piers109uk/MN-Statutes huggingface dataset:
611.33 QUALIFIED INTERPRETER.
No person shall be appointed as a qualified interpreter pursuant to sections 611.30 to 611.34 unless said person is readily able to communicate with the disabled person, translate the proceedings for the disabled person, and accurately repeat and translate the statements of the disabled person to the officials before whom the proceeding is taking place.
Every qualified interpreter appointed pursuant to the provisions of sections 611.30 to 611.34, before entering upon duties as such, shall take an oath, to make to the best of the interpreter's skill and judgment a true interpretation to the disabled person being examined of all the proceedings, in a language which said person understands, and to repeat the statements, in the English language, of said person to the court or other officials before whom the proceeding is taking place.
The fees and expenses of a qualified interpreter shall be fixed and ordered paid by the presiding official before whom the proceeding is taking place. The fees and expenses must be paid by the state courts. Payment for any activities requiring interpreter services on behalf of law enforcement, the Board of Public Defense, prosecutors, or corrections agents other than court appearances is the responsibility of the agency that requested the services.
An interpreter pursuant to sections 611.30 to 611.34 shall not, without the consent of the person disabled in communication, be allowed to disclose any privileged communication made by the person or any privileged information gathered from the person which was communicated or gathered during the time of service as an interpreter.
611.34 APPLICABILITY TO ALL COURTS.
The provisions of sections 611.30 to 611.34 shall apply to all courts in this state and political subdivisions thereof.
631.461 IMPRISONMENT; COUNTY JAIL; ALTERNATIVES.
(a) When a sentence for an offense includes imprisonment in a county jail, the court may sentence the offender to imprisonment in a workhouse or correctional or work farm if there is one in the county where the offender is tried or where the offense was committed. If not, the court may sentence the offender to imprisonment in a workhouse or correctional or work farm in any county in this state. However, the county board of the county where the offender is tried shall have some agreement for the receipt, maintenance, and confinement of inmates with the county where the offender has been sentenced to imprisonment. The place of imprisonment must be specified in the sentence. Inmates may be removed from one place of confinement to another as provided by statute.
(b) If a court orders or a sheriff permits an offender to serve any portion of the offender's sentence on electronic surveillance, the court or sheriff may require that the offender be kept in custody, or that the offender's probation agent directly supervise the offender until electronic surveillance is activated.
(c) It is the responsibility of the offender placed on electronic surveillance to ensure that the offender's residence is properly equipped and the offender's telecommunications system is properly configured to support electronic surveillance prior to being released from custody or the direct supervision of a probation agent. An offender who fails to comply with this paragraph may be found in violation of the offender's conditions of release after a revocation hearing.
611.35 REIMBURSEMENT OF APPOINTED COUNSEL.
Any person who is represented by appointed counsel shall, if financially able to pay, reimburse the governmental unit chargeable with the compensation of appointed counsel for the actual costs to the governmental unit in providing the services of the appointed counsel. The court in hearing such matter shall ascertain the amount of such costs to be charged to the defendant and shall direct reimbursement over a period of not to exceed six months, unless the court for good cause shown shall extend the period of reimbursement. If a term of probation is imposed as a part of a sentence, reimbursement of costs as required by this chapter must not be made a condition of probation. Reimbursement of costs as required by this chapter is a civil obligation and must not be made a condition of a criminal sentence.
The county attorney may commence a civil action to recover such cost remaining unpaid at the expiration of six months unless the court has extended the reimbursement period and shall, if it appears that such recipient of appointed counsel services is about to leave the jurisdiction of the court or sell or otherwise dispose of assets out of which reimbursement may be obtained, commence such action forthwith. The county attorney may compromise and settle any claim for reimbursement with the approval of the court which heard the matter. No determination or action shall be taken later than two years after the termination of the duties of the appointed counsel.
611A.37 DEFINITIONS.
For purposes of sections 611A.371 to 611A.375, the terms defined have the meanings given them unless otherwise provided or indicated by the context.
"Director" means the director of the Office of Justice Programs in the Department of Public Safety or a designee.
"Office" means the Office of Justice Programs in the Department of Public Safety.
"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.
"Designated shelter facility" means a facility that has applied to, and been approved by, the Office of Justice Programs to provide shelter and services to battered women and their children.
MS 2002 [Repealed, 2002 c 220 art 7 s 33]
MS 2002 [Repealed, 2002 c 220 art 7 s 33]
"Battered woman" has the meaning given in section 611A.31, subdivision 2.
611.362 CLAIM FOR COMPENSATION BASED ON EXONERATION.
A person who receives an order under section 590.11 determining that the person is entitled to compensation based on exoneration may bring a claim for an award under sections 611.362 to 611.368.
