HF 1657

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:53am

A bill for an act
relating to public safety; clarifying elements and penalties of certain crimes;
requiring reports; increasing fees; providing for a uniform fine schedule;
authorizing collection of fines and surcharges; requiring annual appropriation
of money in Bureau of Criminal Apprehension account to commissioner of
public safety; appropriating money for the courts, public defenders, public
safety, corrections, and other criminal justice agencies; amending Minnesota
Statutes 2008, sections 2.722, subdivisions 4, 4a; 2.724, subdivisions 2, 3;
86B.705, subdivision 2; 134A.09, subdivision 2a; 134A.10, subdivision 3;
152.025, subdivisions 1, 2, 3; 152.0262, subdivision 1; 169A.20, subdivision
1, by adding subdivisions; 169A.25, subdivision 1; 169A.26, subdivision
1; 169A.27, subdivision 1; 169A.28, subdivision 2; 169A.284; 169A.46,
subdivision 1; 169A.54, subdivision 1; 171.29, subdivision 2; 241.016,
subdivision 1; 244.055, subdivisions 2, 11; 299A.01, subdivision 1a, by adding
a subdivision; 299D.03, subdivision 5; 357.021, subdivisions 2, 6, 7; 357.022;
357.08; 364.08; 375.14; 403.11, subdivision 1; 480.15, by adding a subdivision;
484.85; 484.90, subdivision 6; 491A.02, subdivision 9; 525.091, subdivision 1;
549.09, subdivision 1; 550.011; 609.035, subdivision 2; 609.10, subdivision
1; 609.101, subdivision 4; 609.105, subdivision 1; 609.125, subdivision 1;
609.131, subdivision 3; 609.135, subdivisions 1, 1a, 2; 611.17; 631.48; proposing
coding for new law in Minnesota Statutes, chapter 609; repealing Minnesota
Statutes 2008, sections 152.025, subdivision 3; 152.0262, subdivision 2; 484.90,
subdivisions 1, 2, 3; 487.08, subdivisions 1, 2, 3, 5; 609.105, subdivisions 1a, 1b;
609.135, subdivision 8.

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

ARTICLE 1

APPROPRIATIONS

Section 1. new text begin SUMMARY OF APPROPRIATIONS. new text end

new text begin The amounts shown in this section summarize direct appropriations, by fund, made
in this article.
new text end

		new text begin 2010 new text end		new text begin 2011 new text end		new text begin Total new text end
new text begin General new text end	new text begin $ new text end	new text begin 908,031,000 new text end	new text begin $ new text end	new text begin 898,494,000 new text end	new text begin $ new text end	new text begin 1,806,525,000 new text end
new text begin Federal new text end		new text begin 19,000,000 new text end		new text begin 19,000,000 new text end		new text begin 38,000,000 new text end
new text begin State Government Special Revenue new text end		new text begin 66,573,000 new text end		new text begin 70,336,000 new text end		new text begin 136,909,000 new text end
new text begin Environmental Fund 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
new text begin Special Revenue Fund new text end		new text begin 14,559,000 new text end		new text begin 14,559,000 new text end		new text begin 29,118,000 new text end
new text begin Trunk Highway new text end		new text begin 1,941,000 new text end		new text begin 1,941,000 new text end		new text begin 3,882,000 new text end
new text begin Total new text end	new text begin $ new text end	new text begin 1,010,173,000 new text end	new text begin $ new text end	new text begin 1,004,399,000 new text end	new text begin $ new text end	new text begin 2,014,572,000 new text end

Sec. 2. new text begin PUBLIC SAFETY APPROPRIATIONS. new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this article. The appropriations are from the
general fund, or another named fund, and are available for the fiscal years indicated
for each purpose. The figures "2010" and "2011" used in this article mean that the
appropriations listed under them are available for the fiscal year ending June 30, 2010, or
June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is fiscal
year 2011. "The biennium" is fiscal years 2010 and 2011. Appropriations for the fiscal
year ending June 30, 2009, are effective the day following final enactment.
new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2010 new text end		new text begin 2011 new text end

Sec. 3. new text begin SUPREME COURT new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 43,919,000 new text end

new text begin $ new text end

new text begin 43,366,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Supreme Court Operations new text end

new text begin 31,740,000 new text end

new text begin 31,339,000 new text end

new text begin (a) Contingent Account. $5,000 each year
is for a contingent account for expenses
necessary for the normal operation of the
court for which no other reimbursement is
provided.
new text end

new text begin (b) Criminal Justice Forum. The chief
justice is requested to continue the criminal
justice forum to evaluate and examine
criminal justice efficiencies and costs
savings, and may submit a report of the
findings and recommendations to the chairs
and ranking minority members of the house
of representatives and senate committees
with jurisdiction over public safety policy
and finance by February 15, 2010.
new text end

new text begin (c) Federal Stimulus Funds. The Supreme
Court is encouraged to apply for all available
grants for federal stimulus funds to: (1)
continue drug court programs that lose
state funding; and (2) make technological
improvements within the judicial system.
new text end

new text begin (d) Judicial and Referee Vacancies.
The Supreme Court shall not certify a
judicial or referee vacancy under Minnesota
Statutes, section 2.722, until it has examined
alternative options, such as temporarily
suspending certification of the vacant
position or assigning a retired judge to
temporarily fill the position. Thirty days
prior to certifying any judicial or referee
vacancy to the governor, the Supreme
Court shall submit to the chairs and
ranking minority members of the house
of representatives and senate committees
with jurisdiction over public safety and
judiciary policy and finance a report with
a detailed explanation of the alternatives
that were examined, why those alternatives
were rejected, and why certification of the
position is necessary for effective judicial
administration and adequate access to the
courts.
new text end

new text begin Subd. 3. new text end new text begin Civil Legal Services new text end

new text begin 12,179,000 new text end

new text begin 12,027,000 new text end

new text begin Legal Services to Low-Income Clients in
Family Law Matters. Of this appropriation,
$877,000 each year is to improve the
access of low-income clients to legal
representation in family law matters. This
appropriation must be distributed under
Minnesota Statutes, section 480.242, to
the qualified legal services programs
described in Minnesota Statutes, section
480.242, subdivision 2, paragraph (a). Any
unencumbered balance remaining in the first
year does not cancel and is available in the
second year.
new text end

Sec. 4. new text begin COURT OF APPEALS new text end

new text begin $ new text end

new text begin 10,353,000 new text end

new text begin $ new text end

new text begin 10,222,000 new text end

Sec. 5. new text begin TRIAL COURTS new text end

new text begin $ new text end

new text begin 251,696,000 new text end

new text begin $ new text end

new text begin 248,540,000 new text end

Sec. 6. new text begin TAX COURT new text end

new text begin $ new text end

new text begin 800,000 new text end

new text begin $ new text end

new text begin 800,000 new text end

Sec. 7. new text begin UNIFORM LAWS COMMISSION new text end

new text begin $ new text end

new text begin 51,000 new text end

new text begin $ new text end

new text begin 50,000 new text end

Sec. 8. new text begin BOARD ON JUDICIAL STANDARDS new text end

new text begin $ new text end

new text begin 446,000 new text end

new text begin $ new text end

new text begin 446,000 new text end

new text begin The base budget for the Board on Judicial
Standards shall be $321,000 in fiscal year
2012 and $321,000 in fiscal year 2013.
new text end

Sec. 9. new text begin BOARD OF PUBLIC DEFENSE new text end

new text begin $ new text end

new text begin 67,628,000 new text end

new text begin $ new text end

new text begin 65,028,000 new text end

new text begin Agency Lobbyists. No portion of this
appropriation may be used to pay the salary
or fee of a person retained to serve as the
board's legislative liaison or lobbyist.
new text end

Sec. 10. new text begin PUBLIC SAFETY new text end

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 160,529,000 new text end

new text begin $ new text end

new text begin 160,892,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2010 new text end	new text begin 2011 new text end
new text begin General new text end	new text begin 82,439,000 new text end	new text begin 79,039,000 new text end
new text begin Special Revenue new text end	new text begin 9,507,000 new text end	new text begin 9,507,000 new text end
new text begin State Government Special Revenue new text end	new text begin 66,573,000 new text end	new text begin 70,336,000 new text end
new text begin Environmental new text end	new text begin 69,000 new text end	new text begin 69,000 new text end
new text begin Trunk Highway new text end	new text begin 1,941,000 new text end	new text begin 1,941,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin (a) new text begin Agency Lobbyists. new text end No portion of this
appropriation may be used to pay the salary
or fee of a person retained to serve as the
agency's legislative liaison or lobbyist.
new text end

new text begin (b) new text begin Employees of the Governor. new text end Any
personnel costs attributable to the Office
of the Governor must be accounted for
through an appropriation to the Office of
the Governor. The commissioner may not
enter into agreements with the Office of the
Governor under which personnel costs in
the office of the governor are supported by
appropriations to the agency.
new text end

new text begin (c) new text begin Car Fleet. new text end By January 1, 2010, the
commissioner must reduce the department's
fleet of cars in the seven-county metropolitan
area by 20 percent.
new text end

new text begin Subd. 2. new text end new text begin Emergency Management new text end

new text begin 2,583,000 new text end

new text begin 2,583,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 1,910,000 new text end	new text begin 1,910,000 new text end
new text begin Special Revenue new text end	new text begin 604,000 new text end	new text begin 604,000 new text end
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 Hazmat and Chemical Assessment Teams. new text end new text begin
$604,000 each year is appropriated from the
fire safety account in the special revenue
fund. These amounts must be used to
fund the hazardous materials and chemical
assessment teams.
new text end

new text begin Subd. 3. new text end new text begin Criminal Apprehension new text end

new text begin 43,763,000 new text end

new text begin 42,063,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 41,815,000 new text end	new text begin 40,115,000 new text end
new text begin State Government Special Revenue new text end	new text begin 7,000 new text end	new text begin 7,000 new text end
new text begin Trunk Highway new text end	new text begin 1,941,000 new text end	new text begin 1,941,000 new text end

new text begin (a) Forensic Scientists. When formulating
the budget and the need for additional
scientists for the state's crime labs, the
commissioner, in consultation with the
superintendent of the Bureau of Criminal
Apprehension, must consider the number
and capacity of scientists employed in labs
operated by local units of government.
new text end

new text begin (b) DWI Lab Analysis; Trunk Highway
Fund. Notwithstanding Minnesota Statutes,
section 161.20, subdivision 3, $1,941,000
each year is appropriated from the trunk
highway fund for laboratory analysis related
to driving while impaired cases.
new text end

new text begin Subd. 4. new text end new text begin Fire Marshal new text end

new text begin 8,000,000 new text end

new text begin 8,000,000 new text end

new text begin This appropriation is from the fire safety
account in the special revenue fund.
new text end

new text begin Of this amount, $5,732,000 each year is for
activities under Minnesota Statutes, section
299F.012, and $2,268,000 each year is for
transfer to the general fund under Minnesota
Statutes, section 297I.06, subdivision 3.
new text end

new text begin Subd. 5. new text end new text begin Alcohol and Gambling Enforcement new text end

new text begin 2,538,000 new text end

new text begin 2,538,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 1,635,000 new text end	new text begin 1,635,000 new text end
new text begin Special Revenue new text end	new text begin 903,000 new text end	new text begin 903,000 new text end

new text begin This appropriation is from the alcohol
enforcement account in the special revenue
fund. Of this appropriation, $750,000 each
year shall be transferred to the general fund.
The transfer amount for fiscal year 2012 and
fiscal year 2013 shall be $500,000 per year.
new text end

new text begin Subd. 6. new text end new text begin Office of Justice Programs new text end

new text begin 37,175,000 new text end

new text begin 35,475,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 37,079,000 new text end	new text begin 35,379,000 new text end
new text begin State Government Special Revenue new text end	new text begin 96,000 new text end	new text begin 96,000 new text end

new text begin (a) Federal Stimulus Funds; Report.
By June 1, 2009, the Office of Justice
Programs shall submit to the chairs and
ranking minority members of the house
of representatives and senate committees
with jurisdiction over public safety policy
and finance a detailed plan outlining the
competitive grant process to be used to
administer the federal stimulus funds. The
plan must describe: (1) the administrative
process in accepting and reviewing
applications, (2) the criteria used in
awarding grants, and (3) program reporting
requirements.
new text end

new text begin The Office of Justice Programs must consider
awarding grants for federal stimulus funds
for the following activities and programs:
new text end

new text begin (i) trafficking victim programs, including
legal advocacy clinics, training programs,
public awareness initiatives, and victim
services hotlines;
new text end

new text begin (ii) nonprofit organizations dedicated
to providing immediate and long-term
emotional support and practical help for
families and friends of persons who have
died traumatically;
new text end

new text begin (iii) organizations that provide mentoring
grants for children of incarcerated parents;
new text end

new text begin (iv) youth intervention programs, as defined
under Minnesota Statutes, section 299A.73,
with an emphasis on those programs that
provide early intervention youth services to
children in their communities;
new text end

new text begin (v) programs that seek to develop and
increase juvenile detention alternatives;
new text end

new text begin (vi) re-entry programs for offenders;
new text end

new text begin (vii) restorative justice programs, as defined
in Minnesota Statutes, section 611A.775,
except that a program that receives federal
funds shall not use the funds for cases
involving domestic assault; and
new text end

new text begin (viii) judicial branch efficiency programs,
including e-citation and fine management
and collection program improvements.
new text end

new text begin By October 1, 2009, the Office of Justice
Programs must submit to the chairs and
ranking minority members of the house of
representatives and senate committees with
jurisdiction over public safety policy and
finance a list of all the grants awarded by
the Office of Justice Programs using federal
stimulus funds, including the name of the
grantee, the amount awarded, the funded
activities or programs, and the length of the
grant.
new text end

new text begin For purposes of this section, "federal
stimulus funds" means funding provided to
the state under the American Recovery and
Reinvestment Act of 2009.
new text end

new text begin (b) Crime Victim and Youth Intervention
Programs. For the biennium ending June
30, 2011, funding for the following programs
must not be reduced by more than three
percent from the level of state funding
provided for the biennium ending June
30, 2009: (1) crime victim reparations;
(2) battered women's shelters; (3) general
crime victim programs; (4) sexual assault
victim programs; and (5) youth intervention
programs.
new text end

new text begin Subd. 7. new text end new text begin Emergency Communication Networks new text end

new text begin 66,470,000 new text end

new text begin 70,233,000 new text end

new text begin This appropriation is from the state
government special revenue fund for 911
emergency telecommunications services.
new text end

new text begin (a) Public Safety Answering Points.
$13,664,000 each year is to be distributed
as provided in Minnesota Statutes, section
403.113, subdivision 2.
new text end

new text begin (b) Medical Resource Communication
Centers. $683,000 each year is for grants
to the Minnesota Emergency Medical
Services Regulatory Board for the Metro
East and Metro West Medical Resource
Communication Centers that were in
operation before January 1, 2000.
new text end

new text begin (c) ARMER Debt Service. $17,557,000 the
first year and $23,261,000 the second year
are to the commissioner of finance to pay
debt service on revenue bonds issued under
Minnesota Statutes, section 403.275.
new text end

new text begin Any portion of this appropriation not needed
to pay debt service in a fiscal year may be
used by the commissioner of public safety to
pay cash for any of the capital improvements
for which bond proceeds were appropriated
by Laws 2005, chapter 136, article 1, section
9, subdivision 8, or Laws 2007, chapter 54,
article 1, section 10, subdivision 8.
new text end

new text begin (d) Metropolitan Council Debt Service.
$1,410,000 each year is to the commissioner
of finance for payment to the Metropolitan
Council for debt service on bonds issued
under Minnesota Statutes, section 403.27.
new text end

new text begin (e) ARMER State Backbone Operating
Costs. $5,060,000 each year is to the
commissioner of transportation for costs
of maintaining and operating the first and
third phases of the statewide radio system
backbone.
new text end

new text begin (f) ARMER Improvements. $1,000,000
each year is for the Statewide Radio Board
for costs of design, construction, maintenance
of, and improvements to those elements
of the statewide public safety radio and
communication system that support mutual
aid communications and emergency medical
services or provide enhancement of public
safety communication interoperability.
new text end

new text begin (g) Next Generation 911. $3,431,000 in
fiscal year 2010 and $6,490,000 in fiscal year
2011 is to replace the current system with the
Next Generation Internet Protocol (IP) based
network. The base level of funding for fiscal
year 2012 shall be $2,965,000.
new text end

new text begin (h) Emergency Communication System.
$5,000,000 the first year is to be used by
the commissioner for any purpose related
to the effective operation of the emergency
communication system in the state, including
the cost of personnel who prepare for and
respond to emergencies.
new text end

