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Legal Resouces for Minnesota January 17, 2007 7:26 AM

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Minnesota & Local Law

Sub-Categories:

  • Minnesota Constitution
  • Minnesota Statutes
  • Minnesota Session Laws
  • Minnesota Legislative History
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  • Minnesota State Register
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  • Minnesota State Court Rules
  • Minnesota Administrative Tribunal Decisions
  • Minnesota Administrative Tribunal Rules
  • Special Purpose Entity Regulations and Policies
  • Minnesota County Ordinances
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  • School District Regulations and Policies

    See also:

  • Minnesota & Local Government
  • Federal Law
  • Forms & Documents
  • Legal Reference
  • Legal Topics & Problems
  • Local Government Law  [ send green star]  [ accepted]
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     January 17, 2007 8:00 AM

    Minnesota & Local Government

    Sub-Categories:

  • Minnesota Legislative Branch
  • Minnesota Executive Branch
  • Minnesota Judicial Branch
  • Minnesota Government Web Portal
  • Minnesota Administrative Tribunals
  • Minnesota Special Purpose Entities
  • Minnesota County Government
  • Minnesota Township Government
  • Minnesota City Government
  • Minnesota Fire Departments
  • Minnesota School Districts
  • Minnesota Watershed Districts
  • Minnesota and Local Public Records
  • Minnesota State Government Shutdown 2005

    Resources in this category:    

  • Minnesota Government White Pages (State of Minnesota)

    State of Minnesota online employee directory. Search by entering any part of an employee's name and deciding whether to search the entire directory or limit the search to a single agency or board. Includes the Attorney General, Court of Appeals, Supreme Court, Tax Court, trial courts, and Workers Compensation Court of Appeals. Results return name, title, agency, address, E-mail address, if the employee's agency participates in the state E-mail system, telephone number, and fax number. Information published comes from the State payroll system, which is updated daily.
       Minnesota Guidebook to State Agency Services 2001-2003 A/k/a State of Minnesota Yellow Pages Directory (State of Minnesota)
    Shows you where to go and who to contact when you don't know where to go or you need a quick refresher. Wonderful!
       Minnesota Legislative Manual (the Bluebook) (Minnesota Secretary of State)
    Available online but also free in print to anyone who requests a copy. Contents: Chapter 1 Fed  [ send green star]  [ accepted]
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     January 17, 2007 8:17 AM

    Some Legal Topics & Problems

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     January 17, 2007 8:28 AM

    Forms & Documents

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    hi January 17, 2007 11:01 AM

    Good job TW you are great love JOANN  [ send green star]
     
     February 17, 2007 9:34 AM

     http://www.cuapb.org/HomePage.asp

    Communities United Against Police Brutality

    Communities United Against Police Brutality is a Twin-Cities based organization that was created to deal with police brutality on an ongoing basis. We work on the day-to-day abuses as well as taking on the more extreme cases. Our overriding goal is to create a climate of resistance to abuse of authority by police organizations and to empower local people with a structure that can take on police brutality and actually bring it to an end. We provide support for survivors of police brutality and families of victims so they can reclaim their dignity and join the struggle to end police brutality.

     



    24-HOUR HOTLINE: 612-874-STOP (612-874-7867)

    For a report on Minneapolis Police Officers with the Most Complaints from the Community, click on the the Reports and Documents tab. To see complaints on individual officers, click on the Police Complaints tab by officer last name.

    The MN legislature passed a new law in the last session that criminalizes so-called "false" reporting of police brutality.  This law is a violation of the First Amendment AND will make people afraid to report police brutality that can't be proven.  Sign our petition to eliminate this terrible law.  Go to http://new.PetitionOnline.com/cuapb02/petition.html to add your name.

     [ send green star]  [ accepted]
     
     March 08, 2007 11:16 AM

    243.05, Minnesota Statutes 2006

    Copyright © 2006 by the Office of Revisor of Statutes, State of Minnesota.