The state must be named as the respondent. A claimant shall serve the claim and all documents on the state through the commissioner of management and budget and file the claim with the supreme court. The claim must include a copy of the order from the district court under section 590.11, subdivision 7. The state shall respond to the claim within 60 days after service. In all matters under sections 611.362 to 611.368, legal representation for the state shall be provided by either the attorney general or legal counsel for the Department of Management and Budget.
If the person entitled to file a claim is incapacitated and incapable of filing the claim or is a minor or nonresident of the state, the claim may be filed on behalf of the claimant by a court-appointed guardian, the parent or guardian of a minor, or an authorized agent.
A claimant must commence a claim under this section within 60 days after the date the order was issued under section 590.11, subdivision 7, provided that if the person did not receive the notice required under section 590.11, subdivision 7, the person may commence a claim within three years of that date. An action by the state challenging or appealing the order under section 590.11 tolls the time in which a claim must be commenced.
611A.371 PROGRAM OPERATION.
The purpose of the grant 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. Grant funding may not be used for other purposes.
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.
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.
611.363 COMPENSATION PANEL.
Within 30 business days after the claim is filed with the supreme court, the chief justice of the supreme court shall appoint a compensation panel of three attorneys or judges who are responsible for determining the amount of damages to be awarded. Members of the panel must have experience in legal issues involving the settlement of tort claims and the determination of damages.
(a) Members of the panel are entitled to the compensation authorized for members of boards under section 15.0575, subdivision 3.
(b) Consistent with sections 611.362 to 611.368, the panel may establish procedures, rules, and forms for considering claims and awarding damages.
The state court administrator shall forward documentation of expenses and administrative costs of the panel to the commissioner of management and budget for payment of those amounts from appropriations available for this purpose.
611A.372 DUTIES OF 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 grant payments to designated shelter facilities;
(2) collect data on shelter facilities;
(3) conduct an annual evaluation of the grant program;
(4) report to the governor and the legislature on the need for emergency secure shelter;
(5) develop an application process for shelter facilities to follow in seeking reimbursement under the grant program; and
(6) adopt rules to implement and administer sections 611A.37 to 611A.375.
611.364 PREHEARING SETTLEMENTS AND HEARING.
The panel may set a prehearing settlement conference date. At this conference, the parties must make a good faith attempt to reach a settlement in the case. If the parties agree, they may present the panel with a joint motion for summary disposition and no further hearings are required. If a settlement document is approved by the panel, it has the same effect as an award under section 611.365, for all purposes of that section.
(a) If the parties are unable to reach a settlement, the panel must hold an evidentiary hearing to determine the amount of damages to be awarded to the claimant. The panel may consider any evidence and argument submitted by the parties, including affidavits, documentation, and oral and written arguments. The panel is bound by any fact or damage amount established by the stipulation of the parties.
(b) Hearings and records relating to the hearing are open to the public, except where, in the interest of justice, the panel orders a hearing closed or a record sealed.
611A.373 PAYMENTS.
Payments to designated shelter facilities must be in the form of a grant. Designated shelter facilities may submit requests for payment monthly based on their expenses. The process for the submission of payments and for the submission of requests may be established by the director. Upon approval of the request for payment by the office, payments shall be made directly to designated shelter facilities from grant 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 grant 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.
The office shall calculate the grant 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 grant amounts shall not exceed the legislative appropriation.
Shelter facilities must comply with reporting requirements and any other measures imposed by the Office of Justice Programs in the Department of Public Safety to improve accountability and program outcomes including, but not limited to, information on all restricted or unrestricted fund balances.
611.366 JUDICIAL REVIEW.
A party aggrieved by an award of damages under section 611.365 is entitled to judicial review of the decision as provided in sections 14.63 to 14.69; however, proceedings on a complaint filed under this section are not a contested case within the meaning of chapter 14 and are not otherwise governed by chapter 14.
611A.45 PROGRAMS FOR VICTIMS OF CRIME.
The commissioner of public safety shall award grants to programs which provide support services to victims of crime.
Any public or private nonprofit agency may apply to the commissioner for a grant to provide services to victims of crime. The application shall be submitted in a form approved by the commissioner.
Every public or private nonprofit agency which receives a grant to provide services to victims of crime shall comply with rules of the commissioner related to the administration of the grant programs.
631.471 PROTECTING INMATES; CERTAIN FORFEITURES ABOLISHED.
An inmate sentenced to imprisonment is under the protection of the law, and an unauthorized injury to the inmate's person is punishable just as if the inmate were not convicted or sentenced. A conviction for a crime does not work a forfeiture of real or personal property or of any right or interest in property. Forfeitures in the nature of deodands, or in a case of suicide, or where a person flees from justice, are abolished.
