HF 784

2nd Unofficial Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to judiciary finance; appropriating money to 
  1.3             fund courts, corrections, and other agencies; 
  1.4             establishing, funding, modifying, or regulating 
  1.5             certain court, corrections, and other programs, 
  1.6             policies, duties, activities, or practices; making 
  1.7             technical, conforming, and clarifying changes; 
  1.8             providing criminal penalties; setting fines, 
  1.9             surcharges, and fees; amending Minnesota Statutes 
  1.10            2002, sections 243.53, subdivision 1; 271.06, 
  1.11            subdivision 4; 357.021, subdivisions 2, 6, 7; 357.022; 
  1.12            357.08; 609.105, subdivision 1, by adding 
  1.13            subdivisions; 609.145, by adding a subdivision; 
  1.14            609.2231, by adding a subdivision; Laws 2001, First 
  1.15            Special Session chapter 8, article 4, section 2, 
  1.16            subdivision 4; proposing coding for new law in 
  1.17            Minnesota Statutes, chapters 243; 481; 609; 611; 
  1.18            repealing Minnesota Statutes 2002, sections 241.41; 
  1.19            241.42; 241.43; 241.44; 241.441; 241.45. 
  1.20  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.21                             ARTICLE 1
  1.22                           APPROPRIATIONS
  1.23  Section 1.  [APPROPRIATIONS.] 
  1.24     The sums shown in the columns marked "APPROPRIATIONS" are 
  1.25  appropriated from the general fund, or another named fund, to 
  1.26  the agencies and for the purposes specified in this act, to be 
  1.27  available for the fiscal years indicated for each purpose.  The 
  1.28  figures "2003," "2004," and "2005," where used in this act, mean 
  1.29  that the appropriation or appropriations listed under them are 
  1.30  available for the year ending June 30, 2003, June 30, 2004, or 
  1.31  June 30, 2005, respectively.  The term "first year" means the 
  1.32  fiscal year ending June 30, 2004, and the term "second year" 
  2.1   means the fiscal year ending June 30, 2005. 
  2.2                           SUMMARY BY FUND
  2.3                           2004          2005           TOTAL
  2.4   General             $ 653,245,000  $ 677,083,000 $1,330,328,000
  2.5   For 2003 - $35,000
  2.6   Special Revenue    
  2.7   Fund                    1,000,000      1,000,000      2,000,000 
  2.8   TOTAL               $ 654,245,000  $ 678,083,000 $1,332,328,000
  2.9                                              APPROPRIATIONS 
  2.10                                         Available for the Year 
  2.11                                             Ending June 30 
  2.12                                            2004         2005 
  2.13  Sec. 2.  SUPREME COURT      
  2.14  Subdivision 1.  Total       
  2.15  Appropriation                        $39,173,000    $36,520,000
  2.16  Subd. 2.  Supreme Court Operations 
  2.17       5,131,000      5,150,000
  2.18  $5,000 each year is for a contingent 
  2.19  account for expenses necessary for the 
  2.20  normal operation of the court for which 
  2.21  no other reimbursement is provided. 
  2.22  Subd. 3.  Civil Legal Services 
  2.23       7,559,000      7,559,000
  2.24  Subd. 4.  State Court Administration
  2.25      24,394,000     21,722,000
  2.26  Priority shall be given to maintaining 
  2.27  fiscal years 2002 and 2003 biennium 
  2.28  funding levels for court interpreter 
  2.29  programming, children's justice 
  2.30  initiative, guardian ad litem 
  2.31  programming statewide, and the 
  2.32  Minnesota court information system 
  2.33  (MNCIS). 
  2.34  Subd. 5.  Law Library Operations
  2.35       2,089,000      2,089,000
  2.36  Sec. 3.  COURT OF APPEALS              7,957,000      7,994,000
  2.37  Sec. 4.  DISTRICT COURTS             179,924,000    201,101,000
  2.38  Priority shall be given to maintaining 
  2.39  and strengthening fiscal years 2002 and 
  2.40  2003 biennium funding levels for court 
  2.41  interpreter programming, guardian ad 
  2.42  litem programming, and services to 
  2.43  victims of domestic and sexual abuse 
  2.44  and to minimizing the closing of 
  2.45  satellite courts. 
  2.46  The balance of any retired judge usage 
  2.47  funding allocated to the fourth 
  2.48  judicial district in the fiscal year 
  3.1   2003 appropriation to the district 
  3.2   courts and the community court 
  3.3   appropriation for the fourth judicial 
  3.4   district do not cancel and are 
  3.5   available to the fourth judicial 
  3.6   district until spent. 
  3.7   Sec. 5.  BOARD ON JUDICIAL
  3.8   STANDARDS                                252,000        252,000
  3.9   For 2003 - $35,000 
  3.10  This appropriation for fiscal year 2003 
  3.11  is added to the appropriation in Laws 
  3.12  2001, First Special Session chapter 8, 
  3.13  article 4, section 5, to the board on 
  3.14  judicial standards and is to fund costs 
  3.15  of a public hearing for a judge.  This 
  3.16  is a onetime appropriation. 
