Minnesota Legislature
SF 802B
Conference Committee Report - 86th Legislature (2009 - 2010) Posted on 01/15/2013 08:28pm
KEY: stricken = removed, old language.
underscored = added, new language.
1.1CONFERENCE COMMITTEE REPORT ON S.F. No. 802
1.3relating to public safety; appropriating money for public safety, corrections,
1.4and other criminal justice agencies; requiring annual appropriation of money in
1.5Bureau of Criminal Apprehension account to commissioner of public safety;
1.6repealing the mandatory minimum sentences for predatory offender registration
1.7offenses and subsequent controlled substances offenses; providing a 90-day cap
1.8on incarceration for certain first-time supervised release violations; eliminating
1.9the requirement that judges impose a minimum sentence on felony DWI
1.10offenders; requesting the Sentencing Guidelines Commission to rerank the
1.11felony DWI offense; providing for supervised release of offenders; expanding
1.12the challenge incarceration program; requiring the Sentencing Guidelines
1.13Commission and the Departments of Corrections and Public Safety to review
1.14its reports; requiring Department of Corrections to annually report on felony
1.15DWI offenders; requiring that reports to the legislature by criminal justice
1.16agencies be submitted electronically; modifying and expanding the conditional
1.17release program for nonviolent drug offenders; including an advisory board
1.18for consultation with the commissioner of corrections for the conditional
1.19release program; repealing the conditional release program's sunset; authorizing
1.20correctional facilities to forward surcharges from offender wages to court or
1.21other entity collecting the surcharge; repealing reports on out-of-state juvenile
1.22placement; implementing the legislative auditor's recommendations relating
1.23to MINNCOR; requiring the licensure of firefighters; expanding the stay of
1.24adjudication provision for low-level controlled substance offenders; imposing
1.25criminal penalties; appropriating money; amending Minnesota Statutes 2008,
1.26sections 3.195, subdivision 1, by adding a subdivision; 152.021, subdivision 3;
1.27152.022, subdivision 3; 152.023, subdivision 3; 152.024, subdivision 3; 152.025,
1.28subdivision 3; 152.18, subdivision 1; 169A.275, subdivisions 3, 4, 5; 169A.276,
1.29subdivisions 1, 2; 171.29, subdivision 2; 241.27, subdivision 1a, by adding
1.30subdivisions; 243.166, subdivision 5; 244.055, subdivisions 2, 3, 5, 7, by adding
1.31subdivisions; 244.17; 244.172, subdivision 1; 299N.02, subdivision 3; 357.021,
1.32subdivision 6; proposing coding for new law in Minnesota Statutes, chapters
1.33244; 299N; repealing Minnesota Statutes 2008, sections 152.026; 244.055,
1.34subdivisions 6, 11; 260B.199, subdivision 2; 260B.201, subdivision 3; 325E.22.
1.35May 11, 2009
1.36The Honorable James P. Metzen
1.37President of the Senate
1.38The Honorable Margaret Anderson Kelliher
1.39Speaker of the House of Representatives
2.1We, the undersigned conferees for S.F. No. 802 report that we have agreed upon the
2.2items in dispute and recommend as follows:
2.3That the House recede from its amendments and that S.F. No. 802 be further
2.4amended as follows:
2.5Delete everything after the enacting clause and insert:
2.9The amounts shown in this section summarize direct appropriations, by fund, made
2.10in this article.
2.21The sums shown in the columns marked "Appropriations" are appropriated to the
2.22agencies and for the purposes specified in this article. The appropriations are from the
2.23general fund, or another named fund, and are available for the fiscal years indicated
2.24for each purpose. The figures "2010" and "2011" used in this article mean that the
2.25appropriations listed under them are available for the fiscal year ending June 30, 2010, or
2.26June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is fiscal
2.27year 2011. "The biennium" is fiscal years 2010 and 2011. Appropriations for the fiscal
2.28year ending June 30, 2009, are effective the day following final enactment.
