1.1                          A bill for an act 
  1.2             relating to the operation of state government; crime 
  1.3             and crime prevention; appropriating money for the 
  1.4             judicial branch, public safety, public defense, 
  1.5             corrections, human rights, and related purposes; 
  1.6             increasing and prescribing criminal penalties for a 
  1.7             variety of offenses; increasing penalties for certain 
  1.8             controlled substance offenses; clarifying provisions 
  1.9             of the Community Notification Act; expanding and 
  1.10            clarifying the sex offender registration law; 
  1.11            authorizing a teen court program; clarifying and 
  1.12            expanding crime victim rights; providing additional 
  1.13            protections to children; providing for increased 
  1.14            access by peace officers to juvenile records; creating 
  1.15            a statewide criminal gang council and a criminal gang 
  1.16            strike force to improve the investigation and 
  1.17            prosecution of gang-related crime; increasing 
  1.18            protections for correctional employees who are 
  1.19            assaulted by inmates; clarifying the powers of the 
  1.20            ombudsman for corrections; restricting certain 
  1.21            computer uses by inmates; clarifying laws relating to 
  1.22            probation; clarifying elements of the harassment and 
  1.23            stalking crime; amending Minnesota Statutes 1996, 
  1.24            sections 144.761, subdivisions 5 and 7; 144.762, 
  1.25            subdivision 2, and by adding a subdivision; 144.765; 
  1.26            151.40; 152.01, subdivision 18, and by adding a 
  1.27            subdivision; 152.02, subdivisions 2 and 5; 152.021, 
  1.28            subdivisions 1, 2, and 3; 152.022, subdivisions 1, 2, 
  1.29            and 3; 152.023, subdivisions 2 and 3; 152.024, 
  1.30            subdivision 1; 152.029; 169.042, subdivision 1; 
  1.31            169.20, subdivision 5; 169.797, subdivision 3; 171.29, 
  1.32            subdivision 2; 241.42, subdivision 2; 241.44, 
  1.33            subdivision 1, and by adding a subdivision; 242.19, 
  1.34            subdivision 3; 243.166, subdivisions 1, 2, 3, and 4; 
  1.35            244.052, subdivisions 3, 4, 5, and 6; 256E.03, 
  1.36            subdivision 2; 256F.09, subdivisions 2 and 3; 257.071, 
  1.37            subdivisions 3, 4, and by adding subdivisions; 
  1.38            257.072, subdivision 1; 259.41; 259.59, by adding a 
  1.39            subdivision; 259.67, subdivision 2; 260.012; 260.015, 
  1.40            subdivisions 2a and 29; 260.131, subdivisions 1 and 2; 
  1.41            260.155, subdivisions 1a, 2, 3, 4, and 8; 260.161, 
  1.42            subdivisions 2, 3, and by adding a subdivision; 
  1.43            260.165, subdivision 3; 260.1735; 260.191, 
  1.44            subdivisions 3a, 3b, and 4; 260.192; 260.221, 
  1.45            subdivisions 1 and 5; 260.241, subdivisions 1 and 3; 
  1.46            260.311, subdivision 1; 299A.61, subdivision 1; 
  2.1             299A.63, subdivision 4; 299C.10, subdivision 4; 
  2.2             299C.65, by adding a subdivision; 299D.07; 299F.051; 
  2.3             299F.06, subdivision 3; 363.073, subdivision 1; 
  2.4             388.23, subdivision 1; 480.30, subdivision 1; 504.181, 
  2.5             subdivision 1; 518.10; 518.175, subdivision 5, and by 
  2.6             adding a subdivision; 518.179, subdivision 2; 518B.01, 
  2.7             subdivisions 4, 8, 14, and 17; 566.05; 566.18, 
  2.8             subdivision 6; 609.02, by adding a subdivision; 
  2.9             609.035, subdivision 1, and by adding a subdivision; 
  2.10            609.10; 609.101, subdivision 5; 609.115, subdivision 
  2.11            1; 609.125; 609.135, subdivisions 1, 2, 7, and by 
  2.12            adding subdivisions; 609.15, subdivision 1; 609.221; 
  2.13            609.2231, by adding subdivisions; 609.2244; 609.2245, 
  2.14            subdivision 2; 609.3451, subdivision 3; 609.3461, 
  2.15            subdivisions 1 and 2; 609.347, subdivision 7; 609.487, 
  2.16            subdivision 3; 609.495, subdivision 1; 609.498, by 
  2.17            adding subdivisions; 609.52, subdivision 2; 609.746, 
  2.18            subdivision 1; 609.749, subdivisions 1, 2, 5, and by 
  2.19            adding a subdivision; 609.78; 611.27, subdivision 4, 
  2.20            and by adding a subdivision; 611A.01; 611A.035; 
  2.21            611A.038; 611A.039, subdivision 1; 611A.04, by adding 
  2.22            a subdivision; 611A.361, by adding a subdivision; 
  2.23            611A.52, subdivisions 6 and 8; 611A.53, subdivision 
  2.24            1b; 611A.675; 611A.71, subdivisions 5 and 7; 611A.74, 
  2.25            subdivisions 1, 3, and by adding a subdivision; 
  2.26            617.23; 617.82; 617.85; 629.725; and 631.07; Laws 
  2.27            1995, chapter 226, article 3, section 60, subdivision 
  2.28            4; and Laws 1996, chapter 408, article 1, section 6, 
  2.29            subdivision 6; proposing coding for new law in 
  2.30            Minnesota Statutes, chapters 241; 243; 244; 257; 259; 
  2.31            260; 299A; 299F; 609; 611A; and 626; repealing 
  2.32            Minnesota Statutes 1996, sections 259.33; 299A.01, 
  2.33            subdivision 6; and 299F.07; Minnesota Rules, parts 
  2.34            7419.0100; 7419.0200; 7419.0300; 7419.0400; 7419.0500; 
  2.35            7419.0600; 7419.0700; and 7419.0800. 
  2.36  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.37                             ARTICLE 1
  2.38                           APPROPRIATIONS
  2.39  Section 1.  [CRIMINAL JUSTICE APPROPRIATIONS.] 
  2.40     The sums shown in the columns marked "APPROPRIATIONS" are 
  2.41  appropriated from the general fund, or another fund named, to 
  2.42  the agencies and for the purposes specified in this act, to be 
  2.43  available for the fiscal years indicated for each purpose.  The 
  2.44  figures "1997," "1998," and "1999," where used in this act, mean 
  2.45  that the appropriation or appropriations listed under them are 
  2.46  available for the year ending June 30, 1997, June 30, 1998, or 
  2.47  June 30, 1999, respectively. 
  2.48                          SUMMARY BY FUND
  2.49                 1997           1998          1999          TOTAL
  2.50  General $  1,393,000  $ 481,162,000 $ 492,316,000 $ 974,871,000
  2.51  Special Revenue           5,901,000     6,368,000    12,269,000
  2.52  State Government
  2.53  Special Revenue               7,000         7,000        14,000
  3.1   Environmental                42,000        43,000        85,000
  3.2   Trunk Highway             1,557,000     1,587,000     3,144,000
  3.3   TOTAL   $  1,393,000  $ 488,669,000 $ 500,321,000 $ 990,383,000
  3.4                                              APPROPRIATIONS 
  3.5                                          Available for the Year 
  3.6                                              Ending June 30 
  3.7                                             1998         1999 
  3.8   Sec. 2.  SUPREME COURT 
  3.9   Subdivision 1.  Total 
  3.10  Appropriation                       $ 23,703,000   $ 25,978,000
  3.11  The amounts that may be spent from this 
  3.12  appropriation for each program are 
  3.13  specified in the following subdivisions.
  3.14  Subd. 2.  Supreme Court Operations 
  3.15       3,929,000      4,095,000
  3.16  $2,500 the first year and $2,500 the 
  3.17  second year are for a contingent 
  3.18  account for expenses necessary for the 
  3.19  normal operation of the court for which 
  3.20  no other reimbursement is provided. 
  3.21  Of this appropriation, $11,000 the 
  3.22  first year is for judicial salary 
  3.23  increases, effective January 1, 1998.  
  3.24  The increase scheduled for July 1, 
  3.25  1999, shall be added to the supreme 
  3.26  court's base budget for the fiscal 
  3.27  biennium ending June 30, 2001. 
  3.28  The supreme court is requested to study 
  3.29  whether rule 12 of the rules of the 
  3.30  board of judicial standards should be 
  3.31  modified to permit the awarding of 
  3.32  reasonable costs and attorneys fees to 
  3.33  judges who are found, after a formal 
  3.34  hearing, not to have violated the rules 
  3.35  of judicial conduct, judicial 
  3.36  standards, or professional conduct.  
  3.37  Subd. 3.  Civil Legal Services
  3.38       6,257,000      6,257,000
  3.39  This appropriation is for legal 
  3.40  services to low-income clients and for 
  3.41  family farm legal assistance under 
  3.42  Minnesota Statutes, section 480.242.  
  3.43  Any unencumbered balance remaining in 
  3.44  the first year does not cancel but is 
  3.45  available for the second year of the 
  3.46  biennium.  A qualified legal services 
  3.47  program, as defined in Minnesota 
  3.48  Statutes, section 480.24, subdivision 
  3.49  3, may provide legal services to 
  3.50  persons eligible for family farm legal 
  3.51  assistance under Minnesota Statutes, 
  3.52  section 480.242. 
  3.53  Subd. 4.  Family Law Legal
  3.54  Services
  3.55         877,000        877,000
  4.1   This appropriation is to improve the 
  4.2   access of low-income clients to legal 
  4.3   representation in family law matters 
  4.4   and must be distributed under Minnesota 
  4.5   Statutes, section 480.242, to the 
  4.6   qualified legal services programs 
  4.7   described in Minnesota Statutes, 
  4.8   section 480.242, subdivision 2, 
  4.9   paragraph (a).  Any unencumbered 
  4.10  balance remaining in the first year 
  4.11  does not cancel and is available for 
  4.12  the second year of the biennium. 
  4.13  Subd. 5.  State Court Administration 
  4.14      10,622,000     12,710,000
  4.15  The supreme court may use part of this 
  4.16  appropriation to implement two pilot 
  4.17  projects to improve the resolution of 
  4.18  family issues, including domestic 
  4.19  abuse, by assigning related family, 
  4.20  probate, and juvenile court matters, 
  4.21  other than delinquency proceedings, to 
  4.22  a single judge.  One pilot project 
  4.23  shall be established in the second 
  4.24  judicial district and the other pilot 
  4.25  project shall be established in a rural 
  4.26  district.  The supreme court is 
  4.27  requested to report to the legislature 
  4.28  on the effectiveness of the pilot 
  4.29  projects in resolving family issues 
  4.30  when the project is completed or by 
  4.31  January 15, 2000, whichever is earlier. 
  4.32  Subd. 6.  Community Dispute Resolution 
  4.33         125,000        125,000
  4.34  Subd. 7.  Victim Offender Mediation
  4.35  Grants 
  4.36         170,000        170,000 
  4.37  Subd. 8.  Law Library Operations
  4.38       1,723,000      1,744,000
  4.39  Sec. 3.  COURT OF APPEALS              5,809,000      6,012,000
  4.40  Of this appropriation, $23,000 the 
  4.41  first year is for judicial salary 
  4.42  increases, effective January 1, 1998.  
  4.43  The increase scheduled for July 1, 
  4.44  1999, shall be added to the court of 
  4.45  appeals' base budget for the fiscal 
  4.46  biennium ending June 30, 2001. 
  4.47  Sec. 4.  DISTRICT COURTS              69,831,000     71,006,000
  4.48  Of this appropriation, $337,000 the 
  4.49  first year is for judge and capped 
  4.50  employee salary increases, effective 
  4.51  January 1, 1998.  The increase 
  4.52  scheduled for July 1, 1999, shall be 
  4.53  added to the district courts' base 
  4.54  budget for the fiscal biennium ending 
  4.55  June 30, 2001. 
  4.56  The appropriation for judicial support 
  4.57  increases shall be used, first, to 
  5.1   increase the salaries of existing law 
  5.2   clerks and, second, to hire up to 24 
  5.3   additional law clerks for district 
  5.4   judges who currently are sharing law 
  5.5   clerks. 
  5.6   Of this appropriation, $500,000 is for 
  5.7   the video pilot project in the ninth 
  5.8   judicial district and for the video 
  5.9   hearing project for the court of 
  5.10  appeals.  Unexpended funds may be used 
  5.11  for the judicial branch justice network.
  5.12  Sec. 5.  BOARD OF JUDICIAL  
  5.13  STANDARDS                                223,000        228,000
  5.14  Sec. 6.  TAX COURT                       974,000        645,000
  5.15  Sec. 7.  PUBLIC SAFETY
  5.16  Subdivision 1.  Total 
  5.17  Appropriation                         36,424,000     34,058,000
  5.18                Summary by Fund
  5.19                          1998          1999
  5.20  General              32,498,000    30,392,000
  5.21  Special Revenue       2,320,000     2,029,000 
  5.22  State Government 
  5.23  Special Revenue           7,000         7,000
  5.24  Trunk Highway         1,557,000     1,587,000 
  5.25  Environmental            42,000        43,000
  5.26  Subd. 2.  Emergency Management
  5.27                Summary by Fund
  5.28  General               2,072,000     2,096,000
  5.29  Environmental            42,000        43,000
  5.30  Subd. 3.  Criminal Apprehension 
  5.31                Summary by Fund
  5.32  General              17,816,000    16,982,000
  5.33  Special Revenue       2,248,000     2,029,000
  5.34  State Government
  5.35  Special Revenue           7,000         7,000
  5.36  Trunk Highway         1,557,000     1,587,000
  5.37  $100,000 the first year and $100,000 
  5.38  the second year from the Bureau of 
  5.39  Criminal Apprehension account in the 
  5.40  special revenue fund are for grants to 
  5.41  local officials for the cooperative 
  5.42  investigation of cross-jurisdictional 
  5.43  criminal activity.  Any unencumbered 
  5.44  balance remaining in the first year 
  5.45  does not cancel but is available for 
  5.46  the second year. 
  5.47  $408,000 the first year and $409,000 
  6.1   the second year from the Bureau of 
  6.2   Criminal Apprehension account in the 
  6.3   special revenue fund are for laboratory 
  6.4   activities. 
  6.5   Of this appropriation, $175,000 the 
  6.6   first year and $50,000 the second year 
  6.7   are for the Bureau of Criminal 
  6.8   Apprehension to hire an additional 
  6.9   forensic scientist to process arson 
  6.10  evidence samples, to provide the 
  6.11  laboratory instruments and training 
  6.12  needed to process arson evidence 
  6.13  samples, to provide the supporting 
  6.14  equipment and services needed to use 
  6.15  arson evidence sample processing 
  6.16  instruments, and to provide necessary 
  6.17  training and equipment for a polygraph 
  6.18  specialist. 
  6.19  Of this appropriation, $50,000 each 
  6.20  year is to develop a comprehensive 
  6.21  database of information regarding the 
  6.22  activities and characteristics of 
  6.23  criminal gangs and gang members 
  6.24  throughout the state. 
  6.25  The appropriation to hire up to ten 
  6.26  additional special agents for the gang 
  6.27  strike force may not be used to 
  6.28  purchase or lease vehicles. 
  6.29  Subd. 4.  Fire Marshal 
  6.30       2,894,000      2,954,000
  6.31  Subd. 5.  Alcohol and Gambling 
  6.32  Enforcement
  6.33                Summary by Fund
  6.34  General               1,682,000     1,716,000
  6.35  Special Revenue          72,000       -0-
  6.36  Subd. 6.  Crime Victims Services 
  6.37       2,122,000      2,130,000
  6.38  Subd. 7.  Crime Victims Ombudsman 
  6.39         322,000        329,000
  6.40  Subd. 8.  Law Enforcement and       
  6.41  Community Grants 
  6.42       5,590,000      4,185,000
  6.43  The appropriations in this subdivision 
  6.44  are one-time appropriations. 
  6.45  Of this appropriation, $1,000,000 each 
  6.46  year is to provide funding for grants 
  6.47  under Minnesota Statutes, section 
  6.48  299A.62, subdivision 1, clause (2), to 
  6.49  enable local law enforcement agencies 
  6.50  to assign overtime officers to high 
  6.51  crime areas within their 
  6.52  jurisdictions.  Up to four percent each 
  6.53  year is to administer the program. 
  7.1   Of this appropriation, $2,125,000 each 
  7.2   year is for a grant to the criminal 
  7.3   gang oversight council to be used for 
  7.4   the grants authorized in article 8 and 
  7.5   to fund the organization and operation 
  7.6   of the strike force.  The council may 
  7.7   use part of this appropriation to 
  7.8   procure necessary equipment.  However, 
  7.9   the council shall seek to minimize 
  7.10  expenses relating to equipment by 
  7.11  encouraging local entities to 
  7.12  contribute equipment and other support 
  7.13  to the strike force. 
  7.14  $50,000 the first year is for Ramsey 
  7.15  county to continue the special unit 
  7.16  enforcing the state nuisance laws.  
  7.17  $75,000 the first year is for one or 
  7.18  more grants to community-based programs 
  7.19  to conduct research on street gang 
  7.20  culture and, based on this research, 
  7.21  develop effective prevention and 
  7.22  intervention techniques to help youth 
  7.23  avoid or end their street gang 
  7.24  involvement.  Each program receiving a 
  7.25  grant shall provide a report to the 
  7.26  criminal gang oversight council 
  7.27  established in article 8, containing 
  7.28  the following information: 
  7.29  (1) the results of the program's 
  7.30  research on street gang culture; 
  7.31  (2) the program's plans for additional 
  7.32  research on street gang culture, if 
  7.33  any; and 
  7.34  (3) the prevention and intervention 
  7.35  techniques developed by the program. 
  7.36  An interim report must be provided to 
  7.37  the council six months after a program 
  7.38  is awarded a grant.  A final report 
  7.39  must be provided to the council by 
  7.40  February 1, 1999.  A copy of each 
  7.41  report also must be provided to the 
  7.42  commissioner of public safety. 
  7.43  Each program receiving a grant also 
  7.44  must provide information and 
  7.45  recommendations on gang culture to the 
  7.46  criminal gang oversight council and 
  7.47  criminal gang strike force, as 
  7.48  requested by the council or strike 
  7.49  force. 
  7.50  Of this appropriation, $40,000 the 
  7.51  first year shall be transferred as a 
  7.52  grant to a nonprofit organization to be 
  7.53  used to meet one-half of the state 
  7.54  match requirement if the organization 
  7.55  receives federal funding to:  (1) 
  7.56  acquire interactive multimedia 
  7.57  equipment for courtroom presentations 
  7.58  to aid in the prosecution of complex 
  7.59  homicide and child fatality cases; and 
  7.60  (2) retain a forensic pathologist 
  7.61  skilled in making such presentations to 
  7.62  serve as a consultant to prosecutors 
  7.63  statewide for one year.  This grant is 
  8.1   available only if the organization 
  8.2   obtains funds for the remainder of the 
  8.3   state match from other sources. 
  8.4   $200,000 of this appropriation is for 
  8.5   grants to the Council on Black 
  8.6   Minnesotans to continue the program 
  8.7   established in Laws 1996, chapter 408, 
  8.8   article 2, section 13. 
  8.9   $100,000 the first year is for the 
  8.10  continuation of the community-oriented 
  8.11  chemical dependency pilot project 
  8.12  created in Laws 1996, chapter 408, 
  8.13  article 2, section 11.  The 
  8.14  appropriation is available only if 
  8.15  Hennepin county and the city of 
  8.16  Minneapolis together contribute an 
  8.17  equal amount in the form of either 
  8.18  money or resources to fund such 
  8.19  services as:  (1) treatment and 
  8.20  aftercare placements not otherwise 
  8.21  covered by this appropriation; and (2) 
  8.22  the provision of police resources to 
  8.23  expand the pilot program to include 
  8.24  intervention efforts at neighborhood 
  8.25  drug houses. 
  8.26  Of this appropriation, $300,000 the 
  8.27  first year is for grants to local 
  8.28  governmental units that have incurred 
  8.29  costs implementing Minnesota Statutes, 
  8.30  section 244.052 or 244.10, subdivision 
  8.31  2a.  Local governmental units shall 
  8.32  detail the costs they have incurred 
  8.33  along with any other information 
  8.34  required by the commissioner.  The 
  8.35  commissioner shall award grants in a 
  8.36  manner that reimburses local 
  8.37  governmental units demonstrating the 
  8.38  greatest need. 
  8.39  Of this appropriation, $350,000 the 
  8.40  first year is for a grant to the 
  8.41  northwest Hennepin human services 
  8.42  council to administer the northwest 
  8.43  community law enforcement project, to 
  8.44  be available until June 30, 1999.  
  8.45  Of this appropriation, $75,000 the 
  8.46  first year is for grants to the 
  8.47  Hennepin county sheriff's office and 
  8.48  the Minneapolis police department for 
  8.49  implementation of first year costs of 
  8.50  operating the FBI Drugfire computer 
  8.51  program for analyzing bullets and 
  8.52  bullet casings. 
  8.53  Of this appropriation, $1,000,000 the 
  8.54  first year and $1,000,000 the second 
  8.55  year is for weed and seed grants under 
  8.56  Minnesota Statutes, section 299A.63.  
  8.57  Money not expended in the first year is 
  8.58  available for grants during the second 
  8.59  year.  Up to five percent of this 
  8.60  appropriation may be used for 
  8.61  administration and evaluation of the 
  8.62  program. 
  8.63  Of this appropriation, $40,000 the 
  8.64  first year is for purposes of the 
  9.1   firefighter training study committee 
  9.2   created in article 2. 
  9.3   Of this appropriation, $50,000 the 
  9.4   first year is for grants to Hennepin or 
  9.5   Ramsey county to administer the 
  9.6   community service grant pilot project 
  9.7   program created in article 2.  
  9.8   Of this appropriation, $50,000 the 
  9.9   first year is for a grant to assist the 
  9.10  Minneapolis police department in paying 
  9.11  per diem costs of temporary housing for 
  9.12  pretrial and trial detainees outside 
  9.13  the city of Minneapolis.  This 
  9.14  appropriation is available until 
  9.15  expended. 
  9.16  Of this appropriation, $75,000 in the 
  9.17  first year is for the commissioner, in 
  9.18  cooperation with the commissioners of 
  9.19  health and corrections, to provide 
  9.20  education and training to peace 
  9.21  officers and other criminal justice 
  9.22  personnel on early intervention and 
  9.23  reduction of possible HIV 
  9.24  seroconversion for persons who 
  9.25  experience a significant exposure, as 
  9.26  defined in Minnesota Statutes, section 
  9.27  144.761.  A portion of this 
  9.28  appropriation shall be awarded as 
  9.29  grants to professional employers of 
  9.30  emergency medical services personnel as 
  9.31  defined in Minnesota Statutes, section 
  9.32  144.761, subdivision 5, clause (2), to 
  9.33  demonstrate effective education and 
  9.34  training services and procedures for 
  9.35  implementing the protocol described in 
  9.36  Minnesota Statutes, section 144.762. 
  9.37   Subd. 9.  Administration and Related Services
  9.38     ...,-0-,...    ...,-0-,...
  9.39  This appropriation is to be deposited 
  9.40  in the public safety officer's benefit 
  9.41  account.  This money is available for 
  9.42  reimbursements under Minnesota 
  9.43  Statutes, section 299A.465. 
  9.44  Sec. 8.  BOARD OF PRIVATE DETECTIVE 
  9.45  AND PROTECTIVE AGENT SERVICES            130,000        132,000
  9.46  Sec. 9.  BOARD OF PEACE OFFICER 
  9.47  STANDARDS AND TRAINING                 3,581,000      4,339,000
  9.48  This appropriation is from the peace 
  9.49  officers training account in the 
  9.50  special revenue fund.  Any receipts 
  9.51  credited to the peace officer training 
  9.52  account in the special revenue fund in 
  9.53  the first year in excess of $3,581,000 
  9.54  must be transferred and credited to the 
  9.55  general fund.  Any receipts credited to 
  9.56  the peace officer training account in 
  9.57  the special revenue fund in the second 
  9.58  year in excess of $4,339,000 must be 
  9.59  transferred and credited to the general 
  9.60  fund. 
  9.61  Of this appropriation, $30,000 the 
 10.1   first year is from the special revenue 
 10.2   fund for DARE officer training. 
 10.3   Of this appropriation, $850,000 the 
 10.4   second year shall be expended as 
 10.5   follows:  (1) up to $30,000 for 
 10.6   administrative law judge costs; (2) up 
 10.7   to $16,000 for minority recruitment; 
 10.8   (3) up to $10,000 for computer training 
 10.9   and support; (4) up to $30,000 for DARE 
 10.10  officer training; (5) $100,000 for a 
 10.11  law enforcement library at metropolitan 
 10.12  state university; and (6) up to 
 10.13  $664,000 for increased reimbursements 
 10.14  to local law enforcement for the cost 
 10.15  of administering board-approved 
 10.16  continuing education to peace officers. 
 10.17  The commissioner of finance shall 
 10.18  ensure that the base budget for the 
 10.19  2000-2001 fiscal biennium for the POST 
 10.20  board includes the $850,000 each year 
 10.21  that was transferred in fiscal year 
 10.22  1997 from the POST board to the 
 10.23  Minnesota state colleges and 
 10.24  universities system. 
 10.25  Sec. 10.  BOARD OF PUBLIC DEFENSE 
 10.26  Subdivision 1.  Total       
 10.27  Appropriation                         41,277,000     42,228,000
 10.28  None of this appropriation shall be 
 10.29  used to pay for lawsuits against public 
 10.30  agencies or public officials to change 
 10.31  social or public policy.  
 10.32  The amounts that may be spent from this 
 10.33  appropriation for each program are 
 10.34  specified in the following subdivisions.
 10.35  Subd. 2.  State Public      
 10.36  Defender 
 10.37       3,250,000      3,315,000
 10.38  Subd. 3.  Board of Public   
 10.39  Defense  
 10.40         900,000        915,000
 10.41  Subd. 4.  District Public   
 10.42  Defense  
 10.43      37,127,000     37,998,000 
 10.44  $1,014,000 the first year and 
 10.45  $1,040,000 the second year are for 
 10.46  grants to the five existing public 
 10.47  defense corporations under Minnesota 
 10.48  Statutes, section 611.216. 
 10.49  Sec. 11.  CORRECTIONS 
 10.50  Subdivision 1.  Total 
 10.51  Appropriation                        301,797,000    310,666,000
 10.52  The amounts that may be spent from this 
 10.53  appropriation for each program are 
 10.54  specified in the following subdivisions.
 11.1   Any unencumbered balances remaining in 
 11.2   the first year do not cancel but are 
 11.3   available for the second year of the 
 11.4   biennium. 
 11.5   Positions and administrative money may 
 11.6   be transferred within the department of 
 11.7   corrections as the commissioner 
 11.8   considers necessary, upon the advance 
 11.9   approval of the commissioner of finance.
 11.10  For the biennium ending June 30, 1999, 
 11.11  the commissioner of corrections may, 
 11.12  with the approval of the commissioner 
 11.13  of finance, transfer funds to or from 
 11.14  salaries. 
 11.15  The department may use up to $320,000 
 11.16  of dedicated receipts to construct a 
 11.17  new building for Thistledew Camp's new 
 11.18  wilderness endeavors program.  The 
 11.19  building must provide a training and 
 11.20  juvenile dorm area plus storage for a 
 11.21  capacity of ten. 
 11.22  Subd. 2.  Correctional 
 11.23  Institutions  
 11.24     182,490,000    191,498,000
 11.25  The commissioner may expend federal 
 11.26  grant monies in an amount up to 
 11.27  $1,000,000 to supplement the renovation 
 11.28  of the buildings at the Brainerd 
 11.29  regional center for use as a 
 11.30  correctional facility. 
 11.31  Of this appropriation, $100,000 each 
 11.32  year is to expand the fugitive unit. 
 11.33  If the commissioner deems it necessary 
 11.34  to reduce staff positions during the 
 11.35  biennium ending June 30, 1999, the 
 11.36  commissioner must reduce at least the 
 11.37  same percentage of management and 
 11.38  supervisory personnel as line and 
 11.39  support personnel in order to ensure 
 11.40  employee safety, inmate safety, and 
 11.41  facility security. 
 11.42  During the biennium ending June 30, 
 11.43  1999, the commissioner must consider 
 11.44  ways to reduce the per diem in adult 
 11.45  correctional facilities.  As part of 
 11.46  this consideration, the commissioner 
 11.47  must consider reduction in management 
 11.48  and supervisory personnel levels in 
 11.49  addition to line staff levels within 
 11.50  adult correctional institutions, 
 11.51  provided this objective can be 
 11.52  accomplished without compromising 
 11.53  safety and security. 
 11.54  Subd. 3.  Juvenile Services
 11.55      16,624,000     16,762,000 
 11.56  Of this appropriation, $300,000 the 
 11.57  first year is to plan for and establish 
 11.58  a weekend camp program at Camp Ripley 
 11.59  designed for first- or second-time male 
 12.1   juvenile offenders ages 11 to 14.  The 
 12.2   commissioner shall develop eligibility 
 12.3   standards for the program.  The camp 
 12.4   shall be a highly structured program 
 12.5   and teach work skills, such as 
 12.6   responsibility, organization, time 
 12.7   management, and follow-through.  The 
 12.8   juvenile offenders will each develop a 
 12.9   community service plan that will be 
 12.10  implemented upon return to the 
 12.11  community.  The program shall receive 
 12.12  referrals from youth service agencies, 
 12.13  police, school officials, parents, and 
 12.14  the courts.  By January 15, 1998, the 
 12.15  commissioner shall report to the chairs 
 12.16  of the house and senate criminal 
 12.17  justice funding divisions a proposed 
 12.18  budget for this camp program for the 
 12.19  second year of the fiscal biennium and 
 12.20  shall include a description of the 
 12.21  proposed outcomes for the program. 
 12.22  This appropriation also may be used to 
 12.23  conduct planning and evaluation for the 
 12.24  PREPARE program at Red Wing and for 
 12.25  additional camp programs and aftercare 
 12.26  services for juvenile offenders. 
 12.27  Subd. 4.  Community Services 
 12.28      82,563,000     82,310,000 
 12.29  Of this appropriation, $300,000 each 
 12.30  year is for the school-based probation 
 12.31  pilot programs established in article 
 12.32  2.  This is a one-time appropriation. 
 12.33  Of this appropriation, $175,000 each 
 12.34  year is for the Ramsey county enhanced 
 12.35  probation pilot project established in 
 12.36  article 2.  The appropriation may not 
 12.37  be used to supplant law enforcement or 
 12.38  county probation officer positions, or 
 12.39  correctional services or programs.  
 12.40  This is a one-time appropriation. 
 12.41  Of this appropriation, $250,000 the 
 12.42  first year is for the gang intervention 
 12.43  pilot project established in article 
 12.44  2.  This is a one-time appropriation. 
 12.45  Of this appropriation, $175,000 each 
 12.46  year is for grants to local communities 
 12.47  to establish and implement restorative 
 12.48  justice programs in their communities.  
 12.49  As used in this paragraph, "restorative 
 12.50  justice program" means a program that 
 12.51  provides forums where certain 
 12.52  individuals accused of having committed 
 12.53  a crime meet with the victim; the 
 12.54  victim's family members or other 
 12.55  supportive persons, if appropriate; a 
 12.56  law enforcement official or prosecutor 
 12.57  when appropriate; and members of the 
 12.58  community, in order to:  (1) discuss 
 12.59  the impact of the offense on the victim 
 12.60  and the community; (2) assign an 
 12.61  appropriate sanction to the offender; 
 12.62  and (3) provide methods for 
 12.63  reintegrating the offender into the 
 12.64  community when the offender is from the 
 13.1   community.  This is a one-time 
 13.2   appropriation. 
 13.3   Local communities and organizations 
 13.4   that receive grants for or operate 
 13.5   restorative justice programs must make 
 13.6   available all data relating to the 
 13.7   operation of the program, including: 
 13.8   (1) names of adult offenders serving in 
 13.9   the program; (2) hours that each 
 13.10  offender is expected to serve; (3) 
 13.11  total number of hours served by each 
 13.12  offender; (4) locations where service 
 13.13  is performed or is to be performed; and 
 13.14  (5) names of individuals who supervise 
 13.15  offenders in the program.  These 
 13.16  communities and organizations also must 
 13.17  allow interested third parties 
 13.18  reasonable access to observe the 
 13.19  programs in operation.  These programs 
 13.20  also should have clearly established 
 13.21  neighborhood, community, and family 
 13.22  measures of success and must report to 
 13.23  the commissioner with an evaluation of 
 13.24  the program on or before June 30, 1999. 
 13.25  Of this appropriation, $95,000 the 
 13.26  first year is for the Dakota county 
 13.27  family group conferencing pilot project 
 13.28  established in Laws 1996, chapter 408, 
 13.29  article 2, section 9.  This is a 
 13.30  one-time appropriation. 
 13.31  Of this appropriation, $40,000 the 
 13.32  first year is for educational equipment 
 13.33  and training to be used for sex 
 13.34  offender notification meetings by law 
 13.35  enforcement agencies around the state.  
 13.36  This is a one-time appropriation.  
 13.37  All money received by the commissioner 
 13.38  of corrections pursuant to the domestic 
 13.39  abuse investigation fee under Minnesota 
 13.40  Statutes, section 609.2244, shall be 
 13.41  available for use by the commissioner 
 13.42  and is hereby appropriated annually to 
 13.43  the commissioner of corrections for 
 13.44  costs related to conducting the 
 13.45  investigations. 
 13.46  $1,500,000 each year is for an increase 
 13.47  in community corrections act subsidy 
 13.48  funding.  The funding shall be 
 13.49  distributed according to the community 
 13.50  corrections aid formula in Minnesota 
 13.51  Statutes, section 401.10. 
 13.52  In fiscal year 1998 and fiscal year 
 13.53  1999, the commissioner shall distribute 
 13.54  money appropriated for state and county 
 13.55  probation officer workload reduction, 
 13.56  increased supervised release and 
 13.57  probation services, and county 
 13.58  probation officer reimbursement 
 13.59  according to the formula contained in 
 13.60  Minnesota Statutes, section 401.10.  
 13.61  These appropriations may not be used to 
 13.62  supplant existing state or county 
 13.63  probation officer positions or existing 
 13.64  correctional services or programs.  
 13.65  This money is intended to reduce state 
 14.1   and county probation officer workloads 
 14.2   and to increase supervision of 
 14.3   individuals sentenced to probation at 
 14.4   the county level.  This increased 
 14.5   supervision may be accomplished through 
 14.6   a variety of methods, including but not 
 14.7   limited to:  (1) innovative technology 
 14.8   services, such as automated probation 
 14.9   reporting systems and electronic 
 14.10  monitoring; (2) prevention and 
 14.11  diversion programs; (3) 
 14.12  intergovernmental cooperation 
 14.13  agreements between local governments 
 14.14  and appropriate community resources; 
 14.15  and (4) traditional probation program 
 14.16  services. 
 14.17  Of this appropriation, $250,000 shall 
 14.18  be distributed to the 
 14.19  Dodge-Fillmore-Olmsted community 
 14.20  corrections agency and $251,000 shall 
 14.21  be distributed to the Arrowhead 
 14.22  regional corrections agency for use in 
 14.23  a pilot project to expand the agencies' 
 14.24  productive day initiative programs, as 
 14.25  defined in Minnesota Statutes, section 
 14.26  241.275, to include juvenile offenders 
 14.27  who are 16 years of age and older.  
 14.28  This is a one-time appropriation. 
 14.29  Of this appropriation, $700,000 each 
 14.30  year is for grants to the judicial 
 14.31  districts to implement drug court 
 14.32  programs.  Grants must be approved by 
 14.33  the supreme court before any funds are 
 14.34  distributed.  The commissioner may use 
 14.35  a portion of this appropriation as a 
 14.36  grant to Hennepin county for the pilot 
 14.37  juvenile gun education program 
 14.38  described in article 2.  This is a 
 14.39  one-time appropriation. 
 14.40  Of this appropriation, $25,000 the 
 14.41  first year is to complete the 
 14.42  criterion-related cross validation 
 14.43  study authorized in Laws 1995, chapter 
 14.44  226, article 1, section 11, designed to 
 14.45  measure outcomes of placing juveniles 
 14.46  in out-of-home placement programs.  The 
 14.47  study must be completed by January 1, 
 14.48  1998.  This is a one-time appropriation.
 14.49  Before the commissioner uses money that 
 14.50  would otherwise cancel to the general 
 14.51  fund for the court services tracking 
 14.52  system, the proposal for the system 
 14.53  must be reviewed by the criminal and 
 14.54  juvenile justice information policy 
 14.55  group. 
 14.56  Subd. 5.  Crime Victim and
 14.57  Prevention Services
 14.58      10,849,000     10,637,000 
 14.59  Of this appropriation, $75,000 each 
 14.60  year is to provide programs to serve 
 14.61  general crime victims, as described in 
 14.62  Minnesota Statutes, section 611A.361, 
 14.63  subdivision 1, in the counties that do 
 14.64  not have crime prevention service 
 15.1   programs and to provide programs to 
 15.2   under served communities that need 
 15.3   additional assistance.  This is a 
 15.4   one-time appropriation. 
 15.5   Of this appropriation, $100,000 is to 
 15.6   make grants, with the assistance of the 
 15.7   crime victim prevention division, to 
 15.8   organizations or local units of 
 15.9   government providing support services 
 15.10  to women leaving systems of 
 15.11  prostitution.  This is a one-time 
 15.12  appropriation. 
 15.13  Of this appropriation, $75,000 each 
 15.14  year is to fund community advocacy 
 15.15  programs for battered women under 
 15.16  Minnesota Statutes, section 611A.32.  
 15.17  The services to be funded include:  (1) 
 15.18  community-based domestic abuse advocacy 
 15.19  programs in counties currently not 
 15.20  receiving grants from the commissioner; 
 15.21  (2) American Indian battered women 
 15.22  advocacy and support services; and (3) 
 15.23  underfunded community advocacy 
 15.24  programs.  The commissioner must give 
 15.25  priority status to Red Lake, 
 15.26  Clearwater, and Big Stone counties in 
 15.27  distributing the appropriation to 
 15.28  ensure that these counties have 
 15.29  services available to battered women. 
 15.30  $103,000 the first year and $103,000 
 15.31  the second year to provide funding for 
 15.32  one existing battered women's shelter 
 15.33  in Washington county that currently is 
 15.34  not funded; and $104,000 the first year 
 15.35  and $104,000 the second year for one 
 15.36  existing battered women's shelter in 
 15.37  Goodhue county that currently is not 
 15.38  funded. 
 15.39  $25,000 each year is for grants to the 
 15.40  city of St. Paul to provide support 
 15.41  services to the surviving family 
 15.42  members of homicide, suicide, and 
 15.43  accidental death victims.  This is a 
 15.44  one-time appropriation. 
 15.45  Of this appropriation, $55,000 is for 
 15.46  grants to the Hennepin and Ramsey 
 15.47  county attorneys' offices to improve 
 15.48  the education of landlords and tenants 
 15.49  on best practices in the rental 
 15.50  market.  This is a one-time 
 15.51  appropriation. 
 15.52  Of this appropriation, $75,000 the 
 15.53  first year is for the commissioner, in 
 15.54  cooperation with the commissioner of 
 15.55  health and the attorney general, to 
 15.56  provide education and training to 
 15.57  county attorneys, public defenders, 
 15.58  victim advocates, and shelters on early 
 15.59  intervention and reduction of possible 
 15.60  HIV seroconversion for victims of 
 15.61  serious crimes that involve possible 
 15.62  HIV exposure; and in cooperation with 
 15.63  the commissioner of health, to 
 15.64  reimburse health care providers for 
 15.65  counseling, testing, and early 
 16.1   intervention services provided to crime 
 16.2   victims who request the services.  This 
 16.3   is a one-time appropriation. 
 16.4   The commissioner of corrections shall 
 16.5   examine options for implementing a 
 16.6   victim notification system designed to 
 16.7   reduce the probability of further 
 16.8   harassment of the victim.  The 
 16.9   commissioner shall examine the 
 16.10  feasibility of a toll-free call center 
 16.11  to allow victims to obtain information 
 16.12  on the current status and location of 
 16.13  inmates.  By February 1, 1998, the 
 16.14  commissioner shall submit a plan for 
 16.15  implementing a victim notification 
 16.16  system. 
 16.17  Subd. 6.  Management Services  
 16.18       9,271,000      9,459,000
 16.19  Sec. 12.  CORRECTIONS OMBUDSMAN          565,000        580,000
 16.20  Sec. 13.  SENTENCING GUIDELINES 
 16.21  COMMISSION                               395,000        405,000
 16.22  Sec. 14.  DEPARTMENT OF HUMAN
 16.23  RIGHTS      
 16.24  Subdivision 1.  Total
 16.25  Appropriation                          3,763,000      3,790,000 
 16.26  Subd. 2.  Contract Compliance
 16.27         386,000        395,000 
 16.28  Subd. 3.  Complaint Processing
 16.29       2,675,000      2,679,000 
 16.30  Of this appropriation, $50,000 the 
 16.31  first year is for a program for testing 
 16.32  whether the Human Rights Act, Minnesota 
 16.33  Statutes, chapter 363, is being 
 16.34  complied with in the area of rental 
 16.35  housing.  The program must include 
 16.36  tests to determine the frequency of 
 16.37  incidents of racial discrimination.  
 16.38  The department shall report to the 
 16.39  appropriate committees of the 
 16.40  legislature by January 1, 1998, on the 
 16.41  results and effectiveness of the 
 16.42  program.  This is a one-time 
 16.43  appropriation. 
 16.44  Subd. 4.  Management Services and
 16.45  Administration 
 16.46         702,000        716,000 
 16.47  Sec. 15.  UNIFORM LAWS COMMISSION         35,000         36,000 
 16.48  Sec. 16.  ATTORNEY GENERAL               162,000        218,000 
 16.49  Of this appropriation, $70,000 each 
 16.50  year is for a grant to the DARE 
 16.51  advisory council to be used to continue 
 16.52  existing education programs in 
 16.53  elementary schools and to expand the 
 16.54  program into junior and senior high 
 17.1   schools.  This is a one-time 
 17.2   appropriation. 
 17.3   Of this appropriation, $69,000 is a 
 17.4   one-time appropriation to hire law 
 17.5   clerks to assist the attorney general's 
 17.6   office in fulfilling its 
 17.7   responsibilities to the criminal gang 
 17.8   strike force and the arson strike force.
 17.9   Sec. 17.  DEFICIENCY APPROPRIATION
 17.10                Fiscal Year 1997
 17.11  General           1,393,000
 17.12  This appropriation for fiscal year 1997 
 17.13  is added to the appropriation in Laws 
 17.14  1995, chapter 226, article 1, section 
 17.15  7, subdivision 2, to provide matching 
 17.16  funds for federal emergency management 
 17.17  assistance funds received for natural 
 17.18  disaster assistance payments. 
 17.19     Sec. 18.  Laws 1995, chapter 226, article 3, section 60, 
 17.20  subdivision 4, is amended to read: 
 17.21     Subd. 4.  [TIME LINES.] By December 1, 1996, the rulemaking 
 17.22  committee shall submit draft rule parts which address the 
 17.23  program standards, evaluation, and auditing standards and 
 17.24  procedures to the chairs of the senate crime prevention and 
 17.25  house of representatives judiciary committee for review.  ~~By~~ 
 17.26  ~~July 31, 1997, the licensing and programming rulemaking process~~ 
 17.27  ~~shall be completed.~~  By July 1, 1998, the licensing and 
 17.28  programming rule draft shall be completed.  Promulgation of the 
 17.29  draft rule parts, under the provision of Minnesota Statutes, 
 17.30  chapter 14, shall commence immediately thereafter.  In addition, 
 17.31  the commissioner of corrections and commissioner of human 
 17.32  services may develop interpretive guidelines for the licensing 
 17.33  and programming rule. 
 17.34     Sec. 19.  Laws 1996, chapter 408, article 1, section 6, 
 17.35  subdivision 6, is amended to read: 
 17.36  Subd. 6.  Spending Cap                                         
 17.37  ~~General fund spending by the department~~ 
 17.38  ~~of corrections is limited to~~ 
 17.39  ~~$614,000,000 in the biennium ending~~ 
 17.40  ~~June 30, 1999.~~ 
 17.41  The commissioner of corrections shall 
 17.42  prepare and submit to the legislature 
 17.43  by December 1, 1996, a proposal on how 
 17.44  to limit the increase in general fund 
 17.45  appropriations to the department of 
 17.46  corrections from the 1996-1997 biennium 
 18.1   to the 1998-1999 biennium so as not to 
 18.2   exceed the spending cap.  The 
 18.3   commissioner may also submit 
 18.4   alternative proposals to accomplish the 
 18.5   same goal.  The proposal or proposals 
 18.6   must include the commissioner's 
 18.7   recommendations for changes in 
 18.8   administration, programming, staffing, 
 18.9   and community services. 
 18.10     Sec. 20.  [PLAN FOR FUNDING CRIME VICTIM SERVICES.] 
 18.11     The commissioners of the departments of corrections and 
 18.12  public safety will provide a report to the chairs of the house 
 18.13  judiciary finance division and the senate crime prevention and 
 18.14  judiciary finance division by February 1, 1998.  The report will 
 18.15  contain a comprehensive coordinated plan for establishing and 
 18.16  funding statewide services for battered women, sexual assault, 
 18.17  and general crime victims. 
 18.18                             ARTICLE 2
 18.19           CRIME PREVENTION AND COMMUNITY SAFETY PROGRAMS
 18.20     Section 1.  [GANG INTERVENTION SERVICES; PILOT GRANT 
 18.21  PROGRAM.] 
 18.22     Subdivision 1.  [GANG INTERVENTION.] The commissioner of 
 18.23  corrections shall develop and administer a gang intervention 
 18.24  pilot grant program to provide services to young persons who are 
 18.25  interested in terminating their gang affiliation.  This program 
 18.26  shall assist local organizations engaged in helping gang members 
 18.27  separate themselves from their gang affiliation by providing 
 18.28  services to former members of criminal gangs.  The commissioner 
 18.29  shall develop a grant application that specifies the eligibility 
 18.30  criteria for receiving grants and sets a formula for the match 
 18.31  requirement. 
 18.32     Subd. 2.  [ELIGIBILITY FOR GRANTS.] A local organization 
 18.33  must meet the following criteria to be eligible for a grant 
 18.34  under the program: 
 18.35     (1) it must be a private, nonprofit organization or a local 
 18.36  public agency; 
 18.37     (2) it must offer and provide to clients of the program 
 18.38  services to help gang members terminate their affiliation with 
 18.39  gangs, including educational opportunities, job skill 
 18.40  development, life skills, community service, medical services, 
 19.1   and counseling; and 
 19.2      (3) it must provide matching funds or in kind services in 
 19.3   compliance with the formula set by the commissioner of 
 19.4   corrections. 
 19.5      Subd. 3.  [ELIGIBILITY FOR SERVICES.] A person who seeks to 
 19.6   receive services under this section must meet the following 
 19.7   criteria: 
 19.8      (1) at the time the person is accepted into the program, 
 19.9   the person must not be older than 25 years of age or be under 
 19.10  the custody of the commissioner of corrections; 
 19.11     (2) the person must not have received substantially similar 
 19.12  services previously from the grant program or any other publicly 
 19.13  funded program; 
 19.14     (3) the person must be employable, as determined by the 
 19.15  grantee organization; and 
 19.16     (4) the person must agree to comply with all of the program 
 19.17  participation requirements established by the grantee 
 19.18  organization, including performing any required community 
 19.19  service. 
 19.20     Subd. 4.  [REPORT TO LEGISLATURE.] On or before January 15, 
 19.21  1999, the commissioner of corrections shall submit a report to 
 19.22  the legislature evaluating the operating of the pilot grant 
 19.23  program established in this section. 
 19.24     Sec. 2.  [ENHANCED PROBATION PILOT PROJECT; RAMSEY COUNTY.] 
 19.25     Subdivision 1.  [ESTABLISHMENT.] A pilot project is created 
 19.26  in Ramsey county to establish and implement an enhanced 
 19.27  probation law enforcement community partnership program.  This 
 19.28  program will provide intensive monitoring and coordination 
 19.29  between juvenile probation officers, local law enforcement 
 19.30  personnel, and culturally specific community nonprofit agencies 
 19.31  to best deal with juvenile probationers who have committed or 
 19.32  who are at risk to commit violent crimes, especially likely to 
 19.33  involve weapons, and who are associated with gang and drug 
 19.34  activities in Ramsey county.  
 19.35     Subd. 2.  [PILOT PROJECT.] (a) The pilot project is a local 
 19.36  Ramsey county community-based program designed to discourage 
 20.1   young people from involvement in unlawful drug or street gang 
 20.2   activities usually involving violence and weapons.  It will 
 20.3   provide a bridge between the law enforcement, corrections, and 
 20.4   culturally specific community-based programs designed to provide 
 20.5   a more intensive intervention, including during evenings and 
 20.6   weekends, effort with juvenile offenders on probation who are 
 20.7   identified as likely to engage in repeated criminal activity in 
 20.8   the future unless intervention is undertaken through intensive 
 20.9   surveillance, accountable consequences for probation violations, 
 20.10  and the use of culturally sensitive treatment programs that are 
 20.11  innovative and that encourage substantial involvement by members 
 20.12  of the community served by the program. 
 20.13     (b) This is a pilot project for Ramsey county, the city of 
 20.14  St. Paul, and other local law enforcement agencies along with 
 20.15  nonprofit community-based entities who may apply for a grant by 
 20.16  submitting an application to Ramsey county for a portion of the 
 20.17  state funding. 
 20.18     (c) The applicant nonprofit community-based entities must 
 20.19  specify the following in their applications: 
 20.20     (1) a description of each program for which funding is 
 20.21  sought; 
 20.22     (2) intended outcomes and performance indicators for the 
 20.23  program; 
 20.24     (3) a description of the planning process that identifies 
 20.25  local community needs, surveys existing programs, provides for 
 20.26  coordination with existing programs, and involves all affected 
 20.27  sectors of the community; 
 20.28     (4) the geographical area to be served by the program; and 
 20.29     (5) the cultural specific group to be served. 
 20.30     Subd. 3.  [REPORT ON PILOT PROJECT.] Ramsey county shall 
 20.31  provide a summary of how the grant funds are spent and the 
 20.32  extent to which the objectives of the program are achieved.  The 
 20.33  summary is to be submitted to the chairs of the committees of 
 20.34  the senate and house of representatives with jurisdiction over 
 20.35  criminal justice policy and funding of crime prevention 
 20.36  programs, by March 1 each year, based on the information 
 21.1   provided by applicants under this subdivision and the results of 
 21.2   the enforcement efforts of the joint police-probation officer 
 21.3   teams. 
 21.4      Sec. 3.  [PILOT PROJECT FOR SCHOOL-BASED PROBATION IN 
 21.5   DAKOTA AND ANOKA COUNTIES.] 
 21.6      Subdivision 1.  [PILOT PROJECT ESTABLISHED.] By July 1, 
 21.7   1997, the commissioner of corrections shall establish 
 21.8   school-based probation pilot projects in Dakota and Anoka 
 21.9   counties. 
 21.10     Subd. 2.  [PROGRAM DESIGN AND IMPLEMENTATION.] Dakota and 
 21.11  Anoka counties shall each select one middle or junior high 
 21.12  school and one high school to participate in the school-based 
 21.13  probation pilot project.  Each county may select one additional 
 21.14  middle, junior high, or high school for a total of no more than 
 21.15  three schools in each county.  Each county shall select as 
 21.16  participating schools those schools which are able to provide 
 21.17  necessary support for the program, such as office space, access 
 21.18  to the building during nonschool hours, and a willingness to 
 21.19  develop alternative disciplinary responses.  Each school-based 
 21.20  probation program established shall contain a probation officer 
 21.21  located at the school who is available to help the school 
 21.22  address behavioral incidents in the school by probationers.  The 
 21.23  probation officer shall help in:  
 21.24     (1) conducting cognitive/behavioral group sessions along 
 21.25  with school personnel providing cofacilitation assistance; 
 21.26     (2) developing and administering alternatives to school 
 21.27  discipline actions such as suspension, which may include 
 21.28  mediation, community service, or home confinement; 
 21.29     (3) working more closely with the school and communicating 
 21.30  with and engaging the family's support of the juvenile's school 
 21.31  work and behavior; and 
 21.32     (4) referring and brokering with other schools' services to 
 21.33  align the probationer and the probationer's family with needed 
 21.34  services. 
