Minnesota Legislature
HF 4077
1st Committee Engrossment - 85th Legislature (2007 - 2008) Posted on 12/22/2009 12:39pm
KEY: stricken = removed, old language.
underscored = added, new language.
Current Version - 1st Committee Engrossment
1.2relating to public safety; reducing funding for the courts, Board of Public
1.3Defense, public safety programs, human rights, corrections and Peace Officer
1.4Standards and Training (POST) Board; providing for a working group on
1.5state-controlled substance laws; requiring a report; appropriating money to match
1.6FEMA money received for natural disaster assistance payments;amending Laws
1.72007, chapter 54, article 1, section 11.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.10 The amounts shown in this section summarize the direct appropriations, by fund,
1.11made in this act.
1.17 The sums shown in the columns marked "Appropriations" are added to or, if shown
1.18in parentheses, subtracted from the appropriations in Laws 2007, chapter 54, article 1, to
1.19the agencies and for the purposes specified in this act. The appropriations are from the
1.20general fund, or another named fund, and are available for the fiscal years indicated for
1.21each purpose. The figures "2008" and "2009" used in this act mean that the addition to
1.22or subtraction from the appropriations listed under them are available for the fiscal year
1.23ending June 30, 2008, or June 30, 2009, respectively. Supplemental appropriations and
1.24reductions to appropriations for the fiscal year ending June 30, 2008, are effective the day
2.1following final enactment. "The first year" is fiscal year 2008. "The second year" is fiscal
2.2year 2009. "The biennium" is fiscal years 2008 and 2009.
2.8$650,000 in the second year is to reduce
2.9funding for Supreme Court operations.
2.10$128,000 in the second year is to reduce
2.11funding for civil legal services.
2.18$360,000 in the first year is to provide a
2.19match for FEMA money received for natural
2.20disaster assistance payments and is added
2.21to appropriations in Laws 2007, chapter 54,
2.22article 1, section 10, subdivision 2. This
2.23appropriation is available until June 30,
2.242010. This is a onetime appropriation.
2.25The appropriation from the general fund in
2.26the second year to reimburse local chemical
2.27assessment and hazardous materials teams
2.28when they respond to incidents is reduced
2.29by $40,000. Reimbursements up to $40,000
2.30per year are to be made from revenues in
3.1the special revenue fund from billings to
3.2responsible companies.
3.4$608,000 in the second year is to reduce the
3.5funding for CriMNet justice information
3.6integration. The base is reduced by an
3.7additional $209,000 in fiscal year 2010 and
3.8each year after.
3.9The general fund appropriation includes
3.10a reduction of $100,000 in fiscal year
3.112009. This reduction may be applied to
3.12any program funded under Laws 2007,
3.13chapter 54, article 1, section 10, with the
3.14exception of Office of Justice Programs and
3.15forensic lab scientists. All budget reductions
3.16should be made with an emphasis on cutting
3.17administration and overhead expenses, with
3.18as little impact as possible on programs and
3.19services.
3.21By May 1, 2009, $1,000,000 must be
3.22transferred from the fire marshal account in
3.23the special revenue fund to the general fund.
3.25$350,000 in the second year are reductions
3.26for grants to the Financial Crimes Task Force.
3.27The base is reduced by an additional $10,000
3.28in fiscal year 2010 and each year after.
3.29$500,000 in the second year are for
3.30reductions in squad car cameras.
3.32This reduction is from Laws 2007, chapter
3.3354, article 1, section 13.
4.5This reduction is from Laws 2007, chapter
4.654, article 1, section 14, subdivision 3.
4.8This reduction is from Laws 2007, chapter
4.954, article 1, section 14, subdivision 3.
4.11This reduction is from Laws 2007, chapter
4.1254, article 1, section 14, subdivision 4.
4.13The base is reduced by an additional $56,000
4.14in fiscal year 2010 and each year after.
4.15 Sec. 10. Laws 2007, chapter 54, article 1, section 11, is amended to read:
4.18Excess Amounts Transferred. This
4.19appropriation is from the peace officer
4.20training account in the special revenue fund.
