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SF 802

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:16am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to public safety; appropriating money for public safety, corrections,
and other criminal justice agencies; requiring annual appropriation of money in
Bureau of Criminal Apprehension account to commissioner of public safety;
repealing the mandatory minimum sentences for predatory offender registration
offenses and subsequent controlled substances offenses; providing a 90-day cap
on incarceration for certain first-time supervised release violations; eliminating
the requirement that judges impose a minimum sentence on felony DWI
offenders; requesting the Sentencing Guidelines Commission to rerank the
felony DWI offense; requiring that prisoners serve a minimum of 60 percent of
their prison sentence; providing for supervised release of offenders; expanding
the challenge incarceration program; requiring the Sentencing Guidelines
Commission and the Departments of Corrections and Public Safety to review
its reports; requiring Department of Corrections to annually report on felony
DWI offenders; requiring that reports to the legislature by criminal justice
agencies be submitted electronically; modifying and expanding the conditional
release program for nonviolent drug offenders; including an advisory board
for consultation with the commissioner of corrections for the conditional
release program; repealing the conditional release program's sunset; authorizing
correctional facilities to forward surcharges from offender wages to court or
other entity collecting the surcharge; repealing reports on out-of-state juvenile
placement; implementing the legislative auditor's recommendations relating
to MINNCOR; requiring the licensure of firefighters; expanding the stay of
adjudication provision for low-level controlled substance offenders; imposing
criminal penalties; appropriating money; amending Minnesota Statutes 2008,
sections 3.195, subdivision 1, by adding a subdivision; 152.021, subdivision
3; 152.022, subdivision 3; 152.023, subdivision 3; 152.024, subdivision 3;
152.025, subdivision 3; 152.18, subdivision 1; 169A.275, subdivisions 3, 4,
5; 169A.276, subdivisions 1, 2; 171.29, subdivision 2; 241.27, subdivision
1a, by adding subdivisions; 243.166, subdivision 5; 244.01, subdivision 8;
244.055, subdivisions 2, 3, 5, 7, by adding subdivisions; 244.101, subdivision 1,
by adding a subdivision; 244.14, subdivision 3; 244.17; 244.171, subdivision
4; 244.172, subdivision 1; 299N.02, subdivision 3; 357.021, subdivision 6;
609.105, subdivision 1a; 643.29, subdivision 1; proposing coding for new
law in Minnesota Statutes, chapters 244; 299N; repealing Minnesota Statutes
2008, sections 152.026; 244.055, subdivisions 6, 11; 260B.199, subdivision
2; 260B.201, subdivision 3; 325E.22.

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 505,980,000
new text end
new text begin $
new text end
new text begin 535,988,000
new text end
new text begin $
new text end
new text begin 1,041,968,000
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 Fund
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 Fund
new text end
new text begin 13,818,000
new text end
new text begin 13,818,000
new text end
new text begin 27,636,000
new text end
new text begin Trunk Highway
new text end
new text begin 373,000
new text end
new text begin 373,000
new text end
new text begin 746,000
new text end
new text begin Federal
new text end
new text begin 30,000,000
new text end
new text begin 0
new text end
new text begin 30,000,000
new text end
new text begin Total
new text end
new text begin $
new text end
new text begin 616,813,000
new text end
new text begin $
new text end
new text begin 620,584,000
new text end
new text begin $
new text end
new text begin 1,237,397,000
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 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 155,206,000
new text end
new text begin $
new text end
new text begin 158,969,000
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 79,288,000
new text end
new text begin 79,288,000
new text end
new text begin Special Revenue
new text end
new text begin 8,903,000
new text end
new text begin 8,903,000
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 373,000
new text end
new text begin 373,000
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 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 new text begin Prohibition on Use of Appropriation.new text end No
portion of this appropriation may be used
for: (1) computer, telephone, motor vehicle,
or technology purchases or upgrades, or for
new leases on those items; or (2) out-of-state
travel that is not directly connected with and
necessary to carry out the core functions
of the department. Notwithstanding this
paragraph, an existing lease on an item
described in clause (1) may be renewed.
new text end

new text begin Changes in Personnel Policies. The
commissioner shall consider discontinuing
the practice of entering into agreements with
the Office of the Governor to pay personnel
costs of policy advisors to the governor.
new text end

new text begin Subd. 2. new text end

new text begin Emergency Management
new text end

new text begin 2,413,000
new text end
new text begin 2,413,000
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 2,344,000
new text end
new text begin 2,344,000
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 Subd. 3. new text end

new text begin Criminal Apprehension
new text end

new text begin 41,041,000
new text end
new text begin 41,041,000
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 40,661,000
new text end
new text begin 40,661,000
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 373,000
new text end
new text begin 373,000
new text end

new text begin Subd. 4. new text end

new text begin Fire Marshal
new text end

new text begin 8,500,000
new text end
new text begin 8,500,000
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, $5,732,000 each year is for
activities under Minnesota Statutes, section
299F.012, and $2,768,000 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 2,470,000
new text end
new text begin 2,470,000
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 1,567,000
new text end
new text begin 1,567,000
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 34,812,000
new text end
new text begin 34,812,000
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 34,716,000
new text end
new text begin 34,716,000
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 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 Prorated Base Cut. The commissioner shall
prorate the base cut to the Office of Justice
programs among the various programs and
grants funded by the office based on their
current portion of the office's base budget.
new text end

new text begin 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; and
new text end

new text begin (3) re-entry programs for offenders,
including 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 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 Subd. 7. new text end

new text begin 911 Emergency Communication
Network
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 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 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 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 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 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 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 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

new text begin 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 for fiscal year 2012 shall
be $2,965,000 and for fiscal year 2013 shall
be zero.
new text end

