SF 606

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to crime prevention; providing for an
aggressive initiative against impaired driving and
chemical dependency; increasing the tax on alcoholic
beverages to fund this initiative; eliminating
obsolete language and making technical corrections;
appropriating money; amending Minnesota Statutes 2004,
sections 169A.275, subdivision 5; 169A.284,
subdivision 1; 169A.54, subdivision 11; 169A.70,
subdivisions 2, 3, by adding subdivisions; 254B.01,
subdivision 2; 254B.02, subdivision 1; 254B.03,
subdivisions 1, 4; 254B.04, subdivisions 1, 3;
254B.06, subdivisions 1, 2; 297G.03, subdivisions 1,
2; 297G.04, subdivisions 1, 2; 299A.62, subdivisions
1, 2; 609.115, subdivision 8; 609.135, by adding a
subdivision; proposing coding for new law in Minnesota
Statutes, chapters 373; 609; repealing Minnesota
Statutes 2004, sections 254B.02, subdivisions 2, 3, 4;
254B.09, subdivisions 4, 5, 7.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text begin LEGISLATIVE FINDINGS AND INTENT.
new text end

new text begin The legislature finds that:
new text end

new text begin (1) impaired driving offenses kill and injure more
Minnesotans than any other crime;
new text end

new text begin (2) many violent crimes are committed by offenders who are
under the influence of alcohol, methamphetamine, and other
drugs; and
new text end

new text begin (3) alcohol and drug abuse contribute to domestic violence
and destroy families.
new text end

new text begin The legislature considers the need to address the problem of
alcohol abuse to be a high priority. Furthermore, the
legislature determines that the costs of fighting alcohol abuse
should be funded by those who abuse alcohol and those who profit
from its sale. Consequently, the legislature is increasing the
tax on the sale of alcohol to fund aggressive efforts to reduce
impaired driving offenses and generally prevent crime, injury,
and loss of life through chemical dependency prevention,
screening, and treatment and through increased law enforcement,
prosecution, and incarceration efforts.
new text end

Sec. 2.

Minnesota Statutes 2004, section 169A.275,
subdivision 5, is amended to read:

Subd. 5.

Level of care recommended in chemical use
assessment.

Unless the court commits the person to the custody
of the commissioner of corrections as provided in section
169A.276 (mandatory penalties; felony violations), in addition
to other penalties required under this section, new text begin if the person
has not already done so, new text end the court shall order a person to
submit to the level of care recommended in the chemical use
assessment conducted under section 169A.70 (alcohol safety
program; chemical use assessments) if the person new text begin : (1) new text end is
convicted of violating section 169A.20 (driving while
impaired) deleted text begin while having an alcohol concentration of 0.20 or more
as measured at the time, or within two hours of the time, of the
offense or if the violation occurs within ten years of one or
more qualified prior impaired driving incidents deleted text end new text begin ; or (2) is
arrested for violating section 169A.20, but is convicted of
another offense arising out of the circumstances surrounding the
arrest new text end .

Sec. 3.

Minnesota Statutes 2004, section 169A.284,
subdivision 1, is amended to read:

Subdivision 1.

When required.

(a) When a court sentences
a person convicted of an offense enumerated in section 169A.70,
subdivision 2 new text begin , paragraph (b), clause (1) or (2), new text end (chemical use
assessment; requirement; form), it shall impose a chemical
dependency assessment charge of $125. A person shall pay an
additional surcharge of $5 if the person is convicted of a
violation of section 169A.20 (driving while impaired) within
five years of a prior impaired driving conviction or a prior
conviction for an offense arising out of an arrest for a
violation of section 169A.20 or Minnesota Statutes 1998, section
169.121 (driver under influence of alcohol or controlled
substance) or 169.129 (aggravated DWI-related violations;
penalty). This section applies when the sentence is executed,
stayed, or suspended. The court may not waive payment or
authorize payment of the assessment charge and surcharge in
installments unless it makes written findings on the record that
the convicted person is indigent or that the assessment charge
and surcharge would create undue hardship for the convicted
person or that person's immediate family.

(b) The chemical dependency assessment charge and surcharge
required under this section are in addition to the surcharge
required by section 357.021, subdivision 6 (surcharges on
criminal and traffic offenders).

Sec. 4.

Minnesota Statutes 2004, section 169A.54,
subdivision 11, is amended to read:

Subd. 11.

Chemical use assessment.