4.21Any new receipts credited to that account
4.22in the first year in excess of$4,296,000
4.23$4,271,000 must be transferred and credited
4.24to the general fund. Any new receipts
4.25credited to that account in the second year
4.26in excess of$4,278,000 $4,328,000 must be
4.27transferred and credited to the general fund.
4.28Peace Officer Training Reimbursements.
4.29$3,159,000 the first year and $ 3,159,000 the
4.30second year are for reimbursements to local
4.31governments for peace officer training costs.
5.1No Contact Orders. The board shall: (1)
5.2revise and update preservice courses and
5.3develop in-service training courses related
5.4to no contact orders in domestic violence
5.5cases and domestic violence dynamics; and
5.6(2) reimburse peace officers who have taken
5.7training courses described in clause (1).
5.8At a minimum, the training must include
5.9instruction in the laws relating to no contact
5.10orders and address how to best coordinate
5.11law enforcement resources relating to no
5.12contact orders. In addition, the training
5.13must include a component to instruct peace
5.14officers on doing risk assessments of the
5.15escalating factors of lethality in domestic
5.16violence cases. The board must consult with
5.17a statewide domestic violence organization
5.18in developing training courses. The board
5.19shall utilize a request for proposal process in
5.20awarding training contracts. The recipient
5.21of the training contract must conduct these
5.22trainings with advocates or instructors from
5.23a statewide domestic violence organization.
5.24Beginning on January 1, 2008, the board may
5.25not approve an in-service training course
5.26relating to domestic abuse that does not
5.27comply with this section.
5.28 Sec. 11. WORKING GROUP ON CONTROLLED SUBSTANCE LAWS;
5.29REPORT TO LEGISLATURE.
5.30 Subdivision 1. Establishment; membership; staff. (a) By July 1, 2008, the chair
5.31of the house Public Safety Finance Division and the chair of the senate Public Safety
5.32Budget Division shall jointly appoint a working group on the state's controlled substance
5.33laws. The working group shall include:
5.34 (1) two representatives of the Minnesota County Attorneys Association;
5.35 (2) two representatives of the Board of Public Defense;
6.1 (3) three representatives of state law enforcement associations, including one
6.2sheriff, one chief of police, and one member of the Minnesota Police and Peace Officers
6.3Association;
6.4 (4) two representatives of the Judicial Council;
6.5 (5) one representative from community corrections or probation;
6.6 (6) one expert in the fields of drug treatment and controlled substance laws;
6.7 (7) one individual who is not affiliated with any of the associations in clauses (1) to
6.8(6) and who has relevant experience related to sentencing policy or the criminal justice
6.9field; and
6.10 (8) two community members who reside in an area adversely affected by controlled
6.11substance crimes and violent crimes, one of whom is a member of a community crime
6.12prevention organization.
6.13 (b) Staff support for the working group shall be provided by the Sentencing
6.14Guidelines Commission.
6.15 Subd. 2. Subject matter. (a) The working group must review, assess, and make
6.16specific recommendations regarding the following alternatives for modification and
6.17application of Minnesota's controlled substance laws:
6.18 (1) revising the threshold amounts for Minnesota's controlled substance crimes;
6.19 (2) establishing a separate sentencing guidelines grid for drug offenses;
6.20 (3) establishing additional aggravating factors so as to target certain particularly
6.21dangerous offenders;
6.22 (4) revising the criminal history point calculations for repeat drug offenders;
6.23 (5) maximizing the use of deferred prosecutions for low-level drug offenders under
6.24Minnesota Statutes, section 152.18 throughout the state; and
6.25 (6) increasing the use of the early release program for nonviolent controlled
6.26substance offenders who successfully complete drug treatment while incarcerated as
6.27provided in Minnesota Statutes, section 244.055.
