SF 802

CCR--SF0802B - 86th Legislature (2009 - 2010)

Posted on 01/15/2013 08:28 p.m.

1.1CONFERENCE COMMITTEE REPORT ON S.F. No. 802 1.2A bill for an act 1.3relating to public safety; appropriating money for public safety, corrections, 1.4and other criminal justice agencies; requiring annual appropriation of money in 1.5Bureau of Criminal Apprehension account to commissioner of public safety; 1.6repealing the mandatory minimum sentences for predatory offender registration 1.7offenses and subsequent controlled substances offenses; providing a 90-day cap 1.8on incarceration for certain first-time supervised release violations; eliminating 1.9the requirement that judges impose a minimum sentence on felony DWI 1.10offenders; requesting the Sentencing Guidelines Commission to rerank the 1.11felony DWI offense; providing for supervised release of offenders; expanding 1.12the challenge incarceration program; requiring the Sentencing Guidelines 1.13Commission and the Departments of Corrections and Public Safety to review 1.14its reports; requiring Department of Corrections to annually report on felony 1.15DWI offenders; requiring that reports to the legislature by criminal justice 1.16agencies be submitted electronically; modifying and expanding the conditional 1.17release program for nonviolent drug offenders; including an advisory board 1.18for consultation with the commissioner of corrections for the conditional 1.19release program; repealing the conditional release program's sunset; authorizing 1.20correctional facilities to forward surcharges from offender wages to court or 1.21other entity collecting the surcharge; repealing reports on out-of-state juvenile 1.22placement; implementing the legislative auditor's recommendations relating 1.23to MINNCOR; requiring the licensure of firefighters; expanding the stay of 1.24adjudication provision for low-level controlled substance offenders; imposing 1.25criminal penalties; appropriating money; amending Minnesota Statutes 2008, 1.26sections 3.195, subdivision 1, by adding a subdivision; 152.021, subdivision 3; 1.27152.022, subdivision 3; 152.023, subdivision 3; 152.024, subdivision 3; 152.025, 1.28subdivision 3; 152.18, subdivision 1; 169A.275, subdivisions 3, 4, 5; 169A.276, 1.29subdivisions 1, 2; 171.29, subdivision 2; 241.27, subdivision 1a, by adding 1.30subdivisions; 243.166, subdivision 5; 244.055, subdivisions 2, 3, 5, 7, by adding 1.31subdivisions; 244.17; 244.172, subdivision 1; 299N.02, subdivision 3; 357.021, 1.32subdivision 6; proposing coding for new law in Minnesota Statutes, chapters 1.33244; 299N; repealing Minnesota Statutes 2008, sections 152.026; 244.055, 1.34subdivisions 6, 11; 260B.199, subdivision 2; 260B.201, subdivision 3; 325E.22. 1.35May 11, 2009 1.36The Honorable James P. Metzen 1.37President of the Senate 1.38The Honorable Margaret Anderson Kelliher 1.39Speaker of the House of Representatives 2.1We, the undersigned conferees for S.F. No. 802 report that we have agreed upon the 2.2items in dispute and recommend as follows: 2.3That the House recede from its amendments and that S.F. No. 802 be further 2.4amended as follows: 2.5Delete everything after the enacting clause and insert: 2.6"ARTICLE 1 2.7APPROPRIATIONS 2.8 Section 1. new text begin SUMMARY OF APPROPRIATIONS. new text end 2.9 new text begin The amounts shown in this section summarize direct appropriations, by fund, made new text end 2.10 new text begin in this article. new text end 2.11 new text begin 2010 new text end new text begin 2011 new text end new text begin Total new text end 2.12 new text begin General new text end new text begin $ new text end new text begin 886,898,000 new text end new text begin $ new text end new text begin 927,148,000 new text end new text begin $ new text end new text begin 1,814,046,000 new text end 2.13 new text begin Federal new text end new text begin 38,000,000 new text end new text begin 0 new text end new text begin 38,000,000 new text end 2.14 2.15 new text begin State Government Special new text end new text begin Revenue new text end new text begin 66,573,000 new text end new text begin 70,336,000 new text end new text begin 136,909,000 new text end 2.16 new text begin Environmental new text end new text begin 69,000 new text end new text begin 69,000 new text end new text begin 138,000 new text end 2.17 new text begin Special Revenue new text end new text begin 14,534,000 new text end new text begin 14,534,000 new text end new text begin 29,068,000 new text end 2.18 new text begin Trunk Highway new text end new text begin 1,941,000 new text end new text begin 1,941,000 new text end new text begin 3,882,000 new text end 2.19 new text begin Total new text end new text begin $ new text end new text begin 1,008,015,000 new text end new text begin $ new text end new text begin 1,014,028,000 new text end new text begin $ new text end new text begin 2,022,043,000 new text end 2.20 Sec. 2. new text begin PUBLIC SAFETY APPROPRIATIONS. new text end 2.21 new text begin The sums shown in the columns marked "Appropriations" are appropriated to the new text end 2.22 new text begin agencies and for the purposes specified in this article. The appropriations are from the new text end 2.23 new text begin general fund, or another named fund, and are available for the fiscal years indicated new text end 2.24 new text begin for each purpose. The figures "2010" and "2011" used in this article mean that the new text end 2.25 new text begin appropriations listed under them are available for the fiscal year ending June 30, 2010, or new text end 2.26 new text begin June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is fiscal new text end 2.27 new text begin year 2011. "The biennium" is fiscal years 2010 and 2011. Appropriations for the fiscal new text end 2.28 new text begin year ending June 30, 2009, are effective the day following final enactment. new text end 2.29 new text begin APPROPRIATIONS new text end 2.30 new text begin Available for the Year new text end 2.31 new text begin Ending June 30 new text end 2.32 new text begin 2010 new text end new text begin 2011 new text end 3.1 Sec. 3. new text begin SUPREME COURT new text end 3.2 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 43,476,000 new text end new text begin $ new text end new text begin 43,475,000 new text end 3.3 new text begin The amounts that may be spent for each new text end 3.4 new text begin purpose are specified in the following new text end 3.5 new text begin subdivisions. new text end 3.6 new text begin Subd. 2. new text end new text begin Supreme Court Operations new text end new text begin 31,376,000 new text end new text begin 31,375,000 new text end 3.7 new text begin (a) new text end new text begin Contingent Account. new text end new text begin $5,000 each year new text end 3.8 new text begin is for a contingent account for expenses new text end 3.9 new text begin necessary for the normal operation of the new text end 3.10 new text begin court for which no other reimbursement is new text end 3.11 new text begin provided. new text end 3.12 new text begin (b) new text end new text begin Criminal Justice Forum. new text end new text begin The chief new text end 3.13 new text begin justice is requested to continue the criminal new text end 3.14 new text begin justice forum to evaluate and examine new text end 3.15 new text begin criminal justice efficiencies and costs new text end 3.16 new text begin savings, and may submit a report of the new text end 3.17 new text begin findings and recommendations to the chairs new text end 3.18 new text begin and ranking minority members of the house new text end 3.19 new text begin of representatives and senate committees new text end 3.20 new text begin with jurisdiction over public safety policy new text end 3.21 new text begin and finance by February 15, 2010. new text end 3.22 new text begin (c) new text end new text begin Civil Justice Forum. new text end new text begin The chief justice new text end 3.23 new text begin is requested to convene a civil justice new text end 3.24 new text begin forum to evaluate and examine civil justice new text end 3.25 new text begin efficiencies and cost savings and may submit new text end 3.26 new text begin a report of the findings and recommendations new text end 3.27 new text begin to the chairs and ranking minority members new text end 3.28 new text begin of the house of representatives and senate new text end 3.29 new text begin committees with jurisdiction over public new text end 3.30 new text begin safety policy and finance by February 15, new text end 3.31 new text begin 2010. new text end 3.32 new text begin (d) new text end new text begin Federal Stimulus Funds. new text end new text begin The Supreme new text end 3.33 new text begin Court is encouraged to apply for all available new text end 4.1 new text begin grants for federal stimulus funds to: (1) new text end 4.2 new text begin continue drug court programs that lose new text end 4.3 new text begin state funding; and (2) make technological new text end 4.4 new text begin improvements within the judicial system. new text end 4.5 new text begin (e) new text end new text begin Judicial and Referee Vacancies. new text end new text begin new text end 4.6 new text begin The Supreme Court shall not certify a new text end 4.7 new text begin judicial or referee vacancy under Minnesota new text end 4.8 new text begin Statutes, section 2.722, until it has examined new text end 4.9 new text begin alternative options, such as temporarily new text end 4.10 new text begin suspending certification of the vacant new text end 4.11 new text begin position or assigning a retired judge to new text end 4.12 new text begin temporarily fill the position. new text end 4.13 new text begin Subd. 3. new text end new text begin Civil Legal Services new text end new text begin 12,100,000 new text end new text begin 12,100,000 new text end 4.14 new text begin Legal Services to Low-Income Clients in new text end 4.15 new text begin Family Law Matters. new text end new text begin Of this appropriation, new text end 4.16 new text begin $877,000 each year is to improve the new text end 4.17 new text begin access of low-income clients to legal new text end 4.18 new text begin representation in family law matters. This new text end 4.19 new text begin appropriation must be distributed under new text end 4.20 new text begin Minnesota Statutes, section 480.242, to new text end 4.21 new text begin the qualified legal services programs new text end 4.22 new text begin described in Minnesota Statutes, section new text end 4.23 new text begin 480.242, subdivision 2, paragraph (a). Any new text end 4.24 new text begin unencumbered balance remaining in the first new text end 4.25 new text begin year does not cancel and is available in the new text end 4.26 new text begin second year. new text end 4.27 Sec. 4. new text begin COURT OF APPEALS new text end new text begin $ new text end new text begin 10,285,000 new text end new text begin $ new text end new text begin 10,285,000 new text end 4.28 Sec. 5. new text begin TRIAL COURTS new text end new text begin $ new text end new text begin 250,116,000 new text end new text begin $ new text end new text begin 250,116,000 new text end 4.29 Sec. 6. new text begin TAX COURT new text end new text begin $ new text end new text begin 818,000 new text end new text begin $ new text end new text begin 818,000 new text end 4.30 Sec. 7. new text begin UNIFORM LAWS COMMISSION new text end new text begin $ new text end new text begin 51,000 new text end new text begin $ new text end new text begin 51,000 new text end 5.1 Sec. 8. new text begin BOARD ON JUDICIAL STANDARDS new text end new text begin $ new text end new text begin 456,000 new text end new text begin $ new text end new text begin 456,000 new text end 5.2 new text begin $125,000 each year is for special new text end 5.3 new text begin investigative and hearing costs for major new text end 5.4 new text begin disciplinary actions undertaken by the new text end 5.5 new text begin board. This appropriation does not cancel. new text end 5.6 new text begin Any encumbered and unspent balances new text end 5.7 new text begin remain available for these expenditures in new text end 5.8 new text begin subsequent fiscal years. new text end 5.9 Sec. 9. new text begin BOARD OF PUBLIC DEFENSE new text end new text begin $ new text end new text begin 66,028,000 new text end new text begin $ new text end new text begin 66,028,000 new text end 5.10 Sec. 10. new text begin PUBLIC SAFETY new text end 5.11 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 158,678,000 new text end new text begin $ new text end new text begin 162,441,000 new text end 5.12 new text begin Appropriations by Fund new text end 5.13 new text begin 2010 new text end new text begin 2011 new text end 5.14 new text begin General new text end new text begin 80,463,000 new text end new text begin 80,463,000 new text end 5.15 new text begin Special Revenue new text end new text begin 9,632,000 new text end new text begin 9,632,000 new text end 5.16 5.17 new text begin State Government new text end new text begin Special Revenue new text end new text begin 66,573,000 new text end new text begin 70,336,000 new text end 5.18 new text begin Environmental new text end new text begin 69,000 new text end new text begin 69,000 new text end 5.19 new text begin Trunk Highway new text end new text begin 1,941,000 new text end new text begin 1,941,000 new text end 5.20 new text begin The amounts that may be spent for each new text end 5.21 new text begin purpose are specified in the following new text end 5.22 new text begin subdivisions. new text end 5.23 new text begin (a) new text end new text begin Car Fleet. new text end new text begin By January 1, 2010, new text end 5.24 new text begin the commissioner shall reduce the new text end 5.25 new text begin department's fleet of cars that are not used for new text end 5.26 new text begin investigations by at least five percent when new text end 5.27 new text begin compared to the fleet's status on January 1, new text end 5.28 new text begin 2009. This paragraph shall not apply to State new text end 5.29 new text begin Patrol vehicles purchased or maintained new text end 5.30 new text begin using trunk highway funds. new text end 6.1 new text begin (b) new text end new text begin Prohibition on Use of Appropriation. new text end new text begin new text end 6.2 new text begin No portion of this appropriation may be new text end 6.3 new text begin used for the purchase of motor vehicles new text end 6.4 new text begin or out-of-state travel that is not directly new text end 6.5 new text begin connected with and necessary to carry out new text end 6.6 new text begin the core functions of the department. new text end 6.7 new text begin Subd. 2. new text end new text begin Emergency Management new text end new text begin 2,583,000 new text end new text begin 2,583,000 new text end 6.8 new text begin Appropriations by Fund new text end 6.9 new text begin General new text end new text begin 1,910,000 new text end new text begin 1,910,000 new text end 6.10 new text begin Special Revenue new text end new text begin 604,000 new text end new text begin 604,000 new text end 6.11 new text begin Environmental new text end new text begin 69,000 new text end new text begin 69,000 new text end 6.12 new text begin Hazmat and Chemical Assessment Teams. new text end new text begin new text end 6.13 new text begin $604,000 each year is appropriated from the new text end 6.14 new text begin fire safety account in the special revenue new text end 6.15 new text begin fund. These amounts must be used to new text end 6.16 new text begin fund the hazardous materials and chemical new text end 6.17 new text begin assessment teams. new text end 6.18 new text begin Subd. 3. new text end new text begin Criminal Apprehension new text end new text begin 43,368,000 new text end new text begin 43,368,000 new text end 6.19 new text begin Appropriations by Fund new text end 6.20 new text begin General new text end new text begin 41,420,000 new text end new text begin 41,420,000 new text end 6.21 6.22 new text begin State Government new text end new text begin Special Revenue new text end new text begin 7,000 new text end new text begin 7,000 new text end 6.23 new text begin Trunk Highway new text end new text begin 1,941,000 new text end new text begin 1,941,000 new text end 6.24 new text begin DWI Lab Analysis; Trunk Highway Fund. new text end new text begin new text end 6.25 new text begin Notwithstanding Minnesota Statutes, section new text end 6.26 new text begin 161.20, subdivision 3 new text end new text begin , $1,941,000 each year new text end 6.27 new text begin is appropriated from the trunk highway fund new text end 6.28 new text begin for laboratory analysis related to driving new text end 6.29 new text begin while impaired cases. new text end 6.30 new text begin Subd. 4. new text end new text begin Fire Marshal new text end new text begin 8,125,000 new text end new text begin 8,125,000 new text end 7.1 new text begin This appropriation is from the fire safety new text end 7.2 new text begin account in the special revenue fund. new text end 7.3 new text begin Of this amount, $5,857,000 each year is for new text end 7.4 new text begin activities under Minnesota Statutes, section new text end 7.5 new text begin 299F.012, and $2,268,000 each year is for new text end 7.6 new text begin transfer to the general fund under Minnesota new text end 7.7 new text begin Statutes, section 297I.06, subdivision 3. new text end 7.8 new text begin Subd. 5. new text end new text begin Alcohol and Gambling Enforcement new text end new text begin 2,538,000 new text end new text begin 2,538,000 new text end 7.9 new text begin Appropriations by Fund new text end 7.10 new text begin General new text end new text begin 1,635,000 new text end new text begin 1,635,000 new text end 7.11 new text begin Special Revenue new text end new text begin 903,000 new text end new text begin 903,000 new text end 7.12 new text begin This appropriation is from the alcohol new text end 7.13 new text begin enforcement account in the special revenue new text end 7.14 new text begin fund. Of this appropriation, $750,000 each new text end 7.15 new text begin year shall be transferred to the general fund. new text end 7.16 new text begin The transfer amount for fiscal year 2012 and new text end 7.17 new text begin fiscal year 2013 shall be $500,000 per year. new text end 7.18 new text begin Subd. 6. new text end new text begin Office of Justice Programs new text end new text begin 35,594,000 new text end new text begin 35,594,000 new text end 7.19 new text begin Appropriations by Fund new text end 7.20 new text begin General new text end new text begin 35,498,000 new text end new text begin 35,498,000 new text end 7.21 7.22 new text begin State Government new text end new text begin Special Revenue new text end new text begin 96,000 new text end new text begin 96,000 new text end 7.23 new text begin (a) new text end new text begin Federal Stimulus Money. new text end new text begin The Office new text end 7.24 new text begin of Justice programs shall give priority to new text end 7.25 new text begin awarding grants for federal stimulus money new text end 7.26 new text begin to the following activities and programs: new text end 7.27 new text begin (1) organizations that provide mentoring new text end 7.28 new text begin grants for children of incarcerated parents; new text end 7.29 new text begin (2) youth intervention programs, as defined new text end 7.30 new text begin under Minnesota Statutes, section 299A.73, new text end 7.31 new text begin with an emphasis on those programs that new text end 8.1 new text begin provide early intervention youth services to new text end 8.2 new text begin children in their communities; new text end 8.3 new text begin (3) re-entry programs for offenders, with a new text end 8.4 new text begin priority on continuing to fund the nonprofit new text end 8.5 new text begin organization selected to administer the new text end 8.6 new text begin demonstration project for high risk adults new text end 8.7 new text begin under Laws 2007, chapter 54, article 1, new text end 8.8 new text begin section 19; new text end 8.9 new text begin (4) trafficking victim programs, including new text end 8.10 new text begin legal advocacy clinics, training programs, new text end 8.11 new text begin public awareness initiatives, and victim new text end 8.12 new text begin services hotlines; new text end 8.13 new text begin (5) nonprofit organizations dedicated new text end 8.14 new text begin to providing immediate and long-term new text end 8.15 new text begin emotional support and practical help for new text end 8.16 new text begin families and friends of persons who have new text end 8.17 new text begin died traumatically; new text end 8.18 new text begin (6) programs that seek to develop and new text end 8.19 new text begin increase juvenile detention alternatives; new text end 8.20 new text begin (7) restorative justice programs, as defined new text end 8.21 new text begin in Minnesota Statutes, section 611A.775, new text end 8.22 new text begin except that a program that receives federal new text end 8.23 new text begin funds shall not use the funds for cases new text end 8.24 new text begin involving domestic assault; and new text end 8.25 new text begin (8) judicial branch efficiency programs, new text end 8.26 new text begin including e-citation and fine management new text end 8.27 new text begin and collection program improvements. new text end 8.28 new text begin For purposes of this subdivision, "federal new text end 8.29 new text begin stimulus money" means money provided to new text end 8.30 new text begin the state under the American Recovery and new text end 8.31 new text begin Reinvestment Act of 2009. new text end 8.32 new text begin (b) new text end new text begin Crime Victim and Youth Intervention new text end 8.33 new text begin Programs. new text end new text begin For the biennium ending June new text end 8.34 new text begin 30, 2011, funding for the following programs new text end 9.1 new text begin must not be reduced by more than three new text end 9.2 new text begin percent from the level of state base funding new text end 9.3 new text begin provided for the biennium ending June 30, new text end 9.4 new text begin 2009: (1) crime victim reparations; (2) new text end 9.5 new text begin battered women's shelters and domestic new text end 9.6 new text begin violence programs; (3) general crime victim new text end 9.7 new text begin programs; (4) sexual assault victim programs; new text end 9.8 new text begin and (5) youth intervention programs. new text end 9.9 new text begin (c) new text end new text begin Administration Costs. new text end new text begin Up to 2.5 percent new text end 9.10 new text begin of the grant money appropriated in this new text end 9.11 new text begin subdivision may be used to administer the new text end 9.12 new text begin grant program. new text end 9.13 new text begin Subd. 7. new text end new text begin Emergency Communication Networks new text end new text begin 66,470,000 new text end new text begin 70,233,000 new text end 9.14 new text begin This appropriation is from the state new text end 9.15 new text begin government special revenue fund for 911 new text end 9.16 new text begin emergency telecommunications services. new text end 9.17 new text begin (a) new text end new text begin Public Safety Answering Points. new text end new text begin new text end 9.18 new text begin $13,664,000 each year is to be distributed new text end 9.19 new text begin as provided in Minnesota Statutes, section new text end 9.20 new text begin 403.113, subdivision 2. new text end 9.21 new text begin (b) new text end new text begin Medical Resource Communication new text end 9.22 new text begin Centers. new text end new text begin $683,000 each year is for grants new text end 9.23 new text begin to the Minnesota Emergency Medical new text end 9.24 new text begin Services Regulatory Board for the Metro new text end 9.25 new text begin East and Metro West Medical Resource new text end 9.26 new text begin Communication Centers that were in new text end 9.27 new text begin operation before January 1, 2000. new text end 9.28 new text begin (c) new text end new text begin ARMER Debt Service. new text end new text begin $17,557,000 the new text end 9.29 new text begin first year and $23,261,000 the second year new text end 9.30 new text begin are to the commissioner of finance to pay new text end 9.31 new text begin debt service on revenue bonds issued under new text end 9.32 new text begin Minnesota Statutes, section 403.275. new text end 9.33 new text begin Any portion of this appropriation not needed new text end 9.34 new text begin to pay debt service in a fiscal year may be new text end 10.1 new text begin used by the commissioner of public safety to new text end 10.2 new text begin pay cash for any of the capital improvements new text end 10.3 new text begin for which bond proceeds were appropriated new text end 10.4 new text begin by Laws 2005, chapter 136, article 1, section new text end 10.5 new text begin 9, subdivision 8, or Laws 2007, chapter 54, new text end 10.6 new text begin article 1, section 10, subdivision 8. new text end 10.7 new text begin (d) new text end new text begin Metropolitan Council Debt Service. new text end new text begin new text end 10.8 new text begin $1,410,000 each year is to the commissioner new text end 10.9 new text begin of finance for payment to the Metropolitan new text end 10.10 new text begin Council for debt service on bonds issued new text end 10.11 new text begin under Minnesota Statutes, section 403.27. new text end 10.12 new text begin (e) new text end new text begin ARMER