  3.17  Sec. 6.  TAX COURT                       751,000        751,000
  3.18  Sec. 7.  UNIFORM LAWS 
  3.19  COMMISSION                                38,000         39,000
  3.20  Sec. 8.  HUMAN RIGHTS                  3,753,000      3,724,000
  3.21  Sec. 9.  CORRECTIONS 
  3.22  Subdivision 1.  Total 
  3.23  Appropriation                        368,202,000    373,507,000
  3.24                Summary by Fund
  3.25  General Fund        367,202,000   372,507,000
  3.26  Special Revenue       1,000,000     1,000,000
  3.27  The amounts that may be spent from this 
  3.28  appropriation for each program are 
  3.29  specified in the following subdivisions.
  3.30  Subd. 2.  Correctional 
  3.31  Institutions  
  3.32                Summary by Fund 
  3.33  General Fund        236,579,000   239,697,000
  3.34  Special Revenue         630,000       630,000 
  3.35  If the commissioner contracts with 
  3.36  other states, local units of 
  3.37  government, or the federal government 
  3.38  to rent beds in the Rush City 
  3.39  correctional facility, the commissioner 
  3.40  shall charge a per diem under the 
  3.41  contract, to the extent possible, that 
  3.42  is equal to or greater than the per 
  3.43  diem cost of housing Minnesota inmates 
  3.44  in the facility.  The per diem cost for 
  3.45  housing inmates of other states, local 
  3.46  units of government, or the federal 
  3.47  government at this facility shall be 
  3.48  based on the assumption that the 
  3.49  facility is at or near capacity.  
  3.50  Notwithstanding any laws to the 
  3.51  contrary, the commissioner may use the 
  3.52  per diem appropriation to operate the 
  3.53  state correctional system. 
  4.1   No portion of this appropriation may be 
  4.2   used for the faith-based prerelease 
  4.3   program described in Laws 2001, First 
  4.4   Special Session chapter 9, article 18, 
  4.5   section 3, subdivision 2.  
  4.6   Subd. 3.  Juvenile Services 
  4.7       13,035,000     13,035,000
  4.8   Subd. 4.  Community Services          
  4.9                 Summary by Fund 
  4.10  General Fund        102,941,000   105,128,000
  4.11  Special Revenue         120,000       120,000
  4.12  Of the general fund appropriation, 
  4.13  $3,300,000 the first year and 
  4.14  $4,400,000 the second year are for 
  4.15  grants to counties to assist them to 
  4.16  incarcerate short-term offenders.  The 
  4.17  commissioner shall make the grants in 
  4.18  an equitable manner based on the total 
  4.19  amount available for the grants, each 
  4.20  county's proportionate share of 
  4.21  offenders affected by the changes made 
  4.22  to Minnesota Statutes, section 609.105, 
  4.23  in this act, and the actual number of 
  4.24  bed days used by each county to 
  4.25  incarcerate these offenders.  The 
  4.26  grants may not exceed the actual cost 
  4.27  per day incurred by a county.  A county 
  4.28  seeking a grant shall report to the 
  4.29  commissioner on offenders affected by 
  4.30  the changes made to Minnesota Statutes, 
  4.31  section 609.105, in this act.  The 
  4.32  report must include the number of these 
  4.33  offenders for the reporting period, the 
  4.34  actual number of bed days used for 
  4.35  these offenders, the costs associated 
  4.36  with this, and any other information 
  4.37  requested by the commissioner.  These 
  4.38  reports are due on September 15, 2003, 
  4.39  December 15, 2003, March 15, 2004, June 
  4.40  15, 2004, September 15, 2004, December 
  4.41  15, 2004, March 15, 2005, and June 15, 
  4.42  2005.  The commissioner shall make the 
  4.43  grants within a month of receiving the 
  4.44  required reports from counties.  
  4.45  Of the general fund appropriation, 
  4.46  $155,000 the first year and $155,000 
  4.47  the second year are for two agency 
  4.48  positions to administer the restorative 
  4.49  justice program. 
  4.50  Of the general fund appropriation, 
  4.51  $475,000 the first year and $475,000 
  4.52  the second year are for restorative 
  4.53  justice grants.  
  4.54  Subd. 5.  Operations Support 
  4.55                Summary by Fund
  4.56  General Fund         14,647,000    14,647,000
  4.57  Special Revenue         250,000       250,000
  5.1   Sec. 10.  BOARD OF PUBLIC DEFENSE      53,759,000     53,759,000
  5.2   Budget reductions must be allocated 
  5.3   proportionately between operating costs 
  5.4   and grant programs. 
