1.1                          A bill for an act
  1.2             relating to crime; establishing a felony level driving 
  1.3             while impaired offense; requiring health plans to 
  1.4             cover chemical dependency treatment for impaired 
  1.5             driving offenders in certain instances; amending 
  1.6             Minnesota Statutes 2000, sections 169A.07; 169A.20, 
  1.7             subdivision 3; 169A.25; 169A.26; 169A.27; 169A.275; 
  1.8             169A.283, subdivision 1; 169A.40, subdivision 3; 
  1.9             169A.63, subdivision 1; 244.18, subdivision 1; 
  1.10            proposing coding for new law in Minnesota Statutes, 
  1.11            chapters 62Q; 169A. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  [62Q.137] [COVERAGE FOR CHEMICAL DEPENDENCY 
  1.14  TREATMENT PROVIDED BY THE DEPARTMENT OF CORRECTIONS.] 
  1.15     (a) Any health plan that provides coverage for chemical 
  1.16  dependency treatment must cover chemical dependency treatment 
  1.17  provided to an enrollee by the department of corrections while 
  1.18  the enrollee is committed to the custody of the commissioner of 
  1.19  corrections following a conviction for a first-degree driving 
  1.20  while impaired offense under section 169A.24 if:  (1) a court of 
  1.21  competent jurisdiction makes a preliminary determination based 
  1.22  on a chemical use assessment conducted under section 169A.70 
  1.23  that treatment may be appropriate and includes this 
  1.24  determination as part of the sentencing order; and (2) the 
  1.25  department of corrections makes a determination based on a 
  1.26  chemical assessment conducted while the individual is in the 
  1.27  custody of the department that treatment is appropriate.  
  1.28  Treatment provided by the department of corrections that meets 
  2.1   the requirements of this section shall not be subject to a 
  2.2   separate medical necessity determination under the health plan 
  2.3   company's utilization review procedures.  
  2.4      (b) The health plan company must be given a copy of the 
  2.5   court's preliminary determination and supporting documents and 
  2.6   the assessment conducted by the department of corrections.  
  2.7      (c) Payment rates for treatment provided by the department 
  2.8   of corrections shall not exceed the lowest rate for outpatient 
  2.9   chemical dependency treatment paid by the health plan company to 
  2.10  a participating provider of the health plan company.  
  2.11     (d) For purposes of this section, chemical dependency 
  2.12  treatment means all covered services that are intended to treat 
  2.13  chemical dependency and that are covered by the enrollee's 
  2.14  health plan or by law. 
  2.15     Sec. 2.  Minnesota Statutes 2000, section 169A.07, is 
  2.16  amended to read: 
  2.17     169A.07 [FIRST-TIME DWI VIOLATOR; OFF-ROAD RECREATIONAL 
  2.18  VEHICLE OR MOTORBOAT.] 
  2.19     A person who violates section 169A.20 (driving while 
  2.20  impaired) while using an off-road recreational vehicle or 
  2.21  motorboat and who does not have a qualified prior impaired 
  2.22  driving incident is subject only to the criminal penalty 
  2.23  provided in section 169A.25 (first-degree second-degree driving 
  2.24  while impaired), 169A.26 (second-degree third-degree driving 
  2.25  while impaired), or 169A.27 (third-degree fourth-degree driving 
  2.26  while impaired); and loss of operating privileges as provided in 
  2.27  section 84.91, subdivision 1 (operation of snowmobiles or 
  2.28  all-terrain vehicles by persons under the influence of alcohol 
  2.29  or controlled substances), or 86B.331, subdivision 1 (operation 
  2.30  of motorboats while using alcohol or with a physical or mental 
  2.31  disability), whichever is applicable.  The person is not subject 
  2.32  to the provisions of section 169A.275, subdivision 5, 
  2.33  (submission to the level of care recommended in chemical use 
  2.34  assessment for repeat offenders and offenders with alcohol 
  2.35  concentration of 0.20 or more); 169A.277 (long-term monitoring); 
  2.36  169A.285 (penalty assessment); 169A.44 (conditional release); 
  3.1   169A.54 (impaired driving convictions and adjudications; 
  3.2   administrative penalties); or 169A.54, subdivision 11 (chemical 
  3.3   use assessment); the license revocation sanctions of sections 
  3.4   169A.50 to 169A.53 (implied consent law); or the plate 
  3.5   impoundment provisions of section 169A.60 (administrative 
  3.6   impoundment of plates). 
