LAWS of MINNESOTA for 1992 - MN Revisor's Office

1983 ' LAWS of MINNESOTA for 1992 Ch. 571

Subd. _6_. JUDICIAL AND ADMINISTRATIVE REVIEW; ENFORCE- MENT. Judicial and administrative review _o_f sanctions imposed under E §e_c_- @ i_s governed by section 86B.335, subdivisions 1, 3, and ; Payment E enforcement 9_i_‘ gig gyi_1 penalty imposed under tbi_s_ section i_s governed by s_e_<g ti_o_n 86B.335, subdivisions 1_l_ §_r_1_<_1 1_.2.

Sec. 3. EFFECTIVE DATE. Sections 1 and _2_ a_r*e effective August I; 1992, _a_n_<1 apply t_g crimes commit-

rig _o_n 9; after mat date.

Presented to the governor April 17, 1992

Signed by the governor April 29, 1992, 8:20 a.m.

CHAPTER 571-—H.F.No. 1849

An act relating to crime; antiviolence education, prevention and treatment; increasing penalties for repeat sex offenders; providing for life imprisonment for certain repeat sex oflenders; providing for life imprisonment without parole for certain persons convicted offirst degree murder; increasing penalties for other violent crimes and crimes committed against children; increasing penalty for second degree assault resulting in substantial bodily harm; removing the limit on consecutive sentences for felonies; increasing supervision of sex ofl'ena’- ers; requiring review of sex oflenders for psychopathic personality commitment before prison release; providing a fund for sex oflender treatment; eliminating the “good time" reduction in prison sentences; allowing the extension of prison terms for disciplinary violations in prison; authorizing the commissioner of corrections to establish a challenge incarceration program; authorizing the imposition of fees for local correctional services on offenders; requiring the imposition of minimum fines on convicted oflenders; expanding certain crime victim rights; providing programs for victim-ofiender mediation; enhancing protection of domestic abuse victims; requiring city and county attorneys to adopt a domestic abuse prosecution plan; creating a civil cause of action for minors used in a sexual performance; providing for a variety of antiviolence education, prevention, and treatment programs; requiring training of peace ofiicers regarding crimes of violence and sensitivity to victims; creating an advisory task force on the juvenile justice system; providing for chemical dependency treatment for children, high-risk youth, and pregnant women, and women with children; providing for violence prevention training and campus safety and security; appropriating money; amending Minnesota Statutes 1990, sections 8.01; 121.882, by adding a subdivision; 127.46; 135/1.15; 169. 791; 169. 792; 169.793; 169.796; 171.07, subdivision Ia; 171.19; 241.021, by adding a subdivision; 241.67, subdivisions 1, 2, 3, 6, and by adding a subdivision; 242.195, subdivision 1; 243.53; 244.01, subdivision 8; 244.03; 244.04, subdivisions 1 and 3; 244.05, subdivisions 1, 3, 4,. 5,

and by adding subdivisions; 245.4871, by adding a subdivision; 253B.18, subdivision 2;

254A.14, by adding a subdivision; 254/1.1 7, subdivision 1, and by adding a subdivision; 259.11; 260.125, subdivision 3a; 260.151, subdivision 1; 260.155, subdivision 1, and by adding a subdivision; 260.161, subdivision 1, and by adding a subdivision; 260.172, subdivi-

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Copyright © 1992 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved.

Ch. 571 LAWS of MINNESOTA for 1992 1984

sion 1; 260.181, by adding a subdivision; 260.185,‘ subdivisions 1, 4, and by adding a subdivision; 260.311, by adding a subdivision; 270A.03, subdivision 5; 401.02, subdivision 4; 485.018, subdivision 5; 518B.0I, subdivisions 7, I3, and by adding subdivisions; 526.10; 546.27, subdivision 1; 595.02, subdivision 4; 609.02, by adding a subdivision; 609.055; 609.10; 609.101, by adding a subdivision; 609.125; 609.135, subdivision 5, and by adding a .

subdivision; 609.1351; 609.1352, subdivisions 1 and 5; 609.15, subdivision 2; 609.152, subdivisions 2 and 3; 609.184, subdivisions 1 and 2,’ 609.185,‘ 609.19; 609.222; 609.223], by adding a subdivision; 609.224, subdivision 2; 609.322,‘ 609.323; 609.342; 609.343; 609.344, subdivisions 1 and 3; 609.345, subdivisions 1 and 3; 609.346, subdivisions 2, 2a, and by adding subdivisions; 609.3471; 609.378, subdivision 1; 609. 746, subdivision 2; 609. 748, subdivision 5; 611.271; 611A.03, subdivision 1; 611A.0311, subdivisions 2 and 3; 611A.034; 611A.04, subdivisions 1 and 1a; 611/1.52, subdivision 6; 624.7131, subdivisions 1 and 6; 624. 7132, subdivision 1; 624.714, subdivisions 3 and 7; 626.5531, subdivision 1; 626.843, subdivision 1; 626.8451; 626.8465, subdivision 1; 629. 72, by adding a subdivision; 630.36, subdivision 1, and by adding a subdivision; and 631.035; Minnesota Statutes 1991 Supplement, sections 8.15; 121.882, subdivision 2; 124A.29, subdivision 1, as amended; 126.70, subdivisions 1, as amended, and 2a; 168.041, subdivision 4; 169.795; 171.29, subdivision 1; 171.30, subdivision 1; 244.05, subdivision 6; 244.12, subdivision 3; 245.484; 245.4884, subdivision 1; 260.161, subdivision 3; 299A.30; 299A.3I, subdivision 1; 299/1.32, subdivisions 2 and 2a; 299A.36; 357.021, subdivision 2; 481.10; 5 18B.01, subdivisions 3a, 4, 6, and 14; 609. 101, subdivision 1; 609.135, subdivision 2; 609. 748, subdivisions 3 and 4; and 611/1.32, subdivision 1; Laws 1991, chapter 232, section 5; proposing coding for new law in Minnesota Statutes, chapters 126; 145,‘ 145A,‘ 169,’ 241; 244; 256; 256F,' 260; 299A; 299C’; 480; 526; 609,‘ 611A; 617; 624; and 629; repealing Minnesota Statutes 1990, sections 65B.67; 65B. 68; 65B.69; and 169.792, subdivision 9; Minnesota Statutes 1991 Supplement, section 168.041, subdivision Ia.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

SEX OFFENDERS

Section 1. Minnesota Statutes 1990, section 241.67, subdivision 3, is amended to read:

Subd. 3. PROGRAMS FOR ADULT OFFENDERS COMMITTED TO THE COMMISSIONER. (a) The commissioner shall provide for a range of sex offender treatment programs, including intensive sex offender treat-meat Lo- gram , within the state adult correctional facility system. Participation in any treatment program is voluntary and is subject to the rules and regulations of the department of corrections. Nothing in this section requires the commissioner to accept or retain an offender in a treatment program figig offender i_s determined Qy prison professionals as unamenable t_o programming within t_l§ prison system QI_‘ if th_e offender refuses 9; _f@ t_o_ comply @ th_e program’s reguirements. Nothing in this section creates a right of an offender to treatment.

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1985 LAWS of MINNESOTA for 1992 Ch. 571, Art. 1

(b) The commissioner shall provide for residential and outpatient sex offender treat-meat programming and aftercare when required for conditional release under section 609.1352 or as a condition of supervised release.

Sec. 2. Minnesota Statutes 1990, section 241.67, subdivision 6, is amended to read:

Subd. 6. SPECIALIZED CORRECTIONS AGENTS AND PROBATION OFFICERS; SEX OFFENDER SUPERVISION. By January 4-, -1-999; The commissioner of corrections shall develop in-service training for state and local corrections agents and probation officers who supervise adult and juvenile sex offenders on probation or supervised release. The commissioner shall make the training available to all current and future corrections agents and probation officers who supervise or will supervise sex offenders on probation or supervised release.

After January -1-, -l-99-l-; A state or local corrections agent or probation officer may not supervise adult or juvenile sex offenders on probation or supervised release unless the agent or officer has completed the in-service sex offender supervision training. The commissioner may waive this requirement if the corrections agent or probation officer has completed equivalent training as part of a post-secondary educational curriculum.

After January ~l—, -l-99-l-, When an adult sex offender is placed on supervised release or is sentenced to probationary supervision, and when a juvenile offender is found delinquent by the juvenile court for a sex offense and placed on probation or is paroled from a juvenile correctional facility, a corrections agent or probation officer may not be assigned’ to the offender unless the agent or ofiicer has completed the in-_service seig offender supervision training.

Sec. 3. Minnesota Statutes 1990, section 244.05, is amended by adding a subdivision to read: 5

Subd. _la_. RELEASE ON CERTAIN DAYS. Notwithstanding t_h_e amount 9_f ggfl 1i_rr_1_e_ earned by an inmate whose crime E committed before August _I_, 1992, _i_f mg inmate’s scheduled release date occurs Q a Friday, Saturday,1 Qy, g holiday, 15 inmate’s supervised release term s»li_a1_l begin o_n me last gy before t_l§ inmate’s scheduled release _d_at_e gig i_s n_ot _a Friday, Saturday, S_ug Qy, g holiday. E9; Q inmate whose crime lag committed 9_r_1 _9_1; after August l, 1992, i_f the inmate’s scheduled release g1gt_e occurs _Ql’_l a_ Friday, Saturday, Sug gay, gt; holiday, tfi inmate’s supervised release term _s_lla_ll begin Q _t_l1§ _fir_st Qy

ghg inmate’s scheduled release _c_la_toe gag i_s not Q Friday, Saturday, Sunday, 9; holiday.


Subd. 3. SANCTIONS FOR VIOLATION. If an inmate violates the conditions of the _inmate’s supervised release imposed by the commissioner, the commissioner may:

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Ch. 571, Art. 1 LAWS of MINNESOTA for 1992 1986

(1) continue the inmate’s supervised release term, with or without modify- ing or enlarging the conditions imposed on the inmate; or

(2) revoke the inmate’s supervised release and reimprison the inmate for the appropriate period of time.

The period of time for which a supervised release may be revoked may not exceed the period of time ‘remaining in the inmate’s sentence, except that fer g‘ a sex offender i_s_ sentenced and conditionally released under section 609.1352, subdivision 5, the period of time for which conditional release may be revoked may not exceed the balance of the eriginai sentenee imposed less geeel time ea-med under seet-ien 2-44:94-, -1- conditional release t_e_rm.


Subd. 4. MINIMUM IMPRISONMENT, LIFE SENTENCE. An inmate serving a mandatory life sentence under section 609.184 must not be given supervised release under this section. An inmate serving a mandatory life sentence fer ee-nviet-ion ef murder in the first degree under section 609.185, clause Q), Q), (3), (5), g (fix Q 609.346, subdivision 2_a, must not be given supervised release under this section without having served a minimum term of 30 years. An inmate serving a mandatory life sentence under section 609.385 must not be given supervised release under this section without having served a minimum term of imprisonment of 17 years.

Sec. 6. Minnesota Statutes 1990, section 244.05, subdivision 5, is amended to read: -

Subd. 5. SUPERVISED RELEASE, LIFE SENTENCE. The commissioner of corrections may, under rules promulgated by the commissioner, give supervised release to an inmate serving a mandatory life sentence under section 609.185, clause (_1_), Q), (4), (5), g (6);, 609.346,.subdivision E or 609.385 after the inmate has served the minimum term of imprisonment specified in subdivision 4. ‘ ‘ I ‘

Sec. 7. Minnesota Statutes 1991 Supplement, section 244.05, subdivision 6, is amended to read: ‘

Subd. 6. INTENSIVE SUPERVISED RELEASE. The commissioner may order that an inmate be. placed on intensive supervised release for all or part of the inmate’s supervised release or parole term if the commissioner determines that the action will further the goals described in section 244.14, subdivision 1, clauses (2), (3), and (4). In addition, tl1_e commissioner E order t_lgt Q inmate be placed gn intensive supervised release £o_r a_l_1 o_f jug inmate’s conditional o_r supervised release term if Qg inmate w_a§ convicted o_f g _s_e:_g offense under $0; Qo_1§ 609.342 t_o 609.345 g w_as sentenced under the provisions o_f section 609.1352. The commissioner may impose appropriate conditions of release on the inmate including but not limited to unannounced searches of the inmate’s

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person, vehicle, or premises by an intensive supervision agent; compliance with court-ordered restitution, if any; random drug testing; house arrest; daily cur- fews; frequent face-to-face contacts with an assigned intensive supervision agent; work, education, or treatment requirements; and electronic surveillance. I_n flc_1_i_- ti_o1;:_, a_ny sir; offender placed pp intensive supervised release _rr_1py l_3e_ ordered _t_o_ participate _ip a_r; appropriate E offender program g_s_ _§ condition o_f release. If the inmate violates the conditions of the intensive supervised release, the commissioner shall impose sanctions as provided in subdivision 3 _an_d section 609.1352.

Sec. 8. Minnesota Statutes 1991 Supplement, section 244.12, subdivision 3, is amended to read:

Subd. 3. OFFENDERS NOT ELIGIBLE. The following are not eligible to be placed on intensive community supervision, under subdivision 2, clause (2):

(1) offenders who were committed to the commissioner’s custody under a statutory mandatory minimum sentence;

(2) offenders who were committed to the commissioner’s custody following a conviction for murder, manslaughter, criminal sexual conduct in the first or seeenel degree, or criminal vehicular homicide or operation resulting in death; and

(3) offenders whose presence in the community would present a danger to public safety.

Sec. 9. Minnesota Statutes 1990, section 260.185, subdivision 1, is

amended to read:

Subdivision 1. If the court finds that the child is delinquent, it shall enter an order making any of the following dispositions of the case which are deemed necessary to the rehabilitation of the child:

(a) Counsel the child or the parents, guardian, or custodian;

(b) Place the child under the supervision of a probation officer or other suitable person in the child’s own home under conditions prescribed by the court including reasonable rules for the child’s conduct and the conduct of the child’s parents, guardian, or custodian, designed for the physical, mental, and moral well-being and behavior of the child, or with the consent of the commissioner of corrections, in a group foster care facility which is under the management and supervision of said commissioner;

(0) Subject to the supervision of the court, transfer legal custody of the child to one of the following:

,

(1) a child placing agency; or

(2) the county welfare board; or




(3) a reputable individual, of good moral character. No person may receive custody of two or more unrelated children unless licensed as a residential facility pursuant to sections 245A.Ol to 245A.16; or

(4) a county home school, if the county maintains a home school or enters into an agreement with a county home school; or

(5) a county probation officer for placement in a group foster home established under the direction of the juvenile court and licensed pursuant to section 241.021;

(d) Transfer legal custody by commitment to the commissioner of corrections;

(e) If the child is found to have violated a state or local law or ordinance which has resulted in damage to the person or property of another, the court may order the child to make reasonable restitution for such damage;

(0 Require the child to pay a fine of up to $700; the court shall order payment of the fine in accordance with a time payment schedule which shall not impose an undue financial hardship on the child;

(g) If the child is in need of special treatment and care for reasons of physical or mental health, the court may order the child’s parent, guardian, or custodian to provide it. If the parent, guardian, or custodian fails to provide this treatment or care, the court may order it provided;

(h) If the court believes that it is in the best interests of the child and of public safety that the driver’s license of the child be canceled until the child’s 18th birthday, the court may recommend to the commissioner of public safety the cancellation of the child’s license for any period up to the child’s 18th birthday, and the commissioner is hereby authorized to cancel such license without a hearing. At any time before the termination of the period of cancellation, the court may, for good cause, recommend to the commissioner of public safety that the child be authorized to apply for a new license, and the commissioner may so authorize.

If the child is petitioned and found by the court to have committed or attempted to commit an act in violation of section 609342;; 609343;; 609.344; of; 609345;; 609.3451‘ 609.746, subdivision _l_; 609.79; 9; 617.23, g another offense arising g_u_t _o_f a_1 delinguency petition based on o_ne g _r_n_9§-”:_ 91' grog s_e(_:; tions, the court shall order an independent professional assessment of the child’s need for sex offender treatment. An assessor providing an assessment for the court may not have any direct or shared financial interest or referral relationship resulting in shared financial gain with a treatment provider. If the assessment indicates that the child is in need of and amenable -to sex offender treatment, the court shall include in its disposition order a requirement that the child undergo treatment. Notwithstanding section 13.42, 13.85, 144.335, 260.161, o_r 626.556, t_1§ assessor h_z§ access to t_h§ following private g confidential 5% Q t_l_1g $1; 3' access i_s relevant and necessary for tl1_e assessment:

1

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Q) medical data under section 13.42;.

(2) corrections a_n_g detention gig under section 13.85;

Q) health records under section 144.335;

(4) jy_v_gr_1E court records under section 260.161; gig

Q) local welfare agepgy records under section 626.556.

Data disclosed under _t11_i§ paragraph may _L used only Q purposes o_f th_e_ assessment gig may pg be further disclosed t_o any other person, except § authorized by 1a1_vv_,

if t_h_§ gh_il_q is found delinguent dug ’_t_q L13 commission o_f an offenseE would be _a felony i_f committed by ap aduh, the court §Ql_l make a specific find- mg gr_1 mg record regarding th_e iuvenile’s mental health _and chemical dependency treatment needs.

Any order for a disposition authorized under this section shall contain written findings of fact to support the disposition ordered, and shall also set forth in writing the following information:

(a) why the best interests of the child are served by the disposition ordered; and

(b) what alternative dispositions were considered by the court and why such dispositions were not appropriate in the instant case.

See. 10. Minnesota Statutes 1991 Supplement, section 609.135, subdivision 2, is amended to read:

Subd. 2. (a) If the conviction is for a felony the stay shall be for not more than three years or the maximum period for which the sentence of imprisonment might have been imposed, whichever is longer.

(b) If the conviction is for a gross misdemeanor the stay shall be for not more than two years.

(c) If the conviction is for any misdemeanor under section 169.121 ;

609.746, subdivision _l_; 609.79; Q 617.23‘, or for a misdemeanor under section 609.224, subdivision 1, in which the victim of the crime was a family or household member as defined in section 5l8B.01, the stay shall be for not more than two years. The court shall provide for unsupervised probation for the second year of the stay unless the court finds that the defendant needs supervised probation for all or part of the second year.

((1) If the conviction is for a misdemeanor not specified in paragraph (c), the stay shall be for not more than one year.

(c) The defendant shall be discharged when the stay expires, unless the stay

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has been revoked or extended under paragraph (f), or the defendant has already been discharged. A

(f) Notwithstanding the maximum periods specified for stays of sentences under paragraphs (a) to (e), a court may extend a defendant’s term of probation for up to one year if it finds, at a hearing conducted under subdivision la, that:

(1) the defendant has not paid court-ordered restitution in accordance with the payment schedule or structure; and

(2) the defendant is likely to not pay the restitution the defendant owes before the term of probation expires.

This one-year extension of probation for failure to pay restitution may be extended by the court for up to one additional year if the court finds, at another hearing conducted under subdivision la, that the defendant still has not paid the court-ordered restitution that the defendant owes.

Sec. 11. Minnesota Statutes 1990, section 609.1352, subdivision 1, is amended to read: '

Subdivision 1. SENTENCING AUTHORITY. A court may gall sentence a person to a term of imprisonment of not less than double the presumptive sentence under the sentencing guidelines and not more than the statutory maximum, or if the statutory maximum is less than double the presumptive sentence, to a term of imprisonment equal to the statutory maximum, if:

(1) the court is imposing an executed sentence, based on a sentencing guidelines presumptive imprisonment sentence or a dispositional departure for aggravating circumstances or a mandatory minimum sentence, on a person convicted of committing or attempting to commit a violation of section 609.342, 609.343, 609.344, or 609.345, or on a person convicted of committing or attempting to commit any other crime listed in subdivision 2 if it reasonably appears to the court that the crime was motivated by the offender’s sexual impulses or was part of a predatory pattern of behavior that had criminal sexual conduct as its goal;

(2) the court finds that the offender is a danger to public safety; and

(3) the court finds that the offender needs long-term treatment or supervision beyond the presumptive term of imprisonment and supervised release. The finding must be based on a professional assessment by an examiner experienced in evaluating sex offenders that concludes that the offender is a patterned sex offender. The assessment must contain the facts upon which the conclusion is based, with reference to the offense history of the offender or the severity of the current offense, the social history of the offender, and the results of an examination of the offender’s mental status unless jg offender refuses t_o l_)§_ examined. The conclusion may not be based on testing alone. A patterned sex offender is one whose criminal sexual behavior is so engrained that the risk of reoffending is great without intensive psychotherapeutic intervention or other long-term controls.

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amended to read:

Subd. 5. CONDITIONAL RELEASE. At the time of sentencing under subdivision 1, the court may shalt provide that after the offender has completed one-halt‘ of the full preneuneed sentence imposed, without regard to 1§s_s a_ny good time earned h_y ah offender whose crime was committed before August t, _1_9_9_§_, the commissioner of corrections may _s_hLll place the offender on conditional release for the remainder of the statutory maximum period or for ten years, whichever is longer; if the eemmissiener finds theta

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nity.

The conditions of release must fly include successful completion of treatment and aftercare in a program approved by the commissioner, satisfaction gt‘ ‘ch_e release conditions specified ht section 244.05, subdivision Q and any other conditions the commissioner considers appropriate. Before the offender is

released, the commissioner shall notify the sentencing court, the prosecutor in the jurisdiction where the offender was sentenced and the victim of the offender’s crime, where available, of the terms of the offender’s conditional release.-

Releasemayberevekeéendthestayedsenteneeexeeuteéiniteentiretyless good time If the offender fails to meet any condition of release, the commissioner may revoke tfi offender’s conditional release gig order gm tfi offender §e_r_\Le the tefltining portion _o_f thg conditional release term i_n_ prison. The commissioner shall not dismiss the offender from supervision before the sentenee conditional release t_e_g_rr_1. expires.

Conditional release granted under this subdivision is governed by provisions relating to supervised release, except as otherwise provided in this subdivision, section 244.04, subdivision 1, or 244.05.


amended to read:

Subd. 2. LIFE WITHOUT RELEASE. The court shall sentence a person to life imprisonment without possibility of release when under the followingQ cumstances:

Q) the person is convicted of first degree murder under section 609.185, clause Q); or

(2) _t_l§ person i_s convicted g_f h_r_g degree murder under section 609.185,




clause Q), Q), (3), Q), 9;‘ (QL and the court determines Q t_l1e_ record a_t th_e time gf sentencing that tl1_e person has one or more previous convictions for a heinous crime.

Sec. 1-4. Minnesota Statutes 1990, section 609.342, is amended to read: 609.342 CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE. Subdivision 1. CRIME DEFINED. A person who engages in sexual pene-

tration with another person is guilty of criminal sexual conduct in the first degree if any of the following circumstances exists:

(a) the complainant is under 13 years of age and the actor is more than 36 months older than the complainant. Neither mistake as to the complainant’s age nor consent to the act by the complainant is a defense;

(b) the complainant is at least 13 but less than 16 years of age and the actor is more than 48 months older than the complainant and in a position of authority over the complainant, and uses this authority to cause the complainant to submit. Neither mistake as to the complainant’s age not consent to the act by the complainant is a defense;

(0) circumstances existing at the time of the act cause the complainant to have a reasonable fear of imminent great bodily harm to the complainant or another;

((1) the actor is armed with a dangerous weapon or any article used or fashioned in a manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses or threatens to use the weapon or article to cause the complainant to submit;

(e) the actor causes personal injury to the complainant, and either of the following circumstances exist:

(i) the actor uses force or coercion to accomplish sexual penetration; or

(ii) the actor knows or has reason to know that the complainant is mentally impaired, mentally incapacitated, or physically helpless;

(t) the actor is aided or abetted by one or more accomplices within the meaning of section 609.05, and either of the following circumstances exists:

(i) an accomplice uses force or coercion to cause the complainant to submit; or

(ii) an accomplice is armed with a dangerous weapon or any article used or fashioned in a manner to lead the complainant reasonably to believe it to be a dangerous weapon and uses or threatens to use the weapon or article to cause the complainant to submit;

(g) the actor has a significant relationship to the complainant and the com-




plainant was under 16 years of age at the time of the sexual penetration. Neither mistake as to the complainant’s age nor consent to the act by the complainant is a defense; or

(h) the actor has a significant relationship to the complainant, the complainant was under 16 years of age at the time of the sexual penetration, and:

(i) the actor or an accomplice used force or coercion to accomplish the penetration;

'

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(-B9 the complainant suffered personalinjury; or

(-v—) the sexual abuse involved multiple acts committed over an extended period of time.

Neither mistake as to the complainant’s age nor consent to the act by the complainant is a defense.

Subd. 2. PENALTY. Except gs otherwise provided _i_r_1_ section 609.346, Q); _ division _2_§ _QI_' _2_lg, a person convicted under subdivision 1 may be sentenced to imprisonment for not more than 2-5 39 years or to a payment of a fine of not more than $40,000, or both.

Subd. 3. STAY. Except when imprisonment is required under section 609.346, if a person is convicted under subdivision 1, clause (g), the court may stay imposition or execution of the sentence if it finds that:

(a) a stay is in the best interest of the complainant or the family unit; and

(b) a professional assessment indicates that the offender has been accepted by and can respond to a treatment program.

If the court stays imposition or execution of sentence, it shall include the following as conditions of probation:

(1) incarceration in a local jail or workhouse; and

(2) a requirement that the offender complete a treatment program; ail

Q) a_ requirement that Q offender have Q unsupervised contact with fllg complainant until the offender hfi successfully completed glgp treatment program.




Sec. 15. Minnesota Statutes 1990, section 609.343, is amended to read: 609.343 CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE. Subdivision 1. CRIME DEFINED. A person who engages in sexual contact

with another person is guilty of criminal sexual conduct in the second degree if any of the following circumstances exists: ‘

(a) the complainant is under 13 years of age and the actor is more than 36 months older than the complainant. Neither mistake as to the complainant’s age nor consent to the act by the complainant is a defense. In a prosecution under this clause, the state is not required to prove that the sexual contact was coerced;

(b) the complainant is at least 13 but less than 16 years of age and the actor is more than 48 months older than the complainant and in a position of authority over the complainant, and uses this authority to cause the complainant to submit. Neither mistake as to the complainant’s age nor consent to the act by the complainant is a defense;

(c) circumstances existing at the time of the act cause the complainant to have a reasonable fear of imminent great bodily harm to the complainant or another;

(d) the actor is armed with a dangerous weapon or any article used or fashioned in a manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses or threatens to use the dangerous weapon to cause the complainant to submit;

(e) the actor causes personal injury to the complainant, and either of the following circumstances exist: -

(i) the actor uses force or coercion to accomplish the sexual contact; or

(ii) the actor knows or has reason to know that the complainant is mentally impaired, mentally incapacitated, or physically helpless;

(f) the actor is aided. or abetted by one or more accomplices within the meaning of section 609.05, and either of the following circumstances exists:

(i) an accomplice uses force or coercion to cause the complainant to submit; or

(ii) an accomplice is armed with a dangerous weapon or any article used or fashioned in a manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses or threatens to use the weapon or article to cause the complainant to submit;

(g) the actor has a significant relationship to the complainant and the complainant was under 16 years of age at the time of the sexual contact. Neither mistake as to the complainant’s age nor consent to the act by the complainant is a defense; or

New language is indicated by underline, deletions by st-rikeeat.



(h) the actor has a significant relationship to the complainant, the complainant was under 16 years of age at the time of the sexual contact, and:

(i) the actor or an accomplice used force or coercion to accomplish the contact;

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existed‘ atthetinaeeftheaetteeeuset-heeemplamant‘ to haveareasenablefearefimminentgreatbedilyharmtetheeemplainanter another-g

(-iv) the complainant suffered personal injury; or

(an) the sexual abuse involved multiple acts committed over an extended period of time.

Neither mistake as to the complainant’s age nor consent to the act by the complainant is a defense.

Subd. 2. PENALTY. Except as otherwise provided ip section 609.346, spb; division Q 9; _2p, a person convicted under subdivision 1 may be sentenced to imprisonment for not more than 29 3; years or to a payment of a fine of not more than $35,000, or both.

Subd. 3. STAY. Except when imprisonment is required under section 609.346, if a person is convicted under subdivision 1, clause (g), the court may stay imposition or execution of the sentence if it finds that:

(a) a stay is in the best. interest of the complainant or the family unit; and

(b) a professional assessment indicates that the olfender has been accepted by and can respond to a treatment program.



(2) a requirement that the offender complete a treatment program; £1 Q) g reguirement that tile oifender have pp unsupervised contact with tl1_e

complainant until mg offender pg successfully completed th_e treatment program.


amended to read: ‘

~'

New language is indicated by underline, deletions by ea-i-leeoet.



Subdivision 1. CRIME DEFINED. A person who engages in sexual penetration with another person is guilty of criminal sexual conduct in the third degree if any of the following circumstances exists:

(a) the complainant is under 13 years of age and the actor is no more than 36 months older than the complainant. Neither mistake as to the complainant’s age nor consent to the act by the complainant shall be a defense;

(b) the complainant is at least 13 but less than 16 years of age and the actor is more than 24 months older than the complainant. In any such case it shall be an affirmative defense, which must be proved by a preponderance of the evidence, that the actor believes the complainant to be 16 years of age or older. If the actor in such a case is no more than 48. months but more than 24 months older than the complainant, the actor may be sentenced to imprisonment for not more than five years. Consent by the complainant is not a defense;

(c) the actor uses force or coercion to accomplish the penetration;

(d) the actor knows or has reason to know that the complainant is mentally impaired, mentally incapacitated, or physically helpless;

(e) the complainant is at least 16 but less than 18 years of age and the actor is more than 48 months older than the complainant and in a position of authority over the complainant, and uses this ‘authority to cause the complainant to submit. Neither mistake as to the complainant’s- age nor consent to the act by the complainant is a defense;

(1) the actor has a significant relationship to the complainant and the complainant was at least 16 but under 18 years of age at the time of the sexual penetration. Neither mistake as to the complainant’s age nor consent to the act by the complainant is a defense;

(g) the actor has a significant relationship to the complainant, the complainant was at least 16 but under 18 years of age at the time of the sexual penetration, and: .

(i) the actor or an accomplice used force or coercion to accomplish the penetration;

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éifiéeireumsteneeseésteéatthetimeeftheaetteeausetheeeaaplainmitte haveareasenabiefearefimminentgreatbeéflyhermtetheeemplainanter another;

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(a) the complainant is under 13 years of age and the actor is no more than 36 months older than the complainant. Neither mistake as to the complainant’s age or consent to the act by the complainant is a defense. In a prosecution under this clause, the state is not required to prove that the sexual contact was coerced;

(b) the complainant is at least 13 but less than 16 years of age and the actor is more than 48 months older than the complainant or in a position of authority over the complainant and uses this authority to cause the complainant to submit. In any such case, it shall be an affirmative defense which must be proved by a preponderance of the evidence that the actor believes the complainant to be 16 years of age or older;

'

(c) the actor uses force or coercion to accomplish the sexual contact;

(d) the actor knows or has reason to know that the complainant is mentally impaired, mentally incapacitated, or physically helpless;

(e) the complainant is at least 16 but less than 18 years of age and the actor ‘is more than 48 months older than the complainant and in a .position of authority over the complainant, and uses this authority to cause the complainant to submit. Neither mistake as to the complainant’s age nor consent to the act by the complainant is a defense;

(i) the actor has a significant relationship to the complainant and the complainant was at least 16 but under 18 years of age at the time of the sexual contact. Neither mistake as to the complainant’s age nor consent to the act by the complainant is a defense;

(g) the actor has a significant relationship to the complainant, the complainant was at least 16 but under 18 years of age at the time of the sexual contact, and:

(i) the actor or anaccomplice used force or coercion to accomplish the contact;

(ii)t-heaetereranaeeemplieewasafmedwithadangereusweapenerany artieleusederihshienedinamannerteleedtheeemplainanttereasenably believeitee&ldbeaéaagereusweapenandaseéerthfeatenedteuse~thedan- Seffififlwefitwflt

Gifieireumsteneeseiéstedatthetimeeftheaetteeausetheeemplainantte haveareesenablefearefimminentgseatbeéilyharmtetheeemplaiaanter another;

(-iv) the complainant suffered personal injury; or

(-59 the sexual abuse involved multiple acts committed over an extended period of time.

Neither mistake as to the complainant’s age nor consent to the act by the complainant is a defense;

New language is -indicated by underline, deletions by st-Pi-keeut.



(h) the actor is a psychotherapist and the complainant is a patient of the psychotherapist and the sexual contact occurred during the psychotherapy session. Consent by the complainant is not a defense;

(i) the actor is a psychotherapist and the complainant is a patient or former patient of the psychotherapist and the patient or former patient is emotionally dependent upon the psychotherapist;

(j) the actor is a psychotherapist and the complainant is a patient or former patient and the sexual contact occurred by means of therapeutic deception. Con- sent by the complainant is not a defense; or

(k) the actor accomplishes the sexual contact by means of false representa- tion that the contact is for a bona fide medical purpose by a health care professional. Consent by the complainant is not a defense.


Subd. 3. STAY. Except when imprisonment is required under section 609.346, if a person is convicted under subdivision 1, clause (f), the court may stay imposition or execution of the sentence if it finds that:

(a) a stay is in the best interest of the complainant or the family unit; and

(b) a professional assessment indicates that the offender has been accepted by and can respond to a treatment program.



(2) a requirement that the offender complete a treatment program; Qn_d

Q) Q reguirement that pig offender have pp unsupervised contact with gig complainant until t_h_<_a offender l1_Qs_ successfully completed t_l;e_ treatment program.

Sec. 20. [609.3452] SEX OFFENDER ASSESSMENT. Subdivision _l_._ ASSESSMENT REQUIRED. When Q person _i§ convicted o_f

Q violation _o_f section 609.342; 609.343; 609.344; 609.345; 609.3451; 609.746, subdivision _l_; 609.79; 95 617.23 9; another offense arising _o_I.g o_f Q charge based _qr_1 3% 9; more 9_f those sectiorg, _t_h_Q court shill order Q independent professional assessment o_f L139 off‘ender’s need fig & offender treatment. _”[h_Q court r_nQy waive t_h§_ assessment Q) t_lpe_ sentencing guidelines provide Q presump- gile prison sentence Q _t_lQ§ offender, Q Q) Qp adeguate assessment _vgQ§ go_n- ducted tp the conviction. Q assessor providing Qp assessment fp; tfi court must pp experienced i_n_ tfi evaluation gig treatment _(_)_f §_§l(_ offenders.

~ New language is indicated by underline, deletions by str-ikeeut.



Subd. A ACCESS TO DATA. Notwithstanding section 13.42, 13.85, 144.335, 260.161, 9; 626.556, 111; assessor l;1g1_s access _t_q tli_e following private g confidential data pp t_l§ person if access i_s relevant app necessary @ thp assessment:

Q) medical gag under section 13.42;

(_2_) corrections apq detention % under section 13.85; L3) health records under section 144.335;

(4) iuvenile court records under section 260.161; £1 (ii 11011 were 28911911-Lelié Elm $211 ___.._626-556- Data disclosed under t_1_1i§ section fly pp p§e_d o_n1y fp; pugposes o_f t_h_e

assessment _a_ng gay _r_1o_t pp further disclosed pg apy person, except Q authorized py 13$

‘

Subd. A TREATMENT ORDER. E ’th_e assessment indicates tl1_at E offender _i§ Q pf g1_d_ amenable t_o gap offender treatment, t_l§ g1_i_r_t §@ include i_r_i th_e sentence _a reguirement jtfi1_t _th_e offender undergo treatment, unless th_e _cQ1_1_r3 sentences gig offender _tp prison. .


amended to read:

Subd. 2. SUBSEQUENT SEX OFFENSE; PENALTY. Except as provided in subdivision 2a Q 2_b, if a person is convicted under sections 609.342 to 609.345, within 15 years of a previous sex offense conviction, the court shall commit the defendant to the commissioner of corrections for imprisonment for a term of not less than three years, not more than the maximum sentence provided by law for the offense for which convicted, notwithstanding the provisions of sections 242.19, 243,05, 609.11, 609.12 and 609.135. The court may stay the execution of the sentence imposed under this subdivision only if it finds that a professional assessment indicates the offender is accepted by and can respond to treatment at a long-term inpatient program exclusively treating sex offenders and approved by the commissioner of‘ corrections. If the court stays the execution of a sentence, it shall include the following as conditions of probation: (1) incarceration in a local jail or workhouse; and (2) a requirement that the offender successfully complete the treatment program and aftercare as directed by the court.

Sec. 22. Minnesota Statutes 1990, section 609.346, subdivision 2a, is

amended to read:

Subd. 2a. MAQH-M-U-M MANDATORY LIFE SENTENCE (a)

The court shall sentence a person to a term of imprisonment of 3-7 years §o_r_ lifi, notwithstanding the statutory maximum sen-tenees sentence under seet-iens sg tio_n 609.342 and 699-343 it?




(1) the person is convicted under section 609.342 er 699343; and

(2) t_h_e_ court determines Q th_e record a_t th_e time pf sentencing that E pf _

tl1_e_ following circumstances exists:

(1) t_l_1p person _h_:§ previously been sentenced under section 609.1352;

(i_i) t_h_e person hag gpg previous peg offense conviction 3); Q violation _gf§§_c_- fi<_)_n_ 609.342, 609.343, Q‘ 609.344 th_a_t occurred before August _l_, 1989, £95 which (hp person yv_a_§ sentenced jt_o_ prison Q pp upward durational departure from me sentencing guidelines th_at resulted ii; g sentence a_t_ lggst twice a_s mg g (lg presumptive sentence; g

the person has two previous sex offense convictions under section 609.342, 609.343, or 609.344.

(b) Notwithstanding seetiens section 609.342, subdivision 3; and 609.-34-3; 3: and subdivision 2, the court may not stay imposition of the sen-

tence required by this subdivision.

Sec. 23. Minnesota Statutes 1990, section 609.346, is amended by adding a subdivision to read:

Subd. _2_l;, MANDATORY 30—YEAR SENTENCE. (Q) _I‘_lpa_ court shal1"§g1_- tence g person t_o g term o_f 39 years, notwithstanding th_e statutory maximum sentence under section 609.343,

(_1) tlg person _i§ convicted under section 609.342, subdivision L clause (g)_, (_c_1_), (pl, pg ((3 9_1_' 609.343, subdivision 1, clause (Q, ((1); (g), 9; (Q; app

(2) ye court determines pp t_h_e record at the time _o_f sentencing that: (_i) flip crime involved gr; aggravating factor that would provide groundsQ

_ar_1 upward departure under Qg sentencing guidelines other than th_e aggravating factor applicable t_o repeat criminal sexual conduct convictions; and

(ii) t_h_e person mg _a previous gex offense conviction under section 609.342, 609.343 g 609.344.~

Q3) Notwithstanding sections 609.342, subdivision 3; £1 609.343, subdivision 5 _a_r_i_c_1 subdivision 2, t_l1§ court may pg; spay imposition 9; execution pf _t_h_e sentence reguired bl fig subdivision.


Subd. _4; MINIMUM DEPARTURE FOR SEX OFFENDERS. I113 court shall sentence _a person t_o a_t least twice t_h_e_ presumptive sentence recommended by _t_lle_ sentencing guidelines

Q) t_h_e person is convicted under section 609.342, subdivision L clause (Q, New language is indicated by underline, deletions by seri-keeu-t.


Ch. 571, Art. I LAWS of MINNESOTA for 1992 2002

(Q), (9), g 609.343, subdivision _l_, clause (Q, (Q), (pl, 9; Q); g 609.344, gig; division _1_, clause (Q 9_r (1); arm

Q) Q; court determines o_n jig record a_t t_l1e_: time o_f sentencing that tl1_e crime involved Q aggravating factor that would provide grounds @ a_n upward departure under g1_e sentencing guidelines.


Subd. 1 SUPERVISED RELEASE OF SEX OFFENDERS. (Q) Notwith- standing §h_e statutory maximum sentence otherwise applicable t_o gig offense 9_r apy provision o_f th_e sentengg guidelineg a_ny person Q _i§ sentenced tp prison Q Q violation _o_f section 609.342, 609.343, 609.344, 9; 609.345 must by sentenced t_o serve a supervised release term _3§_ provided _ip @ subdivision. Lire court giafl sentence _a person convicted f_o_r_ a violation o_f section 609.342, 609.343, 609.344, gr 609.345 39 serve _a supervised release tppng pf Qt lgsp th_an §v_e years. T_he court §lLall sentence a person convicted _fo_r Q violation 91' 93 9f tlfig sections a_ second g subseguent time, Q; sentenced under section 2_4 £9 a mandatory departure, tp serve 2_1 supervised release term o_f po_t leg E t_ep years.

(_b) @ commissioner Q‘ corrections shall s_et _t__h_e level 9_f supervision Q offenders subject t_o_ gig section based _o_p t_l_1§ public Q presented by flip offender.

A See. 26. Minnesota Statutes 1990, section 609.3471, is amended to read:

609.3471 RECORDS PERTAINING TO VICTIM IDENTITY CONFI- DENTIAL.

Notwithstanding any provision of law to the contrary, no data contained in records or reports relating to petitions, complaints, or indictments issued pursuant to section 609.342; eleuse (6); (19); (g); or (-11-): 609-343; eleuse (a-); (-b); (g); or (-139; 609.344; eleuse (13; 619); (e); (-9; er (g-); or 609.345; elause (a); (13); (e9; (-9; of (-g-) which specifically identifies the _a victim \_av_l_1p _i§ a minor shall be accessible to the public, except by order of the court. Nothing in this section authorizes denial of access. to any other data contained in the records or reports, including the identity of the defendant.