 21.35     Subd. 3.  [DATA PRACTICES.] Data created, collected, used, 
 21.36  or maintained by school-based probation officers and school 
 22.1   officials participating in this pilot project are private data 
 22.2   on individuals as defined in Minnesota Statutes, section 13.02, 
 22.3   subdivision 12, and may be disseminated among personnel working 
 22.4   with the school-based probation project and as follows: 
 22.5      (1) pursuant to Minnesota Statutes, section 13.05; 
 22.6      (2) pursuant to a valid court order; 
 22.7      (3) pursuant to a statute specifically authorizing access 
 22.8   to the private data; 
 22.9      (4) as allowed in Code of Federal Regulations, title 34, 
 22.10  part 99; or 
 22.11     (5) within the participating school district or educational 
 22.12  entity as necessary to protect persons or property or to address 
 22.13  the educational and other needs of students. 
 22.14     Subd. 4.  [REPORT REQUIRED.] By January 15, 1999, the 
 22.15  commissioner of corrections shall report to the chairs of the 
 22.16  senate and house of representatives committees having 
 22.17  jurisdiction over criminal justice policy on the effectiveness 
 22.18  of the pilot project and any school-based probation programs 
 22.19  created under this section.  The report shall address the 
 22.20  effectiveness of the pilot project by measuring reduction in 
 22.21  school suspensions, improvement in grades, reduction of truant 
 22.22  behavior, reduction in number and severity of delinquent 
 22.23  behaviors, increase in number who return to school, and increase 
 22.24  in number who succeed in school. 
 22.25     Sec. 4.  [WORKING GROUP ON RESTITUTION.] 
 22.26     Subdivision 1.  [CREATION; DUTIES.] A working group is 
 22.27  created to study methods to improve the collection of 
 22.28  restitution and the enforcement of restitution orders for repeat 
 22.29  offenders.  The working group must consider the feasibility of: 
 22.30     (1) incarcerating offenders who have been convicted two or 
 22.31  more times of committing an offense for which restitution to a 
 22.32  victim, as defined in Minnesota Statutes, section 611A.01, or to 
 22.33  society is owed or should be paid, including but not limited to 
 22.34  violations of Minnesota Statutes, sections 169.121 (DWI) or 
 22.35  169.129 (aggravated DWI); 609.375 (nonpayment of child support); 
 22.36  609.52 (theft); 609.561 to 609.563 (arson); or 609.582 
 23.1   (burglary); 
 23.2      (2) requiring these inmates to work at a fair market wage; 
 23.3   and 
 23.4      (3) enabling inmates to first pay restitution to their 
 23.5   victims, after satisfying any outstanding or ongoing child 
 23.6   support or spousal maintenance obligations, and secondly, to pay 
 23.7   the operating costs of their confinement, including the costs of 
 23.8   any privileges, treatment, or services received by the inmates 
 23.9   in the facility. 
 23.10     Subd. 2.  [MEMBERSHIP.] The working group consists of the 
 23.11  following 14 members: 
 23.12     (1) the commissioner of corrections or the commissioner's 
 23.13  designee; 
 23.14     (2) two district court judges appointed by the chief 
 23.15  justice, one from the metropolitan area, and one from outside 
 23.16  the metropolitan area; 
 23.17     (3) the ombudsman for crime victims; 
 23.18     (4) the ombudsman for corrections; 
 23.19     (5) a representative of the Minnesota association of 
 23.20  community corrections act counties; 
 23.21     (6) a representative of the Minnesota association of county 
 23.22  probation officers; 
 23.23     (7) two members of the house of representatives appointed 
 23.24  by the speaker, and two members of the senate appointed by the 
 23.25  subcommittee on committees.  These appointments must be made in 
 23.26  a manner that ensures a fair representation of viewpoints on 
 23.27  business and labor issues; 
 23.28     (8) one crime victim; 
 23.29     (9) one representative of the business community appointed 
 23.30  by the commissioner of corrections after consultation with the 
 23.31  Minnesota business partnership and the Minnesota chamber of 
 23.32  commerce; and 
 23.33     (10) one representative of labor unions appointed by the 
 23.34  commissioner of corrections after consultation with public and 
 23.35  private labor organizations from the affiliated membership of 
 23.36  the Minnesota AFL-CIO. 
 24.1      The commissioner of corrections or the commissioner's 
 24.2   designee shall chair and provide necessary staff support to the 
 24.3   task force. 
 24.4      Subd. 3.  [ADDITIONAL DUTIES.] (a) The working group shall 
 24.5   study the feasibility of and develop recommendations concerning 
 24.6   guidelines for sentencing courts to use when sentencing 
 24.7   offenders to incarceration and when ordering offenders to pay 
 24.8   restitution to crime victims or to the public. 
 24.9      (b) The working group shall investigate whether it would be 
 24.10  feasible for the state to enter into a long-term contract with 
 24.11  one or more business entities under which the business entity 
 24.12  would employ inmates at a fair market wage.  The commissioner of 
 24.13  corrections would ensure that inmates use the wages they earn to 
 24.14  pay restitution to their victims according to restitution 
 24.15  guidelines approved by the legislature, and to pay the costs of 
 24.16  their confinement.  Based on this investigation, the working 
 24.17  group shall make recommendations to the legislature by February 
 24.18  1, 1998, regarding the type of business entity or entities with 
 24.19  which the state could contract to operate an industry program. 
 24.20     (c) The working group shall examine current methods of 
 24.21  collecting restitution and determine whether there are better 
 24.22  ways of collecting restitution and enforcing restitution orders 
 24.23  within the current criminal justice system. 
 24.24     Sec. 5.  [PILOT PROGRAM; JUVENILE GUN OFFENDERS.] 
 24.25     A pilot program is established in Hennepin county for 
 24.26  juveniles who are found delinquent for illegally possessing a 
 24.27  pistol.  Under this pilot program, judges may order that these 
 24.28  juveniles be committed to a local county correctional facility 
 24.29  for not less than 30 days, and that 23 days of this commitment 
 24.30  be stayed on condition that the juvenile reside in a juvenile 
 24.31  correctional facility for at least seven days and successfully 
 24.32  complete a 40-hour course on gun education provided by the 
 24.33  facility.  The court must revoke the stay of commitment if the 
 24.34  juvenile fails to complete the gun education course.  The county 
 24.35  shall submit a report to the legislature by January 1, 1999, 
 24.36  evaluating the pilot program. 
 25.1      Sec. 6.  [COMMUNITY SERVICE GRANT PILOT PROJECT.] 
 25.2      Hennepin and Ramsey counties shall each establish and 
 25.3   administer a pilot project grant program to fund community-based 
 25.4   programs in high-crime areas that provide opportunities for 
 25.5   children under age 16 to volunteer for and perform community 
 25.6   service.  Programs qualifying for grants must encourage good 
 25.7   citizenship and discourage participating children from engaging 
 25.8   in illegal activities or associating with criminal gangs.  
 25.9   Programs receiving grants may provide children who perform 
 25.10  community service with appropriate nonmonetary rewards 
 25.11  including, but not limited to, partial scholarships for 
 25.12  post-secondary education, gift certificates, tickets for 
 25.13  entertainment, parties, and group outings. 
 25.14     Hennepin and Ramsey counties shall establish criteria, 
 25.15  which must include the following, for determining the 
 25.16  community-based programs eligible for grants: 
 25.17     (1) have a broad network of established economic and social 
 25.18  relationships within the community and with local governmental 
 25.19  units; 
 25.20     (2) represent a broad range of diversity; 
 25.21     (3) have demonstrated an ability to administer 
 25.22  community-based programs and have a history of successful 
 25.23  community organizing; 
 25.24     (4) have a proven history of properly supervising and 
 25.25  successfully interacting with juveniles; and 
 25.26     (5) have demonstrated an ability to work with schools and 
 25.27  parents of juveniles. 
 25.28     Sec. 7.  [FIREFIGHTER TRAINING STUDY COMMITTEE.] 
 25.29     Subdivision 1.  [MEMBERSHIP; CHAIR.] (a) The firefighter 
 25.30  training study committee consists of: 
 25.31     (1) two representatives of the Minnesota state fire chiefs 
 25.32  association, appointed by the president of the association; 
 25.33     (2) two representatives of the Minnesota professional 
 25.34  firefighters, appointed by the president of the organization; 
 25.35     (3) two representatives of the Minnesota state fire 
 25.36  department association, appointed by the president of the 
 26.1   organization; 
 26.2      (4) two representatives of the league of Minnesota cities, 
 26.3   appointed by the president of the league; 
 26.4      (5) the director of the Minnesota state colleges and 
 26.5   universities FIRE/EMS center, or the director's designee; 
 26.6      (6) a public member, appointed by the governor; 
 26.7      (7) an employee of the department of labor and industry 
 26.8   whose responsibilities include fire-related occupational safety 
 26.9   and health activities, appointed by the commissioner of labor 
 26.10  and industry; 
 26.11     (8) the commissioner of public safety or the commissioner's 
 26.12  designee; 
 26.13     (9) two members of the house of representatives, one from 
 26.14  each caucus; one representing a district within the metropolitan 
 26.15  area as defined in Minnesota Statutes, section 473.121, 
 26.16  subdivision 2, and the other representing a district outside the 
 26.17  metropolitan area, appointed by the speaker; and 
 26.18     (10) two members of the senate, one from each caucus; one 
 26.19  representing a district within the metropolitan area as defined 
 26.20  in Minnesota Statutes, section 473.121, subdivision 2, and the 
 26.21  other representing a district outside the metropolitan area, 
 26.22  appointed by the subcommittee on committees of the committee on 
 26.23  rules and administration. 
 26.24     (b) The committee shall elect a chair from the voting 
 26.25  members. 
 26.26     Subd. 2.  [ADMINISTRATIVE SUPPORT.] The commissioner of 
 26.27  public safety shall provide necessary administrative and staff 
 26.28  support to the committee. 
 26.29     Subd. 3.  [COMPENSATION.] Committee members who are not 
 26.30  public officials or employees are entitled to reimbursement for 
 26.31  expenses in accordance with Minnesota Statutes, section 15.059, 
 26.32  subdivision 6.  Legislative members are entitled to compensation 
 26.33  in accordance with rules of the house of representatives and the 
 26.34  senate. 
 26.35     Subd. 4.  [DUTIES.] (a) The committee shall: 
 26.36     (1) review findings and recommendations of the joint 
 27.1   advisory training committee formed by the Minnesota state fire 
 27.2   department association, the Minnesota state fire chiefs 
 27.3   association, and the Minnesota professional firefighters; 
 27.4      (2) conduct further study of firefighter training needs and 
 27.5   options; 
 27.6      (3) consider current funding for firefighter training, 
 27.7   determine any need for additional funding, and recommend 
 27.8   possible sources of the funding; 
 27.9      (4) consider the current delivery system for firefighter 
 27.10  training, including statewide coordinating of training, and any 
 27.11  needed improvements; 
 27.12     (5) consider the selection and evaluation of training 
 27.13  instructors and any needed improvements; 
 27.14     (6) study levels of service delivery and any need for 
 27.15  standardized training; 
 27.16     (7) consider federal and state laws and standards that 
 27.17  affect firefighter training; 
 27.18     (8) determine a fair system for reimbursing local 
 27.19  jurisdictions for training programs; and 
 27.20     (9) consider the need for centralized administrative 
 27.21  direction of training programs. 
 27.22     (b) The committee shall conduct at least three, but no more 
 27.23  than five, public meetings around the state to gather public 
 27.24  input relevant to paragraph (a).  Before submitting the report 
 27.25  required by subdivision 5, the committee shall prepare and 
 27.26  disseminate a draft report and seek public comment on it.  A 
 27.27  record of comment received must be kept and submitted along with 
 27.28  the report required by subdivision 5. 
 27.29     Subd. 5.  [REPORT.] The committee shall submit a report and 
 27.30  its recommendations to the legislature by February 1, 1998.  The 
 27.31  report must identify any changes in statutes required to 
 27.32  implement the committee's recommendations.  The committee 
 27.33  expires upon submission of the report. 
 27.34     Subd. 6.  [LOCAL COOPERATION.] Local government units shall 
 27.35  cooperate with the committee in the preparation of the report 
 27.36  required by subdivision 5. 
 28.1                              ARTICLE 3
 28.2                       GENERAL CRIME PROVISIONS
 28.3      Section 1.  Minnesota Statutes 1996, section 169.20, 
 28.4   subdivision 5, is amended to read: 
 28.5      Subd. 5.  [EMERGENCY VEHICLE.] (a) Upon the immediate 
 28.6   approach of an authorized emergency vehicle equipped with at 
 28.7   least one lighted lamp exhibiting red light visible under normal 
 28.8   atmospheric conditions from a distance of 500 feet to the front 
 28.9   of such vehicle and, except where otherwise not required by law, 
 28.10  when the driver is giving audible signal by siren, the driver of 
 28.11  each other vehicle shall yield the right-of-way and shall 
 28.12  immediately drive to a position parallel to and as close as 
 28.13  possible to the right-hand edge or curb of the highway clear of 
 28.14  any intersection, and shall stop and remain in this position 
 28.15  until the authorized emergency vehicle has passed, except when 
 28.16  otherwise directed by a police officer.  The driver of another 
 28.17  vehicle on a one-way roadway shall drive to the closest edge or 
 28.18  curb and stop.  The driver of an authorized emergency vehicle 
 28.19  escorting the movement of a vehicle or load which is oversize or 
 28.20  overweight need not sound an audible signal by siren but shall 
 28.21  exhibit the light required by this paragraph.  The driver of 
 28.22  each other vehicle then shall yield the right-of-way, as 
 28.23  required by this paragraph, to the emergency vehicle escorting 
 28.24  the vehicle or load which is oversize or overweight. 
 28.25     (b) Upon the approach of an authorized emergency vehicle 
 28.26  the driver of each street car and the operator of each trackless 
 28.27  trolley car shall immediately stop such car clear of any 
 28.28  intersection and keep it in this position and keep the doors and 
 28.29  gates of the street car or trackless trolley car closed until 
 28.30  the authorized emergency vehicle has passed, except when 
 28.31  otherwise directed by a police officer. 
 28.32     (c) A peace officer may arrest the driver of a motor 
 28.33  vehicle if the peace officer has probable cause to believe that 
 28.34  the driver has operated the vehicle in violation of paragraph 
 28.35  (a) within the four-hour period following the termination of the 
 28.36  emergency incident. 
 29.1      (d) This subdivision shall not operate to relieve the 
 29.2   driver of an authorized emergency vehicle from the duty to drive 
 29.3   with due regard for the safety of persons using the highways. 
 29.4      Sec. 2.  Minnesota Statutes 1996, section 169.797, 
 29.5   subdivision 3, is amended to read: 
 29.6      Subd. 3.  [VIOLATION BY DRIVER.] Any ~~other~~ person who 
 29.7   operates a vehicle upon a public highway, street, or road in 
 29.8   this state who knows or has reason to know that the owner does 
 29.9   not have security complying with the terms of section 65B.48 in 
 29.10  full force and effect is guilty of a crime and shall be 
 29.11  sentenced as provided in subdivision 4. 
 29.12     Sec. 3.  Minnesota Statutes 1996, section 388.23, 
 29.13  subdivision 1, is amended to read: 
 29.14     Subdivision 1.  [AUTHORITY.] The county attorney, or any 
 29.15  deputy or assistant county attorney whom the county attorney 
 29.16  authorizes in writing, has the authority to subpoena and require 
 29.17  the production of any records of telephone companies, cellular 
 29.18  phone companies, paging companies, the names and addresses of 
 29.19  subscribers of private computer networks including Internet 
 29.20  service providers or computer bulletin board systems, electric 
 29.21  companies, gas companies, water utilities, chemical suppliers, 
 29.22  hotels and motels, pawn shops, airlines, buses, taxis, and other 
 29.23  entities engaged in the business of transporting people, and 
 29.24  freight companies, warehousing companies, self-service storage 
 29.25  facilities, package delivery companies, and other entities 
 29.26  engaged in the businesses of transport, storage, or delivery, 
 29.27  and records of the existence of safe deposit box account numbers 
 29.28  and customer savings and checking account numbers maintained by 
 29.29  financial institutions and safe deposit companies, insurance 
 29.30  records relating to the monetary payment or settlement of 
 29.31  claims, and wage and employment records of an applicant or 
 29.32  recipient of public assistance who is the subject of a welfare 
 29.33  fraud investigation relating to eligibility information for 
 29.34  public assistance programs.  Subpoenas may only be issued for 
 29.35  records that are relevant to an ongoing legitimate law 
 29.36  enforcement investigation.  Administrative subpoenas may only be 
 30.1   issued in welfare fraud cases if there is probable cause to 
 30.2   believe a crime has been committed.  This provision applies only 
 30.3   to the records of business entities and does not extend to 
 30.4   private individuals or their dwellings.  Subpoenas may only be 
 30.5   served by peace officers as defined by section 626.84, 
 30.6   subdivision 1, paragraph (c). 
 30.7      Sec. 4.  Minnesota Statutes 1996, section 609.101, 
 30.8   subdivision 5, is amended to read: 
 30.9      Subd. 5.  [WAIVER PROHIBITED; REDUCTION AND INSTALLMENT 
 30.10  PAYMENTS.] (a) The court may not waive payment of the minimum 
 30.11  fine, surcharge, or assessment required by this section.  ~~The~~ 
 30.12  ~~court may reduce the amount of the minimum fine, surcharge, or~~ 
 30.13  ~~assessment~~ 
 30.14     (b) If the defendant qualifies for the services of a public 
 30.15  defender or the court ~~makes written findings~~ finds on the record 
 30.16  that the convicted person is indigent or that immediate payment 
 30.17  of the fine, surcharge, or assessment would create undue 
 30.18  hardship for the convicted person or that person's immediate 
 30.19  family, the court may reduce the amount of the minimum fine to 
 30.20  not less than $50.  
 30.21     (c) The court also may authorize payment of the fine, 
 30.22  surcharge, or assessment in installments. 
 30.23     Sec. 5.  Minnesota Statutes 1996, section 609.135, 
 30.24  subdivision 1, is amended to read: 
 30.25     Subdivision 1.  [TERMS AND CONDITIONS.] (a) Except when a 
 30.26  sentence of life imprisonment is required by law, or when a 
 30.27  mandatory minimum sentence is required by section 609.11, any 
 30.28  court may stay imposition or execution of sentence and: 
 30.29     ~~(a)~~ (1) may order intermediate sanctions without placing 
 30.30  the defendant on probation~~,~~; or 
 30.31     ~~(b)~~ (2) may place the defendant on probation with or 
 30.32  without supervision and on the terms the court prescribes, 
 30.33  including intermediate sanctions when practicable.  The court 
 30.34  may order the supervision to be under the probation officer of 
 30.35  the court, or, if there is none and the conviction is for a 
 30.36  felony or gross misdemeanor, by the commissioner of corrections, 
 31.1   or in any case by some other suitable and consenting person.  No 
 31.2   intermediate sanction may be ordered performed at a location 
 31.3   that fails to observe applicable requirements or standards of 
 31.4   chapter 181A or 182, or any rule promulgated under them.  
 31.5      (b) For purposes of this subdivision, subdivision 6, and 
 31.6   section 609.14, the term "intermediate sanctions" includes but 
 31.7   is not limited to incarceration in a local jail or workhouse, 
 31.8   home detention, electronic monitoring, intensive probation, 
 31.9   sentencing to service, reporting to a day reporting center, 
 31.10  chemical dependency or mental health treatment or counseling, 
 31.11  restitution, fines, day-fines, community work service, work 
 31.12  service in a restorative justice program, work in lieu of or to 
 31.13  work off fines and, with the victim's consent, work in lieu of 
 31.14  or to work off restitution.  
 31.15     (c) A court may not stay the revocation of the driver's 
 31.16  license of a person convicted of violating the provisions of 
 31.17  section 169.121. 
 31.18     Sec. 6.  Minnesota Statutes 1996, section 609.135, is 
 31.19  amended by adding a subdivision to read: 
 31.20     Subd. 2a.  [TOLLING OF STAY OF SENTENCE.] (a) When a court: 
 31.21     (1) sentences a defendant to serve an executed felony 
 31.22  sentence consecutively to a stayed felony sentence; or 
 31.23     (2) sentences a defendant to multiple, consecutive, stayed 
 31.24  felony sentences and subsequently revokes one of the stays of 
 31.25  sentence under section 609.14; 
 31.26  the running of the stay of sentence of the unexecuted sentence 
 31.27  shall be tolled while the defendant serves the executed 
 31.28  sentence.  The running of the stay of sentence shall recommence 
 31.29  when the defendant is discharged from the executed sentence. 
 31.30     (b) The defendant is not entitled to credit against the 
 31.31  stayed sentence for time served in confinement during the 
 31.32  consecutive executed sentence. 
 31.33     Sec. 7.  Minnesota Statutes 1996, section 609.135, 
 31.34  subdivision 7, is amended to read: 
 31.35     Subd. 7.  [DEMAND OF EXECUTION OF SENTENCE.] An offender 
 31.36  may not demand execution of sentence in lieu of a stay of 
 32.1   imposition or execution of sentence ~~if the offender will serve~~ 
 32.2   ~~less than nine months at the state institution.  This~~ 
 32.3   ~~subdivision does not apply to an offender who will be serving~~ 
 32.4   ~~the sentence consecutively or concurrently with a previously~~ 
 32.5   ~~imposed executed felony sentence~~ or in lieu of the tolling of a 
 32.6   stay of sentence under subdivision 2a.  
 32.7      Sec. 8.  Minnesota Statutes 1996, section 609.15, 
 32.8   subdivision 1, is amended to read: 
 32.9      Subdivision 1.  [CONCURRENT, CONSECUTIVE SENTENCES; 
 32.10  SPECIFICATION REQUIREMENT.] (a) When separate sentences of 
 32.11  imprisonment are imposed on a defendant for two or more crimes, 
 32.12  whether charged in a single indictment or information or 
 32.13  separately, or when a person who is under sentence of 
 32.14  imprisonment in this state is being sentenced to imprisonment 
 32.15  for another crime committed prior to or while subject to such 
 32.16  former sentence, the court in the later sentences shall specify 
 32.17  whether the sentences shall run concurrently or consecutively.  
 32.18  If the court does not so specify, the sentences shall run 
 32.19  concurrently.  
 32.20     (b) When a court imposes sentence for a misdemeanor or 
 32.21  gross misdemeanor offense, and specifies that the sentence shall 
 32.22  run consecutively to any other sentence, the court may order the 
 32.23  defendant to serve time in custody for the consecutive sentence 
 32.24  in addition to any time in custody the defendant may be serving 
 32.25  for any other offense, including probationary jail time or 
 32.26  imprisonment for any felony offense. 
 32.27     Sec. 9.  [609.153] [INCREASED PENALTIES FOR CERTAIN 
 32.28  MISDEMEANORS.] 
 32.29     Subdivision 1.  [APPLICATION.] This section applies to the 
 32.30  following misdemeanor-level crimes:  sections 609.324 
 32.31  (prostitution); 609.546 (motor vehicle tampering); 609.595 
 32.32  (damage to property); and 609.66 (dangerous weapons); and 
 32.33  violations of local ordinances in cities of the first class 
 32.34  prohibiting the unlawful sale or possession of controlled 
 32.35  substances. 
 32.36     Subd. 2.  [CUSTODIAL ARREST.] Notwithstanding Rule 6.01 of 
 33.1   the Rules of Criminal Procedure, a peace officer acting without 
 33.2   a warrant who has decided to proceed with the prosecution of a 
 33.3   person for committing a crime described in subdivision 1, may 
 33.4   arrest and take the person into custody if the officer has 
 33.5   reason to believe the person has a prior conviction for any 
 33.6   crime described in subdivision 1. 
 33.7      Subd. 3.  [INCREASED PENALTY.] Notwithstanding the 
 33.8   statutory maximum penalty otherwise applicable to the offense, a 
 33.9   person who commits a misdemeanor-level crime described in 
 33.10  subdivision 1 is guilty of a gross misdemeanor if the court 
 33.11  determines at the time of sentencing that the person has two or 
 33.12  more prior convictions in this or any other state for any of the 
 33.13  crimes described in subdivision 1. 
 33.14     Subd. 4.  [NOTICE TO COMPLAINING WITNESS.] A prosecuting 
 33.15  authority who is responsible for filing charges against or 
 33.16  prosecuting a person arrested under the circumstances described 
 33.17  in subdivision 2 shall make reasonable efforts to notify the 
 33.18  complaining witness of the final outcome of the criminal 
 33.19  proceeding that resulted from the arrest including, where 
 33.20  appropriate, the decision to dismiss or not file charges against 
 33.21  the arrested person. 
 33.22     Sec. 10.  Minnesota Statutes 1996, section 609.221, is 
 33.23  amended to read: 
 33.24     609.221 [ASSAULT IN THE FIRST DEGREE.] 
 33.25     Subdivision 1.  [GREAT BODILY HARM.] Whoever assaults 
 33.26  another and inflicts great bodily harm may be sentenced to 
 33.27  imprisonment for not more than 20 years or to payment of a fine 
 33.28  of not more than $30,000, or both.  
 33.29     Subd. 2.  [USE OF DEADLY FORCE AGAINST PEACE OFFICER OR 
 33.30  CORRECTIONAL EMPLOYEE.] (a) Notwithstanding the provisions of 
 33.31  sections 609.11 and 609.135, whoever assaults a peace officer or 
 33.32  an employee of a correctional facility, as defined in section 
 33.33  241.021, by using or attempting to use deadly force against the 
 33.34  officer or employee while the officer or employee is engaged in 
 33.35  the performance of a duty imposed by law, policy, or rule, shall 
 33.36  be sentenced to imprisonment for not less than ten years nor 
 34.1   more than 20 years and, in addition, may be sentenced to payment 
 34.2   of a fine of not more than $30,000. 
 34.3      (b) As used in this subdivision: 
 34.4      (1) "deadly force" has the meaning given in section 
 34.5   609.066, subdivision 1; and 
 34.6      (2) "peace officer" has the meaning given in section 
 34.7   626.84, subdivision 1.  
 34.8      Sec. 11.  Minnesota Statutes 1996, section 609.2231, is 
 34.9   amended by adding a subdivision to read: 
 34.10     Subd. 7.  [DEPARTMENT OF HUMAN SERVICE EMPLOYEES.] An 
 34.11  assault committed against an employee of the department of human 
 34.12  services is a gross misdemeanor when: 
 34.13     (1) the assault is committed while the employee is engaged 
 34.14  in the performance of a duty mandated by law, court order, or 
 34.15  ordinance; 
 34.16     (2) the assailant knows the victim is an employee of the 
 34.17  department of human services engaged in the performance of 
 34.18  official public duties; 
 34.19     (3) the assault results in demonstrable bodily harm; and 
 34.20     (4) the assailant is under commitment or being evaluated 
 34.21  for commitment as: 
 34.22     (a) a person mentally ill and dangerous to the public as 
 34.23  defined in section 253B.02, subdivision 17; 
 34.24     (b) a sexual psychopathic personality as defined in section 
 34.25  253B.02, subdivision 18a; or 
 34.26     (c) a sexually dangerous person as defined in section 
 34.27  253B.02, subdivision 18b. 
 34.28     Sec. 12.  Minnesota Statutes 1996, section 609.2245, 
 34.29  subdivision 2, is amended to read: 
 34.30     Subd. 2.  [PERMITTED ACTIVITIES.] A surgical procedure is 
 34.31  not a violation of subdivision 1 if the procedure: 
 34.32     (1) is necessary to the health of the person on whom it is 
 34.33  performed and is performed by:  (i) a physician licensed under 
 34.34  chapter 147 ~~or~~; (ii) a physician in training under the 
 34.35  supervision of a licensed physician; or (iii) a certified nurse 
 34.36  midwife practicing within the nurse midwife's legal scope of 
 35.1   practice; or 
 35.2      (2) is performed on a person who is in labor or who has 
 35.3   just given birth and is performed for medical purposes connected 
 35.4   with that labor or birth:  (i) by a physician licensed under 
 35.5   chapter 147 ~~or~~; (ii) a physician in training under the 
 35.6   supervision of a licensed physician; or (iii) a certified nurse 
 35.7   midwife practicing within the nurse midwife's legal scope of 
 35.8   practice. 
 35.9      Sec. 13.  [609.2336] [DECEPTIVE OR UNFAIR TRADE PRACTICES; 
 35.10  ELDERLY OR HANDICAPPED VICTIMS.] 
 35.11     Subdivision 1.  [DEFINITIONS.] As used in this section: 
 35.12     (1) "charitable solicitation law violation" means a 
 35.13  violation of sections 309.50 to 309.61; 
 35.14     (2) "consumer fraud law violation" means a violation of 
 35.15  sections 325F.68 to 325F.70; 
 35.16     (3) "deceptive trade practices law violation" means a 
 35.17  violation of sections 325D.43 to 325D.48; 
 35.18     (4) "false advertising law violation" means a violation of 
 35.19  section 325F.67; 
 35.20     (5) "handicapped person" means a person who has an 
 35.21  impairment of physical or mental function or emotional status 
 35.22  that substantially limits one or more major life activities; 
 35.23     (6) "major life activities" means functions such as caring 
 35.24  for oneself, performing manual tasks, walking, seeing, hearing, 
 35.25  speaking, breathing, learning, and working; and 
 35.26     (7) "senior citizen" means a person who is 62 years of age 
 35.27  or older. 
 35.28     Subd. 2.  [CRIME.] It is a gross misdemeanor for any person 
 35.29  to commit a charitable solicitation law violation, a consumer 
 35.30  fraud law violation, a deceptive trade practices law violation, 
 35.31  or a false advertising law violation if the person knows or has 
 35.32  reason to know that the person's conduct: 
 35.33     (1) is directed at one or more handicapped persons or 
 35.34  senior citizens; and 
 35.35     (2) will cause or is likely to cause a handicapped person 
 35.36  or a senior citizen to suffer loss or encumbrance of a primary 
 36.1   residence, principal employment or other major source of income, 
 36.2   substantial loss of property set aside for retirement or for 
 36.3   personal or family care and maintenance, substantial loss of 
 36.4   pension, retirement plan, or government benefits, or substantial 
 36.5   loss of other assets essential to the victim's health or welfare.
 36.6      Subd. 3.  [PROSECUTORIAL JURISDICTION.] The attorney 
 36.7   general has statewide jurisdiction to prosecute violations of 
 36.8   this section.  This jurisdiction is concurrent with that of the 
 36.9   local prosecuting authority responsible for prosecuting gross 
 36.10  misdemeanors in the place where the violation was committed. 
 36.11     Sec. 14.  Minnesota Statutes 1996, section 609.487, 
 36.12  subdivision 3, is amended to read: 
 36.13     Subd. 3.  [FLEEING AN OFFICER.] Whoever by means of a motor 
 36.14  vehicle flees or attempts to flee a peace officer who is acting 
 36.15  in the lawful discharge of an official duty, and the perpetrator 
 36.16  knows or should reasonably know the same to be a peace 
 36.17  officer, ~~may be sentenced to imprisonment for not more than one~~ 
 36.18  ~~year or to payment of a fine of not more than $3,000, or both.~~  
 36.19  ~~Whoever violates this subdivision a second or subsequent time~~ is 
 36.20  guilty of a felony and may be sentenced to imprisonment for not 
 36.21  more than ~~one year~~ three years and one day or to payment of a 
 36.22  fine of not more than ~~$3,000~~ $5,000, or both. 
 36.23     Sec. 15.  Minnesota Statutes 1996, section 609.495, 
 36.24  subdivision 1, is amended to read: 
 36.25     Subdivision 1.  (a) Whoever harbors, conceals, or aids 
 36.26  another known by the actor to have committed a felony under the 
 36.27  laws of this or another state or of the United States with 
 36.28  intent that such offender shall avoid or escape from arrest, 
 36.29  trial, conviction, or punishment, may be sentenced to 
 36.30  imprisonment for not more than three years or to payment of a 
 36.31  fine of not more than $5,000, or both.  
 36.32     (b) Whoever knowingly harbors, conceals, or aids a person 
 36.33  who is on probation, parole, or supervised release because of a 
 36.34  felony level conviction and for whom an arrest and detention 
 36.35  order has been issued, with intent that the person evade or 
 36.36  escape being taken into custody under the order, may be 
 37.1   sentenced to imprisonment for not more than three years or to 
 37.2   payment of a fine of not more than $5,000, or both.  As used in 
 37.3   this paragraph, "arrest and detention order" means a written 
 37.4   order to take and detain a probationer, parolee, or supervised 
 37.5   releasee that is issued under section 243.05, subdivision 1; 
 37.6   260.311, subdivision 3a; or 401.02, subdivision 4. 
 37.7      Sec. 16.  Minnesota Statutes 1996, section 609.498, is 
 37.8   amended by adding a subdivision to read: 
 37.9      Subd. 1b.  [AGGRAVATED FIRST-DEGREE WITNESS TAMPERING.] (a) 
 37.10  A person is guilty of aggravated first-degree witness tampering 
 37.11  if the person causes or, by means of an implicit or explicit 
 37.12  credible threat, threatens to cause great bodily harm or death 
 37.13  to another in the course of committing any of the following acts 
 37.14  intentionally: 
 37.15     (1) preventing or dissuading or attempting to prevent or 
 37.16  dissuade a person who is or may become a witness from attending 
 37.17  or testifying at any criminal trial or proceeding; 
 37.18     (2) coercing or attempting to coerce a person who is or may 
 37.19  become a witness to testify falsely at any criminal trial or 
 37.20  proceeding; 
 37.21     (3) retaliating against a person who was summoned as a 
 37.22  witness at any criminal trial or proceeding within a year 
 37.23  following that trial or proceeding or within a year following 
 37.24  the actor's release from incarceration, whichever is later; 
 37.25     (4) preventing or dissuading or attempting to prevent or 
 37.26  dissuade a person from providing information to law enforcement 
 37.27  authorities concerning a crime; 
 37.28     (5) coercing or attempting to coerce a person to provide 
 37.29  false information concerning a crime to law enforcement 
 37.30  authorities; or 
 37.31     (6) retaliating against any person who has provided 
 37.32  information to law enforcement authorities concerning a crime 
 37.33  within a year of that person providing the information or within 
 37.34  a year of the actor's release from incarceration, whichever is 
 37.35  later. 
 37.36     (b) A person convicted of committing any act prohibited by 
 38.1   paragraph (a) may be sentenced as follows: 
 38.2      (1) if the crime that was the subject of the witness 
 38.3   tampering conduct is ranked at severity level VII or higher by 
 38.4   the sentencing guidelines or is punishable by a mandatory prison 
 38.5   sentence, to imprisonment for not more than 20 years or to 
 38.6   payment of a fine of not more than $30,000, or both; 
 38.7      (2) otherwise, to imprisonment for not more than ten years 
 38.8   or to payment of a fine of not more than $20,000, or both. 
 38.9      Sec. 17.  Minnesota Statutes 1996, section 609.498, is 
 38.10  amended by adding a subdivision to read: 
 38.11     Subd. 4.  [NO BAR TO CONVICTION.] Notwithstanding sections 
 38.12  609.035 or 609.04, a prosecution for or conviction of the crime 
 38.13  of aggravated first-degree witness tampering is not a bar to 
 38.14  conviction of or punishment for any other crime. 
 38.15     Sec. 18.  Minnesota Statutes 1996, section 609.52, 
 38.16  subdivision 2, is amended to read: 
 38.17     Subd. 2.  [ACTS CONSTITUTING THEFT.] (a) Whoever does any 
 38.18  of the following commits theft and may be sentenced as provided 
 38.19  in subdivision 3: 
 38.20     (1) intentionally and without claim of right takes, uses, 
 38.21  transfers, conceals or retains possession of movable property of 
 38.22  another without the other's consent and with intent to deprive 
 38.23  the owner permanently of possession of the property; or 
 38.24     (2) having a legal interest in movable property, 
 38.25  intentionally and without consent, takes the property out of the 
 38.26  possession of a pledgee or other person having a superior right 
 38.27  of possession, with intent thereby to deprive the pledgee or 
 38.28  other person permanently of the possession of the property; or 
 38.29     (3) obtains for the actor or another the possession, 
 38.30  custody, or title to property of or performance of services by a 
 38.31  third person by intentionally deceiving the third person with a 
 38.32  false representation which is known to be false, made with 
 38.33  intent to defraud, and which does defraud the person to whom it 
 38.34  is made.  "False representation" includes without limitation: 
 38.35     ~~(a)~~ (i) the issuance of a check, draft, or order for the 
 38.36  payment of money, except a forged check as defined in section 
 39.1   609.631, or the delivery of property knowing that the actor is 
 39.2   not entitled to draw upon the drawee therefor or to order the 
 39.3   payment or delivery thereof; or 
 39.4      ~~(b)~~ (ii) a promise made with intent not to perform.  
 39.5   Failure to perform is not evidence of intent not to perform 
 39.6   unless corroborated by other substantial evidence; or 
 39.7      ~~(c)~~ (iii) the preparation or filing of a claim for 
 39.8   reimbursement, a rate application, or a cost report used to 
 39.9   establish a rate or claim for payment for medical care provided 
 39.10  to a recipient of medical assistance under chapter 256B, which 
 39.11  intentionally and falsely states the costs of or actual services 
 39.12  provided by a vendor of medical care; or 
 39.13     ~~(d)~~ (iv) the preparation or filing of a claim for 
 39.14  reimbursement for providing treatment or supplies required to be 
 39.15  furnished to an employee under section 176.135 which 
 39.16  intentionally and falsely states the costs of or actual 
 39.17  treatment or supplies provided; or 
 39.18     ~~(e)~~ (v) the preparation or filing of a claim for 
 39.19  reimbursement for providing treatment or supplies required to be 
 39.20  furnished to an employee under section 176.135 for treatment or 
 39.21  supplies that the provider knew were medically unnecessary, 
 39.22  inappropriate, or excessive; or 
 39.23     (4) by swindling, whether by artifice, trick, device, or 
 39.24  any other means, obtains property or services from another 
 39.25  person; or 
 39.26     (5) intentionally commits any of the acts listed in this 
 39.27  subdivision but with intent to exercise temporary control only 
 39.28  and: 
 39.29     ~~(a)~~ (i) the control exercised manifests an indifference to 
 39.30  the rights of the owner or the restoration of the property to 
 39.31  the owner; or 
 39.32     ~~(b)~~ (ii) the actor pledges or otherwise attempts to subject 
 39.33  the property to an adverse claim; or 
 39.34     ~~(c)~~ (iii) the actor intends to restore the property only on 
 39.35  condition that the owner pay a reward or buy back or make other 
 39.36  compensation; or 
 40.1      (6) finds lost property and, knowing or having reasonable 
 40.2   means of ascertaining the true owner, appropriates it to the 
 40.3   finder's own use or to that of another not entitled thereto 
 40.4   without first having made reasonable effort to find the owner 
 40.5   and offer and surrender the property to the owner; or 
 40.6      (7) intentionally obtains property or services, offered 
 40.7   upon the deposit of a sum of money or tokens in a coin or token 
 40.8   operated machine or other receptacle, without making the 
 40.9   required deposit or otherwise obtaining the consent of the 
 40.10  owner; or 
 40.11     (8) intentionally and without claim of right converts any 
 40.12  article representing a trade secret, knowing it to be such, to 
 40.13  the actor's own use or that of another person or makes a copy of 
 40.14  an article representing a trade secret, knowing it to be such, 
 40.15  and intentionally and without claim of right converts the same 
 40.16  to the actor's own use or that of another person.  It shall be a 
 40.17  complete defense to any prosecution under this clause for the 
 40.18  defendant to show that information comprising the trade secret 
 40.19  was rightfully known or available to the defendant from a source 
 40.20  other than the owner of the trade secret; or 
 40.21     (9) leases or rents personal property under a written 
 40.22  instrument and who with intent to place the property beyond the 
 40.23  control of the lessor conceals or aids or abets the concealment 
 40.24  of the property or any part thereof, or any lessee of the 
 40.25  property who sells, conveys, or encumbers the property or any 
 40.26  part thereof without the written consent of the lessor, without 
 40.27  informing the person to whom the lessee sells, conveys, or 
 40.28  encumbers that the same is subject to such lease and with intent 
 40.29  to deprive the lessor of possession thereof.  Evidence that a 
 40.30  lessee used a false or fictitious name or address in obtaining 
 40.31  the property or fails or refuses to return the property to 
 40.32  lessor within five days after written demand for the return has 
 40.33  been served personally in the manner provided for service of 
 40.34  process of a civil action or sent by certified mail to the last 
 40.35  known address of the lessee, whichever shall occur later, shall 
 40.36  be evidence of intent to violate this clause.  Service by 
 41.1   certified mail shall be deemed to be complete upon deposit in 
 41.2   the United States mail of such demand, postpaid and addressed to 
 41.3   the person at the address for the person set forth in the lease 
 41.4   or rental agreement, or, in the absence of the address, to the 
 41.5   person's last known place of residence; or 
 41.6      (10) alters, removes, or obliterates numbers or symbols 
 41.7   placed on movable property for purpose of identification by the 
 41.8   owner or person who has legal custody or right to possession 
 41.9   thereof with the intent to prevent identification, if the person 
 41.10  who alters, removes, or obliterates the numbers or symbols is 
 41.11  not the owner and does not have the permission of the owner to 
 41.12  make the alteration, removal, or obliteration; or 
 41.13     (11) with the intent to prevent the identification of 
 41.14  property involved, so as to deprive the rightful owner of 
 41.15  possession thereof, alters or removes any permanent serial 
 41.16  number, permanent distinguishing number or manufacturer's 
 41.17  identification number on personal property or possesses, sells 
 41.18  or buys any personal property knowing or having reason to know 
 41.19  that the permanent serial number, permanent distinguishing 
 41.20  number or manufacturer's identification number has been removed 
 41.21  or altered; or 
 41.22     (12) intentionally deprives another of a lawful charge for 
 41.23  cable television service by: 
 41.24     (i) making or using or attempting to make or use an 
 41.25  unauthorized external connection outside the individual dwelling 
 41.26  unit whether physical, electrical, acoustical, inductive, or 
 41.27  other connection, or by 
 41.28     (ii) attaching any unauthorized device to any cable, wire, 
 41.29  microwave, or other component of a licensed cable communications 
 41.30  system as defined in chapter 238.  Nothing herein shall be 
 41.31  construed to prohibit the electronic video rerecording of 
 41.32  program material transmitted on the cable communications system 
 41.33  by a subscriber for fair use as defined by Public Law Number 
 41.34  94-553, section 107; or 
 41.35     (13) except as provided in paragraphs (12) and (14), 
 41.36  obtains the services of another with the intention of receiving 
 42.1   those services without making the agreed or reasonably expected 
 42.2   payment of money or other consideration; or 
 42.3      (14) intentionally deprives another of a lawful charge for 
 42.4   telecommunications service by:  
 42.5      (i) making, using, or attempting to make or use an 
 42.6   unauthorized connection whether physical, electrical, by wire, 
 42.7   microwave, radio, or other means to a component of a local 
 42.8   telecommunication system as provided in chapter 237; or 
 42.9      (ii) attaching an unauthorized device to a cable, wire, 
 42.10  microwave, radio, or other component of a local 
 42.11  telecommunication system as provided in chapter 237.  
 42.12     The existence of an unauthorized connection is prima facie 
 42.13  evidence that the occupier of the premises:  
 42.14     (i) made or was aware of the connection; and 
 42.15     (ii) was aware that the connection was unauthorized; or 
 42.16     (15) with intent to defraud, diverts corporate property 
 42.17  other than in accordance with general business purposes or for 
 42.18  purposes other than those specified in the corporation's 
 42.19  articles of incorporation; or 
 42.20     (16) with intent to defraud, authorizes or causes a 
 42.21  corporation to make a distribution in violation of section 
 42.22  302A.551, or any other state law in conformity with it; or 
 42.23     (17) intentionally takes or drives a motor vehicle ~~without~~ 
 42.24  ~~the consent of the owner or an authorized agent of the~~ 
 42.25  ~~owner~~ which the actor does not own or did not lease or rent. 
 42.26     (b) It is an affirmative defense to a violation of 
 42.27  paragraph (a), clause (17), if the defendant proves by a 
 42.28  preponderance of the evidence that the defendant took or drove 
 42.29  the motor vehicle with the consent of the owner or an authorized 
 42.30  agent of the owner. 
 42.31     Sec. 19.  Minnesota Statutes 1996, section 609.749, 
 42.32  subdivision 1, is amended to read: 
 42.33     Subdivision 1.  [DEFINITION.] As used in this section, 
 42.34  "harass" means to engage in intentional conduct ~~in a manner that~~ 
 42.35  which:  
 42.36     (1) the actor knows or should know would cause ~~a reasonable~~ 
 43.1   ~~person~~ the victim under the circumstances to feel frightened, 
 43.2   threatened, oppressed, persecuted, or intimidated; and 
 43.3      (2) causes this reaction on the part of the victim. 
 43.4      Sec. 20.  Minnesota Statutes 1996, section 609.749, is 
 43.5   amended by adding a subdivision to read: 
 43.6      Subd. 1a.  [NO PROOF OF SPECIFIC INTENT REQUIRED.] In a 
 43.7   prosecution under this section, the state is not required to 
 43.8   prove that the actor intended to cause the victim to feel 
 43.9   frightened, threatened, oppressed, persecuted, or intimidated, 
 43.10  or except as otherwise provided in subdivision 3, clause (4), 
 43.11  that the actor intended to cause any other result. 
 43.12     Sec. 21.  Minnesota Statutes 1996, section 609.749, 
 43.13  subdivision 2, is amended to read: 
 43.14     Subd. 2.  [HARASSMENT AND STALKING CRIMES.] (a) A person 
 43.15  who harasses another by committing any of the following acts is 
 43.16  guilty of a gross misdemeanor: 
 43.17     (1) directly or indirectly manifests a purpose or intent to 
 43.18  injure the person, property, or rights of another by the 
 43.19  commission of an unlawful act; 
 43.20     (2) stalks, follows, or pursues another; 
 43.21     (3) returns to the property of another if the actor is 
 43.22  without claim of right to the property or consent of one with 
 43.23  authority to consent; 
 43.24     (4) repeatedly makes telephone calls, or induces a victim 
 43.25  to make telephone calls to the actor, whether or not 
 43.26  conversation ensues; 
 43.27     (5) makes or causes the telephone of another repeatedly or 
 43.28  continuously to ring; 
 43.29     (6) repeatedly ~~uses the mail~~ mails or delivers or causes 
 43.30  the delivery of letters, telegrams, messages, packages, or other 
 43.31  objects; or 
 43.32     (7) engages in any other harassing conduct that interferes 
 43.33  with another person or intrudes on the person's privacy or 
 43.34  liberty. 
 43.35     (b) The conduct described in paragraph (a), clauses (4) and 
 43.36  (5) may be prosecuted ~~either~~ at the place where ~~the~~ any call is 
 44.1   either made or ~~where it is~~ received.  The conduct described 
 44.2   in paragraph (a), clause (6) may be prosecuted ~~either~~ where ~~the~~ 
 44.3   ~~mail is deposited or where it is~~ any letter, telegram, message, 
 44.4   package, or other object is either sent or received. 
 44.5      Sec. 22.  Minnesota Statutes 1996, section 609.749, 
 44.6   subdivision 5, is amended to read: 
 44.7      Subd. 5.  [PATTERN OF HARASSING CONDUCT.] (a) A person who 
 44.8   engages in a pattern of harassing conduct with respect to a 
 44.9   single victim or one or more members of a single household ~~in a~~ 
 44.10  ~~manner that~~ which the actor knows or should know would cause ~~a~~ 
 44.11  ~~reasonable person~~ the victim under the circumstances to feel 
 44.12  terrorized or to fear bodily harm and ~~that~~ which does cause this 
 44.13  reaction on the part of the victim, is guilty of a felony and 
 44.14  may be sentenced to imprisonment for not more than ten years or 
 44.15  to payment of a fine of not more than $20,000, or both. 
 44.16     (b) For purposes of this subdivision, a "pattern of 
 44.17  harassing conduct" means two or more acts within a five-year 
 44.18  period that violate the provisions of any of the following: 
 44.19     (1) this section; 
 44.20     (2) section 609.713; 
 44.21     (3) section 609.224; 
 44.22     (4) section 609.2242; 
 44.23     (5) section 518B.01, subdivision 14; 
 44.24     (6) section 609.748, subdivision 6; 
 44.25     (7) section 609.605, subdivision 1, paragraph (b), clauses 
 44.26  (3), (4), and (7); 
 44.27     (8) section 609.79; 
 44.28     (9) section 609.795; 
 44.29     (10) section 609.582; ~~or~~ 
 44.30     (11) section 609.595; or 
 44.31     (12) section 609.765.  
 44.32     Sec. 23.  Minnesota Statutes 1996, section 609.78, is 
 44.33  amended to read: 
 44.34     609.78 [EMERGENCY TELEPHONE CALLS AND COMMUNICATIONS.] 
 44.35     Subdivision 1.  [MISDEMEANOR OFFENSES.] Whoever does the 
 44.36  following is guilty of a misdemeanor: 
 45.1      (1) Refuses to relinquish immediately a coin-operated 
 45.2   telephone or a telephone line consisting of two or more stations 
 45.3   when informed that the line is needed to make an emergency call 
 45.4   for medical or ambulance service or for assistance from a police 
 45.5   or fire department or for other service needed in an emergency 
 45.6   to avoid serious harm to person or property, and an emergency 
 45.7   exists; 
 45.8      (2) Secures a relinquishment of a coin-operated telephone 
 45.9   or a telephone line consisting of two or more stations by 
 45.10  falsely stating that the line is needed for an emergency; 
 45.11     (3) Publishes telephone directories to be used for 
 45.12  telephones or telephone lines and the directories do not contain 
 45.13  a copy of this section; 
 45.14     (4) Makes an emergency call for medical or ambulance 
 45.15  service, knowing that no medical emergency exists; or 
 45.16     (5) Interrupts, disrupts, impedes, or otherwise interferes 
 45.17  with the transmission of a citizen's band radio channel 
 45.18  communication the purpose of which is to inform or inquire about 
 45.19  a medical emergency or an emergency in which property is or is 
 45.20  reasonably believed to be in imminent danger of damage or 
 45.21  destruction. 
 45.22     Subd. 2.  [INTERFERENCE WITH A 911 CALL; GROSS MISDEMEANOR 
 45.23  OFFENSE.] A person who intentionally interrupts, disrupts, 
 45.24  impedes, or otherwise interferes with a 911 call or who prevents 
 45.25  or hinders another from placing a 911 call, and whose conduct 
 45.26  does not result in a violation of section 609.498, is guilty of 
 45.27  a gross misdemeanor and may be sentenced to imprisonment for not 
 45.28  more than one year or to payment of a fine of not more than 
 45.29  $3,000, or both. 
 45.30     Sec. 24.  Minnesota Statutes 1996, section 631.07, is 
 45.31  amended to read: 
 45.32     631.07 [ORDER OF FINAL ARGUMENT.] 
