reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611 — Rights Of Accused › Section 611.40 — Applicability.

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.
History:
2022 c 99 art 1 s 26
NOTE:
This section, as added by Laws 2022, chapter 99, article 1, section 26, is effective July 1, 2023, and applies to competency determinations initiated on or after that date. Laws 2022, chapter 99, article 1, section 50.
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611 — Rights Of Accused › Section 611.44 — Contested Hearing Procedures.

611.44 CONTESTED HEARING PROCEDURES.
Subdivision 1.
Request for hearing.
(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.
Subd. 2.
Competency hearing.
(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.
Subd. 3.
Determination without hearing.
If neither party files an objection, the court shall determine the defendant's competency based on the reports of all examiners.
Subd. 4.
Burden of proof and decision.
The defendant is presumed incompetent unless the court finds by a preponderance of the evidence that the defendant is competent.
History:
2022 c 99 art 1 s 30; 2023 c 14 s 18,19
NOTE:
This section, as added by Laws 2022, chapter 99, article 1, section 30, is effective April 1, 2024, and applies to competency determinations initiated on or after that date. Laws 2022, chapter 99, article 1, section 50, as amended by Laws 2023, chapter 52, article 1, section 14.
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611 — Rights Of Accused › Section 611.48 — Review Hearings.

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.
History:
2022 c 99 art 1 s 34; 2023 c 14 s 28
NOTE:
This section, as added by Laws 2022, chapter 99, article 1, section 34, is effective April 1, 2024, and applies to competency determinations initiated on or after that date. Laws 2022, chapter 99, article 1, section 50, as amended by Laws 2023, chapter 52, article 1, section 14.
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611 — Rights Of Accused › Section 611.50 — Defendant's Participation And Conduct Of Hearings.

611.50 DEFENDANT'S PARTICIPATION AND CONDUCT OF HEARINGS.
Subdivision 1.
Place of hearing.
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.
Subd. 2.
Absence permitted.
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.
Subd. 3.
Disruption of hearing.
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.
Subd. 4.
Issues not requiring defendant's participation.
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.
History:
2022 c 99 art 1 s 36
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611 — Rights Of Accused › Section 611.51 — Credit For Confinement.

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.
History:
2022 c 99 art 1 s 37; 2023 c 14 s 30
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611 — Rights Of Accused › Section 611.57 — Certification Advisory Committee.

611.57 CERTIFICATION ADVISORY COMMITTEE.
Subdivision 1.
Establishment.
The Certification Advisory Committee is established to provide the State Competency Attainment Board with advice and expertise related to the certification of competency attainment programs, including jail-based programs.
Subd. 2.
Membership.
(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.
Subd. 3.
Meetings.
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.
Subd. 4.
Duties.
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 State 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.
History:
2022 c 99 art 1 s 40; 2023 c 14 s 33
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611 — Rights Of Accused › Section 611.58 — Competency Attainment Curriculum And Certification.

611.58 COMPETENCY ATTAINMENT CURRICULUM AND CERTIFICATION.
Subdivision 1.
Curriculum.
(a) By October 1, 2023, the board must recommend a competency attainment curriculum to educate and assist defendants found incompetent in attaining the ability to:
(1) rationally consult with counsel;
(2) understand the proceedings; and
(3) participate in the defense.
(b) The curriculum must be flexible enough to be delivered in community and correctional settings by individuals with various levels of education and qualifications, including but not limited to professionals in criminal justice, health care, mental health care, and social services. The board must review and update the curriculum as needed.
Subd. 2.
Certification and distribution.
By October 1, 2023, the board must develop a process for certifying individuals to deliver the competency attainment curriculum and make the curriculum available to every competency attainment program and forensic navigator in the state. Each competency attainment program in the state must use the competency attainment curriculum under this section as the foundation for delivering competency attainment education and must not substantially alter the content.
History:
2022 c 99 art 1 s 41; 2023 c 14 s 34; 2023 c 52 art 1 s 13
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.01 — Definitions.

