SF 958

2nd Unofficial Engrossment - 87th Legislature (2011 - 2012)

Posted on 04/04/2011 08:59 a.m.

1.1A bill for an act 1.2relating to public safety; requiring inmates to co-pay a set minimum amount for 1.3health care provider visits; reauthorizing certain short-term commitments to 1.4commissioner of corrections be served in county jails; amending human rights 1.5education and program development requirements and certificates of compliance 1.6provisions; providing for indeterminate sentencing for certain convicted sex 1.7offenders; modifying frequency of in-service training in police pursuits; 1.8limiting medical aid payments in county jails; requiring a corrections reform 1.9working group; establishing the Juvenile Justice Reform Advisory Task Force; 1.10establishing the Sex Offender Policy Task Force; acquiring an easement for the 1.11correctional facility in Faribault; modifying certain provisions relating to courts 1.12and sentencing, public defenders, sexually exploited youth, and prostitution 1.13crimes; providing for a statewide victim services model for sexually exploited 1.14youth or youth at risk of sexual exploitation; requiring a study; requiring reports; 1.15providing for penalties; appropriating money for public safety, corrections, 1.16human rights, courts, civil legal services, Guardian Ad Litem Board, Uniform 1.17Laws Commission, Board On Judicial Standards, Board of Public Defense, and 1.18sentencing guidelines;amending Minnesota Statutes 2010, sections 169.79, 1.19subdivision 6; 169.797, subdivision 4; 243.212; 260B.007, subdivisions 6, 16; 1.20260C.007, subdivisions 6, 11, by adding a subdivision; 260C.331, subdivision 1.213; 297I.06, subdivision 3; 357.021, subdivision 6; 363A.06, subdivision 1; 1.22363A.36, subdivision 1; 563.01, subdivision 3; 609.105, subdivision 1, by adding 1.23subdivisions; 609.131, subdivision 1; 609.321, subdivisions 4, 8, 9; 609.324, 1.24subdivisions 2, 3, by adding subdivisions; 609.3241; 611.16; 611.17; 611.18; 1.25611.20, subdivisions 3, 4; 611.27, subdivisions 1, 5; 626.558, subdivision 2a; 1.26626.8458, subdivision 5; 641.15, subdivision 2; proposing coding for new law in 1.27Minnesota Statutes, chapter 609; repealing Minnesota Statutes 2010, sections 1.28260B.141, subdivision 5; 260C.141, subdivision 6; 363A.36, subdivision 5; 1.29611.20, subdivision 6. 1.30BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.31ARTICLE 1 1.32APPROPRIATIONS 1.33 Section 1. new text begin SUMMARY OF APPROPRIATIONS. new text end 2.1 new text begin The amounts shown in this section summarize direct appropriations, by fund, made new text end 2.2 new text begin in this article. new text end 2.3 new text begin 2011 new text end new text begin 2012 new text end new text begin 2013 new text end new text begin Total new text end 2.4 new text begin General new text end new text begin $ new text end new text begin 1,226,000 new text end new text begin $ new text end new text begin 890,553,000 new text end new text begin $ new text end new text begin 878,837,000 new text end new text begin $ new text end new text begin 1,770,616,000 new text end 2.5 2.6 2.7 2.8 new text begin State new text end new text begin Government new text end new text begin Special new text end new text begin Revenue new text end new text begin 72,651,000 new text end new text begin 70,036,000 new text end new text begin 142,687,000 new text end 2.9 new text begin Environmental new text end new text begin 69,000 new text end new text begin 69,000 new text end new text begin 138,000 new text end 2.10 2.11 new text begin Special new text end new text begin Revenue new text end new text begin 11,674,000 new text end new text begin 11,674,000 new text end new text begin 23,348,000 new text end 2.12 2.13 new text begin Trunk new text end new text begin Highway new text end new text begin 1,941,000 new text end new text begin 1,941,000 new text end new text begin 3,882,000 new text end 2.14 new text begin Total new text end new text begin $ new text end new text begin 1,226,000 new text end new text begin $ new text end new text begin 976,888,000 new text end new text begin $ new text end new text begin 962,557,000 new text end new text begin $ new text end new text begin 1,940,671,000 new text end 2.15 Sec. 2. new text begin APPROPRIATIONS. new text end 2.16 new text begin The sums shown in the columns marked "Appropriations" are appropriated to the new text end 2.17 new text begin agencies and for the purposes specified in this article. The appropriations are from the new text end 2.18 new text begin general fund, or another named fund, and are available for the fiscal years indicated new text end 2.19 new text begin for each purpose. The figures "2012" and "2013" used in this article mean that the new text end 2.20 new text begin appropriations listed under them are available for the fiscal year ending June 30, 2012, or new text end 2.21 new text begin June 30, 2013, respectively. "The first year" is fiscal year 2012. "The second year" is fiscal new text end 2.22 new text begin year 2013. "The biennium" is fiscal years 2012 and 2013. Appropriations for the fiscal new text end 2.23 new text begin year ending June 30, 2011, are effective the day following final enactment. new text end 2.24 new text begin APPROPRIATIONS new text end 2.25 new text begin Available for the Year new text end 2.26 new text begin Ending June 30 new text end 2.27 new text begin 2011 new text end new text begin 2012 new text end new text begin 2013 new text end 2.28 Sec. 3. new text begin PUBLIC SAFETY new text end 2.29 2.30 new text begin Subdivision 1. new text end new text begin Total new text end new text begin Appropriation new text end new text begin $ new text end new text begin 1,226,000 new text end new text begin $ new text end new text begin 153,340,000 new text end new text begin $ new text end new text begin 150,725,000 new text end 2.31 new text begin Appropriations by Fund new text end 2.32 new text begin 2011 new text end new text begin 2012 new text end new text begin 2013 new text end 2.33 new text begin General new text end new text begin 1,226,000 new text end new text begin 71,665,000 new text end new text begin 71,665,000 new text end 2.34 new text begin Special Revenue new text end new text begin 7,014,000 new text end new text begin 7,014,000 new text end 2.35 2.36 new text begin State Government new text end new text begin Special Revenue new text end new text begin 72,651,000 new text end new text begin 70,036,000 new text end 2.37 new text begin Environmental new text end new text begin 69,000 new text end new text begin 69,000 new text end 2.38 new text begin Trunk Highway new text end new text begin 1,941,000 new text end new text begin 1,941,000 new text end 3.1 new text begin The amounts that may be spent for each new text end 3.2 new text begin purpose are specified in the following new text end 3.3 new text begin subdivisions. new text end 3.4 3.5 new text begin Subd. 2. new text end new text begin Emergency new text end new text begin Management new text end new text begin 1,226,000 new text end new text begin 2,525,000 new text end new text begin 2,525,000 new text end 3.6 new text begin Appropriations by Fund new text end 3.7 new text begin General new text end new text begin 1,226,000 new text end new text begin 1,852,000 new text end new text begin 1,852,000 new text end 3.8 new text begin Special Revenue new text end new text begin 604,000 new text end new text begin 604,000 new text end 3.9 new text begin Environmental new text end new text begin 69,000 new text end new text begin 69,000 new text end 3.10 new text begin (a) new text end new text begin Disaster Match. new text end new text begin $1,226,000 in fiscal year new text end 3.11 new text begin 2011 is appropriated from the general fund to new text end 3.12 new text begin provide a state match for Federal Emergency new text end 3.13 new text begin Management Agency (FEMA) disaster new text end 3.14 new text begin assistance to state agencies and political new text end 3.15 new text begin subdivisions under Minnesota Statutes, new text end 3.16 new text begin section 12.221, in the area designated new text end 3.17 new text begin under Presidential Declaration of Major new text end 3.18 new text begin Disaster, FEMA-1830-DR, for the flooding new text end 3.19 new text begin in Minnesota in the spring of 2009, whether new text end 3.20 new text begin included in the original declaration or added new text end 3.21 new text begin later by federal government action. This is a new text end 3.22 new text begin onetime appropriation. This appropriation is new text end 3.23 new text begin available until expended. new text end 3.24 new text begin (b) new text end new text begin Hazmat and Chemical Assessment new text end 3.25 new text begin Teams. new text end new text begin $604,000 each year is appropriated new text end 3.26 new text begin from the fire safety account in the special new text end 3.27 new text begin revenue fund. These amounts must be used new text end 3.28 new text begin to fund the hazardous materials and chemical new text end 3.29 new text begin assessment teams. new text end 3.30 3.31 new text begin Subd. 3. new text end new text begin Criminal new text end new text begin Apprehension new text end new text begin 41,887,000 new text end new text begin 41,887,000 new text end 3.32 new text begin Appropriations by Fund new text end 3.33 new text begin General new text end new text begin 39,939,000 new text end new text begin 39,939,000 new text end 3.34 3.35 new text begin State Government new text end new text begin Special Revenue new text end new text begin 7,000 new text end new text begin 7,000 new text end 3.36 new text begin Trunk Highway new text end new text begin 1,941,000 new text end new text begin 1,941,000 new text end 4.1 new text begin DWI Lab Analysis; Trunk Highway Fund. new text end new text begin new text end 4.2 new text begin Notwithstanding Minnesota Statutes, section new text end 4.3 new text begin 161.20, subdivision 3 new text end new text begin , $1,941,000 each year new text end 4.4 new text begin is appropriated from the trunk highway fund new text end 4.5 new text begin for laboratory analysis related to driving new text end 4.6 new text begin while impaired cases. new text end 4.7 new text begin Subd. 4. new text end new text begin Fire Marshal new text end new text begin 5,757,000 new text end new text begin 5,757,000 new text end 4.8 new text begin This appropriation is from the fire safety new text end 4.9 new text begin account in the special revenue fund and is for new text end 4.10 new text begin activities under Minnesota Statutes, section new text end 4.11 new text begin 299F.012. new text end 4.12 4.13 new text begin Subd. 5. new text end new text begin Alcohol and new text end new text begin Gambling Enforcement new text end new text begin 2,236,000 new text end new text begin 2,236,000 new text end 4.14 new text begin Appropriations by Fund new text end 4.15 new text begin General new text end new text begin 1,583,000 new text end new text begin 1,583,000 new text end 4.16 new text begin Special Revenue new text end new text begin 653,000 new text end new text begin 653,000 new text end 4.17 new text begin This appropriation is from the alcohol new text end 4.18 new text begin enforcement account in the special revenue new text end 4.19 new text begin fund. Of this appropriation, $500,000 each new text end 4.20 new text begin year shall be transferred to the general fund. new text end 4.21 new text begin The transfer amount for fiscal year 2014 and new text end 4.22 new text begin fiscal year 2015 shall be $500,000 per year. new text end 4.23 4.24 new text begin Subd. 6. new text end new text begin Office of Justice new text end new text begin Programs new text end new text begin 28,387,000 new text end new text begin 28,387,000 new text end 4.25 new text begin Appropriations by Fund new text end 4.26 new text begin General new text end new text begin 28,291,000 new text end new text begin 28,291,000 new text end 4.27 4.28 new text begin State Government new text end new text begin Special Revenue new text end new text begin 96,000 new text end new text begin 96,000 new text end 4.29 new text begin (a) new text end new text begin Domestic Abuse Shelters. new text end new text begin The new text end 4.30 new text begin commissioner may not reduce grants to new text end 4.31 new text begin domestic abuse shelters more than 11 percent new text end 4.32 new text begin from the base. new text end 4.33 new text begin (b) new text end new text begin Administration Costs. new text end new text begin Up to 2.5 percent new text end 4.34 new text begin of the grant money appropriated in this new text end 5.1 new text begin subdivision may be used to administer the new text end 5.2 new text begin grant program. new text end 5.3 5.4 new text begin Subd. 7. new text end new text begin Emergency new text end new text begin Communication Networks new text end new text begin 72,548,000 new text end new text begin 69,933,000 new text end 5.5 new text begin This appropriation is from the state new text end 5.6 new text begin government special revenue fund for 911 new text end 5.7 new text begin emergency telecommunications services. new text end 5.8 new text begin (a) new text end new text begin Public Safety Answering Points. new text end new text begin new text end 5.9 new text begin $13,664,000 each year is to be distributed new text end 5.10 new text begin as provided in Minnesota Statutes, section new text end 5.11 new text begin 403.113, subdivision 2. new text end 5.12 new text begin (b) new text end new text begin Medical Resource Communication new text end 5.13 new text begin Centers. new text end new text begin $683,000 each year is for grants new text end 5.14 new text begin to the Minnesota Emergency Medical new text end 5.15 new text begin Services Regulatory Board for the Metro new text end 5.16 new text begin East and Metro West Medical Resource new text end 5.17 new text begin Communication Centers that were in new text end 5.18 new text begin operation before January 1, 2000. new text end 5.19 new text begin (c) new text end new text begin ARMER Debt Service. new text end new text begin $23,261,000 new text end 5.20 new text begin each year is to the commissioner of new text end 5.21 new text begin management and budget to pay debt service new text end 5.22 new text begin on revenue bonds issued under Minnesota new text end 5.23 new text begin Statutes, section 403.275. new text end 5.24 new text begin Any portion of this appropriation not needed new text end 5.25 new text begin to pay debt service in a fiscal year may be new text end 5.26 new text begin used by the commissioner of public safety to new text end 5.27 new text begin pay cash for any of the capital improvements new text end 5.28 new text begin for which bond proceeds were appropriated new text end 5.29 new text begin by Laws 2005, chapter 136, article 1, section new text end 5.30 new text begin 9, subdivision 8, or Laws 2007, chapter 54, new text end 5.31 new text begin article 1, section 10, subdivision 8. new text end 5.32 new text begin (d) new text end new text begin Metropolitan Council Debt Service. new text end new text begin new text end 5.33 new text begin $1,410,000 each year is to the commissioner new text end 5.34 new text begin of management and budget for payment to new text end 5.35 new text begin the Metropolitan Council for debt service new text end 6.1 new text begin on bonds issued under Minnesota Statutes, new text end 6.2 new text begin section 403.27. new text end 6.3 new text begin (e) new text end new text begin ARMER State Backbone Operating new text end 6.4 new text begin Costs. new text end new text begin $8,300,000 the first year and new text end 6.5 new text begin $8,650,000 the second year are to the new text end 6.6 new text begin commissioner of transportation for costs new text end 6.7 new text begin of maintaining and operating the statewide new text end 6.8 new text begin radio system backbone. new text end 6.9 new text begin (f) new text end new text begin ARMER Improvements. new text end new text begin $1,000,000 new text end 6.10 new text begin each year is for the Statewide Radio Board new text end 6.11 new text begin for costs of design, construction, maintenance new text end 6.12 new text begin of, and improvements to those elements new text end 6.13 new text begin of the statewide public safety radio and new text end 6.14 new text begin communication system that support mutual new text end 6.15 new text begin aid communications and emergency medical new text end 6.16 new text begin services or provide enhancement of public new text end 6.17 new text begin safety communication interoperability. new text end 6.18 new text begin (g) new text end new text begin Transfer. new text end new text begin $2,600,000 each year is new text end 6.19 new text begin transferred to the general fund. This is a new text end 6.20 new text begin onetime transfer. new text end 6.21 6.22 Sec. 4. new text begin PEACE OFFICER