1.1                          A bill for an act 
  1.2             relating to appropriations; changing and reducing 
  1.3             appropriations made for public safety, criminal 
  1.4             justice, and other agencies and activities; making 
  1.5             clarifying changes; allocating driver's license 
  1.6             reinstatement fees and surcharges; establishing 
  1.7             certain fees; providing for the distribution and 
  1.8             expenditure of fees; requiring deposit of portions of 
  1.9             certain fees in the general fund; requiring 
  1.10            co-payments for public defender appointments; 
  1.11            requiring payments to designated shelter facilities to 
  1.12            be in the form of grants; establishing a working group 
  1.13            on criminal justice efficiency; abolishing the office 
  1.14            of corrections ombudsman; imposing crime victims 
  1.15            oversight duties on the commissioner of public safety; 
  1.16            amending Minnesota Statutes 2000, sections 13.871, 
  1.17            subdivision 5; 120A.34; 135A.15, subdivision 1; 
  1.18            168A.40, subdivision 4; 299F.011, by adding a 
  1.19            subdivision; 299L.02, subdivision 7; 299L.07, 
  1.20            subdivision 5; 611.17; 611A.371, subdivision 1; 
  1.21            611A.373; 611A.72; 611A.73, subdivision 2, by adding a 
  1.22            subdivision; 611A.74, subdivisions 2, 3, 4, 5, 6; 
  1.23            Minnesota Statutes 2001 Supplement, sections 171.29, 
  1.24            subdivision 2; 242.192; 256.022, subdivision 1; 
  1.25            260B.007, subdivision 16; 260C.007, subdivision 6; 
  1.26            299A.75, subdivision 1; 611A.372; 611A.74, subdivision 
  1.27            1; Laws 2001, First Special Session chapter 8, article 
  1.28            4, section 10, subdivisions 1, 7; Laws 2001, First 
  1.29            Special Session chapter 8, article 4, section 11; 
  1.30            repealing Minnesota Statutes 2000, sections 241.41; 
  1.31            241.42; 241.43; 241.44; 241.441; 611A.37, subdivisions 
  1.32            6, 7; 611A.375; 611A.74, subdivision 1a; Minnesota 
  1.33            Statutes 2001 Supplement, section 241.45; Laws 1996, 
  1.34            chapter 408, article 2, section 10. 
  1.35  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.36                             ARTICLE 1 
  1.37                  CRIMINAL JUSTICE APPROPRIATIONS 
  1.38  Section 1.  APPROPRIATIONS/REDUCTIONS 
  1.39     The dollar amounts in the columns under "APPROPRIATIONS" 
  1.40  are added to or, if shown in parentheses, are subtracted from 
  2.1   the appropriations in Laws 2001, First Special Session chapters 
  2.2   8, 9, or other law to the specified agencies.  The 
  2.3   appropriations are from the general fund or other named fund and 
  2.4   are available for the fiscal years indicated for each purpose.  
  2.5   The figure "2002" or "2003" means that the addition to or 
  2.6   subtraction from the appropriations listed under the figure are 
  2.7   for the fiscal year ending June 30, 2002, or June 30, 2003, 
  2.8   respectively. 
  2.9                                           2002           2003 
  2.10  APPROPRIATION REDUCTIONS              (8,166,000)   (25,342,000)
  2.11                          SUMMARY BY FUND
  2.12                                          2002           2003 
  2.13  General                           $   (8,166,000)$  (25,282,000)
  2.14  Special Revenue                                         (60,000)
  2.15                                             APPROPRIATIONS 
  2.16                                          2002           2003
  2.17  Sec. 2.  SUPREME COURT               -0-            ( 1,656,000)
  2.18  $459,000 the second year is to reduce 
  2.19  funding to civil legal services.  The 
  2.20  base for fiscal year 2004 shall be 
  2.21  reduced by $500,000 and for fiscal year 
  2.22  2005 by $500,000.  The funding and base 
  2.23  for civil legal services may not be 
  2.24  reduced more than these amounts. 
  2.25  The base for fiscal year 2004 shall be 
  2.26  reduced by $1,614,000 and for fiscal 
  2.27  year 2005 by $1,504,000. 
  2.28  No portion of this reduction may come 
  2.29  from a reduction in spending of the 
  2.30  funds appropriated to the courts for 
  2.31  the Minnesota criminal information 
  2.32  system. 
  2.33  Sec. 3.  COURT OF APPEALS               -0-           (243,000)
  2.34  The base for fiscal year 2004 shall be 
  2.35  reduced by $325,000 and for fiscal year 
  2.36  2005 by $325,000. 
  2.37  Sec. 4.  DISTRICT COURTS                -0-         (3,865,000)
  2.38  The base for fiscal year 2004 shall be 
  2.39  reduced by $7,224,000 and for fiscal 
  2.40  year 2005 by $8,002,000.  These 
  2.41  appropriation reductions may also be 
  2.42  applied to the appropriations to the 
  2.43  trial courts as amended in Laws 2001, 
  2.44  First Special Session chapter 8, 
  2.45  article 5, section 23. 
  2.46  Sec. 5.  HUMAN RIGHTS                   -0-           (207,000)
  2.47  The base for fiscal year 2004 shall be 
  3.1   reduced by $227,000 and for fiscal year 
  3.2   2005 by $227,000. 
  3.3   Sec. 6.  BOARD OF PUBLIC
  3.4   DEFENSE                                 -0-         (1,766,000)
  3.5   For the board of public defense, the 
  3.6   base for fiscal year 2004 shall be 
  3.7   reduced by $2,313,000 and for fiscal 
  3.8   year 2005 by $2,313,000. 
  3.9   Sec. 7.  CORRECTIONS
  3.10  Subdivision 1.  Total 
  3.11  Appropriation Changes                (5,165,000)   (12,380,000)
  3.12  Subd. 2.  Adult Institutions         (5,200,000)    (3,000,000)
  3.13  For adult institutions, the base for 
  3.14  fiscal year 2004 shall be reduced by 
  3.15  $4,988,000 and for fiscal year 2005 by 
  3.16  $4,988,000. 
  3.17  Subd. 3.  Juvenile Services             -0-           (115,000)
  3.18  Subd. 4.  Community Services           35,000       (8,815,000)
  3.19  [RESTORATIVE JUSTICE PROGRAM.] $443,000 
  3.20  the second year is to eliminate funding 
  3.21  for the restorative justice program. 
  3.22  [AMERICAN INDIAN PROGRAMS.] $421,000 
  3.23  the second year is to eliminate funding 
  3.24  for the American Indian programs. 
  3.25  [CRIMINAL JUSTICE AND JAIL RESOURCE 
  3.26  CENTER.] $205,000 the second year is to 
  3.27  eliminate funding for the criminal 
  3.28  justice and jail resource center. 
  3.29  [JUVENILE RESIDENTIAL TREATMENT 
  3.30  GRANTS.] $5,000,000 the second year is 
  3.31  to reduce juvenile residential 
  3.32  treatment grants.  
  3.33  [EXTENDED JUVENILE JURISDICTION 
  3.34  REIMBURSEMENT.] $1,998,000 the second 
  3.35  year is to eliminate extended juvenile 
  3.36  jurisdiction reimbursement grants.  
  3.37  [CLEARWATER COUNTY PROBATION SERVICES.] 
  3.38  $35,000 the first year and $74,000 the 
  3.39  second year are for an increase to 
  3.40  probation services provided to 
  3.41  Clearwater county.  It is anticipated 
  3.42  that the county will reimburse the 
  3.43  state for these costs and that these 
  3.44  proceeds will be deposited in the 
  3.45  general fund. 
  3.46  [PRETRIAL BAIL EVALUATION 
  3.47  REIMBURSEMENT.] $322,000 the second 
  3.48  year is to eliminate pretrial bail 
  3.49  evaluation reimbursement.  
  3.50  [COMMUNITY REENTRY PROGRAM.] $200,000 
  3.51  the second year is to eliminate the 
  3.52  community reentry program.  
  3.53  [RESEARCH UNIT.] $300,000 the second 
  3.54  year is to reduce funding for the 
  4.1   research unit. The base for community 
  4.2   services shall be reduced by $400,000 
  4.3   in fiscal year 2004 and $400,000 in 
  4.4   fiscal year 2005 to reflect decreased 
  4.5   funding for the research unit. 
  4.6   [REMOTE ELECTRONIC ALCOHOL MONITORING 
  4.7   PROGRAM.] The base for community 
  4.8   services shall be reduced by $100,000 
  4.9   for fiscal year 2004 and $100,000 for 
  4.10  fiscal year 2005 to reflect decreased 
  4.11  funding for the remote electronic 
  4.12  alcohol monitoring project. 
  4.13  [CONTINUUM OF CARE GRANTS.] The base 
  4.14  for community services shall be reduced 
  4.15  by $1,000,000 for fiscal year 2004 and 
  4.16  $1,000,000 for fiscal year 2005 to 
  4.17  reflect the elimination of continuum of 
  4.18  care grants for juveniles at high risk 
  4.19  to become extended jurisdiction 
  4.20  juveniles and for extended jurisdiction 
  4.21  juveniles. 
