1.1                          A bill for an act 
  1.2             relating to criminal justice; re-establishing the 
  1.3             office, powers, and duties of a crime victim 
  1.4             ombudsman; appropriating money; amending Minnesota 
  1.5             Statutes 2002, sections 611A.72; 611A.73, subdivisions 
  1.6             2, 6; 611A.74. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 611A.72, is 
  1.9   amended to read: 
  1.10     611A.72 [CITATION.] 
  1.11     Sections 611A.72 to 611A.74 may be cited as the "Crime 
  1.12  Victim ~~Oversight~~ Ombudsman Act."  
  1.13     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
  1.14     Sec. 2.  Minnesota Statutes 2002, section 611A.73, 
  1.15  subdivision 2, is amended to read: 
  1.16     Subd. 2.  [APPROPRIATE AUTHORITY.] "Appropriate authority" 
  1.17  includes anyone who is the subject of a complaint ~~under sections~~ 
  1.18  ~~611A.72 to 611A.74~~ to the ~~commissioner~~ ombudsman or anyone 
  1.19  within the agency who is in a supervisory position with regard 
  1.20  to one who is the subject of a complaint ~~under sections 611A.72~~ 
  1.21  ~~to 611A.74~~. 
  1.22     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
  1.23     Sec. 3.  Minnesota Statutes 2002, section 611A.73, 
  1.24  subdivision 6, is amended to read: 
  1.25     Subd. 6.  [~~COMMISSIONER~~ OMBUDSMAN.] 
  1.26  ~~"Commissioner"~~ "Ombudsman" means the ~~commissioner of public~~ 
  2.1   ~~safety~~ crime victim ombudsman.  
  2.2      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
  2.3      Sec. 4.  Minnesota Statutes 2002, section 611A.74, is 
  2.4   amended to read: 
  2.5      611A.74 [CRIME VICTIM OMBUDSMAN; CREATION.] 
  2.6      Subdivision 1.  [~~AUTHORITY UNDER THIS ACT~~ CREATION.] The 
  2.7   office of crime victim ombudsman for Minnesota is created.  The 
  2.8   ombudsman shall be appointed by the governor, shall serve in the 
  2.9   unclassified service at the pleasure of the governor, and shall 
  2.10  be selected without regard to political affiliation.  No person 
  2.11  may serve as ombudsman while holding any other public office.  
  2.12  The ombudsman is directly accountable to the governor.  The 
  2.13  ~~commissioner~~ ombudsman shall have the authority ~~under sections~~ 
  2.14  ~~611A.72 to 611A.74~~ to investigate decisions, acts, and other 
  2.15  matters of the criminal justice system so as to promote the 
  2.16  highest attainable standards of competence, efficiency, and 
  2.17  justice for crime victims in the criminal justice system.  
  2.18     Subd. 1b.  [ORGANIZATION OF OFFICE.] The ombudsman may 
  2.19  appoint employees necessary to discharge responsibilities of the 
  2.20  office.  The ombudsman may delegate to staff members any of the 
  2.21  ombudsman's authority or duties except the duties of formally 
  2.22  making recommendations to appropriate authorities and reports to 
  2.23  the office of the governor or to the legislature. 
  2.24     Subd. 2.  [DUTIES.] The ~~commissioner~~ ombudsman may 
  2.25  investigate complaints concerning possible violation of the 
  2.26  rights of crime victims or witnesses provided under this 
  2.27  chapter, the delivery of victim services by victim assistance 
  2.28  programs, the administration of the crime victims reparations 
  2.29  act, and other complaints of mistreatment by elements of the 
  2.30  criminal justice system or victim assistance programs.  
  2.31  The ~~commissioner~~ ombudsman shall act as a liaison, when 
  2.32  the ~~commissioner~~ ombudsman deems necessary, between agencies, 
  2.33  either in the criminal justice system or in victim assistance 
  2.34  programs, and victims and witnesses.  The ~~commissioner~~ ombudsman 
  2.35  may be concerned with activities that strengthen procedures and 
  2.36  practices which lessen the risk that objectionable 
  3.1   administrative acts will occur.  The ~~commissioner~~ ombudsman must 
  3.2   be made available through the use of a toll free telephone 
  3.3   number and shall answer questions concerning the criminal 
  3.4   justice system and victim services put to the ~~commissioner~~ 
  3.5   ombudsman by victims and witnesses in accordance with 
  3.6   the ~~commissioner's~~ ombudsman's knowledge of the facts or law, 
  3.7   unless the information is otherwise restricted.  The 
  3.8   ~~commissioner~~ ombudsman shall establish a procedure for referral 
  3.9   to the crime victim crisis centers, the crime victims 
  3.10  reparations board, and other victim assistance programs when 
  3.11  services are requested by crime victims or deemed necessary by 
  3.12  the ~~commissioner~~ ombudsman.  
  3.13     The ~~commissioner's~~ ombudsman's files are confidential data 
  3.14  as defined in section 13.02, subdivision 3, during the course of 
  3.15  an investigation or while the files are active.  Upon completion 
  3.16  of the investigation or when the files are placed on inactive 
  3.17  status, they are private data on individuals as defined in 
  3.18  section 13.02, subdivision 12.  
