CHAPTER 611A. CRIME VICTIMS: RIGHTS, PROGRAMS, AGENCIES
Table of Sections
DEFINITIONS AND GENERAL PROVISIONS
|611A.015||SCOPE OF VICTIMS' RIGHTS.|
|611A.02||NOTIFICATION OF VICTIM SERVICES AND VICTIMS' RIGHTS.|
|611A.021||NOTICE OF RIGHT TO REQUEST WITHHOLDING OF CERTAIN PUBLIC DATA.|
|611A.03||PLEA AGREEMENTS; NOTIFICATION.|
|611A.0301||RIGHT TO SUBMIT STATEMENT AT PLEA PRESENTATION HEARING.|
|611A.031||VICTIM INPUT REGARDING PRETRIAL DIVERSION.|
|611A.0311||DOMESTIC ABUSE PROSECUTIONS PLAN AND PROCEDURES; PILOT PROGRAM.|
|611A.0315||VICTIM NOTIFICATION; DOMESTIC ASSAULT; HARASSMENT.|
|611A.032||Repealed, 1995 c 186 s 102
|611A.033||SPEEDY TRIAL; NOTICE OF SCHEDULE CHANGE.|
|611A.034||SEPARATE WAITING AREAS IN COURTHOUSE.|
|611A.035||CONFIDENTIALITY OF VICTIM'S ADDRESS.|
|611A.036||PROHIBITION AGAINST EMPLOYER RETALIATION.|
|611A.037||PRESENTENCE INVESTIGATION; VICTIM IMPACT; NOTICE.|
|611A.038||RIGHT TO SUBMIT STATEMENT AT SENTENCING.|
|611A.0385||SENTENCING; IMPLEMENTATION OF RIGHT TO NOTICE OF OFFENDER RELEASE AND EXPUNGEMENT.|
|611A.039||RIGHT TO NOTICE OF FINAL DISPOSITION OF CRIMINAL CASE.|
|611A.0392||NOTICE TO COMMUNITY CRIME PREVENTION GROUP.|
|611A.0395||RIGHT TO INFORMATION REGARDING DEFENDANT'S APPEAL.|
|611A.04||ORDER OF RESTITUTION.|
|611A.045||PROCEDURE FOR ISSUING ORDER OF RESTITUTION.|
|611A.046||VICTIM'S RIGHT TO REQUEST PROBATION REVIEW HEARING.|
|611A.05||PENALTIES NO BAR TO CIVIL REMEDIES.|
|611A.06||RIGHT TO NOTICE OF RELEASE.|
|611A.07||ELECTRONIC MONITORING TO PROTECT DOMESTIC ABUSE VICTIMS; STANDARDS.|
BARRING PERPETRATOR RECOVERY
|611A.08||BARRING PERPETRATORS OF CRIMES FROM RECOVERING FOR INJURIES SUSTAINED DURING CRIMINAL CONDUCT.|
SEX OFFENDER HIV TESTING
|611A.19||TESTING OF SEX OFFENDER FOR HUMAN IMMUNODEFICIENCY VIRUS.|
NOTICE OF RISK OF SEXUALLY TRANSMITTED DISEASE
|611A.20||NOTICE OF RISK OF SEXUALLY TRANSMITTED DISEASE.|
DOMESTIC VIOLENCE AND SEXUAL ASSAULT PREVENTION
|611A.201||DIRECTOR OF PREVENTION OF DOMESTIC VIOLENCE AND SEXUAL ASSAULT.|
|611A.202||MS 2004 Expired|
PROGRAM TO AID VICTIMS OF SEXUAL ATTACKS
|611A.21||DEVELOPMENT OF STATEWIDE PROGRAM; DEFINITION; SERVICES.|
|611A.22||POWERS OF COMMISSIONER.|
|611A.23||Repealed, 1996 c 310 s 1
|611A.24||Repealed, 1985 c 262 s 7
|611A.26||611A.26 POLYGRAPH EXAMINATIONS; CRIMINAL SEXUAL CONDUCT COMPLAINTS; LIMITATIONS.|
|611A.32||BATTERED WOMEN PROGRAMS.|
|611A.33||DUTIES OF COMMISSIONER.|
|611A.34||ADVISORY COUNCIL ON BATTERED WOMEN.|
|611A.345||ADVISORY COUNCIL RECOMMENDATIONS.|
|611A.35||ADVISORY COUNCIL ON BATTERED WOMEN AND DOMESTIC ABUSE PROGRAM DIRECTOR.|
SHELTER FACILITY PER DIEM PAYMENTS
|611A.372||DUTIES OF DIRECTOR.|
|611A.375||MS 2002 Repealed, 2002 c 220 art 7 s 33
CRIME VICTIM CRISIS CENTER
|611A.41||CRIME VICTIM CRISIS CENTER.|
|611A.42||Repealed, 1996 c 310 s 1
|611A.44||Repealed, 1996 c 310 s 1
|611A.46||CLASSIFICATION OF DATA.|
CRIME VICTIMS REPARATIONS
|611A.53||REPARATIONS AWARDS PROHIBITED.|
|611A.54||AMOUNT OF REPARATIONS.|
|611A.55||CRIME VICTIMS REPARATIONS BOARD.|
|611A.56||POWERS AND DUTIES OF THE BOARD.|
|611A.57||DETERMINATION OF CLAIMS.|
|611A.58||ATTORNEYS FEES; LIMITATION FOR REPRESENTATION BEFORE BOARD.|
|611A.59||Repealed, 1987 c 244 s 8
|611A.60||REPARATIONS; HOW PAID.|
|611A.612||CRIME VICTIMS ACCOUNT.|
|611A.63||ENFORCEMENT OF BOARD'S ORDERS.|
|611A.64||DEPARTMENT OF CORRECTIONS; RESTITUTION.|
|611A.65||USE OF RECORD OF CLAIM; EVIDENCE.|
|611A.66||LAW ENFORCEMENT AGENCIES; DUTY TO INFORM VICTIMS OF RIGHT TO FILE CLAIM.|
|611A.67||FRAUDULENT CLAIMS; PENALTY.|
|611A.675||FUND FOR EMERGENCY NEEDS OF CRIME VICTIMS.|
|611A.68||LIMITING COMMERCIAL EXPLOITATION OF CRIMES; PAYMENT OF VICTIMS.|
|611A.70||MS 2004 Expired|
|611A.71||MS 2004 Expired|
CRIME VICTIM OMBUDSMAN ACT
|611A.74||CRIME VICTIM OMBUDSMAN; CREATION.|
|611A.75||Repealed, 1997 c 7 art 2 s 67
VICTIM SERVICES TELEPHONE LINE
|611A.76||CRIME VICTIM SERVICES TELEPHONE LINE.|
|611A.77||MEDIATION PROGRAMS FOR CRIME VICTIMS AND OFFENDERS.|
RESTORATIVE JUSTICE PROGRAMS
|611A.775||RESTORATIVE JUSTICE PROGRAMS.|
CRIME VICTIM SERVICES ROUNDTABLE
|611A.78||CRIME VICTIM SERVICES ROUNDTABLE.|
CIVIL DAMAGES FOR BIAS OFFENSES
|611A.79||CIVIL DAMAGES FOR BIAS OFFENSES.|
ACTIONS INVOLVING COERCION INTO PROSTITUTION
|611A.81||CAUSE OF ACTION FOR COERCION FOR USE IN PROSTITUTION.|
|611A.82||ACTS NOT DEFENSES.|
|611A.84||STATUTE OF LIMITATIONS.|
|611A.85||OTHER REMEDIES PRESERVED.|
