1.2relating to public safety; clarifying certain statutory provisions relating to crime
1.3victim rights and programs; providing for a restitution working group;amending
1.4Minnesota Statutes 2012, sections 611A.0315; 611A.036, subdivision 7; 629.72,
1.5subdivisions 1, 2, 6, 7; 629.73; proposing coding for new law in Minnesota
1.6Statutes, chapter 13.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8    Section 1. [13.854] RELEASE OF ARRESTED, DETAINED, OR CONFINED
1.9PERSON; AUTOMATED NOTIFICATION SERVICE.
1.10For requests for notification of change in custody status of an arrested, detained, or
1.11confined person from the Department of Corrections or other custodial authority made
1.12through an automated electronic notification system, all identifying information regarding
1.13the person requesting notification and that the notice was requested and provided to that
1.14person by the automated system is classified as private data on individuals as defined in
1.15section 13.02, subdivision 12, and is accessible only to that person.

1.16    Sec. 2. Minnesota Statutes 2012, section 611A.0315, is amended to read:
1.17611A.0315 VICTIM NOTIFICATION; DOMESTIC ASSAULT; CRIMINAL
1.18SEXUAL CONDUCT; HARASSMENT STALKING.
1.19    Subdivision 1. Notice of decision not to prosecute. (a) A prosecutor shall make
1.20every reasonable effort to notify a victim of domestic assault, a criminal sexual conduct
1.21offense, or harassment stalking that the prosecutor has decided to decline prosecution of
1.22the case or to dismiss the criminal charges filed against the defendant. Efforts to notify the
1.23victim should include, in order of priority: (1) contacting the victim or a person designated
2.1by the victim by telephone; and (2) contacting the victim by mail. If a suspect is still in
2.2custody, the notification attempt shall be made before the suspect is released from custody.
2.3(b) Whenever a prosecutor dismisses criminal charges against a person accused of
2.4domestic assault, a criminal sexual conduct offense, or harassment stalking, a record
2.5shall be made of the specific reasons for the dismissal. If the dismissal is due to the
2.6unavailability of the witness, the prosecutor shall indicate the specific reason that the
2.7witness is unavailable.
2.8(c) Whenever a prosecutor notifies a victim of domestic assault, criminal sexual
2.9conduct, or harassment stalking under this section, the prosecutor shall also inform the
2.10victim of the method and benefits of seeking an order for protection under section 518B.01
2.11or a restraining order under section 609.748 and that the victim may seek an order without
2.12paying a fee.
2.13    Subd. 2. Definitions. For the purposes of this section, the following terms have
2.14the meanings given them.
2.15(a) "Assault" has the meaning given it in section 609.02, subdivision 10.
2.16(b) "Domestic assault" means an assault committed by the actor against a family or
2.17household member.
2.18(c) "Family or household member" has the meaning given it in section 518B.01,
2.19subdivision 2 .
2.20(d) "Harassment Stalking" means a violation of section 609.749.
2.21(e) "Criminal sexual conduct offense" means a violation of sections 609.342 to
2.22609.3453 .

