2001 Minnesota Statutes

CHAPTER 628. Accusation

     628.01 Indictment. 

    An indictment is an accusation in writing, presented by a 
 grand jury to a competent court, charging a person with a public 
 offense.  

    HIST: (10620) RL s 5278; 1979 c 233 s 27 

     628.02 Reports by indictment. 

    The grand jury shall inquire into all public offenses 
 committed or triable in the county, and report them to the court 
 by indictment.  

    HIST: (10621) RL s 5279; 1979 c 233 s 28 

  628.03 Repealed, 1979 c 233 s 42 

  628.04 Repealed, 1979 c 233 s 42 

  628.05 Repealed, 1979 c 233 s 42 

  628.06 Repealed, 1979 c 233 s 42 

  628.07 Repealed, 1979 c 233 s 42 

  628.08 Repealed, 1979 c 233 s 42 

     628.09 Indictment presented, filed, and recorded; effect.

    When an indictment is found, it shall be immediately 
 presented by the foreperson, in the presence of the grand jury, 
 to the court, filed with the court administrator, recorded in a 
 book kept for that purpose as soon as the arraignment shall have 
 been made, and remain in the court administrator's office as a 
 public record.  The court administrator shall certify at the 
 bottom of the record that the court administrator has compared 
 the same with the original, and that it is a true copy thereof.  
 Such record shall have all the force and effect of the original 
 indictment, and, in case the indictment should be lost, mislaid, 
 or for any reason not be before the court, any proceeding may be 
 had upon such record in the same manner and with the same effect 
 as if the original was before the court, and in such case no 
 trial, conviction, or sentence shall be invalid by reason of the 
 fact that the original indictment has disappeared from the files 
 of the court after the recording thereof.  

    HIST: (10638) RL s 5296; 1986 c 444; 1Sp1986 c 3 art 1 s 82 

     628.10 Indictments; contents.  

    The first pleading on the part of the state is the 
 indictment, which shall contain: 

    (1) The title of the action, specifying the name of the 
 court to which the indictment is presented, and the names of the 
 parties; 

    (2) A statement of the acts constituting the offense, in 
 ordinary and concise language, without repetition.  

    HIST: (10639) RL s 5297 

  628.11 Repealed, 1979 c 233 s 42 

     628.12 Requirements of indictment.  

    The indictment shall be direct and certain as it regards: 

    (1) The party charged; 

    (2) The offense charged; 

    (3) The particular circumstances of the offense charged, 
 when they are necessary to constitute a complete offense.  

    HIST: (10641) RL s 5299 

     628.13 Fictitious name.  

    When a defendant shall be indicted by a fictitious or 
 erroneous name, and in any stage of the proceedings the true 
 name shall be discovered, it may be inserted in the subsequent 
 proceedings, referring to the fact of the defendant's being 
 indicted by the name mentioned in the indictment.  

    HIST: (10642) RL s 5300; 1986 c 444 

  628.14 Repealed, 1979 c 233 s 42 

     628.15 Time, how stated.  

    The precise time at which the offense was committed need 
 not be stated in the indictment, but may be alleged to have been 
 committed at any time before the finding thereof, except where 
 the time shall be a material ingredient in the offense.  

    HIST: (10644) RL s 5302 

     628.16 Erroneous allegation as to person injured.  

    When the offense shall involve the commission of, or an 
 attempt to commit, a private injury, and is described with 
 sufficient certainty in other respects to identify the act, an 
 erroneous allegation as to person injured, or intended to be 
 injured, shall not be material.  

    HIST: (10645) RL s 5303 

     628.17 Words of statute need not be followed.  

    Words used in the statutes to define a public offense need 
 not be strictly pursued in the indictment, but other words 
 conveying the same meaning may be used.  

    HIST: (10646) RL s 5304 

     628.18 Tests of sufficiency. 

    The indictment shall be sufficient if it is drafted in 
 accordance with the provisions of rule 17.02 of the rules of 
 criminal procedure and if it can be understood therefrom: 

    (1) That it is entitled in a court having authority to 
 receive it, though the name of the court is not accurately 
 stated; 

    (2) That it was found by a grand jury of the county in 
 which the court was held; 

    (3) That the defendant is named, or, if the name cannot be 
 discovered, is described by a fictitious name, with the 
 statement that the defendant has refused to discover the real 
 name; 

    (4) That the offense was committed at some place within the 
 jurisdiction of the court, except where, as provided by law, the 
 act, though done without the local jurisdiction of the county, 
 is triable therein; 

    (5) That the offense was committed at some time prior to 
 the time of finding the indictment; 

    (6) That the act or omission charged as the offense is 
 clearly and distinctly set forth, in ordinary and concise 
 language, without repetition; 

    (7) That the act or omission charged as the offense is 
 stated with such a degree of certainty as to enable the court to 
 pronounce judgment, upon a conviction, according to the right of 
 the case. 

