1999 Minnesota Statutes

CHAPTER 611A. Crime victims: rights, programs, agencies

     611A.01 Definitions. 

    For the purposes of sections 611A.01 to 611A.06: 

    (a) "Crime" means conduct that is prohibited by local 
 ordinance and results in bodily harm to an individual; or 
 conduct that is included within the definition of "crime" in 
 section 609.02, subdivision 1, or would be included within that 
 definition but for the fact that (i) the person engaging in the 
 conduct lacked capacity to commit the crime under the laws of 
 this state, or (ii) the act was alleged or found to have been 
 committed by a juvenile; 

    (b) "Victim" means a natural person who incurs loss or harm 
 as a result of a crime, including a good faith effort to prevent 
 a crime, and for purposes of sections 611A.04 and 611A.045, also 
 includes (i) a corporation that incurs loss or harm as a result 
 of a crime, (ii) a government entity that incurs loss or harm as 
 a result of a crime, and (iii) any other entity authorized to 
 receive restitution under section 609.10 or 609.125.  If the 
 victim is a natural person and is deceased, "victim" means the 
 deceased's surviving spouse or next of kin; and 

    (c) "Juvenile" has the same meaning as given to the term 
 "child" in section 260B.007, subdivision 3.  

    HIST: 1983 c 262 art 1 s 1; 1987 c 254 s 10; 1988 c 649 s 1; 
 1995 c 226 art 7 s 8; 1996 c 408 art 7 s 5; 1997 c 239 art 7 s 
 19; 1999 c 139 art 4 s 2 

     611A.015 Scope of victims' rights. 

    The rights afforded to crime victims in sections 611A.01 to 
 611A.06 are applicable to adult criminal cases, juvenile 
 delinquency proceedings, juvenile traffic proceedings involving 
 driving under the influence of alcohol or drugs, and proceedings 
 involving any other act committed by a juvenile that would be a 
 crime as defined in section 609.02, if committed by an adult. 

    HIST: 1993 c 326 art 6 s 6 

     611A.02 Notification of victim services and victims' 
  rights. 

    Subdivision 1.    Victim services.  The commissioner of 
 corrections, in cooperation with the executive director of the 
 crime victims reparations board, shall develop a plan to provide 
 victims with information concerning victim services in the 
 geographic area where the crime occurred.  This information 
 shall include, but need not be limited to, information about 
 available victim crisis centers, programs for victims of sexual 
 assault, victim witness programs, elderly victims projects, 
 victim assistance hotlines, incest abuse programs, and domestic 
 violence shelters and programs.  

    The plan shall take into account the fact that some 
 counties currently have informational service systems and victim 
 or witness services or programs.  

    This plan shall be presented to the appropriate standing 
 committees of the legislature no later than February 1, 1984.  

    Subd. 2.    Victims' rights.  (a) The crime victim and 
 witness advisory council shall develop two model notices of the 
 rights of crime victims.  

    (b) The initial notice of the rights of crime victims must 
 be distributed by a peace officer to each victim, as defined in 
 section 611A.01, at the time of initial contact with the 
 victim.  The notice must inform a victim of: 

    (1) the victim's right to apply for reparations to cover 
 losses, not including property losses, resulting from a violent 
 crime and the telephone number to call to request an 
 application; 

    (2) the victim's right to request that the law enforcement 
 agency withhold public access to data revealing the victim's 
 identity under section 13.82, subdivision 10, paragraph (d); 

    (3) the additional rights of domestic abuse victims as 
 described in section 629.341; 

    (4) information on the nearest crime victim assistance 
 program or resource; and 

    (5) the victim's rights, if an offender is charged, to be 
 informed of and participate in the prosecution process, 
 including the right to request restitution. 

    (c) A supplemental notice of the rights of crime victims 
 must be distributed by the city or county attorney's office to 
 each victim, within a reasonable time after the offender is 
 charged or petitioned.  This notice must inform a victim of all 
 the rights of crime victims under this chapter. 

    Subd. 3.    Notice of the rights of victims in juvenile 
 court.  (a) The crime victim and witness advisory council 
 shall develop a notice of the rights of victims in juvenile 
 court that explains: 

    (1) the rights of victims in the juvenile court; 

    (2) when a juvenile matter is public; 

    (3) the procedures to be followed in juvenile court 
 proceedings; and 

    (4) other relevant matters. 

    (b) The juvenile court shall distribute a copy of the 
 notice to each victim of juvenile crime who attends a juvenile 
 court proceeding, along with a notice of services for victims 
 available in that judicial district. 

    HIST: 1983 c 262 art 1 s 2; 1988 c 649 s 2; 1991 c 170 s 3; 
 1992 c 464 art 1 s 50; 1993 c 326 art 6 s 7; 1994 c 576 s 53 

     611A.021 Notice of right to request withholding of 
  certain public data. 

    A victim has a right under section 13.82, subdivision 10, 
 clause (d), to request a law enforcement agency to withhold 
 public access to data revealing the victim's identity.  

    HIST: 1990 c 579 s 7 

     611A.03 Plea agreements; notification. 

    Subdivision 1.    Plea agreements; notification of victim. 
  Prior to the entry of the factual basis for a plea pursuant 
 to a plea agreement recommendation, a prosecuting attorney shall 
 make a reasonable and good faith effort to inform the victim of: 

    (a) The contents of the plea agreement recommendation, 
 including the amount of time recommended for the defendant to 
 serve in jail or prison if the court accepts the agreement; and 

    (b) The right to be present at the sentencing hearing and 
 to express orally or in writing, at the victim's option, any 
 objection to the agreement or to the proposed disposition.  If 
 the victim is not present when the court considers the 
 recommendation, but has communicated objections to the 
 prosecuting attorney, the prosecuting attorney shall make these 
 objections known to the court. 

    Subd. 2.    Notification duties.  A prosecuting attorney 
 satisfies the requirements of subdivision 1 by notifying:  

    (a) The victim's legal guardian or guardian ad litem; or 

    (b) The three victims the prosecuting attorney believes to 
 have suffered the most, if there are more than three victims of 
 the offense.  

    Subd. 3. Repealed, 1988 c 649 s 5 

    HIST: 1983 c 262 art 1 s 3; 1986 c 351 s 18; 1986 c 444; 
 1Sp1986 c 3 art 1 s 76; 1989 c 190 s 3; 1992 c 571 art 5 s 4 

     611A.031 Victim input regarding pretrial diversion. 

    A prosecutor shall make every reasonable effort to notify 
 and seek input from the victim prior to referring a person into 
 a pretrial diversion program in lieu of prosecution for a 
 violation of sections 609.185, 609.19, 609.195, 609.20, 609.205, 
 609.221, 609.222, 609.223, 609.224, 609.2242, 609.24, 609.245, 
 609.25, 609.255, 609.342, 609.343, 609.344, 609.345, 609.365, 
 609.498, 609.561, 609.582, subdivision 1, 609.687, 609.713, and 
 609.749. 

    HIST: 1986 c 463 s 6; 1987 c 331 s 10; 1993 c 326 art 2 s 25; 
 1995 c 259 art 3 s 20 

     611A.0311 Domestic abuse prosecutions plan and 
  procedures; pilot program. 

    Subdivision 1.    Definitions.  (a) "Domestic abuse" has 
 the meaning given in section 518B.01, subdivision 2. 

    (b) "Domestic abuse case" means a prosecution for:  

    (1) a crime that involves domestic abuse; 

    (2) violation of a condition of release following an arrest 
 for a crime that involves domestic abuse; or 

    (3) violation of a domestic abuse order for protection. 

    Subd. 2.    Contents of plan.  Each county and city 
 attorney shall develop and implement a written plan to expedite 
 and improve the efficiency and just disposition of domestic 
 abuse cases brought to the prosecuting authority.  Domestic 
 abuse advocates, law enforcement officials, and other interested 
 members of the public must have an opportunity to assist in the 
 development or adaptation of the plans in each jurisdiction.  
 The commissioner shall make the model and related training and 
 technical assistance available to all city and county 
 attorneys.  All plans must state goals and contain policies and 
 procedures to address the following matters: 

    (1) early assignment of a trial prosecutor who has the 
 responsibility of handling the domestic abuse case through 
 disposition, whenever feasible, or, where applicable, probation 
 revocation; and early contact between the trial prosecutor and 
 the victim; 

    (2) procedures to facilitate the earliest possible contact 
 between the prosecutor's office and the victim for the purpose 
 of acquainting the victim with the criminal justice process, the 
 use of subpoenas, the victim's role as a witness in the 
 prosecution, and the domestic abuse or victim services that are 
 available; 

    (3) procedures to coordinate the trial prosecutor's efforts 
 with those of the domestic abuse advocate or victim advocate, 
 where available, and to facilitate the early provision of 
 advocacy services to the victim; 

    (4) procedures to encourage the prosecution of all domestic 
 abuse cases where a crime can be proven; 

    (5) methods that will be used to identify, gather, and 
 preserve evidence in addition to the victim's in-court testimony 
 that will enhance the ability to prosecute a case when a victim 
 is reluctant to assist, including but not limited to physical 
 evidence of the victim's injury, evidence relating to the scene 
 of the crime, eyewitness testimony, and statements of the victim 
 made at or near the time of the injury; 

    (6) procedures for educating local law enforcement agencies 
 about the contents of the plan and their role in assisting with 
 its implementation; 

    (7) the use for subpoenas to victims and witnesses, where 
 appropriate; 

    (8) procedures for annual review of the plan to evaluate 
 whether it is meeting its goals effectively and whether 
 improvements are needed; and 

    (9) a timetable for implementation. 

    Subd. 3.    Notice filed with department of public safety. 
  Each city and county attorney shall file a notice that a 
 prosecution plan has been adopted with the commissioner of 
 public safety by June 1, 1994. 

    HIST: 1990 c 583 s 5; 1992 c 571 art 6 s 18,19 

     611A.0315 Victim notification; domestic assault; 
  harassment. 

    Subdivision 1.    Notice of decision not to prosecute.  
 (a) A prosecutor shall make every reasonable effort to notify a 
 victim of domestic assault or harassment that the prosecutor has 
 decided to decline prosecution of the case or to dismiss the 
 criminal charges filed against the defendant.  Efforts to notify 
 the victim should include, in order of priority:  (1) contacting 
 the victim or a person designated by the victim by telephone; 
 and (2) contacting the victim by mail.  If a suspect is still in 
 custody, the notification attempt shall be made before the 
 suspect is released from custody. 

    (b) Whenever a prosecutor dismisses criminal charges 
 against a person accused of domestic assault or harassment, a 
 record shall be made of the specific reasons for the dismissal.  
 If the dismissal is due to the unavailability of the witness, 
 the prosecutor shall indicate the specific reason that the 
 witness is unavailable.  

    (c) Whenever a prosecutor notifies a victim of domestic 
 assault or harassment under this section, the prosecutor shall 
 also inform the victim of the method and benefits of seeking an 
 order for protection under section 518B.01 or a restraining 
 order under section 609.748 and that the victim may seek an 
 order without paying a fee. 

    Subd. 2.    Definitions.  For the purposes of this 
 section, the following terms have the meanings given them. 

    (a) "Assault" has the meaning given it in section 609.02, 
 subdivision 10. 

    (b) "Domestic assault" means an assault committed by the 
 actor against a family or household member. 

    (c) "Family or household member" has the meaning given it 
 in section 518B.01, subdivision 2. 

    (d) "Harassment" means a violation of section 609.749. 

    HIST: 1988 c 638 s 4; 1990 c 583 s 6; 1993 c 326 art 2 s 26 

  611A.032 Repealed, 1995 c 186 s 102 

     611A.033 Speedy trial; notice of schedule change. 

    (a) A victim has the right to request that the prosecutor 
 make a demand under rule 11.10 of the Rules of Criminal 
 Procedure that the trial be commenced within 60 days of the 
 demand.  The prosecutor shall make reasonable efforts to comply 
 with the victim's request. 

    (b) A prosecutor shall make reasonable efforts to provide 
 advance notice of any change in the schedule of the court 
 proceedings to a victim who has been subpoenaed or requested to 
 testify. 

    HIST: 1986 c 435 s 12 

     611A.034 Separate waiting areas in courthouse. 

    The court shall provide a waiting area for victims during 
 court proceedings which is separate from the waiting area used 
 by the defendant, the defendant's relatives, and defense 
 witnesses, if such a waiting area is available and its use is 
 practical.  If a separate waiting area for victims is not 
 available or practical, the court shall provide other safeguards 
 to minimize the victim's contact with the defendant, the 
 defendant's relatives, and defense witnesses during court 
 proceedings, such as increased bailiff surveillance and victim 
 escorts. 

    HIST: 1986 c 435 s 13; 1992 c 571 art 5 s 5 

     611A.035 Confidentiality of victim's address. 

    Subdivision 1.    Discretion of prosecutor not to 
 disclose.  A prosecutor may elect not to disclose a victim's 
 or witness's home or employment address, telephone number, or 
 date of birth if the prosecutor certifies to the trial court 
 that: 

    (1) the defendant or respondent has been charged with or 
 alleged to have committed a crime; 

    (2) the nondisclosure is needed to address the victim's or 
 witness's concerns about safety or security; and 

    (3) the victim's or witness's home or employment address, 
 telephone number, or date of birth is not relevant to the 
 prosecution's case. 

    If such a certification is made, the prosecutor must make a 
 motion with proper notice for the court's permission to continue 
 to withhold this information. 

    The court shall either: 

    (1) order the information disclosed to defense counsel, but 
 order it not disclosed to the defendant; or 

    (2) order the prosecutor to contact the victim or witness 
 to arrange a confidential meeting between defense counsel, or 
 defense counsel's agent, and the victim or witness, at a neutral 
 location, if the victim or witness consents to a meeting. 

    This subdivision shall not be construed to compel a victim 
 or witness to give any statement to or attend any meeting with 
 defense counsel or defense counsel's agent. 

    Subd. 2.    Witness testimony in court.  No victim or 
 witness providing testimony in court proceedings may be 
 compelled to state a home or employment address, telephone 
 number, or the date of birth of the victim or witness on the 
 record in open court unless the court finds that the testimony 
 would be relevant evidence. 

    HIST: 1986 c 444; 1986 c 463 s 8; 1987 c 331 s 11; 1997 c 239 
 art 7 s 20; 1999 c 79 s 1 

     611A.036 Prohibition against employer retaliation. 

    An employer or employer's agent who threatens to discharge 
 or discipline a victim or witness, or who discharges, 
 disciplines, or causes a victim or witness to be discharged from 
 employment or disciplined because the victim or the witness is 
 subpoenaed or requested by the prosecutor to attend court for 
 the purpose of giving testimony, is guilty of a misdemeanor and 
 may be punished for contempt of court.  In addition, the court 
 shall order the employer to offer job reinstatement to any 
 victim or witness discharged from employment in violation of 
 this section, and to pay the victim or witness back wages as 
 appropriate. 

    HIST: 1986 c 463 s 9; 1994 c 636 art 7 s 1 

     611A.037 Presentence investigation; victim impact; 
  notice. 