State Backbone Operating new text end 10.13 new text begin Costs. new text end new text begin $5,060,000 each year is to the new text end 10.14 new text begin commissioner of transportation for costs new text end 10.15 new text begin of maintaining and operating the statewide new text end 10.16 new text begin radio system backbone. new text end 10.17 new text begin (f) new text end new text begin ARMER Improvements. new text end new text begin $1,000,000 new text end 10.18 new text begin each year is for the Statewide Radio Board new text end 10.19 new text begin for costs of design, construction, maintenance new text end 10.20 new text begin of, and improvements to those elements new text end 10.21 new text begin of the statewide public safety radio and new text end 10.22 new text begin communication system that support mutual new text end 10.23 new text begin aid communications and emergency medical new text end 10.24 new text begin services or provide enhancement of public new text end 10.25 new text begin safety communication interoperability. new text end 10.26 new text begin (g) new text end new text begin Next Generation 911. new text end new text begin $3,431,000 the new text end 10.27 new text begin first year and $6,490,000 the second year new text end 10.28 new text begin are to replace the current system with the new text end 10.29 new text begin Next Generation Internet Protocol (IP) based new text end 10.30 new text begin network. The base level of funding for fiscal new text end 10.31 new text begin year 2012 shall be $2,965,000. new text end 10.32 new text begin (h) new text end new text begin Grants to Local Government. new text end 10.33 new text begin $5,000,000 the first year is for grants to new text end 10.34 new text begin local units of government to assist with new text end 11.1 new text begin the transition to the ARMER system. This new text end 11.2 new text begin appropriation is available until June 30, 2012. new text end 11.3 11.4 Sec. 11. new text begin PEACE OFFICER STANDARDS new text end new text begin AND TRAINING BOARD (POST) new text end new text begin $ new text end new text begin 4,012,000 new text end new text begin $ new text end new text begin 4,012,000 new text end 11.5 new text begin (a) new text end new text begin Excess Amounts Transferred. new text end new text begin This new text end 11.6 new text begin appropriation is from the peace officer new text end 11.7 new text begin training account in the special revenue fund. new text end 11.8 new text begin Any new receipts credited to that account in new text end 11.9 new text begin the first year in excess of $4,012,000 must be new text end 11.10 new text begin transferred and credited to the general fund. new text end 11.11 new text begin Any new receipts credited to that account in new text end 11.12 new text begin the second year in excess of $4,012,000 must new text end 11.13 new text begin be transferred and credited to the general new text end 11.14 new text begin fund. new text end 11.15 new text begin (b) new text end new text begin Peace Officer Training new text end 11.16 new text begin Reimbursements. new text end new text begin $2,859,000 each new text end 11.17 new text begin year is for reimbursements to local new text end 11.18 new text begin governments for peace officer training costs. new text end 11.19 new text begin (c) new text end new text begin Prohibition on Use of Appropriation. new text end new text begin new text end 11.20 new text begin No portion of this appropriation may be new text end 11.21 new text begin used for the purchase of motor vehicles new text end 11.22 new text begin or out-of-state travel that is not directly new text end 11.23 new text begin connected with and necessary to carry out new text end 11.24 new text begin the core functions of the board. new text end 11.25 Sec. 12. new text begin PRIVATE DETECTIVE BOARD new text end new text begin $ new text end new text begin 123,000 new text end new text begin $ new text end new text begin 123,000 new text end 11.26 new text begin Prohibition on Use of Appropriation. new text end new text begin No new text end 11.27 new text begin portion of this appropriation may be used for new text end 11.28 new text begin the purchase of motor vehicles or out-of-state new text end 11.29 new text begin travel that is not directly connected with and new text end 11.30 new text begin necessary to carry out the core functions of new text end 11.31 new text begin the board. new text end 11.32 Sec. 13. new text begin HUMAN RIGHTS new text end new text begin $ new text end new text begin 3,524,000 new text end new text begin $ new text end new text begin 3,524,000 new text end 12.1 new text begin Prohibition on Use of Appropriation. new text end new text begin No new text end 12.2 new text begin portion of this appropriation may be used for new text end 12.3 new text begin the purchase of motor vehicles or out-of-state new text end 12.4 new text begin travel that is not directly connected with and new text end 12.5 new text begin necessary to carry out the core functions of new text end 12.6 new text begin the department. new text end 12.7 Sec. 14. new text begin DEPARTMENT OF CORRECTIONS new text end 12.8 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 469,844,000 new text end new text begin $ new text end new text begin 472,095,000 new text end 12.9 new text begin Appropriations by Fund new text end 12.10 new text begin 2010 new text end new text begin 2011 new text end 12.11 new text begin General new text end new text begin 430,954,000 new text end new text begin 471,205,000 new text end 12.12 new text begin Special Revenue new text end new text begin 890,000 new text end new text begin 890,000 new text end 12.13 new text begin Federal new text end new text begin 38,000,000 new text end new text begin 0 new text end 12.14 new text begin The amounts that may be spent for each new text end 12.15 new text begin purpose are specified in the following new text end 12.16 new text begin subdivisions. new text end 12.17 new text begin (a) new text end new text begin Car Fleet. new text end new text begin By January 1, 2010, the new text end 12.18 new text begin commissioner must reduce the department's new text end 12.19 new text begin fleet of cars by 20 percent. new text end 12.20 new text begin (b) new text end new text begin Prohibition on Use of Appropriation. new text end new text begin new text end 12.21 new text begin No portion of this appropriation may be new text end 12.22 new text begin used for the purchase of motor vehicles new text end 12.23 new text begin or out-of-state travel that is not directly new text end 12.24 new text begin connected with and necessary to carry out new text end 12.25 new text begin the core functions of the department. new text end 12.26 new text begin Subd. 2. new text end new text begin Correctional Institutions new text end new text begin 334,341,000 new text end new text begin 338,199,000 new text end 12.27 new text begin Appropriations by Fund new text end 12.28 new text begin General new text end new text begin 295,761,000 new text end new text begin 337,619,000 new text end 12.29 new text begin Special Revenue new text end new text begin 580,000 new text end new text begin 580,000 new text end 12.30 new text begin Federal new text end new text begin 38,000,000 new text end new text begin 0 new text end 13.1 new text begin $38,000,000 the first year is from the fiscal new text end 13.2 new text begin stabilization account in the federal fund. This new text end 13.3 new text begin is a onetime appropriation. new text end 13.4 new text begin The general fund base for this program shall new text end 13.5 new text begin be $326,085,000 in fiscal year 2012 and new text end 13.6 new text begin $330,430,000 in fiscal year 2013. new text end 13.7 new text begin (a) new text end new text begin Treatment Alternatives; Report. new text end new text begin By new text end 13.8 new text begin December 15, 2009, the commissioner new text end 13.9 new text begin must submit an electronic report to the new text end 13.10 new text begin chairs and ranking minority members of new text end 13.11 new text begin the house of representatives and senate new text end 13.12 new text begin committees with jurisdiction over public new text end 13.13 new text begin safety policy and finance concerning new text end 13.14 new text begin alternative chemical dependency treatment new text end 13.15 new text begin opportunities. The report must identify new text end 13.16 new text begin alternatives that represent best practices in new text end 13.17 new text begin chemical dependency treatment of offenders. new text end 13.18 new text begin The report must contain suggestions for new text end 13.19 new text begin reducing the length of time between new text end 13.20 new text begin offender commitment to the custody of the new text end 13.21 new text begin commissioner and graduation from chemical new text end 13.22 new text begin dependency treatment. To the extent new text end 13.23 new text begin possible, the report shall identify options new text end 13.24 new text begin that will (1) reduce the cost of treatment; new text end 13.25 new text begin (2) expand the number of treatment beds; new text end 13.26 new text begin (3) improve treatment outcomes; and (4) new text end 13.27 new text begin lower the rate of substance abuse relapse and new text end 13.28 new text begin criminal recidivism. new text end 13.29 new text begin (b) new text end new text begin Challenge Incarceration; Maximum new text end 13.30 new text begin Occupancy. new text end new text begin The commissioner shall work to new text end 13.31 new text begin fill all available challenge incarceration beds new text end 13.32 new text begin for both male and female offenders. If the new text end 13.33 new text begin commissioner fails to fill at least 90 percent new text end 13.34 new text begin of the available challenge incarceration beds new text end 13.35 new text begin by December 1, 2009, the commissioner new text end 14.1 new text begin must submit a report to the chairs and new text end 14.2 new text begin ranking minority members of the house of new text end 14.3 new text begin representatives and senate committees with new text end 14.4 new text begin jurisdiction over public safety policy and new text end 14.5 new text begin finance by January 15, 2010, explaining what new text end 14.6 new text begin steps the commissioner has taken to fill the new text end 14.7 new text begin beds and why those steps failed to reach the new text end 14.8 new text begin goal established by the legislature. new text end 14.9 new text begin (c) new text end new text begin Institutional Efficiencies. new text end new text begin The new text end 14.10 new text begin commissioner shall strive for institutional new text end 14.11 new text begin efficiencies and must reduce the fiscal year new text end 14.12 new text begin 2008 average adult facility per diem of new text end 14.13 new text begin $89.77 by one percent. The base is cut by new text end 14.14 new text begin $2,850,000 in the first year and $2,850,000 new text end 14.15 new text begin in the second year to reflect a one percent new text end 14.16 new text begin reduction in the projected adult facility per new text end 14.17 new text begin diem. In reducing the projected adult facility new text end 14.18 new text begin per diem, the commissioner must consider new text end 14.19 new text begin the following: new text end 14.20 new text begin (1) cooperating with the state of Wisconsin new text end 14.21 new text begin to obtain economies of scale; new text end 14.22 new text begin (2) increasing the bed capacity of the new text end 14.23 new text begin challenge incarceration program; new text end 14.24 new text begin (3) increasing the number of nonviolent drug new text end 14.25 new text begin offenders who are granted conditional release new text end 14.26 new text begin under Minnesota Statutes, section 244.055; new text end 14.27 new text begin (4) increasing the use of compassionate new text end 14.28 new text begin release or less costly detention alternatives new text end 14.29 new text begin for elderly and infirm offenders; new text end 14.30 new text begin (5) discontinuing the department's practice new text end 14.31 new text begin of annually assigning a warden to serve as new text end 14.32 new text begin a legislative liaison during the legislative new text end 14.33 new text begin session; new text end 15.1 new text begin (6) consolidating staff from correctional new text end 15.2 new text begin institutions in geographical proximity to each new text end 15.3 new text begin other to achieve efficiencies and cost savings, new text end 15.4 new text begin including wardens, deputy wardens, and new text end 15.5 new text begin human resources, technology, and employee new text end 15.6 new text begin development personnel; new text end 15.7 new text begin (7) consolidating the department's human new text end 15.8 new text begin resources, technology, and employee new text end 15.9 new text begin development functions in a centralized new text end 15.10 new text begin location; new text end 15.11 new text begin (8) implementing corrections best practices; new text end 15.12 new text begin and new text end 15.13 new text begin (9) implementing cost-saving measures used new text end 15.14 new text begin by other states and the federal government. new text end 15.15 new text begin The commissioner must not eliminate new text end 15.16 new text begin correctional officer positions or implement new text end 15.17 new text begin any other measure that will jeopardize public new text end 15.18 new text begin safety to achieve the mandated cost savings. new text end 15.19 new text begin The commissioner also must not eliminate new text end 15.20 new text begin treatment beds to achieve the mandated cost new text end 15.21 new text begin savings. new text end 15.22 new text begin (d) new text end new text begin Per Diem Reduction. new text end new text begin If the new text end 15.23 new text begin commissioner fails to reduce the per diem by new text end 15.24 new text begin one percent, the commissioner must: new text end 15.25 new text begin (1) reduce the funding for operations support new text end 15.26 new text begin by the amount of unrealized savings; and new text end 15.27 new text begin (2) submit a report by February 15, new text end 15.28 new text begin 2010, to the chairs and ranking minority new text end 15.29 new text begin members of the house of representatives new text end 15.30 new text begin and senate committees with jurisdiction new text end 15.31 new text begin over public safety policy and finance that new text end 15.32 new text begin contains descriptions of what efforts the new text end 15.33 new text begin commissioner made to reduce the per diem, new text end 15.34 new text begin explanations for why those steps failed to new text end 16.1 new text begin reduce the per diem by one percent, proposed new text end 16.2 new text begin legislative options that would assist the new text end 16.3 new text begin commissioner in reducing the adult facility new text end 16.4 new text begin per diem, and descriptions of the specific new text end 16.5 new text begin actions the commissioner took to reduce new text end 16.6 new text begin funding in operations support. new text end 16.7 new text begin If the commissioner reduces the per diem new text end 16.8 new text begin by more than one percent, the commissioner new text end 16.9 new text begin must use the savings to provide treatment to new text end 16.10 new text begin offenders. new text end 16.11 new text begin (e) new text end new text begin Reductions to Certain Programming new text end 16.12 new text begin Prohibited. new text end new text begin When allocating reductions new text end 16.13 new text begin in services and programming under this new text end 16.14 new text begin appropriation, the commissioner may not new text end 16.15 new text begin make reductions to inmate educational new text end 16.16 new text begin programs, chemical dependency programs, new text end 16.17 new text begin or reentry programs. new text end 16.18 new text begin (f) new text end new text begin Drug Court Bed Savings. new text end new text begin The new text end 16.19 new text begin commissioner must consider the bed impact new text end 16.20 new text begin savings of drug courts in formulating its new text end 16.21 new text begin prison bed projections. new text end 16.22 new text begin (g) new text end new text begin Transfer. new text end new text begin Notwithstanding Minnesota new text end 16.23 new text begin Statutes, section 241.27, the commissioner new text end 16.24 new text begin of finance shall transfer $1,000,000 the first new text end 16.25 new text begin year and $1,000,000 the second year from the new text end 16.26 new text begin Minnesota Correctional Industries revolving new text end 16.27 new text begin fund to the general fund. new text end 16.28 new text begin Subd. 3. new text end new text begin Community Services new text end new text begin 114,144,000 new text end new text begin 112,537,000 new text end 16.29 new text begin Appropriations by Fund new text end 16.30 new text begin General new text end new text begin 114,044,000 new text end new text begin 112,437,000 new text end 16.31 new text begin Special Revenue new text end new text begin 100,000 new text end new text begin 100,000 new text end 16.32 new text begin Short-Term Offenders. new text end new text begin $1,607,000 the new text end 16.33 new text begin first year is for costs associated with the new text end 17.1 new text begin housing and care of short-term offenders new text end 17.2 new text begin sentenced prior to June 30, 2009, and housed new text end 17.3 new text begin in local jails. The commissioner may use new text end 17.4 new text begin up to ten percent of the total amount of the new text end 17.5 new text begin appropriation for inpatient medical care new text end 17.6 new text begin for short-term offenders with less than six new text end 17.7 new text begin months to serve as affected by the changes new text end 17.8 new text begin made to Minnesota Statutes, section 609.105, new text end 17.9 new text begin by Laws 2003, First Special Session chapter new text end 17.10 new text begin 2, article 5, sections 7 to 9. All funds not new text end 17.11 new text begin expended for inpatient medical care shall be new text end 17.12 new text begin added to and distributed with the housing new text end 17.13 new text begin funds. These funds shall be distributed new text end 17.14 new text begin proportionately based on the total number of new text end 17.15 new text begin days short-term offenders are placed locally, new text end 17.16 new text begin not to exceed the fiscal year 2009 per diem. new text end 17.17 new text begin All funds remaining after reimbursements are new text end 17.18 new text begin made shall be transferred to the department's new text end 17.19 new text begin institution base budget to offset the costs new text end 17.20 new text begin of housing short-term offenders who are new text end 17.21 new text begin sentenced on or after July 1, 2009, and new text end 17.22 new text begin incarcerated in state correctional facilities. new text end 17.23 new text begin Short-term offenders sentenced before July new text end 17.24 new text begin 1, 2009, may be housed in a state correctional new text end 17.25 new text begin facility at the discretion of the commissioner. new text end 17.26 new text begin This does not preclude the commissioner new text end 17.27 new text begin from contracting with local jails to house new text end 17.28 new text begin offenders committed to the custody of the new text end 17.29 new text begin commissioner. new text end 17.30 new text begin The Department of Corrections is exempt new text end 17.31 new text begin from the state contracting process for the new text end 17.32 new text begin purposes of Minnesota Statutes, section new text end 17.33 new text begin 609.105, as amended by Laws 2003, First new text end 17.34 new text begin Special Session chapter 2, article 5, sections new text end 17.35 new text begin 7 to 9. new text end 18.1 new text begin Subd. 4. new text end new text begin Operations Support new text end new text begin 21,359,000 new text end new text begin 21,359,000 new text end 18.2 new text begin Appropriations by Fund new text end 18.3 new text begin General new text end new text begin 21,149,000 new text end new text begin 21,149,000 new text end 18.4 new text begin Special Revenue new text end new text begin 210,000 new text end new text begin 210,000 new text end 18.5 Sec. 15. new text begin SENTENCING GUIDELINES new text end new text begin $ new text end new text begin 604,000 new text end new text begin $ new text end new text begin 604,000 new text end 18.6 new text begin Prohibition on Use of Appropriation. new text end new text begin No new text end 18.7 new text begin portion of this appropriation may be used for new text end 18.8 new text begin the purchase of motor vehicles or out-of-state new text end 18.9 new text begin travel that is not directly connected with and new text end 18.10 new text begin necessary to carry out the core functions of new text end 18.11 new text begin the commission. new text end 18.12ARTICLE 2 18.13COURTS AND PUBLIC DEFENDERS 18.14    Section 1. Minnesota Statutes 2008, section 2.722, subdivision 4, is amended to read: 18.15    Subd. 4. Determination of a judicial vacancy. (a) When a judge of the district 18.16court dies, resigns, retires, or is removed from office, the Supreme Court, in consultation 18.17with judges and attorneys in the affected district, shall determine within 90 days of new text begin after new text end 18.18receiving notice of a vacancy from the governor whether the vacant office is necessary 18.19for effective judicial administration or is necessary for adequate access to the courts. 18.20In determining whether the position is necessary for adequate access to the courts, the 18.21Supreme Court shall consider whether abolition or transfer of the position would result in 18.22a county having no chambered judge. The Supreme Court may continue the position, may 18.23order the position abolished, or may transfer the position to a judicial district where need 18.24for additional judges exists, designating the position as either a county, county/municipal 18.25or district court judgeship. The Supreme Court shall certify any vacancy to the governor, 18.26who shall fill it in the manner provided by law. 18.27(b) If a judge of district court fails to timely file an affidavit of candidacy and filing 18.28fee or petition in lieu of a fee, the official with whom the affidavits of candidacy are 18.29required to be filed shall notify the Supreme Court that the incumbent judge is not seeking 18.30reelection. Within five days of receipt of the notice, the Supreme Court shall determine 18.31whether the judicial position is necessary for effective judicial administration or adequate 18.32access to the courts and notify the official responsible for certifying the election results of 19.1its determination. In determining whether the position is necessary for adequate access to 19.2the courts, the Supreme Court shall consider whether abolition or transfer of the position 19.3would result in a county having no chambered judge. The Supreme Court may continue 19.4the position, may order the position abolished, or may transfer the position to a judicial 19.5district where the need for additional judgeships exists. If the position is abolished or 19.6transferred, the election may not be held. If the position is transferred, the court shall also 19.7notify the governor of the transfer. Upon transfer, the position is vacant and the governor 19.8shall fill it in the manner provided by law. An order abolishing or transferring a position is 19.9effective the first Monday in the next January. 19.10    Sec. 2. Minnesota Statutes 2008, section 2.722, subdivision 4a, is amended to read: 19.11    Subd. 4a. Referee vacancy; conversion to judgeship. When a referee of the 19.12district court dies, resigns, retires, or is voluntarily removed from the position, the chief 19.13judge of the district shall notify the Supreme Court and may petition to request that the 19.14position be converted to a judgeship. The Supreme Court shall determine within 90 19.15days of the petition whether to order the position abolished or convert the position to a 19.16judgeship in the affected or another judicial district. The Supreme Court shall certify any 19.17judicial vacancy to the governor, who shall fill it in the manner provided by law. The 19.18conversion of a referee position to a judgeship under this subdivision shall not reduce the 19.19total number of judges and referees hearing cases in the family and juvenile courts. 