HF 3168

2nd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to corrections; clarifying mandatory 
  1.3             sentences for driving while impaired offenders; 
  1.4             enhancing offender accountability by requiring 
  1.5             offender co-payment of certain sex offender treatment 
  1.6             fees; requiring an independent, contracted, 
  1.7             board-certified forensic pathologist to sign the 
  1.8             record of death on department incarcerated deaths; 
  1.9             authorizing the metropolitan transit police to carry 
  1.10            out criminal investigations and be issued search 
  1.11            warrants; requiring transit police to notify law 
  1.12            enforcement agencies with primary jurisdiction of 
  1.13            investigations under certain circumstances; amending 
  1.14            Minnesota Statutes 2000, sections 241.67, by adding a 
  1.15            subdivision; 473.407, subdivisions 1, 2, 3; 626.05, 
  1.16            subdivision 2; Minnesota Statutes 2001 Supplement, 
  1.17            sections 169A.276, subdivision 1; 390.23; 626.11; 
  1.18            626.13. 
  1.19  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.20     Section 1.  Minnesota Statutes 2000, section 241.67, is 
  1.21  amended by adding a subdivision to read: 
  1.22     Subd. 10.  [SEX OFFENDER TREATMENT FEE.] The commissioner 
  1.23  of corrections may authorize sex offender treatment providers to 
  1.24  charge and collect treatment co-pays from all offenders in their 
  1.25  treatment program.  The amount of treatment co-pay assessed to 
  1.26  each offender shall be based upon a fee schedule approved by the 
  1.27  commissioner.  Fees collected under this authority shall be used 
  1.28  by the treatment provider to fund the cost of treatment provided.
  1.29     Sec. 2.  Minnesota Statutes 2001 Supplement, section 
  1.30  390.23, is amended to read: 
  1.31     390.23 [RECORDS OF VIOLENT OR MYSTERIOUS DEATH.] 
  1.32     No person, other than the county coroner, medical examiner, 
  2.1   or judge exercising probate jurisdiction, or department of 
  2.2   corrections independent, contracted, board-certified forensic 
  2.3   pathologist shall issue a record of death in cases of violent or 
  2.4   mysterious deaths, including suspected homicides, occurring in 
  2.5   the county.  The department of corrections independent, 
  2.6   contracted, board-certified forensic pathologist may issue the 
  2.7   certificate of death in all department of corrections 
  2.8   incarcerated deaths. 
  2.9      Sec. 3.  Minnesota Statutes 2001 Supplement, section 
  2.10  169A.276, subdivision 1, is amended to read: 
  2.11     Subdivision 1.  [MANDATORY PRISON SENTENCE.] (a) The court 
  2.12  shall impose a sentence upon a person who is convicted of a 
  2.13  violation of section 169A.20 (driving while impaired) under the 
  2.14  circumstances described in section 169A.24 (first-degree driving 
  2.15  while impaired) to of imprisonment for not less than three years.
  2.16  In addition, the court may order the person to pay a fine of not 
  2.17  more than $14,000.  
  2.18     (b) The court may stay execution of this mandatory sentence 
  2.19  as provided in subdivision 2 (stay of mandatory sentence), but 
  2.20  may not stay imposition or adjudication of the sentence or 
  2.21  impose a sentence that has a duration of less than three years. 
  2.22     (c) An offender committed to the custody of the 
  2.23  commissioner of corrections under this subdivision is not 
  2.24  eligible for release as provided in section 241.26, 244.065, 
  2.25  244.12, or 244.17, unless the offender has successfully 
  2.26  completed a chemical dependency treatment program while in 
  2.27  prison.  