2.23    Sec. 3. Minnesota Statutes 2012, section 611A.036, subdivision 7, is amended to read:
2.24    Subd. 7. Definition. As used in this section, "violent crime" means a violation or
2.25attempt to violate any of the following: section 609.185 (murder in the first degree);
2.26609.19 (murder in the second degree); 609.195 (murder in the third degree); 609.20
2.27(manslaughter in the first degree); 609.205 (manslaughter in the second degree); 609.21
2.28(criminal vehicular homicide and injury); 609.221 (assault in the first degree); 609.222
2.29(assault in the second degree); 609.223 (assault in the third degree); 609.2231 (assault
2.30in the fourth degree); 609.2241 (knowing transfer of communicable disease); 609.2242
2.31(domestic assault); 609.2245 (female genital mutilation); 609.2247 (domestic assault
2.32by strangulation); 609.228 (great bodily harm caused by distribution of drugs); 609.23
2.33(mistreatment of persons confined); 609.231 (mistreatment of residents or patients);
2.34609.2325 (criminal abuse); 609.233 (criminal neglect); 609.235 (use of drugs to injure
2.35or facilitate crime); 609.24 (simple robbery); 609.245 (aggravated robbery); 609.25
3.1(kidnapping); 609.255 (false imprisonment); 609.265 (abduction); 609.2661 (murder of
3.2an unborn child in the first degree); 609.2662 (murder of an unborn child in the second
3.3degree); 609.2663 (murder of an unborn child in the third degree); 609.2664 (manslaughter
3.4of an unborn child in the first degree); 609.2665 (manslaughter of an unborn child in the
3.5second degree); 609.267 (assault of an unborn child in the first degree); 609.2671 (assault
3.6of an unborn child in the second degree); 609.2672 (assault of an unborn child in the third
3.7degree); 609.268 (injury or death of an unborn child in commission of a crime); 609.282
3.8(labor trafficking); 609.322 (solicitation, inducement, and promotion of prostitution; sex
3.9trafficking); 609.342 (criminal sexual conduct in the first degree); 609.343 (criminal
3.10sexual conduct in the second degree); 609.344 (criminal sexual conduct in the third
3.11degree); 609.345 (criminal sexual conduct in the fourth degree); 609.3451 (criminal
3.12sexual conduct in the fifth degree); 609.3453 (criminal sexual predatory conduct); 609.352
3.13(solicitation of children to engage in sexual conduct); 609.377 (malicious punishment of a
3.14child); 609.378 (neglect or endangerment of a child); 609.561, subdivision 1, (arson in the
3.15first degree; dwelling); 609.582, subdivision 1, paragraph (a) or (c), (burglary in the first
3.16degree; occupied dwelling or involving an assault); or 609.66, subdivision 1e, paragraph
3.17(b), (drive-by shooting; firing at or toward a person, or an occupied building or motor
3.18vehicle); or 609.749, subdivision 2 (stalking).

3.19    Sec. 4. Minnesota Statutes 2012, section 629.72, subdivision 1, is amended to read:
3.20    Subdivision 1. Definitions. (a) For purposes of this section, the following terms
3.21have the meanings given them.
3.22(b) "Domestic abuse" has the meaning given in section 518B.01, subdivision 2.
3.23(c) "Harassment Stalking" has the meaning given in section 609.749.
3.24(d) "Violation of a domestic abuse no contact order" has the meaning given in
3.25section 629.75.
3.26(e) "Violation of an order for protection" has the meaning given in section 518B.01,
3.27subdivision 14 .

