Minnesota Legislature
SF 958
1st Unofficial Engrossment - 87th Legislature (2011 - 2012) Posted on 03/30/2011 04:38pm
KEY: stricken = removed, old language.
underscored = added, new language.
1.2relating to public safety; requiring inmates to co-pay a set minimum amount for
1.3health care provider visits; reauthorizing certain short-term commitments to
1.4commissioner of corrections be served in county jails; amending human rights
1.5education and program development requirements and certificates of compliance
1.6provisions; providing for indeterminate sentencing for certain convicted sex
1.7offenders; modifying frequency of in-service training in police pursuits;
1.8limiting medical aid payments in county jails; requiring a corrections reform
1.9working group; establishing the Juvenile Justice Reform Advisory Task Force;
1.10establishing the Sex Offender Policy Task Force; acquiring an easement for the
1.11correctional facility in Faribault; modifying certain provisions relating to courts
1.12and sentencing, public defenders, sexually exploited youth, and prostitution
1.13crimes; providing for a statewide victim services model for sexually exploited
1.14youth or youth at risk of sexual exploitation; requiring a study; requiring reports;
1.15providing for penalties; appropriating money for public safety, corrections,
1.16human rights, courts, civil legal services, Guardian Ad Litem Board, Uniform
1.17Laws Commission, Board On Judicial Standards, Board of Public Defense, and
1.18sentencing guidelines;amending Minnesota Statutes 2010, sections 169.79,
1.19subdivision 6; 169.797, subdivision 4; 243.212; 260B.007, subdivisions 6, 16;
1.20260C.007, subdivisions 6, 11, by adding a subdivision; 260C.331, subdivision
1.213; 297I.06, subdivision 3; 357.021, subdivision 6; 363A.06, subdivision 1;
1.22363A.36, subdivision 1; 563.01, subdivision 3; 609.105, subdivision 1, by adding
1.23subdivisions; 609.131, subdivision 1; 609.321, subdivisions 4, 8, 9; 609.324,
1.24subdivisions 2, 3, by adding subdivisions; 609.3241; 611.16; 611.17; 611.18;
1.25611.20, subdivisions 3, 4; 611.27, subdivisions 1, 5; 626.558, subdivision 2a;
1.26626.8458, subdivision 5; 641.15, subdivision 2; proposing coding for new law in
1.27Minnesota Statutes, chapter 609; repealing Minnesota Statutes 2010, sections
1.28260B.141, subdivision 5; 260C.141, subdivision 6; 363A.36, subdivision 5;
1.29611.20, subdivision 6.
1.30BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
2.1The amounts shown in this section summarize direct appropriations, by fund, made
2.2in this article.
2.16The sums shown in the columns marked "Appropriations" are appropriated to the
2.17agencies and for the purposes specified in this article. The appropriations are from the
2.18general fund, or another named fund, and are available for the fiscal years indicated
2.19for each purpose. The figures "2012" and "2013" used in this article mean that the
2.20appropriations listed under them are available for the fiscal year ending June 30, 2012, or
2.21June 30, 2013, respectively. "The first year" is fiscal year 2012. "The second year" is fiscal
2.22year 2013. "The biennium" is fiscal years 2012 and 2013. Appropriations for the fiscal
2.23year ending June 30, 2011, are effective the day following final enactment.
3.1The amounts that may be spent for each
3.2purpose are specified in the following
3.3subdivisions.
3.10(a) Disaster Match. $1,226,000 in fiscal year
3.112011 is appropriated from the general fund to
3.12provide a state match for Federal Emergency
3.13Management Agency (FEMA) disaster
3.14assistance to state agencies and political
3.15subdivisions under Minnesota Statutes,
3.16section 12.221, in the area designated
3.17under Presidential Declaration of Major
3.18Disaster, FEMA-1830-DR, for the flooding
3.19in Minnesota in the spring of 2009, whether
3.20included in the original declaration or added
3.21later by federal government action. This is a
3.22onetime appropriation. This appropriation is
3.23available until expended.
3.24(b) Hazmat and Chemical Assessment
3.25Teams. $604,000 each year is appropriated
3.26from the fire safety account in the special
3.27revenue fund. These amounts must be used
3.28to fund the hazardous materials and chemical
3.29assessment teams.
4.1DWI Lab Analysis; Trunk Highway Fund.
4.2Notwithstanding Minnesota Statutes, section
4.3161.20, subdivision 3 , $1,941,000 each year
4.4is appropriated from the trunk highway fund
4.5for laboratory analysis related to driving
4.6while impaired cases.
4.8This appropriation is from the fire safety
4.9account in the special revenue fund and is for
4.10activities under Minnesota Statutes, section
4.11299F.012.
4.17This appropriation is from the alcohol
4.18enforcement account in the special revenue
4.19fund. Of this appropriation, $500,000 each
4.20year shall be transferred to the general fund.
4.21The transfer amount for fiscal year 2014 and
4.22fiscal year 2015 shall be $500,000 per year.
4.29(a) Domestic Abuse Shelters. The
4.30commissioner may not reduce grants to
4.31domestic abuse shelters more than 11 percent
4.32from the base.
4.33(b) Administration Costs. Up to 2.5 percent
4.34of the grant money appropriated in this
5.1subdivision may be used to administer the
5.2grant program.
5.5This appropriation is from the state
5.6government special revenue fund for 911
5.7emergency telecommunications services.
5.8(a) Public Safety Answering Points.
5.9$13,664,000 each year is to be distributed
5.10as provided in Minnesota Statutes, section
5.11403.113, subdivision 2.
5.12(b) Medical Resource Communication
5.13Centers. $683,000 each year is for grants
5.14to the Minnesota Emergency Medical
5.15Services Regulatory Board for the Metro
5.16East and Metro West Medical Resource
5.17Communication Centers that were in
5.18operation before January 1, 2000.
5.19(c) ARMER Debt Service. $23,261,000
5.20each year is to the commissioner of
5.21management and budget to pay debt service
5.22on revenue bonds issued under Minnesota
5.23Statutes, section 403.275.
5.24Any portion of this appropriation not needed
5.25to pay debt service in a fiscal year may be
5.26used by the commissioner of public safety to
5.27pay cash for any of the capital improvements
5.28for which bond proceeds were appropriated
5.29by Laws 2005, chapter 136, article 1, section
5.309, subdivision 8, or Laws 2007, chapter 54,
5.31article 1, section 10, subdivision 8.
5.32(d) Metropolitan Council Debt Service.
5.33$1,410,000 each year is to the commissioner
5.34of management and budget for payment to
5.35the Metropolitan Council for debt service
6.1on bonds issued under Minnesota Statutes,
6.2section 403.27.
6.3(e) ARMER State Backbone Operating
6.4Costs. $8,300,000 the first year and
6.5$8,650,000 the second year are to the
6.6commissioner of transportation for costs
6.7of maintaining and operating the statewide
6.8radio system backbone.
6.9(f) ARMER Improvements. $1,000,000
6.10each year is for the Statewide Radio Board
6.11for costs of design, construction, maintenance
6.12of, and improvements to those elements
6.13of the statewide public safety radio and
6.14communication system that support mutual
6.15aid communications and emergency medical
6.16services or provide enhancement of public
6.17safety communication interoperability.
6.18(g) Transfer. $2,600,000 each year is
6.19transferred to the general fund. This is a
6.20onetime transfer.
6.23(a) Excess Amounts Transferred. This
6.24appropriation is from the peace officer
6.25training account in the special revenue fund.
6.26Any new receipts credited to that account in
6.27the first year in excess of $3,770,000 must be
6.28transferred and credited to the general fund.
6.29Any new receipts credited to that account in
6.30the second year in excess of $3,770,000 must
6.31be transferred and credited to the general
6.32fund.
6.33(b) Peace Officer Training
6.34Reimbursements. $2,634,000 each
7.1year is for reimbursements to local
7.2governments for peace officer training costs.
7.5Mission Priority. The commissioner shall
7.6dedicate the department's appropriation
7.7under this section to enforcement measures.
7.14The amounts that may be spent for each
7.15purpose are specified in the following
7.16subdivisions.
7.22(a) Position Reductions. The commissioner
7.23shall realize the cuts to correctional
7.24institutions by eliminating management
7.25positions within the department's facilities,
7.26particularly duplicate positions. The
7.27commissioner may not eliminate line officer
7.28positions. The commissioner shall focus the
7.29reductions in areas that will not compromise
7.30line officer or public safety.
7.31(b) Inmate Medical Cost Savings; Report.
7.32The commissioner shall reduce the inmate
8.1medical per diem by at least five percent.
8.2By January 15, 2012, the commissioner
8.3shall submit a report to the chairs and
8.4ranking minority members of the house
8.5of representatives and senate committees
8.6with jurisdiction over public safety finance
8.7detailing how the commissioner achieved
8.8the cost savings. If the commissioner fails
8.9to realize five percent savings on inmate
8.10medical costs, the report shall contain a
8.11detailed explanation of why the savings were
8.12not realized.
8.13(c) Juvenile Facilities; Report. By
8.14December 1, 2011, the commissioner of
8.15corrections shall report to the chairs and
8.16ranking minority members of the house of
8.17representatives and senate committees with
8.18jurisdiction over public safety finance on
8.19the continued operation of the department's
8.20two juvenile facilities. In the report, the
8.21commissioner shall evaluate the cost savings
8.22to the department and state of closing one or
8.23both of the facilities. If the commissioner
8.24determines one or both of the facilities
8.25should remain open, the commissioner shall
8.26make recommendations on how to operate
8.27the facilities in the most cost-effective
8.28manner possible. If the commissioner
8.29recommends the closing of one or both of the
8.30juvenile facilities, the report shall contain
8.31recommendations for alternative placements
8.32for juvenile offenders and alternative uses
8.33for the facilities.
8.34(d) Reform Working Group; Report. (1)
8.35The commissioner of corrections shall form a
8.36working group to study the following topics:
9.1(i) adoption of an earned credit program for
9.2inmates in the state correctional facilities
9.3similar to the programs in 36 other states;
9.4(ii) the federal immigration and customs
9.5enforcement rapid REPAT program and the
9.6potential for the state to participate in the
9.7program;
9.8(iii) expanding the use of medical and other
9.9forms of early release; and
9.10(iv) the feasibility of closing a wing or an
9.11entire state facility or leasing vacant prison
9.12space to house inmates from other states.
9.13(2) The working group shall consist of
9.14corrections personnel, the state public
9.15defender, an individual representing victim
9.16services, a representative from the county
9.17attorneys association, a majority and
9.18minority member of the house Public Safety
9.19Committee and a majority and minority
9.20member of the senate Judiciary and Public
9.21Safety Committee, and any other members
9.22that the commissioner deems necessary.
9.23(3) The working group shall issue a report
9.24to the chair and ranking minority member
9.25of the house Public Safety Finance and
9.26Policy Committee and the chair and
9.27ranking minority member of the senate
9.28Judiciary and Public Safety Committee by
9.29January 15, 2012. The report must contain
9.30recommendations for each of the areas
9.31of study under paragraph (1) and specific
9.32recommendations concerning the use of
9.33earned credits for inmates that address:
9.34(i) the feasibility of an earned credit policy;
10.1(ii) the type and amount of earned credit that
10.2could be offered;
10.3(iii) the type of inmates to include and
10.4exclude from an earned credit program; and
10.5(iv) any potential cost savings that would
10.6result from issuing earned credit.
10.12Probation Revocation Reform; Report.
10.13The commissioner of corrections, in
10.14consultation with staff of the Sentencing
10.15Guidelines Commission and representatives
10.16from community corrections agencies,
10.17shall develop performance incentives for
10.18counties to reduce the number of probation
10.19revocations by at least ten percent. The
10.20commissioner is encouraged to review
10.21policies in states that have implemented
10.22performance incentive programs. The
10.23commissioner shall also examine and
10.24consider:
10.25(1) the revocation rate differences between
10.26counties;
10.27(2) granting earned compliance credits for
10.28offenders on probation;
10.29(3) recent innovations in probation services,
10.30such as the HOPE program and the
10.31Georgia model, to determine the feasibility
10.32of implementing similar programs in
10.33Minnesota;
10.34(4) limiting prison time for first time
10.35probation revocations; and
11.1(5) the impact of adopting one, unified
11.2probation and supervised release delivery
11.3system in the state.
11.4The commissioner shall submit a report to
11.5the chairs and ranking minority members
11.6of the house of representatives and senate
11.7committees with jurisdiction over public
11.8safety finance by January 15, 2012.
11.14Position Reductions. At least 50 percent
11.15of the reductions in operations support must
11.16come from the elimination of, or reduction
11.17in benefits for, management positions. The
11.18commissioner shall focus the reductions
11.19in areas such as information technology,
11.20finance, and other areas that will not
11.21compromise line officer or public safety. The
11.22commissioner shall also work to eliminate
11.23positions that duplicate the duties of other
11.24department employees.
11.26(a) MINNCOR. Notwithstanding Minnesota
11.27Statutes, section 241.27, the commissioner
11.28of management and budget shall transfer
11.29$600,000 the first year and $600,000 the
11.30second year from the Minnesota correctional
11.31industries revolving fund to the general fund.
11.32These are onetime transfers.
11.33(b) Various Special Revenue Accounts.
11.34Notwithstanding any law to the contrary,
11.35the commissioner of management and
12.1budget shall transfer $400,000 the first year
12.2and $400,000 the second year from the
12.3Department of Corrections' special revenue
12.4accounts to the general fund. These are
12.5onetime transfers. The commissioner of
12.6corrections shall adjust expenditures to stay
12.7within the remaining revenues.
12.10The amounts that may be spent for each
12.11purpose are specified in the following
12.12subdivisions.
12.14(a) Contingent Account. $5,000 each year
12.15is for a contingent account for expenses
12.16necessary for the normal operation of the
12.17court for which no other reimbursement is
12.18provided.
12.19(b) Employee Health Care. The chief
12.20justice of the Supreme Court shall study and
12.21report to the chairs and ranking minority
12.22members of the house of representatives and
12.23senate committees with jurisdiction over
12.24judiciary finance by January 15, 2012, on
12.25the advantages and disadvantages of having
12.26judicial branch officials and employees
12.27leave the state employee group insurance
12.28program and form their own group benefit
12.29plan, including the option of shifting to a
12.30plan based on high-deductible health savings
12.31accounts.
12.33(a) Legal Services to Low-Income
12.34Clients in Family Law Matters. Of this
13.1appropriation, $877,000 each year is to
13.2improve the access of low-income clients to
13.3legal representation in family law matters.
13.4This appropriation must be distributed
13.5under Minnesota Statutes, section 480.242,
13.6to the qualified legal services programs
13.7described in Minnesota Statutes, section
13.8480.242, subdivision 2, paragraph (a). Any
13.9unencumbered balance remaining in the first
13.10year does not cancel and is available in the
13.11second year.
13.12(b) Limits on Services. No portion of the
13.13funds appropriated may be used to represent
13.14or serve clients: (1) in federal civil or
13.15criminal matters outside the jurisdiction of
13.16the state courts or agencies; (2) in suing a
13.17state or federal entity; and (3) in advocating
13.18at the legislature for or against current or
13.19proposed policy and law.
13.23Case priority. The board shall assign
13.24guardians to clients who are entitled by
13.25statute to representation prior to clients for
13.26whom the courts request guardians but who
13.27are not entitled to a guardian under statute.
13.29Operating schedule. At least one tax court
13.30judge shall hold hearings and meetings or
13.31otherwise conduct regular business on all
14.1days that executive branch agencies are open
14.2for business.
14.4Membership dues. This appropriation is
14.5to pay the state's membership dues to the
14.6National Uniform Laws Commission. No
14.7portion of this appropriation may be used to
14.8fund the travel or expenses of members of
14.9the commission.
14.13Public defense corporations
14.14representation. Funds appropriated
14.15to public defense corporations shall
14.16only be used to defend clients who are
14.17constitutionally or statutorily entitled to a
14.18public defender and who meet the income
14.19eligibility standards in Minnesota Statutes,
14.20section 611.17.
14.24 No portion of the appropriations in sections 8 to 16 may be used for the purchase of
14.25motor vehicles or out-of-state travel that is not directly connected with and necessary to
14.26carry out the core functions of the organizations funded in this article.
14.27 Sec. 18. SALARY FREEZE.
14.28(a) Effective July 1, 2011, a state employee funded in sections 8 to 16 may not
14.29receive a salary or wage increase. This section prohibits any increases, including but
14.30not limited to: across-the-board increases; cost-of-living adjustments; increases based
14.31on longevity; step increases; increases in the form of lump-sum payments; increases
15.1in employer contributions to deferred compensation plans; or any other pay grade
15.2adjustments of any kind. This section does not prohibit an increase in the rate of salary
15.3and wages for an employee who is promoted or transferred to a position with greater
15.4responsibilities and with a higher salary or wage rate.
15.5(b) This section expires on June 30, 2013.
15.6 Sec. 19. CAPPING MILEAGE REIMBURSEMENT.
15.7For entities funded by an appropriation in sections 8 to 16, no official or employee
15.8may be reimbursed for mileage expenses at a rate that exceeds 51 cents per mile.
15.11 Section 1. Minnesota Statutes 2010, section 243.212, is amended to read:
15.12243.212 CO-PAYMENTS FOR HEALTH SERVICES.
15.13Any inmate of an adult correctional facility under the control of the commissioner
15.14of corrections shall incur co-payment obligations for health care services provided. The
15.15co-payment shall be at least $5 per visit to a health care provider. The co-payment will be
15.16paid from the inmate account of earnings and other funds, as provided in section243.23,
15.17subdivision 3 . The funds paid under this subdivision are appropriated to the commissioner
15.18of corrections for the delivery of health care services to inmates.
15.19EFFECTIVE DATE.This section is effective July 1, 2011.
15.20 Sec. 2. Minnesota Statutes 2010, section 297I.06, subdivision 3, is amended to read:
15.21 Subd. 3. Fire safety account, annual transfers, allocation. A special account, to
15.22be known as the fire safety account, is created in the state treasury. The account consists of
15.23the proceeds under subdivisions 1 and 2. $468,000 in fiscal year 2008, $4,268,000 in fiscal
15.24year 2009, $9,268,000 in fiscal year 2010, $5,968,000 in fiscal year 2011, $6,618,000 in
15.25fiscal year 2012, $6,618,000 in fiscal year 2013, and $2,368,000 in each year thereafter is
15.26transferred from the fire safety account in the special revenue fund to the general fund
15.27to offset the loss of revenue caused by the repeal of the one-half of one percent tax on
15.28fire insurance premiums.
15.29 Sec. 3. Minnesota Statutes 2010, section 363A.06, subdivision 1, is amended to read:
15.30 Subdivision 1. Formulation of policies. (a) The commissioner shall formulate
15.31policies to effectuate the purposes of this chapter and shall do the following:
16.1 (1) exercise leadership under the direction of the governor in the development of
16.2human rights policies and programs, and make recommendations to the governor and the
16.3legislature for their consideration and implementation;
16.4 (2)establish and maintain a principal office in St. Paul, and any other necessary
16.5branch offices at any location within the state;
16.6(3) meet and function at any place within the state;
16.7(4) (3) employ attorneys, clerks, and other employees and agents as the
16.8commissioner may deem necessary and prescribe their duties;
16.9(5) (4) to the extent permitted by federal law and regulation, utilize the records of
16.10the Department of Employment and Economic Development of the state when necessary
16.11to effectuate the purposes of this chapter;
16.12(6) (5) obtain upon request and utilize the services of all state governmental
16.13departments and agencies;
16.14(7) (6) adopt suitable rules for effectuating the purposes of this chapter;
16.15(8) (7) issue complaints, receive and investigate charges alleging unfair
16.16discriminatory practices, and determine whether or not probable cause exists for hearing;
16.17(9) (8) subpoena witnesses, administer oaths, take testimony, and require the
16.18production for examination of any books or papers relative to any matter under
16.19investigation or in question as the commissioner deems appropriate to carry out the
16.20purposes of this chapter;
16.21(10) (9) attempt, by means of education, conference, conciliation, and persuasion to
16.22eliminate unfair discriminatory practices as being contrary to the public policy of the state;
16.23(11) develop and conduct programs of formal and informal education designed to
16.24eliminate discrimination and intergroup conflict by use of educational techniques and
16.25programs the commissioner deems necessary;
16.26(12) (10) make a written report of the activities of the commissioner to the governor
16.27each year;
16.28(13) (11) accept gifts, bequests, grants, or other payments public and private to help
16.29finance the activities of the department;
16.30(14) (12) create such local and statewide advisory committees as will in the
16.31commissioner's judgment aid in effectuating the purposes of the Department of Human
16.32Rights;
16.33(15) develop such programs as will aid in determining the compliance throughout
16.34the state with the provisions of this chapter, and in the furtherance of such duties, conduct
16.35research and study discriminatory practices based upon race, color, creed, religion,
16.36national origin, sex, age, disability, marital status, status with regard to public assistance,
17.1familial status, sexual orientation, or other factors and develop accurate data on the nature
17.2and extent of discrimination and other matters as they may affect housing, employment,
17.3public accommodations, schools, and other areas of public life;
17.4(16) (13) develop and disseminate technical assistance to persons subject to the
17.5provisions of this chapter, and to agencies and officers of governmental and private
17.6agencies;
17.7(17) (14) provide staff services to such advisory committees as may be created in
17.8aid of the functions of the Department of Human Rights;
17.9(18) (15) make grants in aid to the extent that appropriations are made available for
17.10that purpose in aid of carrying out duties and responsibilities; and
17.11(19) (16) cooperate and consult with the commissioner of labor and industry
17.12regarding the investigation of violations of, and resolution of complaints regarding section
17.13363A.08, subdivision 7
. The commissioner may use nonstate funds to develop and
17.14conduct programs of formal and informal education designed to eliminate discrimination
17.15and further compliance with this chapter.