    Subdivision 1.    Victim impact statement.  A 
 presentence investigation report prepared under section 609.115 
 shall include the following information relating to victims: 

    (a) a summary of the damages or harm and any other problems 
 generated by the criminal occurrence; 

    (b) a concise statement of what disposition the victim 
 deems appropriate for the defendant or juvenile court 
 respondent, including reasons given, if any, by the victim in 
 support of the victim's opinion; and 

    (c) an attachment to the report, consisting of the victim's 
 written objections, if any, to the proposed disposition if the 
 victim provides the officer conducting the presentence 
 investigation with this written material within a reasonable 
 time prior to the disposition. 

    Subd. 2.    Notice to victim.  The officer conducting a 
 presentence or predispositional investigation shall make 
 reasonable and good faith efforts to assure that the victim of 
 that crime is provided with the following information by 
 contacting the victim or assuring that another public or private 
 agency has contacted the victim:  (i) the charge or juvenile 
 court petition to which the defendant has been convicted or 
 pleaded guilty, or the juvenile respondent has admitted in court 
 or has been found to have committed by the juvenile court, and 
 of any plea agreement between the prosecution and the defense 
 counsel; (ii) the victim's right to request restitution pursuant 
 to section 611A.04; (iii) the time and place of the sentencing 
 or juvenile court disposition and the victim's right to be 
 present; and (iv) the victim's right to object in writing to the 
 court, prior to the time of sentencing or juvenile court 
 disposition, to the proposed sentence or juvenile dispositional 
 alternative, or to the terms of the proposed plea agreement.  To 
 assist the victim in making a recommendation under clause (iv), 
 the officer shall provide the victim with information about the 
 court's options for sentencing and other dispositions.  Failure 
 of the officer to comply with this subdivision does not give any 
 rights or grounds for postconviction or postjuvenile disposition 
 relief to the defendant or juvenile court respondent, nor does 
 it entitle a defendant or a juvenile court respondent to 
 withdraw a plea of guilty. 

    HIST: 1987 c 331 s 12; 1998 c 396 s 7 

     611A.038 Right to submit statement at sentencing. 

    (a) A victim has the right to submit an impact statement to 
 the court at the time of sentencing or disposition hearing.  The 
 impact statement may be presented to the court orally or in 
 writing, at the victim's option.  If the victim requests, the 
 prosecutor must orally present the statement to the court. 

    Statements may include the following, subject to reasonable 
 limitations as to time and length: 

    (1) a summary of the harm or trauma suffered by the victim 
 as a result of the crime; 

    (2) a summary of the economic loss or damage suffered by 
 the victim as a result of the crime; and 

    (3) a victim's reaction to the proposed sentence or 
 disposition. 

    (b) A representative of the community affected by the crime 
 may submit an impact statement in the same manner that a victim 
 may as provided in paragraph (a).  This impact statement shall 
 describe the adverse social or economic effects the offense has 
 had on persons residing and businesses operating in the 
 community where the offense occurred. 

    (c) If the court permits the defendant or anyone speaking 
 on the defendant's behalf to present a statement to the court, 
 the court shall limit the response to factual issues which are 
 relevant to sentencing. 

    (d) Nothing in this section shall be construed to extend 
 the defendant's right to address the court under section 631.20. 

    HIST: 1988 c 649 s 3; 1989 c 290 art 2 s 16; 1997 c 239 art 7 
 s 21 

     611A.0385 Sentencing; implementation of right to notice 
  of offender release. 

    At the time of sentencing or the disposition hearing in a 
 case in which there is an identifiable victim, the court or its 
 designee shall make reasonable good faith efforts to inform each 
 affected victim of the offender notice of release provisions of 
 section 611A.06.  If the victim is a minor, the court or its 
 designee shall, if appropriate, also make reasonable good faith 
 efforts to inform the victim's parent or guardian of the right 
 to notice of release.  The state court administrator, in 
 consultation with the commissioner of corrections, shall prepare 
 a form that outlines the notice of release provisions under 
 section 611A.06 and describes how a victim should complete and 
 submit a request to the commissioner of corrections or other 
 custodial authority to be informed of an offender's release.  
 The state court administrator shall make these forms available 
 to court administrators who shall assist the court in 
 disseminating right to notice of offender release information to 
 victims. 

    HIST: 1994 c 636 art 7 s 2 

     611A.039 Right to notice of final disposition of 
  criminal case. 

    Subdivision 1.    Notice required.  Except as otherwise 
 provided in subdivision 2, within 15 working days after a 
 conviction, acquittal, or dismissal in a criminal case in which 
 there is an identifiable crime victim, the prosecutor shall make 
 reasonable good faith efforts to provide to each affected crime 
 victim oral or written notice of the final disposition of the 
 case.  When the court is considering modifying the sentence for 
 a felony or a crime of violence or an attempted crime of 
 violence, the court or its designee shall make a reasonable and 
 good faith effort to notify the victim of the crime.  If the 
 victim is incapacitated or deceased, notice must be given to the 
 victim's family.  If the victim is a minor, notice must be given 
 to the victim's parent or guardian.  The notice must include: 

    (1) the date and approximate time of the review; 

    (2) the location where the review will occur; 

    (3) the name and telephone number of a person to contact 
 for additional information; and 

    (4) a statement that the victim and victim's family may 
 provide input to the court concerning the sentence modification. 

    As used in this section, "crime of violence" has the 
 meaning given in section 624.712, subdivision 5, and also 
 includes gross misdemeanor violations of section 609.224, and 
 nonfelony violations of sections 518B.01, 609.2231, 609.3451, 
 609.748, and 609.749. 

    Subd. 2.    Exception.  If a prosecutor contacts an 
 identifiable crime victim in advance of the final case 
 disposition, either orally or in writing, and notifies the 
 victim of the victim's right to request information on the final 
 disposition of the case, the prosecutor shall only be required 
 to provide the notice described in subdivision 1 to those 
 victims who have indicated in advance their desire to be 
 notified of the final case disposition. 

    HIST: 1991 c 170 s 4; 1997 c 239 art 7 s 22 

     611A.0395 Right to information regarding defendant's 
  appeal. 

    Subdivision 1.    Prosecuting attorney to notify victims. 
  (a) The prosecuting attorney shall make a reasonable and good 
 faith effort to provide to each affected victim oral or written 
 notice of a pending appeal.  This notice must be provided within 
 30 days of filing of the respondent's brief.  The notice must 
 contain a brief explanation of the contested issues or a copy of 
 the brief, an explanation of the applicable process, information 
 about scheduled oral arguments or hearings, a statement that the 
 victim and the victim's family may attend the argument or 
 hearing, and the name and telephone number of a person that may 
 be contacted for additional information. 

    (b) In a criminal case in which there is an identifiable 
 crime victim, within 15 working days of a final decision on an 
 appeal, the prosecuting attorney shall make a reasonable and 
 good faith effort to provide to each affected victim oral or 
 written notice of the decision.  This notice must include a 
 brief explanation of what effect, if any, the decision has upon 
 the judgment of the trial court and the name and telephone 
 number of a person that may be contacted for additional 
 information. 

    Subd. 2.    Exception.  The notices described in 
 subdivision 1 do not have to be given to victims who have 
 previously indicated a desire not to be notified. 

    HIST: 1997 c 239 art 7 s 23 

     611A.04 Order of restitution. 

    Subdivision 1.    Request; decision.  (a) A victim of a 
 crime has the right to receive restitution as part of the 
 disposition of a criminal charge or juvenile delinquency 
 proceeding against the offender if the offender is convicted or 
 found delinquent.  The court, or a person or agency designated 
 by the court, shall request information from the victim to 
 determine the amount of restitution owed.  The court or its 
 designee shall obtain the information from the victim in 
 affidavit form or by other competent evidence.  Information 
 submitted relating to restitution must describe the items or 
 elements of loss, itemize the total dollar amounts of 
 restitution claimed, and specify the reasons justifying these 
 amounts, if restitution is in the form of money or property.  A 
 request for restitution may include, but is not limited to, any 
 out-of-pocket losses resulting from the crime, including medical 
 and therapy costs, replacement of wages and services, expenses 
 incurred to return a child who was a victim of a crime under 
 section 609.26 to the child's parents or lawful custodian, and 
 funeral expenses.  An actual or prospective civil action 
 involving the alleged crime shall not be used by the court as a 
 basis to deny a victim's right to obtain court-ordered 
 restitution under this section.  In order to be considered at 
 the sentencing or dispositional hearing, all information 
 regarding restitution must be received by the court 
 administrator of the appropriate court at least three business 
 days before the sentencing or dispositional hearing.  The court 
 administrator shall provide copies of this request to the 
 prosecutor and the offender or the offender's attorney at least 
 24 hours before the sentencing or dispositional hearing.  The 
 issue of restitution is reserved or the sentencing or 
 dispositional hearing or hearing on the restitution request may 
 be continued if the victim's affidavit or other competent 
 evidence submitted by the victim is not received in time.  At 
 the sentencing or dispositional hearing, the court shall give 
 the offender an opportunity to respond to specific items of 
 restitution and their dollar amounts in accordance with the 
 procedures established in section 611A.045, subdivision 3.  

    (b) The court may amend or issue an order of restitution 
 after the sentencing or dispositional hearing if: 

    (1) the offender is on probation, committed to the 
 commissioner of corrections, or on supervised release; 

    (2) sufficient evidence of a right to restitution has been 
 submitted; and 

    (3) the true extent of the victim's loss or the loss of the 
 crime victims reparations board was not known at the time of the 
 sentencing or dispositional hearing, or hearing on the 
 restitution request. 

    If the court holds a hearing on the restitution request, 
 the court must notify the offender, the offender's attorney, the 
 victim, the prosecutor, and the crime victims reparations board 
 at least five business days before the hearing.  The court's 
 restitution decision is governed by this section and section 
 611A.045. 

    (c) The court shall grant or deny restitution or partial 
 restitution and shall state on the record its reasons for its 
 decision on restitution if information relating to restitution 
 has been presented.  If the court grants partial restitution it 
 shall also specify the full amount of restitution that may be 
 docketed as a civil judgment under subdivision 3.  The court may 
 not require that the victim waive or otherwise forfeit any 
 rights or causes of action as a condition of granting 
 restitution or partial restitution.  In the case of a defendant 
 who is on probation, the court may not refuse to enforce an 
 order for restitution solely on the grounds that the order has 
 been docketed as a civil judgment.  

    Subd. 1a.    Crime board request.  The crime victims 
 reparations board may request restitution on behalf of a victim 
 by filing a copy of orders of the board, if any, which detail 
 any amounts paid by the board to the victim.  The board may file 
 the payment order with the court administrator or with the 
 person or agency the court has designated to obtain information 
 relating to restitution.  The board shall submit the payment 
 order not less than three business days after it is issued by 
 the board.  The court administrator shall provide copies of the 
 payment order to the prosecutor and the offender or the 
 offender's attorney within 48 hours of receiving it from the 
 board or at least 24 hours before the sentencing or 
 dispositional hearing, whichever is earlier.  By operation of 
 law, the issue of restitution is reserved if the payment order 
 is not received at least three days before the sentencing or 
 dispositional hearing.  The filing of a payment order for 
 reparations with the court administrator shall also serve as a 
 request for restitution by the victim.  The restitution 
 requested by the board may be considered to be both on its own 
 behalf and on behalf of the victim.  If the board has not paid 
 reparations to the victim or on the victim's behalf, restitution 
 may be made directly to the victim.  If the board has paid 
 reparations to the victim or on the victim's behalf, the court 
 shall order restitution payments to be made directly to the 
 board. 

    Subd. 1b.    Affidavit of disclosure.  An offender who 
 has been ordered by the court to make restitution in an amount 
 of $500 or more shall file an affidavit of financial disclosure 
 with the correctional agency responsible for investigating the 
 financial resources of the offender on request of the agency.  
 The commissioner of corrections shall prescribe what financial 
 information the affidavit must contain. 

    Subd. 2.    Procedures.  The offender shall make 
 restitution payments to the court administrator of the county, 
 municipal, or district court of the county in which the 
 restitution is to be paid.  The court administrator shall 
 disburse restitution in incremental payments and may not keep a 
 restitution payment for longer than 30 days; except that the 
 court administrator is not required to disburse a restitution 
 payment that is under $10 unless the payment would fulfill the 
 offender's restitution obligation.  The court administrator 
 shall keep records of the amount of restitution ordered in each 
 case, any change made to the restitution order, and the amount 
 of restitution actually paid by the offender.  The court 
 administrator shall forward the data collected to the state 
 court administrator who shall compile the data and make it 
 available to the supreme court and the legislature upon request. 

    Subd. 3.    Effect of order for restitution.  An order 
 of restitution may be enforced by any person named in the order 
 to receive the restitution, or by the crime victims reparations 
 board in the same manner as a judgment in a civil action.  Any 
 order for restitution in favor of a victim shall also operate as 
 an order for restitution in favor of the crime victims 
 reparations board, if the board has paid reparations to the 
 victim or on the victim's behalf.  Filing fees for docketing an 
 order of restitution as a civil judgment are waived for any 
 victim named in the restitution order.  An order of restitution 
 shall be docketed as a civil judgment, in the name of any person 
 named in the order and in the name of the crime victims 
 reparations board, by the court administrator of the district 
 court in the county in which the order of restitution was 
 entered.  The court administrator also shall notify the 
 commissioner of revenue of the restitution debt in the manner 
 provided in chapter 270A, the Revenue Recapture Act.  A juvenile 
 court is not required to appoint a guardian ad litem for a 
 juvenile offender before docketing a restitution order.  
 Interest shall accrue on the unpaid balance of the judgment as 
 provided in section 549.09.  Whether the order of restitution 
 has been docketed or not, it is a debt that is not dischargeable 
 in bankruptcy.  A decision for or against restitution in any 
 criminal or juvenile proceeding is not a bar to any civil action 
 by the victim or by the state pursuant to section 611A.61 
 against the offender.  The offender shall be given credit, in 
 any order for judgment in favor of a victim in a civil action, 
 for any restitution paid to the victim for the same injuries for 
 which the judgment is awarded. 

    Subd. 4.    Payment of restitution.  When the court 
 orders both the payment of restitution and the payment of a fine 
 and the defendant does not pay the entire amount of 
 court-ordered restitution and the fine at the same time, the 
 court may order that all restitution shall be paid before the 
 fine is paid. 

    Subd. 5.    Unclaimed restitution payments.  Restitution 
 payments held by the court for a victim that remain unclaimed by 
 the victim for more than three years shall be deposited in the 
 crime victims account created in section 611A.612. 

    At the time the deposit is made, the court shall record the 
 name and last known address of the victim and the amount being 
 deposited, and shall forward the data to the crime victims 
 reparations board. 

    HIST: 1983 c 262 art 1 s 4,6; 1985 c 110 s 1; 1986 c 463 s 10; 
 1Sp1986 c 3 art 1 s 82; 1987 c 244 s 2; 1987 c 254 s 11; 1989 c 
 21 s 4-6; 1990 c 579 s 8; 1991 c 211 s 1; 1992 c 571 art 5 s 
 6,7; 1993 c 326 art 6 s 8-10; 1994 c 636 art 7 s 3; 1995 c 226 
 art 7 s 9; 1996 c 408 art 7 s 6-8; 1997 c 239 art 7 s 24; 1999 c 
 136 s 1 

     611A.045 Procedure for issuing order of restitution. 

    Subdivision 1.    Criteria.  (a) The court, in 
 determining whether to order restitution and the amount of the 
 restitution, shall consider the following factors: 

    (1) the amount of economic loss sustained by the victim as 
 a result of the offense; and 

    (2) the income, resources, and obligations of the defendant.

