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Minnesota Legislature

Office of the Revisor of Statutes

SF 802

3rd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:16am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 3rd Engrossment

Line numbers 1.1 1.2 1.3 1.4 1.5 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 1.25 1.26 1.27 1.28 1.29 1.30 1.31
1.32 1.33
1.34 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 2.30 2.31 2.32 2.33 2.34 2.35 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 3.35 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13
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4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25
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4.27 4.28 4.29 4.30 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34 5.35 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 6.34 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 8.33 8.34 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 9.33 9.34 9.35 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11
10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33
10.34 11.1 11.2 11.3 11.4 11.5 11.6
11.7 11.8 11.9 11.10 11.11 11.12 11.13
11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 11.33 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 12.33 12.34 12.35 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 13.32 13.33 13.34 13.35 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 14.32 14.33 14.34 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 15.32 15.33 15.34 15.35 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32 16.33 16.34 16.35 17.1 17.2 17.3 17.4
17.5 17.6 17.7 17.8 17.9 17.10 17.11
17.12 17.13
17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 17.32 17.33 18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8
18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18
18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 18.32 18.33 18.34 19.1 19.2 19.3
19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14
19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25
19.26 19.27 19.28 19.29 19.30 19.31 19.32 19.33 20.1 20.2 20.3
20.4 20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14
20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32 20.33 20.34 21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15
21.16 21.17
21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31 21.32 21.33 21.34 21.35 22.1 22.2
22.3 22.4
22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21
22.22 22.23
22.24 22.25 22.26 22.27 22.28 22.29 22.30 22.31 23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10
23.11 23.12
23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25 23.26 23.27 23.28 23.29 23.30 23.31
23.32 23.33
24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8
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24.25 24.26 24.27 24.28 24.29 24.30 24.31 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26 25.27
25.28 25.29
25.30 25.31 25.32 25.33 25.34 26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26
26.27 26.28 26.29 26.30 26.31 26.32 26.33 26.34 26.35 27.1 27.2 27.3 27.4
27.5 27.6
27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 27.31 27.32
27.33 27.34
28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30 28.31 28.32 28.33 28.34 28.35 28.36 29.1 29.2 29.3 29.4 29.5
29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29 29.30 29.31 29.32 29.33 29.34 30.1 30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21
30.22 30.23 30.24 30.25 30.26 30.27 30.28 30.29 30.30 30.31 30.32 30.33 30.34 30.35 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18
31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 31.32 31.33 31.34 32.1 32.2 32.3 32.4 32.5 32.6 32.7
32.8 32.9 32.10 32.11 32.12 32.13 32.14
32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 32.31 32.32 32.33 32.34 33.1 33.2 33.3
33.4 33.5 33.6 33.7 33.8
33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19 33.20 33.21 33.22
33.23 33.24 33.25 33.26 33.27 33.28 33.29 33.30 33.31 33.32 34.1 34.2 34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26
34.27 34.28 34.29 34.30 34.31 34.32 34.33 34.34 34.35 35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 35.32 35.33 35.34 35.35 36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8
36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 36.31 36.32 36.33 36.34 36.35 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18 37.19 37.20
37.21 37.22 37.23 37.24 37.25
37.26 37.27 37.28 37.29 37.30 37.31 37.32 37.33 37.34 38.1 38.2 38.3 38.4 38.5 38.6 38.7
38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15
38.16
38.17 38.18 38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29 38.30 38.31 38.32 38.33 38.34 39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12 39.13
39.14 39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31 39.32 39.33 39.34 39.35 40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12 40.13 40.14 40.15 40.16 40.17 40.18 40.19 40.20 40.21 40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29 40.30 40.31 40.32 40.33 40.34 40.35 40.36 41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8
41.9 41.10
41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26
41.27 41.28 41.29 41.30 41.31 41.32 41.33 42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8 42.9 42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27
42.28 42.29
42.30 42.31 42.32 42.33 42.34 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23 43.24 43.25 43.26 43.27 43.28 43.29 43.30 43.31 43.32 43.33 43.34 43.35
44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15 44.16
44.17 44.18 44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29 44.30 44.31 44.32 44.33 44.34 44.35 45.1 45.2 45.3 45.4 45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19 45.20 45.21 45.22 45.23 45.24 45.25 45.26 45.27 45.28
45.29 45.30 45.31 45.32 45.33 45.34 45.35 46.1 46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9 46.10 46.11 46.12 46.13
46.14 46.15 46.16 46.17 46.18 46.19 46.20 46.21 46.22 46.23 46.24 46.25 46.26 46.27 46.28 46.29 46.30 46.31 46.32 46.33 46.34 46.35 47.1 47.2
47.3 47.4 47.5 47.6 47.7 47.8 47.9 47.10 47.11 47.12 47.13 47.14 47.15 47.16 47.17 47.18 47.19
47.20 47.21 47.22 47.23 47.24 47.25 47.26 47.27 47.28 47.29 47.30 47.31 47.32 48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13 48.14 48.15
48.16 48.17 48.18 48.19 48.20 48.21 48.22 48.23 48.24 48.25 48.26 48.27 48.28 48.29
48.30 48.31 48.32 48.33 48.34 49.1 49.2 49.3 49.4 49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30 49.31 49.32 49.33 49.34 49.35 50.1 50.2
50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20 50.21 50.22 50.23 50.24 50.25 50.26 50.27 50.28 50.29 50.30 50.31 50.32 50.33 50.34 50.35 51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19
51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29 51.30 51.31
51.32 51.33 51.34 52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10
52.11 52.12 52.13 52.14 52.15
52.16 52.17
52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30 52.31 52.32 52.33 53.1 53.2 53.3 53.4 53.5 53.6 53.7
53.8 53.9 53.10 53.11 53.12 53.13 53.14 53.15 53.16 53.17 53.18 53.19 53.20
53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30 53.31 53.32 53.33 54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11
54.12 54.13
54.14 54.15 54.16 54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 54.30 54.31 54.32 54.33 54.34 55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9 55.10 55.11 55.12 55.13 55.14 55.15
55.16 55.17
55.18 55.19 55.20 55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 55.30 55.31 55.32 55.33 55.34 56.1 56.2 56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15 56.16 56.17 56.18 56.19 56.20 56.21 56.22 56.23 56.24 56.25 56.26 56.27 56.28 56.29 56.30 56.31 56.32 56.33 56.34 56.35 57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10 57.11 57.12 57.13 57.14 57.15 57.16 57.17 57.18 57.19 57.20 57.21 57.22
57.23 57.24 57.25 57.26 57.27 57.28 57.29 57.30 57.31 57.32 57.33 57.34 58.1 58.2 58.3 58.4 58.5 58.6 58.7 58.8 58.9 58.10 58.11 58.12 58.13 58.14 58.15 58.16 58.17 58.18 58.19 58.20 58.21 58.22 58.23 58.24 58.25 58.26 58.27 58.28 58.29
58.30 58.31 58.32 58.33 58.34 59.1 59.2
59.3 59.4 59.5 59.6 59.7 59.8 59.9
59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21
59.22 59.23 59.24 59.25 59.26 59.27
59.28 59.29
59.30
59.31 60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24
60.25 60.26 60.27 60.28 60.29 60.30 60.31 60.32 60.33 60.34 61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16 61.17 61.18 61.19 61.20 61.21 61.22 61.23 61.24 61.25 61.26 61.27 61.28 61.29 61.30 61.31 61.32 61.33 61.34 61.35 61.36
62.1 62.2 62.3 62.4 62.5 62.6 62.7 62.8 62.9
62.10 62.11 62.12 62.13 62.14 62.15 62.16 62.17 62.18 62.19 62.20 62.21
62.22 62.23
62.24 62.25 62.26 62.27 62.28 62.29 62.30 62.31 62.32 62.33 62.34 63.1 63.2 63.3 63.4 63.5 63.6 63.7
63.8 63.9 63.10 63.11 63.12 63.13 63.14 63.15 63.16 63.17 63.18 63.19 63.20 63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28 63.29 63.30 63.31 63.32 63.33 63.34 63.35 64.1 64.2 64.3 64.4 64.5 64.6 64.7 64.8 64.9 64.10
64.11
64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22
64.23
64.24 64.25 64.26 64.27 64.28 64.29
64.30 64.31
64.32 65.1 65.2 65.3 65.4
65.5 65.6 65.7 65.8 65.9 65.10 65.11
65.12 65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29 65.30 65.31 65.32 65.33 65.34
66.1 66.2 66.3 66.4 66.5 66.6 66.7 66.8 66.9 66.10 66.11 66.12 66.13 66.14 66.15 66.16 66.17 66.18 66.19 66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28 66.29 66.30 66.31 66.32 66.33 66.34 66.35 67.1 67.2 67.3 67.4 67.5 67.6 67.7 67.8 67.9 67.10 67.11 67.12 67.13 67.14 67.15 67.16 67.17 67.18 67.19 67.20
67.21
67.22 67.23 67.24 67.25 67.26 67.27 67.28

A bill for an act
relating to public safety; providing for the courts and public defenders including
court vacancies, referees, fines and fees, surcharges, collection policies and
procedures, driving while impaired, judgments, and restorative justice for
juvenile petty offenders; providing for public safety and corrections including
reports, controlled substance crimes, sentencing, MINNCOR, challenge
incarceration program, supervised release violations, and county-based
revocation center pilot project; authorizing a task force and forum; providing for
penalties; appropriating money for the courts, public defenders, public safety,
corrections, certain other criminal justice agencies, boards, and commissions;
amending Minnesota Statutes 2008, sections 2.722, subdivisions 4, 4a; 2.724,
subdivisions 2, 3; 3.195, subdivision 1, by adding a subdivision; 86B.705,
subdivision 2; 134A.09, subdivision 2a; 134A.10, subdivision 3; 152.025,
subdivisions 1, 2; 152.0262, subdivision 1; 169A.20, subdivision 1, by adding
subdivisions; 169A.25, subdivision 1; 169A.26, subdivision 1; 169A.27,
subdivision 1; 169A.28, subdivision 2; 169A.284; 169A.46, subdivision 1;
169A.54, subdivision 1; 171.29, subdivision 2; 241.016, subdivision 1; 241.27,
subdivision 1a, by adding subdivisions; 244.055, subdivision 11; 244.17;
244.172, subdivision 1; 299A.01, subdivision 1a, by adding a subdivision;
299C.65, subdivision 3a; 299D.03, subdivision 5; 357.021, subdivisions 2, 6,
7; 357.022; 357.08; 364.08; 375.14; 480.15, by adding a subdivision; 484.85;
484.90, subdivision 6; 484.91, subdivision 1; 491A.02, subdivision 9; 491A.03,
subdivision 1; 525.091, subdivision 1; 549.09, subdivision 1; 550.011; 609.035,
subdivision 2; 609.10, subdivision 1; 609.101, subdivisions 3, 4; 609.105,
subdivision 1; 609.125, subdivision 1; 609.135, subdivisions 1, 1a, 2; 611.17;
631.48; proposing coding for new law in Minnesota Statutes, chapters 244; 609;
repealing Minnesota Statutes 2008, sections 152.025, subdivision 3; 152.0262,
subdivision 2; 260B.199, subdivision 2; 260B.201, subdivision 3; 325E.22;
383B.65, subdivision 2; 484.90, subdivisions 1, 2, 3; 487.08, subdivisions 1, 2,
3, 5; 609.105, subdivisions 1a, 1b; 609.135, subdivision 8.

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

ARTICLE 1

APPROPRIATIONS

Section 1. new text beginSUMMARY OF APPROPRIATIONS.
new text end

new text begin The amounts shown in this section summarize direct appropriations, by fund, made
in this article.
new text end

new text begin 2010
new text end
new text begin 2011
new text end
new text begin Total
new text end
new text begin General
new text end
new text begin $
new text end
new text begin 886,898,000
new text end
new text begin $
new text end
new text begin 927,148,000
new text end
new text begin $
new text end
new text begin 1,814,046,000
new text end
new text begin Federal
new text end
new text begin 38,000,000
new text end
new text begin 0
new text end
new text begin 38,000,000
new text end
new text begin State Government Special
Revenue
new text end
new text begin 66,573,000
new text end
new text begin 70,336,000
new text end
new text begin 136,909,000
new text end
new text begin Environmental
new text end
new text begin 69,000
new text end
new text begin 69,000
new text end
new text begin 138,000
new text end
new text begin Special Revenue
new text end
new text begin 14,534,000
new text end
new text begin 14,534,000
new text end
new text begin 29,068,000
new text end
new text begin Trunk Highway
new text end
new text begin 1,941,000
new text end
new text begin 1,941,000
new text end
new text begin 3,882,000
new text end
new text begin Total
new text end
new text begin $
new text end
new text begin 1,008,015,000
new text end
new text begin $
new text end
new text begin 1,014,028,000
new text end
new text begin $
new text end
new text begin 2,022,043,000
new text end

Sec. 2. new text beginPUBLIC SAFETY APPROPRIATIONS.
new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this article. The appropriations are from the
general fund, or another named fund, and are available for the fiscal years indicated
for each purpose. The figures "2010" and "2011" used in this article mean that the
appropriations listed under them are available for the fiscal year ending June 30, 2010, or
June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is fiscal
year 2011. "The biennium" is fiscal years 2010 and 2011. Appropriations for the fiscal
year ending June 30, 2009, are effective the day following final enactment.
new text end

new text begin APPROPRIATIONS
new text end
new text begin Available for the Year
new text end
new text begin Ending June 30
new text end
new text begin 2010
new text end
new text begin 2011
new text end

Sec. 3. new text beginSUPREME COURT
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin 43,476,000
new text end
new text begin $
new text end
new text begin 43,475,000
new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end

new text begin Supreme Court Operations
new text end

new text begin 31,376,000
new text end
new text begin 31,375,000
new text end

new text begin (a) Contingent Account. $5,000 each year
is for a contingent account for expenses
necessary for the normal operation of the
court for which no other reimbursement is
provided.
new text end

new text begin (b) Criminal Justice Forum. The chief
justice is requested to continue the criminal
justice forum to evaluate and examine
criminal justice efficiencies and costs
savings, and may submit a report of the
findings and recommendations to the chairs
and ranking minority members of the house
of representatives and senate committees
with jurisdiction over public safety policy
and finance by February 15, 2010.
new text end

new text begin (c) Civil Justice Forum. The chief justice
is requested to convene a civil justice
forum to evaluate and examine civil justice
efficiencies and cost savings and may submit
a report of the findings and recommendations
to the chairs and ranking minority members
of the house of representatives and senate
committees with jurisdiction over public
safety policy and finance by February 15,
2010.
new text end

new text begin (d) Federal Stimulus Funds. The Supreme
Court is encouraged to apply for all available
grants for federal stimulus funds to: (1)
continue drug court programs that lose
state funding; and (2) make technological
improvements within the judicial system.
new text end

new text begin (e) Judicial and Referee Vacancies.
The Supreme Court shall not certify a
judicial or referee vacancy under Minnesota
Statutes, section 2.722, until it has examined
alternative options, such as temporarily
suspending certification of the vacant
position or assigning a retired judge to
temporarily fill the position.
new text end

new text begin Subd. 3. new text end

new text begin Civil Legal Services
new text end

new text begin 12,100,000
new text end
new text begin 12,100,000
new text end

new text begin Legal Services to Low-Income Clients in
Family Law Matters.
Of this appropriation,
$877,000 each year is to improve the
access of low-income clients to legal
representation in family law matters. This
appropriation must be distributed under
Minnesota Statutes, section 480.242, to
the qualified legal services programs
described in Minnesota Statutes, section
480.242, subdivision 2, paragraph (a). Any
unencumbered balance remaining in the first
year does not cancel and is available in the
second year.
new text end

Sec. 4. new text beginCOURT OF APPEALS
new text end

new text begin $
new text end
new text begin 10,285,000
new text end
new text begin $
new text end
new text begin 10,285,000
new text end

Sec. 5. new text beginTRIAL COURTS
new text end

new text begin $
new text end
new text begin 250,116,000
new text end
new text begin $
new text end
new text begin 250,116,000
new text end

Sec. 6. new text beginTAX COURT
new text end

new text begin $
new text end
new text begin 818,000
new text end
new text begin $
new text end
new text begin 818,000
new text end

Sec. 7. new text beginUNIFORM LAWS COMMISSION
new text end

new text begin $
new text end
new text begin 51,000
new text end
new text begin $
new text end
new text begin 51,000
new text end

Sec. 8. new text beginBOARD ON JUDICIAL STANDARDS
new text end

new text begin $
new text end
new text begin 456,000
new text end
new text begin $
new text end
new text begin 456,000
new text end

new text begin $125,000 each year is for special
investigative and hearing costs for major
disciplinary actions undertaken by the
board. This appropriation does not cancel.
Any encumbered and unspent balances
remain available for these expenditures in
subsequent fiscal years.
new text end

Sec. 9. new text beginBOARD OF PUBLIC DEFENSE
new text end

new text begin $
new text end
new text begin 66,028,000
new text end
new text begin $
new text end
new text begin 66,028,000
new text end