17.16 In performing these duties, the commissioner shall give priority to those duties in
17.17clauses (7), (8), and (9), and (10) and to the duties in section
363A.36
17.18 (b) All gifts, bequests, grants, or other payments, public and private, accepted under
17.19paragraph (a), clause(13) (11), must be deposited in the state treasury and credited to a
17.20special account. Money in the account is appropriated to the commissioner of human
17.21rights to help finance activities of the department.
17.22EFFECTIVE DATE.This section is effective July 1, 2011.
17.23 Sec. 4. Minnesota Statutes 2010, section 363A.36, subdivision 1, is amended to read:
17.24 Subdivision 1. Scope of application. (a) For all contracts for goods and services in
17.25excess of$100,000 $250,000, no department or agency of the state shall accept any bid or
17.26proposal for a contract or agreement from any business having more than40 50 full-time
17.27employees within this state on a single working day during the previous 12 months, unless
17.28the commissioner is in receipt of the business' affirmative action plan for the employment
17.29of minority persons, women, and qualified disabled individuals. No department or agency
17.30of the state shall execute any such contract or agreement until the affirmative action plan
17.31has been approved by the commissioner. Receipt of a certificate of compliance issued by
17.32the commissioner shall signify that a firm or business has an affirmative action plan that
17.33has been approved by the commissioner. A certificate shall be valid for a period oftwo
17.34five years. A municipality as defined in section466.01, subdivision 1 , that receives state
17.35money for any reason is encouraged to prepare and implement an affirmative action plan
18.1for the employment of minority persons, women, and the qualified disabled and submit the
18.2plan to the commissioner.
18.3 (b) This paragraph applies to a contract for goods or services in excess of$100,000
18.4$250,000 to be entered into between a department or agency of the state and a business
18.5that is not subject to paragraph (a), but that has more than40 50 full-time employees on
18.6a single working day during the previous 12 months in the state where the business has
18.7its primary place of business. A department or agency of the state may not execute a
18.8contract or agreement with a business covered by this paragraph unless the business has a
18.9certificate of compliance issued by the commissioner under paragraph (a) or the business
18.10certifies that it is in compliance with federal affirmative action requirements.
18.11 (c) This section does not apply to contracts entered into by the State Board of
18.12Investment for investment options under section352.965, subdivision 4 .
18.13EFFECTIVE DATE.This section is effective July 1, 2011.
18.14 Sec. 5. Minnesota Statutes 2010, section 609.105, subdivision 1, is amended to read:
18.15 Subdivision 1. Sentence tomore than one year 60 days or less. In a felony
18.16sentence to imprisonmentfor more than one year shall commit, when the remaining term
18.17of imprisonment is for 60 days or less, the defendant shall be committed to the custody of
18.18the commissioner of corrections and must serve the remaining term of imprisonment at a
18.19workhouse, work farm, county jail, or other place authorized by law.
18.20EFFECTIVE DATE.This section is effective July 1, 2011.
18.21 Sec. 6. Minnesota Statutes 2010, section 609.105, is amended by adding a subdivision
18.22to read:
18.23 Subd. 1c. Sentence to more than 60 days. A felony sentence to imprisonment
18.24when the warrant of commitment has a remaining term of imprisonment for more than 60
18.25days shall commit the defendant to the custody of the commissioner of corrections.
18.26EFFECTIVE DATE.This section is effective July 1, 2011.
18.27 Sec. 7. Minnesota Statutes 2010, section 609.105, is amended by adding a subdivision
18.28to read:
18.29 Subd. 4. Definitions. (a) For the purposes of this section, the terms in this
18.30subdivision have the meanings given them.
18.31(b) "Remaining term of imprisonment" as applied to inmates whose crimes were
18.32committed before August 1, 1993, is the period of time for which an inmate is committed
19.1to the custody of the commissioner of corrections minus earned good time and jail credit,
19.2if any.
19.3(c) "Remaining term of imprisonment" as applied to inmates whose crimes were
19.4committed on or after August 1, 1993, is the period of time equal to two-thirds of the
19.5inmate's executed sentence, minus jail credit, if any.
19.6EFFECTIVE DATE.This section is effective July 1, 2011.
19.7 Sec. 8. [609.3458] INDETERMINATE SENTENCE FOR PREDATORY SEX
19.8OFFENDERS.
19.9 Subdivision 1. Definitions. As used in this section:
19.10(1) "sex offense" means a violation of section 609.342, 609.343, 609.344, or 609.345;
19.11(2) "predatory sex offender" means a person who:
19.12(i) is unable to control the person's sexual impulses;
19.13(ii) is dangerous to other persons; and
19.14(iii) has a pattern of harmful sexual conduct; and
19.15(3) "harmful sexual conduct" means sexual conduct that creates a substantial
19.16likelihood of serious physical or emotional harm to another.
19.17 Subd. 2. Applicability. A prosecuting attorney may charge a person under this
19.18section when probable cause exists that the person:
19.19(1) committed a sex offense; and
19.20(2) is a predatory sex offender.
19.21 Subd. 3. Procedures. A person subject to prosecution under this section shall have
19.22a bifurcated trial. The first phase of the trial shall determine the person's guilt on the sex
19.23offense charge. If the person is found guilty of the sex offense, the second phase of the
19.24trial shall determine whether the person is a predatory sex offender. In both phases of the
19.25trial, the burden of proof is on the state and the standard of proof is beyond a reasonable
19.26doubt. A person charged under this section has all of the rights of a criminal defendant in
19.27both phases of the trial.
19.28 Subd. 4. Indeterminate sentence; minimum and maximum term specified. (a) A
19.29person convicted of a sex offense who has been found by the fact finder to be a predatory
19.30sex offender shall be committed to the custody of the commissioner of corrections for the
19.31term required by paragraph (b).
19.32(b) The minimum sentence of incarceration for offenders sentenced under paragraph
19.33(a) shall be twice the presumptive sentence under the sentencing guidelines for a person
19.34with the offender's criminal history. When the sentencing guidelines presume a stayed
19.35sentence for the sex offense, the court shall specify a minimum sentence. Notwithstanding
20.1any law to the contrary and the statutory maximum sentence for the offense, the maximum
20.2sentence is 60 years.
20.3(c) A person sentenced under this section and subsequently released shall be placed
20.4on conditional release as provided for in subdivision 9.
20.5(d) Notwithstanding section 609.135, the court may not stay the imposition or
20.6execution of the sentence required by this subdivision. An offender committed to the
20.7custody of the commissioner of corrections under this section may not be released from
20.8incarceration except as provided in this section and section 244.05, subdivision 8.
20.9 Subd. 5. Sentence of persons not found to be predatory sex offenders. If the
20.10person is convicted of the sex offense but is not determined to be a predatory sex offender,
20.11the court shall sentence the offender as otherwise provided by law.
20.12 Subd. 6. Release authority. The commissioner of corrections, under rules adopted
20.13by the commissioner, may grant supervised release to offenders sentenced under this
20.14section.
20.15 Subd. 7. Petition for release, hearing. (a) A person who has served the minimum
20.16period of incarceration to which the person was sentenced may petition the commissioner
20.17of corrections for release. The commissioner shall hold a hearing on each petition
20.18for release prior to making any determination. Within 45 days of the hearing, the
20.19commissioner shall give written notice of the time and place of the hearing to all interested
20.20parties, including the petitioner, the sentencing court, the county attorney's office that
20.21prosecuted the case, and any victims of the crime who requested notification. The hearing
20.22must be held on the record. Upon the approval of the commissioner, the petitioner may
20.23subpoena witnesses to appear at the hearing.
20.24(b) If the commissioner determines the person satisfies the criteria for conditional
20.25release, the commissioner shall release the person from incarceration no later than 14
20.26days after making a determination.
20.27(c) If the commissioner rejects the person's petition for release, the commissioner
20.28must specify in writing the reasons for the rejection. The person may not petition for
20.29release again until 24 months have elapsed since the rejection, unless the commissioner
20.30specifies a shorter time period.
20.31 Subd. 8. Criteria for release. (a) A person sentenced under this section shall not
20.32be released from incarceration unless it appears to the satisfaction of the commissioner
20.33that the person:
20.34(1) no longer poses a threat to the public;
20.35(2) is no longer in need of programming in a secure facility; and
20.36(3) is capable of reintegration with the general public.
21.1(b) The person seeking release has the burden of showing, by clear and convincing
21.2evidence, that the criteria in paragraph (a) have been met.
21.3 Subd. 9. Conditional release. (a) A person sentenced under this section shall serve,
21.4upon release from incarceration, a conditional release term. The conditional release term
21.5shall be the 60-year maximum term under this section less the amount of time actually
21.6served, but the term cannot be less than ten years.
21.7(b) The commissioner of corrections shall establish the conditions of release for a
21.8person granted conditional release.
21.9(c) The county attorney in the county where the conviction occurred, the person's
21.10conditional release agent, or any other interested party may file a petition with the court
21.11alleging that the person failed to satisfy any condition of release. If the court determines
21.12that a person has violated a condition of release, the court may order an appropriate
21.13sanction, including, but not limited to, incarcerating the person for a period specified by
21.14the court in a local or state correctional facility. The period may be of any duration up to
21.15the remainder of time left in the person's conditional release term.
21.16EFFECTIVE DATE.This section is effective July 1, 2013, and applies to crimes
21.17committed on or after that date.
21.18 Sec. 9. Minnesota Statutes 2010, section 626.8458, subdivision 5, is amended to read:
21.19 Subd. 5. In-service training in police pursuits required. The chief law
21.20enforcement officer of every state and local law enforcement agency shall provide
21.21in-service training in emergency vehicle operations and in the conduct of police pursuits
21.22to every peace officer and part-time peace officer employed by the agency who the
21.23chief law enforcement officer determines may be involved in a police pursuit given the
21.24officer's responsibilities. The training shall comply with learning objectives developed
21.25and approved by the board and shall consist of at least eight hours of classroom and
21.26skills-based training everyfour five years.
21.27 Sec. 10. Minnesota Statutes 2010, section 641.15, subdivision 2, is amended to read:
21.28 Subd. 2. Medical aid. Except as provided in section466.101 , the county board
21.29shall pay the costs of medical services provided to prisoners pursuant to this section.
21.30The amount paid by theAnoka county board for a medical service shall not exceed the
21.31maximum allowed medical assistance payment rate for the service, as determined by
21.32the commissioner of human services.For all other counties, In the absence of a health
21.33or medical insurance or health plan that has a contractual obligation with the provider or
21.34the prisoner, medical providers shall charge no higher than the rate negotiated between
22.1the county and the provider. In the absence of an agreement between the county and the
22.2provider, the provider may not chargeno more than the discounted rate the provider
22.3has negotiated with the nongovernmental third-party payer that provided the most
22.4revenue to the provider during the previous calendar year an amount that exceeds the
22.5maximum allowed medical assistance payment rate for the service, as determined by
22.6the commissioner of human services. The county is entitled to reimbursement from the
22.7prisoner for payment of medical bills to the extent that the prisoner to whom the medical
22.8aid was provided has the ability to pay the bills. The prisoner shall, at a minimum, incur
22.9co-payment obligations for health care services provided by a county correctional facility.
22.10The county board shall determine the co-payment amount. Notwithstanding any law to the
22.11contrary, the co-payment shall be deducted from any of the prisoner's funds held by the
22.12county, to the extent possible. If there is a disagreement between the county and a prisoner
22.13concerning the prisoner's ability to pay, the court with jurisdiction over the defendant shall
22.14determine the extent, if any, of the prisoner's ability to pay for the medical services. If
22.15a prisoner is covered by health or medical insurance or other health plan when medical
22.16services are provided, the medical provider shall bill that health or medical insurance or
22.17other plan. If the county providing the medical services for a prisoner that has coverage
22.18under health or medical insurance or other plan, that county has a right of subrogation to
22.19be reimbursed by the insurance carrier for all sums spent by it for medical services to the
22.20prisoner that are covered by the policy of insurance or health plan, in accordance with the
22.21benefits, limitations, exclusions, provider restrictions, and other provisions of the policy or
22.22health plan. The county may maintain an action to enforce this subrogation right. The
22.23county does not have a right of subrogation against the medical assistance program or the
22.24general assistance medical care program.
22.25EFFECTIVE DATE.This section is effective July 1, 2011.
22.26 Sec. 11. JUVENILE JUSTICE REFORM ADVISORY TASK FORCE.
22.27 Subdivision 1. Creation; duties. (a) A task force is established to study, evaluate,
22.28and analyze issues related to juvenile justice reform. At a minimum, the task force shall
22.29examine the following issues and assess whether and how a change to law, rule, or practice
22.30would best serve public safety, address the needs of juvenile offenders, and promote
22.31cost-efficiency or cost-savings in the juvenile justice system:
22.32(1) the purpose and intent of the delinquency and child protection provisions of
22.33the Juvenile Court Act;
22.34(2) the age at which a juvenile who is alleged of committing a felony may be
22.35certified as an adult or prosecuted as an extended jurisdiction juvenile;
23.1(3) the minimum age at which a juvenile may be prosecuted for committing a
23.2delinquent act or a petty juvenile offense;
23.3(4) the age at which the juvenile court's jurisdiction over the following individuals
23.4should terminate: delinquent children, juvenile petty offenders, and extended jurisdiction
23.5juveniles;
23.6(5) laws relating to juvenile records, including data classifications, retention periods,
23.7expungement provisions, effect on future juvenile and adult sentencing, and restrictions on
23.8the release of records by different agencies and the courts;
23.9(6) laws which prevent youth involved with the CHIPs, juvenile justice, or adult
23.10court systems from later being employed in various jobs;
23.11(7) laws relating to continuances and stays of adjudication in juvenile delinquency
23.12cases, including length of continuance or stay, extensions, collateral consequences, and
23.13disposition of such cases; and
23.14(8) laws relating to diversion in juvenile cases, including eligibility, program
23.15components, and diversion alternatives.
23.16(b) In addition, the task force shall:
23.17(1) identify the types of dispositions, including treatment and counseling, that
23.18have been most and least successful in reforming and treating juvenile offenders and in
23.19deterring juvenile offenders from committing specific crimes; and
23.20(2) identify the types of dispositions, including treatment and counseling, that have
23.21been the most and least cost-effective in reforming, treating, and deterring juvenile
23.22offenders.
23.23(c) In its evaluation and analysis, the task force shall consider approaches taken
23.24by other states in these areas and may examine other issues that the task force or
23.25commissioner of corrections finds relevant.
23.26 Subd. 2. Membership. The task force consists of the following members:
23.27(1) the commissioner of corrections, or the commissioner's designee;
23.28(2) the commissioner of public safety, or the commissioner's designee;
23.29(3) the commissioner of human services, or the commissioner's designee;
23.30(4) the chairs and ranking minority members of the house of representatives and
23.31senate committees having jurisdiction over criminal justice policy, or their designees;
23.32(5) a county attorney selected by the Minnesota County Attorneys Association;
23.33(6) a representative from the Board of Public Defense, selected by that board;
23.34(7) a representative of the Minnesota Chiefs of Police Association;
23.35(8) a representative of the Minnesota Sheriffs Association;
23.36(9) a juvenile probation officer selected by the commissioner of corrections;
24.1(10) a member of the Juvenile Justice Advisory Committee, selected by that
24.2committee;
24.3(11) a member of the Juvenile Justice Coalition, selected by that coalition; and
24.4(12) a law professor who is knowledgeable in juvenile justice issues, selected by
24.5the commissioner of corrections.
24.6 Subd. 3. Meetings. The commissioner of corrections, or the commissioner's
24.7designee, shall convene the initial meeting of the task force. The members of the task
24.8force must elect a chair or co-chairs at the initial meeting. The task force shall meet
24.9sufficiently enough to accomplish the tasks identified in this section.
24.10 Subd. 4. Terms; compensation; removal; vacancies. The expiration, membership
24.11terms, removal of members, and filling of vacancies on the task force shall be as provided
24.12in Minnesota Statutes, section 15.059. Members shall serve without compensation and
24.13expense reimbursement. The task force expires June 30, 2012.
24.14 Subd. 5. Report. By January 15, 2012, the task force shall submit its report,
24.15including any proposed legislative changes, to the chairs and ranking minority members
24.16of the house of representatives and senate committees with jurisdiction over criminal
24.17justice policy and funding.
24.18EFFECTIVE DATE.This section is effective the day following final enactment.
24.19 Sec. 12. SEX OFFENDER POLICY TASK FORCE.
24.20 Subdivision 1. Creation; duties. (a) A task force is established to study, evaluate,
24.21and analyze issues related to sex offenders. At a minimum, the task force shall examine
24.22and make recommendations on the following issues:
24.23(1) sex offender sentencing, including expanded use of indeterminate sentencing
24.24and implementation of section 8;
24.25(2) sex offender treatment, both in prison and in the community;
24.26(3) sex offender civil commitment, including less costly alternatives;
24.27(4) the effectiveness in cost and outcomes of the Minnesota sex offender program;
24.28(5) best practices for supervising sex offenders such as intensive supervised release,
24.29specialized caseloads, and other innovative methods; ideal caseload sizes for supervising
24.30agents; and methods to implement this in a manner that does not negatively impact the
24.31supervision of other types of offenders;
24.32(6) sex offender community notification and registration, including the effectiveness
24.33of posting offender information on the Internet; and
24.34(7) any other issues related to sex offender management and treatment that the task
24.35force deems appropriate.
25.1(b) In its evaluation and analysis, the task force shall consider approaches taken by
25.2other states in the areas in paragraph (a).
25.3 Subd. 2. Membership. The task force consists of the following members:
25.4(1) the commissioner of public safety, or the commissioner's designee;
25.5(2) the commissioner of corrections, or the commissioner's designee;
25.6(3) the commissioner of human services, or the commissioner's designee;
25.7(4) the chairs and ranking minority members of the house of representatives and
25.8senate committees having jurisdiction over public safety finance and human services
25.9finance, or their designees;
25.10(5) a county attorney, selected by the Minnesota County Attorneys Association;
25.11(6) one representative from the Board of Public Defense, selected by that board;
25.12(7) a representative of the Minnesota Chiefs of Police Association;
25.13(8) a representative of the Minnesota Sheriffs Association;
25.14(9) a probation officer, selected by the commissioner of corrections; and
25.15(10) a sex offender treatment provider who is privately employed, selected by the
25.16commissioner of human services.
25.17 Subd. 3. Meetings. The commissioner of public safety, or the commissioner's
25.18designee, shall convene the initial meeting of the task force and serve as the chair. The
25.19task force shall meet sufficiently enough to accomplish the tasks identified in this section.
25.20 Subd. 4. Terms; compensation; removal; vacancies. The expiration, membership
25.21terms, removal of members, and filling of vacancies on the task force shall be as provided
25.22in Minnesota Statutes, section 15.059. Members shall serve without compensation and
25.23expense reimbursement. The task force expires June 30, 2012.