  3.19     Subd. 3.  [POWERS.] The ~~commissioner~~ ombudsman has those 
  3.20  powers necessary to carry out the duties set out in subdivision 
  3.21  2, including:  
  3.22     (a) The ~~commissioner~~ ombudsman may investigate, with or 
  3.23  without a complaint, any action of an element of the criminal 
  3.24  justice system or a victim assistance program included in 
  3.25  subdivision 2. 
  3.26     (b) The ~~commissioner~~ ombudsman may request and shall be 
  3.27  given access to information and assistance the ~~commissioner~~ 
  3.28  ombudsman considers necessary for the discharge of 
  3.29  responsibilities.  The ~~commissioner~~ ombudsman may inspect, 
  3.30  examine, and be provided copies of records and documents of all 
  3.31  elements of the criminal justice system and victim assistance 
  3.32  programs.  The ~~commissioner~~ ombudsman may request and shall be 
  3.33  given access to police reports pertaining to juveniles and 
  3.34  juvenile delinquency petitions, notwithstanding section 260B.171 
  3.35  or 260C.171.  Any information received by the 
  3.36  ~~commissioner~~ ombudsman retains its data classification under 
  4.1   chapter 13 while in the ~~commissioner's~~ ombudsman's possession.  
  4.2   Juvenile records obtained under this subdivision may not be 
  4.3   released to any person. 
  4.4      (c) The ~~commissioner~~ ombudsman may prescribe the methods by 
  4.5   which complaints are to be made, received, and acted upon; may 
  4.6   determine the scope and manner of investigations to be made; and 
  4.7   subject to the requirements of sections 611A.72 to 611A.74, may 
  4.8   determine the form, frequency, and distribution of ~~commissioner~~ 
  4.9   ombudsman conclusions, recommendations, and proposals.  
  4.10     (d) After completing investigation of a complaint, the 
  4.11  ~~commissioner~~ ombudsman shall inform in writing the complainant, 
  4.12  the investigated person or entity, and other appropriate 
  4.13  authorities of the action taken.  If the complaint involved the 
  4.14  conduct of an element of the criminal justice system in relation 
  4.15  to a criminal or civil proceeding, the ~~commissioner's~~ 
  4.16  ombudsman's findings shall be forwarded to the court in which 
  4.17  the proceeding occurred.  
  4.18     (e) Before announcing a conclusion or recommendation that 
  4.19  expressly or impliedly criticizes an administrative agency or 
  4.20  any person, the ~~commissioner~~ ombudsman shall consult with that 
  4.21  agency or person.  
  4.22     Subd. 4.  [NO COMPELLED TESTIMONY.] Neither the 
  4.23  ~~commissioner~~ ombudsman nor any member of the ~~commissioner's~~ 
  4.24  ombudsman's staff may be compelled to testify or produce 
  4.25  evidence in any judicial or administrative proceeding with 
  4.26  respect to matters involving the exercise of official 
  4.27  duties ~~under sections 611A.72 to 611A.74~~ except as may be 
  4.28  necessary to enforce the provisions of this section.  
  4.29     Subd. 5.  [RECOMMENDATIONS.] (a) On finding a complaint 
  4.30  valid after duly considering the complaint and whatever material 
  4.31  the ~~commissioner~~ ombudsman deems pertinent, the ~~commissioner~~ 
  4.32  ombudsman may recommend action to the appropriate authority.  
  4.33     (b) If the ~~commissioner~~ ombudsman makes a recommendation to 
  4.34  an appropriate authority for action, the authority shall, within 
  4.35  a reasonable time period, but not more than 30 days, inform the 
  4.36  ~~commissioner~~ ombudsman about the action taken or the reasons for 
  5.1   not complying with the recommendation.  
  5.2      (c) The ~~commissioner~~ ombudsman may publish conclusions and 
  5.3   suggestions by transmitting them to the governor, the 
  5.4   legislature or any of its committees, the press, and others who 
  5.5   may be concerned.  When publishing an opinion adverse to an 
  5.6   administrative agency, the ~~commissioner~~ ombudsman shall include 
  5.7   any statement the administrative agency may have made to the 
  5.8   ~~commissioner~~ ombudsman by way of explaining its past 
  5.9   difficulties or its present rejection of the ~~commissioner's~~ 
  5.10  ombudsman's proposals.  
  5.11     Subd. 6.  [REPORTS.] In addition to whatever reports 
  5.12  the ~~commissioner~~ ombudsman may make from time to time, the 
  5.13  ~~commissioner~~ ombudsman shall biennially report to the 
  5.14  legislature and to the governor concerning the exercise of ~~the~~ 
  5.15  ~~commissioner's~~ ombudsman functions ~~under sections 611A.72 to~~ 
  5.16  ~~611A.74~~ during the preceding biennium.  The biennial report is 
  5.17  due on or before the beginning of the legislative session 
  5.18  following the end of the biennium.  
  5.19     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
  5.20     Sec. 5.  [APPROPRIATION.] 
  5.21     $.......  in fiscal year 2004 and $.......  in fiscal year 
  5.22  2005 are appropriated from the general fund to the crime victim 
  5.23  ombudsman to carry out functions under the Crime Victim 
  5.24  Ombudsman Act.