1.1A bill for an act
1.2relating to public safety; clarifying elements and penalties of certain crimes;
1.3requiring reports; increasing fees; providing for a uniform fine schedule;
1.4authorizing collection of fines and surcharges; requiring annual appropriation of
1.5money in Bureau of Criminal Apprehension account to commissioner of public
1.6safety; appropriating money for the courts, public defenders, public safety,
1.7corrections, and other criminal justice agencies;amending Minnesota Statutes
1.82008, sections 2.722, subdivisions 4, 4a; 2.724, subdivisions 2, 3; 86B.705,
1.9subdivision 2; 134A.09, subdivision 2a; 134A.10, subdivision 3; 152.025,
1.10subdivisions 1, 2, 3; 152.0262, subdivision 1; 169A.20, subdivision 1, by
1.11adding subdivisions; 169A.25, subdivision 1; 169A.26, subdivision 1; 169A.27,
1.12subdivision 1; 169A.28, subdivision 2; 169A.284; 169A.46, subdivision 1;
1.13169A.54, subdivision 1; 171.29, subdivision 2; 241.016, subdivision 1; 244.055,
1.14subdivisions 2, 11; 299A.01, subdivision 1a, by adding a subdivision; 299C.65,
1.15subdivision 3a; 299D.03, subdivision 5; 357.021, subdivisions 2, 6, 7; 357.022;
1.16357.08; 364.08; 375.14; 403.11, subdivision 1; 480.15, by adding a subdivision;
1.17484.85; 484.90, subdivision 6; 491A.02, subdivision 9; 525.091, subdivision 1;
1.18549.09, subdivision 1; 550.011; 609.035, subdivision 2; 609.10, subdivision
1.191; 609.101, subdivision 4; 609.105, subdivision 1; 609.125, subdivision 1;
1.20609.131, subdivision 3; 609.135, subdivisions 1, 1a, 2; 611.17; 631.48; proposing
1.21coding for new law in Minnesota Statutes, chapter 609; repealing Minnesota
1.22Statutes 2008, sections 152.025, subdivision 3; 152.0262, subdivision 2; 484.90,
1.23subdivisions 1, 2, 3; 487.08, subdivisions 1, 2, 3, 5; 609.105, subdivisions 1a, 1b;
1.24609.135, subdivision 8.
1.25BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.26
ARTICLE 1
1.27
APPROPRIATIONS
1.28
Section 1. new text begin SUMMARY OF APPROPRIATIONS.new text end
1.29
new text begin The amounts shown in this section summarize direct appropriations, by fund, made new text end
1.30
new text begin in this article.new text end
1.31
new text begin 2010new text end
new text begin 2011new text end
new text begin Totalnew text end
1.32
new text begin Generalnew text end
new text begin $new text end
new text begin 908,031,000new text end
new text begin $new text end
new text begin 898,494,000new text end
new text begin $new text end
new text begin 1,806,525,000new text end
2.1
new text begin Federalnew text end
new text begin 19,000,000new text end
new text begin 19,000,000new text end
new text begin 38,000,000new text end
2.2
2.3
new text begin State Government Special new text end
new text begin Revenuenew text end
new text begin 66,573,000new text end
new text begin 70,336,000new text end
new text begin 136,909,000new text end
2.4
new text begin Environmental Fundnew text end
new text begin 69,000new text end
new text begin 69,000new text end
new text begin 138,000new text end
2.5
new text begin Special Revenue Fundnew text end
new text begin 14,559,000new text end
new text begin 14,559,000new text end
new text begin 29,118,000new text end
2.6
new text begin Trunk Highwaynew text end
new text begin 1,941,000new text end
new text begin 1,941,000new text end
new text begin 3,882,000new text end
2.7
new text begin Totalnew text end
new text begin $new text end
new text begin 1,010,173,000new text end
new text begin $new text end
new text begin 1,004,399,000new text end
new text begin $new text end
new text begin 2,014,572,000new text end
2.8
Sec. 2. new text begin PUBLIC SAFETY APPROPRIATIONS.new text end
2.9
new text begin The sums shown in the columns marked "Appropriations" are appropriated to the new text end
2.10
new text begin agencies and for the purposes specified in this article. The appropriations are from the new text end
2.11
new text begin general fund, or another named fund, and are available for the fiscal years indicated new text end
2.12
new text begin for each purpose. The figures "2010" and "2011" used in this article mean that the new text end
2.13
new text begin appropriations listed under them are available for the fiscal year ending June 30, 2010, or new text end
2.14
new text begin June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is fiscal new text end
2.15
new text begin year 2011. "The biennium" is fiscal years 2010 and 2011. Appropriations for the fiscal new text end
2.16
new text begin year ending June 30, 2009, are effective the day following final enactment.new text end
2.17
new text begin APPROPRIATIONSnew text end
2.18
new text begin Available for the Yearnew text end
2.19
new text begin Ending June 30new text end
2.20
new text begin 2010new text end
new text begin 2011new text end
2.21
Sec. 3. new text begin SUPREME COURTnew text end
2.22
new text begin Subdivision 1.new text end new text begin Total Appropriationnew text end
new text begin $new text end
new text begin 43,919,000new text end
new text begin $new text end
new text begin 43,366,000new text end
2.23
new text begin The amounts that may be spent for each new text end
2.24
new text begin purpose are specified in the following new text end
2.25
new text begin subdivisions.new text end
2.26
new text begin Subd. 2.new text end new text begin Supreme Court Operationsnew text end
new text begin 31,740,000new text end
new text begin 31,339,000new text end
2.27
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
2.28
new text begin is for a contingent account for expenses new text end
2.29
new text begin necessary for the normal operation of the new text end
2.30
new text begin court for which no other reimbursement is new text end
2.31
new text begin provided.new text end
2.32
new text begin (b) new text end new text begin Criminal Justice Forum.new text end new text begin The chief new text end
2.33
new text begin justice is requested to continue the criminal new text end
2.34
new text begin justice forum to evaluate and examine new text end
2.35
new text begin criminal justice efficiencies and costs new text end
3.1
new text begin savings, and may submit a report of the new text end
3.2
new text begin findings and recommendations to the chairs new text end
3.3
new text begin and ranking minority members of the house new text end
3.4
new text begin of representatives and senate committees new text end
3.5
new text begin with jurisdiction over public safety policy new text end
3.6
new text begin and finance by February 15, 2010.new text end
3.7
new text begin (c) new text end new text begin Federal Stimulus Funds.new text end new text begin The Supreme new text end
3.8
new text begin Court is encouraged to apply for all available new text end
3.9
new text begin grants for federal stimulus funds to: (1) new text end
3.10
new text begin continue drug court programs that lose new text end
3.11
new text begin state funding; and (2) make technological new text end
3.12
new text begin improvements within the judicial system.new text end
3.13
new text begin (d) new text end new text begin Judicial and Referee Vacancies.new text end new text begin new text end
3.14
new text begin The Supreme Court shall not certify a new text end
3.15
new text begin judicial or referee vacancy under Minnesota new text end
3.16
new text begin Statutes, section 2.722, until it has examined new text end
3.17
new text begin alternative options, such as temporarily new text end
3.18
new text begin suspending certification of the vacant new text end
3.19
new text begin position or assigning a retired judge to new text end
3.20
new text begin temporarily fill the position. Thirty days new text end
3.21
new text begin prior to certifying any judicial or referee new text end
3.22
new text begin vacancy to the governor, the Supreme new text end
3.23
new text begin Court shall submit to the chairs and new text end
3.24
new text begin ranking minority members of the house new text end
3.25
new text begin of representatives and senate committees new text end
3.26
new text begin with jurisdiction over public safety and new text end
3.27
new text begin judiciary policy and finance a report with new text end
3.28
new text begin a detailed explanation of the alternatives new text end
3.29
new text begin that were examined, why those alternatives new text end
3.30
new text begin were rejected, and why certification of the new text end
3.31
new text begin position is necessary for effective judicial new text end
3.32
new text begin administration and adequate access to the new text end
3.33
new text begin courts.new text end
3.34
new text begin Subd. 3.new text end new text begin Civil Legal Servicesnew text end
new text begin 12,179,000new text end
new text begin 12,027,000new text end
4.1
new text begin Legal Services to Low-Income Clients in new text end
4.2
new text begin Family Law Matters.new text end new text begin Of this appropriation, new text end
4.3
new text begin $877,000 each year is to improve the new text end
4.4
new text begin access of low-income clients to legal new text end
4.5
new text begin representation in family law matters. This new text end
4.6
new text begin appropriation must be distributed under new text end
4.7
new text begin Minnesota Statutes, section 480.242, to new text end
4.8
new text begin the qualified legal services programs new text end
4.9
new text begin described in Minnesota Statutes, section new text end
4.10
new text begin 480.242, subdivision 2, paragraph (a). Any new text end
4.11
new text begin unencumbered balance remaining in the first new text end
4.12
new text begin year does not cancel and is available in the new text end
4.13
new text begin second year.new text end
4.14
Sec. 4. new text begin COURT OF APPEALSnew text end
new text begin $new text end
new text begin 10,353,000new text end
new text begin $new text end
new text begin 10,222,000new text end
4.15
Sec. 5. new text begin TRIAL COURTSnew text end
new text begin $new text end
new text begin 251,696,000new text end
new text begin $new text end
new text begin 248,540,000new text end
4.16
Sec. 6. new text begin TAX COURTnew text end
new text begin $new text end
new text begin 800,000new text end
new text begin $new text end
new text begin 800,000new text end
4.17
Sec. 7. new text begin UNIFORM LAWS COMMISSIONnew text end
new text begin $new text end
new text begin 51,000new text end
new text begin $new text end
new text begin 50,000new text end
4.18
Sec. 8. new text begin BOARD ON JUDICIAL STANDARDSnew text end
new text begin $new text end
new text begin 446,000new text end
new text begin $new text end
new text begin 446,000new text end
4.19
new text begin The base budget for the Board on Judicial new text end
4.20
new text begin Standards shall be $321,000 in fiscal year new text end
4.21
new text begin 2012 and $321,000 in fiscal year 2013.new text end
4.22
Sec. 9. new text begin BOARD OF PUBLIC DEFENSEnew text end
new text begin $new text end
new text begin 67,628,000new text end
new text begin $new text end
new text begin 65,028,000new text end
4.23
new text begin Agency Lobbyists.new text end new text begin No portion of this new text end
4.24
new text begin appropriation may be used to pay the salary new text end
4.25
new text begin or fee of a person retained to serve as the new text end
4.26
new text begin board's legislative liaison or lobbyist.new text end
4.27
Sec. 10. new text begin PUBLIC SAFETYnew text end
4.28
new text begin Subdivision 1.new text end new text begin Total Appropriationnew text end
new text begin $new text end
new text begin 160,529,000new text end
new text begin $new text end
new text begin 160,892,000new text end
4.29
new text begin Appropriations by Fundnew text end
4.30
new text begin 2010new text end
new text begin 2011new text end
5.1
new text begin Generalnew text end
new text begin 82,439,000new text end
new text begin 79,039,000new text end
5.2
new text begin Special Revenuenew text end
new text begin 9,507,000new text end
new text begin 9,507,000new text end
5.3
5.4
new text begin State Government new text end
new text begin Special Revenuenew text end
new text begin 66,573,000new text end
new text begin 70,336,000new text end
5.5
new text begin Environmentalnew text end
new text begin 69,000new text end
new text begin 69,000new text end
5.6
new text begin Trunk Highwaynew text end
new text begin 1,941,000new text end
new text begin 1,941,000new text end
5.7
new text begin The amounts that may be spent for each new text end
5.8
new text begin purpose are specified in the following new text end
5.9
new text begin subdivisions.new text end
5.10
new text begin (a) new text end new text begin Agency Lobbyists.new text end new text begin No portion of this new text end
5.11
new text begin appropriation may be used to pay the salary new text end
5.12
new text begin or fee of a person retained to serve as the new text end
5.13
new text begin agency's legislative liaison or lobbyist.new text end
5.14
new text begin (b) new text end new text begin Employees of the Governor.new text end new text begin Any new text end
5.15
new text begin personnel costs attributable to the Office new text end
5.16
new text begin of the Governor must be accounted for new text end
5.17
new text begin through an appropriation to the Office of new text end
5.18
new text begin the Governor. The commissioner may not new text end
5.19
new text begin enter into agreements with the Office of the new text end
5.20
new text begin Governor under which personnel costs in new text end
5.21
new text begin the office of the governor are supported by new text end
5.22
new text begin appropriations to the agency.new text end
5.23
new text begin (c) new text end new text begin Car Fleet.new text end new text begin By January 1, 2010, the new text end
5.24
new text begin commissioner must reduce the department's new text end
5.25
new text begin fleet of cars in the seven-county metropolitan new text end
5.26
new text begin area by 20 percent. This paragraph shall not new text end
5.27
new text begin apply to State Patrol vehicles purchased or new text end
5.28
new text begin maintained using trunk highway funds.new text end
5.29
new text begin Subd. 2.new text end new text begin Emergency Managementnew text end
new text begin 2,583,000new text end
new text begin 2,583,000new text end
5.30
new text begin Appropriations by Fundnew text end
5.31
new text begin Generalnew text end
new text begin 1,910,000new text end
new text begin 1,910,000new text end
5.32
new text begin Special Revenuenew text end
new text begin 604,000new text end
new text begin 604,000new text end
5.33
new text begin Environmentalnew text end
new text begin 69,000new text end
new text begin 69,000new text end
5.34
new text begin Hazmat and Chemical Assessment Teams.new text end new text begin new text end
5.35
new text begin $604,000 each year is appropriated from the new text end
5.36
new text begin fire safety account in the special revenue new text end
6.1
new text begin fund. These amounts must be used to new text end
6.2
new text begin fund the hazardous materials and chemical new text end
6.3
new text begin assessment teams.new text end
6.4
new text begin Subd. 3.new text end new text begin Criminal Apprehensionnew text end
new text begin 43,763,000new text end
new text begin 42,063,000new text end
6.5
new text begin Appropriations by Fundnew text end
6.6
new text begin Generalnew text end
new text begin 41,815,000new text end
new text begin 40,115,000new text end
6.7
6.8
new text begin State Government new text end
new text begin Special Revenuenew text end
new text begin 7,000new text end
new text begin 7,000new text end
6.9
new text begin Trunk Highwaynew text end
new text begin 1,941,000new text end
new text begin 1,941,000new text end
6.10
new text begin (a) new text end new text begin Forensic Scientists.new text end new text begin When formulating new text end
6.11
new text begin the budget and the need for additional new text end
6.12
new text begin scientists for the state's crime labs, the new text end
6.13
new text begin commissioner, in consultation with the new text end
6.14
new text begin superintendent of the Bureau of Criminal new text end
6.15
new text begin Apprehension, must consider the number new text end
6.16
new text begin and capacity of scientists employed in labs new text end
6.17
new text begin operated by local units of government.new text end
6.18
new text begin (b) new text end new text begin DWI Lab Analysis; Trunk Highway new text end
6.19
new text begin Fund.new text end new text begin Notwithstanding Minnesota Statutes, new text end
6.20
new text begin section new text end
new text begin 161.20, subdivision 3new text end new text begin , $1,941,000 new text end
6.21
new text begin each year is appropriated from the trunk new text end
6.22
new text begin highway fund for laboratory analysis related new text end
6.23
new text begin to driving while impaired cases.new text end
6.24
new text begin (c) new text end new text begin Domestic Terrorism Investigations.new text end new text begin new text end
6.25
new text begin The superintendent of the bureau of new text end
6.26
new text begin criminal apprehension may not initiate an new text end
6.27
new text begin investigation of a citizen of the state based new text end
6.28
new text begin solely on information contained in the United new text end
6.29
new text begin States Department of Homeland Security's new text end
6.30
new text begin threat assessment of domestic terrorism new text end
6.31
new text begin dated April 7, 2009.new text end
6.32
new text begin Subd. 4.new text end new text begin Fire Marshalnew text end
new text begin 8,000,000new text end
new text begin 8,000,000new text end
6.33
new text begin This appropriation is from the fire safety new text end
6.34
new text begin account in the special revenue fund.new text end
7.1
new text begin Of this amount, $5,732,000 each year is for new text end
7.2
new text begin activities under Minnesota Statutes, section new text end
7.3
new text begin 299F.012, and $2,268,000 each year is for new text end
7.4
new text begin transfer to the general fund under Minnesota new text end
7.5
new text begin Statutes, section 297I.06, subdivision 3.new text end
7.6
new text begin Subd. 5.new text end new text begin Alcohol and Gambling Enforcementnew text end
new text begin 2,538,000new text end
new text begin 2,538,000new text end
7.7
new text begin Appropriations by Fundnew text end
7.8
new text begin Generalnew text end
new text begin 1,635,000new text end
new text begin 1,635,000new text end
7.9
new text begin Special Revenuenew text end
new text begin 903,000new text end
new text begin 903,000new text end
7.10
new text begin This appropriation is from the alcohol new text end
7.11
new text begin enforcement account in the special revenue new text end
7.12
new text begin fund. Of this appropriation, $750,000 each new text end
7.13
new text begin year shall be transferred to the general fund. new text end
7.14
new text begin The transfer amount for fiscal year 2012 and new text end
7.15
new text begin fiscal year 2013 shall be $500,000 per year.new text end
7.16
new text begin Subd. 6.new text end new text begin Office of Justice Programsnew text end
new text begin 37,175,000new text end
new text begin 35,475,000new text end
7.17
new text begin Appropriations by Fundnew text end
7.18
new text begin Generalnew text end
new text begin 37,079,000new text end
new text begin 35,379,000new text end
7.19
7.20
new text begin State Government new text end
new text begin Special Revenuenew text end
new text begin 96,000new text end
new text begin 96,000new text end
7.21
new text begin (a) new text end new text begin Federal Stimulus Funds; Report.new text end new text begin new text end
7.22
new text begin By June 1, 2009, the Office of Justice new text end
7.23
new text begin Programs shall submit to the chairs and new text end
7.24
new text begin ranking minority members of the house new text end
7.25
new text begin of representatives and senate committees new text end
7.26
new text begin with jurisdiction over public safety policy new text end
7.27
new text begin and finance a detailed plan outlining the new text end
7.28
new text begin competitive grant process to be used to new text end
7.29
new text begin administer the federal stimulus funds. The new text end
7.30
new text begin plan must describe: (1) the administrative new text end
7.31
new text begin process in accepting and reviewing new text end
7.32
new text begin applications, (2) the criteria used in new text end
7.33
new text begin awarding grants, and (3) program reporting new text end
7.34
new text begin requirements.new text end
8.1
new text begin The Office of Justice Programs must consider new text end
8.2
new text begin awarding grants for federal stimulus funds new text end
8.3
new text begin for the following activities and programs:new text end
8.4
new text begin (i) trafficking victim programs, including new text end
8.5
new text begin legal advocacy clinics, training programs, new text end
8.6
new text begin public awareness initiatives, and victim new text end
8.7
new text begin services hotlines;new text end
8.8
new text begin (ii) nonprofit organizations dedicated new text end
8.9
new text begin to providing immediate and long-term new text end
8.10
new text begin emotional support and practical help for new text end
8.11
new text begin families and friends of persons who have new text end
8.12
new text begin died traumatically;new text end
8.13
new text begin (iii) organizations that provide mentoring new text end
8.14
new text begin grants for children of incarcerated parents;new text end
8.15
new text begin (iv) youth intervention programs, as defined new text end
8.16
new text begin under Minnesota Statutes, section 299A.73, new text end
8.17
new text begin with an emphasis on those programs that new text end
8.18
new text begin provide early intervention youth services to new text end
8.19
new text begin children in their communities;new text end
8.20
new text begin (v) programs that seek to develop and new text end
8.21
new text begin increase juvenile detention alternatives;new text end
8.22
new text begin (vi) re-entry programs for offenders;new text end
8.23
new text begin (vii) restorative justice programs, as defined new text end
8.24
new text begin in Minnesota Statutes, section 611A.775, new text end
8.25
new text begin except that a program that receives federal new text end
8.26
new text begin funds shall not use the funds for cases new text end
8.27
new text begin involving domestic assault; andnew text end
8.28
new text begin (viii) judicial branch efficiency programs, new text end
8.29
new text begin including e-citation and fine management new text end
8.30
new text begin and collection program improvements.new text end
8.31
new text begin By October 1, 2009, the Office of Justice new text end
8.32
new text begin Programs must submit to the chairs and new text end
8.33
new text begin ranking minority members of the house of new text end
8.34
new text begin representatives and senate committees with new text end
