1.1                          A bill for an act 
  1.2             relating to criminal justice; providing for community 
  1.3             service in lieu of criminal fines in certain 
  1.4             instances; making technical corrections; amending 
  1.5             Minnesota Statutes 2000, section 609.101, subdivisions 
  1.6             2, 3, 4, 5. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 609.101, 
  1.9   subdivision 2, is amended to read: 
  1.10     Subd. 2.  [MINIMUM FINES.] Notwithstanding any other law, 
  1.11  when a court sentences a person convicted of violating section 
  1.12  609.221, 609.222, 609.223, 609.2231, 609.224, 609.2242, 609.267, 
  1.13  609.2671, 609.2672, 609.342, 609.343, 609.344, or 609.345, it 
  1.14  must impose a fine of not less than 30 percent of the maximum 
  1.15  fine authorized by law nor more than the maximum fine authorized 
  1.16  by law.  
  1.17     The court shall collect the portion of the fine mandated by 
  1.18  this subdivision and forward 70 percent of it to a local victim 
  1.19  assistance program that provides services locally in the county 
  1.20  in which the crime was committed.  The court shall forward the 
  1.21  remaining 30 percent to the commissioner of finance to be 
  1.22  credited to the general fund.  If more than one victim 
  1.23  assistance program serves the county in which the crime was 
  1.24  committed, the court may designate on a case-by-case basis which 
  1.25  program will receive the fine proceeds, giving consideration to 
  1.26  the nature of the crime committed, the types of victims served 
  2.1   by the program, and the funding needs of the program.  If no 
  2.2   victim assistance program serves that county, the court shall 
  2.3   forward 100 percent of the fine proceeds to the commissioner of 
  2.4   finance to be credited to the general fund.  Fine proceeds 
  2.5   received by a local victim assistance program must be used to 
  2.6   provide direct services to crime victims.  
  2.7      The minimum fine required by this subdivision is in 
  2.8   addition to the surcharge or assessment required by subdivision 
  2.9   1 section 357.021, subdivision 6, and is in addition to any 
  2.10  sentence of imprisonment or restitution imposed or ordered by 
  2.11  the court. 
  2.12     As used in this subdivision, "victim assistance program" 
  2.13  means victim witness programs within county attorney offices or 
  2.14  any of the following programs:  crime victim crisis centers, 
  2.15  victim-witness programs, battered women shelters and nonshelter 
  2.16  programs, and sexual assault programs. 
  2.17     Sec. 2.  Minnesota Statutes 2000, section 609.101, 
  2.18  subdivision 3, is amended to read: 
  2.19     Subd. 3.  [CONTROLLED SUBSTANCE OFFENSES; MINIMUM FINES.] 
  2.20  (a) Notwithstanding any other law, when a court sentences a 
  2.21  person convicted of a controlled substance crime under sections 
  2.22  152.021 to 152.025, it must impose a fine of not less than 30 
  2.23  percent of the maximum fine authorized by law nor more than the 
  2.24  maximum fine authorized by law. 
  2.25     (b) The minimum fine required by this subdivision is in 
  2.26  addition to the surcharge or assessment required by subdivision 
  2.27  1 section 357.021, subdivision 6, and is in addition to any 
  2.28  sentence of imprisonment or restitution imposed or ordered by 
  2.29  the court. 
  2.30     (c) The court shall collect the fine mandated by this 
  2.31  subdivision and forward 70 percent of it to a local drug abuse 
  2.32  prevention program existing or being implemented in the county 
  2.33  in which the crime was committed.  The court shall forward the 
  2.34  remaining 30 percent to the state treasurer to be credited to 
  2.35  the general fund.  If more than one drug abuse prevention 
  2.36  program serves the county in which the crime was committed, the 
  3.1   court may designate on a case-by-case basis which program will 
  3.2   receive the fine proceeds, giving consideration to the community 
  3.3   in which the crime was committed, the funding needs of the 
  3.4   program, the number of peace officers in each community 
  3.5   certified to teach the program, and the number of children 
  3.6   served by the program in each community.  If no drug abuse 
  3.7   prevention program serves communities in that county, the court 
  3.8   shall forward 100 percent of the fine proceeds to the state 
  3.9   treasurer to be credited to the general fund.  