  4.22  [FEMALE OFFENDER PROBATION UNIT.] The 
  4.23  base for community services shall be 
  4.24  reduced by $242,000 for fiscal year 
  4.25  2004 and $242,000 for fiscal year 2005 
  4.26  to reflect decreased funding for the 
  4.27  female offender probation unit. 
  4.28  Subd. 5.  Management Services                         (450,000)
  4.29  The base for fiscal year 2004 shall be 
  4.30  reduced by $600,000 and for fiscal year 
  4.31  2005 by $600,000. 
  4.32  Sec. 8.  PUBLIC SAFETY
  4.33  Subdivision 1.  Total 
  4.34  Appropriation Reductions             (3,001,000)     (4,363,000)
  4.35  Subd. 2.  Emergency Management         (200,000)     (1,200,000)
  4.36  For emergency management, the base for 
  4.37  fiscal year 2004 shall be reduced by 
  4.38  $2,990,000 and for fiscal year 2005 by 
  4.39  $2,990,000. 
  4.40  Subd. 3.  Fire Marshal                  -0-              (84,000)
  4.41  The base for fiscal year 2004 shall be 
  4.42  reduced by $99,000 and for fiscal year 
  4.43  2005 by $99,000. 
  4.44  Subd. 4.  Alcohol and Gambling
  4.45  Enforcement                             -0-              (84,000)
  4.46  [BACKGROUND CHECK FEE.] The fee charged 
  4.47  by the alcohol and gambling division to 
  4.48  Indian tribal governments for 
  4.49  investigations and background checks 
  4.50  under Minnesota Statutes, section 
  4.51  3.9221, is increased from $8 to $15, 
  4.52  effective July 1, 2002. 
  4.53  [BACKGROUND CHECK FEE.] The fee charged 
  4.54  by the alcohol and gambling division to 
  4.55  manufacturers and distributors of 
  4.56  gambling devices for background checks 
  4.57  under Minnesota Statutes, section 
  5.1   299L.07, subdivision 5, is increased 
  5.2   from $8 to $15, effective July 1, 2002. 
  5.3   For alcohol and gambling enforcement, 
  5.4   the base for fiscal year 2004 shall be 
  5.5   reduced by $168,000 and for fiscal year 
  5.6   2005 by $168,000. 
  5.7   Subd. 5.  Crime Victims
  5.8   Services Center                      (1,284,000)   (1,668,000)
  5.9   [SHELTER PER DIEMS.] $900,000 the first 
  5.10  year and $900,000 the second year are 
  5.11  reductions in per diem funding for 
  5.12  shelters. The base for the crime victim 
  5.13  services center shall be reduced by 
  5.14  $995,000 in fiscal year 2004 and 
  5.15  $995,000 in fiscal year 2005 to reflect 
  5.16  reduced funding for shelters. 
  5.17  [CRIME VICTIMS SERVICES STAFF AND 
  5.18  GRANTS.] $384,000 the first year and 
  5.19  $768,000 the second year are reductions 
  5.20  for crime victims services staff and 
  5.21  grants.  For crime victims services 
  5.22  grants, the base for fiscal year 2004 
  5.23  shall be reduced by $900,000 and for 
  5.24  fiscal year 2005 by $900,000. 
  5.25  Subd. 6.  Law Enforcement
  5.26  and Community Grants                 (1,517,000)   (1,327,000)
  5.27  [DRUG POLICY AND VIOLENCE PREVENTION 
  5.28  GRANTS.] $1,292,000 the first year and 
  5.29  $142,000 the second year are to reduce 
  5.30  drug policy and violence prevention 
  5.31  grants. The base for law enforcement 
  5.32  and community grants shall be reduced 
  5.33  by $243,000 in fiscal year 2004 and 
  5.34  $243,000 in fiscal year 2005 to reflect 
  5.35  reduced funding for drug policy and 
  5.36  violence prevention grants. 
  5.37  [MODEL POLICING; MENTAL ILLNESS CALLS.] 
  5.38  $150,000 the first year is to eliminate 
  5.39  the onetime appropriation for the model 
  5.40  policing program mental illness calls. 
  5.41  [CAMP RIPLEY WEEKEND CAMP.] $175,000 
  5.42  the second year is to eliminate the 
  5.43  Camp Ripley weekend camp.  
  5.44  [VIOLENCE PREVENTION COUNCIL.] $75,000 
  5.45  the first year and $75,000 the second 
  5.46  year are to eliminate grants to the 
  5.47  violence prevention council.  
  5.48  [AUTOMOBILE THEFT PREVENTION ACCOUNT.] 
  5.49  By June 30, 2002, the commissioner of 
  5.50  finance shall transfer the available 
  5.51  unencumbered balance from the 
  5.52  automobile theft prevention account in 
  5.53  the special revenue fund to the general 
  5.54  fund.  Minnesota Statutes, section 
  5.55  168A.40, subdivision 4, does not apply 
  5.56  to money transferred to the general 
  5.57  fund under this paragraph.  
  5.58  [VIOLENCE REDUCTION MEDIA CAMPAIGN.] 
  5.59  $750,000 the second year is to 
  5.60  eliminate the public advertising 
  6.1   campaign designed to reduce violence 
  6.2   and counteract the effect of violence 
  6.3   in the media. 
  6.4   [STAFF SAVINGS.] $185,000 the second 
  6.5   year is to reduce staff. The base for 
  6.6   law enforcement and community grants 
  6.7   shall be reduced by $250,000 in fiscal 
  6.8   year 2004 and $250,000 in fiscal year 
  6.9   2005 to reflect decreased funding for 
  6.10  staff. 
  6.11    Sec. 9.  OMBUDSMAN FOR CORRECTIONS     -0-          (336,000)
  6.12    Sec. 10.  SENTENCING GUIDELINES
  6.13  COMMISSION                               -0-           (55,000)
  6.14  The base for fiscal year 2004 shall be 
  6.15  reduced by $60,000 and for fiscal year 
  6.16  2005 by $60,000. 
  6.17    Sec. 11.  CRIME VICTIM OMBUDSMAN       -0-          (411,000)
  6.18     Sec. 12.  [ADMINISTRATION.] 
  6.19     [ISSUANCE OF REQUEST FOR PROPOSALS; FELONY-LEVEL DWI 
  6.20  OFFENDERS.] The commissioner of administration shall issue a 
  6.21  request for proposals by November 1, 2002, and shall make a 
  6.22  report by January 15, 2003, to the legislature on the vendor 
  6.23  proposals received that would provide housing and chemical 
  6.24  dependency treatment for felony-level driving while impaired 
  6.25  offenders.  The department of corrections shall respond to the 
  6.26  request for proposals. 
  6.27     Sec. 13.  Laws 2001, First Special Session chapter 8, 
  6.28  article 4, section 11, is amended to read: 
  6.29  Sec. 11.  BOARD OF PEACE OFFICER 
  6.30  STANDARDS AND TRAINING                 4,692,000      ~~4,724,000~~
  6.31                                                        4,664,000
  6.32  [PEACE OFFICER TRAINING ACCOUNT.] This 
  6.33  appropriation is from the peace officer 
  6.34  training account in the special revenue 
  6.35  fund.  Any receipts credited to the 
  6.36  peace officer training account in the 
  6.37  special revenue fund in the first year 
  6.38  in excess of $4,692,000 must be 
  6.39  transferred and credited to the general 
  6.40  fund.  Any receipts credited to the 
  6.41  peace officer training account in the 
  6.42  special revenue fund in the second year 
  6.43  in excess of ~~$4,724,000~~ $4,664,000 must 
  6.44  be transferred and credited to the 
  6.45  general fund. 
  6.46  The base for fiscal year 2004 shall be 
  6.47  reduced by an additional $60,000 and 
  6.48  for fiscal year 2005 by an additional 
  6.49  $60,000. 
  6.50     Sec. 14.  Minnesota Statutes 2000, section 168A.40, 
  7.1   subdivision 4, is amended to read: 
  7.2      Subd. 4.  [AUTOMOBILE THEFT PREVENTION ACCOUNT.] A special 
  7.3   revenue account is created in the state treasury to be credited 
  7.4   with the proceeds of the surcharge imposed under subdivision 3.  
  7.5   Of the revenue in the account, $1,300,000 each year shall be 
  7.6   transferred to the general fund.  Revenues in excess of 
  7.7   $1,300,000 each year may be used only for the automobile theft 
  7.8   prevention program described in section 299A.75. 
  7.9      Sec. 15.  Minnesota Statutes 2001 Supplement, section 
  7.10  171.29, subdivision 2, is amended to read: 
  7.11     Subd. 2.  [REINSTATEMENT FEES AND SURCHARGES, ALLOCATION.] 
  7.12  (a) A person whose driver's license has been revoked as provided 
  7.13  in subdivision 1, except under section 169A.52, 169A.54, or 
  7.14  609.21, shall pay a $30 fee before the driver's license is 
  7.15  reinstated. 