When the evidentiary
test shows an alcohol concentration of 0.07 or more, that result
must be reported to the commissioner. The commissioner shall
record that fact on the driver's record. When the driver's
record shows a second or subsequent report of an alcohol
concentration of 0.07 or more within two years of a recorded
report, the commissioner may require that the driver have a
chemical use assessment meeting the commissioner's
requirements new text begin and those of section 169A.70 new text end . The assessment must
be at the driver's expense. In no event shall the commissioner
deny the license of a person who refuses to take the assessment
or to undertake treatment, if treatment is indicated by the
assessment, for longer than 90 days. If an assessment is made
pursuant to this section, the commissioner may waive the
assessment required by section 169A.70.

Sec. 5.

Minnesota Statutes 2004, section 169A.70,
subdivision 2, is amended to read:

Subd. 2.

Chemical use assessment requirement.

new text begin (a) As
used in this subdivision, "violent crime" has the meaning given
in section 609.133, subdivision 1.
new text end

new text begin (b) new text end A chemical use assessment must be conducted and an
assessment report submitted to the court and to the Department
of Public Safety by the county agency administering the alcohol
safety program when:

(1) the defendant is convicted of an offense described in
section 169A.20 (driving while impaired), 169A.31
(alcohol-related school bus and Head Start bus driving), or
360.0752 (impaired aircraft operation); deleted text begin or
deleted text end

(2) the defendant is arrested for committing an offense
described in clause (1) but is convicted of another offense
arising out of the circumstances surrounding the arrest new text begin ; or
new text end

new text begin (3) the defendant is convicted of a violent crime new text end .

Sec. 6.

Minnesota Statutes 2004, section 169A.70,
subdivision 3, is amended to read:

Subd. 3.

Assessment report.

(a) The assessment new text begin and
assessment new text end report new text begin for this section new text end must deleted text begin be on a form prescribed
by the commissioner and shall contain an evaluation of the
convicted defendant concerning the defendant's prior traffic
record, characteristics and history of alcohol and chemical use
problems, and amenability to rehabilitation through the alcohol
safety program. The report is classified as private data on
individuals as defined in section 13.02, subdivision 12.
deleted text end

deleted text begin (b) The assessment report must include:
deleted text end

deleted text begin (1) a recommended level of care for the offender in
accordance with the criteria contained in rules adopted by the
commissioner of human services under section 254A.03,
subdivision 3 (chemical dependency treatment rules);
deleted text end

deleted text begin (2) recommendations for other appropriate remedial action
or care that may consist of educational programs, one-on-one
counseling, a program or type of treatment that addresses mental
health concerns, or a combination of them; or
deleted text end

deleted text begin (3) a specific explanation why no level of care or action
was recommended deleted text end new text begin meet the requirements of section 254A.03 and
rules adopted under the authority granted in section 254A.10.
Additionally, the assessment must include access to and review
of criminal records and most recent arrest reports new text end .

Sec. 7.

Minnesota Statutes 2004, section 169A.70, is
amended by adding a subdivision to read:

new text begin Subd. 6. new text end

new text begin Preconviction assessment. new text end

new text begin (a) The court may not
accept a chemical use assessment conducted before conviction as
a substitute for the assessment required by this section unless
the court ensures that the preconviction assessment meets the
standards set by sections 254A.03 and 254A.10.
new text end

new text begin (b) If the commissioner of public safety is making a
decision regarding reinstating a person's driver's license based
on a chemical use assessment, the commissioner shall ensure that
the assessment meets the standards described in this section.
new text end

Sec. 8.

Minnesota Statutes 2004, section 169A.70, is
amended by adding a subdivision to read:

new text begin Subd. 7. new text end

new text begin Timing of assessment. new text end

new text begin It is a strong preference
that the interview with the offender be conducted while the
offender is being initially held in custody after arrest.
new text end

Sec. 9.

Minnesota Statutes 2004, section 169A.70, is
amended by adding a subdivision to read:

new text begin Subd. 8. new text end

new text begin Court's authority to require assessments in
other instances. new text end

new text begin A court having jurisdiction over a person in a
juvenile, criminal, or civil proceeding may order that the
person submit to a chemical use assessment under this section if
the court has reason to believe that the person may have a
chemical dependency problem.
new text end

Sec. 10.

Minnesota Statutes 2004, section 254B.01,
subdivision 2, is amended to read:

Subd. 2.

American indian.

For purposes of services
provided under deleted text begin section 254B.09, subdivision 7 deleted text end new text begin this chapter new text end ,
"American Indian" means new text begin (1) new text end a person who is a member of an
Indian tribe, and the commissioner shall use the definitions of
"Indian" and "Indian tribe" and "Indian organization" provided
in Public Law 93-638 deleted text begin . For purposes of services provided under
section 254B.09, subdivision 4, "American Indian" means deleted text end new text begin or (2) new text end a
resident of federally recognized tribal lands who is recognized
as an Indian person by the federally recognized tribal governing
body.

Sec. 11.

Minnesota Statutes 2004, section 254B.02,
subdivision 1, is amended to read:

Subdivision 1.