19.20    Sec. 3. Minnesota Statutes 2008, section 2.724, subdivision 2, is amended to read: 19.21    Subd. 2. Procedure. To promote and secure more efficient administration of justice, 19.22the chief justice of the Supreme Court of the state shall supervise and coordinate the work 19.23of the courts of the state. The Supreme Court may provide by rule that the chief justice not 19.24be required to write opinions as a member of the Supreme Court. Its rules may further 19.25provide for it to hear and consider cases in divisions. It may by rule assign temporarily 19.26any retired justice of the Supreme Court or one judge of the Court of Appeals or district 19.27court judge at a time to act as a justice of the Supreme Court or any number of justices 19.28or retired justices of the Supreme Court to act as judges of the Court of Appeals. Upon 19.29the assignment of a Court of Appeals judge or a district court judge to act as a justice of 19.30the Supreme Court, a judge previously acting as a justice may complete unfinished duties 19.31of that position. Any number of justices may disqualify themselves from hearing and 19.32considering a case, in which event the Supreme Court may assign temporarily a retired 19.33justice of the Supreme Court, a Court of Appeals judge, or a district court judge to hear 19.34and consider the case in place of each disqualified justice. A retired justice who is acting 20.1as a justice of the Supreme Court or judge of the Court of Appeals under this section shall 20.2receive, in addition to retirement pay, out of the general fund of the state, an amount to 20.3make the retired justice's total compensation equal to the same salary as a justice or judge 20.4of the court on which the justice is acting. 20.5    Sec. 4. Minnesota Statutes 2008, section 2.724, subdivision 3, is amended to read: 20.6    Subd. 3. Retired justices and judges. (a) The chief justice of the Supreme Court 20.7may assign a retired justice of the Supreme Court to act as a justice of the Supreme Court 20.8pursuant to subdivision 2 or as a judge of any other court. The chief justice may assign a 20.9retired judge of any court to act as a judge of any court except the Supreme Court. The 20.10chief justice of the Supreme Court shall determine the pay and expenses to be received by 20.11a new text begin justice or new text end judge acting pursuant to this paragraph. 20.12(b) A judge who has been elected to office and who has retired as a judge in good 20.13standing and is not practicing law may also be appointed to serve as judge of any court 20.14except the Supreme Court. A retired judge acting under this paragraph will receive pay 20.15and expenses in the amount established by the Supreme Court. 20.16    Sec. 5. Minnesota Statutes 2008, section 86B.705, subdivision 2, is amended to read: 20.17    Subd. 2. Fines and bail money. (a) All fines, installment payments, and forfeited 20.18bail money collected from persons convicted of violations of this chapter or rules adopted 20.19thereunder, or of a violation of section 169A.20 involving a motorboat, shall be paid to 20.20the county treasurer of the county where the violation occurred by the court administrator 20.21or other person collecting the money within 15 days after the last day of the month the 20.22money was collected new text begin deposited in the state treasury new text end . 20.23(b) One-half of the receipts shall be credited to the general revenue fund of the 20.24county. The other one-half of the receipts shall be transmitted by the county treasurer to 20.25the commissioner of natural resources to be deposited in the state treasury and credited to 20.26the water recreation account for the purpose of boat and water safety. 20.27    Sec. 6. Minnesota Statutes 2008, section 134A.09, subdivision 2a, is amended to read: 20.28    Subd. 2a. Petty misdemeanor cases and criminal convictions; fee assessment. In 20.29Hennepin County and Ramsey County, the district court administrator or a designee may, 20.30upon the recommendation of the board of trustees and by standing order of the judges 20.31of the district court, include in the costs or disbursements assessed against a defendant 20.32convicted in the district court of the violation of a statute or municipal ordinance, a county 20.33law library fee. This fee may be collected in all petty misdemeanor cases and criminal 21.1prosecutions in which, upon conviction, the defendant may be subject to the payment of 21.2the costs or disbursements in addition to a fine or other penalty. new text begin When a defendant is new text end 21.3 new text begin convicted of more than one offense in a case, the county law library fee shall be imposed new text end 21.4 new text begin only once in that case. new text end 21.5    Sec. 7. Minnesota Statutes 2008, section 134A.10, subdivision 3, is amended to read: 21.6    Subd. 3. Petty misdemeanor cases and criminal convictions; fee assessment. 21.7The judge of district court may, upon the recommendation of the board of trustees and 21.8by standing order, include in the costs or disbursements assessed against a defendant 21.9convicted in the district court of the violation of any statute or municipal ordinance, in 21.10all petty misdemeanor cases and criminal prosecutions in which, upon conviction, the 21.11defendant may be subject to the payment of the costs or disbursements in addition to a fine 21.12or other penalty a county law library fee. new text begin When a defendant is convicted of more than one new text end 21.13 new text begin offense in a case, the county law library fee shall be imposed only once in that case. new text end The 21.14item of costs or disbursements may not be assessed for any offense committed prior to the 21.15establishment of the county law library. 21.16    Sec. 8. Minnesota Statutes 2008, section 152.0262, subdivision 1, is amended to read: 21.17    Subdivision 1. Possession of precursors. new text begin (a) new text end A person is guilty of a crime if the 21.18person possesses any chemical reagents or precursors with the intent to manufacture 21.19methamphetamine new text begin and if convicted may be sentenced to imprisonment for not more than new text end 21.20 new text begin ten years or to payment of a fine of not more than $20,000, or both new text end . 21.21 new text begin (b) A person is guilty of a crime if the person possesses any chemical reagents or new text end 21.22 new text begin precursors with the intent to manufacture methamphetamine and may be sentenced to new text end 21.23 new text begin imprisonment for not more than 15 years or to payment of a fine of not more than $30,000, new text end 21.24 new text begin or both, if the conviction is for a subsequent controlled substance conviction. new text end 21.25 As used in this section and section 152.021, "chemical reagents or precursors" 21.26includes any of the following substances, or any similar substances that can be used to 21.27manufacture methamphetamine, or the salts, isomers, and salts of isomers of a listed or 21.28similar substance: 21.29(1) ephedrine; 21.30(2) pseudoephedrine; 21.31(3) phenyl-2-propanone; 21.32(4) phenylacetone; 21.33(5) anhydrous ammonia; 21.34(6) organic solvents; 22.1(7) hydrochloric acid; 22.2(8) lithium metal; 22.3(9) sodium metal; 22.4(10) ether; 22.5(11) sulfuric acid; 22.6(12) red phosphorus; 22.7(13) iodine; 22.8(14) sodium hydroxide; 22.9(15) benzaldehyde; 22.10(16) benzyl methyl ketone; 22.11(17) benzyl cyanide; 22.12(18) nitroethane; 22.13(19) methylamine; 22.14(20) phenylacetic acid; 22.15(21) hydriodic acid; or 22.16(22) hydriotic acid. 22.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2009, and applies to crimes new text end 22.18 new text begin committed on or after that date. new text end 22.19    Sec. 9. Minnesota Statutes 2008, section 169A.20, subdivision 1, is amended to read: 22.20    Subdivision 1. Driving while impaired crime new text begin ; motor vehicle new text end . It is a crime for 22.21any person to drive, operate, or be in physical control of any motor vehicle new text begin , as defined new text end 22.22 new text begin in section 169A.03, subdivision 15, except for motorboats in operation and off-road new text end 22.23 new text begin recreational vehicles, new text end within this state or on any boundary water of this state new text begin when new text end : 22.24(1) when the person is under the influence of alcohol; 22.25(2) when the person is under the influence of a controlled substance; 22.26(3) when the person is knowingly under the influence of a hazardous substance that 22.27affects the nervous system, brain, or muscles of the person so as to substantially impair 22.28the person's ability to drive or operate the motor vehicle; 22.29(4) when the person is under the influence of a combination of any two or more of 22.30the elements named in clauses (1), (2), and new text begin to new text end (3); 22.31(5) when the person's alcohol concentration at the time, or as measured within 22.32two hours of the time, of driving, operating, or being in physical control of the motor 22.33vehicle is 0.08 or more; 23.1(6) when the vehicle is a commercial motor vehicle and the person's alcohol 23.2concentration at the time, or as measured within two hours of the time, of driving, 23.3operating, or being in physical control of the commercial motor vehicle is 0.04 or more; or 23.4(7) when the person's body contains any amount of a controlled substance listed in 23.5schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols. 23.6 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2009, and applies to crimes new text end 23.7 new text begin committed on or after that date. new text end 23.8    Sec. 10. Minnesota Statutes 2008, section 169A.20, is amended by adding a 23.9subdivision to read: 23.10     new text begin Subd. 1a. new text end new text begin Driving while impaired crime; motorboat in operation. new text end new text begin It is a crime new text end 23.11 new text begin for any person to operate or be in physical control of a motorboat in operation on any new text end 23.12 new text begin waters or boundary water of this state when: new text end 23.13 new text begin (1) the person is under the influence of alcohol; new text end 23.14 new text begin (2) the person is under the influence of a controlled substance; new text end 23.15 new text begin (3) the person is knowingly under the influence of a hazardous substance that affects new text end 23.16 new text begin the nervous system, brain, or muscles of the person so as to substantially impair the new text end 23.17 new text begin person's ability to drive or operate the motorboat; new text end 23.18 new text begin (4) the person is under the influence of a combination of any two or more of the new text end 23.19 new text begin elements named in clauses (1) to (3); new text end 23.20 new text begin (5) the person's alcohol concentration at the time, or as measured within two hours new text end 23.21 new text begin of the time, of driving, operating, or being in physical control of the motorboat is 0.08 or new text end 23.22 new text begin more; or new text end 23.23 new text begin (6) the person's body contains any amount of a controlled substance listed in new text end 23.24 new text begin schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols. new text end 23.25 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2009, and applies to crimes new text end 23.26 new text begin committed on or after that date. new text end 23.27    Sec. 11. Minnesota Statutes 2008, section 169A.20, is amended by adding a 23.28subdivision to read: 23.29     new text begin Subd. 1b. new text end new text begin Driving while impaired crime; snowmobile and all-terrain vehicle. new text end new text begin It new text end 23.30 new text begin is a crime for any person to operate or be in physical control of a snowmobile as defined in new text end 23.31 new text begin section 84.81, subdivision 3, or all-terrain vehicle as defined in section 84.92, subdivision new text end 23.32 new text begin 8, anywhere in this state or on the ice of any boundary water of this state when: new text end 23.33 new text begin (1) the person is under the influence of alcohol; new text end 23.34 new text begin (2) the person is under the influence of a controlled substance; new text end 24.1 new text begin (3) the person is knowingly under the influence of a hazardous substance that affects new text end 24.2 new text begin the nervous system, brain, or muscles of the person so as to substantially impair the new text end 24.3 new text begin person's ability to drive or operate the snowmobile or all-terrain vehicle; new text end 24.4 new text begin (4) the person is under the influence of a combination of any two or more of the new text end 24.5 new text begin elements named in clauses (1) to (3); new text end 24.6 new text begin (5) the person's alcohol concentration at the time, or as measured within two hours new text end 24.7 new text begin of the time, of driving, operating, or being in physical control of the snowmobile or new text end 24.8 new text begin all-terrain vehicle is 0.08 or more; or new text end 24.9 new text begin (6) the person's body contains any amount of a controlled substance listed in new text end 24.10 new text begin schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols. new text end 24.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2009, and applies to crimes new text end 24.12 new text begin committed on or after that date. new text end 24.13    Sec. 12. Minnesota Statutes 2008, section 169A.20, is amended by adding a 24.14subdivision to read: 24.15     new text begin Subd. 1c. new text end new text begin Driving while impaired crime; off-highway motorcycle and off-road new text end 24.16 new text begin vehicle. new text end new text begin It is a crime for any person to operate or be in physical control of any off-highway new text end 24.17 new text begin motorcycle as defined in section 84.787, subdivision 7, or any off-road vehicle as defined new text end 24.18 new text begin in section 84.797, subdivision 7, anywhere in this state or on the ice of any boundary new text end 24.19 new text begin water of this state when: new text end 24.20 new text begin (1) the person is under the influence of alcohol; new text end 24.21 new text begin (2) the person is under the influence of a controlled substance; new text end 24.22 new text begin (3) the person is knowingly under the influence of a hazardous substance that affects new text end 24.23 new text begin the nervous system, brain, or muscles of the person so as to substantially impair the new text end 24.24 new text begin person's ability to drive or operate the off-highway motorcycle or off-road vehicle; new text end 24.25 new text begin (4) the person is under the influence of a combination of any two or more of the new text end 24.26 new text begin elements named in clauses (1) to (3); new text end 24.27 new text begin (5) the person's alcohol concentration at the time, or as measured within two hours of new text end 24.28 new text begin the time, of driving, operating, or being in physical control of the off-highway motorcycle new text end 24.29 new text begin or off-road vehicle is 0.08 or more; or new text end 24.30 new text begin (6) the person's body contains any amount of a controlled substance listed in new text end 24.31 new text begin schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols. new text end 24.32 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2009, and applies to crimes new text end 24.33 new text begin committed on or after that date. new text end 24.34    Sec. 13. Minnesota Statutes 2008, section 169A.25, subdivision 1, is amended to read: 25.1    Subdivision 1. Degree described. (a) A person who violates section 169A.20, 25.2subdivision 1 new text begin , 1a, 1b, or 1c new text end (driving while impaired crime), is guilty of second-degree 25.3driving while impaired if two or more aggravating factors were present when the violation 25.4was committed. 25.5    (b) A person who violates section 169A.20, subdivision 2 (refusal to submit to 25.6chemical test crime), is guilty of second-degree driving while impaired if one aggravating 25.7factor was present when the violation was committed. 25.8 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2009, and applies to crimes new text end 25.9 new text begin committed on or after that date. new text end 25.10    Sec. 14. Minnesota Statutes 2008, section 169A.26, subdivision 1, is amended to read: 25.11    Subdivision 1. Degree described. (a) A person who violates section 169A.20, 25.12subdivision 1 new text begin , 1a, 1b, or 1c new text end (driving while impaired crime), is guilty of third-degree driving 25.13while impaired if one aggravating factor was present when the violation was committed. 25.14    (b) A person who violates section 169A.20, subdivision 2 (refusal to submit to 25.15chemical test crime), is guilty of third-degree driving while impaired. 25.16 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2009, and applies to crimes new text end 25.17 new text begin committed on or after that date. new text end 25.18    Sec. 15. Minnesota Statutes 2008, section 169A.27, subdivision 1, is amended to read: 25.19    Subdivision 1. Degree described. A person who violates section 169A.20, 25.20subdivision 1 new text begin , 1a, 1b, or 1c new text end (driving while impaired crime), is guilty of fourth-degree 25.21driving while impaired. 25.22 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2009, and applies to crimes new text end 25.23 new text begin committed on or after that date. new text end 25.24    Sec. 16. Minnesota Statutes 2008, section 169A.28, subdivision 2, is amended to read: 25.25    Subd. 2. Permissive consecutive sentences; multiple offenses. (a) When a person 25.26is being sentenced for a violation of a provision listed in paragraph (e), the court may 25.27sentence the person to a consecutive term of imprisonment for a violation of any other 25.28provision listed in paragraph (e), notwithstanding the fact that the offenses arose out of the 25.29same course of conduct, subject to the limitation on consecutive sentences contained in 25.30section 609.15, subdivision 2, and except as provided in paragraphs (b) and (c). 25.31    (b) When a person is being sentenced for a violation of section 171.09 (violation 25.32of condition of restricted license), 171.20 (operation after revocation, suspension, 26.1cancellation, or disqualification), 171.24 (driving without valid license), or 171.30 26.2(violation of condition of limited license), the court may not impose a consecutive sentence 26.3for another violation of a provision in chapter 171 (drivers' licenses and training schools). 26.4    (c) When a person is being sentenced for a violation of section 169.791 (failure to 26.5provide proof of insurance) or 169.797 (failure to provide vehicle insurance), the court 26.6may not impose a consecutive sentence for another violation of a provision of sections 26.7169.79 to 169.7995. 26.8    (d) This subdivision does not limit the authority of the court to impose consecutive 26.9sentences for crimes arising on different dates or to impose a consecutive sentence when 26.10a person is being sentenced for a crime and is also in violation of the conditions of 26.11a stayed or otherwise deferred sentence under section 609.135 (stay of imposition or 26.12execution of sentence). 26.13    (e) This subdivision applies to misdemeanor and gross misdemeanor violations of 26.14the following if the offender has two or more prior impaired driving convictions within 26.15the past ten years: 26.16    (1) section 169A.20, subdivision 1 new text begin , 1a, 1b, or 1c new text end (driving while impaired; impaired 26.17driving offenses); 26.18    (2) section 169A.20, subdivision 2 (driving while impaired; test refusal offense); 26.19    (3) section 169.791; 26.20    (4) section 169.797; 26.21    (5) section 171.09 (violation of condition of restricted license); 26.22    (6) section 171.20, subdivision 2 (operation after revocation, suspension, 26.23cancellation, or disqualification); 26.24    (7) section 171.24; and 26.25    (8) section 171.30. 26.26 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2009, and applies to crimes new text end 26.27 new text begin committed on or after that date. new text end 26.28    Sec. 17. Minnesota Statutes 2008, section 169A.284, is amended to read: 26.29169A.284 CHEMICAL DEPENDENCY ASSESSMENT CHARGE; 26.30SURCHARGE. 26.31    Subdivision 1. When required. (a) When a court sentences a person convicted 26.32of an offense enumerated in section 169A.70, subdivision 2 (chemical use assessment; 26.33requirement; form), it shall new text begin order the person to pay the cost of the assessment directly new text end 26.34 new text begin to the entity conducting the assessment or providing the assessment services in an new text end 26.35 new text begin amount determined by the entity conducting or providing the service and shall new text end impose 27.1a chemical dependency assessment charge of $125 new text begin $25 new text end . new text begin The court may waive the $25 new text end 27.2 new text begin assessment charge, but may not waive the cost for the assessment paid directly to the new text end 27.3 new text begin entity conducting the assessment or providing assessment services. new text end A person shall pay 27.4an additional surcharge of $5 if the person is convicted of a violation of section 169A.20 27.5(driving while impaired) within five years of a prior impaired driving conviction or a prior 27.6conviction for an offense arising out of an arrest for a violation of section 169A.20 or 27.7Minnesota Statutes 1998, section 169.121 (driver under influence of alcohol or controlled 27.8substance) or 169.129 (aggravated DWI-related violations; penalty). This section applies 27.9when the sentence is executed, stayed, or suspended. The court may not waive payment 27.10or authorize payment of the assessment charge and surcharge in installments unless it 27.11makes written findings on the record that the convicted person is indigent or that the 27.12assessment charge and surcharge would create undue hardship for the convicted person or 27.13that person's immediate family. 27.14(b) The chemical dependency assessment charge and surcharge required under 27.15this section are in addition to the surcharge required by section 357.021, subdivision 6 27.16(surcharges on criminal and traffic offenders). 27.17    Subd. 2. Distribution of money. The county new text begin court administrator new text end shall collect and 27.18forward to the commissioner of finance $25 of the chemical dependency assessment 27.19charge and the $5 surcharge, if any, within 60 days after sentencing or explain to the 27.20commissioner in writing why the money was not forwarded within this time period. The 27.21commissioner shall credit the money new text begin to the commissioner of finance to be deposited in the new text end 27.22 new text begin state treasury and credited new text end to the general fund. The county shall collect and keep $100 of 27.23the chemical dependency assessment charge. 27.24    Sec. 18. Minnesota Statutes 2008, section 169A.46, subdivision 1, is amended to read: 27.25    Subdivision 1. Impairment occurred after driving ceased. If proven by a 27.26preponderance of the evidence, it is an affirmative defense to a violation of section 27.27169A.20, subdivision 1 , clause (5) new text begin ; 1a, clause (5); 1b, clause (5); or 1c, clause (5) new text end (driving 27.28while impaired, alcohol concentration within two hours of driving), or 169A.20 by a 27.29person having an alcohol concentration of 0.20 or more as measured at the time, or within 27.30two hours of the time, of the offense, that the defendant consumed a sufficient quantity 27.31of alcohol after the time of the violation and before the administration of the evidentiary 27.32test to cause the defendant's alcohol concentration to exceed the level specified in the 27.33applicable clause. Evidence that the defendant consumed alcohol after the time of the 27.34violation may not be admitted in defense to any alleged violation of section 169A.20, 28.1unless notice is given to the prosecution prior to the omnibus or pretrial hearing in the 28.2matter. 28.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2009, and applies to crimes new text end 28.4 new text begin committed on or after that date. new text end 28.5    Sec. 19. Minnesota Statutes 2008, section 169A.54, subdivision 1, is amended to read: 28.6    Subdivision 1. Revocation periods for DWI convictions. Except as provided in 28.7subdivision 7, the commissioner shall revoke the driver's license of a person convicted 28.8of violating section 169A.20 (driving while impaired) or an ordinance in conformity 28.9with it, as follows: 28.10    (1) for an offense under section 169A.20, subdivision 1 (driving while impaired 28.11crime): not less than 30 days; 28.12    (2) for an offense under section 169A.20, subdivision 2 (refusal to submit to 28.13chemical test crime): not less than 90 days; 28.14    (3) for an offense occurring within ten years of a qualified prior impaired driving 28.15incident: 28.16    (i) if the current conviction is for a violation of section 169A.20, subdivision 28.171 new text begin , 1a, 1b, or 1c new text end , not less than 180 days and until the court has certified that treatment 28.18or rehabilitation has been successfully completed where prescribed in accordance with 28.19section 169A.70 (chemical use assessments); or 28.20    (ii) if the current conviction is for a violation of section 169A.20, subdivision 2, not 28.21less than one year and until the court has certified that treatment or rehabilitation has been 28.22successfully completed where prescribed in accordance with section 169A.70; 28.23    (4) for an offense occurring within ten years of the first of two qualified prior 28.24impaired driving incidents: not less than one year, together with denial under section 28.25171.04, subdivision 1 , clause (10), until rehabilitation is established in accordance with 28.26standards established by the commissioner; or 28.27    (5) for an offense occurring within ten years of the first of three or more qualified 28.28prior impaired driving incidents: not less than two years, together with denial under 28.29section 171.04, subdivision 1, clause (10), until rehabilitation is established in accordance 28.30with standards established by the commissioner. 