611.367 COMPENSATING EXONERATED PERSONS; APPROPRIATIONS PROCESS.
The compensation panel established in section 611.363 shall forward an award of damages under section 611.365 to the commissioner of management and budget. The commissioner shall submit the amount of the award to the legislature for consideration as an appropriation.
611A.46 CLASSIFICATION OF DATA.
(a) Personal history information and other information collected, used, and maintained by an Office of Justice Programs in the Department of Public Safety grantee from which the identity and location of any crime victim may be determined are 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.
(b) Personal history data and other information collected, used, and maintained by the Office of Justice Programs in the Department of Public Safety from which the identity and location of any victim may be determined are private data on individuals as defined in section 13.02, subdivision 12.
(c) Internal auditing data shall be classified as provided by section 13.392.
611.368 SHORT TITLE.
Sections 611.362 to 611.368 shall be cited as the "Incarceration and Exoneration Remedies Act."
611A.55 CRIME VICTIMS REIMBURSEMENT BOARD.
There is created in the Department of Public Safety, for budgetary and administrative purposes, the Crime Victims Reimbursement Board, which shall consist of five members appointed by the commissioner of public safety. One of the members shall be designated as chair by the commissioner of public safety and serve as such at the commissioner's pleasure. At least one member shall be a medical or osteopathic physician licensed to practice in this state, and at least one member shall be a victim, as defined in section 611A.01.
The membership terms, compensation, removal of members, and filling of vacancies on the board shall be as provided in section 15.0575.
Members of the board shall serve part time.
611A.612 CRIME VICTIMS ACCOUNT.
A crime victim account is established as a special account in the state treasury. Amounts collected by the state under section 611A.61, paid to the Crime Victims Reimbursement Board under section 611A.04, subdivision 1a, or amounts deposited by the court under section 611A.04, subdivision 5, shall be credited to this account. Money credited to this account is annually appropriated to the Department of Public Safety for use for crime victim reimbursement under sections 611A.51 to 611A.67.
611.40 APPLICABILITY.
Notwithstanding Rules of Criminal Procedure, rule 20.01, sections 611.40 to 611.59 shall govern the proceedings for adults when competency to stand trial is at issue. This section does not apply to juvenile courts. A competency examination ordered under Rules of Criminal Procedure, rule 20.04, must follow the procedure in section 611.43.
629.364 ARRESTS FOR SWINDLING.
(a) The following persons shall arrest, with or without a warrant, a person found committing an offense described in section 609.52, subdivision 2, paragraph (a), clause (4):
(1) a conductor or other employee on a railway car or train;
(2) a captain, clerk, or other employee on a boat;
(3) a station agent at a depot;
(4) an officer of a fair or fairground; or
(5) a proprietor or employee of a public resort.
(b) A person not required to make an arrest under paragraph (a) may arrest, with or without a warrant, a person found committing an offense described in section 609.52, subdivision 2, paragraph (a), clause (4).
(c) A person making an arrest under paragraph (a) or (b) shall take the arrested person to the proper law enforcement authorities and have a written complaint issued against that person. A person making an arrest under paragraph (a) or (b) has the same authority in all respects as a peace officer with a warrant, including the power to summon assistance. The person shall also arrest the person injured by reason of the offense, and take that person before a court, which shall require that person to give security for appearance as a witness on trial of the case.
(d) A victim of an offense described in section 609.52 who testifies at trial against the person arrested for the offense shall receive the fee for travel and attendance provided in section 357.24.
624.20 FIREWORKS.
(a) As used in sections 624.20 to 624.25, the term "fireworks" means any substance or combination of substances or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration, or detonation, and includes blank cartridges, toy cannons, and toy canes in which explosives are used, the type of balloons which require fire underneath to propel them, firecrackers, torpedoes, skyrockets, Roman candles, daygo bombs, sparklers other than those specified in paragraph (c), or other fireworks of like construction, and any fireworks containing any explosive or inflammable compound, or any tablets or other device containing any explosive substance and commonly used as fireworks.
(b) The term "fireworks" shall not include toy pistols, toy guns, in which paper caps containing 25/100 grains or less of explosive compound are used and toy pistol caps which contain less than 20/100 grains of explosive mixture.
(c) The term also does not include wire or wood sparklers of not more than 100 grams of mixture per item, other sparkling items which are nonexplosive and nonaerial and contain 75 grams or less of chemical mixture per tube or a total of 500 grams or less for multiple tubes, snakes and glow worms, smoke devices, or trick noisemakers which include paper streamers, party poppers, string poppers, snappers, and drop pops, each consisting of not more than twenty-five hundredths grains of explosive mixture. The use of items listed in this paragraph is not permitted on public property. This paragraph does not authorize the purchase of items listed in it by persons younger than 18 years of age. The age of a purchaser of items listed in this paragraph must be verified by photographic identification.