9.1
new text begin jurisdiction over public safety policy and new text end
9.2
new text begin finance a list of all the grants awarded by new text end
9.3
new text begin the Office of Justice Programs using federal new text end
9.4
new text begin stimulus funds, including the name of the new text end
9.5
new text begin grantee, the amount awarded, the funded new text end
9.6
new text begin activities or programs, and the length of the new text end
9.7
new text begin grant.new text end
9.8
new text begin For purposes of this section, "federal new text end
9.9
new text begin stimulus funds" means funding provided to new text end
9.10
new text begin the state under the American Recovery and new text end
9.11
new text begin Reinvestment Act of 2009.new text end
9.12
new text begin (b) new text end new text begin Crime Victim and Youth Intervention new text end
9.13
new text begin Programs.new text end new text begin For the biennium ending June new text end
9.14
new text begin 30, 2011, funding for the following programs new text end
9.15
new text begin must not be reduced by more than three new text end
9.16
new text begin percent from the level of state funding new text end
9.17
new text begin provided for the biennium ending June new text end
9.18
new text begin 30, 2009: (1) crime victim reparations; new text end
9.19
new text begin (2) battered women's shelters; (3) general new text end
9.20
new text begin crime victim programs; (4) sexual assault new text end
9.21
new text begin victim programs; and (5) youth intervention new text end
9.22
new text begin programs.new text end
9.23
new text begin Subd. 7.new text end new text begin Emergency Communication Networksnew text end
new text begin 66,470,000new text end
new text begin 70,233,000new text end
9.24
new text begin This appropriation is from the state new text end
9.25
new text begin government special revenue fund for 911 new text end
9.26
new text begin emergency telecommunications services.new text end
9.27
new text begin (a) new text end new text begin Public Safety Answering Points.new text end new text begin new text end
9.28
new text begin $13,664,000 each year is to be distributed new text end
9.29
new text begin as provided in Minnesota Statutes, section new text end
9.30
new text begin 403.113, subdivision 2.new text end
9.31
new text begin (b)new text end new text begin Medical Resource Communication new text end
9.32
new text begin Centers.new text end new text begin $683,000 each year is for grants new text end
9.33
new text begin to the Minnesota Emergency Medical new text end
9.34
new text begin Services Regulatory Board for the Metro new text end
9.35
new text begin East and Metro West Medical Resource new text end
10.1
new text begin Communication Centers that were in new text end
10.2
new text begin operation before January 1, 2000.new text end
10.3
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
10.4
new text begin first year and $23,261,000 the second year new text end
10.5
new text begin are to the commissioner of finance to pay new text end
10.6
new text begin debt service on revenue bonds issued under new text end
10.7
new text begin Minnesota Statutes, section 403.275.new text end
10.8
new text begin Any portion of this appropriation not needed new text end
10.9
new text begin to pay debt service in a fiscal year may be new text end
10.10
new text begin used by the commissioner of public safety to new text end
10.11
new text begin pay cash for any of the capital improvements new text end
10.12
new text begin for which bond proceeds were appropriated new text end
10.13
new text begin by Laws 2005, chapter 136, article 1, section new text end
10.14
new text begin 9, subdivision 8, or Laws 2007, chapter 54, new text end
10.15
new text begin article 1, section 10, subdivision 8.new text end
10.16
new text begin (d) new text end new text begin Metropolitan Council Debt Service.new text end new text begin new text end
10.17
new text begin $1,410,000 each year is to the commissioner new text end
10.18
new text begin of finance for payment to the Metropolitan new text end
10.19
new text begin Council for debt service on bonds issued new text end
10.20
new text begin under Minnesota Statutes, section 403.27.new text end
10.21
new text begin (e) new text end new text begin ARMER State Backbone Operating new text end
10.22
new text begin Costs.new text end new text begin $5,060,000 each year is to the new text end
10.23
new text begin commissioner of transportation for costs new text end
10.24
new text begin of maintaining and operating the statewide new text end
10.25
new text begin radio system backbone.new text end
10.26
new text begin (f) new text end new text begin ARMER Improvements.new text end new text begin $1,000,000 new text end
10.27
new text begin each year is for the Statewide Radio Board new text end
10.28
new text begin for costs of design, construction, maintenance new text end
10.29
new text begin of, and improvements to those elements new text end
10.30
new text begin of the statewide public safety radio and new text end
10.31
new text begin communication system that support mutual new text end
10.32
new text begin aid communications and emergency medical new text end
10.33
new text begin services or provide enhancement of public new text end
10.34
new text begin safety communication interoperability.new text end
11.1
new text begin (g) new text end new text begin Next Generation 911.new text end new text begin $3,431,000 in new text end
11.2
new text begin fiscal year 2010 and $6,490,000 in fiscal year new text end
11.3
new text begin 2011 is to replace the current system with the new text end
11.4
new text begin Next Generation Internet Protocol (IP) based new text end
11.5
new text begin network. The base level of funding for fiscal new text end
11.6
new text begin year 2012 shall be $2,965,000.new text end
11.7
new text begin (h) new text end new text begin Emergency Communication System.new text end new text begin new text end
11.8
new text begin $5,000,000 the first year is to be used by new text end
11.9
new text begin the commissioner for any purpose related new text end
11.10
new text begin to the effective operation of the emergency new text end
11.11
new text begin communication system in the state, including new text end
11.12
new text begin the cost of personnel who prepare for and new text end
11.13
new text begin respond to emergencies.new text end
11.14
11.15
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 4,162,000new text end
new text begin $new text end
new text begin 4,162,000new text end
11.16
new text begin (a)new text end new text begin Excess Amounts Transferred.new text end new text begin This new text end
11.17
new text begin appropriation is from the peace officer new text end
11.18
new text begin training account in the special revenue fund. new text end
11.19
new text begin Any new receipts credited to that account in new text end
11.20
new text begin the first year in excess of $4,162,000 must be new text end
11.21
new text begin transferred and credited to the general fund. new text end
11.22
new text begin Any new receipts credited to that account in new text end
11.23
new text begin the second year in excess of $4,162,000 must new text end
11.24
new text begin be transferred and credited to the general new text end
11.25
new text begin fund.new text end
11.26
new text begin (b) new text end new text begin Peace Officer Training new text end
11.27
new text begin Reimbursements.new text end new text begin $3,009,000 each new text end
11.28
new text begin year is for reimbursements to local new text end
11.29
new text begin governments for peace officer training costs.new text end
11.30
new text begin (c) new text end new text begin Agency Lobbyists.new text end new text begin No portion of this new text end
11.31
new text begin appropriation may be used to pay the salary new text end
11.32
new text begin or fee of a person retained to serve as the new text end
11.33
new text begin board's legislative liaison or lobbyist.new text end
11.34
Sec. 12. new text begin PRIVATE DETECTIVE BOARDnew text end
new text begin $new text end
new text begin 125,000new text end
new text begin $new text end
new text begin 125,000new text end
12.1
Sec. 13. new text begin HUMAN RIGHTSnew text end
new text begin $new text end
new text begin 3,534,000new text end
new text begin $new text end
new text begin 3,418,000new text end
12.2
new text begin The base budget for the Department of new text end
12.3
new text begin Human Rights shall be $3,368,000 in fiscal new text end
12.4
new text begin year 2012 and $3,368,000 in fiscal year 2013.new text end
12.5
Sec. 14. new text begin DEPARTMENT OF CORRECTIONSnew text end
12.6
new text begin Subdivision 1.new text end new text begin Total Appropriationnew text end
new text begin $new text end
new text begin 466,339,000new text end
new text begin $new text end
new text begin 466,759,000new text end
12.7
new text begin Appropriations by Fundnew text end
12.8
new text begin 2010new text end
new text begin 2011new text end
12.9
new text begin Generalnew text end
new text begin 446,449,000new text end
new text begin 446,869,000new text end
12.10
new text begin Special Revenuenew text end
new text begin 890,000new text end
new text begin 890,000new text end
12.11
new text begin Federalnew text end
new text begin 19,000,000new text end
new text begin 19,000,000new text end
12.12
new text begin The amounts that may be spent for each new text end
12.13
new text begin purpose are specified in the following new text end
12.14
new text begin subdivisions.new text end
12.15
new text begin (a) new text end new text begin Agency Lobbyists.new text end new text begin No portion of this new text end
12.16
new text begin appropriation may be used to pay the salary new text end
12.17
new text begin or fee of a person retained to serve as the new text end
12.18
new text begin agency's legislative liaison or lobbyist.new text end
12.19
new text begin (b) new text end new text begin Employees of the Governor.new text end new text begin Any new text end
12.20
new text begin personnel costs attributable to the Office new text end
12.21
new text begin of the Governor must be accounted for new text end
12.22
new text begin through an appropriation to the Office of new text end
12.23
new text begin the Governor. The commissioner may not new text end
12.24
new text begin enter into agreements with the Office of the new text end
12.25
new text begin Governor under which personnel costs in new text end
12.26
new text begin the Office of the Governor are supported by new text end
12.27
new text begin appropriations to the agency.new text end
12.28
new text begin (c) new text end new text begin Car Fleet.new text end new text begin By January 1, 2010, the new text end
12.29
new text begin commissioner must reduce the department's new text end
12.30
new text begin fleet of cars by 20 percent.new text end
12.31
new text begin Subd. 2.new text end new text begin Correctional Institutionsnew text end
new text begin 328,336,000new text end
new text begin 333,363,000new text end
12.32
new text begin Appropriations by Fundnew text end
12.33
new text begin Generalnew text end
new text begin 308,756,000new text end
new text begin 313,783,000new text end
13.1
new text begin Special Revenuenew text end
new text begin 580,000new text end
new text begin 580,000new text end
13.2
new text begin Federalnew text end
new text begin 19,000,000new text end
new text begin 19,000,000new text end
13.3
new text begin $19,000,000 each year is from the fiscal new text end
13.4
new text begin stabilization account in the American new text end
13.5
new text begin Recovery and Reinvestment Act of 2009. new text end
13.6
new text begin This is a onetime appropriation.new text end
13.7
new text begin The general fund base for this program shall new text end
13.8
new text begin be $331,546,000 in fiscal year 2012 and new text end
13.9
new text begin $336,085,000 in fiscal year 2013.new text end
13.10
new text begin (a) new text end new text begin Treatment Alternatives; Report.new text end new text begin By new text end
13.11
new text begin December 15, 2009, the commissioner new text end
13.12
new text begin must submit a report to the chairs and new text end
13.13
new text begin ranking minority members of the house of new text end
13.14
new text begin representatives and senate committees with new text end
13.15
new text begin jurisdiction over public safety policy and new text end
13.16
new text begin finance concerning alternative chemical new text end
13.17
new text begin dependency treatment opportunities. new text end
13.18
new text begin The report must identify alternatives new text end
13.19
new text begin that represent best practices in chemical new text end
13.20
new text begin dependency treatment of offenders. The new text end
13.21
new text begin report must contain suggestions for new text end
13.22
new text begin reducing the length of time between new text end
13.23
new text begin offender commitment to the custody of the new text end
13.24
new text begin commissioner and graduation from chemical new text end
13.25
new text begin dependency treatment. To the extent new text end
13.26
new text begin possible, the report shall identify options new text end
13.27
new text begin that will (1) reduce the cost of treatment; new text end
13.28
new text begin (2) expand the number of treatment beds; new text end
13.29
new text begin (3) improve treatment outcomes; and (4) new text end
13.30
new text begin lower the rate of substance abuse relapse and new text end
13.31
new text begin criminal recidivism.new text end
13.32
new text begin (b) new text end new text begin Challenge Incarceration; Maximum new text end
13.33
new text begin Occupancy.new text end new text begin The commissioner shall work to new text end
13.34
new text begin fill all available challenge incarceration beds new text end
13.35
new text begin for both male and female offenders. If the new text end
14.1
new text begin commissioner fails to fill at least 90 percent new text end
14.2
new text begin of the available challenge incarceration beds new text end
14.3
new text begin by December 1, 2009, the commissioner new text end
14.4
new text begin must submit a report to the chairs and new text end
14.5
new text begin ranking minority members of the house of new text end
14.6
new text begin representatives and senate committees with new text end
14.7
new text begin jurisdiction over public safety policy and new text end
14.8
new text begin finance by January 15, 2010, explaining what new text end
14.9
new text begin steps the commissioner has taken to fill the new text end
14.10
new text begin beds and why those steps failed to reach the new text end
14.11
new text begin goal established by the legislature.new text end
14.12
new text begin (c) new text end new text begin Performance Measures; Per Diem new text end
14.13
new text begin Reduction; Report to the Legislature.new text end new text begin The new text end
14.14
new text begin commissioner of corrections must reduce the new text end
14.15
new text begin fiscal year 2008 average adult facility per new text end
14.16
new text begin diem of $89.77 by one percent. The base new text end
14.17
new text begin is cut by $2,850,000 in the first year and new text end
14.18
new text begin $2,850,000 in the second year to reflect a new text end
14.19
new text begin one percent reduction in the projected adult new text end
14.20
new text begin facility per diem.new text end
14.21
new text begin In reducing the projected adult facility per new text end
14.22
new text begin diem, the commissioner must consider the new text end
14.23
new text begin following:new text end
14.24
new text begin (1) cooperating with the state of Wisconsin new text end
14.25
new text begin to obtain economies of scale;new text end
14.26
new text begin (2) increasing the bed capacity of the new text end
14.27
new text begin challenge incarceration program;new text end
14.28
new text begin (3) increasing the number of nonviolent drug new text end
14.29
new text begin offenders who are granted conditional release new text end
14.30
new text begin under Minnesota Statutes, section 244.055;new text end
14.31
new text begin (4) increasing the use of compassionate new text end
14.32
new text begin release or less costly detention alternatives new text end
14.33
new text begin for elderly and infirm offenders;new text end
15.1
new text begin (5) implementing corrections best practices; new text end
15.2
new text begin andnew text end
15.3
new text begin (6) implementing cost-saving measures used new text end
15.4
new text begin by other states and the federal government.new text end
15.5
new text begin The commissioner must not eliminate new text end
15.6
new text begin correctional officer positions or implement new text end
15.7
new text begin any other measure that will jeopardize public new text end
15.8
new text begin safety to achieve the mandated cost savings. new text end
15.9
new text begin The commissioner also must not eliminate new text end
15.10
new text begin treatment beds to achieve the mandated cost new text end
15.11
new text begin savings.new text end
15.12
new text begin If the commissioner fails to reduce the per new text end
15.13
new text begin diem by one percent, the commissioner must:new text end
15.14
new text begin (i) reduce the funding for operations support new text end
15.15
new text begin by the amount of unrealized savings; andnew text end
15.16
new text begin (ii) submit a report by February 15, new text end
15.17
new text begin 2010, to the chairs and ranking minority new text end
15.18
new text begin members of the house of representatives new text end
15.19
new text begin and senate committees with jurisdiction new text end
15.20
new text begin over public safety policy and finance that new text end
15.21
new text begin contains descriptions of what efforts the new text end
15.22
new text begin commissioner made to reduce the per diem, new text end
15.23
new text begin explanations for why those steps failed to new text end
15.24
new text begin reduce the per diem by one percent, proposed new text end
15.25
new text begin legislative options that would assist the new text end
15.26
new text begin commissioner in reducing the adult facility new text end
15.27
new text begin per diem, and descriptions of the specific new text end
15.28
new text begin actions the commissioner took to reduce new text end
15.29
new text begin funding in operations support.new text end
15.30
new text begin If the commissioner reduces the per diem new text end
15.31
new text begin by more than one percent, the commissioner new text end
15.32
new text begin must use the savings to provide treatment to new text end
15.33
new text begin offenders.new text end
16.1
new text begin (d) new text end new text begin Drug Court Bed Savings.new text end new text begin The new text end
16.2
new text begin commissioner must consider the bed impact new text end
16.3
new text begin savings of drug courts in formulating its new text end
16.4
new text begin prison bed projections.new text end
16.5
new text begin Subd. 3.new text end new text begin Community Servicesnew text end
new text begin 115,044,000new text end
new text begin 111,837,000new text end
16.6
new text begin Appropriations by Fundnew text end
16.7
new text begin Generalnew text end
new text begin 114,944,000new text end
new text begin 111,737,000new text end
16.8
new text begin Special Revenuenew text end
new text begin 100,000new text end
new text begin 100,000new text end
16.9
new text begin (a) new text end new text begin Short-Term Offenders.new text end new text begin $1,607,000 in new text end
16.10
new text begin the first year is for costs associated with the new text end
16.11
new text begin housing and care of short-term offenders new text end
16.12
new text begin sentenced prior to June 30, 2009, and housed new text end
16.13
new text begin in local jails. The commissioner may use new text end
16.14
new text begin up to ten percent of the total amount of the new text end
16.15
new text begin appropriation for inpatient medical care new text end
16.16
new text begin for short-term offenders with less than six new text end
16.17
new text begin months to serve as affected by the changes new text end
16.18
new text begin made to Minnesota Statutes, section 609.105, new text end
16.19
new text begin by Laws 2003, First Special Session chapter new text end
16.20
new text begin 2, article 5, sections 7 to 9. All funds not new text end
16.21
new text begin expended for inpatient medical care shall be new text end
16.22
new text begin added to and distributed with the housing new text end
16.23
new text begin funds. These funds shall be distributed new text end
16.24
new text begin proportionately based on the total number of new text end
16.25
new text begin days short-term offenders are placed locally, new text end
16.26
new text begin not to exceed the fiscal year 2009 per diem. new text end
16.27
new text begin All funds remaining after reimbursements are new text end
16.28
new text begin made shall be transferred to the department's new text end
16.29
new text begin institution base budget to offset the costs new text end
16.30
new text begin of housing short-term offenders who are new text end
16.31
new text begin sentenced on or after July 1, 2009, and new text end
16.32
new text begin incarcerated in state correctional facilities. new text end
16.33
new text begin Short-term offenders sentenced before July new text end
16.34
new text begin 1, 2009, may be housed in a state correctional new text end
16.35
new text begin facility at the discretion of the commissioner.new text end
17.1
new text begin This does not preclude the commissioner new text end
17.2
new text begin from contracting with local jails to house new text end
17.3
new text begin offenders committed to the custody of the new text end
17.4
new text begin commissioner.new text end
17.5
new text begin The Department of Corrections is exempt new text end
17.6
new text begin from the state contracting process for the new text end
17.7
new text begin purposes of Minnesota Statutes, section new text end
17.8
new text begin 609.105, as amended by Laws 2003, First new text end
17.9
new text begin Special Session chapter 2, article 5, sections new text end
17.10
new text begin 7 to 9.new text end
17.11
new text begin (b) new text end new text begin Federal Grants.new text end new text begin The commissioner new text end
17.12
new text begin must apply for all available grants for federal new text end
17.13
new text begin funds under the American Recovery and new text end
17.14
new text begin Reinvestment Act of 2009 and the Second new text end
17.15
new text begin Chance Act that the department is eligible to new text end
17.16
new text begin receive to continue and expand re-entry and new text end
17.17
new text begin restorative justice programs.new text end
17.18
new text begin Subd. 4.new text end new text begin Operations Supportnew text end