  7.16     (b) A person whose driver's license has been revoked as 
  7.17  provided in subdivision 1 under section 169A.52, 169A.54, or 
  7.18  609.21, shall pay a $250 fee plus a $40 surcharge before the 
  7.19  driver's license is reinstated.  Beginning July 1, 2002, the 
  7.20  surcharge is $145.  Beginning July 1, 2003, the surcharge is 
  7.21  $380.  The $250 fee is to be credited as follows: 
  7.22     (1) Twenty percent must be credited to the trunk highway 
  7.23  fund. 
  7.24     (2) ~~Fifty-five~~ Sixty-seven percent must be credited to the 
  7.25  general fund. 
  7.26     (3) Eight percent must be credited to a separate account to 
  7.27  be known as the bureau of criminal apprehension account.  Money 
  7.28  in this account may be appropriated to the commissioner of 
  7.29  public safety and the appropriated amount must be apportioned 80 
  7.30  percent for laboratory costs and 20 percent for carrying out the 
  7.31  provisions of section 299C.065. 
  7.32     (4) ~~Twelve percent must be credited to a separate account~~ 
  7.33  ~~to be known as the alcohol-impaired driver education account.~~  
  7.34  ~~Money in the account is appropriated as follows:~~ 
  7.35     ~~(i) in fiscal year 2002:~~ 
  7.36     ~~(A) the first $200,000 to the commissioner of children,~~ 
  8.1   ~~families, and learning for programs for elementary and secondary~~ 
  8.2   ~~school students; and~~ 
  8.3      ~~(B) the remainder credited to the commissioner of public~~ 
  8.4   ~~safety to be spent as grants through March 31, 2002, to the~~ 
  8.5   ~~Minnesota highway safety center at St. Cloud State University~~ 
  8.6   ~~for programs relating to alcohol and highway safety education in~~ 
  8.7   ~~elementary and secondary schools and then from April 1, 2002,~~ 
  8.8   ~~through June 30, 2002, for programs described in item (ii); and~~ 
  8.9      ~~(ii) after June 30, 2002, to the commissioner of public~~ 
  8.10  ~~safety for grants for programs relating to alcohol and highway~~ 
  8.11  ~~safety education in elementary and secondary schools.~~ 
  8.12     ~~(5)~~ Five percent must be credited to a separate account to 
  8.13  be known as the traumatic brain injury and spinal cord injury 
  8.14  account.  The money in the account is annually appropriated to 
  8.15  the commissioner of health to be used as follows:  35 percent 
  8.16  for a contract with a qualified community-based organization to 
  8.17  provide information, resources, and support to assist persons 
  8.18  with traumatic brain injury and their families to access 
  8.19  services, and 65 percent to maintain the traumatic brain injury 
  8.20  and spinal cord injury registry created in section 144.662.  For 
  8.21  the purposes of this clause, a "qualified community-based 
  8.22  organization" is a private, not-for-profit organization of 
  8.23  consumers of traumatic brain injury services and their family 
  8.24  members.  The organization must be registered with the United 
  8.25  States Internal Revenue Service under section 501(c)(3) as a 
  8.26  tax-exempt organization and must have as its purposes:  
  8.27     (i) the promotion of public, family, survivor, and 
  8.28  professional awareness of the incidence and consequences of 
  8.29  traumatic brain injury; 
  8.30     (ii) the provision of a network of support for persons with 
  8.31  traumatic brain injury, their families, and friends; 
  8.32     (iii) the development and support of programs and services 
  8.33  to prevent traumatic brain injury; 
  8.34     (iv) the establishment of education programs for persons 
  8.35  with traumatic brain injury; and 
  8.36     (v) the empowerment of persons with traumatic brain injury 
  9.1   through participation in its governance. 
  9.2   No patient's name, identifying information or identifiable 
  9.3   medical data will be disclosed to the organization without the 
  9.4   informed voluntary written consent of the patient or patient's 
  9.5   guardian, or if the patient is a minor, of the parent or 
  9.6   guardian of the patient. 
  9.7      (c) The surcharge must be credited to a separate account to 
  9.8   be known as the remote electronic alcohol monitoring program 
  9.9   account.  The commissioner shall transfer the balance of this 
  9.10  account to the commissioner of finance on a monthly basis for 
  9.11  deposit in the general fund. 
  9.12     (d) When these fees are collected by a licensing agent, 
  9.13  appointed under section 171.061, a handling charge is imposed in 
  9.14  the amount specified under section 171.061, subdivision 4.  The 
  9.15  reinstatement fees and surcharge must be deposited in an 
  9.16  approved state depository as directed under section 171.061, 
  9.17  subdivision 4. 
  9.18     Sec. 16.  Minnesota Statutes 2000, section 120A.34, is 
  9.19  amended to read: 
  9.20     120A.34 [VIOLATIONS; PENALTIES.] 
  9.21     Any person who fails or refuses to provide for instruction 
  9.22  of a child of whom the person has legal custody, and who is 
  9.23  required by section 120A.22, subdivision 5, to receive 
  9.24  instruction, when notified so to do by a truant officer or other 
  9.25  official, or any person who induces or attempts to induce any 
  9.26  child unlawfully to be absent from school, or who knowingly 
  9.27  harbors or employs, while school is in session, any child 
  9.28  unlawfully absent from school, shall be guilty of a petty 
  9.29  misdemeanor.  Any fines collected shall be paid into the county 
  9.30  treasury for the benefit of the school district in which the 
  9.31  offense is committed. 
  9.32     Sec. 17.  Minnesota Statutes 2001 Supplement, section 
  9.33  260B.007, subdivision 16, is amended to read: 
  9.34     Subd. 16.  [JUVENILE PETTY OFFENDER; JUVENILE PETTY 
  9.35  OFFENSE.] (a) "Juvenile petty offense" includes a juvenile 
  9.36  alcohol offense, a juvenile controlled substance offense, a 
 10.1   violation of section 609.685, or a violation of a local 
 10.2   ordinance, which by its terms prohibits conduct by a child under 
 10.3   the age of 18 years which would be lawful conduct if committed 
 10.4   by an adult.  "Juvenile petty offense" also includes the first 
 10.5   two times that a child is a habitual truant, as defined in 
 10.6   section 260C.007, subdivision 19. 
 10.7      (b) Except as otherwise provided in paragraph (c), 
 10.8   "juvenile petty offense" also includes an offense that would be 
 10.9   a misdemeanor if committed by an adult.  
 10.10     (c) "Juvenile petty offense" does not include any of the 
 10.11  following: 
 10.12     (1) a misdemeanor-level violation of section 518B.01, 
 10.13  588.20, 609.224, 609.2242, 609.324, 609.563, 609.576, 609.66, 
 10.14  609.746, 609.748, 609.79, or 617.23; 
 10.15     (2) a major traffic offense or an adult court traffic 
 10.16  offense, as described in section 260B.225; 
 10.17     (3) a misdemeanor-level offense committed by a child whom 
 10.18  the juvenile court previously has found to have committed a 
 10.19  misdemeanor, gross misdemeanor, or felony offense; or 
 10.20     (4) a misdemeanor-level offense committed by a child whom 
 10.21  the juvenile court has found to have committed a 
 10.22  misdemeanor-level juvenile petty offense on two or more prior 
 10.23  occasions, unless the county attorney designates the child on 
 10.24  the petition as a juvenile petty offender notwithstanding this 
 10.25  prior record.  As used in this clause, "misdemeanor-level 
 10.26  juvenile petty offense" includes a misdemeanor-level offense 
 10.27  that would have been a juvenile petty offense if it had been 
 10.28  committed on or after July 1, 1995.  
 10.29     (d) A child who commits a juvenile petty offense is a 
 10.30  "juvenile petty offender."  