  5.5   Sec. 11.  SENTENCING GUIDELINES 
  5.6   COMMISSION                               436,000        436,000
  5.7      Sec. 12.  Laws 2001, First Special Session chapter 8, 
  5.8   article 4, section 2, subdivision 4, is amended to read: 
  5.9   Subd. 4.  State Court Administration 
  5.10      22,815,000     24,570,000
  5.11  [JUDICIAL BRANCH TRANSFORMATION AND 
  5.12  INFRASTRUCTURE.] $1,054,000 the first 
  5.13  year and $1,905,000 the second year are 
  5.14  for judicial branch transformation and 
  5.15  infrastructure.  
  5.16  [CONTINUE REDEVELOPMENT OF COURT 
  5.17  INFORMATION SYSTEM.] $7,500,000 each 
  5.18  year is to continue redevelopment of 
  5.19  the court information system to be used 
  5.20  by all counties to integrate court 
  5.21  information with other criminal justice 
  5.22  information.  Of this amount, $225,000 
  5.23  the first year must be transferred to 
  5.24  the board of public defense for 
  5.25  hardware and software necessary to 
  5.26  redesign information systems to 
  5.27  accommodate changes to the criminal 
  5.28  justice information system.  This is a 
  5.29  onetime transfer.  This transfer amount 
  5.30  does not cancel and is available to the 
  5.31  board of public defense until spent.  
  5.32  This appropriation may not be used for 
  5.33  any other purpose.  Any unencumbered 
  5.34  balances remaining from the first year 
  5.35  do not cancel but are available for the 
  5.36  second year. 
  5.37  This appropriation is available only 
  5.38  pursuant to a budget approved by the 
  5.39  criminal and juvenile justice 
  5.40  information policy group that is 
  5.41  consistent with technology and project 
  5.42  management analyses of the office of 
  5.43  technology. 
  5.44  Up to 20 percent of this appropriation 
  5.45  may be released on July 1, 2001.  The 
  5.46  remaining funds shall be released upon 
  5.47  approval of the criminal and juvenile 
  5.48  justice information policy group, under 
  5.49  advisement from the office of 
  5.50  technology.  The policy group shall 
  5.51  approve the release of funding for each 
  5.52  project to ensure (1) that the project 
  5.53  is in compliance with the statewide 
  5.54  criminal justice information system 
  5.55  standards, (2) that each project 
  5.56  remains feasible according to plans 
  5.57  established pursuant to Minnesota 
  5.58  Statutes, sections 16E.04, subdivision 
  5.59  3, and 299C.65, subdivision 6 or 7, or 
  5.60  that an updated plan has been approved 
  5.61  by the policy group and the project is 
  6.1   progressing according to the revised 
  6.2   plan, (3) that the project is fully 
  6.3   integrated with existing information 
  6.4   and communications networks, and (4) 
  6.5   that it complies with technology 
  6.6   standards and protocols established by 
  6.7   the office of technology for statewide 
  6.8   connectivity and interoperability. 
  6.9      [EFFECTIVE DATE.] This section is effective the day 
  6.10  following final enactment.  In the event that the transfer of 
  6.11  $225,000 to the board of public defense has not been completed 
  6.12  by the effective date of this section, the transfer shall be 
  6.13  completed within ten days of the effective date of this section. 
  6.14     Sec. 13.  [EFFECTIVE DATE.] 
  6.15     The appropriations for fiscal year 2003 are effective the 
  6.16  day following final enactment.  All other appropriations are 
  6.17  effective July 1, 2003. 
  6.18                             ARTICLE 2 
  6.19                         POLICY PROVISIONS 
  6.20     Section 1.  Minnesota Statutes 2002, section 243.53, 
  6.21  subdivision 1, is amended to read: 
  6.22     Subdivision 1.  [SEPARATE CELLS.] (a) When there are 
  6.23  sufficient cells available, each inmate shall be confined in a 
  6.24  separate cell.  Each inmate shall be confined in a separate cell 
  6.25  in institutions classified by the commissioner as custody level 
  6.26  five and six institutions, except where the commissioner deems 
  6.27  necessary.  This requirement does not apply to the following: 
  6.28     (1) geriatric dormitory-type facilities; 
  6.29     (2) honor dormitory-type facilities; and 
  6.30     (3) any other multiple occupancy facility at a custody 
  6.31  level five or six institution that confines inmates who could be 
  6.32  confined in an institution at custody level four or lower. 
  6.33     (b) Correctional institutions classified by the 
  6.34  commissioner as custody level one, two, three, or four 
  6.35  institutions must permit multiple occupancy, except segregation 
  6.36  units, to the greatest extent possible. 
  6.37     (c) Correctional institutions classified by the 
  6.38  commissioner as custody level five must permit multiple 
  6.39  occupancy not to exceed the limits of facility infrastructure 
  7.1   and programming space. 