    HIST: (10647) RL s 5305; 1979 c 233 s 29; 1986 c 444 

  628.19 Repealed, 1979 c 233 s 42 

     628.20 Judgment, how pleaded.  

    In pleading a judgment or other determination of, or 
 proceeding before, a court or officer of special jurisdiction, 
 it shall not be necessary to state the facts conferring 
 jurisdiction, but the judgment or determination may be stated to 
 have been duly given or made. The facts constituting 
 jurisdiction shall, however, be established on trial.  

    HIST: (10649) RL s 5307 

     628.21 Private statute, how pleaded.  

    In pleading a private statute, or right derived therefrom, 
 it shall be sufficient to refer to the statute by its title and 
 the day of its passage, and the court shall thereupon take 
 judicial notice thereof.  

    HIST: (10650) RL s 5308 

     628.22 Indictment for criminal defamation.  

    An indictment for criminal defamation need not set forth 
 any extrinsic facts for the purpose of showing the application 
 to the party defamed of the defamatory matter on which the 
 indictment is founded, but it shall be sufficient to state 
 generally that the same was published concerning the party 
 defamed, and the fact that it was so published shall be 
 established on the trial. 

    HIST: (10651) RL s 5309; 1965 c 45 s 70; 1986 c 444 

     628.23 Misdescription of forged instrument.  

    When an instrument which is the subject of an indictment 
 for forgery has been destroyed or withdrawn by the act or 
 procurement of the defendant, and the fact of the destruction or 
 withholding shall be alleged in the indictment and established 
 on the trial, the misdescription of the instrument shall be 
 immaterial.  

    HIST: (10652) RL s 5310 

     628.24 Indictment for perjury.  

    In an indictment for perjury or subornation of perjury, it 
 shall be sufficient to set forth the substance of the 
 controversy or matter in respect to which the offense was 
 committed, and what court or before whom the oath alleged to be 
 false was taken, and that the court or person before whom it was 
 taken had authority to administer it, with proper allegations of 
 the falsity of the matter on which the perjury is assigned; but 
 the indictment need not set forth the pleadings, record, or 
 proceedings with which the oath is connected, nor the commission 
 or authority of the court or person before whom the perjury was 
 committed.  

    HIST: (10653) RL s 5311 

     628.25 Compounding felony indictable.  

    A person may be indicted for having, with the knowledge of 
 the commission of a public offense, taken money or property of 
 another, or a gratuity or reward, or an engagement or promise 
 therefor, upon an agreement or understanding, express or 
 implied, to compound or conceal the offense, or to abstain from 
 a prosecution therefor, or to withhold any evidence thereof, 
 though the person guilty of the original offense has not been 
 indicted or tried.  

    HIST: (10654) RL s 5312 

     628.26 Limitations. 

    (a) Indictments or complaints for any crime resulting in 
 the death of the victim may be found or made at any time after 
 the death of the person killed.  

    (b) Indictments or complaints for a violation of section 
 609.25 may be found or made at any time after the commission of 
 the offense. 

    (c) Indictments or complaints for violation of section 
 609.42, subdivision 1, clause (1) or (2), shall be found or made 
 and filed in the proper court within six years after the 
 commission of the offense.  

    (d) Indictments or complaints for violation of sections 
 609.342 to 609.345 if the victim was under the age of 18 years 
 at the time the offense was committed, shall be found or made 
 and filed in the proper court within nine years after the 
 commission of the offense or, if the victim failed to report the 
 offense within this limitation period, within three years after 
 the offense was reported to law enforcement authorities. 

    (e) Notwithstanding the limitations in paragraph (d), 
 indictments or complaints for violation of sections 609.342 to 
 609.344 may be found or made and filed in the proper court at 
 any time after commission of the offense, if physical evidence 
 is collected and preserved that is capable of being tested for 
 its DNA characteristics.  If this evidence is not collected and 
 preserved and the victim was 18 years old or older at the time 
 of the offense, the prosecution must be commenced within nine 
 years after the commission of the offense. 