Sec. 10. new text beginPUBLIC SAFETY
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin 158,678,000
new text end
new text begin $
new text end
new text begin 162,441,000
new text end
new text begin Appropriations by Fund
new text end
new text begin 2010
new text end
new text begin 2011
new text end
new text begin General
new text end
new text begin 80,463,000
new text end
new text begin 80,463,000
new text end
new text begin Special Revenue
new text end
new text begin 9,632,000
new text end
new text begin 9,632,000
new text end
new text begin State Government
Special Revenue
new text end
new text begin 66,573,000
new text end
new text begin 70,336,000
new text end
new text begin Environmental
new text end
new text begin 69,000
new text end
new text begin 69,000
new text end
new text begin Trunk Highway
new text end
new text begin 1,941,000
new text end
new text begin 1,941,000
new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin (a) new text beginCar Fleet.new text end By January 1, 2010,
the commissioner shall reduce the
department's fleet of cars that are not used for
investigations by at least five percent when
compared to the fleet's status on January 1,
2009. This paragraph shall not apply to State
Patrol vehicles purchased or maintained
using trunk highway funds.
new text end

new text begin (b) new text beginProhibition on Use of Appropriation.new text end
No portion of this appropriation may be
used for the purchase of motor vehicles
or out-of-state travel that is not directly
connected with and necessary to carry out
the core functions of the department.
new text end

new text begin Subd. 2. new text end

new text begin Emergency Management
new text end

new text begin 2,583,000
new text end
new text begin 2,583,000
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 1,910,000
new text end
new text begin 1,910,000
new text end
new text begin Special Revenue
new text end
new text begin 604,000
new text end
new text begin 604,000
new text end
new text begin Environmental
new text end
new text begin 69,000
new text end
new text begin 69,000
new text end

new text begin Hazmat and Chemical Assessment Teams. new text end new text begin
$604,000 each year is appropriated from the
fire safety account in the special revenue
fund. These amounts must be used to
fund the hazardous materials and chemical
assessment teams.
new text end

new text begin Subd. 3. new text end

new text begin Criminal Apprehension
new text end

new text begin 43,368,000
new text end
new text begin 43,368,000
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 41,420,000
new text end
new text begin 41,420,000
new text end
new text begin State Government
Special Revenue
new text end
new text begin 7,000
new text end
new text begin 7,000
new text end
new text begin Trunk Highway
new text end
new text begin 1,941,000
new text end
new text begin 1,941,000
new text end

new text begin DWI Lab Analysis; Trunk Highway Fund.
Notwithstanding Minnesota Statutes, section
161.20, subdivision 3, $1,941,000 each year
is appropriated from the trunk highway fund
for laboratory analysis related to driving
while impaired cases.
new text end

new text begin Subd. 4. new text end

new text begin Fire Marshal
new text end

new text begin 8,125,000
new text end
new text begin 8,125,000
new text end

new text begin This appropriation is from the fire safety
account in the special revenue fund.
new text end

new text begin Of this amount, $5,857,000 each year is for
activities under Minnesota Statutes, section
299F.012, and $2,268,000 each year is for
transfer to the general fund under Minnesota
Statutes, section 297I.06, subdivision 3.
new text end

new text begin Subd. 5. new text end

new text begin Alcohol and Gambling Enforcement
new text end

new text begin 2,538,000
new text end
new text begin 2,538,000
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 1,635,000
new text end
new text begin 1,635,000
new text end
new text begin Special Revenue
new text end
new text begin 903,000
new text end
new text begin 903,000
new text end

new text begin This appropriation is from the alcohol
enforcement account in the special revenue
fund. Of this appropriation, $750,000 each
year shall be transferred to the general fund.
The transfer amount for fiscal year 2012 and
fiscal year 2013 shall be $500,000 per year.
new text end

new text begin Subd. 6. new text end

new text begin Office of Justice Programs
new text end

new text begin 35,594,000
new text end
new text begin 35,594,000
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 35,498,000
new text end
new text begin 35,498,000
new text end
new text begin State Government
Special Revenue
new text end
new text begin 96,000
new text end
new text begin 96,000
new text end

new text begin (a) Federal Stimulus Money. The Office
of Justice programs shall give priority to
awarding grants for federal stimulus money
to the following activities and programs:
new text end

new text begin (1) organizations that provide mentoring
grants for children of incarcerated parents;
new text end

new text begin (2) youth intervention programs, as defined
under Minnesota Statutes, section 299A.73,
with an emphasis on those programs that
provide early intervention youth services to
children in their communities;
new text end

new text begin (3) re-entry programs for offenders, with a
priority on continuing to fund the nonprofit
organization selected to administer the
demonstration project for high risk adults
under Laws 2007, chapter 54, article 1,
section 19;
new text end

new text begin (4) trafficking victim programs, including
legal advocacy clinics, training programs,
public awareness initiatives, and victim
services hotlines;
new text end

new text begin (5) nonprofit organizations dedicated
to providing immediate and long-term
emotional support and practical help for
families and friends of persons who have
died traumatically;
new text end

new text begin (6) programs that seek to develop and
increase juvenile detention alternatives;
new text end

new text begin (7) restorative justice programs, as defined
in Minnesota Statutes, section 611A.775,
except that a program that receives federal
funds shall not use the funds for cases
involving domestic assault; and
new text end

new text begin (8) judicial branch efficiency programs,
including e-citation and fine management
and collection program improvements.
new text end

new text begin For purposes of this subdivision, "federal
stimulus money" means money provided to
the state under the American Recovery and
Reinvestment Act of 2009.
new text end

new text begin (b) Crime Victim and Youth Intervention
Programs.
For the biennium ending June
30, 2011, funding for the following programs
must not be reduced by more than three
percent from the level of state base funding
provided for the biennium ending June 30,
2009: (1) crime victim reparations; (2)
battered women's shelters and domestic
violence programs; (3) general crime victim
programs; (4) sexual assault victim programs;
and (5) youth intervention programs.
new text end

new text begin (c) Administration Costs. Up to 2.5 percent
of the grant money appropriated in this
subdivision may be used to administer the
grant program.
new text end

new text begin Subd. 7. new text end

new text begin Emergency Communication Networks
new text end

new text begin 66,470,000
new text end
new text begin 70,233,000
new text end

new text begin This appropriation is from the state
government special revenue fund for 911
emergency telecommunications services.
new text end

new text begin (a) Public Safety Answering Points.
$13,664,000 each year is to be distributed
as provided in Minnesota Statutes, section
403.113, subdivision 2.
new text end

new text begin (b) Medical Resource Communication
Centers.
$683,000 each year is for grants
to the Minnesota Emergency Medical
Services Regulatory Board for the Metro
East and Metro West Medical Resource
Communication Centers that were in
operation before January 1, 2000.
new text end

new text begin (c) ARMER Debt Service. $17,557,000 the
first year and $23,261,000 the second year
are to the commissioner of finance to pay
debt service on revenue bonds issued under
Minnesota Statutes, section 403.275.
new text end

new text begin Any portion of this appropriation not needed
to pay debt service in a fiscal year may be
used by the commissioner of public safety to
pay cash for any of the capital improvements
for which bond proceeds were appropriated
by Laws 2005, chapter 136, article 1, section
9, subdivision 8, or Laws 2007, chapter 54,
article 1, section 10, subdivision 8.
new text end

new text begin (d) Metropolitan Council Debt Service.
$1,410,000 each year is to the commissioner
of finance for payment to the Metropolitan
Council for debt service on bonds issued
under Minnesota Statutes, section 403.27.
new text end

new text begin (e) ARMER State Backbone Operating
Costs.
$5,060,000 each year is to the
commissioner of transportation for costs
of maintaining and operating the statewide
radio system backbone.
new text end

new text begin (f) ARMER Improvements. $1,000,000
each year is for the Statewide Radio Board
for costs of design, construction, maintenance
of, and improvements to those elements
of the statewide public safety radio and
communication system that support mutual
aid communications and emergency medical
services or provide enhancement of public
safety communication interoperability.
new text end

new text begin (g) Next Generation 911. $3,431,000 the
first year and $6,490,000 the second year
are to replace the current system with the
Next Generation Internet Protocol (IP) based
network. The base level of funding for fiscal
year 2012 shall be $2,965,000.
new text end

new text begin (h) Grants to Local Government.
$5,000,000 the first year is for grants to
local units of government to assist with
the transition to the ARMER system. This
appropriation is available until June 30, 2012.
new text end

Sec. 11. new text beginPEACE OFFICER STANDARDS
AND TRAINING BOARD (POST)
new text end

new text begin $
new text end
new text begin 4,012,000
new text end
new text begin $
new text end
new text begin 4,012,000
new text end

new text begin (a) Excess Amounts Transferred. This
appropriation is from the peace officer
training account in the special revenue fund.
Any new receipts credited to that account in
the first year in excess of $4,012,000 must be
transferred and credited to the general fund.
Any new receipts credited to that account in
the second year in excess of $4,012,000 must
be transferred and credited to the general
fund.
new text end

new text begin (b) Peace Officer Training
Reimbursements.
$2,859,000 each
year is for reimbursements to local
governments for peace officer training costs.
new text end

new text begin (c) new text beginProhibition on Use of Appropriation.new text end
No portion of this appropriation may be
used for the purchase of motor vehicles
or out-of-state travel that is not directly
connected with and necessary to carry out
the core functions of the board.
new text end

Sec. 12. new text beginPRIVATE DETECTIVE BOARD
new text end

new text begin $
new text end
new text begin 123,000
new text end
new text begin $
new text end
new text begin 123,000
new text end

new text begin new text begin Prohibition on Use of Appropriation.new text end No
portion of this appropriation may be used for
the purchase of motor vehicles or out-of-state
travel that is not directly connected with and
necessary to carry out the core functions of
the board.
new text end

Sec. 13. new text beginHUMAN RIGHTS
new text end

new text begin $
new text end
new text begin 3,524,000
new text end
new text begin $
new text end
new text begin 3,524,000
new text end

new text begin new text begin Prohibition on Use of Appropriation.new text end No
portion of this appropriation may be used for
the purchase of motor vehicles or out-of-state
travel that is not directly connected with and
necessary to carry out the core functions of
the department.
new text end

Sec. 14. new text beginDEPARTMENT OF CORRECTIONS
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin 469,844,000
new text end
new text begin $
new text end
new text begin 472,095,000
new text end
new text begin Appropriations by Fund
new text end
new text begin 2010
new text end
new text begin 2011
new text end
new text begin General
new text end
new text begin 430,954,000
new text end
new text begin 471,205,000
new text end
new text begin Special Revenue
new text end
new text begin 890,000
new text end
new text begin 890,000
new text end
new text begin Federal
new text end
new text begin 38,000,000
new text end
new text begin 0
new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin (a) Car Fleet. By January 1, 2010, the
commissioner must reduce the department's
fleet of cars by 20 percent.
new text end

new text begin (b) Prohibition on Use of Appropriation.
No portion of this appropriation may be
used for the purchase of motor vehicles
or out-of-state travel that is not directly
connected with and necessary to carry out
the core functions of the department.
new text end

new text begin Subd. 2. new text end

new text begin Correctional Institutions
new text end

new text begin 334,341,000
new text end
new text begin 338,199,000
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 295,761,000
new text end
new text begin 337,619,000
new text end
new text begin Special Revenue
new text end
new text begin 580,000
new text end
new text begin 580,000
new text end
new text begin Federal
new text end
new text begin 38,000,000
new text end
new text begin 0
new text end

new text begin $38,000,000 the first year is from the fiscal
stabilization account in the federal fund. This
is a onetime appropriation.
new text end

new text begin The general fund base for this program shall
be $326,085,000 in fiscal year 2012 and
$330,430,000 in fiscal year 2013.
new text end

new text begin (a) Treatment Alternatives; Report. By
December 15, 2009, the commissioner
must submit an electronic report to the
chairs and ranking minority members of
the house of representatives and senate
committees with jurisdiction over public
safety policy and finance concerning
alternative chemical dependency treatment
opportunities. The report must identify
alternatives that represent best practices in
chemical dependency treatment of offenders.
The report must contain suggestions for
reducing the length of time between
offender commitment to the custody of the
commissioner and graduation from chemical
dependency treatment. To the extent
possible, the report shall identify options
that will (1) reduce the cost of treatment;
(2) expand the number of treatment beds;
(3) improve treatment outcomes; and (4)
lower the rate of substance abuse relapse and
criminal recidivism.
new text end

new text begin (b) Challenge Incarceration; Maximum
Occupancy.
The commissioner shall work to
fill all available challenge incarceration beds
for both male and female offenders. If the
commissioner fails to fill at least 90 percent
of the available challenge incarceration beds
by December 1, 2009, the commissioner
must submit a report to the chairs and
ranking minority members of the house of
representatives and senate committees with
jurisdiction over public safety policy and
finance by January 15, 2010, explaining what
steps the commissioner has taken to fill the
beds and why those steps failed to reach the
goal established by the legislature.
new text end

new text begin (c) Institutional Efficiencies. The
commissioner shall strive for institutional
efficiencies and must reduce the fiscal year
2008 average adult facility per diem of
$89.77 by one percent. The base is cut by
$2,850,000 in the first year and $2,850,000
in the second year to reflect a one percent
reduction in the projected adult facility per
diem. In reducing the projected adult facility
per diem, the commissioner must consider
the following:
new text end

new text begin (1) cooperating with the state of Wisconsin
to obtain economies of scale;
new text end

new text begin (2) increasing the bed capacity of the
challenge incarceration program;
new text end

new text begin (3) increasing the number of nonviolent drug
offenders who are granted conditional release
under Minnesota Statutes, section 244.055;
new text end

new text begin (4) increasing the use of compassionate
release or less costly detention alternatives
for elderly and infirm offenders;
new text end

new text begin (5) discontinuing the department's practice
of annually assigning a warden to serve as
a legislative liaison during the legislative
session;
new text end

new text begin (6) consolidating staff from correctional
institutions in geographical proximity to each
other to achieve efficiencies and cost savings,
including wardens, deputy wardens, and
human resources, technology, and employee
development personnel;
new text end

new text begin (7) consolidating the department's human
resources, technology, and employee
development functions in a centralized
location;
new text end

new text begin (8) implementing corrections best practices;
and
new text end

new text begin (9) implementing cost-saving measures used
by other states and the federal government.
new text end

new text begin The commissioner must not eliminate
correctional officer positions or implement
any other measure that will jeopardize public
safety to achieve the mandated cost savings.
The commissioner also must not eliminate
treatment beds to achieve the mandated cost
savings.
new text end

new text begin (d) Per Diem Reduction. If the
commissioner fails to reduce the per diem by
one percent, the commissioner must:
new text end

new text begin (1) reduce the funding for operations support
by the amount of unrealized savings; and
new text end

new text begin (2) submit a report by February 15,
2010, to the chairs and ranking minority
members of the house of representatives
and senate committees with jurisdiction
over public safety policy and finance that
contains descriptions of what efforts the
commissioner made to reduce the per diem,
explanations for why those steps failed to
reduce the per diem by one percent, proposed
legislative options that would assist the
commissioner in reducing the adult facility
per diem, and descriptions of the specific
actions the commissioner took to reduce
funding in operations support.
new text end

new text begin If the commissioner reduces the per diem
by more than one percent, the commissioner
must use the savings to provide treatment to
offenders.
new text end

new text begin (e) Reductions to Certain Programming
Prohibited.
When allocating reductions
in services and programming under this
appropriation, the commissioner may not
make reductions to inmate educational
programs, chemical dependency programs,
or reentry programs.
new text end

new text begin (f) Drug Court Bed Savings. The
commissioner must consider the bed impact
savings of drug courts in formulating its
prison bed projections.
new text end

new text begin (g) Transfer. Notwithstanding Minnesota
Statutes, section 241.27, the commissioner
of finance shall transfer $1,000,000 the first
year and $1,000,000 the second year from the
Minnesota Correctional Industries revolving
fund to the general fund.
new text end

new text begin Subd. 3. new text end

new text begin Community Services
new text end

new text begin 114,144,000
new text end
new text begin 112,537,000
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 114,044,000
new text end
new text begin 112,437,000
new text end
new text begin Special Revenue
new text end
new text begin 100,000
new text end
new text begin 100,000
new text end

new text begin new text begin Short-Term Offenders.new text end $1,607,000 the
first year is for costs associated with the
housing and care of short-term offenders
sentenced prior to June 30, 2009, and housed
in local jails. The commissioner may use
up to ten percent of the total amount of the
appropriation for inpatient medical care
for short-term offenders with less than six
months to serve as affected by the changes
made to Minnesota Statutes, section 609.105,
by Laws 2003, First Special Session chapter
2, article 5, sections 7 to 9. All funds not
expended for inpatient medical care shall be
added to and distributed with the housing
funds. These funds shall be distributed
proportionately based on the total number of
days short-term offenders are placed locally,
not to exceed the fiscal year 2009 per diem.
All funds remaining after reimbursements are
made shall be transferred to the department's
institution base budget to offset the costs
of housing short-term offenders who are
sentenced on or after July 1, 2009, and
incarcerated in state correctional facilities.
Short-term offenders sentenced before July
1, 2009, may be housed in a state correctional
facility at the discretion of the commissioner.
new text end

new text begin This does not preclude the commissioner
from contracting with local jails to house
offenders committed to the custody of the
commissioner.
new text end

new text begin The Department of Corrections is exempt
from the state contracting process for the
purposes of Minnesota Statutes, section
609.105, as amended by Laws 2003, First
Special Session chapter 2, article 5, sections
7 to 9.
new text end

new text begin Subd. 4. new text end

new text begin Operations Support
new text end

new text begin 21,359,000
new text end
new text begin 21,359,000
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 21,149,000
new text end
new text begin 21,149,000
new text end
new text begin Special Revenue
new text end
new text begin 210,000
new text end
new text begin 210,000
new text end

Sec. 15. new text beginSENTENCING GUIDELINES
new text end

new text begin $
new text end
new text begin 604,000
new text end
new text begin $
new text end
new text begin 604,000
new text end

new text begin new text begin Prohibition on Use of Appropriation.new text end No
portion of this appropriation may be used for
the purchase of motor vehicles or out-of-state
travel that is not directly connected with and
necessary to carry out the core functions of
the commission.
new text end

ARTICLE 2

COURTS AND PUBLIC DEFENDERS

Section 1.