25.24 Subd. 5. Report. By January 15, 2012, the task force shall submit its report,
25.25including any proposed legislative changes, to the chairs and ranking minority members of
25.26the house of representatives and senate committees with jurisdiction over public safety
25.27policy and finance and human services policy and finance.
25.28EFFECTIVE DATE.This section is effective the day following final enactment.
25.29 Sec. 13. ACQUISITION OF EASEMENT; MINNESOTA CORRECTIONAL
25.30FACILITY IN FARIBAULT.
25.31Notwithstanding Minnesota Statutes, section 16B.31, subdivision 5, the
25.32commissioner of administration may acquire an easement for utility and access purposes to
25.33serve the Minnesota correctional facility in the city of Faribault by any of the acquisition
25.34methods permitted by that subdivision even in the absence of a specific appropriation to
25.35the commissioner to acquire the easement.
26.1 Sec. 14. REPEALER.
26.2Minnesota Statutes 2010, section 363A.36, subdivision 5, is repealed.
26.3EFFECTIVE DATE.This section is effective July 1, 2011.
26.6 Section 1. Minnesota Statutes 2010, section 169.79, subdivision 6, is amended to read:
26.7 Subd. 6. Other motor vehicles. If the motor vehicle is any kind of motor vehicle
26.8other than those provided for in subdivisions 2 to 4,one plate two plates must be displayed
26.9on. One plate must be displayed at the front and one on the rear of the vehicle and one
26.10at the back. The two plates must either be mounted on the front and rear bumpers of
26.11the vehicle or on the front and back of the vehicle exterior in places designed to hold a
26.12license plate.
26.13 Sec. 2. Minnesota Statutes 2010, section 169.797, subdivision 4, is amended to read:
26.14 Subd. 4. Penalty. (a) A person who violates this section is guilty of a misdemeanor.
26.15A person is guilty of a gross misdemeanor who violates this section within ten years
26.16of the first of two prior convictions under this section, section169.791 , or a statute or
26.17ordinance in conformity with one of those sections. The operator of a vehicle who violates
26.18subdivision 3 and who causes or contributes to causing a vehicle accident that results in
26.19the death of any person or in substantial bodily harm to any person, as defined in section
26.20609.02, subdivision 7a
, is guilty of a gross misdemeanor. The same prosecuting authority
26.21who is responsible for prosecuting misdemeanor violations of this section is responsible
26.22for prosecuting gross misdemeanor violations of this section. In addition to any sentence
26.23of imprisonment that the court may impose on a person convicted of violating this section,
26.24the court shall impose a fine of not less than $200 nor more than the maximum amount
26.25authorized by law. The court may allow community service in lieu of any fine imposed if
26.26the defendant is indigent.
26.27(b) A driver who is the owner of the vehicle may, no later than the date and time
26.28specified in the citation for the driver's first court appearance, produce proof of insurance
26.29stating that security had been provided for the vehicle that was being operated at the time
26.30of demand to the court administrator. The required proof of insurance may be sent by mail
26.31by the driver as long as it is received no later than the date and time specified in the
26.32citation for the driver's first court appearance. If a citation is issued, no person shall be
26.33convicted of violating this section if the court administrator receives the required proof of
27.1insurance no later than the date and time specified in the citation for the driver's first court
27.2appearance. If the charge is made other than by citation, no person shall be convicted of
27.3violating this section if the person presents the required proof of insurance at the person's
27.4first court appearance after the charge is made.
27.5(c) If the driver is not the owner of the vehicle, the driver shall, no later than the
27.6date and time specified in the citation for the driver's first court appearance, provide the
27.7district court administrator with proof of insurance or the name and address of the owner.
27.8Upon receipt of the name and address of the owner, the district court administrator shall
27.9communicate the information to the law enforcement agency.
27.10(d) If the driver is not the owner of the vehicle, the officer may send or provide a
27.11notice to the owner of the vehicle requiring the owner to produce proof of insurance for
27.12the vehicle that was being operated at the time of the demand. Notice by mail is presumed
27.13to be received five days after mailing and shall be sent to the owner's current address or the
27.14address listed on the owner's driver's license. Within ten days after receipt of the notice,
27.15the owner shall produce the required proof of insurance to the place stated in the notice
27.16received by the owner. The required proof of insurance may be sent by mail by the owner
27.17as long as it is received within ten days. Any owner who fails to produce proof of insurance
27.18within ten days of an officer's request under this subdivision is guilty of a misdemeanor.
27.19The peace officer may mail the citation to the owner's current address or address stated
27.20on the owner's driver's license. It is an affirmative defense to a charge against the owner
27.21that the driver used the owner's vehicle without consent, if insurance would not have been
27.22required in the absence of the unauthorized use by the driver. It is not a defense that a
27.23person failed to notify the Department of Public Safety of a change of name or address as
27.24required under section 171.11. The citation may be sent after the ten-day period.
27.25(b) (e) The court may impose consecutive sentences for offenses arising out of a
27.26single course of conduct as permitted in section609.035, subdivision 2 .
27.27(c) (f) In addition to the criminal penalty, the driver's license of an operator convicted
27.28under this section shall be revoked for not more than 12 months. If the operator is also an
27.29owner of the vehicle, the registration of the vehicle shall also be revoked for not more
27.30than 12 months. Before reinstatement of a driver's license or registration, the operator
27.31shall file with the commissioner of public safety the written certificate of an insurance
27.32carrier authorized to do business in this state stating that security has been provided by the
27.33operator as required by section65B.48 .
27.34(d) (g) The commissioner shall include a notice of the penalties contained in this
27.35section on all forms for registration of vehicles required to maintain a plan of reparation
27.36security.
28.1 Sec. 3. Minnesota Statutes 2010, section 260C.331, subdivision 3, is amended to read:
28.2 Subd. 3. Court expenses. The following expenses are a charge upon the county
28.3in which proceedings are held upon certification of the judge of juvenile court or upon
28.4such other authorization provided by law:
28.5(1) the fees and mileage of witnesses, and the expenses and mileage of officers
28.6serving notices and subpoenas ordered by the court, as prescribed by law;
28.7(2) the expense of transporting a child to a place designated by a child-placing agency
28.8for the care of the child if the court transfers legal custody to a child-placing agency;
28.9(3) the expense of transporting a minor to a place designated by the court;
28.10(4) reasonable compensation for an attorney appointed by the court to serve as
28.11counsel.
28.12The State Guardian Ad Litem Board shall pay for guardian ad litem expenses
28.13and reasonable compensation for an attorney to serve as counsel for a guardian ad
28.14litem, if necessary. In no event may the court order that guardian ad litem expenses or
28.15compensation for an attorney serving as counsel for a guardian ad litem be charged to
28.16a county.
28.17 Sec. 4. Minnesota Statutes 2010, section 357.021, subdivision 6, is amended to read:
28.18 Subd. 6. Surcharges on criminal and traffic offenders. (a) Except as provided
28.19in this paragraph, the court shall impose and the court administrator shall collect a $75
28.20surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or
28.21petty misdemeanor offense, other than a violation of a law or ordinance relating to vehicle
28.22parking, for which there shall be a $12 surcharge. When a defendant is convicted of more
28.23than one offense in a case, the surcharge shall be imposed only once in that case. In the
28.24Second Judicial District, the court shall impose, and the court administrator shall collect,
28.25an additional $1 surcharge on every person convicted of any felony, gross misdemeanor,
28.26misdemeanor, or petty misdemeanor offense, including a violation of a law or ordinance
28.27relating to vehicle parking, if the Ramsey County Board of Commissioners authorizes the
28.28$1 surcharge. The surcharge shall be imposed whether or not the person is sentenced to
28.29imprisonment or the sentence is stayed. The surcharge shall not be imposed when a person
28.30is convicted of a petty misdemeanor for which no fine is imposed.
28.31 (b) If the court fails to impose a surcharge as required by this subdivision, the court
28.32administrator shall show the imposition of the surcharge, collect the surcharge, and
28.33correct the record.
28.34 (c) The court may not waive payment of the surcharge required under this
28.35subdivision. Upon a showing of indigency or undue hardship upon the convicted person
29.1or the convicted person's immediate family, the sentencing court may authorize payment
29.2of the surcharge in installments.
29.3 (d) The court administrator or other entity collecting a surcharge shall forward it to
29.4the commissioner of management and budget.
29.5 (e) If the convicted person is sentenced to imprisonment and has not paid the
29.6surcharge before the term of imprisonment begins, the chief executive officer of the
29.7correctional facility in which the convicted person is incarcerated shall collect the
29.8surcharge from any earnings the inmate accrues from work performed in the facility
29.9or while on conditional release. The chief executive officer shall forward the amount
29.10collected to the court administrator or other entity collecting the surcharge imposed by
29.11the court.
29.12(f) A person whosuccessfully completes a diversion or similar program enters
29.13a diversion program, continuance without prosecution, continuance for dismissal, or
29.14stay of adjudication for a violation of chapter 169 must pay the surcharge described in
29.15this subdivision. A surcharge imposed under this paragraph shall be imposed only once
29.16per case.
29.17(g) The surcharge does not apply to administrative citations issued pursuant to
29.18section169.999 .
29.19 Sec. 5. Minnesota Statutes 2010, section 563.01, subdivision 3, is amended to read:
29.20 Subd. 3. Authorization of forma pauperis. (a) Any court of the state of Minnesota
29.21or any political subdivision thereof may authorize the commencement or defense of any
29.22civil action, or appeal therein, without prepayment of fees, costs and security for costs by
29.23a natural person who makes affidavit stating (a) the nature of the action, defense or appeal,
29.24(b) a belief that affiant is entitled to redress, and (c) that affiant is financially unable to
29.25pay the fees, costs and security for costs.
29.26(b) Upon a finding by the court that the action is not of a frivolous nature, the court
29.27shall allow the person to proceed in forma pauperis if the affidavit is substantially in the
29.28language required by this subdivision and is not found by the court to be untrue. Persons
29.29meeting the requirements of this subdivision include, but are not limited to, a person who
29.30is receiving public assistance, who is represented by an attorney on behalf of a civil legal
29.31services program or a volunteer attorney program based on indigency, or who has an
29.32annual income not greater than 125 percent of the poverty line established under United
29.33States Code, title 42, section 9902(2), except as otherwise provided by section563.02 .
30.1(c) If, at or following commencement of the action, the party is or becomes able
30.2to pay a portion of the fees, costs, and security for costs, the court may order any of
30.3the following:
30.4(1) payment of a fee of not less than $75;
30.5(2) partial payment of fees, costs, and security for costs; or
30.6(3) reimbursement of all or a portion of fees, costs, and security for costs paid in
30.7monthly payments as directed by the court.
30.8The court administrator shall transmit any fees or payments to the commissioner of
30.9management and budget for deposit in the state treasury and credit them to the general
30.10fund.
30.11EFFECTIVE DATE.This section is effective July 1, 2011.
30.14 Section 1. Minnesota Statutes 2010, section 609.131, subdivision 1, is amended to read:
30.15 Subdivision 1. General rule. Except as provided in subdivision 2, an alleged
30.16misdemeanor violation must be treated as a petty misdemeanor if the prosecuting attorney
30.17believes that it is in the interest of justice that the defendant not be imprisoned if convicted
30.18and certifies that belief to the court at or before the time of arraignment or pretrial hearing,
30.19and the court approves of the certification motion. Prior to the appointment of a public
30.20defender to represent a defendant charged with a misdemeanor, the court shall inquire of
30.21the prosecutor whether the prosecutor intends to certify the case as a petty misdemeanor.
30.22The defendant's consent to the certification is not required. When an offense is certified
30.23as a petty misdemeanor under this section, thedefendant's eligibility for court-appointed
30.24counsel must be evaluated as though the offense were a misdemeanor defendant is not
30.25eligible for the appointment of a public defender.
30.26 Sec. 2. Minnesota Statutes 2010, section 611.16, is amended to read:
30.27611.16 REQUEST FOR APPOINTMENT OF PUBLIC DEFENDER.
30.28Any person described in section611.14 or any other person entitled by law to
30.29representation by counsel, may at any time request the court in which the matter is pending,
30.30or the court in which the conviction occurred, to appoint a public defender to represent the
30.31person. In a proceeding defined byclause (2) of section
611.14 , clause (2), application for
30.32the appointment of a public defender may also be made to a judge of the Supreme Court.
31.1 Sec. 3. Minnesota Statutes 2010, section 611.17, is amended to read:
31.2611.17 FINANCIAL INQUIRY; STATEMENTS; CO-PAYMENT;
31.3STANDARDS FOR DISTRICT PUBLIC DEFENSE ELIGIBILITY.
31.4 (a) Each judicial district must screen requests for representation by the district public
31.5defender. A defendant is financially unable to obtain counsel if:
31.6 (1) the defendant, or any dependent of the defendant who resides in the same
31.7household as the defendant, receives means-tested governmental benefits; or is charged
31.8with a misdemeanor and has an annual household income not greater than 125 percent of
31.9the poverty guidelines updated periodically in the Federal Register by the United States
31.10Department of Health and Human Services under the authority of United States Code,
31.11title 42, section 9902(2);
31.12(2) the defendant is charged with a gross misdemeanor and has an annual household
31.13income not greater than 150 percent of the poverty guidelines updated periodically in the
31.14Federal Register by the United States Department of Health and Human Services under
31.15the authority of United States Code, title 42, section 9902(2);
31.16(3) the defendant is charged with a felony and has an annual household income not
31.17greater than 175 percent of the poverty guidelines updated periodically in the Federal
31.18Register by the United States Department of Health and Human Services under the
31.19authority of United States Code, title 42, section 9902(2); or
31.20(2) (4) the court determines that the defendant, through any combination of liquid
31.21assets and current income, would be unable to pay the reasonable costs charged by private
31.22counsel in that judicial district for a defense of the same matter.
31.23 (b) Upon a request for the appointment of counsel, the court shall make an
31.24appropriateinquiry into the determination of financial circumstances eligibility under
31.25paragraph (a) of the applicant, who shall submit a financial statement under oath or
31.26affirmation setting forth the applicant's assets and liabilities, including the value of any
31.27real property owned by the applicant, whether homestead or otherwise, less the amount of
31.28any encumbrances on the real property, the source or sources of income, and any other
31.29information required by the court. The applicant shall be under a continuing duty while
31.30represented by a public defender to disclose any changes in the applicant's financial
31.31circumstancesthat might be relevant to the applicant's eligibility for a public defender.
31.32The state public defender shall furnish appropriate forms for the financial statements,
31.33which must be used by the district courts throughout the state. The forms must contain
31.34conspicuous notice of the applicant's continuing duty to disclose to the court changes in
31.35the applicant's financial circumstances. The forms must also contain conspicuous notice
31.36of the applicant's obligation to make a co-payment for the services of the district public
32.1defender, as specified under paragraph (c). The information contained in the statement
32.2shall be confidential and for the exclusive use of the court and the public defender
32.3appointed by the court to represent the applicant except for any prosecution under
32.4section609.48 . A refusal to execute the financial statement or produce financial records
32.5constitutes a waiver of the right to the appointment of a public defender. The court shall
32.6not appoint a district public defender to a defendant who is financially able to retain
32.7private counsel but refuses to do so.
32.8 An inquiry to determine financial eligibility of a defendant for the appointment of
32.9the district public defender shall be made whenever possible prior to the court appearance
32.10and by such persons as the court may direct. This inquiry may be combined with the
32.11prerelease investigation provided for in Minnesota Rule of Criminal Procedure 6.02,
32.12subdivision 3.In no case shall the district public defender be required to perform this
32.13inquiry or investigate the defendant's assets or eligibility. The court has the sole duty to
32.14conduct a financial inquiry. The inquiry must include the following:
32.15 (1) the liquidity of real estate assets, including the defendant's homestead;
32.16 (2) any assets that can be readily converted to cash or used to secure a debt;
32.17 (3) the determination of whether the transfer of an asset is voidable as a fraudulent
32.18conveyance; and
32.19 (4) the value of all property transfers occurring on or after the date of the alleged
32.20offense. The burden is on the accused to show that the accused is financially unable
32.21to afford counsel. Defendants who fail to provide information necessary to determine
32.22eligibility shall be deemed ineligible. The court must not appoint the district public
32.23defender as advisory counsel.
32.24 (c) Upon disposition of the case, an individual who has received public defender
32.25services shall pay to the court a $75 co-payment for representation provided by a public
32.26defender, unless the co-payment is, or has been, reduced in part or waived by the court.
32.27 The co-payment must be credited to the general fund. If a term of probation is
32.28imposed as a part of an offender's sentence, the co-payment required by this section must
32.29not be made a condition of probation. The co-payment required by this section is a civil
32.30obligation and must not be made a condition of a criminal sentence.
32.31(d) The court shall not appoint a public defender to a defendant who is financially
32.32able to retain counsel but refuses to do so, refuses to execute the financial statement or
32.33refuses to provide information necessary to determine financial eligibility under this
32.34section, or waives appointment of a public defender under section 611.19.
33.1 Sec. 4. Minnesota Statutes 2010, section 611.18, is amended to read:
33.2611.18 APPOINTMENT OF PUBLIC DEFENDER.
33.3If it appears to a court that a person requesting the appointment of counsel satisfies
33.4the requirements of this chapter, the court shall order theappropriate public defender to
33.5represent the personat all further stages of the proceeding through appeal, if any. For a
33.6person appealing from a conviction, or a person pursuing a postconviction proceeding
33.7and who has not already had a direct appeal of the conviction, according to the standards
33.8of sections611.14 , clause (2), and
611.25, subdivision 1 , paragraph (a), clause (2), the
33.9state chief appellate public defender shall be appointed. For a person covered by section
33.10611.14
, clause (1), a (3), or (4), the chief district public defender shall be appointed to
33.11represent that person.If (a) conflicting interests exist, (b) the district public defender for
33.12any other reason is unable to act, or (c) the interests of justice require, the state public
33.13defender may be ordered to represent a person. When the state public defender is directed
33.14by a court to represent a defendant or other person, the state public defender may assign
33.15the representation to any district public defender. If at any stage of the proceedings,
33.16including an appeal, the court finds that the defendant is financially unable to pay counsel
33.17whom the defendant had retained, the court may appoint theappropriate public defender
33.18to represent the defendant, as provided in this section. Prior to any court appearance, a
33.19public defender may represent a person accused of violating the law, who appears to be
33.20financially unable to obtain counsel, and shall continue to represent the person unless it
33.21is subsequently determined that the person is financially able to obtain counsel. The
33.22representation may be made available at the discretion of the public defender, upon the
33.23request of the person or someone on the person's behalf. Any law enforcement officer may
33.24notify the public defender of the arrest of any such person.
33.25 Sec. 5. Minnesota Statutes 2010, section 611.20, subdivision 3, is amended to read:
33.26 Subd. 3. Reimbursement. In each fiscal year, the commissioner of management
33.27and budget shall deposit the payments in the special revenue fund and credit them to a
33.28separate account with the Board of Public Defense. The amount credited to this account is
33.29appropriated to the Board of Public Defense.
33.30The balance of this account does not cancel but is available until expended.
33.31Expenditures by the board from this account for each judicial district public defense office
33.32must be based on the amount of the payments received by the state from the courts in
33.33each judicial district.A district public defender's office that receives money under this
33.34subdivision shall use the money to supplement office overhead payments to part-time
33.35attorneys providing public defense services in the district. By January 15 of each year,
34.1the Board of Public Defense shall report to the chairs and ranking minority members of
34.2the senate and house of representatives divisions having jurisdiction over criminal justice
34.3funding on the amount appropriated under this subdivision, the number of cases handled
34.4by each district public defender's office, the number of cases in which reimbursements
34.5were ordered, and the average amount of reimbursement ordered, and the average amount
34.6of money received by part-time attorneys under this subdivision.
34.7EFFECTIVE DATE.This section is effective July 1, 2011.