    609.185 who has not been previously
    convicted of a felony shall be paroled without having served 20 years, less the diminution that
    would have been allowed for good conduct had the sentence been for 20 years;
    (2) no inmate serving a life sentence for committing murder before May 1, 1980, who has
    been previously convicted of a felony or though not previously convicted of a felony is serving a
    life sentence for murder in the first degree committed in violation of clause (1) of section
    609.185
    shall be paroled without having served 25 years, less the diminution which would have been
    allowed for good conduct had the sentence been for 25 years;
    (3) any inmate sentenced prior to September 1, 1963, who would be eligible for parole had
    the inmate been sentenced after September 1, 1963, shall be eligible for parole; and
    (4) any new rule or policy or change of rule or policy adopted by the commissioner of
    corrections which has the effect of postponing eligibility for parole has prospective effect only
    and applies only with respect to persons committing offenses after the effective date of the new
    rule or policy or change.
    (b) Upon being paroled and released, an inmate is and remains in the legal custody and under
    the control of the commissioner, subject at any time to be returned to a facility of the Department
    of Corrections established by law for the confinement or treatment of convicted persons and the
    parole rescinded by the commissioner.
    (c) The written order of the commissioner of corrections, is sufficient authority for any peace
    officer, state correctional investigator, or state parole and probation agent to retake and place in
    actual custody any person on parole or supervised release. In addition, when it appears necessary
    in order to prevent escape or enforce discipline, any state parole and probation agent or state
    correctional investigator may, without order of warrant, take and detain a parolee or person on
    supervised release or work release and bring the person to the commissioner for action.
    (d) The written order of the commissioner of corrections is sufficient authority for any peace
    officer, state correctional investigator, or state parole and probation agent to retake and place in
    actual custody any person on probation under the supervision of the commissioner pursuant to
    section
    609.135. Additionally, when it appears necessary in order to prevent escape or enforce
    discipline, any state parole and probation agent or state correctional investigator may, without
    an order, retake and detain a probationer and bring the probationer before the court for further
    proceedings under section
    609.14.
    (e) The written order of the commissioner of corrections is sufficient authority for any
    peace officer, state correctional investigator, or state parole and probation agent to detain any
    person on pretrial release who absconds from pretrial release or fails to abide by the conditions of
    pretrial release.
    (f) Persons conditionally released, and those on probation under the supervision of the
    commissioner of corrections pursuant to section
    609.135 may be placed within or outside the
    boundaries of the state at the discretion of the commissioner of corrections or the court, and the
    limits fixed for these persons may be enlarged or reduced according to their conduct.
    (g) Except as otherwise provided in subdivision 1b, in considering applications for
    conditional release or discharge, the commissioner is not required to hear oral argument from any
    attorney or other person not connected with an adult correctional facility of the Department of
    Corrections in favor of or against the parole or release of any inmates. The commissioner may
    institute i  [ send green star]  [ accepted]
     
    CONTINUED... March 08, 2007 11:23 AM

    institute inquiries by correspondence, taking testimony, or otherwise, as to the previous history,
    physical or mental condition, and character of the inmate and, to that end, has the authority to
    require the attendance of the chief executive officer of any state adult correctional facility and
    the production of the records of these facilities, and to compel the attendance of witnesses. The
    commissioner is authorized to administer oaths to witnesses for these purposes.
    (h) Unless the district court directs otherwise, state parole and probation agents may
    require a person who is under the supervision of the commissioner of corrections to perform
    community work service for violating a condition of probation imposed by the court. Community
    work service may be imposed for the purpose of protecting the public, to aid the offender's
    rehabilitation, or both. Agents may impose up to eight hours of community work service for
    each violation and up to a total of 24 hours per offender per 12-month period, beginning with
    the date on which community work service is first imposed. The commissioner may authorize
    an additional 40 hours of community work services, for a total of 64 hours per offender per
    12-month period, beginning with the date on which community work service is first imposed.