Sec. 27. INTERIM SLIDING FEE SCALE.

fiy @ I, 1992, tlg commissioner 9_f corrections mp adopt without regard t_o cha ter L4, _an_d provide t_o gaph judicial district court administrator, Q interim gliding Q scale t_o determine gap amount o_f mongl t_q Q contributed py peg olfenders toward g1_e 5% o_f t_h_e_ assessments required py section gg [lg interim sliding fe_e scale i_s effective until flip commissioner adopg §._ permanent sliding E scale under article §3 section 4, subdivision 3;

Sec. 28. INSTITUTE OF PEDIATRIC SEXUAL HEALTH.

New language is ‘indicated by underline, deletions by



Subdivision L PLANNING. lh_e commissioner pf health, i_p cooperation w_itL th_e director pf strategic _zm_d long-rangp planning, gig py September L 1992, convene Q interdisciplinary committee t_Q min f_op g_r_1 institute pf sexual health tp serve youth gn_d children. Members pf tgg committee s_h_gl_l pg appointed lpy ph_e governor gfl fla_ll include expert professionals from _tl1_e fields pf medicine, psychiz:1_try, psychology, education, sociology, £1 other relevant disciplines. _T_l_;§ committee _s11_a__l_l_ 2_1_l_s_(_) include representatives pf community agencies t_l1a_t v_vp_r_l5 i_n _t_h_e, _3_£21S._ 9_f health, religion, E corrections.

Subd. _2_._ PURPOSE. :13 purpose pf tl_1_e institute i_s thp diagnosis gng treat- p1_e_1_i1 pf, app research a_p_d education relating t_o_, jt_l_1_e etiology g1_1_d_ prevention o_f sexual dysfunctions E tpp medical, psychological, gt relational conditions 1;L2_1_t_ affect jg sexual health o_f tpp child, the adolescent, grid _t_h_e_ family, includ- mg those pf _a violent nature. ]‘__h_e_ institute will focus Q tl1_e pg-Ly detection pf potentially sexually violent behavior E disorders o_f sexual functioning. flp institute will provide clinical, programm_ayt_ip, grit gag‘ training support Q fl1_e_ residential treatment program _a_1p_(_l _\fl coordinate educational programs. T_h_e institute _vgi_l_l b_e g resource _f_o_1_' medical, mental health, flg iuvenile justice tfl; 2-'.___ramS in th_6 11%

mg professionals ip genetics, reproductive biology, molecular biology, endocri- nology, brain science, ethology, psychology, sociology, and cultural anthropology.

Subd. 4. TREATMENT PROGRAMS. :l"_l_1§ institute Q b_e designed 39 offer 3 wide variety pf diagnostic gig treatment services, a_s determined Q tpg planning committee.

Subd. 3. CLINICAL STAFF. [hp institute wfl provide clinical §1a_i_T includ-

Subd. _; ANCILLARY SERVICES. _T_l§ institute Q include g ‘research center gllat w_il1 provide facilities, g library, g_n_d educational services supporting pig encouraging research 9p a_ll aspects o_f pediatric a_n_d youth sexology includ- i1_1g those factors contributing pg sexually violent behavior. 1 institute yfl fund visiting scholars gig establish _a_n(_1 maintain international collaborative working relationships y_ifl1_ other related professional institutes _a_pg organiza- t_igr§ gpg sponsor pp annual symposium pp pediatric, Louth, pg family sexol- 92!;

Subd. __6_, REPORT. _B_y February L 1993, pg commissioner pf health @111 submit t_o th_e legislature g E Q establishment pf a_n institute t_o promote t_h_e sexual health pf youth grid children. Lhe E ghill include recommendationsQ siting Q1 funding _tLe institute.

Sec. 29. EFFECTIVE DATE. Section § _i_s effective t_hp Qy following fipa_l enactment. Sections 1, L Q, a_nd Q t_o gg pip effective August L 1992, _a_n(_1 apply t_o crimes committed Q o_r after Q; date. Section _9_ i_s_ effective August L 1992, E applies t_o persons adjudi-

cated delinguent Q Q‘ tl_1§._t gl_a1e_, 1112 <_:_(>_11_rt §l_i_2_1_ll consider convictions

New language is indicated by underline, deletions by str-ileeeutv.



occurring before August 1, 1992, is previous convictions i_n sentencing offenders under sections _2_2 t_o _2_5_; Section _2_0_, subdivision §, i_s_ effective January 1, 1994.

ARTICLE 2

SENTENCING

Section 1. Minnesota Statutes 1990, section 244.01, subdivision 8, is

amended to read:

Subd. 8. “Term of imprisonment,” Q applied t_o inmates whose crimes 3% committed before August 1, 199;, is the period of time to which an inmate is committed to the custody of the commissioner of corrections minus earned good time. “Term o_f imprisonment,” § applied t_o inmates, whose crimes Egg% mitted pp g after August 1, 1993, is _t_l§ period pf £2 which gp inmate i_s

ordered Q §gr_v_e i_p prison py fig sentencing court, plpgapy disciplinary confine- period imposed l_)y LIE commissioner under section 244.05, subdivision

lb.

Sec. 2. Minnesota Statutes 1990, section 244.03, is amended to read:

244.03 REHABILITATIVE PROGRAMS. The commissioner shall provide appropriate mental health programs and

vocational and educational programs with employment-related goals for inmates who desire to voluntarily participate in such programs ail £9; inmates _vs/l1_o gr_e required tp participate ip E programs under E disciplinary offense gl_e_s_

adopted py the commissioner under section 244.05; subdivision lp. The selection, design and implementation of programs under this section shall be the sole responsibility of the commissioner, acting within the limitations imposed by the funds appropriated for such programs.

No action challenging the level of expenditures for programs authorized under this section, nor any action challenging the selection, design or implementation of these programs, may be maintained by an inmate in any court in this state.

See. 3. Minnesota Statutes 1990, section 244.04, subdivision 1, is amended to read:

Subdivision 1. REDUCTION OF SENTENCE. Notwithstanding the provisions of section 609.11, subdivision 6, and section 609.346, subdivision 1, the term of imprisonment of any inmate sentenced to a presumptive fixed sentence after May 1, 1980, Ed whose crime v_v_a_s_* committed before August 1, 1993, shall be reduced in duration by one day for each two days during which the inmate violates none of the disciplinary oifense rules promulgated by the commissioner. The reduction shall accrue to the period of supervised release to be served by the

New language is indicated by underline, deletions by st-r-ileeeet».



inmate, except that the period of supervised release for a sex offender sentenced and conditionally released by the commissioner under section 609.1352, subdivision 5, is governed by that provision.

Except as otherwise provided in subdivision 2, if an inmate whose crime was committed before August _1, 1993, violates a disciplinary offense rule promulgated by the commissioner, good time earned prior to the violation may not be taken away, but the inmate may be required to serve an appropriate portion of the term of imprisonment after the violation without earning good time.


Subd. 3. The provisions of this section do not apply to an inmate serving a mandatory life sentence g t_o persons whose crimes were committed gr; g after August 1, 1993.


Subdivision 1. SUPERVISED RELEASE REQUIRED. Except as provided in subdivisions Q34 4, and 5, every inmate shall serve a supervised release term upon completion of the inmate’s term of imprisonment as reduced by any good time earned by the inmate or extended by confinement in punitive segregation pursuant to section 244.04, subdivision 2. Except for a sex offender conditionally released under section 609.1352, subdivision 5, the supervised release term shall be equal to the period of good time the inmate has earned, and shall not exceed the length of time remaining in the inmate’s sentence.


Subd. __l_l; SUPERVISED RELEASE; OFFENDERS WHO COMMIT CRIMES ON OR AFTER AUGUST 1, 1993. (3) Except _a_s provided i_n subdivi- _s»_i<)ps 4 gn_d _5_, every inmate sentenced tp prison Q a_1 felony offense committed pp _Ql_‘ August L 1993,'shall serve g supervised release term upon comple- ;i__o_n o_f‘ _t_h_g term pf imprisonment pionounced pg ;l_1_e_ sentencing court under peg Qqp 1 gig 2_t_r_1_y disciplinary confinement period imposed py the commissioner Q15 t_o ply inmate’s violation o_f any disciplinary offense pulp adopted Q g commissioner under paragraph (_l.3)_. fle supervised release jt_c>,r_m §_l_1gll Q egual i_p length _tp t_h_e amount pf fin; remaining gr 1l_1_e inmate’s imposed sentence g_ftgi_' _t_b_§ inmate fig served t_l1e_ finounced term o_f imprisonment gpc_1 a_ny disciplin- gfl confinement period imposed bl _t_h_§ commissioner.

(lg) fiy August 1, 1993. 1f_1_e commissioner §l_1_a_ll modify pig commissioner’s existing disciplinary rules t_o specify disciplinary offenses which fly result i_n; imposition _<_)_f_‘ g disciplinary confinement period a_n_<_1_ flip length o_f the disciplin- g1_1y confinement period £o_r epgh disciplinary offense. These disciplinagy offense _r$s_ _n_1_ay cover violation pf institution rules, refusal tp work, refusal Q munici-

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pay i_n treatment 95 Qty rehabilitative programs, @ other matters determined py th_e commissioner. & inmate E violates Q disciplinary E flag 1)_e placed Q supervised release until gig inmate pays served t_h_e disciplirLiy gig; finement period 9; until fig inmate _i§ discharged Q‘ released fpp punitive s_eg; regation confinement, whichever i_s later. % imposition o_f a disciplinm confinement period gigll Q considered _tp pp Q disciplinagy sanction imposed E a_n inmate, a_ngi_ tfi procedure Q imposing th_e disciplin_2_1gy confinement period arid flip rights pf tli_e inmate i_n t_h_§ procedure §_13a_H Q t_l_io_sg i_n fig; §o_r E imposition o_f other disciplipagy sanctions a_t e_aQ s_ta§ correctional institution.

Sec. 7. [244.10l] SENTENCING OF FELONY OFFENDERS WHO COMMIT OFFENSES ON AND AFTER AUGUST 1, 1993.

Subdivision _l_. SENTENCING AUTHORITY. When g felony offender § sentenced tp p fixed executed prison sentence Q1; g_n_ offense committed gm 9; after August I, 1993, _t_l_ip sentence pronounced py L119 _cg1_r_t consist o_f tyvp parts: Q) a_ specified minimum term pf imp_ri_sonment; £1 Q) _a specified maximum supervised release term LIE i_s one-half 9__f_‘ th_e minimum term o_f imprisonment. E: lengths 9_f_‘ gig ;er_m o_f imprisonment _a_I£1 LIE supervised release t_e_rg actually served py pp inmate a_n; subject Lg E provisions 91‘ section 244.05, sfl; division lb.

Subd. _2_. EXPLANATION OF SENTENCE. When Q g_o_ppt pronounces gr; t_e_gQ under t_l§ section, it $131; specify gig amount o_f ti_ni_t§ Lip; defendant@ g:_r_v_e i_n prison an_d t_h_e amount o_f Q9 th_e defendant fl serve o_n supervised release, assuming th_e defendant commits l'_l(_) disciplirgy offense ir_i prison th_at r_n_ay result i_n gig imposition _o_f Q disciplinary confinement period. _T_l_ip court

El alsp explain th_at mp defendant’s term pf imprisonment may lg extended py ’th_e commissioner E tfi defendant commits a_ny disciplinpgy offenses i_ri_

prison gfl gi_a_t gig extension could result _i_I_1 mg defendant’s serving fie entire pronounced sentence _i_r; prison. & court’s explanation shpfl lg included ip tl_ip sentencing order.

Subd. _;3_. N0 RIGHT TO SUPERVISED RELEASE. Notwithstanding §li_e court’s specification _o_f tli_e potential length pf g defendant’s supervised release term i_n fl1_6_ sentencing order, t1i_e_ court’s order creates pp right 9_fz_1 defendant t_g a_ny specific, minimum length pf a_ supervised release my

Subd. 3 APPLICATION OF STATUTORY MANDATORY MINIMUM SENTENCES. _I_f _tli_e defendant _i_s_ convicted 9_f fly offense fpr which Q statute imposes g mandatory minimum sentence 9; term pf imprisonmerg jlig statutory mandatory minimum sentence o_r term governs jg length pf t_l_ig entire sentence pronounced py §h_e court under t_hi§ section.


Subd. 2. LIMIT ON TERMS; MISDEMEANOR AND GROSS MISDE- MEANOR. If the court specifies that the sentence shall run consecutively; the

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2007 LAWS of MINNESOTA for 1992 . Ch. 571, Art. 2

mtalefthetermse€impsisenma%impesed;ether+hen&terme£impflsenment for life; shall not exeeed 40 years: If E all of the sentences are for misdemeanors, the total of the terms of imprisonment shall not exceed one year; If all o_f LIE sentences Q for gross misdemeanors, the total of sueh Q9 terms shall not exceed three years.


Subd. 2. INCREASED SENTENCES; DANGEROUS OFFENDERS. Whenever a person is convicted of a violent crime, and the judge is imposing an executed sentence based on a sentencing guidelines presumptive imprisonment sentence, the judge may impose an aggravated durational departure from the presumptive imprisonment sentence up to the statutory maximum sentence if the offender was at least 18 years old at the time the felony was committed, and:

(1) the court determines 9}; t_h_e record a_t the time o_f sentencing that the olfender has two or more prior convictions for violent crimes; and

(2) the court finds that the olfender is a danger to public safety and specifies on the record the basis for the finding, which may include:

(i) the olfender’s past criminal behavior, such as the ofl‘ender’s high frequency rate of criminal activity or juvenile adjudications, or long involvement in criminal activity including juvenile adjudications; or

(ii) the fact that the present offense of conviction involved an aggravating factor that would justify a durational departure under the sentencing guidelines.


Subd. 3. INCREASED SENTENCES; CAREER OFFENDERS. When- ever a person is convicted of a felony, and the judge is imposing an executed sentence based on a sentencing guidelines presumptive imprisonment sentence, the judge may impose an aggravated durational departure from the presumptive sentence up to the statutory maximum sentence if the judge finds and specifies on the record that the offender has more than four prior felony convictions and that the present offense is a felony that was committed as part of a pattern of criminal conduct from whieh a substan-t-iai portion of the eifender-’s iaeeme was derived.

Sec. 11. TASK FORCE ON NEW FELONY SENTENCING SYSTEM. Subdivision L MEMBERSHIP. A @ force is established Q study th_e

implementation of fl1_e_ new felony sentencing system provided Q gig article. 1113 _t3§_lg force consists of th_e following members 9_r_ their designees:

Q) the chair g1'tl1_e_ sentencing guidelines commission;

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Q) me commissioner o_f corrections; [_I_3_) th_e state court administrator;

(95) 1Q chair o_f th_e house iudiciary committee; gig

Q) t_h_e chair o_f th_e senate judiciai_'y committee.

[lg task force shall select g chair from among iis membership.

Subd. A DUTIES. flip jt_as_k force shall study fie I_‘l§_\1 felony sentencing gg te_m provisions contained i_n t_lii_s article. Based pp th_is study, gig E force shall:

Q) determine whether tfi current sentencing guidelines _a@ sentencing guidelines grid need t_o pg changed i_p order tp implement Q new sentencing provisions; and

Q) determine whether gpy legislative changes _t_g tli_e provisions E needed t_o permit their effective implementation.

Subd. A REPORT. IE t_a$ force flail; report _t_l§ results pf fig study 19 th_e legislature py February _1_51 1993. [lg report sl'i_al_l include % @ force’s recommendations, if a_nL f9_r changing Q l_a_w <_)_r ’th_e sentencing guidelines i_n gpdg t_o effectively implement mg @ felony sentencing system.

Sec. 12. SENTENCING GUIDELINES COMMISSION; STUDY. The sentencing guidelines commission shall study _t_h_e following issues g_nc_l

report itg findings _a_r_ig conclusions 39 th_e chairs 9_f_‘ th_e house gig senate judi- ciagy committees l_)y Februai_'y L 1993:

Q) whether Q5; crime 9_f fi_r§t degree criminal sexual conduct should pg% ked: i_p whole Q ip part, i_n_ gig next higher severity‘ level o_f thy: sentencing guide- E11c_s sri_d;

Q) whether th_e current presumptive sentence Q gig crime _(_>_f second degree intentional murder i_s adequately proportional _t_<_i_ jg mandatogy mg imprisonment penalty provided Q E degree murder; gn_c1

Q] whether t_lie_ sentencing guidelines should provide g presumption ii_i favor _o_f consecutive sentences fpr persons who g convicted Q multiple crimes against _a_

person i_n separate behavioral incidents.

Sec. 13. SENTENCING GUIDELINES MODIFICATION.

LIE sentencing guidelines commission shill modify tl_ig sentencing guide- Iflfi 19” provide tli_213 _i_f £1 inmate o_f g _s_t_eu_e correctional facility i_s convicted pf committing g felony a_t gig facility, it jg presumed fig @ sentence imposedQ fie current felony w_ill_ _r_u_r; consecutively tg tli_e sentence Q which % inmate yfi confined when fig felony w_as committed. @ commission £111 gls_o modify th_e sentencing guidelines t_o provide t_h_a_t fie judge fly depart fr_<)i__n_ E&

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sumption ggl impose g concurrent sentence based pp evidence that Q; defendant l1_a_1§_ provided substantial and material assistance i_n_ flip detection Q‘ prosecution o_f crime.

Sec. 14. EFFECTIVE DATE. Sections _l_ t9 1 fie effective August _I_, 1993, gpgl apply t_o crimes committed

pp <_)_1_~ after E date. Sections _8 _tp _1_Q a_re_ effective August 1, 1992, §_n_d apply 19 crimes committed pp 95 after that date.

ARTICLE 3 »

PSYCHOPATHIC PERSONALITY PROVISIONS

Section 1. Minnesota Statutes 1990, section 8.01, is amended to read:

8.01 APPEARANCE. The attorney general shall appear for the state in all causes in the supreme

and federal courts wherein the state is directly interested; also in all civil causes of like nature in all other courts of the state whenever, in the attorney general’s opinion, the interests of the state require it. Upon request of the county attorney, the attorney general shall appear in court in such criminal cases as the attorney general deems proper. Upon request o_f _a county attorney, t_h_e attorney general p3_y assume tpe duties pf mg county attorney _i_p psychopathic personal- iiy commitment proceedings under section 526.10. Whenever the governor shall so request, in writing, the attorney general shall prosecute any person charged with an indictable offense, and in all such cases may attend upon the grand jury and exercise the powers of a county attorney.

Sec. 2. Minnesota Statutes 1991 Supplement, section 8.15, is amended to read:

8.15 ATTORNEY GENERAL COSTS. The attorney general in consultation with the commissioner of finance shall

assess executive branch agencies a fee for legal services rendered to them. The assessment against appropriations from other than the general fund must be the full cost of providing the services. The assessment against appropriations supported by fees must be included in the fee calculation. The assessment against appropriations from the general fund not supported by fees must be one-half of the cost of providing the services. An amount equal to the general fund receipts in the even-numbered year of the biennium is appropriated to the attorney general for each year of the succeeding biennium. All other receipts from assessments must be deposited in the state treasury and credited to the general fund.

The attorney general in consultation with the commissioner of finance shall




assess political subdivisions fees to cover half the cost of legal services rendered to them; except tpat th_e attorney general E pp; assess _a county fly fe_e £9; l_eg_a_l services rendered ip connection @ _a psychopathic personality commit- ggt proceeding under section 526.10 E which t_l_1_§ attorney general assumes responsibility under section 8._0l_.


Subd. _L SEX OFFENDERS; CIVIL COMMITMENT DETERMINA- TION. Before tl1_e commissioner releases from prison fly inmate convicted under sections 609.342 19 609.345 Q sentenced a_s g patterned offender under section 609.1352, an_d determined py th_e commissioner Q pg _ip g ggp Q E: ggy, t_I_l_§ commissioner §l_1a_ll _nLl<e g preliminagy determination whether, i_11 _t_h§ commissioner’s opinion, p petition under section 526.10 fly lg appropriate. I_f t_hp commissioner determines tlgt a petition p1_ay pp appropriate, th_e commissioner flfl forward Qi_s determination, along yvfl p summa1_'y o_f tl1_e reasonsQ th_e determination, tp _t_l1_e county attorney i_n fig county where tpp inmate _v_v_2§ convicted n_o lag ;l_ig1_ si_x months before 11$ inmate’s release date. Upon receiving t_h_e commissioner’s prelimin_a;y determinatig Q; county attorney flz_1l_l proceed _ip flip manner provided i_n section 526.10. 1 commissioner release t_o_ tpg county attorney afl requested documentation maintained py _tl1_§ department.

Sec. 4. Minnesota Statutes 1990, section 253B.l8, subdivision 2, is

amended to read:

Subd. 2. REVIEW; HEARING. A written treatment report shall be filed with the committing court within 60 days after commitment. Ifthg person i_s_ ip th_e custody o_f jg commissioner o_f corrections when tl1_e initial commitment i_s ordered under subdivision l, pig written treatment report _rpu_st pp @ within Q da_1_y_s fie person _i§ admitted tp _tl1_e Minnesota security hospital 9; aE Etp hospital receiving Q5; person. The court, prior to making a final determination with regard to a person initially committed as mentally ill and dangerous to the public, shall hold a hearing. The hearing shall be held within t_l1e_ earlier o_f 14 days of the court’s receipt of the written treatment report, if one is filed, or within 90 days of the date of initial commitment o_r admission, whichever is earlier; unless otherwise agreed by the parties. If the court finds that the patient qualifies for commitment as mentally ill, but not as mentally ill and dangerous to the public, the court may commit the person as a mentally ill person and the person shall be deemed not to have been found to be dangerous to the public for the purposes of subdivisions 4 to 15. Failure of the treatment facility to provide the required report at the end of the 60-day period shall not result in automatic discharge of the patient.


526.10 LAWS RELATING TO MENTALLY ILL PERSONS DANGER- OUS TO THE PUBLIC TO APPLY TO PSYCHOPATHIC PERSONALI- TIES; TRANSFER Q COMMITMENT TO CORRECTIONS.




Subdivision 1. PROCEDURE. Except as otherwise provided in this section or in chapter 253B, the provisions of chapter 253B, pertaining to persons mentally ill and dangerous to the public shall apply with like force and effect to persons having a psychopathic personality, to persons alleged to have such personality, and to persons found to have such personality, respectively. Before such proceedings are instituted, the facts shall first be submitted to the county attorney, who, if satisfied that good cause exists therefor, shall prepare the petition to be executed by a person having knowledge of the facts and file the same with the judge of the probate court of the county in which the “patient,” as defined in such statutes, has a settlement or is present. If E patient i_s i_n the custody o_f t_l1e_ commissioner o_f corrections, th_e p_etition may be fi1_e§_ i_n_ _tl1_e

county where the conviction for which tl1_e person i_s_ incarcerated w_as entered. The judge of probate shall thereupon follow the same procedures set forth in chapter 253B, for judicial commitment. The judge may exclude the general public from attendance at such hearing. If, upon completion of the hearing and consideration of the record, the court finds the proposed patient has a psychopathic personality, the court shall commit such person to a public hospital or a private hospital consenting to receive the person, subject to a mandatory review by the head of the hospital within 60 days from the date of the order as provided for in chapter 253B. for persons found to be mentally ill and dangerous to the public. The patient shall thereupon be entitled to all of the rights provided for in chapter 253B, for persons found to be mentally ill and dangerous to the public, and all of the procedures provided for in chapter 253B, for persons found to be mentally ill and dangerous to the public shall apply to such patient except as otherwise provided in subdivision 2.

Subd. 2. TRANSFER TO CORRECTIONAL FACILITY. Unless the pre- visiens of seet-ion 699-.-Po-5-l- apply; (_a) If a person has been committed under this section and also has been lag is committed to the custody of the commissioner of corrections, the person may be transferred from a hospital to another facility designated by the commissioner of corrections as provided in section 253B.l8; except that the special review board and the commissioner of human services may consider the following factors in lieu of the factors listed in section 253B.18, subdivision 6, to determine whether a transfer to the commissioner of corrections is appropriate:

(1) the person’s unamenability to treatment;

(2) the person’s unwillingness or failure to follow treatment recommendations;

(3) the person’s lack of progress in treatment at the public or private hospi- ta];

(4) the danger posed by the person to other patients or staff at the public or private hospital; and

(5) the degree of security necessary to protect the public.




(p) If _a person i_s committed under gig section ajtg g commitment _t_q th_e commissioner _9_t_‘ correction; th_e person gfi pg sprfl tpg sentence ip g facility designated py fig commissioner pf corrections. After gig person Q93 served thp sentence, Qg person shpfl Q transferred pg a_1 regional center designated pg gig commissioner o_f human services.

Sec. 6. [526.ll5] STATEWIDE JUDICIAL PANEL; PSYCHOPATHIC PERSONALITY COMMITMENTS.

Subdivision L CREATION. [hp supreme court fly establish p panel pf district judges v_vi_th_ statewide authority tp preside pig commitment proceedings brought under section 526.10. Only 9_‘r_1p judge o_f t_l_ip panel i_s reguired tp preside pig; Q particular commitment proceeding. Panel members s_l;e_1fl serve Q o_rrc_- ygg terms. 9;; 91' gl_1_§ judges glfl lg designated g tl1_e gt‘ judge pf fli_e panel, app § vested \_x/jg E power t_o designate th_e presiding judge Q in particular fig, t_o s_et gap proper venue f_og th_e proceedings, gnpl :9 otherwise supervise gpg direct E operation 9_f t_l_1p panel. @ chief judge _s_l;2iI designate o_rre_ pftpp o_tlgr_ judges t_o apt pg §_l_1_ie_f judge whenever @ pl3i_ef judge i_s unable tp ‘gt.

Subd. A EFFECT OF CREATION .OF PANEL. _I_f th_e supreme pppg creates gig judicial panel authorized py pap section, _a_1_l_ petitions f9_r E go_n_1; mitment brougl_1t under section 526.10 pg @ @ Qt; supreme ppm’; instead pf flt_h pig probate co:urt i_p Q county where _t_h_e proposed patient jg present, notwithstanding fly provision pf section 526.10 _t_g th_e contrary. Other- 1/_i§g._ a_ll _o_i_‘ gig other applicable procedures contained _ip section 526.10 g_n_d chapter 253B apply t_o commitment proceedings conducted pg a judge Q tpp panel.


609.1351 PETITION FOR CIVIL COMMITMENT. When a court sentences a person under section 609.1352, 609.342, 609.343,

609.344, or 609.345, the court shall make a preliminary determination whether in the court’s opinion a petition under section 526.10 may be appropriate@ include th_e determination Q pir; gp" th_e sentencing 9_1ml_eg. If the court determines that a petition may be appropriate, the court shall forward its preliminary determination along with supporting documentation to the county attorney. If the person is subsequently eem-mitted under seetien §%6.—l-9; the person shall sefiethesenteneeinafaeilitydesignateébytheeemmissienerefeefieefienm Afterthepersenhassewedthesenteneeflaepersenshallbetransferredtea

Sec. 8. EFFECTIVE DATE. Section 1 i_s effective August _l_, 1992, g1_i<_i applies t_o sentences imposed pp

Q after that date.

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ARTICLE 4

OTHER PENALTY PROVISIONS Section 1. Minnesota Statutes 1991 Supplement, section 357.021, subdivi—

sion 2, is amended to read:

Subd. 2. FEE AMOUNTS. The fees to be charged and collected by the court administrator shall be as follows:

(1) In every civil action or proceeding in said court, the plaintiff, petitioner, or other moving party shall pay, when the first paper is filed for that party in said action, a fee of $85.

'

The defendant or other adverse or intervening party, or any one or more of several defendants or other adverse or intervening parties appearing separately from the others, shall pay, when the first paper is filed for that party in said action, a fee of $35.

The party requesting a trial by jury shall pay $30. The fees above stated shall be the full trial fee chargeable to said parties

irrespective of whether trial he to the court alone, to the court and jury, or disposed of without trial, and shall include the entry of judgment in the action, but does not include copies or certified copies of any papers so filed or proceedings under chapter 103E, except the provisions therein as to appeals.

(2) Certified copy of any instrument from a civil or criminal proceeding, $5, plus 25 cents per page after the first page, and $3.50, plus 25 cents per page after the first page for an uncertified copy.

(3) Issuing a subpoena, $3 for each name.

(4) Issuing an execution and filing the return thereof; issuing a writ of attachment, injunction, habeas corpus, mandamus, quo warranto, certiorari, or other writs not specifically mentioned, $10.

(5) Issuing a transcript of judgment, or for filing and docketing a transcript of judgment from another court, $7.50.

(6) Filing and entering a satisfaction of judgment, partial satisfaction, or assignment of judgment, $5.

(7) Certificate as to existence or nonexistence of judgments docketed, $5 for each name certified to.

(8) Filing and indexing trade name; or recording notary commission; or recording basic science certificate; or recording certificate of physicians, osteo- paths, chiropractors, veterinarians, or optometrists, $5.

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(9) For the filing of each partial, final, or annual account in all trustecships, $10. .

(10) For the deposit of a will, $5.

(11) When a defendant pleads guilty t_o_ 9; i_s sentenced Q a petty misdemeanor other than § parking violation, fie defendant shall pay a_ f_e_e 9;‘ s;

(12) All other services required by law for which no fee is provided, such fee as compares favorably with those herein provided, or such as may be fixed by rule or order of the court.


Subdivision 1. SURCHARGES AND ASSESSMENTS. (a) When a court sentences a person convicted of a felony, gross misdemeanor, or misdemeanor, other than a petty misdemeanor such as a traflic or parking violation, and if the sentence does not include payment of a fine, the court shall impose an assess~ ment of not less than $25 nor more than $50. If the sentence for the felony, gross misdemeanor, or misdemeanor includes payment of a fine of any amount, including a fine of less than $100, the court shall impose a surcharge on the fine of ten _2_(_) percent of the fine. This section applies whether or not the person is sentenced to imprisonment and when the sentence is suspended.

(b) In addition to the assessments in paragraph (a), the court shall assess the following surcharges after a person is convicted:

(1) for a person charged with a felony, $25;

(2) for a person charged with a gross misdemeanor, $15;

(3) for a person charged with a misdemeanor other than a trafiic, parking, or local ordinance violation, $10; and

(4) for a person charged with a local ordinance violation other than a parking or traffic violation, $5.

The surcharge must be assessed for the original charge, whether or not it is subsequently reduced. A person charged on more than one count may be assessed only one surcharge under this paragraph, but must be assessed for the most seri- ous offense. This paragraph applies whether or not the person is sentenced. to imprisonment and when the sentence is suspended.

(c) The court may not waive payment or authorize payment of the assessment or surcharge in installments unless it makes written findings on the record that the convicted person is indigent or that the assessment or surcharge would create undue hardship for the convicted person or that person’s immediate family.

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(d) If the court fails to waive or impose an assessment required by paragraph (21), the court administrator shall correct the record to show imposition of an assessment of $25 if the sentence does not include payment of a fine, or if the sentence includes a fine, to show an imposition of a surcharge of ten percent of the fine. If the court fails to waive or impose an assessment required by paragraph (b), the court administrator shall correct the record to show imposition of the assessment described in paragraph (b).

(e) Except for assessments and surcharges imposed on persons convicted of violations described in section 97A.O65, subdivision 2, the court shall collect and forward to the commissioner of finance the total amount of the assessments or surcharges and the commissioner shall credit all money so forwarded to the general fund.

(f) If the convicted person is sentenced to imprisonment, the chief executive officer of the correctional facility in which the convicted person is incarcerated may collect the assessment or surcharge from any earnings the inmate accrues for work performed in the correctional facility and forward the amount to the commissioner of finance, indicating the part that was imposed for violations described in section 97A.O65, subdivision 2, which must be credited to the game and fish fund.


Subd. A MINIMUM FINES; OTHER CRIMES. Notwithstanding grey otherl21_w:

Q) when e court sentences e person convicted 9_f e felony th_at i_s pg; listed i_n subdivision _2_ gr 1_3_, i_t my impose e _tin_e 9;“ g_o_t le_s»s: 1_h_a_n gq percent 9;" the maximum fi_ne_ authorized by @ gm; rye Qa_n Qe maximum E authorized 1;! Laws arid

~ (_2_) when e court sentences §_ person convicted 9_f_' e gross misdemeanor Q misdemeanor E i_s p_9_t listed i_n subdivision A it must impose e fine o_f p_9_t les_s

gen gg percent o_i‘tl1_e maximum _lj_1_1_e authorized py levy E _r_n_c_>_g ;l_1;.m th_e _rp_ax_— imum fi_ne authorized by lzfl~

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~ _T_he _c_o_uLt mg 1191 waive payment gf tl1_e minimum _f;n_e _c_>_x_' authorize pgy_-

m_t3i1_t 9_f_‘ it i_n installments unless the court makes written findings _o_11 glee record t_l;2_1_t glge convicted person _i_s_ indigent _o_r th_at fie fig would create undue hard- ellip fey m convicted person 9; t_ha_t person’s immediate family.~

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The minimum fine reguired lg _thi_s subdivision i_s_ ig addition t_o t_h_e surcharge c_>_r_ assessment required l_)y subdivision _l_ an_d i_s i_n addition t_o_ a_ny term o_f imprisonment 95 restitution imposed 9_r_ ordered by t_h_e court.

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Subdivision 1. TERMS. (a) A “heinous crime” is; (_1_) a violation Q attempted violation of section 609.185; gr 609.19g; (2) a violation 9_f_' section 609.195; g 609.221; or Q) a violation of section 609.342 er, 609.343, 9; 609.344, if the offense was

committed with force or violence.

(b) “Previous conviction” means a conviction in Minnesota of a heinous crime or a conviction elsewhere for conduct that would have been a heinous ,

crime under this chapter if committed in Minnesota. The term includes any conviction that occurred before the commission of the present offense of conviction, but does not include a conviction if 15 years have elapsed since the person was discharged from the sentence imposed for the offense.


609.185 MURDER IN THE FIRST DEGREE. Whoever does any of the following is guilty of murder in the first degree and

shall be sentenced to imprisonment for life:

(1) causes the death of a human being with premeditation and with intent to effect the death of the person or of another;

(2) causes the death of a human being while committing or attempting to commit criminal sexual conduct in the first or second degree with force or violence, either upon or affecting the person or another;

(3) causes the death of a human being with intent to effect the death of the person or another, while committing or attempting to commit burglary, aggravated robbery, kidnapping, arson in the first or second degree, tampering with a witness in the first degree, escape from custody, or any felony violation of chapter 152 involving the unlawful sale of a controlled substance;

(4) causes the death of a peace officer or a guard employed at a Minnesota state correctional facility, with intent to effect the death of that person or another, while the peace officer or guard is engaged in the performance of oflicial duties;

(5) causes the death of a minor under circumstances other than those described in clause (1) or (2) while committing child abuse, when the perpetrator has engaged in a past pattern of child abuse upon the child and the death occurs under circumstances manifesting an extreme indifference to human life; or

(6) causes the death of a human being under circumstances other than those described in clause (1), (2), or (5) while committing domestic abuse, when the perpetrator has engaged in a past pattern of domestic abuse upon the victim and the death occurs under circumstances manifesting an extreme indifference to human life.




For purposes of clause (5), “child abuse” means an act committed against a minor victim that constitutes a violation of section 609.221, 609.222, 609.223, 609.224, 609.342, 609.343, 609.344, 609.345, 609.377, or 609.378, gr 609.713.

For purposes of clause (6), “domestic abuse” means an act that:

(1) constitutes a violation of section 609.221, 609.222, of 609.223, 609.224, 609.342, 609.343, 609.344; 609.345, _o_1_' 609.713; and

(2) is committed against the victim who is a family or household member as defined in section 518B.O1, subdivision 2, paragraph (b).


609.19 MURDER IN THE SECOND DEGREE. Whoever does eit-her gny of the following is guilty of murder in the second

degree and may be sentenced to imprisonment for not more than 40 years: (1) Causes the death of a human being with intent to effect the death of that

person or another, but without premeditation; er;

(2) Causes the death of a human being, without intent to effect the death of any person, while committing or attempting to commit a felony offense other than criminal sexual conduct in the first or second degree with force or violence; 91

(3) Causes gig death o_f g human being without intent tg effect me death _o_f any person. while intentionally inflicting Q attempting ‘pg inflict bodily h_a_1;n_1_ upon t_h_e_ victim, when _t_l_1_e Lerpetrator i_s restrained under an order Q protec- @ issued under chapter §_l_i§13_ Q91 t_h§ victim i_s a person designated 19 receive protection under _t_h_g _o;‘d_<:r. -

Sec. 7. Minnesota Statutes 1990, section 609.222, is amended to read: 609.222 ASSAULT IN THE SECOND DEGREE. Subdivision _l_. DANGEROUS WEAPON. Whoever assaults another with a

dangerous weapon may be sentenced to imprisonment for not more than seven years or to payment of a fine of not more than $14,000, or both.

Subd. 2; DANGEROUS WEAPON; SUBSTANTIAL BODILY HARM. Whoever assaults another yflh a dangerous weapon gig inflicts substantial gag ily harm x_r_1§y be sentenced Q imprisonment for Q9; _m_o§9 E ten years 9; pg nJ____a ment 9_f 9. £122 o_fr_12t mo_r<2 than _$20.__.000 o_r _b_‘£h_-


Subd. 6 PUBLIC EMPLOYEES WITH MANDATED DUTIES. A person i_s guilty 9;‘ &_1_ gross misdemeanor who:

New language is indicated by underline, deletions by strileeeué.



Q) assaults ap agricultural inspector, child protection worker, public health nurse, g probation 9; parole oflicer while 1h__e employee i_s engaged i_r_1 the performance o_f g duty mandated py law, court order, 9_r ordinance;

Q) knows §lLt flip victim i_s a public employee engaged i_n Q performance _o_l_‘ thp official public duties o_f fig oflice; app

Q) inflicts demonstrable bocg harm. Sec. 9. Minnesota Statutes 1990, section 609.322, is amended to read:

609.322 SOLICITATION, INDUCEMENT AND PROMOTION OF PROSTITUTION.

Subdivision 1. Whoever, while acting other than as a prostitute or patron, intentionally does either of the following may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $40,000, or both:

(1) solicits or induces an individual under the age of -l-3 _1_6 years to practice prostitution; or

(2) promotes the prostitution of an individual under the age of -1-3 _l__6_ years.

Subd. la. Whoever, while acting other than as a prostitute or patron, intentionally does any of the following may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both:

(1) Solicits or induces an individual at least 4-3 l_6_ but less than 4-6 _1_8 years of age to practice prostitution; or

(2) Solicits or induces an individual to practice prostitution by means of force; or

(3) Uses a position of authority to solicit or induce an individual to practice prostitution; or

(4) Promotes the prostitution of an individual in the following circumstances:

(a) The individual is at least -13 _1§ but less than -1-6 _1_8 years of age; or

(b) The actor knows_ that the individual has been induced or solicited to practice prostitution by means of force; or

(c) The actor knows that a position of authority has been used to induce or solicit the individual to practice prostitution.

Subd. 2. Whoever, while acting other than as a prostitute or patron, intentionally does any of the following may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both:




(l)SeHeitserindueesanindi~4dualetleast+6butlessth&n+8yearee£age to praet-iee prostitution: er

9-) Solicits or induces an individual to practice prostitution by means of trick, fraud, or deceit; or

(-3-) (2) Being in a position of authority, consents to an individual being taken or detained for the purposes of prostitution; or

(4) Q) Promotes the prostitution of an individual in the following circumstances:

(a)$heinéivi€lualisatleast+6butlessthan+8yearsefage:er

(la) The actor knows that the individual has been induced or solicited to practice prostitution by means of trick, fraud or deceit; or

(e) (b) The actor knows that an individual in a position of authority has consented to the individual being taken or detained for the purpose of prostitution.

Subd. 3. Whoever, while acting other than as a prostitute or patron, intentionally does any of the following may be sentenced to imprisonment for not more than three years or to payment of a fine of not more than $5,000, or both:

(1) Solicits or induces an individual 18 years of age or above to practice prostitution; or

(2) Promotes the prostitution of an individual 18 years of age or older.

Sec. 10. Minnesota Statutes 1990, section 609.323, is amended to read: 609.323 RECEIVING PROFIT DERIVED FROM PROSTITUTION. Subdivision 1. Whoever, while acting other than as a prostitute or patron,

intentionally receives profit, knowing or having reason to know that it is derived from the prostitution, or the promotion of the prostitution, of an individual under the age of +3 Q years, may be sentenced to imprisonment for not more than 15 years or to payment of a fine of not more than $30,000, or both.

Subd. la. Whoever, while acting other than as a prostitute or patron, intentionally receives profit, knowing or having reason to know that it is derived from the prostitution, or the promotion of the prostitution, of an individual in circumstances described in section 609.322, subdivision la, clause (4), may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both. '

Subd. 2. Whoever, not related by blood, adoption, or marriage to the prostitute, while acting other than as a prostitute or patron, intentionally receives profit, knowing or having reason to know that it is derived from the prostitution, or the promotion of the prostitution, of an individual in circumstances




described in section 609.322, subdivision 2, clause (4) Q) may be sentenced to not more than three years imprisonment or to payment of a fine of not more than $5,000, or both.

Subd. 3. Whoever, not related by blood, adoption, or marriage to the prostitute, while acting other than as a prostitute or patron, intentionally receives profit, knowing or having reason to know that it is derived from the prostitution, or the promotion of the prostitution of an individual 18 years of age or above may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.

Subd. 4. This section does not apply to the sale of goods or services to a prostitute in the ordinary course of a lawful business.


amended to read:

Subdivision 1. PERSONS GUILTY OF NEGLECT OR ENDANGER- MENT. The following people are guilty of neglect or endangerment of a child and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.