new text begin 22,959,000new text end
new text begin 21,559,000new text end
17.19
new text begin Appropriations by Fundnew text end
17.20
new text begin Generalnew text end
new text begin 22,749,000new text end
new text begin 21,349,000new text end
17.21
new text begin Special Revenuenew text end
new text begin 210,000new text end
new text begin 210,000new text end
17.22
new text begin The general fund base for this program new text end
17.23
new text begin shall be $20,949,000 in fiscal year 2012 and new text end
17.24
new text begin $20,949,000 in fiscal year 2013.new text end
17.25
Sec. 15. new text begin SENTENCING GUIDELINESnew text end
new text begin $new text end
new text begin 591,000new text end
new text begin $new text end
new text begin 591,000new text end
17.26
ARTICLE 2
17.27
COURTS AND PUBLIC DEFENDERS
17.28 Section 1. Minnesota Statutes 2008, section 2.722, subdivision 4, is amended to read:
17.29 Subd. 4.
Determination of a judicial vacancy. (a) When a judge of the district
17.30court dies, resigns, retires, or is removed from office, the Supreme Court, in consultation
17.31with judges and attorneys in the affected district, shall determine within 90 days of
new text begin afternew text end
17.32receiving notice of a vacancy from the governor whether the vacant office is necessary
17.33for effective judicial administration or is necessary for adequate access to the courts.
18.1In determining whether the position is necessary for adequate access to the courts, the
18.2Supreme Court shall consider whether abolition or transfer of the position would result in
18.3a county having no chambered judge. The Supreme Court may continue the position, may
18.4order the position abolished, or may transfer the position to a judicial district where need
18.5for additional judges exists, designating the position as either a county, county/municipal
18.6or district court judgeship. The Supreme Court shall certify any vacancy to the governor,
18.7who shall fill it in the manner provided by law.
18.8(b) If a judge of district court fails to timely file an affidavit of candidacy and filing
18.9fee or petition in lieu of a fee, the official with whom the affidavits of candidacy are
18.10required to be filed shall notify the Supreme Court that the incumbent judge is not seeking
18.11reelection. Within five days of receipt of the notice, the Supreme Court shall determine
18.12whether the judicial position is necessary for effective judicial administration or adequate
18.13access to the courts and notify the official responsible for certifying the election results of
18.14its determination. In determining whether the position is necessary for adequate access to
18.15the courts, the Supreme Court shall consider whether abolition or transfer of the position
18.16would result in a county having no chambered judge. The Supreme Court may continue
18.17the position, may order the position abolished, or may transfer the position to a judicial
18.18district where the need for additional judgeships exists. If the position is abolished or
18.19transferred, the election may not be held. If the position is transferred, the court shall also
18.20notify the governor of the transfer. Upon transfer, the position is vacant and the governor
18.21shall fill it in the manner provided by law. An order abolishing or transferring a position is
18.22effective the first Monday in the next January.
18.23 Sec. 2. Minnesota Statutes 2008, section 2.722, subdivision 4a, is amended to read:
18.24 Subd. 4a.
Referee vacancy; conversion to judgeship. When a referee of the
18.25district court dies, resigns, retires, or is voluntarily removed from the position, the chief
18.26judge of the district shall notify the Supreme Court and may petition to request that the
18.27position be converted to a judgeship. The Supreme Court shall determine within 90
18.28days of the petition whether to order the position abolished or convert the position to a
18.29judgeship in the affected or another judicial district. The Supreme Court shall certify any
18.30judicial vacancy to the governor, who shall fill it in the manner provided by law. The
18.31conversion of a referee position to a judgeship under this subdivision shall not reduce the
18.32total number of judges and referees hearing cases in the family and juvenile courts.
18.33 Sec. 3. Minnesota Statutes 2008, section 2.724, subdivision 2, is amended to read:
19.1 Subd. 2.
Procedure. To promote and secure more efficient administration of justice,
19.2the chief justice of the Supreme Court of the state shall supervise and coordinate the work
19.3of the courts of the state. The Supreme Court may provide by rule that the chief justice not
19.4be required to write opinions as a member of the Supreme Court. Its rules may further
19.5provide for it to hear and consider cases in divisions. It may by rule assign temporarily
19.6any retired justice of the Supreme Court or one judge of the Court of Appeals or district
19.7court judge at a time to act as a justice of the Supreme Court or any number of justices
19.8or retired justices of the Supreme Court to act as judges of the Court of Appeals. Upon
19.9the assignment of a Court of Appeals judge or a district court judge to act as a justice of
19.10the Supreme Court, a judge previously acting as a justice may complete unfinished duties
19.11of that position. Any number of justices may disqualify themselves from hearing and
19.12considering a case, in which event the Supreme Court may assign temporarily a retired
19.13justice of the Supreme Court, a Court of Appeals judge, or a district court judge to hear
19.14and consider the case in place of each disqualified justice. A retired justice who is acting
19.15as a justice of the Supreme Court or judge of the Court of Appeals under this section shall
19.16receive, in addition to retirement pay, out of the general fund of the state, an amount to
19.17make the retired justice's total compensation equal to the same salary as a justice or judge
19.18of the court on which the justice is acting.
19.19
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
19.20 Sec. 4. Minnesota Statutes 2008, section 2.724, subdivision 3, is amended to read:
19.21 Subd. 3.
Retired justices and judges. (a) The chief justice of the Supreme Court
19.22may assign a retired justice of the Supreme Court to act as a justice of the Supreme Court
19.23pursuant to subdivision 2 or as a judge of any other court. The chief justice may assign a
19.24retired judge of any court to act as a judge of any court except the Supreme Court. The
19.25chief justice of the Supreme Court shall determine the pay and expenses to be received by
19.26a
new text begin justice ornew text end judge acting pursuant to this paragraph.
19.27(b) A judge who has been elected to office and who has retired as a judge in good
19.28standing and is not practicing law may also be appointed to serve as judge of any court
19.29except the Supreme Court. A retired judge acting under this paragraph will receive pay
19.30and expenses in the amount established by the Supreme Court.
19.31
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
19.32 Sec. 5. Minnesota Statutes 2008, section 86B.705, subdivision 2, is amended to read:
20.1 Subd. 2.
Fines and bail money. (a) All fines, installment payments, and forfeited
20.2bail money collected from persons convicted of violations of this chapter or rules adopted
20.3thereunder, or of a violation of section
169A.20 involving a motorboat, shall be paid to
20.4the county treasurer of the county where the violation occurred by the court administrator
20.5or other person collecting the money within 15 days after the last day of the month the
20.6money was collected
new text begin deposited in the state treasurynew text end .
20.7(b) One-half of the receipts shall be credited to the general revenue fund of the
20.8county. The other one-half of the receipts shall be transmitted by the county treasurer to
20.9the commissioner of natural resources to be deposited in the state treasury and credited to
20.10the water recreation account for the purpose of boat and water safety.
20.11
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
20.12 Sec. 6. Minnesota Statutes 2008, section 134A.09, subdivision 2a, is amended to read:
20.13 Subd. 2a.
Petty misdemeanor cases and criminal convictions; fee assessment. In
20.14Hennepin County and Ramsey County, the district court administrator or a designee may,
20.15upon the recommendation of the board of trustees and by standing order of the judges
20.16of the district court, include in the costs or disbursements assessed against a defendant
20.17convicted in the district court of the violation of a statute or municipal ordinance, a county
20.18law library fee. This fee may be collected in all petty misdemeanor cases and criminal
20.19prosecutions in which, upon conviction, the defendant may be subject to the payment of
20.20the costs or disbursements in addition to a fine or other penalty.
new text begin When a defendant is new text end
20.21
new text begin convicted of more than one offense in a case, the county law library fee shall be imposed new text end
20.22
new text begin only once in that case.new text end
20.23
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
20.24 Sec. 7. Minnesota Statutes 2008, section 134A.10, subdivision 3, is amended to read:
20.25 Subd. 3.
Petty misdemeanor cases and criminal convictions; fee assessment.
20.26The judge of district court may, upon the recommendation of the board of trustees and
20.27by standing order, include in the costs or disbursements assessed against a defendant
20.28convicted in the district court of the violation of any statute or municipal ordinance, in
20.29all petty misdemeanor cases and criminal prosecutions in which, upon conviction, the
20.30defendant may be subject to the payment of the costs or disbursements in addition to a fine
20.31or other penalty a county law library fee.
new text begin When a defendant is convicted of more than one new text end
20.32
new text begin offense in a case, the county law library fee shall be imposed only once in that case.new text end The
21.1item of costs or disbursements may not be assessed for any offense committed prior to the
21.2establishment of the county law library.
21.3
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
21.4 Sec. 8. Minnesota Statutes 2008, section 152.025, subdivision 1, is amended to read:
21.5 Subdivision 1.
Sale crimes. new text begin (a) new text end A person is guilty of controlled substance crime in
21.6the fifth degree
new text begin and if convicted may be sentenced to imprisonment for not more than five new text end
21.7
new text begin years or to payment of a fine of not more than $10,000, or bothnew text end if:
21.8(1) the person unlawfully sells one or more mixtures containing marijuana or
21.9tetrahydrocannabinols, except a small amount of marijuana for no remuneration; or
21.10(2) the person unlawfully sells one or more mixtures containing a controlled
21.11substance classified in schedule IV.
21.12
new text begin (b) If a person is guilty of controlled substance crime in the fifth degree and the new text end
21.13
new text begin conviction is a subsequent controlled substance conviction, the person convicted shall be new text end
21.14
new text begin committed to the commissioner of corrections or to a local correctional authority for new text end
21.15
new text begin not less than six months nor more than ten years and, in addition, may be sentenced to new text end
21.16
new text begin payment of a fine of not more than $20,000 if:new text end
21.17
new text begin (1) the person unlawfully sells one or more mixtures containing marijuana or new text end
21.18
new text begin tetrahydrocannabinols, except a small amount of marijuana for no remuneration; ornew text end
21.19
new text begin (2) the person unlawfully sells one or more mixtures containing a controlled new text end
21.20
new text begin substance classified in schedule IV.new text end
21.21
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
21.22 Sec. 9. Minnesota Statutes 2008, section 152.025, subdivision 2, is amended to read:
21.23 Subd. 2.
Possession and other crimes. new text begin (a) new text end A person is guilty of controlled
21.24substance crime in the fifth degree
new text begin and if convicted may be sentenced to imprisonment for new text end
21.25
new text begin not more than five years or to payment of a fine of not more than $10,000, or bothnew text end if:
21.26(1) the person unlawfully possesses one or more mixtures containing a controlled
21.27substance classified in schedule I, II, III, or IV, except a small amount of marijuana; or
21.28(2) the person procures, attempts to procure, possesses, or has control over a
21.29controlled substance by any of the following means:
21.30(i) fraud, deceit, misrepresentation, or subterfuge;
21.31(ii) using a false name or giving false credit; or
21.32(iii) falsely assuming the title of, or falsely representing any person to be, a
21.33manufacturer, wholesaler, pharmacist, physician, doctor of osteopathy licensed to practice
22.1medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of
22.2obtaining a controlled substance.
22.3
new text begin (b) If a person is guilty of controlled substance crime in the fifth degree and the new text end
22.4
new text begin conviction is a subsequent controlled substance conviction, the person convicted shall be new text end
22.5
new text begin committed to the commissioner of corrections or to a local correctional authority for new text end
22.6
new text begin not less than six months nor more than ten years and, in addition, may be sentenced to new text end
22.7
new text begin payment of a fine of not more than $20,000 if:new text end
22.8
new text begin (1) the person unlawfully possesses one or more mixtures containing a controlled new text end
22.9
new text begin substance classified in schedule I, II, III, or IV, except a small amount of marijuana; ornew text end
22.10
new text begin (2) the person procures, attempts to procure, possesses, or has control over a new text end
22.11
new text begin controlled substance by any of the following means:new text end
22.12
new text begin (i) fraud, deceit, misrepresentation, or subterfuge;new text end
22.13
new text begin (ii) using a false name or giving false credit; ornew text end
22.14
new text begin (iii) falsely assuming the title of, or falsely representing any person to be, a new text end
22.15
new text begin manufacturer, wholesaler, pharmacist, physician, doctor of osteopathy licensed to practice new text end
22.16
new text begin medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of new text end
22.17
new text begin obtaining a controlled substance.new text end
22.18
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
22.19 Sec. 10. Minnesota Statutes 2008, section 152.0262, subdivision 1, is amended to read:
22.20 Subdivision 1.
Possession of precursors. new text begin (a) new text end A person is guilty of a crime if the
22.21person possesses any chemical reagents or precursors with the intent to manufacture
22.22methamphetamine
new text begin and if convicted may be sentenced to imprisonment for not more than new text end
22.23
new text begin ten years or to payment of a fine of not more than $20,000, or bothnew text end .
22.24
new text begin (b) A person is guilty of a crime if the person possesses any chemical reagents or new text end
22.25
new text begin precursors with the intent to manufacture methamphetamine and may be sentenced to new text end
22.26
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
22.27
new text begin or both, if the conviction is for a subsequent controlled substance conviction.new text end
22.28 As used in this section and section
152.021, "chemical reagents or precursors"
22.29includes any of the following substances, or any similar substances that can be used to
22.30manufacture methamphetamine, or the salts, isomers, and salts of isomers of a listed or
22.31similar substance:
22.32(1) ephedrine;
22.33(2) pseudoephedrine;
22.34(3) phenyl-2-propanone;
22.35(4) phenylacetone;
23.1(5) anhydrous ammonia;
23.2(6) organic solvents;
23.3(7) hydrochloric acid;
23.4(8) lithium metal;
23.5(9) sodium metal;
23.6(10) ether;
23.7(11) sulfuric acid;
23.8(12) red phosphorus;
23.9(13) iodine;
23.10(14) sodium hydroxide;
23.11(15) benzaldehyde;
23.12(16) benzyl methyl ketone;
23.13(17) benzyl cyanide;
23.14(18) nitroethane;
23.15(19) methylamine;
23.16(20) phenylacetic acid;
23.17(21) hydriodic acid; or
23.18(22) hydriotic acid.
23.19
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
23.20 Sec. 11. Minnesota Statutes 2008, section 169A.20, subdivision 1, is amended to read:
23.21 Subdivision 1.
Driving while impaired crimenew text begin ; motor vehiclesnew text end . It is a crime for
23.22any person to drive, operate, or be in physical control of any motor vehicle
new text begin , as defined new text end
23.23
new text begin in section 169A.03, subdivision 15, except for motorboats in operation and off-road new text end
23.24
new text begin recreational vehicles,new text end within this state or on any boundary water of this state
new text begin whennew text end :
23.25(1) when the person is under the influence of alcohol;
23.26(2) when the person is under the influence of a controlled substance;
23.27(3) when the person is knowingly under the influence of a hazardous substance that
23.28affects the nervous system, brain, or muscles of the person so as to substantially impair
23.29the person's ability to drive or operate the motor vehicle;
23.30(4) when the person is under the influence of a combination of any two or more of
23.31the elements named in clauses (1), (2), and
new text begin tonew text end (3);
23.32(5) when the person's alcohol concentration at the time, or as measured within
23.33two hours of the time, of driving, operating, or being in physical control of the motor
23.34vehicle is 0.08 or more;
24.1(6) when the vehicle is a commercial motor vehicle and the person's alcohol
24.2concentration at the time, or as measured within two hours of the time, of driving,
24.3operating, or being in physical control of the commercial motor vehicle is 0.04 or more; or
24.4(7) when the person's body contains any amount of a controlled substance listed in
24.5schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.
