1.1 	A bill for an act
1.2 	relating to crime prevention; establishing alcohol health impact fund; imposing 
1.3 	alcohol health impact fee; modifying provisions relating to possession and sale 
1.4 	of controlled substances; imposing chemical use assessment requirements and 
1.5 	fee on persons arrested for DWI but convicted of another offense; providing 
1.6 	for prostitution assessment and treatment; modifying chemical dependency 
1.7 	services and eligibility provisions; allowing credit for brewers for payment of 
1.8 	certain taxes and fees; modifying community-oriented policing grant program; 
1.9 	establishing pilot project for Phillips neighborhood; requiring sentencing study; 
1.10 	requiring judicial training in chemical use assessments; appropriating money;
1.11 	amending Minnesota Statutes 2004, sections 152.01, subdivision 14a, by 
1.12 	adding subdivisions; 152.021, subdivision 1; 152.022, subdivision 1; 152.023, 
1.13 	subdivision 2; 152.024, subdivision 1; 169A.275, subdivision 5; 169A.284, 
1.14 	subdivision 1; 169A.54, subdivision 11; 169A.70, subdivision 2, by adding 
1.15 	subdivisions; 254B.01, subdivisions 2, 3; 254B.02, subdivision 1; 254B.03, 
1.16 	subdivisions 1, 4; 254B.04, subdivisions 1, 3; 254B.06, subdivisions 1, 2; 
1.17 	297G.04, subdivision 2; 297G.10; 299A.62, subdivisions 1, 2; 299A.63, by 
1.18 	adding a subdivision; 609.115, subdivision 8, by adding a subdivision; 609.135, 
1.19 	by adding subdivisions; 609.153, subdivision 1; proposing coding for new law in 
1.20 	Minnesota Statutes, chapters 16A; 254A; 297G; 373; 609; repealing Minnesota 
1.21 	Statutes 2004, sections 254B.02, subdivisions 2, 3, 4; 254B.09, subdivisions 4, 
1.22 	5, 7.
1.23 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.24 	Section 1. LEGISLATIVE FINDINGS AND INTENT.
 1.25 	The legislature finds that:
1.26 	(1) impaired driving offenses kill and injure more Minnesotans than any other crime; 
1.27 	(2) many violent crimes are committed by offenders who are under the influence 
1.28 	of alcohol or controlled substances; and
1.29 	(3) alcohol abuse and controlled substance abuse contribute to domestic violence 
1.30 	and destroy families.
2.1 	The legislature considers the need to address the problem of alcohol and controlled 
2.2 	substance abuse to be a high priority. Furthermore, the legislature determines that the costs 
2.3 	of fighting abuse shall be funded by those who use alcohol. Consequently, the legislature 
2.4 	is imposing a fee on the sale of alcohol to fund aggressive efforts to reduce impaired 
2.5 	driving offenses and generally prevent crime, injury, and loss of life through chemical 
2.6 	dependency prevention, screening, and treatment and through increased law enforcement, 
2.7 	prosecution, and incarceration efforts. 

2.8 	Sec. 2. [16A.726] ALCOHOL HEALTH IMPACT FUND AND FUND 
2.9 	REIMBURSEMENTS.
2.10 		Subdivision 1.Alcohol health impact fund. There is created in the state treasury 
2.11 	an alcohol health impact fund to which must be credited all revenue from the alcohol 
2.12 	health impact fee under section 297G.23.
2.13 		Subd. 2.Certified alcohol expenditures. By April 30 of each fiscal year, the 
2.14 	commissioners of public safety, corrections, and human services shall certify to the 
2.15 	commissioner of finance the state budget costs attributable to alcohol and controlled 
2.16 	substance use, and the net of the collections of the taxes imposed under sections 295.75, 
2.17 	297G.03, and 297G.04, for the previous fiscal year.  These costs include, but are not 
2.18 	limited to, costs to:
2.19 	(1)  enforce laws for driving while impaired;
2.20 	(2) employ law enforcement officers to increase efforts for targeting crime for 
2.21 	driving while impaired;
2.22 	(3) fund grants to local units of government to conduct compliance checks for 
2.23 	on-sale and off-sale intoxicating liquor holders; 
2.24 	(4) fund community policing grants;
2.25 	(5) fund grants to prevent domestic violence and to provide services to victims of 
2.26 	domestic violence;  
2.27 	(6) incarcerate offenders of driving while impaired laws and provide programs 
2.28 	for these offenders; 
2.29 	(7) pay costs associated with incarcerating offenders and to provide programs for 
2.30 	these offenders; 
2.31 	(8) fund grants to counties to establish and operate intensive probation programs for 
2.32 	repeat impaired driving offenders;
2.33 	 (9)  increase chemical dependency treatment programs at state prisons;
2.34 	 (10) provide chemical dependency treatment; 
2.35 	(11) fund health and human services program costs;
3.1 	(12) fund increased judicial training relating to a judge??a??a??s powers and duties regarding 
3.2 	chemical use assessments; 
3.3 	(13)  fund grants to counties for court services and correctional costs related to 
3.4 	conducting chemical use assessments; and
3.5 	 (14) fund education and crime prevention initiatives.
3.6 		Subd. 3.Fund reimbursements. In each fiscal year, the commissioner of finance 
3.7 	shall transfer from the alcohol health impact fund to the general fund an amount sufficient 
3.8 	to offset the general fund cost of the certified expenditures under subdivision 2.

3.9 	EFFECTIVE DATE. This section is effective July 1, 2006.

3.10 	Sec. 3. Minnesota Statutes 2004, section 152.01, is amended by adding a subdivision 
3.11 	to read:
3.12 		Subd. 4a. Emergency shelter zone. "Emergency shelter zone" means a crisis 
3.13 	shelter for battered women or housing networks for battered women, and includes the area 
3.14 	within 300 feet or one city block, whichever distance is greater, of the shelter's property. 

3.15 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
3.16 	committed on or after that date. 

3.17 	Sec. 4. Minnesota Statutes 2004, section 152.01, is amended by adding a subdivision 
3.18 	to read:
3.19 		Subd. 5b. Homeless shelter zone.  "Homeless shelter zone" means a shelter that 
3.20 	serves the needs of emergency and long-term homelessness, and includes the area within 
3.21 	300 feet or one city block, whichever distance is greater, of the shelter's property. 

3.22 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
3.23 	committed on or after that date. 

3.24 	Sec. 5. Minnesota Statutes 2004, section 152.01, subdivision 14a, is amended to read:
3.25 		Subd. 14a.School zone. "School zone" means:
3.26 	(1) any property owned, leased, or controlled by a school district or an organization 
3.27 	operating a nonpublic school, as defined in section  123B.41, subdivision 9, where an 
3.28 	elementary, middle, secondary school, secondary vocational center or other school 
3.29 	providing educational services in grade one through grade 12 is located, or used for 
3.30 	educational purposes, or where extracurricular or cocurricular activities are regularly 
3.31 	provided; 
4.1 	(2) the area surrounding school property as described in clause (1) to a distance of 
4.2 	300 feet or one city block, whichever distance is greater, beyond the school property; and
4.3 	(3) the area within a school bus when that bus is being used to transport one or more 
4.4 	elementary or secondary school students, and school bus stops established by a school 
4.5 	board under section 123B.88, while school children are waiting for the bus.