  7.2      Sec. 2.  [243.557] [INMATE MEALS.] 
  7.3      Where inmates in a state correctional facility are not 
  7.4   routinely absent from the facility for work or other purposes, 
  7.5   the commissioner must make three meals available Monday through 
  7.6   Friday, excluding holidays, and at least two meals available on 
  7.7   Saturdays, Sundays, and holidays. 
  7.8      Sec. 3.  Minnesota Statutes 2002, section 271.06, 
  7.9   subdivision 4, is amended to read: 
  7.10     Subd. 4.  [APPEAL FEE.] At the time of filing the notice of 
  7.11  appeal the appellant shall pay to the court administrator of the 
  7.12  tax court an appeal fee equal to the fee provided for civil 
  7.13  actions in the district court under section 357.021, subdivision 
  7.14  2, clause (1); except that no appeal fee shall be required of 
  7.15  the commissioner of revenue, the attorney general, the state or 
  7.16  any of its political subdivisions.  In small claims division, 
  7.17  the appeal fee shall be $25 $150.  The provisions of chapter 
  7.18  563, providing for proceedings in forma pauperis, shall also 
  7.19  apply for appeals to the tax court. 
  7.20     Sec. 4.  Minnesota Statutes 2002, section 357.021, 
  7.21  subdivision 2, is amended to read: 
  7.22     Subd. 2.  [FEE AMOUNTS.] The fees to be charged and 
  7.23  collected by the court administrator shall be as follows: 
  7.24     (1) In every civil action or proceeding in said court, 
  7.25  including any case arising under the tax laws of the state that 
  7.26  could be transferred or appealed to the tax court, the 
  7.27  plaintiff, petitioner, or other moving party shall pay, when the 
  7.28  first paper is filed for that party in said action, a fee of 
  7.29  $135 $265. 
  7.30     The defendant or other adverse or intervening party, or any 
  7.31  one or more of several defendants or other adverse or 
  7.32  intervening parties appearing separately from the others, shall 
  7.33  pay, when the first paper is filed for that party in said 
  7.34  action, a fee of $135 $265. 
  7.35     The party requesting a trial by jury shall pay $75. 
  7.36     The fees above stated shall be the full trial fee 
  8.1   chargeable to said parties irrespective of whether trial be to 
  8.2   the court alone, to the court and jury, or disposed of without 
  8.3   trial, and shall include the entry of judgment in the action, 
  8.4   but does not include copies or certified copies of any papers so 
  8.5   filed or proceedings under chapter 103E, except the provisions 
  8.6   therein as to appeals. 
  8.7      (2) Certified copy of any instrument from a civil or 
  8.8   criminal proceeding, $10, and $5 for an uncertified copy. 
  8.9      (3) Issuing a subpoena, $3 $12 for each name. 
  8.10     (4) Filing a motion or response to a motion in civil, 
  8.11  family, excluding child support, and guardianship cases, $55.  
  8.12     (5) Issuing an execution and filing the return thereof; 
  8.13  issuing a writ of attachment, injunction, habeas corpus, 
  8.14  mandamus, quo warranto, certiorari, or other writs not 
  8.15  specifically mentioned, $10 $40. 
  8.16     (5) (6) Issuing a transcript of judgment, or for filing and 
  8.17  docketing a transcript of judgment from another court, $7.50 $30.
  8.18     (6) (7) Filing and entering a satisfaction of judgment, 
  8.19  partial satisfaction, or assignment of judgment, $5. 
  8.20     (7) (8) Certificate as to existence or nonexistence of 
  8.21  judgments docketed, $5 for each name certified to. 
  8.22     (8) (9) Filing and indexing trade name; or recording basic 
  8.23  science certificate; or recording certificate of physicians, 
  8.24  osteopaths, chiropractors, veterinarians, or optometrists, $5. 
  8.25     (9) (10) For the filing of each partial, final, or annual 
  8.26  account in all trusteeships, $10 $40. 
  8.27     (10) (11) For the deposit of a will, $5 $20. 
  8.28     (11) (12) For recording notary commission, $25 $100, of 
  8.29  which, notwithstanding subdivision 1a, paragraph (b), $20 $80 
  8.30  must be forwarded to the state treasurer to be deposited in the 
  8.31  state treasury and credited to the general fund. 
  8.32     (12) (13) Filing a motion or response to a motion for 
  8.33  modification of child support, a fee fixed by rule or order of 
  8.34  the supreme court.  
  8.35     (13) (14) All other services required by law for which no 
  8.36  fee is provided, such fee as compares favorably with those 
  9.1   herein provided, or such as may be fixed by rule or order of the 
  9.2   court. 
  9.3      (14) (15) In addition to any other filing fees under this 
  9.4   chapter, a surcharge in the amount of $75 must be assessed in 
  9.5   accordance with section 259.52, subdivision 14, for each 
  9.6   adoption petition filed in district court to fund the fathers' 
  9.7   adoption registry under section 259.52. 
  9.8      The fees in clauses (3) and (4) need not be paid by a 
  9.9   public authority or the party the public authority represents. 