24.6
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
24.7 Sec. 12. Minnesota Statutes 2008, section 169A.20, is amended by adding a
24.8subdivision to read:
24.9
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
24.10
new text begin for any person to operate or be in physical control of a motorboat in operation on any new text end
24.11
new text begin waters or boundary water of this state when:new text end
24.12
new text begin (1) the person is under the influence of alcohol;new text end
24.13
new text begin (2) the person is under the influence of a controlled substance;new text end
24.14
new text begin (3) the person is knowingly under the influence of a hazardous substance that affects new text end
24.15
new text begin the nervous system, brain, or muscles of the person so as to substantially impair the new text end
24.16
new text begin person's ability to drive or operate the motorboat;new text end
24.17
new text begin (4) the person is under the influence of a combination of any two or more of the new text end
24.18
new text begin elements named in clauses (1) to (3);new text end
24.19
new text begin (5) the person's alcohol concentration at the time, or as measured within two hours new text end
24.20
new text begin of the time, of driving, operating, or being in physical control of the motorboat is 0.08 or new text end
24.21
new text begin more; ornew text end
24.22
new text begin (6) the person's body contains any amount of a controlled substance listed in new text end
24.23
new text begin schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.new text end
24.24
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
24.25 Sec. 13. Minnesota Statutes 2008, section 169A.20, is amended by adding a
24.26subdivision to read:
24.27
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
24.28
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
24.29
new text begin section 84.81, subdivision 3, or all-terrain vehicle as defined in section 84.92, subdivision new text end
24.30
new text begin 8, anywhere in this state or on the ice of any boundary water of this state when:new text end
24.31
new text begin (1) the person is under the influence of alcohol;new text end
24.32
new text begin (2) the person is under the influence of a controlled substance;new text end
25.1
new text begin (3) the person is knowingly under the influence of a hazardous substance that affects new text end
25.2
new text begin the nervous system, brain, or muscles of the person so as to substantially impair the new text end
25.3
new text begin person's ability to drive or operate the snowmobile or all-terrain vehicle;new text end
25.4
new text begin (4) the person is under the influence of a combination of any two or more of the new text end
25.5
new text begin elements named in clauses (1) to (3);new text end
25.6
new text begin (5) the person's alcohol concentration at the time, or as measured within two hours new text end
25.7
new text begin of the time, of driving, operating, or being in physical control of the snowmobile or new text end
25.8
new text begin all-terrain vehicle is 0.08 or more; ornew text end
25.9
new text begin (6) the person's body contains any amount of a controlled substance listed in new text end
25.10
new text begin schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.new text end
25.11
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
25.12 Sec. 14. Minnesota Statutes 2008, section 169A.20, is amended by adding a
25.13subdivision to read:
25.14
new text begin Subd. 1c.new text end new text begin Driving while impaired crime; off-highway motorcycle and off-road new text end
25.15
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
25.16
new text begin motorcycle as defined in section 84.787, subdivision 7, or any off-road vehicle as defined new text end
25.17
new text begin in section 84.797, subdivision 7, anywhere in this state or on the ice of any boundary new text end
25.18
new text begin water of this state when:new text end
25.19
new text begin (1) the person is under the influence of alcohol;new text end
25.20
new text begin (2) the person is under the influence of a controlled substance;new text end
25.21
new text begin (3) the person is knowingly under the influence of a hazardous substance that affects new text end
25.22
new text begin the nervous system, brain, or muscles of the person so as to substantially impair the new text end
25.23
new text begin person's ability to drive or operate the off-highway motorcycle or off-road vehicle;new text end
25.24
new text begin (4) the person is under the influence of a combination of any two or more of the new text end
25.25
new text begin elements named in clauses (1) to (3);new text end
25.26
new text begin (5) the person's alcohol concentration at the time, or as measured within two hours of new text end
25.27
new text begin the time, of driving, operating, or being in physical control of the off-highway motorcycle new text end
25.28
new text begin or off-road vehicle is 0.08 or more; ornew text end
25.29
new text begin (6) the person's body contains any amount of a controlled substance listed in new text end
25.30
new text begin schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.new text end
25.31
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
25.32 Sec. 15. Minnesota Statutes 2008, section 169A.25, subdivision 1, is amended to read:
26.1 Subdivision 1.
Degree described. (a) A person who violates section
169A.20,
26.2subdivision 1
new text begin , 1a, 1b, or 1c new text end (driving while impaired crime), is guilty of second-degree
26.3driving while impaired if two or more aggravating factors were present when the violation
26.4was committed.
26.5 (b) A person who violates section
169A.20, subdivision 2 (refusal to submit to
26.6chemical test crime), is guilty of second-degree driving while impaired if one aggravating
26.7factor was present when the violation was committed.
26.8
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
26.9 Sec. 16. Minnesota Statutes 2008, section 169A.26, subdivision 1, is amended to read:
26.10 Subdivision 1.
Degree described. (a) A person who violates section
169A.20,
26.11subdivision 1
new text begin , 1a, 1b, or 1c new text end (driving while impaired crime), is guilty of third-degree driving
26.12while impaired if one aggravating factor was present when the violation was committed.
26.13 (b) A person who violates section
169A.20, subdivision 2 (refusal to submit to
26.14chemical test crime), is guilty of third-degree driving while impaired.
26.15
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
26.16 Sec. 17. Minnesota Statutes 2008, section 169A.27, subdivision 1, is amended to read:
26.17 Subdivision 1.
Degree described. A person who violates section
169A.20,
26.18subdivision 1new text begin , 1a, 1b, or 1c new text end
(driving while impaired crime), is guilty of fourth-degree
26.19driving while impaired.
26.20
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
26.21 Sec. 18. Minnesota Statutes 2008, section 169A.28, subdivision 2, is amended to read:
26.22 Subd. 2.
Permissive consecutive sentences; multiple offenses. (a) When a person
26.23is being sentenced for a violation of a provision listed in paragraph (e), the court may
26.24sentence the person to a consecutive term of imprisonment for a violation of any other
26.25provision listed in paragraph (e), notwithstanding the fact that the offenses arose out of the
26.26same course of conduct, subject to the limitation on consecutive sentences contained in
26.27section
609.15, subdivision 2, and except as provided in paragraphs (b) and (c).
26.28 (b) When a person is being sentenced for a violation of section
171.09 (violation
26.29of condition of restricted license),
171.20 (operation after revocation, suspension,
26.30cancellation, or disqualification),
171.24 (driving without valid license), or
171.30
26.31(violation of condition of limited license), the court may not impose a consecutive sentence
26.32for another violation of a provision in chapter 171 (drivers' licenses and training schools).
27.1 (c) When a person is being sentenced for a violation of section
169.791 (failure to
27.2provide proof of insurance) or
169.797 (failure to provide vehicle insurance), the court
27.3may not impose a consecutive sentence for another violation of a provision of sections
27.4169.79
to
169.7995.
27.5 (d) This subdivision does not limit the authority of the court to impose consecutive
27.6sentences for crimes arising on different dates or to impose a consecutive sentence when
27.7a person is being sentenced for a crime and is also in violation of the conditions of
27.8a stayed or otherwise deferred sentence under section
609.135 (stay of imposition or
27.9execution of sentence).
27.10 (e) This subdivision applies to misdemeanor and gross misdemeanor violations of
27.11the following if the offender has two or more prior impaired driving convictions within
27.12the past ten years:
27.13 (1) section
169A.20, subdivision 1new text begin , 1a, 1b, or 1c new text end (driving while impaired; impaired
27.14driving offenses);
27.15 (2) section
169A.20, subdivision 2 (driving while impaired; test refusal offense);
27.16 (3) section
169.791;
27.17 (4) section
169.797;
27.18 (5) section
171.09 (violation of condition of restricted license);
27.19 (6) section
171.20, subdivision 2 (operation after revocation, suspension,
27.20cancellation, or disqualification);
27.21 (7) section
171.24; and
27.22 (8) section
171.30.
27.23
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
27.24 Sec. 19. Minnesota Statutes 2008, section 169A.284, is amended to read:
27.25
169A.284 CHEMICAL DEPENDENCY ASSESSMENT CHARGE;
27.26
SURCHARGE.
27.27 Subdivision 1.
When required. (a) When a court sentences a person convicted
27.28of an offense enumerated in section
169A.70, subdivision 2 (chemical use assessment;
27.29requirement; form), it shall
new text begin order the person to pay the cost of the assessment directly new text end
27.30
new text begin to the entity conducting the assessment or providing the assessment services in an new text end
27.31
new text begin amount determined by the entity conducting or providing the service and shall new text end impose
27.32a chemical dependency assessment charge of $125
new text begin $25new text end .
new text begin The court may waive the $25 new text end
27.33
new text begin assessment charge, but may not waive the cost for the assessment paid directly to the new text end
27.34
new text begin entity conducting the assessment or providing assessment services.new text end A person shall pay
28.1an additional surcharge of $5 if the person is convicted of a violation of section
169A.20
28.2(driving while impaired) within five years of a prior impaired driving conviction or a prior
28.3conviction for an offense arising out of an arrest for a violation of section
169A.20 or
28.4Minnesota Statutes 1998, section
169.121 (driver under influence of alcohol or controlled
28.5substance) or
169.129 (aggravated DWI-related violations; penalty). This section applies
28.6when the sentence is executed, stayed, or suspended. The court may not waive payment
28.7or authorize payment of the assessment charge and surcharge in installments unless it
28.8makes written findings on the record that the convicted person is indigent or that the
28.9assessment charge and surcharge would create undue hardship for the convicted person or
28.10that person's immediate family.
28.11(b) The chemical dependency assessment charge and surcharge required under
28.12this section are in addition to the surcharge required by section
357.021, subdivision 6
28.13(surcharges on criminal and traffic offenders).
28.14 Subd. 2.
Distribution of money. The county
new text begin court administratornew text end shall collect and
28.15forward to the commissioner of finance $25 of the chemical dependency assessment
28.16charge and the $5 surcharge, if any, within 60 days after sentencing or explain to the
28.17commissioner in writing why the money was not forwarded within this time period. The
28.18commissioner shall credit the money
new text begin to the commissioner of finance to be deposited in the new text end
28.19
new text begin state treasury and creditednew text end to the general fund. The county shall collect and keep $100 of
28.20the chemical dependency assessment charge.
28.21
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
28.22 Sec. 20. Minnesota Statutes 2008, section 169A.46, subdivision 1, is amended to read:
28.23 Subdivision 1.
Impairment occurred after driving ceased. If proven by a
28.24preponderance of the evidence, it is an affirmative defense to a violation of section
28.25169A.20, subdivision 1
, clause (5)
new text begin ; 1a, clause (5); 1b, clause (5); or 1c, clause (5)new text end (driving
28.26while impaired, alcohol concentration within two hours of driving), or
169A.20 by a
28.27person having an alcohol concentration of 0.20 or more as measured at the time, or within
28.28two hours of the time, of the offense, that the defendant consumed a sufficient quantity
28.29of alcohol after the time of the violation and before the administration of the evidentiary
28.30test to cause the defendant's alcohol concentration to exceed the level specified in the
28.31applicable clause. Evidence that the defendant consumed alcohol after the time of the
28.32violation may not be admitted in defense to any alleged violation of section
169A.20,
28.33unless notice is given to the prosecution prior to the omnibus or pretrial hearing in the
28.34matter.
29.1
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
29.2 Sec. 21. Minnesota Statutes 2008, section 169A.54, subdivision 1, is amended to read:
29.3 Subdivision 1.
Revocation periods for DWI convictions. Except as provided in
29.4subdivision 7, the commissioner shall revoke the driver's license of a person convicted
29.5of violating section
169A.20 (driving while impaired) or an ordinance in conformity
29.6with it, as follows:
29.7 (1) for an offense under section
169A.20, subdivision 1 (driving while impaired
29.8crime): not less than 30 days;
29.9 (2) for an offense under section
169A.20, subdivision 2 (refusal to submit to
29.10chemical test crime): not less than 90 days;
29.11 (3) for an offense occurring within ten years of a qualified prior impaired driving
29.12incident:
29.13 (i) if the current conviction is for a violation of section
169A.20, subdivision
29.141
new text begin , 1a, 1b, or 1cnew text end , not less than 180 days and until the court has certified that treatment
29.15or rehabilitation has been successfully completed where prescribed in accordance with
29.16section
169A.70 (chemical use assessments); or
29.17 (ii) if the current conviction is for a violation of section
169A.20, subdivision 2, not
29.18less than one year and until the court has certified that treatment or rehabilitation has been
29.19successfully completed where prescribed in accordance with section
169A.70;
29.20 (4) for an offense occurring within ten years of the first of two qualified prior
29.21impaired driving incidents: not less than one year, together with denial under section
29.22171.04, subdivision 1
, clause (10), until rehabilitation is established in accordance with
29.23standards established by the commissioner; or
29.24 (5) for an offense occurring within ten years of the first of three or more qualified
29.25prior impaired driving incidents: not less than two years, together with denial under
29.26section
171.04, subdivision 1, clause (10), until rehabilitation is established in accordance
29.27with standards established by the commissioner.
29.28
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
29.29 Sec. 22. Minnesota Statutes 2008, section 299D.03, subdivision 5, is amended to read:
29.30 Subd. 5.
Traffic fines and forfeited bail money. (a) All fines and forfeited bail
29.31money, from traffic and motor vehicle law violations, collected from persons apprehended
29.32or arrested by officers of the State Patrol, shall be paid
new text begin transmittednew text end by the person or
29.33officer collecting the fines, forfeited bail money, or installments thereof, on or before the
29.34tenth day after the last day of the month in which these moneys were collected, to the
30.1county treasurer of the county where the violation occurred.
new text begin commissioner of finance. new text end
30.2
new text begin Except where a different disposition is required in this paragraph, paragraph (b), section new text end
30.3
new text begin 387.213, or otherwise provided by law,new text end three-eighths of these receipts shall be credited to
30.4the general revenue fund of the county, except that in a county in a judicial district under
30.5section
480.181, subdivision 1, paragraph (b), this three-eighths share must be transmitted
30.6to the commissioner of finance for deposit
new text begin depositednew text end in the state treasury and credited to
30.7the
new text begin statenew text end general fund. The other five-eighths of these receipts shall be transmitted by that
30.8officer to the commissioner of finance and must be
new text begin deposited in the state treasury andnew text end
30.9credited as follows: (1) the first $600,000 in each fiscal year must be credited to the
30.10Minnesota grade crossing safety account in the special revenue fund, and (2) remaining
30.11receipts must be credited to the
new text begin statenew text end trunk highway fund. If, however, the violation occurs
30.12within a municipality and the city attorney prosecutes the offense, and a plea of not guilty
30.13is entered, one-third of the receipts shall be
new text begin deposited in the state treasury andnew text end credited
30.14to the
new text begin state new text end general revenue fund of the county, one-third of the receipts shall be paid
30.15to the municipality prosecuting the offense, and one-third shall be transmitted to the
30.16commissioner of finance as provided in this subdivision.
new text begin deposited in the state treasury new text end
30.17
new text begin and credited to the Minnesota grade crossing safety account or the state trunk highway new text end
30.18
new text begin fund as provided in this paragraph. When section 387.213 also is applicable to the fine, new text end
30.19
new text begin section 387.213 shall be applied before this paragraph is applied.new text end All costs of participation
30.20in a nationwide police communication system chargeable to the state of Minnesota shall
30.21be paid from appropriations for that purpose.
30.22(b) Notwithstanding any other provisions of law, all fines and forfeited bail money
30.23from violations of statutes governing the maximum weight of motor vehicles, collected
30.24from persons apprehended or arrested by employees of the state of Minnesota, by means
30.25of stationary or portable scales operated by these employees, shall be paid
new text begin transmittednew text end by
30.26the person or officer collecting the fines or forfeited bail money, on or before the tenth day
30.27after the last day of the month in which the collections were made, to the county treasurer
30.28of the county where the violation occurred
new text begin commissioner of financenew text end . Five-eighths of these
30.29receipts shall be transmitted by that officer to the commissioner of finance and shall be
new text begin new text end
30.30
new text begin deposited in the state treasury andnew text end credited to the
new text begin state new text end highway user tax distribution fund.
30.31Three-eighths of these receipts shall be
new text begin deposited in the state treasury and new text end credited to the
30.32
new text begin state new text end general revenue fund of the county, except that in a county in a judicial district
30.33under section
480.181, subdivision 1, paragraph (b), this three-eighths share must be
30.34transmitted to the commissioner of finance for deposit in the state treasury and credited
30.35to the general fund.
30.36
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
31.1 Sec. 23. Minnesota Statutes 2008, section 357.021, subdivision 2, is amended to read:
31.2 Subd. 2.
Fee amounts. The fees to be charged and collected by the court
31.3administrator shall be as follows:
31.4(1) In every civil action or proceeding in said court, including any case arising under
31.5the tax laws of the state that could be transferred or appealed to the Tax Court, the plaintiff,
31.6petitioner, or other moving party shall pay, when the first paper is filed for that party in said
31.7action, a fee of $240
new text begin $300new text end , except in marriage dissolution actions the fee is $270
new text begin $330new text end .
31.8The defendant or other adverse or intervening party, or any one or more of several
31.9defendants or other adverse or intervening parties appearing separately from the others,
31.10shall pay, when the first paper is filed for that party in said action, a fee of $240
new text begin $300new text end ,
31.11except in marriage dissolution actions the fee is $270
new text begin $330new text end .
31.12The party requesting a trial by jury shall pay $75
new text begin $100new text end .
31.13The fees above stated shall be the full trial fee chargeable to said parties irrespective
31.14of whether trial be to the court alone, to the court and jury, or disposed of without trial,
31.15and shall include the entry of judgment in the action, but does not include copies or
31.16certified copies of any papers so filed or proceedings under chapter 103E, except the
31.17provisions therein as to appeals.
31.18(2) Certified copy of any instrument from a civil or criminal proceeding, $10
new text begin $14new text end ,
31.19and $5
new text begin $8new text end for an uncertified copy.
31.20(3) Issuing a subpoena, $12
new text begin $16new text end for each name.
31.21(4) Filing a motion or response to a motion in civil, family, excluding child support,
31.22and guardianship cases, $55
new text begin $100new text end .
31.23(5) Issuing an execution and filing the return thereof; issuing a writ of attachment,
31.24injunction, habeas corpus, mandamus, quo warranto, certiorari, or other writs not
31.25specifically mentioned, $40
new text begin $55new text end .
31.26(6) Issuing a transcript of judgment, or for filing and docketing a transcript of
31.27judgment from another court, $30
new text begin $40new text end .
31.28(7) Filing and entering a satisfaction of judgment, partial satisfaction, or assignment
31.29of judgment, $5.
31.30(8) Certificate as to existence or nonexistence of judgments docketed, $5 for each
31.31name certified to.
31.32(9) Filing and indexing trade name; or recording basic science certificate;
31.33or recording certificate of physicians, osteopaths, chiropractors, veterinarians, or
31.34optometrists, $5.
31.35(10) For the filing of each partial, final, or annual account in all trusteeships, $40
new text begin $55new text end .
31.36(11) For the deposit of a will, $20
new text begin $27new text end .