STANDARDS AND new text end new text begin TRAINING (POST) BOARD new text end new text begin $ new text end new text begin 3,770,000 new text end new text begin $ new text end new text begin 3,770,000 new text end 6.23 new text begin (a) new text end new text begin Excess Amounts Transferred. new text end new text begin This new text end 6.24 new text begin appropriation is from the peace officer new text end 6.25 new text begin training account in the special revenue fund. new text end 6.26 new text begin Any new receipts credited to that account in new text end 6.27 new text begin the first year in excess of $3,770,000 must be new text end 6.28 new text begin transferred and credited to the general fund. new text end 6.29 new text begin Any new receipts credited to that account in new text end 6.30 new text begin the second year in excess of $3,770,000 must new text end 6.31 new text begin be transferred and credited to the general new text end 6.32 new text begin fund. new text end 6.33 new text begin (b) new text end new text begin Peace Officer Training new text end 6.34 new text begin Reimbursements. new text end new text begin $2,634,000 each new text end 7.1 new text begin year is for reimbursements to local new text end 7.2 new text begin governments for peace officer training costs. new text end 7.3 Sec. 5. new text begin PRIVATE DETECTIVE BOARD new text end new text begin $ new text end new text begin 120,000 new text end new text begin $ new text end new text begin 120,000 new text end 7.4 Sec. 6. new text begin HUMAN RIGHTS new text end new text begin $ new text end new text begin 1,170,000 new text end new text begin $ new text end new text begin 1,170,000 new text end 7.5 new text begin Mission Priority. new text end new text begin The commissioner shall new text end 7.6 new text begin dedicate the department's appropriation new text end 7.7 new text begin under this section to enforcement measures. new text end 7.8 Sec. 7. new text begin DEPARTMENT OF CORRECTIONS new text end 7.9 7.10 new text begin Subdivision 1. new text end new text begin Total new text end new text begin Appropriation new text end new text begin $ new text end new text begin 455,185,000 new text end new text begin $ new text end new text begin 441,427,000 new text end 7.11 new text begin Appropriations by Fund new text end 7.12 new text begin General new text end new text begin 454,295,000 new text end new text begin 440,537,000 new text end 7.13 new text begin Special Revenue new text end new text begin 890,000 new text end new text begin 890,000 new text end 7.14 new text begin The amounts that may be spent for each new text end 7.15 new text begin purpose are specified in the following new text end 7.16 new text begin subdivisions. new text end 7.17 7.18 new text begin Subd. 2. new text end new text begin Correctional new text end new text begin Institutions new text end new text begin 325,759,000 new text end new text begin 312,001,000 new text end 7.19 new text begin Appropriations by Fund new text end 7.20 new text begin General new text end new text begin 325,179,000 new text end new text begin 311,421,000 new text end 7.21 new text begin Special Revenue new text end new text begin 580,000 new text end new text begin 580,000 new text end 7.22 new text begin (a) new text end new text begin Position Reductions. new text end new text begin The commissioner new text end 7.23 new text begin shall realize the cuts to correctional new text end 7.24 new text begin institutions by eliminating management new text end 7.25 new text begin positions within the department's facilities, new text end 7.26 new text begin particularly duplicate positions. The new text end 7.27 new text begin commissioner may not eliminate line officer new text end 7.28 new text begin positions. The commissioner shall focus the new text end 7.29 new text begin reductions in areas that will not compromise new text end 7.30 new text begin line officer or public safety. new text end 7.31 new text begin (b) new text end new text begin Inmate Medical Cost Savings; Report. new text end new text begin new text end 7.32 new text begin The commissioner shall reduce the inmate new text end 8.1 new text begin medical per diem by at least five percent. new text end 8.2 new text begin By January 15, 2012, the commissioner new text end 8.3 new text begin shall submit a report to the chairs and new text end 8.4 new text begin ranking minority members of the house new text end 8.5 new text begin of representatives and senate committees new text end 8.6 new text begin with jurisdiction over public safety finance new text end 8.7 new text begin detailing how the commissioner achieved new text end 8.8 new text begin the cost savings. If the commissioner fails new text end 8.9 new text begin to realize five percent savings on inmate new text end 8.10 new text begin medical costs, the report shall contain a new text end 8.11 new text begin detailed explanation of why the savings were new text end 8.12 new text begin not realized. new text end 8.13 new text begin (c) new text end new text begin Juvenile Facilities; Report. new text end new text begin By new text end 8.14 new text begin December 1, 2011, the commissioner of new text end 8.15 new text begin corrections shall report to the chairs and new text end 8.16 new text begin ranking minority members of the house of new text end 8.17 new text begin representatives and senate committees with new text end 8.18 new text begin jurisdiction over public safety finance on new text end 8.19 new text begin the continued operation of the department's new text end 8.20 new text begin two juvenile facilities. In the report, the new text end 8.21 new text begin commissioner shall evaluate the cost savings new text end 8.22 new text begin to the department and state of closing one or new text end 8.23 new text begin both of the facilities. If the commissioner new text end 8.24 new text begin determines one or both of the facilities new text end 8.25 new text begin should remain open, the commissioner shall new text end 8.26 new text begin make recommendations on how to operate new text end 8.27 new text begin the facilities in the most cost-effective new text end 8.28 new text begin manner possible. If the commissioner new text end 8.29 new text begin recommends the closing of one or both of the new text end 8.30 new text begin juvenile facilities, the report shall contain new text end 8.31 new text begin recommendations for alternative placements new text end 8.32 new text begin for juvenile offenders and alternative uses new text end 8.33 new text begin for the facilities. new text end 8.34 new text begin (d) new text end new text begin Reform Working Group; Report. new text end new text begin (1) new text end 8.35 new text begin The commissioner of corrections shall form a new text end 8.36 new text begin working group to study the following topics: new text end 9.1 new text begin (i) adoption of an earned credit program for new text end 9.2 new text begin inmates in the state correctional facilities new text end 9.3 new text begin similar to the programs in 36 other states; new text end 9.4 new text begin (ii) the federal immigration and customs new text end 9.5 new text begin enforcement rapid REPAT program and the new text end 9.6 new text begin potential for the state to participate in the new text end 9.7 new text begin program; new text end 9.8 new text begin (iii) expanding the use of medical and other new text end 9.9 new text begin forms of early release; and new text end 9.10 new text begin (iv) the feasibility of closing a wing or an new text end 9.11 new text begin entire state facility or leasing vacant prison new text end 9.12 new text begin space to house inmates from other states. new text end 9.13 new text begin (2) The working group shall consist of new text end 9.14 new text begin corrections personnel, the state public new text end 9.15 new text begin defender, an individual representing victim new text end 9.16 new text begin services, a representative from the county new text end 9.17 new text begin attorneys association, a majority and new text end 9.18 new text begin minority member of the house Public Safety new text end 9.19 new text begin Committee and a majority and minority new text end 9.20 new text begin member of the senate Judiciary and Public new text end 9.21 new text begin Safety Committee, and any other members new text end 9.22 new text begin that the commissioner deems necessary. new text end 9.23 new text begin (3) The working group shall issue a report new text end 9.24 new text begin to the chair and ranking minority member new text end 9.25 new text begin of the house Public Safety Finance and new text end 9.26 new text begin Policy Committee and the chair and new text end 9.27 new text begin ranking minority member of the senate new text end 9.28 new text begin Judiciary and Public Safety Committee by new text end 9.29 new text begin January 15, 2012. The report must contain new text end 9.30 new text begin recommendations for each of the areas new text end 9.31 new text begin of study under paragraph (1) and specific new text end 9.32 new text begin recommendations concerning the use of new text end 9.33 new text begin earned credits for inmates that address: new text end 9.34 new text begin (i) the feasibility of an earned credit policy; new text end 10.1 new text begin (ii) the type and amount of earned credit that new text end 10.2 new text begin could be offered; new text end 10.3 new text begin (iii) the type of inmates to include and new text end 10.4 new text begin exclude from an earned credit program; and new text end 10.5 new text begin (iv) any potential cost savings that would new text end 10.6 new text begin result from issuing earned credit. new text end 10.7 10.8 new text begin Subd. 3. new text end new text begin Community new text end new text begin Services new text end new text begin 109,082,000 new text end new text begin 109,082,000 new text end 10.9 new text begin Appropriations by Fund new text end 10.10 new text begin General new text end new text begin 108,982,000 new text end new text begin 108,982,000 new text end 10.11 new text begin Special Revenue new text end new text begin 100,000 new text end new text begin 100,000 new text end 10.12 new text begin Probation Revocation Reform; Report. new text end new text begin new text end 10.13 new text begin The commissioner of corrections, in new text end 10.14 new text begin consultation with staff of the Sentencing new text end 10.15 new text begin Guidelines Commission and representatives new text end 10.16 new text begin from community corrections agencies, new text end 10.17 new text begin shall develop performance incentives for new text end 10.18 new text begin counties to reduce the number of probation new text end 10.19 new text begin revocations by at least ten percent. The new text end 10.20 new text begin commissioner is encouraged to review new text end 10.21 new text begin policies in states that have implemented new text end 10.22 new text begin performance incentive programs. The new text end 10.23 new text begin commissioner shall also examine and new text end 10.24 new text begin consider: new text end 10.25 new text begin (1) the revocation rate differences between new text end 10.26 new text begin counties; new text end 10.27 new text begin (2) granting earned compliance credits for new text end 10.28 new text begin offenders on probation; new text end 10.29 new text begin (3) recent innovations in probation services, new text end 10.30 new text begin such as the HOPE program and the new text end 10.31 new text begin Georgia model, to determine the feasibility new text end 10.32 new text begin of implementing similar programs in new text end 10.33 new text begin Minnesota; new text end 10.34 new text begin (4) limiting prison time for first time new text end 10.35 new text begin probation revocations; and new text end 11.1 new text begin (5) the impact of adopting one, unified new text end 11.2 new text begin probation and supervised release delivery new text end 11.3 new text begin system in the state. new text end 11.4 new text begin The commissioner shall submit a report to new text end 11.5 new text begin the chairs and ranking minority members new text end 11.6 new text begin of the house of representatives and senate new text end 11.7 new text begin committees with jurisdiction over public new text end 11.8 new text begin safety finance by January 15, 2012. new text end 11.9 11.10 new text begin Subd. 4. new text end new text begin Operations new text end new text begin Support new text end new text begin 20,344,000 new text end new text begin 20,344,000 new text end 11.11 new text begin Appropriations by Fund new text end 11.12 new text begin General new text end new text begin 20,134,000 new text end new text begin 20,134,000 new text end 11.13 new text begin Special Revenue new text end new text begin 210,000 new text end new text begin 210,000 new text end 11.14 new text begin Position Reductions. new text end new text begin At least 50 percent new text end 11.15 new text begin of the reductions in operations support must new text end 11.16 new text begin come from the elimination of, or reduction new text end 11.17 new text begin in benefits for, management positions. The new text end 11.18 new text begin commissioner shall focus the reductions new text end 11.19 new text begin in areas such as information technology, new text end 11.20 new text begin finance, and other areas that will not new text end 11.21 new text begin compromise line officer or public safety. The new text end 11.22 new text begin commissioner shall also work to eliminate new text end 11.23 new text begin positions that duplicate the duties of other new text end 11.24 new text begin department employees. new text end 11.25 new text begin Subd. 5. new text end new text begin Transfers new text end 11.26 new text begin (a) new text end new text begin MINNCOR. new text end new text begin Notwithstanding Minnesota new text end 11.27 new text begin Statutes, section 241.27, the commissioner new text end 11.28 new text begin of management and budget shall transfer new text end 11.29 new text begin $600,000 the first year and $600,000 the new text end 11.30 new text begin second year from the Minnesota correctional new text end 11.31 new text begin industries revolving fund to the general fund. new text end 11.32 new text begin These are onetime transfers. new text end 11.33 new text begin (b) new text end new text begin Various Special Revenue Accounts. new text end new text begin new text end 11.34 new text begin Notwithstanding any law to the contrary, new text end 11.35 new text begin the commissioner of management and new text end 12.1 new text begin budget shall transfer $400,000 the first year new text end 12.2 new text begin and $400,000 the second year from the new text end 12.3 new text begin Department of Corrections' special revenue new text end 12.4 new text begin accounts to the general fund. These are new text end 12.5 new text begin onetime transfers. The commissioner of new text end 12.6 new text begin corrections shall adjust expenditures to stay new text end 12.7 new text begin within the remaining revenues. new text end 12.8 Sec. 8. new text begin SUPREME COURT new text end 12.9 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 41,274,000 new text end new text begin $ new text end new text begin 39,575,000 new text end 12.10 new text begin The amounts that may be spent for each new text end 12.11 new text begin purpose are specified in the following new text end 12.12 new text begin subdivisions. new text end 12.13 new text begin Subd. 2. new text end new text begin Supreme Court Operations new text end new text begin 30,458,000 new text end new text begin 30,759,000 new text end 12.14 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 12.15 new text begin is for a contingent account for expenses new text end 12.16 new text begin necessary for the normal operation of the new text end 12.17 new text begin court for which no other reimbursement is new text end 12.18 new text begin provided. new text end 12.19 new text begin (b) new text end new text begin Employee Health Care. new text end new text begin new text end new text begin The chief new text end 12.20 new text begin justice of the Supreme Court shall study and new text end 12.21 new text begin report to the chairs and ranking minority new text end 12.22 new text begin members of the house of representatives and new text end 12.23 new text begin senate committees with jurisdiction over new text end 12.24 new text begin judiciary finance by January 15, 2012, on new text end 12.25 new text begin the advantages and disadvantages of having new text end 12.26 new text begin judicial branch officials and employees new text end 12.27 new text begin leave the state employee group insurance new text end 12.28 new text begin program and form their own group benefit new text end 12.29 new text begin plan, including the option of shifting to a new text end 12.30 new text