  2.28     (d) Notwithstanding the statutory maximum sentence provided 
  2.29  in section 169A.24 (first-degree driving while impaired), when 
  2.30  the court commits a person to the custody of the commissioner of 
  2.31  corrections under this subdivision, it shall provide that after 
  2.32  the person has been released from prison the commissioner shall 
  2.33  place the person on conditional release for five years.  The 
  2.34  commissioner shall impose any conditions of release that the 
  2.35  commissioner deems appropriate including, but not limited to, 
  2.36  successful completion of an intensive probation program as 
  3.1   described in section 169A.74 (pilot programs of intensive 
  3.2   probation for repeat DWI offenders).  If the person fails to 
  3.3   comply with any condition of release, the commissioner may 
  3.4   revoke the person's conditional release and order the person to 
  3.5   serve all or part of the remaining portion of the conditional 
  3.6   release term in prison.  The commissioner may not dismiss the 
  3.7   person from supervision before the conditional release term 
  3.8   expires.  Except as otherwise provided in this section, 
  3.9   conditional release is governed by provisions relating to 
  3.10  supervised release.  The failure of a court to direct the 
  3.11  commissioner of corrections to place the person on conditional 
  3.12  release, as required in this paragraph, does not affect the 
  3.13  applicability of the conditional release provisions to the 
  3.14  person. 
  3.15     (e) The commissioner shall require persons placed on 
  3.16  supervised or conditional release under this subdivision to pay 
  3.17  as much of the costs of the supervision as possible.  The 
  3.18  commissioner shall develop appropriate standards for this. 
  3.19     Sec. 4.  Minnesota Statutes 2000, section 473.407, 
  3.20  subdivision 1, is amended to read: 
  3.21     Subdivision 1.  [AUTHORIZATION.] The council may appoint 
  3.22  peace officers, as defined in section 626.84, subdivision 1, 
  3.23  paragraph (c), and establish a law enforcement agency, as 
  3.24  defined in section 626.84, subdivision 1, paragraph (h), known 
  3.25  as the metropolitan transit police, to police its transit 
  3.26  property and routes, to carry out investigations, and to make 
  3.27  arrests under sections 629.30 and 629.34.  The jurisdiction of 
  3.28  the law enforcement agency is limited to offenses relating to 
  3.29  council transit property, equipment, employees, and passengers. 
  3.30     Sec. 5.  Minnesota Statutes 2000, section 473.407, 
  3.31  subdivision 2, is amended to read: 
  3.32     Subd. 2.  [LIMITATIONS ARRESTS AND SUBSEQUENT 
  3.33  INVESTIGATIONS.] The initial processing of a person arrested by 
  3.34  the transit police for an offense within the agency's 
  3.35  jurisdiction is the responsibility of the transit police unless 
  3.36  otherwise directed by the law enforcement agency with primary 
  4.1   jurisdiction.  A subsequent investigation is the responsibility 
  4.2   of the law enforcement agency of the jurisdiction in which the 
  4.3   crime was committed unless the law enforcement agency authorizes 
  4.4   the transit police to assume the subsequent investigation.  The 
  4.5   transit police are not authorized to apply for a search warrant 
  4.6   as prescribed in section 626.05.  At the request of the primary 
  4.7   jurisdiction, the transit police may assist in a subsequent 
  4.8   investigation being carried out by the primary jurisdiction.  
  4.9   Persons arrested for violations which the transit police 
  4.10  determine are not within the agency's jurisdiction must be 
  4.11  referred to the appropriate local law enforcement agency for 
  4.12  further investigation or disposition. 
  4.13     Sec. 6.  Minnesota Statutes 2000, section 473.407, 
  4.14  subdivision 3, is amended to read: 