32.1(12) For recording notary commission, $100, of which, notwithstanding subdivision
32.21a, paragraph (b), $80 must be forwarded to the commissioner of finance to be deposited
32.3in the state treasury and credited to the general fund.
32.4(13) Filing a motion or response to a motion for modification of child support,
32.5a fee of $55
new text begin $100new text end .
32.6(14) All other services required by law for which no fee is provided, such fee
32.7as compares favorably with those herein provided, or such as may be fixed by rule or
32.8order of the court.
32.9(15) In addition to any other filing fees under this chapter, a surcharge in the
32.10amount of $75 must be assessed in accordance with section
259.52, subdivision 14, for
32.11each adoption petition filed in district court to fund the fathers' adoption registry under
32.12section
259.52.
32.13The fees in clauses (3) and (5) need not be paid by a public authority or the party
32.14the public authority represents.
32.15
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
32.16 Sec. 24. Minnesota Statutes 2008, section 357.021, subdivision 6, is amended to read:
32.17 Subd. 6.
Surcharges on criminal and traffic offenders. (a) Except as provided
32.18in this paragraph, the court shall impose and the court administrator shall collect a $75
32.19surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor,
32.20or petty misdemeanor offense, other than a violation of a law or ordinance relating to
32.21vehicle parking, for which there shall be a $4
new text begin $5new text end surcharge.
new text begin When a defendant is convicted new text end
32.22
new text begin of more than one offense in a case, the surcharge shall be imposed only once in that new text end
32.23
new text begin case. new text end In the Second Judicial District, the court shall impose, and the court administrator
32.24shall collect, an additional $1 surcharge on every person convicted of any felony, gross
32.25misdemeanor, misdemeanor, or petty misdemeanor offense, including a violation of a law
32.26or ordinance relating to vehicle parking, if the Ramsey County Board of Commissioners
32.27authorizes the $1 surcharge. The surcharge shall be imposed whether or not the person is
32.28sentenced to imprisonment or the sentence is stayed. The surcharge shall not be imposed
32.29when a person is convicted of a petty misdemeanor for which no fine is imposed.
32.30 (b) If the court fails to impose a surcharge as required by this subdivision, the court
32.31administrator shall show the imposition of the surcharge, collect the surcharge, and
32.32correct the record.
32.33 (c) The court may not waive payment of the surcharge required under this
32.34subdivision. Upon a showing of indigency or undue hardship upon the convicted person
33.1or the convicted person's immediate family, the sentencing court may authorize payment
33.2of the surcharge in installments.
33.3 (d) The court administrator or other entity collecting a surcharge shall forward it
33.4to the commissioner of finance.
33.5 (e) If the convicted person is sentenced to imprisonment and has not paid the
33.6surcharge before the term of imprisonment begins, the chief executive officer of the
33.7correctional facility in which the convicted person is incarcerated shall collect the
33.8surcharge from any earnings the inmate accrues from work performed in the facility
33.9or while on conditional release. The chief executive officer shall forward the amount
33.10collected to the commissioner of finance
new text begin court administrator or other entity collecting the new text end
33.11
new text begin surcharge imposed by the courtnew text end .
33.12
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
33.13 Sec. 25. Minnesota Statutes 2008, section 357.021, subdivision 7, is amended to read:
33.14 Subd. 7.
Disbursement of surcharges by commissioner of finance. (a) Except
33.15as provided in paragraphs (b), (c), and (d), the commissioner of finance shall disburse
33.16surcharges received under subdivision 6 and section
97A.065, subdivision 2, as follows:
33.17 (1) one percent shall be credited to the game and fish fund to provide peace officer
33.18training for employees of the Department of Natural Resources who are licensed under
33.19sections
626.84 to
626.863, and who possess peace officer authority for the purpose of
33.20enforcing game and fish laws;
33.21 (2) 39 percent shall be credited to the peace officers training account in the special
33.22revenue fund; and
33.23 (3) 60 percent shall be credited to the general fund.
33.24 (b) The commissioner of finance shall credit $3 of each surcharge received under
33.25subdivision 6 and section
97A.065, subdivision 2, to the general fund.
33.26 (c) In addition to any amounts credited under paragraph (a), the commissioner
33.27of finance shall credit $47 of each surcharge received under subdivision 6 and section
33.2897A.065, subdivision 2
, and the $4
new text begin $5new text end parking surcharge, to the general fund.
33.29 (d) If the Ramsey County Board of Commissioners authorizes imposition of
33.30the additional $1 surcharge provided for in subdivision 6, paragraph (a), the court
33.31administrator in the Second Judicial District shall transmit the surcharge to the
33.32commissioner of finance. The $1 special surcharge is deposited in a Ramsey County
33.33surcharge account in the special revenue fund and amounts in the account are appropriated
33.34to the trial courts for the administration of the petty misdemeanor diversion program
33.35operated by the Second Judicial District Ramsey County Violations Bureau.
34.1
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
34.2 Sec. 26. Minnesota Statutes 2008, section 357.022, is amended to read:
34.3
357.022 CONCILIATION COURT FEE.
34.4The court administrator in every county shall charge and collect a filing fee of $50
new text begin new text end
34.5
new text begin $65new text end from every plaintiff and from every defendant when the first paper for that party is
34.6filed in any conciliation court action. This section does not apply to conciliation court
34.7actions filed by the state. The court administrator shall transmit the fees monthly to the
34.8commissioner of finance for deposit in the state treasury and credit to the general fund.
34.9
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
34.10 Sec. 27. Minnesota Statutes 2008, section 357.08, is amended to read:
34.11
357.08 PAID BY APPELLANT IN APPEAL.
34.12There shall be paid to the clerk of the appellate courts by the appellant, or moving
34.13party or person requiring the service, in all cases of appeal, certiorari, habeas corpus,
34.14mandamus, injunction, prohibition, or other original proceeding, when initially filed with
34.15the clerk of the appellate courts, the sum of $500
new text begin $550new text end to the clerk of the appellate courts.
34.16An additional filing fee of $100 shall be required for a petition for accelerated review by
34.17the Supreme Court. A filing fee of $500
new text begin $550new text end shall be paid to the clerk of the appellate
34.18courts upon the filing of a petition for review from a decision of the Court of Appeals. A
34.19filing fee of $500
new text begin $550new text end shall be paid to the clerk of the appellate courts upon the filing
34.20of a petition for permission to appeal. A filing fee of $100 shall be paid to the clerk of
34.21the appellate courts upon the filing by a respondent of a notice of review. The clerk shall
34.22transmit the fees to the commissioner of finance for deposit in the state treasury and
34.23credit to the general fund.
34.24The clerk shall not file any paper, issue any writ or certificate, or perform any service
34.25enumerated herein, until the payment has been made for it. The clerk shall pay the sum
34.26into the state treasury as provided for by section
15A.01.
34.27The charges provided for shall not apply to disbarment proceedings, nor to an
34.28action or proceeding by the state taken solely in the public interest, where the state is the
34.29appellant or moving party, nor to copies of the opinions of the court furnished by the clerk
34.30to the parties before judgment, or furnished to the district judge whose decision is under
34.31review, or to such law library associations in counties having a population exceeding
34.3250,000, as the court may direct.
34.33
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
35.1 Sec. 28. Minnesota Statutes 2008, section 364.08, is amended to read:
35.2
364.08 PRACTICE OF LAW; EXCEPTION.
35.3This chapter shall not apply to the practice of law
new text begin or judicial branch employmentnew text end ;
35.4but nothing in this section shall be construed to preclude the Supreme Court, in its
35.5discretion, from adopting the policies set forth in this chapter.
35.6
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
35.7 Sec. 29. Minnesota Statutes 2008, section 375.14, is amended to read:
35.8
375.14 OFFICES AND SUPPLIES FURNISHED FOR COUNTY OFFICERS.
35.9The county board shall provide offices at the county seat for the auditor, treasurer,
35.10county recorder, sheriff, court administrator of the district court, and an office for the
35.11county engineer at a site determined by the county board, with suitable furniture and
35.12safes and vaults for the security and preservation of the books and papers of the offices,
35.13and provide heating, lighting, and maintenance of the offices. The board shall furnish
35.14all county officers with all books, stationery, letterheads, envelopes, postage, telephone
35.15service, office equipment, electronic technology, and supplies necessary to the discharge
35.16of their respective duties and make like provision for the judges of the district court
35.17as necessary to the discharge of their duties within the county or concerning matters
35.18arising in it. The board is not required to furnish any county officer with professional or
35.19technical books or instruments except when the board deems them directly necessary to
35.20the discharge of official duties as part of the permanent equipment of the office.
35.21
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
35.22 Sec. 30. Minnesota Statutes 2008, section 480.15, is amended by adding a subdivision
35.23to read:
35.24
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) new text end
35.25
new text begin Notwithstanding chapter 16D, the state court administrator under the direction of the new text end
35.26
new text begin Judicial Council may promulgate uniform collections policies and procedures for the new text end
35.27
new text begin courts and may contract with credit bureaus, public and private collection agencies, the new text end
35.28
new text begin Department of Revenue, and other public or private entities providing collection services new text end
35.29
new text begin as necessary for the collection of court debts. The court collection process and procedures new text end
35.30
new text begin are not subject to section 16A.1285 or chapter 16D.new text end
35.31
new text begin (b) Court debt means an amount owed to the state directly or through the judicial new text end
35.32
new text begin branch on account of a fee, duty, rent, service, overpayment, fine, assessment, surcharge, new text end
35.33
new text begin court cost, penalty, restitution, damages, interest, bail bond, forfeiture, reimbursement, new text end
36.1
new text begin liability owed, an assignment to the judicial branch, recovery of costs incurred by the new text end
36.2
new text begin judicial branch, or any other source of indebtedness to the judicial branch as well as new text end
36.3
new text begin amounts owed to other public or private entities for which the judicial branch acts in new text end
36.4
new text begin providing collection services, or any other amount owed to the judicial branch.new text end
36.5
new text begin (c) The courts must pay for the collection services of public or private collection new text end
36.6
new text begin entities as well as the cost of one or more court employees to provide collection interface new text end
36.7
new text begin services between the Department of Revenue, the courts, and one or more collection new text end
36.8
new text begin entities from the money collected. The portion of the money collected which must be paid new text end
36.9
new text begin to the collection entity as collection fees and costs and the portion of the money collected new text end
36.10
new text begin which must be paid to the courts or Department of Revenue for collection services are new text end
36.11
new text begin appropriated from the fund to which the collected money is due.new text end
36.12
new text begin (d) As determined by the state court administrator, collection costs shall be added to new text end
36.13
new text begin the debts referred to a public or private collection entity for collection.new text end
36.14
new text begin Collection costs shall include the fees of the collection entity, and may include, if new text end
36.15
new text begin separately provided, skip tracing fees, credit bureau reporting charges, fees assessed new text end
36.16
new text begin by any public entity for obtaining information necessary for debt collection, or other new text end
36.17
new text begin collection-related costs. Collection costs shall also include the costs of one or more court new text end
36.18
new text begin employees employed by the state court administrator to provide a collection interface new text end
36.19
new text begin between the collection entity, the Department of Revenue, and the courts.new text end
36.20
new text begin If the collection entity collects an amount less than the total due, the payment is new text end
36.21
new text begin applied proportionally to collection costs and the underlying debt. Collection costs in new text end
36.22
new text begin excess of collection agency fees and court employee collection interface costs must be new text end
36.23
new text begin deposited in the general fund as nondedicated receipts.new text end
36.24
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
36.25 Sec. 31. Minnesota Statutes 2008, section 484.85, is amended to read:
36.26
484.85 DISPOSITION OF FINES, FEES, AND OTHER MONEY;
36.27
ACCOUNTS; RAMSEY COUNTY DISTRICT COURT.
36.28(a) In the event the Ramsey County District Court takes jurisdiction of a prosecution
36.29for the violation of a statute or ordinance by the state or a governmental subdivision other
36.30than a city or town in Ramsey County, all fines, penalties, and forfeitures collected shall be
36.31paid over to the county treasurer except where a different disposition is provided by law,
36.32and the following fees shall be taxed to the state or governmental subdivision other than
36.33a city or town within Ramsey County which would be entitled to payment of the fines,
36.34forfeitures, or penalties in any case, and shall be paid to the administrator of the court for
37.1disposal of the matter. The administrator shall deduct the fees from any fine collected for
37.2the state of Minnesota or a governmental subdivision other than a city or town within
37.3Ramsey County and transmit the balance in accordance with the law, and the deduction of
37.4the total of the fees each month from the total of all the fines collected is hereby expressly
37.5made an appropriation of funds for payment of the fees:
37.6(1) in all cases where the defendant is brought into court and pleads guilty and is
37.7sentenced, or the matter is otherwise disposed of without a trial, $5;
37.8(2) in arraignments where the defendant waives a preliminary examination, $10;
37.9(3) in all other cases where the defendant stands trial or has a preliminary
37.10examination by the court, $15; and
37.11(4) the court shall have the authority to waive the collection of fees in any particular
37.12case.
37.13(b) On or before the last day of each month, the county treasurer shall pay over
37.14to the treasurer of the city of St. Paul two-thirds of all fines, penalties, and forfeitures
37.15collected and to the treasurer of each other municipality or subdivision of government in
37.16Ramsey County one-half of all fines or penalties collected during the previous month from
37.17those imposed for offenses committed within the treasurer's municipality or subdivision
37.18of government in violation of a statute; an ordinance; or a charter provision, rule, or
37.19regulation of a city. All other fines and forfeitures and all fees and costs collected by the
37.20district court shall be paid to the treasurer of Ramsey County, who shall dispense the
37.21same as provided by law.
37.22
new text begin (a) In all cases prosecuted in Ramsey County District Court by an attorney for a new text end
37.23
new text begin municipality or subdivision of government within Ramsey County for violation of a new text end
37.24
new text begin statute; an ordinance; or a charter provision, rule, or regulation of a city; all fines, penalties, new text end
37.25
new text begin and forfeitures collected by the court administrator shall be forwarded to the commissioner new text end
37.26
new text begin of finance and distributed according to this paragraph. Except where a different disposition new text end
37.27
new text begin is provided by section 299D.03, subdivision 5, or other law, on or before the last day of new text end
37.28
new text begin each month, the commissioner of finance shall pay over all fines, penalties, and forfeitures new text end
37.29
new text begin collected by the court administrator during the previous month as follows:new text end
37.30
new text begin (1) for offenses committed within the city of St. Paul, two-thirds paid to the new text end
37.31
new text begin treasurer of the city of St. Paul and one-third deposited in the state treasury and credited new text end
37.32
new text begin to the general fund; andnew text end
37.33
new text begin (2) for offenses committed within any other municipality or subdivision of new text end
37.34
new text begin government within Ramsey County, one-half to the treasurer of the municipality or new text end
37.35
new text begin subdivision of government and one-half deposited in the state treasury and credited to the new text end
37.36
new text begin general fund.new text end
38.1
new text begin All other fines, penalties, and forfeitures collected by the district court shall be new text end
38.2
new text begin forwarded to the commissioner of finance, who shall distribute them as provided by law.new text end
38.3
new text begin (b) Fines, penalties, and forfeitures shall be distributed as provided in paragraph new text end
38.4
new text begin (a) when:new text end
38.5
new text begin (1) a city contracts with the county attorney for prosecutorial services under section new text end
38.6
new text begin 484.87, subdivision 3; ornew text end
38.7
new text begin (2) the attorney general provides assistance to the city attorney under section 484.87, new text end
38.8
new text begin subdivision 5.new text end
38.9
new text begin (c) The court administrator shall provide the commissioner of finance with the name new text end
38.10
new text begin of the municipality or other subdivision of government where the offense was committed new text end
38.11
new text begin and the total amount of fines or penalties collected for each city, town, or other subdivision new text end
38.12
new text begin of government, for the county, or for the state.new text end
38.13
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
38.14 Sec. 32. Minnesota Statutes 2008, section 484.90, subdivision 6, is amended to read:
38.15 Subd. 6.
Allocation. The court administrator shall provide the county treasurer with
38.16the name of the municipality or other subdivision of government where the offense was
38.17committed which employed or provided by contract the arresting or apprehending officer
38.18and the name of the municipality or other subdivision of government which employed the
38.19prosecuting attorney or otherwise provided for prosecution of the offense for each fine or
38.20penalty and the total amount of fines or penalties collected for each municipality or other
38.21subdivision of government. On or before the last day of each month, the county treasurer
38.22shall pay over to the treasurer of each municipality or subdivision of government within
38.23the county all fines or penalties for parking violations for which complaints and warrants
38.24have not been issued and one-third of all fines or penalties collected during the previous
38.25month for offenses committed within the municipality or subdivision of government
38.26from persons arrested or issued citations by officers employed by the municipality or
38.27subdivision or provided by the municipality or subdivision by contract. An additional
38.28one-third of all fines or penalties shall be paid to the municipality or subdivision of
38.29government providing prosecution of offenses of the type for which the fine or penalty
38.30is collected occurring within the municipality or subdivision, imposed for violations of
38.31state statute or of an ordinance, charter provision, rule, or regulation of a city whether or
38.32not a guilty plea is entered or bail is forfeited. Except as provided in section
,
38.33subdivision 5, or as otherwise provided by law, all other fines and forfeitures and all fees
38.34and statutory court costs collected by the court administrator shall be paid to the county
38.35treasurer of the county in which the funds were collected who shall dispense them as
39.1provided by law. In a county in a judicial district under section
, subdivision 1,
39.2paragraph (b), all other fines, forfeitures, fees, and statutory court costs must be paid to
39.3the commissioner of finance for deposit in the state treasury and credited to the general
39.4fund.
new text begin (a) In all cases prosecuted in district court by an attorney for a municipality or new text end
39.5
new text begin other subdivision of government within the county for violations of state statute, or of new text end
39.6
new text begin an ordinance; or charter provision, rule, or regulation of a city; all fines, penalties, and new text end
39.7
new text begin forfeitures collected shall be forwarded to the commissioner of finance and distributed new text end
39.8
new text begin according to this paragraph. Except where a different disposition is provided by section new text end
39.9
new text begin 299D.03, subdivision 5, 484.841, 484.85, or other law, on or before the last day of each new text end
39.10
new text begin month, the commissioner of finance shall pay over all fines, penalties, and forfeitures new text end
39.11
new text begin collected by the court administrator during the previous month as follows:new text end
39.12
new text begin (1) 100 percent of all fines or penalties for parking violations for which complaints new text end
39.13
new text begin and warrants have not been issued to the treasurer of the city or town in which the offense new text end
39.14
new text begin was committed; andnew text end
39.15
new text begin (2) two-thirds of all other fines to the treasurer of the city or town in which the new text end
39.16
new text begin offense was committed and one-third deposited in the state treasury and credited to the new text end
39.17
new text begin general fund.new text end
39.18
new text begin All other fines, penalties, and forfeitures collected by the court administrator shall be new text end
39.19
new text begin forwarded to the commissioner of finance, who shall distribute them as provided by law.new text end
39.20
new text begin (b) Fines, penalties, and forfeitures shall be distributed as provided in paragraph new text end
39.21
new text begin (a) when:new text end
39.22
new text begin (1) a city contracts with the county attorney for prosecutorial services under section new text end
39.23
new text begin 484.87, subdivision 3;new text end
39.24
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
39.25
new text begin the county attorney under section 484.87; ornew text end
39.26
new text begin (3) the attorney general provides assistance to the county attorney as permitted new text end
39.27
new text begin by law.new text end
39.28
new text begin (c) The court administrator shall provide the commissioner of finance with the name new text end
39.29
new text begin of the city, town, or other subdivision of government where the offense was committed new text end
39.30
new text begin and the total amount of fines or penalties collected for each city, town, or other subdivision new text end
39.31
new text begin of government, for the county, or for the state.new text end
39.32
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
39.33 Sec. 33. Minnesota Statutes 2008, section 491A.02, subdivision 9, is amended to read:
39.34 Subd. 9.
Judgment debtor disclosure. Notwithstanding any contrary provision in
39.35rule 518 of the Conciliation Court Rules, unless the parties have otherwise agreed, if a
40.1conciliation court judgment or a judgment of district court on removal from conciliation
40.2court has been docketed in district court,
new text begin the judgment creditor's attorney as an officer of new text end
40.3
new text begin the court may or new text end the district court in the county in which the judgment originated shall,
40.4upon request of the judgment creditor, order the judgment debtor to mail to the judgment
40.5creditor information as to the nature, amount, identity, and locations of all the debtor's
40.6assets, liabilities, and personal earning. The information must be provided on a form
40.7prescribed by the Supreme Court, and the information shall be sufficiently detailed to
40.8enable the judgment creditor to obtain satisfaction of the judgment by way of execution on
40.9nonexempt assets and earnings of the judgment debtor. The order must contain a notice
40.10that failure to complete the form and mail it to the judgment creditor within ten days after
40.11service of the order may result in a citation for civil contempt of court. Cash bail posted as
40.12a result of being cited for civil contempt of court order under this section may be ordered
40.13payable to the creditor to satisfy the judgment, either partially or fully.