34.8 Sec. 6. Minnesota Statutes 2010, section 611.20, subdivision 4, is amended to read:
34.9 Subd. 4. Employed defendants; ability to pay. (a) A court shall order a defendant
34.10who is employed when a public defender is appointed, or who becomes employed while
34.11represented by a public defender, or who is or becomes able to make partial payments
34.12for counsel, to reimburse the state for the cost of the public defender. If reimbursement
34.13is required under this subdivision, the court shall order the reimbursement when a
34.14public defender is first appointed or as soon as possible after the court determines that
34.15reimbursement is required. The court may accept partial reimbursement from the
34.16defendant if the defendant's financial circumstances warrant a reduced reimbursement
34.17schedule.The court may consider the guidelines in subdivision 6 in determining a
34.18defendant's reimbursement schedule. If a defendant does not agree to make payments,
34.19the court may order the defendant's employer to withhold a percentage of the defendant's
34.20income to be turned over to the court.The percentage to be withheld may be determined
34.21under subdivision 6 In determining the percentage to be withheld, the court shall consider
34.22the income and assets of the defendant based on the financial statement provided by the
34.23defendant when applying for the public defender under section 611.17.
34.24(b) If a court determines under section 611.17 that a defendant is financially unable to
34.25pay the reasonable costs charged by private counsel due to the cost of a private retainer fee,
34.26the court shall evaluate the defendant's ability to make partial payments or reimbursement.
34.27 Sec. 7. Minnesota Statutes 2010, section 611.27, subdivision 1, is amended to read:
34.28 Subdivision 1.County payment responsibility District public defender budget.
34.29(a) A chief district public defender shall annually submit a comprehensive budget to
34.30the state Board of Public Defense. The budget shall be in compliance with standards
34.31and forms required by the board. The chief district public defender shall, at times and
34.32in the form required by the board, submit reports to the board concerning its operations,
34.33including the number of cases handled and funds expended for these services.
35.1(b) Money appropriated to the state Board of Public Defense for the board's
35.2administration, for the state public defender, for the judicial district public defenders,
35.3and for the public defense corporations shall be expended as determined by the board.
35.4In distributing funds to district public defenders, the board shall consider the geographic
35.5distribution of public defenders, the equity of compensation among the judicial districts,
35.6public defender case loads, and the results of the weighted case load study.
35.7 Sec. 8. Minnesota Statutes 2010, section 611.27, subdivision 5, is amended to read:
35.8 Subd. 5. District public defender budgets and county payment responsibility.
35.9The board of public defensemay only shall fund all those items and services in necessary
35.10for the district public defenderbudgets which were included in the original budgets of
35.11district public defender offices as of January 1, 1990. All other public defense related
35.12costs remain the responsibility of the counties unless the state specifically appropriates
35.13for these. The cost of additional state funding of these items and services must be offset
35.14by reductions in local aids in the same manner as the original state takeover. to satisfy
35.15its obligations under this chapter. Except as provided in section 611.26, subdivision 3a,
35.16counties shall not pay and no court shall order any county to pay for representation of
35.17individuals charged with a crime.
35.18 Sec. 9. REPEALER.
35.19Minnesota Statutes 2010, section 611.20, subdivision 6, is repealed.
35.22 Section 1. Minnesota Statutes 2010, section 260B.007, subdivision 6, is amended to
35.23read:
35.24 Subd. 6. Delinquent child. (a) Except as otherwise provided inparagraph
35.25paragraphs (b) and (c), "delinquent child" means a child:
35.26(1) who has violated any state or local law, except as provided in section260B.225,
35.27subdivision 1 , and except for juvenile offenders as described in subdivisions 16 to 18;
35.28(2) who has violated a federal law or a law of another state and whose case has been
35.29referred to the juvenile court if the violation would be an act of delinquency if committed
35.30in this state or a crime or offense if committed by an adult;
35.31(3) who has escaped from confinement to a state juvenile correctional facility after
35.32being committed to the custody of the commissioner of corrections; or
36.1(4) who has escaped from confinement to a local juvenile correctional facility after
36.2being committed to the facility by the court.
36.3(b) The term delinquent child does not include a child alleged to have committed
36.4murder in the first degree after becoming 16 years of age, but the term delinquent child
36.5does include a child alleged to have committed attempted murder in the first degree.
36.6(c) The term delinquent child does not include a child who is alleged to have
36.7engaged in conduct which would, if committed by an adult, violate any federal, state, or
36.8local law relating to being hired, offering to be hired, or agreeing to be hired by another
36.9individual to engage in sexual penetration or sexual conduct.
36.10EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
36.11offenses committed on or after that date.
36.12 Sec. 2. Minnesota Statutes 2010, section 260B.007, subdivision 16, is amended to read:
36.13 Subd. 16. Juvenile petty offender; juvenile petty offense. (a) "Juvenile petty
36.14offense" includes a juvenile alcohol offense, a juvenile controlled substance offense,
36.15a violation of section609.685 , or a violation of a local ordinance, which by its terms
36.16prohibits conduct by a child under the age of 18 years which would be lawful conduct if
36.17committed by an adult.
36.18(b) Except as otherwise provided in paragraph (c), "juvenile petty offense" also
36.19includes an offense that would be a misdemeanor if committed by an adult.
36.20(c) "Juvenile petty offense" does not include any of the following:
36.21(1) a misdemeanor-level violation of section518B.01 ,;
588.20 ,;
609.224 ,;
609.2242 ,;
36.22609.324
, subdivision 2 or 3;
609.5632 ,;
609.576 ,;
609.66 ,;
609.746 ,;
609.748 ,;
609.79 ,;
36.23or617.23 ;
36.24(2) a major traffic offense or an adult court traffic offense, as described in section
36.25260B.225
;
36.26(3) a misdemeanor-level offense committed by a child whom the juvenile court
36.27previously has found to have committed a misdemeanor, gross misdemeanor, or felony
36.28offense; or
36.29(4) a misdemeanor-level offense committed by a child whom the juvenile court
36.30has found to have committed a misdemeanor-level juvenile petty offense on two or
36.31more prior occasions, unless the county attorney designates the child on the petition
36.32as a juvenile petty offender notwithstanding this prior record. As used in this clause,
36.33"misdemeanor-level juvenile petty offense" includes a misdemeanor-level offense that
36.34would have been a juvenile petty offense if it had been committed on or after July 1, 1995.
37.1(d) A child who commits a juvenile petty offense is a "juvenile petty offender." The
37.2term juvenile petty offender does not include a child alleged to have violated any law
37.3relating to being hired, offering to be hired, or agreeing to be hired by another individual
37.4to engage in sexual penetration or sexual conduct which, if committed by an adult, would
37.5be a misdemeanor.
37.6EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
37.7offenses committed on or after that date.
37.8 Sec. 3. Minnesota Statutes 2010, section 260C.007, subdivision 6, is amended to read:
37.9 Subd. 6. Child in need of protection or services. "Child in need of protection or
37.10services" means a child who is in need of protection or services because the child:
37.11 (1) is abandoned or without parent, guardian, or custodian;
37.12 (2)(i) has been a victim of physical or sexual abuse as defined in section626.556 ,
37.13subdivision 2, (ii) resides with or has resided with a victim of child abuse as defined in
37.14subdivision 5 or domestic child abuse as defined in subdivision 13, (iii) resides with or
37.15would reside with a perpetrator of domestic child abuse as defined in subdivision 13 or
37.16child abuse as defined in subdivision 5 or 13, or (iv) is a victim of emotional maltreatment
37.17as defined in subdivision 15;
37.18 (3) is without necessary food, clothing, shelter, education, or other required care
37.19for the child's physical or mental health or morals because the child's parent, guardian,
37.20or custodian is unable or unwilling to provide that care;
37.21 (4) is without the special care made necessary by a physical, mental, or emotional
37.22condition because the child's parent, guardian, or custodian is unable or unwilling to
37.23provide that care;
37.24 (5) is medically neglected, which includes, but is not limited to, the withholding of
37.25medically indicated treatment from a disabled infant with a life-threatening condition. The
37.26term "withholding of medically indicated treatment" means the failure to respond to the
37.27infant's life-threatening conditions by providing treatment, including appropriate nutrition,
37.28hydration, and medication which, in the treating physician's or physicians' reasonable
37.29medical judgment, will be most likely to be effective in ameliorating or correcting all
37.30conditions, except that the term does not include the failure to provide treatment other
37.31than appropriate nutrition, hydration, or medication to an infant when, in the treating
37.32physician's or physicians' reasonable medical judgment:
37.33 (i) the infant is chronically and irreversibly comatose;
38.1 (ii) the provision of the treatment would merely prolong dying, not be effective in
38.2ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be
38.3futile in terms of the survival of the infant; or
38.4 (iii) the provision of the treatment would be virtually futile in terms of the survival
38.5of the infant and the treatment itself under the circumstances would be inhumane;
38.6 (6) is one whose parent, guardian, or other custodian for good cause desires to be
38.7relieved of the child's care and custody, including a child who entered foster care under a
38.8voluntary placement agreement between the parent and the responsible social services
38.9agency under section260C.212, subdivision 8 ;
38.10 (7) has been placed for adoption or care in violation of law;
38.11 (8) is without proper parental care because of the emotional, mental, or physical
38.12disability, or state of immaturity of the child's parent, guardian, or other custodian;
38.13 (9) is one whose behavior, condition, or environment is such as to be injurious or
38.14dangerous to the child or others. An injurious or dangerous environment may include, but
38.15is not limited to, the exposure of a child to criminal activity in the child's home;
38.16 (10) is experiencing growth delays, which may be referred to as failure to thrive, that
38.17have been diagnosed by a physician and are due to parental neglect;
38.18 (11)has engaged in prostitution as defined in section
609.321, subdivision 9
38.19sexually exploited youth as defined in subdivision 31;
38.20 (12) has committed a delinquent act or a juvenile petty offense before becoming
38.21ten years old;
38.22 (13) is a runaway;
38.23 (14) is a habitual truant;
38.24 (15) has been found incompetent to proceed or has been found not guilty by reason
38.25of mental illness or mental deficiency in connection with a delinquency proceeding, a
38.26certification under section260B.125 , an extended jurisdiction juvenile prosecution, or a
38.27proceeding involving a juvenile petty offense; or
38.28(16) has a parent whose parental rights to one or more other children were
38.29involuntarily terminated or whose custodial rights to another child have been involuntarily
38.30transferred to a relative and there is a case plan prepared by the responsible social services
38.31agency documenting a compelling reason why filing the termination of parental rights
38.32petition under section260C.301, subdivision 3 , is not in the best interests of the child.
38.33EFFECTIVE DATE.This section is effective August 1, 2011.
38.34 Sec. 4. Minnesota Statutes 2010, section 260C.007, subdivision 11, is amended to read:
38.35 Subd. 11. Delinquent child. "Delinquent child"means a child:
39.1(1) who has violated any state or local law, except as provided in section
260B.225,
39.2subdivision 1
, and except for juvenile offenders as described in subdivisions 19 and 28; or
39.3(2) who has violated a federal law or a law of another state and whose case has been
39.4referred to the juvenile court if the violation would be an act of delinquency if committed
39.5in this state or a crime or offense if committed by an adult has the meaning given in
39.6section 260B.007, subdivision 6.
39.7EFFECTIVE DATE.This section is effective August 1, 2011.
39.8 Sec. 5. Minnesota Statutes 2010, section 260C.007, is amended by adding a
39.9subdivision to read:
39.10 Subd. 31. Sexually exploited youth. "Sexually exploited youth" means an
39.11individual who:
39.12(1) is alleged to have engaged in conduct which would, if committed by an adult,
39.13violate any federal, state, or local law relating to being hired, offering to be hired, or
39.14agreeing to be hired by another individual to engage in sexual penetration or sexual
39.15conduct;
39.16(2) is a victim of a crime described in section 609.342, 609.343, 609.345, 609.3451,
39.17609.3453, 609.352, 617.246, or 617.247;
39.18(3) is a victim of a crime described in United States Code, title 18, section 2260;
39.192421; 2422; 2423; 2425; 2425A; or 2256; or
39.20(4) is a sex trafficking victim as defined in section 609.321, subdivision 7b.
39.21EFFECTIVE DATE.This section is effective August 1, 2011.
39.22 Sec. 6. Minnesota Statutes 2010, section 609.321, subdivision 8, is amended to read:
39.23 Subd. 8. Prostitute. "Prostitute" means an individual 18 years of age or older who
39.24engages in prostitution.
39.25EFFECTIVE DATE.This section is effective August 1, 2014, and applies to crimes
39.26committed on or after that date.
39.27 Sec. 7. Minnesota Statutes 2010, section 609.3241, is amended to read:
39.28609.3241 PENALTY ASSESSMENT AUTHORIZED.
39.29(a) When a court sentences an adult convicted of violating section609.322 or
39.30609.324
, while acting other than as a prostitute, the court shall impose an assessment of
39.31not less than$250 $500 and not more than $500 $750 for a violation of section
609.324,
40.1subdivision 2 , or a misdemeanor violation of section
609.324, subdivision 3 ; otherwise
40.2the court shall impose an assessment of not less than$500 $750 and not more than
40.3$1,000. Themandatory minimum portion of the assessment is to be used for the purposes
40.4described in section
626.558, subdivision 2a, shall be distributed as provided in paragraph
40.5(c) and is in addition to the surcharge required by section357.021, subdivision 6 . Any
40.6portion of the assessment imposed in excess of the mandatory minimum amount shall be
40.7deposited in an account in the special revenue fund and is appropriated annually to the
40.8commissioner of public safety. The commissioner, with the assistance of the General
40.9Crime Victims Advisory Council, shall use money received under this section for grants to
40.10agencies that provide assistance to individuals who have stopped or wish to stop engaging
40.11in prostitution. Grant money may be used to provide these individuals with medical care,
40.12child care, temporary housing, and educational expenses.
40.13(b) The court may not waive payment of the minimum assessment required by
40.14this section. If the defendant qualifies for the services of a public defender or the court
40.15finds on the record that the convicted person is indigent or that immediate payment of
40.16the assessment would create undue hardship for the convicted person or that person's
40.17immediate family, the court may reduce the amount of the minimum assessment to not
40.18less than $100. The court also may authorize payment of the assessment in installments.
40.19(c) The assessment collected under paragraph (a) must be distributed as follows:
40.20(1) 40 percent of the assessment shall be forwarded to the political subdivision that
40.21employs the arresting officer for use in enforcement, training, and education activities
40.22related to combating sexual exploitation of youth, or if the arresting officer is an employee
40.23of the state, this portion shall be forwarded to the commissioner of public safety for those
40.24purposes identified in clause (3);
40.25(2) 20 percent of the assessment shall be forwarded to the prosecuting agency that
40.26handled the case for use in training and education activities relating to combating sexual
40.27exploitation activities of youth; and
40.28(3) 40 percent of the assessment must be forwarded to the commissioner of public
40.29safety to be deposited in the safe harbor for youth account in the special revenue fund
40.30and are appropriated to the commissioner for distribution to crime victims services
40.31organizations that provide services to sexually exploited youth, as defined in section
40.32260C.007, subdivision 31.
40.33(d) A safe harbor for youth account is established as a special account in the state
40.34treasury.
40.35EFFECTIVE DATE.This section is effective August 1, 2011.
41.1 Sec. 8. Minnesota Statutes 2010, section 626.558, subdivision 2a, is amended to read:
41.2 Subd. 2a.Juvenile prostitution Sexually exploited youth outreach program. A
41.3multidisciplinary child protection team may assist the local welfare agency, local law
41.4enforcement agency, or an appropriate private organization in developing a program of
41.5outreach services forjuveniles who are engaging in prostitution sexually exploited youth,
41.6including homeless, runaway, and truant youth who are at risk of sexual exploitation.
41.7For the purposes of this subdivision, at least one representative of a youth intervention
41.8program or, where this type of program is unavailable, one representative of a nonprofit
41.9agency serving youth in crisis, shall be appointed to and serve on the multidisciplinary
41.10child protection team in addition to the standing members of the team. These services may
41.11include counseling, medical care, short-term shelter, alternative living arrangements, and
41.12drop-in centers.The county may finance these services by means of the penalty assessment
41.13authorized by section
609.3241. A juvenile's receipt of intervention services under this
41.14subdivision may not be conditioned upon the juvenile providing any evidence or testimony.
41.15EFFECTIVE DATE.This section is effective August 1, 2011.
41.16 Sec. 9. SAFE HARBOR FOR SEX TRAFFICKED YOUTH; SEXUALLY
41.17EXPLOITED YOUTH; STATEWIDE VICTIM SERVICES MODEL.
41.18(a) If sufficient funding from outside sources is donated, the commissioner of public
41.19safety shall develop a statewide model as provided in this section. By June 30, 2012, the
41.20commissioner of public safety, in consultation with the commissioners of health and
41.21human services, shall develop a victim services model to address the needs of sexually
41.22exploited youth and youth at risk of sexual exploitation. The commissioner shall take into
41.23consideration the findings and recommendations as reported to the legislature on the
41.24results of the safe harbor for sexually exploited youth pilot project authorized by Laws
41.252006, chapter 282, article 13, section 4, paragraph (b). In addition, the commissioner
41.26shall seek recommendations from prosecutors, public safety officials, public health
41.27professionals, child protection workers, and service providers.
41.28(b) By January 15, 2013, the commissioner of public safety shall report to the chairs
41.29and ranking minority members of the senate and house of representatives divisions having
41.30jurisdiction over health and human services and criminal justice funding and policy on the
41.31development of the statewide model, including recommendations for additional legislation
41.32or funding for services for sexually exploited youth or youth at risk of sexual exploitation.
41.33(c) As used in this section, "sexually exploited youth" has the meaning given in
41.34section 260C.007, subdivision 31.
42.1EFFECTIVE DATE.This section is effective August 1, 2011.
42.2 Sec. 10. REPEALER.
42.3Minnesota Statutes 2010, sections 260B.141, subdivision 5; and 260C.141,
42.4subdivision 6, are repealed.
42.5EFFECTIVE DATE.This section is effective August 1, 2014.
42.8 Section 1. Minnesota Statutes 2010, section 609.321, subdivision 4, is amended to read:
42.9 Subd. 4. Patron. "Patron" means an individual whohires or offers or agrees
42.10engages in prostitution by hiring, offering to hire, or agreeing to hire another individual to
42.11engage in sexual penetration or sexual contact.
42.12EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
42.13committed on or after that date.
42.14 Sec. 2. Minnesota Statutes 2010, section 609.321, subdivision 8, is amended to read:
42.15 Subd. 8. Prostitute. "Prostitute" means an individual who engages in prostitution
42.16by being hired, offering to be hired, or agreeing to be hired by another individual to
42.17engage in sexual penetration or sexual contact.
42.18EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
42.19committed on or after that date.
42.20 Sec. 3. Minnesota Statutes 2010, section 609.321, subdivision 9, is amended to read:
42.21 Subd. 9. Prostitution. "Prostitution" meansengaging or offering or agreeing to
42.22engage for hire hiring, offering to hire, or agreeing to hire another individual to engage in
42.23sexual penetration or sexual contact, or being hired, offering to be hired, or agreeing to be
42.24hired by another individual to engage in sexual penetration or sexual contact.
42.25EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
42.26committed on or after that date.
42.27 Sec. 4. Minnesota Statutes 2010, section 609.324, subdivision 2, is amended to read:
43.1 Subd. 2. Prostitution in public place; penalty for patrons. Whoever, while acting
43.2as a patron, intentionally does any of the following while in a public place is guilty of a
43.3gross misdemeanor:
43.4(1) engages in prostitution with an individual 18 years of age or older; or
43.5(2) hiresor, offers to hire, or agrees to hire an individual 18 years of age or older to
43.6engage in sexual penetration or sexual contact.
43.7Except as otherwise provided in subdivision 4, a person who is convicted of violating this
43.8subdivisionwhile acting as a patron must, at a minimum, be sentenced to pay a fine
43.9of at least $1,500.
43.10EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
43.11committed on or after that date.
43.12 Sec. 5. Minnesota Statutes 2010, section 609.324, subdivision 3, is amended to read:
43.13 Subd. 3. General prostitution crimes; penalties for patrons. (a) Whoever, while
43.14acting as a patron, intentionally does any of the following is guilty of a misdemeanor:
43.15(1) engages in prostitution with an individual 18 years of age orabove older; or
43.16(2) hiresor, offers to hire, or agrees to hire an individual 18 years of age or above
43.17older to engage in sexual penetration or sexual contact. Except as otherwise provided in
43.18subdivision 4, a person who is convicted of violating this paragraphwhile acting as a
43.19patron must, at a minimum, be sentenced to pay a fine of at least $500.
