Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 2000, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 445-S.F.No. 3178
An act relating to public safety; authorizing
commissioner of public safety to award public safety
grants; continuing certain rule authority of
commissioner of public safety; changing per diem
payments to members of the board of private detectives
and protective agents; requiring changes in rules
regarding training programs; establishing guidelines
for the administration of battered women's shelter per
diem funding by the Minnesota center for crime victims
services; changing the designation of battered women's
advisory council to advisory council on battered women
and domestic abuse; authorizing support services to
domestic abuse victims; amending Minnesota Statutes
1998, sections 13.82, subdivision 3b; 15.0591,
subdivision 2; 119A.37, subdivision 4; 120B.22,
subdivision 1; 257.75, subdivision 6; 299A.01,
subdivision 2, and by adding a subdivision; 326.33,
subdivision 6; 326.3361, subdivision 1; 518B.01,
subdivision 21; 611A.07, subdivision 1; 611A.32,
subdivisions 1, 2, 3, and 5; 611A.33; 611A.34,
subdivisions 1, 2, and 3; 611A.345; 611A.35; 611A.36,
subdivisions 1 and 2; 629.342, subdivision 2; and
629.72, subdivision 6; Minnesota Statutes 1999
Supplement, sections 13.99, subdivision 108; 15.059,
subdivision 5a; and 626.558, subdivision 1; proposing
coding for new law in Minnesota Statutes, chapter 611A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
Section 1. Minnesota Statutes 1998, section 299A.01,
subdivision 2, is amended to read:
Subd. 2. [DUTIES OF COMMISSIONER.] The duties of the
commissioner shall include the following:
(a) the coordination, development and maintenance of
services contracts with existing state departments and agencies
assuring the efficient and economic use of advanced business
machinery including computers;
(b) the execution of contracts and agreements with existing
state departments for the maintenance and servicing of vehicles
and communications equipment, and the use of related buildings
and grounds;
(c) the development of integrated fiscal services for all
divisions, and the preparation of an integrated budget for the
department;
(d) the publication and award of grant contracts with state
agencies, local units of government, and other entities for
programs that will benefit the safety of the public; and
(e) the establishment of a planning bureau within the
department.
Sec. 2. Minnesota Statutes 1998, section 299A.01, is
amended by adding a subdivision to read:
Subd. 7. [RULES REMAIN IN EFFECT.] Notwithstanding
sections 14.05, subdivision 1, and 645.36 or other law to the
contrary, the rules adopted under the authority of Minnesota
Statutes 1996, section 299A.01, subdivision 6, paragraph (a),
remain in effect on and after July 1, 1997, until further
amended or repealed.
Sec. 3. Minnesota Statutes 1998, section 326.33,
subdivision 6, is amended to read:
Subd. 6. [COMPENSATION TO BOARD MEMBERS.] Members of the
board of private detective and protective agent services shall
receive, in addition to necessary traveling and lodging
expenses, $35 a per diem payment as specified in section 214.09,
subdivision 3, per day for each day actually engaged in board
activities, provided, however, members of the board who are
state employees will be governed by state rules regarding travel
expense and per diem payments.
Sec. 4. Minnesota Statutes 1998, section 326.3361,
subdivision 1, is amended to read:
Subdivision 1. [RULES.] The board shall, by rule,
prescribe the requirements, duration, contents, and standards
for successful completion of certified training programs for
license holders, qualified representatives, Minnesota managers,
partners, and employees, including:
(1) first aid and firearms training required for armed
employees, including training in the legal limitations on the
justifiable use of force and deadly force as specified in
sections 609.06 and 609.065;
(2) training in risks and dangers arising from the use of
weapons other than firearms, including, but not limited to,
bludgeons, nightsticks, batons, chemical weapons, and electronic
incapacitation devices, and in the use of restraint or
immobilization techniques, including the carotid neck restraint;
(3) training in alternatives to the use of force;
(4) standards for weapons and equipment issued to or
carried or used by license holders, qualified representatives,
Minnesota managers, partners, and employees;
(5) preassignment or on-the-job training, or its
equivalent, required before applicants may be certified as
having completed training; and
(6) continuing training for license holders, qualified
representatives, Minnesota managers, partners, employees, and
armed employees.
