HF 3242

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to criminal justice; crime prevention; 
  1.3             appropriating money for the judicial branch, public 
  1.4             safety, corrections, criminal justice, crime 
  1.5             prevention programs, and other related purposes; 
  1.6             providing for community notification of the release of 
  1.7             certain sex offenders, expanding the sex offender 
  1.8             registration act; implementing, clarifying, and 
  1.9             modifying certain criminal and juvenile provisions; 
  1.10            prescribing, clarifying, and modifying certain penalty 
  1.11            provisions; establishing and expanding pilot programs 
  1.12            and grant programs; limiting expungement of certain 
  1.13            criminal records and providing an expungement process; 
  1.14            reconciling various provisions on criminal history 
  1.15            background checks; amending Minnesota Statutes 1994, 
  1.16            sections 2.724, by adding a subdivision; 13.99, 
  1.17            subdivision 53a; 144A.46, subdivision 5; 168.36, by 
  1.18            adding a subdivision; 169.791, subdivisions 2a, 3, and 
  1.19            4; 169.792, subdivisions 1, 2, 3, 5, and 6; 241.275; 
  1.20            242.31, subdivision 2; 244.09, subdivision 5; 244.10, 
  1.21            by adding a subdivision; 260.141, by adding a 
  1.22            subdivision; 260.145; 260.161, subdivision 1a; 
  1.23            260.171, subdivision 2; 260.281; 260.301; 260.311, 
  1.24            subdivision 3a; 268.30, subdivision 2; 299C.13; 
  1.25            352.90; 352.91, subdivisions 1, 2, 3b, 4, and by 
  1.26            adding subdivisions; 352.92, subdivision 2; 401.10; 
  1.27            490.15, by adding a subdivision; 609.035, subdivision 
  1.28            1, and by adding a subdivision; 609.11, subdivision 9; 
  1.29            609.135, subdivision 1; 609.165, subdivisions 1a and 
  1.30            1b; 609.2231, subdivision 2, and by adding a 
  1.31            subdivision; 609.3451, by adding a subdivision; 
  1.32            609.487, by adding subdivisions; 609.52, subdivision 
  1.33            2; 609.5316, subdivision 3; 609.583; 609.596; 609.611; 
  1.34            609.66, subdivisions 1a and 2; 609.666, subdivision 1, 
  1.35            and by adding a subdivision; 609.749, by adding a 
  1.36            subdivision; 609.855, subdivision 5; 611.271; 611A.04, 
  1.37            subdivisions 1a and 3; 611A.25, subdivision 3; 
  1.38            611A.361, subdivision 3; 624.713, subdivision 2; 
  1.39            624.7132, subdivision 8; 624.714, subdivisions 1 and 
  1.40            5; 624.7141; and 638.02, subdivision 2; Minnesota 
  1.41            Statutes 1995 Supplement, sections 144.057, 
  1.42            subdivisions 1, 3, and 4; 152.18, subdivision 1; 
  1.43            242.31, subdivision 1; 243.166, subdivisions 1 and 7; 
  1.44            243.212; 245A.04, subdivision 3; 256.045, subdivision 
  1.45            3; 256.98, subdivision 1; 260.015, subdivision 21; 
  1.46            260.132, subdivisions 1 and 3a; 260.155, subdivision 
  2.1             2; 260.161, subdivision 3; 260.195, subdivision 2a; 
  2.2             299C.10, subdivision 1; 299C.11; 299C.67, subdivision 
  2.3             5; 299C.68, subdivisions 2, 5, and 6; 481.01; 518B.01, 
  2.4             subdivision 14; 609.10; 609.125; 609.152, subdivision 
  2.5             1; 609.20; 609.2242, subdivision 2; 609.2325, 
  2.6             subdivision 3; 609.3451, subdivision 1; 609.485, 
  2.7             subdivisions 2 and 4; 609.52, subdivision 1; 611A.01; 
  2.8             611A.04, subdivision 1; 617.23; and 624.712, 
  2.9             subdivision 5; Laws 1991, chapter 271, section 9; and 
  2.10            Laws 1995, chapter 229, article 3, section 17; 
  2.11            proposing coding for new law in Minnesota Statutes, 
  2.12            chapters 15; 171; 241; 244; 299A; 609; and 611A; 
  2.13            proposing coding for new law as Minnesota Statutes, 
  2.14            chapter 609A; repealing Minnesota Statutes 1994, 
  2.15            sections 152.18, subdivision 2; 242.31, subdivision 3; 
  2.16            260.141, subdivision 1; 352.91, subdivision 3; 
  2.17            609.166; 609.167; 609.168; and 609.495, subdivision 2. 
  2.18  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.19                             ARTICLE 1 
  2.20                           APPROPRIATIONS 
  2.21  Section 1.  [CRIMINAL JUSTICE APPROPRIATIONS.] 
  2.22     The sums shown in the columns marked "APPROPRIATIONS" are 
  2.23  appropriated from the general fund, or another fund named, to 
  2.24  the agencies and for the purposes specified in this article, to 
  2.25  be available for the fiscal years indicated for each purpose.  
  2.26  The figures "1996" and "1997," where used in this article, mean 
  2.27  that the appropriation or appropriations listed under them are 
  2.28  available for the year ending June 30, 1996, or June 30, 1997, 
  2.29  respectively. 
  2.30                          SUMMARY BY FUND
  2.31                            1996          1997           TOTAL
  2.32  General            $      564,000 $   14,739,000 $   15,303,000
  2.33  Trunk Highway              19,000        -0-             19,000
  2.34  TOTAL              $      583,000 $   14,739,000 $   15,322,000
  2.35                                             APPROPRIATIONS 
  2.36                                         Available for the Year 
  2.37                                             Ending June 30 
  2.38                                            1996         1997 
  2.39  Sec. 2.  SUPREME COURT       $       -0-     $      700,000 
  2.40  $700,000 is for civil legal service to 
  2.41  low-income clients.  This is a one-time 
  2.42  appropriation. 
  2.43  The state court administrator and board 
  2.44  of public defense are requested to 
  2.45  study ways to improve court appearance 
  2.46  scheduling to maximize use of public 
  2.47  defenders and minimize travel.  The 
  2.48  state court administrator is requested 
  2.49  to report recommendations by January 
  2.50  15, 1997, to the committees on 
  3.1   judiciary and judiciary finance in the 
  3.2   house of representatives and the 
  3.3   committee on crime prevention in the 
  3.4   senate. 
  3.5   Sec. 3.  BOARD OF JUDICIAL
  3.6   STANDARDS                                100,000        -0-    
  3.7   This is a one-time appropriation. 
  3.8   Sec. 4.  PUBLIC SAFETY                                      
  3.9   Subdivision 1.  Total
  3.10  Appropriation                            483,000      3,070,000
  3.11                Summary by Fund
  3.12                          1996          1997
  3.13  General                 464,000     3,070,000
  3.14  Trunk Highway            19,000       -0-     
  3.15  $2,650,000 is for the 
  3.16  community-oriented policing grant 
  3.17  program and the weed and seed grant 
  3.18  program.  This sum is available until 
  3.19  expended.  This is a one-time 
  3.20  appropriation. 
  3.21  $10,000 is for the antiviolence 
  3.22  advertising campaign authorized in 
  3.23  article 2.  This is a one-time 
  3.24  appropriation. 
  3.25  Subd. 2.  Emergency Management 
  3.26         483,000         30,000 
  3.27                Summary by Fund
  3.28  General                 464,000        30,000
  3.29  Trunk Highway            19,000       -0- 
  3.30  This appropriation is to cover the 
  3.31  state's share of costs associated with 
  3.32  the 1995 windstorm disaster 
  3.33  declaration.  This is a one-time 
  3.34  appropriation. 
  3.35  Subd. 3.  Criminal Apprehension 
  3.36         -0-            380,000
  3.37  $240,000 is to fund new special agent 
  3.38  positions.  
  3.39  $40,000 is for enhancements to the 
  3.40  domestic abuse orders for protection 
  3.41  tracking system.  This is a one-time 
  3.42  appropriation. 
  3.43  $100,000 is for grants from the witness 
  3.44  and victim protection fund described in 
  3.45  Minnesota Statutes, section 299C.065, 
  3.46  subdivision 1a.  This is a one-time 
  3.47  appropriation. 
  3.48  The superintendent of the bureau of 
  3.49  criminal apprehension shall convene a 
  4.1   workgroup to study and make 
  4.2   recommendations on criminal justice 
  4.3   information access and retention issues 
  4.4   including processes on expungement, 
  4.5   correction of inaccurate records, 
  4.6   destruction of records, and other 
  4.7   matters relating to the privacy 
  4.8   interests of individuals.  The 
  4.9   workgroup shall also address 
  4.10  noncriminal justice agency access to 
  4.11  records. 
  4.12  The workgroup shall include 
  4.13  representatives of the criminal and 
  4.14  juvenile justice information policy 
  4.15  group and task force, the supreme court 
  4.16  implementation committee on diversity 
  4.17  and racial fairness, the department of 
  4.18  human services, law enforcement, 
  4.19  prosecuting authorities, public 
  4.20  defenders, one member of each caucus in 
  4.21  each house, and interest and advocacy 
  4.22  groups. 
  4.23  The workgroup shall report to the 
  4.24  committee on crime prevention in the 
  4.25  senate and the committees on judiciary 
  4.26  and judiciary finance in the house of 
  4.27  representatives by January 15, 1997. 
  4.28  Sec. 5.  BOARD OF PUBLIC
  4.29  DEFENSE                                  -0-            105,000
  4.30  $105,000 is appropriated for the fiscal 
  4.31  year ending June 30, 1997.  Of this 
  4.32  amount, $55,000 is to the office of the 
  4.33  state public defender to implement 
  4.34  duties under article 5, the community 
  4.35  notification law.  This amount shall be 
  4.36  annualized and added to the base budget 
  4.37  of the office of the state public 
  4.38  defender for the 1998-1999 biennium. 
  4.39  Of the amount appropriated to the board 
  4.40  of public defense in Laws 1995, chapter 
  4.41  226, article 1, section 10, subdivision 
  4.42  3, up to $100,000 in fiscal year 1996 
  4.43  and up to $100,000 in fiscal year 1997 
  4.44  may be used by the board for the 
  4.45  operation of its management information 
  4.46  system and administration.  This 
  4.47  transfer is effective the day following 
  4.48  final enactment. 
  4.49  Sec. 6.  CORRECTIONS 
  4.50  Subdivision 1.  Total 
  4.51  Appropriation                            -0-          9,914,000 
  4.52  Subd. 2.  Structural Deficiency
  4.53  $5,555,000 is to maintain the current 
  4.54  operations of the department's 
  4.55  correctional facilities and community 
  4.56  services programs. 
  4.57  Subd. 3.  Correctional 
  4.58  Institutions  
  4.59         -0-          1,360,000
  5.1   $500,000 is to fund the additional 
  5.2   employer contributions associated with 
  5.3   changes in the membership of the 
  5.4   correctional employees retirement plan. 
  5.5   The copayment required under Minnesota 
  5.6   Statutes, section 243.212, shall be $3 
  5.7   and shall be assessed each time 
  5.8   medical, dental, or mental health care 
  5.9   services are provided to an inmate at 
  5.10  the initiation of an inmate.  The 
  5.11  copayment shall be deducted from an 
  5.12  inmate's account of earnings and other 
  5.13  funds as provided under Minnesota 
  5.14  Statutes, section 243.23, subdivision 
  5.15  3.  If the funds in an inmate's account 
  5.16  are insufficient to pay a copayment 
  5.17  incurred, the copayment shall be a debt 
  5.18  against the account, and paid when 
  5.19  funds are available. 
  5.20  Subd. 4.  Community Services 
  5.21         -0-          2,995,000 
  5.22  $2,015,000 is for community 
  5.23  intervention program grants authorized 
  5.24  under Minnesota Statutes, section 
  5.25  241.81.  Of this amount, at least 
  5.26  $1,665,000 is for grants and up to 
  5.27  $350,000 is for planning, coordinating, 
  5.28  and administering grants.  The 
  5.29  commissioner or designee also shall use 
  5.30  this planning money to conduct a survey 
  5.31  of existing state and local crime 
  5.32  prevention, intervention and treatment 
  5.33  programs, and submit an inventory of 
  5.34  these programs to the chairs of the 
  5.35  house and senate finance committees 
  5.36  with jurisdiction over criminal justice 
  5.37  matters.  The inventory shall briefly 
  5.38  describe each program and its funding 
  5.39  source and shall indicate whether the 
  5.40  program contains outcome measures or 
  5.41  other evaluation mechanisms.  This is a 
  5.42  one-time appropriation. 
  5.43  $550,000 is for grants to counties 
  5.44  located in the seven-county 
  5.45  metropolitan area and counties 
  5.46  containing a city of the first class.  
  5.47  This is a one-time appropriation.  Of 
  5.48  this amount: 
  5.49  (1) $150,000 is for a pilot project for 
  5.50  family group conferencing in Dakota 
  5.51  county and the first judicial district; 
  5.52  and 
  5.53  (2) $400,000 is to create and expand 
  5.54  programs for curfew enforcement, 
  5.55  truancy prevention, pretrial diversion, 
  5.56  and for juveniles who are at risk of 
  5.57  incarceration.  One-half of this amount 
  5.58  shall be given to Ramsey county and 
  5.59  one-half shall be divided among the 
  5.60  other eligible counties.  
  5.61  Programs funded under this provision 
  5.62  must have clearly established 
  5.63  neighborhood, community, and family 
  6.1   measures of success and must report to 
  6.2   the commissioner on the achievement of 
  6.3   these outcomes on or before June 30, 
  6.4   1997. 
  6.5   $240,000 is for the intensive juvenile 
  6.6   monitoring pilot programs.  This sum is 
  6.7   available until expended.  This is a 
  6.8   one-time appropriation. 
  6.9   $190,000 is to implement duties under 
  6.10  article 5, the community notification 
  6.11  law. 
  6.12  $75,000 shall be transferred by the 
  6.13  commissioner to the criminal justice 
  6.14  center of the office of strategic and 
  6.15  long-range planning for the development 
  6.16  of a weighted workload study.  The 
  6.17  purpose of the study is to create a 
  6.18  basis for distributing probation 
  6.19  officer caseload reduction funding 
  6.20  across all three probation delivery 
  6.21  systems based on uniform workload 
  6.22  standards and the level of risk of 
  6.23  individual offenders.  In conducting 
  6.24  this study, the center shall consult 
  6.25  with an advisory committee appointed 
  6.26  for this purpose by the commissioner 
  6.27  and consisting of representatives of 
  6.28  county commissioners, county 
  6.29  corrections professionals, and the 
  6.30  department of corrections.  The center 
  6.31  also may contract with national experts 
  6.32  in the fields of community corrections 
  6.33  and probation to conduct or assist in 
  6.34  conducting the study.  
  6.35  The center shall complete the weighted 
  6.36  workload study by October 1, 1996, and 
  6.37  shall present it to community 
  6.38  corrections agencies and organizations 
  6.39  around the state during the fall of 
  6.40  1996.  The center shall submit the 
  6.41  study to the legislature by February 1, 
  6.42  1997, and shall include in it an 
  6.43  addendum that summarizes the response 
  6.44  received from interested community 
  6.45  corrections agencies and organizations. 
  6.46  In fiscal year 1998 and each subsequent 
  6.47  year, subject to legislative approval, 
  6.48  the commissioner shall distribute money 
  6.49  appropriated for state and county 
  6.50  probation officer caseload reduction 
  6.51  according to this weighted caseload 
  6.52  study. 
  6.53  The chairs of the house judiciary 
  6.54  finance committee and the senate crime 
  6.55  prevention finance division or their 
  6.56  designees shall convene a work group to 
  6.57  review possible measures of probation 
  6.58  officer travel time for inclusion in 
  6.59  the community corrections funding 
  6.60  formula defined in article 8, section 
  6.61  14.  The work group shall complete its 
  6.62  review by October 30, 1996, and shall 
  6.63  present its recommendations to the 1997 
  6.64  legislature. 
  7.1   Subd. 5.  Management Services  
  7.2          -0-              4,000
  7.3   $4,000 is for the international women's 
  7.4   shelter in Rochester, Minnesota for the 
  7.5   purpose of researching, preparing, and 
  7.6   translating into appropriate languages 
  7.7   a brochure on laws concerning violence 
  7.8   against women and children, including, 
  7.9   but not limited to, laws on domestic 
  7.10  abuse, child abuse, and female genital 
  7.11  mutilation.  This is a one-time 
  7.12  appropriation. 
  7.13  Notwithstanding the provisions of Laws 
  7.14  1995, chapter 226, article 1, section 
  7.15  22, the funds appropriated under Laws 
  7.16  1995, chapter 226, article 1, for the 
  7.17  fiscal year ending June 30, 1997, to 
  7.18  the department of corrections for 
  7.19  victim services, the department of 
  7.20  public safety for crime victim 
  7.21  services, and the supreme court for 
  7.22  community dispute resolution are 
  7.23  available. 
  7.24  All money received by the commissioner 
  7.25  of corrections pursuant to the domestic 
  7.26  abuse assessment fee under Minnesota 
  7.27  Statutes, section 609.2243 shall be 
  7.28  available for use by the commissioner 
  7.29  and is hereby appropriated annually to 
  7.30  the commissioner of corrections for 
  7.31  costs related to conducting the 
  7.32  assessments. 
  7.33  The governor shall designate the 
  7.34  department of corrections as the state 
  7.35  agency authorized to receive and 
  7.36  administer any funds made available 
  7.37  through the STOP Violence Against Women 
  7.38  Formula and Discretionary Grants 
  7.39  Program of the United States Department 
  7.40  of Justice under Code of Federal 
  7.41  Regulations, title 28, chapter 1. 
  7.42  During the fiscal year ending June 30, 
  7.43  1997, whenever offenders are assigned 
  7.44  for the purpose of work under agreement 
  7.45  with a state department or agency, 
  7.46  local unit of government, or other 
  7.47  government subdivision, the state 
  7.48  department or agency, local unit of 
  7.49  government, or other governmental 
  7.50  subdivision must certify in writing to 
  7.51  the appropriate bargaining agent that 
  7.52  the work performed by inmates will not 
  7.53  result in the displacement of currently 
  7.54  employed workers or workers on seasonal 
  7.55  layoff or layoff from a substantially 
  7.56  equivalent position, including partial 
  7.57  displacement such as reduction in hours 
  7.58  of nonovertime work, wages, or other 
  7.59  employment benefits. 
  7.60  Sec. 7.  HUMAN SERVICES                  -0-            350,000
  7.61  $350,000 is appropriated to the 
  7.62  commissioner of human services for the 
  7.63  fiscal year ending June 30, 1997, for 
  8.1   grants under Minnesota Statutes, 
  8.2   section 256F.11.  The grants must 
  8.3   assist private and public agencies and 
  8.4   organizations to provide crisis 
  8.5   nurseries to offer temporary care to 
  8.6   children who are abused or neglected, 
  8.7   or who are at high risk of abuse or 
  8.8   neglect, and children who are in 
  8.9   families receiving child protective 
  8.10  services.  Programs funded under this 
  8.11  provision must have clearly established 
  8.12  neighborhood, community, and family 
  8.13  measures of success and must report to 
  8.14  the commissioner on the achievement of 
  8.15  these outcomes on or before June 30, 
  8.16  1997.  This is a one-time appropriation.
  8.17  Sec. 8.  HEALTH                          -0-            200,000 
  8.18  $200,000 is appropriated from the 
  8.19  general fund to the commissioner of 
  8.20  health for the fiscal year ending June 
  8.21  30, 1997, for grants under Minnesota 
  8.22  Statutes, section 145A.15.  The grants 
  8.23  must fund home visiting projects 
  8.24  designed to prevent child abuse and 
  8.25  neglect and reduce juvenile 
  8.26  delinquency.  Programs funded under 
  8.27  this provision must have clearly 
  8.28  established neighborhood, community, 
  8.29  and family measures of success and must 
  8.30  report to the commissioner on the 
  8.31  achievement of these outcomes on or 
  8.32  before June 30, 1997.  This is a 
  8.33  one-time appropriation. 
  8.34  Sec. 9.  ECONOMIC SECURITY               -0-            400,000
  8.35  $400,000 is appropriated for the fiscal 
  8.36  year ending June 30, 1997, to the 
  8.37  commissioner of economic security to be 
  8.38  used for grants to youth intervention 
  8.39  programs under Minnesota Statutes, 
  8.40  section 268.30.  One-half of the 
  8.41  appropriation shall be used for grants 
  8.42  to programs operating within the 
  8.43  seven-county metropolitan area and 
  8.44  one-half of the appropriation shall be 
  8.45  used for programs operating outside of 
  8.46  the seven-county metropolitan area.  
  8.47  This is a one-time appropriation. 
  8.48                             ARTICLE 2 
  8.49                   CRIME PREVENTION AND COMMUNITY 
  8.50                          SAFETY PROGRAMS 
  8.51     Section 1.  [241.81] [COMMUNITY INTERVENTION PROGRAM 
  8.52  GRANTS.] 
  8.53     Subdivision 1.  [COMMUNITY APPLICANT.] (a) In order to 
  8.54  qualify for a criminal justice intervention program grant from 
  8.55  the children's cabinet, a community applicant must agree to 
  8.56  develop or provide services for children and youth designed to 
  8.57  encourage, expand, or enhance community alternatives for youth 
  9.1   at risk. 
  9.2      (b) Community applicants are expected to have broad 
  9.3   community representation, which may include judges, police, 
  9.4   corrections, county attorneys, local providers, including school 
  9.5   districts, counties, public health entities, other 
  9.6   municipalities, existing culturally specific community 
  9.7   organizations, family service collaboratives, local health 
  9.8   organizations, private and nonprofit service providers, child 
  9.9   care providers, local foundations, community-based service 
  9.10  groups, businesses, local transit authorities, or other 
  9.11  transportation providers, community action agencies under 
  9.12  section 268.53, senior citizen volunteer organizations, parents, 
  9.13  students, youth service organizations, and sectarian 
  9.14  organizations that provide nonsectarian services.  
  9.15     Subd. 2.  [DUTIES.] (a) Each community applicant shall: 
  9.16     (1) establish clear goals for addressing the needs of 
  9.17  children and youth and use outcome-based indicators to measure 
  9.18  progress toward achieving those goals; 
  9.19     (2) establish or have engaged in a comprehensive planning 
  9.20  process that involves all sectors of the community, identifies 
  9.21  local needs, and surveys existing local programs; and 
  9.22     (3) design or implement an integrated local community 
  9.23  program that coordinates services across agencies and is client 
  9.24  centered.  
  9.25     (b) The outcome-based indicators developed in paragraph 
  9.26  (a), clause (1), may include apprehensions of children, violent 
  9.27  crimes reported, and the rate of violent and injury-related 
  9.28  deaths.  
  9.29     Subd. 3.  [PROGRAM ELEMENTS.] A community applicant shall 
  9.30  design or implement a program that gives priority to: 
  9.31     (1) juvenile restitution; 
  9.32     (2) prearrest or pretrial diversion; 
  9.33     (3) probation innovation; 
  9.34     (4) teen courts; 
  9.35     (5) community service; 
  9.36     (6) truancy prevention; 
 10.1      (7) curfew enforcement; or 
 10.2      (8) postincarceration alternatives to assist youth in 
 10.3   returning to their communities. 
 10.4      Subd. 4.  [LOCAL PLANS.] Each community applicant shall 
 10.5   prepare a plan.  The plan shall describe how the community 
 10.6   applicant will carry out the duties required under this 
 10.7   section.  The plan shall include a list of the community 
 10.8   participants, a copy of the agreement required under subdivision 
 10.9   1, and methods for increasing local participation in the 
 10.10  program, involving parents and other community members in 
 10.11  implementing and operating the program.  The plan shall also 
 10.12  include specific goals that the community intends to achieve and 
 10.13  methods for objectively measuring progress toward meeting the 
 10.14  goals.  
 10.15     Subd. 5.  [PLAN APPROVAL BY CHILDREN'S CABINET.] (a) The 
 10.16  children's cabinet established under section 4.045 shall approve 
 10.17  local plans for community justice intervention programs.  In 
 10.18  approving local plans, the children's cabinet shall give highest 
 10.19  priority to a plan that provides:  
 10.20     (1) services for children under 14 years of age; 
 10.21     (2) participation by the maximum number of public and 
 10.22  private, local, county, and state funding sources; and 
 10.23     (3) clearly defined outcomes and valid methods of 
 10.24  assessment.  
 10.25     (b) The children's cabinet shall ensure that the programs 
 10.26  funded under this section do not conflict with any state or 
 10.27  federal policy or program and do not negatively impact future 
 10.28  state budgets.  
 10.29     Subd. 6.  [GRANTS.] The children's cabinet may make grants 
 10.30  to community applicants to fund criminal justice intervention 
 10.31  programs as described in subdivision 4.  The children's cabinet 
 10.32  shall develop a grant application form, inform criminal justice, 
 10.33  social service, and other groups described in subdivision 2, 
 10.34  paragraph (b), about the availability of grants, and set a date 
 10.35  by which applications must be received by the cabinet. 
 10.36     Subd. 7.  [FUNDS.] The amount of grant money available 
 11.1   shall be apportioned on a county population basis.  Funds not 
 11.2   applied for shall be reallocated to the applicants, for 
 11.3   technical amendments, or for evaluations at the commissioner of 
 11.4   corrections' discretion. 
 11.5      Subd. 8.  [RECEIPT OF FUNDS.] The commissioner may receive 
 11.6   and administer public and private funds for the purposes of this 
 11.7   section.  
 11.8      Sec. 2.  [299A.281] [SAFE HOUSE PROGRAM IN FERGUS FALLS.] 
 11.9      Notwithstanding section 299A.28, another similar safe house 
 11.10  program, primarily focusing on the safety and protection of 
 11.11  children, may be developed and operate in the city of Fergus 
 11.12  Falls if the program members have completed a criminal 
 11.13  background check satisfactory to the Fergus Falls police 
 11.14  department.  However, the commissioner of public safety is not 
 11.15  required to perform the duties listed under 299A.28, subdivision 
 11.16  2, with respect to the program in Fergus Falls and is not 
 11.17  accountable or liable for any act or failure to act by a member 
 11.18  of that program. 
 11.19     Sec. 3.  [299A.62] [COMMUNITY-ORIENTED POLICING (COPS) 
 11.20  GRANT PROGRAM.] 
 11.21     Subdivision 1.  [PROGRAM ESTABLISHED.] A community-oriented 
 11.22  policing grant program is established under the administration 
 11.23  of the commissioner of public safety.  Grants may be awarded as 
 11.24  provided in subdivision 2 for the following purposes:  
 11.25     (1) to enable local law enforcement agencies to hire law 
 11.26  enforcement officers.  The grants must be used by law 
 11.27  enforcement agencies to increase the complement of officers in 
 11.28  the agency by paying the salaries of new officers who replace an 
 11.29  existing officer who has been reassigned primarily to 
 11.30  investigate and prevent juvenile crime or to perform 
 11.31  community-oriented policing duties; 
 11.32     (2) to expand community policing efforts, including 
 11.33  neighborhood block clubs and innovative community-based crime 
 11.34  watch programs; and 
 11.35     (3) to enable local law enforcement agencies in the 
 11.36  seven-county metropolitan area to assign overtime officers to 
 12.1   high crime areas within their jurisdictions for the purpose of 
 12.2   vigorously enforcing curfew and truancy laws, initiating street 
 12.3   contacts, checking for outstanding warrants, generating 
 12.4   intelligence information on suspected drug dealers and gang 
 12.5   members, and arresting criminal law violators.  