  4.15     Subd. 3.  [POLICIES POLICY FOR NOTICE OF INVESTIGATIONS.] 
  4.16  Before the council begins to operate its law enforcement agency 
  4.17  within a city or county with an existing law enforcement agency, 
  4.18  the transit police shall develop, in conjunction with the law 
  4.19  enforcement agencies, written policies that describe how the 
  4.20  issues of joint jurisdiction will be resolved.  The policies 
  4.21  must also address the operation of emergency vehicles by transit 
  4.22  police responding to transit emergencies.  These policies must 
  4.23  be filed with the board of peace officer standards and training 
  4.24  by August 1, 1993.  Revisions of any of these policies must be 
  4.25  filed with the board within ten days of the effective date of 
  4.26  the revision.  The transit police must develop a policy for 
  4.27  notifying the law enforcement agency with primary jurisdiction 
  4.28  when it has initiated surveillance or investigation of any 
  4.29  person within the jurisdiction of that agency.  The council 
  4.30  shall train all of its peace officers regarding the application 
  4.31  of these policies this policy. 
  4.32     Sec. 7.  Minnesota Statutes 2000, section 626.05, 
  4.33  subdivision 2, is amended to read: 
  4.34     Subd. 2.  [PEACE OFFICER.] The term "peace officer," as 
  4.35  used in sections 626.04 to 626.17, means a person who is 
  4.36  licensed as a peace officer in accordance with section 626.84, 
  5.1   subdivision 1, and who serves as a sheriff, deputy sheriff, 
  5.2   police officer, constable, conservation officer, agent of the 
  5.3   bureau of criminal apprehension, agent of the division of 
  5.4   alcohol and gambling enforcement, University of Minnesota peace 
  5.5   officer, metropolitan transit police officer, or state patrol 
  5.6   trooper as authorized by section 299D.03. 
  5.7      Sec. 8.  Minnesota Statutes 2001 Supplement, section 
  5.8   626.11, is amended to read: 
  5.9      626.11 [ISSUANCE OF WARRANT.] 
  5.10     If the judge is satisfied of the existence of the grounds 
  5.11  of the application, or that there is probable cause to believe 
  5.12  their existence, the judge must issue a signed search warrant, 
  5.13  naming the judge's judicial office, to a peace officer having 
  5.14  jurisdiction in the area where the place to be searched is 
  5.15  located, to an agent of the bureau of criminal apprehension, to 
  5.16  an officer of the metropolitan transit police, or to an agent of 
  5.17  the division of alcohol and gambling enforcement who is a 
  5.18  licensed peace officer as defined in section 626.84, subdivision 
  5.19  1, paragraph (c).  The warrant shall direct the officer or agent 
  5.20  to search the person or place named for the property or things 
  5.21  specified, and to retain the property or things in the officer's 
  5.22  or agent's custody subject to order of the court issuing the 
  5.23  warrant. 
  5.24     Sec. 9.  Minnesota Statutes 2001 Supplement, section 
  5.25  626.13, is amended to read: 
  5.26     626.13 [SERVICE; PERSONS MAKING.] 
  5.27     A search warrant may in all cases be served anywhere within 
  5.28  the issuing judge's jurisdiction by any of the officers 
  5.29  mentioned in its directions, but by no other person, except in 
  5.30  aid of the officer on the officer's requiring it, the officer 
  5.31  being present and acting in its execution.  If the warrant is to 
  5.32  be served by an agent of the bureau of criminal apprehension, an 
  5.33  agent of the division of alcohol and gambling enforcement, a 
  5.34  state patrol trooper, a metropolitan transit police officer, or 
  5.35  a conservation officer, the agent, state patrol trooper, police 
  5.36  officer, or conservation officer shall notify the chief of 
  6.1   police of an organized full-time police department of the 
  6.2   municipality or, if there is no such local chief of police, the 
  6.3   sheriff or a deputy sheriff of the county in which service is to 
  6.4   be made prior to execution. 
  6.5      Sec. 10.  [APPLICATION.] 
  6.6      Sections 4 to 6 apply in the counties of Anoka, Carver, 
  6.7   Dakota, Hennepin, Ramsey, Scott, and Washington. 
  6.8      Sec. 11.  [EFFECTIVE DATE.] 
  6.9      Sections 4 to 9 are effective the day following final 
  6.10  enactment.