Minnesota Legislature
HF 600
as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:39am
1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28
2.29
A bill for an act
relating to public safety; authorizing disbursement of minimum fines for
controlled substance offenses to juvenile substance abuse court programs;
amending Minnesota Statutes 2008, section 609.101, subdivision 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, section 609.101, subdivision 3, is amended to read:
Subd. 3.
Controlled substance offenses; minimum fines.
(a) Notwithstanding any
other law, when a court sentences a person convicted of a controlled substance crime
under sections 152.021 to 152.025 and 152.0262, 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.
(b) 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.
(c) The court shall collect the fine mandated by this subdivision and forward 70
percent of it to a local drug abuse preventionnew text begin or interventionnew text end program existing or being
implemented in the county in which the crime was committed. The court shall forward the
remaining 30 percent to the commissioner of finance to be credited to the general fund. If
more than one drug abuse preventionnew text begin or interventionnew text end program serves the county in which
the crime was committed, the court may designate on a case-by-case basis which program
will receive the fine proceeds, giving consideration to the community in which the crime
was committed, the funding needs of the program, the number of peace officers in each
community certified to teach the program, and the number of children served by the
program in each community. If no drug abuse preventionnew text begin or interventionnew text end program serves
communities in that county, the court shall forward 100 percent of the fine proceeds to the
commissioner of finance to be credited to the general fund.
(d) The minimum fines required by this subdivision shall be collected as are other
fines. Fine proceeds received by a local drug abuse preventionnew text begin or interventionnew text end program
must be used to support that program, and may be used for salaries ofnew text begin program staff ornew text end
peace officers certified to teach the program. The deleted text begin drug abuse resistance educationdeleted text end program
must report receipt and use of money generated under this subdivision deleted text begin as prescribed by
the Drug Abuse Resistance Education Advisory Councildeleted text end new text begin to the state court administrator
by January 1 of each year. The state court administrator must make this information
available upon requestnew text end .
(e) As used in this subdivision, "drug abuse preventionnew text begin or interventionnew text end program"
and "program" include:
(1) the drug abuse resistance education program described in section 299A.33; deleted text begin anddeleted text end
(2) deleted text begin any similardeleted text end new text begin anew text end drug abuse education and prevention program that includes the
following components:
(i) instruction for students enrolled in kindergarten through grade six that is
designed to teach students to recognize and resist pressures to experiment with controlled
substances and alcohol;
(ii) provisions for parental involvement;
(iii) classroom instruction by uniformed law enforcement personnel;
(iv) the use of positive student leaders to influence younger students not to use
drugs; and
(v) an emphasis on activity-oriented techniques designed to encourage
student-generated responses to problem-solving situationsdeleted text begin .deleted text end new text begin ; andnew text end
new text begin
(3) a juvenile court program that:
new text end
new text begin
(i) provides intervention strategies to reduce drug abuse and criminal behavior
in juvenile offenders; and
new text end
new text begin
(ii) promotes local drug abuse prevention efforts within the community.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009.
new text end