention, review and approve state 
 19.18  agency plans regarding the use of federal funds for programs to 
 19.19  reduce chemical abuse or reduce the supply of controlled 
 19.20  substances.  The appropriate state agencies would have 
 19.21  responsibility for management of state and federal drug grant 
 19.22  programs. 
 19.23     Sec. 21.  Minnesota Statutes 1999 Supplement, section 
 19.24  299A.295, subdivision 1, is amended to read: 
 19.25     Subdivision 1.  [ESTABLISHMENT; REQUIREMENTS.] The 
 19.26  commissioner ~~of public safety~~ may establish pilot projects at 
 19.27  neighborhood centers serving youths between the ages of 11 to 
 19.28  21.  The centers may offer recreational activities, social 
 19.29  services, meals, job skills and career services, and provide 
 19.30  referrals for youths to other available services outside the 
 19.31  centers.  The commissioner may consult with other appropriate 
 19.32  agencies and, to the extent possible, use existing resources and 
 19.33  staff in creating the programs.  The commissioner shall ensure 
 19.34  that the programs, if offered, are adequately staffed by 
 19.35  specially trained personnel and outreach street workers.  Each 
 19.36  center may integrate community volunteers into the program's 
 20.1   activities and services and cooperate with local law enforcement 
 20.2   agencies.  The centers must be open during hours convenient to 
 20.3   youths including evenings, weekends, and extended summer hours.  
 20.4   However, there may not be any conflicts with truancy laws.  Each 
 20.5   center must have a plan for evaluation designed to measure the 
 20.6   program's effectiveness in aiding youths. 
 20.7      Sec. 22.  Minnesota Statutes 1999 Supplement, section 
 20.8   299A.297, is amended to read: 
 20.9      299A.297 [OTHER DUTIES.] 
 20.10     The ~~commissioner of public safety~~ director of the office of 
 20.11  drug policy and violence prevention, in consultation with the 
 20.12  chemical abuse and violence prevention council, shall: 
 20.13     (1) provide information and assistance upon request to 
 20.14  school preassessment teams established under section 121A.26 and 
 20.15  school and community advisory teams established under section 
 20.16  121A.27; 
 20.17     (2) provide information and assistance upon request to the 
 20.18  state board of pharmacy with respect to the board's enforcement 
 20.19  of chapter 152; 
 20.20     (3) cooperate with and provide information and assistance 
 20.21  upon request to the alcohol and other drug abuse section in the 
 20.22  department of human services; 
 20.23     (4) coordinate the policy of the office with that of the 
 20.24  narcotic enforcement unit in the bureau of criminal 
 20.25  apprehension; and 
 20.26     (5) coordinate the activities of the regional drug task 
 20.27  forces, provide assistance and information to them upon request, 
 20.28  and assist in the formation of task forces in areas of the state 
 20.29  in which no task force operates. 
 20.30     Sec. 23.  Minnesota Statutes 1999 Supplement, section 
 20.31  299A.298, is amended to read: 
 20.32     299A.298 [COOPERATION OF OTHER AGENCIES.] 
 20.33     State agencies, and agencies and governing bodies of 
 20.34  political subdivisions, shall cooperate with the ~~commissioner of~~ 
 20.35  ~~public safety~~ director of the office of drug policy and violence 
 20.36  prevention and shall provide any public information requested by 
 21.1   the ~~commissioner~~ director. 
 21.2      Sec. 24.  Minnesota Statutes 1999 Supplement, section 
 21.3   299A.299, subdivision 3, is amended to read: 
 21.4      Subd. 3.  [GRANTS FOR DEMONSTRATION PROGRAM.] The 
 21.5   ~~commissioner of public safety~~ director of the office of drug 
 21.6   policy and violence prevention may award a grant to a county, 
 21.7   multicounty organization, or city, as described in subdivision 
 21.8   1, for establishing and operating a multidisciplinary chemical 
 21.9   abuse prevention team.  The ~~commissioner~~ director may approve up 
 21.10  to five applications for grants under this subdivision.  The 
 21.11  grant funds must be used to establish a multidisciplinary 
 21.12  chemical abuse prevention team to carry out the duties in 
 21.13  subdivision 2. 
 21.14     Sec. 25.  Minnesota Statutes 1999 Supplement, section 
 21.15  299A.299, subdivision 4, is amended to read: 
 21.16     Subd. 4.  [DIRECTOR; ADMINISTRATION OF GRANTS.] The 
 21.17  ~~commissioner~~ director shall develop a process for administering 
 21.18  grants under subdivision 3.  The process must be compatible with 
 21.19  the community grant program under the Drug Free Schools and 
 21.20  Communities Act, Public Law Number 100-690.  The process for 
 21.21  administering the grants must include establishing criteria the 
 21.22  commissioner shall apply in awarding grants.  The ~~commissioner~~ 
 21.23  director shall issue requests for proposals for grants under 
 21.24  subdivision 3.  The request must be designed to obtain detailed 
 21.25  information about the applicant and other information 
 21.26  the ~~commissioner~~ director considers necessary to evaluate and 
 21.27  select a grant recipient.  The applicant shall submit a proposal 
 21.28  for a grant on a form and in a manner prescribed by 
 21.29  the ~~commissioner~~ director.  The ~~commissioner~~ director shall 
 21.30  award grants under this section so that 50 percent of the funds 
 21.31  appropriated for the grants go to the metropolitan area 
 21.32  comprised of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and 
 21.33  Washington counties, and 50 percent of the funds go to the area 
 21.34  outside the metropolitan area.  The process for administering 
 21.35  the grants must also include procedures for monitoring the 
 21.36  recipients' use of grant funds and reporting requirements for 
 22.1   grant recipients. 
 22.2      Sec. 26.  Minnesota Statutes 1999 Supplement, section 
 22.3   299A.2994, subdivision 1, is amended to read: 
 22.4      Subdivision 1.  [GRANT PROGRAM.] The commissioner ~~of public~~ 
 22.5   ~~safety~~ shall establish a grant program for coordinated, 
 22.6   family-based crime intervention and prevention services for 
 22.7   Asian-American youth.  The commissioners of crime victims and 
 22.8   violence prevention, human services, children, families, and 
 22.9   learning, and public safety shall work together to coordinate 
 22.10  grant activities. 
 22.11     Sec. 27.  Minnesota Statutes 1998, section 299A.331, 
 22.12  subdivision 1, is amended to read: 
 22.13     Subdivision 1.  [MEMBERSHIP.] The advisory council on drug 
 22.14  abuse resistance education consists of: 
 22.15     (1) the attorney general who shall serve as chair; 
 22.16     (2) the commissioner of crime victims and violence 
 22.17  prevention; 
 22.18     (3) the commissioner of public safety; 
 22.19     ~~(3)~~ (4) the commissioner of children, families, and 
 22.20  learning; 
 22.21     ~~(4)~~ (5) three representatives of law enforcement appointed 
 22.22  by the commissioner of public safety; 
 22.23     ~~(5)~~ (6) three representatives of education appointed by the 
 22.24  commissioner of children, families, and learning; 
 22.25     ~~(6)~~ (7) a representative of the DARE officers association 
 22.26  appointed by the peace officer standards and training board from 
 22.27  among recommendations of the association; and 
 22.28     ~~(7)~~ (8) seven citizens appointed by the attorney general. 
 22.29     Sec. 28.  Minnesota Statutes 1998, section 299A.63, 
 22.30  subdivision 1, is amended to read: 
 22.31     Subdivision 1.  [ESTABLISHMENT.] A grant program is 
 22.32  established under the administration of the commissioner ~~of~~ 
 22.33  ~~public safety~~ to assist local communities in their efforts to 
 22.34  eradicate violent crime, illegal drug activity, and illegal gang 
 22.35  activity in targeted neighborhoods, and to revitalize these 
 22.36  targeted neighborhoods economically and physically. 
 23.1      Sec. 29.  Minnesota Statutes 1998, section 299A.63, 
 23.2   subdivision 2, is amended to read: 
 23.3      Subd. 2.  [AWARDING GRANT.] The commissioner ~~of public~~ 
 23.4   ~~safety~~ shall act as fiscal agent for the grant program and shall 
 23.5   be responsible for receiving applications for grants and 
 23.6   awarding grants under this section.  Before any grants are 
 23.7   awarded, a committee consisting of the attorney general, and 
 23.8   representatives from the Minnesota chiefs of police association, 
 23.9   the Minnesota sheriffs association, and the Minnesota police and 
 23.10  peace officers association, shall evaluate the grant 
 23.11  applications.  Before grants are awarded, the commissioner shall 
 23.12  meet and consult with the committee concerning its evaluation of 
 23.13  and recommendations on grant proposals.  At least 50 percent of 
 23.14  the grants awarded under this section must be awarded to the 
 23.15  cities of Minneapolis and St. Paul. 
 23.16     Sec. 30.  Minnesota Statutes 1998, section 299A.63, 
 23.17  subdivision 3, is amended to read: 
 23.18     Subd. 3.  [GRANT PROCESS.] (a) A city may apply for a grant 
 23.19  under this section by submitting an application to the 
 23.20  commissioner ~~of public safety~~ on a form prescribed by the 
 23.21  commissioner.  The application shall: 
 23.22     (1) identify the neighborhood within the city that has been 
 23.23  proposed by the city's mayor as a targeted site; 
 23.24     (2) describe the problems to be corrected within the 
 23.25  targeted neighborhood and the strengths that make the targeted 
 23.26  neighborhood a suitable candidate for funding; and 
 23.27     (3) contain the city's plan for use of the grant funds.  
