1.1                          A bill for an act 
  1.2             relating to state government; creating the department 
  1.3             of crime victims and violence prevention; 
  1.4             consolidating crime victims and violence prevention 
  1.5             programs within this department; amending Minnesota 
  1.6             Statutes 1996, sections 15.01; 15.06, subdivision 1; 
  1.7             299C.065, subdivisions 2 and 4; and 611A.07; Minnesota 
  1.8             Statutes 1997 Supplement, sections 15A.0815, 
  1.9             subdivision 2; and 611A.01; proposing coding for new 
  1.10            law as Minnesota Statutes, chapter 611B; repealing 
  1.11            Minnesota Statutes 1996, sections 119A.20; 119A.21; 
  1.12            119A.22; 119A.23, subdivisions 3, 4, and 5; 119A.25; 
  1.13            119A.26, subdivision 1; 119A.27; 119A.28; 119A.29; 
  1.14            119A.31, subdivisions 2 and 3; 119A.32; 119A.33; 
  1.15            119A.34; 268.29; 299C.065, subdivisions 1a and 3a; 
  1.16            611A.02; 611A.0311; 611A.04, subdivisions 1, 1a, 1b, 
  1.17            2, and 3; 611A.045, subdivisions 2 and 3; 611A.046; 
  1.18            611A.05; 611A.21; 611A.22; 611A.221; 611A.25, 
  1.19            subdivisions 1 and 2; 611A.31; 611A.32; 611A.33; 
  1.20            611A.34; 611A.35; 611A.36; 611A.361, subdivisions 1 
  1.21            and 2; 611A.41; 611A.43; 611A.51; 611A.52, 
  1.22            subdivisions 1, 2, 3, 4, 5, 7, 9, and 10; 611A.53, 
  1.23            subdivisions 1, 1a, and 2; 611A.54; 611A.55; 611A.56, 
  1.24            subdivision 2; 611A.57; 611A.58; 611A.60; 611A.61; 
  1.25            611A.612; 611A.62; 611A.63; 611A.64; 611A.65; 611A.66; 
  1.26            611A.67; 611A.70; 611A.71, subdivisions 1, 2, 3, 4, 
  1.27            and 6; 611A.72; 611A.73; 611A.74, subdivisions 2, 4, 
  1.28            5, and 6; 611A.76; 611A.77; and 611A.78; Minnesota 
  1.29            Statutes 1997 Supplement, sections 119A.26, 
  1.30            subdivision 2; 119A.31, subdivision 1; 119A.37; 
  1.31            611A.04, subdivision 4; 611A.045, subdivision 1; 
  1.32            611A.25, subdivision 3; 611A.361, subdivision 3; 
  1.33            611A.52, subdivisions 6 and 8; 611A.53, subdivision 
  1.34            1b; 611A.56, subdivision 1; 611A.675; 611A.71, 
  1.35            subdivisions 5 and 7; and 611A.74, subdivisions 1, 1a, 
  1.36            and 3. 
  1.37  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.38     Section 1.  [LEGISLATIVE INTENT.] 
  1.39     The legislature recognizes the legitimacy of and the 
  1.40  continuing need for providing services to crime victims and 
  1.41  programs for the prevention of crime.  The legislature further 
  2.1   recognizes the importance of the involvement of victims, victim 
  2.2   advocates, and the community in these programs.  It is the 
  2.3   intent of the legislature to preserve this involvement while 
  2.4   simultaneously providing for a more streamlined and efficient 
  2.5   process. 
  2.6      The legislature's intent in merging crime victims services 
  2.7   and violence prevention programs into one department is to: 
  2.8      (1) provide these services in a more efficient manner; 
  2.9      (2) increase the quantity and quality of the services 
  2.10  offered; 
  2.11     (3) provide for a unified and stronger voice to advocate on 
  2.12  the behalf of those who receive the services; 
  2.13     (4) provide easier access to crime prevention programs for 
  2.14  the community; 
  2.15     (5) provide easier access to victim services for crime 
  2.16  victims; 
  2.17     (6) provide better information about services and 
  2.18  appropriate referrals to them; 
  2.19     (7) improve training opportunities for service providers 
  2.20  and other members of the criminal justice community; 
  2.21     (8) increase collaboration between providers; 
  2.22     (9) identify and rectify gaps in services; and 
  2.23     (10) improve the continuum of care offered in response to 
  2.24  violence in the community. 
  2.25     Sec. 2.  Minnesota Statutes 1996, section 15.01, is amended 
  2.26  to read: 
  2.27     15.01 [DEPARTMENTS OF THE STATE.] 
  2.28     The following agencies are designated as the departments of 
  2.29  the state government:  the department of administration; the 
  2.30  department of agriculture; the department of commerce; the 
  2.31  department of corrections; the department of children, families, 
  2.32  and learning; the department of crime victims and violence 
  2.33  prevention; the department of economic security; the department 
  2.34  of trade and economic development; the department of finance; 
  2.35  the department of health; the department of human rights; the 
  2.36  department of labor and industry; the department of military 
  3.1   affairs; the department of natural resources; the department of 
  3.2   employee relations; the department of public safety; the 
  3.3   department of public service; the department of human services; 
  3.4   the department of revenue; the department of transportation; the 
  3.5   department of veterans affairs; and their successor departments. 
  3.6      Sec. 3.  Minnesota Statutes 1996, section 15.06, 
  3.7   subdivision 1, is amended to read: 
  3.8      Subdivision 1.  [APPLICABILITY.] This section applies to 
  3.9   the following departments or agencies:  the departments of 
  3.10  administration, agriculture, commerce, corrections, crime 
  3.11  victims and violence prevention, economic security, children, 
  3.12  families, and learning, employee relations, trade and economic 
  3.13  development, finance, health, human rights, labor and industry, 
  3.14  natural resources, public safety, public service, human 
  3.15  services, revenue, transportation, and veterans affairs; the 
  3.16  housing finance and pollution control agencies; the office of 
  3.17  commissioner of iron range resources and rehabilitation; the 
  3.18  bureau of mediation services; and their successor departments 
  3.19  and agencies.  The heads of the foregoing departments or 
  3.20  agencies are "commissioners." 
  3.21     Sec. 4.  Minnesota Statutes 1997 Supplement, section 
  3.22  15A.0815, subdivision 2, is amended to read: 
  3.23     Subd. 2.  [GROUP I SALARY LIMITS.] The salaries for 
  3.24  positions in this subdivision may not exceed 85 percent of the 
  3.25  salary of the governor:  
  3.26     Commissioner of administration; 
  3.27     Commissioner of agriculture; 
  3.28     Commissioner of children, families, and learning; 
  3.29     Commissioner of commerce; 
  3.30     Commissioner of corrections; 
  3.31     Commissioner of crime victims and violence prevention; 
  3.32     Commissioner of economic security; 
  3.33     Commissioner of employee relations; 
  3.34     Commissioner of finance; 
  3.35     Commissioner of health; 
  3.36     Executive director, higher education services office; 
  4.1      Commissioner, housing finance agency; 
  4.2      Commissioner of human rights; 
  4.3      Commissioner of human services; 
  4.4      Executive director, state board of investment; 
  4.5      Commissioner of labor and industry; 
  4.6      Commissioner of natural resources; 
  4.7      Director of office of strategic and long-range planning; 
  4.8      Commissioner, pollution control agency; 
  4.9      Commissioner of public safety; 
  4.10     Commissioner, department of public service; 
  4.11     Commissioner of revenue; 
  4.12     Commissioner of trade and economic development; 
  4.13     Commissioner of transportation; and 
  4.14     Commissioner of veterans affairs. 
  4.15     Sec. 5.  Minnesota Statutes 1996, section 299C.065, 
  4.16  subdivision 2, is amended to read: 
  4.17     Subd. 2.  [APPLICATION FOR GRANT.] A county sheriff or the 
  4.18  chief administrative officer of a municipal police department 
  4.19  may apply to the commissioner of public safety for a grant for 
  4.20  any of the purposes described in subdivision 1 ~~or 1a~~, on forms 
  4.21  and ~~pursuant~~ according to procedures developed by the 
  4.22  superintendent.  ~~For grants under subdivision 1,~~ The application 
  4.23  ~~shall~~ must describe the type of intended criminal investigation, 
  4.24  an estimate of the amount of money required, and any other 
  4.25  information the superintendent deems necessary.  
  4.26     Sec. 6.  Minnesota Statutes 1996, section 299C.065, 
  4.27  subdivision 4, is amended to read: 
  4.28     Subd. 4.  [DATA CLASSIFICATION.] An application to the 
  4.29  commissioner for money is a confidential record.  Information 
  4.30  within investigative files that identifies or could reasonably 
  4.31  be used to ascertain the identity of ~~assisted witnesses,~~ 
  4.32  sources~~,~~ or undercover investigators is a confidential record.  
  4.33  A report at the conclusion of an investigation is a public 
  4.34  record~~, except that information in a report pertaining to the~~ 
  4.35  ~~identity or location of an assisted witness is private data~~.  
  4.36     Sec. 7.  Minnesota Statutes 1997 Supplement, section 
  5.1   611A.01, is amended to read: 
  5.2      611A.01 [DEFINITIONS.] 
  5.3      For the purposes of sections 611A.01 to 611A.06: 
  5.4      ~~(a) "Crime"~~ (1) "crime" means conduct that is prohibited by 
  5.5   local ordinance and results in bodily harm to an individual; or 
  5.6   conduct that is included within the definition of "crime" in 
  5.7   section 609.02, subdivision 1, or would be included within that 
  5.8   definition but for the fact that (i) the person engaging in the 
  5.9   conduct lacked capacity to commit the crime under the laws of 
  5.10  this state, or (ii) the act was alleged or found to have been 
  5.11  committed by a juvenile; 
  5.12     ~~(b) "Victim"~~ (2) "victim" means a natural person who incurs 
  5.13  loss or harm as a result of a crime, including a good faith 
  5.14  effort to prevent a crime, ~~and for purposes of sections 611A.04~~ 
  5.15  ~~and 611A.045, also includes (i) a corporation that incurs loss~~ 
  5.16  ~~or harm as a result of a crime, (ii) a government entity that~~ 
  5.17  ~~incurs loss or harm as a result of a crime, and (iii) any other~~ 
  5.18  ~~entity authorized to receive restitution under section 609.10 or~~ 
  5.19  ~~609.125.  If~~ or, if the victim is a natural person and is 
  5.20  deceased, "victim" means the deceased's surviving spouse or next 
  5.21  of kin; and 
  5.22     ~~(c) "Juvenile"~~ (3) "juvenile" has the same meaning as given 
  5.23  to the term "child" in section 260.015, subdivision 2.  
  5.24     Sec. 8.  Minnesota Statutes 1996, section 611A.07, is 
  5.25  amended to read: 
  5.26     611A.07 [ELECTRONIC MONITORING TO PROTECT DOMESTIC ABUSE 
  5.27  VICTIMS; STANDARDS.] 
  5.28     Subdivision 1.  [GENERALLY.] The commissioner of 
  5.29  corrections, after considering the recommendations of the 
  5.30  ~~battered women~~ crime victims services advisory council ~~and the~~ 
  5.31  ~~sexual assault advisory council~~, and in collaboration with the 
  5.32  commissioner of ~~public safety~~ crime victims and violence 
  5.33  prevention, shall adopt standards governing electronic 
  5.34  monitoring devices used to protect victims of domestic abuse.  
  5.35  In developing proposed standards, the commissioner shall 
  5.36  consider the experience of the courts in the tenth judicial 
  6.1   district in the use of the devices to protect victims of 
  6.2   domestic abuse.  These standards ~~shall~~ must promote the safety 
  6.3   of the victim and ~~shall~~ must include measures to avoid the 
  6.4   disparate use of the device with communities of color, product 
  6.5   standards, monitoring agency standards, and victim disclosure 
  6.6   standards.  
  6.7                             CHAPTER 611B 
  6.8       THE DEPARTMENT OF CRIME VICTIMS AND VIOLENCE PREVENTION 
  6.9     DEFINITIONS; ORGANIZATION OF DEPARTMENT; GENERAL PROVISIONS 
  6.10     Sec. 9.  [611B.01] [DEFINITIONS.] 
  6.11     Subdivision 1.  [APPLICATION.] The definitions in this 
  6.12  section apply to this chapter. 
  6.13     Subd. 2.  [ADVISORY COUNCIL.] "Advisory council" means the 
  6.14  crime victims services advisory council established in section 
  6.15  611B.03 and includes subcommittees of the council. 
  6.16     Subd. 3.  [COMMISSIONER.] "Commissioner" means the 
  6.17  commissioner of crime victims and violence prevention. 
  6.18     Subd. 4.  [CRIME.] "Crime" has the meaning given in section 
  6.19  611A.01. 
  6.20     Subd. 5.  [DEPARTMENT.] "Department" means the department 
  6.21  of crime victims and violence prevention. 
  6.22     Subd. 6.  [JUVENILE.] "Juvenile" has the same meaning as 
  6.23  given to the term "child" in section 260.015, subdivision 2.  
  6.24     Subd. 7.  [VICTIM.] "Victim" means a natural person who 
  6.25  incurs loss or harm as a result of a crime, including a good 
  6.26  faith effort to prevent a crime, and, for purposes of sections 
  6.27  611B.07 and 611B.08, also includes: 
  6.28     (1) a corporation that incurs loss or harm as a result of a 
  6.29  crime; 
  6.30     (2) a government entity that incurs loss or harm as a 
  6.31  result of a crime; and 
  6.32     (3) any other entity authorized to receive restitution 
  6.33  under section 609.10 or 609.125. 
  6.34     If the victim is a natural person and is deceased, "victim" 
  6.35  means the deceased's surviving spouse or next of kin.  
  6.36     Sec. 10.  [611B.02] [DEPARTMENT OF CRIME VICTIMS AND 
  7.1   VIOLENCE PREVENTION; ORGANIZATION.] 
  7.2      The department of crime victims and violence prevention is 
  7.3   an agency in the executive branch under the administrative 
  7.4   control of a commissioner appointed by the governor with the 
  7.5   advice and consent of the senate.  The commissioner may appoint 
  7.6   two deputy commissioners.  The commissioner has the general 
  7.7   powers provided in section 15.06, subdivision 6. 
  7.8      Sec. 11.  [611B.03] [CRIME VICTIMS SERVICES ADVISORY 
  7.9   COUNCIL.] 
  7.10     Subdivision 1.  [MEMBERSHIP.] The commissioner shall 
  7.11  appoint a 15-member advisory council consisting of: 
  7.12     (1) a district court judge or court administrator appointed 
  7.13  upon recommendation of the chief justice of the supreme court; 
  7.14     (2) a county attorney appointed upon recommendation of the 
  7.15  Minnesota County Attorneys Association; 
  7.16     (3) a peace officer; 
  7.17     (4) a probation officer; 
  7.18     (5) an individual involved in restorative justice or 
  7.19  victim-offender mediation; 
  7.20     (6) a crime victims services provider who provides services 
  7.21  for crimes other than sexual assault, domestic violence, 
  7.22  homicide, or driving while impaired; or a victim of this type of 
  7.23  crime; 
  7.24     (7) a crime victims services provider who provides services 
  7.25  in homicide cases or a family member of a homicide victim; 
  7.26     (8) a crime victims services provider who provides services 
  7.27  in driving while impaired cases or a victim of a driving while 
  7.28  impaired offense; 
  7.29     (9) two individuals who provide services to victims of 
  7.30  sexual assault or who are sexual assault victims or a 
  7.31  combination of the two; 
  7.32     (10) two individuals who provide services for battered 
  7.33  women or who are victims of domestic violence or a combination 
  7.34  of the two; 
  7.35     (11) an individual who provides services for abused 
  7.36  children or a person who was abused as a child; and 
  8.1      (12) two public members. 
  8.2      The appointments must take into account sex, race, and 
  8.3   geographic distribution.  The commissioner shall designate one 
  8.4   of the members to serve as the council's chair. 