611A.01 DEFINITIONS.
For the purposes of sections 611A.01 to 611A.06:
(a) "Crime" means conduct that is prohibited by local ordinance and results in bodily harm to an individual; or conduct that is included within the definition of "crime" in section 609.02, subdivision 1, or would be included within that definition but for the fact that (1) the person engaging in the conduct lacked capacity to commit the crime under the laws of this state, or (2) the act was alleged or found to have been committed by a juvenile.
(b) "Victim" means a natural person who incurs loss or harm as a result of a crime, including a good faith effort to prevent a crime, and for purposes of sections 611A.04 and 611A.045, also includes (1) a corporation that incurs loss or harm as a result of a crime, (2) a government entity that incurs loss or harm as a result of a crime, and (3) any other entity authorized to receive restitution under section 609.10 or 609.125. The term "victim" includes the family members, guardian, conservator, or custodian of a minor, incompetent, incapacitated, or deceased person. In a case where the prosecutor finds that the number of family members makes it impracticable to accord all of the family members the rights described in sections 611A.02 to 611A.0395, the prosecutor shall establish a reasonable procedure to give effect to those rights. The procedure may not limit the number of victim impact statements submitted to the court under section 611A.038. The term "victim" does not include the person charged with or alleged to have committed the crime.
(c) "Juvenile" has the same meaning as given to the term "child" in section 260B.007, subdivision 3.
History:
1983 c 262 art 1 s 1; 1987 c 254 s 10; 1988 c 649 s 1; 1995 c 226 art 7 s 8; 1996 c 408 art 7 s 5; 1997 c 239 art 7 s 19; 1999 c 139 art 4 s 2; 2005 c 136 art 8 s 22; 2020 c 86 art 1 s 40
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.015 — Scope Of Victims' Rights.

611A.015 SCOPE OF VICTIMS' RIGHTS.
The rights afforded to crime victims in sections 611A.01 to 611A.06 are applicable to adult criminal cases, juvenile delinquency proceedings, juvenile traffic proceedings involving driving under the influence of alcohol or drugs, and proceedings involving any other act committed by a juvenile that would be a crime as defined in section 609.02, if committed by an adult.
History:
1993 c 326 art 6 s 6
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.02 — Notification Of Victim Services And Victims' Rights.

611A.02 NOTIFICATION OF VICTIM SERVICES AND VICTIMS' RIGHTS.
Subdivision 1.
[Repealed, 2014 c 212 art 1 s 15]
Subd. 2.
Victims' rights.
(a) The Office of Justice Programs in the Department of Public Safety shall update the two model notices of the rights of crime victims.
(b) The initial notice of the rights of crime victims must be distributed by a peace officer to each victim, as defined in section 611A.01, at the time of initial contact with the victim. The notice must inform a victim of:
(1) the victim's right to apply for reparations to cover losses, not including property losses, resulting from a violent crime and the telephone number to call to request an application;
(2) the victim's right to request that the law enforcement agency withhold public access to data revealing the victim's identity under section 13.82, subdivision 17, paragraph (d);
(3) the additional rights of domestic abuse victims as described in section 629.341;
(4) information on the nearest crime victim assistance program or resource;
(5) the victim's rights, if an offender is charged, to be informed of and participate in the prosecution process, including the right to request restitution; and
(6) in homicide cases, information on rights and procedures available under sections 524.2-803, 524.3-614, and 524.3-615.
(c) A supplemental notice of the rights of crime victims must be distributed by the city or county attorney's office to each victim, within a reasonable time after the offender is charged or petitioned. This notice must inform a victim of all the rights of crime victims under this chapter.
Subd. 3.
Notice of rights of victims in juvenile court.
(a) The Office of Justice Programs in the Department of Public Safety shall update the notice of the rights of victims in juvenile court that explains:
(1) the rights of victims in the juvenile court;
(2) when a juvenile matter is public;
(3) the procedures to be followed in juvenile court proceedings; and
(4) other relevant matters.
(b) The juvenile court shall distribute a copy of the notice to each victim of juvenile crime who attends a juvenile court proceeding, along with a notice of services for victims available in that judicial district.
History:
1983 c 262 art 1 s 2; 1988 c 649 s 2; 1991 c 170 s 3; 1992 c 464 art 1 s 50; 1993 c 326 art 6 s 7; 1994 c 576 s 53; 1999 c 227 s 22; 2013 c 94 s 4; 2013 c 125 art 1 s 88; 2014 c 212 art 1 s 5,6
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.021 — Notice Of Right To Request Withholding Of Certain Public Data.

