HF 3

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to traffic regulations; driving while 
  1.3             intoxicated; establishing pilot program to test 
  1.4             effectiveness of electronic alcohol monitoring of DWI 
  1.5             offenders; appropriating money. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [ELECTRONIC ALCOHOL MONITORING OF DWI 
  1.8   OFFENDERS; PILOT PROGRAM.] 
  1.9      Subdivision 1.  [DEFINITIONS.] As used in this section, the 
  1.10  following terms have the meaning given them in this subdivision. 
  1.11     (a) "Breath analyzer unit" means a device that performs 
  1.12  breath alcohol testing and is connected to a remote electronic 
  1.13  alcohol monitoring system. 
  1.14     (b) "Remote electronic alcohol monitoring system" means a 
  1.15  system that electronically monitors the alcohol concentration of 
  1.16  individuals in their homes to ensure compliance with 
  1.17  court-ordered conditions of pretrial release, supervised 
  1.18  release, or probation. 
  1.19     Subd. 2.  [PILOT PROGRAM ESTABLISHED.] In cooperation with 
  1.20  the conference of chief judges, the state court administrator, 
  1.21  and the commissioner of public safety, the commissioner of 
  1.22  corrections shall establish a three-year pilot program to 
  1.23  evaluate the effectiveness of using breath analyzer units to 
  1.24  monitor DWI offenders who are ordered to abstain from alcohol 
  1.25  use as a condition of pretrial release, supervised release, or 
  2.1   probation.  The pilot program must include procedures ensuring 
  2.2   that violators of this condition of release receive swift 
  2.3   consequences for the violation. 
  2.4      The commissioner of corrections shall select at least two 
  2.5   judicial districts to participate in the pilot program.  
  2.6   Offenders who are ordered to use a breath analyzer unit shall 
  2.7   also be ordered to pay the per diem cost of the monitoring 
  2.8   unless the offender is indigent.  The commissioner of 
  2.9   corrections shall reimburse the judicial districts for any costs 
  2.10  they incur in participating in the program. 
  2.11     After three years, the commissioner of corrections shall 
  2.12  evaluate the effectiveness of the program and shall report the 
  2.13  results of this evaluation to the conference of chief judges, 
  2.14  the state court administrator, the commissioner of public 
  2.15  safety, and the legislature. 
  2.16     Sec. 2.  [APPROPRIATION.] 
  2.17     (a) $1,000,000 is appropriated from the general fund to the 
  2.18  commissioner of corrections for the purpose of section 1, to be 
  2.19  available until June 30, 1997. 
  2.20     (b) $500,000 is appropriated from the general fund to the 
  2.21  commissioner of public safety for grants to counties under 
  2.22  Minnesota Statutes, section 169.1265, to pay the costs of 
  2.23  developing and operating intensive probation programs for repeat 
  2.24  DWI offenders; provided that at least one-half of this 
  2.25  appropriation shall be used for grants to counties seeking to 
  2.26  develop new programs.