(a) NEGLECT. (1) A parent, legal guardian, or caretaker who willfully deprives a child of necessary food, clothing, shelter, health care, or supervision appropriate to the child’s age, when the parent, guardian, or caretaker is reasonably able to make the necessary provisions and the deprivation substantially harms g i_s likely Q substantially l1a_r_m_ the child’s physical or emotional health is guilty of neglect of a child. If a parent, guardian, or caretaker responsible for the child’s care in good faith selects and depends upon spiritual means or prayer for treatment or care of disease or remedial care of the child, this treatment or care is “health care,” for purposes of this clause.

(2) A parent, legal guardian, or caretaker who knowingly permits the continuing physical or sexual abuse of a child is guilty of neglect of a child.

(b) ENDANGERMENT. A parent, legal guardian, or caretaker who endan- gers the child’s person or health by;

Q) intentionally causing or permitting a child to be placed in a situation likely to substantially harm the child’s physical or mental health or cause the child’s death; 9;

Q) knowingly causing 9_r permitting th_e_ child jag lgg present where gryy @_r_- so_n g selling gr possessing g controlled substance, a_s defined i_n section 152.01, subdivision 3, E violation Q‘ section 152.021, 152.022, 152.02; g 152.0% is guilty of child endangerment.

This paragraph does not prevent a parent, legal guardian, or caretaker from causing or permitting a child to engage in activities that are appropriate to the

New language is indicated by underline, deletions by st-r-i-la-L-out.



child’s age, stage of development, and experience, or from selecting health care as defined in subdivision 1, paragraph (a).

Sec. 12. REPORT ON CRIMINAL FINE ASSESSMENTS. _l§y December 3_l, 1992, flip state court administrator s_h_2_1_ll report th_e results

o_f th_e conference pf el_yi_e_f judges f1_l’_l§ management study t_o _t_h_e chairs Q‘ gig house §n_d senate iudiciary committees. Ig report shall include E following information:

(_I_) data _o_n file total amount 91' fines imposed pp persons convicted o_f misdemeanor, gross misdemeanor, a_nc_l felony offenses pi each judicial district;

(2) flip current status pf §n_e collection i_n each court ip Minnesota, including amounts in a receivable status and an evaluation of the probability pf collection;

Q) _21I_1 evaluation pf various flip collection strategies, including pile results pf pilot _fi_rye collection projects; egg

(:1) tfi policies _a_n_q gocedures adopted py tfi conference Q g1_ result 9_f ;l_1_e study §l_1_a_t a_re expected t_o improve jtge collection pf fines.

Sec. 13. EFFECTIVE DATE. Sections _1_ t_o _l_1_ _ar_e effective August L 1992, fig apply t_o crimes commit-

ge_d g; Q; after gap date.

ARTICLE 5

CRIME VICTIMS Section 1. Minnesota Statutes 1990, section l35A.l5, is amended to read: l35A.l5 SEXUAL HARASSMENT AND VIOLENCE POLICY. Subdivision L POLICY REQUIRED. The governing board of each public

pesvseeenéaryl system and eaeh public pest-seeendary shall t_e_<:hii<:;a1_l college, community college, 91; §% university glyeflj epg jtfi University o_f l\_/fin; nesota ie reguested 394 adopt a clear, understandable written policy on sexual harassment and sexual violence th_at_ informs victims o_f their rights under $2 crime victims Ifl pf rights, including plge r_igl_11 t_o assistance fLo_m_ th_e crime \_/jg Qty reparations board ep_d_ fie pfig p_t_‘tl1_e crime victim ombudsman. The policy must apply to students and employees and must provide information about their rights and duties. ilk policy must apply t_o criminal incidents occurring Q; property owned lyy the post-secondapy system o_r institution i_n; which t_l_1_e victim i_s _5:_l_ student o_r employee pf gay system Q‘ institution. It must include procedures for reporting incidents of sexual harassment or sexual violence and for disciplinary actions against violators. During student registration, each publie pest-seeendary shall technical college, community college, 9; state

New language is indicated by underline, deletions by st-pi-leeeut.



university _g_1a_ll; _a_pc_l t_l1e_ University pf Minnesota _i§ requested _t9_; provide each student with information regarding its policy. A gppy o_f'thp policy 2_1_l_s_9_ _sl1_al_l _b_e posted gg appropriate locations Q campus a_t Q times. Each private post- secondary institution that enrolls students who receive state financial aid must adopt a policy that meets the requirements of this section. The higher education coordinating board shall coordinate the policy development of the systems and institutions and’ periodically provide for review and necessary changes in the policies.

Subd. A VICTIMS’ RIGHTS. Ill; policy reguired under subdivision l shzfl, a_t g minimum, require that students gig employees peiinformed o_f ’th_e policy; a_ng shall include provisions fg

Q) filing criminal charges with local @ enforcement oflicials i_n sexual assault cases;

(2) t_h_e prompt assistance o_f campus authorities, a_t th_e reguest _<_)_f_' E victim; ip notifying th_e appropriate @ enforcement officials _a1_1g disciplinary authori- ’_t_i_c§ o_f g sexual assault incident;

Q) pp investigation and resolution 9_f Q sexual assault complaint py campus disciplinagy authorities;

(5) g sexual assault victim’s participation ir_i and Qg presence o_f ge;victim’s attorney 9_r other support person a_t ar_1y campus disciplinagy proceeding concern- mg g sexual assault complaint; A

Q) notice t_o a_t sexual assault victim p1'tl1_e outcome o_f ggy camnus disciplin- _a_1;y proceeding concerning a sexual assault complaint; consistent with laws relat- _ipg t_o data practices;

(Q Q; complete'g1_d prompt assistance o_f camjg authoritiep, a_t jthg direction pf law enforcement authorities, i_n obtaining securing and maintaining evidence i_r; connection with Q sexual assault incident;

(1) tip assistance pf campus authorities i_n preserving Q g sexual assault complainant 95 Victim materials relevant t_o a campus disciplinagy proceeding; £n_d

Q) _t_h_e assistance 91‘ campus personnel, i_n_ cooperation w_i_tp tfi appropriate @ enforcement authoritieg a_t; g sexual assault victim’s reguest; i_n shielding 115 victim fin unwanted contact v_vitl_1 th_e alleged assailant, including transfer pf pig victim ftp alternative classes g t_o alternative college-owned housing; i_t"21lti; native classes pg housing a_r_e available aii feasible.

Sec. 2‘. Minnesota Statutes 1990, section 260.155, is amended by adding a subdivision to read:

Subd. _1_Q RIGHT OF ALLEGED VICTIM T0 PRESENCE OF SUP- PORTIVE PERSON. Notwithstanding apy provision o_f subdivision 1 t_o th_e contragy; _ip gy delinauency proceedingg i_n which ;l_1§ alleged victim o_f t_h§




___qde1in __uent 221 is ___>'_gt<=stif‘ in i_n ___icourt 115 E my d12o_se t_o 11.2112 a sunaczrtm person who i_s {gt scheduled Q pp _a witness i_r_1 the proceedings, present during tl1_e testimony pf file victim.


Subd. 4. COURT ORDER. (a) In a proceeding in which a child less than ten _l__2 years of age is alleging, denying, or describing;

(_l_) an act of physical abuse or an act of sexual contact or penetration performed with or on the child p_r_ Q11 other person by another; 9_1_'

Q) pp a_ct ;h_at constitutes ‘Q crime o_f violence committed against thg child _9_1; gpy gtfl person, the court may, upon its own motion or upon the motion of any party, order that the testimony of the child be taken in a room other than the courtroom or in the courtroom and televised at the same time by closed- circuit equipment, or recorded for later showing to be viewed by the jury in the proceeding, tg minimize th_e trauma t_o the ghifl _o_f testifying’ ip fire courtroom setting a_n_gl, where necessary, Q provide a_ setting more amenable Lg securing gt; child witness's uninhibited, truthful testimony.

(b) At the taking of testimony under this subdivision, only the judge, the attorneys for the defendant and for the state, any person whose presence would contribute to the welfare and well-being of the child, persons necessary to operate the recording or closed-circuit equipment and, in a child protection proceeding under chapter 260 or a dissolution or custody proceeding under chapter 518, the attorneys for those parties with a right to participate may be present with the child during the child’s testimony.

(c) The court shall permit the defendant in a criminal or delinquency matter to observe and hear the testimony of the child in person. If the court, upon its own motion or the motion of any party, deter-mines fi_n_c_1_§ ip a hearing conducted outside tlig presence 9_ffl1_e jury. that the presence of the defendant during testimony taken pursuant to this subdivision would psychologically traumatize the witness so as to render the witness unavailable to testify, the court may order that the testimony be taken in a manner that:

(1) the defendant can see and hear the testimony of the child in person and communicate with counsel, but the child cannot see or hear the defendant; or

(2) the defendant and eh-i-ld ean view each other _c_ap E app hear _t_l§ testimony pf t_l_1g child by video or television monitor from Q separate reams room p1_1_c1 communicate with counsel, b_1p tile child cannot gg _o_r hear t_l1§ defendant.

(9) As used ip tli subdivision, “crime o_f violence” E t_h§ meaning given it i_n_ section 624.712, subdivision Q, 2_1p_d includes violations pf section 609.26.

Sec. 4. Minnesota Statutes 1990, section 6llA.03, subdivision 1, is amended to read:

New language is indicated by underline, deletions by st-ri-leeeat-.



Subdivision 1. PLEA AGREEMENTS; NOTIFICATION OF VICTIM. Prior to the entry of the factual basis for a plea pursuant to a plea agreement recommendation, a prosecuting attorney shall make a reasonable and good faith effort to inform the victim of:

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

(b) The right to be present at the sentencing hearing and to express orally g in writing, a_t gig 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.

Sec. 5. Minnesota Statutes 1990, section 61 lA.O34, is amended to read:

61 lA.O34 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, §1_1_(_:l_1 gg increased bailiff surveillance a_mi_ victim escorts.

Sec. 6. Minnesota Statutes 1990, section 6l1A.04, subdivision 1, is

amended to read:

Subdivision 1. REQUEST; DECISION. (a) A victim of a crime has the right to request that receive "restitution be eonsidereel as part of the disposition of a criminal charge or juvenile delinquency proceeding against the offender i_f t_lye_ offender i_s convicted jg; found delinguent. The request for restitution shah bemaéebytheuiefiminwfltmgina-fliémdtfoan:Therequestgo31_L9;gpe_r_; §o_n g agency designated by Q coug, request information from th_e victim t_o determine gig amount o_f restitution owed. '_I‘_l;g <:o_ug 9; it_s designee obtain t_h_e information from Q13 victim jg aflidavit form. Information submitted relating t9_ 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 the request is for monetary restitution i_s_ jg glle gf_‘ 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, and funeral expenses. In order to be considered by the eoufi; the request a_t Q15; sentencing o_r dispositional h_ez& illg, a_ll information ggarding restitution must be received by the court administrator of the appropriate court at least three business days before the senteneiu-g or hearing: The eou-rt administrator sha-l-l provide eopies of this mquesttothepmseeutoranétheofiehderatleast34houfibeforethesentenemg

New language is indicated by underline, deletions by stri-leeout.



er hearing gpg must al_so pg provided t_o fie 9_fl‘<;r_ici£ £11 l_e_2_:s_t three business days before t_h_e sentencing pg dispositional" hearing. _I_f_' tl_1§ victim’s non- cooperation prevents tpe court g it_s designee from obtaining competent gyi; dence regarding restitution, fie court i_s n_ot obligated t_g consider information regarding restitution ir_1 _t_l_1§ sentencing g dispositional hearing; 51 thp sentenc- ipg g dispositional hearing, the court shall gi_y§ th_e offender pp opportunity t_o respond _t__q specific items pf restitution _ap_d their dollar amounts.

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

(1) the offender is on probation or supervised release;

(2) a request for information regarding restitution is filed by the vietiam er preseeuter in affidavit fer-m _wg§ submitted as required under paragraph (a); and

(3) the true extent of the victim’s loss was not known at the time of the sen— tencing or dispositional hearing.

If the court holds a hearing on the restitution request, the court must notify the offender, the offender’s attorney, the victim, and the prosecutor at least five business days before the hearing. The court’s restitution decision is governed by this section and section 61 lA.045.

(c) The court shall grant or deny restitution or partial restitution and shall state on the record its reasons for its decision on restitution if a request for restitution has been made information relating tp restitution hag 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.

Sec. 7. Minnesota Statutes 1990, section 6l1A.O4, subdivision la, is amended to read:

Subd. la. CRIME BOARD REQUEST. The crime victims reparations board may request restitution on behalf of a victim by filing a copy of a claim for reparations submitted under sections 61lA.52 to 61 lA.67, along with orders of the board, if any, which detail any amounts paid by the board to the victim. IE board may fig t_h_e claim w_rc_h t_h_e_ gpppt administrator pg w_it_l3 tg person o_r agency t_h_e_ court hag designated tp obtain information relating _t_o_ restitution. I_r3 either event, thp board @111 submit t_h_e claim n_ot l_es_s g1a_n tl1_1e_e business gi1v_s_ before th_e sentencing gr dispositional hearirgg, I_f th_e board submits tl1_e claim directly t_o t_lgg court administrator, _i_t_ s_ha_ll 1139 provide g gpy tp _t_h_e offender. The filing of a claim 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, restitution may be made directly to the victim. If the board has paid reparations to the victim, the court shall order restitution payments to be made directly to the board.

New language is indicated by underline, deletions by stri-keeut.



Sec. 8. Minnesota Statutes 1990, section 61lA.52, subdivision 6, is

amended to read:

Subd. 16. 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 Q) the person engaging in the conduct lacked capacity to commit the crime under the laws of this state; 9_r (Q) Q; a_ct \_N§_S alleged _o_r found t_o h_a_\_/g lLeg committedy a juvenile.

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

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

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

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

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

Sec. 9. [61lA.76] CRIME VICTIM SERVICES ‘TELEPHONE LINE. The commissioner o_f public safm shall operate Q least Q statewide toll-

free 24-hour telephone li_n§ Q th_e purpose 9f provicmig crime victims with referrals Q victim services and resources. 1

Sec. 10. [611A.77] MEDIATION PROGRAMS FOR CRIME VICTIMS AND OFFENDERS. I

Subdivision _1_. GRANTS. _'1‘l1_e gage court administrator flgl award grants t_q nonprofit organizations 39 create 91; expand mediation programs Q crime victims _e_1£d_ offenders. Q purposes gg" g1_i_s sectiog “offender” means an adult charged wig 3 nonviolent crime 9;‘ a juvenile grim respect t_o whom a petition Q delinguency gs l_:\_e<e_n f1_l_e_d _i_r_1 connection fig _a nonviolent offense, g_r_1_d

“nonviolent crime” Q51 “nonviolent offense” exclude a_ny offense _ip_ which th_e




victim i§ p family 9; household member, Q defined ip section 518B.01, subdivision A

Subd. 2. PROGRAMS. Ih_e state court administrator shall award grants t_o_ further th_e following goals:

Q) t_o_ expand existing mediation programs fl)_r crime victims app juvenile offenders 19 also include adult offenders;

Q) 19 initiate victim~ofl‘ender mediation programs ip areas that have _r_1p victim-olfender mediation programs;

Q) Q expand th_e opportunities Q crime victims _t_p 3 involved ip tfi crim- ip§_1 justice process;

(5) tp evaluate t_l_1g effectiveness o_f victim-oifender mediation programs Q reducing recidivism and encouraging t_l1<e_ payment pf court-ordered restitution; and

Q) t_o_ evaluate ‘th_e satisfaction o_f victims who participate i_p fry mediation programs.

Subd. _3:_. MEDIATOR QUALIFICATIONS. _'l"_l1<:_ state court administrator shall estabgsp criteria t_o ensure Qa_t mediators participating i_n flip program gig gualified.

Subd. fl) MATCH REQUIRED. A nonprofit organization may pot receive g grant under mp section unless fig group pas raised z_1 matching amount from other sources.

Sec. 11. EFFECTIVE DATE.

ARTICLE 6

DOMESTIC ABUSE AND HARASSMENT

Section 1. [480.30] JUDICIAL TRAINING ON DOMESTIC ABUSE. :I‘_h§ supreme couIt’s iudicial education program Q domestic abuse must

include ongoing training Q district Qppt judges pp domestic abuse lals a_rp1_ related piy_il @ criminal court issues. T_lw program must include education pp Q causes pf family violence g1_(_l culturally responsive approaches t_o sewing victims. _T_h_e program mpg emphasize fie need Q gig coordination o_f §_(EI_”_t z_1r_1_d Egg victim advocacy services fig include education pp domestic abuse

New language is indicated by underline, deletions by str-ileeeut.



programs gig policies within Ltv_v enforcement agencies fig prosecuting authori- tie_s Q fill _a_s E court system.

Sec. 2. Minnesota Statutes 1991 Supplement, section 518B.Ol, subdivision 3a, is amended to read:

Subd. 3a. FILING FEE. The filing fees for an order for protection under this section are waived for the petitioner. '_l‘_l§ ggg administrator a_ng theE Q‘ 9_f_' Q1 county state §h_a_l_l perform their duties relating t_o_ service o_f mg ggsg without charge 12 gig petitioner. The court shall also direct payment of the reasonable costs of service of process in the manner provided in seet-ion 563-.-9-1-, whether served by a sher-i-ff‘; g served by _a private process server; flea @ s_h_er_- i_fIi§ uI1av_ai_|al&=. or Lfssrm i_s.II&1s=.by publication; _vm1i9_u_t mu_i@stE p_et_i; tioner 19 make application under section 563.01 .' The court may direct a respondent to pay to the court administrator the petitioner’s filing fees and reasonable costs of service of process if the court determines that the respondent has the ability to pay the petitioner’s fees and costs.

Sec. 3. Minnesotanstatutes 1991 Supplement, section 518B.Ol, subdivision 4, is amended to read:

Subd. 4. ORDER FOR PROTECTION. There shall exist an action known as a‘ petition for an order for protection in cases of domestic abuse.

(a) A petition for relief under this section may be made by any family or household member personally or on behalf of minor family or household members.

(b) A petition for relief shall allege the existence of domestic abuse, and shall be accompanied by an affidavit made under oath stating the specific facts and circumstances from which relief is sought.

(c) A petition for relief must state whether there is an existing order for protection in effect under this chapter governing both the parties and whether there is a pending lawsuit, complaint, petition or other action between the parties under chapter 257, 518, 518A, 518B, or 518C. The clerk of court shall verify the terms of any existing order governing the parties. The court may not delay granting relief because of the existence of a pending action between the parties or the necessity of verifying the terms of an existing order. A subsequent order in a separate action under this chapter may modify only the provision of an existing order that grants relief authorized under subdivision 6, paragraph (a), clause (1). A petition for relief may be granted, regardless of whether there is a pending action between the parties.

(d) The court shall provide simplified forms and clerical assistance to help with the writing and filing of a petition under this section.

(e) The court shall advise a petitioner under clause (d) of the right to file a motion and affidavit and to sue in forma ‘pauperis pursuant to section 563.01 and shall assist with the writing and filing of the motion and aflidavit.

New language is indicated by underline, deletions by stri-leeeat.


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LAWS of MINNESOTA for 1992 Ch. 571, Art. 6

(f) The court shall advise a petitioner under clause ((1) of the right to serve the respondent by published notice under subdivision 5, paragraph (b), if the respondent is avoiding personal service by concealment or otherwise, and shall assist with the writing and filing of the affidavit.~

~ (g) Illg court shall advise th_e petitioner o_f the right to seek restitution under

fig petition E relief.~

Sec. 4. Minnesota Statutes 1991 Supplement, section 5l8B.Ol, subdivision 6, is amended to read:

~ Subd. 6. RELIEF BY THE COURT. (a) Upon notice and hearing, the

court may provide relief as follows:

(1) restrain the abusing party from committing acts of domestic abuse; ~~ (2) exclude the abusing party from the dwelling which the parties share or

from the residence of the petitioner; ~~

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(3) award temporary custody or establish temporary visitation with regard to minor children of the parties on a basis which gives primary consideration to the safety of the victim and the children. Except fg cases i_n which custody i_s contested, findings under section 257.025, 518.17, or 518.175 a_re n_o_t_ reguired. If the court finds that the safety of the victim or the children will be jeopardized by unsupervised or unrestricted visitation, the court shall’ condition or restrict visitation as to time, place, duration, or supervision, or deny visitation entirely, as needed to guard the safety of the victim and the children. The court’s deliber- ation under this decision o_n custody gg visitation shall in no way delay the issuance of an order for protection granting other reliefs provided for in Laws -l-98-5; ehapter -l-9-5 its section;

(4) on the same basis as is provided in chapter 518, establish temporary support for minor children or a spouse, and order the withholding of support from the income of the person obligated to pay the support according to chapter 518;

(5) provide upon request of the petitioner counseling or other social services for the parties, if married, or if there are minor children;

(6) order the abusing party to participate in treatment or counseling services;

(7) award temporary use and possession of property and restrain one or both parties from transferring, encumbering, concealing, or disposing of property except in the usual course of business or for the necessities of life, and to account to the court for all such transfers, encumbrances, dispositions, and expenditures made after the order is served or communicated to the party restrained in open court;

(8) exclude the abusing party from the place of employment of the peti-




tioner, or otherwise limit access to the petitioner by the abusing party at the petitioner’s place of employment; and

(9) order t_h_e abusing party 33 gy restitution _t_g fie petitiori‘; a_nd (10) order, in its discretion, other relief as it deems necessary for the protec-

tion of a family or household member, including orders or directives to the sher- ifl‘ or constable, as provided by this section.

(b) Any relief granted by the order for protection shall be for a fixed period not to exceed one year, except when the court determines a longer fixed period is appropriate.

(c) An order granting the relief authorized in paragraph (a), clause (1), may not be vacated or modified in a proceeding for dissolution of marriage or legal separation, except that the court may hear a motion for modification of an order for protection concurrently with a proceeding for dissolution of marriage upon notice of motion and motion. The notice required by court rule shall not be waived. If the proceedings are consolidated and the motion to modify is granted, a separate order for modification of an order for protection shall be issued.

(d) An order granting the relief authorized in paragraph (a), clause (2), is not voided by the admittance of the abusing party into the dwelling from which the abusing party is excluded. .

(e) If a proceeding for dissolution of marriage or legal separation is pending between the parties, the court shall provide a copy of the order for protection to the court with. jurisdiction over the dissolution or separation proceeding for inclusion in its file.

Q) Q order Q restitution issued under thi_s subdivision i_s_ enforceable ag civil judgment. ‘

Sec. 5. Minnesota Statutes 1990, section 5l8B.0l, subdivision 7, is

amended to read:

Subd. 7. TEMPORARY ORDER. (a) Where an application under this section alleges an immediate and present danger of domestic abuse, the court may grant an ex parte temporary order for protection, pending a full hearing, and granting relief as the court deems proper, including an order:

(1) restraining the abusing party from committing acts of domestic abuse;

(2) excluding any party from the dwelling they share or from the residence of the other except by further order of the court; and

(3) excluding the abusing party from the place of employment of the petitioner or otherwise limiting access to the petitioner by the abusing party at the petitioner’s place of employment.

New language is indicated by underline, deletions by st-r-i-leeeut.


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2031 ,LAWS of MINNESOTA for 1992 Ch. 571, Art. 6

(b) A finding py flip court that there is g basis _fo_r issuing Q p7_(_ parte tempo- ra1_'y order _fp_r protection constitutes g finding that sufficient reasons exist n_ot t9_ require notice under applicable court rules governing applications §o_r e_x parte temporagy relief.

(9) An ex parte temporary order for protection shall be effective for a fixed period not to exceed 14 days, except for good cause as provided under paragraph (e) (Q). A full hearing, as provided by this section, shall be set for not later than seven days from the issuance of the temporary order. The respondent shall be served forthwith a copy of the ex parte order along with a copy of the petition and notice of the date set for the hearing.

(e) (Q) When service is made by published notice, as provided under subdivision 5, the petitioner may apply for an extension of the period of the ex parte order at the same time the petitioner files the aflidavit required under that subdivision. The court may extend the ex parte temporary order for an additional period not to exceed 14 days. The respondent shall be served forthwith a copy of the modified ex parte order along with a copy of the notice of the new date set for the hearing.

Sec. 6. Minnesota Statutes 1990, section 518B.01, subdivision 13, is amended to read:

Subd. l3. COPY TO LAW ENFORCEMENT AGENCY. (3) An order for protection granted pursuant to this section shall be forwarded by the court administrator within 24 hours to the local law enforcement agency with jurisdiction over the residence of the applicant.

Each appropriate law enforcement agency shall make available to other law enforcement officers through a system for verification, information as to the existence and status of any order for protection issued pursuant to this section.

(p) 1ft_h_e applicant notifies pip; ppprg administrator o_f 9 change i_n t_lie_ applicant’s residence E tlit g different local Q enforcement agency fig iurisdiction E fry residence, tl1_e order fig; protection must Q forwarded py tpg Qt_i_r_t_

administrator 19 t_l_ip pew law enforcement agency within 2_4 hours o_f tpe notice. I_f _t_l_'£ applicant notifies tpe E Q enforcement agency t_h_a1 _ap order fig@ tection l1_a§ been issued under grip section a_ng thp applicant @ established p Q residence within pig agency’s iurisdiction, within gg hours _t_he_ local lpw enforcement agency §_lya_ll reguest p gppy pf tl1_e order E protection fig E court administrator jp file county t_l_1pt issued L13 order.

(p) When _a_p order Q protection i_s granted, th_§ applicant [pg pp orderQ protection must 13 told py _tl1_e court that:

Q) notification pf p change i_n residence should Q given immediately t_o th_e court administrator and _t_o_ tfi local l_a_v\_/ enforcement agency having jurisdiction over t_h_e_ new residence o_fQ1p applicant;

New language is indicated by underline, deletions by st-r-i-leeeat.



(_2_) L15 reason Q notification pf p chang i_n residence _i_§ pg forward Q order @ protection t_o t_h_e proper Q enforcement agency; _e_1_n£1

Q) th_e o_r51_9_r_ Q‘ protection mu_st Q forwarded t_o th_e Q enforcement agency having 1' risdiction E tfi E residence within E hours o_f notifica- tio_n o_f g change i_n residencp, whether notification i_s given 19 t_h_e court administrator 9; t_o 1:l1_eAlocal _l_a;_av enforcement agency having iurisdiction E ;h_e_ applicant’s n_<:\_v residence.

Ap order Q protection i_s enforceable even i_f flip applicant does 1_1_o_t notify t_lg;e_ court administrator p_r_ tlg appropriate @ enforcement agency o_f Q change in residence.

S‘

Sec. 7. Minnesota Statutes 1991 Supplement, section 5l8B.0l, subdivision 14, is amended to read:

Subd. 14. VIOLATION OF AN ORDER FOR PROTECTION. (a) When- ever an order for protection is granted pursuant to this section, and the respondent or person to be restrained knows of the order, violation of the order for protection is a misdemeanor. Upon conviction, the defendant must lg sentenced Q a_ minimum 9_f three gy_s imprisonment QC; must lg ordered tp participate Q counseling 9; other appropriate programs selected l_)y ‘pile court. I_f Q court stays imposition g execution 9_1"-tl1_e jg_i_l sentence fld gpg defendant refuses g @ t_o comply wit_h th_e court’s treatment order, LIE court must impose Ed execute t;h_e stayed ja_il sentence. A person who violates this paragraph within two years after a previous conviction under this paragraph g within py_(_)_ yeti @ 9; previous conviction under § similar le_1_vy pf another s_t_2p§, is guilty of a gross misdemeanor. Wheneeeafisenteneesaperseneeaviétedefagremmiséemeeneranddeesnet inapeseaperiedefinefieemfiemttheeeafishaflmakefiadingseathereeerd

‘ the reasons for not requiring Upon conviction £13 defendant must 3 sentenced tp a_t minimum o_f@ Q3 imprisonment g1n_d mist lg ordered 39 participate Q counseling gr other appropriate programs selected by th_e court. Notwithstanding section 609.135, th_e court must impose fig pig _<_;pt_e th_e minimum sentence provided i_r_1_ tpi_s paragraph _f_‘(_)_1_‘ gross misdemeanor convictions.

(b) A peace officer shall arrest without a warrant and take into custody a person whom the peace officer has probable cause to believe has violated an order granted pursuant to this section restraining the person or excluding the person from the residence or the petitioner’s place of employment, even if the violation of the order did not take place» in the presence of the peace officer, if the existence of the order can be verified by the officer. Lire person pfil pp@ i_n custody fgg a_t leit ;6_ hours, excluding t_l;§ gy o_f arrest, Sundays, E h_o_l_i_; days, unless E person i_s released earlier py 3 judge g judicial officer. A peace ofiicer acting in good faith and exercising due care in making an arrest pursuant to this paragraph is immune from civil liability that might result from the ofiicer’s actions.

(c) A violation of an order for protection shall also constitute contempt of court and be subject to the penalties therefor.




(d) If the court finds that the respondent has violated an orderyfor protection and that there is reason to believe that the respondent will commit a further violation of the provisions of the order restraining the respondent from committing acts of domestic abuse or excluding the respondent from the petitioner’s residence, the court may require the respondent to acknowledge an obligation to comply with the order on the record. The court may require a bond sufficient to deter the respondent from committing further violations of the order for protection, considering the financial resources of the respondent, and not to exceed $10,000. If the respondent refuses to comply with an order to acknowledge the obligation or post a bond under this paragraph, the court shall commit the respondent to the county jail during the term of the order for protection or until the respondent complies with the order under this paragraph. The warrant must state the cause of commitment, with the sum and time for which any bond is required. If an order is issued under this paragraph, the court may order the costs of the contempt action, or any part of them, to be paid by the respondent. An order under this paragraph is appealable.

(e) Upon the filing of an affidavit by the petitioner, any peace oflicer, or an interested party designated by the court, alleging that the respondent has violated any order for protection granted pursuant to this section, the court may issue an order to the respondent, requiring the respondent to appear and show cause within 14 days why the respondent should not be found in contempt of court and punished therefor. The hearing may be held by the court in any county in which the petitioner or respondent temporarily or permanently resides at the time of the alleged violation. The court also may refer the violation of the order for protection to the appropriate prosecuting authority for possible prosecution under paragraph (a).

(f) If it is alleged that the respondent has violated an order for protection issued under subdivision 6 and the court finds that the order has expired between the time of the alleged violation and the court’s hearing on the violation, the court may grant a new order for protection under subdivision 6 based solely on the respondent’s alleged violation of the prior order, to be effective until the hearing on the alleged violation of the prior order. If the court finds that the respondent has violated the prior order, the relief granted in the new order for protection shall be extended for a fixed period, not to exceed one year.

(g) The admittance into petitioner's dwelling of an abusing party excluded from the dwelling under an order for protection is not a violation by the petitioner of the order for protection.

A peace oflicer is not liable under section 609.43, clause (1), for a failure to perform a duty required by clause (b).

Sec. 8. Minnesota Statutes 1990, section 518B.0l, is amended by adding a subdivision to read:

Subd. Q, STATEWIDE APPLICATION. 51; order f9_r protection granted under E section applies throughout fl1_i§ state.




See. 9. Minnesota Statutes 1990, section 5l8B.0l, is amended by adding a subdivision to read:

Subd. __2_l, ORDER FOR PROTECTION FORMS. % state court administrator, Q consultation with the advisory council Q battered women, c_ityE county attorneys, arLd_ legal advocates who work with victimg shall develop a uniform order for protection form that wfl facilitate t_h_e consistent enforcement 91" orders @ protection throughout the state.


Subd. __l_4_. ELECTRONIC MONITORING DEVICE. _/}_s_ ugd i_n sections 609.135, subdivision 5_a, 61 lA.07, @ 629.72, subdivision 22;, “electronic monitoring device” means a radio frequency transmitter git tl1_at i_s yv_(_)Ln a_t a_ll £35 Q Q13 person gf _a defendant in conjunction wit_h a receiver git that i_s located i_n Q victim’s residence or £1 _th_e victim’s person. 1 receiver u_ni_t emits a_n audible a_n_d visible signal whenever fie defendant E a transmitter git comes within _a designated distance from tl1_e receiver unit.


amended to read:

Subd. 5. If a person is convicted of assaulting a spouse or other person with whom the person resides, and the court stays imposition or execution of sentence and places the defendant on probation, the court may m1_1s_t condition the stay upon the defendant’s participation in counseling or other appropriate programs selected by the court.


Subd. E DOMESTIC ABUSE VICTIMS; ELECTRONIC MONITOR- ING. fa) Q1_til gig commissioner o_f corrections E adopted standards governing electronic monitoring devices get; to protect victims of domestic abuse, fig court, Q a condition o_f g fly gg‘ imposition gr execution o_fz'_1 sentence, gay n_ot order an offender convicted o_f a crime described Q paragraph (b) to _1§g a_nE tronic monitoring device t_o protect a_t victim’s safety.

(b) This subdivision applies t_o tfi following crimes, i_f committed by tl1_e defendant against §._ fang g household member Q defined i_1_1_ section 518B.01, subdivision Q»

(_l_) violations o_f orders Q protection issued under cha ter 518B‘, Q) assault i_n th_e first, second, thig g @ degree under section 609.221,

609.222, 609.223, 9_r_ 609.224;

Q) criminal damage t_o_ property under section 609.595;

New language is indicated by underline, deletions by strikeeut.



L4) disorderly conduct under §_e_ct_ip_r_i_ 609.72;

(5) harassing telephone _c__a_ll§ under section 609.79;

(6) burglary under section 609.582;

(1) trespass under section 609.605;

(SQ criminal sexual conduct i_n Q first, second, third, fourth, 9_r @ degree under section 609.342, 609.343, 609.344, 609.345, 9_1; 609.3451; an_d

(2) terroristic threats under section 609.713.

(Q) Notwithstanding paragraph Q)‘, @ judges i_r_1 t_h_e ‘Qep_tl1_ judicial district mg order, Q_s_ Q condition o_f Q spay 9_f imposition pg execution o_f Q sentence, Q defendant convicted _o_f Q crime described Q; paragraph (b), tp ll_S§_ Qp electronic monitoring device _tp protect th_e victim’s safety. flg judges M gj_l<_e_ _(_13._t2l_ o_n mg pg o_f electronic monitoring devices t<_) protect Q victim’s safety i_n fie judicial district available 19 ’ch_e commissioner pf corrections _tp evaluate Qng tp Qig i_n development 91' standards fig; _t_l_1_e Qsp pf devices t_o_ protect victims pf domestic abuse.


Subd. 2. GROSS MISDEMEANOR. (a) Whoever violates the provisions of subdivision 1 against the same victim within five years of a previous conviction under subdivision 1 or, sections 609.221 to 609.2231, pr ggy similar l_ayv_ <_)_t_‘

another _s_tQt_e_, may be sentenced to imprisonment for not more than one year or to a payment of a fine of not more than $3,000, or both.

(b) Whoever violates the provisions of subdivision 1 within two years of a previous conviction under subdivision 1 or sections 609.221 to 609.2231 may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.


Subd. 2. INTRUSION ON PRIVACY. A person who, with the intent to harass, abuse, or threaten another, repeatedly follows or pursues another, after being told not to do so by the person being followed or pursued, is guilty of a misdemeanor. A person is guilty pf Q gross misdemeanor who:

(_I_) violates t_h§ subdivision within two years after Q previous conviction under this subdivision _(_)_l_‘ section 609.224; 53

Q) violates ;h;'s subdivision against t_h3 same victim within E years after Q previous conviction under gs subdivision pg section 609.224.


New language is indicated by underline, deletions by strikeeu-t.



Subd. 3. CONTENTS OF PETITION; HEARING; NOTICE. (a) A petition for relief must allege facts sufficient to show the following:

(1) the name of the alleged harassment victim;

(2) the name of the respondent; and

(3) that the respondent has engaged in harassment.

The petition shall be accompanied by an afiidavit made under oath stating the specific facts and circumstances from which relief is sought. The court shall provide simplified forms and clerical assistance to help with the writing and filing of a petition under this section and shall advise the petitioner of the right to sue in forma pauperis under section 563.01. Upon receipt o_f t_l_1_e petition, gt; §_:9pr_g §1L11__0rder§__£;hearin _.Whi°h .I&!h§@L12£1_alfl£1mfl %X§ £r.92t11_e %g" th_e order. Personal service must pp made upon th_e respondent n_ot l_e_s_§ t_l_1pp _fiv_e _d_ay§ before ;h_e hearing. I_f personal service cannot pg completed i_n gn_e t_o giv_e t_h_§ respondent t_h_e minimum notice required under Es paragraph, tl'1_e court

my Let 9 M ._gheari‘n data ’

’

(Q) Notwithstanding paragraph (pl. mg order E a_ hearing‘ @ a tempora1_'y order issued under subdivision fl may pp served Q th_e respondent l_3y means pf a one-week published notice under section 645.11,

Q) th_e petitioner files pp affidavit with pl_i_e_ court stating that Q attempt gt; personal service made py a sheriff wa_s unsuccessful because th_e respondent i_s

avoiding service py concealment 9_1_' otherwise;Q Q.) a copy o_f"tl1_e petition Q order Q hearing 31151 g1_1_y temp’ oragy restrain-

ipg order @ been mailed _tp Q; respondent a_t pip respondent’s residence 9_r fie respondent’s residence _i§ E known t_o _t_h_§_ petitioner.


Subd. 4. TEMPORARY RESTRAINING ORDER. (a) The court may issue a temporary restraining order ordering the respondent to cease or avoid the harassment of another person or to have no contact with that person if the petitioner files a petition in compliance with subdivision 3 and if the court finds reasonable grounds to believe that the respondent has engaged in harassment.

(b) Notice need not be given to the respondent before the court issues a temporary restraining order under this subdivision. A _c_9_py o_f E restraining order r_1_1y_t_ lg served Q tlfi respondent algg v_vitp ;h_e fpg hearing apq petition, as provided i_n subdivision ; A temporary restraining order may be entered only against the respondent named in the petition.

(c) The temporary restraining order is in effect until a hearing is held on the issuance of a restraining order under subdivision 5. The court shall hold the hearing on the issuance of a restraining order within 14 days after the temporary




restraining order is issued unless (1) the time period is extended upon written consent of the parties; or (2) the time period is extended by the court for one additional 14-day period upon a showing that the respondent has not been served with a copy of the temporary restraining order despite the exercise of due diligence gr if service i_s made by published notice under subdivision § a_ng the petitioner t_il;e_§ the affidavit required under gig; subdivision.


Subd. 5. RESTRAINING ORDER. (a) The court may grant a restraining order ordering the respondent to cease or avoid the harassment of another person or to have no contact with that person if all of the following occur:

(1) the petitioner has filed a petition under subdivision 3;

(2) the sheriff has served respondent with a copy of the temporary restraining order obtained under subdivision 4, and with notice of the time and place of the hearing, or service has been made by publication under subdivision 1, paragraph (b); and

(3) the court finds at the hearing that there are reasonable grounds to believe that the respondent has engaged in harassment.

A restraining order may be issued only against the respondent named in the petition. Relief granted by the restraining order must be for a fixed period of not more than two years.

(b)5Fheerdermaybeservedentherespenelentbymeanse£aene—week

éléthepetitienerfilesaaeflidavitwiththeeeurtstatingthatenattemptat peHenalsen4eemaéebyasheri£¥wasunsueeess£ulbeeausetherespendentis aveiéingsewieebyeeneealmenterethemésegaad

Q)aeepyeftheeréerismailedtetherespendent&ttherespendent1sresi- deneeertherespendentienetlenewntet-hepetit-ieaerw

Sewieeunderthisperagraphiseempletesewndaysefierpubfieafienénorder issued under th_is subdivision must be personally served upon jg respondent.

Sec. 18. Minnesota Statutes 1990, section 6l1A.03l1, subdivision 2, is amended to read: '

Subd. 2. CONTENTS OF PLAN. like eemm-issiener of pub!-ie safety shall higherthanaéépereentdismissalmteefdemesfleabuseeasesanddireetthem to ill! county §n_d gm attorney gi_a_ll 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; @ enforce-




tunity to assist in the development of a model ‘plan and in the development or adaptation of the plans in each ef the selected fer the pilot program jurisdiction. Grace 9: model plan is develeped; The commissioner shall make it th_e model ;a.r1_<i related training Q51 technical assistance available to all city and county attorneys regardless ef whether they are in the pilot pre- grem. All plans must state goals and contain policies and procedures to address the following matters:

ment oflicials and other interested members of the public must have an oppor-

(1) early assignment of a trial prosecutor who has the responsibility of han- dling 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 mg prosecution gf afl domestic abuse cases where _a crime can l_)§ proven‘,

'

Q) 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;

(-5-) (Q) procedures for educating local law enforcement agencies about the contents of the plan and their role in assisting with its implementation;

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

(-7-) (35) procedures for annual review of the plan to evaluate whether it is meeting its goals effectively and whether improvements are needed; and

(8) (2) a timetable for implementation.

Sec. 19. Minnesota Statutes 1990, section 6l1A.03ll, subdivision 3, is

amended to read:

Subd. 3. G9P¥ NOTICE FILED WITH DEPARTMENT OF PUBLIC SAFETY.Aeepye£thewrittenplenaaustbefiledwi%htheeemmissieneref publiesafet-yenerbefei=eNevem-ber4—5;+990:5Pheg1_ch city and countyattefi neysseleetedferthepi-letpregra-mattomey shall file astatusrepertenthepilet

New language is indicated by underline, deletions by stékeeut.



program notice _tt1_a_t _a_ prosecution pla1_n E lien adopted yvfl tm commissioner

_9_fpublic safetybyJanuary47+9921¥hest&tusrepertmusteentaininibrmatien enthenumberefpreseeutiensanddismissalsefdemestieabuseeasesinthe preseeuteris eifiee E _1_, 1_£§§5.

Sec. 20. [61lA.07] ELECTRONIC MONITORING TO PROTECT DOMESTIC ABUSE VICTIMS; STANDARDS.