 12.6      Subd. 2.  [AWARDING GRANTS.] Grants under this section 
 12.7   shall be awarded by a committee consisting of the commissioner, 
 12.8   the attorney general, and a representative from each of the 
 12.9   following groups:  the Minnesota chiefs of police association, 
 12.10  the Minnesota sheriffs association, and the Minnesota police and 
 12.11  peace officers association.  A grant under subdivision 1, clause 
 12.12  (1), may be awarded only to a law enforcement agency that 
 12.13  demonstrates in its application that it currently has a need for 
 12.14  an additional officer to be assigned to:  (i) community-oriented 
 12.15  policing duties; or (ii) the investigation and prevention of 
 12.16  juvenile crime, based on the juvenile crime rate in the area 
 12.17  over which the agency has jurisdiction.  More than one grant 
 12.18  under subdivision 1, clause (1), may be awarded to an agency; 
 12.19  however, each grant may fund only one position. 
 12.20     Subd. 3.  [AMOUNT OF GRANTS TO HIRE OFFICERS.] A grant 
 12.21  awarded under subdivision 1, clause (1), must reimburse up to 
 12.22  150 percent of the entry level salary and benefits of a law 
 12.23  enforcement officer, not to exceed $75,000.  However, the money 
 12.24  may not be used to pay for equipment or uniforms for the 
 12.25  officer.  The grant is intended to be used for the salary of the 
 12.26  officer over a three-year period. 
 12.27     Subd. 4.  [CONDITIONS OF GRANTS TO HIRE OFFICERS.] Grant 
 12.28  recipients who receive grants under subdivision 1, clause (1), 
 12.29  shall continue to employ a law enforcement officer hired with 
 12.30  money granted under this section for at least a three-year 
 12.31  period.  If for any reason during the three-year period the 
 12.32  employment relationship ends, the agency shall hire an 
 12.33  additional officer so that the total number of officers employed 
 12.34  by the agency does not change.  A law enforcement agency that 
 12.35  fails to comply with this subdivision shall reimburse the 
 12.36  commissioner as follows: 
 13.1      (1) if the failure occurs during the first year, the agency 
 13.2   shall reimburse the full amount of the grant; 
 13.3      (2) if the failure occurs during the second year, the 
 13.4   agency shall reimburse two-thirds of the grant; or 
 13.5      (3) if the failure occurs during the third year but prior 
 13.6   to the three-year anniversary of the officer's hiring, the 
 13.7   agency shall reimburse one-third of the grant. 
 13.8   The commissioner shall deposit the reimbursement in the state 
 13.9   treasury and credit it to the general fund. 
 13.10     Sec. 4.  Minnesota Statutes 1994, section 268.30, 
 13.11  subdivision 2, is amended to read: 
 13.12     Subd. 2.  [APPLICATIONS.] Applications for a grant-in-aid 
 13.13  shall be made by the administering agency to the commissioner.  
 13.14  The grant-in-aid is contingent upon the agency having obtained 
 13.15  from the community in which the youth intervention program is 
 13.16  established local matching money two times the amount of the 
 13.17  grant that is sought. 
 13.18     The commissioner shall provide by rule the application 
 13.19  form, procedures for making application form, criteria for 
 13.20  review of the application, and kinds of contributions in 
 13.21  addition to cash that qualify as local matching money.  No grant 
 13.22  to any agency shall may exceed $25,000 $50,000. 
 13.23     Sec. 5.  [WEED AND SEED GRANT PROGRAM.] 
 13.24     Subdivision 1.  [ESTABLISHMENT.] A grant program is 
 13.25  established under the administration of the commissioner of 
 13.26  public safety to assist local communities in their efforts to 
 13.27  eradicate violent crime, illegal drug activity, and illegal gang 
 13.28  activity in targeted neighborhoods, and to revitalize these 
 13.29  targeted neighborhoods economically and physically. 
 13.30     Subd. 2.  [WEED AND SEED COORDINATING COMMITTEE.] The weed 
 13.31  and seed coordinating committee consists of the attorney 
 13.32  general, the commissioner of public safety, and a representative 
 13.33  from each of the following groups:  the Minnesota chiefs of 
 13.34  police association, the Minnesota sheriffs association, and the 
 13.35  Minnesota police and peace officers association.  The 
 13.36  coordinating committee is responsible for receiving applications 
 14.1   for grants and awarding grants under this section.  The 
 14.2   commissioner of public safety shall act as the fiscal agent for 
 14.3   the grant program. 
 14.4      Subd. 3.  [GRANT PROCESS.] A law enforcement agency may 
 14.5   apply for a grant under this section by submitting an 
 14.6   application to the coordinating committee on a form prescribed 
 14.7   by the weed and seed coordinating committee.  The application 
 14.8   shall: 
 14.9      (1) identify the target neighborhood or neighborhoods 
 14.10  within the city that have been proposed by the city's police 
 14.11  chief as a weed and seed site; 
 14.12     (2) describe the problems to be corrected within the 
 14.13  targeted neighborhoods and the strengths that make the targeted 
 14.14  neighborhoods suitable candidates for weed and seed funding; and 
 14.15     (3) contain the city's plan for use of the grant funds.  
 14.16  This plan must be prepared in conjunction with members of the 
 14.17  targeted neighborhoods, must describe the specific law 
 14.18  enforcement, community policing, prevention, intervention, 
 14.19  treatment, and neighborhood revitalization activities that the 
 14.20  city intends to undertake, and must include a reporting and 
 14.21  evaluation component.  
 14.22     Subd. 4.  [PURPOSES OF GRANTS.] Grants awarded under this 
 14.23  section may be used for programs that assist: 
 14.24     (1) in revitalizing targeted neighborhoods economically and 
 14.25  physically; 
 14.26     (2) in establishing other community-based crime prevention 
 14.27  programs that are innovative and encourage substantial 
 14.28  involvement by members of the community served by the program; 
 14.29     (3) law enforcement agencies in efforts to eradicate 
 14.30  violent crime and illegal drug activity and to target and 
 14.31  apprehend criminals in targeted neighborhoods; and 
 14.32     (4) in establishing community-based programs designed to 
 14.33  intervene with juvenile offenders who are identified as likely 
 14.34  to engage in repeated criminal activity in the future unless 
 14.35  intervention is undertaken. 
 14.36     Subd. 5.  [ATTORNEY GENERAL DUTIES.] (a) At the request of 
 15.1   the local prosecuting authority, the attorney general may assist 
 15.2   cities and local law enforcement officials in developing and 
 15.3   implementing anticrime and neighborhood revitalization 
 15.4   strategies and may assist local prosecutors in prosecuting 
 15.5   crimes occurring in the targeted neighborhoods that receive 
 15.6   funding under this section.  Upon request of the local 
 15.7   prosecuting authority, the attorney general may appear in court 
 15.8   in those civil and criminal cases arising out of targeted 
 15.9   neighborhoods that the attorney general deems appropriate.  In 
 15.10  addition, for the purposes of this section, the attorney general 
 15.11  may appear in court in cases involving nuisances under Minnesota 
 15.12  Statutes, chapter 617, and misdemeanors under Minnesota 
 15.13  Statutes, chapter 609.  
 15.14     (b) The attorney general shall develop appropriate grant 
 15.15  applications to the United States Department of Justice for 
 15.16  federal weed and seed grants for use in conjunction with grants 
 15.17  awarded under this section.  
 15.18     Sec. 6.  [INTENSIVE JUVENILE MONITORING PILOT PROGRAM.] 
 15.19     (a) The commissioner of corrections shall establish at 
 15.20  least four two-year pilot programs to provide intensive 
 15.21  monitoring in the community for juveniles who have committed or 
 15.22  are at risk to commit status offenses or delinquent acts.  A 
 15.23  juvenile need not be adjudicated for an offense to be eligible 
 15.24  for the program.  The pilot programs shall employ qualified 
 15.25  college and graduate students who are majoring in relevant 
 15.26  disciplines to supervise and monitor juveniles referred to or 
 15.27  placed in the program by peace officers, juvenile courts, and 
 15.28  juvenile probation officers. 
 15.29     (b) The commissioner shall collaborate with appropriate 
 15.30  faculty members and administrators at the University of 
 15.31  Minnesota, the state universities, and private colleges and 
 15.32  universities to establish general eligibility criteria for 
 15.33  college and graduate students to participate in the program and 
 15.34  to specify the various ways by which students will be 
 15.35  compensated for their participation including, but not limited 
 15.36  to, monetary compensation and academic credits. 
 16.1      (c) The commissioner also shall collaborate with higher 
 16.2   education experts, community corrections agencies, law 
 16.3   enforcement agencies, and juvenile court judges to: 
 16.4      (1) establish general eligibility criteria for juveniles to 
 16.5   be referred to or placed in the program; 
 16.6      (2) establish maximum caseloads for students, based on 
 16.7   their experience and knowledge and on the characteristics of the 
 16.8   juveniles to be supervised; 
 16.9      (3) specify the types of supervision and monitoring the 
 16.10  college and graduate students will be expected to provide to the 
 16.11  juveniles; 
 16.12     (4) specify the manner in which the students' work will be 
 16.13  monitored and evaluated by relevant criminal justice and higher 
 16.14  education professionals; and 
 16.15     (5) establish neighborhood, community, and family measures 
 16.16  of success of the programs. 
 16.17     (d) At the end of the pilot programs, the commissioner of 
 16.18  corrections shall report on the achievement of the outcomes 
 16.19  established in paragraph (c), and on other findings and 
 16.20  recommendations to the chairs of the house and senate committees 
 16.21  with jurisdiction over criminal justice and higher education 
 16.22  issues. 
 16.23     Sec. 7.  [PILOT PROJECT FOR FAMILY GROUP CONFERENCING IN 
 16.24  DAKOTA COUNTY.] 
 16.25     Subdivision 1.  [PILOT PROJECT ESTABLISHED.] By July 1, 
 16.26  1996, the commissioner of corrections shall establish a pilot 
 16.27  project in Dakota county to provide assistance to counties, 
 16.28  school districts, and cities in establishing family group 
 16.29  conferencing programs.  The pilot project must be administered 
 16.30  by a coordinator responsible for supervising and implementing 
 16.31  the project.  The coordinator shall cooperate with and provide 
 16.32  necessary assistance and training to county attorneys, local law 
 16.33  enforcement agencies, school districts, and community groups in 
 16.34  establishing family group conferencing programs under 
 16.35  subdivision 2. 
 16.36     Subd. 2.  [FAMILY GROUP CONFERENCING PROGRAMS.] A county 
 17.1   attorney, school district, or city in Dakota county, in 
 17.2   consultation with the coordinator and local law enforcement 
 17.3   agencies, may establish a family group conferencing program.  
 17.4   The program may provide forums where, as an alternative to 
 17.5   prosecution, certain individuals accused of having committed 
 17.6   crimes meet with the victim or victims of the alleged crime; 
 17.7   family members of the victim or victims, if appropriate; family 
 17.8   members of the offender, if appropriate; a law enforcement 
 17.9   official or prosecutor; and members of the community.  An 
 17.10  individual properly trained in moderating a family group 
 17.11  conference shall act as moderator of the conference.  The 
 17.12  conference must focus on the impact of the offense on the victim 
 17.13  and the community and assign an appropriate sanction to the 
 17.14  offender.  An appropriate sanction may include reparation to the 
 17.15  victim or community, specified community service, or other 
 17.16  sanction agreed upon during the conference. 
 17.17     Subd. 3.  [CONFERENCE PARAMETERS.] A county or city 
 17.18  attorney, in consultation with the coordinator and local law 
 17.19  enforcement agencies, shall establish parameters for the 
 17.20  conferences.  The parameters must specify the types of offenders 
 17.21  and offenses eligible for the conferences and the nature and 
 17.22  goals of the conferences.  Only certain offenders deemed 
 17.23  appropriate by the county attorney are eligible for the 
 17.24  conferences.  Decisions on eligibility shall be based on the 
 17.25  criminal history of the offender, the nature of the offense, the 
 17.26  danger posed by the offender to the victim and the community, 
 17.27  and the best interests of the victim and community.  
 17.28  Participation in the conference is voluntary, no offender or 
 17.29  victim may be required to participate in a conference.  A 
 17.30  decision to prosecute an offender who has refused to participate 
 17.31  in a conference may not be considered in determining the 
 17.32  voluntariness of an offender's decision to participate. 
 17.33     A prosecutor who offers an offender the opportunity to 
 17.34  participate in a conference retains the authority to prosecute 
 17.35  the offender if the offender refuses to participate in the 
 17.36  conference, chooses not to complete the conference, or fails to 
 18.1   comply with sanctions imposed at the conference.  
 18.2      Subd. 4.  [GRANTS AUTHORIZED.] The commissioner of 
 18.3   corrections, in consultation with the coordinator, may award 
 18.4   grants to aid in the establishment and implementation of family 
 18.5   group conferencing programs in Dakota county.  The commissioner 
 18.6   shall establish the criteria and procedure for the grants and 
 18.7   shall require that any entity awarded a grant to establish a 
 18.8   program have clearly established neighborhood, community, and 
 18.9   family measures of success of the program and report to the 
 18.10  commissioner on the achievement of these outcomes on or before 
 18.11  December 31, 1998. 
 18.12     Subd. 5.  [REPORT REQUIRED.] By January 15, 1999, the 
 18.13  commissioner of corrections shall report to the chairs of the 
 18.14  senate and house of representatives committees having 
 18.15  jurisdiction over criminal justice policy on the effectiveness 
 18.16  of the pilot project and any family group conferencing programs 
 18.17  created under this section and the awarding of grants, if any, 
 18.18  under subdivision 4. 
 18.19     Sec. 8.  [ADVERTISING CAMPAIGN.] 
 18.20     The commissioner of public safety is authorized to contract 
 18.21  with an advertising firm for a public advertising campaign 
 18.22  designed to reduce violence and counteract the effect of 
 18.23  violence in the media.  The contracts for advertising must 
 18.24  include provisions for evaluating the effectiveness of the 
 18.25  campaign. 
 18.26                             ARTICLE 3
 18.27                      GENERAL CRIME PROVISIONS
 18.28     Section 1.  Minnesota Statutes 1994, section 169.791, 
 18.29  subdivision 2a, is amended to read: 
 18.30     Subd. 2a.  [LATER PRODUCTION OF PROOF BY DRIVER WHO IS 
 18.31  OWNER.] A driver who is the owner of the vehicle may, within ten 
 18.32  days after the demand no later than the date and time specified 
 18.33  in the citation for the driver's first court appearance, produce 
 18.34  proof of insurance stating that security had been provided for 
 18.35  the vehicle that was being operated at the time of the demand to 
 18.36  the court administrator.  The required proof of insurance may be 
 19.1   sent by mail by the driver as long as it is received within ten 
 19.2   days no later than the date and time specified in the citation 
 19.3   for the driver's first court appearance.  If a citation is 
 19.4   issued, no person shall be convicted of violating this section 
 19.5   if the court administrator receives the required proof of 
 19.6   insurance within ten days of the issuance of the citation no 
 19.7   later than the date and time specified in the citation for the 
 19.8   driver's first court appearance.  If the charge is made other 
 19.9   than by citation, no person shall be convicted of violating this 
 19.10  section if the person presents the required proof of insurance 
 19.11  at the person's first court appearance after the charge is made. 
 19.12     Sec. 2.  Minnesota Statutes 1994, section 169.791, 
 19.13  subdivision 3, is amended to read: 
 19.14     Subd. 3.  [LATER PRODUCTION OF INFORMATION BY DRIVER WHO IS 
 19.15  NOT OWNER.] If the driver is not the owner of the vehicle, the 
 19.16  driver shall, within ten days of the officer's demand no later 
 19.17  than the date and time specified in the citation for the 
 19.18  driver's first court appearance, provide the district court 
 19.19  administrator with proof of insurance or the name and address of 
 19.20  the owner.  Upon receipt of the name and address of the owner, 
 19.21  the district court administrator shall communicate the 
 19.22  information to the law enforcement agency. 
 19.23     Sec. 3.  Minnesota Statutes 1994, section 169.791, 
 19.24  subdivision 4, is amended to read: 
 19.25     Subd. 4.  [REQUIREMENT FOR OWNER WHO IS NOT DRIVER.] If the 
 19.26  driver is not the owner of the vehicle, the officer may send or 
 19.27  provide a notice to the owner of the vehicle requiring the owner 
 19.28  to produce proof of insurance for the vehicle that was being 
 19.29  operated at the time of the demand.  Notice by mail is presumed 
 19.30  to be received five days after mailing and shall be sent to the 
 19.31  owner's current address or the address listed on the owner's 
 19.32  driver's license.  Within ten days after receipt of the notice, 
 19.33  the owner shall produce the required proof of insurance to the 
 19.34  place stated in the notice received by the owner.  The required 
 19.35  proof of insurance may be sent by mail by the owner as long as 
 19.36  it is received within ten days.  Any owner who fails to produce 
 20.1   proof of insurance within ten days of an officer's request under 
 20.2   this subdivision is guilty of a misdemeanor.  The peace officer 
 20.3   may mail the citation to the owner's current address or address 
 20.4   stated on the owner's driver's license.  It is an affirmative 
 20.5   defense to a charge against the owner that the driver used the 
 20.6   owner's vehicle without consent, if insurance would not have 
 20.7   been required in the absence of the unauthorized use by the 
 20.8   driver.  It is not a defense that a person failed to notify the 
 20.9   department of public safety of a change of name or address as 
 20.10  required under section 171.11.  The citation may be sent after 
 20.11  the ten-day period. 
 20.12     Sec. 4.  Minnesota Statutes 1994, section 169.792, 
 20.13  subdivision 1, is amended to read: 
 20.14     Subdivision 1.  [IMPLIED CONSENT.] Any driver or owner of a 
 20.15  vehicle consents, subject to the provisions of this section and 
 20.16  section 169.791, to the requirement of having possession of 
 20.17  proof of insurance, and to the revocation of the person's 
 20.18  license if the driver or owner does not produce the required 
 20.19  proof of insurance within ten days of an officer's demand no 
 20.20  later than the date and time specified in the citation for the 
 20.21  driver's first court appearance, if a citation is issued, or 
 20.22  within ten days of receipt of a written notice, if a written 
 20.23  notice is sent or given.  Any driver of a vehicle who is not the 
 20.24  owner of the vehicle consents, subject to the provisions of this 
 20.25  section and section 169.791, to providing to the officer the 
 20.26  name and address of the owner of the vehicle. 
 20.27     Sec. 5.  Minnesota Statutes 1994, section 169.792, 
 20.28  subdivision 2, is amended to read: 
 20.29     Subd. 2.  [REQUIREMENT FOR DRIVER WHETHER OR NOT OWNER.] 
 20.30  Except as provided in subdivision 3, every driver of a vehicle 
 20.31  shall, within ten days after upon the demand of a peace officer, 
 20.32  produce proof of insurance in force for the vehicle that was 
 20.33  being operated at the time of the demand, to the district court 
 20.34  administrator no later than the date and time specified in the 
 20.35  citation for the driver's first court appearance.  The required 
 20.36  proof of insurance may be sent by the driver by mail as long as 
 21.1   it is received within ten days no later than the date and time 
 21.2   specified in the citation for the driver's first court 
 21.3   appearance.  A driver who is not the owner does not violate this 
 21.4   section unless the driver knew or had reason to know that the 
 21.5   owner did not have proof of insurance required by this section, 
 21.6   provided that the driver provides the officer with the owner's 
 21.7   name and address at the time of the demand or complies with 
 21.8   subdivision 3. 
 21.9      Sec. 6.  Minnesota Statutes 1994, section 169.792, 
 21.10  subdivision 3, is amended to read: 
 21.11     Subd. 3.  [REQUIREMENT FOR DRIVER WHO IS NOT OWNER.] If the 
 21.12  driver is not the owner of the vehicle, then the driver shall 
 21.13  provide the officer with the name and address of the owner at 
 21.14  the time of the demand or shall within ten days of the officer's 
 21.15  demand, no later than the date and time specified in the 
 21.16  citation for the driver's first court appearance, provide the 
 21.17  district court administrator with proof of insurance or the name 
 21.18  and address of the owner.  Upon receipt of the owner's name and 
 21.19  address, the district court administrator shall forward the 
 21.20  information to the law enforcement agency.  If the name and 
 21.21  address received from the driver do not match information 
 21.22  available to the district court administrator, the district 
 21.23  court administrator shall notify the law enforcement agency of 
 21.24  the discrepancy.  
 21.25     Sec. 7.  Minnesota Statutes 1994, section 169.792, 
 21.26  subdivision 5, is amended to read: 
 21.27     Subd. 5.  [WRITTEN NOTICE.] (a) When proof of insurance is 
 21.28  demanded and none is in possession, the law enforcement agency 
 21.29  may send or give the driver written notice as provided herein in 
 21.30  this subdivision, unless the officer issues a citation to the 
 21.31  driver under section 169.791 or 169.797.  If the driver is not 
 21.32  the owner and does not produce the required proof of insurance 
 21.33  within ten days of the demand, the law enforcement agency may 
 21.34  send or give written notice to the owner of the vehicle.  
 21.35     (b) Within ten days after receipt of the notice, if given, 
 21.36  the driver or owner shall produce the required proof of 
 22.1   insurance to the place stated in the notice.  Notice to the 
 22.2   driver or owner by mail is presumed to be received within five 
 22.3   days after mailing.  It is not a defense that a person failed to 
 22.4   notify the department of public safety of a change of name or 
 22.5   address as required under section 171.11. 
 22.6      (c) The department of public safety shall prescribe a form 
 22.7   setting forth the written notice to be provided to the driver or 
 22.8   owner.  The department shall, upon request, provide a sample of 
 22.9   the form to any law enforcement agency.  The notice shall 
 22.10  provide that the driver or owner must produce the proof of 
 22.11  insurance to the law enforcement agency, at the place specified 
 22.12  in the notice.  The notice shall also state: 
 22.13     (1) that Minnesota law requires every driver and owner to 
 22.14  produce an insurance identification card, insurance policy, or 
 22.15  written statement indicating that the vehicle had insurance at 
 22.16  the time of an officer's demand within ten days of the demand, 
 22.17  no later than the date and time specified in the citation for 
 22.18  the driver's first court appearance, if a citation is issued, or 
 22.19  within ten days of receipt of the written notice if a written 
 22.20  notice is sent or given, provided, however, that a driver who 
 22.21  does not own the vehicle shall provide the name and address of 
 22.22  the owner; 
 22.23     (2) that if the driver fails to produce the information 
 22.24  within ten days from the date of demand the required time or if 
 22.25  the owner fails to produce the information within ten days of 
 22.26  receipt of the notice from the peace officer, the commissioner 
 22.27  of public safety shall revoke the person's driver's license or 
 22.28  permit to drive for a minimum of 30 days, and shall revoke the 
 22.29  registration of the vehicle; 
 22.30     (3) that any person who displays or causes another to 
 22.31  display an insurance identification card, insurance policy, or 
 22.32  written statement, knowing that the insurance is not in force, 
 22.33  is guilty of a misdemeanor; and 
 22.34     (4) that any person who alters or makes a fictitious 
 22.35  identification card, insurance policy, or written statement, or 
 22.36  knowingly displays an altered or fictitious identification card, 
 23.1   insurance policy, or written statement, is guilty of a 
 23.2   misdemeanor. 
 23.3      Sec. 8.  Minnesota Statutes 1994, section 169.792, 
 23.4   subdivision 6, is amended to read: 
 23.5      Subd. 6.  [REPORT TO COMMISSIONER OF PUBLIC SAFETY.] If a 
 23.6   driver fails to produce the required proof of insurance or name 
 23.7   and address of the owner within ten days of the demand no later 
 23.8   than the date and time specified in the citation for the 
 23.9   driver's first court appearance, the district court 
 23.10  administrator shall report the failure to the commissioner.  If 
 23.11  an owner who is not the driver fails to produce the required 
 23.12  proof of insurance, or if a driver to whom a citation has not 
 23.13  been issued does not provide proof of insurance or the owner's 
 23.14  name and address, within ten days of receipt of the notice, the 
 23.15  law enforcement agency shall report the failure to the 
 23.16  commissioner.  Failure to produce proof of insurance or the 
 23.17  owner's name and address as required by this section must be 
 23.18  reported to the commissioner promptly regardless of the status 
 23.19  or disposition of any related criminal charges. 
 23.20     Sec. 9.  [171.174] [SUSPENSION; FLEEING PEACE OFFICER IN 
 23.21  MOTOR VEHICLE.] 
 23.22     The commissioner of public safety shall suspend the 
 23.23  driver's license of a person charged with fleeing a peace 
 23.24  officer under section 609.487 if the court has notified the 
 23.25  commissioner under subdivision 5 of that section.  The 
 23.26  suspension shall continue until the charge is adjudicated.  A 
 23.27  limited license under section 171.30 may be issued only upon 
 23.28  recommendation of the court.  
 23.29     Sec. 10.  [171.175] [REVOCATION; FLEEING PEACE OFFICER 
 23.30  OFFENSE.] 
 23.31     The commissioner of public safety shall revoke the driver's 
 23.32  license of a person upon receipt of a certificate of conviction 
 23.33  showing that the person has in a motor vehicle violated section 
 23.34  609.487, subdivision 3 or 4, or an ordinance in conformity with 
 23.35  those subdivisions.  The commissioner shall revoke the driver's 
 23.36  license as follows: 
 24.1      (1) for the first offense under section 609.487, 
 24.2   subdivision 3, for not less than one year; 
 24.3      (2) for the second offense or subsequent offenses under 
 24.4   section 609.487, subdivision 3, for not less than three years; 
 24.5      (3) for an offense under section 609.487, subdivision 4, 
 24.6   clause (a), for not less than ten years; 
 24.7      (4) for an offense under section 609.487, subdivision 4, 
 24.8   clause (b), for not less than seven years; and 
 24.9      (5) for an offense under section 609.487, subdivision 4, 
 24.10  clause (c), for not less than five years. 
 24.11     A limited license under section 171.30 may not be issued 
 24.12  for one-half of the revocation period specified in clauses (1) 
 24.13  to (5) and after that period is over only upon and as 
 24.14  recommended by the adjudicating court. 
 24.15     Sec. 11.  Minnesota Statutes 1994, section 244.09, 
 24.16  subdivision 5, is amended to read: 
 24.17     Subd. 5.  The commission shall, on or before January 1, 
 24.18  1980, promulgate sentencing guidelines for the district court.  