    (b) If there is more than one victim of a crime, the court 
 shall give priority to victims who are not governmental entities 
 when ordering restitution. 

    Subd. 2.    Presentence investigation.  The presentence 
 investigation report made pursuant to section 609.115, 
 subdivision 1, must contain information pertaining to the 
 factors set forth in subdivision 1. 

    Subd. 2a.    Payment structure.  The court shall include 
 in every restitution order a provision requiring a payment 
 schedule or structure.  The court may assign the responsibility 
 for developing the schedule or structure to the court 
 administrator, a probation officer, or another designated 
 person.  The person who develops the payment schedule or 
 structure shall consider relevant information supplied by the 
 defendant.  If the defendant is placed on supervised probation, 
 the payment schedule or structure must be incorporated into the 
 probation agreement and must provide that the obligation to pay 
 restitution continues throughout the term of probation.  If the 
 defendant is not placed on probation, the structure or schedule 
 must provide that the obligation to pay restitution begins no 
 later than 60 days after the restitution order is issued. 

    Subd. 3.    Dispute; evidentiary burden; procedures.  
 (a) At the sentencing, dispositional hearing, or hearing on the 
 restitution request, the offender shall have the burden to 
 produce evidence if the offender intends to challenge the amount 
 of restitution or specific items of restitution or their dollar 
 amounts.  This burden of production must include a detailed 
 sworn affidavit of the offender setting forth all challenges to 
 the restitution or items of restitution, and specifying all 
 reasons justifying dollar amounts of restitution which differ 
 from the amounts requested by the victim or victims.  The 
 affidavit must be served on the prosecuting attorney and the 
 court at least five business days before the hearing.  A dispute 
 as to the proper amount or type of restitution must be resolved 
 by the court by the preponderance of the evidence.  The burden 
 of demonstrating the amount of loss sustained by a victim as a 
 result of the offense and the appropriateness of a particular 
 type of restitution is on the prosecution.  

    (b) An offender may challenge restitution, but must do so 
 by requesting a hearing within 30 days of receiving written 
 notification of the amount of restitution requested, or within 
 30 days of sentencing, whichever is later.  Notice to the 
 offender's attorney is deemed notice to the offender.  The 
 hearing request must be made in writing and filed with the court 
 administrator.  A defendant may not challenge restitution after 
 the 30-day time period has passed. 

    HIST: 1985 c 110 s 2; 1989 c 21 s 7; 1994 c 636 art 7 s 4; 
 1997 c 239 art 7 s 25; 1999 c 38 s 1 

     611A.046 Victim's right to request probation review 
  hearing. 

    A victim has the right to ask the offender's probation 
 officer to request a probation review hearing if the offender 
 fails to pay restitution as required in a restitution order. 

    HIST: 1989 c 21 s 8 

     611A.05 Penalties no bar to civil remedies.  

    The provision in any law for a penalty or forfeiture for 
 its violation shall not be construed to deprive an injured 
 person of the right to recover from the offender damages 
 sustained by reason of the violation of such law.  

    HIST: 1941 c 492 s 23; 1983 c 262 art 1 s 6 

     611A.06 Right to notice of release. 

    Subdivision 1.    Notice of release required.  The 
 commissioner of corrections or other custodial authority shall 
 make a good faith effort to notify the victim that the offender 
 is to be released from imprisonment or incarceration, including 
 release on extended furlough and for work release; released from 
 a juvenile correctional facility; released from a facility in 
 which the offender was confined due to incompetency, mental 
 illness, or mental deficiency, or commitment under section 
 253B.18 or 253B.185; or if the offender's custody status is 
 reduced, if the victim has mailed to the commissioner of 
 corrections or to the head of the facility in which the offender 
 is confined a written request for this notice.  The good faith 
 effort to notify the victim must occur prior to the offender's 
 release or when the offender's custody status is reduced.  For a 
 victim of a felony crime against the person for which the 
 offender was sentenced to imprisonment for more than 18 months, 
 the good faith effort to notify the victim must occur 60 days 
 before the offender's release. 

    Subd. 2.    Contents of notice.  The notice given to a 
 victim of a crime against a person must include the conditions 
 governing the offender's release, and either the identity of the 
 corrections agent who will be supervising the offender's release 
 or a means to identify the court services agency that will be 
 supervising the offender's release.  The commissioner or other 
 custodial authority complies with this section upon mailing the 
 notice of impending release to the victim at the address which 
 the victim has most recently provided to the commissioner or 
 authority in writing.  

    Subd. 3.    Notice of escape.  If an offender escapes 
 from imprisonment or incarceration, including from release on 
 extended furlough or work release, or from any facility 
 described in subdivision 1, the commissioner or other custodial 
 authority shall make all reasonable efforts to notify a victim 
 who has requested notice of the offender's release under 
 subdivision 1 within six hours after discovering the escape and 
 shall also make reasonable efforts to notify the victim within 
 24 hours after the offender is apprehended. 

    Subd. 4.    Private data.  All identifying information 
 regarding the victim, including the victim's request and the 
 notice provided by the commissioner or custodial authority, is 
 classified as private data on individuals as defined in section 
 13.02, subdivision 12, and is accessible only to the victim.  

    Subd. 5.    Definition.  As used in this section, "crime 
 against the person" means a crime listed in section 611A.031. 

    HIST: 1983 c 262 art 1 s 5; 1986 c 444; 1986 c 445 s 4; 1986 c 
 463 s 11; 1987 c 224 s 3; 1988 c 649 s 4; 1989 c 190 s 4; 1990 c 
 579 s 9; 1991 c 170 s 5; 1993 c 326 art 6 s 11; art 13 s 35; 
 1994 c 636 art 7 s 5; 1Sp1994 c 1 art 2 s 33 

     611A.07 Electronic monitoring to protect domestic abuse 
  victims; standards. 

    Subdivision 1.    Generally.  The commissioner of 
 corrections, after considering the recommendations of the 
 battered women advisory council and the sexual assault advisory 
 council, and in collaboration with the commissioner of public 
 safety, shall adopt standards governing electronic monitoring 
 devices used to protect victims of domestic abuse.  In 
 developing proposed standards, the commissioner shall consider 
 the experience of the courts in the tenth judicial district in 
 the use of the devices to protect victims of domestic abuse.  
 These standards shall promote the safety of the victim and shall 
 include measures to avoid the disparate use of the device with 
 communities of color, product standards, monitoring agency 
 standards, and victim disclosure standards.  

    Subd. 2. Repealed, 1996 c 310 s 1 

    HIST: 1992 c 571 art 6 s 20 

     611A.08 Barring perpetrators of crimes from recovering 
  for injuries sustained during criminal conduct. 

    Subdivision 1.    Definitions.  As used in this section: 

    (1) "perpetrator" means a person who has engaged in 
 criminal conduct and includes a person convicted of a crime; 

    (2) "victim" means a person who was the object of another's 
 criminal conduct and includes a person at the scene of an 
 emergency who gives reasonable assistance to another person who 
 is exposed to or has suffered grave physical harm; 

    (3) "course of criminal conduct" includes the acts or 
 omissions of a victim in resisting criminal conduct; and 

    (4) "convicted" includes a finding of guilt, whether or not 
 the adjudication of guilt is stayed or executed, an unwithdrawn 
 judicial admission of guilt or guilty plea, a no contest plea, a 
 judgment of conviction, an adjudication as a delinquent child, 
 an admission to a juvenile delinquency petition, or a 
 disposition as an extended jurisdiction juvenile. 

    Subd. 2.    Perpetrator's assumption of the risk.  A 
 perpetrator assumes the risk of loss, injury, or death resulting 
 from or arising out of a course of criminal conduct involving a 
 violent crime, as defined in this section, engaged in by the 
 perpetrator or an accomplice, as defined in section 609.05, and 
 the crime victim is immune from and not liable for any civil 
 damages as a result of acts or omissions of the victim if the 
 victim used reasonable force as authorized in section 609.06 or 
 609.065. 

    Subd. 3.    Evidence.  Notwithstanding other evidence 
 which the victim may adduce relating to the perpetrator's 
 conviction of the violent crime involving the parties to the 
 civil action, a certified copy of:  a guilty plea; a court 
 judgment of guilt; a court record of conviction as specified in 
 section 599.24, 599.25, or 609.041; an adjudication as a 
 delinquent child; or a disposition as an extended jurisdiction 
 juvenile pursuant to section 260B.130 is conclusive proof of the 
 perpetrator's assumption of the risk. 

    Subd. 4.    Attorney's fees to victim.  If the 
 perpetrator does not prevail in a civil action that is subject 
 to this section, the court may award reasonable expenses, 
 including attorney's fees and disbursements, to the victim. 

    Subd. 5.    Stay of civil action.  Except to the extent 
 needed to preserve evidence, any civil action in which the 
 defense set forth in subdivision 1 or 2 is raised shall be 
 stayed by the court on the motion of the defendant during the 
 pendency of any criminal action against the plaintiff based on 
 the alleged violent crime. 

    Subd. 6.    Violent crime; definition.  For purposes of 
 this section, "violent crime" means an offense named in sections 
 609.185; 609.19; 609.195; 609.20; 609.205; 609.221; 609.222; 
 609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.342; 
 609.343; 609.344; 609.345; 609.561; 609.562; 609.563; and 
 609.582, or an attempt to commit any of these offenses.  
 "Violent crime" includes crimes in other states or jurisdictions 
 which would have been within the definition set forth in this 
 subdivision if they had been committed in this state. 

    HIST: 1995 c 226 art 6 s 15; 1999 c 139 art 4 s 2 

     611A.19 Testing of sex offender for human 
  immunodeficiency virus. 

    Subdivision 1.    Testing on request of victim.  (a) 
 Upon the request or with the consent of the victim, the 
 prosecutor shall make a motion in camera and the sentencing 
 court shall issue an order requiring an adult convicted of or a 
 juvenile adjudicated delinquent for violating section 609.342 
 (criminal sexual conduct in the first degree), 609.343 (criminal 
 sexual conduct in the second degree), 609.344 (criminal sexual 
 conduct in the third degree), 609.345 (criminal sexual conduct 
 in the fourth degree), or any other violent crime, as defined in 
 section 609.1095, to submit to testing to determine the presence 
 of human immunodeficiency virus (HIV) antibody if:  

    (1) the crime involved sexual penetration, however slight, 
 as defined in section 609.341, subdivision 12; or 

    (2) evidence exists that the broken skin or mucous membrane 
 of the victim was exposed to or had contact with the offender's 
 semen or blood during the commission of the crime in a manner 
 which has been demonstrated epidemiologically to transmit the 
 human immunodeficiency virus (HIV).  

    (b) When the court orders an offender to submit to testing 
 under paragraph (a), the court shall order that the test be 
 performed by an appropriate health professional who is trained 
 to provide the counseling described in section 144.763, and that 
 no reference to the test, the motion requesting the test, the 
 test order, or the test results may appear in the criminal 
 record or be maintained in any record of the court or court 
 services.  

    Subd. 2.    Disclosure of test results.  The date and 
 results of a test performed under subdivision 1 are private data 
 as defined in section 13.02, subdivision 12, when maintained by 
 a person subject to chapter 13, or may be released only with the 
 subject's consent, if maintained by a person not subject to 
 chapter 13.  The results are available, on request, to the 
 victim or, if the victim is a minor, to the victim's parent or 
 guardian and positive test results shall be reported to the 
 commissioner of health.  Any test results given to a victim or 
 victim's parent or guardian shall be provided by a health 
 professional who is trained to provide the counseling described 
 in section 144.763.  Data regarding administration and results 
 of the test are not accessible to any other person for any 
 purpose and shall not be maintained in any record of the court 
 or court services or any other record.  After the test results 
 are given to the victim or the victim's parent or guardian, data 
 on the test must be removed from any medical data or health 
 records maintained under section 13.42 or 144.335 and destroyed. 

    HIST: 1992 c 569 s 27; 1994 c 636 art 7 s 6; 1995 c 226 art 7 
 s 10; 1998 c 367 art 6 s 15 

     611A.20 Notice of risk of sexually transmitted disease. 

    Subdivision 1.    Notice required.  A hospital shall 
 give a written notice about sexually transmitted diseases to a 
 person receiving medical services in the hospital who reports or 
 evidences a sexual assault or other unwanted sexual contact or 
 sexual penetration.  When appropriate, the notice must be given 
 to the parent or guardian of the victim. 

    Subd. 2.    Contents of notice.  The commissioners of 
 public safety and corrections, in consultation with sexual 
 assault victim advocates and health care professionals, shall 
 develop the notice required by subdivision 1.  The notice must 
 inform the victim of: 

    (1) the risk of contracting sexually transmitted diseases 
 as a result of a sexual assault; 

    (2) the symptoms of sexually transmitted diseases; 

    (3) recommendations for periodic testing for the diseases, 
 where appropriate; 

    (4) locations where confidential testing is done and the 
 extent of the confidentiality provided; 

    (5) information necessary to make an informed decision 
 whether to request a test of the offender under section 611A.19; 
 and 

    (6) other medically relevant information. 

    HIST: 1990 c 436 s 1; 1992 c 569 s 28 

     611A.21 Development of statewide program; definition; 
  services. 

    Subdivision 1.  The commissioner of corrections shall 
 develop a community based, statewide program to aid victims of 
 reported sexual attacks.  

    Subd. 2.  As used in sections 611A.21 and 611A.221, a 
 "sexual attack" means any nonconsensual act of rape, sodomy, or 
 indecent liberties. 

    Subd. 3.  The program developed by the commissioner of 
 corrections may include, but not be limited to, provision of the 
 following services: 

    (a) Voluntary counseling by trained personnel to begin as 
 soon as possible after a sexual attack is reported.  The 
 counselor shall be of the same sex as the victim and shall, if 
 requested, accompany the victim to the hospital and to other 
 proceedings concerning the alleged attack, including police 
 questioning, police investigation, and court proceedings.  The 
 counselor shall also inform the victim of hospital procedures, 
 police and court procedures, the possibility of contracting 
 venereal disease, the possibility of pregnancy, expected 
 emotional reactions and any other relevant information; and 
 shall make appropriate referrals for any assistance desired by 
 the victim.  

    (b) Payment of all costs of any medical examinations and 
 medical treatment which the victim may require as a result of 
 the sexual attack if the victim is not otherwise reimbursed for 
 these expenses or is ineligible to receive compensation under 
 any other law of this state or of the United States.  

    HIST: 1974 c 578 s 1; 1983 c 262 art 1 s 6; 1998 c 254 art 1 s 
 103 

     611A.22 Powers of commissioner.  

    In addition to developing the statewide program, the 
 commissioner of corrections may: 

    (a) Assist and encourage county attorneys to assign 
 prosecuting attorneys trained in sensitivity and understanding 
 of victims of sexual attacks; 

    (b) Assist the peace officers training board and municipal 
 police forces to develop programs to provide peace officers 
 training in sensitivity and understanding of victims of sexual 
 attacks; and encourage the assignment of trained peace officers 
 of the same sex as the victim to conduct all necessary 
 questioning of the victim; 

    (c) Encourage hospital administrators to place a high 
 priority on the expeditious treatment of victims of sexual 
 attacks; and to retain personnel trained in sensitivity and 
 understanding of victims of sexual attacks.  

    HIST: 1974 c 578 s 2; 1983 c 262 art 1 s 6 

     611A.221 Additional power. 