  3.7      Sec. 3.  Minnesota Statutes 2000, section 169A.20, 
  3.8   subdivision 3, is amended to read: 
  3.9      Subd. 3.  [SENTENCE.] A person who violates this section 
  3.10  may be sentenced as provided in section 169A.24 (first-degree 
  3.11  driving while impaired), 169A.25 (first-degree second-degree 
  3.12  driving while impaired), 169A.26 (second-degree third-degree 
  3.13  driving while impaired), or 169A.27 (third-degree fourth-degree 
  3.14  driving while impaired). 
  3.15     Sec. 4.  [169A.24] [FIRST-DEGREE DRIVING WHILE IMPAIRED.] 
  3.16     Subdivision 1.  [DEGREE DESCRIBED.] A person who violates 
  3.17  section 169A.20 (driving while impaired) is guilty of 
  3.18  first-degree driving while impaired if the person: 
  3.19     (1) commits the violation within ten years of the first of 
  3.20  three or more qualified prior impaired driving incidents; or 
  3.21     (2) has previously been convicted of a felony under this 
  3.22  section. 
  3.23     Subd. 2.  [CRIMINAL PENALTY.] A person who commits 
  3.24  first-degree driving while impaired is guilty of a felony and 
  3.25  may be sentenced to imprisonment for not more than seven years, 
  3.26  or to payment of a fine of not more than $14,000, or both.  The 
  3.27  person is subject to the mandatory penalties described in 
  3.28  section 169A.276 (mandatory penalties; felony violations). 
  3.29     Sec. 5.  Minnesota Statutes 2000, section 169A.25, is 
  3.30  amended to read: 
  3.31     169A.25 [FIRST-DEGREE SECOND-DEGREE DRIVING WHILE 
  3.32  IMPAIRED.] 
  3.33     Subdivision 1.  [DEGREE DESCRIBED.] A person who violates 
  3.34  section 169A.20 (driving while impaired) is guilty of 
  3.35  first-degree second-degree driving while impaired if two or more 
  3.36  aggravating factors were present when the violation was 
  4.1   committed. 
  4.2      Subd. 2.  [CRIMINAL PENALTY.] First-degree Second-degree 
  4.3   driving while impaired is a gross misdemeanor.  The mandatory 
  4.4   penalties described in section 169A.275 and the long-term 
  4.5   monitoring described in section 169A.277 may be applicable. 
  4.6      Sec. 6.  Minnesota Statutes 2000, section 169A.26, is 
  4.7   amended to read: 
  4.8      169A.26 [SECOND-DEGREE THIRD-DEGREE DRIVING WHILE 
  4.9   IMPAIRED.] 
  4.10     Subdivision 1.  [DEGREE DESCRIBED.] A person who violates 
  4.11  section 169A.20 (driving while impaired) is guilty of 
  4.12  second-degree third-degree driving while impaired if one 
  4.13  aggravating factor was present when the violation was committed. 
  4.14     Subd. 2.  [CRIMINAL PENALTY.] Second-degree Third-degree 
  4.15  driving while impaired is a gross misdemeanor.  The mandatory 
  4.16  penalties described in section 169A.275 and the long-term 
  4.17  monitoring described in section 169A.277 may be applicable. 
  4.18     Sec. 7.  Minnesota Statutes 2000, section 169A.27, is 
  4.19  amended to read: 
  4.20     169A.27 [THIRD-DEGREE FOURTH-DEGREE DRIVING WHILE 
  4.21  IMPAIRED.] 
  4.22     Subdivision 1.  [DEGREE DESCRIBED.] A person who violates 
  4.23  section 169A.20 (driving while impaired) is guilty of 
  4.24  third-degree fourth-degree driving while impaired. 
  4.25     Subd. 2.  [CRIMINAL PENALTY.] Third-degree Fourth-degree 
  4.26  driving while impaired is a misdemeanor. 
  4.27     Sec. 8.  Minnesota Statutes 2000, section 169A.275, is 
  4.28  amended to read: 
  4.29     169A.275 [MANDATORY PENALTIES; NONFELONY VIOLATIONS.] 