611A.021 NOTICE OF RIGHT TO REQUEST WITHHOLDING OF CERTAIN PUBLIC DATA.
A victim has a right under section 13.82, subdivision 17, clause (d), to request a law enforcement agency to withhold public access to data revealing the victim's identity.
History:
1990 c 579 s 7; 1999 c 227 s 22
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.03 — Plea Agreements; Notification.

611A.03 PLEA AGREEMENTS; NOTIFICATION.
Subdivision 1.
Plea agreements; notification of victim.
Prior to the entry of the factual basis for a plea pursuant to a plea agreement recommendation, a prosecuting attorney shall make a reasonable and good faith effort to inform the victim of:
(1) the contents of the plea agreement recommendation, including the amount of time recommended for the defendant to serve in jail or prison if the court accepts the agreement;
(2) the right to be present at the sentencing hearing and at the hearing during which the plea is presented to the court and to express orally or in writing, at the victim's option, any objection to the agreement or to the proposed disposition. If the victim is not present when the court considers the recommendation, but has communicated objections to the prosecuting attorney, the prosecuting attorney shall make these objections known to the court; and
(3) the eligibility of the offense for automatic expungement pursuant to section 609A.015.
[See Note.]
Subd. 2.
Notification duties.
A prosecuting attorney satisfies the requirements of subdivision 1 by notifying:
(1) the victim's legal guardian or guardian ad litem; or
(2) the three victims the prosecuting attorney believes to have suffered the most, if there are more than three victims of the offense.
Subd. 3.
[Repealed, 1988 c 649 s 5]
History:
1983 c 262 art 1 s 3; 1986 c 351 s 18; 1986 c 444; 1Sp1986 c 3 art 1 s 76; 1989 c 190 s 3; 1992 c 571 art 5 s 4; 2003 c 116 s 4; 2023 c 52 art 7 s 20
NOTE:
The amendment to subdivision 1 by Laws 2023, chapter 52, article 7, section 20, is effective January 1, 2025. Laws 2023, chapter 52, article 7, section 20, the effective date.
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.0301 — Right To Submit Statement At Plea Presentation Hearing.

611A.0301 RIGHT TO SUBMIT STATEMENT AT PLEA PRESENTATION HEARING.
A victim has the rights described in section 611A.03, subdivision 1, clause (2), at a plea presentation hearing.
History:
2003 c 116 s 5
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.031 — Victim Input Regarding Pretrial Diversion.

611A.031 VICTIM INPUT REGARDING PRETRIAL DIVERSION.
A prosecutor shall make every reasonable effort to notify and seek input from the victim prior to referring a person into a pretrial diversion program in lieu of prosecution for a violation of sections 609.185, 609.19, 609.195, 609.20, 609.205, 609.221, 609.222, 609.223, 609.224, 609.2242, 609.24, 609.245, 609.247, 609.25, 609.255, 609.342, 609.343, 609.344, 609.345, 609.365, 609.498, 609.561, 609.582, subdivision 1, 609.687, 609.713, and 609.749.
History:
1986 c 463 s 6; 1987 c 331 s 10; 1993 c 326 art 2 s 25; 1995 c 259 art 3 s 20; 2023 c 52 art 20 s 28
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.0311 — Domestic Abuse Prosecutions Plan And Procedures.