43.20(b) Whoever violates the provisions of this subdivision within two years of a
43.21previous prostitution conviction for violating this section or section609.322 is guilty
43.22of a gross misdemeanor. Except as otherwise provided in subdivision 4, a person who
43.23is convicted of violating this paragraphwhile acting as a patron must, at a minimum,
43.24be sentenced as follows:
43.25(1) to pay a fine of at least $1,500; and
43.26(2) to serve 20 hours of community work service.
43.27The court may waive the mandatory community work service if it makes specific,
43.28written findings that the community work service is not feasible or appropriate under the
43.29circumstances of the case.
43.30EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
43.31committed on or after that date.
43.32 Sec. 6. Minnesota Statutes 2010, section 609.324, is amended by adding a subdivision
43.33to read:
44.1 Subd. 6. Prostitution in public place; penalty for prostitutes. Whoever, while
44.2acting as a prostitute, intentionally does any of the following while in a public place is
44.3guilty of a gross misdemeanor:
44.4(1) engages in prostitution with an individual 18 years of age or older; or
44.5(2) is hired, offers to be hired, or agrees to be hired by an individual 18 years of age
44.6or older to engage in sexual penetration or sexual contact.
44.7EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
44.8committed on or after that date.
44.9 Sec. 7. Minnesota Statutes 2010, section 609.324, is amended by adding a subdivision
44.10to read:
44.11 Subd. 7. General prostitution crimes; penalties for prostitutes. (a) Whoever,
44.12while acting as a prostitute, intentionally does any of the following is guilty of a
44.13misdemeanor:
44.14(1) engages in prostitution with an individual 18 years of age or older; or
44.15(2) is hired, offers to be hired, or agrees to be hired by an individual 18 years of age
44.16or older to engage in sexual penetration or sexual contact.
44.17(b) Whoever violates the provisions of this subdivision within two years of a
44.18previous prostitution conviction for violating this section or section 609.322 is guilty
44.19of a gross misdemeanor.
44.20EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
44.21committed on or after that date.
1.3health care provider visits; reauthorizing certain short-term commitments to
1.4commissioner of corrections be served in county jails; amending human rights
1.5education and program development requirements and certificates of compliance
1.6provisions; providing for indeterminate sentencing for certain convicted sex
1.7offenders; modifying frequency of in-service training in police pursuits;
1.8limiting medical aid payments in county jails; requiring a corrections reform
1.9working group; establishing the Juvenile Justice Reform Advisory Task Force;
1.10establishing the Sex Offender Policy Task Force; acquiring an easement for the
1.11correctional facility in Faribault; modifying certain provisions relating to courts
1.12and sentencing, public defenders, sexually exploited youth, and prostitution
1.13crimes; providing for a statewide victim services model for sexually exploited
1.14youth or youth at risk of sexual exploitation; requiring a study; requiring reports;
1.15providing for penalties; appropriating money for public safety, corrections,
1.16human rights, courts, civil legal services, Guardian Ad Litem Board, Uniform
1.17Laws Commission, Board On Judicial Standards, Board of Public Defense, and
1.18sentencing guidelines;amending Minnesota Statutes 2010, sections 169.79,
1.19subdivision 6; 169.797, subdivision 4; 243.212; 260B.007, subdivisions 6, 16;
1.20260C.007, subdivisions 6, 11, by adding a subdivision; 260C.331, subdivision
1.213; 297I.06, subdivision 3; 357.021, subdivision 6; 363A.06, subdivision 1;
1.22363A.36, subdivision 1; 563.01, subdivision 3; 609.105, subdivision 1, by adding
1.23subdivisions; 609.131, subdivision 1; 609.321, subdivisions 4, 8, 9; 609.324,
1.24subdivisions 2, 3, by adding subdivisions; 609.3241; 611.16; 611.17; 611.18;
1.25611.20, subdivisions 3, 4; 611.27, subdivisions 1, 5; 626.558, subdivision 2a;
1.26626.8458, subdivision 5; 641.15, subdivision 2; proposing coding for new law in
1.27Minnesota Statutes, chapter 609; repealing Minnesota Statutes 2010, sections
1.28260B.141, subdivision 5; 260C.141, subdivision 6; 363A.36, subdivision 5;
1.29611.20, subdivision 6.
1.30BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
| 1.33 |
Section 1. SUMMARY OF APPROPRIATIONS. |
||||||
2.2in this article.
| 2.15 |
Sec. 2. APPROPRIATIONS. |
||||||
2.17agencies and for the purposes specified in this article. The appropriations are from the
2.18general fund, or another named fund, and are available for the fiscal years indicated
2.19for each purpose. The figures "2012" and "2013" used in this article mean that the
2.20appropriations listed under them are available for the fiscal year ending June 30, 2012, or
2.21June 30, 2013, respectively. "The first year" is fiscal year 2012. "The second year" is fiscal
2.22year 2013. "The biennium" is fiscal years 2012 and 2013. Appropriations for the fiscal
2.23year ending June 30, 2011, are effective the day following final enactment.
| 2.24 |
APPROPRIATIONS |
||||||
| 2.25 |
Available for the Year |
||||||
| 2.26 |
Ending June 30 |
||||||
| 2.27 |
2011 |
2012 |
2013 |
||||
| 2.28 |
Sec. 3. PUBLIC SAFETY |
||||||
| 2.29 2.30 |
Subdivision 1.Total Appropriation |
$ |
1,226,000 |
$ |
153,340,000 |
$ |
150,725,000 |
3.2purpose are specified in the following
3.3subdivisions.
| 3.4 3.5 |
Subd. 2.Emergency Management |
1,226,000 |
2,525,000 |
2,525,000 |
| 3.6 |
Appropriations by Fund |
|||
| 3.7 |
General |
1,226,000 |
1,852,000 |
1,852,000 |
| 3.8 |
Special Revenue |
604,000 |
604,000 |
|
| 3.9 |
Environmental |
69,000 |
69,000 |
|
3.112011 is appropriated from the general fund to
3.12provide a state match for Federal Emergency
3.13Management Agency (FEMA) disaster
3.14assistance to state agencies and political
3.15subdivisions under Minnesota Statutes,
3.16section 12.221, in the area designated
3.17under Presidential Declaration of Major
3.18Disaster, FEMA-1830-DR, for the flooding
3.19in Minnesota in the spring of 2009, whether
3.20included in the original declaration or added
3.21later by federal government action. This is a
3.22onetime appropriation. This appropriation is
3.23available until expended.
3.24(b) Hazmat and Chemical Assessment
3.25Teams. $604,000 each year is appropriated
3.26from the fire safety account in the special
3.27revenue fund. These amounts must be used
3.28to fund the hazardous materials and chemical
3.29assessment teams.
| 3.30 3.31 |
Subd. 3.Criminal Apprehension |
41,887,000 |
41,887,000 |
| 3.32 |
Appropriations by Fund |
|||
| 3.33 |
General |
39,939,000 |
39,939,000 |
|
| 3.34 3.35 |
State Government Special Revenue |
7,000 |
7,000 |
|
| 3.36 |
Trunk Highway |
1,941,000 |
1,941,000 |
|
4.2Notwithstanding Minnesota Statutes, section
4.3
4.4is appropriated from the trunk highway fund
4.5for laboratory analysis related to driving
4.6while impaired cases.
| 4.7 |
Subd. 4.Fire Marshal |
5,757,000 |
5,757,000 |
4.9account in the special revenue fund and is for
4.10activities under Minnesota Statutes, section
4.11299F.012.
| 4.12 4.13 |
Subd. 5.Alcohol and Gambling Enforcement |
2,236,000 |
2,236,000 |
| 4.14 |
Appropriations by Fund |
|||
| 4.15 |
General |
1,583,000 |
1,583,000 |
|
| 4.16 |
Special Revenue |
653,000 |
653,000 |
|
4.18enforcement account in the special revenue
4.19fund. Of this appropriation, $500,000 each
4.20year shall be transferred to the general fund.
4.21The transfer amount for fiscal year 2014 and
4.22fiscal year 2015 shall be $500,000 per year.
| 4.23 4.24 |
Subd. 6.Office of Justice Programs |
28,387,000 |
28,387,000 |
| 4.25 |
Appropriations by Fund |
|||
| 4.26 |
General |
28,291,000 |
28,291,000 |
|
| 4.27 4.28 |
State Government Special Revenue |
96,000 |
96,000 |
|
4.30commissioner may not reduce grants to
4.31domestic abuse shelters more than 11 percent
4.32from the base.
4.33(b) Administration Costs. Up to 2.5 percent
4.34of the grant money appropriated in this
5.1subdivision may be used to administer the
5.2grant program.
| 5.3 5.4 |
Subd. 7.Emergency Communication Networks |
72,548,000 |
69,933,000 |
5.6government special revenue fund for 911
5.7emergency telecommunications services.
5.8(a) Public Safety Answering Points.
5.9$13,664,000 each year is to be distributed
5.10as provided in Minnesota Statutes, section
5.11403.113, subdivision 2.
5.12(b) Medical Resource Communication
5.13Centers. $683,000 each year is for grants
5.14to the Minnesota Emergency Medical
5.15Services Regulatory Board for the Metro
5.16East and Metro West Medical Resource
5.17Communication Centers that were in
5.18operation before January 1, 2000.
5.19(c) ARMER Debt Service. $23,261,000
5.20each year is to the commissioner of
5.21management and budget to pay debt service
5.22on revenue bonds issued under Minnesota
5.23Statutes, section 403.275.
5.24Any portion of this appropriation not needed
5.25to pay debt service in a fiscal year may be
5.26used by the commissioner of public safety to
5.27pay cash for any of the capital improvements
5.28for which bond proceeds were appropriated
5.29by Laws 2005, chapter 136, article 1, section
5.309, subdivision 8, or Laws 2007, chapter 54,
5.31article 1, section 10, subdivision 8.
5.32(d) Metropolitan Council Debt Service.
5.33$1,410,000 each year is to the commissioner
5.34of management and budget for payment to
5.35the Metropolitan Council for debt service
6.1on bonds issued under Minnesota Statutes,
6.2section 403.27.
6.3(e) ARMER State Backbone Operating
6.4Costs. $8,300,000 the first year and
6.5$8,650,000 the second year are to the
6.6commissioner of transportation for costs
6.7of maintaining and operating the statewide
6.8radio system backbone.
6.9(f) ARMER Improvements. $1,000,000
6.10each year is for the Statewide Radio Board
6.11for costs of design, construction, maintenance
6.12of, and improvements to those elements
6.13of the statewide public safety radio and
6.14communication system that support mutual
6.15aid communications and emergency medical
6.16services or provide enhancement of public
6.17safety communication interoperability.
6.18(g) Transfer. $2,600,000 each year is
6.19transferred to the general fund. This is a
6.20onetime transfer.
| 6.21 6.22 |
Sec. 4. PEACE OFFICER STANDARDS AND TRAINING (POST) BOARD |
$ |
3,770,000 |
$ |
3,770,000 |
||
6.24appropriation is from the peace officer
6.25training account in the special revenue fund.
6.26Any new receipts credited to that account in
6.27the first year in excess of $3,770,000 must be
6.28transferred and credited to the general fund.
6.29Any new receipts credited to that account in
6.30the second year in excess of $3,770,000 must
6.31be transferred and credited to the general
6.32fund.
6.33(b) Peace Officer Training
6.34Reimbursements. $2,634,000 each
7.1year is for reimbursements to local
7.2governments for peace officer training costs.
| 7.3 |
Sec. 5. PRIVATE DETECTIVE BOARD |
$ |
120,000 |
$ |
120,000 |
||
| 7.4 |
Sec. 6. HUMAN RIGHTS |
$ |
1,170,000 |
$ |
1,170,000 |
||
7.6dedicate the department's appropriation
7.7under this section to enforcement measures.
| 7.8 |
Sec. 7. DEPARTMENT OF CORRECTIONS |
||||||
| 7.9 7.10 |
Subdivision 1.Total Appropriation |
$ |
455,185,000 |
$ |
441,427,000 |
| 7.11 |
Appropriations by Fund |
|||
| 7.12 |
General |
454,295,000 |
440,537,000 |
|
| 7.13 |
Special Revenue |
890,000 |
890,000 |
|
7.15purpose are specified in the following
7.16subdivisions.
| 7.17 7.18 |
Subd. 2.Correctional Institutions |
325,759,000 |
312,001,000 |
| 7.19 |
Appropriations by Fund |
|||
| 7.20 |
General |
325,179,000 |
311,421,000 |
|
| 7.21 |
Special Revenue |
580,000 |
580,000 |
|
7.23shall realize the cuts to correctional
7.24institutions by eliminating management
7.25positions within the department's facilities,
7.26particularly duplicate positions. The
7.27commissioner may not eliminate line officer
7.28positions. The commissioner shall focus the
7.29reductions in areas that will not compromise
7.30line officer or public safety.
7.31(b) Inmate Medical Cost Savings; Report.
7.32The commissioner shall reduce the inmate
8.1medical per diem by at least five percent.
8.2By January 15, 2012, the commissioner
8.3shall submit a report to the chairs and
8.4ranking minority members of the house
8.5of representatives and senate committees
8.6with jurisdiction over public safety finance
8.7detailing how the commissioner achieved
8.8the cost savings. If the commissioner fails
8.9to realize five percent savings on inmate
8.10medical costs, the report shall contain a
8.11detailed explanation of why the savings were
8.12not realized.
8.13(c) Juvenile Facilities; Report. By
8.14December 1, 2011, the commissioner of
8.15corrections shall report to the chairs and
8.16ranking minority members of the house of
8.17representatives and senate committees with
8.18jurisdiction over public safety finance on
8.19the continued operation of the department's
8.20two juvenile facilities. In the report, the
8.21commissioner shall evaluate the cost savings
8.22to the department and state of closing one or
8.23both of the facilities. If the commissioner
8.24determines one or both of the facilities
8.25should remain open, the commissioner shall
8.26make recommendations on how to operate
8.27the facilities in the most cost-effective
8.28manner possible. If the commissioner
8.29recommends the closing of one or both of the
8.30juvenile facilities, the report shall contain
8.31recommendations for alternative placements
8.32for juvenile offenders and alternative uses
8.33for the facilities.
8.34(d) Reform Working Group; Report. (1)
8.35The commissioner of corrections shall form a
8.36working group to study the following topics:
9.1(i) adoption of an earned credit program for
9.2inmates in the state correctional facilities
9.3similar to the programs in 36 other states;
9.4(ii) the federal immigration and customs
9.5enforcement rapid REPAT program and the
9.6potential for the state to participate in the
9.7program;
9.8(iii) expanding the use of medical and other
9.9forms of early release; and
9.10(iv) the feasibility of closing a wing or an
9.11entire state facility or leasing vacant prison
9.12space to house inmates from other states.
9.13(2) The working group shall consist of
9.14corrections personnel, the state public
9.15defender, an individual representing victim
9.16services, a representative from the county
9.17attorneys association, a majority and
9.18minority member of the house Public Safety
9.19Committee and a majority and minority
9.20member of the senate Judiciary and Public
9.21Safety Committee, and any other members
9.22that the commissioner deems necessary.
9.23(3) The working group shall issue a report
9.24to the chair and ranking minority member
9.25of the house Public Safety Finance and
9.26Policy Committee and the chair and
9.27ranking minority member of the senate
9.28Judiciary and Public Safety Committee by
9.29January 15, 2012. The report must contain
9.30recommendations for each of the areas
9.31of study under paragraph (1) and specific
9.32recommendations concerning the use of
9.33earned credits for inmates that address:
9.34(i) the feasibility of an earned credit policy;
10.1(ii) the type and amount of earned credit that
10.2could be offered;
10.3(iii) the type of inmates to include and
10.4exclude from an earned credit program; and
10.5(iv) any potential cost savings that would
10.6result from issuing earned credit.
| 10.7 10.8 |
Subd. 3.Community Services |
109,082,000 |
109,082,000 |
| 10.9 |
Appropriations by Fund |
|||
| 10.10 |
General |
108,982,000 |
108,982,000 |
|
| 10.11 |
Special Revenue |
100,000 |
100,000 |
|
10.13The commissioner of corrections, in
10.14consultation with staff of the Sentencing
10.15Guidelines Commission and representatives
10.16from community corrections agencies,
10.17shall develop performance incentives for
10.18counties to reduce the number of probation
10.19revocations by at least ten percent. The
10.20commissioner is encouraged to review
10.21policies in states that have implemented
10.22performance incentive programs. The
10.23commissioner shall also examine and
10.24consider:
10.25(1) the revocation rate differences between
10.26counties;
10.27(2) granting earned compliance credits for
10.28offenders on probation;
10.29(3) recent innovations in probation services,
10.30such as the HOPE program and the
10.31Georgia model, to determine the feasibility
10.32of implementing similar programs in
10.33Minnesota;
10.34(4) limiting prison time for first time
10.35probation revocations; and
11.1(5) the impact of adopting one, unified
11.2probation and supervised release delivery
11.3system in the state.
11.4The commissioner shall submit a report to
11.5the chairs and ranking minority members
11.6of the house of representatives and senate
11.7committees with jurisdiction over public
11.8safety finance by January 15, 2012.
| 11.9 11.10 |
Subd. 4.Operations Support |
20,344,000 |
20,344,000 |
| 11.11 |
Appropriations by Fund |
|||
| 11.12 |
General |
20,134,000 |
20,134,000 |
|
| 11.13 |
Special Revenue |
210,000 |
210,000 |
|
11.15of the reductions in operations support must
11.16come from the elimination of, or reduction
11.17in benefits for, management positions. The
11.18commissioner shall focus the reductions
11.19in areas such as information technology,
11.20finance, and other areas that will not
11.21compromise line officer or public safety. The
11.22commissioner shall also work to eliminate
11.23positions that duplicate the duties of other
11.24department employees.
| 11.25 |
Subd. 5.Transfers |
11.27Statutes, section 241.27, the commissioner
11.28of management and budget shall transfer
11.29$600,000 the first year and $600,000 the
11.30second year from the Minnesota correctional
11.31industries revolving fund to the general fund.
11.32These are onetime transfers.
11.33(b) Various Special Revenue Accounts.
11.34Notwithstanding any law to the contrary,
11.35the commissioner of management and
12.1budget shall transfer $400,000 the first year
12.2and $400,000 the second year from the
12.3Department of Corrections' special revenue
12.4accounts to the general fund. These are
12.5onetime transfers. The commissioner of
12.6corrections shall adjust expenditures to stay
12.7within the remaining revenues.
| 12.8 |
Sec. 8. SUPREME COURT |
||||||
| 12.9 |
Subdivision 1.Total Appropriation |
$ |
41,274,000 |
$ |
39,575,000 |
||
12.11purpose are specified in the following
12.12subdivisions.
| 12.13 |
Subd. 2.Supreme Court Operations |
30,458,000 |
30,759,000 |
||||
12.15is for a contingent account for expenses
12.16necessary for the normal operation of the
12.17court for which no other reimbursement is
12.18provided.
12.19(b) Employee Health Care. The chief
12.20justice of the Supreme Court shall study and
12.21report to the chairs and ranking minority
12.22members of the house of representatives and
12.23senate committees with jurisdiction over
12.24judiciary finance by January 15, 2012, on
12.25the advantages and disadvantages of having
12.26judicial branch officials and employees
12.27leave the state employee group insurance
12.28program and form their own group benefit
12.29plan, including the option of shifting to a
12.30plan based on high-deductible health savings
12.31accounts.
| 12.32 |
Subd. 3.Civil Legal Services |
10,816,000 |
8,816,000 |
||||
12.34Clients in Family Law Matters. Of this
13.1appropriation, $877,000 each year is to
13.2improve the access of low-income clients to
13.3legal representation in family law matters.
13.4This appropriation must be distributed
13.5under Minnesota Statutes, section 480.242,
13.6to the qualified legal services programs
13.7described in Minnesota Statutes, section
13.8480.242, subdivision 2, paragraph (a). Any
13.9unencumbered balance remaining in the first
13.10year does not cancel and is available in the
13.11second year.