    The department of correction's victim service unit is 
 authorized to accept and expend funds received from other state 
 agencies, other units of governments and other agencies, that 
 result from the distribution of resource materials.  

    HIST: 1Sp1985 c 4 s 22 

  611A.23 Repealed, 1996 c 310 s 1 

  611A.24 Repealed, 1985 c 262 s 7 

     611A.25 Sexual assault advisory council. 

    Subdivision 1.    Creation.  The commissioner of 
 corrections shall appoint a 12-member advisory council on sexual 
 assault to advise the commissioner on the implementation and 
 continued operation of sections 611A.21 and 611A.221.  The 
 sexual assault advisory council shall also serve as a liaison 
 between the commissioner and organizations that provide services 
 to victims of sexual assault, and as an advocate within the 
 department of corrections for the rights of sexual assault 
 victims. 

    Subd. 2.    Membership.  No more than six of the members 
 of the sexual assault advisory council may be representatives of 
 community or governmental organizations that provide services to 
 sexual assault victims.  One-half of the council's members shall 
 reside in the metropolitan area, composed of Hennepin, Ramsey, 
 Anoka, Dakota, Scott, Washington, and Carver counties, and 
 one-half of the members shall reside in the nonmetropolitan 
 area.  To the extent possible, nonmetropolitan members must be 
 representative of all nonmetropolitan regions of the state. 

    Subd. 3.    Terms; vacancies; expenses.  Section 15.059 
 governs the filling of vacancies and removal of members of the 
 sexual assault advisory council.  The terms of the members of 
 the advisory council shall be two years.  No member may serve on 
 the advisory council for more than two consecutive terms.  The 
 council expires on June 30, 2001.  Council members shall receive 
 expense reimbursement as specified in section 15.059.  

    Subd. 4.  Repealed, 1991 c 272 s 20 

    HIST: 1991 c 272 s 7; 1996 c 408 art 7 s 9; 1997 c 239 art 7 s 
 26; 1998 c 254 art 1 s 104 

     611A.31 Definitions. 

    Subdivision 1.  For the purposes of sections 611A.31 to 
 611A.36, the following terms have the meanings given. 

    Subd. 2.  "Battered woman" means a woman who is being or 
 has been victimized by domestic abuse as defined in section 
 518B.01, subdivision 2. 

    Subd. 3.  "Emergency shelter services" include, but are not 
 limited to, secure crisis shelters for battered women and 
 housing networks for battered women. 

    Subd. 4.  "Support services" include, but are not limited 
 to, advocacy services, legal services, counseling services, 
 transportation services, child care services, and 24 hour 
 information and referral services. 

    Subd. 5.  "Commissioner" means the commissioner of the 
 department of corrections or a designee. 

    HIST: 1977 c 428 s 1; 1983 c 262 art 1 s 6; 1986 c 444; 1991 c 
 272 s 8; 1995 c 226 art 7 s 11 

     611A.32 Battered women programs. 

    Subdivision 1.    Grants awarded.  The commissioner 
 shall award grants to programs which provide emergency shelter 
 services and support services to battered women and their 
 children.  The commissioner shall also award grants for 
 training, technical assistance, and for the development and 
 implementation of education programs to increase public 
 awareness of the causes of battering, the solutions to 
 preventing and ending domestic violence, and the problems faced 
 by battered women.  Grants shall be awarded in a manner that 
 ensures that they are equitably distributed to programs serving 
 metropolitan and nonmetropolitan populations.  By July 1, 1995, 
 community-based domestic abuse advocacy and support services 
 programs must be established in every judicial assignment 
 district. 

    Subd. 1a.    Program for American Indian women.  The 
 commissioner shall establish at least one program under this 
 section to provide emergency shelter services and support 
 services to battered American Indian women.  The commissioner 
 shall grant continuing operating expenses to the program 
 established under this subdivision in the same manner as 
 operating expenses are granted to programs established under 
 subdivision 1. 

    Subd. 2.    Applications.  Any public or private 
 nonprofit agency may apply to the commissioner for a grant to 
 provide emergency shelter services, support services, or both, 
 to battered women and their children.  The application shall be 
 submitted in a form approved by the commissioner by rule adopted 
 under chapter 14, after consultation with the advisory council, 
 and shall include: 

    (1) a proposal for the provision of emergency shelter 
 services, support services, or both, for battered women and 
 their children; 

    (2) a proposed budget; 

    (3) evidence of an ability to integrate into the proposed 
 program the uniform method of data collection and program 
 evaluation established under sections 611A.33 and 611A.34; 

    (4) evidence of an ability to represent the interests of 
 battered women and their children to local law enforcement 
 agencies and courts, county welfare agencies, and local boards 
 or departments of health; 

    (5) evidence of an ability to do outreach to unserved and 
 underserved populations and to provide culturally and 
 linguistically appropriate services; and 

    (6) any other content the commissioner may require by rule 
 adopted under chapter 14, after considering the recommendations 
 of the advisory council. 

    Programs which have been approved for grants in prior years 
 may submit materials which indicate changes in items listed in 
 clauses (1) to (6), in order to qualify for renewal funding.  
 Nothing in this subdivision may be construed to require programs 
 to submit complete applications for each year of renewal funding.

    Subd. 3.    Duties of grantees.  Every public or 
 private nonprofit agency which receives a grant to provide 
 emergency shelter services and support services to battered 
 women shall comply with all rules of the commissioner related to 
 the administration of the pilot programs. 

    Subd. 4. Repealed, 1991 c 272 s 20 

    Subd. 5.    Classification of data collected by grantees. 
  Personal history information and other information collected, 
 used or maintained by a grantee from which the identity of any 
 battered woman may be determined is private data on individuals, 
 as defined in section 13.02, subdivision 12, and the grantee 
 shall maintain the data in accordance with the provisions of 
 chapter 13. 

    HIST: 1977 c 428 s 2; 1978 c 732 s 1-3; 1981 c 311 s 39; 
 1Sp1981 c 4 art 1 s 14; 1982 c 545 s 24; 1983 c 262 art 1 s 6; 
 1988 c 689 art 2 s 237; 1991 c 272 s 9,10; 1992 c 571 art 6 s 21 

     611A.33 Duties of commissioner. 

    The commissioner shall: 

    (1) Review applications for and award grants to a program 
 pursuant to section 611A.32, subdivision 1, after considering 
 the recommendation of the advisory council; 

    (2) Appoint the members of the advisory council created 
 under section 611A.34, and provide consultative staff and other 
 administrative services to the advisory council; 

    (3) After considering the recommendation of the advisory 
 council, appoint a program director to perform the duties set 
 forth in section 611A.35; 

    (4) Design and implement a uniform method of collecting 
 data on battered women to be used to evaluate the programs 
 funded under section 611A.32; 

    (5) Provide technical aid to applicants in the development 
 of grant requests and provide technical aid to programs in 
 meeting the data collection requirements established by the 
 commissioner; and 

    (6) Adopt, under chapter 14, all rules necessary to 
 implement the provisions of sections 611A.31 to 611A.36. 

    HIST: 1977 c 428 s 3; 1978 c 732 s 4; 1983 c 262 art 1 s 6; 
 1991 c 272 s 11 

     611A.34 Battered women advisory council. 

    Subdivision 1.    Generally.  The commissioner shall 
 appoint a 12-member advisory council to advise the commissioner 
 on the implementation and continued operation of sections 
 611A.31 to 611A.36.  The battered women's advisory council shall 
 also serve as a liaison between the commissioner and 
 organizations that provide services to battered women.  Section 
 15.059 governs the filling of vacancies and removal of members 
 of the advisory council.  The terms of the members of the 
 advisory council shall be two years.  No member may serve on the 
 advisory council for more than two consecutive terms.  
 Notwithstanding section 15.059, the council shall not expire.  
 Council members shall not receive per diem, but shall receive 
 expenses in the same manner and amount as state employees.  

    Subd. 2.    Membership.  Persons appointed shall be 
 knowledgeable about and have experience or interest in issues 
 concerning battered women, including the need for effective 
 advocacy services.  The membership of the council shall broadly 
 represent the interests of battered women in Minnesota.  No more 
 than six of the members of the battered women's advisory council 
 may be representatives of community or governmental 
 organizations that provide services to battered women.  One-half 
 of the council's members shall reside in the metropolitan area, 
 composed of Hennepin, Ramsey, Anoka, Dakota, Scott, Washington, 
 and Carver counties, and one-half of the members shall reside in 
 the nonmetropolitan area.  To the extent possible, 
 nonmetropolitan members must be representative of all 
 nonmetropolitan regions of the state. 

    Subd. 3.    Duties.  The advisory council shall: 

    (1) advise the commissioner on all planning, development, 
 data collection, rulemaking, funding, and evaluation of programs 
 and services for battered women that are funded under section 
 611A.32, other than matters of a purely administrative nature; 

    (2) advise the commissioner on the adoption of rules under 
 chapter 14 governing the award of grants to ensure that funded 
 programs are consistent with section 611A.32, subdivision 1; 

    (3) recommend to the commissioner the names of five 
 applicants for the position of battered women's program 
 director; 

    (4) advise the commissioner on the rules adopted under 
 chapter 14 pursuant to section 611A.33; 

    (5) review applications received by the commissioner for 
 grants under section 611A.32 and make recommendations on the 
 awarding of grants; and 

    (6) advise the program director in the performance of 
 duties in the administration and coordination of the programs 
 funded under section 611A.32. 

    Subd. 4.    Conflicts of interest.  A member of the 
 advisory council shall be excluded from participating in review 
 and recommendations concerning a grant application if the member:

    (1) serves or has served at any time during the past three 
 years as an employee, volunteer, or governing board member of an 
 organization whose application is being reviewed; or 

    (2) has a financial interest in the funding of the 
 applicant organization. 

    HIST: 1977 c 428 s 4; 1983 c 260 s 50; 1983 c 262 art 1 s 6; 
 1984 c 655 art 1 s 36,37; 1Sp1985 c 9 art 2 s 97; 1986 c 444; 
 1988 c 629 s 60; 1991 c 272 s 12 

*   NOTE:  See section 15.059, subdivision 5a, for expiration 
*of council.

     611A.345 Advisory council recommendations. 

    The commissioner shall consider the advisory council's 
 recommendations before awarding grants or adopting policies 
 regarding the planning, development, data collection, 
 rulemaking, funding or evaluation of programs and services for 
 battered women funded under section 611A.32.  Before taking 
 action on matters related to programs and services for battered 
 women and their children, except day-to-day administrative 
 operations, the commissioner shall notify the advisory council 
 of the intended action.  Notification of grant award decisions 
 shall be given to the advisory council in time to allow the 
 council to request reconsideration.  

    HIST: 1991 c 272 s 13 

     611A.35 Battered women's program director. 

    The commissioner shall appoint a program director.  In 
 appointing the program director the commissioner shall give due 
 consideration to the list of applicants submitted to the 
 commissioner pursuant to section 611A.34, subdivision 3, clause 
 (3).  The program director shall administer the funds 
 appropriated for sections 611A.31 to 611A.36, consult with and 
 provide staff to the advisory council, and perform other duties 
 related to battered women's programs as the commissioner may 
 assign.  The program director shall serve at the pleasure of the 
 commissioner in the unclassified service. 

    HIST: 1977 c 428 s 5; 1983 c 262 art 1 s 6; 1986 c 444; 1991 c 
 272 s 14 

     611A.36 Data collection. 

    Subdivision 1.    Form prescribed.  The commissioner 
 shall, by rule adopted under chapter 14, after considering the 
 recommendations of the advisory council, prescribe a uniform 
 form and method for the collection of data on battered women.  
 The method and form of data collection shall be designed to 
 document the incidence of assault on battered women as defined 
 in section 611A.31, subdivision 2.  All data collected by the 
 commissioner pursuant to this section shall be summary data 
 within the meaning of section 13.02, subdivision 19. 

    Subd. 2.    Mandatory data collection.  Every local law 
 enforcement agency shall collect data related to battered women 
 in the form required by the commissioner.  The data shall be 
 collected and transmitted to the commissioner at such times as 
 the commissioner shall, by rule, require. 

    Subd. 3.    Immunity from liability.  Any person 
 participating in good faith and exercising due care in the 
 collection and transmission of data pursuant to this section 
 shall have immunity from any liability, civil or criminal, that 
 otherwise might result by reason of the person's action. 

    HIST: 1977 c 428 s 6; 1978 c 732 s 5,6; 1981 c 311 s 39; 1982 
 c 545 s 24; 1983 c 262 art 1 s 6; 1984 c 654 art 5 s 17; 1986 c 
 444; 1991 c 272 s 15 

     611A.361 General crime victims advisory council. 

    Subdivision 1.    Creation.  The commissioner of 
 corrections shall appoint a 12-member advisory council on 
 general crime victims to advise the commissioner on the 
 implementation and continued operation of chapter 611A with 
 respect to victims of crimes other than sexual assault and 
 domestic abuse.  The general crime victims advisory council 
 shall also serve as a liaison between the commissioner and 
 organizations that provide services to victims of crime, and as 
 an advocate within the department of corrections for the rights 
 of general crime victims. 

    Subd. 2.    Membership.  No more than six of the members 
 of the general crime victims advisory council may be 
 representatives of community or governmental organizations that 
 provide services to crime victims.  One-half of the council's 
 members shall reside in the metropolitan area, composed of 
 Hennepin, Ramsey, Anoka, Dakota, Scott, Washington, and Carver 
 counties, and one-half of the members shall reside in the 
 nonmetropolitan area.  To the extent possible, nonmetropolitan 
 members must be representative of all nonmetropolitan regions of 
 the state. 

    Subd. 3.    Terms; vacancies; expenses.  Section 15.059 
 governs the filling of vacancies and removal of members of the 
 general crime victims advisory council.  The terms of the 
 members of the advisory council shall be two years.  No member 
 may serve on the advisory council for more than two consecutive 
 terms.  The council expires on June 30, 2001.  Council members 
 shall receive expense reimbursement as specified in section 
 15.059. 

    Subd. 4.  Repealed, 1991 c 272 s 20 

    HIST: 1991 c 272 s 16; 1996 c 408 art 7 s 10; 1997 c 239 art 7 
 s 27 

  611A.362 Renumbered 119A.20 

  611A.363 Renumbered 119A.21 

  611A.364 Renumbered 119A.22 

  611A.365 Renumbered 119A.23 

     611A.41 Crime victim crisis center. 

    Subdivision 1.  For the purposes of sections 611A.41 to 
 611A.41, "center" means a crime victim crisis center providing 
 services to victims of crime. 

    Subd. 2.  The commissioner of corrections, not later than 
 January 1, 1978, shall establish at least two operational 
 centers.  The commissioner of corrections may contract with a 
 public or private agency for the purposes of planning, 
 implementing and evaluating the centers established herein. 

    HIST: 1977 c 314 s 1; 1983 c 262 art 1 s 6 

  611A.42 Repealed, 1996 c 310 s 1 

     611A.43 Functions. 

