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 13.871, subdivision 5; 611A.0315; 611A.036,
1.5subdivision 7; 629.72, subdivisions 1, 1a, 2, 6, 7; 629.73; proposing coding for
1.6new law in Minnesota Statutes, 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.
1.10This section applies to requests for notification of change in custody status of
1.11an arrested, detained, or confined person from the Department of Corrections or other
1.12custodial authority made through an automated electronic notification system. Data on an
1.13individual requesting notification and the notice provided by the automated system are
1.14private data on individuals and are accessible only to that individual.

1.15    Sec. 2. Minnesota Statutes 2012, section 13.871, subdivision 5, is amended to read:
1.16    Subd. 5. Crime victims. (a) Crime victim notice of release. Data on crime victims
1.17who request notice of an offender's release are classified under section 611A.06.
1.18(b) Sex offender HIV tests. Results of HIV tests of sex offenders under section
1.19611A.19, subdivision 2 , are classified under that section.
1.20(c) Battered women. Data on battered women maintained by grantees for
1.21emergency shelter and support services for battered women are governed by section
1.22611A.32, subdivision 5 .
1.23(d) Victims of domestic abuse. Data on battered women and victims of domestic
1.24abuse maintained by grantees and recipients of per diem payments for emergency shelter
2.1for battered women and support services for battered women and victims of domestic
2.2abuse are governed by sections 611A.32, subdivision 5, and 611A.371, subdivision 3.
2.3(e) Personal history; internal auditing. Certain personal history and internal
2.4auditing data is classified by section 611A.46.
2.5(f) Crime victim claims for reparations. Claims and supporting documents filed
2.6by crime victims seeking reparations are classified under section 611A.57, subdivision 6.
2.7(g) Crime Victim Oversight Act. Data maintained by the commissioner of public
2.8safety under the Crime Victim Oversight Act are classified under section 611A.74,
2.9subdivision 2 .
2.10(h) Victim identity data. Data relating to the identity of the victims of certain
2.11criminal sexual conduct is governed by section 609.3471.
2.12(i) Victim notification. Data on victims requesting a notice of release of an arrested
2.13or detained person are classified under sections 629.72 and 629.73.

2.14    Sec. 3. Minnesota Statutes 2012, section 611A.0315, is amended to read:
2.15611A.0315 VICTIM NOTIFICATION; DOMESTIC ASSAULT; CRIMINAL
2.16SEXUAL CONDUCT; HARASSMENT STALKING.
2.17    Subdivision 1. Notice of decision not to prosecute. (a) A prosecutor shall make
2.18every reasonable effort to notify a victim of domestic assault, a criminal sexual conduct
2.19offense, or harassment stalking that the prosecutor has decided to decline prosecution of
2.20the case or to dismiss the criminal charges filed against the defendant. Efforts to notify the
2.21victim should include, in order of priority: (1) contacting the victim or a person designated
2.22by the victim by telephone; and (2) contacting the victim by mail. If a suspect is still in
2.23custody, the notification attempt shall be made before the suspect is released from custody.
2.24(b) Whenever a prosecutor dismisses criminal charges against a person accused of
2.25domestic assault, a criminal sexual conduct offense, or harassment stalking, a record
2.26shall be made of the specific reasons for the dismissal. If the dismissal is due to the
2.27unavailability of the witness, the prosecutor shall indicate the specific reason that the
2.28witness is unavailable.
2.29(c) Whenever a prosecutor notifies a victim of domestic assault, criminal sexual
2.30conduct, or harassment stalking under this section, the prosecutor shall also inform the
2.31victim of the method and benefits of seeking an order for protection under section 518B.01
2.32or a restraining order under section 609.748 and that the victim may seek an order without
2.33paying a fee.
2.34    Subd. 2. Definitions. For the purposes of this section, the following terms have
2.35the meanings given them.
3.1(a) "Assault" has the meaning given it in section 609.02, subdivision 10.
3.2(b) "Domestic assault" means an assault committed by the actor against a family or
3.3household member.
3.4(c) "Family or household member" has the meaning given it in section 518B.01,
3.5subdivision 2 .
3.6(d) "Harassment Stalking" means a violation of section 609.749.
3.7(e) "Criminal sexual conduct offense" means a violation of sections 609.342 to
3.8609.3453 .