 23.28  This plan must: 
 23.29     (i) be prepared in consultation with residents of the 
 23.30  targeted neighborhood; 
 23.31     (ii) describe the specific law enforcement, community 
 23.32  policing, prevention, intervention, treatment, and neighborhood 
 23.33  revitalization activities that the city intends to undertake; 
 23.34  and 
 23.35     (iii) include a reporting and evaluation component. 
 23.36     (b) A city may apply for more than one grant under this 
 24.1   section; however, each grant may target only one neighborhood. 
 24.2      Sec. 31.  Minnesota Statutes 1998, section 299C.065, 
 24.3   subdivision 1a, is amended to read: 
 24.4      Subd. 1a.  [WITNESS AND VICTIM PROTECTION FUND; GRANTS.] ~~A~~ 
 24.5   (a) The witness and victim protection fund is ~~created~~ under the 
 24.6   administration of the commissioner ~~of public safety~~.  The 
 24.7   commissioner may make grants to local officials to provide for 
 24.8   the relocation or other protection of a victim, witness, or 
 24.9   potential witness who is involved in a criminal prosecution and 
 24.10  who the commissioner has reason to believe is or is likely to be 
 24.11  the target of a violent crime or a violation of section 609.498 
 24.12  or 609.713, in connection with that prosecution.  ~~The awarding~~ 
 24.13  ~~of grants under this subdivision is not limited to the crimes~~ 
 24.14  ~~and investigations described in subdivision 1.~~  The commissioner 
 24.15  may award grants for any of the following actions in connection 
 24.16  with the protection of a witness or victim under this 
 24.17  ~~subdivision~~ section: 
 24.18     (1) to provide suitable documents to enable the person to 
 24.19  establish a new identity or otherwise protect the person; 
 24.20     (2) to provide housing for the person; 
 24.21     (3) to provide for the transportation of household 
 24.22  furniture and other personal property to the person's new 
 24.23  residence; 
 24.24     (4) to provide the person with a payment to meet basic 
 24.25  living expenses for a time period the commissioner deems 
 24.26  necessary; 
 24.27     (5) to assist the person in obtaining employment; and 
 24.28     (6) to provide other services necessary to assist the 
 24.29  person in becoming self-sustaining. 
 24.30     (b) A county sheriff or the chief administrative officer of 
 24.31  a municipal police department may apply to the commissioner for 
 24.32  a grant for any of the purposes described in subdivision 1 on 
 24.33  forms and pursuant to procedures developed by the commissioner. 
 24.34     Sec. 32.  Minnesota Statutes 1998, section 299C.065, 
 24.35  subdivision 2, is amended to read: 
 24.36     Subd. 2.  [APPLICATION FOR GRANT.] A county sheriff or the 
 25.1   chief administrative officer of a municipal police department 
 25.2   may apply to the commissioner of public safety for a grant for 
 25.3   any of the purposes described in subdivision 1 ~~or 1a~~, on forms 
 25.4   and pursuant to procedures developed by the superintendent.  ~~For~~ 
 25.5   ~~grants under subdivision 1,~~ The application shall describe the 
 25.6   type of intended criminal investigation, an estimate of the 
 25.7   amount of money required, and any other information the 
 25.8   superintendent deems necessary.  
 25.9      Sec. 33.  Minnesota Statutes 1998, section 299C.065, 
 25.10  subdivision 3a, is amended to read: 
 25.11     Subd. 3a.  [ACCOUNTING REPORT; DATA CLASSIFICATION.] (a) 
 25.12  The head of a law enforcement agency that receives a grant under 
 25.13  subdivision ~~1a~~ 1 shall file a report with the commissioner at 
 25.14  the conclusion of the case detailing the specific purposes for 
 25.15  which the money was spent.  The commissioner shall prepare and 
 25.16  submit to the chairs of the committees in the senate and house 
 25.17  of representatives with jurisdiction over criminal justice 
 25.18  policy by January 1 of each even-numbered year a summary report 
 25.19  of witness assistance services provided under this section. 
 25.20     (b) An application to the commissioner for money is a 
 25.21  confidential record.  Information within investigative files 
 25.22  that identifies or could reasonably be used to ascertain the 
 25.23  identity of assisted witnesses is a confidential record.  A 
 25.24  report at the conclusion of an investigation is a public record, 
 25.25  except that information in a report pertaining to the identity 
 25.26  or location of an assisted witness is private data. 
 25.27     Sec. 34.  Minnesota Statutes 1998, section 299C.065, 
 25.28  subdivision 4, is amended to read: 
 25.29     Subd. 4.  [DATA CLASSIFICATION.] An application to the 
 25.30  commissioner for money is a confidential record.  Information 
 25.31  within investigative files that identifies or could reasonably 
 25.32  be used to ascertain the identity of ~~assisted witnesses,~~ 
 25.33  sources~~,~~ or undercover investigators is a confidential record.  
 25.34  A report at the conclusion of an investigation is a public 
 25.35  record~~, except that information in a report pertaining to the~~ 
 25.36  ~~identity or location of an assisted witness is private data~~.  
 26.1      Sec. 35.  Minnesota Statutes 1998, section 609.3241, is 
 26.2   amended to read: 
 26.3      609.3241 [PENALTY ASSESSMENT AUTHORIZED.] 
 26.4      When a court sentences an adult convicted of violating 
 26.5   section 609.322 or 609.324, while acting other than as a 
 26.6   prostitute, the court shall impose an assessment of not less 
 26.7   than $250 and not more than $500 for a violation of section 
 26.8   609.324, subdivision 2, or a misdemeanor violation of section 
 26.9   609.324, subdivision 3; otherwise the court shall impose an 
 26.10  assessment of not less than $500 and not more than $1,000.  The 
 26.11  mandatory minimum portion of the assessment is to be used for 
 26.12  the purposes described in section 626.558, subdivision 2a, and 
 26.13  is in addition to the surcharge required by section 357.021, 
 26.14  subdivision 6.  Any portion of the assessment imposed in excess 
 26.15  of the mandatory minimum amount shall be forwarded to the 
 26.16  general fund and is appropriated annually to the commissioner of 
 26.17  ~~corrections~~ crime victims and violence prevention.  The 
 26.18  commissioner, with the assistance of the general crime victims 
 26.19  advisory council, shall use money received under this section 
 26.20  for grants to agencies that provide assistance to individuals 
 26.21  who have stopped or wish to stop engaging in prostitution.  
 26.22  Grant money may be used to provide these individuals with 
 26.23  medical care, child care, temporary housing, and educational 
 26.24  expenses. 
 26.25     Sec. 36.  Minnesota Statutes 1999 Supplement, section 
 26.26  609.531, subdivision 1, is amended to read: 
 26.27     Subdivision 1.  [DEFINITIONS.] For the purpose of sections 
 26.28  609.531 to 609.5318, the following terms have the meanings given 
 26.29  them.  
 26.30     (a) "Conveyance device" means a device used for 
 26.31  transportation and includes, but is not limited to, a motor 
 26.32  vehicle, trailer, snowmobile, airplane, and vessel and any 
 26.33  equipment attached to it.  The term "conveyance device" does not 
 26.34  include property which is, in fact, itself stolen or taken in 
 26.35  violation of the law.  
 26.36     (b) "Weapon used" means a dangerous weapon as defined under 
 27.1   section 609.02, subdivision 6, that the actor used or had in 
 27.2   possession in furtherance of a crime.  
 27.3      (c) "Property" means property as defined in section 609.52, 
 27.4   subdivision 1, clause (1).  
 27.5      (d) "Contraband" means property which is illegal to possess 
 27.6   under Minnesota law.  
 27.7      (e) "Appropriate agency" means the bureau of criminal 
 27.8   apprehension, the Minnesota state patrol, a county sheriff's 
 27.9   department, the suburban Hennepin regional park district park 
 27.10  rangers, the department of natural resources division of 
 27.11  enforcement, the University of Minnesota police department, ~~or~~ a 
 27.12  city or airport police department, or the criminal gang strike 
 27.13  force described in section 299A.64. 
 27.14     (f) "Designated offense" includes:  
 27.15     (1) for weapons used:  any violation of this chapter, 
 27.16  chapter 152, or chapter 624; 
 27.17     (2) for all other purposes:  a felony violation of, or a 
 27.18  felony-level attempt or conspiracy to violate, section 325E.17; 
 27.19  325E.18; 609.185; 609.19; 609.195; 609.21; 609.221; 609.222; 
 27.20  609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.322; 
 27.21  609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 
 27.22  1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to 
 27.23  (e), and (h) to (j); 609.345, subdivision 1, clauses (a) to (e), 
 27.24  and (h) to (j); 609.42; 609.425; 609.466; 609.485; 609.487; 
 27.25  609.52; 609.525; 609.527; 609.53; 609.54; 609.551; 609.561; 
 27.26  609.562; 609.563; 609.582; 609.59; 609.595; 609.631; 609.66, 
 27.27  subdivision 1e; 609.671, subdivisions 3, 4, 5, 8, and 12; 
 27.28  609.687; 609.821; 609.825; 609.86; 609.88; 609.89; 609.893; 
 27.29  609.895; 617.246; or a gross misdemeanor or felony violation of 
 27.30  section 609.891 or 624.7181; or any violation of section 609.324.