Sec. 5. [EFFECTIVE DATE.]
Section 2 is effective retroactively from July 1, 1997.
ARTICLE 2
BATTERED WOMEN AND DOMESTIC ABUSE
Section 1. Minnesota Statutes 1998, section 13.82,
subdivision 3b, is amended to read:
Subd. 3b. [DOMESTIC ABUSE DATA.] The written police report
required by section 629.341, subdivision 4, of an alleged
incident described in section 629.341, subdivision 1, and arrest
data, request for service data, and response or incident data
described in subdivision 2, 3, or 4 that arise out of this type
of incident or out of an alleged violation of an order for
protection must be released upon request at no cost to an
organization designated by the Minnesota center for crime
victims services, the department of corrections, or the
department of public safety as providing services to victims of
domestic abuse. The executive director or the commissioner of
the appropriate state agency shall develop written criteria for
this designation in consultation with the battered women's
advisory council on battered women and domestic abuse.
Sec. 2. Minnesota Statutes 1999 Supplement, section 13.99,
subdivision 108, is amended to read:
Subd. 108. [BATTERED WOMEN VICTIMS OF DOMESTIC ABUSE.]
Data on battered women and victims of domestic abuse maintained
by grantees and recipients of per diem payments for emergency
shelter for battered women and support services for battered
women and victims of domestic abuse are governed by section
sections 611A.32, subdivision 5, and 611A.371, subdivision 3.
Sec. 3. Minnesota Statutes 1999 Supplement, section
15.059, subdivision 5a, is amended to read:
Subd. 5a. [LATER EXPIRATION.] Notwithstanding subdivision
5, the advisory councils and committees listed in this
subdivision do not expire June 30, 1997. These groups expire
June 30, 2001, unless the law creating the group or this
subdivision specifies an earlier expiration date.
Investment advisory council, created in section 11A.08;
Intergovernmental information systems advisory council,
created in section 16B.42, expires June 30, 1999;
Feedlot and manure management advisory committee, created
in section 17.136;
Aquaculture advisory committee, created in section 17.49;
Dairy producers board, created in section 17.76;
Pesticide applicator education and examination review
board, created in section 18B.305;
Advisory seed potato certification task force, created in
section 21.112;
Food safety advisory committee, created in section 28A.20;
Minnesota organic advisory task force, created in section
31.95;
Public programs risk adjustment work group, created in
section 62Q.03;
Workers' compensation self-insurers' advisory committee,
created in section 79A.02;
Youth corps advisory committee, created in section 84.0887;
Iron range off-highway vehicle advisory committee, created
in section 85.013;
Mineral coordinating committee, created in section 93.002;
Game and fish fund citizen advisory committees, created in
section 97A.055;
Wetland heritage advisory committee, created in section
103G.2242;
Wastewater treatment technical advisory committee, created
in section 115.54;
Solid waste management advisory council, created in section
115A.12;
Nuclear waste council, created in section 116C.711;
Genetically engineered organism advisory committee, created
in section 116C.93;
Environment and natural resources trust fund advisory
committee, created in section 116P.06;
Child abuse prevention advisory council, created in section
119A.13;
Chemical abuse and violence prevention council, created in
section 119A.293;
Youth neighborhood centers advisory board, created in
section 119A.295;
Interagency coordinating council, created in section
125A.28, expires June 30, 1999;
Desegregation/integration advisory board, created in
section 124D.892;
Nonpublic education council, created in section 123B.445;
Permanent school fund advisory committee, created in
section 127A.30;
Indian scholarship committee, created in section 124D.84,
subdivision 2;
American Indian education committees, created in section
124D.80;
Summer scholarship advisory committee, created in section
124D.95;
Multicultural education advisory committee, created in
section 124D.894;
Male responsibility and fathering grants review committee,
created in section 124D.33;
Library for the blind and physically handicapped advisory
committee, created in section 134.31;
Higher education advisory council, created in section
136A.031;
Student advisory council, created in section 136A.031;
Cancer surveillance advisory committee, created in section
144.672;
Maternal and child health task force, created in section