 45.33     When the giving of evidence is concluded in a criminal 
 45.34  trial, unless the case is submitted on both sides without 
 45.35  argument, the prosecution may make a closing argument to the 
 45.36  jury.  The defense may then make its closing argument to the 
 46.1   jury.  ~~On the motion of the prosecution, the court may permit~~ 
 46.2   ~~the prosecution to reply in rebuttal if the court determines~~ 
 46.3   ~~that the defense has made in its closing argument a misstatement~~ 
 46.4   ~~of law or fact or a statement that is inflammatory or~~ 
 46.5   ~~prejudicial.  The rebuttal must be limited to a direct response~~ 
 46.6   ~~to the misstatement of law or fact or the inflammatory or~~ 
 46.7   ~~prejudicial statement.~~  The prosecutor may then reply in 
 46.8   rebuttal to the issues raised in the defendant's argument, 
 46.9   limited in time to five minutes.  If the prosecutor replies in 
 46.10  rebuttal, the defense may then reply in surrebuttal to the 
 46.11  issues raised in the prosecution's rebuttal, limited in time to 
 46.12  five minutes.  The court in its discretion may reasonably 
 46.13  equally extend the time of the prosecutor's or the defense's 
 46.14  rebuttal arguments. 
 46.15     Sec. 25.  [RULE SUPERSEDED.] 
 46.16     Minnesota Rules of Criminal Procedure, rule 26.03, 
 46.17  subdivision 11, is superseded to the extent it conflicts with 
 46.18  Minnesota Statutes, section 631.07. 
 46.19     Sec. 26.  [SENTENCING GUIDELINES MODIFICATION.] 
 46.20     The sentencing guidelines commission shall modify 
 46.21  sentencing guideline II.F. to permit courts to impose 
 46.22  consecutive sentences in any case in which: 
 46.23     (1) the defendant is sentenced for multiple current felony 
 46.24  offenses and the court stays imposition or execution of sentence 
 46.25  for all but one of the offenses; or 
 46.26     (2) the defendant, at the time of sentencing, is subject to 
 46.27  a prior felony sentence, the imposition or execution of which 
 46.28  was stayed. 
 46.29     A consecutive sentence imposed under this section is not a 
 46.30  departure from the sentencing guidelines.  
 46.31     Sec. 27.  [SENTENCING GUIDELINES DIRECTIVE.] 
 46.32     The sentencing guidelines commission shall rank aggravated 
 46.33  first-degree witness tampering crimes that are subject to the 
 46.34  sentence provided in Minnesota Statutes, section 609.498, 
 46.35  subdivision 1b, paragraph (b), clause (1), at severity level 
 46.36  VIII.  The commission also shall classify this crime as a crime 
 47.1   against the person for purposes of the sentencing guidelines. 
 47.2      Sec. 28.  [COST OF CRIME STUDY.] 
 47.3      The legislative audit commission is requested to direct the 
 47.4   legislative auditor to conduct a study of the costs that 
 47.5   criminal activity places on the state and local communities.  
 47.6   The study shall include not only the direct costs to state and 
 47.7   local governments of responding to, prosecuting, and punishing 
 47.8   criminal offenders, but also the indirect economic and social 
 47.9   costs that criminal activity places on local communities and 
 47.10  their residents. 
 47.11     If the commission directs the auditor to conduct this 
 47.12  study, the auditor shall report findings to the chairs of the 
 47.13  senate crime prevention and house judiciary committees by 
 47.14  February 15, 1998. 
 47.15     Sec. 29.  [EFFECTIVE DATE.] 
 47.16     Section 2 is effective the day after final enactment.  
 47.17  Sections 19 to 22 are effective the day following final 
 47.18  enactment and apply to crimes committed on or after that date.  
 47.19  Sections 1, 3 to 5, 8 to 18, 23, and 27 are effective August 1, 
 47.20  1997, and apply to crimes committed on or after that date. 
 47.21                             ARTICLE 4 
 47.22                       CONTROLLED SUBSTANCES
 47.23     Section 1.  Minnesota Statutes 1996, section 151.40, is 
 47.24  amended to read: 
 47.25     151.40 [POSSESSION AND SALE OF HYPODERMIC SYRINGES AND 
 47.26  NEEDLES.] 
 47.27     Subdivision 1.  [GENERALLY.] Except as otherwise provided 
 47.28  in subdivision 2, it ~~shall be~~ is unlawful for any person to 
 47.29  possess, control, manufacture, sell, furnish, dispense, or 
 47.30  otherwise dispose of hypodermic syringes or needles or any 
 47.31  instrument or implement which can be adapted for subcutaneous 
 47.32  injections, except by the following persons when acting in the 
 47.33  course of their practice or employment: licensed practitioners, 
 47.34  registered pharmacies and their employees or agents, licensed 
 47.35  pharmacists, licensed doctors of veterinary medicine or their 
 47.36  assistants, registered nurses, registered medical technologists, 
 48.1   medical interns, licensed drug wholesalers, their employees or 
 48.2   agents, licensed hospitals, licensed nursing homes, bona fide 
 48.3   hospitals where animals are treated, licensed morticians, 
 48.4   syringe and needle manufacturers, their dealers and agents, 
 48.5   persons engaged in animal husbandry, clinical laboratories, 
 48.6   persons engaged in bona fide research or education or industrial 
 48.7   use of hypodermic syringes and needles provided such persons 
 48.8   cannot use hypodermic syringes and needles for the 
 48.9   administration of drugs to human beings unless such drugs are 
 48.10  prescribed, dispensed, and administered by a person lawfully 
 48.11  authorized to do so, persons who administer drugs pursuant to an 
 48.12  order or direction of a licensed doctor of medicine or of a 
 48.13  licensed doctor of osteopathy duly licensed to practice medicine.
 48.14     Subd. 2.  [SALES OF LIMITED QUANTITIES OF CLEAN NEEDLES AND 
 48.15  SYRINGES.] (a) A registered pharmacy or its agent or a licensed 
 48.16  pharmacist may sell, without a prescription, unused hypodermic 
 48.17  needles and syringes in quantities of ten or fewer, provided 
 48.18  that the pharmacy or pharmacist complies with all of the 
 48.19  requirements of this subdivision. 
 48.20     (b) At any location where hypodermic needles and syringes 
 48.21  are kept for retail sale under this subdivision, the needles and 
 48.22  syringes shall be stored in a manner that makes them available 
 48.23  only to authorized personnel and not openly available to 
 48.24  customers. 
 48.25     (c) No registered pharmacy or licensed pharmacist may 
 48.26  advertise to the public the availability for retail sale, 
 48.27  without a prescription, of hypodermic needles or syringes in 
 48.28  quantities of ten or fewer. 
 48.29     (d) A registered pharmacy or licensed pharmacist that sells 
 48.30  hypodermic needles or syringes under this section may give the 
 48.31  purchaser the materials developed by the commissioner of health. 
 48.32     Sec. 2.  Minnesota Statutes 1996, section 152.01, 
 48.33  subdivision 18, is amended to read: 
 48.34     Subd. 18.  [DRUG PARAPHERNALIA.] (a) Except as otherwise 
 48.35  provided in paragraph (b), "drug paraphernalia" means all 
 48.36  equipment, products, and materials of any kind, except those 
 49.1   items used in conjunction with permitted uses of controlled 
 49.2   substances under this chapter or the Uniform Controlled 
 49.3   Substances Act, which are knowingly or intentionally used 
 49.4   primarily in (1) manufacturing a controlled substance, (2) 
 49.5   injecting, ingesting, inhaling, or otherwise introducing into 
 49.6   the human body a controlled substance, (3) testing the strength, 
 49.7   effectiveness, or purity of a controlled substance, or (4) 
 49.8   enhancing the effect of a controlled substance.  
 49.9      (b) "Drug paraphernalia" does not include the possession, 
 49.10  manufacture, delivery, or sale of unused hypodermic needles or 
 49.11  syringes in quantities of ten or fewer in accordance with 
 49.12  section 151.40, subdivision 2. 
 49.13     Sec. 3.  Minnesota Statutes 1996, section 152.01, is 
 49.14  amended by adding a subdivision to read: 
 49.15     Subd. 22.  [DRUG TREATMENT FACILITY ZONE.] "Drug treatment 
 49.16  facility zone" means any facility in which a residential 
 49.17  rehabilitation program licensed under Minnesota Rules, parts 
 49.18  9530.4100 to 9530.4450, is located, plus the area within 300 
 49.19  feet of the facility's property boundary or one city block, 
 49.20  whichever distance is greater. 
 49.21     Sec. 4.  Minnesota Statutes 1996, section 152.02, 
 49.22  subdivision 2, is amended to read: 
 49.23     Subd. 2.  The following items are listed in Schedule I: 
 49.24     (1) Any of the following substances, including their 
 49.25  isomers, esters, ethers, salts, and salts of isomers, esters, 
 49.26  and ethers, unless specifically excepted, whenever the existence 
 49.27  of such isomers, esters, ethers and salts is possible within the 
 49.28  specific chemical designation: Acetylmethadol; Allylprodine; 
 49.29  Alphacetylmethadol; Alphameprodine; Alphamethadol; Benzethidine; 
 49.30  Betacetylmethadol; Betameprodine; Betamethadol; Betaprodine; 
 49.31  Clonitazene; Dextromoramide; Dextrorphan; Diampromide; 
 49.32  Diethyliambutene; Dimenoxadol; Dimepheptanol; Dimethyliambutene; 
 49.33  Dioxaphetyl butyrate; Dipipanone; Ethylmethylthiambutene; 
 49.34  Etonitazene; Etoxeridine; Furethidine; Hydroxypethidine; 
 49.35  Ketobemidone; Levomoramide; Levophenacylmorphan; Morpheridine; 
 49.36  Noracymethadol; Norlevorphanol; Normethadone; Norpipanone; 
 50.1   Phenadoxone; Phenampromide; Phenomorphan; Phenoperidine; 
 50.2   Piritramide; Proheptazine; Properidine; Racemoramide; 
 50.3   Trimeperidine.  
 50.4      (2) Any of the following opium derivatives, their salts, 
 50.5   isomers and salts of isomers, unless specifically excepted, 
 50.6   whenever the existence of such salts, isomers and salts of 
 50.7   isomers is possible within the specific chemical designation:  
 50.8   Acetorphine; Acetyldihydrocodeine; Acetylcodone; Benzylmorphine; 
 50.9   Codeine methylbromide; Codeine-N-Oxide; Cyprenorphine; 
 50.10  Desomorphine; Dihydromorphine; Etorphine; Heroin; 
 50.11  Hydromorphinol; Methyldesorphine; Methylhydromorphine; Morphine 
 50.12  methylbromide; Morphine methylsulfonate; Morphine-N-Oxide; 
 50.13  Myrophine; Nicocodeine; Nicomorphine; Normorphine; Pholcodine; 
 50.14  Thebacon.  
 50.15     (3) Any material, compound, mixture or preparation which 
 50.16  contains any quantity of the following hallucinogenic 
 50.17  substances, their salts, isomers and salts of isomers, unless 
 50.18  specifically excepted, whenever the existence of such salts, 
 50.19  isomers, and salts of isomers is possible within the specific 
 50.20  chemical designation: 3,4-methylenedioxy amphetamine; 
 50.21  4-bromo-2.5-dimethoxyamphetamine; 2.5-dimethoxyamphetamine; 
 50.22  4-methoxyamphetamine; 5-methoxy-3, 4-methylenedioxy amphetamine; 
 50.23  Bufotenine; Diethyltryptamine; Dimethyltryptamine; 
 50.24  3,4,5-trimethoxy amphetamine; 4-methyl-2, 
 50.25  5-dimethoxyamphetamine; Ibogaine; Lysergic acid diethylamide; 
 50.26  marijuana; Mescaline; N-ethyl-3-piperidyl benzilate; 
 50.27  N-methyl-3-piperidyl benzilate; Psilocybin; Psilocyn; 
 50.28  Tetrahydrocannabinols; 1-(1-(2-thienyl) cyclohexyl) piperidine; 
 50.29  n-ethyl-1-phenyl-cyclohexylamine; 1-(1-phenylcyclohexyl) 
 50.30  pyrrolidine.  
 50.31     (4) Peyote, providing the listing of peyote as a controlled 
 50.32  substance in schedule I does not apply to the nondrug use of 
 50.33  peyote in bona fide religious ceremonies of the American Indian 
 50.34  Church, and members of the American Indian Church are exempt 
 50.35  from registration.  Any person who manufactures peyote for or 
 50.36  distributes peyote to the American Indian Church, however, is 
 51.1   required to obtain federal registration annually and to comply 
 51.2   with all other requirements of law.  
 51.3      (5) Unless specifically excepted or unless listed in 
 51.4   another schedule, any material compound, mixture, or preparation 
 51.5   which contains any quantity of the following substances having a 
 51.6   depressant effect on the central nervous system, including its 
 51.7   salts, isomers, and salts of isomers whenever the existence of 
 51.8   such salts, isomers, and salts of isomers is possible within the 
 51.9   specific chemical designation:  
 51.10     Mecloqualone; 
 51.11     Flunitrazepam. 
 51.12     (6) Unless specifically excepted or unless listed in 
 51.13  another schedule, any material compound, mixture, or preparation 
 51.14  which contains any quantity of the following substances having a 
 51.15  stimulant effect on the central nervous system, including its 
 51.16  salts, isomers, and salts of isomers whenever the existence of 
 51.17  such salts, isomers, and salts of isomers is possible within the 
 51.18  specific chemical designation: 
 51.19  Cathinone; 
 51.20  Methcathinone. 
 51.21     Sec. 5.  Minnesota Statutes 1996, section 152.02, 
 51.22  subdivision 5, is amended to read: 
 51.23     Subd. 5.  (a) The following items are listed in Schedule IV:
 51.24  Anabolic substances; Barbital; Butorphanol; Carisoprodol; 
 51.25  Chloral betaine; Chloral hydrate; Chlordiazepoxide; Clonazepam; 
 51.26  Clorazepate; Diazepam; Diethylpropion; Ethchlorvynol; 
 51.27  Ethinamate; Fenfluramine; Flurazepam; Mebutamate; Methohexital; 
 51.28  Meprobamate except when in combination with the following drugs 
 51.29  in the following or lower concentrations:  conjugated estrogens, 
 51.30  0.4 mg; tridihexethyl chloride, 25mg; pentaerythritol 
 51.31  tetranitrate, 20 mg; Methylphenobarbital; Oxazepam; Paraldehyde; 
 51.32  Pemoline; Petrichloral; Phenobarbital; ~~and~~ Phentermine; and 
 51.33  Tramadol.  
 51.34     (b) For purposes of this subdivision, "anabolic substances" 
 51.35  means the naturally occurring androgens or derivatives of 
 51.36  androstane (androsterone and testosterone); testosterone and its 
 52.1   esters, including, but not limited to, testosterone propionate, 
 52.2   and its derivatives, including, but not limited to, 
 52.3   methyltestosterone and growth hormones, except that anabolic 
 52.4   substances are not included if they are:  (1) expressly intended 
 52.5   for administration through implants to cattle or other nonhuman 
 52.6   species; and (2) approved by the United States Food and Drug 
 52.7   Administration for that use. 
 52.8      Sec. 6.  Minnesota Statutes 1996, section 152.021, 
 52.9   subdivision 1, is amended to read: 
 52.10     Subdivision 1.  [SALE CRIMES.] A person is guilty of 
 52.11  controlled substance crime in the first degree if: 
 52.12     (1) on one or more occasions within a 90-day period the 
 52.13  person unlawfully sells one or more mixtures of a total weight 
 52.14  of ten grams or more containing cocaine or heroin; 
 52.15     (2) on one or more occasions within a 90-day period the 
 52.16  person unlawfully sells one or more mixtures of a total weight 
 52.17  of 50 grams or more containing a narcotic drug other than 
 52.18  cocaine or heroin; 
 52.19     (3) on one or more occasions within a 90-day period the 
 52.20  person unlawfully sells one or more mixtures of a total weight 
 52.21  of 50 grams or more containing methamphetamine, amphetamine, 
 52.22  phencyclidine, or hallucinogen or, if the controlled substance 
 52.23  is packaged in dosage units, equaling 200 or more dosage units; 
 52.24  or 
 52.25     (4) on one or more occasions within a 90-day period the 
 52.26  person unlawfully sells one or more mixtures of a total weight 
 52.27  of 50 kilograms or more containing marijuana or 
 52.28  Tetrahydrocannabinols, or one or more mixtures of a total weight 
 52.29  of 25 kilograms or more containing marijuana or 
 52.30  Tetrahydrocannabinols in a school zone, a park zone, a drug 
 52.31  treatment facility zone, or a public housing zone. 
 52.32     Sec. 7.  Minnesota Statutes 1996, section 152.021, 
 52.33  subdivision 2, is amended to read: 
 52.34     Subd. 2.  [POSSESSION CRIMES.] A person is guilty of a 
 52.35  controlled substance crime in the first degree if: 
 52.36     (1) the person unlawfully possesses one or more mixtures of 
 53.1   a total weight of 25 grams or more containing cocaine or heroin; 
 53.2      (2) the person unlawfully possesses one or more mixtures of 
 53.3   a total weight of 500 grams or more containing a narcotic drug 
 53.4   other than cocaine or heroin; 
 53.5      (3) the person unlawfully possesses one or more mixtures of 
 53.6   a total weight of 500 grams or more containing methamphetamine, 
 53.7   amphetamine, phencyclidine, or hallucinogen or, if the 
 53.8   controlled substance is packaged in dosage units, equaling 500 
 53.9   or more dosage units; or 
 53.10     (4) the person unlawfully possesses one or more mixtures of 
 53.11  a total weight of 100 kilograms or more containing marijuana or 
 53.12  Tetrahydrocannabinols. 
 53.13     Sec. 8.  Minnesota Statutes 1996, section 152.021, 
 53.14  subdivision 3, is amended to read: 
 53.15     Subd. 3.  [PENALTY.] (a) A person convicted under 
 53.16  subdivision 1 or 2 may be sentenced to imprisonment for not more 
 53.17  than 30 years or to payment of a fine of not more than 
 53.18  $1,000,000, or both. 
 53.19     (b) If the conviction is a subsequent controlled substance 
 53.20  conviction, a person convicted under subdivision 1 or 2 shall be 
 53.21  committed to the commissioner of corrections for not less than 
 53.22  four years nor more than 40 years and, in addition, may be 
 53.23  sentenced to payment of a fine of not more than $1,000,000.  
 53.24     (c) In a prosecution under subdivision 1 or 2 involving 
 53.25  sales or acts of possession by the same person in ~~two~~ one or 
 53.26  more counties within a ~~90-day~~ 180-day period, the amounts sold 
 53.27  or possessed may be aggregated and the person may be prosecuted 
 53.28  ~~for all of the sales~~ in any county in which one of the sales or 
 53.29  acts of possession occurred. 
 53.30     Sec. 9.  Minnesota Statutes 1996, section 152.022, 
 53.31  subdivision 1, is amended to read: 
 53.32     Subdivision 1.  [SALE CRIMES.] A person is guilty of 
 53.33  controlled substance crime in the second degree if: 
 53.34     (1) on one or more occasions within a 90-day period the 
 53.35  person unlawfully sells one or more mixtures of a total weight 
 53.36  of three grams or more containing cocaine or heroin; 
 54.1      (2) on one or more occasions within a 90-day period the 
 54.2   person unlawfully sells one or more mixtures of a total weight 
 54.3   of ten grams or more containing a narcotic drug other than 
 54.4   cocaine or heroin; 
 54.5      (3) on one or more occasions within a 90-day period the 
 54.6   person unlawfully sells one or more mixtures of a total weight 
 54.7   of ten grams or more containing methamphetamine, amphetamine, 
 54.8   phencyclidine, or hallucinogen or, if the controlled substance 
 54.9   is packaged in dosage units, equaling 50 or more dosage units; 
 54.10     (4) on one or more occasions within a 90-day period the 
 54.11  person unlawfully sells one or more mixtures of a total weight 
 54.12  of 25 kilograms or more containing marijuana or 
 54.13  Tetrahydrocannabinols; 
 54.14     (5) the person unlawfully sells any amount of a schedule I 
 54.15  or II narcotic drug to a person under the age of 18, or 
 54.16  conspires with or employs a person under the age of 18 to 
 54.17  unlawfully sell the substance; or 
 54.18     (6) the person unlawfully sells any of the following in a 
 54.19  school zone, a park zone, a drug treatment facility zone, or a 
 54.20  public housing zone: 
 54.21     (i) any amount of a schedule I or II narcotic drug, or 
 54.22  lysergic acid diethylamide (LSD); 
 54.23     (ii) one or more mixtures containing methamphetamine or 
 54.24  amphetamine; or 
 54.25     (iii) one or more mixtures of a total weight of five 
 54.26  kilograms or more containing marijuana or Tetrahydrocannabinols. 
 54.27     Sec. 10.  Minnesota Statutes 1996, section 152.022, 
 54.28  subdivision 2, is amended to read: 
 54.29     Subd. 2.  [POSSESSION CRIMES.] A person is guilty of 
 54.30  controlled substance crime in the second degree if: 
 54.31     (1) the person unlawfully possesses one or more mixtures of 
 54.32  a total weight of six grams or more containing cocaine or 
 54.33  heroin; 
 54.34     (2) the person unlawfully possesses one or more mixtures of 
 54.35  a total weight of 50 grams or more containing a narcotic drug 
 54.36  other than cocaine or heroin; 
 55.1      (3) the person unlawfully possesses one or more mixtures of 
 55.2   a total weight of 50 grams or more containing methamphetamine, 
 55.3   amphetamine, phencyclidine, or hallucinogen or, if the 
 55.4   controlled substance is packaged in dosage units, equaling 100 
 55.5   or more dosage units; or 
 55.6      (4) the person unlawfully possesses one or more mixtures of 
 55.7   a total weight of 50 kilograms or more containing marijuana or 
 55.8   Tetrahydrocannabinols. 
 55.9      Sec. 11.  Minnesota Statutes 1996, section 152.022, 
 55.10  subdivision 3, is amended to read: 
 55.11     Subd. 3.  [PENALTY.] (a) A person convicted under 
 55.12  subdivision 1 or 2 may be sentenced to imprisonment for not more 
 55.13  than 25 years or to payment of a fine of not more than $500,000, 
 55.14  or both. 
 55.15     (b) If the conviction is a subsequent controlled substance 
 55.16  conviction, a person convicted under subdivision 1 or 2 shall be 
 55.17  committed to the commissioner of corrections for not less than 
 55.18  three years nor more than 40 years and, in addition, may be 
 55.19  sentenced to payment of a fine of not more than $500,000.  
 55.20     (c) In a prosecution under subdivision 1 or 2 involving 
 55.21  sales or acts of possession by the same person in ~~two~~ one or 
 55.22  more counties within a ~~90-day~~ 180-day period, the amounts sold 
 55.23  or possessed may be aggregated and the person may be prosecuted 
 55.24  ~~for all of the sales~~ in any county in which one of the sales or 
 55.25  acts of possession occurred. 
 55.26     Sec. 12.  Minnesota Statutes 1996, section 152.023, 
 55.27  subdivision 2, is amended to read: 
 55.28     Subd. 2.  [POSSESSION CRIMES.] A person is guilty of 
 55.29  controlled substance crime in the third degree if: 
 55.30     (1) the person unlawfully possesses one or more mixtures of 
 55.31  a total weight of three grams or more containing cocaine or 
 55.32  heroin; 
 55.33     (2) the person unlawfully possesses one or more mixtures of 
 55.34  a total weight of ten grams or more containing a narcotic drug 
 55.35  other than cocaine or heroin; 
 55.36     (3) the person unlawfully possesses one or more mixtures 
 56.1   containing a narcotic drug, it is packaged in dosage units, and 
 56.2   equals 50 or more dosage units; 
 56.3      (4) the person unlawfully possesses any amount of a 
 56.4   schedule I or II narcotic drug or five or more dosage units of 
 56.5   lysergic acid diethylamide (LSD) in a school zone, a park 
 56.6   zone, a drug treatment facility zone, or a public housing zone; 
 56.7      (5) the person unlawfully possesses one or more mixtures of 
 56.8   a total weight of ten kilograms or more containing marijuana or 
 56.9   Tetrahydrocannabinols; or 
 56.10     (6) the person unlawfully possesses one or more mixtures 
 56.11  containing methamphetamine or amphetamine in a school zone, a 
 56.12  park zone, or a public housing zone. 
 56.13     Sec. 13.  Minnesota Statutes 1996, section 152.023, 
 56.14  subdivision 3, is amended to read: 
 56.15     Subd. 3.  [PENALTY.] (a) A person convicted under 
 56.16  subdivision 1 or 2 may be sentenced to imprisonment for not more 
 56.17  than 20 years or to payment of a fine of not more than $250,000, 
 56.18  or both. 
 56.19     (b) If the conviction is a subsequent controlled substance 
 56.20  conviction, a person convicted under subdivision 1 or 2 shall be 
 56.21  committed to the commissioner of corrections for not less than 
 56.22  two years nor more than 30 years and, in addition, may be 
 56.23  sentenced to payment of a fine of not more than $250,000.  
 56.24     (c) In a prosecution under subdivision 1 or 2 involving 
 56.25  sales or acts of possession by the same person in one or more 
 56.26  counties within a 180-day period, the amounts sold or possessed 
 56.27  may be aggregated and the person may be prosecuted in any county 
 56.28  in which one of the sales or acts of possession occurred. 
 56.29     Sec. 14.  Minnesota Statutes 1996, section 152.024, 
 56.30  subdivision 1, is amended to read: 
 56.31     Subdivision 1.  [SALE CRIMES.] A person is guilty of 
 56.32  controlled substance crime in the fourth degree if: 
 56.33     (1) the person unlawfully sells one or more mixtures 
 56.34  containing a controlled substance classified in schedule I, II, 
 56.35  or III, except marijuana or Tetrahydrocannabinols; 
 56.36     (2) the person unlawfully sells one or more mixtures 
 57.1   containing a controlled substance classified in schedule IV or V 
 57.2   to a person under the age of 18; 
 57.3      (3) the person conspires with or employs a person under the 
 57.4   age of 18 to unlawfully sell a controlled substance classified 
 57.5   in schedule IV or V; or 
 57.6      (4) the person unlawfully sells any amount of marijuana or 
 57.7   Tetrahydrocannabinols in a school zone, a park zone, a drug 
 57.8   treatment facility zone, or a public housing zone, except a 
 57.9   small amount for no remuneration. 
 57.10     Sec. 15.  Minnesota Statutes 1996, section 152.029, is 
 57.11  amended to read: 
 57.12     152.029 [PUBLIC INFORMATION:  SCHOOL ZONES, PARK ZONES, 
 57.13  DRUG TREATMENT FACILITY ZONES, AND PUBLIC HOUSING ZONES.] 
 57.14     The attorney general shall disseminate information to the 
 57.15  public relating to the penalties for committing controlled 
 57.16  substance crimes in park zones, school zones, drug treatment 
 57.17  facility zones, and public housing zones.  The attorney general 
 57.18  shall draft a plain language version of sections 152.022 and 
 57.19  152.023 and relevant provisions of the sentencing guidelines, 
 57.20  that describes in a clear and coherent manner using words with 
 57.21  common and everyday meanings the content of those provisions.  
 57.22  The attorney general shall publicize and disseminate the plain 
 57.23  language version as widely as practicable, including 
 57.24  distributing the version to school boards, local governments, 
 57.25  and administrators and occupants of drug treatment facilities 
 57.26  and public housing. 
 57.27     Sec. 16.  [EXTENSION OF EXPIRATION DATE.] 
 57.28     Notwithstanding Minnesota Statutes, section 15.059, the 
 57.29  advisory council on drug abuse resistance education expires on 
 57.30  June 30, 1999. 
 57.31     Sec. 17.  [EFFECTIVE DATE.] 
 57.32     Sections 1 to 15 are effective August 1, 1997, and apply to 
 57.33  crimes committed on or after that date.  Section 16 is effective 
 57.34  the day following final enactment. 
 57.35                             ARTICLE 5
 57.36                           SEX OFFENDERS
 58.1      Section 1.  Minnesota Statutes 1996, section 243.166, 
 58.2   subdivision 1, is amended to read: 
 58.3      Subdivision 1.  [REGISTRATION REQUIRED.] (a) A person shall 
 58.4   register under this section if:  
 58.5      (1) the person was charged with or petitioned for a felony 
 58.6   violation of or attempt to violate any of the following, and 
 58.7   convicted of or adjudicated delinquent for that offense or 
 58.8   another offense arising out of the same set of circumstances: 
 58.9      (i) murder under section 609.185, clause (2); 
 58.10     (ii) kidnapping under section 609.25, involving a minor 
 58.11  victim; or 
 58.12     (iii) criminal sexual conduct under section 609.342; 
 58.13  609.343; 609.344; or 609.345; or 
 58.14     (2) the person was charged with or petitioned for falsely 
 58.15  imprisoning a minor in violation of section 609.255, or 
 58.16  soliciting a minor to engage in prostitution in violation of 
 58.17  section 609.322, 609.323, or 609.324, or soliciting a minor to 
 58.18  engage in sexual conduct in violation of section 609.352, or 
 58.19  using a minor in a sexual performance in violation of section 
 58.20  617.246, or possessing pictorial representations of minors in 
 58.21  violation of section 617.247, or engaging in indecent exposure 
 58.22  in violation of section 617.23, subdivision 3, clause (2), and 
 58.23  convicted of or adjudicated delinquent for that offense or 
 58.24  another offense arising out of the same set of circumstances; or 
 58.25     (3) the person was convicted of a predatory crime as 
 58.26  defined in section 609.1352, and the offender was sentenced as a 
 58.27  patterned sex offender or the court found on its own motion or 
 58.28  that of the prosecutor that the crime was part of a predatory 
 58.29  pattern of behavior that had criminal sexual conduct as its 
 58.30  goal; or 
 58.31     (4) the person was convicted of or adjudicated delinquent 
 58.32  for violating a law of the United States similar to the offenses 
 58.33  described in clause (1), (2), or (3). 
 58.34     (b) A person also shall register under this section if: 
 58.35     (1) the person was convicted of or adjudicated delinquent 
 58.36  in another state for an offense that would be a violation of a 
 59.1   law described in paragraph (a) if committed in this state; 
 59.2      (2) the person enters and remains in this state for 30 days 
 59.3   or longer; and 
 59.4      (3) ten years have not elapsed since the person was 
 59.5   released from confinement or, if the person was not confined, 
 59.6   since the person was convicted of or adjudicated delinquent for 
 59.7   the offense that triggers registration.  
 59.8      (c) A person also shall register under this section if the 
 59.9   person was committed pursuant to a court commitment order under 
 59.10  section 253B.185 or Minnesota Statutes 1992, section 526.10, 
 59.11  regardless of whether the person was convicted of any offense. 
 59.12     Sec. 2.  Minnesota Statutes 1996, section 243.166, 
 59.13  subdivision 2, is amended to read: 
 59.14     Subd. 2.  [NOTICE.] When a person who is required to 
 59.15  register under subdivision 1, paragraph (a), is sentenced or 
 59.16  becomes subject to a juvenile court disposition order, the court 
 59.17  shall tell the person of the duty to register under this 
 59.18  section.  The court shall require the person to read and sign a 
 59.19  form stating that the duty of the person to register under this 
 59.20  section has been explained.  If a person required to register 
 59.21  under subdivision 1, paragraph (a), was not notified by the 
 59.22  court of the registration requirement at the time of sentencing 
 59.23  or disposition, the assigned corrections agent shall notify the 
 59.24  person of the requirements of this section.  When a person who 
 59.25  is required to register under subdivision 1, paragraph (c), is 
 59.26  released from commitment, the treatment facility shall notify 
 59.27  the person of the requirements of this section.  The treatment 
 59.28  facility shall also obtain the registration information required 
 59.29  under this section and forward it to the bureau of criminal 
 59.30  apprehension. 
 59.31     Sec. 3.  Minnesota Statutes 1996, section 243.166, 
 59.32  subdivision 3, is amended to read: 
 59.33     Subd. 3.  [REGISTRATION PROCEDURE.] (a) A person required 
 59.34  to register under this section shall register with the 
 59.35  corrections agent as soon as the agent is assigned to the 
 59.36  person.  If the person does not have an assigned corrections 
 60.1   agent or is unable to locate the assigned corrections agent, the 
 60.2   person shall register with the law enforcement agency that has 
 60.3   jurisdiction in the area of the person's residence. 
 60.4      (b) At least five days before the person ~~changes residence~~ 
 60.5   starts living at a new address, including ~~changing residence to~~ 
 60.6   living in another state, the person shall give written notice of 
 60.7   the ~~address of the new residence~~ new living address to the 
 60.8   assigned corrections agent or to the law enforcement authority 
 60.9   with which the person currently is registered.  ~~An offender is~~ 
 60.10  ~~deemed to change residence when the offender remains at a new~~ 
 60.11  ~~address for longer than three days and evinces an intent to take~~ 
 60.12  ~~up residence there.~~  If the person will be living in a new state 
 60.13  and that state has a registration requirement, the person shall 
 60.14  also give written notice of the new address to the designated 
 60.15  registration agency in the new state.  The corrections agent or 
 60.16  law enforcement authority shall, within two business days after 
 60.17  receipt of this information, forward it to the bureau of 
 60.18  criminal apprehension.  The bureau of criminal apprehension 
 60.19  shall, if it has not already been done, notify the law 
 60.20  enforcement authority having primary jurisdiction in the 
 60.21  community where the person will live of the new address.  If the 
 60.22  person is leaving the state, the bureau of criminal apprehension 
 60.23  shall notify the registration authority in the new state of the 
 60.24  new address. 
 60.25     Sec. 4.  Minnesota Statutes 1996, section 243.166, 
 60.26  subdivision 4, is amended to read: 
 60.27     Subd. 4.  [CONTENTS OF REGISTRATION.] (a) The registration 
 60.28  provided to the corrections agent or law enforcement authority, 
 60.29  must consist of a statement in writing signed by the person, 
 60.30  giving information required by the bureau of criminal 
 60.31  apprehension, a fingerprint card, and photograph of the person 
 60.32  taken at the time of the person's release from incarceration or, 
 60.33  if the person was not incarcerated, at the time the person 
 60.34  initially registered under this section.  
 60.35     (b) Within three days, the corrections agent or law 
 60.36  enforcement authority shall forward the statement, fingerprint 
 61.1   card, and photograph to the bureau of criminal apprehension.  
 61.2   The bureau shall ascertain whether the person has registered 
 61.3   with the law enforcement authority where the person resides.  If 
 61.4   the person has not registered with the law enforcement 
 61.5   authority, the bureau shall send one copy to that authority.  
 61.6      (c) During the period a person is required to register 
 61.7   under this section, the following shall apply: 
 61.8      (1) Each year, within 30 days of the anniversary date of 
 61.9   the person's initial registration, the bureau of criminal 
 61.10  apprehension shall mail a verification form to the last reported 
 61.11  address of the person. 
 61.12     (2) The person shall mail the signed verification form back 
 61.13  to the bureau of criminal apprehension within ten days after 
 61.14  receipt of the form, stating on the form the current and last 
 61.15  address of the person. 
 61.16     (3) If the person fails to mail the completed and signed 
 61.17  verification form to the bureau of criminal apprehension within 
 61.18  ten days after receipt of the form, the person shall be in 
 61.19  violation of this section. 
 61.20     Sec. 5.  Minnesota Statutes 1996, section 244.052, 
 61.21  subdivision 3, is amended to read: 
 61.22     Subd. 3.  [END-OF-CONFINEMENT REVIEW COMMITTEE.] (a) The 
 61.23  commissioner of corrections shall establish and administer 
 61.24  end-of-confinement review committees at each state correctional 
 61.25  facility and at each state treatment facility where sex 
 61.26  offenders are confined.  The committees shall assess on a 
 61.27  case-by-case basis: 
 61.28     (1) the public risk posed by sex offenders who are about to 
 61.29  be released from confinement; and 
 61.30     (2) the public risk posed by sex offenders who are accepted 
 61.31  from another state under a reciprocal agreement under the 
 61.32  interstate compact authorized by section 243.16.  
 61.33     (b) Each committee shall be a standing committee and shall 
 61.34  consist of the following members appointed by the commissioner: 
 61.35     (1) the chief executive officer or head of the correctional 
 61.36  or treatment facility where the offender is currently confined, 
 62.1   or that person's designee; 
 62.2      (2) a law enforcement officer; 
 62.3      (3) a treatment professional who is trained in the 
 62.4   assessment of sex offenders; 
 62.5      (4) a caseworker experienced in supervising sex offenders; 
 62.6   and 
 62.7      (5) an employee of the department of corrections from the 
 62.8   victim's services unit. 
 62.9      Members of the committee, other than the facility's chief 
 62.10  executive officer or head, shall be appointed by the 
 62.11  commissioner to two-year terms.  The chief executive officer or 
 62.12  head of the facility or designee shall act as chair of the 
 62.13  committee and shall use the facility's staff, as needed, to 
 62.14  administer the committee, obtain necessary information from 
 62.15  outside sources, and prepare risk assessment reports on 
 62.16  offenders. 
 62.17     (c) The committee shall have access to the following data 
 62.18  on a sex offender only for the purposes of its assessment and to 
 62.19  defend the committee's decision upon administrative review under 
 62.20  this section: 
 62.21     (1) private medical data under section 13.42 or 144.335, or 
 62.22  welfare data under section 13.46 that relate to medical 
 62.23  treatment of the offender; 
 62.24     (2) private and confidential court services data under 
 62.25  section 13.84; 
 62.26     (3) private and confidential corrections data under section 
 62.27  13.85; and 
 62.28     (4) private criminal history data under section 13.87. 
 62.29     Data collected and maintained by the committee under this 
 62.30  paragraph may not be disclosed outside the committee, except as 
 62.31  provided under section 13.05, subdivision 3 or 4.  The sex 
 62.32  offender has access to data on the offender collected and 
 62.33  maintained by the committee, unless the data are confidential 
 62.34  data received under this paragraph. 
 62.35     (d) At least 90 days before a sex offender is to be 
 62.36  released from confinement or accepted for supervision, the 
 63.1   commissioner of corrections shall convene the appropriate 
 63.2   end-of-confinement review committee for the purpose of assessing 
 63.3   the risk presented by the offender and determining the risk 
 63.4   level to which the offender shall be assigned under paragraph 
 63.5   (e).  The offender shall be notified of the time and place of 
 63.6   the committee's meeting and has a right to be present and be 
 63.7   heard at the meeting.  The committee shall use the risk factors 
 63.8   described in paragraph (g) and the risk assessment scale 
 63.9   developed under subdivision 2 to determine the offender's risk 
 63.10  assessment score and risk level.  Offenders scheduled for 
 63.11  release from confinement shall be assessed by the committee 
 63.12  established at the facility from which the offender is to be 
 63.13  released.  Offenders accepted for supervision shall be assessed 
 63.14  by whichever committee the commissioner directs. 
 63.15     (e) The committee shall assign to risk level I a sex 
 63.16  offender whose risk assessment score indicates a low risk of 
 63.17  reoffense.  The committee shall assign to risk level II an 
 63.18  offender whose risk assessment score indicates a moderate risk 
 63.19  of reoffense.  The committee shall assign to risk level III an 
 63.20  offender whose risk assessment score indicates a high risk of 
 63.21  reoffense. 
 63.22     (f) Before the sex offender is released from confinement or 
 63.23  accepted for supervision, the committee shall prepare a risk 
 63.24  assessment report which specifies the risk level to which the 
 63.25  offender has been assigned and the reasons underlying the 
 63.26  committee's risk assessment decision.  The committee shall give 
 63.27  the report to the offender and to the law enforcement agency at 
 63.28  least 60 days before an offender is released from confinement or 
 63.29  accepted for supervision.  The committee also shall inform the 
 63.30  offender of the availability of review under subdivision 6. 
 63.31     (g) As used in this subdivision, "risk factors" includes, 
 63.32  but is not limited to, the following factors: 
 63.33     (1) the seriousness of the offense should the offender 
 63.34  reoffend.  This factor includes consideration of the following:  
 63.35     (i) the degree of likely force or harm; 
 63.36     (ii) the degree of likely physical contact; and 
 64.1      (iii) the age of the likely victim; 
 64.2      (2) the offender's prior offense history.  This factor 
 64.3   includes consideration of the following: 
 64.4      (i) the relationship of prior victims to the offender; 
 64.5      (ii) the number of prior offenses or victims; 
 64.6      (iii) the duration of the offender's prior offense history; 
 64.7      (iv) the length of time since the offender's last prior 
 64.8   offense while the offender was at risk to commit offenses; and 
 64.9      (v) the offender's prior history of other antisocial acts; 
 64.10     (3) the offender's characteristics.  This factor includes 
 64.11  consideration of the following:  
 64.12     (i) the offender's response to prior treatment efforts; and 
 64.13     (ii) the offender's history of substance abuse; 
 64.14     (4) the availability of community supports to the offender. 
 64.15  This factor includes consideration of the following: 
 64.16     (i) the availability and likelihood that the offender will 
 64.17  be involved in therapeutic treatment; 
 64.18     (ii) the availability of residential supports to the 
 64.19  offender, such as a stable and supervised living arrangement in 
 64.20  an appropriate location; 
 64.21     (iii) the offender's familial and social relationships, 
 64.22  including the nature and length of these relationships and the 
 64.23  level of support that the offender may receive from these 
 64.24  persons; and 
 64.25     (iv) the offender's lack of education or employment 
 64.26  stability; 
 64.27     (5) whether the offender has indicated or credible evidence 
 64.28  in the record indicates that the offender will reoffend if 
 64.29  released into the community; and 
 64.30     (6) whether the offender demonstrates a physical condition 
 64.31  that minimizes the risk of reoffense, including but not limited 
 64.32  to, advanced age or a debilitating illness or physical condition.
 64.33     (h) Upon the request of the law enforcement agency or the 
 64.34  offender's corrections agent, the commissioner may reconvene the 
 64.35  end-of-confinement review committee for the purpose of 
 64.36  reassessing the risk level to which an offender has been 
 65.1   assigned under paragraph (e).  In a request for a reassessment, 
 65.2   the law enforcement agency or agent shall list the facts and 
 65.3   circumstances arising after the initial assignment under 
 65.4   paragraph (e) which support the request for a reassessment.  
 65.5   Upon review of the request, the end-of-confinement review 
 65.6   committee may reassign an offender to a different risk level.  
 65.7   If the offender is reassigned to a higher risk level, the 
 65.8   offender has the right to seek review of the committee's 
 65.9   determination under subdivision 6. 
 65.10     (i) An offender may request the end-of-confinement review 
 65.11  committee to reassess the offender's assigned risk level after 
 65.12  two years have elapsed since the committee's initial risk 
 65.13  assessment and may renew the request once every two years 
 65.14  following subsequent denials.  In a request for reassessment, 
 65.15  the offender shall list the facts and circumstances which 
 65.16  demonstrate that the offender no longer poses the same degree of 
 65.17  risk to the community.  The committee shall follow the process 
 65.18  outlined in paragraphs (a) to (e), and (g) in the reassessment.  
 65.19     Sec. 6.  Minnesota Statutes 1996, section 244.052, 
 65.20  subdivision 4, is amended to read: 
 65.21     Subd. 4.  [LAW ENFORCEMENT AGENCY; DISCLOSURE OF 
 65.22  INFORMATION TO PUBLIC.] (a) The law enforcement agency in the 
 65.23  area where the sex offender resides, expects to reside, is 
 65.24  employed, or is regularly found, ~~is authorized to~~ shall disclose 
 65.25  ~~information~~ to the public any information regarding the offender 
 65.26  contained in the report forwarded to the agency under 
 65.27  subdivision 3, paragraph (f), if the agency determines that 
 65.28  disclosure of the information is relevant and necessary to 
 65.29  protect the public and to counteract the offender's 
 65.30  dangerousness.  The extent of the information disclosed and the 
 65.31  community to whom disclosure is made must relate to the level of 
 65.32  danger posed by the offender, to the offender's pattern of 
 65.33  offending behavior, and to the need of community members for 
 65.34  information to enhance their individual and collective safety. 
 65.35     (b) The law enforcement agency shall consider the following 
 65.36  guidelines in determining the scope of disclosure made under 
 66.1   this subdivision: 
 66.2      (1) if the offender is assigned to risk level I, the agency 
 66.3   may maintain information regarding the offender within the 
 66.4   agency and may disclose it to other law enforcement agencies.  
 66.5   Additionally, the agency may disclose the information to any 
 66.6   victims of or witnesses to the offense committed by the offender.
 66.7   The agency shall disclose the information to victims of the 
 66.8   offense committed by the offender who have requested disclosure; 
 66.9      (2) if the offender is assigned to risk level II, the 
 66.10  agency also may disclose the information to ~~the following~~ 
 66.11  individuals, agencies and groups that the offender is likely to 
 66.12  encounter~~:~~ for the purpose of securing those institutions and 
 66.13  protecting individuals in their care while they are on or near 
 66.14  the premises of the institution.  These individuals, agencies, 
 66.15  and groups include but are not limited to the staff members of 
 66.16  public and private educational institutions~~;~~, day care 
 66.17  establishments~~;~~, and establishments and organizations that 
 66.18  primarily serve individuals likely to be victimized by the 
 66.19  offender; 
 66.20     (3) if the offender is assigned to risk level III, the 
 66.21  agency also may disclose the information to other members of the 
 66.22  community whom the offender is likely to encounter. 
 66.23     Notwithstanding the assignment of a sex offender to risk 
 66.24  level II or III, a law enforcement agency may not make the 
 66.25  disclosures permitted by clause (2) or (3), if:  the offender is 
 66.26  placed or resides in a residential facility that is licensed as 
 66.27  a residential program, as defined in section 245A.02, 
 66.28  subdivision 14, by the commissioner of human services under 
 66.29  chapter 254A, or the commissioner of corrections under section 
 66.30  241.021; and the facility and its staff are trained in the 
 66.31  supervision of sex offenders.  However, if an offender is placed 
 66.32  or resides in a licensed facility, the head of the facility 
 66.33  shall notify the ~~law enforcement agency before the end of the~~ 
 66.34  ~~offender's placement or residence in the facility.  Upon~~ 
 66.35  ~~receiving this notification,~~ commissioner of corrections or the 
 66.36  commissioner of human services within 48 hours after finalizing 
 67.1   the offender's approved relocation plan to a permanent 
 67.2   residence.  Within five days after receiving this notification, 
 67.3   the appropriate commissioner shall give to the appropriate law 
 67.4   enforcement agency all relevant information the commissioner has 
 67.5   concerning the offender, including information on the risk 
 67.6   factors in the offender's history and the risk level to which 
 67.7   the offender was assigned.  After receiving this information, 
 67.8   the law enforcement agency may make the disclosures permitted by 
 67.9   clause (2) or (3), as appropriate. 
 67.10     (c) As used in paragraph (b), clauses (2) and (3), "likely 
 67.11  to encounter" means that:  
 67.12     (1) the organizations or community members are in a 
 67.13  location or in close proximity to a location where the offender 
 67.14  lives or is employed, or which the offender visits or is likely 
 67.15  to visit on a regular basis, other than the location of the 
 67.16  offender's outpatient treatment program; and 
 67.17     (2) the types of interaction which ordinarily occur at that 
 67.18  location and other circumstances indicate that contact with the 
 67.19  offender is reasonably certain. 
 67.20     (d) A law enforcement agency or official who decides to 
 67.21  disclose information under this subdivision shall make a good 
 67.22  faith effort to make the notification at least 14 days before an 
 67.23  offender is released from confinement or accepted for 
 67.24  supervision.  If a change occurs in the release plan, this 
 67.25  notification provision does not require an extension of the 
 67.26  release date.  
 67.27     (e) A law enforcement agency or official that decides to 
 67.28  disclose information under this subdivision shall ~~make a good~~ 
 67.29  ~~faith effort to conceal~~ not disclose the identity of the ~~victim~~ 
 67.30  ~~or~~ victims of or witnesses to the offender's ~~offense~~ offenses. 
 67.31     (f) A law enforcement agency may continue to disclose 
 67.32  information on an offender under this subdivision for as long as 
 67.33  the offender is required to register under section 243.166. 
 67.34     Sec. 7.  Minnesota Statutes 1996, section 244.052, 
 67.35  subdivision 5, is amended to read: 
 67.36     Subd. 5.  [RELEVANT INFORMATION PROVIDED TO LAW 
 68.1   ENFORCEMENT.] At least 60 days before a sex offender is released 
 68.2   from confinement or accepted for supervision, the department of 
 68.3   corrections or the department of human services, in the case of 
 68.4   a person who was committed under section 253B.185 or Minnesota 
 68.5   Statutes 1992, section 526.10, shall ~~provide~~ give to the 
 68.6   ~~appropriate~~ law enforcement agency that investigated the 
 68.7   offender's crime of conviction or, where relevant, the law 
 68.8   enforcement agency having primary jurisdiction where the 
 68.9   offender was committed, all relevant information that the 
 68.10  departments have concerning the offender, including information 
 68.11  on risk factors in the offender's history.  Within five days 
 68.12  after receiving the offender's approved release plan from the 
 68.13  office of adult release, the appropriate department shall give 
 68.14  to the law enforcement agency having primary jurisdiction where 
 68.15  the offender plans to reside all relevant information the 
 68.16  department has concerning the offender, including information on 
 68.17  risk factors in the offender's history and the risk level to 
 68.18  which the offender was assigned. 
 68.19     Sec. 8.  Minnesota Statutes 1996, section 244.052, 
 68.20  subdivision 6, is amended to read: 
 68.21     Subd. 6.  [ADMINISTRATIVE REVIEW.] (a) An offender assigned 
 68.22  or reassigned to risk level II or III under subdivision 3, 
 68.23  paragraph (e) or (h), has the right to seek administrative 
 68.24  review of an end-of-confinement review committee's risk 
 68.25  assessment determination.  The offender must exercise this right 
 68.26  within 14 days of receiving notice of the committee's decision 
 68.27  by notifying the chair of the committee.  Upon receiving the 
 68.28  request for administrative review, the chair shall notify:  (1) 
 68.29  the offender~~,~~; (2) the victim or victims of the offender's 
 68.30  offense who have requested disclosure or their designee~~,~~; (3) 
 68.31  the law enforcement agency~~,~~ that investigated the offender's 
 68.32  crime of conviction or, where relevant, the law enforcement 
 68.33  agency having primary jurisdiction where the offender was 
 68.34  committed; (4) the law enforcement agency having jurisdiction 
 68.35  where the offender expects to reside, providing that the release 
 68.36  plan has been approved by the office of adult release of the 
 69.1   department of corrections; (5) and any other individuals the 
 69.2   chair may select~~, of~~.  The notice shall state the time and place 
 69.3   of the hearing.  A request for a review hearing shall not 
 69.4   interfere with or delay the notification process under 
 69.5   subdivision 4 or 5, unless the administrative law judge orders 
 69.6   otherwise for good cause shown. 
 69.7      (b) An offender who requests a review hearing must be given 
 69.8   a reasonable opportunity to prepare for the hearing.  The review 
 69.9   hearing shall be conducted on the record before an 
 69.10  administrative law judge.  The review hearing shall be conducted 
 69.11  at the correctional facility in which the offender is currently 
 69.12  confined.  If the offender no longer is incarcerated, the 
 69.13  administrative law judge shall determine the place where the 
 69.14  review hearing will be conducted.  The offender has the burden 
 69.15  of proof to show, by a preponderance of the evidence, that the 
 69.16  end-of-confinement review committee's risk assessment 
 69.17  determination was erroneous.  The attorney general or a designee 
 69.18  shall defend the end-of-confinement review committee's 
 69.19  determination.  The offender has the right to be present and be 
 69.20  represented by counsel at the hearing, to present evidence in 
 69.21  support of the offender's position, to call supporting witnesses 
 69.22  and to cross-examine witnesses testifying in support of the 
 69.23  committee's determination.  Counsel for indigent offenders shall 
 69.24  be provided by the Legal Advocacy Project of the state public 
 69.25  defender's office.  
 69.26     (c) After the hearing is concluded, the administrative law 
 69.27  judge shall decide whether the end-of-confinement review 
 69.28  committee's risk assessment determination was erroneous and, 
 69.29  based on this decision, shall either uphold or modify the review 
 69.30  committee's determination.  The judge's decision shall be in 
 69.31  writing and shall include the judge's reasons for the decision.  