|611A.86||DOUBLE RECOVERY PROHIBITED.|
|611A.87||AWARD OF COSTS.|
|611A.88||NO AVOIDANCE OF LIABILITY.|
|611A.90||RELEASE OF VIDEOTAPES OF CHILD ABUSE VICTIMS.|
DEFINITIONS AND GENERAL PROVISIONS
For the purposes of sections
(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
, 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
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
. The term "victim" includes the family members,
guardian, or custodian of a minor, incompetent, incapacitated, or deceased person. In a case where
the prosecutor finds that the number of family members makes it impracticable to accord all of
the family members the rights described in sections
, the prosecutor shall
establish a reasonable procedure to give effect to those rights. The procedure may not limit the
number of victim impact statements submitted to the court under section
. The term
"victim" does not include the person charged with or alleged to have committed the crime.
(c) "Juvenile" has the same meaning as given to the term "child" in section
History: 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; 2005 c 136 art 8 s 22
611A.015 SCOPE OF VICTIMS' RIGHTS.
The rights afforded to crime victims in sections
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
, if committed by an adult.
History: 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
, 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 17
, paragraph (d);
(3) the additional rights of domestic abuse victims as described in section
(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 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.
History: 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; 1999 c 227 s 22
611A.021 NOTICE OF RIGHT TO REQUEST WITHHOLDING OF CERTAIN PUBLIC
A victim has a right under section
13.82, subdivision 17
, clause (d), to request a law
enforcement agency to withhold public access to data revealing the victim's identity.
History: 1990 c 579 s 7; 1999 c 227 s 22
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 at the hearing during which the plea
is presented to the court 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
History: 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; 2003 c 116 s 4
611A.0301 RIGHT TO SUBMIT STATEMENT AT PLEA PRESENTATION HEARING.
A victim has the rights described in section
611A.03, subdivision 1
, paragraph (b), at a
plea presentation hearing.
History: 2003 c 116 s 5
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
609.582, subdivision 1
History: 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
Subdivision 1. Definitions.
(a) "Domestic abuse" has the meaning given in section
(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
(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.
History: 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, a criminal sexual conduct offense, 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, a criminal sexual conduct offense, 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
or a restraining order under section
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
(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
(c) "Family or household member" has the meaning given it in section
(d) "Harassment" means a violation of section
(e) "Criminal sexual conduct offense" means a violation of sections
History: 1988 c 638 s 4; 1990 c 583 s 6; 1993 c 326 art 2 s 26; 2006 c 260 art 3 s 23
611A.033 SPEEDY TRIAL; NOTICE OF SCHEDULE CHANGE.
(a) A victim has the right to request that the prosecutor make a demand under rule
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.
History: 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.
History: 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
(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.
History: 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.
Subdivision 1. Victim or witness.
An employer must allow a victim or witness, who is
subpoenaed or requested by the prosecutor to attend court for the purpose of giving testimony,
reasonable time off from work to attend criminal proceedings related to the victim's case.
Subd. 2. Victim's spouse or immediate family members.
An employer must allow a victim
of a violent crime, as well as the victim's spouse or immediate family members, reasonable time
off from work to attend criminal proceedings related to the victim's case.