begin plan based on high-deductible health savings new text end 12.31 new text begin accounts. new text end 12.32 new text begin Subd. 3. new text end new text begin Civil Legal Services new text end new text begin 10,816,000 new text end new text begin 8,816,000 new text end 12.33 new text begin (a) new text end new text begin Legal Services to Low-Income new text end 12.34 new text begin Clients in Family Law Matters. new text end new text begin Of this new text end 13.1 new text begin appropriation, $877,000 each year is to new text end 13.2 new text begin improve the access of low-income clients to new text end 13.3 new text begin legal representation in family law matters. new text end 13.4 new text begin This appropriation must be distributed new text end 13.5 new text begin under Minnesota Statutes, section 480.242, new text end 13.6 new text begin to the qualified legal services programs new text end 13.7 new text begin described in Minnesota Statutes, section new text end 13.8 new text begin 480.242, subdivision 2, paragraph (a). Any new text end 13.9 new text begin unencumbered balance remaining in the first new text end 13.10 new text begin year does not cancel and is available in the new text end 13.11 new text begin second year. new text end 13.12 new text begin (b) new text end new text begin Limits on Services. new text end new text begin No portion of the new text end 13.13 new text begin funds appropriated may be used to represent new text end 13.14 new text begin or serve clients: (1) in federal civil or new text end 13.15 new text begin criminal matters outside the jurisdiction of new text end 13.16 new text begin the state courts or agencies; (2) in suing a new text end 13.17 new text begin state or federal entity; and (3) in advocating new text end 13.18 new text begin at the legislature for or against current or new text end 13.19 new text begin proposed policy and law. new text end 13.20 Sec. 9. new text begin COURT OF APPEALS new text end new text begin $ new text end new text begin 10,106,000 new text end new text begin $ new text end new text begin 10,228,000 new text end 13.21 Sec. 10. new text begin TRIAL COURTS new text end new text begin $ new text end new text begin 233,347,000 new text end new text begin $ new text end new text begin 236,966,000 new text end 13.22 Sec. 11. new text begin GUARDIAN AD LITEM BOARD new text end new text begin $ new text end new text begin 11,988,000 new text end new text begin $ new text end new text begin 11,988,000 new text end 13.23 new text begin Case priority. new text end new text begin The board shall assign new text end 13.24 new text begin guardians to clients who are entitled by new text end 13.25 new text begin statute to representation prior to clients for new text end 13.26 new text begin whom the courts request guardians but who new text end 13.27 new text begin are not entitled to a guardian under statute. new text end 13.28 Sec. 12. new text begin TAX COURT new text end new text begin $ new text end new text begin 790,000 new text end new text begin $ new text end new text begin 790,000 new text end 13.29 new text begin Operating schedule. new text end new text begin At least one tax court new text end 13.30 new text begin judge shall hold hearings and meetings or new text end 13.31 new text begin otherwise conduct regular business on all new text end 14.1 new text begin days that executive branch agencies are open new text end 14.2 new text begin for business. new text end 14.3 Sec. 13. new text begin UNIFORM LAWS COMMISSION new text end new text begin $ new text end new text begin 30,000 new text end new text begin $ new text end new text begin 30,000 new text end 14.4 new text begin Membership dues. new text end new text begin This appropriation is new text end 14.5 new text begin to pay the state's membership dues to the new text end 14.6 new text begin National Uniform Laws Commission. No new text end 14.7 new text begin portion of this appropriation may be used to new text end 14.8 new text begin fund the travel or expenses of members of new text end 14.9 new text begin the commission. new text end 14.10 14.11 Sec. 14. new text begin BOARD ON JUDICIAL new text end new text begin STANDARDS new text end new text begin $ new text end new text begin 456,000 new text end new text begin $ new text end new text begin 456,000 new text end 14.12 Sec. 15. new text begin BOARD OF PUBLIC DEFENSE new text end new text begin $ new text end new text begin 64,726,000 new text end new text begin $ new text end new text begin 64,726,000 new text end 14.13 new text begin Public defense corporations new text end 14.14 new text begin representation. new text end new text begin Funds appropriated new text end 14.15 new text begin to public defense corporations shall new text end 14.16 new text begin only be used to defend clients who are new text end 14.17 new text begin constitutionally or statutorily entitled to a new text end 14.18 new text begin public defender and who meet the income new text end 14.19 new text begin eligibility standards in Minnesota Statutes, new text end 14.20 new text begin section 611.17. new text end 14.21 Sec. 16. new text begin SENTENCING GUIDELINES new text end new text begin $ new text end new text begin 586,000 new text end new text begin $ new text end new text begin 586,000 new text end 14.22 14.23 Sec. 17. new text begin PROHIBITION ON USE OF new text end new text begin APPROPRIATIONS new text end 14.24     new text begin No portion of the appropriations in sections 8 to 16 may be used for the purchase of new text end 14.25 new text begin motor vehicles or out-of-state travel that is not directly connected with and necessary to new text end 14.26 new text begin carry out the core functions of the organizations funded in this article. new text end 14.27    Sec. 18. new text begin SALARY FREEZE. new text end 14.28 new text begin (a) Effective July 1, 2011, a state employee funded in sections 8 to 16 may not new text end 14.29 new text begin receive a salary or wage increase. This section prohibits any increases, including but new text end 14.30 new text begin not limited to: across-the-board increases; cost-of-living adjustments; increases based new text end 14.31 new text begin on longevity; step increases; increases in the form of lump-sum payments; increases new text end 15.1 new text begin in employer contributions to deferred compensation plans; or any other pay grade new text end 15.2 new text begin adjustments of any kind. This section does not prohibit an increase in the rate of salary new text end 15.3 new text begin and wages for an employee who is promoted or transferred to a position with greater new text end 15.4 new text begin responsibilities and with a higher salary or wage rate. new text end 15.5 new text begin (b) This section expires on June 30, 2013. new text end 15.6    Sec. 19. new text begin CAPPING MILEAGE REIMBURSEMENT. new text end 15.7 new text begin For entities funded by an appropriation in sections 8 to 16, no official or employee new text end 15.8 new text begin may be reimbursed for mileage expenses at a rate that exceeds 51 cents per mile. new text end 15.9ARTICLE 2 15.10PUBLIC SAFETY, CORRECTIONS, AND HUMAN RIGHTS POLICY 15.11    Section 1. Minnesota Statutes 2010, section 243.212, is amended to read: 15.12243.212 CO-PAYMENTS FOR HEALTH SERVICES. 15.13Any inmate of an adult correctional facility under the control of the commissioner 15.14of corrections shall incur co-payment obligations for health care services provided. new text begin The new text end 15.15 new text begin co-payment shall be at least $5 per visit to a health care provider. new text end The co-payment will be 15.16paid from the inmate account of earnings and other funds, as provided in section 243.23, 15.17subdivision 3 . The funds paid under this subdivision are appropriated to the commissioner 15.18of corrections for the delivery of health care services to inmates. 15.19 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2011. new text end 15.20    Sec. 2. Minnesota Statutes 2010, section 297I.06, subdivision 3, is amended to read: 15.21    Subd. 3. Fire safety account, annual transfers, allocation. A special account, to 15.22be known as the fire safety account, is created in the state treasury. The account consists of 15.23the proceeds under subdivisions 1 and 2. $468,000 in fiscal year 2008, $4,268,000 in fiscal 15.24year 2009, $9,268,000 in fiscal year 2010, $5,968,000 in fiscal year 2011, new text begin $6,618,000 in new text end 15.25 new text begin fiscal year 2012, $6,618,000 in fiscal year 2013, new text end and $2,368,000 in each year thereafter is 15.26transferred from the fire safety account in the special revenue fund to the general fund 15.27to offset the loss of revenue caused by the repeal of the one-half of one percent tax on 15.28fire insurance premiums. 15.29    Sec. 3. Minnesota Statutes 2010, section 363A.06, subdivision 1, is amended to read: 15.30    Subdivision 1. Formulation of policies. (a) The commissioner shall formulate 15.31policies to effectuate the purposes of this chapter and shall do the following: 16.1    (1) exercise leadership under the direction of the governor in the development of 16.2human rights policies and programs, and make recommendations to the governor and the 16.3legislature for their consideration and implementation; 16.4    (2) establish and maintain a principal office in St. Paul, and any other necessary 16.5branch offices at any location within the state; 16.6    (3) meet and function at any place within the state; 16.7    (4) new text begin (3) new text end employ attorneys, clerks, and other employees and agents as the 16.8commissioner may deem necessary and prescribe their duties; 16.9    (5) new text begin (4) new text end to the extent permitted by federal law and regulation, utilize the records of 16.10the Department of Employment and Economic Development of the state when necessary 16.11to effectuate the purposes of this chapter; 16.12    (6) new text begin (5) new text end obtain upon request and utilize the services of all state governmental 16.13departments and agencies; 16.14    (7) new text begin (6) new text end adopt suitable rules for effectuating the purposes of this chapter; 16.15    (8) new text begin (7) new text end issue complaints, receive and investigate charges alleging unfair 16.16discriminatory practices, and determine whether or not probable cause exists for hearing; 16.17    (9) new text begin (8) new text end subpoena witnesses, administer oaths, take testimony, and require the 16.18production for examination of any books or papers relative to any matter under 16.19investigation or in question as the commissioner deems appropriate to carry out the 16.20purposes of this chapter; 16.21    (10) new text begin (9) new text end attempt, by means of education, conference, conciliation, and persuasion to 16.22eliminate unfair discriminatory practices as being contrary to the public policy of the state; 16.23    (11) develop and conduct programs of formal and informal education designed to 16.24eliminate discrimination and intergroup conflict by use of educational techniques and 16.25programs the commissioner deems necessary; 16.26    (12) new text begin (10) new text end make a written report of the activities of the commissioner to the governor 16.27each year; 16.28    (13) new text begin (11) new text end accept gifts, bequests, grants, or other payments public and private to help 16.29finance the activities of the department; 16.30    (14) new text begin (12) new text end create such local and statewide advisory committees as will in the 16.31commissioner's judgment aid in effectuating the purposes of the Department of Human 16.32Rights; 16.33    (15) develop such programs as will aid in determining the compliance throughout 16.34the state with the provisions of this chapter, and in the furtherance of such duties, conduct 16.35research and study discriminatory practices based upon race, color, creed, religion, 16.36national origin, sex, age, disability, marital status, status with regard to public assistance, 17.1familial status, sexual orientation, or other factors and develop accurate data on the nature 17.2and extent of discrimination and other matters as they may affect housing, employment, 17.3public accommodations, schools, and other areas of public life; 17.4    (16) new text begin (13) new text end develop and disseminate technical assistance to persons subject to the 17.5provisions of this chapter, and to agencies and officers of governmental and private 17.6agencies; 17.7    (17) new text begin (14) new text end provide staff services to such advisory committees as may be created in 17.8aid of the functions of the Department of Human Rights; 17.9    (18) new text begin (15) new text end make grants in aid to the extent that appropriations are made available for 17.10that purpose in aid of carrying out duties and responsibilities; and 17.11    (19) new text begin (16) new text end cooperate and consult with the commissioner of labor and industry 17.12regarding the investigation of violations of, and resolution of complaints regarding section 17.13363A.08, subdivision 7 . new text begin The commissioner may use nonstate funds to develop and new text end 17.14 new text begin conduct programs of formal and informal education designed to eliminate discrimination new text end 17.15 new text begin and further compliance with this chapter. new text end 17.16    In performing these duties, the commissioner shall give priority to those duties in 17.17clauses new text begin (7), new text end (8), new text begin and new text end (9), and (10) and to the duties in section . 17.18    (b) All gifts, bequests, grants, or other payments, public and private, accepted under 17.19paragraph (a), clause (13) new text begin (11) new text end , must be deposited in the state treasury and credited to a 17.20special account. Money in the account is appropriated to the commissioner of human 17.21rights to help finance activities of the department. 17.22 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2011. new text end 17.23    Sec. 4. Minnesota Statutes 2010, section 363A.36, subdivision 1, is amended to read: 17.24    Subdivision 1. Scope of application. (a) For all contracts for goods and services in 17.25excess of $100,000 new text begin $250,000 new text end , no department or agency of the state shall accept any bid or 17.26proposal for a contract or agreement from any business having more than 40 new text begin 50 new text end full-time 17.27employees within this state on a single working day during the previous 12 months, unless 17.28the commissioner is in receipt of the business' affirmative action plan for the employment 17.29of minority persons, women, and qualified disabled individuals. No department or agency 17.30of the state shall execute any such contract or agreement until the affirmative action plan 17.31has been approved by the commissioner. Receipt of a certificate of compliance issued by 17.32the commissioner shall signify that a firm or business has an affirmative action plan that 17.33has been approved by the commissioner. A certificate shall be valid for a period of two new text begin new text end 17.34 new text begin five new text end years. A municipality as defined in section 466.01, subdivision 1, that receives state 17.35money for any reason is encouraged to prepare and implement an affirmative action plan 18.1for the employment of minority persons, women, and the qualified disabled and submit the 18.2plan to the commissioner. 18.3    (b) This paragraph applies to a contract for goods or services in excess of $100,000 new text begin new text end 18.4 new text begin $250,000 new text end to be entered into between a department or agency of the state and a business 18.5that is not subject to paragraph (a), but that has more than 40 new text begin 50 new text end full-time employees on 18.6a single working day during the previous 12 months in the state where the business has 18.7its primary place of business. A department or agency of the state may not execute a 18.8contract or agreement with a business covered by this paragraph unless the business has a 18.9certificate of compliance issued by the commissioner under paragraph (a) or the business 18.10certifies that it is in compliance with federal affirmative action requirements. 18.11    (c) This section does not apply to contracts entered into by the State Board of 18.12Investment for investment options under section 352.965, subdivision 4. 18.13 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2011. new text end 18.14    Sec. 5. Minnesota Statutes 2010, section 609.105, subdivision 1, is amended to read: 18.15    Subdivision 1. Sentence to more than one year new text begin 60 days or less new text end . new text begin In new text end a felony 18.16sentence to imprisonment for more than one year shall commit new text begin , when the remaining term new text end 18.17 new text begin of imprisonment is for 60 days or less, new text end the defendant new text begin shall be committed new text end to the custody of 18.18the commissioner of corrections new text begin and must serve the remaining term of imprisonment at a new text end 18.19 new text begin workhouse, work farm, county jail, or other place authorized by law new text end . 