 69.32  The judge's decision shall be final and a copy of it shall be 
 69.33  given to the offender, the victim, the law enforcement agency, 
 69.34  and the chair of the end-of-confinement review committee. 
 69.35     (d) The review hearing is subject to the contested case 
 69.36  provisions of chapter 14. 
 70.1      (e) The administrative law judge may seal any portion of 
 70.2   the record of the administrative review hearing. 
 70.3      Sec. 9.  Minnesota Statutes 1996, section 609.135, is 
 70.4   amended by adding a subdivision to read: 
 70.5      Subd. 1c.  [FAILURE TO COMPLETE COURT-ORDERED 
 70.6   TREATMENT.] If the court orders a defendant to undergo sex 
 70.7   offender treatment as a condition of probation and if the 
 70.8   defendant fails to successfully complete treatment at least 60 
 70.9   days before the term of probation expires, the prosecutor or the 
 70.10  defendant's probation officer may ask the court to hold a 
 70.11  hearing to determine whether the conditions of probation should 
 70.12  be changed or probation should be revoked.  The court shall 
 70.13  schedule and hold this hearing and take appropriate action, 
 70.14  including action under subdivision 2, paragraph (h), before the 
 70.15  defendant's term of probation expires. 
 70.16     Sec. 10.  Minnesota Statutes 1996, section 609.135, 
 70.17  subdivision 2, is amended to read: 
 70.18     Subd. 2.  (a) If the conviction is for a felony the stay 
 70.19  shall be for not more than four years or the maximum period for 
 70.20  which the sentence of imprisonment might have been imposed, 
 70.21  whichever is longer. 
 70.22     (b) If the conviction is for a gross misdemeanor violation 
 70.23  of section 169.121 or 169.129, the stay shall be for not more 
 70.24  than four years.  The court shall provide for unsupervised 
 70.25  probation for the last one year of the stay unless the court 
 70.26  finds that the defendant needs supervised probation for all or 
 70.27  part of the last one year. 
 70.28     (c) If the conviction is for a gross misdemeanor not 
 70.29  specified in paragraph (b), the stay shall be for not more than 
 70.30  two years. 
 70.31     (d) If the conviction is for any misdemeanor under section 
 70.32  169.121; 609.746, subdivision 1; 609.79; or 617.23; or for a 
 70.33  misdemeanor under section 609.2242 or 609.224, subdivision 1, in 
 70.34  which the victim of the crime was a family or household member 
 70.35  as defined in section 518B.01, the stay shall be for not more 
 70.36  than two years.  The court shall provide for unsupervised 
 71.1   probation for the second year of the stay unless the court finds 
 71.2   that the defendant needs supervised probation for all or part of 
 71.3   the second year. 
 71.4      (e) If the conviction is for a misdemeanor not specified in 
 71.5   paragraph (d), the stay shall be for not more than one year.  
 71.6      (f) The defendant shall be discharged six months after the 
 71.7   term of the stay expires, unless the stay has been revoked or 
 71.8   extended under paragraph (g) or (h), or the defendant has 
 71.9   already been discharged. 
 71.10     (g) Notwithstanding the maximum periods specified for stays 
 71.11  of sentences under paragraphs (a) to (f), a court may extend a 
 71.12  defendant's term of probation for up to one year if it finds, at 
 71.13  a hearing conducted under subdivision 1a, that: 
 71.14     (1) the defendant has not paid court-ordered restitution or 
 71.15  a fine in accordance with the payment schedule or structure; and 
 71.16     (2) the defendant is likely to not pay the restitution or 
 71.17  fine the defendant owes before the term of probation expires.  
 71.18  This one-year extension of probation for failure to pay 
 71.19  restitution or a fine may be extended by the court for up to one 
 71.20  additional year if the court finds, at another hearing conducted 
 71.21  under subdivision 1a, that the defendant still has not paid the 
 71.22  court-ordered restitution or fine that the defendant owes. 
 71.23     (h) Notwithstanding the maximum periods specified for stays 
 71.24  of sentences under paragraphs (a) to (f), a court may extend a 
 71.25  defendant's term of probation for up to three years if it finds, 
 71.26  at a hearing conducted under subdivision 1c, that: 
 71.27     (1) the defendant has failed to complete court-ordered sex 
 71.28  offender treatment successfully; and 
 71.29     (2) the defendant is likely not to complete court-ordered 
 71.30  treatment before the term of probation expires. 
 71.31     Sec. 11.  Minnesota Statutes 1996, section 609.3451, 
 71.32  subdivision 3, is amended to read: 
 71.33     Subd. 3.  [FELONY.] A person is guilty of a felony and may 
 71.34  be sentenced to imprisonment for not more than five years or to 
 71.35  payment of a fine of not more than $10,000, or both, if the 
 71.36  person violates subdivision 1, clause (2), after having been 
 72.1   previously convicted of or adjudicated delinquent for violating 
 72.2   subdivision 1, clause (2); section 617.23, ~~paragraph~~ 
 72.3   ~~(b)~~ subdivision 2, clause (1); or a statute from another state 
 72.4   in conformity with subdivision 1, clause (2), or section 617.23, 
 72.5   ~~paragraph (b)~~ subdivision 2, clause (1). 
 72.6      Sec. 12.  Minnesota Statutes 1996, section 609.3461, 
 72.7   subdivision 1, is amended to read: 
 72.8      Subdivision 1.  [UPON SENTENCING.] The court shall order an 
 72.9   offender to provide a biological specimen for the purpose of DNA 
 72.10  analysis as defined in section 299C.155 when: 
 72.11     (1) the court sentences a person charged with violating or 
 72.12  attempting to violate section 609.342, 609.343, 609.344, ~~or~~ 
 72.13  609.345, or 617.23, subdivision 3, clause (2), who is convicted 
 72.14  of violating one of those sections or of any offense arising out 
 72.15  of the same set of circumstances; 
 72.16     (2) the court sentences a person as a patterned sex 
 72.17  offender under section 609.1352; or 
 72.18     (3) the juvenile court adjudicates a person a delinquent 
 72.19  child who is the subject of a delinquency petition for violating 
 72.20  or attempting to violate section 609.342, 609.343, 609.344, or 
 72.21  609.345, and the delinquency adjudication is based on a 
 72.22  violation of one of those sections or of any offense arising out 
 72.23  of the same set of circumstances.  The biological specimen or 
 72.24  the results of the analysis shall be maintained by the bureau of 
 72.25  criminal apprehension as provided in section 299C.155.  
 72.26     Sec. 13.  Minnesota Statutes 1996, section 609.3461, 
 72.27  subdivision 2, is amended to read: 
 72.28     Subd. 2.  [BEFORE RELEASE.] If a person convicted of 
 72.29  violating or attempting to violate section 609.185, clause (2), 
 72.30  609.342, 609.343, 609.344, ~~or~~ 609.345, or 617.23, subdivision 3, 
 72.31  clause (2), or initially charged with violating one of those 
 72.32  sections and convicted of another offense arising out of the 
 72.33  same set of circumstances, or sentenced as a patterned sex 
 72.34  offender under section 609.1352, and committed to the custody of 
 72.35  the commissioner of corrections, or serving a term of 
 72.36  imprisonment in this state under a reciprocal agreement although 
 73.1   convicted in another state of an offense described in this 
 73.2   subdivision or a similar law of the United States or any other 
 73.3   state, has not provided a biological specimen for the purpose of 
 73.4   DNA analysis, the commissioner of corrections or local 
 73.5   corrections authority shall order the person to provide a 
 73.6   biological specimen for the purpose of DNA analysis before 
 73.7   completion of the person's term of imprisonment.  The 
 73.8   commissioner of corrections or local corrections authority shall 
 73.9   forward the sample to the bureau of criminal apprehension. 
 73.10     Sec. 14.  Minnesota Statutes 1996, section 609.347, 
 73.11  subdivision 7, is amended to read: 
 73.12     Subd. 7.  [EFFECT OF STATUTE ON RULES.] Rule ~~404, paragraph~~ 
 73.13  ~~(c)~~ 412 of the Rules of Evidence is superseded to the extent of 
 73.14  its conflict with this section. 
 73.15     Sec. 15.  Minnesota Statutes 1996, section 609.746, 
 73.16  subdivision 1, is amended to read: 
 73.17     Subdivision 1.  [SURREPTITIOUS INTRUSION; OBSERVATION 
 73.18  DEVICE.] (a) A person is guilty of a misdemeanor who: 
 73.19     (1) enters upon another's property; 
 73.20     (2) surreptitiously gazes, stares, or peeps in the window 
 73.21  or any other aperture of a house or place of dwelling of 
 73.22  another; and 
 73.23     (3) does so with intent to intrude upon or interfere with 
 73.24  the privacy of a member of the household. 
 73.25     (b) A person is guilty of a misdemeanor who: 
 73.26     (1) enters upon another's property; 
 73.27     (2) surreptitiously installs or uses any device for 
 73.28  observing, photographing, recording, amplifying, or broadcasting 
 73.29  sounds or events through the window or any other aperture of a 
 73.30  house or place of dwelling of another; and 
 73.31     (3) does so with intent to intrude upon or interfere with 
 73.32  the privacy of a member of the household. 
 73.33     (c) A person is guilty of a misdemeanor who: 
 73.34     (1) surreptitiously gazes, stares, or peeps in the window 
 73.35  or other aperture of a sleeping room in a hotel, as defined in 
 73.36  section 327.70, subdivision 3, a tanning booth, or other place 
 74.1   where a reasonable person would have an expectation of privacy 
 74.2   and has exposed or is likely to expose their intimate parts, as 
 74.3   defined in section 609.341, subdivision 5, or the clothing 
 74.4   covering the immediate area of the intimate parts; and 
 74.5      (2) does so with intent to intrude upon or interfere with 
 74.6   the privacy of the occupant. 
 74.7      (d) A person is guilty of a misdemeanor who: 
 74.8      (1) surreptitiously installs or uses any device for 
 74.9   observing, photographing, recording, amplifying, or broadcasting 
 74.10  sounds or events through the window or other aperture of a 
 74.11  sleeping room in a hotel, as defined in section 327.70, 
 74.12  subdivision 3, a tanning booth, or other place where a 
 74.13  reasonable person would have an expectation of privacy and has 
 74.14  exposed or is likely to expose their intimate parts, as defined 
 74.15  in section 609.341, subdivision 5, or the clothing covering the 
 74.16  immediate area of the intimate parts; and 
 74.17     (2) does so with intent to intrude upon or interfere with 
 74.18  the privacy of the occupant. 
 74.19     (e) A person is guilty of a gross misdemeanor if the person:
 74.20     (1) violates this subdivision after a previous conviction 
 74.21  under this subdivision or section 609.749; or 
 74.22     (2) violates this subdivision in the presence of a minor 
 74.23  under the age of 16, knowing or having reason to know that the 
 74.24  minor is present. 
 74.25     (f) Paragraphs (b) and (d) do not apply to law enforcement 
 74.26  officers or corrections investigators, or to those acting under 
 74.27  their direction, while engaged in the performance of their 
 74.28  lawful duties.  Paragraphs (c) and (d) do not apply to conduct 
 74.29  in:  (1) a medical facility; or (2) a commercial establishment 
 74.30  if the owner of the establishment has posted conspicuous signs 
 74.31  warning that the premises are under surveillance by the owner or 
 74.32  the owner's employees. 
 74.33     Sec. 16.  Minnesota Statutes 1996, section 617.23, is 
 74.34  amended to read: 
 74.35     617.23 [INDECENT EXPOSURE; PENALTIES.] 
 74.36     ~~(a)~~ Subdivision 1.  [MISDEMEANOR.] A person ~~is guilty of a~~ 
 75.1   ~~misdemeanor~~ who commits any of the following acts in any public 
 75.2   place, or in any place where others are present, is guilty of a 
 75.3   misdemeanor:  
 75.4      (1) willfully and lewdly exposes the person's body, or the 
 75.5   private parts thereof; 
 75.6      (2) procures another to expose private parts; or 
 75.7      (3) engages in any open or gross lewdness or lascivious 
 75.8   behavior, or any public indecency other than behavior specified 
 75.9   in ~~clause (1) or (2) or~~ this ~~clause~~ subdivision. 
 75.10     ~~(b)~~ Subd. 2.  [GROSS MISDEMEANOR.] A person who commits any 
 75.11  of the following acts is guilty of a gross misdemeanor ~~if~~: 
 75.12     (1) the person violates this section in the presence of a 
 75.13  minor under the age of 16; or 
 75.14     (2) the person violates this section after having been 
 75.15  previously convicted of violating this section, sections 609.342 
 75.16  to 609.3451, or a statute from another state in conformity with 
 75.17  any of those sections. 
 75.18     ~~(c)~~ Subd. 3.  [FELONY.] A person is guilty of a felony and 
 75.19  may be sentenced to imprisonment for not more than five years or 
 75.20  to payment of a fine of not more than $10,000, or both, if: 
 75.21     (1) the person violates ~~paragraph (b)~~ subdivision 2, clause 
 75.22  (1), after having been previously convicted of or adjudicated 
 75.23  delinquent for violating ~~paragraph (b)~~ subdivision 2, clause 
 75.24  (1); section 609.3451, subdivision 1, clause (2); or a statute 
 75.25  from another state in conformity with ~~paragraph (b)~~ subdivision 
 75.26  2, clause (1), or section 609.3451, subdivision 1, clause (2); 
 75.27  or 
 75.28     (2) the person commits a violation of subdivision 1, clause 
 75.29  (1), in the presence of another person while intentionally 
 75.30  confining that person or otherwise intentionally restricting 
 75.31  that person's freedom to move.  
 75.32     Sec. 17.  [COMMUNITY NOTIFICATION CONCERNING SEX OFFENDERS 
 75.33  CONFINED IN FEDERAL PRISONS; PLAN AND REPORT REQUIRED.] 
 75.34     Subdivision 1.  [DEFINITIONS.] As used in this section: 
 75.35     (1) "community notification" means the public disclosure of 
 75.36  information about sex offenders by local law enforcement 
 76.1   agencies under Minnesota Statutes, section 244.052; 
 76.2      (2) "federal prison" means a correctional facility 
 76.3   administered by the federal Bureau of Prisons in which sex 
 76.4   offenders are or may be confined; and 
 76.5      (3) "sex offender" means a person who has been convicted of 
 76.6   a federal offense for which registration under Minnesota 
 76.7   Statutes, section 243.166, is required. 
 76.8      Subd. 2.  [DEVELOPMENT OF PLAN.] The commissioner of 
 76.9   corrections shall collaborate with the federal Bureau of Prisons 
 76.10  and the chief executive officer of any federal prison located in 
 76.11  this state in developing a community notification plan 
 76.12  concerning sex offenders confined in federal prisons in 
 76.13  Minnesota who intend to reside in this state upon release.  The 
 76.14  plan shall address the following matters: 
 76.15     (1) the membership and operation of the end-of-confinement 
 76.16  review committees that will operate in the federal prisons to 
 76.17  conduct risk assessments on sex offenders who intend to reside 
 76.18  in Minnesota upon release; 
 76.19     (2) the classification and use of data on sex offenders 
 76.20  that are collected or maintained by the committees; 
 76.21     (3) the procedures governing the sex offender's 
 76.22  participation in the committee's meetings; 
 76.23     (4) the process for a sex offender to seek review of the 
 76.24  committee's risk assessment determination; and 
 76.25     (5) any other matters deemed important by the commissioner 
 76.26  and the federal authorities. 
 76.27     Subd. 3.  [REPORT TO LEGISLATURE.] On or before February 1, 
 76.28  1998, the commissioner of corrections shall file a report with 
 76.29  the chairs of the house judiciary committee and the senate crime 
 76.30  prevention committee.  The report shall summarize the community 
 76.31  notification plan agreed to by the commissioner and the federal 
 76.32  Bureau of Prisons and shall specify the statutory changes needed 
 76.33  to accomplish that plan. 
 76.34     Sec. 18.  [EFFECTIVE DATE.] 
 76.35     Sections 1 to 4 are effective August 1, 1997, and apply to 
 76.36  persons who are released from prison on or after that date, or 
 77.1   who are under supervision as of that date, or who enter this 
 77.2   state on or after that date.  Sections 9 to 13, 15, and 16 are 
 77.3   effective August 1, 1997, and apply to crimes committed on or 
 77.4   after that date.  Sections 5 to 8 are effective the day 
 77.5   following final enactment and apply to offenders sentenced or 
 77.6   released from confinement on that date. 
 77.7                              ARTICLE 6
 77.8              CHILD PROTECTION AND TEEN COURT PROVISIONS
 77.9      Section 1.  [260.127] [TEEN COURT PROGRAM.] 
 77.10     Subdivision 1.  [DEFINITIONS.] (a) For purposes of this 
 77.11  section, the following terms have the meanings given them. 
 77.12     (b) "Minor offense" means: 
 77.13     (1) a juvenile petty offense; 
 77.14     (2) a petty misdemeanor; or 
 77.15     (3) any misdemeanor, other than a misdemeanor-level 
 77.16  violation of sections 518B.01, subdivision 14, 588.20, 609.224, 
 77.17  609.2242, 609.324, 609.563, 609.576, 609.66, 609.72, 609.746, 
 77.18  609.748, subdivision 6, or 617.23, a major traffic offense, or 
 77.19  an adult traffic offense, as defined in section 260.193. 
 77.20     (c) "Teen" means an individual who has attained the age of 
 77.21  ten years and is under 18 years of age. 
 77.22     (d) "Teen court" and "teen court program" mean an 
 77.23  alternative procedure under which local law enforcement, county 
 77.24  attorneys, schools, or probation agencies may divert from the 
 77.25  juvenile court system a teen who allegedly has committed a minor 
 77.26  offense, on condition that the teen voluntarily appears before 
 77.27  and receives a disposition from a jury of the teen's peers and 
 77.28  successfully completes the terms and conditions of the 
 77.29  disposition.  These programs also may be used by schools as 
 77.30  alternatives to formal school disciplinary proceedings provided 
 77.31  each program complies with the disciplinary policy in the school 
 77.32  district in which it is established.  
 77.33     Subd. 2.  [APPLICATION TO ESTABLISH TEEN COURT.] (a) Any 
 77.34  group of two or more adult sponsors may apply to the office of 
 77.35  strategic and long-range planning to establish a teen court.  
 77.36  These sponsors must be affiliated with an agency, entity, or 
 78.1   other organized program or group.  
 78.2      (b) An application to establish a teen court shall include: 
 78.3      (1) the names, addresses, and telephone numbers of two or 
 78.4   more adult sponsors and a description of the entity, agency, or 
 78.5   other organized program or group with which the adult sponsors 
 78.6   are affiliated; 
 78.7      (2) the names, addresses, and telephone numbers of all 
 78.8   teens who have signed letters of commitment to participate 
 78.9   voluntarily as teen court members in the teen court program; and 
 78.10     (3) a certification from adult sponsors that adequate adult 
 78.11  sponsorship exists and that there are a sufficient number of 
 78.12  teen volunteers to make the functioning of the teen court 
 78.13  feasible and meaningful; and 
 78.14     (4) except as provided in paragraph (c), a letter from the 
 78.15  county attorney of the county in which the teen court is seeking 
 78.16  to operate, authorizing the establishment of the teen court 
 78.17  program consistent with section 388.24. 
 78.18     (c) Teen court programs that operate only as an alternative 
 78.19  to school disciplinary proceedings do not need to provide the 
 78.20  letter referred to in paragraph (b), clause (4). 
 78.21     Subd. 3.  [REFERRAL TO TEEN COURT PROGRAM.] Once the teen 
 78.22  court program has been established, it may receive referrals for 
 78.23  eligible teens from local law enforcement, county attorneys, 
 78.24  school officials, and probation agencies.  The process of 
 78.25  referral is to be established by the individual teen court 
 78.26  programs, in coordination with other established teen court and 
 78.27  pretrial diversion programs in the county or counties in which 
 78.28  the teen court will operate.  The referral process for teen 
 78.29  court programs operating as alternatives to school disciplinary 
 78.30  proceedings must be consistent with the disciplinary policy in 
 78.31  the school district in which the program is established. 
 78.32     Subd. 4.  [FEE.] The teen court program may require a teen 
 78.33  to pay a nonrefundable fee to cover the costs of administering 
 78.34  the program.  This fee must be reduced or waived for a 
 78.35  participant who does not have the ability to pay the fee. 
 78.36     Subd. 5.  [TEEN COURT PROGRAM COMPONENTS.] (a) Prior to a 
 79.1   teen's participation in the teen court program, a teen court 
 79.2   sponsor or the referring source must: 
 79.3      (1) contact the victim, if any, of the offense, or make a 
 79.4   good faith attempt to contact the victim, if any, and the victim 
 79.5   must be advised that the victim may participate in the teen 
 79.6   court proceedings; and 
 79.7      (2) at least seven days prior to the teen's participation 
 79.8   in the program, provide to the county attorney of the teen's 
 79.9   residence the teen's name, date of birth, and residential 
 79.10  address and a description of the offense. 
 79.11     (b) Prior to a teen court's imposition of dispositions, it 
 79.12  must establish a range of dispositional alternatives for 
 79.13  offenses which is appropriate to the teen court's community.  
 79.14  These dispositions may include the following: 
 79.15     (i) community service; 
 79.16     (ii) mandatory participation in appropriate counseling, 
 79.17  appropriate treatment, law-related educational classes, or other 
 79.18  educational programs; 
 79.19     (iii) a requirement that the teen defendant participate as 
 79.20  a juror in future proceedings before the teen court; 
 79.21     (iv) restitution, where appropriate; and 
 79.22     (v) a fine, not to exceed the amount permitted in section 
 79.23  260.195.  The fine permitted in section 260.185 may only be 
 79.24  imposed for misdemeanor-level offenses.  
 79.25     The teen court does not have the power to place a teen 
 79.26  outside the home. 
 79.27     (c) Except as provided in paragraph (d), the teen court 
 79.28  program may be used only where: 
 79.29     (i) the teen acknowledges responsibility for the offense; 
 79.30     (ii) the teen voluntarily agrees to participate in the teen 
 79.31  court program; 
 79.32     (iii) the judge of the teen court is a judge or an attorney 
 79.33  admitted to practice law in the state of Minnesota; 
 79.34     (iv) the teen's parent or legal guardian accompanies the 
 79.35  teen in all teen court proceedings; 
 79.36     (v) the county attorney does not notify the teen court 
 80.1   prior to the teen's participation that the offense will be 
 80.2   handled in juvenile court or in a pretrial diversion program 
 80.3   established under section 388.24; and 
 80.4      (vi) the teen court program has established a training 
 80.5   component for teen and adult volunteers. 
 80.6      (d) When a teen court operates as an alternative to a 
 80.7   school disciplinary policy, the teen's parent or legal guardian 
 80.8   must be notified of the teen's involvement in the program, 
 80.9   according to the school district's disciplinary policy.  The 
 80.10  teen's parent or legal guardian does not need to accompany the 
 80.11  teen in teen court proceedings. 
 80.12     (e) The teen court shall notify the referring source as 
 80.13  soon as possible upon discovery that the teen has failed to 
 80.14  comply with any part of the disposition imposed under paragraph 
 80.15  (b).  Either juvenile court proceedings or formal school 
 80.16  disciplinary proceedings, where applicable, or both, may be 
 80.17  commenced against a teen who fails to comply with the 
 80.18  disposition under paragraph (b). 
 80.19     Subd. 6.  [EVALUATION AND REPORTS.] (a) The results of all 
 80.20  proceedings in teen court must be reported to the office of 
 80.21  strategic and long-range planning on a form provided by the 
 80.22  office of strategic and long-range planning.  The teen court 
 80.23  must submit the report to the office of strategic and long-range 
 80.24  planning no later than July 15 for all activity during the first 
 80.25  six months of the calendar year and by January 15 for all 
 80.26  activity during the last six months of the preceding calendar 
 80.27  year.  A copy of this report also must be provided to the county 
 80.28  attorney of the county in which the teen court operates.  Each 
 80.29  report must include the following: 
 80.30     (i) the number of cases handled by the teen court, 
 80.31  including a breakdown of the number of cases from each referring 
 80.32  agency; 
 80.33     (ii) a list of the offenses for which the teen court 
 80.34  imposed a disposition, including a breakdown showing the number 
 80.35  of teen court participants committing each type of offense; 
 80.36     (iii) a list of the dispositions imposed by the teen court, 
 81.1   including a breakdown showing the number of times each 
 81.2   particular disposition was imposed; and 
 81.3      (iv) information on the cases that were referred back to 
 81.4   the referring agency under subdivision 5, paragraph (e). 
 81.5      (b) Each teen court shall report to the office of strategic 
 81.6   and long-range planning by June 30 each year on its progress in 
 81.7   achieving outcome measures and indicators.  The report required 
 81.8   by this paragraph must include an analysis of recidivism rates 
 81.9   for teen court participants, based upon a method for measuring 
 81.10  these rates as determined by the office of strategic and 
 81.11  long-range planning. 
 81.12     (c) Five percent of the appropriation for the teen court 
 81.13  program is allocated to the office of strategic and long-range 
 81.14  planning to assist teen court programs in developing outcome 
 81.15  measures and indicators.  These outcome measures and indicators 
 81.16  must be established before any teen court begins to impose 
 81.17  dispositions and must allow for both evaluation of each teen 
 81.18  court program and for statewide evaluation of the teen court 
 81.19  program. 
 81.20     Subd. 7.  [ADMINISTRATION.] Up to five percent of the 
 81.21  appropriation for teen court programs may be retained by the 
 81.22  office of strategic and long-range planning for administrative 
 81.23  costs incurred in administering the program.  The office of 
 81.24  strategic and long-range planning has authority to administer 
 81.25  funds to teen court programs that comply with this section.  The 
 81.26  office of strategic and long-range planning may receive and 
 81.27  administer public and private funds for the purposes of this 
 81.28  section. 
 81.29     Sec. 2.  Minnesota Statutes 1996, section 256E.03, 
 81.30  subdivision 2, is amended to read: 
 81.31     Subd. 2.  (a) "Community social services" means services 
 81.32  provided or arranged for by county boards to fulfill the 
 81.33  responsibilities prescribed in section 256E.08, subdivision 1, 
 81.34  to the following groups of persons: 
 81.35     (1) families with children under age 18, who are 
 81.36  experiencing child dependency, neglect or abuse, and also 
 82.1   pregnant adolescents, adolescent parents under the age of 18~~,~~ 
 82.2   and their children, and other adolescents; 
 82.3      (2) persons, including adolescents, who are under the 
 82.4   guardianship of the commissioner of human services as dependent 
 82.5   and neglected wards; 
 82.6      (3) adults who are in need of protection and vulnerable as 
 82.7   defined in section 626.5572; 
 82.8      (4) persons age 60 and over who are experiencing difficulty 
 82.9   living independently and are unable to provide for their own 
 82.10  needs; 
 82.11     (5) emotionally disturbed children and adolescents, 
 82.12  chronically and acutely mentally ill persons who are unable to 
 82.13  provide for their own needs or to independently engage in 
 82.14  ordinary community activities; 
 82.15     (6) persons with mental retardation as defined in section 
 82.16  252A.02, subdivision 2, or with related conditions as defined in 
 82.17  section 252.27, subdivision 1a, who are unable to provide for 
 82.18  their own needs or to independently engage in ordinary community 
 82.19  activities; 
 82.20     (7) drug dependent and intoxicated persons, including 
 82.21  adolescents, as defined in section 254A.02, subdivisions 5 and 
 82.22  7, and persons, including adolescents, at risk of harm to self 
 82.23  or others due to the ingestion of alcohol or other drugs; 
 82.24     (8) parents whose income is at or below 70 percent of the 
 82.25  state median income and who are in need of child care services 
 82.26  in order to secure or retain employment or to obtain the 
 82.27  training or education necessary to secure employment; ~~and~~ 
 82.28     (9) children and adolescents involved in or at risk of 
 82.29  involvement with criminal activity; and 
 82.30     (10) other groups of persons who, in the judgment of the 
 82.31  county board, are in need of social services. 
 82.32     (b) Except as provided in section 256E.08, subdivision 5, 
 82.33  community social services do not include public assistance 
 82.34  programs known as aid to families with dependent children, 
 82.35  Minnesota supplemental aid, medical assistance, general 
 82.36  assistance, general assistance medical care, or community health 
 83.1   services authorized by sections 145A.09 to 145A.13.  
 83.2      Sec. 3.  [257.069] [INFORMATION FOR CHILD PLACEMENT.] 
 83.3      Subdivision 1.  [AGENCY WITH PLACEMENT AUTHORITY.] An 
 83.4   agency with legal responsibility for the placement of a child 
 83.5   may request and shall receive all information pertaining to the 
 83.6   child that it considers necessary to appropriately carry out its 
 83.7   duties.  That information must include educational, medical, 
 83.8   psychological, psychiatric, and social or family history data 
 83.9   retained in any form by any individual or entity.  The agency 
 83.10  may gather appropriate data regarding the child's parents in 
 83.11  order to develop and implement a case plan required by section 
 83.12  257.071.  Upon request of the court responsible for overseeing 
 83.13  the provision of services to the child and family and for 
 83.14  implementing orders that are in the best interest of the child, 
 83.15  the responsible local social service agency or tribal social 
 83.16  service agency shall provide appropriate written or oral reports 
 83.17  from any individual or entity that has provided services to the 
 83.18  child or family.  The reports must include the nature of the 
 83.19  services being provided the child or family; the reason for the 
 83.20  services; the nature, extent, and quality of the child's or 
 83.21  parent's participation in the services, where appropriate; and 
 83.22  recommendations for continued services, where appropriate.  The 
 83.23  individual or entity shall report all observations and 
 83.24  information upon which it bases its report as well as its 
 83.25  conclusions.  If necessary to facilitate the receipt of the 
 83.26  reports, the court may issue appropriate orders. 
 83.27     Subd. 2.  [ACCESS TO SPECIFIC DATA.] A social service 
 83.28  agency responsible for the residential placement of a child 
 83.29  under this section and the residential facility in which the 
 83.30  child is placed shall have access to the following data on the 
 83.31  child: 
 83.32     (1) medical data under section 13.42; 
 83.33     (2) corrections and detention data under section 13.85; 
 83.34     (3) juvenile court data under section 260.161; and 
 83.35     (4) health records under section 144.335. 
 83.36     Sec. 4.  Minnesota Statutes 1996, section 257.071, is 
 84.1   amended by adding a subdivision to read: 
 84.2      Subd. 1c.  [NOTICE BEFORE VOLUNTARY PLACEMENT.] The local 
 84.3   social service agency shall inform a parent considering 
 84.4   voluntary placement of a child who is not developmentally 
 84.5   disabled or emotionally handicapped of the following: 
 84.6      (1) the parent and the child each has a right to separate 
 84.7   legal counsel before signing a voluntary placement agreement, 
 84.8   but not to counsel appointed at public expense; 
 84.9      (2) the parent is not required to agree to the voluntary 
 84.10  placement, and a parent who enters a voluntary placement 
 84.11  agreement may at any time request that the agency return the 
 84.12  child.  If the parent so requests, the child must be returned 
 84.13  within 24 hours of the receipt of the request; 
 84.14     (3) evidence gathered during the time the child is 
 84.15  voluntarily placed may be used at a later time as the basis for 
 84.16  a petition alleging that the child is in need of protection or 
 84.17  services or as the basis for a petition seeking termination of 
 84.18  parental rights; 
 84.19     (4) if the local social service agency files a petition 
 84.20  alleging that the child is in need of protection or services or 
 84.21  a petition seeking the termination of parental rights, the 
 84.22  parent would have the right to appointment of separate legal 
 84.23  counsel and the child would have a right to the appointment of 
 84.24  counsel and a guardian ad litem as provided by law, and that 
 84.25  counsel will be appointed at public expense if they are unable 
 84.26  to afford counsel; and 
 84.27     (5) the timelines and procedures for review of voluntary 
 84.28  placements under subdivision 3, and the effect the time spent in 
 84.29  voluntary placement on the scheduling of a permanent placement 
 84.30  determination hearing under section 260.191, subdivision 3b.  
 84.31     Sec. 5.  Minnesota Statutes 1996, section 257.071, is 
 84.32  amended by adding a subdivision to read: 
 84.33     Subd. 1d.  [RELATIVE SEARCH; NATURE.] (a) Within six months 
 84.34  after a child is initially placed in a residential facility, the 
 84.35  local social service agency shall identify any relatives of the 
 84.36  child and notify them of the possibility of a permanent 
 85.1   out-of-home placement of the child, and that a decision not to 
 85.2   be a permanent resource at the beginning of the case may affect 
 85.3   the relative's right to have the child placed with that relative 
 85.4   later.  The relatives must be notified that they must keep the 
 85.5   local social service agency informed of their current address in 
 85.6   order to receive notice of any permanent placement hearing.  A 
 85.7   relative who fails to provide a current address to the local 
 85.8   social service agency forfeits the right to notice of permanent 
 85.9   placement. 
 85.10     (b) When the agency determines that it is necessary to 
 85.11  prepare for the permanent placement determination hearing or in 
 85.12  anticipation of filing a termination of parental rights 
 85.13  petition, the agency shall send notice to the relatives, any 
 85.14  adult with whom the child is currently residing, any adult with 
 85.15  whom the child has resided for one year or longer in the past, 
 85.16  and any adults who have maintained a relationship or exercised 
 85.17  visitation with the child as identified in the agency case 
 85.18  plan.  The notice must state that a permanent home is sought for 
 85.19  the child and that the individuals receiving the notice may 
 85.20  indicate to the agency their interest in providing a permanent 
 85.21  home.  The notice must contain an advisory that if the relative 
 85.22  chooses not to be a placement resource at the beginning of the 
 85.23  case, this may affect the relative's rights to have the child 
 85.24  placed with that relative permanently later on. 
 85.25     Sec. 6.  Minnesota Statutes 1996, section 257.071, is 
 85.26  amended by adding a subdivision to read:  
 85.27     Subd. 1e.  [CHANGE IN PLACEMENT.] If a child is removed 
 85.28  from a permanent placement disposition authorized under section 
 85.29  260.191, subdivision 3b, within one year after the placement was 
 85.30  made: 
 85.31     (1) the child must be returned to the residential facility 
 85.32  where the child was placed immediately preceding the permanent 
 85.33  placement; or 
 85.34     (2) the court shall hold a hearing within ten days after 
 85.35  the child is taken into custody to determine where the child is 
 85.36  to be placed.  A guardian ad litem must be appointed for the 
 86.1   child for this hearing. 
 86.2      Sec. 7.  Minnesota Statutes 1996, section 257.071, 
 86.3   subdivision 3, is amended to read: 
 86.4      Subd. 3.  [REVIEW OF VOLUNTARY PLACEMENTS.] Except as 
 86.5   provided in subdivision 4, if the child has been placed in a 
 86.6   residential facility pursuant to a voluntary release by the 
 86.7   parent or parents, and is not returned home within ~~six months~~ 90 
 86.8   days after initial placement in the residential facility, the 
 86.9   social service agency responsible for the placement shall: 
 86.10     (1) return the child to the home of the parent or parents; 
 86.11  or 
 86.12     (2) file ~~an appropriate~~ a petition ~~pursuant to section~~ 
 86.13  ~~260.131 or 260.231~~ to extend the placement for 90 days. 
 86.14     The case plan must be updated when a petition is filed and 
 86.15  must include a specific plan for permanency.  The parent, legal 
 86.16  guardian, or legal custodian and child have a right to counsel 
 86.17  at this hearing and the court shall appoint counsel at public 
 86.18  expense if they are unable to afford counsel. 
 86.19     If the court approves the extension, at the end of the 
 86.20  second 90-day period, the child must be returned to the parent's 
 86.21  home, unless a petition is filed for a child in need of 
 86.22  protection or services. 
 86.23     Sec. 8.  Minnesota Statutes 1996, section 257.071, 
 86.24  subdivision 4, is amended to read: 
 86.25     Subd. 4.  [REVIEW OF DEVELOPMENTALLY DISABLED AND 
 86.26  EMOTIONALLY HANDICAPPED CHILD PLACEMENTS.] If a developmentally 
 86.27  disabled child, as that term is defined in United States Code, 
 86.28  title 42, section 6001 (7), as amended through December 31, 
 86.29  1979, or a child diagnosed with an emotional handicap as defined 
 86.30  in section 252.27, subdivision 1a, has been placed in a 
 86.31  residential facility pursuant to a voluntary release by the 
 86.32  child's parent or parents because of the child's handicapping 
 86.33  conditions or need for long-term residential treatment or 
 86.34  supervision, the social service agency responsible for the 
 86.35  placement shall bring a petition for review of the child's 
 86.36  foster care status, pursuant to section 260.131, subdivision 1a, 
 87.1   rather than a petition as required by ~~subdivision 3, clause~~ 
 87.2   ~~(b)~~ section 260.191, subdivision 3b, after the child has been in 
 87.3   foster care for ~~18~~ six months or, in the case of a child with an 
 87.4   emotional handicap, after the child has been in a residential 
 87.5   facility for six months.  Whenever a petition for review is 
 87.6   brought pursuant to this subdivision, a guardian ad litem shall 
 87.7   be appointed for the child. 
 87.8      Sec. 9.  Minnesota Statutes 1996, section 257.072, 
 87.9   subdivision 1, is amended to read: 
 87.10     Subdivision 1.  [RECRUITMENT OF FOSTER FAMILIES.] Each 
 87.11  authorized child-placing agency shall make special efforts to 
 87.12  recruit a foster family from among the child's relatives, except 
 87.13  as authorized in section 260.181, subdivision 3.  Each agency 
 87.14  shall provide for diligent recruitment of potential foster 
 87.15  families that reflect the ethnic and racial diversity of the 
 87.16  children in the state for whom foster homes are needed.  Special 
 87.17  efforts include contacting and working with community 
 87.18  organizations and religious organizations and may include 
 87.19  contracting with these organizations, utilizing local media and 
 87.20  other local resources, conducting outreach activities, and 
 87.21  increasing the number of minority recruitment staff employed by 
 87.22  the agency.  The requirement of special efforts to locate 
 87.23  relatives in this section is satisfied ~~if~~ on the earlier of the 
 87.24  following occasions: 
 87.25     (1) the child is placed with a relative who is interested 
 87.26  in providing a permanent placement for the child; or 
 87.27     (2) the responsible child-placing agency has made 
 87.28  ~~appropriate~~ special efforts for six months following the child's 
 87.29  placement in a residential facility and the court approves the 
 87.30  agency's efforts pursuant to section 260.191, subdivision 3a.  
 87.31  The agency may accept any gifts, grants, offers of services, and 
 87.32  other contributions to use in making special recruitment efforts.
 87.33     Sec. 10.  Minnesota Statutes 1996, section 259.41, is 
 87.34  amended to read: 
 87.35     259.41 [ADOPTION STUDY.] 
 87.36     An adoption study and written report must be completed 
 88.1   before the child is placed in a prospective adoptive home under 
 88.2   this chapter and the study must be completed and filed with the 
 88.3   court at the time the adoption petition is filed.  In a direct 
 88.4   adoptive placement, the report must be filed with the court in 
 88.5   support of a motion for temporary preadoptive custody under 
 88.6   section 259.47, subdivision 3.  The study and report shall be 
 88.7   completed by a licensed child-placing agency and must be 
 88.8   thorough and comprehensive.  The study and report shall be paid 
 88.9   for by the prospective adoptive parent, except as otherwise 
 88.10  required under section 259.67 or 259.73.  
 88.11     A stepparent adoption is not subject to this section. 
 88.12     In the case of a licensed foster parent seeking to adopt a 
 88.13  child who is in the foster parent's care, any portions of the 
 88.14  foster care licensing process that duplicate requirements of the 
 88.15  home study may be submitted in satisfaction of the relevant 
 88.16  requirements of this section. 
 88.17     At a minimum, the study must include the following about 
 88.18  the prospective adoptive parent: 
 88.19     (1) a check of criminal conviction data, data on 
 88.20  substantiated maltreatment of a child under section 626.556, and 
 88.21  domestic violence data of each person over the age of 13 living 
 88.22  in the home.  The prospective adoptive parents, the bureau of 
 88.23  criminal apprehension, and other state, county, and local 
 88.24  agencies, after written notice to the subject of the study, 
 88.25  shall give the agency completing the adoption study 
 88.26  substantiated criminal conviction data and reports about 
 88.27  maltreatment of minors and vulnerable adults and domestic 
 88.28  violence.  The adoption study must also include a check of the 
 88.29  juvenile court records of each person over the age of 13 living 
 88.30  in the home.  Notwithstanding provisions of section 260.161 to 
 88.31  the contrary, the juvenile court shall release the requested 
 88.32  information to the agency completing the adoption study.  The 
 88.33  study must include an evaluation of the effect of a conviction 
 88.34  or finding of substantiated maltreatment on the ability to care 
 88.35  for a child; 
 88.36     (2) medical and social history and current health; 
 89.1      (3) assessment of potential parenting skills; 
 89.2      (4) ability to provide adequate financial support for a 
 89.3   child; and 
 89.4      (5) the level of knowledge and awareness of adoption issues 
 89.5   including where appropriate matters relating to interracial, 
 89.6   cross-cultural, and special needs adoptions. 
 89.7      The adoption study must include at least one in-home visit 
 89.8   with the prospective adoptive parent.  The adoption study is the 
 89.9   basis for completion of a written report.  The report must be in 
 89.10  a format specified by the commissioner and must contain 
 89.11  recommendations regarding the suitability of the subject of the 
 89.12  study to be an adoptive parent.  An adoption study report is 
 89.13  valid for 12 months following its date of completion. 
 89.14     A prospective adoptive parent seeking a study under this 
 89.15  section must authorize access by the agency to any private data 
 89.16  needed to complete the study, must disclose any names used 
 89.17  previously other than the name used at the time of the study, 
 89.18  and must provide a set of fingerprints, which shall be forwarded 
 89.19  to the bureau of criminal apprehension to facilitate the 
 89.20  criminal conviction background check required under clause (1).  
 89.21     Sec. 11.  [259.58] [COMMUNICATION OR CONTACT AGREEMENTS.] 
 89.22     If an adoptee has resided with a birth relative before 
 89.23  being adopted, adoptive parents and that birth relative may 
 89.24  enter an agreement under this section regarding communication 
 89.25  with or contact between a minor adoptee, adoptive parents, and 
 89.26  the birth relative.  For purposes of this section, "birth 
 89.27  relative" means a parent, stepparent, grandparent, brother, 
 89.28  sister, uncle, or aunt of a minor adoptee.  This relationship 
 89.29  may be by blood or marriage.  For an Indian child, birth 
 89.30  relative includes members of the extended family as defined by 
 89.31  the law or custom of the Indian child's tribe or, in the absence 
 89.32  of laws or custom, nieces, nephews, or first or second cousins, 
 89.33  as provided in the Indian Child Welfare Act, United States Code, 
 89.34  title 25, section 1903. 
 89.35     (a) An agreement regarding communication with or contact 
 89.36  between minor adoptees, adoptive parents, and a birth relative 
 90.1   is not legally enforceable unless the terms of the agreement are 
 90.2   contained in a written court order entered in accordance with 
 90.3   this section.  An order must be sought at the same time a 
 90.4   petition for adoption is filed.  The court shall not enter a 
 90.5   proposed order unless the terms of the order have been approved 
 90.6   in writing by the prospective adoptive parents, a birth relative 
 90.7   who desires to be a party to the agreement, and, if the child is 
 90.8   in the custody or under the guardianship of an agency, a 
 90.9   representative of the agency.  An agreement under this section 
 90.10  need not disclose the identity of the parties to be legally 
 90.11  enforceable.  The court shall not enter a proposed order unless 
 90.12  the court finds that the communication or contact between the 
 90.13  minor adoptee, the adoptive parents, and a birth relative as 
 90.14  agreed upon and contained in the proposed order would be in the 
 90.15  minor adoptee's best interests. 
 90.16     (b) Failure to comply with the terms of an agreed order 
 90.17  regarding communication or contact that has been entered by the 
 90.18  court under this section is not grounds for: 
 90.19     (1) setting aside an adoption decree; or 
 90.20     (2) revocation of a written consent to an adoption after 
 90.21  that consent has become irrevocable. 
 90.22     (c) An agreed order entered under this section may be 
 90.23  enforced or modified by filing a petition or motion with the 
 90.24  family court that includes a certified copy of the order 
 90.25  granting the communication, contact, or visitation, but only if 
 90.26  the petition or motion is accompanied by an affidavit that the 
 90.27  parties have mediated or attempted to mediate any dispute under 
 90.28  the agreement or that the parties agree to a proposed 
 90.29  modification.  The prevailing party may be awarded reasonable 
 90.30  attorney's fees and costs.  The court shall not modify an agreed 
 90.31  order under this section unless it finds that the modification 
 90.32  is necessary to serve the best interests of the minor adoptee, 
 90.33  and: 
 90.34     (1) the modification is agreed to by the adoptive parent 
 90.35  and the birth relative; or 
 90.36     (2) exceptional circumstances have arisen since the agreed 
 91.1   order was entered that justify modification of the order. 
 91.2      Sec. 12.  Minnesota Statutes 1996, section 259.59, is 
 91.3   amended by adding a subdivision to read: 
 91.4      Subd. 3.  [COMMUNICATION OR CONTACT AGREEMENTS.] This 
 91.5   section does not prohibit birth parents and adoptive parents 
 91.6   from entering a communication or contact agreement under section 
 91.7   259.58. 
 91.8      Sec. 13.  Minnesota Statutes 1996, section 259.67, 
 91.9   subdivision 2, is amended to read: 
 91.10     Subd. 2.  [ADOPTION ASSISTANCE AGREEMENT.] The placing 
 91.11  agency shall certify a child as eligible for adoption assistance 
 91.12  according to rules promulgated by the commissioner.  ~~When~~ Not 
 91.13  later than 30 days after a parent or parents are found and 
 91.14  approved for adoptive placement of a child certified as eligible 
 91.15  for adoption assistance, and before the final decree of adoption 
 91.16  is issued, a written agreement must be entered into by the 
 91.17  commissioner, the adoptive parent or parents, and the placing 
 91.18  agency.  The written agreement must be in the form prescribed by 
 91.19  the commissioner and must set forth the responsibilities of all 
 91.20  parties, the anticipated duration of the adoption assistance 
 91.21  payments, and the payment terms.  The adoption assistance 
 91.22  agreement shall be subject to the commissioner's approval, which 
 91.23  must be granted or denied not later than 15 days after the 
 91.24  agreement is entered. 
 91.25     The amount of adoption assistance is subject to the 
 91.26  availability of state and federal funds and shall be determined 
 91.27  through agreement with the adoptive parents.  The agreement 
 91.28  shall take into consideration the circumstances of the adopting 
 91.29  parent or parents, the needs of the child being adopted and may 
 91.30  provide ongoing monthly assistance, supplemental maintenance 
 91.31  expenses related to the adopted person's special needs, 
 91.32  nonmedical expenses periodically necessary for purchase of 
 91.33  services, items, or equipment related to the special needs, and 
 91.34  medical expenses.  The placing agency or the adoptive parent or 
 91.35  parents shall provide written documentation to support the need 
 91.36  for adoption assistance payments.  The commissioner may require 
 92.1   periodic reevaluation of adoption assistance payments.  The 
 92.2   amount of ongoing monthly adoption assistance granted may in no 
 92.3   case exceed that which would be allowable for the child under 
 92.4   foster family care and is subject to the availability of state 
 92.5   and federal funds. 
 92.6      Sec. 14.  Minnesota Statutes 1996, section 260.012, is 
 92.7   amended to read: 
 92.8      260.012 [DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY 
 92.9   REUNIFICATION; REASONABLE EFFORTS.] 
 92.10     (a) If a child in need of protection or services is under 
 92.11  the court's jurisdiction, the court shall ensure that reasonable 
 92.12  efforts including culturally appropriate services by the social 
 92.13  service agency are made to prevent placement or to eliminate the 
 92.14  need for removal and to reunite the child with the child's 
 92.15  family at the earliest possible time, consistent with the best 
 92.16  interests, safety, and protection of the child.  The court may, 
 92.17  upon motion and hearing, order the cessation of reasonable 
 92.18  efforts if the court finds that provision of services or further 
 92.19  services for the purpose of rehabilitation and reunification is 
 92.20  futile and therefore unreasonable under the circumstances.  In 
 92.21  the case of an Indian child, in proceedings under sections 
 92.22  260.172, 260.191, and 260.221 the juvenile court must make 
 92.23  findings and conclusions consistent with the Indian Child 
 92.24  Welfare Act of 1978, United States Code, title 25, section 1901 
 92.25  et seq., as to the provision of active efforts.  If a child is 
 92.26  under the court's delinquency jurisdiction, it shall be the duty 
 92.27  of the court to ensure that reasonable efforts are made to 
 92.28  reunite the child with the child's family at the earliest 
 92.29  possible time, consistent with the best interests of the child 
 92.30  and the safety of the public. 
 92.31     (b) "Reasonable efforts" means the exercise of due 
 92.32  diligence by the responsible social service agency to use 
 92.33  appropriate and available services to meet the needs of the 
 92.34  child and the child's family in order to prevent removal of the 
 92.35  child from the child's family; or upon removal, services to 
 92.36  eliminate the need for removal and reunite the family.  Services 
 93.1   may include those listed under section 256F.07, subdivision 3, 
 93.2   and other appropriate services available in the community.  The 
 93.3   social service agency has the burden of demonstrating that it 
 93.4   has made reasonable efforts~~.~~ or that provision of services or 
 93.5   further services for the purpose of rehabilitation and 
 93.6   reunification is futile and therefore unreasonable under the 
 93.7   circumstances.  Reunification of a surviving child with a parent 
 93.8   is not required if the parent has been convicted of: 
 93.9      (1) a violation of, or an attempt or conspiracy to commit a 
 93.10  violation of, any offense in sections 609.185 to 609.20; 
 93.11  609.222, subdivision 2; or 609.223 in regard to another child of 
 93.12  the parent; 
 93.13     (2) a violation of an offense in section 609.222, 
 93.14  subdivision 2; or 609.223, in regard to the surviving child; or 
 93.15     (3) a violation of, or an attempt or conspiracy to commit a 
 93.16  violation of, United States Code, title 18, section 1111(a) or 
 93.17  1112(a), in regard to another child of the parent. 
 93.18     (c) The juvenile court, in proceedings under sections 
 93.19  260.172, 260.191, and 260.221 shall make findings and 
 93.20  conclusions as to the provision of reasonable efforts.  When 
 93.21  determining whether reasonable efforts have been made, the court 
 93.22  shall consider whether services to the child and family were: 
 93.23     (1) relevant to the safety and protection of the child; 
 93.24     (2) adequate to meet the needs of the child and family; 
 93.25     (3) culturally appropriate; 
 93.26     (4) available and accessible; 
 93.27     (5) consistent and timely; and 
 93.28     (6) realistic under the circumstances. 
 93.29     In the alternative, the court may determine that provision 
 93.30  of services or further services for the purpose of 
 93.31  rehabilitation is futile and therefore unreasonable under the 
 93.32  circumstances. 
 93.33     (d) This section does not prevent out-of-home placement for 
 93.34  treatment of a child with a mental disability when the child's 
 93.35  diagnostic assessment or individual treatment plan indicates 
 93.36  that appropriate and necessary treatment cannot be effectively 
 94.1   provided outside of a residential or inpatient treatment program.
