Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                        CHAPTER 262--H.F.No. 218
           An act relating to crimes; expanding the rights of 
          victims of crime; establishing the right of a victim 
          to request restitution; providing for implementation 
          of victim and witness rights by law; providing penal 
          sanctions and judicial mechanisms to deter 
          intimidation of witnesses; requiring development of a 
          plan for notifying crime victims about available 
          financial assistance and social services; providing 
          for victim participation in the criminal process; 
          providing penalties; amending Minnesota Statutes 1982, 
          sections 241.26, subdivision 5; 243.23, subdivision 3; 
          609.115, subdivision 1, and by adding subdivisions; 
          609.498; and 631.425, subdivision 5; proposing new law 
          coded as Minnesota Statutes, chapter 611A. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                               ARTICLE 1 

                      RIGHTS OF VICTIMS OF CRIMES 

                             GENERAL RIGHTS 
    Section 1.  [611A.01] [DEFINITIONS.] 
    For the purposes of sections 1 to 5:  
    (a) "Crime" means conduct that is included within the 
definition of "crime" in section 609.02, subdivision 1, or would 
be included within that definition but for the fact that (i) the 
person engaging in the conduct lacked capacity to commit the 
crime under the laws of this state, or (ii) the act was alleged 
or found to have been committed by a juvenile;  
    (b) "Victim" means a natural person who incurs loss or harm 
as a result of a crime.  If the victim is deceased, "victim" 
means the deceased's surviving spouse or next of kin; and 
    (c) "Juvenile" has the same meaning as given to the term 
"child" in section 260.015, subdivision 2.  
    Sec. 2.  [611A.02] [VICTIM SERVICE NOTIFICATION.] 
    The commissioner of corrections, in cooperation with the 
executive director of the crime victims reparations board, shall 
develop a plan to provide victims with information concerning 
victim services in the geographic area where the crime 
occurred.  This information shall include, but need not be 
limited to, information about available victim crisis centers, 
programs for victims of sexual assault, victim witness programs, 
elderly victims projects, victim assistance hotlines, incest 
abuse programs, and domestic violence shelters and programs.  
    The plan shall take into account the fact that some 
counties currently have informational service systems and victim 
or witness services or programs.  
    This plan shall be presented to the appropriate standing 
committees of the legislature no later than February 1, 1984.  
    Sec. 3.  [611A.03] [PLEA AGREEMENTS; NOTIFICATION.] 
    Subdivision 1.  [PLEA AGREEMENTS; NOTIFICATION OF VICTIM.] 
Prior to the entry of the factual basis for a plea pursuant to a 
plea agreement recommendation, a prosecuting attorney shall make 
a reasonable and good faith effort to inform the victim of:  
    (a) The contents of the plea agreement recommendation; and 
    (b) His right to be present at the sentencing hearing and 
to express in writing any objection he has to the agreement or 
to the proposed disposition.  If the victim is not present when 
the court considers the recommendation, but has communicated his 
objections to the prosecuting attorney, the prosecuting attorney 
shall make these objections known to the court.  
    Subd. 2.  [NOTIFICATION DUTIES.] A prosecuting attorney 
satisfies the requirements of subdivision 1 by notifying:  
    (a) The victim's legal guardian or guardian ad litem; or 
    (b) The three victims the prosecuting attorney believes to 
have suffered the most, if there are more than three victims of 
the offense.  
     Subd. 3.  [APPLICABILITY.] The provisions of this section 
apply to crimes which are violations of sections 609.185, 
609.19, 609.195, 609.20, 609.205, 609.221, 609.222, 609.223, 
609.224, 609.24, 609.245, 609.25, 609.255, 609.342, 609.343, 
609.344, 609.345, 609.3641, 609.3642, 609.3643, 609.3644, 
609.365, 609.498, 609.561, 609.58, clauses (1)(b) and (2), and 
609.687.  
    Sec. 4.  [611A.04] [VICTIM'S RIGHT TO REQUEST RESTITUTION.] 
    Subdivision 1.  [REQUEST; DECISION.] A victim of a crime 
has the right to request that restitution be considered as part 
of the disposition of a criminal charge or juvenile delinquency 
proceeding against the offender.  The request for restitution 
shall be made by the victim in writing in affidavit form, 
describing the items or elements of loss and itemizing the total 
dollar amounts of restitution claimed, and the reasons 
justifying these amounts, if the request is for monetary or 
property restitution.  In order to be considered by the court, 
the request must be received by the clerk of the appropriate 
court at least three business days before the sentencing or 
dispositional hearing.  The clerk of court shall provide copies 
of this request to the prosecutor and the offender at least 24 
hours before the sentencing or dispositional hearing.  