Sec. 11. new text begin PEACE OFFICER STANDARDS AND TRAINING BOARD (POST) new text end

new text begin $ new text end

new text begin 4,162,000 new text end

new text begin $ new text end

new text begin 4,162,000 new text end

new text begin (a) Excess Amounts Transferred. This
appropriation is from the peace officer
training account in the special revenue fund.
Any new receipts credited to that account in
the first year in excess of $4,162,000 must be
transferred and credited to the general fund.
Any new receipts credited to that account in
the second year in excess of $4,162,000 must
be transferred and credited to the general
fund.
new text end

new text begin (b) Peace Officer Training
Reimbursements. $3,009,000 each
year is for reimbursements to local
governments for peace officer training costs.
new text end

new text begin (c) Agency Lobbyists. No portion of this
appropriation may be used to pay the salary
or fee of a person retained to serve as the
board's legislative liaison or lobbyist.
new text end

Sec. 12. new text begin PRIVATE DETECTIVE BOARD new text end

new text begin $ new text end

new text begin 125,000 new text end

new text begin $ new text end

new text begin 125,000 new text end

Sec. 13. new text begin HUMAN RIGHTS new text end

new text begin $ new text end

new text begin 3,534,000 new text end

new text begin $ new text end

new text begin 3,418,000 new text end

new text begin The base budget for the Department of
Human Rights shall be $3,368,000 in fiscal
year 2012 and $3,368,000 in fiscal year 2013.
new text end

Sec. 14. new text begin DEPARTMENT OF CORRECTIONS new text end

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 466,339,000 new text end

new text begin $ new text end

new text begin 466,759,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2010 new text end	new text begin 2011 new text end
new text begin General new text end	new text begin 446,449,000 new text end	new text begin 446,869,000 new text end
new text begin Special Revenue new text end	new text begin 890,000 new text end	new text begin 890,000 new text end
new text begin Federal new text end	new text begin 19,000,000 new text end	new text begin 19,000,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin (a) new text begin Agency Lobbyists. new text end No portion of this
appropriation may be used to pay the salary
or fee of a person retained to serve as the
agency's legislative liaison or lobbyist.
new text end

new text begin (b) new text begin Employees of the Governor. new text end Any
personnel costs attributable to the Office
of the Governor must be accounted for
through an appropriation to the Office of
the Governor. The commissioner may not
enter into agreements with the Office of the
Governor under which personnel costs in
the Office of the Governor are supported by
appropriations to the agency.
new text end

new text begin (c) new text begin Car Fleet. new text end By January 1, 2010, the
commissioner must reduce the department's
fleet of cars by 20 percent.
new text end

new text begin Subd. 2. new text end new text begin Correctional Institutions new text end

new text begin 328,336,000 new text end

new text begin 333,363,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 308,756,000 new text end	new text begin 313,783,000 new text end
new text begin Special Revenue new text end	new text begin 580,000 new text end	new text begin 580,000 new text end
new text begin Federal new text end	new text begin 19,000,000 new text end	new text begin 19,000,000 new text end

new text begin $19,000,000 each year is from the fiscal
stabilization account in the American
Recovery and Reinvestment Act of 2009.
This is a onetime appropriation.
new text end

new text begin The general fund base for this program shall
be $331,546,000 in fiscal year 2012 and
$336,085,000 in fiscal year 2013.
new text end

new text begin (a) Treatment Alternatives; Report. By
December 15, 2009, the commissioner
must submit a report to the chairs and
ranking minority members of the house of
representatives and senate committees with
jurisdiction over public safety policy and
finance concerning alternative chemical
dependency treatment opportunities.
The report must identify alternatives
that represent best practices in chemical
dependency treatment of offenders. The
report must contain suggestions for
reducing the length of time between
offender commitment to the custody of the
commissioner and graduation from chemical
dependency treatment. To the extent
possible, the report shall identify options
that will (1) reduce the cost of treatment;
(2) expand the number of treatment beds;
(3) improve treatment outcomes; and (4)
lower the rate of substance abuse relapse and
criminal recidivism.
new text end

new text begin (b) Challenge Incarceration; Maximum
Occupancy. The commissioner shall work to
fill all available challenge incarceration beds
for both male and female offenders. If the
commissioner fails to fill at least 90 percent
of the available challenge incarceration beds
by December 1, 2009, the commissioner
must submit a report to the chairs and
ranking minority members of the house of
representatives and senate committees with
jurisdiction over public safety policy and
finance by January 15, 2010, explaining what
steps the commissioner has taken to fill the
beds and why those steps failed to reach the
goal established by the legislature.
new text end

new text begin (c) Performance Measures; Per Diem
Reduction; Report to the Legislature. The
commissioner of corrections must reduce the
fiscal year 2008 average adult facility per
diem of $89.77 by one percent. The base
is cut by $2,850,000 in the first year and
$2,850,000 in the second year to reflect a
one percent reduction in the projected adult
facility per diem.
new text end

new text begin In reducing the projected adult facility per
diem, the commissioner must consider the
following:
new text end

new text begin (1) cooperating with the state of Wisconsin
to obtain economies of scale;
new text end

new text begin (2) increasing the bed capacity of the
challenge incarceration program;
new text end

new text begin (3) increasing the number of nonviolent drug
offenders who are granted conditional release
under Minnesota Statutes, section 244.055;
new text end

new text begin (4) increasing the use of compassionate
release or less costly detention alternatives
for elderly and infirm offenders;
new text end

new text begin (5) implementing corrections best practices;
and
new text end

new text begin (6) implementing cost-saving measures used
by other states and the federal government.
new text end

new text begin The commissioner must not eliminate
correctional officer positions or implement
any other measure that will jeopardize public
safety to achieve the mandated cost savings.
The commissioner also must not eliminate
treatment beds to achieve the mandated cost
savings.
new text end

new text begin If the commissioner fails to reduce the per
diem by one percent, the commissioner must:
new text end

new text begin (i) reduce the funding for operations support
by the amount of unrealized savings; and
new text end

new text begin (ii) submit a report by February 15,
2010, to the chairs and ranking minority
members of the house of representatives
and senate committees with jurisdiction
over public safety policy and finance that
contains descriptions of what efforts the
commissioner made to reduce the per diem,
explanations for why those steps failed to
reduce the per diem by one percent, proposed
legislative options that would assist the
commissioner in reducing the adult facility
per diem, and descriptions of the specific
actions the commissioner took to reduce
funding in operations support.
new text end

new text begin If the commissioner reduces the per diem
by more than one percent, the commissioner
must use the savings to provide treatment to
offenders.
new text end

new text begin (d) Drug Court Bed Savings. The
commissioner must consider the bed impact
savings of drug courts in formulating its
prison bed projections.
new text end

new text begin Subd. 3. new text end new text begin Community Services new text end

new text begin 115,044,000 new text end

new text begin 111,837,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 114,944,000 new text end	new text begin 111,737,000 new text end
new text begin Special Revenue new text end	new text begin 100,000 new text end	new text begin 100,000 new text end

new text begin (a) new text begin Short-Term Offenders. new text end $1,607,000 in
the first year is for costs associated with the
housing and care of short-term offenders
sentenced prior to June 30, 2009, and housed
in local jails. The commissioner may use
up to ten percent of the total amount of the
appropriation for inpatient medical care
for short-term offenders with less than six
months to serve as affected by the changes
made to Minnesota Statutes, section 609.105,
by Laws 2003, First Special Session chapter
2, article 5, sections 7 to 9. All funds not
expended for inpatient medical care shall be
added to and distributed with the housing
funds. These funds shall be distributed
proportionately based on the total number of
days short-term offenders are placed locally,
not to exceed the fiscal year 2009 per diem.
All funds remaining after reimbursements are
made shall be transferred to the department's
institution base budget to offset the costs
of housing short-term offenders who are
sentenced on or after July 1, 2009, and
incarcerated in state correctional facilities.
Short-term offenders sentenced before July
1, 2009, may be housed in a state correctional
facility at the discretion of the commissioner.
new text end

new text begin This does not preclude the commissioner
from contracting with local jails to house
offenders committed to the custody of the
commissioner.
new text end

new text begin The Department of Corrections is exempt
from the state contracting process for the
purposes of Minnesota Statutes, section
609.105, as amended by Laws 2003, First
Special Session chapter 2, article 5, sections
7 to 9.
new text end

new text begin (b) new text begin Federal Grants. new text end The commissioner
must apply for all available grants for federal
funds under the American Recovery and
Reinvestment Act of 2009 and the Second
Chance Act that the department is eligible to
receive to continue and expand re-entry and
restorative justice programs.
new text end

new text begin Subd. 4. new text end new text begin Operations Support new text end

new text begin 22,959,000 new text end

new text begin 21,559,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 22,749,000 new text end	new text begin 21,349,000 new text end
new text begin Special Revenue new text end	new text begin 210,000 new text end	new text begin 210,000 new text end

new text begin The general fund base for this program
shall be $20,949,000 in fiscal year 2012 and
$20,949,000 in fiscal year 2013.
new text end

Sec. 15. new text begin SENTENCING GUIDELINES new text end

new text begin $ new text end

new text begin 591,000 new text end

new text begin $ new text end

new text begin 591,000 new text end

ARTICLE 2

COURTS AND PUBLIC DEFENDERS

Section 1.

Minnesota Statutes 2008, section 2.722, subdivision 4, is amended to read:

Subd. 4.

Determination of a judicial vacancy.

(a) When a judge of the district
court dies, resigns, retires, or is removed from office, the Supreme Court, in consultation
with judges and attorneys in the affected district, shall determine deleted text begin within 90 days of deleted text end new text begin after new text end
receiving notice of a vacancy from the governor whether the vacant office is necessary
for effective judicial administration or is necessary for adequate access to the courts.
In determining whether the position is necessary for adequate access to the courts, the
Supreme Court shall consider whether abolition or transfer of the position would result in
a county having no chambered judge. The Supreme Court may continue the position, may
order the position abolished, or may transfer the position to a judicial district where need
for additional judges exists, designating the position as either a county, county/municipal
or district court judgeship. The Supreme Court shall certify any vacancy to the governor,
who shall fill it in the manner provided by law.

(b) If a judge of district court fails to timely file an affidavit of candidacy and filing
fee or petition in lieu of a fee, the official with whom the affidavits of candidacy are
required to be filed shall notify the Supreme Court that the incumbent judge is not seeking
reelection. Within five days of receipt of the notice, the Supreme Court shall determine
whether the judicial position is necessary for effective judicial administration or adequate
access to the courts and notify the official responsible for certifying the election results of
its determination. In determining whether the position is necessary for adequate access to
the courts, the Supreme Court shall consider whether abolition or transfer of the position
would result in a county having no chambered judge. The Supreme Court may continue
the position, may order the position abolished, or may transfer the position to a judicial
district where the need for additional judgeships exists. If the position is abolished or
transferred, the election may not be held. If the position is transferred, the court shall also
notify the governor of the transfer. Upon transfer, the position is vacant and the governor
shall fill it in the manner provided by law. An order abolishing or transferring a position is
effective the first Monday in the next January.

Sec. 2.

Minnesota Statutes 2008, section 2.722, subdivision 4a, is amended to read:

Subd. 4a.

Referee vacancy; conversion to judgeship.

When a referee of the
district court dies, resigns, retires, or is voluntarily removed from the position, the chief
judge of the district shall notify the Supreme Court and may petition to request that the
position be converted to a judgeship. The Supreme Court shall determine deleted text begin within 90
days of the petition deleted text end whether to order the position abolished or convert the position to a
judgeship in the affected or another judicial district. The Supreme Court shall certify any
judicial vacancy to the governor, who shall fill it in the manner provided by law. The
conversion of a referee position to a judgeship under this subdivision shall not reduce the
total number of judges and referees hearing cases in the family and juvenile courts.

Sec. 3.

Minnesota Statutes 2008, section 2.724, subdivision 2, is amended to read:

Subd. 2.

Procedure.

To promote and secure more efficient administration of justice,
the chief justice of the Supreme Court of the state shall supervise and coordinate the work
of the courts of the state. The Supreme Court may provide by rule that the chief justice not
be required to write opinions as a member of the Supreme Court. Its rules may further
provide for it to hear and consider cases in divisions. It may by rule assign temporarily
any retired justice of the Supreme Court or one judge of the Court of Appeals or district
court judge at a time to act as a justice of the Supreme Court or any number of justices
or retired justices of the Supreme Court to act as judges of the Court of Appeals. Upon
the assignment of a Court of Appeals judge or a district court judge to act as a justice of
the Supreme Court, a judge previously acting as a justice may complete unfinished duties
of that position. Any number of justices may disqualify themselves from hearing and
considering a case, in which event the Supreme Court may assign temporarily a retired
justice of the Supreme Court, a Court of Appeals judge, or a district court judge to hear
and consider the case in place of each disqualified justice. deleted text begin A retired justice who is acting
as a justice of the Supreme Court or judge of the Court of Appeals under this section shall
receive, in addition to retirement pay, out of the general fund of the state, an amount to
make the retired justice's total compensation equal to the same salary as a justice or judge
of the court on which the justice is acting.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 4.

