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HF 161

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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Current Version - 1st Engrossment

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2.1

A bill for an act
 relating to public safety; increasing booking fees; amending Minnesota Statutes
2006, section 641.12, subdivision 1.

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

Section 1.

Minnesota Statutes 2006, section 641.12, subdivision 1, is amended to read:


Subdivision 1.

Fee.

new text begin (a) new text end A county board may require that each person who is booked
for confinement at a county or regional jaildeleted text begin , and not released upon completion of the
booking process,deleted text end pay a fee of up to deleted text begin $10deleted text end new text begin $25new text end to the sheriff's department of the county in
which the jail is located. The fee is payable immediately from any money then possessed
by the person being booked, or any money deposited with the sheriff's department on
the person's behalf. If the person has no funds at the time of booking or during the
period of any incarceration, the sheriff shall notify the district court in the county where
the charges related to the booking are pending, and shall request the assessment of the
fee. Notwithstanding section 609.10 or 609.125, upon notification from the sheriff, the
district court must order the fee paid to the sheriff's department as part of any sentence
or disposition imposednew text begin , unless the offender qualifies financially for a public defender
under section 611.17new text end . If the person is not charged, is acquitted, or if the charges are
dismissed, the sheriff shall return the fee to the person at the last known address listed
in the booking records.

new text begin (b) The chief executive officer of the local correctional agency or sheriff may waive
payment of the fee under this subdivision if the officer or sheriff determines that the person
does not have the ability to pay the fee, payment of the fee would create undue hardship
for the person or the person's immediate family, the prospects for payment are poor, or
there are extenuating circumstances justifying waiver of the fee.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end