 10.31     Sec. 18.  Minnesota Statutes 2001 Supplement, section 
 10.32  260C.007, subdivision 6, is amended to read: 
 10.33     Subd. 6.  [CHILD IN NEED OF PROTECTION OR SERVICES.] "Child 
 10.34  in need of protection or services" means a child who is in need 
 10.35  of protection or services because the child: 
 10.36     (1) is abandoned or without parent, guardian, or custodian; 
 11.1      (2)(i) has been a victim of physical or sexual abuse, (ii) 
 11.2   resides with or has resided with a victim of domestic child 
 11.3   abuse as defined in subdivision 5, (iii) resides with or would 
 11.4   reside with a perpetrator of domestic child abuse or child abuse 
 11.5   as defined in subdivision 5, or (iv) is a victim of emotional 
 11.6   maltreatment as defined in subdivision 8; 
 11.7      (3) is without necessary food, clothing, shelter, 
 11.8   education, or other required care for the child's physical or 
 11.9   mental health or morals because the child's parent, guardian, or 
 11.10  custodian is unable or unwilling to provide that care; 
 11.11     (4) is without the special care made necessary by a 
 11.12  physical, mental, or emotional condition because the child's 
 11.13  parent, guardian, or custodian is unable or unwilling to provide 
 11.14  that care, including a child in voluntary placement due solely 
 11.15  to the child's developmental disability or emotional 
 11.16  disturbance; 
 11.17     (5) is medically neglected, which includes, but is not 
 11.18  limited to, the withholding of medically indicated treatment 
 11.19  from a disabled infant with a life-threatening condition.  The 
 11.20  term "withholding of medically indicated treatment" means the 
 11.21  failure to respond to the infant's life-threatening conditions 
 11.22  by providing treatment, including appropriate nutrition, 
 11.23  hydration, and medication which, in the treating physician's or 
 11.24  physicians' reasonable medical judgment, will be most likely to 
 11.25  be effective in ameliorating or correcting all conditions, 
 11.26  except that the term does not include the failure to provide 
 11.27  treatment other than appropriate nutrition, hydration, or 
 11.28  medication to an infant when, in the treating physician's or 
 11.29  physicians' reasonable medical judgment: 
 11.30     (i) the infant is chronically and irreversibly comatose; 
 11.31     (ii) the provision of the treatment would merely prolong 
 11.32  dying, not be effective in ameliorating or correcting all of the 
 11.33  infant's life-threatening conditions, or otherwise be futile in 
 11.34  terms of the survival of the infant; or 
 11.35     (iii) the provision of the treatment would be virtually 
 11.36  futile in terms of the survival of the infant and the treatment 
 12.1   itself under the circumstances would be inhumane; 
 12.2      (6) is one whose parent, guardian, or other custodian for 
 12.3   good cause desires to be relieved of the child's care and 
 12.4   custody, including a child in placement according to voluntary 
 12.5   release by the parent under section 260C.212, subdivision 8; 
 12.6      (7) has been placed for adoption or care in violation of 
 12.7   law; 
 12.8      (8) is without proper parental care because of the 
 12.9   emotional, mental, or physical disability, or state of 
 12.10  immaturity of the child's parent, guardian, or other custodian; 
 12.11     (9) is one whose behavior, condition, or environment is 
 12.12  such as to be injurious or dangerous to the child or others.  An 
 12.13  injurious or dangerous environment may include, but is not 
 12.14  limited to, the exposure of a child to criminal activity in the 
 12.15  child's home; 
 12.16     (10) is experiencing growth delays, which may be referred 
 12.17  to as failure to thrive, that have been diagnosed by a physician 
 12.18  and are due to parental neglect; 
 12.19     (11) has engaged in prostitution as defined in section 
 12.20  609.321, subdivision 9; 
 12.21     (12) has committed a delinquent act or a juvenile petty 
 12.22  offense before becoming ten years old; 
 12.23     (13) is a runaway; 
 12.24     (14) is a habitual truant for the third time; 
 12.25     (15) has been found incompetent to proceed or has been 
 12.26  found not guilty by reason of mental illness or mental 
 12.27  deficiency in connection with a delinquency proceeding, a 
 12.28  certification under section 260B.125, an extended jurisdiction 
 12.29  juvenile prosecution, or a proceeding involving a juvenile petty 
 12.30  offense; or 
 12.31     (16) has been found by the court to have committed domestic 
 12.32  abuse perpetrated by a minor under Laws 1997, chapter 239, 
 12.33  article 10, sections 2 to 26, has been ordered excluded from the 
 12.34  child's parent's home by an order for protection/minor 
 12.35  respondent, and the parent or guardian is either unwilling or 
 12.36  unable to provide an alternative safe living arrangement for the 
 13.1   child. 
 13.2      Sec. 19.  Minnesota Statutes 2001 Supplement, section 
 13.3   299A.75, subdivision 1, is amended to read: 
 13.4      Subdivision 1.  [PROGRAM DESCRIBED; COMMISSIONER'S DUTIES.] 
 13.5   (a) The commissioner of public safety shall: 
 13.6      (1) develop and sponsor the implementation of statewide 
 13.7   plans, programs, and strategies to combat automobile theft, 
 13.8   improve the administration of the automobile theft laws, and 
 13.9   provide a forum for identification of critical problems for 
 13.10  those persons dealing with automobile theft; 
 13.11     (2) coordinate the development, adoption, and 
 13.12  implementation of plans, programs, and strategies relating to 
 13.13  interagency and intergovernmental cooperation with respect to 
 13.14  automobile theft enforcement; 
 13.15     (3) annually audit the plans and programs that have been 
 13.16  funded in whole or in part to evaluate the effectiveness of the 
 13.17  plans and programs and withdraw funding should the commissioner 
 13.18  determine that a plan or program is ineffective or is no longer 
 13.19  in need of further financial support from the fund; 
 13.20     (4) develop a plan of operation including: 
 13.21     (i) an assessment of the scope of the problem of automobile 
 13.22  theft, including areas of the state where the problem is 
 13.23  greatest; 
 13.24     (ii) an analysis of various methods of combating the 
 13.25  problem of automobile theft; 
 13.26     (iii) a plan for providing financial support to combat 
 13.27  automobile theft; 
 13.28     (iv) a plan for eliminating car hijacking; and 
 13.29     (v) an estimate of the funds required to implement the 
 13.30  plan; and 
 13.31     (5) distribute money pursuant to subdivision 3 from the 
 13.32  automobile theft prevention special revenue account for 
 13.33  automobile theft prevention activities, including: 
 13.34     (i) paying the administrative costs of the program; 
 13.35     (ii) providing financial support to the state patrol and 
 13.36  local law enforcement agencies for automobile theft enforcement 
 14.1   teams; 
 14.2      (iii) providing financial support to state or local law 
 14.3   enforcement agencies for programs designed to reduce the 
 14.4   incidence of automobile theft and for improved equipment and 
 14.5   techniques for responding to automobile thefts; 
 14.6      (iv) providing financial support to local prosecutors for 
 14.7   programs designed to reduce the incidence of automobile theft; 
 14.8      (v) providing financial support to judicial agencies for 
 14.9   programs designed to reduce the incidence of automobile theft; 
 14.10     (vi) providing financial support for neighborhood or 
 14.11  community organizations or business organizations for programs 
 14.12  designed to reduce the incidence of automobile theft and to 
 14.13  educate people about the common methods of automobile theft, the 
 14.14  models of automobiles most likely to be stolen, and the times 
 14.15  and places automobile theft is most likely to occur; and 
 14.16     (vii) providing financial support for automobile theft 
 14.17  educational and training programs for state and local law 
 14.18  enforcement officials, driver and vehicle services exam and 
 14.19  inspections staff, and members of the judiciary. 
 14.20     (b) The commissioner may not spend in any fiscal year more 
 14.21  than ten percent of the money in the fund for the program's 
 14.22  administrative and operating costs.  The commissioner is 
 14.23  annually appropriated and must distribute the ~~full~~ amount of the 
 14.24  proceeds credited to the automobile theft prevention special 
 14.25  revenue account each year, less the transfer of $1,300,000 each 
 14.26  year to the general fund described in section 168A.40, 
 14.27  subdivision 4. 
 14.28     Sec. 20.  Minnesota Statutes 2000, section 299F.011, is 
 14.29  amended by adding a subdivision to read: 
 14.30     Subd. 7.  [FEES.] A fee of $100 shall be charged by the 
 14.31  state fire marshal for each plan review involving: 
 14.32     (1) flammable liquids under Minnesota Rules, part 
 14.33  7510.3650; 
 14.34     (2) motor vehicle fuel-dispensing stations under Minnesota 
 14.35  Rules, part 7510.3610; or 
 14.36     (3) liquefied petroleum gases under Minnesota Rules, part 
 15.1   7510.3670. 
 15.2      Sec. 21.  Minnesota Statutes 2000, section 299L.02, 
 15.3   subdivision 7, is amended to read: 
 15.4      Subd. 7.  [REVOLVING ACCOUNT.] The director shall deposit 
 15.5   in a separate account in the state treasury all money received 
 15.6   from Indian tribal governments for charges for investigations 
 15.7   and background checks under compacts negotiated under section 
 15.8   3.9221, except for $7 from each charge that shall be deposited 
 15.9   in the general fund.  Money in the account is appropriated to 
 15.10  the director for the purpose of carrying out the director's 
 15.11  powers and duties under those compacts. 
 15.12     Sec. 22.  Minnesota Statutes 2000, section 299L.07, 
 15.13  subdivision 5, is amended to read: 
 15.14     Subd. 5.  [INVESTIGATION.] Before a license under this 
 15.15  section is granted, the director may conduct a background and 
 15.16  financial investigation of the applicant, including the 
 15.17  applicant's sources of financing.  The director may, or shall 
 15.18  when required by law, require that fingerprints be taken and the 
 15.19  director may forward the fingerprints to the Federal Bureau of 
 15.20  Investigation for a national criminal history check.  The 
 15.21  director may charge an investigation fee to cover the cost of 
 15.22  the investigation.  Of this fee, $7 from each charge shall be 
 15.23  deposited in the general fund. 