Subdivision _1_. GENERALLY. Lire commissioner o_f corrections, afiag Q1; sidering the recommendations o_f th_e battered women advisory council gig the sexual _a_ssault advisory council, _a_1§d_ it; collaboration gv_itp gie commissioner 9_f public safety, §_lte_1_l_ adopt standards governing electronic monitoring devices psgad t_q protect victims Q‘ domestic abuse. I_n developing proposed standards, t_l1<=,_ commissioner L111 consider the experience o_ft1;g_ courts i_n tfl tenth iudicial district i_p the pee o_f the devices t_o protect victims _o_f domestic abuse. These standards s_h_a1t promote the safety pf tee victim egg s_leel_l include measures t_o avoid tli_e disparate pee o_f t_h_e device @ communities o_f color, product standards, monitoring agency standards, _an_d victim disclosure standards.

Subd. _2_, REPORT TO LEGISLATURE. fly Janua _l_, 1993, t_l§ commissioner pt‘ corrections shall report Q fire legislature Q the proposed standards fey electronic monitoring devices used tg protect victims pf domestic abuse.

Sec. 21. Minnesota Statutes 1991 Supplement, section 61lA.32, subdivision 1, is amended to read:

Subdivision 1. GRANTS AWARDED. The commissioner shall award grants to programs which provide emergency shelter services and support services to battered women and their children. The commissioner shall also award grants for training, technical assistance, and for the development and implementation of education programs to increase public awareness of the causes of bat- tering, the solutions to preventing and ending domestic violence, and the problems faced by battered women. Grants shall be awarded in a manner that ensures that they are equitably distributed to programs serving metropolitan and nonmetropolitan populations. §y-J_i1ly t_, 1995, community-based domestic abuse advocacy E support services programs must Q established i_n every judicial assignment district.

Sec. 22. [629.342] LAW ENFORCEMENT POLICIES FOR DOMESTIC ABUSE ARRESTS.

Subdivision 1; DEFINITION. Egg purposes o_f tpg section, “domestic a_b2§_e;' has 11.1.6. _rg9an_1'_I2s sixw i_n §s=£t_i9_r2 5_1_8.li~_<l1.. s_uLliv_ifl<_>2 2.

Subd. A POLICIES REQUIRED. (e) Q enforcement agency in develop, adopt, Q4 implement g written policy regarding arrest procedures Q domestic abuse incidents. tp th_e development o_f e policy, E l_av_v enforcement agency elefl consult with domestic abuse advocates, community gganizatione, erg other _lew_ enforcement agencies yv_itl3 expertise jp _tl1_e recognition gp_d_ 1% gjpg pf domestic abuse incidents. @ policy $a_ll discourage gtpel arrests, include consideration pt‘ whether o_11e gt: Q parties acted i_n glf defense, egg

New language is indicated by underline, deletions by st-Fi-leeeat.



provide guidance t_o oflicers concerning instances E which oflicers should remain Q th_e scene pf g domestic abuse incident until tli_e likelihood pf further imminent violence has been eliminated. -

Q3) lh_e bureau pf criminal apprehension, th_e board o_f peace oflicer dards a_nd training, £1 th_e battered women’s advisory council appointed l_)y 1133 commissioner pf corrections under section 611A.34, _i_n_ consultation wig t;h_e Minnesota chiefs o_f police association, th_e Minnesota sheriffs association,@ E Minnesota police ali peace oflicers association, will develop a_ written model policy gggarding arrest procedures _fp1; domestic abuse incidents _fo_r La lpy El Q enforcement agencies. Each @ enforcement agency E adopt ’th_e model policy i_n lie_u o_f developing it_s ovin policy under t_l1g provisions _<_>_f pfl graph (g)_.

Lg) Local’ l_ayv_ enforcement _agencies t_hat _l1al already developed g written policy regarding arrest procedures @ domestic abuse incidents before tl1_e efl"ec- tiyp @ 9_f fly subdivision a_r§ n_ot required t_o develop a Q policy pu_t must review their policies gng consider _tl1p written model policy developed under paragraph gp._)_.

Subd. L ASSISTANCE TO VICTIM WHERE NO ARREST. If g la_w enforcement oflicer _c1c>_es pg make Q arrest when tlg oflicer lg probable mg t_o_ believe fll§_I Q person i_s committing 95 _l1§_§ committed domestic abuse g yi_o;

ap flag fg protection, Q officer ill provide immediate assistance t_o

th_e victim. Assistance includes:

§_l_) assisting ’th_e victim i_n obtaining necessary medical treatment; _a@

(2) providing tile victim with th_e notice pf rights under section 629.341, subdivision L

Subd. E IMMUNITY. A peace officer acting i_n good faith an_d exercising Q care ip providing assistance tp g victim pursuant tp subdivision _3_ i_s

immune from civil liability that might result from t;h_e officer’s action.

Sec. 23. [629.531] ELECTRONIC MONITORING AS A CONDITION OF PRETRIAL RELEASE.

I_f 3 court orders electronic monitoring pp p condition o_f pretrial release, g may n_ot ps_e_ tfi electronic monitoring gs g determining factor _1'_1'_1_ deciding what th_e appropriate level o_f tpg defendant‘s money jtgil g appearance bond should be.


Subd. Q ELECTRONIC MONITORING AS A CONDITION OF PRE- TRIAL RELEASE. (g) Until E commissioner o_f corrections pg adopted -s_tgp; dards governing electronic monitoring devices used t_o protect victims pf domestic abuse, fl1_6_ court, ap _a condition _o_f releasg fly po_t 3 person

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arrested tpg Q crime described i_n section 609.135, subdivision Q, paragraph Q3); t_o u_se Qp electronic monitoring device t_0_ protect Q victim’s safety.

(1)) Notwithstanding paragraph (Q), district courts i_n gh_e judicial d_i_s; t_ri_q pg}; order, Q_s_ Q condition 9_f Q release, Q person arrested pp Q charge o_f Q crime described i_n section 609.135, subdivision _5_Q, paragraph (pl, 39 Qs_e _2El_E tronic monitoring device t_q protect 1:h_e victim’s safety. lh_e courts £111 make _dQ_tQ pp th_g ypg 9_f electronic monitoring devices 39 protect Q victim’s safety ip _t_l1§ t_ep_tl1_ judicial district available t_o ’th_e commissioner pf corrections 39 evalu- Qlg Qr_1_cl 19 @ ip development o_f standards Q th_e l1_S§_ 9_f devices t_o protectE ’ti_m§ o_f domestic abuse.

Sec. 25. Minnesota Statutes 1990, section 630.36, subdivision 1,’ is amended to read:

Subdivision l. ORDER. The issues on the calendar shall be disposed of in the following order, unless, upon the application of either party, for good cause, the court directs an indictment or complaint to be tried out of its order:

(1) indictments or complaints for felony, where the defendant is in custody;

(2) indictments or complaints for misdemeanor, where the defendant is in custody;

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(3) indictments or complaints alleging child abuse, as defined in subdivision 2, where the defendant is on bail;

(4) indictments _<_)_r complaints alleging domestic assault, Qs defined i_n subdivision _3, where tl1_e defendant is pp bail;

Q) indictments or complaints for felony, where the defendant is on bail; and (6) (Q indictments or complaints for misdemeanor, where the defendant is

on bail.

After a plea, the defendant shall be entitled to at least four days to prepare for trial, if the defendant requires it.


Subd. 1 DOMESTIC ASSAULT DEFINED. _A_s_ used ip subdivision _1_,

“domestic assault” means gag assault committed py th_e actor against Q family g household member, §_ defined _ip section 518B.01, subdivision _2_._

Sec. 27. EFFECTIVE DATE. Sections 3, paragraph (Q), clause Q); a_r1d_ 5 Q_r_e effective jg dfl following

final enactment.

Sections 1, _l_L, Qpd 1_3_ Q_r_e effective August _l_._ 1992, Ed apply t_o crimes committed on or after that date.

New language is indicated by underline, deletions by strikeeuvt.



ARTICLE 7

J UVENILES

Section 1. Minnesota Statutes 1990, section 260.125, subdivision 3a, is

amended to read:

Subd. 3a. PRIOR REFERENCE; EXCEPTION. Notwithstanding the provisions of subdivisions 2 and 3, the court shall order a reference in any case where the prosecutor shows that the child has been previously referred for prosecution on a felony charge by an order of reference issued pursuant to either a hearing held under subdivision 2 or pursuant to the waiver of the right to such a hearing, other than a prior reference in the same case.

This subdivision only applies if the child is convicted of the offense or offenses for which the child was prosecuted pursuant to the order of reference or of a lesser included offense which is a felony.

This subdivision does n_o’t apply tp juvenile offenders who E subject t_o

criminal court jurisdiction under section 609.055.


amended to read:

Subdivision 1. Upon request of the court the county welfare board or probation oflicer shall investigate the personal and family history and environment of any minor coming within the jurisdiction of the court under section 260.111 and shall report its findings to the court. The court may order any minor coming within its jurisdiction to be examined by a duly qualified physician, psychiatrist, or psychologist appointed by the court.

The court shall have a chemical use assessment conducted when a child is (1) found to be delinquent for violating a provision of chapter 152, g Q coim-_ mitting g felony-level violation o_f a provision pf chapter _6_O2 if this probation officer determines E alcohol Q g fie wa_s_ a contributing factor ip E c_o_1£ mission _o_f jg offense, or (2) alleged to be delinquent for violating a provision of chapter 152,, if the child is being held in custody under a detention order. The assessor’s qualifications and the assessment criteria shall comply with Minnesota Rules, parts 9530.6600 to 9530.6655. If funds under chapter 254B are to be used to pay for the recommended treatment, the assessment and placement must comply with all provisions of Minnesota Rules, parts 9530.66OO to 9530.6655 and 9530.7000 to 9530,7030. The commissioner of public safety shall reimburse the court for the cost of the chemical use assessment, up to a maximum of $100.

With the consent of the commissioner of corrections and agreement of the county to pay the costs thereof, the court may, by order, place a minor coming ,

within its jurisdiction in an institution maintained by the commissioner for the detention, diagnosis, custody and treatment of persons adjudicated to be delinquent, in order that the condition of the minor be given due consideration in the

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disposition of the case. Adoption investigations shall be conducted in accordance with the laws relating to adoptions. Any funds received under the provisions of this subdivision shall not cancel until the end of the fiscal year immediately following the fiscal year in which the funds were received. The funds are available for use by the commissioner of corrections during that period and are hereby appropriated annually to the commissioner of corrections as reimbursement of the costs of providing these services to the juvenile courts.


Subdivision 1. GENERAL. Except for hearings arising under section 260.261, hearings on any matter shall be without a jury and may be conducted in an informal manner. The rules of evidence promulgated pursuant to section 480.0591 and the law of evidence shall apply in adjudicatory proceedings involving a child alleged to be delinquent, in need of protection or services under section 260.015, subdivision 2a, clause (11) or (12), or a juvenile petty offender, and hearings conducted pursuant to section 260.125 except to the extent that the rules themselves provide that they do not apply. Except for proceedings involving a child alleged to be in need of protection or services and petitions for the termination of parental rights, hearings may be continued or adjourned from time to time. In proceedings involving a child alleged to be in need of protection or services and petitions for the termination of parental rights, hearings may not be continued or adjourned for more than one week unless the court makes specific findings that the continuance or adjournment is in the best interests of the child. _If £_1 hearing i_s h_elg g_r_i g petition involving physical g‘ sexual abuse gf a_ child yfl i_s alleged ’_t_Q be i_n need 91" protection 9_r_ services Q neglected gel i_n foster care, 113 court shall E mg decision yv_i_th Q15; court administrator _a_s_ soon a_s possible M jg; l_a_t§_r gm 1_5_ gays E t_lE matter is submitted _t9_ jg court. When a continuance or adjournment is ordered in any proceeding, the court may make any interim orders as it deems in the best interests of the minor in accordance with the provisions of sections 260.011 to 260.301. The court shall exclude the -general public from these hearings and shall admit only those persons who, in the discretion of the court, have a direct interest in the case or in the work of the court; except that, the court shall open the hearings to the public in delinquency proceedings where the child is alleged to have committed an offense or_has been proven to have committed an offense that would be a felony if committed by an adult and the child was at least 16 years of age at the time of the offense. In all delinquency cases a person named in the charging clause of the petition as a person directly damaged in person or property shall be entitled, upon request, to be notified by the court administrator in writing, at the named person’s last known address, of (1) the date of the reference or adjudicatory hearings, and (2) the disposition of the case. Adoption hearings shall be conducted in accordance with the provisions of laws relating to adoptions.


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Subdivision 1. (gt) The juvenile court judge shall keep such minutes and in such manner as the court deems necessary and proper. Except gs provided i_n

' paragraph (Q), the court shall keep and maintain records pertaining to delinquent adjudications until the person reaches the age of 23 years and shall release the records on an individual to a requesting adult’court for purposes of sentencing, or to an adult court or juvenile court as required by the right of confronta-

I tion of either the United States Constitution or the Minnesota Constitution. The juvenile court shall provide, upon the request of any other juvenile court, copies of the records concerning adjudications involving the particular child. The court shall also keep an index in which files pertaining to juvenile matters shall be indexed under the name of the child. After the name of each file shall be shown the file number and, if ordered by the court, the book and page of the register in which the documents pertaining to such file are listed. The court shall also keep a register properly indexed in which shall be listed under the name of the child all documents filed pertaining to the child and in the order filed. The list shall show the name of the document and the date of filing thereof. The juvenile court legal records shall be deposited in files ‘and shall include the petition, summons, notice, findings, orders, decrees, judgments, and motions and such other matters as the court deems necessary and proper. The legal records maintained in this file shall be open at all reasonable times to the inspection of any child to whom the records relate, and to the child’s parent and guardian.

Q) Lite _<:()_11_1'_t mg retain records o_f tfi <:o_urt finding th_at g juvenile ggpi; mitted gr; ggt gm would 15 Q violation 91', Q a_n attempt t_o violate, section 609.342, 609.343, 609.3fl, 9; 609.345, until th_e offender reaches tfi agp o_f I_f th_e offender commits another violation o_f sections 609.342 t_o 609.345 a_s_ ap adult, fig court shall retain th_e juvenile records 1'91 _a_s_ fig § tl_i_e_ records would have been retained if t_h_§ offender hag been a_n adult '51; j@ t_i_rp§ pf’tl1_e juvenile offense. Lhis paragraph d_o§_s pg; apply unless @ juvenile w_as represented py in attorney when th_e petition E admitted pp proven.


Subd. & RECORD OF ADJ UDICATIONS; NOTICE TO BUREAU OF CRIMINAL APPREHENSION. (Q T_he juvenile g1_1;_t gill forward t_o ’_t_h§

bureau pf criminal apprehension t_he_ following @_t_a 0_I1 juveniles adjudicated delinquent fi)_r having committed Q a_ct described i_n subdivision L paragraph (2);

Q) 33 name g_r1_d l_3i_rt_h_ ggtg o_f flip juvenile; Q) the typg pf gc_t Q which tg juvenile pg adjudicated delinguent aid

gagtg o_f tfi offense‘, a_n_d Q) fie _c_i_a_t§ w county o_f th_c_=. adjudication. (Q) flip bureau £11 retain dag pp §._ juvenile 1.1_rLi1 th_e offender reaches th_e

ggg pf 23 _I_i_' tlg offender commits another violation 9_f sections 609.342 _tp

609.345 ag a_n adult, th_e bureau §lLll retain @ data fig § lpx_1g gs _t_h_§ gl_§_t_g

would 11% fig; retained if th_e offender 1&1 b_e<fl ap gull at the _t_i__rr§ o_f Q9 juvenile offense.



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Sec. 6_. Minnesota Statutes 1990, section 260.172, subdivision 1, is

amended to read: Subdivision 1. (a) If a child was taken into custody under section 260.165,

subdivision 1, clause (a) or (c)(2), the court shall hold a hearing within 72 hours of the time the child was taken into custody, excluding Saturdays, Sundays, and holidays, to determine whether the child should continue in custody.

(b) In all other cases, the court shall hold a detention hearing:

(1) within 36 hours of the time the child was taken into custody, excluding Saturdays, Sundays, and holidays, if the child is being held at a juvenile secure detention facility or shelter care facility; or

(2) within 24 hours of the time the child was taken into custody, excluding Saturdays, Sundays, and holidays, if the child is being held at an adult jail or municipal lockup.

(c) Unless there is reason to believe that the child would endanger self or others, not return for a court hearing, run away from the child’s parent, guardian, or custodian or otherwise not remain in the care or control of the person to whose lawful custody the child is released, or that the child’s health or welfare would be immediately endangered, the child shall be released to the custody of a parent, guardian, custodian, or other suitable person, subject t_o reasonable conditions 9_f release including, lgpt po_t limited t_o, a reguirement E th_e undergp a chemical pg assessment Q provided i_n section 260.151, subdivision 1. In determining whether the child’s health or welfare would be immediately endangered, the court shall consider whether the child would reside with a perpetrator of domestic child abuse. In a proceeding regarding a child in need of protection or services, the court, before determining whether a child should continue in custody, shall also make a determination, consistent with section 260.012 as to whether reasonable eiforts, or in the case of an Indian child, active efforts, according to the Indian Child Welfare Act of 1978, United States Code, title 25, section l9l2(d), were made to prevent placement or to reunite the child with the child’s family, or that reasonable efforts were not possible. The court shall also determine whether there are available services that would prevent the need for further detention.

If the court finds the social services agency’s preventive or reunification efforts have not been reasonable but further preventive or reunification efforts could not permit the child to safely remain at home, the court may nevertheless authorize or continue the removal of the child.


Subd. _3g, REPORTS; J UVENILES PLACED OUT OF STATE. (3) When- py_e_r_ _a c_h_i_lg i_s placed Q g residential program located outside g‘ E pursu- ggt t_o Q disposition order issued under section 260.185 9_r 260.191, t_l'g juvenile court administrator s_h_al_l report ‘th_e following information t_o th_e fig <:():ur_t administrator:

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New language is indicated by underline, deletions by eta‘-ilseeut.



Q) 115 E that me placement i_s_ 9_t o_f state;

(2) ;l_1g type pf placement; gfl Q) fig reason Q t_h_e placement. (pl fiy July 1, 1994, E each year thereafter, 3113 state court administrator

shall _l_i_l_e §l_ report with t_h§ legislature containing thg information reported under paragraph (Q) during t_l_1g previous calendar year.


Subd. & POSSESSION OF FIREARM. _If _th_§ Qild i_s petitioned a_n_c1

found delinauent py tpe court, a_n(_1 flip court als_o finds t_l1a1 flip ghilg @ _ip pgs_-_ session pf a firearm a_t _t_lg _ti_rp_e_ o_f gig offense, i_n addition t_o gy pylyg disposi- gop tfi cit sh_al_l ppcfl E tpg firearm Q immediately seized grg §_h_all prclfl th_at ply; Q@ Q reguired pg §c:_rv_e a_t fig _l_@ hours o_f community service unless fig 9% i_s placed Q _a residential treatment program g a juvenile correctional facility.

K


amended to read:

Subd. 4. All orders for supervision under subdivision 1, clause (b) shall be for an indeterminate period unless otherwise specified by the court, and shall be reviewed by the court at least annually. All orders under subdivision 1, clause (c) shall be for a specified length of time set by the court. However, before an order has expired and upon the court’s own motion or that of any interested party, the court has continuing jurisdiction to renew the order or, after notice to the parties and a hearing, make some other disposition of the case, until the individual is no longer a miner becomes l_9 Egg pf agg. Any person to whom legal custody is transferred shall report to the court in writing at such periods as the court may direct.

Sec. 10. [299C.095] SYSTEM FOR IDENTIFICATION OF ADJUDI- CATED J UVENILES.

‘Llie bureau §l_1a_ll establish _a system f(_)_r_ recordigg th_e ci_a’t_21_ _(E adjudicated iuveniles received from t_h§ iuvenile courts under section _5_. @ g1gt_a ill E gyg t_e_rp gig private Q :_1_§ defined i_n section 13.02, subdivision Q4 b_L1t a_rg accessi- plg ‘Q Q person v_v@ pa_s access t_o th_e juvenile court records a_s provided i_n section 260.161 or under court rule.


amended to read:

Subdivision 1. (a) When an issue of fact has been tried by the court, the decision shall be in writing, the facts found and the conclusion of law shall be separately stated, and judgment shall be entered accordingly. Except Q provided

New language is indicated by underline, deletions by str-ikeeut.



i_n paragraph (1)), all questions of fact and law, and all motions and matters sub— mitted to a judge for a decision in trial and appellate matters, shall be disposed of and the decision filed with the court administrator within 90 days after such submission, unless sickness or casualty shall prevent, or the time be extended by written consent of the parties. No part of the salary of any judge shall be paid unless the voucher therefor be accompanied by a certificate of the judge that there has been full compliance with the requirements of this section.

(l_)_) E e hearing @ heep heh_l pp 3; petition under chapter _2_§Q involving physical eh sexual abuse o_f e Qflel yyfl i_s alleged t_o he _ih_ peeg pf protection Q services Q neglected @ ir_1 foster E, fie decision _n_1p_g he fled within l_5_ gey_s @ _t_he matter _ie submitted t_o ghe judge.


609.055 LIABILITY OF CHILDREN. Subdivision L GENERAL RULE. Children under the age of 14 years are

incapable of committing crime.

Subd. A ADULT PROSECUTION. Children of the age of 14 years or over but under 18 years may be prosecuted for a criminal offense if the alleged violation is duly referred to the appropriate prosecuting authority in accordance with the provisions of chapter 260. A ehgd _vv_l1c)_ i_s 1_6_ X§_2£S_ e_1_" ege e_1_' eldg E under l_8_ yim 9_f ege _i_§ capable pf committing e crime en_d Qey he prosecuted fpg e felony

(_l_) pig child hg been previously referred f_og prosecution g ,4 felony charge h_y eh order o_f reference issued pursuant 39 e hearing under section 260.125, subdivision 2,, 9; pursuant t_o tl1_e waiver er: the eight t_o epeh _a hearing, g prosecuted pursuant t_o E subdivision;@

Q) gig child we convicted o_f th_e felony offense QE offenses fi>_r which Q child fie prosecuted 9; pi‘ e lesser included felony offense.

Sec. 13. ADVISORY TASK FORCE ON THE JUVENILE JUSTICE SYSTEM. .

Subdivision _l_. MEMBERSHIP. I_lp=._ supreme court shall conduct e study o_f t_h_e_ juvenile justice system. Q conduct ghe study, ‘th_e court shall convene ep advisory jeg force Q ghe iuvenile iustice system, consisting 9_f E following ge members:

Q) fey judges appointed py t_h_e_ chief justice o_f the supreme court;

Q) em members ef the house o_f representatives, gm e_t_‘ whom grit he e member 9_f _t_l_1_e minority party, appointed hy the speaker, gig ewe members 91‘ me senate, E pf whom must he e member 91‘ tfi minority party, appointed hy the subcommittee o_n committees Q‘ ehe senate committee o_n pug £1 administration,

New language is indicated by underline, deletions by str—i-keen-t.



Q) t_vyg professors 9_f l_afl appointed py th_e chief iustice o_f t_h_e_ supreme court;

(5) g state public defender; Q) E county attorney who i_s responsible fog juvenile court matters,

appointed py Q chief iustice o_f th_e supreme court Q recommendation o_f% Minnesota coungy attorneys association;

(Q) two corrections administrators appointed py Q governor, one from _a community corrections a_ct county and one from a noncommunity corrections a_ct county;

(_7_) t_l_1_§ commissioner o_f human services;

Q) th_e commissioner Q corrections; (2) t_w_o_ public members appointed py the governor, E o_f whom i_s a_ victim

o_f crime; gal

510) tvio @ enforcement oflicers who _a_r§ responsible Q juvenile delinguency matters, appointgl py ge governor.

Subd. 2. SELECTION OF CHAIR. The task force shall select a chair from among it_s membership other than th_e members appointed under subdivision L; clause Q)_.

Subd. 1 STAFF. I_h_e @ force may employ necessagy gr t_o provide legal counsel, research, and clerical assistance.

Subd. _4_. DUTIES. @ @ force shall conduct Q study pf _t_l_1_e iuvenile ju_s- fig system §_n_d make recommendations concerning th_e following: '

Q) Q juvenile certification process; Q) gig retention o_f iuvenile delinquency adjudication records @ their ps_e_:

ip subseguent adult proceedings;

Q) th_e feasibility pf a system pf statewide iuvenile guidelines;

(3) th_e effectiveness o_f various juvenile iustice system approaches, including behavior modification and treatment; and

Q) th_e extension t_o iuveniles pf _a nonwaivable right t_o counsel E a_ right t_o a ju1_'y trial.

Subd. __5_; REPORT. [hp ta§_lg force shall submit a written report tp E ‘governor @ th_e legislature py December _l_; 1993, containing _it_s findings a_nd_ fig ommendations. IQ @ force expires upon submission pf its report.

Sec. 14. PLAN TO INCREASE OPPORTUNITIES FOR JUVENILES AND YOUNG ADULTS.

New language is indicated by underline, deletions by strileeout.



Subdivision L COMPREHENSIVE PLAN. T_l1e adviso1_*y Q_s_1_< 33193 _cm mentoring £1 community service shall l_ay January 1_5, 1993, propose ‘Q ’th_e fig; islature _a comprehensive })l_ap :c_(_)_ improve gpg increase opportunities flo_r juveniles apc_l young adults tp engagp i_n meaningful service _a_ng1_ work fiat benefits communities fl Q5: gt§_tg._ Ipe 191$; §l;a_ll reflect Q9 1egislature’s intent ftp pi flip crime gag t_o_ minimize t_h_e_: expenditure 9_f limited corrections resources b_y engaging young people i_n constructive alternatives tp criminal grygl antiso- Q1 activities. _T_l'g Iflfl ill glgg reflect t_l1e_ legislature’s recognition t_lw1_t@ young person l_1a_s significant strengths, @ Q1313 §ta_t§ investment should Q th_e_s_e strengths rather map pl_a_p f_o; failure. 11;; p_la_p plug include a_t lgs_t ]:_l_l_§

following components:

Q) pp apalysis _o_f tl1_e fiscal impact pf thp state’s sentencing E corrections policies, including unfunded liabilities Q state gig local governments;

(_2_) policies t_o assure school-to-work transition Q noncollegg bound young adults;

Q) policies Lg improve community service opportunities Q young people; 91) policies tp assure well-supervised summer Ed year-round employment

opportunities pg teach young people g strong work ethic; Q) policies _tp improve role models Q young people py increasing mentor-

mg @1191 t_umLi_r2a and

(Q) recommendations Q funding new programs, including redirecting and reprioritizing eyristing resources.

Subd. A LEGISLATIVE MEMBERS. [lg speaker pf 1h_e_ house ap_c_l_ the majority leader o_f the senate shall each appoint three legislators Lg serve a_s non- voting members o_f §l_1_e advisogy @ force.

Subd. L CONSULTATION. lp developing ’th_e p121_n reguired py subdivi- §i_9_p L tlg advisogy E force Q mentoring £1 community service _s_l_12_11l Q9; su_lt E tl1_e department pf jpg £1 training th_e department pf natural resources, t_h_e higher education coordinating board, thg office pf volunteer sg vices, t_l_1_e_ department 9_f education, gfll other appropriate agencies.

Sec. 15. EFFECTIVE DATE. Sections _l_ tp _l_g a_na effective August _1_) 1992, gig apply t_o violations occur-

gi_pg Q 9; after M date. Section _l_3_ § effective th_e day following final enactment. .



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~ LAWS of MINNESOTA for 1992 Ch. 571, Art. 8

ARTICLE 8

SEX OFFENDER TREATMENT

Section 1. Minnesota Statutes 1990, section 241.67, subdivision 1, is

amended to read:

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Subdivision 1. SEX OFFENDERTREATMENT. A sex offender treatment system is established under the administration of the commissioner of corrections to provide and finance a range of sex offender treatment programs for eligible adults and juveniles. Eligible Offenders E a_re_ eligible 19 receive treatment, within gig limits 9_f available funding, are:

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(1) adults and juveniles committed to thecustody of the commissioner;

(2) adult offenders for whom treatment is required by the court as a condition of probation; and

(3) juvenile offenders who have been found delinquent or received a stay of adjudication, for whom the juvenile court has ordered treatment;E

(4) adults E juveniles who a_rp eligible Q community-based treatment under me gag; offender treatment fund established i_n section 4.

~ Sec. 2. Minnesota Statutes 1990, section 241.67, subdivision 2, is amended

to read:

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Subd. 2. TREATMENT PROGRAM STANDARDS. By Jvu-ly -1-, -1-99-1-, Q) The commissioner shall adopt rules under chapter 14 for the certification of adult and juvenile sex offender treatment programs in state and local correctional facilities. The rules shall require that sex offender treatment programs be at least four months in duration. After -.1-uly -1-, -1-99-l-, A correctional facility may not operate a sex offender treatment program unless the program has met the standards adopted by and been certified by the commissioner of corrections. As used in this subdivision, “correctional facility” has the meaning given it in section 241.021, subdivision 1, clause (5).

_(p) _I§y July 1, 1994, Q commissioner shall adopt rules under chapter 1_4 fg Q9 certification o_f community-based adult pg juvenile gig offender treatment programs n_ot operated i_n state _o_r local correctional facilities. ~~

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(Q I_n addition 39 other certification requirements established under paragraphs La) agi Q)‘ adopted py gig commissioner must require a__ll certified programs tp participate i_n a_n_ ongoing outcome-based evaluation @ quality ~management system established py flip commissioner.


Subd. L FUNDING PRIORITY; PROGRAM EFFECTIVENESS. Q) i

New language is indicated by underline, deletions by strileeeavt.1


2051 LAWS of MINNESOTA for 1992 Ch. 571, Art. 8~

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Unless otherwise directed py php terms pf g particular appropriations provision, th_e commissioner shall give priority 19 tip funding 9_f_‘ juvenile E offender programs over gig funding pf‘ adult 5% offender programs. ~~

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Lg) Every county pg private peg offender program E seeks pew 9_r_ contin- p_gd_ s_1;21t_e funding g reimbursement flip provide E commissioner wig gpy information relating Q 111:; program’s effectiveness tl1_at th_e_ commissioner _cp1p siders necessary. I_l_1g commissioner deny state funding 9_r reimbursement t_o ggy county p_1_' private program gipt _f_‘z_1i§ 39 provide ghi_s information 9; 311311 appears 19 pp gr; ineffective program.

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Sec. 4. [24l.671] SEX OFFENDER TREATMENT FUND. Subdivision _l_. TREATMENT FUND ADMINISTRATION. A w_x offender‘

treatment fig _i§ established t_o fly Q community-based E offender treatment £9; adults grip iuveniles. Lire commissioner o_f corrections pg t_h_g commissioner pf human services §pa_ll_ establi_s_l; gp interagency _s_t_a_ff work group t_o coordinate agency activities relating _tp gap offender treatment. Lire commissioner pf human

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services jg responsible Q administering Q g offender treatment fund, includ- ipg establiflng requirements Q submitting claims fpr payment, paying 5;; dors, gn_t_l_ enforcing ply; county maintenance _o_f effort requirement i_p subdivision L % commissioner o_f corrections i_s_ responsible Q); overseeing £1 coordinat- jpg _a statewide E offender treatment system under section 241.67, subdivision _l_; certifying fl offender treatment providers under section 241.67, subdivision Q, paragraph (pg; establishing eligibility criteria app Q assessment process under subdivision §_; determining county allocations pf treatment fund money under subdivision 5; _a_r_\g approving special proiect grants under subdivision ; T_hp county i_s responsible fg developing apd coordinating s_mi_ offender treatment services under thp supervision o_f‘1:l1_e commissioner pf corrections, approvingfl offender treatment vendors under subdivision §, approving persons fg t_r1t- ment within _’_t_l_1_§ limits pf fie county’s allocation pf treatment fund money under subdivision 4, E selecting g_r_1 eligible vendor 39 provide plgp appropriate level pf treatment _t_g _e_p(_;_l_1 person E i_s eligible t_o receive treatment pr_1c_1 fpp whom funding i_s available. E assessment pf eligibility a£1 treatment needs under subdivision _§ r_n_1£t pg conducted lpy gig agency responsible Q probation _Si vices. Q gig agency i_s n_ot g county agency, g1_e_ county _s_1lgl_l enter in_m Q agree- mat lit_l_1_ gl_1g agency jtpa_t prescribes ;l_1_e process E county approval o_f treatment grip treatment vendors within mg limits o_f pig county’s allocation pf treatment fund money. I_l_1p commissioner pf corrections m_al_l adopt rules under chapter _l_4 governing 1_h_e E offender treatment fund. _A_t ’th_e request pf t_lg missioner o_f corrections, E commissioner pf human services £111 provide tech- pipa_l assistance relating tp _t_l_1p duties required under pl_1_i§ section. Lm3_ commissioner pf corrections _2m_<i t_l1e_ commissioner pf human services E coordinate activities relating t_o fl1__e_ _se_x offender treatment fund yv_i_t_h activities relat- _i_ng t_o th_e consolidated chemical dependency treatment fund.

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Subd. PERSONS ELIGIBLE TO RECEIVE TREATMENT. Within t_h_e_ limits pf available funding, tfi _s_e1 offender treatment fund pays @ s_e_)g offender

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treatment Q §e_x offenders w_l1o_ have been ordered by tl1_e t_o receive tgeajg; §n_ebt_ _a_rg high-risk persons w_l1o @ treatment voluntarily. Lor purposes o_f@ section, Q se._x offender i_s Q w_ho @ been convicted under, g a iuvenile w_h() @ [El adjudicated t_o b_e delinquent based 9b a violation _o_f_‘, section 609.342; 609.343; 609.344; 609.345; 609;345l; 609.746, subdivision L; 609.79; Q‘ 617.23, g another offense arising o_ut o_f a charge g delinquency petition based _(11_ fie g o_f sections. 1 treatment gy_s Q treatment o_nly t_o fie extent I‘.h_at t_l1«:; g<_)§t_s_ bf treatment cannot bg _nLct Q th_e person’s income 9_r assets, health coverage, g resources. Payment _n_1_ay be madeQ behalf o_f eligible persons o_n1y

Q) _t_h_e person E been assessed E determined t_o b_e i_n need o_f community-based treatment under subdivision 3); -

SQ) th_e county h_a§ approved treatment a_n_d designated a treatment vendor within -_tb_e limits o_f fie county’s allocation bf money under subdivision 3;

Q) Q person received Q appropriate level o_f treatment Q determined through th_e assessment process;

(1) th_e person received services from _a vendor certified by _tl1_e commissioner o_f corrections under section 241.67, subdivision 2, paragraph Lb); and

Q) t:h_e vendor submitted a_ claim E payment i_n accordance with requirements established by bbg commissioner o_f human services.

Subd. i ASSESSMENT. (3) @ commissioner o_f corrections iw estab- _l_i§b _a process agi criteria E assessing 1:h_e eligibility E treatment needs o_fE Q Q whose behalf bayment th_e se._x offender treatment fund i_s sought. IE assessment determines: Q) whether tl1_e individual i_s eligible under subdivi- big _2_; (_2_) tl_1_e_ berson’s ability t_o contribute t_o tbe go_s_t_ o_f treatment‘, Q) whether g need fig treatment exists; (3) i_f treatment i_s needed, ’th_e appropriate % o_f treatment; gl Q) E fie person _i_§ seeking treatment voluntarily, whether mg person rebresents a bigb riik o_f becoming a se_x offender i_n th_e absence o_f intervention gig treatment. ‘

(b) E commissioner _s_l£ll develop a sliding @ scale t_q determine tl1_e

amount o_f tm contribution required from persons L110 have income g other financial resources. lh_e fg; scale must require persons whose income @ assets age above @ limits Q ’th_e medical assistance program t_o contribute Q t_l1e_ gt o_f j;li_e assessment E treatment £1 require persons whose income is above gig s’c_at<_a median income Q pay ’th_e entire 5&5’: o_f assessment E treatment.

Subd. 3 COUNTY ALLOCATIONS. (Q) @ ‘ch_e E year o_f tl1_e gt offender treatment fund, Q12 money appropriated Q E treatment fund must be allocated among tl1_e counties according t_g Q following formula:

Q) two-thirds based <_);1_ tbg number bf gby offender convictions Q adjudications Q fie county i_n th_e previous year;E

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Q) one-third based pp county population. Q3) fiy balance remaining i_n jt_l1§ fund g_t tlg E pf t_f1e_ E @ o_f‘1:l1_e fund

does pp; cancel w is available @ tl_1§ nit year. _/5yr_1y balance remaining jp gig seguent years does ppt carry forward unless specifically authorized l_9y th_e legislature.

(_c_) @ _t_pg second E o_f‘ gig fu_n_gj Q amount LL11 t_o E balance carried forward f1;9__rr_1_ gg fi_rs_t_ ye_a_r_j Llu_s_ _apy lggis_lative appropriation Q special project grants, must pg reserved Q special projects under subdivision _5_. Ih_is_ becomes t_l1ta_ page funding l_e_ye_l Q special project grants. @ appropriation fpg the tgagjt; ment fund must pg allocated t_o counties i_n proportion t_o_ t_h_§_ amount actually p_a_i_d p_1_1_t 9_f §_a_ch county’s treatment fund allocation i_n t_l§=,_ previous year.

(_c_l) E_<_)_1_' t_h_e_ thjfl _apd_ subseguent y_e3_r_s _<_)_ftl1_e fpxld, 1;h_e appropriation Q fig w_x offender treatment fund must pp allocated t_o counties i_n proportion t_o tl1_e previous year's allocations. fly increase 95 decrease i_n funding Q tl1_e _s_e_)g

offender treatment fund must pg allocated proportionately among counties. (9) E th_e second a_rg subsequent years 9_f tl1_e treatment fund, g reduction

i_rf th_e special projects base funding @ Q corresponding increase Q Q county’s gay offender treatment fund allocation may pg made under subdivision _;

(1) Money appropriated specifically fig se_x offender assessments must pe_ allocated t_o counties based pr; ;l_1_e number pf _S_6_)_i offender convictions g_n_d delinquency adjudications i_n th_e county i_n E previous year. The money must by used 39 pgy Q assessments conducted under subdivision _3_.

Subd. __5_; SPECIAL PROJECT GRANTS. 1h_e_ commissioner o_f corrections shall approve grants t_o counties Q special projects using E money reservedQ special projects under subdivision 5, paragraph (_()4 91:51 fly appropriations §_pe_- cifically designated E s_e_)_c_ offender treatment special projects. Special project grants gay _b_e fld tp develop E fl offender treatment services o_r providers, develop g t_eit pev_v treatment methods, educate courts pg corrections person- pe_l Q treatment programs §p_d methods, address special treatment needs i_n g particular county, 9_i_' provide additional funding t_o counties tl1_at_ demonstrate _tl_1_a_t their treatment needs cannot Q m_et within their formula allocation under subdivision §_. Egg _t_h_e_ 1i_r§’g three years p_f_' tfi fund, highest priority Q special project grants must pg given 19 counties gig‘; spent l_e_§ tpap jt_l'_ie_i; allocation under _t__l;§ formula ip subdivision 5: paragraph (EL during th_e previous year; demonstrate Q significant need tp increase their spending £9; _S§l(_ offender treatment; g_1_1_d submit _a detailed fir; E improving their E offender treatment gyi E @ these pggp priority counties, upon successful completion o_f Q special project gig commissioner @111 increase Q11 county’s l_)a_s_e_ allocation under _S_1_1_Q: division 3 fig subsequent years py t:h_e amount o_f mg special project gift 9; another amount determined py tl1_e commissioner app agreed ‘pg ‘py Q county Q Q condition o_f receiving Q special project grant. :13 lg funding 13$; _fpr_ 5% E projects §o_r th_e subsequent E must Q reduced py E amount o_f fig increase i_1_1_ 1133 county’s lise allocation. After fie third yg o_f tfi treatment fund, th_e_ commissioner m_ay allocate Q t_o 19 percent o_f Qe special project ggpt money 39 increase tp_e_ lg allocation 9_f_‘ treatment fund money _fp; those




counties that demonstrate th_e greatest need Q increase funding fir m_x offender treatment. The base funding level ffl special proiects must Q reduced py ’th_e amount o_f Q increase i_n counties’ base allocations.

Subd. 3 COUNTY ADMINISTRATION. A county fiy u_w pp t_o E& g_ep_t_ _o_f gl_i§ money allocated 19 it under subdivision 5 Q administrative costs associated _vyi_tp _th_e _s_e3 offender treatment fund, including me costs o_f assessment E referral pf persons _fb_r treatment, state administrative a_n_d reporting requirements, service development, Q other activities directly related t_o se_x offender treatment. lvg/_o_ 9_1_' _n;9_rp counties gy undertake fly 5g” 1g activities required under @ section § £_1 ioint action under section 471.59. Nothing i_n gig section requires g county tp spend local money Q commit local resources i_n addition tp money provided under fig section, except _:§ provided _ip §pl_J_- division 7.

Subd. L MAINTENANCE OF EFFORT. Ag g condition 9_f receiving pp allocation pf money jg 1:h_e E offender treatment under 1 section, p county gs; pgg n_o‘t tp reduce E level o_f funding provided fir se_x offender treatment below th_e averagp annual funding £9; calendar 1989, 1990, and 1991.

Subd. §._ ELIGIBILITY OF VENDORS. ‘E 3 eligible tp receive payment from 111:; §§_x offender ‘treatment fund, g vendor must 3 certified l_)y th_e commissioner o_f corrections under section 241.67, subdivision _2_1 paragraph gp), _ar_1_d

mpg comply @ billing pg reportingrequirements established py th_e commissioner Q human services. A county may become certified 2_1_1lc_l approved g g vendor py satisfying gig same requirements th_at apply _tp other vendors.