Sec. 4. new text beginPEACE OFFICER STANDARDS AND
TRAINING BOARD (POST)
new text end

new text begin $
new text end
new text begin 4,025,000
new text end
new text begin $
new text end
new text begin 4,025,000
new text end

new text begin Excess Amounts Transferred. This
appropriation is from the peace officer
training account in the special revenue fund.
Any receipts credited to that account in the
first year in excess of $4,025,000 must be
transferred and credited to the general fund.
Any receipts credited to that account in the
second year in excess of $4,025,000 must be
transferred and credited to the general fund.
new text end

new text begin Peace Officer Training Reimbursements.
$2,856,000 each year is for reimbursements
to local governments for peace officer
training costs.
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: (1) computer, telephone, motor vehicle,
or technology purchases or upgrades, or for
new leases on those items; or (2) out-of-state
travel that is not directly connected with and
necessary to carry out the core functions of
the board. Notwithstanding this paragraph,
an existing lease on an item described in
clause (1) may be renewed.
new text end

Sec. 5. 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: (1) computer, telephone, motor vehicle,
or technology purchases or upgrades, or for
new leases on those items; or (2) out-of-state
travel that is not directly connected with and
necessary to carry out the core functions of
the board. Notwithstanding this paragraph,
an existing lease on an item described in
clause (1) may be renewed.
new text end

Sec. 6. new text beginHUMAN RIGHTS
new text end

new text begin $
new text end
new text begin 3,334,000
new text end
new text begin $
new text end
new text begin 3,334,000
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: (1) computer, telephone, motor vehicle,
or technology purchases or upgrades, or for
new leases on those items; or (2) out-of-state
travel that is not directly connected with and
necessary to carry out the core functions
of the department. Notwithstanding this
paragraph, an existing lease on an item
described in clause (1) may be renewed.
new text end

Sec. 7. 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 453,550,000
new text end
new text begin $
new text end
new text begin 453,558,000
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 422,660,000
new text end
new text begin 452,668,000
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 30,000,000
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 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 Staff Consolidation; Changes in Personnel
Policies.
(a) The commissioner shall
consider consolidating staff from correctional
institutions in geographical proximity to
each other to achieve efficiencies and cost
savings. Staff considered for consolidation
must include wardens, deputy wardens, and
human resources, technology, and employee
development personnel.
new text end

new text begin (b) The commissioner shall consider
consolidating the department's human
resources, technology, and employee
development functions in a centralized
location.
new text end

new text begin (c) The commissioner shall consider
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 (d) The commissioner shall consider
discontinuing the practice of entering into
agreements with the Office of the Governor
to pay personnel costs of policy advisors to
the governor.
new text end

new text begin Prohibition on Use of Appropriation. No
portion of this appropriation may be used
for: (1) computer, telephone, motor vehicle,
or technology purchases or upgrades, or for
new leases on those items; or (2) out-of-state
travel that is not directly connected with and
necessary to carry out the core functions
of the department. Notwithstanding this
paragraph, an existing lease on an item
described in clause (1) may be renewed.
new text end

new text begin 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 Subd. 2. new text end

new text begin Correctional Institutions
new text end

new text begin 323,747,000
new text end
new text begin 323,755,000
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 293,167,000
new text end
new text begin 323,175,000
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 30,000,000
new text end
new text begin 0
new text end

new text begin Federal Stimulus Money. $30,000,000
the first year is from the fiscal stabilization
account in the federal fund. This is a onetime
appropriation. The general fund base for this
program is $311,463,000 in fiscal year 2012
and $315,962,000 in fiscal year 2013.
new text end

new text begin Transfer. Notwithstanding Minnesota
Statutes, section 241.27, the commissioner of
finance shall transfer $1,000,000 each year in
fiscal year 2010 and fiscal year 2011 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 107,984,000
new text end
new text begin 107,984,000
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 107,884,000
new text end
new text begin 107,884,000
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 Short-Term Offenders. $1,607,000 each
year is for the costs associated with the
housing and care of short-term offenders.
The commissioner may use up to 20 percent
of the total amount of the appropriation
for inpatient medical care for short-term
offenders. The amount remaining at the end
of the fiscal year not expended for inpatient
medical care must be added to and distributed
with the housing money. The housing money
must be distributed proportionately based on
the total number of days short-term offenders
are placed locally, not to exceed $55 per day.
new text end

new text begin The commissioner of corrections is exempt
from the state contracting process for the
purposes of paying short-term offender
costs relating to Minnesota Statutes, section
609.105.
new text end

new text begin Prorated Base Cut. The commissioner
shall prorate the general fund base reduction
of $14,320,000 to community services
among the Community Corrections Act
subsidy, county probation reimbursements,
and Department of Corrections supervision
services based on their current portion of the
division's base budget.
new text end

new text begin Subd. 4. new text end

new text begin Operations Support
new text end

new text begin 21,819,000
new text end
new text begin 21,819,000
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 21,609,000
new text end
new text begin 21,609,000
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. 8. new text beginSENTENCING GUIDELINES
new text end

new text begin $
new text end
new text begin 575,000
new text end
new text begin $
new text end
new text begin 575,000
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: (1) computer, telephone, motor vehicle,
or technology purchases or upgrades, or for
new leases on those items; or (2) out-of-state
travel that is not directly connected with and
necessary to carry out the core functions
of the commission. Notwithstanding this
paragraph, an existing lease on an item
described in clause (1) may be renewed.
new text end

Sec. 9.