 15.24     Sec. 23.  Minnesota Statutes 2001 Supplement, section 
 15.25  242.192, is amended to read: 
 15.26     242.192 [CHARGES TO COUNTIES.] 
 15.27     ~~(a) Until June 30, 2002,~~ The commissioner shall charge 
 15.28  counties or other appropriate jurisdictions 65 percent of the 
 15.29  per diem cost of confinement, excluding educational costs and 
 15.30  nonbillable service, of juveniles at the Minnesota correctional 
 15.31  facility-Red Wing and of juvenile females committed to the 
 15.32  commissioner of corrections.  This charge applies to juveniles 
 15.33  committed to the commissioner of corrections and juveniles 
 15.34  admitted to the Minnesota correctional facility-Red Wing under 
 15.35  established admissions criteria.  This charge applies to both 
 15.36  counties that participate in the Community Corrections Act and 
 16.1   those that do not.  The commissioner shall determine the per 
 16.2   diem cost of confinement based on projected population, pricing 
 16.3   incentives, market conditions, and the requirement that expense 
 16.4   and revenue balance out over a period of two years.  All money 
 16.5   received under this section must be deposited in the state 
 16.6   treasury and credited to the general fund. 
 16.7      ~~(b) Until June 30, 2002, the department of corrections~~ 
 16.8   ~~shall be responsible for 35 percent of the per diem cost of~~ 
 16.9   ~~confinement described in this section.~~ 
 16.10     Sec. 24.  Minnesota Statutes 2000, section 611.17, is 
 16.11  amended to read: 
 16.12     611.17 [FINANCIAL INQUIRY; STATEMENTS; CO-PAYMENT.] 
 16.13     (a) Each judicial district must screen requests under 
 16.14  paragraph (b).  
 16.15     (b) Upon a request for the appointment of counsel, the 
 16.16  court shall make appropriate inquiry into the financial 
 16.17  circumstances of the applicant, who shall submit a financial 
 16.18  statement under oath or affirmation setting forth the 
 16.19  applicant's assets and liabilities, including the value of any 
 16.20  real property owned by the applicant, whether homestead or 
 16.21  otherwise, less the amount of any encumbrances on the real 
 16.22  property, the source or sources of income, and any other 
 16.23  information required by the court.  The applicant shall be under 
 16.24  a continuing duty while represented by a public defender to 
 16.25  disclose any changes in the applicant's financial circumstances 
 16.26  that might be relevant to the applicant's eligibility for a 
 16.27  public defender.  The state public defender shall furnish 
 16.28  appropriate forms for the financial statements.  The forms must 
 16.29  contain conspicuous notice of the applicant's continuing duty to 
 16.30  disclose to the court changes in the applicant's financial 
 16.31  circumstances.  The information contained in the statement shall 
 16.32  be confidential and for the exclusive use of the court and the 
 16.33  public defender appointed by the court to represent the 
 16.34  applicant except for any prosecution under section 609.48.  A 
 16.35  refusal to execute the financial statement or produce financial 
 16.36  records constitutes a waiver of the right to the appointment of 
 17.1   a public defender. 
 17.2      (c) Upon disposition of the case, an individual who has 
 17.3   received public defender services shall pay to the court a $28 
 17.4   co-payment for representation provided by a public defender, 
 17.5   unless the co-payment is, or has been, waived by the court.  The 
 17.6   co-payment shall be deposited in the state general fund.  If a 
 17.7   term of probation is imposed as a part of an offender's 
 17.8   sentence, the co-payment required by this section must not be 
 17.9   made a condition of probation.  The co-payment required by this 
 17.10  section is a civil obligation and must not be made a condition 
 17.11  of a criminal sentence. 
 17.12     Sec. 25.  Minnesota Statutes 2000, section 611A.371, 
 17.13  subdivision 1, is amended to read: 
 17.14     Subdivision 1.  [PURPOSE.] The purpose of the ~~per diem~~ 
 17.15  grant program is to provide reimbursement in a timely, efficient 
 17.16  manner to local programs for the reasonable and necessary costs 
 17.17  of providing battered women and their children with food, 
 17.18  lodging, and safety.  ~~Per diem~~ Grant funding may not be used for 
 17.19  other purposes. 
 17.20     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
 17.21     Sec. 26.  Minnesota Statutes 2001 Supplement, section 
 17.22  611A.372, is amended to read: 
 17.23     611A.372 [DUTIES OF DIRECTOR.] 
 17.24     In addition to any other duties imposed by law, the 
 17.25  director, with the approval of the commissioner of public 
 17.26  safety, shall: 
 17.27     (1) supervise the administration of ~~per diem~~ grant payments 
 17.28  to designated shelter facilities; 
 17.29     (2) collect data on shelter facilities; 
 17.30     (3) conduct an annual evaluation of the ~~per diem~~ grant 
 17.31  program; 
 17.32     (4) report to the governor and the legislature on the need 
 17.33  for emergency secure shelter; 
 17.34     (5) develop an application process for shelter facilities 
 17.35  to follow in seeking reimbursement under the ~~per diem~~ grant 
 17.36  program; and 
 18.1      (6) adopt rules to implement and administer sections 
 18.2   611A.37 to 611A.375. 
 18.3      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
 18.4      Sec. 27.  Minnesota Statutes 2000, section 611A.373, is 
 18.5   amended to read: 
 18.6      611A.373 [PAYMENTS.] 
 18.7      Subdivision 1.  [PAYMENT ~~REQUESTS~~.] Payments to designated 
 18.8   shelter facilities must be in the form of a grant.  Designated 
 18.9   shelter facilities may submit requests for payment monthly based 
 18.10  on ~~the number of persons housed~~ their expenses.  The process for 
 18.11  the submission of payments and for the submission for requests 
 18.12  may be established by the director.  Upon approval of the 
 18.13  request for payment by the center, payments shall be made 
 18.14  directly to designated shelter facilities from ~~per diem~~ grant 
 18.15  funds on behalf of women and their children who reside in the 
 18.16  shelter facility.  Payments made to a designated shelter 
 18.17  facility must not exceed the ~~annual reserve~~ grant amount for 
 18.18  that facility unless approved by the director.  These payments 
 18.19  must not affect the eligibility of individuals who reside in 
 18.20  shelter facilities for public assistance benefits, except when 
 18.21  required by federal law or regulation. 
 18.22     Subd. 2.  [RESERVE GRANT AMOUNT.] The center shall 
 18.23  calculate ~~annually the reserve~~ the grant amount for each 
 18.24  designated shelter facility.  This calculation may be based upon 
 18.25  program type, average occupancy rates, and licensed capacity 
 18.26  limits.  The total of all ~~reserve~~ grant amounts shall not exceed 
 18.27  the legislative ~~per diem~~ appropriation.  
 18.28     Subd. 3.  [ACCOUNTABILITY.] Shelter facilities must comply 
 18.29  with reporting requirements and any other measures imposed by 
 18.30  the Minnesota center for crime victim services to improve 
 18.31  accountability and program outcomes including, but not limited 
 18.32  to, information on all restricted or unrestricted fund balances. 
 18.33     <b>[EFFECTIVE DATE.]</b> The amendments to subdivisions 1 and 2 of 
 18.34  this section are effective July 1, 2003.  Subdivision 3 is 
 18.35  effective the day following final enactment. 
 18.36     Sec. 28.  [WORKING GROUP ON CRIMINAL JUSTICE SYSTEM 
 19.1   EFFICIENCY.] 
 19.2      (a) The commissioners of corrections and public safety 
 19.3   shall convene a working group of criminal justice professionals 
 19.4   to identify and study ways to make the state's criminal justice 
 19.5   system more efficient and effective at both the state and local 
 19.6   levels.  The chief justice of the supreme court and state public 
 19.7   defender are requested to take part in this working group. 
 19.8      The working group may be divided into subworking groups if 
 19.9   doing so will assist in meeting the working group's objectives.  
 19.10  The working group and each subworking group shall seek input 
 19.11  from criminal justice practitioners and individuals working 
 19.12  throughout the criminal justice area.  To the extent feasible 
 19.13  and practical, the working group shall incorporate bench marking 
 19.14  and best practices components in carrying out its work. 
 19.15     (b) The commissioners of corrections and public safety, 
 19.16  with the input of the chief justice of the supreme court and 
 19.17  state public defender, shall report to the chairs and ranking 
 19.18  minority members of the house and senate committees with 
 19.19  jurisdiction over criminal justice policy and funding on its 
 19.20  findings and recommendations by January 15, 2003. 
 19.21     Sec. 29.  [OFFICE ABOLISHED.] 
 19.22     The office of ombudsman for the Minnesota state department 
 19.23  of corrections is hereby abolished. 