4.6 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
4.7 	committed on or after that date. 

4.8 	Sec. 6. Minnesota Statutes 2004, section 152.021, subdivision 1, is amended to read:
4.9 		Subdivision 1.Sale crimes. A person is guilty of controlled substance crime in 
4.10 	the first degree if:
4.11 	(1) on one or more occasions within a 90-day period the person unlawfully sells one 
4.12 	or more mixtures of a total weight of ten grams or more containing cocaine, heroin, or 
4.13 	methamphetamine;
4.14 	(2) on one or more occasions within a 90-day period the person unlawfully sells one 
4.15 	or more mixtures of a total weight of 50 grams or more containing a narcotic drug other 
4.16 	than cocaine, heroin, or methamphetamine;
4.17 	(3) on one or more occasions within a 90-day period the person unlawfully sells 
4.18 	one or more mixtures of a total weight of 50 grams or more containing amphetamine, 
4.19 	phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage units, 
4.20 	equaling 200 or more dosage units; or
4.21 	(4) on one or more occasions within a 90-day period the person unlawfully sells 
4.22 	one or more mixtures of a total weight of 50 kilograms or more containing marijuana or 
4.23 	Tetrahydrocannabinols, or one or more mixtures of a total weight of 25 kilograms or more 
4.24 	containing marijuana or Tetrahydrocannabinols in a school zone, a park zone, a public 
4.25 	housing zone, an emergency shelter zone, a homeless shelter zone, or a drug treatment 
4.26 	facility.

4.27 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
4.28 	committed on or after that date. 

4.29 	Sec. 7. Minnesota Statutes 2004, section 152.022, subdivision 1, is amended to read:
4.30 		Subdivision 1.Sale crimes. A person is guilty of controlled substance crime 
4.31 	in the second degree if:
5.1 	(1) on one or more occasions within a 90-day period the person unlawfully sells one 
5.2 	or more mixtures of a total weight of three grams or more containing cocaine, heroin, or 
5.3 	methamphetamine;
5.4 	(2) on one or more occasions within a 90-day period the person unlawfully sells one 
5.5 	or more mixtures of a total weight of ten grams or more containing a narcotic drug other 
5.6 	than cocaine, heroin, or methamphetamine;
5.7 	(3) on one or more occasions within a 90-day period the person unlawfully sells 
5.8 	one or more mixtures of a total weight of ten grams or more containing amphetamine, 
5.9 	phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage units, 
5.10 	equaling 50 or more dosage units;
5.11 	(4) on one or more occasions within a 90-day period the person unlawfully sells 
5.12 	one or more mixtures of a total weight of 25 kilograms or more containing marijuana or 
5.13 	Tetrahydrocannabinols;
5.14 	(5) the person unlawfully sells any amount of a schedule I or II narcotic drug to a 
5.15 	person under the age of 18, or conspires with or employs a person under the age of 18 to 
5.16 	unlawfully sell the substance; or
5.17 	(6) the person unlawfully sells any of the following in a school zone, a park zone, a 
5.18 	public housing zone, an emergency shelter zone, a homeless zone, or a drug treatment 
5.19 	facility:
5.20 	(i) any amount of a schedule I or II narcotic drug, lysergic acid diethylamide (LSD), 
5.21 	3,4-methylenedioxy amphetamine, or 3,4-methylenedioxymethamphetamine;
5.22 	(ii) one or more mixtures containing methamphetamine or amphetamine; or
5.23 	(iii) one or more mixtures of a total weight of five kilograms or more containing 
5.24 	marijuana or Tetrahydrocannabinols.

5.25 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
5.26 	committed on or after that date. 

5.27 	Sec. 8. Minnesota Statutes 2004, section 152.023, subdivision 2, is amended to read:
5.28 		Subd. 2.Possession crimes. A person is guilty of controlled substance crime in 
5.29 	the third degree if:
5.30 	(1) on one or more occasions within a 90-day period the person unlawfully possesses 
5.31 	one or more mixtures of a total weight of three grams or more containing cocaine, heroin, 
5.32 	or methamphetamine;
5.33 	(2) on one or more occasions within a 90-day period the person unlawfully possesses 
5.34 	one or more mixtures of a total weight of ten grams or more containing a narcotic drug 
5.35 	other than cocaine, heroin, or methamphetamine;
6.1 	(3) on one or more occasions within a 90-day period the person unlawfully possesses 
6.2 	one or more mixtures containing a narcotic drug, it is packaged in dosage units, and 
6.3 	equals 50 or more dosage units;
6.4 	(4) on one or more occasions within a 90-day period the person unlawfully 
6.5 	possesses any amount of a schedule I or II narcotic drug or five or more dosage 
6.6 	units of lysergic acid diethylamide (LSD), 3,4-methylenedioxy amphetamine, or 
6.7 	3,4-methylenedioxymethamphetamine in a school zone, a park zone, a public housing 
6.8 	zone, or a drug treatment facility;
6.9 	(5) on one or more occasions within a 90-day period the person unlawfully possesses 
6.10 	one or more mixtures of a total weight of ten kilograms or more containing marijuana or 
6.11 	Tetrahydrocannabinols; or
6.12 	(6) the person unlawfully possesses one or more mixtures containing 
6.13 	methamphetamine or amphetamine in a school zone, a park zone, a public housing zone, 
6.14 	an emergency shelter zone, a homeless shelter zone, or a drug treatment facility.

6.15 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
6.16 	committed on or after that date. 

6.17 	Sec. 9. Minnesota Statutes 2004, section 152.024, subdivision 1, is amended to read:
6.18 		Subdivision 1.Sale crimes. A person is guilty of controlled substance crime in 
6.19 	the fourth degree if:
6.20 	(1) the person unlawfully sells one or more mixtures containing a controlled 
6.21 	substance classified in schedule I, II, or III, except marijuana or Tetrahydrocannabinols;
6.22 	(2) the person unlawfully sells one or more mixtures containing a controlled 
6.23 	substance classified in schedule IV or V to a person under the age of 18;
6.24 	(3) the person conspires with or employs a person under the age of 18 to unlawfully 
6.25 	sell a controlled substance classified in schedule IV or V; or
6.26 	(4) the person unlawfully sells any amount of marijuana or Tetrahydrocannabinols in 
6.27 	a school zone, a park zone, a public housing zone, an emergency shelter zone, a homeless 
6.28 	shelter zone, or a drug treatment facility, except a small amount for no remuneration.

6.29 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
6.30 	committed on or after that date. 

6.31 	Sec. 10. Minnesota Statutes 2004, section 169A.275, subdivision 5, is amended to read:
6.32 		Subd. 5.Level of care recommended in chemical use assessment. Unless the 
6.33 	court commits the person to the custody of the commissioner of corrections as provided in 
7.1 	section  169A.276 (mandatory penalties; felony violations), in addition to other penalties 
7.2 	required under this section, if the person has not already done so, the court shall order 
7.3 	a person to submit to the level of care recommended in the chemical use assessment 
7.4 	conducted under section  169A.70 (alcohol safety program; chemical use assessments) 
7.5 	if the person: 
7.6 	(1)  is convicted of violating section  169A.20 (driving while impaired) while having 
7.7 	an alcohol concentration of 0.20 or more as measured at the time, or within two hours of 
7.8 	the time, of the offense or if the violation occurs within ten years of one or more qualified 
7.9 	prior impaired driving incidents.; or 
7.10 	(2) is arrested for violating section 169A.20, but is convicted of another offense 
7.11 	arising out of the circumstances surrounding the arrest. 