Minnesota Statutes 2008, section 2.724, subdivision 3, is amended to read:

Subd. 3.

Retired justices and judges.

(a) The chief justice of the Supreme Court
may assign a retired justice of the Supreme Court to act as a justice of the Supreme Court
pursuant to subdivision 2 or as a judge of any other court. The chief justice may assign a
retired judge of any court to act as a judge of any court except the Supreme Court. The
chief justice of the Supreme Court shall determine the pay and expenses to be received by
a new text begin justice or new text end judge acting pursuant to this paragraph.

(b) A judge who has been elected to office and who has retired as a judge in good
standing and is not practicing law may also be appointed to serve as judge of any court
except the Supreme Court. A retired judge acting under this paragraph will receive pay
and expenses in the amount established by the Supreme Court.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 5.

Minnesota Statutes 2008, section 86B.705, subdivision 2, is amended to read:

Subd. 2.

Fines and bail money.

(a) All fines, installment payments, and forfeited
bail money collected from persons convicted of violations of this chapter or rules adopted
thereunder, or of a violation of section 169A.20 involving a motorboat, shall be deleted text begin paid to
the county treasurer of the county where the violation occurred by the court administrator
or other person collecting the money within 15 days after the last day of the month the
money was collected deleted text end new text begin deposited in the state treasury new text end .

(b) One-half of the receipts shall be credited to the general revenue fund deleted text begin of the
county deleted text end . The other one-half of the receipts shall be transmitted deleted text begin by the county treasurer deleted text end to
the commissioner of natural resources deleted text begin to be deposited in the state treasury deleted text end and credited to
the water recreation account for the purpose of boat and water safety.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 6.

Minnesota Statutes 2008, section 134A.09, subdivision 2a, is amended to read:

Subd. 2a.

Petty misdemeanor cases and criminal convictions; fee assessment.

In
Hennepin County and Ramsey County, the district court administrator or a designee may,
upon the recommendation of the board of trustees and by standing order of the judges
of the district court, include in the costs or disbursements assessed against a defendant
convicted in the district court of the violation of a statute or municipal ordinance, a county
law library fee. This fee may be collected in all petty misdemeanor cases and criminal
prosecutions in which, upon conviction, the defendant may be subject to the payment of
the costs or disbursements in addition to a fine or other penalty. new text begin When a defendant is
convicted of more than one offense in a case, the county law library fee shall be imposed
only once in that case.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 7.

Minnesota Statutes 2008, section 134A.10, subdivision 3, is amended to read:

Subd. 3.

Petty misdemeanor cases and criminal convictions; fee assessment.

The judge of district court may, upon the recommendation of the board of trustees and
by standing order, include in the costs or disbursements assessed against a defendant
convicted in the district court of the violation of any statute or municipal ordinance, in
all petty misdemeanor cases and criminal prosecutions in which, upon conviction, the
defendant may be subject to the payment of the costs or disbursements in addition to a fine
or other penalty a county law library fee. new text begin When a defendant is convicted of more than one
offense in a case, the county law library fee shall be imposed only once in that case. new text end The
item of costs or disbursements may not be assessed for any offense committed prior to the
establishment of the county law library.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 8.

Minnesota Statutes 2008, section 152.025, subdivision 1, is amended to read:

Subdivision 1.

Sale crimes.

new text begin (a) new text end A person is guilty of controlled substance crime in
the fifth degree new text begin and if convicted may be sentenced to imprisonment for not more than five
years or to payment of a fine of not more than $10,000, or both new text end if:

(1) the person unlawfully sells one or more mixtures containing marijuana or
tetrahydrocannabinols, except a small amount of marijuana for no remuneration; or

(2) the person unlawfully sells one or more mixtures containing a controlled
substance classified in schedule IV.

new text begin (b) If a person is guilty of controlled substance crime in the fifth degree and the
conviction is a subsequent controlled substance conviction, the person convicted shall be
committed to the commissioner of corrections or to a local correctional authority for
not less than six months nor more than ten years and, in addition, may be sentenced to
payment of a fine of not more than $20,000 if:
new text end

new text begin (1) the person unlawfully sells one or more mixtures containing marijuana or
tetrahydrocannabinols, except a small amount of marijuana for no remuneration; or
new text end

new text begin (2) the person unlawfully sells one or more mixtures containing a controlled
substance classified in schedule IV.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 9.

Minnesota Statutes 2008, section 152.025, subdivision 2, is amended to read:

Subd. 2.

Possession and other crimes.

new text begin (a) new text end A person is guilty of controlled
substance crime in the fifth degree new text begin and if convicted may be sentenced to imprisonment for
not more than five years or to payment of a fine of not more than $10,000, or both new text end if:

(1) the person unlawfully possesses one or more mixtures containing a controlled
substance classified in schedule I, II, III, or IV, except a small amount of marijuana; or

(2) the person procures, attempts to procure, possesses, or has control over a
controlled substance by any of the following means:

(i) fraud, deceit, misrepresentation, or subterfuge;

(ii) using a false name or giving false credit; or

(iii) falsely assuming the title of, or falsely representing any person to be, a
manufacturer, wholesaler, pharmacist, physician, doctor of osteopathy licensed to practice
medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of
obtaining a controlled substance.

new text begin (b) If a person is guilty of controlled substance crime in the fifth degree and the
conviction is a subsequent controlled substance conviction, the person convicted shall be
committed to the commissioner of corrections or to a local correctional authority for
not less than six months nor more than ten years and, in addition, may be sentenced to
payment of a fine of not more than $20,000 if:
new text end

new text begin (1) the person unlawfully possesses one or more mixtures containing a controlled
substance classified in schedule I, II, III, or IV, except a small amount of marijuana; or
new text end

new text begin (2) the person procures, attempts to procure, possesses, or has control over a
controlled substance by any of the following means:
new text end

new text begin (i) fraud, deceit, misrepresentation, or subterfuge;
new text end

new text begin (ii) using a false name or giving false credit; or
new text end

new text begin (iii) falsely assuming the title of, or falsely representing any person to be, a
manufacturer, wholesaler, pharmacist, physician, doctor of osteopathy licensed to practice
medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of
obtaining a controlled substance.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 10.

Minnesota Statutes 2008, section 152.0262, subdivision 1, is amended to read:

Subdivision 1.

Possession of precursors.

new text begin (a) new text end A person is guilty of a crime if the
person possesses any chemical reagents or precursors with the intent to manufacture
methamphetamine new text begin and if convicted may be sentenced to imprisonment for not more than
ten years or to payment of a fine of not more than $20,000, or both new text end .

new text begin (b) A person is guilty of a crime if the person possesses any chemical reagents or
precursors with the intent to manufacture methamphetamine and may be sentenced to
imprisonment for not more than 15 years or to payment of a fine of not more than $30,000,
or both, if the conviction is for a subsequent controlled substance conviction.
new text end

As used in this section and section 152.021, "chemical reagents or precursors"
includes any of the following substances, or any similar substances that can be used to
manufacture methamphetamine, or the salts, isomers, and salts of isomers of a listed or
similar substance:

(1) ephedrine;

(2) pseudoephedrine;

(3) phenyl-2-propanone;

(4) phenylacetone;

(5) anhydrous ammonia;

(6) organic solvents;

(7) hydrochloric acid;

(8) lithium metal;

(9) sodium metal;

(10) ether;

(11) sulfuric acid;

(12) red phosphorus;

(13) iodine;

(14) sodium hydroxide;

(15) benzaldehyde;

(16) benzyl methyl ketone;

(17) benzyl cyanide;

(18) nitroethane;

(19) methylamine;

(20) phenylacetic acid;

(21) hydriodic acid; or

(22) hydriotic acid.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 11.

Minnesota Statutes 2008, section 169A.20, subdivision 1, is amended to read:

Subdivision 1.

Driving while impaired crime new text begin ; motor vehicles new text end .

It is a crime for
any person to drive, operate, or be in physical control of any motor vehicle new text begin , as defined
in section 169A.03, subdivision 15, except for motorboats in operation and off-road
recreational vehicles, new text end within this state or on any boundary water of this state new text begin when new text end :

(1) deleted text begin when deleted text end the person is under the influence of alcohol;

(2) deleted text begin when deleted text end the person is under the influence of a controlled substance;

(3) deleted text begin when deleted text end the person is knowingly under the influence of a hazardous substance that
affects the nervous system, brain, or muscles of the person so as to substantially impair
the person's ability to drive or operate the motor vehicle;

(4) deleted text begin when deleted text end the person is under the influence of a combination of any two or more of
the elements named in clauses (1) deleted text begin , (2), and deleted text end new text begin to new text end (3);

(5) deleted text begin when deleted text end the person's alcohol concentration at the time, or as measured within
two hours of the time, of driving, operating, or being in physical control of the motor
vehicle is 0.08 or more;

(6) deleted text begin when deleted text end the vehicle is a commercial motor vehicle and the person's alcohol
concentration at the time, or as measured within two hours of the time, of driving,
operating, or being in physical control of the commercial motor vehicle is 0.04 or more; or

(7) deleted text begin when deleted text end the person's body contains any amount of a controlled substance listed in
schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 12.

Minnesota Statutes 2008, section 169A.20, is amended by adding a
subdivision to read:

new text begin Subd. 1a. new text end

new text begin Driving while impaired crime; motorboat in operation. new text end

new text begin It is a crime
for any person to operate or be in physical control of a motorboat in operation on any
waters or boundary water of this state when:
new text end

new text begin (1) the person is under the influence of alcohol;
new text end

new text begin (2) the person is under the influence of a controlled substance;
new text end

new text begin (3) the person is knowingly under the influence of a hazardous substance that affects
the nervous system, brain, or muscles of the person so as to substantially impair the
person's ability to drive or operate the motorboat;
new text end

new text begin (4) the person is under the influence of a combination of any two or more of the
elements named in clauses (1) to (3);
new text end

new text begin (5) the person's alcohol concentration at the time, or as measured within two hours
of the time, of driving, operating, or being in physical control of the motorboat is 0.08 or
more; or
new text end

new text begin (6) the person's body contains any amount of a controlled substance listed in
schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 13.

Minnesota Statutes 2008, section 169A.20, is amended by adding a
subdivision to read:

new text begin Subd. 1b. new text end

new text begin Driving while impaired crime; snowmobile and all-terrain vehicle. new text end

new text begin It
is a crime for any person to operate or be in physical control of a snowmobile as defined in
section 84.81, subdivision 3, or all-terrain vehicle as defined in section 84.92, subdivision
8, anywhere in this state or on the ice of any boundary water of this state when:
new text end

new text begin (1) the person is under the influence of alcohol;
new text end

new text begin (2) the person is under the influence of a controlled substance;
new text end

new text begin (3) the person is knowingly under the influence of a hazardous substance that affects
the nervous system, brain, or muscles of the person so as to substantially impair the
person's ability to drive or operate the snowmobile or all-terrain vehicle;
new text end

new text begin (4) the person is under the influence of a combination of any two or more of the
elements named in clauses (1) to (3);
new text end

new text begin (5) the person's alcohol concentration at the time, or as measured within two hours
of the time, of driving, operating, or being in physical control of the snowmobile or
all-terrain vehicle is 0.08 or more; or
new text end

new text begin (6) the person's body contains any amount of a controlled substance listed in
schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 14.

Minnesota Statutes 2008, section 169A.20, is amended by adding a
subdivision to read:

new text begin Subd. 1c. new text end

new text begin Driving while impaired crime; off-highway motorcycle and off-road
vehicle. new text end

new text begin It is a crime for any person to operate or be in physical control of any off-highway
motorcycle as defined in section 84.787, subdivision 7, or any off-road vehicle as defined
in section 84.797, subdivision 7, anywhere in this state or on the ice of any boundary
water of this state when:
new text end

new text begin (1) the person is under the influence of alcohol;
new text end

new text begin (2) the person is under the influence of a controlled substance;
new text end

new text begin (3) the person is knowingly under the influence of a hazardous substance that affects
the nervous system, brain, or muscles of the person so as to substantially impair the
person's ability to drive or operate the off-highway motorcycle or off-road vehicle;
new text end

new text begin (4) the person is under the influence of a combination of any two or more of the
elements named in clauses (1) to (3);
new text end

new text begin (5) the person's alcohol concentration at the time, or as measured within two hours of
the time, of driving, operating, or being in physical control of the off-highway motorcycle
or off-road vehicle is 0.08 or more; or
new text end

new text begin (6) the person's body contains any amount of a controlled substance listed in
schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 15.

Minnesota Statutes 2008, section 169A.25, subdivision 1, is amended to read:

Subdivision 1.

Degree described.

(a) A person who violates section 169A.20,
subdivision 1 new text begin , 1a, 1b, or 1c new text end (driving while impaired crime), is guilty of second-degree
driving while impaired if two or more aggravating factors were present when the violation
was committed.

(b) A person who violates section 169A.20, subdivision 2 (refusal to submit to
chemical test crime), is guilty of second-degree driving while impaired if one aggravating
factor was present when the violation was committed.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 16.

Minnesota Statutes 2008, section 169A.26, subdivision 1, is amended to read:

Subdivision 1.

Degree described.

(a) A person who violates section 169A.20,
subdivision 1 new text begin , 1a, 1b, or 1c new text end (driving while impaired crime), is guilty of third-degree driving
while impaired if one aggravating factor was present when the violation was committed.

(b) A person who violates section 169A.20, subdivision 2 (refusal to submit to
chemical test crime), is guilty of third-degree driving while impaired.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 17.

Minnesota Statutes 2008, section 169A.27, subdivision 1, is amended to read:

Subdivision 1.

Degree described.

A person who violates section 169A.20,
subdivision 1 new text begin , 1a, 1b, or 1c new text end (driving while impaired crime), is guilty of fourth-degree
driving while impaired.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 18.

Minnesota Statutes 2008, section 169A.28, subdivision 2, is amended to read:

Subd. 2.

Permissive consecutive sentences; multiple offenses.

(a) When a person
is being sentenced for a violation of a provision listed in paragraph (e), the court may
sentence the person to a consecutive term of imprisonment for a violation of any other
provision listed in paragraph (e), notwithstanding the fact that the offenses arose out of the
same course of conduct, subject to the limitation on consecutive sentences contained in
section 609.15, subdivision 2, and except as provided in paragraphs (b) and (c).

(b) When a person is being sentenced for a violation of section 171.09 (violation
of condition of restricted license), 171.20 (operation after revocation, suspension,
cancellation, or disqualification), 171.24 (driving without valid license), or 171.30
(violation of condition of limited license), the court may not impose a consecutive sentence
for another violation of a provision in chapter 171 (drivers' licenses and training schools).

(c) When a person is being sentenced for a violation of section 169.791 (failure to
provide proof of insurance) or 169.797 (failure to provide vehicle insurance), the court
may not impose a consecutive sentence for another violation of a provision of sections
169.79 to 169.7995.

(d) This subdivision does not limit the authority of the court to impose consecutive
sentences for crimes arising on different dates or to impose a consecutive sentence when
a person is being sentenced for a crime and is also in violation of the conditions of
a stayed or otherwise deferred sentence under section 609.135 (stay of imposition or
execution of sentence).

(e) This subdivision applies to misdemeanor and gross misdemeanor violations of
the following if the offender has two or more prior impaired driving convictions within
the past ten years:

(1) section 169A.20, subdivision 1 new text begin , 1a, 1b, or 1c new text end (driving while impaired; impaired
driving offenses);

(2) section 169A.20, subdivision 2 (driving while impaired; test refusal offense);

(3) section 169.791;

(4) section 169.797;

(5) section 171.09 (violation of condition of restricted license);

(6) section 171.20, subdivision 2 (operation after revocation, suspension,
cancellation, or disqualification);

(7) section 171.24; and

(8) section 171.30.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 19.

Minnesota Statutes 2008, section 169A.284, is amended to read:

169A.284 CHEMICAL DEPENDENCY 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 (chemical use assessment;
requirement; form), it shall new text begin order the person to pay the cost of the 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 new text end impose
a chemical dependency assessment charge of deleted text begin $125 deleted text end new text begin $25 new text end . new text begin The court may waive the $25
assessment charge, but may not waive the cost for the assessment paid directly to the
entity conducting the assessment or providing assessment services. new text end 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
or authorize payment of the assessment charge and surcharge in installments unless it
makes written findings on the record that the convicted person is indigent or that the
assessment charge and surcharge would create undue hardship for the convicted person or
that person's immediate family.

(b) The chemical dependency 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).

Subd. 2.

Distribution of money.

The deleted text begin county deleted text end new text begin court administrator new text end shall collect and
forward deleted text begin to the commissioner of finance $25 of deleted text end the chemical dependency assessment
charge and the $5 surcharge, if any, deleted text begin within 60 days after sentencing or explain to the
commissioner in writing why the money was not forwarded within this time period. The
commissioner shall credit the money deleted text end new text begin to the commissioner of finance to be deposited in the
state treasury and credited new text end to the general fund. deleted text begin The county shall collect and keep $100 of
the chemical dependency assessment charge.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 20.

Minnesota Statutes 2008, section 169A.46, subdivision 1, is amended to read:

Subdivision 1.

Impairment occurred after driving ceased.

If proven by a
preponderance of the evidence, it is an affirmative defense to a violation of section
169A.20, subdivision 1, clause (5) new text begin ; 1a, clause (5); 1b, clause (5); or 1c, clause (5) new text end (driving
while impaired, alcohol concentration within two hours of driving), or 169A.20 by a
person having an alcohol concentration of 0.20 or more as measured at the time, or within
two hours of the time, of the offense, that the defendant consumed a sufficient quantity
of alcohol after the time of the violation and before the administration of the evidentiary
test to cause the defendant's alcohol concentration to exceed the level specified in the
applicable clause. Evidence that the defendant consumed alcohol after the time of the
violation may not be admitted in defense to any alleged violation of section 169A.20,
unless notice is given to the prosecution prior to the omnibus or pretrial hearing in the
matter.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 21.

Minnesota Statutes 2008, section 169A.54, subdivision 1, is amended to read:

Subdivision 1.

Revocation periods for DWI convictions.

Except as provided in
subdivision 7, the commissioner shall revoke the driver's license of a person convicted
of violating section 169A.20 (driving while impaired) or an ordinance in conformity
with it, as follows:

(1) for an offense under section 169A.20, subdivision 1 (driving while impaired
crime): not less than 30 days;

(2) for an offense under section 169A.20, subdivision 2 (refusal to submit to
chemical test crime): not less than 90 days;

(3) for an offense occurring within ten years of a qualified prior impaired driving
incident:

(i) if the current conviction is for a violation of section 169A.20, subdivision
1 new text begin , 1a, 1b, or 1c new text end , not less than 180 days and until the court has certified that treatment
or rehabilitation has been successfully completed where prescribed in accordance with
section 169A.70 (chemical use assessments); or

(ii) if the current conviction is for a violation of section 169A.20, subdivision 2, not
less than one year and until the court has certified that treatment or rehabilitation has been
successfully completed where prescribed in accordance with section 169A.70;

(4) for an offense occurring within ten years of the first of two qualified prior
impaired driving incidents: not less than one year, together with denial under section
171.04, subdivision 1, clause (10), until rehabilitation is established in accordance with
standards established by the commissioner; or

(5) for an offense occurring within ten years of the first of three or more qualified
prior impaired driving incidents: not less than two years, together with denial under
section 171.04, subdivision 1, clause (10), until rehabilitation is established in accordance
with standards established by the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 22.

Minnesota Statutes 2008, section 299D.03, subdivision 5, is amended to read:

Subd. 5.

Traffic fines and forfeited bail money.

(a) All fines and forfeited bail
money, deleted text begin from traffic and motor vehicle law violations, deleted text end collected from persons apprehended
or arrested by officers of the State Patrol, shall be deleted text begin paid deleted text end new text begin transmitted new text end by the person or
officer collecting the fines, forfeited bail money, or installments thereof, on or before the
tenth day after the last day of the month in which these moneys were collected, to the
deleted text begin county treasurer of the county where the violation occurred. deleted text end new text begin commissioner of finance.
Except where a different disposition is required in this paragraph, paragraph (b), section
387.213, or otherwise provided by law, new text end three-eighths of these receipts deleted text begin shall be credited to
the general revenue fund of the county, except that in a county in a judicial district under
section 480.181, subdivision 1, paragraph (b), this three-eighths share deleted text end must be deleted text begin transmitted
to the commissioner of finance for deposit deleted text end new text begin deposited new text end in the state treasury and credited to
the new text begin state new text end general fund. The other five-eighths of these receipts deleted text begin shall be transmitted by that
officer to the commissioner of finance and deleted text end must be new text begin deposited in the state treasury and new text end
credited as follows: (1) the first $600,000 in each fiscal year must be credited to the
Minnesota grade crossing safety account in the special revenue fund, and (2) remaining
receipts must be credited to the new text begin state new text end trunk highway fund. If, however, the violation occurs
within a municipality and the city attorney prosecutes the offense, and a plea of not guilty
is entered, one-third of the receipts shall be new text begin deposited in the state treasury and new text end credited
to the new text begin state new text end general deleted text begin revenue deleted text end fund deleted text begin of the county deleted text end , one-third of the receipts shall be paid
to the municipality prosecuting the offense, and one-third shall be deleted text begin transmitted to the
commissioner of finance as provided in this subdivision. deleted text end new text begin deposited in the state treasury
and credited to the Minnesota grade crossing safety account or the state trunk highway
fund as provided in this paragraph. When section 387.213 also is applicable to the fine,
section 387.213 shall be applied before this paragraph is applied. new text end All costs of participation
in a nationwide police communication system chargeable to the state of Minnesota shall
be paid from appropriations for that purpose.

(b) Notwithstanding any other provisions of law, all fines and forfeited bail money
from violations of statutes governing the maximum weight of motor vehicles, collected
from persons apprehended or arrested by employees of the state of Minnesota, by means
of stationary or portable scales operated by these employees, shall be deleted text begin paid deleted text end new text begin transmitted new text end by
the person or officer collecting the fines or forfeited bail money, on or before the tenth day
after the last day of the month in which the collections were made, to the deleted text begin county treasurer
of the county where the violation occurred deleted text end new text begin commissioner of finance new text end . Five-eighths of these
receipts shall be deleted text begin transmitted by that officer to the commissioner of finance and shall be deleted text end new text begin
deposited in the state treasury and new text end credited to the new text begin state new text end highway user tax distribution fund.
Three-eighths of these receipts shall be new text begin deposited in the state treasury and new text end credited to the
new text begin state new text end general deleted text begin revenue fund of the county, except that in a county in a judicial district
under section 480.181, subdivision 1, paragraph (b), this three-eighths share must be
transmitted to the commissioner of finance for deposit in the state treasury and credited
to the general deleted text end fund.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 23.

Minnesota Statutes 2008, section 357.021, subdivision 2, is amended to read:

Subd. 2.

Fee amounts.

The fees to be charged and collected by the court
administrator shall be as follows:

(1) In every civil action or proceeding in said court, including any case arising under
the tax laws of the state that could be transferred or appealed to the Tax Court, the plaintiff,
petitioner, or other moving party shall pay, when the first paper is filed for that party in said
action, a fee of deleted text begin $240 deleted text end new text begin $300 new text end , except in marriage dissolution actions the fee is deleted text begin $270 deleted text end new text begin $330 new text end .

The defendant or other adverse or intervening party, or any one or more of several
defendants or other adverse or intervening parties appearing separately from the others,
shall pay, when the first paper is filed for that party in said action, a fee of deleted text begin $240 deleted text end new text begin $300 new text end ,
except in marriage dissolution actions the fee is deleted text begin $270 deleted text end new text begin $330 new text end .

The party requesting a trial by jury shall pay deleted text begin $75 deleted text end new text begin $100 new text end .

The fees above stated shall be the full trial fee chargeable to said parties irrespective
of whether trial be to the court alone, to the court and jury, or disposed of without trial,
and shall include the entry of judgment in the action, but does not include copies or
certified copies of any papers so filed or proceedings under chapter 103E, except the
provisions therein as to appeals.

(2) Certified copy of any instrument from a civil or criminal proceeding, deleted text begin $10 deleted text end new text begin $14 new text end ,
and deleted text begin $5 deleted text end new text begin $8 new text end for an uncertified copy.

(3) Issuing a subpoena, deleted text begin $12 deleted text end new text begin $16 new text end for each name.

(4) Filing a motion or response to a motion in civil, family, excluding child support,
and guardianship cases, deleted text begin $55 deleted text end new text begin $100 new text end .

(5) Issuing an execution and filing the return thereof; issuing a writ of attachment,
injunction, habeas corpus, mandamus, quo warranto, certiorari, or other writs not
specifically mentioned, deleted text begin $40 deleted text end new text begin $55 new text end .

(6) Issuing a transcript of judgment, or for filing and docketing a transcript of
judgment from another court, deleted text begin $30 deleted text end new text begin $40 new text end .

(7) Filing and entering a satisfaction of judgment, partial satisfaction, or assignment
of judgment, $5.

(8) Certificate as to existence or nonexistence of judgments docketed, $5 for each
name certified to.

(9) Filing and indexing trade name; or recording basic science certificate;
or recording certificate of physicians, osteopaths, chiropractors, veterinarians, or
optometrists, $5.

(10) For the filing of each partial, final, or annual account in all trusteeships, deleted text begin $40 deleted text end new text begin $55 new text end .

(11) For the deposit of a will, deleted text begin $20 deleted text end new text begin $27 new text end .

(12) For recording notary commission, $100, of which, notwithstanding subdivision
1a, paragraph (b), $80 must be forwarded to the commissioner of finance to be deposited
in the state treasury and credited to the general fund.

(13) Filing a motion or response to a motion for modification of child support,
a fee of deleted text begin $55 deleted text end new text begin $100 new text end .

(14) All other services required by law for which no fee is provided, such fee
as compares favorably with those herein provided, or such as may be fixed by rule or
order of the court.

(15) In addition to any other filing fees under this chapter, a surcharge in the
amount of $75 must be assessed in accordance with section 259.52, subdivision 14, for
each adoption petition filed in district court to fund the fathers' adoption registry under
section 259.52.

The fees in clauses (3) and (5) need not be paid by a public authority or the party
the public authority represents.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 24.

Minnesota Statutes 2008, section 357.021, subdivision 6, is amended to read:

Subd. 6.

Surcharges on criminal and traffic offenders.

(a) Except as provided
in this paragraph, the court shall impose and the court administrator shall collect a $75
surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor,
or petty misdemeanor offense, other than a violation of a law or ordinance relating to
vehicle parking, for which there shall be a deleted text begin $4 deleted text end new text begin $5 new text end surcharge. new text begin When a defendant is convicted
of more than one offense in a case, the surcharge shall be imposed only once in that
case. new text end In the Second Judicial District, the court shall impose, and the court administrator
shall collect, an additional $1 surcharge on every person convicted of any felony, gross
misdemeanor, misdemeanor, or petty misdemeanor offense, including a violation of a law
or ordinance relating to vehicle parking, if the Ramsey County Board of Commissioners
authorizes the $1 surcharge. The surcharge shall be imposed whether or not the person is
sentenced to imprisonment or the sentence is stayed. The surcharge shall not be imposed
when a person is convicted of a petty misdemeanor for which no fine is imposed.

(b) If the court fails to impose a surcharge as required by this subdivision, the court
administrator shall show the imposition of the surcharge, collect the surcharge, and
correct the record.

(c) The court may not waive payment of the surcharge required under this
subdivision. Upon a showing of indigency or undue hardship upon the convicted person
or the convicted person's immediate family, the sentencing court may authorize payment
of the surcharge in installments.

(d) The court administrator or other entity collecting a surcharge shall forward it
to the commissioner of finance.

(e) If the convicted person is sentenced to imprisonment and has not paid the
surcharge before the term of imprisonment begins, the chief executive officer of the
correctional facility in which the convicted person is incarcerated shall collect the
surcharge from any earnings the inmate accrues from work performed in the facility
or while on conditional release. The chief executive officer shall forward the amount
collected to the deleted text begin commissioner of finance deleted text end new text begin court administrator or other entity collecting the
surcharge imposed by the court new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 25.

Minnesota Statutes 2008, section 357.021, subdivision 7, is amended to read:

Subd. 7.

Disbursement of surcharges by commissioner of finance.

(a) Except
as provided in paragraphs (b), (c), and (d), the commissioner of finance shall disburse
surcharges received under subdivision 6 and section 97A.065, subdivision 2, as follows:

(1) one percent shall be credited to the game and fish fund to provide peace officer
training for employees of the Department of Natural Resources who are licensed under
sections 626.84 to 626.863, and who possess peace officer authority for the purpose of
enforcing game and fish laws;

(2) 39 percent shall be credited to the peace officers training account in the special
revenue fund; and

(3) 60 percent shall be credited to the general fund.

(b) The commissioner of finance shall credit $3 of each surcharge received under
subdivision 6 and section 97A.065, subdivision 2, to the general fund.

(c) In addition to any amounts credited under paragraph (a), the commissioner
of finance shall credit $47 of each surcharge received under subdivision 6 and section
97A.065, subdivision 2, and the deleted text begin $4 deleted text end new text begin $5 new text end parking surcharge, to the general fund.

(d) If the Ramsey County Board of Commissioners authorizes imposition of
the additional $1 surcharge provided for in subdivision 6, paragraph (a), the court
administrator in the Second Judicial District shall transmit the surcharge to the
commissioner of finance. The $1 special surcharge is deposited in a Ramsey County
surcharge account in the special revenue fund and amounts in the account are appropriated
to the trial courts for the administration of the petty misdemeanor diversion program
operated by the Second Judicial District Ramsey County Violations Bureau.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 26.

Minnesota Statutes 2008, section 357.022, is amended to read:

357.022 CONCILIATION COURT FEE.

The court administrator in every county shall charge and collect a filing fee of deleted text begin $50 deleted text end new text begin
$65 new text end from every plaintiff and from every defendant when the first paper for that party is
filed in any conciliation court action. This section does not apply to conciliation court
actions filed by the state. The court administrator shall transmit the fees monthly to the
commissioner of finance for deposit in the state treasury and credit to the general fund.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 27.

Minnesota Statutes 2008, section 357.08, is amended to read:

357.08 PAID BY APPELLANT IN APPEAL.

There shall be paid to the clerk of the appellate courts by the appellant, or moving
party or person requiring the service, in all cases of appeal, certiorari, habeas corpus,
mandamus, injunction, prohibition, or other original proceeding, when initially filed with
the clerk of the appellate courts, the sum of deleted text begin $500 deleted text end new text begin $550 new text end to the clerk of the appellate courts.
An additional filing fee of $100 shall be required for a petition for accelerated review by
the Supreme Court. A filing fee of deleted text begin $500 deleted text end new text begin $550 new text end shall be paid to the clerk of the appellate
courts upon the filing of a petition for review from a decision of the Court of Appeals. A
filing fee of deleted text begin $500 deleted text end new text begin $550 new text end shall be paid to the clerk of the appellate courts upon the filing
of a petition for permission to appeal. A filing fee of $100 shall be paid to the clerk of
the appellate courts upon the filing by a respondent of a notice of review. The clerk shall
transmit the fees to the commissioner of finance for deposit in the state treasury and
credit to the general fund.

The clerk shall not file any paper, issue any writ or certificate, or perform any service
enumerated herein, until the payment has been made for it. The clerk shall pay the sum
into the state treasury as provided for by section 15A.01.

The charges provided for shall not apply to disbarment proceedings, nor to an
action or proceeding by the state taken solely in the public interest, where the state is the
appellant or moving party, nor to copies of the opinions of the court furnished by the clerk
to the parties before judgment, or furnished to the district judge whose decision is under
review, or to such law library associations in counties having a population exceeding
50,000, as the court may direct.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 28.

Minnesota Statutes 2008, section 364.08, is amended to read:

364.08 PRACTICE OF LAW; EXCEPTION.

This chapter shall not apply to the practice of law new text begin or judicial branch employment new text end ;
but nothing in this section shall be construed to preclude the Supreme Court, in its
discretion, from adopting the policies set forth in this chapter.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 29.

Minnesota Statutes 2008, section 375.14, is amended to read:

375.14 OFFICES AND SUPPLIES FURNISHED FOR COUNTY OFFICERS.

The county board shall provide offices at the county seat for the auditor, treasurer,
county recorder, sheriff, court administrator of the district court, and an office for the
county engineer at a site determined by the county board, with suitable furniture and
safes and vaults for the security and preservation of the books and papers of the offices,
and provide heating, lighting, and maintenance of the offices. The board shall furnish
all county officers with all books, stationery, letterheads, envelopes, postage, telephone
service, office equipment, electronic technology, and supplies necessary to the discharge
of their respective duties deleted text begin and make like provision for the judges of the district court
as necessary to the discharge of their duties within the county or concerning matters
arising in it deleted text end . The board is not required to furnish any county officer with professional or
technical books or instruments except when the board deems them directly necessary to
the discharge of official duties as part of the permanent equipment of the office.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 30.

Minnesota Statutes 2008, section 480.15, is amended by adding a subdivision
to read:

new text begin Subd. 10c. new text end

new text begin Uniform collections policies and procedures for courts. new text end

new text begin (a)
Notwithstanding chapter 16D, the state court administrator under the direction of the
Judicial Council may promulgate uniform collections policies and procedures for the
courts and may contract with credit bureaus, public and private collection agencies, the
Department of Revenue, and other public or private entities providing collection services
as necessary for the collection of court debts. The court collection process and procedures
are not subject to section 16A.125 or chapter 16D.
new text end

new text begin (b) Court debt means an amount owed to the state directly or through the judicial
branch on account of a fee, duty, rent, service, overpayment, fine, assessment, surcharge,
court cost, penalty, restitution, damages, interest, bail bond, forfeiture, reimbursement,
liability owed, an assignment to the judicial branch, recovery of costs incurred by the
judicial branch, or any other source of indebtedness to the judicial branch as well as
amounts owed to other public or private entities for which the judicial branch acts in
providing collection services, or any other amount owed to the judicial branch.
new text end

new text begin (c) The courts must pay for the collection services of public or private collection
entities as well as the cost of one or more court employees to provide collection interface
services between the Department of Revenue, the courts, and one or more collection
entities from the money collected. The portion of the money collected which must be paid
to the collection entity as collection fees and costs and the portion of the money collected
which must be paid to the courts or Department of Revenue for collection services are
appropriated from the fund to which the collected money is due.
new text end

new text begin (d) As determined by the state court administrator, collection costs shall be added to
the debts referred to a public or private collection entity for collection.
new text end

new text begin Collection costs shall include the fees of the collection entity, and may include, if
separately provided, skip tracing fees, credit bureau reporting charges, fees assessed
by any public entity for obtaining information necessary for debt collection, or other
collection-related costs. Collection costs shall also include the costs of one or more court
employees employed by the state court administrator to provide a collection interface
between the collection entity, the Department of Revenue, and the courts.
new text end

new text begin If the collection entity collects an amount less than the total due, the payment is
applied proportionally to collection costs and the underlying debt. Collection costs in
excess of collection agency fees and court employee collection interface costs must be
deposited in the general fund as nondedicated receipts.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 31.

Minnesota Statutes 2008, section 484.85, is amended to read:

484.85 DISPOSITION OF FINES, FEES, AND OTHER MONEY;
ACCOUNTS; RAMSEY COUNTY DISTRICT COURT.

deleted text begin (a) In the event the Ramsey County District Court takes jurisdiction of a prosecution
for the violation of a statute or ordinance by the state or a governmental subdivision other
than a city or town in Ramsey County, all fines, penalties, and forfeitures collected shall be
paid over to the county treasurer except where a different disposition is provided by law,
and the following fees shall be taxed to the state or governmental subdivision other than
a city or town within Ramsey County which would be entitled to payment of the fines,
forfeitures, or penalties in any case, and shall be paid to the administrator of the court for
disposal of the matter. The administrator shall deduct the fees from any fine collected for
the state of Minnesota or a governmental subdivision other than a city or town within
Ramsey County and transmit the balance in accordance with the law, and the deduction of
the total of the fees each month from the total of all the fines collected is hereby expressly
made an appropriation of funds for payment of the fees:
deleted text end

deleted text begin (1) in all cases where the defendant is brought into court and pleads guilty and is
sentenced, or the matter is otherwise disposed of without a trial, $5;
deleted text end

deleted text begin (2) in arraignments where the defendant waives a preliminary examination, $10;
deleted text end

deleted text begin (3) in all other cases where the defendant stands trial or has a preliminary
examination by the court, $15; and
deleted text end

deleted text begin (4) the court shall have the authority to waive the collection of fees in any particular
case.
deleted text end

deleted text begin (b) On or before the last day of each month, the county treasurer shall pay over
to the treasurer of the city of St. Paul two-thirds of all fines, penalties, and forfeitures
collected and to the treasurer of each other municipality or subdivision of government in
Ramsey County one-half of all fines or penalties collected during the previous month from
those imposed for offenses committed within the treasurer's municipality or subdivision
of government in violation of a statute; an ordinance; or a charter provision, rule, or
regulation of a city. All other fines and forfeitures and all fees and costs collected by the
district court shall be paid to the treasurer of Ramsey County, who shall dispense the
same as provided by law.
deleted text end

new text begin (a) In all cases prosecuted in Ramsey County District Court by an attorney for a
municipality or subdivision of government within Ramsey County for violation of a
statute; an ordinance; or a charter provision, rule, or regulation of a city; all fines, penalties,
and forfeitures collected by the court administrator shall be forwarded to the commissioner
of finance and distributed according to this paragraph. Except where a different disposition
is provided by section 299D.03, subdivision 5, or other law, on or before the last day of
each month, the commissioner of finance shall pay over all fines, penalties, and forfeitures
collected by the court administrator during the previous month as follows:
new text end

new text begin (1) for offenses committed within the city of St. Paul, two-thirds paid to the
treasurer of the city of St. Paul and one-third deposited in the state treasury and credited
to the general fund; and
new text end

new text begin (2) for offenses committed within any other municipality or subdivision of
government within Ramsey County, one-half to the treasurer of the municipality or
subdivision of government and one-half deposited in the state treasury and credited to the
general fund.
new text end

new text begin All other fines, penalties, and forfeitures collected by the district court shall be
forwarded to the commissioner of finance, who shall distribute them as provided by law.
new text end

new text begin (b) Fines, penalties, and forfeitures shall be distributed as provided in paragraph
(a) when:
new text end

new text begin (1) a city contracts with the county attorney for prosecutorial services under section
484.87, subdivision 3; or
new text end

new text begin (2) the attorney general provides assistance to the city attorney under section 484.87,
subdivision 5.
new text end

new text begin (c) The court administrator shall provide the commissioner of finance with the name
of the municipality or other subdivision of government where the offense was committed
and the total amount of fines or penalties collected for each city, town, or other subdivision
of government, for the county, or for the state.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 32.

Minnesota Statutes 2008, section 484.90, subdivision 6, is amended to read:

Subd. 6.

Allocation.

deleted text begin The court administrator shall provide the county treasurer with
the name of the municipality or other subdivision of government where the offense was
committed which employed or provided by contract the arresting or apprehending officer
and the name of the municipality or other subdivision of government which employed the
prosecuting attorney or otherwise provided for prosecution of the offense for each fine or
penalty and the total amount of fines or penalties collected for each municipality or other
subdivision of government. On or before the last day of each month, the county treasurer
shall pay over to the treasurer of each municipality or subdivision of government within
the county all fines or penalties for parking violations for which complaints and warrants
have not been issued and one-third of all fines or penalties collected during the previous
month for offenses committed within the municipality or subdivision of government
from persons arrested or issued citations by officers employed by the municipality or
subdivision or provided by the municipality or subdivision by contract. An additional
one-third of all fines or penalties shall be paid to the municipality or subdivision of
government providing prosecution of offenses of the type for which the fine or penalty
is collected occurring within the municipality or subdivision, imposed for violations of
state statute or of an ordinance, charter provision, rule, or regulation of a city whether or
not a guilty plea is entered or bail is forfeited. Except as provided in section 299D.03,
subdivision 5, or as otherwise provided by law, all other fines and forfeitures and all fees
and statutory court costs collected by the court administrator shall be paid to the county
treasurer of the county in which the funds were collected who shall dispense them as
provided by law. In a county in a judicial district under section 480.181, subdivision 1,
paragraph (b), all other fines, forfeitures, fees, and statutory court costs must be paid to
the commissioner of finance for deposit in the state treasury and credited to the general
fund. deleted text end new text begin (a) In all cases prosecuted in district court by an attorney for a municipality or
other subdivision of government within the county for violations of state statute, or of
an ordinance; or charter provision, rule, or regulation of a city; all fines, penalties, and
forfeitures collected shall be forwarded to the commissioner of finance and distributed
according to this paragraph. Except where a different disposition is provided by section
299D.03, subdivision 5, 484.841, 484.85, or other law, on or before the last day of each
month, the commissioner of finance shall pay over all fines, penalties, and forfeitures
collected by the court administrator during the previous month as follows:
new text end

new text begin (1) 100 percent of all fines or penalties for parking violations for which complaints
and warrants have not been issued to the treasurer of the city or town in which the offense
was committed; and
new text end

new text begin (2) two-thirds of all other fines to the treasurer of the city or town in which the
offense was committed and one-third deposited in the state treasury and credited to the
general fund.
new text end

new text begin All other fines, penalties, and forfeitures collected by the court administrator shall be
forwarded to the commissioner of finance, who shall distribute them as provided by law.
new text end

new text begin (b) Fines, penalties, and forfeitures shall be distributed as provided in paragraph
(a) when:
new text end

new text begin (1) a city contracts with the county attorney for prosecutorial services under section
484.87, subdivision 3;
new text end

new text begin (2) a city has a population of 600 or less and has given the duty to prosecute cases to
the county attorney under section 484.87; or
new text end

new text begin (3) the attorney general provides assistance to the county attorney as permitted
by law.
new text end

new text begin (c) The court administrator shall provide the commissioner of finance with the name
of the city, town, or other subdivision of government where the offense was committed
and the total amount of fines or penalties collected for each city, town, or other subdivision
of government, for the county, or for the state.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 33.

Minnesota Statutes 2008, section 491A.02, subdivision 9, is amended to read:

Subd. 9.

Judgment debtor disclosure.

Notwithstanding any contrary provision in
rule 518 of the Conciliation Court Rules, unless the parties have otherwise agreed, if a
conciliation court judgment or a judgment of district court on removal from conciliation
court has been docketed in district court, new text begin the judgment creditor's attorney as an officer of
the court may or new text end the district court in the county in which the judgment originated shall,
upon request of the judgment creditor, order the judgment debtor to mail to the judgment
creditor information as to the nature, amount, identity, and locations of all the debtor's
assets, liabilities, and personal earning. The information must be provided on a form
prescribed by the Supreme Court, and the information shall be sufficiently detailed to
enable the judgment creditor to obtain satisfaction of the judgment by way of execution on
nonexempt assets and earnings of the judgment debtor. The order must contain a notice
that failure to complete the form and mail it to the judgment creditor within ten days after
service of the order may result in a citation for civil contempt of court. Cash bail posted as
a result of being cited for civil contempt of court order under this section may be ordered
payable to the creditor to satisfy the judgment, either partially or fully.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 34.

Minnesota Statutes 2008, section 525.091, subdivision 1, is amended to read:

Subdivision 1.

Original documents.

The court administrator of any county upon
order of the judge exercising probate jurisdiction may destroy all the original documents
in any probate proceeding of record in the office deleted text begin five years deleted text end after the file in such proceeding
has been closed provided the original or a Minnesota state archives commission approved
photographic, photostatic, microphotographic, microfilmed, or similarly reproduced copy
of the original of the following enumerated documents in the proceeding are on file in
the office.

Enumerated original documents:

(a) In estates, the jurisdictional petition and proof of publication of the notice of
hearing thereof; will and certificate of probate; letters; inventory and appraisal; orders
directing and confirming sale, mortgage, lease, or for conveyance of real estate; order
setting apart statutory selection; receipts for federal estate taxes and state estate taxes;
orders of distribution and general protection; decrees of distribution; federal estate tax
closing letter, consent to discharge by commissioner of revenue and order discharging
representative; and any amendment of the listed documents.

When an estate is deemed closed as provided in clause (d) of this subdivision, the
enumerated documents shall include all claims of creditors.

(b) In guardianships or conservatorships, the jurisdictional petition and order for
hearing thereof with proof of service; letters; orders directing and confirming sale,
mortgage, lease or for conveyance of real estate; order for restoration to capacity and order
discharging guardian; and any amendment of the listed documents.

(c) In mental, inebriety, and indigent matters, the jurisdictional petition; report of
examination; warrant of commitment; notice of discharge from institution, or notice of
death and order for restoration to capacity; and any amendment of the listed documents.

(d) Except for the enumerated documents described in this subdivision, the court
administrator may destroy all other original documents in any probate proceeding without
retaining any reproduction of the document. For the purpose of this subdivision, a
proceeding is deemed closed if no document has been filed in the proceeding for a period
of 15 years, except in the cases of wills filed for safekeeping and those containing wills of
decedents not adjudicated upon.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 35.

Minnesota Statutes 2008, section 549.09, subdivision 1, is amended to read:

Subdivision 1.

When owed; rate.

(a) When a judgment or award is for the recovery
of money, including a judgment for the recovery of taxes, interest from the time of
the verdict, award, or report until judgment is finally entered shall be computed by the
court administrator or arbitrator as provided in paragraph (c) and added to the judgment
or award.

(b) Except as otherwise provided by contract or allowed by law, preverdict,
preaward, or prereport interest on pecuniary damages shall be computed as provided
in paragraph (c) from the time of the commencement of the action or a demand for
arbitration, or the time of a written notice of claim, whichever occurs first, except as
provided herein. The action must be commenced within two years of a written notice of
claim for interest to begin to accrue from the time of the notice of claim. If either party
serves a written offer of settlement, the other party may serve a written acceptance or a
written counteroffer within 30 days. After that time, interest on the judgment or award
shall be calculated by the judge or arbitrator in the following manner. The prevailing
party shall receive interest on any judgment or award from the time of commencement
of the action or a demand for arbitration, or the time of a written notice of claim, or as
to special damages from the time when special damages were incurred, if later, until the
time of verdict, award, or report only if the amount of its offer is closer to the judgment or
award than the amount of the opposing party's offer. If the amount of the losing party's
offer was closer to the judgment or award than the prevailing party's offer, the prevailing
party shall receive interest only on the amount of the settlement offer or the judgment or
award, whichever is less, and only from the time of commencement of the action or a
demand for arbitration, or the time of a written notice of claim, or as to special damages
from when the special damages were incurred, if later, until the time the settlement offer
was made. Subsequent offers and counteroffers supersede the legal effect of earlier offers
and counteroffers. For the purposes of clause (2), the amount of settlement offer must
be allocated between past and future damages in the same proportion as determined by
the trier of fact. Except as otherwise provided by contract or allowed by law, preverdict,
preaward, or prereport interest shall not be awarded on the following:

(1) judgments, awards, or benefits in workers' compensation cases, but not including
third-party actions;

(2) judgments or awards for future damages;

(3) punitive damages, fines, or other damages that are noncompensatory in nature;

(4) judgments or awards not in excess of the amount specified in section 491A.01;
and

(5) that portion of any verdict, award, or report which is founded upon interest, or
costs, disbursements, attorney fees, or other similar items added by the court or arbitrator.

(c) new text begin (1) For a judgment or award of $50,000 or less, new text end the interest shall be computed as
simple interest per annum. The rate of interest shall be based on the secondary market
yield of one year United States Treasury bills, calculated on a bank discount basis as
provided in this section.

On or before the 20th day of December of each year the state court administrator
shall determine the rate from the one-year constant maturity treasury yield for the most
recent calendar month, reported on a monthly basis in the latest statistical release of the
board of governors of the Federal Reserve System. This yield, rounded to the nearest one
percent, or four percent, whichever is greater, shall be the annual interest rate during the
succeeding calendar year. The state court administrator shall communicate the interest
rates to the court administrators and sheriffs for use in computing the interest on verdicts
and shall make the interest rates available to arbitrators.

new text begin (2) For a judgment or award over $50,000, the interest rate shall be ten percent
per year.
new text end

new text begin (3) new text end When a judgment creditor, or the judgment creditor's attorney or agent, has
received a payment after entry of judgment, whether the payment is made voluntarily by
or on behalf of the judgment debtor, or is collected by legal process other than execution
levy where a proper return has been filed with the court administrator, the judgment
creditor, or the judgment creditor's attorney, before applying to the court administrator
for an execution shall file with the court administrator an affidavit of partial satisfaction.
The affidavit must state the dates and amounts of payments made upon the judgment after
the most recent affidavit of partial satisfaction filed, if any; the part of each payment that
is applied to taxable disbursements and to accrued interest and to the unpaid principal
balance of the judgment; and the accrued, but the unpaid interest owing, if any, after
application of each payment.

(d) This section does not apply to arbitrations between employers and employees
under chapter 179 or 179A. An arbitrator is neither required to nor prohibited from
awarding interest under chapter 179 or under section 179A.16 for essential employees.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to
judgments and awards finally entered on or after that date.
new text end

Sec. 36.

Minnesota Statutes 2008, section 550.011, is amended to read:

550.011 JUDGMENT DEBTOR DISCLOSURE.

Unless the parties have otherwise agreed, if a judgment has been docketed in
district court for at least 30 days, and the judgment is not satisfied, new text begin the judgment creditor's
attorney as an officer of the court may or new text end the district court in the county in which the
judgment originated shall, upon request of the judgment creditor, order the judgment
debtor to mail by certified mail to the judgment creditor information as to the nature,
amount, identity, and locations of all the debtor's assets, liabilities, and personal earnings.
The information must be provided on a form prescribed by the Supreme Court, and
the information shall be sufficiently detailed to enable the judgment creditor to obtain
satisfaction of the judgment by way of execution on nonexempt assets and earnings of the
judgment debtor. The order must contain a notice that failure to complete the form and
mail it to the judgment creditor within ten days after service of the order may result in a
citation for civil contempt of court. Cash bail posted as a result of being cited for civil
contempt of court order under this section may be ordered payable to the creditor to
satisfy the judgment, either partially or fully.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 37.

Minnesota Statutes 2008, section 609.035, subdivision 2, is amended to read:

Subd. 2.

Consecutive sentences.

(a) When a person is being sentenced for a
violation of a provision listed in paragraph (e), the court may sentence the person to a
consecutive term of imprisonment for a violation of any other provision listed in paragraph
(e), notwithstanding the fact that the offenses arose out of the same course of conduct,
subject to the limitation on consecutive sentences contained in section 609.15, subdivision
2, and except as provided in paragraphs (b), (c), and (f) of this subdivision.

(b) When a person is being sentenced for a violation of section 171.09, 171.20,
171.24, or 171.30, the court may not impose a consecutive sentence for another violation
of a provision in chapter 171.

(c) When a person is being sentenced for a violation of section 169.791 or 169.797,
the court may not impose a consecutive sentence for another violation of a provision
of sections 169.79 to 169.7995.

(d) This subdivision does not limit the authority of the court to impose consecutive
sentences for crimes arising on different dates or to impose a consecutive sentence when a
person is being sentenced for a crime and is also in violation of the conditions of a stayed
or otherwise deferred sentence under section 609.135.

(e) This subdivision applies to misdemeanor and gross misdemeanor violations of
the following if the offender has two or more prior impaired driving convictions as defined
in section 169A.03 within the past ten years:

(1) section 169A.20, subdivision 1 new text begin , 1a, 1b, or 1c new text end , driving while impaired;

(2) section 169A.20, subdivision 2, test refusal;

(3) section 169.791, failure to provide proof of insurance;

(4) section 169.797, failure to provide vehicle insurance;

(5) section 171.09, violation of condition of restricted license;

(6) section 171.20, subdivision 2, operation after revocation, suspension,
cancellation, or disqualification;

(7) section 171.24, driving without valid license; and

(8) section 171.30, violation of condition of limited license.

(f) When a court is sentencing an offender for a violation of section 169A.20 and a
violation of an offense listed in paragraph (e), and the offender has five or more qualified
prior impaired driving incidents, as defined in section 169A.03, within the past ten years,
the court shall sentence the offender to serve consecutive sentences for the offenses,
notwithstanding the fact that the offenses arose out of the same course of conduct.

Sec. 38.

Minnesota Statutes 2008, section 609.10, subdivision 1, is amended to read:

Subdivision 1.

Sentences available.

new text begin (a) new text end Upon conviction of a felony and compliance
with the other provisions of this chapter the court, if it imposes sentence, may sentence
the defendant to the extent authorized by law as follows:

(1) to life imprisonment; or

(2) to imprisonment for a fixed term of years set by the court; or

(3) to both imprisonment for a fixed term of years and payment of a fine; or

(4) to payment of a fine without imprisonment deleted text begin or to imprisonment for a fixed term of
years if the fine is not paid deleted text end new text begin or as an intermediate sanction on a stayed sentence new text end ; or

(5) to payment of court-ordered restitution in addition to either imprisonment
or payment of a fine, or both; or

(6) to payment of a local correctional fee as authorized under section 609.102 in
addition to any other sentence imposed by the court.

new text begin (b) If the court imposes a fine or orders restitution under paragraph (a), payment is
due on the date imposed unless the court otherwise establishes a due date or a payment
plan.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 39.

Minnesota Statutes 2008, section 609.101, subdivision 4, is amended to read:

Subd. 4.

Minimum fines; other crimes.

Notwithstanding any other law:

(1) when a court sentences a person convicted of a felony that is not listed in
subdivision 2 or 3, it must impose a fine of not less than 30 percent of the maximum fine
authorized by law nor more than the maximum fine authorized by law; and

(2) when a court sentences a person convicted of a gross misdemeanor or
misdemeanor that is not listed in subdivision 2, it must impose a fine of not less than
30 percent of the maximum fine authorized by law nor more than the maximum fine
authorized by law, unless the fine is set at a lower amount on a uniform fine schedule
established deleted text begin by the Judicial Council in consultation with affected state and local agencies.
This schedule shall be promulgated not later than September 1 of each year and shall
become effective on January 1 of the next year unless the legislature, by law, provides
otherwise deleted text end new text begin according to section 609.1315 new text end .

The minimum fine required by this subdivision is in addition to the surcharge or
assessment required by section 357.021, subdivision 6, and is in addition to any sentence
of imprisonment or restitution imposed or ordered by the court.

deleted text begin The court shall collect the fines mandated in this subdivision and, except for fines for
traffic and motor vehicle violations governed by section 169.871 and section 299D.03 and
fish and game violations governed by section 97A.065, forward 20 percent of the revenues
to the commissioner of finance for deposit in the general fund.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 40.

new text begin [609.104] FINE AND SURCHARGE COLLECTION.
new text end

new text begin Subdivision 1. new text end

new text begin Failure to pay restitution or fine. new text end

new text begin (a) Any portion of a fine,
surcharge, court cost, restitution, or fee that the defendant fails to pay by the due date may
be referred for collection under section 480.15, subdivision 10c. If the defendant has
agreed to a payment plan but fails to pay an installment when due, the entire amount
remaining becomes due and payable and may be referred for collection under section
480.15, subdivision 10c.
new text end

new text begin (b) The defendant may contest the referral for collection based on inability to pay by
requesting a hearing no later than the due date. The defendant shall be notified in writing
at sentencing that under section 480.15, subdivision 10c, the court may refer the case for
collection for nonpayment, and collection costs may be added to the amount due. The
defendant shall also be notified in writing of the right to contest a referral for collection.
The state court administrator shall develop the notice language.
new text end

new text begin Subd. 2. new text end

new text begin Fine and surcharge collection. new text end

new text begin (a) A defendant's obligation to pay
court-ordered fines, surcharges, court costs, restitution, and fees shall survive after the due
date for a period set by the Judicial Council.
new text end

new text begin (b) Any change in the collection period established by the Judicial Council shall be
effective on court-ordered fines, surcharges, court costs, restitution, and fees imposed on
or after the effective date of this section.
new text end

new text begin (c) The period relating to a defendant's obligation to pay restitution under paragraph
(a) does not limit the victim's right to collect restitution through other means such as a
civil judgment.
new text end

new text begin (d) Nothing in this subdivision extends the period of a defendant's stay of sentence
imposition or execution.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 41.

Minnesota Statutes 2008, section 609.125, subdivision 1, is amended to read:

Subdivision 1.

Sentences available.

new text begin (a) new text end Upon conviction of a misdemeanor or gross
misdemeanor the court, if sentence is imposed, may, to the extent authorized by law,
sentence the defendant:

(1) to imprisonment for a definite term; or

(2) to payment of a fine deleted text begin , or to imprisonment for a specified term if the fine is not paid deleted text end new text begin
without imprisonment or as an intermediate sanction on a stayed sentence new text end ; or

(3) to both imprisonment for a definite term and payment of a fine; or

(4) to payment of court-ordered restitution in addition to either imprisonment
or payment of a fine, or both; or

(5) to payment of a local correctional fee as authorized under section 609.102 in
addition to any other sentence imposed by the court; or

(6) to perform work service in a restorative justice program in addition to any other
sentence imposed by the court.

new text begin (b) If the court imposes a fine or orders restitution under paragraph (a), payment is
due on the date imposed unless the court otherwise establishes a due date or a payment
plan.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 42.

Minnesota Statutes 2008, section 609.131, subdivision 3, is amended to read:

Subd. 3.

Use of conviction for enhancement.

Notwithstanding any other law, a
conviction for a violation that was originally charged as a misdemeanor and was treated
as a petty misdemeanor under subdivision 1 or the Rules of Criminal Procedure new text begin , or
was treated as a petty misdemeanor by inclusion on the uniform fine schedule, new text end may not
be used as the basis for charging a subsequent violation as a gross misdemeanor rather
than a misdemeanor.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to
violations committed on or after that date.
new text end

Sec. 43.

new text begin [609.1315] UNIFORM FINE SCHEDULE.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment and effective date. new text end

new text begin The Judicial Council shall
establish a uniform fine schedule in consultation with affected state and local agencies.
The uniform fine schedule may include petty misdemeanor and misdemeanor offenses, but
shall not include targeted misdemeanors as defined in section 299C.10. The uniform fine
schedule shall set a fine that may be paid for each offense in lieu of a court appearance.
The uniform fine schedule and any modifications shall be submitted to the legislature for
approval by January 1 of each year and shall become effective on July 1 of that year unless
the legislature, by law, provides otherwise.
new text end

new text begin Subd. 2. new text end

new text begin Effect on misdemeanor offenses. new text end

new text begin Any misdemeanors included on the
uniform fine schedule shall be treated as petty misdemeanors, unless on the third or
subsequent offense the charge is brought by a formal complaint or, for offenses committed
under chapter 169, the violation was committed in a manner or under circumstances so as
to endanger or be likely to endanger any person or property. Nothing in this subdivision
limits the authority of a peace officer to make an arrest for offenses included on the
uniform fine schedule. Nothing in this section limits the operation of section 169.89,
subdivision 1. This subdivision expires on July 1, 2011.
new text end

new text begin Subd. 3. new text end

new text begin Notice. new text end

new text begin A defendant must be advised in writing that payment of the fine for
an offense on the uniform fine schedule constitutes a plea of guilty, waiver of the right to
trial, and waiver of the right to counsel.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Subdivision 2 is effective July 1, 2009, and applies to acts
committed on or after that date.
new text end

Sec. 44.

Minnesota Statutes 2008, section 609.135, subdivision 1, is amended to read:

Subdivision 1.

Terms and conditions.

(a) Except when a sentence of life
imprisonment is required by law, or when a mandatory minimum sentence is required by
section 609.11, any court may stay imposition or execution of sentence and:

(1) may order intermediate sanctions without placing the defendant on probation; or

(2) may place the defendant on probation with or without supervision and on the
terms the court prescribes, including intermediate sanctions when practicable. The court
may order the supervision to be under the probation officer of the court, or, if there is
none and the conviction is for a felony or gross misdemeanor, by the commissioner of
corrections, or in any case by some other suitable and consenting person. Unless the court
directs otherwise, state parole and probation agents and probation officers may impose
community work service or probation violation sanctions, consistent with section 243.05,
subdivision 1; sections 244.196 to 244.199; or 401.02, subdivision 5.

No intermediate sanction may be ordered performed at a location that fails to
observe applicable requirements or standards of chapter 181A or 182, or any rule
promulgated under them.

(b) For purposes of this subdivision, subdivision 6, and section 609.14, the term
"intermediate sanctions" includes but is not limited to incarceration in a local jail or
workhouse, home detention, electronic monitoring, intensive probation, sentencing to
service, reporting to a day reporting center, chemical dependency or mental health
treatment or counseling, restitution, fines, day-fines, community work service, work
service in a restorative justice program, work in lieu of or to work off fines and, with the
victim's consent, work in lieu of or to work off restitution.

(c) A court may not stay the revocation of the driver's license of a person convicted
of violating the provisions of section 169A.20.

new text begin (d) If the court orders a fine, day-fine, or restitution as an intermediate sanction,
payment is due on the date imposed unless the court otherwise establishes a due date
or a payment plan.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 45.

Minnesota Statutes 2008, section 609.135, subdivision 1a, is amended to read:

Subd. 1a.

Failure to pay restitution deleted text begin or fine deleted text end .

If the court orders payment of
restitution deleted text begin or a fine deleted text end as a condition of probation and if the defendant fails to pay the
restitution deleted text begin or a fine deleted text end in accordance with the payment schedule or structure established
by the court or the probation officer, the prosecutor or the defendant's probation officer
may, on the prosecutor's or the officer's own motion or at the request of the victim,
ask the court to hold a hearing to determine whether or not the conditions of probation
should be changed or probation should be revoked. The defendant's probation officer
shall ask for the hearing if the restitution deleted text begin or fine deleted text end ordered has not been paid prior to 60
days before the term of probation expires. The court shall schedule and hold this hearing
and take appropriate action, including action under subdivision 2, paragraph (g), before
the defendant's term of probation expires.

new text begin Nothing in this subdivision limits the court's ability to refer the case to collections
under section 609.104 when a defendant fails to pay court-ordered restitution.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 46.

Minnesota Statutes 2008, section 609.135, subdivision 2, is amended to read:

Subd. 2.

Stay of sentence maximum periods.

(a) If the conviction is for a felony
other than section 609.21, subdivision 1a, paragraph (b) or (c), the stay shall be for not
more than four years or the maximum period for which the sentence of imprisonment
might have been imposed, whichever is longer.

(b) If the conviction is for a gross misdemeanor violation of section 169A.20
or 609.21, subdivision 1a, paragraph (d), or for a felony described in section 609.21,
subdivision 1a, paragraph (b) or (c), the stay shall be for not more than six years. The
court shall provide for unsupervised probation for the last year of the stay unless the court
finds that the defendant needs supervised probation for all or part of the last year.

(c) If the conviction is for a gross misdemeanor not specified in paragraph (b), the
stay shall be for not more than two years.

(d) If the conviction is for any misdemeanor under section 169A.20; 609.746,
subdivision 1; 609.79; or 617.23; or for a misdemeanor under section 609.2242 or
609.224, subdivision 1, in which the victim of the crime was a family or household
member as defined in section 518B.01, the stay shall be for not more than two years. The
court shall provide for unsupervised probation for the second year of the stay unless the
court finds that the defendant needs supervised probation for all or part of the second year.

(e) If the conviction is for a misdemeanor not specified in paragraph (d), the stay
shall be for not more than one year.

(f) The defendant shall be discharged six months after the term of the stay expires,
unless the stay has been revoked or extended under paragraph (g), or the defendant has
already been discharged.

(g) Notwithstanding the maximum periods specified for stays of sentences under
paragraphs (a) to (f), a court may extend a defendant's term of probation for up to one year
if it finds, at a hearing conducted under subdivision 1a, that:

(1) the defendant has not paid court-ordered restitution deleted text begin or a fine deleted text end in accordance
with the payment schedule or structure; and

(2) the defendant is likely to not pay the restitution deleted text begin or fine deleted text end the defendant owes before
the term of probation expires.

This one-year extension of probation for failure to pay restitution deleted text begin or a fine deleted text end may be
extended by the court for up to one additional year if the court finds, at another hearing
conducted under subdivision 1a, that the defendant still has not paid the court-ordered
restitution deleted text begin or fine deleted text end that the defendant owes.

new text begin Nothing in this subdivision limits the court's ability to refer the case to collections
under section 609.104.
new text end

(h) Notwithstanding the maximum periods specified for stays of sentences under
paragraphs (a) to (f), a court may extend a defendant's term of probation for up to three
years if it finds, at a hearing conducted under subdivision 1c, that:

(1) the defendant has failed to complete court-ordered treatment successfully; and

(2) the defendant is likely not to complete court-ordered treatment before the term of
probation expires.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 47.

Minnesota Statutes 2008, section 611.17, is amended to read:

611.17 FINANCIAL INQUIRY; STATEMENTS; CO-PAYMENT;
STANDARDS FOR DISTRICT PUBLIC DEFENSE ELIGIBILITY.

(a) Each judicial district must screen requests for representation by the district public
defender. A defendant is financially unable to obtain counsel if:

(1) the defendant, or any dependent of the defendant who resides in the same
household as the defendant, receives means-tested governmental benefits; or

(2) the defendant, through any combination of liquid assets and current income,
would be unable to pay the reasonable costs charged by private counsel in that judicial
district for a defense of the same matter.

(b) Upon a request for the appointment of counsel, the court shall make appropriate
inquiry into the financial circumstances of the applicant, who shall submit a financial
statement under oath or affirmation setting forth the applicant's assets and liabilities,
including the value of any real property owned by the applicant, whether homestead or
otherwise, less the amount of any encumbrances on the real property, the source or sources
of income, and any other information required by the court. The applicant shall be under
a continuing duty while represented by a public defender to disclose any changes in the
applicant's financial circumstances that might be relevant to the applicant's eligibility for a
public defender. The state public defender shall furnish appropriate forms for the financial
statements. The forms must contain conspicuous notice of the applicant's continuing duty
to disclose to the court changes in the applicant's financial circumstances. The forms must
also contain conspicuous notice of the applicant's obligation to make a co-payment for the
services of the district public defender, as specified under paragraph (c). The information
contained in the statement shall be confidential and for the exclusive use of the court
and the public defender appointed by the court to represent the applicant except for any
prosecution under section 609.48. A refusal to execute the financial statement or produce
financial records constitutes a waiver of the right to the appointment of a public defender.
The court shall not appoint a district public defender to a defendant who is financially able
to retain private counsel but refuses to do so.

An inquiry to determine financial eligibility of a defendant for the appointment of
the district public defender shall be made whenever possible prior to the court appearance
and by such persons as the court may direct. This inquiry may be combined with the
prerelease investigation provided for in Minnesota Rule of Criminal Procedure 6.02,
subdivision 3. In no case shall the district public defender be required to perform this
inquiry or investigate the defendant's assets or eligibility. The court has the sole duty to
conduct a financial inquiry. The inquiry must include the following:

(1) the liquidity of real estate assets, including the defendant's homestead;

(2) any assets that can be readily converted to cash or used to secure a debt;

(3) the determination of whether the transfer of an asset is voidable as a fraudulent
conveyance; and

(4) the value of all property transfers occurring on or after the date of the alleged
offense. The burden is on the accused to show that he or she is financially unable to afford
counsel. Defendants who fail to provide information necessary to determine eligibility
shall be deemed ineligible. The court must not appoint the district public defender as
advisory counsel.

(c) Upon disposition of the case, an individual who has received public defender
services shall pay to the court a deleted text begin $28 deleted text end new text begin $75 new text end co-payment for representation provided by a
public defender, unless the co-payment is, or has been, waived by the court.

The co-payment must be credited to the general fund. If a term of probation is
imposed as a part of an offender's sentence, the co-payment required by this section must
not be made a condition of probation. The co-payment required by this section is a civil
obligation and must not be made a condition of a criminal sentence.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 48.

Minnesota Statutes 2008, section 631.48, is amended to read:

631.48 SENTENCE; COSTS OF PROSECUTION.

In a criminal action, upon conviction of the defendant, the court may order as part of
the sentence that defendant shall pay the whole or any part of the disbursements of the
prosecution, including disbursements made to extradite a defendant. The court may order
this payment in addition to any other penalty authorized by law which it may impose. The
payment of the disbursements of prosecution may be enforced in the same manner as the
sentence, or by execution against property. When collected, the disbursements deleted text begin must be
paid into the treasury of the county of conviction, but deleted text end new text begin of ordered prosecution costs shall be
paid to the municipality or subdivision of government which employed the prosecuting
attorney or otherwise provided for prosecution of the case. new text end This payment may not interfere
with the payment of officers', witnesses', or jurors' fees.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 49. new text begin PUBLIC DEFENDER FEE; PUBLIC DEFENDER FEE ACCOUNT.
new text end

new text begin Subdivision 1. new text end

new text begin Creation of fee. new text end

new text begin The state court administrator, through the lawyer
registration office, may assess a public defender fee on each licensed attorney in the state.
The fee must be equal to or greater than the civil legal services fee that licensed attorneys
are required to pay pursuant to the rules of the Supreme Court on lawyer registration.
new text end

new text begin Subd. 2. new text end

new text begin Creation of account. new text end

new text begin A public defender fee account is created in the
special revenue fund. The public defender fee is deposited in the public defender fee
account in the special revenue fund. The amounts in the account are appropriated to the
Board of Public Defense.
new text end

new text begin Subd. 3. new text end

new text begin Purpose of account. new text end

new text begin The purpose of the public defender fee account is to
provide funding for the Board of Public Defense.
new text end

new text begin Subd. 4. new text end

new text begin Prohibition on nonpublic defender transfers from account.
new text end

new text begin Notwithstanding any law to the contrary, money in the public defender fee account shall
be appropriated solely for the purpose of funding the Board of Public Defense.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 50. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, sections 152.025, subdivision 3; 152.0262, subdivision
2; 484.90, subdivisions 1, 2, and 3; 487.08, subdivisions 1, 2, 3, and 5; and 609.135,
subdivision 8, new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

ARTICLE 3

PUBLIC SAFETY AND CORRECTIONS

Section 1.

Minnesota Statutes 2008, section 152.025, subdivision 3, is amended to read:

Subd. 3.

Penalty.

(a) A person convicted under subdivision 1 or 2 may be sentenced
to imprisonment for not more than five years or to payment of a fine of not more than
$10,000, or both.

(b) If the conviction is a subsequent controlled substance conviction, a person
convicted under subdivision 1 or 2 shall be committed to the commissioner of corrections
or to a local correctional authority for not less than six months nor more than ten years
and, in addition, may be sentenced to payment of a fine of not more than $20,000. new text begin Prior
to the time of sentencing, the prosecutor may file a motion to have the person sentenced
without regard to the mandatory minimum sentence established by this paragraph. The
motion must be accompanied by a statement on the record of the reasons for it. When
presented with the motion, or on its own motion, the court may sentence the person
without regard to the mandatory minimum sentence if the court finds, on the record,
substantial and compelling reasons to do so. Sentencing a person in this manner is a
departure from the sentencing guidelines.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2008, section 171.29, subdivision 2, is amended to read:

Subd. 2.

Reinstatement fees and surcharges allocated and appropriated.

(a)
An individual whose driver's license has been revoked as provided in subdivision 1,
except under section 169A.52, 169A.54, or 609.21, must pay a $30 fee before the driver's
license is reinstated.

(b) A person whose driver's license has been revoked as provided in subdivision 1
under section 169A.52, 169A.54, or 609.21, must pay a $250 fee plus a $430 surcharge
before the driver's license is reinstated, except as provided in paragraph (f). The $250
fee is to be credited as follows:

(1) Twenty percent must be credited to the driver services operating account in the
special revenue fund as specified in section 299A.705.

(2) Sixty-seven percent must be credited to the general fund.

(3) Eight percent must be credited to a separate account to be known as the Bureau of
Criminal Apprehension account. Money in this account deleted text begin may be deleted text end new text begin is annually new text end appropriated
to the commissioner of public safety and the appropriated amount must be apportioned
80 percent for laboratory costs and 20 percent for carrying out the provisions of section
299C.065.

(4) Five percent must be credited to a separate account to be known as the vehicle
forfeiture account, which is created in the special revenue fund. The money in the account
is annually appropriated to the commissioner for costs of handling vehicle forfeitures.