  9.10     Sec. 5.  Minnesota Statutes 2002, section 357.021, 
  9.11  subdivision 6, is amended to read: 
  9.12     Subd. 6.  [SURCHARGES ON CRIMINAL AND TRAFFIC OFFENDERS.] 
  9.13  (a) The court shall impose and the court administrator shall 
  9.14  collect a $35 $60 surcharge on every person convicted of any 
  9.15  felony, gross misdemeanor, misdemeanor, or petty misdemeanor 
  9.16  offense, other than a violation of a law or ordinance relating 
  9.17  to vehicle parking, for which there shall be a $3 surcharge.  
  9.18  The surcharge shall be imposed whether or not the person is 
  9.19  sentenced to imprisonment or the sentence is stayed.  
  9.20     (b) If the court fails to impose a surcharge as required by 
  9.21  this subdivision, the court administrator shall show the 
  9.22  imposition of the surcharge, collect the surcharge and correct 
  9.23  the record. 
  9.24     (c) The court may not waive payment of the surcharge 
  9.25  required under this subdivision.  Upon a showing of indigency or 
  9.26  undue hardship upon the convicted person or the convicted 
  9.27  person's immediate family, the sentencing court may authorize 
  9.28  payment of the surcharge in installments. 
  9.29     (d) The court administrator or other entity collecting a 
  9.30  surcharge shall forward it to the state treasurer. 
  9.31     (e) If the convicted person is sentenced to imprisonment 
  9.32  and has not paid the surcharge before the term of imprisonment 
  9.33  begins, the chief executive officer of the correctional facility 
  9.34  in which the convicted person is incarcerated shall collect the 
  9.35  surcharge from any earnings the inmate accrues from work 
  9.36  performed in the facility or while on conditional release.  The 
 10.1   chief executive officer shall forward the amount collected to 
 10.2   the state treasurer. 
 10.3      Sec. 6.  Minnesota Statutes 2002, section 357.021, 
 10.4   subdivision 7, is amended to read: 
 10.5      Subd. 7.  [DISBURSEMENT OF SURCHARGES BY STATE TREASURER.] 
 10.6   (a) Except as provided in paragraphs (b) and (c), the state 
 10.7   treasurer shall disburse surcharges received under subdivision 6 
 10.8   and section 97A.065, subdivision 2, as follows: 
 10.9      (1) one percent shall be credited to the game and fish fund 
 10.10  to provide peace officer training for employees of the 
 10.11  department of natural resources who are licensed under sections 
 10.12  626.84 to 626.863, and who possess peace officer authority for 
 10.13  the purpose of enforcing game and fish laws; 
 10.14     (2) 39 percent shall be credited to the peace officers 
 10.15  training account in the special revenue fund; and 
 10.16     (3) 60 percent shall be credited to the general fund.  
 10.17     (b) The state treasurer shall credit $3 of each surcharge 
 10.18  received under subdivision 6 and section 97A.065, subdivision 2, 
 10.19  to a criminal justice special projects account in the special 
 10.20  revenue fund.  This account is available for appropriation to 
 10.21  the commissioner of public safety for grants to law enforcement 
 10.22  agencies and for other purposes authorized by the 
 10.23  legislature the general fund. 
 10.24     (c) In addition to any amounts credited under paragraph 
 10.25  (a), the state treasurer shall credit $7 $32 of each surcharge 
 10.26  received under subdivision 6 and section 97A.065, subdivision 2, 
 10.27  and the $3 parking surcharge, to the general fund. 
 10.28     Sec. 7.  Minnesota Statutes 2002, section 357.022, is 
 10.29  amended to read: 
 10.30     357.022 [CONCILIATION COURT FEE.] 
 10.31     The court administrator in every county shall charge and 
 10.32  collect a filing fee of $25 where the amount demanded is less 
 10.33  than $2,000 and $35 where the amount demanded is $2,000 or more 
 10.34  $50 from every plaintiff and from every defendant when the first 
 10.35  paper for that party is filed in any conciliation court action.  
 10.36  This section does not apply to conciliation court actions filed 
 11.1   by the state.  The court administrator shall transmit the fees 
 11.2   monthly to the state treasurer for deposit in the state treasury 
 11.3   and credit to the general fund. 
 11.4      Sec. 8.  Minnesota Statutes 2002, section 357.08, is 
 11.5   amended to read: 
 11.6      357.08 [PAID BY APPELLANT IN APPEAL.] 