3.9    Sec. 4. Minnesota Statutes 2012, section 611A.036, subdivision 7, is amended to read:
3.10    Subd. 7. Definition. As used in this section, "violent crime" means a violation or
3.11attempt to violate any of the following: section 609.185 (murder in the first degree);
3.12609.19 (murder in the second degree); 609.195 (murder in the third degree); 609.20
3.13(manslaughter in the first degree); 609.205 (manslaughter in the second degree); 609.21
3.14(criminal vehicular homicide and injury); 609.221 (assault in the first degree); 609.222
3.15(assault in the second degree); 609.223 (assault in the third degree); 609.2231 (assault
3.16in the fourth degree); 609.2241 (knowing transfer of communicable disease); 609.2242
3.17(domestic assault); 609.2245 (female genital mutilation); 609.2247 (domestic assault
3.18by strangulation); 609.228 (great bodily harm caused by distribution of drugs); 609.23
3.19(mistreatment of persons confined); 609.231 (mistreatment of residents or patients);
3.20609.2325 (criminal abuse); 609.233 (criminal neglect); 609.235 (use of drugs to injure
3.21or facilitate crime); 609.24 (simple robbery); 609.245 (aggravated robbery); 609.25
3.22(kidnapping); 609.255 (false imprisonment); 609.265 (abduction); 609.2661 (murder of
3.23an unborn child in the first degree); 609.2662 (murder of an unborn child in the second
3.24degree); 609.2663 (murder of an unborn child in the third degree); 609.2664 (manslaughter
3.25of an unborn child in the first degree); 609.2665 (manslaughter of an unborn child in the
3.26second degree); 609.267 (assault of an unborn child in the first degree); 609.2671 (assault
3.27of an unborn child in the second degree); 609.2672 (assault of an unborn child in the third
3.28degree); 609.268 (injury or death of an unborn child in commission of a crime); 609.282
3.29(labor trafficking); 609.322 (solicitation, inducement, and promotion of prostitution; sex
3.30trafficking); 609.342 (criminal sexual conduct in the first degree); 609.343 (criminal
3.31sexual conduct in the second degree); 609.344 (criminal sexual conduct in the third
3.32degree); 609.345 (criminal sexual conduct in the fourth degree); 609.3451 (criminal
3.33sexual conduct in the fifth degree); 609.3453 (criminal sexual predatory conduct); 609.352
3.34(solicitation of children to engage in sexual conduct); 609.377 (malicious punishment of a
3.35child); 609.378 (neglect or endangerment of a child); 609.561, subdivision 1, (arson in the
4.1first degree; dwelling); 609.582, subdivision 1, paragraph (a) or (c), (burglary in the first
4.2degree; occupied dwelling or involving an assault); or 609.66, subdivision 1e, paragraph
4.3(b), (drive-by shooting; firing at or toward a person, or an occupied building or motor
4.4vehicle); or 609.749, subdivision 2 (stalking).

4.5    Sec. 5. Minnesota Statutes 2012, section 629.72, subdivision 1, is amended to read:
4.6    Subdivision 1. Definitions. (a) For purposes of this section, the following terms
4.7have the meanings given them.
4.8(b) "Domestic abuse" has the meaning given in section 518B.01, subdivision 2.
4.9(c) "Harassment Stalking" has the meaning given in section 609.749.
4.10(d) "Violation of a domestic abuse no contact order" has the meaning given in
4.11section 629.75.
4.12(e) "Violation of an order for protection" has the meaning given in section 518B.01,
4.13subdivision 14 .

4.14    Sec. 6. Minnesota Statutes 2012, section 629.72, subdivision 1a, is amended to read:
4.15    Subd. 1a. Detention in lieu of citation; release. (a) Notwithstanding any other law
4.16or rule, an arresting officer may not issue a citation in lieu of arrest and detention to an
4.17individual charged with harassment stalking, domestic abuse, violation of an order for
4.18protection, or violation of a domestic abuse no contact order.
4.19(b) Notwithstanding any other law or rule, an individual who is arrested on a charge
4.20of harassing stalking any person, domestic abuse, violation of an order for protection, or
4.21violation of a domestic abuse no contact order, must be brought to the police station or
4.22county jail. The officer in charge of the police station or the county sheriff in charge of
4.23the jail shall issue a citation in lieu of continued detention unless it reasonably appears to
4.24the officer or sheriff that release of the person (1) poses a threat to the alleged victim or
4.25another family or household member, (2) poses a threat to public safety, or (3) involves a
4.26substantial likelihood the arrested person will fail to appear at subsequent proceedings.
4.27(c) If the arrested person is not issued a citation by the officer in charge of the police
4.28station or the county sheriff, the arrested person must be brought before the nearest
4.29available judge of the district court in the county in which the alleged harassment stalking,
4.30domestic abuse, violation of an order for protection, or violation of a domestic abuse no
4.31contact order took place without unnecessary delay as provided by court rule.