 27.31     (g) "Controlled substance" has the meaning given in section 
 27.32  152.01, subdivision 4. 
 27.33     Sec. 37.  Minnesota Statutes 1998, section 609.5315, is 
 27.34  amended by adding a subdivision to read: 
 27.35     Subd. 5b.  [DISTRIBUTION OF MONEY; CRIMINAL GANG STRIKE 
 27.36  FORCE.] (a) The money or proceeds forwarded to the criminal gang 
 28.1   strike force under subdivision 5, clause (1), must be 
 28.2   administered by the criminal gang oversight council described in 
 28.3   section 299A.64.  The council may use up to 50 percent of the 
 28.4   money or proceeds for expenses related to the operation of the 
 28.5   council and the strike force.  The council shall forward a 
 28.6   minimum of 50 percent of the money or proceeds to the 
 28.7   commissioner of finance.  The commissioner shall deposit the 
 28.8   money into the gang prevention and intervention account 
 28.9   described in section 611B.92. 
 28.10     (b) The council shall specify in its annual report required 
 28.11  in section 299A.64, subdivision 10, the amount of money received 
 28.12  under this subdivision and the amount forwarded under paragraph 
 28.13  (a). 
 28.14     Sec. 38.  Minnesota Statutes 1998, section 609.605, 
 28.15  subdivision 2, is amended to read: 
 28.16     Subd. 2.  [GROSS MISDEMEANOR.] Whoever trespasses upon the 
 28.17  grounds of a facility providing emergency shelter services for 
 28.18  battered women, as defined under section ~~611A.31, subdivision 3~~ 
 28.19  611B.01, or of a facility providing transitional housing for 
 28.20  battered women and their children, without claim of right or 
 28.21  consent of one who has right to give consent, and refuses to 
 28.22  depart from the grounds of the facility on demand of one who has 
 28.23  right to give consent, is guilty of a gross misdemeanor. 
 28.24     Sec. 39.  Minnesota Statutes 1998, section 609.7495, 
 28.25  subdivision 1, is amended to read: 
 28.26     Subdivision 1.  [DEFINITIONS.] For the purposes of this 
 28.27  section, the following terms have the meanings given them. 
 28.28     (a) "Facility" means any of the following: 
 28.29     (1) a hospital or other health institution licensed under 
 28.30  sections 144.50 to 144.56; 
 28.31     (2) a medical facility as defined in section 144.561; 
 28.32     (3) an agency, clinic, or office operated under the 
 28.33  direction of or under contract with the commissioner of health 
 28.34  or a community health board, as defined in section 145A.02; 
 28.35     (4) a facility providing counseling regarding options for 
 28.36  medical services or recovery from an addiction; 
 29.1      (5) a facility providing emergency shelter services for 
 29.2   battered women, as defined in section ~~611A.31, subdivision 3~~ 
 29.3   611B.01, or a facility providing transitional housing for 
 29.4   battered women and their children; 
 29.5      (6) a facility as defined in section 626.556, subdivision 
 29.6   2, paragraph (f); 
 29.7      (7) a facility as defined in section 626.5572, subdivision 
 29.8   6, where the services described in that paragraph are provided; 
 29.9      (8) a place to or from which ambulance service, as defined 
 29.10  in section 144E.001, is provided or sought to be provided; and 
 29.11     (9) a hospice program licensed under section 144A.48. 
 29.12     (b) "Aggrieved party" means a person whose access to or 
 29.13  egress from a facility is obstructed in violation of subdivision 
 29.14  2, or the facility. 
 29.15     Sec. 40.  Minnesota Statutes 1999 Supplement, section 
 29.16  611A.01, is amended to read: 
 29.17     611A.01 [DEFINITIONS.] 
 29.18     For the purposes of sections 611A.01 to 611A.06: 
 29.19     ~~(a)~~ (1) "Crime" means conduct that is prohibited by local 
 29.20  ordinance and results in bodily harm to an individual; or 
 29.21  conduct that is included within the definition of "crime" in 
 29.22  section 609.02, subdivision 1, or would be included within that 
 29.23  definition but for the fact that (i) the person engaging in the 
 29.24  conduct lacked capacity to commit the crime under the laws of 
 29.25  this state, or (ii) the act was alleged or found to have been 
 29.26  committed by a juvenile; 
 29.27     ~~(b)~~ (2) "Victim" means a natural person who incurs loss or 
 29.28  harm as a result of a crime, including a good faith effort to 
 29.29  prevent a crime, ~~and for purposes of sections 611A.04 and~~ 
 29.30  ~~611A.045, also includes (i) a corporation that incurs loss or~~ 
 29.31  ~~harm as a result of a crime, (ii) a government entity that~~ 
 29.32  ~~incurs loss or harm as a result of a crime, and (iii) any other~~ 
 29.33  ~~entity authorized to receive restitution under section 609.10 or~~ 
 29.34  ~~609.125.~~ or, if the victim is a natural person and is deceased, 
 29.35  "victim" means the deceased's surviving spouse or next of kin; 
 29.36  and 
 30.1      ~~(c)~~ (3) "Juvenile" has the same meaning as given to the 
 30.2   term "child" in section 260B.007, subdivision 3.  
 30.3      Sec. 41.  Minnesota Statutes 1998, section 611A.02, 
 30.4   subdivision 2, is amended to read: 
 30.5      Subd. 2.  [VICTIMS' RIGHTS.] (a) The crime victim and 
 30.6   witness advisory council shall develop two model notices of the 
 30.7   rights of crime victims.  
 30.8      (b) The initial notice of the rights of crime victims must 
 30.9   be distributed by a peace officer to each victim~~, as defined in~~ 
 30.10  ~~section 611A.01,~~ at the time of initial contact with the 
 30.11  victim.  The notice must inform a victim of: 
 30.12     (1) the victim's right to apply for reparations to cover 
 30.13  losses, not including property losses, resulting from a violent 
 30.14  crime and the telephone number to call to request an 
 30.15  application; 
 30.16     (2) the victim's right to request that the law enforcement 
 30.17  agency withhold public access to data revealing the victim's 
 30.18  identity under section 13.82, subdivision 10, paragraph (d); 
 30.19     (3) the additional rights of domestic abuse victims as 
 30.20  described in section 629.341; 
 30.21     (4) information on the nearest crime victim assistance 
 30.22  program or resource; and 
 30.23     (5) the victim's rights, if an offender is charged, to be 
 30.24  informed of and participate in the prosecution process, 
 30.25  including the right to request restitution. 
 30.26     (c) A supplemental notice of the rights of crime victims 
 30.27  must be distributed by the city or county attorney's office to 
 30.28  each victim, within a reasonable time after the offender is 
 30.29  charged or petitioned.  This notice must inform a victim of all 
 30.30  the rights of crime victims under this chapter. 
 30.31     Sec. 42.  Minnesota Statutes 1998, section 611A.0311, 
 30.32  subdivision 3, is amended to read: 
 30.33     Subd. 3.  [NOTICE FILED WITH DEPARTMENT ~~OF PUBLIC SAFETY~~.] 
 30.34  Each city and county attorney shall file a notice that a 
 30.35  prosecution plan has been adopted with the commissioner of 
 30.36  public safety by June 1, 1994.  Prosecution plans shall be kept 
 31.1   on file with the department.  The commissioner, in consultation 
 31.2   with the battered women advisory council, shall evaluate the 
 31.3   effectiveness of the prosecution plan pilot program. 
 31.4      Sec. 43.  Minnesota Statutes 1998, section 611A.07, 
 31.5   subdivision 1, is amended to read: 
 31.6      Subdivision 1.  [GENERALLY.] The commissioner of 
 31.7   corrections, after considering the recommendations of the 
 31.8   battered women advisory council and the sexual assault advisory 
 31.9   council, and in collaboration with the ~~commissioner~~ 
 31.10  commissioners of public safety and crime victims and violence 
 31.11  prevention, shall adopt standards governing electronic 
 31.12  monitoring devices used to protect victims of domestic abuse.  
 31.13  In developing proposed standards, the commissioner shall 
 31.14  consider the experience of the courts in the tenth judicial 
 31.15  district in the use of the devices to protect victims of 
 31.16  domestic abuse.  These standards ~~shall~~ must promote the safety 
 31.17  of the victim and ~~shall~~ must include measures to avoid the 
 31.18  disparate use of the device with communities of color, product 
 31.19  standards, monitoring agency standards, and victim disclosure 
 31.20  standards.  
 31.21     Sec. 44.  [611A.204] [ADVISORY COUNCIL RECOMMENDATIONS.] 
 31.22     The commissioner shall consider recommendations of the 
 31.23  appropriate advisory council before awarding grants or adopting 
 31.24  rules, policies, or procedures regarding the planning, 
 31.25  development, data collection, funding, or evaluation of programs 
 31.26  and services for victims.  Notification of grant award decisions 
 31.27  must be given to the advisory council in time to allow the 
 31.28  council to request reconsideration. 