28.31 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2009, and applies to crimes new text end 28.32 new text begin committed on or after that date. new text end 28.33    Sec. 20. Minnesota Statutes 2008, section 299D.03, subdivision 5, is amended to read: 29.1    Subd. 5. Traffic fines and forfeited bail money. (a) All fines and forfeited bail 29.2money, from traffic and motor vehicle law violations, collected from persons apprehended 29.3or arrested by officers of the State Patrol, shall be paid new text begin transmitted new text end by the person or 29.4officer collecting the fines, forfeited bail money, or installments thereof, on or before the 29.5tenth day after the last day of the month in which these moneys were collected, to the 29.6county treasurer of the county where the violation occurred. new text begin commissioner of finance. new text end 29.7 new text begin Except where a different disposition is required in this paragraph, paragraph (b), section new text end 29.8 new text begin 387.213, or otherwise provided by law, new text end three-eighths of these receipts shall be credited to 29.9the general revenue fund of the county, except that in a county in a judicial district under 29.10section 480.181, subdivision 1, paragraph (b), this three-eighths share must be transmitted 29.11to the commissioner of finance for deposit new text begin deposited new text end in the state treasury and credited to 29.12the new text begin state new text end general fund. The other five-eighths of these receipts shall be transmitted by that 29.13officer to the commissioner of finance and must be new text begin deposited in the state treasury and new text end 29.14credited as follows: (1) the first $600,000 in each fiscal year must be credited to the 29.15Minnesota grade crossing safety account in the special revenue fund, and (2) remaining 29.16receipts must be credited to the new text begin state new text end trunk highway fund. If, however, the violation occurs 29.17within a municipality and the city attorney prosecutes the offense, and a plea of not guilty 29.18is entered, one-third of the receipts shall be new text begin deposited in the state treasury and new text end credited 29.19to the new text begin state new text end general revenue fund of the county, one-third of the receipts shall be paid 29.20to the municipality prosecuting the offense, and one-third shall be transmitted to the 29.21commissioner of finance as provided in this subdivision. new text begin deposited in the state treasury new text end 29.22 new text begin and credited to the Minnesota grade crossing safety account or the state trunk highway new text end 29.23 new text begin fund as provided in this paragraph. When section 387.213 also is applicable to the fine, new text end 29.24 new text begin section 387.213 shall be applied before this paragraph is applied. new text end All costs of participation 29.25in a nationwide police communication system chargeable to the state of Minnesota shall 29.26be paid from appropriations for that purpose. 29.27(b) Notwithstanding any other provisions of law, all fines and forfeited bail money 29.28from violations of statutes governing the maximum weight of motor vehicles, collected 29.29from persons apprehended or arrested by employees of the state of Minnesota, by means 29.30of stationary or portable scales operated by these employees, shall be paid new text begin transmitted new text end by 29.31the person or officer collecting the fines or forfeited bail money, on or before the tenth day 29.32after the last day of the month in which the collections were made, to the county treasurer 29.33of the county where the violation occurred new text begin commissioner of finance new text end . Five-eighths of these 29.34receipts shall be transmitted by that officer to the commissioner of finance and shall be new text begin new text end 29.35 new text begin deposited in the state treasury and new text end credited to the new text begin state new text end highway user tax distribution fund. 29.36Three-eighths of these receipts shall be new text begin deposited in the state treasury and new text end credited to the 30.1 new text begin state new text end general revenue fund of the county, except that in a county in a judicial district 30.2under section 480.181, subdivision 1, paragraph (b), this three-eighths share must be 30.3transmitted to the commissioner of finance for deposit in the state treasury and credited 30.4to the general fund. 30.5    Sec. 21. Minnesota Statutes 2008, section 357.021, subdivision 2, is amended to read: 30.6    Subd. 2. Fee amounts. The fees to be charged and collected by the court 30.7administrator shall be as follows: 30.8(1) In every civil action or proceeding in said court, including any case arising under 30.9the tax laws of the state that could be transferred or appealed to the Tax Court, the plaintiff, 30.10petitioner, or other moving party shall pay, when the first paper is filed for that party in said 30.11action, a fee of $240 new text begin $310 new text end , except in marriage dissolution actions the fee is $270 new text begin $340 new text end . 30.12The defendant or other adverse or intervening party, or any one or more of several 30.13defendants or other adverse or intervening parties appearing separately from the others, 30.14shall pay, when the first paper is filed for that party in said action, a fee of $240 new text begin $310 new text end , 30.15except in marriage dissolution actions the fee is $270 new text begin $340 new text end . 30.16The party requesting a trial by jury shall pay $75 new text begin $100 new text end . 30.17The fees above stated shall be the full trial fee chargeable to said parties irrespective 30.18of whether trial be to the court alone, to the court and jury, or disposed of without trial, 30.19and shall include the entry of judgment in the action, but does not include copies or 30.20certified copies of any papers so filed or proceedings under chapter 103E, except the 30.21provisions therein as to appeals. 30.22(2) Certified copy of any instrument from a civil or criminal proceeding, $10 new text begin $14 new text end , 30.23and $5 new text begin $8 new text end for an uncertified copy. 30.24(3) Issuing a subpoena, $12 new text begin $16 new text end for each name. 30.25(4) Filing a motion or response to a motion in civil, family, excluding child support, 30.26and guardianship cases, $55 new text begin $100 new text end . 30.27(5) Issuing an execution and filing the return thereof; issuing a writ of attachment, 30.28injunction, habeas corpus, mandamus, quo warranto, certiorari, or other writs not 30.29specifically mentioned, $40 new text begin $55 new text end . 30.30(6) Issuing a transcript of judgment, or for filing and docketing a transcript of 30.31judgment from another court, $30 new text begin $40 new text end . 30.32(7) Filing and entering a satisfaction of judgment, partial satisfaction, or assignment 30.33of judgment, $5. 30.34(8) Certificate as to existence or nonexistence of judgments docketed, $5 for each 30.35name certified to. 31.1(9) Filing and indexing trade name; or recording basic science certificate; 31.2or recording certificate of physicians, osteopaths, chiropractors, veterinarians, or 31.3optometrists, $5. 31.4(10) For the filing of each partial, final, or annual account in all trusteeships, $40 new text begin $55 new text end . 31.5(11) For the deposit of a will, $20 new text begin $27 new text end . 31.6(12) For recording notary commission, $100, of which, notwithstanding subdivision 31.71a, paragraph (b), $80 must be forwarded to the commissioner of finance to be deposited 31.8in the state treasury and credited to the general fund. 31.9(13) Filing a motion or response to a motion for modification of child support, 31.10a fee of $55 new text begin $100 new text end . 31.11(14) All other services required by law for which no fee is provided, such fee 31.12as compares favorably with those herein provided, or such as may be fixed by rule or 31.13order of the court. 31.14(15) In addition to any other filing fees under this chapter, a surcharge in the 31.15amount of $75 must be assessed in accordance with section 259.52, subdivision 14, for 31.16each adoption petition filed in district court to fund the fathers' adoption registry under 31.17section 259.52. 31.18The fees in clauses (3) and (5) need not be paid by a public authority or the party 31.19the public authority represents. 31.20    Sec. 22. Minnesota Statutes 2008, section 357.021, subdivision 6, is amended to read: 31.21    Subd. 6. Surcharges on criminal and traffic offenders. (a) Except as provided 31.22in this paragraph, the court shall impose and the court administrator shall collect a $75 31.23surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or 31.24petty misdemeanor offense, other than a violation of a law or ordinance relating to vehicle 31.25parking, for which there shall be a $4 new text begin $12 new text end surcharge. new text begin When a defendant is convicted new text end 31.26 new text begin of more than one offense in a case, the surcharge shall be imposed only once in that new text end 31.27 new text begin case. new text end In the Second Judicial District, the court shall impose, and the court administrator 31.28shall collect, an additional $1 surcharge on every person convicted of any felony, gross 31.29misdemeanor, misdemeanor, or petty misdemeanor offense, including a violation of a law 31.30or ordinance relating to vehicle parking, if the Ramsey County Board of Commissioners 31.31authorizes the $1 surcharge. The surcharge shall be imposed whether or not the person is 31.32sentenced to imprisonment or the sentence is stayed. The surcharge shall not be imposed 31.33when a person is convicted of a petty misdemeanor for which no fine is imposed. 32.1    (b) If the court fails to impose a surcharge as required by this subdivision, the court 32.2administrator shall show the imposition of the surcharge, collect the surcharge, and 32.3correct the record. 32.4    (c) The court may not waive payment of the surcharge required under this 32.5subdivision. Upon a showing of indigency or undue hardship upon the convicted person 32.6or the convicted person's immediate family, the sentencing court may authorize payment 32.7of the surcharge in installments. 32.8    (d) The court administrator or other entity collecting a surcharge shall forward it 32.9to the commissioner of finance. 32.10    (e) If the convicted person is sentenced to imprisonment and has not paid the 32.11surcharge before the term of imprisonment begins, the chief executive officer of the 32.12correctional facility in which the convicted person is incarcerated shall collect the 32.13surcharge from any earnings the inmate accrues from work performed in the facility 32.14or while on conditional release. The chief executive officer shall forward the amount 32.15collected to the commissioner of finance new text begin court administrator or other entity collecting the new text end 32.16 new text begin surcharge imposed by the court new text end . 32.17 new text begin (f) A person who successfully completes a diversion or similar program for a new text end 32.18 new text begin violation of chapter 169 must pay the surcharge described in this subdivision. new text end 32.19    Sec. 23. Minnesota Statutes 2008, section 357.021, subdivision 7, is amended to read: 32.20    Subd. 7. Disbursement of surcharges by commissioner of finance. (a) Except 32.21as provided in paragraphs (b), (c), and (d), the commissioner of finance shall disburse 32.22surcharges received under subdivision 6 and section 97A.065, subdivision 2, as follows: 32.23    (1) one percent shall be credited to the game and fish fund to provide peace officer 32.24training for employees of the Department of Natural Resources who are licensed under 32.25sections 626.84 to 626.863, and who possess peace officer authority for the purpose of 32.26enforcing game and fish laws; 32.27    (2) 39 percent shall be credited to the peace officers training account in the special 32.28revenue fund; and 32.29    (3) 60 percent shall be credited to the general fund. 32.30    (b) The commissioner of finance shall credit $3 of each surcharge received under 32.31subdivision 6 and section 97A.065, subdivision 2, to the general fund. 32.32    (c) In addition to any amounts credited under paragraph (a), the commissioner 32.33of finance shall credit $47 of each surcharge received under subdivision 6 and section 32.3497A.065, subdivision 2 , and the $4 new text begin $12 new text end parking surcharge, to the general fund. 33.1    (d) If the Ramsey County Board of Commissioners authorizes imposition of 33.2the additional $1 surcharge provided for in subdivision 6, paragraph (a), the court 33.3administrator in the Second Judicial District shall transmit the surcharge to the 33.4commissioner of finance. The $1 special surcharge is deposited in a Ramsey County 33.5surcharge account in the special revenue fund and amounts in the account are appropriated 33.6to the trial courts for the administration of the petty misdemeanor diversion program 33.7operated by the Second Judicial District Ramsey County Violations Bureau. 33.8    Sec. 24. Minnesota Statutes 2008, section 357.022, is amended to read: 33.9357.022 CONCILIATION COURT FEE. 33.10The court administrator in every county shall charge and collect a filing fee of $50 new text begin new text end 33.11 new text begin $65 new text end from every plaintiff and from every defendant when the first paper for that party is 33.12filed in any conciliation court action. This section does not apply to conciliation court 33.13actions filed by the state. The court administrator shall transmit the fees monthly to the 33.14commissioner of finance for deposit in the state treasury and credit to the general fund. 33.15    Sec. 25. Minnesota Statutes 2008, section 357.08, is amended to read: 33.16357.08 PAID BY APPELLANT IN APPEAL. 33.17There shall be paid to the clerk of the appellate courts by the appellant, or moving 33.18party or person requiring the service, in all cases of appeal, certiorari, habeas corpus, 33.19mandamus, injunction, prohibition, or other original proceeding, when initially filed with 33.20the clerk of the appellate courts, the sum of $500 new text begin $550 new text end to the clerk of the appellate courts. 33.21An additional filing fee of $100 shall be required for a petition for accelerated review by 33.22the Supreme Court. A filing fee of $500 new text begin $550 new text end shall be paid to the clerk of the appellate 33.23courts upon the filing of a petition for review from a decision of the Court of Appeals. A 33.24filing fee of $500 new text begin $550 new text end shall be paid to the clerk of the appellate courts upon the filing 33.25of a petition for permission to appeal. A filing fee of $100 shall be paid to the clerk of 33.26the appellate courts upon the filing by a respondent of a notice of review. The clerk shall 33.27transmit the fees to the commissioner of finance for deposit in the state treasury and 33.28credit to the general fund. 33.29The clerk shall not file any paper, issue any writ or certificate, or perform any service 33.30enumerated herein, until the payment has been made for it. The clerk shall pay the sum 33.31into the state treasury as provided for by section 15A.01. 33.32The charges provided for shall not apply to disbarment proceedings, nor to an 33.33action or proceeding by the state taken solely in the public interest, where the state is the 33.34appellant or moving party, nor to copies of the opinions of the court furnished by the clerk 34.1to the parties before judgment, or furnished to the district judge whose decision is under 34.2review, or to such law library associations in counties having a population exceeding 34.350,000, as the court may direct. 34.4    Sec. 26. Minnesota Statutes 2008, section 364.08, is amended to read: 34.5364.08 PRACTICE OF LAW; EXCEPTION. 34.6This chapter shall not apply to the practice of law new text begin or judicial branch employment new text end ; 34.7but nothing in this section shall be construed to preclude the Supreme Court, in its 34.8discretion, from adopting the policies set forth in this chapter. 34.9    Sec. 27. Minnesota Statutes 2008, section 375.14, is amended to read: 34.10375.14 OFFICES AND SUPPLIES FURNISHED FOR COUNTY OFFICERS. 34.11The county board shall provide offices at the county seat for the auditor, treasurer, 34.12county recorder, sheriff, court administrator of the district court, and an office for the 34.13county engineer at a site determined by the county board, with suitable furniture and 34.14safes and vaults for the security and preservation of the books and papers of the offices, 34.15and provide heating, lighting, and maintenance of the offices. The board shall furnish 34.16all county officers with all books, stationery, letterheads, envelopes, postage, telephone 34.17service, office equipment, electronic technology, and supplies necessary to the discharge 34.18of their respective duties and make like provision for the judges of the district court 34.19as necessary to the discharge of their duties within the county or concerning matters 34.20arising in it. The board is not required to furnish any county officer with professional or 34.21technical books or instruments except when the board deems them directly necessary to 34.22the discharge of official duties as part of the permanent equipment of the office. 34.23    Sec. 28. Minnesota Statutes 2008, section 480.15, is amended by adding a subdivision 34.24to read: 34.25     new text begin Subd. 10c. new text end new text begin Uniform collections policies and procedures for courts. new text end new text begin (a) The new text end 34.26 new text begin state court administrator under the direction of the Judicial Council may promulgate new text end 34.27 new text begin uniform collections policies and procedures for the courts and may contract with credit new text end 34.28 new text begin bureaus, public and private collection agencies, the Department of Revenue, and other new text end 34.29 new text begin public or private entities providing collection services as necessary for the collection new text end 34.30 new text begin of court debts. The court collection process and procedures are not subject to section new text end 34.31 new text begin 16A.1285. Court debts referred to the Department of Revenue for collection are not new text end 34.32 new text begin subject to section 16D.07. new text end 35.1 new text begin (b) Court debt means an amount owed to the state directly or through the judicial new text end 35.2 new text begin branch on account of a fee, duty, rent, service, overpayment, fine, assessment, surcharge, new text end 35.3 new text begin court cost, penalty, restitution, damages, interest, bail bond, forfeiture, reimbursement, new text end 35.4 new text begin liability owed, an assignment to the judicial branch, recovery of costs incurred by the new text end 35.5 new text begin judicial branch, or any other source of indebtedness to the judicial branch as well as new text end 35.6 new text begin amounts owed to other public or private entities for which the judicial branch acts in new text end 35.7 new text begin providing collection services, or any other amount owed to the judicial branch. new text end 35.8 new text begin (c) The courts must pay for the collection services of public or private collection new text end 35.9 new text begin entities as well as the cost of one or more court employees to provide collection interface new text end 35.10 new text begin services between the Department of Revenue, the courts, and one or more collection new text end 35.11 new text begin entities from the money collected. The portion of the money collected which must be paid new text end 35.12 new text begin to the collection entity as collection fees and costs and the portion of the money collected new text end 35.13 new text begin which must be paid to the courts or Department of Revenue for collection services are new text end 35.14 new text begin appropriated from the fund to which the collected money is due. new text end 35.15 new text begin (d) As determined by the state court administrator, collection costs shall be added to new text end 35.16 new text begin the debts referred to a public or private collection entity for collection. new text end 35.17 new text begin Collection costs shall include the fees of the collection entity, and may include, if new text end 35.18 new text begin separately provided, skip tracing fees, credit bureau reporting charges, fees assessed new text end 35.19 new text begin by any public entity for obtaining information necessary for debt collection, or other new text end 35.20 new text begin collection-related costs. Collection costs shall also include the costs of one or more court new text end 35.21 new text begin employees employed by the state court administrator to provide a collection interface new text end 35.22 new text begin between the collection entity, the Department of Revenue, and the courts. new text end 35.23 new text begin If the collection entity collects an amount less than the total due, the payment is new text end 35.24 new text begin applied proportionally to collection costs and the underlying debt. Collection costs in new text end 35.25 new text begin excess of collection agency fees and court employee collection interface costs must be new text end 35.26 new text begin deposited in the general fund as nondedicated receipts. new text end 35.27    Sec. 29. Minnesota Statutes 2008, section 484.85, is amended to read: 35.28484.85 DISPOSITION OF FINES, FEES, AND OTHER MONEY; 35.29ACCOUNTS; RAMSEY COUNTY DISTRICT COURT. 35.30(a) In the event the Ramsey County District Court takes jurisdiction of a prosecution 35.31for the violation of a statute or ordinance by the state or a governmental subdivision other 35.32than a city or town in Ramsey County, all fines, penalties, and forfeitures collected shall be 35.33paid over to the county treasurer except where a different disposition is provided by law, 35.34and the following fees shall be taxed to the state or governmental subdivision other than 35.35a city or town within Ramsey County which would be entitled to payment of the fines, 36.1forfeitures, or penalties in any case, and shall be paid to the administrator of the court for 36.2disposal of the matter. The administrator shall deduct the fees from any fine collected for 36.3the state of Minnesota or a governmental subdivision other than a city or town within 36.4Ramsey County and transmit the balance in accordance with the law, and the deduction of 36.5the total of the fees each month from the total of all the fines collected is hereby expressly 36.6made an appropriation of funds for payment of the fees: 36.7(1) in all cases where the defendant is brought into court and pleads guilty and is 36.8sentenced, or the matter is otherwise disposed of without a trial, $5; 36.9(2) in arraignments where the defendant waives a preliminary examination, $10; 36.10(3) in all other cases where the defendant stands trial or has a preliminary 36.11examination by the court, $15; and 36.12(4) the court shall have the authority to waive the collection of fees in any particular 36.13case. 36.14(b) On or before the last day of each month, the county treasurer shall pay over 36.15to the treasurer of the city of St. Paul two-thirds of all fines, penalties, and forfeitures 36.16collected and to the treasurer of each other municipality or subdivision of government in 36.17Ramsey County one-half of all fines or penalties collected during the previous month from 36.18those imposed for offenses committed within the treasurer's municipality or subdivision 36.19of government in violation of a statute; an ordinance; or a charter provision, rule, or 36.20regulation of a city. All other fines and forfeitures and all fees and costs collected by the 36.21district court shall be paid to the treasurer of Ramsey County, who shall dispense the 36.22same as provided by law. 36.23 new text begin (a) In all cases prosecuted in Ramsey County District Court by an attorney for new text end 36.24 new text begin a municipality or subdivision of government within Ramsey County for violation of new text end 36.25 new text begin a statute; an ordinance; or a charter provision, rule, or regulation of a city; all fines, new text end 36.26 new text begin penalties, and forfeitures collected by the court administrator shall be deposited in the state new text end 36.27 new text begin treasury and distributed according to this paragraph. Except where a different disposition new text end 36.28 new text begin is provided by section 299D.03, subdivision 5, or other law, on or before the last day of new text end 36.29 new text begin each month, the court shall pay over all fines, penalties, and forfeitures collected by the new text end 36.30 new text begin court administrator during the previous month as follows: new text end 36.31 new text begin (1) for offenses committed within the city of St. Paul, two-thirds paid to the treasurer new text end 36.32 new text begin of the city of St. Paul and one-third credited to the state general fund; and new text end 36.33 new text begin (2) for offenses committed within any other municipality or subdivision of new text end 36.34 new text begin government within Ramsey County, one-half to the treasurer of the municipality or new text end 36.35 new text begin subdivision of government and one-half credited to the state general fund. new text end 37.1 new text begin All other fines, penalties, and forfeitures collected by the district court shall be new text end 37.2 new text begin distributed by the courts as provided by law. new text end 37.3 new text begin (b) Fines, penalties, and forfeitures shall be distributed as provided in paragraph new text end 37.4 new text begin (a) when: new text end 37.5 new text begin (1) a city contracts with the county attorney for prosecutorial services under section new