Minnesota Statutes 2008, section 2.722, subdivision 4, is amended to read:


Subd. 4.

Determination of a judicial vacancy.

(a) When a judge of the district
court dies, resigns, retires, or is removed from office, the Supreme Court, in consultation
with judges and attorneys in the affected district, shall determine deleted text beginwithin 90 days ofdeleted text endnew text begin afternew text end
receiving notice of a vacancy from the governor whether the vacant office is necessary
for effective judicial administration or is necessary for adequate access to the courts.
In determining whether the position is necessary for adequate access to the courts, the
Supreme Court shall consider whether abolition or transfer of the position would result in
a county having no chambered judge. The Supreme Court may continue the position, may
order the position abolished, or may transfer the position to a judicial district where need
for additional judges exists, designating the position as either a county, county/municipal
or district court judgeship. The Supreme Court shall certify any vacancy to the governor,
who shall fill it in the manner provided by law.

(b) If a judge of district court fails to timely file an affidavit of candidacy and filing
fee or petition in lieu of a fee, the official with whom the affidavits of candidacy are
required to be filed shall notify the Supreme Court that the incumbent judge is not seeking
reelection. Within five days of receipt of the notice, the Supreme Court shall determine
whether the judicial position is necessary for effective judicial administration or adequate
access to the courts and notify the official responsible for certifying the election results of
its determination. In determining whether the position is necessary for adequate access to
the courts, the Supreme Court shall consider whether abolition or transfer of the position
would result in a county having no chambered judge. The Supreme Court may continue
the position, may order the position abolished, or may transfer the position to a judicial
district where the need for additional judgeships exists. If the position is abolished or
transferred, the election may not be held. If the position is transferred, the court shall also
notify the governor of the transfer. Upon transfer, the position is vacant and the governor
shall fill it in the manner provided by law. An order abolishing or transferring a position is
effective the first Monday in the next January.

Sec. 2.

Minnesota Statutes 2008, section 2.722, subdivision 4a, is amended to read:


Subd. 4a.

Referee vacancy; conversion to judgeship.

When a referee of the
district court dies, resigns, retires, or is voluntarily removed from the position, the chief
judge of the district shall notify the Supreme Court and may petition to request that the
position be converted to a judgeship. The Supreme Court shall determine deleted text beginwithin 90
days of the petition
deleted text end whether to order the position abolished or convert the position to a
judgeship in the affected or another judicial district. The Supreme Court shall certify any
judicial vacancy to the governor, who shall fill it in the manner provided by law. The
conversion of a referee position to a judgeship under this subdivision shall not reduce the
total number of judges and referees hearing cases in the family and juvenile courts.

Sec. 3.

Minnesota Statutes 2008, section 2.724, subdivision 2, is amended to read:


Subd. 2.

Procedure.

To promote and secure more efficient administration of justice,
the chief justice of the Supreme Court of the state shall supervise and coordinate the work
of the courts of the state. The Supreme Court may provide by rule that the chief justice not
be required to write opinions as a member of the Supreme Court. Its rules may further
provide for it to hear and consider cases in divisions. It may by rule assign temporarily
any retired justice of the Supreme Court or one judge of the Court of Appeals or district
court judge at a time to act as a justice of the Supreme Court or any number of justices
or retired justices of the Supreme Court to act as judges of the Court of Appeals. Upon
the assignment of a Court of Appeals judge or a district court judge to act as a justice of
the Supreme Court, a judge previously acting as a justice may complete unfinished duties
of that position. Any number of justices may disqualify themselves from hearing and
considering a case, in which event the Supreme Court may assign temporarily a retired
justice of the Supreme Court, a Court of Appeals judge, or a district court judge to hear
and consider the case in place of each disqualified justice. deleted text beginA retired justice who is acting
as a justice of the Supreme Court or judge of the Court of Appeals under this section shall
receive, in addition to retirement pay, out of the general fund of the state, an amount to
make the retired justice's total compensation equal to the same salary as a justice or judge
of the court on which the justice is acting.
deleted text end

Sec. 4.

Minnesota Statutes 2008, section 2.724, subdivision 3, is amended to read:


Subd. 3.

Retired justices and judges.

(a) The chief justice of the Supreme Court
may assign a retired justice of the Supreme Court to act as a justice of the Supreme Court
pursuant to subdivision 2 or as a judge of any other court. The chief justice may assign a
retired judge of any court to act as a judge of any court except the Supreme Court. The
chief justice of the Supreme Court shall determine the pay and expenses to be received by
anew text begin justice ornew text end judge acting pursuant to this paragraph.

(b) A judge who has been elected to office and who has retired as a judge in good
standing and is not practicing law may also be appointed to serve as judge of any court
except the Supreme Court. A retired judge acting under this paragraph will receive pay
and expenses in the amount established by the Supreme Court.

Sec. 5.

Minnesota Statutes 2008, section 86B.705, subdivision 2, is amended to read:


Subd. 2.

Fines and bail money.

(a) All fines, installment payments, and forfeited
bail money collected from persons convicted of violations of this chapter or rules adopted
thereunder, or of a violation of section 169A.20 involving a motorboat, shall be deleted text beginpaid to
the county treasurer of the county where the violation occurred by the court administrator
or other person collecting the money within 15 days after the last day of the month the
money was collected
deleted text endnew text begin deposited in the state treasurynew text end.

(b) One-half of the receipts shall be credited to the general revenue fund deleted text beginof the
county
deleted text end. The other one-half of the receipts shall be transmitted deleted text beginby the county treasurerdeleted text end to
the commissioner of natural resources deleted text beginto be deposited in the state treasurydeleted text end and credited to
the water recreation account for the purpose of boat and water safety.

Sec. 6.

Minnesota Statutes 2008, section 134A.09, subdivision 2a, is amended to read:


Subd. 2a.

Petty misdemeanor cases and criminal convictions; fee assessment.

In
Hennepin County and Ramsey County, the district court administrator or a designee may,
upon the recommendation of the board of trustees and by standing order of the judges
of the district court, include in the costs or disbursements assessed against a defendant
convicted in the district court of the violation of a statute or municipal ordinance, a county
law library fee. This fee may be collected in all petty misdemeanor cases and criminal
prosecutions in which, upon conviction, the defendant may be subject to the payment of
the costs or disbursements in addition to a fine or other penalty.new text begin When a defendant is
convicted of more than one offense in a case, the county law library fee shall be imposed
only once in that case.
new text end

Sec. 7.

Minnesota Statutes 2008, section 134A.10, subdivision 3, is amended to read:


Subd. 3.

Petty misdemeanor cases and criminal convictions; fee assessment.

The judge of district court may, upon the recommendation of the board of trustees and
by standing order, include in the costs or disbursements assessed against a defendant
convicted in the district court of the violation of any statute or municipal ordinance, in
all petty misdemeanor cases and criminal prosecutions in which, upon conviction, the
defendant may be subject to the payment of the costs or disbursements in addition to a fine
or other penalty a county law library fee.new text begin When a defendant is convicted of more than one
offense in a case, the county law library fee shall be imposed only once in that case.
new text end The
item of costs or disbursements may not be assessed for any offense committed prior to the
establishment of the county law library.

Sec. 8.

Minnesota Statutes 2008, section 152.0262, subdivision 1, is amended to read:


Subdivision 1.

Possession of precursors.

new text begin(a) new text endA person is guilty of a crime if the
person possesses any chemical reagents or precursors with the intent to manufacture
methamphetaminenew text begin and if convicted may be sentenced to imprisonment for not more than
ten years or to payment of a fine of not more than $20,000, or both
new text end.

new text begin (b) A person is guilty of a crime if the person possesses any chemical reagents or
precursors with the intent to manufacture methamphetamine and may be sentenced to
imprisonment for not more than 15 years or to payment of a fine of not more than $30,000,
or both, if the conviction is for a subsequent controlled substance conviction.
new text end

As used in this section and section 152.021, "chemical reagents or precursors"
includes any of the following substances, or any similar substances that can be used to
manufacture methamphetamine, or the salts, isomers, and salts of isomers of a listed or
similar substance:

(1) ephedrine;

(2) pseudoephedrine;

(3) phenyl-2-propanone;

(4) phenylacetone;

(5) anhydrous ammonia;

(6) organic solvents;

(7) hydrochloric acid;

(8) lithium metal;

(9) sodium metal;

(10) ether;

(11) sulfuric acid;

(12) red phosphorus;

(13) iodine;

(14) sodium hydroxide;

(15) benzaldehyde;

(16) benzyl methyl ketone;

(17) benzyl cyanide;

(18) nitroethane;

(19) methylamine;

(20) phenylacetic acid;

(21) hydriodic acid; or

(22) hydriotic acid.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, and applies to crimes
committed on or after that date.
new text end

Sec. 9.

Minnesota Statutes 2008, section 169A.20, subdivision 1, is amended to read:


Subdivision 1.

Driving while impaired crimenew text begin; motor vehiclenew text end.

It is a crime for
any person to drive, operate, or be in physical control of any motor vehiclenew text begin, as defined
in section 169A.03, subdivision 15, except for motorboats in operation and off-road
recreational vehicles,
new text end within this state or on any boundary water of this statenew text begin whennew text end:

(1) deleted text beginwhendeleted text end the person is under the influence of alcohol;

(2) deleted text beginwhendeleted text end the person is under the influence of a controlled substance;

(3) deleted text beginwhendeleted text end the person is knowingly under the influence of a hazardous substance that
affects the nervous system, brain, or muscles of the person so as to substantially impair
the person's ability to drive or operate the motor vehicle;

(4) deleted text beginwhendeleted text end the person is under the influence of a combination of any two or more of
the elements named in clauses (1)deleted text begin, (2), anddeleted text endnew text begin tonew text end (3);

(5) deleted text beginwhendeleted text end the person's alcohol concentration at the time, or as measured within
two hours of the time, of driving, operating, or being in physical control of the motor
vehicle is 0.08 or more;

(6) deleted text beginwhendeleted text end the vehicle is a commercial motor vehicle and the person's alcohol
concentration at the time, or as measured within two hours of the time, of driving,
operating, or being in physical control of the commercial motor vehicle is 0.04 or more; or

(7) deleted text beginwhendeleted text end the person's body contains any amount of a controlled substance listed in
schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, and applies to crimes
committed on or after that date.
new text end

Sec. 10.

Minnesota Statutes 2008, section 169A.20, is amended by adding a
subdivision to read:


new text begin Subd. 1a. new text end

new text begin Driving while impaired crime; motorboat in operation. new text end

new text begin It is a crime
for any person to operate or be in physical control of a motorboat in operation on any
waters or boundary water of this state when:
new text end

new text begin (1) the person is under the influence of alcohol;
new text end

new text begin (2) the person is under the influence of a controlled substance;
new text end

new text begin (3) the person is knowingly under the influence of a hazardous substance that affects
the nervous system, brain, or muscles of the person so as to substantially impair the
person's ability to drive or operate the motorboat;
new text end

new text begin (4) the person is under the influence of a combination of any two or more of the
elements named in clauses (1) to (3);
new text end

new text begin (5) the person's alcohol concentration at the time, or as measured within two hours
of the time, of driving, operating, or being in physical control of the motorboat is 0.08 or
more; or
new text end

new text begin (6) the person's body contains any amount of a controlled substance listed in
schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, and applies to crimes
committed on or after that date.
new text end

Sec. 11.

Minnesota Statutes 2008, section 169A.20, is amended by adding a
subdivision to read:


new text begin Subd. 1b. new text end

new text begin Driving while impaired crime; snowmobile and all-terrain vehicle. new text end

new text begin It
is a crime for any person to operate or be in physical control of a snowmobile as defined in
section 84.81, subdivision 3, or all-terrain vehicle as defined in section 84.92, subdivision
8, anywhere in this state or on the ice of any boundary water of this state when:
new text end

new text begin (1) the person is under the influence of alcohol;
new text end

new text begin (2) the person is under the influence of a controlled substance;
new text end

new text begin (3) the person is knowingly under the influence of a hazardous substance that affects
the nervous system, brain, or muscles of the person so as to substantially impair the
person's ability to drive or operate the snowmobile or all-terrain vehicle;
new text end

new text begin (4) the person is under the influence of a combination of any two or more of the
elements named in clauses (1) to (3);
new text end

new text begin (5) the person's alcohol concentration at the time, or as measured within two hours
of the time, of driving, operating, or being in physical control of the snowmobile or
all-terrain vehicle is 0.08 or more; or
new text end

new text begin (6) the person's body contains any amount of a controlled substance listed in
schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, and applies to crimes
committed on or after that date.
new text end

Sec. 12.

Minnesota Statutes 2008, section 169A.20, is amended by adding a
subdivision to read:


new text begin Subd. 1c. new text end

new text begin Driving while impaired crime; off-highway motorcycle and off-road
vehicle.
new text end

new text begin It is a crime for any person to operate or be in physical control of any off-highway
motorcycle as defined in section 84.787, subdivision 7, or any off-road vehicle as defined
in section 84.797, subdivision 7, anywhere in this state or on the ice of any boundary
water of this state when:
new text end

new text begin (1) the person is under the influence of alcohol;
new text end

new text begin (2) the person is under the influence of a controlled substance;
new text end

new text begin (3) the person is knowingly under the influence of a hazardous substance that affects
the nervous system, brain, or muscles of the person so as to substantially impair the
person's ability to drive or operate the off-highway motorcycle or off-road vehicle;
new text end

new text begin (4) the person is under the influence of a combination of any two or more of the
elements named in clauses (1) to (3);
new text end

new text begin (5) the person's alcohol concentration at the time, or as measured within two hours of
the time, of driving, operating, or being in physical control of the off-highway motorcycle
or off-road vehicle is 0.08 or more; or
new text end

new text begin (6) the person's body contains any amount of a controlled substance listed in
schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, and applies to crimes
committed on or after that date.
new text end

Sec. 13.

Minnesota Statutes 2008, section 169A.25, subdivision 1, is amended to read:


Subdivision 1.

Degree described.

(a) A person who violates section 169A.20,
subdivision 1
new text begin, 1a, 1b, or 1c new text end (driving while impaired crime), is guilty of second-degree
driving while impaired if two or more aggravating factors were present when the violation
was committed.

(b) A person who violates section 169A.20, subdivision 2 (refusal to submit to
chemical test crime), is guilty of second-degree driving while impaired if one aggravating
factor was present when the violation was committed.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, and applies to crimes
committed on or after that date.
new text end

Sec. 14.

Minnesota Statutes 2008, section 169A.26, subdivision 1, is amended to read:


Subdivision 1.

Degree described.

(a) A person who violates section 169A.20,
subdivision 1
new text begin, 1a, 1b, or 1c new text end (driving while impaired crime), is guilty of third-degree driving
while impaired if one aggravating factor was present when the violation was committed.

(b) A person who violates section 169A.20, subdivision 2 (refusal to submit to
chemical test crime), is guilty of third-degree driving while impaired.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, and applies to crimes
committed on or after that date.
new text end

Sec. 15.

Minnesota Statutes 2008, section 169A.27, subdivision 1, is amended to read:


Subdivision 1.

Degree described.

A person who violates section 169A.20,
subdivision 1new text begin, 1a, 1b, or 1c new text end
(driving while impaired crime), is guilty of fourth-degree
driving while impaired.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, and applies to crimes
committed on or after that date.
new text end

Sec. 16.

Minnesota Statutes 2008, section 169A.28, subdivision 2, is amended to read:


Subd. 2.

Permissive consecutive sentences; multiple offenses.

(a) When a person
is being sentenced for a violation of a provision listed in paragraph (e), the court may
sentence the person to a consecutive term of imprisonment for a violation of any other
provision listed in paragraph (e), notwithstanding the fact that the offenses arose out of the
same course of conduct, subject to the limitation on consecutive sentences contained in
section 609.15, subdivision 2, and except as provided in paragraphs (b) and (c).

(b) When a person is being sentenced for a violation of section 171.09 (violation
of condition of restricted license), 171.20 (operation after revocation, suspension,
cancellation, or disqualification), 171.24 (driving without valid license), or 171.30
(violation of condition of limited license), the court may not impose a consecutive sentence
for another violation of a provision in chapter 171 (drivers' licenses and training schools).

(c) When a person is being sentenced for a violation of section 169.791 (failure to
provide proof of insurance) or 169.797 (failure to provide vehicle insurance), the court
may not impose a consecutive sentence for another violation of a provision of sections
169.79 to 169.7995.

(d) This subdivision does not limit the authority of the court to impose consecutive
sentences for crimes arising on different dates or to impose a consecutive sentence when
a person is being sentenced for a crime and is also in violation of the conditions of
a stayed or otherwise deferred sentence under section 609.135 (stay of imposition or
execution of sentence).

(e) This subdivision applies to misdemeanor and gross misdemeanor violations of
the following if the offender has two or more prior impaired driving convictions within
the past ten years:

(1) section 169A.20, subdivision 1new text begin, 1a, 1b, or 1c new text end (driving while impaired; impaired
driving offenses);

(2) section 169A.20, subdivision 2 (driving while impaired; test refusal offense);

(3) section 169.791;

(4) section 169.797;

(5) section 171.09 (violation of condition of restricted license);

(6) section 171.20, subdivision 2 (operation after revocation, suspension,
cancellation, or disqualification);

(7) section 171.24; and

(8) section 171.30.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, and applies to crimes
committed on or after that date.
new text end

Sec. 17.