Chemical dependency treatment allocation.

The chemical dependency funds appropriated for allocation shall
be placed in a special revenue account. The commissioner shall
annually transfer funds from the chemical dependency fund to pay
for operation of the drug and alcohol abuse normative evaluation
system and to pay for all costs incurred by adding two positions
for licensing of chemical dependency treatment and
rehabilitation programs located in hospitals for which funds are
not otherwise appropriated. deleted text begin For each year of the biennium
ending June 30, 1999, the commissioner shall allocate funds to
the American Indian chemical dependency tribal account for
treatment of American Indians by eligible vendors under section
254B.05, equal to the amount allocated in fiscal year 1997. The
commissioner shall annually divide the money available in the
chemical dependency fund that is not held in reserve by counties
from a previous allocation, or allocated to the American Indian
chemical dependency tribal account. Six percent of the
remaining money must be reserved for the nonreservation American
Indian chemical dependency allocation for treatment of American
Indians by eligible vendors under section 254B.05, subdivision
1. The remainder of the money must be allocated among the
counties according to the following formula, using state
demographer data and other data sources determined by the
commissioner:
deleted text end

deleted text begin (a) For purposes of this formula, American Indians and
children under age 14 are subtracted from the population of each
county to determine the restricted population.
deleted text end

deleted text begin (b) The amount of chemical dependency fund expenditures for
entitled persons for services not covered by prepaid plans
governed by section 256B.69 in the previous year is divided by
the amount of chemical dependency fund expenditures for entitled
persons for all services to determine the proportion of exempt
service expenditures for each county.
deleted text end

deleted text begin (c) The prepaid plan months of eligibility is multiplied by
the proportion of exempt service expenditures to determine the
adjusted prepaid plan months of eligibility for each county.
deleted text end

deleted text begin (d) The adjusted prepaid plan months of eligibility is
added to the number of restricted population fee for service
months of eligibility for the Minnesota family investment
program, general assistance, and medical assistance and divided
by the county restricted population to determine county per
capita months of covered service eligibility.
deleted text end

deleted text begin (e) The number of adjusted prepaid plan months of
eligibility for the state is added to the number of fee for
service months of eligibility for the Minnesota family
investment program, general assistance, and medical assistance
for the state restricted population and divided by the state
restricted population to determine state per capita months of
covered service eligibility.
deleted text end

deleted text begin (f) The county per capita months of covered service
eligibility is divided by the state per capita months of covered
service eligibility to determine the county welfare caseload
factor.
deleted text end

deleted text begin (g) The median married couple income for the most recent
three-year period available for the state is divided by the
median married couple income for the same period for each county
to determine the income factor for each county.
deleted text end

deleted text begin (h) The county restricted population is multiplied by the
sum of the county welfare caseload factor and the county income
factor to determine the adjusted population.
deleted text end

deleted text begin (i) $15,000 shall be allocated to each county.
deleted text end

deleted text begin (j) The remaining funds shall be allocated proportional to
the county adjusted population.
deleted text end

Sec. 12.

Minnesota Statutes 2004, section 254B.03,
subdivision 1, is amended to read:

Subdivision 1.

Local agency duties.

(a) Every local
agency shall provide chemical dependency services to persons
residing within its jurisdiction who meet criteria established
by the commissioner for placement in a chemical dependency
residential or nonresidential treatment service. Chemical
dependency money must be administered by the local agencies
according to law and rules adopted by the commissioner under
sections 14.001 to 14.69.

(b) In order to contain costs, the county board shall, with
the approval of the commissioner of human services, select
eligible vendors of chemical dependency services who can provide
economical and appropriate treatment. Unless the local agency
is a social services department directly administered by a
county or human services board, the local agency shall not be an
eligible vendor under section 254B.05. The commissioner may
approve proposals from county boards to provide services in an
economical manner or to control utilization, with safeguards to
ensure that necessary services are provided. If a county
implements a demonstration or experimental medical services
funding plan, the commissioner shall transfer the money as
appropriate. If a county selects a vendor located in another
state, the county shall ensure that the vendor is in compliance
with the rules governing licensure of programs located in the
state.

(c) deleted text begin The calendar year 2002 rate for vendors may not
increase more than three percent above the rate approved in
effect on January 1, 2001. The calendar year 2003 rate for
vendors may not increase more than three percent above the rate
in effect on January 1, 2002. The calendar years 2004 and 2005
rates may not exceed the rate in effect on January 1, 2003.
deleted text end

deleted text begin (d) deleted text end A culturally specific vendor that provides assessments
under a variance under Minnesota Rules, part 9530.6610, shall be
allowed to provide assessment services to persons not covered by
the variance.

Sec. 13.

