Minnesota Legislature
HF 3395
as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
1.1 A bill for an act 1.2 relating to appropriations; changing and reducing 1.3 appropriations made for public safety, criminal 1.4 justice, and other agencies and activities; making 1.5 clarifying changes; amending Laws 2001, First Special 1.6 Session chapter 8, article 4, sections 10, 1.7 subdivisions 1, 7; 11. 1.8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.9 ARTICLE 1 1.10 CRIMINAL JUSTICE APPROPRIATIONS 1.11 Section 1. [APPROPRIATIONS/REDUCTIONS.] 1.12 The dollar amounts in the columns under "APPROPRIATIONS" 1.13 are added to or, if shown in parentheses, are subtracted from 1.14 the appropriations in Laws 2001, First Special Session chapter 1.15 8, chapter 9, or other law to the specified agencies. The 1.16 appropriations are from the general fund or other named fund and 1.17 are available for the fiscal years indicated for each purpose. 1.18 The figure "2002" or "2003" means that the addition to or 1.19 subtraction from the appropriations listed under the figure are 1.20 for the fiscal year ending June 30, 2002, or June 30, 2003, 1.21 respectively. 1.22 2002 2003 1.23 TRANSFERS FROM OTHER FUNDS $ .,...,... $ .,...,... 1.24 APPROPRIATION REDUCTIONS .,...,... ..,...,... 1.25 FEE REVENUE ...,... ...,... 1.26 SUMMARY BY FUND 2.1 2002 2003 2.2 General $ .,...,... $ ..,...,... 2.3 Special Revenue ...,... ...,... 2.4 APPROPRIATIONS 2.5 2002 2003 2.6 Sec. 2. SUPREME COURT ...,... .,...,... 2.7 Sec. 3. COURTS 2.8 Sec. 4. COURT OF APPEALS ...,... ...,... 2.9 Sec. 5. DISTRICT COURTS ...,... .,...,... 2.10 Sec. 6. HUMAN RIGHTS ...,... ...,... 2.11 Sec. 7. CRIME VICTIM OMBUDSMAN ...,... ...,... 2.12 Sec. 8. BOARD OF PUBLIC 2.13 DEFENSE ...,... .,...,... 2.14 Sec. 9. CORRECTIONS 2.15 Subdivision 1. Total 2.16 Appropriation Changes .,...,... .,...,... 2.17 Subd. 2. Adult Institutions .,...,... .,...,... 2.18 Subd. 3. Juvenile Services ...,... ...,... 2.19 Subd. 4. Community Services ...,... .,...,... 2.20 Sec. 10. PUBLIC SAFETY 2.21 Subdivision 1. Total 2.22 Appropriation Reductions .,...,... .,...,... 2.23 Subd. 2. Emergency Management .,...,... ...,... 2.24 Subd. 3. Fire Marshal ...,... ...,... 2.25 Subd. 4. Alcohol and Gambling 2.26 Enforcement ...,... ...,... 2.27 Subd. 5. Crime Victims 2.28 Services Center ...,... .,...,... 2.29 Subd. 6. Law Enforcement 2.30 and Community Grants .,...,... ...,... 2.31 Sec. 11. SENTENCING GUIDELINES 2.32 COMMISSION ...,... 2.33 Sec. 12. BOARD OF PEACE OFFICER 2.34 STANDARDS AND TRAINING .,...,... .,...,... 2.35 Sec. 13. Laws 2001, First Special Session chapter 8, 2.36 article 4, section 11, is amended to read: 2.37 Sec. 11. BOARD OF PEACE OFFICER 2.38 STANDARDS AND TRAINING4,692,0004,724,0002.39 .,...,... .,...,... 2.40 [PEACE OFFICER TRAINING ACCOUNT.] This 2.41 appropriation is from the peace officer 2.42 training account in the special revenue 2.43 fund. Any receipts credited to the 3.1 peace officer training account in the 3.2 special revenue fund in the first year 3.3 in excess of$4,692,000$4,223,000 must 3.4 be transferred and credited to the 3.5 general fund. Any receipts credited to 3.6 the peace officer training account in 3.7 the special revenue fund in the second 3.8 year in excess of$4,724,000$4,252,000 3.9 must be transferred and credited to the 3.10 general fund. 3.11 ARTICLE 2 3.12 TECHNICAL CORRECTIONS 3.13 Section 1. Laws 2001, First Special Session chapter 8, 3.14 article 4, section 10, subdivision 1, is amended to read: 3.15 Subdivision 1. Total 3.16 Appropriation88,001,00084,299,0003.17 87,851,000 84,149,000 3.18 Summary by Fund 3.19 2002 2003 3.20 General84,919,00081,195,0003.21 84,769,000 81,045,000 3.22 Special Revenue 2,674,000 2,687,000 3.23 State Government 3.24 Special Revenue 7,000 7,000 3.25 Environmental 47,000 49,000 3.26 Trunk Highway 354,000 361,000 3.27 [APPROPRIATIONS FOR PROGRAMS.] The 3.28 amounts that may be spent from this 3.29 appropriation for each program are 3.30 specified in the following subdivisions. 3.31 [DWI PENALTY FUNDS.] The commissioners 3.32 of public safety and transportation 3.33 must jointly report annually to the 3.34 chairs and ranking minority members of 3.35 the house of representatives and senate 3.36 committees having jurisdiction over 3.37 transportation and public safety 3.38 finance issues on the expenditure of 3.39 any federal funds available under the 3.40 repeat offender transfer program, 3.41 Public Law Number 105-206, section 164. 