 19.24     Sec. 30.  [REPEALER.] 
 19.25     Subdivision 1.  [CORRECTIONS OMBUDSMAN.] Minnesota Statutes 
 19.26  2000, sections 241.41, 241.42, 241.43, 241.44, 241.441, and 
 19.27  Minnesota Statutes 2001 Supplement, section 241.45, are repealed.
 19.28     Subd. 2.  [SHELTER GRANTS CHANGES.] Minnesota Statutes 
 19.29  2000, sections 611A.37, subdivisions 6 and 7; and 611A.375, are 
 19.30  repealed. 
 19.31     Subd. 3.  [ANTI-VIOLENCE MEDIA CAMPAIGN.] Laws 1996, 
 19.32  chapter 408, article 2, section 10, is repealed.  
 19.33     <b>[EFFECTIVE DATE.]</b> Subdivision 2 is effective July 1, 2003. 
 19.34                             ARTICLE 2
 19.35                  CRIME VICTIMS OVERSIGHT CHANGES
 19.36     Section 1.  Minnesota Statutes 2000, section 13.871, 
 20.1   subdivision 5, is amended to read: 
 20.2      Subd. 5.  [CRIME VICTIMS.] (a)  [CRIME VICTIM NOTICE OF 
 20.3   RELEASE.] Data on crime victims who request notice of an 
 20.4   offender's release are classified under section 611A.06.  
 20.5      (b)  [SEX OFFENDER HIV TESTS.] Results of HIV tests of sex 
 20.6   offenders under section 611A.19, subdivision 2, are classified 
 20.7   under that section.  
 20.8      (c)  [BATTERED WOMEN.] Data on battered women maintained by 
 20.9   grantees for emergency shelter and support services for battered 
 20.10  women are governed by section 611A.32, subdivision 5.  
 20.11     (d) [VICTIMS OF DOMESTIC ABUSE.] Data on battered women and 
 20.12  victims of domestic abuse maintained by grantees and recipients 
 20.13  of per diem payments for emergency shelter for battered women 
 20.14  and support services for battered women and victims of domestic 
 20.15  abuse are governed by sections 611A.32, subdivision 5, and 
 20.16  611A.371, subdivision 3. 
 20.17     (e)  [CRIME VICTIM CLAIMS FOR REPARATIONS.] Claims and 
 20.18  supporting documents filed by crime victims seeking reparations 
 20.19  are classified under section 611A.57, subdivision 6.  
 20.20     (f)  [CRIME VICTIM ~~OMBUDSMAN~~ OVERSIGHT ACT.] Data 
 20.21  maintained by the ~~crime victim ombudsman~~ commissioner of public 
 20.22  safety under the Crime Victim Oversight Act are classified under 
 20.23  section 611A.74, subdivision 2.  
 20.24     Sec. 2.  Minnesota Statutes 2000, section 135A.15, 
 20.25  subdivision 1, is amended to read: 
 20.26     Subdivision 1.  [POLICY REQUIRED.] The board of trustees of 
 20.27  the Minnesota state colleges and universities shall, and the 
 20.28  University of Minnesota is requested to, adopt a clear, 
 20.29  understandable written policy on sexual harassment and sexual 
 20.30  violence that informs victims of their rights under the crime 
 20.31  victims bill of rights, including the right to assistance from 
 20.32  the crime victims reparations board and the ~~office of the crime~~ 
 20.33  ~~victim ombudsman~~ commissioner of public safety.  The policy must 
 20.34  apply to students and employees and must provide information 
 20.35  about their rights and duties.  The policy must apply to 
 20.36  criminal incidents occurring on property owned by the 
 21.1   post-secondary system or institution in which the victim is a 
 21.2   student or employee of that system or institution.  It must 
 21.3   include procedures for reporting incidents of sexual harassment 
 21.4   or sexual violence and for disciplinary actions against 
 21.5   violators.  During student registration, each technical college, 
 21.6   community college, or state university shall, and the University 
 21.7   of Minnesota is requested to, provide each student with 
 21.8   information regarding its policy.  A copy of the policy also 
 21.9   shall be posted at appropriate locations on campus at all 
 21.10  times.  Each private post-secondary institution that is an 
 21.11  eligible institution as defined in section 136A.101, subdivision 
 21.12  4, must adopt a policy that meets the requirements of this 
 21.13  section.  
 21.14     Sec. 3.  Minnesota Statutes 2001 Supplement, section 
 21.15  256.022, subdivision 1, is amended to read: 
 21.16     Subdivision 1.  [CREATION.] The commissioner of human 
 21.17  services shall establish a review panel for purposes of 
 21.18  reviewing investigating agency determinations regarding 
 21.19  maltreatment of a child in a facility in response to requests 
 21.20  received under section 626.556, subdivision 10i, paragraph (b).  
 21.21  The review panel consists of the commissioners of health; human 
 21.22  services; children, families, and learning; public safety; and 
 21.23  corrections; ~~the ombudsman for crime victims;~~ and the ombudsman 
 21.24  for mental health and mental retardation; or their designees.  
 21.25     Sec. 4.  Minnesota Statutes 2000, section 611A.72, is 
 21.26  amended to read: 
 21.27     611A.72 [CITATION.] 
 21.28     Sections 611A.72 to 611A.74 may be cited as the "Crime 
 21.29  Victim ~~Ombudsman~~ Oversight Act."  
 21.30     Sec. 5.  Minnesota Statutes 2000, section 611A.73, 
 21.31  subdivision 2, is amended to read: 
 21.32     Subd. 2.  [APPROPRIATE AUTHORITY.] "Appropriate authority" 
 21.33  includes anyone who is the subject of a complaint under sections 
 21.34  611A.72 to 611A.74 to the ~~crime victim ombudsman~~ commissioner or 
 21.35  anyone within the agency who is in a supervisory position with 
 21.36  regard to one who is the subject of a complaint under sections 
 22.1   611A.72 to 611A.74. 
 22.2      Sec. 6.  Minnesota Statutes 2000, section 611A.73, is 
 22.3   amended by adding a subdivision to read: 
 22.4      Subd. 6.  [COMMISSIONER.] "Commissioner" means the 
 22.5   commissioner of public safety.  
 22.6      Sec. 7.  Minnesota Statutes 2001 Supplement, section 
 22.7   611A.74, subdivision 1, is amended to read: 
 22.8      Subdivision 1.  [~~CREATION~~ AUTHORITY UNDER THIS ACT.] ~~The~~ 
 22.9   ~~office of crime victim ombudsman for Minnesota is created.  The~~ 
 22.10  ~~ombudsman shall be appointed by the governor, shall serve in the~~ 
 22.11  ~~unclassified service at the pleasure of the governor, and shall~~ 
 22.12  ~~be selected without regard to political affiliation.  No person~~ 
 22.13  ~~may serve as ombudsman while holding any other public office.~~  
 22.14  ~~The ombudsman is directly accountable to the governor and must~~ 
 22.15  ~~periodically report to the commissioner of public safety on the~~ 
 22.16  ~~operations and activities of the office.~~  The ~~ombudsman~~ 
 22.17  commissioner shall have the authority under sections 611A.72 to 
 22.18  611A.74 to investigate decisions, acts, and other matters of the 
 22.19  criminal justice system so as to promote the highest attainable 
 22.20  standards of competence, efficiency, and justice for crime 
 22.21  victims in the criminal justice system.  
 22.22     Sec. 8.  Minnesota Statutes 2000, section 611A.74, 
 22.23  subdivision 2, is amended to read: 
 22.24     Subd. 2.  [DUTIES.] The ~~crime victim ombudsman~~ commissioner 
 22.25  may investigate complaints concerning possible violation of the 
 22.26  rights of crime victims or witnesses provided under this 
 22.27  chapter, the delivery of victim services by victim assistance 
 22.28  programs, the administration of the crime victims reparations 
 22.29  act, and other complaints of mistreatment by elements of the 
 22.30  criminal justice system or victim assistance programs.  The 
 22.31  ~~ombudsman~~ commissioner shall act as a liaison, when the 
 22.32  ~~ombudsman~~ commissioner deems necessary, between agencies, either 
 22.33  in the criminal justice system or in victim assistance programs, 
 22.34  and victims and witnesses.  The ~~ombudsman~~ commissioner may be 
 22.35  concerned with activities that strengthen procedures and 
 22.36  practices which lessen the risk that objectionable 
 23.1   administrative acts will occur.  The ~~ombudsman~~ commissioner must 
 23.2   ~~be made available through the use of a toll free telephone~~ 
 23.3   ~~number and shall~~ answer questions concerning the criminal 
 23.4   justice system and victim services put to the ~~ombudsman~~ 
 23.5   commissioner by victims and witnesses in accordance with 
 23.6   the ~~ombudsman's~~ commissioner's knowledge of the facts or law, 
 23.7   unless the information is otherwise restricted.  The ~~ombudsman~~ 
 23.8   commissioner shall establish a procedure for referral to the 
 23.9   crime victim crisis centers, the crime victims reparations 
 23.10  board, and other victim assistance programs when services are 
 23.11  requested by crime victims or deemed necessary by the ~~ombudsman~~ 
 23.12  commissioner.  