(d) A local unit of government may impose an annual license fee for the retail sale of items authorized under paragraph (c). The annual license fee of each retail seller that is in the business of selling only the items authorized under paragraph (c) may not exceed $350, and the annual license of each other retail seller may not exceed $100. A local unit of government may not:
(1) impose any fee or charge, other than the fee authorized by this paragraph, on the retail sale of items authorized under paragraph (c);
(2) prohibit or restrict the display of items for permanent or temporary retail sale authorized under paragraph (c) that comply with National Fire Protection Association Standard 1124 (2003 edition); or
(3) impose on a retail seller any financial guarantee requirements, including bonding or insurance provisions, containing restrictions or conditions not imposed on the same basis on all other business licensees.
As used in sections 624.20 to 624.25, the term "explosive fireworks" means any fireworks that contain pyrotechnic or flash powder, gunpowder, black powder, or any other explosive compound constructed to produce detonation or deflagration.
624.21 SALE, POSSESSION, AND USE OF FIREWORKS PROHIBITED.
Except as otherwise provided in sections 624.20 to 624.25, it shall be unlawful for any person to offer for sale, expose for sale, sell at retail or wholesale, possess, advertise, use, or explode any fireworks. This section shall not be construed to prohibit the possession, use, or explosion of fireworks by an engineer licensed pursuant to sections 326.02 and 326.03 or a person under the engineer's direct supervision when undertaking acoustical testing; or sales at wholesale to those persons holding valid permits for a fireworks display from a governmental subdivision of the state; or sales outside the state or sales to licensed professional engineers for acoustical testing purposes only.
611.44 CONTESTED HEARING PROCEDURES.
(a) The prosecutor or defense counsel may request a hearing on the court examiner's competency report by filing a written objection no later than ten days after the report is filed.
(b) A hearing shall be held as soon as possible but no longer than 30 days after the request, unless extended by agreement of the prosecutor and defense counsel, or by the court for good cause.
(c) If an independent court examiner is retained, the hearing may be continued up to 14 days after the date the independent court examiner's report is filed. The court may continue the hearing for good cause.
(a) The court may admit all relevant and reliable evidence at the competency hearing. The court examiner is considered the court's witness and may be called and questioned by the court, prosecutor, or defense counsel. The report of the court examiner shall be admitted into evidence without further foundation.
(b) Defense counsel may testify, subject to the prosecutor's cross-examination, but shall not violate attorney-client privilege. Testifying does not automatically disqualify defense counsel from continuing to represent the defendant. The court may inquire of defense counsel regarding the attorney-client relationship and the defendant's ability to communicate with counsel. The court shall not require counsel to divulge communications protected by attorney-client privilege, and the prosecutor shall not cross-examine defense counsel concerning responses to the court's inquiry.
If neither party files an objection, the court shall determine the defendant's competency based on the reports of all examiners.
The defendant is presumed incompetent unless the court finds by a preponderance of the evidence that the defendant is competent.
611A.72 CITATION.
Sections 611A.72 to 611A.74 may be cited as the "Crime Victim Oversight Act."
611.45 COMPETENCY FINDINGS.
(a) The court must rule on the defendant's competency to stand trial no more than 14 days after the examiner's report is submitted to the court. If there is a contested hearing, the court must rule no more than 30 days after the date of the hearing.
(b) If the court finds the defendant competent, the court shall enter an order and the criminal proceedings shall resume.
(c) If the court finds the defendant incompetent, the court shall enter a written order and suspend the criminal proceedings. The matter shall proceed under section 611.46.
Appeals under this chapter are governed by Minnesota Rules of Criminal Procedure, rule 28. A verbatim record shall be made in all competency proceedings.
(a) If the court finds the defendant incompetent, and the charge is a misdemeanor other than a targeted misdemeanor, the charge must be dismissed.
(b) In targeted misdemeanor and gross misdemeanor cases, the charges must be dismissed 30 days after the date of the finding of incompetence, unless the prosecutor, before the expiration of the 30-day period, files a written notice of intent to prosecute when the defendant attains competency. If a notice has been filed and the charge is a targeted misdemeanor, charges must be dismissed within one year after the finding of incompetency. If a notice has been filed and the charge is a gross misdemeanor, charges must be dismissed within two years after the finding of incompetency.
(c) In felony cases, except as provided in paragraph (d), the charges must be dismissed three years after the date of the finding of incompetency, unless the prosecutor, before the expiration of the three-year period, files a written notice of intent to prosecute when the defendant attains competency. If a notice has been filed, charges must be dismissed within five years after the finding of incompetency or ten years if the maximum sentence for the crime with which the defendant is charged is ten years or more.