7.12 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
7.13 	committed on or after that date. 

7.14 	Sec. 11. Minnesota Statutes 2004, section 169A.284, subdivision 1, is amended to read:
7.15 		Subdivision 1.When required. (a) When a court sentences a person convicted of 
7.16 	an offense enumerated in section  169A.70, subdivision 2, paragraph (b), clause (1) or (2), 
7.17 	 (chemical use assessment; requirement; form), it shall impose a chemical dependency 
7.18 	assessment charge of $125. A person shall pay an additional surcharge of $5 if the 
7.19 	person is convicted of a violation of section  169A.20 (driving while impaired) within five 
7.20 	years of a prior impaired driving conviction or a prior conviction for an offense arising 
7.21 	out of an arrest for a violation of section  169A.20 or Minnesota Statutes 1998, section  
7.22 	169.121 (driver under influence of alcohol or controlled substance) or  169.129 (aggravated 
7.23 	DWI-related violations; penalty). This section applies when the sentence is executed, 
7.24 	stayed, or suspended. The court may not waive payment or authorize payment of the 
7.25 	assessment charge and surcharge in installments unless it makes written findings on the 
7.26 	record that the convicted person is indigent or that the assessment charge and surcharge 
7.27 	would create undue hardship for the convicted person or that person's immediate family. 
7.28 	(b) The chemical dependency assessment charge and surcharge required under 
7.29 	this section are in addition to the surcharge required by section  357.021, subdivision 6
7.30 	(surcharges on criminal and traffic offenders). 

7.31 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
7.32 	committed on or after that date. 

7.33 	Sec. 12. Minnesota Statutes 2004, section 169A.54, subdivision 11, is amended to read:
8.1 		Subd. 11.Chemical use assessment. When the evidentiary test shows an alcohol 
8.2 	concentration of 0.07 or more, that result must be reported to the commissioner. The 
8.3 	commissioner shall record that fact on the driver's record. When the driver's record shows 
8.4 	a second or subsequent report of an alcohol concentration of 0.07 or more within two 
8.5 	years of a recorded report, the commissioner may require that the driver have a chemical 
8.6 	use assessment meeting the commissioner's requirements and those of section 169A.70. 
8.7 	The assessment must be at the driver's expense. In no event shall the commissioner deny 
8.8 	the license of a person who refuses to take the assessment or to undertake treatment, if 
8.9 	treatment is indicated by the assessment, for longer than 90 days. If an assessment is 
8.10 	made pursuant to this section, the commissioner may waive the assessment required 
8.11 	by section  169A.70. 

8.12 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
8.13 	committed on or after that date. 

8.14 	Sec. 13. Minnesota Statutes 2004, section 169A.70, subdivision 2, is amended to read:
8.15 		Subd. 2.Chemical use assessment requirement. (a) As used in this subdivision, 
8.16 	"violent crime" has the meaning given in section 609.133, subdivision 1. 
8.17 	(b) A chemical use assessment must be conducted and an assessment report 
8.18 	submitted to the court and to the Department of Public Safety by the county agency 
8.19 	administering the alcohol safety program when:
8.20 	(1) the defendant is convicted of an offense described in section  169A.20 (driving 
8.21 	while impaired),  169A.31 (alcohol-related school bus and Head Start bus driving), or  
8.22 	360.0752 (impaired aircraft operation); or
8.23 	(2) the defendant is arrested for committing an offense described in clause (1) but is 
8.24 	convicted of another offense arising out of the circumstances surrounding the arrest; or
8.25 	(3) the defendant is convicted of a violent crime.

8.26 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
8.27 	committed on or after that date. 

8.28 	Sec. 14. Minnesota Statutes 2004, section 169A.70, is amended by adding a 
8.29 	subdivision to read:
8.30 		Subd. 8. Timing of assessment.  Chemical use assessments conducted under this 
8.31 	section must be completed at the earliest time possible. It is a strong preference that the 
8.32 	interview with the offender be conducted while the offender is being initially held in 
8.33 	custody after arrest. 

9.1 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
9.2 	committed on or after that date. 

9.3 	Sec. 15. Minnesota Statutes 2004, section 169A.70, is amended by adding a 
9.4 	subdivision to read:
9.5 		Subd. 9. Court's authority to require assessments in other instances.  A court 
9.6 	having jurisdiction over a person in a juvenile, criminal, or civil commitment proceeding 
9.7 	may order that the person submit to a chemical use assessment under this section if the 
9.8 	court has reason to believe that the person may have a chemical dependency problem. 

9.9 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
9.10 	committed on or after that date. 

9.11 	Sec. 16. [254A.19] PROSTITUTION ASSESSMENT AND TREATMENT.
9.12 	The commissioner of human services shall adopt by rule criteria to be used in 
9.13 	conducting prostitution assessments of offenders under section 609.115, subdivision 10. 
9.14 	The criteria shall address, at a minimum, the family relationship, past treatment history, 
9.15 	medical or physical problems, arrest record, employment situation, child care situation, 
9.16 	and housing situation of the offender. The commissioner shall also adopt by rule standards 
9.17 	to qualify a person to: 
9.18 	(1) assess offenders for prostitution treatment plans; and 
9.19 	(2) provide a prostitution treatment plan as indicated in a prostitution assessment.

9.20 	EFFECTIVE DATE. This section is effective July 1, 2006.

9.21 	Sec. 17. Minnesota Statutes 2004, section 254B.01, subdivision 2, is amended to read:
9.22 		Subd. 2.American Indian. For purposes of services provided under section 
9.23 	254B.09, subdivision 7 this chapter, "American Indian" means:
9.24 	(1) a person who is a member of an Indian tribe, and the commissioner shall use the 
9.25 	definitions of "Indian" and "Indian tribe" and "Indian organization" provided in Public 
9.26 	Law 93-638. For purposes of services provided under section  254B.09, subdivision 4, 
9.27 	"American Indian" means; or 
9.28 	(2)  a resident of federally recognized tribal lands who is recognized as an Indian 
9.29 	person by the federally recognized tribal governing body. 

9.30 	EFFECTIVE DATE. This section is effective July 1, 2006.

9.31 	Sec. 18. Minnesota Statutes 2004, section 254B.01, subdivision 3, is amended to read:
10.1 		Subd. 3.Chemical dependency services. "Chemical dependency services" means a 
10.2 	planned program of care for the treatment of chemical dependency or chemical abuse to 
10.3 	minimize or prevent further chemical abuse by the person, including, but not limited to, 
10.4 	aftercare services, case management, counseling, employment or educational services, 
10.5 	and sober housing. Diagnostic, evaluation, prevention, referral, and detoxification, and 
10.6 	aftercare services that are not part of a program of care licensable as a residential or 
10.7 	nonresidential chemical dependency treatment program are not chemical dependency 
10.8 	services for purposes of this section. For pregnant and postpartum women, chemical 
10.9 	dependency services include halfway house services, aftercare services,and  psychological 
10.10 	services, and case management.