18.20 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2011. new text end 18.21    Sec. 6. Minnesota Statutes 2010, section 609.105, is amended by adding a subdivision 18.22to read: 18.23     new text begin Subd. 1c. new text end new text begin Sentence to more than 60 days. new text end new text begin A felony sentence to imprisonment new text end 18.24 new text begin when the warrant of commitment has a remaining term of imprisonment for more than 60 new text end 18.25 new text begin days shall commit the defendant to the custody of the commissioner of corrections. new text end 18.26 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2011. new text end 18.27    Sec. 7. Minnesota Statutes 2010, section 609.105, is amended by adding a subdivision 18.28to read: 18.29     new text begin Subd. 4. new text end new text begin Definitions. new text end new text begin (a) For the purposes of this section, the terms in this new text end 18.30 new text begin subdivision have the meanings given them. new text end 18.31 new text begin (b) "Remaining term of imprisonment" as applied to inmates whose crimes were new text end 18.32 new text begin committed before August 1, 1993, is the period of time for which an inmate is committed new text end 19.1 new text begin to the custody of the commissioner of corrections minus earned good time and jail credit, new text end 19.2 new text begin if any. new text end 19.3 new text begin (c) "Remaining term of imprisonment" as applied to inmates whose crimes were new text end 19.4 new text begin committed on or after August 1, 1993, is the period of time equal to two-thirds of the new text end 19.5 new text begin inmate's executed sentence, minus jail credit, if any. new text end 19.6 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2011. new text end 19.7    Sec. 8. new text begin [609.3458] INDETERMINATE SENTENCE FOR PREDATORY SEX new text end 19.8 new text begin OFFENDERS. new text end 19.9     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin As used in this section: new text end 19.10 new text begin (1) "sex offense" means a violation of section 609.342, 609.343, 609.344, or 609.345; new text end 19.11 new text begin (2) "predatory sex offender" means a person who: new text end 19.12 new text begin (i) is unable to control the person's sexual impulses; new text end 19.13 new text begin (ii) is dangerous to other persons; and new text end 19.14 new text begin (iii) has a pattern of harmful sexual conduct; and new text end 19.15 new text begin (3) "harmful sexual conduct" means sexual conduct that creates a substantial new text end 19.16 new text begin likelihood of serious physical or emotional harm to another. new text end 19.17     new text begin Subd. 2. new text end new text begin Applicability. new text end new text begin A prosecuting attorney may charge a person under this new text end 19.18 new text begin section when probable cause exists that the person: new text end 19.19 new text begin (1) committed a sex offense; and new text end 19.20 new text begin (2) is a predatory sex offender. new text end 19.21     new text begin Subd. 3. new text end new text begin Procedures. new text end new text begin A person subject to prosecution under this section shall have new text end 19.22 new text begin a bifurcated trial. The first phase of the trial shall determine the person's guilt on the sex new text end 19.23 new text begin offense charge. If the person is found guilty of the sex offense, the second phase of the new text end 19.24 new text begin trial shall determine whether the person is a predatory sex offender. In both phases of the new text end 19.25 new text begin trial, the burden of proof is on the state and the standard of proof is beyond a reasonable new text end 19.26 new text begin doubt. A person charged under this section has all of the rights of a criminal defendant in new text end 19.27 new text begin both phases of the trial. new text end 19.28     new text begin Subd. 4. new text end new text begin Indeterminate sentence; minimum and maximum term specified. new text end new text begin (a) A new text end 19.29 new text begin person convicted of a sex offense who has been found by the fact finder to be a predatory new text end 19.30 new text begin sex offender shall be committed to the custody of the commissioner of corrections for the new text end 19.31 new text begin term required by paragraph (b). new text end 19.32 new text begin (b) The minimum sentence of incarceration for offenders sentenced under paragraph new text end 19.33 new text begin (a) shall be twice the presumptive sentence under the sentencing guidelines for a person new text end 19.34 new text begin with the offender's criminal history. When the sentencing guidelines presume a stayed new text end 19.35 new text begin sentence for the sex offense, the court shall specify a minimum sentence. Notwithstanding new text end 20.1 new text begin any law to the contrary and the statutory maximum sentence for the offense, the maximum new text end 20.2 new text begin sentence is 60 years. new text end 20.3 new text begin (c) A person sentenced under this section and subsequently released shall be placed new text end 20.4 new text begin on conditional release as provided for in subdivision 9. new text end 20.5 new text begin (d) Notwithstanding section 609.135, the court may not stay the imposition or new text end 20.6 new text begin execution of the sentence required by this subdivision. An offender committed to the new text end 20.7 new text begin custody of the commissioner of corrections under this section may not be released from new text end 20.8 new text begin incarceration except as provided in this section and section 244.05, subdivision 8. new text end 20.9     new text begin Subd. 5. new text end new text begin Sentence of persons not found to be predatory sex offenders. new text end new text begin If the new text end 20.10 new text begin person is convicted of the sex offense but is not determined to be a predatory sex offender, new text end 20.11 new text begin the court shall sentence the offender as otherwise provided by law. new text end 20.12     new text begin Subd. 6. new text end new text begin Release authority. new text end new text begin The commissioner of corrections, under rules adopted new text end 20.13 new text begin by the commissioner, may grant supervised release to offenders sentenced under this new text end 20.14 new text begin section. new text end 20.15     new text begin Subd. 7. new text end new text begin Petition for release, hearing. new text end new text begin (a) A person who has served the minimum new text end 20.16 new text begin period of incarceration to which the person was sentenced may petition the commissioner new text end 20.17 new text begin of corrections for release. The commissioner shall hold a hearing on each petition new text end 20.18 new text begin for release prior to making any determination. Within 45 days of the hearing, the new text end 20.19 new text begin commissioner shall give written notice of the time and place of the hearing to all interested new text end 20.20 new text begin parties, including the petitioner, the sentencing court, the county attorney's office that new text end 20.21 new text begin prosecuted the case, and any victims of the crime who requested notification. The hearing new text end 20.22 new text begin must be held on the record. Upon the approval of the commissioner, the petitioner may new text end 20.23 new text begin subpoena witnesses to appear at the hearing. new text end 20.24 new text begin (b) If the commissioner determines the person satisfies the criteria for conditional new text end 20.25 new text begin release, the commissioner shall release the person from incarceration no later than 14 new text end 20.26 new text begin days after making a determination. new text end 20.27 new text begin (c) If the commissioner rejects the person's petition for release, the commissioner new text end 20.28 new text begin must specify in writing the reasons for the rejection. The person may not petition for new text end 20.29 new text begin release again until 24 months have elapsed since the rejection, unless the commissioner new text end 20.30 new text begin specifies a shorter time period. new text end 20.31     new text begin Subd. 8. new text end new text begin Criteria for release. new text end new text begin (a) A person sentenced under this section shall not new text end 20.32 new text begin be released from incarceration unless it appears to the satisfaction of the commissioner new text end 20.33 new text begin that the person: new text end 20.34 new text begin (1) no longer poses a threat to the public; new text end 20.35 new text begin (2) is no longer in need of programming in a secure facility; and new text end 20.36 new text begin (3) is capable of reintegration with the general public. new text end 21.1 new text begin (b) The person seeking release has the burden of showing, by clear and convincing new text end 21.2 new text begin evidence, that the criteria in paragraph (a) have been met. new text end 21.3     new text begin Subd. 9. new text end new text begin Conditional release. new text end new text begin (a) A person sentenced under this section shall serve, new text end 21.4 new text begin upon release from incarceration, a conditional release term. The conditional release term new text end 21.5 new text begin shall be the 60-year maximum term under this section less the amount of time actually new text end 21.6 new text begin served, but the term cannot be less than ten years. new text end 21.7 new text begin (b) The commissioner of corrections shall establish the conditions of release for a new text end 21.8 new text begin person granted conditional release. new text end 21.9 new text begin (c) The county attorney in the county where the conviction occurred, the person's new text end 21.10 new text begin conditional release agent, or any other interested party may file a petition with the court new text end 21.11 new text begin alleging that the person failed to satisfy any condition of release. If the court determines new text end 21.12 new text begin that a person has violated a condition of release, the court may order an appropriate new text end 21.13 new text begin sanction, including, but not limited to, incarcerating the person for a period specified by new text end 21.14 new text begin the court in a local or state correctional facility. The period may be of any duration up to new text end 21.15 new text begin the remainder of time left in the person's conditional release term. new text end 21.16 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2013, and applies to crimes new text end 21.17 new text begin committed on or after that date. new text end 21.18    Sec. 9. Minnesota Statutes 2010, section 626.8458, subdivision 5, is amended to read: 21.19    Subd. 5. In-service training in police pursuits required. The chief law 21.20enforcement officer of every state and local law enforcement agency shall provide 21.21in-service training in emergency vehicle operations and in the conduct of police pursuits 21.22to every peace officer and part-time peace officer employed by the agency who the 21.23chief law enforcement officer determines may be involved in a police pursuit given the 21.24officer's responsibilities. The training shall comply with learning objectives developed 21.25and approved by the board and shall consist of at least eight hours of classroom and 21.26skills-based training every four new text begin five new text end years. 21.27    Sec. 10. Minnesota Statutes 2010, section 641.15, subdivision 2, is amended to read: 21.28    Subd. 2. Medical aid. Except as provided in section 466.101, the county board 21.29shall pay the costs of medical services provided to prisoners new text begin pursuant to this section new text end . 21.30The amount paid by the Anoka county board for a medical service shall not exceed the 21.31maximum allowed medical assistance payment rate for the service, as determined by 21.32the commissioner of human services. For all other counties, new text begin In the absence of a health new text end 21.33 new text begin or medical insurance or health plan that has a contractual obligation with the provider or new text end 21.34 new text begin the prisoner, new text end medical providers shall charge no higher than the rate negotiated between 22.1the county and the provider. In the absence of an agreement between the county and the 22.2provider, the provider may new text begin not new text end charge no more than the discounted rate the provider 22.3has negotiated with the nongovernmental third-party payer that provided the most 22.4revenue to the provider during the previous calendar year new text begin an amount that exceeds the new text end 22.5 new text begin maximum allowed medical assistance payment rate for the service, as determined by new text end 22.6 new text begin the commissioner of human services new text end . The county is entitled to reimbursement from the 22.7prisoner for payment of medical bills to the extent that the prisoner to whom the medical 22.8aid was provided has the ability to pay the bills. The prisoner shall, at a minimum, incur 22.9co-payment obligations for health care services provided by a county correctional facility. 22.10The county board shall determine the co-payment amount. Notwithstanding any law to the 22.11contrary, the co-payment shall be deducted from any of the prisoner's funds held by the 22.12county, to the extent possible. If there is a disagreement between the county and a prisoner 22.13concerning the prisoner's ability to pay, the court with jurisdiction over the defendant shall 22.14determine the extent, if any, of the prisoner's ability to pay for the medical services. If 22.15a prisoner is covered by health or medical insurance or other health plan when medical 22.16services are provided, new text begin the medical provider shall bill that health or medical insurance or new text end 22.17 new text begin other plan. If new text end the county providing the medical services new text begin for a prisoner that has coverage new text end 22.18 new text begin under health or medical insurance or other plan, that county new text end has a right of subrogation to 22.19be reimbursed by the insurance carrier for all sums spent by it for medical services to the 22.20prisoner that are covered by the policy of insurance or health plan, in accordance with the 22.21benefits, limitations, exclusions, provider restrictions, and other provisions of the policy or 22.22health plan. The county may maintain an action to enforce this subrogation right. The 22.23county does not have a right of subrogation against the medical assistance program or the 22.24general assistance medical care program. 