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).

ARTICLE 2

REPEAL OF CERTAIN MANDATORY SENTENCING PROVISIONS;

SUPERVISED RELEASE CHANGES

Section 1.

Minnesota Statutes 2008, section 152.021, subdivision 3, is amended to read:


Subd. 3.

Penalty.

(a) A person convicted under subdivisions 1 to 2a, paragraph (a),
may be sentenced to imprisonment for not more than 30 years or to payment of a fine of
not more than $1,000,000, or both.

(b)deleted text begin If the conviction is a subsequent controlled substance conviction, a person
convicted under subdivisions 1 to 2a, paragraph (a), shall be committed to the
commissioner of corrections for not less than four years nor more than 40 years and, in
addition, may be sentenced to payment of a fine of not more than $1,000,000.
deleted text end

deleted text begin (c)deleted text end In a prosecution under subdivision 1 involving sales by the same person in two or
more counties within a 90-day period, the person may be prosecuted for all of the sales in
any county in which one of the sales occurred.

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2008, section 152.022, subdivision 3, is amended to read:


Subd. 3.

Penalty.

(a) A person convicted under subdivision 1 or 2 may be sentenced
to imprisonment for not more than 25 years or to payment of a fine of not more than
$500,000, or both.

(b)deleted text begin If the conviction is a subsequent controlled substance conviction, a person
convicted under subdivision 1 or 2 shall be committed to the commissioner of corrections
for not less than three years nor more than 40 years and, in addition, may be sentenced to
payment of a fine of not more than $500,000.
deleted text end

deleted text begin (c)deleted text end In a prosecution under subdivision 1 involving sales by the same person in two or
more counties within a 90-day period, the person may be prosecuted for all of the sales in
any county in which one of the sales occurred.

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

Minnesota Statutes 2008, section 152.023, subdivision 3, is amended to read:


Subd. 3.

Penalty.

(a) A person convicted under subdivision 1 or 2 may be sentenced
to imprisonment for not more than 20 years or to payment of a fine of not more than
$250,000, or both.

(b)deleted text begin If the conviction is a subsequent controlled substance conviction, a person
convicted under subdivision 1 or 2 shall be committed to the commissioner of corrections
for not less than two years nor more than 30 years and, in addition, may be sentenced to
payment of a fine of not more than $250,000.
deleted text end

deleted text begin (c)deleted text end In a prosecution under subdivision 1 or 2 involving sales or acts of possession
by the same person in two or more counties within a 90-day period, the person may be
prosecuted in any county in which one of the sales or acts of possession occurred.

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

Minnesota Statutes 2008, section 152.024, subdivision 3, is amended to read:


Subd. 3.

Penalty.

deleted text begin(a)deleted text end A person convicted under subdivision 1 or 2 may be sentenced
to imprisonment for not more than 15 years or to payment of a fine of not more than
$100,000, or both.

deleted text begin (b) If the conviction is a subsequent controlled substance conviction, a person
convicted under subdivision 1 or 2 shall be committed to the commissioner of corrections
or to a local correctional authority for not less than one year nor more than 30 years and,
in addition, may be sentenced to payment of a fine of not more than $100,000.
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. 5.

Minnesota Statutes 2008, section 152.025, subdivision 3, is amended to read:


Subd. 3.

Penalty.

deleted text begin(a)deleted text end A person convicted under subdivision 1 or 2 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.

deleted text begin (b) If the conviction is a subsequent controlled substance conviction, a person
convicted under subdivision 1 or 2 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.
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. 6.

Minnesota Statutes 2008, section 152.18, subdivision 1, is amended to read:


Subdivision 1.

Deferring prosecution for certain first time drug offenders.

If
any person who has not previously participated in or completed a diversion program
authorized under section 401.065 or who has not previously been placed on probation
without a judgment of guilty and thereafter been discharged from probation under
this section is found guilty of a violation of section 152.024, subdivision 2, 152.025,
subdivision 2
, or 152.027, subdivision 2, 3, or 4, for possession of a controlled substance,
after trial or upon a plea of guilty, and the court determines that the violation does not
qualify as a subsequent controlled substance conviction under section 152.01, subdivision
16a
, the court deleted text beginmaydeleted text endnew text begin shallnew text end, without entering a judgment of guilty and with the consent of
the person, new text begineither (1) new text endnew text begin new text enddefer further proceedings and place the person on probation upon
such reasonable conditions as it may require and for a period, not to exceed the maximum
sentence provided for the violationdeleted text begin. The courtdeleted text end new text beginor (2) enter a written finding that states
substantial and compelling reasons why a deferral is inappropriate. For any other person
who is found guilty of a violation of section 152.024, subdivision 2; 152.025, subdivision
2; or 152.027, subdivision 2, 3, or 4, for possession of a controlled substance, after trial
or upon a plea of guilty, and the court determines that the violation does not qualify as a
subsequent controlled substance conviction under section 152.01, subdivision 16a, the
court may, without entering a judgment of guilty and with the consent of the person, defer
further proceedings and place the person on probation upon such reasonable conditions
as it may require and for a period not to exceed the maximum sentence provided for the
violation. If the court grants a deferral, it
new text endmay give the person the opportunity to attend
and participate in an appropriate program of education regarding the nature and effects of
alcohol and drug abuse as a stipulation of probation. Upon violation of a condition of the
probation, the court may enter an adjudication of guilt and proceed as otherwise provided.
The court may, in its discretion, dismiss the proceedings against the person and discharge
the person from probation before the expiration of the maximum period prescribed for the
person's probation. If during the period of probation the person does not violate any of the
conditions of the probation, then upon expiration of the period the court shall discharge the
person and dismiss the proceedings against that person. Discharge and dismissal under this
subdivision shall be without court adjudication of guilt, but a not public record of it shall
be retained by the Bureau of Criminal Apprehension for the purpose of use by the courts
in determining the merits of subsequent proceedings against the person. The not public
record may also be opened only upon court order for purposes of a criminal investigation,
prosecution, or sentencing. Upon request by law enforcement, prosecution, or corrections
authorities, the bureau shall notify the requesting party of the existence of the not public
record and the right to seek a court order to open it pursuant to this section. The court shall
forward a record of any discharge and dismissal under this subdivision to the bureau which
shall make and maintain the not public record of it as provided under this subdivision. The
discharge or dismissal shall not be deemed a conviction for purposes of disqualifications
or disabilities imposed by law upon conviction of a crime or for any other purpose.