10.11 	EFFECTIVE DATE. This section is effective July 1, 2006.

10.12 	Sec. 19. Minnesota Statutes 2004, section 254B.02, subdivision 1, is amended to read:
10.13 		Subdivision 1.Chemical dependency treatment allocation. The chemical 
10.14 	dependency funds appropriated for allocation shall be placed in a special revenue account. 
10.15 	The commissioner shall annually transfer funds from the chemical dependency fund to pay 
10.16 	for operation of the drug and alcohol abuse normative evaluation system and to pay for all 
10.17 	costs incurred by adding two positions for licensing of chemical dependency treatment 
10.18 	and rehabilitation programs located in hospitals for which funds are not otherwise 
10.19 	appropriated. For each year of the biennium ending June 30, 1999, the commissioner shall 
10.20 	allocate funds to the American Indian chemical dependency tribal account for treatment 
10.21 	of American Indians by eligible vendors under section  254B.05, equal to the amount 
10.22 	allocated in fiscal year 1997. The commissioner shall annually divide the money available 
10.23 	in the chemical dependency fund that is not held in reserve by counties from a previous 
10.24 	allocation, or allocated to the American Indian chemical dependency tribal account. Six 
10.25 	percent of the remaining money must be reserved for the nonreservation American Indian 
10.26 	chemical dependency allocation for treatment of American Indians by eligible vendors 
10.27 	under section  254B.05, subdivision 1. The remainder of the money must be allocated 
10.28 	among the counties according to the following formula, using state demographer data and 
10.29 	other data sources determined by the commissioner: 
10.30 	(a) For purposes of this formula, American Indians and children under age 14 are 
10.31 	subtracted from the population of each county to determine the restricted population.
10.32 	(b) The amount of chemical dependency fund expenditures for entitled persons for 
10.33 	services not covered by prepaid plans governed by section  256B.69 in the previous year is 
10.34 	divided by the amount of chemical dependency fund expenditures for entitled persons for 
10.35 	all services to determine the proportion of exempt service expenditures for each county. 
11.1 	(c) The prepaid plan months of eligibility is multiplied by the proportion of exempt 
11.2 	service expenditures to determine the adjusted prepaid plan months of eligibility for 
11.3 	each county.
11.4 	(d) The adjusted prepaid plan months of eligibility is added to the number of 
11.5 	restricted population fee for service months of eligibility for the Minnesota family 
11.6 	investment program, general assistance, and medical assistance and divided by the county 
11.7 	restricted population to determine county per capita months of covered service eligibility.
11.8 	(e) The number of adjusted prepaid plan months of eligibility for the state is added 
11.9 	to the number of fee for service months of eligibility for the Minnesota family investment 
11.10 	program, general assistance, and medical assistance for the state restricted population and 
11.11 	divided by the state restricted population to determine state per capita months of covered 
11.12 	service eligibility.
11.13 	(f) The county per capita months of covered service eligibility is divided by the 
11.14 	state per capita months of covered service eligibility to determine the county welfare 
11.15 	caseload factor.
11.16 	(g) The median married couple income for the most recent three-year period 
11.17 	available for the state is divided by the median married couple income for the same period 
11.18 	for each county to determine the income factor for each county.
11.19 	(h) The county restricted population is multiplied by the sum of the county welfare 
11.20 	caseload factor and the county income factor to determine the adjusted population.
11.21 	(i) $15,000 shall be allocated to each county.
11.22 	(j) The remaining funds shall be allocated proportional to the county adjusted 
11.23 	population.

11.24 	EFFECTIVE DATE. This section is effective July 1, 2006.

11.25 	Sec. 20. Minnesota Statutes 2004, section 254B.03, subdivision 1, is amended to read:
11.26 		Subdivision 1.Local agency duties. (a) Every local agency shall provide chemical 
11.27 	dependency services to persons residing within its jurisdiction who meet criteria 
11.28 	established by the commissioner for placement in a chemical dependency residential or 
11.29 	nonresidential treatment service. Chemical dependency money must be administered 
11.30 	by the local agencies according to law and rules adopted by the commissioner under 
11.31 	sections  14.001 to  14.69. 
11.32 	(b) In order to contain costs, the county board shall, with the approval of the 
11.33 	commissioner of human services, select eligible vendors of chemical dependency services 
11.34 	who can provide economical and appropriate treatment. Unless the local agency is a social 
11.35 	services department directly administered by a county or human services board, the local 
12.1 	agency shall not be an eligible vendor under section  254B.05. The commissioner may 
12.2 	approve proposals from county boards to provide services in an economical manner or to 
12.3 	control utilization, with safeguards to ensure that necessary services are provided. If a 
12.4 	county implements a demonstration or experimental medical services funding plan, the 
12.5 	commissioner shall transfer the money as appropriate. If a county selects a vendor located 
12.6 	in another state, the county shall ensure that the vendor is in compliance with the rules 
12.7 	governing licensure of programs located in the state. 
12.8 	(c) The calendar year 2002 rate for vendors may not increase more than three 
12.9 	percent above the rate approved in effect on January 1, 2001. The calendar year 2003 
12.10 	rate for vendors may not increase more than three percent above the rate in effect on 
12.11 	January 1, 2002. The calendar years 2004 and 2005 rates may not exceed the rate in 
12.12 	effect on January 1, 2003.
12.13 	(d) A culturally specific vendor that provides assessments under a variance under 
12.14 	Minnesota Rules, part 9530.6610, shall be allowed to provide assessment services to 
12.15 	persons not covered by the variance.

12.16 	EFFECTIVE DATE. This section is effective July 1, 2006.

12.17 	Sec. 21. Minnesota Statutes 2004, section 254B.03, subdivision 4, is amended to read:
12.18 		Subd. 4.Division of costs. Except for services provided by a county under 
12.19 	section  254B.09, subdivision 1, or services provided under section  256B.69 or  256D.03, 
12.20 	subdivision 4, paragraph (b), the county shall, out of local money, pay the state for 15five 
12.21 	percent of the cost of chemical dependency services, including those services provided 
12.22 	to persons eligible for medical assistance under chapter 256B and general assistance 
12.23 	medical care under chapter 256D. Counties may use the indigent hospitalization levy for 
12.24 	treatment and hospital payments made under this section. FifteenFive  percent of any state 
12.25 	collections from private or third-party pay, less 15five  percent of the cost of payment and 
12.26 	collections, must be distributed to the county that paid for a portion of the treatment under 
12.27 	this section. If all funds allocated according to section  254B.02 are exhausted by a county 
12.28 	and the county has met or exceeded the base level of expenditures under section  254B.02, 
12.29 	subdivision 3, the county shall pay the state for 15 percent of the costs paid by the state 
12.30 	under this section. The commissioner may refuse to pay state funds for services to persons 
12.31 	not eligible under section  254B.04, subdivision 1, if the county financially responsible for 
12.32 	the persons has exhausted its allocation.