  8.5      Subd. 2.  [GENERAL PROVISIONS.] Section 15.059, 
  8.6   subdivisions 2, 3, and 4, apply to the council.  However, the 
  8.7   terms of the members are two years.  No member may serve on the 
  8.8   council for more than two terms.  Notwithstanding section 
  8.9   15.059, subdivision 5, the council does not expire. 
  8.10     Subd. 3.  [DUTIES.] The council shall:  
  8.11     (1) advise the commissioner on the implementation and 
  8.12  continued operation of this chapter; 
  8.13     (2) review on a regular basis the treatment of victims by 
  8.14  the criminal justice system and the need and availability of 
  8.15  services to victims; 
  8.16     (3) advise the commissioner in the coordination and 
  8.17  allocation of federal funds for crime victims assistance 
  8.18  programs; 
  8.19     (4) advocate necessary changes and monitor victim-related 
  8.20  legislation; 
  8.21     (5) provide information, training, and technical assistance 
  8.22  to state and local agencies and groups involved in victim and 
  8.23  witness assistance; 
  8.24     (6) serve as a clearinghouse for information concerning 
  8.25  victim and witness programs; 
  8.26     (7) develop guidelines for the implementation of victim and 
  8.27  witness assistance programs and aid in the creation and 
  8.28  development of programs; 
  8.29     (8) coordinate the development and implementation of 
  8.30  policies and guidelines for the treatment of victims and 
  8.31  witnesses, and the delivery of services to them; 
  8.32     (9) develop ongoing public awareness efforts and programs 
  8.33  to assist victims; 
  8.34     (10) serve as a liaison between the commissioner and 
  8.35  organizations that provide services to crime victims; 
  8.36     (11) administer the grant program described in section 
  9.1   611B.42; and 
  9.2      (12) perform any other function described in this chapter. 
  9.3      Subd. 4.  [SUBCOMMITTEES.] The commissioner may establish 
  9.4   subcommittees of the council and select their members, including 
  9.5   a chair, if desired.  A subcommittee may carry out any of the 
  9.6   responsibilities of the council and has all of the powers of the 
  9.7   council.  However, unless the council decides otherwise, any 
  9.8   action taken by a subcommittee must be approved by the council. 
  9.9      Subd. 5.  [CONFLICTS OF INTEREST.] A member of the council 
  9.10  or a subcommittee of the council must be excluded from 
  9.11  participating in review and recommendations concerning a grant 
  9.12  application if the member: 
  9.13     (1) serves or has served at any time during the past three 
  9.14  years as an employee, volunteer, or governing board member of an 
  9.15  organization whose application is being reviewed; or 
  9.16     (2) has a financial interest in the funding of the 
  9.17  applicant organization. 
  9.18     Sec. 12.  [611B.04] [SCOPE OF VICTIMS' RIGHTS.] 
  9.19     The rights afforded to crime victims in sections 611B.01 to 
  9.20  611B.10 are applicable to adult criminal cases, juvenile 
  9.21  delinquency proceedings, juvenile traffic proceedings involving 
  9.22  driving under the influence of alcohol or drugs, and proceedings 
  9.23  involving any other act committed by a juvenile that would be a 
  9.24  crime as defined in section 609.02, if committed by an adult. 
  9.25     Sec. 13.  [611B.05] [NOTIFICATION OF VICTIMS' RIGHTS.] 
  9.26     Subdivision 1.  [VICTIMS' RIGHTS.] (a) The advisory council 
  9.27  shall develop two model notices of the rights of crime victims.  
  9.28     (b) The initial notice of the rights of crime victims must 
  9.29  be distributed by a peace officer to each victim at the time of 
  9.30  initial contact with the victim.  The notice must inform a 
  9.31  victim of: 
  9.32     (1) the victim's right to apply for reparations to cover 
  9.33  losses, not including property losses, resulting from a violent 
  9.34  crime and the telephone number to call to request an 
  9.35  application; 
  9.36     (2) the victim's right to request that the law enforcement 
 10.1   agency withhold public access to data revealing the victim's 
 10.2   identity under section 13.82, subdivision 10, paragraph (d); 
 10.3      (3) the additional rights of domestic abuse victims as 
 10.4   described in section 629.341; 
 10.5      (4) information on the nearest crime victim assistance 
 10.6   program or resource; and 
 10.7      (5) the victim's rights, if an offender is charged, to be 
 10.8   informed of and participate in the prosecution process, 
 10.9   including the right to request restitution. 
 10.10     (c) A supplemental notice of the rights of crime victims 
 10.11  must be distributed by the city or county attorney's office to 
 10.12  each victim, within a reasonable time after the offender is 
 10.13  charged or petitioned.  This notice must inform a victim of all 
 10.14  the rights of crime victims under this chapter and chapter 611A. 
 10.15     Subd. 2.  [NOTICE OF RIGHTS OF VICTIMS IN JUVENILE 
 10.16  COURT.] (a) The advisory council shall develop a notice of the 
 10.17  rights of victims in juvenile court that explains: 
 10.18     (1) the rights of victims in the juvenile court; 
 10.19     (2) when a juvenile matter is public; 
 10.20     (3) the procedures to be followed in juvenile court 
 10.21  proceedings; and 
 10.22     (4) other relevant matters. 
 10.23     (b) The juvenile court shall distribute a copy of the 
 10.24  notice to each victim of juvenile crime who attends a juvenile 
 10.25  court proceeding, along with a notice of services for victims 
 10.26  available in that judicial district. 
 10.27     Sec. 14.  [611B.06] [DOMESTIC ABUSE PROSECUTION PLANS 
 10.28  REQUIRED.] 
 10.29     Subdivision 1.  [DEFINITIONS.] For purposes of this section:
 10.30     (1) "domestic abuse" has the meaning given in section 
 10.31  518B.01, subdivision 2; and 
 10.32     (2) "domestic abuse case" means a prosecution for:  
 10.33     (i) a crime that involves domestic abuse; 
 10.34     (ii) a violation of a condition of release following an 
 10.35  arrest for a crime that involves domestic abuse; or 
 10.36     (iii) a violation of a domestic abuse order for protection. 
 11.1      Subd. 2.  [CONTENTS OF PLAN.] Each county and city attorney 
 11.2   shall develop and implement a written plan to expedite and 
 11.3   improve the efficiency and just disposition of domestic abuse 
 11.4   cases brought to the prosecuting authority.  Domestic abuse 
 11.5   advocates, law enforcement officials, and other interested 
 11.6   members of the public must have an opportunity to assist in the 
 11.7   development or adaptation of the plans in each jurisdiction.  
 11.8   The commissioner shall make the model and related training and 
 11.9   technical assistance available to all city and county 
 11.10  attorneys.  All plans must state goals and contain policies and 
 11.11  procedures to address the following matters: 
 11.12     (1) early assignment of a trial prosecutor who has the 
 11.13  responsibility of handling the domestic abuse case through 
 11.14  disposition, whenever feasible, or, where applicable, probation 
 11.15  revocation, and early contact between the trial prosecutor and 
 11.16  the victim; 
 11.17     (2) procedures to facilitate the earliest possible contact 
 11.18  between the prosecutor's office and the victim for the purpose 
 11.19  of acquainting the victim with the criminal justice process, the 
 11.20  use of subpoenas, the victim's role as a witness in the 
 11.21  prosecution, and the domestic abuse or victim services that are 
 11.22  available; 
 11.23     (3) procedures to coordinate the trial prosecutor's efforts 
 11.24  with those of the domestic abuse advocate or victim advocate, 
 11.25  where available, and to facilitate the early provision of 
 11.26  advocacy services to the victim; 
 11.27     (4) procedures to encourage the prosecution of all domestic 
 11.28  abuse cases where a crime can be proven; 
 11.29     (5) methods that will be used to identify, gather, and 
 11.30  preserve evidence in addition to the victim's in-court testimony 
 11.31  that will enhance the ability to prosecute a case when a victim 
 11.32  is reluctant to assist, including physical evidence of the 
 11.33  victim's injury, evidence relating to the scene of the crime, 
 11.34  eyewitness testimony, and statements of the victim made at or 
 11.35  near the time of the injury; 
 11.36     (6) procedures for educating local law enforcement agencies 
 12.1   about the contents of the plan and their role in assisting with 
 12.2   its implementation; 
 12.3      (7) the use of subpoenas for victims and witnesses, where 
 12.4   appropriate; 
 12.5      (8) procedures for annual review of the plan to evaluate 
 12.6   whether it is meeting its goals effectively and whether 
 12.7   improvements are needed; and 
 12.8      (9) a timetable for implementation. 
 12.9      Subd. 3.  [NOTICE FILED.] Each city and county attorney 
 12.10  shall file a notice that a prosecution plan has been adopted 
 12.11  with the commissioner. 
 12.12                            RESTITUTION
 12.13     Sec. 15.  [611B.07] [ORDER OF RESTITUTION.] 
 12.14     Subdivision 1.  [REQUEST; DECISION.] (a) A victim of a 
 12.15  crime has the right to receive restitution as part of the 
 12.16  disposition of a criminal charge or juvenile delinquency 
 12.17  proceeding against the offender if the offender is convicted or 
 12.18  found delinquent.  The court, or a person or agency designated 
 12.19  by the court, shall request information from the victim to 
 12.20  determine the amount of restitution owed.  The court or its 
 12.21  designee shall obtain the information from the victim in 
 12.22  affidavit form or by other competent evidence.  Information 
 12.23  submitted relating to restitution must describe the items or 
 12.24  elements of loss, itemize the total dollar amounts of 
 12.25  restitution claimed, and specify the reasons justifying these 
 12.26  amounts, if restitution is in the form of money or property.  A 
 12.27  request for restitution may include, but is not limited to, any 
 12.28  out-of-pocket losses resulting from the crime, including medical 
 12.29  and therapy costs, replacement of wages and services, expenses 
 12.30  incurred to return a child who was a victim of a crime under 
 12.31  section 609.26 to the child's parents or lawful custodian, and 
 12.32  funeral expenses.  An actual or prospective civil action 
 12.33  involving the alleged crime may not be used by the court as a 
 12.34  basis to deny a victim's right to obtain court-ordered 
 12.35  restitution under this section.  In order to be considered at 
 12.36  the sentencing or dispositional hearing, all information 
 13.1   regarding restitution must be received by the court 
 13.2   administrator of the appropriate court at least three business 
 13.3   days before the sentencing or dispositional hearing.  The court 
 13.4   administrator shall provide copies of this request to the 
 13.5   prosecutor and the offender or the offender's attorney at least 
 13.6   24 hours before the sentencing or dispositional hearing.  The 
 13.7   issue of restitution is reserved, or the sentencing or 
 13.8   dispositional hearing or hearing on the restitution request may 
 13.9   be continued, if the victim's affidavit or other competent 
 13.10  evidence submitted by the victim is not received in time.  At 
 13.11  the sentencing or dispositional hearing, the court shall give 
 13.12  the offender an opportunity to respond to specific items of 
 13.13  restitution and their dollar amounts in accordance with the 
 13.14  procedures established in section 611B.08, subdivision 4.  
 13.15     (b) The court may amend or issue an order of restitution 
 13.16  after the sentencing or dispositional hearing if: 
 13.17     (1) the offender is on probation, committed to the 
 13.18  commissioner of corrections, or on supervised release; 
 13.19     (2) sufficient evidence of a right to restitution has been 
 13.20  submitted; and 
 13.21     (3) the true extent of the victim's loss or the loss of the 
 13.22  subcommittee on crime victims reparations was not known at the 
 13.23  time of the sentencing or dispositional hearing, or hearing on 
 13.24  the restitution request. 
 13.25     If the court holds a hearing on the restitution request, 
 13.26  the court must notify the offender, the offender's attorney, the 
 13.27  victim, the prosecutor, and the subcommittee on crime victims 
 13.28  reparations at least five business days before the hearing.  The 
 13.29  court's restitution decision is governed by this section and 
 13.30  section 611B.08. 
 13.31     (c) The court shall grant or deny restitution or partial 
 13.32  restitution and shall state on the record its reasons for its 
 13.33  decision on restitution if information relating to restitution 
 13.34  has been presented.  If the court grants partial restitution, it 
 13.35  shall also specify the full amount of restitution that may be 
 13.36  docketed as a civil judgment under subdivision 5.  The court may 
 14.1   not require that the victim waive or otherwise forfeit any 
 14.2   rights or causes of action as a condition of granting 
 14.3   restitution or partial restitution.  In the case of a defendant 
 14.4   who is on probation, the court may not refuse to enforce an 
 14.5   order for restitution solely on the grounds that the order has 
 14.6   been docketed as a civil judgment.  
 14.7      Subd. 2.  [SUBCOMMITTEE'S REQUEST.] The subcommittee on 
 14.8   crime victims reparations may request restitution on behalf of a 
 14.9   victim by filing a copy of its orders, if any, that detail any 
 14.10  amounts paid by it to the victim.  The subcommittee may file the 
 14.11  payment order with the court administrator or with the person or 
 14.12  agency the court has designated to obtain information relating 
 14.13  to restitution.  The subcommittee shall submit the payment order 
 14.14  not less than three business days after it is issued by the 
 14.15  subcommittee.  The court administrator shall provide copies of 
 14.16  the payment order to the prosecutor and the offender or the 
 14.17  offender's attorney within 48 hours of receiving it from the 
 14.18  subcommittee or at least 24 hours before the sentencing or 
 14.19  dispositional hearing, whichever is earlier.  By operation of 
 14.20  law, the issue of restitution is reserved if the payment order 
 14.21  is not received at least three days before the sentencing or 
 14.22  dispositional hearing.  The filing of a payment order for 
 14.23  reparations with the court administrator also serves as a 
 14.24  request for restitution by the victim.  The restitution 
 14.25  requested by the subcommittee may be considered to be both on 
 14.26  its own behalf and on the victim's behalf.  If the subcommittee 
 14.27  has not paid reparations to the victim or on the victim's 
 14.28  behalf, restitution may be made directly to the victim.  If the 
 14.29  subcommittee has paid reparations to the victim or on the 
 14.30  victim's behalf, the court shall order restitution payments to 
 14.31  be made directly to the subcommittee. 
 14.32     Subd. 3.  [AFFIDAVIT OF DISCLOSURE.] An offender who has 
 14.33  been ordered by the court to make restitution in an amount of 
 14.34  $500 or more shall file an affidavit of financial disclosure 
 14.35  with the correctional agency responsible for investigating the 
 14.36  financial resources of the offender on request of the agency.  
 15.1   The commissioner shall prescribe what financial information the 
 15.2   affidavit must contain. 
 15.3      Subd. 4.  [PROCEDURES.] The offender shall make restitution 
 15.4   payments to the court administrator of the county in which the 
 15.5   restitution is to be paid.  The court administrator shall 
 15.6   disburse restitution in incremental payments and may not keep a 
 15.7   restitution payment for longer than 30 days.  However, the court 
 15.8   administrator is not required to disburse a restitution payment 
 15.9   that is under $10 unless the payment would fulfill the 
 15.10  offender's restitution obligation.  The court administrator 
 15.11  shall keep records of the amount of restitution ordered in each 
 15.12  case, any change made to the restitution order, and the amount 
 15.13  of restitution actually paid by the offender.  The court 
 15.14  administrator shall forward the data collected to the state 
 15.15  court administrator, who shall compile the data and make it 
 15.16  available to the supreme court and the legislature upon request. 
 15.17     Subd. 5.  [EFFECT OF ORDER FOR RESTITUTION.] An order of 
 15.18  restitution may be enforced by any person named in the order to 
 15.19  receive the restitution, or by the subcommittee on crime victims 
 15.20  reparations, in the same manner as a judgment in a civil action. 