Subd. _9_. START-UP GRANTS. Within gig limits pf appropriations made specifically f_og jt_l;i_s purpose, ghg commissioner o_f corrections E award grants t_o counties 9_r_ providers _fp_r _t_f_1_e_ initial start-up c_c§t_s_ pf establishing p_e_v_v_ _c:_e:rt_i-

E, community-based se_x offender treatment programs eligible for reimburse- mc_:n_t under me s_e_i§ offender treatment fund. I_n awarding Q grants, ’th_e

commissioner gipll -promote g statewide system p_f peg offender treatment p_rg grams th_at @ provide reasonable geographic access Q treatment throughout the state. -

Subd. _1Q_. COORDINATION OF FUNDING FOR SEX OFFENDER TREATMENT. IQ commissioners o_f corrections gr; human services shall identify 2_1l_l sources p_f funding fgr_ §_e;)_t_ offender treatment ip t_hp state peg develop methods 33‘ coordinating funding sources.

Sec. 5. Minnesota Statutes 1990, section 242;l95, subdivision 1, is

amended to read:

Subdivision 1. TR-EA1Pl\4E-N513 $35 OFFENDER PROGRAMS. The commissioner of corrections shall provide for a range of sex offender treat-meat programs, including intensive sex offender treatment program , for juveniles within state juvenile correctional facilities and through purchase of service from county

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and private residential and outpatient juvenile sex offender treatment programs. The commissioner shall establish pig operate g iuvenile spy offender program pt gt; _o_f _t_l§ state juvenile correctional facilities.

@ commissioner 9_f corrections, _ip consultation w_itl_1_ LIE commissioner 9_f human services, spgfl administer 2_t grant tp create p @ program Lg tgpt mg effectiveness pf_‘pl_1_grmacological agents, Qplg a§_ antiandrogens, i_p gig treatment 9_f s_ey offenders including psychopathic personalities.

Participation ip flip study must Q l_)y volunteers who meet defined criteria. 113, commissioner 91‘ corrections shall report 19 _tp_e_ legislature py Februa1_'y 1, 1993, regarding th_e preliminary results pftl1_e study.

Sec. 7. REPORT ON SEX OFFENDER TREATMENT FUNDING. _l§y January _1_, 1993, gig commissioners pf_' corrections gig human services

shall submit _a report tp tfi legislature pp funding £9; spy offender treatment, including:

Q) g summagy pf tpg sources an_d amounts _o_f public £1 private funding f_'o_r spy offender treatment;

Sec. 6. SEX OFFENDER TREATMENT; PILOT PROGRAM.

Q) a_ progress report o_n implementation o_f sections gt tp _7_;

(3) methods currently being used t_o coordinate funding,’

(51) recommendations o_n whether other sources _o_f funding should pg consolidated ii Q peg; offender treatment fund;

(_5_) recommendations regarding medical assistance program changes g waivers that will improve t_h_§ cost-effective pg o_f medical assistance funds @ se_x offender treatment;

(_6_) recommendations Q whether start-up grants 3 needed t_o promote th_e development _o_f needed E offender treatment vendors, and if _sp, E amount pf money needed Q various regions, types o_f vendor, and class o_f w_x offender;

Q) gp estimate _o_f t_l1e_ amount 9_f money needed 19 fly f_upg tfi gegg offender treatment fund $1 information r_egarding flip gt o_f Q £13! 9_f possi- pig options Q); partial funding including funding options 1h_at prioritize treat- it needs based pp ghp e_1g§ pf t_l1§ offender, Q9 level 91‘ offense, 9_r_ other factors identified l_3y th_e commissionerE

(Q recommendations @ other changes that @ improve th_e effectiveness gfl efficiency 9_f @ E offender treatment funding system. See. 8. EFFECTIVE DATE. Sections _1_ pg 1 gig effective E Qy following final enactment.

New language is indicated by underline, deletions by at-ri-keeut.



ARTICLE 9

PROCEDURAL PROVISIONS Section 1. Minnesota Statutes 1990, section 631.035, is amended to read:

631.035 JQINTIAF €-HARGED JOINDER Q DEFENDANTS; SEPA- RAEPE OR J9-I-N513 ‘FR-IA:I=S.

Subdivision _1_. J OINDER OF DEFENDANTS. When Two or more defendants are Qy Q jointly charged with a felony; they may be tried separately e-r jeinflyinthediserefieneftheeeufelnmaléngitsdeterminatbnenwhetherte Qderjeinderersepamtetéalsfiheeeafishafleemiéerthenatureeftheefiense

the interests of Q1_(_i Q1 fi"tl1_ey Q alleged t_o Qyg participated i_p _t_h_e s;a_n_1g apt Q transaction Q Q ‘th_e §a_rp§ series o_f Qts Q transactions constituting gp offense. Lhe defendants m_ay Q charged i_n 9Q Q QQQ counts _a_n_d_ y_iQd_ together Q separately QQ Q Q @ defendants QQI Q); Q charged ip _eQl1 count.

Subd. _3_. RELIEF FROM PREJUDICIAL JOINDER. I_f Q appears gilt 2_1

defendant i_s prejudiced py a ioinder Q defendants i_n a complaint Q indictment -Q py ioinder fQ trial _t_(_>gether, t}‘1_e court may, upon motion Q Q defendant Q Q court’s Qyp motion, order Q election Q separate trials Q counts, grant a_ severance Q‘ defendants, Q provide whatever other relief iustice requires. Q making i_t§ determination, t_Q court _sh_a1l consider gig impact pp gl_1_e_ victim. Q ruling Q a motion py a defendant Q severance, t_Q court fly order E prosecutor tp deliver tp E court Q inspection i_n_ camera fly statements Q confes- sions made py th_e defendants which Q prosecution intends tp introduce Q evidence at t_QQ

Sec. 2. SUPREME COURT BAIL STUDY. lh_e supreme court i_s requested t_o study whether guidelines should Q

adopted i_n E rules Q criminal procedure governing th_e minimum amount Q money b_ail gha_t should Q required Q cases involv'Qi_g persons accused Q crimes against t_Q person. fig supreme 9Q1_1_'t_ is a1Q reguested t_o study whether th_e constitution aQd LQVLS Q Q state should Q amended tp authorize t_Q preven- flv_e detention Q certain arrested persons Q a_re accused Q dangerous crimes.



LAWS of MINNESOTA for 1992 Ch. 571, Art. 10

ARTICLE 10 VIOLENCE PREVENTION

AND EDUCATION

Section 1. Minnesota Statutes 1991 Supplement, section 121.882, subdivision 2, is amended to read:

Subd. 2. PROGRAM CHARACTERISTICS. Early childhood family education programs are programs for children in the period of life from birth to kindergarten, for the parents of such children, and for expectant parents. The programs may include the following:

(1) programs to educate parents about the physical, mental, and emotional '

development of children;

(2) programs to enhance the skills of parents in providing for their children’s learning and development;

(3) learning experiences for children and parents;

(4) activities designed to detect children’s physical, mental, emotional, or behavioral problems that may cause learning problems;

(5) activities and materials designed to encourage self-esteem, skills, and behavior that prevent sexual and other interpersonal violence;

(6) educational materials which may be borrowed for home use;

(7) information on related community resources; or

(8) programs to prevent child abuse gng neglect; g (9) other programs or activities to improve the health, development, and

learning readiness of children.

The programs shall not include activities for children that do not require substantial involvement of the children’s parents. The programs shall be reviewed periodically to assure the instruction and materials are not racially, culturally, or sexually biased. The programs shall encourage parents to be aware of practices that may affect equitable development of children.

Sec. 2. Minnesota Statutes 1990, section 121.882, is amended by adding a‘ subdivision to read:

Subd. 2_‘D. HOME VISITING PROGRAM. (gt) [he commissioner of educa- _t_iQg _r>_l1a_ll include as my _o_f tfi early childhood family education programs a parent education component tg prevent child abuse a_rg neglect. T_hi_s_ parent education component must include:



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Ch. 571, Art. 10 LAWS of MINNESOTA for 1992 2058~~

Q) expanding statewide fig home visiting component o_f tl1_e early childhood family education programs;

Q) training parent educators, child educators, and home visitors i_n th_e dynamics o_f child abuse and neglect and positive parenting and discipline prac- ti_ce_s; and

Q) developing agl distributing education gi public information materials that promote positive parenting skills £1 prevent child abuse a_rgl_ neglect.

(p) The parent education component must:

Q) _cflir t_o isolated g at-risk families direct visiting parent education peg; v_ic_e_s tl_1_a1 gt; l§3_s_t_ address parenting skills, g child’s development g_n_d stages 91‘ growth, communication skills, managing stress, problem—solving skills positive child discipline practices, methods o_f improving parent-child interactions@ enhancing self—esteem, using community support services $1 other resources, fl encouraging parents 39 pay; flip yv_it_h_ and enjoy gig; children;

Q) develop g Q assessment to_ol t_o determine th_e family’s level o_f risk; Q) establish clear objectives E protocols Q home visits; (3) determine jg frequency £1 duration pf home visits based pp _a risk-

need assessment o_f fig client, with home visits beginning i_n fig second trimester pf pregnancy gpd continuing, based pp client need, until a_t child _is_ _s_iy years old;

Q) encouragg families t_o make g transition from home visits Q site-based parenting programs 19 build Q family support network a_ng reduce ghe effects

g‘

isolation;

(Q) develop gig distribute education materials Q preventing child abuse all neglect that may lg used i_n home visiting programs £1 parent education classes gig distributed t_o th_e public;

(_7_) provide 511 l_eg_g 59 hours pf training £9; parent educators, child educa- go_r§, @ home visitors E covers th_e dynamics o_f child abuse gfll neglect, domestic violence E victimization within family systems, signs pf abuse Q other indications grit g @ fly Q a_t E o_f, being ‘abused 9; neglected, what fig abuse §p_d_ neglect gg, E t_o properly report cases 9_t_‘ child abuse £1 neglect, respect Q” cultural preferences i_n child rearing, what community resources, social service agencies, @ family support activities g programsQ available, child development Q51 growth, parenting skills, positive child discipline pggctices, identifying stress factors _a_r_1g techniaues Q reducing stress, home’ visiting technigues, @ E assessment measures;

Q) provide program services that g community-based, accessible, pg pu_l- turally relevant;E

(2) foster collaboration among existing agencies £1 community-based organizations that serve young children and their families.


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(Q) Home visitors should reflect th_e demographic composition _<_)_f_‘ ’th_e community gig home visitor i_s serving 19 tl_1p extent Dossible.

Sec. 3. Minnesota Statutes 1991 Supplement, section 124A.29, subdivision 1, as amended by H.F. 2121, article 1, section 18, is amended to read:

Subdivision 1. STAFF DEVELOPMENT, AND VIOLENCE PREVEN- TION PARENTAL INVOLVEMENT PROGRAMS. (a) Of a district’s basic revenue under section l24A.22, subdivision 2, an amount equal to $15 times the number of actual pupil units shall be reserved and may be used only to provide staff time for in-service education _f9_r violence prevention programs under §; tio_n 126.77, subdivision _2_, pg staff development programs, including outcome- based education, under section 126.70, subdivisions 1 and 2a. The school board shall determine the staff development activities to provide, the manner in which they will be provided, and the extent to which other local funds may be used to supplement staff‘ development activities.

(b) Of a district’s basic revenue under section l24A.22, subdivision 2, an amount equal to $5 times the number of actual pupil units must be reserved and may be used only to provide parental involvement programs that implement section l24C.61. A district may use up to $1 of the $5 times the number of actual pupil units for promoting parental involvement in the PER process.

Sec. 4. Minnesota Statutes 1991 Supplement, section 126.70, subdivision 1,

as amended by H.F. 2121, article 1, section 19, is amended to read:

Subdivision 1. ELIGIBILITY FOR REVENUE. A school board may use the revenue authorized in section 124A.29 Q in-service education Q violence prevention programs under section 126.77, subdivision 2, g if it establishes a staff development advisory committee and adopts a staff development plan. under this subdivision. A majority of the advisory committee must be teachers representing various grade levels and subject areas. The advisory committee must also include parents and administrators. The advisory committee shall develop a staff development plan that includes related expenditures and shall submit the plan to the school board. If the school board approves the plan, the district may use the staff development revenue authorized in section 124A.29. Districts must submit approved plans to the commissioner.

Sec. 5. Minnesota Statutes 1991 Supplement, section 126.70, subdivision 2a, is amended to read:

Subd. 2a. PERMITTED USES. A school board may approve a plan to accomplish any of the following purposes:

(1) foster readiness for outcome-based education by increasing knowledge and understanding of and commitment to outcome-based education;

(2) facilitate organizational changes by enabling a site-based team composed of pupils, parents, school personnel, and community members to address pupils’ needs through outcome-based education;

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(3) develop programs to increase pupils’ educational progress by developing appropriate outcomes and personal learning plans and by encouraging pupils and their parents to assume responsibility for their education;

(4) design and develop outcome-based education programs containing various instructional opportunities that recognize pupils’ individual needs and utilize family and community resources;

(5) evaluate the effectiveness of outcome-based‘ education policies, pro- cesses, and products through appropriate evaluation procedures that include multiple criteria and indicators; and

(6) provide staff time for peer review of probationary, continuing contract, and nonprobationary teachers;

(1) train elementary and secondary staff t_o help students learn t_o resolve conflicts ip effective, nonviolent ways;@

Q) encourage stall‘ ‘Q teach £1 model violence prevention policy @ curricula that address issues gf sexual fl racial harassment.

Sec. 6. [126.77] VIOLENCE PREVENTION EDUCATION. Subdivision L VIOLENCE PREVENTION CURRICULUM. Q) T_11eE

missioner o_f education, ip consultation yfl t_l'g commissioners 9_f_‘ health gig human services, state minority councils, battered women’s programs, sexual assault centers, representatives pf religious communities, @ @ assistantE missioner o_f ’th_e pf d_ru_g policy a_nd_ violence prevention, §ha_ll assist d_i§; tricts Q request i_n developing g implementing a_t violence prevention program £9; students ip kindergarten t_g grade _l_g E E E integrated irfi existing ir- riculum. Llie pu1_’pose o_f th_e program i_s t_o @ students l_e.3pr_1 p_o_\_)v_ 39 resolve conflicts within Q19}; families _§p_d communities i_n nonviolent, effective ways.

gp) Each district i§ encouraged t_g integrate into it_s existing curriculum g program f_o_r violence prevention that includes a_t least:

Q) 3 comprehensive, accurate, ppg _age_ appropriate curriculum o_n violence prevention, nonviolent conflict resolution, _ar_1_d sexual, racial, $1 cultural harassment tppt promotes equality, respect, understanding, effective communication, individual responsibility, thoughtful decision making positive conflict resolution, useful coping skills, critical thinking, listening _a_11g watching skills, gfl personal safety;

Q) planning materials, guidelines, Qd other accurate information Q preventing physical and emotional violence, identifying and reducing _t_h_e incidence o_f sexual, racial, and cultural harassment, and reducing child abuse and neglect;

(_3_) 3 special parent education component o_f early childhood family education programs pp prevent child abuse and neglect a_11d_ t_o promote positive parenting skills, giving priority tp services and outreach programs Q‘ at-risk families‘,




(3) involvement pf parents grid other community members, including t_h_e

clergy, business representatives, civic leaders, local elected oflicials, Law enforcement oflicials, _a_n_d_ _t_lle county attorney‘,

Q) cpllgboration yv_iQ local community services, agencies, gpg organizations Q13; gs_si_st i_n violence intervention 95 prevention, including family-basedQ vices, crisis services, l_ifp management skills services, gig coordination services, mental health services, grg ggly intervention services‘~

(Q) collaboration among districts gn_d ECSUs;

(1) t_a_rgeting early adolescents Q prevention efforts, especially early adolescents whose personal circumstances may lead Lg violent pr harassing behavior; and

(§) administrative policies that reflect, pig g staff that models, nonviolent behaviors that gip n_ot display pr condone sexual, racial, pr cultural harassment.

L9) The department may provide assistance a_t a_ neutral sifi t_o g nonpublic "school participating i_n a_ district’s program.

Subd. g IN-SERVICE TRAINING. Each district i_s encouraged pp provide training Q district gtpfl‘ gpg school board members t_o gp students identify violence i_n_ gig family _ap<_i 113, community gg gig students play l_e_a_rp ‘Q resolve conflicts i_r_1 effective, nonviolent ways. _'1:l1e in-service training must lg ongoing pg involve experts familiar wfl domestic violence an_d personal safety issues.

Subd. A FUNDING SOURCES. Districts {IE1 accept funds from public gnpl private sources Q‘ violence prevention programs developed a_n_d imple- mented under ;1li_s section.


127.46 SEXUAL HARASSMENT AND VIOLENCE POLICY. Each school board shall adopt a written sexual harassment and sexual vio-

lence policy that conforms with sections 363.01 to 363.15. The policy shall apply to pupils, teachers, administrators, and other school personnel, include reporting procedures, and set forth disciplinary actions that will be taken for violation of the policy. Disciplinary actions must conform with collective bargaining agreements and sections 127.27 to 127.39. The policy must be conspicuously posted in throughout each school building and included in each school’s student hand- book on school policies. Each school must develop _a process @ discussing t_l;e school’s sexual harassment ai_1_gl_ violence policy @ students @ school employees.

Sec. 8. [145.9265] FETAL ALCOHOL SYNDROME AND EFFECTS AND DRUG-EXPOSED INFANT PREVENTION.

The commissioner o_f health, i_n coordination with gig commissioner o_f education and the_ commissioner o_f human services, shall design and implement g

New language is indicated by underline, deletions by str-i-leeeut.



coordinated prevention effort t_o reduce tlfi rates o_f fetal alcohol syndrome £1 fetal alcohol effects, gpg reduce t_l_1_e number pf drug-exposed infants. _'I_‘l£ commissioner shall:

Q) conduct research 19 determine E most effective methods pf preventing fl alcohol syndrome, @ alcohol effects, g drug-exposed infants and t_o determine gig peg; methods Q; collecting information Q th_e incidence fig prevalence o_f these problems _ip Minnesota;

Q) provide training pp effective prevention methods tp health care professionals and human services workers; and

Q) operate Q statewide media campaign focused Q reducing th_e incidence pf fetal alcohol syndrome Q fetal alcohol effects, an_d reducing Q number o_f drug-exposed infants.

Sec. 9. [145A.15] HOME VISITING PR(iGRAM. Subdivision 1. ESTABLISHMENT. The commissioner of health shall

establish a_t grant program designed t_o prevent child abuse @ neglect py provid- Qg early intervention services Q families a_t Q o_f child abuse gig neglect. The grant program @ include:

Q) expansion ‘o_f current public health nurse and family aide home visiting programs;

Q) distribution o_f educational and public information programs gpg materi- §_l§ i_n hospital maternity divisions, well-baby clinics, obstetrical clinics, and

an_d

Q) training pf home visitors. Subd. A GRANT RECIPIENTS. Llle commissioner i_s authorized t_o award

grants t_o programs ;l_ia_t meet Qt; requirements 91‘ subdivision 9: gmg jg; a_re_ ;a_r_- gfl Q at-risk families. Families considered Q pg at-risk Q 91% abuse girl neglect include, E Q gig limited t_o, families

Q) adolescent parents;

(2.) 2 $1 21.” al_c_<21_1_9_1 1Tl§'2t_11§.F. drug algae; Q) g history o_f child abuse, domestic abuse, g "other dysfunction i_n th_e

family o_f origin;

(A) g history pf domestic abuse, rape, pg other forms pf victimization;

Q) reduced cognitive functioning;

(Q) g_ @ o_f knowledgg o_f child growth £1 development stages; 95 (Z) difficulty dealing with stress, including stress caused py discrimination,

New language is indicated by underline, deletions by s8.~r-i-leeeu-t.


2063 - LAWS of MINNESOTA for 1992 Ch. 571, Art. 1'0

mental illness, p high incidence pf crime g poverty ip th_e neighborhood, unem- ployment, divorce, an_d lack 9_f basic needs, often found i_n_ conjunction with 2_1

pattern pf family isolation.

Subd. _3, PROGRAM REQUIREMENTS. Q) 1 commissioner shall award grants, using a_ request Q proposal system, t_o programs designed tg

(_l_) develop g 33 assessment tpgl grid @ direct home visiting services t_o at-risk families including, _lp1_t n_o_t limited 19, education prp parenting skills, child development pig stages o_f growtlp communication skills, §’gr_e§§ management, problem-solving skills, positive child discinline practices, methods _tp improve parent-child interactions ail enhance self-esteem, community support services an 2t_h_ez ___.resources are my 19 aljgx an 12239. fill! with 1991 __ohi1d_u

Q) establish clear obiectives pg protocols Q J; home visits‘, Q) determine th_e freguency a_i_1<_i duration o_f home yisfi based ffl pQ

pegd assessment pf thp client‘, except ‘t11_at l_1_9_r_r§ yi_s_i_t_s_ §_h_a_ll % i_p tlg second trimester pf pregnancy gpg continue based Q ‘th_e Lad o_f th_e client g1_t_il grg c_hi@ reaches ggg si_x',

(3) develop pig distribute educational resource materials pppl offer presenta- tions Q Q5; prevention o_f child abuse Q neglect £91 pg i_p hospital maternity divisions, well-baby clinics, obstetrical clinics, £1 community clinics;@

Q) coordinate with other local home visitation programs, particul_a_rly those olfered py school boards under section 121.882, subdivision Q, _S£ Q tp avoid duplication.

Q) Programs must provide pt least 39 hours 91' training fpg public health nurses, family aides. E other home visitors. Training must include information pp mg following:

Q) th_e dynamics pf child abuse £1 neglect, domestic violence, £1 victimization within family systems;

(2) signs o_f abuse Q; other indications th_at p child may Q at @ pf abuse 9; neglect;

Q) what _is_ child abuse gig neglect‘, L41) [gm t_o properly report cases o_f child abuse agg neglect‘,

Q) respect Q cultural preferences i_p child rearing‘, (_6_) community resources, social service agencies, and family support activi-

ties g programs; (_7_) child development pn_d growth;

Q) parenting skills,

New language is indicated by underline, deletions by at-r-ikeeut.



(2) positive child discipline practices;

g10[ identification o_f stress factors and stress reduction technimies;

3111 home visiting technigues; gpg g12g ri_sk assessment measures.

Program services must E community-based, accessible, and culturally relevant and must Q designed t_o foster collaboration among existing ggencies and community-based gganizations.

Subd. i EVALUATION. Each program E receives g grant under @s_ section _n_1ps_t include g Q program evaluation designed t_o measure @ effectiveness o_f th_e program _ip preventing child abuse @ neglect. Qp January 1, 1994, @ annually thereafter, @ commissioner o_f health §h_a_l_l submit z_1

report t_o tpg legislature Q g_ll activities initiated _ip @~ biennium under t_lyi_§ section. E report §h_a_ll include information Q th_e outcomes reported py a_ll programs tl_1a_t received grant funds under t_h_i_s section i_n @ biennium.


245.484 RULES.

The commissioner shall adopt emergency rules to govern implementation of case management services for eligible children in section 245.4881 and professional home-based family treatment services for medical assistance eligible children, _in section 245.4884, subdivision 3, by January 1, 1992, and must adopt permanent rules by January 1, 1993.

The commissioner shall adopt permanent rules as necessary to carry out sections 245.461 to 245.486 and 245.487 to 245.4888. The commissioner shall reassign agency staff as necessary to meet this deadline.

fiy January 1, 1993, ’th_e commissioner shall adopt permanent rules specify- gig program reguirements fi)_i_' family community support services. -

Sec. 11. Minnesota Statutes 1990, section 245.4871, is amended by adding a subdivision to read: *‘

Subd. E CRISIS ASSISTANCE. “Crisis assistance” means assistance Q phg child, family, gfli Q chi1d’s school i_n recognizing §pc_l resolving g mental health crisis. _I_t §_l_1_a_l1 include, a_t g minimum, working _w_im th_e child, family, g_r_1_d school pg develop _a crisis assistance plan. Crisis assistance Q n_ot include _s_e_r; vices designed Q secure th_e safety 9_f 3 child Q i_s a_t E o_f abuse g neglect pg necessagy emergency services.

Sec. 12. Minnesota Statutes 1991 Supplement, section 245.4884, subdivision 1, is amended to read:

New language is indicated by underline, deletions by st-ri-leeeut.



Subdivision 1. AVAILABILITY OF FAMILY COMMUNITY SUPPORT SERVICES. By July 1, 1991, county boards must provide or contract for sufficient family community support services within the county to meet the needs of each child with severe emotional disturbance who resides in the county and the child’s family. Children or their parents may be required to pay a fee in accor~ dance with section 245.481.

Family community support services must be designed to improve the ability of children with severe emotional disturbance to:

(I) manage basic activities of daily living;

(2) function appropriately in home, school, and community settings;

(3) participate in leisure time or community youth activities;

(4) set goals and plans;

(5) reside with the family in the community;

(6) participate in after-school and summer activities;

(7) make a smooth transition among mental health and education services provided to children; and ’

(8) make a smooth transition into the adult mental health system as appropriate.

In addition, family community support services must be designed to improve overall family functioning if clinically appropriate to the child’s needs, and to reduce the need for and use of placements more intensive, costly, or restrictive both in the number of admissions and lengths of stay than indicated by the child’s diagnostic assessment.

llgg commissioner o_f human services slill work flth mental health professionals _t_q develop standards f9_1_' clinical supervision pf family community gp-_ pgt services. These standards shall 3 incorporated _i_r_i gig app Q guidelinesE grants £9; family community support services.

Sec. 13. Minnesota Statutes 1990, section 254A.l4, is amended by adding a subdivision to read:

Subd. _?_>; GRANTS FOR TREATMENT OF HIGH-RISK YOUTH. Lime commissioner _o_f human services §l_i_2fl award grants _o_1_1 a pilot proiect basis 19 develop culturally specific chemical dependency treatment programs E minority _a_p_d other high-risk youth, including those enrolled i_n £e_a learning centers, those presently _i_r; residential chemical dependency treatment apg youth gig rently under commitment t_o thg commissioner o_f corrections g detained under chapter ;6_Q: Proposals submitted under @i_s_ section shall include a_1_p outline pf LIE treatment program components. Q description o_f t_h_e target population t_oQ served, fld a protocol f_o; evaluating th_e program outcomes. '

New language is indicated by underline, deletions by etri-leeeut;


Ch. 571, Art. 10 LAWS of MINNESOTA for‘ 1992 2066

See. 14. Minnesota Statutes 1990, section 254A.l7, subdivision l, is

amended to read:

Subdivision 1. MATERNAL AND CHILD SERVICE PROGRAMS. (Q) The commissioner shall fund maternal and child health and social service programs designed to improve the health and functioning of children born to moth- ers using alcohol and controlled substances. Comprehensive programs shall include immediate and ongoing intervention, treatment, and coordination of medical, educational, and social services through a child’s preschool years. Pro- grams shall also include research and evaluation to identify methods most effective in improving outcomes among this high-risk population.

(p) 113; commissioner o_f human services gfi develop models Log me treat- fit o_f children g Q t_o Q 113; §_r_§ i_n need o_f chemical dependency treatment. _'I_‘_h_e_ commissioner gpgfl f_upgi_ at lLt tw_o projects yfil; gualified providers t_o provide nonresidential treatment £9; children i_n 11$ ggg group. Model programs must include Q component Q monitor E evaluate treatment outcomes.

Sec. 15. Minnesota Statutes 1990, section 254A.l7, is amended by adding a subdivision to read: '

Subd. 3 PROGRAMS FOR PREGNANT WOMEN AND WOMEN WITH CHILDREN. Within gig limits pf funds available, th_e commissioner pf human services flip fund programs providing specialized chemical dependency treatment Q pregnant women a_r;q women @ children. Lire programs §l_ia_ll provide prenatal care, child care, housing assistance, E other services needed 19 ensure successful treatment.

Sec. 16, [256.486] ASIAN JUVENILE CRIME PREVENTION GRANT PROGRAM.

Subdivision L GRANT PROGRAM. flag commissioner _o_f human services establish g grLt program fcg coordinated, family-based crime prevention

services Q Asian youth. _'I_‘_h_e commissioners o_f human services, education; a_rg public safety §_h_afl work t_ogether t_o coordinate grant activities.

Subd. ; GRANT RECIPIENTS. Llie commissioner shall award grants i_n amounts Q Q $150,000 ’_tp agencies based i_n th_e Asian community that have experience providing coordinated, family-based community services t_o Asian youth @ families.

Subd. 1 _PROJECT DESIGN. Projects eligible Q grants under tfi section must provide coordinated crime prevention gn_d educational services tp_a_t

include:

Q) education E Asian parents, including parenting methods _ip gig United States 5131 information about me United States legal @ educational systems;

(_2_) crime prevention programs Q Asian youth, including employment and career-related programs and guidance and counseling services;




(_3_) family-based services, including support networks, language classes, programs tp promote parent-child communication, access t_o education and career resources, and conferences Q Asian children and parents;

(3) coordination with public a_ncl_ private agencies t_o improve communication between th_e Asian community and ghe community et large‘, a_np1

(_5_) hiring _S1;fll_‘]:_9_ implement LIE services i_n clauses Q) Q (3; Subd. 4. USE OF GRANT MONEY TO MATCH FEDERAL FUNDS.

Grant money awarded under t_hi_s section may lg used tp satisfy a_ny state _o_r

local match requirement that must be satisfied _ip order 19 receive federal funds.

Subd. 3 ANNUAL REPORT. Grant recipients must report t_o_ glee commissioner _l_)_y ._Iu_r1e §_(_) 9_f filC_h_ yeep 9p ;h_e_ services gig mograms provided, expendi- tu_re§ pf gr_ap_t money, g_n_d Q evaluation pf ghe program’s success i_n reducing crime among Asgp youth.

Sec. 17. [256F.09] GRANTS FOR CHILDREN’S SAFETY CENTERS. Subdivision L PURPOSE. Tile commissioner §l1_a_1l iiue e reguest fee pr‘_o;

posals from existing local nonprofit, nongovernmental organization_s_, t_o 1_is_e_

existing local facilities eg pilot children’s safety centers. The commissioner gall award grants in amounts pp t_o $50,000 Q t_he pugpose 9;‘ creating children’s safety centers t_o reduce children’s vulnerability ‘Q violence mi trauma related t_o family visitation, where there leap been e history o_f domestic violence er_ abuse within ;l_te family. Q 1ea_s_t gpe _0_f th_e pilg projects elefl pe located ip flie seven-county metropolitan E egg er, 1e§_1_; 9_1_1_e o_f the projects _s_l_1e1_l_ be located outside gig seven-county metropolitan area, efl t_l1_e commissioner §_l1a_1ll award th_e grants 19 provide the greatest possible number pf safety centers egg t_q locate them 19 provide §o_r ghe broadest possible geographic distribution 9_f th_e centers throughout th_e

Each children’s safety center must es_e existing local facilities 39 provide e healthy interactive environment fig; parents @ ere separated g divorced a_rg Q parents fl_t_h_ children i_n foster homes _t_(_)_ y_i_s_i_t yvfl E children. @ centers _n_1_L_1s_t Q available Q ye by district courts yyhp _r_n_ey order visitation t_g occur a_t _a_: safety center. @ centers _rr_1ey fie Q id a_s drop-off ,siti Q the; parents w_h<) a_re. under _q>_1gt_ order Q have pp contact @ L16}; o_ther eep exchange Lil- dren fig visitation a_t e neutral s_ite, Each center must provide sufficient security 19 ensure e @ visitation environment Q children ar1_d their parents. A grantee must demonstrate ghe ability te provide e l9_cel match, which E include ir_1;

lgipg contributions.

Subd. _z, PRIORITIES. I_n_ awarding grants under tfi program, th_e commissioner shall giv_e priority t_o_:

(_l_) areas 91' fie state where pg children’s safety center g similar facility exists;

New language is indicated by underline, deletions by st:-i-leeeut.



Q) applicants who demonstrate that private funding Q t_l_1_e center i_s available Q v_vi_l_l continue",@

(_3_) facilities that E adapted ffl p§_e_ t_o_ care E children, such a_s Qy care centers, religious institutions, community centers, schools, technical colleges, parenting resource centers, pryd child care referral services.

Subd. 3. ADDITIONAL SERVICES. Each center _nlgy provide parenting '

arid child development classes, gig offer support groups t_q participating custo- gm; parents £1 hold regular classes designed Q assist children who have experienced domestic violence grgl abuse.

Subd. _4_. REPORT. Q commissioner shall evaluate _t_l_1_e_ operation o_f"tl1_e pilot children’s safety centers gpc_l report t_o Q legislature by February 1, 1994, with recommendations.

Sec. 18. [256.995] SCHOOL-LINKED SERVICES FOR AT-RISK CHIL- DREN AND YOUTH.

Subdivision L PROGRAM ESTABLISHED. I_n 39 enhance gig deliv- e_ry pf needed services _t_q at-risk children gig youth £1 maximize federal funds available f_q1_' gilt purpose, t_h_e_ commissioners o_f human services Q31 education @ design Q statewide program pf collaboration between providers pf health g_n;l social services _fo_r children gt local school districts, tp Q financed, ’_tp@ greatest extent possible, from federal sources. flip commissioners 9_f health agg public safety sl1_all assist t_l;e_ commissioners o_f human services @ education i_n designing t_h_e_ program.

Subd. __2_, AT-RISK CHILDREN AND YOUTH. [lg program shall target at-risk children _a__r£l youth, defined Q individuals, whether 9_r_ n_o’t enrolled i_n school, _vyl_19_ g under gt years o_f2_1g_e _a_ng who:

Q) pr_e sclil dropouts‘,

Q) E failffl i_n S<=1&1.'. Q) 1335; t>ei>_rp_e pregnant‘,

(3) pr; economically disadvantaged;

(21 2:9 flifiil o_f d_rur. su @ almu; (Q) 5% victims o_f physical, sexual, g psychological a_bp§g; (1) have committed g violent Q delinauent Lt; Q5) fl experienced l_1§altl; problems’,

(_9_) attempted §1_1ipi;i§;

(lg) pav_e experienced long-term mg E dig ‘pp New language is indicated by underline, deletions by strikeeu-t.



(_l_1_) _a_rp at @ pf becoming 95 have lfigome drug 9_r_ alcohol abusers g chemically dependent;

(12) have experienced homelessness;

(Q) have been excluded pg expelled from school under sections 127.26 t_o 127.39; _c_)_1;

(_l_5) have been adjudicated children _ip need pf protection g services. Subd. 1 SERVICES. Llw program must Q designed Q tp duplicate exist-

i_ng programs, _l)_ut t_o enable schools Lg collaborate yv_i_t_h county social service agencies @ county health boards Qt} yv_iQ l_o_c£l public pg private providers ‘pg assure 1;h_at at-risk children gig youth receive health care, mental health services, family glppg §_r_1_d alcohol counseling gpg needed social services. Screenings app referrals under tpis program shall _n_ot duplicate screenings under section 123.702.

Subd. 5 FUNDING. Ihg program must pp designed Q t_aulc_e advantage pf available federal funding including th_e following:

(1) child welfare funds under United States Code, _t_ifl_e Q, sections 620-628 (1988) a_ngl_ United States Code, tick f}_2_, sections 651-669 11988);

(_2_) funds available Q health gag _a_n_d health _c_ar_§ screening under medical assistance, United States Code, gtle 342, section 1396 (1988);

(_3_) social services funds available under United States Code, gig 4_2, sec; ti_Q1_1_ 139711988);

(3) children’s gay page funds available under federal transition Ea; child care, Qe Family Support E, Public lgw Number 100-485; federal at-risk child _c£e_ program, Public Lz1_w Number 101-5081; E federal child <_:a_r_<_: and development block grant, Public Law Number 101-5082; £1 _

(_5_) funds available Q fighting drug abuse E chemical dependency i_n children gig youth, including th_e following:

(_i_)_ funds received by gig office o_f drug policy under _t_l_1§ federal Anti-Drug Abuse §_c_t _a_r_x_d other federal programs;

(ii) funds received py th_e commissioner pf human services under tli_e federal alcohol, drug abuse, _a_n_d mental health block grant;g

giiig funds received py flip commissioner p_f_‘ human services under tl_1_§ drug- free schools and communities act.

Subd. _; WAIVERS. @ commissioner o_f human services £111 collaborate @ t1_1g commissioners pf education, health, _an_d public safety t_o @ tip; f_e_¢ gal waivers necessary 19 secure federal funds ib_r implementing ply; statewide school-based program mandated py gg section. Each commissioner shall

New language is indicated by underline, deletions by ea‘-ileeeut.


Ch. 571, Art. l0 LAWS of MINNESOTA for 1992 2070

amend gig state plans Q programs specified i_n subdivision §; _t_o_ 1119 extent t_1p9_- essa1_'y pg ensure plgg availability o_f federal funds Q5 Q9; school-based program.

Subd. Q PILOT PROJECTS. Within Q Q3 o_f receiving t_l§ necessa1_'y federal waivers, t_l_1p commissioners Q‘ human services _2_1_1gl education imple- ggt gt lg; twp pilcp programs g1_a_t li_n_lg health _a_np1 social services i_n thp schools. E program _s_lEl_l _b_e located i_n p school district Q E seven-county metropolitan area. flip other program §h_a_ll lye located _i_r_1_ §._ greater Minnesota school district. [hp commissioner o_f human services, Q collaboration gpg; ’th_e commissioner _o_f education, @513 select ’ch_e E programs pr_1 a_ reguest §gr_ pro_- Q11 basis. flu; commissioners gfl giv_e priority 39 school districts @ some expertise ip collocating services fgr; at-risk children @ youth. Programs funded under this subdivision must:

Q) involve _a plan ftp collaboration between p school district E a_t least m local social service 9_1_' health care ggencies t_o provide services f_o§ which@ pg funds pyeavailable t_o at-risk children g youth;

Q) include parents Q guardians _ip program ganning and implementation; Q) contain 3 communiy outreach component; and

(1) include protocol Q evaluating gr; program. Subd. 1 REPORT. IE commissioners o_f human services gp_c1 education

shall report 19 t_l3g legislature py Janua _1__§; 1993, o_n th_e design @ status pf tpg statewide program Q" school-linked services. jg report shall include t_h_e_

following:

(I) g complete program design fpi; assuring th_e implementation o_f health @ human services fg children within school districts statewide; Q) g statewide funding plan based pp th_e psg pf federal funds; including

federal funds available only through waiver;

Q) copies 9_f th_e waiver requests and information pp tp_e_ status o_f ‘

requests Q‘ federal approval;

(1) status 9_f‘tl1_e pilot program development; all

Q) recommendations Q statewide implementation pf mg school-linked £7 vices program.

Sec. 19. [260.l52] MENTAL HEALTH SCREENING OF JUVENILES IN DETENTION.

Subdivision _1_._ ESTABLISHMENT. '@ commissioner o_f human services; i_n cooperation @ ’th_e commissioner 91‘ corrections §@l_ establish pig pflj; its _i_r_1 counties tp reduce mg recidivism rates 9_f juvenile offenders, lpy identify- i_r_1g all treating underlying mentalhealth problems _t_h_a_t contribute t_q delinguent behavior gfl gr; lg addressed through nonresidential services. Q




least E pf t_h_e pilot projects must pp i_n ply seven-county metropolitan area gig a_t least 9_r_l_e must pg i_n greater Minnesota.

Subd. A PROGRAM COMPONENTS. IQ commissioner o_f human spy; E s_l_1pl_l, i_n_ consultation w_it_l1 tl1_e Indian affairs council, ply council pp affairs o_f Spanish-speaking people, fig council gm Black Minnesotans, Ed ]:_l;§ council Q Asian-Pacific Minnesotans, provide grants t_o_ flip counties Q flip pi_1pt prpj; pegs: [hp projects @ build upon gig existing service capabilities i_n th_e gr; munity E flip; include: '

Q) screening fig; mental health problems o_f a_ll juveniles admitted before adjudication 19 g secure detention facility pg defined p; section 260.015, subdivi- $1; _l_§_, a_p<_i_ fly juvenile alleged _t_9_ pg delinguent gs _tlLt gelm _i§ defined i_n peg; gop 260.015, subdivision §,, wl_1_Q _i_s admitted ftp gt shelter pgigp facility, _a_s_ defined _i_p section 260.015, subdivision _1]_;

Q referral _f9_r mental health assessment o_f a_ll iuveniles Q whom t_hp screening indicates _a need. _'I‘_l‘l§ assessment _i§ Q pg provided lpy the appropriate mental health professional. I_f tpe juvenile jg o_f g minority page gr; minority Lh- Lic_ heritage, _t_he_ mental health professional must pg skilled jp El knowledge- gb_le about jg iuvenile’s racial amt ethnic heritage, o_r must consult @ §_ special mental health consultant _w_l_1_p l_3a_s _sg:_l; knowledge pg 3% tll_e assessment _i_s relevant, culturally specific, @ sensitive ftp thp juvenile’s cultural needs; §_Il_d

Q) upon completion _qf_' th_e assessment, access _tp 9_r provision pf nonresiden- t_ial mental health services identified gs needed pg t_h_e assessment.

Subd. 3. SCREENING TOOL. _”l;he_ commissioner g human services £1 gig commissioner pf corrections shall jointly develop gt model screening tool 19 screen juveniles held i_r_1_ juvenile detention t_o determine i_f g mental health’ assessment i_s needed. This t_o_gl must contain gyecific questions _t_g identify potential mental health problems. I_p implementing Q pilot project, a county _rr_1_1_1_g either pg t_l_1_i_s_ model ;o_o_l 91 another screening p(_)_9_l approved pg t_h_e peg missioner pf human services which meets ply requirements o_f Q1_i_s section.