 31.29     Sec. 45.  [611A.205] [CONFLICTS OF INTEREST.] 
 31.30     A member of a grant review panel for the department shall 
 31.31  be excluded from participating in all aspects of grant review 
 31.32  and recommendations concerning a grant application and any grant 
 31.33  applications in the corresponding competitive category if the 
 31.34  member: 
 31.35     (1) serves or has served at any time during the past three 
 31.36  years as an employee, volunteer, paid consultant, or governing 
 32.1   board member of an organization whose application is being 
 32.2   reviewed; 
 32.3      (2) has a financial interest in the funding of the 
 32.4   applicant organization; or 
 32.5      (3) has a relative, spouse, or partner affiliated with an 
 32.6   applicant organization or project. 
 32.7      Any staff member with a conflict of interest may take part 
 32.8   in the overall review process but may not rate or take part in 
 32.9   discussions about funding for the program for which they have a 
 32.10  conflict of interest. 
 32.11     Sec. 46.  [611A.206] [DUTIES OF GRANTEES.] 
 32.12     Every public or private nonprofit agency and tribal 
 32.13  government which receives a grant from the department to provide 
 32.14  direct advocacy services shall comply with all rules, policies, 
 32.15  and procedures of the department related to the administration 
 32.16  of the programs.  
 32.17     Sec. 47.  [611A.225] [SEXUAL ASSAULT PROGRAMS.] 
 32.18     Subdivision 1.  [GRANTS AWARDED.] The commissioner, in 
 32.19  consultation with the sexual assault advisory council, shall 
 32.20  award grants-in-aid to programs which provide direct advocacy, 
 32.21  support services, community education, professional training, 
 32.22  and systems change activities.  In addition to administering 
 32.23  grants-in-aid to programs, the commissioner shall also award 
 32.24  grants for resources, training, and technical assistance to 
 32.25  improve the response of law enforcement, prosecutors, the 
 32.26  criminal justice system, medical providers, and other community 
 32.27  agencies or organizations which interact with sexual assault 
 32.28  victims; to develop and implement educational programs to 
 32.29  increase public awareness of the nature, scope, and root causes 
 32.30  of sexual violence and the dynamics of victimization; to develop 
 32.31  the capacity of programs to meet the needs of sexual assault 
 32.32  victims; and to develop and implement sexual assault prevention 
 32.33  initiatives. 
 32.34     Subd. 2.  [APPLICATIONS.] Public or private nonprofit 
 32.35  agencies and tribal governments may apply to the commissioner 
 32.36  for a grant to provide direct advocacy services.  The 
 33.1   application shall be submitted in a form approved by the 
 33.2   commissioner, after consultation with the advisory council, and 
 33.3   shall include: 
 33.4      (1) a proposal for the provision of services as requested 
 33.5   in the application; 
 33.6      (2) a proposed budget; 
 33.7      (3) evidence of an ability to integrate into the proposed 
 33.8   program the uniform method of data collection and program 
 33.9   evaluation; 
 33.10     (4) evidence of an ability to represent the interests of 
 33.11  victims of sexual assault to local law enforcement agencies, 
 33.12  courts, and other public and private community agencies; 
 33.13     (5) evidence of an ability to do outreach to unserved and 
 33.14  underserved populations and to provide culturally and 
 33.15  linguistically appropriate services; and 
 33.16     (6) any other content the commissioner may require after 
 33.17  considering the recommendations of the advisory council. 
 33.18     Sec. 48.  Minnesota Statutes 1998, section 611A.25, is 
 33.19  amended to read: 
 33.20     611A.25 [SEXUAL ASSAULT ADVISORY COUNCIL.] 
 33.21     Subdivision 1.  [CREATION.] The commissioner ~~of corrections~~ 
 33.22  shall appoint a 12-member advisory council on sexual assault to 
 33.23  advise the commissioner on the implementation and continued 
 33.24  operation of ~~sections 611A.21 and 611A.221~~ section 611A.225.  
 33.25  The sexual assault advisory council shall also serve as a 
 33.26  liaison between the commissioner and organizations that provide 
 33.27  services to victims of sexual assault, and as an advocate ~~within~~ 
 33.28  ~~the department of corrections~~ for the rights of sexual assault 
 33.29  victims. 
 33.30     Subd. 2.  [MEMBERSHIP.] Persons appointed shall be 
 33.31  knowledgeable about and have experience or interest in issues 
 33.32  concerning victims of sexual assault, including the need for 
 33.33  effective advocacy services.  The membership of the council 
 33.34  shall represent the interests of sexual assault victims in 
 33.35  Minnesota.  No more than six of the members of the sexual 
 33.36  assault advisory council may be representatives of community or 
 34.1   governmental organizations that provide services to sexual 
 34.2   assault victims.  One-half of the council's members shall reside 
 34.3   in the metropolitan area, composed of Hennepin, Ramsey, Anoka, 
 34.4   Dakota, Scott, Washington, and Carver counties, and one-half of 
 34.5   the members shall reside in the nonmetropolitan area.  To the 
 34.6   extent possible, nonmetropolitan members must be representative 
 34.7   of all nonmetropolitan regions of the state.  To the extent 
 34.8   possible, council membership must reflect diversity with regard 
 34.9   to age, ethnicity, gender, sexual orientation, and disabilities. 
 34.10     Subd. 3.  [TERMS; VACANCIES; EXPENSES.] Section 15.059 
 34.11  governs the filling of vacancies and removal of members of the 
 34.12  sexual assault advisory council.  The terms of the members of 
 34.13  the advisory council shall be two years.  No member may serve on 
 34.14  the advisory council for more than two consecutive terms.  The 
 34.15  council expires on June 30, 2001.  Council members shall receive 
 34.16  expense reimbursement as specified in section 15.059.  
 34.17     Subd. 5.  [DUTIES.] The advisory council shall: 
 34.18     (1) advise the commissioner on all planning, development, 
 34.19  data collection, rulemaking, funding, and evaluation of programs 
 34.20  and services for victims of sexual assault that are funded under 
 34.21  section 611A.225 other than matters of a purely administrative 
 34.22  nature; 
 34.23     (2) advise the commissioner on rules adopted under chapter 
 34.24  14 pursuant to section 611A.225; 
 34.25     (3) review applications received by the commissioner for 
 34.26  grants under section 611A.225 and make recommendations on the 
 34.27  awarding of grants; and 
 34.28     (4) advise the program manager in performance of duties in 
 34.29  the administration and coordination of the programs funded under 
 34.30  section 611A.225. 
 34.31     Subd. 6.  [SEXUAL ASSAULT PROGRAM MANAGER.] The 
 34.32  commissioner shall appoint, with the advice of the advisory 
 34.33  council, a program manager who shall aid the council in the 
 34.34  performance of its duties.  The program manager shall administer 
 34.35  the funds appropriated for section 611A.225, consult with and 
 34.36  provide staff to the sexual assault advisory council, and 
 35.1   perform other duties related to sexual assault programs as the 
 35.2   commissioner may assign.  The sexual assault program manager 
 35.3   shall work with the battered women program manager to provide 
 35.4   staff to the planning committee for federal Violence Against 
 35.5   Women Act funds and to perform other duties related to the 
 35.6   violence against women programming as the commissioner may 
 35.7   assign.  The sexual assault program manager shall serve at the 
 35.8   pleasure of the commissioner in the unclassified service. 
 35.9      Sec. 49.  Minnesota Statutes 1998, section 611A.32, is 
 35.10  amended to read: 
 35.11     611A.32 [BATTERED WOMEN PROGRAMS.] 
 35.12     Subdivision 1.  [GRANTS AWARDED.] The commissioner, in 
 35.13  consultation with the battered women advisory council, shall 
 35.14  award grants to programs which provide emergency shelter 
 35.15  services and support services to battered women and their 
 35.16  children.  The commissioner shall also award grants for 
 35.17  training, technical assistance, and for the development and 
 35.18  implementation of education programs to increase public 
 35.19  awareness of the causes of battering, the solutions to 
 35.20  preventing and ending domestic violence, and the problems faced 
 35.21  by battered women.  Grants shall be awarded in a manner that 
 35.22  ensures that they are equitably distributed to programs serving 
 35.23  metropolitan and nonmetropolitan populations.  By July 1, 1995, 
 35.24  community-based domestic abuse advocacy and support services 
 35.25  programs must be established in every judicial assignment 
 35.26  district. 
 35.27     Subd. 1a.  [PROGRAM FOR AMERICAN INDIAN WOMEN.] The 
 35.28  commissioner shall establish at least one program under this 
 35.29  section to provide emergency shelter services and support 
 35.30  services to battered American Indian women.  The commissioner 
 35.31  shall grant continuing operating expenses to the program 
 35.32  established under this subdivision in the same manner as 
 35.33  operating expenses are granted to programs established under 
 35.34  subdivision 1. 