 15.21  Any order for restitution in favor of a victim also operates as 
 15.22  an order for restitution in favor of the subcommittee if the 
 15.23  subcommittee has paid reparations to the victim or on the 
 15.24  victim's behalf.  Filing fees for docketing an order of 
 15.25  restitution as a civil judgment are waived for any victim named 
 15.26  in the restitution order.  An order of restitution must be 
 15.27  docketed as a civil judgment, in the name of any person named in 
 15.28  the order and in the name of the subcommittee, by the court 
 15.29  administrator of the district court in the county in which the 
 15.30  order of restitution was entered.  The court administrator also 
 15.31  shall notify the commissioner of revenue of the restitution debt 
 15.32  in the manner provided in chapter 270A, the Revenue Recapture 
 15.33  Act.  A juvenile court is not required to appoint a guardian ad 
 15.34  litem for a juvenile offender before docketing a restitution 
 15.35  order.  Interest accrues on the unpaid balance of the judgment 
 15.36  as provided in section 549.09.  Whether the order of restitution 
 16.1   has been docketed or not, it is a debt that is not dischargeable 
 16.2   in bankruptcy.  A decision for or against restitution in any 
 16.3   criminal or juvenile proceeding is not a bar to any civil action 
 16.4   by the victim or by the state under section 611B.34 against the 
 16.5   offender.  The offender must be given credit, in any order for 
 16.6   judgment in favor of a victim in a civil action, for any 
 16.7   restitution paid to the victim for the same injuries for which 
 16.8   the judgment is awarded. 
 16.9      Subd. 6.  [PAYMENT OF RESTITUTION.] When the court orders 
 16.10  both the payment of restitution and the payment of a fine and 
 16.11  the defendant does not pay the entire amount of court-ordered 
 16.12  restitution and the fine at the same time, the court may order 
 16.13  that all restitution be paid before the fine is paid. 
 16.14     Sec. 16.  [611B.08] [PROCEDURE FOR ISSUING ORDER OF 
 16.15  RESTITUTION.] 
 16.16     Subdivision 1.  [CRITERIA.] (a) The court, in determining 
 16.17  whether to order restitution and the amount of the restitution, 
 16.18  shall consider the following factors: 
 16.19     (1) the amount of economic loss sustained by the victim as 
 16.20  a result of the offense; and 
 16.21     (2) the income, resources, and obligations of the defendant.
 16.22     (b) If there is more than one victim of a crime, the court 
 16.23  shall give priority to victims who are not governmental entities 
 16.24  when ordering restitution. 
 16.25     Subd. 2.  [PRESENTENCE INVESTIGATION.] The presentence 
 16.26  investigation report made under section 609.115, subdivision 1, 
 16.27  must contain information pertaining to the factors set forth in 
 16.28  subdivision 1. 
 16.29     Subd. 3.  [PAYMENT STRUCTURE.] The court shall include in 
 16.30  every restitution order a provision requiring a payment schedule 
 16.31  or structure.  The court may assign the responsibility for 
 16.32  developing the schedule or structure to the court administrator, 
 16.33  a probation officer, or another designated person.  The person 
 16.34  who develops the payment schedule or structure shall consider 
 16.35  relevant information supplied by the defendant.  If the 
 16.36  defendant is placed on supervised probation, the payment 
 17.1   schedule or structure must be incorporated into the probation 
 17.2   agreement and must provide that the obligation to pay 
 17.3   restitution continues throughout the term of probation.  If the 
 17.4   defendant is not placed on probation, the structure or schedule 
 17.5   must provide that the obligation to pay restitution begins no 
 17.6   later than 60 days after the restitution order is issued. 
 17.7      Subd. 4.  [DISPUTE; EVIDENTIARY BURDEN; PROCEDURES.] At the 
 17.8   sentencing, dispositional hearing, or hearing on the restitution 
 17.9   request, the offender has the burden to produce evidence if the 
 17.10  offender intends to challenge the amount of restitution or 
 17.11  specific items of restitution or their dollar amounts.  This 
 17.12  burden of production must include a detailed sworn affidavit of 
 17.13  the offender setting forth all challenges to the restitution or 
 17.14  items of restitution and specifying all reasons justifying 
 17.15  dollar amounts of restitution that differ from the amounts 
 17.16  requested by the victim or victims.  The affidavit must be 
 17.17  served on the prosecuting attorney and the court at least five 
 17.18  business days before the hearing.  A dispute as to the proper 
 17.19  amount or type of restitution must be resolved by the court by 
 17.20  the preponderance of the evidence.  The burden of demonstrating 
 17.21  the amount of loss sustained by a victim as a result of the 
 17.22  offense and the appropriateness of a particular type of 
 17.23  restitution is on the prosecution.  
 17.24     Sec. 17.  [611B.09] [VICTIM'S RIGHT TO REQUEST PROBATION 
 17.25  REVIEW HEARING.] 
 17.26     A victim has the right to ask the offender's probation 
 17.27  officer to request a probation review hearing if the offender 
 17.28  fails to pay restitution as required in a restitution order. 
 17.29     Sec. 18.  [611B.10] [PENALTIES NO BAR TO CIVIL REMEDIES.] 
 17.30     The provision in any law for a penalty or forfeiture for 
 17.31  its violation may not be construed to deprive an injured person 
 17.32  of the right to recover from the offender damages sustained by 
 17.33  reason of the violation of law.  
 17.34              PROGRAM TO AID VICTIMS OF SEXUAL ATTACKS
 17.35     Sec. 19.  [611B.11] [DEVELOPMENT OF STATEWIDE PROGRAM; 
 17.36  SERVICES.] 
 18.1      Subdivision 1.  [DEFINITION.] As used in this section and 
 18.2   section 611B.12, a "sexual attack" means any nonconsensual act 
 18.3   of rape, sodomy, or indecent liberties.  
 18.4      Subd. 2.  [COMMISSIONER'S DUTY.] The commissioner, in 
 18.5   consultation with the advisory council, shall develop a 
 18.6   community-based, statewide program to aid victims of sexual 
 18.7   attacks.  
 18.8      Subd. 3.  [PROGRAM COMPONENTS.] (a) The program may include 
 18.9   voluntary counseling by trained personnel to begin as soon as 
 18.10  possible after a sexual attack is reported.  The counselor must 
 18.11  be of the same sex as the victim and, if requested, shall 
 18.12  accompany the victim to the hospital and to other proceedings 
 18.13  concerning the alleged attack, including police questioning, 
 18.14  police investigation, and court proceedings.  The counselor 
 18.15  shall also inform the victim of hospital procedures, police and 
 18.16  court procedures, the possibility of contracting a sexually 
 18.17  transmitted disease, the possibility of pregnancy, expected 
 18.18  emotional reactions, and any other relevant information, and 
 18.19  shall make appropriate referrals for any assistance desired by 
 18.20  the victim.  
 18.21     (b) The program may also include payment of all costs of 
 18.22  any medical examinations and medical treatment the victim may 
 18.23  require as a result of the sexual attack if the victim is not 
 18.24  otherwise reimbursed for these expenses or is ineligible to 
 18.25  receive compensation under any other law of this state or of the 
 18.26  United States.  
 18.27     Sec. 20.  [611B.12] [POWERS OF COMMISSIONER.] 
 18.28     In addition to developing the statewide program, the 
 18.29  commissioner may: 
 18.30     (1) assist and encourage county attorneys to assign 
 18.31  prosecuting attorneys trained in sensitivity and understanding 
 18.32  of victims of sexual attacks; 
 18.33     (2) assist the peace officers standards and training board 
 18.34  and municipal police forces to develop programs to provide peace 
 18.35  officers training in sensitivity and understanding of victims of 
 18.36  sexual attacks and encourage the assignment of trained peace 
 19.1   officers of the same sex as the victim to conduct all necessary 
 19.2   questioning of the victim; and 
 19.3      (3) encourage hospital administrators to place a high 
 19.4   priority on the expeditious treatment of victims of sexual 
 19.5   attacks, and to retain personnel trained in sensitivity and 
 19.6   understanding of victims of sexual attacks.  
 19.7      Sec. 21.  [611B.13] [ADDITIONAL POWER.] 
 19.8      The department's victim service division may accept and 
 19.9   expend funds received from other state agencies, other units of 
 19.10  governments, and other agencies that result from the 
 19.11  distribution of resource materials.  
 19.12                           BATTERED WOMEN
 19.13     Sec. 22.  [611B.15] [DEFINITIONS.] 
 19.14     Subdivision 1.  [SCOPE.] For the purposes of sections 
 19.15  611B.15 to 611B.21, the following terms have the meanings given. 
 19.16     Subd. 2.  [BATTERED WOMAN.] "Battered woman" means a woman 
 19.17  who is being or has been victimized by domestic abuse as defined 
 19.18  in section 518B.01, subdivision 2. 
 19.19     Subd. 3.  [EMERGENCY SHELTER SERVICES.] "Emergency shelter 
 19.20  services" include, but are not limited to, secure crisis 
 19.21  shelters for battered women and housing networks for battered 
 19.22  women. 
 19.23     Subd. 4.  [SUPPORT SERVICES.] "Support services" include, 
 19.24  but are not limited to, advocacy services, legal services, 
 19.25  counseling services, transportation services, child care 
 19.26  services, and 24-hour information and referral services. 
 19.27     Sec. 23.  [611B.16] [BATTERED WOMEN PROGRAMS.] 
 19.28     Subdivision 1.  [GRANTS AWARDED.] The commissioner shall 
 19.29  award grants to programs that provide emergency shelter services 
 19.30  and support services to battered women and their children.  The 
 19.31  commissioner shall also award grants for training, technical 
 19.32  assistance, and the development and implementation of education 
 19.33  programs to increase public awareness of the causes of 
 19.34  battering, means of preventing and ending domestic violence, and 
 19.35  the problems faced by battered women.  Grants must be awarded in 
 19.36  a manner that ensures equitable distribution to programs serving 
 20.1   metropolitan and nonmetropolitan populations.  Community-based 
 20.2   domestic abuse advocacy and support services programs must be 
 20.3   established in every judicial assignment district. 
 20.4      Subd. 2.  [PROGRAM FOR AMERICAN INDIAN WOMEN.] The 
 20.5   commissioner shall establish at least one program under this 
 20.6   section to provide emergency shelter services and support 
 20.7   services to battered American Indian women.  The commissioner 
 20.8   shall grant continuing operating expenses to the program 
 20.9   established under this subdivision in the same manner as 
 20.10  operating expenses are granted to programs established under 
 20.11  subdivision 1. 
 20.12     Subd. 3.  [APPLICATIONS.] Any public or private nonprofit 
 20.13  agency may apply to the commissioner for a grant to provide 
 20.14  emergency shelter services, support services, or both, to 
 20.15  battered women and their children.  The application must be 
 20.16  submitted in a form approved by the commissioner by rule adopted 
 20.17  under chapter 14, after consultation with the advisory council, 
 20.18  and must include: 
 20.19     (1) a proposal for the provision of emergency shelter 
 20.20  services, support services, or both, for battered women and 
 20.21  their children; 
 20.22     (2) a proposed budget; 
 20.23     (3) evidence of an ability to integrate into the proposed 
 20.24  program the uniform method of data collection and program 
 20.25  evaluation established under sections 611B.17 and 611B.18; 
 20.26     (4) evidence of an ability to represent the interests of 
 20.27  battered women and their children to local law enforcement 
 20.28  agencies and courts, county welfare agencies, and local boards 
 20.29  or departments of health; 
 20.30     (5) evidence of an ability to do outreach to unserved and 
 20.31  underserved populations and to provide culturally and 
 20.32  linguistically appropriate services; and 
 20.33     (6) any other content the commissioner may require by rule 
 20.34  adopted under chapter 14, after considering the recommendations 
 20.35  of the advisory council. 
 20.36     Programs that have been approved for grants in prior years 
 21.1   may submit materials that indicate changes in items listed in 
 21.2   clauses (1) to (6) in order to qualify for renewal funding.  
 21.3   Nothing in this subdivision may be construed to require programs 
 21.4   to submit complete applications for each year of renewal funding.
 21.5      Subd. 4.  [DUTIES OF GRANTEES.] Every public or private 
 21.6   nonprofit agency that receives a grant to provide emergency 
 21.7   shelter services and support services to battered women shall 
 21.8   comply with all rules of the commissioner related to the 
 21.9   administration of the pilot programs. 
 21.10     Subd. 5.  [CLASSIFICATION OF DATA COLLECTED BY GRANTEES.] 
 21.11  Personal history information and other information collected, 
 21.12  used, or maintained by a grantee from which the identity of any 
 21.13  battered woman may be determined is private data on individuals, 
 21.14  as defined in section 13.02, subdivision 12, and the grantee 
 21.15  shall maintain the data in accordance with the provisions of 
 21.16  chapter 13. 
 21.17     Sec. 24.  [611B.17] [DUTIES OF COMMISSIONER.] 
 21.18     The commissioner shall: 
 21.19     (1) review applications for and award grants to a program 
 21.20  pursuant to section 611B.16, subdivision 1, after considering 
 21.21  the recommendation of the advisory council; 
 21.22     (2) after considering the recommendation of the advisory 
 21.23  council, appoint a program director to perform the duties set 
 21.24  forth in section 611B.20; 
 21.25     (3) design and implement a uniform method of collecting 
 21.26  data on battered women to be used to evaluate the programs 
 21.27  funded under section 611B.16; 
 21.28     (4) provide technical aid to applicants in the development 
 21.29  of grant requests and provide technical aid to programs in 
 21.30  meeting the data collection requirements established by the 
 21.31  commissioner; and 
 21.32     (5) adopt, under chapter 14, all rules necessary to 
 21.33  implement the provisions of sections 611B.15 to 611B.21. 
 21.34     Sec. 25.  [611B.18] [DUTIES OF ADVISORY COUNCIL.] 
 21.35     The advisory council shall: 
 21.36     (1) advise the commissioner on all planning, development, 
 22.1   data collection, rulemaking, funding, and evaluation of programs 
 22.2   and services for battered women that are funded under section 
 22.3   611B.16, other than matters of a purely administrative nature; 
 22.4      (2) advise the commissioner on the adoption of rules under 
 22.5   chapter 14 governing the award of grants to ensure that funded 
 22.6   programs are consistent with section 611B.16, subdivision 1; 
 22.7      (3) recommend to the commissioner the names of five 
 22.8   applicants for the position of battered women program director; 
 22.9      (4) advise the commissioner on the rules adopted under 
 22.10  chapter 14 in accordance with section 611B.17; 
 22.11     (5) review applications received by the commissioner for 
 22.12  grants under section 611B.16 and make recommendations on the 
 22.13  awarding of grants; and 
 22.14     (6) advise the program director in the performance of 
 22.15  duties in the administration and coordination of the programs 
 22.16  funded under section 611B.16. 
 22.17     Sec. 26.  [611B.19] [ADVISORY COUNCIL RECOMMENDATIONS.] 
 22.18     The commissioner shall consider the advisory council's 
 22.19  recommendations before awarding grants or adopting policies 
 22.20  regarding the planning, development, data collection, 
 22.21  rulemaking, funding, or evaluation of programs and services for 
 22.22  battered women funded under section 611B.16.  Before taking 
 22.23  action on matters related to programs and services for battered 
 22.24  women and their children, except day-to-day administrative 
 22.25  operations, the commissioner shall notify the advisory council 
 22.26  of the intended action.  Notification of grant award decisions 
 22.27  must be given to the advisory council in time to allow the 
 22.28  council to request reconsideration.  
 22.29     Sec. 27.  [611B.20] [BATTERED WOMEN PROGRAM DIRECTOR.] 
 22.30     The commissioner shall appoint a program director.  In 
 22.31  appointing the program director, the commissioner shall give due 
 22.32  consideration to the list of applicants submitted to the 
 22.33  commissioner under section 611B.18, subdivision 1.  The program 
 22.34  director shall administer the funds appropriated for sections 
 22.35  611B.15 to 611B.21, consult with and provide staff to the 
 22.36  advisory council, and perform other duties related to battered 
 23.1   women programs as the commissioner may assign.  The program 
 23.2   director serves at the pleasure of the commissioner in the 
 23.3   unclassified service. 
 23.4      Sec. 28.  [611B.21] [DATA COLLECTION.] 
 23.5      Subdivision 1.  [FORM PRESCRIBED.] The commissioner shall, 
 23.6   by rule adopted under chapter 14, after considering the 
 23.7   recommendations of the advisory council, prescribe a uniform 
 23.8   form and method for the collection of data on battered women.  