22.25 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2011. new text end 22.26    Sec. 11. new text begin JUVENILE JUSTICE REFORM ADVISORY TASK FORCE. new text end 22.27     new text begin Subdivision 1. new text end new text begin Creation; duties. new text end new text begin (a) A task force is established to study, evaluate, new text end 22.28 new text begin and analyze issues related to juvenile justice reform. At a minimum, the task force shall new text end 22.29 new text begin examine the following issues and assess whether and how a change to law, rule, or practice new text end 22.30 new text begin would best serve public safety, address the needs of juvenile offenders, and promote new text end 22.31 new text begin cost-efficiency or cost-savings in the juvenile justice system: new text end 22.32 new text begin (1) the purpose and intent of the delinquency and child protection provisions of new text end 22.33 new text begin the Juvenile Court Act; new text end 22.34 new text begin (2) the age at which a juvenile who is alleged of committing a felony may be new text end 22.35 new text begin certified as an adult or prosecuted as an extended jurisdiction juvenile; new text end 23.1 new text begin (3) the minimum age at which a juvenile may be prosecuted for committing a new text end 23.2 new text begin delinquent act or a petty juvenile offense; new text end 23.3 new text begin (4) the age at which the juvenile court's jurisdiction over the following individuals new text end 23.4 new text begin should terminate: delinquent children, juvenile petty offenders, and extended jurisdiction new text end 23.5 new text begin juveniles; new text end 23.6 new text begin (5) laws relating to juvenile records, including data classifications, retention periods, new text end 23.7 new text begin expungement provisions, effect on future juvenile and adult sentencing, and restrictions on new text end 23.8 new text begin the release of records by different agencies and the courts; new text end 23.9 new text begin (6) laws which prevent youth involved with the CHIPs, juvenile justice, or adult new text end 23.10 new text begin court systems from later being employed in various jobs; new text end 23.11 new text begin (7) laws relating to continuances and stays of adjudication in juvenile delinquency new text end 23.12 new text begin cases, including length of continuance or stay, extensions, collateral consequences, and new text end 23.13 new text begin disposition of such cases; and new text end 23.14 new text begin (8) laws relating to diversion in juvenile cases, including eligibility, program new text end 23.15 new text begin components, and diversion alternatives. new text end 23.16 new text begin (b) In addition, the task force shall: new text end 23.17 new text begin (1) identify the types of dispositions, including treatment and counseling, that new text end 23.18 new text begin have been most and least successful in reforming and treating juvenile offenders and in new text end 23.19 new text begin deterring juvenile offenders from committing specific crimes; and new text end 23.20 new text begin (2) identify the types of dispositions, including treatment and counseling, that have new text end 23.21 new text begin been the most and least cost-effective in reforming, treating, and deterring juvenile new text end 23.22 new text begin offenders. new text end 23.23 new text begin (c) In its evaluation and analysis, the task force shall consider approaches taken new text end 23.24 new text begin by other states in these areas and may examine other issues that the task force or new text end 23.25 new text begin commissioner of corrections finds relevant. new text end 23.26     new text begin Subd. 2. new text end new text begin Membership. new text end new text begin The task force consists of the following members: new text end 23.27 new text begin (1) the commissioner of corrections, or the commissioner's designee; new text end 23.28 new text begin (2) the commissioner of public safety, or the commissioner's designee; new text end 23.29 new text begin (3) the commissioner of human services, or the commissioner's designee; new text end 23.30 new text begin (4) the chairs and ranking minority members of the house of representatives and new text end 23.31 new text begin senate committees having jurisdiction over criminal justice policy, or their designees; new text end 23.32 new text begin (5) a county attorney selected by the Minnesota County Attorneys Association; new text end 23.33 new text begin (6) a representative from the Board of Public Defense, selected by that board; new text end 23.34 new text begin (7) a representative of the Minnesota Chiefs of Police Association; new text end 23.35 new text begin (8) a representative of the Minnesota Sheriffs Association; new text end 23.36 new text begin (9) a juvenile probation officer selected by the commissioner of corrections; new text end 24.1 new text begin (10) a member of the Juvenile Justice Advisory Committee, selected by that new text end 24.2 new text begin committee; new text end 24.3 new text begin (11) a member of the Juvenile Justice Coalition, selected by that coalition; and new text end 24.4 new text begin (12) a law professor who is knowledgeable in juvenile justice issues, selected by new text end 24.5 new text begin the commissioner of corrections. new text end 24.6     new text begin Subd. 3. new text end new text begin Meetings. new text end new text begin The commissioner of corrections, or the commissioner's new text end 24.7 new text begin designee, shall convene the initial meeting of the task force. The members of the task new text end 24.8 new text begin force must elect a chair or co-chairs at the initial meeting. The task force shall meet new text end 24.9 new text begin sufficiently enough to accomplish the tasks identified in this section. new text end 24.10     new text begin Subd. 4. new text end new text begin Terms; compensation; removal; vacancies. new text end new text begin The expiration, membership new text end 24.11 new text begin terms, removal of members, and filling of vacancies on the task force shall be as provided new text end 24.12 new text begin in Minnesota Statutes, section 15.059. Members shall serve without compensation and new text end 24.13 new text begin expense reimbursement. The task force expires June 30, 2012. new text end 24.14     new text begin Subd. 5. new text end new text begin Report. new text end new text begin By January 15, 2012, the task force shall submit its report, new text end 24.15 new text begin including any proposed legislative changes, to the chairs and ranking minority members new text end 24.16 new text begin of the house of representatives and senate committees with jurisdiction over criminal new text end 24.17 new text begin justice policy and funding. new text end 24.18 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 24.19    Sec. 12. new text begin SEX OFFENDER POLICY TASK FORCE. new text end 24.20     new text begin Subdivision 1. new text end new text begin Creation; duties. new text end new text begin (a) A task force is established to study, evaluate, new text end 24.21 new text begin and analyze issues related to sex offenders. At a minimum, the task force shall examine new text end 24.22 new text begin and make recommendations on the following issues: new text end 24.23 new text begin (1) sex offender sentencing, including expanded use of indeterminate sentencing new text end 24.24 new text begin and implementation of section 8; new text end 24.25 new text begin (2) sex offender treatment, both in prison and in the community; new text end 24.26 new text begin (3) sex offender civil commitment, including less costly alternatives; new text end 24.27 new text begin (4) the effectiveness in cost and outcomes of the Minnesota sex offender program; new text end 24.28 new text begin (5) best practices for supervising sex offenders such as intensive supervised release, new text end 24.29 new text begin specialized caseloads, and other innovative methods; ideal caseload sizes for supervising new text end 24.30 new text begin agents; and methods to implement this in a manner that does not negatively impact the new text end 24.31 new text begin supervision of other types of offenders; new text end 24.32 new text begin (6) sex offender community notification and registration, including the effectiveness new text end 24.33 new text begin of posting offender information on the Internet; and new text end 24.34 new text begin (7) any other issues related to sex offender management and treatment that the task new text end 24.35 new text begin force deems appropriate. new text end 25.1 new text begin (b) In its evaluation and analysis, the task force shall consider approaches taken by new text end 25.2 new text begin other states in the areas in paragraph (a). new text end 25.3     new text begin Subd. 2. new text end new text begin Membership. new text end new text begin The task force consists of the following members: new text end 25.4 new text begin (1) the commissioner of public safety, or the commissioner's designee; new text end 25.5 new text begin (2) the commissioner of corrections, or the commissioner's designee; new text end 25.6 new text begin (3) the commissioner of human services, or the commissioner's designee; new text end 25.7 new text begin (4) the chairs and ranking minority members of the house of representatives and new text end 25.8 new text begin senate committees having jurisdiction over public safety finance and human services new text end 25.9 new text begin finance, or their designees; new text end 25.10 new text begin (5) a county attorney, selected by the Minnesota County Attorneys Association; new text end 25.11 new text begin (6) one representative from the Board of Public Defense, selected by that board; new text end 25.12 new text begin (7) a representative of the Minnesota Chiefs of Police Association; new text end 25.13 new text begin (8) a representative of the Minnesota Sheriffs Association; new text end 25.14 new text begin (9) a probation officer, selected by the commissioner of corrections; new text end 25.15 new text begin (10) a representative of the Minnesota Police and Peace Officers Association; and new text end 25.16 new text begin (11) a sex offender treatment provider who is privately employed, selected by the new text end 25.17 new text begin commissioner of human services. new text end 25.18     new text begin Subd. 3. new text end new text begin Meetings. new text end new text begin The commissioner of public safety, or the commissioner's new text end 25.19 new text begin designee, shall convene the initial meeting of the task force and serve as the chair. The new text end 25.20 new text begin task force shall meet sufficiently enough to accomplish the tasks identified in this section. new text end 25.21     new text begin Subd. 4. new text end new text begin Terms; compensation; removal; vacancies. new text end new text begin The expiration, membership new text end 25.22 new text begin terms, removal of members, and filling of vacancies on the task force shall be as provided new text end 25.23 new text begin in Minnesota Statutes, section 15.059. Members shall serve without compensation and new text end 25.24 new text begin expense reimbursement. The task force expires June 30, 2012. new text end 25.25     new text begin Subd. 5. new text end new text begin Report. new text end new text begin By January 15, 2012, the task force shall submit its report, new text end 25.26 new text begin including any proposed legislative changes, to the chairs and ranking minority members of new text end 25.27 new text begin the house of representatives and senate committees with jurisdiction over public safety new text end 25.28 new text begin policy and finance and human services policy and finance. new text end 25.29 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 25.30    Sec. 13. new text begin ACQUISITION OF EASEMENT; MINNESOTA CORRECTIONAL new text end 25.31 new text begin FACILITY IN FARIBAULT. new text end 25.32 new text begin Notwithstanding Minnesota Statutes, section 16B.31, subdivision 5, the new text end 25.33 new text begin commissioner of administration may acquire an easement for utility and access purposes to new text end 25.34 new text begin serve the Minnesota correctional facility in the city of Faribault by any of the acquisition new text end 26.1 new text begin methods permitted by that subdivision even in the absence of a specific appropriation to new text end 26.2 new text begin the commissioner to acquire the easement. new text end 26.3    Sec. 14. new text begin REPEALER. new text end 26.4 new text begin Minnesota Statutes 2010, section 363A.36, subdivision 5, new text end new text begin is repealed. new text end 26.5 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2011. new text end 26.6ARTICLE 3 26.7COURTS AND SENTENCING 26.8    Section 1. Minnesota Statutes 2010, section 169.79, subdivision 6, is amended to read: 26.9    Subd. 6. Other motor vehicles. If the motor vehicle is any kind of motor vehicle 26.10other than those provided for in subdivisions 2 to 4, one plate new text begin two plates new text end must be displayed 26.11on new text begin . One plate must be displayed at new text end the front and one on the rear of the vehicle new text begin and one new text end 26.12 new text begin at the back. The two plates must either be mounted on the front and rear bumpers of new text end 26.13 new text begin the vehicle or on the front and back of the vehicle exterior in places designed to hold a new text end 26.14 new text begin license plate new text end . 26.15    Sec. 2. Minnesota Statutes 2010, section 169.797, subdivision 4, is amended to read: 26.16    Subd. 4. Penalty. (a) A person who violates this section is guilty of a misdemeanor. 26.17A person is guilty of a gross misdemeanor who violates this section within ten years 26.18of the first of two prior convictions under this section, section 169.791, or a statute or 26.19ordinance in conformity with one of those sections. The operator of a vehicle who violates 26.20subdivision 3 and who causes or contributes to causing a vehicle accident that results in 26.21the death of any person or in substantial bodily harm to any person, as defined in section 26.22609.02, subdivision 7a , is guilty of a gross misdemeanor. The same prosecuting authority 26.23who is responsible for prosecuting misdemeanor violations of this section is responsible 26.24for prosecuting gross misdemeanor violations of this section. In addition to any sentence 26.25of imprisonment that the court may impose on a person convicted of violating this section, 26.26the court shall impose a fine of not less than $200 nor more than the maximum amount 26.27authorized by law. The court may allow community service in lieu of any fine imposed if 26.28the defendant is indigent. 26.29 new text begin (b) A driver who is the owner of the vehicle may, no later than the date and time new text end 26.30 new text begin specified in the citation for the driver's first court appearance, produce proof of insurance new text end 26.31 new text begin stating that security had been provided for the vehicle that was being operated at the time new text end 26.32 new text begin of demand to the court administrator. The required proof of insurance may be sent by mail new text end 27.1 new text begin by the driver as long as it is received no later than the date and time specified in the new text end 27.2 new text begin citation for the driver's first court appearance. If a citation is issued, no person shall be new text end 27.3 new text begin convicted of violating this section if the court administrator receives the required proof of new text end 27.4 new text begin insurance no later than the date and time specified in the citation for the driver's first court new text end 27.5 new text begin appearance. If the charge is made other than by citation, no person shall be convicted of new text end 27.6 new text begin violating this section if the person presents the required proof of insurance at the person's new text end 27.7 new text begin first court appearance after the charge is made. new text end 27.8 new text begin (c) If the driver is not the owner of the vehicle, the driver shall, no later than the new text end 27.9 new text begin date and time specified in the citation for the driver's first court appearance, provide the new text end 27.10 new text begin district court administrator with proof of insurance or the name and address of the owner. new text end 27.11 new text begin Upon receipt of the name and address of the owner, the district court administrator shall new text end 27.12 new text begin communicate the information to the law enforcement agency. new text end 27.13 new text begin (d) If the driver is not the owner of the vehicle, the officer may send or provide a new text end 27.14 new text begin notice to the owner of the vehicle requiring the owner to produce proof of insurance for new text end 27.15 new text begin the vehicle that was being operated at the time of the demand. Notice by mail is presumed new text end 27.16 new text begin to be received five days after mailing and shall be sent to the owner's current address or the new text end 27.17 new text begin address listed on the owner's driver's license. Within ten days after receipt of the notice, new text end 27.18 new text begin the owner shall produce the required proof of insurance to the place stated in the notice new text end 27.19 new text begin received by the owner. The required proof of insurance may be sent by mail by the owner new text end 27.20 new text begin as long as it is received within ten days. Any owner who fails to produce proof of insurance new text end 27.21 new text begin within ten days of an officer's request under this subdivision is guilty of a misdemeanor. new text end 27.22 new text begin The peace officer may mail the citation to the owner's current address or address stated new text end 27.23 new text begin on the owner's driver's license. It is an affirmative defense to a charge against the owner new text end 27.24 new text begin that the driver used the owner's vehicle without consent, if insurance would not have been new text end 27.25 new text begin required in the absence of the unauthorized use by the driver. It is not a defense that a new text end 27.26 new text begin person failed to notify the Department of Public Safety of a change of name or address as new text end 27.27 new text begin required under section 171.11. The citation may be sent after the ten-day period. new text end 27.28(b) new text begin (e) new text end The court may impose consecutive sentences for offenses arising out of a 27.29single course of conduct as permitted in section 609.035, subdivision 2. 