 24.19  The guidelines shall be based on reasonable offense and offender 
 24.20  characteristics.  The guidelines promulgated by the commission 
 24.21  shall be advisory to the district court and shall establish: 
 24.22     (1) The circumstances under which imprisonment of an 
 24.23  offender is proper; and 
 24.24     (2) A presumptive, fixed sentence for offenders for whom 
 24.25  imprisonment is proper, based on each appropriate combination of 
 24.26  reasonable offense and offender characteristics.  The guidelines 
 24.27  may provide for an increase or decrease of up to 15 percent in 
 24.28  the presumptive, fixed sentence. 
 24.29     The sentencing guidelines promulgated by the commission may 
 24.30  also establish appropriate sanctions for offenders for whom 
 24.31  imprisonment is not proper.  Any guidelines promulgated by the 
 24.32  commission establishing sanctions for offenders for whom 
 24.33  imprisonment is not proper shall make specific reference to 
 24.34  noninstitutional sanctions, including but not limited to the 
 24.35  following:  payment of fines, day fines, restitution, community 
 24.36  work orders, work release programs in local facilities, 
 25.1   community based residential and nonresidential programs, 
 25.2   incarceration in a local correctional facility, and probation 
 25.3   and the conditions thereof. 
 25.4      In establishing and modifying the sentencing guidelines, 
 25.5   the primary consideration of the commission shall be public 
 25.6   safety.  The commission shall also consider current sentencing 
 25.7   and release practices and; correctional resources, including but 
 25.8   not limited to the capacities of local and state correctional 
 25.9   facilities; and the adverse social and economic impacts that the 
 25.10  offense and the fear of future offenses have or may have on the 
 25.11  community in which the offense occurs. 
 25.12     The provisions of sections 14.001 to 14.69 do not apply to 
 25.13  the promulgation of the sentencing guidelines, and the 
 25.14  sentencing guidelines, including severity levels and criminal 
 25.15  history scores, are not subject to review by the legislative 
 25.16  commission to review administrative rules.  However, on or 
 25.17  before January 1, 1986, the commission shall adopt rules 
 25.18  pursuant to sections 14.001 to 14.69 which establish procedures 
 25.19  for the promulgation of the sentencing guidelines, including 
 25.20  procedures for the promulgation of severity levels and criminal 
 25.21  history scores, and these rules shall be subject to review by 
 25.22  the legislative commission to review administrative rules. 
 25.23     Sec. 12.  Minnesota Statutes 1995 Supplement, section 
 25.24  256.98, subdivision 1, is amended to read: 
 25.25     Subdivision 1.  [WRONGFULLY OBTAINING ASSISTANCE.] A person 
 25.26  who commits any of the following acts or omissions is guilty of 
 25.27  theft and shall be sentenced pursuant to section 609.52, 
 25.28  subdivision 3, clauses (1), (2), (3), and (5): 
 25.29     (1) obtains, or attempts to obtain, or aids or abets any 
 25.30  person to obtain by means of a willfully false statement or 
 25.31  representation, by intentional concealment of a material fact, 
 25.32  or by impersonation or other fraudulent device, assistance or 
 25.33  the continued receipt of assistance to which the person is not 
 25.34  entitled or assistance greater than that to which the person is 
 25.35  entitled, or who; 
 25.36     (2) knowingly aids or abets in buying or in any way 
 26.1   disposing of the property of a recipient or applicant of 
 26.2   assistance without the consent of the county agency with intent 
 26.3   to defeat the purposes of sections 256.12, 256.031 to 256.0361, 
 26.4   256.72 to 256.871, and chapter 256B, or all of these sections is 
 26.5   guilty of theft and shall be sentenced pursuant to section 
 26.6   609.52, subdivision 3, clauses (2), (3)(a) and (c), (4), and 
 26.7   (5).; or 
 26.8      (3) knowingly fails to report a change or anticipated 
 26.9   change in circumstances as required by Minnesota Rules, part 
 26.10  9500.2700, subpart 7, and continues to receive assistance to 
 26.11  which the person is not entitled or assistance greater than that 
 26.12  to which the person is entitled.  
 26.13     The continued receipt of assistance to which the person is 
 26.14  not entitled or greater than that to which the person is 
 26.15  entitled as a result of any of the acts described in this 
 26.16  subdivision shall be deemed to be continuing offenses from the 
 26.17  date that the first act or failure to act occurred. 
 26.18     Sec. 13.  Minnesota Statutes 1995 Supplement, section 
 26.19  609.20, is amended to read: 
 26.20     609.20 [MANSLAUGHTER IN THE FIRST DEGREE.] 
 26.21     Whoever does any of the following is guilty of manslaughter 
 26.22  in the first degree and may be sentenced to imprisonment for not 
 26.23  more than 15 years or to payment of a fine of not more than 
 26.24  $30,000, or both: 
 26.25     (1) intentionally causes the death of another person in the 
 26.26  heat of passion provoked by such words or acts of another as 
 26.27  would provoke a person of ordinary self-control under like 
 26.28  circumstances, provided that the crying of a child does not 
 26.29  constitute provocation; 
 26.30     (2) violates section 609.224 and causes the death of 
 26.31  another or causes the death of another in committing or 
 26.32  attempting to commit a misdemeanor or gross misdemeanor offense 
 26.33  with such force and violence that death of or great bodily harm 
 26.34  to any person was reasonably foreseeable, and murder in the 
 26.35  first or second degree was not committed thereby; 
 26.36     (3) intentionally causes the death of another person 
 27.1   because the actor is coerced by threats made by someone other 
 27.2   than the actor's coconspirator and which cause the actor 
 27.3   reasonably to believe that the act performed by the actor is the 
 27.4   only means of preventing imminent death to the actor or another; 
 27.5      (4) proximately causes the death of another, without intent 
 27.6   to cause death by, directly or indirectly, unlawfully selling, 
 27.7   giving away, bartering, delivering, exchanging, distributing, or 
 27.8   administering a controlled substance classified in schedule III, 
 27.9   IV, or V; or 
 27.10     (5) causes the death of another in committing or attempting 
 27.11  to commit a violation of section 609.377 (malicious punishment 
 27.12  of a child), and murder in the first, second, or third degree is 
 27.13  not committed thereby. 
 27.14     As used in this section, a "person of ordinary self-control"
 27.15  does not include a person under the influence of intoxicants or 
 27.16  a controlled substance. 
 27.17     Sec. 14.  Minnesota Statutes 1994, section 609.2231, 
 27.18  subdivision 2, is amended to read: 
 27.19     Subd. 2.  [FIREFIGHTERS AND EMERGENCY MEDICAL PERSONNEL.] 
 27.20  Whoever assaults any of the following persons and inflicts 
 27.21  demonstrable bodily harm is guilty of a gross misdemeanor felony 
 27.22  and may be sentenced to imprisonment for not more than two years 
 27.23  or to payment of a fine of not more than $4,000, or both:  
 27.24     (1) a member of a municipal or volunteer fire department or 
 27.25  emergency medical services personnel unit in the performance of 
 27.26  the member's duties; or 
 27.27     (2) a physician, nurse, or other person providing health 
 27.28  care services in a hospital emergency department; or 
 27.29     (3) an employee of the department of natural resources who 
 27.30  is engaged in forest fire activities. 
 27.31     Sec. 15.  Minnesota Statutes 1994, section 609.2231, is 
 27.32  amended by adding a subdivision to read: 
 27.33     Subd. 2a.  [CERTAIN DEPARTMENT OF NATURAL RESOURCES 
 27.34  EMPLOYEES.] Whoever assaults and inflicts demonstrable bodily 
 27.35  harm on an employee of the department of natural resources who 
 27.36  is engaged in forest fire activities is guilty of a gross 
 28.1   misdemeanor. 
 28.2      Sec. 16.  [609.2243] [SENTENCING; REPEAT DOMESTIC ASSAULT.] 
 28.3      Subdivision 1.  [GROSS MISDEMEANOR.] A person convicted of 
 28.4   gross misdemeanor domestic assault under section 609.2242, 
 28.5   subdivision 2, shall be sentenced to a minimum of 20 days 
 28.6   imprisonment, at least 96 hours of which must be served 
 28.7   consecutively.  The court may stay execution of the minimum 
 28.8   sentence required under this subdivision on the condition that 
 28.9   the person sentenced complete anger therapy or counseling and 
 28.10  fulfill any other condition, as ordered by the court; provided, 
 28.11  however, that the court shall revoke the stay of execution and 
 28.12  direct the person to be taken into immediate custody if it 
 28.13  appears that the person failed to attend or complete the ordered 
 28.14  therapy or counseling, or violated any other condition of the 
 28.15  stay of execution.  If the court finds at the revocation hearing 
 28.16  required under section 609.14, subdivision 2, that the person 
 28.17  failed to attend or complete the ordered therapy, or violated 
 28.18  any other condition of the stay of execution, the court shall 
 28.19  order execution of the sentence previously imposed. 
 28.20     Subd. 2.  [FELONY.] (a) Except as otherwise provided in 
 28.21  paragraph (b), in determining an appropriate disposition for 
 28.22  felony domestic assault under section 609.2242, subdivision 4, 
 28.23  the court shall presume that a stay of execution with at least a 
 28.24  45-day period of incarceration as a condition of probation shall 
 28.25  be imposed.  If the court imposes a stay of execution with a 
 28.26  period of incarceration as a condition of probation, at least 15 
 28.27  days must be served consecutively. 
 28.28     (b) If the defendant's criminal history score, determined 
 28.29  according to the sentencing guidelines, indicates a presumptive 
 28.30  executed sentence, that sentence shall be imposed unless the 
 28.31  court departs from the sentencing guidelines pursuant to section 
 28.32  244.10.  A stay of imposition of sentence under this paragraph 
 28.33  may be granted only if accompanied by a statement on the record 
 28.34  of the reasons for it. 
 28.35     Sec. 17.  [609.2244] [DOMESTIC ABUSE ASSESSMENTS.] 
 28.36     Subdivision 1.  [DOMESTIC ABUSE ASSESSMENT.] A domestic 
 29.1   abuse assessment must be conducted and an assessment report 
 29.2   submitted to the court by the county agency responsible for 
 29.3   administering the assessment when: 
 29.4      (1) a defendant is convicted of an offense described in 
 29.5   section 518B.01, subdivision 2; or 
 29.6      (2) a defendant is arrested for committing an offense 
 29.7   described in section 518B.01, subdivision 2, but is convicted of 
 29.8   another offense arising out of the same circumstances 
 29.9   surrounding the arrest. 
 29.10     Subd. 2.  [REPORT.] (a) The assessment report must contain 
 29.11  an evaluation of the convicted defendant including the 
 29.12  circumstances of the offense, impact on the victim, the 
 29.13  defendant's prior record, characteristics and history of alcohol 
 29.14  and chemical use problems, and amenability to domestic abuse 
 29.15  counseling programs.  The report is classified as private data 
 29.16  on individuals as defined in section 13.02, subdivision 12. 
 29.17     (b) The assessment report must include: 
 29.18     (1) a recommendation on any limitations on contact with the 
 29.19  victim; 
 29.20     (2) a recommendation for the defendant to enter and 
 29.21  successfully complete domestic abuse counseling and any 
 29.22  aftercare found necessary by the assessment; 
 29.23     (3) a recommendation for chemical dependency evaluation and 
 29.24  treatment as determined by the evaluation whenever alcohol or 
 29.25  drugs were found to be a contributing factor to the offense; 
 29.26     (4) recommendations for other appropriate remedial action 
 29.27  or care, which may consist of educational programs, one-on-one 
 29.28  counseling, a program or type of treatment that addresses mental 
 29.29  health concerns, or a specific explanation why no level of care 
 29.30  or action is recommended; and 
 29.31     (5) consequences for failure to abide by conditions set up 
 29.32  by the court. 
 29.33     Subd. 3.  [ASSESSOR STANDARDS; RULES; ASSESSMENT TIME 
 29.34  LIMITS.] A domestic abuse assessment required by this section 
 29.35  must be conducted by an assessor approved by the court, the 
 29.36  local corrections department, or the commissioner of 
 30.1   corrections.  The assessor shall have access to any police 
 30.2   reports, or other law enforcement data relating to the current 
 30.3   offense or previous offenses that are necessary to complete the 
 30.4   evaluation.  An assessor providing an assessment under this 
 30.5   section may not have any direct or shared financial interest or 
 30.6   referral relationship resulting in shared financial gain with a 
 30.7   treatment provider.  An appointment for the defendant to undergo 
 30.8   the assessment shall be made by the court, a court services 
 30.9   probation officer, or court administrator as soon as possible 
 30.10  but in no case more than one week after the defendant's court 
 30.11  appearance.  The assessment must be completed no later than 
 30.12  three weeks after the defendant's court date. 
 30.13     Subd. 4.  [DOMESTIC ABUSE ASSESSMENT FEE.] When the court 
 30.14  sentences a person convicted of an offense described in section 
 30.15  518B.01, subdivision 2, the court shall impose a domestic abuse 
 30.16  assessment fee of $125.  This fee must be imposed whether the 
 30.17  sentence is executed, stayed, or suspended.  The court may not 
 30.18  waive payment or authorize payment of the fee in installments 
 30.19  unless it makes written findings on the record that the 
 30.20  convicted person is indigent or that the fee would create undue 
 30.21  hardship for the convicted person or that person's immediate 
 30.22  family.  The person convicted of the offense and ordered to pay 
 30.23  the fee shall pay the fee to the county corrections department 
 30.24  or other designated agencies conducting the assessment. 
 30.25     Sec. 18.  [609.2246] [TATTOOS; MINORS.] 
 30.26     Subdivision 1.  [REQUIREMENTS.] No person under the age of 
 30.27  16 may receive a tattoo.  A person age 16 or 17 may receive a 
 30.28  tattoo if the person provides written parental consent.  The 
 30.29  consent must include both the custodial and noncustodial parent, 
 30.30  where applicable. 
 30.31     Subd. 2.  [DEFINITION.] For the purposes of this section, 
 30.32  "tattoo" means an indelible mark or figure fixed on the body by 
 30.33  insertion of pigment under the skin or by production of scars. 
 30.34     Subd. 3.  [PENALTY.] A person who provides a tattoo to a 
 30.35  minor in violation of this section is guilty of a misdemeanor. 
 30.36     Sec. 19.  Minnesota Statutes 1995 Supplement, section 
 31.1   609.3451, subdivision 1, is amended to read: 
 31.2      Subdivision 1.  [CRIME DEFINED.] A person is guilty of 
 31.3   criminal sexual conduct in the fifth degree: 
 31.4      (1) if the person engages in nonconsensual sexual contact; 
 31.5   or 
 31.6      (2) the person engages in masturbation or lewd exhibition 
 31.7   of the genitals in the presence of a minor under the age of 16, 
 31.8   knowing or having reason to know the minor is present.  
 31.9      For purposes of this section, "sexual contact" has the 
 31.10  meaning given in section 609.341, subdivision 11, paragraph (a), 
 31.11  clauses (i) and (iv), but does not include the intentional 
 31.12  touching of the clothing covering the immediate area of the 
 31.13  buttocks.  Sexual contact also includes the intentional removal 
 31.14  or attempted removal of clothing covering the complainant's 
 31.15  intimate parts or undergarments, and the nonconsensual touching 
 31.16  by the complainant of the actor's intimate parts, effected by 
 31.17  the actor, if the action is performed with sexual or aggressive 
 31.18  intent. 
 31.19     Sec. 20.  Minnesota Statutes 1994, section 609.3451, is 
 31.20  amended by adding a subdivision to read: 
 31.21     Subd. 3.  [FELONY.] A person is guilty of a felony and may 
 31.22  be sentenced to imprisonment for not more than five years or to 
 31.23  payment of a fine of not more than $10,000, or both, if the 
 31.24  person violates subdivision 1, clause (2), after having been 
 31.25  previously convicted of or adjudicated delinquent for violating 
 31.26  subdivision 1, clause (2); section 617.23, paragraph (b), clause 
 31.27  (1); or a statute from another state in conformity with 
 31.28  subdivision 1, clause (2), or section 617.23, paragraph (b), 
 31.29  clause (1). 
 31.30     Sec. 21.  Minnesota Statutes 1995 Supplement, section 
 31.31  609.485, subdivision 2, is amended to read: 
 31.32     Subd. 2.  [ACTS PROHIBITED.] Whoever does any of the 
 31.33  following may be sentenced as provided in subdivision 4: 
 31.34     (1) escapes while held in lawful custody on a charge or 
 31.35  conviction of a crime, or while held in lawful custody on an 
 31.36  allegation or adjudication of a delinquent act while 18 years of 
 32.1   age; 
 32.2      (2) transfers to another, who is in lawful custody on a 
 32.3   charge or conviction of a crime, or introduces into an 
 32.4   institution in which the latter is confined, anything usable in 
 32.5   making such escape, with intent that it shall be so used; 
 32.6      (3) having another in lawful custody on a charge or 
 32.7   conviction of a crime, intentionally permits the other to 
 32.8   escape; 
 32.9      (4) escapes while in a facility designated under section 
 32.10  253B.18, subdivision 1, pursuant to a court commitment order 
 32.11  after a finding of not guilty by reason of mental illness or 
 32.12  mental deficiency of a crime against the person, as defined in 
 32.13  section 253B.02, subdivision 4a.  Notwithstanding section 
 32.14  609.17, no person may be charged with or convicted of an attempt 
 32.15  to commit a violation of this clause; or 
 32.16     (5) escapes while in a facility designated under section 
 32.17  253B.18, subdivision 1, pursuant to a court commitment order 
 32.18  under section 253B.185 or 526.10. 
 32.19     For purposes of clause (1), "escapes while held in lawful 
 32.20  custody" includes absconding from electronic monitoring or 
 32.21  absconding after removing an electronic monitoring device from 
 32.22  the person's body. 
 32.23     Sec. 22.  Minnesota Statutes 1995 Supplement, section 
 32.24  609.485, subdivision 4, is amended to read: 
 32.25     Subd. 4.  [SENTENCE.] (a) Except as otherwise provided in 
 32.26  subdivision 3a, whoever violates this section may be sentenced 
 32.27  as follows: 
 32.28     (1) if the person who escapes is in lawful custody on a 
 32.29  charge or conviction of a felony, to imprisonment for not more 
 32.30  than five years or to payment of a fine of not more than 
 32.31  $10,000, or both; 
 32.32     (2) if the person who escapes is in lawful custody after a 
 32.33  finding of not guilty by reason of mental illness or mental 
 32.34  deficiency of a crime against the person, as defined in section 
 32.35  253B.02, subdivision 4a, or pursuant to a court commitment order 
 32.36  under section 253B.185 or 526.10, to imprisonment for not more 
 33.1   than one year and one day or to payment of a fine of not more 
 33.2   than $3,000, or both; or 
 33.3      (3) if such charge or conviction is for a gross misdemeanor 
 33.4   or misdemeanor, or if the person who escapes is in lawful 
 33.5   custody on an allegation or adjudication of a delinquent act 
 33.6   while 18 years of age, to imprisonment for not more than one 
 33.7   year or to payment of a fine of not more than $3,000, or both.  
 33.8      (b) If the escape was a violation of subdivision 2, clause 
 33.9   (1), (2), or (3), and was effected by violence or threat of 
 33.10  violence against a person, the sentence may be increased to not 
 33.11  more than twice those permitted in paragraph (a), clauses (1) 
 33.12  and (3). 
 33.13     (c) Unless a concurrent term is specified by the court, a 
 33.14  sentence under this section shall be consecutive to any sentence 
 33.15  previously imposed or which may be imposed for any crime or 
 33.16  offense for which the person was in custody when the person 
 33.17  escaped. 
 33.18     (d) Notwithstanding paragraph (c), if a person who was 
 33.19  committed to the commissioner of corrections under section 
 33.20  260.185 escapes from the custody of the commissioner while 18 
 33.21  years of age, the person's sentence under this section shall 
 33.22  commence on the person's 19th birthday or on the person's date 
 33.23  of discharge by the commissioner of corrections, whichever 
 33.24  occurs first.  However, if the person described in this clause 
 33.25  is convicted under this section after becoming 19 years old and 
 33.26  after having been discharged by the commissioner, the person's 
 33.27  sentence shall commence upon imposition by the sentencing court. 
 33.28     (e) Notwithstanding paragraph (c), if a person who is in 
 33.29  lawful custody on an allegation or adjudication of a delinquent 
 33.30  act while 18 years of age escapes from a local juvenile 
 33.31  correctional facility, the person's sentence under this section 
 33.32  begins on the person's 19th birthday or on the person's date of 
 33.33  discharge from the jurisdiction of the juvenile court, whichever 
 33.34  occurs first.  However, if the person described in this 
 33.35  paragraph is convicted after becoming 19 years old and after 
 33.36  discharge from the jurisdiction of the juvenile court, the 
 34.1   person's sentence begins upon imposition by the sentencing court.
 34.2      Sec. 23.  Minnesota Statutes 1994, section 609.487, is 
 34.3   amended by adding a subdivision to read: 
 34.4      Subd. 5.  [SUSPENSION; FLEEING PEACE OFFICER OFFENSE.] When 
 34.5   a person is charged with operating a motor vehicle in violation 
 34.6   of subdivision 3 or 4, or any ordinance in conformity with those 
 34.7   subdivisions, the court shall notify the commissioner of public 
 34.8   safety and order the commissioner to suspend the driver's 
 34.9   license of the person for all vehicle classes. 
 34.10     Sec. 24.  Minnesota Statutes 1994, section 609.487, is 
 34.11  amended by adding a subdivision to read: 
 34.12     Subd. 6.  [REVOCATION; FLEEING PEACE OFFICER OFFENSE.] When 
 34.13  a person is convicted of operating a motor vehicle in violation 
 34.14  of subdivision 3 or 4, or an ordinance in conformity with those 
 34.15  subdivisions, the court shall notify the commissioner of public 
 34.16  safety and order the commissioner to revoke the driver's license 
 34.17  of the person. 
 34.18     Sec. 25.  Minnesota Statutes 1995 Supplement, section 
 34.19  609.52, subdivision 1, is amended to read: 
 34.20     Subdivision 1.  [DEFINITIONS.] In this section: 
 34.21     (1) "Property" means all forms of tangible property, 
 34.22  whether real or personal, without limitation including documents 
 34.23  of value, electricity, gas, water, corpses, domestic animals, 
 34.24  dogs, pets, fowl, and heat supplied by pipe or conduit by 
 34.25  municipalities or public utility companies and articles, as 
 34.26  defined in clause (4), representing trade secrets, which 
 34.27  articles shall be deemed for the purposes of Extra Session Laws 
 34.28  1967, chapter 15 to include any trade secret represented by the 
 34.29  article. 
 34.30     (2) "Movable property" is property whose physical location 
 34.31  can be changed, including without limitation things growing on, 
 34.32  affixed to, or found in land. 
 34.33     (3) "Value" means the retail market value at the time of 
 34.34  the theft, or if the retail market value cannot be ascertained, 
 34.35  the cost of replacement of the property within a reasonable time 
 34.36  after the theft, or in the case of a theft or the making of a 
 35.1   copy of an article representing a trade secret, where the retail 
 35.2   market value or replacement cost cannot be ascertained, any 
 35.3   reasonable value representing the damage to the owner which the 
 35.4   owner has suffered by reason of losing an advantage over those 
 35.5   who do not know of or use the trade secret.  For a check, draft, 
 35.6   or other order for the payment of money, "value" means the 
 35.7   amount of money promised or ordered to be paid under the terms 
 35.8   of the check, draft, or other order.  For a theft committed 
 35.9   within the meaning of subdivision 2, clause (5), (a) and (b), if 
 35.10  the property has been restored to the owner, "value" means the 
 35.11  value of the use of the property or the damage which it 
 35.12  sustained, whichever is greater, while the owner was deprived of 
 35.13  its possession, but not exceeding the value otherwise provided 
 35.14  herein. 
 35.15     (4) "Article" means any object, material, device or 
 35.16  substance, including any writing, record, recording, drawing, 
 35.17  sample specimen, prototype, model, photograph, microorganism, 
 35.18  blueprint or map, or any copy of any of the foregoing. 
 35.19     (5) "Representing" means describing, depicting, containing, 
 35.20  constituting, reflecting or recording. 
 35.21     (6) "Trade secret" means information, including a formula, 
 35.22  pattern, compilation, program, device, method, technique, or 
 35.23  process, that:  
 35.24     (i) derives independent economic value, actual or 
 35.25  potential, from not being generally known to, and not being 
 35.26  readily ascertainable by proper means by, other persons who can 
 35.27  obtain economic value from its disclosure or use, and 
 35.28     (ii) is the subject of efforts that are reasonable under 
 35.29  the circumstances to maintain its secrecy. 
 35.30     (7) "Copy" means any facsimile, replica, photograph or 
 35.31  other reproduction of an article, and any note, drawing, or 
 35.32  sketch made of or from an article while in the presence of the 
 35.33  article. 
 35.34     (8) "Property of another" includes property in which the 
 35.35  actor is coowner or has a lien, pledge, bailment, or lease or 
 35.36  other subordinate interest, property transferred by the actor in 
 36.1   circumstances which are known to the actor and which make the 
 36.2   transfer fraudulent as defined in section 513.44, and property 
 36.3   of a partnership of which the actor is a member, unless the 
 36.4   actor and the victim are husband and wife.  It does not include 
 36.5   property in which the actor asserts in good faith a claim as a 
 36.6   collection fee or commission out of property or funds recovered, 
 36.7   or by virtue of a lien, setoff, or counterclaim.  
 36.8      (9) "Services" include but are not limited to labor, 
 36.9   professional services, transportation services, electronic 
 36.10  computer services, the supplying of hotel accommodations, 
 36.11  restaurant services, entertainment services, advertising 
 36.12  services, telecommunication services, and the supplying of 
 36.13  equipment for use.  
 36.14     (10) "Motor vehicle" means a self-propelled device for 
 36.15  moving persons or property or pulling implements from one place 
 36.16  to another, whether the device is operated on land, rails, 
 36.17  water, or in the air. 