40.14
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
40.15 Sec. 34. Minnesota Statutes 2008, section 525.091, subdivision 1, is amended to read:
40.16 Subdivision 1.
Original documents. The court administrator of any county upon
40.17order of the judge exercising probate jurisdiction may destroy all the original documents
40.18in any probate proceeding of record in the office five years after the file in such proceeding
40.19has been closed provided the original or a Minnesota state archives commission approved
40.20photographic, photostatic, microphotographic, microfilmed, or similarly reproduced copy
40.21of the original of the following enumerated documents in the proceeding are on file in
40.22the office.
40.23Enumerated original documents:
40.24(a) In estates, the jurisdictional petition and proof of publication of the notice of
40.25hearing thereof; will and certificate of probate; letters; inventory and appraisal; orders
40.26directing and confirming sale, mortgage, lease, or for conveyance of real estate; order
40.27setting apart statutory selection; receipts for federal estate taxes and state estate taxes;
40.28orders of distribution and general protection; decrees of distribution; federal estate tax
40.29closing letter, consent to discharge by commissioner of revenue and order discharging
40.30representative; and any amendment of the listed documents.
40.31When an estate is deemed closed as provided in clause (d) of this subdivision, the
40.32enumerated documents shall include all claims of creditors.
40.33(b) In guardianships or conservatorships, the jurisdictional petition and order for
40.34hearing thereof with proof of service; letters; orders directing and confirming sale,
41.1mortgage, lease or for conveyance of real estate; order for restoration to capacity and order
41.2discharging guardian; and any amendment of the listed documents.
41.3(c) In mental, inebriety, and indigent matters, the jurisdictional petition; report of
41.4examination; warrant of commitment; notice of discharge from institution, or notice of
41.5death and order for restoration to capacity; and any amendment of the listed documents.
41.6(d) Except for the enumerated documents described in this subdivision, the court
41.7administrator may destroy all other original documents in any probate proceeding without
41.8retaining any reproduction of the document. For the purpose of this subdivision, a
41.9proceeding is deemed closed if no document has been filed in the proceeding for a period
41.10of 15 years, except in the cases of wills filed for safekeeping and those containing wills of
41.11decedents not adjudicated upon.
41.12
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
41.13 Sec. 35. Minnesota Statutes 2008, section 549.09, subdivision 1, is amended to read:
41.14 Subdivision 1.
When owed; rate. (a) When a judgment or award is for the recovery
41.15of money, including a judgment for the recovery of taxes, interest from the time of
41.16the verdict, award, or report until judgment is finally entered shall be computed by the
41.17court administrator or arbitrator as provided in paragraph (c) and added to the judgment
41.18or award.
41.19(b) Except as otherwise provided by contract or allowed by law, preverdict,
41.20preaward, or prereport interest on pecuniary damages shall be computed as provided
41.21in paragraph (c) from the time of the commencement of the action or a demand for
41.22arbitration, or the time of a written notice of claim, whichever occurs first, except as
41.23provided herein. The action must be commenced within two years of a written notice of
41.24claim for interest to begin to accrue from the time of the notice of claim. If either party
41.25serves a written offer of settlement, the other party may serve a written acceptance or a
41.26written counteroffer within 30 days. After that time, interest on the judgment or award
41.27shall be calculated by the judge or arbitrator in the following manner. The prevailing
41.28party shall receive interest on any judgment or award from the time of commencement
41.29of the action or a demand for arbitration, or the time of a written notice of claim, or as
41.30to special damages from the time when special damages were incurred, if later, until the
41.31time of verdict, award, or report only if the amount of its offer is closer to the judgment or
41.32award than the amount of the opposing party's offer. If the amount of the losing party's
41.33offer was closer to the judgment or award than the prevailing party's offer, the prevailing
41.34party shall receive interest only on the amount of the settlement offer or the judgment or
41.35award, whichever is less, and only from the time of commencement of the action or a
42.1demand for arbitration, or the time of a written notice of claim, or as to special damages
42.2from when the special damages were incurred, if later, until the time the settlement offer
42.3was made. Subsequent offers and counteroffers supersede the legal effect of earlier offers
42.4and counteroffers. For the purposes of clause (2), the amount of settlement offer must
42.5be allocated between past and future damages in the same proportion as determined by
42.6the trier of fact. Except as otherwise provided by contract or allowed by law, preverdict,
42.7preaward, or prereport interest shall not be awarded on the following:
42.8(1) judgments, awards, or benefits in workers' compensation cases, but not including
42.9third-party actions;
42.10(2) judgments or awards for future damages;
42.11(3) punitive damages, fines, or other damages that are noncompensatory in nature;
42.12(4) judgments or awards not in excess of the amount specified in section
491A.01;
42.13and
42.14(5) that portion of any verdict, award, or report which is founded upon interest, or
42.15costs, disbursements, attorney fees, or other similar items added by the court or arbitrator.
42.16(c)
new text begin (1) For a judgment or award of $50,000 or less,new text end the interest shall be computed as
42.17simple interest per annum. The rate of interest shall be based on the secondary market
42.18yield of one year United States Treasury bills, calculated on a bank discount basis as
42.19provided in this section.
42.20On or before the 20th day of December of each year the state court administrator
42.21shall determine the rate from the one-year constant maturity treasury yield for the most
42.22recent calendar month, reported on a monthly basis in the latest statistical release of the
42.23board of governors of the Federal Reserve System. This yield, rounded to the nearest one
42.24percent, or four percent, whichever is greater, shall be the annual interest rate during the
42.25succeeding calendar year. The state court administrator shall communicate the interest
42.26rates to the court administrators and sheriffs for use in computing the interest on verdicts
42.27and shall make the interest rates available to arbitrators.
42.28
new text begin (2) For a judgment or award over $50,000, the interest rate shall be ten percent new text end
42.29
new text begin per year.new text end
42.30
new text begin (3) new text end When a judgment creditor, or the judgment creditor's attorney or agent, has
42.31received a payment after entry of judgment, whether the payment is made voluntarily by
42.32or on behalf of the judgment debtor, or is collected by legal process other than execution
42.33levy where a proper return has been filed with the court administrator, the judgment
42.34creditor, or the judgment creditor's attorney, before applying to the court administrator
42.35for an execution shall file with the court administrator an affidavit of partial satisfaction.
42.36The affidavit must state the dates and amounts of payments made upon the judgment after
43.1the most recent affidavit of partial satisfaction filed, if any; the part of each payment that
43.2is applied to taxable disbursements and to accrued interest and to the unpaid principal
43.3balance of the judgment; and the accrued, but the unpaid interest owing, if any, after
43.4application of each payment.
43.5(d) This section does not apply to arbitrations between employers and employees
43.6under chapter 179 or 179A. An arbitrator is neither required to nor prohibited from
43.7awarding interest under chapter 179 or under section
179A.16 for essential employees.
43.8
new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2009, and applies to new text end
43.9
new text begin judgments and awards finally entered on or after that date.new text end
43.10 Sec. 36. Minnesota Statutes 2008, section 550.011, is amended to read:
43.11
550.011 JUDGMENT DEBTOR DISCLOSURE.
43.12Unless the parties have otherwise agreed, if a judgment has been docketed in
43.13district court for at least 30 days, and the judgment is not satisfied,
new text begin the judgment creditor's new text end
43.14
new text begin attorney as an officer of the court may or new text end the district court in the county in which the
43.15judgment originated shall, upon request of the judgment creditor, order the judgment
43.16debtor to mail by certified mail to the judgment creditor information as to the nature,
43.17amount, identity, and locations of all the debtor's assets, liabilities, and personal earnings.
43.18The information must be provided on a form prescribed by the Supreme Court, and
43.19the information shall be sufficiently detailed to enable the judgment creditor to obtain
43.20satisfaction of the judgment by way of execution on nonexempt assets and earnings of the
43.21judgment debtor. The order must contain a notice that failure to complete the form and
43.22mail it to the judgment creditor within ten days after service of the order may result in a
43.23citation for civil contempt of court. Cash bail posted as a result of being cited for civil
43.24contempt of court order under this section may be ordered payable to the creditor to
43.25satisfy the judgment, either partially or fully.
43.26
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
43.27 Sec. 37. Minnesota Statutes 2008, section 609.035, subdivision 2, is amended to read:
43.28 Subd. 2.
Consecutive sentences. (a) When a person is being sentenced for a
43.29violation of a provision listed in paragraph (e), the court may sentence the person to a
43.30consecutive term of imprisonment for a violation of any other provision listed in paragraph
43.31(e), notwithstanding the fact that the offenses arose out of the same course of conduct,
43.32subject to the limitation on consecutive sentences contained in section
609.15, subdivision
43.332
, and except as provided in paragraphs (b), (c), and (f) of this subdivision.
44.1 (b) When a person is being sentenced for a violation of section
171.09,
171.20,
44.2171.24
, or
171.30, the court may not impose a consecutive sentence for another violation
44.3of a provision in chapter 171.
44.4 (c) When a person is being sentenced for a violation of section
169.791 or
169.797,
44.5the court may not impose a consecutive sentence for another violation of a provision
44.6of sections
169.79 to
169.7995.
44.7 (d) This subdivision does not limit the authority of the court to impose consecutive
44.8sentences for crimes arising on different dates or to impose a consecutive sentence when a
44.9person is being sentenced for a crime and is also in violation of the conditions of a stayed
44.10or otherwise deferred sentence under section
609.135.
44.11 (e) This subdivision applies to misdemeanor and gross misdemeanor violations of
44.12the following if the offender has two or more prior impaired driving convictions as defined
44.13in section
169A.03 within the past ten years:
44.14 (1) section
169A.20, subdivision 1new text begin , 1a, 1b, or 1cnew text end , driving while impaired;
44.15 (2) section
169A.20, subdivision 2, test refusal;
44.16 (3) section
169.791, failure to provide proof of insurance;
44.17 (4) section
169.797, failure to provide vehicle insurance;
44.18 (5) section
171.09, violation of condition of restricted license;
44.19 (6) section
171.20, subdivision 2, operation after revocation, suspension,
44.20cancellation, or disqualification;
44.21 (7) section
171.24, driving without valid license; and
44.22 (8) section
171.30, violation of condition of limited license.
44.23 (f) When a court is sentencing an offender for a violation of section
169A.20 and a
44.24violation of an offense listed in paragraph (e), and the offender has five or more qualified
44.25prior impaired driving incidents, as defined in section
169A.03, within the past ten years,
44.26the court shall sentence the offender to serve consecutive sentences for the offenses,
44.27notwithstanding the fact that the offenses arose out of the same course of conduct.
44.28 Sec. 38. Minnesota Statutes 2008, section 609.10, subdivision 1, is amended to read:
44.29 Subdivision 1.
Sentences available. new text begin (a) new text end Upon conviction of a felony and compliance
44.30with the other provisions of this chapter the court, if it imposes sentence, may sentence
44.31the defendant to the extent authorized by law as follows:
44.32(1) to life imprisonment; or
44.33(2) to imprisonment for a fixed term of years set by the court; or
44.34(3) to both imprisonment for a fixed term of years and payment of a fine; or
45.1(4) to payment of a fine without imprisonment or to imprisonment for a fixed term of
45.2years if the fine is not paid
new text begin or as an intermediate sanction on a stayed sentencenew text end ; or
45.3(5) to payment of court-ordered restitution in addition to either imprisonment
45.4or payment of a fine, or both; or
45.5(6) to payment of a local correctional fee as authorized under section
609.102 in
45.6addition to any other sentence imposed by the court.
45.7
new text begin (b) If the court imposes a fine or orders restitution under paragraph (a), payment is new text end
45.8
new text begin due on the date imposed unless the court otherwise establishes a due date or a payment new text end
45.9
new text begin plan.new text end
45.10
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
45.11 Sec. 39. Minnesota Statutes 2008, section 609.101, subdivision 4, is amended to read:
45.12 Subd. 4.
Minimum fines; other crimes. Notwithstanding any other law:
45.13(1) when a court sentences a person convicted of a felony that is not listed in
45.14subdivision 2 or 3, it must impose a fine of not less than 30 percent of the maximum fine
45.15authorized by law nor more than the maximum fine authorized by law; and
45.16(2) when a court sentences a person convicted of a gross misdemeanor or
45.17misdemeanor that is not listed in subdivision 2, it must impose a fine of not less than
45.1830 percent of the maximum fine authorized by law nor more than the maximum fine
45.19authorized by law, unless the fine is set at a lower amount on a uniform fine schedule
45.20established by the Judicial Council in consultation with affected state and local agencies.
45.21This schedule shall be promulgated not later than September 1 of each year and shall
45.22become effective on January 1 of the next year unless the legislature, by law, provides
45.23otherwise
new text begin according to section 609.1315new text end .
45.24The minimum fine required by this subdivision is in addition to the surcharge or
45.25assessment required by section
357.021, subdivision 6, and is in addition to any sentence
45.26of imprisonment or restitution imposed or ordered by the court.
45.27The court shall collect the fines mandated in this subdivision and, except for fines for
45.28traffic and motor vehicle violations governed by section
and section
and
45.29fish and game violations governed by section
, forward 20 percent of the revenues
45.30to the commissioner of finance for deposit in the general fund.
45.31
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
45.32 Sec. 40.
new text begin [609.104] FINE AND SURCHARGE COLLECTION.new text end
46.1
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
46.2
new text begin surcharge, court cost, restitution, or fee that the defendant fails to pay by the due date may new text end
46.3
new text begin be referred for collection under section 480.15, subdivision 10c. If the defendant has new text end
46.4
new text begin agreed to a payment plan but fails to pay an installment when due, the entire amount new text end
46.5
new text begin remaining becomes due and payable and may be referred for collection under section new text end
46.6
new text begin 480.15, subdivision 10c.new text end
46.7
new text begin (b) The defendant may contest the referral for collection based on inability to pay by new text end
46.8
new text begin requesting a hearing no later than the due date. The defendant shall be notified in writing new text end
46.9
new text begin at sentencing that under section 480.15, subdivision 10c, the court may refer the case for new text end
46.10
new text begin collection for nonpayment, and collection costs may be added to the amount due. The new text end
46.11
new text begin defendant shall also be notified in writing of the right to contest a referral for collection. new text end
46.12
new text begin The state court administrator shall develop the notice language.new text end
46.13
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
46.14
new text begin court-ordered fines, surcharges, court costs, restitution, and fees shall survive after the due new text end
46.15
new text begin date for a period set by the Judicial Council.new text end
46.16
new text begin (b) Any change in the collection period established by the Judicial Council shall be new text end
46.17
new text begin effective on court-ordered fines, surcharges, court costs, restitution, and fees imposed on new text end
46.18
new text begin or after the effective date of this section.new text end
46.19
new text begin (c) The period relating to a defendant's obligation to pay restitution under paragraph new text end
46.20
new text begin (a) does not limit the victim's right to collect restitution through other means such as a new text end
46.21
new text begin civil judgment.new text end
46.22
new text begin (d) Nothing in this subdivision extends the period of a defendant's stay of sentence new text end
46.23
new text begin imposition or execution.new text end
46.24
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
46.25 Sec. 41. Minnesota Statutes 2008, section 609.125, subdivision 1, is amended to read:
46.26 Subdivision 1.
Sentences available. new text begin (a) new text end Upon conviction of a misdemeanor or gross
46.27misdemeanor the court, if sentence is imposed, may, to the extent authorized by law,
46.28sentence the defendant:
46.29(1) to imprisonment for a definite term; or
46.30(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
46.31
new text begin without imprisonment or as an intermediate sanction on a stayed sentencenew text end ; or
46.32(3) to both imprisonment for a definite term and payment of a fine; or
46.33(4) to payment of court-ordered restitution in addition to either imprisonment
46.34or payment of a fine, or both; or
47.1(5) to payment of a local correctional fee as authorized under section
609.102 in
47.2addition to any other sentence imposed by the court; or
47.3(6) to perform work service in a restorative justice program in addition to any other
47.4sentence imposed by the court.