For purposes of this subdivision, "not public" has the meaning given in section
13.02, subdivision 8a.

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. 7.

Minnesota Statutes 2008, section 169A.275, subdivision 3, is amended to read:


Subd. 3.

Fourth offense.

(a) Unless the court commits the person to the custody of
the commissioner of corrections deleted text beginas provided in section 169A.276 (mandatory penalties;
felony violations)
deleted text end, the court shall sentence a person who is convicted of a violation of
section 169A.20 (driving while impaired) within ten years of the first of three qualified
prior impaired driving incidents to either:

(1) a minimum of 180 days of incarceration, at least 30 days of which must be served
consecutively in a local correctional facility;

(2) a program of intensive supervision of the type described in section 169A.74
(pilot programs of intensive probation for repeat DWI offenders) that requires the person
to consecutively serve at least six days in a local correctional facility; or

(3) a program of staggered sentencing involving a minimum of 180 days of
incarceration, at least 30 days of which must be served consecutively in a local
correctional facility.

(b) The court may order that the person serve not more than 150 days of the
minimum penalty under paragraph (a), clause (1), on home detention or in an intensive
probation program described in section 169A.74. Notwithstanding section 609.135, the
penalties in this subdivision must be imposed and executed.

new text begin EFFECTIVE DATE. new text end

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

Sec. 8.

Minnesota Statutes 2008, section 169A.275, subdivision 4, is amended to read:


Subd. 4.

Fifth offense or more.

(a) Unless the court commits the person to the
custody of the commissioner of corrections deleted text beginas provided in section 169A.276 (mandatory
penalties; felony violations)
deleted text end, the court shall sentence a person who is convicted of a
violation of section 169A.20 (driving while impaired) within ten years of the first of four
or more qualified prior impaired driving incidents to either:

(1) a minimum of one year of incarceration, at least 60 days of which must be served
consecutively in a local correctional facility;

(2) a program of intensive supervision of the type described in section 169A.74
(pilot programs of intensive probation for repeat DWI offenders) that requires the person
to consecutively serve at least six days in a local correctional facility; or

(3) a program of staggered sentencing involving a minimum of one year of
incarceration, at least 60 days of which must be served consecutively in a local
correctional facility.

(b) The court may order that the person serve the remainder of the minimum penalty
under paragraph (a), clause (1), on intensive probation using an electronic monitoring
system or, if such a system is unavailable, on home detention. Notwithstanding section
609.135, the penalties in this subdivision must be imposed and executed.

new text begin EFFECTIVE DATE. new text end

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

Sec. 9.

Minnesota Statutes 2008, section 169A.275, subdivision 5, is amended to read:


Subd. 5.

Level of care recommended in chemical use assessment.

Unless the
court commits the person to the custody of the commissioner of corrections deleted text beginas provided in
section 169A.276 (mandatory penalties; felony violations)
deleted text end, in addition to other penalties
required under this section, the court shall order a person to submit to the level of care
recommended in the chemical use assessment conducted under section 169A.70 (alcohol
safety program; chemical use assessments) if the person is convicted of violating section
169A.20 (driving while impaired) while having an alcohol concentration of 0.20 or more
as measured at the time, or within two hours of the time, of the offense or if the violation
occurs within ten years of one or more qualified prior impaired driving incidents.

new text begin EFFECTIVE DATE. new text end

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

Sec. 10.

Minnesota Statutes 2008, section 169A.276, subdivision 1, is amended to read:


Subdivision 1.

Mandatory deleted text beginprison sentencedeleted text endnew text begin conditional release periodnew text end.

deleted text begin (a) The
court shall sentence a person who is convicted of a violation of section 169A.20 (driving
while impaired) under the circumstances described in section 169A.24 (first-degree
driving while impaired) to imprisonment for not less than three years. In addition, the
court may order the person to pay a fine of not more than $14,000.
deleted text end

deleted text begin (b) The court may stay execution of this mandatory sentence as provided in
subdivision 2 (stay of mandatory sentence), but may not stay imposition or adjudication of
the sentence or impose a sentence that has a duration of less than three years.
deleted text end

deleted text begin (c) An offender committed to the custody of the commissioner of corrections
under this subdivision is not eligible for release as provided in section 241.26, 244.065,
244.12, or 244.17, unless the offender has successfully completed a chemical dependency
treatment program while in prison.
deleted text end

deleted text begin (d)deleted text end new text begin(a) new text endNotwithstanding the statutory maximum sentence provided in section
169A.24 (first-degree driving while impaired), when the court commits a person to the
custody of the commissioner of corrections deleted text beginunder this subdivisiondeleted text end, it shall provide that
after the person has been released from prison the commissioner shall place the person
on conditional release for five years. The commissioner shall impose any conditions of
release that the commissioner deems appropriate including, but not limited to, successful
completion of an intensive probation program as described in section 169A.74 (pilot
programs of intensive probation for repeat DWI offenders). If the person fails to comply
with any condition of release, the commissioner may revoke the person's conditional
release and order the person to serve all or part of the remaining portion of the conditional
release term in prison. The commissioner may not dismiss the person from supervision
before the conditional release term expires. Except as otherwise provided in this section,
conditional release is governed by provisions relating to supervised release. The failure
of a court to direct the commissioner of corrections to place the person on conditional
release, as required in this paragraph, does not affect the applicability of the conditional
release provisions to the person.