 36.18     Sec. 26.  Minnesota Statutes 1994, section 609.52, 
 36.19  subdivision 2, is amended to read: 
 36.20     Subd. 2.  [ACTS CONSTITUTING THEFT.] Whoever does any of 
 36.21  the following commits theft and may be sentenced as provided in 
 36.22  subdivision 3: 
 36.23     (1) intentionally and without claim of right takes, uses, 
 36.24  transfers, conceals or retains possession of movable property of 
 36.25  another without the other's consent and with intent to deprive 
 36.26  the owner permanently of possession of the property; or 
 36.27     (2) having a legal interest in movable property, 
 36.28  intentionally and without consent, takes the property out of the 
 36.29  possession of a pledgee or other person having a superior right 
 36.30  of possession, with intent thereby to deprive the pledgee or 
 36.31  other person permanently of the possession of the property; or 
 36.32     (3) obtains for the actor or another the possession, 
 36.33  custody, or title to property of or performance of services by a 
 36.34  third person by intentionally deceiving the third person with a 
 36.35  false representation which is known to be false, made with 
 36.36  intent to defraud, and which does defraud the person to whom it 
 37.1   is made.  "False representation" includes without limitation: 
 37.2      (a) the issuance of a check, draft, or order for the 
 37.3   payment of money, except a forged check as defined in section 
 37.4   609.631, or the delivery of property knowing that the actor is 
 37.5   not entitled to draw upon the drawee therefor or to order the 
 37.6   payment or delivery thereof; or 
 37.7      (b) a promise made with intent not to perform.  Failure to 
 37.8   perform is not evidence of intent not to perform unless 
 37.9   corroborated by other substantial evidence; or 
 37.10     (c) the preparation or filing of a claim for reimbursement, 
 37.11  a rate application, or a cost report used to establish a rate or 
 37.12  claim for payment for medical care provided to a recipient of 
 37.13  medical assistance under chapter 256B, which intentionally and 
 37.14  falsely states the costs of or actual services provided by a 
 37.15  vendor of medical care; or 
 37.16     (d) the preparation or filing of a claim for reimbursement 
 37.17  for providing treatment or supplies required to be furnished to 
 37.18  an employee under section 176.135 which intentionally and 
 37.19  falsely states the costs of or actual treatment or supplies 
 37.20  provided; or 
 37.21     (e) the preparation or filing of a claim for reimbursement 
 37.22  for providing treatment or supplies required to be furnished to 
 37.23  an employee under section 176.135 for treatment or supplies that 
 37.24  the provider knew were medically unnecessary, inappropriate, or 
 37.25  excessive; or 
 37.26     (4) by swindling, whether by artifice, trick, device, or 
 37.27  any other means, obtains property or services from another 
 37.28  person; or 
 37.29     (5) intentionally commits any of the acts listed in this 
 37.30  subdivision but with intent to exercise temporary control only 
 37.31  and: 
 37.32     (a) the control exercised manifests an indifference to the 
 37.33  rights of the owner or the restoration of the property to the 
 37.34  owner; or 
 37.35     (b) the actor pledges or otherwise attempts to subject the 
 37.36  property to an adverse claim; or 
 38.1      (c) the actor intends to restore the property only on 
 38.2   condition that the owner pay a reward or buy back or make other 
 38.3   compensation; or 
 38.4      (6) finds lost property and, knowing or having reasonable 
 38.5   means of ascertaining the true owner, appropriates it to the 
 38.6   finder's own use or to that of another not entitled thereto 
 38.7   without first having made reasonable effort to find the owner 
 38.8   and offer and surrender the property to the owner; or 
 38.9      (7) intentionally obtains property or services, offered 
 38.10  upon the deposit of a sum of money or tokens in a coin or token 
 38.11  operated machine or other receptacle, without making the 
 38.12  required deposit or otherwise obtaining the consent of the 
 38.13  owner; or 
 38.14     (8) intentionally and without claim of right converts any 
 38.15  article representing a trade secret, knowing it to be such, to 
 38.16  the actor's own use or that of another person or makes a copy of 
 38.17  an article representing a trade secret, knowing it to be such, 
 38.18  and intentionally and without claim of right converts the same 
 38.19  to the actor's own use or that of another person.  It shall be a 
 38.20  complete defense to any prosecution under this clause for the 
 38.21  defendant to show that information comprising the trade secret 
 38.22  was rightfully known or available to the defendant from a source 
 38.23  other than the owner of the trade secret; or 
 38.24     (9) leases or rents personal property under a written 
 38.25  instrument and who with intent to place the property beyond the 
 38.26  control of the lessor conceals or aids or abets the concealment 
 38.27  of the property or any part thereof, or any lessee of the 
 38.28  property who sells, conveys, or encumbers the property or any 
 38.29  part thereof without the written consent of the lessor, without 
 38.30  informing the person to whom the lessee sells, conveys, or 
 38.31  encumbers that the same is subject to such lease and with intent 
 38.32  to deprive the lessor of possession thereof.  Evidence that a 
 38.33  lessee used a false or fictitious name or address in obtaining 
 38.34  the property or fails or refuses to return the property to 
 38.35  lessor within five days after written demand for the return has 
 38.36  been served personally in the manner provided for service of 
 39.1   process of a civil action or sent by certified mail to the last 
 39.2   known address of the lessee, whichever shall occur later, shall 
 39.3   be evidence of intent to violate this clause.  Service by 
 39.4   certified mail shall be deemed to be complete upon deposit in 
 39.5   the United States mail of such demand, postpaid and addressed to 
 39.6   the person at the address for the person set forth in the lease 
 39.7   or rental agreement, or, in the absence of the address, to the 
 39.8   person's last known place of residence; or 
 39.9      (10) alters, removes, or obliterates numbers or symbols 
 39.10  placed on movable property for purpose of identification by the 
 39.11  owner or person who has legal custody or right to possession 
 39.12  thereof with the intent to prevent identification, if the person 
 39.13  who alters, removes, or obliterates the numbers or symbols is 
 39.14  not the owner and does not have the permission of the owner to 
 39.15  make the alteration, removal, or obliteration; or 
 39.16     (11) with the intent to prevent the identification of 
 39.17  property involved, so as to deprive the rightful owner of 
 39.18  possession thereof, alters or removes any permanent serial 
 39.19  number, permanent distinguishing number or manufacturer's 
 39.20  identification number on personal property or possesses, sells 
 39.21  or buys any personal property with knowledge knowing or having 
 39.22  reason to know that the permanent serial number, permanent 
 39.23  distinguishing number or manufacturer's identification number 
 39.24  has been removed or altered; or 
 39.25     (12) intentionally deprives another of a lawful charge for 
 39.26  cable television service by: 
 39.27     (i) making or using or attempting to make or use an 
 39.28  unauthorized external connection outside the individual dwelling 
 39.29  unit whether physical, electrical, acoustical, inductive, or 
 39.30  other connection, or by 
 39.31     (ii) attaching any unauthorized device to any cable, wire, 
 39.32  microwave, or other component of a licensed cable communications 
 39.33  system as defined in chapter 238.  Nothing herein shall be 
 39.34  construed to prohibit the electronic video rerecording of 
 39.35  program material transmitted on the cable communications system 
 39.36  by a subscriber for fair use as defined by Public Law Number 
 40.1   94-553, section 107; or 
 40.2      (13) except as provided in paragraphs (12) and (14), 
 40.3   obtains the services of another with the intention of receiving 
 40.4   those services without making the agreed or reasonably expected 
 40.5   payment of money or other consideration; or 
 40.6      (14) intentionally deprives another of a lawful charge for 
 40.7   telecommunications service by:  
 40.8      (i) making, using, or attempting to make or use an 
 40.9   unauthorized connection whether physical, electrical, by wire, 
 40.10  microwave, radio, or other means to a component of a local 
 40.11  telecommunication system as provided in chapter 237; or 
 40.12     (ii) attaching an unauthorized device to a cable, wire, 
 40.13  microwave, radio, or other component of a local 
 40.14  telecommunication system as provided in chapter 237.  
 40.15     The existence of an unauthorized connection is prima facie 
 40.16  evidence that the occupier of the premises:  
 40.17     (i) made or was aware of the connection; and 
 40.18     (ii) was aware that the connection was unauthorized; or 
 40.19     (15) with intent to defraud, diverts corporate property 
 40.20  other than in accordance with general business purposes or for 
 40.21  purposes other than those specified in the corporation's 
 40.22  articles of incorporation; or 
 40.23     (16) with intent to defraud, authorizes or causes a 
 40.24  corporation to make a distribution in violation of section 
 40.25  302A.551, or any other state law in conformity with it; or 
 40.26     (17) intentionally takes or drives a motor vehicle without 
 40.27  the consent of the owner or an authorized agent of the owner. 
 40.28     Sec. 27.  Minnesota Statutes 1994, section 609.583, is 
 40.29  amended to read: 
 40.30     609.583 [SENTENCING; FIRST BURGLARY OF A DWELLING.] 
 40.31     Except as provided in section 609.582, subdivision 1a, in 
 40.32  determining an appropriate disposition for a first offense of 
 40.33  burglary of a dwelling, the court shall presume that a stay of 
 40.34  execution with at least a 90-day period of incarceration as a 
 40.35  condition of probation shall be imposed unless the defendant's 
 40.36  criminal history score determined according to the sentencing 
 41.1   guidelines indicates a presumptive executed sentence, in which 
 41.2   case the presumptive executed sentence shall be imposed unless 
 41.3   the court departs from the sentencing guidelines pursuant to 
 41.4   section 244.10.  A stay of imposition of sentence may be granted 
 41.5   only if accompanied by a statement on the record of the reasons 
 41.6   for it.  The presumptive period of incarceration may be waived 
 41.7   in whole or in part by the court if the defendant provides 
 41.8   restitution or performs community work service. 
 41.9      Sec. 28.  [609.586] [POSSESSION OF CODE GRABBING DEVICES; 
 41.10  PENALTY.] 
 41.11     Subdivision 1.  [DEFINITION.] As used in this section, 
 41.12  "code grabbing device" means a device that can receive and 
 41.13  record the coded signal sent by the transmitter of a security or 
 41.14  other electronic system and can play back the signal to disarm 
 41.15  or operate that system. 
 41.16     Subd. 2.  [CRIME.] Whoever possesses a code grabbing device 
 41.17  with intent to use the device to commit an unlawful act may be 
 41.18  sentenced to imprisonment for not more than three years or to 
 41.19  payment of a fine of not more than $5,000, or both. 
 41.20     Sec. 29.  Minnesota Statutes 1994, section 609.596, is 
 41.21  amended to read: 
 41.22     609.596 [KILLING OR HARMING A POLICE OR ARSON DOG.] 
 41.23     Subdivision 1.  [FELONY.] Whoever intentionally and without 
 41.24  justification causes the death of a police dog or an arson dog 
 41.25  when the dog is involved in law enforcement, fire, or 
 41.26  correctional investigation or apprehension, or the dog is in the 
 41.27  custody of or under the control of a peace officer, as defined 
 41.28  in section 626.84, subdivision 1, paragraph (c), or an employee 
 41.29  of a correctional facility, as defined in section 241.021, 
 41.30  subdivision 1, clause (5), is guilty of a felony and may be 
 41.31  sentenced to imprisonment for not more than two years or to 
 41.32  payment of a fine of not more than $4,000 $5,000, or both.  In 
 41.33  lieu of a fine, the court may order a defendant convicted under 
 41.34  this subdivision to pay restitution to the affected agency to 
 41.35  replace the police dog or arson dog, in an amount not to exceed 
 41.36  $5,000. 
 42.1      Subd. 2.  [GROSS MISDEMEANOR.] Whoever intentionally and 
 42.2   without justification causes substantial or great bodily harm to 
 42.3   a police dog or an arson dog when the dog is involved in law 
 42.4   enforcement, fire, or correctional investigation or 
 42.5   apprehension, or the dog is in the custody of or under the 
 42.6   control of a peace officer or an employee of a correctional 
 42.7   facility, as defined in section 241.021, subdivision 1, clause 
 42.8   (5), is guilty of a gross misdemeanor. 
 42.9      Subd. 3.  [DEFINITION.] As used in this section, "arson 
 42.10  dog" means a dog that has been certified as an arson dog by a 
 42.11  state fire or police agency or by an independent testing 
 42.12  laboratory. 
 42.13     Sec. 30.  Minnesota Statutes 1994, section 609.611, is 
 42.14  amended to read: 
 42.15     609.611 [DEFRAUDING INSURER INSURANCE FRAUD.] 
 42.16     Subdivision 1.  [DEFRAUD; DAMAGES OR CONCEALS PROPERTY 
 42.17  INSURANCE FRAUD PROHIBITED.] Whoever with intent to injure or 
 42.18  defraud an insurer, damages, removes, or conceals any property 
 42.19  real or personal, whether the actor's own or that of another, 
 42.20  which is at the time insured by any person, firm, or corporation 
 42.21  against loss or damage; 
 42.22     (a) May be sentenced to imprisonment for not more than 
 42.23  three years or to payment of fine of not more than $5,000, or 
 42.24  both if the value insured for is less than $20,000; or 
 42.25     (b) May be sentenced to imprisonment for not more than five 
 42.26  years or to payment of fine of not more than $10,000, or both if 
 42.27  the value insured for is $20,000 or greater; 
 42.28     (c) Proof that the actor recovered or attempted to recover 
 42.29  on a policy of insurance by reason of the alleged loss is 
 42.30  relevant but not essential to establish the actor's intent to 
 42.31  defraud the insurer. the intent to defraud for the purpose of 
 42.32  depriving another of property or for pecuniary gain, commits, or 
 42.33  permits its employees or its agents to commit any of the 
 42.34  following acts, is guilty of insurance fraud and may be 
 42.35  sentenced as provided in subdivision 3: 
 42.36     (a) Presents, causes to be presented, or prepares with 
 43.1   knowledge or reason to believe that it will be presented, by or 
 43.2   on behalf of an insured, claimant, or applicant to an insurer, 
 43.3   insurance professional, or premium finance company in connection 
 43.4   with an insurance transaction or premium finance transaction, 
 43.5   any information that contains a false representation as to any 
 43.6   material fact, or that withholds or conceals a material fact 
 43.7   concerning any of the following: 
 43.8      (1) an application for, rating of, or renewal of, an 
 43.9   insurance policy; 
 43.10     (2) a claim for payment or benefit under an insurance 
 43.11  policy; 
 43.12     (3) a payment made according to the terms of an insurance 
 43.13  policy; 
 43.14     (4) an application used in a premium finance transaction; 
 43.15     (b) Presents, causes to be presented, or prepares with 
 43.16  knowledge or reason to believe that it will be presented, to or 
 43.17  by an insurer, insurance professional, or a premium finance 
 43.18  company in connection with an insurance transaction or premium 
 43.19  finance transaction, any information that contains a false 
 43.20  representation as to any material fact, or that withholds or 
 43.21  conceals a material fact, concerning any of the following: 
 43.22     (1) a solicitation for sale of an insurance policy or 
 43.23  purported insurance policy; 
 43.24     (2) an application for certificate of authority; 
 43.25     (3) the financial condition of an insurer; or 
 43.26     (4) the acquisition, formation, merger, affiliation, or 
 43.27  dissolution of an insurer; 
 43.28     (c) Solicits or accepts new or renewal insurance risks by 
 43.29  or for an insolvent insurer; 
 43.30     (d) Removes the assets or any record of assets, 
 43.31  transactions, and affairs or any material part thereof, from the 
 43.32  home office or other place of business of an insurer, or from 
 43.33  the place of safekeeping of an insurer, or destroys or 
 43.34  sequesters the same from the department of commerce. 
 43.35     (e) Diverts, misappropriates, converts, or embezzles funds 
 43.36  of an insurer, insured, claimant, or applicant for insurance in 
 44.1   connection with: 
 44.2      (1) an insurance transaction; 
 44.3      (2) the conducting of business activities by an insurer or 
 44.4   insurance professional; or 
 44.5      (3) the acquisition, formation, merger, affiliation, or 
 44.6   dissolution of any insurer. 
 44.7      Subd. 2.  [DEFRAUD; FALSE LOSS CLAIM STATUTE OF 
 44.8   LIMITATIONS.] Whoever intentionally makes a claim to an 
 44.9   insurance company that personal property was lost, stolen, 
 44.10  damaged, destroyed, misplaced, or disappeared, knowing the claim 
 44.11  to be false may be sentenced as provided in section 609.52, 
 44.12  subdivision 3.  The applicable statute of limitations provision 
 44.13  under section 628.26 shall not begin to run until the insurance 
 44.14  company or law enforcement agency is aware of the fraud, but in 
 44.15  no event may the prosecution be commenced later than seven years 
 44.16  after the claim was made act has occurred. 
 44.17     Subd. 3.  [SENTENCE.] Whoever violates this provision may 
 44.18  be sentenced as provided in section 609.52, subdivision 3, based 
 44.19  on the greater of (i) the value of property, services, or other 
 44.20  benefit wrongfully obtained or attempted to obtain, or (ii) the 
 44.21  aggregate economic loss suffered by any person as a result of 
 44.22  the violation.  A person convicted of a violation of this 
 44.23  section must be ordered to pay restitution to persons aggrieved 
 44.24  by the violation.  Restitution must be ordered in addition to a 
 44.25  fine or imprisonment but not in lieu of a fine or imprisonment. 
 44.26     Subd. 4.  [DEFINITIONS.] (a) "Insurance policy" means the 
 44.27  written instrument in which are set forth the terms of any 
 44.28  certificate of insurance, binder of coverage, or contract of 
 44.29  insurance (including a certificate, binder, or contract issued 
 44.30  by a state-assigned risk plan); benefit plan; nonprofit hospital 
 44.31  service plan; motor club service plan; or surety bond, cash 
 44.32  bond, or any other alternative to insurance authorized by a 
 44.33  state's financial responsibility act. 
 44.34     (b) "Insurance professional" means sales agents, agencies, 
 44.35  managing general agents, brokers, producers, claims 
 44.36  representatives, adjusters, and third-party administrators. 
 45.1      (c) "Insurance transaction" means a transaction by, between 
 45.2   or among:  (1) an insurer or a person who acts on behalf of an 
 45.3   insurer; and (2) an insured, claimant, applicant for insurance, 
 45.4   public adjuster, insurance professional, practitioner, or any 
 45.5   person who acts on behalf of any of the foregoing, for the 
 45.6   purpose of obtaining insurance or reinsurance, calculating 
 45.7   insurance premiums, submitting a claim, negotiating or adjusting 
 45.8   a claim, or otherwise obtaining insurance, self-insurance, or 
 45.9   reinsurance or obtaining the benefits thereof or therefrom. 
 45.10     (d) "Insurer" means a person purporting to engage in the 
 45.11  business of insurance or authorized to do business in the state 
 45.12  or subject to regulation by the state, who undertakes to 
 45.13  indemnify another against loss, damage or liability arising from 
 45.14  a contingent or unknown event.  Insurer includes, but is not 
 45.15  limited to, an insurance company; self-insurer; reinsurer; 
 45.16  reciprocal exchange; interinsurer; risk retention group; Lloyd's 
 45.17  insurer; fraternal benefit society; surety; medical service, 
 45.18  dental, optometric, or any other similar health service plan; 
 45.19  and any other legal entity engaged or purportedly engaged in the 
 45.20  business of insurance, including any person or entity that falls 
 45.21  within the definition of insurer found within section 60A.951, 
 45.22  subdivision 5. 
 45.23     (e) "Premium" means consideration paid or payable for 
 45.24  coverage under an insurance policy.  Premium includes any 
 45.25  payment, whether due within the insurance policy term or 
 45.26  otherwise, and any deductible payment, whether advanced by the 
 45.27  insurer or insurance professional and subject to reimbursement 
 45.28  by the insured or otherwise, any self insured retention or 
 45.29  payment, whether advanced by the insurer or insurance 
 45.30  professional and subject to reimbursement by the insured or 
 45.31  otherwise, and any collateral or security to be provided to 
 45.32  collateralize obligations to pay any of the above. 
 45.33     (f) "Premium finance company" means a person engaged or 
 45.34  purporting to engage in the business of advancing money, 
 45.35  directly or indirectly, to an insurer or producer at the request 
 45.36  of an insured under the terms of a premium finance agreement, 
 46.1   including but not limited to, loan contracts, notes, agreements 
 46.2   or obligations, wherein the insured has assigned the unearned 
 46.3   premiums, accrued dividends, or loss payments as security for 
 46.4   such advancement in payment of premiums on insurance policies 
 46.5   only, but does not include the financing of insurance premiums 
 46.6   purchased in connection with the financing of goods or services. 
 46.7      (g) "Premium finance transaction" means a transaction by, 
 46.8   between, or among an insured, a producer or other party claiming 
 46.9   to act on behalf of an insured and a third-party premium finance 
 46.10  company, for the purposes of purportedly or actually advancing 
 46.11  money directly or indirectly to in insurer or producer at the 
 46.12  request of an insured under the terms of a premium finance 
 46.13  agreement, wherein the insured has assigned the unearned 
 46.14  premiums, accrued dividends or loan payments as security for 
 46.15  such advancement in payment of premiums on insurance policies 
 46.16  only, but does not include the financing of insurance premiums 
 46.17  purchased in connection with the financing of goods or services. 
 46.18     Sec. 31.  Minnesota Statutes 1995 Supplement, section 
 46.19  617.23, is amended to read: 
 46.20     617.23 [INDECENT EXPOSURE; PENALTIES.] 
 46.21     (a) A person is guilty of a misdemeanor who in any public 
 46.22  place, or in any place where others are present:  
 46.23     (1) willfully and lewdly exposes the person's body, or the 
 46.24  private parts thereof; 
 46.25     (2) procures another to expose private parts; or 
 46.26     (3) engages in any open or gross lewdness or lascivious 
 46.27  behavior, or any public indecency other than behavior specified 
 46.28  in clause (1) or (2) or this clause. 
 46.29     (b) A person is guilty of a gross misdemeanor if: 
 46.30     (1) the person violates this section in the presence of a 
 46.31  minor under the age of 16; or 
 46.32     (2) the person violates this section after having been 
 46.33  previously convicted of violating this section, sections 609.342 
 46.34  to 609.3451, or a statute from another state in conformity with 
 46.35  any of those sections. 
 46.36     (c) A person is guilty of a felony and may be sentenced to 
 47.1   imprisonment for not more than five years or to payment of a 
 47.2   fine of not more than $10,000, or both, if the person violates 
 47.3   paragraph (b), clause (1), after having been previously 
 47.4   convicted of or adjudicated delinquent for violating paragraph 
 47.5   (b), clause (1); section 609.3451, subdivision 1, clause (2); or 
 47.6   a statute from another state in conformity with paragraph (b), 
 47.7   clause (1), or section 609.3451, subdivision 1, clause (2). 
 47.8      Sec. 32.  [INSURANCE FRAUD REVOLVING ACCOUNT.] 
 47.9      The attorney general shall deposit in a separate account in 
 47.10  the state treasury all money voluntarily contributed by 
 47.11  insurance companies for the investigation and prosecution of 
 47.12  insurance fraud.  Money in the account is appropriated to the 
 47.13  attorney general for that purpose. 
 47.14     Sec. 33.  [REPEALER.] 
 47.15     Minnesota Statutes 1994, section 609.495, subdivision 2, is 
 47.16  repealed.  
 47.17     Sec. 34.  [EFFECTIVE DATE.] 
 47.18     Sections 1 to 8 are effective August 1, 1996, and apply to 
 47.19  demands for proof of insurance made on or after that date. 
 47.20     Sections 9 to 26 and 28 to 33 are effective August 1, 1996, 
 47.21  and apply to offenses committed on or after that date.  
 47.22     Section 27 is effective August 1, 1996. 
 47.23                             ARTICLE 4
 47.24                              FIREARMS
 47.25     Section 1.  Minnesota Statutes 1995 Supplement, section 
 47.26  518B.01, subdivision 14, is amended to read: 
 47.27     Subd. 14.  [VIOLATION OF AN ORDER FOR PROTECTION.] (a) 
 47.28  Whenever an order for protection is granted pursuant to this 
 47.29  section, and the respondent or person to be restrained knows of 
 47.30  the order, violation of the order for protection is a 
 47.31  misdemeanor.  Upon conviction, the defendant must be sentenced 
 47.32  to a minimum of three days imprisonment and must be ordered to 
 47.33  participate in counseling or other appropriate programs selected 
 47.34  by the court.  If the court stays imposition or execution of the 
 47.35  jail sentence and the defendant refuses or fails to comply with 
 47.36  the court's treatment order, the court must impose and execute 
 48.1   the stayed jail sentence.  A person is guilty of a gross 
 48.2   misdemeanor who violates this paragraph during the time period 
 48.3   between a previous conviction under this paragraph; sections 
 48.4   609.221 to 609.224; 609.2242; 609.713, subdivision 1 or 3; 
 48.5   609.748, subdivision 6; 609.749; or a similar law of another 
 48.6   state and the end of the five years following discharge from 
 48.7   sentence for that conviction.  Upon conviction, the defendant 
 48.8   must be sentenced to a minimum of ten days imprisonment and must 
 48.9   be ordered to participate in counseling or other appropriate 
 48.10  programs selected by the court.  Notwithstanding section 
 48.11  609.135, the court must impose and execute the minimum sentence 
 48.12  provided in this paragraph for gross misdemeanor convictions. 
 48.13     (b) A peace officer shall arrest without a warrant and take 
 48.14  into custody a person whom the peace officer has probable cause 
 48.15  to believe has violated an order granted pursuant to this 
 48.16  section restraining the person or excluding the person from the 
 48.17  residence or the petitioner's place of employment, even if the 
 48.18  violation of the order did not take place in the presence of the 
 48.19  peace officer, if the existence of the order can be verified by 
 48.20  the officer.  The person shall be held in custody for at least 
 48.21  36 hours, excluding the day of arrest, Sundays, and holidays, 
 48.22  unless the person is released earlier by a judge or judicial 
 48.23  officer.  A peace officer acting in good faith and exercising 
 48.24  due care in making an arrest pursuant to this paragraph is 
 48.25  immune from civil liability that might result from the officer's 
 48.26  actions. 
 48.27     (c) A violation of an order for protection shall also 
 48.28  constitute contempt of court and be subject to the penalties 
 48.29  therefor.  
 48.30     (d) If the court finds that the respondent has violated an 
 48.31  order for protection and that there is reason to believe that 
 48.32  the respondent will commit a further violation of the provisions 
 48.33  of the order restraining the respondent from committing acts of 
 48.34  domestic abuse or excluding the respondent from the petitioner's 
 48.35  residence, the court may require the respondent to acknowledge 
 48.36  an obligation to comply with the order on the record.  The court 
 49.1   may require a bond sufficient to deter the respondent from 
 49.2   committing further violations of the order for protection, 
 49.3   considering the financial resources of the respondent, and not 
 49.4   to exceed $10,000.  If the respondent refuses to comply with an 
 49.5   order to acknowledge the obligation or post a bond under this 
 49.6   paragraph, the court shall commit the respondent to the county 
 49.7   jail during the term of the order for protection or until the 
 49.8   respondent complies with the order under this paragraph.  The 
 49.9   warrant must state the cause of commitment, with the sum and 
 49.10  time for which any bond is required.  If an order is issued 
 49.11  under this paragraph, the court may order the costs of the 
 49.12  contempt action, or any part of them, to be paid by the 
 49.13  respondent.  An order under this paragraph is appealable.  
 49.14     (e) Upon the filing of an affidavit by the petitioner, any 
 49.15  peace officer, or an interested party designated by the court, 
 49.16  alleging that the respondent has violated any order for 
 49.17  protection granted pursuant to this section, the court may issue 
 49.18  an order to the respondent, requiring the respondent to appear 
 49.19  and show cause within 14 days why the respondent should not be 
 49.20  found in contempt of court and punished therefor.  The hearing 
 49.21  may be held by the court in any county in which the petitioner 
 49.22  or respondent temporarily or permanently resides at the time of 
 49.23  the alleged violation.  The court also shall refer the violation 
 49.24  of the order for protection to the appropriate prosecuting 
 49.25  authority for possible prosecution under paragraph (a). 