    The centers shall: 

    (a) Provide direct crisis intervention to crime victims; 

    (b) Provide transportation for crime victims to assist them 
 in obtaining necessary emergency services; 

    (c) Investigate the availability of insurance or other 
 financial resources available to the crime victims; 

    (d) Refer crime victims to public or private agencies 
 providing existing needed services; 

    (e) Encourage the development of services which are not 
 already being provided by existing agencies; 

    (f) Coordinate the services which are already being 
 provided by various agencies; 

    (g) Facilitate the general education of crime victims about 
 the criminal justice process; 

    (h) Educate the public as to program availability; 

    (i) Encourage educational programs which will serve to 
 reduce victimization and which will diminish the extent of 
 trauma where victimization occurs; 

    (j) Other appropriate services. 

    HIST: 1977 c 314 s 3; 1983 c 262 art 1 s 6 

  611A.44 Repealed, 1996 c 310 s 1 

     611A.51 Title. 

    Sections 611A.51 to 611A.68 shall be known as the Minnesota 
 Crime Victims Reparations Act.  

    HIST: 1974 c 463 s 1; 1983 c 262 art 1 s 6; 1995 c 226 art 7 s 
 25 

     611A.52 Definitions. 

    Subdivision 1.    Terms.  For the purposes of sections 
 611A.51 to 611A.68 the following terms shall have the meanings 
 given them. 

    Subd. 2.    Accomplice.  "Accomplice" means any person 
 who would be held criminally liable for the crime of another 
 pursuant to section 609.05. 

    Subd. 3.    Board.  "Board" means the crime victims 
 reparations board established by section 611A.55. 

    Subd. 4.    Claimant.  "Claimant" means a person 
 entitled to apply for reparations pursuant to sections 611A.51 
 to 611A.68. 

    Subd. 5.    Collateral source.  "Collateral source" 
 means a source of benefits or advantages for economic loss 
 otherwise reparable under sections 611A.51 to 611A.68 which the 
 victim or claimant has received, or which is readily available 
 to the victim, from: 

    (1) the offender; 

    (2) the government of the United States or any agency 
 thereof, a state or any of its political subdivisions, or an 
 instrumentality of two or more states, unless the law providing 
 for the benefits or advantages makes them excess or secondary to 
 benefits under sections 611A.51 to 611A.68; 

    (3) social security, Medicare, and Medicaid; 

    (4) state required temporary nonoccupational disability 
 insurance; 

    (5) workers' compensation; 

    (6) wage continuation programs of any employer; 

    (7) proceeds of a contract of insurance payable to the 
 victim for economic loss sustained because of the crime; 

    (8) a contract providing prepaid hospital and other health 
 care services, or benefits for disability; 

    (9) any private source as a voluntary donation or gift; or 

    (10) proceeds of a lawsuit brought as a result of the crime.

    The term does not include a life insurance contract. 

    Subd. 6.    Crime.  (a) "Crime" means conduct that:  

    (1) occurs or is attempted anywhere within the geographical 
 boundaries of this state, including Indian reservations and 
 other trust lands; 

    (2) poses a substantial threat of personal injury or death; 
 and 

    (3) is included within the definition of "crime" in section 
 609.02, subdivision 1, or would be included within that 
 definition but for the fact that (i) the person engaging in the 
 conduct lacked capacity to commit the crime under the laws of 
 this state; or (ii) the act was alleged or found to have been 
 committed by a juvenile.  

    (b) A crime occurs whether or not any person is prosecuted 
 or convicted but the conviction of a person whose acts give rise 
 to the claim is conclusive evidence that a crime was committed 
 unless an application for rehearing, appeal, or petition for 
 certiorari is pending or a new trial or rehearing has been 
 ordered.  

    (c) "Crime" does not include an act involving the operation 
 of a motor vehicle, aircraft, or watercraft that results in 
 injury or death, except that a crime includes any of the 
 following: 

    (1) injury or death intentionally inflicted through the use 
 of a motor vehicle, aircraft, or watercraft; 

    (2) injury or death caused by a driver in violation of 
 section 169.09, subdivision 1; 169.121; or 609.21; and 

    (3) injury or death caused by a driver of a motor vehicle 
 in the immediate act of fleeing the scene of a crime in which 
 the driver knowingly and willingly participated. 

    (d) Notwithstanding paragraph (a), "crime" includes an act 
 of international terrorism as defined in United States Code, 
 title 18, section 2331, committed outside of the United States 
 against a resident of this state. 

    Subd. 7.    Dependent.  "Dependent" means any person who 
 was dependent upon a deceased victim for support at the time of 
 the crime. 

    Subd. 8.    Economic loss.  "Economic loss" means actual 
 economic detriment incurred as a direct result of injury or 
 death.  

    (a) In the case of injury the term is limited to:  

    (1) reasonable expenses incurred for necessary medical, 
 chiropractic, hospital, rehabilitative, and dental products, 
 services, or accommodations, including ambulance services, 
 drugs, appliances, and prosthetic devices; 

    (2) reasonable expenses associated with recreational 
 therapy where a claimant has suffered amputation of a limb; 

    (3) reasonable expenses incurred for psychological or 
 psychiatric products, services, or accommodations, not to exceed 
 an amount to be set by the board, where the nature of the injury 
 or the circumstances of the crime are such that the treatment is 
 necessary to the rehabilitation of the victim; 

    (4) loss of income that the victim would have earned had 
 the victim not been injured; 

    (5) reasonable expenses incurred for substitute child care 
 or household services to replace those the victim or claimant 
 would have performed had the victim or the claimant's child not 
 been injured.  As used in this clause, "child care services" 
 means services provided by facilities licensed under and in 
 compliance with either Minnesota Rules, parts 9502.0315 to 
 9502.0445, or 9545.0510 to 9545.0670, or exempted from licensing 
 requirements pursuant to section 245A.03.  Licensed facilities 
 must be paid at a rate not to exceed their standard rate of 
 payment.  Facilities exempted from licensing requirements must 
 be paid at a rate not to exceed $3 an hour per child for daytime 
 child care or $4 an hour per child for evening child care; 

    (6) reasonable expenses actually incurred to return a child 
 who was a victim of a crime under section 609.25 or 609.26 to 
 the child's parents or lawful custodian.  These expenses are 
 limited to transportation costs, meals, and lodging from the 
 time the child was located until the child was returned home; 
 and 

    (7) the claimant's moving expenses, storage fees, and phone 
 and utility installation fees, up to a maximum of $1,000 per 
 claim, if the move is necessary due to a reasonable fear of 
 danger related to the crime for which the claim was filed. 

    (b) In the case of death the term is limited to:  

    (1) reasonable expenses actually incurred for funeral, 
 burial, or cremation, not to exceed an amount to be determined 
 by the board on the first day of each fiscal year; 

    (2) reasonable expenses for medical, chiropractic, 
 hospital, rehabilitative, psychological and psychiatric 
 services, products or accommodations which were incurred prior 
 to the victim's death and for which the victim's survivors or 
 estate are liable; 

    (3) loss of support, including contributions of money, 
 products or goods, but excluding services which the victim would 
 have supplied to dependents if the victim had lived; and 

    (4) reasonable expenses incurred for substitute child care 
 and household services to replace those which the victim or 
 claimant would have performed for the benefit of dependents if 
 the victim or the claimant's child had lived.  

    Claims for loss of support for minor children made under 
 clause (3) must be paid for three years or until the child 
 reaches 18 years old, whichever is the shorter period.  After 
 three years, if the child is younger than 18 years old a claim 
 for loss of support may be resubmitted to the board, and the 
 board staff shall evaluate the claim giving consideration to the 
 child's financial need and to the availability of funds to the 
 board.  Claims for loss of support for a spouse made under 
 clause (3) shall also be reviewed at least once every three 
 years.  The board staff shall evaluate the claim giving 
 consideration to the spouse's financial need and to the 
 availability of funds to the board.  

    Claims for substitute child care services made under clause 
 (4) must be limited to the actual care that the deceased victim 
 would have provided to enable surviving family members to pursue 
 economic, educational, and other activities other than 
 recreational activities. 

    Subd. 9.    Injury.  "Injury" means actual bodily harm 
 including pregnancy and emotional trauma. 

    Subd. 10.    Victim.  "Victim" means a person who 
 suffers personal injury or death as a direct result of: 

    (1) a crime; 

    (2) the good faith effort of any person to prevent a crime; 
 or 

    (3) the good faith effort of any person to apprehend a 
 person suspected of engaging in a crime. 

    HIST: 1974 c 463 s 2; 1975 c 359 s 23; 1983 c 262 art 1 s 6; 
 1Sp1985 c 4 s 10; 1986 c 444; 1986 c 463 s 12; 1987 c 244 s 3; 
 1987 c 333 s 22; 1988 c 638 s 5; 1989 c 264 s 3; 1990 c 371 s 1; 
 1990 c 579 s 10; 1992 c 571 art 5 s 8; 1993 c 326 art 6 s 12-14; 
 1994 c 636 art 7 s 7; 1995 c 226 art 7 s 25; 1997 c 239 art 7 s 
 28,29; 1999 c 136 s 2 

     611A.53 Eligibility for reparations. 

    Subdivision 1.    Generally.  Except as provided in 
 subdivisions 1a and 2, the following persons shall be entitled 
 to reparations upon a showing by a preponderance of the evidence 
 that the requirements for reparations have been met: 

    (a) a victim who has incurred economic loss; 

    (b) a dependent who has incurred economic loss; 

    (c) the estate of a deceased victim if the estate has 
 incurred economic loss; 

    (d) any other person who has incurred economic loss by 
 purchasing any of the products, services, and accommodations 
 described in section 611A.52, subdivision 8, for a victim; 

    (e) the guardian, guardian ad litem, conservator or 
 authorized agent of any of these persons.  

    Subd. 1a.    Providers; limitations.  No hospital, 
 medical organization, health care provider, or other entity that 
 is not an individual may qualify for reparations under 
 subdivision 1, clause (d).  If a hospital, medical organization, 
 health care provider, or other entity that is not an individual 
 qualifies for reparations under subdivision 1, clause (e) 
 because it is a guardian, guardian ad litem, conservator, or 
 authorized agent, any reparations to which it is entitled must 
 be made payable solely or jointly to the victim, if alive, or to 
 the victim's estate or successors, if the victim is deceased. 

    Subd. 1b.    Minnesota residents injured elsewhere.  (a) 
 A Minnesota resident who is the victim of a crime committed 
 outside the geographical boundaries of this state but who 
 otherwise meets the requirements of this section shall have the 
 same rights under this chapter as if the crime had occurred 
 within this state upon a showing that the state, territory, or 
 United States possession in which the crime occurred does not 
 have a crime victim reparations law covering the resident's 
 injury or death.  

    (b) Notwithstanding paragraph (a), a Minnesota resident who 
 is the victim of a crime involving international terrorism who 
 otherwise meets the requirements of this section has the same 
 rights under this chapter as if the crime had occurred within 
 this state regardless of where the crime occurred or whether the 
 jurisdiction has a crime victims reparations law. 

    Subd. 2.  No reparations shall be awarded to a claimant 
 otherwise eligible if:  

    (a) the crime was not reported to the police within 30 days 
 of its occurrence or, if it could not reasonably have been 
 reported within that period, within 30 days of the time when a 
 report could reasonably have been made.  A victim of criminal 
 sexual conduct in the first, second, third, or fourth degree who 
 does not report the crime within 30 days of its occurrence is 
 deemed to have been unable to have reported it within that 
 period; 

    (b) the victim or claimant failed or refused to cooperate 
 fully with the police and other law enforcement officials; 

    (c) the victim or claimant was the offender or an 
 accomplice of the offender or an award to the claimant would 
 unjustly benefit the offender or an accomplice; 

    (d) the victim or claimant was in the act of committing a 
 crime at the time the injury occurred; 

    (e) no claim was filed with the board within three years of 
 victim's injury or death; except that (1) if the claimant was 
 unable to file a claim within that period, then the claim can be 
 made within three years of the time when a claim could have been 
 filed; and (2) if the victim's injury or death was not 
 reasonably discoverable within three years of the injury or 
 death, then the claim can be made within three years of the time 
 when the injury or death is reasonably discoverable.  The 
 following circumstances do not render a claimant unable to file 
 a claim for the purposes of this clause:  (1) lack of knowledge 
 of the existence of the Minnesota Crime Victims Reparations Act, 
 (2) the failure of a law enforcement agency to provide 
 information or assistance to a potential claimant under section 
 611A.66, (3) the incompetency of the claimant if the claimant's 
 affairs were being managed during that period by a guardian, 
 guardian ad litem, conservator, authorized agent, or parent, or 
 (4) the fact that the claimant is not of the age of majority; or 

    (f) the claim is less than $50.  

    The limitations contained in clauses (a) and (e) do not 
 apply to victims of child abuse.  In those cases the three-year 
 limitation period commences running with the report of the crime 
 to the police. 

    HIST: 1974 c 463 s 3; 1975 c 246 s 1; 1976 c 2 s 119; 1976 c 
 193 s 1; 1983 c 262 art 1 s 6; 1Sp1985 c 4 s 11; 1986 c 463 s 
 13-15; 1987 c 244 s 4; 1989 c 209 art 1 s 46; 1989 c 264 s 4; 
 1990 c 579 s 11; 1994 c 636 art 7 s 8; 1995 c 226 art 7 s 12; 
 1997 c 239 art 7 s 30; 1999 c 136 s 3 

     611A.54 Amount of reparations. 

    Reparations shall equal economic loss except that: 

    (1) reparations shall be reduced to the extent that 
 economic loss is recouped from a collateral source or collateral 
 sources.  Where compensation is readily available to a claimant 
 from a collateral source, the claimant must take reasonable 
 steps to recoup from the collateral source before claiming 
 reparations; 

    (2) reparations shall be denied or reduced to the extent, 
 if any, that the board deems reasonable because of the 
 contributory misconduct of the claimant or of a victim through 
 whom the claimant claims; and 

    (3) reparations paid to all claimants suffering economic 
 loss as the result of the injury or death of any one victim 
 shall not exceed $50,000.  

    No employer may deny an employee an award of benefits based 
 on the employee's eligibility or potential eligibility for 
 reparations. 

    HIST: 1974 c 463 s 4; 1977 c 356 s 1; 1983 c 262 art 1 s 6; 
 1Sp1985 c 4 s 12; 1986 c 444; 1986 c 463 s 16; 1989 c 264 s 5 

     611A.55 Crime victims reparations board. 

    Subdivision 1.  There is created in the department of 
 public safety, for budgetary and administrative purposes, the 
 crime victims reparations board, which shall consist of five 
 members appointed by the commissioner of public safety and 
 selected from among the membership of the crime victim and 
 witness advisory council created in section 611A.71.  One of the 
 members shall be designated as chair by the commissioner of 
 public safety and serve as such at the commissioner's pleasure.  
 At least one member shall be a medical or osteopathic physician 
 licensed to practice in this state, and at least one member 
 shall be a victim, as defined in section 611A.01.  

    Subd. 2.  The membership terms, compensation, removal of 
 members, and filling of vacancies on the board shall be as 
 provided in section 15.0575.  Members of the board who are also 
 members of the crime victim and witness advisory council created 
 in section 611A.71 shall not be compensated while performing 
 duties for the advisory council. 

    Subd. 3.  Members of the board shall serve part time. 

    HIST: 1974 c 463 s 5; 1976 c 134 s 64,65; 1983 c 262 art 1 s 
 6; 1983 c 305 s 23; 1984 c 531 s 7; 1Sp1985 c 4 s 13,14; 1986 c 
 444 

     611A.56 Powers and duties of the board. 