(d) The requirement that felony charges be dismissed under paragraph (c) does not apply if:
(1) the court orders continuing supervision pursuant to section 611.49; or
(2) the defendant is charged with a violation of sections 609.2112 (criminal vehicular homicide); 609.2114, subdivision 1 (criminal vehicular operation, death to an unborn child); 609.2661 (murder of an unborn child in the first degree); 609.2662 (murder of an unborn child in the second degree); 609.2663 (murder of an unborn child in the third degree); 609.2664 (manslaughter of an unborn child in the first degree); or 609.2665 (manslaughter of an unborn child in the second degree); or a crime of violence as defined in section 624.712, subdivision 5, except for a violation of chapter 152.
(e) Nothing in this subdivision requires dismissal of any charge if the court finds the defendant competent and enters an order directing that the criminal proceedings shall resume.
611A.73 DEFINITIONS.
The definitions in this section apply to this section and section 611A.74.
"Appropriate authority" includes anyone who is the subject of a complaint under sections 611A.72 to 611A.74 to the commissioner or anyone within the agency who is in a supervisory position with regard to one who is the subject of a complaint under sections 611A.72 to 611A.74.
"Elements of the criminal justice system" refers to prosecuting attorneys and members of their staff; peace officers; probation and corrections officers; city, state, and county officials involved in the criminal justice system; and does not include the judiciary.
"Victim" has the meaning given in section 611A.01, paragraph (b).
"Victim assistance program" refers to any entity which provides or claims to provide services and assistance to victims on a regular, ongoing basis.
"Commissioner" means the commissioner of public safety.
624.221 EXEMPTIONS FOR LICENSE OR PERMIT HOLDER.
Sections 624.20, 624.21, and 624.23 to 624.25 do not apply to:
(1) the holders of a federal explosives license or permit issued pursuant to United States Code, title 18, chapter 40, or their agents when the holder or agent is acting in compliance with the conditions of licensure; or
(2) the holders of permits issued pursuant to section 624.22 or their agents, from the date of issuance until 20 days after the date of exhibition authorized by the permit, when the holder or agent is acting in compliance with the conditions of the permit and section 624.22.
634.031 EVIDENCE OF ACCOMPLICE.
Any person may be convicted for violation of sections 609.75 to 609.76 on the person's own confession out of court, or upon the testimony of an accomplice.
624.23 CONSTRUCTION OF SECTIONS 624.20 TO 624.25.
Nothing in sections 624.20 to 624.25 shall be construed to prohibit any resident wholesaler, dealer, or jobber, from possessing or selling at wholesale fireworks which are not prohibited; or the possession or sale of any kind of fireworks for shipment directly out of the state; or the possession or use of fireworks by airplanes and railroads, or other transportation agencies for signal purposes or illumination; or the possession, sale, or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports, or for use by military organizations or for use as a bird or animal repelling device.
624.24 OFFICERS MAY SEIZE ILLEGAL FIREWORKS.
The state fire marshal, or any sheriff, police officer, or local fire marshal, shall seize, take, remove, or cause to be removed, at the expense of the owner, all stocks of fireworks or combustibles offered or exposed for sale, stored, or held in violation of sections 624.20 to 624.25.
611.48 REVIEW HEARINGS.
The prosecutor or defense counsel may apply to the court for a hearing to review the defendant's competency attainment programming. All parties are entitled to notice before the hearing. The hearing shall be held no later than 30 days after the date of the request, unless extended upon agreement of the prosecutor and defense counsel or by the court for good cause.
624.25 VIOLATION.
Any person violating the provisions of sections 624.20 to 624.24 may be sentenced as follows:
(1) if the violation involves explosive fireworks in an amount of 35 pounds gross container weight or more, to imprisonment for not more than 364 days, or to payment of a fine of not more than $3,000, or both;
(2) if the violation involves explosive fireworks in an amount of less than 35 pounds gross container weight, to imprisonment for not more than 90 days, or to payment of a fine of not more than $1,000, or both; and
(3) if the violation involves any amount of fireworks other than explosive fireworks, to imprisonment for not more than 90 days, or to payment of a fine of not more than $1,000, or both.
611A.76 CRIME VICTIM SERVICES TELEPHONE LINE.
The commissioner of public safety shall fund at least one statewide toll-free 24-hour telephone line for the purpose of providing crime victims with referrals for victim services and resources.