 35.35     Subd. 2.  [APPLICATIONS.] ~~Any~~ Public or private 
 35.36  nonprofit ~~agency~~ agencies and tribal governments may apply to 
 36.1   the commissioner for a grant to provide emergency shelter 
 36.2   services, support services, or both, to battered women and their 
 36.3   children.  The application shall be submitted in a form approved 
 36.4   by the commissioner ~~by rule adopted under chapter 14~~, after 
 36.5   consultation with the advisory council, and shall include: 
 36.6      (1) a proposal for the provision of emergency shelter 
 36.7   services, support services, or both, for battered women and 
 36.8   their children; 
 36.9      (2) a proposed budget; 
 36.10     (3) evidence of an ability to integrate into the proposed 
 36.11  program the uniform method of data collection and program 
 36.12  evaluation established under ~~sections 611A.33 and~~ section 
 36.13  611A.34; 
 36.14     (4) evidence of an ability to represent the interests of 
 36.15  battered women and their children to local law enforcement 
 36.16  agencies and courts, county welfare agencies, and local boards 
 36.17  or departments of health; 
 36.18     (5) evidence of an ability to do outreach to unserved and 
 36.19  underserved populations and to provide culturally and 
 36.20  linguistically appropriate services; and 
 36.21     (6) any other content the commissioner may require ~~by rule~~ 
 36.22  ~~adopted under chapter 14,~~ after considering the recommendations 
 36.23  of the advisory council. 
 36.24     Programs which have been approved for grants in prior years 
 36.25  may submit materials which indicate changes in items listed in 
 36.26  clauses (1) to (6), in order to qualify for renewal funding.  
 36.27  Nothing in this subdivision may be construed to require programs 
 36.28  to submit complete applications for each year of renewal funding.
 36.29     ~~Subd. 3.  [DUTIES OF GRANTEES.] Every public or private~~ 
 36.30  ~~nonprofit agency which receives a grant to provide emergency~~ 
 36.31  ~~shelter services and support services to battered women shall~~ 
 36.32  ~~comply with all rules of the commissioner related to the~~ 
 36.33  ~~administration of the pilot programs.~~ 
 36.34     Subd. 5.  [CLASSIFICATION OF DATA COLLECTED BY GRANTEES.] 
 36.35  Personal history information and other information collected, 
 36.36  used or maintained by a grantee from which the identity of any 
 37.1   battered woman may be determined is private data on individuals, 
 37.2   as defined in section 13.02, subdivision 12, and the grantee 
 37.3   shall maintain the data in accordance with the provisions of 
 37.4   chapter 13. 
 37.5      Sec. 50.  Minnesota Statutes 1998, section 611A.34, is 
 37.6   amended to read: 
 37.7      611A.34 [BATTERED WOMEN ADVISORY COUNCIL.] 
 37.8      Subdivision 1.  [GENERALLY.] The commissioner shall appoint 
 37.9   a 12-member advisory council to advise the commissioner on the 
 37.10  implementation and continued operation of sections ~~611A.31~~ 
 37.11  611A.32 to 611A.36.  The battered ~~women's~~ women advisory council 
 37.12  shall also serve as a liaison between the commissioner and 
 37.13  organizations that provide services to battered women and as an 
 37.14  advocate for the rights of victims of domestic violence.  
 37.15  Section 15.059 governs the filling of vacancies and removal of 
 37.16  members of the advisory council.  The terms of the members of 
 37.17  the advisory council shall be two years.  No member may serve on 
 37.18  the advisory council for more than two consecutive 
 37.19  terms.  ~~Notwithstanding section 15.059,~~ The council ~~shall not~~ 
 37.20  ~~expire~~ expires June 30, 2001.  Council members shall not receive 
 37.21  per diem~~,~~ but shall receive ~~expenses in the same manner and~~ 
 37.22  ~~amount as state employees~~ expense reimbursement as specified in 
 37.23  section 15.059.  
 37.24     Subd. 2.  [MEMBERSHIP.] Persons appointed shall be 
 37.25  knowledgeable about and have experience or interest in issues 
 37.26  concerning battered women, including the need for effective 
 37.27  advocacy services.  The membership of the council shall broadly 
 37.28  represent the interests of battered women in Minnesota.  No more 
 37.29  than six of the members of the battered ~~women's~~ women advisory 
 37.30  council may be representatives of community or governmental 
 37.31  organizations that provide services to battered women.  One-half 
 37.32  of the council's members shall reside in the metropolitan area, 
 37.33  composed of Hennepin, Ramsey, Anoka, Dakota, Scott, Washington, 
 37.34  and Carver counties, and one-half of the members shall reside in 
 37.35  the nonmetropolitan area.  To the extent possible, 
 37.36  nonmetropolitan members must be representative of all 
 38.1   nonmetropolitan regions of the state.  To the extent possible, 
 38.2   council membership must reflect diversity with regard to age, 
 38.3   gender, ethnicity, sexual orientation, and disabilities. 
 38.4      Subd. 2a.  [TERMS, VACANCIES; EXPENSES.] Section 15.059 
 38.5   governs the filling of vacancies and removal of members of the 
 38.6   battered women advisory council.  The terms of the members of 
 38.7   the advisory council shall be two years.  No member may serve on 
 38.8   the advisory council for more than two consecutive terms. 
 38.9      Subd. 3.  [DUTIES.] The advisory council shall: 
 38.10     (1) advise the commissioner on all planning, development, 
 38.11  data collection, rulemaking, funding, and evaluation of programs 
 38.12  and services for battered women that are funded under section 
 38.13  611A.32, other than matters of a purely administrative nature; 
 38.14     (2) advise the commissioner on the adoption of rules under 
 38.15  chapter 14 governing the award of grants to ensure that funded 
 38.16  programs are consistent with section 611A.32, subdivision 1; 
 38.17     (3) ~~recommend to the commissioner the names of five~~ 
 38.18  ~~applicants for the position of battered women's program~~ 
 38.19  ~~director;~~ 
 38.20     ~~(4)~~ advise the commissioner on the rules adopted under 
 38.21  chapter 14 pursuant to section ~~611A.33~~ 611B.03; 
 38.22     ~~(5)~~ (4) review applications received by the commissioner 
 38.23  for grants under section 611A.32 and make recommendations on the 
 38.24  awarding of grants; and 
 38.25     ~~(6)~~ (5) advise the program ~~director~~ manager in the 
 38.26  performance of duties in the administration and coordination of 
 38.27  the programs funded under section 611A.32. 
 38.28     ~~Subd. 4.  [CONFLICTS OF INTEREST.] A member of the advisory~~ 
 38.29  ~~council shall be excluded from participating in review and~~ 
 38.30  ~~recommendations concerning a grant application if the member:~~ 
 38.31     ~~(1) serves or has served at any time during the past three~~ 
 38.32  ~~years as an employee, volunteer, or governing board member of an~~ 
 38.33  ~~organization whose application is being reviewed; or~~ 
 38.34     ~~(2) has a financial interest in the funding of the~~ 
 38.35  ~~applicant organization.~~ 
 38.36     Sec. 51.  Minnesota Statutes 1998, section 611A.35, is 
 39.1   amended to read: 
 39.2      611A.35 [BATTERED WOMEN'S PROGRAM ~~DIRECTOR~~ MANAGER.] 
 39.3      The commissioner shall appoint, with the advice of the 
 39.4   advisory council, a program ~~director~~ manager who shall aid the 
 39.5   council in the performance of its duties.  ~~In appointing the~~ 
 39.6   ~~program director the commissioner shall give due consideration~~ 
 39.7   ~~to the list of applicants submitted to the commissioner pursuant~~ 
 39.8   ~~to section 611A.34, subdivision 3, clause (3).~~  The program 
 39.9   ~~director~~ manager shall administer the funds appropriated for 
 39.10  sections ~~611A.31~~ 611A.32 to 611A.36, consult with and provide 
 39.11  staff to the advisory council, and perform other duties related 
 39.12  to battered women's programs as the commissioner may assign.  
 39.13  The program ~~director~~ manager shall serve at the pleasure of the 
 39.14  commissioner in the unclassified service. 
 39.15     Sec. 52.  Minnesota Statutes 1998, section 611A.36, 
 39.16  subdivision 1, is amended to read: 
 39.17     Subdivision 1.  [FORM PRESCRIBED.] The commissioner shall, 
 39.18  by rule adopted under chapter 14, after considering the 
 39.19  recommendations of the advisory council, prescribe a uniform 
 39.20  form and method for the collection of data on battered women.  
 39.21  The method and form of data collection shall be designed to 
 39.22  document the incidence of assault on battered women ~~as defined~~ 
 39.23  ~~in section 611A.31, subdivision 2~~.  All data collected by the 
 39.24  commissioner pursuant to this section shall be summary data 
 39.25  within the meaning of section 13.02, subdivision 19. 
 39.26     Sec. 53.  Minnesota Statutes 1998, section 611A.361, is 
 39.27  amended to read: 
 39.28     611A.361 [GENERAL CRIME VICTIMS ADVISORY COUNCIL.] 
 39.29     Subdivision 1.  [CREATION.] The commissioner ~~of corrections~~ 
 39.30  shall appoint a 12-member advisory council on general crime 
 39.31  victims to advise the commissioner on the implementation and 
 39.32  continued operation of chapter 611A with respect to victims of 
 39.33  crimes other than sexual assault and domestic abuse and child 
 39.34  abuse.  The general crime victims advisory council shall also 
 39.35  serve as a liaison between the commissioner and organizations 
 39.36  that provide services to victims of general crime~~,~~ and as an 
 40.1   advocate ~~within the department of corrections~~ for the rights of 
 40.2   general crime victims.  The general crime victims advisory 
 40.3   council shall also administer the emergency fund grant program 
 40.4   described in section 611A.675 which shall be open to applicants 
 40.5   from all crime areas. 
