HF 2129

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to criminal justice; delaying the transfer of 
  1.3             the powers, duties, and functions relating to the 
  1.4             operating and funding of shelters for battered women 
  1.5             from the department of human services to the crime 
  1.6             victim services center and requiring a plan on the 
  1.7             implementation of the transfer; removing mandatory 
  1.8             requirements on productive day initiative programs and 
  1.9             requiring annual reports on the programs; increasing 
  1.10            the driver license reinstatement fee to allow the 
  1.11            bureau of criminal apprehension to purchase laboratory 
  1.12            supplies and equipment; transferring the office of 
  1.13            drug policy and violence prevention and community 
  1.14            advisory violence prevention council from the 
  1.15            department of children, families, and learning to the 
  1.16            department of public safety; expanding the duties of 
  1.17            the office of drug policy and violence prevention; 
  1.18            authorizing the commissioner of corrections to open 
  1.19            and operate a correctional facility at Rush City; 
  1.20            authorizing the commissioner of corrections to enter 
  1.21            into contracts with private corporations and other 
  1.22            governmental units for the housing of inmates; 
  1.23            allowing the commissioner of corrections to place 
  1.24            youth at the Minnesota correctional facility-Sauk 
  1.25            Centre when bed space is unavailable at the Minnesota 
  1.26            correctional facility-Red Wing; appropriating money 
  1.27            for asset preservation and facility repair of adult 
  1.28            and juvenile correctional institutions; appropriating 
  1.29            money for grants to local officials for cooperative 
  1.30            investigation of cross-jurisdictional criminal 
  1.31            activity; amending Minnesota Statutes 1998, sections 
  1.32            119A.26; 119A.28, subdivisions 2 and 3; 119A.29, 
  1.33            subdivision 1; 119A.31, subdivision 3; 119A.32; 
  1.34            119A.33; 119A.34, subdivisions 3 and 4; 171.29, 
  1.35            subdivision 2; and 241.275, subdivisions 1, 2, and 5; 
  1.36            Laws 1997, chapter 85, article 3, section 53; 
  1.37            proposing coding for new law in Minnesota Statutes, 
  1.38            chapters 243; and 299A; repealing Minnesota Statutes 
  1.39            1998, sections 119A.04, subdivision 5; and 256D.05, 
  1.40            subdivisions 3 and 3a. 
  1.41  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.42                             ARTICLE 1 
  1.43                           APPROPRIATIONS
  2.1   Section 1.  CRIMINAL JUSTICE APPROPRIATIONS  
  2.2      The sums in the columns headed "APPROPRIATIONS" are 
  2.3   appropriated from the general fund, or another named fund, to 
  2.4   the agencies and for the purposes specified, to be available for 
  2.5   the fiscal year indicated for each purpose. 
  2.6                           SUMMARY BY FUND
  2.7                                         2000         2001
  2.8   General Fund Total                $.,...,-0-,... $.,...,-0-,...
  2.9   Special Revenue Fund              $.,...,-0-,... $.,...,-0-,...
  2.10  TOTAL                             $.,...,-0-,... $.,...,-0-,...
  2.11                                             APPROPRIATIONS 
  2.12                                         Available for the Year 
  2.13                                             Ending June 30 
  2.14                                            2000         2001 
  2.15  Sec. 2.  PUBLIC SAFETY 
  2.16  Subdivision 1.  Criminal 
  2.17  Apprehension                                        ...,...,...
  2.18  $99,000 the first year and $99,000 the 
  2.19  second year from the bureau of criminal 
  2.20  apprehension account in the special 
  2.21  revenue fund are for grants to local 
  2.22  officials for the cooperative 
  2.23  investigation of cross-jurisdictional 
  2.24  criminal activity.  Any unencumbered 
  2.25  balance remaining in the first year 
  2.26  does not cancel but is available for 
  2.27  the second year. 