    (f) Indictments or complaints for violation of sections 
 609.466 and 609.52, subdivision 2, clause (3), item (iii), shall 
 be found or made and filed in the proper court within six years 
 after the commission of the offense. 

    (g) Indictments or complaints for violation of section 
 609.52, subdivision 2, clause (3), items (i) and (ii), (4), 
 (15), or (16), 609.631, or 609.821, where the value of the 
 property or services stolen is more than $35,000, shall be found 
 or made and filed in the proper court within five years after 
 the commission of the offense. 

    (h) Except for violations relating to false material 
 statements, representations or omissions, indictments or 
 complaints for violations of section 609.671 shall be found or 
 made and filed in the proper court within five years after the 
 commission of the offense.  

    (i) Indictments or complaints for violation of sections 
 609.561 to 609.563, shall be found or made and filed in the 
 proper court within five years after the commission of the 
 offense. 

    (j) In all other cases, indictments or complaints shall be 
 found or made and filed in the proper court within three years 
 after the commission of the offense. 

    (k) The limitations periods contained in this section shall 
 exclude any period of time during which the defendant was not an 
 inhabitant of or usually resident within this state. 

    (l) The limitations periods contained in this section for 
 an offense shall not include any period during which the alleged 
 offender participated under a written agreement in a pretrial 
 diversion program relating to that offense. 

    (m) The limitations periods contained in this section shall 
 not include any period of time during which physical evidence 
 relating to the offense was undergoing DNA analysis, as defined 
 in section 299C.155, unless the defendant demonstrates that the 
 prosecuting or law enforcement agency purposefully delayed the 
 DNA analysis process in order to gain an unfair advantage. 

    HIST: (10655) RL s 5313; 1976 c 184 s 1; 1982 c 432 s 1; 1984 
 c 419 s 2; 1984 c 496 s 1; 1986 c 351 s 21; 1Sp1986 c 3 art 1 s 
 78; 1987 c 254 s 12; 1987 c 267 s 4; 1988 c 712 s 20; 1989 c 290 
 art 4 s 17; 1991 c 232 s 3; 1993 c 326 art 4 s 36; art 5 s 12; 
 1994 c 636 art 2 s 64; 1995 c 226 art 2 s 35; 2000 c 311 art 4 s 
 9; 2001 c 7 s 89 

     628.27 Theft by clerks, agents; evidence.  

    In any prosecution for the theft of money, bank notes, 
 checks, drafts, bills of exchange, or other security for money, 
 of any person, by a clerk, agent, or servant of such person, it 
 shall be sufficient to allege generally in the indictment a 
 theft of money to a certain amount, without specifying any 
 particulars of such theft, and on the trial evidence may be 
 given of any such theft committed within six months next after 
 the time stated in the indictment; and it shall be sufficient to 
 maintain the charge in the indictment, and not be deemed a 
 variance, if it is proved that any money, bank note, check, 
 draft, bill of exchange, or other security for money of such 
 person, of whatever amount, was stolen by such clerk, agent, or 
 servant within such period of six months.  

    HIST: (10662) RL s 5320; 1965 c 35 s 12 

     628.28 Evidence of ownership.  

    In the prosecution of any offense committed upon, or in 
 relation to, or in any way affecting real estate, or any offense 
 committed in stealing, destroying, injuring, or fraudulently 
 receiving or concealing any money, goods, or other personal 
 estate, it shall be sufficient, and shall not be deemed a 
 variance, if it shall be proved on trial that, at the time when 
 such offense was committed, either the actual or constructive 
 possession, or the general or special property, in the whole or 
 any part of such real or personal estate, was in the person or 
 community alleged in the indictment or other accusation to be 
 the owner thereof.  

    HIST: (10663) RL s 5321 

  628.29 Repealed, 1979 c 233 s 42 

  628.30 Repealed, 1979 c 233 s 42 

  628.31 Repealed, 1979 c 233 s 42 

  628.32 Repealed, 1979 c 233 s 42 

  628.33 Repealed, 1979 c 233 s 42 

     628.41 Grand juries; members; quorum; compensation. 

    Subdivision 1.  A grand jury is a body of persons returned 
 at stated periods from the citizens of the county, or counties 
 as provided in subdivision 2, before a court of competent 
 jurisdiction, chosen by lot, and sworn to inquire as to public 
 offenses committed or triable in the county or counties.  It 
 shall consist of not more than 23, nor less than 16, persons, 
 and shall not proceed to any business unless at least 16 members 
 are present. 