12.33 	EFFECTIVE DATE. This section is effective July 1, 2006.

13.1 	Sec. 22. Minnesota Statutes 2004, section 254B.04, subdivision 1, is amended to read:
13.2 		Subdivision 1.Eligibility. (a) Persons eligible for benefits under Code of Federal 
13.3 	Regulations, title 25, part 20, persons eligible for medical assistance benefits under 
13.4 	sections  256B.055,  256B.056, and  256B.057, subdivisions 1, 2, 5, and 6, or who meet 
13.5 	the income standards of section  256B.056, subdivision 4, and persons eligible for general 
13.6 	assistance medical care under section  256D.03, subdivision 3, are entitled to chemical 
13.7 	dependency fund services. State money appropriated for this paragraph must be placed in 
13.8 	a separate account established for this purpose.
13.9 	Persons with dependent children who are determined to be in need of chemical 
13.10 	dependency treatment pursuant to an assessment under section  626.556, subdivision 10, or 
13.11 	a case plan under section  260C.201, subdivision 6, or  260C.212, shall be assisted by the 
13.12 	local agency to access needed treatment services. Treatment services must be appropriate 
13.13 	for the individual or family, which may include long-term care treatment or treatment in a 
13.14 	facility that allows the dependent children to stay in the treatment facility. The county 
13.15 	shall pay for out-of-home placement costs, if applicable. 
13.16 	(b) A person not entitled to services under paragraph (a), but with family income 
13.17 	that is less than 215 percent of the federal poverty guidelines for the applicable family 
13.18 	size, shall be eligible to receive chemical dependency fund services within the limit 
13.19 	of funds appropriated for this group for the fiscal year. If notified by the state agency 
13.20 	of limited funds, a county must give preferential treatment to persons with dependent 
13.21 	children who are in need of chemical dependency treatment pursuant to an assessment 
13.22 	under section  626.556, subdivision 10, or a case plan under section  260C.201, subdivision 
13.23 	6, or  260C.212. A county may spend money from its own sources to serve persons under 
13.24 	this paragraph. State money appropriated for this paragraph must be placed in a separate 
13.25 	account established for this purpose.
13.26 	(c) Persons whose income is between 215 percent and 412 percent of the federal 
13.27 	poverty guidelines for the applicable family size shall be eligible for chemical dependency 
13.28 	services on a sliding fee basis, within the limit of funds appropriated for this group for the 
13.29 	fiscal year. Persons eligible under this paragraph must contribute to the cost of services 
13.30 	according to the sliding fee scale established under subdivision 3. A county may spend 
13.31 	money from its own sources to provide services to persons under this paragraph. State 
13.32 	money appropriated for this paragraph must be placed in a separate account established 
13.33 	for this purpose.

13.34 	EFFECTIVE DATE. This section is effective July 1, 2006.

13.35 	Sec. 23. Minnesota Statutes 2004, section 254B.04, subdivision 3, is amended to read:
14.1 		Subd. 3.Amount of contribution. The commissioner shall adopt a sliding fee scale 
14.2 	to determine the amount of contribution to be required from persons under this section. 
14.3 	The commissioner may adopt rules to amend existing fee scales. The commissioner 
14.4 	may establish a separate fee scale for recipients of chemical dependency transitional and 
14.5 	extended care rehabilitation services that provides for the collection of fees for board 
14.6 	and lodging expenses. The fee schedule shall ensure that employed persons are allowed 
14.7 	the income disregards and savings accounts that are allowed residents of community 
14.8 	mental illness facilities under section  256D.06, subdivisions 1 and 1b. The fee scale 
14.9 	must not provide assistance to persons whose income is more than 115 percent of the 
14.10 	state median income. Payments of liabilities under this section are medical expenses for 
14.11 	purposes of determining spenddown under sections  256B.055,  256B.056,  256B.06, and  
14.12 	256D.01 to  256D.21. The required amount of contribution established by the fee scale in 
14.13 	this subdivision is also the cost of care responsibility subject to collection under section  
14.14 	254B.06, subdivision 1. 

14.15 	EFFECTIVE DATE. This section is effective July 1, 2006.

14.16 	Sec. 24. Minnesota Statutes 2004, section 254B.06, subdivision 1, is amended to read:
14.17 		Subdivision 1.State collections. The commissioner is responsible for all collections 
14.18 	from persons determined to be partially responsible for the cost of care of an eligible 
14.19 	person receiving services under Laws 1986, chapter 394, sections 8 to 20 this chapter. 
14.20 	The commissioner may initiate, or request the attorney general to initiate, necessary civil 
14.21 	action to recover the unpaid cost of care. The commissioner may collect all third-party 
14.22 	payments for chemical dependency services provided under Laws 1986, chapter 394, 
14.23 	sections 8 to 20 this chapter, including private insurance and federal Medicaid and 
14.24 	Medicare financial participation. The commissioner shall deposit in a dedicated account 
14.25 	a percentage of collections to pay for the cost of operating the chemical dependency 
14.26 	consolidated treatment fund invoice processing and vendor payment system, billing, and 
14.27 	collections. The remaining receipts must be deposited in the chemical dependency fund.

14.28 	EFFECTIVE DATE. This section is effective July 1, 2006.

14.29 	Sec. 25. Minnesota Statutes 2004, section 254B.06, subdivision 2, is amended to read:
14.30 		Subd. 2.Allocation of collections. The commissioner shall allocate all federal 
14.31 	financial participation collections to the reservechemical dependency  fund under section  
14.32 	254B.02, subdivision 3 1. The commissioner shall retain 8595  percent of patient 
14.33 	payments and third-party payments and allocate the collections to the treatment allocation 
15.1 	for the county that is financially responsible for the person. FifteenFive  percent of patient 
15.2 	and third-party payments must be paid to the county financially responsible for the patient. 
15.3 	Collections for patient payment and third-party payment for services provided under 
15.4 	section  254B.09 shall be allocated to the allocation of the tribal unit which placed the 
15.5 	person. Collections of federal financial participation for services provided under section  
15.6 	254B.09 shall be allocated to the tribal reserve accountchemical dependency fund  under 
15.7 	section  254B.09 254B.02, subdivision 5 1. 

15.8 	EFFECTIVE DATE. This section is effective July 1, 2006.

15.9 	Sec. 26. Minnesota Statutes 2004, section 297G.04, subdivision 2, is amended to read:
15.10 		Subd. 2.Tax credit. A qualified brewer producing fermented malt beverages is 
15.11 	entitled to a tax credit of $4.60$37.52 per barrel on 25,000 barrels sold in any fiscal year 
15.12 	beginning July 1, regardless of the alcohol content of the product. This credit applies to 
15.13 	the tax imposed under section 297G.04 and the fee under section 297G.23. Qualified 
15.14 	brewers may take the credit on the 18th day of each month, but the total credit allowed 
15.15 	may not exceed in any fiscal year the lesser of:
15.16 	(1) the liability for tax; or
15.17 	(2) $115,000.
15.18 	For purposes of this subdivision, a "qualified brewer" means a brewer, whether 
15.19 	or not located in this state, manufacturing less than 100,000 barrels of fermented malt 
15.20 	beverages in the calendar year immediately preceding the calendar year for which the 
15.21 	credit under this subdivision is claimed. In determining the number of barrels, all brands 
15.22 	or labels of a brewer must be combined. All facilities for the manufacture of fermented 
15.23 	malt beverages owned or controlled by the same person, corporation, or other entity 
15.24 	must be treated as a single brewer.