4.32    Sec. 7. Minnesota Statutes 2012, section 629.72, subdivision 2, is amended to read:
5.1    Subd. 2. Judicial review; release; bail. (a) The judge before whom the arrested
5.2person is brought shall review the facts surrounding the arrest and detention of a person
5.3arrested for domestic abuse, harassment stalking, violation of an order for protection, or
5.4violation of a domestic abuse no contact order. The prosecutor or prosecutor's designee
5.5shall present relevant information involving the victim's or the victim's family's account
5.6of the alleged crime to the judge to be considered in determining the arrested person's
5.7release. In making a decision concerning pretrial release conditions of a person arrested
5.8for domestic abuse, harassment stalking, violation of an order for protection, or violation
5.9of a domestic abuse no contact order, the judge shall review the facts of the arrest and
5.10detention of the person and determine whether: (1) release of the person poses a threat to
5.11the alleged victim, another family or household member, or public safety; or (2) there is a
5.12substantial likelihood the person will fail to appear at subsequent proceedings. Before
5.13releasing a person arrested for or charged with a crime of domestic abuse, harassment
5.14 stalking, violation of an order for protection, or violation of a domestic abuse no contact
5.15order, the judge shall make findings on the record, to the extent possible, concerning the
5.16determination made in accordance with the factors specified in clauses (1) and (2).
5.17(b) The judge may impose conditions of release or bail, or both, on the person
5.18to protect the alleged victim or other family or household members and to ensure the
5.19appearance of the person at subsequent proceedings. These conditions may include an
5.20order:
5.21(1) enjoining the person from threatening to commit or committing acts of domestic
5.22abuse or harassment stalking against the alleged victim or other family or household
5.23members or from violating an order for protection or a domestic abuse no contact order;
5.24(2) prohibiting the person from harassing, annoying, telephoning, contacting, or
5.25otherwise communicating with the alleged victim, either directly or indirectly;
5.26(3) directing the person to vacate or stay away from the home of the alleged victim
5.27and to stay away from any other location where the alleged victim is likely to be;
5.28(4) prohibiting the person from possessing a firearm or other weapon specified by
5.29the court;
5.30(5) prohibiting the person from possessing or consuming alcohol or controlled
5.31substances; and
5.32(6) specifying any other matter required to protect the safety of the alleged victim
5.33and to ensure the appearance of the person at subsequent proceedings.
5.34(c) If conditions of release are imposed, the judge shall issue a written order for
5.35conditional release. The court administrator shall immediately distribute a copy of the
5.36order for conditional release to the agency having custody of the arrested person and shall
6.1provide the agency having custody of the arrested person with any available information
6.2on the location of the victim in a manner that protects the victim's safety. Either the court
6.3or its designee or the agency having custody of the arrested person shall serve upon the
6.4defendant a copy of the order. Failure to serve the arrested person with a copy of the order
6.5for conditional release does not invalidate the conditions of release.
6.6(d) If the judge imposes as a condition of release a requirement that the person have
6.7no contact with the alleged victim, the judge may also, on its own motion or that of the
6.8prosecutor or on request of the victim, issue an ex parte temporary restraining order under
6.9section 609.748, subdivision 4, or an ex parte temporary order for protection under section
6.10518B.01, subdivision 7 . Notwithstanding section 518B.01, subdivision 7, paragraph
6.11(b), or 609.748, subdivision 4, paragraph (c), the temporary order is effective until the
6.12defendant is convicted or acquitted, or the charge is dismissed, provided that upon request
6.13the defendant is entitled to a full hearing on the restraining order under section 609.748,
6.14subdivision 5 , or on the order for protection under section 518B.01. The hearing must be
6.15held within seven days of the defendant's request.

6.16    Sec. 8. Minnesota Statutes 2012, section 629.72, subdivision 6, is amended to read:
6.17    Subd. 6. Notice; release of arrested person. (a) Immediately after issuance of a
6.18citation in lieu of continued detention under subdivision 1, or the entry of an order for
6.19release under subdivision 2, but before the arrested person is released, the agency having
6.20custody of the arrested person or its designee must make a reasonable and good faith effort
6.21to inform orally the alleged victim, local law enforcement agencies known to be involved
6.22in the case, if different from the agency having custody, and, at the victim's request any
6.23local battered women's and domestic abuse programs established under section 611A.32
6.24or sexual assault programs of:
6.25(1) the conditions of release, if any;
6.26(2) the time of release;
6.27(3) the time, date, and place of the next scheduled court appearance of the arrested
6.28person and the victim's right to be present at the court appearance; and
6.29(4) if the arrested person is charged with domestic abuse, the location and telephone
6.30number of the area battered women's shelter as designated by the Department of
6.31Corrections Office of Justice Programs in the Department of Public Safety.
6.32(b) As soon as practicable after an order for conditional release is entered, the
6.33agency having custody of the arrested person or its designee must personally deliver or
6.34mail to the alleged victim a copy of the written order and written notice of the information
6.35in paragraph (a), clauses (2) and (3).
7.1(c) Data on the victim and the notice provided by the custodial authority are private
7.2data on individuals as defined in section 13.02, subdivision 12, and are accessible only
7.3to the victim.