  2.28  Sec. 3.  CENTER FOR CRIME VICTIM SERVICES           ...,...,... 
  2.29  The director of the agency and the 
  2.30  commissioner of human services shall, 
  2.31  in consultation with affected parties, 
  2.32  report by October 15, 1999, to the 
  2.33  governor, the commissioner of finance, 
  2.34  and appropriate legislative committee 
  2.35  chairs on a complete plan and 
  2.36  legislation necessary for 
  2.37  implementation of the transfer of 
  2.38  payments to battered women's shelters 
  2.39  from the department to the agency 
  2.40  effective July 1, 2000.  The plan must 
  2.41  not exceed funding appropriated for 
  2.42  that purpose in fiscal year 2001 and 
  2.43  shall assume funding at that same level 
  2.44  for the following biennium.  For 
  2.45  purposes of this section, "agency" 
  2.46  means the center for crime victim 
  2.47  services. 
  2.48  Sec. 4.  CORRECTIONS                                ...,...,... 
  2.49  Subdivision 1.  Correctional
  2.50  Institutions                                        ...,...,...
  2.51  $2,537,000 the first year and 
  2.52  $2,538,000 the second year are 
  2.53  appropriated from the general fund, for 
  3.1   the fiscal biennium ending June 30, 
  3.2   2001, for asset preservation and 
  3.3   facility repair.  This funding may be 
  3.4   transferred between programs, to the 
  3.5   extent it is used for the same 
  3.6   purpose.  The commissioner may use any 
  3.7   other available funding for this 
  3.8   purpose, to the extent it is not 
  3.9   inconsistent with any other law. 
  3.10  The commissioner may enter into 
  3.11  contracts with private corporations or 
  3.12  governmental units of the state of 
  3.13  Minnesota to house in their 
  3.14  correctional facilities adult offenders 
  3.15  committed to the commissioner of 
  3.16  corrections. 
  3.17  Subd. 2.  Juvenile  
  3.18  Services                                            ...,...,...
  3.19  $395,000 the first year and $395,000 
  3.20  the second year are appropriated from 
  3.21  the general fund for the fiscal 
  3.22  biennium ending June 30, 2001, for 
  3.23  asset preservation and facility 
  3.24  repair.  This funding may be 
  3.25  transferred between programs, to the 
  3.26  extent it is used for the same 
  3.27  purpose.  The commissioner may use any 
  3.28  other available funding for this 
  3.29  purpose, to the extent it is not 
  3.30  inconsistent with any other law. 
  3.31  During the biennium ending June 30, 
  3.32  2001, the commissioner may place youth 
  3.33  committed to the commissioner of 
  3.34  corrections at the Minnesota 
  3.35  correctional facility-Sauk Centre if 
  3.36  bed space is unavailable at the 
  3.37  Minnesota correctional facility-Red 
  3.38  Wing. 
  3.39                             ARTICLE 2 
  3.40                  CENTER FOR CRIME VICTIM SERVICES
  3.41     Section 1.  Minnesota Laws 1997, chapter 85, article 3, 
  3.42  section 53, is amended to read: 
  3.43     Sec. 2.  [TRANSFER OF RESPONSIBILITIES FOR PROVIDING SECURE 
  3.44  CRISIS SHELTER.] 
  3.45     In state fiscal year 2000 2001, all the powers, duties, and 
  3.46  functions of the commissioner of human services relating to the 
  3.47  operation and funding of shelters for battered women are 
  3.48  transferred to the commissioner of corrections director of the 
  3.49  Minnesota center for crime victim services in accordance with 
  3.50  Minnesota Statutes, section 15.039, subdivision 7. 
  3.51     No payments by the general assistance program under 
  3.52  Minnesota Statutes 1998, section 256D.05, subdivision 3 or 3a, 
  4.1   will be made after June 30, 2000. 
  4.2      Sec. 3.  [REPEALER.] 
  4.3      Minnesota Statutes 1998, section 256D.05, subdivisions 3 
  4.4   and 3a, are repealed. 
