reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.26 — Polygraph Examinations; Criminal Sexual Conduct Complaints; Limitations.

611A.26 POLYGRAPH EXAMINATIONS; CRIMINAL SEXUAL CONDUCT COMPLAINTS; LIMITATIONS.
Subdivision 1.
Polygraph prohibition.
No law enforcement agency or prosecutor shall require that a complainant of a criminal sexual conduct or sex trafficking offense submit to a polygraph examination as part of or a condition to proceeding with the investigation, charging, or prosecution of such offense.
Subd. 2.
Law enforcement inquiry.
A law enforcement agency or prosecutor may not ask that a complainant of a criminal sexual conduct offense submit to a polygraph examination as part of the investigation, charging, or prosecution of such offense unless the complainant has been referred to, and had the opportunity to exercise the option of consulting with a sexual assault counselor as defined in section 595.02, subdivision 1, paragraph (k).
Subd. 3.
Informed consent requirement.
At the request of the complainant, a law enforcement agency may conduct a polygraph examination of the complainant only with the complainant's written, informed consent as provided in this subdivision.
Subd. 4.
Informed consent.
To consent to a polygraph, a complainant must be informed in writing that:
(1) the taking of the polygraph examination is voluntary and solely at the victim's request;
(2) a law enforcement agency or prosecutor may not ask or require that the complainant submit to a polygraph examination;
(3) the results of the examination are not admissible in court; and
(4) the complainant's refusal to take a polygraph examination may not be used as a basis by the law enforcement agency or prosecutor not to investigate, charge, or prosecute the offender.
Subd. 5.
Polygraph refusal.
A complainant's refusal to submit to a polygraph examination shall not prevent the investigation, charging, or prosecution of the offense.
Subd. 6.
Definitions.
For the purposes of this section, the following terms have the meanings given.
(a) "Criminal sexual conduct" means a violation of section 609.342, 609.343, 609.344, 609.345, 609.3451, or 609.3458.
(b) "Sex trafficking" means a violation of section 609.322.
(c) "Complainant" means a person reporting to have been subjected to criminal sexual conduct or sex trafficking.
(d) "Polygraph examination" means any mechanical or electrical instrument or device of any type used or allegedly used to examine, test, or question individuals for the purpose of determining truthfulness.
History:
2007 c 54 art 4 s 7; 2015 c 65 art 6 s 18,19; 1Sp2021 c 11 art 4 s 31
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.27 — Victim Rights To Sexual Assault Evidence Information.

611A.27 VICTIM RIGHTS TO SEXUAL ASSAULT EVIDENCE INFORMATION.
Subdivision 1.
Access to law enforcement data.
(a) Upon written request from the victim or victim's designee as described in subdivision 2, the investigating law enforcement agency shall release the following active investigative data, as defined in section 13.82, subdivision 7, to a victim of sexual assault about a submitted sexual assault examination kit, as defined in section 299C.106, subdivision 1, paragraph (g):
(1) the date that a sexual assault examination kit was submitted to a forensic laboratory, as defined in section 299C.157, subdivision 1, clause (2), and the date that the agency received notice of the results of that testing; and
(2) whether a DNA profile was obtained from the testing.
(b) The agency may refuse the request under paragraph (a) if the release of that data will interfere with the investigation.
Subd. 2.
Responding to a victim request for data.
No later than January 1, 2019, each law enforcement agency shall adopt policies and procedures subject to section 13.82, subdivision 7, to provide investigative data under this section that includes but is not limited to the following requirements:
(1) agency identification of a representative or representatives to respond to requests for data from sexual assault victims and to serve as a liaison between the agency and the forensic laboratory;
(2) agency response to inquiries within 30 days of receipt, unless the agency declines to provide the information under subdivision 1, paragraph (b);
(3) the sexual assault victim can designate another person to request information on the victim's behalf by providing written authorization to the agency except that an agency can decline to provide the information under subdivision 1, paragraph (b); and
(4) agency development of a procedure that allows a sexual assault victim to contact the agency representative to request that a restricted kit as defined in section 299C.106, subdivision 1, paragraph (e), be reclassified as an unrestricted kit as defined in section 299C.106, subdivision 1, paragraph (h), if the restricted kit is in the possession of the agency.
History:
2018 c 160 s 3
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.31 — Definitions.