 23.13     The ~~ombudsman's~~ commissioner's files are confidential data 
 23.14  as defined in section 13.02, subdivision 3, during the course of 
 23.15  an investigation or while the files are active.  Upon completion 
 23.16  of the investigation or when the files are placed on inactive 
 23.17  status, they are private data on individuals as defined in 
 23.18  section 13.02, subdivision 12.  
 23.19     Sec. 9.  Minnesota Statutes 2000, section 611A.74, 
 23.20  subdivision 3, is amended to read: 
 23.21     Subd. 3.  [POWERS.] The ~~crime victim ombudsman~~ commissioner 
 23.22  has those powers necessary to carry out the duties set out in 
 23.23  subdivision 2, including:  
 23.24     (a) The ~~ombudsman~~ commissioner may investigate, with or 
 23.25  without a complaint, any action of an element of the criminal 
 23.26  justice system or a victim assistance program included in 
 23.27  subdivision 2. 
 23.28     (b) The ~~ombudsman~~ commissioner may request and shall be 
 23.29  given access to information and assistance the ~~ombudsman~~ 
 23.30  commissioner considers necessary for the discharge of 
 23.31  responsibilities.  The ~~ombudsman~~ commissioner may inspect, 
 23.32  examine, and be provided copies of records and documents of all 
 23.33  elements of the criminal justice system and victim assistance 
 23.34  programs.  The ~~ombudsman~~ commissioner may request and shall be 
 23.35  given access to police reports pertaining to juveniles and 
 23.36  juvenile delinquency petitions, notwithstanding section 260B.171 
 24.1   or 260C.171.  Any information received by the ~~ombudsman~~ 
 24.2   commissioner retains its data classification under chapter 13 
 24.3   while in the ~~ombudsman's~~ commissioner's possession.  Juvenile 
 24.4   records obtained under this subdivision may not be released to 
 24.5   any person. 
 24.6      (c) The ~~ombudsman~~ commissioner may prescribe the methods by 
 24.7   which complaints are to be made, received, and acted upon; may 
 24.8   determine the scope and manner of investigations to be made; and 
 24.9   subject to the requirements of sections 611A.72 to 611A.74, may 
 24.10  determine the form, frequency, and distribution of ~~ombudsman~~ 
 24.11  commissioner conclusions, recommendations, and proposals.  
 24.12     (d) After completing investigation of a complaint, the 
 24.13  ~~ombudsman~~ commissioner shall inform in writing the complainant, 
 24.14  the investigated person or entity, and other appropriate 
 24.15  authorities of the action taken.  If the complaint involved the 
 24.16  conduct of an element of the criminal justice system in relation 
 24.17  to a criminal or civil proceeding, the ~~ombudsman's~~ 
 24.18  commissioner's findings shall be forwarded to the court in which 
 24.19  the proceeding occurred.  
 24.20     (e) Before announcing a conclusion or recommendation that 
 24.21  expressly or impliedly criticizes an administrative agency or 
 24.22  any person, the ~~ombudsman~~ commissioner shall consult with that 
 24.23  agency or person.  
 24.24     Sec. 10.  Minnesota Statutes 2000, section 611A.74, 
 24.25  subdivision 4, is amended to read: 
 24.26     Subd. 4.  [NO COMPELLED TESTIMONY.] Neither the 
 24.27  ~~ombudsman~~ commissioner nor any member of the ~~ombudsman's~~ 
 24.28  commissioner's staff may be compelled to testify or produce 
 24.29  evidence in any judicial or administrative proceeding with 
 24.30  respect to matters involving the exercise of official 
 24.31  duties under sections 611A.72 to 611A.74 except as may be 
 24.32  necessary to enforce the provisions of this section.  
 24.33     Sec. 11.  Minnesota Statutes 2000, section 611A.74, 
 24.34  subdivision 5, is amended to read: 
 24.35     Subd. 5.  [RECOMMENDATIONS.] (a) On finding a complaint 
 24.36  valid after duly considering the complaint and whatever material 
 25.1   the ~~ombudsman~~ commissioner deems pertinent, the ~~ombudsman~~ 
 25.2   commissioner may recommend action to the appropriate authority.  
 25.3      (b) If the ~~ombudsman~~ commissioner makes a recommendation to 
 25.4   an appropriate authority for action, the authority shall, within 
 25.5   a reasonable time period, but not more than 30 days, inform the 
 25.6   ~~ombudsman~~ commissioner about the action taken or the reasons for 
 25.7   not complying with the recommendation.  
 25.8      (c) The ~~ombudsman~~ commissioner may publish conclusions and 
 25.9   suggestions by transmitting them to the governor, the 
 25.10  legislature or any of its committees, the press, and others who 
 25.11  may be concerned.  When publishing an opinion adverse to an 
 25.12  administrative agency, the ~~ombudsman~~ commissioner shall include 
 25.13  any statement the administrative agency may have made to 
 25.14  the ~~ombudsman~~ commissioner by way of explaining its past 
 25.15  difficulties or its present rejection of the ~~ombudsman's~~ 
 25.16  commissioner's proposals.  
 25.17     Sec. 12.  Minnesota Statutes 2000, section 611A.74, 
 25.18  subdivision 6, is amended to read: 
 25.19     Subd. 6.  [REPORTS.] In addition to whatever reports 
 25.20  the ~~ombudsman~~ commissioner may make from time to time, the 
 25.21  ~~ombudsman~~ commissioner shall biennially report to the 
 25.22  legislature and to the governor concerning the exercise 
 25.23  of ~~ombudsman~~ the commissioner's functions under sections 611A.72 
 25.24  to 611A.74 during the preceding biennium.  The biennial report 
 25.25  is due on or before the beginning of the legislative session 
 25.26  following the end of the biennium.  
 25.27     Sec. 13.  [FILE AND DATA TRANSFER.] 
 25.28     On June 30, 2002, the crime victim ombudsman shall deliver 
 25.29  to the commissioner of public safety all files, records, and 
 25.30  data under the authority or control of the ombudsman relating to 
 25.31  all of the activities and investigations of the office of the 
 25.32  crime victim ombudsman. 
 25.33     Sec. 14.  [REPEALER.] 
 25.34     Minnesota Statutes 2000, section 611A.74, subdivision 1a, 
 25.35  is repealed. 
 25.36                             ARTICLE 3 
 26.1                        TECHNICAL CORRECTIONS 
 26.2      Section 1.  Laws 2001, First Special Session chapter 8, 
 26.3   article 4, section 10, subdivision 1, is amended to read: 
 26.4   Subdivision 1.  Total 
 26.5   Appropriation                         ~~88,001,000~~     ~~84,299,000~~ 
 26.6                                         87,851,000     84,149,000 
 26.7                 Summary by Fund
 26.8                           2002          2003
 26.9   General             ~~84,919,000~~    ~~81,195,000~~ 
 26.10                      84,769,000    81,045,000 
 26.11  Special Revenue      2,674,000     2,687,000 
 26.12  State Government 
 26.13  Special Revenue          7,000         7,000  
 26.14  Environmental           47,000        49,000  
 26.15  Trunk Highway          354,000       361,000   
 26.16  [APPROPRIATIONS FOR PROGRAMS.] The 
 26.17  amounts that may be spent from this 
 26.18  appropriation for each program are 
 26.19  specified in the following subdivisions.
 26.20  [DWI PENALTY FUNDS.] The commissioners 
 26.21  of public safety and transportation 
 26.22  must jointly report annually to the 
 26.23  chairs and ranking minority members of 
 26.24  the house of representatives and senate 
 26.25  committees having jurisdiction over 
 26.26  transportation and public safety 
 26.27  finance issues on the expenditure of 
 26.28  any federal funds available under the 
 26.29  repeat offender transfer program, 
 26.30  Public Law Number 105-206, section 164. 
 26.31     Sec. 2.  Laws 2001, First Special Session chapter 8, 
 26.32  article 4, section 10, subdivision 7, is amended to read: 
 26.33  Subd. 7.  Law Enforcement 
 26.34  and Community Grants
 26.35                Summary by Fund
 26.36  General               ~~6,942,000~~     ~~6,136,000~~
 26.37                        6,792,000     5,986,000
 26.38  Special Revenue       2,130,000     2,130,000
 26.39  [UNENCUMBERED BALANCES.] Any 
 26.40  unencumbered balances remaining in the 
 26.41  first year do not cancel but are 
 26.42  available for the second year. 
 26.43  [ENCUMBERED BALANCES.] Notwithstanding 
 26.44  Minnesota Statutes, section 16A.28, 
 26.45  appropriations encumbered under 
 26.46  contract on or before June 30 each year 
 26.47  are available until the following June 
 26.48  30. 
 27.1   [SPECIAL REVENUE; RACIAL PROFILING.] 
 27.2   The appropriation from the special 
 27.3   revenue account must be spent according 
 27.4   to article 7, section 14. 