47.5
new text begin (b) If the court imposes a fine or orders restitution under paragraph (a), payment is new text end
47.6
new text begin due on the date imposed unless the court otherwise establishes a due date or a payment new text end
47.7
new text begin plan.new text end
47.8
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
47.9 Sec. 42. Minnesota Statutes 2008, section 609.131, subdivision 3, is amended to read:
47.10 Subd. 3.
Use of conviction for enhancement. Notwithstanding any other law, a
47.11conviction for a violation that was originally charged as a misdemeanor and was treated
47.12as a petty misdemeanor under subdivision 1 or the Rules of Criminal Procedure
new text begin , or new text end
47.13
new text begin was treated as a petty misdemeanor by inclusion on the uniform fine schedule,new text end may not
47.14be used as the basis for charging a subsequent violation as a gross misdemeanor rather
47.15than a misdemeanor.
47.16
new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2009, and applies to new text end
47.17
new text begin violations committed on or after that date.new text end
47.18 Sec. 43.
new text begin [609.1315] UNIFORM FINE SCHEDULE.new text end
47.19
new text begin Subdivision 1.new text end new text begin Establishment and effective date.new text end new text begin The Judicial Council shall new text end
47.20
new text begin establish a uniform fine schedule in consultation with affected state and local agencies. new text end
47.21
new text begin The uniform fine schedule may include petty misdemeanor and misdemeanor offenses, but new text end
47.22
new text begin shall not include targeted misdemeanors as defined in section 299C.10. The uniform fine new text end
47.23
new text begin schedule shall set a fine that may be paid for each offense in lieu of a court appearance. new text end
47.24
new text begin The uniform fine schedule and any modifications shall be submitted to the legislature for new text end
47.25
new text begin approval by January 1 of each year and shall become effective on July 1 of that year unless new text end
47.26
new text begin the legislature, by law, provides otherwise. new text end
47.27
new text begin Subd. 2.new text end new text begin Effect on misdemeanor offenses.new text end new text begin Any misdemeanors included on the new text end
47.28
new text begin uniform fine schedule shall be treated as petty misdemeanors, unless on the third or new text end
47.29
new text begin subsequent offense the charge is brought by a formal complaint or, for offenses committed new text end
47.30
new text begin under chapter 169, the violation was committed in a manner or under circumstances so as new text end
47.31
new text begin to endanger or be likely to endanger any person or property. Nothing in this subdivision new text end
47.32
new text begin limits the authority of a peace officer to make an arrest for offenses included on the new text end
48.1
new text begin uniform fine schedule. Nothing in this section limits the operation of section 169.89, new text end
48.2
new text begin subdivision 1. This subdivision expires on July 1, 2011.new text end
48.3
new text begin Subd. 3.new text end new text begin Notice.new text end new text begin A defendant must be advised in writing that payment of the fine for new text end
48.4
new text begin an offense on the uniform fine schedule constitutes a plea of guilty, waiver of the right to new text end
48.5
new text begin trial, and waiver of the right to counsel.new text end
48.6
new text begin EFFECTIVE DATE.new text end new text begin Subdivision 2 is effective July 1, 2009, and applies to acts new text end
48.7
new text begin committed on or after that date.new text end
48.8 Sec. 44. Minnesota Statutes 2008, section 609.135, subdivision 1, is amended to read:
48.9 Subdivision 1.
Terms and conditions. (a) Except when a sentence of life
48.10imprisonment is required by law, or when a mandatory minimum sentence is required by
48.11section
609.11, any court may stay imposition or execution of sentence and:
48.12(1) may order intermediate sanctions without placing the defendant on probation; or
48.13(2) may place the defendant on probation with or without supervision and on the
48.14terms the court prescribes, including intermediate sanctions when practicable. The court
48.15may order the supervision to be under the probation officer of the court, or, if there is
48.16none and the conviction is for a felony or gross misdemeanor, by the commissioner of
48.17corrections, or in any case by some other suitable and consenting person. Unless the court
48.18directs otherwise, state parole and probation agents and probation officers may impose
48.19community work service or probation violation sanctions, consistent with section
243.05,
48.20subdivision 1
; sections
244.196 to
244.199; or
401.02, subdivision 5.
48.21No intermediate sanction may be ordered performed at a location that fails to
48.22observe applicable requirements or standards of chapter 181A or 182, or any rule
48.23promulgated under them.
48.24(b) For purposes of this subdivision, subdivision 6, and section
609.14, the term
48.25"intermediate sanctions" includes but is not limited to incarceration in a local jail or
48.26workhouse, home detention, electronic monitoring, intensive probation, sentencing to
48.27service, reporting to a day reporting center, chemical dependency or mental health
48.28treatment or counseling, restitution, fines, day-fines, community work service, work
48.29service in a restorative justice program, work in lieu of or to work off fines and, with the
48.30victim's consent, work in lieu of or to work off restitution.
48.31(c) A court may not stay the revocation of the driver's license of a person convicted
48.32of violating the provisions of section
169A.20.
48.33
new text begin (d) If the court orders a fine, day-fine, or restitution as an intermediate sanction, new text end
48.34
new text begin payment is due on the date imposed unless the court otherwise establishes a due date new text end
48.35
new text begin or a payment plan.new text end
49.1
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
49.2 Sec. 45. Minnesota Statutes 2008, section 609.135, subdivision 1a, is amended to read:
49.3 Subd. 1a.
Failure to pay restitution or fine. If the court orders payment of
49.4restitution or a fine as a condition of probation and if the defendant fails to pay the
49.5restitution or a fine in accordance with the payment schedule or structure established
49.6by the court or the probation officer, the prosecutor or the defendant's probation officer
49.7may, on the prosecutor's or the officer's own motion or at the request of the victim,
49.8ask the court to hold a hearing to determine whether or not the conditions of probation
49.9should be changed or probation should be revoked. The defendant's probation officer
49.10shall ask for the hearing if the restitution or fine ordered has not been paid prior to 60
49.11days before the term of probation expires. The court shall schedule and hold this hearing
49.12and take appropriate action, including action under subdivision 2, paragraph (g), before
49.13the defendant's term of probation expires.
49.14
new text begin Nothing in this subdivision limits the court's ability to refer the case to collections new text end
49.15
new text begin under section 609.104 when a defendant fails to pay court-ordered restitution.new text end
49.16
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
49.17 Sec. 46. Minnesota Statutes 2008, section 609.135, subdivision 2, is amended to read:
49.18 Subd. 2.
Stay of sentence maximum periods. (a) If the conviction is for a felony
49.19other than section
609.21, subdivision 1a, paragraph (b) or (c), the stay shall be for not
49.20more than four years or the maximum period for which the sentence of imprisonment
49.21might have been imposed, whichever is longer.
49.22(b) If the conviction is for a gross misdemeanor violation of section
169A.20
49.23or
609.21, subdivision 1a, paragraph (d), or for a felony described in section
609.21,
49.24subdivision 1a
, paragraph (b) or (c), the stay shall be for not more than six years. The
49.25court shall provide for unsupervised probation for the last year of the stay unless the court
49.26finds that the defendant needs supervised probation for all or part of the last year.
49.27(c) If the conviction is for a gross misdemeanor not specified in paragraph (b), the
49.28stay shall be for not more than two years.
49.29(d) If the conviction is for any misdemeanor under section
169A.20;
609.746,
49.30subdivision 1
;
609.79; or
617.23; or for a misdemeanor under section
609.2242 or
49.31609.224, subdivision 1
, in which the victim of the crime was a family or household
49.32member as defined in section
518B.01, the stay shall be for not more than two years. The
49.33court shall provide for unsupervised probation for the second year of the stay unless the
49.34court finds that the defendant needs supervised probation for all or part of the second year.
50.1(e) If the conviction is for a misdemeanor not specified in paragraph (d), the stay
50.2shall be for not more than one year.
50.3(f) The defendant shall be discharged six months after the term of the stay expires,
50.4unless the stay has been revoked or extended under paragraph (g), or the defendant has
50.5already been discharged.
50.6(g) Notwithstanding the maximum periods specified for stays of sentences under
50.7paragraphs (a) to (f), a court may extend a defendant's term of probation for up to one year
50.8if it finds, at a hearing conducted under subdivision 1a, that:
50.9(1) the defendant has not paid court-ordered restitution or a fine in accordance
50.10with the payment schedule or structure; and
50.11(2) the defendant is likely to not pay the restitution or fine the defendant owes before
50.12the term of probation expires.
50.13This one-year extension of probation for failure to pay restitution or a fine may be
50.14extended by the court for up to one additional year if the court finds, at another hearing
50.15conducted under subdivision 1a, that the defendant still has not paid the court-ordered
50.16restitution or fine that the defendant owes.
50.17
new text begin Nothing in this subdivision limits the court's ability to refer the case to collections new text end
50.18
new text begin under section 609.104.new text end
50.19(h) 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 three
50.21years if it finds, at a hearing conducted under subdivision 1c, that:
50.22(1) the defendant has failed to complete court-ordered treatment successfully; and
50.23(2) the defendant is likely not to complete court-ordered treatment before the term of
50.24probation expires.
50.25
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
50.26 Sec. 47. Minnesota Statutes 2008, section 611.17, is amended to read:
50.27
611.17 FINANCIAL INQUIRY; STATEMENTS; CO-PAYMENT;
50.28
STANDARDS FOR DISTRICT PUBLIC DEFENSE ELIGIBILITY.
50.29 (a) Each judicial district must screen requests for representation by the district public
50.30defender. A defendant is financially unable to obtain counsel if:
50.31 (1) the defendant, or any dependent of the defendant who resides in the same
50.32household as the defendant, receives means-tested governmental benefits; or
51.1 (2) the defendant, through any combination of liquid assets and current income,
51.2would be unable to pay the reasonable costs charged by private counsel in that judicial
51.3district for a defense of the same matter.
51.4 (b) Upon a request for the appointment of counsel, the court shall make appropriate
51.5inquiry into the financial circumstances of the applicant, who shall submit a financial
51.6statement under oath or affirmation setting forth the applicant's assets and liabilities,
51.7including the value of any real property owned by the applicant, whether homestead or
51.8otherwise, less the amount of any encumbrances on the real property, the source or sources
51.9of income, and any other information required by the court. The applicant shall be under
51.10a continuing duty while represented by a public defender to disclose any changes in the
51.11applicant's financial circumstances that might be relevant to the applicant's eligibility for a
51.12public defender. The state public defender shall furnish appropriate forms for the financial
51.13statements. The forms must contain conspicuous notice of the applicant's continuing duty
51.14to disclose to the court changes in the applicant's financial circumstances. The forms must
51.15also contain conspicuous notice of the applicant's obligation to make a co-payment for the
51.16services of the district public defender, as specified under paragraph (c). The information
51.17contained in the statement shall be confidential and for the exclusive use of the court
51.18and the public defender appointed by the court to represent the applicant except for any
51.19prosecution under section
609.48. A refusal to execute the financial statement or produce
51.20financial records constitutes a waiver of the right to the appointment of a public defender.
51.21The court shall not appoint a district public defender to a defendant who is financially able
51.22to retain private counsel but refuses to do so.
51.23 An inquiry to determine financial eligibility of a defendant for the appointment of
51.24the district public defender shall be made whenever possible prior to the court appearance
51.25and by such persons as the court may direct. This inquiry may be combined with the
51.26prerelease investigation provided for in Minnesota Rule of Criminal Procedure
6.02,
51.27subdivision 3
. In no case shall the district public defender be required to perform this
51.28inquiry or investigate the defendant's assets or eligibility. The court has the sole duty to
51.29conduct a financial inquiry. The inquiry must include the following:
51.30 (1) the liquidity of real estate assets, including the defendant's homestead;
51.31 (2) any assets that can be readily converted to cash or used to secure a debt;
51.32 (3) the determination of whether the transfer of an asset is voidable as a fraudulent
51.33conveyance; and
51.34 (4) the value of all property transfers occurring on or after the date of the alleged
51.35offense. The burden is on the accused to show that he or she is financially unable to afford
51.36counsel. Defendants who fail to provide information necessary to determine eligibility
52.1shall be deemed ineligible. The court must not appoint the district public defender as
52.2advisory counsel.
52.3 (c) Upon disposition of the case, an individual who has received public defender
52.4services shall pay to the court a $28
new text begin $75new text end co-payment for representation provided by a
52.5public defender, unless the co-payment is, or has been, waived by the court.
52.6 The co-payment must be credited to the general fund. If a term of probation is
52.7imposed as a part of an offender's sentence, the co-payment required by this section must
52.8not be made a condition of probation. The co-payment required by this section is a civil
52.9obligation and must not be made a condition of a criminal sentence.
52.10
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
52.11 Sec. 48. Minnesota Statutes 2008, section 631.48, is amended to read:
52.12
631.48 SENTENCE; COSTS OF PROSECUTION.
52.13In a criminal action, upon conviction of the defendant, the court may order as part of
52.14the sentence that defendant shall pay the whole or any part of the disbursements of the
52.15prosecution, including disbursements made to extradite a defendant. The court may order
52.16this payment in addition to any other penalty authorized by law which it may impose. The
52.17payment of the disbursements of prosecution may be enforced in the same manner as the
52.18sentence, or by execution against property. When collected, the disbursements must be
52.19paid into the treasury of the county of conviction, but
new text begin of ordered prosecution costs shall be new text end
52.20
new text begin paid to the municipality or subdivision of government which employed the prosecuting new text end
52.21
new text begin attorney or otherwise provided for prosecution of the case.new text end This payment may not interfere
52.22with the payment of officers', witnesses', or jurors' fees.
52.23
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
52.24 Sec. 49.
new text begin PUBLIC DEFENDER FEE; PUBLIC DEFENDER FEE ACCOUNT.new text end
52.25
new text begin Subdivision 1.new text end new text begin Creation of fee.new text end new text begin The Supreme Court, through the lawyer registration new text end
52.26
new text begin office, may assess a public defender fee on each licensed attorney in the state. The fee new text end
52.27
new text begin must be equal to or greater than the civil legal services fee that licensed attorneys are new text end
52.28
new text begin required to pay pursuant to the rules of the Supreme Court on lawyer registration.new text end
52.29
new text begin Subd. 2.new text end new text begin Creation of account.new text end new text begin A public defender fee account is created in the new text end
52.30
new text begin special revenue fund. The public defender fee is deposited in the public defender fee new text end
52.31
new text begin account in the special revenue fund. The amounts in the account are appropriated to the new text end
52.32
new text begin Board of Public Defense.new text end
53.1
new text begin Subd. 3.new text end new text begin Purpose of account.new text end new text begin The purpose of the public defender fee account is to new text end
53.2
new text begin provide funding for the Board of Public Defense.new text end
53.3
new text begin Subd. 4.new text end new text begin Prohibition on nonpublic defender transfers from account.new text end
53.4
new text begin Notwithstanding any law to the contrary, money in the public defender fee account shall new text end
53.5
new text begin be appropriated solely for the purpose of funding the Board of Public Defense.new text end
53.6
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
53.7 Sec. 50.
new text begin REPEALER.new text end
53.8
new text begin Minnesota Statutes 2008, sections 152.025, subdivision 3; 152.0262, subdivision new text end
53.9
new text begin 2; 484.90, subdivisions 1, 2, and 3; 487.08, subdivisions 1, 2, 3, and 5; and 609.135, new text end
53.10
new text begin subdivision 8,new text end new text begin are repealed.new text end
53.11
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
53.12
ARTICLE 3
53.13
PUBLIC SAFETY AND CORRECTIONS
53.14 Section 1. Minnesota Statutes 2008, section 152.025, subdivision 3, is amended to read:
53.15 Subd. 3.
Penalty. (a) A person convicted under subdivision 1 or 2 may be sentenced
53.16to imprisonment for not more than five years or to payment of a fine of not more than
53.17$10,000, or both.
53.18(b) If the conviction is a subsequent controlled substance conviction, a person
53.19convicted under subdivision 1 or 2 shall be committed to the commissioner of corrections
53.20or to a local correctional authority for not less than six months nor more than ten years
53.21and, in addition, may be sentenced to payment of a fine of not more than $20,000.
new text begin Prior new text end
53.22
new text begin to the time of sentencing, the prosecutor may file a motion to have the person sentenced new text end
53.23
new text begin without regard to the mandatory minimum sentence established by this paragraph. The new text end
53.24
new text begin motion must be accompanied by a statement on the record of the reasons for it. When new text end
53.25
new text begin presented with the motion, or on its own motion, the court may sentence the person new text end
53.26
new text begin without regard to the mandatory minimum sentence if the court finds, on the record, new text end
53.27
new text begin substantial and compelling reasons to do so. Sentencing a person in this manner is a new text end
53.28
new text begin departure from the sentencing guidelines.new text end
53.29
new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2009, and applies to crimes new text end
53.30
new text begin committed on or after that date.new text end
53.31 Sec. 2. Minnesota Statutes 2008, section 171.29, subdivision 2, is amended to read:
54.1 Subd. 2.
Reinstatement fees and surcharges allocated and appropriated. (a)
54.2An individual whose driver's license has been revoked as provided in subdivision 1,
54.3except under section
169A.52,
169A.54, or
609.21, must pay a $30 fee before the driver's
54.4license is reinstated.
54.5 (b) A person whose driver's license has been revoked as provided in subdivision 1
54.6under section
169A.52,
169A.54, or
609.21, must pay a $250 fee plus a $430 surcharge
54.7before the driver's license is reinstated, except as provided in paragraph (f). The $250
54.8fee is to be credited as follows:
54.9 (1) Twenty percent must be credited to the driver services operating account in the
54.10special revenue fund as specified in section
299A.705.
54.11 (2) Sixty-seven percent must be credited to the general fund.
54.12 (3) Eight percent must be credited to a separate account to be known as the Bureau of
54.13Criminal Apprehension account. Money in this account may be
new text begin is annuallynew text end appropriated
54.14to the commissioner of public safety and the appropriated amount must be apportioned
54.1580 percent for laboratory costs and 20 percent for carrying out the provisions of section
54.16299C.065
.
54.17 (4) Five percent must be credited to a separate account to be known as the vehicle
54.18forfeiture account, which is created in the special revenue fund. The money in the account
54.19is annually appropriated to the commissioner for costs of handling vehicle forfeitures.
54.20 (c) The revenue from $50 of the surcharge must be credited to a separate account
54.21to be known as the traumatic brain injury and spinal cord injury account. The revenue
54.22from $50 of the surcharge on a reinstatement under paragraph (f) is credited from the
54.23first installment payment to the traumatic brain injury and spinal cord injury account.