Minnesota Statutes 2004, section 254B.03,
subdivision 4, is amended to read:

Subd. 4.

Division of costs.

Except for services provided
by a county under section 254B.09, subdivision 1, or services
provided under section 256B.69 or 256D.03, subdivision 4,
paragraph (b), the county shall, out of local money, pay the
state for deleted text begin 15 deleted text end new text begin five new text end percent of the cost of chemical dependency
services, including those services provided to persons eligible
for medical assistance under chapter 256B and general assistance
medical care under chapter 256D. Counties may use the indigent
hospitalization levy for treatment and hospital payments made
under this section. deleted text begin Fifteen deleted text end new text begin Five new text end percent of any state
collections from private or third-party pay, less deleted text begin 15 deleted text end new text begin five
new text end percent of the cost of payment and collections, must be
distributed to the county that paid for a portion of the
treatment under this section. deleted text begin If all funds allocated according
to section 254B.02 are exhausted by a county and the county has
met or exceeded the base level of expenditures under section
254B.02, subdivision 3, the county shall pay the state for 15
percent of the costs paid by the state under this section. The
commissioner may refuse to pay state funds for services to
persons not eligible under section 254B.04, subdivision 1, if
the county financially responsible for the persons has exhausted
its allocation.
deleted text end

Sec. 14.

Minnesota Statutes 2004, section 254B.04,
subdivision 1, is amended to read:

Subdivision 1.

Eligibility.

(a) Persons eligible for
benefits under Code of Federal Regulations, title 25, part 20,
persons eligible for medical assistance benefits under sections
256B.055, 256B.056, and 256B.057, subdivisions 1, 2, 5, and 6,
or who meet the income standards of section 256B.056,
subdivision 4, and persons eligible for general assistance
medical care under section 256D.03, subdivision 3, are entitled
to chemical dependency fund services. deleted text begin State money appropriated
for this paragraph must be placed in a separate account
established for this purpose.
deleted text end

Persons with dependent children who are determined to be in
need of chemical dependency treatment pursuant to an assessment
under section 626.556, subdivision 10, or a case plan under
section 260C.201, subdivision 6, or 260C.212, shall be assisted
by the local agency to access needed treatment services.
Treatment services must be appropriate for the individual or
family, which may include long-term care treatment or treatment
in a facility that allows the dependent children to stay in the
treatment facility. The county shall pay for out-of-home
placement costs, if applicable.

(b) A person not entitled to services under paragraph (a) deleted text begin ,
but with family income that is less than 215 percent of the
federal poverty guidelines for the applicable family size, shall
be eligible to receive chemical dependency fund services within
the limit of funds appropriated for this group for the fiscal
year. If notified by the state agency of limited funds, a
county must give preferential treatment to persons with
dependent children who are in need of chemical dependency
treatment pursuant to an assessment under section 626.556,
subdivision 10, or a case plan under section 260C.201,
subdivision 6, or 260C.212. A county may spend money from its
own sources to serve persons under this paragraph. State money
appropriated for this paragraph must be placed in a separate
account established for this purpose.
deleted text end

deleted text begin (c) Persons whose income is between 215 percent and 412
percent of the federal poverty guidelines for the applicable
family size deleted text end shall be eligible for chemical dependency services
on a sliding fee basis deleted text begin , within the limit of funds appropriated
for this group for the fiscal year deleted text end . Persons eligible under this
paragraph must contribute to the cost of services according to
the sliding fee scale established under subdivision 3. deleted text begin A county
may spend money from its own sources to provide services to
persons under this paragraph. State money appropriated for this
paragraph must be placed in a separate account established for
this purpose.
deleted text end

Sec. 15.

Minnesota Statutes 2004, section 254B.04,
subdivision 3, is amended to read:

Subd. 3.

Amount of contribution.

The commissioner shall
adopt a sliding fee scale to determine the amount of
contribution to be required from persons under this section.
The commissioner may adopt rules to amend existing fee scales.
The commissioner may establish a separate fee scale for
recipients of chemical dependency transitional and extended care
rehabilitation services that provides for the collection of fees
for board and lodging expenses. The fee schedule shall ensure
that employed persons are allowed the income disregards and
savings accounts that are allowed residents of community mental
illness facilities under section 256D.06, subdivisions 1 and
1b. deleted text begin The fee scale must not provide assistance to persons whose
income is more than 115 percent of the state median income.
deleted text end Payments of liabilities under this section are medical expenses
for purposes of determining spenddown under sections 256B.055,
256B.056, 256B.06, and 256D.01 to 256D.21. The required amount
of contribution established by the fee scale in this subdivision
is also the cost of care responsibility subject to collection
under section 254B.06, subdivision 1.

Sec. 16.