 23.9   The method and form of data collection must be designed to 
 23.10  document the incidence of assault on battered women.  All data 
 23.11  collected by the commissioner under this section are summary 
 23.12  data within the meaning of section 13.02, subdivision 19. 
 23.13     Subd. 2.  [MANDATORY DATA COLLECTION.] Every local law 
 23.14  enforcement agency shall collect data related to battered women 
 23.15  in the form required by the commissioner.  The data must be 
 23.16  collected and transmitted to the commissioner at times as the 
 23.17  commissioner shall, by rule, require. 
 23.18     Subd. 3.  [IMMUNITY FROM LIABILITY.] Any person 
 23.19  participating in good faith and exercising due care in the 
 23.20  collection and transmission of data under this section is immune 
 23.21  from any civil or criminal liability that otherwise might result 
 23.22  by reason of the person's action. 
 23.23                           CRISIS CENTER
 23.24     Sec. 29.  [611B.23] [CRIME VICTIM CRISIS CENTER.] 
 23.25     Subdivision 1.  [DEFINITION.] For the purposes of this 
 23.26  section, "center" means a crime victim crisis center providing 
 23.27  services to victims of crime. 
 23.28     Subd. 2.  [COMMISSIONER'S DUTY.] The commissioner shall 
 23.29  maintain at least two operational centers.  The commissioner may 
 23.30  contract with a public or private agency for the purposes of 
 23.31  planning, implementing, and evaluating the centers. 
 23.32     Subd. 3.  [DUTIES OF CENTERS.] The centers shall: 
 23.33     (1) provide direct crisis intervention to crime victims; 
 23.34     (2) provide transportation for crime victims to assist them 
 23.35  in obtaining necessary emergency services; 
 23.36     (3) investigate the availability of insurance or other 
 24.1   financial resources available to the crime victims; 
 24.2      (4) refer crime victims to public or private agencies 
 24.3   providing existing needed services; 
 24.4      (5) encourage the development of services that are not 
 24.5   already being provided by existing agencies; 
 24.6      (6) coordinate the services that are already being provided 
 24.7   by various agencies; 
 24.8      (7) facilitate the general education of crime victims about 
 24.9   the criminal justice process; 
 24.10     (8) educate the public as to program availability; 
 24.11     (9) encourage educational programs that will serve to 
 24.12  reduce victimization and diminish the extent of trauma where 
 24.13  victimization occurs; and 
 24.14     (10) provide other appropriate services. 
 24.15                     CRIME VICTIMS REPARATIONS
 24.16     Sec. 30.  [611B.26] [DEFINITIONS.] 
 24.17     Subdivision 1.  [TERMS.] For the purposes of sections 
 24.18  611B.26 to 611B.41, the following terms have the meanings given 
 24.19  them. 
 24.20     Subd. 2.  [ACCOMPLICE.] "Accomplice" means a person who 
 24.21  would be held criminally liable for the crime of another under 
 24.22  section 609.05. 
 24.23     Subd. 3.  [CLAIMANT.] "Claimant" means a person entitled to 
 24.24  apply for reparations under sections 611B.26 to 611B.41. 
 24.25     Subd. 4.  [COLLATERAL SOURCE.] "Collateral source" means a 
 24.26  source of benefits or advantages for economic loss otherwise 
 24.27  reparable under sections 611B.26 to 611B.41 that the victim or 
 24.28  claimant has received, or that is readily available to the 
 24.29  victim, from: 
 24.30     (1) the offender; 
 24.31     (2) the government of the United States or any of its 
 24.32  agencies, a state or any of its political subdivisions, or an 
 24.33  instrumentality of two or more states, unless the law providing 
 24.34  for the benefits or advantages makes them excess or secondary to 
 24.35  benefits under sections 611B.26 to 611B.41; 
 24.36     (3) social security, Medicare, and Medicaid; 
 25.1      (4) state required temporary nonoccupational disability 
 25.2   insurance; 
 25.3      (5) workers' compensation; 
 25.4      (6) wage continuation programs of any employer; 
 25.5      (7) proceeds of a contract of insurance payable to the 
 25.6   victim for economic loss sustained because of the crime; 
 25.7      (8) a contract providing prepaid hospital and other health 
 25.8   care services, or benefits for disability; 
 25.9      (9) any private source as a voluntary donation or gift; or 
 25.10     (10) proceeds of a lawsuit brought as a result of the crime.
 25.11     The term does not include a life insurance contract. 
 25.12     Subd. 5.  [CRIME.] (a) "Crime" means conduct that:  
 25.13     (1) occurs or is attempted anywhere within the geographical 
 25.14  boundaries of this state, including Indian reservations and 
 25.15  other trust lands; 
 25.16     (2) poses a substantial threat of personal injury or death; 
 25.17  and 
 25.18     (3) is included within the definition of "crime" in section 
 25.19  609.02, subdivision 1, or would be included within that 
 25.20  definition but for the fact that:  (i) the person engaging in 
 25.21  the conduct lacked capacity to commit the crime under the laws 
 25.22  of this state; or (ii) the act was alleged or found to have been 
 25.23  committed by a juvenile.  
 25.24     (b) A crime occurs whether or not any person is prosecuted 
 25.25  or convicted, but the conviction of a person whose acts give 
 25.26  rise to the claim is conclusive evidence that a crime was 
 25.27  committed unless an application for rehearing, appeal, or 
 25.28  petition for certiorari is pending or a new trial or rehearing 
 25.29  has been ordered.  
 25.30     (c) "Crime" does not include an act involving the operation 
 25.31  of a motor vehicle, aircraft, or watercraft that results in 
 25.32  injury or death, except that a crime includes any of the 
 25.33  following: 
 25.34     (1) injury or death intentionally inflicted through the use 
 25.35  of a motor vehicle, aircraft, or watercraft; 
 25.36     (2) injury or death caused by a driver in violation of 
 26.1   section 169.09, subdivision 1; 169.121; or 609.21; and 
 26.2      (3) injury or death caused by a driver of a motor vehicle 
 26.3   in the immediate act of fleeing the scene of a crime in which 
 26.4   the driver knowingly and willingly participated. 
 26.5      (d) Notwithstanding paragraph (a), "crime" includes an act 
 26.6   of international terrorism as defined in United States Code, 
 26.7   title 18, section 2331, committed outside the United States 
 26.8   against a resident of this state. 
 26.9      Subd. 6.  [DEPENDENT.] "Dependent" means a person who was 
 26.10  dependent upon a deceased victim for support at the time of the 
 26.11  crime. 
 26.12     Subd. 7.  [ECONOMIC LOSS.] (a) "Economic loss" means actual 
 26.13  economic detriment incurred as a direct result of injury or 
 26.14  death.  
 26.15     (b) In the case of injury, the term is limited to:  
 26.16     (1) reasonable expenses incurred for necessary medical, 
 26.17  chiropractic, hospital, rehabilitative, and dental products, 
 26.18  services, or accommodations, including ambulance services, 
 26.19  drugs, appliances, and prosthetic devices; 
 26.20     (2) reasonable expenses associated with recreational 
 26.21  therapy where a claimant has suffered amputation of a limb; 
 26.22     (3) reasonable expenses incurred for psychological or 
 26.23  psychiatric products, services, or accommodations, not to exceed 
 26.24  an amount to be set by the subcommittee, where the nature of the 
 26.25  injury or the circumstances of the crime are such that the 
 26.26  treatment is necessary to the rehabilitation of the victim; 
 26.27     (4) loss of income that the victim would have earned had 
 26.28  the victim not been injured; 
 26.29     (5) reasonable expenses incurred for substitute child care 
 26.30  or household services to replace those the victim or claimant 
 26.31  would have performed had the victim or the claimant's child not 
 26.32  been injured; and 
 26.33     (6) reasonable expenses actually incurred to return a child 
 26.34  who was a victim of a crime under section 609.25 or 609.26 to 
 26.35  the child's parents or lawful custodian, limited to 
 26.36  transportation costs, meals, and lodging from the time the child 
 27.1   was located until the child was returned home. 
 27.2      As used in clause (5), "child care services" means services 
 27.3   provided by facilities licensed under and in compliance with 
 27.4   Minnesota Rules, parts 9502.0315 to 9502.0445, or 9545.0510 to 
 27.5   9545.0670, or exempted from licensing requirements under section 
 27.6   245A.03.  Licensed facilities must be paid at a rate not to 
 27.7   exceed their standard rate of payment.  Facilities exempted from 
 27.8   licensing requirements must be paid at a rate not to exceed $3 
 27.9   an hour per child for daytime child care or $4 an hour per child 
 27.10  for evening child care. 
 27.11     (b) In the case of death, the term is limited to:  
 27.12     (1) reasonable expenses actually incurred for funeral, 
 27.13  burial, or cremation, not to exceed an amount to be determined 
 27.14  by the subcommittee on the first day of each fiscal year; 
 27.15     (2) reasonable expenses for medical, chiropractic, 
 27.16  hospital, rehabilitative, psychological and psychiatric 
 27.17  services, products, or accommodations which were incurred prior 
 27.18  to the victim's death and for which the victim's survivors or 
 27.19  estate are liable; 
 27.20     (3) loss of support, including contributions of money, 
 27.21  products, or goods, but excluding services which the victim 
 27.22  would have supplied to dependents if the victim had lived; and 
 27.23     (4) reasonable expenses incurred for substitute child care 
 27.24  and household services to replace those which the victim or 
 27.25  claimant would have performed for the benefit of dependents if 
 27.26  the victim or the claimant's child had lived.  
 27.27     Claims for loss of support for minor children made under 
 27.28  clause (3) must be paid for three years or until the child 
 27.29  reaches 18 years old, whichever is the shorter period.  After 
 27.30  three years, if the child is younger than 18 years old a claim 
 27.31  for loss of support may be resubmitted to the subcommittee, and 
 27.32  the subcommittee staff shall evaluate the claim giving 
 27.33  consideration to the child's financial need and to the 
 27.34  availability of funds to the subcommittee.  Claims for loss of 
 27.35  support for a spouse made under clause (3) must also be reviewed 
 27.36  at least once every three years.  The subcommittee staff shall 
 28.1   evaluate the claim giving consideration to the spouse's 
 28.2   financial need and to the availability of funds to the 
 28.3   subcommittee.  
 28.4      Claims for substitute child care services made under clause 
 28.5   (4) are limited to the actual care that the deceased victim 
 28.6   would have provided to enable surviving family members to pursue 
 28.7   economic, educational, and other activities other than 
 28.8   recreational activities. 
 28.9      Subd. 8.  [INJURY.] "Injury" means actual bodily harm 
 28.10  including pregnancy and emotional trauma. 
 28.11     Subd. 9.  [SUBCOMMITTEE.] "Subcommittee" means the 
 28.12  subcommittee of the crime victims services advisory council 
 28.13  described in section 611B.29. 
 28.14     Subd. 10.  [VICTIM.] "Victim" means a person who suffers 
 28.15  personal injury or death as a direct result of: 
 28.16     (1) a crime; 
 28.17     (2) the good faith effort of any person to prevent a crime; 
 28.18  or 
 28.19     (3) the good faith effort of any person to apprehend a 
 28.20  person suspected of engaging in a crime. 
 28.21     Sec. 31.  [611B.27] [ELIGIBILITY FOR REPARATIONS.] 
 28.22     Subdivision 1.  [GENERALLY.] Except as provided in 
 28.23  subdivisions 2 and 4, the following persons are entitled to 
 28.24  reparations upon a showing by a preponderance of the evidence 
 28.25  that the requirements for reparations have been met: 
 28.26     (1) a victim who has incurred economic loss; 
 28.27     (2) a dependent who has incurred economic loss; 
 28.28     (3) the estate of a deceased victim if the estate has 
 28.29  incurred economic loss; 
 28.30     (4) any other person who has incurred economic loss by 
 28.31  purchasing for a victim any of the products, services, and 
 28.32  accommodations described in section 611B.26, subdivision 7; and 
 28.33     (5) the guardian, guardian ad litem, conservator, or 
 28.34  authorized agent of any of these persons.  
 28.35     Subd. 2.  [PROVIDERS; LIMITATIONS.] No hospital, medical 
 28.36  organization, health care provider, or other entity that is not 
 29.1   an individual may qualify for reparations under subdivision 1, 
 29.2   clause (4).  If a hospital, medical organization, health care 
 29.3   provider, or other entity that is not an individual qualifies 
 29.4   for reparations under subdivision 1, clause (5), because it is a 
 29.5   guardian, guardian ad litem, conservator, or authorized agent, 
 29.6   any reparations to which the entity is entitled must be made 
 29.7   payable solely or jointly to the victim, if alive, or to the 
 29.8   victim's estate or successors, if the victim is deceased. 
 29.9      Subd. 3.  [MINNESOTA RESIDENTS INJURED ELSEWHERE.] (a) A 
 29.10  Minnesota resident who is the victim of a crime committed 
 29.11  outside the geographical boundaries of this state but who 
 29.12  otherwise meets the requirements of this section has the same 
 29.13  rights under this chapter as if the crime had occurred within 
 29.14  this state upon a showing that the state, territory, or United 
 29.15  States possession in which the crime occurred does not have a 
 29.16  crime victim reparations law covering the resident's injury or 
 29.17  death.  
 29.18     (b) Notwithstanding paragraph (a), a Minnesota resident who 
 29.19  is the victim of a crime involving international terrorism who 
 29.20  otherwise meets the requirements of this section has the same 
 29.21  rights under this chapter as if the crime had occurred within 
 29.22  this state regardless of where the crime occurred or whether the 
 29.23  jurisdiction has a crime victims reparations law. 
 29.24     Subd. 4.  [WHEN REPARATIONS NOT AWARDED.] No reparations 
 29.25  may be awarded to a claimant otherwise eligible if:  
 29.26     (1) the crime was not reported to the police within 30 days 
 29.27  of its occurrence or, if it could not reasonably have been 
 29.28  reported within that period, within 30 days of the time when a 
 29.29  report could reasonably have been made, except that a victim of 
 29.30  criminal sexual conduct in the first, second, third, or fourth 
 29.31  degree who does not report the crime within 30 days of its 
 29.32  occurrence is deemed to have been unable to have reported it 
 29.33  within that period; 
 29.34     (2) the victim or claimant failed or refused to cooperate 
 29.35  fully with the police and other law enforcement officials; 
 29.36     (3) the victim or claimant was the offender or an 
 30.1   accomplice of the offender or an award to the claimant would 
 30.2   unjustly benefit the offender or an accomplice; 
 30.3      (4) the victim or claimant was in the act of committing a 
 30.4   crime at the time the injury occurred; 
 30.5      (5) the claim is less than $50; or 
 30.6      (6) no claim was filed with the subcommittee within two 
 30.7   years of victim's injury or death, except that: 
 30.8      (i) if the claimant was unable to file a claim within that 
 30.9   period, then the claim can be made within two years of the time 
 30.10  when a claim could have been filed; and 
 30.11     (ii) if the victim's injury or death was not reasonably 
 30.12  discoverable within two years of the injury or death, then the 
 30.13  claim can be made within two years of the time when the injury 
 30.14  or death is reasonably discoverable.  The following 
 30.15  circumstances do not render a claimant unable to file a claim 
 30.16  for the purposes of this clause: 
 30.17     (A) lack of knowledge of the existence of the Minnesota 
 30.18  crime victims reparations law; 
 30.19     (B) the failure of a law enforcement agency to provide 
 30.20  information or assistance to a potential claimant under section 
 30.21  611B.40; 
 30.22     (C) the incompetency of the claimant if the claimant's 
 30.23  affairs were being managed during that period by a guardian, 
 30.24  guardian ad litem, conservator, authorized agent, or parent; or 
 30.25     (D) the fact that the claimant is not of the age of 
 30.26  majority. 
 30.27     The limitations contained in clauses (1) and (6) do not 
 30.28  apply to victims of domestic child abuse as defined in section 
 30.29  260.015, subdivision 24.  In those cases, the two-year 
 30.30  limitation period commences running with the report of the crime 
 30.31  to the police. 