  4.30     Subdivision 1.  [SECOND OFFENSE.] (a) The court shall 
  4.31  sentence a person who is convicted of a violation of section 
  4.32  169A.20 (driving while impaired) within ten years of a qualified 
  4.33  prior impaired driving incident to either:  
  4.34     (1) a minimum of 30 days of incarceration, at least 48 
  4.35  hours of which must be served consecutively in a local 
  4.36  correctional facility; or 
  5.1      (2) eight hours of community work service for each day less 
  5.2   than 30 days that the person is ordered to serve in a local 
  5.3   correctional facility.  
  5.4   Notwithstanding section 609.135 (stay of imposition or execution 
  5.5   of sentence), the penalties in this paragraph must be executed, 
  5.6   unless the court departs from the mandatory minimum sentence 
  5.7   under paragraph (b) or (c). 
  5.8      (b) Prior to sentencing, the prosecutor may file a motion 
  5.9   to have a defendant described in paragraph (a) sentenced without 
  5.10  regard to the mandatory minimum sentence established by that 
  5.11  paragraph.  The motion must be accompanied by a statement on the 
  5.12  record of the reasons for it.  When presented with the 
  5.13  prosecutor's motion and if it finds that substantial mitigating 
  5.14  factors exist, the court shall sentence the defendant without 
  5.15  regard to the mandatory minimum sentence established by 
  5.16  paragraph (a).  
  5.17     (c) The court may, on its own motion, sentence a defendant 
  5.18  described in paragraph (a) without regard to the mandatory 
  5.19  minimum sentence established by that paragraph if it finds that 
  5.20  substantial mitigating factors exist and if its sentencing 
  5.21  departure is accompanied by a statement on the record of the 
  5.22  reasons for it.  The court also may sentence the defendant 
  5.23  without regard to the mandatory minimum sentence established by 
  5.24  paragraph (a) if the defendant is sentenced to probation and 
  5.25  ordered to participate in a program established under section 
  5.26  169A.74 (pilot programs of intensive probation for repeat DWI 
  5.27  offenders). 
  5.28     (d) When any portion of the sentence required by paragraph 
  5.29  (a) is not executed, the court should impose a sentence that is 
  5.30  proportional to the extent of the offender's prior criminal and 
  5.31  moving traffic violation record.  Any sentence required under 
  5.32  paragraph (a) must include a mandatory sentence that is not 
  5.33  subject to suspension or a stay of imposition or execution, and 
  5.34  that includes incarceration for not less than 48 consecutive 
  5.35  hours or at least 80 hours of community work service. 
  5.36     Subd. 2.  [THIRD OFFENSE.] (a) The court shall sentence a 
  6.1   person who is convicted of a violation of section 169A.20 
  6.2   (driving while impaired) within ten years of the first of two 
  6.3   qualified prior impaired driving incidents to either: 
  6.4      (1) a minimum of 90 days of incarceration, at least 30 days 
  6.5   of which must be served consecutively in a local correctional 
  6.6   facility; or 
  6.7      (2) a program of intensive supervision of the type 
  6.8   described in section 169A.74 (pilot programs of intensive 
  6.9   probation for repeat DWI offenders) that requires the person to 
  6.10  consecutively serve at least six days in a local correctional 
  6.11  facility.  
  6.12     (b) The court may order that the person serve not more than 
  6.13  60 days of the minimum penalty under paragraph (a), clause (1), 
  6.14  on home detention or in an intensive probation program described 
  6.15  in section 169A.74. 
  6.16     (c) Notwithstanding section 609.135, the penalties in this 
  6.17  subdivision must be imposed and executed. 
  6.18     Subd. 3.  [FOURTH OFFENSE.] (a) Unless the court commits 
  6.19  the person to the custody of the commissioner of corrections as 
  6.20  provided in section 169A.276 (mandatory penalties; felony 
  6.21  violations), the court shall sentence a person who is convicted 
  6.22  of a violation of section 169A.20 (driving while impaired) 
  6.23  within ten years of the first of three qualified prior impaired 
  6.24  driving incidents to either: 
  6.25     (1) a minimum of 180 days of incarceration, at least 30 
  6.26  days of which must be served consecutively in a local 
  6.27  correctional facility; or 
  6.28     (2) a program of intensive supervision of the type 
  6.29  described in section 169A.74 (pilot programs of intensive 
  6.30  probation for repeat DWI offenders) that requires the person to 
  6.31  consecutively serve at least six days in a local correctional 
  6.32  facility.  
