HF 1721

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to criminal justice; expanding collection of 
  1.3             booking fees; changing procedures for return of 
  1.4             booking fees; amending Minnesota Statutes 2002, 
  1.5             section 641.12, subdivision 1. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 641.12, 
  1.8   subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [FEE.] A county board may require that each 
  1.10  person who is booked for confinement at a county or regional 
  1.11  jail, and not released upon completion of the booking process, 
  1.12  pay a fee of up to $10 to the sheriff's department of the county 
  1.13  in which the jail is located.  The fee is payable immediately 
  1.14  from any money then possessed by the person being booked, or any 
  1.15  money deposited with the sheriff's department on the person's 
  1.16  behalf.  If the person has no funds at the time of booking or 
  1.17  during the period of any incarceration, the sheriff shall notify 
  1.18  the district court in the county where the charges related to 
  1.19  the booking are pending, and shall request the assessment of the 
  1.20  fee.  Notwithstanding section 609.10 or 609.125, upon 
  1.21  notification from the sheriff, the district court must order the 
  1.22  fee paid to the sheriff's department as part of any sentence or 
  1.23  disposition imposed.  If the person is not charged, is 
  1.24  acquitted, or if the charges are dismissed, the person may make 
  1.25  a request to the sheriff shall to return the fee to the 
  2.1   person at the last known address listed in the booking records, 
  2.2   and the sheriff shall return the fee.  The sheriff must inform 
  2.3   the person that the person may request a refund of the $10 fee 
  2.4   if the person is not charged, is acquitted, or if the charges 
  2.5   are dismissed.  
  2.6      [EFFECTIVE DATE.] This section is effective July 1, 2004.