Subd. 3. Prohibited acts.
An employer shall not discharge, discipline, threaten, otherwise
discriminate against, or penalize an employee regarding the employee's compensation, terms,
conditions, location, or privileges of employment, because the employee took reasonable time off
from work to attend a criminal proceeding pursuant to this section.
Subd. 4. Verification; confidentiality.
An employee who is absent from the workplace shall
give 48 hours' advance notice to the employer, unless impracticable or an emergency prevents the
employee from doing so. Upon request of the employer, the employee shall provide verification
that supports the employee's reason for being absent from the workplace. All information related
to the employee's leave pursuant to this section shall be kept confidential by the employer.
Subd. 5. Penalty.
An employer who violates this section 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 employee discharged from employment in violation of this section, and to
pay the employee back wages as appropriate.
Subd. 6. Civil action.
In addition to any remedies otherwise provided by law, an employee
injured by a violation of this section may bring a civil action for recovery for damages, together
with costs and disbursements, including reasonable attorneys fees, and may receive such
injunctive and other equitable relief, including reinstatement, as determined by the court.
Subd. 7. Definition.
As used in this section, "violent crime" means a violation or attempt
to violate any of the following: section
(murder in the first degree);
in the second degree);
(murder in the third degree);
(manslaughter in the first
(manslaughter in the second degree);
(criminal vehicular homicide and
(assault in the first degree);
(assault in the second degree);
(assault in the third degree);
(assault in the fourth degree);
of communicable disease);
(female genital mutilation);
(domestic assault by strangulation);
(great bodily harm caused by distribution
(mistreatment of persons confined);
(mistreatment of residents or
(use of drugs to injure
or facilitate crime);
(murder of an unborn child in the
(murder of an unborn child in the second degree);
(murder of an
unborn child in the third degree);
(manslaughter of an unborn child in the first degree);
(manslaughter of an unborn child in the second degree);
(assault of an unborn
child in the first degree);
(assault of an unborn child in the second degree);
(assault of an unborn child in the third degree);
(injury or death of an unborn child in
commission of a crime);
(criminal sexual conduct in the
(criminal sexual conduct in the second degree);
conduct in the third degree);
(criminal sexual conduct in the fourth degree);
(criminal sexual conduct in the fifth degree);
(criminal sexual predatory conduct);
(solicitation of children to engage in sexual conduct);
of a child);
(neglect or endangerment of a child);
609.561, subdivision 1
, (arson in the
first degree; dwelling);
609.582, subdivision 1
, paragraph (a) or (c), (burglary in the first degree;
occupied dwelling or involving an assault); or
609.66, subdivision 1e
, paragraph (b), (drive-by
shooting; firing at or toward a person, or an occupied building or motor vehicle).
History: 1986 c 463 s 9; 1994 c 636 art 7 s 1; 2005 c 136 art 8 s 23; 2007 c 54 art 4 s 5,6
611A.037 PRESENTENCE INVESTIGATION; VICTIM IMPACT; NOTICE.
Subdivision 1. Victim impact statement.
A presentence investigation report prepared under
shall include the following information relating to victims:
(a) a summary of the damages or harm and any other problems generated by the criminal
(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
; (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.
History: 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
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
(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
(d) Nothing in this section shall be construed to extend the defendant's right to address the
court under section
History: 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 AND EXPUNGEMENT.
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 and notice of expungement provisions of section
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 and
notice of expungement. The state court administrator, in consultation with the commissioner of
corrections and the prosecuting authorities, shall prepare a form that outlines the notice of release
and notice of expungement provisions under section
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 or submit a request to the prosecuting authorities to be
informed of an offender's petition for expungement. 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 and notice of expungement information to victims.
History: 1994 c 636 art 7 s 2; 2001 c 209 s 6
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
, and also includes gross misdemeanor violations of section
, and nonfelony
violations of sections
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.
History: 1991 c 170 s 4; 1997 c 239 art 7 s 22
611A.0392 NOTICE TO COMMUNITY CRIME PREVENTION GROUP.
Subdivision 1. Definitions.
(a) As used in this section, the following terms have the
meanings given them.
(b) "Cities of the first class" has the meaning given in section
(c) "Community crime prevention group" means a community group focused on community
safety and crime prevention that:
(1) meets regularly for the purpose of discussing community safety and patrolling community
neighborhoods for criminal activity;
(2) is previously designated by the local law enforcement agency as a community crime
prevention group; and
(3) interacts regularly with the police regarding community safety issues.
Subd. 2. Notice.
(a) A law enforcement agency that is responsible for arresting individuals
who commit crimes within cities of the first class shall make reasonable efforts to disclose certain
information in a timely manner to the designated leader of a community crime prevention group
that has reported criminal activity, excluding petty misdemeanors, to law enforcement. The law
enforcement agency shall make reasonable efforts to disclose information on the final outcome of
the investigation into the criminal activity including, but not limited to, where appropriate, the
decision to arrest or not arrest the person and whether the matter was referred to a prosecuting
authority. If the matter is referred to a prosecuting authority, the law enforcement agency must
notify the prosecuting authority of the community crime prevention group's request for notice
under this subdivision.
(b) A prosecuting authority who is responsible for filing charges against or prosecuting a
person arrested for a criminal offense in cities of the first class shall make reasonable efforts to
disclose certain information in a timely manner to the designated leader of a community crime
prevention group that has reported specific criminal activity to law enforcement. The prosecuting
authority shall make reasonable efforts to disclose information on the final outcome of the
criminal proceeding that resulted from the arrest including, but not limited to, where appropriate,
the decision to dismiss or not file charges against the arrested person.