 49.26     (f) If it is alleged that the respondent has violated an 
 49.27  order for protection issued under subdivision 6 and the court 
 49.28  finds that the order has expired between the time of the alleged 
 49.29  violation and the court's hearing on the violation, the court 
 49.30  may grant a new order for protection under subdivision 6 based 
 49.31  solely on the respondent's alleged violation of the prior order, 
 49.32  to be effective until the hearing on the alleged violation of 
 49.33  the prior order.  If the court finds that the respondent has 
 49.34  violated the prior order, the relief granted in the new order 
 49.35  for protection shall be extended for a fixed period, not to 
 49.36  exceed one year, except when the court determines a longer fixed 
 50.1   period is appropriate. 
 50.2      (g) The admittance into petitioner's dwelling of an abusing 
 50.3   party excluded from the dwelling under an order for protection 
 50.4   is not a violation by the petitioner of the order for protection.
 50.5      A peace officer is not liable under section 609.43, clause 
 50.6   (1), for a failure to perform a duty required by paragraph (b). 
 50.7      (h) When a person is convicted of violating an order for 
 50.8   protection under this section and the court determines that the 
 50.9   person used a firearm in any way during commission of the 
 50.10  violation, the court may order that the person is prohibited 
 50.11  from possessing any type of firearm for any period longer than 
 50.12  three years or for the remainder of the person's life.  A person 
 50.13  who violates this paragraph is guilty of a gross misdemeanor.  
 50.14  At the time of the conviction, the court shall inform the 
 50.15  defendant whether and for how long the defendant is prohibited 
 50.16  from possessing a firearm and that it is a gross misdemeanor to 
 50.17  violate this paragraph.  The failure of the court to provide 
 50.18  this information to a defendant does not affect the 
 50.19  applicability of the firearm possession prohibition or the gross 
 50.20  misdemeanor penalty to that defendant. 
 50.21     (i) Except as otherwise provided in paragraph (h), when a 
 50.22  person is convicted of violating an order for protection under 
 50.23  this section, the court shall inform the defendant that the 
 50.24  defendant is prohibited from possessing a pistol for three years 
 50.25  from the date of conviction and that it is a gross misdemeanor 
 50.26  offense to violate this prohibition.  The failure of the court 
 50.27  to provide this information to a defendant does not affect the 
 50.28  applicability of the pistol possession prohibition or the gross 
 50.29  misdemeanor penalty to that defendant. 
 50.30     (j) Except as otherwise provided in paragraph (h), a person 
 50.31  is not entitled to possess a pistol if the person has been 
 50.32  convicted after August 1, 1996, of violating an order for 
 50.33  protection under this section, unless three years have elapsed 
 50.34  from the date of conviction and, during that time, the person 
 50.35  has not been convicted of any other violation of this section.  
 50.36  Property rights may not be abated but access may be restricted 
 51.1   by the courts.  A person who possesses a pistol in violation of 
 51.2   this paragraph is guilty of a gross misdemeanor. 
 51.3      (k) If the court determines that a person convicted of 
 51.4   violating an order for protection under this section owns or 
 51.5   possesses a firearm and used it in any way during the commission 
 51.6   of the violation, it shall order that the firearm be summarily 
 51.7   forfeited under section 609.5316, subdivision 3. 
 51.8      Sec. 2.  Minnesota Statutes 1994, section 609.035, 
 51.9   subdivision 1, is amended to read: 
 51.10     Subdivision 1.  Except as provided in subdivision 2, 
 51.11  subdivision 3, and in sections 609.251, 609.585, 609.21, 
 51.12  subdivisions 3 and 4, 609.2691, 609.486, 609.494, and 609.856, 
 51.13  if a person's conduct constitutes more than one offense under 
 51.14  the laws of this state, the person may be punished for only one 
 51.15  of the offenses and a conviction or acquittal of any one of them 
 51.16  is a bar to prosecution for any other of them.  All the 
 51.17  offenses, if prosecuted, shall be included in one prosecution 
 51.18  which shall be stated in separate counts. 
 51.19     Sec. 3.  Minnesota Statutes 1994, section 609.035, is 
 51.20  amended by adding a subdivision to read: 
 51.21     Subd. 3.  [EXCEPTION; FIREARMS OFFENSES.] Notwithstanding 
 51.22  section 609.04, a prosecution for or conviction of a violation 
 51.23  of section 609.165, 624.713, subdivision 1, clause (a) or (b), 
 51.24  or 624.714, subdivision 1, is not a bar to conviction of or 
 51.25  punishment for any other crime committed by the defendant as 
 51.26  part of the same conduct.  Imposition of a sentence, whether 
 51.27  executed or stayed, for a violation of section 609.165, 624.713, 
 51.28  subdivision 1, clause (a) or (b), or 624.714, subdivision 1, 
 51.29  that is consecutive to a sentence imposed for another crime does 
 51.30  not constitute a departure from the sentencing guidelines. 
 51.31     Sec. 4.  Minnesota Statutes 1994, section 609.11, 
 51.32  subdivision 9, is amended to read: 
 51.33     Subd. 9.  [APPLICABLE OFFENSES.] The crimes for which 
 51.34  mandatory minimum sentences shall be served as provided in this 
 51.35  section are:  murder in the first, second, or third degree; 
 51.36  assault in the first, second, or third degree; burglary; 
 52.1   kidnapping; false imprisonment; manslaughter in the first or 
 52.2   second degree; aggravated robbery; simple robbery; criminal 
 52.3   sexual conduct under the circumstances described in sections 
 52.4   609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 
 52.5   1, clauses (a) to (f); and 609.344, subdivision 1, clauses (a) 
 52.6   to (e) and (h) to (j); escape from custody; arson in the first, 
 52.7   second, or third degree; drive-by shooting under section 609.66, 
 52.8   subdivision 1e; possession or other unlawful use of a firearm in 
 52.9   violation of section 609.165, subdivision 1b, or 624.713, 
 52.10  subdivision 1, clause (a) or (b), a felony violation of chapter 
 52.11  152; or any attempt to commit any of these offenses.  
 52.12     Sec. 5.  Minnesota Statutes 1995 Supplement, section 
 52.13  609.152, subdivision 1, is amended to read: 
 52.14     Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
 52.15  the following terms have the meanings given.  
 52.16     (b) "Conviction" means any of the following accepted and 
 52.17  recorded by the court:  a plea of guilty, a verdict of guilty by 
 52.18  a jury, or a finding of guilty by the court.  The term includes 
 52.19  a conviction by any court in Minnesota or another jurisdiction.  
 52.20     (c) "Prior conviction" means a conviction that occurred 
 52.21  before the offender committed the next felony resulting in a 
 52.22  conviction and before the offense for which the offender is 
 52.23  being sentenced under this section. 
 52.24     (d) "Violent crime" means a violation of or an attempt or 
 52.25  conspiracy to violate any of the following laws of this state or 
 52.26  any similar laws of the United States or any other state:  
 52.27  section 609.165; 609.185; 609.19; 609.195; 609.20; 609.205; 
 52.28  609.21; 609.221; 609.222; 609.223; 609.228; 609.235; 609.24; 
 52.29  609.245; 609.25; 609.255; 609.2661; 609.2662; 609.2663; 
 52.30  609.2664; 609.2665; 609.267; 609.2671; 609.268; 609.342; 
 52.31  609.343; 609.344; 609.345; 609.498, subdivision 1; 609.561; 
 52.32  609.562; 609.582, subdivision 1; 609.66, subdivision 1e; 
 52.33  609.687; 609.855, subdivision 5; any provision of sections 
 52.34  609.229; 609.377; 609.378; and 609.749; and 624.713 that is 
 52.35  punishable by a felony penalty; or any provision of chapter 152 
 52.36  that is punishable by a maximum sentence of 15 years or more. 
 53.1      Sec. 6.  Minnesota Statutes 1994, section 609.165, 
 53.2   subdivision 1a, is amended to read: 
 53.3      Subd. 1a.  [CERTAIN CONVICTED FELONS INELIGIBLE TO POSSESS 
 53.4   FIREARMS.] The order of discharge must provide that a person who 
 53.5   has been convicted of a crime of violence, as defined in section 
 53.6   624.712, subdivision 5, is not entitled to ship, transport, 
 53.7   possess, or receive:  (1) a pistol or semiautomatic 
 53.8   military-style assault weapon for the remainder of the person's 
 53.9   lifetime; or (2) any other type of firearm until ten years have 
 53.10  elapsed since the person was restored to civil rights and during 
 53.11  that time the person was not convicted of any other crime of 
 53.12  violence.  Any person who has received such a discharge and who 
 53.13  thereafter has received a relief of disability under United 
 53.14  States Code, title 18, section 925, shall not be subject to the 
 53.15  restrictions of this subdivision.  
 53.16     Sec. 7.  Minnesota Statutes 1994, section 609.165, 
 53.17  subdivision 1b, is amended to read: 
 53.18     Subd. 1b.  [VIOLATION AND PENALTY.] (a) Any person who has 
 53.19  been convicted of a crime of violence, as defined in section 
 53.20  624.712, subdivision 5, and who ships, transports, possesses, or 
 53.21  receives a pistol or semiautomatic military-style assault weapon 
 53.22  at any time, or who ships, transports, possesses, or receives 
 53.23  any other type of firearm in violation of subdivision 1a before 
 53.24  ten years have elapsed since the person was restored to civil 
 53.25  rights, commits a felony and may be sentenced to imprisonment 
 53.26  for not more than three 20 years or to payment of a fine of not 
 53.27  more than $6,000 $35,000, or both.  
 53.28     (b) Nothing in this section shall be construed to bar a 
 53.29  conviction and sentencing for a violation of section 624.713, 
 53.30  subdivision 1, clause (b) 2. 
 53.31     (c) When sentencing an offender for violating this section, 
 53.32  the court may impose consecutive sentences as permitted in 
 53.33  section 609.035, subdivision 3. 
 53.34     Sec. 8.  Minnesota Statutes 1995 Supplement, section 
 53.35  609.2242, subdivision 2, is amended to read: 
 53.36     Subd. 2.  [GROSS MISDEMEANOR.] Whoever violates subdivision 
 54.1   1: 
 54.2      (1) during the time period between a previous conviction 
 54.3   under this section or sections 609.221 to 609.2231, 609.224, 
 54.4   609.342 to 609.345, or 609.713 against a family or household 
 54.5   member as defined in section 518B.01, subdivision 2, and the end 
 54.6   of the five years following discharge from sentence for that 
 54.7   conviction; or 
 54.8      (2) knowing or having reason to know that a child under 18 
 54.9   years of age is present and likely to witness the violation, 
 54.10  is guilty of a gross misdemeanor and may be sentenced to 
 54.11  imprisonment for not more than one year or to payment of a fine 
 54.12  of not more than $3,000, or both. 
 54.13     Sec. 9.  Minnesota Statutes 1994, section 609.5316, 
 54.14  subdivision 3, is amended to read: 
 54.15     Subd. 3.  [WEAPONS AND BULLET-RESISTANT VESTS.] Weapons 
 54.16  used are contraband and must be summarily forfeited to the 
 54.17  appropriate agency upon conviction of the weapon's owner or 
 54.18  possessor for a controlled substance crime or; for any offense 
 54.19  of this chapter or chapter 624, or for a violation of an order 
 54.20  for protection under section 518B.01, subdivision 14.  
 54.21  Bullet-resistant vests, as defined in section 609.486, worn or 
 54.22  possessed during the commission or attempted commission of a 
 54.23  crime are contraband and must be summarily forfeited to the 
 54.24  appropriate agency upon conviction of the owner or possessor for 
 54.25  a controlled substance crime or for any offense of this 
 54.26  chapter.  Notwithstanding this subdivision, weapons used and 
 54.27  bullet-resistant vests worn or possessed may be forfeited 
 54.28  without a conviction under sections 609.531 to 609.5315. 
 54.29     Sec. 10.  Minnesota Statutes 1994, section 609.66, 
 54.30  subdivision 1a, is amended to read: 
 54.31     Subd. 1a.  [FELONY CRIMES; SILENCERS PROHIBITED; RECKLESS 
 54.32  DISCHARGE.] (a) Whoever does any of the following is guilty of a 
 54.33  felony and may be sentenced as provided in paragraph (b): 
 54.34     (1) sells or has in possession any device designed to 
 54.35  silence or muffle the discharge of a firearm; 
 54.36     (2) intentionally discharges a firearm under circumstances 
 55.1   that endanger the safety of another; or 
 55.2      (3) recklessly discharges a firearm within a municipality. 
 55.3      (b) A person convicted under paragraph (a) may be sentenced 
 55.4   as follows: 
 55.5      (1) if the act was a violation of paragraph (a), clause 
 55.6   (2), or if the act was a violation of paragraph (a), clause (1) 
 55.7   or (3) and was committed in a public housing zone, as defined in 
 55.8   section 152.01, subdivision 19, a school zone, as defined in 
 55.9   section 152.01, subdivision 14a, or a park zone, as defined in 
 55.10  section 152.01, subdivision 12a, to imprisonment for not more 
 55.11  than five years or to payment of a fine of not more than 
 55.12  $10,000, or both; or 
 55.13     (2) otherwise, to imprisonment for not more than two years 
 55.14  or to payment of a fine of not more than $5,000, or both. 
 55.15     Sec. 11.  Minnesota Statutes 1994, section 609.66, 
 55.16  subdivision 2, is amended to read: 
 55.17     Subd. 2.  [EXCEPTIONS.] Nothing in this section prohibits 
 55.18  the possession of the articles mentioned by museums or 
 55.19  collectors of art or for other lawful purposes of public 
 55.20  exhibition.  Nothing in this section prohibits the possession of 
 55.21  devices designed to silence or muffle the discharge of a firearm 
 55.22  by law enforcement officers in the course of their official 
 55.23  duties, or by any other person complying with the requirements 
 55.24  of United States Code, title 18, sections 921 to 930. 
 55.25     Sec. 12.  Minnesota Statutes 1994, section 609.666, 
 55.26  subdivision 1, is amended to read: 
 55.27     Subdivision 1.  [DEFINITIONS.] For purposes of this 
 55.28  section, the following words have the meanings given. 
 55.29     (a) "Firearm" means a device designed to be used as a 
 55.30  weapon, from which is expelled a projectile by the force of any 
 55.31  explosion or force of combustion. 
 55.32     (b) "Child" means a person under the age of 14 18 years. 
 55.33     (c) "Loaded" means the firearm has ammunition in the 
 55.34  chamber or magazine, if the magazine is in the firearm, unless 
 55.35  the firearm is incapable of being fired by a child who is likely 
 55.36  to gain access to the firearm. 
 56.1      Sec. 13.  Minnesota Statutes 1994, section 609.666, is 
 56.2   amended by adding a subdivision to read: 
 56.3      Subd. 4.  [NO ADMINISTRATIVE SEARCH.] Nothing in this 
 56.4   section or other law authorizes a government agency or official, 
 56.5   or a person authorized to act on behalf of a government agency 
 56.6   or official, to conduct an administrative search of a location 
 56.7   without a warrant to determine whether a person is complying 
 56.8   with this section. 
 56.9      Sec. 14.  Minnesota Statutes 1994, section 609.749, is 
 56.10  amended by adding a subdivision to read: 
 56.11     Subd. 8.  [STALKING; FIREARMS.] (a) When a person is 
 56.12  convicted of a harassment or stalking crime under this section 
 56.13  and the court determines that the person used a firearm in any 
 56.14  way during commission of the crime, the court may order that the 
 56.15  person is prohibited from possessing any type of firearm for any 
 56.16  period longer than three years or for the remainder of the 
 56.17  person's life.  A person who violates this paragraph is guilty 
 56.18  of a gross misdemeanor.  At the time of the conviction, the 
 56.19  court shall inform the defendant whether and for how long the 
 56.20  defendant is prohibited from possessing a firearm and that it is 
 56.21  a gross misdemeanor to violate this paragraph.  The failure of 
 56.22  the court to provide this information to a defendant does not 
 56.23  affect the applicability of the firearm possession prohibition 
 56.24  or the gross misdemeanor penalty to that defendant. 
 56.25     (b) Except as otherwise provided in paragraph (a), when a 
 56.26  person is convicted of a stalking or harassment crime under this 
 56.27  section, the court shall inform the defendant that the defendant 
 56.28  is prohibited from possessing a pistol for three years from the 
 56.29  date of conviction and that it is a gross misdemeanor offense to 
 56.30  violate this prohibition.  The failure of the court to provide 
 56.31  this information to a defendant does not affect the 
 56.32  applicability of the pistol possession prohibition or the gross 
 56.33  misdemeanor penalty to that defendant. 
 56.34     (c) Except as otherwise provided in paragraph (a), a person 
 56.35  is not entitled to possess a pistol if the person has been 
 56.36  convicted after August 1, 1996, of a stalking or harassment 
 57.1   crime under this section, unless three years have elapsed from 
 57.2   the date of conviction and, during that time, the person has not 
 57.3   been convicted of any other violation of this section.  Property 
 57.4   rights may not be abated but access may be restricted by the 
 57.5   courts.  A person who possesses a pistol in violation of this 
 57.6   paragraph is guilty of a gross misdemeanor. 
 57.7      (d) If the court determines that a person convicted of a 
 57.8   stalking or harassment crime under this section owns or 
 57.9   possesses a firearm and used it in any way during the commission 
 57.10  of the crime, it shall order that the firearm be summarily 
 57.11  forfeited under section 609.5316, subdivision 3. 
 57.12     Sec. 15.  Minnesota Statutes 1994, section 609.855, 
 57.13  subdivision 5, is amended to read: 
 57.14     Subd. 5.  [SHOOTING AT OR IN PUBLIC TRANSIT VEHICLE OR 
 57.15  FACILITY.] Whoever recklessly discharges a firearm at or in any 
 57.16  portion of a public transit vehicle or facility is guilty of a 
 57.17  felony and may be sentenced to imprisonment for not more than 
 57.18  three years or to payment of a fine of not more than $6,000, or 
 57.19  both.  If the transit vehicle or facility is occupied by any 
 57.20  person other than the offender, the person may be sentenced to 
 57.21  imprisonment for not more than five years or to payment of a 
 57.22  fine of not more than $10,000, or both. 
 57.23     Sec. 16.  Minnesota Statutes 1995 Supplement, section 
 57.24  624.712, subdivision 5, is amended to read: 
 57.25     Subd. 5.  [CRIME OF VIOLENCE.] "Crime of violence" includes 
 57.26  murder in the first, second, and third degrees, manslaughter in 
 57.27  the first and second degrees, aiding suicide, aiding attempted 
 57.28  suicide, felony violations of assault in the first, second, 
 57.29  third, and fourth degrees, assaults motivated by bias under 
 57.30  section 609.2231, subdivision 4, drive by shootings, terroristic 
 57.31  threats, use of drugs to injure or to facilitate crime, crimes 
 57.32  committed for the benefit of a gang, commission of a crime while 
 57.33  wearing or possessing a bullet-resistant vest, simple robbery, 
 57.34  aggravated robbery, kidnapping, false imprisonment, criminal 
 57.35  sexual conduct in the first, second, third, and fourth degrees, 
 57.36  theft of a firearm, felony theft involving the intentional 
 58.1   taking or driving of a motor vehicle without the consent of the 
 58.2   owner or the authorized agent of the owner, felony theft 
 58.3   involving the taking of property from a burning, abandoned, or 
 58.4   vacant building, or from an area of destruction caused by civil 
 58.5   disaster, riot, bombing, or the proximity of battle, felony 
 58.6   theft involving the theft of a controlled substance, an 
 58.7   explosive, or an incendiary device, arson in the first and 
 58.8   second degrees, riot, burglary in the first, second, third, and 
 58.9   fourth degrees, harassment and stalking, shooting at a public 
 58.10  transit vehicle or facility, reckless use of a gun or dangerous 
 58.11  weapon, intentionally pointing a gun at or towards a human 
 58.12  being, setting a spring gun, and unlawfully owning, possessing, 
 58.13  operating a machine gun or short-barreled shotgun, and an 
 58.14  attempt to commit any of these offenses, as each of those 
 58.15  offenses is defined in chapter 609.  "Crime of violence" also 
 58.16  includes felony violations of the following:  malicious 
 58.17  punishment of a child; neglect or endangerment of a child; and 
 58.18  chapter 152. 
 58.19     Sec. 17.  Minnesota Statutes 1994, section 624.713, 
 58.20  subdivision 2, is amended to read: 
 58.21     Subd. 2.  [PENALTIES.] (a) A person named in subdivision 1, 
 58.22  clause (a) or (b), who possesses a pistol or semiautomatic 
 58.23  military-style assault weapon is guilty of a felony and may be 
 58.24  sentenced to imprisonment for not more than five years or to 
 58.25  payment of a fine of not more than $10,000, or both.  A person 
 58.26  named in subdivision 1, clause (b), who possesses any type of 
 58.27  firearm is guilty of a felony and may be sentenced to 
 58.28  imprisonment for not more than 20 years or to payment of a fine 
 58.29  of not more than $35,000, or both.  A person named in any other 
 58.30  clause of subdivision 1 who possesses a pistol or semiautomatic 
 58.31  military-style assault weapon any type of firearm is guilty of a 
 58.32  gross misdemeanor.  
 58.33     (b) When sentencing an offender for violating this section, 
 58.34  the court may impose consecutive sentences as permitted in 
 58.35  section 609.035, subdivision 3. 
 58.36     Sec. 18.  Minnesota Statutes 1994, section 624.7132, 
 59.1   subdivision 8, is amended to read: 
 59.2      Subd. 8.  [REPORT NOT REQUIRED.] If the proposed transferee 
 59.3   presents a valid transferee permit issued under section 624.7131 
 59.4   or a valid permit to carry issued under section 624.714, or if 
 59.5   the transferee is a licensed peace officer, as defined in 
 59.6   section 626.84, subdivision 1 the transferor need not file a 
 59.7   transfer report. 
 59.8      Sec. 19.  Minnesota Statutes 1994, section 624.714, 
 59.9   subdivision 1, is amended to read: 
 59.10     Subdivision 1.  [PENALTY.] (a) A person, other than a law 
 59.11  enforcement officer who has authority to make arrests other than 
 59.12  citizens arrests, who carries, holds, or possesses a pistol in a 
 59.13  motor vehicle, snowmobile or boat, or on or about the person's 
 59.14  clothes or the person, or otherwise in possession or control in 
 59.15  a public place or public area without first having obtained a 
 59.16  permit to carry the pistol is guilty of a gross misdemeanor.  A 
 59.17  person who is convicted a second or subsequent time is guilty of 
 59.18  a felony and may be sentenced to imprisonment for not more than 
 59.19  five years or to payment of a fine of not more than $10,000, or 
 59.20  both.  
 59.21     (b) A person who has been issued a permit and who engages 
 59.22  in activities other than those for which the permit has been 
 59.23  issued, is guilty of a misdemeanor. 
 59.24     (c) When sentencing an offender for violating this section, 
 59.25  the court may impose consecutive sentences as permitted in 
 59.26  section 609.035, subdivision 3. 
 59.27     Sec. 20.  Minnesota Statutes 1994, section 624.714, 
 59.28  subdivision 5, is amended to read: 
 59.29     Subd. 5.  [GRANTING OF PERMITS.] No permit to carry shall 
 59.30  be granted to a person unless the applicant: 
 59.31     (a) (1) is not a person prohibited by section 624.713 from 
 59.32  possessing a pistol; 
 59.33     (b) (2) is not a person who has been convicted of violating 
 59.34  subdivision 1; 
 59.35     (3) provides a firearms safety certificate recognized by 
 59.36  the department of natural resources, evidence of successful 
 60.1   completion of a test of ability to use a firearm supervised by 
 60.2   the chief of police or sheriff or other satisfactory proof of 
 60.3   ability to use a pistol safely; and 
 60.4      (c) (4) has an occupation or personal safety hazard 
 60.5   requiring a permit to carry. 
 60.6      Sec. 21.  Minnesota Statutes 1994, section 624.7141, is 
 60.7   amended to read: 
 60.8      624.7141 [TRANSFER TO INELIGIBLE PERSON.] 
 60.9      Subdivision 1.  [TRANSFER PROHIBITED.] Except as otherwise 
 60.10  provided in subdivision 2, a person is guilty of a gross 
 60.11  misdemeanor who intentionally transfers a pistol or 
 60.12  semiautomatic military-style assault weapon to another if the 
 60.13  person knows that the transferee: 
 60.14     (1) has been denied a permit to carry under section 624.714 
 60.15  because the transferee is not eligible under section 624.713 to 
 60.16  possess a pistol or semiautomatic military-style assault weapon; 
 60.17     (2) has been found ineligible to possess a pistol or 
 60.18  semiautomatic military-style assault weapon by a chief of police 
 60.19  or sheriff as a result of an application for a transferee permit 
 60.20  or a transfer report; or 
 60.21     (3) is disqualified under section 624.713 from possessing a 
 60.22  pistol or semiautomatic military-style assault weapon. 
 60.23     Subd. 2.  [FELONY.] A violation of this section is a felony 
 60.24  if:  
 60.25     (1) the transferee is a minor; or 
 60.26     (2) the transferee possesses or uses the weapon within one 
 60.27  year after the transfer in furtherance of a felony crime of 
 60.28  violence. 
 60.29     Subd. 3.  [SUBSEQUENT ELIGIBILITY.] This section is not 
 60.30  applicable to a transfer to a person who became eligible to 
 60.31  possess a pistol or semiautomatic military-style assault weapon 
 60.32  under section 624.713 after the transfer occurred but before the 
 60.33  transferee used or possessed the weapon in furtherance of any 
 60.34  crime. 
 60.35     Sec. 22.  Minnesota Statutes 1994, section 638.02, 
 60.36  subdivision 2, is amended to read: 
 61.1      Subd. 2.  Any person, convicted of a crime in any court of 
 61.2   this state, who has served the sentence imposed by the court and 
 61.3   has been discharged of the sentence either by order of court or 
 61.4   by operation of law, may petition the board of pardons for the 
 61.5   granting of a pardon extraordinary.  Unless the board of pardons 
 61.6   expressly provides otherwise in writing by unanimous vote, the 
 61.7   application for a pardon extraordinary may not be filed until 
 61.8   the applicable time period in clause (1) or (2) has elapsed: 
 61.9      (1) if the person was convicted of a crime of violence as 
 61.10  defined in section 624.712, subdivision 5, ten years must have 
 61.11  elapsed since the sentence was discharged and during that time 
 61.12  the person must not have been convicted of any other crime; and 
 61.13     (2) if the person was convicted of any crime not included 
 61.14  within the definition of crime of violence under section 
 61.15  624.712, subdivision 5, five years must have elapsed since the 
 61.16  sentence was discharged and during that time the person must not 
 61.17  have been convicted of any other crime.  