3.42 Sec. 2. Laws 2001, First Special Session chapter 8, 3.43 article 4, section 10, subdivision 7, is amended to read: 3.44 Subd. 7. Law Enforcement 3.45 and Community Grants 3.46 Summary by Fund 3.47 General6,942,0006,136,0003.48 6,792,000 5,986,000 4.1 Special Revenue 2,130,000 2,130,000 4.2 [UNENCUMBERED BALANCES.] Any 4.3 unencumbered balances remaining in the 4.4 first year do not cancel but are 4.5 available for the second year. 4.6 [ENCUMBERED BALANCES.] Notwithstanding 4.7 Minnesota Statutes, section 16A.28, 4.8 appropriations encumbered under 4.9 contract on or before June 30 each year 4.10 are available until the following June 4.11 30. 4.12 [SPECIAL REVENUE; RACIAL PROFILING.] 4.13 The appropriation from the special 4.14 revenue account must be spent according 4.15 to article 7, section 14. 4.16 [FUNDING TO COMBAT METHAMPHETAMINE 4.17 TRAFFICKING AND PRODUCTION.] $471,000 4.18 the first year is a onetime 4.19 appropriation for grants under 4.20 Minnesota Statutes, section 299C.065, 4.21 subdivision 1, clause (1), including 4.22 grants to the bureau of criminal 4.23 apprehension for increased law 4.24 enforcement costs relating to 4.25 methamphetamine trafficking and 4.26 production. Grant recipients must be 4.27 chosen by the office of drug policy and 4.28 violence prevention after consulting 4.29 with the narcotics enforcement 4.30 coordinating committee. Grants to drug 4.31 task force agencies must be allocated 4.32 in a balanced manner among rural, 4.33 suburban, and urban agencies. Grants 4.34 may be awarded and used for the 4.35 following items relating to clandestine 4.36 methamphetamine labs: 4.37 (1) increased general law enforcement 4.38 costs; 4.39 (2) training materials and public 4.40 awareness publications; 4.41 (3) peace officer training courses, 4.42 certification, and equipment; and 4.43 (4) reimbursements to law enforcement 4.44 agencies for extraordinary or unusual 4.45 overtime and investigative expenses. 4.46 Grants must not be used for 4.47 methamphetamine lab site cleanup or 4.48 disposal of seized equipment or 4.49 chemicals. Additionally, grants must 4.50 not supplant current local spending or 4.51 other state or federal grants allocated 4.52 by the commissioner for similar 4.53 purposes. 4.54 [GANG STRIKE FORCE GRANTS.] $750,000 4.55 the first year and $750,000 the second 4.56 year are onetime appropriations for 4.57 criminal gang strike force grants under 4.58 Minnesota Statutes, section 299A.66. 4.59 The commissioner of public safety must 4.60 provide direct administrative and 4.61 fiscal oversight for all grants awarded 5.1 under Minnesota Statutes, section 5.2 299A.66. 5.3 [USE OF BYRNE GRANTS.] The commissioner 5.4 must consider using a portion of 5.5 federal Byrne grant funds for grants to: 5.6 (1) the center for reducing rural 5.7 violence; 5.8 (2) organizations or agencies that 5.9 provide gang prevention services, such 5.10 as the boys and girls club, the youth 5.11 experiencing alternatives (YEA) 5.12 program, the police athletic league, 5.13 agencies eligible for Asian-American 5.14 juvenile crime intervention and 5.15 prevention grants under Minnesota 5.16 Statutes, section 299A.2994, 5.17 subdivision 3, clause (2), or other 5.18 similar organizations; and 5.19 (3) continue funding the pilot project 5.20 to provide neighborhood-based services 5.21 to crime victims and witnesses funded 5.22 in Laws 1999, chapter 216, article 1, 5.23 section 8, subdivision 3, and described 5.24 in Laws 1999, chapter 216, article 2, 5.25 section 23. 5.26 [JOINT DOMESTIC ABUSE PROSECUTION 5.27 UNIT.] $197,000 the first year is a 5.28 onetime appropriation for a grant to 5.29 the Ramsey county attorney's office to 5.30 continue funding the joint domestic 5.31 abuse prosecution unit. This 5.32 appropriation is available until June 5.33 30, 2003. 