(c) A community crime prevention group that would like to receive written or Internet
notice under this subdivision must request the law enforcement agency and the prosecuting
authority where the specific alleged criminal conduct occurred to provide notice to the community
crime prevention group leader. The community crime prevention group must provide the law
enforcement agency with the name, address, and telephone number of the community crime
prevention group leader and the preferred method of communication.
History: 1Sp2003 c 2 art 8 s 17
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
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.
History: 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
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
(1) the offender is on probation, committed to the commissioner of corrections, or on
(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
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
(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
. 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
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
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
History: 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
609.115, subdivision 1
, must contain information pertaining to the factors set forth in
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.
History: 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.
History: 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.
History: 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
; 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. 1a. Notice of expungement required.
The prosecuting authority with jurisdiction over
an offense for which expungement is being sought shall make a good faith effort to notify a victim
that the expungement is being sought if: (1) the victim has mailed to the prosecuting authority
with jurisdiction over an offense for which expungement is being sought a written request for this
notice, or (2) the victim has indicated on a request for notice of expungement submitted under
subdivision 1 a desire to be notified in the event the offender seeks an expungement for the offense.
A copy of any written request for a notice of expungement request received by the
commissioner of corrections or other custodial authority shall be forwarded to the prosecutorial
authority with jurisdiction over the offense to which the notice relates. The prosecutorial authority
complies with this section upon mailing a copy of an expungement petition relating to the notice
to the address which the victim has most recently provided in writing.
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
Subd. 5. Definition.
As used in this section, "crime against the person" means a crime
listed in section
History: 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; 2001 c 209 s 7
611A.07 ELECTRONIC MONITORING TO PROTECT DOMESTIC ABUSE VICTIMS;
Subdivision 1. Generally.
The commissioner of corrections, after considering the
recommendations of the Advisory Council on Battered Women and Domestic Abuse 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
History: 1992 c 571 art 6 s 20; 2000 c 445 art 2 s 9
BARRING PERPETRATOR RECOVERY
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
, 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
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
; an adjudication as a delinquent child; or a disposition
as an extended jurisdiction juvenile pursuant to section
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
, 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.
History: 1995 c 226 art 6 s 15; 1999 c 139 art 4 s 2
SEX OFFENDER HIV TESTING
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
(criminal sexual conduct in the first degree),
(criminal sexual conduct in the
(criminal sexual conduct in the third degree),
conduct in the fourth degree), or any other violent crime, as defined in section
, 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
(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
(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
, 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, except in the medical record maintained
by the Department of Corrections.
(c) The order shall include the name and contact information of the victim's choice of
health care provider.
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. Unless the subject of the test is an inmate at a state correctional
facility, 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
. If the
subject of the test is an inmate at a state correctional facility, test results shall be given by the
Department of Corrections' medical director to the victim's health care provider who shall give
the results to the victim or victim's parent or guardian. 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 sections
to 144.298 and destroyed, except
for those medical records maintained by the Department of Corrections.
History: 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; 1999 c 227 s 22; 2000 c 422 s 53,54; 2001 c 202 s 16; 2001 c 210 s 27; 2005 c 136 art 8 s
24; 2007 c 147 art 10 s 15
NOTICE OF RISK OF SEXUALLY TRANSMITTED DISEASE
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
(6) other medically relevant information.
History: 1990 c 436 s 1; 1992 c 569 s 28
DOMESTIC VIOLENCE AND SEXUAL ASSAULT PREVENTION
611A.201 DIRECTOR OF PREVENTION OF DOMESTIC VIOLENCE AND SEXUAL
Subdivision 1. Appointment of director.
The executive director of the center for crime
victim services shall appoint a person to serve as director of domestic violence and sexual
assault prevention in the center. The director must have experience in domestic violence and
sexual assault prevention issues. The director serves at the executive director's pleasure in the
unclassified service. The executive director may appoint, supervise, discipline, and discharge
employees to assist the director in carrying out the director's responsibilities under this section.
Subd. 2. Director's responsibilities.
The director shall have the following duties:
(1) advocate for the rights of victims of domestic violence and sexual assault;
(2) increase public education and visibility about the prevention of domestic violence and
(3) encourage accountability regarding domestic violence and sexual assault at all levels of
the system, and develop recommendations to improve accountability when the system fails;
(4) support prosecution and civil litigation efforts regarding domestic violence and sexual
assault at the federal and state levels;
(5) study issues involving domestic violence and sexual assault as they pertain to both
men and women and present findings and recommendations resulting from these studies to all
branches of government;
(6) initiate policy changes regarding domestic violence and sexual assault at all levels of
(7) coordinate existing resources and promote coordinated and immediate community
responses to better serve victims of domestic violence and sexual assault;
(8) build partnerships among law enforcement, prosecutors, defenders, advocates, and courts
to reduce the occurrence of domestic violence and sexual assault;
(9) encourage and support the efforts of health care providers, mental health experts,
employers, educators, clergy members, and others, in raising awareness of and addressing how to
prevent domestic violence and sexual assault;
(10) coordinate and maximize the use of federal, state, and local resources available to
prevent domestic violence and sexual assault and leverage more resources through grants and
private funding; and
(11) serve as a liaison between the executive director of the center for crime victim services
and the commissioner of health with regard to the Department of Health's sexual violence
prevention program funded by federal block grants, and oversee how this money is spent.