611A.31 DEFINITIONS.
Subdivision 1.
Scope.
For the purposes of sections 611A.31 to 611A.35, the following terms have the meanings given.
Subd. 2.
Domestic abuse victim.
"Domestic abuse victim" means a person who is being or has been victimized by domestic abuse as defined in section 518B.01, subdivision 2.
Subd. 3.
Emergency shelter services.
"Emergency shelter services" include, but are not limited to, secure crisis shelters for domestic abuse victims and housing networks for domestic abuse victims.
Subd. 3a.
Housing supports.
"Housing supports" means services and supports used to enable victims to secure and maintain transitional and permanent housing placement. Housing supports include but are not limited to rental assistance and financial assistance to maintain housing stability. Transitional housing placements may take place in communal living, clustered site or scattered site programs, or other transitional housing models.
Subd. 4.
Support services.
"Support services" include, but are not limited to, advocacy services, legal services, counseling services, transportation services, child care services, and 24 hour information and referral services.
Subd. 5.
Commissioner.
"Commissioner" means the commissioner of the Department of Corrections or a designee.
History:
1977 c 428 s 1; 1983 c 262 art 1 s 6; 1986 c 444; 1991 c 272 s 8; 1995 c 226 art 7 s 11; 2015 c 65 art 3 s 21; 2023 c 52 art 5 s 52-54
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.33 — Duties Of Commissioner.

611A.33 DUTIES OF COMMISSIONER.
The commissioner shall:
(1) review applications for and award grants to a program pursuant to section 611A.32, subdivision 1;
(2) appoint a program director to perform the duties set forth in section 611A.35;
(3) design and implement a uniform method of collecting data on domestic abuse victims to be used to evaluate the programs funded under section 611A.32;
(4) provide technical aid to applicants in the development of grant requests and provide technical aid to programs in meeting the data collection requirements established by the commissioner; and
(5) adopt, under chapter 14, all rules necessary to implement the provisions of sections 611A.31 to 611A.35.
History:
1977 c 428 s 3; 1978 c 732 s 4; 1983 c 262 art 1 s 6; 1991 c 272 s 11; 2000 c 445 art 2 s 14; 2014 c 286 art 6 s 4; 2015 c 65 art 3 s 22
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.345 — Director Recommendations.

611A.345 DIRECTOR RECOMMENDATIONS.
The commissioner shall consider the domestic abuse program director's recommendations before awarding grants or adopting policies regarding the planning, development, data collection, rulemaking, funding or evaluation of programs and services for battered women and domestic abuse victims funded under section 611A.32. Before taking action on matters related to programs and services for battered women and domestic abuse victims and their children, except day-to-day administrative operations, the commissioner shall notify the domestic abuse program director of the intended action. Notification of grant award decisions shall be given to the domestic abuse program director in time to allow the director to request reconsideration.
History:
1991 c 272 s 13; 2000 c 445 art 2 s 18; 2014 c 286 art 6 s 5
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.35 — Domestic Abuse Program Director.

611A.35 DOMESTIC ABUSE PROGRAM DIRECTOR.
The commissioner shall appoint a program director. The program director shall administer the funds appropriated for sections 611A.31 to 611A.35 and perform other duties related to battered women's and domestic abuse programs as the commissioner may assign. The program director shall serve at the pleasure of the commissioner in the unclassified service.
History:
1977 c 428 s 5; 1983 c 262 art 1 s 6; 1986 c 444; 1991 c 272 s 14; 2000 c 445 art 2 s 19; 2014 c 286 art 6 s 6; 2015 c 65 art 3 s 23
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.37 — Definitions.