 40.6      Subd. 2.  [MEMBERSHIP.] Persons appointed shall be 
 40.7   knowledgeable about and have experience or interest in issues 
 40.8   concerning general crime victims, including the need for 
 40.9   effective advocacy services.  The membership of the council 
 40.10  shall represent the interests of general crime victims in 
 40.11  Minnesota.  No more than six of the members of the general crime 
 40.12  victims advisory council may be representatives of community or 
 40.13  governmental organizations that provide services to crime 
 40.14  victims.  One-half of the council's members shall reside in the 
 40.15  metropolitan area, composed of Hennepin, Ramsey, Anoka, Dakota, 
 40.16  Scott, Washington, and Carver counties, and one-half of the 
 40.17  members shall reside in the nonmetropolitan area.  To the extent 
 40.18  possible, nonmetropolitan members must be representative of all 
 40.19  nonmetropolitan regions of the state.  To the extent possible, 
 40.20  council membership must reflect diversity with regard to age, 
 40.21  ethnicity, gender, sexual orientation, and disabilities. 
 40.22     Subd. 3.  [TERMS; VACANCIES; EXPENSES.] Section 15.059 
 40.23  governs the filling of vacancies and removal of members of the 
 40.24  general crime victims advisory council.  The terms of the 
 40.25  members of the advisory council shall be two years.  No member 
 40.26  may serve on the advisory council for more than two consecutive 
 40.27  terms.  The council expires on June 30, 2001.  Council members 
 40.28  shall receive expense reimbursement as specified in section 
 40.29  15.059. 
 40.30     Subd. 5.  [PROGRAM MANAGER.] The commissioner shall 
 40.31  appoint, with the advice of the advisory council, a program 
 40.32  manager for the council who shall aid the council in the 
 40.33  performance of its duties.  The program manager shall serve at 
 40.34  the pleasure of the commissioner in the unclassified service. 
 40.35     Sec. 54.  [611A.366] [GENERAL CRIME VICTIM PROGRAMS.] 
 40.36     Subdivision 1.  [GRANTS AWARDED.] The commissioner, in 
 41.1   consultation with the general crime victims advisory council, 
 41.2   shall award grants-in-aid to programs which provide direct 
 41.3   advocacy services, community education, professional training, 
 41.4   and systems change activities for general crime victims.  In 
 41.5   addition to administering grants-in-aid to programs, the 
 41.6   commissioner shall also award grants for resources, training, 
 41.7   and technical assistance to improve the response of law 
 41.8   enforcement, prosecutors, the criminal justice system, medical 
 41.9   providers, and other community agencies or organizations which 
 41.10  interact with general crime victims; to develop and implement 
 41.11  educational programs to increase public awareness of the nature, 
 41.12  scope, and root causes of violence and victim experience; to 
 41.13  develop the capacity of programs to meet the needs of general 
 41.14  crime victims; and to develop and implement general crime 
 41.15  prevention initiatives. 
 41.16     Subd. 2.  [APPLICATIONS.] Public or private nonprofit 
 41.17  agencies and tribal governments may apply to the commissioner 
 41.18  for a grant to provide direct advocacy services, community 
 41.19  education, and professional training or systems change 
 41.20  activities for victims of general crime.  The application shall 
 41.21  be submitted in a form approved by the commissioner, after 
 41.22  consultation with the advisory council, and shall include: 
 41.23     (1) a proposal for the provision of services as requested 
 41.24  in the application; 
 41.25     (2) a proposed budget; 
 41.26     (3) evidence of an ability to integrate into the proposed 
 41.27  program the uniform method of data collection and program 
 41.28  evaluation; 
 41.29     (4) evidence of an ability to represent the interests of 
 41.30  victims of general crime to local law enforcement agencies, 
 41.31  courts, and other public and private community agencies; 
 41.32     (5) evidence of an ability to do outreach to unserved and 
 41.33  underserved populations and to provide culturally and 
 41.34  linguistically appropriate services; and 
 41.35     (6) any other content the commissioner may require after 
 41.36  considering the recommendations of the advisory council. 
 42.1      Sec. 55.  Minnesota Statutes 1998, section 611A.55, is 
 42.2   amended to read: 
 42.3      611A.55 [CRIME VICTIMS REPARATIONS BOARD.] 
 42.4      Subdivision 1.  [CREATION.] There is created in the 
 42.5   department ~~of public safety~~, for budgetary and administrative 
 42.6   purposes, the crime victims reparations board, which shall 
 42.7   consist of five members appointed by the commissioner ~~of public~~ 
 42.8   ~~safety and selected from among the membership of the crime~~ 
 42.9   ~~victim and witness advisory council created in section 611A.71~~.  
 42.10  One of the members shall be designated as chair by the 
 42.11  commissioner ~~of public safety~~ and serve as such at the 
 42.12  commissioner's pleasure.  At least one member shall be a medical 
 42.13  or osteopathic physician licensed to practice in this state, and 
 42.14  at least one member shall be a victim, as defined in section 
 42.15  611A.01.  To the extent possible, board membership must reflect 
 42.16  diversity with regard to age, ethnicity, gender, sexual 
 42.17  orientation, and disabilities.  
 42.18     Subd. 2.  [TERMS, COMPENSATION, REMOVAL.] The membership 
 42.19  terms, compensation, removal of members, and filling of 
 42.20  vacancies on the board shall be as provided in section 15.0575.  
 42.21  Members of the board who are also members of ~~the crime victim~~ 
 42.22  ~~and witness~~ an advisory council ~~created in section 611A.71~~ of 
 42.23  the department shall not be compensated while performing duties 
 42.24  for the advisory council. 
 42.25     Subd. 3.  [PART TIME.] Members of the board shall serve 
 42.26  part time. 
 42.27     Subd. 4.  [PROGRAM MANAGER.] The commissioner shall appoint 
 42.28  a program manager who shall administer the funds appropriated 
 42.29  for sections 611A.51 to 611A.67, consult with and provide staff 
 42.30  to the reparations board, and perform other duties related to 
 42.31  reparations as the commissioner may assign.  The program manager 
 42.32  shall serve at the pleasure of the commissioner in the 
 42.33  unclassified service. 
 42.34     Sec. 56.  Minnesota Statutes 1998, section 611A.57, 
 42.35  subdivision 3, is amended to read: 
 42.36     Subd. 3.  [CLAIM DECISION.] The ~~board executive director~~ 
 43.1   reparations program manager may decide the claim in favor of a 
 43.2   claimant in the amount claimed on the basis of the papers filed 
 43.3   in support of it and the report of the investigation of such 
 43.4   claim.  If unable to decide the claim upon the basis of the 
 43.5   papers and any report of investigation, the ~~board executive~~ 
 43.6   ~~director~~ manager shall discuss the matter with other members of 
 43.7   the board present at a board meeting.  After discussion the 
 43.8   board shall vote on whether to grant or deny the claim or 
 43.9   whether further investigation is necessary.  A decision granting 
 43.10  or denying the claim shall then be issued by the ~~executive~~ 
 43.11  ~~director~~ manager.  
 43.12     Sec. 57.  Minnesota Statutes 1999 Supplement, section 
 43.13  611A.612, is amended to read: 
 43.14     611A.612 [CRIME VICTIMS ACCOUNT.] 
 43.15     A crime victim account is established as a special account 
 43.16  in the state treasury.  Amounts collected by the state under 
 43.17  section 611A.61, paid to the crime victims reparations board 
 43.18  under section 611A.04, subdivision 1a, or amounts deposited by 
 43.19  the court under section 611A.04, subdivision 5, shall be 
 43.20  credited to this account.  Money credited to this account is 
 43.21  annually appropriated to the department ~~of public safety~~ for use 
 43.22  for crime victim reparations under sections 611A.51 to 611A.67. 
 43.23     Sec. 58.  Minnesota Statutes 1998, section 611A.675, 
 43.24  subdivision 1, is amended to read: 
 43.25     Subdivision 1.  [GRANTS AUTHORIZED.] The general crime 
 43.26  ~~victim and witness~~ victims advisory council shall make grants to 
 43.27  prosecutors and victim assistance programs for the purpose of 
 43.28  providing emergency assistance to victims.  As used in this 
 43.29  section, "emergency assistance" includes but is not limited to: 
 43.30     (1) replacement of necessary property that was lost, 
 43.31  damaged, or stolen as a result of the crime; 
 43.32     (2) purchase and installation of necessary home security 
 43.33  devices; 
 43.34     (3) transportation to locations related to the victim's 
 43.35  needs as a victim, such as medical facilities and facilities of 
 43.36  the criminal justice system; 
 44.1      (4) cleanup of the crime scene; and 
 44.2      (5) reimbursement for reasonable travel and living expenses 
 44.3   the victim incurred to attend court proceedings that were held 
 44.4   at a location other than the place where the crime occurred due 
 44.5   to a change of venue. 
 44.6      Sec. 59.  Minnesota Statutes 1998, section 611A.71, is 
 44.7   amended to read: 
 44.8      611A.71 [COUNCIL; ESTABLISHMENT.] 
 44.9      Subdivision 1.  [CREATION.] The Minnesota crime victim and 
 44.10  witness advisory council is established and shall consist of 16 
 44.11  members.  