3.28    Sec. 5. Minnesota Statutes 2012, section 629.72, subdivision 2, is amended to read:
3.29    Subd. 2. Judicial review; release; bail. (a) The judge before whom the arrested
3.30person is brought shall review the facts surrounding the arrest and detention of a person
3.31arrested for domestic abuse, harassment stalking, violation of an order for protection, or
3.32violation of a domestic abuse no contact order. The prosecutor or prosecutor's designee
3.33shall present relevant information involving the victim's or the victim's family's account
3.34of the alleged crime to the judge to be considered in determining the arrested person's
4.1release. In making a decision concerning pretrial release conditions of a person arrested
4.2for domestic abuse, harassment stalking, violation of an order for protection, or violation
4.3of a domestic abuse no contact order, the judge shall review the facts of the arrest and
4.4detention of the person and determine whether: (1) release of the person poses a threat to
4.5the alleged victim, another family or household member, or public safety; or (2) there is a
4.6substantial likelihood the person will fail to appear at subsequent proceedings. Before
4.7releasing a person arrested for or charged with a crime of domestic abuse, harassment
4.8 stalking, violation of an order for protection, or violation of a domestic abuse no contact
4.9order, the judge shall make findings on the record, to the extent possible, concerning the
4.10determination made in accordance with the factors specified in clauses (1) and (2).
4.11(b) The judge may impose conditions of release or bail, or both, on the person
4.12to protect the alleged victim or other family or household members and to ensure the
4.13appearance of the person at subsequent proceedings. These conditions may include an
4.14order:
4.15(1) enjoining the person from threatening to commit or committing acts of domestic
4.16abuse or harassment stalking against the alleged victim or other family or household
4.17members or from violating an order for protection or a domestic abuse no contact order;
4.18(2) prohibiting the person from harassing, annoying, telephoning, contacting, or
4.19otherwise communicating with the alleged victim, either directly or indirectly;
4.20(3) directing the person to vacate or stay away from the home of the alleged victim
4.21and to stay away from any other location where the alleged victim is likely to be;
4.22(4) prohibiting the person from possessing a firearm or other weapon specified by
4.23the court;
4.24(5) prohibiting the person from possessing or consuming alcohol or controlled
4.25substances; and
4.26(6) specifying any other matter required to protect the safety of the alleged victim
4.27and to ensure the appearance of the person at subsequent proceedings.
4.28(c) If conditions of release are imposed, the judge shall issue a written order for
4.29conditional release. The court administrator shall immediately distribute a copy of the
4.30order for conditional release to the agency having custody of the arrested person and shall
4.31provide the agency having custody of the arrested person with any available information
4.32on the location of the victim in a manner that protects the victim's safety. Either the court
4.33or its designee or the agency having custody of the arrested person shall serve upon the
4.34defendant a copy of the order. Failure to serve the arrested person with a copy of the order
4.35for conditional release does not invalidate the conditions of release.
5.1(d) If the judge imposes as a condition of release a requirement that the person have
5.2no contact with the alleged victim, the judge may also, on its own motion or that of the
5.3prosecutor or on request of the victim, issue an ex parte temporary restraining order under
5.4section 609.748, subdivision 4, or an ex parte temporary order for protection under section
5.5518B.01, subdivision 7 . Notwithstanding section 518B.01, subdivision 7, paragraph
5.6(b), or 609.748, subdivision 4, paragraph (c), the temporary order is effective until the
5.7defendant is convicted or acquitted, or the charge is dismissed, provided that upon request
5.8the defendant is entitled to a full hearing on the restraining order under section 609.748,
5.9subdivision 5 , or on the order for protection under section 518B.01. The hearing must be
5.10held within seven days of the defendant's request.

5.11    Sec. 6. Minnesota Statutes 2012, section 629.72, subdivision 6, is amended to read:
5.12    Subd. 6. Notice; release of arrested person. (a) Immediately after issuance of a
5.13citation in lieu of continued detention under subdivision 1, or the entry of an order for
5.14release under subdivision 2, but before the arrested person is released, the agency having
5.15custody of the arrested person or its designee must make a reasonable and good faith effort
5.16to inform orally the alleged victim, local law enforcement agencies known to be involved
5.17in the case, if different from the agency having custody, and, at the victim's request any
5.18local battered women's and domestic abuse programs established under section 611A.32
5.19or sexual assault programs of:
5.20(1) the conditions of release, if any;
5.21(2) the time of release;
5.22(3) the time, date, and place of the next scheduled court appearance of the arrested
5.23person and the victim's right to be present at the court appearance; and
5.24(4) if the arrested person is charged with domestic abuse, the location and telephone
5.25number of the area battered women's shelter as designated by the Department of
5.26Corrections Office of Justice Programs in the Department of Public Safety.
5.27(b) As soon as practicable after an order for conditional release is entered, the
5.28agency having custody of the arrested person or its designee must personally deliver or
5.29mail to the alleged victim a copy of the written order and written notice of the information
5.30in paragraph (a), clauses (2) and (3).
5.31(c) All identifying information regarding the victim including, but not limited to, the
5.32notice provided by the custodial authority is classified as private data on individuals as
5.33defined in section 13.02, subdivision 12, and is accessible only to the victim.