 30.32     Sec. 32.  [611B.28] [AMOUNT OF REPARATIONS.] 
 30.33     Reparations must equal economic loss except that: 
 30.34     (1) reparations must be reduced to the extent that economic 
 30.35  loss is recouped from a collateral source or collateral sources; 
 30.36     (2) reparations must be denied or reduced to the extent, if 
 31.1   any, that the subcommittee deems reasonable because of the 
 31.2   contributory misconduct of the claimant or of a victim through 
 31.3   whom the claimant claims; and 
 31.4      (3) reparations paid to all claimants suffering economic 
 31.5   loss as the result of the injury or death of any one victim may 
 31.6   not exceed $50,000.  
 31.7      Where compensation is readily available to a claimant from 
 31.8   a collateral source, the claimant must take reasonable steps to 
 31.9   recoup from the collateral source before claiming reparations. 
 31.10     No employer may deny an employee an award of benefits based 
 31.11  on the employee's eligibility or potential eligibility for 
 31.12  reparations. 
 31.13     Sec. 33.  [611B.29] [SUBCOMMITTEE ON CRIME VICTIMS 
 31.14  REPARATIONS.] 
 31.15     Subdivision 1.  [ESTABLISHMENT; DUTIES.] The commissioner 
 31.16  shall appoint five members of the advisory council to serve on a 
 31.17  subcommittee of the council.  The subcommittee shall: 
 31.18     (1) provide all claimants with an opportunity for hearing 
 31.19  pursuant to chapter 14; 
 31.20     (2) adopt rules to implement and administer sections 
 31.21  611B.26 to 611B.41, including rules governing the method of 
 31.22  practice and procedure before the subcommittee, prescribing the 
 31.23  manner in which applications for reparations are to be made and 
 31.24  providing for discovery proceedings; 
 31.25     (3) publicize widely the availability of reparations and 
 31.26  the method of making claims; and 
 31.27     (4) prepare and transmit annually to the governor and the 
 31.28  commissioner a report of its activities including the number of 
 31.29  claims awarded, a brief description of the facts in each case, 
 31.30  the amount of reparation awarded, and a statistical summary of 
 31.31  claims and awards made and denied.  
 31.32     Subd. 2.  [POWERS.] In addition to exercising any powers 
 31.33  specified elsewhere in sections 611B.26 to 611B.41 or other law, 
 31.34  the subcommittee upon its own motion or the motion of a claimant 
 31.35  or the attorney general may: 
 31.36     (1) issue subpoenas for the appearance of witnesses and the 
 32.1   production of books, records, and other documents; 
 32.2      (2) administer oaths and affirmations and cause to be taken 
 32.3   affidavits and depositions within and outside of this state; 
 32.4      (3) take notice of judicially cognizable facts and general, 
 32.5   technical, and scientific facts within the subcommittee members' 
 32.6   specialized knowledge; 
 32.7      (4) order a mental or physical examination of a victim or 
 32.8   an autopsy of a deceased victim provided that notice is given to 
 32.9   the person to be examined if not deceased, or, if deceased, to 
 32.10  the claimant, and that the claimant and the attorney general 
 32.11  receive copies of any resulting report; 
 32.12     (5) suspend or postpone the proceedings on a claim if a 
 32.13  criminal prosecution arising out of the incident that is the 
 32.14  basis of the claim has been commenced or is imminent; 
 32.15     (6) request from prosecuting attorneys and law enforcement 
 32.16  officers investigations and data to enable the subcommittee to 
 32.17  perform its duties under sections 611B.26 to 611B.41; 
 32.18     (7) grant emergency reparations pending the final 
 32.19  determination of a claim if it is one with respect to which an 
 32.20  award will probably be made and undue hardship will result to 
 32.21  the claimant if immediate payment is not made; and 
 32.22     (8) reconsider any decision granting or denying reparations 
 32.23  or determining their amount.  
 32.24     Subd. 3.  [SUBCOMMITTEE AUTHORITY.] Notwithstanding section 
 32.25  611B.03, subdivision 4, actions taken by the subcommittee need 
 32.26  not be approved by the advisory council. 
 32.27     Subd. 4.  [REPARATIONS DIRECTOR.] The commissioner shall 
 32.28  appoint a director to administer sections 611B.26 to 611B.41, 
 32.29  including the funds appropriated for those sections.  The 
 32.30  director may appoint employees necessary to implement these 
 32.31  sections.  The director shall consult with the subcommittee and 
 32.32  perform any duties related to reparations that the subcommittee 
 32.33  or commissioner may require.  The director serves at the 
 32.34  pleasure of the commissioner in the unclassified service. 
 32.35     Sec. 34.  [611B.31] [DETERMINATION OF CLAIMS.] 
 32.36     Subdivision 1.  [INVESTIGATION.] The subcommittee staff 
 33.1   shall examine the papers filed in support of the claim and cause 
 33.2   an investigation to be conducted into the validity of a claim to 
 33.3   the extent that an investigation is necessary. 
 33.4      Subd. 2.  [CLAIM DECISION.] The director may decide the 
 33.5   claim in favor of a claimant in the amount claimed on the basis 
 33.6   of the papers filed in support of it and the report of the 
 33.7   investigation of such claim.  If unable to decide the claim upon 
 33.8   the basis of the papers and any report of investigation, the 
 33.9   director shall discuss the matter with other members of the 
 33.10  subcommittee present at a subcommittee meeting.  After 
 33.11  discussion, the subcommittee shall vote on whether to grant or 
 33.12  deny the claim or whether further investigation is necessary.  
 33.13  The director shall then issue a decision granting or denying the 
 33.14  claim.  
 33.15     Subd. 3.  [WRITTEN DECISION.] The written decision granting 
 33.16  or denying a claim must be filed with the subcommittee and a 
 33.17  copy must be provided to the claimant.  
 33.18     Subd. 4.  [RECONSIDERATION.] Within 30 days after receiving 
 33.19  the decision of the subcommittee, the claimant may apply for 
 33.20  reconsideration before the whole subcommittee.  Upon request for 
 33.21  reconsideration, the subcommittee shall reexamine all 
 33.22  information filed by the claimant, including any new information 
 33.23  the claimant provides, and all information obtained by 
 33.24  investigation.  The subcommittee may also conduct additional 
 33.25  examination into the validity of the claim.  Upon 
 33.26  reconsideration, the subcommittee may affirm, modify, or reverse 
 33.27  the prior ruling.  No appeal may be taken to the advisory 
 33.28  council.  A claimant denied reparations upon reconsideration is 
 33.29  entitled to a contested case hearing within the meaning of 
 33.30  chapter 14. 
 33.31     Subd. 5.  [DATA.] Claims for reparations and supporting 
 33.32  documents and reports are investigative data and subject to 
 33.33  section 13.39 until the claim is paid, denied, withdrawn, or 
 33.34  abandoned.  Following the payment, denial, withdrawal, or 
 33.35  abandonment of a claim, the claim and supporting documents and 
 33.36  reports are private data on individuals as defined in section 
 34.1   13.02, subdivision 12.  However, the subcommittee may forward 
 34.2   any reparations claim forms, supporting documents, and reports 
 34.3   to local law enforcement authorities for purposes of 
 34.4   implementing section 611B.41. 
 34.5      Sec. 35.  [611B.32] [ATTORNEY FEES; LIMITATION FOR 
 34.6   REPRESENTATION BEFORE SUBCOMMITTEE.] 
 34.7      The subcommittee may limit the fee charged by any attorney 
 34.8   for representing a claimant before the subcommittee.  
 34.9      Sec. 36.  [611B.33] [REPARATIONS; HOW PAID.] 
 34.10     Reparations may be awarded in a lump sum or in installments 
 34.11  at the discretion of the subcommittee.  The amount of any 
 34.12  emergency award must be deducted from the final award, if a lump 
 34.13  sum, or prorated over a period of time if the final award is 
 34.14  made in installments.  Reparations are exempt from execution or 
 34.15  attachment except by persons who have supplied services, 
 34.16  products, or accommodations to the victim as a result of the 
 34.17  injury or death that is the basis of the claim.  The 
 34.18  subcommittee, at its discretion, may order that all or part of 
 34.19  the reparations awarded be paid directly to these suppliers.  
 34.20     Sec. 37.  [611B.34] [SUBROGATION.] 
 34.21     Subdivision 1.  [SUBROGATION RIGHTS OF STATE.] The state is 
 34.22  subrogated, to the extent of reparations awarded, to all the 
 34.23  claimant's rights to recover benefits or advantages for economic 
 34.24  loss from a source that is or, if readily available to the 
 34.25  victim or claimant, would be a collateral source.  Nothing in 
 34.26  this section limits the claimant's right to bring a cause of 
 34.27  action to recover other damages.  
 34.28     Subd. 2.  [DUTY OF CLAIMANT TO ASSIST.] A claimant who 
 34.29  receives reparations must agree to assist the state in pursuing 
 34.30  any subrogation rights arising out of the claim.  The 
 34.31  subcommittee may require a claimant to agree to represent the 
 34.32  state's subrogation interests if the claimant brings a cause of 
 34.33  action for damages arising out of the crime or occurrence for 
 34.34  which the subcommittee has awarded reparations.  An attorney who 
 34.35  represents the state's subrogation interests in accordance with 
 34.36  the client's agreement with the subcommittee is entitled to 
 35.1   reasonable attorney fees not to exceed one-third of the amount 
 35.2   recovered on behalf of the state. 
 35.3      Sec. 38.  [611B.35] [CRIME VICTIMS ACCOUNT.] 
 35.4      The crime victims account is a special account in the state 
 35.5   treasury.  Amounts collected by the state under section 611B.34 
 35.6   or paid to the subcommittee under section 611B.07, subdivision 
 35.7   2, must be credited to this account.  Money credited to this 
 35.8   account is annually appropriated to the department for use for 
 35.9   crime victim reparations under sections 611B.26 to 611B.41. 
 35.10     Sec. 39.  [611B.36] [MEDICAL PRIVILEGE.] 
 35.11     There is no privilege as to communication or records 
 35.12  relevant to an issue of the physical, mental, or emotional 
 35.13  condition of the claimant or victim in a proceeding under 
 35.14  sections 611B.26 to 611B.30 in which that condition is an 
 35.15  issue.  Nothing contained in this section may be interpreted to 
 35.16  abridge the attorney-client privilege.  
 35.17     Sec. 40.  [611B.37] [ENFORCEMENT OF SUBCOMMITTEE ORDERS.] 
 35.18     If a person refuses to comply with an order of the 
 35.19  subcommittee or asserts a privilege to withhold or suppress 
 35.20  evidence relevant to a claim, the subcommittee may make any just 
 35.21  order including denial of the claim, but may not find the person 
 35.22  in contempt.  If necessary to carry out any of its powers and 
 35.23  duties, the subcommittee may petition the district court for an 
 35.24  appropriate order, but the court may not find a person in 
 35.25  contempt for refusing to submit to a mental or physical 
 35.26  examination.  
 35.27     Sec. 41.  [611B.38] [DEPARTMENT OF CORRECTIONS; 
 35.28  RESTITUTION.] 
 35.29     The department of corrections, as a means of assisting in 
 35.30  the rehabilitation of persons committed to its care, may 
 35.31  establish programs and procedures by which these persons may 
 35.32  contribute toward restitution of persons injured as a 
 35.33  consequence of criminal acts performed by persons committed to 
 35.34  the department of corrections.  
 35.35     Sec. 42.  [611B.39] [USE OF RECORD OF CLAIM; EVIDENCE.] 
 35.36     Neither a record of the proceedings on a claim, a decision 
 36.1   of the subcommittee, nor the fact that an award has been made or 
 36.2   denied is admissible as evidence in any criminal or civil action 
 36.3   against the alleged offender, except an action by the state on 
 36.4   its subrogation claim. 
 36.5      Sec. 43.  [611B.40] [LAW ENFORCEMENT AGENCIES; DUTY TO 
 36.6   INFORM VICTIMS OF RIGHT TO FILE CLAIM.] 
 36.7      All law enforcement agencies investigating crimes shall 
 36.8   provide victims with notice of their right to apply for 
 36.9   reparations and with the telephone number to call to request an 
 36.10  application form.  
 36.11     Law enforcement agencies shall assist the subcommittee in 
 36.12  performing its duties under sections 611B.26 to 611B.41.  Within 
 36.13  ten days after receiving a request from the subcommittee, law 
 36.14  enforcement agencies shall supply the subcommittee with 
 36.15  requested reports, notwithstanding any provisions to the 
 36.16  contrary in chapter 13, and including reports otherwise 
 36.17  maintained as confidential or not open to inspection under 
 36.18  section 260.161.  All data released to the subcommittee retain 
 36.19  the data classification that the data had in the possession of 
 36.20  the law enforcement agency. 
 36.21     Sec. 44.  [611B.41] [FRAUDULENT CLAIMS; PENALTY.] 
 36.22     Any person who knowingly makes a false claim under sections 
 36.23  611B.26 to 611B.41 is guilty of a gross misdemeanor.  
 36.24            GRANTS FOR EMERGENCY NEEDS OF CRIME VICTIMS
 36.25     Sec. 45.  [611B.42] [FUND FOR EMERGENCY NEEDS OF CRIME 
 36.26  VICTIMS.] 
 36.27     Subdivision 1.  [DEFINITION.] As used in this section, 
 36.28  "emergency assistance" includes, but is not limited to: 
 36.29     (1) replacement of necessary property that was lost, 
 36.30  damaged, or stolen as a result of the crime; 
 36.31     (2) purchase and installation of necessary home security 
 36.32  devices; 
 36.33     (3) transportation to locations related to the victim's 
 36.34  needs, such as medical facilities and facilities of the criminal 
 36.35  justice system; 
 36.36     (4) cleanup of the crime scene; and 
 37.1      (5) reimbursement for reasonable travel and living expenses 
 37.2   the victim incurred to attend court proceedings that were held 
 37.3   at a location other than the place where the crime occurred due 
 37.4   to a change of venue. 
 37.5      Subd. 2.  [GRANTS AUTHORIZED.] The advisory council shall 
 37.6   make grants to prosecutors and victim assistance programs for 
 37.7   the purpose of providing emergency assistance to victims.  
 37.8      Subd. 3.  [APPLICATION FOR GRANTS.] A city or county 
 37.9   attorney's office or victim assistance program may apply to the 
 37.10  council for a grant for any of the purposes described in this 
 37.11  section or for any other emergency assistance purpose approved 
 37.12  by the council.  The application must be on forms and according 
 37.13  to procedures developed by the council.  The application must 
 37.14  describe the type or types of intended emergency assistance, 
 37.15  estimate the amount of money required, and include any other 
 37.16  information deemed necessary by the council. 
 37.17     Subd. 4.  [REPORTING BY LOCAL AGENCIES REQUIRED.] A city or 
 37.18  county attorney's office or victim assistance program that 
 37.19  receives a grant under this section shall file an annual report 
 37.20  with the council itemizing the expenditures made during the 
 37.21  preceding year, the purpose of those expenditures, and the 
 37.22  ultimate disposition, if any, of each assisted victim's criminal 
 37.23  case. 
 37.24             VICTIMS' RIGHTS ENFORCEMENT AND COMPLIANCE
 37.25     Sec. 46.  [611B.46] [DEFINITIONS.] 
 37.26     Subdivision 1.  [DEFINITIONS.] The definitions in this 
 37.27  section apply to this section and section 611B.47.  
 37.28     Subd. 2.  [APPROPRIATE AUTHORITY.] "Appropriate authority" 
 37.29  includes anyone who is the subject of a complaint to the 
 37.30  division of victims' rights enforcement and compliance or anyone 
 37.31  within the agency who is in a supervisory position with regard 
 37.32  to one who is the subject of a complaint.  
 37.33     Subd. 3.  [ELEMENTS OF THE CRIMINAL JUSTICE SYSTEM.] 
 37.34  "Elements of the criminal justice system" refers to prosecuting 
 37.35  attorneys and members of their staff; the judiciary; peace 
 37.36  officers; probation and corrections officers; and city, state, 
 38.1   and county officials involved in the criminal justice system. 
 38.2      Subd. 4.  [VICTIM.] "Victim" refers to anyone or the next 
 38.3   of kin of anyone who has been or purports to have been subjected 
 38.4   to a criminal act, whether a felony, a gross misdemeanor, or 
 38.5   misdemeanor. 