611A.37 DEFINITIONS.
Subdivision 1.
Scope.
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.
Subd. 2.
Director.
"Director" means the director of the Office of Justice Programs in the Department of Public Safety or a designee.
Subd. 3.
Office.
"Office" means the Office of Justice Programs in the Department of Public Safety.
Subd. 4.
Shelter facility.
"Shelter facility" means a secure crisis shelter, housing network, safe home, or other facility operated by a nonprofit organization and designated by the center for the purpose of providing food, lodging, safety, and 24-hour coverage for battered women and their children.
Subd. 5.
Designated shelter facility.
"Designated shelter facility" means a facility that has applied to, and been approved by, the Office of Justice Programs to provide shelter and services to battered women and their children.
Subd. 6.
MS 2002 [Repealed, 2002 c 220 art 7 s 33]
Subd. 7.
MS 2002 [Repealed, 2002 c 220 art 7 s 33]
Subd. 8.
Battered woman.
"Battered woman" has the meaning given in section 611A.31, subdivision 2.
History:
2000 c 445 art 2 s 22; 2013 c 125 art 1 s 92,93; 2014 c 212 art 1 s 9
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.371 — Program Operation.

611A.371 PROGRAM OPERATION.
Subdivision 1.
Purpose.
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.
Subd. 2.
Nondiscrimination.
Designated shelter facilities are prohibited from discriminating against a battered woman or her children on the basis of race, color, creed, religion, national origin, marital status, status with regard to public assistance, disability, or sexual orientation.
Subd. 3.
Data.
Personal history information collected, used, or maintained by a designated shelter facility from which the identity or location of any battered woman may be determined is private data on individuals, as defined in section 13.02, subdivision 12, and the facility shall maintain the data in accordance with the provisions of chapter 13.
History:
2000 c 445 art 2 s 23; 2002 c 220 art 7 s 16
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.372 — Duties Of Director.

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.
History:
2000 c 445 art 2 s 24; 2001 c 152 s 1; 2002 c 220 art 7 s 17
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.373 — Payments.

611A.373 PAYMENTS.
Subdivision 1.
Payment.
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.
Subd. 2.
Reserve grant amount.
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.
Subd. 3.
Accountability.
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.
History:
2000 c 445 art 2 s 25; 2002 c 220 art 7 s 18; 2013 c 125 art 1 s 94
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.45 — Programs For Victims Of Crime.

611A.45 PROGRAMS FOR VICTIMS OF CRIME.
Subdivision 1.
Grants.
The commissioner of public safety shall award grants to programs which provide support services to victims of crime.
Subd. 2.
Applications.
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.
Subd. 3.
Duties of grantees.
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.
History:
2014 c 212 art 1 s 10
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.46 — Classification Of Data.

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.
History:
2001 c 202 s 17; 2013 c 125 art 1 s 95
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.51 — Title.

611A.51 TITLE.
Sections 611A.51 to 611A.68 shall be known as the "Minnesota Crime Victims Reimbursement Act."
History:
1974 c 463 s 1; 1983 c 262 art 1 s 6; 1995 c 226 art 7 s 25; 2023 c 52 art 5 s 56
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.54 — Amount Of Reimbursement.

611A.54 AMOUNT OF REIMBURSEMENT.
Reimbursement shall equal economic loss except that:
(1) reimbursement shall be reduced to the extent that economic loss is recouped from a collateral source or collateral sources. Where compensation is readily available to a claimant from a collateral source, the claimant must take reasonable steps to recoup from the collateral source before claiming reimbursement;
(2) reimbursement shall be denied or reduced to the extent, if any, that the board deems reasonable because of the contributory misconduct of the claimant or of a victim through whom the claimant claims. Contributory misconduct does not include current or past affiliation with any particular group; and
(3) reimbursement paid to all claimants suffering economic loss as the result of the injury or death of any one victim shall not exceed $50,000.
No employer may deny an employee an award of benefits based on the employee's eligibility or potential eligibility for reimbursement.
History:
1974 c 463 s 4; 1977 c 356 s 1; 1983 c 262 art 1 s 6; 1Sp1985 c 4 s 12; 1986 c 444; 1986 c 463 s 16; 1989 c 264 s 5; 2023 c 52 art 5 s 61
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.55 — Crime Victims Reimbursement Board.