 94.2      Sec. 15.  Minnesota Statutes 1996, section 260.015, 
 94.3   subdivision 2a, is amended to read: 
 94.4      Subd. 2a.  [CHILD IN NEED OF PROTECTION OR SERVICES.] 
 94.5   "Child in need of protection or services" means a child who is 
 94.6   in need of protection or services because the child: 
 94.7      (1) is abandoned or without parent, guardian, or custodian; 
 94.8      (2)(i) has been a victim of physical or sexual abuse, or 
 94.9   (ii) resides with or has resided with a victim of domestic child 
 94.10  abuse as defined in subdivision 24, (iii) resides with or would 
 94.11  reside with a perpetrator of domestic child abuse or child abuse 
 94.12  as defined in subdivision 28, or (iv) is a victim of emotional 
 94.13  maltreatment as defined in subdivision 5a; 
 94.14     (3) is without necessary food, clothing, shelter, 
 94.15  education, or other required care for the child's physical or 
 94.16  mental health or morals because the child's parent, guardian, or 
 94.17  custodian is unable or unwilling to provide that care; 
 94.18     (4) is without the special care made necessary by a 
 94.19  physical, mental, or emotional condition because the child's 
 94.20  parent, guardian, or custodian is unable or unwilling to provide 
 94.21  that care; 
 94.22     (5) is medically neglected, which includes, but is not 
 94.23  limited to, the withholding of medically indicated treatment 
 94.24  from a disabled infant with a life-threatening condition.  The 
 94.25  term "withholding of medically indicated treatment" means the 
 94.26  failure to respond to the infant's life-threatening conditions 
 94.27  by providing treatment, including appropriate nutrition, 
 94.28  hydration, and medication which, in the treating physician's or 
 94.29  physicians' reasonable medical judgment, will be most likely to 
 94.30  be effective in ameliorating or correcting all conditions, 
 94.31  except that the term does not include the failure to provide 
 94.32  treatment other than appropriate nutrition, hydration, or 
 94.33  medication to an infant when, in the treating physician's or 
 94.34  physicians' reasonable medical judgment: 
 94.35     (i) the infant is chronically and irreversibly comatose; 
 94.36     (ii) the provision of the treatment would merely prolong 
 95.1   dying, not be effective in ameliorating or correcting all of the 
 95.2   infant's life-threatening conditions, or otherwise be futile in 
 95.3   terms of the survival of the infant; or 
 95.4      (iii) the provision of the treatment would be virtually 
 95.5   futile in terms of the survival of the infant and the treatment 
 95.6   itself under the circumstances would be inhumane; 
 95.7      (6) is one whose parent, guardian, or other custodian for 
 95.8   good cause desires to be relieved of the child's care and 
 95.9   custody; 
 95.10     (7) has been placed for adoption or care in violation of 
 95.11  law; 
 95.12     (8) is without proper parental care because of the 
 95.13  emotional, mental, or physical disability, or state of 
 95.14  immaturity of the child's parent, guardian, or other custodian; 
 95.15     (9) is one whose behavior, condition, or environment is 
 95.16  such as to be injurious or dangerous to the child or others.  An 
 95.17  injurious or dangerous environment may include, but is not 
 95.18  limited to, the exposure of a child to criminal activity in the 
 95.19  child's home; 
 95.20     (10) has committed a delinquent act before becoming ten 
 95.21  years old; 
 95.22     (11) is a runaway; 
 95.23     (12) is an habitual truant; ~~or~~ 
 95.24     (13) has been found incompetent to proceed or has been 
 95.25  found not guilty by reason of mental illness or mental 
 95.26  deficiency in connection with a delinquency proceeding, a 
 95.27  certification under section 260.125, an extended jurisdiction 
 95.28  juvenile prosecution, or a proceeding involving a juvenile petty 
 95.29  offense; or 
 95.30     (14) is one whose custodial parent's parental rights to 
 95.31  another child have been involuntarily terminated within the past 
 95.32  five years. 
 95.33     Sec. 16.  Minnesota Statutes 1996, section 260.015, 
 95.34  subdivision 29, is amended to read: 
 95.35     Subd. 29.  [EGREGIOUS HARM.] "Egregious harm" means the 
 95.36  infliction of bodily harm to a child or neglect of a child which 
 96.1   demonstrates a grossly inadequate ability to provide minimally 
 96.2   adequate parental care.  The egregious harm need not have 
 96.3   occurred in the state or in the county where a termination of 
 96.4   parental rights action is otherwise properly venued.  Egregious 
 96.5   harm includes, but is not limited to: 
 96.6      (1) conduct towards a child that constitutes a violation of 
 96.7   sections 609.185 to 609.21, 609.222, subdivision 2, 609.223, or 
 96.8   any other similar law of ~~the United States or~~ any other state; 
 96.9      (2) the infliction of "substantial bodily harm" to a child, 
 96.10  as defined in section 609.02, subdivision 8; 
 96.11     (3) conduct towards a child that constitutes felony 
 96.12  malicious punishment of a child under section 609.377; 
 96.13     (4) conduct towards a child that constitutes felony 
 96.14  unreasonable restraint of a child under section 609.255, 
 96.15  subdivision 3; 
 96.16     (5) conduct towards a child that constitutes felony neglect 
 96.17  or endangerment of a child under section 609.378; 
 96.18     (6) conduct towards a child that constitutes assault under 
 96.19  section 609.221, 609.222, or 609.223; 
 96.20     (7) conduct towards a child that constitutes solicitation, 
 96.21  inducement, or promotion of prostitution under section 609.322; 
 96.22  ~~or~~ 
 96.23     (8) conduct towards a child that constitutes receiving 
 96.24  profit derived from prostitution under section 609.323; or 
 96.25     (9) conduct toward a child that constitutes a violation of 
 96.26  United States Code, title 18, section 1111(a) or 1112(a). 
 96.27     Sec. 17.  Minnesota Statutes 1996, section 260.131, 
 96.28  subdivision 1, is amended to read: 
 96.29     Subdivision 1.  [WHO MAY FILE; REQUIRED FORM.] (a) Any 
 96.30  reputable person, including but not limited to any agent of the 
 96.31  commissioner of human services, having knowledge of a child in 
 96.32  this state or of a child who is a resident of this state, who 
 96.33  appears to be delinquent, in need of protection or services, or 
 96.34  neglected and in foster care, may petition the juvenile court in 
 96.35  the manner provided in this section. 
 96.36     (b) A petition for a child in need of protection filed by 
 97.1   an individual who is not a county attorney or an agent of the 
 97.2   commissioner of human services shall be filed on a form 
 97.3   developed by the state court administrator and provided to court 
 97.4   administrators.  Copies of the form may be obtained from the 
 97.5   court administrator in each county.  The court administrator 
 97.6   shall review the petition before it is filed to determine that 
 97.7   it is completed.  The court administrator may reject the 
 97.8   petition if it does not indicate that the petitioner has 
 97.9   contacted the local social service agency. 
 97.10     An individual may file a petition under this subdivision 
 97.11  without seeking internal review of the local social service 
 97.12  agency's decision.  The court shall determine whether there is 
 97.13  probable cause to believe that a need for protection or services 
 97.14  exists before the matter is set for hearing.  If the matter is 
 97.15  set for hearing, the court administrator shall notify the local 
 97.16  social service agency by sending notice to the county attorney. 
 97.17     The petition must contain: 
 97.18     (1) a statement of facts that would establish, if proven, 
 97.19  that there is a need for protection or services for the child 
 97.20  named in the petition; 
 97.21     (2) a statement that petitioner has reported the 
 97.22  circumstances underlying the petition to the local social 
 97.23  service agency, and protection or services were not provided to 
 97.24  the child; 
 97.25     (3) a statement whether there are existing juvenile or 
 97.26  family court custody orders or pending proceedings in juvenile 
 97.27  or family court concerning the child; and 
 97.28     (4) a statement of the relationship of the petitioner to 
 97.29  the child and any other parties. 
 97.30     The court may not allow a petition to proceed under this 
 97.31  paragraph if it appears that the sole purpose of the petition is 
 97.32  to modify custody between the parents. 
 97.33     Sec. 18.  Minnesota Statutes 1996, section 260.131, 
 97.34  subdivision 2, is amended to read: 
 97.35     Subd. 2.  The petition shall be verified by the person 
 97.36  having knowledge of the facts and may be on information and 
 98.1   belief.  Unless otherwise provided by this section or by rule or 
 98.2   order of the court, the county attorney shall draft the petition 
 98.3   upon the showing of reasonable grounds to support the petition. 
 98.4      Sec. 19.  Minnesota Statutes 1996, section 260.155, 
 98.5   subdivision 1a, is amended to read: 
 98.6      Subd. 1a.  [RIGHT TO PARTICIPATE IN PROCEEDINGS.] A child 
 98.7   who is the subject of a petition, and the parents, guardian, or 
 98.8   ~~lawful~~ legal custodian of the child have the right to 
 98.9   participate in all proceedings on a petition.  Official tribal 
 98.10  representatives have the right to participate in any proceeding 
 98.11  that is subject to the Indian Child Welfare Act of 1978, United 
 98.12  States Code, title 25, sections 1901 to 1963. 
 98.13     Any grandparent of the child has a right to participate in 
 98.14  the proceedings to the same extent as a parent, if the child has 
 98.15  lived with the grandparent within the two years preceding the 
 98.16  filing of the petition.  At the first hearing following the 
 98.17  filing of a petition, the court shall ask whether the child has 
 98.18  lived with a grandparent within the last two years, except that 
 98.19  the court need not make this inquiry if the petition states that 
 98.20  the child did not live with a grandparent during this time 
 98.21  period.  Failure to notify a grandparent of the proceedings is 
 98.22  not a jurisdictional defect. 
 98.23     If, in a proceeding involving a child in need of protection 
 98.24  or services, the local social service agency recommends transfer 
 98.25  of permanent legal and physical custody to a relative, the 
 98.26  relative has a right to participate as a party, and thereafter 
 98.27  shall receive notice of any hearing in the proceedings.  The 
 98.28  relative has a right to counsel for proceedings on the permanent 
 98.29  placement and the court shall appoint counsel at public expense 
 98.30  if they are unable to afford counsel.  After placement, the 
 98.31  relative does not have a right to counsel appointed at public 
 98.32  expense in any subsequent proceeding to modify the permanent 
 98.33  placement. 
 98.34     Sec. 20.  Minnesota Statutes 1996, section 260.155, 
 98.35  subdivision 2, is amended to read:  
 98.36     Subd. 2.  [APPOINTMENT OF COUNSEL.] (a) The child, parent, 
 99.1   guardian or custodian has the right to effective assistance of 
 99.2   counsel in connection with a proceeding in juvenile court.  This 
 99.3   right does not apply to a child who is charged with a juvenile 
 99.4   petty offense as defined in section 260.015, subdivision 21, 
 99.5   unless the child is charged with a third or subsequent juvenile 
 99.6   alcohol or controlled substance offense and may be subject to 
 99.7   the alternative disposition described in section 260.195, 
 99.8   subdivision 4.  
 99.9      (b) The court shall appoint counsel, or stand-by counsel if 
 99.10  the child waives the right to counsel, for a child who is: 
 99.11     (1) charged by delinquency petition with a gross 
 99.12  misdemeanor or felony offense; or 
 99.13     (2) the subject of a delinquency proceeding in which 
 99.14  out-of-home placement has been proposed. 
 99.15     (c) If they desire counsel but are unable to employ it, the 
 99.16  court shall appoint counsel to represent the child or the 
 99.17  parents or guardian in any case in which it feels that such an 
 99.18  appointment is ~~desirable~~ appropriate, except a juvenile petty 
 99.19  offender who does not have the right to counsel under paragraph 
 99.20  (a).  
 99.21     (d) Counsel for the child shall not also act as the child's 
 99.22  guardian ad litem.  
 99.23     (e) In any proceeding where the subject of a petition for a 
 99.24  child in need of protection or services is not represented by an 
 99.25  attorney, the court shall determine the child's preferences 
 99.26  regarding the proceedings, if the child is of suitable age to 
 99.27  express a preference. 
 99.28     Sec. 21.  Minnesota Statutes 1996, section 260.155, 
 99.29  subdivision 3, is amended to read: 
 99.30     Subd. 3.  [COUNTY ATTORNEY.] Except in adoption 
 99.31  proceedings, the county attorney shall present the evidence upon 
 99.32  request of the court.  In representing the agency, the county 
 99.33  attorney shall also have the responsibility for advancing the 
 99.34  public interest in the welfare of the child. 
 99.35     Sec. 22.  Minnesota Statutes 1996, section 260.155, 
 99.36  subdivision 4, is amended to read: 
100.1      Subd. 4.  [GUARDIAN AD LITEM.] (a) The court shall appoint 
100.2   a guardian ad litem to protect the interests of the minor when 
100.3   it appears, at any stage of the proceedings, that the minor is 
100.4   without a parent or guardian, or that the minor's parent is a 
100.5   minor or incompetent, or that the parent or guardian is 
100.6   indifferent or hostile to the minor's interests, and in every 
100.7   proceeding alleging a child's need for protection or services 
100.8   under section 260.015, subdivision 2a~~, clauses (1) to (10)~~.  In 
100.9   any other case the court may appoint a guardian ad litem to 
100.10  protect the interests of the minor when the court feels that 
100.11  such an appointment is desirable.  The court shall appoint the 
100.12  guardian ad litem on its own motion or in the manner provided 
100.13  for the appointment of a guardian ad litem in the district 
100.14  court.  The court may appoint separate counsel for the guardian 
100.15  ad litem if necessary.  
100.16     (b) A guardian ad litem shall carry out the following 
100.17  responsibilities: 
100.18     (1) conduct an independent investigation to determine the 
100.19  facts relevant to the situation of the child and the family, 
100.20  which must include, unless specifically excluded by the court, 
100.21  reviewing relevant documents; meeting with and observing the 
100.22  child in the home setting and considering the child's wishes, as 
100.23  appropriate; and interviewing parents, caregivers, and others 
100.24  with knowledge relevant to the case; 
100.25     (2) advocate for the child's best interests by 
100.26  participating in appropriate aspects of the case and advocating 
100.27  for appropriate community services when necessary; 
100.28     (3) maintain the confidentiality of information related to 
100.29  a case, with the exception of sharing information as permitted 
100.30  by law to promote cooperative solutions that are in the best 
100.31  interests of the child; 
100.32     (4) monitor the child's best interests throughout the 
100.33  judicial proceeding; and 
100.34     (5) present written reports on the child's best interests 
100.35  that include conclusions and recommendations and the facts upon 
100.36  which they are based. 
101.1      (c) The court may waive the appointment of a guardian ad 
101.2   litem pursuant to clause (a), whenever counsel has been 
101.3   appointed pursuant to subdivision 2 or is retained otherwise, 
101.4   and the court is satisfied that the interests of the minor are 
101.5   protected. 
101.6      (d) In appointing a guardian ad litem pursuant to clause 
101.7   (a), the court shall not appoint the party, or any agent or 
101.8   employee thereof, filing a petition pursuant to section 260.131. 
101.9      (e) The following factors shall be considered when 
101.10  appointing a guardian ad litem in a case involving an Indian or 
101.11  minority child: 
101.12     (1) whether a person is available who is the same racial or 
101.13  ethnic heritage as the child or, if that is not possible; 
101.14     (2) whether a person is available who knows and appreciates 
101.15  the child's racial or ethnic heritage. 
101.16     Sec. 23.  Minnesota Statutes 1996, section 260.155, 
101.17  subdivision 8, is amended to read: 
101.18     Subd. 8.  [WAIVER.] (a) Waiver of any right which a child 
101.19  has under this chapter must be an express waiver voluntarily and 
101.20  intelligently made by the child after the child has been fully 
101.21  and effectively informed of the right being waived.  If a child 
101.22  is ~~under 12 years of age, the child's parent, guardian or~~ 
101.23  ~~custodian shall give any waiver or offer any objection~~ 
101.24  ~~contemplated by this chapter~~ not represented by counsel, any 
101.25  waiver must be given or any objection must be offered by the 
101.26  child's guardian ad litem. 
101.27     (b) Waiver of a child's right to be represented by counsel 
101.28  provided under the juvenile court rules must be an express 
101.29  waiver voluntarily and intelligently made by the child after the 
101.30  child has been fully and effectively informed of the right being 
101.31  waived.  In determining whether a child has voluntarily and 
101.32  intelligently waived the right to counsel, the court shall look 
101.33  to the totality of the circumstances which includes but is not 
101.34  limited to the child's age, maturity, intelligence, education, 
101.35  experience, and ability to comprehend, and the presence and 
101.36  competence of the child's parents, guardian, or guardian ad 
102.1   litem.  If the court accepts the child's waiver, it shall state 
102.2   on the record the findings and conclusions that form the basis 
102.3   for its decision to accept the waiver. 
102.4      Sec. 24.  Minnesota Statutes 1996, section 260.161, is 
102.5   amended by adding a subdivision to read: 
102.6      Subd. 3a.  [ATTORNEY ACCESS TO RECORDS.] An attorney 
102.7   representing a child, parent, or guardian ad litem in a 
102.8   proceeding under this chapter shall be given access to records, 
102.9   local social service agency files, and reports which form the 
102.10  basis of any recommendation made to the court.  An attorney does 
102.11  not have access under this subdivision to the identity of a 
102.12  person who made a report under section 626.556.  The court may 
102.13  issue protective orders to prohibit an attorney from sharing a 
102.14  specified record or portion of a record with a client other than 
102.15  a guardian ad litem. 
102.16     Sec. 25.  Minnesota Statutes 1996, section 260.165, 
102.17  subdivision 3, is amended to read: 
102.18     Subd. 3.  [NOTICE TO PARENT OR CUSTODIAN.] Whenever a peace 
102.19  officer takes a child into custody for shelter care or relative 
102.20  placement pursuant to subdivision 1; section 260.135, 
102.21  subdivision 5; or section 260.145, the officer shall notify the 
102.22  parent or custodian that under section 260.173, subdivision 2, 
102.23  the parent or custodian may request that the child be placed 
102.24  with a relative or a designated parent under chapter 257A 
102.25  instead of in a shelter care facility.  The officer also shall 
102.26  give the parent or custodian of the child a list of names, 
102.27  addresses, and telephone numbers of social service agencies that 
102.28  offer child welfare services.  If the parent or custodian was 
102.29  not present when the child was removed from the residence, the 
102.30  list shall be left with an adult on the premises or left in a 
102.31  conspicuous place on the premises if no adult is present.  If 
102.32  the officer has reason to believe the parent or custodian is not 
102.33  able to read and understand English, the officer must provide a 
102.34  list that is written in the language of the parent or 
102.35  custodian.  The list shall be prepared by the commissioner of 
102.36  human services.  The commissioner shall prepare lists for each 
103.1   county and provide each county with copies of the list without 
103.2   charge.  The list shall be reviewed annually by the commissioner 
103.3   and updated if it is no longer accurate.  Neither the 
103.4   commissioner nor any peace officer or the officer's employer 
103.5   shall be liable to any person for mistakes or omissions in the 
103.6   list.  The list does not constitute a promise that any agency 
103.7   listed will in fact assist the parent or custodian. 
103.8      Sec. 26.  Minnesota Statutes 1996, section 260.191, 
103.9   subdivision 3a, is amended to read: 
103.10     Subd. 3a.  [COURT REVIEW OF OUT-OF-HOME PLACEMENTS.] (a) If 
103.11  the court places a child in a residential facility, as defined 
103.12  in section 257.071, subdivision 1, the court shall review the 
103.13  out-of-home placement at least every six months to determine 
103.14  whether continued out-of-home placement is necessary and 
103.15  appropriate or whether the child should be returned home.  The 
103.16  court shall review agency efforts pursuant to section 257.072, 
103.17  subdivision 1, and order that the efforts continue if the agency 
103.18  has failed to perform the duties under that section.  The court 
103.19  shall review the case plan and may modify the case plan as 
103.20  provided under subdivisions 1e and 2.  If the court orders 
103.21  continued out-of-home placement, the court shall notify the 
103.22  parents of the provisions of subdivision 3b. 
103.23     (b) When the court determines that a permanent placement 
103.24  hearing is necessary because there is a likelihood that the 
103.25  child will not return to a parent's care, the court may 
103.26  authorize the agency with custody of the child to send the 
103.27  notice provided in this paragraph to any adult with whom the 
103.28  child is currently residing, any adult with whom the child has 
103.29  resided for one year or longer in the past, any adult who has 
103.30  maintained a relationship or exercised visitation with the child 
103.31  as identified in the agency case plan for the child or 
103.32  demonstrated an interest in the child, and any relative who has 
103.33  provided a current address to the local social service agency.  
103.34  This notice must not be provided to a parent whose parental 
103.35  rights to the child have been terminated under section 260.221, 
103.36  subdivision 1.  The notice must state that a permanent home is 
104.1   sought for the child and that individuals receiving the notice 
104.2   may indicate to the agency within 30 days their interest in 
104.3   providing a permanent home.  
104.4      Sec. 27.  Minnesota Statutes 1996, section 260.191, 
104.5   subdivision 3b, is amended to read: 
104.6      Subd. 3b.  [REVIEW OF COURT ORDERED PLACEMENTS; PERMANENT 
104.7   PLACEMENT DETERMINATION.] (a) ~~If the court places a child in a~~ 
104.8   ~~residential facility, as defined in section 257.071, subdivision~~ 
104.9   ~~1,~~ The court shall conduct a hearing to determine the permanent 
104.10  status of ~~the~~ a child not later than 12 months after the child 
104.11  ~~was~~ is placed out of the home of the parent.  
104.12     For purposes of this subdivision, the date of the child's 
104.13  placement out of the home of the parent is the earlier of the 
104.14  first court-ordered placement or the first court approved 
104.15  placement under section 257.071, subdivision 3, of a child who 
104.16  had been in voluntary placement. 
104.17     For purposes of this subdivision, 12 months is calculated 
104.18  as follows: 
104.19     (1) during the pendency of a petition alleging that a child 
104.20  is in need of protection or services, all time periods a child 
104.21  is placed out of the home of the parent are cumulated; 
104.22     (2) if a child has been placed out of the home of the 
104.23  parent within the previous five years in connection with one or 
104.24  more prior petitions for a child in need of protection or 
104.25  services, the length of all prior time periods the child was 
104.26  placed out of the home within the previous five years and under 
104.27  the current petition, are cumulated.  If a child under this 
104.28  clause has been out of the home for 12 months or more, the 
104.29  court, if it is in the best interests of the child, may extend 
104.30  the total time the child may continue out of the home under the 
104.31  current petition up to an additional six months before making a 
104.32  permanency determination.  
104.33     (b) Not later than ten days prior to this hearing, the 
104.34  responsible social service agency shall file pleadings to 
104.35  establish the basis for the permanent placement determination.  
104.36  Notice of the hearing and copies of the pleadings must be 
105.1   provided pursuant to section 260.141.  If a termination of 
105.2   parental rights petition is filed before the date required for 
105.3   the permanency planning determination, no hearing need be 
105.4   conducted under this ~~section~~ subdivision.  The court shall 
105.5   determine whether the child is to be returned home or, if not, 
105.6   what permanent placement is consistent with the child's best 
105.7   interests.  The "best interests of the child" means all relevant 
105.8   factors to be considered and evaluated. 
105.9      (c) If the child is not returned to the home, the 
105.10  dispositions available for permanent placement determination are:
105.11     (1) permanent legal and physical custody to a relative 
105.12  ~~pursuant to the standards and procedures applicable under~~ 
105.13  ~~chapter 257 or 518~~ in the best interests of the child.  The 
105.14  social service agency may petition on behalf of the proposed 
105.15  custodian; 
105.16     (2) termination of parental rights and adoption; the social 
105.17  service agency shall file a petition for termination of parental 
105.18  rights under section 260.231 and all the requirements of 
105.19  sections 260.221 to 260.245 remain applicable.  An adoption 
105.20  ordered under this subdivision may include an agreement for 
105.21  communication or contact under section 259.58; ~~or~~ 
105.22     (3) long-term foster care; transfer of legal custody and 
105.23  adoption are preferred permanency options for a child who cannot 
105.24  return home.  The court may order a child into long-term foster 
105.25  care only if it finds that neither an award of legal and 
105.26  physical custody to a relative, nor termination of parental 
105.27  rights nor adoption is in the child's best interests.  Further, 
105.28  the court may only order long-term foster care for the child 
105.29  under this section if it finds the following: 
105.30     (i) the child has reached age 12 and reasonable efforts by 
105.31  the responsible social service agency have failed to locate an 
105.32  adoptive family for the child; or 
105.33     (ii) the child is a sibling of a child described in clause 
105.34  (i) and the siblings have a significant positive relationship 
105.35  and are ordered into the same long-term foster care home~~.~~; or 
105.36     (4) foster care for a specified period of time may be 
106.1   ordered only if: 
106.2      (i) the sole basis for an adjudication that a child is in 
106.3   need of protection or services is that the child is a runaway, 
106.4   is an habitual truant, or committed a delinquent act before age 
106.5   ten; and 
106.6      (ii) the court finds that foster care for a specified 
106.7   period of time is in the best interests of the child. 
106.8      ~~(b) The court may extend the time period for determination~~ 
106.9   ~~of permanent placement to 18 months after the child was placed~~ 
106.10  ~~in a residential facility if:~~ 
106.11     ~~(1) there is a substantial probability that the child will~~ 
106.12  ~~be returned home within the next six months;~~ 
106.13     ~~(2) the agency has not made reasonable, or, in the case of~~ 
106.14  ~~an Indian child, active efforts, to correct the conditions that~~ 
106.15  ~~form the basis of the out-of-home placement; or~~ 
106.16     ~~(3) extraordinary circumstances exist precluding a~~ 
106.17  ~~permanent placement determination, in which case the court shall~~ 
106.18  ~~make written findings documenting the extraordinary~~ 
106.19  ~~circumstances and order one subsequent review after six months~~ 
106.20  ~~to determine permanent placement.  A court finding that~~ 
106.21  ~~extraordinary circumstances exist precluding a permanent~~ 
106.22  ~~placement determination must be supported by detailed factual~~ 
106.23  ~~findings regarding those circumstances.~~ 
106.24     ~~(c)~~ (d) In ordering a permanent placement of a child, the 
106.25  court must be governed by the best interests of the child, 
106.26  including a review of the relationship between the child and 
106.27  relatives and the child and other important persons with whom 
106.28  the child has resided or had significant contact. 
106.29     ~~(d)~~ (e) Once a permanent placement determination has been 
106.30  made and permanent placement has been established, further 
106.31  reviews are only necessary if the placement is made under 
106.32  paragraph (c), clause (4), review is otherwise required by 
106.33  federal law, an adoption has not yet been finalized, or there is 
106.34  a disruption of the permanent or long-term placement.  If 
106.35  required, reviews must take place no less frequently than every 
106.36  six months. 
107.1      ~~(e)~~ (f) An order under this subdivision must include the 
107.2   following detailed findings: 
107.3      (1) how the child's best interests are served by the order; 
107.4      (2) the nature and extent of the responsible social service 
107.5   agency's reasonable efforts, or, in the case of an Indian child, 
107.6   active efforts, to reunify the child with the parent or parents; 
107.7      (3) the parent's or parents' efforts and ability to use 
107.8   services to correct the conditions which led to the out-of-home 
107.9   placement; 
107.10     (4) whether the conditions which led to the out-of-home 
107.11  placement have been corrected so that the child can return home; 
107.12  and 
107.13     (5) if the child cannot be returned home, whether there is 
107.14  a substantial probability of the child being able to return home 
107.15  in the next six months.  
107.16     ~~(f)~~ (g) An order for permanent legal and physical custody 
107.17  of a child may be modified under sections 518.18 and 518.185.  
107.18  The social service agency is a party to the proceeding and must 
107.19  receive notice.  An order for long-term foster care is 
107.20  reviewable upon motion and a showing by the parent of a 
107.21  substantial change in the parent's circumstances such that the 
107.22  parent could provide appropriate care for the child and that 
107.23  removal of the child from the child's permanent placement and 
107.24  the return to the parent's care would be in the best interest of 
107.25  the child. 
107.26     Sec. 28.  Minnesota Statutes 1996, section 260.191, 
107.27  subdivision 4, is amended to read: 
107.28     Subd. 4.  [CONTINUANCE OF CASE.] ~~When~~ If it is in the best 
107.29  interests of the child ~~or the child's parents~~ to do so and ~~when~~ 
107.30  ~~either~~ if the allegations contained in the petition have been 
107.31  admitted, or when a hearing has been held as provided in section 
107.32  260.155 and the allegations contained in the petition have been 
107.33  duly proven, before the entry of a finding of need for 
107.34  protection or services or a finding that a child is neglected 
107.35  and in foster care ~~has been entered~~, the court may continue the 
107.36  case for a period not to exceed 90 days on any one order.  ~~Such~~ 
108.1   ~~a continuance may be extended for one additional successive~~ 
108.2   ~~period not to exceed 90 days and only after the court has~~ 
108.3   ~~reviewed the case and entered its order for an additional~~ 
108.4   ~~continuance without a finding that the child is in need of~~ 
108.5   ~~protection or services or neglected and in foster care.  During~~ 
108.6   ~~this continuance the court may enter any order otherwise~~ 
108.7   ~~permitted under the provisions of this section.~~  Following the 
108.8   90-day continuance: 
108.9      (1) if both the parent and child have complied with the 
108.10  terms of the continuance, the case must be dismissed without an 
108.11  adjudication that the child is in need of protection or services 
108.12  or that the child is neglected and in foster care; or 
108.13     (2) if either the parent or child has not complied with the 
108.14  terms of the continuance, the court shall adjudicate the child 
108.15  in need of protection or services or neglected and in foster 
108.16  care. 
108.17     Sec. 29.  Minnesota Statutes 1996, section 260.192, is 
108.18  amended to read: 
108.19     260.192 [DISPOSITIONS; VOLUNTARY FOSTER CARE PLACEMENTS.] 
108.20     Upon a petition for review of the foster care status of a 
108.21  child, the court may:  
108.22     (a) In the case of a petition required to be filed under 
108.23  section 257.071, subdivision 3, find that the child's needs are 
108.24  being met, that the child's placement in foster care is in the 
108.25  best interests of the child, and that the child will be returned 
108.26  home in the next six months, in which case the court shall 
108.27  approve the voluntary arrangement and continue the matter for 
108.28  six months to assure the child returns to the parent's home.  
108.29     (b) In the case of a petition required to be filed under 
108.30  section 257.071, subdivision 4, find that the child's needs are 
108.31  being met and that the child's placement in foster care is in 
108.32  the best interests of the child, in which case the court shall 
108.33  approve the voluntary arrangement.  The court shall order the 
108.34  social service agency responsible for the placement to bring a 
108.35  petition under section 260.131, subdivision 1 or 1a, as 
108.36  appropriate, within ~~two years~~ 12 months. 
109.1      (c) Find that the child's needs are not being met, in which 
109.2   case the court shall order the social service agency or the 
109.3   parents to take whatever action is necessary and feasible to 
109.4   meet the child's needs, including, when appropriate, the 
109.5   provision by the social service agency of services to the 
109.6   parents which would enable the child to live at home, and order 
109.7   a disposition under section 260.191. 
109.8      (d) Find that the child has been abandoned by parents 
109.9   financially or emotionally, or that the developmentally disabled 
109.10  child does not require out-of-home care because of the 
109.11  handicapping condition, in which case the court shall order the 
109.12  social service agency to file an appropriate petition pursuant 
109.13  to sections 260.131, subdivision 1, or 260.231. 
109.14     Nothing in this section shall be construed to prohibit 
109.15  bringing a petition pursuant to section 260.131, subdivision 1 
109.16  or 2, sooner than required by court order pursuant to this 
109.17  section. 
109.18     Sec. 30.  Minnesota Statutes 1996, section 260.221, 
109.19  subdivision 1, is amended to read: 
109.20     Subdivision 1.  [VOLUNTARY AND INVOLUNTARY.] The juvenile 
109.21  court may upon petition, terminate all rights of a parent to a 
109.22  child in the following cases: 
109.23     (a) With the written consent of a parent who for good cause 
109.24  desires to terminate parental rights; or 
109.25     (b) If it finds that one or more of the following 
109.26  conditions exist: 
109.27     (1) that the parent has abandoned the child.  Abandonment 
109.28  is presumed when: 
109.29     (i) the parent has had no contact with the child on a 
109.30  regular basis and no demonstrated, consistent interest in the 
109.31  child's well-being for six months; and 
109.32     (ii) the social service agency has made reasonable efforts 
109.33  to facilitate contact, unless the parent establishes that an 
109.34  extreme financial or physical hardship or treatment for mental 
109.35  disability or chemical dependency or other good cause prevented 
109.36  the parent from making contact with the child.  This presumption 
110.1   does not apply to children whose custody has been determined 
110.2   under chapter 257 or 518.  The court is not prohibited from 
110.3   finding abandonment in the absence of this presumption; or 
110.4      (2) that the parent has substantially, continuously, or 
110.5   repeatedly refused or neglected to comply with the duties 
110.6   imposed upon that parent by the parent and child relationship, 
110.7   including but not limited to providing the child with necessary 
110.8   food, clothing, shelter, education, and other care and control 
110.9   necessary for the child's physical, mental, or emotional health 
110.10  and development, if the parent is physically and financially 
110.11  able, and reasonable efforts by the social service agency have 
110.12  failed to correct the conditions that formed the basis of the 
110.13  petition; or 
110.14     (3) that a parent has been ordered to contribute to the 
110.15  support of the child or financially aid in the child's birth and 
110.16  has continuously failed to do so without good cause.  This 
110.17  clause shall not be construed to state a grounds for termination 
110.18  of parental rights of a noncustodial parent if that parent has 
110.19  not been ordered to or cannot financially contribute to the 
110.20  support of the child or aid in the child's birth; or 
110.21     (4) that a parent is palpably unfit to be a party to the 
110.22  parent and child relationship because of a consistent pattern of 
110.23  specific conduct before the child or of specific conditions 
110.24  directly relating to the parent and child relationship either of 
110.25  which are determined by the court to be of a duration or nature 
110.26  that renders the parent unable, for the reasonably foreseeable 
110.27  future, to care appropriately for the ongoing physical, mental, 
110.28  or emotional needs of the child.  It is presumed that a parent 
110.29  is palpably unfit to be a party to the parent and child 
110.30  relationship upon a showing that: 
110.31     (i) the child was adjudicated in need of protection or 
110.32  services due to circumstances described in section 260.015, 
110.33  subdivision 2a, clause (1), (2), (3), (5), or (8); and 
110.34     (ii) ~~within the three-year period immediately prior to that~~ 
110.35  ~~adjudication,~~ the parent's parental rights to one or more other 
110.36  children were involuntarily terminated under clause (1), (2), 
111.1   (4), or (7), or under clause (5) if the child was initially 
111.2   determined to be in need of protection or services due to 
111.3   circumstances described in section 260.015, subdivision 2a, 
111.4   clause (1), (2), (3), (5), or (8); or 
111.5      (5) that following upon a determination of neglect or 
111.6   dependency, or of a child's need for protection or services, 
111.7   reasonable efforts, under the direction of the court, have 
111.8   failed to correct the conditions leading to the determination.  
111.9   It is presumed that reasonable efforts under this clause have 
111.10  failed upon a showing that: 
111.11     (i) a child has resided out of the parental home under 
111.12  court order for a cumulative period of more than one year within 
111.13  a five-year period following an adjudication of dependency, 
111.14  neglect, need for protection or services under section 260.015, 
111.15  subdivision 2a, clause (1), (2), (3), (6), (8), or (9), or 
111.16  neglected and in foster care, and an order for disposition under 
111.17  section 260.191, including adoption of the case plan required by 
111.18  section 257.071; 
111.19     (ii) conditions leading to the determination will not be 
111.20  corrected within the reasonably foreseeable future.  It is 
111.21  presumed that conditions leading to a child's out-of-home 
111.22  placement will not be corrected in the reasonably foreseeable 
111.23  future upon a showing that the parent or parents have not 
111.24  substantially complied with the court's orders and a reasonable 
111.25  case plan, and the conditions which led to the out-of-home 
111.26  placement have not been corrected; and 
111.27     (iii) reasonable efforts have been made by the social 
111.28  service agency to rehabilitate the parent and reunite the family.
111.29     This clause does not prohibit the termination of parental 
111.30  rights prior to one year after a child has been placed out of 
111.31  the home.  
111.32     It is also presumed that reasonable efforts have failed 
111.33  under this clause upon a showing that: 
111.34     (i) the parent has been diagnosed as chemically dependent 
111.35  by a professional certified to make the diagnosis; 
111.36     (ii) the parent has been required by a case plan to 
112.1   participate in a chemical dependency treatment program; 
112.2      (iii) the treatment programs offered to the parent were 
112.3   culturally, linguistically, and clinically appropriate; 
112.4      (iv) the parent has either failed two or more times to 
112.5   successfully complete a treatment program or has refused at two 
112.6   or more separate meetings with a caseworker to participate in a 
112.7   treatment program; and 
112.8      (v) the parent continues to abuse chemicals.  
112.9   Provided, that this presumption applies only to parents required 
112.10  by a case plan to participate in a chemical dependency treatment 
112.11  program on or after July 1, 1990; or 
112.12     (6) that a child has experienced egregious harm in the 
112.13  parent's care which is of a nature, duration, or chronicity that 
112.14  indicates a lack of regard for the child's well-being, such that 
112.15  a reasonable person would believe it contrary to the best 
112.16  interest of the child or of any child to be in the parent's 
112.17  care; or 
112.18     (7) that in the case of a child born to a mother who was 
112.19  not married to the child's father when the child was conceived 
112.20  nor when the child was born the person is not entitled to notice 
112.21  of an adoption hearing under section 259.49 and either the 
112.22  person has not filed a notice of intent to retain parental 
112.23  rights under section 259.51 or that the notice has been 
112.24  successfully challenged; ~~or~~ 
112.25     (8) that the child is neglected and in foster care. 
112.26  In an action involving an American Indian child, sections 257.35 
112.27  to 257.3579 and the Indian Child Welfare Act, United States 
112.28  Code, title 25, sections 1901 to 1923, control to the extent 
112.29  that the provisions of this section are inconsistent with those 
112.30  laws; or 
112.31     (9) that the parent has been convicted of a crime listed in 
112.32  section 260.012, paragraph (b), clauses (1) to (3). 
112.33     Sec. 31.  Minnesota Statutes 1996, section 260.221, 
112.34  subdivision 5, is amended to read: 
112.35     Subd. 5.  [FINDINGS REGARDING REASONABLE EFFORTS.] In any 
112.36  proceeding under this section, the court shall make specific 
113.1   findings: 
113.2      (1) regarding the nature and extent of efforts made by the 
113.3   social service agency to rehabilitate the parent and reunite the 
113.4   family~~.~~; 
113.5      (2) that provision of services or further services for the 
113.6   purpose of rehabilitation and reunification is futile and 
113.7   therefore unreasonable under the circumstances; or 
113.8      (3) that reunification is not required because the parent 
113.9   has been convicted of a crime listed in section 260.012, 
113.10  paragraph (b), clauses (1) to (3). 
113.11     Sec. 32.  Minnesota Statutes 1996, section 260.241, 
113.12  subdivision 1, is amended to read: 
113.13     Subdivision 1.  If, after a hearing, the court finds by 
113.14  clear and convincing evidence that one or more of the conditions 
113.15  set out in section 260.221 exist, it may terminate parental 
113.16  rights.  Upon the termination of parental rights all rights, 
113.17  powers, privileges, immunities, duties, and obligations, 
113.18  including any rights to custody, control, visitation, or support 
113.19  existing between the child and parent shall be severed and 
113.20  terminated and the parent shall have no standing to appear at 
113.21  any further legal proceeding concerning the child.  Provided, 
113.22  however, that a parent whose parental rights are terminated: 
113.23     (1) shall remain liable for the unpaid balance of any 
113.24  support obligation owed under a court order upon the effective 
113.25  date of the order terminating parental rights; and 
113.26     (2) may be a party to a communication or contact agreement 
113.27  under section 259.58. 
113.28     Sec. 33.  Minnesota Statutes 1996, section 260.241, 
113.29  subdivision 3, is amended to read: 
113.30     Subd. 3.  (a) A certified copy of the findings and the 
113.31  order terminating parental rights, and a summary of the court's 
113.32  information concerning the child shall be furnished by the court 
113.33  to the commissioner or the agency to which guardianship is 
113.34  transferred.  The orders shall be on a document separate from 
113.35  the findings.  The court shall furnish the individual to whom 
113.36  guardianship is transferred a copy of the order terminating 
114.1   parental rights. 
114.2      (b) The court shall retain jurisdiction in a case where 
114.3   adoption is the intended permanent placement disposition.  The 
114.4   guardian ad litem and counsel for the child shall continue on 
114.5   the case until an adoption decree is entered.  A hearing must be 
114.6   held every 90 days following termination of parental rights for 
114.7   the court to review progress toward an adoptive placement. 
114.8      (c) The court shall retain jurisdiction in a case where 
114.9   long-term foster care is the permanent disposition.  The 
114.10  guardian ad litem and counsel for the child must be dismissed 
114.11  from the case on the effective date of the permanent placement 
114.12  order.  However, the foster parent and the child, if of 
114.13  sufficient age, must be informed how they may contact a guardian 
114.14  ad litem if the matter is subsequently returned to court. 
114.15     Sec. 34.  [UNIFORM PRIVATE CHIPS PETITION.] 
114.16     The state court administrator shall prepare and make 
114.17  available to court administrators in each county the private 
114.18  CHIPS petition form required by Minnesota Statutes, section 
114.19  260.131, subdivision 1.  
114.20     Sec. 35.  [JUVENILE CODE RECODIFICATION.] 
114.21     The revisor of statutes shall reorganize Minnesota 
114.22  Statutes, chapter 260, and other laws relating to child 
114.23  protection and child welfare services to create separate, 
114.24  comprehensible areas of law dealing with child protection and 
114.25  delinquency in the form of a bill for introduction at the 1998 
114.26  regular legislative session. 
114.27     Sec. 36.  [ADOPTIVE AND FOSTER FAMILY RECRUITMENT.] 
114.28     The commissioner of human services shall explore strategies 
114.29  and incentives to facilitate recruitment of foster and adoptive 
114.30  families.  The commissioner shall report to the supreme court 
114.31  and the chairs of the committees on the judiciary and on health 
114.32  and human services in the house of representatives and the 
114.33  senate by February 1, 1998, on an action proposal and whether 
114.34  any legislation is needed to implement it. 
114.35     Sec. 37.  [COURT CONTINUITY AND CASE MANAGEMENT.] 
114.36     The chief judges of the district courts, in consultation 
115.1   with the state court administrator, shall develop case 
115.2   management systems so that one judge hears all phases of a 
115.3   proceeding on a child in need of protection or services, 
115.4   including permanent placement or adoption, if any.  The chief 
115.5   judges shall consider the "one judge, one family" model and the 
115.6   experience of the Ramsey county pilot project.  
115.7      Sec. 38.  [SOCIAL SERVICE CONTINUITY.] 
115.8      Whenever feasible, managers and directors of local social 
115.9   service agencies should promote continuity and reduce delays in 
115.10  a case by assigning one person until it concludes in 
115.11  reunification or a permanent placement plan. 
115.12     Sec. 39.  [REPEALER.] 
115.13     Minnesota Statutes 1996, section 259.33, is repealed. 
115.14     Sec. 40.  [EFFECTIVE DATE; APPLICATION.] 
115.15     Section 1, subdivisions 1 and 2, are effective the day 
115.16  following final enactment.  
115.17     Section 1, subdivisions 3 to 8, are effective July 1, 1997. 
115.18     Section 27, paragraph (a), clause (2), applies to children 
115.19  who were first placed outside the home on or after August 1, 
115.20  1995. 
115.21                             ARTICLE 7 
115.22                           CRIME VICTIMS 
115.23     Section 1.  Minnesota Statutes 1996, section 169.042, 
115.24  subdivision 1, is amended to read: 
115.25     Subdivision 1.  [NOTIFICATION.] ~~A~~ The law enforcement 
115.26  agency that originally received the report of a vehicle theft 
115.27  shall make a reasonable and good-faith effort to notify the 
115.28  victim of ~~a~~ the reported vehicle theft within 48 hours after ~~the~~ 
115.29  ~~agency recovers the vehicle~~ recovering the vehicle or receiving 
115.30  notification that the vehicle has been recovered.  The notice 
115.31  must specify when the recovering law enforcement agency expects 
115.32  to release the vehicle to the owner and ~~how~~ where the owner may 
115.33  pick up the vehicle.  The law enforcement agency that recovers 
115.34  the vehicle must promptly inform the agency that received the 
115.35  theft report that the vehicle is recovered, where the vehicle is 
115.36  located, and when the vehicle can be released to the owner. 
116.1      Sec. 2.  [TITLE.] 
116.2      Sections 3, 4, 8, 9, 10, 12, 13, and 15 shall be known as 
116.3   the "Alex and Brandon Frank Child Safety Act." 
116.4      Sec. 3.  Minnesota Statutes 1996, section 256F.09, 
116.5   subdivision 2, is amended to read: 
116.6      Subd. 2.  [FUNDING.] The commissioner may award grants to 
116.7   create or maintain family visitation centers. 
116.8      In awarding grants to maintain a family visitation center, 
116.9   the commissioner may award a grant to a center that can 
116.10  demonstrate a 35 percent local match, provided the center is 
116.11  diligently exploring and pursuing all available funding options 
116.12  in an effort to become self-sustaining, and those efforts are 
116.13  reported to the commissioner. 
116.14     In awarding grants to create a family visitation center, 
116.15  the commissioner shall give priority to: 
116.16     (1) areas of the state where no other family visitation 
116.17  center or similar facility exists; 
116.18     (2) applicants who demonstrate that private funding for the 
116.19  center is available and will continue; and 
116.20     (3) facilities that are adapted for use to care for 
116.21  children, such as day care centers, religious institutions, 
116.22  community centers, schools, technical colleges, parenting 
116.23  resource centers, and child care referral services.  
116.24     In awarding grants to create or maintain a family 
116.25  visitation center, the commissioner shall require the proposed 
116.26  center to meet standards developed by the commissioner to ensure 
116.27  the safety of the custodial parent and children. 
116.28     Sec. 4.  Minnesota Statutes 1996, section 256F.09, 
116.29  subdivision 3, is amended to read: 
116.30     Subd. 3.  [ADDITIONAL SERVICES.] Each family visitation 
116.31  center may provide parenting and child development classes, and 
116.32  offer support groups to participating custodial parents and hold 
116.33  regular classes designed to assist children who have experienced 
116.34  domestic violence and abuse.  Each family visitation center must 
116.35  have available an individual knowledgeable about or experienced 
116.36  in the provision of services to battered women on its staff, its 
117.1   board of directors, or otherwise available to it for 
117.2   consultation. 
117.3      Sec. 5.  Minnesota Statutes 1996, section 260.161, 
117.4   subdivision 2, is amended to read: 
117.5      Subd. 2.  [PUBLIC INSPECTION OF RECORDS.] Except as 
117.6   otherwise provided in this section, and except for legal records 
117.7   arising from proceedings or portions of proceedings that are 
117.8   public under section 260.155, subdivision 1, none of the records 
117.9   of the juvenile court and none of the records relating to an 
117.10  appeal from a nonpublic juvenile court proceeding, except the 
117.11  written appellate opinion, shall be open to public inspection or 
117.12  their contents disclosed except (a) by order of a court ~~or~~, (b) 
117.13  as required by sections 245A.04, 611A.03, 611A.04, 611A.06, and 
117.14  629.73, or (c) the name of a juvenile who is the subject of a 
117.15  delinquency petition shall be released to the victim of the 
117.16  alleged delinquent act upon the victim's request; unless it 
117.17  reasonably appears that release would interfere with the 
117.18  prosecution of the petition or it reasonably appears that the 
117.19  request is prompted by a desire on the part of the requester to 
117.20  engage in unlawful activities.  The records of juvenile 
117.21  probation officers and county home schools are records of the 
117.22  court for the purposes of this subdivision.  Court services data 
117.23  relating to delinquent acts that are contained in records of the 
117.24  juvenile court may be released as allowed under section 13.84, 
117.25  subdivision 5a.  This subdivision applies to all proceedings 
117.26  under this chapter, including appeals from orders of the 
117.27  juvenile court, except that this subdivision does not apply to 
117.28  proceedings under section 260.255, 260.261, or 260.315 when the 
117.29  proceeding involves an adult defendant.  The court shall 
117.30  maintain the confidentiality of adoption files and records in 
117.31  accordance with the provisions of laws relating to adoptions.  
117.32  In juvenile court proceedings any report or social history 
117.33  furnished to the court shall be open to inspection by the 
117.34  attorneys of record and the guardian ad litem a reasonable time 
117.35  before it is used in connection with any proceeding before the 
117.36  court. 
118.1      When a judge of a juvenile court, or duly authorized agent 
118.2   of the court, determines under a proceeding under this chapter 
118.3   that a child has violated a state or local law, ordinance, or 
118.4   regulation pertaining to the operation of a motor vehicle on 
118.5   streets and highways, except parking violations, the judge or 
118.6   agent shall immediately report the violation to the commissioner 
118.7   of public safety.  The report must be made on a form provided by 
118.8   the department of public safety and must contain the information 
118.9   required under section 169.95. 
118.10     Sec. 6.  Minnesota Statutes 1996, section 260.161, 
118.11  subdivision 3, is amended to read: 
118.12     Subd. 3.  [PEACE OFFICER RECORDS OF CHILDREN.] (a) Except 
118.13  for records relating to an offense where proceedings are public 
118.14  under section 260.155, subdivision 1, peace officers' records of 
118.15  children who are or may be delinquent or who may be engaged in 
118.16  criminal acts shall be kept separate from records of persons 18 
118.17  years of age or older and are private data but shall be 
118.18  disseminated:  (1) by order of the juvenile court, (2) as 
118.19  required by section 126.036, (3) as authorized under section 
118.20  13.82, subdivision 2, (4) to the child or the child's parent or 
118.21  guardian unless disclosure of a record would interfere with an 
118.22  ongoing investigation, ~~or~~ (5) to the Minnesota crime victims 
118.23  reparations board as required by section 611A.56, subdivision 2, 
118.24  clause (f), for the purpose of processing claims for crime 
118.25  victims reparations, or (6) as otherwise provided in this 
118.26  subdivision.  Except as provided in paragraph (c), no 
118.27  photographs of a child taken into custody may be taken without 
118.28  the consent of the juvenile court unless the child is alleged to 
118.29  have violated section 169.121 or 169.129.  Peace officers' 
118.30  records containing data about children who are victims of crimes 
118.31  or witnesses to crimes must be administered consistent with 
118.32  section 13.82, subdivisions 2, 3, 4, and 10.  Any person 
118.33  violating any of the provisions of this subdivision shall be 
118.34  guilty of a misdemeanor. 
118.35     In the case of computerized records maintained about 
118.36  juveniles by peace officers, the requirement of this subdivision 
119.1   that records about juveniles must be kept separate from adult 
119.2   records does not mean that a law enforcement agency must keep 
119.3   its records concerning juveniles on a separate computer system.  
119.4   Law enforcement agencies may keep juvenile records on the same 
119.5   computer as adult records and may use a common index to access 
119.6   both juvenile and adult records so long as the agency has in 
119.7   place procedures that keep juvenile records in a separate place 
119.8   in computer storage and that comply with the special data 
119.9   retention and other requirements associated with protecting data 
119.10  on juveniles. 
119.11     (b) Nothing in this subdivision prohibits the exchange of 
119.12  information by law enforcement agencies if the exchanged 
119.13  information is pertinent and necessary to the requesting agency 
119.14  in initiating, furthering, or completing a criminal 
119.15  investigation. 
119.16     (c) A photograph may be taken of a child taken into custody 
119.17  pursuant to section 260.165, subdivision 1, clause (b), provided 
119.18  that the photograph must be destroyed when the child reaches the 
119.19  age of 19 years.  The commissioner of corrections may photograph 
119.20  juveniles whose legal custody is transferred to the 
119.21  commissioner.  Photographs of juveniles authorized by this 
119.22  paragraph may be used only for institution management purposes, 
119.23  case supervision by parole agents, and to assist law enforcement 
119.24  agencies to apprehend juvenile offenders.  The commissioner 
119.25  shall maintain photographs of juveniles in the same manner as 
119.26  juvenile court records and names under this section. 