Subd. i PROGRAM REQUIREMENTS. E receive funds, gig county program proposal gipll Q g jpi_p_t_ proposal @ a_ll affected kill agencies, result- i1_1g ip pa_r_t §r_gm_ consultation yyitp tpp l_o_c_:p1 coordinating council established under section 245.4873, subdivision §, g_n_d_ t_flt=._ lc_>pa_l mental health advisogy council established under section 245.4875, subdivision §_, §n_d s_ha_ll contain 33 following:

(_I) evidence o_f interagency collaboration py a_ll publicly funded agencies serving iuveniles with emotional disturbances, including evidence o_f consultation with @ agencies listed i_n t_l_1i§ section;

(2) g signed agreement pg th_e local court services _a_r_1_c_1_ local mental health 1114 county social service agencies t_o work together O_1'l fie following: develop- _r_n__ep_t _o_f_‘ Q program; development 9_f written interagency agreements _ap_d proto- 995 _tp ensure :t_llat_ _t_h_q mental health needs o_f juvenile offenders g identified,



C11. 571, Art. 10 LAWS of MINNESOTA for 1992 2072

addressed, @ treated; E development, o_f g procedure fgr‘ ioint evaluation o_f th_e program",

(_3) g description pf existing services _t_l_i_at yvfl 3 used i_n E program‘, (5) 2_1 description Q additional services that @ lg developed with program

funds, including estimated costs a£i numbers o_f iuveniles t_o lg served; gt Q) assurances that fundsreceived py Q county under E section fig pp; lg

used _t9_ supplant existing mental health funding E which g1_e_ iuvenile E eligible. 1 commissioner o_f human services z_1_ry(_l Q commissioner pf corrections flail iointly determine E application form, information needed, deadline Q application, criteria _flQ__r_ awards, a_nd _a process Q providing technical assistance gfl training t_o counties. % technical assistance gall include information about programs ’th_at have been successful i_q reducing recidivism l_)y iuvenile offenders.

Subd. _5, INTERAGENCY AGREEMENTS. Ip receive funds, th_e county must agree t_o_ develop written interagency agreements between local court _se_r; vices ggencies all local county mental health agencies within _s_iy(_ months o_f receiving Q9 initial program funds. These agreements §@ include g description o_f % 1()_(:z_1l agency’s responsibilities, wi_t_l1 g detailed assignment o_f t_h_e_ necessa1_'y _tp implement tl1_e program. IE agreement @ state Q th_ey wi_ll_ comply @ tl'i_e confidentiality reguirements pf 33 participating l_o_ggl agencies.

Subd. Q EVALUATION. flip commissioner o_f human services E t_h_g commissioner o_f corrections s_ha_H, Q consultation @ th_e Indian affairs coun- c_il, tfi council gr affairs 9_f Spanish-speaking people, flip council Q Black Min- nesotans, _a_ng t~h_e council gm Asian-Pacific Minnesotarys, develop systems p;1_d_ procedures Q‘ evaluating 115 pilot projects. 1 departments mist develop a_n interagency management information system 19 track juveniles w_l1o receive mental health _ElIl_d chemical dependency services. 1l_1_§ system must [:3 designed t_o me_e,t th_e information needs o_f th_e agencies involved a£1 tp provide 2_1 Q evaluating outcome data. 115 system must lg designed t_o track th_e mental health treatment pf juveniles released _fr_cpn_ custody gig tp improve fie flip fig, delivegy, g1pc_l evaluation o_f services E increase interagency collaboration. Q evaluation protocol must pp designed t_o measure Q; impact o_f@ program Q iuvenile recidivism, school performance, and state and county budgets.

Subd. _7_. REPORT. 9;; Janua 1, 1994, E annually fir tl1_211, fie g9_p1_-_ missioner o_f corrections ail ;l_1§ commissioner o_f human services E present §_ jpi_n1 report tp th_e legislature 9_r_1_ g @ projects funded under t_l_1_i§ section.E report $11 include information _o_n_ ting following:

Q) fig number o_f juvenile offenders screened gfi assessed; Q) t;h_e number pf iuveniles referred Q mental health services, t:h_e types o_f

services provided, ggd t_l_1_e costs‘,'

New language is indicated by underline, deletions by st-rileeeat.



(Q) tli_e number _g_f_‘ subseguently adiudicated juveniles th_at received mental health services under gig program; a_n§_

(Q glg estimated grit savings o_f th_e program a_nL1 th_e impact o_n_ crime. Sec. 20. Minnesota Statutes 1991 Supplement, section 299A.30, is amended

to read:

299A.30 OFFICE OF DRUG POLICY AND VIOLENCE PREVENTION. Subdivision 1. OFFICE; ASSISTANT COMMISSIONER. The office of

drug policy _a_n_d_ violence prevention is an office in the department of public safety headed by an assistant commissioner appointed by the commissioner to serve in the unclassified service. The assistant commissioner may appoint other employees. The assistant commissioner shall coordinate the violence prevention activities app gig prevention and supply reduction activities of state and local agencies and provide one professional stall‘ member to assist on a full-time basis the work of the chemical abuse prevention resource council.

Subd. 2. DUTIES. (a) 1113 assistant commissioner shall:

(_l_) gather, develop, _a_1_i_i(i_ _rpzfl<_e available throughout tli_e_: state information gig educational materials pp preventing Qt} reducing violence i_n Q family gig i_n ]:_i_'l§_ community, _bptl_i directly gig py serving 2_1§ a clearinghouse fi>_r informa- tifl Q31 educationgl materials from schools, state gig local ggencies, commu- i_i_ity service providers, an_d local organizations;

(2) foster collaboration among school_s, state and local agencies, community service providers, and local organizations that assist ir_i violence intervention Q prevention;

(31) assist schools, state and local agencies, service providers, and organizations, gi request, with training and other programs designed tp educate individuals about violence and reinforce values that contribute t_o ending violence;

(fl) after consulting’ with al_l state agencies involved i_n preventing o_r reduc- ipg violence within (:3 family Q_i; community, develop a statewide strategy fpr preventing _a_r_ig reducing violence that encompasses gt; eflbrts o_f those agencies and takes into account a_ll money available £9; preventing pr reducing violence from fly source‘,

(§) submit tli_e strategy t_o t_h_e governor E tli_e legislature bl Januag _1j o_f §_2_1_<$ calendar Egg, algpg @ a_ summag pf activities occurring during E pg_e_-_ vious ye_m' t_o prevent 9_r reduce violence experienced py children, young people, a_n_d_ Ln families; at

(Q) assist appropriate professional a_ng occupational organizations, including organizations pf @ enforcement officers, prosecutors, E educators, Q developing gig operating informational £1 training programs ‘Q improve t_l‘§ effectiveness _o_f activities t_g prevent g reduce violence within the family o_r community.

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(Q) The assistant commissioner shall gather and make available information on prevention and supply reduction activities throughout the state, foster cooperation among involved state and local agencies, and assist agencies and public '

oflicials in training and other programs designed to improve the effectiveness of prevention and supply reduction activities.

(-19) (Q) The assistant commissioner shall coordinate the distribution of funds received by the state of Minnesota through the federal Anti—Drug Abuse Act. The assistant commissioner shall recommend to the commissioner recipients of grants under sections 299A.33 and 299A.34', after consultation with the chemical abuse prevention resource council.

(e) (g) The assistant commissioner shall:

(1) after consultation with all state agencies involved in prevention -or supply reduction activities, develop a state chemical abuse and dependency strategy encompassing the efforts of those agencies and taking into account all money available for prevention and supply reduction activities, from any source;

(2) submit the strategy to the governor and the legislature by January 15 of each year, along with a summary of .prevention and supply reduction activities during‘ the preceding calendar year;

(3) assist appropriate professional and occupational organizations, including organizations of law enforcement officers, prosecutors, and educators, in developing and operating informational and training programs to improve the effectiveness of prevention and supply reduction activities;

(4) provide information, including information on drug trends, and assistance to state and local agencies, both directly and by functioning as a clearinghouse for information from other agencies;

(5) facilitate cooperation among drug program agencies; and

(6) Q coordination with ’th_e chemical abuse prevention resource council, review, approve, and coordinate the administration of prevention, criminal justice, and treatment grants.

Sec. 21. Minnesota Statutes 1991 Supplement, section 299A.31, subdivision- 1, is amended to read:

Subdivision 1. ESTABLISHMENT; MEMBERSHIP. A chemical abuse prevention resource council consisting of -l-7- l_9_ members is established. The commissioners of public safety, education, health, corrections, and human services, me director 91‘ the oflice o_f strategic aid long-range nlanning and the attorney general shall each appoint one member from among their employees. The speaker of the house of representatives and the subcommittee on committees of the senate shall each appoint a legislative member. The governor shall appoint an additional ten members who shall represent the demographic and geographic composition of the state and, to the extent possible, shall represent

New language is indicated by underline, deletions by etr-ileeeat.



the following: public health; education including preschool, elementary, and higher education; social services; financial aid services; chemical dependency treatment; law enforcement; prosecution; defense; the judiciary; corrections; treatment research professionals; drug abuse prevention professionals; the business sector; religious leaders; representatives of racial and ethnic minority communities; and other community representatives. The members shall designate one of the governor’s appointees as chair of the council. Compensation and removal of members are governed by section 15.059.

A

See. 22. Minnesota Statutes 1991 Supplement, section 299A.32, subdivision 2, is amended to read:

Subd. 2. SPECIFIC DUTIES AND RESPONSIBILITIES. In furtherance of the general purpose specified in subdivision 1, the council shall:

(1) assist state agencies in the coordination of drug policies and programs and in the provision of services to other units of government, communities, and citizens;

(2) promote among state agencies policies to achieve uniformity in state and federal grant programs and to streamline those programs;

(3) oversee comprehensive data collection and research and evaluation of alcohol and drug program activities;

(4) seek the advice and counsel of appropriate interest groups and advise the assistant commissioner of the oflice of drug policy gig violence prevention;

(5) seek additional private funding for community-based programs and research and evaluation;

(6) evaluate whether law enforcement narcotics task forces should be reduced in number and increased in geographic size, and whether new sources of funding are available for the task forces;

(7) continue to promote clarity of roles among federal, state, and local law enforcement activities; and

(8) establish criteria to evaluate law enforcement drug programs.

Sec. 23. Minnesota Statutes 1991 Supplement, section 299A.32, subdivision 2a, is amended to read:

Subd. 2a. GRANT PROGRAMS. The council shall, i_n coordination1 fie assistant commissioner o_f _t_h_e office o_f ggug policy $1 violence prevention, review and approve state agency plans regarding the use of federal funds for programs to reduce chemical abuse or reduce the supply of controlled substances. The appropriate state agencies would have responsibility for management of state and federal drug grant programs.

New language is indicated by underline, deletions by str-i-leeeu-t.



See. 24. [299A.325] STATE CHEMICAL HEALTH INDEX MODEL. 1 assistant commissioner o_f'tl1_e gfi_cp' pf fig policy £1 violence preven- t_ipr_i g_r_id_ th_e chemical abuse prevention resource council gall develop gn_d @ g chemical health index model t_o l_'l_e_lp assess fig state’s chemical health a_r£l coordinate sgfi policy pg programs relating t_o chemical abuse prevention gig treatment. flip chemical health index model E assess 3 Variety _c_>_f factors known tp gffgcg th_e psp §_n;i abuse o_f chemicals i_n different parts pf thg stzi including, _b_p_t_ my limited t_o; demographic factors, @ factors, health fig utili- zation, drug-related crime, productivity, resource availability, g1_c_l overall health.

Sec. 25. Minnesota Statutes 1991 Supplement, section 299A.36, is amended to read:

299A.36 OTHER DUTIES. The assistant commissioner assigned to the oflice of drug policy gig vio-

lence prevention, in consultation with the chemical abuse prevention resource council, shall:

(1) provide information and assistance upon request to school preassess- ment teams established under section 126.034 and school and community advisory teams established under section 126.035;

(2) provide information and assistance upon request to the state board of pharmacy with respect to the board’s enforcement of chapter 152;

(3) cooperate with and provide information and assistance upon request to the alcohol and other drug abuse section in the department of human services;

(4) assist in coordinating the policy of the oflice with that of the narcotic enforcement unit in the bureau of criminal apprehension; and

(5) coordinate the activities of the regional drug task forces, provide assistance and information to them upon request, and assist in the formation of task forces in areas of the state in which no task force operates.

Sec. 26. STUDY; DEPARTMENT OF CORRECTIONS. lhp commissioner pf correction_s, Q collaboration yfli ply; commissioner o_f

human services an_d flip assistant commissioner o_i‘tl1_e office pf fig policy an_d violence prevention, s_l121_fl conduct g comprehensive study Q E availability _an_d quality 9_f appropriate treatment programs within tl1_e criminal g iuvenile iustice system Q adult Ed iuvenile offenders wig a_r__e_ chemically dependent gg abuse chemicals. I_n particular, thp commissioner _s_l_;a_ll investigate tl_1§ extent t_o which th_e l_ag pf culturally oriented treatment programs Q minority youth ha_s 99$ tributed t_o disparate a_nq more punitive treatment pf these youth py tl1_e juvenile justice system. Q an gt‘ glyig study, th_e commissioner ggafl determine jg c_os_t o_f expanding th_e availability pf culturally oriented treatment programs Q gl_1 E11 a_n_gl juvenile offenders v_v_h_q a_1'e Q need 91' treatment. 11$ commissioner

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shall report me study’s findings Q recommendations 19 me legislature bl Feb~ ruai_y _l_, 1993.

Sec. 27. STATEWIDE MEDIA CAMPAIGN. IQ commissioner o_f health, _ip collaboration fl1:_l_l_ ghg commissioner pf

human services gig gig commissioner o_f public safety, s_liafl design Q implement g statewide mass media campaign Q gh_e promotion o_f chemical health. I_h_e_ campaign m_u§_t_ u_S(_i_ bo_fl1_ traditional Qt; nontraditional media a_n_d focus gig Qt} support chemical health activities conducted gt t_h_e_: community _1e_ge_l gig}; diverse Q targeted populations. [hp campaign must list g minimum o_f s_i§ months aid pg coordinated 1/it_l1 local school gn_d community educational efforts, policy, skills training g_n_d behavior modeling.

Sec. 28. CHILD ABUSE PREVENTION GRANT. _T_h_<_: commissioner g human services §l;2;l_l award g grant 9 g nonprofit,

statewide child abuse prevention organization whose primary focus i_s parent self-help Q support. Grant money _n_1gy p_e_ pggd _fo_r gpe 93 Q pf t_h_e_ follow- i_ng activities:

§_l_) 19 provide technical assistance a_nd_ consultation t_o_ individuals, 9_rganiza- tions, 9; communities 19 establish local o_r regional parent self-help Q1 sg)port organizations Q abusive 9_r_ potentially abusive parents;

(2) tp provide coordination gig networking among existing parent self-help child abuse prevention organizations;

Q) t_o recruit, train, grid provide leadership Q volunteers working i_n; child abuse prevention programs;

(41) _t_g_ expand gig develop child abuse programs throughout th_e state; 9; (_5_) Q statewide educational gpg public information efforts t_o increase

awareness pf g_h_g problems g_rLd_ solutions o_f child abuse.

Sec. 29. ECFE REVENUE. _I_n_ gddition t_o gig revenue ip section 124.2711, subdivision _l_, i_n Qa_l y_eg_r

l_9_9_I’_a g district ig eligible Q gig equal t_o_ $1.60 times t_h_g greater pf £9 o_r §h_e_ number _o_f people under _fiv_e years o_f ggp residing i_n fl_l§ school district pp gag tember 1 9_f t_h_e 133; school year. IQ amount may lg used o_nlg Q in—service education Q early childhood family education parent educators, plgigi educa- ti, a_r1(_1 home visitors Q violence prevention programs Q31 Q home visiting programs under section _6_. A district gag Qg revenue under t_h§ paragraph Q home visiting programs s_l1at_ll provide home visiting program services through it_s early childhood family education program pg s_l121_l_l contract Q g public QQ; profit organization t_o provide s_u__c_h services. A district m_ay establish g _r_1§_\g home visiting program Q}; where Q existing, reasonably accessible home visiting program meets Q program reguirements Q section Q




Sec. 30. [l26.78] VIOLENCE PREVENTION EDUCATION GRANTS. Subdivision 1, GRANT PROGRAM ESTABLISHED. '_l‘_l1e_: commissioner

pf education, afig consulting @ tl1_e assistant commissioner 9_f th_e gfilcp pf dr_u_g policy @ violence prevention, $131; establish Q violence prevention educa- E gflpt program t_o enable g school district, Q education district, g g group o_f districts E cooperate fi)_r g particular pugpose pg develop E implement g violence ‘prevention program fig students _i_p kindergarten through grade _1_2 t_l121_t c_a_p pp irfigrated pm existing curriculum. A district 9; group pf districts ’tl1_at_

elects pg develop g implement g violence prevention program under section 126.77 _ip eligible tp apply {g g grant under pip section.

Subd. _2_. GRANT APPLICATION. :9 Q; eligible t_o receive g grant, §._

school district, Q education district, g g group p_t_‘ districts pl_1_zg cooperate fl); g particular purpose must submit Q application _tp th_e commissioner i_n th_e form @ manner an_d according _tp tl_1p timeline established by §l_1§ commissioner. IQ application gt describe E Q; applicant Q) integrate in_to jg existing 5:1; curriculum g program fg violence prevention E contains Q; program components listed i_n section 126.77; (2) collaborate with local organizations involved Q violence prevention flgl intervention; all L3) structure pig program 39 reflect th_e characteristics p_f_‘ :3 children, glpg families £1 Q community involved i_n t_l;p program. I_l}p commissioner _rp_ay require additional information from t_l§ applicant. When reviewing IQ applications, tlg commissioner@ determine whether tl1_e_ applicant lg me_t Q requirements o_f _t_l_1is subdivision.

Subd. _3_. GRANT AWARDS. lh_e commissioner mpy award grants 3); g violence prevention education program 19 eligible applicants a_s defined Q subdivision ; Grant amounts _n;gy po_t exceed $_3 p5_r actual fig _1£it _i_r_i tpg district 9_r group o_f districts _i_n_ E school ypap Grant recipients should Qg graphically distributed throughout th_e

Subd. ;4_. GRANT PROCEEDS. A successful applicant shall u_w th_e grant money t_o develop a_npl implement it violence prevention program according E; E terms pf ‘pig grant application.

ARTICLE 11 STATE AND LOCAL CORRECTIONS

Section 1. Minnesota Statutes 1990, section 241.021, is amended by adding a subdivision to read:

Subd. gap CHEMICAL DEPENDENCY TREATMENT PROGRAMS. A_l_l residential chemical dependency treatment programs operated _by Q commissioner o_f corrections £9 g3_a_t adults grg iuveniles committed t_o th_e commission- gig custody §l1z1l_l comply w_i_tp §1_e_ standards mandated ip Minnesota Rules, pg_1;t_§ 9530.4l0O 19 9530,6500, @ treatment programs operated by community- based residential treatment facilities. ‘

New language is indicated by underline, deletions by stri-leeeut.




243.53 SEPARATE CELLS; MULTIPLE OCCUPANCY STANDARDS. Subdivision L SEPARATE CELLS. When there are cells suflicient, each

convict shall be confined in a separate cell. Each inmate shall pp confined in_ p separate _c:e:_ll i_p close, maximum, agi high security facilities, including & Cloud, Stillwater, a_r_1_c_1_ gag Park Heights, 111; ppt including geriatric pg honor dormito- gy-type facilities.

Subd. _2_. MULTIPLE OCCUPANCY STANDARDS. A medium security correctional facility t_l_1pt_ is _b_ui_lt g remodeled ajtpr Jul L E‘ Q 113 purpose 9_f increasing inmate capacity must Q designed £1 built t_p comply yv_it_p_ multiple-occupancy standards E p_o_t pnprp tpzfl one-half _o_f _t_l;e facility’s capacity :_1n_d my include p maximum capacity figure. A minimum security correctional facil- i_ty g1a_t i_s ppflt g remodeled lply L 1992, must Q designed §_n_<j built tp comply @ minimum security multiple-occupancy standards.


Subd. _1_c; RELEASE TO RESIDENTIAL PROGRAM; ESCORT REQUIRED. % commissioner _s_l_1all_ provide gm escort f_o1_~ ppy inmate pp parole g supervipe_d release status Ely i_s released‘ jtp a_ halfway house g other residential community program. _’l;l;<_e escort §h_al_l pp pp employee pf thp commissioner g g person acting pg tl_1p commissioner’s pggit _f_'9_r @ puppose.

Sec. 4. [244.051] EARLY REPORTS OF MISSING OFFENDERS. fl programs serving inmates gt supervised release following _a prison §§I_l_-_

tence @ notify tlgp appropriate probation officer, appropriate la_w enforcement agency, _amc_1 Llgp department 9_f corrections within twp hours after pp inmate i_n tpe_ program fa_i_l§ 19 make p reguired report g p@ program olficials receive information indicating Q3311 Q inmate my l_eft flip @ i_n which mp inmate i_s reguired _tp remain _o_r Qty ltflrp otherwise violated conditions o_f tl1_e inmate’s supervised release. flg department 9_f corrections pig county correc- t_ipp§ agencies ensure tl1_a_t_ probation oflices §_r_g staffed Q g 24-hour basis p_r_ make available g_ 24-hour telephone number t_o receive th_e reports.

Sec. 5. [244.17] CHALLENGE INCARCERATION PROGRAM. Subdivision _l_. GENERALLY. :l‘_hp commissioner pipy select offenders yv_lgp

meet _t_l_1_e_ eligibility requirements pf subdivisions _2_ e_1_n_c1 Q pg participate i_n p E-_ lenge incarceration program described i_n sections 244.171 gt 244.172 f9_r all _o_r p2_t_rt pf tpg offender’s sentence if Q9 offender agrees t_o participate i_n E pp); gram Ed signs p written contract _\v_i‘tp E commissioner agreeing _tp_ comply _w_itp tpp program’s reguirements.

Subd. A ELIGIBILITY. Il1__e_ commissioner must limit tfi challenge incarceration program ‘t_o tl1_e following persons:

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Q) oifenders who g_r_e committed tg tp_e_> commissioner’s custody following revocation 91‘ g stayed sentence; £1

(_2_) offenders who _a_rp committed Lg _t_l;p commissioner’s custody Q a term o_f imprisonment 9_f M fig than l_8 months Q; more than fl months E who @ pop receive g dispositional departure under t_l1e_ sentencing guidelines.

Subd. ; OFFENDERS NOT ELIGIBLE. 111; following offenders a: gig’; eligible pp pg placed ip t_h_e_ challenge incarceration program:

(_l_) offenders who Q committed tp tl1_e commissioner’s custody following Q conviction fir murder, manslaughter, criminal sexual conduct, assault, kidnapping, ‘robbery, arson, 9_r any other offense involving death 9_r personal injury; and

Q._) offenders who previously were convicted o_f pp offense described i_p

clause Q) ppg were committed t_g gig custody o_f tl_1_e_ commissioner. Sec. 6. [244.l71] CHALLENGE INCARCERATION PROGRAM; BASIC

ELEMENTS. Subdivision L REQUIREMENTS. _T_h_e commissioner shall administer a_n

intensive, structured, 2_1_r_1_gl_ disciplined program with g higp level pf offender accountability @ control gpg direct a_rpd_ related conseguences _f;(_>_{ failure pg meet behavioral expectations. The program shall have th_e following goals:

(_l_) t_o p1Lifl1_ gig hgld jg accountable;

Q) t_o protect me safety o_f E public; Q) t_o E offenders _vw_/Q a_re chemically dependent’, pr_i_d (5) t_o piggy gl_1_t_: oifender £91; successful reintegration Ii society. Subd. A PROGRAM COMPONENTS. Ihp program shall contain _a_ll o_f

th_e components described i_p paragraphs (a) tp (p;

(Q) fie program shall contain z_1 highly structured daily schedule Q E offender. -

(9) IE program shall contain Q rigorous physical program designed t_o teach personal discipline a_1;c_1 improve , th_e physical _a_r_i_d_ mental well-bein_g o_f th_e offender. _It shall include skills designed t_q teach tl1_e offender how 19 reduce £1 cope with stress.

(_(_:) @ program @111 contain individualized educational programs designed tp improve tl_1§ educational §l_<fl1_s o_f E offender @ t_o provide vocational

(<_i_) @ program plill contain programs designed :9 promote th_e offender’s self-worth E tpe offender’s acceptance _o_f responsibility Q th_e conseguences 9;“ Q; offender’s 0_W_Q decisions. »

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(Q) _T_he_ program flgfl contain culturally sensitive chemical dependency@ grams, licensed hy thg department o_f human services £1 designed t_o sejrve tfi inmate population. _It ill reguire t;l1_at E offender submit t_o g chemical u_se> assessment g_n_c_l_ thgt thp offender receive the_ appropriate level _o_f treatment as indicated l_)y the assessment.

Subd. 1 GOOD TIME NOT AVAILABLE. Ah offender i_n th_e challenge incarceration program does n_o’t eai good time during phases _I_ a_rhd_ 11 pt‘ hip program, notwithstanding section 244.04.

Subd. 3 SANCTIONS. fig commissioner E impose severe E meaningful sanctions fpt violating the conditions pf thg challenge incarceration pg-_ gram. _'l_‘_he_ commissioner shall remove Q offender from _the_: challenge incarceration program i_f the offender:

ft) commits a_ material violation o_f Q repeatedly fails t_o follow hi_e_ rules ti tfi program;

Q) commits any misdemeanor, gross misdemeanor, _9_1_"_ felony offense; o_r

Q) presents g fl t_o t_h_e public, based _o_1t thg ofi‘ender’s behavior, attitude, 9; abuse o_f alcohol pi; controlled substances. _'l:l_i_e_ removal pt‘ pp offender frpm t_l1e_ challenge incarceration program i_s governed _b_y thg procedures i_n hipE missioner’s _I‘_Ltl_§§ adopted under section 244.05, subdivision A M offender who i§ removed from the challengg incarceration program shall

hp imprisoned f‘_og g ti_l’ll_t3_ period pgital t_o flip ofl‘ender’s original term gfi imprisonment, minus earned ggpd t_i_rh§ i_f pg, htit i_n hp _ga_sp f_ot longer mp me t_i_rt1§ remaining i_f; tlg offender’s sentence. “Original term 9_f imprisonment” means a_

'

hr_n_g period equal t_o two-thirds o_f the sentence originally executed hy tfi §§_tl_- tencing court, minus ja_il credit, if g_r_1y_.

Subd. _; TRAINING. Lh<e_ commissioner shall develop specialized training Q correctional employees who supervise afil gr_§ assigned t_o the challenge incarceration program.

Sec. 7. [244.172] CHALLENGE INCARCERATION PROGRAM; PHASES I to III.

Subdivision h PHASE 1. Phase 1 o_f‘ the program him a_t gag gig months. Ihg offender _m_u_st Q confined ih gt §Lt;e_ correctional facility designated hy tfi commissioner _a_nti hi_1_1pt_ successfully participate _i_r_1 ghl intensive treatment,E cation _ar_1g M programs reguired hy the_ commissioner. T_he_ offender _rhi_ig ptgp submit pp demand t_o random dgpg ghg alcohol testing pt ti__n_ip intervals pg hy E commissioner. §‘_o_r_' tlg @ fig months pt" phase _I_, the offender _n_i_ay n_o’r receive visitors g telephone calls, except under emergency circumstances.

Subd. _2_. PHASE II. Phase 11 o_f th_e program lists at tegg §i_>5 months. _'I‘_1'§

offender flag serve th_i§ phase pf t_h_g offender’s sentence i_n §_§_1 intensive supervi- _s_i9_1t gtrg surveillance program established by t_h_e commissioner. Ihe commissioner fly impose §h_c_h requirements pp E offender gs a_re_ necessagy tp gr_ry

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-


9_u_t Q g9a_ls: of thy: program. _'l‘_l_1§ offender must Q required t_o submit t_o daily fig gig alcohol testg Q; Q E t_l'yre_e months; biweekly te_st§ Q thp peg; tvv_o months; _2m_<i weekly tits £3; tfi remainder pf phase Q fig commissioner ill a_1s_o require t_h_§_ offender Q report daily 19 g day—reporting facility designated py tl1_e commissioner. _I_r_1 addition, i_f Q; commissioner reguired tl1_e offender t_o

undergo acupuncture during phase 1, jtl1_e offender must continue t_o submit t_o acupuncture treatment througpout phase I_I._

Subd. _3_. PHASE III. Phase I_I_I_ _lp§t_s_ fig t_l1e_ remainder o_f@ offender’sg tence. During phase E, pile commissioner gill place gh_e offender gr; supervised release under section 244.05. L113 commissioner _s_l£ll _s_g ’th_e gal 9_f t_h§ offend- fl supervision based pp fig public @ presented py th_e offender.

Sec. 8. [244.173] CHALLENGE INCARCERATION PROGRAM; EVAL- UATION AND REPORT.

IQ commissioner _sl1_a_1l filg :_1 report w_itl_1_ t_h_e house gig senate judiciar_'y committees 13y September L 1992, which §§_t_s forth _vyi1l_1 specificity gfi p_r_<t gram’s design. IQ commissioner §_h_all al_so develop 5 system Q gatheringE analyzing information concerning thg value E1 effectiveness o_f @ challenge incarceration program. % commissioner shall report 39 tlig legislature py Janu- ggy 1, 199@ Q ’th_e operation o_f _tl1_e program.

Sec. 9. [244.l8] LOCAL CORRECTIONAL FEES; IMPOSITION ON OFFENDERS.

Subdivision L DEFINITION. g used i_n gig section, “local correctional fees” include E Q @ following correctional services:

Q) community service work placement a_r1d_ supervision;

Q) restitution collection;

Q) supervision;

(3) court ordered investigations; Q Q) apy other court ordered service t_o pg provided l_)y g local probation _a_n_g

parole agency‘ established under section 260.311 o_r community corrections agency established under chapter 401.

Subd. A LOCAL CORRECTIONAL FEES. A l9_c_a_l correctional agency _m_ay establish a_ schedule _o_f_‘ local correctional £e_e§ t_o charge persons convicted pf _a crime Q1 under £153 supervision % control 9_f‘t€l1_e lgpgl correctional agency 19 defray its associated will; correctional services. @ local correctional {eggQ Qg schedule £u_s_t _b;e reasonably related t_o defendants’ abilities 19 pgy E tl_1§ actual cost of correctional services.

Subd. i FEE COLLECTION. T_he chief executive officer o_f‘ g local correctional agency gty collect local correctional §e_e_§ assessed under section Q [lg local correctional agency _rr_1_ay collect _tge_ @ a_t giy time while gt; offender i_s

New language is indicated by underline, deletions by st-sikeeu-t.


2083 LAWS of MINNESOTA for 1992 Ch. 571, Art. ll

under sentence g after Qg sentence _11a_1_s_ been discharged. The agencyimay ye a_r1y available civil means pf debt collection ir_1 collecting a local correctional £95

Subd. A EXEMPTION FROM FEE. lip; 1_opal correctional agency glltfl waive payment pf a local correctional t‘e_e i_f s_o_ ordered py tl1_e under s_eg Q91; 1; I_f@ _f3_i_1§ _t_9_ waive flip fe_e, tpe pl_1_i_e_f_‘executive officer o_i"cl1_e lpcgl correctional agency fiy waive payment o_f th_e Q i_f E officer determinesE t_h_e offender d_oe_s pip _lpay§ tl1_e ability t_o my flip fpg Q prospects 3; payment age pg; 9_r there m extenuating circumstances justifying waiver o_f 115 _f_<1a_.

Instead o_f waiving tl1_e t'e_e; t:h_e local correctional agency r_n_ay require me offender tp perform community work service pg a means o_f paying th_e fee

Subd. L RESTITUTION PAYMENT PRIORITY. I_f g defendant E been ordered by _i_l_

court t_o pg; restitution gig a local correctional f‘e_e: gap defendant shall l_3p obligated t_o p_ay t_l'ne_ restitution ordered before paying 33 local correctional fee_.

Subd. Q USE OF FEES. % l_o_cpl correctional E El pg g py he l_o_c3_l correctional agency 39 pay th_e costs o_f local correctional services. Local correctional _f§ps_ may pp; _b_i_e E t_o supplant existing local funding fig; local g>_r_- rectional services.


Subd. _Ijz_i_. DETAINING PERSON ON CONDITIONAL RELEASE. (3) County probation oflicers serving a district 9_r_ iuvenile court may, without a yva_r_- pant it appears necessagy t_o prevent escape pg enforce discipline, tag _a_n_g detain _a probationer g apy person p_r_1 conditional release §;1_d_ bring gag person before the court o_r th_e commissioner pf correction_s_, whichever is appropriate, fig disposition. Np probationer 9; other person pp conditional release @ pp detained under @_ subdivision more _t_h_ap 2 hours, excluding Saturdays, E1; Qys apd holidays, without being given an opportunity Q 2. hearing before ge §_Ql_l_I'_t 9; fig commissioner o_f corrections pr a designee.

_(p) Ihg written order _o_f t_h_e chief executive oflicer g designee o_f a county corrections agency established under _t_l_i_i_s_ section i_s sufficient authority fgrE peace officer Q county probation officer pp palge _2m_ci pfipg i_n actual custody any person under sentence g o_r; probation who:

Q) fails t_o report tp serve g sentence a_t a local correctional facility, Q defined ip section 241.021, subdivision 1;

Q) fails t_o return from furlough. _o_r authorized temporary release from a_ local correctional facility;

Q) escape from a local correctional facility; g (51) absconds from court-ordered home detention.





amended to read: ‘

Subd. 4. -DETAINING PERSON ON CONDITIONAL RELEASE. Q) Probation oflicers serving the district; eeunt-y-; municipal and juvenile courts of counties participating in the subsidy program established by this chapter may, without order or warrant, when it appears necessary to prevent escape or enforce discipline, take and detain a probationer, or any person on conditional release and bring that person before the court or the commissioner of corrections or a designee, whichever is appropriate, for_disposition. No probationer or other person on conditional release shall be detained more than 72 hours, exclusive of legal holidays, Saturdays and Sundays, pursuant to this subdivision without being provided with the opportunity for a hearing before the court or the commissioner of corrections or a designee. When providing supervision and other correctional services to persons conditionally released pursuant to sections 241.26, 242.19, 243.05, 243.16, 244.05, and 244.065, including intercounty transfer of persons on conditional release, and the conduct of presentence investigations, participating counties shall comply with the policies and procedures relating thereto as pfescribed by the commissioner of corrections.

Q) :I‘_h_e_ written 9_f fig chief executive officer pg designee o_f g commu- n_ity corrections agency established under t_h_i§ chapter i_s sufficient authority fpz; gpy peace officer g county probation ofiicer t_o fig an_d pg i_n actual custody gpy person under sentence g Q11 probation _Vm)_:

(_1_) fails 19 report t_o serve _a sentence Q a_ local correctional facility, § defined i_n section 241.021, subdivision 1;

(2) fails 39 return from furlough 9; authorized temporagy release from a local correctional facility,"

Q) escapes from a local correctional facility; Q (5) absconds from court-ordered home detention.


609.10 SENTENCES AVAILABLE. Upon conviction of a felony and compliance with the other provisions of

this chapter the court, if it imposes sentence, may sentence the defendant to the extent authorized by law as follows: .

(1) to life imprisonment; or

(2) to imprisonment for a fixed term of years set by the court; or

(3) to both imprisonment for a fixed term of years and payment of a fine; or

(4) to payment of a fine without imprisonment or to imprisonment for a fixed term of years if the fine is not paid; or



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(S) to payment of court-ordered restitution in addition to either imprisonment or payment of a fine, or both; 95

(Q to payment gf a local correctional i‘e_e Q authorized under section l_3_ Q addition to _a_ny other sentence imposed by 313 court.

COURT. Subdivision 1, DEFINITION. As used Q E section, “1ocal correctional

fgej means _a fee for local correctional services established by a local correctional agency under section g

Subd. A IMPOSITION OF FEE. When a court sentences _a person convicted g' a crime, @ places t_h_e person under tl1_e supervision Q control of a local correctional agency. t_hg court shall impose a local correctional f_ee_: basedQ

Sec. 13. [609.102] LOCAL CORRECTIONAL FEES; IMPOSITION BY

the local correctional agency’s fe_e schedule adopted under section 2,

Subd. _; FEE EXEMPTION. @ court fly waive payment 91" a localE rectional Q if i_t makes findings Q jg record that he convicted person i_s

exempt dye to any 91‘ th_e factors named under section _9__, subdivision g4_.@ court shall consider prospects Q payment during E term o_f supervision by fie l_ogal correctional agency.

Subd. 4. RESTITUTION PAYMENT PRIORITY. If the court orders the defendant to pay restitution gi_d_ a local correctional fig, tl1_e court shall order t_h_at t_h_§ restitution lg paid before gig local correctional gag


609.125 SENTENCE FOR MISDEMEANOR OR GROSS MISDEMEA- NOR.

Upon conviction of a misdemeanor or gross misdemeanor the court, if sentence is imposed, may, to the extent authorized by law, sentence the defendant:

(1) to imprisonment for a definite term; or

(2) to payment of a fine, or to imprisonment for a specified term if the fine is not paid; or

(3) to both imprisonment for a definite term and payment of a fine; or

(4) to payment of court-ordered restitution in addition to either imprisonment or payment of a fine, or both; or

(5) _t_g payment _o_f Q local correctional fe_e as authorized under section Q i_n addition t_q Qy other sentence imposed l_)y ’th_e court.

Sec. 15. PROBATION STANDARDS TASK FORCE.

New language is indicated by underline, deletions by stri-leeeut.



_'l_“h_e commissioner pf corrections ill establish g probation standards@ 1% o_f pp t_o Q members. Members o_f'tl1_e @ force must represent gg; depart- E1; -pf corrections, probation officers, la_w enforcement, public defenders, county attorneys, county officials from community corrections a_ct counties $1 other counties, victims 9_f crimes committed py offenders yv_1_1il_e Q probation, gig gt; sentencing guidelines commission. % E E choose co-chairs from among t_h§ county officials sitting Q t_h_§ @ force. 93 co-chair gig; pg g probation ofiicer 9_g county official Q a_ community corrections ggt county, £1 gig co-chair must Q g member o_f g1_e_ Minnesota association o_f county probation oflicers. Igg commissioner shall report Q jag legislature py December 1, 1992, concerning g1_§ following:

Q) fig "number o_f offenders being supervised by individual probation _o_fft_i_;

C_CI;$_ across _t__l§ _s_g1‘t_e_, including Q statewide averagg, metropolitan @ n_<>n; metropolitan, a_ statewide metropolitan ad nonmetropolitan range, E fig relevant information about current caseloadsg

(_2_) minimum caseload goals and Q appropriate mix fgr types o_f offenders; Q) fig adeguacy 9_f_‘ current staffing levels t_o provide effective supervision o_f

violent offenders pp probation E supervised release; (5) gig need £9; increasing pig number pf probation officers £1 g1__e_ cost jg"

__gd0in s_0;a1§

Q) fly other relevant recommendations. Sec. 16. COUNTY JUVENILE FACILITY NEEDS ASSESSMENT. _”l_"ge_: county correctional administrators pf gag judicial district gig; jointly

evaluate §m_<l provide z_1 report gr_i behalf _o_f gi_e_ entire judicial district t_o E chairs pf g1_e iudicjgg committees jp tlg senate ggig house pf representatives py November 1, 1992, concerning Qg needs pf th_e counties i_n gilt judicial district £9; secure juvenile detention facilities, including gig need Q preadjudication facilities _agi_c_l_, ir_1 conjunction @ tli_e commissioner pf corrections, @ need fig postadjudication facilities.

Sec. 17. CLARIFICATION OF CONFLICTING PROVISIONS. Notwithstanding Minnesota Statutes, section 645.26 9_r 645.33, g1_e provi-

sions o_f sections _§ t_9_ § supersede th_e provisions 9_f article 2, sections § 19 _6_, o_f g @ styled gs H.F. 2694, i_f enacted by th_e 1992 legislature.




ARTICLE 12 CIVIL LAW PROVISIONS

Section 1. [6l7.245] CIVIL ACTION; USE OF A MINOR IN A SEXUAL PERFORMANCE.

Subdivision _l_. DEFINITIONS. fa) llrip definitions i_n E subdivision apply- t_o ’_t_hi_s section. .

(33) “Minor” mean_§ guy person who, at the time pf psg ip g sexual performance, is under _t__h_e agp gg l_6_.

fp) “Promote” means t_o produce, direct, publish, manufacture, issue, o_r advertise.

(Q) “Sexual performance” means apy play, dance, _()_I_' other exhibition presented before gp audience _<p* Q purposes pf visual pg mechanical reproduction which depicts sexual conduct gs defined py paragraph (9,

(p) “Sexual conduct” means fly pi‘t:l1_e following i_f _t£e_ depiction involves _a minor:

(Q Q ac_t_ _o_f sexual intercourse, actual pg simulated, including genital- genital, anal-genital 9_r oral-genital intercourse, whether between human beings _O_I_‘ between 3 human being pg gp animal;

Q) sadomasochistic abuse, meanin flagellation, torture, gr_ similar_demean- i_ng §pt_s_ inflicted bl gr upon z_1 minor who‘ is nude, Q phg condition o_f being Q: tered, bound, 9_r_ otherwise physically restrained pp gig part o_f E §_g unclothed;

Q) m_a_sturbation g lewd exhibitions pf glle genitals; grfl (54) physical contact g simulated physical contact @ _tl1_e_ unclothed pubic

areas 9; buttocks o_f a human male o_r female, g gig breasts _o_f phg female, whether alone gr between members _o_f pig grie 9; opposite pg); g between humans gig animals i_n_ all gt pf apparent sexual stimulation 9; gratification.