145.881;
State community health advisory committee, created in
section 145A.10;
Mississippi River Parkway commission, created in section
161.1419;
School bus safety advisory committee, created in section
169.435;
Advisory council on workers' compensation, created in
section 175.007;
Code enforcement advisory council, created in section
175.008;
Medical services review board, created in section 176.103;
Apprenticeship advisory council, created in section 178.02;
OSHA advisory council, created in section 182.656;
Health professionals services program advisory committee,
created in section 214.32;
Rehabilitation advisory council for the blind, created in
section 248.10;
American Indian advisory council, created in section
254A.035;
Alcohol and other drug abuse advisory council, created in
section 254A.04;
Medical assistance drug formulary committee, created in
section 256B.0625;
Home care advisory committee, created in section 256B.071;
Preadmission screening, alternative care, and home and
community-based services advisory committee, created in section
256B.0911;
Traumatic brain injury advisory committee, created in
section 256B.093;
Minnesota commission serving deaf and hard-of-hearing
people, created in section 256C.28;
American Indian child welfare advisory council, created in
section 260.835;
Juvenile justice advisory committee, created in section
268.29;
Northeast Minnesota economic development fund technical
advisory committees, created in section 298.2213;
Iron range higher education committee, created in section
298.2214;
Northeast Minnesota economic protection trust fund
technical advisory committee, created in section 298.297;
Battered women's Advisory council on battered women and
domestic abuse, created in section 611A.34.
Sec. 4. Minnesota Statutes 1998, section 15.0591,
subdivision 2, is amended to read:
Subd. 2. [BODIES AFFECTED.] A member meeting the
qualifications in subdivision 1 must be appointed to the
following boards, commissions, advisory councils, task forces,
or committees:
(1) advisory council on battered women and domestic abuse;
(2) advisory task force on the use of state facilities;
(3) alcohol and other drug abuse advisory council;
(4) board of examiners for nursing home administrators;
(5) board on aging;
(6) chiropractic examiners board;
(7) consumer advisory council on vocational rehabilitation;
(8) council on disability;
(9) council on affairs of Chicano/Latino people;
(10) council on Black Minnesotans;
(11) dentistry board;
(12) department of economic security advisory council;
(13) higher education services office;
(14) housing finance agency;
(15) Indian advisory council on chemical dependency;
(16) medical practice board;
(17) medical policy directional task force on mental
health;
(18) Minnesota employment and economic development task
force;
(19) Minnesota office of citizenship and volunteer services
advisory committee;
(20) Minnesota state arts board;
(21) nursing board;
(22) optometry board;
(23) pharmacy board;
(24) physical therapists council;
(25) podiatry board;
(26) psychology board;
(27) veterans advisory committee.
Sec. 5. Minnesota Statutes 1998, section 119A.37,
subdivision 4, is amended to read:
Subd. 4. [ADDITIONAL SERVICES.] Each family visitation
center may provide parenting and child development classes, and
offer support groups to participating custodial parents and hold
regular classes designed to assist children who have experienced
domestic violence and abuse. Each family visitation center must
have available an individual knowledgeable about or experienced
in the provision of services to battered women and domestic
abuse victims on its staff, its board of directors, or otherwise
available to it for consultation.
Sec. 6. Minnesota Statutes 1998, section 120B.22,
subdivision 1, is amended to read:
Subdivision 1. [VIOLENCE PREVENTION CURRICULUM.] (a) The
commissioner of children, families, and learning, in
consultation with the commissioners of health and human
services, state minority councils, battered women's and domestic
abuse programs, battered women's shelters, sexual assault
centers, representatives of religious communities, and the
assistant commissioner of the office of drug policy and violence
prevention, shall assist districts on request in developing or
implementing a violence prevention program for students in
kindergarten to grade 12 that can be integrated into existing
curriculum. The purpose of the program is to help students
learn how to resolve conflicts within their families and
communities in nonviolent, effective ways.