  6.33     (b) The court may order that the person serve not more than 
  6.34  150 days of the minimum penalty under paragraph (a), clause (1), 
  6.35  on home detention or in an intensive probation program described 
  6.36  in section 169A.74.  Notwithstanding section 609.135, the 
  7.1   penalties in this subdivision must be imposed and executed. 
  7.2      Subd. 4.  [FIFTH OFFENSE OR MORE.] (a) Unless the court 
  7.3   commits the person to the custody of the commissioner of 
  7.4   corrections as provided in section 169A.276 (mandatory 
  7.5   penalties; felony violations), the court shall sentence a person 
  7.6   who is convicted of a violation of section 169A.20 (driving 
  7.7   while impaired) within ten years of the first of four or more 
  7.8   qualified prior impaired driving incidents to either: 
  7.9      (1) a minimum of one year of incarceration, at least 60 
  7.10  days of which must be served consecutively in a local 
  7.11  correctional facility; or 
  7.12     (2) a program of intensive supervision of the type 
  7.13  described in section 169A.74 (pilot programs of intensive 
  7.14  probation for repeat DWI offenders) that requires the person to 
  7.15  consecutively serve at least six days in a local correctional 
  7.16  facility.  
  7.17     (b) The court may order that the person serve the remainder 
  7.18  of the minimum penalty under paragraph (a), clause (1), on 
  7.19  intensive probation using an electronic monitoring system or, if 
  7.20  such a system is unavailable, on home detention.  
  7.21  Notwithstanding section 609.135, the penalties in this 
  7.22  subdivision must be imposed and executed. 
  7.23     Subd. 5.  [LEVEL OF CARE RECOMMENDED IN CHEMICAL USE 
  7.24  ASSESSMENT.] Unless the court commits the person to the custody 
  7.25  of the commissioner of corrections as provided in section 
  7.26  169A.276 (mandatory penalties; felony violations), in addition 
  7.27  to other penalties required under this section, the court shall 
  7.28  order a person to submit to the level of care recommended in the 
  7.29  chemical use assessment conducted under section 169A.70 (alcohol 
  7.30  safety program; chemical use assessments) if the person is 
  7.31  convicted of violating section 169A.20 (driving while impaired) 
  7.32  while having an alcohol concentration of 0.20 or more as 
  7.33  measured at the time, or within two hours of the time, of the 
  7.34  offense or if the violation occurs within ten years of one or 
  7.35  more qualified prior impaired driving incidents. 
  7.36     Sec. 9.  [169A.276] [MANDATORY PENALTIES; FELONY 
  8.1   VIOLATIONS.] 
  8.2      Subdivision 1.  [MANDATORY PRISON SENTENCE.] (a) The court 
  8.3   shall sentence a person who is convicted of a violation of 
  8.4   section 169A.20 (driving while impaired) under the circumstances 
  8.5   described in section 169A.24 (first-degree driving while 
  8.6   impaired) to imprisonment for not less than three years.  In 
  8.7   addition, the court may order the person to pay a fine of not 
  8.8   more than $14,000.  
  8.9      (b) The court may stay execution of this mandatory sentence 
  8.10  as provided in subdivision 2 (stay of mandatory sentence), but 
  8.11  may not stay imposition of the sentence or impose a sentence 
  8.12  that has a duration of less than three years. 
  8.13     (c) When the court commits a person to the custody of the 
  8.14  commissioner of corrections under this subdivision, it shall 
  8.15  require the commissioner to release the person before completion 
  8.16  of the person's term of imprisonment if the person: 
  8.17     (1) has served at least one-third of the executed sentence, 
  8.18  plus any disciplinary confinement time imposed for violating the 
  8.19  commissioner's rules or orders; and 
  8.20     (2) has successfully completed a chemical dependency 
  8.21  treatment program while in prison.  