611A.55 CRIME VICTIMS REIMBURSEMENT BOARD.
Subdivision 1.
Creation of 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.
Subd. 2.
Membership, terms and compensation.
The membership terms, compensation, removal of members, and filling of vacancies on the board shall be as provided in section 15.0575.
Subd. 3.
Part-time service.
Members of the board shall serve part time.
History:
1974 c 463 s 5; 1976 c 134 s 64,65; 1983 c 262 art 1 s 6; 1983 c 305 s 23; 1984 c 531 s 7; 1Sp1985 c 4 s 13,14; 1986 c 444; 2007 c 13 art 1 s 17,18; 2023 c 52 art 5 s 62
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.56 — Powers And Duties Of Board.

611A.56 POWERS AND DUTIES OF BOARD.
Subdivision 1.
Duties.
In addition to carrying out any duties specified elsewhere in sections 611A.51 to 611A.68 or in other law, the board shall:
(1) provide all claimants with an opportunity for hearing pursuant to chapter 14;
(2) adopt rules to implement and administer sections 611A.51 to 611A.68, including rules governing the method of practice and procedure before the board, prescribing the manner in which applications for reimbursement shall be made, and providing for discovery proceedings;
(3) publicize widely the availability of reimbursement and the method of making claims; and
(4) prepare and transmit annually to the governor and the commissioner of public safety a report of its activities including the number of claims awarded, a brief description of the facts in each case, the amount of reimbursement awarded, and a statistical summary of claims and awards made and denied.
Subd. 2.
Powers.
In addition to exercising any powers specified elsewhere in sections 611A.51 to 611A.68 or other law, the board upon its own motion or the motion of a claimant or the attorney general may:
(1) issue subpoenas for the appearance of witnesses and the production of books, records, and other documents;
(2) administer oaths and affirmations and cause to be taken affidavits and depositions within and without this state;
(3) take notice of judicially cognizable facts and general, technical, and scientific facts within their specialized knowledge;
(4) order a mental or physical examination of a victim or an autopsy of a deceased victim provided that notice is given to the person to be examined and that the claimant and the attorney general receive copies of any resulting report;
(5) suspend or postpone the proceedings on a claim if a criminal prosecution arising out of the incident which is the basis of the claim has been commenced or is imminent;
(6) request from prosecuting attorneys and law enforcement officers investigations and data to enable the board to perform its duties under sections 611A.51 to 611A.68;
(7) grant emergency reimbursement pending the final determination of a claim if it is one with respect to which an award will probably be made and undue hardship will result to the claimant if immediate payment is not made; and
(8) reconsider any decision granting or denying reimbursement or determining their amount.
History:
1974 c 463 s 6; 1982 c 424 s 130; 1983 c 262 art 1 s 6; 1Sp1985 c 4 s 15; 1986 c 463 s 17; 1988 c 638 s 6; 1997 c 7 art 2 s 64; 2023 c 52 art 5 s 63
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.57 — Determination Of Claims.

611A.57 DETERMINATION OF CLAIMS.
Subdivision 1.
[Repealed, 1993 c 326 art 6 s 26]
Subd. 2.
Investigation.
The board staff shall examine the papers filed in support of the claim and cause an investigation to be conducted into the validity of a claim to the extent that an investigation is necessary.
Subd. 3.
Claim decision.
The board executive director may decide the claim in favor of a claimant in the amount claimed on the basis of the papers filed in support of it and the report of the investigation of such claim. If unable to decide the claim upon the basis of the papers and any report of investigation, the board executive director shall discuss the matter with other members of the board present at a board meeting. After discussion the board shall vote on whether to grant or deny the claim or whether further investigation is necessary. A decision granting or denying the claim shall then be issued by the executive director.
Subd. 4.
Written decision.
The written decision granting or denying a claim shall be filed with the board, and a copy shall be provided to the claimant.
Subd. 5.
Reconsideration.
The claimant may, within 30 days after receiving the decision of the board, apply for reconsideration before the entire board. Upon request for reconsideration, the board shall reexamine all information filed by the claimant, including any new information the claimant provides, and all information obtained by investigation. The board may also conduct additional examination into the validity of the claim. Upon reconsideration, the board may affirm, modify, or reverse the prior ruling. A claimant denied reimbursement upon reconsideration is entitled to a contested case hearing within the meaning of chapter 14.
Subd. 6.
Data.
Claims for reimbursement and supporting documents and reports are investigative data and subject to the provisions of section 13.39 until the claim is paid, denied, withdrawn, or abandoned. Following the payment, denial, withdrawal, or abandonment of a claim, the claim and supporting documents and reports are private data on individuals as defined in section 13.02, subdivision 12; provided that the board may forward any reimbursement claim forms, supporting documents, and reports to local law enforcement authorities for purposes of implementing section 611A.67.
History:
1974 c 463 s 7; 1983 c 262 art 1 s 6; 1986 c 444; 1986 c 463 s 18; 1987 c 244 s 5; 1990 c 579 s 12; 1993 c 326 art 6 s 15-17; 2023 c 52 art 5 s 64,65
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.58 — Attorney Fees; Limitation For Representation Before Board.