deleted text begin (e)deleted text end new text begin(b) new text endThe commissioner shall require persons placed on supervised or conditional
release under this subdivision to pay as much of the costs of the supervision as possible.
The commissioner shall develop appropriate standards for this.

new text begin EFFECTIVE DATE. new text end

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

Sec. 11.

Minnesota Statutes 2008, section 169A.276, subdivision 2, is amended to read:


Subd. 2.

Stay of mandatory sentence.

The provisions of sections 169A.275
(mandatory penalties; nonfelony violations), subdivision 3 or 4, and subdivision 5, and
169A.283 (stay of execution of sentence), apply if the court stays execution of deleted text beginthedeleted text end new text begina felony
DWI offender's
new text endsentence deleted text beginunder subdivision 1 (mandatory prison sentence)deleted text end. In addition,
the provisions of section 169A.277 (long-term monitoring) may apply.

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.

Minnesota Statutes 2008, section 243.166, subdivision 5, is amended to read:


Subd. 5.

Criminal penalty.

deleted text begin(a)deleted text end A person required to register under this section who
knowingly violates any of its provisions or intentionally provides false information to a
corrections agent, law enforcement authority, or the bureau is guilty of a felony and 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.

deleted text begin (b) Except as provided in paragraph (c), a person convicted of violating paragraph
(a) shall be committed to the custody of the commissioner of corrections for not less than
a year and a day, nor more than five years.
deleted text end

deleted text begin (c) A person convicted of violating paragraph (a), who has previously been convicted
of or adjudicated delinquent for violating this section or a similar statute of another state
or the United States, shall be committed to the custody of the commissioner of corrections
for not less than two years, nor more than five years.
deleted text end

deleted text begin (d) 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 this
subdivision. 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 substantial
and compelling reasons to do so. Sentencing a person in the manner described in this
paragraph is a departure from the Sentencing Guidelines.
deleted text end

deleted text begin (e) A person convicted and sentenced as required by this subdivision is not
eligible for probation, parole, discharge, work release, conditional release, or supervised
release, until that person has served the full term of imprisonment as provided by law,
notwithstanding the provisions of sections 241.26, 242.19, 243.05, 244.04, 609.12, and
609.135.
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. 13.

Minnesota Statutes 2008, section 244.01, subdivision 8, is amended to read:


Subd. 8.

Term of imprisonment.

"Term of imprisonment," as applied to inmates
whose crimes were committed before August 1, 1993, is the period of time for which an
inmate is committed to the custody of the commissioner of corrections minus earned good
time. "Term of imprisonment," as applied to inmates whose crimes were committed on or
after August 1, 1993, new text beginbut before July 1, 2009, new text endis the period of time equal to two-thirds of
the inmate's executed sentence.new text begin "Term of imprisonment," as applied to inmates whose
crimes were committed on or after July 1, 2009, is the period of time equal to 60 percent
of the inmate's executed sentence.
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. 14.

Minnesota Statutes 2008, section 244.101, subdivision 1, is amended to read:


Subdivision 1.

Executed sentences.

When a felony offender is sentenced to a
fixed executed sentence for an offense committed on or after August 1, 1993, new text beginbut before
July 1, 2009,
new text endthe executed sentence consists of two parts: (1) a specified minimum term
of imprisonment that is equal to two-thirds of the executed sentence; and (2) a specified
maximum supervised release term that is equal to one-third of the executed sentence. The
amount of time the inmate actually serves in prison and on supervised release is subject to
the provisions of section 244.05, subdivision 1b.

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 244.101, is amended by adding a subdivision
to read:


new text begin Subd. 1a. new text end

new text begin Executed sentences, crimes committed on or after July 1, 2009. new text end

new text begin When
a felony offender is sentenced to a fixed executed sentence for an offense committed on or
after July 1, 2009, the executed sentence consists of two parts: (1) a specified minimum
term of imprisonment that is equal to 60 percent of the executed sentence; and (2) a
specified maximum supervised release term that is equal to 40 percent of the executed
sentence. The amount of time the inmate actually serves in prison and on supervised
release is subject to the provisions of section 244.05, subdivision 1b.
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. 16.

Minnesota Statutes 2008, section 244.14, subdivision 3, is amended to read:


Subd. 3.

Sanctions.

The commissioner shall impose severe and meaningful
sanctions for violating the conditions of an intensive community supervision program.
The commissioner shall provide for revocation of intensive community supervision of an
offender who:

(1) commits a material violation of or repeatedly fails to follow the rules of the
program;

(2) commits any misdemeanor, gross misdemeanor, or felony offense; or

(3) presents a risk to the public, based on the offender's behavior, attitude, or abuse
of alcohol or controlled substances. The revocation of intensive community supervision is
governed by the procedures in the commissioner's rules adopted under section 244.05,
subdivision 2
.