  4.5      Sec. 4.  [EFFECTIVE DATE.] 
  4.6      Section 2 is effective July 1, 2000. 
  4.7                              ARTICLE 3 
  4.8                            PUBLIC SAFETY
  4.9      Section 1.  Minnesota Statutes 1998, section 119A.26, is 
  4.10  amended to read: 
  4.11     119A.26 [OFFICE OF DRUG POLICY AND VIOLENCE PREVENTION.] 
  4.12     Subdivision 1.  [OFFICE; ASSISTANT COMMISSIONER.] The 
  4.13  office of drug policy and violence prevention is an office in 
  4.14  the department of children, families, and learning public 
  4.15  safety, headed by an assistant commissioner appointed by the 
  4.16  commissioner to serve in the unclassified service.  
  4.17  The assistant commissioner may appoint other employees.  
  4.18  The assistant commissioner shall coordinate the violence 
  4.19  prevention activities and the prevention and supply reduction 
  4.20  activities of state and local agencies and provide one 
  4.21  professional staff member to assist on a full-time basis the 
  4.22  work of the chemical abuse prevention resource council use the 
  4.23  resources of the office to conduct activities related to crime 
  4.24  prevention and enforcement as deemed necessary. 
  4.25     Subd. 2.  [DUTIES.] (a) The assistant commissioner shall: 
  4.26     (1) gather, develop, and make available throughout the 
  4.27  state information and educational materials on preventing and 
  4.28  reducing violence in the family and in the community, both 
  4.29  directly and by serving as a clearinghouse for information and 
  4.30  educational materials from schools, state and local agencies, 
  4.31  community service providers, and local organizations; 
  4.32     (2) foster collaboration among schools, state and local 
  4.33  agencies, community service providers, and local organizations 
  4.34  that assist in violence intervention or prevention; 
  4.35     (3) assist schools, state and local agencies, service 
  4.36  providers, and organizations, on request, with training and 
  5.1   other programs designed to educate individuals about violence 
  5.2   and reinforce values that contribute to ending violence; 
  5.3      (4) after consulting with all state agencies involved in 
  5.4   preventing or reducing violence within the family or community, 
  5.5   develop a statewide strategy for preventing and reducing 
  5.6   violence that encompasses the efforts of those agencies and 
  5.7   takes into account all money available for preventing or 
  5.8   reducing violence from any source; 
  5.9      (5) submit the strategy to the governor by January 15 of 
  5.10  each calendar year, along with a summary of activities occurring 
  5.11  during the previous year to prevent or reduce violence 
  5.12  experienced by children, young people, and their families; and 
  5.13     (6) assist appropriate professional and occupational 
  5.14  organizations, including organizations of law enforcement 
  5.15  officers, prosecutors, and educators, in developing and 
  5.16  operating informational and training programs to improve the 
  5.17  effectiveness of activities to prevent or reduce violence within 
  5.18  the family or community; and 
  5.19     (7) take other actions deemed necessary to reduce the 
  5.20  incidence of crime. 
  5.21     The commissioner also may, through this program, support 
  5.22  activities and strategies of the criminal gang council and 
  5.23  strike force as specified in sections 299A.64, 299A.65, and 
  5.24  299A.66. 
  5.25     (b) The assistant commissioner shall gather and make 
  5.26  available information on prevention and supply reduction 
  5.27  activities throughout the state, foster cooperation among 
  5.28  involved state and local agencies, and assist agencies and 
  5.29  public officials in training and other programs designed to 
  5.30  improve the effectiveness of prevention and supply reduction 
  5.31  activities. 
  5.32     (c) The assistant commissioner shall coordinate the 
  5.33  distribution of funds received by the state of Minnesota through 
  5.34  the federal Anti-Drug Abuse Act.  The assistant commissioner 
  5.35  shall recommend to the commissioner determine recipients of 
  5.36  grants under sections 119A.30 and 299A.33, after consultation 
  6.1   with the chemical abuse prevention resource council. 