Minnesota Statutes 2008, section 169A.284, is amended to read:


169A.284 CHEMICAL DEPENDENCY ASSESSMENT CHARGE;
SURCHARGE.

Subdivision 1.

When required.

(a) When a court sentences a person convicted
of an offense enumerated in section 169A.70, subdivision 2 (chemical use assessment;
requirement; form), it shall new text beginorder the person to pay the cost of the assessment directly
to the entity conducting the assessment or providing the assessment services in an
amount determined by the entity conducting or providing the service and shall
new text endimpose
a chemical dependency assessment charge of deleted text begin$125deleted text endnew text begin $25new text end. new text beginThe court may waive the $25
assessment charge, but may not waive the cost for the assessment paid directly to the
entity conducting the assessment or providing assessment services.
new text end A person shall pay
an additional surcharge of $5 if the person is convicted of a violation of section 169A.20
(driving while impaired) within five years of a prior impaired driving conviction or a prior
conviction for an offense arising out of an arrest for a violation of section 169A.20 or
Minnesota Statutes 1998, section 169.121 (driver under influence of alcohol or controlled
substance) or 169.129 (aggravated DWI-related violations; penalty). This section applies
when the sentence is executed, stayed, or suspended. The court may not waive payment
or authorize payment of the assessment charge and surcharge in installments unless it
makes written findings on the record that the convicted person is indigent or that the
assessment charge and surcharge would create undue hardship for the convicted person or
that person's immediate family.

(b) The chemical dependency assessment charge and surcharge required under
this section are in addition to the surcharge required by section 357.021, subdivision 6
(surcharges on criminal and traffic offenders).

Subd. 2.

Distribution of money.

The deleted text begincountydeleted text endnew text begin court administratornew text end shall collect and
forward deleted text beginto the commissioner of finance $25 ofdeleted text end the chemical dependency assessment
charge and the $5 surcharge, if any, deleted text beginwithin 60 days after sentencing or explain to the
commissioner in writing why the money was not forwarded within this time period. The
commissioner shall credit the money
deleted text endnew text begin to the commissioner of finance to be deposited in the
state treasury and credited
new text end to the general fund. deleted text beginThe county shall collect and keep $100 of
the chemical dependency assessment charge.
deleted text end

Sec. 18.

Minnesota Statutes 2008, section 169A.46, subdivision 1, is amended to read:


Subdivision 1.

Impairment occurred after driving ceased.

If proven by a
preponderance of the evidence, it is an affirmative defense to a violation of section
169A.20, subdivision 1, clause (5)new text begin; 1a, clause (5); 1b, clause (5); or 1c, clause (5)new text end (driving
while impaired, alcohol concentration within two hours of driving), or 169A.20 by a
person having an alcohol concentration of 0.20 or more as measured at the time, or within
two hours of the time, of the offense, that the defendant consumed a sufficient quantity
of alcohol after the time of the violation and before the administration of the evidentiary
test to cause the defendant's alcohol concentration to exceed the level specified in the
applicable clause. Evidence that the defendant consumed alcohol after the time of the
violation may not be admitted in defense to any alleged violation of section 169A.20,
unless notice is given to the prosecution prior to the omnibus or pretrial hearing in the
matter.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, and applies to crimes
committed on or after that date.
new text end

Sec. 19.

Minnesota Statutes 2008, section 169A.54, subdivision 1, is amended to read:


Subdivision 1.

Revocation periods for DWI convictions.

Except as provided in
subdivision 7, the commissioner shall revoke the driver's license of a person convicted
of violating section 169A.20 (driving while impaired) or an ordinance in conformity
with it, as follows:

(1) for an offense under section 169A.20, subdivision 1 (driving while impaired
crime): not less than 30 days;

(2) for an offense under section 169A.20, subdivision 2 (refusal to submit to
chemical test crime): not less than 90 days;

(3) for an offense occurring within ten years of a qualified prior impaired driving
incident:

(i) if the current conviction is for a violation of section 169A.20, subdivision
1
new text begin, 1a, 1b, or 1cnew text end, not less than 180 days and until the court has certified that treatment
or rehabilitation has been successfully completed where prescribed in accordance with
section 169A.70 (chemical use assessments); or

(ii) if the current conviction is for a violation of section 169A.20, subdivision 2, not
less than one year and until the court has certified that treatment or rehabilitation has been
successfully completed where prescribed in accordance with section 169A.70;

(4) for an offense occurring within ten years of the first of two qualified prior
impaired driving incidents: not less than one year, together with denial under section
171.04, subdivision 1, clause (10), until rehabilitation is established in accordance with
standards established by the commissioner; or

(5) for an offense occurring within ten years of the first of three or more qualified
prior impaired driving incidents: not less than two years, together with denial under
section 171.04, subdivision 1, clause (10), until rehabilitation is established in accordance
with standards established by the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, and applies to crimes
committed on or after that date.
new text end

Sec. 20.

Minnesota Statutes 2008, section 299D.03, subdivision 5, is amended to read:


Subd. 5.

Traffic fines and forfeited bail money.

(a) All fines and forfeited bail
money, deleted text beginfrom traffic and motor vehicle law violations,deleted text end collected from persons apprehended
or arrested by officers of the State Patrol, shall be deleted text beginpaiddeleted text endnew text begin transmittednew text end by the person or
officer collecting the fines, forfeited bail money, or installments thereof, on or before the
tenth day after the last day of the month in which these moneys were collected, to the
deleted text begin county treasurer of the county where the violation occurred.deleted text endnew text begin commissioner of finance.
Except where a different disposition is required in this paragraph, paragraph (b), section
387.213, or otherwise provided by law,
new text end three-eighths of these receipts deleted text beginshall be credited to
the general revenue fund of the county, except that in a county in a judicial district under
section 480.181, subdivision 1, paragraph (b), this three-eighths share
deleted text end must be deleted text begintransmitted
to the commissioner of finance for deposit
deleted text endnew text begin depositednew text end in the state treasury and credited to
thenew text begin statenew text end general fund. The other five-eighths of these receipts deleted text beginshall be transmitted by that
officer to the commissioner of finance and
deleted text end must benew text begin deposited in the state treasury andnew text end
credited as follows: (1) the first $600,000 in each fiscal year must be credited to the
Minnesota grade crossing safety account in the special revenue fund, and (2) remaining
receipts must be credited to thenew text begin statenew text end trunk highway fund. If, however, the violation occurs
within a municipality and the city attorney prosecutes the offense, and a plea of not guilty
is entered, one-third of the receipts shall benew text begin deposited in the state treasury andnew text end credited
to the new text beginstate new text endgeneral deleted text beginrevenuedeleted text end fund deleted text beginof the countydeleted text end, one-third of the receipts shall be paid
to the municipality prosecuting the offense, and one-third shall be deleted text begintransmitted to the
commissioner of finance as provided in this subdivision.
deleted text endnew text begin deposited in the state treasury
and credited to the Minnesota grade crossing safety account or the state trunk highway
fund as provided in this paragraph. When section 387.213 also is applicable to the fine,
section 387.213 shall be applied before this paragraph is applied.
new text end All costs of participation
in a nationwide police communication system chargeable to the state of Minnesota shall
be paid from appropriations for that purpose.

(b) Notwithstanding any other provisions of law, all fines and forfeited bail money
from violations of statutes governing the maximum weight of motor vehicles, collected
from persons apprehended or arrested by employees of the state of Minnesota, by means
of stationary or portable scales operated by these employees, shall be deleted text beginpaiddeleted text endnew text begin transmittednew text end by
the person or officer collecting the fines or forfeited bail money, on or before the tenth day
after the last day of the month in which the collections were made, to the deleted text begincounty treasurer
of the county where the violation occurred
deleted text endnew text begin commissioner of financenew text end. Five-eighths of these
receipts shall be deleted text begintransmitted by that officer to the commissioner of finance and shall bedeleted text endnew text begin
deposited in the state treasury and
new text end credited to the new text beginstate new text endhighway user tax distribution fund.
Three-eighths of these receipts shall be new text begindeposited in the state treasury and new text endcredited to the
new text begin state new text endgeneral deleted text beginrevenue fund of the county, except that in a county in a judicial district
under section 480.181, subdivision 1, paragraph (b), this three-eighths share must be
transmitted to the commissioner of finance for deposit in the state treasury and credited
to the general
deleted text end fund.

Sec. 21.

Minnesota Statutes 2008, section 357.021, subdivision 2, is amended to read:


Subd. 2.

Fee amounts.

The fees to be charged and collected by the court
administrator shall be as follows:

(1) In every civil action or proceeding in said court, including any case arising under
the tax laws of the state that could be transferred or appealed to the Tax Court, the plaintiff,
petitioner, or other moving party shall pay, when the first paper is filed for that party in said
action, a fee of deleted text begin$240deleted text endnew text begin $310new text end, except in marriage dissolution actions the fee is deleted text begin$270deleted text endnew text begin $340new text end.

The defendant or other adverse or intervening party, or any one or more of several
defendants or other adverse or intervening parties appearing separately from the others,
shall pay, when the first paper is filed for that party in said action, a fee of deleted text begin$240deleted text endnew text begin $310new text end,
except in marriage dissolution actions the fee is deleted text begin$270deleted text endnew text begin $340new text end.

The party requesting a trial by jury shall pay deleted text begin$75deleted text endnew text begin $100new text end.

The fees above stated shall be the full trial fee chargeable to said parties irrespective
of whether trial be to the court alone, to the court and jury, or disposed of without trial,
and shall include the entry of judgment in the action, but does not include copies or
certified copies of any papers so filed or proceedings under chapter 103E, except the
provisions therein as to appeals.

(2) Certified copy of any instrument from a civil or criminal proceeding, deleted text begin$10deleted text endnew text begin $14new text end,
and deleted text begin$5deleted text endnew text begin $8new text end for an uncertified copy.

(3) Issuing a subpoena, deleted text begin$12deleted text endnew text begin $16new text end for each name.

(4) Filing a motion or response to a motion in civil, family, excluding child support,
and guardianship cases, deleted text begin$55deleted text endnew text begin $100new text end.

(5) Issuing an execution and filing the return thereof; issuing a writ of attachment,
injunction, habeas corpus, mandamus, quo warranto, certiorari, or other writs not
specifically mentioned, deleted text begin$40deleted text endnew text begin $55new text end.

(6) Issuing a transcript of judgment, or for filing and docketing a transcript of
judgment from another court, deleted text begin$30deleted text endnew text begin $40new text end.

(7) Filing and entering a satisfaction of judgment, partial satisfaction, or assignment
of judgment, $5.

(8) Certificate as to existence or nonexistence of judgments docketed, $5 for each
name certified to.

(9) Filing and indexing trade name; or recording basic science certificate;
or recording certificate of physicians, osteopaths, chiropractors, veterinarians, or
optometrists, $5.

(10) For the filing of each partial, final, or annual account in all trusteeships, deleted text begin$40deleted text endnew text begin $55new text end.

(11) For the deposit of a will, deleted text begin$20deleted text endnew text begin $27new text end.

(12) For recording notary commission, $100, of which, notwithstanding subdivision
1a, paragraph (b), $80 must be forwarded to the commissioner of finance to be deposited
in the state treasury and credited to the general fund.

(13) Filing a motion or response to a motion for modification of child support,
a fee of deleted text begin$55deleted text endnew text begin $100new text end.

(14) All other services required by law for which no fee is provided, such fee
as compares favorably with those herein provided, or such as may be fixed by rule or
order of the court.

(15) In addition to any other filing fees under this chapter, a surcharge in the
amount of $75 must be assessed in accordance with section 259.52, subdivision 14, for
each adoption petition filed in district court to fund the fathers' adoption registry under
section 259.52.

The fees in clauses (3) and (5) need not be paid by a public authority or the party
the public authority represents.

Sec. 22.

Minnesota Statutes 2008, section 357.021, subdivision 6, is amended to read:


Subd. 6.

Surcharges on criminal and traffic offenders.

(a) Except as provided
in this paragraph, the court shall impose and the court administrator shall collect a $75
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 deleted text begin$4deleted text endnew text begin $12new text end surcharge. new text beginWhen a defendant is convicted
of more than one offense in a case, the surcharge shall be imposed only once in that
case.
new text endIn 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, misdemeanor, or petty misdemeanor offense, including 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. The surcharge shall not be imposed
when a person is convicted of a petty misdemeanor for which no fine is imposed.

(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 deleted text begincommissioner of financedeleted text endnew text begin court administrator or other entity collecting the
surcharge imposed by the court
new text end.

new text begin (f) A person who successfully completes a diversion or similar program for a
violation of chapter 169 must pay the surcharge described in this subdivision.
new text end

Sec. 23.

Minnesota Statutes 2008, 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 $47 of each surcharge received under subdivision 6 and section
97A.065, subdivision 2, and the deleted text begin$4deleted text endnew text begin $12new text end 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 transmit the surcharge to the
commissioner of finance. The $1 special surcharge is deposited in a Ramsey County
surcharge account in the special revenue fund and amounts in the account are appropriated
to the trial courts for the administration of the petty misdemeanor diversion program
operated by the Second Judicial District Ramsey County Violations Bureau.

Sec. 24.

Minnesota Statutes 2008, section 357.022, is amended to read:


357.022 CONCILIATION COURT FEE.

The court administrator in every county shall charge and collect a filing fee of deleted text begin$50deleted text endnew text begin
$65
new text end from every plaintiff and from every defendant when the first paper for that party is
filed in any conciliation court action. This section does not apply to conciliation court
actions filed by the state. The court administrator shall transmit the fees monthly to the
commissioner of finance for deposit in the state treasury and credit to the general fund.

Sec. 25.

Minnesota Statutes 2008, section 357.08, is amended to read:


357.08 PAID BY APPELLANT IN APPEAL.

There shall be paid to the clerk of the appellate courts by the appellant, or moving
party or person requiring the service, in all cases of appeal, certiorari, habeas corpus,
mandamus, injunction, prohibition, or other original proceeding, when initially filed with
the clerk of the appellate courts, the sum of deleted text begin$500deleted text endnew text begin $550new text end to the clerk of the appellate courts.
An additional filing fee of $100 shall be required for a petition for accelerated review by
the Supreme Court. A filing fee of deleted text begin$500deleted text endnew text begin $550new text end shall be paid to the clerk of the appellate
courts upon the filing of a petition for review from a decision of the Court of Appeals. A
filing fee of deleted text begin$500deleted text endnew text begin $550new text end shall be paid to the clerk of the appellate courts upon the filing
of a petition for permission to appeal. A filing fee of $100 shall be paid to the clerk of
the appellate courts upon the filing by a respondent of a notice of review. The clerk shall
transmit the fees to the commissioner of finance for deposit in the state treasury and
credit to the general fund.

The clerk shall not file any paper, issue any writ or certificate, or perform any service
enumerated herein, until the payment has been made for it. The clerk shall pay the sum
into the state treasury as provided for by section 15A.01.

The charges provided for shall not apply to disbarment proceedings, nor to an
action or proceeding by the state taken solely in the public interest, where the state is the
appellant or moving party, nor to copies of the opinions of the court furnished by the clerk
to the parties before judgment, or furnished to the district judge whose decision is under
review, or to such law library associations in counties having a population exceeding
50,000, as the court may direct.

Sec. 26.

Minnesota Statutes 2008, section 364.08, is amended to read:


364.08 PRACTICE OF LAW; EXCEPTION.

This chapter shall not apply to the practice of lawnew text begin or judicial branch employmentnew text end;
but nothing in this section shall be construed to preclude the Supreme Court, in its
discretion, from adopting the policies set forth in this chapter.

Sec. 27.

Minnesota Statutes 2008, section 375.14, is amended to read:


375.14 OFFICES AND SUPPLIES FURNISHED FOR COUNTY OFFICERS.

The county board shall provide offices at the county seat for the auditor, treasurer,
county recorder, sheriff, court administrator of the district court, and an office for the
county engineer at a site determined by the county board, with suitable furniture and
safes and vaults for the security and preservation of the books and papers of the offices,
and provide heating, lighting, and maintenance of the offices. The board shall furnish
all county officers with all books, stationery, letterheads, envelopes, postage, telephone
service, office equipment, electronic technology, and supplies necessary to the discharge
of their respective duties deleted text beginand make like provision for the judges of the district court
as necessary to the discharge of their duties within the county or concerning matters
arising in it
deleted text end. The board is not required to furnish any county officer with professional or
technical books or instruments except when the board deems them directly necessary to
the discharge of official duties as part of the permanent equipment of the office.

Sec. 28.

Minnesota Statutes 2008, section 480.15, is amended by adding a subdivision
to read:


new text begin Subd. 10c. new text end

new text begin Uniform collections policies and procedures for courts. new text end

new text begin (a) The
state court administrator under the direction of the Judicial Council may promulgate
uniform collections policies and procedures for the courts and may contract with credit
bureaus, public and private collection agencies, the Department of Revenue, and other
public or private entities providing collection services as necessary for the collection
of court debts. The court collection process and procedures are not subject to section
16A.1285. Court debts referred to the Department of Revenue for collection are not
subject to section 16D.07.
new text end

new text begin (b) Court debt means an amount owed to the state directly or through the judicial
branch on account of a fee, duty, rent, service, overpayment, fine, assessment, surcharge,
court cost, penalty, restitution, damages, interest, bail bond, forfeiture, reimbursement,
liability owed, an assignment to the judicial branch, recovery of costs incurred by the
judicial branch, or any other source of indebtedness to the judicial branch as well as
amounts owed to other public or private entities for which the judicial branch acts in
providing collection services, or any other amount owed to the judicial branch.
new text end

new text begin (c) The courts must pay for the collection services of public or private collection
entities as well as the cost of one or more court employees to provide collection interface
services between the Department of Revenue, the courts, and one or more collection
entities from the money collected. The portion of the money collected which must be paid
to the collection entity as collection fees and costs and the portion of the money collected
which must be paid to the courts or Department of Revenue for collection services are
appropriated from the fund to which the collected money is due.
new text end

new text begin (d) As determined by the state court administrator, collection costs shall be added to
the debts referred to a public or private collection entity for collection.
new text end

new text begin Collection costs shall include the fees of the collection entity, and may include, if
separately provided, skip tracing fees, credit bureau reporting charges, fees assessed
by any public entity for obtaining information necessary for debt collection, or other
collection-related costs. Collection costs shall also include the costs of one or more court
employees employed by the state court administrator to provide a collection interface
between the collection entity, the Department of Revenue, and the courts.
new text end

new text begin If the collection entity collects an amount less than the total due, the payment is
applied proportionally to collection costs and the underlying debt. Collection costs in
excess of collection agency fees and court employee collection interface costs must be
deposited in the general fund as nondedicated receipts.
new text end

Sec. 29.

