HF 2298

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to crime; authorizing a local correctional
agency to create a schedule of local confinement fees
to defray the costs associated with confinement;
creating a claim and lien in favor of the local
correctional agency against an offender's future
windfall; amending Minnesota Statutes 2004, section
270A.03, subdivision 2; proposing coding for new law
in Minnesota Statutes, chapter 244.

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

Section 1.

new text begin [244.185] LOCAL CONFINEMENT FEES; LIENS.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin As used in this section,
"local confinement fees" include fees relating to the cost of an
offender's board, room, clothing, and related correctional
services.
new text end

new text begin Subd. 2. new text end

new text begin Local confinement fees. new text end

new text begin A local correctional
agency may establish a schedule of local confinement fees to
charge offenders convicted of a crime and under the supervision
and control of the local correctional agency to defray costs
associated with confinement. The local confinement fees on the
schedule must be reasonably related to offenders' ability to pay
and the actual cost of confinement.
new text end

new text begin Subd. 3. new text end

new text begin Fee collection. new text end

new text begin The chief executive officer of
a local correctional agency may impose and collect local
confinement fees. The local correctional agency may collect the
fee at any time while the offender is under sentence or after
the sentence has been discharged. The agency may use any
available civil means of debt collection in collecting a local
confinement fee.
new text end

new text begin Subd. 4. new text end

new text begin Claim. new text end

new text begin The local correctional agency has a
claim against an offender in an amount equal to the local
confinement fees for which the agency has not been reimbursed.
Except as otherwise provided in this section and in addition to
other remedies available at law, the local correctional agency
may bring an action to enforce the claim, except that no action
shall be brought more than two years from the date of the
discharge of the offender's sentence, or if the offender dies
while under sentence, no more than two years from the date of
the offender's death. This limitation period does not apply if
property is found to have been fraudulently concealed.
new text end

new text begin Subd. 5. new text end

new text begin Lien against proceeds of civil suit. new text end

new text begin (a) If an
offender obligated to pay local confinement fees under this
section files a civil lawsuit anytime before 20 years from the
date of the discharge of the offender's sentence, the local
correctional agency's claim as defined in subdivision 4 is a
lien against any payment, award, judgment, or settlement
proceeds in an amount equal to the local correctional agency's
claim or 50 percent of the proceeds received by an offender
after payment of all expenses connected with the lawsuit,
whichever is less. The local correctional agency's lien has
priority over all other claims, except:
new text end

new text begin (1) attorney fees for the civil lawsuit;
new text end

new text begin (2) expenses of the lawsuit;
new text end

new text begin (3) costs of hospitalization connected with the lawsuit not
covered by insurance or other benefits;
new text end

new text begin (4) child support obligations;
new text end

new text begin (5) court-ordered restitution payments; and
new text end

new text begin (6) payment of a civil judgment entered in favor of a crime
victim.
new text end

new text begin (b) To enforce the lien, the local correctional agency may
file a verified lien statement with the appropriate court
administrator in the county where the agency is located, the
county of the offender's residence, if different, and any other
county the agency deems necessary. The verified lien statement
must set forth the name and address of the offender obligated to
the agency, the name and address of the agency, the date of the
offender's discharge, and the amount of the claim. The filing
of the lien shall be notice of the agency's claim to the
offender obligated to the agency that the offender must submit
notice to the agency as provided in paragraph (c). The court
administrator shall provide a local correctional fee logbook
with proper index in which the court administrator shall enter
the information contained in the verified lien statement.
new text end

new text begin (c) The offender obligated to the agency for the lien
amount must send notice to the agency at each of the following
stages of a claim:
new text end

new text begin (1) when the claim is filed;
new text end

new text begin (2) when an action is commenced; and
new text end

new text begin (3) when a claim is concluded by payment, award, judgment,
settlement, or otherwise.
new text end

new text begin The proceeds of the lawsuit are assignable to the local
correctional agency for payment of the amount due under this
section. The local correctional agency's lien constitutes an
irrevocable direction to the offender or the offender's attorney
to pay the local correctional agency in accordance with the
agency's terms.
new text end

new text begin (d) If notice is not provided by the offender obligated to
the agency as required in paragraph (c), the local correctional
agency may commence an action to enforce the lien within one
year from the date the agency learns of the lack of notice.
new text end

new text begin Subd. 6. new text end

new text begin Lien against inheritance proceeds. new text end

new text begin (a) If an
offender obligated to pay local confinement fees under this
section receives an inheritance of an estate anytime before 20
years from the date of the discharge of the offender's sentence,
the local correctional agency's claim as defined in subdivision
4 is a lien against the inheritance in an amount equal to the
local correctional agency's claim or 50 percent of the assets
received by the offender, whichever is less. The offender
obligated to pay local confinement fees shall notify the agency
of a probate proceeding involving distribution of inheritance
proceeds. The conservator of the estate or the district court
having jurisdiction over the affairs of the estate shall accept
any lien notice filed by the local correctional agency as a
valid claim against the estate.
new text end

new text begin (b) If notice is not provided by the offender obligated to
the agency as required in paragraph (a), the local correctional
agency may commence an action to enforce the lien within one
year from the date the agency learns of the lack of notice.
new text end

new text begin Subd. 7. new text end

new text begin Lien against lottery prizes. new text end

new text begin If an offender
obligated to pay local confinement fees under this section
claims a lottery prize anytime before 20 years from the date of
the discharge of the offender's sentence, the local correctional
agency's claim as defined in subdivision 4 is a lien against the
prize in an amount equal to the local correctional agency's
claim or 75 percent of the prize received by the offender,
whichever is less. As provided in section 349A.08, the director
of the state lottery shall withhold the delinquent amount from
the offender's prize for remittance to the local correctional
agency.
new text end

new text begin Subd. 8. new text end

new text begin Restitution payment priority. new text end

new text begin If an offender
has been ordered by a court to pay restitution, the offender
must pay the restitution ordered before paying the local
confinement fee. A claim for court ordered restitution payments
has priority over a lien of the local correctional agency
created under this section.
new text end

new text begin Subd. 9. new text end

new text begin Use of fees. new text end

new text begin The local confinement fees shall
be used by the local correctional agency to pay the costs of
local correctional services. Local confinement fees may not be
used to supplant existing local funding for the local correction
services.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to persons incarcerated on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2004, section 270A.03,
subdivision 2, is amended to read:

Subd. 2.

Claimant agency.

"Claimant agency" means any
state agency, as defined by section 14.02, subdivision 2, the
regents of the University of Minnesota, any district court of
the state, new text begin any local correctional agency, new text end any county, any
statutory or home rule charter city presenting a claim for a
municipal hospital or a public library or a municipal ambulance
service, a hospital district, a private nonprofit hospital that
leases its building from the county in which it is located, any
public agency responsible for child support enforcement, any
public agency responsible for the collection of court-ordered
restitution, and any public agency established by general or
special law that is responsible for the administration of a
low-income housing program, and the Minnesota collection
enterprise as defined in section 16D.02, subdivision 8, for the
purpose of collecting the costs imposed under section 16D.11. A
county may act as a claimant agency on behalf of an ambulance
service licensed under chapter 144E if the ambulance service's
primary service area is located at least in part within the
county, but more than one county may not act as a claimant
agency for a licensed ambulance service with respect to the same
debt.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end