Subd. A CAUSE OF ACTION. A cause o_f action exists Q iniury caused l_)y 311; pg 9_f _a minor Q; a sexual performance. @ cause pf action exists against _a person yvfl promotes, employs, uses, 9; permits a minor t_o emzaae gr assist others t_o engagp i_n posing g_r_ modeling alone 9; _w_it1_1 others i_n a sexual performance, if ’th_e person knows g pap reason t_o know gl_1g_t pg conduct intended i_s g sexual performance.

A person found liable Q iniuries under _t_l_1_i§ section ig liable Q th_e minor Q damages. Neither consent t_o sexual performance lpy th_e minor 9; by _t_l1§ minor’s par-

ent, guardian, o_r custodian, Q mistake pg t_o th_e minor’s ggp i_s 2_l defense t_g tl_1_§ action.




Subd. _3_. LIMITATION PERIOD. Q action Q damages under gig sgg; gig; must lg commenced within _s_i§ years _o_f _t_l§ fig flip plaintiff 9; 1&1 reason _tg know injugy _wg§ caused by plaintifl’s u_se, E a_1 minor ir_1 _a sexual performance. I_l_1§ knowledge o_f g parent, guardian, g custodian m_ay n_ot b_e imputed t_o th_e minor. [hip section dcfi n_0t affect tl1_e suspension o_f'tl1_e statute o_f limitations during g_ period pf disability under section 541.15.

Sec. 2. Laws 1991, chapter 232, section 5, is amended to read:

Sec. 5. APPLICABILITY.

Notwithstanding any other provision of law, a plaintiff whose claim would otherwise be time-barred under Minnesota Statutes 1990 has until August 1,

1992, to commence a cause of action for damages based on personal injury caused by sexual abuse i_f the action i_s_ based Q a_n intentional t_og committed against t_l;§ plaintiff.

‘

Sec. 3. EFFECTIVE DATE. Section 2 i_s effective retroactive tp August 1, 1991, ail applies t_o actions

pending Q gr commenced Q 9; after that date.

ARTICLE 13 CRIMINAL JUSTICE DATA PRIVACY PROVISIONS

Section 1. Minnesota Statutes 1990, section 171.07, subdivision la, is

amended to read: Subd. la. FILING PHOTOGRAPHS OR IMAGES; DATA CLASSIFI-

CATION. The department shall file, or contract to file, all photographs or electronically produced images obtained in the process of issuing driver licenses or Minnesota identification cards. The photographs or electronically produced images shall be private data pursuant to section 13.02, subdivision 12. Notwith- standing section 13.04, subdivision 3, the department shall not be required to provide copies of photographs or electronically produced images to data sub- jects. The use of the files is restricted:

(1) to the issuance and control of driver licenses;

(2) for law enforcement purposes in the investigation and prosecution of felonies and violations of section 169.09; 169.121; 169.123; 169.129; 171.22; 171.24; 171.30; 609.41; 609.487, subdivision 3; 609.631, subdivision 4, clause (3); er 609.821, subdivision 3, clauses (1), item (iv), and (3); o_r 617.23; and

(3) for child support enforcement purposes under section 256.978.

Sec. 2. [24l.30]] FINGERPRINTS OF INMATES, PAROLEES, AND PROBATIONERS FROM OTHER STATES.




]‘_hp commissioner pf corrections establish procedures _s9_ E when- @ tl_1_i§ statg receives Q inmate, parolee, Q probationer from another state under sections 241.28 tg 241.30 9; 243.16, fingerprints gpg thumbprints pf tl_1_g inmate, parolee, pg probationer gr; obtained _a_1_1_d forwarded 19 £11; bureau o_f criminal apprehension.


Subd. 3. (a) Except for records relating to an offense where proceedings are public under section 260.155, subdivision 1, peace oflicers’ records of children shall be kept separate from records of persons 18 years of age or older and shall not be open to public inspection or their contents disclosed to the public except (1) by order of the juvenile court, (2) as required by section 126.036, (3) as authorized under section 13.82, subdivision 2, (4) to the child’s parent or guardian unless disclosure of a record would interfere with an ongoing investigation, or (5) as provided in paragraph ((1). Except as provided in paragraph (c), no photographs of a child taken into custody may be taken without the consent of the juvenile courtunlesetheehildieallegedtehavew4elatedseetien+69:4%-lee -1-69.—1-2-9. Any person violating any of the provisions of this subdivision shall be guilty of a misdemeanor.

(b) Nothing in this subdivision prohibits the exchange of information by law enforcement agencies if the exchanged information is pertinent and necessary to the requesting agency in initiating, furthering, or completing a criminal investigation.

(c) A photograph may pg taken o_f _E_t child taken irgq custody pursuant Lg section 260.165, subdivision 1, clause fig), provided E _t_l1g photograph _n_1_uitQ destroyed _w_l_1gr_1 the gpq reaches §h_e ggg o_f1_9 years. The commissioner of corrections may photograph juveniles whose legal custody is transferred to the commissioner. Photographs of juveniles authorized by this paragraph may be used only for institution management purposes and to assist law enforcement agencies to apprehend juvenile offenders. The commissioner shall maintain photographs of juveniles in the same manner as juvenile court records and names under this section.

((1) Traffic investigation reports are open to inspection by a person who has sustained physical harm or economic loss as a result of the traffic accident. Iden- tifying information on juveniles who are parties to traffic accidents may be disclosed as authorized under section 13.82, subdivision 4, unless the information would identify a juvenile who was taken into custody or who is suspected of committing an offense that would be a crime if committed by an adult, or would associate a juvenile with the offense, and the offense is not a minor traffic offense under section 260.193.

Sec. 4. DATA PRACTICES RECOMMENDATIONS. The commissioners pf administration, public safety, human services, health,

New language is indicated by underline, deletions by et-r-ileeeut.



corrections, gg education, g representative p_t_' t_h_e @ practices division o_f the department o_f administration, ghg E state public defender, E make recommendations ggprding hie exchange o_f g1__21t_a among @ enforcement agencies, local social service egencies, schools, _t_l_i_e_ courts, court service agencies, @ C_O1_‘_-1 rectional agencies. 1 recommendations he developed jh consultation @ Q following groups % others: local public social service agencies, police departments, sheriffs’ oflices, crime victims, gd court services departments. Lr_i

conducting th_e study pig oflicials _s_hil1 review % practices la_w§ gi_(_l ru_leeE _s@ determine whether there a_r_e changes _ih statute g file reguired pg enhance he functioning pf t_l§ criminal justice system. _”;l_i_e officials still consider the impact o_f fly proposed recommendations ph individual privacy rights. 1 gfi; @ _s_hj submit g written report t_o pig governor @ the legislature n_ot l_at§h‘ tli_ai_i Februai_~y _1_, 1993.

Sec. 5. STUDY OF CRIMINAL AND JUVENILE JUSTICE INFORMA- TION.

The chair o_f glg sentencing guidelines commission, fie commissioner o_f corrections fie commissioner o_f public safety, and Q state court administrator shall study and make recommendations t_o fli_e governor E phe legislature:

Ll) ffl g framework f_o_1_' integrated criminal justice inforriiation systems;

Q) _o_n th_e responsibilities o_f each entity within the criminal and juvenile justice systems concernim tfi collection, maintenance, dissemination, and shar- hi_g 91' criminal justice information with one another‘,

Q) he ensure that information maintained i_n hie criminal justice information systems jg accurate and up-to-date;

(3) Q gm information system containing criminal justice information pr_i fi ony-level juvenile offenders that i_s part hf me integrated criminal justice information system framework;

Q) o_n a_n information system containing criminal justice information pp misdemeanor arrests, prosecutions, and convictions that i_s part pf LIE integrated criminal justice information system framework;

(_6_) o_n comprehensive training programs and requirements Q a_ll individu- a_ls i_p criminal justice egencies tp ensure Q quality and accuracy _o_f information Q those systems‘,

(1) pp continuing education requirements f_o; individuals i_r_i criminal justice agencies who g responsible f_og {he collection, maintenance, dissemination, and sharing 91' criminal justice data‘,

Q) Q g periodic audit process pp ensure @ quality and accuracy 91‘ information contained i_n the criminal justice information systems;

Q) pp the eguipment, training, a_hgl_ funding needs o_f hie state agi local agencies that participate i_r_i th_e criminal justice information systems; gn_d




1101 Q th_e impact _o_f integrated crimingl iustice information systems o_n individual privacy rights.

_”l_‘l§ chair, mg commissioners 2_1p_cl t_l;§ administrator £11 Q a report with t_h§ governor £1 me legislature py December _1_, 1992. Ille report must make recommendations concerning fly legislative changes 9; appropriations tl1_at a_r§ needed tp ensure th_at ‘th_e criminal iustice information systems operate accurately gl efficiently. E assist them i_n developing their recommendation_s_, gig chair, ting commissioners, app _tpe_ administrator gllefl appoint a @ fpgcg c_t)11_-_ sisting _o_f_‘1l_1p members gfi t_hp commission Q criminal fl iuvenile justice information 9; Qgig designees 2_tp_d_ gig following additional members:

(_l_) tlgg director pf tlgg oflice o_f strategic E long-range planning; Q) t_wp sheriffs recommended py t_l1e Minnesota sheriffs association;

Q) t_vy9_ police chiefs recommended py _t_he_ Minnesota chiefs pf police association;

Q1) t_v_v_9_ county attorneys recommended py gig Minnesota county attorneys association‘

Q) jtyyg gi_ty attorneys recommended py th_e Minnesota league o_f cities;

(Q) t_w_g district judges appointed l_9y th_e conference 53‘ chief judges, p1_1§_ pf whom § currently assigned 19 tl1_e iuvenile court; (_7_) two community corrections administrators recommended by t_h_e Minne-

sota association o_f counties, one o_f whom represents _a community corrections §pt_ county;

Q1) twp probation ofiicers; app

(2) tyvp citizens, fly _o_f whom hgg been _a victim pf crime. The task force expires upon submission o_ft_l1t_: report ‘py gig chair, fig com-

missioners and th_e administrator.

ARTICLE 14 MANDATORY VEHICLE INSURANCE PROVISIONS

Section 1. Minnesota Statutes 1991 Supplement, section 168.041, subdivision 4, is amended to read:

Subd. 4. IMPOUNDMENT ORDER; PLATES SURRENDERED. If the court issues an impoundment order, the registration plates must be surrendered to the court either three days after the order is issued or on the date specified by




the court, whichever date is later. The court may destroy the surrendered registration plates. Except as provided in subdivision -1-a; 6; or 7, no new registration plates may be issued to the violator or owner until the driver’s license of the violator has been reissued or reinstated. The court shall notify the commissioner of public safety within ten days after issuing an impoundment order.


169.791 CRIMINAL PENALTY FOR FAILURE TO PRODUCE PROOF OF INSURANCE. «

Subdivision 1. TERMS. (a) For purposes of this section and sections 169.792 to -169.496 169.799, the following terms have the meanings given.

(b) “Commissioner” means the commissioner of public safety.

(0) “Insurance identification card” means a card issued by an obligor to an insured stating that security as required by section 65B.48 has been provided for the insured’s vehicle.

((1) “Proof of insurance” means an insurance identification card, written statement, or insurance policy as defined by section 65B.14, subdivision 2.

(e) “Written statement” means a written statement by a licensed insurance agent in 9: form aeeept-able to the eemmissieaer stating 315 name @ address _o_f Q insured, pile vehicle identification number _o_f th_e insured’s vehicle, that g p_1a_n o_f reparation security § reguired py section 65B.48 has been provided for the insured’s vehicle, and the dates of the coverage.

(Q “District court administrator” pg “court administrator” means figQ trict court administrator g _a deputy district court administrator o_f % district court that h_2ts;_ jurisdiction o_f Q violation o_f this section.

(g) “Vehicle” means a motor vehicle § defined i_p section 65B.43, subdivision 2, Q 3 motorcycle _a§ defined i_1; section 65B.43, subdivision l_3.

(Q) “Peace officer” pg “officer” means Q employee o_f 3 political subdivision g‘ state la_v_v_ enforcement agency, including 115 Minnesota state patrcg wh_q jg licensed py mg Minnesota board o_f peace officer standards Ed training gill i_s authorized t_o make arrests Q violations Q‘ traflic lz1_vv_s._

(_i) “Law enforcement agency” means _t_l_1g Q enforcement agency that employed fie peace officer who demanded proof o_f insurance under th_is section g section 169.792. '

(j) '_I‘_l§ definitions i_n section 65B.43 apply t_o sections 169.792 t_o 169.799. -

Subd. 2. REQUIREMENT FOR DRIVER WHETHER OR NOT THE OWNER. Every driver shall» have in possession at all times when operating a meter vehicle and shall produce on demand of a peace oflicer proof of insurance




in force at the time of the demand covering the vehicle being operated. If the driver is unable te does _1_1_(_)_t_ produce the required proof of insurance upon the demand of a peace officer, gig driver i_s guilty o_f g misdemeanor. A person i_s

-

guilty pf a gg>_§§ misdemeanor wig violates 11$ section within t_ep ye_a1;_s_ o_f gig @ _o_f t_w_o prior convictions under ;h_i§ section, section 169.797, Q a statute pg ordinance ir_1_ conformity w_it_l_1 E o_f t_h_c§g sections. A driver L110 i_s n_ot LE owner pf §h_e vehicle m_ay Qt pg convicted under thi_s section unless th_e driver Q _lg_<_1 reason pg know ’th_at E owner @ p9_t_ pr_c_>_Qf _o_f insurance reguired Q t_h_i§ section, provided th_at gig driver provides gig ofiicer w_ith t_l§ name @ address o_f Q owner at gig _t_i;n_§ gf th_e demand g complies yv__i1l_i flb: division 3.

Subd. gag LATER PRODUCTION OF PROOF BY DRIVER WHO IS THE OWNER. The 5 driver shell wig i_s Q owner o_ft_1§ vehicle E, within -1-4 t;e_n days after the demand, produce proof of insurance stating that security had been provided for the vehicle that was being operated at the time of the demand;erthenameandaddresseftheewner%etheplaees%etedinthenetiee provided by the eflieer t_o _t_l§ court administrator. The required proof of insurance may be sent by mail by the driver as long as it is received within +4 te._n days. Eieeeptasprevidedinsabdivisienawnydriverwhefaflstepredaeepreef efhisuraneeasmquiredbythisseetienw+thin+4daysefthedemandisguilty efamisdemeanefiqlhepeaeeeffieermaymailtheeitatientetheeddressghen bythedriverertetheaddresssmtedenthedriveésfieensegandsuehsawieeby maHisvaHdnetwi+hstandingseefien6%9r34=Hisnetadefensetesefi4eethata persenfailedtenetifythedepefimentefpubliesafetyefaehangeefnameer adéressasrequireéuadersee&en44+rHw¥heeimfienmaybesenta£terthe+4- dayperied:AdriverwheisnettheewnerefthemetervehieIeermetereyele deesnetwéelatethisseetbnunlesethedriverknewerhedreasenteknewthat theewnerdidnethavepreefefinsuraneerequiredby+hisseetien=I_fa_1 citation i_s issued, pg person mp Q convicted o_f violating @ section Q‘ t_1_1_e gilt administrator receives @ required proof 9_f insurance within te_n Q5 if ’ch_e issuance 9_f_' the citation. If tfi charge i_s pg ‘d1_a1_n gy citation, 1_1p person _s_ha1l lg convicted pf violating ply section if pig person presents th_e reguired ggf pf insurance at pig person’s _f1_I_‘S_t court appearance _a_f§:_r tl1_e charge i_s made.

Subd. 3. REQUIREMENT FOR LATER PRODUCTION Q INFORMA- TION E DRIVER WHO IS NOT THE OWNER. If the driver is not the owner of the vehicle, the driver shall, within -14 E days of the oificer’s demand, provide the eifieer district 9_9_ug administrator with proof of insurance or the name and address of the owner. A-ny driver under this w-he fails to prefidepreefefinsureneeerteinfermtheeflieerefthenameandaddreseef theewnawithinfléaysoftheefiieefiedemandisgeilwefamhdemeafiefi Upon receipt pf t1_i_e_ name ar_1_c_i_ address pf me owner, E district court administrator §h_al1 communicate E information t_o t;h_e Q enforcement agency.

Subd. 4. REQUIREMENT FOR OWNER WHO IS NOT THE DRIVER. If mg driver jg p_o_t th_e owner _q§'tl1_e vehicle, the oflicer may send or provide a

New language is indicated by underline, deletions by at-rikeeut.



notice to the owner of the meter vehicle requiring the owner to produce proof of insurance for the vehicle that was being operated at the time of the demand. Notice by mail is presumed to be received five days after mailing and shall be sent to the owner’s current address or the address listed on the owner’s driver’s license. Within -14 ten days after receipt of the notice, the owner shall produce the required proof of insurance to the place stated in the notice received by the owner. The required proof of insurance may be sent by mail by the owner as long as it is received within +4 ten days. Any owner who fails to produce proof of insurance within -1-4 3% days of an oFficer’s request is guilty of a misdemea- nor. It-isena-flirmativedefenseteaehargeageinsttheewnerehatthedriver usedthemmefisvehiekmétheuteensenterfifisrepmsentedhiserherénsufanee eeverage to the ewner—. The peace oflicer may mail the citation to the owner’s current address or address stated on the owner’s driver’s license. g i_s a_n affirma- tiie defense £9 at charge against t_h_e owner gig g1_e_ driver id gig owner’sQ cl_e without consent, _i_f insurance would no_t have been required gr the absence o_f _t_h§ unauthorized g by Q3 driver. It is not a defense that a person failed to notify the department of public safety of a change of name or address as required under section 171.11. The citation may be sent after the 14-day ten-day period. r

Subd. 5. EXEMPTIONS. Buses or other commercial vehicles operated by the metropolitan transit commission, commercial vehicles required to file proof of insurance pursuant to chapter 221, and school buses as defined in section 171.01, subdivision 21, are exempt from this section.

Subd. 6. PENALTY.Anyvielatiefieft-hisseet-ienisaa+isdemeanor=I_n addition _t9_ any sentence gf imprisonment fig fie 93% fly impose, th_e &\11_R_im osea£r&2t"z12E§§1m%ng_rrmt1;amm:_maximumti11_§_2La li-

cable t_o misdemeanors upon conviction under mtg section. :13 court may allow community service i_n fig o_f any line imposed i_f the defendant i_s indigent. In addition t_o criminal penalties; 2_1 person convicted under t_l;i_s_ section i_s subject t_o revocation o_f Q driver’s license or permit to drive under section 169.792, subdivision L g t_o revocation 9_f motor vehicle registration under section 169.792, subdivision _1_2_.

Subd. 1 FALSE INFORMATION; PENALTY. fly personwfl knowingly provides false information t_o an officer Q‘ district court administrator under t_hi_s section i_s guilty o_f _a misdemeanor.

Sec. 3. Minnesota Statutes 1990, section 169.792, is amended to read: '

169.792 REVOCATION OF LICENSE FOR FAILURE TO PRODUCE PROOF OF INSURANCE.

Subdivision 1. IMPLIED CONSENT. Any driver or owner of a meter vehicle consents, subject to the provisions of this section and section 169.791, to the requirement of having possession of proof of insurance, and to the revocation of the person’s license if the driver or owner ise-nable to Q n_ot produce the required proof of insurance within -14 ten days of an ofiicer’s demand. Any




driver of a meter vehicle who is not the owner of the meter vehicle consents, subject to the provisions of this section and section 169.791, to providing to the oflicer the name and address of the owner of the meter vehicle er metereyele.

Subd. 2. REQUIREMENT FOR DRIVER WHETHER OR NOT THE OWNER. Except as provided in subdivision 3, every driver of a meter vehicle shall, within -1-4 tg days after the demand of a peace officer, produce proof of insurance in force for the vehicle that was being operated a_t the time of the demand, to the place stated in the net-iee provided by the efiieer ‘th_e district _g_<_>_1_1gt_ administrator. The required proof of insurance may be sent by the driver by mail as long as it is received within 44 _t_e_n_ days. A driver who is not the owner does not violate this section unless the driver knew or had reason to know that the owner did not have proof of insurance required by this section, ppg; vided gpgt Q; driver provides thp olficer @ th_e owner’s pagpg a_r_1<_i address a_t th_e_ pi__rr_1_e_ o_f'tl1_e demand g complies _vyi_t_h subdivision _?g.

Subd. 3. REQUIREMENT FOR DRIVER WHO IS NOT THE OWNER. If the driver is not the owner of the vehicle, then the driver shall provide Q; oflicer _vyit_h t_hg pa_n_1_e _a_1gg address pf ;l_1_e_ owner a_t th_e flr_n_e_ 9_f ;l_1_e_ demand 95 gall within -L4 gr days of the oflicer’s demand provide the eflieer district g)_g§_t administrator with proof of insurance or the name and address of the owner. Upon receipt o_f tfi owner’s name @ address, §l_1_e district court administrator §h_a_l_l forward t_h_e information t_o_ flip layy enforcement agency. If mg name apd address received from tl1_e driver 92 po_t match information available 3 gape d_is; pg g_o_i1r_t administrator, t_hg district court administrator s_h_a_l_l notify gigQ enforcement agency o_f t_h_e discrepancy.

Subd. 4. REQUIREMENT FOR OWNER WHO IS NOT THE DRIVER. E t_l1g driver i_s r_1o_t t_he_: owner pf t_h_e_ vehicle, the officer may send or provide a notice to the owner requiring the owner to produce proof of insurance in force at the time of the demand covering the meter vehicle being operated. The notice shall be sent to the owner’s current address or the address listed on the owner’s driver’s license. Within -14 jg; days after receipt of the notice, the owner shall produce the required proof of insurance to the place stated in the notice received by the owner. Notice tp fig owner by mail is presumed to be received within five days after mailing. It is not a defense that a person failed to notify the department of public safety of a change of name or address as required under section 171.11.

Subd. 5. WRITTEN NOTICE OF (_a) When proof of insurance is demanded and none is in possession, the effieer shall l_a__vy enforce- flepg agency pig &1c_1 9; give the driver written notice as provided herein, unless tfi officer issues _a citation t_q E driver under section 169.791 9; 169.797. If the driver is not the owner and does not produce the required proof of insurance within -14 t_e_n_ days of the demand, the efiieer §1_vy enforcement agency may send 9_r gig written notice to the owner of the vehicle.

gp) Within 1% days after receipt _o_fg1p notice, i_f given, fig driver 9; owner

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philll produce E required proof pf insurance t_o g1_e_ place stated i_n tfi notice. Notice t_o E, driver g owner py _miil i_s_ presumed 39 3 received withinE gpfi a_f‘tg1_' mailing. _I_t i_s n_ot Q defense jg g person failed t_o notify me department o_f public safety 9_f_' :«._1 change o_f name _o_r address Q required under section 171.11.

Q) The department of public safety shall prescribe a form setting forth the written notice to be provided to the driver or owner. '% department g1a_11, upon request, provide a_ sample o_f E form tp fly @ enforcement agency. . The notice shall specify the place to wh-ieh provide tl1_a1_: the driver or owner must produce the proof of insurance t_o jg l_aw enforcement ggency, a_t th_e place spec- @ i_n tpg notice. The notice shall also state:

(1) that Minnesota law requires every driver and owner to produce an insurance identification card, insurance policy, or written statement indicating that the vehicle had insurance at the time of an ofl"1cer’s demand within -1-4 pm days of the demand, provided, however, that a driver who does not own the vehicle shall provide the name and address of the owner;

(2) that if the driver fails to produce the information within -l-4 Q days from the date of demand or if the owner fails to produce the information within -14 te_n days of receipt of the notice from the peace officer, the commissioner of public ‘safety shall revoke the person’s driver’s license or permit to drive; or nonresident epereti-ng pieivi-leges ‘for a minimum of 30 days, a_ng glill revoke ’th_e gg;

o_f M xehm; »

(3) that any person who displays or causes another to display an insurance identification card, insurance policy, or written statement, knowing that the insurance is not in force, is guilty of a misdemeanor; and

(4) that any person who alters or makes a fictitious identification card, insurance policy, or written statement, or knowingly displays an altered or fictitious identification card, insurance policy, or written statement, is guilty of a misdemeanor.

Subd. 6. REPORT TO THE COMMISSIONER OF PUBLIC SAFETY. If a driver fails to produce the required proof of insurance or name and address of the owner within -1-4 ’_t_ep days of the demand, the efiieer district C_0l1_I:_t administrator shall report the failure to the commissioner and may send a written netiee to the owner-. If the pp owner yv_1_1_o i_s_ pg 'ch_e driver fails to produce the required n_ot provide proof Q‘ insurance 93 th_e owner’s name a_n_d address, within -l-4 te_n days of receipt of the notice, the efiieer Q enforcement agency shall report the failure to the commissioner. Failure 39 produce proof

g‘ insurance 9_r gllg owner’s name app address gs reguired lpy Lg section mp_s_t Q reported t_o tfi commissioner promptly regardless o_f E status _o_r disposition 53‘ fly related criminal charges.

Subd. 7. LICENSE REVOCATION. Upon receiving the notification under

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subdivision 6 Q‘ notification pt‘ g conviction Q violation o_f section 169.791, the commissioner shall revoke the person’s driver’s license or permit to drive; or nenresident eperat-ing The revocation shall be effective beginning 14 days after the date of notification by the district administrator g oflicer to the department of public safety. In order to be revoked, notice must have been given er mailed to the person; as previded in this seet-ien hy the commissioner at l_e§t hah _<tey_s_ before the effective Q o_f"tl1_e revocation. I_f th_e person, before me effective E o_fh1e revocation, provides tfi commissioner with me m>_p_f_' pt‘ tn_surance g other verifiable insurance information g determined hy the c_o_n_1; missioner, establishing t_ha_t_ th_e required insurance covered the vehicle set me hrfi pt‘t_l1t=,_ orioinal demand, hie revocation must hht become effective. Revoca- hep based ppc>_n receipt o_f g notification under subdivision Qmust he carried gt regardless pt‘ fie status g disposition o_f _a_rty related criminal charge. The person’s driver’s license or permit to drive; er nonresident eperet-ing privileges; shall be revoked for the longer of: (i) 39 days t_l§ period provided i_n section 169.797, subdivision 4, paragraph gt»), including E _r_t1_le§ adopted under th_at paragraph, or (ii) until the driver or owner files proof of insurance with the department of public safety satisfactory to the commissioner of public safety. A license _n_r1_1t§t _n_et he revoked h1_o_re tha_n 9_1_i_e_e based ppph th_e gahge demand f_ot‘ proof o_f insurance.

Subd. _7§_. EARLY REINSTATEMENT. h person whose license pt permit hep been revoked under subdivision 1 tn__a_y obtain 2 Q license Q‘ permit before hie expiration pf t_h_e period specified i_n subdivision 1 i_f ttg person provides te the department pt‘ public safety proof hf insurance pt other verifiable insurance information Q determined hy the commissioner, establishing g_1a_t insurance covered the vehicle gt th_e fine pt‘ tlg original demand £1 thg hty reguired insurance pp a_n_y vehicle _r_egistered t9_ the person remains i_n effect. lh_e person gshah ppy the fee required _l:_>y section 171.29, subdivision A paragraph (ht before reinstatement. fie commissioner eheh make g notation ph fie person’s driving record indicating t@ the person satisfied the requirements o_f t_hi_s_ subdivision. 5 person 3113 knowingly provides @e information Q purposes o_f thie subdivi- gipp § guilty pt‘ g misdemeanor.

Subd. 8. ADMINISTRATIVE AND JUDICIAL REVIEW. At any time during a period of revocation imposed under this section, a driver or owner may request in writing a review of the order of revocation by the commissioner. Upon receiving a request, the commissioner or the commissioner's designee shall review the order, the evidence upon which the order was based, and any other material information brought to the attention of the commissioner, and determine whether sufficient cause exists to sustain the order. Within 15 days of receiving the request, the commissioner shall send the results of the review in writing to the person requesting the review. The review provided in this subdivision is not subject to the contested case provisions of the administrative procedure act in sections 14.001 to 14.69.

The availability of administrative review for an order of revocation shall have no effect upon the availability of judicial review under section 171.19.

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fimflydewrmiaedthatanenresidenfiseperafingprhélegeinthisstatehasbeen reveleederelen-ted-' efpulel-ie'safetyshallgivernfex=mat1en'

' in wrifingeftheaetientdeentetheeflieialinehergeeftraflieeentrelerpubfie

hasalieense:

Subd. 10. TERMINATION OF REVOCATION PERIOD. Before reinstatement of a driver’s license or permit to drive, or nonresident epera-t-ing privileges; the driver or owner shall produce proof of insurance, 9_r c_)t_hp1_' o_f

verifiable insurance information gs determined by _t_h_§ commissioner, indicating that the driver or owner has insurance coverage satisfactory to the commissioner. The commissioner may require the insurance identification card provided to satisfy this subdivision be certified by the insurance carrier to be noncancelable for a period not to exceed 12 months. The commissioner of public safety may also require an insurance identification card to be filed with respect to any and all vehicles required to be insured under section 65B.48 and owned by any person whose driving privileges have been revoked as provided in this section before reinstating the person’s driver’s license. A person \_av_1g knowingly provides f_a_l§<_: information Q purposes pf tl;i_s_ subdivision is guilty pf g misdemeanor.

Subd. 1 1. EXEMPTIONS. Buses or other commercial vehicles operated by the metropolitan transit commission, commercial vehicles required to file proof of insurance pursuant to chapter 221, and school buses as defined in section 171.01, subdivision 21, are exempt from this section.

Subd. _l_2. VEHICLE REGISTRATION REVOCATION. I_f§ person whose driver’s license g permit _ip revoked under subdivision 1 E ali th_e owner o_f tfi vehicle, fie commissioner _s_lll1 revoke t_h_e_ registration <_)_f gig vehicle at ph_e same t_i_rpg If ;l_1;e_ owner o_f th_e vehicle QLS n_ot _lg_\_r§ _a driver’s license g permit t_p drive, _t_lle commissioner $111 revoke ’th_e registration pf th_e vehicle. T_lie_ commissioner spgll reinstate registration pf E vehicle 9_r_i_ly upon receiving proof 9_f insurance g other verifiable insurance information _a_s determined py fllg% missioner, E proof o_f compliance 1it_h a_ll other reguirements ftp reinstatement 9;‘ motor vehicle registration, including payment o_f reguired £e_ei


169,793 UNLAWFUL ACTS. Subdivision 1. ACTS. It shall be unlawful for any person:

(1) to issue, to display, or cause or permit to be displayed, or have in possession, an insurance identification card, policy, or written statement knowing or having reason to know that the insurance is not in force or is not in force as to the motor vehicle or meter-eyele in question;

(2) to alter or make a fictitious insurance identification card, policy, or written statement; and

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(3) to display an altered or fictitious insurance identification card, insurance policy, or written statement knowing or having reason to know that the proof has been altered or is fictitious.

Subd. 2. PENALTY. Any person who violates any of the provisions of subdivision 1 is guilty of a misdemeanor. I_n addition tp Q11 sentence o_f imprison- r_n.9_11tth_att11<2wt.max__p__.im ose t1_12mu_r_ts_hJ_L_im osea.fi11_29_fr.1911_es§m2 §;(_)_(_)_ E _rr_1_o_;_e_ tha_n tpp maximum ti_n_e_ applicable tp misdemeanors. _[l_i_e_ p9_1tr_t

pipy _€_ifl)_fl community service i_n 1ie_u 9_f fly t-ip_e_ imposed i_f E defendant i_s

indigent.


169.795 RULES. The commissioner of public safety shall adopt rules necessary to implement

sections 168.041, 4-12 and subdivision 4; 169.09, subdivision 14; and 169.791 to 169.796.


169.796 VERIFICATION OF INSURANCE COVERAGE. Subdivision _1_._ RELEASE OF INFORMATION. An insurance company

shall release information to the department of public safety or the law enforcement authorities necessary to the verification of insurance coverage. An insurance company or its agent acting on its behalf, or an authorized person who releases the above information, whether oral or written, acting in good faith, is immune from any liability, civil or criminal, arising in connection with the release of the information.

Subd. _2, RECEIPT OF DATA BY ELECTRONIC TRANSFER. @ Q31; missioner may, _i_r_1 tfi commissioner’s discretion, agree gt receive py electronic transfer gpy information required py t_l_i_i§_ chapter tp pg provided t_o thg commissioner _b_y pp insurance company.

Sec. 7. [169.797] PENALTIES FOR FAILURE TO PROVIDE SECUR- ITY FOR BASIC REPARATION BENEFITS.

Subdivision 1, TORT LIABILITY. Every owner o_f g vehicle @ which security 1% 1_1_c_>t p_e_ep provided as required py section 65B.48, @ n_ot l_)y ting provisions pt‘ tpig chapter lg relieved 9_i_‘ t_Q_rt liability arising gfl 9_t_‘ tg; opera- tipp, ownership, maintenance, 9; 1_1_sg 9_t_‘ t_l1e_2 vehicle.

Subd. A VIOLATION BY OWNER. Arty owner o_f Q vehicle wig respect tp which security i_s required under sections 65B.41 _t_c_>_ 65B.7l yygg operates tl1_e vehicle g permits fl t_o pp operated ppgp 3 public highway, street, 9;; pgad i_n@ flute gpg _vm_o knows 9_r pgp reason t_o know tpgt t_l_1g vehicle @_e_s_ ppt secur- i_ty complying \_N__it_lt tlip terms 9_f section 65B.48 i_s guilty pf p crime £1 gall Q sentenced § provided i_n subdivision 5

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2100~ LAWS of MINNESOTA for 1992 Ch. 571, Art. 14

Subd. A VIOLATION BY DRIVER. Apy person flq operates Q vehicle upon Q public highway, street, pi; _r9_Qc_l _ip 1h_is_ Qtltg wfllio knows 9; _l_1_2§ {E Q t_g lfly QQ1 th_e ‘owner gfl pp; hfl security complying fltp glfla terms o_f section 65B.48 i_n; @ force fl effect is guilty o_f Q crime Qfl _sfll_l lye sentenced Q§ provided i_n subdivision i

Subd. £1; FALSE STATEMENTS. §_ny owner _o_f Q vehicle wllg falsely claims t_o _l;Qv_e Q E 53‘ reparation security i_n_ 9&9’; gg gig tifl o_f registration o_f Q vehicle pursuant t_o_ section 653.48 i_s guilty Q‘ Q crime Qfl fl pg sentenced a_s_ provided i_n subdivision §_.

Subd. i PENALTY. (Q) A person _V1l'_Q violates ;l_1_i§ section _i_s_ guilty pf Q misdemeanor. A person i_s_ guilty o_f Q gfl misdemeanor _v_s_/Q violates t_h_i§@ t_ifl within ’te_n E pf tpg Q pf tvfl prior convictions under ;lQi_s section, s_e<_:; fl 169.791, _o_r Q statute Q ordinance i_n conformity fl E _o_f t_h_q§ sections. @ operator 9_f Q vehicle vyh_o violates subdivision § Qxgl glfl causes g contrib- ptpg 39 causing Q vehicle accident tlflu results i_n_ tlfl death o_f Qr_1y person QI_‘ i_n substantial bodily harm tp fly person, fl defined ip section 609.02, subdivision fig _i_s guilty pf Q gross misdemeanor. LIE same prosecuting authority wlyg i_s

responsible Q‘ prosecuting misdemeanor violations pf ;l_1i_§ section i_s responsible 3); prosecuting gross misdemeanor violations 9_f gig section. I1_1 addition 19 fly sentence o_f imprisonment jt_h_at g1_e_ goflt m_ay impose o_n Q person convicted pf violating flll_S_ section, t_lQQ fl flfl impose Q lifl p_i_‘ rpt lei gfl $_2QQ n_o1' mflrp M tl1_e maximum amount authorized by 1% @ ggpfi ;n_ay Qqfl munity service i_n li_e1_1 o_f fly i_'11_1_e_ imposed 3‘ th_e defendant is indigent.

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(Q) I_n addition t_o tl_1g criminal penalty, ghp driver’s license pf fl operator convicted under tlfl section flQl_l pg revoked {pg pg Qn_or_e _t_lp1_n l_2_ months. I_f tl1_e operator i_s flfl fl owner pf tpg vehicle, pip registration pf t_l§ vehicle flall Qlgp lfl revoked Q pp; rflogg tlfl 1_2 months. Before reinstatement pf Q driver’s license pr_ ggistration, Lhp operator flQ_ll Q fltp th_e commissioner o_f public safety ’th_e written certificate o_f fl insurance carrier authorized t_o fl business fl tpi_s state stating 1133 security E been provided py tfl operator fl required py section 65B.48.

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(Q) The commissioner shall include Q notice pf t_l1_e penalties contained i_n flis section pp Q11 forms Q registration pf vehicles required t_o maintain Q plan pf reparation security.

Subd. fl REVOCATION OF REGISTRATION AND SUSPENSION OF LICENSE. IQ commissioner 9_f public saifiy fl revoke glfl registration 9_f Qpy vehicle _flgl_ fly suspend gig driver’s license gp” fly operatfl without }fle_- liminagy hearing upon Q showing py department records, including accident reports reguired t_o lye submitted by section 169.09, gr other sufficient evidence thflat security reguired py section 65B.48 Q pg} pe_e_n provided flg maintained. Before reinstatement pf th_e registration, Egg _shflal1 Q ii_lg1_ yvfl th_e commis-

F

t_o d_o business i_Q tfl state stating fl security l_1a_s been provided QQ required by New language is indicated by underline, deletions by at-r-ileeeu~t.



section 65B.48. IE commissioner p_f public safety mey require t;h_e certificate o_f insurance provided t_q satisfy flee subdivision t_o be certified lpy me insurance carrier tp pe noncancelable _f_o_I_‘ 3 period pet pg exceed _o_ne year. fie commissioner p_i_‘ public safety mey ali require e certificate o_f insurance te be f1_l_e__c1 lamp respect :9 a_ll vehicles required t_o lg insured under section 65B.48 grid owned py a_ny person whose driving privilegee have peep suspended e_r_ revoked 513 m); vided i_p erg section before reinstating t_l_1e person’s driver’s license.

Subd. _; NONRESIDENTS. When e nonresident’s operating privilege _i_s

suspended pursuant t_Q th_i§ section, t_h_e_ commissioner pf public safety pg e desig- pe_e fl1_a1_l transmit e eppy _o_f E record 9_ft_11e action pg 115 oflicial ip charge o_f t_l1ta_ issuance o_f licenses ip t_h_e state i_n which tl1_e nonresident resides.

Subd. £1‘ LICENSE SUSPENSION. Upon receipt p_f notification ‘th_at fie operating privilege o_f e resident pf @ state ye been suspended g revoked _i_r_1

fly etete pursuant _tp g Q providing g>_r _i_te suspension 9; revocation fp_1_' failure ftp deposit security Q §h_e payment o_f judgments arising pp; pf e vehicle accident, 9_x_‘ _f9g failure ]2_(_)_ provide security covering e vehicle if reguired Ly the _le_v__v_s pf E state, @ commissioner p_f public safety e_hel_l suspend tfi operator’s license _q_f_' the resident 1&1 ’th_e resident furnishes evidence 9_f compliance _vyi_tp IE1%fl°_f@§%&1if_2.I2._..__a 1i0ab1et11_e1afl9_fm<22t_1E£@

Sec. 8. [169.798] RULES OF COMMISSIONER OF PUBLIC SAFETY. Subdivision _1_. AUTHORITY. IE commissioner _o_f public safety flefl have

glee power gpd perform fie duties imposed py sections 65B.41 pg 65B.71, t_hi§ section, er_1_d_ sections 169.797 epd 169.799. egg fly adopt 5% t_o implement eryq provide effective administration o_f plle provisions reguiring security are governing termination pf security.

Subd. __2_. EVIDENCE OF SECURITY REQUIRED. Llie commissioner pf public safety _rpey _b_y 1 provide th_at vehicles owned py certain persons mey pet pe registered i_n gig state unless satisfactory evidence ie furnished ]l_1e_t_ secur- i_ty @ been provided a_s required py section 65B.48. I_f e person Lire i_s required 19 furnish evidence ceases t_o_ maintain security, t_l1e person elgefl immediately surrender tlie registration certificate egg license plates f_o_r tee vehicle. These reguirements may lg imposed

Q) The registrant pee M previously registered e vehicle _i_p E state; pg Q) _Ap owner 9; operator ef the vehicle @ previoum failed _t_q comply with

t_lE security requirements pf sections 65B.41 t_o_ 65B.7 1 pg 91" prior law; Q‘

Q) The driving record _o_f Q owner g operator o_f 1:h_e vehicle evidences a_1

continuing disregard o_f“tl1_e laws pf 113 state enacted t_o_ protect th_e public safety; or

(31) Other circumstances indicate that action ie necessary Q effectuate t;h_e

purposes Q‘ sections 65B.41 tp 65B.7l.

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Subd. __3_. SECURITY NOT REQUIRED. @ owner _o_f Q lgat, snowmobile, Q utility trailer registered £9; a grfi weight 9_f 3,000 pounds Q l£s_s @111 pg required l_)y th_e commissioner o_f public safety t_o_ furnish evidence t11_at th_e secur- _i_ty required l_)y section 6'5B.48 pays been provided.

Sec. 9. [169.799] OBLIGOR’S NOTIFICATION OF LAPSE, CANCEL- LATION, OR FAILURE TO RENEW POLICY OF COVERAGE.