text end 37.6 new text begin 484.87, subdivision 3; or new text end 37.7 new text begin (2) the attorney general provides assistance to the city attorney under section 484.87, new text end 37.8 new text begin subdivision 5. new text end 37.9    Sec. 30. Minnesota Statutes 2008, section 484.90, subdivision 6, is amended to read: 37.10    Subd. 6. Allocation. The court administrator shall provide the county treasurer with 37.11the name of the municipality or other subdivision of government where the offense was 37.12committed which employed or provided by contract the arresting or apprehending officer 37.13and the name of the municipality or other subdivision of government which employed the 37.14prosecuting attorney or otherwise provided for prosecution of the offense for each fine or 37.15penalty and the total amount of fines or penalties collected for each municipality or other 37.16subdivision of government. On or before the last day of each month, the county treasurer 37.17shall pay over to the treasurer of each municipality or subdivision of government within 37.18the county all fines or penalties for parking violations for which complaints and warrants 37.19have not been issued and one-third of all fines or penalties collected during the previous 37.20month for offenses committed within the municipality or subdivision of government from 37.21persons arrested or issued citations by officers employed by the municipality or subdivision 37.22or provided by the municipality or subdivision by contract. An additional one-third of all 37.23fines or penalties shall be paid to the municipality or subdivision of government providing 37.24prosecution of offenses of the type for which the fine or penalty is collected occurring 37.25within the municipality or subdivision, imposed for violations of state statute or of an 37.26ordinance, charter provision, rule, or regulation of a city whether or not a guilty plea is 37.27entered or bail is forfeited. Except as provided in section , subdivision 5, or as 37.28otherwise provided by law, all other fines and forfeitures and all fees and statutory court 37.29costs collected by the court administrator shall be paid to the county treasurer of the county 37.30in which the funds were collected who shall dispense them as provided by law. In a county 37.31in a judicial district under section , subdivision 1, paragraph (b), all other fines, 37.32forfeitures, fees, and statutory court costs must be paid to the commissioner of finance for 37.33deposit in the state treasury and credited to the general fund. new text begin (a) In all cases prosecuted in new text end 37.34 new text begin district court by an attorney for a municipality or other subdivision of government within new text end 37.35 new text begin the county for violations of state statute, or of an ordinance; or charter provision, rule, new text end 38.1 new text begin or regulation of a city; all fines, penalties, and forfeitures collected shall be deposited in new text end 38.2 new text begin the state treasury and distributed according to this paragraph. Except where a different new text end 38.3 new text begin disposition is provided by section 299D.03, subdivision 5, 484.841, 484.85, or other law, new text end 38.4 new text begin on or before the last day of each month, the courts shall pay over all fines, penalties, and new text end 38.5 new text begin forfeitures collected by the court administrator during the previous month as follows: new text end 38.6 new text begin (1) 100 percent of all fines or penalties for parking violations for which complaints new text end 38.7 new text begin and warrants have not been issued to the treasurer of the city or town in which the offense new text end 38.8 new text begin was committed; and new text end 38.9 new text begin (2) two-thirds of all other fines to the treasurer of the city or town in which the new text end 38.10 new text begin offense was committed and one-third credited to the state general fund. new text end 38.11 new text begin All other fines, penalties, and forfeitures collected by the court administrator shall be new text end 38.12 new text begin distributed by the courts as provided by law. new text end 38.13 new text begin (b) Fines, penalties, and forfeitures shall be distributed as provided in paragraph new text end 38.14 new text begin (a) when: new text end 38.15 new text begin (1) a city contracts with the county attorney for prosecutorial services under section new text end 38.16 new text begin 484.87, subdivision 3; new text end 38.17 new text begin (2) a city has a population of 600 or less and has given the duty to prosecute cases to new text end 38.18 new text begin the county attorney under section 487.87; or new text end 38.19 new text begin (3) the attorney general provides assistance to the county attorney as permitted new text end 38.20 new text begin by law. new text end 38.21    Sec. 31. Minnesota Statutes 2008, section 484.91, subdivision 1, is amended to read: 38.22    Subdivision 1. Establishment. Misdemeanor violations bureaus new text begin in the Fourth new text end 38.23 new text begin Judicial District new text end shall be established in Minneapolis, a southern suburb location, and at 38.24any other northern and western suburban locations dispersed throughout the county as 38.25may be designated by a majority of the judges of the court. 38.26    Sec. 32. Minnesota Statutes 2008, section 491A.02, subdivision 9, is amended to read: 38.27    Subd. 9. Judgment debtor disclosure. Notwithstanding any contrary provision in 38.28rule 518 of the Conciliation Court Rules, unless the parties have otherwise agreed, if a 38.29conciliation court judgment or a judgment of district court on removal from conciliation 38.30court has been docketed in district court, new text begin the judgment creditor's attorney as an officer of new text end 38.31 new text begin the court may or new text end the district court in the county in which the judgment originated shall, 38.32upon request of the judgment creditor, order the judgment debtor to mail to the judgment 38.33creditor information as to the nature, amount, identity, and locations of all the debtor's 38.34assets, liabilities, and personal earning. The information must be provided on a form 39.1prescribed by the Supreme Court, and the information shall be sufficiently detailed to 39.2enable the judgment creditor to obtain satisfaction of the judgment by way of execution on 39.3nonexempt assets and earnings of the judgment debtor. The order must contain a notice 39.4that failure to complete the form and mail it to the judgment creditor within ten days after 39.5service of the order may result in a citation for civil contempt of court. Cash bail posted as 39.6a result of being cited for civil contempt of court order under this section may be ordered 39.7payable to the creditor to satisfy the judgment, either partially or fully. 39.8    Sec. 33. Minnesota Statutes 2008, section 491A.03, subdivision 1, is amended to read: 39.9    Subdivision 1. Judges; referees. The judges of district court shall new text begin may new text end serve as 39.10judges of conciliation court. In the Second and Fourth Judicial Districts, A majority of 39.11the judges new text begin The chief judge new text end of the district may appoint one or more suitable persons to act 39.12as referees in conciliation court; a majority of the judges new text begin the chief judge new text end of the district 39.13shall establish qualifications for the office, specify the duties and length of service of 39.14referees, and fix their compensation not to exceed an amount per day determined by the 39.15chief judge of the judicial district. 39.16 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 39.17    Sec. 34. Minnesota Statutes 2008, section 525.091, subdivision 1, is amended to read: 39.18    Subdivision 1. Original documents. The court administrator of any county upon 39.19order of the judge exercising probate jurisdiction may destroy all the original documents 39.20in any probate proceeding of record in the office five years after the file in such proceeding 39.21has been closed provided the original or a Minnesota state archives commission approved 39.22photographic, photostatic, microphotographic, microfilmed, or similarly reproduced copy 39.23of the original of the following enumerated documents in the proceeding are on file in 39.24the office. 39.25Enumerated original documents: 39.26(a) In estates, the jurisdictional petition and proof of publication of the notice of 39.27hearing thereof; will and certificate of probate; letters; inventory and appraisal; orders 39.28directing and confirming sale, mortgage, lease, or for conveyance of real estate; order 39.29setting apart statutory selection; receipts for federal estate taxes and state estate taxes; 39.30orders of distribution and general protection; decrees of distribution; federal estate tax 39.31closing letter, consent to discharge by commissioner of revenue and order discharging 39.32representative; and any amendment of the listed documents. 39.33When an estate is deemed closed as provided in clause (d) of this subdivision, the 39.34enumerated documents shall include all claims of creditors. 40.1(b) In guardianships or conservatorships, the jurisdictional petition and order for 40.2hearing thereof with proof of service; letters; orders directing and confirming sale, 40.3mortgage, lease or for conveyance of real estate; order for restoration to capacity and order 40.4discharging guardian; and any amendment of the listed documents. 40.5(c) In mental, inebriety, and indigent matters, the jurisdictional petition; report of 40.6examination; warrant of commitment; notice of discharge from institution, or notice of 40.7death and order for restoration to capacity; and any amendment of the listed documents. 40.8(d) Except for the enumerated documents described in this subdivision, the court 40.9administrator may destroy all other original documents in any probate proceeding without 40.10retaining any reproduction of the document. For the purpose of this subdivision, a 40.11proceeding is deemed closed if no document has been filed in the proceeding for a period 40.12of 15 years, except in the cases of wills filed for safekeeping and those containing wills of 40.13decedents not adjudicated upon. 40.14    Sec. 35. Minnesota Statutes 2008, section 549.09, subdivision 1, is amended to read: 40.15    Subdivision 1. When owed; rate. (a) When a judgment or award is for the recovery 40.16of money, including a judgment for the recovery of taxes, interest from the time of 40.17the verdict, award, or report until judgment is finally entered shall be computed by the 40.18court administrator or arbitrator as provided in paragraph (c) and added to the judgment 40.19or award. 40.20(b) Except as otherwise provided by contract or allowed by law, preverdict, 40.21preaward, or prereport interest on pecuniary damages shall be computed as provided 40.22in paragraph (c) from the time of the commencement of the action or a demand for 40.23arbitration, or the time of a written notice of claim, whichever occurs first, except as 40.24provided herein. The action must be commenced within two years of a written notice of 40.25claim for interest to begin to accrue from the time of the notice of claim. If either party 40.26serves a written offer of settlement, the other party may serve a written acceptance or a 40.27written counteroffer within 30 days. After that time, interest on the judgment or award 40.28shall be calculated by the judge or arbitrator in the following manner. The prevailing 40.29party shall receive interest on any judgment or award from the time of commencement 40.30of the action or a demand for arbitration, or the time of a written notice of claim, or as 40.31to special damages from the time when special damages were incurred, if later, until the 40.32time of verdict, award, or report only if the amount of its offer is closer to the judgment or 40.33award than the amount of the opposing party's offer. If the amount of the losing party's 40.34offer was closer to the judgment or award than the prevailing party's offer, the prevailing 40.35party shall receive interest only on the amount of the settlement offer or the judgment or 41.1award, whichever is less, and only from the time of commencement of the action or a 41.2demand for arbitration, or the time of a written notice of claim, or as to special damages 41.3from when the special damages were incurred, if later, until the time the settlement offer 41.4was made. Subsequent offers and counteroffers supersede the legal effect of earlier offers 41.5and counteroffers. For the purposes of clause (2), the amount of settlement offer must 41.6be allocated between past and future damages in the same proportion as determined by 41.7the trier of fact. Except as otherwise provided by contract or allowed by law, preverdict, 41.8preaward, or prereport interest shall not be awarded on the following: 41.9(1) judgments, awards, or benefits in workers' compensation cases, but not including 41.10third-party actions; 41.11(2) judgments or awards for future damages; 41.12(3) punitive damages, fines, or other damages that are noncompensatory in nature; 41.13(4) judgments or awards not in excess of the amount specified in section 491A.01; 41.14and 41.15(5) that portion of any verdict, award, or report which is founded upon interest, or 41.16costs, disbursements, attorney fees, or other similar items added by the court or arbitrator. 41.17(c) new text begin (1) For a judgment or award of $50,000 or less, new text end the interest shall be computed as 41.18simple interest per annum. The rate of interest shall be based on the secondary market 41.19yield of one year United States Treasury bills, calculated on a bank discount basis as 41.20provided in this section. 41.21On or before the 20th day of December of each year the state court administrator 41.22shall determine the rate from the one-year constant maturity treasury yield for the most 41.23recent calendar month, reported on a monthly basis in the latest statistical release of the 41.24board of governors of the Federal Reserve System. This yield, rounded to the nearest one 41.25percent, or four percent, whichever is greater, shall be the annual interest rate during the 41.26succeeding calendar year. The state court administrator shall communicate the interest 41.27rates to the court administrators and sheriffs for use in computing the interest on verdicts 41.28and shall make the interest rates available to arbitrators. 41.29 new text begin (2) For a judgment or award over $50,000, the interest rate shall be ten percent new text end 41.30 new text begin per year until paid. new text end 41.31 new text begin (3) new text end When a judgment creditor, or the judgment creditor's attorney or agent, has 41.32received a payment after entry of judgment, whether the payment is made voluntarily by 41.33or on behalf of the judgment debtor, or is collected by legal process other than execution 41.34levy where a proper return has been filed with the court administrator, the judgment 41.35creditor, or the judgment creditor's attorney, before applying to the court administrator 41.36for an execution shall file with the court administrator an affidavit of partial satisfaction. 42.1The affidavit must state the dates and amounts of payments made upon the judgment after 42.2the most recent affidavit of partial satisfaction filed, if any; the part of each payment that 42.3is applied to taxable disbursements and to accrued interest and to the unpaid principal 42.4balance of the judgment; and the accrued, but the unpaid interest owing, if any, after 42.5application of each payment. 42.6(d) This section does not apply to arbitrations between employers and employees 42.7under chapter 179 or 179A. An arbitrator is neither required to nor prohibited from 42.8awarding interest under chapter 179 or under section 179A.16 for essential employees. 42.9 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2009, and applies to new text end 42.10 new text begin judgments and awards finally entered on or after that date. new text end 42.11    Sec. 36. Minnesota Statutes 2008, section 550.011, is amended to read: 42.12550.011 JUDGMENT DEBTOR DISCLOSURE. 42.13Unless the parties have otherwise agreed, if a judgment has been docketed in 42.14district court for at least 30 days, and the judgment is not satisfied, new text begin the judgment creditor's new text end 42.15 new text begin attorney as an officer of the court may or new text end the district court in the county in which the 42.16judgment originated shall, upon request of the judgment creditor, order the judgment 42.17debtor to mail by certified mail to the judgment creditor information as to the nature, 42.18amount, identity, and locations of all the debtor's assets, liabilities, and personal earnings. 42.19The information must be provided on a form prescribed by the Supreme Court, and 42.20the information shall be sufficiently detailed to enable the judgment creditor to obtain 42.21satisfaction of the judgment by way of execution on nonexempt assets and earnings of the 42.22judgment debtor. The order must contain a notice that failure to complete the form and 42.23mail it to the judgment creditor within ten days after service of the order may result in a 42.24citation for civil contempt of court. Cash bail posted as a result of being cited for civil 42.25contempt of court order under this section may be ordered payable to the creditor to 42.26satisfy the judgment, either partially or fully. 42.27    Sec. 37. Minnesota Statutes 2008, section 609.035, subdivision 2, is amended to read: 42.28    Subd. 2. Consecutive sentences. (a) When a person is being sentenced for a 42.29violation of a provision listed in paragraph (e), the court may sentence the person to a 42.30consecutive term of imprisonment for a violation of any other provision listed in paragraph 42.31(e), notwithstanding the fact that the offenses arose out of the same course of conduct, 42.32subject to the limitation on consecutive sentences contained in section 609.15, subdivision 42.332 , and except as provided in paragraphs (b), (c), and (f) of this subdivision. 43.1(b) When a person is being sentenced for a violation of section 171.09, 171.20, 43.2171.24 , or 171.30, the court may not impose a consecutive sentence for another violation 43.3of a provision in chapter 171. 43.4(c) When a person is being sentenced for a violation of section 169.791 or 169.797, 43.5the court may not impose a consecutive sentence for another violation of a provision 43.6of sections 169.79 to 169.7995. 43.7(d) This subdivision does not limit the authority of the court to impose consecutive 43.8sentences for crimes arising on different dates or to impose a consecutive sentence when a 43.9person is being sentenced for a crime and is also in violation of the conditions of a stayed 43.10or otherwise deferred sentence under section 609.135. 43.11(e) This subdivision applies to misdemeanor and gross misdemeanor violations of 43.12the following if the offender has two or more prior impaired driving convictions as defined 43.13in section 169A.03 within the past ten years: 43.14(1) section 169A.20, subdivision 1 new text begin , 1a, 1b, or 1c new text end , driving while impaired; 43.15(2) section 169A.20, subdivision 2, test refusal; 43.16(3) section 169.791, failure to provide proof of insurance; 43.17(4) section 169.797, failure to provide vehicle insurance; 43.18(5) section 171.09, violation of condition of restricted license; 43.19(6) section 171.20, subdivision 2, operation after revocation, suspension, 43.20cancellation, or disqualification; 43.21(7) section 171.24, driving without valid license; and 43.22(8) section 171.30, violation of condition of limited license. 43.23(f) When a court is sentencing an offender for a violation of section 169A.20 and a 43.24violation of an offense listed in paragraph (e), and the offender has five or more qualified 43.25prior impaired driving incidents, as defined in section 169A.03, within the past ten years, 43.26the court shall sentence the offender to serve consecutive sentences for the offenses, 43.27notwithstanding the fact that the offenses arose out of the same course of conduct. 43.28 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2009, and applies to crimes new text end 43.29 new text begin committed on or after that date. new text end 43.30    Sec. 38. new text begin [609.092] JUVENILE PETTY OFFENDERS; USE OF RESTORATIVE new text end 43.31 new text begin JUSTICE. new text end 43.32     new text begin Subdivision 1. new text end new text begin First-time juvenile petty offenders; applicability; procedure. new text end new text begin (a) new text end 43.33 new text begin This subdivision applies to a child alleged to be a juvenile petty offender who: new text end 43.34 new text begin (1) has not been previously adjudicated delinquent or as a petty offender; new text end 44.1 new text begin (2) has not previously participated in or completed a diversion program for an new text end 44.2 new text begin offense; new text end 44.3 new text begin (3) has not previously been placed on probation without an adjudication for an new text end 44.4 new text begin offense or received a continuance under section 260B.198, subdivision 7; and new text end 44.5 new text begin (4) agrees to successfully complete a restorative justice program under this section. new text end 44.6 new text begin (b) Subject to subdivision 6, the prosecutor shall refer a child described in paragraph new text end 44.7 new text begin (a) to a restorative justice program or provider that has been included on the approved new text end 44.8 new text begin provider list described in subdivision 4. The program or provider shall arrange an new text end 44.9 new text begin appropriate outcome for the matter using restorative justice concepts. The program new text end 44.10 new text begin or provider shall involve the victim of the offense in the proceedings. If the victim new text end 44.11 new text begin is unwilling or unable to proceed, or if there is no identifiable victim, the program or new text end 44.12 new text begin provider shall ensure that someone serves as a proxy for the victim. The program or new text end 44.13 new text begin provider and child, along with other participants, shall agree in writing to an appropriate new text end 44.14 new text begin sanction for the child. The sanction may include any of the dispositions authorized in new text end 44.15 new text begin section 260B.235, if appropriate, along with any other sanctions agreed to. new text end 44.16     new text begin Subd. 2. new text end new text begin Failure to comply. new text end new text begin If a person fails to comply with the settlement new text end 44.17 new text begin agreement, the person shall be referred back to the court for further proceedings. new text end 44.18     new text begin Subd. 3. new text end new text begin Dismissal of charge. new text end new text begin Upon the successful completion by a person of the new text end 44.19 new text begin sanctions agreed to in the settlement agreement, the program or provider shall notify the new text end 44.20 new text begin court and the court shall dismiss the charge against the person. new text end 44.21     new text begin Subd. 4. new text end new text begin Approved list. new text end new text begin The prosecutor shall maintain a list of approved restorative new text end 44.22 new text begin justice programs and providers to which persons may be referred under this section. new text end 44.23     new text begin Subd. 5. new text end new text begin Preference for culturally specific programs. new text end new text begin If a restorative justice new text end 44.24 new text begin program or provider that is tailored in a more culturally specific manner to the person is new text end 44.25 new text begin on the list of approved providers under subdivision 4, and the prosecutor is referring the new text end 44.26 new text begin person to a restorative justice program or provider under this section, the prosecutor shall new text end 44.27 new text begin refer the person to the more appropriate program or provider. new text end 44.28     new text begin Subd. 6. new text end new text begin Exceptions; availability of programs; diversion alternatives; domestic new text end 44.29 new text begin abuse. new text end new text begin This section applies only in jurisdictions where suitable restorative justice new text end 44.30 new text begin programs and providers are available and are able to accept the referral. This section does new text end 44.31 new text begin not apply if a prosecutor has determined that a nonrestorative justice diversion program is new text end 44.32 new text begin more appropriate for the person. In addition, this section does not apply to cases involving new text end 44.33 new text begin domestic violence or domestic assault. new text end 44.34     new text begin Subd. 7. new text end new text begin Definition. new text end new text begin As used in this section, "restorative justice" has the meaning new text end 44.35 new text begin given in section 611A.775. The term also includes Native American sentencing circles. new text end 45.1    Sec. 39. Minnesota Statutes 2008, section 609.10, subdivision 1, is amended to read: 45.2    Subdivision 1. Sentences available. new text begin (a) new text end Upon conviction of a felony and compliance 45.3with the other provisions of this chapter the court, if it imposes sentence, may sentence 45.4the defendant to the extent authorized by law as follows: 45.5(1) to life imprisonment; or 45.6(2) to imprisonment for a fixed term of years set by the court; or 45.7(3) to both imprisonment for a fixed term of years and payment of a fine; or 45.8(4) to payment of a fine without imprisonment or to imprisonment for a fixed term of 45.9years if the fine is not paid new text begin or as an intermediate sanction on a stayed sentence new text end ; or 45.10(5) to payment of court-ordered restitution in addition to either imprisonment 45.11or payment of a fine, or both; or 45.12(6) to payment of a local correctional fee as authorized under section 609.102 in 45.13addition to any other sentence imposed by the court. 