6.28 (b) As part of its review of the various possible reforms, the working group may
6.29also study and consider:
6.30 (1) the significance, if any, of current rates of departure from presumptive guidelines
6.31sentences for controlled substance crimes;
6.32 (2) the significance, if any, of current rates of departure from presumptive guidelines
6.33sentences for controlled substance crimes for identifiable categories of offenders;
6.34 (3) the impact that recent United States Supreme Court criminal sentencing decisions
6.35have on implementing further reform;
6.36 (4) the barriers to comparing Minnesota's sentencing data with data from other states;
7.1 (5) strategies for imposing probation and supervised release violations on drug
7.2offenders;
7.3 (6) strategies for increasing the efficacy of programs that are now available to treat
7.4drug offenders;
7.5 (7) the likely impact of any recommended change in policy upon victims of
7.6drug-related crimes and the neighborhoods in which these crimes occur;
7.7 (8) the likely impact of any recommended change in policy upon the efficacy of law
7.8enforcement, prosecution, public defender, or court personnel; or
7.9 (9) any other sentencing-related matter that the working group sees fit to consider.
7.10 Subd. 3. Report to legislature. The working group shall report its findings and
7.11recommendations to the chair of the house Public Safety Finance Division and the chair of
7.12the senate Public Safety Budget Division by January 16, 2009.
7.13EFFECTIVE DATE.This section is effective the day following final enactment.
1.3Defense, public safety programs, human rights, corrections and Peace Officer
1.4Standards and Training (POST) Board; providing for a working group on
1.5state-controlled substance laws; requiring a report; appropriating money to match
1.6FEMA money received for natural disaster assistance payments;amending Laws
1.72007, chapter 54, article 1, section 11.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
| 1.9 |
Section 1. SUMMARY OF APPROPRIATIONS. |
||||||
1.11made in this act.
| 1.12 |
2008 |
2009 |
Total |
||||
| 1.13 |
General |
$ |
360,000 |
$ |
(10,408,000) |
$ |
(10,048,000) |
| 1.14 |
Special Revenue Fund |
(25,000) |
50,000 |
25,000 |
|||
| 1.15 |
Total |
$ |
335,000 |
$ |
(10,358,000) |
$ |
(10,023,000) |
| 1.16 |
Sec. 2. SUMMARY OF APPROPRIATIONS. |
||||||
1.18in parentheses, subtracted from the appropriations in Laws 2007, chapter 54, article 1, to
1.19the agencies and for the purposes specified in this act. The appropriations are from the
1.20general fund, or another named fund, and are available for the fiscal years indicated for
1.21each purpose. The figures "2008" and "2009" used in this act mean that the addition to
1.22or subtraction from the appropriations listed under them are available for the fiscal year
1.23ending June 30, 2008, or June 30, 2009, respectively. Supplemental appropriations and
1.24reductions to appropriations for the fiscal year ending June 30, 2008, are effective the day
2.1following final enactment. "The first year" is fiscal year 2008. "The second year" is fiscal
2.2year 2009. "The biennium" is fiscal years 2008 and 2009.
| 2.3 |
APPROPRIATIONS |
||||||
| 2.4 |
Available for the Year |
||||||
| 2.5 |
Ending June 30 |
||||||
| 2.6 |
2008 |
2009 |
|||||
| 2.7 |
Sec. 3. SUPREME COURT |
$ |
-0- |
$ |
(778,000) |
||
2.9funding for Supreme Court operations.
2.10$128,000 in the second year is to reduce
2.11funding for civil legal services.
| 2.12 |
Sec. 4. COURT OF APPEALS |
$ |
-0- |
$ |
(141,000) |
||
| 2.13 |
Sec. 5. DISTRICT COURTS |
$ |
-0- |
$ |
(3,608,000) |
||
| 2.14 |
Sec. 6. BOARD OF PUBLIC DEFENSE |
$ |
-0- |
$ |
(1,690,000) |
||
| 2.15 |
Sec. 7. PUBLIC SAFETY |
||||||
| 2.16 |
Subdivision 1.Total Appropriation |
$ |
360,000 |
$ |
(1,598,000) |
||
| 2.17 |
Subd. 2.Emergency Management |
360,000 |
(40,000) |
||||
2.19match for FEMA money received for natural
2.20disaster assistance payments and is added
2.21to appropriations in Laws 2007, chapter 54,
2.22article 1, section 10, subdivision 2. This
2.23appropriation is available until June 30,
2.242010. This is a onetime appropriation.
2.25The appropriation from the general fund in
2.26the second year to reimburse local chemical
2.27assessment and hazardous materials teams
2.28when they respond to incidents is reduced
2.29by $40,000. Reimbursements up to $40,000
2.30per year are to be made from revenues in
3.1the special revenue fund from billings to
3.2responsible companies.