13.12(b) Limits on Services. No portion of the
13.13funds appropriated may be used to represent
13.14or serve clients: (1) in federal civil or
13.15criminal matters outside the jurisdiction of
13.16the state courts or agencies; (2) in suing a
13.17state or federal entity; and (3) in advocating
13.18at the legislature for or against current or
13.19proposed policy and law.
| 13.20 |
Sec. 9. COURT OF APPEALS |
$ |
10,106,000 |
$ |
10,228,000 |
||
| 13.21 |
Sec. 10. TRIAL COURTS |
$ |
233,347,000 |
$ |
236,966,000 |
||
| 13.22 |
Sec. 11. GUARDIAN AD LITEM BOARD |
$ |
11,988,000 |
$ |
11,988,000 |
||
13.24guardians to clients who are entitled by
13.25statute to representation prior to clients for
13.26whom the courts request guardians but who
13.27are not entitled to a guardian under statute.
| 13.28 |
Sec. 12. TAX COURT |
$ |
790,000 |
$ |
790,000 |
||
13.30judge shall hold hearings and meetings or
13.31otherwise conduct regular business on all
14.1days that executive branch agencies are open
14.2for business.
| 14.3 |
Sec. 13. UNIFORM LAWS COMMISSION |
$ |
30,000 |
$ |
30,000 |
||
14.5to pay the state's membership dues to the
14.6National Uniform Laws Commission. No
14.7portion of this appropriation may be used to
14.8fund the travel or expenses of members of
14.9the commission.
| 14.10 14.11 |
Sec. 14. BOARD ON JUDICIAL STANDARDS |
$ |
456,000 |
$ |
456,000 |
||
| 14.12 |
Sec. 15. BOARD OF PUBLIC DEFENSE |
$ |
64,726,000 |
$ |
64,726,000 |
||
14.14representation. Funds appropriated
14.15to public defense corporations shall
14.16only be used to defend clients who are
14.17constitutionally or statutorily entitled to a
14.18public defender and who meet the income
14.19eligibility standards in Minnesota Statutes,
14.20section 611.17.
| 14.21 |
Sec. 16. SENTENCING GUIDELINES |
$ |
586,000 |
$ |
586,000 |
||
| 14.22 14.23 |
Sec. 17. PROHIBITION ON USE OF APPROPRIATIONS |
||||||
14.25motor vehicles or out-of-state travel that is not directly connected with and necessary to
14.26carry out the core functions of the organizations funded in this article.
14.27 Sec. 18. SALARY FREEZE.
14.28(a) Effective July 1, 2011, a state employee funded in sections 8 to 16 may not
14.29receive a salary or wage increase. This section prohibits any increases, including but
14.30not limited to: across-the-board increases; cost-of-living adjustments; increases based
14.31on longevity; step increases; increases in the form of lump-sum payments; increases
15.1in employer contributions to deferred compensation plans; or any other pay grade
15.2adjustments of any kind. This section does not prohibit an increase in the rate of salary
15.3and wages for an employee who is promoted or transferred to a position with greater
15.4responsibilities and with a higher salary or wage rate.
15.5(b) This section expires on June 30, 2013.
15.6 Sec. 19. CAPPING MILEAGE REIMBURSEMENT.
15.7For entities funded by an appropriation in sections 8 to 16, no official or employee
15.8may be reimbursed for mileage expenses at a rate that exceeds 51 cents per mile.
15.11 Section 1. Minnesota Statutes 2010, section 243.212, is amended to read:
15.12243.212 CO-PAYMENTS FOR HEALTH SERVICES.
15.13Any inmate of an adult correctional facility under the control of the commissioner
15.14of corrections shall incur co-payment obligations for health care services provided. The
15.15co-payment shall be at least $5 per visit to a health care provider. The co-payment will be
15.16paid from the inmate account of earnings and other funds, as provided in section
15.17subdivision 3
15.18of corrections for the delivery of health care services to inmates.
15.19EFFECTIVE DATE.This section is effective July 1, 2011.
15.20 Sec. 2. Minnesota Statutes 2010, section 297I.06, subdivision 3, is amended to read:
15.21 Subd. 3. Fire safety account, annual transfers, allocation. A special account, to
15.22be known as the fire safety account, is created in the state treasury. The account consists of
15.23the proceeds under subdivisions 1 and 2. $468,000 in fiscal year 2008, $4,268,000 in fiscal
15.24year 2009, $9,268,000 in fiscal year 2010, $5,968,000 in fiscal year 2011, $6,618,000 in
15.25fiscal year 2012, $6,618,000 in fiscal year 2013, and $2,368,000 in each year thereafter is
15.26transferred from the fire safety account in the special revenue fund to the general fund
15.27to offset the loss of revenue caused by the repeal of the one-half of one percent tax on
15.28fire insurance premiums.
15.29 Sec. 3. Minnesota Statutes 2010, section 363A.06, subdivision 1, is amended to read:
15.30 Subdivision 1. Formulation of policies. (a) The commissioner shall formulate
15.31policies to effectuate the purposes of this chapter and shall do the following:
16.1 (1) exercise leadership under the direction of the governor in the development of
16.2human rights policies and programs, and make recommendations to the governor and the
16.3legislature for their consideration and implementation;
16.4 (2)
16.5
16.6
16.7
16.8commissioner may deem necessary and prescribe their duties;
16.9
16.10the Department of Employment and Economic Development of the state when necessary
16.11to effectuate the purposes of this chapter;
16.12
16.13departments and agencies;
16.14
16.15
16.16discriminatory practices, and determine whether or not probable cause exists for hearing;
16.17
16.18production for examination of any books or papers relative to any matter under
16.19investigation or in question as the commissioner deems appropriate to carry out the
16.20purposes of this chapter;
16.21
16.22eliminate unfair discriminatory practices as being contrary to the public policy of the state;
16.23
16.24
16.25
16.26
16.27each year;
16.28
16.29finance the activities of the department;
16.30
16.31commissioner's judgment aid in effectuating the purposes of the Department of Human
16.32Rights;
16.33
16.34
16.35
16.36
17.1
17.2
17.3
17.4
17.5provisions of this chapter, and to agencies and officers of governmental and private
17.6agencies;
17.7
17.8aid of the functions of the Department of Human Rights;
17.9
17.10that purpose in aid of carrying out duties and responsibilities; and
17.11
17.12regarding the investigation of violations of, and resolution of complaints regarding section
17.14conduct programs of formal and informal education designed to eliminate discrimination
17.15and further compliance with this chapter.
17.16 In performing these duties, the commissioner shall give priority to those duties in
17.17clauses (7), (8), and (9)
17.18 (b) All gifts, bequests, grants, or other payments, public and private, accepted under
17.19paragraph (a), clause
17.20special account. Money in the account is appropriated to the commissioner of human
17.21rights to help finance activities of the department.
17.22EFFECTIVE DATE.This section is effective July 1, 2011.
17.23 Sec. 4. Minnesota Statutes 2010, section 363A.36, subdivision 1, is amended to read:
17.24 Subdivision 1. Scope of application. (a) For all contracts for goods and services in
17.25excess of
17.26proposal for a contract or agreement from any business having more than
17.27employees within this state on a single working day during the previous 12 months, unless
17.28the commissioner is in receipt of the business' affirmative action plan for the employment
17.29of minority persons, women, and qualified disabled individuals. No department or agency
17.30of the state shall execute any such contract or agreement until the affirmative action plan
17.31has been approved by the commissioner. Receipt of a certificate of compliance issued by
17.32the commissioner shall signify that a firm or business has an affirmative action plan that
17.33has been approved by the commissioner. A certificate shall be valid for a period of
17.34five years. A municipality as defined in section
17.35money for any reason is encouraged to prepare and implement an affirmative action plan
18.1for the employment of minority persons, women, and the qualified disabled and submit the
18.2plan to the commissioner.
18.3 (b) This paragraph applies to a contract for goods or services in excess of
18.4$250,000 to be entered into between a department or agency of the state and a business
18.5that is not subject to paragraph (a), but that has more than
18.6a single working day during the previous 12 months in the state where the business has
18.7its primary place of business. A department or agency of the state may not execute a
18.8contract or agreement with a business covered by this paragraph unless the business has a
18.9certificate of compliance issued by the commissioner under paragraph (a) or the business
18.10certifies that it is in compliance with federal affirmative action requirements.
18.11 (c) This section does not apply to contracts entered into by the State Board of
18.12Investment for investment options under section
18.13EFFECTIVE DATE.This section is effective July 1, 2011.
18.14 Sec. 5. Minnesota Statutes 2010, section 609.105, subdivision 1, is amended to read:
18.15 Subdivision 1. Sentence to
18.16sentence to imprisonment
18.17of imprisonment is for 60 days or less, the defendant shall be committed to the custody of
18.18the commissioner of corrections and must serve the remaining term of imprisonment at a
18.19workhouse, work farm, county jail, or other place authorized by law.
18.20EFFECTIVE DATE.This section is effective July 1, 2011.
18.21 Sec. 6. Minnesota Statutes 2010, section 609.105, is amended by adding a subdivision
18.22to read:
18.23 Subd. 1c. Sentence to more than 60 days. A felony sentence to imprisonment
18.24when the warrant of commitment has a remaining term of imprisonment for more than 60
18.25days shall commit the defendant to the custody of the commissioner of corrections.
18.26EFFECTIVE DATE.This section is effective July 1, 2011.
18.27 Sec. 7. Minnesota Statutes 2010, section 609.105, is amended by adding a subdivision
18.28to read:
18.29 Subd. 4. Definitions. (a) For the purposes of this section, the terms in this
18.30subdivision have the meanings given them.
18.31(b) "Remaining term of imprisonment" as applied to inmates whose crimes were
18.32committed before August 1, 1993, is the period of time for which an inmate is committed
19.1to the custody of the commissioner of corrections minus earned good time and jail credit,
19.2if any.
19.3(c) "Remaining term of imprisonment" as applied to inmates whose crimes were
19.4committed on or after August 1, 1993, is the period of time equal to two-thirds of the
19.5inmate's executed sentence, minus jail credit, if any.
19.6EFFECTIVE DATE.This section is effective July 1, 2011.
19.7 Sec. 8. [609.3458] INDETERMINATE SENTENCE FOR PREDATORY SEX
19.8OFFENDERS.
19.9 Subdivision 1. Definitions. As used in this section:
19.10(1) "sex offense" means a violation of section 609.342, 609.343, 609.344, or 609.345;
19.11(2) "predatory sex offender" means a person who:
19.12(i) is unable to control the person's sexual impulses;
19.13(ii) is dangerous to other persons; and
19.14(iii) has a pattern of harmful sexual conduct; and
19.15(3) "harmful sexual conduct" means sexual conduct that creates a substantial
19.16likelihood of serious physical or emotional harm to another.
19.17 Subd. 2. Applicability. A prosecuting attorney may charge a person under this
19.18section when probable cause exists that the person:
19.19(1) committed a sex offense; and
19.20(2) is a predatory sex offender.
19.21 Subd. 3. Procedures. A person subject to prosecution under this section shall have
19.22a bifurcated trial. The first phase of the trial shall determine the person's guilt on the sex
19.23offense charge. If the person is found guilty of the sex offense, the second phase of the
19.24trial shall determine whether the person is a predatory sex offender. In both phases of the
19.25trial, the burden of proof is on the state and the standard of proof is beyond a reasonable
19.26doubt. A person charged under this section has all of the rights of a criminal defendant in
19.27both phases of the trial.
19.28 Subd. 4. Indeterminate sentence; minimum and maximum term specified. (a) A
19.29person convicted of a sex offense who has been found by the fact finder to be a predatory
19.30sex offender shall be committed to the custody of the commissioner of corrections for the
19.31term required by paragraph (b).
19.32(b) The minimum sentence of incarceration for offenders sentenced under paragraph
19.33(a) shall be twice the presumptive sentence under the sentencing guidelines for a person
19.34with the offender's criminal history. When the sentencing guidelines presume a stayed
19.35sentence for the sex offense, the court shall specify a minimum sentence. Notwithstanding
20.1any law to the contrary and the statutory maximum sentence for the offense, the maximum
20.2sentence is 60 years.
20.3(c) A person sentenced under this section and subsequently released shall be placed
20.4on conditional release as provided for in subdivision 9.
20.5(d) Notwithstanding section 609.135, the court may not stay the imposition or
20.6execution of the sentence required by this subdivision. An offender committed to the
20.7custody of the commissioner of corrections under this section may not be released from
20.8incarceration except as provided in this section and section 244.05, subdivision 8.
20.9 Subd. 5. Sentence of persons not found to be predatory sex offenders. If the
20.10person is convicted of the sex offense but is not determined to be a predatory sex offender,
20.11the court shall sentence the offender as otherwise provided by law.
20.12 Subd. 6. Release authority. The commissioner of corrections, under rules adopted
20.13by the commissioner, may grant supervised release to offenders sentenced under this
20.14section.
20.15 Subd. 7. Petition for release, hearing. (a) A person who has served the minimum
20.16period of incarceration to which the person was sentenced may petition the commissioner
20.17of corrections for release. The commissioner shall hold a hearing on each petition
20.18for release prior to making any determination. Within 45 days of the hearing, the
20.19commissioner shall give written notice of the time and place of the hearing to all interested
20.20parties, including the petitioner, the sentencing court, the county attorney's office that
20.21prosecuted the case, and any victims of the crime who requested notification. The hearing
20.22must be held on the record. Upon the approval of the commissioner, the petitioner may
20.23subpoena witnesses to appear at the hearing.
20.24(b) If the commissioner determines the person satisfies the criteria for conditional
20.25release, the commissioner shall release the person from incarceration no later than 14
20.26days after making a determination.
20.27(c) If the commissioner rejects the person's petition for release, the commissioner
20.28must specify in writing the reasons for the rejection. The person may not petition for
20.29release again until 24 months have elapsed since the rejection, unless the commissioner
20.30specifies a shorter time period.
20.31 Subd. 8. Criteria for release. (a) A person sentenced under this section shall not
20.32be released from incarceration unless it appears to the satisfaction of the commissioner
20.33that the person:
20.34(1) no longer poses a threat to the public;
20.35(2) is no longer in need of programming in a secure facility; and
20.36(3) is capable of reintegration with the general public.
21.1(b) The person seeking release has the burden of showing, by clear and convincing
21.2evidence, that the criteria in paragraph (a) have been met.
21.3 Subd. 9. Conditional release. (a) A person sentenced under this section shall serve,
21.4upon release from incarceration, a conditional release term. The conditional release term
21.5shall be the 60-year maximum term under this section less the amount of time actually
21.6served, but the term cannot be less than ten years.
21.7(b) The commissioner of corrections shall establish the conditions of release for a
21.8person granted conditional release.
21.9(c) The county attorney in the county where the conviction occurred, the person's
21.10conditional release agent, or any other interested party may file a petition with the court
21.11alleging that the person failed to satisfy any condition of release. If the court determines
21.12that a person has violated a condition of release, the court may order an appropriate
21.13sanction, including, but not limited to, incarcerating the person for a period specified by
21.14the court in a local or state correctional facility. The period may be of any duration up to
21.15the remainder of time left in the person's conditional release term.
21.16EFFECTIVE DATE.This section is effective July 1, 2013, and applies to crimes
21.17committed on or after that date.
21.18 Sec. 9. Minnesota Statutes 2010, section 626.8458, subdivision 5, is amended to read:
21.19 Subd. 5. In-service training in police pursuits required. The chief law
21.20enforcement officer of every state and local law enforcement agency shall provide
21.21in-service training in emergency vehicle operations and in the conduct of police pursuits
21.22to every peace officer and part-time peace officer employed by the agency who the
21.23chief law enforcement officer determines may be involved in a police pursuit given the
21.24officer's responsibilities. The training shall comply with learning objectives developed
21.25and approved by the board and shall consist of at least eight hours of classroom and
21.26skills-based training every
21.27 Sec. 10. Minnesota Statutes 2010, section 641.15, subdivision 2, is amended to read:
21.28 Subd. 2. Medical aid. Except as provided in section
21.29shall pay the costs of medical services provided to prisoners pursuant to this section.
21.30The amount paid by the
21.31maximum allowed medical assistance payment rate for the service, as determined by
21.32the commissioner of human services.
21.33or medical insurance or health plan that has a contractual obligation with the provider or
21.34the prisoner, medical providers shall charge no higher than the rate negotiated between
22.1the county and the provider. In the absence of an agreement between the county and the
22.2provider, the provider may not charge
22.3
22.4
22.5maximum allowed medical assistance payment rate for the service, as determined by
22.6the commissioner of human services. The county is entitled to reimbursement from the
22.7prisoner for payment of medical bills to the extent that the prisoner to whom the medical
22.8aid was provided has the ability to pay the bills. The prisoner shall, at a minimum, incur
22.9co-payment obligations for health care services provided by a county correctional facility.
22.10The county board shall determine the co-payment amount. Notwithstanding any law to the
22.11contrary, the co-payment shall be deducted from any of the prisoner's funds held by the
22.12county, to the extent possible. If there is a disagreement between the county and a prisoner
22.13concerning the prisoner's ability to pay, the court with jurisdiction over the defendant shall
22.14determine the extent, if any, of the prisoner's ability to pay for the medical services. If
22.15a prisoner is covered by health or medical insurance or other health plan when medical
22.16services are provided, the medical provider shall bill that health or medical insurance or
22.17other plan. If the county providing the medical services for a prisoner that has coverage
22.18under health or medical insurance or other plan, that county has a right of subrogation to
22.19be reimbursed by the insurance carrier for all sums spent by it for medical services to the
22.20prisoner that are covered by the policy of insurance or health plan, in accordance with the
22.21benefits, limitations, exclusions, provider restrictions, and other provisions of the policy or
22.22health plan. The county may maintain an action to enforce this subrogation right. The
22.23county does not have a right of subrogation against the medical assistance program or the
22.24general assistance medical care program.
22.25EFFECTIVE DATE.This section is effective July 1, 2011.
22.26 Sec. 11. JUVENILE JUSTICE REFORM ADVISORY TASK FORCE.
22.27 Subdivision 1. Creation; duties. (a) A task force is established to study, evaluate,
22.28and analyze issues related to juvenile justice reform. At a minimum, the task force shall
22.29examine the following issues and assess whether and how a change to law, rule, or practice
22.30would best serve public safety, address the needs of juvenile offenders, and promote
22.31cost-efficiency or cost-savings in the juvenile justice system:
22.32(1) the purpose and intent of the delinquency and child protection provisions of
22.33the Juvenile Court Act;
22.34(2) the age at which a juvenile who is alleged of committing a felony may be
22.35certified as an adult or prosecuted as an extended jurisdiction juvenile;
23.1(3) the minimum age at which a juvenile may be prosecuted for committing a
23.2delinquent act or a petty juvenile offense;
23.3(4) the age at which the juvenile court's jurisdiction over the following individuals
23.4should terminate: delinquent children, juvenile petty offenders, and extended jurisdiction
23.5juveniles;
23.6(5) laws relating to juvenile records, including data classifications, retention periods,
23.7expungement provisions, effect on future juvenile and adult sentencing, and restrictions on
23.8the release of records by different agencies and the courts;
23.9(6) laws which prevent youth involved with the CHIPs, juvenile justice, or adult
23.10court systems from later being employed in various jobs;
23.11(7) laws relating to continuances and stays of adjudication in juvenile delinquency
23.12cases, including length of continuance or stay, extensions, collateral consequences, and
23.13disposition of such cases; and
23.14(8) laws relating to diversion in juvenile cases, including eligibility, program
23.15components, and diversion alternatives.
23.16(b) In addition, the task force shall:
23.17(1) identify the types of dispositions, including treatment and counseling, that
23.18have been most and least successful in reforming and treating juvenile offenders and in
23.19deterring juvenile offenders from committing specific crimes; and
23.20(2) identify the types of dispositions, including treatment and counseling, that have
23.21been the most and least cost-effective in reforming, treating, and deterring juvenile
23.22offenders.
23.23(c) In its evaluation and analysis, the task force shall consider approaches taken
23.24by other states in these areas and may examine other issues that the task force or
23.25commissioner of corrections finds relevant.
23.26 Subd. 2. Membership. The task force consists of the following members:
23.27(1) the commissioner of corrections, or the commissioner's designee;
23.28(2) the commissioner of public safety, or the commissioner's designee;
23.29(3) the commissioner of human services, or the commissioner's designee;
23.30(4) the chairs and ranking minority members of the house of representatives and
23.31senate committees having jurisdiction over criminal justice policy, or their designees;
23.32(5) a county attorney selected by the Minnesota County Attorneys Association;
23.33(6) a representative from the Board of Public Defense, selected by that board;
23.34(7) a representative of the Minnesota Chiefs of Police Association;
23.35(8) a representative of the Minnesota Sheriffs Association;
23.36(9) a juvenile probation officer selected by the commissioner of corrections;
24.1(10) a member of the Juvenile Justice Advisory Committee, selected by that
24.2committee;
24.3(11) a member of the Juvenile Justice Coalition, selected by that coalition; and
24.4(12) a law professor who is knowledgeable in juvenile justice issues, selected by
24.5the commissioner of corrections.