45.14 new text begin (b) If the court imposes a fine or orders restitution under paragraph (a), payment is new text end 45.15 new text begin due on the date imposed unless the court otherwise establishes a due date or a payment new text end 45.16 new text begin plan. new text end 45.17    Sec. 40. Minnesota Statutes 2008, section 609.101, subdivision 3, is amended to read: 45.18    Subd. 3. Controlled substance offenses; minimum fines. (a) Notwithstanding any 45.19other law, when a court sentences a person convicted of a controlled substance crime 45.20under sections 152.021 to 152.025 and 152.0262, it must impose a fine of not less than 45.2130 percent of the maximum fine authorized by law nor more than the maximum fine 45.22authorized by law. 45.23(b) The minimum fine required by this subdivision is in addition to the surcharge or 45.24assessment required by section 357.021, subdivision 6, and is in addition to any sentence 45.25of imprisonment or restitution imposed or ordered by the court. 45.26(c) The court shall collect the fine mandated by this subdivision and forward 70 45.27percent of it to a local drug abuse prevention new text begin or intervention new text end program existing or being 45.28implemented in the county in which the crime was committed. The court shall forward the 45.29remaining 30 percent to the commissioner of finance to be credited to the general fund. If 45.30more than one drug abuse prevention new text begin or intervention new text end program serves the county in which 45.31the crime was committed, the court may designate on a case-by-case basis which program 45.32will receive the fine proceeds, giving consideration to the community in which the crime 45.33was committed, the funding needs of the program, the number of peace officers in each 45.34community certified to teach the program, and the number of children served by the 45.35program in each community. If no drug abuse prevention new text begin or intervention new text end program serves 46.1communities in that county, the court shall forward 100 percent of the fine proceeds to the 46.2commissioner of finance to be credited to the general fund. 46.3(d) The minimum fines required by this subdivision shall be collected as are other 46.4fines. Fine proceeds received by a local drug abuse prevention new text begin or intervention new text end program 46.5must be used to support that program, and may be used for salaries of new text begin program staff or new text end 46.6peace officers certified to teach the program. The drug abuse resistance education program 46.7must report receipt and use of money generated under this subdivision as prescribed by 46.8the Drug Abuse Resistance Education Advisory Council new text begin to the state court administrator new text end 46.9 new text begin by January 15 of each year. The state court administrator must make this information new text end 46.10 new text begin available upon request new text end . 46.11(e) As used in this subdivision, "drug abuse prevention new text begin or intervention new text end program" 46.12and "program" include: 46.13(1) the drug abuse resistance education program described in section 299A.33; and 46.14(2) any similar new text begin a new text end drug abuse education and prevention program that includes the 46.15following components: 46.16(i) instruction for students enrolled in kindergarten through grade six that is 46.17designed to teach students to recognize and resist pressures to experiment with controlled 46.18substances and alcohol; 46.19(ii) provisions for parental involvement; 46.20(iii) classroom instruction by uniformed law enforcement personnel; 46.21(iv) the use of positive student leaders to influence younger students not to use 46.22drugs; and 46.23(v) an emphasis on activity-oriented techniques designed to encourage 46.24student-generated responses to problem-solving situations new text begin ; and new text end 46.25 new text begin (3) a juvenile court program that: new text end 46.26 new text begin (i) provides intervention strategies to reduce drug abuse and criminal behavior new text end 46.27 new text begin in juvenile offenders; and new text end 46.28 new text begin (ii) promotes local drug abuse prevention efforts within the community new text end . 46.29    Sec. 41. Minnesota Statutes 2008, section 609.101, subdivision 4, is amended to read: 46.30    Subd. 4. Minimum fines; other crimes. Notwithstanding any other law: 46.31(1) when a court sentences a person convicted of a felony that is not listed in 46.32subdivision 2 or 3, it must impose a fine of not less than 30 percent of the maximum fine 46.33authorized by law nor more than the maximum fine authorized by law; and 46.34(2) when a court sentences a person convicted of a gross misdemeanor or 46.35misdemeanor that is not listed in subdivision 2, it must impose a fine of not less than 47.130 percent of the maximum fine authorized by law nor more than the maximum fine 47.2authorized by law, unless the fine is set at a lower amount on a uniform fine schedule 47.3established by the Judicial Council in consultation with affected state and local agencies. 47.4This schedule shall be promulgated not later than September 1 of each year and shall 47.5become effective on January 1 of the next year unless the legislature, by law, provides 47.6otherwise. 47.7The minimum fine required by this subdivision is in addition to the surcharge or 47.8assessment required by section 357.021, subdivision 6, and is in addition to any sentence 47.9of imprisonment or restitution imposed or ordered by the court. 47.10The court shall collect the fines mandated in this subdivision and, except for fines for 47.11traffic and motor vehicle violations governed by section and section and 47.12fish and game violations governed by section , forward 20 percent of the revenues 47.13to the commissioner of finance for deposit in the general fund. 47.14    Sec. 42. new text begin [609.104] FINE AND SURCHARGE COLLECTION. new text end 47.15     new text begin Subdivision 1. new text end new text begin Failure to pay restitution or fine. new text end new text begin (a) Any portion of a fine, new text end 47.16 new text begin surcharge, court cost, restitution, or fee that the defendant fails to pay by the due date may new text end 47.17 new text begin be referred for collection under section 480.15, subdivision 10c. If the defendant has new text end 47.18 new text begin agreed to a payment plan but fails to pay an installment when due, the entire amount new text end 47.19 new text begin remaining becomes due and payable and may be referred for collection under section new text end 47.20 new text begin 480.15, subdivision 10c. new text end 47.21 new text begin (b) The defendant may contest the referral for collection based on inability to pay by new text end 47.22 new text begin requesting a hearing no later than the due date. The defendant shall be notified in writing new text end 47.23 new text begin at sentencing that under section 480.15, subdivision 10c, the court may refer the case for new text end 47.24 new text begin collection for nonpayment, and collection costs may be added to the amount due. The new text end 47.25 new text begin defendant shall also be notified in writing of the right to contest a referral for collection. new text end 47.26 new text begin The state court administrator shall develop the notice language. new text end 47.27     new text begin Subd. 2. new text end new text begin Fine and surcharge collection. new text end new text begin (a) A defendant's obligation to pay new text end 47.28 new text begin court-ordered fines, surcharges, court costs, restitution, and fees shall survive after the due new text end 47.29 new text begin date for a period set by the Judicial Council. new text end 47.30 new text begin (b) Any change in the collection period established by the Judicial Council shall be new text end 47.31 new text begin effective on court-ordered fines, surcharges, court costs, restitution, and fees imposed on new text end 47.32 new text begin or after the effective date of this section. new text end 47.33 new text begin (c) The period relating to a defendant's obligation to pay restitution under paragraph new text end 47.34 new text begin (a) does not limit the victim's right to collect restitution through other means such as a new text end 47.35 new text begin civil judgment. new text end 48.1 new text begin (d) Nothing in this subdivision extends the period of a defendant's stay of sentence new text end 48.2 new text begin imposition or execution. new text end 48.3    Sec. 43. Minnesota Statutes 2008, section 609.125, subdivision 1, is amended to read: 48.4    Subdivision 1. Sentences available. new text begin (a) new text end Upon conviction of a misdemeanor or gross 48.5misdemeanor the court, if sentence is imposed, may, to the extent authorized by law, 48.6sentence the defendant: 48.7(1) to imprisonment for a definite term; or 48.8(2) to payment of a fine, or to imprisonment for a specified term if the fine is not paid new text begin new text end 48.9 new text begin without imprisonment or as an intermediate sanction on a stayed sentence new text end ; or 48.10(3) to both imprisonment for a definite term and payment of a fine; or 48.11(4) to payment of court-ordered restitution in addition to either imprisonment 48.12or payment of a fine, or both; or 48.13(5) to payment of a local correctional fee as authorized under section 609.102 in 48.14addition to any other sentence imposed by the court; or 48.15(6) to perform work service in a restorative justice program in addition to any other 48.16sentence imposed by the court. 48.17 new text begin (b) If the court imposes a fine or orders restitution under paragraph (a), payment is new text end 48.18 new text begin due on the date imposed unless the court otherwise establishes a due date or a payment new text end 48.19 new text begin plan. new text end 48.20    Sec. 44. Minnesota Statutes 2008, section 609.135, subdivision 1, is amended to read: 48.21    Subdivision 1. Terms and conditions. (a) Except when a sentence of life 48.22imprisonment is required by law, or when a mandatory minimum sentence is required by 48.23section 609.11, any court may stay imposition or execution of sentence and: 48.24(1) may order intermediate sanctions without placing the defendant on probation; or 48.25(2) may place the defendant on probation with or without supervision and on the 48.26terms the court prescribes, including intermediate sanctions when practicable. The court 48.27may order the supervision to be under the probation officer of the court, or, if there is 48.28none and the conviction is for a felony or gross misdemeanor, by the commissioner of 48.29corrections, or in any case by some other suitable and consenting person. Unless the court 48.30directs otherwise, state parole and probation agents and probation officers may impose 48.31community work service or probation violation sanctions, consistent with section 243.05, 48.32subdivision 1 ; sections 244.196 to 244.199; or 401.02, subdivision 5. 49.1No intermediate sanction may be ordered performed at a location that fails to 49.2observe applicable requirements or standards of chapter 181A or 182, or any rule 49.3promulgated under them. 49.4(b) For purposes of this subdivision, subdivision 6, and section 609.14, the term 49.5"intermediate sanctions" includes but is not limited to incarceration in a local jail or 49.6workhouse, home detention, electronic monitoring, intensive probation, sentencing to 49.7service, reporting to a day reporting center, chemical dependency or mental health 49.8treatment or counseling, restitution, fines, day-fines, community work service, work 49.9service in a restorative justice program, work in lieu of or to work off fines and, with the 49.10victim's consent, work in lieu of or to work off restitution. 49.11(c) A court may not stay the revocation of the driver's license of a person convicted 49.12of violating the provisions of section 169A.20. 49.13 new text begin (d) If the court orders a fine, day-fine, or restitution as an intermediate sanction, new text end 49.14 new text begin payment is due on the date imposed unless the court otherwise establishes a due date new text end 49.15 new text begin or a payment plan. new text end 49.16    Sec. 45. Minnesota Statutes 2008, section 609.135, subdivision 1a, is amended to read: 49.17    Subd. 1a. Failure to pay restitution or fine. If the court orders payment of 49.18restitution or a fine as a condition of probation and if the defendant fails to pay the 49.19restitution or a fine in accordance with the payment schedule or structure established 49.20by the court or the probation officer, the prosecutor or the defendant's probation officer 49.21may, on the prosecutor's or the officer's own motion or at the request of the victim, 49.22ask the court to hold a hearing to determine whether or not the conditions of probation 49.23should be changed or probation should be revoked. The defendant's probation officer 49.24shall ask for the hearing if the restitution or fine ordered has not been paid prior to 60 49.25days before the term of probation expires. The court shall schedule and hold this hearing 49.26and take appropriate action, including action under subdivision 2, paragraph (g), before 49.27the defendant's term of probation expires. 49.28 new text begin Nothing in this subdivision limits the court's ability to refer the case to collections new text end 49.29 new text begin under section 609.104 when a defendant fails to pay court-ordered restitution. new text end 49.30    Sec. 46. Minnesota Statutes 2008, section 609.135, subdivision 2, is amended to read: 49.31    Subd. 2. Stay of sentence maximum periods. (a) If the conviction is for a felony 49.32other than section 609.21, subdivision 1a, paragraph (b) or (c), the stay shall be for not 49.33more than four years or the maximum period for which the sentence of imprisonment 49.34might have been imposed, whichever is longer. 50.1(b) If the conviction is for a gross misdemeanor violation of section 169A.20 50.2or 609.21, subdivision 1a, paragraph (d), or for a felony described in section 609.21, 50.3subdivision 1a , paragraph (b) or (c), the stay shall be for not more than six years. The 50.4court shall provide for unsupervised probation for the last year of the stay unless the court 50.5finds that the defendant needs supervised probation for all or part of the last year. 50.6(c) If the conviction is for a gross misdemeanor not specified in paragraph (b), the 50.7stay shall be for not more than two years. 50.8(d) If the conviction is for any misdemeanor under section 169A.20; 609.746, 50.9subdivision 1 ; 609.79; or 617.23; or for a misdemeanor under section 609.2242 or 50.10609.224, subdivision 1 , in which the victim of the crime was a family or household 50.11member as defined in section 518B.01, the stay shall be for not more than two years. The 50.12court shall provide for unsupervised probation for the second year of the stay unless the 50.13court finds that the defendant needs supervised probation for all or part of the second year. 50.14(e) If the conviction is for a misdemeanor not specified in paragraph (d), the stay 50.15shall be for not more than one year. 50.16(f) The defendant shall be discharged six months after the term of the stay expires, 50.17unless the stay has been revoked or extended under paragraph (g), or the defendant has 50.18already been discharged. 50.19(g) Notwithstanding the maximum periods specified for stays of sentences under 50.20paragraphs (a) to (f), a court may extend a defendant's term of probation for up to one year 50.21if it finds, at a hearing conducted under subdivision 1a, that: 50.22(1) the defendant has not paid court-ordered restitution or a fine in accordance 50.23with the payment schedule or structure; and 50.24(2) the defendant is likely to not pay the restitution or fine the defendant owes before 50.25the term of probation expires. 50.26This one-year extension of probation for failure to pay restitution or a fine may be 50.27extended by the court for up to one additional year if the court finds, at another hearing 50.28conducted under subdivision 1a, that the defendant still has not paid the court-ordered 50.29restitution or fine that the defendant owes. 50.30 new text begin Nothing in this subdivision limits the court's ability to refer the case to collections new text end 50.31 new text begin under section 609.104. new text end 50.32(h) Notwithstanding the maximum periods specified for stays of sentences under 50.33paragraphs (a) to (f), a court may extend a defendant's term of probation for up to three 50.34years if it finds, at a hearing conducted under subdivision 1c, that: 50.35(1) the defendant has failed to complete court-ordered treatment successfully; and 51.1(2) the defendant is likely not to complete court-ordered treatment before the term of 51.2probation expires. 51.3    Sec. 47. Minnesota Statutes 2008, section 611.17, is amended to read: 51.4611.17 FINANCIAL INQUIRY; STATEMENTS; CO-PAYMENT; 51.5STANDARDS FOR DISTRICT PUBLIC DEFENSE ELIGIBILITY. 51.6    (a) Each judicial district must screen requests for representation by the district public 51.7defender. A defendant is financially unable to obtain counsel if: 51.8    (1) the defendant, or any dependent of the defendant who resides in the same 51.9household as the defendant, receives means-tested governmental benefits; or 51.10    (2) the defendant, through any combination of liquid assets and current income, 51.11would be unable to pay the reasonable costs charged by private counsel in that judicial 51.12district for a defense of the same matter. 51.13    (b) Upon a request for the appointment of counsel, the court shall make appropriate 51.14inquiry into the financial circumstances of the applicant, who shall submit a financial 51.15statement under oath or affirmation setting forth the applicant's assets and liabilities, 51.16including the value of any real property owned by the applicant, whether homestead or 51.17otherwise, less the amount of any encumbrances on the real property, the source or sources 51.18of income, and any other information required by the court. The applicant shall be under 51.19a continuing duty while represented by a public defender to disclose any changes in the 51.20applicant's financial circumstances that might be relevant to the applicant's eligibility for a 51.21public defender. The state public defender shall furnish appropriate forms for the financial 51.22statements. The forms must contain conspicuous notice of the applicant's continuing duty 51.23to disclose to the court changes in the applicant's financial circumstances. The forms must 51.24also contain conspicuous notice of the applicant's obligation to make a co-payment for the 51.25services of the district public defender, as specified under paragraph (c). The information 51.26contained in the statement shall be confidential and for the exclusive use of the court 51.27and the public defender appointed by the court to represent the applicant except for any 51.28prosecution under section 609.48. A refusal to execute the financial statement or produce 51.29financial records constitutes a waiver of the right to the appointment of a public defender. 51.30The court shall not appoint a district public defender to a defendant who is financially able 51.31to retain private counsel but refuses to do so. 51.32    An inquiry to determine financial eligibility of a defendant for the appointment of 51.33the district public defender shall be made whenever possible prior to the court appearance 51.34and by such persons as the court may direct. This inquiry may be combined with the 51.35prerelease investigation provided for in Minnesota Rule of Criminal Procedure 6.02, 52.1subdivision 3 . In no case shall the district public defender be required to perform this 52.2inquiry or investigate the defendant's assets or eligibility. The court has the sole duty to 52.3conduct a financial inquiry. The inquiry must include the following: 52.4    (1) the liquidity of real estate assets, including the defendant's homestead; 52.5    (2) any assets that can be readily converted to cash or used to secure a debt; 52.6    (3) the determination of whether the transfer of an asset is voidable as a fraudulent 52.7conveyance; and 52.8    (4) the value of all property transfers occurring on or after the date of the alleged 52.9offense. The burden is on the accused to show that he or she is financially unable to afford 52.10counsel. Defendants who fail to provide information necessary to determine eligibility 52.11shall be deemed ineligible. The court must not appoint the district public defender as 52.12advisory counsel. 52.13    (c) Upon disposition of the case, an individual who has received public defender 52.14services shall pay to the court a $28 new text begin $75 new text end co-payment for representation provided by a 52.15public defender, unless the co-payment is, or has been, waived by the court. 52.16    The co-payment must be credited to the general fund. If a term of probation is 52.17imposed as a part of an offender's sentence, the co-payment required by this section must 52.18not be made a condition of probation. The co-payment required by this section is a civil 52.19obligation and must not be made a condition of a criminal sentence. 52.20    Sec. 48. Minnesota Statutes 2008, section 631.48, is amended to read: 52.21631.48 SENTENCE; COSTS OF PROSECUTION. 52.22In a criminal action, upon conviction of the defendant, the court may order as part of 52.23the sentence that defendant shall pay the whole or any part of the disbursements of the 52.24prosecution, including disbursements made to extradite a defendant. The court may order 52.25this payment in addition to any other penalty authorized by law which it may impose. The 52.26payment of the disbursements of prosecution may be enforced in the same manner as the 52.27sentence, or by execution against property. When collected, the disbursements must be 52.28paid into the treasury of the county of conviction, but new text begin of ordered prosecution costs shall be new text end 52.29 new text begin paid to the municipality or subdivision of government which employed the prosecuting new text end 52.30 new text begin attorney or otherwise provided for prosecution of the case. new text end This payment may not interfere 52.31with the payment of officers', witnesses', or jurors' fees. 52.32    Sec. 49. new text begin PUBLIC DEFENDER FEE. new text end 52.33     new text begin Subdivision 1. new text end new text begin Authorization. new text end new text begin (a) The Supreme Court, through the lawyer new text end 52.34 new text begin registration office, may assess a public defender fee on each licensed attorney in the new text end 53.1 new text begin state. If imposed, the fee must not be more than $75 or less than the civil legal services new text end 53.2 new text begin fee established by the Supreme Court in 1997 that licensed attorneys are required to pay new text end 53.3 new text begin pursuant to the rules of the supreme court on lawyer registration. new text end 53.4 new text begin (b) The fee described in paragraph (a) may apply only to attorneys actively engaged new text end 53.5 new text begin in the practice of law. new text end 53.6     new text begin Subd. 2. new text end new text begin Creation of account. new text end new text begin The public defender fee account is created in the new text end 53.7 new text begin special revenue fund. The state court administrator shall forward fees collected under new text end 53.8 new text begin subdivision 1 to the commissioner of finance who shall deposit them in the state treasury new text end 53.9 new text begin and credit them to this account. Money in the account is appropriated to the Board new text end 53.10 new text begin of Public Defense. new text end 53.11    Sec. 50. new text begin REPEALER. new text end 53.12 new text begin (a) new text end new text begin Minnesota Statutes 2008, section 152.0262, subdivision 2, new text end new text begin is repealed effective new text end 53.13 new text begin July 1, 2009, and applies to crimes committed on or after that date. new text end 53.14 new text begin (b) new text end new text begin Minnesota Statutes 2008, sections 383B.65, subdivision 2; 484.90, subdivisions new text end 53.15 new text begin 1, 2, and 3; 487.08, subdivisions 1, 2, 3, and 5; and 609.135, subdivision 8, new text end new text begin are repealed. new text end 53.16ARTICLE 3 53.17PUBLIC SAFETY AND CORRECTIONS 53.18    Section 1. Minnesota Statutes 2008, section 3.195, subdivision 1, is amended to read: 53.19    Subdivision 1. Distribution of reports. (a) new text begin Except as provided in subdivision new text end 53.20 new text begin 4, new text end a report to the legislature required of a department or agency shall be made, unless 53.21otherwise specifically required by law, by filing one copy with the secretary of the senate, 53.22one copy with the chief clerk of the house of representatives, and six copies with the 53.23Legislative Reference Library. The same distribution procedure shall be followed for 53.24other reports and publications unless otherwise requested by a legislator or the Legislative 53.25Reference Library. 