 27.5   [FUNDING TO COMBAT METHAMPHETAMINE 
 27.6   TRAFFICKING AND PRODUCTION.] $471,000 
 27.7   the first year is a onetime 
 27.8   appropriation for grants under 
 27.9   Minnesota Statutes, section 299C.065, 
 27.10  subdivision 1, clause (1), including 
 27.11  grants to the bureau of criminal 
 27.12  apprehension for increased law 
 27.13  enforcement costs relating to 
 27.14  methamphetamine trafficking and 
 27.15  production.  Grant recipients must be 
 27.16  chosen by the office of drug policy and 
 27.17  violence prevention after consulting 
 27.18  with the narcotics enforcement 
 27.19  coordinating committee.  Grants to drug 
 27.20  task force agencies must be allocated 
 27.21  in a balanced manner among rural, 
 27.22  suburban, and urban agencies.  Grants 
 27.23  may be awarded and used for the 
 27.24  following items relating to clandestine 
 27.25  methamphetamine labs: 
 27.26  (1) increased general law enforcement 
 27.27  costs; 
 27.28  (2) training materials and public 
 27.29  awareness publications; 
 27.30  (3) peace officer training courses, 
 27.31  certification, and equipment; and 
 27.32  (4) reimbursements to law enforcement 
 27.33  agencies for extraordinary or unusual 
 27.34  overtime and investigative expenses. 
 27.35  Grants must not be used for 
 27.36  methamphetamine lab site cleanup or 
 27.37  disposal of seized equipment or 
 27.38  chemicals.  Additionally, grants must 
 27.39  not supplant current local spending or 
 27.40  other state or federal grants allocated 
 27.41  by the commissioner for similar 
 27.42  purposes. 
 27.43  [GANG STRIKE FORCE GRANTS.] $750,000 
 27.44  the first year and $750,000 the second 
 27.45  year are onetime appropriations for 
 27.46  criminal gang strike force grants under 
 27.47  Minnesota Statutes, section 299A.66.  
 27.48  The commissioner of public safety must 
 27.49  provide direct administrative and 
 27.50  fiscal oversight for all grants awarded 
 27.51  under Minnesota Statutes, section 
 27.52  299A.66. 
 27.53  [USE OF BYRNE GRANTS.] The commissioner 
 27.54  must consider using a portion of 
 27.55  federal Byrne grant funds for grants to:
 27.56  (1) the center for reducing rural 
 27.57  violence; 
 27.58  (2) organizations or agencies that 
 27.59  provide gang prevention services, such 
 27.60  as the boys and girls club, the youth 
 27.61  experiencing alternatives (YEA) 
 28.1   program, the police athletic league, 
 28.2   agencies eligible for Asian-American 
 28.3   juvenile crime intervention and 
 28.4   prevention grants under Minnesota 
 28.5   Statutes, section 299A.2994, 
 28.6   subdivision 3, clause (2), or other 
 28.7   similar organizations; and 
 28.8   (3) continue funding the pilot project 
 28.9   to provide neighborhood-based services 
 28.10  to crime victims and witnesses funded 
 28.11  in Laws 1999, chapter 216, article 1, 
 28.12  section 8, subdivision 3, and described 
 28.13  in Laws 1999, chapter 216, article 2, 
 28.14  section 23. 
 28.15  [JOINT DOMESTIC ABUSE PROSECUTION 
 28.16  UNIT.] $197,000 the first year is a 
 28.17  onetime appropriation for a grant to 
 28.18  the Ramsey county attorney's office to 
 28.19  continue funding the joint domestic 
 28.20  abuse prosecution unit.  This 
 28.21  appropriation is available until June 
 28.22  30, 2003. 
 28.23  The Ramsey county attorney's office and 
 28.24  the St. Paul city attorney's office 
 28.25  shall continue the joint domestic abuse 
 28.26  prosecution unit pilot project 
 28.27  established by the legislature under 
 28.28  Laws 2000, chapters 471, section 3; and 
 28.29  488, article 6, section 10.  The 
 28.30  appropriation must be used to continue 
 28.31  the pilot project beyond its first year 
 28.32  of operation and allow a meaningful 
 28.33  evaluation that will benefit other 
 28.34  jurisdictions in Minnesota.  The unit 
 28.35  has authority to prosecute 
 28.36  misdemeanors, gross misdemeanors, and 
 28.37  felonies.  The unit shall also 
 28.38  coordinate efforts with child 
 28.39  protection attorneys.  The unit may 
 28.40  include four cross-deputized assistant 
 28.41  city attorneys and assistant county 
 28.42  attorneys and a police investigator.  A 
 28.43  victim/witness advocate, a law clerk, a 
 28.44  paralegal, and a secretary may provide 
 28.45  support.  
 28.46  The goals of this pilot project are to: 
 28.47  (1) recognize children as both victims 
 28.48  and witnesses in domestic abuse 
 28.49  situations; 
 28.50  (2) recognize and respect the interests 
 28.51  of children in the prosecution of 
 28.52  domestic abuse; and 
 28.53  (3) reduce the exposure to domestic 
 28.54  violence for both adult and child 
 28.55  victims. 
 28.56  By January 15, 2002, the Ramsey county 
 28.57  attorney's office and the St. Paul city 
 28.58  attorney's office shall report to the 
 28.59  chairs and ranking minority members of 
 28.60  the senate and house of representatives 
 28.61  committees and divisions having 
 28.62  jurisdiction over criminal justice 
 28.63  policy and funding on the pilot 
 29.1   project.  The report may include the 
 29.2   number and types of cases referred, the 
 29.3   number of cases charged, the outcome of 
 29.4   cases, and other relevant outcome 
 29.5   measures. 
 29.6   [COPS, HEAT, AND FINANCIAL CRIMES 
 29.7   INVESTIGATION UNIT GRANTS.] $250,000 
 29.8   the first year and $250,000 the second 
 29.9   year are onetime appropriations for 
 29.10  grants under either Minnesota Statutes, 
 29.11  section 299A.62 or 299A.68.  Grants 
 29.12  awarded from this appropriation under 
 29.13  Minnesota Statutes, section 299A.62, 
 29.14  are for overtime for peace officers.  
 29.15  Of the total grants awarded from this 
 29.16  appropriation under Minnesota Statutes, 
 29.17  section 299A.62, 50 percent must go to 
 29.18  the St. Paul and Minneapolis police 
 29.19  departments and 50 percent must go to 
 29.20  other law enforcement agencies 
 29.21  statewide.  Any amounts from this 
 29.22  appropriation awarded to the St. Paul 
 29.23  police department must be used to 
 29.24  increase the current degree of 
 29.25  implementation of the HEAT law 
 29.26  enforcement strategy.  The HEAT law 
 29.27  enforcement strategy must be a 
 29.28  community-driven strategic initiative 
 29.29  that is used to target criminal conduct 
 29.30  in specific areas of St. Paul with 
 29.31  higher crime rates than the city 
 29.32  average.  It must target offenders 
 29.33  based upon their criminal behavior and 
 29.34  not other factors and be planned and 
 29.35  implemented taking into consideration 
 29.36  the wishes of the targeted communities. 
 29.37  Grants awarded under Minnesota 
 29.38  Statutes, section 299A.68, may be used 
 29.39  to cover costs for salaries, equipment, 
 29.40  office space, and other necessary 
 29.41  services or expenses of a financial 
 29.42  crimes investigation task force.  The 
 29.43  commissioner must distribute the grants 
 29.44  in a manner designed to be equitable to 
 29.45  the grantees given their contributions 
 29.46  to the investigation task force and to 
 29.47  encourage their continued participation.
 29.48  Participating local units of government 
 29.49  must provide a 25 percent match from 
 29.50  nonstate funds or in-kind contributions 
 29.51  either directly from their budgets or 
 29.52  from businesses directly donating 
 29.53  support in order for the financial 
 29.54  crimes investigation task force to 
 29.55  obtain any grant funding under 
 29.56  Minnesota Statutes, section 299A.68.  
 29.57  This appropriation is available until 
 29.58  June 30, 2003. 
 29.59  [MODEL POLICING PROGRAM; MENTAL ILLNESS 
 29.60  CALLS.] $150,000 the first year is a 
 29.61  onetime appropriation for developing 
 29.62  and implementing up to four model 
 29.63  policing program pilot projects 
 29.64  required under Minnesota Statutes, 
 29.65  section 626.8441, subdivision 1, and to 
 29.66  produce required reports.  
 29.67  [AUTOMOBILE THEFT PREVENTION GRANTS.] 
 29.68  The commissioner may make grants under 
 30.1   Minnesota Statutes 2000, section 
 30.2   299A.75, to past grantees during the 
 30.3   time period before which the changes 
 30.4   made to that section in article 5, 
 30.5   sections 6 to 8, become operational. 
 30.6   [ADMINISTRATION COSTS.] Up to 2.5 
 30.7   percent of the grant funds appropriated 
 30.8   in this subdivision may be used to 
 30.9   administer the grant programs.