(b) Each district is encouraged to integrate into its
existing curriculum a program for violence prevention that
includes at least:
(1) a comprehensive, accurate, and age appropriate
curriculum on violence prevention, nonviolent conflict
resolution, sexual, racial, and cultural harassment, and student
hazing that promotes equality, respect, understanding, effective
communication, individual responsibility, thoughtful decision
making, positive conflict resolution, useful coping skills,
critical thinking, listening and watching skills, and personal
safety;
(2) planning materials, guidelines, and other accurate
information on preventing physical and emotional violence,
identifying and reducing the incidence of sexual, racial, and
cultural harassment, and reducing child abuse and neglect;
(3) a special parent education component of early childhood
family education programs to prevent child abuse and neglect and
to promote positive parenting skills, giving priority to
services and outreach programs for at-risk families;
(4) involvement of parents and other community members,
including the clergy, business representatives, civic leaders,
local elected officials, law enforcement officials, and the
county attorney;
(5) collaboration with local community services, agencies,
and organizations that assist in violence intervention or
prevention, including family-based services, crisis services,
life management skills services, case coordination services,
mental health services, and early intervention services;
(6) collaboration among districts and service cooperatives;
(7) targeting early adolescents for prevention efforts,
especially early adolescents whose personal circumstances may
lead to violent or harassing behavior;
(8) opportunities for teachers to receive in-service
training or attend other programs on strategies or curriculum
designed to assist students in intervening in or preventing
violence in school and at home; and
(9) administrative policies that reflect, and a staff that
models, nonviolent behaviors that do not display or condone
sexual, racial, or cultural harassment or student hazing.
(c) The department may provide assistance at a neutral site
to a nonpublic school participating in a district's program.
Sec. 7. Minnesota Statutes 1998, section 257.75,
subdivision 6, is amended to read:
Subd. 6. [PATERNITY EDUCATIONAL MATERIALS.] The
commissioner of human services shall prepare educational
materials for new and prospective parents that describe the
benefits and effects of establishing paternity. The materials
must include a description and comparison of the procedures for
establishment of paternity through a recognition of parentage
under this section and an adjudication of paternity under
sections 257.51 to 257.74. The commissioner shall consider the
use of innovative audio or visual approaches to the presentation
of the materials to facilitate understanding and presentation.
In preparing the materials, the commissioner shall consult with
child advocates and support workers, battered women's
advocates and advocates for domestic abuse victims, social
service providers, educators, attorneys, hospital
representatives, and people who work with parents in making
decisions related to paternity. The commissioner shall consult
with representatives of communities of color. On and after
January 1, 1994, the commissioner shall make the materials
available without cost to hospitals, requesting agencies, and
other persons for distribution to new parents.
Sec. 8. Minnesota Statutes 1998, section 518B.01,
subdivision 21, is amended to read:
Subd. 21. [ORDER FOR PROTECTION FORMS.] The state court
administrator, in consultation with the advisory council on
battered women and domestic abuse, city and county attorneys,
and legal advocates who work with victims, shall develop a
uniform order for protection form that will facilitate the
consistent enforcement of orders for protection throughout the
state.
Sec. 9. Minnesota Statutes 1998, section 611A.07,
subdivision 1, is amended to read:
Subdivision 1. [GENERALLY.] The commissioner of
corrections, after considering the recommendations of the
battered women advisory council on battered women and domestic
abuse and the sexual assault advisory council, and in
collaboration with the commissioner of public safety, shall
adopt standards governing electronic monitoring devices used to
protect victims of domestic abuse. In developing proposed
standards, the commissioner shall consider the experience of the
courts in the tenth judicial district in the use of the devices
to protect victims of domestic abuse. These standards shall
promote the safety of the victim and shall include measures to
avoid the disparate use of the device with communities of color,
product standards, monitoring agency standards, and victim
disclosure standards.