27.30(c) new text begin (f) new text end In addition to the criminal penalty, the driver's license of an operator convicted 27.31under this section shall be revoked for not more than 12 months. If the operator is also an 27.32owner of the vehicle, the registration of the vehicle shall also be revoked for not more 27.33than 12 months. Before reinstatement of a driver's license or registration, the operator 27.34shall file with the commissioner of public safety the written certificate of an insurance 27.35carrier authorized to do business in this state stating that security has been provided by the 27.36operator as required by section 65B.48. 28.1(d) new text begin (g) new text end The commissioner shall include a notice of the penalties contained in this 28.2section on all forms for registration of vehicles required to maintain a plan of reparation 28.3security. 28.4    Sec. 3. Minnesota Statutes 2010, section 260C.331, subdivision 3, is amended to read: 28.5    Subd. 3. Court expenses. The following expenses are a charge upon the county 28.6in which proceedings are held upon certification of the judge of juvenile court or upon 28.7such other authorization provided by law: 28.8(1) the fees and mileage of witnesses, and the expenses and mileage of officers 28.9serving notices and subpoenas ordered by the court, as prescribed by law; 28.10(2) the expense of transporting a child to a place designated by a child-placing agency 28.11for the care of the child if the court transfers legal custody to a child-placing agency; 28.12(3) the expense of transporting a minor to a place designated by the court; 28.13(4) reasonable compensation for an attorney appointed by the court to serve as 28.14counsel. 28.15The State Guardian Ad Litem Board shall pay for guardian ad litem expenses 28.16and reasonable compensation for an attorney to serve as counsel for a guardian ad 28.17litem, if necessary. new text begin In no event may the court order that guardian ad litem expenses or new text end 28.18 new text begin compensation for an attorney serving as counsel for a guardian ad litem be charged to new text end 28.19 new text begin a county. new text end 28.20    Sec. 4. Minnesota Statutes 2010, section 357.021, subdivision 6, is amended to read: 28.21    Subd. 6. Surcharges on criminal and traffic offenders. (a) Except as provided 28.22in this paragraph, the court shall impose and the court administrator shall collect a $75 28.23surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or 28.24petty misdemeanor offense, other than a violation of a law or ordinance relating to vehicle 28.25parking, for which there shall be a $12 surcharge. When a defendant is convicted of more 28.26than one offense in a case, the surcharge shall be imposed only once in that case. In the 28.27Second Judicial District, the court shall impose, and the court administrator shall collect, 28.28an additional $1 surcharge on every person convicted of any felony, gross misdemeanor, 28.29misdemeanor, or petty misdemeanor offense, including a violation of a law or ordinance 28.30relating to vehicle parking, if the Ramsey County Board of Commissioners authorizes the 28.31$1 surcharge. The surcharge shall be imposed whether or not the person is sentenced to 28.32imprisonment or the sentence is stayed. The surcharge shall not be imposed when a person 28.33is convicted of a petty misdemeanor for which no fine is imposed. 29.1    (b) If the court fails to impose a surcharge as required by this subdivision, the court 29.2administrator shall show the imposition of the surcharge, collect the surcharge, and 29.3correct the record. 29.4    (c) The court may not waive payment of the surcharge required under this 29.5subdivision. Upon a showing of indigency or undue hardship upon the convicted person 29.6or the convicted person's immediate family, the sentencing court may authorize payment 29.7of the surcharge in installments. 29.8    (d) The court administrator or other entity collecting a surcharge shall forward it to 29.9the commissioner of management and budget. 29.10    (e) If the convicted person is sentenced to imprisonment and has not paid the 29.11surcharge before the term of imprisonment begins, the chief executive officer of the 29.12correctional facility in which the convicted person is incarcerated shall collect the 29.13surcharge from any earnings the inmate accrues from work performed in the facility 29.14or while on conditional release. The chief executive officer shall forward the amount 29.15collected to the court administrator or other entity collecting the surcharge imposed by 29.16the court. 29.17(f) A person who successfully completes a diversion or similar program new text begin enters new text end 29.18 new text begin a diversion program, continuance without prosecution, continuance for dismissal, or new text end 29.19 new text begin stay of adjudication new text end for a violation of chapter 169 must pay the surcharge described in 29.20this subdivision. new text begin A surcharge imposed under this paragraph shall be imposed only once new text end 29.21 new text begin per case. new text end 29.22(g) The surcharge does not apply to administrative citations issued pursuant to 29.23section 169.999. 29.24    Sec. 5. Minnesota Statutes 2010, section 563.01, subdivision 3, is amended to read: 29.25    Subd. 3. Authorization of forma pauperis. new text begin (a) new text end Any court of the state of Minnesota 29.26or any political subdivision thereof may authorize the commencement or defense of any 29.27civil action, or appeal therein, without prepayment of fees, costs and security for costs by 29.28a natural person who makes affidavit stating (a) the nature of the action, defense or appeal, 29.29(b) a belief that affiant is entitled to redress, and (c) that affiant is financially unable to 29.30pay the fees, costs and security for costs. 29.31 new text begin (b) new text end Upon a finding by the court that the action is not of a frivolous nature, the court 29.32shall allow the person to proceed in forma pauperis if the affidavit is substantially in the 29.33language required by this subdivision and is not found by the court to be untrue. Persons 29.34meeting the requirements of this subdivision include, but are not limited to, a person who 29.35is receiving public assistance, who is represented by an attorney on behalf of a civil legal 30.1services program or a volunteer attorney program based on indigency, or who has an 30.2annual income not greater than 125 percent of the poverty line established under United 30.3States Code, title 42, section 9902(2), except as otherwise provided by section 563.02. 30.4 new text begin (c) If, at or following commencement of the action, the party is or becomes able new text end 30.5 new text begin to pay a portion of the fees, costs, and security for costs, the court may order any of new text end 30.6 new text begin the following: new text end 30.7 new text begin (1) payment of a fee of not less than $75; new text end 30.8 new text begin (2) partial payment of fees, costs, and security for costs; or new text end 30.9 new text begin (3) reimbursement of all or a portion of fees, costs, and security for costs paid in new text end 30.10 new text begin monthly payments as directed by the court. new text end 30.11 new text begin The court administrator shall transmit any fees or payments to the commissioner of new text end 30.12 new text begin management and budget for deposit in the state treasury and credit them to the general new text end 30.13 new text begin fund. new text end 30.14 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2011. new text end 30.15ARTICLE 4 30.16PUBLIC DEFENDERS 30.17    Section 1. Minnesota Statutes 2010, section 609.131, subdivision 1, is amended to read: 30.18    Subdivision 1. General rule. Except as provided in subdivision 2, an alleged 30.19misdemeanor violation must be treated as a petty misdemeanor if the prosecuting attorney 30.20believes that it is in the interest of justice that the defendant not be imprisoned if convicted 30.21and certifies that belief to the court at or before the time of arraignment or pretrial hearing, 30.22and the court approves of the certification motion. new text begin Prior to the appointment of a public new text end 30.23 new text begin defender to represent a defendant charged with a misdemeanor, the court shall inquire of new text end 30.24 new text begin the prosecutor whether the prosecutor intends to certify the case as a petty misdemeanor. new text end 30.25The defendant's consent to the certification is not required. When an offense is certified 30.26as a petty misdemeanor under this section, the defendant's eligibility for court-appointed 30.27counsel must be evaluated as though the offense were a misdemeanor new text begin defendant is not new text end 30.28 new text begin eligible for the appointment of a public defender new text end . 30.29    Sec. 2. Minnesota Statutes 2010, section 611.16, is amended to read: 30.30611.16 REQUEST FOR APPOINTMENT OF PUBLIC DEFENDER. 30.31Any person described in section 611.14 or any other person entitled by law to 30.32representation by counsel, may at any time request the court in which the matter is pending, 30.33or the court in which the conviction occurred, to appoint a public defender to represent the 31.1person. In a proceeding defined by clause (2) of section 611.14, new text begin clause (2), new text end application for 31.2the appointment of a public defender may also be made to a judge of the Supreme Court. 31.3    Sec. 3. Minnesota Statutes 2010, section 611.17, is amended to read: 31.4611.17 FINANCIAL INQUIRY; STATEMENTS; CO-PAYMENT; 31.5STANDARDS FOR DISTRICT PUBLIC DEFENSE ELIGIBILITY. 31.6    (a) Each judicial district must screen requests for representation by the district public 31.7defender. A defendant is financially unable to obtain counsel if: 31.8    (1) the defendant, or any dependent of the defendant who resides in the same 31.9household as the defendant, receives means-tested governmental benefits; or new text begin is charged new text end 31.10 new text begin with a misdemeanor and has an annual household income not greater than 125 percent of new text end 31.11 new text begin the poverty guidelines updated periodically in the Federal Register by the United States new text end 31.12 new text begin Department of Health and Human Services under the authority of United States Code, new text end 31.13 new text begin title 42, section 9902(2); new text end 31.14 new text begin (2) the defendant is charged with a gross misdemeanor and has an annual household new text end 31.15 new text begin income not greater than 150 percent of the poverty guidelines updated periodically in the new text end 31.16 new text begin Federal Register by the United States Department of Health and Human Services under new text end 31.17 new text begin the authority of United States Code, title 42, section 9902(2); new text end 31.18 new text begin (3) the defendant is charged with a felony and has an annual household income not new text end 31.19 new text begin greater than 175 percent of the poverty guidelines updated periodically in the Federal new text end 31.20 new text begin Register by the United States Department of Health and Human Services under the new text end 31.21 new text begin authority of United States Code, title 42, section 9902(2); or new text end 31.22    (2) new text begin (4) the court determines that new text end the defendant, through any combination of liquid 31.23assets and current income, would be unable to pay the reasonable costs charged by private 31.24counsel in that judicial district for a defense of the same matter. 31.25    (b) Upon a request for the appointment of counsel, the court shall make new text begin an new text end 31.26appropriate inquiry into the new text begin determination of new text end financial circumstances new text begin eligibility under new text end 31.27 new text begin paragraph (a) new text end of the applicant, who shall submit a financial statement under oath or 31.28affirmation setting forth the applicant's assets and liabilities, including the value of any 31.29real property owned by the applicant, whether homestead or otherwise, less the amount of 31.30any encumbrances on the real property, the source or sources of income, and any other 31.31information required by the court. The applicant shall be under a continuing duty while 31.32represented by a public defender to disclose any changes in the applicant's financial 31.33circumstances that might be relevant to the applicant's eligibility for a public defender. 31.34The state public defender shall furnish appropriate forms for the financial statements new text begin , new text end 31.35 new text begin which must be used by the district courts throughout the state new text end . The forms must contain 32.1conspicuous notice of the applicant's continuing duty to disclose to the court changes in 32.2the applicant's financial circumstances. The forms must also contain conspicuous notice 32.3of the applicant's obligation to make a co-payment for the services of the district public 32.4defender, as specified under paragraph (c). The information contained in the statement 32.5shall be confidential and for the exclusive use of the court and the public defender 32.6appointed by the court to represent the applicant except for any prosecution under 32.7section 609.48. A refusal to execute the financial statement or produce financial records 32.8constitutes a waiver of the right to the appointment of a public defender. The court shall 32.9not appoint a district public defender to a defendant who is financially able to retain 32.10private counsel but refuses to do so. 32.11    An inquiry to determine financial eligibility of a defendant for the appointment of 32.12the district public defender shall be made whenever possible prior to the court appearance 32.13and by such persons as the court may direct. This inquiry may be combined with the 32.14prerelease investigation provided for in Minnesota Rule of Criminal Procedure 6.02, 32.15subdivision 3. In no case shall the district public defender be required to perform this 32.16inquiry or investigate the defendant's assets or eligibility. The court has the sole duty to 32.17conduct a financial inquiry. The inquiry must include the following: 32.18    (1) the liquidity of real estate assets, including the defendant's homestead; 32.19    (2) any assets that can be readily converted to cash or used to secure a debt; 32.20    (3) the determination of whether the transfer of an asset is voidable as a fraudulent 32.21conveyance; and 32.22    (4) the value of all property transfers occurring on or after the date of the alleged 32.23offense. The burden is on the accused to show that the accused is financially unable 32.24to afford counsel. Defendants who fail to provide information necessary to determine 32.25eligibility shall be deemed ineligible. The court must not appoint the district public 32.26defender as advisory counsel. 32.27    (c) Upon disposition of the case, an individual who has received public defender 32.28services shall pay to the court a $75 co-payment for representation provided by a public 32.29defender, unless the co-payment is, or has been, new text begin reduced in part or new text end waived by the court. 32.30    The co-payment must be credited to the general fund. If a term of probation is 32.31imposed as a part of an offender's sentence, the co-payment required by this section must 32.32not be made a condition of probation. The co-payment required by this section is a civil 32.33obligation and must not be made a condition of a criminal sentence. 32.34 new text begin (d) The court shall not appoint a public defender to a defendant who is financially new text end 32.35 new text begin able to retain counsel but refuses to do so, refuses to execute the financial statement or new text end 33.1 new text begin refuses to provide information necessary to determine financial eligibility under this new text end 33.2 new text begin section, or waives appointment of a public defender under section 611.19. new text end 33.3    Sec. 4. Minnesota Statutes 2010, section 611.18, is amended to read: 33.4611.18 APPOINTMENT OF PUBLIC DEFENDER. 33.5If it appears to a court that a person requesting the appointment of counsel satisfies 33.6the requirements of this chapter, the court shall order the appropriate public defender to 33.7represent the person at all further stages of the proceeding through appeal, if any. For a 33.8person appealing from a conviction, or a person pursuing a postconviction proceeding 33.9and who has not already had a direct appeal of the conviction, according to the standards 33.10of sections 611.14 new text begin , clause (2), new text end and 611.25, subdivision 1, paragraph (a), clause (2), the 33.11state new text begin chief appellate new text end public defender shall be appointed. For a person covered by section 33.12611.14 , clause (1), a new text begin (3), or (4), the chief new text end district public defender shall be appointed to 33.13represent that person. If (a) conflicting interests exist, (b) the district public defender for 33.14any other reason is unable to act, or (c) the interests of justice require, the state public 33.15defender may be ordered to represent a person. When the state public defender is directed 33.16by a court to represent a defendant or other person, the state public defender may assign 33.17the representation to any district public defender. If at any stage of the proceedings, 33.18including an appeal, the court finds that the defendant is financially unable to pay counsel 33.19whom the defendant had retained, the court may appoint the appropriate public defender 33.20to represent the defendant, as provided in this section. Prior to any court appearance, a 33.21public defender may represent a person accused of violating the law, who appears to be 33.22financially unable to obtain counsel, and shall continue to represent the person unless it 33.23is subsequently determined that the person is financially able to obtain counsel. The 33.24representation may be made available at the discretion of the public defender, upon the 33.25request of the person or someone on the person's behalf. Any law enforcement officer may 33.26notify the public defender of the arrest of any such person. 