HF 2091

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to criminal surcharges; permitting Ramsey 
  1.3             County to collect and receive a $1 criminal surcharge 
  1.4             in order to fund Ramsey County's petty misdemeanor 
  1.5             diversion program; amending Minnesota Statutes 2003 
  1.6             Supplement, section 357.021, subdivisions 6, 7. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2003 Supplement, section 
  1.9   357.021, subdivision 6, is amended to read: 
  1.10     Subd. 6.  [SURCHARGES ON CRIMINAL AND TRAFFIC OFFENDERS.] 
  1.11  (a) The court shall impose and the court administrator shall 
  1.12  collect a $60 surcharge on every person convicted of any felony, 
  1.13  gross misdemeanor, misdemeanor, or petty misdemeanor offense, 
  1.14  other than a violation of a law or ordinance relating to vehicle 
  1.15  parking, for which there shall be a $3 surcharge.  In the second 
  1.16  judicial district, the court shall impose, and the court 
  1.17  administrator shall collect, an additional $1 surcharge on every 
  1.18  person convicted of any felony, gross misdemeanor, or petty 
  1.19  misdemeanor offense, other than a violation of a law or 
  1.20  ordinance relating to vehicle parking, if the Ramsey County 
  1.21  Board of Commissioners authorizes the $1 surcharge.  The 
  1.22  surcharge shall be imposed whether or not the person is 
  1.23  sentenced to imprisonment or the sentence is stayed.  
  1.24     (b) If the court fails to impose a surcharge as required by 
  1.25  this subdivision, the court administrator shall show the 
  1.26  imposition of the surcharge, collect the surcharge and correct 
  2.1   the record. 
  2.2      (c) The court may not waive payment of the surcharge 
  2.3   required under this subdivision.  Upon a showing of indigency or 
  2.4   undue hardship upon the convicted person or the convicted 
  2.5   person's immediate family, the sentencing court may authorize 
  2.6   payment of the surcharge in installments. 
  2.7      (d) The court administrator or other entity collecting a 
  2.8   surcharge shall forward it to the commissioner of finance. 
  2.9      (e) If the convicted person is sentenced to imprisonment 
  2.10  and has not paid the surcharge before the term of imprisonment 
  2.11  begins, the chief executive officer of the correctional facility 
  2.12  in which the convicted person is incarcerated shall collect the 
  2.13  surcharge from any earnings the inmate accrues from work 
  2.14  performed in the facility or while on conditional release.  The 
  2.15  chief executive officer shall forward the amount collected to 
  2.16  the commissioner of finance. 
  2.17     [EFFECTIVE DATE.] This section is effective either the day 
  2.18  after the governing body of Ramsey County authorizes imposition 
  2.19  of the surcharge, or August 1, 2004, whichever is the later 
  2.20  date, and applies to convictions on or after the effective date. 
  2.21     Sec. 2.  Minnesota Statutes 2003 Supplement, section 
  2.22  357.021, subdivision 7, is amended to read: 
  2.23     Subd. 7.  [DISBURSEMENT OF SURCHARGES BY COMMISSIONER OF 
  2.24  FINANCE.] (a) Except as provided in paragraphs (b) and, (c), and 
  2.25  (d), the commissioner of finance shall disburse surcharges 
  2.26  received under subdivision 6 and section 97A.065, subdivision 2, 
  2.27  as follows: 
  2.28     (1) one percent shall be credited to the game and fish fund 
  2.29  to provide peace officer training for employees of the 
  2.30  Department of Natural Resources who are licensed under sections 
  2.31  626.84 to 626.863, and who possess peace officer authority for 
  2.32  the purpose of enforcing game and fish laws; 
  2.33     (2) 39 percent shall be credited to the peace officers 
  2.34  training account in the special revenue fund; and 
  2.35     (3) 60 percent shall be credited to the general fund.  
  2.36     (b) The commissioner of finance shall credit $3 of each 
  3.1   surcharge received under subdivision 6 and section 97A.065, 
  3.2   subdivision 2, to the general fund. 
  3.3      (c) In addition to any amounts credited under paragraph 
  3.4   (a), the commissioner of finance shall credit $32 of each 
  3.5   surcharge received under subdivision 6 and section 97A.065, 
  3.6   subdivision 2, and the $3 parking surcharge, to the general fund.
  3.7      (d) If the Ramsey County Board of Commissioners authorizes 
  3.8   imposition of the additional $1 surcharge provided for in 
  3.9   subdivision 6, paragraph (a), the court administrator in the 
  3.10  second judicial district shall withhold $1 from each surcharge 
  3.11  collected under subdivision 6.  The court administrator must use 
  3.12  the withheld funds solely to fund the petty misdemeanor 
  3.13  diversion program administered by the Ramsey County Violations 
  3.14  Bureau.  The court administrator must transfer any unencumbered 
  3.15  portion of the funds received under this subdivision to the 
  3.16  commissioner of finance for distribution according to paragraphs 
  3.17  (a) to (c). 
  3.18     [EFFECTIVE DATE.] This section is effective either the day 
  3.19  after the governing body of Ramsey County authorizes imposition 
  3.20  of the surcharge, or August 1, 2004, whichever is the later 
  3.21  date, and applies to convictions on or after the effective date.