    The court shall grant or deny restitution, and shall state 
on the record its reasons for its decision on restitution if a 
request for restitution has been made.  
    Subd. 2.  [PROCEDURES.] The offender shall make restitution 
payments to the clerk of the county, municipal, or district 
court of the county in which the restitution is to be paid.  
    Subd. 3.  [EFFECT OF ORDER FOR RESTITUTION.] A decision for 
or against restitution in any criminal or juvenile proceeding is 
not a bar to any civil action by the victim or by the state 
pursuant to section 299B.10 against the offender.  The offender 
shall be given credit, in any order for judgment in favor of a 
victim in a civil action, for any restitution paid to the victim 
for the same injuries for which the judgment is awarded.  
    Sec. 5.  [611A.06] [RIGHT TO NOTICE OF RELEASE.] 
    The commissioner of corrections or other custodial 
authority shall make a good faith effort to notify the victim 
that the offender is to be released from imprisonment or 
incarceration, other than for work release, prior to the release 
if the victim has mailed to the commissioner of corrections or 
to the head of the facility in which the offender is confined a 
written request for this notice.  The commissioner or other 
custodial authority complies with this section if he mails the 
notice of impending release to the victim at the address which 
the victim has most recently provided to him in writing.  
    Sec. 6.  [INSTRUCTION TO REVISOR.] 
    In the next and subsequent editions of Minnesota Statutes, 
the revisor of statutes shall renumber each section specified in 
Column A with the number set forth in Column B.  
    In addition, the revisor of statutes shall make necessary 
cross-reference changes consistent with renumbering required by 
this section.  
          Column A                       Column B
     Minnesota Statutes 
            1982 
     Section 645.23                 Section 611A.05 
                                      VICTIM PROGRAMS
                               PROGRAM TO AID VICTIMS OF SEXUAL
                                          ATTACK  
     Section 241.51                 Section 611A.21
     Section 241.52                 Section 611A.22
     Section 241.53                 Section 611A.23
                               BATTERED WOMEN
     Section 241.61                 Section 611A.31
     Section 241.62                 Section 611A.32
     Section 241.63                 Section 611A.33
     Section 241.64                 Section 611A.34
     Section 241.65                 Section 611A.35
     Section 241.66                 Section 611A.36
                                     VICTIM AGENCIES
                               CRIME VICTIM CRISIS CENTER
     Section 241.55                 Section 611A.41
     Section 241.56                 Section 611A.42
     Section 241.57                 Section 611A.43
     Section 241.58                 Section 611A.44
                               CRIME VICTIMS REPARATIONS BOARD
     Section 299B.01                Section 611A.51
     Section 299B.02                Section 611A.52
     Section 299B.03                Section 611A.53
     Section 299B.04                Section 611A.54
     Section 299B.05                Section 611A.55
     Section 299B.06                Section 611A.56
     Section 299B.07                Section 611A.57
     Section 299B.071               Section 611A.58
     Section 299B.08                Section 611A.59
     Section 299B.09                Section 611A.60
     Section 299B.10                Section 611A.61
     Section 299B.11                Section 611A.62
     Section 299B.12                Section 611A.63
     Section 299B.13                Section 611A.64
     Section 299B.14                Section 611A.65
     Section 299B.15                Section 611A.66
     Section 299B.16                Section 611A.67
     Section 299B.17                Section 611A.68

                               ARTICLE 2 
    Section 1.  Minnesota Statutes 1982, section 241.26, 
subdivision 5, is amended to read: 
    Subd. 5.  [EARNINGS; WORK RELEASE ACCOUNT.] The net 
earnings of each inmate participating in a work release program 
provided by this section shall be collected by or forwarded to 
the commissioner of corrections under rules established by him 
and deposited by the commissioner in the state treasury and, to 
be credited to the "work release account," which account is 
hereby established, to the account of such the inmate.  Such 
The moneys shall be and remain under the control of the 
commissioner for the sole benefit of such the inmate, subject to 
disbursement by the commissioner for the following purpose 
purposes and in the following order: 
    (1) The cost of such the inmate's keep as determined by the 
provision of subdivision 7, which moneys shall be deposited in 
the general fund of the state treasury if such the inmate is 
housed in a state correctional institution, or shall be paid to 
the appropriate city or county treasurer if such the inmate is 
housed in a city or county facility; 
    (2) Necessary travel expense to and from work and other 
incidental expenses of the inmate; 
    (3) Support of inmate's dependents, if any; 
    (4) Court-ordered restitution;  
    (5) After the above expenditures, the inmate shall have 
discretion to direct payment of the balance, if any, upon proper 
proof of personal legal debts; 
    (5) (6) The balance, if any, shall be disbursed to the 
inmate as provided in section 243.24, subdivision 1. 
