HF 851

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crimes; creating a pilot project chemical 
  1.3             dependency treatment program for chronic 
  1.4             driving-while-impaired offenders; authorizing courts 
  1.5             to order repeat DWI offenders to successfully complete 
  1.6             the program; appropriating money; amending Minnesota 
  1.7             Statutes 2000, sections 169A.275, subdivision 5, and 
  1.8             by adding a subdivision; and 169A.70, subdivision 3; 
  1.9             proposing coding for new law in Minnesota Statutes, 
  1.10            chapter 254A. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 2000, section 169A.275, 
  1.13  subdivision 5, is amended to read: 
  1.14     Subd. 5.  [LEVEL OF CARE RECOMMENDED IN CHEMICAL USE 
  1.15  ASSESSMENT.] (a) In addition to other penalties required under 
  1.16  this section, the court, except as provided in paragraph (b), 
  1.17  shall order a person to submit to the level of care recommended 
  1.18  in the chemical use assessment conducted under section 169A.70 
  1.19  (alcohol safety program; chemical use assessments) if the person 
  1.20  is convicted of violating section 169A.20 (driving while 
  1.21  impaired) while having an alcohol concentration of 0.20 or more 
  1.22  as measured at the time, or within two hours of the time, of the 
  1.23  offense or if the violation occurs within ten years of one or 
  1.24  more qualified prior impaired driving incidents. 
  1.25     (b) The court is not required to order a person to complete 
  1.26  the chemical dependency treatment program under section 254A.083 
  1.27  when the assessment determines that the person is an appropriate 
  1.28  candidate for it.  However, if the court does not order the 
  2.1   person to complete the program, it shall order the person to 
  2.2   submit to the level of care otherwise recommended in the 
  2.3   assessment. 
  2.4      Sec. 2.  Minnesota Statutes 2000, section 169A.275, is 
  2.5   amended by adding a subdivision to read: 
  2.6      Subd. 6.  [ORDER TO COMPLETE CHEMICAL DEPENDENCY TREATMENT 
  2.7   PROGRAM AUTHORIZED.] In addition to other sanctions authorized 
  2.8   by law, the court may order a person convicted of violating 
  2.9   section 169A.20 to successfully complete the chemical dependency 
  2.10  treatment program established in section 254A.083 if the person 
  2.11  has four or more prior impaired driving convictions, four or 
  2.12  more prior impaired driving-related losses of license, or any 
  2.13  combination of these prior convictions and losses of license, 
  2.14  based on separate incidents, within the person's lifetime. 
  2.15     Sec. 3.  Minnesota Statutes 2000, section 169A.70, 
  2.16  subdivision 3, is amended to read: 
  2.17     Subd. 3.  [ASSESSMENT REPORT.] (a) The assessment report 
  2.18  must be on a form prescribed by the commissioner and shall 
  2.19  contain an evaluation of the convicted defendant concerning the 
  2.20  defendant's prior traffic record, characteristics and history of 
  2.21  alcohol and chemical use problems, and amenability to 
  2.22  rehabilitation through the alcohol safety program.  The report 
  2.23  is classified as private data on individuals as defined in 
  2.24  section 13.02, subdivision 12. 
  2.25     (b) The assessment report must include: 
  2.26     (1) a recommended level of care for the offender in 
  2.27  accordance with the criteria contained in rules adopted by the 
  2.28  commissioner of human services under section 254A.03, 
  2.29  subdivision 3 (chemical dependency treatment rules); 
  2.30     (2) recommendations for other appropriate remedial action 
  2.31  or care that may consist of educational programs, one-on-one 
  2.32  counseling, a program or type of treatment that addresses mental 
  2.33  health concerns, or a combination of them; or 
  2.34     (3) a specific explanation why no level of care or action 
  2.35  was recommended. 
  2.36     (c) In addition to the requirements of paragraph (b), if 
  3.1   the offender is convicted of violating section 169A.20 and has 
  3.2   four or more prior impaired driving convictions, four or more 
  3.3   prior impaired driving-related losses of license, or any 
  3.4   combination of these prior convictions and losses of license, 
  3.5   based on separate incidents, within the person's lifetime, the 
  3.6   assessment report must recommend whether the offender is an 
  3.7   appropriate candidate for the chemical dependency treatment 
  3.8   program under section 254A.083. 
  3.9      Sec. 4.  [254A.083] [PILOT PROJECT CHEMICAL DEPENDENCY 
  3.10  TREATMENT PROGRAM AT BRAINERD REGIONAL HUMAN SERVICES CENTER.] 
  3.11     Subdivision 1.  [PROGRAM ESTABLISHED.] The commissioner 
  3.12  shall establish a three-year pilot project to provide chemical 
  3.13  dependency treatment at the Brainerd regional human services 
  3.14  center for up to 200 adult males required to successfully 
  3.15  complete the program by a court pursuant to section 169A.275, 
  3.16  subdivision 6. 
  3.17     Subd. 2.  [PROGRAM DESCRIBED.] The program must require 
  3.18  offenders to participate in and complete the chemical dependency 
  3.19  treatment program, which must be developed and administered by 
  3.20  the Brainerd regional human services center, under the 
  3.21  supervision and jurisdiction of the commissioner.  
  3.22     Subd. 3.  [COSTS OF PROGRAM.] (a) Counties ordering 
  3.23  offenders to successfully complete the program must pay 25 
  3.24  percent of the per diem expenses for the offender.  Money 
  3.25  received from the counties is appropriated to the commissioner, 
  3.26  to be transferred to the Brainerd regional human services center 
  3.27  for program expenses.  Sums of money received by the 
  3.28  commissioner under this subdivision do not cancel until the end 
  3.29  of the fiscal year immediately following the fiscal year in 
  3.30  which the funds were received by the commissioner.  
  3.31     (b) Costs of medical care must be paid according to section 
  3.32  3.739, or by medical assistance or MinnesotaCare if the offender 
  3.33  is eligible for one of these programs. 
  3.34     (c) The commissioner shall determine if the offender is 
  3.35  eligible for the consolidated chemical dependency treatment 
  3.36  funding, and use that funding to pay for the chemical dependency 
  4.1   treatment. 
  4.2      Subd. 4.  [REPORT.] By January 15, 2005, the commissioner 
  4.3   shall report to the chairs of the senate and house committees 
  4.4   and divisions having jurisdiction over criminal justice and 
  4.5   human services policy and funding on this program.  The report 
  4.6   must contain information on the recidivism rates of the 
  4.7   offenders in the program.  
  4.8      Subd. 5.  [EXPIRATION.] This section expires January 16, 
  4.9   2005. 
  4.10     Sec. 5.  [APPROPRIATIONS.] 
  4.11     $....... is appropriated for the fiscal year ending June 
  4.12  30, 2002, and $....... is appropriated for the fiscal year 
  4.13  ending June 30, 2003, from the general fund to the commissioner 
  4.14  of human services to establish and operate the pilot project 
  4.15  chemical dependency treatment program established under section 
  4.16  4. 
  4.17     Sec. 6.  [EFFECTIVE DATE.] 
  4.18     Sections 1 to 3 are effective July 1, 2001, for crimes 
  4.19  committed on or after that date.