 11.7      There shall be paid to the clerk of the appellate courts by 
 11.8   the appellant, or moving party or person requiring the service, 
 11.9   in all cases of appeal, certiorari, habeas corpus, mandamus, 
 11.10  injunction, prohibition, or other original proceeding, when 
 11.11  initially filed with the clerk of the appellate courts, the sum 
 11.12  of $250 $500 to the clerk of the appellate courts.  An 
 11.13  additional filing fee of $100 shall be required for a petition 
 11.14  for accelerated review by the supreme court.  A filing fee 
 11.15  of $250 $500 shall be paid to the clerk of the appellate courts 
 11.16  upon the filing of a petition for review from a decision of the 
 11.17  court of appeals.  A filing fee of $250 $500 shall be paid to 
 11.18  the clerk of the appellate courts upon the filing of a petition 
 11.19  for permission to appeal.  A filing fee of $100 shall be paid to 
 11.20  the clerk of the appellate courts upon the filing by a 
 11.21  respondent of a notice of review.  The clerk shall transmit the 
 11.22  fees to the state treasurer for deposit in the state treasury 
 11.23  and credit to the general fund.  
 11.24     The clerk shall not file any paper, issue any writ or 
 11.25  certificate, or perform any service enumerated herein, until the 
 11.26  payment has been made for it.  The clerk shall pay the sum into 
 11.27  the state treasury as provided for by section 15A.01.  
 11.28     The charges provided for shall not apply to disbarment 
 11.29  proceedings, nor to an action or proceeding by the state taken 
 11.30  solely in the public interest, where the state is the appellant 
 11.31  or moving party, nor to copies of the opinions of the court 
 11.32  furnished by the clerk to the parties before judgment, or 
 11.33  furnished to the district judge whose decision is under review, 
 11.34  or to such law library associations in counties having a 
 11.35  population exceeding 50,000, as the court may direct. 
 11.36     Sec. 9.  [481.011] [SURCHARGE.] 
 12.1      (a) The supreme court is requested to impose an annual 
 12.2   surcharge of $200 to be added to the fee set by the supreme 
 12.3   court under section 481.01 for attorney license renewals.  Money 
 12.4   collected under the surcharge must be paid into the fund 
 12.5   established by section 481.01 and is appropriated annually to 
 12.6   the supreme court for the support of the public defender system 
 12.7   established by chapter 611. 
 12.8      (b) This section expires on June 30, 2007. 
 12.9      Sec. 10.  Minnesota Statutes 2002, section 609.105, 
 12.10  subdivision 1, is amended to read: 
 12.11     Subdivision 1.  In a felony sentence to imprisonment, when 
 12.12  the remaining term of imprisonment is for more than one year 180 
 12.13  days or less, the defendant shall commit the defendant be 
 12.14  committed to the custody of the commissioner of corrections and 
 12.15  must serve the remaining term of imprisonment at a workhouse, 
 12.16  work farm, county jail, or other place authorized by law.  
 12.17     Sec. 11.  Minnesota Statutes 2002, section 609.105, is 
 12.18  amended by adding a subdivision to read: 
 12.19     Subd. 1a.  [DEFINITIONS.] (a) The terms in this subdivision 
 12.20  apply to this section. 
 12.21     (b) "Remaining term of imprisonment" as applied to inmates 
 12.22  whose crimes were committed before August 1, 1993, is the period 
 12.23  of time for which an inmate is committed to the custody of the 
 12.24  commissioner of corrections minus earned good time and jail 
 12.25  credit, if any. 
 12.26     (c) "Remaining term of imprisonment" as applied to inmates 
 12.27  whose crimes were committed on or after August 1, 1993, is the 
 12.28  period of time equal to two-thirds of the inmate's executed 
 12.29  sentence, minus jail credit, if any. 
 12.30     Sec. 12.  Minnesota Statutes 2002, section 609.105, is 
 12.31  amended by adding a subdivision to read: 
 12.32     Subd. 1b.  [SENTENCE TO MORE THAN 180 DAYS.] A felony 
 12.33  sentence to imprisonment when the warrant of commitment has a 
 12.34  remaining term of imprisonment for more than 180 days shall 
 12.35  commit the defendant to the custody of the commissioner of 
 12.36  corrections. 
 13.1      Sec. 13.  Minnesota Statutes 2002, section 609.145, is 
 13.2   amended by adding a subdivision to read: 
 13.3      Subd. 3.  [JAIL CREDIT DETERMINATION.] The appropriate 
 13.4   probation officer must provide to the court prior to the 
 13.5   sentencing hearing the amount of time the offender has credit 
 13.6   for prior imprisonment.  The court must pronounce the amount of 
 13.7   credit for prior imprisonment at the time of sentencing.  
 13.8      Sec. 14.  Minnesota Statutes 2002, section 609.2231, is 
 13.9   amended by adding a subdivision to read: 
 13.10     Subd. 7.  [COMMUNITY CRIME PREVENTION GROUP MEMBERS.] (a) A 
 13.11  person is guilty of a gross misdemeanor who: 
 13.12     (1) assaults a community crime prevention group member 
 13.13  while the member is engaged in neighborhood patrol; 
 13.14     (2) should reasonably know that the victim is a community 
 13.15  crime prevention group member engaged in neighborhood patrol; 
 13.16  and 
 13.17     (3) inflicts demonstrable bodily harm. 