54.24The money in the account is annually appropriated to the commissioner of health to be
54.25used as follows: 83 percent for contracts with a qualified community-based organization
54.26to provide information, resources, and support to assist persons with traumatic brain
54.27injury and their families to access services, and 17 percent to maintain the traumatic
54.28brain injury and spinal cord injury registry created in section
144.662. For the purposes
54.29of this paragraph, a "qualified community-based organization" is a private, not-for-profit
54.30organization of consumers of traumatic brain injury services and their family members.
54.31The organization must be registered with the United States Internal Revenue Service under
54.32section 501(c)(3) as a tax-exempt organization and must have as its purposes:
54.33 (1) the promotion of public, family, survivor, and professional awareness of the
54.34incidence and consequences of traumatic brain injury;
54.35 (2) the provision of a network of support for persons with traumatic brain injury,
54.36their families, and friends;
55.1 (3) the development and support of programs and services to prevent traumatic
55.2brain injury;
55.3 (4) the establishment of education programs for persons with traumatic brain injury;
55.4and
55.5 (5) the empowerment of persons with traumatic brain injury through participation
55.6in its governance.
55.7A patient's name, identifying information, or identifiable medical data must not be
55.8disclosed to the organization without the informed voluntary written consent of the patient
55.9or patient's guardian or, if the patient is a minor, of the parent or guardian of the patient.
55.10 (d) The remainder of the surcharge must be credited to a separate account to be
55.11known as the remote electronic alcohol-monitoring program account. The commissioner
55.12shall transfer the balance of this account to the commissioner of finance on a monthly
55.13basis for deposit in the general fund.
55.14 (e) When these fees are collected by a licensing agent, appointed under section
55.15171.061
, a handling charge is imposed in the amount specified under section
171.061,
55.16subdivision 4
. The reinstatement fees and surcharge must be deposited in an approved
55.17depository as directed under section
171.061, subdivision 4.
55.18 (f) A person whose driver's license has been revoked as provided in subdivision
55.191 under section
169A.52 or
169A.54 and who the court certifies as being financially
55.20eligible for a public defender under section
611.17, may choose to pay 50 percent and
55.21an additional $25 of the total amount of the surcharge and 50 percent of the fee required
55.22under paragraph (b) to reinstate the person's driver's license, provided the person meets all
55.23other requirements of reinstatement. If a person chooses to pay 50 percent of the total and
55.24an additional $25, the driver's license must expire after two years. The person must pay an
55.25additional 50 percent less $25 of the total to extend the license for an additional two years,
55.26provided the person is otherwise still eligible for the license. After this final payment of
55.27the surcharge and fee, the license may be renewed on a standard schedule, as provided
55.28under section
171.27. A handling charge may be imposed for each installment payment.
55.29Revenue from the handling charge is credited to the driver services operating account in
55.30the special revenue fund and is appropriated to the commissioner.
55.31 (g) Any person making installment payments under paragraph (f), whose driver's
55.32license subsequently expires, or is canceled, revoked, or suspended before payment of
55.33100 percent of the surcharge and fee, must pay the outstanding balance due for the initial
55.34reinstatement before the driver's license is subsequently reinstated. Upon payment of
55.35the outstanding balance due for the initial reinstatement, the person may pay any new
56.1surcharge and fee imposed under paragraph (b) in installment payments as provided
56.2under paragraph (f).
56.3
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
56.4 Sec. 3. Minnesota Statutes 2008, section 241.016, subdivision 1, is amended to read:
56.5 Subdivision 1.
Biennial report. (a) The Department of Corrections shall submit a
56.6performance report to the chairs and ranking minority members of the senate and house
56.7of representatives committees and divisions having jurisdiction over criminal justice
56.8funding by January 15, 2005, and every other year thereafter. The issuance and content
56.9of the report must include the following:
56.10 (1) department strategic mission, goals, and objectives;
56.11 (2) the department-wide per diem, adult facility-specific per diems, and an average
56.12per diem, reported in a standard calculated method as outlined in the departmental policies
56.13and procedures;
56.14 (3) department annual statistics as outlined in the departmental policies and
56.15procedures; and
56.16 (4) information about prison-based mental health programs, including, but not
56.17limited to, the availability of these programs, participation rates, and completion rates.
56.18 (b) The department shall maintain recidivism rates for adult facilities on an annual
56.19basis. In addition, each year the department shall, on an alternating basis, complete a
56.20recidivism analysis of adult facilities, juvenile services, and the community services
56.21divisions and include a three-year recidivism analysis in the report described in paragraph
56.22(a). The recidivism analysis must: (1) assess education programs, vocational programs,
56.23treatment programs, including mental health programs, industry, and employment; and (2)
56.24assess statewide re-entry policies and funding, including postrelease treatment, education,
56.25training, and supervision. In addition, when reporting recidivism for the department's
56.26adult and juvenile facilities, the department shall report on the extent to which offenders it
56.27has assessed as chemically dependent commit new offenses, with separate recidivism rates
56.28reported for persons completing and not completing the department's treatment programs.
56.29
new text begin (c) By August 31 of each odd-numbered year, the commissioner must present to new text end
56.30
new text begin the legislature a report that lists and describes the performance measures and targets the new text end
56.31
new text begin department will include in the biennial performance report. The measures and targets new text end
56.32
new text begin must include a budget target for the next two years and a history of the department's new text end
56.33
new text begin performance for the previous five years. At a minimum, the report must include measures new text end
56.34
new text begin and targets for the data and information identified in paragraphs (a) and (b) regarding per new text end
56.35
new text begin diem, statistics, inmate programming, and recidivism, and the following:new text end
57.1
new text begin (1) average statutory per diem for adult offenders, female offenders, and juvenile new text end
57.2
new text begin offenders;new text end
57.3
new text begin (2) community corrections;new text end
57.4
new text begin (3) staffing and salaries for both department divisions and institutions;new text end
57.5
new text begin (4) the use of private and local institutions to house persons committed to the new text end
57.6
new text begin commissioner;new text end
57.7
new text begin (5) the cost of inmate health and dental care;new text end
57.8
new text begin (6) implementation and use of corrections best practices; andnew text end
57.9
new text begin (7) the challenge incarceration program.new text end
57.10
new text begin EFFECTIVE DATE.new text end new text begin This section is effective June 1, 2009.new text end
57.11 Sec. 4. Minnesota Statutes 2008, section 244.055, subdivision 2, is amended to read:
57.12 Subd. 2.
Conditional release of certain nonviolent controlled substance
57.13
offenders. An offender who has been committed to the commissioner's custody may
57.14petition the commissioner for conditional release from prison before the offender's
57.15scheduled supervised release date or target release date if:
57.16(1) the offender is serving a sentence for violating section
152.021, subdivision 2 or
57.172a;
152.022, subdivision 2;
152.023;
152.024; or
152.025;
57.18(2) the offender committed the crime as a result of a controlled substance addiction,
57.19and not primarily for profit;
57.20(3) the offender has served at least 36 months or one-half of the offender's term of
57.21imprisonment, whichever is less;
57.22(4) the offender successfully completed a chemical dependency treatment program
57.23of the type described in this section while in prison;
57.24(5) the offender has not previously been conditionally released under this section; and
57.25(6) the offender has not within the past ten years been convicted or adjudicated
57.26delinquent for a violent crime as defined in section
609.1095 other than the current
57.27conviction for the controlled substance offense
new text begin ; andnew text end
57.28
new text begin (7) the offender has access upon release to aftercare, community-based chemical new text end
57.29
new text begin dependency treatment, and housingnew text end .
57.30
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
57.31 Sec. 5. Minnesota Statutes 2008, section 244.055, subdivision 11, is amended to read:
57.32 Subd. 11.
Sunset. This section expires July 1, 2009
new text begin 2011new text end .
57.33
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
58.1 Sec. 6. Minnesota Statutes 2008, section 299A.01, subdivision 1a, is amended to read:
58.2 Subd. 1a.
Mission; efficiency. It is part of the department's mission that within the
58.3department's resources the commissioner shall endeavor to:
58.4(1) prevent the waste or unnecessary spending of public money;
58.5(2) use innovative fiscal and human resource practices to manage the state's
58.6resources and operate the department as efficiently as possible;
58.7(3) coordinate the department's activities wherever appropriate with the activities
58.8of other governmental agencies;
58.9(4) use technology where appropriate to increase agency productivity, improve
58.10customer service, increase public access to information about government, and increase
58.11public participation in the business of government;
58.12(5) utilize constructive and cooperative labor-management practices to the extent
58.13otherwise required by chapters 43A and 179A;
new text begin andnew text end
58.14(6) report to the legislature on the performance of agency operations and the
58.15accomplishment of agency goals in the agency's biennial budget according to section
58.16
16A.10, subdivision 1; and
58.17(7)
new text begin (6)new text end recommend to the legislature appropriate changes in law necessary to carry
58.18out the mission and improve the performance of the department.
58.19 Sec. 7. Minnesota Statutes 2008, section 299A.01, is amended by adding a subdivision
58.20to read:
58.21
new text begin Subd. 1c.new text end new text begin Performance report; performance measures and targets.new text end new text begin (a) new text end
58.22
new text begin The commissioner, as part of the department's mission and within the department's new text end
58.23
new text begin resources, shall report to the legislature on the performance of agency operations and the new text end
58.24
new text begin accomplishment of agency goals in the agency's biennial budget according to paragraph new text end
58.25
new text begin (b) and section 16A.10, subdivision 1. The purpose of the report is to determine the extent new text end
58.26
new text begin to which each program is accomplishing the program's mission, goals, and objectives.new text end
58.27
new text begin The report may address:new text end
58.28
new text begin (1) factors that limited or delayed achievement of objectives or goals;new text end
58.29
new text begin (2) resources used or saved and efficiencies achieved in reaching program objectives new text end
58.30
new text begin and goals;new text end
58.31
new text begin (3) information from customers and partners of the agency regarding the quality of new text end
58.32
new text begin service and effectiveness of the agency and the agency's programs;new text end
58.33
new text begin (4) recommendations on elimination of unnecessary or obsolete mandated reports; new text end
58.34
new text begin andnew text end
58.35
new text begin (5) major cases, events, or circumstances that required an agency response.new text end
59.1
new text begin (b) By June 30 of each odd-numbered year, the commissioner must present to the new text end
59.2
new text begin legislature a report that states the mission, goals, and objectives of each program and lists new text end
59.3
new text begin and describes the performance measures and targets the department will include in the new text end
59.4
new text begin performance report required under paragraph (a). The report must include information new text end
59.5
new text begin on how program goals and objectives were created and who participated in formulating new text end
59.6
new text begin them. The measures and targets must include a history of the department's performance new text end
59.7
new text begin for the previous five years. At a minimum, the report must include measures and targets new text end
59.8
new text begin for the following:new text end
59.9
new text begin (1) staffing and salaries for divisions within the agency;new text end
59.10
new text begin (2) caseloads and responsibilities of Bureau of Criminal Apprehension agents;new text end
59.11
new text begin (3) development and funding of the Allied Radio Matrix for Emergency Response new text end
59.12
new text begin (ARMER);new text end
59.13
new text begin (4) grant programs administered under the Office of Justice Programs and Homeland new text end
59.14
new text begin Security and Emergency Management;new text end
59.15
new text begin (5) receipt and expenditure of federal grant funds;new text end
59.16
new text begin (6) expenditure of the fire safety insurance surcharge;new text end
59.17
new text begin (7) emergency preparedness;new text end
59.18
new text begin (8) crime lab operations; andnew text end
59.19
new text begin (9) assistance provided to crime victims.new text end
59.20
new text begin EFFECTIVE DATE.new text end new text begin This section is effective June 1, 2009.new text end
59.21 Sec. 8. Minnesota Statutes 2008, section 299C.65, subdivision 3a, is amended to read:
59.22 Subd. 3a.
Report. The policy group, with the assistance of the task force, shall file
59.23an annual
new text begin a biennialnew text end report with the governor, Supreme Court, and chairs and ranking
59.24minority members of the senate and house of representatives committees and divisions
59.25with jurisdiction over criminal justice funding and policy by January 15 of
new text begin innew text end each
new text begin new text end
59.26
new text begin odd-numberednew text end year. The report must provide the following:
59.27(1) status and review of current integration efforts and projects;
59.28(2) recommendations concerning any legislative changes or appropriations that
59.29are needed to ensure that the criminal justice information systems operate accurately
59.30and efficiently; and
59.31(3) summary of the activities of the policy group and task force.
59.32
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
59.33 Sec. 9. Minnesota Statutes 2008, section 403.11, subdivision 1, is amended to read:
60.1 Subdivision 1.
Emergency telecommunications service fee; account. (a) Each
60.2customer of a wireless or wire-line switched or packet-based telecommunications service
60.3provider connected to the public switched telephone network that furnishes service capable
60.4of originating a 911 emergency telephone call is assessed a fee based upon the number
60.5of wired or wireless telephone lines, or their equivalent, to cover the costs of ongoing
60.6maintenance and related improvements for trunking and central office switching equipment
60.7for 911 emergency telecommunications service, to offset administrative and staffing costs
60.8of the commissioner related to managing the 911 emergency telecommunications service
60.9program, to make distributions provided for in section
403.113, and to offset the costs,
60.10including administrative and staffing costs, incurred by the State Patrol Division of the
60.11Department of Public Safety in handling 911 emergency calls made from wireless phones
new text begin , new text end
60.12
new text begin and for any other purpose the commissioner determines is related to the effective operation new text end
60.13
new text begin of the emergency telecommunications system in the statenew text end .
60.14 (b) Money remaining in the 911 emergency telecommunications service account
60.15after all other obligations are paid must not cancel and is carried forward to subsequent
60.16years and may be appropriated from time to time to the commissioner to provide financial
60.17assistance to counties for the improvement of local emergency telecommunications
60.18services. The improvements may include providing access to 911 service for
60.19telecommunications service subscribers currently without access and upgrading existing
60.20911 service to include automatic number identification, local location identification,
60.21automatic location identification, and other improvements specified in revised county
60.22911 plans approved by the commissioner.
60.23 (c) The fee may not be less than eight cents nor more than 65 cents a month until
60.24June 30, 2008, not less than eight cents nor more than 75 cents a month until June 30,
60.252009, not less than eight cents nor more than 85 cents a month until June 30, 2010, and
60.26not less than eight cents nor more than 95 cents a month on or after July 1, 2010, for
60.27each customer access line or other basic access service, including trunk equivalents as
60.28designated by the Public Utilities Commission for access charge purposes and including
60.29wireless telecommunications services. With the approval of the commissioner of finance,
60.30the commissioner of public safety shall establish the amount of the fee within the limits
60.31specified and inform the companies and carriers of the amount to be collected. When the
60.32revenue bonds authorized under section
403.27, subdivision 1, have been fully paid or
60.33defeased, the commissioner shall reduce the fee to reflect that debt service on the bonds is
60.34no longer needed. The commissioner shall provide companies and carriers a minimum of
60.3545 days' notice of each fee change. The fee must be the same for all customers.
61.1 (d) The fee must be collected by each wireless or wire-line telecommunications
61.2service provider subject to the fee. Fees are payable to and must be submitted to the
61.3commissioner monthly before the 25th of each month following the month of collection,
61.4except that fees may be submitted quarterly if less than $250 a month is due, or annually if
61.5less than $25 a month is due. Receipts must be deposited in the state treasury and credited
61.6to a 911 emergency telecommunications service account in the special revenue fund. The
61.7money in the account may only be used for 911 telecommunications services.
61.8 (e) This subdivision does not apply to customers of interexchange carriers.
61.9 (f) The installation and recurring charges for integrating wireless 911 calls into
61.10enhanced 911 systems are eligible for payment by the commissioner if the 911 service
61.11provider is included in the statewide design plan and the charges are made pursuant to
61.12contract.
61.13 (g) Competitive local exchanges carriers holding certificates of authority from the
61.14Public Utilities Commission are eligible to receive payment for recurring 911 services.
61.15
new text begin (h) The revisions made to paragraph (a) in 2009 expire on June 30, 2011.new text end
61.16
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
61.17 Sec. 10. Minnesota Statutes 2008, section 609.105, subdivision 1, is amended to read:
61.18 Subdivision 1.
Sentence to less than 180 daysnew text begin more than one yearnew text end . In A felony
61.19sentence to imprisonment, when the remaining term of imprisonment is for 180 days
61.20or less, the defendant
new text begin more than one yearnew text end shall be committed
new text begin commit the defendantnew text end to
61.21the custody of the commissioner of corrections and must serve the remaining term of
61.22imprisonment at a workhouse, work farm, county jail, or other place authorized by law.
61.23
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
61.24
new text begin sentenced on or after that date.new text end
61.25 Sec. 11.
new text begin COUNTY-BASED REVOCATION CENTER PILOT PROJECT; new text end
61.26
new text begin REPORT.new text end
61.27
new text begin (a) Dodge, Fillmore, Olmsted, and Ramsey Counties and Tri-county and Hennepin new text end
61.28
new text begin Community Corrections, and any other county or community corrections department new text end
61.29
new text begin that requests to participate shall develop a proposal for a pilot project for a secure new text end
61.30
new text begin residential center and supervision of persons facing revocation of their supervised release new text end
61.31
new text begin or execution of a stayed prison sentence. The proposal must address the care, custody, and new text end
61.32
new text begin programming for offenders assigned to the facility as an intermediate sanction prior to new text end
61.33
new text begin revocation or execution of a stayed prison sentence.new text end
62.1
new text begin (b) The counties must consider the following factors in developing the proposal:new text end
62.2
new text begin (1) type and length of programming for offenders, including supervision, mental new text end
62.3
new text begin health and chemical dependency treatment options, and educational and employment new text end
62.4
new text begin readiness opportunities;new text end
62.5
new text begin (2) medical care;new text end
62.6
new text begin (3) the transport of offenders to and from any facility;new text end
62.7
new text begin (4) detailed current and future costs and per diems associated with the facility;new text end
62.8
new text begin (5) admission and release procedures of the proposed facility;new text end
62.9
new text begin (6) intended outcomes of the pilot project; andnew text end
62.10
new text begin (7) other factors deemed appropriate for consideration by the counties.new text end
62.11
new text begin (c) By December 1, 2009, the counties of Dodge, Fillmore, Olmsted, and Ramsey new text end
62.12
new text begin and Tri-county and Hennepin County Community Corrections shall report the pilot project new text end
62.13
new text begin proposal to the chairs and ranking minority members of the legislative committees having new text end
62.14
new text begin jurisdiction over public safety policy and finance.new text end
62.15
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
62.16 Sec. 12.
new text begin REPEALER.new text end
62.17
new text begin Minnesota Statutes 2008, section 609.105, subdivisions 1a and 1b,new text end new text begin are repealed.new text end
62.18
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end