Minnesota Statutes 2008, section 484.85, is amended to read:


484.85 DISPOSITION OF FINES, FEES, AND OTHER MONEY;
ACCOUNTS; RAMSEY COUNTY DISTRICT COURT.

deleted text begin (a) In the event the Ramsey County District Court takes jurisdiction of a prosecution
for the violation of a statute or ordinance by the state or a governmental subdivision other
than a city or town in Ramsey County, all fines, penalties, and forfeitures collected shall be
paid over to the county treasurer except where a different disposition is provided by law,
and the following fees shall be taxed to the state or governmental subdivision other than
a city or town within Ramsey County which would be entitled to payment of the fines,
forfeitures, or penalties in any case, and shall be paid to the administrator of the court for
disposal of the matter. The administrator shall deduct the fees from any fine collected for
the state of Minnesota or a governmental subdivision other than a city or town within
Ramsey County and transmit the balance in accordance with the law, and the deduction of
the total of the fees each month from the total of all the fines collected is hereby expressly
made an appropriation of funds for payment of the fees:
deleted text end

deleted text begin (1) in all cases where the defendant is brought into court and pleads guilty and is
sentenced, or the matter is otherwise disposed of without a trial, $5;
deleted text end

deleted text begin (2) in arraignments where the defendant waives a preliminary examination, $10;
deleted text end

deleted text begin (3) in all other cases where the defendant stands trial or has a preliminary
examination by the court, $15; and
deleted text end

deleted text begin (4) the court shall have the authority to waive the collection of fees in any particular
case.
deleted text end

deleted text begin (b) On or before the last day of each month, the county treasurer shall pay over
to the treasurer of the city of St. Paul two-thirds of all fines, penalties, and forfeitures
collected and to the treasurer of each other municipality or subdivision of government in
Ramsey County one-half of all fines or penalties collected during the previous month from
those imposed for offenses committed within the treasurer's municipality or subdivision
of government in violation of a statute; an ordinance; or a charter provision, rule, or
regulation of a city. All other fines and forfeitures and all fees and costs collected by the
district court shall be paid to the treasurer of Ramsey County, who shall dispense the
same as provided by law.
deleted text end

new text begin (a) In all cases prosecuted in Ramsey County District Court by an attorney for
a municipality or subdivision of government within Ramsey County for violation of
a statute; an ordinance; or a charter provision, rule, or regulation of a city; all fines,
penalties, and forfeitures collected by the court administrator shall be deposited in the state
treasury and distributed according to this paragraph. Except where a different disposition
is provided by section 299D.03, subdivision 5, or other law, on or before the last day of
each month, the court shall pay over all fines, penalties, and forfeitures collected by the
court administrator during the previous month as follows:
new text end

new text begin (1) for offenses committed within the city of St. Paul, two-thirds paid to the treasurer
of the city of St. Paul and one-third credited to the state general fund; and
new text end

new text begin (2) for offenses committed within any other municipality or subdivision of
government within Ramsey County, one-half to the treasurer of the municipality or
subdivision of government and one-half credited to the state general fund.
new text end

new text begin All other fines, penalties, and forfeitures collected by the district court shall be
distributed by the courts as provided by law.
new text end

new text begin (b) Fines, penalties, and forfeitures shall be distributed as provided in paragraph
(a) when:
new text end

new text begin (1) a city contracts with the county attorney for prosecutorial services under section
484.87, subdivision 3; or
new text end

new text begin (2) the attorney general provides assistance to the city attorney under section 484.87,
subdivision 5.
new text end

Sec. 30.

Minnesota Statutes 2008, section 484.90, subdivision 6, is amended to read:


Subd. 6.

Allocation.

deleted text begin The court administrator shall provide the county treasurer with
the name of the municipality or other subdivision of government where the offense was
committed which employed or provided by contract the arresting or apprehending officer
and the name of the municipality or other subdivision of government which employed the
prosecuting attorney or otherwise provided for prosecution of the offense for each fine or
penalty and the total amount of fines or penalties collected for each municipality or other
subdivision of government. On or before the last day of each month, the county treasurer
shall pay over to the treasurer of each municipality or subdivision of government within
the county all fines or penalties for parking violations for which complaints and warrants
have not been issued and one-third of all fines or penalties collected during the previous
month for offenses committed within the municipality or subdivision of government from
persons arrested or issued citations by officers employed by the municipality or subdivision
or provided by the municipality or subdivision by contract. An additional one-third of all
fines or penalties shall be paid to the municipality or subdivision of government providing
prosecution of offenses of the type for which the fine or penalty is collected occurring
within the municipality or subdivision, imposed for violations of state statute or of an
ordinance, charter provision, rule, or regulation of a city whether or not a guilty plea is
entered or bail is forfeited. Except as provided in section 299D.03, subdivision 5, or as
otherwise provided by law, all other fines and forfeitures and all fees and statutory court
costs collected by the court administrator shall be paid to the county treasurer of the county
in which the funds were collected who shall dispense them as provided by law. In a county
in a judicial district under section 480.181, subdivision 1, paragraph (b), all other fines,
forfeitures, fees, and statutory court costs must be paid to the commissioner of finance for
deposit in the state treasury and credited to the general fund.
deleted text end new text begin (a) In all cases prosecuted in
district court by an attorney for a municipality or other subdivision of government within
the county for violations of state statute, or of an ordinance; or charter provision, rule,
or regulation of a city; all fines, penalties, and forfeitures collected shall be deposited in
the state treasury and distributed according to this paragraph. Except where a different
disposition is provided by section 299D.03, subdivision 5, 484.841, 484.85, or other law,
on or before the last day of each month, the courts shall pay over all fines, penalties, and
forfeitures collected by the court administrator during the previous month as follows:
new text end

new text begin (1) 100 percent of all fines or penalties for parking violations for which complaints
and warrants have not been issued to the treasurer of the city or town in which the offense
was committed; and
new text end

new text begin (2) two-thirds of all other fines to the treasurer of the city or town in which the
offense was committed and one-third credited to the state general fund.
new text end

new text begin All other fines, penalties, and forfeitures collected by the court administrator shall be
distributed by the courts as provided by law.
new text end

new text begin (b) Fines, penalties, and forfeitures shall be distributed as provided in paragraph
(a) when:
new text end

new text begin (1) a city contracts with the county attorney for prosecutorial services under section
484.87, subdivision 3;
new text end

new text begin (2) a city has a population of 600 or less and has given the duty to prosecute cases to
the county attorney under section 487.87; or
new text end

new text begin (3) the attorney general provides assistance to the county attorney as permitted
by law.
new text end

Sec. 31.

Minnesota Statutes 2008, section 484.91, subdivision 1, is amended to read:


Subdivision 1.

Establishment.

Misdemeanor violations bureaus new text beginin the Fourth
Judicial District
new text end shall be established in deleted text beginMinneapolis, a southern suburb location, and at
any other northern and western suburban
deleted text end locations deleted text begindispersed throughout the county as
may be
deleted text end designated by a majority of the judges of the court.

Sec. 32.

Minnesota Statutes 2008, section 491A.02, subdivision 9, is amended to read:


Subd. 9.

Judgment debtor disclosure.

Notwithstanding any contrary provision in
rule 518 of the Conciliation Court Rules, unless the parties have otherwise agreed, if a
conciliation court judgment or a judgment of district court on removal from conciliation
court has been docketed in district court, new text beginthe judgment creditor's attorney as an officer of
the court may or
new text endthe district court in the county in which the judgment originated shall,
upon request of the judgment creditor, order the judgment debtor to mail to the judgment
creditor information as to the nature, amount, identity, and locations of all the debtor's
assets, liabilities, and personal earning. The information must be provided on a form
prescribed by the Supreme Court, and the information shall be sufficiently detailed to
enable the judgment creditor to obtain satisfaction of the judgment by way of execution on
nonexempt assets and earnings of the judgment debtor. The order must contain a notice
that failure to complete the form and mail it to the judgment creditor within ten days after
service of the order may result in a citation for civil contempt of court. Cash bail posted as
a result of being cited for civil contempt of court order under this section may be ordered
payable to the creditor to satisfy the judgment, either partially or fully.

Sec. 33.

Minnesota Statutes 2008, section 491A.03, subdivision 1, is amended to read:


Subdivision 1.

Judges; referees.

The judges of district court deleted text beginshalldeleted text end new text beginmay new text endserve as
judges of conciliation court. deleted text beginIn the Second and Fourth Judicial Districts, A majority of
the judges
deleted text end new text beginThe chief judge new text endof the district may appoint one or more suitable persons to act
as referees in conciliation court; deleted text begina majority of the judgesdeleted text end new text beginthe chief judge new text endof the district
shall establish qualifications for the office, specify the duties and length of service of
referees, and fix their compensation deleted text beginnot to exceed an amount per day determined by the
chief judge of the judicial district
deleted text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 34.

Minnesota Statutes 2008, section 525.091, subdivision 1, is amended to read:


Subdivision 1.

Original documents.

The court administrator of any county upon
order of the judge exercising probate jurisdiction may destroy all the original documents
in any probate proceeding of record in the office deleted text beginfive yearsdeleted text end after the file in such proceeding
has been closed provided the original or a Minnesota state archives commission approved
photographic, photostatic, microphotographic, microfilmed, or similarly reproduced copy
of the original of the following enumerated documents in the proceeding are on file in
the office.

Enumerated original documents:

(a) In estates, the jurisdictional petition and proof of publication of the notice of
hearing thereof; will and certificate of probate; letters; inventory and appraisal; orders
directing and confirming sale, mortgage, lease, or for conveyance of real estate; order
setting apart statutory selection; receipts for federal estate taxes and state estate taxes;
orders of distribution and general protection; decrees of distribution; federal estate tax
closing letter, consent to discharge by commissioner of revenue and order discharging
representative; and any amendment of the listed documents.

When an estate is deemed closed as provided in clause (d) of this subdivision, the
enumerated documents shall include all claims of creditors.

(b) In guardianships or conservatorships, the jurisdictional petition and order for
hearing thereof with proof of service; letters; orders directing and confirming sale,
mortgage, lease or for conveyance of real estate; order for restoration to capacity and order
discharging guardian; and any amendment of the listed documents.

(c) In mental, inebriety, and indigent matters, the jurisdictional petition; report of
examination; warrant of commitment; notice of discharge from institution, or notice of
death and order for restoration to capacity; and any amendment of the listed documents.

(d) Except for the enumerated documents described in this subdivision, the court
administrator may destroy all other original documents in any probate proceeding without
retaining any reproduction of the document. For the purpose of this subdivision, a
proceeding is deemed closed if no document has been filed in the proceeding for a period
of 15 years, except in the cases of wills filed for safekeeping and those containing wills of
decedents not adjudicated upon.

Sec. 35.

Minnesota Statutes 2008, section 549.09, subdivision 1, is amended to read:


Subdivision 1.

When owed; rate.

(a) When a judgment or award is for the recovery
of money, including a judgment for the recovery of taxes, interest from the time of
the verdict, award, or report until judgment is finally entered shall be computed by the
court administrator or arbitrator as provided in paragraph (c) and added to the judgment
or award.

(b) Except as otherwise provided by contract or allowed by law, preverdict,
preaward, or prereport interest on pecuniary damages shall be computed as provided
in paragraph (c) from the time of the commencement of the action or a demand for
arbitration, or the time of a written notice of claim, whichever occurs first, except as
provided herein. The action must be commenced within two years of a written notice of
claim for interest to begin to accrue from the time of the notice of claim. If either party
serves a written offer of settlement, the other party may serve a written acceptance or a
written counteroffer within 30 days. After that time, interest on the judgment or award
shall be calculated by the judge or arbitrator in the following manner. The prevailing
party shall receive interest on any judgment or award from the time of commencement
of the action or a demand for arbitration, or the time of a written notice of claim, or as
to special damages from the time when special damages were incurred, if later, until the
time of verdict, award, or report only if the amount of its offer is closer to the judgment or
award than the amount of the opposing party's offer. If the amount of the losing party's
offer was closer to the judgment or award than the prevailing party's offer, the prevailing
party shall receive interest only on the amount of the settlement offer or the judgment or
award, whichever is less, and only from the time of commencement of the action or a
demand for arbitration, or the time of a written notice of claim, or as to special damages
from when the special damages were incurred, if later, until the time the settlement offer
was made. Subsequent offers and counteroffers supersede the legal effect of earlier offers
and counteroffers. For the purposes of clause (2), the amount of settlement offer must
be allocated between past and future damages in the same proportion as determined by
the trier of fact. Except as otherwise provided by contract or allowed by law, preverdict,
preaward, or prereport interest shall not be awarded on the following:

(1) judgments, awards, or benefits in workers' compensation cases, but not including
third-party actions;

(2) judgments or awards for future damages;

(3) punitive damages, fines, or other damages that are noncompensatory in nature;

(4) judgments or awards not in excess of the amount specified in section 491A.01;
and

(5) that portion of any verdict, award, or report which is founded upon interest, or
costs, disbursements, attorney fees, or other similar items added by the court or arbitrator.

(c)new text begin(1) For a judgment or award of $50,000 or less,new text end the interest shall be computed as
simple interest per annum. The rate of interest shall be based on the secondary market
yield of one year United States Treasury bills, calculated on a bank discount basis as
provided in this section.

On or before the 20th day of December of each year the state court administrator
shall determine the rate from the one-year constant maturity treasury yield for the most
recent calendar month, reported on a monthly basis in the latest statistical release of the
board of governors of the Federal Reserve System. This yield, rounded to the nearest one
percent, or four percent, whichever is greater, shall be the annual interest rate during the
succeeding calendar year. The state court administrator shall communicate the interest
rates to the court administrators and sheriffs for use in computing the interest on verdicts
and shall make the interest rates available to arbitrators.

new text begin (2) For a judgment or award over $50,000, the interest rate shall be ten percent
per year until paid.
new text end

new text begin (3) new text endWhen a judgment creditor, or the judgment creditor's attorney or agent, has
received a payment after entry of judgment, whether the payment is made voluntarily by
or on behalf of the judgment debtor, or is collected by legal process other than execution
levy where a proper return has been filed with the court administrator, the judgment
creditor, or the judgment creditor's attorney, before applying to the court administrator
for an execution shall file with the court administrator an affidavit of partial satisfaction.
The affidavit must state the dates and amounts of payments made upon the judgment after
the most recent affidavit of partial satisfaction filed, if any; the part of each payment that
is applied to taxable disbursements and to accrued interest and to the unpaid principal
balance of the judgment; and the accrued, but the unpaid interest owing, if any, after
application of each payment.

(d) This section does not apply to arbitrations between employers and employees
under chapter 179 or 179A. An arbitrator is neither required to nor prohibited from
awarding interest under chapter 179 or under section 179A.16 for essential employees.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to
judgments and awards finally entered on or after that date.
new text end

Sec. 36.

Minnesota Statutes 2008, section 550.011, is amended to read:


550.011 JUDGMENT DEBTOR DISCLOSURE.

Unless the parties have otherwise agreed, if a judgment has been docketed in
district court for at least 30 days, and the judgment is not satisfied, new text beginthe judgment creditor's
attorney as an officer of the court may or
new text endthe district court in the county in which the
judgment originated shall, upon request of the judgment creditor, order the judgment
debtor to mail by certified mail to the judgment creditor information as to the nature,
amount, identity, and locations of all the debtor's assets, liabilities, and personal earnings.
The information must be provided on a form prescribed by the Supreme Court, and
the information shall be sufficiently detailed to enable the judgment creditor to obtain
satisfaction of the judgment by way of execution on nonexempt assets and earnings of the
judgment debtor. The order must contain a notice that failure to complete the form and
mail it to the judgment creditor within ten days after service of the order may result in a
citation for civil contempt of court. Cash bail posted as a result of being cited for civil
contempt of court order under this section may be ordered payable to the creditor to
satisfy the judgment, either partially or fully.

Sec. 37.

Minnesota Statutes 2008, section 609.035, subdivision 2, is amended to read:


Subd. 2.

Consecutive sentences.

(a) When a person is being sentenced for a
violation of a provision listed in paragraph (e), the court may sentence the person to a
consecutive term of imprisonment for a violation of any other provision listed in paragraph
(e), notwithstanding the fact that the offenses arose out of the same course of conduct,
subject to the limitation on consecutive sentences contained in section 609.15, subdivision
2
, and except as provided in paragraphs (b), (c), and (f) of this subdivision.

(b) When a person is being sentenced for a violation of section 171.09, 171.20,
171.24, or 171.30, the court may not impose a consecutive sentence for another violation
of a provision in chapter 171.