24.6 Subd. 3. Meetings. The commissioner of corrections, or the commissioner's
24.7designee, shall convene the initial meeting of the task force. The members of the task
24.8force must elect a chair or co-chairs at the initial meeting. The task force shall meet
24.9sufficiently enough to accomplish the tasks identified in this section.
24.10 Subd. 4. Terms; compensation; removal; vacancies. The expiration, membership
24.11terms, removal of members, and filling of vacancies on the task force shall be as provided
24.12in Minnesota Statutes, section 15.059. Members shall serve without compensation and
24.13expense reimbursement. The task force expires June 30, 2012.
24.14 Subd. 5. Report. By January 15, 2012, the task force shall submit its report,
24.15including any proposed legislative changes, to the chairs and ranking minority members
24.16of the house of representatives and senate committees with jurisdiction over criminal
24.17justice policy and funding.
24.18EFFECTIVE DATE.This section is effective the day following final enactment.
24.19 Sec. 12. SEX OFFENDER POLICY TASK FORCE.
24.20 Subdivision 1. Creation; duties. (a) A task force is established to study, evaluate,
24.21and analyze issues related to sex offenders. At a minimum, the task force shall examine
24.22and make recommendations on the following issues:
24.23(1) sex offender sentencing, including expanded use of indeterminate sentencing
24.24and implementation of section 8;
24.25(2) sex offender treatment, both in prison and in the community;
24.26(3) sex offender civil commitment, including less costly alternatives;
24.27(4) the effectiveness in cost and outcomes of the Minnesota sex offender program;
24.28(5) best practices for supervising sex offenders such as intensive supervised release,
24.29specialized caseloads, and other innovative methods; ideal caseload sizes for supervising
24.30agents; and methods to implement this in a manner that does not negatively impact the
24.31supervision of other types of offenders;
24.32(6) sex offender community notification and registration, including the effectiveness
24.33of posting offender information on the Internet; and
24.34(7) any other issues related to sex offender management and treatment that the task
24.35force deems appropriate.
25.1(b) In its evaluation and analysis, the task force shall consider approaches taken by
25.2other states in the areas in paragraph (a).
25.3 Subd. 2. Membership. The task force consists of the following members:
25.4(1) the commissioner of public safety, or the commissioner's designee;
25.5(2) the commissioner of corrections, or the commissioner's designee;
25.6(3) the commissioner of human services, or the commissioner's designee;
25.7(4) the chairs and ranking minority members of the house of representatives and
25.8senate committees having jurisdiction over public safety finance and human services
25.9finance, or their designees;
25.10(5) a county attorney, selected by the Minnesota County Attorneys Association;
25.11(6) one representative from the Board of Public Defense, selected by that board;
25.12(7) a representative of the Minnesota Chiefs of Police Association;
25.13(8) a representative of the Minnesota Sheriffs Association;
25.14(9) a probation officer, selected by the commissioner of corrections; and
25.15(10) a sex offender treatment provider who is privately employed, selected by the
25.16commissioner of human services.
25.17 Subd. 3. Meetings. The commissioner of public safety, or the commissioner's
25.18designee, shall convene the initial meeting of the task force and serve as the chair. The
25.19task force shall meet sufficiently enough to accomplish the tasks identified in this section.
25.20 Subd. 4. Terms; compensation; removal; vacancies. The expiration, membership
25.21terms, removal of members, and filling of vacancies on the task force shall be as provided
25.22in Minnesota Statutes, section 15.059. Members shall serve without compensation and
25.23expense reimbursement. The task force expires June 30, 2012.
25.24 Subd. 5. Report. By January 15, 2012, the task force shall submit its report,
25.25including any proposed legislative changes, to the chairs and ranking minority members of
25.26the house of representatives and senate committees with jurisdiction over public safety
25.27policy and finance and human services policy and finance.
25.28EFFECTIVE DATE.This section is effective the day following final enactment.
25.29 Sec. 13. ACQUISITION OF EASEMENT; MINNESOTA CORRECTIONAL
25.30FACILITY IN FARIBAULT.
25.31Notwithstanding Minnesota Statutes, section 16B.31, subdivision 5, the
25.32commissioner of administration may acquire an easement for utility and access purposes to
25.33serve the Minnesota correctional facility in the city of Faribault by any of the acquisition
25.34methods permitted by that subdivision even in the absence of a specific appropriation to
25.35the commissioner to acquire the easement.
26.1 Sec. 14. REPEALER.
26.2Minnesota Statutes 2010, section 363A.36, subdivision 5, is repealed.
26.3EFFECTIVE DATE.This section is effective July 1, 2011.
26.6 Section 1. Minnesota Statutes 2010, section 169.79, subdivision 6, is amended to read:
26.7 Subd. 6. Other motor vehicles. If the motor vehicle is any kind of motor vehicle
26.8other than those provided for in subdivisions 2 to 4,
26.9
26.10at the back. The two plates must either be mounted on the front and rear bumpers of
26.11the vehicle or on the front and back of the vehicle exterior in places designed to hold a
26.12license plate.
26.13 Sec. 2. Minnesota Statutes 2010, section 169.797, subdivision 4, is amended to read:
26.14 Subd. 4. Penalty. (a) A person who violates this section is guilty of a misdemeanor.
26.15A person is guilty of a gross misdemeanor who violates this section within ten years
26.16of the first of two prior convictions under this section, section
26.17ordinance in conformity with one of those sections. The operator of a vehicle who violates
26.18subdivision 3 and who causes or contributes to causing a vehicle accident that results in
26.19the death of any person or in substantial bodily harm to any person, as defined in section
26.21who is responsible for prosecuting misdemeanor violations of this section is responsible
26.22for prosecuting gross misdemeanor violations of this section. In addition to any sentence
26.23of imprisonment that the court may impose on a person convicted of violating this section,
26.24the court shall impose a fine of not less than $200 nor more than the maximum amount
26.25authorized by law. The court may allow community service in lieu of any fine imposed if
26.26the defendant is indigent.
26.27(b) A driver who is the owner of the vehicle may, no later than the date and time
26.28specified in the citation for the driver's first court appearance, produce proof of insurance
26.29stating that security had been provided for the vehicle that was being operated at the time
26.30of demand to the court administrator. The required proof of insurance may be sent by mail
26.31by the driver as long as it is received no later than the date and time specified in the
26.32citation for the driver's first court appearance. If a citation is issued, no person shall be
26.33convicted of violating this section if the court administrator receives the required proof of
27.1insurance no later than the date and time specified in the citation for the driver's first court
27.2appearance. If the charge is made other than by citation, no person shall be convicted of
27.3violating this section if the person presents the required proof of insurance at the person's
27.4first court appearance after the charge is made.
27.5(c) If the driver is not the owner of the vehicle, the driver shall, no later than the
27.6date and time specified in the citation for the driver's first court appearance, provide the
27.7district court administrator with proof of insurance or the name and address of the owner.
27.8Upon receipt of the name and address of the owner, the district court administrator shall
27.9communicate the information to the law enforcement agency.
27.10(d) If the driver is not the owner of the vehicle, the officer may send or provide a
27.11notice to the owner of the vehicle requiring the owner to produce proof of insurance for
27.12the vehicle that was being operated at the time of the demand. Notice by mail is presumed
27.13to be received five days after mailing and shall be sent to the owner's current address or the
27.14address listed on the owner's driver's license. Within ten days after receipt of the notice,
27.15the owner shall produce the required proof of insurance to the place stated in the notice
27.16received by the owner. The required proof of insurance may be sent by mail by the owner
27.17as long as it is received within ten days. Any owner who fails to produce proof of insurance
27.18within ten days of an officer's request under this subdivision is guilty of a misdemeanor.
27.19The peace officer may mail the citation to the owner's current address or address stated
27.20on the owner's driver's license. It is an affirmative defense to a charge against the owner
27.21that the driver used the owner's vehicle without consent, if insurance would not have been
27.22required in the absence of the unauthorized use by the driver. It is not a defense that a
27.23person failed to notify the Department of Public Safety of a change of name or address as
27.24required under section 171.11. The citation may be sent after the ten-day period.
27.25
27.26single course of conduct as permitted in section
27.27
27.28under this section shall be revoked for not more than 12 months. If the operator is also an
27.29owner of the vehicle, the registration of the vehicle shall also be revoked for not more
27.30than 12 months. Before reinstatement of a driver's license or registration, the operator
27.31shall file with the commissioner of public safety the written certificate of an insurance
27.32carrier authorized to do business in this state stating that security has been provided by the
27.33operator as required by section
27.34
27.35section on all forms for registration of vehicles required to maintain a plan of reparation
27.36security.
28.1 Sec. 3. Minnesota Statutes 2010, section 260C.331, subdivision 3, is amended to read:
28.2 Subd. 3. Court expenses. The following expenses are a charge upon the county
28.3in which proceedings are held upon certification of the judge of juvenile court or upon
28.4such other authorization provided by law:
28.5(1) the fees and mileage of witnesses, and the expenses and mileage of officers
28.6serving notices and subpoenas ordered by the court, as prescribed by law;
28.7(2) the expense of transporting a child to a place designated by a child-placing agency
28.8for the care of the child if the court transfers legal custody to a child-placing agency;
28.9(3) the expense of transporting a minor to a place designated by the court;
28.10(4) reasonable compensation for an attorney appointed by the court to serve as
28.11counsel.
28.12The State Guardian Ad Litem Board shall pay for guardian ad litem expenses
28.13and reasonable compensation for an attorney to serve as counsel for a guardian ad
28.14litem, if necessary. In no event may the court order that guardian ad litem expenses or
28.15compensation for an attorney serving as counsel for a guardian ad litem be charged to
28.16a county.
28.17 Sec. 4. Minnesota Statutes 2010, section 357.021, subdivision 6, is amended to read:
28.18 Subd. 6. Surcharges on criminal and traffic offenders. (a) Except as provided
28.19in this paragraph, the court shall impose and the court administrator shall collect a $75
28.20surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or
28.21petty misdemeanor offense, other than a violation of a law or ordinance relating to vehicle
28.22parking, for which there shall be a $12 surcharge. When a defendant is convicted of more
28.23than one offense in a case, the surcharge shall be imposed only once in that case. In the
28.24Second Judicial District, the court shall impose, and the court administrator shall collect,
28.25an additional $1 surcharge on every person convicted of any felony, gross misdemeanor,
28.26misdemeanor, or petty misdemeanor offense, including a violation of a law or ordinance
28.27relating to vehicle parking, if the Ramsey County Board of Commissioners authorizes the
28.28$1 surcharge. The surcharge shall be imposed whether or not the person is sentenced to
28.29imprisonment or the sentence is stayed. The surcharge shall not be imposed when a person
28.30is convicted of a petty misdemeanor for which no fine is imposed.
28.31 (b) If the court fails to impose a surcharge as required by this subdivision, the court
28.32administrator shall show the imposition of the surcharge, collect the surcharge, and
28.33correct the record.
28.34 (c) The court may not waive payment of the surcharge required under this
28.35subdivision. Upon a showing of indigency or undue hardship upon the convicted person
29.1or the convicted person's immediate family, the sentencing court may authorize payment
29.2of the surcharge in installments.
29.3 (d) The court administrator or other entity collecting a surcharge shall forward it to
29.4the commissioner of management and budget.
29.5 (e) If the convicted person is sentenced to imprisonment and has not paid the
29.6surcharge before the term of imprisonment begins, the chief executive officer of the
29.7correctional facility in which the convicted person is incarcerated shall collect the
29.8surcharge from any earnings the inmate accrues from work performed in the facility
29.9or while on conditional release. The chief executive officer shall forward the amount
29.10collected to the court administrator or other entity collecting the surcharge imposed by
29.11the court.
29.12(f) A person who
29.13a diversion program, continuance without prosecution, continuance for dismissal, or
29.14stay of adjudication for a violation of chapter 169 must pay the surcharge described in
29.15this subdivision. A surcharge imposed under this paragraph shall be imposed only once
29.16per case.
29.17(g) The surcharge does not apply to administrative citations issued pursuant to
29.18section
29.19 Sec. 5. Minnesota Statutes 2010, section 563.01, subdivision 3, is amended to read:
29.20 Subd. 3. Authorization of forma pauperis. (a) Any court of the state of Minnesota
29.21or any political subdivision thereof may authorize the commencement or defense of any
29.22civil action, or appeal therein, without prepayment of fees, costs and security for costs by
29.23a natural person who makes affidavit stating (a) the nature of the action, defense or appeal,
29.24(b) a belief that affiant is entitled to redress, and (c) that affiant is financially unable to
29.25pay the fees, costs and security for costs.
29.26(b) Upon a finding by the court that the action is not of a frivolous nature, the court
29.27shall allow the person to proceed in forma pauperis if the affidavit is substantially in the
29.28language required by this subdivision and is not found by the court to be untrue. Persons
29.29meeting the requirements of this subdivision include, but are not limited to, a person who
29.30is receiving public assistance, who is represented by an attorney on behalf of a civil legal
29.31services program or a volunteer attorney program based on indigency, or who has an
29.32annual income not greater than 125 percent of the poverty line established under United
29.33States Code, title 42, section 9902(2), except as otherwise provided by section
30.1(c) If, at or following commencement of the action, the party is or becomes able
30.2to pay a portion of the fees, costs, and security for costs, the court may order any of
30.3the following:
30.4(1) payment of a fee of not less than $75;
30.5(2) partial payment of fees, costs, and security for costs; or
30.6(3) reimbursement of all or a portion of fees, costs, and security for costs paid in
30.7monthly payments as directed by the court.
30.8The court administrator shall transmit any fees or payments to the commissioner of
30.9management and budget for deposit in the state treasury and credit them to the general
30.10fund.
30.11EFFECTIVE DATE.This section is effective July 1, 2011.
30.14 Section 1. Minnesota Statutes 2010, section 609.131, subdivision 1, is amended to read:
30.15 Subdivision 1. General rule. Except as provided in subdivision 2, an alleged
30.16misdemeanor violation must be treated as a petty misdemeanor if the prosecuting attorney
30.17believes that it is in the interest of justice that the defendant not be imprisoned if convicted
30.18and certifies that belief to the court at or before the time of arraignment or pretrial hearing,
30.19and the court approves of the certification motion. Prior to the appointment of a public
30.20defender to represent a defendant charged with a misdemeanor, the court shall inquire of
30.21the prosecutor whether the prosecutor intends to certify the case as a petty misdemeanor.
30.22The defendant's consent to the certification is not required. When an offense is certified
30.23as a petty misdemeanor under this section, the
30.24
30.25eligible for the appointment of a public defender.
30.26 Sec. 2. Minnesota Statutes 2010, section 611.16, is amended to read:
30.27611.16 REQUEST FOR APPOINTMENT OF PUBLIC DEFENDER.
30.28Any person described in section
30.29
30.30or the court in which the conviction occurred, to appoint a public defender to represent the
30.31person. In a proceeding defined by
30.32the appointment of a public defender may also be made to a judge of the Supreme Court.
31.1 Sec. 3. Minnesota Statutes 2010, section 611.17, is amended to read:
31.2611.17 FINANCIAL INQUIRY; STATEMENTS; CO-PAYMENT;
31.3STANDARDS FOR DISTRICT PUBLIC DEFENSE ELIGIBILITY.
31.4 (a) Each judicial district must screen requests for representation by the district public
31.5defender. A defendant is financially unable to obtain counsel if:
31.6 (1) the defendant
31.7
31.8with a misdemeanor and has an annual household income not greater than 125 percent of
31.9the poverty guidelines updated periodically in the Federal Register by the United States
31.10Department of Health and Human Services under the authority of United States Code,
31.11title 42, section 9902(2);
31.12(2) the defendant is charged with a gross misdemeanor and has an annual household
31.13income not greater than 150 percent of the poverty guidelines updated periodically in the
31.14Federal Register by the United States Department of Health and Human Services under
31.15the authority of United States Code, title 42, section 9902(2);
31.16(3) the defendant is charged with a felony and has an annual household income not
31.17greater than 175 percent of the poverty guidelines updated periodically in the Federal
31.18Register by the United States Department of Health and Human Services under the
31.19authority of United States Code, title 42, section 9902(2); or
31.20
31.21assets and current income, would be unable to pay the reasonable costs charged by private
31.22counsel in that judicial district for a defense of the same matter.
31.23 (b) Upon a request for the appointment of counsel, the court shall make an
31.24appropriate
31.25paragraph (a) of the applicant, who shall submit a financial statement under oath or
31.26affirmation setting forth the applicant's assets and liabilities, including the value of any
31.27real property owned by the applicant, whether homestead or otherwise, less the amount of
31.28any encumbrances on the real property, the source or sources of income, and any other
31.29information required by the court. The applicant shall be under a continuing duty while
31.30represented by a public defender to disclose any changes in the applicant's financial
31.31circumstances
31.32The state public defender shall furnish appropriate forms for the financial statements,
31.33which must be used by the district courts throughout the state. The forms must contain
31.34conspicuous notice of the applicant's continuing duty to disclose to the court changes in
31.35the applicant's financial circumstances. The forms must also contain conspicuous notice
31.36of the applicant's obligation to make a co-payment for the services of the district public
32.1defender, as specified under paragraph (c). The information contained in the statement
32.2shall be confidential and for the exclusive use of the court and the public defender
32.3
32.4section
32.5constitutes a waiver of the right to the appointment of a public defender. The court shall
32.6not appoint a district public defender to a defendant who is financially able to retain
32.7private counsel but refuses to do so.
32.8 An inquiry to determine financial eligibility of a defendant for the appointment of
32.9the district public defender shall be made whenever possible prior to the court appearance
32.10and by such persons as the court may direct. This inquiry may be combined with the
32.11prerelease investigation provided for in Minnesota Rule of Criminal Procedure 6.02,
32.12subdivision 3.
32.13
32.14
32.15 (1) the liquidity of real estate assets, including the defendant's homestead;
32.16 (2) any assets that can be readily converted to cash or used to secure a debt;
32.17 (3) the determination of whether the transfer of an asset is voidable as a fraudulent
32.18conveyance; and
32.19 (4) the value of all property transfers occurring on or after the date of the alleged
32.20offense. The burden is on the accused to show that the accused is financially unable
32.21to afford counsel. Defendants who fail to provide information necessary to determine
32.22eligibility shall be deemed ineligible. The court must not appoint the district public
32.23defender as advisory counsel.
32.24 (c) Upon disposition of the case, an individual who has received public defender
32.25services shall pay to the court a $75 co-payment for representation provided by a public
32.26defender, unless the co-payment is, or has been, reduced in part or waived by the court.
32.27 The co-payment must be credited to the general fund. If a term of probation is
32.28imposed as a part of an offender's sentence, the co-payment required by this section must
32.29not be made a condition of probation. The co-payment required by this section is a civil
32.30obligation and must not be made a condition of a criminal sentence.
32.31(d) The court shall not appoint a public defender to a defendant who is financially
32.32able to retain counsel but refuses to do so, refuses to execute the financial statement or
32.33refuses to provide information necessary to determine financial eligibility under this
32.34section, or waives appointment of a public defender under section 611.19.
33.1 Sec. 4. Minnesota Statutes 2010, section 611.18, is amended to read:
33.2611.18 APPOINTMENT OF PUBLIC DEFENDER.
33.3If it appears to a court that a person requesting the appointment of counsel satisfies
33.4the requirements of this chapter, the court shall order the
33.5represent the person
33.6person appealing from a conviction, or a person pursuing a postconviction proceeding
33.7and who has not already had a direct appeal of the conviction, according to the standards
33.8of sections
33.9
33.11represent that person.
33.12
33.13
33.14
33.15
33.16
33.17whom the defendant had retained, the court may appoint the
33.18to represent the defendant, as provided in this section. Prior to any court appearance, a
33.19public defender may represent a person accused of violating the law, who appears to be
33.20financially unable to obtain counsel
33.21
33.22representation may be made available at the discretion of the public defender
33.23
33.24
33.25 Sec. 5. Minnesota Statutes 2010, section 611.20, subdivision 3, is amended to read:
33.26 Subd. 3. Reimbursement. In each fiscal year, the commissioner of management
33.27and budget shall deposit the payments in the special revenue fund and credit them to a
33.28separate account with the Board of Public Defense. The amount credited to this account is
33.29appropriated to the Board of Public Defense.