    At the time community work service is imposed, parole and probation agents are required to
    provide written notice to the offender that states:
    (1) the condition of probation that has been violated;
    (2) the number of hours of community work service imposed for the violation; and
    (3) the total number of hours of community work service imposed to date in the 12-month
    period.
    An offender may challenge the imposition of community work service by filing a petition
    in district court. An offender must file the petition within five days of receiving written notice
    that community work service is being imposed. If the offender challenges the imposition of
    community work service, the state bears the burden of showing, by a preponderance of the
    evidence, that the imposition of community work service is reasonable under the circumstances.
    Community work service includes sentencing to service.
    27.01 of the Rules of Criminal Procedure.
    The written order of the commissioner of corrections is sufficient authority for any state parole
    and probation agent to take the person into custody without a warrant and to take the person
    before the court without further delay.
        Subd. 1b. Victim's rights. (a) This subdivision applies to parole decisions relating to inmates
    convicted of first degree murder who are described in subdivision 1, clauses (a) and (b). As used
    in this subdivision, "victim" means the murder victim's surviving spouse or next of kin.
    (b) The commissioner shall make reasonable efforts to notify the victim, in advance, of the
    time and place of the inmate's parole review hearing. The victim has a right to submit an oral
    or written statement at the review hearing. The statement may summarize the harm suffered
    by the victim as a result of the crime and give the victim's recommendation on whether the
    inmate should be paroled at that time. The commissioner must consider the victim's statement
    when making the parole decision.
        Subd. 2. Rules. The commissioner of corrections may adopt rules in accordance with chapter
    14, the Administrative Procedure Act, governing the procedures for granting of conditional
    release and final discharge. The rules may provide for the conduct and employment of persons
    conditionally released, and other matters necessary to implement the duties conferred by law upon
    the commissioner with respect to conditional release and discharge of persons. For purposes of this
    subdivision, "conditional release" means a person on parole, work release, or supervised release.
        Subd. 3. Duty of commissioner; final discharge. It is the duty of the commissioner of
    corrections to keep in communication, as far as possible, with all persons who are on parole
    and with their employers. The commissioner may grant a person on parole a final discharge
    from any sentence when:
    (a) the person on parole has complied with the conditions of parole for a period of time
    sufficient to satisfy the commissioner that the parolee is reliable and trustworthy;
    (b) the commissioner is satisfied the person on parole will remain at liberty without violating
    the law; and
    (c) final discharge is not incompatible with the welfare of society.
    Upon the granting of a final discharge, the commissioner shall issue a certificate of final
    discharge to the person discharged and also cause a record of the acts of the inmate to  [ send green star]  [ accepted]

     
     March 08, 2007 11:24 AM

     Subd. 3. Duty of commissioner; final discharge. It is the duty of the commissioner of
    corrections to keep in communication, as far as possible, with all persons who are on parole
    and with their employers. The commissioner may grant a person on parole a final discharge
    from any sentence when:
    (a) the person on parole has complied with the conditions of parole for a period of time
    sufficient to satisfy the commissioner that the parolee is reliable and trustworthy;
    (b) the commissioner is satisfied the person on parole will remain at liberty without violating
    the law; and
    (c) final discharge is not incompatible with the welfare of society.
    Upon the granting of a final discharge, the commissioner shall issue a certificate of final
    discharge to the person discharged and also cause a record of the acts of the inmate to be made.
    The record shall show the date of the inmate's confinement, the inmate's record while in prison,
    the date of parole, the inmate's record while on parole, reasons underlying the decision for final
    discharge, and other facts which the commissioner regards as appropriate. Nothing in this section
    or section
    244.05 shall be construed as impairing the power of the board of pardons to grant a
    pardon or commutation in any case.
    242.19.
    (b) The commissioner of corrections shall exercise supervision over probationers as provided
    in section
    609.135, and over persons conditionally released pursuant to section 241.26.
    (c) For the purposes of clauses (a) and (b), and sections
    609.115 and 609.135, subdivision
    1 , the commissioner shall appoint state agents who shall be in the classified service of the state
    civil service. The commissioner may also appoint suitable persons in any part of the state or enter
    into agreements with individuals and public or private agencies, for the same purposes, and
    pay the costs incurred under the agreements. Each agent or person shall perform the duties the
    commissioner may prescribe in behalf of or in the supervision of those persons described in
    clause (b). In addition, each agent or person shall act under the orders of the commissioner in the
    supervision of those persons conditionally released as provided in clause (a). Agents shall provide
    assistance to conditionally released persons in obtaining employment, and shall conduct relevant
    investigations and studies of persons under supervision upon the request of the commissioner.
    Regional supervisors may also supervise state parole agents as directed by the commissioner of
    corrections. This duty shall not interfere with the supervisor's responsibility under the County
    Probation Act, Laws 1959, chapter 698.
    History:
    (10770) 1911 c 298 s 6; 1931 c 161 s 4; 1935 c 110 s 2; 1951 c 682 s 1; 1955 c
    261 s 1; 1959 c 263 s 3; 1959 c 590 s  [ send green star]  [ accepted]
     