    Subdivision 1.    Duties.  In addition to carrying out 
 any duties specified elsewhere in sections 611A.51 to 611A.68 or 
 in other law, the board shall: 

    (a) provide all claimants with an opportunity for hearing 
 pursuant to chapter 14; 

    (b) adopt rules to implement and administer sections 
 611A.51 to 611A.68, including rules governing the method of 
 practice and procedure before the board, prescribing the manner 
 in which applications for reparations shall be made, and 
 providing for discovery proceedings; 

    (c) publicize widely the availability of reparations and 
 the method of making claims; and 

    (d) prepare and transmit annually to the governor and the 
 commissioner of public safety a report of its activities 
 including the number of claims awarded, a brief description of 
 the facts in each case, the amount of reparation awarded, and a 
 statistical summary of claims and awards made and denied.  

    Subd. 2.    Powers.  In addition to exercising any 
 powers specified elsewhere in sections 611A.51 to 611A.68 or 
 other law, the board upon its own motion or the motion of a 
 claimant or the attorney general may: 

    (a) issue subpoenas for the appearance of witnesses and the 
 production of books, records, and other documents; 

    (b) administer oaths and affirmations and cause to be taken 
 affidavits and depositions within and without this state; 

    (c) take notice of judicially cognizable facts and general, 
 technical, and scientific facts within their specialized 
 knowledge; 

    (d) order a mental or physical examination of a victim or 
 an autopsy of a deceased victim provided that notice is given to 
 the person to be examined and that the claimant and the attorney 
 general receive copies of any resulting report; 

    (e) suspend or postpone the proceedings on a claim if a 
 criminal prosecution arising out of the incident which is the 
 basis of the claim has been commenced or is imminent; 

    (f) request from prosecuting attorneys and law enforcement 
 officers investigations and data to enable the board to perform 
 its duties under sections 611A.51 to 611A.68; 

    (g) grant emergency reparations pending the final 
 determination of a claim if it is one with respect to which an 
 award will probably be made and undue hardship will result to 
 the claimant if immediate payment is not made; and 

    (h) reconsider any decision granting or denying reparations 
 or determining their amount.  

    HIST: 1974 c 463 s 6; 1982 c 424 s 130; 1983 c 262 art 1 s 6; 
 1Sp1985 c 4 s 15; 1986 c 463 s 17; 1988 c 638 s 6; 1997 c 7 art 
 2 s 64 

     611A.57 Determination of claims. 

    Subdivision 1. Repealed, 1993 c 326 art 6 s 26 

    Subd. 2.    Investigation.  The board staff shall 
 examine the papers filed in support of the claim and cause an 
 investigation to be conducted into the validity of a claim to 
 the extent that an investigation is necessary. 

    Subd. 3.    Claim decision.  The board executive 
 director may decide the claim in favor of a claimant in the 
 amount claimed on the basis of the papers filed in support of it 
 and the report of the investigation of such claim.  If unable to 
 decide the claim upon the basis of the papers and any report of 
 investigation, the board executive director shall discuss the 
 matter with other members of the board present at a board 
 meeting.  After discussion the board shall vote on whether to 
 grant or deny the claim or whether further investigation is 
 necessary.  A decision granting or denying the claim shall then 
 be issued by the executive director.  

    Subd. 4.    Written decision.  The written decision 
 granting or denying a claim shall be filed with the board, and a 
 copy shall be provided to the claimant.  

    Subd. 5.    Reconsideration.  The claimant may, within 
 30 days after receiving the decision of the board, apply for 
 reconsideration before the entire board.  Upon request for 
 reconsideration, the board shall reexamine all information filed 
 by the claimant, including any new information the claimant 
 provides, and all information obtained by investigation.  The 
 board may also conduct additional examination into the validity 
 of the claim.  Upon reconsideration, the board may affirm, 
 modify, or reverse the prior ruling.  A claimant denied 
 reparations upon reconsideration is entitled to a contested case 
 hearing within the meaning of chapter 14. 

    Subd. 6.    Data.  Claims for reparations and supporting 
 documents and reports are investigative data and subject to the 
 provisions of section 13.39 until the claim is paid, denied, 
 withdrawn, or abandoned.  Following the payment, denial, 
 withdrawal, or abandonment of a claim, the claim and supporting 
 documents and reports are private data on individuals as defined 
 in section 13.02, subdivision 12; provided that the board may 
 forward any reparations claim forms, supporting documents, and 
 reports to local law enforcement authorities for purposes of 
 implementing section 611A.67. 

    HIST: 1974 c 463 s 7; 1983 c 262 art 1 s 6; 1986 c 444; 1986 c 
 463 s 18; 1987 c 244 s 5; 1990 c 579 s 12; 1993 c 326 art 6 s 
 15-17 

     611A.58 Attorneys fees; limitation for representation 
  before board.  

    The board may limit the fee charged by any attorney for 
 representing a claimant before the board.  

    HIST: 1975 c 246 s 2; 1983 c 262 art 1 s 6 

  611A.59 Repealed, 1987 c 244 s 8 

     611A.60 Reparations; how paid.  

    Reparations may be awarded in a lump sum or in installments 
 in the discretion of the board.  The amount of any emergency 
 award shall be deducted from the final award, if a lump sum, or 
 prorated over a period of time if the final award is made in 
 installments.  Reparations are exempt from execution or 
 attachment except by persons who have supplied services, 
 products or accommodations to the victim as a result of the 
 injury or death which is the basis of the claim.  The board, in 
 its discretion may order that all or part of the reparations 
 awarded be paid directly to these suppliers.  

    HIST: 1974 c 463 s 9; 1983 c 262 art 1 s 6 

     611A.61 Subrogation. 

    Subdivision 1.    Subrogation rights of state.  The 
 state shall be subrogated, to the extent of reparations awarded, 
 to all the claimant's rights to recover benefits or advantages 
 for economic loss from a source which is or, if readily 
 available to the victim or claimant would be, a collateral 
 source.  Nothing in this section shall limit the claimant's 
 right to bring a cause of action to recover for other damages.  

    Subd. 2.    Duty of claimant to assist.  A claimant who 
 receives reparations must agree to assist the state in pursuing 
 any subrogation rights arising out of the claim.  The board may 
 require a claimant to agree to represent the state's subrogation 
 interests if the claimant brings a cause of action for damages 
 arising out of the crime or occurrence for which the board has 
 awarded reparations.  An attorney who represents the state's 
 subrogation interests pursuant to the client's agreement with 
 the board is entitled to reasonable attorney's fees not to 
 exceed one-third of the amount recovered on behalf of the state. 

    Subd. 3. Repealed, 1995 c 226 art 7 s 26 

    HIST: 1974 c 463 s 10; 1979 c 173 s 1; 1983 c 262 art 1 s 6; 
 1986 c 463 s 19; 1987 c 358 s 127; 1989 c 335 art 4 s 101 

     611A.612 Crime victims account. 

    A crime victim account is established as a special account 
 in the state treasury.  Amounts collected by the state under 
 section 611A.61, paid to the crime victims reparations board 
 under section 611A.04, subdivision 1a, or amounts deposited by 
 the court under section 611A.04, subdivision 5, shall be 
 credited to this account.  Money credited to this account is 
 annually appropriated to the department of public safety for use 
 for crime victim reparations under sections 611A.51 to 611A.67. 

    HIST: 1995 c 226 art 7 s 13; 1999 c 136 s 4 

     611A.62 Medical privilege.  

    There is no privilege as to communication or records 
 relevant to an issue of the physical, mental, or emotional 
 condition of the claimant or victim in a proceeding under 
 sections 611A.51 to 611A.56 in which that condition is an 
 issue.  Nothing contained in this section shall be interpreted 
 to abridge the attorney-client privilege.  

    HIST: 1974 c 463 s 11; 1983 c 262 art 1 s 6 

     611A.63 Enforcement of board's orders.  

    If a person refuses to comply with an order of the board or 
 asserts a privilege to withhold or suppress evidence relevant to 
 a claim, the board may make any just order including denial of 
 the claim, but may not find the person in contempt.  If 
 necessary to carry out any of its powers and duties, the board 
 may petition the district court for an appropriate order, but 
 the court may not find a person in contempt for refusal to 
 submit to a mental or physical examination.  

    HIST: 1974 c 463 s 12; 1983 c 262 art 1 s 6 

     611A.64 Department of corrections; restitution.  

    The department of corrections may, as a means of assisting 
 in the rehabilitation of persons committed to their care, 
 establish programs and procedures whereby such persons may 
 contribute toward restitution of those persons injured as a 
 consequence of their criminal acts.  

    HIST: 1974 c 463 s 13; 1983 c 262 art 1 s 6 

     611A.65 Use of record of claim; evidence. 

    Neither a record of the proceedings on a claim, a decision 
 of the board, nor the fact that an award has been made or denied 
 shall be admissible as evidence in any criminal or civil action 
 against the alleged offender, except an action by the state on 
 its subrogation claim. 

    HIST: 1974 c 463 s 14; 1979 c 173 s 2; 1983 c 262 art 1 s 6 

     611A.66 Law enforcement agencies; duty to inform victims 
  of right to file claim. 

    All law enforcement agencies investigating crimes shall 
 provide victims with notice of their right to apply for 
 reparations with the telephone number to call to request an 
 application form.  

    Law enforcement agencies shall assist the board in 
 performing its duties under sections 611A.51 to 611A.68.  Law 
 enforcement agencies within ten days after receiving a request 
 from the board shall supply the board with requested reports, 
 notwithstanding any provisions to the contrary in chapter 13, 
 and including reports otherwise maintained as confidential or 
 not open to inspection under section 260B.171 or 260C.171.  All 
 data released to the board retains the data classification that 
 it had in the possession of the law enforcement agency. 

    HIST: 1974 c 463 s 15; 1983 c 262 art 1 s 6; 1987 c 244 s 6; 
 1993 c 326 art 6 s 18; 1995 c 266 art 7 s 25; 1999 c 139 art 4 s 
 2 

     611A.67 Fraudulent claims; penalty. 

    Any person who knowingly makes a false claim under sections 
 611A.51 to 611A.68 is guilty of a gross misdemeanor.  

    HIST: 1974 c 463 s 16; 1983 c 262 art 1 s 6; 1988 c 638 s 7 

     611A.675 Fund for emergency needs of crime victims. 

    Subdivision 1.    Grants authorized.  The crime victim 
 and witness advisory council shall make grants to prosecutors 
 and victim assistance programs for the purpose of providing 
 emergency assistance to victims.  As used in this section, 
 "emergency assistance" includes but is not limited to: 

    (1) replacement of necessary property that was lost, 
 damaged, or stolen as a result of the crime; 

    (2) purchase and installation of necessary home security 
 devices; 

    (3) transportation to locations related to the victim's 
 needs as a victim, such as medical facilities and facilities of 
 the criminal justice system; 

    (4) cleanup of the crime scene; and 

    (5) reimbursement for reasonable travel and living expenses 
 the victim incurred to attend court proceedings that were held 
 at a location other than the place where the crime occurred due 
 to a change of venue. 

    Subd. 2.    Application for grants.  A city or county 
 attorney's office or victim assistance program may apply to the 
 council for a grant for any of the purposes described in 
 subdivision 1 or for any other emergency assistance purpose 
 approved by the council.  The application must be on forms and 
 pursuant to procedures developed by the council.  The 
 application must describe the type or types of intended 
 emergency assistance, estimate the amount of money required, and 
 include any other information deemed necessary by the council. 

    Subd. 3.    Reporting by local agencies required.  A 
 city or county attorney's office or victim assistance program 
 that receives a grant under this section shall file an annual 
 report with the council itemizing the expenditures made during 
 the preceding year, the purpose of those expenditures, and the 
 ultimate disposition, if any, of each assisted victim's criminal 
 case. 

    Subd. 4.    Report to legislature.  On or before 
 February 1, 1999, the council shall report to the chairs of the 
 senate crime prevention and house of representatives judiciary 
 committees on the implementation, use, and administration of the 
 grant program created under this section. 

    HIST: 1995 c 226 art 7 s 14; 1997 c 239 art 7 s 31 

     611A.68 Limiting commercial exploitation of crimes; 
  payment of victims. 

    Subdivision 1.    Definition.  For purposes of this 
 section, the following terms have the meanings given them in 
 this subdivision.  

    (a) "Contract" means an agreement regarding, in whole or in 
 part, (1) the reenactment of an offender's crime by way of a 
 movie, book, newspaper or magazine article, radio or television 
 presentation, or live or recorded entertainment of any kind, or 
 (2) the expression of the offender's thoughts, feelings, 
 opinions, or emotions about the crime.  

    (b) "Crime" means an offense which is a felony under the 
 laws of Minnesota or that would have been a felony if committed 
 in Minnesota, and includes an offense committed or attempted on 
 an Indian reservation or other trust land. 

    (c) "Offender" means a person convicted of a crime or found 
 not guilty of a crime by reason of insanity.  

    (d) "Person" includes persons, corporations, partnerships, 
 and other legal entities.  

    Subd. 2. Repealed, 1988 c 638 s 17 

    Subd. 2a.    Notice and payment of proceeds to board 
 required.  A person that enters into a contract with an 
 offender convicted in this state, and a person that enters into 
 a contract in this state with an offender convicted in this 
 state or elsewhere within the United States, must comply with 
 this section if the person enters into the contract during the 
 ten years after the offender is convicted of a crime or found 
 not guilty by reason of insanity.  If an offender is imprisoned 
 or committed to an institution following the conviction or 
 finding of not guilty by reason of insanity, the ten-year period 
 begins on the date of the offender's release.  A person subject 
 to this section must notify the crime victims reparations board 
 of the existence of the contract immediately upon its formation, 
 and pay over to the board money owed to the offender or the 
 offender's representatives by virtue of the contract according 
 to the following proportions: 

    (a) if the crime occurred in this state, the person shall 
 pay to the board 100 percent of the money owed under the 
 contract; 

    (b) if the crime occurred in another jurisdiction having a 
 law applicable to the contract which is substantially similar to 
 this section, this section does not apply, and the person must 
 not pay to the board any of the money owed under the contract; 
 and 

    (c) in all other cases, the person shall pay to the board 
 that percentage of money owed under the contract which can 
 fairly be attributed to commerce in this state with respect to 
 the subject matter of the contract. 

    Subd. 3.    Victim notification.  When the board 
 receives a payment pursuant to this section, it shall attempt to 
 notify any known victims of the crime and shall publish a notice 
 of that fact in a newspaper having general circulation in the 
 county where the crime was committed.  The expenses of 
 notification shall be paid from the amount received for that 
 case.  

    Subd. 4.    Deductions.  When the board has made 
 reparations payments to or on behalf of a victim of the 
 offender's crime pursuant to sections 611A.51 to 611A.68, it 
 shall deduct the amount of the reparations award from any 
 payment received under this section by virtue of the offender's 
 contract unless the board has already been reimbursed for the 
 reparations award from another collateral source. 

    Subd. 4a.    Offender's minor dependent claims.  
 Immediately after money is deposited with the board under this 
 section, the board may allocate up to ten percent of any money 
 remaining after a deduction is made under subdivision 4 for the 
 benefit of the offender's dependent minor children.  The board 
 shall then retain the funds allocated until a claim is made by 
 the dependent minor children or their representative.  Upon 
 receiving a claim, the board shall disburse the allocated funds 
 to the dependent minor children if it is shown by clear and 
 convincing evidence that the funds will not be used in a way 
 that benefits the offender. 