 61.18  If the board of pardons determines that the person is of good 
 61.19  character and reputation, the board may, in its discretion, 
 61.20  grant the person a pardon extraordinary.  The pardon 
 61.21  extraordinary, when granted, has the effect of setting aside and 
 61.22  nullifying the conviction and of purging the person of it, and 
 61.23  the person shall never after that be required to disclose the 
 61.24  conviction at any time or place other than in a judicial 
 61.25  proceeding or as part of the licensing process for peace 
 61.26  officers. 
 61.27     The application for a pardon extraordinary, the proceedings 
 61.28  to review an application, and the notice requirements are 
 61.29  governed by the statutes and the rules of the board in respect 
 61.30  to other proceedings before the board.  The application shall 
 61.31  contain any further information that the board may require.  
 61.32     Unless the board of pardons expressly provides otherwise in 
 61.33  writing by unanimous vote, if the person was convicted of a 
 61.34  crime of violence, as defined in section 624.712, subdivision 5, 
 61.35  the pardon extraordinary must expressly provide that the pardon 
 61.36  does not entitle the person:  (1) to ever ship, transport, 
 62.1   possess, or receive a pistol or semiautomatic military-style 
 62.2   assault weapon; or (2) to ship, transport, possess, or receive 
 62.3   any other type of firearm until ten years have elapsed since the 
 62.4   sentence was discharged and during that time the person was not 
 62.5   convicted of any other crime of violence.  
 62.6      Sec. 23.  [EFFECTIVE DATE.] 
 62.7      Sections 1 to 22 are effective August 1, 1996, and apply to 
 62.8   offenses committed on or after that date. 
 62.9                              ARTICLE 5 
 62.10                       COMMUNITY NOTIFICATION 
 62.11     Section 1.  [LEGISLATIVE FINDINGS AND PURPOSE.] 
 62.12     The legislature finds that if members of the public are 
 62.13  provided adequate notice and information about a sex offender 
 62.14  who has been or is about to be released from custody and who 
 62.15  lives or will live in or near their neighborhood, the community 
 62.16  can develop constructive plans to prepare themselves and their 
 62.17  children for the offender's release. 
 62.18     Sec. 2.  Minnesota Statutes 1995 Supplement, section 
 62.19  243.166, subdivision 1, is amended to read: 
 62.20     Subdivision 1.  [REGISTRATION REQUIRED.] (a) A person shall 
 62.21  register under this section if:  
 62.22     (1) the person was charged with or petitioned for a felony 
 62.23  violation of or attempt to violate any of the following, and 
 62.24  convicted of or adjudicated delinquent for that offense or of 
 62.25  another offense arising out of the same set of circumstances: 
 62.26     (i) murder under section 609.185, clause (2); 
 62.27     (ii) kidnapping under section 609.25, involving a minor 
 62.28  victim; or 
 62.29     (iii) criminal sexual conduct under section 609.342; 
 62.30  609.343; 609.344; or 609.345; or 
 62.31     (2) the person was charged with or petitioned for using a 
 62.32  minor in a sexual performance in violation of section 617.246, 
 62.33  or possessing pictorial representations of minors in violation 
 62.34  of section 617.247, and convicted of or adjudicated delinquent 
 62.35  for that offense or another offense arising out of the same set 
 62.36  of circumstances; or 
 63.1      (3) the person was convicted of a predatory crime as 
 63.2   defined in section 609.1352, and the offender was sentenced as a 
 63.3   patterned sex offender or the court found on its own motion or 
 63.4   that of the prosecutor that the crime was part of a predatory 
 63.5   pattern of behavior that had criminal sexual conduct as its 
 63.6   goal; or 
 63.7      (3) (4) the person was convicted of or adjudicated 
 63.8   delinquent for violating a law of the United States similar to 
 63.9   the offenses described in clause (1) or, (2), or (3). 
 63.10     (b) A person also shall register under this section if: 
 63.11     (1) the person was convicted of or adjudicated delinquent 
 63.12  in another state for an offense that would be a violation of a 
 63.13  law described in paragraph (a) if committed in this state; 
 63.14     (2) the person enters and remains in this state for 30 days 
 63.15  or longer; and 
 63.16     (3) ten years have not elapsed since the person was 
 63.17  released from confinement or, if the person was not confined, 
 63.18  since the person was convicted of or adjudicated delinquent for 
 63.19  the offense that triggers registration.  
 63.20     (c) A person also shall register under this section if the 
 63.21  person was committed pursuant to a court commitment order under 
 63.22  section 253B.185 or Minnesota Statutes 1992, section 526.10, 
 63.23  regardless of whether the person was convicted of any offense. 
 63.24     Sec. 3.  Minnesota Statutes 1995 Supplement, section 
 63.25  243.166, subdivision 7, is amended to read: 
 63.26     Subd. 7.  [USE OF INFORMATION.] Except as otherwise 
 63.27  provided in section 244.052, the information provided under this 
 63.28  section is private data on individuals under section 13.01, 
 63.29  subdivision 12.  The information may be used only for law 
 63.30  enforcement purposes.  
 63.31     Sec. 4.  [244.052] [SEX OFFENDERS; NOTICE.] 
 63.32     Subdivision 1.  [DEFINITIONS.] As used in this section:  
 63.33     (1) "accepted for supervision" means accepted from another 
 63.34  state under a reciprocal agreement under the interstate compact 
 63.35  authorized by section 243.16; 
 63.36     (2) "confinement" means confinement in a state correctional 
 64.1   facility or a state treatment facility; 
 64.2      (3) "law enforcement agency" means the law enforcement 
 64.3   agency having primary jurisdiction over the location where the 
 64.4   offender expects to reside upon release; and 
 64.5      (4) "sex offender" and "offender" mean a person who has 
 64.6   been convicted of an offense for which registration under 
 64.7   section 243.166 is required or a person who has been committed 
 64.8   pursuant to a court commitment order under section 253B.185 or 
 64.9   Minnesota Statutes 1992, section 526.10, regardless of whether 
 64.10  the person was convicted of any offense. 
 64.11     Subd. 2.  [RISK ASSESSMENT SCALE.] By January 1, 1997, the 
 64.12  commissioner of corrections shall develop a risk assessment 
 64.13  scale which assigns weights to the various risk factors listed 
 64.14  in subdivision 3, paragraph (g), and specifies the risk level to 
 64.15  which offenders with various risk assessment scores shall be 
 64.16  assigned.  In developing this scale, the commissioner shall 
 64.17  consult with county attorneys, treatment professionals, law 
 64.18  enforcement officials, and probation officers. 
 64.19     Subd. 3.  [END-OF-CONFINEMENT REVIEW COMMITTEE.] (a) The 
 64.20  commissioner of corrections shall establish and administer 
 64.21  end-of-confinement review committees at each state correctional 
 64.22  facility and at each state treatment facility where sex 
 64.23  offenders are confined.  The committees shall assess on a 
 64.24  case-by-case basis: 
 64.25     (1) the public risk posed by sex offenders who are about to 
 64.26  be released from confinement; and 
 64.27     (2) the public risk posed by sex offenders who are accepted 
 64.28  from another state under a reciprocal agreement under the 
 64.29  interstate compact authorized by section 243.16.  
 64.30     (b) Each committee shall be a standing committee and shall 
 64.31  consist of the following members appointed by the commissioner: 
 64.32     (1) the chief executive officer or head of the correctional 
 64.33  or treatment facility where the offender is currently confined, 
 64.34  or that person's designee; 
 64.35     (2) a law enforcement officer; 
 64.36     (3) a treatment professional who is trained in the 
 65.1   assessment of sex offenders; 
 65.2      (4) a caseworker experienced in supervising sex offenders; 
 65.3   and 
 65.4      (5) a representative from a victim advocacy organization. 
 65.5   The chief executive officer or head of the facility or designee 
 65.6   shall act as chair of the committee and shall use the facility's 
 65.7   staff, as needed, to administer the committee, obtain necessary 
 65.8   information from outside sources, and prepare risk assessment 
 65.9   reports on offenders. 
 65.10     (c) The committee shall have access to the following data 
 65.11  on a sex offender only for the purposes of its assessment under 
 65.12  this section: 
 65.13     (1) private medical data under section 13.42; 
 65.14     (2) private and confidential court services data under 
 65.15  section 13.84; 
 65.16     (3) private and confidential corrections data under section 
 65.17  13.85; and 
 65.18     (4) private criminal history data under section 13.87. 
 65.19     Data collected and maintained by the committee under this 
 65.20  paragraph may not be disclosed outside the committee. 
 65.21     (d) At least 90 days before a sex offender is to be 
 65.22  released from confinement or accepted for supervision, the 
 65.23  commissioner of corrections shall convene the appropriate 
 65.24  end-of-confinement review committee for the purpose of assessing 
 65.25  the risk presented by the offender and determining the risk 
 65.26  level to which the offender shall be assigned under paragraph 
 65.27  (e).  The offender shall be notified of the time and place of 
 65.28  the committee's meeting and has a right to be present and be 
 65.29  heard at the meeting.  The committee shall use the risk factors 
 65.30  described in paragraph (g) and the risk assessment scale 
 65.31  developed under subdivision 2 to determine the offender's risk 
 65.32  assessment score and risk level.  Offenders scheduled for 
 65.33  release from confinement shall be assessed by the committee 
 65.34  established at the facility from which the offender is to be 
 65.35  released.  Offenders accepted for supervision shall be assessed 
 65.36  by whichever committee the commissioner directs. 
 66.1      (e) The committee shall assign to risk level I a sex 
 66.2   offender whose risk assessment score indicates a low risk of 
 66.3   reoffense.  The committee shall assign to risk level II an 
 66.4   offender whose risk assessment score indicates a moderate risk 
 66.5   of reoffense.  The committee shall assign to risk level III an 
 66.6   offender whose risk assessment score indicates a high risk of 
 66.7   reoffense. 
 66.8      (f) Before the sex offender is released from confinement or 
 66.9   accepted for supervision, the committee shall prepare a risk 
 66.10  assessment report which specifies the risk level to which the 
 66.11  offender has been assigned and the reasons underlying the 
 66.12  committee's risk assessment decision.  The committee shall give 
 66.13  the report to the offender and to the law enforcement agency at 
 66.14  least 60 days before an offender is released from confinement or 
 66.15  accepted for supervision.  The committee also shall inform the 
 66.16  offender of the availability of review under subdivision 6. 
 66.17     (g) As used in this subdivision, "risk factors" includes, 
 66.18  but is not limited to, the following factors: 
 66.19     (1) the seriousness of the offense should the offender 
 66.20  reoffend.  This factor includes consideration of the following:  
 66.21  (i) the degree of likely force or harm; (ii) the degree of 
 66.22  likely physical contact; and (iii) the age of the likely victim; 
 66.23     (2) the offender's prior offense history.  This factor 
 66.24  includes consideration of the following:  (i) the relationship 
 66.25  of prior victims to the offender; (ii) the number of prior 
 66.26  offenses or victims; (iii) the duration of the offender's prior 
 66.27  offense history; (iv) the length of time since the offender's 
 66.28  last prior offense, while the offender was at risk to commit 
 66.29  offenses; and (v) the offender's prior history of other 
 66.30  antisocial acts; 
 66.31     (3) the offender's characteristics.  This factor includes 
 66.32  consideration of the following:  (i) the offender's response to 
 66.33  prior treatment efforts; and (ii) the offender's history of 
 66.34  substance abuse; 
 66.35     (4) the availability of community supports to the offender. 
 66.36  This factor includes consideration of the following:  (i) the 
 67.1   availability and likelihood that the offender will be involved 
 67.2   in therapeutic treatment; (ii) the availability of residential 
 67.3   supports to the offender, such as a stable and supervised living 
 67.4   arrangement in an appropriate location; (iii) the offender's 
 67.5   familial and social relationships, including the nature and 
 67.6   length of these relationships and the level of support that the 
 67.7   offender may receive from these persons; and (iv) the offender's 
 67.8   lack of education or employment stability; 
 67.9      (5) whether the offender has indicated or credible evidence 
 67.10  in the record indicates that the offender will reoffend if 
 67.11  released into the community; and 
 67.12     (6) whether the offender demonstrates a physical condition 
 67.13  that minimizes the risk of reoffense, including but not limited 
 67.14  to, advanced age or a debilitating illness or physical condition.
 67.15     (h) Upon the request of the law enforcement agency or the 
 67.16  offender's corrections agent, the commissioner may reconvene the 
 67.17  end-of-confinement review committee for the purpose of 
 67.18  reassessing the risk level to which an offender has been 
 67.19  assigned under paragraph (e).  In a request for a reassessment, 
 67.20  the law enforcement agency or agent shall list the facts and 
 67.21  circumstances arising after the initial assignment under 
 67.22  paragraph (e) which support the request for a reassessment.  
 67.23  Upon review of the request, the end-of-confinement review 
 67.24  committee may reassign an offender to a different risk level.  
 67.25  If the offender is reassigned to a higher risk level, the 
 67.26  offender has the right to seek review of the committee's 
 67.27  determination under subdivision 6. 
 67.28     (i) An offender may request the end-of-confinement review 
 67.29  committee to reassess the offender's assigned risk level after 
 67.30  two years have elapsed since the committee's initial risk 
 67.31  assessment and may renew the request once every two years 
 67.32  following subsequent denials.  In a request for reassessment, 
 67.33  the offender shall list the facts and circumstances which 
 67.34  demonstrate that the offender no longer poses the same degree of 
 67.35  risk to the community.  The committee shall follow the process 
 67.36  outlined in paragraphs (a) to (e), and (g) in the reassessment.  
 68.1      Subd. 4.  [LAW ENFORCEMENT AGENCY; DISCLOSURE OF 
 68.2   INFORMATION TO PUBLIC.] (a) The law enforcement agency in the 
 68.3   area where the sex offender resides, expects to reside, is 
 68.4   employed, or is regularly found, is authorized to disclose 
 68.5   information to the public regarding the offender if the agency 
 68.6   determines that disclosure of the information is relevant and 
 68.7   necessary to protect the public and to counteract the offender's 
 68.8   dangerousness.  The extent of the information disclosed and the 
 68.9   community to whom disclosure is made must relate to the level of 
 68.10  danger posed by the offender and to the need of community 
 68.11  members for information to enhance their individual and 
 68.12  collective safety. 
 68.13     (b) The law enforcement agency shall consider the following 
 68.14  guidelines in determining the scope of disclosure made under 
 68.15  this subdivision: 
 68.16     (1) if the offender is assigned to risk level I, the agency 
 68.17  may maintain information regarding the offender within the 
 68.18  agency and may disclose it to other law enforcement agencies.  
 68.19  Additionally, the agency may disclose the information to any 
 68.20  victims of or witnesses to the offense committed by the offender.
 68.21  The agency shall disclose the information to victims of the 
 68.22  offense committed by the offender who have requested disclosure; 
 68.23     (2) if the offender is assigned to risk level II, the 
 68.24  agency also may disclose the information to the following 
 68.25  agencies and groups that the offender is likely to encounter:  
 68.26  public and private educational institutions; day care 
 68.27  establishments; and establishments and organizations that 
 68.28  primarily serve children or women; 
 68.29     (3) if the offender is assigned to risk level III, the 
 68.30  agency also may disclose the information to other members of the 
 68.31  community whom the offender is likely to encounter. 
 68.32     Notwithstanding the assignment of a sex offender to risk 
 68.33  level II or III, a law enforcement agency may not make the 
 68.34  disclosures permitted by clause (2) or (3), if:  the offender is 
 68.35  placed or resides in a residential facility that is licensed as 
 68.36  a residential program, as defined in section 245A.02, 
 69.1   subdivision 14, by the commissioner of human services under 
 69.2   chapter 254A, or the commissioner of corrections under section 
 69.3   241.021; and the facility and its staff are trained in the 
 69.4   supervision of sex offenders.  However, if an offender is placed 
 69.5   or resides in a licensed facility, the head of the facility 
 69.6   shall notify the law enforcement agency before the end of the 
 69.7   offender's placement or residence in the facility.  Upon 
 69.8   receiving this notification, the law enforcement agency may make 
 69.9   the disclosures permitted by clause (2) or (3), as appropriate. 
 69.10     (c) As used in paragraph (b), clauses (2) and (3), "likely 
 69.11  to encounter" means that:  (1) the organizations or community 
 69.12  members are in a location or in close proximity to a location 
 69.13  where the offender lives or is employed, or which the offender 
 69.14  visits or is likely to visit on a regular basis, other than the 
 69.15  location of the offender's outpatient treatment program; and (2) 
 69.16  the types of interaction which ordinarily occur at that location 
 69.17  and other circumstances indicate that contact with the offender 
 69.18  is reasonably certain. 
 69.19     (d) A law enforcement agency or official who decides to 
 69.20  disclose information under this subdivision shall make a good 
 69.21  faith effort to make the notification at least 14 days before an 
 69.22  offender is released from confinement or accepted for 
 69.23  supervision.  If a change occurs in the release plan, this 
 69.24  notification provision does not require an extension of the 
 69.25  release date.  
 69.26     Subd. 5.  [RELEVANT INFORMATION PROVIDED TO LAW 
 69.27  ENFORCEMENT.] At least 60 days before a sex offender is released 
 69.28  from confinement or accepted for supervision, the department of 
 69.29  corrections or the department of human services, in the case of 
 69.30  a person who was committed under section 253B.185 or Minnesota 
 69.31  Statutes 1992, section 526.10, shall provide the appropriate law 
 69.32  enforcement agency all relevant information that the departments 
 69.33  have concerning the offender, including information on risk 
 69.34  factors in the offender's history. 
 69.35     Subd. 6.  [ADMINISTRATIVE REVIEW.] (a) An offender assigned 
 69.36  or reassigned to risk level II or III under subdivision 3, 
 70.1   paragraph (e) or (h), has the right to seek administrative 
 70.2   review of an end-of-confinement review committee's risk 
 70.3   assessment determination.  The offender must exercise this right 
 70.4   within 14 days of receiving notice of the committee's decision 
 70.5   by notifying the chair of the committee.  Upon receiving the 
 70.6   request for administrative review, the chair shall notify the 
 70.7   offender, the victim or victims of the offender's offense or 
 70.8   their designee, the law enforcement agency, and any other 
 70.9   individuals the chair may select, of the time and place of the 
 70.10  hearing.  A request for a review hearing shall not interfere 
 70.11  with or delay the notification process under subdivision 4 or 5. 
 70.12     (b) An offender who requests a review hearing must be given 
 70.13  a reasonable opportunity to prepare for the hearing.  The review 
 70.14  hearing shall be conducted on the record before an 
 70.15  administrative law judge.  The attorney general or a designee 
 70.16  shall defend the end-of-confinement review committee's 
 70.17  determination.  The offender has the right to be present and be 
 70.18  represented by counsel at the hearing, to present evidence in 
 70.19  support of the offender's position, to call supporting witnesses 
 70.20  and to cross-examine witnesses testifying in support of the 
 70.21  committee's determination.  Counsel for indigent offenders shall 
 70.22  be provided by the Legal Advocacy Project of the state public 
 70.23  defender's office.  
 70.24     (c) After the hearing is concluded, the administrative law 
 70.25  judge shall either uphold or modify the end-of-confinement 
 70.26  review committee's risk level determination.  The judge's 
 70.27  decision shall be in writing and shall include the judge's 
 70.28  reasons for the decision.  The judge's decision shall be final 
 70.29  and a copy of it shall be given to the offender, the victim, the 
 70.30  law enforcement agency, and the chair of the end-of-confinement 
 70.31  review committee. 
 70.32     (d) The review hearing is not subject to the contested case 
 70.33  provisions of chapter 14. 
 70.34     Subd. 7.  [IMMUNITY FROM LIABILITY.] A state or local 
 70.35  agency or official, or a private organization or individual 
 70.36  authorized to act on behalf of a state or local agency or 
 71.1   official, is not civilly or criminally liable for disclosing or 
 71.2   failing to disclose information as permitted by this section.  
 71.3      Subd. 8.  [LIMITATION ON SCOPE.] Nothing in this section 
 71.4   imposes a duty upon a person licensed under chapter 82, or an 
 71.5   employee of the person, to disclose information regarding an 
 71.6   offender who is required to register under section 243.166, or 
 71.7   about whom notification is made under this section. 
 71.8      Sec. 5.  [244.053] [NOTICE OF RELEASE OF CERTAIN 
 71.9   OFFENDERS.] 
 71.10     Subdivision 1.  [NOTICE OF IMPENDING RELEASE.] At least 60 
 71.11  days before the release of any inmate convicted of an offense 
 71.12  requiring registration under section 243.166, the commissioner 
 71.13  of corrections shall send written notice of the impending 
 71.14  release to the sheriff of the county and the police chief of the 
 71.15  city in which the inmate will reside or in which placement will 
 71.16  be made in a work release program.  The sheriff of the county 
 71.17  where the offender was convicted also shall be notified of the 
 71.18  inmate's impending release. 
 71.19     Subd. 2.  [ADDITIONAL NOTICE.] The same notice shall be 
 71.20  sent to the following persons concerning a specific inmate 
 71.21  convicted of an offense requiring registration under section 
 71.22  243.166: 
 71.23     (1) the victim of the crime for which the inmate was 
 71.24  convicted or a deceased victim's next of kin if the victim or 
 71.25  deceased victim's next of kin requests the notice in writing; 
 71.26     (2) any witnesses who testified against the inmate in any 
 71.27  court proceedings involving the offense, if the witness requests 
 71.28  the notice in writing; and 
 71.29     (3) any person specified in writing by the prosecuting 
 71.30  attorney. 
 71.31     The notice sent to victims under clause (1) must inform the 
 71.32  person that the person has the right to request and receive 
 71.33  information about the offender authorized for disclosure under 
 71.34  the community notification provisions of section 244.052. 
 71.35     If the victim or witness is under the age of 16, the notice 
 71.36  required by this section shall be sent to the parents or legal 
 72.1   guardian of the child.  The commissioner shall send the notices 
 72.2   required by this provision to the last address provided to the 
 72.3   commissioner by the requesting party.  The requesting party 
 72.4   shall furnish the commissioner with a current address.  
 72.5   Information regarding witnesses requesting the notice, 
 72.6   information regarding any other person specified in writing by 
 72.7   the prosecuting attorney to receive the notice, and the notice 
 72.8   are private data on individuals, as defined in section 13.02, 
 72.9   subdivision 12, and are not available to the inmate. 
 72.10     The notice to victims provided under this subdivision does 
 72.11  not limit the victim's right to request notice of release under 
 72.12  section 611A.06. 
 72.13     Subd. 3.  [NO EXTENSION OF RELEASE DATE.] The existence of 
 72.14  the notice requirements contained in this section shall in no 
 72.15  event require an extension of the release date. 
 72.16     Sec. 6.  Minnesota Statutes 1994, section 244.10, is 
 72.17  amended by adding a subdivision to read: 
 72.18     Subd. 2a.  [NOTICE OF INFORMATION REGARDING SEX 
 72.19  OFFENDERS.] (a) In any case in which a person is convicted of an 
 72.20  offense which requires registration under section 243.166, 
 72.21  subdivision 1, and the presumptive sentence under the sentencing 
 72.22  guidelines is commitment to the custody of the commissioner of 
 72.23  corrections, if the court grants a dispositional departure and 
 72.24  stays imposition or execution of sentence, the probation or 
 72.25  court services officer who is assigned to supervise the offender 
 72.26  shall provide in writing to the following the fact that the 
 72.27  offender is on probation and the terms and conditions of 
 72.28  probation: 
 72.29     (1) a victim of and any witnesses to the offense committed 
 72.30  by the offender, if the victim or the witness has requested 
 72.31  notice; and 
 72.32     (2) the chief law enforcement officer in the area where the 
 72.33  offender resides or intends to reside. 
 72.34     The probation officer is not required under this 
 72.35  subdivision to provide any notice while the offender is placed 
 72.36  or resides in a residential facility that is licensed under 
 73.1   section 245A.02, subdivision 14, or section 241.021, if the 
 73.2   facility staff is trained in the supervision of sex offenders. 
 73.3      (b) The notice authorized by paragraph (a) shall be limited 
 73.4   to data classified as public under section 13.84, subdivision 6, 
 73.5   unless the offender provides informed consent to authorize the 
 73.6   release of nonpublic data or unless a court order authorizes the 
 73.7   release of nonpublic data. 
 73.8      (c) Nothing in this subdivision shall be interpreted to 
 73.9   impose a duty on any person to use any information regarding an 
 73.10  offender about whom notification is made under this subdivision. 
 73.11     Sec. 7.  [COMMUNITY NOTIFICATION ABOUT SEX OFFENDERS; 
 73.12  POLICY AND INSTRUCTION.] 
 73.13     Subdivision 1.  [MODEL POLICY.] (a) By August 1, 1996, the 
 73.14  Minnesota chiefs of police association and the Minnesota 
 73.15  sheriffs association shall develop a model policy for law 
 73.16  enforcement agencies to follow when they disclose information on 
 73.17  sex offenders to the public under Minnesota Statutes, section 
 73.18  244.052, subdivision 3.  The model policy shall be designed to 
 73.19  further the objectives of providing adequate notice to the 
 73.20  community concerning sex offenders who are or will be residing 
 73.21  in the neighborhood and of helping community members develop 
 73.22  constructive plans to prepare themselves and their children for 
 73.23  residing near these sex offenders.  In developing the policy, 
 73.24  the two associations shall consult with representatives of the 
 73.25  bureau of criminal apprehension, the Minnesota association of 
 73.26  women police, the Minnesota sex crimes investigators 
 73.27  association, the Minnesota police and peace officers 
 73.28  association, the Minnesota institute of community policing, the 
 73.29  county attorneys association, the commissioner of corrections, 
 73.30  local corrections agencies, the state public defender, sex 
 73.31  offender treatment professionals, victims groups, and interested 
 73.32  members of the public. 
 73.33     (b) The model policy shall, at a minimum, address the 
 73.34  following matters: 
 73.35     (1) recommended contents and form of community notification 
 73.36  documents, including recommended ways of protecting the privacy 
 74.1   of victims of the offender's crime; 
 74.2      (2) recommended method or methods of distributing community 
 74.3   notification documents; 
 74.4      (3) recommended methods of providing follow-up 
 74.5   notifications to community residents at specified intervals and 
 74.6   of disclosing information about offenders to law enforcement 
 74.7   agencies in other jurisdictions when necessary to protect the 
 74.8   public; 
 74.9      (4) recommended methods of educating community residents at 
 74.10  public meetings on how they can use the information in the 
 74.11  notification document in a reasonable manner to enhance their 
 74.12  individual and collective safety; 
 74.13     (5) procedures for ensuring that community members are 
 74.14  educated regarding the right of sex offenders not to be 
 74.15  subjected to harassment or criminal acts because of the 
 74.16  notification process; 
 74.17     (6) recommended ways of educating sex offenders before they 
 74.18  are released from incarceration on the nature and scope of the 
 74.19  notification process, the likely reaction of community residents 
 74.20  to their presence in the community, and their right to be free 
 74.21  from harassment or criminal acts committed by community 
 74.22  residents because of the notification process; and 
 74.23     (7) other matters that the associations deem necessary to 
 74.24  ensure the effective and fair administration of the community 
 74.25  notification law. 