 38.6      Subd. 5.  [VICTIM ASSISTANCE PROGRAM.] "Victim assistance 
 38.7   program" refers to an entity that provides or claims to provide 
 38.8   services and assistance to victims on a regular, ongoing basis.  
 38.9      Sec. 47.  [611B.47] [VICTIMS' RIGHTS ENFORCEMENT AND 
 38.10  COMPLIANCE DIVISION.] 
 38.11     Subdivision 1.  [APPOINTMENT; POWERS.] The department's 
 38.12  division of victims' rights enforcement and compliance is headed 
 38.13  by a director who is appointed by the commissioner to serve in 
 38.14  the unclassified service at the pleasure of the commissioner.  
 38.15  No person may serve as director while holding any other public 
 38.16  office.  The division may investigate decisions, acts, and other 
 38.17  matters of the criminal justice system so as to promote the 
 38.18  highest attainable standards of competence, efficiency, and 
 38.19  justice for crime victims in the criminal justice system. 
 38.20     Subd. 2.  [ORGANIZATION OF DIVISION.] The director may 
 38.21  appoint employees necessary to discharge responsibilities of the 
 38.22  division.  The director may delegate to staff members any of the 
 38.23  director's authority or duties except the duties of formally 
 38.24  making recommendations to appropriate authorities and reports to 
 38.25  the governor or to the legislature. 
 38.26     Subd. 3.  [DUTIES.] The director may investigate complaints 
 38.27  concerning possible violation of the rights of crime victims or 
 38.28  witnesses provided under this chapter and chapter 611A, the 
 38.29  delivery of victim services by victim assistance programs, the 
 38.30  administration of the crime victims reparations act, and other 
 38.31  complaints of mistreatment by elements of the criminal justice 
 38.32  system or victim assistance programs.  The director shall act as 
 38.33  a liaison, when the director deems necessary, between agencies, 
 38.34  either in the criminal justice system or in victim assistance 
 38.35  programs, and victims and witnesses.  The director may be 
 38.36  concerned with activities that strengthen procedures and 
 39.1   practices that lessen the risk that objectionable administrative 
 39.2   acts will occur.  The director must be made available through 
 39.3   the use of a toll-free telephone number and shall answer 
 39.4   questions concerning the criminal justice system and victim 
 39.5   services put to the director by victims and witnesses in 
 39.6   accordance with the director's knowledge of the facts or law, 
 39.7   unless the information is otherwise restricted.  The director 
 39.8   shall establish a procedure for referral to the crime victim 
 39.9   crisis centers, the subcommittee on crime victims reparations, 
 39.10  and other victim assistance programs when services are requested 
 39.11  by crime victims or when deemed necessary by the director.  
 39.12     The director's files are confidential data as defined in 
 39.13  section 13.02, subdivision 3, during the course of an 
 39.14  investigation or while the files are active.  Upon completion of 
 39.15  the investigation or when the files are placed on inactive 
 39.16  status, they are private data on individuals as defined in 
 39.17  section 13.02, subdivision 12. 
 39.18     Subd. 4.  [POWERS.] (a) The director may undertake other 
 39.19  activities necessary to carry out the duties set out in 
 39.20  subdivision 3.  
 39.21     (b) The director, with or without a complaint, may 
 39.22  investigate any action of an element of the criminal justice 
 39.23  system or a victim assistance program included in subdivision 3. 
 39.24     (c) The director may request and must be given access to 
 39.25  information and assistance the director considers necessary for 
 39.26  the discharge of responsibilities.  The director may inspect, 
 39.27  examine, and be provided copies of records and documents of all 
 39.28  elements of the criminal justice system and victim assistance 
 39.29  programs.  The director may request and must be given access to 
 39.30  police reports pertaining to juveniles and juvenile delinquency 
 39.31  petitions, notwithstanding section 260.161.  Any information 
 39.32  received by the director retains its data classification under 
 39.33  chapter 13 while in the director's possession.  Juvenile records 
 39.34  obtained under this subdivision may not be released to any 
 39.35  person. 
 39.36     (d) The director may prescribe the methods by which 
 40.1   complaints are to be made, received, and acted upon; may 
 40.2   determine the scope and manner of investigations to be made; 
 40.3   and, subject to the requirements of this section, may determine 
 40.4   the form, frequency, and distribution of the director's 
 40.5   conclusions, recommendations, and proposals.  
 40.6      (e) After completing investigation of a complaint, the 
 40.7   director shall inform in writing the complainant, the 
 40.8   investigated person or entity, and other appropriate authorities 
 40.9   of the action taken.  If the complaint involved the conduct of 
 40.10  an element of the criminal justice system in relation to a 
 40.11  criminal or civil proceeding, the director's findings must be 
 40.12  forwarded to the court in which the proceeding occurred.  
 40.13     (f) Before announcing a conclusion or recommendation that 
 40.14  expressly or impliedly criticizes an administrative agency or 
 40.15  any person, the director shall consult with that agency or 
 40.16  person. 
 40.17     Subd. 5.  [NO COMPELLED TESTIMONY.] Neither the director 
 40.18  nor any member of the director's staff may be compelled to 
 40.19  testify or produce evidence in any judicial or administrative 
 40.20  proceeding with respect to matters involving the exercise of 
 40.21  official duties except as may be necessary to enforce the 
 40.22  provisions of this section. 
 40.23     Subd. 6.  [RECOMMENDATIONS.] (a) On finding a complaint 
 40.24  valid after duly considering the complaint and whatever material 
 40.25  the director deems pertinent, the director may recommend action 
 40.26  to the appropriate authority.  
 40.27     (b) If the director makes a recommendation to an 
 40.28  appropriate authority for action, the authority, within a 
 40.29  reasonable time period, but not more than 30 days, shall inform 
 40.30  the director about the action taken or the reasons for not 
 40.31  complying with the recommendation.  
 40.32     (c) The director may publish conclusions and suggestions by 
 40.33  transmitting them to the governor, the legislature or any of its 
 40.34  committees, the press, and others who may be concerned.  When 
 40.35  publishing an opinion adverse to an administrative agency, the 
 40.36  director shall include any statement the administrative agency 
 41.1   may have made to the director by way of explaining its past 
 41.2   difficulties or its present rejection of the director's 
 41.3   proposals. 
 41.4      Subd. 7.  [REPORTS.] In addition to whatever reports the 
 41.5   director may make from time to time, the director shall 
 41.6   biennially report to the legislature and to the governor 
 41.7   concerning the exercise of the division's functions during the 
 41.8   preceding biennium.  The biennial report is due by the beginning 
 41.9   of the legislative session following the end of the biennium. 
 41.10               CRIME VICTIMS SERVICES TELEPHONE LINE
 41.11     Sec. 48.  [611B.48] [CRIME VICTIMS SERVICES TELEPHONE 
 41.12  LINE.] 
 41.13     The commissioner shall operate at least one statewide 
 41.14  toll-free 24-hour telephone line for the purpose of providing 
 41.15  crime victims with referrals for victim services and resources. 
 41.16                         MEDIATION PROGRAMS
 41.17     Sec. 49.  [611B.49] [MEDIATION PROGRAMS FOR CRIME VICTIMS 
 41.18  AND OFFENDERS.] 
 41.19     Subdivision 1.  [DEFINITIONS.] For purposes of this section:
 41.20     (1) "offender" means an adult charged with a nonviolent 
 41.21  crime or a juvenile who has been referred to a mediation program 
 41.22  before or after a petition for delinquency has been filed in 
 41.23  connection with a nonviolent offense; and 
 41.24     (2) "nonviolent crime" and "nonviolent offense" exclude any 
 41.25  offense in which the victim is a family or household member, as 
 41.26  defined in section 518B.01, subdivision 2. 
 41.27     Subd. 2.  [GRANTS.] The commissioner shall award grants to 
 41.28  nonprofit organizations to create or expand mediation programs 
 41.29  for crime victims and offenders.  The grants must further the 
 41.30  following goals: 
 41.31     (1) to expand existing mediation programs for crime victims 
 41.32  and juvenile offenders to also include adult offenders; 
 41.33     (2) to initiate victim-offender mediation programs in areas 
 41.34  that have no victim-offender mediation programs; 
 41.35     (3) to expand the opportunities for crime victims to be 
 41.36  involved in the criminal justice process; 
 42.1      (4) to evaluate the effectiveness of victim-offender 
 42.2   mediation programs in reducing recidivism and encouraging the 
 42.3   payment of court-ordered restitution; and 
 42.4      (5) to evaluate the satisfaction of victims who participate 
 42.5   in the mediation programs. 
 42.6      Subd. 3.  [MEDIATOR QUALIFICATIONS.] The commissioner shall 
 42.7   establish criteria to ensure that mediators participating in the 
 42.8   program are qualified. 
 42.9      Subd. 4.  [MATCH REQUIRED.] A nonprofit organization may 
 42.10  not receive a grant under this section unless the group has 
 42.11  raised a matching amount from other sources. 
 42.12                           ANNUAL REPORT
 42.13     Sec. 50.  [611B.51] [REPORT TO THE LEGISLATURE.] 
 42.14     The commissioner shall report to the legislature biennially 
 42.15  on the activities of the programs under this chapter. 
 42.16                JUVENILE JUSTICE ADVISORY COMMITTEE
 42.17     Sec. 51.  [611B.52] [JUVENILE JUSTICE PROGRAM.] 
 42.18     The governor shall designate the department as the sole 
 42.19  agency responsible for supervising the preparation and 
 42.20  administration of the state plan for juvenile justice required 
 42.21  by the Juvenile Justice and Delinquency Prevention Act of 1974, 
 42.22  as amended. 
 42.23     The governor shall designate the juvenile justice advisory 
 42.24  committee as the supervisory board for the department with 
 42.25  respect to preparation and administration of the state plan and 
 42.26  award of grants.  
 42.27     The governor shall appoint members to the juvenile justice 
 42.28  advisory committee in accordance with the membership 
 42.29  requirements of the Juvenile Justice and Delinquency Prevention 
 42.30  Act of 1974, as amended. 
 42.31                          ABUSED CHILDREN
 42.32     Sec. 52.  [611B.53] [ABUSED CHILD PROGRAM.] 
 42.33     Subdivision 1.  [DEFINITIONS.] For the purposes of sections 
 42.34  611B.53 to 611B.555, the following terms have the meanings given.
 42.35     Subd. 2.  [ABUSED CHILD.] "Abused child" means a child, 
 42.36  under the age of 18 years, who has suffered physical, emotional, 
 43.1   or mental injury; harmful neglect; sexual abuse or exploitation; 
 43.2   or negligent treatment.  
 43.3      Subd. 3.  [ABUSED CHILDREN SERVICES.] "Abused children 
 43.4   services" means any service or program designed to provide 
 43.5   advocacy, education, prevention, or direct service to or on 
 43.6   behalf of abused children, children at risk, and their families. 
 43.7      Sec. 53.  [611B.54] [GRANTS TO SERVICE PROVIDER PROGRAMS.] 
 43.8      Subdivision 1.  [GRANTS AWARDED.] The commissioner shall 
 43.9   award grants to programs that provide abused children services.  
 43.10  Grants must be awarded in a manner that ensures equitable 
 43.11  distribution to programs serving metropolitan and 
 43.12  nonmetropolitan populations.  
 43.13     Subd. 2.  [APPLICATIONS.] Any public or private nonprofit 
 43.14  agency may apply to the commissioner for a grant to provide 
 43.15  abused children services.  The application must be submitted in 
 43.16  a form approved by the commissioner after consultation with the 
 43.17  advisory council and must include:  
 43.18     (1) a proposal for the provision of abused children 
 43.19  services to, or on behalf of, abused children, children at risk, 
 43.20  and their families; 
 43.21     (2) a proposed budget; 
 43.22     (3) evidence of ability to represent the interests of 
 43.23  abused children and their families to local law enforcement 
 43.24  agencies and courts, social services, and health agencies; 
 43.25     (4) evidence of ability to do outreach to unserved and 
 43.26  underserved populations and to provide culturally and 
 43.27  linguistically appropriate services; and 
 43.28     (5) any other information the commissioner may require by 
 43.29  policy or by rule adopted under chapter 14 after considering the 
 43.30  recommendations of the advisory council.  
 43.31     Programs that have been approved for grants in prior years 
 43.32  may submit materials that indicate changes in items listed in 
 43.33  clauses (1) to (5) in order to qualify for renewal funding.  
 43.34  Nothing in this subdivision may be construed to require programs 
 43.35  to submit complete applications for each year of funding.  
 43.36     Subd. 3.  [DUTIES.] Every public or private nonprofit 
 44.1   agency that receives a grant under this section to provide 
 44.2   abused children services shall comply with all requirements of 
 44.3   the commissioner related to the administration of the grants.  
 44.4      Subd. 4.  [CLASSIFICATION OF DATA COLLECTED BY GRANTEES.] 
 44.5   Personal history information and other information collected, 
 44.6   used, or maintained by a grantee from which the identity of any 
 44.7   abused child or family members may be determined is private data 
 44.8   on individuals as defined in section 13.02, subdivision 12, and 
 44.9   the grantee shall maintain the data in accordance with 
 44.10  provisions of chapter 13. 
 44.11     Sec. 54.  [611B.55] [DUTIES OF COMMISSIONER.] 
 44.12     The commissioner shall:  
 44.13     (1) review applications and award grants to programs 
 44.14  pursuant to section 611B.54 after considering the recommendation 
 44.15  of the advisory council; 
 44.16     (2) design a uniform method of collecting data on abused 
 44.17  children programs to be used to monitor and assure compliance of 
 44.18  the programs funded under section 611B.54; 
 44.19     (3) provide technical aid to applicants in the development 
 44.20  of grant requests and to programs in meeting the data collection 
 44.21  requirements established by the commissioner; 
 44.22     (4) after considering the recommendation of the advisory 
 44.23  council, appoint a program director to perform the duties set 
 44.24  forth in this clause.  In appointing the program director, the 
 44.25  commissioner shall give due consideration to the list of 
 44.26  applicants submitted to the commissioner under section 
 44.27  611B.555.  The program director shall administer the funds 
 44.28  appropriated for sections 611B.53 to 611B.555, consult with and 
 44.29  provide staff to the advisory council, and perform other duties 
 44.30  related to abused children programs as the commissioner may 
 44.31  assign; and 
 44.32     (5) adopt, under chapter 14, all rules necessary to 
 44.33  implement the provisions of sections 611B.53 to 611B.555. 
 44.34     Sec. 55.  [611B.555] [ROLE OF ADVISORY COUNCIL.] 
 44.35     Subdivision 1.  [DUTIES.] The advisory council shall:  
 44.36     (1) advise the commissioner on all planning, development, 
 45.1   data collection, rulemaking, funding, and evaluation of abused 
 45.2   children programs; 
 45.3      (2) advise the commissioner on the adoption of rules under 
 45.4   chapter 14 governing the award of grants to ensure that funded 
 45.5   programs are consistent with section 611B.54; 
 45.6      (3) recommend to the commissioner the names of five 
 45.7   applicants for the position of abused children program director; 
 45.8      (4) advise the commissioner on the rules adopted under 
 45.9   chapter 14; 
 45.10     (5) review applications received by the commissioner for 
 45.11  grants under section 611B.54 and make recommendations on the 
 45.12  awarding of grants; and 
 45.13     (6) advise the program director in the performance of 
 45.14  duties in the administration and coordination of the programs 
 45.15  funded under section 611B.54.  
 45.16     Subd. 2.  [ADVISORY COUNCIL RECOMMENDATIONS.] The 
 45.17  commissioner shall consider the advisory council's 
 45.18  recommendations before awarding grants or adopting policies 
 45.19  regarding the planning, development, data collection, 
 45.20  rulemaking, funding, or evaluation of programs and services for 
 45.21  abused children under section 611B.54.  Before taking action on 
 45.22  matters related to programs and abused children services, except 
 45.23  day-to-day administrative operations, the commissioner shall 
 45.24  notify the advisory council of the intended action.  