119.27     (d) Traffic investigation reports are open to inspection by 
119.28  a person who has sustained physical harm or economic loss as a 
119.29  result of the traffic accident.  Identifying information on 
119.30  juveniles who are parties to traffic accidents may be disclosed 
119.31  as authorized under section 13.82, subdivision 4, and accident 
119.32  reports required under section 169.09 may be released under 
119.33  section 169.09, subdivision 13, unless the information would 
119.34  identify a juvenile who was taken into custody or who is 
119.35  suspected of committing an offense that would be a crime if 
119.36  committed by an adult, or would associate a juvenile with the 
120.1   offense, and the offense is not a minor traffic offense under 
120.2   section 260.193. 
120.3      (e) A law enforcement agency shall notify the principal or 
120.4   chief administrative officer of a juvenile's school of an 
120.5   incident occurring within the agency's jurisdiction if: 
120.6      (1) the agency has probable cause to believe that the 
120.7   juvenile has committed an offense that would be a crime if 
120.8   committed as an adult, that the victim of the offense is a 
120.9   student or staff member of the school, and that notice to the 
120.10  school is reasonably necessary for the protection of the victim; 
120.11  or 
120.12     (2) the agency has probable cause to believe that the 
120.13  juvenile has committed an offense described in subdivision 1b, 
120.14  paragraph (a), clauses (1) to (3), that would be a crime if 
120.15  committed by an adult, regardless of whether the victim is a 
120.16  student or staff member of the school. 
120.17     A law enforcement agency is not required to notify the 
120.18  school under this paragraph if the agency determines that notice 
120.19  would jeopardize an ongoing investigation.  Notwithstanding 
120.20  section 138.17, data from a notice received from a law 
120.21  enforcement agency under this paragraph must be destroyed when 
120.22  the juvenile graduates from the school or at the end of the 
120.23  academic year when the juvenile reaches age 23, whichever date 
120.24  is earlier.  For purposes of this paragraph, "school" means a 
120.25  public or private elementary, middle, or secondary school. 
120.26     (f) In any county in which the county attorney operates or 
120.27  authorizes the operation of a juvenile prepetition or pretrial 
120.28  diversion program, a law enforcement agency or county attorney's 
120.29  office may provide the juvenile diversion program with data 
120.30  concerning a juvenile who is a participant in or is being 
120.31  considered for participation in the program. 
120.32     (g) Upon request of a local social service agency, peace 
120.33  officer records of children who are or may be delinquent or who 
120.34  may be engaged in criminal acts may be disseminated to the 
120.35  agency to promote the best interests of the subject of the data. 
120.36     (h) Upon written request, the prosecuting authority shall 
121.1   release investigative data collected by a law enforcement agency 
121.2   to the victim of a criminal act or alleged criminal act or to 
121.3   the victim's legal representative, except as otherwise provided 
121.4   by this paragraph.  Data shall not be released if: 
121.5      (1) the release to the individual subject of the data would 
121.6   be prohibited under section 13.391; or 
121.7      (2) the prosecuting authority reasonably believes: 
121.8      (i) that the release of that data will interfere with the 
121.9   investigation; or 
121.10     (ii) that the request is prompted by a desire on the part 
121.11  of the requester to engage in unlawful activities. 
121.12     Sec. 7.  Minnesota Statutes 1996, section 480.30, 
121.13  subdivision 1, is amended to read: 
121.14     Subdivision 1.  [CHILD ABUSE; DOMESTIC ABUSE; HARASSMENT.] 
121.15  The supreme court's judicial education program must include 
121.16  ongoing training for district court judges on child and 
121.17  adolescent sexual abuse, domestic abuse, harassment, stalking, 
121.18  and related civil and criminal court issues.  The program must 
121.19  include the following: 
121.20     (1) information about the specific needs of victims~~.  The~~ 
121.21  ~~program must include~~; 
121.22     (2) education on the causes of sexual abuse and family 
121.23  violence ~~and~~; 
121.24     (3) education on culturally responsive approaches to 
121.25  serving victims; and 
121.26     (4) education on the impacts of domestic abuse and domestic 
121.27  abuse allegations on children and the importance of considering 
121.28  these impacts when making visitation and child custody decisions 
121.29  under chapter 518.  
121.30     The program also must emphasize the need for the 
121.31  coordination of court and legal victim advocacy services and 
121.32  include education on sexual abuse and domestic abuse programs 
121.33  and policies within law enforcement agencies and prosecuting 
121.34  authorities as well as the court system.  
121.35     Sec. 8.  Minnesota Statutes 1996, section 518.10, is 
121.36  amended to read: 
122.1      518.10 [REQUISITES OF PETITION.] 
122.2      The petition for dissolution of marriage or legal 
122.3   separation shall state and allege: 
122.4      (a) The name and address of the petitioner and any prior or 
122.5   other name used by the petitioner; 
122.6      (b) The name and, if known, the address of the respondent 
122.7   and any prior or other name used by the respondent and known to 
122.8   the petitioner; 
122.9      (c) The place and date of the marriage of the parties; 
122.10     (d) In the case of a petition for dissolution, that either 
122.11  the petitioner or the respondent or both:  
122.12     (1) Has resided in this state for not less than 180 days 
122.13  immediately preceding the commencement of the proceeding, or 
122.14     (2) Has been a member of the armed services and has been 
122.15  stationed in this state for not less than 180 days immediately 
122.16  preceding the commencement of the proceeding, or 
122.17     (3) Has been a domiciliary of this state for not less than 
122.18  180 days immediately preceding the commencement of the 
122.19  proceeding; 
122.20     (e) The name at the time of the petition and any prior or 
122.21  other name, age and date of birth of each living minor or 
122.22  dependent child of the parties born before the marriage or born 
122.23  or adopted during the marriage and a reference to, and the 
122.24  expected date of birth of, a child of the parties conceived 
122.25  during the marriage but not born; 
122.26     (f) Whether or not a separate proceeding for dissolution, 
122.27  legal separation, or custody is pending in a court in this state 
122.28  or elsewhere; 
122.29     (g) In the case of a petition for dissolution, that there 
122.30  has been an irretrievable breakdown of the marriage 
122.31  relationship; 
122.32     (h) In the case of a petition for legal separation, that 
122.33  there is a need for a decree of legal separation; ~~and~~ 
122.34     (i) Any temporary or permanent maintenance, child support, 
122.35  child custody, disposition of property, attorneys' fees, costs 
122.36  and disbursements applied for without setting forth the amounts; 
123.1   and 
123.2      (j) Whether an order for protection under chapter 518B or a 
123.3   similar law of another state that governs the parties or a party 
123.4   and a minor child of the parties is in effect and, if so, the 
123.5   district court or similar jurisdiction in which it was entered. 
123.6      The petition shall be verified by the petitioner or 
123.7   petitioners, and its allegations established by competent 
123.8   evidence.  
123.9      Sec. 9.  Minnesota Statutes 1996, section 518.175, is 
123.10  amended by adding a subdivision to read: 
123.11     Subd. 1a.  [DOMESTIC ABUSE; SUPERVISED VISITATION.] (a) If 
123.12  a custodial parent requests supervised visitation under 
123.13  subdivision 1 or 5 and an order for protection under chapter 
123.14  518B or a similar law of another state is in effect against the 
123.15  noncustodial parent to protect the custodial parent or the 
123.16  child, the judge must consider the order for protection in 
123.17  making a decision regarding visitation. 
123.18     (b) The state court administrator shall develop standards 
123.19  to be met by persons who are responsible for supervising 
123.20  visitation.  Either parent may challenge the appropriateness of 
123.21  an individual chosen by the court to supervise visitation. 
123.22     Sec. 10.  Minnesota Statutes 1996, section 518.175, 
123.23  subdivision 5, is amended to read: 
123.24     Subd. 5.  The court shall modify an order granting or 
123.25  denying visitation rights whenever modification would serve the 
123.26  best interests of the child.  Except as provided in section 
123.27  631.52, the court may not restrict visitation rights unless it 
123.28  finds that:  
123.29     (1) the visitation is likely to endanger the child's 
123.30  physical or emotional health or impair the child's emotional 
123.31  development; or 
123.32     (2) the noncustodial parent has chronically and 
123.33  unreasonably failed to comply with court-ordered visitation. 
123.34     If the custodial parent makes specific allegations that 
123.35  visitation places the custodial parent or child in danger of 
123.36  harm, the court shall hold a hearing at the earliest possible 
124.1   time to determine the need to modify the order granting 
124.2   visitation rights.  Consistent with subdivision 1a, the court 
124.3   may require a third party, including the local social services 
124.4   agency, to supervise the visitation or may restrict a parent's 
124.5   visitation rights if necessary to protect the custodial parent 
124.6   or child from harm.  
124.7      Sec. 11.  Minnesota Statutes 1996, section 518.179, 
124.8   subdivision 2, is amended to read: 
124.9      Subd. 2.  [APPLICABLE CRIMES.] This section applies to the 
124.10  following crimes or similar crimes under the laws of the United 
124.11  States, or any other state: 
124.12     (1) murder in the first, second, or third degree under 
124.13  section 609.185, 609.19, or 609.195; 
124.14     (2) manslaughter in the first degree under section 609.20; 
124.15     (3) assault in the first, second, or third degree under 
124.16  section 609.221, 609.222, or 609.223; 
124.17     (4) kidnapping under section 609.25; 
124.18     (5) depriving another of custodial or parental rights under 
124.19  section 609.26; 
124.20     (6) soliciting, inducing, or promoting prostitution 
124.21  involving a minor under section 609.322; 
124.22     (7) receiving profit from prostitution involving a minor 
124.23  under section 609.323; 
124.24     (8) criminal sexual conduct in the first degree under 
124.25  section 609.342; 
124.26     (9) criminal sexual conduct in the second degree under 
124.27  section 609.343; 
124.28     (10) criminal sexual conduct in the third degree under 
124.29  section 609.344, subdivision 1, paragraph (c), (f), or (g); 
124.30     (11) solicitation of a child to engage in sexual conduct 
124.31  under section 609.352; 
124.32     (12) incest under section 609.365; 
124.33     (13) malicious punishment of a child under section 609.377; 
124.34  ~~or~~ 
124.35     (14) neglect of a child under section 609.378; 
124.36     (15) terroristic threats under section 609.713; or 
125.1      (16) felony harassment or stalking under section 609.749, 
125.2   subdivision 4. 
125.3      Sec. 12.  Minnesota Statutes 1996, section 518B.01, 
125.4   subdivision 4, is amended to read: 
125.5      Subd. 4.  [ORDER FOR PROTECTION.] There shall exist an 
125.6   action known as a petition for an order for protection in cases 
125.7   of domestic abuse.  
125.8      (a) A petition for relief under this section may be made by 
125.9   any family or household member personally or by a family or 
125.10  household member, a guardian as defined in section 524.1-201, 
125.11  clause (20), or, if the court finds that it is in the best 
125.12  interests of the minor, by a reputable adult age 25 or older on 
125.13  behalf of minor family or household members.  A minor age 16 or 
125.14  older may make a petition on the minor's own behalf against a 
125.15  spouse or former spouse, or a person with whom the minor has a 
125.16  child in common, if the court determines that the minor has 
125.17  sufficient maturity and judgment and that it is in the best 
125.18  interests of the minor. 
125.19     (b) A petition for relief shall allege the existence of 
125.20  domestic abuse, and shall be accompanied by an affidavit made 
125.21  under oath stating the specific facts and circumstances from 
125.22  which relief is sought.  
125.23     (c) A petition for relief must state whether the petitioner 
125.24  has ever had an order for protection in effect against the 
125.25  respondent. 
125.26     (d) A petition for relief must state whether there is an 
125.27  existing order for protection in effect under this chapter 
125.28  governing both the parties and whether there is a pending 
125.29  lawsuit, complaint, petition or other action between the parties 
125.30  under chapter 257, 518, 518A, 518B, or 518C.  The court 
125.31  administrator shall verify the terms of any existing order 
125.32  governing the parties.  The court may not delay granting relief 
125.33  because of the existence of a pending action between the parties 
125.34  or the necessity of verifying the terms of an existing order.  A 
125.35  subsequent order in a separate action under this chapter may 
125.36  modify only the provision of an existing order that grants 
126.1   relief authorized under subdivision 6, paragraph (a), clause 
126.2   (1).  A petition for relief may be granted, regardless of 
126.3   whether there is a pending action between the parties.  
126.4      (e) The court shall provide simplified forms and clerical 
126.5   assistance to help with the writing and filing of a petition 
126.6   under this section.  
126.7      (f) The court shall advise a petitioner under paragraph (e) 
126.8   of the right to file a motion and affidavit and to sue in forma 
126.9   pauperis pursuant to section 563.01 and shall assist with the 
126.10  writing and filing of the motion and affidavit.  
126.11     (g) The court shall advise a petitioner under paragraph (e) 
126.12  of the right to serve the respondent by published notice under 
126.13  subdivision 5, paragraph (b), if the respondent is avoiding 
126.14  personal service by concealment or otherwise, and shall assist 
126.15  with the writing and filing of the affidavit. 
126.16     (h) The court shall advise the petitioner of the right to 
126.17  seek restitution under the petition for relief. 
126.18     (i) The court shall advise the petitioner of the right to 
126.19  request a hearing under subdivision 7, paragraph (c).  If the 
126.20  petitioner does not request a hearing, the court shall advise 
126.21  the petitioner that the respondent may request a hearing and 
126.22  that notice of the hearing date and time will be provided to the 
126.23  petitioner by mail at least five days before the hearing. 
126.24     (j) The court shall advise the petitioner of the right to 
126.25  request supervised visitation, as provided in section 518.175, 
126.26  subdivision 1a. 
126.27     Sec. 13.  Minnesota Statutes 1996, section 518B.01, 
126.28  subdivision 8, is amended to read: 
126.29     Subd. 8.  [SERVICE; ALTERNATE SERVICE; PUBLICATION; 
126.30  NOTICE.] (a) The petition and any order issued under this 
126.31  section shall be served on the respondent personally. 
126.32     (b) When service is made out of this state and in the 
126.33  United States, it may be proved by the affidavit of the person 
126.34  making the service.  When service is made outside the United 
126.35  States, it may be proved by the affidavit of the person making 
126.36  the service, taken before and certified by any United States 
127.1   minister, charge d'affaires, commissioner, consul, or commercial 
127.2   agent, or other consular or diplomatic officer of the United 
127.3   States appointed to reside in the other country, including all 
127.4   deputies or other representatives of the officer authorized to 
127.5   perform their duties; or before an office authorized to 
127.6   administer an oath with the certificate of an officer of a court 
127.7   of record of the country in which the affidavit is taken as to 
127.8   the identity and authority of the officer taking the affidavit.  
127.9      (c) If personal service cannot be made, the court may order 
127.10  service of the petition and any order issued under this section 
127.11  by alternate means, or by publication, which publication must be 
127.12  made as in other actions.  The application for alternate service 
127.13  must include the last known location of the respondent; the 
127.14  petitioner's most recent contacts with the respondent; the last 
127.15  known location of the respondent's employment; the names and 
127.16  locations of the respondent's parents, siblings, children, and 
127.17  other close relatives; the names and locations of other persons 
127.18  who are likely to know the respondent's whereabouts; and a 
127.19  description of efforts to locate those persons. 
127.20     The court shall consider the length of time the 
127.21  respondent's location has been unknown, the likelihood that the 
127.22  respondent's location will become known, the nature of the 
127.23  relief sought, and the nature of efforts made to locate the 
127.24  respondent.  The court shall order service by first class mail, 
127.25  forwarding address requested, to any addresses where there is a 
127.26  reasonable possibility that mail or information will be 
127.27  forwarded or communicated to the respondent.  
127.28     The court may also order publication, within or without the 
127.29  state, but only if it might reasonably succeed in notifying the 
127.30  respondent of the proceeding.  Service shall be deemed complete 
127.31  14 days after mailing or 14 days after court-ordered publication.
127.32     (d) A petition and any order issued under this section must 
127.33  include a notice to the respondent that if an order for 
127.34  protection is issued to protect the petitioner or a child of the 
127.35  parties, upon request of the petitioner in any visitation 
127.36  proceeding, the court shall consider the order for protection in 
128.1   making a decision regarding visitation.  
128.2      Sec. 14.  Minnesota Statutes 1996, section 518B.01, 
128.3   subdivision 14, is amended to read: 
128.4      Subd. 14.  [VIOLATION OF AN ORDER FOR PROTECTION.] (a) 
128.5   Whenever an order for protection is granted pursuant to this 
128.6   section or a similar law of another state, and the respondent or 
128.7   person to be restrained knows of the order, violation of the 
128.8   order for protection is a misdemeanor.  Upon conviction, the 
128.9   defendant must be sentenced to a minimum of three days 
128.10  imprisonment and must be ordered to participate in counseling or 
128.11  other appropriate programs selected by the court.  If the court 
128.12  stays imposition or execution of the jail sentence and the 
128.13  defendant refuses or fails to comply with the court's treatment 
128.14  order, the court must impose and execute the stayed jail 
128.15  sentence.  A person is guilty of a gross misdemeanor who 
128.16  violates this paragraph during the time period between a 
128.17  previous conviction under this paragraph; sections 609.221 to 
128.18  609.224; 609.2242; 609.713, subdivision 1 or 3; 609.748, 
128.19  subdivision 6; 609.749; or a similar law of another state and 
128.20  the end of the five years following discharge from sentence for 
128.21  that conviction.  Upon conviction, the defendant must be 
128.22  sentenced to a minimum of ten days imprisonment and must be 
128.23  ordered to participate in counseling or other appropriate 
128.24  programs selected by the court.  Notwithstanding section 
128.25  609.135, the court must impose and execute the minimum sentence 
128.26  provided in this paragraph for gross misdemeanor convictions. 
128.27     (b) A peace officer shall arrest without a warrant and take 
128.28  into custody a person whom the peace officer has probable cause 
128.29  to believe has violated an order granted pursuant to this 
128.30  section or a similar law of another state restraining the person 
128.31  or excluding the person from the residence or the petitioner's 
128.32  place of employment, even if the violation of the order did not 
128.33  take place in the presence of the peace officer, if the 
128.34  existence of the order can be verified by the officer.  The 
128.35  person shall be held in custody for at least 36 hours, excluding 
128.36  the day of arrest, Sundays, and holidays, unless the person is 
129.1   released earlier by a judge or judicial officer.  A peace 
129.2   officer acting in good faith and exercising due care in making 
129.3   an arrest pursuant to this paragraph is immune from civil 
129.4   liability that might result from the officer's actions. 
129.5      (c) A violation of an order for protection shall also 
129.6   constitute contempt of court and be subject to the penalties 
129.7   therefor.  
129.8      (d) If the court finds that the respondent has violated an 
129.9   order for protection and that there is reason to believe that 
129.10  the respondent will commit a further violation of the provisions 
129.11  of the order restraining the respondent from committing acts of 
129.12  domestic abuse or excluding the respondent from the petitioner's 
129.13  residence, the court may require the respondent to acknowledge 
129.14  an obligation to comply with the order on the record.  The court 
129.15  may require a bond sufficient to deter the respondent from 
129.16  committing further violations of the order for protection, 
129.17  considering the financial resources of the respondent, and not 
129.18  to exceed $10,000.  If the respondent refuses to comply with an 
129.19  order to acknowledge the obligation or post a bond under this 
129.20  paragraph, the court shall commit the respondent to the county 
129.21  jail during the term of the order for protection or until the 
129.22  respondent complies with the order under this paragraph.  The 
129.23  warrant must state the cause of commitment, with the sum and 
129.24  time for which any bond is required.  If an order is issued 
129.25  under this paragraph, the court may order the costs of the 
129.26  contempt action, or any part of them, to be paid by the 
129.27  respondent.  An order under this paragraph is appealable.  
129.28     (e) Upon the filing of an affidavit by the petitioner, any 
129.29  peace officer, or an interested party designated by the court, 
129.30  alleging that the respondent has violated any order for 
129.31  protection granted pursuant to this section or a similar law of 
129.32  another state, the court may issue an order to the respondent, 
129.33  requiring the respondent to appear and show cause within 14 days 
129.34  why the respondent should not be found in contempt of court and 
129.35  punished therefor.  The hearing may be held by the court in any 
129.36  county in which the petitioner or respondent temporarily or 
130.1   permanently resides at the time of the alleged violation, or in 
130.2   the county in which the alleged violation occurred, if the 
130.3   petitioner and respondent do not reside in this state.  The 
130.4   court also shall refer the violation of the order for protection 
130.5   to the appropriate prosecuting authority for possible 
130.6   prosecution under paragraph (a). 
130.7      (f) If it is alleged that the respondent has violated an 
130.8   order for protection issued under subdivision 6 or a similar law 
130.9   of another state and the court finds that the order has expired 
130.10  between the time of the alleged violation and the court's 
130.11  hearing on the violation, the court may grant a new order for 
130.12  protection under subdivision 6 based solely on the respondent's 
130.13  alleged violation of the prior order, to be effective until the 
130.14  hearing on the alleged violation of the prior order.  If the 
130.15  court finds that the respondent has violated the prior order, 
130.16  the relief granted in the new order for protection shall be 
130.17  extended for a fixed period, not to exceed one year, except when 
130.18  the court determines a longer fixed period is appropriate. 
130.19     (g) The admittance into petitioner's dwelling of an abusing 
130.20  party excluded from the dwelling under an order for protection 
130.21  is not a violation by the petitioner of the order for protection.
130.22     A peace officer is not liable under section 609.43, clause 
130.23  (1), for a failure to perform a duty required by paragraph (b). 
130.24     (h) When a person is convicted under paragraph (a) of 
130.25  violating an order for protection ~~under this section~~ and the 
130.26  court determines that the person used a firearm in any way 
130.27  during commission of the violation, the court may order that the 
130.28  person is prohibited from possessing any type of firearm for any 
130.29  period longer than three years or for the remainder of the 
130.30  person's life.  A person who violates this paragraph is guilty 
130.31  of a gross misdemeanor.  At the time of the conviction, the 
130.32  court shall inform the defendant whether and for how long the 
130.33  defendant is prohibited from possessing a firearm and that it is 
130.34  a gross misdemeanor to violate this paragraph.  The failure of 
130.35  the court to provide this information to a defendant does not 
130.36  affect the applicability of the firearm possession prohibition 
131.1   or the gross misdemeanor penalty to that defendant. 
131.2      (i) Except as otherwise provided in paragraph (h), when a 
131.3   person is convicted under paragraph (a) of violating an order 
131.4   for protection ~~under this section~~, the court shall inform the 
131.5   defendant that the defendant is prohibited from possessing a 
131.6   pistol for three years from the date of conviction and that it 
131.7   is a gross misdemeanor offense to violate this prohibition.  The 
131.8   failure of the court to provide this information to a defendant 
131.9   does not affect the applicability of the pistol possession 
131.10  prohibition or the gross misdemeanor penalty to that defendant. 
131.11     (j) Except as otherwise provided in paragraph (h), a person 
131.12  is not entitled to possess a pistol if the person has been 
131.13  convicted under paragraph (a) after August 1, 1996, of violating 
131.14  an order for protection ~~under this section~~, unless three years 
131.15  have elapsed from the date of conviction and, during that time, 
131.16  the person has not been convicted of any other violation of this 
131.17  section.  Property rights may not be abated but access may be 
131.18  restricted by the courts.  A person who possesses a pistol in 
131.19  violation of this paragraph is guilty of a gross misdemeanor. 
131.20     (k) If the court determines that a person convicted under 
131.21  paragraph (a) of violating an order for protection ~~under this~~ 
131.22  ~~section~~ owns or possesses a firearm and used it in any way 
131.23  during the commission of the violation, it shall order that the 
131.24  firearm be summarily forfeited under section 609.5316, 
131.25  subdivision 3. 
131.26     Sec. 15.  Minnesota Statutes 1996, section 518B.01, 
131.27  subdivision 17, is amended to read: 
131.28     Subd. 17.  [EFFECT ON CUSTODY PROCEEDINGS.] In a subsequent 
131.29  custody proceeding the court ~~may~~ must consider~~, but is not bound~~ 
131.30  ~~by,~~ a finding in a proceeding under this chapter or under a 
131.31  similar law of another state that domestic abuse has occurred 
131.32  between the parties. 
131.33     Sec. 16.  Minnesota Statutes 1996, section 609.10, is 
131.34  amended to read: 
131.35     609.10 [SENTENCES AVAILABLE.] 
131.36     Subdivision 1.  [SENTENCES AVAILABLE.] Upon conviction of a 
132.1   felony and compliance with the other provisions of this chapter 
132.2   the court, if it imposes sentence, may sentence the defendant to 
132.3   the extent authorized by law as follows: 
132.4      (1) to life imprisonment; or 
132.5      (2) to imprisonment for a fixed term of years set by the 
132.6   court; or 
132.7      (3) to both imprisonment for a fixed term of years and 
132.8   payment of a fine; or 
132.9      (4) to payment of a fine without imprisonment or to 
132.10  imprisonment for a fixed term of years if the fine is not paid; 
132.11  or 
132.12     (5) to payment of court-ordered restitution in addition to 
132.13  either imprisonment or payment of a fine, or both; or 
132.14     (6) to payment of a local correctional fee as authorized 
132.15  under section 609.102 in addition to any other sentence imposed 
132.16  by the court. 
132.17     Subd. 2.  [RESTITUTION.] (a) As used in this section, 
132.18  "restitution" includes: 
132.19     ~~(i)~~ (1) payment of compensation to the victim or the 
132.20  victim's family; and 
132.21     ~~(ii)~~ (2) if the victim is deceased or already has been 
132.22  fully compensated, payment of money to a victim assistance 
132.23  program or other program directed by the court. 
132.24     ~~In controlled substance crime cases, "restitution" also~~ 
132.25  ~~includes payment of compensation to a government entity that~~ 
132.26  ~~incurs loss as a direct result of the controlled substance crime.~~
132.27     Restitution includes payment of compensation to a 
132.28  government entity that incurs loss as a direct result of crime. 
132.29     (b) When the defendant does not pay the entire amount of 
132.30  court-ordered restitution and the fine at the same time, all 
132.31  restitution ordered by the court shall be paid before the fine 
132.32  is paid. 
132.33     Sec. 17.  Minnesota Statutes 1996, section 609.125, is 
132.34  amended to read: 
132.35     609.125 [SENTENCE FOR MISDEMEANOR OR GROSS MISDEMEANOR.] 
132.36     Subdivision 1.  [SENTENCES AVAILABLE.] Upon conviction of a 
133.1   misdemeanor or gross misdemeanor the court, if sentence is 
133.2   imposed, may, to the extent authorized by law, sentence the 
133.3   defendant: 
133.4      (1) to imprisonment for a definite term; or 
133.5      (2) to payment of a fine, or to imprisonment for a 
133.6   specified term if the fine is not paid; or 
133.7      (3) to both imprisonment for a definite term and payment of 
133.8   a fine; or 
133.9      (4) to payment of court-ordered restitution in addition to 
133.10  either imprisonment or payment of a fine, or both; or 
133.11     (5) to payment of a local correctional fee as authorized 
133.12  under section 609.102 in addition to any other sentence imposed 
133.13  by the court. 
133.14     Subd. 2.  [RESTITUTION.] (a) As used in this section, 
133.15  "restitution" includes: 
133.16     ~~(i)~~ (1) payment of compensation to the victim or the 
133.17  victim's family; and 
133.18     ~~(ii)~~ (2) if the victim is deceased or already has been 
133.19  fully compensated, payment of money to a victim assistance 
133.20  program or other program directed by the court. 
133.21     ~~In controlled substance crime cases, "restitution" also~~ 
133.22  ~~includes payment of compensation to a government entity that~~ 
133.23  ~~incurs loss as a direct result of the controlled substance crime.~~
133.24     Restitution includes payment of compensation to a 
133.25  government entity that incurs loss as a direct result of crime. 
133.26     (b) When the defendant does not pay the entire amount of 
133.27  court-ordered restitution and the fine at the same time, all 
133.28  restitution ordered by the court shall be paid before the fine 
133.29  is paid. 
133.30     Sec. 18.  Minnesota Statutes 1996, section 609.2244, is 
133.31  amended to read: 
133.32     609.2244 [PRESENTENCE DOMESTIC ABUSE ~~ASSESSMENTS~~ 
133.33  INVESTIGATIONS.] 
133.34     Subdivision 1.  [~~DOMESTIC ABUSE ASSESSMENT~~ INVESTIGATION.] 
133.35  A presentence domestic abuse ~~assessment~~ investigation must be 
133.36  conducted and ~~an assessment~~ a report submitted to the court by 
134.1   the ~~county~~ corrections agency responsible for ~~administering the~~ 
134.2   ~~assessment~~ conducting the investigation when: 
134.3      (1) a defendant is convicted of an offense described in 
134.4   section 518B.01, subdivision 2; or 
134.5      (2) a defendant is arrested for committing an offense 
134.6   described in section 518B.01, subdivision 2, but is convicted of 
134.7   another offense arising out of the same circumstances 
134.8   surrounding the arrest. 
134.9      Subd. 2.  [REPORT.] (a) The ~~assessment report must contain~~ 
134.10  ~~an evaluation of the convicted defendant~~ department of 
134.11  corrections shall establish minimum standards for the report, 
134.12  including the circumstances of the offense, impact on the 
134.13  victim, the defendant's prior record, characteristics and 
134.14  history of alcohol and chemical use problems, and amenability to 
134.15  domestic abuse ~~counseling~~ programs.  The report is classified as 
134.16  private data on individuals as defined in section 13.02, 
134.17  subdivision 12.  Victim impact statements are confidential. 
134.18     (b) The ~~assessment~~ report must include: 
134.19     (1) a recommendation on any limitations on contact with the 
134.20  victim and other measures to ensure the victim's safety; 
134.21     (2) a recommendation for the defendant to enter and 
134.22  successfully complete domestic abuse ~~counseling~~ programming and 
134.23  any aftercare found necessary by the ~~assessment~~ investigation; 
134.24     (3) a recommendation for chemical dependency evaluation and 
134.25  treatment as determined by the evaluation whenever alcohol or 
134.26  drugs were found to be a contributing factor to the offense; 
134.27     (4) recommendations for other appropriate remedial action 
134.28  or care~~, which may consist of educational programs, one-on-one~~ 
134.29  ~~counseling, a program or type of treatment that addresses mental~~ 
134.30  ~~health concerns,~~ or a specific explanation why no level of care 
134.31  or action is recommended; and 
134.32     (5) consequences for failure to abide by conditions set up 
134.33  by the court. 
134.34     Subd. 3.  [~~ASSESSOR~~ CORRECTIONS AGENTS STANDARDS; RULES; 
134.35  ~~ASSESSMENT~~ INVESTIGATION TIME LIMITS.] A domestic 
134.36  abuse ~~assessment~~ investigation required by this section must be 
135.1   conducted by ~~an assessor approved by the court,~~ the local 
135.2   corrections department~~,~~ or the commissioner of corrections.  The 
135.3   ~~assessor~~ corrections agent shall have access to any police 
135.4   reports or other law enforcement data relating to the current 
135.5   offense or previous offenses that are necessary to complete the 
135.6   evaluation.  ~~An assessor providing~~ A corrections agent 
135.7   conducting an ~~assessment~~ investigation under this section may 
135.8   not have any direct or shared financial interest or referral 
135.9   relationship resulting in shared financial gain with a treatment 
135.10  provider.  An appointment for the defendant to undergo 
135.11  the ~~assessment shall~~ investigation must be made by the court, a 
135.12  court services probation officer, or court administrator as soon 
135.13  as possible ~~but in no case more than one week after the~~ 
135.14  ~~defendant's court appearance.  The assessment must be completed~~ 
135.15  ~~no later than three weeks after the defendant's court date~~. 
135.16     Subd. 4.  [DOMESTIC ABUSE ~~ASSESSMENT~~ INVESTIGATION FEE.] 
135.17  When the court sentences a person convicted of an offense 
135.18  described in section 518B.01, subdivision 2, the court shall 
135.19  impose a domestic abuse ~~assessment~~ investigation fee of at least 
135.20  $50 but not more than $125.  This fee must be imposed whether 
135.21  the sentence is executed, stayed, or suspended.  The court may 
135.22  not waive payment or authorize payment of the fee in 
135.23  installments unless it makes written findings on the record that 
135.24  the convicted person is indigent or that the fee would create 
135.25  undue hardship for the convicted person or that person's 
135.26  immediate family.  The person convicted of the offense and 
135.27  ordered to pay the fee shall pay the fee to the county 
135.28  corrections department or other designated agencies conducting 
135.29  the ~~assessment~~ investigation. 
135.30     Sec. 19.  Minnesota Statutes 1996, section 611A.01, is 
135.31  amended to read: 
135.32     611A.01 [DEFINITIONS.] 
135.33     For the purposes of sections 611A.01 to 611A.06: 
135.34     (a) "Crime" means conduct that is prohibited by local 
135.35  ordinance and results in bodily harm to an individual; or 
135.36  conduct that is included within the definition of "crime" in 
136.1   section 609.02, subdivision 1, or would be included within that 
136.2   definition but for the fact that (i) the person engaging in the 
136.3   conduct lacked capacity to commit the crime under the laws of 
136.4   this state, or (ii) the act was alleged or found to have been 
136.5   committed by a juvenile; 
136.6      (b) "Victim" means a natural person who incurs loss or harm 
136.7   as a result of a crime, including a good faith effort to prevent 
136.8   a crime, and for purposes of sections 611A.04 and 611A.045, also 
136.9   includes (i) a corporation that incurs loss or harm as a result 
136.10  of a crime, ~~and~~ (ii) a government entity that incurs loss or 
136.11  harm as a result of a crime, and (iii) any other entity 
136.12  authorized to receive restitution under section 609.10 or 
136.13  609.125.  If the victim is a natural person and is deceased, 
136.14  "victim" means the deceased's surviving spouse or next of kin; 
136.15  and 
136.16     (c) "Juvenile" has the same meaning as given to the term 
136.17  "child" in section 260.015, subdivision 2.  
136.18     Sec. 20.  Minnesota Statutes 1996, section 611A.035, is 
136.19  amended to read: 
136.20     611A.035 [CONFIDENTIALITY OF VICTIM'S ADDRESS.] 
136.21     Subdivision 1.  [DISCRETION OF PROSECUTOR NOT TO DISCLOSE.] 
136.22  A prosecutor may elect not to disclose a victim's or witness's 
136.23  home or employment address or telephone number if the prosecutor 
136.24  certifies to the trial court that: 
136.25     (1) the defendant or respondent has been charged with or 
136.26  alleged to have committed a crime; 
136.27     (2) the nondisclosure is needed to address the victim's or 
136.28  witness's concerns about safety or security; 
136.29     (3) the victim's or witness's home or employment address or 
136.30  telephone number is not relevant to the prosecution's case; and 
136.31     (4) the prosecutor or the prosecutor's agent is willing to 
136.32  establish telephone contact between defense counsel or defense 
136.33  counsel's agent and the victim or witness. 
136.34     This subdivision shall not be construed to compel a victim 
136.35  or witness to give any statement to defense counsel or defense 
136.36  counsel's agent. 
137.1      Subd. 2.  [WITNESS TESTIMONY IN COURT.] No victim or 
137.2   witness providing testimony in court proceedings may be 
137.3   compelled to state a home or employment address on the record in 
137.4   open court unless the court finds that the testimony would be 
137.5   relevant evidence. 
137.6      Sec. 21.  Minnesota Statutes 1996, section 611A.038, is 
137.7   amended to read: 
137.8      611A.038 [RIGHT TO SUBMIT STATEMENT AT SENTENCING.] 
137.9      (a) A victim has the right to submit an impact statement to 
137.10  the court at the time of sentencing or disposition hearing.  The 
137.11  impact statement may be presented to the court orally or in 
137.12  writing, at the victim's option.  If the victim requests, the 
137.13  prosecutor must orally present the statement to the court. 
137.14     Statements may include the following, subject to reasonable 
137.15  limitations as to time and length: 
137.16     (1) a summary of the harm or trauma suffered by the victim 
137.17  as a result of the crime; 
137.18     (2) a summary of the economic loss or damage suffered by 
137.19  the victim as a result of the crime; and 
137.20     (3) a victim's reaction to the proposed sentence or 
137.21  disposition. 
137.22     (b) A representative of the community affected by the crime 
137.23  may submit an impact statement in the same manner that a victim 
137.24  may as provided in paragraph (a).  This impact statement shall 
137.25  describe the adverse social or economic effects the offense has 
137.26  had on persons residing and businesses operating in the 
137.27  community where the offense occurred. 
137.28     (c) If the court permits the defendant or anyone speaking 
137.29  on the defendant's behalf to present a statement to the court, 
137.30  the court shall limit the statement to issues relevant to 
137.31  sentencing.  
137.32     Nothing in this section shall be construed to extend the 
137.33  defendant's right to address the court under section 631.20. 
137.34     Sec. 22.  Minnesota Statutes 1996, section 611A.039, 
137.35  subdivision 1, is amended to read: 
137.36     Subdivision 1.  [NOTICE REQUIRED.] Except as otherwise 
138.1   provided in subdivision 2, within 15 working days after a 
138.2   conviction, acquittal, or dismissal in a criminal case in which 
138.3   there is an identifiable crime victim, the prosecutor shall make 
138.4   reasonable good faith efforts to provide to each affected crime 
138.5   victim oral or written notice of the final disposition of the 
138.6   case.  When the court is considering modifying the sentence for 
138.7   a felony or a crime of violence or an attempted crime of 
138.8   violence, the court shall make a reasonable and good faith 
138.9   effort to notify the victim of the crime.  If the victim is 
138.10  incapacitated or deceased, notice must be given to the victim's 
138.11  family.  If the victim is a minor, notice must be given to the 
138.12  victim's parent or guardian.  The notice must include: 
138.13     (1) the date and approximate time of the review; 
138.14     (2) the location where the review will occur; 
138.15     (3) the name and telephone number of a person to contact 
138.16  for additional information; and 
138.17     (4) a statement that the victim and victim's family may 
138.18  provide input to the court concerning the sentence modification. 
138.19     As used in this section, "crime of violence" has the 
138.20  meaning given in section 624.712, subdivision 5, and also 
138.21  includes gross misdemeanor violations of section 609.224, and 
138.22  nonfelony violations of sections 518B.01, 609.2231, 609.3451, 
138.23  609.748, and 609.749. 
138.24     Sec. 23.  [611A.0395] [RIGHT TO INFORMATION REGARDING 
138.25  DEFENDANT'S APPEAL.] 
138.26     Subdivision 1.  [PROSECUTING ATTORNEY TO NOTIFY 
138.27  VICTIMS.] (a) The prosecuting attorney shall make a reasonable 
138.28  and good faith effort to provide to each affected victim oral or 
138.29  written notice of a pending appeal.  This notice must be 
138.30  provided within 30 days of filing of the respondent's brief.  
138.31  The notice must contain a brief explanation of the contested 
138.32  issues or a copy of the brief, an explanation of the applicable 
138.33  process, information about scheduled oral arguments or hearings, 
138.34  a statement that the victim and the victim's family may attend 
138.35  the argument or hearing, and the name and telephone number of a 
138.36  person that may be contacted for additional information. 
139.1      (b) In a criminal case in which there is an identifiable 
139.2   crime victim, within 15 working days of a final decision on an 
139.3   appeal, the prosecuting attorney shall make a reasonable and 
139.4   good faith effort to provide to each affected victim oral or 
139.5   written notice of the decision.  This notice must include a 
139.6   brief explanation of what effect, if any, the decision has upon 
139.7   the judgment of the trial court and the name and telephone 
139.8   number of a person that may be contacted for additional 
139.9   information. 
139.10     Subd. 2.  [EXCEPTION.] The notices described in subdivision 
139.11  1 do not have to be given to victims who have previously 
139.12  indicated a desire not to be notified. 
139.13     Sec. 24.  Minnesota Statutes 1996, section 611A.04, is 
139.14  amended by adding a subdivision to read: 
139.15     Subd. 4.  [PAYMENT OF RESTITUTION.] When the court orders 
139.16  both the payment of restitution and the payment of a fine and 
139.17  the defendant does not pay the entire amount of court-ordered 
139.18  restitution and the fine at the same time, all restitution 
139.19  ordered by the court shall be paid before the fine is paid. 
139.20     Sec. 25.  Minnesota Statutes 1996, section 611A.361, is 
139.21  amended by adding a subdivision to read: 
139.22     Subd. 5.  [EXPIRATION.] The council expires on June 30, 
139.23  1999. 
139.24     Sec. 26.  Minnesota Statutes 1996, section 611A.52, 
139.25  subdivision 6, is amended to read: 
139.26     Subd. 6.  [CRIME.] (a) "Crime" means conduct that:  
139.27     (1) occurs or is attempted anywhere within the geographical 
139.28  boundaries of this state, including Indian reservations and 
139.29  other trust lands; 
139.30     (2) poses a substantial threat of personal injury or death; 
139.31  and 
139.32     (3) is included within the definition of "crime" in section 
139.33  609.02, subdivision 1, or would be included within that 
139.34  definition but for the fact that (i) the person engaging in the 
139.35  conduct lacked capacity to commit the crime under the laws of 
139.36  this state; or (ii) the act was alleged or found to have been 
140.1   committed by a juvenile.  
140.2      (b) A crime occurs whether or not any person is prosecuted 
140.3   or convicted but the conviction of a person whose acts give rise 
140.4   to the claim is conclusive evidence that a crime was committed 
140.5   unless an application for rehearing, appeal, or petition for 
140.6   certiorari is pending or a new trial or rehearing has been 
140.7   ordered.  
140.8      (c) "Crime" does not include an act involving the operation 
140.9   of a motor vehicle, aircraft, or watercraft that results in 
140.10  injury or death, except that a crime includes any of the 
140.11  following: 
140.12     (1) injury or death intentionally inflicted through the use 
140.13  of a motor vehicle, aircraft, or watercraft; 
140.14     (2) injury or death caused by a driver in violation of 
140.15  section 169.09, subdivision 1; 169.121; or 609.21; and 
140.16     (3) injury or death caused by a driver of a motor vehicle 
140.17  in the immediate act of fleeing the scene of a crime in which 
140.18  the driver knowingly and willingly participated. 
140.19     (d) Notwithstanding paragraph (a), "crime" includes an act 
140.20  of international terrorism as defined in United States Code, 
140.21  title 18, section 2331, committed outside of the United States 
140.22  against a resident of this state. 
140.23     Sec. 27.  Minnesota Statutes 1996, section 611A.52, 
140.24  subdivision 8, is amended to read: 
140.25     Subd. 8.  [ECONOMIC LOSS.] "Economic loss" means actual 
140.26  economic detriment incurred as a direct result of injury or 
140.27  death.  
140.28     (a) In the case of injury the term is limited to:  
140.29     (1) reasonable expenses incurred for necessary medical, 
140.30  chiropractic, hospital, rehabilitative, and dental products, 
140.31  services, or accommodations, including ambulance services, 
140.32  drugs, appliances, and prosthetic devices; 
140.33     (2) reasonable expenses associated with recreational 
140.34  therapy where a claimant has suffered amputation of a limb; 
140.35     (3) reasonable expenses incurred for psychological or 
140.36  psychiatric products, services, or accommodations, not to exceed 
141.1   an amount to be set by the board, where the nature of the injury 
141.2   or the circumstances of the crime are such that the treatment is 
141.3   necessary to the rehabilitation of the victim; 
141.4      (4) loss of income that the victim would have earned had 
141.5   the victim not been injured; 
141.6      (5) reasonable expenses incurred for substitute child care 
141.7   or household services to replace those the victim or claimant 
141.8   would have performed had the victim or the claimant's child not 
141.9   been injured.  As used in this clause, "child care services" 
141.10  means services provided by facilities licensed under and in 
141.11  compliance with either Minnesota Rules, parts 9502.0315 to 
141.12  9502.0445, or 9545.0510 to 9545.0670, or exempted from licensing 
141.13  requirements pursuant to section 245A.03.  Licensed facilities 
141.14  must be paid at a rate not to exceed their standard rate of 
141.15  payment.  Facilities exempted from licensing requirements must 
141.16  be paid at a rate not to exceed $3 an hour per child for daytime 
141.17  child care or $4 an hour per child for evening child care; and 
141.18     (6) reasonable expenses actually incurred to return a child 
141.19  who was a victim of a crime under section 609.25 or 609.26 to 
141.20  the child's parents or lawful custodian.  These expenses are 
141.21  limited to transportation costs, meals, and lodging from the 
141.22  time the child was located until the child was returned home.  
141.23     (b) In the case of death the term is limited to:  
141.24     (1) reasonable expenses actually incurred for funeral, 
141.25  burial, or cremation, not to exceed an amount to be determined 
141.26  by the board on the first day of each fiscal year; 
141.27     (2) reasonable expenses for medical, chiropractic, 
141.28  hospital, rehabilitative, psychological and psychiatric 
141.29  services, products or accommodations which were incurred prior 
141.30  to the victim's death and for which the victim's survivors or 
141.31  estate are liable; 
141.32     (3) loss of support, including contributions of money, 
141.33  products or goods, but excluding services which the victim would 
141.34  have supplied to dependents if the victim had lived; and 
141.35     (4) reasonable expenses incurred for substitute child care 
141.36  and household services to replace those which the victim or 
142.1   claimant would have performed for the benefit of dependents if 
142.2   the victim or the claimant's child had lived.  
142.3      Claims for loss of support for minor children made under 
142.4   clause (3) must be paid for three years or until the child 
142.5   reaches 18 years old, whichever is the shorter period.  After 
142.6   three years, if the child is younger than 18 years old a claim 
142.7   for loss of support may be resubmitted to the board, and the 
142.8   board staff shall evaluate the claim giving consideration to the 
142.9   child's financial need and to the availability of funds to the 
142.10  board.  Claims for loss of support for a spouse made under 
142.11  clause (3) shall also be reviewed at least once every three 
142.12  years.  The board staff shall evaluate the claim giving 
142.13  consideration to the spouse's financial need and to the 
142.14  availability of funds to the board.  
142.15     Claims for substitute child care services made under clause 
142.16  (4) must be limited to the actual care that the deceased victim 
142.17  would have provided to enable surviving family members to pursue 
142.18  economic, educational, and other activities other than 
142.19  recreational activities. 
142.20     Sec. 28.  Minnesota Statutes 1996, section 611A.53, 
142.21  subdivision 1b, is amended to read: 
142.22     Subd. 1b.  [MINNESOTA RESIDENTS INJURED ELSEWHERE.] (a) A 
142.23  Minnesota resident who is the victim of a crime committed 
142.24  outside the geographical boundaries of this state but who 
142.25  otherwise meets the requirements of this section shall have the 
142.26  same rights under this chapter as if the crime had occurred 
142.27  within this state upon a showing that the state, territory, or 
142.28  United States possession in which the crime occurred does not 
142.29  have a crime victim reparations law covering the resident's 
142.30  injury or death.  
142.31     (b) Notwithstanding paragraph (a), a Minnesota resident who 
142.32  is the victim of a crime involving international terrorism who 
142.33  otherwise meets the requirements of this section, has the same 
142.34  rights under this chapter as if the crime had occurred within 
142.35  this state regardless of where the crime occurred or whether the 
142.36  jurisdiction has a crime victims reparations law. 
143.1      Sec. 29.  Minnesota Statutes 1996, section 611A.675, is 
143.2   amended to read: 
143.3      611A.675 [FUND FOR EMERGENCY NEEDS OF CRIME VICTIMS.] 
143.4      Subdivision 1.  [GRANTS AUTHORIZED.] The crime ~~victims~~ 
143.5   ~~reparations board~~ victim and witness advisory council shall make 
143.6   grants to ~~local law enforcement agencies~~ prosecutors and victim 
143.7   assistance programs for the purpose of providing emergency 
143.8   assistance to victims.  As used in this section, "emergency 
143.9   assistance" includes but is not limited to: 
143.10     (1) replacement of necessary property that was lost, 
143.11  damaged, or stolen as a result of the crime; 
143.12     (2) purchase and installation of necessary home security 
143.13  devices; ~~and~~ 
143.14     (3) transportation to locations related to the victim's 
143.15  needs as a victim, such as medical facilities and facilities of 
143.16  the criminal justice system; 
143.17     (4) cleanup of the crime scene; and 
143.18     (5) reimbursement for reasonable travel and living expenses 
143.19  the victim incurred to attend court proceedings that were held 
143.20  at a location other than the place where the crime occurred due 
143.21  to a change of venue. 
143.22     Subd. 2.  [APPLICATION FOR GRANTS.] A city or county 
143.23  ~~sheriff or the chief administrative officer of a municipal~~ 
143.24  ~~police department~~ attorney's office or victim assistance program 
143.25  may apply to the ~~board~~ council for a grant for any of the 
143.26  purposes described in subdivision 1 or for any other emergency 
143.27  assistance purpose approved by the ~~board~~ council.  The 
143.28  application must be on forms and pursuant to procedures 
143.29  developed by the ~~board~~ council.  The application must describe 
143.30  the type or types of intended emergency assistance, estimate the 
143.31  amount of money required, and include any other information 
143.32  deemed necessary by the ~~board~~ council. 
143.33     Subd. 3.  [REPORTING BY LOCAL AGENCIES REQUIRED.] A city or 
143.34  county ~~sheriff or chief administrative officer of a municipal~~ 
143.35  ~~police department who~~ attorney's office or victim assistance 
143.36  program that receives a grant under this section shall ~~report~~ 
144.1   ~~all expenditures to the board on a quarterly basis.  The sheriff~~ 
144.2   ~~or chief administrative officer shall also~~ file an annual report 
144.3   with the ~~board~~ council itemizing the expenditures made during 
144.4   the preceding year, the purpose of those expenditures, and the 
144.5   ultimate disposition, if any, of each assisted victim's criminal 
144.6   case. 
144.7      Subd. 4.  [REPORT TO LEGISLATURE.] On or before February 1, 
144.8   ~~1997~~ 1999, the ~~board~~ council shall report to the chairs of the 
144.9   senate crime prevention and house of representatives judiciary 
144.10  committees on the implementation, use, and administration of the 
144.11  grant program created under this section. 
144.12     Sec. 30.  Minnesota Statutes 1996, section 611A.71, 
144.13  subdivision 5, is amended to read: 
144.14     Subd. 5.  [DUTIES.] The council shall:  
144.15     (1) review on a regular basis the treatment of victims by 
144.16  the criminal justice system and the need and availability of 
144.17  services to victims; 
144.18     (2) advise the agency designated by the governor to apply 
144.19  for victim assistance program grants under chapter 14 of Public 
144.20  Law Number 98-473, in the coordination and allocation of federal 
144.21  funds for crime victims assistance programs; 
144.22     (3) advocate necessary changes and monitor victim-related 
144.23  legislation; 
144.24     (4) provide information, training, and technical assistance 
144.25  to state and local agencies and groups involved in victim and 
144.26  witness assistance; 
144.27     (5) serve as a clearinghouse for information concerning 
144.28  victim and witness programs; 
144.29     (6) develop guidelines for the implementation of victim and 
144.30  witness assistance programs and aid in the creation and 
144.31  development of programs; 
144.32     (7) coordinate the development and implementation of 
144.33  policies and guidelines for the treatment of victims and 
144.34  witnesses, and the delivery of services to them; ~~and~~ 
144.35     (8) develop ongoing public awareness efforts and programs 
144.36  to assist victims; and 
145.1      (9) administer the grant program described in section 
145.2   611A.675. 
145.3      Sec. 31.  Minnesota Statutes 1996, section 611A.71, 
145.4   subdivision 7, is amended to read: 
145.5      Subd. 7.  [EXPIRATION.] The council expires on June 30, 
145.6   ~~1997~~ 1999. 
145.7      Sec. 32.  Minnesota Statutes 1996, section 611A.74, 
145.8   subdivision 1, is amended to read: 
145.9      Subdivision 1.  [CREATION.] The office of crime victim 
145.10  ombudsman for Minnesota is created.  The ombudsman shall be 
145.11  appointed by the ~~commissioner of public safety with the advice~~ 
145.12  ~~of the advisory council, and~~ governor, shall serve in the 
145.13  unclassified service ~~at the pleasure of the commissioner~~, and 
145.14  shall be selected without regard to political affiliation.  No 
145.15  person may serve as ombudsman while holding any other public 
145.16  office.  The ombudsman is directly accountable to 
145.17  the ~~commissioner of public safety and~~ governor and shall be 
145.18  removed only for just cause.  The ombudsman shall have the 
145.19  authority to investigate decisions, acts, and other matters of 
145.20  the criminal justice system so as to promote the highest 
145.21  attainable standards of competence, efficiency, and justice for 
145.22  crime victims in the criminal justice system. 