An offender whose intensive community supervision is revoked shall be imprisoned
for a time period equal to the offender's term of imprisonment, but in no case for longer
than the time remaining in the offender's sentence. "Term of imprisonment" means a
time period equal to deleted text begintwo-thirdsdeleted text end new text begin60 percent new text endof the sentence originally executed by the
sentencing court, minus jail credit, if any.

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 244.171, subdivision 4, is amended to read:


Subd. 4.

Sanctions.

The commissioner shall impose severe and meaningful
sanctions for violating the conditions of the challenge incarceration program. The
commissioner shall remove an offender from the challenge incarceration program if the
offender:

(1) commits a material violation of or repeatedly fails to follow the rules of the
program;

(2) commits any misdemeanor, gross misdemeanor, or felony offense; or

(3) presents a risk to the public, based on the offender's behavior, attitude, or abuse
of alcohol or controlled substances. The removal of an offender from the challenge
incarceration program is governed by the procedures in the commissioner's rules adopted
under section 244.05, subdivision 2.

An offender who is removed from the challenge incarceration program shall be
imprisoned for a time period equal to the offender's term of imprisonment, minus earned
good time if any, but in no case for longer than the time remaining in the offender's
sentence. "Term of imprisonment" means a time period equal to deleted text begintwo-thirdsdeleted text end new text begin60 percent new text endof
the sentence originally executed by the sentencing court, minus jail credit, if any.

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. 18.

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 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 1a, is amended to read:


Subd. 1a.

Definitions.

(a) The terms in this subdivision apply to this section.

(b) "Remaining term of imprisonment" as applied to inmates whose crimes were
committed before August 1, 1993, is the period of time for which an inmate is committed
to the custody of the commissioner of corrections minus earned good time and jail credit,
if any.

(c) "Remaining term of imprisonment" as applied to inmates whose crimes were
committed on or after August 1, 1993, new text beginbut before July 1, 2009,new text end is the period of time equal
to two-thirds of the inmate's executed sentence, minus jail credit, if any.

new text begin (d) "Remaining term of imprisonment" as applied to inmates whose crimes were
committed on or after July 1, 2009, is the period of time equal to 60 percent of the inmate's
executed sentence, minus jail credit, if any.
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. 20.

Minnesota Statutes 2008, section 643.29, subdivision 1, is amended to read:


Subdivision 1.

"Good conduct" allowance.

Any person sentenced for a term
to any county jail, workhouse, or correctional work farm, whether the term is part of
an executed sentence or is imposed as a condition of probation, shall, when sentenced
to serve ten days or more, diminish the term of the sentence deleted text beginone daydeleted text end new text begintwo days new text endfor each
deleted text begin twodeleted text end new text beginthree new text enddays served, commencing on the day of arrival, during which the person has
not violated any rule or discipline of the place wherein the person is incarcerated and, if
required to labor, has labored with diligence and fidelity.

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. 21. new text beginRERANKING OF FELONY DWI.
new text end

new text begin The Minnesota Sentencing Guidelines Commission shall consider reranking
violations of Minnesota Statutes, section 169A.24 (felony DWI) at severity level V or VI.
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. 22. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, section 152.026, new text end new text begin is repealed.
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

ARTICLE 3

CHANGES TO CHALLENGE INCARCERATION AND CONDITIONAL
RELEASE FOR NONVIOLENT OFFENDER PROGRAMS; MINNCOR;

FIREFIGHTER LICENSING; REPORTING CHANGES

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 241.27, subdivision 1a, is amended to read:


Subd. 1a.

Marketing plan.

The commissioner of corrections, in consultation with
the commissioner of employment and economic development, 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 inmate services through MINNCOR
industries. The plan shall be reviewed and updated annually by the commissioner of
corrections.

Sec. 4.

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. 5.

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, not purchase orders, whenever it allows private businesses to use inmate labor.
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. 6.

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; work on projects before and after. new text end

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

Sec. 7.

Minnesota Statutes 2008, section 244.055, subdivision 2, is amended to read:


Subd. 2.

Conditional release of certain nonviolent deleted text begincontrolled substancedeleted text end
offenders.

An offender who has been committed to the commissioner's custody may
petition the commissioner for conditional release from prison before the offender's
scheduled supervised release date or target release date if:

(1) the offender is serving a sentence for violating section 152.021, subdivision 2
or 2a; 152.022deleted text begin, subdivision 2deleted text end; 152.023; 152.024; or 152.025new text begin, or serving a sentence for a
nonviolent nondrug offense
new text end;

(2) the offender committed the crime as a result of a controlled substance addictiondeleted text begin,
and not primarily for profit
deleted text end;

(3) the offender has served at least 36 months or one-half of the offender's term of
imprisonment, whichever is less;

(4) the offender successfully completed a chemical dependency treatment program
of the type described in this section while in prison;

(5) the offender has not previously been conditionally released under this section; and

(6) the offender has not within the past ten years been convicted or adjudicated
delinquent for a violent crime as defined in section 609.1095 other than the current
conviction for the controlled substance offensenew text begin or nonviolent nondrug offensenew text end.

Sec. 8.

Minnesota Statutes 2008, section 244.055, subdivision 3, is amended to read:


Subd. 3.

Offer of chemical dependency treatment.