(c) When a person is being sentenced for a violation of section 169.791 or 169.797,
the court may not impose a consecutive sentence for another violation of a provision
of sections 169.79 to 169.7995.

(d) This subdivision does not limit the authority of the court to impose consecutive
sentences for crimes arising on different dates or to impose a consecutive sentence when a
person is being sentenced for a crime and is also in violation of the conditions of a stayed
or otherwise deferred sentence under section 609.135.

(e) This subdivision applies to misdemeanor and gross misdemeanor violations of
the following if the offender has two or more prior impaired driving convictions as defined
in section 169A.03 within the past ten years:

(1) section 169A.20, subdivision 1new text begin, 1a, 1b, or 1c new text end, driving while impaired;

(2) section 169A.20, subdivision 2, test refusal;

(3) section 169.791, failure to provide proof of insurance;

(4) section 169.797, failure to provide vehicle insurance;

(5) section 171.09, violation of condition of restricted license;

(6) section 171.20, subdivision 2, operation after revocation, suspension,
cancellation, or disqualification;

(7) section 171.24, driving without valid license; and

(8) section 171.30, violation of condition of limited license.

(f) When a court is sentencing an offender for a violation of section 169A.20 and a
violation of an offense listed in paragraph (e), and the offender has five or more qualified
prior impaired driving incidents, as defined in section 169A.03, within the past ten years,
the court shall sentence the offender to serve consecutive sentences for the offenses,
notwithstanding the fact that the offenses arose out of the same course of conduct.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, and applies to crimes
committed on or after that date.
new text end

Sec. 38.

new text begin [609.092] JUVENILE PETTY OFFENDERS; USE OF RESTORATIVE
JUSTICE.
new text end

new text begin Subdivision 1. new text end

new text begin First-time juvenile petty offenders; applicability; procedure. new text end

new text begin (a)
This subdivision applies to a child alleged to be a juvenile petty offender who:
new text end

new text begin (1) has not been previously adjudicated delinquent or as a petty offender;
new text end

new text begin (2) has not previously participated in or completed a diversion program for an
offense;
new text end

new text begin (3) has not previously been placed on probation without an adjudication for an
offense or received a continuance under section 260B.198, subdivision 7; and
new text end

new text begin (4) agrees to successfully complete a restorative justice program under this section.
new text end

new text begin (b) Subject to subdivision 6, the prosecutor shall refer a child described in paragraph
(a) to a restorative justice program or provider that has been included on the approved
provider list described in subdivision 4. The program or provider shall arrange an
appropriate outcome for the matter using restorative justice concepts. The program
or provider shall involve the victim of the offense in the proceedings. If the victim
is unwilling or unable to proceed, or if there is no identifiable victim, the program or
provider shall ensure that someone serves as a proxy for the victim. The program or
provider and child, along with other participants, shall agree in writing to an appropriate
sanction for the child. The sanction may include any of the dispositions authorized in
section 260B.235, if appropriate, along with any other sanctions agreed to.
new text end

new text begin Subd. 2. new text end

new text begin Failure to comply. new text end

new text begin If a person fails to comply with the settlement
agreement, the person shall be referred back to the court for further proceedings.
new text end

new text begin Subd. 3. new text end

new text begin Dismissal of charge. new text end

new text begin Upon the successful completion by a person of the
sanctions agreed to in the settlement agreement, the program or provider shall notify the
court and the court shall dismiss the charge against the person.
new text end

new text begin Subd. 4. new text end

new text begin Approved list. new text end

new text begin The prosecutor shall maintain a list of approved restorative
justice programs and providers to which persons may be referred under this section.
new text end

new text begin Subd. 5. new text end

new text begin Preference for culturally specific programs. new text end

new text begin If a restorative justice
program or provider that is tailored in a more culturally specific manner to the person is
on the list of approved providers under subdivision 4, and the prosecutor is referring the
person to a restorative justice program or provider under this section, the prosecutor shall
refer the person to the more appropriate program or provider.
new text end

new text begin Subd. 6. new text end

new text begin Exceptions; availability of programs; diversion alternatives; domestic
abuse.
new text end

new text begin This section applies only in jurisdictions where suitable restorative justice
programs and providers are available and are able to accept the referral. This section does
not apply if a prosecutor has determined that a nonrestorative justice diversion program is
more appropriate for the person. In addition, this section does not apply to cases involving
domestic violence or domestic assault.
new text end

new text begin Subd. 7. new text end

new text begin Definition. new text end

new text begin As used in this section, "restorative justice" has the meaning
given in section 611A.775. The term also includes Native American sentencing circles.
new text end

Sec. 39.

Minnesota Statutes 2008, section 609.10, subdivision 1, is amended to read:


Subdivision 1.

Sentences available.

new text begin(a) new text endUpon conviction of a felony and compliance
with the other provisions of this chapter the court, if it imposes sentence, may sentence
the defendant to the extent authorized by law as follows:

(1) to life imprisonment; or

(2) to imprisonment for a fixed term of years set by the court; or

(3) to both imprisonment for a fixed term of years and payment of a fine; or

(4) to payment of a fine without imprisonment deleted text beginor to imprisonment for a fixed term of
years if the fine is not paid
deleted text endnew text begin or as an intermediate sanction on a stayed sentencenew text end; or

(5) to payment of court-ordered restitution in addition to either imprisonment
or payment of a fine, or both; or

(6) to payment of a local correctional fee as authorized under section 609.102 in
addition to any other sentence imposed by the court.

new text begin (b) If the court imposes a fine or orders restitution under paragraph (a), payment is
due on the date imposed unless the court otherwise establishes a due date or a payment
plan.
new text end

Sec. 40.

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 begindrug abuse resistance educationdeleted text end program
must report receipt and use of money generated under this subdivision deleted text beginas prescribed by
the Drug Abuse Resistance Education Advisory Council
deleted text endnew text begin to the state court administrator
by January 15 of each year. The state court administrator must make this information
available upon request
new 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 beginand
deleted text end

(2) deleted text beginany similardeleted text endnew 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 situationsnew text begin; and
new 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 communitynew text end.

Sec. 41.

Minnesota Statutes 2008, section 609.101, subdivision 4, is amended to read:


Subd. 4.

Minimum fines; other crimes.

Notwithstanding any other law:

(1) when a court sentences a person convicted of a felony that is not listed in
subdivision 2 or 3, 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; and

(2) when a court sentences a person convicted of a gross misdemeanor or
misdemeanor that is not listed in subdivision 2, 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, unless the fine is set at a lower amount on a uniform fine schedule
established by the Judicial Council in consultation with affected state and local agencies.
This schedule shall be promulgated not later than September 1 of each year and shall
become effective on January 1 of the next year unless the legislature, by law, provides
otherwise.

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.

deleted text begin The court shall collect the fines mandated in this subdivision and, except for fines for
traffic and motor vehicle violations governed by section 169.871 and section 299D.03 and
fish and game violations governed by section 97A.065, forward 20 percent of the revenues
to the commissioner of finance for deposit in the general fund.
deleted text end

Sec. 42.

new text begin [609.104] FINE AND SURCHARGE COLLECTION.
new text end

new text begin Subdivision 1. new text end

new text begin Failure to pay restitution or fine. new text end

new text begin (a) Any portion of a fine,
surcharge, court cost, restitution, or fee that the defendant fails to pay by the due date may
be referred for collection under section 480.15, subdivision 10c. If the defendant has
agreed to a payment plan but fails to pay an installment when due, the entire amount
remaining becomes due and payable and may be referred for collection under section
480.15, subdivision 10c.
new text end

new text begin (b) The defendant may contest the referral for collection based on inability to pay by
requesting a hearing no later than the due date. The defendant shall be notified in writing
at sentencing that under section 480.15, subdivision 10c, the court may refer the case for
collection for nonpayment, and collection costs may be added to the amount due. The
defendant shall also be notified in writing of the right to contest a referral for collection.
The state court administrator shall develop the notice language.
new text end

new text begin Subd. 2. new text end

new text begin Fine and surcharge collection. new text end

new text begin (a) A defendant's obligation to pay
court-ordered fines, surcharges, court costs, restitution, and fees shall survive after the due
date for a period set by the Judicial Council.
new text end

new text begin (b) Any change in the collection period established by the Judicial Council shall be
effective on court-ordered fines, surcharges, court costs, restitution, and fees imposed on
or after the effective date of this section.
new text end

new text begin (c) The period relating to a defendant's obligation to pay restitution under paragraph
(a) does not limit the victim's right to collect restitution through other means such as a
civil judgment.
new text end

new text begin (d) Nothing in this subdivision extends the period of a defendant's stay of sentence
imposition or execution.
new text end

Sec. 43.

Minnesota Statutes 2008, section 609.125, subdivision 1, is amended to read:


Subdivision 1.

Sentences available.

new text begin(a) new text endUpon conviction of a misdemeanor or gross
misdemeanor the court, if sentence is imposed, may, to the extent authorized by law,
sentence the defendant:

(1) to imprisonment for a definite term; or

(2) to payment of a finedeleted text begin, or to imprisonment for a specified term if the fine is not paiddeleted text endnew text begin
without imprisonment or as an intermediate sanction on a stayed sentence
new text end; or

(3) to both imprisonment for a definite term and payment of a fine; or

(4) to payment of court-ordered restitution in addition to either imprisonment
or payment of a fine, or both; or

(5) to payment of a local correctional fee as authorized under section 609.102 in
addition to any other sentence imposed by the court; or

(6) to perform work service in a restorative justice program in addition to any other
sentence imposed by the court.

new text begin (b) If the court imposes a fine or orders restitution under paragraph (a), payment is
due on the date imposed unless the court otherwise establishes a due date or a payment
plan.
new text end

Sec. 44.

Minnesota Statutes 2008, section 609.135, subdivision 1, is amended to read:


Subdivision 1.

Terms and conditions.

(a) Except when a sentence of life
imprisonment is required by law, or when a mandatory minimum sentence is required by
section 609.11, any court may stay imposition or execution of sentence and:

(1) may order intermediate sanctions without placing the defendant on probation; or

(2) may place the defendant on probation with or without supervision and on the
terms the court prescribes, including intermediate sanctions when practicable. The court
may order the supervision to be under the probation officer of the court, or, if there is
none and the conviction is for a felony or gross misdemeanor, by the commissioner of
corrections, or in any case by some other suitable and consenting person. Unless the court
directs otherwise, state parole and probation agents and probation officers may impose
community work service or probation violation sanctions, consistent with section 243.05,
subdivision 1
; sections 244.196 to 244.199; or 401.02, subdivision 5.

No intermediate sanction may be ordered performed at a location that fails to
observe applicable requirements or standards of chapter 181A or 182, or any rule
promulgated under them.

(b) For purposes of this subdivision, subdivision 6, and section 609.14, the term
"intermediate sanctions" includes but is not limited to incarceration in a local jail or
workhouse, home detention, electronic monitoring, intensive probation, sentencing to
service, reporting to a day reporting center, chemical dependency or mental health
treatment or counseling, restitution, fines, day-fines, community work service, work
service in a restorative justice program, work in lieu of or to work off fines and, with the
victim's consent, work in lieu of or to work off restitution.

(c) A court may not stay the revocation of the driver's license of a person convicted
of violating the provisions of section 169A.20.

new text begin (d) If the court orders a fine, day-fine, or restitution as an intermediate sanction,
payment is due on the date imposed unless the court otherwise establishes a due date
or a payment plan.
new text end

Sec. 45.

Minnesota Statutes 2008, section 609.135, subdivision 1a, is amended to read:


Subd. 1a.

Failure to pay restitution deleted text beginor finedeleted text end.

If the court orders payment of
restitution deleted text beginor a finedeleted text end as a condition of probation and if the defendant fails to pay the
restitution deleted text beginor a finedeleted text end in accordance with the payment schedule or structure established
by the court or the probation officer, the prosecutor or the defendant's probation officer
may, on the prosecutor's or the officer's own motion or at the request of the victim,
ask the court to hold a hearing to determine whether or not the conditions of probation
should be changed or probation should be revoked. The defendant's probation officer
shall ask for the hearing if the restitution deleted text beginor finedeleted text end ordered has not been paid prior to 60
days before the term of probation expires. The court shall schedule and hold this hearing
and take appropriate action, including action under subdivision 2, paragraph (g), before
the defendant's term of probation expires.

new text begin Nothing in this subdivision limits the court's ability to refer the case to collections
under section 609.104 when a defendant fails to pay court-ordered restitution.
new text end

Sec. 46.

Minnesota Statutes 2008, section 609.135, subdivision 2, is amended to read:


Subd. 2.

Stay of sentence maximum periods.

(a) If the conviction is for a felony
other than section 609.21, subdivision 1a, paragraph (b) or (c), the stay shall be for not
more than four years or the maximum period for which the sentence of imprisonment
might have been imposed, whichever is longer.

(b) If the conviction is for a gross misdemeanor violation of section 169A.20
or 609.21, subdivision 1a, paragraph (d), or for a felony described in section 609.21,
subdivision 1a
, paragraph (b) or (c), the stay shall be for not more than six years. The
court shall provide for unsupervised probation for the last year of the stay unless the court
finds that the defendant needs supervised probation for all or part of the last year.

(c) If the conviction is for a gross misdemeanor not specified in paragraph (b), the
stay shall be for not more than two years.

(d) If the conviction is for any misdemeanor under section 169A.20; 609.746,
subdivision 1
; 609.79; or 617.23; or for a misdemeanor under section 609.2242 or
609.224, subdivision 1, in which the victim of the crime was a family or household
member as defined in section 518B.01, the stay shall be for not more than two years. The
court shall provide for unsupervised probation for the second year of the stay unless the
court finds that the defendant needs supervised probation for all or part of the second year.

(e) If the conviction is for a misdemeanor not specified in paragraph (d), the stay
shall be for not more than one year.

(f) The defendant shall be discharged six months after the term of the stay expires,
unless the stay has been revoked or extended under paragraph (g), or the defendant has
already been discharged.

(g) Notwithstanding the maximum periods specified for stays of sentences under
paragraphs (a) to (f), a court may extend a defendant's term of probation for up to one year
if it finds, at a hearing conducted under subdivision 1a, that:

(1) the defendant has not paid court-ordered restitution deleted text beginor a finedeleted text end in accordance
with the payment schedule or structure; and

(2) the defendant is likely to not pay the restitution deleted text beginor finedeleted text end the defendant owes before
the term of probation expires.

This one-year extension of probation for failure to pay restitution deleted text beginor a finedeleted text end may be
extended by the court for up to one additional year if the court finds, at another hearing
conducted under subdivision 1a, that the defendant still has not paid the court-ordered
restitution deleted text beginor finedeleted text end that the defendant owes.

new text begin Nothing in this subdivision limits the court's ability to refer the case to collections
under section 609.104.
new text end

(h) Notwithstanding the maximum periods specified for stays of sentences under
paragraphs (a) to (f), a court may extend a defendant's term of probation for up to three
years if it finds, at a hearing conducted under subdivision 1c, that:

(1) the defendant has failed to complete court-ordered treatment successfully; and

(2) the defendant is likely not to complete court-ordered treatment before the term of
probation expires.

Sec. 47.

Minnesota Statutes 2008, section 611.17, is amended to read:


611.17 FINANCIAL INQUIRY; STATEMENTS; CO-PAYMENT;
STANDARDS FOR DISTRICT PUBLIC DEFENSE ELIGIBILITY.

(a) Each judicial district must screen requests for representation by the district public
defender. A defendant is financially unable to obtain counsel if:

(1) the defendant, or any dependent of the defendant who resides in the same
household as the defendant, receives means-tested governmental benefits; or

(2) the defendant, through any combination of liquid assets and current income,
would be unable to pay the reasonable costs charged by private counsel in that judicial
district for a defense of the same matter.

(b) Upon a request for the appointment of counsel, the court shall make appropriate
inquiry into the financial circumstances of the applicant, who shall submit a financial
statement under oath or affirmation setting forth the applicant's assets and liabilities,
including the value of any real property owned by the applicant, whether homestead or
otherwise, less the amount of any encumbrances on the real property, the source or sources
of income, and any other information required by the court. The applicant shall be under
a continuing duty while represented by a public defender to disclose any changes in the
applicant's financial circumstances that might be relevant to the applicant's eligibility for a
public defender. The state public defender shall furnish appropriate forms for the financial
statements. The forms must contain conspicuous notice of the applicant's continuing duty
to disclose to the court changes in the applicant's financial circumstances. The forms must
also contain conspicuous notice of the applicant's obligation to make a co-payment for the
services of the district public defender, as specified under paragraph (c). The information
contained in the statement shall be confidential and for the exclusive use of the court
and the public defender appointed by the court to represent the applicant except for any
prosecution under section 609.48. A refusal to execute the financial statement or produce
financial records constitutes a waiver of the right to the appointment of a public defender.
The court shall not appoint a district public defender to a defendant who is financially able
to retain private counsel but refuses to do so.

An inquiry to determine financial eligibility of a defendant for the appointment of
the district public defender shall be made whenever possible prior to the court appearance
and by such persons as the court may direct. This inquiry may be combined with the
prerelease investigation provided for in Minnesota Rule of Criminal Procedure 6.02,
subdivision 3
. In no case shall the district public defender be required to perform this
inquiry or investigate the defendant's assets or eligibility. The court has the sole duty to
conduct a financial inquiry. The inquiry must include the following:

(1) the liquidity of real estate assets, including the defendant's homestead;

(2) any assets that can be readily converted to cash or used to secure a debt;

(3) the determination of whether the transfer of an asset is voidable as a fraudulent
conveyance; and

(4) the value of all property transfers occurring on or after the date of the alleged
offense. The burden is on the accused to show that he or she is financially unable to afford
counsel. Defendants who fail to provide information necessary to determine eligibility
shall be deemed ineligible. The court must not appoint the district public defender as
advisory counsel.