5.34    Sec. 7. Minnesota Statutes 2012, section 629.72, subdivision 7, is amended to read:
6.1    Subd. 7. Notice to victim regarding bail hearing. (a) When a person arrested for
6.2or a juvenile detained for domestic assault or harassment stalking is scheduled to be
6.3reviewed under subdivision 2 for release from pretrial detention, the court shall make
6.4a reasonable good faith effort to notify:
6.5 (1) the victim of the alleged crime;
6.6 (2) if the victim is incapacitated or deceased, the victim's family; and
6.7 (3) if the victim is a minor, the victim's parent or guardian.
6.8(b) The notification must include:
6.9(1) the date and approximate time of the review;
6.10(2) the location where the review will occur;
6.11(3) the name and telephone number of a person that can be contacted for additional
6.12information; and
6.13(4) a statement that the victim and the victim's family may attend the review.

6.14    Sec. 8. Minnesota Statutes 2012, section 629.73, is amended to read:
6.15629.73 NOTICE TO CRIME VICTIM; RELEASE OF ARRESTED OR
6.16DETAINED PERSON.
6.17    Subdivision 1. Oral notice. When a person arrested or a juvenile detained for a
6.18crime of violence or an attempted crime of violence is about to be released from pretrial
6.19detention, the agency having custody of the arrested or detained person or its designee
6.20shall make a reasonable and good faith effort before release to inform orally the victim
6.21or, if the victim is incapacitated, the same or next of kin, or if the victim is a minor, the
6.22victim's parent or guardian of the following matters:
6.23(1) the conditions of release, if any;
6.24(2) the time of release;
6.25(3) the time, date, and place of the next scheduled court appearance of the arrested
6.26or detained person and, where applicable, the victim's right to be present at the court
6.27appearance; and
6.28(4) the location and telephone number of the at least one area sexual assault program
6.29 crime victim service provider as designated by the commissioner of corrections Office
6.30of Justice Programs in the Department of Public Safety.
6.31    Subd. 2. Written notice. As soon as practicable after the arrested or detained person
6.32is released, the agency having custody of the arrested or detained person or its designee
6.33must personally deliver or mail to the alleged victim written notice of the information
6.34contained in subdivision 1, clauses (2) and (3).
7.1    Subd. 3. Private data. All identifying information regarding the victim including,
7.2but not limited to, the notice provided by the custodial authority is classified as private
7.3data on individuals as defined in section 13.02, subdivision 12, and is accessible only
7.4to the victim.

7.5    Sec. 9. WORKING GROUP; REPORT.
7.6    Subdivision 1. Direction. By August 1, 2013, the Department of Public Safety shall
7.7convene a working group to study how restitution is currently being requested, ordered,
7.8and collected in Minnesota.
7.9The commissioner of public safety shall invite representatives from the Department
7.10of Corrections, city and county prosecuting agencies, statewide crime victim coalitions,
7.11Minnesota Judicial Branch, county probation departments, Minnesota Association of
7.12Community Corrections Act counties, Minnesota Board of Public Defenders, and other
7.13interested parties to participate in the working group.
7.14The state court administrator's office shall provide to the working group summary
7.15data on the restitution.
7.16    Subd. 2. Duties. The working group must review, assess, and make specific
7.17recommendations with regard to the following areas:
7.18(1) the process by which restitution is requested by victims and ordered by the
7.19court, including procedures used by prosecutors' offices, probation and court services,
7.20and court administration;
7.21(2) the statutory mechanisms for collecting restitution, including the establishment
7.22of payment plans, revenue recapture, and entry of civil judgments;
7.23(3) state and local policies, procedures, and strategies for collecting restitution,
7.24including restitution collection units, designated restitution probation officers, and
7.25department of corrections administrative policies; and
7.26(4) the extent to which data on restitution is collected.
7.27    Subd. 3. Report to legislature. The commissioner of public safety shall file a report
7.28detailing the working group's findings and recommendations with the chairs and ranking
7.29minority members of the house of representatives and senate committees having jurisdiction
7.30over criminal justice policy and funding by January 15, 2015. The report may include
7.31recommendations for legislation designed to improve, in a cost-efficient manner, the right
7.32to restitution granted to victims of crime under Minnesota Statues, section 611A.04.