611A.0311 DOMESTIC ABUSE PROSECUTIONS PLAN AND PROCEDURES.
Subdivision 1.
Definitions.
(a) "Domestic abuse" has the meaning given in section 518B.01, subdivision 2.
(b) "Domestic abuse case" means a prosecution for:
(1) a crime that involves domestic abuse;
(2) violation of a condition of release following an arrest for a crime that involves domestic abuse; or
(3) violation of a domestic abuse order for protection.
Subd. 2.
Contents of plan.
Each county and city attorney shall develop and implement a written plan to expedite and improve the efficiency and just disposition of domestic abuse cases brought to the prosecuting authority. Domestic abuse advocates, law enforcement officials, and other interested members of the public must have an opportunity to assist in the development or adaptation of the plans in each jurisdiction. The commissioner shall make the plan and related training and technical assistance available to all city and county attorneys. All plans must state goals and contain policies and procedures to address the following matters:
(1) early assignment of a trial prosecutor who has the responsibility of handling the domestic abuse case through disposition, whenever feasible, or, where applicable, probation revocation; and early contact between the trial prosecutor and the victim;
(2) procedures to facilitate the earliest possible contact between the prosecutor's office and the victim for the purpose of acquainting the victim with the criminal justice process, the use of subpoenas, the victim's role as a witness in the prosecution, and the domestic abuse or victim services that are available;
(3) procedures to coordinate the trial prosecutor's efforts with those of the domestic abuse advocate or victim advocate, where available, and to facilitate the early provision of advocacy services to the victim;
(4) procedures to encourage the prosecution of all domestic abuse cases where a crime can be proven;
(5) methods that will be used to identify, gather, and preserve evidence in addition to the victim's in-court testimony that will enhance the ability to prosecute a case when a victim is reluctant to assist, including but not limited to physical evidence of the victim's injury, evidence relating to the scene of the crime, eyewitness testimony, and statements of the victim made at or near the time of the injury;
(6) procedures for educating local law enforcement agencies about the contents of the plan and their role in assisting with its implementation;
(7) the use for subpoenas to victims and witnesses, where appropriate;
(8) procedures for annual review of the plan to evaluate whether it is meeting its goals effectively and whether improvements are needed; and
(9) a timetable for implementation.
Subd. 3.
[Repealed, 2014 c 212 art 1 s 15]
History:
1990 c 583 s 5; 1992 c 571 art 6 s 18,19; 2014 c 212 art 1 s 7
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.0315 — Victim Notification; Domestic Assault; Criminal Sexual Conduct; Harassment; Stalking.

611A.0315 VICTIM NOTIFICATION; DOMESTIC ASSAULT; CRIMINAL SEXUAL CONDUCT; HARASSMENT; STALKING.
Subdivision 1.
Notice of decision not to prosecute.
(a) A prosecutor shall make every reasonable effort to notify a victim of domestic assault, a criminal sexual conduct offense, or harassment or stalking that the prosecutor has decided to decline prosecution of the case or to dismiss the criminal charges filed against the defendant. Efforts to notify the victim should include, in order of priority: (1) contacting the victim or a person designated by the victim by telephone; and (2) contacting the victim by mail. If a suspect is still in custody, the notification attempt shall be made before the suspect is released from custody.
(b) Whenever a prosecutor dismisses criminal charges against a person accused of domestic assault, a criminal sexual conduct offense, or harassment or stalking, a record shall be made of the specific reasons for the dismissal. If the dismissal is due to the unavailability of the witness, the prosecutor shall indicate the specific reason that the witness is unavailable.
(c) Whenever a prosecutor notifies a victim of domestic assault, criminal sexual conduct, or harassment or stalking under this section, the prosecutor shall also inform the victim of the method and benefits of seeking an order for protection under section 518B.01 or a restraining order under section 609.748 and that the victim may seek an order without paying a fee.
Subd. 2.
Definitions.
For the purposes of this section, the following terms have the meanings given them.
(a) "Assault" has the meaning given it in section 609.02, subdivision 10.
(b) "Domestic assault" means an assault committed by the actor against a family or household member.
(c) "Family or household member" has the meaning given it in section 518B.01, subdivision 2.
(d) "Harassment" or "stalking" means a violation of section 609.749.
(e) "Criminal sexual conduct offense" means a violation of sections 609.342 to 609.3453.
History:
1988 c 638 s 4; 1990 c 583 s 6; 1993 c 326 art 2 s 26; 2006 c 260 art 3 s 23; 2009 c 59 art 2 s 1; 2013 c 34 s 3; 1Sp2019 c 5 art 2 s 29
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.033 — Speedy Trial; Notice Of Hearings And Schedule Change.