 74.26     Subd. 2.  [LOCAL POLICY.] By January 1, 1997, all chief law 
 74.27  enforcement officers shall establish and implement a written 
 74.28  policy governing the public disclosure of information on sex 
 74.29  offenders under Minnesota Statutes, section 244.052, subdivision 
 74.30  3.  A chief law enforcement officer shall adopt a policy that is 
 74.31  identical or substantially similar to the model policy developed 
 74.32  by the associations under subdivision 1. 
 74.33     Sec. 8.  [EFFECTIVE DATE.] 
 74.34     Section 2 is effective August 1, 1996, and applies to 
 74.35  persons who are released from prison on or after that date, or 
 74.36  who are under supervision as of that date, or who enter this 
 75.1   state on or after that date. 
 75.2      Sections 1 and 3 to 6 are effective January 1, 1997, and 
 75.3   apply to persons released or sentenced on or after that date. 
 75.4      Section 7 is effective the day following final enactment. 
 75.5                              ARTICLE 6
 75.6                              JUVENILES
 75.7      Section 1.  Minnesota Statutes 1995 Supplement, section 
 75.8   260.015, subdivision 21, is amended to read: 
 75.9      Subd. 21.  [JUVENILE PETTY OFFENDER; JUVENILE PETTY 
 75.10  OFFENSE.] (a) "Juvenile petty offense" includes a juvenile 
 75.11  alcohol offense, a juvenile controlled substance offense, a 
 75.12  violation of section 609.685, or a violation of a local 
 75.13  ordinance, which by its terms prohibits conduct by a child under 
 75.14  the age of 18 years which would be lawful conduct if committed 
 75.15  by an adult.  
 75.16     (b) Except as otherwise provided in paragraph 
 75.17  (c), "juvenile petty offense" also includes an offense, other 
 75.18  than a violation of section 609.224, 609.324, 609.563, 609.576, 
 75.19  or 617.23, that would be a misdemeanor if committed by an 
 75.20  adult if: 
 75.21     (1) the child has not been found to be a juvenile petty 
 75.22  offender on more than two prior occasions for a 
 75.23  misdemeanor-level offense; 
 75.24     (2) the child has not previously been found to be 
 75.25  delinquent for a misdemeanor, gross misdemeanor, or felony 
 75.26  offense; or 
 75.27     (3) the county attorney designates the child on the 
 75.28  petition as a juvenile petty offender, notwithstanding the 
 75.29  child's prior record of misdemeanor-level juvenile petty 
 75.30  offenses. 
 75.31     (c) "Juvenile petty offense" does not include any of the 
 75.32  following: 
 75.33     (1) a misdemeanor-level violation of section 588.20, 
 75.34  609.224, 609.2242, 609.324, 609.563, 609.576, 609.66, or 617.23; 
 75.35     (2) a major traffic offense or an adult court traffic 
 75.36  offense, as described in section 260.193; 
 76.1      (3) a misdemeanor-level offense committed by a child whom 
 76.2   the juvenile court previously has found to have committed a 
 76.3   misdemeanor, gross misdemeanor, or felony offense; or 
 76.4      (4) a misdemeanor-level offense committed by a child whom 
 76.5   the juvenile court has found to have committed a 
 76.6   misdemeanor-level juvenile petty offense on two or more prior 
 76.7   occasions, unless the county attorney designates the child on 
 76.8   the petition as a juvenile petty offender notwithstanding this 
 76.9   prior record.  As used in this clause, "misdemeanor-level 
 76.10  juvenile petty offense" includes a misdemeanor-level offense 
 76.11  that would have been a juvenile petty offense if it had been 
 76.12  committed on or after July 1, 1995.  
 76.13     (d) A child who commits a juvenile petty offense is a 
 76.14  "juvenile petty offender." 
 76.15     Sec. 2.  Minnesota Statutes 1995 Supplement, section 
 76.16  260.132, subdivision 1, is amended to read: 
 76.17     Subdivision 1.  [NOTICE.] When a peace officer, or 
 76.18  attendance officer, in the case of a habitual truant, a peace 
 76.19  officer or an attendance officer has probable cause to believe 
 76.20  that a child: 
 76.21     (1) is in need of protection or services under section 
 76.22  260.015, subdivision 2a, clause (11) or (12); 
 76.23     (2) is a juvenile petty offender; or 
 76.24     (3) has committed a delinquent act that would be a petty 
 76.25  misdemeanor or misdemeanor if committed by an adult; 
 76.26  the officer may issue a notice to the child to appear in 
 76.27  juvenile court in the county in which the child is found or in 
 76.28  the county of the child's residence or, in the case of a 
 76.29  juvenile petty offense, or a petty misdemeanor or misdemeanor 
 76.30  delinquent act, the county in which the offense was committed.  
 76.31  If there is a school attendance review board or county attorney 
 76.32  mediation program operating in the child's school district, a 
 76.33  notice to appear in juvenile court for a habitual truant may not 
 76.34  be issued until the applicable procedures under section 260A.06 
 76.35  or 260A.07 have been exhausted.  The officer shall file a copy 
 76.36  of the notice to appear with the juvenile court of the 
 77.1   appropriate county.  If a child fails to appear in response to 
 77.2   the notice, the court may issue a summons notifying the child of 
 77.3   the nature of the offense alleged and the time and place set for 
 77.4   the hearing.  If the peace officer finds it necessary to take 
 77.5   the child into custody, sections 260.165 and 260.171 shall apply.
 77.6      Sec. 3.  Minnesota Statutes 1995 Supplement, section 
 77.7   260.132, subdivision 3a, is amended to read: 
 77.8      Subd. 3a.  [NO RIGHT TO COUNSEL AT PUBLIC EXPENSE.] Except 
 77.9   as otherwise provided in section 260.155, subdivision 2, a child 
 77.10  alleged to be a juvenile petty offender may be represented by 
 77.11  counsel, but does not have a right to appointment of a public 
 77.12  defender or other counsel at public expense. 
 77.13     Sec. 4.  Minnesota Statutes 1994, section 260.141, is 
 77.14  amended by adding a subdivision to read: 
 77.15     Subd. 1a.  [NOTICE IN LIEU OF SUMMONS; PERSONAL 
 77.16  SERVICE.] The service of a summons or a notice in lieu of 
 77.17  summons shall be as provided in the rules of juvenile procedure. 
 77.18     Sec. 5.  Minnesota Statutes 1994, section 260.145, is 
 77.19  amended to read: 
 77.20     260.145 [FAILURE TO OBEY SUMMONS OR SUBPOENA; CONTEMPT, 
 77.21  ARREST.] 
 77.22     If any person personally served with summons or subpoena 
 77.23  fails, without reasonable cause, to appear or bring the child, 
 77.24  or if the court has reason to believe the person is avoiding 
 77.25  personal service, or if any custodial parent or guardian fails, 
 77.26  without reasonable cause, to accompany the child to a hearing as 
 77.27  required under section 260.155, subdivision 4b, the person may 
 77.28  be proceeded against for contempt of court or the court may 
 77.29  issue a warrant for the person's arrest, or both.  In any case 
 77.30  when it appears to the court that the service will be 
 77.31  ineffectual, or that the welfare of the child requires that the 
 77.32  child be brought forthwith into the custody of the court, the 
 77.33  court may issue a warrant for immediate custody of the child. 
 77.34     Sec. 6.  Minnesota Statutes 1995 Supplement, section 
 77.35  260.155, subdivision 2, is amended to read: 
 77.36     Subd. 2.  [APPOINTMENT OF COUNSEL.] (a) The child, parent, 
 78.1   guardian or custodian has the right to effective assistance of 
 78.2   counsel in connection with a proceeding in juvenile court unless 
 78.3   the.  This right does not apply to a child who is charged with a 
 78.4   juvenile petty offense as defined in section 260.015, 
 78.5   subdivision 21, unless the child is charged with a third or 
 78.6   subsequent juvenile alcohol or controlled substance offense and 
 78.7   may be subject to the alternative disposition described in 
 78.8   section 260.195, subdivision 4.  
 78.9      (b) The court shall appoint counsel, or stand-by counsel if 
 78.10  the child waives the right to counsel, for a child who is: 
 78.11     (1) charged by delinquency petition with a gross 
 78.12  misdemeanor or felony offense; or 
 78.13     (2) the subject of a delinquency proceeding in which 
 78.14  out-of-home placement has been proposed. 
 78.15     (b) (c) If they desire counsel but are unable to employ it, 
 78.16  the court shall appoint counsel to represent the child or the 
 78.17  parents or guardian in any case in which it feels that such an 
 78.18  appointment is desirable, except a juvenile petty offense as 
 78.19  defined in section 260.015, subdivision 21 offender who does not 
 78.20  have the right to counsel under paragraph (a). 
 78.21     Sec. 7.  Minnesota Statutes 1994, section 260.161, 
 78.22  subdivision 1a, is amended to read: 
 78.23     Subd. 1a.  [RECORD OF ADJUDICATIONS; NOTICE TO BUREAU OF 
 78.24  CRIMINAL APPREHENSION.] (a) The juvenile court shall forward to 
 78.25  the Bureau of Criminal Apprehension the following data on 
 78.26  juveniles adjudicated delinquent for having committed 
 78.27  felony-level criminal sexual conduct: 
 78.28     (1) the name and birth date of the juvenile, including any 
 78.29  of the juvenile's known aliases or street names; 
 78.30     (2) the type of act for which the juvenile was adjudicated 
 78.31  delinquent and date of the offense; and 
 78.32     (3) the date and county of the adjudication. 
 78.33     (b) The bureau shall retain data on a juvenile until the 
 78.34  offender reaches the age of 28.  If the offender commits another 
 78.35  violation of sections 609.342 to 609.345 as an adult, the bureau 
 78.36  shall retain the data for as long as the data would have been 
 79.1   retained if the offender had been an adult at the time of the 
 79.2   juvenile offense. 
 79.3      (c) The juvenile court shall forward to the bureau the 
 79.4   following data on individuals convicted as extended jurisdiction 
 79.5   juveniles: 
 79.6      (1) the name and birthdate of the offender, including any 
 79.7   of the juvenile's known aliases or street names; 
 79.8      (2) the crime committed by the offender and the date of the 
 79.9   crime; and 
 79.10     (3) the date and county of the conviction. 
 79.11     The court shall notify the bureau whenever it executes an 
 79.12  extended jurisdiction juvenile's adult sentence under section 
 79.13  260.126, subdivision 5. 
 79.14     (d) The bureau shall retain the extended jurisdiction 
 79.15  juvenile data for as long as the data would have been retained 
 79.16  if the offender had been an adult at the time of the offense.  
 79.17  Data retained on individuals under this subdivision are private 
 79.18  data under section 13.02, except that extended jurisdiction 
 79.19  juvenile data becomes public data under section 13.87, 
 79.20  subdivision 2, when the juvenile court notifies the bureau that 
 79.21  the individual's adult sentence has been executed under section 
 79.22  260.126, subdivision 5. 
 79.23     Sec. 8.  Minnesota Statutes 1995 Supplement, section 
 79.24  260.161, subdivision 3, is amended to read: 
 79.25     Subd. 3.  [PEACE OFFICER AND CORRECTIONAL RECORDS OF 
 79.26  CHILDREN.] (a) Except for records relating to an offense where 
 79.27  proceedings are public under section 260.155, subdivision 1, 
 79.28  peace officers' records of children who are or may be delinquent 
 79.29  or who may be engaged in criminal acts shall be kept separate 
 79.30  from records of persons 18 years of age or older and are private 
 79.31  data but shall be disseminated:  (1) by order of the juvenile 
 79.32  court, (2) as required by section 126.036, (3) as authorized 
 79.33  under section 13.82, subdivision 2, (4) to the child or the 
 79.34  child's parent or guardian unless disclosure of a record would 
 79.35  interfere with an ongoing investigation, or (5) as otherwise 
 79.36  provided in this subdivision.  Except as provided in paragraph 
 80.1   (c), no photographs of a child taken into custody may be taken 
 80.2   without the consent of the juvenile court unless the child is 
 80.3   alleged to have violated section 169.121 or 169.129.  Peace 
 80.4   officers' records containing data about children who are victims 
 80.5   of crimes or witnesses to crimes must be administered consistent 
 80.6   with section 13.82, subdivisions 2, 3, 4, and 10.  Any person 
 80.7   violating any of the provisions of this subdivision shall be 
 80.8   guilty of a misdemeanor. 
 80.9      In the case of computerized records maintained about 
 80.10  juveniles by peace officers, the requirement of this subdivision 
 80.11  that records about juveniles must be kept separate from adult 
 80.12  records does not mean that a law enforcement agency must keep 
 80.13  its records concerning juveniles on a separate computer system.  
 80.14  Law enforcement agencies may keep juvenile records on the same 
 80.15  computer as adult records and may use a common index to access 
 80.16  both juvenile and adult records so long as the agency has in 
 80.17  place procedures that keep juvenile records in a separate place 
 80.18  in computer storage and that comply with the special data 
 80.19  retention and other requirements associated with protecting data 
 80.20  on juveniles. 
 80.21     (b) Nothing in this subdivision prohibits the exchange of 
 80.22  information by law enforcement agencies if the exchanged 
 80.23  information is pertinent and necessary to the requesting agency 
 80.24  in initiating, furthering, or completing a criminal 
 80.25  investigation. 
 80.26     (c) A photograph may be taken of a child taken into custody 
 80.27  pursuant to section 260.165, subdivision 1, clause (b), provided 
 80.28  that the photograph must be destroyed when the child reaches the 
 80.29  age of 19 years.  If the child is taken into custody for 
 80.30  allegedly committing a felony or gross misdemeanor-level 
 80.31  delinquent act and is detained in a secure detention facility, 
 80.32  the facility must take the child's fingerprints and booking 
 80.33  photograph as required by section 299C.10, subdivision 1.  The 
 80.34  commissioner of corrections may photograph juveniles whose legal 
 80.35  custody is transferred to the commissioner.  Photographs of 
 80.36  juveniles authorized by this paragraph may be used only for 
 81.1   institution management purposes, case supervision by parole 
 81.2   agents, and to assist law enforcement agencies to apprehend 
 81.3   juvenile offenders.  The commissioner shall maintain photographs 
 81.4   of juveniles in the same manner as juvenile court records and 
 81.5   names under this section. 
 81.6      (d) Traffic investigation reports are open to inspection by 
 81.7   a person who has sustained physical harm or economic loss as a 
 81.8   result of the traffic accident.  Identifying information on 
 81.9   juveniles who are parties to traffic accidents may be disclosed 
 81.10  as authorized under section 13.82, subdivision 4, and accident 
 81.11  reports required under section 169.09 may be released under 
 81.12  section 169.09, subdivision 13, unless the information would 
 81.13  identify a juvenile who was taken into custody or who is 
 81.14  suspected of committing an offense that would be a crime if 
 81.15  committed by an adult, or would associate a juvenile with the 
 81.16  offense, and the offense is not a minor traffic offense under 
 81.17  section 260.193. 
 81.18     (e) A law enforcement agency shall notify the principal or 
 81.19  chief administrative officer of a juvenile's school of an 
 81.20  incident occurring within the agency's jurisdiction if: 
 81.21     (1) the agency has probable cause to believe that the 
 81.22  juvenile has committed an offense that would be a crime if 
 81.23  committed as an adult, that the victim of the offense is a 
 81.24  student or staff member of the school, and that notice to the 
 81.25  school is reasonably necessary for the protection of the victim; 
 81.26  or 
 81.27     (2) the agency has probable cause to believe that the 
 81.28  juvenile has committed an offense described in subdivision 1b, 
 81.29  paragraph (a), clauses (1) to (3), that would be a crime if 
 81.30  committed by an adult, regardless of whether the victim is a 
 81.31  student or staff member of the school. 
 81.32     A law enforcement agency is not required to notify the 
 81.33  school under this paragraph if the agency determines that notice 
 81.34  would jeopardize an ongoing investigation.  Notwithstanding 
 81.35  section 138.17, data from a notice received from a law 
 81.36  enforcement agency under this paragraph must be destroyed when 
 82.1   the juvenile graduates from the school or at the end of the 
 82.2   academic year when the juvenile reaches age 23, whichever date 
 82.3   is earlier.  For purposes of this paragraph, "school" means a 
 82.4   public or private elementary, middle, or secondary school. 
 82.5      (f) In any county in which the county attorney operates or 
 82.6   authorizes the operation of a juvenile prepetition or pretrial 
 82.7   diversion program, a law enforcement agency or county attorney's 
 82.8   office may provide the juvenile diversion program with data 
 82.9   concerning a juvenile who is a participant in or is being 
 82.10  considered for participation in the program. 
 82.11     (g) Upon request of a local social service agency, peace 
 82.12  officer records of children who are or may be delinquent or who 
 82.13  may be engaged in criminal acts may be disseminated to the 
 82.14  agency to promote the best interests of the subject of the data. 
 82.15     Sec. 9.  Minnesota Statutes 1994, section 260.171, 
 82.16  subdivision 2, is amended to read: 
 82.17     Subd. 2.  (a) If the child is not released as provided in 
 82.18  subdivision 1, the person taking the child into custody shall 
 82.19  notify the court as soon as possible of the detention of the 
 82.20  child and the reasons for detention.  
 82.21     (b) No child may be detained in a juvenile secure detention 
 82.22  facility or shelter care facility longer than 36 hours, 
 82.23  excluding Saturdays, Sundays, and holidays, after being taken 
 82.24  into custody for a delinquent act as defined in section 260.015, 
 82.25  subdivision 5, unless a petition has been filed and the judge or 
 82.26  referee determines pursuant to section 260.172 that the child 
 82.27  shall remain in detention.  
 82.28     (c) No child may be detained in an adult jail or municipal 
 82.29  lockup longer than 24 hours, excluding Saturdays, Sundays, and 
 82.30  holidays, or longer than six hours in an adult jail or municipal 
 82.31  lockup in a standard metropolitan statistical area, after being 
 82.32  taken into custody for a delinquent act as defined in section 
 82.33  260.015, subdivision 5, unless: 
 82.34     (1) a petition has been filed under section 260.131; and 
 82.35     (2) a judge or referee has determined under section 260.172 
 82.36  that the child shall remain in detention. 
 83.1      After August 1, 1991, no child described in this paragraph 
 83.2   may be detained in an adult jail or municipal lockup longer than 
 83.3   24 hours, excluding Saturdays, Sundays, and holidays, or longer 
 83.4   than six hours in an adult jail or municipal lockup in a 
 83.5   standard metropolitan statistical area, unless the requirements 
 83.6   of this paragraph have been met and, in addition, a motion to 
 83.7   refer the child for adult prosecution has been made under 
 83.8   section 260.125.  Notwithstanding this paragraph, continued 
 83.9   detention of a child in an adult detention facility outside a 
 83.10  standard metropolitan statistical area county is permissible if: 
 83.11     (i) the facility in which the child is detained is located 
 83.12  where conditions or distance to be traveled or other ground 
 83.13  transportation do not allow for court appearances within 24 
 83.14  hours.  A delay not to exceed 48 hours may be made under this 
 83.15  clause; or 
 83.16     (ii) the facility is located where conditions of safety 
 83.17  exist.  Time for an appearance may be delayed until 24 hours 
 83.18  after the time that conditions allow for reasonably safe 
 83.19  travel.  "Conditions of safety" include adverse life-threatening 
 83.20  weather conditions that do not allow for reasonably safe travel. 
 83.21     The continued detention of a child under clause (i) or (ii) 
 83.22  must be reported to the commissioner of corrections. 
 83.23     (d) No child taken into custody pursuant to section 
 83.24  260.165, subdivision 1, clause (a) or (c)(2) may be held in a 
 83.25  shelter care facility longer than 72 hours, excluding Saturdays, 
 83.26  Sundays and holidays, unless a petition has been filed and the 
 83.27  judge or referee determines pursuant to section 260.172 that the 
 83.28  child shall remain in custody.  
 83.29     (e) If a child described in paragraph (c) is to be detained 
 83.30  in a jail beyond 24 hours, excluding Saturdays, Sundays, and 
 83.31  holidays, the judge or referee, in accordance with rules and 
 83.32  procedures established by the commissioner of corrections, shall 
 83.33  notify the commissioner of the place of the detention and the 
 83.34  reasons therefor.  The commissioner shall thereupon assist the 
 83.35  court in the relocation of the child in an appropriate juvenile 
 83.36  secure detention facility or approved jail within the county or 
 84.1   elsewhere in the state, or in determining suitable 
 84.2   alternatives.  The commissioner shall direct that a child 
 84.3   detained in a jail be detained after eight days from and 
 84.4   including the date of the original detention order in an 
 84.5   approved juvenile secure detention facility with the approval of 
 84.6   the administrative authority of the facility.  If the court 
 84.7   refers the matter to the prosecuting authority pursuant to 
 84.8   section 260.125, notice to the commissioner shall not be 
 84.9   required. 
 84.10     Sec. 10.  Minnesota Statutes 1995 Supplement, section 
 84.11  260.195, subdivision 2a, is amended to read: 
 84.12     Subd. 2a.  [NO RIGHT TO COUNSEL AT PUBLIC EXPENSE.] Except 
 84.13  as otherwise provided in section 260.155, subdivision 2, a child 
 84.14  alleged to be a juvenile petty offender may be represented by 
 84.15  counsel, but does not have a right to appointment of a public 
 84.16  defender or other counsel at public expense. 
 84.17     Sec. 11.  Minnesota Statutes 1994, section 260.281, is 
 84.18  amended to read: 
 84.19     260.281 [NEW EVIDENCE.] 
 84.20     A child whose status has been adjudicated by a juvenile 
 84.21  court, or the child's parent, guardian, custodian or spouse may, 
 84.22  at any time within 90 15 days of the filing of the court's 
 84.23  order, petition the court for a rehearing on the ground that new 
 84.24  evidence has been discovered affecting the advisability of the 
 84.25  court's original adjudication or disposition.  Upon a showing 
 84.26  that such evidence does exist the court shall order that a new 
 84.27  hearing be held within 30 days, unless the court extends this 
 84.28  time period for good cause shown within the 30-day period, and 
 84.29  shall make such disposition of the case as the facts and the 
 84.30  best interests of the child warrant.  
 84.31     Sec. 12.  Minnesota Statutes 1994, section 260.301, is 
 84.32  amended to read: 
 84.33     260.301 [CONTEMPT.] 
 84.34     Any person knowingly interfering with an order of the 
 84.35  juvenile court is in contempt of court.  However, a child who is 
 84.36  under the continuing jurisdiction of the court for reasons other 
 85.1   than delinquency having committed a delinquent act or a juvenile 
 85.2   petty offense may not be adjudicated as a delinquent solely on 
 85.3   the basis of having knowingly interfered with or disobeyed an 
 85.4   order of the court. 
 85.5      Sec. 13.  Minnesota Statutes 1995 Supplement, section 
 85.6   299C.10, subdivision 1, is amended to read: 
 85.7      Subdivision 1.  [LAW ENFORCEMENT DUTY.] (a) It is hereby 
 85.8   made the duty of the sheriffs of the respective counties and, of 
 85.9   the police officers in cities of the first, second, and third 
 85.10  classes, under the direction of the chiefs of police in such 
 85.11  cities, and of community corrections agencies operating secure 
 85.12  juvenile detention facilities to take or cause to be taken 
 85.13  immediately finger and thumb prints, photographs, distinctive 
 85.14  physical mark identification data, and such other identification 
 85.15  data as may be requested or required by the superintendent of 
 85.16  the bureau; of all persons arrested for a felony, gross 
 85.17  misdemeanor, of all juveniles committing felonies as 
 85.18  distinguished from those committed by adult offenders, of all 
 85.19  persons reasonably believed by the arresting officer to be 
 85.20  fugitives from justice, of all persons in whose possession, when 
 85.21  arrested, are found concealed firearms or other dangerous 
 85.22  weapons, burglar tools or outfits, high-power explosives, or 
 85.23  articles, machines, or appliances usable for an unlawful purpose 
 85.24  and reasonably believed by the arresting officer to be intended 
 85.25  for such purposes, and within 24 hours thereafter to forward 
 85.26  such fingerprint records and other identification data on such 
 85.27  forms and in such manner as may be prescribed by the 
 85.28  superintendent of the bureau of criminal apprehension. 
 85.29     (b) Effective August 1, 1997, the identification reporting 
 85.30  requirements shall also apply to persons committing misdemeanor 
 85.31  offenses, including violent and enhanceable crimes, and 
 85.32  juveniles committing gross misdemeanors.  In addition, the 
 85.33  reporting requirements shall include any known aliases or street 
 85.34  names of the offenders. 
 85.35     Sec. 14.  [REPEALER.] 
 85.36     Minnesota Statutes 1994, section 260.141, subdivision 1, is 
 86.1   repealed. 
 86.2      Sec. 15.  [EFFECTIVE DATE.] 
 86.3      Sections 1 to 14 are effective August 1, 1996, and apply to 
 86.4   offenses committed on or after that date. 
 86.5                              ARTICLE 7
 86.6                               VICTIMS 
 86.7      Section 1.  [15.87] [VICTIMS OF VIOLENCE.] 
 86.8      In furtherance of the state policy of zero tolerance for 
 86.9   violence in section 1.50, the state shall have a goal of 
 86.10  providing: 
 86.11     (a) every victim of violence in Minnesota, regardless of 
 86.12  the county of residence, access to necessary services, 
 86.13  including, but not limited to: 
 86.14     (1) crisis intervention services, including a 24-hour 
 86.15  emergency telephone line; 
 86.16     (2) safe housing; 
 86.17     (3) counseling and peer support services; and 
 86.18     (4) assistance in pursuing legal remedies and appropriate 
 86.19  medical care; and 
 86.20     (b) every child who is a witness to abuse or who is a 
 86.21  victim of violence, access to necessary services, including, but 
 86.22  not limited to: 
 86.23     (1) crisis child care; 
 86.24     (2) safe supervised child visitation, when needed; 
 86.25     (3) age appropriate counseling and support; and 
 86.26     (4) assistance with legal remedies, medical care, and 
 86.27  needed social services. 
 86.28     Sec. 2.  Minnesota Statutes 1995 Supplement, section 
 86.29  609.10, is amended to read: 
 86.30     609.10 [SENTENCES AVAILABLE.] 
 86.31     Upon conviction of a felony and compliance with the other 
 86.32  provisions of this chapter the court, if it imposes sentence, 
 86.33  may sentence the defendant to the extent authorized by law as 
 86.34  follows: 
 86.35     (1) to life imprisonment; or 
 86.36     (2) to imprisonment for a fixed term of years set by the 
 87.1   court; or 
 87.2      (3) to both imprisonment for a fixed term of years and 
 87.3   payment of a fine; or 
 87.4      (4) to payment of a fine without imprisonment or to 
 87.5   imprisonment for a fixed term of years if the fine is not paid; 
 87.6   or 
 87.7      (5) to payment of court-ordered restitution in addition to 
 87.8   either imprisonment or payment of a fine, or both; or 
 87.9      (6) to payment of a local correctional fee as authorized 
 87.10  under section 609.102 in addition to any other sentence imposed 
 87.11  by the court. 