145.23     Sec. 33.  Minnesota Statutes 1996, section 611A.74, is 
145.24  amended by adding a subdivision to read: 
145.25     Subd. 1a.  [ORGANIZATION OF OFFICE.] (a) The ombudsman may 
145.26  appoint employees necessary to discharge responsibilities of the 
145.27  office.  The ombudsman may delegate to staff members any of the 
145.28  ombudsman's authority or duties except the duties of formally 
145.29  making recommendations to appropriate authorities and reports to 
145.30  the office of the governor or to the legislature. 
145.31     (b) The commissioner of public safety shall provide office 
145.32  space and administrative support services to the ombudsman and 
145.33  the ombudsman's staff. 
145.34     Sec. 34.  Minnesota Statutes 1996, section 611A.74, 
145.35  subdivision 3, is amended to read: 
145.36     Subd. 3.  [POWERS.] The crime victim ombudsman has those 
146.1   powers necessary to carry out the duties set out in 
146.2   subdivision ~~1~~ 2, including:  
146.3      (a) The ombudsman may investigate, with or without a 
146.4   complaint, any action of an element of the criminal justice 
146.5   system or a victim assistance program included in subdivision 2. 
146.6      (b) The ombudsman may request and shall be given access to 
146.7   information and assistance the ombudsman considers necessary for 
146.8   the discharge of responsibilities.  The ombudsman may inspect, 
146.9   examine, and be provided copies of records and documents of all 
146.10  elements of the criminal justice system and victim assistance 
146.11  programs.  The ombudsman may request and shall be given access 
146.12  to police reports pertaining to juveniles and juvenile 
146.13  delinquency petitions, notwithstanding section 260.161.  Any 
146.14  information received by the ombudsman retains its data 
146.15  classification under chapter 13 while in the ombudsman's 
146.16  possession.  Juvenile records obtained under this subdivision 
146.17  may not be released to any person. 
146.18     (c) The ombudsman may prescribe the methods by which 
146.19  complaints are to be made, received, and acted upon; may 
146.20  determine the scope and manner of investigations to be made; and 
146.21  subject to the requirements of sections 611A.72 to 611A.74, may 
146.22  determine the form, frequency, and distribution of ombudsman 
146.23  conclusions, recommendations, and proposals.  
146.24     (d) After completing investigation of a complaint, the 
146.25  ombudsman shall inform in writing the complainant, the 
146.26  investigated person or entity, and other appropriate authorities 
146.27  of the action taken.  If the complaint involved the conduct of 
146.28  an element of the criminal justice system in relation to a 
146.29  criminal or civil proceeding, the ombudsman's findings shall be 
146.30  forwarded to the court in which the proceeding occurred.  
146.31     (e) Before announcing a conclusion or recommendation that 
146.32  expressly or impliedly criticizes an administrative agency or 
146.33  any person, the ombudsman shall consult with that agency or 
146.34  person. 
146.35     Sec. 35.  Minnesota Statutes 1996, section 629.725, is 
146.36  amended to read: 
147.1      629.725 [NOTICE TO CRIME VICTIM REGARDING BAIL HEARING OF 
147.2   ARRESTED OR DETAINED PERSON.] 
147.3      When a person arrested or a juvenile detained for a crime 
147.4   of violence or an attempted crime of violence is scheduled to be 
147.5   reviewed under section 629.715 for release from pretrial 
147.6   detention, the court shall make a reasonable and good faith 
147.7   effort to notify the victim of the alleged crime.  If the victim 
147.8   is incapacitated or deceased, notice must be given to the 
147.9   victim's family.  If the victim is a minor, notice must be given 
147.10  to the victim's parent or guardian.  The notification must 
147.11  include: 
147.12     (1) the date and approximate time of the review; 
147.13     (2) the location where the review will occur; 
147.14     (3) the name and telephone number of a person that can be 
147.15  contacted for additional information; and 
147.16     (4) a statement that the victim and the victim's family may 
147.17  attend the review. 
147.18     As used in this section, "crime of violence" has the 
147.19  meaning given it in section 624.712, subdivision 5, and also 
147.20  includes section 609.21, gross misdemeanor violations of section 
147.21  609.224, and nonfelony violations of sections 518B.01, 609.2231, 
147.22  609.3451, 609.748, and 609.749. 
147.23     Sec. 36.  [EFFECTIVE DATE.] 
147.24     Sections 1 to 12, 15, 18, 20, 22, and 26 to 28 are 
147.25  effective August 1, 1997.  Sections 14, 16, 17, 19, 24, and 35 
147.26  are effective August 1, 1997, and apply to offenses committed on 
147.27  or after that date.  Sections 13, 21, and 23 are effective 
147.28  August 1, 1997, and apply to proceedings conducted on or after 
147.29  that date.  Sections 25, and 29 to 34 are effective July 1, 1997.
147.30                             ARTICLE 8
147.31                           PUBLIC SAFETY
147.32     Section 1.  Minnesota Statutes 1996, section 171.29, 
147.33  subdivision 2, is amended to read: 
147.34     Subd. 2.  [FEES, ALLOCATION.] (a) A person whose driver's 
147.35  license has been revoked as provided in subdivision 1, except 
147.36  under section 169.121 or 169.123, shall pay a $30 fee before the 
148.1   driver's license is reinstated. 
148.2      (b) A person whose driver's license has been revoked as 
148.3   provided in subdivision 1 under section 169.121 or 169.123 shall 
148.4   pay a $250 fee plus a $10 surcharge before the driver's license 
148.5   is reinstated.  The $250 fee is to be credited as follows: 
148.6      (1) Twenty percent shall be credited to the trunk highway 
148.7   fund. 
148.8      (2) Fifty-five percent shall be credited to the general 
148.9   fund. 
148.10     (3) Eight percent shall be credited to a separate account 
148.11  to be known as the bureau of criminal apprehension account.  
148.12  Money in this account may be appropriated to the commissioner of 
148.13  public safety and the appropriated amount shall be apportioned 
148.14  80 percent for laboratory costs and 20 percent for carrying out 
148.15  the provisions of section 299C.065. 
148.16     (4) Twelve percent shall be credited to a separate account 
148.17  to be known as the alcohol-impaired driver education account.  
148.18  Money in the account may be appropriated to the commissioner of 
148.19  children, families, and learning for programs in elementary and 
148.20  secondary schools. 
148.21     (5) Five percent shall be credited to a separate account to 
148.22  be known as the traumatic brain injury and spinal cord injury 
148.23  account.  $100,000 is annually appropriated from the account to 
148.24  the commissioner of human services for traumatic brain injury 
148.25  case management services.  The remaining money in the account is 
148.26  annually appropriated to the commissioner of health to establish 
148.27  and maintain the traumatic brain injury and spinal cord injury 
148.28  registry created in section 144.662 and to reimburse the 
148.29  commissioner of economic security for the reasonable cost of 
148.30  services provided under section 268A.03, clause (o). 
148.31     (c) The $10 surcharge shall be credited to a separate 
148.32  account to be known as the remote electronic alcohol monitoring 
148.33  pilot program account.  ~~Up to $250,000 is annually appropriated~~ 
148.34  ~~from this account to the commissioner of corrections for a~~ 
148.35  ~~remote electronic alcohol monitoring pilot program.  The~~ 
148.36  ~~unencumbered balance remaining in the first year of the biennium~~ 
149.1   ~~does not cancel but is available for the second year.~~  The 
149.2   commissioner shall transfer the balance of this account to the 
149.3   commissioner of finance on a monthly basis for deposit in the 
149.4   general fund. 
149.5      Sec. 2.  Minnesota Statutes 1996, section 260.161, 
149.6   subdivision 3, is amended to read: 
149.7      Subd. 3.  [PEACE OFFICER RECORDS OF CHILDREN.] (a) Except 
149.8   for records relating to an offense where proceedings are public 
149.9   under section 260.155, subdivision 1, peace officers' records of 
149.10  children who are or may be delinquent or who may be engaged in 
149.11  criminal acts shall be kept separate from records of persons 18 
149.12  years of age or older and are private data but shall be 
149.13  disseminated:  (1) by order of the juvenile court, (2) as 
149.14  required by section 126.036, (3) as authorized under section 
149.15  13.82, subdivision 2, (4) to the child or the child's parent or 
149.16  guardian unless disclosure of a record would interfere with an 
149.17  ongoing investigation, or (5) as otherwise provided in this 
149.18  subdivision.  Except as provided in paragraph (c), no 
149.19  photographs of a child taken into custody may be taken without 
149.20  the consent of the juvenile court unless the child is alleged to 
149.21  have violated section 169.121 or 169.129.  Peace officers' 
149.22  records containing data about children who are victims of crimes 
149.23  or witnesses to crimes must be administered consistent with 
149.24  section 13.82, subdivisions 2, 3, 4, and 10.  Any person 
149.25  violating any of the provisions of this subdivision shall be 
149.26  guilty of a misdemeanor. 
149.27     In the case of computerized records maintained about 
149.28  juveniles by peace officers, the requirement of this subdivision 
149.29  that records about juveniles must be kept separate from adult 
149.30  records does not mean that a law enforcement agency must keep 
149.31  its records concerning juveniles on a separate computer system.  
149.32  Law enforcement agencies may keep juvenile records on the same 
149.33  computer as adult records and may use a common index to access 
149.34  both juvenile and adult records so long as the agency has in 
149.35  place procedures that keep juvenile records in a separate place 
149.36  in computer storage and that comply with the special data 
150.1   retention and other requirements associated with protecting data 
150.2   on juveniles. 
150.3      (b) Nothing in this subdivision prohibits the exchange of 
150.4   information by law enforcement agencies if the exchanged 
150.5   information is pertinent and necessary to the requesting agency 
150.6   in initiating, furthering, or completing a criminal 
150.7   investigation or for other law enforcement purposes. 
150.8      (c) A photograph may be taken of a child taken into custody 
150.9   pursuant to section 260.165, subdivision 1, clause (b), provided 
150.10  that the photograph must be destroyed when the child reaches the 
150.11  age of 19 years.  The commissioner of corrections may photograph 
150.12  juveniles whose legal custody is transferred to the 
150.13  commissioner.  Photographs of juveniles authorized by this 
150.14  paragraph may be used only for institution management purposes, 
150.15  case supervision by parole agents, and to assist law enforcement 
150.16  agencies to apprehend juvenile offenders.  The commissioner 
150.17  shall maintain photographs of juveniles in the same manner as 
150.18  juvenile court records and names under this section. 
150.19     (d) Traffic investigation reports are open to inspection by 
150.20  a person who has sustained physical harm or economic loss as a 
150.21  result of the traffic accident.  Identifying information on 
150.22  juveniles who are parties to traffic accidents may be disclosed 
150.23  as authorized under section 13.82, subdivision 4, and accident 
150.24  reports required under section 169.09 may be released under 
150.25  section 169.09, subdivision 13, unless the information would 
150.26  identify a juvenile who was taken into custody or who is 
150.27  suspected of committing an offense that would be a crime if 
150.28  committed by an adult, or would associate a juvenile with the 
150.29  offense, and the offense is not a minor traffic offense under 
150.30  section 260.193. 
150.31     (e) A law enforcement agency shall notify the principal or 
150.32  chief administrative officer of a juvenile's school of an 
150.33  incident occurring within the agency's jurisdiction if: 
150.34     (1) the agency has probable cause to believe that the 
150.35  juvenile has committed an offense that would be a crime if 
150.36  committed as an adult, that the victim of the offense is a 
151.1   student or staff member of the school, and that notice to the 
151.2   school is reasonably necessary for the protection of the victim; 
151.3   or 
151.4      (2) the agency has probable cause to believe that the 
151.5   juvenile has committed an offense described in subdivision 1b, 
151.6   paragraph (a), clauses (1) to (3), that would be a crime if 
151.7   committed by an adult, regardless of whether the victim is a 
151.8   student or staff member of the school. 
151.9      A law enforcement agency is not required to notify the 
151.10  school under this paragraph if the agency determines that notice 
151.11  would jeopardize an ongoing investigation.  Notwithstanding 
151.12  section 138.17, data from a notice received from a law 
151.13  enforcement agency under this paragraph must be destroyed when 
151.14  the juvenile graduates from the school or at the end of the 
151.15  academic year when the juvenile reaches age 23, whichever date 
151.16  is earlier.  For purposes of this paragraph, "school" means a 
151.17  public or private elementary, middle, or secondary school. 
151.18     (f) In any county in which the county attorney operates or 
151.19  authorizes the operation of a juvenile prepetition or pretrial 
151.20  diversion program, a law enforcement agency or county attorney's 
151.21  office may provide the juvenile diversion program with data 
151.22  concerning a juvenile who is a participant in or is being 
151.23  considered for participation in the program. 
151.24     (g) Upon request of a local social service agency, peace 
151.25  officer records of children who are or may be delinquent or who 
151.26  may be engaged in criminal acts may be disseminated to the 
151.27  agency to promote the best interests of the subject of the data. 
151.28     Sec. 3.  [299A.465] [CONTINUED HEALTH INSURANCE COVERAGE TO 
151.29  DISABLED.] 
151.30     Subdivision 1.  [OFFICER DISABLED IN LINE OF DUTY.] (a) 
151.31  This subdivision applies when a peace officer suffers a 
151.32  disabling injury that: 
151.33     (1) results in the officer's retirement or separation from 
151.34  service; 
151.35     (2) occurs while the officer is acting in the course and 
151.36  scope of duties as a peace officer; and 
152.1      (3) the officer has been approved to receive the officer's 
152.2   duty-related disability pension. 
152.3      (b) The officer's employer shall continue to provide health 
152.4   coverage for: 
152.5      (1) the officer; and 
152.6      (2) the officer's dependents if the officer was receiving 
152.7   dependent coverage at the time of the injury under the 
152.8   employer's group health plan. 
152.9      (c) The employer is responsible for the continued payment 
152.10  of the employer's contribution for coverage of the officer and, 
152.11  if applicable, the officer's dependents.  Coverage must continue 
152.12  for the officer and, if applicable, the officer's dependents 
152.13  until the officer reaches the age of 65.  However, coverage for 
152.14  dependents does not have to be continued after the person no 
152.15  longer meets the definition of dependent.  
152.16     Subd. 2.  [OFFICER KILLED IN LINE OF DUTY.] (a) This 
152.17  subdivision applies when a peace officer is killed while on duty 
152.18  and discharging the officer's duties as a peace officer. 
152.19     (b) The officer's employer shall continue to cover the 
152.20  deceased officer's dependents if the officer was receiving 
152.21  dependent coverage at the time of the officer's death under the 
152.22  employer's group health plan. 
152.23     (c) The employer is responsible for the employer's 
152.24  contribution for the coverage of the officer's dependents.  
152.25  Coverage must continue for a dependent of the officer for the 
152.26  period of time that the person meets the definition of dependent 
152.27  up to the age of 65. 
152.28     Subd. 3.  [COORDINATION OF BENEFITS.] Health insurance 
152.29  benefits payable to the officer and the officer's dependents 
152.30  from any other source provides the primary coverage, and 
152.31  coverage available under this section is secondary. 
152.32     Subd. 4.  [PUBLIC EMPLOYER REIMBURSEMENT.] A public 
152.33  employer subject to this section may annually apply to the 
152.34  commissioner of public safety for reimbursement of its costs of 
152.35  complying with this section.  The commissioner shall provide 
152.36  reimbursement to the public employer out of the public safety 
153.1   officer's benefit account. 
153.2      Subd. 5.  [DEFINITION.] For purposes of this section: 
153.3      (a) "Peace officer" or "officer" has the meaning given in 
153.4   section 626.84, subdivision 1, paragraph (c). 
153.5      (b) "Dependent" means a person who meets the definition of 
153.6   dependent in section 62L.02, subdivision 11, at the time of the 
153.7   officer's injury or death. 
153.8      Subd. 6.  [FULL-TIME FIREFIGHTERS.] Subdivisions 1, 2, 3, 
153.9   and 5, paragraph (b), also apply to a full-time firefighter who 
153.10  meets the other terms, conditions, and qualifications under 
153.11  those subdivisions. 
153.12     Sec. 4.  Minnesota Statutes 1996, section 299A.61, 
153.13  subdivision 1, is amended to read: 
153.14     Subdivision 1.  [ESTABLISHMENT.] The commissioner of public 
153.15  safety, in cooperation with the commissioner of administration, 
153.16  shall develop and maintain an integrated criminal alert network 
153.17  to facilitate the communication of crime prevention information 
153.18  by electronic means among state agencies, law enforcement 
153.19  officials, and the private sector.  The network shall 
153.20  disseminate data regarding the commission of crimes, including 
153.21  information on missing and endangered children, and attempt to 
153.22  reduce theft and other crime by the use of electronic 
153.23  transmission of information.  In addition, the commissioner 
153.24  shall evaluate the feasibility of using the network to 
153.25  disseminate data regarding the use of fraudulent checks and the 
153.26  coordination of security and antiterrorism efforts with the 
153.27  Federal Bureau of Investigation. 
153.28     Sec. 5.  [299A.625] [CRIMINAL GANG COUNCIL AND STRIKE 
153.29  FORCE; GRANTS AUTHORIZED.] 
153.30     Subdivision 1.  [COUNCIL AND STRIKE FORCE ESTABLISHED.] (a) 
153.31  A criminal gang oversight council is established.  The council 
153.32  shall consist of the following individuals or their designees:  
153.33  the commissioner of public safety; the commissioner of 
153.34  corrections; the superintendent of the bureau of criminal 
153.35  apprehension; the attorney general; the Hennepin, Ramsey, St. 
153.36  Louis, and Olmsted county attorneys; the chief law enforcement 
154.1   officers for Minneapolis, St. Paul, and Duluth; the Hennepin, 
154.2   Ramsey, St. Louis, and Olmsted county sheriffs; a chief of 
154.3   police selected by the president of the Minnesota Association of 
154.4   Chiefs of Police, a representative of the Minnesota Police and 
154.5   Peace Officers Association selected by the president of the 
154.6   association, a county attorney selected by the president of the 
154.7   Minnesota County Attorneys Association; a sheriff selected by 
154.8   the president of the Minnesota Sheriffs Association from a 
154.9   county in the seven-county metropolitan area other than Hennepin 
154.10  or Ramsey county; and a sheriff selected by the president of the 
154.11  Minnesota Sheriffs Association from a county outside the 
154.12  seven-county metropolitan area.  The attorney general and the 
154.13  commissioner of public safety shall serve as the cochairs of the 
154.14  council.  The council shall develop the protocol for and oversee 
154.15  the creation and operation of a statewide criminal gang strike 
154.16  force.  The council shall be responsible for developing a 
154.17  statewide strategic plan to investigate and prosecute crimes 
154.18  committed by criminal gangs.  As far as practicable, this plan 
154.19  must address all criminal gangs operating in the state 
154.20  regardless of location or the motivation or ethnicity of the 
154.21  gangs' members.  The plan must target individuals or groups 
154.22  based on specific identifiable activity that indicates gang 
154.23  membership or criminal behavior, not their physical appearance.  
154.24  The plan must list what constitutes gang activity.  The plan 
154.25  must take into account the rights of groups and individuals that 
154.26  the strike force may target and protect against abuses of these 
154.27  rights.  The strike force shall consist of law enforcement 
154.28  officers, bureau of criminal apprehension agents, a 
154.29  prosecutorial unit, and a communications and intelligence 
154.30  network.  The strike force shall implement the strategy 
154.31  developed by the council and is responsible for tactical 
154.32  decisions regarding the implementation of the strategy.  In 
154.33  addition and upon request, the strike force shall assist and 
154.34  train local governmental units, law enforcement agencies, and 
154.35  prosecutor's offices in methods to identify criminal gangs and 
154.36  gang members and in ways to successfully prosecute crimes 
155.1   committed by these individuals.  To the greatest extent 
155.2   possible, the strike force shall operate as a cohesive unit 
155.3   exclusively for the purposes listed in this section for a 
155.4   two-year period.  If regional units are created under paragraph 
155.5   (e), the council shall ensure that the existence and operation 
155.6   of these units do not impair the overall goal of a uniform 
155.7   statewide strategy to combat crimes committed by gangs. 
155.8      (b) The council shall select the members of the strike 
155.9   force and ensure that they are experienced in the investigation 
155.10  and prosecution of crimes committed by criminal gangs.  The 
155.11  council shall ensure that all law enforcement officers selected 
155.12  to join the strike force are licensed peace officers.  In 
155.13  selecting members of the strike force, the council shall consult 
155.14  with chiefs of local law enforcement agencies, sheriffs, county 
155.15  attorneys, and other interested parties.  The council shall 
155.16  request these individuals to recommend willing and experienced 
155.17  persons under their jurisdiction who would help the strike force 
155.18  and to permit those persons to join it.  To the greatest extent 
155.19  possible, entities contributing members to the strike force are 
155.20  encouraged to also contribute equipment and other support.  The 
155.21  council shall attempt to ensure that these entities do so. 
155.22     (c) Members of the strike force shall serve on the force 
155.23  for the entirety of its existence unless the council decides 
155.24  otherwise.  Members shall continue to be employed by the same 
155.25  organization they were employed by prior to joining the strike 
155.26  force.  However, a member shall be under the exclusive command 
155.27  of the strike force while serving on the strike force.  A member 
155.28  of the strike force may request a transfer from the council if 
155.29  the member desires to be transferred back to the position the 
155.30  member held before joining the strike force.  Additionally, a 
155.31  local law enforcement agency head may require the strike force 
155.32  immediately to transfer back a peace officer member of the 
155.33  strike force temporarily or permanently based on departmental 
155.34  needs.  The council shall approve and arrange for a transfer of 
155.35  a member who is not a peace officer as soon as is practicable.  
155.36  If a member is transferred from the strike force, the person in 
156.1   charge of the organization from which the member came, shall 
156.2   arrange for an experienced individual, acceptable to the 
156.3   council, to replace the transferred person on the strike force.  
156.4   If this arrangement cannot be made, any grant received under 
156.5   subdivision 5 must be repaid on a prorated basis. 
156.6      (d) The council may designate a member of the strike force 
156.7   to be its leader and if any regional units authorized under 
156.8   paragraph (e) are created, may designate leaders of the units.  
156.9   This person or these persons shall serve at the pleasure of the 
156.10  council and shall be responsible for the day-to-day operation of 
156.11  the strike force or unit.  However, the council is responsible 
156.12  for the oversight of the strike force and any individual units. 
156.13     (e) If the council decides that it would be more effective 
156.14  and efficient to have distinct regional units concentrating on 
156.15  specific areas of the state within the strike force, it may do 
156.16  so either by initially creating various regional units within 
156.17  the strike force and selecting members accordingly or by doing 
156.18  so at a later date.  If the council chooses to do this, the 
156.19  other provisions of this section shall still apply to the 
156.20  individual units and the council shall still have the duty and 
156.21  authority to develop necessary protocols for and to oversee the 
156.22  operation of each individual unit.  The council may continue to 
156.23  alter the structure of the strike force and any units composing 
156.24  it in any way designed to further its effectiveness and to carry 
156.25  out the intent of this section. 
156.26     (f) The prosecutorial unit of the strike force shall serve 
156.27  under the direction of a prosecution working group.  The 
156.28  prosecution working group consists of the attorney general and 
156.29  the Hennepin, Ramsey, St. Louis, and Olmsted county attorneys.  
156.30  The prosecution working group may invite the United States 
156.31  attorney for the district of Minnesota to serve as an ex-officio 
156.32  member of the prosecution working group.  The attorney general 
156.33  shall serve as the chair of the prosecution working group. 
156.34     The prosecution working group described in paragraph (a) 
156.35  shall develop a policy delineating the role of the attorneys in 
156.36  the strike force and specifying how criminal cases developed by 
157.1   the strike force will be prosecuted.  To the greatest extent 
157.2   possible, this policy must utilize the expertise of county and 
157.3   city attorneys throughout the state, the attorney general's 
157.4   office, and the United States Attorney's Office; and must 
157.5   maximize cooperation with these prosecutors.  It must also 
157.6   address the role of the prosecutorial unit in other matters, 
157.7   including, but not limited to, training local prosecutors in 
157.8   prosecuting cases involving criminal gangs, interviewing 
157.9   witnesses, and cooperating with other strike force members in 
157.10  developing and building strong cases.  The policy shall be 
157.11  submitted to the council for review. 
157.12     (g) The assistant attorney general assigned to the strike 
157.13  force, in addition to helping develop the policy described in 
157.14  paragraph (f) and in carrying out the individual tasks specified 
157.15  in the policy after it is approved by the council, shall 
157.16  generally advise the council on any matters that the council 
157.17  deems appropriate.  The attorney general or a designee also will 
157.18  serve as a liaison between the criminal gang oversight council 
157.19  established in this subdivision and the councils created in 
157.20  sections 3.922, 3.9223, 3.9225, and 3.9226.  The attorney 
157.21  general or a designee will be responsible for: 
157.22     (1) informing the councils of the criminal gang oversight 
157.23  council's plans, activities, and decisions and hearing their 
157.24  reactions to those plans, activities, and decisions; and 
157.25     (2) providing the criminal gang oversight council with 
157.26  information about the councils' position on the oversight 
157.27  council's plans, activities, and decisions. 
157.28     In no event is the criminal gang oversight council required 
157.29  to disclose the names of individuals identified by it to the 
157.30  councils referenced in this paragraph. 
157.31     Nothing in this paragraph changes the data classification 
157.32  of any data held by the oversight council. 
157.33     Subd. 2.  [STATEWIDE JURISDICTION.] Law enforcement 
157.34  officers who are members of the strike force shall have 
157.35  statewide jurisdiction to conduct criminal investigations and 
157.36  shall possess the same powers of arrest as those possessed by a 
158.1   sheriff.  Prosecutors assigned to the prosecutorial unit of the 
158.2   strike force shall have all the powers of an assistant attorney 
158.3   general under section 8.01 to prosecute gang crimes investigated 
158.4   throughout the state by the law enforcement officers assigned to 
158.5   the strike force. 
158.6      Subd. 3.  [LIABILITY AND WORKERS' COMPENSATION.] While 
158.7   operating under the scope of this section, members of the strike 
158.8   force are "employees of the state" as defined in section 3.736 
158.9   and are considered employees of the department of public safety 
158.10  for purposes of chapter 176. 
158.11     Subd. 4.  [REQUIRED REPORT.] By February 1 of each year, 
158.12  the council shall report to the chairs of the senate and house 
158.13  of representatives committees or divisions having jurisdiction 
158.14  over criminal justice policy and funding on the activities of 
158.15  the council and strike force. 
158.16     Subd. 5.  [REIMBURSEMENT GRANTS AUTHORIZED.] The council 
158.17  may award grants to local law enforcement agencies, county 
158.18  attorney's and sheriff's offices, and other organizations that 
158.19  have contributed members to the strike force to hire new persons 
158.20  to replace those who have joined the force.  A grant may cover a 
158.21  two-year period and reimburse the recipient for up to 100 
158.22  percent of the salary of the departed person.  A recipient of a 
158.23  grant under this subdivision shall use the money to hire a new 
158.24  person to replace the person who has joined the strike force, 
158.25  thus, keeping its complement of employees at the same level.  
158.26  The money may not be used to pay for equipment or uniforms. 
158.27     Subd. 6.  [GRANTS TO EXPAND LOCAL CAPACITY TO COMBAT 
158.28  CRIMINAL GANGS.] (a) The council may award grants to local law 
158.29  enforcement agencies and city and county attorneys' offices to 
158.30  expand the agency's or office's capacity to successfully 
158.31  investigate and prosecute crimes committed by criminal gangs. 
158.32     (b) Grant applicants under this subdivision shall submit to 
158.33  the council a detailed plan describing the uses for which the 
158.34  money will be put.  The council shall evaluate grant 
158.35  applications and award grants in a manner that will best ensure 
158.36  positive results.  The council may award grants to purchase 
159.1   necessary equipment and to develop or upgrade computer systems 
159.2   if the council determines that this will best aid the 
159.3   recipient's attempts to combat criminal gangs.  The council 
159.4   shall require recipients of grants to provide follow-up reports 
159.5   to the council detailing the success of the recipient in 
159.6   combating criminal gangs. 
159.7      (c) The council shall condition grants made under this 
159.8   subdivision to require that recipients agree to cooperate with 
159.9   the council and the bureau of criminal apprehension in creating 
159.10  and expanding a comprehensive criminal gang information system 
159.11  and in implementing the strategy developed by the council to 
159.12  combat criminal gangs.  Grant recipients shall agree to provide 
159.13  the council and bureau with any requested information regarding 
159.14  the activities and characteristics of criminal gangs and gang 
159.15  members operating within its jurisdiction. 
159.16     Sec. 6.  Minnesota Statutes 1996, section 299A.63, 
159.17  subdivision 4, is amended to read: 
159.18     Subd. 4.  [ATTORNEY GENERAL DUTIES.] (a) The attorney 
159.19  general may assist cities and local law enforcement officials in 
159.20  developing and implementing anticrime and neighborhood community 
159.21  revitalization strategies and may assist local prosecutors in 
159.22  prosecuting crimes occurring in the targeted neighborhoods that 
159.23  receive funding under this section.  Upon request of the local 
159.24  prosecuting authority, the attorney general may appear in court 
159.25  in those civil and criminal cases arising as a result of this 
159.26  section that the attorney general deems appropriate.  For the 
159.27  purposes of this section, the attorney general may appear in 
159.28  court in nuisance actions under chapter 617, and misdemeanor 
159.29  prosecutions under chapter 609.  
159.30     (b) The attorney general ~~shall develop~~ may assist cities in 
159.31  developing appropriate applications to the United States 
159.32  Department of Justice for federal weed and seed grants for use 
159.33  in conjunction with grants awarded under this section. 
159.34     Sec. 7.  Minnesota Statutes 1996, section 299C.10, 
159.35  subdivision 4, is amended to read: 
159.36     Subd. 4.  [FEE FOR BACKGROUND CHECK; ACCOUNT; 
160.1   APPROPRIATION.] The superintendent shall collect a fee in an 
160.2   amount to cover the expense for each background check provided 
160.3   for a purpose not directly related to the criminal justice 
160.4   system or required by section 624.7131, 624.7132, or 624.714.  
160.5   The proceeds of the fee must be deposited in a special account.  
160.6   ~~Until July 1, 1997,~~ Money in the account is appropriated to the 
160.7   commissioner to maintain and improve the quality of the criminal 
160.8   record system in Minnesota. 
160.9      Sec. 8.  Minnesota Statutes 1996, section 299C.65, is 
160.10  amended by adding a subdivision to read: 
160.11     Subd. 5.  [REVIEW OF FUNDING REQUESTS.] The criminal and 
160.12  juvenile justice information policy group shall review the 
160.13  funding requests for criminal justice information systems from 
160.14  state, county, and municipal government agencies.  The policy 
160.15  group shall review the requests for compatibility to statewide 
160.16  criminal justice information systems.  The review shall be 
160.17  forwarded to the chairs of the house judiciary committee and 
160.18  judiciary finance division, and the chairs of the senate crime 
160.19  prevention committee and crime prevention and judiciary finance 
160.20  division. 
160.21     Sec. 9.  Minnesota Statutes 1996, section 299D.07, is 
160.22  amended to read: 
160.23     299D.07 [HELICOPTERS AND FIXED WING AIRCRAFT.] 
160.24     The commissioner of public safety is hereby authorized to 
160.25  retain, acquire, maintain and operate helicopters and fixed wing 
160.26  aircraft for the purposes of the highway patrol and the Bureau 
160.27  of Criminal Apprehension and for any other law enforcement 
160.28  purpose that the commissioner determines is appropriate.  The 
160.29  commissioner also is authorized to employ state patrol officer 
160.30  pilots as required. 
160.31     Sec. 10.  Minnesota Statutes 1996, section 299F.051, is 
160.32  amended to read: 
160.33     299F.051 [TRAINING LOCAL FIREFIGHTERS; PROSECUTORS; AND 
160.34  PEACE OFFICERS.] 
160.35     Subdivision 1.  [~~CONTENT~~ TRAINING UNIT.] An arson training 
160.36  unit is established within the division of fire marshal to 
161.1   develop and administer arson training courses throughout the 
161.2   state for law enforcement and fire service personnel and for 
161.3   prosecutors. 
161.4      Subd. 1a.  [CURRICULUM.] The ~~superintendent of the~~ arson 
161.5   training unit, in consultation with the bureau of criminal 
161.6   apprehension, ~~after consultation with~~ the state fire marshal, 
161.7   the Minnesota peace ~~officers~~ officer standards and training 
161.8   board, the county attorneys association, the attorney general, 
161.9   and the state advisory council on fire service education and 
161.10  research, shall establish ~~the content of~~ a standardized 
161.11  curriculum to be included in the training programs ~~which shall~~ 
161.12  ~~be available to firefighters and peace officers from political~~ 
161.13  ~~subdivisions~~.  The ~~content~~ standardized curriculum shall include 
161.14  fire scene investigation and preservation of evidence, 
161.15  interviewing of witnesses and suspects, constitutional limits on 
161.16  interrogation by sworn and nonsworn officers, and other topics 
161.17  deemed necessary to successful criminal investigation~~.~~ and 
161.18  prosecution.  The training program offered to peace officers 
161.19  shall meet the applicable preservice training requirements 
161.20  established by the peace officer standards and training board 
161.21  under section 626.8456. 
161.22     Subd. 2.  [TRAINING LOCATIONS, INSTRUCTORS.] The arson 
161.23  training unit, in cooperation with the superintendent of the 
161.24  bureau of criminal apprehension, the board of peace officer 
161.25  standards and training, the county attorneys association, and 
161.26  the attorney general, shall provide courses at convenient 
161.27  locations in the state for training firefighters ~~and~~, peace 
161.28  officers, and prosecutors in: 
161.29     (1) the conduct of investigations following the occurrence 
161.30  of a fire; and 
161.31     (2) the prosecution of arson cases. 
161.32     For this purpose, the ~~superintendent~~ arson training unit 
161.33  may use the services and employees of the bureau, the state fire 
161.34  marshal, and the attorney general.  In addition, ~~after~~ 
161.35  ~~consultation with the state fire marshal, the superintendent~~ the 
161.36  arson training unit is authorized to establish minimum 
162.1   qualifications for training course instructors, and engage 
162.2   part-time instructors necessary and proper to furnish the best 
162.3   possible instruction, subject to the limitation of funds 
162.4   appropriated and available for expenditure.  Laws 1981, chapter 
162.5   210, sections 1 to 48, shall not apply to the part-time 
162.6   instructors. 
162.7      Subd. 3.  [IN-SERVICE TRAINING.] The ~~state fire marshal and~~ 
162.8   ~~the superintendent of~~ arson training unit, in cooperation with 
162.9   the bureau of criminal apprehension, ~~in cooperation with the~~ 
162.10  ~~Minnesota board of peace officer standards and training,~~ shall 
162.11  ~~encourage the establishment of~~ offer in-service and refresher 
162.12  training for firefighters and peace officers through schools 
162.13  administered by the state, county, school district, 
162.14  municipality, or joint or contractual combinations thereof.  The 
162.15  in-service training courses offered for peace officers shall be 
162.16  eligible for continuing education credit from the Minnesota 
162.17  board of peace ~~officers~~ officer standards and training ~~shall~~ 
162.18  ~~report to the governor and legislature on the progress made in~~ 
162.19  ~~this effort as provided in section 626.843~~. 
162.20     Subd. 4.  [COOPERATIVE INVESTIGATION; REIMBURSEMENT.] The 
162.21  state fire marshal and the superintendent of the bureau of 
162.22  criminal apprehension shall encourage the cooperation of local 
162.23  firefighters and peace officers in the investigation of 
162.24  violations of sections 609.561 to 609.576 or other crimes 
162.25  associated with reported fires in all appropriate ways, 
162.26  including ~~the~~ providing reimbursement ~~of~~ to political 
162.27  subdivisions at a rate not to exceed 50 percent of the salaries 
162.28  of peace officers and firefighters for time spent in attending 
162.29  fire investigation training courses offered by the ~~bureau~~ arson 
162.30  training unit.  Volunteer firefighters from a political 
162.31  subdivision shall be reimbursed at the rate of $35 per day plus 
162.32  expenses incurred in attending fire investigation training 
162.33  courses offered by the ~~bureau~~ arson training unit.  
162.34  Reimbursement shall be made only in the event that both a peace 
162.35  officer and a firefighter from the same political subdivision 
162.36  attend the same training course.  The reimbursement shall be 
163.1   subject to the limitation of funds appropriated and available 
163.2   for expenditure.  The state fire marshal and the superintendent 
163.3   also shall encourage local firefighters and peace officers to 
163.4   seek assistance from the arson strike force established in 
163.5   section 299F.058. 
163.6      Sec. 11.  [299F.058] [ARSON STRIKE FORCE.] 
163.7      Subdivision 1.  [ARSON STRIKE FORCE.] A multijurisdictional 
163.8   arson strike force is established to provide expert 
163.9   investigative and prosecutorial assistance to local agencies on 
163.10  request in complex or serious cases involving suspected arson. 
163.11     Subd. 2.  [MEMBERSHIP.] (a) The arson strike force consists 
163.12  of representatives from the following agencies and organizations:
163.13     (1) the division of fire marshal; 
163.14     (2) the bureau of criminal apprehension; 
163.15     (3) the office of attorney general; 
163.16     (4) the Minnesota county attorneys association; 
163.17     (5) the Bureau of Alcohol, Tobacco, and Firearms of the 
163.18  United States Treasury Department; 
163.19     (6) the Minneapolis police and fire arson unit; 
163.20     (7) the St. Paul police and fire arson unit; 
163.21     (8) licensed private detectives selected by the state fire 
163.22  marshal or the attorney general or their designees; and 
163.23     (9) any other arson experts the arson strike force deems 
163.24  appropriate to include. 
163.25     The arson strike force, as necessary, may consult and work 
163.26  with representatives of property insurance agencies and 
163.27  organizations and any other private organizations that have 
163.28  expertise in arson investigations and prosecutions. 
163.29     (b) Representatives from the attorney general's office and 
163.30  the county attorneys association who are members of the arson 
163.31  strike force shall assist in administering the strike force. 
163.32     Subd. 3.  [INVESTIGATIVE DUTIES.] (a) The arson strike 
163.33  force shall be available on a statewide basis to assist local 
163.34  public safety agencies in investigating the following types of 
163.35  suspected arson cases: 
163.36     (1) serial fires; 
164.1      (2) multijurisdictional fires; 
164.2      (3) fires causing death or serious injury to a public 
164.3   safety officer; 
164.4      (4) fires resulting in multiple deaths or injuries; or 
164.5      (5) fires causing over $1,000,000 in damage. 
164.6      (b) The arson strike force shall establish a mechanism for 
164.7   informing local public safety agencies that it is available to 
164.8   assist in the investigation of the suspected arson cases 
164.9   described in paragraph (a). 
164.10     (c) The arson strike force shall, by means of a memorandum 
164.11  of understanding among the involved agencies, develop and 
164.12  implement a protocol for the strike force's activation and 
164.13  operation in local cases of suspected arson. 
164.14     (d) The arson strike force shall assist the arson training 
164.15  unit established in section 299F.051 in developing and 
164.16  implementing educational programs for public safety personnel on 
164.17  investigating arson cases. 
164.18     Subd. 4.  [PROSECUTION DUTIES.] (a) The arson strike force 
164.19  may identify and establish a team of prosecutors with experience 
164.20  in arson cases who will provide advice, on request, to local 
164.21  prosecutors who are prosecuting or preparing to prosecute arson 
164.22  cases.  This team shall include prosecutors from the attorney 
164.23  general's office and county prosecutors who are identified and 
164.24  selected by the county attorneys association. 
164.25     (b) The arson strike force shall assist the arson training 
164.26  unit established in section 299F.051 in developing educational 
164.27  programs and manuals to assist prosecutors in prosecuting arson 
164.28  cases. 
164.29     Sec. 12.  [299F.059] [JUVENILE FIRESETTER INTERVENTION.] 
164.30     Subdivision 1.  [INTERVENTION NETWORK.] The state fire 
164.31  marshal shall establish a statewide juvenile firesetter 
164.32  intervention network.  The network shall include a clearinghouse 
164.33  of resources and materials to assist fire service personnel, 
164.34  schools, law enforcement agencies, and mental health 
164.35  professionals in understanding juvenile firesetting behavior and 
164.36  symptoms and intervening with juveniles who engage in the 
165.1   behavior or display the symptoms.  The state fire marshal shall 
165.2   include in the network the comprehensive, injury prevention 
165.3   education curriculum provided for in subdivision 2. 
165.4      Subd. 2.  [EDUCATIONAL CURRICULUM.] The state fire marshal 
165.5   shall ensure implementation of a comprehensive, injury 
165.6   prevention education curriculum that focuses on juvenile fire 
165.7   play intervention and injury prevention.  The curriculum shall 
165.8   be made available to schools and other interested organizations 
165.9   statewide. 
165.10     Subd. 3.  [ANNUAL TRAINING FORUM.] The state fire marshal 
165.11  shall develop strategies and plans designed to reduce the number 
165.12  of juvenile firesetting incidents.  The state fire marshal shall 
165.13  offer an annual training forum for fire service and law 
165.14  enforcement personnel and for juvenile justice, medical, 
165.15  educational, mental health, and other interested professionals 
165.16  to discuss these strategies and other issues relating to 
165.17  juvenile firesetter behavior and symptoms. 
165.18     Subd. 4.  [MEDIA CAMPAIGN; KEEPING FIRE MATERIALS AWAY FROM 
165.19  CHILDREN.] The state fire marshal shall develop an ongoing media 
165.20  awareness campaign to instruct parents, retailers, and the 
165.21  community on the importance of keeping fire materials away from 
165.22  children and on methods for accomplishing that objective.  
165.23     Sec. 13.  Minnesota Statutes 1996, section 299F.06, 
165.24  subdivision 3, is amended to read: 
165.25     Subd. 3.  [PENALTY FOR REFUSAL TO TESTIFY OR PRODUCE 
165.26  EVIDENCE.] Any witness who refuses to be sworn, or who refuses 
165.27  to testify, or who disobeys any lawful order of the state fire 
165.28  marshal, chief assistant fire marshal, or deputy state fire 
165.29  marshal in relation to the investigation, or who fails or 
165.30  refuses to produce any paper, book, or document touching any 
165.31  matter under examination, or who is guilty of any contemptuous 
165.32  conduct, after being summoned to appear before them to give 
165.33  testimony in relation to any matter or subject under examination 
165.34  or investigation may be ~~summarily~~ punished by ~~the state fire~~ 
165.35  ~~marshal, chief assistant state fire marshal, or deputy state~~ 
165.36  ~~fire marshals as for contempt by a fine in a sum not exceeding~~ 
166.1   ~~$100 or be committed to the county jail until such time as such~~ 
166.2   ~~person may be willing to comply with any reasonable order made~~ 
166.3   ~~by the state fire marshal, chief assistant state fire marshal,~~ 
166.4   ~~or deputy state fire marshals, as provided in this chapter~~ any 
166.5   district court in the same manner as if the proceedings were 
166.6   pending in that court, ~~and~~ subject to the provisions of section 
166.7   588.01. 
166.8      Sec. 14.  Minnesota Statutes 1996, section 609.035, 
166.9   subdivision 1, is amended to read: 
166.10     Subdivision 1.  Except as provided in ~~subdivision~~ 
166.11  subdivisions 2, ~~subdivision~~ 3, and 4, and in sections 609.251, 
166.12  609.585, 609.21, subdivisions 3 and 4, 609.2691, 609.486, 
166.13  609.494, and 609.856, if a person's conduct constitutes more 
166.14  than one offense under the laws of this state, the person may be 
166.15  punished for only one of the offenses and a conviction or 
166.16  acquittal of any one of them is a bar to prosecution for any 
166.17  other of them.  All the offenses, if prosecuted, shall be 
166.18  included in one prosecution which shall be stated in separate 
166.19  counts. 
166.20     Sec. 15.  Minnesota Statutes 1996, section 609.035, is 
166.21  amended by adding a subdivision to read: 
166.22     Subd. 4.  [EXCEPTION; ARSON OFFENSES.] Notwithstanding 
166.23  section 609.04, a prosecution for or conviction of a violation 
166.24  of sections 609.561 to 609.563 or 609.5641 is not a bar to 
166.25  conviction of or punishment for any other crime committed by the 
166.26  defendant as part of the same conduct when the defendant is 
166.27  shown to have violated sections 609.561 to 609.563 or 609.5641 
166.28  for the purpose of concealing any other crime. 
166.29     For purposes of the sentencing guidelines, a violation of 
166.30  sections 609.561 to 609.593 or 609.5641 is a crime against the 
166.31  person. 
166.32     Sec. 16.  Minnesota Statutes 1996, section 609.115, 
166.33  subdivision 1, is amended to read: 
166.34     Subdivision 1.  [PRESENTENCE INVESTIGATION.] (a) When a 
166.35  defendant has been convicted of a misdemeanor or gross 
166.36  misdemeanor, the court may, and when the defendant has been 
167.1   convicted of a felony, the court shall, before sentence is 
167.2   imposed, cause a presentence investigation and written report to 
167.3   be made to the court concerning the defendant's individual 
167.4   characteristics, circumstances, needs, potentialities, criminal 
167.5   record and social history, the circumstances of the offense and 
167.6   the harm caused by it to others and to the community.  At the 
167.7   request of the prosecutor in a gross misdemeanor case, the court 
167.8   shall order that a presentence investigation and report be 
167.9   prepared.  The investigation shall be made by a probation 
167.10  officer of the court, if there is one; otherwise it shall be 
167.11  made by the commissioner of corrections.  The officer conducting 
167.12  the presentence or predispositional investigation shall make 
167.13  reasonable and good-faith efforts to contact and provide the 
167.14  victim with the information required under section 611A.037, 
167.15  subdivision 2.  Presentence investigations shall be conducted 
167.16  and summary hearings held upon reports and upon the sentence to 
167.17  be imposed upon the defendant in accordance with this section, 
167.18  section 244.10, and the rules of criminal procedure. 
167.19     (b) When the crime is a violation of sections 609.561 to 
167.20  609.563, 609.5641, or 609.576 and involves a fire, the report 
167.21  shall include a description of the financial and physical harm 
167.22  the offense has had on the public safety personnel who responded 
167.23  to the fire.  For purposes of this paragraph, "public safety 
167.24  personnel" means the state fire marshal; employees of the 
167.25  division of the state fire marshal; firefighters, regardless of 
167.26  whether the firefighters receive any remuneration for providing 
167.27  services; peace officers, as defined in section 626.05, 
167.28  subdivision 2; individuals providing emergency management 
167.29  services; and individuals providing emergency medical services. 
167.30     (c) When the crime is a felony violation of chapter 152 
167.31  involving the sale or distribution of a controlled substance, 
167.32  the report shall include a description of any adverse social or 
167.33  economic effects the offense has had on persons who reside in 
167.34  the neighborhood where the offense was committed. 
167.35     (d) The report shall also include the information relating 
167.36  to crime victims required under section 611A.037, subdivision 1. 
168.1   If the court directs, the report shall include an estimate of 
168.2   the prospects of the defendant's rehabilitation and 
168.3   recommendations as to the sentence which should be imposed.  In 
168.4   misdemeanor cases the report may be oral. 
168.5      (e) When a defendant has been convicted of a felony, and 
168.6   before sentencing, the court shall cause a sentencing worksheet 
168.7   to be completed to facilitate the application of the Minnesota 
168.8   sentencing guidelines.  The worksheet shall be submitted as part 
168.9   of the presentence investigation report.  
168.10     ~~The investigation shall be made by a probation officer of~~ 
168.11  ~~the court, if there is one, otherwise by the commissioner of~~ 
168.12  ~~corrections.  The officer conducting the presentence or~~ 
168.13  ~~predispositional investigation shall make reasonable and good~~ 
168.14  ~~faith efforts to contact the victim of that crime and to provide~~ 
168.15  ~~that victim with the information required under section~~ 
168.16  ~~611A.037, subdivision 2.~~ 
168.17     (f) When a person is convicted of a felony for which the 
168.18  sentencing guidelines presume that the defendant will be 
168.19  committed to the commissioner of corrections under an executed 
168.20  sentence and no motion for a sentencing departure has been made 
168.21  by counsel, the court may, when there is no space available in 
168.22  the local correctional facility, commit the defendant to the 
168.23  custody of the commissioner of corrections, pending completion 
168.24  of the presentence investigation and report.  When a defendant 
168.25  is convicted of a felony for which the sentencing guidelines do 
168.26  not presume that the defendant will be committed to the 
168.27  commissioner of corrections, or for which the sentencing 
168.28  guidelines presume commitment to the commissioner but counsel 
168.29  has moved for a sentencing departure, the court may commit the 
168.30  defendant to the commissioner with the consent of the 
168.31  commissioner, pending completion of the presentence 
168.32  investigation and report.  The county of commitment shall return 
168.33  the defendant to the court when the court so orders. 
168.34     ~~Presentence investigations shall be conducted and summary~~ 
168.35  ~~hearings held upon reports and upon the sentence to be imposed~~ 
168.36  ~~upon the defendant in accordance with this section, section~~ 
169.1   ~~244.10, and the rules of criminal procedure.~~ 
169.2      Sec. 17.  [626.8456] [TRAINING IN FIRE SCENE RESPONSE AND 
169.3   ARSON AWARENESS.] 
169.4      Subdivision 1.  [TRAINING COURSE.] The board, in 
169.5   consultation with the division of fire marshal, shall prepare 
169.6   objectives for a training course to instruct peace officers in 
169.7   fire scene response and arson awareness.  
169.8      Subd. 2.  [PRESERVICE TRAINING REQUIREMENT.] An individual 
169.9   is not eligible to take the peace officer licensing examination 
169.10  after August 1, 1998, unless the individual has received the 
169.11  training described in subdivision 1. 
169.12     Sec. 18.  [ASSIGNMENT OF BUREAU OF CRIMINAL APPREHENSION 
169.13  AGENTS TO STRIKE FORCE.] 
169.14     The superintendent of the bureau of criminal apprehension 
169.15  shall assign experienced agents to the strike force described in 
169.16  section 299A.625.  These agents shall operate exclusively for 
169.17  the purposes listed in section 299A.625 under the protocol 
169.18  developed by the criminal gang oversight council. 
169.19     Sec. 19.  [ASSIGNMENT OF ASSISTANT ATTORNEY GENERAL TO 
169.20  STRIKE FORCE.] 
169.21     The attorney general shall assign an assistant attorney 
169.22  general experienced in the prosecution of crimes committed by 
169.23  criminal gangs to the strike force described in section 299A.625.
169.24  This attorney shall operate exclusively for the purposes listed 
169.25  in section 299A.625 under the protocol developed by the 
169.26  prosecution working group. 
169.27     Sec. 20.  [REPEALER.] 
169.28     Minnesota Statutes 1996, sections 299A.01, subdivision 6; 
169.29  and 299F.07, are repealed.  Minnesota Rules, parts 7419.0100; 
169.30  7419.0200; 7419.0300; 7419.0400; 7419.0500; 7419.0600; 
169.31  7419.0700; and 7419.0800, are repealed. 
169.32     Sec. 21.  [EFFECTIVE DATE.] 
169.33     Sections 14 to 16 are effective August 1, 1997, and apply 
169.34  to crimes committed on or after that date. 