Minnesota Statutes 2004, section 254B.06,
subdivision 1, is amended to read:

Subdivision 1.

State collections.

The commissioner is
responsible for all collections from persons determined to be
partially responsible for the cost of care of an eligible person
receiving services under deleted text begin Laws 1986, chapter 394, sections 8 to
20 deleted text end new text begin this chapter new text end . The commissioner may initiate, or request the
attorney general to initiate, necessary civil action to recover
the unpaid cost of care. The commissioner may collect all
third-party payments for chemical dependency services provided
under deleted text begin Laws 1986, chapter 394, sections 8 to 20 deleted text end new text begin this chapter new text end ,
including private insurance and federal Medicaid and Medicare
financial participation. The commissioner shall deposit in a
dedicated account a percentage of collections to pay for the
cost of operating the chemical dependency consolidated treatment
fund invoice processing and vendor payment system, billing, and
collections. The remaining receipts must be deposited in the
chemical dependency fund.

Sec. 17.

Minnesota Statutes 2004, section 254B.06,
subdivision 2, is amended to read:

Subd. 2.

Allocation of collections.

The commissioner
shall allocate all federal financial participation collections
to the deleted text begin reserve deleted text end new text begin chemical dependency new text end fund under section 254B.02,
subdivision deleted text begin 3 deleted text end new text begin 1 new text end . The commissioner shall retain deleted text begin 85 deleted text end new text begin 95 new text end percent of
patient payments and third-party payments and allocate the
collections to the treatment allocation for the county that is
financially responsible for the person. deleted text begin Fifteen deleted text end new text begin Five new text end percent of
patient and third-party payments must be paid to the county
financially responsible for the patient. Collections for
patient payment and third-party payment for services provided
under section 254B.09 shall be allocated to the allocation of
the tribal unit which placed the person. Collections of federal
financial participation for services provided under section
254B.09 shall be allocated to the deleted text begin tribal reserve account
deleted text end new text begin chemical dependency fund new text end under section deleted text begin 254B.09 deleted text end new text begin 254B.02 new text end ,
subdivision deleted text begin 5 deleted text end new text begin 1 new text end .

Sec. 18.

Minnesota Statutes 2004, section 297G.03,
subdivision 1, is amended to read:

Subdivision 1.

General rate; distilled spirits and wine.

The following excise tax is imposed on all distilled spirits and
wine manufactured, imported, sold, or possessed in this state:

Standard Metric
(a) Distilled spirits, deleted text begin $5.03 deleted text end new text begin $17.69 new text end deleted text begin $1.33 deleted text end new text begin $4.73
new text end liqueurs, cordials, per gallon per liter
and specialties regardless
of alcohol content
(excluding ethyl alcohol)
(b) Wine containing deleted text begin $ .30 deleted text end new text begin $2.40 new text end deleted text begin $ .08 deleted text end new text begin $0.64
new text end 14 percent or less per gallon per liter
alcohol by volume
(except cider as defined
in section 297G.01,
subdivision 3a)
(c) Wine containing deleted text begin $ .95 deleted text end new text begin $3.01 new text end deleted text begin $ .25 deleted text end new text begin $0.81
new text end more than 14 percent per gallon per liter
but not more than 21
percent alcohol by volume
(d) Wine containing more deleted text begin $1.82 deleted text end new text begin $3.88 new text end deleted text begin $ .48 deleted text end new text begin $1.04
new text end than 21 percent but not per gallon per liter
more than 24 percent
alcohol by volume
(e) Wine containing more deleted text begin $3.52 deleted text end new text begin $5.56 new text end deleted text begin $ .93 deleted text end new text begin $1.49
new text end than 24 percent alcohol per gallon per liter
by volume
(f) Natural and deleted text begin $1.82 deleted text end new text begin $3.88 new text end deleted text begin $ .48 deleted text end new text begin $1.04
new text end artificial sparkling wines per gallon per liter
containing alcohol
(g) Cider as defined in deleted text begin $ .15 deleted text end new text begin $2.25 new text end deleted text begin $ .04 deleted text end new text begin $0.60
new text end section 297G.01, per gallon per liter
subdivision 3a
(h) Low alcohol dairy $ .08 per gallon $ .02 per liter
cocktails

In computing the tax on a package of distilled spirits or
wine, a proportional tax at a like rate on all fractional parts
of a gallon or liter must be paid, except that the tax on a
fractional part of a gallon less than 1/16 of a gallon is the
same as for 1/16 of a gallon.

Sec. 19.

Minnesota Statutes 2004, section 297G.03,
subdivision 2, is amended to read:

Subd. 2.

Tax on miniatures; distilled spirits.

The tax
on miniatures is deleted text begin 14 deleted text end new text begin 24 new text end cents per bottle.

Sec. 20.