611A.033 SPEEDY TRIAL; NOTICE OF HEARINGS AND SCHEDULE CHANGE.
(a) A victim has the right to request that the prosecutor make a demand under rule 11.09 of the Rules of Criminal Procedure that the trial be commenced within 60 days of the demand. The prosecutor shall make reasonable efforts to comply with the victim's request.
(b) A prosecutor shall make reasonable efforts to provide to a victim the date and time of the sentencing hearing and the hearing during which the plea is to be presented to the court.
(c) A prosecutor shall make reasonable efforts to provide advance notice of any change in the schedule of the court proceedings to a victim who has been subpoenaed or requested to testify.
(d) In a criminal proceeding in which a vulnerable adult, as defined in section 609.232, subdivision 11, is a victim, the state may move the court for a speedy trial. The court, after consideration of the age and health of the victim, may grant a speedy trial. The motion may be filed and served with the complaint or any time after the complaint is filed and served.
History:
1986 c 435 s 12; 2009 c 119 s 10; 2011 c 76 art 3 s 2; 2023 c 52 art 5 s 49
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.034 — Separate Waiting Areas In Courthouse.

611A.034 SEPARATE WAITING AREAS IN COURTHOUSE.
The court shall provide a waiting area for victims during court proceedings which is separate from the waiting area used by the defendant, the defendant's relatives, and defense witnesses, if such a waiting area is available and its use is practical. If a separate waiting area for victims is not available or practical, the court shall provide other safeguards to minimize the victim's contact with the defendant, the defendant's relatives, and defense witnesses during court proceedings, such as increased bailiff surveillance and victim escorts.
History:
1986 c 435 s 13; 1992 c 571 art 5 s 5
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.035 — Confidentiality Of Victim's Address.

611A.035 CONFIDENTIALITY OF VICTIM'S ADDRESS.
Subdivision 1.
Discretion of prosecutor not to disclose.
(a) A prosecutor may elect not to disclose a victim's or witness's home or employment address, telephone number, or date of birth if the prosecutor certifies to the trial court that:
(1) the defendant or respondent has been charged with or alleged to have committed a crime;
(2) the nondisclosure is needed to address the victim's or witness's concerns about safety or security; and
(3) the victim's or witness's home or employment address, telephone number, or date of birth is not relevant to the prosecution's case.
(b) If such a certification is made, the prosecutor must make a motion with proper notice for the court's permission to continue to withhold this information. The court shall either:
(1) order the information disclosed to defense counsel, but order it not disclosed to the defendant; or
(2) order the prosecutor to contact the victim or witness to arrange a confidential meeting between defense counsel, or defense counsel's agent, and the victim or witness, at a neutral location, if the victim or witness consents to a meeting.
This subdivision shall not be construed to compel a victim or witness to give any statement to or attend any meeting with defense counsel or defense counsel's agent.
Subd. 2.
Witness testimony in court.
No victim or witness providing testimony in court proceedings may be compelled to state a home or employment address, telephone number, or the date of birth of the victim or witness on the record in open court unless the court finds that the testimony would be relevant evidence.
History:
1986 c 444; 1986 c 463 s 8; 1987 c 331 s 11; 1997 c 239 art 7 s 20; 1999 c 79 s 1
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.037 — Presentence Investigation; Victim Impact; Notice.