  6.2      (d) The assistant commissioner shall: 
  6.3      (1) after consultation with all state agencies involved in 
  6.4   prevention or supply reduction activities, develop a state 
  6.5   chemical abuse and dependency strategy encompassing the efforts 
  6.6   of those agencies and taking into account all money available 
  6.7   for prevention and supply reduction activities, from any source; 
  6.8      (2) submit the strategy to the governor by January 15 of 
  6.9   each year, along with a summary of prevention and supply 
  6.10  reduction activities during the preceding calendar year; 
  6.11     (3) assist appropriate professional and occupational 
  6.12  organizations, including organizations of law enforcement 
  6.13  officers, prosecutors, and educators, in developing and 
  6.14  operating informational and training programs to improve the 
  6.15  effectiveness of prevention and supply reduction activities; 
  6.16     (4) provide information, including information on drug 
  6.17  trends, and assistance to state and local agencies, both 
  6.18  directly and by functioning as a clearinghouse for information 
  6.19  from other agencies; 
  6.20     (5) facilitate cooperation among drug program agencies; and 
  6.21     (6) in coordination with the chemical abuse prevention 
  6.22  resource council, review, approve, and coordinate the 
  6.23  administration of prevention, criminal justice, and treatment 
  6.24  grants. 
  6.25     Sec. 2.  Minnesota Statutes 1998, section 119A.28, 
  6.26  subdivision 2, is amended to read: 
  6.27     Subd. 2.  [SPECIFIC DUTIES AND RESPONSIBILITIES.] In 
  6.28  furtherance of the general purpose specified in subdivision 1, 
  6.29  the council shall: 
  6.30     (1) assist state agencies in the coordination of drug 
  6.31  policies and programs and in the provision of services to other 
  6.32  units of government, communities, and citizens; 
  6.33     (2) promote among state agencies policies to achieve 
  6.34  uniformity in state and federal grant programs and to streamline 
  6.35  those programs; 
  6.36     (3) oversee comprehensive data collection and research and 
  7.1   evaluation of alcohol and drug program activities; 
  7.2      (4) seek the advice and counsel of appropriate interest 
  7.3   groups and advise the assistant commissioner of the office of 
  7.4   drug policy and violence prevention public safety; 
  7.5      (5) seek additional private funding for community-based 
  7.6   programs and research and evaluation; 
  7.7      (6) evaluate whether law enforcement narcotics task forces 
  7.8   should be reduced in number and increased in geographic size, 
  7.9   and whether new sources of funding are available for the task 
  7.10  forces; 
  7.11     (7) continue to promote clarity of roles among federal, 
  7.12  state, and local law enforcement activities; and 
  7.13     (8) establish criteria to evaluate law enforcement drug 
  7.14  programs. 
  7.15     Sec. 3.  Minnesota Statutes 1998, section 119A.28, 
  7.16  subdivision 3, is amended to read: 
  7.17     Subd. 3.  [GRANT PROGRAMS.] The council shall, in 
  7.18  coordination with the assistant commissioner of the office of 
  7.19  drug policy and violence prevention, review and approve state 
  7.20  agency plans regarding the use of federal funds for programs to 
  7.21  reduce chemical abuse or reduce the supply of controlled 
  7.22  substances.  The appropriate state agencies would have 
  7.23  responsibility for management of state and federal drug grant 
  7.24  programs. 