33.27    Sec. 5. Minnesota Statutes 2010, section 611.20, subdivision 3, is amended to read: 33.28    Subd. 3. Reimbursement. In each fiscal year, the commissioner of management 33.29and budget shall deposit the payments in the special revenue fund and credit them to a 33.30separate account with the Board of Public Defense. The amount credited to this account is 33.31appropriated to the Board of Public Defense. 33.32The balance of this account does not cancel but is available until expended. 33.33Expenditures by the board from this account for each judicial district public defense office 33.34must be based on the amount of the payments received by the state from the courts in 34.1each judicial district. A district public defender's office that receives money under this 34.2subdivision shall use the money to supplement office overhead payments to part-time 34.3attorneys providing public defense services in the district. By January 15 of each year, 34.4the Board of Public Defense shall report to the chairs and ranking minority members of 34.5the senate and house of representatives divisions having jurisdiction over criminal justice 34.6funding on the amount appropriated under this subdivision, the number of cases handled 34.7by each district public defender's office, the number of cases in which reimbursements 34.8were ordered, new text begin and new text end the average amount of reimbursement ordered, and the average amount 34.9of money received by part-time attorneys under this subdivision. 34.10 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2011. new text end 34.11    Sec. 6. Minnesota Statutes 2010, section 611.20, subdivision 4, is amended to read: 34.12    Subd. 4. Employed defendants new text begin ; ability to pay new text end . new text begin (a) new text end A court shall order a defendant 34.13who is employed when a public defender is appointed, or who becomes employed while 34.14represented by a public defender, new text begin or who is or becomes able to make partial payments new text end 34.15 new text begin for counsel, new text end to reimburse the state for the cost of the public defender. If reimbursement 34.16is required under this subdivision, the court shall order the reimbursement when a 34.17public defender is first appointed or as soon as possible after the court determines that 34.18reimbursement is required. The court may accept partial reimbursement from the 34.19defendant if the defendant's financial circumstances warrant a reduced reimbursement 34.20schedule. The court may consider the guidelines in subdivision 6 in determining a 34.21defendant's reimbursement schedule. If a defendant does not agree to make payments, 34.22the court may order the defendant's employer to withhold a percentage of the defendant's 34.23income to be turned over to the court. The percentage to be withheld may be determined 34.24under subdivision 6 new text begin In determining the percentage to be withheld, the court shall consider new text end 34.25 new text begin the income and assets of the defendant based on the financial statement provided by the new text end 34.26 new text begin defendant when applying for the public defender under section 611.17 new text end . 34.27 new text begin (b) If a court determines under section 611.17 that a defendant is financially unable to new text end 34.28 new text begin pay the reasonable costs charged by private counsel due to the cost of a private retainer fee, new text end 34.29 new text begin the court shall evaluate the defendant's ability to make partial payments or reimbursement. new text end 34.30    Sec. 7. Minnesota Statutes 2010, section 611.27, subdivision 1, is amended to read: 34.31    Subdivision 1. County payment responsibility new text begin District public defender budget new text end . 34.32(a) A chief district public defender shall annually submit a comprehensive budget to 34.33the state Board of Public Defense. The budget shall be in compliance with standards 34.34and forms required by the board. The chief district public defender shall, at times and 35.1in the form required by the board, submit reports to the board concerning its operations, 35.2including the number of cases handled and funds expended for these services. 35.3(b) Money appropriated to the state Board of Public Defense for the board's 35.4administration, for the state public defender, for the judicial district public defenders, 35.5and for the public defense corporations shall be expended as determined by the board. 35.6In distributing funds to district public defenders, the board shall consider the geographic 35.7distribution of public defenders, the equity of compensation among the judicial districts, 35.8public defender case loads, and the results of the weighted case load study. 35.9    Sec. 8. Minnesota Statutes 2010, section 611.27, subdivision 5, is amended to read: 35.10    Subd. 5. District public defender budgets new text begin and county payment responsibility new text end . 35.11The board of public defense may only new text begin shall new text end fund new text begin all new text end those items and services in new text begin necessary new text end 35.12 new text begin for the new text end district public defender budgets which were included in the original budgets of 35.13district public defender offices as of January 1, 1990. All other public defense related 35.14costs remain the responsibility of the counties unless the state specifically appropriates 35.15for these. The cost of additional state funding of these items and services must be offset 35.16by reductions in local aids in the same manner as the original state takeover. new text begin to satisfy new text end 35.17 new text begin its obligations under this chapter. Except as provided in section 611.26, subdivision 3a, new text end 35.18 new text begin counties shall not pay and no court shall order any county to pay for representation of new text end 35.19 new text begin individuals charged with a crime. new text end 35.20    Sec. 9. new text begin REPEALER. new text end 35.21 new text begin Minnesota Statutes 2010, section 611.20, subdivision 6, new text end new text begin is repealed. new text end 35.22ARTICLE 5 35.23SEXUALLY EXPLOITED YOUTH 35.24    Section 1. Minnesota Statutes 2010, section 260B.007, subdivision 6, is amended to 35.25read: 35.26    Subd. 6. Delinquent child. (a) Except as otherwise provided in paragraph new text begin new text end 35.27 new text begin paragraphs new text end (b) new text begin and (c) new text end , "delinquent child" means a child: 35.28(1) who has violated any state or local law, except as provided in section 260B.225, 35.29subdivision 1 , and except for juvenile offenders as described in subdivisions 16 to 18; 35.30(2) who has violated a federal law or a law of another state and whose case has been 35.31referred to the juvenile court if the violation would be an act of delinquency if committed 35.32in this state or a crime or offense if committed by an adult; 36.1(3) who has escaped from confinement to a state juvenile correctional facility after 36.2being committed to the custody of the commissioner of corrections; or 36.3(4) who has escaped from confinement to a local juvenile correctional facility after 36.4being committed to the facility by the court. 36.5(b) The term delinquent child does not include a child alleged to have committed 36.6murder in the first degree after becoming 16 years of age, but the term delinquent child 36.7does include a child alleged to have committed attempted murder in the first degree. 36.8 new text begin (c) The term delinquent child does not include a child who is alleged to have new text end 36.9 new text begin engaged in conduct which would, if committed by an adult, violate any federal, state, or new text end 36.10 new text begin local law relating to being hired, offering to be hired, or agreeing to be hired by another new text end 36.11 new text begin individual to engage in sexual penetration or sexual conduct. new text end 36.12 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2014, and applies to new text end 36.13 new text begin offenses committed on or after that date. new text end 36.14    Sec. 2. Minnesota Statutes 2010, section 260B.007, subdivision 16, is amended to read: 36.15    Subd. 16. Juvenile petty offender; juvenile petty offense. (a) "Juvenile petty 36.16offense" includes a juvenile alcohol offense, a juvenile controlled substance offense, 36.17a violation of section 609.685, or a violation of a local ordinance, which by its terms 36.18prohibits conduct by a child under the age of 18 years which would be lawful conduct if 36.19committed by an adult. 36.20(b) Except as otherwise provided in paragraph (c), "juvenile petty offense" also 36.21includes an offense that would be a misdemeanor if committed by an adult. 36.22(c) "Juvenile petty offense" does not include any of the following: 36.23(1) a misdemeanor-level violation of section 518B.01, new text begin ; new text end 588.20, new text begin ; new text end 609.224, new text begin ; new text end 609.2242, new text begin ; new text end 36.24609.324 , new text begin subdivision 2 or 3; new text end 609.5632, new text begin ; new text end 609.576, new text begin ; new text end 609.66, new text begin ; new text end 609.746, new text begin ; new text end 609.748, new text begin ; new text end 609.79, new text begin ; new text end 36.25or 617.23; 36.26(2) a major traffic offense or an adult court traffic offense, as described in section 36.27260B.225 ; 36.28(3) a misdemeanor-level offense committed by a child whom the juvenile court 36.29previously has found to have committed a misdemeanor, gross misdemeanor, or felony 36.30offense; or 36.31(4) a misdemeanor-level offense committed by a child whom the juvenile court 36.32has found to have committed a misdemeanor-level juvenile petty offense on two or 36.33more prior occasions, unless the county attorney designates the child on the petition 36.34as a juvenile petty offender notwithstanding this prior record. As used in this clause, 37.1"misdemeanor-level juvenile petty offense" includes a misdemeanor-level offense that 37.2would have been a juvenile petty offense if it had been committed on or after July 1, 1995. 37.3(d) A child who commits a juvenile petty offense is a "juvenile petty offender." new text begin The new text end 37.4 new text begin term juvenile petty offender does not include a child alleged to have violated any law new text end 37.5 new text begin relating to being hired, offering to be hired, or agreeing to be hired by another individual new text end 37.6 new text begin to engage in sexual penetration or sexual conduct which, if committed by an adult, would new text end 37.7 new text begin be a misdemeanor. new text end 37.8 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2014, and applies to new text end 37.9 new text begin offenses committed on or after that date. new text end 37.10    Sec. 3. Minnesota Statutes 2010, section 260C.007, subdivision 6, is amended to read: 37.11    Subd. 6. Child in need of protection or services. "Child in need of protection or 37.12services" means a child who is in need of protection or services because the child: 37.13    (1) is abandoned or without parent, guardian, or custodian; 37.14    (2)(i) has been a victim of physical or sexual abuse as defined in section 626.556, 37.15subdivision 2, (ii) resides with or has resided with a victim of child abuse as defined in 37.16subdivision 5 or domestic child abuse as defined in subdivision 13, (iii) resides with or 37.17would reside with a perpetrator of domestic child abuse as defined in subdivision 13 or 37.18child abuse as defined in subdivision 5 or 13, or (iv) is a victim of emotional maltreatment 37.19as defined in subdivision 15; 37.20    (3) is without necessary food, clothing, shelter, education, or other required care 37.21for the child's physical or mental health or morals because the child's parent, guardian, 37.22or custodian is unable or unwilling to provide that care; 37.23    (4) is without the special care made necessary by a physical, mental, or emotional 37.24condition because the child's parent, guardian, or custodian is unable or unwilling to 37.25provide that care; 37.26    (5) is medically neglected, which includes, but is not limited to, the withholding of 37.27medically indicated treatment from a disabled infant with a life-threatening condition. The 37.28term "withholding of medically indicated treatment" means the failure to respond to the 37.29infant's life-threatening conditions by providing treatment, including appropriate nutrition, 37.30hydration, and medication which, in the treating physician's or physicians' reasonable 37.31medical judgment, will be most likely to be effective in ameliorating or correcting all 37.32conditions, except that the term does not include the failure to provide treatment other 37.33than appropriate nutrition, hydration, or medication to an infant when, in the treating 37.34physician's or physicians' reasonable medical judgment: 37.35    (i) the infant is chronically and irreversibly comatose; 38.1    (ii) the provision of the treatment would merely prolong dying, not be effective in 38.2ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be 38.3futile in terms of the survival of the infant; or 38.4    (iii) the provision of the treatment would be virtually futile in terms of the survival 38.5of the infant and the treatment itself under the circumstances would be inhumane; 38.6    (6) is one whose parent, guardian, or other custodian for good cause desires to be 38.7relieved of the child's care and custody, including a child who entered foster care under a 38.8voluntary placement agreement between the parent and the responsible social services 38.9agency under section 260C.212, subdivision 8; 38.10    (7) has been placed for adoption or care in violation of law; 38.11    (8) is without proper parental care because of the emotional, mental, or physical 38.12disability, or state of immaturity of the child's parent, guardian, or other custodian; 38.13    (9) is one whose behavior, condition, or environment is such as to be injurious or 38.14dangerous to the child or others. An injurious or dangerous environment may include, but 38.15is not limited to, the exposure of a child to criminal activity in the child's home; 38.16    (10) is experiencing growth delays, which may be referred to as failure to thrive, that 38.17have been diagnosed by a physician and are due to parental neglect; 38.18    (11) has engaged in prostitution as defined in section 609.321, subdivision 9 new text begin is a new text end 38.19 new text begin sexually exploited youth as defined in subdivision 31 new text end ; 38.20    (12) has committed a delinquent act or a juvenile petty offense before becoming 38.21ten years old; 38.22    (13) is a runaway; 38.23    (14) is a habitual truant; 38.24    (15) has been found incompetent to proceed or has been found not guilty by reason 38.25of mental illness or mental deficiency in connection with a delinquency proceeding, a 38.26certification under section 260B.125, an extended jurisdiction juvenile prosecution, or a 38.27proceeding involving a juvenile petty offense; or 38.28(16) has a parent whose parental rights to one or more other children were 38.29involuntarily terminated or whose custodial rights to another child have been involuntarily 38.30transferred to a relative and there is a case plan prepared by the responsible social services 38.31agency documenting a compelling reason why filing the termination of parental rights 38.32petition under section 260C.301, subdivision 3, is not in the best interests of the child. 38.33 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2011. new text end 38.34    Sec. 4. Minnesota Statutes 2010, section 260C.007, subdivision 11, is amended to read: 38.35    Subd. 11. Delinquent child. "Delinquent child" means a child: 39.1(1) who has violated any state or local law, except as provided in section 260B.225, 39.2subdivision 1 , and except for juvenile offenders as described in subdivisions 19 and 28; or 39.3(2) who has violated a federal law or a law of another state and whose case has been 39.4referred to the juvenile court if the violation would be an act of delinquency if committed 39.5in this state or a crime or offense if committed by an adult new text begin has the meaning given in new text end 39.6 new text begin section 260B.007, subdivision 6 new text end . 