 44.12     Subd. 2.  [MEMBERSHIP.] (a) The crime victim and witness 
 44.13  advisory council shall consist of the following members, 
 44.14  appointed by the commissioner ~~of public safety after consulting~~ 
 44.15  ~~with the commissioner of corrections~~:  
 44.16     (1) one district court judge appointed upon recommendation 
 44.17  of the chief justice of the supreme court; 
 44.18     (2) one county attorney appointed upon recommendation of 
 44.19  the Minnesota county attorneys association; 
 44.20     (3) one public defender appointed upon recommendation of 
 44.21  the state public defender; 
 44.22     (4) one peace officer; 
 44.23     (5) one medical or osteopathic physician licensed to 
 44.24  practice in this state; 
 44.25     (6) five members who are crime victims or crime victim 
 44.26  assistance representatives; 
 44.27     (7) three public members; and 
 44.28     (8) one member appointed on recommendation of the Minnesota 
 44.29  general crime victim coalition.  
 44.30     To the extent possible, the appointments should take into 
 44.31  account ~~sex~~ age, gender, sexual orientation, race, disabilities, 
 44.32  and geographic distribution.  ~~No more than seven of the members~~ 
 44.33  ~~appointed under this paragraph may be of one gender.~~  One of the 
 44.34  nonlegislative members must be designated by the commissioner ~~of~~ 
 44.35  ~~public safety~~ as chair of the council. 
 44.36     (b) Two members of the council shall be members of the 
 45.1   legislature who have demonstrated expertise and interest in 
 45.2   crime victims issues, one senator appointed under rules of the 
 45.3   senate and one member of the house of representatives appointed 
 45.4   under rules of the house of representatives. 
 45.5      Subd. 3.  [TERMS OF OFFICE.] Section 15.059 governs the 
 45.6   terms of office, filling of vacancies, and removal of members of 
 45.7   the crime victim and witness advisory council.  Members are 
 45.8   eligible for reappointment and appointment may be made to fill 
 45.9   an unexpired term.  The members of the council shall elect any 
 45.10  additional officers necessary for the efficient discharge of 
 45.11  their duties.  
 45.12     Subd. 4.  [COMPENSATION.] Each member of the council shall 
 45.13  serve without compensation.  However, members of the council 
 45.14  shall receive ~~expenses in the same manner and amount as provided~~ 
 45.15  ~~in the commissioner's plan under section 43A.18, subdivision 2;~~ 
 45.16  ~~provided that payments for expenses incurred must be paid from~~ 
 45.17  ~~the existing appropriation for the administrative portion of the~~ 
 45.18  ~~operating budget for the crime victims reparations~~ 
 45.19  ~~activity~~ expense reimbursement as specified in section 15.059. 
 45.20     Subd. 5.  [DUTIES.] The council shall:  
 45.21     (1) review on a regular basis the treatment of victims by 
 45.22  the criminal justice system and the need and availability of 
 45.23  services to victims; 
 45.24     (2) ~~advise the agency designated by the governor to apply~~ 
 45.25  ~~for victim assistance program grants under chapter 14 of Public~~ 
 45.26  ~~Law Number 98-473, in the coordination and allocation of federal~~ 
 45.27  ~~funds for crime victims assistance programs;~~ 
 45.28     ~~(3)~~ advocate necessary changes and monitor victim-related 
 45.29  legislation; 
 45.30     ~~(4)~~ (3) provide information, training, and technical 
 45.31  assistance to state and local agencies and groups involved in 
 45.32  victim and witness assistance; 
 45.33     ~~(5)~~ (4) serve as a clearinghouse for information concerning 
 45.34  victim and witness programs; 
 45.35     ~~(6)~~ (5) develop guidelines for the implementation of victim 
 45.36  and witness assistance programs and aid in the creation and 
 46.1   development of programs; 
 46.2      ~~(7)~~ (6) coordinate the development and implementation of 
 46.3   policies and guidelines for the treatment of victims and 
 46.4   witnesses, and the delivery of services to them; and 
 46.5      ~~(8)~~ (7) develop ongoing public awareness efforts and 
 46.6   programs to assist victims~~; and~~ 
 46.7      ~~(9) administer the grant program described in section~~ 
 46.8   ~~611A.675~~. 
 46.9      Subd. 6.  [~~EXECUTIVE DIRECTOR~~ PROGRAM MANAGER.] The 
 46.10  commissioner ~~of public safety~~ shall, with the advice of the 
 46.11  advisory council, select and employ ~~an executive director~~ a 
 46.12  program manager for the council who shall ~~serve in the~~ 
 46.13  ~~unclassified service at the pleasure of the commissioner and~~ 
 46.14  ~~shall~~ aid the council in the performance of its duties under 
 46.15  subdivision 5 and ~~supervise the administration of the Crime~~ 
 46.16  ~~Victims Reparations Act~~ manage the department's communications, 
 46.17  training, and research unit. 
 46.18     Subd. 7.  [EXPIRATION.] The council expires on June 30, 
 46.19  2001. 
 46.20     Sec. 60.  Minnesota Statutes 1998, section 611A.74, 
 46.21  subdivision 1a, is amended to read: 
 46.22     Subd. 1a.  [ORGANIZATION OF OFFICE.] (a) The ombudsman may 
 46.23  appoint employees necessary to discharge responsibilities of the 
 46.24  office.  The ombudsman may delegate to staff members any of the 
 46.25  ombudsman's authority or duties except the duties of formally 
 46.26  making recommendations to appropriate authorities and reports to 
 46.27  the office of the governor or to the legislature. 
 46.28     (b) The commissioner ~~of public safety~~ shall provide office 
 46.29  space and administrative support services to the ombudsman and 
 46.30  the ombudsman's staff. 
 46.31     (c) The crime victim ombudsman shall report to the 
 46.32  legislature biennially on the activities of the crime victim 
 46.33  ombudsman. 
 46.34     Sec. 61.  Minnesota Statutes 1998, section 611A.76, is 
 46.35  amended to read: 
 46.36     611A.76 [CRIME VICTIM SERVICES TELEPHONE LINE.] 
 47.1      The ~~commissioner of public safety~~ office of the crime 
 47.2   victim ombudsman shall operate at least one statewide toll-free 
 47.3   24-hour telephone line for the purpose of providing crime 
 47.4   victims with referrals for victim services and resources. 
 47.5      Sec. 62.  Minnesota Statutes 1999 Supplement, section 
 47.6   611A.77, subdivision 1, is amended to read: 
 47.7      Subdivision 1.  [~~GRANTS~~ DEFINITIONS.] ~~The executive~~ 
 47.8   ~~director of the center for crime victim services shall award~~ 
 47.9   ~~grants to nonprofit organizations to create or expand mediation~~ 
 47.10  ~~programs for crime victims and offenders.~~  For purposes of this 
 47.11  section~~,~~: 
 47.12     (1) "offender" means an adult charged with a nonviolent 
 47.13  crime or a juvenile who has been referred to a mediation program 
 47.14  before or after a petition for delinquency has been filed in 
 47.15  connection with a nonviolent offense~~,~~; and 
 47.16     (2) "nonviolent crime" and "nonviolent offense" exclude any 
 47.17  offense in which the victim is a family or household member, as 
 47.18  defined in section 518B.01, subdivision 2. 
 47.19     Sec. 63.  Minnesota Statutes 1999 Supplement, section 
 47.20  611A.77, subdivision 2, is amended to read: 
 47.21     Subd. 2.  [PROGRAMS.] The ~~executive director of the center~~ 
 47.22  ~~for crime victim services~~ commissioner shall award grants to 
 47.23  nonprofit organizations to create or expand mediation programs 
 47.24  for crime victims and offenders.  The grants must further the 
 47.25  following goals: 
 47.26     (1) to expand existing mediation programs for crime victims 
 47.27  and juvenile offenders to also include adult offenders; 
 47.28     (2) to initiate victim-offender mediation programs in areas 
 47.29  that have no victim-offender mediation programs; 
 47.30     (3) to expand the opportunities for crime victims to be 
 47.31  involved in the criminal justice process; 
 47.32     (4) to evaluate the effectiveness of victim-offender 
 47.33  mediation programs in reducing recidivism and encouraging the 
 47.34  payment of court-ordered restitution; and 
 47.35     (5) to evaluate the satisfaction of victims who participate 
 47.36  in the mediation programs. 
 48.1      Sec. 64.  Minnesota Statutes 1999 Supplement, section 
 48.2   611A.77, subdivision 3, is amended to read: 
 48.3      Subd. 3.  [MEDIATOR QUALIFICATIONS.] The ~~executive director~~ 
 48.4   ~~of the center for crime victim services~~ commissioner shall 
 48.5   establish criteria to ensure that mediators participating in the 
 48.6   program are qualified. 