Sec. 10. Minnesota Statutes 1998, section 611A.32,
subdivision 1, is amended to read:
Subdivision 1. [GRANTS AWARDED.] The commissioner shall
award grants to programs which provide emergency shelter
services to battered women and support services to battered
women and domestic abuse victims and their children. The
commissioner shall also award grants for training, technical
assistance, and for the development and implementation of
education programs to increase public awareness of the causes of
battering, the solutions to preventing and ending domestic
violence, and the problems faced by battered women and domestic
abuse victims. Grants shall be awarded in a manner that ensures
that they are equitably distributed to programs serving
metropolitan and nonmetropolitan populations. By July 1, 1995,
community-based domestic abuse advocacy and support services
programs must be established in every judicial assignment
district.
Sec. 11. Minnesota Statutes 1998, section 611A.32,
subdivision 2, is amended to read:
Subd. 2. [APPLICATIONS.] Any public or private nonprofit
agency may apply to the commissioner for a grant to provide
emergency shelter services to battered women, support
services to domestic abuse victims, or both, to battered women
and their children. The application shall be submitted in a
form approved by the commissioner by rule adopted under chapter
14, after consultation with the advisory council, and shall
include:
(1) a proposal for the provision of emergency shelter
services for battered women, support services for domestic abuse
victims, or both, for battered women and their children;
(2) a proposed budget;
(3) evidence of an ability to integrate into the proposed
program the uniform method of data collection and program
evaluation established under sections 611A.33 and 611A.34;
(4) evidence of an ability to represent the interests of
battered women and domestic abuse victims and their children to
local law enforcement agencies and courts, county welfare
agencies, and local boards or departments of health;
(5) evidence of an ability to do outreach to unserved and
underserved populations and to provide culturally and
linguistically appropriate services; and
(6) any other content the commissioner may require by rule
adopted under chapter 14, after considering the recommendations
of the advisory council.
Programs which have been approved for grants in prior years
may submit materials which indicate changes in items listed in
clauses (1) to (6), in order to qualify for renewal funding.
Nothing in this subdivision may be construed to require programs
to submit complete applications for each year of renewal funding.
Sec. 12. Minnesota Statutes 1998, section 611A.32,
subdivision 3, is amended to read:
Subd. 3. [DUTIES OF GRANTEES.] Every public or private
nonprofit agency which receives a grant to provide emergency
shelter services to battered women and support services to
battered women and domestic abuse victims shall comply with all
rules of the commissioner related to the administration of the
pilot programs.
Sec. 13. Minnesota Statutes 1998, section 611A.32,
subdivision 5, is amended to read:
Subd. 5. [CLASSIFICATION OF DATA COLLECTED BY GRANTEES.]
Personal history information and other information collected,
used or maintained by a grantee from which the identity or
location of any battered woman victim of domestic abuse may be
determined is private data on individuals, as defined in section
13.02, subdivision 12, and the grantee shall maintain the data
in accordance with the provisions of chapter 13.
Sec. 14. Minnesota Statutes 1998, section 611A.33, is
amended to read:
611A.33 [DUTIES OF COMMISSIONER.]
The commissioner shall:
(1) Review applications for and award grants to a program
pursuant to section 611A.32, subdivision 1, after considering
the recommendation of the advisory council;
(2) Appoint the members of the advisory council created
under section 611A.34, and provide consultative staff and other
administrative services to the advisory council;
(3) After considering the recommendation of the advisory
council, appoint a program director to perform the duties set
forth in section 611A.35;
(4) Design and implement a uniform method of collecting
data on battered women domestic abuse victims to be used to
evaluate the programs funded under section 611A.32;
(5) Provide technical aid to applicants in the development
of grant requests and provide technical aid to programs in
meeting the data collection requirements established by the
commissioner; and
(6) Adopt, under chapter 14, all rules necessary to
implement the provisions of sections 611A.31 to 611A.36.