  3.10     (d) The minimum fines required by this subdivision shall be 
  3.11  collected as are other fines.  Fine proceeds received by a local 
  3.12  drug abuse prevention program must be used to support that 
  3.13  program, and may be used for salaries of peace officers 
  3.14  certified to teach the program.  The drug abuse resistance 
  3.15  education program must report receipt and use of money generated 
  3.16  under this subdivision as prescribed by the drug abuse 
  3.17  resistance education advisory council. 
  3.18     (e) As used in this subdivision, "drug abuse prevention 
  3.19  program" and "program" include: 
  3.20     (1) the drug abuse resistance education program described 
  3.21  in sections 299A.33 and 299A.331; and 
  3.22     (2) any similar drug abuse education and prevention program 
  3.23  that includes the following components: 
  3.24     (A) instruction for students enrolled in kindergarten 
  3.25  through grade six that is designed to teach students to 
  3.26  recognize and resist pressures to experiment with controlled 
  3.27  substances and alcohol; 
  3.28     (B) provisions for parental involvement; 
  3.29     (C) classroom instruction by uniformed law enforcement 
  3.30  personnel; 
  3.31     (D) the use of positive student leaders to influence 
  3.32  younger students not to use drugs; and 
  3.33     (E) an emphasis on activity-oriented techniques designed to 
  3.34  encourage student-generated responses to problem-solving 
  3.35  situations. 
  3.36     Sec. 3.  Minnesota Statutes 2000, section 609.101, 
  4.1   subdivision 4, is amended to read: 
  4.2      Subd. 4.  [MINIMUM FINES; OTHER CRIMES.] Notwithstanding 
  4.3   any other law: 
  4.4      (1) when a court sentences a person convicted of a felony 
  4.5   that is not listed in subdivision 2 or 3, it must impose a fine 
  4.6   of not less than 30 percent of the maximum fine authorized by 
  4.7   law nor more than the maximum fine authorized by law; and 
  4.8      (2) when a court sentences a person convicted of a gross 
  4.9   misdemeanor or misdemeanor that is not listed in subdivision 2, 
  4.10  it must impose a fine of not less than 30 percent of the maximum 
  4.11  fine authorized by law nor more than the maximum fine authorized 
  4.12  by law, unless the fine is set at a lower amount on a uniform 
  4.13  fine schedule established by the conference of chief judges in 
  4.14  consultation with affected state and local agencies.  This 
  4.15  schedule shall be promulgated not later than January 1 of each 
  4.16  year and shall become effective on August 1 of that year unless 
  4.17  the legislature, by law, provides otherwise. 
  4.18     The minimum fine required by this subdivision is in 
  4.19  addition to the surcharge or assessment required by subdivision 
  4.20  1 section 357.021, subdivision 6, and is in addition to any 
  4.21  sentence of imprisonment or restitution imposed or ordered by 
  4.22  the court. 
  4.23     The court shall collect the fines mandated in this 
  4.24  subdivision and, except for fines for traffic and motor vehicle 
  4.25  violations governed by section 169.871 and section 299D.03 and 
  4.26  fish and game violations governed by section 97A.065, forward 20 
  4.27  percent of the revenues to the state treasurer for deposit in 
  4.28  the general fund. 
  4.29     Sec. 4.  Minnesota Statutes 2000, section 609.101, 
  4.30  subdivision 5, is amended to read: 
  4.31     Subd. 5.  [WAIVER PROHIBITED; REDUCTION AND INSTALLMENT 
  4.32  PAYMENTS.] (a) The court may not waive payment of the minimum 
  4.33  fine required by this section.  
  4.34     (b) If the defendant qualifies for the services of a public 
  4.35  defender or the court finds on the record that the convicted 
  4.36  person is indigent or that immediate payment of the fine would 
  5.1   create undue hardship for the convicted person or that person's 
  5.2   immediate family, the court may reduce the amount of the minimum 
  5.3   fine to not less than $50.  Additionally, the court may permit 
  5.4   the defendant to perform community work service in lieu of a 
  5.5   fine. 
  5.6      (c) The court also may authorize payment of the fine in 
  5.7   installments. 
  5.8      Sec. 5.  [EFFECTIVE DATE.] 
  5.9      Sections 1 to 4 are effective August 1, 2001, and apply to 
  5.10  crimes committed on or after that date.