(c) Upon disposition of the case, an individual who has received public defender
services shall pay to the court a deleted text begin$28deleted text endnew text begin $75new text end co-payment for representation provided by a
public defender, unless the co-payment is, or has been, waived by the court.

The co-payment must be credited to the general fund. If a term of probation is
imposed as a part of an offender's sentence, the co-payment required by this section must
not be made a condition of probation. The co-payment required by this section is a civil
obligation and must not be made a condition of a criminal sentence.

Sec. 48.

Minnesota Statutes 2008, section 631.48, is amended to read:


631.48 SENTENCE; COSTS OF PROSECUTION.

In a criminal action, upon conviction of the defendant, the court may order as part of
the sentence that defendant shall pay the whole or any part of the disbursements of the
prosecution, including disbursements made to extradite a defendant. The court may order
this payment in addition to any other penalty authorized by law which it may impose. The
payment of the disbursements of prosecution may be enforced in the same manner as the
sentence, or by execution against property. When collected, the disbursements deleted text beginmust be
paid into the treasury of the county of conviction, but
deleted text endnew text begin of ordered prosecution costs shall be
paid to the municipality or subdivision of government which employed the prosecuting
attorney or otherwise provided for prosecution of the case.
new text end This payment may not interfere
with the payment of officers', witnesses', or jurors' fees.

Sec. 49. new text beginPUBLIC DEFENDER FEE.
new text end

new text begin Subdivision 1. new text end

new text begin Authorization. new text end

new text begin (a) The Supreme Court, through the lawyer
registration office, may assess a public defender fee on each licensed attorney in the
state. If imposed, the fee must not be more than $75 or less than the civil legal services
fee established by the Supreme Court in 1997 that licensed attorneys are required to pay
pursuant to the rules of the supreme court on lawyer registration.
new text end

new text begin (b) The fee described in paragraph (a) may apply only to attorneys actively engaged
in the practice of law.
new text end

new text begin Subd. 2. new text end

new text begin Creation of account. new text end

new text begin The public defender fee account is created in the
special revenue fund. The state court administrator shall forward fees collected under
subdivision 1 to the commissioner of finance who shall deposit them in the state treasury
and credit them to this account. Money in the account is appropriated to the Board
of Public Defense.
new text end

Sec. 50. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2008, section 152.0262, subdivision 2, new text end new text begin is repealed effective
July 1, 2009, and applies to crimes committed on or after that date.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2008, sections 383B.65, subdivision 2; 484.90, subdivisions
1, 2, and 3; 487.08, subdivisions 1, 2, 3, and 5; and 609.135, subdivision 8,
new text end new text begin are repealed.
new text end

ARTICLE 3

PUBLIC SAFETY AND CORRECTIONS

Section 1.

Minnesota Statutes 2008, section 3.195, subdivision 1, is amended to read:


Subdivision 1.

Distribution of reports.

(a) new text beginExcept as provided in subdivision
4,
new text enda report to the legislature required of a department or agency shall be made, unless
otherwise specifically required by law, by filing one copy with the secretary of the senate,
one copy with the chief clerk of the house of representatives, and six copies with the
Legislative Reference Library. The same distribution procedure shall be followed for
other reports and publications unless otherwise requested by a legislator or the Legislative
Reference Library.

(b) A public entity as defined in section 16B.122, shall not distribute a report
or publication to a member or employee of the legislature, except the secretary of the
senate, the chief clerk of the house of representatives, and the Legislative Reference
Library, unless the entity has determined that the member or employee wants the reports
or publications published by that entity or the member or employee has requested the
report or publication. This prohibition applies to both mandatory and voluntary reports
and publications. A report or publication may be summarized in an executive summary
and distributed as the entity chooses. Distribution of a report to legislative committee
or commission members during a committee or commission hearing is not prohibited
by this section.

(c) A report or publication produced by a public entity may not be sent to both the
home address and the office address of a representative or senator unless mailing to both
addresses is requested by the representative or senator.

(d) Reports, publications, periodicals, and summaries under this subdivision must
be printed in a manner consistent with section 16B.122.

Sec. 2.

Minnesota Statutes 2008, section 3.195, is amended by adding a subdivision to
read:


new text begin Subd. 4. new text end

new text begin Reports of criminal justice agencies; electronic versions only. new text end

new text begin (a) As
used in this subdivision, "criminal justice agency" means the Departments of Corrections,
Public Safety, and Human Rights; the Boards of Public Defense, Peace Officer Standards
and Training, Private Detective and Protective Agent Services, and Judicial Standards; the
Sentencing Guidelines and Uniform Laws Commissions; and the courts.
new text end

new text begin (b) A criminal justice agency that submits a report to the legislature under this
section shall do so by submitting an electronic version rather than a printed one.
Notwithstanding subdivision 1, paragraph (a), and section 15.18, the agency need submit
only one electronic copy to the Legislative Reference Library, the State Library, and the
Minnesota Historical Society. In addition, the agency shall submit one printed copy to
the Legislative Reference Library.
new text end

Sec. 3.

Minnesota Statutes 2008, section 152.025, subdivision 1, is amended to read:


Subdivision 1.

Sale crimes.

new text begin(a) new text endA person is guilty of controlled substance crime in
the fifth degreenew text begin and if convicted may be sentenced to imprisonment for not more than five
years or to payment of a fine of not more than $10,000, or both
new text end if:

(1) the person unlawfully sells one or more mixtures containing marijuana or
tetrahydrocannabinols, except a small amount of marijuana for no remuneration; or

(2) the person unlawfully sells one or more mixtures containing a controlled
substance classified in schedule IV.

new text begin (b) Except as provided in paragraph (c), if a person is guilty of controlled substance
crime in the fifth degree and the conviction is a subsequent controlled substance
conviction, the person convicted shall be committed to the commissioner of corrections or
to a local correctional authority for not less than six months nor more than ten years and,
in addition, may be sentenced to payment of a fine of not more than $20,000 if:
new text end

new text begin (1) the person unlawfully sells one or more mixtures containing marijuana or
tetrahydrocannabinols, except a small amount of marijuana for no remuneration; or
new text end

new text begin (2) the person unlawfully sells one or more mixtures containing a controlled
substance classified in schedule IV.
new text end

new text begin (c) Prior to the time of sentencing, the prosecutor may file a motion to have the
person sentenced without regard to the mandatory minimum sentence established by
paragraph (b). The motion must be accompanied by a statement on the record of the
reasons for it. When presented with the motion, or on its own motion, the court may
sentence the person without regard to the mandatory minimum sentence if the court finds,
on the record, substantial and compelling reasons to do so. Sentencing a person in this
manner is a departure from the sentencing guidelines.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2008, section 152.025, subdivision 2, is amended to read:


Subd. 2.

Possession and other crimes.

new text begin(a) new text endA person is guilty of controlled
substance crime in the fifth degreenew text begin and if convicted may be sentenced to imprisonment for
not more than five years or to payment of a fine of not more than $10,000, or both
new text end if:

(1) the person unlawfully possesses one or more mixtures containing a controlled
substance classified in schedule I, II, III, or IV, except a small amount of marijuana; or

(2) the person procures, attempts to procure, possesses, or has control over a
controlled substance by any of the following means:

(i) fraud, deceit, misrepresentation, or subterfuge;

(ii) using a false name or giving false credit; or

(iii) falsely assuming the title of, or falsely representing any person to be, a
manufacturer, wholesaler, pharmacist, physician, doctor of osteopathy licensed to practice
medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of
obtaining a controlled substance.

new text begin (b) Except as provided in paragraph (c), if a person is guilty of controlled substance
crime in the fifth degree and the conviction is a subsequent controlled substance
conviction, the person convicted shall be committed to the commissioner of corrections or
to a local correctional authority for not less than six months nor more than ten years and,
in addition, may be sentenced to payment of a fine of not more than $20,000 if:
new text end

new text begin (1) the person unlawfully possesses one or more mixtures containing a controlled
substance classified in schedule I, II, III, or IV, except a small amount of marijuana; or
new text end

new text begin (2) the person procures, attempts to procure, possesses, or has control over a
controlled substance by any of the following means:
new text end

new text begin (i) fraud, deceit, misrepresentation, or subterfuge;
new text end

new text begin (ii) using a false name or giving false credit; or
new text end

new text begin (iii) falsely assuming the title of, or falsely representing any person to be, a
manufacturer, wholesaler, pharmacist, physician, doctor of osteopathy licensed to practice
medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of
obtaining a controlled substance.
new text end

new text begin (c) Prior to the time of sentencing, the prosecutor may file a motion to have the
person sentenced without regard to the mandatory minimum sentence established by
paragraph (b). The motion must be accompanied by a statement on the record of the
reasons for it. When presented with the motion, or on its own motion, the court may
sentence the person without regard to the mandatory minimum sentence if the court finds,
on the record, substantial and compelling reasons to do so. Sentencing a person in this
manner is a departure from the sentencing guidelines.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, and applies to crimes
committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2008, section 171.29, subdivision 2, is amended to read:


Subd. 2.

Reinstatement fees and surcharges allocated and appropriated.

(a)
An individual whose driver's license has been revoked as provided in subdivision 1,
except under section 169A.52, 169A.54, or 609.21, must pay a $30 fee before the driver's
license is reinstated.

(b) A person whose driver's license has been revoked as provided in subdivision 1
under section 169A.52, 169A.54, or 609.21, must pay a $250 fee plus a $430 surcharge
before the driver's license is reinstated, except as provided in paragraph (f). The $250
fee is to be credited as follows:

(1) Twenty percent must be credited to the driver services operating account in the
special revenue fund as specified in section 299A.705.

(2) Sixty-seven percent must be credited to the general fund.

(3) Eight percent must be credited to a separate account to be known as the Bureau of
Criminal Apprehension account. Money in this account deleted text beginmay bedeleted text endnew text begin is annuallynew text end appropriated
to the commissioner of public safety and the appropriated amount must be apportioned
80 percent for laboratory costs and 20 percent for carrying out the provisions of section
299C.065.

(4) Five percent must be credited to a separate account to be known as the vehicle
forfeiture account, which is created in the special revenue fund. The money in the account
is annually appropriated to the commissioner for costs of handling vehicle forfeitures.

(c) The revenue from $50 of the surcharge must be credited to a separate account
to be known as the traumatic brain injury and spinal cord injury account. The revenue
from $50 of the surcharge on a reinstatement under paragraph (f) is credited from the
first installment payment to the traumatic brain injury and spinal cord injury account.
The money in the account is annually appropriated to the commissioner of health to be
used as follows: 83 percent for contracts with a qualified community-based organization
to provide information, resources, and support to assist persons with traumatic brain
injury and their families to access services, and 17 percent to maintain the traumatic
brain injury and spinal cord injury registry created in section 144.662. For the purposes
of this paragraph, a "qualified community-based organization" is a private, not-for-profit
organization of consumers of traumatic brain injury services and their family members.
The organization must be registered with the United States Internal Revenue Service under
section 501(c)(3) as a tax-exempt organization and must have as its purposes:

(1) the promotion of public, family, survivor, and professional awareness of the
incidence and consequences of traumatic brain injury;

(2) the provision of a network of support for persons with traumatic brain injury,
their families, and friends;

(3) the development and support of programs and services to prevent traumatic
brain injury;

(4) the establishment of education programs for persons with traumatic brain injury;
and

(5) the empowerment of persons with traumatic brain injury through participation
in its governance.

A patient's name, identifying information, or identifiable medical data must not be
disclosed to the organization without the informed voluntary written consent of the patient
or patient's guardian or, if the patient is a minor, of the parent or guardian of the patient.

(d) The remainder of the surcharge must be credited to a separate account to be
known as the remote electronic alcohol-monitoring program account. The commissioner
shall transfer the balance of this account to the commissioner of finance on a monthly
basis for deposit in the general fund.

(e) When these fees are collected by a licensing agent, appointed under section
171.061, a handling charge is imposed in the amount specified under section 171.061,
subdivision 4
. The reinstatement fees and surcharge must be deposited in an approved
depository as directed under section 171.061, subdivision 4.

(f) A person whose driver's license has been revoked as provided in subdivision
1 under section 169A.52 or 169A.54 and who the court certifies as being financially
eligible for a public defender under section 611.17, may choose to pay 50 percent and
an additional $25 of the total amount of the surcharge and 50 percent of the fee required
under paragraph (b) to reinstate the person's driver's license, provided the person meets all
other requirements of reinstatement. If a person chooses to pay 50 percent of the total and
an additional $25, the driver's license must expire after two years. The person must pay an
additional 50 percent less $25 of the total to extend the license for an additional two years,
provided the person is otherwise still eligible for the license. After this final payment of
the surcharge and fee, the license may be renewed on a standard schedule, as provided
under section 171.27. A handling charge may be imposed for each installment payment.
Revenue from the handling charge is credited to the driver services operating account in
the special revenue fund and is appropriated to the commissioner.

(g) Any person making installment payments under paragraph (f), whose driver's
license subsequently expires, or is canceled, revoked, or suspended before payment of
100 percent of the surcharge and fee, must pay the outstanding balance due for the initial
reinstatement before the driver's license is subsequently reinstated. Upon payment of
the outstanding balance due for the initial reinstatement, the person may pay any new
surcharge and fee imposed under paragraph (b) in installment payments as provided
under paragraph (f).

Sec. 6.

Minnesota Statutes 2008, section 241.016, subdivision 1, is amended to read:


Subdivision 1.

Biennial report.

(a) The Department of Corrections shall submit a
performance report to the chairs and ranking minority members of the senate and house of
representatives committees and divisions having jurisdiction over criminal justice funding
by January 15deleted text begin, 2005, and every otherdeleted text endnew text begin of each odd-numberednew text end year deleted text beginthereafterdeleted text end. The issuance
and content of the report must include the following:

(1) department strategic mission, goals, and objectives;

(2) the department-wide per diem, adult facility-specific per diems, and an average
per diem, reported in a standard calculated method as outlined in the departmental policies
and procedures;

(3) department annual statistics as outlined in the departmental policies and
procedures; and

(4) information about prison-based mental health programs, including, but not
limited to, the availability of these programs, participation rates, and completion rates.

(b) The department shall maintain recidivism rates for adult facilities on an annual
basis. In addition, each year the department shall, on an alternating basis, complete a
recidivism analysis of adult facilities, juvenile services, and the community services
divisions and include a three-year recidivism analysis in the report described in paragraph
(a). The recidivism analysis must: (1) assess education programs, vocational programs,
treatment programs, including mental health programs, industry, and employment; and (2)
assess statewide re-entry policies and funding, including postrelease treatment, education,
training, and supervision. In addition, when reporting recidivism for the department's
adult and juvenile facilities, the department shall report on the extent to which offenders it
has assessed as chemically dependent commit new offenses, with separate recidivism rates
reported for persons completing and not completing the department's treatment programs.

new text begin (c) By August 31 of each odd-numbered year, the commissioner must present to the
individuals identified in paragraph (a) a report that lists and describes the performance
measures and targets the department will include in the biennial performance report. The
measures and targets must include a budget target for the next two years and a history of
the department's performance for the previous five years. At a minimum, the report must
include measures and targets for the data and information identified in paragraphs (a) and
(b) regarding per diem, statistics, inmate programming, and recidivism, and the following:
new text end

new text begin (1) average statutory per diem for adult offenders, female offenders, and juvenile
offenders;
new text end

new text begin (2) the Department of Corrections field services;
new text end

new text begin (3) staffing and salaries for both department divisions and institutions;
new text end

new text begin (4) the use of private and local institutions to house persons committed to the
commissioner;
new text end

new text begin (5) the cost of inmate health and dental care;
new text end

new text begin (6) implementation and use of corrections best practices; and
new text end

new text begin (7) the challenge incarceration program.
new text end

Sec. 7.

Minnesota Statutes 2008, section 241.27, subdivision 1a, is amended to read:


Subd. 1a.

Marketing plan.

The commissioner of correctionsdeleted text begin, in consultation with
the commissioner of employment and economic development,
deleted text end shall develop, implement,
and maintain a formal marketing plan to attract private sector businesses and industries
new text begin and state and local government agencies new text endto employ deleted text begininmate servicesdeleted text endnew text begin incarcerated offendersnew text end
through MINNCOR industries. The plan shall be reviewed and updated annually by
the commissioner of corrections.

Sec. 8.

Minnesota Statutes 2008, section 241.27, is amended by adding a subdivision
to read:


new text begin Subd. 6. new text end

new text begin Reports and financial statements. new text end

new text begin MINNCOR shall include its full costs
for inmate wages and the money it receives from the department for inmate confinement
costs in its annual financial statements and reports. In addition, MINNCOR shall disclose
in its annual report how the money it receives from the department for inmate confinement
costs affects its profitability.
new text end

Sec. 9.

Minnesota Statutes 2008, section 241.27, is amended by adding a subdivision
to read:


new text begin Subd. 7. new text end

new text begin Interactions with private businesses. new text end

new text begin (a) MINNCOR shall use revenue
contracts or purchase orders on forms approved by the Department of Administration
whenever it allows private businesses to use inmate labor. MINNCOR shall determine
whether to use a revenue contract or a purchase order according to criteria that the
Department of Corrections has approved having taken into account the recommendations
of the legislative auditor contained in its 2009 report on MINNCOR.
new text end

new text begin (b) MINNCOR shall develop a uniform method to report sales and expenditure data
related to individual labor arrangements with private businesses. MINNCOR shall review
the data annually to assess how the arrangements, both individually and collectively, affect
MINNCOR's achieving its goals of high inmate participation in industry and profitability.
new text end

Sec. 10.