Minnesota Statutes 2004, section 297G.04,
subdivision 1, is amended to read:

Subdivision 1.

Tax imposed.

The following excise tax is
imposed on all fermented malt beverages that are imported,
directly or indirectly sold, or possessed in this state:

(1) on fermented malt beverages containing not more than
3.2 percent alcohol by weight, deleted text begin $2.40 deleted text end new text begin $35.32 new text end per 31-gallon
barrel; and

(2) on fermented malt beverages containing more than 3.2
percent alcohol by weight, deleted text begin $4.60 deleted text end new text begin $37.52 new text end per 31-gallon barrel.

For fractions of a 31-gallon barrel, the tax rate is
calculated proportionally.

Sec. 21.

Minnesota Statutes 2004, section 297G.04,
subdivision 2, is amended to read:

Subd. 2.

Tax credit.

A qualified brewer producing
fermented malt beverages is entitled to a tax credit
of deleted text begin $4.60 deleted text end new text begin $37.52 new text end per barrel on 25,000 barrels sold in any fiscal
year beginning July 1, regardless of the alcohol content of the
product. Qualified brewers may take the credit on the 18th day
of each month, but the total credit allowed may not exceed in
any fiscal year the lesser of:

(1) the liability for tax; or

(2) $115,000.

For purposes of this subdivision, a "qualified brewer"
means a brewer, whether or not located in this state,
manufacturing less than 100,000 barrels of fermented malt
beverages in the calendar year immediately preceding the
calendar year for which the credit under this subdivision is
claimed. In determining the number of barrels, all brands or
labels of a brewer must be combined. All facilities for the
manufacture of fermented malt beverages owned or controlled by
the same person, corporation, or other entity must be treated as
a single brewer.

Sec. 22.

Minnesota Statutes 2004, section 299A.62,
subdivision 1, is amended to read:

Subdivision 1.

Program established.

(a) A
community-oriented policing grant program is established under
the administration of the commissioner of public safety.

(b) Grants may be awarded as provided in subdivision 2 for
the following purposes:

(1) to enable local law enforcement agencies to hire law
enforcement officers. The grants must be used by law
enforcement agencies to increase the complement of officers in
the agency by paying the salaries of new officers who replace an
existing officer who has been reassigned primarily to
investigate and prevent new text begin impaired driving crimes, domestic
violence crimes, or new text end juvenile crime or to perform
community-oriented policing duties;

(2) to enable local law enforcement agencies to assign
overtime officers to high crime areas within their
jurisdictions; and

(3) to enable local law enforcement agencies to implement
or expand community-oriented policing projects, liaison efforts
with local school districts, and other innovative community
policing initiatives.

new text begin (c) Grants under paragraph (b), clause (3), for community
policing activities must be provided for areas with high crime
rates and gang, drug, or prostitution activity, for programs
that:
new text end

new text begin (1) include education and training for both peace officers
and the community on community policing initiatives;
new text end

new text begin (2) assign designated peace officers for a period of at
least one year to work exclusively in the area where the
enhanced community policing efforts will take place; and
new text end

new text begin (3) include regular community meetings with the designated
peace officers, prosecuting authorities, judges with
jurisdiction in the area, and community members to further law
enforcement outreach efforts.
new text end

Sec. 23.

Minnesota Statutes 2004, section 299A.62,
subdivision 2, is amended to read:

Subd. 2.

Awarding grant.

new text begin (a) new text end Grants under this section
deleted text begin shall deleted text end new text begin must new text end be awarded by the commissioner of public safety.
Before any grants are awarded, a committee consisting of the
attorney general, and representatives from the Minnesota Chiefs
of Police Association, the Minnesota Sheriffs Association, and
the Minnesota Police and Peace Officers Association, shall
evaluate the grant applications. Before grants are awarded, the
commissioner shall meet and consult with the committee
concerning its evaluation of and recommendations on grant
proposals.

new text begin (b) new text end A grant under subdivision 1, paragraph (b), clause (1),
may be awarded only to a law enforcement agency that
demonstrates in its application that it currently has a need for
an additional officer to be assigned to:

(1) community-oriented policing duties; deleted text begin or
deleted text end

(2) the investigation and prevention of juvenile crime,
based on the juvenile crime rate in the area over which the
agency has jurisdiction new text begin ;
new text end

new text begin (3) the investigation and prevention of impaired driving
crimes; or
new text end

new text begin (4) the investigation and prevention of domestic violence
crimes new text end .

new text begin (c) new text end More than one grant under subdivision 1, paragraph (b),
clause (1), may be awarded to an agency; however, each grant may
fund only one position. At least 50 percent of the grants
awarded under subdivision 1, paragraph (b), clause (1), must be
awarded to the cities of Minneapolis and St. Paul.