15.25 	EFFECTIVE DATE. This section is effective for taxes and fees imposed after 
15.26 	June 30, 2006. 

15.27 	Sec. 27. Minnesota Statutes 2004, section 297G.10, is amended to read:
15.28 	297G.10 DEPOSIT OF PROCEEDS.
15.29 	Except as provided in section 297G.23, subdivision 4, all tax revenues and other 
15.30 	receipts payable to the state under this chapter must be paid into the state treasury and 
15.31 	credited to the general fund.

15.32 	EFFECTIVE DATE. This section is effective July 1, 2006.

16.1 	Sec. 28. [297G.23] ALCOHOL HEALTH IMPACT FEE.
16.2 		Subdivision 1.Purpose. An alcohol use health impact fee is imposed on and 
16.3 	collected from  any person subject to tax under this chapter to recover for the state, public 
16.4 	safety, corrections, court, health, and human services costs related to or caused by alcohol 
16.5 	use and to reduce alcohol use.
16.6 		Subd. 2.Fee imposed. In addition to tax imposed under section 297G.03, 
16.7 	subdivisions 1 and 2, and section 297G.04, subdivision 1, an alcohol health impact fee is 
16.8 	imposed upon all distilled spirits, beer, wine, and cider in this state at the following rates:
16.9 	(1) on distilled spirits, liqueurs, cordials, and specialties regardless of alcohol 
16.10 	content (excluding ethyl alcohol), $12.66 per gallon and $3.40 per liter; 
16.11 	(2) on wine containing 14 percent or less alcohol by volume (except cider as defined 
16.12 	in section 297G.01, subdivision 3a), $2.10 per gallon and $.56 per liter;
16.13 	 (3) on wine containing  more than 14 percent but not more than 21 percent alcohol by 
16.14 	volume, $2.06 per gallon and $.56 per liter; 
16.15 	 (4) on wine containing more than 21 percent but not more than 24 percent alcohol by 
16.16 	volume, $2.06 per gallon and $.56 per liter; 
16.17 	 (5) on wine containing more than 24 percent alcohol by volume, $2.04 per gallon 
16.18 	and $.56 per liter;
16.19 	 (6) on natural and artificial sparkling wines containing alcohol, $2.06 per gallon 
16.20 	and $.56 per liter; 
16.21 	(7) on cider as defined in section 297G.01, subdivision 3a, $2.10 per gallon and 
16.22 	$.56 per liter; 
16.23 	(8) on miniatures, $.10 per bottle;
16.24 	(9)  on fermented malt beverages containing not more than 3.2 percent alcohol by 
16.25 	weight, $32.92 per 31-gallon barrel; and 
16.26 	(10) on fermented malt beverages containing more than 3.2 percent alcohol by 
16.27 	weight, $32.92 per 31-gallon barrel. 
16.28 		Subd. 3.Administrative and other provisions of this chapter. The fee under this 
16.29 	section must be treated as if it is a tax for purposes of all of the provisions of this chapter.
16.30 		Subd. 4.Deposit of revenues. The commissioner of revenue shall deposit the 
16.31 	revenues from the fee under this section in the state treasury and credit them to the alcohol 
16.32 	health impact fund under section 16A.726.

16.33 	EFFECTIVE DATE. This section is effective July 1, 2006.

16.34 	Sec. 29. Minnesota Statutes 2004, section 299A.62, subdivision 1, is amended to read:
17.1 		Subdivision 1.Program established. (a) A community-oriented policing grant 
17.2 	program is established under the administration of the commissioner of public safety.
17.3 	(b) Grants may be awarded as provided in subdivision 2 for the following purposes:
17.4 	(1) to enable local law enforcement agencies to hire law enforcement officers. The 
17.5 	grants must be used by law enforcement agencies to increase the complement of officers in 
17.6 	the agency by paying the salaries of new officers who replace an existing officer who has 
17.7 	been reassigned primarily to investigate and prevent impaired driving crimes, domestic 
17.8 	violence crimes, or juvenile crime or to perform community-oriented policing duties;
17.9 	(2) to enable local law enforcement agencies to assign overtime officers to high 
17.10 	crime areas within their jurisdictions; and
17.11 	(3) to enable local law enforcement agencies to implement or expand 
17.12 	community-oriented policing projects, liaison efforts with local school districts, and other 
17.13 	innovative community policing initiatives.
17.14 	(c) Grants under paragraph (b), clause (3), for community policing activities must 
17.15 	be provided for areas with high crime rates and gang, drug, or prostitution activity, for 
17.16 	programs that: 
17.17 	(1) include education and training for both peace officers and the community on 
17.18 	community policing initiatives; 
17.19 	(2) assign designated peace officers for a period of at least one year to work 
17.20 	exclusively in the area where the enhanced community policing efforts will take place; and 
17.21 	(3) include regular community meetings with the designated peace officers, 
17.22 	prosecuting authorities, judges with jurisdiction in the area, and community members to 
17.23 	further law enforcement outreach efforts. 

17.24 	EFFECTIVE DATE. This section is effective July 1, 2006.

17.25 	Sec. 30. Minnesota Statutes 2004, section 299A.62, subdivision 2, is amended to read:
17.26 		Subd. 2.Awarding grant. (a) Grants under this section shallmust  be awarded 
17.27 	by the commissioner of public safety. Before any grants are awarded, a committee 
17.28 	consisting of the attorney general, and representatives from the Minnesota Chiefs of Police 
17.29 	Association, the Minnesota Sheriffs Association, and the Minnesota Police and Peace 
17.30 	Officers Association, shall evaluate the grant applications. Before grants are awarded, 
17.31 	the commissioner shall meet and consult with the committee concerning its evaluation of 
17.32 	and recommendations on grant proposals. 
17.33 	(b) A grant under subdivision 1, paragraph (b), clause (1), may be awarded only to a 
17.34 	law enforcement agency that demonstrates in its application that it currently has a need 
17.35 	for an additional officer to be assigned to: 
18.1 	(1) community-oriented policing duties; or
18.2 	(2) the investigation and prevention of juvenile crime, based on the juvenile crime 
18.3 	rate in the area over which the agency has jurisdiction;
18.4 	(3) the investigation and prevention of impaired driving crimes; or 
18.5 	(4) the investigation and prevention of domestic violence crimes. 
18.6 	(c) More than one grant under subdivision 1, paragraph (b), clause (1), may be 
18.7 	awarded to an agency; however, each grant may fund only one position. At least 50 
18.8 	percent of the grants awarded under subdivision 1, paragraph (b), clause (1), must be 
18.9 	awarded to the cities of Minneapolis and St. Paul.