611A.037 PRESENTENCE INVESTIGATION; VICTIM IMPACT; NOTICE.
Subdivision 1.
Victim impact statement.
A presentence investigation report prepared under section 609.115 shall include the following information relating to victims:
(1) a summary of the damages or harm and any other problems generated by the criminal occurrence;
(2) a concise statement of what disposition the victim deems appropriate for the defendant or juvenile court respondent, including reasons given, if any, by the victim in support of the victim's opinion; and
(3) an attachment to the report, consisting of the victim's written objections, if any, to the proposed disposition if the victim provides the officer conducting the presentence investigation with this written material within a reasonable time prior to the disposition.
Subd. 2.
Notice to victim.
The officer conducting a presentence or predispositional investigation shall make reasonable and good faith efforts to assure that the victim of that crime is provided with the following information by contacting the victim or assuring that another public or private agency has contacted the victim: (1) the charge or juvenile court petition to which the defendant has been convicted or pleaded guilty, or the juvenile respondent has admitted in court or has been found to have committed by the juvenile court, and of any plea agreement between the prosecution and the defense counsel; (2) the victim's right to request restitution pursuant to section 611A.04; (3) the time and place of the sentencing or juvenile court disposition and the victim's right to be present; and (4) the victim's right to object in writing to the court, prior to the time of sentencing or juvenile court disposition, to the proposed sentence or juvenile dispositional alternative, or to the terms of the proposed plea agreement. To assist the victim in making a recommendation under clause (4), the officer shall provide the victim with information about the court's options for sentencing and other dispositions. Failure of the officer to comply with this subdivision does not give any rights or grounds for postconviction or postjuvenile disposition relief to the defendant or juvenile court respondent, nor does it entitle a defendant or a juvenile court respondent to withdraw a plea of guilty.
History:
1987 c 331 s 12; 1998 c 396 s 7
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.038 — Right To Submit Statement At Sentencing.

611A.038 RIGHT TO SUBMIT STATEMENT AT SENTENCING.
(a) A victim has the right to submit an impact statement to the court at the time of sentencing or disposition hearing. The impact statement may be presented to the court orally or in writing, at the victim's option. If the victim requests, the prosecutor must orally present the statement to the court. Statements may include the following, subject to reasonable limitations as to time and length:
(1) a summary of the harm or trauma suffered by the victim as a result of the crime;
(2) a summary of the economic loss or damage suffered by the victim as a result of the crime; and
(3) a victim's reaction to the proposed sentence or disposition.
(b) A representative of the community affected by the crime may submit an impact statement in the same manner that a victim may as provided in paragraph (a). This impact statement shall describe the adverse social or economic effects the offense has had on persons residing and businesses operating in the community where the offense occurred.
(c) If the court permits the defendant or anyone speaking on the defendant's behalf to present a statement to the court, the court shall limit the response to factual issues which are relevant to sentencing.
(d) Nothing in this section shall be construed to extend the defendant's right to address the court under section 631.20.
History:
1988 c 649 s 3; 1989 c 290 art 2 s 16; 1997 c 239 art 7 s 21
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.039 — Right To Notice Of Final Disposition Of Criminal Case.

611A.039 RIGHT TO NOTICE OF FINAL DISPOSITION OF CRIMINAL CASE.
Subdivision 1.
Notice required.
(a) Except as otherwise provided in subdivision 2, within 15 working days after a conviction, acquittal, or dismissal in a criminal case in which there is an identifiable crime victim, the prosecutor shall make reasonable good faith efforts to provide to each affected crime victim oral or written notice of the final disposition of the case and of the victim rights under section 611A.06. When the court is considering modifying the sentence for a felony or a crime of violence or an attempted crime of violence, the prosecutor shall make a reasonable and good faith effort to notify the victim of the crime. If the victim is incapacitated or deceased, notice must be given to the victim's family. If the victim is a minor, notice must be given to the victim's parent or guardian. The notice must include:
(1) the date and approximate time of the review;
(2) the location where the review will occur;
(3) the name and telephone number of a person to contact for additional information; and
(4) a statement that the victim and victim's family may provide input to the court concerning the sentence modification.
(b) The Office of Justice Programs in the Department of Public Safety shall develop and update a model notice of postconviction rights under this subdivision and section 611A.06.
(c) As used in this section, "crime of violence" has the meaning given in section 624.712, subdivision 5, and also includes violations of section 609.3458, gross misdemeanor violations of section 609.224, and nonfelony violations of sections 518B.01, 609.2231, 609.3451, 609.748, and 609.749.
Subd. 2.
Exception.
If a prosecutor contacts an identifiable crime victim in advance of the final case disposition, either orally or in writing, and notifies the victim of the victim's right to request information on the final disposition of the case, the prosecutor shall only be required to provide the notice described in subdivision 1 to those victims who have indicated in advance their desire to be notified of the final case disposition.
History:
1991 c 170 s 4; 1997 c 239 art 7 s 22; 1Sp2021 c 11 art 4 s 31; art 6 s 5; 2023 c 52 art 5 s 50
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.0392 — Notice To Community Crime Prevention Group.