  8.22  The chemical dependency treatment program described in clause (2)
  8.23  must meet the licensing standards contained in sections 245A.01 
  8.24  to 245A.06 (human services licensing). 
  8.25     (d) The court also shall provide that the commissioner may 
  8.26  release a person described in paragraph (c) up to 150 days 
  8.27  before having served one-third of the executed sentence if the 
  8.28  commissioner places the person in a productive day program 
  8.29  described in paragraph (i) administered or approved by the 
  8.30  commissioner for the remainder of the first one-third of the 
  8.31  executed sentence. 
  8.32     (e) A person who is granted release under paragraph (c) or 
  8.33  (d) shall serve the entire conditional release term imposed 
  8.34  under paragraph (g). 
  8.35     (f) Notwithstanding section 244.05 or any other law to the 
  8.36  contrary, a person who is committed to the custody of the 
  9.1   commissioner of corrections under this subdivision and who is 
  9.2   not released under paragraph (c) or (d), shall serve one-third 
  9.3   of the executed sentence in prison.  The person may be required 
  9.4   to serve up to an additional one-third of the executed sentence 
  9.5   in prison in disciplinary confinement time added for violating 
  9.6   the commissioner's rules or orders.  At the conclusion of the 
  9.7   person's imprisonment, the commissioner shall transfer the 
  9.8   person to the local corrections agency in the county where the 
  9.9   offender was convicted for incarceration in a local jail or 
  9.10  workhouse for 180 days, subject to section 643.29.  Following 
  9.11  incarceration at the jail or workhouse, the commissioner shall 
  9.12  place the person on supervised release for the remainder of the 
  9.13  executed sentence.  If the person violates supervised release, 
  9.14  the commissioner may revoke the person's supervised release and 
  9.15  order the person to serve all or part of the remaining portion 
  9.16  of the supervised release term in the jail or workhouse. 
  9.17     (g) Notwithstanding the statutory maximum sentence provided 
  9.18  in section 169A.24 (first-degree driving while impaired), when 
  9.19  the court commits a person to the custody of the commissioner of 
  9.20  corrections under this subdivision, it shall provide that after 
  9.21  the person has been released from incarceration the commissioner 
  9.22  shall place the person on conditional release for five years.  
  9.23  The commissioner shall impose any conditions of release that the 
  9.24  commissioner deems appropriate including, but not limited to, 
  9.25  successful completion of an intensive probation program as 
  9.26  described in section 169A.74 (pilot programs of intensive 
  9.27  probation for repeat DWI offenders).  If the person fails to 
  9.28  comply with any condition of release during a period that the 
  9.29  person is not also under supervised release under paragraph (f), 
  9.30  the commissioner may revoke the person's conditional release and 
  9.31  order the person to serve all or part of the remaining portion 
  9.32  of the conditional release term in prison.  If the person fails 
  9.33  to comply with any condition of release during a period that the 
  9.34  person is under supervised release under paragraph (f), the 
  9.35  provisions of paragraph (f) apply.  In addition, upon the 
  9.36  expiration of the supervised release term, the commissioner may 
 10.1   require that the person be transferred to a prison to serve all 
 10.2   or part of the remaining portion of the conditional release term 
 10.3   in prison.  The commissioner may not dismiss the person from 
 10.4   supervision before the conditional release term expires.  Except 
 10.5   as otherwise provided in this section, conditional release is 
 10.6   governed by provisions relating to supervised release. 
 10.7      (h) The failure of a court to comply with the provisions of 
 10.8   paragraphs (c), (d), and (g), relating to the conditions and 
 10.9   timing of an offender's release, does not affect the 
 10.10  applicability of those paragraphs to the offender. 
 10.11     (i) The commissioner shall require persons placed in a 
 10.12  productive day program under paragraph (d) and persons placed on 
 10.13  supervised or conditional release under this subdivision to pay 
 10.14  as much of the costs of the program as possible.  The 
 10.15  commissioner shall develop appropriate standards for this.  As 
 10.16  used in this paragraph, a productive day program must be modeled 
 10.17  on a work release program and require that the person work in a 
 10.18  paying job for at least 40 hours a week.  The person must be 
 10.19  supervised during this period.  The person must be returned to a 
 10.20  secure facility after the work is completed.  The commissioner 
 10.21  shall attempt, but is not required, to place persons in 
 10.22  productive day programs in areas near where they lived before 
 10.23  conviction. 