Sec. 24.

new text begin [373.50] REQUIREMENT TO PROVIDE CHEMICAL
DEPENDENCY TREATMENT.
new text end

new text begin The state shall provide adequate funding for counties to
provide comprehensive, needs-specific chemical dependency
treatment programs and services to individuals within the
county's criminal justice system. The programs and services
must take into account the fact that the person has committed a
criminal offense and other issues including the individual's
gender, ethnic, cultural, and mental health needs.
new text end

Sec. 25.

Minnesota Statutes 2004, section 609.115,
subdivision 8, is amended to read:

Subd. 8.

Chemical use assessment required.

(a) If a
person is convicted of a felony, the probation officer shall
determine in the report prepared under subdivision 1 whether or
not alcohol or drug use was a contributing factor to the
commission of the offense. If so, the report shall contain the
results of a chemical use assessment conducted in accordance
with this subdivision. The probation officer shall make an
appointment for the defendant to undergo the chemical use
assessment if so indicated. new text begin If the person is convicted of a
violent crime as defined in section 609.133, subdivision 1, the
provisions of that section apply.
new text end

(b) The chemical use assessment report must include a
recommended level of care for the defendant in accordance with
the criteria contained in rules adopted by the commissioner of
human services under section 254A.03, subdivision 3. The
assessment must be conducted by an assessor qualified under
rules adopted by the commissioner of human services under
section 254A.03, subdivision 3. An assessor providing a
chemical use assessment may not have any direct or shared
financial interest or referral relationship resulting in shared
financial gain with a treatment provider. If an independent
assessor is not available, the probation officer may use the
services of an assessor authorized to perform assessments for
the county social services agency under a variance granted under
rules adopted by the commissioner of human services under
section 254A.03, subdivision 3.

new text begin (c) A chemical use assessment and report conducted under
this subdivision must meet the standards described in section
169A.70.
new text end

Sec. 26.

new text begin [609.133] CHEMICAL DEPENDENCY TREATMENT;
ASSESSMENT CHARGE.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin As used in this section,
"violent crime" has the meaning given in section 609.1095,
subdivision 1. The term also includes violations of sections
609.2231, 609.224, and 609.2242.
new text end

new text begin Subd. 2. new text end

new text begin Assessment conducted. new text end

new text begin The court shall ensure
that a chemical use assessment is conducted on a person
convicted of a violent crime as required in section 169A.70,
subdivision 2.
new text end

new text begin Subd. 3. new text end

new text begin Charge. new text end

new text begin (a) When a court sentences a person
convicted of a violent crime, it shall impose a chemical
dependency assessment charge of $125. The court may not waive
payment or authorize payment of the assessment charge in
installments unless it makes written findings on the record that
the convicted person is indigent or that the assessment charge
would create undue hardship for the convicted person or that
person's immediate family.
new text end

new text begin (b) The county shall collect and forward to the
commissioner of finance $25 of the chemical dependency
assessment charge within 60 days after sentencing or explain to
the commissioner in writing why the money was not forwarded
within this time period. The commissioner shall credit the
money to the general fund. The county shall collect and keep
$100 of the chemical dependency assessment charge.
new text end

new text begin (c) The chemical dependency assessment charge required
under this section is in addition to the surcharge required by
section 357.021, subdivision 6.
new text end

Sec. 27.

Minnesota Statutes 2004, section 609.135, is
amended by adding a subdivision to read:

new text begin Subd. 9. new text end

new text begin Certain persons to receive mandatory chemical
dependency treatment. new text end

new text begin If a court stays the imposition or
execution of sentence for a person convicted of a violent crime
as defined in section 609.133, subdivision 1, as a condition of
probation and in addition to any other conditions imposed, the
court shall order the person to submit to the level of care
recommended in the chemical use assessment described in section
169A.70, unless there are compelling reasons to do otherwise.
new text end

Sec. 28. new text begin JUDICIAL TRAINING.
new text end

new text begin The Supreme Court shall include in its judicial education
program training relating to a judge's powers and duties
regarding chemical use assessments.
new text end