611A.58 ATTORNEY FEES; LIMITATION FOR REPRESENTATION BEFORE BOARD.
The board may limit the fee charged by any attorney for representing a claimant before the board.
History:
1975 c 246 s 2; 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.60 — Reimbursement; How Paid.

611A.60 REIMBURSEMENT; HOW PAID.
Reimbursement may be awarded in a lump sum or in installments in the discretion of the board. The amount of any emergency award shall be deducted from the final award, if a lump sum, or prorated over a period of time if the final award is made in installments. Reimbursement is exempt from execution or attachment except by persons who have supplied services, products or accommodations to the victim as a result of the injury or death which is the basis of the claim. The board, in its discretion may order that all or part of the reimbursement awarded be paid directly to these suppliers.
History:
1974 c 463 s 9; 1983 c 262 art 1 s 6; 2023 c 52 art 5 s 66
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.61 — Subrogation.

611A.61 SUBROGATION.
Subdivision 1.
Subrogation rights of state.
The state shall be subrogated, to the extent of reimbursement awarded, to all the claimant's rights to recover benefits or advantages for economic loss from a source which is or, if readily available to the victim or claimant would be, a collateral source. Nothing in this section shall limit the claimant's right to bring a cause of action to recover for other damages.
Subd. 2.
Duty of claimant to assist.
A claimant who receives reimbursement must agree to assist the state in pursuing any subrogation rights arising out of the claim. The board may require a claimant to agree to represent the state's subrogation interests if the claimant brings a cause of action for damages arising out of the crime or occurrence for which the board has awarded reimbursement. An attorney who represents the state's subrogation interests pursuant to the client's agreement with the board is entitled to reasonable attorney's fees not to exceed one-third of the amount recovered on behalf of the state.
Subd. 3.
[Repealed, 1995 c 226 art 7 s 26]
History:
1974 c 463 s 10; 1979 c 173 s 1; 1983 c 262 art 1 s 6; 1986 c 463 s 19; 1987 c 358 s 127; 1989 c 335 art 4 s 101; 2023 c 52 art 5 s 67
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.612 — Crime Victims Account.

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.
History:
1995 c 226 art 7 s 13; 1999 c 136 s 4; 2023 c 52 art 5 s 68
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.62 — Medical Privilege.

611A.62 MEDICAL PRIVILEGE.
There is no privilege as to communication or records relevant to an issue of the physical, mental, or emotional condition of the claimant or victim in a proceeding under sections 611A.51 to 611A.56 in which that condition is an issue. Nothing contained in this section shall be interpreted to abridge the attorney-client privilege.
History:
1974 c 463 s 11; 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.63 — Enforcement Of Board's Orders.

611A.63 ENFORCEMENT OF BOARD'S ORDERS.
If a person refuses to comply with an order of the board or asserts a privilege to withhold or suppress evidence relevant to a claim, the board may make any just order including denial of the claim, but may not find the person in contempt. If necessary to carry out any of its powers and duties, the board may petition the district court for an appropriate order, but the court may not find a person in contempt for refusal to submit to a mental or physical examination.
History:
1974 c 463 s 12; 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.64 — Department Of Corrections; Restitution.