    Subd. 4b.    Claims by victims of offender's crime.  A 
 victim of a crime committed by the offender and the estate of a 
 deceased victim of a crime committed by the offender may submit 
 the following claims for reparations and damages to the board to 
 be paid from money received by virtue of the offender's contract:

    (1) claims for reparations to which the victim is entitled 
 under sections 611A.51 to 611A.68 and for which the victim has 
 not yet received an award from the board; 

    (2) claims for reparations to which the victim would have 
 been entitled under sections 611A.51 to 611A.68, but for the 
 $50,000 maximum limit contained in section 611A.54, clause (3); 
 and 

    (3) claims for other uncompensated damages suffered by the 
 victim as a result of the offender's crime including, but not 
 limited to, damages for pain and suffering. 

    The victim must file the claim within five years of the 
 date on which the board received payment under this section.  
 The board shall determine the victim's claim in accordance with 
 the procedures contained in sections 611A.57 to 611A.63.  An 
 award made by the board under this subdivision must be paid from 
 the money received by virtue of the offender's contract that 
 remains after a deduction or allocation, if any, has been made 
 under subdivision 4 or 4a. 

    Subd. 4c.    Claims by other crime victims.  The board 
 may use money received by virtue of an offender's contract for 
 the purpose of paying reparations awarded to victims of other 
 crimes pursuant to sections 611A.51 to 611A.68 under the 
 following circumstances: 

    (1) money remain after deductions and allocations have been 
 made under subdivisions 4 and 4a, and claims have been paid 
 under subdivision 4b; or 

    (2) no claim is filed under subdivision 4b within five 
 years of the date on which the board received payment under this 
 section. 

 None of these moneys may be used for purposes other than the 
 payment of reparations. 

    Subd. 5. Repealed, 1988 c 638 s 17 

    Subd. 6.    Payments for costs of defense.  
 Notwithstanding any other provision of this section, the board 
 shall make payments to an offender from the account of amounts 
 received with reference to that offender upon the order of a 
 court of competent jurisdiction after a showing by that offender 
 that the money shall be used for the reasonable costs of defense 
 in the appeal of a criminal conviction or in proceedings 
 pursuant to this section.  

    Subd. 7.    Deposit of moneys in state treasury.  All 
 moneys received by the board pursuant to this section shall be 
 deposited in the state treasury, credited to a special account, 
 and are appropriated to the board for the purposes of this 
 section.  Money in the special account may be invested pursuant 
 to section 11A.25.  When so invested, any interest or profit 
 shall accrue to, and any loss be borne by, the special account.  
 The board shall allocate money in the special account to each 
 case pursuant to this section.  

    Subd. 8.    Penalty.  (a) A person who willfully fails 
 to notify the board of the existence of a contract as required 
 by this section is guilty of a gross misdemeanor.  

    (b) Except as otherwise provided in paragraph (a), any 
 person or offender who takes any action, whether by way of 
 execution of a power of attorney, creation of corporate or trust 
 entities or otherwise, to defeat the purpose of this section is 
 guilty of a misdemeanor.  

    HIST: 1979 c 234 s 1; 1980 c 607 art 14 s 46; 1983 c 262 art 1 
 s 6; 1986 c 444; 1988 c 638 s 8-15; 1995 c 226 art 7 s 25 

     611A.70 Citation. 

    This section and section 611A.71 may be cited as the 
 "Minnesota Crime Victim and Witness Advisory Council Act."  

    HIST: 1Sp1985 c 4 s 16 

     611A.71 Council; establishment. 

    Subdivision 1.    Creation.  The Minnesota crime victim 
 and witness advisory council is established and shall consist of 
 16 members.  

    Subd. 2.    Membership.  (a) The crime victim and 
 witness advisory council shall consist of the following members, 
 appointed by the commissioner of public safety after consulting 
 with the commissioner of corrections:  

    (1) one district court judge appointed upon recommendation 
 of the chief justice of the supreme court; 

    (2) one county attorney appointed upon recommendation of 
 the Minnesota county attorneys association; 

    (3) one public defender appointed upon recommendation of 
 the state public defender; 

    (4) one peace officer; 

    (5) one medical or osteopathic physician licensed to 
 practice in this state; 

    (6) five members who are crime victims or crime victim 
 assistance representatives; 

    (7) three public members; and 

    (8) one member appointed on recommendation of the Minnesota 
 general crime victim coalition.  

    The appointments should take into account sex, race, and 
 geographic distribution.  No more than seven of the members 
 appointed under this paragraph may be of one gender.  One of the 
 nonlegislative members must be designated by the commissioner of 
 public safety as chair of the council. 

    (b) Two members of the council shall be members of the 
 legislature who have demonstrated expertise and interest in 
 crime victims issues, one senator appointed under rules of the 
 senate and one member of the house of representatives appointed 
 under rules of the house of representatives. 

    Subd. 3.    Terms of office.  Section 15.059 governs the 
 terms of office, filling of vacancies, and removal of members of 
 the crime victim and witness advisory council.  Members are 
 eligible for reappointment and appointment may be made to fill 
 an unexpired term.  The members of the council shall elect any 
 additional officers necessary for the efficient discharge of 
 their duties.  

    Subd. 4.    Compensation.  Each member of the council 
 shall serve without compensation.  However, members of the 
 council shall receive expenses in the same manner and amount as 
 provided in the commissioner's plan under section 43A.18, 
 subdivision 2; provided that payments for expenses incurred must 
 be paid from the existing appropriation for the administrative 
 portion of the operating budget for the crime victims 
 reparations activity. 

    Subd. 5.    Duties.  The council shall:  

    (1) review on a regular basis the treatment of victims by 
 the criminal justice system and the need and availability of 
 services to victims; 

    (2) advise the agency designated by the governor to apply 
 for victim assistance program grants under chapter 14 of Public 
 Law Number 98-473, in the coordination and allocation of federal 
 funds for crime victims assistance programs; 

    (3) advocate necessary changes and monitor victim-related 
 legislation; 

    (4) provide information, training, and technical assistance 
 to state and local agencies and groups involved in victim and 
 witness assistance; 

    (5) serve as a clearinghouse for information concerning 
 victim and witness programs; 

    (6) develop guidelines for the implementation of victim and 
 witness assistance programs and aid in the creation and 
 development of programs; 

    (7) coordinate the development and implementation of 
 policies and guidelines for the treatment of victims and 
 witnesses, and the delivery of services to them; 

    (8) develop ongoing public awareness efforts and programs 
 to assist victims; and 

    (9) administer the grant program described in section 
 611A.675. 

    Subd. 6.    Executive director.  The commissioner of 
 public safety shall, with the advice of the advisory council, 
 select and employ an executive director for the council who 
 shall serve in the unclassified service at the pleasure of the 
 commissioner and shall aid the council in the performance of its 
 duties under subdivision 5 and supervise the administration of 
 the Crime Victims Reparations Act. 

    Subd. 7.    Expiration.  The council expires on June 30, 
 2001. 

    HIST: 1Sp1985 c 4 s 17; 1986 c 463 s 20; 1988 c 629 s 61; 1988 
 c 684 art 1 s 21,22; 1990 c 583 s 7; 1991 c 170 s 6; 1993 c 326 
 art 6 s 19-22; 1995 c 226 art 7 s 15; 1997 c 239 art 7 s 32,33 

     611A.72 Citation. 

    Sections 611A.72 to 611A.74 may be cited as the "Crime 
 Victim Ombudsman Act."  

    HIST: 1Sp1985 c 4 s 18 

     611A.73 Definitions. 

    Subdivision 1.    Definitions.  The definitions in this 
 section apply to this section and section 611A.74.  

    Subd. 2.    Appropriate authority.  "Appropriate 
 authority" includes anyone who is the subject of a complaint to 
 the crime victim ombudsman or anyone within the agency who is in 
 a supervisory position with regard to one who is the subject of 
 a complaint.  

    Subd. 3.    Elements of the criminal justice system.  
 "Elements of the criminal justice system" refers to prosecuting 
 attorneys and members of their staff; peace officers; probation 
 and corrections officers; city, state, and county officials 
 involved in the criminal justice system; and does not include 
 the judiciary.  

    Subd. 4.    Victim.  "Victim" refers to anyone or the 
 next of kin of anyone who has been or purports to have been 
 subjected to a criminal act, whether a felony, a gross 
 misdemeanor, or misdemeanor. 

    Subd. 5.    Victim assistance program.  "Victim 
 assistance program" refers to any entity which provides or 
 claims to provide services and assistance to victims on a 
 regular, ongoing basis.  

    HIST: 1Sp1985 c 4 s 19; 1995 c 226 art 7 s 16 

     611A.74 Crime victim ombudsman; creation. 

    Subdivision 1.    Creation.  The office of crime victim 
 ombudsman for Minnesota is created.  The ombudsman shall be 
 appointed by the governor, shall serve in the unclassified 
 service at the pleasure of the governor, and shall be selected 
 without regard to political affiliation.  No person may serve as 
 ombudsman while holding any other public office.  The ombudsman 
 is directly accountable to the governor.  The ombudsman shall 
 have the authority to investigate decisions, acts, and other 
 matters of the criminal justice system so as to promote the 
 highest attainable standards of competence, efficiency, and 
 justice for crime victims in the criminal justice system. 

    Subd. 1a.    Organization of office.  (a) The ombudsman 
 may appoint employees necessary to discharge responsibilities of 
 the office.  The ombudsman may delegate to staff members any of 
 the ombudsman's authority or duties except the duties of 
 formally making recommendations to appropriate authorities and 
 reports to the office of the governor or to the legislature. 

    (b) The commissioner of public safety shall provide office 
 space and administrative support services to the ombudsman and 
 the ombudsman's staff. 

    (c) The crime victim ombudsman shall report to the 
 legislature biennially on the activities of the crime victim 
 ombudsman. 

    Subd. 2.    Duties.  The crime victim ombudsman may 
 investigate complaints concerning possible violation of the 
 rights of crime victims or witnesses provided under this 
 chapter, the delivery of victim services by victim assistance 
 programs, the administration of the crime victims reparations 
 act, and other complaints of mistreatment by elements of the 
 criminal justice system or victim assistance programs.  The 
 ombudsman shall act as a liaison, when the ombudsman deems 
 necessary, between agencies, either in the criminal justice 
 system or in victim assistance programs, and victims and 
 witnesses.  The ombudsman may be concerned with activities that 
 strengthen procedures and practices which lessen the risk that 
 objectionable administrative acts will occur.  The ombudsman 
 must be made available through the use of a toll free telephone 
 number and shall answer questions concerning the criminal 
 justice system and victim services put to the ombudsman by 
 victims and witnesses in accordance with the ombudsman's 
 knowledge of the facts or law, unless the information is 
 otherwise restricted.  The ombudsman shall establish a procedure 
 for referral to the crime victim crisis centers, the crime 
 victims reparations board, and other victim assistance programs 
 when services are requested by crime victims or deemed necessary 
 by the ombudsman.  

    The ombudsman's files are confidential data as defined in 
 section 13.02, subdivision 3, during the course of an 
 investigation or while the files are active.  Upon completion of 
 the investigation or when the files are placed on inactive 
 status, they are private data on individuals as defined in 
 section 13.02, subdivision 12. 

    Subd. 3.    Powers.  The crime victim ombudsman has 
 those powers necessary to carry out the duties set out in 
 subdivision 2, including:  

    (a) The ombudsman may investigate, with or without a 
 complaint, any action of an element of the criminal justice 
 system or a victim assistance program included in subdivision 2. 

    (b) The ombudsman may request and shall be given access to 
 information and assistance the ombudsman considers necessary for 
 the discharge of responsibilities.  The ombudsman may inspect, 
 examine, and be provided copies of records and documents of all 
 elements of the criminal justice system and victim assistance 
 programs.  The ombudsman may request and shall be given access 
 to police reports pertaining to juveniles and juvenile 
 delinquency petitions, notwithstanding section 260B.171 or 
 260C.171.  Any information received by the ombudsman retains its 
 data classification under chapter 13 while in the ombudsman's 
 possession.  Juvenile records obtained under this subdivision 
 may not be released to any person. 

    (c) The ombudsman may prescribe the methods by which 
 complaints are to be made, received, and acted upon; may 
 determine the scope and manner of investigations to be made; and 
 subject to the requirements of sections 611A.72 to 611A.74, may 
 determine the form, frequency, and distribution of ombudsman 
 conclusions, recommendations, and proposals.  

    (d) After completing investigation of a complaint, the 
 ombudsman shall inform in writing the complainant, the 
 investigated person or entity, and other appropriate authorities 
 of the action taken.  If the complaint involved the conduct of 
 an element of the criminal justice system in relation to a 
 criminal or civil proceeding, the ombudsman's findings shall be 
 forwarded to the court in which the proceeding occurred.  

    (e) Before announcing a conclusion or recommendation that 
 expressly or impliedly criticizes an administrative agency or 
 any person, the ombudsman shall consult with that agency or 
 person. 

    Subd. 4.    No compelled testimony.  Neither the 
 ombudsman nor any member of the ombudsman's staff may be 
 compelled to testify or produce evidence in any judicial or 
 administrative proceeding with respect to matters involving the 
 exercise of official duties except as may be necessary to 
 enforce the provisions of this section. 

    Subd. 5.    Recommendations.  (a) On finding a complaint 
 valid after duly considering the complaint and whatever material 
 the ombudsman deems pertinent, the ombudsman may recommend 
 action to the appropriate authority.  

    (b) If the ombudsman makes a recommendation to an 
 appropriate authority for action, the authority shall, within a 
 reasonable time period, but not more than 30 days, inform the 
 ombudsman about the action taken or the reasons for not 
 complying with the recommendation.  

    (c) The ombudsman may publish conclusions and suggestions 
 by transmitting them to the governor, the legislature or any of 
 its committees, the press, and others who may be concerned.  
 When publishing an opinion adverse to an administrative agency, 
 the ombudsman shall include any statement the administrative 
 agency may have made to the ombudsman by way of explaining its 
 past difficulties or its present rejection of the ombudsman's 
 proposals. 

    Subd. 6.    Reports.  In addition to whatever reports 
 the ombudsman may make from time to time, the ombudsman shall 
 biennially report to the legislature and to the governor 
 concerning the exercise of ombudsman functions during the 
 preceding biennium.  The biennial report is due on or before the 
 beginning of the legislative session following the end of the 
 biennium. 

    HIST: 1Sp1985 c 4 s 20; 1986 c 444; 1987 c 244 s 7; 1988 c 638 
 s 16; 1990 c 583 s 8,9; 1995 c 226 art 7 s 17; 1997 c 239 art 7 
 s 34-36; 1998 c 254 art 1 s 105; 1999 c 139 art 4 s 2 

  611A.75 Repealed, 1997 c 7 art 2 s 67 

     611A.76 Crime victim services telephone line. 

    The commissioner of public safety shall operate at least 
 one statewide toll-free 24-hour telephone line for the purpose 
 of providing crime victims with referrals for victim services 
 and resources. 

    HIST: 1992 c 571 art 5 s 9 

     611A.77 Mediation programs for crime victims and 
  offenders. 