  7.25     Sec. 4.  Minnesota Statutes 1998, section 119A.29, 
  7.26  subdivision 1, is amended to read: 
  7.27     Subdivision 1.  [ESTABLISHMENT; REQUIREMENTS.] The 
  7.28  commissioner of children, families, and learning public safety 
  7.29  may establish pilot projects at neighborhood centers serving 
  7.30  youths between the ages of 11 to 21.  The centers may offer 
  7.31  recreational activities, social services, meals, job skills and 
  7.32  career services, and provide referrals for youths to other 
  7.33  available services outside the centers.  The commissioner may 
  7.34  consult with other appropriate agencies and, to the extent 
  7.35  possible, use existing resources and staff in creating the 
  7.36  programs.  The commissioner shall ensure that the programs, if 
  8.1   offered, are adequately staffed by specially trained personnel 
  8.2   and outreach street workers.  Each center may integrate 
  8.3   community volunteers into the program's activities and services 
  8.4   and cooperate with local law enforcement agencies.  The centers 
  8.5   must be open during hours convenient to youths including 
  8.6   evenings, weekends, and extended summer hours.  However, there 
  8.7   may not be any conflicts with truancy laws.  Each center must 
  8.8   have a plan for evaluation designed to measure the program's 
  8.9   effectiveness in aiding youths. 
  8.10     Sec. 5.  Minnesota Statutes 1998, section 119A.31, 
  8.11  subdivision 3, is amended to read: 
  8.12     Subd. 3.  [REPORT.] The commissioner shall submit a written 
  8.13  report to the children's cabinet and chairs of the committees of 
  8.14  the senate and house of representatives with jurisdiction over 
  8.15  criminal justice policy and funding of crime prevention 
  8.16  programs, by February 1 each year, based on the information 
  8.17  provided by applicants under this subdivision. 
  8.18     Sec. 6.  Minnesota Statutes 1998, section 119A.32, is 
  8.19  amended to read: 
  8.20     119A.32 [OTHER DUTIES.] 
  8.21     The assistant commissioner assigned to the office of drug 
  8.22  policy and violence prevention of public safety, in consultation 
  8.23  with the chemical abuse and violence prevention council, shall: 
  8.24     (1) provide information and assistance upon request to 
  8.25  school preassessment teams established under section 121A.26 and 
  8.26  school and community advisory teams established under section 
  8.27  121A.27; 
  8.28     (2) provide information and assistance upon request to the 
  8.29  state board of pharmacy with respect to the board's enforcement 
  8.30  of chapter 152; 
  8.31     (3) cooperate with and provide information and assistance 
  8.32  upon request to the alcohol and other drug abuse section in the 
  8.33  department of human services; 
  8.34     (4) assist in coordinating coordinate the policy of the 
  8.35  office with that of the narcotic enforcement unit in the bureau 
  8.36  of criminal apprehension; and 
  9.1      (5) coordinate the activities of the regional drug task 
  9.2   forces, provide assistance and information to them upon request, 
  9.3   and assist in the formation of task forces in areas of the state 
  9.4   in which no task force operates. 
  9.5      Sec. 7.  Minnesota Statutes 1998, section 119A.33, is 
  9.6   amended to read: 
  9.7      119A.33 [COOPERATION OF OTHER AGENCIES.] 
  9.8      State agencies, and agencies and governing bodies of 
  9.9   political subdivisions, shall cooperate with the assistant 
  9.10  commissioner assigned to the office of drug policy commissioner 
  9.11  of public safety and shall provide any public information 
  9.12  requested by the assistant commissioner assigned to the office 
  9.13  of drug policy. 
  9.14     Sec. 8.  Minnesota Statutes 1998, section 119A.34, 
  9.15  subdivision 3, is amended to read: 
  9.16     Subd. 3.  [GRANTS FOR DEMONSTRATION PROGRAM.] The assistant 
  9.17  commissioner of the office of drug policy public safety may 
  9.18  award a grant to a county, multicounty organization, or city, as 
  9.19  described in subdivision 1, for establishing and operating a 
  9.20  multidisciplinary chemical abuse prevention team.  The assistant 
  9.21  commissioner may approve up to five applications for grants 
  9.22  under this subdivision.  The grant funds must be used to 
  9.23  establish a multidisciplinary chemical abuse prevention team to 
  9.24  carry out the duties in subdivision 2. 