18.10 	EFFECTIVE DATE. This section is effective July 1, 2006.

18.11 	Sec. 31. Minnesota Statutes 2004, section 299A.63, is amended by adding a 
18.12 	subdivision to read:
18.13 		Subd. 5.Phillips neighborhood safe zone. (a) The commissioner of public safety 
18.14 	shall establish a two-year Phillips neighborhood safe zone pilot project that seeks to 
18.15 	reduce criminal activity in the Phillips neighborhood community in Minneapolis. The 
18.16 	project must include, but is not limited to, the following programs: misdemeanant 
18.17 	treatment, aftercare services, drug court programs, prostitution treatment, chemical 
18.18 	dependency treatment, preschool and after-school programs for children, a Youthbuild 
18.19 	program, public safety technology enhancement, probationary services, mental health 
18.20 	assessments and treatment, a restorative justice project, and community-based policing 
18.21 	including undercover operations.
18.22 	(b) The commissioner must establish an oversight committee or utilize an existing 
18.23 	oversight committee to monitor the pilot project, conduct an evaluation, and disperse 
18.24 	funds.
18.25 	(c) By January 1, 2009, the commissioner shall report to the chairs and ranking 
18.26 	minority members of the senate and house divisions having jurisdiction over criminal 
18.27 	justice funding and policy on the results of the pilot project.

18.28 	EFFECTIVE DATE. This section is effective July 1, 2006.

18.29 	Sec. 32. [373.50] REQUIREMENT TO PROVIDE CHEMICAL DEPENDENCY 
18.30 	TREATMENT.
18.31 	Each county shall provide comprehensive, needs-specific chemical dependency 
18.32 	treatment programs and services and aftercare services to individuals within the county's 
18.33 	criminal justice system. The programs and services must take into account the fact that 
19.1 	the person has committed a criminal offense and other issues including the individual's 
19.2 	gender, ethnic, cultural, employment, housing, child care, and mental health needs. If the 
19.3 	county does not offer a specific program or service appropriate for an individual, the 
19.4 	county shall ensure that the individual is offered the program or service elsewhere. 

19.5 	EFFECTIVE DATE. This section is effective July 1, 2006.

19.6 	Sec. 33. Minnesota Statutes 2004, section 609.115, subdivision 8, is amended to read:
19.7 		Subd. 8.Chemical use assessment required. (a) If a person is convicted of a 
19.8 	felony, the probation officer shall determine in the report prepared under subdivision 1 
19.9 	whether or not alcohol or drug use was a contributing factor to the commission of the 
19.10 	offense. If so, the report shall contain the results of a chemical use assessment conducted 
19.11 	in accordance with this subdivision. The probation officer shall make an appointment for 
19.12 	the defendant to undergo the chemical use assessment if so indicated. If the person is 
19.13 	convicted of a violent crime as defined in section 609.133, subdivision 1, the provisions of 
19.14 	that section apply. 
19.15 	(b) The chemical use assessment report must include a recommended level of 
19.16 	care for the defendant in accordance with the criteria contained in rules adopted by the 
19.17 	commissioner of human services under section  254A.03, subdivision 3. The assessment 
19.18 	must be conducted by an assessor qualified under rules adopted by the commissioner of 
19.19 	human services under section  254A.03, subdivision 3. An assessor providing a chemical 
19.20 	use assessment may not have any direct or shared financial interest or referral relationship 
19.21 	resulting in shared financial gain with a treatment provider. If an independent assessor 
19.22 	is not available, the probation officer may use the services of an assessor authorized 
19.23 	to perform assessments for the county social services agency under a variance granted 
19.24 	under rules adopted by the commissioner of human services under section  254A.03, 
19.25 	subdivision 3. 
19.26 	(c) A chemical use assessment and report conducted under this subdivision must 
19.27 	meet the standards described in section 169A.70. 

19.28 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
19.29 	committed on or after that date. 

19.30 	Sec. 34. Minnesota Statutes 2004, section 609.115, is amended by adding a subdivision 
19.31 	to read:
19.32 		Subd. 10. Prostitution assessment required.  (a) If a person is convicted of a 
19.33 	controlled substance crime under chapter 152 or a prostitution crime under sections 
20.1 	609.321 to 609.3243, other than as a patron as defined in section 609.321, subdivision 4, 
20.2 	the probation officer shall determine in the report prepared under subdivision 1 whether 
20.3 	or not prostitution was a contributing factor to the commission of the offense. If so, the 
20.4 	report shall contain the results of a prostitution assessment conducted in accordance with 
20.5 	this subdivision. The probation officer shall make an appointment for the defendant to 
20.6 	undergo the prostitution assessment if so indicated.
20.7 	 (b) The prostitution assessment report must include a recommended treatment plan 
20.8 	if the assessor concludes that the offender is in need of treatment. Treatment plans may 
20.9 	include chemical dependency treatment, mental health treatment, aftercare services, sexual 
20.10 	abuse treatment, or an individualized program that may:
20.11 	(1) establish goals for the offender and monitor performance of these goals; 
20.12 	(2) provide individual, group, or family counseling services; and
20.13 	(3) assist the offender in identifying and contacting appropriate community 
20.14 	resources, including affordable housing, child care programs, educational services, and 
20.15 	job training.
20.16 	  The assessment must be conducted by an assessor qualified under section 254A.19 
20.17 	to perform these assessments.  An assessor providing a prostitution assessment may not 
20.18 	have any direct or shared financial interest or referral relationship resulting in shared 
20.19 	financial gain with a treatment provider.  If an independent assessor is not available, the 
20.20 	probation officer may use the services of an assessor with a financial interest or referral 
20.21 	relationship as authorized under rules adopted by the commissioner of human services 
20.22 	under section 254A.19.

20.23 	EFFECTIVE DATE. This section is effective January 1, 2007. 

20.24 	Sec. 35. [609.133] CHEMICAL DEPENDENCY TREATMENT; ASSESSMENT 
20.25 	CHARGE.
20.26 		Subdivision 1.Definition.  As used in this section, "violent crime" has the meaning 
20.27 	given in section 609.1095, subdivision 1. The term also includes violations of sections 
20.28 	609.2231, 609.224, and 609.2242. 
20.29 		Subd. 2. Assessment conducted.  The court shall ensure that a chemical use 
20.30 	assessment is conducted on a person convicted of a violent crime as required in section 
20.31 	169A.70, subdivision 2. 
20.32 		Subd. 3. Charge.  (a) When a court sentences a person convicted of a violent crime, 
20.33 	it shall impose a chemical dependency assessment charge of $125. The court may not 
20.34 	waive payment or authorize payment of the assessment charge in installments unless it 
20.35 	makes written findings on the record that the convicted person is indigent or that the 
21.1 	assessment charge would create undue hardship for the convicted person or that person's 
21.2 	immediate family. 
21.3 	(b) The county shall collect and forward to the commissioner of finance $25 of the 
21.4 	chemical dependency assessment charge within 60 days after sentencing or explain to the 
21.5 	commissioner in writing why the money was not forwarded within this time period. The 
21.6 	commissioner shall credit the money to the general fund. The county shall collect and 
21.7 	keep $100 of the chemical dependency assessment charge. 
21.8 	(c) The chemical dependency assessment charge required under this section is in 
21.9 	addition to the surcharge required by section 357.021, subdivision 6. 

21.10 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
21.11 	committed on or after that date. 

21.12 	Sec. 36. Minnesota Statutes 2004, section 609.135, is amended by adding a subdivision 
21.13 	to read:
21.14 		Subd. 1d. Violation of an exclusion order.  If the court issues an exclusion order 
21.15 	against a defendant and the defendant violates the order, the defendant is guilty of a gross 
21.16 	misdemeanor. For purposes of this section, an "exclusion order" means an order entered 
21.17 	by the court as a condition of pretrial release, probation, parole, or a stay of adjudication 
21.18 	or sentence, that an individual is not to enter a specified geographic area.