Sec. 15. Minnesota Statutes 1998, section 611A.34,
subdivision 1, is amended to read:
Subdivision 1. [GENERALLY.] The commissioner shall appoint
a 12-member advisory council to advise the commissioner on the
implementation and continued operation of sections 611A.31 to
611A.36. The battered women's advisory council on battered
women and domestic abuse shall also serve as a liaison between
the commissioner and organizations that provide services to
battered women and domestic abuse victims. Section 15.059
governs the filling of vacancies and removal of members of the
advisory council. The terms of the members of the advisory
council shall be two years. No member may serve on the advisory
council for more than two consecutive terms. Notwithstanding
section 15.059, the council shall not expire. Council members
shall not receive per diem, but shall receive expenses in the
same manner and amount as state employees.
Sec. 16. Minnesota Statutes 1998, section 611A.34,
subdivision 2, is amended to read:
Subd. 2. [MEMBERSHIP.] Persons appointed shall be
knowledgeable about and have experience or interest in issues
concerning battered women and domestic abuse victims, including
the need for effective advocacy services. The membership of the
council shall broadly represent the interests of battered
women and domestic abuse victims in Minnesota. No more than six
of the members of the battered women's advisory council on
battered women and domestic abuse may be representatives of
community or governmental organizations that provide services to
battered women and domestic abuse victims. One-half of the
council's members shall reside in the metropolitan area,
composed of Hennepin, Ramsey, Anoka, Dakota, Scott, Washington,
and Carver counties, and one-half of the members shall reside in
the nonmetropolitan area. To the extent possible,
nonmetropolitan members must be representative of all
nonmetropolitan regions of the state.
Sec. 17. Minnesota Statutes 1998, section 611A.34,
subdivision 3, is amended to read:
Subd. 3. [DUTIES.] The advisory council shall:
(1) advise the commissioner on all planning, development,
data collection, rulemaking, funding, and evaluation of programs
and services for battered women and domestic abuse victims that
are funded under section 611A.32, other than matters of a purely
administrative nature;
(2) advise the commissioner on the adoption of rules under
chapter 14 governing the award of grants to ensure that funded
programs are consistent with section 611A.32, subdivision 1;
(3) recommend to the commissioner the names of five
applicants for the position of battered women's domestic abuse
program director;
(4) advise the commissioner on the rules adopted under
chapter 14 pursuant to section 611A.33;
(5) review applications received by the commissioner for
grants under section 611A.32 and make recommendations on the
awarding of grants; and
(6) advise the program director in the performance of
duties in the administration and coordination of the programs
funded under section 611A.32.
Sec. 18. Minnesota Statutes 1998, section 611A.345, is
amended to read:
611A.345 [ADVISORY COUNCIL RECOMMENDATIONS.]
The commissioner shall consider the advisory council's
recommendations before awarding grants or adopting policies
regarding the planning, development, data collection,
rulemaking, funding or evaluation of programs and services for
battered women and domestic abuse victims funded under section
611A.32. Before taking action on matters related to programs
and services for battered women and domestic abuse victims and
their children, except day-to-day administrative operations, the
commissioner shall notify the advisory council of the intended
action. Notification of grant award decisions shall be given to
the advisory council in time to allow the council to request
reconsideration.
Sec. 19. Minnesota Statutes 1998, section 611A.35, is
amended to read:
611A.35 [BATTERED WOMEN'S ADVISORY COUNCIL ON BATTERED
WOMEN AND DOMESTIC ABUSE PROGRAM DIRECTOR.]
The commissioner shall appoint a program director. In
appointing the program director the commissioner shall give due
consideration to the list of applicants submitted to the
commissioner pursuant to section 611A.34, subdivision 3, clause
(3). The program director shall administer the funds
appropriated for sections 611A.31 to 611A.36, consult with and
provide staff to the advisory council, and perform other duties
related to battered women's and domestic abuse programs as the
commissioner may assign. The program director shall serve at
the pleasure of the commissioner in the unclassified service.
Sec. 20. Minnesota Statutes 1998, section 611A.36,
subdivision 1, is amended to read:
Subdivision 1. [FORM PRESCRIBED.] The commissioner shall,
by rule adopted under chapter 14, after considering the
recommendations of the advisory council, prescribe a uniform
form and method for the collection of data on battered
women domestic abuse victims. The method and form of data
collection shall be designed to document the incidence of
assault on battered women domestic abuse victims as defined in
section 611A.31, subdivision 2. All data collected by the
commissioner pursuant to this section shall be summary data
within the meaning of section 13.02, subdivision 19.