611A.64 DEPARTMENT OF CORRECTIONS; RESTITUTION.
The Department of Corrections may, as a means of assisting in the rehabilitation of persons committed to their care, establish programs and procedures whereby such persons may contribute toward restitution of those persons injured as a consequence of their criminal acts.
History:
1974 c 463 s 13; 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.65 — Use Of Record Of Claim; Evidence.

611A.65 USE OF RECORD OF CLAIM; EVIDENCE.
Neither a record of the proceedings on a claim, a decision of the board, nor the fact that an award has been made or denied shall be admissible as evidence in any criminal or civil action against the alleged offender, except an action by the state on its subrogation claim.
History:
1974 c 463 s 14; 1979 c 173 s 2; 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.66 — Law Enforcement Agencies; Duty To Inform Victims Of Right To File Claim.

611A.66 LAW ENFORCEMENT AGENCIES; DUTY TO INFORM VICTIMS OF RIGHT TO FILE CLAIM.
All law enforcement agencies investigating crimes shall provide victims with notice of their right to apply for reimbursement with the telephone number and website information to obtain an application form.
Law enforcement agencies shall assist the board in performing its duties under sections 611A.51 to 611A.68. Law enforcement agencies within ten days after receiving a request from the board shall supply the board with requested reports, notwithstanding any provisions to the contrary in chapter 13, and including reports otherwise maintained as confidential or not open to inspection under section 260B.171 or 260C.171. All data released to the board retains the data classification that it had in the possession of the law enforcement agency.
History:
1974 c 463 s 15; 1983 c 262 art 1 s 6; 1987 c 244 s 6; 1993 c 326 art 6 s 18; 1995 c 266 art 7 s 25; 1999 c 139 art 4 s 2; 2023 c 52 art 5 s 69
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.67 — Fraudulent Claims; Penalty.

611A.67 FRAUDULENT CLAIMS; PENALTY.
Any person who knowingly makes a false claim under sections 611A.51 to 611A.68 is guilty of a gross misdemeanor.
History:
1974 c 463 s 16; 1983 c 262 art 1 s 6; 1988 c 638 s 7
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.72 — Citation.

611A.72 CITATION.
Sections 611A.72 to 611A.74 may be cited as the "Crime Victim Oversight Act."
History:
1Sp1985 c 4 s 18; 2002 c 220 art 7 s 19
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.73 — Definitions.

611A.73 DEFINITIONS.
Subdivision 1.
Definitions.
The definitions in this section apply to this section and section 611A.74.
Subd. 2.
Appropriate authority.
"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.
Subd. 3.
Elements of the criminal justice system.
"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.
Subd. 4.
Victim.
"Victim" refers to anyone or the next of kin of anyone who has been or purports to have been subjected to a criminal act, whether a felony, a gross misdemeanor, or misdemeanor.
Subd. 5.
Victim assistance program.
"Victim assistance program" refers to any entity which provides or claims to provide services and assistance to victims on a regular, ongoing basis.
Subd. 6.
Commissioner.
"Commissioner" means the commissioner of public safety.
History:
1Sp1985 c 4 s 19; 1995 c 226 art 7 s 16; 2002 c 220 art 7 s 20,21
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.76 — Crime Victim Services Telephone Line.

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.
History:
1992 c 571 art 5 s 9; 2014 c 212 art 1 s 11
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.77 — Mediation Programs For Crime Victims And Offenders.

611A.77 MEDIATION PROGRAMS FOR CRIME VICTIMS AND OFFENDERS.
Subdivision 1.
Grants.
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.
Subd. 2.
Programs.
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.
Subd. 3.
Mediator qualifications.
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.
Subd. 4.
Match required.
A nonprofit organization may not receive a grant under this section unless the group has raised a matching amount from other sources.
History:
1992 c 571 art 5 s 10; 1994 c 576 s 54; 1999 c 216 art 6 s 18; 2013 c 125 art 1 s 96-98
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.775 — Restorative Justice Programs.

