SF 297

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to driving while intoxicated; establishing a 
  1.3             pilot program to evaluate the effectiveness of 
  1.4             electronic alcohol monitoring of DWI offenders; 
  1.5             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 meanings 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 an electronic 
  1.13  monitoring system. 
  1.14     (b) "Electronic monitoring system" means a system that 
  1.15  electronically monitors individuals in their homes to ensure 
  1.16  compliance with court-ordered conditions of pretrial release or 
  1.17  probation. 
  1.18     Subd. 2.  [PILOT PROGRAM ESTABLISHED.] (a) The state court 
  1.19  administrator, in cooperation with the conference of chief 
  1.20  judges and the commissioner of corrections, shall establish a 
  1.21  three-year pilot program to evaluate the effectiveness of using 
  1.22  breath analyzer units to monitor DWI offenders who are ordered 
  1.23  to abstain from alcohol use as a condition of pretrial release, 
  1.24  probation, or supervised release.  The pilot program shall 
  1.25  include procedures which ensure that violators of this condition 
  2.1   of release receive swift consequences for the violation. 
  2.2      (b) The state court administrator shall select at least two 
  2.3   judicial districts to participate in the pilot program.  
  2.4   Offenders who are ordered to use a breath analyzer unit shall 
  2.5   also be ordered to pay the per diem cost of the monitoring 
  2.6   unless the offender is indigent.  The state court administrator 
  2.7   shall reimburse the judicial districts and the department of 
  2.8   corrections for any costs they incur in participating in the 
  2.9   pilot program. 
  2.10     (c) After three years, the chief judge of each 
  2.11  participating judicial district and the commissioner of 
  2.12  corrections shall evaluate the program's effectiveness and shall 
  2.13  report the results of this evaluation to the state court 
  2.14  administrator, the conference of chief judges, and the 
  2.15  legislature. 
  2.16     Sec. 2.  [APPROPRIATION.] 
  2.17     $....... is appropriated from the general fund to the 
  2.18  supreme court to fund the pilot program established in section 
  2.19  1, to be available until June 30, 1996.