    Subd. 2.  If subject matter of the grand jury inquiry 
 concerns activity, events, or other matters in more than one 
 county, a grand jury may be selected, in reasonable proportion, 
 from the counties in which the activity, events, or other 
 matters occurred.  A judge of the district court from any 
 judicial district which includes one of the counties involved in 
 an inquiry may convene a multicounty grand jury, without regard 
 to judicial district boundaries, and may designate which county 
 attorney or county attorneys shall attend upon the grand jury. 
 The judge shall designate where a grand jury drawn from more 
 than one county shall sit. 

    Subd. 3.  All indictments, reports or other returns 
 returned by a grand jury drawn from more than one county shall 
 be returned without any designation of venue.  Thereupon, the 
 judge ordering the impaneling of the grand jury shall designate 
 the county of venue for purposes of trial. 

    Subd. 4.  If a grand jury drawn from more than one county 
 was impaneled pursuant to the request of a county attorney, that 
 county attorney shall prosecute indictments returned thereby, 
 except that the county attorney of the county in which venue was 
 designated pursuant to subdivision 3 may file a written request 
 to prosecute with the judge impaneling the grand jury within 15 
 days, in which case the judge shall designate the prosecuting 
 authority.  In all other cases, the prosecuting authority shall 
 be designated by the judge impaneling the grand jury. 

    Subd. 5.  The costs of a grand jury drawn from more than 
 one county shall be apportioned between the counties from which 
 the grand jury was drawn as may be ordered by the judge 
 impaneling the grand jury. 

    Subd. 6.  Members of grand juries drawn from more than one 
 county shall be compensated as provided in section 593.48.  In 
 addition, grand jurors residing more than 50 miles from the 
 place where the grand jury sits shall be reimbursed for expenses 
 actually incurred for meals and lodging, not to exceed $35 per 
 day. 

    HIST: (10603) RL s 5261; 1921 c 365 s 2; 1977 c 208 s 1; 1980 
 c 509 s 182 

  628.42 Repealed, 1977 c 286 s 21 

  628.43 Repealed, 1977 c 286 s 21 

  628.44 Repealed, 1977 c 286 s 21 

  628.45 Repealed, 1977 c 286 s 21 

  628.46 Repealed, 1977 c 286 s 21 

  628.47 Repealed, 1977 c 286 s 21 

     628.48 Failure to report; attachment.  

    Every grand and petit juror drawn and summoned to attend 
 and serve at any term of a district court shall report to such 
 court at the time and place designated in such summons.  A 
 failure to so report shall constitute contempt of court.  On the 
 first day of the term fixed for the attendance of either the 
 grand or the petit jurors, or as soon thereafter as may be, the 
 court shall ascertain whether the persons summoned to attend at 
 such term as grand or petit jurors, as the case may be, have 
 reported for duty as required by law; and, if it shall find a 
 failure on the part of any person so summoned to report, it 
 shall at once cause an attachment to issue against the juror, 
 which shall be served by the sheriff or a deputy, and shall be 
 forthwith arrested and brought before the court to be dealt with 
 according to law.  Nothing in this section contained shall 
 render liable to jury duty any person who is exempt by law.  

    HIST: (10609) RL s 5267; 1986 c 444 

  628.49 Repealed, 1977 c 286 s 21 

  628.50 Repealed, 1977 c 286 s 21 

  628.51 Repealed, 1977 c 286 s 21 

  628.52 Repealed, 1977 c 286 s 21 

  628.53 Repealed, 1977 c 286 s 21 

     628.54 Causes of objection to juror; how tried; decision 
  entered. 

    An objection to an individual grand juror may be based on 
 the cause that the grand juror: 

    (1)  is less than 18 years of age; 

    (2)  is not a citizen of the United States; 

    (3)  has not resided in this state 30 days; 

    (4)  is insane; 

    (5)  is a prosecutor upon a charge against the defendant; 

    (6)  is a witness on the part of the prosecution, and has 
 been served with process or bound by recognizance as such; 

    (7)  is of a state of mind in reference to the case or to 
 either party which shall satisfy the court, in the exercise of a 
 sound discretion, that the juror cannot act impartially and 
 without prejudice to the substantial rights of the party 
 objecting. 