 87.12     As used in this section, "restitution" includes: 
 87.13     (i) payment of compensation to the victim or the victim's 
 87.14  family; and 
 87.15     (ii) if the victim is deceased or already has been fully 
 87.16  compensated, payment of money to a victim assistance program or 
 87.17  other program directed by the court. 
 87.18     In controlled substance crime cases, "restitution" also 
 87.19  includes payment of compensation to a government entity that 
 87.20  incurs loss as a direct result of the controlled substance crime.
 87.21     Sec. 3.  Minnesota Statutes 1995 Supplement, section 
 87.22  609.125, is amended to read: 
 87.23     609.125 [SENTENCE FOR MISDEMEANOR OR GROSS MISDEMEANOR.] 
 87.24     Upon conviction of a misdemeanor or gross misdemeanor the 
 87.25  court, if sentence is imposed, may, to the extent authorized by 
 87.26  law, sentence the defendant: 
 87.27     (1) to imprisonment for a definite term; or 
 87.28     (2) to payment of a fine, or to imprisonment for a 
 87.29  specified term if the fine is not paid; or 
 87.30     (3) to both imprisonment for a definite term and payment of 
 87.31  a fine; or 
 87.32     (4) to payment of court-ordered restitution in addition to 
 87.33  either imprisonment or payment of a fine, or both; or 
 87.34     (5) to payment of a local correctional fee as authorized 
 87.35  under section 609.102 in addition to any other sentence imposed 
 87.36  by the court. 
 88.1      As used in this section, "restitution" includes: 
 88.2      (i) payment of compensation to the victim or the victim's 
 88.3   family; and 
 88.4      (ii) if the victim is deceased or already has been fully 
 88.5   compensated, payment of money to a victim assistance program or 
 88.6   other program directed by the court. 
 88.7      In controlled substance crime cases, "restitution" also 
 88.8   includes payment of compensation to a government entity that 
 88.9   incurs loss as a direct result of the controlled substance crime.
 88.10     Sec. 4.  Minnesota Statutes 1994, section 609.135, 
 88.11  subdivision 1, is amended to read: 
 88.12     Subdivision 1.  [TERMS AND CONDITIONS.] Except when a 
 88.13  sentence of life imprisonment is required by law, or when a 
 88.14  mandatory minimum sentence is required by section 609.11, any 
 88.15  court may stay imposition or execution of sentence and (a) may 
 88.16  order intermediate sanctions without placing the defendant on 
 88.17  probation, or (b) may place the defendant on probation with or 
 88.18  without supervision and on the terms the court prescribes, 
 88.19  including intermediate sanctions when practicable.  The court 
 88.20  may order the supervision to be under the probation officer of 
 88.21  the court, or, if there is none and the conviction is for a 
 88.22  felony or gross misdemeanor, by the commissioner of corrections, 
 88.23  or in any case by some other suitable and consenting person.  No 
 88.24  intermediate sanction may be ordered performed at a location 
 88.25  that fails to observe applicable requirements or standards of 
 88.26  chapter 181A or 182, or any rule promulgated under them.  For 
 88.27  purposes of this subdivision, subdivision 6, and section 609.14, 
 88.28  the term "intermediate sanctions" includes but is not limited to 
 88.29  incarceration in a local jail or workhouse, home detention, 
 88.30  electronic monitoring, intensive probation, sentencing to 
 88.31  service, reporting to a day reporting center, chemical 
 88.32  dependency or mental health treatment or counseling, 
 88.33  restitution, fines, day-fines, community work service, and work 
 88.34  in lieu of or to work off fines and, with the victim's consent, 
 88.35  work in lieu of or to work off restitution.  
 88.36     A court may not stay the revocation of the driver's license 
 89.1   of a person convicted of violating the provisions of section 
 89.2   169.121. 
 89.3      Sec. 5.  Minnesota Statutes 1995 Supplement, section 
 89.4   611A.01, is amended to read: 
 89.5      611A.01 [DEFINITIONS.] 
 89.6      For the purposes of sections 611A.01 to 611A.06: 
 89.7      (a) "Crime" means conduct that is prohibited by local 
 89.8   ordinance and results in bodily harm to an individual; or 
 89.9   conduct that is included within the definition of "crime" in 
 89.10  section 609.02, subdivision 1, or would be included within that 
 89.11  definition but for the fact that (i) the person engaging in the 
 89.12  conduct lacked capacity to commit the crime under the laws of 
 89.13  this state, or (ii) the act was alleged or found to have been 
 89.14  committed by a juvenile; 
 89.15     (b) "Victim" means a natural person who incurs loss or harm 
 89.16  as a result of a crime, including a good faith effort to prevent 
 89.17  a crime, and for purposes of sections 611A.04 and 611A.045, also 
 89.18  includes (i) a corporation that incurs loss or harm as a result 
 89.19  of a crime, and (ii) any other entity authorized to receive 
 89.20  restitution under section 609.10 or 609.125.  If the victim is a 
 89.21  natural person and is deceased, "victim" means the deceased's 
 89.22  surviving spouse or next of kin; and 
 89.23     (c) "Juvenile" has the same meaning as given to the term 
 89.24  "child" in section 260.015, subdivision 2.  
 89.25     Sec. 6.  Minnesota Statutes 1995 Supplement, section 
 89.26  611A.04, subdivision 1, is amended to read: 
 89.27     Subdivision 1.  [REQUEST; DECISION.] (a) A victim of a 
 89.28  crime has the right to receive restitution as part of the 
 89.29  disposition of a criminal charge or juvenile delinquency 
 89.30  proceeding against the offender if the offender is convicted or 
 89.31  found delinquent.  The court, or a person or agency designated 
 89.32  by the court, shall request information from the victim to 
 89.33  determine the amount of restitution owed.  The court or its 
 89.34  designee shall obtain the information from the victim in 
 89.35  affidavit form or by other competent evidence.  Information 
 89.36  submitted relating to restitution must describe the items or 
 90.1   elements of loss, itemize the total dollar amounts of 
 90.2   restitution claimed, and specify the reasons justifying these 
 90.3   amounts, if restitution is in the form of money or property.  A 
 90.4   request for restitution may include, but is not limited to, any 
 90.5   out-of-pocket losses resulting from the crime, including medical 
 90.6   and therapy costs, replacement of wages and services, expenses 
 90.7   incurred to return a child who was a victim of a crime under 
 90.8   section 609.26 to the child's parents or lawful custodian, and 
 90.9   funeral expenses.  An actual or prospective civil action 
 90.10  involving the alleged crime shall not be used by the court as a 
 90.11  basis to deny a victim's right to obtain court-ordered 
 90.12  restitution under this section.  In order to be considered at 
 90.13  the sentencing or dispositional hearing, all information 
 90.14  regarding restitution must be received by the court 
 90.15  administrator of the appropriate court at least three business 
 90.16  days before the sentencing or dispositional hearing.  The court 
 90.17  administrator shall provide copies of this request to the 
 90.18  prosecutor and the offender or the offender's attorney at least 
 90.19  24 hours before the sentencing or dispositional hearing.  The 
 90.20  issue of restitution may be is reserved or the sentencing or 
 90.21  dispositional hearing or hearing on the restitution request may 
 90.22  be continued if the victim's affidavit or other competent 
 90.23  evidence submitted by the victim is not received in time.  At 
 90.24  the sentencing or dispositional hearing, the court shall give 
 90.25  the offender an opportunity to respond to specific items of 
 90.26  restitution and their dollar amounts in accordance with the 
 90.27  procedures established in section 611A.045, subdivision 3.  
 90.28     (b) The court may amend or issue an order of restitution 
 90.29  after the sentencing or dispositional hearing if: 
 90.30     (1) the offender is on probation, committed to the 
 90.31  commissioner of corrections, or on supervised release; 
 90.32     (2) information regarding sufficient evidence of a right to 
 90.33  restitution was has been submitted as required under paragraph 
 90.34  (a); and 
 90.35     (3) the true extent of the victim's loss or the loss of the 
 90.36  crime victims reparations board was not known at the time of the 
 91.1   sentencing or dispositional hearing, or hearing on the 
 91.2   restitution request. 
 91.3      If the court holds a hearing on the restitution request, 
 91.4   the court must notify the offender, the offender's attorney, the 
 91.5   victim, and the prosecutor, and the crime victims reparations 
 91.6   board at least five business days before the hearing.  The 
 91.7   court's restitution decision is governed by this section and 
 91.8   section 611A.045. 
 91.9      (c) The court shall grant or deny restitution or partial 
 91.10  restitution and shall state on the record its reasons for its 
 91.11  decision on restitution if information relating to restitution 
 91.12  has been presented.  If the court grants partial restitution it 
 91.13  shall also specify the full amount of restitution that may be 
 91.14  docketed as a civil judgment under subdivision 3.  The court may 
 91.15  not require that the victim waive or otherwise forfeit any 
 91.16  rights or causes of action as a condition of granting 
 91.17  restitution or partial restitution.  In the case of a defendant 
 91.18  who is on probation, the court may not refuse to enforce an 
 91.19  order for restitution solely on the grounds that the order has 
 91.20  been docketed as a civil judgment.  
 91.21     Sec. 7.  Minnesota Statutes 1994, section 611A.04, 
 91.22  subdivision 1a, is amended to read: 
 91.23     Subd. 1a.  [CRIME BOARD REQUEST.] The crime victims 
 91.24  reparations board may request restitution on behalf of a victim 
 91.25  by filing a copy of orders of the board, if any, which detail 
 91.26  any amounts paid by the board to the victim.  The board may file 
 91.27  the payment order with the court administrator or with the 
 91.28  person or agency the court has designated to obtain information 
 91.29  relating to restitution.  In either event, The board shall 
 91.30  submit the payment order not less than three business days 
 91.31  before the sentencing or dispositional hearing after it is 
 91.32  issued by the board.  The court administrator shall provide 
 91.33  copies of the payment order to the prosecutor and the offender 
 91.34  or the offender's attorney within 48 hours of receiving it from 
 91.35  the board or at least 24 hours before the sentencing or 
 91.36  dispositional hearing, whichever is earlier.  By operation of 
 92.1   law, the issue of restitution may be is reserved or the 
 92.2   sentencing or disposition continued if the payment order is not 
 92.3   received in time at least three days before the sentencing or 
 92.4   dispositional hearing.  The filing of a payment order for 
 92.5   reparations with the court administrator shall also serve as a 
 92.6   request for restitution by the victim.  The restitution 
 92.7   requested by the board may be considered to be both on its own 
 92.8   behalf and on behalf of the victim.  If the board has not paid 
 92.9   reparations to the victim or on the victim's behalf, restitution 
 92.10  may be made directly to the victim.  If the board has paid 
 92.11  reparations to the victim or on the victim's behalf, the court 
 92.12  shall order restitution payments to be made directly to the 
 92.13  board. 
 92.14     Sec. 8.  Minnesota Statutes 1994, section 611A.04, 
 92.15  subdivision 3, is amended to read: 
 92.16     Subd. 3.  [EFFECT OF ORDER FOR RESTITUTION.] An order of 
 92.17  restitution may be enforced by any person named in the order to 
 92.18  receive the restitution, or by the crime victims reparations 
 92.19  board in the same manner as a judgment in a civil action.  Any 
 92.20  order for restitution in favor of a victim shall also operate as 
 92.21  an order for restitution in favor of the crime victims 
 92.22  reparations board, if the board has paid reparations to the 
 92.23  victim or on the victim's behalf.  Filing fees for docketing an 
 92.24  order of restitution as a civil judgment are waived for any 
 92.25  victim named in the restitution order.  An order of restitution 
 92.26  shall be docketed as a civil judgment, in the name of any person 
 92.27  named in the order and in the name of the crime victims 
 92.28  reparations board, by the court administrator of the district 
 92.29  court in the county in which the order of restitution was 
 92.30  entered.  The court administrator also shall notify the 
 92.31  commissioner of revenue of the restitution debt in the manner 
 92.32  provided in chapter 270A, the revenue recapture act.  A juvenile 
 92.33  court is not required to appoint a guardian ad litem for a 
 92.34  juvenile offender before docketing a restitution order.  
 92.35  Interest shall accrue on the unpaid balance of the judgment as 
 92.36  provided in section 549.09.  Whether the order of restitution 
 93.1   has been docketed or not, it is a debt that is not dischargeable 
 93.2   in bankruptcy.  A decision for or against restitution in any 
 93.3   criminal or juvenile proceeding is not a bar to any civil action 
 93.4   by the victim or by the state pursuant to section 611A.61 
 93.5   against the offender.  The offender shall be given credit, in 
 93.6   any order for judgment in favor of a victim in a civil action, 
 93.7   for any restitution paid to the victim for the same injuries for 
 93.8   which the judgment is awarded. 
 93.9      Sec. 9.  Minnesota Statutes 1994, section 611A.25, 
 93.10  subdivision 3, is amended to read: 
 93.11     Subd. 3.  [TERMS; VACANCIES; EXPENSES.] Section 15.059 
 93.12  governs the filling of vacancies and removal of members of the 
 93.13  sexual assault advisory council.  The terms of the members of 
 93.14  the advisory council shall be two years.  No member may serve on 
 93.15  the advisory council for more than two consecutive terms.  
 93.16  Council members shall not receive per diem or expense 
 93.17  reimbursement as specified in section 15.059.  
 93.18     Sec. 10.  Minnesota Statutes 1994, section 611A.361, 
 93.19  subdivision 3, is amended to read: 
 93.20     Subd. 3.  [TERMS; VACANCIES; EXPENSES.] Section 15.059 
 93.21  governs the filling of vacancies and removal of members of the 
 93.22  general crime victims advisory council.  The terms of the 
 93.23  members of the advisory council shall be two years.  No member 
 93.24  may serve on the advisory council for more than two consecutive 
 93.25  terms.  Council members shall not receive per diem or expense 
 93.26  reimbursement as specified in section 15.059.  
 93.27     Sec. 11.  [611A.78] [CRIME VICTIM SERVICES ROUNDTABLE.] 
 93.28     Subdivision 1.  [MEMBERSHIP.] A crime victim services 
 93.29  roundtable is created and shall be convened by the commissioner 
 93.30  of administration or a designee.  The roundtable membership 
 93.31  shall include representatives from the following:  the 
 93.32  departments of health; human services; children, families, and 
 93.33  learning; corrections; and public safety; the supreme court; the 
 93.34  Minnesota planning agency; the office of the attorney general; 
 93.35  the office of crime victim ombudsman; the county attorneys 
 93.36  association; and the office of dispute resolution.  The 
 94.1   roundtable membership shall also include one person representing 
 94.2   the four councils designated in sections 3.922, 3.9223, 3.9225, 
 94.3   and 3.9226. 
 94.4      Subd. 2.  [DUTIES.] The crime victim services roundtable 
 94.5   shall meet at least four times each year to discuss issues 
 94.6   concerning victim services, including, but not limited to, 
 94.7   methods for improving the delivery of and securing increased 
 94.8   funding for victim services.  The roundtable shall present to 
 94.9   the legislature any initiatives, including those for increasing 
 94.10  efficiency in the administration of services, which require 
 94.11  legislative action. 
 94.12     Sec. 12.  [EFFECTIVE DATE.] 
 94.13     Sections 1 to 11 are effective August 1, 1996. 
 94.14                             ARTICLE 8 
 94.15                            CORRECTIONS 
 94.16     Section 1.  Minnesota Statutes 1994, section 241.275, is 
 94.17  amended to read: 
 94.18     241.275 [PRODUCTIVE DAY INITIATIVE PROGRAMS; CORRECTIONAL 
 94.19  FACILITIES; HENNEPIN, RAMSEY, AND ST. LOUIS COUNTIES.] 
 94.20     Subdivision 1.  [PROGRAM ESTABLISHMENT.] (a) As used in 
 94.21  this section, "correctional facility" includes a community-based 
 94.22  day program to which an offender is sentenced in lieu of 
 94.23  incarceration, if the program provides close supervision of 
 94.24  offenders through such means as electronic monitoring and drug 
 94.25  and alcohol testing. 
 94.26     (b) The counties of Hennepin, Ramsey, and St. Louis shall 
 94.27  each establish a productive day initiative program in their 
 94.28  correctional facilities as described in this section.  The 
 94.29  productive day program shall be designed to motivate inmates 
 94.30  sentenced offenders in local correctional facilities to develop 
 94.31  basic life and work skills through training and education, 
 94.32  thereby creating opportunities for inmates on release offenders 
 94.33  to achieve more successful integration into the community upon 
 94.34  their release.  
 94.35     Subd. 2.  [PROGRAM COMPONENTS.] The productive day 
 94.36  initiative programs shall include components described in 
 95.1   paragraphs (a) to (c).  
 95.2      (a) The initiative programs shall contain programs designed 
 95.3   to promote the inmate's offender's self-esteem, self-discipline, 
 95.4   and economic self-sufficiency by providing structured training 
 95.5   and education with respect to basic life skills, including 
 95.6   hygiene, personal financial budgeting, literacy, and conflict 
 95.7   management. 
 95.8      (b) The programs shall contain individualized educational, 
 95.9   vocational, and work programs designed to productively occupy an 
 95.10  inmate offender for at least eight hours a day.  
 95.11     (c) The program administrators shall develop correctional 
 95.12  industry programs, including marketing efforts to attract work 
 95.13  opportunities both inside correctional facilities and outside in 
 95.14  the community.  Program options may include expanding and 
 95.15  reorganizing on-site industry programs, locating off-site 
 95.16  industry work areas, and community service work programs, and 
 95.17  employment programs.  To develop innovative work programs, 
 95.18  program administrators may enlist members of the business and 
 95.19  labor community to help target possible productive enterprises 
 95.20  for inmate offender work programs. 
 95.21     (d) Whenever inmates offenders are assigned to work within 
 95.22  the correctional facility or with any state department or 
 95.23  agency, local unit of government, or other government 
 95.24  subdivision, the program administrator must certify to the 
 95.25  appropriate bargaining agent that work performed by inmates 
 95.26  offenders will not result in the displacement of current 
 95.27  employed workers or workers on seasonal layoff or layoff from a 
 95.28  substantially equivalent position, including partial 
 95.29  displacement such as reduction in hours of work other than 
 95.30  overtime work, wages, or other employment benefits. 
 95.31     Subd. 3.  [ELIGIBILITY.] The administrators of each 
 95.32  productive day program shall develop criteria for inmate 
 95.33  offender eligibility for the program.  
 95.34     Subd. 4.  [EVALUATION.] The administrators of each of the 
 95.35  productive day initiative programs shall develop program 
 95.36  evaluation tools to monitor the success of the programs.  
 96.1      Subd. 5.  [REPORT.] Hennepin, Ramsey, and St. Louis 
 96.2   counties shall each report results of their evaluations to the 
 96.3   chairs of the house judiciary finance division and the senate 
 96.4   crime prevention finance division by July 1, 1996.  
 96.5      Sec. 2.  Minnesota Statutes 1995 Supplement, section 
 96.6   243.212, is amended to read: 
 96.7      243.212 [COPAYMENTS FOR HEALTH SERVICES.] 
 96.8      Any inmate of an adult correctional facility under the 
 96.9   control of the commissioner of corrections shall incur copayment 
 96.10  and coinsurance obligations for health care services received in 
 96.11  the amounts established for adult enrollees of the MinnesotaCare 
 96.12  program established under section 256.9353, subdivision 7, to 
 96.13  the extent the inmate has available funds obligations for health 
 96.14  care services provided.  The copayment will be paid from the 
 96.15  inmate account of earnings and other funds, as provided in 
 96.16  section 243.23, subdivision 3.  The funds paid under this 
 96.17  subdivision are appropriated to the commissioner of corrections 
 96.18  for the delivery of health care services to inmates.  
 96.19     Sec. 3.  Minnesota Statutes 1994, section 260.311, 
 96.20  subdivision 3a, is amended to read: 
 96.21     Subd. 3a.  [DETAINING PERSON ON CONDITIONAL RELEASE OR 
 96.22  PROBATION.] (a) The written order of the court services director 
 96.23  or designee of a county probation agency not organized under 
 96.24  chapter 401 is sufficient authority for peace officers and 
 96.25  county probation officers serving a the district or juvenile 
 96.26  court may, without a warrant of nonparticipating counties when 
 96.27  it appears necessary to prevent escape or enforce discipline, to 
 96.28  take and detain a probationer or any person on conditional 
 96.29  release and bring that person before the court or the 
 96.30  commissioner of corrections, whichever is appropriate, for 
 96.31  disposition.  No probationer or other person on conditional 
 96.32  release shall be detained under this subdivision more than 72 
 96.33  hours, excluding Saturdays, Sundays and holidays, without being 
 96.34  given an opportunity for a hearing before the court or the 
 96.35  commissioner of corrections or a designee. 
 96.36     (b) The written order of the court services director or 
 97.1   designee of a county probation agency not established under 
 97.2   chapter 401 is sufficient authority for probation officers 
 97.3   serving the district and juvenile courts of nonparticipating 
 97.4   counties to release within 72 hours, exclusive of legal 
 97.5   holidays, Saturdays, and Sundays, without appearance before the 
 97.6   court or the commissioner of corrections or a designee, any 
 97.7   person detained pursuant to paragraph (a). 
 97.8      (c) The written order of the chief executive officer or 
 97.9   designee of a county corrections agency established under this 
 97.10  section and not organized under chapter 401 is sufficient 
 97.11  authority for any peace officer or county probation officer to 
 97.12  take and place in actual custody any person under sentence or on 
 97.13  probation who: 
 97.14     (1) fails to report to serve a sentence at a local 
 97.15  correctional facility, as defined in section 241.021, 
 97.16  subdivision 1; 
 97.17     (2) fails to return from furlough or authorized temporary 
 97.18  release from a local correctional facility; 
 97.19     (3) escape from a local correctional facility; or 
 97.20     (4) absconds from court-ordered home detention. 
 97.21     (d) The written order of the court services director or 
 97.22  designee of a county probation agency established under this 
 97.23  section and not organized under chapter 401 is sufficient 
 97.24  authority for any peace officer or county probation officer to 
 97.25  take and place in actual custody any person on a 
 97.26  court-authorized pretrial release who absconds from pretrial 
 97.27  release or fails to abide by the conditions of pretrial release. 
 97.28     Sec. 4.  Minnesota Statutes 1994, section 352.90, is 
 97.29  amended to read: 
 97.30     352.90 [POLICY.] 
 97.31     It is the policy of the legislature to provide special 
 97.32  retirement benefits and contributions for certain correctional 
 97.33  employees who may be required to retire at an early age because 
 97.34  they lose the mental or physical capacity required to maintain 
 97.35  the safety, security, discipline, and custody of inmates at 
 97.36  state adult correctional facilities or of patients at the 
 98.1   Minnesota security hospital or at the Minnesota sexual 
 98.2   psychopathic personality treatment center.  
 98.3      Sec. 5.  Minnesota Statutes 1994, section 352.91, 
 98.4   subdivision 1, is amended to read: 
 98.5      Subdivision 1.  [QUALIFYING JOBS.] "Covered correctional 
 98.6   service" means:  (1) services service performed on, before, or 
 98.7   after July 1, 1973, by a state employee, as defined in section 
 98.8   352.01, employed at a state correctional facility, the Minnesota 
 98.9   security hospital, or the Minnesota sexual psychopathic 
 98.10  personality treatment center as an attendant guard, attendant 
 98.11  guard supervisor, correctional captain, correctional counselor 
 98.12  I, correctional counselor II, correctional counselor III, 
 98.13  correctional counselor IV, correctional lieutenant, correctional 
 98.14  officer, correctional sergeant, director of attendant guards, 
 98.15  and guard farmer garden, provided the employee was employed in 
 98.16  the position on July 1, 1973, or after; (2) services performed 
 98.17  before July 1, 1973, by an employee covered under clause (1) in 
 98.18  a position classified as a houseparent, special schools 
 98.19  counselor, shop instructor, or guard instructor; and (3) 
 98.20  services performed before July 1, 1973, in a position listed in 
 98.21  clause (1) and positions classified as houseparent, guard 
 98.22  instructor, and guard farmer dairy, by a person employed on July 
 98.23  1, 1973, in a position classified as a license plant manager, 
 98.24  prison industry lead supervisor (general, metal fabricating and 
 98.25  foundry), prison industry supervisor, food service manager, 
 98.26  prison farmer supervisor, prison farmer assistant supervisor, or 
 98.27  rehabilitation therapist employed at the Minnesota security 
 98.28  hospital.  However, an employee is not covered under sections 
 98.29  352.91 to 352.951 if first employed after July 1, 1973, and 
 98.30  because of age could not acquire sufficient service to qualify 
 98.31  for an annuity as a correctional employee: 
 98.32     (1) a corrections officer 1; 
 98.33     (2) a corrections officer 2; 
 98.34     (3) a corrections officer 3; 
 98.35     (4) a corrections officer supervisor; 
 98.36     (5) a corrections officer 4; 
 99.1      (6) a corrections captain; 
 99.2      (7) a security counselor; or 
 99.3      (8) a security counselor lead. 
 99.4      Sec. 6.  Minnesota Statutes 1994, section 352.91, 
 99.5   subdivision 2, is amended to read: 
 99.6      Subd. 2.  [TEACHING, MAINTENANCE, AND TRADES.] "Covered 
 99.7   correctional service" also means service rendered at any time by 
 99.8   state employees as special teachers, maintenance personnel, and 
 99.9   members of trades certified by the commissioner of employee 
 99.10  relations as being regularly engaged in rehabilitation, 
 99.11  treatment, custody, or supervision of inmates employed at the a 
 99.12  Minnesota correctional facility-St. Cloud, the Minnesota 
 99.13  correctional facility-Stillwater and the Minnesota correctional 
 99.14  facility-Shakopee on or after July 1, 1974, other than any 
 99.15  employees who are age 62 or older as of July 1, 1974.  Effective 
 99.16  the first payroll period after June 1, 1980, or the date of 
 99.17  initial employment in covered correctional service, whichever is 
 99.18  later, "covered correctional service" also includes those 
 99.19  employees of the Minnesota correctional facility-Lino Lakes and 
 99.20  the employees of any other adult state correctional facility 
 99.21  which may be established, who perform covered correctional 
 99.22  service after June 1, 1980.  "Special teacher" also includes the 
 99.23  classifications of facility educational administrator and 
 99.24  supervisor facility, or of patients at the Minnesota security 
 99.25  hospital or at the Minnesota sexual psychopathic personality 
 99.26  treatment center. 
 99.27     Sec. 7.  Minnesota Statutes 1994, section 352.91, is 
 99.28  amended by adding a subdivision to read: 
 99.29     Subd. 2a.  [SPECIAL TEACHERS.] "Covered correctional 
 99.30  service" also means service rendered by a state employee as a 
 99.31  special teacher employed by the department of corrections or by 
 99.32  the department of human services at a security unit, provided 
 99.33  that at least 75 percent of the employee's working time is spent 
 99.34  in direct contact with inmates or patients and the fact of this 
 99.35  direct contact is certified to the executive director by the 
 99.36  appropriate commissioner, unless the person elects to retain the