624.67 FALSE CERTIFICATE OF REGISTRATION OF ANIMALS; FALSE REPRESENTATION AS TO BREED.
Every person who by any false pretense shall obtain from any club, association, society, or company for the improvement of the breed of cattle, horses, sheep, swine, fowls, or other domestic animals, or birds, a certificate of registration of any animal in the herd, or other register of any such association, society, or company, or a transfer of any such registration, and every person who shall knowingly represent any animal used for breeding purposes to be of a greater degree of any particular strain of blood than such animal actually possesses, is guilty of a gross misdemeanor.
611A.77 MEDIATION PROGRAMS FOR CRIME VICTIMS AND OFFENDERS.
The executive director of the Office of Justice Programs in the Department of Public Safety shall award grants to nonprofit organizations to create or expand mediation programs for crime victims and offenders. For purposes of this section, "offender" means an adult charged with a nonviolent crime or a juvenile who has been referred to a mediation program before or after a petition for delinquency has been filed in connection with a nonviolent offense, and "nonviolent crime" and "nonviolent offense" exclude any offense in which the victim is a family or household member, as defined in section 518B.01, subdivision 2.
The executive director of the Office of Justice Programs in the Department of Public Safety shall award grants to further the following goals:
(1) to expand existing mediation programs for crime victims and juvenile offenders to also include adult offenders;
(2) to initiate victim-offender mediation programs in areas that have no victim-offender mediation programs;
(3) to expand the opportunities for crime victims to be involved in the criminal justice process;
(4) to evaluate the effectiveness of victim-offender mediation programs in reducing recidivism and encouraging the payment of court-ordered restitution; and
(5) to evaluate the satisfaction of victims who participate in the mediation programs.
The executive director of the Office of Justice Programs in the Department of Public Safety shall establish criteria to ensure that mediators participating in the program are qualified.
A nonprofit organization may not receive a grant under this section unless the group has raised a matching amount from other sources.
611.50 DEFENDANT'S PARTICIPATION AND CONDUCT OF HEARINGS.
Upon request of the prosecutor, defense counsel, or head of the treatment facility and approval by the court and the treatment facility, a hearing may be held at a treatment facility. A hearing may be conducted by interactive video conference consistent with the Minnesota Rules of Criminal Procedure.
When a medical professional treating the defendant submits a written report stating that participating in a hearing under this statute is not in the best interest of the defendant and would be detrimental to the defendant's mental or physical health, the court shall notify the defense counsel and the defendant and allow the hearing to proceed without the defendant's participation.
At any hearing required under this section, the court, on its motion or on the motion of any party, may exclude or excuse a defendant who is seriously disruptive, refuses to participate, or who is incapable of comprehending and participating in the proceedings. In such instances, the court shall, with specificity on the record, state the behavior of the defendant or other circumstances which justify proceeding in the absence of the defendant.
The defendant's incompetence does not preclude the defense counsel from making an objection or defense before trial that can be fairly determined without the defendant's participation.
611A.775 RESTORATIVE JUSTICE PROGRAMS.
A community-based organization, in collaboration with a local governmental unit, may establish a restorative justice program. A restorative justice program is a program that provides forums where certain individuals charged with or petitioned for having committed an offense meet with the victim, if appropriate; the victim's family members or other supportive persons, if appropriate; the offender's family members or other supportive persons, if appropriate; a law enforcement official or prosecutor when appropriate; other criminal justice system professionals when appropriate; and members of the community, in order to:
(1) discuss the impact of the offense on the victim and the community;
(2) provide support to the victim and methods for reintegrating the victim into community life;
(3) assign an appropriate sanction to the offender; and
(4) provide methods for reintegrating the offender into community life.
631.50 ALIEN INMATES OR MENTALLY ILL PERSONS; NOTICE TO UNITED STATES IMMIGRATION OFFICERS.
When a person who is convicted of a felony or is found to be a person who is mentally ill is committed to the Minnesota Correctional Facility-Stillwater, the Minnesota Correctional Facility-St. Cloud, the county jail, or any other state or county institution which is supported, wholly or in part, by public funds, the chief executive officer, sheriff, or other officer in charge of the state or county institution shall at once inquire into the nationality of the person. If it appears that the person is an alien, the officer shall immediately notify the United States immigration officer in charge of the district in which the correctional facility, jail, or other institution is located of (1) the date of and the reasons for the alien commitment, (2) the length of time for which committed, (3) the country of which the alien is a citizen, and (4) the date on which and the port at which the alien last entered the United States.
611.51 CREDIT FOR CONFINEMENT.
If the defendant is convicted, any time spent confined in a secure setting while being assessed or receiving competency attainment services must be credited as time served.
611.55 FORENSIC NAVIGATOR SERVICES.
As used in this section, "board" means the Minnesota Competency Attainment Board established in section 611.56.
The board must provide or contract for enough forensic navigator services to meet the needs of adult defendants in each judicial district who are found incompetent to proceed.