Sec. 29. new text begin APPROPRIATIONS.
new text end

new text begin (a) $....... for the fiscal year ending June 30, 2006,
which is the first year, and $....... for the fiscal year ending
June 30, 2007, which is the second year, are appropriated from
the general fund to the commissioner of public safety. Of these
amounts:
new text end

new text begin (1) $....... the first year and $....... the second year
are to increase the complement of state troopers assigned to
enforcing laws on driving while impaired;
new text end

new text begin (2) $....... the first year and $....... the second year
are for grants under Minnesota Statutes, section 299A.62,
subdivision 1, paragraph (b), clause (1), to hire law
enforcement officers to increase law enforcement efforts
targeting crimes for driving while impaired;
new text end

new text begin (3) $....... the first year and $....... the second year
are for grants to local units of government to conduct
compliance checks for on-sale and off-sale intoxicating liquor
license holders to determine whether the license holder is
complying with Minnesota Statutes, section 340A.503;
new text end

new text begin (4) $....... the first year and $....... the second year
are for community policing grants under Minnesota Statutes,
section 299A.62, subdivision 1, paragraph (b), clause (3); and
new text end

new text begin (5) $....... the first year and $....... the second year
are for grants to prevent domestic violence and to provide
services to victims of domestic violence.
new text end

new text begin The commissioner shall develop criteria for awarding grants
under clause (3). Notwithstanding Minnesota Statutes, section
299A.62, subdivision 2, more than 50 percent of the grants
described in clause (2) may be made to government entities other
than Minneapolis and St. Paul. By September 30, 2006, each law
enforcement agency receiving a grant under clause (4) shall
provide a written report to the commissioner of public safety
describing how the grant was used and evaluating the
effectiveness of the enhanced community policing provided under
this grant. By December 15, 2006, the commissioner of public
safety shall report to the chairs and ranking minority leaders
of the house and senate committees with jurisdiction over
criminal justice policy and funding on distribution of grants
under clause (4). This report also shall summarize the
information provided to the commissioner by the law enforcement
agencies receiving grants.
new text end

new text begin (b) $....... for the fiscal year ending June 30, 2006, the
first year, and $....... for the fiscal year ending June 30,
2007, the second year, are appropriated from the general fund to
the commissioner of corrections. Of these amounts:
new text end

new text begin (1) $....... the first year and $....... the second year
are for grants under Minnesota Statutes, section 241.022,
subdivisions 1 and 2, for costs associated with incarcerating
impaired driving offenders and providing programming for these
offenders;
new text end

new text begin (2) $....... the first year and $....... the second year
are for the department's costs associated with incarcerating
felony impaired driving offenders and providing programs for
these offenders;
new text end

new text begin (3) $....... the first year and $....... the second year
are for grants to counties to establish and operate intensive
probation programs for repeat impaired driving offenders under
Minnesota Statutes, section 169A.74; and
new text end

new text begin (4) $....... the first year and $....... the second year
are:
new text end

new text begin (i) for increased chemical dependency treatment programs at
state prisons; and
new text end

new text begin (ii) to provide appropriate chemical dependency treatment,
including aftercare services in Minnesota Statutes, section
254B.01, subdivision 3, for offenders on supervised release.
new text end

new text begin The commissioner shall cooperate with the commissioners of
public safety and human services as required in Minnesota
Statutes, section 169A.74, subdivision 1, when making the grants
described in clause (3).
new text end

new text begin (c) $....... for the fiscal year ending June 30, 2006, and
$....... for the fiscal year ending June 30, 2007, are
appropriated from the general fund to the commissioner of human
services. Of these amounts:
new text end

new text begin (1) $....... the first year and $....... the second year
are to reimburse counties for detoxification and detoxification
transportation services; and
new text end

new text begin (2) $....... the first year and $....... the second year
are for the purpose of fully funding Minnesota Statutes, section
254B.04, subdivision 1. This appropriation must become part of
the base appropriation for this program.
new text end

new text begin (d) $....... for the fiscal year ending June 30, 2006, the
first year, and $....... for the fiscal year ending June 30,
2007, the second year, are appropriated from the general fund to
the chief justice of the Supreme Court. Of these amounts:
new text end

new text begin (1) $....... the first year and $....... the second year
are for the increased training described in section 30; and
new text end

new text begin (2) $....... the first year and $....... the second year
are for grants to counties for court services and correctional
costs related to conducting chemical use assessments.
new text end

new text begin (e) $....... for the fiscal year ending June 30, 2006, and
$....... for the fiscal year ending June 30, 2007, are
appropriated from the general fund to the commissioner of
health. Of these amounts:
new text end

new text begin (1) $....... the first year and $....... the second year
are for health screenings for children and vulnerable adults
residing or found at methamphetamine manufacturing sites;
new text end

new text begin (2) $....... the first year and $....... the second year
are for grants to county health boards for methamphetamine abuse
prevention efforts; and
new text end

new text begin (3) $....... the first year and $....... the second year
are for education and prevention initiatives designed to
eliminate underage drinking.
new text end

Sec. 30. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 254B.02, subdivisions 2,
3, and 4; and 254B.09, subdivisions 4, 5, and 7, are repealed.
new text end

Sec. 31. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 2 to 9 and 25 to 27 are effective August 1, 2005,
and apply to crimes committed on or after that date. Sections
18 to 21 are effective for taxes imposed after June 30, 2005.
new text end