    All moneys in the "work release account" established by 
this subdivision are appropriated annually to the commissioner 
of corrections for the purposes of the work release program. 
    Sec. 2.  Minnesota Statutes 1982, section 243.23, 
subdivision 3, is amended to read: 
    Subd. 3.  [EXCEPTIONS.] Notwithstanding sections 241.01, 
subdivision 8, 241.26, subdivision 5, and 243.24, subdivision 1, 
the commissioner shall promulgate rules for the disbursement of 
funds earned under subdivision 1 for the support of families and 
dependent relatives of the respective inmates, for the payment 
of court-ordered restitution, and for the discharge of any legal 
obligations arising out of litigation under this subdivision.  
An inmate of an adult correctional facility under the control of 
the commissioner is subject to actions for the enforcement of 
support obligations and reimbursement of any public assistance 
rendered the dependent family and relatives.  The commissioner 
may conditionally release an inmate who is a party to an action 
under this subdivision and provide for his detention in a local 
detention facility convenient to the place of the hearing when 
he is not engaged in preparation and defense. 
    Sec. 3.  Minnesota Statutes 1982, section 609.115, 
subdivision 1, is amended to read: 
    Subdivision 1.  [PRESENTENCE INVESTIGATION.] When a 
defendant has been convicted of a misdemeanor, or gross 
misdemeanor, or felony, the court may, and when the defendant 
has been convicted of a felony, the court shall, before sentence 
is imposed, cause a presentence investigation and written report 
to be made to the court concerning the defendant's individual 
characteristics, circumstances, needs, potentialities, criminal 
record and social history, the circumstances of the offense and 
the harm caused thereby by it to others and to the community.  
If the court so directs, the report shall include an estimate of 
the prospects of the defendant's rehabilitation and 
recommendations as to the sentence which should be imposed.  In 
misdemeanor cases the report may be oral. 
    When a defendant has been convicted of a felony, and before 
sentencing, the court shall cause a sentencing worksheet to be 
completed to facilitate the application of the Minnesota 
sentencing guidelines.  If a presentence investigation is 
ordered by the court, The worksheet shall be submitted as part 
of the presentence investigation report.  If a presentence 
investigation is not ordered by the court, the worksheet shall 
nonetheless be submitted.  
    The investigation shall be made by a probation officer of 
the court, if there is one, otherwise by the commissioner of 
corrections. 
    Pending the presentence investigation and report, the court 
with the consent of the commissioner may commit the defendant to 
the custody of the commissioner of corrections who shall return 
the defendant to the court when the court so orders. 
    Presentence investigations shall be conducted and summary 
hearings held upon reports and upon the sentence to be imposed 
upon the defendant in accordance with this section, Minnesota 
Statutes, Section section 244.10, upon its effective date, and 
Rule 27 of the rules of criminal procedure. 
    Sec. 4.  Minnesota Statutes 1982, section 609.115, is 
amended by adding a subdivision to read:  
    Subd. 1b.  [ADDITIONAL CONTENTS.] The presentence 
investigation report shall also include the following 
information relating to victims:  
    (a) a summary of the damages or harm and any other problems 
generated by the criminal occurrence;  
    (b) a concise statement of what disposition the victim 
deems appropriate for the defendant or juvenile court 
respondent, including reasons given, if any, by the victim in 
support of his opinion; and 
    (c) an attachment to the report, consisting of the victim's 
written objections, if any, to the proposed disposition if the 
victim provides the officer conducting the presentence 
investigation with this written material within a reasonable 
time prior to the disposition.  
     For the purposes of this section, "victim" has the meaning 
given to it in article 1, section 1.  