 45.25  Notification of grant award decisions shall be given to the 
 45.26  advisory council in time to allow the council to request 
 45.27  reconsideration. 
 45.28                DRUG POLICY AND VIOLENCE PREVENTION
 45.29     Sec. 56.  [611B.56] [DEFINITIONS.] 
 45.30     Subdivision 1.  [APPLICABILITY.] For purposes of sections 
 45.31  611B.56 to 611B.64, the following terms have the meanings given 
 45.32  them. 
 45.33     Subd. 2.  [CHEMICAL ABUSE.] "Chemical abuse" means the use 
 45.34  of a controlled substance or the abuse of alcoholic beverages. 
 45.35     Subd. 3.  [CONTROLLED SUBSTANCE.] "Controlled substance" 
 45.36  has the meaning given in section 152.01, subdivision 4. 
 46.1      Subd. 4.  [DIRECTOR.] "Director" means the head of the 
 46.2   division of drug policy and violence prevention described in 
 46.3   section 611B.57. 
 46.4      Subd. 5.  [PREVENTION ACTIVITY.] "Prevention activity" 
 46.5   means an activity carried on by a government agency that is 
 46.6   designed to reduce chemical abuse and dependency, including 
 46.7   education, prevention, treatment, and rehabilitation programs. 
 46.8      Subd. 6.  [SUPPLY REDUCTION ACTIVITY.] "Supply reduction 
 46.9   activity" means an activity carried on by a government agency 
 46.10  that is designed to reduce the supply or use of controlled 
 46.11  substances, including law enforcement, eradication, and 
 46.12  prosecutorial activities. 
 46.13     Sec. 57.  [611B.57] [DIVISION OF DRUG POLICY AND VIOLENCE 
 46.14  PREVENTION.] 
 46.15     Subdivision 1.  [GENERALLY.] The department's division of 
 46.16  drug policy and violence prevention is headed by a director 
 46.17  appointed by the commissioner to serve in the unclassified 
 46.18  service.  The director may appoint other employees.  The 
 46.19  director shall coordinate the violence prevention activities and 
 46.20  the prevention and supply reduction activities of state and 
 46.21  local agencies. 
 46.22     Subd. 2.  [DUTIES.] (a) The director shall: 
 46.23     (1) gather, develop, and make available throughout the 
 46.24  state information and educational materials on preventing and 
 46.25  reducing violence in the family and in the community, both 
 46.26  directly and by serving as a clearinghouse for information and 
 46.27  educational materials from schools, state and local agencies, 
 46.28  community service providers, and local organizations; 
 46.29     (2) foster collaboration among schools, state and local 
 46.30  agencies, community service providers, and local organizations 
 46.31  that assist in violence intervention or prevention; 
 46.32     (3) assist schools, state and local agencies, service 
 46.33  providers, and organizations, on request, with training and 
 46.34  other programs designed to educate individuals about violence 
 46.35  and reinforce values that contribute to ending violence; 
 46.36     (4) after consulting with all state agencies involved in 
 47.1   preventing or reducing violence within the family or community, 
 47.2   develop a statewide strategy for preventing and reducing 
 47.3   violence that encompasses the efforts of those agencies and 
 47.4   takes into account all money available for preventing or 
 47.5   reducing violence from any source; 
 47.6      (5) submit the strategy to the governor by January 15 of 
 47.7   each calendar year, along with a summary of activities occurring 
 47.8   during the previous year to prevent or reduce violence 
 47.9   experienced by children, young people, and their families; and 
 47.10     (6) assist appropriate professional and occupational 
 47.11  organizations, including organizations of law enforcement 
 47.12  officers, prosecutors, and educators, in developing and 
 47.13  operating informational and training programs to improve the 
 47.14  effectiveness of activities to prevent or reduce violence within 
 47.15  the family or community. 
 47.16     (b) The director shall gather and make available 
 47.17  information on prevention and supply reduction activities 
 47.18  throughout the state, foster cooperation among involved state 
 47.19  and local agencies, and assist agencies and public officials in 
 47.20  training and other programs designed to improve the 
 47.21  effectiveness of prevention and supply reduction activities. 
 47.22     (c) The director shall coordinate the distribution of funds 
 47.23  received by the state through the federal Anti-Drug Abuse Act.  
 47.24  The director shall recommend to the commissioner recipients of 
 47.25  grants under sections 299A.33 and 611B.61. 
 47.26     (d) The director shall: 
 47.27     (1) after consultation with all state agencies involved in 
 47.28  prevention or supply reduction activities, develop a state 
 47.29  chemical abuse and dependency strategy encompassing the efforts 
 47.30  of those agencies and taking into account all money available 
 47.31  for prevention and supply reduction activities from any source; 
 47.32     (2) submit the strategy to the governor by January 15 of 
 47.33  each year, along with a summary of prevention and supply 
 47.34  reduction activities during the preceding calendar year; 
 47.35     (3) assist appropriate professional and occupational 
 47.36  organizations, including organizations of law enforcement 
 48.1   officers, prosecutors, and educators, in developing and 
 48.2   operating informational and training programs to improve the 
 48.3   effectiveness of prevention and supply reduction activities; 
 48.4      (4) provide information, including information on drug 
 48.5   trends, and assistance to state and local agencies, both 
 48.6   directly and by functioning as a clearinghouse for information 
 48.7   from other agencies; 
 48.8      (5) facilitate cooperation among drug program agencies; and 
 48.9      (6) review, approve, and coordinate the administration of 
 48.10  prevention, criminal justice, and treatment grants. 
 48.11     (e) The director shall: 
 48.12     (1) assist state agencies in the coordination of drug 
 48.13  policies and programs and in the provision of services to other 
 48.14  units of government, communities, and citizens; 
 48.15     (2) promote among state agencies policies to achieve 
 48.16  uniformity in state and federal grant programs and to streamline 
 48.17  those programs; 
 48.18     (3) oversee comprehensive data collection and research and 
 48.19  evaluation of alcohol and drug program activities; 
 48.20     (4) seek the advice and counsel of appropriate interest 
 48.21  groups and advise the assistant commissioner of the office of 
 48.22  drug policy and violence prevention; 
 48.23     (5) seek additional private funding for community-based 
 48.24  programs and research and evaluation; 
 48.25     (6) evaluate whether law enforcement narcotics task forces 
 48.26  should be reduced in number and increased in geographic size, 
 48.27  and whether new sources of funding are available for the task 
 48.28  forces; 
 48.29     (7) continue to promote clarity of roles among federal, 
 48.30  state, and local law enforcement activities; and 
 48.31     (8) establish criteria to evaluate law enforcement drug 
 48.32  programs. 
 48.33     Subd. 3.  [GRANT PROGRAMS.] The director shall review and 
 48.34  approve state agency plans regarding the use of federal funds 
 48.35  for programs to reduce chemical abuse or reduce the supply of 
 48.36  controlled substances.  The appropriate state agencies would 
 49.1   have responsibility for management of state and federal drug 
 49.2   grant programs. 
 49.3      Sec. 58.  [611B.60] [YOUTH NEIGHBORHOOD CENTERS; PILOT 
 49.4   PROJECTS ESTABLISHED.] 
 49.5      Subdivision 1.  [ESTABLISHMENT; REQUIREMENTS.] The 
 49.6   commissioner may establish pilot projects at neighborhood 
 49.7   centers serving youths between the ages of 11 to 21.  The 
 49.8   centers may offer recreational activities, social services, 
 49.9   meals, job skills, and career services, and provide referrals 
 49.10  for youths to other available services outside the centers.  The 
 49.11  commissioner may consult with other appropriate agencies and, to 
 49.12  the extent possible, use existing resources and staff in 
 49.13  creating the programs.  The commissioner shall ensure that the 
 49.14  programs, if offered, are adequately staffed by specially 
 49.15  trained personnel and outreach street workers.  Each center may 
 49.16  integrate community volunteers into the program's activities and 
 49.17  services and cooperate with local law enforcement agencies.  The 
 49.18  centers must be open during hours convenient to youths, 
 49.19  including evenings, weekends, and extended summer hours.  A 
 49.20  center's hours, however, may not conflict with truancy laws.  
 49.21  Each center must have a plan for evaluation designed to measure 
 49.22  the program's effectiveness in aiding youths. 
 49.23     Subd. 2.  [ADVISORY BOARD.] The commissioner shall 
 49.24  establish an advisory board to help develop plans and programs 
 49.25  for the youth centers established in subdivision 1.  The 
 49.26  commissioner shall encourage youths and their families to 
 49.27  participate on the board. 
 49.28     Sec. 59.  [611B.62] [COMMUNITY CRIME PREVENTION PROGRAMS; 
 49.29  GRANTS.] 
 49.30     Subdivision 1.  [PROGRAMS.] The commissioner shall 
 49.31  administer a grant program to fund community-based programs that 
 49.32  are designed to enhance the community's sense of personal 
 49.33  security and to assist the community in its crime control and 
 49.34  prevention efforts.  Examples of qualifying programs include, 
 49.35  but are not limited to, the following: 
 49.36     (1) community-based programs designed to provide services 
 50.1   for children under 14 years of age who are juvenile offenders or 
 50.2   who are at risk of becoming juvenile offenders.  The programs 
 50.3   must give priority to: 
 50.4      (i) juvenile restitution; 
 50.5      (ii) prearrest or pretrial diversion, including through 
 50.6   mediation; 
 50.7      (iii) probation innovation; 
 50.8      (iv) establishing teen courts and community service; or 
 50.9      (v) postincarceration alternatives to assist youth in 
 50.10  returning to their communities; 
 50.11     (2) community-based programs designed to provide at-risk 
 50.12  children and youth under 14 years of age with after-school and 
 50.13  summer enrichment activities; 
 50.14     (3) community-based programs designed to discourage young 
 50.15  people from involvement in unlawful drug or street gang 
 50.16  activities such as neighborhood youth centers; 
 50.17     (4) neighborhood block clubs and innovative community-based 
 50.18  crime prevention programs; 
 50.19     (5) community-based and school-based programs designed to 
 50.20  enrich the educational, cultural, or recreational opportunities 
 50.21  of at-risk children and youth, including programs designed to 
 50.22  keep at-risk youth from dropping out of school and encourage 
 50.23  school dropouts to return to school; 
 50.24     (6) community-based programs designed to intervene with 
 50.25  juvenile offenders who are identified as likely to engage in 
 50.26  repeated criminal activity in the future unless intervention is 
 50.27  undertaken; 
 50.28     (7) community-based collaboratives that coordinate multiple 
 50.29  programs and funding sources to address the needs of at-risk 
 50.30  children and youth, including, but not limited to, 
 50.31  collaboratives that address the continuum of services for 
 50.32  juvenile offenders and those who are at risk of becoming 
 50.33  juvenile offenders; 
 50.34     (8) programs that are proven successful at increasing the 
 50.35  rate of school success or the rate of post-secondary education 
 50.36  attendance for high-risk students; 
 51.1      (9) community-based programs that provide services to 
 51.2   homeless youth; 
 51.3      (10) programs designed to reduce truancy; 
 51.4      (11) other community-based and school-based crime 
 51.5   prevention programs that are innovative and encourage 
 51.6   substantial involvement by members of the community served by 
 51.7   the program; 
 51.8      (12) community-based programs that attempt to prevent and 
 51.9   ameliorate the effects of teenage prostitution; 
 51.10     (13) programs for mentoring at-risk youth, including youth 
 51.11  at risk of gang involvement; and 
 51.12     (14) programs operated by community violence prevention 
 51.13  councils. 
 51.14     Subd. 2.  [GRANT PROCEDURE.] A local unit of government or 
 51.15  a nonprofit community-based entity may apply for a grant by 
 51.16  submitting an application with the commissioner.  The applicant 
 51.17  shall specify the following in its application: 
 51.18     (1) a description of each program for which funding is 
 51.19  sought; 
 51.20     (2) outcomes and performance indicators for the program; 
 51.21     (3) a description of the planning process that identifies 
 51.22  local community needs, surveys existing programs, provides for 
 51.23  coordination with existing programs, and involves all affected 
 51.24  sectors of the community; 
 51.25     (4) the geographical area to be served by the program; 
 51.26     (5) statistical information as to the number of arrests in 
 51.27  the geographical area for violent crimes and for crimes 
 51.28  involving schedule I and II controlled substances; and 
 51.29     (6) the number of economically disadvantaged youth in the 
 51.30  geographical areas to be served by the program. 
 51.31     For purposes of clause (5), "violent crime" includes a 
 51.32  violation of or an attempt or conspiracy to violate any of the 
 51.33  following laws:  section 609.185; 609.19; 609.195; 609.20; 
 51.34  609.205; 609.21; 609.221; 609.222; 609.223; 609.228; 609.235; 
 51.35  609.24; 609.245; 609.25; 609.255; 609.2661; 609.2662; 609.2663; 
 51.36  609.2664; 609.2665; 609.267; 609.2671; 609.268; 609.342; 
 52.1   609.343; 609.344; 609.345; 609.498, subdivision 1; 609.561; 
 52.2   609.562; 609.582, subdivision 1; or 609.687, or any provision of 
 52.3   chapter 152 that is punishable by a maximum sentence greater 
 52.4   than ten years. 
 52.5      The commissioner shall give priority to funding 
 52.6   community-based collaboratives, programs that demonstrate 
 52.7   substantial involvement by members of the community served by 
 52.8   the program, and programs that either serve the geographical 
 52.9   areas that have the highest crime rates, as measured by the data 
 52.10  supplied under clause (5), or serve geographical areas that have 
 52.11  the largest concentrations of economically disadvantaged youth.  
 52.12  Up to 2.5 percent of the appropriation may be used by the 
 52.13  commissioner to administer the program. 
 52.14     Subd. 3.  [REPORT.] The commissioner shall submit a written 
 52.15  report to the children's cabinet and chairs of the house and 
 52.16  senate committees and divisions with jurisdiction over criminal 
 52.17  justice policy and funding by February 1 each year, based on the 
 52.18  information provided by applicants under this subdivision. 
 52.19     Sec. 60.  [611B.63] [OTHER DUTIES.] 
 52.20     The director shall: 
 52.21     (1) provide information and assistance upon request to 
 52.22  school preassessment teams established under section 126.034 and 
 52.23  school and community advisory teams established under section 
 52.24  126.035; 
 52.25     (2) provide information and assistance upon request to the 
 52.26  state board of pharmacy with respect to the board's enforcement 
 52.27  of chapter 152; 
 52.28     (3) cooperate with and provide information and assistance 
 52.29  upon request to the alcohol and other drug abuse section in the 
 52.30  department of human services; 
 52.31     (4) assist in coordinating the policy of the office with 
 52.32  that of the narcotic enforcement unit in the bureau of criminal 
 52.33  apprehension; and 
 52.34     (5) coordinate the activities of the regional drug task 
 52.35  forces, provide assistance and information to them upon request, 
 52.36  and assist in the formation of task forces in areas of the state 
 53.1   in which no task force operates. 
 53.2      Sec. 61.  [611B.64] [COOPERATION OF OTHER AGENCIES.] 
 53.3      State agencies, and agencies and governing bodies of 
 53.4   political subdivisions, shall cooperate with the director and 
 53.5   shall provide any public information requested by the director. 
 53.6      Sec. 62.  [611B.65] [MULTIDISCIPLINARY CHEMICAL ABUSE 
 53.7   PREVENTION TEAM.] 
 53.8      Subdivision 1.  [ESTABLISHMENT OF TEAM.] A county, a 
 53.9   multicounty organization of counties formed by an agreement 
 53.10  under section 471.59, or a statutory or home rule charter city 
 53.11  with a population of no more than 50,000, may establish a 
 53.12  multidisciplinary chemical abuse prevention team.  The chemical 
 53.13  abuse prevention team may include, but need not be limited to, 
 53.14  representatives of health, mental health, public health, law 
 53.15  enforcement, educational, social service, court service, 
 53.16  community education, religious, and other appropriate agencies, 
 53.17  and parent and youth groups.  For purposes of this section, 
 53.18  "chemical abuse" has the meaning given in Minnesota Rules, part 
 53.19  9530.6605, subpart 6.  When possible, the team must coordinate 
 53.20  its activities with existing local groups, organizations, and 
 53.21  other teams dealing with the same issues the team is addressing. 