  9.25     Sec. 9.  Minnesota Statutes 1998, section 119A.34, 
  9.26  subdivision 4, is amended to read: 
  9.27     Subd. 4.  [ASSISTANT COMMISSIONER; ADMINISTRATION OF 
  9.28  GRANTS.] The assistant commissioner shall develop a process for 
  9.29  administering grants under subdivision 3.  The process must be 
  9.30  compatible with the community grant program under the Drug Free 
  9.31  Schools and Communities Act, Public Law Number 100-690.  The 
  9.32  process for administering the grants must include establishing 
  9.33  criteria the assistant commissioner shall apply in awarding 
  9.34  grants.  The assistant commissioner shall issue requests for 
  9.35  proposals for grants under subdivision 3.  The request must be 
  9.36  designed to obtain detailed information about the applicant and 
 10.1   other information the assistant commissioner considers necessary 
 10.2   to evaluate and select a grant recipient.  The applicant shall 
 10.3   submit a proposal for a grant on a form and in a manner 
 10.4   prescribed by the assistant commissioner.  The assistant 
 10.5   commissioner shall award grants under this section so that 50 
 10.6   percent of the funds appropriated for the grants go to the 
 10.7   metropolitan area comprised of Anoka, Carver, Dakota, Hennepin, 
 10.8   Ramsey, Scott, and Washington counties, and 50 percent of the 
 10.9   funds go to the area outside the metropolitan area.  The process 
 10.10  for administering the grants must also include procedures for 
 10.11  monitoring the recipients' use of grant funds and reporting 
 10.12  requirements for grant recipients. 
 10.13     Sec. 10.  [299A.015] [TRANSFER FROM OTHER AGENCY; CHILDREN, 
 10.14  FAMILIES, AND LEARNING.] 
 10.15     The powers and duties of the department of children, 
 10.16  families, and learning with respect to the office of drug policy 
 10.17  and violence prevention and community advisory violence 
 10.18  prevention council under Minnesota Statutes 1998, sections 
 10.19  119A.25, 119A.26, 119A.27, 119A.28, 119A.29, 119A.31, 119A.32, 
 10.20  119A.33, and 119A.34, are transferred to the department of 
 10.21  public safety under Minnesota Statutes, section 15.039. 
 10.22     Sec. 11.  [INSTRUCTION TO REVISOR.] 
 10.23     The revisor of statutes shall renumber each section of 
 10.24  Minnesota Statutes listed in column A with the number listed in 
 10.25  column B.  The revisor shall also make necessary cross-reference 
 10.26  changes consistent with the renumbering. 
 10.27             Column A               Column B
 10.28             119A.25                299A.281
 10.29             119A.26                299A.282
 10.30             119A.27                299A.283
 10.31             119A.28                299A.284
 10.32             119A.29                299A.285
 10.33             119A.31                299A.286
 10.34             119A.32                299A.287
 10.35             119A.33                299A.288
 10.36             119A.34                299A.289
 11.1      Sec. 12.  [REPEALER.] 
 11.2      Minnesota Statutes 1998, section 119A.04, subdivision 5, is 
 11.3   repealed. 
 11.4                              ARTICLE 4 
 11.5                            MISCELLANEOUS
 11.6      Section 1.  Minnesota Statutes 1998, section 171.29, 
 11.7   subdivision 2, is amended to read: 
 11.8      Subd. 2.  [FEES, ALLOCATION.] (a) A person whose driver's 
 11.9   license has been revoked as provided in subdivision 1, except 
 11.10  under section 169.121 or 169.123, shall pay a $30 fee before the 
 11.11  driver's license is reinstated. 
 11.12     (b) A person whose driver's license has been revoked as 
 11.13  provided in subdivision 1 under section 169.121 or 169.123 shall 
 11.14  pay a $250 fee plus a $40 $56 surcharge before the driver's 
 11.15  license is reinstated.  The $250 fee is to be credited as 
 11.16  follows: 
 11.17     (1) Twenty percent shall be credited to the trunk highway 
 11.18  fund. 