(a) Forensic navigators shall assist and supervise defendants when appointed to do so by a court. Forensic navigators shall be impartial in all legal matters relating to the criminal case. Nothing shall be construed to permit the forensic navigator to provide legal counsel as a representative of the court, prosecutor, or defense counsel.
(b) Forensic navigators shall provide services to assist defendants with mental illnesses and cognitive impairments. Services may include, but are not limited to:
(1) developing bridge plans;
(2) assisting defendants in participating in court-ordered examinations and hearings;
(3) coordinating timely placement in court-ordered competency attainment programs;
(4) providing competency attainment education;
(5) reporting to the court on the progress of defendants found incompetent to stand trial;
(6) providing coordinating services to help defendants access mental health services, medical care, stable housing and housing assistance, financial assistance, social services, transportation, precharge and pretrial diversion, and other necessary services provided by other programs and community service providers;
(7) communicating with and offering supportive resources to defendants and family members of defendants; and
(8) providing consultation and education to court officials on emerging issues and innovations in serving defendants with mental illnesses in the court system.
(c) When ordered to supervise a defendant, a forensic navigator shall report to the court on a defendant's compliance or noncompliance with conditions of pretrial supervision and any order of the court.
(d) If a defendant's charges are dismissed, the appointed forensic navigator may continue assertive outreach with the individual for up to 90 days to assist in attaining stability in the community.
(a) A forensic navigator must prepare a bridge plan with the defendant and submit the bridge plan to the court. Bridge plans must be submitted before the time the court makes a competency finding pursuant to section 611.45. A bridge plan must include:
(1) a confirmed housing address the defendant will use upon release, including but not limited to emergency shelters;
(2) if possible, the dates, times, locations, and contact information for any appointments made to further coordinate support and assistance for the defendant in the community, including but not limited to mental health and substance use disorder treatment, or a list of referrals to services; and
(3) any other referrals, resources, or recommendations the forensic navigator or court deems necessary.
(b) Bridge plans and any supporting records or other data submitted with those plans are not accessible to the public.
611A.79 CIVIL DAMAGES FOR BIAS OFFENSES.
For purposes of this section, "bias offense" means conduct that would constitute a crime and was committed because of the victim's or another's actual or perceived race, color, religion, sex, sexual orientation, disability as defined in section 363A.03, age, or national origin.
A person who is damaged by a bias offense has a civil cause of action against the person who committed the offense. The plaintiff is entitled to recover the greater of:
(1) $500; or
(2) actual general and special damages, including damages for emotional distress.
A plaintiff also may obtain punitive damages as provided in sections 549.191 and 549.20 or an injunction or other appropriate relief.
A person may bring an action under this section regardless of the existence or outcome of criminal proceedings involving the bias offense that is the basis for the action. The burden of proof in an action under this section is preponderance of the evidence.
Section 540.18 applies to actions under this section, except that:
(1) the parent or guardian is liable for all types of damages awarded under this section in an amount not exceeding $5,000; and
(2) the parent or guardian is not liable if the parent or guardian made reasonable efforts to exercise control over the minor's behavior.
(a) The right to trial by jury is preserved in an action brought under this section.
(b) An action under this section must be commenced not later than six years after the cause of action arises.
The remedies under this section do not affect any rights or remedies of the plaintiff under other law.
631.51 CERTIFIED COPIES OF INDICTMENT OR COMPLAINT FURNISHED TO IMMIGRATION OFFICERS.
Upon the official request of a United States immigration officer to a court committing an alien after conviction of a felony, the court administrator of the committing court shall furnish the officer without charge a certified copy of the complaint or indictment, the judgment, sentence, and any other record pertaining to the case of the convicted alien if:
(1) the immigration officer is in charge of the district or territory in which the court is located; and
(2) the state or county institution is supported, in whole or in part, by public funds.
611A.80 DEFINITIONS.
The definitions in this section apply to sections 611A.80 to 611A.88.