Sec. 21. Minnesota Statutes 1998, section 611A.36,
subdivision 2, is amended to read:
Subd. 2. [MANDATORY DATA COLLECTION.] Every local law
enforcement agency shall collect data related to battered women
domestic abuse victims in the form required by the
commissioner. The data shall be collected and transmitted to
the commissioner at such times as the commissioner shall, by
rule, require.
Sec. 22. [611A.37] [DEFINITIONS.]
Subdivision 1. [SCOPE.] For purposes of sections 23 to 27,
the terms defined have the meanings given them unless otherwise
provided or indicated by the context.
Subd. 2. [DIRECTOR.] "Director" means the director of the
Minnesota center for crime victim services or a designee.
Subd. 3. [CENTER.] "Center" means the Minnesota center for
crime victim services.
Subd. 4. [SHELTER FACILITY.] "Shelter facility" means a
secure crisis shelter, housing network, safe home, or other
facility operated by a nonprofit organization and designated by
the center for the purpose of providing food, lodging, safety,
and 24-hour coverage for battered women and their children.
Subd. 5. [DESIGNATED SHELTER FACILITY.] "Designated
shelter facility" means a facility that has applied to, and been
approved by, the center to provide shelter and services to
battered women and their children.
Subd. 6. [PER DIEM RATE.] "Per diem rate" means a daily
charge per person for providing food, lodging, safety, and
24-hour coverage for battered women and their children.
Subd. 7. [RESERVE AMOUNT.] "Reserve amount" means the
amount the center has reserved for each shelter facility.
Subd. 8. [BATTERED WOMAN.] "Battered woman" has the
meaning given in section 611A.31, subdivision 2.
Sec. 23. [611A.371] [PROGRAM OPERATION.]
Subdivision 1. [PURPOSE.] The purpose of the per diem
program is to provide reimbursement in a timely, efficient
manner to local programs for the reasonable and necessary costs
of providing battered women and their children with food,
lodging, and safety. Per diem funding may not be used for other
purposes.
Subd. 2. [NONDISCRIMINATION.] Designated shelter
facilities are prohibited from discriminating against a battered
woman or her children on the basis of race, color, creed,
religion, national origin, marital status, status with regard to
public assistance, disability, or sexual orientation.
Subd. 3. [DATA.] Personal history information collected,
used, or maintained by a designated shelter facility from which
the identity or location of any battered woman may be determined
is private data on individuals, as defined in section 13.02,
subdivision 12, and the facility shall maintain the data in
accordance with the provisions of chapter 13.
Sec. 24. [611A.372] [DUTIES OF THE DIRECTOR.]
In addition to any other duties imposed by law, the
director, with the approval of the commissioner of public
safety, shall:
(1) supervise the administration of per diem payments to
designated shelter facilities;
(2) collect data on shelter facilities;
(3) conduct an annual evaluation of the per diem program;
(4) report to the governor and the legislature on the need
for emergency secure shelter; and
(5) develop an application process for shelter facilities
to follow in seeking reimbursement under the per diem program.
Sec. 25. [611A.373] [PAYMENTS.]
Subdivision 1. [PAYMENT REQUESTS.] Designated shelter
facilities may submit requests for payment monthly based on the
number of persons housed. Upon approval of the request for
payment by the center, payments shall be made directly to
designated shelter facilities from per diem funds on behalf of
women and their children who reside in the shelter facility.
Payments made to a designated shelter facility must not exceed
the annual reserve amount for that facility unless approved by
the director. These payments must not affect the eligibility of
individuals who reside in shelter facilities for public
assistance benefits, except when required by federal law or
regulation.
Subd. 2. [RESERVE AMOUNT.] The center shall calculate
annually the reserve amount for each designated shelter
facility. This calculation may be based upon program type,
average occupancy rates, and licensed capacity limits. The
total of all reserve amounts shall not exceed the legislative
per diem appropriation.