Subd. 3.[Repealed, 2007 c 13 art 2 s 14
Subd. 4. Annual report.
By January 15 of each year, the director shall report to the governor
and the legislature on matters within the director's jurisdiction. In addition to other issues deemed
relevant by the director, the report may include recommendations for changes in policies and laws
relating to domestic violence and sexual assault prevention.
Subd. 5. Other responsibilities.
In addition to those described in this section, the executive
director of the center may assign other appropriate responsibilities to the director.
History: 2000 c 368 s 1; 1Sp2001 c 8 art 10 s 17
MS 2004 [Expired]
PROGRAM TO AID VICTIMS OF SEXUAL ATTACKS
611A.21 DEVELOPMENT OF STATEWIDE PROGRAM; DEFINITION; SERVICES.
Subdivision 1. Program.
The commissioner of corrections shall develop a community based,
statewide program to aid victims of reported sexual attacks.
Subd. 2. Sexual attack.
As used in sections
, a "sexual attack" means
any nonconsensual act of rape, sodomy, or indecent liberties.
Subd. 3. Program services.
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.
History: 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.
History: 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.
History: 1Sp1985 c 4 s 22
611A.26 POLYGRAPH EXAMINATIONS; CRIMINAL SEXUAL CONDUCT
Subdivision 1. Polygraph prohibition.
No law enforcement agency or prosecutor shall
require that a complainant of a criminal sexual conduct offense submit to a polygraph examination
as part of or a condition to proceeding with the investigation, charging, or prosecution of such
Subd. 2. Law enforcement inquiry.
A law enforcement agency or prosecutor may not ask
that a complainant of a criminal sexual conduct offense submit to a polygraph examination as part
of the investigation, charging, or prosecution of such offense unless the complainant has been
referred to, and had the opportunity to exercise the option of consulting with a sexual assault
counselor as defined in section
595.02, subdivision 1
, paragraph (k).
Subd. 3. Informed consent requirement.
At the request of the complainant, a law
enforcement agency may conduct a polygraph examination of the complainant only with the
complainant's written, informed consent as provided in this subdivision.
Subd. 4. Informed consent.
To consent to a polygraph, a complainant must be informed
in writing that:
(1) the taking of the polygraph examination is voluntary and solely at the victim's request;
(2) a law enforcement agency or prosecutor may not ask or require that the complainant
submit to a polygraph examination;
(3) the results of the examination are not admissible in court; and
(4) the complainant's refusal to take a polygraph examination may not be used as a basis by
the law enforcement agency or prosecutor not to investigate, charge, or prosecute the offender.
Subd. 5. Polygraph refusal.
A complainant's refusal to submit to a polygraph examination
shall not prevent the investigation, charging, or prosecution of the offense.
Subd. 6. Definitions.
For the purposes of this section, the following terms have the meanings
(a) "Criminal sexual conduct" means a violation of section
(b) "Complainant" means a person reporting to have been subjected to criminal sexual
(c) "Polygraph examination" means any mechanical or electrical instrument or device of
any type used or allegedly used to examine, test, or question individuals for the purpose of
History: 2007 c 54 art 4 s 7
This section, as added by Laws 2007, chapter 54, article 4, section 7, is effective
July 1, 2008. Laws 2007, chapter 54, article 4, section 7, the effective date.
Subdivision 1. Scope.
For the purposes of sections
, the following terms
have the meanings given.
Subd. 2. Battered woman.
"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.
"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.
"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.
"Commissioner" means the commissioner of the Department of
Corrections or a designee.
History: 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 to battered women and support services to battered women
and domestic abuse victims 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 and domestic abuse victims. 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 to battered women, support
services to domestic abuse victims, 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 for battered women, support
services for domestic abuse victims, 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
(4) evidence of an ability to represent the interests of battered women and domestic abuse
victims 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 to battered women and support services to battered
women and domestic abuse victims 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 or location
of any victim of domestic abuse may be determined is private data on individuals, as defined
13.02, subdivision 12
, and the grantee shall maintain the data in accordance with
the provisions of chapter 13.
History: 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; 2000 c 445 art 2 s 10-13
611A.33 DUTIES OF COMMISSIONER.
The commissioner shall:
(1) review applications for and award grants to a program pursuant to section
, after considering the recommendation of the advisory council;
(2) appoint the members of the advisory council created under section
, 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
(4) design and implement a uniform method of collecting data on domestic abuse victims to
be used to evaluate the programs funded under section
(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
(6) adopt, under chapter 14, all rules necessary to implement the provisions of sections
History: 1977 c 428 s 3; 1978 c 732 s 4; 1983 c 262 art 1 s 6; 1991 c 272 s 11; 2000 c
445 art 2 s 14
611A.34 ADVISORY COUNCIL ON BATTERED WOMEN.
Subdivision 1. Generally.
