SF 1512

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

A bill for an act
relating to crime; modifying the special Ramsey County
criminal surcharge; amending Minnesota Statutes 2004,
section 357.021, subdivisions 6, 7.

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

Section 1.

Minnesota Statutes 2004, section 357.021,
subdivision 6, is amended to read:

Subd. 6.

Surcharges on criminal and traffic offenders.

(a) The court shall impose and the court administrator shall
collect a $60 surcharge on every person convicted of any felony,
gross misdemeanor, misdemeanor, or petty misdemeanor offense,
other than a violation of a law or ordinance relating to vehicle
parking, for which there shall be a $3 surcharge. In the Second
Judicial District, the court shall impose, and the court
administrator shall collect, an additional $1 surcharge on every
person convicted of any felony, gross misdemeanor, or petty
misdemeanor offense, deleted text begin other than deleted text end new text begin including new text end a violation of a law
or ordinance relating to vehicle parking, if the Ramsey County
Board of Commissioners authorizes the $1 surcharge. The
surcharge shall be imposed whether or not the person is
sentenced to imprisonment or the sentence is stayed.

(b) If the court fails to impose a surcharge as required by
this subdivision, the court administrator shall show the
imposition of the surcharge, collect the surcharge and correct
the record.

(c) The court may not waive payment of the surcharge
required under this subdivision. Upon a showing of indigency or
undue hardship upon the convicted person or the convicted
person's immediate family, the sentencing court may authorize
payment of the surcharge in installments.

(d) The court administrator or other entity collecting a
surcharge shall forward it to the commissioner of finance.

(e) If the convicted person is sentenced to imprisonment
and has not paid the surcharge before the term of imprisonment
begins, the chief executive officer of the correctional facility
in which the convicted person is incarcerated shall collect the
surcharge from any earnings the inmate accrues from work
performed in the facility or while on conditional release. The
chief executive officer shall forward the amount collected to
the commissioner of finance.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective either the day
after the governing body of Ramsey County authorizes imposition
of the surcharge, or July 1, 2005, whichever is the later date,
and applies to convictions on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2004, section 357.021,
subdivision 7, is amended to read:

Subd. 7.

Disbursement of surcharges by commissioner of
finance.

(a) Except as provided in paragraphs (b), (c), and
(d), the commissioner of finance shall disburse surcharges
received under subdivision 6 and section 97A.065, subdivision 2,
as follows:

(1) one percent shall be credited to the game and fish fund
to provide peace officer training for employees of the
Department of Natural Resources who are licensed under sections
626.84 to 626.863, and who possess peace officer authority for
the purpose of enforcing game and fish laws;

(2) 39 percent shall be credited to the peace officers
training account in the special revenue fund; and

(3) 60 percent shall be credited to the general fund.

(b) The commissioner of finance shall credit $3 of each
surcharge received under subdivision 6 and section 97A.065,
subdivision 2, to the general fund.

(c) In addition to any amounts credited under paragraph
(a), the commissioner of finance shall credit $32 of each
surcharge received under subdivision 6 and section 97A.065,
subdivision 2, and the $3 parking surcharge, to the general fund.

(d) If the Ramsey County Board of Commissioners authorizes
imposition of the additional $1 surcharge provided for in
subdivision 6, paragraph (a), the court administrator in the
Second Judicial District shall deleted text begin withhold $1 from each surcharge
collected under subdivision 6. The court administrator must use
the withheld funds solely to fund the petty misdemeanor
diversion program administered by the Ramsey County Violations
Bureau. The court administrator must transfer any unencumbered
portion of the funds received under this subdivision to the
commissioner of finance for distribution according to paragraphs
(a) to (c) deleted text end new text begin transmit the surcharge to the commissioner of finance
who shall credit the surcharge to the general fund new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective either the day
after the governing body of Ramsey County authorizes imposition
of the surcharge, or July 1, 2005, whichever is the later date,
and applies to convictions on or after that date.
new text end