33.30The balance of this account does not cancel but is available until expended.
33.31Expenditures by the board from this account for each judicial district public defense office
33.32must be based on the amount of the payments received by the state from the courts in
33.33each judicial district.
33.34
33.35
34.1the Board of Public Defense shall report to the chairs and ranking minority members of
34.2the senate and house of representatives divisions having jurisdiction over criminal justice
34.3funding on the amount appropriated under this subdivision, the number of cases handled
34.4by each district public defender's office, the number of cases in which reimbursements
34.5were ordered, and the average amount of reimbursement ordered
34.6
34.7EFFECTIVE DATE.This section is effective July 1, 2011.
34.8 Sec. 6. Minnesota Statutes 2010, section 611.20, subdivision 4, is amended to read:
34.9 Subd. 4. Employed defendants; ability to pay. (a) A court shall order a defendant
34.10who is employed when a public defender is appointed, or who becomes employed while
34.11represented by a public defender, or who is or becomes able to make partial payments
34.12for counsel, to reimburse the state for the cost of the public defender. If reimbursement
34.13is required under this subdivision, the court shall order the reimbursement when a
34.14public defender is first appointed or as soon as possible after the court determines that
34.15reimbursement is required. The court may accept partial reimbursement from the
34.16defendant if the defendant's financial circumstances warrant a reduced reimbursement
34.17schedule.
34.18
34.19the court may order the defendant's employer to withhold a percentage of the defendant's
34.20income to be turned over to the court.
34.21
34.22the income and assets of the defendant based on the financial statement provided by the
34.23defendant when applying for the public defender under section 611.17.
34.24(b) If a court determines under section 611.17 that a defendant is financially unable to
34.25pay the reasonable costs charged by private counsel due to the cost of a private retainer fee,
34.26the court shall evaluate the defendant's ability to make partial payments or reimbursement.
34.27 Sec. 7. Minnesota Statutes 2010, section 611.27, subdivision 1, is amended to read:
34.28 Subdivision 1.
34.29(a) A chief district public defender shall annually submit a comprehensive budget to
34.30the state Board of Public Defense. The budget shall be in compliance with standards
34.31and forms required by the board. The chief district public defender shall, at times and
34.32in the form required by the board, submit reports to the board concerning its operations,
34.33including the number of cases handled and funds expended for these services.
35.1(b) Money appropriated to the state Board of Public Defense for the board's
35.2administration, for the state public defender, for the judicial district public defenders,
35.3and for the public defense corporations shall be expended as determined by the board.
35.4In distributing funds to district public defenders, the board shall consider the geographic
35.5distribution of public defenders, the equity of compensation among the judicial districts,
35.6public defender case loads, and the results of the weighted case load study.
35.7 Sec. 8. Minnesota Statutes 2010, section 611.27, subdivision 5, is amended to read:
35.8 Subd. 5. District public defender budgets and county payment responsibility.
35.9The board of public defense
35.10for the district public defender
35.11
35.12
35.13
35.14
35.15its obligations under this chapter. Except as provided in section 611.26, subdivision 3a,
35.16counties shall not pay and no court shall order any county to pay for representation of
35.17individuals charged with a crime.
35.18 Sec. 9. REPEALER.
35.19Minnesota Statutes 2010, section 611.20, subdivision 6, is repealed.
35.22 Section 1. Minnesota Statutes 2010, section 260B.007, subdivision 6, is amended to
35.23read:
35.24 Subd. 6. Delinquent child. (a) Except as otherwise provided in
35.25paragraphs (b) and (c), "delinquent child" means a child:
35.26(1) who has violated any state or local law, except as provided in section
35.27subdivision 1
35.28(2) who has violated a federal law or a law of another state and whose case has been
35.29referred to the juvenile court if the violation would be an act of delinquency if committed
35.30in this state or a crime or offense if committed by an adult;
35.31(3) who has escaped from confinement to a state juvenile correctional facility after
35.32being committed to the custody of the commissioner of corrections; or
36.1(4) who has escaped from confinement to a local juvenile correctional facility after
36.2being committed to the facility by the court.
36.3(b) The term delinquent child does not include a child alleged to have committed
36.4murder in the first degree after becoming 16 years of age, but the term delinquent child
36.5does include a child alleged to have committed attempted murder in the first degree.
36.6(c) The term delinquent child does not include a child who is alleged to have
36.7engaged in conduct which would, if committed by an adult, violate any federal, state, or
36.8local law relating to being hired, offering to be hired, or agreeing to be hired by another
36.9individual to engage in sexual penetration or sexual conduct.
36.10EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
36.11offenses committed on or after that date.
36.12 Sec. 2. Minnesota Statutes 2010, section 260B.007, subdivision 16, is amended to read:
36.13 Subd. 16. Juvenile petty offender; juvenile petty offense. (a) "Juvenile petty
36.14offense" includes a juvenile alcohol offense, a juvenile controlled substance offense,
36.15a violation of section
36.16prohibits conduct by a child under the age of 18 years which would be lawful conduct if
36.17committed by an adult.
36.18(b) Except as otherwise provided in paragraph (c), "juvenile petty offense" also
36.19includes an offense that would be a misdemeanor if committed by an adult.
36.20(c) "Juvenile petty offense" does not include any of the following:
36.21(1) a misdemeanor-level violation of section
36.23or
36.24(2) a major traffic offense or an adult court traffic offense, as described in section
36.26(3) a misdemeanor-level offense committed by a child whom the juvenile court
36.27previously has found to have committed a misdemeanor, gross misdemeanor, or felony
36.28offense; or
36.29(4) a misdemeanor-level offense committed by a child whom the juvenile court
36.30has found to have committed a misdemeanor-level juvenile petty offense on two or
36.31more prior occasions, unless the county attorney designates the child on the petition
36.32as a juvenile petty offender notwithstanding this prior record. As used in this clause,
36.33"misdemeanor-level juvenile petty offense" includes a misdemeanor-level offense that
36.34would have been a juvenile petty offense if it had been committed on or after July 1, 1995.
37.1(d) A child who commits a juvenile petty offense is a "juvenile petty offender." The
37.2term juvenile petty offender does not include a child alleged to have violated any law
37.3relating to being hired, offering to be hired, or agreeing to be hired by another individual
37.4to engage in sexual penetration or sexual conduct which, if committed by an adult, would
37.5be a misdemeanor.
37.6EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
37.7offenses committed on or after that date.
37.8 Sec. 3. Minnesota Statutes 2010, section 260C.007, subdivision 6, is amended to read:
37.9 Subd. 6. Child in need of protection or services. "Child in need of protection or
37.10services" means a child who is in need of protection or services because the child:
37.11 (1) is abandoned or without parent, guardian, or custodian;
37.12 (2)(i) has been a victim of physical or sexual abuse as defined in section
37.13subdivision 2, (ii) resides with or has resided with a victim of child abuse as defined in
37.14subdivision 5 or domestic child abuse as defined in subdivision 13, (iii) resides with or
37.15would reside with a perpetrator of domestic child abuse as defined in subdivision 13 or
37.16child abuse as defined in subdivision 5 or 13, or (iv) is a victim of emotional maltreatment
37.17as defined in subdivision 15;
37.18 (3) is without necessary food, clothing, shelter, education, or other required care
37.19for the child's physical or mental health or morals because the child's parent, guardian,
37.20or custodian is unable or unwilling to provide that care;
37.21 (4) is without the special care made necessary by a physical, mental, or emotional
37.22condition because the child's parent, guardian, or custodian is unable or unwilling to
37.23provide that care;
37.24 (5) is medically neglected, which includes, but is not limited to, the withholding of
37.25medically indicated treatment from a disabled infant with a life-threatening condition. The
37.26term "withholding of medically indicated treatment" means the failure to respond to the
37.27infant's life-threatening conditions by providing treatment, including appropriate nutrition,
37.28hydration, and medication which, in the treating physician's or physicians' reasonable
37.29medical judgment, will be most likely to be effective in ameliorating or correcting all
37.30conditions, except that the term does not include the failure to provide treatment other
37.31than appropriate nutrition, hydration, or medication to an infant when, in the treating
37.32physician's or physicians' reasonable medical judgment:
37.33 (i) the infant is chronically and irreversibly comatose;
38.1 (ii) the provision of the treatment would merely prolong dying, not be effective in
38.2ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be
38.3futile in terms of the survival of the infant; or
38.4 (iii) the provision of the treatment would be virtually futile in terms of the survival
38.5of the infant and the treatment itself under the circumstances would be inhumane;
38.6 (6) is one whose parent, guardian, or other custodian for good cause desires to be
38.7relieved of the child's care and custody, including a child who entered foster care under a
38.8voluntary placement agreement between the parent and the responsible social services
38.9agency under section
38.10 (7) has been placed for adoption or care in violation of law;
38.11 (8) is without proper parental care because of the emotional, mental, or physical
38.12disability, or state of immaturity of the child's parent, guardian, or other custodian;
38.13 (9) is one whose behavior, condition, or environment is such as to be injurious or
38.14dangerous to the child or others. An injurious or dangerous environment may include, but
38.15is not limited to, the exposure of a child to criminal activity in the child's home;
38.16 (10) is experiencing growth delays, which may be referred to as failure to thrive, that
38.17have been diagnosed by a physician and are due to parental neglect;
38.18 (11)
38.19sexually exploited youth as defined in subdivision 31;
38.20 (12) has committed a delinquent act or a juvenile petty offense before becoming
38.21ten years old;
38.22 (13) is a runaway;
38.23 (14) is a habitual truant;
38.24 (15) has been found incompetent to proceed or has been found not guilty by reason
38.25of mental illness or mental deficiency in connection with a delinquency proceeding, a
38.26certification under section
38.27proceeding involving a juvenile petty offense; or
38.28(16) has a parent whose parental rights to one or more other children were
38.29involuntarily terminated or whose custodial rights to another child have been involuntarily
38.30transferred to a relative and there is a case plan prepared by the responsible social services
38.31agency documenting a compelling reason why filing the termination of parental rights
38.32petition under section
38.33EFFECTIVE DATE.This section is effective August 1, 2011.
38.34 Sec. 4. Minnesota Statutes 2010, section 260C.007, subdivision 11, is amended to read:
38.35 Subd. 11. Delinquent child. "Delinquent child"
39.1
39.2
39.3
39.4
39.5
39.6section 260B.007, subdivision 6.
39.7EFFECTIVE DATE.This section is effective August 1, 2011.
39.8 Sec. 5. Minnesota Statutes 2010, section 260C.007, is amended by adding a
39.9subdivision to read:
39.10 Subd. 31. Sexually exploited youth. "Sexually exploited youth" means an
39.11individual who:
39.12(1) is alleged to have engaged in conduct which would, if committed by an adult,
39.13violate any federal, state, or local law relating to being hired, offering to be hired, or
39.14agreeing to be hired by another individual to engage in sexual penetration or sexual
39.15conduct;
39.16(2) is a victim of a crime described in section 609.342, 609.343, 609.345, 609.3451,
39.17609.3453, 609.352, 617.246, or 617.247;
39.18(3) is a victim of a crime described in United States Code, title 18, section 2260;
39.192421; 2422; 2423; 2425; 2425A; or 2256; or
39.20(4) is a sex trafficking victim as defined in section 609.321, subdivision 7b.
39.21EFFECTIVE DATE.This section is effective August 1, 2011.
39.22 Sec. 6. Minnesota Statutes 2010, section 609.321, subdivision 8, is amended to read:
39.23 Subd. 8. Prostitute. "Prostitute" means an individual 18 years of age or older who
39.24engages in prostitution.
39.25EFFECTIVE DATE.This section is effective August 1, 2014, and applies to crimes
39.26committed on or after that date.
39.27 Sec. 7. Minnesota Statutes 2010, section 609.3241, is amended to read:
39.28609.3241 PENALTY ASSESSMENT AUTHORIZED.
39.29(a) When a court sentences an adult convicted of violating section
39.31not less than
40.1subdivision 2
40.2the court shall impose an assessment of not less than
40.3$1,000. The
40.4
40.5(c) and is in addition to the surcharge required by section
40.6
40.7
40.8
40.9
40.10
40.11
40.12
40.13(b) The court may not waive payment of the minimum assessment required by
40.14this section. If the defendant qualifies for the services of a public defender or the court
40.15finds on the record that the convicted person is indigent or that immediate payment of
40.16the assessment would create undue hardship for the convicted person or that person's
40.17immediate family, the court may reduce the amount of the minimum assessment to not
40.18less than $100. The court also may authorize payment of the assessment in installments.
40.19(c) The assessment collected under paragraph (a) must be distributed as follows:
40.20(1) 40 percent of the assessment shall be forwarded to the political subdivision that
40.21employs the arresting officer for use in enforcement, training, and education activities
40.22related to combating sexual exploitation of youth, or if the arresting officer is an employee
40.23of the state, this portion shall be forwarded to the commissioner of public safety for those
40.24purposes identified in clause (3);
40.25(2) 20 percent of the assessment shall be forwarded to the prosecuting agency that
40.26handled the case for use in training and education activities relating to combating sexual
40.27exploitation activities of youth; and
40.28(3) 40 percent of the assessment must be forwarded to the commissioner of public
40.29safety to be deposited in the safe harbor for youth account in the special revenue fund
40.30and are appropriated to the commissioner for distribution to crime victims services
40.31organizations that provide services to sexually exploited youth, as defined in section
40.32260C.007, subdivision 31.
40.33(d) A safe harbor for youth account is established as a special account in the state
40.34treasury.
40.35EFFECTIVE DATE.This section is effective August 1, 2011.
41.1 Sec. 8. Minnesota Statutes 2010, section 626.558, subdivision 2a, is amended to read:
41.2 Subd. 2a.
41.3multidisciplinary child protection team may assist the local welfare agency, local law
41.4enforcement agency, or an appropriate private organization in developing a program of
41.5outreach services for
41.6including homeless, runaway, and truant youth who are at risk of sexual exploitation.
41.7For the purposes of this subdivision, at least one representative of a youth intervention
41.8program or, where this type of program is unavailable, one representative of a nonprofit
41.9agency serving youth in crisis, shall be appointed to and serve on the multidisciplinary
41.10child protection team in addition to the standing members of the team. These services may
41.11include counseling, medical care, short-term shelter, alternative living arrangements, and
41.12drop-in centers.
41.13
41.14subdivision may not be conditioned upon the juvenile providing any evidence or testimony.
41.15EFFECTIVE DATE.This section is effective August 1, 2011.
41.16 Sec. 9. SAFE HARBOR FOR SEX TRAFFICKED YOUTH; SEXUALLY
41.17EXPLOITED YOUTH; STATEWIDE VICTIM SERVICES MODEL.
41.18(a) If sufficient funding from outside sources is donated, the commissioner of public
41.19safety shall develop a statewide model as provided in this section. By June 30, 2012, the
41.20commissioner of public safety, in consultation with the commissioners of health and
41.21human services, shall develop a victim services model to address the needs of sexually
41.22exploited youth and youth at risk of sexual exploitation. The commissioner shall take into
41.23consideration the findings and recommendations as reported to the legislature on the
41.24results of the safe harbor for sexually exploited youth pilot project authorized by Laws
41.252006, chapter 282, article 13, section 4, paragraph (b). In addition, the commissioner
41.26shall seek recommendations from prosecutors, public safety officials, public health
41.27professionals, child protection workers, and service providers.
41.28(b) By January 15, 2013, the commissioner of public safety shall report to the chairs
41.29and ranking minority members of the senate and house of representatives divisions having
41.30jurisdiction over health and human services and criminal justice funding and policy on the
41.31development of the statewide model, including recommendations for additional legislation
41.32or funding for services for sexually exploited youth or youth at risk of sexual exploitation.
41.33(c) As used in this section, "sexually exploited youth" has the meaning given in
41.34section 260C.007, subdivision 31.
42.1EFFECTIVE DATE.This section is effective August 1, 2011.
42.2 Sec. 10. REPEALER.
42.3Minnesota Statutes 2010, sections 260B.141, subdivision 5; and 260C.141,
42.4subdivision 6, are repealed.
42.5EFFECTIVE DATE.This section is effective August 1, 2014.
42.8 Section 1. Minnesota Statutes 2010, section 609.321, subdivision 4, is amended to read:
42.9 Subd. 4. Patron. "Patron" means an individual who
42.10engages in prostitution by hiring, offering to hire, or agreeing to hire another individual to
42.11engage in sexual penetration or sexual contact.
42.12EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
42.13committed on or after that date.
42.14 Sec. 2. Minnesota Statutes 2010, section 609.321, subdivision 8, is amended to read:
42.15 Subd. 8. Prostitute. "Prostitute" means an individual who engages in prostitution
42.16by being hired, offering to be hired, or agreeing to be hired by another individual to
42.17engage in sexual penetration or sexual contact.
42.18EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
42.19committed on or after that date.
42.20 Sec. 3. Minnesota Statutes 2010, section 609.321, subdivision 9, is amended to read:
42.21 Subd. 9. Prostitution. "Prostitution" means
42.22
42.23sexual penetration or sexual contact, or being hired, offering to be hired, or agreeing to be
42.24hired by another individual to engage in sexual penetration or sexual contact.
42.25EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
42.26committed on or after that date.
42.27 Sec. 4. Minnesota Statutes 2010, section 609.324, subdivision 2, is amended to read:
43.1 Subd. 2. Prostitution in public place; penalty for patrons. Whoever, while acting
43.2as a patron, intentionally does any of the following while in a public place is guilty of a
43.3gross misdemeanor:
43.4(1) engages in prostitution with an individual 18 years of age or older; or
43.5(2) hires
43.6engage in sexual penetration or sexual contact.
43.7Except as otherwise provided in subdivision 4, a person who is convicted of violating this
43.8subdivision
43.9of at least $1,500.
43.10EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
43.11committed on or after that date.
43.12 Sec. 5. Minnesota Statutes 2010, section 609.324, subdivision 3, is amended to read:
43.13 Subd. 3. General prostitution crimes; penalties for patrons. (a) Whoever, while
43.14acting as a patron, intentionally does any of the following is guilty of a misdemeanor:
43.15(1) engages in prostitution with an individual 18 years of age or
43.16(2) hires
43.17older to engage in sexual penetration or sexual contact. Except as otherwise provided in
43.18subdivision 4, a person who is convicted of violating this paragraph
43.19
43.20(b) Whoever violates the provisions of this subdivision within two years of a
43.21previous prostitution conviction for violating this section or section
43.22of a gross misdemeanor. Except as otherwise provided in subdivision 4, a person who
43.23is convicted of violating this paragraph
43.24be sentenced as follows:
43.25(1) to pay a fine of at least $1,500; and
43.26(2) to serve 20 hours of community work service.
43.27The court may waive the mandatory community work service if it makes specific,
43.28written findings that the community work service is not feasible or appropriate under the
43.29circumstances of the case.
43.30EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
43.31committed on or after that date.
43.32 Sec. 6. Minnesota Statutes 2010, section 609.324, is amended by adding a subdivision
43.33to read:
44.1 Subd. 6. Prostitution in public place; penalty for prostitutes. Whoever, while
44.2acting as a prostitute, intentionally does any of the following while in a public place is
44.3guilty of a gross misdemeanor:
44.4(1) engages in prostitution with an individual 18 years of age or older; or
44.5(2) is hired, offers to be hired, or agrees to be hired by an individual 18 years of age
44.6or older to engage in sexual penetration or sexual contact.
44.7EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
44.8committed on or after that date.
44.9 Sec. 7. Minnesota Statutes 2010, section 609.324, is amended by adding a subdivision
44.10to read:
44.11 Subd. 7. General prostitution crimes; penalties for prostitutes. (a) Whoever,
44.12while acting as a prostitute, intentionally does any of the following is guilty of a
44.13misdemeanor:
44.14(1) engages in prostitution with an individual 18 years of age or older; or
44.15(2) is hired, offers to be hired, or agrees to be hired by an individual 18 years of age
44.16or older to engage in sexual penetration or sexual contact.
44.17(b) Whoever violates the provisions of this subdivision within two years of a
44.18previous prostitution conviction for violating this section or section 609.322 is guilty
44.19of a gross misdemeanor.
44.20EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
44.21committed on or after that date.