     March 08, 2007 12:11 PM

    ALLEGATIONS OF MISCONDUCT MODEL POLICY

    Minnesota Rules, Chapters 6700.2200 through 6700.2600

    I.              POLICY

    It is the policy of the __________________________ (law enforcement agency) that any person who believes that an employee of the __________________________ (law enforcement agency) has acted improperly may bring a complaint to the chief law enforcement officer’s attention pursuant to the following procedure.

    II.      DEFINITIONS

    For the purpose of this policy, the terms set forth below are defined as follows:

    A.      Chief Law Enforcement Officer means the chief of police, sheriff, state law enforcement director, or a designee.  Within this model policy, the chief law enforcement officer will be referred to as CLEO.

    B.     Complainant means a person who submits a complaint to the CLEO alleging misconduct by an agency member.

    C.     Compl  [ send green star]  [ accepted]

     
     March 08, 2007 12:11 PM

    C.     Complaint means a statement, which is made to or by a CLEO in writing, which alleges misconduct.

    D.    Member means all voluntary and compensated personnel of the agency.

    E.     Discipline means:

    1.      oral reprimand,

    2.      written reprimand,3.      suspension,

    4.      demotion, or5.      discharge.

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     March 08, 2007 12:14 PM

    F.      Exonerated means a fair preponderance of the evidence established either that:

    1.      the act, or acts complained of, did not occur;

    2.      the agency member named in the complaint was not involved in the alleged misconduct; or

    3.      the act(s) that provided the basis for the complaint occurred; however, the investigation reveals that such act(s) were justified, lawful or proper.

    G.    Not Sustained means the investigation failed to disclose sufficient evidence to prove or disprove the allegations made in the complaint.

    H.     Sustained means a fair preponderance of the evidence obtained  [ send green star]  [ accepted]

     
     March 08, 2007 12:16 PM

     obtained in the investigation established that the accused person’s actions constituted misconduct.

    I.        Formal Statement means the questioning of an agency member in the course of obtaining a recorded, stenographic, or signed statement to be used as evidence in a disciplinary proceeding against the agency member.

    J.      Respondent means any agency member, whether full-time, part-time, temporary or voluntary, against whom a complaint has been filed.

    K.     Misconduct means:

    1.      a violation of any agency policy and procedure governing conduct of agency members;

    2.      the use of unnecessary or excessive force;

    3.      the conviction of any criminal offense;

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     April 15, 2007 4:31 AM

    Links   http://www.ombudmhmr.state.mn.us/links/default.htm

    The following links are provided for information purposes. 

    Minnesota GovernmentMental Health and Developmental Disabilities
    • ACT - Advocating Change Together 
      Advocating Change Together (ACT) is a grassroots disability rights organization run by and for people with developmental and other disabilities.
    • ARC Minnesota 
      Advocacy and support for people with mental disabilities and their families
    • ARRM
      ARRM leads the advancement of community-based services that support people with disabilities in their pursuit of meaningful lives. Founded in 1970 by a group of private providers, ARRM is an association of 150 providers supporting thousands of people with disabilities. Our members provide services through the DD, TBI, CADI and CAC waivers, and ICFs/MR and SILS.
    • Center for Psychiatric Rehabilitation
      An interactive and informative web site for people with a psychiatric condition that addresses issues and reasonable accommodations related to work and school. This is the only site designed exclusively to provide information about the Americans with Disabilities Act (ADA) and other employment and education issues for people with psychiatric disabilities.
    • Internet Mental Health
      Information on various mental health issues.
    • Mental Health Association of Minnesota  [ send green star]  [ accepted]
     
    CONTINUED... April 15, 2007 4:33 AM

    Reports and Documents Other Resources
     
     April 15, 2007 4:34 AM

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