"Coerce" means to use or threaten to use any form of domination, restraint, or control for the purpose of causing an individual to engage in or remain in prostitution or to relinquish earnings derived from prostitution. Coercion exists if the totality of the circumstances establish the existence of domination, restraint, or control that would have the reasonably foreseeable effect of causing an individual to engage in or remain in prostitution or to relinquish earnings from prostitution. Evidence of coercion may include, but is not limited to:
(1) physical force or actual or implied threats of physical force;
(2) physical or mental torture;
(3) implicitly or explicitly leading an individual to believe that the individual will be protected from violence or arrest;
(4) kidnapping;
(5) defining the terms of an individual's employment or working conditions in a manner that can foreseeably lead to the individual's use in prostitution;
(6) blackmail;
(7) extortion or claims of indebtedness;
(8) threat of legal complaint or report of delinquency;
(9) threat to interfere with parental rights or responsibilities, whether by judicial or administrative action or otherwise;
(10) promise of legal benefit, such as posting bail, procuring an attorney, protecting from arrest, or promising unionization;
(11) promise of financial rewards;
(12) promise of marriage;
(13) restraining speech or communication with others, such as exploiting a language difference, or interfering with the use of mail, telephone, or money;
(14) isolating an individual from others;
(15) exploiting a condition of developmental disability, cognitive limitation, affective disorder, or substance dependency;
(16) taking advantage of lack of intervention by child protection;
(17) exploiting victimization by previous sexual abuse or battering;
(18) exploiting pornographic performance;
(19) interfering with opportunities for education or skills training;
(20) destroying property;
(21) restraining movement;
(22) exploiting HIV status, particularly where the defendant's previous coercion led to the HIV exposure; or
(23) exploiting needs for food, shelter, safety, affection, or intimate or marital relationships.
"Promotes the prostitution of an individual" has the meaning given in section 609.321, subdivision 7.
"Prostitution" has the meaning given in section 609.321, subdivision 9.
611A.81 CAUSE OF ACTION FOR COERCION FOR USE IN PROSTITUTION.
(a) An individual has a cause of action against a person who:
(1) coerced the individual into prostitution;
(2) coerced the individual to remain in prostitution;
(3) used coercion to collect or receive any of the individual's earnings derived from prostitution; or
(4) hired, offered to hire, or agreed to hire the individual to engage in prostitution, knowing or having reason to believe that the individual was coerced into or coerced to remain in prostitution by another person.
For purposes of clauses (1) and (2), money payment by a patron, as defined in section 609.321, subdivision 4, is not coercion under section 611A.80, subdivision 2, clause (5) or (11), or exploiting needs for food or shelter under section 611A.80, subdivision 2, clause (23).
Clause (3) does not apply to minor children who are dependent on the individual and who may have benefited from or been supported by the individual's earnings derived from prostitution.
(b) An individual has a cause of action against a person who did the following while the individual was a minor:
(1) solicited or induced the individual to practice prostitution;
(2) promoted the prostitution of the individual;
(3) collected or received the individual's earnings derived from prostitution; or
(4) hired, offered to hire, or agreed to hire the individual to engage in prostitution.
Mistake as to age is not a defense to an action under this paragraph.
A person against whom a cause of action may be maintained under subdivision 1 is liable for the following damages that resulted from the plaintiff's being used in prostitution or to which the plaintiff's use in prostitution proximately contributed:
(1) economic loss, including damage, destruction, or loss of use of personal property; loss of past or future income or earning capacity; and income, profits, or money owed to the plaintiff from contracts with the person; and
(2) damages for death as may be allowed under section 573.02, personal injury, disease, and mental and emotional harm, including medical, rehabilitation, and burial expenses; and pain and suffering, including physical impairment.
611.57 CERTIFICATION ADVISORY COMMITTEE.
The Certification Advisory Committee is established to provide the Minnesota Competency Attainment Board with advice and expertise related to the certification of competency attainment programs, including jail-based programs.
(a) The Certification Advisory Committee consists of the following members:
(1) a mental health professional, as defined in section 245I.02, subdivision 27, with community behavioral health experience, appointed by the governor;
(2) a board-certified forensic psychiatrist with experience in competency evaluations, providing competency attainment services, or both, appointed by the governor;
(3) a board-certified forensic psychologist with experience in competency evaluations, providing competency attainment services, or both, appointed by the governor;
(4) the president of the Minnesota Corrections Association or a designee;
(5) the direct care and treatment deputy commissioner or a designee;
(6) the president of the Minnesota Association of County Social Service Administrators or a designee;
(7) the president of the Minnesota Association of Community Mental Health Providers or a designee;
(8) the president of the Minnesota Sheriffs' Association or a designee; and
(9) the executive director of the National Alliance on Mental Illness Minnesota or a designee.
(b) Members of the advisory committee serve without compensation and at the pleasure of the appointing authority. Vacancies shall be filled by the appointing authority consistent with the qualifications of the vacating member required by this subdivision.
At its first meeting, the advisory committee shall elect a chair and may elect a vice-chair. The advisory committee shall meet at least monthly or upon the call the chair. The advisory committee shall meet sufficiently enough to accomplish the tasks identified in this section.
The Certification Advisory Committee shall consult with the Department of Human Services, the Department of Health, and the Department of Corrections; make recommendations to the Minnesota Competency Attainment Board regarding competency attainment curriculum, certification requirements for competency attainment programs including jail-based programs, and certification of individuals to provide competency attainment services; and provide information and recommendations on other issues relevant to competency attainment as requested by the board.