Sec. 26. [611A.375] [APPEAL PROCESS.]
(a) Except as provided in paragraph (b), a designated
shelter facility may, within 30 days after receiving a decision
by the center to deny payment, request reconsideration. A
designated shelter facility which is denied payment upon
reconsideration is entitled to a contested case hearing within
the meaning of chapter 14.
(b) A facility may not appeal a decision by the center to
deny payments in excess of the facility's reserve amount.
Sec. 27. Minnesota Statutes 1999 Supplement, section
626.558, subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT OF THE TEAM.] A county shall
establish a multidisciplinary child protection team that may
include, but not be limited to, the director of the local
welfare agency or designees, the county attorney or designees,
the county sheriff or designees, representatives of health and
education, representatives of mental health or other appropriate
human service or community-based agencies, and parent groups.
As used in this section, a "community-based agency" may include,
but is not limited to, schools, social service agencies, family
service and mental health collaboratives, early childhood and
family education programs, Head Start, or other agencies serving
children and families. A member of the team must be designated
as the lead person of the team responsible for the planning
process to develop standards for its activities with battered
women's and domestic abuse programs and services.
Sec. 28. Minnesota Statutes 1998, section 629.342,
subdivision 2, is amended to read:
Subd. 2. [POLICIES REQUIRED.] (a) By July 1, 1993, each
law enforcement agency shall develop, adopt, and implement a
written policy regarding arrest procedures for domestic abuse
incidents. In the development of a policy, each law enforcement
agency shall consult with domestic abuse advocates, community
organizations, and other law enforcement agencies with expertise
in the recognition and handling of domestic abuse incidents.
The policy shall discourage dual arrests, include consideration
of whether one of the parties acted in self defense, and provide
guidance to officers concerning instances in which officers
should remain at the scene of a domestic abuse incident until
the likelihood of further imminent violence has been eliminated.
(b) The bureau of criminal apprehension, the board of peace
officer standards and training, and the battered women's
advisory council on battered women and domestic abuse appointed
by the commissioner of corrections under section 611A.34, in
consultation with the Minnesota chiefs of police association,
the Minnesota sheriffs association, and the Minnesota police and
peace officers association, shall develop a written model policy
regarding arrest procedures for domestic abuse incidents for use
by local law enforcement agencies. Each law enforcement agency
may adopt the model policy in lieu of developing its own policy
under the provisions of paragraph (a).
(c) Local law enforcement agencies that have already
developed a written policy regarding arrest procedures for
domestic abuse incidents before July 1, 1992, are not required
to develop a new policy but must review their policies and
consider the written model policy developed under paragraph (b).
Sec. 29. Minnesota Statutes 1998, section 629.72,
subdivision 6, is amended to read:
Subd. 6. [NOTICE REGARDING RELEASE OF ARRESTED PERSON.]
(a) Immediately after issuance of a citation in lieu of
continued detention under subdivision 1, or the entry of an
order for release under subdivision 2, but before the arrested
person is released, the agency having custody of the arrested
person or its designee must make a reasonable and good faith
effort to inform orally the alleged victim, local law
enforcement agencies known to be involved in the case, if
different from the agency having custody, and, at the victim's
request any local battered women's and domestic abuse programs
established under section 611A.32 or sexual assault programs of:
(1) the conditions of release, if any;
(2) the time of release;
(3) the time, date, and place of the next scheduled court
appearance of the arrested person and the victim's right to be
present at the court appearance; and
(4) if the arrested person is charged with domestic abuse,
the location and telephone number of the area battered women's
shelter as designated by the department of corrections.
(b) As soon as practicable after an order for conditional
release is entered, the agency having custody of the arrested
person or its designee must personally deliver or mail to the
alleged victim a copy of the written order and written notice of
the information in paragraph (a), clauses (2) and (3).
Sec. 30. [EFFECTIVE DATE.]
Article 2 is effective July 1, 2000.
Presented to the governor April 25, 2000
Signed by the governor April 26, 2000, 2:35 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes