HF 2851

as introduced - 87th Legislature (2011 - 2012) Posted on 03/14/2012 11:37am

A bill for an act
relating to public safety; establishing a court facility security grant program;
utilizing forfeiture proceeds to fund grant program; requiring a report; amending
Minnesota Statutes 2010, section 609.5315, subdivision 5; proposing coding for
new law in Minnesota Statutes, chapter 299A.

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

Section 1.

new text begin [299A.635] COURT FACILITY SECURITY GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; eligibility. new text end

new text begin A grant program is established for the
purpose of enhancing security of court facilities. The commissioner of public safety shall
make court facility security grants to counties for the following purposes: to purchase
security equipment, devices, or systems; to repair, upgrade, or maintain new or existing
security equipment, devices, or systems; and to provide security training. The county
must utilize funds to provide security and training in court facilities, which includes
facilities housing courtroom and chamber space and court personnel offices, as well as any
adjoining county offices located in the same facility. Funds must not supplant existing
county budgets for bailiffs, sheriffs, or court facility operating expenses.
new text end

new text begin Subd. 2. new text end

new text begin Application. new text end

new text begin A county may submit an application to the commissioner of
public safety in the form and manner the commissioner establishes. The commissioner
shall evaluate applications based on security needs and may seek recommendations from
the Judicial Council.
new text end

new text begin Subd. 3. new text end

new text begin Administrative costs. new text end

new text begin The commissioner may use up to one percent, on an
annual basis, of the appropriation received under section 609.5315, subdivision 5, to pay
costs incurred by the department in administering the court facility security grant program.
new text end

new text begin Subd. 4. new text end

new text begin Report. new text end

new text begin The commissioner shall submit a report on the grant program in
accordance with section 609.5315, subdivision 5, paragraph (b).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2012.
new text end

Sec. 2.

Minnesota Statutes 2010, section 609.5315, subdivision 5, is amended to read:

Subd. 5.

Distribution of money.

new text begin (a) new text end The money or proceeds from the sale of
forfeited property, after payment of seizure, storage, forfeiture, and sale expenses, and
satisfaction of valid liens against the property, must be distributed as follows:

(1) 70 percent of the money or proceeds must be forwarded to the deleted text begin appropriate agency
for deposit as a supplement to the agency's operating fund or similar fund for use in law
enforcement deleted text end new text begin commissioner of public safety and are appropriated to the commissioner
for distribution under section 299A.635 new text end ;

(2) 20 percent of the money or proceeds must be forwarded to the county attorney
or other prosecuting agency that handled the forfeiture for deposit as a supplement to its
operating fund or similar fund for prosecutorial purposes; and

(3) the remaining ten percent of the money or proceeds must be forwarded within 60
days after resolution of the forfeiture to the state treasury and credited to the general fund.
Any local police relief association organized under chapter 423 which received or was
entitled to receive the proceeds of any sale made under this section before the effective
date of Laws 1988, chapter 665, sections 1 to 17, shall continue to receive and retain the
proceeds of these sales.

new text begin (b) By February 15 of each year, the commissioner of public safety shall report
to the chairs and ranking minority members of the senate and house of representatives
committees or divisions having jurisdiction over criminal justice funding on the money
collected under paragraph (a), clause (1). The report must indicate the following relating
to the preceding calendar year:
new text end

new text begin (1) the amount of money appropriated to the commissioner;
new text end

new text begin (2) the number of grant applications received under section 299A.635; and
new text end

new text begin (3) a description of how funds were used by grant recipients.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2012, and applies to funds
distributed on or after that date.
new text end