 10.24     Subd. 2.  [STAY OF MANDATORY SENTENCE.] The provisions of 
 10.25  sections 169A.275 (mandatory penalties; nonfelony violations), 
 10.26  subdivision 3 or 4, and subdivision 5, and 169A.283 (stay of 
 10.27  execution of sentence), apply if the court stays execution of 
 10.28  the sentence under subdivision 1 (mandatory prison sentence).  
 10.29  In addition, the provisions of section 169A.277 (long-term 
 10.30  monitoring) may apply.  
 10.31     Subd. 3.  [DRIVER'S LICENSE REVOCATION; NO STAY PERMITTED.] 
 10.32  The court may not stay the execution of the driver's license 
 10.33  revocation provisions of section 169A.54 (impaired driving 
 10.34  convictions and adjudications; administrative penalties). 
 10.35     Sec. 10.  Minnesota Statutes 2000, section 169A.283, 
 10.36  subdivision 1, is amended to read: 
 11.1      Subdivision 1.  [STAY AUTHORIZED.] Except as otherwise 
 11.2   provided in section sections 169A.275 (mandatory penalties; 
 11.3   nonfelony violations) and 169A.276 (mandatory penalties; felony 
 11.4   violations), when a court sentences a person convicted of a 
 11.5   violation of section 169A.20 (driving while impaired), the court 
 11.6   may stay execution of the criminal sentence described in section 
 11.7   169A.25 169A.24 (first-degree driving while impaired), 169A.26 
 11.8   169A.25 (second-degree driving while impaired), or 169A.27 
 11.9   169A.26 (third-degree driving while impaired), or 169A.27 
 11.10  (fourth-degree driving while impaired) on the condition that the 
 11.11  convicted person submit to the level of care recommended in the 
 11.12  chemical use assessment report required under section 169A.70 
 11.13  (alcohol safety programs; chemical use assessments).  If the 
 11.14  court does not order a level of care in accordance with the 
 11.15  assessment report recommendation as a condition of a stay of 
 11.16  execution, it shall state on the record its reasons for not 
 11.17  following the assessment report recommendation. 
 11.18     Sec. 11.  Minnesota Statutes 2000, section 169A.40, 
 11.19  subdivision 3, is amended to read: 
 11.20     Subd. 3.  [FIRST-DEGREE AND SECOND-DEGREE DWI OFFENDERS; 
 11.21  CUSTODIAL ARREST.] Notwithstanding rule 6.01 of the Rules of 
 11.22  Criminal Procedure, a peace officer acting without a warrant who 
 11.23  has decided to proceed with the prosecution of a person for 
 11.24  violating section 169A.20 (driving while impaired), shall arrest 
 11.25  and take the person into custody if the officer has reason to 
 11.26  believe the violation occurred under the circumstances described 
 11.27  in section 169A.24 (first-degree driving while impaired) or 
 11.28  169A.25 (first-degree second-degree driving while impaired).  
 11.29  The person shall be detained until the person's first court 
 11.30  appearance. 
 11.31     Sec. 12.  Minnesota Statutes 2000, section 169A.63, 
 11.32  subdivision 1, is amended to read: 
 11.33     Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
 11.34  the following terms have the meanings given them. 
 11.35     (b) "Appropriate agency" means a law enforcement agency 
 11.36  that has the authority to make an arrest for a violation of a 
 12.1   designated offense or to require a test under section 169A.51 
 12.2   (chemical tests for intoxication). 
 12.3      (c) "Designated license revocation" includes a license 
 12.4   revocation under section 169A.52 (license revocation for test 
 12.5   failure or refusal) or a license disqualification under section 
 12.6   171.165 (commercial driver's license disqualification) resulting 
 12.7   from a violation of section 169A.52; within ten years of the 
 12.8   first of two or more qualified prior impaired driving incidents. 