Minnesota Statutes 2008, section 241.27, is amended by adding a subdivision
to read:


new text begin Subd. 8. new text end

new text begin Contracts or purchase orders; work on projects before and after.
new text end

new text begin MINNCOR may not begin work on a project until a contract or purchase order has
been signed and may not continue work on a project after a contract or purchase order
has expired.
new text end

Sec. 11.

Minnesota Statutes 2008, section 244.055, subdivision 11, is amended to read:


Subd. 11.

Sunset.

This section expires July 1, deleted text begin2009deleted text endnew text begin 2011new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 12.

new text begin [244.085] FELONY DWI REPORT.
new text end

new text begin By January 15 of each year, the commissioner shall report to the chairs and
ranking minority members of the house of representatives and senate committees
having jurisdiction over criminal justice policy and funding on the implementation and
effects of the felony level driving while impaired offense. The report must include the
following information on felony level driving while impaired offenses involving offenders
committed to the commissioner's custody:
new text end

new text begin (1) the number of persons committed;
new text end

new text begin (2) the county of conviction;
new text end

new text begin (3) the offenders' ages and gender;
new text end

new text begin (4) the offenders' prior impaired driving histories and prior criminal histories;
new text end

new text begin (5) the number of offenders:
new text end

new text begin (i) given an executed prison sentence upon conviction and the length of the sentence;
new text end

new text begin (ii) given an executed prison sentence upon revocation of probation, the reasons
for revocation, and the length of sentence;
new text end

new text begin (iii) who successfully complete treatment in prison;
new text end

new text begin (iv) placed on intensive supervision following release from incarceration;
new text end

new text begin (v) placed in the challenge incarceration program, the number of offenders released
from prison under this program, and the number of these offenders who violate their
release conditions and the consequences imposed; and
new text end

new text begin (vi) who violate supervised release and the consequences imposed;
new text end

new text begin (6) per diem costs, including treatment costs, for offenders incarcerated under the
felony sentence provisions; and
new text end

new text begin (7) any other information the commissioner deems relevant to estimating future
costs.
new text end

Sec. 13.

Minnesota Statutes 2008, section 244.17, is amended to read:


244.17 CHALLENGE INCARCERATION PROGRAM.

Subdivision 1.

Generally.

The commissioner deleted text beginmaydeleted text endnew text begin shallnew text end select offenders who
meet the eligibility requirements of subdivisions 2 and 3 to participate in a challenge
incarceration program described in sections 244.171 and 244.172 for all or part of the
offender's sentence if the offender agrees to participate in the program and signs a written
contract with the commissioner agreeing to comply with the program's requirements.

Subd. 2.

Eligibility.

new text begin(a) Unless a person is ineligible under subdivision 3, new text endthe
commissioner must deleted text beginlimitdeleted text endnew text begin offer a bed innew text end the challenge incarceration program to the
following persons:

(1) offenders who are committed to the commissioner's custody following revocation
of a stayed sentence; and

(2) offenders who are committed to the commissioner's custody, who have 48
months or less in or remaining in their term of imprisonment, and who did not receive a
dispositional departure under the Sentencing Guidelines.

new text begin (b) If there is insufficient space for an eligible person, the commissioner shall place
the person's name on a waiting list and offer the person the chance to participate when
space becomes available if the person is still eligible under this section.
new text end

Subd. 3.

Offenders not eligible.

new text begin(a)new text end The following offenders are not eligible to be
placed in the challenge incarceration program:

(1) offenders who are committed to the commissioner's custody following a
conviction for murder, manslaughter, criminal sexual conduct, assault, kidnapping,
robbery, arson, or any other offense involving death or intentional personal injury; deleted text beginand
deleted text end

(2) offenders who were convicted within the preceding ten years of an offense
described in clause (1) and were committed to the custody of the commissionerdeleted text begin.deleted text endnew text begin;new text end

new text begin (3) offenders who have been convicted or adjudicated delinquent within the past five
years for a violation of section 609.485;
new text end

new text begin (4) offenders who are committed to the commissioner's custody for an offense that
requires registration under section 243.166;
new text end

new text begin (5) offenders who are the subject of a current arrest warrant or detainer;
new text end

new text begin (6) offenders who have fewer than 180 days remaining until their supervised release
date;
new text end

new text begin (7) offenders who have had disciplinary confinement time added to their sentence or
who have been placed in segregation, unless 90 days have elapsed from the imposition of
the additional disciplinary confinement time or the last day of segregation;
new text end

new text begin (8) offenders who have received a suspended formal disciplinary sanction, unless the
suspension has expired;
new text end

new text begin (9) offenders whose governing sentence is for an offense from another state or the
United States; and
new text end

new text begin (10) offenders who have a medical condition included on the list of ineligible
conditions described in paragraph (b).
new text end

new text begin (b) The commissioner of corrections shall develop a list of medical conditions that
will disqualify an offender from participating in the challenge incarceration program.
The commissioner shall submit the list and any changes to it to the chairs and ranking
minority members of the senate and house committees having jurisdiction over criminal
justice policy and funding.
new text end

Sec. 14.

Minnesota Statutes 2008, section 244.172, subdivision 1, is amended to read:


Subdivision 1.

Phase I.

Phase I of the program lasts at least six months. The
offender must be confined deleted text beginin a state correctional facility designated by the commissionerdeleted text endnew text begin
at the Minnesota Correctional Facility - Willow River/Moose Lake or the Minnesota
Correctional Facility - Togo
new text end and must successfully participate in all intensive treatment,
education and work programs required by the commissioner. The offender must also
submit on demand to random drug and alcohol testing at time intervals set by the
commissioner. Throughout phase I, the commissioner must severely restrict the offender's
telephone and visitor privileges.

Sec. 15.

new text begin [244.30] CAP ON INCARCERATION FOR FIRST-TIME SUPERVISED
RELEASE VIOLATIONS; EXCEPTION FOR SEX OFFENDERS.
new text end

new text begin (a) If the commissioner revokes the supervised release of a person whose release
on the current offense has not previously been revoked, the commissioner may order the
person to be incarcerated for no more than 90 days or until the expiration of the person's
sentence, whichever is less.
new text end

new text begin (b) This section does not apply to offenders on supervised release for a violation of
section 609.342, 609.343, 609.344, 609.345, 609.3451, or 609.3453.
new text end

new text begin (c) The commissioner may order a person described in this section to be incarcerated
for more than 90 days if the commissioner determines that substantial and compelling
reasons exist to believe that the longer incarceration period is necessary to protect the
public.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to persons whose supervised release is revoked on or after that date.
new text end

Sec. 16.

Minnesota Statutes 2008, section 299A.01, subdivision 1a, is amended to read:


Subd. 1a.

Mission; efficiency.

It is part of the department's mission that within the
department's resources the commissioner shall endeavor to:

(1) prevent the waste or unnecessary spending of public money;

(2) use innovative fiscal and human resource practices to manage the state's
resources and operate the department as efficiently as possible;

(3) coordinate the department's activities wherever appropriate with the activities
of other governmental agencies;

(4) use technology where appropriate to increase agency productivity, improve
customer service, increase public access to information about government, and increase
public participation in the business of government;

(5) utilize constructive and cooperative labor-management practices to the extent
otherwise required by chapters 43A and 179A;new text begin and
new text end

deleted text begin (6) report to the legislature on the performance of agency operations and the
accomplishment of agency goals in the agency's biennial budget according to section
16A.10, subdivision 1; and
deleted text end

deleted text begin (7)deleted text endnew text begin (6)new text end recommend to the legislature appropriate changes in law necessary to carry
out the mission and improve the performance of the department.

Sec. 17.

Minnesota Statutes 2008, section 299A.01, is amended by adding a
subdivision to read:


new text begin Subd. 1c. new text end

new text begin Performance report; performance measures and targets. new text end

new text begin (a) The
commissioner, as part of the department's mission and within the department's resources,
shall report to the chairs and ranking minority members of the senate and house of
representatives committees having jurisdiction over criminal justice policy and funding
on the performance of agency operations and the accomplishment of agency goals in the
agency's biennial budget according to paragraph (b) and section 16A.10, subdivision
1. The purpose of the report is to determine the extent to which each program is
accomplishing the program's mission, goals, and objectives.
new text end

new text begin The report may address:
new text end

new text begin (1) factors that limited or delayed achievement of objectives or goals;
new text end

new text begin (2) resources used or saved and efficiencies achieved in reaching program objectives
and goals;
new text end

new text begin (3) information from customers and partners of the agency regarding the quality of
service and effectiveness of the agency and the agency's programs;
new text end

new text begin (4) recommendations on elimination of unnecessary or obsolete mandated reports;
and
new text end

new text begin (5) major cases, events, or circumstances that required an agency response.
new text end

new text begin (b) By August 1 of each odd-numbered year, the commissioner must present to
the individuals identified in paragraph (a) a report that states the mission, goals, and
objectives of each program and lists and describes the performance measures and targets
the department will include in the performance report required under paragraph (a). The
report must include information on how program goals and objectives were created and
who participated in formulating them. The measures and targets must include a history of
the department's performance for the previous five years. At a minimum, the report must
include measures and targets for the following:
new text end

new text begin (1) staffing and salaries for divisions within the agency;
new text end

new text begin (2) caseloads and responsibilities of Bureau of Criminal Apprehension agents;
new text end

new text begin (3) development and funding of the Allied Radio Matrix for Emergency Response
(ARMER);
new text end

new text begin (4) grant programs administered under the Office of Justice Programs and Homeland
Security and Emergency Management;
new text end

new text begin (5) receipt and expenditure of federal grant funds;
new text end

new text begin (6) expenditure of the fire safety insurance surcharge;
new text end

new text begin (7) emergency preparedness;
new text end

new text begin (8) crime lab operations; and
new text end

new text begin (9) assistance provided to crime victims.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2009.
new text end

Sec. 18.

Minnesota Statutes 2008, section 299C.65, subdivision 3a, is amended to read:


Subd. 3a.

Report.

The policy group, with the assistance of the task force, shall file
deleted text begin an annualdeleted text endnew text begin a biennialnew text end report with the governor, Supreme Court, and chairs and ranking
minority members of the senate and house of representatives committees and divisions
with jurisdiction over criminal justice funding and policy by January 15 deleted text beginofdeleted text endnew text begin innew text end eachnew text begin
odd-numbered
new text end year. The report must provide the following:

(1) status and review of current integration efforts and projects;

(2) recommendations concerning any legislative changes or appropriations that
are needed to ensure that the criminal justice information systems operate accurately
and efficiently; and

(3) summary of the activities of the policy group and task force.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 19.

Minnesota Statutes 2008, section 609.105, subdivision 1, is amended to read:


Subdivision 1.

Sentence to deleted text beginless than 180 daysdeleted text endnew text begin more than one yearnew text end.

deleted text beginIndeleted text end A felony
sentence to imprisonmentdeleted text begin, when the remaining term of imprisonment isdeleted text end for deleted text begin180 days
or less, the defendant
deleted text endnew text begin more than one yearnew text end shall deleted text beginbe committeddeleted text endnew text begin commit the defendantnew text end to
the custody of the commissioner of corrections deleted text beginand must serve the remaining term of
imprisonment at a workhouse, work farm, county jail, or other place authorized by law
deleted text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, and applies to offenders
sentenced on or after that date.
new text end

Sec. 20. new text beginREPORT ON MINNCOR MARKETING PLAN.
new text end

new text begin By September 15, 2009, the commissioner of corrections shall report to the chairs
and ranking minority members of the senate and house committees and divisions having
jurisdiction over criminal justice policy and funding on the marketing plan required in
Minnesota Statutes, section 241.27, subdivision 1a.
new text end

Sec. 21. new text beginREVIEW OF REPORTS.
new text end

new text begin The Sentencing Guidelines Commission and the Departments of Corrections
and Public Safety shall each review its reports for consolidation and may consider
consolidating any reports with other reports to achieve administrative convenience or
fiscal savings or to reduce the burden of reporting requirements. The commission and
departments may not eliminate a legislatively mandated reporting requirement without
prior legislative approval.
new text end

Sec. 22. new text beginCOUNTY-BASED REVOCATION CENTER PILOT PROJECT;
REPORT.
new text end

new text begin (a) Dodge, Fillmore, and Olmsted Counties; Tri-County Community Corrections;
Hennepin County; Ramsey County; and any other county or community corrections
department that wishes to participate may develop a proposal for a pilot project for
a secure residential center for the supervision of persons facing revocation of their
supervised release or execution of a stayed prison sentence. The proposal must address the
care, custody, and programming for offenders assigned to the facility as an intermediate
sanction prior to revocation or execution of a stayed prison sentence.
new text end

new text begin (b) The counties must consider the following factors in developing the proposal:
new text end

new text begin (1) type and length of programming for offenders, including supervision, mental
health and chemical dependency treatment options, and educational and employment
readiness opportunities;
new text end

new text begin (2) medical care;
new text end

new text begin (3) the transporting of offenders to and from any facility;
new text end

new text begin (4) detailed current and future costs and per diems associated with the facility;
new text end

new text begin (5) admission and release procedures of the facility;
new text end

new text begin (6) intended outcomes of the pilot project; and
new text end

new text begin (7) other factors deemed appropriate for consideration by the counties.
new text end

new text begin (c) By December 1, 2009, any county that develops a pilot project shall report by
electronic means the pilot project proposal to the chairs and ranking minority members of
the senate and house of representatives committees having jurisdiction over public safety
policy and funding. A written copy must be made available upon request.
new text end

Sec. 23. new text beginCORRECTIONS STRATEGIC MANAGEMENT AND OPERATIONS
ADVISORY TASK FORCE.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; duties. new text end

new text begin A task force is established to advise
the governor and the legislature on management and operations strategies that will
improve efficiency in corrections and reduce the inmate per diem for the Department of
Corrections. The task force must provide an assessment that identifies strategies and
makes recommendations, including any proposals for legislative changes, to improve
efficiency in (1) the delivery of state corrections services; (2) construction, maintenance,
and operation of state prisons; and (3) coordination between state and local corrections
agencies. In developing its assessment, the task force shall consider best practices in
business management; best practices in corrections management and operations; efficiency
concepts in academic, business, or other environments; and how requirements under law
affect corrections efficiency. The assessment provided by the task force should include,
but is not limited to, analysis of the staffing and administration of prisons; central office
and administrative services staffing and operations; the impact of decisions on other
agency budgets; offender treatment and programming; field services; employee pension
plans; housing short-term offenders and probation violators; offender healthcare; juvenile
services; and the conditional release and challenge incarceration programs.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin The advisory task force consists of the following members:
new text end

new text begin (1) the commissioner of corrections, or the commissioner's designee;
new text end

new text begin (2) one person appointed by the governor who serves as a sheriff in this state;
new text end

new text begin (3) three persons appointed by the governor from a postsecondary academic
institution who have expertise in applied economics, organizational efficiency, or business
management;
new text end

new text begin (4) three persons appointed by the governor from the private sector who have
expertise in management or corporate efficiency but would not qualify for membership
under clause (3);
new text end

new text begin (5) one member appointed by the governor who is a community corrections act
department director or a community probation office department director;
new text end

new text begin (6) two persons appointed by the speaker of the house of representatives, one of
whom must be a member of organized labor and possess knowledge of corrections;
new text end

new text begin (7) one person appointed by the minority leader of the house of representatives;
new text end

new text begin (8) two persons appointed by the senate majority leader, one of whom must be a
member of organized labor and possess knowledge of corrections; and
new text end

new text begin (9) one person appointed by the minority leader of the senate.
new text end

new text begin Subd. 3. new text end

new text begin Appointment of members. new text end

new text begin The appointments and designations authorized
by this section must be completed by August 1, 2009.
new text end

new text begin Subd. 4. new text end

new text begin Staffing support. new text end

new text begin Upon request of the task force, the commissioner of
administration must provide meeting space and administrative services. The commissioner
of corrections shall provide information and other assistance as requested by the task force.
new text end

new text begin Subd. 5. new text end

new text begin Administrative provisions. new text end

new text begin (a) The commissioner of corrections, or the
commissioner's designee, must convene the initial meeting of the task force. The members
of the task force must elect a chair or co-chairs at the initial meeting.
new text end

new text begin (b) Public members of the task force serve without compensation or payment of
expenses.
new text end

new text begin (c) The task force may apply for, solicit, and accept gifts and grants and is
encouraged to seek technical assistance from subject matter experts affiliated with the
National Institute of Corrections. Funds received under this paragraph are accepted
on behalf of the state and constitute donations to the state and are appropriated to the
commissioner of administration for purposes of the task force.
new text end

new text begin (d) The task force expires June 30, 2010.
new text end

new text begin Subd. 6. new text end

new text begin Report. new text end

new text begin By February 15, 2010, the task force shall submit a report on
corrections management and operations efficiency strategies to the governor and to
the chairs and ranking minority members of the house of representatives and senate
committees with jurisdiction over public safety policy and finance.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 24. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2008, sections 260B.199, subdivision 2; 260B.201,
subdivision 3; and 325E.22,
new text end new text begin are repealed effective the day following final enactment.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2008, section 152.025, subdivision 3, new text end new text begin is repealed effective
July 1, 2009, and applies to crimes committed on or after that date.
new text end

new text begin (c) new text end new text begin Minnesota Statutes 2008, section 609.105, subdivisions 1a and 1b, new text end new text begin are repealed
effective July 1, 2009, and apply to offenders sentenced on or after that date.
new text end