    Sec. 5.  Minnesota Statutes 1982, section 609.115, is 
amended by adding a subdivision to read:  
    Subd. 1c.  [NOTICE TO VICTIM.] The officer conducting the 
presentence or predispositional report shall make reasonable and 
good faith efforts to contact the victim of that crime and to 
provide that victim with the following information:  (i) the 
charge or juvenile court petition to which the defendant has 
been convicted or pleaded guilty, or the juvenile respondent has 
admitted in court or has been found to have committed by the 
juvenile court, and of any plea agreement between the 
prosecution and the defense counsel; (ii) his right to request 
restitution pursuant to article 1, section 4; (iii) the time and 
place of the sentencing or juvenile court disposition and his 
right to be present; and (iv) his right to object in writing to 
the court, prior to the time of sentencing or juvenile court 
disposition, to the proposed sentence or juvenile dispositional 
alternative, or to the terms of the proposed plea agreement.  To 
assist the victim in making a recommendation under clause (iv), 
the officer shall provide the victim with information about the 
court's options for sentencing and other dispositions.  Failure 
of the officer to comply with this subdivision does not give any 
rights or grounds for post-conviction or post-juvenile 
disposition relief to the defendant or juvenile court 
respondent, nor does it entitle a defendant or a juvenile court 
respondent to withdraw a plea of guilty.  
    Sec. 6.  Minnesota Statutes 1982, section 609.498, is 
amended to read: 
    609.498 [TAMPERING WITH A WITNESS.] 
    Subdivision 1.  [TAMPERING WITH A WITNESS IN THE FIRST 
DEGREE.] Whoever does any of the following is guilty of 
tampering with a witness in the first degree and may be 
sentenced as provided in subdivision 1a:  
    (a) intentionally prevents or dissuades or intentionally 
attempts to prevent or dissuade by means of force or threats of 
injury to person, family, or property, a person who is or may 
become a witness from attending or testifying at any trial, 
proceeding, or inquiry authorized by law, is guilty of tampering 
with a witness in the first degree and may be sentenced;  
    (b) intentionally threatens to cause injury to person, 
family, or property in retaliation against a person who was 
summoned as a witness at any trial, proceeding, or inquiry 
authorized by law, within a year following that trial, 
proceeding, or inquiry;  
    (c) intentionally prevents or dissuades or attempts to 
prevent or dissuade, by means of force or threats of injury to 
person, family, or property, a person from providing information 
to law enforcement authorities concerning a crime; or 
    (d) intentionally threatens to cause injury to person, 
family, or property in retaliation against a person who has 
provided information to law enforcement authorities concerning a 
crime within a year of that person providing the information.  
    Subd. 1a.  [PENALTY.] Whoever violates subdivision 1 may be 
sentenced to imprisonment for not more than five years or to 
payment of a fine not to exceed $5,000. 
    Subd. 2.  [TAMPERING WITH A WITNESS IN THE SECOND DEGREE.] 
Whoever does any of the following is guilty of tampering with a 
witness in the second degree and may be sentenced as provided in 
subdivision 3:  
    (a) intentionally prevents or dissuades or intentionally 
attempts to prevent or dissuade by means of any act described in 
section 609.27, subdivision 1, clauses clause (3), (4), or (5), 
a person who is or may become a witness from attending or 
testifying at any trial, proceeding, or inquiry authorized by 
law, is guilty of tampering with a witness in the second degree 
and; or 
    (b) intentionally prevents or dissuades or attempts to 
prevent or dissuade by means of any act described in section 
609.27, subdivision 1, clause (3), (4), or (5), a person from 
providing information to law enforcement authorities concerning 
a crime.  
    Subd. 3.  [SENTENCE.] Whoever violates subdivision 2 may be 
sentenced to imprisonment for not more than one year or to 
payment of a fine not to exceed $1,000. 
    Sec. 7.  Minnesota Statutes 1982, section 631.425, 
subdivision 5, is amended to read: 
    Subd. 5.  [EARNINGS.] The earnings of the prisoner may be 
collected by the sheriff, probation department, welfare board or 
suitable person or agency designated by the court.  From such 
the earnings, the person or agency designated to collect them 
may pay the cost of the prisoner's maintenance, both inside and 
outside the jail, but the charge for maintenance inside the jail 
shall not exceed the legal daily allowance for board allowed the 
sheriff for ordinary prisoners, and, to the extent directed by 
the court, pay the support of his dependents, if any, and court 
costs and fines, and court-ordered restitution, if any.  Any 
balance shall be retained until his discharge when it shall be 
paid to him.  
    Sec. 8.  [EFFECTIVE DATE.] 
    Articles 1 and 2 of this act are effective August 1, 1983, 
and apply to crimes committed on or after that date. 
    Approved June 6, 1983