169.35                             ARTICLE 9
169.36                            CORRECTIONS
170.1      Section 1.  Minnesota Statutes 1996, section 144.761, 
170.2   subdivision 5, is amended to read: 
170.3      Subd. 5.  [EMERGENCY MEDICAL SERVICES PERSONNEL.] 
170.4   "Emergency medical services personnel" means: 
170.5      (1) individuals employed to provide prehospital emergency 
170.6   medical services; 
170.7      (2) persons employed as licensed police officers under 
170.8   section 626.84, subdivision 1, who experience a significant 
170.9   exposure in the performance of their duties; 
170.10     (3) firefighters, paramedics, emergency medical 
170.11  technicians, licensed nurses, rescue squad personnel, or other 
170.12  individuals who serve as employees or volunteers of an ambulance 
170.13  service as defined by sections 144.801 to 144.8091, who provide 
170.14  prehospital emergency medical services; 
170.15     (4) crime lab personnel receiving a significant exposure 
170.16  while involved in a criminal investigation; 
170.17     (5) correctional guards~~, including security guards at the~~ 
170.18  ~~Minnesota security hospital, employed by the state or a local~~ 
170.19  ~~unit of government who experience~~ employed in state and local 
170.20  correctional facilities and other employees of the state 
170.21  department of corrections, if the guard or employee experiences 
170.22  a significant exposure to an inmate ~~who is transported to a~~ 
170.23  ~~facility for emergency medical care~~ in the performance of their 
170.24  duties; ~~and~~ 
170.25     (6) employees at the Minnesota security hospital and the 
170.26  Minnesota sexual psychopathic personality treatment center who 
170.27  are employed by the state or a local unit of government and who 
170.28  experience a significant exposure in the performance of their 
170.29  duties; and 
170.30     (7) other persons who render emergency care or assistance 
170.31  at the scene of an emergency, or while an injured person is 
170.32  being transported to receive medical care, and who would qualify 
170.33  for immunity from liability under the good samaritan law, 
170.34  section 604A.01. 
170.35     Sec. 2.  Minnesota Statutes 1996, section 144.761, 
170.36  subdivision 7, is amended to read: 
171.1      Subd. 7.  [SIGNIFICANT EXPOSURE.] "Significant exposure" 
171.2   means: 
171.3      (1) contact, in a manner supported by contemporary 
171.4   epidemiological research as a method of HIV or hepatitis B 
171.5   transmission, of the broken skin or mucous membrane of emergency 
171.6   medical services personnel with a patient's blood, amniotic 
171.7   fluid, pericardial fluid, peritoneal fluid, pleural fluid, 
171.8   synovial fluid, cerebrospinal fluid, semen, vaginal secretions, 
171.9   or bodily fluids grossly contaminated with blood; 
171.10     (2) a needle stick, scalpel or instrument wound, or other 
171.11  wound inflicted by an object that is contaminated with blood, 
171.12  and that is capable of cutting or puncturing the skin of 
171.13  emergency medical services personnel; or 
171.14     (3) an exposure that occurs by any other method of 
171.15  transmission recognized by contemporary epidemiological 
171.16  standards as a significant exposure. 
171.17     Sec. 3.  Minnesota Statutes 1996, section 144.762, 
171.18  subdivision 2, is amended to read: 
171.19     Subd. 2.  [REQUIREMENTS FOR PROTOCOL.] The postexposure 
171.20  notification protocol must include the following: 
171.21     (1) a method for emergency medical services personnel to 
171.22  notify the facility that they may have experienced a significant 
171.23  exposure from a patient that was transported to the facility.  
171.24  The facility shall provide to the emergency medical services 
171.25  personnel a significant exposure report form to be completed by 
171.26  the emergency medical services personnel in a timely fashion; 
171.27     (2) a process to investigate and determine whether a 
171.28  significant exposure has occurred.  This investigation must be 
171.29  completed within 72 hours of receipt of the exposure report, or 
171.30  within a time period that will enable the patient to benefit 
171.31  from contemporary standards of care for reducing the risk of 
171.32  infection; 
171.33     (3) if there has been a significant exposure, a process to 
171.34  determine whether the patient has hepatitis B or HIV infection; 
171.35     (4) if the patient has an infectious disease that could be 
171.36  transmitted by the type of exposure that occurred, or, if it is 
172.1   not possible to determine what disease the patient may have, a 
172.2   process for making recommendations for appropriate counseling 
172.3   and testing to the emergency medical services personnel; 
172.4      (5) compliance with applicable state and federal laws 
172.5   relating to data practices, confidentiality, informed consent, 
172.6   and the patient bill of rights; and 
172.7      (6) a process for providing counseling for the patient to 
172.8   be tested and for the emergency medical services personnel 
172.9   filing the exposure report. 
172.10     Sec. 4.  Minnesota Statutes 1996, section 144.762, is 
172.11  amended by adding a subdivision to read: 
172.12     Subd. 2a.  [ADDITIONAL PROTOCOL REQUIREMENTS.] In addition 
172.13  to the protocol requirements under subdivision 2, the 
172.14  postexposure notification protocol must provide a process for a 
172.15  licensed physician at the facility to conduct an immediate 
172.16  investigation into whether a significant exposure has occurred 
172.17  whenever emergency medical services personnel present themselves 
172.18  at a facility within six hours of a possible significant 
172.19  exposure.  If the investigation shows that a significant 
172.20  exposure occurred, the protocol must provide a process for 
172.21  determining whether the patient has hepatitis B or HIV infection 
172.22  by means of voluntary testing or, if necessary, court-ordered 
172.23  testing of the patient. 
172.24     Sec. 5.  Minnesota Statutes 1996, section 144.765, is 
172.25  amended to read: 
172.26     144.765 [PATIENT'S RIGHT TO REFUSE TESTING.] 
172.27     Subdivision 1.  [VOLUNTARY TESTING.] Upon notification of a 
172.28  significant exposure, the facility shall ask the patient to 
172.29  consent to blood testing to determine the presence of the HIV 
172.30  virus or the hepatitis B virus.  The patient shall be informed 
172.31  that the test results without personally identifying information 
172.32  will be reported to the emergency medical services personnel.  
172.33  The patient shall be informed of the right to refuse to be 
172.34  tested.  If the patient refuses to be tested, the patient's 
172.35  refusal will be forwarded to the emergency medical services 
172.36  agency and to the emergency medical services personnel.  
173.1      Subd. 2.  [MANDATORY TESTING.] The right to refuse a blood 
173.2   test under the circumstances described in this section does not 
173.3   apply to a prisoner who is in the custody or under the 
173.4   jurisdiction of the commissioner of corrections or a local 
173.5   correctional authority as a result of a criminal conviction. 
173.6      Subd. 3.  [COURT ORDER.] If a patient is subject to 
173.7   voluntary testing under section 144.762, subdivision 2a, and 
173.8   either is unavailable for immediate testing at the facility or 
173.9   refuses to submit to a blood test, the emergency medical 
173.10  services personnel may seek a court order to compel the patient 
173.11  to submit to testing.  Court proceedings under this subdivision 
173.12  shall be given precedence over other pending matters so that the 
173.13  court may reach a prompt decision without delay.  The court 
173.14  shall order the patient to submit to testing upon proof that an 
173.15  investigation by a licensed physician under section 144.762, 
173.16  subdivision 2a, showed that the emergency medical services 
173.17  personnel experienced a significant exposure. 
173.18     Sec. 6.  [241.266] [RESTRICTIONS ON PRIVATIZATION.] 
173.19     (a) A state agency shall not enter into a contract with a 
173.20  private vendor for the delivery of: 
173.21     (1) security functions at a state correctional institution, 
173.22  except for those functions that are being provided by a private 
173.23  vendor as of the effective date of this section; 
173.24     (2) correctional institution food services and commissary 
173.25  services provided by nonmanagement employees that are being 
173.26  provided by the state as of the effective date of this section, 
173.27  unless the requirements of section 241.267 are satisfied; and 
173.28     (3) food services and commissary services provided by 
173.29  nonmanagement employees in any new correctional institution, 
173.30  unless the requirements of section 241.267 are satisfied. 
173.31     Nothing in paragraph (a), clauses (2) and (3), shall be 
173.32  construed to prohibit a state agency from entering into a 
173.33  contract with a private vendor for management-level services. 
173.34     (b) For the purposes of sections 241.266 to 241.269, 
173.35  "private vendor" means an entity not owned or operated by a 
173.36  state or political subdivision that delivers or offers to 
174.1   deliver services. 
174.2      Sec. 7.  [241.267] [CONTRACT REVIEW FOR INSTITUTIONAL 
174.3   CONTRACTS.] 
174.4      Subdivision 1.  [REVIEW GUIDELINES.] (a) Except as provided 
174.5   in paragraph (g), the commissioner of corrections shall not 
174.6   recommend approval of a contract with a private vendor unless 
174.7   the commissioner of corrections determines that the requirements 
174.8   in paragraphs (b) to (f) are met.  
174.9      (b) The private vendor must provide financial statements 
174.10  for the previous three years or for each of the years the 
174.11  private vendor has been in operation, if fewer than three years, 
174.12  or provide other financial information to enable the 
174.13  commissioner to determine the financial strength of the private 
174.14  vendor. 
174.15     (c) The private vendor must provide an adequate plan of 
174.16  insurance, specifically including insurance for civil rights 
174.17  claims, as determined by an independent risk management firm 
174.18  with demonstrated experience in state government liability 
174.19  issues.  The firm shall be selected by the commissioner of 
174.20  commerce.  In determining the adequacy of the plan, the firm 
174.21  shall determine whether the insurance is adequate: 
174.22     (1) to protect the state from legal actions by a third 
174.23  party against the private vendor or the state as a result of the 
174.24  contract; 
174.25     (2) to protect the state against claims arising as a result 
174.26  of any occurrence during the term of the contract; 
174.27     (3) to ensure the private vendor's ability to fulfill its 
174.28  contract with the state in all respects, and to assure that the 
174.29  private vendor is not limited in this ability because of 
174.30  financial liability which results from judgments; and 
174.31     (4) to satisfy such other requirements specified by the 
174.32  independent risk management/actuarial firm. 
174.33     (d) In cooperation with appropriate bargaining 
174.34  representatives, the commissioner of corrections will compare 
174.35  the cost of continuing to operate the institutional service as a 
174.36  public function to the cost of contracting with a private vendor 
175.1   for the service.  The commissioner will provide information on 
175.2   public and vendor costs to the union.  The comparison must show 
175.3   that the bid of the private vendor will be at least 15 percent 
175.4   below the best available cost the state can expect to achieve if 
175.5   it provides the service.  The comparison must include in the 
175.6   cost of contracting with a private vendor the amount of the bid 
175.7   plus contract administration, monitoring, and transition costs. 
175.8      (e) The commissioner of corrections must determine that 
175.9   inmate labor is being utilized to the greatest extent feasible, 
175.10  with consideration given to the commissioner of corrections 
175.11  authority to employ all administrative, supervisory, and other 
175.12  skilled workers necessary to the proper instruction of the 
175.13  inmates and the profitable and efficient operation of the 
175.14  industrial and commercial activities authorized by section 
175.15  241.27. 
175.16     (f) The commissioner of corrections must determine that the 
175.17  private vendor provides its employees with a total compensation 
175.18  and benefit package of similar value to that provided by public 
175.19  employers to similarly situated employees. 
175.20     (g) Paragraphs (b) to (f) do not apply to minority or small 
175.21  business contractors under chapter 16B, nor to contracts for 
175.22  delivery of goods or services with a value of less than $100,000.
175.23     Subd. 2.  [BIDS.] If competitive bids must be sought under 
175.24  section 16B.07 for the contract, affected public employees must 
175.25  be given 30 days' advance notice that a contract will be 
175.26  advertised for bid and public employees must be allowed to 
175.27  participate in the bid process, notwithstanding section 16B.17.  
175.28  "Public employee" has the meaning given in section 179A.03, 
175.29  subdivision 14. 
175.30     Subd. 3.  [REPORT.] On or before January 1 of each year, 
175.31  the commissioner of corrections shall submit a written report to 
175.32  the committees of the senate and the house of representatives 
175.33  with jurisdiction over corrections policy that identifies and 
175.34  explains all affirmative contracts that were awarded in the 
175.35  preceding 12 months and all contract proposals that were 
175.36  considered and rejected.  The commissioner also will report on 
176.1   the status of the labor-management process in subdivision 1, 
176.2   paragraph (d). 
176.3      Subd. 4.  [IMMUNITY.] Any immunity available to the state 
176.4   does not apply to the private vendor.  Neither the private 
176.5   vendor nor the insurer of the private vendor may plead the 
176.6   defense of an immunity that is available to the state in any 
176.7   action arising out of the performance of the contract. 
176.8      Subd. 5.  [LIABILITY LIMITS.] Any limits on liability or 
176.9   limits on damages that may be asserted by the state do not apply 
176.10  to the private vendor, except a nonprofit entity, or the insurer 
176.11  of the private vendor. 
176.12     Subd. 6.  [CLASSIFICATION OF DATA.] When a state agency 
176.13  enters into a contract with a private vendor for the delivery of 
176.14  services at or for a correctional facility, that contract does 
176.15  not affect the availability to the public of data that is 
176.16  classified as public data while maintained by the commissioner 
176.17  of corrections, and the data shall be available from the private 
176.18  vendor as public data.  "Public data" has the meaning given in 
176.19  section 13.02, subdivision 15. 
176.20     Sec. 8.  [241.268] [INMATE EMPLOYMENT.] 
176.21     The commissioner of corrections shall not allow any 
176.22  individual committed to the commissioner's custody to 
176.23  participate in an industrial or commercial activity under 
176.24  section 241.27 or to work for a private employer, unless: 
176.25     (1) security at the place of employment is provided by the 
176.26  state; 
176.27     (2) the private employer provides its noninmate employees 
176.28  with a total compensation and benefit package that is of similar 
176.29  value to that provided by public employers to similarly situated 
176.30  employees; 
176.31     (3) the commissioner certifies in writing to the 
176.32  appropriate bargaining unit that the inmate's work will not 
176.33  result in the displacement of currently employed workers or 
176.34  workers on seasonal layoff, including partial displacement such 
176.35  as reduction in hours of nonovertime work, wages, or other 
176.36  employment benefits; and 
177.1      (4) the commissioner determines that, to the maximum extent 
177.2   possible, fixtures, equipment, and materials that are necessary 
177.3   to allow an inmate to participate in an industrial or commercial 
177.4   activity under section 241.27 or to work for a private employer 
177.5   are furnished by an entity not owned or operated by a state or 
177.6   political subdivision. 
177.7      This subdivision does not apply to those inmates seeking or 
177.8   engaged in private employment under section 241.26. 
177.9      Sec. 9.  [241.269] [RESTRICTIONS ON MANAGERIAL EMPLOYEES.] 
177.10     (a) Managerial employees of the department of corrections 
177.11  shall not: 
177.12     (1) disclose or use confidential information for the 
177.13  purpose of personal gain that the person obtained as an 
177.14  employee, either during or following employment with the 
177.15  department of corrections; or 
177.16     (2) work for a private vendor, as defined in section 
177.17  241.266, for one year following termination of the employee's 
177.18  employment with the state. 
177.19     (b) For the purposes of this subdivision, "managerial 
177.20  employees" are employees described in section 43A.18, 
177.21  subdivision 3. 
177.22     Sec. 10.  [241.272] [SENTENCE TO SERVE.] 
177.23     Whenever offenders are assigned for the purpose of work 
177.24  under agreement with a state department or agency, local unit of 
177.25  government, or other governmental subdivision, the state 
177.26  department or agency, local unit of government, or other 
177.27  government subdivision must certify in writing to the 
177.28  appropriate bargaining agent that the work performed by the 
177.29  inmates will not result in the displacement of currently 
177.30  employed workers or workers on seasonal layoff or layoff from a 
177.31  substantially equivalent position, including partial 
177.32  displacement such as reduction in hours of nonovertime work, 
177.33  wages, or other employment benefits. 
177.34     Sec. 11.  Minnesota Statutes 1996, section 241.42, 
177.35  subdivision 2, is amended to read: 
177.36     Subd. 2.  "Administrative agency" or "agency" means any 
178.1   division, official, or employee of the Minnesota department of 
178.2   corrections, the commissioner of corrections, the board of 
178.3   pardons, and ~~regional correction or detention facilities or~~ 
178.4   ~~agencies for correction or detention programs including those~~ 
178.5   ~~programs or facilities operating under chapter 401,~~ any regional 
178.6   or local correctional facility licensed or inspected by the 
178.7   commissioner of corrections, whether public or private, 
178.8   established and operated for the detention and confinement of 
178.9   adults or juveniles, including, but not limited to, programs or 
178.10  facilities operating under chapter 401, adult halfway homes, 
178.11  group foster homes, secure juvenile detention facilities, 
178.12  juvenile residential facilities, municipal holding facilities, 
178.13  juvenile temporary holdover facilities, regional or local jails, 
178.14  lockups, work houses, work farms, and detention and treatment 
178.15  facilities, but does not include: 
178.16     (a) any court or judge; 
178.17     (b) any member of the senate or house of representatives of 
178.18  the state of Minnesota; 
178.19     (c) the governor or the governor's personal staff; 
178.20     (d) any instrumentality of the federal government of the 
178.21  United States; or 
178.22     (e) ~~any political subdivision of the state of Minnesota;~~ 
178.23     ~~(f)~~ any interstate compact. 
178.24     Sec. 12.  Minnesota Statutes 1996, section 241.44, 
178.25  subdivision 1, is amended to read: 
178.26     Subdivision 1.  [POWERS.] The ombudsman may: 
178.27     (a) prescribe the methods by which complaints are to be 
178.28  made, reviewed, and acted upon; provided, however, that the 
178.29  ombudsman may not levy a complaint fee; 
178.30     (b) determine the scope and manner of investigations to be 
178.31  made; 
178.32     (c) Except as otherwise provided, determine the form, 
178.33  frequency, and distribution of conclusions, recommendations, and 
178.34  proposals; provided, however, that the governor or a 
178.35  representative may, at any time the governor deems it necessary, 
178.36  request and receive information from the ombudsman.  Neither the 
179.1   ombudsman nor any member of the ombudsman's staff ~~member~~ shall 
179.2   be compelled to testify or to produce evidence in any ~~court~~ 
179.3   judicial or administrative proceeding with respect to any matter 
179.4   involving the exercise of the ombudsman's official duties except 
179.5   as may be necessary to enforce the provisions of sections 241.41 
179.6   to 241.45; 
179.7      (d) investigate, upon a complaint or upon personal 
179.8   initiative, any action of an administrative agency; 
179.9      (e) request and shall be given access to information in the 
179.10  possession of an administrative agency deemed necessary for the 
179.11  discharge of responsibilities; 
179.12     (f) examine the records and documents of an administrative 
179.13  agency; 
179.14     (g) enter and inspect, at any time, premises within the 
179.15  control of an administrative agency; 
179.16     (h) subpoena any person to appear, give testimony, or 
179.17  produce documentary or other evidence which the ombudsman deems 
179.18  relevant to a matter under inquiry, and may petition the 
179.19  appropriate state court to seek enforcement with the subpoena; 
179.20  provided, however, that any witness at a hearing or before an 
179.21  investigation as herein provided, shall possess the same 
179.22  privileges reserved to such a witness in the courts or under the 
179.23  laws of this state; 
179.24     (i) bring an action in an appropriate state court to 
179.25  provide the operation of the powers provided in this 
179.26  subdivision.  The ombudsman may use the services of legal 
179.27  assistance to Minnesota prisoners for legal counsel.  The 
179.28  provisions of sections 241.41 to 241.45 are in addition to other 
179.29  provisions of law under which any remedy or right of appeal or 
179.30  objection is provided for any person, or any procedure provided 
179.31  for inquiry or investigation concerning any matter. Nothing in 
179.32  sections 241.41 to 241.45 shall be construed to limit or affect 
179.33  any other remedy or right of appeal or objection nor shall it be 
179.34  deemed part of an exclusionary process; and 
179.35     (j) be present at commissioner of corrections parole and 
179.36  parole revocation hearings and deliberations. 
180.1      Sec. 13.  Minnesota Statutes 1996, section 241.44, is 
180.2   amended by adding a subdivision to read: 
180.3      Subd. 3a.  [INVESTIGATION OF ADULT LOCAL JAILS AND 
180.4   DETENTION FACILITIES.] Either the ombudsman or the department of 
180.5   corrections' jail inspection unit may investigate complaints 
180.6   involving local adult jails and detention facilities.  The 
180.7   ombudsman and department of corrections must enter into an 
180.8   arrangement with one another that ensures that they are not 
180.9   duplicating each other's services. 
180.10     Sec. 14.  Minnesota Statutes 1996, section 242.19, 
180.11  subdivision 3, is amended to read: 
180.12     Subd. 3.  [RETAKING ABSCONDING AND OTHER PERSON.] The 
180.13  written order of the commissioner of corrections is authority to 
180.14  any peace officer or parole or probation officer to take and 
180.15  detain any child committed to the commissioner of corrections by 
180.16  a juvenile court who absconds from field supervision or escapes 
180.17  from confinement, or is awaiting further order of the 
180.18  commissioner.  ~~However, if the child has attained the age of 18~~ 
180.19  ~~years, the commissioner shall issue a warrant directed to any~~ 
180.20  ~~peace officer or parole or probation officer requiring that the~~ 
180.21  ~~fugitive be taken into immediate custody to await the further~~ 
180.22  ~~order of the commissioner.~~  Any person of the age of 18 years or 
180.23  older who is taken into custody under the provisions of this 
180.24  subdivision may be detained as provided in section 260.173, 
180.25  subdivision 4. 
180.26     Sec. 15.  [243.055] [COMPUTER RESTRICTIONS.] 
180.27     Subdivision 1.  [RESTRICTIONS TO USE OF ON-LINE 
180.28  SERVICES.] If the commissioner believes a significant risk 
180.29  exists that a parolee, state-supervised probationer, or 
180.30  individual on supervised release may use an Internet service or 
180.31  on-line service to engage in criminal activity or to associate 
180.32  with individuals who are likely to encourage the individual to 
180.33  engage in criminal activity, the commissioner may impose one or 
180.34  more of the following conditions: 
180.35     (1) prohibit the individual from possessing or using a 
180.36  computer with access to an Internet service or on-line service 
181.1   without the prior written approval of the commissioner; 
181.2      (2) prohibit the individual from possessing or using any 
181.3   data encryption technique or program; 
181.4      (3) require the individual to consent to periodic 
181.5   unannounced examinations of the individual's computer equipment 
181.6   by a parole or probation agent, including the retrieval and 
181.7   copying of all data from the computer and any internal or 
181.8   external peripherals and removal of such equipment to conduct a 
181.9   more thorough inspection; 
181.10     (4) require consent of the individual to have installed on 
181.11  the individual's computer, at the individual's expense, one or 
181.12  more hardware or software systems to monitor computer use; and 
181.13     (5) any other restrictions the commissioner deems necessary.
181.14     Subd. 2.  [RESTRICTIONS ON COMPUTER USE.] If the 
181.15  commissioner believes a significant risk exists that a parolee, 
181.16  state-supervised probationer, or individual on supervised 
181.17  release may use a computer to engage in criminal activity or to 
181.18  associate with individuals who are likely to encourage the 
181.19  individual to engage in criminal activity, the commissioner may 
181.20  impose one or more of the following restrictions: 
181.21     (1) prohibit the individual from accessing through a 
181.22  computer any material, information, or data that relates to the 
181.23  activity involved in the offense for which the individual is on 
181.24  probation, parole, or supervised release; 
181.25     (2) require the individual to maintain a daily log of all 
181.26  addresses the individual accesses through computer other than 
181.27  for authorized employment and to make this log available to the 
181.28  individual's parole or probation agent; 
181.29     (3) provide all personal and business telephone records to 
181.30  the individual's parole or probation agent upon request, 
181.31  including written authorization allowing the agent to request a 
181.32  record of all of the individual's outgoing and incoming 
181.33  telephone calls from any telephone service provider; 
181.34     (4) prohibit the individual from possessing or using a 
181.35  computer that contains an internal modem and from possessing or 
181.36  using an external modem without the prior written consent of the 
182.1   commissioner; 
182.2      (5) prohibit the individual from possessing or using any 
182.3   computer, except that the individual may, with the prior 
182.4   approval of the individual's parole or probation agent, use a 
182.5   computer in connection with authorized employment; 
182.6      (6) require the individual to consent to disclosure of the 
182.7   computer-related restrictions that the commissioner has imposed 
182.8   to any employer or potential employer; and 
182.9      (7) any other restrictions the commissioner deems necessary.
182.10     Subd. 3.  [LIMITS ON RESTRICTION.] In imposing 
182.11  restrictions, the commissioner shall take into account that 
182.12  computers are used for numerous, legitimate purposes and that, 
182.13  in imposing restrictions, the least restrictive condition 
182.14  appropriate to the individual shall be used. 
182.15     Sec. 16.  [243.161] [RESIDING IN MINNESOTA WITHOUT 
182.16  PERMISSION UNDER INTERSTATE COMPACT; PENALTY.] 
182.17     Any person who is on parole or probation in another state 
182.18  who resides in this state in violation of section 243.16, may be 
182.19  sentenced to imprisonment for not more than five years or to 
182.20  payment of a fine of not more than $10,000, or both. 
182.21     Sec. 17.  [243.556] [RESTRICTIONS ON INMATES' COMPUTER 
182.22  ACCESS.] 
182.23     Subdivision 1.  [RESTRICTIONS TO USE OF ON-LINE 
182.24  SERVICES.] No adult inmate in a state correctional facility may 
182.25  use or have access to any Internet service or on-line service, 
182.26  except for work, educational, and vocational purposes approved 
182.27  by the commissioner or the commissioner's designee. 
182.28     Subd. 2.  [RESTRICTIONS ON COMPUTER USE.] The commissioner 
182.29  shall restrict inmates' computer use to legitimate educational 
182.30  and vocational purposes.  
182.31     Subd. 3.  [MONITORING OF COMPUTER USE.] The commissioner 
182.32  shall monitor all computer use by inmates and perform regular 
182.33  inspections of computer equipment. 
182.34     Sec. 18.  [244.20] [PROBATION SUPERVISION OF FELONS.] 
182.35     Notwithstanding sections 260.311, subdivision 1, and 
182.36  609.135, subdivision 1, the department of corrections shall have 
183.1   exclusive responsibility for providing probation services for 
183.2   adult felons in counties that do not take part in the Community 
183.3   Corrections Act.  In counties that do not take part in the 
183.4   Community Corrections Act, the responsibility for providing 
183.5   probation services for individuals convicted of gross 
183.6   misdemeanor offenses shall be discharged according to local 
183.7   judicial policy. 
183.8      Sec. 19.  [244.21] [COLLECTION OF INFORMATION ON OFFENDERS; 
183.9   REPORTS REQUIRED.] 
183.10     Subdivision 1.  [COLLECTION OF INFORMATION BY PROBATION 
183.11  SERVICE PROVIDERS; REPORT REQUIRED.] By January 1, 1998, 
183.12  probation service providers shall begin collecting and 
183.13  maintaining information on offenders under supervision.  The 
183.14  commissioner of corrections shall specify the nature and extent 
183.15  of the information to be collected.  By April 1 of every year, 
183.16  each probation service provider shall report a summary of the 
183.17  information collected to the commissioner. 
183.18     Subd. 2.  [COMMISSIONER OF CORRECTIONS REPORT.] By January 
183.19  15, 1998, the commissioner of corrections shall report to the 
183.20  chairs of the senate crime prevention and house of 
183.21  representatives judiciary committees on recommended methods of 
183.22  coordinating the exchange of information collected on offenders 
183.23  under subdivision 1:  (1) between probation service providers; 
183.24  and (2) between probation service providers and the department 
183.25  of corrections, without requiring service providers to acquire 
183.26  uniform computer software. 
183.27     Sec. 20.  [244.22] [REVIEW OF PLANNED EXPENDITURES OF 
183.28  PROBATION SERVICE PROVIDERS; DISTRIBUTION OF MONEY TO MULTIPLE 
183.29  PROBATION SERVICE PROVIDERS WITHIN A SINGLE COUNTY.] 
183.30     (a) The commissioner of corrections shall review the 
183.31  planned expenditures of probation service providers before 
183.32  allocating probation caseload reduction grants appropriated by 
183.33  the legislature.  The review must determine whether the planned 
183.34  expenditures comply with applicable law. 
183.35     (b) In counties where probation services are provided by 
183.36  both county and department of corrections employees, a 
184.1   collaborative plan addressing the local needs shall be 
184.2   developed.  The commissioner of corrections shall specify the 
184.3   manner in which probation caseload reduction grant money shall 
184.4   be distributed between the providers according to the approved 
184.5   plan. 
184.6      Sec. 21.  [244.24] [CLASSIFICATION SYSTEM FOR ADULT 
184.7   OFFENDERS.] 
184.8      By February 1, 1998, all probation agencies shall adopt 
184.9   written policies for classifying adult offenders.  The 
184.10  commissioner of corrections shall assist probation agencies in 
184.11  locating organizations that may provide training and technical 
184.12  assistance to the agencies concerning methods to develop and 
184.13  implement effective, valid classification systems. 
184.14     Sec. 22.  Minnesota Statutes 1996, section 260.1735, is 
184.15  amended to read: 
184.16     260.1735 [EXTENSION OF DETENTION PERIOD.] 
184.17     Subdivision 1.  [DETENTION.] Before July 1, ~~1997~~ 1999, and 
184.18  pursuant to a request from an eight-day temporary holdover 
184.19  facility, as defined in section 241.0221, the commissioner of 
184.20  corrections, or the commissioner's designee, may grant a 
184.21  one-time extension per child to the eight-day limit on detention 
184.22  under this chapter.  This extension may allow such a facility to 
184.23  detain a child for up to 30 days including weekends and 
184.24  holidays.  Upon the expiration of the extension, the child may 
184.25  not be transferred to another eight-day temporary holdover 
184.26  facility.  The commissioner shall develop criteria for granting 
184.27  extensions under this section.  These criteria must ensure that 
184.28  the child be transferred to a long-term juvenile detention 
184.29  facility as soon as such a transfer is possible.  Nothing in 
184.30  this section changes the requirements in section 260.172 
184.31  regarding the necessity of detention hearings to determine 
184.32  whether continued detention of the child is proper. 
184.33     Subd. 2.  [CONTINUED DETENTION.] (a) A delay not to exceed 
184.34  48 hours may be made if the facility in which the child is 
184.35  detained is located where conditions of distance to be traveled 
184.36  or other ground transportation do not allow for court 
185.1   appearances within 24 hours. 
185.2      (b) A delay may be made if the facility is located where 
185.3   conditions of safety exist.  Time for an appearance may be 
185.4   delayed until 24 hours after the time that conditions allow for 
185.5   reasonably safe travel.  "Conditions of safety" include adverse 
185.6   life-threatening weather conditions that do not allow for 
185.7   reasonably safe travel. 
185.8      The continued detention of a child under paragraph (a) or 
185.9   (b) must be reported to the commissioner of corrections. 
185.10     Sec. 23.  Minnesota Statutes 1996, section 260.311, 
185.11  subdivision 1, is amended to read: 
185.12     Subdivision 1.  [APPOINTMENT; JOINT SERVICES; STATE 
185.13  SERVICES.] (a) If a county or group of counties has established 
185.14  a human services board pursuant to chapter 402, the district 
185.15  court may appoint one or more county probation officers as 
185.16  necessary to perform court services, and the human services 
185.17  board shall appoint persons as necessary to provide correctional 
185.18  services within the authority granted in chapter 402.  In all 
185.19  counties of more than 200,000 population, which have not 
185.20  organized pursuant to chapter 402, the district court shall 
185.21  appoint one or more persons of good character to serve as county 
185.22  probation officers during the pleasure of the court.  All other 
185.23  counties shall provide adult misdemeanant and juvenile probation 
185.24  services to district courts in one of the following ways: 
185.25     (1) the court, with the approval of the county boards, may 
185.26  appoint one or more salaried county probation officers to serve 
185.27  during the pleasure of the court; 
185.28     (2) when two or more counties offer probation services the 
185.29  district court through the county boards may appoint common 
185.30  salaried county probation officers to serve in the several 
185.31  counties; 
185.32     (3) a county or a district court may request the 
185.33  commissioner of corrections to furnish probation services in 
185.34  accordance with the provisions of this section, and the 
185.35  commissioner of corrections shall furnish such services to any 
185.36  county or court that fails to provide its own probation officer 
186.1   by one of the two procedures listed above; 
186.2      (4) if a county or district court providing probation 
186.3   services under clause (1) or (2) asks the commissioner of 
186.4   corrections or the legislative body for the state of Minnesota 
186.5   mandates the commissioner of corrections to furnish probation 
186.6   services to the district court, the probation officers and other 
186.7   employees displaced by the changeover shall be employed by the 
186.8   commissioner of corrections.  Years of service in the county 
186.9   probation department are to be given full credit for future sick 
186.10  leave and vacation accrual purposes; 
186.11     (5) all probation officers serving the juvenile courts on 
186.12  July 1, 1972, shall continue to serve in the county or counties 
186.13  they are now serving. 
186.14     (b) The commissioner of employee relations shall place 
186.15  employees transferred to state service under paragraph (a), 
186.16  clause (4), in the proper classifications in the classified 
186.17  service.  Each employee is appointed without examination at no 
186.18  loss in salary or accrued vacation or sick leave benefits, but 
186.19  no additional accrual of vacation or sick leave benefits may 
186.20  occur until the employee's total accrued vacation or sick leave 
186.21  benefits fall below the maximum permitted by the state for the 
186.22  employee's position.  An employee appointed under paragraph (a), 
186.23  clause (4), shall serve a probationary period of six months.  
186.24  After exhausting labor contract remedies, a noncertified 
186.25  employee may appeal for a hearing within ten days to the 
186.26  commissioner of employee relations, who may uphold the decision, 
186.27  extend the probation period, or certify the employee.  The 
186.28  decision of the commissioner of employee relations is final.  
186.29  The state shall negotiate with the exclusive representative for 
186.30  the bargaining unit to which the employees are transferred 
186.31  regarding their seniority.  For purposes of computing seniority 
186.32  among those employees transferring from one county unit only, a 
186.33  transferred employee retains the same seniority position as the 
186.34  employee had within that county's probation office. 
186.35     Sec. 24.  Minnesota Statutes 1996, section 609.02, is 
186.36  amended by adding a subdivision to read: 
187.1      Subd. 15.  [PROBATION.] "Probation" means a court-ordered 
187.2   sanction imposed upon an offender for a period of supervision no 
187.3   greater than that set by statute.  It is imposed as an 
187.4   alternative to confinement or in conjunction with confinement or 
187.5   intermediate sanctions.  The purpose of probation is to deter 
187.6   further criminal behavior, punish the offender, help provide 
187.7   reparation to crime victims and their communities, and provide 
187.8   offenders with opportunities for rehabilitation. 
187.9      Sec. 25.  Minnesota Statutes 1996, section 609.15, 
187.10  subdivision 1, is amended to read: 
187.11     Subdivision 1.  [CONCURRENT, CONSECUTIVE SENTENCES; 
187.12  SPECIFICATION REQUIREMENT.] (a) Except as provided in paragraph 
187.13  (b), when separate sentences of imprisonment are imposed on a 
187.14  defendant for two or more crimes, whether charged in a single 
187.15  indictment or information or separately, or when a person who is 
187.16  under sentence of imprisonment in this state is being sentenced 
187.17  to imprisonment for another crime committed prior to or while 
187.18  subject to such former sentence, the court in the later 
187.19  sentences shall specify whether the sentences shall run 
187.20  concurrently or consecutively.  If the court does not so 
187.21  specify, the sentences shall run concurrently.  
187.22     (b) An inmate of a state prison who is convicted of 
187.23  committing an assault within the correctional facility is 
187.24  subject to the consecutive sentencing provisions of section 
187.25  609.2232. 
187.26     Sec. 26.  Minnesota Statutes 1996, section 609.2231, is 
187.27  amended by adding a subdivision to read: 
187.28     Subd. 8.  [DEFINITION.] As used in this section, 
187.29  "demonstrable bodily harm" includes: 
187.30     (1) bodily harm capable of being observed by a person other 
187.31  than the victim; and 
187.32     (2) a transfer of an infectious agent for a communicable 
187.33  disease in violation of section 609.2241. 
187.34     Sec. 27.  [609.2232] [CONSECUTIVE SENTENCES FOR ASSAULTS 
187.35  COMMITTED BY STATE PRISON INMATES.] 
187.36     If an inmate of a state correctional facility is convicted 
188.1   of violating section 609.221, 609.222, 609.223, 609.2231, or 
188.2   609.224, while confined in the facility, the sentence imposed 
188.3   for the assault shall be executed and run consecutively to any 
188.4   unexpired portion of the offender's earlier sentence.  The 
188.5   inmate is not entitled to credit against the sentence imposed 
188.6   for the assault for time served in confinement for the earlier 
188.7   sentence.  The inmate shall serve the sentence for the assault 
188.8   in a state correctional facility even if the assault conviction 
188.9   was for a misdemeanor or gross misdemeanor. 
188.10     Sec. 28.  [PROBATION OUTCOME MEASUREMENT WORK GROUP.] 
188.11     Subdivision 1.  [WORK GROUP ESTABLISHED; PURPOSE.] The 
188.12  commissioner of corrections shall establish a work group to 
188.13  develop uniform statewide probation outcome measures.  The 
188.14  outcome measures must focus primarily on adult offenders but, to 
188.15  the extent possible, may also address juvenile offenders.  The 
188.16  work group shall develop definitions that may be used by all 
188.17  state and local probation service providers to report outcome 
188.18  information for probation services.  The work group shall 
188.19  recommend a method by which probation service providers may 
188.20  measure and report recidivism of adult felons in a uniform 
188.21  manner. 
188.22     Subd. 2.  [MEMBERSHIP.] The commissioner of corrections 
188.23  shall appoint individuals who have demonstrated experience in 
188.24  the probation field to serve as members of the work group.  The 
188.25  commissioner shall ensure that community corrections act 
188.26  counties and noncommunity corrections act counties are equally 
188.27  represented on the work group.  The commissioner, or the 
188.28  commissioner's designee, shall serve on the work group and act 
188.29  as its chair. 
188.30     Subd. 3.  [REVIEW OF OUTCOME MEASURES.] By November 1, 
188.31  1997, the work group shall submit its recommendations on outcome 
188.32  measures to the criminal and juvenile justice information policy 
188.33  group for review. 
188.34     Subd. 4.  [REPORT REQUIRED.] The work group shall report 
188.35  its findings and recommendations to the chairs of the senate and 
188.36  house of representatives committees having jurisdiction over 
189.1   criminal justice policies by January 15, 1998.  The report must 
189.2   indicate what comments or modifications, if any, were made or 
189.3   suggested by the criminal and juvenile justice information 
189.4   policy group and whether the work group altered its 
189.5   recommendations because of this. 
189.6      Sec. 29.  [DEPARTMENT OF CORRECTIONS BIENNIAL PERFORMANCE 
189.7   REPORT.] 
189.8      The department of corrections must include in its agency 
189.9   performance report for the year 2000 a summary of statewide 
189.10  information on the reoffense rates of adult felons on probation. 
189.11     Sec. 30.  [RUSH CITY CLOSE CUSTODY FACILITY.] 
189.12     The commissioner of corrections must meet and confer with 
189.13  the exclusive bargaining representatives of employees for the 
189.14  purpose of continuing to reduce the projected per diem rates for 
189.15  the proposed Rush City close custody facility.  The commissioner 
189.16  and exclusive representatives must consider, at a minimum, the 
189.17  following:  management and supervisory levels, staffing 
189.18  schedules and other staff issues, inmate programming, and other 
189.19  matters that impact costs.  By February 15, 1998, the 
189.20  commissioner and exclusive bargaining representatives must 
189.21  provide a report to the chairs of the house judiciary committee 
189.22  and senate crime prevention committee. 
189.23     Sec. 31.  [INSTRUCTION TO REVISOR.] 
189.24     The revisor of statutes shall renumber Minnesota Statutes, 
189.25  section 260.311, as 244.19.  The revisor shall also make 
189.26  necessary cross-reference changes consistent with the 
189.27  renumbering. 
189.28     Sec. 32.  [EFFECTIVE DATE.] 
189.29     Sections 16 and 25 to 27 are effective August 1, 1997, and 
189.30  apply to crimes committed on or after that date.  Section 19 is 
189.31  effective January 1, 1998.  Sections 8 to 10, 18, 20, 21, 23, 
189.32  24, 28, and 30 are effective the day following final enactment.  
189.33  Sections 6 and 7 are effective October 1, 1997. 
189.34                             ARTICLE 10 
189.35                      MISCELLANEOUS PROVISIONS
189.36     Section 1.  Minnesota Statutes 1996, section 363.073, 
190.1   subdivision 1, is amended to read: 
190.2      Subdivision 1.  [SCOPE OF APPLICATION.] No department or 
190.3   agency of the state shall accept any bid or proposal for a 
190.4   contract or agreement ~~or~~ unless the firm or business has an 
190.5   affirmative action plan submitted to the commissioner of human 
190.6   rights for approval.  No department or agency of the state shall 
190.7   execute any contract or agreement for goods or services in 
190.8   excess of $50,000 with any business having more than 20 
190.9   full-time employees on a single working day during the previous 
190.10  12 months, unless the firm or business has an affirmative action 
190.11  plan for the employment of minority persons, women, and the 
190.12  disabled that has been approved by the commissioner of human 
190.13  rights.  Receipt of a certificate of compliance issued by the 
190.14  commissioner shall signify that a firm or business has an 
190.15  affirmative action plan that has been approved by the 
190.16  commissioner.  A certificate shall be valid for a period of two 
190.17  years.  A municipality as defined in section 466.01, subdivision 
190.18  1, that receives state money for any reason is encouraged to 
190.19  prepare and implement an affirmative action plan for the 
190.20  employment of minority persons, women, and the disabled and 
190.21  submit the plan to the commissioner of human rights. 
190.22     Sec. 2.  Minnesota Statutes 1996, section 504.181, 
190.23  subdivision 1, is amended to read: 
190.24     504.181 [COVENANT OF LESSOR AND LESSEE NOT TO ALLOW ~~DRUGS~~ 
190.25  UNLAWFUL ACTIVITIES.] 
190.26     Subdivision 1.  [~~COVENANT NOT TO ALLOW DRUGS~~ TERMS OF 
190.27  COVENANT.] In every lease or license of residential premises, 
190.28  whether in writing or parol, the lessor or licensor and the 
190.29  lessee or licensee ~~covenants~~ covenant that: 
190.30     (1)  ~~the lessee or licensee~~ neither will ~~not~~: 
190.31     (i) unlawfully allow controlled substances in those 
190.32  premises or in the common area and curtilage of the premises; 
190.33     (ii) allow prostitution or prostitution-related activity as 
190.34  defined in section 617.80, subdivision 4, to occur on the 
190.35  premises or in the common area and curtilage of the premises; or 
190.36     (iii) allow the unlawful use or possession of a firearm in 
191.1   violation of section 609.66, subdivision 1a, 609.67, or 624.713, 
191.2   on the premises or in the common area and curtilage of the 
191.3   premises; and 
191.4      (2) the common area and curtilage of the premises will not 
191.5   be used by either the lessor or licensor or the lessee or 
191.6   licensee or others acting under the ~~lessee's or licensee's~~ 
191.7   control of either to manufacture, sell, give away, barter, 
191.8   deliver, exchange, distribute, purchase, or possess a controlled 
191.9   substance in violation of any criminal provision of chapter 152. 
191.10     The covenant is not violated when a person other than the 
191.11  lessor or licensor or the lessee or licensee possesses or allows 
191.12  controlled substances in the premises, common area, or 
191.13  curtilage, unless the lessor or licensor or the lessee or 
191.14  licensee knew or had reason to know of that activity.  
191.15     Sec. 3.  Minnesota Statutes 1996, section 566.05, is 
191.16  amended to read: 
191.17     566.05 [COMPLAINT AND SUMMONS.] 
191.18     (a) The person complaining shall file a complaint with the 
191.19  court, stating the full name and date of birth of the person 
191.20  against whom the complaint is made, unless it is not known, 
191.21  describing the premises of which possession is claimed, stating 
191.22  the facts which authorize the recovery, and praying for 
191.23  restitution thereof.  The lack of the full name and date of 
191.24  birth of the person against whom the complaint is made does not 
191.25  deprive the court of jurisdiction or make the complaint invalid. 
191.26  The court shall issue a summons, commanding the person against 
191.27  whom the complaint is made to appear before the court on a day 
191.28  and at a place stated in the summons.  The appearance shall be 
191.29  not less than seven nor more than 14 days from the day of 
191.30  issuing the summons~~.  In scheduling appearances under this~~ 
191.31  ~~section, the court shall give priority to any unlawful detainer~~ 
191.32  ~~brought under section 504.181, or on the basis that the tenant~~ 
191.33  ~~is causing a nuisance or seriously endangers the safety of other~~ 
191.34  ~~residents, their property, or the landlord's property~~, except as 
191.35  provided by paragraph (b).  A copy of the complaint shall be 
191.36  attached to the summons, which shall state that the copy is 
192.1   attached and that the original has been filed. 
192.2      (b) In an unlawful detainer action brought under section 
192.3   504.181 or on the basis that the tenant is causing a nuisance or 
192.4   other illegal behavior that seriously endangers the safety of 
192.5   other residents, their property, or the landlord's property, the 
192.6   person filing the complaint shall file an affidavit stating 
192.7   specific facts and instances in support of why an expedited 
192.8   hearing is required.  The complaint and affidavit shall be 
192.9   reviewed by a referee or judge and scheduled for an expedited 
192.10  hearing only if sufficient supporting facts are stated and they 
192.11  meet the requirements of this paragraph.  The appearance in an 
192.12  expedited hearing shall be not less than five days nor more than 
192.13  seven days from the date the summons is issued.  The summons, in 
192.14  an expedited hearing, shall be served upon the tenant within 24 
192.15  hours of issuance unless the court orders otherwise for good 
192.16  cause shown.  If the court determines that the person seeking an 
192.17  expedited hearing did so without sufficient basis under the 
192.18  requirements of this paragraph, the court shall impose a civil 
192.19  penalty of up to $500 for abuse of the expedited hearing process.
192.20     Sec. 4.  Minnesota Statutes 1996, section 566.18, 
192.21  subdivision 6, is amended to read: 
192.22     Subd. 6.  [VIOLATION.] "Violation" means: 
192.23     (a) a violation of any state, county or city health, 
192.24  safety, housing, building, fire prevention, or housing 
192.25  maintenance code applicable to the building; 
192.26     (b) a violation of any of the covenants set forth in 
192.27  section 504.18, subdivision 1, clauses (a) or (b), or in section 
192.28  504.181, subdivision 1; 
192.29     (c) a violation of an oral or written agreement, lease or 
192.30  contract for the rental of a dwelling in a building.  
192.31     Sec. 5.  Minnesota Statutes 1996, section 611.27, 
192.32  subdivision 4, is amended to read: 
192.33     Subd. 4.  [COUNTY PORTION OF COSTS.] That portion of 
192.34  subdivision 1 directing counties to pay the costs of public 
192.35  defense service shall not be in effect between January 1, 1995, 
192.36  and July 1, ~~1997~~ 1999.  This subdivision only relates to costs 
193.1   associated with felony, gross misdemeanor, juvenile, and 
193.2   misdemeanor public defense services.  Notwithstanding the 
193.3   provisions of this subdivision, in the first, fifth, seventh, 
193.4   ninth, and tenth judicial districts, the cost of juvenile and 
193.5   misdemeanor public defense services for cases opened prior to 
193.6   January 1, 1995, shall remain the responsibility of the 
193.7   respective counties in those districts, even though the cost of 
193.8   these services may occur after January 1, 1995. 
193.9      Sec. 6.  Minnesota Statutes 1996, section 611.27, is 
193.10  amended by adding a subdivision to read: 
193.11     Subd. 15.  [COSTS OF TRANSCRIPTS.] In appeal cases and 
193.12  postconviction cases where the state public defender's office 
193.13  does not have sufficient funds to pay for transcripts and other 
193.14  necessary expenses because it has spent or committed all of the 
193.15  transcript funds in its annual budget, the state public defender 
193.16  may forward to the commissioner of finance all billings for 
193.17  transcripts and other necessary expenses.  The commissioner 
193.18  shall pay for these transcripts and other necessary expenses 
193.19  from county criminal justice aid retained by the commissioner of 
193.20  revenue under section 477A.0121, subdivision 4. 
193.21     Sec. 7.  Minnesota Statutes 1996, section 617.82, is 
193.22  amended to read: 
193.23     617.82 [AGREED ABATEMENT PLANS; TEMPORARY ORDER.] 
193.24     (a) If the recipient of a notice under section 617.81, 
193.25  subdivision 4, either abates the conduct constituting a nuisance 
193.26  or enters into an agreed abatement plan within 30 days of 
193.27  service of the notice, and complies with the agreement within 
193.28  the stipulated time period, the prosecuting attorney may not 
193.29  file a nuisance action on the specified property regarding the 
193.30  nuisance activity described in the notice. 
193.31     (b) If the recipient fails to comply with the agreed 
193.32  abatement plan, the prosecuting attorney may initiate a 
193.33  complaint for relief in the district court consistent with 
193.34  paragraph (c). 
193.35     (c) Whenever a prosecuting attorney has cause to believe 
193.36  that a nuisance described in section 617.81, subdivision 2, 
194.1   exists within the jurisdiction the attorney serves, the 
194.2   prosecuting attorney may by verified petition seek a temporary 
194.3   injunction in district court in the county in which the alleged 
194.4   public nuisance exists, provided that at least 30 days have 
194.5   expired since service of the notice required under section 
194.6   617.81, subdivision 4.  No temporary injunction may be issued 
194.7   without a prior show cause notice of hearing to the respondents 
194.8   named in the petition and an opportunity for the respondents to 
194.9   be heard.  Upon proof of a nuisance described in section 617.81, 
194.10  subdivision 2, the court shall issue a temporary injunction.  
194.11  Any temporary injunction issued must describe the conduct to be 
194.12  enjoined. 
194.13     Sec. 8.  Minnesota Statutes 1996, section 617.85, is 
194.14  amended to read: 
194.15     617.85 [NUISANCE; MOTION TO CANCEL LEASE.] 
194.16     Where notice is provided under section 617.81, subdivision 
194.17  4, that an abatement of a nuisance is sought and the 
194.18  circumstances that are the basis for the requested abatement 
194.19  involved the acts of a commercial or residential tenant or 
194.20  lessee of part or all of a building, the owner of the building 
194.21  that is subject to the abatement proceeding may file before the 
194.22  court that has jurisdiction over the abatement proceeding a 
194.23  motion to cancel the lease or otherwise secure restitution of 
194.24  the premises from the tenant or lessee who has maintained or 
194.25  conducted the nuisance.  The owner may assign to the prosecuting 
194.26  attorney the right to file this motion.  In addition to the 
194.27  grounds provided in chapter 566, the maintaining or conducting 
194.28  of a nuisance as defined in section 617.81, subdivision 2, by a 
194.29  tenant or lessee, is an additional ground authorized by law for 
194.30  seeking the cancellation of a lease or the restitution of the 
194.31  premises.  Service of motion brought under this section must be 
194.32  served in a manner that is sufficient under Rule 3 of the Rules 
194.33  of Civil Procedure and chapter 566. 
194.34     It is no defense to a motion under this section by the 
194.35  owner or the prosecuting attorney that the lease or other 
194.36  agreement controlling the tenancy or leasehold does not provide 
195.1   for eviction or cancellation of the lease upon the ground 
195.2   provided in this section. 
195.3      Upon a finding by the court that the tenant or lessee has 
195.4   maintained or conducted a nuisance in any portion of the 
195.5   building, the court shall order cancellation of the lease or 
195.6   tenancy and grant restitution of the premises to the owner.  The 
195.7   court must not order abatement of the premises if the court:  
195.8      (a) cancels a lease or tenancy and grants restitution of 
195.9   that portion of the premises to the owner; and 
195.10     (b) further finds that the acts constituting the nuisance 
195.11  as defined in section 617.81, subdivision 2, were committed by 
195.12  the tenant or lessee whose lease or tenancy has been canceled 
195.13  pursuant to this section and the tenant or lessee was not 
195.14  committing the acts in conjunction with or under the control of 
195.15  the owner.