 53.22     Subd. 2.  [DUTIES OF TEAM.] (a) A multidisciplinary 
 53.23  chemical abuse prevention team shall: 
 53.24     (1) assist in coordinating chemical abuse prevention and 
 53.25  treatment services provided by various groups, organizations, 
 53.26  and agencies in the community; 
 53.27     (2) disseminate information on the chemical abuse 
 53.28  prevention and treatment services that are available within the 
 53.29  community in which the team is established; 
 53.30     (3) develop and conduct educational programs on chemical 
 53.31  abuse prevention for adults and youth within the community in 
 53.32  which the team is established; 
 53.33     (4) conduct activities to address other high-risk behaviors 
 53.34  related to chemical abuse, including, but not limited to, 
 53.35  suicide, delinquency, and family violence; and 
 53.36     (5) conduct other appropriate chemical abuse prevention 
 54.1   activities. 
 54.2      (b) The team, in carrying out its duties under this 
 54.3   subdivision, must focus on chemical abuse issues and needs 
 54.4   unique to the community in which the team is established.  In 
 54.5   defining the needs and goals of the team, the team shall consult 
 54.6   with the governmental body of the city or county in which the 
 54.7   team is established.  When a team is established in a 
 54.8   multicounty area, the team shall consult with representatives of 
 54.9   the county boards of each county. 
 54.10     (c) The team, in carrying out its duties, shall comply with 
 54.11  the Government Data Practices Act in chapter 13, and 
 54.12  requirements for confidentiality of records under Code of 
 54.13  Federal Regulations, title 42, sections 2.1 to 2.67, as amended 
 54.14  through December 31, 1988, and section 254A.09. 
 54.15     Subd. 3.  [GRANTS FOR DEMONSTRATION PROGRAM.] The director 
 54.16  of the division of drug policy and violence prevention may award 
 54.17  a grant to a county, multicounty organization, or city, as 
 54.18  described in subdivision 1, for establishing and operating a 
 54.19  multidisciplinary chemical abuse prevention team.  The director 
 54.20  may approve up to five applications for grants under this 
 54.21  subdivision.  The grant funds must be used to establish a 
 54.22  multidisciplinary chemical abuse prevention team to carry out 
 54.23  the duties described in subdivision 2. 
 54.24     Subd. 4.  [DIRECTOR; ADMINISTRATION OF GRANTS.] The 
 54.25  director shall develop a process for administering grants under 
 54.26  subdivision 3.  The process must be compatible with the 
 54.27  community grant program under the Drug Free Schools and 
 54.28  Communities Act, Public Law Number 100-690.  The process for 
 54.29  administering the grants must include establishing criteria the 
 54.30  director shall apply in awarding grants.  The director shall 
 54.31  issue requests for proposals for grants under subdivision 3.  
 54.32  The request must be designed to obtain detailed information 
 54.33  about the applicant and other information the director considers 
 54.34  necessary to evaluate and select a grant recipient.  The 
 54.35  applicant shall submit a proposal for a grant on a form and in a 
 54.36  manner prescribed by the director.  The director shall award 
 55.1   grants under this section so that 50 percent of the funds 
 55.2   appropriated for the grants go to the metropolitan area composed 
 55.3   of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and 
 55.4   Washington counties, and 50 percent of the funds go to the area 
 55.5   outside the metropolitan area.  The process for administering 
 55.6   the grants must also include procedures for monitoring the 
 55.7   recipients' use of grant funds and reporting requirements for 
 55.8   grant recipients. 
 55.9      Sec. 63.  [611B.655] [GRANTS FOR FAMILY VISITATION 
 55.10  CENTERS.] 
 55.11     Subdivision 1.  [PURPOSE.] The commissioner shall issue a 
 55.12  request for proposals from existing local nonprofit, 
 55.13  nongovernmental, or governmental organizations to use existing 
 55.14  local facilities as family visitation centers that may also be 
 55.15  used for visitation exchanges.  The commissioner shall award 
 55.16  grants in amounts up to $50,000 for the purpose of creating or 
 55.17  maintaining family visitation centers in an effort to reduce 
 55.18  children's vulnerability to violence and trauma related to 
 55.19  family visitation, where there has been a history of domestic 
 55.20  violence or abuse within the family.  The commissioner shall 
 55.21  award the grants to provide the greatest possible number of 
 55.22  family visitation centers and to locate them to provide for the 
 55.23  broadest possible geographic distribution of the centers 
 55.24  throughout the state.  
 55.25     Each children's family visitation center must use existing 
 55.26  local facilities to provide a healthy interactive environment 
 55.27  for parents who are separated or divorced and for parents with 
 55.28  children in foster homes to visit with their children.  The 
 55.29  centers must be available for use by district courts who may 
 55.30  order visitation to occur at a family visitation center.  The 
 55.31  centers may also be used as drop-off sites, so that parents who 
 55.32  are under court order to have no contact with each other can 
 55.33  exchange children for visitation at a neutral site.  Each center 
 55.34  must provide sufficient security to ensure a safe visitation 
 55.35  environment for children and their parents.  A grantee must 
 55.36  demonstrate the ability to provide a 25 percent local match, 
 56.1   which may include in-kind contributions. 
 56.2      Subd. 2.  [COUNTY INVOLVEMENT.] Each county or group of 
 56.3   counties is encouraged to provide supervised visitation services 
 56.4   in an effort to fill the gap in the court system that orders 
 56.5   supervised visitation but does not provide a center to 
 56.6   accomplish the supervised visitation as ordered.  Each county or 
 56.7   group of counties is encouraged to either financially contribute 
 56.8   to an existing family visitation center in the area, or 
 56.9   establish a new center if there is not one in the area, possibly 
 56.10  through county social services.  In creating a new center, the 
 56.11  county may collaborate with other counties, other family 
 56.12  visitation centers, family services collaboratives, court 
 56.13  services, and any other entity or organization.  The goal is to 
 56.14  provide family visitation centers statewide.  The county shall 
 56.15  apply for funding that may be available through the federal 
 56.16  government, specifically for family preservation or family 
 56.17  reunification purposes, or any other source of funding that will 
 56.18  aid in developing and maintaining this vital service. 
 56.19     Subd. 3.  [FUNDING.] The commissioner may award grants to 
 56.20  create or maintain family visitation centers. 
 56.21     In awarding grants to maintain a family visitation center, 
 56.22  the commissioner may award a grant to a center that can 
 56.23  demonstrate a 35 percent local match, provided the center is 
 56.24  diligently exploring and pursuing all available funding options 
 56.25  in an effort to become self-sustaining, and those efforts are 
 56.26  reported to the commissioner. 
 56.27     In awarding grants to create a family visitation center, 
 56.28  the commissioner shall give priority to: 
 56.29     (1) areas of the state where no other family visitation 
 56.30  center or similar facility exists; 
 56.31     (2) applicants who demonstrate that private funding for the 
 56.32  center is available and will continue; and 
 56.33     (3) facilities that are adapted for use to care for 
 56.34  children, such as day care centers, religious institutions, 
 56.35  community centers, schools, technical colleges, parenting 
 56.36  resource centers, and child care referral services.  
 57.1      In awarding grants to create or maintain a family 
 57.2   visitation center, the commissioner shall require the proposed 
 57.3   center to meet standards developed by the commissioner to ensure 
 57.4   the safety of the custodial parent and children. 
 57.5      Subd. 4.  [ADDITIONAL SERVICES.] Each family visitation 
 57.6   center may provide parenting and child development classes, 
 57.7   offer support groups to participating custodial parents, and 
 57.8   hold regular classes designed to assist children who have 
 57.9   experienced domestic violence and abuse.  Each family visitation 
 57.10  center must have available an individual knowledgeable about or 
 57.11  experienced in the provision of services to battered women on 
 57.12  its staff, its board of directors, or otherwise available to it 
 57.13  for consultation. 
 57.14     Subd. 5.  [ADMINISTRATION.] In administering the grants 
 57.15  authorized by this section, the commissioner shall ensure that 
 57.16  the term "family visitation center" is used in all future 
 57.17  applications, publicity releases, requests for proposals, and 
 57.18  other materials of like nature.  Materials published prior to 
 57.19  the enactment of this legislation which use different terms may 
 57.20  be distributed by the commissioner until supplies are gone. 
 57.21                   VICTIM AND WITNESS PROTECTION
 57.22     Sec. 64.  [611B.66] [GRANT PROGRAM FOR WITNESS AND VICTIM 
 57.23  PROTECTION.] 
 57.24     Subdivision 1.  [WITNESS AND VICTIM PROTECTION FUND.] The 
 57.25  witness and victim protection fund is under the administration 
 57.26  of the commissioner.  The commissioner may make grants to local 
 57.27  officials to provide for the relocation or other protection of a 
 57.28  victim, witness, or potential witness who is involved in a 
 57.29  criminal prosecution and who the commissioner has reason to 
 57.30  believe is or is likely to be the target of a violent crime or a 
 57.31  violation of section 609.498 or 609.713, in connection with that 
 57.32  prosecution.  The commissioner may award grants for any of the 
 57.33  following actions in connection with the protection of a witness 
 57.34  or victim under this section: 
 57.35     (1) to provide suitable documents to enable the person to 
 57.36  establish a new identity or otherwise protect the person; 
 58.1      (2) to provide housing for the person; 
 58.2      (3) to provide for the transportation of household 
 58.3   furniture and other personal property to the person's new 
 58.4   residence; 
 58.5      (4) to provide the person with a payment to meet basic 
 58.6   living expenses for a time period the commissioner deems 
 58.7   necessary; 
 58.8      (5) to assist the person in obtaining employment; and 
 58.9      (6) to provide other services necessary to assist the 
 58.10  person in becoming self-sustaining. 
 58.11     Subd. 2.  [APPLICATION FOR GRANT.] A county sheriff or the 
 58.12  chief administrative officer of a municipal police department 
 58.13  may apply to the commissioner for a grant for any of the 
 58.14  purposes described in subdivision 1, on forms and according to 
 58.15  procedures developed by the commissioner. 
 58.16     Subd. 3.  [ACCOUNTING REPORT.] The head of a law 
 58.17  enforcement agency that receives a grant under subdivision 1 
 58.18  shall file a report with the commissioner at the conclusion of 
 58.19  the case detailing the specific purposes for which the money was 
 58.20  spent.  By January 1 of each even-numbered year, the 
 58.21  commissioner shall prepare and submit to the chairs of the 
 58.22  committees and divisions in the senate and house of 
 58.23  representatives with jurisdiction over criminal justice policy 
 58.24  and funding a summary report of witness assistance services 
 58.25  provided under this section. 
 58.26     Subd. 4.  [DATA CLASSIFICATION.] An application to the 
 58.27  commissioner for money is a confidential record.  Information 
 58.28  within investigative files that identifies or could reasonably 
 58.29  be used to ascertain the identity of assisted witnesses is a 
 58.30  confidential record.  A report at the conclusion of an 
 58.31  investigation is a public record, except that information in a 
 58.32  report pertaining to the identity or location of an assisted 
 58.33  witness is private data.  
 58.34     Sec. 65.  [TRANSFERS FROM OTHER AGENCIES.] 
 58.35     The responsibilities of the department of corrections with 
 58.36  respect to victims services and restorative justice are 
 59.1   transferred to the department of crime victims and violence 
 59.2   prevention under Minnesota Statutes, section 15.039.  The 
 59.3   responsibilities of the department of public safety with respect 
 59.4   to crime victims services are transferred to the department of 
 59.5   crime victims and violence prevention under section 15.039.  The 
 59.6   responsibilities of the department of children, families, and 
 59.7   learning with respect to the abused children programs, 
 59.8   multidisciplinary chemical abuse prevention teams, family 
 59.9   visitation center grants, and the office of drug policy and 
 59.10  violence prevention are transferred to the department of crime 
 59.11  victims and violence prevention under section 15.039.  The 
 59.12  responsibilities of the department of economic security with 
 59.13  respect to the juvenile justice advisory committee are 
 59.14  transferred to the department of crime victims and violence 
 59.15  prevention under section 15.039.  The responsibilities of the 
 59.16  bureau of criminal apprehension with respect to witness and 
 59.17  victim protection grants are transferred to the department of 
 59.18  crime victims and violence prevention under section 15.039.  The 
 59.19  responsibilities of the supreme court with respect to the 
 59.20  mediation grant program for crime victims and offenders are 
 59.21  transferred to the department of crime victims and violence 
 59.22  prevention under section 15.039. 
 59.23     Sec. 66.  [REVISOR'S INSTRUCTIONS.] 
 59.24     The revisor of statutes shall make changes in 
 59.25  cross-references in existing statutory sections consistent with 
 59.26  this act. 
 59.27     Sec. 67.  [REPORT TO LEGISLATURE.] 
 59.28     On or before February 1, 1999, the crime victims services 
 59.29  advisory council shall report to the chairs of the senate crime 
 59.30  prevention and house of representatives judiciary committees on 
 59.31  the implementation, use, and administration of the grant program 
 59.32  created under Minnesota Statutes, section 611B.42. 
 59.33     Sec. 68.  [REPEALER.] 
 59.34     Minnesota Statutes 1996, sections 119A.20; 119A.21; 
 59.35  119A.22; 119A.23, subdivisions 3, 4, and 5; 119A.25; 119A.26, 
 59.36  subdivision 1; 119A.27; 119A.28; 119A.29; 119A.31, subdivisions 
 60.1   2 and 3; 119A.32; 119A.33; 119A.34; 268.29; 299C.065, 
 60.2   subdivisions 1a and 3a; 611A.02; 611A.0311; 611A.04, 
 60.3   subdivisions 1, 1a, 1b, 2, and 3; 611A.045, subdivisions 2 and 
 60.4   3; 611A.046; 611A.05; 611A.21; 611A.22; 611A.221; 611A.25, 
 60.5   subdivisions 1 and 2; 611A.31; 611A.32; 611A.33; 611A.34; 
 60.6   611A.35; 611A.36; 611A.361, subdivisions 1 and 2; 611A.41; 
 60.7   611A.43; 611A.51; 611A.52, subdivisions 1, 2, 3, 4, 5, 7, 9, and 
 60.8   10; 611A.53, subdivisions 1, 1a, and 2; 611A.54; 611A.55; 
 60.9   611A.56, subdivision 2; 611A.57; 611A.58; 611A.60; 611A.61; 
 60.10  611A.612; 611A.62; 611A.63; 611A.64; 611A.65; 611A.66; 611A.67; 
 60.11  611A.70; 611A.71, subdivisions 1, 2, 3, 4, and 6; 611A.72; 
 60.12  611A.73; 611A.74, subdivisions 2, 4, 5, and 6; 611A.76; 611A.77; 
 60.13  and 611A.78; Minnesota Statutes 1997 Supplement, sections 
 60.14  119A.26, subdivision 2; 119A.31, subdivision 1; 119A.37; 
 60.15  611A.04, subdivision 4; 611A.045, subdivision 1; 611A.25, 
 60.16  subdivision 3; 611A.361, subdivision 3; 611A.52, subdivisions 6 
 60.17  and 8; 611A.53, subdivision 1b; 611A.56, subdivision 1; 
 60.18  611A.675; 611A.71, subdivisions 5 and 7; and 611A.74, 
 60.19  subdivisions 1, 1a, and 3, are repealed. 
 60.20     Sec. 69.  [APPROPRIATION.] 
 60.21     $....... is appropriated to the commissioner of crime 
 60.22  victims and violence prevention from the general fund for the 
 60.23  fiscal year ending June 30, 1999, to: 
 60.24     (1) hire personnel necessary: 
 60.25     (i) to perform auditing and research functions within the 
 60.26  department; and 
 60.27     (ii) to coordinate and maximize the securing of money from 
 60.28  independent sources for grant purposes; and 
 60.29     (2) organize the department and implement this act. 
 60.30     Sec. 70.  [EFFECTIVE DATE.] 
 60.31     Sections 1 to 69 are effective July 1, 1998.