 48.7      Sec. 65.  [TRANSFERS FROM OTHER AGENCIES.] 
 48.8      The responsibilities of the department of corrections with 
 48.9   respect to victims services and restorative justice are 
 48.10  transferred to the department of crime victims and violence 
 48.11  prevention under Minnesota Statutes, section 15.039.  The 
 48.12  responsibilities of the department of public safety with respect 
 48.13  to crime victims services, multidisciplinary chemical abuse 
 48.14  prevention teams, the weed and seed grant program, the drug 
 48.15  abuse resistance education (DARE) program and DARE advisory 
 48.16  council, the office of drug policy and violence prevention, and 
 48.17  the Asian-American juvenile crime intervention and prevention 
 48.18  grant program are transferred to the department of crime victims 
 48.19  and violence prevention under Minnesota Statutes, section 
 48.20  15.039.  The responsibilities of the department of children, 
 48.21  families, and learning with respect to the abused children 
 48.22  programs, family visitation center grants, the Children's Trust 
 48.23  Fund for the Prevention of Child Abuse Act, and the learn and 
 48.24  earn graduation achievement program are transferred to the 
 48.25  department of crime victims and violence prevention under 
 48.26  Minnesota Statutes, section 15.039.  The responsibilities of the 
 48.27  department of health with respect to the home visiting program 
 48.28  are transferred to the department of crime victims and violence 
 48.29  prevention under Minnesota Statutes, section 15.039.  The 
 48.30  responsibilities of the department of economic security with 
 48.31  respect to the juvenile justice advisory committee and the youth 
 48.32  intervention programs are transferred to the department of crime 
 48.33  victims and violence prevention under Minnesota Statutes, 
 48.34  section 15.039.  The responsibilities of the bureau of criminal 
 48.35  apprehension with respect to witness and victim protection 
 48.36  grants are transferred to the department of crime victims and 
 49.1   violence prevention under Minnesota Statutes, section 15.039.  
 49.2   The responsibilities of the center for crime victim services 
 49.3   with respect to the mediation grant program for crime victims 
 49.4   and offenders and all other responsibilities are transferred to 
 49.5   the department of crime victims and violence prevention under 
 49.6   Minnesota Statutes, section 15.039. 
 49.7      Sec. 66.  [INSTRUCTION TO REVISOR.] 
 49.8      The revisor of statutes shall renumber each section of 
 49.9   Minnesota Statutes listed in column A with the number listed in 
 49.10  column B.  The revisor shall also make necessary cross-reference 
 49.11  changes consistent with the renumbering. 
 49.12         Column A                          Column B
 49.13         611A.02, subdivision 2            611B.05, subdivision 1
 49.14         611A.02, subdivision 3            611B.05, subdivision 2
 49.15         611A.0311                         611B.06
 49.16         611A.04, subdivision 1            611B.07, subdivision 1
 49.17         611A.04, subdivision 1a           611B.07, subdivision 2
 49.18         611A.04, subdivision 1b           611B.07, subdivision 3
 49.19         611A.04, subdivision 2            611B.07, subdivision 4
 49.20         611A.04, subdivision 3            611B.07, subdivision 5
 49.21         611A.04, subdivision 4            611B.07, subdivision 6
 49.22         611A.04, subdivision 5            611B.07, subdivision 7
 49.23         611A.045, subdivision 1           611B.08, subdivision 1
 49.24         611A.045, subdivision 2           611B.08, subdivision 2
 49.25         611A.045, subdivision 2a          611B.08, subdivision 3
 49.26         611A.045, subdivision 3           611B.08, subdivision 4
 49.27         611A.046                          611B.09
 49.28         611A.05                           611B.10
 49.29         611A.204                          611B.11
 49.30         611A.205                          611B.12
 49.31         611A.206                          611B.13
 49.32         611A.225                          611B.14
 49.33         611A.25                           611B.15
 49.34         611A.32, subdivision 1            611B.16, subdivision 1
 49.35         611A.32, subdivision 1a           611B.16, subdivision 2
 49.36         611A.32, subdivision 2            611B.16, subdivision 3
 50.1          611A.32, subdivision 5            611B.16, subdivision 4
 50.2          611A.34, subdivision 1            611B.17, subdivision 1
 50.3          611A.34, subdivision 2            611B.17, subdivision 2
 50.4          611A.34, subdivision 2a           611B.17, subdivision 3
 50.5          611A.34, subdivision 3            611B.17, subdivision 4
 50.6          611A.35                           611B.18
 50.7          611A.36                           611B.19
 50.8          611A.361, subdivision 1           611B.20, subdivision 1
 50.9          611A.361, subdivision 2           611B.20, subdivision 2
 50.10         611A.361, subdivision 3           611B.20, subdivision 3
 50.11         611A.361, subdivision 5           611B.20, subdivision 4
 50.12         611A.366                          611B.21
 50.13         611A.51                           611B.22
 50.14         611A.52                           611B.23
 50.15         611A.53, subdivision 1            611B.24, subdivision 1
 50.16         611A.53, subdivision 1a           611B.24, subdivision 2
 50.17         611A.53, subdivision 1b           611B.24, subdivision 3
 50.18         611A.53, subdivision 2            611B.24, subdivision 4
 50.19         611A.54                           611B.25
 50.20         611A.55                           611B.26
 50.21         611A.56                           611B.27
 50.22         611A.57                           611B.28
 50.23         611A.58                           611B.29
 50.24         611A.60                           611B.30
 50.25         611A.61                           611B.31
 50.26         611A.612                          611B.32
 50.27         611A.62                           611B.33
 50.28         611A.63                           611B.34
 50.29         611A.64                           611B.35
 50.30         611A.65                           611B.36
 50.31         611A.66                           611B.37
 50.32         611A.67                           611B.38
 50.33         611A.675                          611B.40
 50.34         611A.70                           611B.41
 50.35         611A.71                           611B.42
 50.36         611A.72                           611B.45
 51.1          611A.73                           611B.46
 51.2          611A.74, subdivision 1            611B.47, subdivision 1
 51.3          611A.74, subdivision 1a           611B.47, subdivision 2
 51.4          611A.74, subdivision 2            611B.47, subdivision 3
 51.5          611A.74, subdivision 3            611B.47, subdivision 4
 51.6          611A.74, subdivision 4            611B.47, subdivision 5
 51.7          611A.74, subdivision 5            611B.47, subdivision 6
 51.8          611A.74, subdivision 6            611B.47, subdivision 7
 51.9          611A.76                           611B.48
 51.10         611A.77                           611B.49
 51.11         268.29                            611B.60
 51.12         268.30, subdivision 1             611B.61, subdivision 1
 51.13         268.30, subdivision 1a            611B.61, subdivision 2
 51.14         268.30, subdivision 2             611B.61, subdivision 3
 51.15         299A.33                           611B.62
 51.16         299A.331                          611B.63
 51.17         299C.065, subdivision 1a          611B.64, subdivision 1
 51.18         299C.065, subdivision 3a          611B.64, subdivision 2
 51.19         119A.20                           611B.65
 51.20         119A.21                           611B.66
 51.21         119A.22                           611B.67
 51.22         119A.23                           611B.68
 51.23         119A.10                           611B.69
 51.24         119A.11, subdivision 1            611B.70, subdivision 1
 51.25         119A.11, subdivision 2            611B.70, subdivision 2
 51.26         119A.11, subdivision 3            611B.70, subdivision 3
 51.27         119A.11, subdivision 4            611B.70, subdivision 4
 51.28         119A.11, subdivision 5            611B.70, subdivision 5
 51.29         119A.11, subdivision 7            611B.70, subdivision 6
 51.30         119A.11, subdivision 8            611B.70, subdivision 7
 51.31         119A.11, subdivision 9            611B.70, subdivision 8
 51.32         119A.11, subdivision 10           611B.70, subdivision 9
 51.33         119A.11, subdivision 11           611B.70, subdivision 10
 51.34         119A.11, subdivision 12           611B.70, subdivision 11
 51.35         119A.12                           611B.71
 51.36         119A.13                           611B.72
 52.1          119A.14                           611B.73
 52.2          119A.15                           611B.74
 52.3          119A.16                           611B.75
 52.4          119A.17                           611B.76
 52.5          299A.291                          611B.77
 52.6          299A.292                          611B.78
 52.7          299A.293                          611B.79
 52.8          299A.294                          611B.80
 52.9          299A.295                          611B.81
 52.10         299A.296                          611B.82
 52.11         299A.297                          611B.83
 52.12         299A.298                          611B.84
 52.13         299A.299                          611B.85
 52.14         119A.37                           611B.86
 52.15         124D.32                           611B.87
 52.16         299A.2994                         611B.88
 52.17         299A.63                           611B.89
 52.18         145A.15                           611B.90
 52.19     Sec. 67.  [APPROPRIATION.] 
 52.20     $....... is appropriated to the commissioner of crime 
 52.21  victims and violence prevention from the general fund for the 
 52.22  fiscal year ending June 30, 2001, to: 
 52.23     (1) hire personnel necessary: 
 52.24     (i) to perform auditing and research functions within the 
 52.25  department; and 
 52.26     (ii) to coordinate and maximize the securing of money from 
 52.27  independent sources for grant purposes; and 
 52.28     (2) organize the department and implement this act. 
 52.29     Sec. 68.  [REPEALER.] 
 52.30     Minnesota Statutes 1998, sections 119A.11, subdivision 6; 
 52.31  119A.20, subdivision 4; 611A.02, subdivision 1; 611A.21; 
 52.32  611A.22; 611A.221; 611A.31; 611A.33; 611A.345; 611A.41; 611A.43; 
 52.33  and 611A.78, are repealed. 
 52.34     Sec. 69.  [EFFECTIVE DATE.] 
 52.35     This act is effective on July 1, 2000.