21.19 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
21.20 	committed on or after that date. 

21.21 	Sec. 37. Minnesota Statutes 2004, section 609.135, is amended by adding a subdivision 
21.22 	to read:
21.23 		Subd. 9. Certain persons to receive mandatory chemical dependency treatment. 
 21.24 	If a court stays the imposition or execution of sentence for a person convicted of a violent 
21.25 	crime as defined in section 609.133, subdivision 1, as a condition of probation and in 
21.26 	addition to any other conditions imposed, the court shall order the person to submit to the 
21.27 	level of care recommended in the chemical use assessment described in section 169A.70.

21.28 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
21.29 	committed on or after that date. 

21.30 	Sec. 38. Minnesota Statutes 2004, section 609.153, subdivision 1, is amended to read:
21.31 		Subdivision 1.Application. This section applies to the following misdemeanor-level 
21.32 	crimes: sections  609.324 (prostitution);  609.546 (motor vehicle tampering);  609.595
22.1 	(damage to property); 609.605 (trespass); and  609.66 (dangerous weapons); and violations 
22.2 	of local ordinances prohibiting the unlawful sale or possession of controlled substances
22.3 	trespass or loitering with intent to commit a crime. 

22.4 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
22.5 	committed on or after that date. 

22.6 	Sec. 39. STUDY; SENTENCING GUIDELINES COMMISSION.
 22.7 	The Sentencing Guidelines Commission shall study the feasibility and effectiveness 
22.8 	of extending the sentencing guidelines to include presumptive, fixed sentences for 
22.9 	offenders convicted of misdemeanor and gross misdemeanor offenses. The commission 
22.10 	shall report its findings to the house of representatives and senate committees having 
22.11 	jurisdiction over criminal justice policy and funding by January 15, 2007.

22.12 	EFFECTIVE DATE. This section is effective July 1, 2006. 

22.13 	Sec. 40. JUDICIAL TRAINING.
 22.14 	The Supreme Court shall include in its judicial education program training relating 
22.15 	to a judge's powers and duties regarding chemical use assessments. 

22.16 	EFFECTIVE DATE. This section is effective July 1, 2006.

22.17 	Sec. 41. APPROPRIATIONS.
 22.18 	(a) $....... for the fiscal year ending June 30, 2007, is appropriated from the general 
22.19 	fund to the commissioner of public safety. This appropriation must become part of the 
22.20 	base appropriation. Of these amounts: 
22.21 	(1) $....... is to increase the complement of state troopers assigned to enforcing 
22.22 	laws on driving while impaired; 
22.23 	(2) $....... is for grants under Minnesota Statutes, section 299A.62, subdivision 1, 
22.24 	paragraph (b), clause (1), to hire law enforcement officers to increase law enforcement 
22.25 	efforts targeting crimes for driving while impaired; 
22.26 	(3) $....... is for grants to local units of government to conduct compliance checks for 
22.27 	on-sale and off-sale intoxicating liquor license holders to determine whether the license 
22.28 	holder is complying with Minnesota Statutes, section 340A.503; 
22.29 	(4) $....... is for community policing grants under Minnesota Statutes, section 
22.30 	299A.62, subdivision 1, paragraph (b), clause (3); and 
22.31 	(5) $....... is for grants to prevent domestic violence and to provide services to 
22.32 	victims of domestic violence. 
23.1 	The commissioner shall develop criteria for awarding grants under clause (3). 
23.2 	Notwithstanding Minnesota Statutes, section 299A.62, subdivision 2, more than 50 
23.3 	percent of the grants described in clause (2) may be made to government entities other 
23.4 	than Minneapolis and St. Paul. By September 30, 2007, each law enforcement agency 
23.5 	receiving a grant under clause (4) shall provide a written report to the commissioner of 
23.6 	public safety describing how the grant was used and evaluating the effectiveness of the 
23.7 	enhanced community policing provided under this grant. By December 15, 2007, the 
23.8 	commissioner of public safety shall report to the chairs and ranking minority leaders 
23.9 	of the house of representatives and senate committees with jurisdiction over criminal 
23.10 	justice policy and funding on distribution of grants under clause (4). This report also 
23.11 	shall summarize the information provided to the commissioner by the law enforcement 
23.12 	agencies receiving grants. 
23.13 	(b) $....... for the fiscal year ending June 30, 2007, is appropriated from the general 
23.14 	fund to the commissioner of corrections. This appropriation must become part of the base 
23.15 	appropriation. Of these amounts: 
23.16 	(1) $....... is for grants under Minnesota Statutes, section 241.022, subdivisions 1 
23.17 	and 2, for costs associated with incarcerating impaired driving offenders and providing 
23.18 	programming for these offenders; 
23.19 	(2) $....... is for the department's costs associated with incarcerating felony impaired 
23.20 	driving offenders and providing programs for these offenders; 
23.21 	(3) $....... is for grants to counties to establish and operate intensive probation 
23.22 	programs for repeat impaired driving offenders under Minnesota Statutes, section 
23.23 	169A.74; and 
23.24 	(4) $....... is: 
23.25 	(i) for increased chemical dependency treatment programs at state prisons; and 
23.26 	(ii) to provide appropriate chemical dependency treatment, including aftercare 
23.27 	services in Minnesota Statutes, section 254B.01, subdivision 3, for offenders on supervised 
23.28 	release. The commissioner shall cooperate with the commissioners of public safety and 
23.29 	human services as required in Minnesota Statutes, section 169A.74, subdivision 1, when 
23.30 	making the grants described in clause (3). 
23.31 	(c) $....... for the fiscal year ending June 30, 2007, is appropriated from the general 
23.32 	fund to the commissioner of human services for the purposes of fully funding Minnesota 
23.33 	Statutes, section 254B.04, subdivision 1. This appropriation must become part of the base 
23.34 	appropriation for this program. 
24.1 	(d) $....... for the fiscal year ending June 30, 2007, is appropriated from the general 
24.2 	fund to the chief justice of the Supreme Court. This appropriation must become part of 
24.3 	the base appropriation. Of these amounts: 
24.4 	(1) $....... is for the increased training described in section 40; and 
24.5 	(2) $....... is for grants to counties for court services and correctional costs related to 
24.6 	conducting chemical use assessments and prostitution assessments. 
24.7 	(e) $....... for the fiscal year ending June 30, 2007, is appropriated from the general 
24.8 	fund to the commissioner of health for education and prevention initiatives designed 
24.9 	to eliminate underage drinking. This appropriation must become part of the base 
24.10 	appropriation. 
24.11 	(f) $....... for the fiscal year ending June 30, 2007, is appropriated from the general 
24.12 	fund to the commissioner of public safety to implement the Phillips neighborhood safe 
24.13 	zone pilot project. Any remaining funds shall carry over into fiscal year 2008. This is 
24.14 	a onetime appropriation. 

24.15 	EFFECTIVE DATE. This section is effective July 1, 2006.

24.16 	Sec. 42.  REPEALER.
 24.17 	Minnesota Statutes 2004, sections 254B.02, subdivisions 2, 3, and 4; and 254B.09, 
24.18 	subdivisions 4, 5, and 7, are repealed.