| 3.3 |
Subd. 3.Criminal Apprehension |
-0- |
(708,000) |
||||
3.5funding for CriMNet justice information
3.6integration. The base is reduced by an
3.7additional $209,000 in fiscal year 2010 and
3.8each year after.
3.9The general fund appropriation includes
3.10a reduction of $100,000 in fiscal year
3.112009. This reduction may be applied to
3.12any program funded under Laws 2007,
3.13chapter 54, article 1, section 10, with the
3.14exception of Office of Justice Programs and
3.15forensic lab scientists. All budget reductions
3.16should be made with an emphasis on cutting
3.17administration and overhead expenses, with
3.18as little impact as possible on programs and
3.19services.
| 3.20 |
Subd. 4.Fire Marshal |
||||||
3.22transferred from the fire marshal account in
3.23the special revenue fund to the general fund.
| 3.24 |
Subd. 5.Office of Justice Programs |
-0- |
(850,000) |
||||
3.26for grants to the Financial Crimes Task Force.
3.27The base is reduced by an additional $10,000
3.28in fiscal year 2010 and each year after.
3.29$500,000 in the second year are for
3.30reductions in squad car cameras.
| 3.31 |
Sec. 8. HUMAN RIGHTS |
$ |
-0- |
$ |
(149,000) |
||
3.3354, article 1, section 13.
| 4.1 |
Sec. 9. DEPARTMENT OF CORRECTIONS |
||||||
| 4.2 |
Subdivision 1.Total Appropriation |
$ |
-0- |
$ |
(2,444,000) |
||
| 4.3 |
Subd. 2.Community Services |
-0- |
(2,100,000) |
||||
| 4.4 |
Short-Term Offenders |
-0- |
(1,500,000) |
||||
4.654, article 1, section 14, subdivision 3.
| 4.7 |
Sentencing to Service |
-0- |
(600,000) |
||||
4.954, article 1, section 14, subdivision 3.
| 4.10 |
Subd. 3.Operations Support |
-0- |
(344,000) |
||||
4.1254, article 1, section 14, subdivision 4.
4.13The base is reduced by an additional $56,000
4.14in fiscal year 2010 and each year after.
4.15 Sec. 10. Laws 2007, chapter 54, article 1, section 11, is amended to read:
| 4.16 4.17 |
Sec. 11. PEACE OFFICER STANDARDS AND TRAINING (POST) BOARD |
$ |
4,271,000 |
$ |
4,328,000 |
||
4.19appropriation is from the peace officer
4.20training account in the special revenue fund.
4.21Any new receipts credited to that account
4.22in the first year in excess of
4.23$4,271,000 must be transferred and credited
4.24to the general fund. Any new receipts
4.25credited to that account in the second year
4.26in excess of
4.27transferred and credited to the general fund.
4.28Peace Officer Training Reimbursements.
4.29$3,159,000 the first year and $ 3,159,000 the
4.30second year are for reimbursements to local
4.31governments for peace officer training costs.
5.1No Contact Orders. The board shall: (1)
5.2revise and update preservice courses and
5.3develop in-service training courses related
5.4to no contact orders in domestic violence
5.5cases and domestic violence dynamics; and
5.6(2) reimburse peace officers who have taken
5.7training courses described in clause (1).
5.8At a minimum, the training must include
5.9instruction in the laws relating to no contact
5.10orders and address how to best coordinate
5.11law enforcement resources relating to no
5.12contact orders. In addition, the training
5.13must include a component to instruct peace
5.14officers on doing risk assessments of the
5.15escalating factors of lethality in domestic
5.16violence cases. The board must consult with
5.17a statewide domestic violence organization
5.18in developing training courses. The board
5.19shall utilize a request for proposal process in
5.20awarding training contracts. The recipient
5.21of the training contract must conduct these
5.22trainings with advocates or instructors from
5.23a statewide domestic violence organization.