    HIST: (10615) RL s 5273; 1973 c 468 s 1; 1979 c 233 s 30; 1986 
 c 444 

  628.55 Repealed, 1979 c 233 s 42 

     628.56 Foreperson; jury sworn; charge by court. 

    From the persons summoned to serve as grand jurors and 
 appearing, the court shall appoint a foreperson, and it shall 
 also appoint a foreperson whenever one already appointed shall 
 be discharged or excused before such jury is dismissed.  The 
 grand jury shall then be sworn according to law, and the same 
 oath shall be administered to any grand juror afterwards 
 appearing and admitted as such.  The grand jury shall then be 
 charged by the court, who, in doing so, shall read to it the 
 provisions of sections 628.01, 628.02, 628.60 to 628.66, and 
 rules 18.06, subdivisions 1 and 2, and 18.08 of the rules of 
 criminal procedure, and may give it such other information as it 
 may deem proper as to the nature of its duties, and any charges 
 for public offenses returned to the court, or likely to come 
 before the grand jury; but it need not charge it respecting the 
 violation of any particular statute unless expressly made its 
 duty by the provisions of such statute. 

    HIST: (10617) RL s 5275; 1Sp1981 c 4 art 1 s 184; 1986 c 444 

     628.57 Jury to retire; clerk; duties. 

    The grand jury shall then retire to a private room and 
 inquire into the offenses cognizable by it.  It shall appoint 
 one of its number clerk, who shall preserve the minutes of its 
 proceedings, but not of the votes of the individual members on 
 an indictment. 

    HIST: (10618) RL s 5276; 1979 c 233 s 31 

  628.58 Repealed, 1979 c 233 s 42 

  628.59 Repealed, 1979 c 233 s 42 

     628.60 Juror complainant, when.  

    If a member of the grand jury shall know or have reason to 
 believe that a public offense has been committed which is 
 triable in the county, the member shall declare the same to the 
 other jurors, who shall thereupon investigate the same.  

    HIST: (10624) RL s 5282; 1986 c 444 

     628.61 Matters inquired into.  

    The grand jury shall inquire: 

    (1) Into the condition of every person imprisoned on a 
 criminal charge triable in the county, and not indicted; 

    (2) Into the condition and management of the public prisons 
 in the county; and 

    (3) Into the willful and corrupt misconduct in office of 
 all public officers in the county.  

    HIST: (10625) RL s 5283 

     628.62 Access to prisons and records.  

    The grand jury shall be entitled to free access at all 
 reasonable times to the public prisons, and to the examination, 
 without charge, of all public records in the county.  

    HIST: (10626) RL s 5284 

     628.63 Grand jury; who may be present; county attorney 
  to attend; duties. 

    The grand jury may at all reasonable times ask the advice 
 of the court, or of the county attorney, and the county attorney 
 shall attend it for the purpose of framing indictments or 
 examining witnesses in its presence. 

    The persons specified in rule 18.04 of the rules of 
 criminal procedure may, subject to the conditions specified in 
 that rule, be present before the grand jury when it is in 
 session, but no person other than the jurors may be present 
 while the grand jury is deliberating or voting.  

    HIST: (10627) RL s 5285; 1979 c 233 s 32 

  628.64 Repealed, 1979 c 233 s 42 

     628.65 Make disclosure, when.  

    Any grand juror may be required by any court to disclose 
 the testimony of any witnesses examined before the grand jury, 
 for the purpose of ascertaining whether it is consistent with 
 that given by the witnesses before the court, or to disclose the 
 testimony given before it by any other person, upon a charge 
 against the person for perjury in giving the testimony, or upon 
 the trial therefor.  

    HIST: (10629) RL s 5287; 1986 c 444 

     628.66 Action not to be questioned; exception.  

    A grand juror shall not be questioned for anything the 
 juror may say or any vote the juror may give in the grand jury 
 relative to a matter legally pending before the jury, except for 
 a perjury of which the juror may be guilty in making an 
 accusation, or giving testimony to the other jurors.  

    HIST: (10630) RL s 5288; 1986 c 444 

  628.67 Repealed, 1965 c 45 s 73 

     628.68 Disclosure of transactions of grand jury. 

    Except as otherwise provided in rule 18.08 of the rules of 
 criminal procedure, every judge, grand juror, county attorney, 
 court administrator, or other officer, who, except in the due 
 discharge of official duty, shall disclose, before an accused 
 person shall be in custody, the fact that an indictment found or 
 ordered against the accused person, and every grand juror who, 
 except when lawfully required by a court or officer, shall 
 willfully disclose any evidence adduced before the grand jury, 
 or anything which the juror or any other member of the grand 
 jury said, or in what manner any grand juror voted upon any 
 matter before them, shall be guilty of a misdemeanor.  
 Disclosure may be made by the county attorney, by notice to the 
 defendant or the defendant's attorney of the indictment and the 
 time of defendant's appearance in the district court, if in the 
 discretion of the judge notice is sufficient to insure 
 defendant's appearance. 