 11.19     (2) Fifty-five percent shall be credited to the general 
 11.20  fund. 
 11.21     (3) Eight percent shall be credited to a separate account 
 11.22  to be known as the bureau of criminal apprehension account.  
 11.23  Money in this account may be appropriated to the commissioner of 
 11.24  public safety and the appropriated amount shall be apportioned 
 11.25  80 percent for laboratory costs and 20 percent for carrying out 
 11.26  the provisions of section 299C.065. 
 11.27     (4) Twelve percent shall be credited to a separate account 
 11.28  to be known as the alcohol-impaired driver education account.  
 11.29  Money in the account is appropriated as follows: 
 11.30     (i) The first $200,000 in a fiscal year is to the 
 11.31  commissioner of children, families, and learning for programs in 
 11.32  elementary and secondary schools. 
 11.33     (ii) The remainder credited in a fiscal year is 
 11.34  appropriated to the commissioner of transportation to be spent 
 11.35  as grants to the Minnesota highway safety center at St. Cloud 
 11.36  State University for programs relating to alcohol and highway 
 12.1   safety education in elementary and secondary schools. 
 12.2      (5) Five percent shall be credited to a separate account to 
 12.3   be known as the traumatic brain injury and spinal cord injury 
 12.4   account.  The money in the account is annually appropriated to 
 12.5   the commissioner of health to be used as follows:  35 percent 
 12.6   for a contract with a qualified community-based organization to 
 12.7   provide information, resources, and support to assist persons 
 12.8   with traumatic brain injury and their families to access 
 12.9   services, and 65 percent to maintain the traumatic brain injury 
 12.10  and spinal cord injury registry created in section 144.662.  For 
 12.11  the purposes of this clause, a "qualified community-based 
 12.12  organization" is a private, not-for-profit organization of 
 12.13  consumers of traumatic brain injury services and their family 
 12.14  members.  The organization must be registered with the United 
 12.15  States Internal Revenue Service under the provisions of section 
 12.16  501(c)(3) as a tax-exempt organization and must have as its 
 12.17  purposes:  
 12.18     (i) the promotion of public, family, survivor, and 
 12.19  professional awareness of the incidence and consequences of 
 12.20  traumatic brain injury; 
 12.21     (ii) the provision of a network of support for persons with 
 12.22  traumatic brain injury, their families, and friends; 
 12.23     (iii) the development and support of programs and services 
 12.24  to prevent traumatic brain injury; 
 12.25     (iv) the establishment of education programs for persons 
 12.26  with traumatic brain injury; and 
 12.27     (v) the empowerment of persons with traumatic brain injury 
 12.28  through participation in its governance. 
 12.29     No patient's name, identifying information or identifiable 
 12.30  medical data will be disclosed to the organization without the 
 12.31  informed voluntary written consent of the patient or patient's 
 12.32  guardian, or if the patient is a minor, of the parent or 
 12.33  guardian of the patient. 
 12.34     (c) The $40 of the surcharge shall be credited to a 
 12.35  separate account to be known as the remote electronic alcohol 
 12.36  monitoring program account.  The commissioner shall transfer the 
 13.1   balance of this account to the commissioner of finance on a 
 13.2   monthly basis for deposit in the general fund. 
 13.3      (d) $16 of the surcharge shall be credited to the bureau of 
 13.4   criminal apprehension account in the special revenue fund for 
 13.5   the purchase of laboratory supplies and equipment. 
 13.6      (e) When these fees are collected by a county-operated 
 13.7   office of deputy registrar, a handling charge is imposed in the 
 13.8   amount specified under section 168.33, subdivision 7.  The 
 13.9   handling charge must be deposited in the treasury of the place 
 13.10  for which the deputy registrar was appointed and the 
 13.11  reinstatement fees and surcharge must be deposited in an 
 13.12  approved state depository as directed under section 168.33, 
 13.13  subdivision 2. 