(c) The revenue from $50 of the surcharge must be credited to a separate account
to be known as the traumatic brain injury and spinal cord injury account. The revenue
from $50 of the surcharge on a reinstatement under paragraph (f) is credited from the
first installment payment to the traumatic brain injury and spinal cord injury account.
The money in the account is annually appropriated to the commissioner of health to be
used as follows: 83 percent for contracts with a qualified community-based organization
to provide information, resources, and support to assist persons with traumatic brain
injury and their families to access services, and 17 percent to maintain the traumatic
brain injury and spinal cord injury registry created in section 144.662. For the purposes
of this paragraph, a "qualified community-based organization" is a private, not-for-profit
organization of consumers of traumatic brain injury services and their family members.
The organization must be registered with the United States Internal Revenue Service under
section 501(c)(3) as a tax-exempt organization and must have as its purposes:

(1) the promotion of public, family, survivor, and professional awareness of the
incidence and consequences of traumatic brain injury;

(2) the provision of a network of support for persons with traumatic brain injury,
their families, and friends;

(3) the development and support of programs and services to prevent traumatic
brain injury;

(4) the establishment of education programs for persons with traumatic brain injury;
and

(5) the empowerment of persons with traumatic brain injury through participation
in its governance.

A patient's name, identifying information, or identifiable medical data must not be
disclosed to the organization without the informed voluntary written consent of the patient
or patient's guardian or, if the patient is a minor, of the parent or guardian of the patient.

(d) The remainder of the surcharge must be credited to a separate account to be
known as the remote electronic alcohol-monitoring program account. The commissioner
shall transfer the balance of this account to the commissioner of finance on a monthly
basis for deposit in the general fund.

(e) When these fees are collected by a licensing agent, appointed under section
171.061, a handling charge is imposed in the amount specified under section 171.061,
subdivision 4. The reinstatement fees and surcharge must be deposited in an approved
depository as directed under section 171.061, subdivision 4.

(f) A person whose driver's license has been revoked as provided in subdivision
1 under section 169A.52 or 169A.54 and who the court certifies as being financially
eligible for a public defender under section 611.17, may choose to pay 50 percent and
an additional $25 of the total amount of the surcharge and 50 percent of the fee required
under paragraph (b) to reinstate the person's driver's license, provided the person meets all
other requirements of reinstatement. If a person chooses to pay 50 percent of the total and
an additional $25, the driver's license must expire after two years. The person must pay an
additional 50 percent less $25 of the total to extend the license for an additional two years,
provided the person is otherwise still eligible for the license. After this final payment of
the surcharge and fee, the license may be renewed on a standard schedule, as provided
under section 171.27. A handling charge may be imposed for each installment payment.
Revenue from the handling charge is credited to the driver services operating account in
the special revenue fund and is appropriated to the commissioner.

(g) Any person making installment payments under paragraph (f), whose driver's
license subsequently expires, or is canceled, revoked, or suspended before payment of
100 percent of the surcharge and fee, must pay the outstanding balance due for the initial
reinstatement before the driver's license is subsequently reinstated. Upon payment of
the outstanding balance due for the initial reinstatement, the person may pay any new
surcharge and fee imposed under paragraph (b) in installment payments as provided
under paragraph (f).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 3.

Minnesota Statutes 2008, section 241.016, subdivision 1, is amended to read:

Subdivision 1.

Biennial report.

(a) The Department of Corrections shall submit a
performance report to the chairs and ranking minority members of the senate and house
of representatives committees and divisions having jurisdiction over criminal justice
funding by January 15, 2005, and every other year thereafter. The issuance and content
of the report must include the following:

(1) department strategic mission, goals, and objectives;

(2) the department-wide per diem, adult facility-specific per diems, and an average
per diem, reported in a standard calculated method as outlined in the departmental policies
and procedures;

(3) department annual statistics as outlined in the departmental policies and
procedures; and

(4) information about prison-based mental health programs, including, but not
limited to, the availability of these programs, participation rates, and completion rates.

(b) The department shall maintain recidivism rates for adult facilities on an annual
basis. In addition, each year the department shall, on an alternating basis, complete a
recidivism analysis of adult facilities, juvenile services, and the community services
divisions and include a three-year recidivism analysis in the report described in paragraph
(a). The recidivism analysis must: (1) assess education programs, vocational programs,
treatment programs, including mental health programs, industry, and employment; and (2)
assess statewide re-entry policies and funding, including postrelease treatment, education,
training, and supervision. In addition, when reporting recidivism for the department's
adult and juvenile facilities, the department shall report on the extent to which offenders it
has assessed as chemically dependent commit new offenses, with separate recidivism rates
reported for persons completing and not completing the department's treatment programs.

new text begin (c) By August 31 of each odd-numbered year, the commissioner must present to
the legislature a report that lists and describes the performance measures and targets the
department will include in the biennial performance report. The measures and targets
must include a budget target for the next two years and a history of the department's
performance for the previous five years. At a minimum, the report must include measures
and targets for the data and information identified in paragraphs (a) and (b) regarding per
diem, statistics, inmate programming, and recidivism, and the following:
new text end

new text begin (1) average statutory per diem for adult offenders, female offenders, and juvenile
offenders;
new text end

new text begin (2) community corrections;
new text end

new text begin (3) staffing and salaries for both department divisions and institutions;
new text end

new text begin (4) the use of private and local institutions to house persons committed to the
commissioner;
new text end

new text begin (5) the cost of inmate health and dental care;
new text end

new text begin (6) implementation and use of corrections best practices; and
new text end

new text begin (7) the challenge incarceration program.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2009.
new text end

Sec. 4.

Minnesota Statutes 2008, section 244.055, subdivision 2, is amended to read:

Subd. 2.

Conditional release of certain nonviolent controlled substance
offenders.

An offender who has been committed to the commissioner's custody may
petition the commissioner for conditional release from prison before the offender's
scheduled supervised release date or target release date if:

(1) the offender is serving a sentence for violating section 152.021, subdivision 2 or
2a; 152.022, subdivision 2; 152.023; 152.024; or 152.025;

(2) the offender committed the crime as a result of a controlled substance addiction,
and not primarily for profit;

(3) the offender has served at least 36 months or one-half of the offender's term of
imprisonment, whichever is less;

(4) the offender successfully completed a chemical dependency treatment program
of the type described in this section while in prison;

(5) the offender has not previously been conditionally released under this section; deleted text begin and
deleted text end

(6) the offender has not within the past ten years been convicted or adjudicated
delinquent for a violent crime as defined in section 609.1095 other than the current
conviction for the controlled substance offense new text begin ; and
new text end

new text begin (7) the offender has access upon release to aftercare, community-based chemical
dependency treatment, and housing new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 5.

Minnesota Statutes 2008, section 244.055, subdivision 11, is amended to read:

Subd. 11.

Sunset.

This section expires July 1, deleted text begin 2009 deleted text end new text begin 2011 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 6.

Minnesota Statutes 2008, section 299A.01, subdivision 1a, is amended to read:

Subd. 1a.

Mission; efficiency.

It is part of the department's mission that within the
department's resources the commissioner shall endeavor to:

(1) prevent the waste or unnecessary spending of public money;

(2) use innovative fiscal and human resource practices to manage the state's
resources and operate the department as efficiently as possible;

(3) coordinate the department's activities wherever appropriate with the activities
of other governmental agencies;

(4) use technology where appropriate to increase agency productivity, improve
customer service, increase public access to information about government, and increase
public participation in the business of government;

(5) utilize constructive and cooperative labor-management practices to the extent
otherwise required by chapters 43A and 179A; new text begin and
new text end

deleted text begin (6) report to the legislature on the performance of agency operations and the
accomplishment of agency goals in the agency's biennial budget according to section
16A.10, subdivision 1; and
deleted text end

deleted text begin (7) deleted text end new text begin (6) new text end recommend to the legislature appropriate changes in law necessary to carry
out the mission and improve the performance of the department.

Sec. 7.

Minnesota Statutes 2008, section 299A.01, is amended by adding a subdivision
to read:

new text begin Subd. 1c. new text end

new text begin Performance report; performance measures and targets. new text end

new text begin (a)
The commissioner, as part of the department's mission and within the department's
resources, shall report to the legislature on the performance of agency operations and the
accomplishment of agency goals in the agency's biennial budget according to paragraph
(b) and section 16A.10, subdivision 1. The purpose of the report is to determine the extent
to which each program is accomplishing the program's mission, goals, and objectives.
new text end

new text begin The report may address:
new text end

new text begin (1) factors that limited or delayed achievement of objectives or goals;
new text end

new text begin (2) resources used or saved and efficiencies achieved in reaching program objectives
and goals;
new text end

new text begin (3) information from customers and partners of the agency regarding the quality of
service and effectiveness of the agency and the agency's programs;
new text end

new text begin (4) recommendations on elimination of unnecessary or obsolete mandated reports;
and
new text end

new text begin (5) major cases, events, or circumstances that required an agency response.
new text end

new text begin (b) By June 30 of each odd-numbered year, the commissioner must present to the
legislature a report that states the mission, goals, and objectives of each program and lists
and describes the performance measures and targets the department will include in the
performance report required under paragraph (a). The report must include information
on how program goals and objectives were created and who participated in formulating
them. The measures and targets must include a history of the department's performance
for the previous five years. At a minimum, the report must include measures and targets
for the following:
new text end

new text begin (1) staffing and salaries for divisions within the agency;
new text end

new text begin (2) caseloads and responsibilities of Bureau of Criminal Apprehension agents;
new text end

new text begin (3) development and funding of the Allied Radio Matrix for Emergency Response
(ARMER);
new text end

new text begin (4) grant programs administered under the Office of Justice Programs and Homeland
Security and Emergency Management;
new text end

new text begin (5) receipt and expenditure of federal grant funds;
new text end

new text begin (6) expenditure of the fire safety insurance surcharge;
new text end

new text begin (7) emergency preparedness;
new text end

new text begin (8) crime lab operations; and
new text end

new text begin (9) assistance provided to crime victims.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2009.
new text end

Sec. 8.

Minnesota Statutes 2008, section 403.11, subdivision 1, is amended to read:

Subdivision 1.

Emergency telecommunications service fee; account.

(a) Each
customer of a wireless or wire-line switched or packet-based telecommunications service
provider connected to the public switched telephone network that furnishes service capable
of originating a 911 emergency telephone call is assessed a fee based upon the number
of wired or wireless telephone lines, or their equivalent, to cover the costs of ongoing
maintenance and related improvements for trunking and central office switching equipment
for 911 emergency telecommunications service, to offset administrative and staffing costs
of the commissioner related to managing the 911 emergency telecommunications service
program, to make distributions provided for in section 403.113, deleted text begin and deleted text end to offset the costs,
including administrative and staffing costs, incurred by the State Patrol Division of the
Department of Public Safety in handling 911 emergency calls made from wireless phones new text begin ,
and for any other purpose the commissioner determines is related to the effective operation
of the emergency telecommunications system in the state new text end .

(b) Money remaining in the 911 emergency telecommunications service account
after all other obligations are paid must not cancel and is carried forward to subsequent
years and may be appropriated from time to time to the commissioner to provide financial
assistance to counties for the improvement of local emergency telecommunications
services. The improvements may include providing access to 911 service for
telecommunications service subscribers currently without access and upgrading existing
911 service to include automatic number identification, local location identification,
automatic location identification, and other improvements specified in revised county
911 plans approved by the commissioner.

(c) The fee may not be less than eight cents nor more than 65 cents a month until
June 30, 2008, not less than eight cents nor more than 75 cents a month until June 30,
2009, not less than eight cents nor more than 85 cents a month until June 30, 2010, and
not less than eight cents nor more than 95 cents a month on or after July 1, 2010, for
each customer access line or other basic access service, including trunk equivalents as
designated by the Public Utilities Commission for access charge purposes and including
wireless telecommunications services. With the approval of the commissioner of finance,
the commissioner of public safety shall establish the amount of the fee within the limits
specified and inform the companies and carriers of the amount to be collected. When the
revenue bonds authorized under section 403.27, subdivision 1, have been fully paid or
defeased, the commissioner shall reduce the fee to reflect that debt service on the bonds is
no longer needed. The commissioner shall provide companies and carriers a minimum of
45 days' notice of each fee change. The fee must be the same for all customers.

(d) The fee must be collected by each wireless or wire-line telecommunications
service provider subject to the fee. Fees are payable to and must be submitted to the
commissioner monthly before the 25th of each month following the month of collection,
except that fees may be submitted quarterly if less than $250 a month is due, or annually if
less than $25 a month is due. Receipts must be deposited in the state treasury and credited
to a 911 emergency telecommunications service account in the special revenue fund. The
money in the account may only be used for 911 telecommunications services.

(e) This subdivision does not apply to customers of interexchange carriers.

(f) The installation and recurring charges for integrating wireless 911 calls into
enhanced 911 systems are eligible for payment by the commissioner if the 911 service
provider is included in the statewide design plan and the charges are made pursuant to
contract.

(g) Competitive local exchanges carriers holding certificates of authority from the
Public Utilities Commission are eligible to receive payment for recurring 911 services.

new text begin (h) The revisions made to paragraph (a) in 2009 expire on June 30, 2011.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 9.

Minnesota Statutes 2008, section 609.105, subdivision 1, is amended to read:

Subdivision 1.

Sentence to deleted text begin less than 180 days deleted text end new text begin more than one year new text end .

deleted text begin In deleted text end A felony
sentence to imprisonment deleted text begin , when the remaining term of imprisonment is deleted text end for deleted text begin 180 days
or less, the defendant deleted text end new text begin more than one year new text end shall deleted text begin be committed deleted text end new text begin commit the defendant new text end to
the custody of the commissioner of corrections deleted text begin and must serve the remaining term of
imprisonment at a workhouse, work farm, county jail, or other place authorized by law deleted text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, and applies to offenders
sentenced on or after that date.
new text end

Sec. 10. new text begin COUNTY-BASED REVOCATION CENTER PILOT PROJECT;
REPORT.
new text end

new text begin (a) Dodge, Fillmore, Olmsted, and Ramsey Counties and Tri-county and Hennepin
Community Corrections, and any other county or community corrections department
that requests to participate shall develop a proposal for a pilot project for a secure
residential center and supervision of persons facing revocation of their supervised release
or execution of a stayed prison sentence. The proposal must address the care, custody, and
programming for offenders assigned to the facility as an intermediate sanction prior to
revocation or execution of a stayed prison sentence.
new text end

new text begin (b) The counties must consider the following factors in developing the proposal:
new text end

new text begin (1) type and length of programming for offenders, including supervision, mental
health and chemical dependency treatment options, and educational and employment
readiness opportunities;
new text end

new text begin (2) medical care;
new text end

new text begin (3) the transport of offenders to and from any facility;
new text end

new text begin (4) detailed current and future costs and per diems associated with the facility;
new text end

new text begin (5) admission and release procedures of the proposed facility;
new text end

new text begin (6) intended outcomes of the pilot project; and
new text end

new text begin (7) other factors deemed appropriate for consideration by the counties.
new text end

new text begin (c) By December 1, 2009, the counties of Dodge, Fillmore, Olmsted, and Ramsey
and Tri-county and Hennepin County Community Corrections shall report the pilot project
proposal to the chairs and ranking minority members of the legislative committees having
jurisdiction over public safety policy and finance.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 11. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, section 609.105, subdivisions 1a and 1b, new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end