The commissioner shall appoint a 12-member advisory council to
advise the commissioner on the implementation and continued operation of sections
. The Advisory Council on Battered Women and Domestic Abuse shall also serve as a
liaison between the commissioner and organizations that provide services to battered women and
domestic abuse victims. Section
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
, 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 and domestic abuse victims, including the need for
effective advocacy services. The membership of the council shall broadly represent the interests
of battered women and domestic abuse victims in Minnesota. No more than six of the members
of the Advisory Council on Battered Women and Domestic Abuse may be representatives of
community or governmental organizations that provide services to battered women and domestic
abuse 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. 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 and domestic abuse victims
that are funded under section
, 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 domestic
abuse program director;
(4) advise the commissioner on the rules adopted under chapter 14 pursuant to section
(5) review applications received by the commissioner for grants under section
make recommendations on the awarding of grants;
(6) advise the program director in the performance of duties in the administration and
coordination of the programs funded under section
(7) advise the director of domestic violence and sexual assault prevention in matters related
to preventing these occurrences of these types of violence.
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.
History: 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; 2000 c 368 s 4; 2000
c 445 art 2 s 15-17
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 and domestic abuse victims
funded under section
. Before taking action on matters related to programs and
services for battered women and domestic abuse victims 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.
History: 1991 c 272 s 13; 2000 c 445 art 2 s 18
611A.35 ADVISORY COUNCIL ON BATTERED WOMEN AND DOMESTIC ABUSE
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
, consult with and provide staff to the
advisory council, and perform other duties related to battered women's and domestic abuse
programs as the commissioner may assign. The program director shall serve at the pleasure of
the commissioner in the unclassified service.
History: 1977 c 428 s 5; 1983 c 262 art 1 s 6; 1986 c 444; 1991 c 272 s 14; 2000 c 445
art 2 s 19
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 domestic abuse victims. The method and form of data
collection shall be designed to document the incidence of assault on domestic abuse victims 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 domestic abuse victims 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,
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.
History: 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; 2000 c 445 art 2 s 20,21
SHELTER FACILITY PER DIEM PAYMENTS
Subdivision 1. Scope.
For purposes of sections
, the terms defined
have the meanings given them unless otherwise provided or indicated by the context.
Subd. 2. Director.
"Director" means the director of the Minnesota Center for Crime Victim
Services or a designee.
Subd. 3. Center.
"Center" means the Minnesota Center for Crime Victim Services.
Subd. 4. Shelter facility.
"Shelter facility" means a secure crisis shelter, housing network,
safe home, or other facility operated by a nonprofit organization and designated by the center for
the purpose of providing food, lodging, safety, and 24-hour coverage for battered women and
Subd. 5. Designated shelter facility.
"Designated shelter facility" means a facility that has
applied to, and been approved by, the center to provide shelter and services to battered women
and their children.
Subd. 6.MS 2002 [Repealed, 2002 c 220 art 7 s 33
Subd. 7.MS 2002 [Repealed, 2002 c 220 art 7 s 33
Subd. 8. Battered woman.
"Battered woman" has the meaning given in section
History: 2000 c 445 art 2 s 22
611A.371 PROGRAM OPERATION.
Subdivision 1. Purpose.
The purpose of the grant program is to provide reimbursement in a
timely, efficient manner to local programs for the reasonable and necessary costs of providing
battered women and their children with food, lodging, and safety. Grant funding may not be
used for other purposes.
Subd. 2. Nondiscrimination.
Designated shelter facilities are prohibited from discriminating
against a battered woman or her children on the basis of race, color, creed, religion, national
origin, marital status, status with regard to public assistance, disability, or sexual orientation.
Subd. 3. Data.
Personal history information collected, used, or maintained by a designated
shelter facility from which the identity or location of any battered woman may be determined
is private data on individuals, as defined in section
13.02, subdivision 12
, and the facility shall
maintain the data in accordance with the provisions of chapter 13.
History: 2000 c 445 art 2 s 23; 2002 c 220 art 7 s 16
611A.372 DUTIES OF DIRECTOR.
In addition to any other duties imposed by law, the director, with the approval of the
commissioner of public safety, shall:
(1) supervise the administration of grant payments to designated shelter facilities;
(2) collect data on shelter facilities;
(3) conduct an annual evaluation of the grant program;
(4) report to the governor and the legislature on the need for emergency secure shelter;
(5) develop an application process for shelter facilities to follow in seeking reimbursement
under the grant program; and
(6) adopt rules to implement and administer sections
History: 2000 c 445 art 2 s 24; 2001 c 152 s 1; 2002 c 220 art 7 s 17
Subdivision 1. Payment.
Payments to designated shelter facilities must be in the form of
a grant. Designated shelter facilities may submit requests for payment monthly based on their
expenses. The process for the submission of payments and for the submission of requests may be
established by the director. Upon approval of the request for payment by the center, payments
shall be made directly to designated shelter facilities from grant funds on behalf of women and
their children who reside in the shelter facility. Payments made to a designated shelter facility
must not exceed the grant amount for that facility unless approved by the director. These payments
must not affect the eligibility of individuals who reside in shelter facilities for public assistance
benefits, except when required by federal law or regulation.
Subd. 2. Reserve grant amount.
The center shall calculate the grant amount for each
designated shelter facility. This calculation may be based upon program type, average occupancy
rates, and licensed capacity limits. The total of all grant amounts shall not exceed the legislative
Subd. 3. Accountability.
Shelter facilities must comply with reporting requirements and
any other measures imposed by the Minnesota Center for Crime Victim Services to improve
accountability and program outcomes including, but not limited to, information on all restricted or
unrestricted fund balances.
History: 2000 c 445 art 2 s 25; 2002 c 220 art 7 s 18
CRIME VICTIM CRISIS CENTER
611A.41 CRIME VICTIM CRISIS CENTER.