53.26(b) A public entity as defined in section 16B.122, shall not distribute a report 53.27or publication to a member or employee of the legislature, except the secretary of the 53.28senate, the chief clerk of the house of representatives, and the Legislative Reference 53.29Library, unless the entity has determined that the member or employee wants the reports 53.30or publications published by that entity or the member or employee has requested the 53.31report or publication. This prohibition applies to both mandatory and voluntary reports 53.32and publications. A report or publication may be summarized in an executive summary 53.33and distributed as the entity chooses. Distribution of a report to legislative committee 54.1or commission members during a committee or commission hearing is not prohibited 54.2by this section. 54.3(c) A report or publication produced by a public entity may not be sent to both the 54.4home address and the office address of a representative or senator unless mailing to both 54.5addresses is requested by the representative or senator. 54.6(d) Reports, publications, periodicals, and summaries under this subdivision must 54.7be printed in a manner consistent with section 16B.122. 54.8    Sec. 2. Minnesota Statutes 2008, section 3.195, is amended by adding a subdivision to 54.9read: 54.10     new text begin Subd. 4. new text end new text begin Reports of criminal justice agencies; electronic versions only. new text end new text begin (a) As new text end 54.11 new text begin used in this subdivision, "criminal justice agency" means the Departments of Corrections, new text end 54.12 new text begin Public Safety, and Human Rights; the Boards of Public Defense, Peace Officer Standards new text end 54.13 new text begin and Training, Private Detective and Protective Agent Services, and Judicial Standards; the new text end 54.14 new text begin Sentencing Guidelines and Uniform Laws Commissions; and the courts. new text end 54.15 new text begin (b) A criminal justice agency that submits a report to the legislature under this new text end 54.16 new text begin section shall do so by submitting an electronic version rather than a printed one. new text end 54.17 new text begin Notwithstanding subdivision 1, paragraph (a), and section 15.18, the agency need submit new text end 54.18 new text begin only one electronic copy to the Legislative Reference Library, the State Library, and the new text end 54.19 new text begin Minnesota Historical Society. In addition, the agency shall submit one printed copy to new text end 54.20 new text begin the Legislative Reference Library. new text end 54.21    Sec. 3. Minnesota Statutes 2008, section 152.025, subdivision 1, is amended to read: 54.22    Subdivision 1. Sale crimes. new text begin (a) new text end A person is guilty of controlled substance crime in 54.23the fifth degree new text begin and if convicted may be sentenced to imprisonment for not more than five new text end 54.24 new text begin years or to payment of a fine of not more than $10,000, or both new text end if: 54.25(1) the person unlawfully sells one or more mixtures containing marijuana or 54.26tetrahydrocannabinols, except a small amount of marijuana for no remuneration; or 54.27(2) the person unlawfully sells one or more mixtures containing a controlled 54.28substance classified in schedule IV. 54.29 new text begin (b) Except as provided in paragraph (c), if a person is guilty of controlled substance new text end 54.30 new text begin crime in the fifth degree and the conviction is a subsequent controlled substance new text end 54.31 new text begin conviction, the person convicted shall be committed to the commissioner of corrections or new text end 54.32 new text begin to a local correctional authority for not less than six months nor more than ten years and, new text end 54.33 new text begin in addition, may be sentenced to payment of a fine of not more than $20,000 if: new text end 55.1 new text begin (1) the person unlawfully sells one or more mixtures containing marijuana or new text end 55.2 new text begin tetrahydrocannabinols, except a small amount of marijuana for no remuneration; or new text end 55.3 new text begin (2) the person unlawfully sells one or more mixtures containing a controlled new text end 55.4 new text begin substance classified in schedule IV. new text end 55.5 new text begin (c) Prior to the time of sentencing, the prosecutor may file a motion to have the new text end 55.6 new text begin person sentenced without regard to the mandatory minimum sentence established by new text end 55.7 new text begin paragraph (b). The motion must be accompanied by a statement on the record of the new text end 55.8 new text begin reasons for it. When presented with the motion, or on its own motion, the court may new text end 55.9 new text begin sentence the person without regard to the mandatory minimum sentence if the court finds, new text end 55.10 new text begin on the record, substantial and compelling reasons to do so. Sentencing a person in this new text end 55.11 new text begin manner is a departure from the sentencing guidelines. new text end 55.12 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2009, and applies to crimes new text end 55.13 new text begin committed on or after that date. new text end 55.14    Sec. 4. Minnesota Statutes 2008, section 152.025, subdivision 2, is amended to read: 55.15    Subd. 2. Possession and other crimes. new text begin (a) new text end A person is guilty of controlled 55.16substance crime in the fifth degree new text begin and if convicted may be sentenced to imprisonment for new text end 55.17 new text begin not more than five years or to payment of a fine of not more than $10,000, or both new text end if: 55.18(1) the person unlawfully possesses one or more mixtures containing a controlled 55.19substance classified in schedule I, II, III, or IV, except a small amount of marijuana; or 55.20(2) the person procures, attempts to procure, possesses, or has control over a 55.21controlled substance by any of the following means: 55.22(i) fraud, deceit, misrepresentation, or subterfuge; 55.23(ii) using a false name or giving false credit; or 55.24(iii) falsely assuming the title of, or falsely representing any person to be, a 55.25manufacturer, wholesaler, pharmacist, physician, doctor of osteopathy licensed to practice 55.26medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of 55.27obtaining a controlled substance. 55.28 new text begin (b) Except as provided in paragraph (c), if a person is guilty of controlled substance new text end 55.29 new text begin crime in the fifth degree and the conviction is a subsequent controlled substance new text end 55.30 new text begin conviction, the person convicted shall be committed to the commissioner of corrections or new text end 55.31 new text begin to a local correctional authority for not less than six months nor more than ten years and, new text end 55.32 new text begin in addition, may be sentenced to payment of a fine of not more than $20,000 if: new text end 55.33 new text begin (1) the person unlawfully possesses one or more mixtures containing a controlled new text end 55.34 new text begin substance classified in schedule I, II, III, or IV, except a small amount of marijuana; or new text end 56.1 new text begin (2) the person procures, attempts to procure, possesses, or has control over a new text end 56.2 new text begin controlled substance by any of the following means: new text end 56.3 new text begin (i) fraud, deceit, misrepresentation, or subterfuge; new text end 56.4 new text begin (ii) using a false name or giving false credit; or new text end 56.5 new text begin (iii) falsely assuming the title of, or falsely representing any person to be, a new text end 56.6 new text begin manufacturer, wholesaler, pharmacist, physician, doctor of osteopathy licensed to practice new text end 56.7 new text begin medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of new text end 56.8 new text begin obtaining a controlled substance. new text end 56.9 new text begin (c) Prior to the time of sentencing, the prosecutor may file a motion to have the new text end 56.10 new text begin person sentenced without regard to the mandatory minimum sentence established by new text end 56.11 new text begin paragraph (b). The motion must be accompanied by a statement on the record of the new text end 56.12 new text begin reasons for it. When presented with the motion, or on its own motion, the court may new text end 56.13 new text begin sentence the person without regard to the mandatory minimum sentence if the court finds, new text end 56.14 new text begin on the record, substantial and compelling reasons to do so. Sentencing a person in this new text end 56.15 new text begin manner is a departure from the sentencing guidelines. new text end 56.16 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2009, and applies to crimes new text end 56.17 new text begin committed on or after that date. new text end 56.18    Sec. 5. Minnesota Statutes 2008, section 171.29, subdivision 2, is amended to read: 56.19    Subd. 2. Reinstatement fees and surcharges allocated and appropriated. (a) 56.20An individual whose driver's license has been revoked as provided in subdivision 1, 56.21except under section 169A.52, 169A.54, or 609.21, must pay a $30 fee before the driver's 56.22license is reinstated. 56.23    (b) A person whose driver's license has been revoked as provided in subdivision 1 56.24under section 169A.52, 169A.54, or 609.21, must pay a $250 fee plus a $430 surcharge 56.25before the driver's license is reinstated, except as provided in paragraph (f). The $250 56.26fee is to be credited as follows: 56.27    (1) Twenty percent must be credited to the driver services operating account in the 56.28special revenue fund as specified in section 299A.705. 56.29    (2) Sixty-seven percent must be credited to the general fund. 56.30    (3) Eight percent must be credited to a separate account to be known as the Bureau of 56.31Criminal Apprehension account. Money in this account may be new text begin is annually new text end appropriated 56.32to the commissioner of public safety and the appropriated amount must be apportioned 56.3380 percent for laboratory costs and 20 percent for carrying out the provisions of section 56.34299C.065 . 57.1    (4) Five percent must be credited to a separate account to be known as the vehicle 57.2forfeiture account, which is created in the special revenue fund. The money in the account 57.3is annually appropriated to the commissioner for costs of handling vehicle forfeitures. 57.4    (c) The revenue from $50 of the surcharge must be credited to a separate account 57.5to be known as the traumatic brain injury and spinal cord injury account. The revenue 57.6from $50 of the surcharge on a reinstatement under paragraph (f) is credited from the 57.7first installment payment to the traumatic brain injury and spinal cord injury account. 57.8The money in the account is annually appropriated to the commissioner of health to be 57.9used as follows: 83 percent for contracts with a qualified community-based organization 57.10to provide information, resources, and support to assist persons with traumatic brain 57.11injury and their families to access services, and 17 percent to maintain the traumatic 57.12brain injury and spinal cord injury registry created in section 144.662. For the purposes 57.13of this paragraph, a "qualified community-based organization" is a private, not-for-profit 57.14organization of consumers of traumatic brain injury services and their family members. 57.15The organization must be registered with the United States Internal Revenue Service under 57.16section 501(c)(3) as a tax-exempt organization and must have as its purposes: 57.17    (1) the promotion of public, family, survivor, and professional awareness of the 57.18incidence and consequences of traumatic brain injury; 57.19    (2) the provision of a network of support for persons with traumatic brain injury, 57.20their families, and friends; 57.21    (3) the development and support of programs and services to prevent traumatic 57.22brain injury; 57.23    (4) the establishment of education programs for persons with traumatic brain injury; 57.24and 57.25    (5) the empowerment of persons with traumatic brain injury through participation 57.26in its governance. 57.27A patient's name, identifying information, or identifiable medical data must not be 57.28disclosed to the organization without the informed voluntary written consent of the patient 57.29or patient's guardian or, if the patient is a minor, of the parent or guardian of the patient. 57.30    (d) The remainder of the surcharge must be credited to a separate account to be 57.31known as the remote electronic alcohol-monitoring program account. The commissioner 57.32shall transfer the balance of this account to the commissioner of finance on a monthly 57.33basis for deposit in the general fund. 57.34    (e) When these fees are collected by a licensing agent, appointed under section 57.35171.061 , a handling charge is imposed in the amount specified under section 171.061, 58.1subdivision 4 . The reinstatement fees and surcharge must be deposited in an approved 58.2depository as directed under section 171.061, subdivision 4. 58.3    (f) A person whose driver's license has been revoked as provided in subdivision 58.41 under section 169A.52 or 169A.54 and who the court certifies as being financially 58.5eligible for a public defender under section 611.17, may choose to pay 50 percent and 58.6an additional $25 of the total amount of the surcharge and 50 percent of the fee required 58.7under paragraph (b) to reinstate the person's driver's license, provided the person meets all 58.8other requirements of reinstatement. If a person chooses to pay 50 percent of the total and 58.9an additional $25, the driver's license must expire after two years. The person must pay an 58.10additional 50 percent less $25 of the total to extend the license for an additional two years, 58.11provided the person is otherwise still eligible for the license. After this final payment of 58.12the surcharge and fee, the license may be renewed on a standard schedule, as provided 58.13under section 171.27. A handling charge may be imposed for each installment payment. 58.14Revenue from the handling charge is credited to the driver services operating account in 58.15the special revenue fund and is appropriated to the commissioner. 58.16    (g) Any person making installment payments under paragraph (f), whose driver's 58.17license subsequently expires, or is canceled, revoked, or suspended before payment of 58.18100 percent of the surcharge and fee, must pay the outstanding balance due for the initial 58.19reinstatement before the driver's license is subsequently reinstated. Upon payment of 58.20the outstanding balance due for the initial reinstatement, the person may pay any new 58.21surcharge and fee imposed under paragraph (b) in installment payments as provided 58.22under paragraph (f). 58.23    Sec. 6. Minnesota Statutes 2008, section 241.016, subdivision 1, is amended to read: 58.24    Subdivision 1. Biennial report. (a) The Department of Corrections shall submit a 58.25performance report to the chairs and ranking minority members of the senate and house of 58.26representatives committees and divisions having jurisdiction over criminal justice funding 58.27by January 15, 2005, and every other new text begin of each odd-numbered new text end year thereafter. The issuance 58.28and content of the report must include the following: 58.29    (1) department strategic mission, goals, and objectives; 58.30    (2) the department-wide per diem, adult facility-specific per diems, and an average 58.31per diem, reported in a standard calculated method as outlined in the departmental policies 58.32and procedures; 58.33    (3) department annual statistics as outlined in the departmental policies and 58.34procedures; and 59.1    (4) information about prison-based mental health programs, including, but not 59.2limited to, the availability of these programs, participation rates, and completion rates. 59.3    (b) The department shall maintain recidivism rates for adult facilities on an annual 59.4basis. In addition, each year the department shall, on an alternating basis, complete a 59.5recidivism analysis of adult facilities, juvenile services, and the community services 59.6divisions and include a three-year recidivism analysis in the report described in paragraph 59.7(a). The recidivism analysis must: (1) assess education programs, vocational programs, 59.8treatment programs, including mental health programs, industry, and employment; and (2) 59.9assess statewide re-entry policies and funding, including postrelease treatment, education, 59.10training, and supervision. In addition, when reporting recidivism for the department's 59.11adult and juvenile facilities, the department shall report on the extent to which offenders it 59.12has assessed as chemically dependent commit new offenses, with separate recidivism rates 59.13reported for persons completing and not completing the department's treatment programs. 59.14 new text begin (c) By August 31 of each odd-numbered year, the commissioner must present to the new text end 59.15 new text begin individuals identified in paragraph (a) a report that lists and describes the performance new text end 59.16 new text begin measures and targets the department will include in the biennial performance report. The new text end 59.17 new text begin measures and targets must include a budget target for the next two years and a history of new text end 59.18 new text begin the department's performance for the previous five years. At a minimum, the report must new text end 59.19 new text begin include measures and targets for the data and information identified in paragraphs (a) and new text end 59.20 new text begin (b) regarding per diem, statistics, inmate programming, and recidivism, and the following: new text end 59.21 new text begin (1) average statutory per diem for adult offenders, female offenders, and juvenile new text end 59.22 new text begin offenders; new text end 59.23 new text begin (2) the Department of Corrections field services; new text end 59.24 new text begin (3) staffing and salaries for both department divisions and institutions; new text end 59.25 new text begin (4) the use of private and local institutions to house persons committed to the new text end 59.26 new text begin commissioner; new text end 59.27 new text begin (5) the cost of inmate health and dental care; new text end 59.28 new text begin (6) implementation and use of corrections best practices; and new text end 59.29 new text begin (7) the challenge incarceration program. new text end 59.30    Sec. 7. Minnesota Statutes 2008, section 241.27, subdivision 1a, is amended to read: 59.31    Subd. 1a. Marketing plan. The commissioner of corrections, in consultation with 59.32the commissioner of employment and economic development, shall develop, implement, 59.33and maintain a formal marketing plan to attract private sector businesses and industries 59.34 new text begin and state and local government agencies new text end to employ inmate services new text begin incarcerated offenders new text end 60.1through MINNCOR industries. The plan shall be reviewed and updated annually by 60.2the commissioner of corrections. 60.3    Sec. 8. Minnesota Statutes 2008, section 241.27, is amended by adding a subdivision 60.4to read: 60.5     new text begin Subd. 6. new text end new text begin Reports and financial statements. new text end new text begin MINNCOR shall include its full costs new text end 60.6 new text begin for inmate wages and the money it receives from the department for inmate confinement new text end 60.7 new text begin costs in its annual financial statements and reports. In addition, MINNCOR shall disclose new text end 60.8 new text begin in its annual report how the money it receives from the department for inmate confinement new text end 60.9 new text begin costs affects its profitability. new text end 60.10    Sec. 9. Minnesota Statutes 2008, section 241.27, is amended by adding a subdivision 60.11to read: 60.12     new text begin Subd. 7. new text end new text begin Interactions with private businesses. new text end new text begin (a) MINNCOR shall use revenue new text end 60.13 new text begin contracts or purchase orders on forms approved by the Department of Administration new text end 60.14 new text begin whenever it allows private businesses to use inmate labor. MINNCOR shall determine new text end 60.15 new text begin whether to use a revenue contract or a purchase order according to criteria that the new text end 60.16 new text begin Department of Corrections has approved having taken into account the recommendations new text end 60.17 new text begin of the legislative auditor contained in its 2009 report on MINNCOR. new text end 60.18 new text begin (b) MINNCOR shall develop a uniform method to report sales and expenditure data new text end 60.19 new text begin related to individual labor arrangements with private businesses. MINNCOR shall review new text end 60.20 new text begin the data annually to assess how the arrangements, both individually and collectively, affect new text end 60.21 new text begin MINNCOR's achieving its goals of high inmate participation in industry and profitability. new text end 60.22    Sec. 10. Minnesota Statutes 2008, section 241.27, is amended by adding a subdivision 60.23to read: 60.24     new text begin Subd. 8. new text end new text begin Contracts or purchase orders; work on projects before and after. new text end 60.25 new text begin MINNCOR may not begin work on a project until a contract or purchase order has new text end 60.26 new text begin been signed and may not continue work on a project after a contract or purchase order new text end 60.27 new text begin has expired. new text end 60.28    Sec. 11. Minnesota Statutes 2008, section 244.055, subdivision 11, is amended to read: 60.29    Subd. 11. Sunset. This section expires July 1, 2009 new text begin 2011 new text end . 60.30 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 60.31    Sec. 12. new text begin [244.085] FELONY DWI REPORT. new text end 61.1     new text begin By January 15 of each year, the commissioner shall report to the chairs and new text end 61.2 new text begin ranking minority members of the house of representatives and senate committees new text end 61.3 new text begin having jurisdiction over criminal justice policy and funding on the implementation and new text end 61.4 new text begin effects of the felony level driving while impaired offense. The report must include the new text end 61.5 new text begin following information on felony level driving while impaired offenses involving offenders new text end 61.6 new text begin committed to the commissioner's custody: new text end 61.7     new text begin (1) the number of persons committed; new text end 61.8     new text begin (2) the county of conviction; new text end 61.9     new text begin (3) the offenders' ages and gender; new text end 61.10     new text begin (4) the offenders' prior impaired driving histories and prior criminal histories; new text end 61.11     new text begin (5) the number of offenders: new text end 61.12     new text begin (i) given an executed prison sentence upon conviction and the length of the sentence; new text end 61.13     new text begin (ii) given an executed prison sentence upon revocation of probation, the reasons new text end 61.14 new text begin for revocation, and the length of sentence; new text end 61.15     new text begin (iii) who successfully complete treatment in prison; new text end 61.16     new text begin (iv) placed on intensive supervision following release from incarceration; new text end 61.17 new text begin (v) placed in the challenge incarceration program, the number of offenders released new text end 61.18 new text begin from prison under this program, and the number of these offenders who violate their new text end 61.19 new text begin release conditions and the consequences imposed; and new text end 61.20     new text begin (vi) who violate supervised release and the consequences imposed; new text end 61.21     new text begin (6) per diem costs, including treatment costs, for offenders incarcerated under the new text end 61.22 new text begin felony sentence provisions; and new text end 61.23     new text begin (7) any other information the commissioner deems relevant to estimating future new text end 61.24 new text begin costs. new text end 61.25    Sec. 13. Minnesota Statutes 2008, section 244.17, is amended to read: 61.26244.17 CHALLENGE INCARCERATION PROGRAM. 61.27    Subdivision 1. Generally. The commissioner may new text begin shall new text end select offenders who 61.28meet the eligibility requirements of subdivisions 2 and 3 to participate in a challenge 61.29incarceration program described in sections 244.171 and 244.172 for all or part of the 61.30offender's sentence if the offender agrees to participate in the program and signs a written 61.31contract with the commissioner agreeing to comply with the program's requirements. 61.32    Subd. 2. Eligibility. new text begin (a) Unless a person is ineligible under subdivision 3, new text end the 61.33commissioner must limit new text begin offer a bed in new text end the challenge incarceration program to the 61.34following persons: 62.1(1) offenders who are committed to the commissioner's custody following revocation 62.2of a stayed sentence; and 62.3(2) offenders who are committed to the commissioner's custody, who have 48 62.4months or less in or remaining in their term of imprisonment, and who did not receive a 62.5dispositional departure under the Sentencing Guidelines. 