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.
History:
1998 c 367 art 2 s 25
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.79 — Civil Damages For Bias Offenses.

611A.79 CIVIL DAMAGES FOR BIAS OFFENSES.
Subdivision 1.
Definition.
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.
Subd. 2.
Cause of action; damages and fees injunction.
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.
Subd. 3.
Relation to criminal proceeding; burden of proof.
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.
Subd. 4.
Parental liability.
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.
Subd. 5.
Trial; limitation period.
(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.
Subd. 6.
Other rights preserved.
The remedies under this section do not affect any rights or remedies of the plaintiff under other law.
History:
1996 c 468 s 1
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.80 — Definitions.

611A.80 DEFINITIONS.
Subdivision 1.
General.
The definitions in this section apply to sections 611A.80 to 611A.88.
Subd. 2.
Coerce.
"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.
Subd. 3.
Promotes the prostitution of an individual.
"Promotes the prostitution of an individual" has the meaning given in section 609.321, subdivision 7.
Subd. 4.
Prostitution.
"Prostitution" has the meaning given in section 609.321, subdivision 9.
History:
1994 c 624 s 1
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.81 — Cause Of Action For Coercion For Use In Prostitution.

611A.81 CAUSE OF ACTION FOR COERCION FOR USE IN PROSTITUTION.
Subdivision 1.
Cause of action created.
(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.
Subd. 2.
Damages.
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.
History:
1994 c 624 s 2
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.82 — Acts Not Defenses.

611A.82 ACTS NOT DEFENSES.
None of the following shall alone or jointly be a sufficient defense to an action under section 611A.81:
(1) the plaintiff consented to engage in acts of prostitution;
(2) the plaintiff was paid or otherwise compensated for acts of prostitution;
(3) the plaintiff engaged in acts of prostitution prior to any involvement with the defendant;
(4) the plaintiff apparently initiated involvement with the defendant;
(5) the plaintiff made no attempt to escape, flee, or otherwise terminate contact with the defendant;
(6) the defendant had not engaged in prior acts of prostitution with the plaintiff;
(7) as a condition of employment, the defendant required the plaintiff to agree not to engage in prostitution; or
(8) the defendant's place of business was posted with signs prohibiting prostitution or prostitution-related activities.
History:
1994 c 624 s 3
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.83 — Evidence.

611A.83 EVIDENCE.
Subdivision 1.
Use in other proceedings.
In the course of litigation under section 611A.81, any transaction about which a plaintiff testifies or produces evidence does not subject the plaintiff to criminal prosecution or any penalty or forfeiture. Any testimony or evidence, documentary or otherwise, or information directly or indirectly derived from that testimony or evidence that is given or produced by a plaintiff or a witness for a plaintiff may not be used against that person in any other investigation or proceeding, other than a criminal investigation or proceeding for perjury committed while giving the testimony or producing the evidence.
Subd. 2.
Convictions.
Evidence of convictions for prostitution or prostitution-related offenses is inadmissible in a proceeding brought under section 611A.81 for purposes of attacking the plaintiff's credibility. If the court admits evidence of prior convictions for purposes permitted under Minnesota Rules of Evidence, rule 404(b) with respect to motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident, the fact finder may consider the evidence solely for those purposes and shall disregard details offered to prove any fact that is not relevant.
History:
1994 c 624 s 4
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.84 — Statute Of Limitations.

611A.84 STATUTE OF LIMITATIONS.
An action for damages under section 611A.81 must be commenced not later than six years after the cause of action arises, except that the running of the limitation period is suspended during the time that coercion as defined in section 611A.80 continues, or as otherwise provided by section 541.13 or 541.15.
History:
1994 c 624 s 5
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.85 — Other Remedies Preserved.

611A.85 OTHER REMEDIES PRESERVED.
Sections 611A.80 to 611A.88 do not affect the right of any person to bring an action or use any remedy available under other law, including common law, to recover damages arising out of the use of the individual in prostitution or the coercion incident to the individual being used in prostitution; nor do sections 611A.80 to 611A.88 limit or restrict the liability of any person under other law.
History:
1994 c 624 s 6