Subdivision 1. Center.
For the purposes of sections
, "center" means a
crime victim crisis center providing services to victims of crime.
Subd. 2. Operational centers.
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.
History: 1977 c 314 s 1; 1983 c 262 art 1 s 6
The centers shall:
(a) provide direct crisis intervention to crime victims;
(b) provide transportation for crime victims to assist them in obtaining necessary emergency
(c) investigate the availability of insurance or other financial resources available to the
(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
(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; and
(j) provide other appropriate services.
History: 1977 c 314 s 3; 1983 c 262 art 1 s 6; 2000 c 260 s 82
611A.46 CLASSIFICATION OF DATA.
(a) Personal history information and other information collected, used, and maintained by
a Minnesota Center for Crime Victim Services grantee from which the identity and location of
any crime victim may be determined are private data on individuals as defined in section
, and the grantee shall maintain the data in accordance with the provisions of
(b) Personal history data and other information collected, used, and maintained by the
Minnesota Center for Crime Victim Services from which the identity and location of any victim
may be determined are private data on individuals as defined in section
13.02, subdivision 12
(c) Internal auditing data shall be classified as provided by section
History: 2001 c 202 s 17
CRIME VICTIMS REPARATIONS
Subdivision 1. Terms.
For the purposes of sections
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
Subd. 3. Board.
"Board" means the crime victims reparations board established by section
Subd. 4. Claimant.
"Claimant" means a person entitled to apply for reparations pursuant to
Subd. 5. Collateral source.
"Collateral source" means a source of benefits or advantages
for economic loss otherwise reparable under sections
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
(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
(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
(2) injury or death caused by a driver in violation of section
169.09, subdivision 1
(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
(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
, or exempted from licensing requirements pursuant to section
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
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
Subd. 10. Victim.
"Victim" means a person who suffers personal injury or death as a direct
(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.
History: 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; 2000 c 478 art 2 s 7
611A.53 REPARATIONS AWARDS PROHIBITED.
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
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, United States possession,
country, or political subdivision of a country 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. Limitations on awards.
No reparations shall be awarded to a claimant otherwise
(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
, (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
History: 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; 2005 c 136 art 8 s 25
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.
History: 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. Creation of board.
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. 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
Subd. 2. Membership, terms and compensation.
The membership terms, compensation,
removal of members, and filling of vacancies on the board shall be as provided in section
Subd. 3. Part-time service.
Members of the board shall serve part time.
History: 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; 2007 c 13 art 1 s 17,18
611A.56 POWERS AND DUTIES OF THE BOARD.
Subdivision 1. Duties.
In addition to carrying out any duties specified elsewhere in sections
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
, 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
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
(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.
History: 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
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
; provided that the board may forward any reparations claim forms, supporting
documents, and reports to local law enforcement authorities for purposes of implementing section
History: 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
The board may limit the fee charged by any attorney for representing a claimant before
History: 1975 c 246 s 2; 1983 c 262 art 1 s 6
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.
History: 1974 c 463 s 9; 1983 c 262 art 1 s 6
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
History: 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
, paid to the Crime Victims Reparations Board under
611A.04, subdivision 1a
, or amounts deposited by the court under section
, 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
History: 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
in which that condition is an issue. Nothing contained in this section shall be
interpreted to abridge the attorney-client privilege.
History: 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.
History: 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.
History: 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.
History: 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
. 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
. All data released to the board retains the data
classification that it had in the possession of the law enforcement agency.
History: 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.675 FUND FOR EMERGENCY NEEDS OF CRIME VICTIMS.
Subdivision 1. Grants authorized.
The commissioner of public safety 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
(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;
(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; and
(6) reimbursement of towing and storage fees incurred due to impoundment of a recovered
Subd. 2. Application for grants.
(a) A city or county attorney's office or victim assistance
program may apply to the commissioner of public safety for a grant for any of the purposes
described in subdivision 1 or for any other emergency assistance purpose approved by the
commissioner. The application must be on forms and pursuant to procedures developed by the
commissioner. 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 commissioner.
(b) A city or county attorney's office or victim assistance program that applies for a grant for
the purpose described in subdivision 1, clause (6), must make the application on a separate form
and pursuant to procedures developed by the commissioner. The application must estimate the
amount of money required for reimbursement costs, estimate the amount of money required for
administrative costs, and include any other information deemed necessary by the commissioner.
An applicant may not spend in any fiscal year more than five percent of the grant awarded for
Subd. 2a. Awards; limitations.
(a) No award may be granted under subdivision 1, clause
(6), to a victim that fails to provide proof of insurance stating that security had been provided for
the vehicle at the time the vehicle was stolen. As used in this paragraph, "proof of insurance" has
the meaning given it in section
1, paragraph (g).
(b) An award paid to a victim under subdivision 1, clause (6), shall compensate the victim
for actual costs incurred but shall not exceed $300.
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 commissioner of public safety 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.
By February 1, 2008, the commissioner of public safety shall
report to the chairs and ranking members of the senate and house committees and divisions
having jurisdiction over criminal justice policy and funding on the implementation, use, and
administration of the grant programs created under this section.
History: 1995 c 226 art 7 s 14; 1997 c 239 art 7 s 31; 2007 c 54 art 4 s 8-12
611A.68 LIMITING COMMERCIAL EXPLOITATION OF CRIMES; PAYMENT OF
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
(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
, 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
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
, but for the $50,000 maximum limit contained in section
(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
. 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
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 this money 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 money in state treasury.