 13.18     (b) As used in this subdivision, "community crime 
 13.19  prevention group" means a community group focused on community 
 13.20  safety and crime prevention that: 
 13.21     (1) is organized for the purpose of discussing community 
 13.22  safety and patrolling community neighborhoods for criminal 
 13.23  activity; 
 13.24     (2) is designated and trained by the local law enforcement 
 13.25  agency as a community crime prevention group; or 
 13.26     (3) interacts with local law enforcement regarding 
 13.27  community safety issues. 
 13.28     Sec. 15.  [609.776] [INTERFERENCE WITH EMERGENCY 
 13.29  COMMUNICATIONS.] 
 13.30     Whoever, without prior authorization, broadcasts or 
 13.31  transmits on, interferes with, blocks, or cross-patches another 
 13.32  frequency onto a law enforcement, firefighting, emergency 
 13.33  medical services, emergency radio frequency or channel, any 
 13.34  assigned or alternate emergency frequency or channel, or an 
 13.35  official cellular telephone communication of a law enforcement 
 13.36  agency, a fire department, or emergency medical services 
 14.1   provider, knowing, or having reason to know that the act creates 
 14.2   a risk of obstructing, preventing, or misdirecting official law 
 14.3   enforcement, firefighting, or emergency medical services 
 14.4   communications, is guilty of a felony and may be sentenced to 
 14.5   imprisonment for not more than three years or to payment of a 
 14.6   fine of not more than $10,000, or both. 
 14.7      [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 14.8   and applies to crimes committed on or after that date. 
 14.9      Sec. 16.  [611.254] [OVERSIGHT OF CORRECTIONAL FUNCTIONS.] 
 14.10     Subdivision 1.  [DEFINITION.] As used in this section, 
 14.11  "administrative agency" or "agency" means any division, 
 14.12  official, or employee of the department of corrections, 
 14.13  including the commissioner of corrections, and any state 
 14.14  correctional facility licensed or inspected by the commissioner 
 14.15  of corrections, whether public or private, established and 
 14.16  operated for the detention and confinement of adults or 
 14.17  juveniles, but does not include:  
 14.18     (1) any court or judge; 
 14.19     (2) any member of the senate or house of representatives of 
 14.20  the state of Minnesota; 
 14.21     (3) the governor or the governor's personal staff; 
 14.22     (4) any instrumentality of the federal government of the 
 14.23  United States; or 
 14.24     (5) any interstate compact.  
 14.25     Subd. 2.  [INVESTIGATION.] The state public defender has 
 14.26  the authority to investigate decisions, acts, and other matters 
 14.27  of the department of corrections to promote the highest 
 14.28  attainable standards of competence, efficiency, and justice in 
 14.29  the administration of corrections.  The state public defender 
 14.30  may delegate any of this authority or these duties.  
 14.31     Subd. 3.  [POWERS.] (a) The state public defender may: 
 14.32     (1) prescribe the methods by which complaints are to be 
 14.33  made, reviewed, and acted upon; provided, however, that the 
 14.34  state public defender may not levy a complaint fee; 
 14.35     (2) determine the scope and manner of investigations to be 
 14.36  made; 
 15.1      (3) except as otherwise provided, determine the form, 
 15.2   frequency, and distribution of conclusions, recommendations, and 
 15.3   proposals; 
 15.4      (4) investigate, upon a complaint, any action of an 
 15.5   administrative agency; 
 15.6      (5) request and be given access to information in the 
 15.7   possession of an administrative agency deemed necessary for the 
 15.8   discharge of responsibilities; 
 15.9      (6) examine the records and documents of an administrative 
 15.10  agency; 
 15.11     (7) enter and inspect, at any time, premises within the 
 15.12  control of an administrative agency; 
 15.13     (8) subpoena any person to appear, give testimony, or 
 15.14  produce documentary or other evidence that the state public 
 15.15  defender deems relevant to a matter under inquiry, and petition 
 15.16  the appropriate state court to enforce the subpoena; provided, 
 15.17  however, that any witness at a hearing or before an 
 15.18  investigation possesses the same privileges reserved to a 
 15.19  witness in the courts or under the laws of this state; and 
 15.20     (9) bring an action in an appropriate state court to 
 15.21  provide the operation of the powers provided in this subdivision.
 15.22     (b) The provisions of this section are in addition to other 
 15.23  provisions of law under which any remedy or right of appeal or 
 15.24  objection is provided for any person, or any procedure provided 
 15.25  for inquiry or investigation concerning any matter.  Nothing in 
 15.26  this section shall be construed to limit or affect any other 
 15.27  remedy or right of appeal or objection nor shall it be deemed 
 15.28  part of an exclusionary process.  
 15.29     Subd. 4.  [ACTIONS AGAINST STATE PUBLIC DEFENDER.] No 
 15.30  proceeding or civil action shall be commenced against the state 
 15.31  public defender or staff members, or a person delegated the 
 15.32  state public defender's duties or authority under subdivision 2, 
 15.33  for actions taken pursuant to the provisions of this section. 
