SF 1827

1st Engrossment - 94th Legislature (2025 - 2026)

Posted on 07/18/2025 01:31 p.m.

A bill for an act
relating to judiciary and public safety; prohibiting court orders to pay for
comprehensive assessments covered by medical assistance or the behavioral health
fund; amending Minnesota Statutes 2024, section 169A.284.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 169A.284, is amended to read:

169A.284 deleted text begin CHEMICAL DEPENDENCY deleted text end new text begin COMPREHENSIVE new text end ASSESSMENT
CHARGE; SURCHARGE.

Subdivision 1.

When required.

(a) When a court sentences a person convicted of an
offense enumerated in section 169A.70, subdivision 2 ( deleted text begin chemical use deleted text end new text begin comprehensive new text end
assessment; requirement; form), new text begin except as provided in paragraph (c), new text end it shall order the person
to pay the cost of the new text begin comprehensive new text end assessment directly to the entity conducting the
assessment or providing the assessment services in an amount determined by the entity
conducting or providing the service and shall impose a deleted text begin chemical dependency deleted text end new text begin comprehensive new text end
assessment charge of $25. The court may waive the $25 new text begin comprehensive new text end assessment charge,
but may not waive the cost for the assessment paid directly to the entity conducting the
assessment or providing assessment services. A person shall pay an additional surcharge
of $5 if the person is convicted of a violation of section 169A.20 (driving while impaired)
within five years of a prior impaired driving conviction or a prior conviction for an offense
arising out of an arrest for a violation of section 169A.20 or Minnesota Statutes 1998, section
169.121 (driver under influence of alcohol or controlled substance) or 169.129 (aggravated
DWI-related violations; penalty). This section applies when the sentence is executed, stayed,
or suspended. The court may not waive payment new text begin of new text end or authorize payment new text begin in installments
new text end of the new text begin comprehensive new text end assessment charge and surcharge deleted text begin in installments deleted text end unless it makes
written findings on the record that the convicted person is indigent or that the new text begin comprehensive
new text end assessment charge and surcharge would create undue hardship for the convicted person or
that person's immediate family.

(b) The deleted text begin chemical dependency deleted text end new text begin comprehensive new text end assessment charge and surcharge required
under this section are in addition to the surcharge required by section 357.021, subdivision
6 (surcharges on criminal and traffic offenders).

new text begin (c) The court must not order the person convicted of an offense enumerated in section
169A.70, subdivision 2 (comprehensive assessment; requirement; form), to pay the cost of
the comprehensive assessment if the comprehensive assessment conducted is eligible for
reimbursement under chapter 254B or 256B.
new text end

Subd. 2.

Distribution of money.

The court administrator shall collect and forward the
deleted text begin chemical dependency deleted text end new text begin comprehensive new text end assessment charge and the $5 surcharge, if any, to
the commissioner of management and budget to be deposited in the state treasury and
credited to the general fund.

Sec. 2. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall substitute the term "comprehensive assessment" or similar
terms for "chemical dependency assessment" or similar terms, for "chemical use assessment"
or similar terms, and for "comprehensive substance use disorder assessment" or similar
terms wherever they appear in Minnesota Statutes, chapter 169A, and Minnesota Rules,
chapter 7503, when referring to the assessments required under Minnesota Statutes, section
169A.70, or the charges or surcharges associated with such assessments.
new text end