All money 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
. 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.
History: 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
MS 2004 [Expired]
MS 2004 [Expired]
CRIME VICTIM OMBUDSMAN ACT
Subdivision 1. Definitions.
The definitions in this section apply to this section and section
Subd. 2. Appropriate authority.
"Appropriate authority" includes anyone who is the subject
of a complaint under sections
to the commissioner 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
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.
Subd. 6. Commissioner.
"Commissioner" means the commissioner of public safety.
History: 1Sp1985 c 4 s 19; 1995 c 226 art 7 s 16; 2002 c 220 art 7 s 20,21
611A.74 CRIME VICTIM OMBUDSMAN; CREATION.
Subdivision 1. Authority under this act.
The commissioner shall have the authority under
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.[Repealed, 2002 c 220 art 7 s 33
Subd. 2. Duties.
The commissioner 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 commissioner shall act as a liaison, when the commissioner
deems necessary, between agencies, either in the criminal justice system or in victim assistance
programs, and victims and witnesses. The commissioner may be concerned with activities that
strengthen procedures and practices which lessen the risk that objectionable administrative acts
will occur. The commissioner must answer questions concerning the criminal justice system
and victim services put to the commissioner by victims and witnesses in accordance with the
commissioner's knowledge of the facts or law, unless the information is otherwise restricted. The
commissioner 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 commissioner.
The commissioner's files are confidential data as defined in section
, 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 commissioner has those powers necessary to carry out the duties
set out in subdivision 2, including:
(a) The commissioner 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 commissioner may request and shall be given access to information and assistance
the commissioner considers necessary for the discharge of responsibilities. The commissioner
may inspect, examine, and be provided copies of records and documents of all elements of the
criminal justice system and victim assistance programs. The commissioner may request and shall
be given access to police reports pertaining to juveniles and juvenile delinquency petitions,
. Any information received by the commissioner
retains its data classification under chapter 13 while in the commissioner's possession. Juvenile
records obtained under this subdivision may not be released to any person.
(c) The commissioner 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
, may determine the form, frequency,
and distribution of commissioner conclusions, recommendations, and proposals.
(d) After completing investigation of a complaint, the commissioner 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 commissioner'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 commissioner shall consult with that agency or person.
Subd. 4. No compelled testimony.
Neither the commissioner nor any member of the
commissioner'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 under
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 commissioner deems pertinent, the commissioner may
recommend action to the appropriate authority.
(b) If the commissioner 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
commissioner about the action taken or the reasons for not complying with the recommendation.
(c) The commissioner 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 commissioner shall
include any statement the administrative agency may have made to the commissioner by way of
explaining its past difficulties or its present rejection of the commissioner's proposals.
Subd. 6. Reports.
In addition to whatever reports the commissioner may make from time to
time, the commissioner shall biennially report to the legislature and to the governor concerning
the exercise of the commissioner's functions under sections
preceding biennium. The biennial report is due on or before the beginning of the legislative
session following the end of the biennium.
History: 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;
1Sp2001 c 8 art 5 s 14; 2002 c 220 art 7 s 22-27
VICTIM SERVICES TELEPHONE LINE
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
History: 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
(3) to expand the opportunities for crime victims to be involved in the criminal justice
(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.
History: 1992 c 571 art 5 s 10; 1994 c 576 s 54; 1999 c 216 art 6 s 18
RESTORATIVE JUSTICE PROGRAMS
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
(3) assign an appropriate sanction to the offender; and
(4) provide methods for reintegrating the offender into community life.
History: 1998 c 367 art 2 s 25
CRIME VICTIM SERVICES ROUNDTABLE
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;
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
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.
History: 1996 c 408 art 7 s 11; 1Sp2003 c 9 art 2 s 47
CIVIL DAMAGES FOR BIAS OFFENSES
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
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
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.
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.
History: 1996 c 468 s 1
ACTIONS INVOLVING COERCION INTO PROSTITUTION
Subdivision 1. General.
The definitions in this section apply to sections
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;
(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;
(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
History: 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
(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
, personal injury, disease, and
mental and emotional harm, including medical, rehabilitation, and burial expenses; and pain
and suffering, including physical impairment.
History: 1994 c 624 s 2
611A.82 ACTS NOT DEFENSES.
None of the following shall alone or jointly be a sufficient defense to an action under section
(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
(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
History: 1994 c 624 s 3
Subdivision 1. Use in other proceedings.
In the course of litigation under section
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
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.
History: 1994 c 624 s 4
611A.84 STATUTE OF LIMITATIONS.
An action for damages under section
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
continues, or as otherwise provided by
History: 1994 c 624 s 5
611A.85 OTHER REMEDIES PRESERVED.
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
limit or restrict the liability of any person
under other law.
History: 1994 c 624 s 6
611A.86 DOUBLE RECOVERY PROHIBITED.
A person who recovers damages under sections
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
History: 1994 c 624 s 7
611A.87 AWARD OF COSTS.
Upon motion of a prevailing party in an action under sections
, the court
may award costs, disbursements, and reasonable attorney fees and witness fees to the party.
History: 1994 c 624 s 8
611A.88 NO AVOIDANCE OF LIABILITY.
No person may avoid liability under sections
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.
History: 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
, or a patient,
as defined in sections
to 144.298, 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.
History: 1995 c 259 art 4 s 6; 2007 c 147 art 10 s 15