    HIST: (10050) RL s 4862; 1969 c 197 s 1; 1979 c 233 s 33; 1986 
 c 444; 1Sp1986 c 3 art 1 s 82 

     628.69 Pretrial diversion program for writers of 
  dishonored checks. 

    Subdivision 1.    Definitions.  As used in this section: 

    (1) a person is an "offender" if the person is charged 
 with, or probable cause exists to arrest or charge the person 
 with, a violation of section 609.535, but the person has not yet 
 entered a plea in the proceedings; 

    (2) "pretrial diversion" means the decision of a prosecutor 
 to refer an offender to a diversion program on condition that 
 the criminal charges against the offender will be dismissed 
 after a specified period of time, or the case will not be 
 charged, if the offender successfully completes the program; and 

    (3) "prosecutor" means a city or county attorney. 

    Subd. 2.    Establishment of program.  A prosecutor may 
 establish a pretrial diversion program for offenders.  The 
 program may be conducted by the prosecutor or by a private 
 entity under contract with the prosecutor. 

    Subd. 3.    Diversion of offender.  In determining 
 whether to accept an offender for pretrial diversion, the 
 prosecutor shall consider: 

    (1) the value of the dishonored check or checks; 

    (2) whether the offender has a criminal record or has 
 previously been diverted under this section or any other 
 diversion program; 

    (3) the number of dishonored check grievances against the 
 offender previously received by the prosecutor; 

    (4) whether there are other dishonored check grievances 
 currently pending against the offender; 

    (5) the strength of the evidence, if any, of intent to 
 defraud the victim; and 

    (6) the wishes of the victim regarding placement in the 
 program. 

    Subd. 4.    Program components.  (a) At a minimum, the 
 pretrial diversion program must require offenders to: 

    (1) successfully complete an appropriate educational class 
 or classes at their own expense which includes information on 
 writing checks and managing money; 

    (2) make full restitution to the victim of the offense; and 

    (3) pay appropriate penalties under section 332.50, 
 subdivision 2, paragraph (a). 

    (b) If the prosecutor determines that requiring an offender 
 to pay for the educational class described in paragraph (a), 
 clause (1), would result in an economic hardship to the offender 
 or the offender's family, the prosecutor may waive the 
 requirement. 

    Subd. 5.    No civil liability.  A victim of an offender 
 who successfully completes a pretrial diversion program under 
 this section may not recover the penalties described in section 
 332.50, subdivision 2, paragraph (b), if the penalties relate to 
 the offense resulting in completion of the diversion program. 

    Subd. 6.    Reporting of data to criminal justice 
 information system (CJIS).  Every county attorney who has 
 established a pretrial diversion program under this section 
 shall report the following information to the bureau of criminal 
 apprehension: 

    (1) the name and date of birth of each diversion program 
 participant, and any other identifying information the 
 superintendent considers necessary; 

    (2) the date on which the individual began to participate 
 in the diversion program; 

    (3) the date on which the individual is expected to 
 complete the diversion program; 

    (4) the date on which the individual successfully completed 
 the diversion program, where applicable; and 

    (5) the date on which the individual was removed from the 
 diversion program for failure to successfully complete the 
 individual's goals, where applicable. 

    The superintendent shall cause the information described in 
 this subdivision to be entered into and maintained in the 
 criminal history file of the Minnesota criminal justice 
 information system. 

    Subd. 7.    Reports.  By January 15 of each odd-numbered 
 year, each prosecutor shall report to the supreme court and the 
 chairs of the senate and house committees having jurisdiction 
 over criminal justice policy on the operation of any pretrial 
 diversion program established under this section.  The report 
 must include a description of the program, the number of 
 offenders participating in the program, the number and 
 characteristics of the offenders who successfully complete the 
 program, the number and characteristics of the offenders who 
 fail to complete the program, and an evaluation of the program's 
 effect on the operation of the criminal justice system within 
 the prosecutor's jurisdiction. 

    HIST: 1999 c 218 s 6