62.6 new text begin (b) If there is insufficient space for an eligible person, the commissioner shall place new text end 62.7 new text begin the person's name on a waiting list and offer the person the chance to participate when new text end 62.8 new text begin space becomes available if the person is still eligible under this section. new text end 62.9    Subd. 3. Offenders not eligible. new text begin (a) new text end The following offenders are not eligible to be 62.10placed in the challenge incarceration program: 62.11(1) offenders who are committed to the commissioner's custody following a 62.12conviction for murder, manslaughter, criminal sexual conduct, assault, kidnapping, 62.13robbery, arson, or any other offense involving death or intentional personal injury; and 62.14(2) offenders who were convicted within the preceding ten years of an offense 62.15described in clause (1) and were committed to the custody of the commissioner. new text begin ; new text end 62.16 new text begin (3) offenders who have been convicted or adjudicated delinquent within the past five new text end 62.17 new text begin years for a violation of section 609.485; new text end 62.18 new text begin (4) offenders who are committed to the commissioner's custody for an offense that new text end 62.19 new text begin requires registration under section 243.166; new text end 62.20 new text begin (5) offenders who are the subject of a current arrest warrant or detainer; new text end 62.21 new text begin (6) offenders who have fewer than 180 days remaining until their supervised release new text end 62.22 new text begin date; new text end 62.23 new text begin (7) offenders who have had disciplinary confinement time added to their sentence or new text end 62.24 new text begin who have been placed in segregation, unless 90 days have elapsed from the imposition of new text end 62.25 new text begin the additional disciplinary confinement time or the last day of segregation; new text end 62.26 new text begin (8) offenders who have received a suspended formal disciplinary sanction, unless the new text end 62.27 new text begin suspension has expired; new text end 62.28 new text begin (9) offenders whose governing sentence is for an offense from another state or the new text end 62.29 new text begin United States; and new text end 62.30 new text begin (10) offenders who have a medical condition included on the list of ineligible new text end 62.31 new text begin conditions described in paragraph (b). new text end 62.32 new text begin (b) The commissioner of corrections shall develop a list of medical conditions that new text end 62.33 new text begin will disqualify an offender from participating in the challenge incarceration program. new text end 62.34 new text begin The commissioner shall submit the list and any changes to it to the chairs and ranking new text end 62.35 new text begin minority members of the senate and house committees having jurisdiction over criminal new text end 62.36 new text begin justice policy and funding. new text end 63.1    Sec. 14. Minnesota Statutes 2008, section 244.172, subdivision 1, is amended to read: 63.2    Subdivision 1. Phase I. Phase I of the program lasts at least six months. The 63.3offender must be confined in a state correctional facility designated by the commissioner new text begin new text end 63.4 new text begin at the Minnesota Correctional Facility - Willow River/Moose Lake or the Minnesota new text end 63.5 new text begin Correctional Facility - Togo new text end and must successfully participate in all intensive treatment, 63.6education and work programs required by the commissioner. The offender must also 63.7submit on demand to random drug and alcohol testing at time intervals set by the 63.8commissioner. Throughout phase I, the commissioner must severely restrict the offender's 63.9telephone and visitor privileges. 63.10    Sec. 15. new text begin [244.30] CAP ON INCARCERATION FOR FIRST-TIME SUPERVISED new text end 63.11 new text begin RELEASE VIOLATIONS; EXCEPTION FOR SEX OFFENDERS. new text end 63.12 new text begin (a) If the commissioner revokes the supervised release of a person whose release new text end 63.13 new text begin on the current offense has not previously been revoked, the commissioner may order the new text end 63.14 new text begin person to be incarcerated for no more than 90 days or until the expiration of the person's new text end 63.15 new text begin sentence, whichever is less. new text end 63.16 new text begin (b) This section does not apply to offenders on supervised release for a violation of new text end 63.17 new text begin section 609.342, 609.343, 609.344, 609.345, 609.3451, or 609.3453. new text end 63.18 new text begin (c) The commissioner may order a person described in this section to be incarcerated new text end 63.19 new text begin for more than 90 days if the commissioner determines that substantial and compelling new text end 63.20 new text begin reasons exist to believe that the longer incarceration period is necessary to protect the new text end 63.21 new text begin public. new text end 63.22 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment new text end 63.23 new text begin and applies to persons whose supervised release is revoked on or after that date. new text end 63.24    Sec. 16. Minnesota Statutes 2008, section 299A.01, subdivision 1a, is amended to read: 63.25    Subd. 1a. Mission; efficiency. It is part of the department's mission that within the 63.26department's resources the commissioner shall endeavor to: 63.27(1) prevent the waste or unnecessary spending of public money; 63.28(2) use innovative fiscal and human resource practices to manage the state's 63.29resources and operate the department as efficiently as possible; 63.30(3) coordinate the department's activities wherever appropriate with the activities 63.31of other governmental agencies; 63.32(4) use technology where appropriate to increase agency productivity, improve 63.33customer service, increase public access to information about government, and increase 63.34public participation in the business of government; 64.1(5) utilize constructive and cooperative labor-management practices to the extent 64.2otherwise required by chapters 43A and 179A; new text begin and new text end 64.3(6) report to the legislature on the performance of agency operations and the 64.4accomplishment of agency goals in the agency's biennial budget according to section 64.516A.10, subdivision 1; and 64.6(7) new text begin (6) new text end recommend to the legislature appropriate changes in law necessary to carry 64.7out the mission and improve the performance of the department. 64.8    Sec. 17. Minnesota Statutes 2008, section 299A.01, is amended by adding a 64.9subdivision to read: 64.10     new text begin Subd. 1c. new text end new text begin Performance report; performance measures and targets. new text end new text begin (a) The new text end 64.11 new text begin commissioner, as part of the department's mission and within the department's resources, new text end 64.12 new text begin shall report to the chairs and ranking minority members of the senate and house of new text end 64.13 new text begin representatives committees having jurisdiction over criminal justice policy and funding new text end 64.14 new text begin on the performance of agency operations and the accomplishment of agency goals in the new text end 64.15 new text begin agency's biennial budget according to paragraph (b) and section 16A.10, subdivision new text end 64.16 new text begin 1. The purpose of the report is to determine the extent to which each program is new text end 64.17 new text begin accomplishing the program's mission, goals, and objectives. new text end 64.18 new text begin The report may address: new text end 64.19 new text begin (1) factors that limited or delayed achievement of objectives or goals; new text end 64.20 new text begin (2) resources used or saved and efficiencies achieved in reaching program objectives new text end 64.21 new text begin and goals; new text end 64.22 new text begin (3) information from customers and partners of the agency regarding the quality of new text end 64.23 new text begin service and effectiveness of the agency and the agency's programs; new text end 64.24 new text begin (4) recommendations on elimination of unnecessary or obsolete mandated reports; new text end 64.25 new text begin and new text end 64.26 new text begin (5) major cases, events, or circumstances that required an agency response. new text end 64.27 new text begin (b) By August 1 of each odd-numbered year, the commissioner must present to new text end 64.28 new text begin the individuals identified in paragraph (a) a report that states the mission, goals, and new text end 64.29 new text begin objectives of each program and lists and describes the performance measures and targets new text end 64.30 new text begin the department will include in the performance report required under paragraph (a). The new text end 64.31 new text begin report must include information on how program goals and objectives were created and new text end 64.32 new text begin who participated in formulating them. The measures and targets must include a history of new text end 64.33 new text begin the department's performance for the previous five years. At a minimum, the report must new text end 64.34 new text begin include measures and targets for the following: new text end 64.35 new text begin (1) staffing and salaries for divisions within the agency; new text end 65.1 new text begin (2) caseloads and responsibilities of Bureau of Criminal Apprehension agents; new text end 65.2 new text begin (3) development and funding of the Allied Radio Matrix for Emergency Response new text end 65.3 new text begin (ARMER); new text end 65.4 new text begin (4) grant programs administered under the Office of Justice Programs and Homeland new text end 65.5 new text begin Security and Emergency Management; new text end 65.6 new text begin (5) receipt and expenditure of federal grant funds; new text end 65.7 new text begin (6) expenditure of the fire safety insurance surcharge; new text end 65.8 new text begin (7) emergency preparedness; new text end 65.9 new text begin (8) crime lab operations; and new text end 65.10 new text begin (9) assistance provided to crime victims. new text end 65.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective June 1, 2009. new text end 65.12    Sec. 18. Minnesota Statutes 2008, section 299C.65, subdivision 3a, is amended to read: 65.13    Subd. 3a. Report. The policy group, with the assistance of the task force, shall file 65.14an annual new text begin a biennial new text end report with the governor, Supreme Court, and chairs and ranking 65.15minority members of the senate and house of representatives committees and divisions 65.16with jurisdiction over criminal justice funding and policy by January 15 of new text begin in new text end each new text begin new text end 65.17 new text begin odd-numbered new text end year. The report must provide the following: 65.18(1) status and review of current integration efforts and projects; 65.19(2) recommendations concerning any legislative changes or appropriations that 65.20are needed to ensure that the criminal justice information systems operate accurately 65.21and efficiently; and 65.22(3) summary of the activities of the policy group and task force. 65.23 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 65.24    Sec. 19. Minnesota Statutes 2008, section 609.105, subdivision 1, is amended to read: 65.25    Subdivision 1. Sentence to less than 180 days new text begin more than one year new text end . In A felony 65.26sentence to imprisonment, when the remaining term of imprisonment is for 180 days 65.27or less, the defendant new text begin more than one year new text end shall be committed new text begin commit the defendant new text end to 65.28the custody of the commissioner of corrections and must serve the remaining term of 65.29imprisonment at a workhouse, work farm, county jail, or other place authorized by law. 65.30 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2009, and applies to offenders new text end 65.31 new text begin sentenced on or after that date. new text end 65.32    Sec. 20. new text begin REPORT ON MINNCOR MARKETING PLAN. new text end 66.1 new text begin By September 15, 2009, the commissioner of corrections shall report to the chairs new text end 66.2 new text begin and ranking minority members of the senate and house committees and divisions having new text end 66.3 new text begin jurisdiction over criminal justice policy and funding on the marketing plan required in new text end 66.4 new text begin Minnesota Statutes, section 241.27, subdivision 1a. new text end 66.5    Sec. 21. new text begin REVIEW OF REPORTS. new text end 66.6 new text begin The Sentencing Guidelines Commission and the Departments of Corrections new text end 66.7 new text begin and Public Safety shall each review its reports for consolidation and may consider new text end 66.8 new text begin consolidating any reports with other reports to achieve administrative convenience or new text end 66.9 new text begin fiscal savings or to reduce the burden of reporting requirements. The commission and new text end 66.10 new text begin departments may not eliminate a legislatively mandated reporting requirement without new text end 66.11 new text begin prior legislative approval. new text end 66.12    Sec. 22. new text begin COUNTY-BASED REVOCATION CENTER PILOT PROJECT; new text end 66.13 new text begin REPORT. new text end 66.14 new text begin (a) Dodge, Fillmore, and Olmsted Counties; Tri-County Community Corrections; new text end 66.15 new text begin Hennepin County; Ramsey County; and any other county or community corrections new text end 66.16 new text begin department that wishes to participate may develop a proposal for a pilot project for new text end 66.17 new text begin a secure residential center for the supervision of persons facing revocation of their new text end 66.18 new text begin supervised release or execution of a stayed prison sentence. The proposal must address the new text end 66.19 new text begin care, custody, and programming for offenders assigned to the facility as an intermediate new text end 66.20 new text begin sanction prior to revocation or execution of a stayed prison sentence. new text end 66.21 new text begin (b) The counties must consider the following factors in developing the proposal: new text end 66.22 new text begin (1) type and length of programming for offenders, including supervision, mental new text end 66.23 new text begin health and chemical dependency treatment options, and educational and employment new text end 66.24 new text begin readiness opportunities; new text end 66.25 new text begin (2) medical care; new text end 66.26 new text begin (3) the transporting of offenders to and from any facility; new text end 66.27 new text begin (4) detailed current and future costs and per diems associated with the facility; new text end 66.28 new text begin (5) admission and release procedures of the facility; new text end 66.29 new text begin (6) intended outcomes of the pilot project; and new text end 66.30 new text begin (7) other factors deemed appropriate for consideration by the counties. new text end 66.31 new text begin (c) By December 1, 2009, any county that develops a pilot project shall report by new text end 66.32 new text begin electronic means the pilot project proposal to the chairs and ranking minority members of new text end 66.33 new text begin the senate and house of representatives committees having jurisdiction over public safety new text end 66.34 new text begin policy and funding. A written copy must be made available upon request. new text end 67.1    Sec. 23. new text begin CORRECTIONS STRATEGIC MANAGEMENT AND OPERATIONS new text end 67.2 new text begin ADVISORY TASK FORCE. new text end 67.3     new text begin Subdivision 1. new text end new text begin Establishment; duties. new text end new text begin A task force is established to advise new text end 67.4 new text begin the governor and the legislature on management and operations strategies that will new text end 67.5 new text begin improve efficiency in corrections and reduce the inmate per diem for the Department of new text end 67.6 new text begin Corrections. The task force must provide an assessment that identifies strategies and new text end 67.7 new text begin makes recommendations, including any proposals for legislative changes, to improve new text end 67.8 new text begin efficiency in (1) the delivery of state corrections services; (2) construction, maintenance, new text end 67.9 new text begin and operation of state prisons; and (3) coordination between state and local corrections new text end 67.10 new text begin agencies. In developing its assessment, the task force shall consider best practices in new text end 67.11 new text begin business management; best practices in corrections management and operations; efficiency new text end 67.12 new text begin concepts in academic, business, or other environments; and how requirements under law new text end 67.13 new text begin affect corrections efficiency. The assessment provided by the task force should include, new text end 67.14 new text begin but is not limited to, analysis of the staffing and administration of prisons; central office new text end 67.15 new text begin and administrative services staffing and operations; the impact of decisions on other new text end 67.16 new text begin agency budgets; offender treatment and programming; field services; employee pension new text end 67.17 new text begin plans; housing short-term offenders and probation violators; offender healthcare; juvenile new text end 67.18 new text begin services; and the conditional release and challenge incarceration programs. new text end 67.19     new text begin Subd. 2. new text end new text begin Membership. new text end new text begin The advisory task force consists of the following members: new text end 67.20 new text begin (1) the commissioner of corrections, or the commissioner's designee; new text end 67.21 new text begin (2) one person appointed by the governor who serves as a sheriff in this state; new text end 67.22 new text begin (3) three persons appointed by the governor from a postsecondary academic new text end 67.23 new text begin institution who have expertise in applied economics, organizational efficiency, or business new text end 67.24 new text begin management; new text end 67.25 new text begin (4) three persons appointed by the governor from the private sector who have new text end 67.26 new text begin expertise in management or corporate efficiency but would not qualify for membership new text end 67.27 new text begin under clause (3); new text end 67.28 new text begin (5) one member appointed by the governor who is a community corrections act new text end 67.29 new text begin department director or a community probation office department director; new text end 67.30 new text begin (6) two persons appointed by the speaker of the house of representatives, one of new text end 67.31 new text begin whom must be a member of organized labor and possess knowledge of corrections; new text end 67.32 new text begin (7) one person appointed by the minority leader of the house of representatives; new text end 67.33 new text begin (8) two persons appointed by the senate majority leader, one of whom must be a new text end 67.34 new text begin member of organized labor and possess knowledge of corrections; and new text end 67.35 new text begin (9) one person appointed by the minority leader of the senate. new text end 68.1     new text begin Subd. 3. new text end new text begin Appointment of members. new text end new text begin The appointments and designations authorized new text end 68.2 new text begin by this section must be completed by August 1, 2009. new text end 68.3     new text begin Subd. 4. new text end new text begin Staffing support. new text end new text begin Upon request of the task force, the commissioner of new text end 68.4 new text begin administration must provide meeting space and administrative services. The commissioner new text end 68.5 new text begin of corrections shall provide information and other assistance as requested by the task force. new text end 68.6     new text begin Subd. 5. new text end new text begin Administrative provisions. new text end new text begin (a) The commissioner of corrections, or the new text end 68.7 new text begin commissioner's designee, must convene the initial meeting of the task force. The members new text end 68.8 new text begin of the task force must elect a chair or co-chairs at the initial meeting. new text end 68.9 new text begin (b) Public members of the task force serve without compensation or payment of new text end 68.10 new text begin expenses. new text end 68.11 new text begin (c) The task force may apply for, solicit, and accept gifts and grants and is new text end 68.12 new text begin encouraged to seek technical assistance from subject matter experts affiliated with the new text end 68.13 new text begin National Institute of Corrections. Funds received under this paragraph are accepted new text end 68.14 new text begin on behalf of the state and constitute donations to the state and are appropriated to the new text end 68.15 new text begin commissioner of administration for purposes of the task force. new text end 68.16 new text begin (d) The task force expires June 30, 2010. new text end 68.17     new text begin Subd. 6. new text end new text begin Report. new text end new text begin By February 15, 2010, the task force shall submit a report on new text end 68.18 new text begin corrections management and operations efficiency strategies to the governor and to new text end 68.19 new text begin the chairs and ranking minority members of the house of representatives and senate new text end 68.20 new text begin committees with jurisdiction over public safety policy and finance. new text end 68.21 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 68.22    Sec. 24. new text begin REPEALER. new text end 68.23 new text begin (a) new text end new text begin Minnesota Statutes 2008, sections 260B.199, subdivision 2; 260B.201, new text end 68.24 new text begin subdivision 3; and 325E.22, new text end new text begin are repealed effective the day following final enactment. new text end 68.25 new text begin (b) new text end new text begin Minnesota Statutes 2008, section 152.025, subdivision 3, new text end new text begin is repealed effective new text end 68.26 new text begin July 1, 2009, and applies to crimes committed on or after that date. new text end 68.27 new text begin (c) new text end new text begin Minnesota Statutes 2008, section 609.105, subdivisions 1a and 1b, new text end new text begin are repealed new text end 68.28 new text begin effective July 1, 2009, and apply to offenders sentenced on or after that date. new text end " 68.29Delete the title and insert: 68.30"A bill for an act 68.31relating to public safety; providing for the courts and public defenders including 68.32court vacancies, referees, fines and fees, surcharges, collection policies and 68.33procedures, driving while impaired, judgments, and restorative justice for 68.34juvenile petty offenders; providing for public safety and corrections including 68.35reports, controlled substance crimes, sentencing, MINNCOR, challenge 68.36incarceration program, supervised release violations, and county-based 68.37revocation center pilot project; authorizing a task force and forum; providing for 69.1penalties; appropriating money for the courts, public defenders, public safety, 69.2corrections, certain other criminal justice agencies, boards, and commissions; 69.3amending Minnesota Statutes 2008, sections 2.722, subdivisions 4, 4a; 2.724, 69.4subdivisions 2, 3; 3.195, subdivision 1, by adding a subdivision; 86B.705, 69.5subdivision 2; 134A.09, subdivision 2a; 134A.10, subdivision 3; 152.025, 69.6subdivisions 1, 2; 152.0262, subdivision 1; 169A.20, subdivision 1, by adding 69.7subdivisions; 169A.25, subdivision 1; 169A.26, subdivision 1; 169A.27, 69.8subdivision 1; 169A.28, subdivision 2; 169A.284; 169A.46, subdivision 1; 69.9169A.54, subdivision 1; 171.29, subdivision 2; 241.016, subdivision 1; 241.27, 69.10subdivision 1a, by adding subdivisions; 244.055, subdivision 11; 244.17; 69.11244.172, subdivision 1; 299A.01, subdivision 1a, by adding a subdivision; 69.12299C.65, subdivision 3a; 299D.03, subdivision 5; 357.021, subdivisions 2, 6, 69.137; 357.022; 357.08; 364.08; 375.14; 480.15, by adding a subdivision; 484.85; 69.14484.90, subdivision 6; 484.91, subdivision 1; 491A.02, subdivision 9; 491A.03, 69.15subdivision 1; 525.091, subdivision 1; 549.09, subdivision 1; 550.011; 609.035, 69.16subdivision 2; 609.10, subdivision 1; 609.101, subdivisions 3, 4; 609.105, 69.17subdivision 1; 609.125, subdivision 1; 609.135, subdivisions 1, 1a, 2; 611.17; 69.18631.48; proposing coding for new law in Minnesota Statutes, chapters 244; 609; 69.19repealing Minnesota Statutes 2008, sections 152.025, subdivision 3; 152.0262, 69.20subdivision 2; 260B.199, subdivision 2; 260B.201, subdivision 3; 325E.22; 69.21383B.65, subdivision 2; 484.90, subdivisions 1, 2, 3; 487.08, subdivisions 1, 2, 69.223, 5; 609.105, subdivisions 1a, 1b; 609.135, subdivision 8." We request the adoption of this report and repassage of the bill.Senate Conferees: (Signed) Linda Higgins, Leo Foley, Mee Moua, Ron Latz, Mary OlsonHouse Conferees: (Signed) Michael Paymar, Debra Hilstrom, Tina Liebling, David Dill, Tony Cornish 70.1 We request the adoption of this report and repassage of the bill. 70.2 Senate Conferees:(Signed) 70.3 ..... ..... 70.4 Linda Higgins Leo Foley 70.5 ..... ..... 70.6 Mee Moua Ron Latz 70.7 ..... 70.8 Mary Olson 70.9 House Conferees:(Signed) 70.10 ..... ..... 70.11 Michael Paymar Debra Hilstrom 70.12 ..... ..... 70.13 Tina Liebling John Lesch 70.14 ..... 70.15 Tony Cornish