39.7 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2011. new text end 39.8    Sec. 5. Minnesota Statutes 2010, section 260C.007, is amended by adding a 39.9subdivision to read: 39.10     new text begin Subd. 31. new text end new text begin Sexually exploited youth. new text end new text begin "Sexually exploited youth" means an new text end 39.11 new text begin individual who: new text end 39.12 new text begin (1) is alleged to have engaged in conduct which would, if committed by an adult, new text end 39.13 new text begin violate any federal, state, or local law relating to being hired, offering to be hired, or new text end 39.14 new text begin agreeing to be hired by another individual to engage in sexual penetration or sexual new text end 39.15 new text begin conduct; new text end 39.16 new text begin (2) is a victim of a crime described in section 609.342, 609.343, 609.345, 609.3451, new text end 39.17 new text begin 609.3453, 609.352, 617.246, or 617.247; new text end 39.18 new text begin (3) is a victim of a crime described in United States Code, title 18, section 2260; new text end 39.19 new text begin 2421; 2422; 2423; 2425; 2425A; or 2256; or new text end 39.20 new text begin (4) is a sex trafficking victim as defined in section 609.321, subdivision 7b. new text end 39.21 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2011. new text end 39.22    Sec. 6. Minnesota Statutes 2010, section 609.321, subdivision 8, is amended to read: 39.23    Subd. 8. Prostitute. "Prostitute" means an individual new text begin 18 years of age or older new text end who 39.24engages in prostitution. 39.25 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2014, and applies to crimes new text end 39.26 new text begin committed on or after that date. new text end 39.27    Sec. 7. Minnesota Statutes 2010, section 609.3241, is amended to read: 39.28609.3241 PENALTY ASSESSMENT AUTHORIZED. 39.29 new text begin (a) new text end When a court sentences an adult convicted of violating section 609.322 or 39.30609.324 , while acting other than as a prostitute, the court shall impose an assessment of 39.31not less than $250 new text begin $500 new text end and not more than $500 new text begin $750 new text end for a violation of section 609.324, 40.1subdivision 2 , or a misdemeanor violation of section 609.324, subdivision 3; otherwise 40.2the court shall impose an assessment of not less than $500 new text begin $750 new text end and not more than 40.3$1,000. The mandatory minimum portion of the assessment is to be used for the purposes 40.4described in section 626.558, subdivision 2a, new text begin shall be distributed as provided in paragraph new text end 40.5 new text begin (c) new text end and is in addition to the surcharge required by section 357.021, subdivision 6. Any 40.6portion of the assessment imposed in excess of the mandatory minimum amount shall be 40.7deposited in an account in the special revenue fund and is appropriated annually to the 40.8commissioner of public safety. The commissioner, with the assistance of the General 40.9Crime Victims Advisory Council, shall use money received under this section for grants to 40.10agencies that provide assistance to individuals who have stopped or wish to stop engaging 40.11in prostitution. Grant money may be used to provide these individuals with medical care, 40.12child care, temporary housing, and educational expenses. 40.13 new text begin (b) The court may not waive payment of the minimum assessment required by new text end 40.14 new text begin this section. If the defendant qualifies for the services of a public defender or the court new text end 40.15 new text begin finds on the record that the convicted person is indigent or that immediate payment of new text end 40.16 new text begin the assessment would create undue hardship for the convicted person or that person's new text end 40.17 new text begin immediate family, the court may reduce the amount of the minimum assessment to not new text end 40.18 new text begin less than $100. The court also may authorize payment of the assessment in installments. new text end 40.19 new text begin (c) The assessment collected under paragraph (a) must be distributed as follows: new text end 40.20 new text begin (1) 40 percent of the assessment shall be forwarded to the political subdivision that new text end 40.21 new text begin employs the arresting officer for use in enforcement, training, and education activities new text end 40.22 new text begin related to combating sexual exploitation of youth, or if the arresting officer is an employee new text end 40.23 new text begin of the state, this portion shall be forwarded to the commissioner of public safety for those new text end 40.24 new text begin purposes identified in clause (3); new text end 40.25 new text begin (2) 20 percent of the assessment shall be forwarded to the prosecuting agency that new text end 40.26 new text begin handled the case for use in training and education activities relating to combating sexual new text end 40.27 new text begin exploitation activities of youth; and new text end 40.28 new text begin (3) 40 percent of the assessment must be forwarded to the commissioner of public new text end 40.29 new text begin safety to be deposited in the safe harbor for youth account in the special revenue fund new text end 40.30 new text begin and are appropriated to the commissioner for distribution to crime victims services new text end 40.31 new text begin organizations that provide services to sexually exploited youth, as defined in section new text end 40.32 new text begin 260C.007, subdivision 31. new text end 40.33 new text begin (d) A safe harbor for youth account is established as a special account in the state new text end 40.34 new text begin treasury. new text end 40.35 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2011. new text end 41.1    Sec. 8. Minnesota Statutes 2010, section 626.558, subdivision 2a, is amended to read: 41.2    Subd. 2a. Juvenile prostitution new text begin Sexually exploited youth new text end outreach program. A 41.3multidisciplinary child protection team may assist the local welfare agency, local law 41.4enforcement agency, or an appropriate private organization in developing a program of 41.5outreach services for juveniles who are engaging in prostitution new text begin sexually exploited youth, new text end 41.6 new text begin including homeless, runaway, and truant youth who are at risk of sexual exploitation new text end . 41.7For the purposes of this subdivision, at least one representative of a youth intervention 41.8program or, where this type of program is unavailable, one representative of a nonprofit 41.9agency serving youth in crisis, shall be appointed to and serve on the multidisciplinary 41.10child protection team in addition to the standing members of the team. These services may 41.11include counseling, medical care, short-term shelter, alternative living arrangements, and 41.12drop-in centers. The county may finance these services by means of the penalty assessment 41.13authorized by section . A juvenile's receipt of intervention services under this 41.14subdivision may not be conditioned upon the juvenile providing any evidence or testimony. 41.15 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2011. new text end 41.16    Sec. 9. new text begin SAFE HARBOR FOR SEX TRAFFICKED YOUTH; SEXUALLY new text end 41.17 new text begin EXPLOITED YOUTH; STATEWIDE VICTIM SERVICES MODEL. new text end 41.18 new text begin (a) If sufficient funding from outside sources is donated, the commissioner of public new text end 41.19 new text begin safety shall develop a statewide model as provided in this section. By June 30, 2012, the new text end 41.20 new text begin commissioner of public safety, in consultation with the commissioners of health and new text end 41.21 new text begin human services, shall develop a victim services model to address the needs of sexually new text end 41.22 new text begin exploited youth and youth at risk of sexual exploitation. The commissioner shall take into new text end 41.23 new text begin consideration the findings and recommendations as reported to the legislature on the new text end 41.24 new text begin results of the safe harbor for sexually exploited youth pilot project authorized by Laws new text end 41.25 new text begin 2006, chapter 282, article 13, section 4, paragraph (b). In addition, the commissioner new text end 41.26 new text begin shall seek recommendations from prosecutors, public safety officials, public health new text end 41.27 new text begin professionals, child protection workers, and service providers. new text end 41.28 new text begin (b) By January 15, 2013, the commissioner of public safety shall report to the chairs new text end 41.29 new text begin and ranking minority members of the senate and house of representatives divisions having new text end 41.30 new text begin jurisdiction over health and human services and criminal justice funding and policy on the new text end 41.31 new text begin development of the statewide model, including recommendations for additional legislation new text end 41.32 new text begin or funding for services for sexually exploited youth or youth at risk of sexual exploitation. new text end 41.33 new text begin (c) As used in this section, "sexually exploited youth" has the meaning given in new text end 41.34 new text begin section 260C.007, subdivision 31. new text end 42.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2011. new text end 42.2    Sec. 10. new text begin REPEALER. new text end 42.3 new text begin Minnesota Statutes 2010, sections 260B.141, subdivision 5; and 260C.141, new text end 42.4 new text begin subdivision 6, new text end new text begin are repealed. new text end 42.5 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2014. new text end 42.6ARTICLE 6 42.7PROSTITUTION CRIMES 42.8    Section 1. Minnesota Statutes 2010, section 609.321, subdivision 4, is amended to read: 42.9    Subd. 4. Patron. "Patron" means an individual who hires or offers or agrees new text begin new text end 42.10 new text begin engages in prostitution by hiring, offering to hire, or agreeing new text end to hire another individual to 42.11engage in sexual penetration or sexual contact. 42.12 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2011, and applies to crimes new text end 42.13 new text begin committed on or after that date. new text end 42.14    Sec. 2. Minnesota Statutes 2010, section 609.321, subdivision 8, is amended to read: 42.15    Subd. 8. Prostitute. "Prostitute" means an individual who engages in prostitution new text begin new text end 42.16 new text begin by being hired, offering to be hired, or agreeing to be hired by another individual to new text end 42.17 new text begin engage in sexual penetration or sexual contact new text end . 42.18 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2011, and applies to crimes new text end 42.19 new text begin committed on or after that date. new text end 42.20    Sec. 3. Minnesota Statutes 2010, section 609.321, subdivision 9, is amended to read: 42.21    Subd. 9. Prostitution. "Prostitution" means engaging or offering or agreeing to 42.22engage for hire new text begin hiring, offering to hire, or agreeing to hire another individual to engage in new text end 42.23 new text begin sexual penetration or sexual contact, or being hired, offering to be hired, or agreeing to be new text end 42.24 new text begin hired by another individual to engage new text end in sexual penetration or sexual contact. 42.25 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2011, and applies to crimes new text end 42.26 new text begin committed on or after that date. new text end 42.27    Sec. 4. Minnesota Statutes 2010, section 609.324, subdivision 2, is amended to read: 43.1    Subd. 2. Prostitution in public place; penalty new text begin for patrons new text end . Whoever new text begin , while acting new text end 43.2 new text begin as a patron, new text end intentionally does any of the following while in a public place is guilty of a 43.3gross misdemeanor: 43.4(1) engages in prostitution with an individual 18 years of age or older; or 43.5(2) hires or new text begin , new text end offers new text begin to hire, new text end or agrees to hire an individual 18 years of age or older to 43.6engage in sexual penetration or sexual contact. 43.7Except as otherwise provided in subdivision 4, a person who is convicted of violating this 43.8subdivision while acting as a patron must, at a minimum, be sentenced to pay a fine 43.9of at least $1,500. 43.10 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2011, and applies to crimes new text end 43.11 new text begin committed on or after that date. new text end 43.12    Sec. 5. Minnesota Statutes 2010, section 609.324, subdivision 3, is amended to read: 43.13    Subd. 3. General prostitution crimes; penalties new text begin for patrons new text end . (a) Whoever new text begin , while new text end 43.14 new text begin acting as a patron, new text end intentionally does any of the following is guilty of a misdemeanor: 43.15(1) engages in prostitution with an individual 18 years of age or above new text begin older new text end ; or 43.16(2) hires or new text begin , new text end offers new text begin to hire, new text end or agrees to hire an individual 18 years of age or above new text begin new text end 43.17 new text begin older new text end to engage in sexual penetration or sexual contact. Except as otherwise provided in 43.18subdivision 4, a person who is convicted of violating this paragraph while acting as a 43.19patron must, at a minimum, be sentenced to pay a fine of at least $500. 43.20(b) Whoever violates the provisions of this subdivision within two years of a 43.21previous prostitution conviction for violating this section or section 609.322 is guilty 43.22of a gross misdemeanor. Except as otherwise provided in subdivision 4, a person who 43.23is convicted of violating this paragraph while acting as a patron must, at a minimum, 43.24be sentenced as follows: 43.25(1) to pay a fine of at least $1,500; and 43.26(2) to serve 20 hours of community work service. 43.27The court may waive the mandatory community work service if it makes specific, 43.28written findings that the community work service is not feasible or appropriate under the 43.29circumstances of the case. 43.30 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2011, and applies to crimes new text end 43.31 new text begin committed on or after that date. new text end 43.32    Sec. 6. Minnesota Statutes 2010, section 609.324, is amended by adding a subdivision 43.33to read: 44.1     new text begin Subd. 6. new text end new text begin Prostitution in public place; penalty for prostitutes. new text end new text begin Whoever, while new text end 44.2 new text begin acting as a prostitute, intentionally does any of the following while in a public place is new text end 44.3 new text begin guilty of a gross misdemeanor: new text end 44.4 new text begin (1) engages in prostitution with an individual 18 years of age or older; or new text end 44.5 new text begin (2) is hired, offers to be hired, or agrees to be hired by an individual 18 years of age new text end 44.6 new text begin or older to engage in sexual penetration or sexual contact. new text end 44.7 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2011, and applies to crimes new text end 44.8 new text begin committed on or after that date. new text end 44.9    Sec. 7. Minnesota Statutes 2010, section 609.324, is amended by adding a subdivision 44.10to read: 44.11     new text begin Subd. 7. new text end new text begin General prostitution crimes; penalties for prostitutes. new text end new text begin (a) Whoever, new text end 44.12 new text begin while acting as a prostitute, intentionally does any of the following is guilty of a new text end 44.13 new text begin misdemeanor: new text end 44.14 new text begin (1) engages in prostitution with an individual 18 years of age or older; or new text end 44.15 new text begin (2) is hired, offers to be hired, or agrees to be hired by an individual 18 years of age new text end 44.16 new text begin or older to engage in sexual penetration or sexual contact. new text end 44.17 new text begin (b) Whoever violates the provisions of this subdivision within two years of a new text end 44.18 new text begin previous prostitution conviction for violating this section or section 609.322 is guilty new text end 44.19 new text begin of a gross misdemeanor. new text end 44.20 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2011, and applies to crimes new text end 44.21 new text begin committed on or after that date. new text end