5.24Beginning on January 1, 2008, the board may
5.25not approve an in-service training course
5.26relating to domestic abuse that does not
5.27comply with this section.
5.28 Sec. 11. WORKING GROUP ON CONTROLLED SUBSTANCE LAWS;
5.29REPORT TO LEGISLATURE.
5.30 Subdivision 1. Establishment; membership; staff. (a) By July 1, 2008, the chair
5.31of the house Public Safety Finance Division and the chair of the senate Public Safety
5.32Budget Division shall jointly appoint a working group on the state's controlled substance
5.33laws. The working group shall include:
5.34 (1) two representatives of the Minnesota County Attorneys Association;
5.35 (2) two representatives of the Board of Public Defense;
6.1 (3) three representatives of state law enforcement associations, including one
6.2sheriff, one chief of police, and one member of the Minnesota Police and Peace Officers
6.3Association;
6.4 (4) two representatives of the Judicial Council;
6.5 (5) one representative from community corrections or probation;
6.6 (6) one expert in the fields of drug treatment and controlled substance laws;
6.7 (7) one individual who is not affiliated with any of the associations in clauses (1) to
6.8(6) and who has relevant experience related to sentencing policy or the criminal justice
6.9field; and
6.10 (8) two community members who reside in an area adversely affected by controlled
6.11substance crimes and violent crimes, one of whom is a member of a community crime
6.12prevention organization.
6.13 (b) Staff support for the working group shall be provided by the Sentencing
6.14Guidelines Commission.
6.15 Subd. 2. Subject matter. (a) The working group must review, assess, and make
6.16specific recommendations regarding the following alternatives for modification and
6.17application of Minnesota's controlled substance laws:
6.18 (1) revising the threshold amounts for Minnesota's controlled substance crimes;
6.19 (2) establishing a separate sentencing guidelines grid for drug offenses;
6.20 (3) establishing additional aggravating factors so as to target certain particularly
6.21dangerous offenders;
6.22 (4) revising the criminal history point calculations for repeat drug offenders;
6.23 (5) maximizing the use of deferred prosecutions for low-level drug offenders under
6.24Minnesota Statutes, section 152.18 throughout the state; and
6.25 (6) increasing the use of the early release program for nonviolent controlled
6.26substance offenders who successfully complete drug treatment while incarcerated as
6.27provided in Minnesota Statutes, section 244.055.
6.28 (b) As part of its review of the various possible reforms, the working group may
6.29also study and consider:
6.30 (1) the significance, if any, of current rates of departure from presumptive guidelines
6.31sentences for controlled substance crimes;
6.32 (2) the significance, if any, of current rates of departure from presumptive guidelines
6.33sentences for controlled substance crimes for identifiable categories of offenders;
6.34 (3) the impact that recent United States Supreme Court criminal sentencing decisions
6.35have on implementing further reform;
6.36 (4) the barriers to comparing Minnesota's sentencing data with data from other states;
7.1 (5) strategies for imposing probation and supervised release violations on drug
7.2offenders;
7.3 (6) strategies for increasing the efficacy of programs that are now available to treat
7.4drug offenders;
7.5 (7) the likely impact of any recommended change in policy upon victims of
7.6drug-related crimes and the neighborhoods in which these crimes occur;
7.7 (8) the likely impact of any recommended change in policy upon the efficacy of law
7.8enforcement, prosecution, public defender, or court personnel; or
7.9 (9) any other sentencing-related matter that the working group sees fit to consider.
7.10 Subd. 3. Report to legislature. The working group shall report its findings and
7.11recommendations to the chair of the house Public Safety Finance Division and the chair of
7.12the senate Public Safety Budget Division by January 16, 2009.
7.13EFFECTIVE DATE.This section is effective the day following final enactment.