 13.14     Sec. 2.  Minnesota Statutes 1998, section 241.275, 
 13.15  subdivision 1, is amended to read: 
 13.16     Subdivision 1.  [PROGRAM ESTABLISHMENT.] (a) As used in 
 13.17  this section, "correctional facility" includes a community-based 
 13.18  day program to which an offender is sentenced in lieu of 
 13.19  incarceration, if the program provides close supervision of 
 13.20  offenders through such means as electronic monitoring and drug 
 13.21  and alcohol testing. 
 13.22     (b) The counties of Hennepin, Ramsey, and St. Louis shall 
 13.23  may each establish a productive day initiative program in their 
 13.24  correctional facilities as described in this section.  The 
 13.25  productive day program shall be designed to motivate sentenced 
 13.26  offenders in local correctional facilities to develop basic life 
 13.27  and work skills through training and education, thereby creating 
 13.28  opportunities for offenders to achieve more successful 
 13.29  integration into the community upon their release.  
 13.30     Sec. 3.  Minnesota Statutes 1998, section 241.275, 
 13.31  subdivision 2, is amended to read: 
 13.32     Subd. 2.  [PROGRAM COMPONENTS.] The productive day 
 13.33  initiative programs shall may include, but are not limited to, 
 13.34  components described in paragraphs (a) to (c).  
 13.35     (a) The initiative programs shall may contain programs 
 13.36  designed to promote the offender's self-esteem, self-discipline, 
 14.1   and economic self-sufficiency by providing structured training 
 14.2   and education with respect to basic life skills, including 
 14.3   hygiene, personal financial budgeting, literacy, and conflict 
 14.4   management. 
 14.5      (b) The programs shall may contain individualized 
 14.6   educational, vocational, and work programs designed to 
 14.7   productively occupy an offender for at least eight hours a day.  
 14.8      (c) The program administrators shall may develop 
 14.9   correctional industry programs, including marketing efforts to 
 14.10  attract work opportunities both inside correctional facilities 
 14.11  and outside in the community.  Program options may include 
 14.12  expanding and reorganizing on-site industry programs, locating 
 14.13  off-site industry work areas, community service work programs, 
 14.14  and employment programs.  To develop innovative work programs, 
 14.15  program administrators may enlist members of the business and 
 14.16  labor community to help target possible productive enterprises 
 14.17  for offender work programs. 
 14.18     (d) Whenever offenders are assigned to work within the 
 14.19  correctional facility or with any state department or agency, 
 14.20  local unit of government, or other government subdivision, the 
 14.21  program administrator must certify to the appropriate bargaining 
 14.22  agent that work performed by offenders will not result in the 
 14.23  displacement of current employed workers or workers on seasonal 
 14.24  layoff or layoff from a substantially equivalent position, 
 14.25  including partial displacement such as reduction in hours of 
 14.26  work other than overtime work, wages, or other employment 
 14.27  benefits. 
 14.28     Sec. 4.  Minnesota Statutes 1998, section 241.275, 
 14.29  subdivision 5, is amended to read: 
 14.30     Subd. 5.  [REPORT.] Hennepin, Ramsey, and St. Louis 
 14.31  counties shall each report results of their evaluations to the 
 14.32  chairs of the house judiciary finance division and the senate 
 14.33  crime prevention finance division by July 1, 1996 of each year.  
 14.34     Sec. 5.  [243.95] 
 14.35     There is established the Minnesota correctional 
 14.36  facility-Rush City at Rush City, Minnesota, in which may be 
 15.1   placed persons committed to the commissioner of corrections by 
 15.2   the courts of this state who, in the opinion of the 
 15.3   commissioner, may benefit from the programs available in the 
 15.4   facility.  The general control and management of the facility 
 15.5   shall be under the commissioner of corrections.