5.34 The Ramsey county attorney's office and 5.35 the St. Paul city attorney's office 5.36 shall continue the joint domestic abuse 5.37 prosecution unit pilot project 5.38 established by the legislature under 5.39 Laws 2000, chapters 471, section 3; and 5.40 488, article 6, section 10. The 5.41 appropriation must be used to continue 5.42 the pilot project beyond its first year 5.43 of operation and allow a meaningful 5.44 evaluation that will benefit other 5.45 jurisdictions in Minnesota. The unit 5.46 has authority to prosecute 5.47 misdemeanors, gross misdemeanors, and 5.48 felonies. The unit shall also 5.49 coordinate efforts with child 5.50 protection attorneys. The unit may 5.51 include four cross-deputized assistant 5.52 city attorneys and assistant county 5.53 attorneys and a police investigator. A 5.54 victim/witness advocate, a law clerk, a 5.55 paralegal, and a secretary may provide 5.56 support. 5.57 The goals of this pilot project are to: 5.58 (1) recognize children as both victims 5.59 and witnesses in domestic abuse 5.60 situations; 5.61 (2) recognize and respect the interests 5.62 of children in the prosecution of 6.1 domestic abuse; and 6.2 (3) reduce the exposure to domestic 6.3 violence for both adult and child 6.4 victims. 6.5 By January 15, 2002, the Ramsey county 6.6 attorney's office and the St. Paul city 6.7 attorney's office shall report to the 6.8 chairs and ranking minority members of 6.9 the senate and house of representatives 6.10 committees and divisions having 6.11 jurisdiction over criminal justice 6.12 policy and funding on the pilot 6.13 project. The report may include the 6.14 number and types of cases referred, the 6.15 number of cases charged, the outcome of 6.16 cases, and other relevant outcome 6.17 measures. 6.18 [COPS, HEAT, AND FINANCIAL CRIMES 6.19 INVESTIGATION UNIT GRANTS.] $250,000 6.20 the first year and $250,000 the second 6.21 year are onetime appropriations for 6.22 grants under either Minnesota Statutes, 6.23 section 299A.62 or 299A.68. Grants 6.24 awarded from this appropriation under 6.25 Minnesota Statutes, section 299A.62, 6.26 are for overtime for peace officers. 6.27 Of the total grants awarded from this 6.28 appropriation under Minnesota Statutes, 6.29 section 299A.62, 50 percent must go to 6.30 the St. Paul and Minneapolis police 6.31 departments and 50 percent must go to 6.32 other law enforcement agencies 6.33 statewide. Any amounts from this 6.34 appropriation awarded to the St. Paul 6.35 police department must be used to 6.36 increase the current degree of 6.37 implementation of the HEAT law 6.38 enforcement strategy. The HEAT law 6.39 enforcement strategy must be a 6.40 community-driven strategic initiative 6.41 that is used to target criminal conduct 6.42 in specific areas of St. Paul with 6.43 higher crime rates than the city 6.44 average. It must target offenders 6.45 based upon their criminal behavior and 6.46 not other factors and be planned and 6.47 implemented taking into consideration 6.48 the wishes of the targeted communities. 6.49 Grants awarded under Minnesota 6.50 Statutes, section 299A.68, may be used 6.51 to cover costs for salaries, equipment, 6.52 office space, and other necessary 6.53 services or expenses of a financial 6.54 crimes investigation task force. The 6.55 commissioner must distribute the grants 6.56 in a manner designed to be equitable to 6.57 the grantees given their contributions 6.58 to the investigation task force and to 6.59 encourage their continued participation. 6.60 Participating local units of government 6.61 must provide a 25 percent match from 6.62 nonstate funds or in-kind contributions 6.63 either directly from their budgets or 6.64 from businesses directly donating 6.65 support in order for the financial 6.66 crimes investigation task force to 6.67 obtain any grant funding under 6.68 Minnesota Statutes, section 299A.68. 7.1 This appropriation is available until 7.2 June 30, 2003. 7.3 [MODEL POLICING PROGRAM; MENTAL ILLNESS 7.4 CALLS.] $150,000 the first year is a 7.5 onetime appropriation for developing 7.6 and implementing up to four model 7.7 policing program pilot projects 7.8 required under Minnesota Statutes, 7.9 section 626.8441, subdivision 1, and to 7.10 produce required reports. 7.11 [AUTOMOBILE THEFT PREVENTION GRANTS.] 7.12 The commissioner may make grants under 7.13 Minnesota Statutes 2000, section 7.14 299A.75, to past grantees during the 7.15 time period before which the changes 7.16 made to that section in article 5, 7.17 sections 6 to 8, become operational. 7.18 [ADMINISTRATION COSTS.] Up to 2.5 7.19 percent of the grant funds appropriated 7.20 in this subdivision may be used to 7.21 administer the grant programs.