611A.0392 NOTICE TO COMMUNITY CRIME PREVENTION GROUP.
Subdivision 1.
Definitions.
(a) As used in this section, the following terms have the meanings given them.
(b) "Cities of the first class" has the meaning given in section 410.01.
(c) "Community crime prevention group" means a community group focused on community safety and crime prevention that:
(1) meets regularly for the purpose of discussing community safety and patrolling community neighborhoods for criminal activity;
(2) is previously designated by the local law enforcement agency as a community crime prevention group; and
(3) interacts regularly with the police regarding community safety issues.
Subd. 2.
Notice.
(a) A law enforcement agency that is responsible for arresting individuals who commit crimes within cities of the first class shall make reasonable efforts to disclose certain information in a timely manner to the designated leader of a community crime prevention group that has reported criminal activity, excluding petty misdemeanors, to law enforcement. The law enforcement agency shall make reasonable efforts to disclose information on the final outcome of the investigation into the criminal activity including, but not limited to, where appropriate, the decision to arrest or not arrest the person and whether the matter was referred to a prosecuting authority. If the matter is referred to a prosecuting authority, the law enforcement agency must notify the prosecuting authority of the community crime prevention group's request for notice under this subdivision.
(b) A prosecuting authority who is responsible for filing charges against or prosecuting a person arrested for a criminal offense in cities of the first class shall make reasonable efforts to disclose certain information in a timely manner to the designated leader of a community crime prevention group that has reported specific criminal activity to law enforcement. The prosecuting authority shall make reasonable efforts to disclose information on the final outcome of the criminal proceeding that resulted from the arrest including, but not limited to, where appropriate, the decision to dismiss or not file charges against the arrested person.
(c) A community crime prevention group that would like to receive written or Internet notice under this subdivision must request the law enforcement agency and the prosecuting authority where the specific alleged criminal conduct occurred to provide notice to the community crime prevention group leader. The community crime prevention group must provide the law enforcement agency with the name, address, and telephone number of the community crime prevention group leader and the preferred method of communication.
History:
1Sp2003 c 2 art 8 s 17
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.0393 — Crime Alerts; Violent Crimes; Disabled Access.

611A.0393 CRIME ALERTS; VIOLENT CRIMES; DISABLED ACCESS.
If a law enforcement agency provides a crime alert to citizens within its jurisdiction, the alerts and any accompanying documents must be in a form that a disabled person can access with commercially available text-based screen reader software. Any contact information provided by a citizen requesting a crime alert is private data on individuals as defined in section 13.02.
History:
2009 c 22 s 2
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.0395 — Right To Information Regarding Defendant's Appeal.

611A.0395 RIGHT TO INFORMATION REGARDING DEFENDANT'S APPEAL.
Subdivision 1.
Prosecuting attorney to notify victims.
(a) The prosecuting attorney shall make a reasonable and good faith effort to provide to each affected victim oral or written notice of a pending appeal. This notice must be provided within 30 days of filing of the respondent's brief. The notice must contain a brief explanation of the contested issues or a copy of the brief, an explanation of the applicable process, information about scheduled oral arguments or hearings, a statement that the victim and the victim's family may attend the argument or hearing, and the name and telephone number of a person that may be contacted for additional information.
(b) In a criminal case in which there is an identifiable crime victim, within 15 working days of a final decision on an appeal, the prosecuting attorney shall make a reasonable and good faith effort to provide to each affected victim oral or written notice of the decision. This notice must include a brief explanation of what effect, if any, the decision has upon the judgment of the trial court and the name and telephone number of a person that may be contacted for additional information.
Subd. 2.
Exception.
The notices described in subdivision 1 do not have to be given to victims who have previously indicated a desire not to be notified.
History:
1997 c 239 art 7 s 23
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.046 — Victim's Right To Request Probation Review Hearing.