E tl1_e reguired E o_f reparation security pf Q owner g named insured i_s canceled, gn_d notification pf <n1_cl_1 fig; i_s given t_o E insured a_§ required py fig E 65B.19, Q Qpy _o_f E notice sl1_al_l within _?Q c_lay_s @ coverage pg expired lg git t_o mg commissioner 9;‘ public safety. If, pp 91 before th_e £1 o_f flat 30-day period, th_e insured owner o_f Q vehicle h_a§ po_t presented t_l_1g g9_rrg missioner pf public safety pr; 11; authorized agent wit_h evidence (_)_f_‘ required security which §_h_all_ hgg taken effect upon t_h§ expiration 9ffl1_e previous cover- ggg, g if _t_h_g insured owner 9; registrant @ n_o’t instituted Q objection t_o t_l_i_e_

obligor’s cancellation under section 65B.21, within §l_1_e ti_r_'n_e limitations therein specified, tfi insured owner g registrant §pa_l1 immediately surrender E r_egis_- tration certificate @ vehicle license plates t_o t_1§ commissioner _o_f public safety a_rLd_ any n_ot operate g permit operation o_f'tl1_e vehicle i_n th_is gtgg g1t_i1 secur- gy i_s again provided % proof pf security furnished as reguired py sections 65B.4l t_q 65B.71.


171.19 PETITION FOR REINSTATEMENT OF LICENSES. Any person whose driver’s license has been refused, revoked, suspended, or

canceled by the commissioner, except where the license is revoked under section 169.123, may file a petition for a hearing in the matter in the district court in the county wherein such person shall reside and, in the case of a nonresident, in the district court in any county, and such court is hereby vested with jurisdiction, and it shall be its duty, to set the matter for hearing upon 15 days’ written notice to the commissioner, and thereupon to take testimony and examine into the facts of the case to determine whether the petitioner is entitled to a license or is subject to revocation, suspension, cancellation, or refusal of license, under the provisions ef t-his ehepter; and shall render judgment accordingly. The petition shall be heard by the court without a jury and may be heard in or out of term. The commissioner may appear in person, or by agents or representatives, and may present evidence upon the hearing by afiidavit personally, by agents, or by representatives. The petitioner may present evidence by aflidavit, except that the petitioner must be present in person at such hearing for the purpose of cross- examination. In the event the department shall be sustained in these proceedings, the petitioner shall have no further right to make further petition to any court for the purpose of obtaining a driver’s license until after the expiration of one year after the date of such hearing.





Subdivision 1. EXAMINATION REQUIRED. No person whose driver’s license has been revoked by reason of conviction, plea of guilty, or forfeiture of bail not vacated, under section 169.791, 169.797 9; 171.17 er 653:6-7, or revoked under section 169.123 or 169.792 shall be issued another license unless and until that person shall have successfully passed an examination as required for an initial license. I_l_1_i§ subdivision gag gfl apply t_o_ §_I_l applicant Q E1111 reinstatement under section 169.792, subdivisionE


Subdivision 1. CONDITIONS OF ISSUANCE. In any case where a person’s license has been suspended under section 171.18 or revoked under section 65-13:64: 169.121, 169.123, 169.792, 169.797, or 171.17, the commissioner may issue a limited license to the driver including under the following conditions:

(1) if the driver’s livelihood or attendance at a chemical dependency treatment or counseling program depends upon the use of the driver’s license;

(2) if the use of a driver’s license by a homemaker is necessary to prevent the substantial disruption of the education, medical, or nutritional needs of the family of the homemaker; or

(3) if attendance at a post-secondary institution of education by an enrolled student of that institution depends upon the use of the driver’s license.

The commissioner in issuing a limited license may impose such conditions and limitations as in the commissioner’s judgment are necessary to the interests of the public safety and welfare including reexamination as to the driver’s qualifications. The license may be limited to the operation of particular vehicles, to particular classes and times of operation and to particular conditions of traflic. The commissioner may require that an applicant for a limited license aflirma- tively demonstrate that use of public transportation or carpooling as an altema- tive to a limited license would be a significant hardship.

For purposes of this subdivision, “homemaker” refers to the person primar- ily performing the domestic tasks in a household of residents consisting of at least the person and the 'person’s dependent child or other dependents.

The limited license issued by the commissioner shall clearly indicate the limitations imposed and the driver operating under the limited license shall have the license in possession at all times when operating as a driver.

In determining whether to issue a limited license, the commissioner shall consider the number and the seriousness of prior convictions and the entire driving record of the driver and shall consider the number of miles driven by the driver annually.

If the person’s driver’s license or permit to drive; er nonresident eperat-i-ng privileges; have pas been revoked under section 65B.67 or 169.792, the commis-




sioner may only issue a limited license to the person after the person has presented an insurance identification card, policy, or written statement indicating that the driver or owner has insurance coverage satisfactory to the commissioner of public safety. The commissioner of public safety may require the insurance identification card provided to satisfy this subdivision be certified by the insurance company to be noncancelable for a period not to exceed 12 months.

Sec. 13. INSTRUCTION TO REVISOR. Subdivision L CROSS-REFERENCES. Thg revisor o_f statutes ma_k_e

necessa1_*y cross-reference changes i_n statutes gpd rules, consistent E th_e renumbering pg recodification o_f sections 65B.67 as 169.797, 65B.68 pg 169.798, §n_d 65B.69 Q 169.799.

Subd. _.’_Z_. REORDERING. IE revisor o_f statutes s_h_a_l1 reorder Q9 paragraphs _c_)_i_' section 169.791, subdivision 1, Q amended I_)y thi a_ct, §9_ ’tl1_a.1 @ dif- initions appear i_n alphabetical order. [lg revisor §1_ia_H ali flt1_<e_ necessagy cross-reference chances Q statutes E rules consistent yvfl Q13 reordering.

Sec. 14. REPEALER. Minnesota Statutes 1990, sections 65B.67; 65B.68; 65B.69; apg 169.792,

subdivision 2;, _an_<i Minnesota Statutes 1991 Supplement, section 168.041, subdivision 1_a, E repealed.

Sec. 15. APPROPRIATION. $66,000 i_s appropriated from E trunk highway Q t_o_ £13 commissioner

pf public safety t_o cover jg additional expenditures reguired py t_1_1_i§ article, tp hp added t_o gig appropriation ip Laws 1991, chapter section §, subdivision §. M @ EL __1993- '

The approved complement pf 11_1_e_ department o_f public safety i_s increased py grg position.

Sec. 16. EFFECTIVE DATE. Sections 1 t_o _1_4 a_re_ eflective Janua 1, 1993.

ARTICLE 15 LAW ENFORCEMENT AND

PUBLIC SAFETY

Section 1. [169.7995] CRIMINAL PENALTY I<‘OR FAILURE TO PRO- DUCE RENTAL OR LEASE AGREEMENT.

New language is indicated by underline, deletions by st-r-i-leeeué.



Subdivision L DEFINITION. As used i_n tli section: (_l_) “rental 9; lease agreement” means g written agreement t_o rent 9; lease g

motor vehicle that contains th_e name, address, and driver’s license number 91' th_e renter g lessee; and

(2) “person” h_as_ thp meaning given t_l_1_e_ term i_n section 645.44, subdivision

Subd. _2, REQUIREMENT. Every person _w_hp rents pg leases g motor vehi- Qiz1.%§@£&:atm2ne_r_io__d.9_f1wm=mB3Q@§§1.nuL1mm2__renta121: lease agreement covering tfi vehicle in; possession a_t gfl times when operating flip vehicle §_n_d_ §_h_a_l_l produce Q upon t_h_§ demand o_f Q peace oflicer. I_f th_e peg; s_g1_1_ ig unable t_o_ produce t_h§ rental g lease agreement pp_o_n_ Q demand o_f a peace officer, tl1__e_ person shall within _1_4 gys fig gig demand, produce ;l_1§ rental pr l_e_a_s_e agreement t_0_ t_i_1_§ plagg stated i_n t_h_e notice provided py me peace officer. _"l_1i_e rental g lease agreement may Q mailed _by th_e person ap lo_n_g gg i_t i_s received within _l_4 _dpy_s_.

Subd. 1 PENALTY. _/1 person who @ _tp.produce g rental gg lease agreement a_s reguired by t_h_is_ section i_s guilty o_f g misdemeanor. IE peace officer may mail _t_l§ citation t_o ‘th_e address given py ‘th_e person g t_o tlg address stated . Q _t_h_e driver’s license, ang ;l_1i_s_ service py ma_il Q ypli_d notwithstanding section 629.34. It ig _r§)_t _a defense gal ‘th_e person failed t_o notify pile department o_f flp-_ Q safety o_f p changg o_f name o_r address _as_ required under section 171.11. '_F_h_e

citation fly pg §e_n_t pffl t_l3 14-day period. Subd. :4‘: FALSE OR FICTITIOUS RENTAL OR LEASE AGREEMENT.

_I_t i_s _a misdemeanor fig; §r_1y person 39 E g make _a fictitious rental 9_r lease agreement, o_r t_o display gp altered g fictitious rental g‘ lease agreement know- i_pg 9_r having reason :9 know the_ agreement _i§ altered 9_r fictitious.

Sec. 2. Minnesota Statutes 1990, section 259.11, is amended toread:

259.11 ORDER; FILING COPIES.

Lg) Upon meeting the requirements of section 259.10, the court shall grant the application unless it finds that there is an intent to defraud or mislead or in the case of the change of a minor child’s name, the court finds that such name change is not in the best interests of the child. The court shall set forth in the order the name and age of the applicant’s spouse and each child of the applicant, if any, and shall state a description of the lands, if any, in which the applicant and the spouse and children, if any, claim to have an interest. The clerk shall file such order, and record the same in the judgment book. If lands be described therein, a certified copy of the order shall be filed for record, by the applicant, with the county recorder of each county wherein any of the same are situated. Before doing so the clerk shall present the same to the county auditor who shall enter the change of name in the auditor’s oflicial records and note upon the instrument, over an official signature, the words “change of name recorded.”

New language is indicated by underline, deletions by st-sileeeut.



Any such order shall not be filed, nor any certified copy thereof be issued, until the applicant shall have paid to the county recorder and clerk the fee required by law. No application shall be denied on the basis of the marital status of the applicant.

(Q) When 2_t person applies fpr a name change, jg in determine whether th_e person hag been convicted o_f 2_1 felony i_n g1_i_§ 9_r gpy 9% % Lt: _s_9_, fie p9u_rt fl§l_l, within te_n Qys §._ft_e_r_ t_l;e name change application i_s granted, report th_e name change t_o Q bureau pf criminal apprehension. Ilfi person whose name i_s changed spgll glg report thp change t_o tfi bureau o_f criminal apprehension within Q days. 113 court granting E name change application p1u_st explain E reporting gy Q jg order. fly person reguired t_o report th_e person’s name change t_o Q15; bureau o_f criminal apprehension L110 tYa_ils t_o report tfi name change ap required under @ paragraph i_s guilty o_f _a, gross misdemea- nor.


481.10 CONSULTATION WITH PERSONS RESTRAINED. All officers or persons having in their custody a person restrained of liberty

upon any eh-a-rge er eeuse a-l-legeel, except in cases where imminent danger of escape exists, shall admit any resident attorney retained by or in behalf of the person restrained, or whom the restrained person may desire to consult, to a private interview at the place of custody. Such custodians, upon request of the person restrained, as soon as practicable, and before other proceedings shall be had, shall notify any mg attorney residing in the eeuet-y of the request for a consultation with the attorney. Q all times through m period o_f custody, whether Q n_ot th_e person restrained @ been charged, tried, convicted, g i_s serving ar_1 executed sentence, reasonable telephone access to the attorney shall be provided to the person restrained at no charge to the attorney or to the person restrained. Every oflicer or person who shall violate any provision of this section shall be guilty of a misdemeanor and, in addition to the punishment prescribed therefor shall forfeit $100 to the person aggrieved, to be recovered in a civil action.


611.271 COPIES OF DOCUMENTS; The court administrators of all courts, gap prosecuting attorneys 91‘ counties fl municipalities, Q t_h_e_ l__a_\y enforcement agencies o_f Q stzi gn_d it_s politi-

gl subdivisions shall furnish, upon the request of the district public defender or the state public defender, copies of any documents, including police reports, in their possession at no charge to the public defender.

Sec. 5. Minnesota-Statutes 1990, section 624.7131, subdivision 1, is

amended to read:

New language is indicated by underline, deletions by st-r-i-leeeu-t.



Subdivision 1. INFORMATION. Any person may apply for a pistol transferee permit by providing the following information in writing to the chief of police of an organized full time police department of the municipality in which the person resides or to the county sheriff if there is no such local chief of police:

(a) The name, residence, telephone number and driver’s license number or nonqualification certificate number, if any, of the proposed transferee;

(b) The sex, date of birth, height, weight and color of eyes, E distinguish- i_ng physical characteristics, if a_ny, of the proposed transferee; a_r51_

(c) A statement by the proposed transferee that the proposed transferee is not prohibited by section 624.713 from possessing a pistol.

The statement shall be signed by the person applying for a permit. At the time of application, the local police authority shall provide the applicant with a

'

dated receipt for the application.


Subd. 6. PERMITS VALID STATEWIDE; Transferee permits issued pursuant to this section are valid statewide and shall expire after one year. A transferee permit may be renewed in the same manner and subject to the same provisions by which the original permit was obtained, except flat gl_l

renewed permits mist comply _v_v_it_l; fllg standards adopted py Q commissioner pf public safety under section 624.7151. Permits issued pursuant to this section are not transferable. A person who transfers a permit in violation of this subdivision is guilty of a misdemeanor.


Subdivision 1. REQUIRED INFORMATION. Except as provided in this section and section 624.7131, every person who agrees to transfer a pistol shall report the following information in writing to the chief of police of the organized full-time police department of the municipality where the agreement is made or to the appropriate county sheriff‘ if there is no such local chief of police:

(a) The name, residence, telephone number and driver’s license number‘ or nonqualification certificate number, if any, of the proposed transferee;

(b) The sex, date of birth, height, weight and color of eyes, apd distinguish- i_ig physical characteristics, fl‘ any, of the proposed transferee;

(c) A statement by the proposed transferee that the transferee is not prohibited by section 624.713 from possessing a pistol; and

(d) The address of the place of business of the transferor.

New language is indicated by underline, deletions by st-rileeeat.



The report shall be signed by the transferor and the proposed transferee. The report shall be delivered by the transferor to the chief of police or sheriff no later than three days after the date of the agreement to transfer, excluding week- ends and legal holidays.


amended to read: Subd. 3. CONTENTS. Applications for permits to carry shall set forth the

name;residenee;éateefbifih;height;weight;eebrefeyesanéhaia§sexené

lowing information:

Q) t_h_e_ name, residence, telephone number, Q driver’s license number pg nongualification certificate number, E any, o_I"tl1_e applicant;

(2) t_h_e s_e§, date 9_f birth, height, weight, allicolor o_f eyes £1 hair, £1E tinizuishing physical characteristics, E any, o_t”tl1_e applicant-,

Q) g statement py _t_h_§ applicant ghit 113 applicant i_s Q1 prohibited l_)y gag tifl 624.713 from possessing g pistol; gn_d

(4) g recent color photograph o_f Q9 applicant. The application shall be signed by the applicant.


amended to read: Subd. 7. RENEWAL. Permits to carry a pistol issued pursuant to this sec-

tion shall expire after one year and shall thereafter be renewed in the same manner and subject to the same provisions by which the original permit was obtained, except t_l;a_t a_1l renewed permits mpg comply _v_s/L ’th_e standards adopted py gl1_e commissioner pf public safety under section l_I_,

Sec. 10. [624.7151] STANDARDIZED FORMS. gy December 1, 1992, Elle commissioner pf public safety &11_l adopt §1a_te; @ standards governing gig form _am_ci contents, pg required py sections

624.7131 tp 624.714, 9_f every application Q 3 pistol transferee permit, pistol transferee permit, report o_f transfer pf g pistol, application f_o; g permit 19 c_a§gy Q pistol, £1 permit 19 carry g pistol 1l_1_a1 i_s granted g renewed pp g Q ling-_ gy 1, 1993. % adoption o_f these standards is po_t subject t_o gig rulemaking provisions o_f chapterg

Evegy application fpg g pistol transferee permit, pistol transferee permit, report pf transfer o_f p pistol, application Q g permit 19 carry 3 pistol, %Q m_it t_o p§_1_'y g p'stol pig; i_s received, granted, g renewed py g police ghfi 9; county sheriff Q 9; @ Janua _l_, 1993, gt meg t_h_e_ statewide standards adopted py tfi commissioner pf public safety. Notwithstanding _the_ previous sentence, neither failure pf ILQ department _o_f_' public safety t_o adopt standards pg failure o_f ’th_e police chief g county sheriff jZ_Q meet them % delay ’th_e

timely processing o_f applications pg; invalidate permits issued pp other forms meeting pig requirements o_f sections 624.7131 _t_o_ 624.714.

New language is indicated by underline, deletions by strileeeat.


2109 LAWS of MINNESOTA for 1992 Ch. 57l, Art. 15

Sec. 11. [624.716l] FIREARMS DEALERS; CERTAIN SECURITY MEASURES REQUIRED.

Subdivision _l_. DEFINITIONS. (pl 319; purposes pf mi_s section, tl_ip follow- i_r_1g terms have tip meaning given.

(pg “Firearm_s dealer” means Q dealer federally licensed 19 _s_e_1l pistols who operates g retail business i_n which pistols ar_e sold from Q permanent business location other than the dealer’s home.

(Q “Small firearms dealer” means g firearms dealer who operates _a retail business at which no more than 50 istols are dis la ed f_og ga_l_e a_t fly time. ______ _ ___._ _ __ __ _ L _ _LL_ __

(Q) “Large firearms dealer” means €_l_ firearms dealer who operates g retail business at which more than 50 istols are dis la ed Q % a_t fly time. __.__ _ __.__ __ _.. _._ P__ __ __P.._L __

Subd. A SECURITY MEASURES REQUIRED. fig; business hours when mg dealer’s place o_f business i_s unattended, g _s_r__n_al_l firearms dealer gl_1_all plic_e_ afl pistols t_hap a_r_e located i_n th_e dealer’s pQ_(§_ 9_f_‘ business i_n g locked s_ag g locked §tpe_l ggi cabinet, <_)_r o_n_ _a locked, hardened §_t_e_el Q; g Q; pu_p_s through t_h_e_: pistol’s trigger guards. IQ; safe, E cabinet, Q o_r cable must pp anchored t_o_ prevent i_ts_ removal from th_e_ premises.

Subd.‘ 1 SECURITY STANDARDS. % commissioner pf public safety shall adopt standards specifying minimum security requirements Q grpgll gn_d large firearms dealers. _By January _1_, 1993, a_ll firearms dealers §_hz_1_ll comply w_i_t_l; 113 standards. 11;; standards pnpay provide 1'95

(_1_) alarm systems f_o; small gpd large firearms dealers‘,

Q) pile hardening and other necessary and effective security measures reguired {gr large firearms dealers’,

Q) g system 9_f inspections, during normal business hours, _by local Q enforcement officials fpg compliance with mp standards; a_p_d

(1) other reasonable requirements necessary and effective t_q reduce E risk pf burglaries a_t firearms dealers’ business establishments.


Subdivision 1. REPORTS REQUIRED. A peace oflicer must report to the head of the officer’s department every violation of chapter 609 or a local criminal ordinance if the olficer has reason to believe, g E fie victim alleges, that the offender was motivated to commit the act by the victim’s race, religion, national origin, sex, age, disability, or characteristics identified as sexual orientation. The superintendent of the bureau of criminal apprehension shall adopt a reporting form to be used by law enforcement agencies in making the reports required under this section. The reports must include for each incident all of the follow- 1ng:

New language is indicated by underline, deletions by sir-ileeeut.



(l) the date of the offense;

(2) the location of the offense;

(3) whether the target of the incident is a person, private property, or public property;

(4) the crime committed;

(5) the type of bias and information about the offender and the victim that is relevant to that bias;

(6) any organized group involved in the incident;

(7) the disposition of the case; and

(8) whether gig determination that me ofl'ense wag motivated by E _VflS_ based Q the oflicer’s reasonable belief or Q gig victim’s allegation; yd

(2) any additional information the superintendent deems necessary for the acquisition of accurate and relevant data.

See. 13. Minnesota Statutes 1990, section 626.843, subdivision 1, is

amended. to read:

‘Subdivision 1. RULES REQUIRED. The board shall adopt rules with respect to:

'

(a) The certification of peace officer training schools, programs, or courses including training schools for the Minnesota state patrol. Such schools, programs and courses shall include those administered by the state, county, school district, municipality, or joint or contractual combinations thereof, and shall include pre- paratory instruction in law enforcement and minimum basic training courses;

(b) Minimum courses of study, attendance requirements, and equipment and facilities to be required at each certified peace oflicers training school located within the state;

(c) Minimum qualifications for instructors at certified peace ofiicer training” schools located within this state;

(d) Minimum standards of physical, mental, and educational fitness which shall govern the recruitment and licensing of peace officers within the state, by any state, county, municipality, or joint or contractual combination thereof, including members of the Minnesota state patrol;

(e)v Minimum standards of conduct which would affect the individual’s performance of duties as a peace oflicer;

These standards shall be established and published on or before July 1,

1979.




(0 Minimum basic training which peace oflicers appointed to temporary or probationary terms shall complete before being eligible for permanent appointment, and the time within which such basic training must be completed following any such appointment to a temporary or probationary term;

(g) Minimum specialized training which part-time peace oflicers shall complete in order to be eligible for continued employment as a part-time peace officer or permanent employment as a peace ofiicer, and the time within which the specialized training must be completed;

(h) Content of minimum basic training courses required of graduates of certified law enforcement training schools or programs. Such courses shall not duplicate the content of certified academic or general background courses completed by a student but shall concentrate on practical skills deemed essential for a peace officer. Successful completion of such a course shall be deemed satisfaction of the minimum basic training requirement;

(i) Grading, reporting, attendance and other records, and certificates of attendance or accomplishment;

(j) The procedures to be followed by a part-time peace officer for notifying the board of intent to pursue the specialized training for part-time peace oflicers who desire to become peace oflicers pursuant to clause (g), and section 626.845, subdivision 1, clause (g);

(k) The establishment and use by any political subdivision or state law enforcement agency which employs persons licensed by the board of procedures for investigation and resolution of allegations of misconduct by persons licensed by the board. The procedures shall be in writing and shall be established on or before October 1, 1984;

(l) The issues that must be considered by each political subdivision and state law enforcement agency that employs persons licensed by the board in establishing procedures under section 626.5532 to govern the conduct of peace officers who are in pursuit of a vehicle being operated in violation of section 609.487, and requirements for the training of peace officers in conducting pur- suits. The adoption of specific procedures and requirements is within the authority of the political subdivision or agency; and

(m) Supervision 9_f_‘ part-time peace officers @ requirements Q documentation bf hours worked by g p_art-time peace oflicer who i_s Q active duty. These rules shall bg adopted by December Q, 1993; a_n§_

Lb) Such other matters as may be necessary consistent with sections 626.84 to 626.855. Rules promulgated by the attorney general with respect to these matters may be continued in force by resolution of the board if the board finds the rules to be consistent with sections 626.84 to 626.855.





626.8451 TRAINING IN IDENTIFYING AND RESPONDING TO CER- TAIN CRIMES B¥ BIA-S.

Subdivision 1. TRAINING COURSE; CRIMES MOTIVATED E BIAS. The board must prepare a training course to assist peace oflicers in identifying and responding to crimes motivated by the victim’s race, religion, national origin, sex, age, disability, or characteristics identified as sexual orientation. The course must include material to help oflicers distinguish bias crimes from other crimes, to help officers in understanding and assisting victims of these crimes, and to ensure that bias crimes will be accurately reported as required under section 626.5531. The course must be updated periodically as. the board considers appropriate.

Subd. & TRAINING COURSE; CRIMES OF VIOLENCE. I_n consulta- E VLl1:_l_l E crime victim and witness advisory council _am_ci the school o_fQ enforcement, t_h_e_ board prepare a training course t_o assist peace officers in responding t_o crimes gf violence _an_d t_o enhance peace oflicer sensitivity i_n

interacting wit_h gig assisting crime victims. IE course must include information about:

Q) E needs o_f victims 9_f these crimes 3% the most effective £1 sensitive way t_o meet those needs 33 arrange fg them to Q met;

Q) t_h_e extent agi causes o_f crimes gf violence, including physical a_1_1_<_i_ §e3(_-

u_al abuse, physical violence, an_d neglect;

Q) Q identification o_f crimes o_f violenceang patterns o_f violent behavior; and‘

(5) culturally responsive approaches to dealing with victims £1 perpetra- pg 53‘ violence.

Subd. 2. PRESERVICE TRAINING REQUIREMENT. An individual may not be licensed as a peace officer after August -1-, -1999; unless the individual has received the training described in subdivision 1. A_r_1 individual i_s Q eligible t_o t_a_k§ E peace officer licensing examination gft_e1_* August 1, 1994, unless th_e individual has received t_h_e training described _i_1; subdivisiong

Subd. 3. IN-SERVICE TRAINING; BOARD REQUIREMENTS. The board must provide to chief law enforcement officers instructional materials patterned after the materials developed by the board under subdivi-

1 ad _1_a. These materials must meet board requirements for continuing education credit and be updated periodically as the board considers appropriate. The board must also seek funding for an educational conference to inform and sensitize chief law enforcement ofiicers and other interested persons to the law enforcement issues associated with bias crimes Qg crimes o_f violence. If funding is obtained, the board may sponsor the educational conference on its own or with other public or private entities.

New language is indicated by underline, deletions by at-ri-leeeu-t.



Subd. 4. IN-SERVICE TRAINING; CHIEF LAW ENFORCEMENT OFFICER REQUIREMENTS. A chief law enforcement officer must inform all peace officers within the officer’s agency of (1) the requirements of section 626.5531, (2) the availability of the instructional materials provided by the board under subdivision 3, and (3) the availability of continuing education credit for the completion of these materials. The chief law enforcement officer must also encourage these peace officers to review or complete the materials.

Sec. 15. Minnesota Statutes 1990, section 626.8465, subdivision l, is

amended to read:

Subdivision 1. SUPERVISION OF POWERS AND DUTIES. No law enforcement agency shall utilize the services of a part-time peace officer unless the part-time peace officer exercises the part-time peace oflicer’s powers and duties under the supervision; directly or indirectly of a licensed peace officer designated by the chief law enforcement oflicer. Supervision also may be via radio communications. With the consent of the county sheriff, the designated supervising ofiicer may be a member of the county sheriffs department.

Sec. 16. ADVISORY TASK FORCE. IQ commissioner pf public safety §h_a_ll appoint a tas_k force t_o recommend

firearms dealers’ security standards as reguired by section _1_L T_h_e_ t_a§l§ fggcg £111 consist pf appropriate interested persons, including firearms dealers agl crime prevention oflicers. ilk fig force §l_1_a_ll recommend standards py Septem- E _l_, _l_99_2_, gig tl1_e_ commissioner flgl adopt standards py October _I_, 1992.

Sec. 17. EFFECTIVE DATE. Section 1_6_ i_s effective fie day following final enactment. Sections I g 2

ar_e effective August I, 1992, a_ng apply tp crimes committed pp 9_r after th_at date.

ARTICLE 16 CAMPUS SAFETY AND SECURITY

Section 1. VIOLENCE AND SEXUAL HARASSMENT. Subdivision _l_. PLANS. Each public £1 private post-secondary institution,

_a_s defined i_n Minnesota Statutes, section l36A.lOl, subdivision 3, s_h_a_11 prepare E lppgip t_o implement p_lar_1_s t_q avoid problems o_f violence E sexual harassment p_r_1 campus. % plans shall indicate tfi current status Q" Q components Q subdivision _2_, mg means t_o improve Qa_t status, 3 timeline Q implementa- tipn pfgg improvements, a_r1_d Q estimated gpg _9_f_‘ implementing E improve- ment.

New language is indicated by underline, deletions by st-r-i-leeeat.



Subd. _2_. COMPONENTS. Each campus plfl shall address gt least t_h_e _t_‘9_l;

lowing components:

Q) security such § type pg level _o_t_‘ security systems Q campus, including physical plant, escort services, @ other human resources; gig

Q) training such a_s programs 9; other efforts ftp provide mandatory training Q faculty, staff, and students regarding campus policies and procedures relating t_o incidents pf violence and sexual harassment and _t_h_§ extent and causes 9_f_' violence.

Subd. ; IMPLEMENTATION. gag campus slill present _i§ pla1_n t_o Q governing board by November _l_§, 1992. Each governing board ill review m_e pla;i_s fig campus administrators all report ’th_e plans January l_5, 1993, t_o E higher education coordinating board a_ng gig attorney general 33; review a_nc_1 comment. campus 11211 begin implementation o_f‘it_s plan's following mg approval o_f Q governing board gig review py E higher education coordinating board @ th_e attorney general. Except fpi; capital improvements, f_ul_l implementation mu_st pg accomplished py Elle beginning pf th_e 1994-1995 academic year.

Subd. i REPORT. E higher education coordinating board gpg gig attor- p_e_y general shall report their review fld comment gm th_e plans t_o t_h_e legislature by March 1993.

Sec. 2. CURRICULUM AND TRAINING ABOUT VIOLENCE AND ABUSE.

Subdivision 1, SURVEY OF EFFECTIVENESS OF INSTRUCTION.@ higher education coordinating board ml conduct e_1 random survey o_f recent Minnesota graduates pf gr “eligible institution,” focusing Q teacherg, school district administrators, school district professional support £1 c_h_@ protection workers, Q enforcement oflicers, probation oflicers, parole ofliceg, lawyers, physicians nurses, mental health professionals, social workers, guidance counselors, Q4 gl_1 filler mental health @ health gig professionals fig work@ adult gpg child victims gig perpetrators o_f violence a_n_d abuse. 1 survey glill b_e designed t_o ascertain whether thg instructional programs the graduates completed provided adeguate instruction about:

Q) th_e extent E causes pf violence £1 thg identification pf violence, which includes physical 9;‘ sexual abuse 9; neglect, _a_n_q racial g cultural violence; £71

Q) culturally Ed historically sensitive approaches t_o dealing with victims £1 pegpetrators pf violence. Q th_e pugpose o_f tfi section, “eligible institution” E 33 meaning given it i_n Minnesota Statutes, section l36A.l0l, subdivision 5

Subd. _; CURRENT COURSE OFFERINGS. Each public eligible institu- gig must report, an_d ‘th_e University pf Minnesota g each private eligible institution afl requested ftp report, t_o _t_h_e higher education coordinating board




current course offerings gn_c1 special programs relating t_o gl_1_§ issues described i_n_ subdivision _1_, clauses Q) fig Q), 3 _-a minimum, ‘th_e reports ‘pe_ _f‘1l_§_q f_o;

those departments offering maiors Q students entering Q professions described i_n subdivision L '

Subd. 1 CURRICULAR RECOMMENDATION. IQ higher education coordinating board El convene gig s»t_af1‘ meetings o_f pl_1_e boards _tpa_t license occupations listed _ip subdivision 1 j1i_e_ University o_f Minnesota, th_e technical college, community college, e_1n_d syatp university systems, fig E Minnesota gi- yag college council. 115 boards, tpg system_§, gig ;l_1p council flafl develop peg ommendations indicating _h_o_w eligible institutions pa_n_ strengthen curricula ap<_1 special programs i_p the a_re31_s described i_n subdivision _1_, plauses Q) _a_rg Q1 Llie recommendations gall consider t_h_e_ results 91' t_l_1_e random survey reguired l_)y subdivision _1_, amp mp review o_f current programs required i_n subdivision _2_. E recommendations Q adviso1_'y g1_ly §p_d §_r_p intended pg a_s_s_i_s_t jthp institu- tici _ip strengthening curricula E special programs.

Subd. 5 REPORT TO LEGISLATURE. gy Februagy _l_5_, 1993, ’tl1_e higher education coordinating board phafl report t_o @ legislature ‘th_e results 9_f fie _S_1_l_I_‘_-_ fiy reguired py subdivision 1, th_e review o_f current programs required by subdivision Q, gr_1_<_l tfi implementation plfl reguired py subdivision _3_,

Sec. 3. STAFF DEVELOPMENT USING TECHNOLOGY. Lite departments _o_f education, health, human services, gpg administration

shall develop recommendations about improved its o_f interactive television gpg jzpg statewide telecommunications access routing system (STARS) t_o pfi; dggy £1 effectively provide §t_afl development Q school district licensed gig pcpiycensed §t_a_f_l_‘ gig training programs Q child protection workers, gw enforcement officers, probation officers, parole oflicers, lawyers, physicians, nurses, mental health professionals, social workers, guidance counselors, gpg all other mental health Ed health _c_p_1;e_ professionals yv_l_1_o_ work Q; adult gp_c_l child victims app! pegpetrators 9_f_' violence apd abuse. @ higher education coordinat- mg board ill convene meetings o_f E departments flq coordinate efforts tp develop 1;l1_(§_g recommendations. Il_1_e recommendations 13 reported l_3y _t_l'g higher education coordinating board pg tl_1_e_: legislature l_3y Februa g, 1993.

Sec. 4. MULTIDISCIPLINARY PROGRAM GRANTS. 11;; higher education coordinating board may award grants tp “eligible i_r§;

titutions” § defined i_n_ Minnesota Statutes, section l36A.10l, subdivision 3, t_o provide multidisciplinagy training programs that provide training about:

Q) fie extent £1 causes 9_f violence ppg thp identification o_f violence, which includes physical g sexual abuse g neglect, and racial 9_r cultural violence', gpd

Q) culturally ppd historically sensitive approaches tp dealing with victims aii pegpetrators o_f violence.




Ihg programs be multidisciplinary Q include teachers, child protec- til workers, law enforcement oflicers, probation oflicers, parole officers, lal yfl, physicians, nurses, mental health professionals, social workers, guidance counselors, @ all other mental health and health E professionals _v_v_1i_c_> @ adult M child victims _a_r_1g perpetrators 9_f violence _ar_1_d abuse.

ARTICLE 17 MISCELLANEOUS PROVISIONS

Section 1. Minnesota Statutes 1990, section 270A.03, subdivision 5, is

amended to read:

Subd. 5. “Debt” means a legal obligation of a natural person to pay a fixed and certain amount of money, which equals or exceeds $25 and which is due and payable to a claimant agency. The term includes criminal fines imposed under section 609.10 93 609.125 and restitution. A debt may arise under a contractual or statutory obligation, a court order, or other legal obligation, but need not have been reduced to judgment.

A debt does not include any legal obligation of a current recipient of assistance which is based on overpayment of an assistance grant.

A debt does not include any legal obligation to pay a claimant agency for medical ‘care, including hospitalization if the income of the debtor at the ‘time when the medical care was rendered does not exceed the following amount:

(1) for an unmarried debtor, an income of $6,400 or less;

(2) for a debtor with one dependent, an income of $8,200‘or less;

(3) for a debtor with two dependents, an income of $9,700 or less;

(4) for a debtor with three dependents, an income of $11,000 or less;

(5) for a debtor with four dependents, an income of $11,600 or less; and

(6) for a debtor with five or more dependents, an income of $12,100 or less.

The income amounts in this subdivision shall be adjusted for inflation for debts incurred in calendar years 1991 and thereafter. The dollar amount of each income level that applied to debts incurred in the prior year shall be increased in the same manner as provided in section 290.06, subdivision 2d, for the expansion of the tax rate brackets.


amended to read:




Subd. 5. COLLECTION OF FEES. The court administrator of district court shall charge and collect all fees as prescribed by law and all such fees collected by the court administrator as court administrator of district court shall be paid to the county treasurer. Except for those portions of forfeited bail paid to victims pursuant to existing law, the county treasurer shall forward all revenue from fees and forfeited bail collected under chapters 357 and 574 to the state treasurer for deposit in the state treasury and credit to the general fund, unless otherwise provided in chapter 611A or other law, in the manner and at the times prescribed by the state treasurer, but not less often than once each month. 3" gig defendant g probationer i_s located after forfeited b_a_il proceeds h_a\_r_e_ been fb_r-_ warded t_o Q gat_e treasurer, t_h_e_ state treasurer s_lill reimburse th_e county, 9_n request, fig actual costs expended for extradition, transportation, g other costs necessary 3; return gig defendant g probationer to 'th_e jurisdiction where tli_e l3a_il \_N_a_§ posted, _i_n an amount rig; more flan the amount of forfeited lg; All other money must be deposited in the county general fund unless otherwise provided by law. The court administrator of district court shall not retain any additional compensation, per diem or other emolument for services as court administrator of district court, but may receive and retain mileage and expense allowances as prescribed by law.

ARTICLE 18 APPROPRIATIONS

Section 1. APPROPRIATIONS. The sums shown in the columns marked “APPROPRIATIONS” are appro-

priated from the general fund to the agencies and for the purposes specified in this article, to be available for the fiscal year ending June 30, 1993.

See. 2. CORRECTIONS Total General Fund Appropriation $3,897,000

Of this appropriation, $15,000 is for the development of standards for electronic monitoring devices used to protect victims of domestic abuse.

Of this appropriation, $500,000 is for battered women services, $300,000 is for domestic abuse advocacy grants, $400,000 is for sexual assault victim services, and $200,000 is for crime victim center grants. Up to 2.5 percent of the funding for victim services may be used for administration of these programs.



Ch. 571, Art. 18 LAWS of MINNESOTA for 1992

Of this appropriation, $250,000 is for the costs of increased supervised release efforts provided for in article 1, section 7. The complement of the department is increased by three positions for this purpose.

Of this appropriation, $350,000 is for the costs of operating a sex offender» program at the St. Cloud correctional facility and for research of the effectiveness of the program.

Of this. appropriation, $500,000 is for the costs of operating a sex offender program at Sauk Centre juvenile correctional facility and for research of the effectiveness of the program.

Of this appropriation, $150,000 is for the costs of developing a sex offender treatment fund as provided for in article 8, section 4. The complement" of the department is increased by two positions until July 1, 1993. The commissioner shall report to the legislature on the development of this program by January 15, 1993.

Sec. 3. HUMAN SERVICES Total General Fund Appropriation

Money appropriated for juvenile mental health screening projects may not be used to pay for out-of-home placement or to replace current funding for programs presently in operation.

The commissioner shall distribute the appropriation for family-based services as special incentive bonus payments under Minnesota Statutes, section 256F.O5, subdivision 4a, or as family- based crisis service grants under Minne- sota Statutes, section 256F.O5, subdivision 8. '

Of this appropriation, $200,000 is for children’s safety center demonstration projects.

2118

1,500,000



Sec. 4. EDUCATION Total General Fund Appropriation 2,250,000

Up to $50,000 of this appropriation may be used for administration of the programs funded in this section. The state complement of the department of education is increased by one position until July 1, 1993.

Up to $500,000 of this appropriation is for ECFE and is added to the appropriation in Laws 1991, chapter 265, article 4, section 30, subdivision 5. In fiscal year 1993 only, a district receiving additional revenue for ECFE shall receive all the additional revenue as aid and shall not have its levy for ECFE programs adjusted for any of this additional revenue. One hundred percent of the aid appropriated must be paid in fiscal year 1993 according to the process established in Minnesota Statutes, section 124.195, subdivision 9.

One hundred percent of the aid appropriated for violence prevention education grants must be paid in fiscal year 1993 according to the process established in Minnesota Statutes, section 124.195, subdivision 9.

$250,000 of this appropriation is to encourage the establishment of community violence prevention councils by cities, counties, and school boards. Councils shall identify community needs and resources for violence prevention and development services that address community needs related to violence prevention. One hundred percent of the aid appropriated for community violence prevention education grants must be paid in fiscal year 1993 according to the process established in Minnesota Statutes, section 124.195, subdivision 9.


Ch. 571, Art. 18 LAWS of MINNESOTA for 1992

Any of the funds in this section awarded to school districts but not expended in fiscal year 1993 shall be available to the award recipient in fiscal year 1994 for the same purposes and activities.

Sec. 5. PUBLIC SAFETY Total General Fund Appropriation

Of this appropriation, $60,000 is available immediately after enactment of this act and is available for violence prevention efforts until July 1, 1993. The state complement of the department is increased by one position for the purposes of this act.

‘Of this appropriation‘, $900,000 is to be distributed by the commissioner according to the recommendations of the chemical abuse prevention resource council for the programs described in article 10, sections 8, 9, 13, 14, 24, 26, and Minnesota Statutes, section 144.401.

Of this appropriation, $50,000 is to award a child abuse prevention grant under article 10, section 27.

Sec. 6. HIGHER EDUCATION COORDINATING BOARD Total General Fund Appropriation

Sec. 7.. HEALTH Total General Fund Appropriation

The complement of the department is

increased by one position until July 1,

1993, for the home health visit program.

Sec. 8. SUPREME COURT Total General Fund Appropriation

Sec. 9. DISTRICT COURTS Total General Fund Appropriation

2120

1,352,000

150,000

315,000

225,000

500,000



Sec. 10. ATTORNEY GENERAL Total General Fund Appropriation 75,000

This appropriation is for the costs of managing psychopathic personality commitments. These funds shall not be used for cases in Hennepin and Ramsey counties.

Sec. 11. BOARD OF PUBLIC DEFENSE Total General Fund Appropriation

The appropriation for appellate services shall be annualized for the 1994-1995 biennium. The board’s approved complement for appellate services is increased by six positions.

Sec. 12. DEPARTMENT OF JOBS AND TRAINING Total General Fund Appropriation 1,475,000

$1,000,000 of this appropriation is for head start programs.

$200,000 of this appropriation is to supplement youth employment, training, service, or leadership development programs currently funded under the federal Job Training Partnership Act.

$275,000 of this appropriation is to supplement youth intervention programs under Minnesota Statutes, section 268.30.

Sec. 13. EFFECTIVE DATE. _S§gt_iQ;1_ _4_ is th_e Q1 following _fl_i_ial enactment. Presented to the governor April 17, 1992

Signed by the governor April 29, 1992, 4:09 p.m.

New language is indicated by underline, deletions by steri-leeeu-t.


LAWS of MINNESOTA for 1992 - MN Revisor's Office

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