The commissioner shall offer
all offenders meeting the criteria described in subdivision 2, clauses (1), (2), (5), and (6),
the opportunity to begin a suitable chemical dependency treatment program of the type
described in this section within 160 days after the offender's term of imprisonment begins
or as soon after 160 days as possible.new text begin In making the determination under subdivision
2, clause (2), that the offender has a controlled substance addiction, the commissioner
shall consider the chemical dependency assessment completed at intake. In making
a determination that an offender is suitable for early release under this section, the
commissioner shall consider validated risk assessment tools such as the Level of Service
Inventory-Revised (LSI-R).
new text end

Sec. 9.

Minnesota Statutes 2008, section 244.055, subdivision 5, is amended to read:


Subd. 5.

Additional requirements.

To be eligible for release under this section,
an offender shall sign a written contract with the commissioner agreeing to comply with
the requirements of this section and the conditions imposed by the commissioner. deleted text beginIn
addition to other items, the contract must specifically refer to the term of imprisonment
extension in subdivision 6.
deleted text end In addition, the offender shall agree to submit to random drug
and alcohol tests and electronic or home monitoring as determined by the commissioner or
the offender's supervising agent. The commissioner may impose additional requirements
on the offender that are necessary to carry out the goals of this section.

Sec. 10.

Minnesota Statutes 2008, section 244.055, subdivision 7, is amended to read:


Subd. 7.

Release procedures.

new text beginAfter consulting with the panel of judges created
under subdivision 7a,
new text endthe commissioner may deny conditional release to an offender under
this section if the commissioner determines that the offender's release may reasonably pose
a danger to the public or an individual. In making this determination, the commissioner
shall follow the procedures contained in section 244.05, subdivision 5, and the rules
adopted by the commissioner under that subdivision. The commissioner shall consider
whether the offender was involved in criminal gang activity during the offender's prison
term. The commissioner shall also consider the offender's custody classification and
level of risk of violence and the availability of appropriate community supervision for
the offender. Conditional release granted under this section continues until the offender's
sentence expires, unless release is rescinded under subdivision 8. The commissioner
may not grant conditional release unless a release plan is in place for the offender that
addresses, at a minimum, plans for aftercare, community-based chemical dependency
treatment, gaining employment, and securing housing.

Sec. 11.

Minnesota Statutes 2008, section 244.055, is amended by adding a subdivision
to read:


new text begin Subd. 7a. new text end

new text begin Panel of judges. new text end

new text begin The Chief Justice of the Supreme Court shall appoint
three retired judges to advise the commissioner of corrections on eligibility decisions
made under this section. The Chief Justice shall determine the pay and expenses to be
received by the panel. These costs must be paid by the commissioner of corrections.
new text end

Sec. 12.

Minnesota Statutes 2008, section 244.055, is amended by adding a subdivision
to read:


new text begin Subd. 10a. new text end

new text begin Savings used for drug treatment. new text end

new text begin The commissioner shall use any
savings realized from the early release of offenders under this section for chemical
dependency treatment programs in state correctional facilities.
new text end

Sec. 13.

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. 14.

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.
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. 15.

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. 16.

Minnesota Statutes 2008, section 299N.02, subdivision 3, is amended to read:


Subd. 3.

Powers and duties.

(a) The board shall:

(1) review fire service training needs and make recommendations on training to
Minnesota fire service organizations;

(2) establish standards for educational programs for the fire service and develop
procedures for continuing oversight of the programs; deleted text beginand
deleted text end

(3) establish qualifications for fire service training instructors in programs
established under clause (2)new text begin; and
new text end

new text begin (4) license full-time firefighters and volunteer firefighters under this chapternew text end.

(b) The board may:

(1) hire or contract for technical or professional services according to section 15.061;

(2) pay expenses necessary to carry out its duties;

(3) apply for, receive, and accept grants, gifts, devises, and endowments that any
entity may make to the board for the purposes of this chapter and may use any money
given to it consistent with the terms and conditions under which the money was received
and for the purposes stated;

(4) make recommendations to the legislature to improve the quality of firefighter
training;

(5) collect and provide data, subject to section 13.03;

(6) conduct studies and surveys and make reports; and

(7) conduct other activities necessary to carry out its duties.

Sec. 17.

new text begin [299N.03] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin The terms used in sections 299N.04 and 299N.05 have the
meanings given them in this section.
new text end

new text begin Subd. 2. new text end

new text begin Board. new text end

new text begin "Board" means the Board of Firefighter Training and Education
established under section 299N.02.
new text end

new text begin Subd. 3. new text end

new text begin Chief firefighting officer. new text end

new text begin "Chief firefighting officer" means the highest
ranking employee or appointed official of a fire department.
new text end

new text begin Subd. 4. new text end

new text begin Fire department. new text end

new text begin "Fire department" has the meaning given it in section
299F.092, subdivision 6. For purposes of sections 299N.04 and 299N.05, fire department
also includes a division of a state agency, regularly charged with the responsibility of
providing fire protection to the state or a local government, to include a private, nonprofit
fire department directly serving a local government, but does not include an industrial
fire brigade.
new text end

new text begin Subd. 5. new text end

new text begin Licensed firefighter. new text end

new text begin "Licensed firefighter" means a full-time firefighter,
to include a fire department employee, member, supervisor, or appointed official, who is
licensed by the board and who is charged with the prevention or suppression of fires within
the boundaries of the state. Licensed firefighter may also include a volunteer firefighter.
new text end

new text begin Subd. 6. new text end

new text begin Full-time firefighter. new text end

new text begin A "full-time firefighter" means a person who is
employed and charged with the prevention or suppression of fires within the boundaries of
the state on a full-time, salaried basis. Full-time firefighter does not include a volunteer,
part-time or paid, on-call firefighter.
new text end

new text begin Subd. 7. new text end

new text begin Volunteer firefighter. new text end

new text begin A "volunteer firefighter" means a person who is
charged with the prevention or suppression of fires within the boundaries of the state on
a volunteer, part-time, or paid, on-call basis. Volunteer firefighter does not include a
full-time firefighter.
new text end