    Subdivision 1.    Grants.  The executive director of the 
 center for crime victim services shall award grants to nonprofit 
 organizations to create or expand mediation programs for crime 
 victims and offenders.  For purposes of this section, "offender" 
 means an adult charged with a nonviolent crime or a juvenile who 
 has been referred to a mediation program before or after a 
 petition for delinquency has been filed in connection with a 
 nonviolent offense, and "nonviolent crime" and "nonviolent 
 offense" exclude any offense in which the victim is a family or 
 household member, as defined in section 518B.01, subdivision 2. 

    Subd. 2.    Programs.  The executive director of the 
 center for crime victim services shall award grants to further 
 the following goals: 

    (1) to expand existing mediation programs for crime victims 
 and juvenile offenders to also include adult offenders; 

    (2) to initiate victim-offender mediation programs in areas 
 that have no victim-offender mediation programs; 

    (3) to expand the opportunities for crime victims to be 
 involved in the criminal justice process; 

    (4) to evaluate the effectiveness of victim-offender 
 mediation programs in reducing recidivism and encouraging the 
 payment of court-ordered restitution; and 

    (5) to evaluate the satisfaction of victims who participate 
 in the mediation programs. 

    Subd. 3.    Mediator qualifications.  The executive 
 director of the center for crime victim services shall establish 
 criteria to ensure that mediators participating in the program 
 are qualified. 

    Subd. 4.    Match required.  A nonprofit organization 
 may not receive a grant under this section unless the group has 
 raised a matching amount from other sources. 

    HIST: 1992 c 571 art 5 s 10; 1994 c 576 s 54; 1999 c 216 art 6 
 s 18 

     611A.775 Restorative justice programs. 

    A community-based organization, in collaboration with a 
 local governmental unit, may establish a restorative justice 
 program.  A restorative justice program is a program that 
 provides forums where certain individuals charged with or 
 petitioned for having committed an offense meet with the victim, 
 if appropriate; the victim's family members or other supportive 
 persons, if appropriate; the offender's family members or other 
 supportive persons, if appropriate; a law enforcement official 
 or prosecutor when appropriate; other criminal justice system 
 professionals when appropriate; and members of the community, in 
 order to: 

    (1) discuss the impact of the offense on the victim and the 
 community; 

    (2) provide support to the victim and methods for 
 reintegrating the victim into community life; 

    (3) assign an appropriate sanction to the offender; and 

    (4) provide methods for reintegrating the offender into 
 community life. 

    HIST: 1998 c 367 art 2 s 25 

     611A.78 Crime victim services roundtable. 

    Subdivision 1.    Membership.  A crime victim services 
 roundtable is created and shall be convened by the commissioner 
 of administration or a designee.  The roundtable membership 
 shall include representatives from the following:  the 
 departments of health; human services; children, families, and 
 learning; corrections; and public safety; the supreme court; the 
 Minnesota planning agency; the office of the attorney general; 
 the office of crime victim ombudsman; the county attorneys 
 association; and the office of dispute resolution.  The 
 roundtable membership shall also include one person representing 
 the four councils designated in sections 3.922, 3.9223, 3.9225, 
 and 3.9226. 

    Subd. 2.    Duties.  The crime victim services 
 roundtable shall meet at least four times each year to discuss 
 issues concerning victim services, including, but not limited 
 to, methods for improving the delivery of and securing increased 
 funding for victim services.  The roundtable shall present to 
 the legislature any initiatives, including those for increasing 
 efficiency in the administration of services, which require 
 legislative action. 

    HIST: 1996 c 408 art 7 s 11 

     611A.79 Civil damages for bias offenses. 

    Subdivision 1.    Definition.  For purposes of this 
 section, "bias offense" means conduct that would constitute a 
 crime and was committed because of the victim's or another's 
 actual or perceived race, color, religion, sex, sexual 
 orientation, disability as defined in section 363.01, age, or 
 national origin. 

    Subd. 2.    Cause of action; damages and fees injunction. 
  A person who is damaged by a bias offense has a civil cause 
 of action against the person who committed the offense.  The 
 plaintiff is entitled to recover the greater of: 

    (i) $500; or 

    (ii) actual general and special damages, including damages 
 for emotional distress. 

    A plaintiff also may obtain punitive damages as provided in 
 sections 549.191 and 549.20 or an injunction or other 
 appropriate relief. 

    Subd. 3.    Relation to criminal proceeding; burden of 
 proof.  A person may bring an action under this section 
 regardless of the existence or outcome of criminal proceedings 
 involving the bias offense that is the basis for the action.  
 The burden of proof in an action under this section is 
 preponderance of the evidence. 

    Subd. 4.    Parental liability.  Section 540.18 applies 
 to actions under this section, except that: 

    (1) the parent or guardian is liable for all types of 
 damages awarded under this section in an amount not exceeding 
 $5,000; and 

    (2) the parent or guardian is not liable if the parent or 
 guardian made reasonable efforts to exercise control over the 
 minor's behavior. 

    Subd. 5.    Trial; limitation period.  (a) The right to 
 trial by jury is preserved in an action brought under this 
 section. 

    (b) An action under this section must be commenced not 
 later than six years after the cause of action arises. 

    Subd. 6.    Other rights preserved.  The remedies under 
 this section do not affect any rights or remedies of the 
 plaintiff under other law. 

    HIST: 1996 c 468 s 1 

     611A.80 Definitions. 

    Subdivision 1.    General.  The definitions in this 
 section apply to sections 611A.80 to 611A.88. 

    Subd. 2.    Coerce.  "Coerce" means to use or threaten 
 to use any form of domination, restraint, or control for the 
 purpose of causing an individual to engage in or remain in 
 prostitution or to relinquish earnings derived from 
 prostitution.  Coercion exists if the totality of the 
 circumstances establish the existence of domination, restraint, 
 or control that would have the reasonably foreseeable effect of 
 causing an individual to engage in or remain in prostitution or 
 to relinquish earnings from prostitution.  Evidence of coercion 
 may include, but is not limited to: 

    (1) physical force or actual or implied threats of physical 
 force; 

    (2) physical or mental torture; 

    (3) implicitly or explicitly leading an individual to 
 believe that the individual will be protected from violence or 
 arrest; 

    (4) kidnapping; 

    (5) defining the terms of an individual's employment or 
 working conditions in a manner that can foreseeably lead to the 
 individual's use in prostitution; 

    (6) blackmail; 

    (7) extortion or claims of indebtedness; 

    (8) threat of legal complaint or report of delinquency; 

    (9) threat to interfere with parental rights or 
 responsibilities, whether by judicial or administrative action 
 or otherwise; 

    (10) promise of legal benefit, such as posting bail, 
 procuring an attorney, protecting from arrest, or promising 
 unionization; 

    (11) promise of financial rewards; 

    (12) promise of marriage; 

    (13) restraining speech or communication with others, such 
 as exploiting a language difference, or interfering with the use 
 of mail, telephone, or money; 

    (14) isolating an individual from others; 

    (15) exploiting a condition of developmental disability, 
 cognitive limitation, affective disorder, or substance 
 dependency; 

    (16) taking advantage of lack of intervention by child 
 protection; 

    (17) exploiting victimization by previous sexual abuse or 
 battering; 

    (18) exploiting pornographic performance; 

    (19) interfering with opportunities for education or skills 
 training; 

    (20) destroying property; 

    (21) restraining movement; 

    (22) exploiting HIV status, particularly where the 
 defendant's previous coercion led to the HIV exposure; or 

    (23) exploiting needs for food, shelter, safety, affection, 
 or intimate or marital relationships. 

    Subd. 3.    Promotes the prostitution of an individual.  
 "Promotes the prostitution of an individual" has the meaning 
 given in section 609.321, subdivision 7. 

    Subd. 4.    Prostitution.  "Prostitution" has the 
 meaning given in section 609.321, subdivision 9. 

    HIST: 1994 c 624 s 1 

     611A.81 Cause of action for coercion for use in 
  prostitution. 

    Subdivision 1.    Cause of action created.  (a) An 
 individual has a cause of action against a person who: 

    (1) coerced the individual into prostitution; 

    (2) coerced the individual to remain in prostitution; 

    (3) used coercion to collect or receive any of the 
 individual's earnings derived from prostitution; or 

    (4) hired, offered to hire, or agreed to hire the 
 individual to engage in prostitution, knowing or having reason 
 to believe that the individual was coerced into or coerced to 
 remain in prostitution by another person. 

    For purposes of clauses (1) and (2), money payment by a 
 patron, as defined in section 609.321, subdivision 4, is not 
 coercion under section 611A.80, subdivision 2, clause (5) or 
 (11), or exploiting needs for food or shelter under section 
 611A.80, subdivision 2, clause (23). 

    Clause (3) does not apply to minor children who are 
 dependent on the individual and who may have benefited from or 
 been supported by the individual's earnings derived from 
 prostitution. 

    (b) An individual has a cause of action against a person 
 who did the following while the individual was a minor: 

    (1) solicited or induced the individual to practice 
 prostitution; 

    (2) promoted the prostitution of the individual; 

    (3) collected or received the individual's earnings derived 
 from prostitution; or 

    (4) hired, offered to hire, or agreed to hire the 
 individual to engage in prostitution. 

    Mistake as to age is not a defense to an action under this 
 paragraph. 

    Subd. 2.    Damages.  A person against whom a cause of 
 action may be maintained under subdivision 1 is liable for the 
 following damages that resulted from the plaintiff's being used 
 in prostitution or to which the plaintiff's use in prostitution 
 proximately contributed: 

    (1) economic loss, including damage, destruction, or loss 
 of use of personal property; loss of past or future income or 
 earning capacity; and income, profits, or money owed to the 
 plaintiff from contracts with the person; and 

    (2) damages for death as may be allowed under section 
 573.02, personal injury, disease, and mental and emotional harm, 
 including medical, rehabilitation, and burial expenses; and pain 
 and suffering, including physical impairment. 

    HIST: 1994 c 624 s 2 

*   NOTE:  For activities described in subdivision 1 that 
*occurred between August 1, 1988, and July 31, 1994, an action 
*for damages must be commenced not later than August 1, 1995, or 
*six years after the cause of action arises, whichever is later; 
*except that the running of the limitation period is suspended 
*during the time that coercion continues.  Laws 1994, chapter 
*624, section 10.

     611A.82 Acts not defenses. 

    None of the following shall alone or jointly be a 
 sufficient defense to an action under section 611A.81:  

    (1) the plaintiff consented to engage in acts of 
 prostitution; 

    (2) the plaintiff was paid or otherwise compensated for 
 acts of prostitution; 

    (3) the plaintiff engaged in acts of prostitution prior to 
 any involvement with the defendant; 

    (4) the plaintiff apparently initiated involvement with the 
 defendant; 

    (5) the plaintiff made no attempt to escape, flee, or 
 otherwise terminate contact with the defendant; 

    (6) the defendant had not engaged in prior acts of 
 prostitution with the plaintiff; 

    (7) as a condition of employment, the defendant required 
 the plaintiff to agree not to engage in prostitution; or 

    (8) the defendant's place of business was posted with signs 
 prohibiting prostitution or prostitution-related activities. 

    HIST: 1994 c 624 s 3 

     611A.83 Evidence. 

    Subdivision 1.    Use in other proceedings.  In the 
 course of litigation under section 611A.81, any transaction 
 about which a plaintiff testifies or produces evidence does not 
 subject the plaintiff to criminal prosecution or any penalty or 
 forfeiture.  Any testimony or evidence, documentary or 
 otherwise, or information directly or indirectly derived from 
 that testimony or evidence that is given or produced by a 
 plaintiff or a witness for a plaintiff may not be used against 
 that person in any other investigation or proceeding, other than 
 a criminal investigation or proceeding for perjury committed 
 while giving the testimony or producing the evidence. 

    Subd. 2.    Convictions.  Evidence of convictions for 
 prostitution or prostitution-related offenses is inadmissible in 
 a proceeding brought under section 611A.81 for purposes of 
 attacking the plaintiff's credibility.  If the court admits 
 evidence of prior convictions for purposes permitted under 
 Minnesota Rules of Evidence, rule 404(b) with respect to motive, 
 opportunity, intent, preparation, plan, knowledge, identity, or 
 absence of mistake or accident, the fact finder may consider the 
 evidence solely for those purposes and shall disregard details 
 offered to prove any fact that is not relevant. 

    HIST: 1994 c 624 s 4 

     611A.84 Statute of limitations. 

    An action for damages under section 611A.81 must be 
 commenced not later than six years after the cause of action 
 arises, except that the running of the limitation period is 
 suspended during the time that coercion as defined in section 
 611A.80 continues, or as otherwise provided by section 541.13 or 
 541.15. 

    HIST: 1994 c 624 s 5 

     611A.85 Other remedies preserved. 

    Sections 611A.80 to 611A.88 do not affect the right of any 
 person to bring an action or use any remedy available under 
 other law, including common law, to recover damages arising out 
 of the use of the individual in prostitution or the coercion 
 incident to the individual being used in prostitution; nor do 
 sections 611A.80 to 611A.88 limit or restrict the liability of 
 any person under other law. 

    HIST: 1994 c 624 s 6 

     611A.86 Double recovery prohibited. 

    A person who recovers damages under sections 611A.80 to 
 611A.88 may not recover the same costs or damages under any 
 other law.  A person who recovers damages under any other law 
 may not recover for the same costs or damages under sections 
 611A.80 to 611A.88. 

    HIST: 1994 c 624 s 7 

     611A.87 Award of costs. 

    Upon motion of a prevailing party in an action under 
 sections 611A.80 to 611A.88, the court may award costs, 
 disbursements, and reasonable attorney fees and witness fees to 
 the party. 

    HIST: 1994 c 624 s 8 

     611A.88 No avoidance of liability. 

    No person may avoid liability under sections 611A.80 to 
 611A.88 by means of any conveyance of any right, title, or 
 interest in real property, or by any indemnification, hold 
 harmless agreement, or similar agreement that purports to show 
 consent of the plaintiff. 

    HIST: 1994 c 624 s 9 

     611A.90 Release of videotapes of child abuse victims. 

    Subdivision 1.    Definition.  For purposes of this 
 section, "physical abuse" and "sexual abuse" have the meanings 
 given in section 626.556, subdivision 2, except that abuse is 
 not limited to acts by a person responsible for the child's care 
 or in a significant relationship with the child or position of 
 authority. 

    Subd. 2.    Court order required.  (a) A custodian of a 
 videotape of a child victim or alleged victim alleging, 
 explaining, denying, or describing an act of physical or sexual 
 abuse as part of an investigation or evaluation of the abuse may 
 not release a copy of the videotape without a court order, 
 notwithstanding that the subject has consented to the release of 
 the videotape or that the release is authorized under law. 

    (b) The court order may govern the purposes for which the 
 videotape may be used, reproduction, release to other persons, 
 retention and return of copies, and other requirements 
 reasonably necessary for protection of the privacy and best 
 interests of the child. 

    Subd. 3.    Petition.  An individual subject of data, as 
 defined in section 13.02, or a patient, as defined in section 
 144.335, who is seeking a copy of a videotape governed by this 
 section may petition the district court in the county where the 
 alleged abuse took place or where the custodian of the videotape 
 resides for an order releasing a copy of the videotape under 
 subdivision 2.  Nothing in this section establishes a right to 
 obtain access to a videotape by any other person nor limits a 
 right of a person to obtain access if access is otherwise 
 authorized by law or pursuant to discovery in a court proceeding.

    HIST: 1995 c 259 art 4 s 6