 12.9      (d) "Designated offense" includes: 
 12.10     (1) a violation of section 169A.20 (driving while impaired) 
 12.11  under the circumstances described in section 169A.24 
 12.12  (first-degree driving while impaired) or 169A.25 (first-degree 
 12.13  second-degree driving while impaired); or 
 12.14     (2) a violation of section 169A.20 or an ordinance in 
 12.15  conformity with it: 
 12.16     (i) by a person whose driver's license or driving 
 12.17  privileges have been canceled as inimical to public safety under 
 12.18  section 171.04, subdivision 1, clause (10); or 
 12.19     (ii) by a person who is subject to a restriction on the 
 12.20  person's driver's license under section 171.09 (commissioner's 
 12.21  license restrictions), which provides that the person may not 
 12.22  use or consume any amount of alcohol or a controlled substance. 
 12.23     (e) "Motor vehicle" and "vehicle" do not include a vehicle 
 12.24  which is stolen or taken in violation of the law. 
 12.25     (f) "Owner" means the registered owner of the motor vehicle 
 12.26  according to records of the department of public safety and 
 12.27  includes a lessee of a motor vehicle if the lease agreement has 
 12.28  a term of 180 days or more. 
 12.29     (g) "Prosecuting authority" means the attorney in the 
 12.30  jurisdiction in which the designated offense occurred who is 
 12.31  responsible for prosecuting violations of a designated offense. 
 12.32     Sec. 13.  Minnesota Statutes 2000, section 244.18, 
 12.33  subdivision 1, is amended to read: 
 12.34     Subdivision 1.  [DEFINITION.] As used in this section, 
 12.35  "local correctional fees" include fees for the following 
 12.36  correctional services:  
 13.1      (1) community service work placement and supervision; 
 13.2      (2) restitution collection; 
 13.3      (3) supervision; 
 13.4      (4) court ordered investigations; or 
 13.5      (5) any other court ordered service; 
 13.6      (6) postprison supervision or other form of release; or 
 13.7      (7) supervision or other services provided to probationers 
 13.8   or parolees under section 243.16 to be provided by a local 
 13.9   probation and parole agency established under section 244.19 or 
 13.10  community corrections agency established under chapter 401. 
 13.11     Sec. 14.  [SUPERVISION LEVEL.] 
 13.12     Nothing in this act requires a different level of 
 13.13  supervision for offenders than is currently required by law. 
 13.14     Sec. 15.  [STUDY.] 
 13.15     By January 15, 2004, and each year thereafter through 
 13.16  January 15, 2007, the commissioner of corrections must report to 
 13.17  the chairs and ranking minority members of the house and senate 
 13.18  committees having jurisdiction over criminal justice and 
 13.19  judiciary finance issues on the implementation and effects of 
 13.20  the felony level driving while impaired offense.  The report 
 13.21  must include the following information on felony level driving 
 13.22  while impaired offenses: 
 13.23     (1) the number of persons convicted; 
 13.24     (2) the number of trials taken to verdict, separating out 
 13.25  cases tried to a judge versus cases tried to a jury, and the 
 13.26  number of convictions for each; 
 13.27     (3) the number of offenders incarcerated locally and the 
 13.28  term of incarceration; 
 13.29     (4) the number placed on probation and the length of the 
 13.30  probation; 
 13.31     (5) the number for whom probation is revoked, the reasons 
 13.32  for revocation, and the consequences imposed; 
 13.33     (6) the number given an executed prison sentence upon 
 13.34  conviction and the length of the sentence; 
 13.35     (7) the number given an executed prison sentence upon 
 13.36  revocation of probation and the length of sentence; 
 14.1      (8) the number who successfully complete treatment and the 
 14.2   number released early as a result; 
 14.3      (9) the number placed on intensive supervision following 
 14.4   release from incarceration; 
 14.5      (10) the number who violate supervised release and the 
 14.6   consequences imposed; and 
 14.7      (11) any other information the commissioner deems relevant 
 14.8   to estimating future costs. 
 14.9      Sec. 16.  [EFFECTIVE DATE.] 
 14.10     Sections 1 to 15 are effective January 1, 2003, and apply 
 14.11  to crimes committed on or after that date.  However, violations 
 14.12  occurring before January 1, 2003, that are listed in Minnesota 
 14.13  Statutes, section 169A.03, subdivisions 20 and 21, are 
 14.14  considered qualified prior impaired driving incidents for 
 14.15  purposes of this act.