611A.046 VICTIM'S RIGHT TO REQUEST PROBATION REVIEW HEARING.
A victim has the right to ask the offender's probation officer to request a probation review hearing if the offender fails to pay restitution as required in a restitution order.
History:
1989 c 21 s 8
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.05 — Penalties No Bar To Civil Remedies.

611A.05 PENALTIES NO BAR TO CIVIL REMEDIES.
The provision in any law for a penalty or forfeiture for its violation shall not be construed to deprive an injured person of the right to recover from the offender damages sustained by reason of the violation of such law.
History:
1941 c 492 s 23; 1983 c 262 art 1 s 6
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.07 — Electronic Monitoring To Protect Domestic Abuse Victims; Standards.

611A.07 ELECTRONIC MONITORING TO PROTECT DOMESTIC ABUSE VICTIMS; STANDARDS.
Subdivision 1.
Generally.
The commissioner of corrections, after considering the recommendations of the 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.
Subd. 2.
[Repealed, 1996 c 310 s 1]
History:
1992 c 571 art 6 s 20; 2000 c 445 art 2 s 9
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.20 — Notice Of Risk Of Sexually Transmitted Disease.

611A.20 NOTICE OF RISK OF SEXUALLY TRANSMITTED DISEASE.
Subdivision 1.
Notice required.
A hospital shall give a written notice about sexually transmitted diseases to a person receiving medical services in the hospital who reports or evidences a sexual assault or other unwanted sexual contact or sexual penetration. When appropriate, the notice must be given to the parent or guardian of the victim.
Subd. 2.
Contents of notice.
The commissioners of public safety and corrections, in consultation with sexual assault victim advocates and health care professionals, shall develop the notice required by subdivision 1. The notice must inform the victim of:
(1) the risk of contracting sexually transmitted diseases as a result of a sexual assault;
(2) the symptoms of sexually transmitted diseases;
(3) recommendations for periodic testing for the diseases, where appropriate;
(4) locations where confidential testing is done and the extent of the confidentiality provided;
(5) information necessary to make an informed decision whether to request a test of the offender under section 611A.19; and
(6) other medically relevant information.
History:
1990 c 436 s 1; 1992 c 569 s 28
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.211 — Programs For Victims Of Sexual Assault.

611A.211 PROGRAMS FOR VICTIMS OF SEXUAL ASSAULT.
Subdivision 1.
Grants.
The commissioner of public safety shall award grants to programs which provide support services or emergency shelter and housing supports as defined by section 611A.31 to victims of sexual assault. The commissioner shall also award grants for training, technical assistance, and the development and implementation of education programs to increase public awareness of the causes of sexual assault, the solutions to preventing and ending sexual assault, and the problems faced by sexual assault victims.
Subd. 2.
Applications.
Any public or private nonprofit agency may apply to the commissioner for a grant to provide services to victims of sexual assault. The application shall be submitted in a form approved by the commissioner.
Subd. 3.
Duties of grantees.
Every public or private nonprofit agency which receives a grant to provide services to victims of sexual assault shall comply with rules of the commissioner related to the administration of the grant programs.
Subd. 4.
Sexual assault.
For the purposes of this section, "sexual assault" means any violation of sections 609.342 to 609.3453.
History:
2014 c 212 art 1 s 8; 2023 c 52 art 5 s 51
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.212 — Programs For Sexual Assault Primary Prevention.

611A.212 PROGRAMS FOR SEXUAL ASSAULT PRIMARY PREVENTION.
Subdivision 1.
Grants.
The commissioner of public safety shall award grants to programs that provide sexual assault primary prevention services to prevent initial perpetration or victimization of sexual assault.
Subd. 2.
Applications.
Any public or private nonprofit agency may apply to the commissioner for a grant. The commissioner may give preference to applications from an agency receiving a grant from the programs for victims of sexual assault under section 611A.211. The application shall be submitted in a form approved by the commissioner.
Subd. 3.
Duties of grantees.
Every public or private nonprofit agency that receives a grant to provide sexual assault primary prevention services shall comply with rules of the commissioner related to the administration of the grant programs.
Subd. 4.
Sexual assault.
For the purpose of this section, "sexual assault" means a violation of sections 609.342 to 609.3453.
History:
2015 c 65 art 1 s 20