Sec. 18.

new text begin [299N.04] FIREFIGHTER CERTIFICATION.
new text end

new text begin Subdivision 1. new text end

new text begin Certification examination; requirements. new text end

new text begin (a) The board must
appoint an organization that is accredited by the International Fire Service Accreditation
Congress to prepare and administer firefighter certification examinations. Firefighter
certification examinations shall be designed to ensure competency in at least the following
areas:
new text end

new text begin (1) fire prevention;
new text end

new text begin (2) fire suppression; and
new text end

new text begin (3) hazardous materials operations.
new text end

new text begin (b) To receive a certificate, an individual must demonstrate competency in fire
prevention and fire suppression.
new text end

new text begin (c) Nothing in this section shall be construed to prohibit any requirement imposed
by a local fire department for more comprehensive training.
new text end

new text begin Subd. 2. new text end

new text begin Eligibility for certification examination. new text end

new text begin Except as provided in
subdivision 3, any person may take the firefighter certification examination who has
successfully completed the following:
new text end

new text begin (1)(i) a firefighter course from a postsecondary educational institution, an accredited
institution of higher learning, or another entity that teaches a course that has been approved
by the board; or (ii) an apprenticeship or cadet program maintained by a fire department
employing the person that has been approved by the board; and
new text end

new text begin (2) a skills-oriented basic training course.
new text end

new text begin Subd. 3. new text end

new text begin Certain baccalaureate or associate degree holders eligible to take
certification examination.
new text end

new text begin A person with a baccalaureate degree, or with an associate
degree in applied fire science technology, from an accredited college or university who
has successfully completed the skills-oriented basic training course under subdivision 2,
clause (2), is eligible to take the firefighter certification examination notwithstanding the
requirements of subdivision 2, clause (1).
new text end

Sec. 19.

new text begin [299N.05] LICENSE REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin Licensure requirement. new text end

new text begin A full-time firefighter employed on or after
July 1, 2011, by a fire department is not eligible for permanent employment without
being licensed as a firefighter by the board.
new text end

new text begin Subd. 2. new text end

new text begin Optional licensing. new text end

new text begin A volunteer firefighter may receive or apply for
licensure under this section and section 299N.04 under the same terms as full-time
firefighters.
new text end

new text begin Subd. 3. new text end

new text begin Prior appointment. new text end

new text begin A full-time firefighter or a volunteer firefighter who
has received a permanent appointment with a fire department prior to July 1, 2011, shall
be licensed by the board at the request of the firefighter upon providing the board with a
statement signed by the chief firefighting officer of the fire department that employs the
full-time or volunteer firefighter.
new text end

new text begin Subd. 4. new text end

new text begin Newly employed firefighters. new text end

new text begin Any full-time firefighter employed by a fire
department on or after July 1, 2011, must obtain a license from the board. To obtain a
license, an individual not covered by subdivision 3 must provide the board with a statement
signed by the chief firefighting officer of the fire department that employs the full-time
firefighter that the individual has met the certification requirements of section 299N.04.
new text end

new text begin Subd. 5. new text end

new text begin Issuance of license. new text end

new text begin The board shall license any individual who meets
the requirements of subdivision 3 or 4. A license is valid for three years from the date of
issuance, and the fee for the license is $75.
new text end

new text begin Subd. 6. new text end

new text begin License renewal. new text end

new text begin A license shall be renewed so long as the firefighter and
the chief firefighting officer provide evidence to the board that the licensed firefighter has
had at least 72 hours of firefighting training in the previous three-year period. The fee for
renewing a firefighter license is $75, and the license is valid for an additional three years.
new text end

new text begin Subd. 7. new text end

new text begin Duties of chief firefighting officer. new text end

new text begin It shall be the duty of every chief
firefighting officer to ensure that all full-time firefighters have a license from the board
beginning July 1, 2011. Each full-time firefighter, volunteer firefighter, and chief
firefighting officer may apply for licensure after January 1, 2011.
new text end

new text begin Subd. 8. new text end

new text begin Revocation; suspension; denial. new text end

new text begin The board may revoke, suspend, or
deny a license issued or applied for under this section to a firefighter or applicant if the
firefighter or applicant has been convicted of a felony recognized by the board as a crime
that would disqualify the licensee from participating in the profession of firefighting.
new text end

new text begin Subd. 9. new text end

new text begin Petty misdemeanor; discharge. new text end

new text begin A person who is employed as a full-time
firefighter and is not licensed under this section is guilty of a petty misdemeanor and must
be immediately discharged from employment.
new text end

new text begin Subd. 10. new text end

new text begin Fees. new text end

new text begin Fees collected under this section must be deposited in the state
treasury and credited to a special account and are appropriated to the board to pay costs
incurred under sections 299N.04 to 299N.05.
new text end

Sec. 20.

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 $4 surcharge. In the Second Judicial District, the
court shall impose, and the court administrator shall collect, an additional $1 surcharge
on every person convicted of any felony, gross misdemeanor, 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 EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, and applies to
surcharges collected by the chief executive officer of a correctional facility on or after
that date.
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.
new text end

Sec. 22. 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. 23. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, sections 244.055, subdivisions 6 and 11; 260B.199,
subdivision 2; 260B.201, subdivision 3; and 325E.22,
new text end new text begin are repealed.
new text end