7.4    Sec. 9. Minnesota Statutes 2012, section 629.72, subdivision 7, is amended to read:
7.5    Subd. 7. Notice to victim regarding bail hearing. (a) When a person arrested for
7.6or a juvenile detained for domestic assault or harassment stalking is scheduled to be
7.7reviewed under subdivision 2 for release from pretrial detention, the court shall make
7.8a reasonable good faith effort to notify:
7.9 (1) the victim of the alleged crime;
7.10 (2) if the victim is incapacitated or deceased, the victim's family; and
7.11 (3) if the victim is a minor, the victim's parent or guardian.
7.12(b) The notification must include:
7.13(1) the date and approximate time of the review;
7.14(2) the location where the review will occur;
7.15(3) the name and telephone number of a person that can be contacted for additional
7.16information; and
7.17(4) a statement that the victim and the victim's family may attend the review.

7.18    Sec. 10. Minnesota Statutes 2012, section 629.73, is amended to read:
7.19629.73 NOTICE TO CRIME VICTIM; RELEASE OF ARRESTED OR
7.20DETAINED PERSON.
7.21    Subdivision 1. Oral notice. When a person arrested or a juvenile detained for a
7.22crime of violence or an attempted crime of violence is about to be released from pretrial
7.23detention, the agency having custody of the arrested or detained person or its designee
7.24shall make a reasonable and good faith effort before release to inform orally the victim
7.25or, if the victim is incapacitated, the same or next of kin, or if the victim is a minor, the
7.26victim's parent or guardian of the following matters:
7.27(1) the conditions of release, if any;
7.28(2) the time of release;
7.29(3) the time, date, and place of the next scheduled court appearance of the arrested
7.30or detained person and, where applicable, the victim's right to be present at the court
7.31appearance; and
7.32(4) the location and telephone number of the at least one area sexual assault program
7.33 crime victim service provider as designated by the commissioner of corrections Office
7.34of Justice Programs in the Department of Public Safety.
8.1    Subd. 2. Written notice. As soon as practicable after the arrested or detained person
8.2is released, the agency having custody of the arrested or detained person or its designee
8.3must personally deliver or mail to the alleged victim written notice of the information
8.4contained in subdivision 1, clauses (2) and (3).
8.5    Subd. 3. Data. Data on the victim and the notice provided by the custodial authority
8.6are private data on individuals as defined in section 13.02, subdivision 12, and are
8.7accessible only to the victim.

8.8    Sec. 11. WORKING GROUP; REPORT.
8.9    Subdivision 1. Direction. By August 1, 2013, the Department of Public Safety shall
8.10convene a working group to study how restitution is currently being requested, ordered,
8.11and collected in Minnesota.
8.12The commissioner of public safety shall invite representatives from the Department
8.13of Corrections, city and county prosecuting agencies, statewide crime victim coalitions,
8.14Minnesota Judicial Branch, county probation departments, Minnesota Association of
8.15Community Corrections Act counties, Minnesota Board of Public Defenders, and other
8.16interested parties to participate in the working group.
8.17The state court administrator's office shall provide to the working group summary
8.18data on the restitution.
8.19    Subd. 2. Duties. The working group must review, assess, and make specific
8.20recommendations with regard to the following areas:
8.21(1) the process by which restitution is requested by victims and ordered by the
8.22court, including procedures used by prosecutors' offices, probation and court services,
8.23and court administration;
8.24(2) the statutory mechanisms for collecting restitution, including the establishment
8.25of payment plans, revenue recapture, and entry of civil judgments;
8.26(3) state and local policies, procedures, and strategies for collecting restitution,
8.27including restitution collection units, designated restitution probation officers, and
8.28department of corrections administrative policies; and
8.29(4) the extent to which data on restitution is collected.
8.30    Subd. 3. Report to legislature. The commissioner of public safety shall file a report
8.31detailing the working group's findings and recommendations with the chairs and ranking
8.32minority members of the house of representatives and senate committees having jurisdiction
8.33over criminal justice policy and funding by January 15, 2015. The report may include
8.34recommendations for legislation designed to improve, in a cost-efficient manner, the right
8.35to restitution granted to victims of crime under Minnesota Statues, section 611A.04.