 15.34     Subd. 5.  [MATTERS APPROPRIATE FOR INVESTIGATION.] In 
 15.35  selecting matters for attention, the state public defender 
 15.36  should address particularly actions of an administrative agency, 
 16.1   which might be: 
 16.2      (1) contrary to law or rule; 
 16.3      (2) unreasonable, unfair, oppressive, or inconsistent with 
 16.4   any policy or judgment of an administrative agency; or 
 16.5      (3) mistaken in law or arbitrary in the ascertainment of 
 16.6   facts.  
 16.7      Subd. 6.  [COMPLAINTS.] (a) The state public defender may 
 16.8   receive a complaint from any source concerning an action of an 
 16.9   administrative agency.  
 16.10     (b) The state public defender may exercise powers without 
 16.11  regard to the finality of any action of an administrative 
 16.12  agency.  However, the state public defender may require a 
 16.13  complainant to pursue other remedies or channels of complaint 
 16.14  open to the complainant before accepting or investigating the 
 16.15  complaint.  
 16.16     (c) After completing investigation of a complaint, the 
 16.17  state public defender shall inform the complainant, the 
 16.18  administrative agency, and the official or employee of the 
 16.19  action taken.  
 16.20     (d) A letter to the state public defender from a person in 
 16.21  an institution under the control of an administrative agency 
 16.22  must be forwarded immediately and unopened to the state public 
 16.23  defender's office.  A reply from the state public defender to 
 16.24  the person must be delivered unopened to the person, promptly 
 16.25  after its receipt by the institution.  No complainant shall be 
 16.26  punished nor shall the general condition of the complainant's 
 16.27  confinement or treatment be unfavorably altered as a result of 
 16.28  the complainant having made a complaint to the state public 
 16.29  defender.  
 16.30     Subd. 7.  [RECOMMENDATIONS.] (a) If, after duly considering 
 16.31  a complaint and whatever material the state public defender 
 16.32  deems pertinent, the state public defender is of the opinion 
 16.33  that the complaint is valid, the state public defender may 
 16.34  recommend that an administrative agency should:  
 16.35     (1) consider the matter further; 
 16.36     (2) modify or cancel its actions; 
 17.1      (3) alter a ruling; 
 17.2      (4) explain more fully the action in question; or 
 17.3      (5) take any other step that the state public defender 
 17.4   recommends to the administrative agency involved.  
 17.5      (b) If the state public defender so requests, the agency 
 17.6   shall within the time the state public defender specifies, 
 17.7   inform the state public defender about the action taken on the 
 17.8   state public defender's recommendation or the reasons for not 
 17.9   complying with it.  
 17.10     Subd. 8.  [ACCESS TO DATA.] Notwithstanding section 13.384 
 17.11  or 13.85, the state public defender has access to corrections 
 17.12  and detention data and medical data maintained by an agency and 
 17.13  classified as private data on individuals or confidential data 
 17.14  on individuals when access to the data is necessary for the 
 17.15  state public defender to perform the powers under this section.  
 17.16     Subd. 9.  [PUBLICATION.] The state public defender may 
 17.17  publish conclusions and suggestions by transmitting them to the 
 17.18  office of the governor.  Before announcing a conclusion or 
 17.19  recommendation that expressly or impliedly criticizes an 
 17.20  administrative agency, or any person, the state public defender 
 17.21  shall consult with that agency or person.  When publishing an 
 17.22  opinion adverse to an administrative agency, or any person, the 
 17.23  state public defender shall include in such publication any 
 17.24  statement of reasonable length made to the state public defender 
 17.25  by that agency or person in defense or mitigation of the action. 
 17.26     Subd. 10.  [COMPELLED TESTIMONY.] Neither the state public 
 17.27  defender nor any member of the state public defender's staff or 
 17.28  a person delegated the state public defender's duties or 
 17.29  authority under subdivision 2 shall be compelled to testify or 
 17.30  to produce evidence in any judicial or administrative proceeding 
 17.31  with respect to any matter involving the exercise of these 
 17.32  official duties except as may be necessary to enforce the 
 17.33  provisions of this section. 
 17.34     Sec. 17.  [REPEALER.] 
 17.35     Minnesota Statutes 2002, sections 241.41; 241.42; 241.43; 
 17.36  241.44; 241.441; and 241.45, are repealed.  
 18.1      Sec. 18.  [EFFECTIVE DATES.] 
 18.2      Sections 1 and 14 are effective the day following final 
 18.3   enactment; section 14 applies to crimes committed on or after 
 18.4   that date.  Sections 5, 6, and 13 are effective July 1, 2003, 
 18.5   and apply to crimes committed on or after that date.  Sections 
 18.6   10 to 12 are effective July 1, 2003, and apply to persons 
 18.7   incarcerated or under correctional supervision and crimes 
 18.8   committed on or after that date.