3.3The amounts that may be spent for each
3.4purpose are specified in the following
3.5subdivisions.
3.7(a) Contingent Account. $5,000 each year
3.8is for a contingent account for expenses
3.9necessary for the normal operation of the
3.10court for which no other reimbursement is
3.11provided.
3.12(b) Criminal Justice Forum. The chief
3.13justice is requested to continue the criminal
3.14justice forum to evaluate and examine
3.15criminal justice efficiencies and costs
3.16savings, and may submit a report of the
3.17findings and recommendations to the chairs
3.18and ranking minority members of the house
3.19of representatives and senate committees
3.20with jurisdiction over public safety policy
3.21and finance by February 15, 2010.
3.22(c) Civil Justice Forum. The chief justice
3.23is requested to convene a civil justice
3.24forum to evaluate and examine civil justice
3.25efficiencies and cost savings and may submit
3.26a report of the findings and recommendations
3.27to the chairs and ranking minority members
3.28of the house of representatives and senate
3.29committees with jurisdiction over public
3.30safety policy and finance by February 15,
3.312010.
3.32(d) Federal Stimulus Funds. The Supreme
3.33Court is encouraged to apply for all available
4.1grants for federal stimulus funds to: (1)
4.2continue drug court programs that lose
4.3state funding; and (2) make technological
4.4improvements within the judicial system.
4.5(e) Judicial and Referee Vacancies.
4.6The Supreme Court shall not certify a
4.7judicial or referee vacancy under Minnesota
4.8Statutes, section 2.722, until it has examined
4.9alternative options, such as temporarily
4.10suspending certification of the vacant
4.11position or assigning a retired judge to
4.12temporarily fill the position.
4.14Legal Services to Low-Income Clients in
4.15Family Law Matters. Of this appropriation,
4.16$877,000 each year is to improve the
4.17access of low-income clients to legal
4.18representation in family law matters. This
4.19appropriation must be distributed under
4.20Minnesota Statutes, section 480.242, to
4.21the qualified legal services programs
4.22described in Minnesota Statutes, section
4.23480.242, subdivision 2, paragraph (a). Any
4.24unencumbered balance remaining in the first
4.25year does not cancel and is available in the
4.26second year.
5.2$125,000 each year is for special
5.3investigative and hearing costs for major
5.4disciplinary actions undertaken by the
5.5board. This appropriation does not cancel.
5.6Any encumbered and unspent balances
5.7remain available for these expenditures in
5.8subsequent fiscal years.
5.20The amounts that may be spent for each
5.21purpose are specified in the following
5.22subdivisions.
5.23(a) Car Fleet. By January 1, 2010,
5.24the commissioner shall reduce the
5.25department's fleet of cars that are not used for
5.26investigations by at least five percent when
5.27compared to the fleet's status on January 1,
5.282009. This paragraph shall not apply to State
5.29Patrol vehicles purchased or maintained
5.30using trunk highway funds.
6.1(b) Prohibition on Use of Appropriation.
6.2No portion of this appropriation may be
6.3used for the purchase of motor vehicles
6.4or out-of-state travel that is not directly
6.5connected with and necessary to carry out
6.6the core functions of the department.
6.12Hazmat and Chemical Assessment Teams.
6.13$604,000 each year is appropriated from the
6.14fire safety account in the special revenue
6.15fund. These amounts must be used to
6.16fund the hazardous materials and chemical
6.17assessment teams.
6.24DWI Lab Analysis; Trunk Highway Fund.
6.25Notwithstanding Minnesota Statutes, section
6.26161.20, subdivision 3 , $1,941,000 each year
6.27is appropriated from the trunk highway fund
6.28for laboratory analysis related to driving
6.29while impaired cases.
7.1This appropriation is from the fire safety
7.2account in the special revenue fund.
7.3Of this amount, $5,857,000 each year is for
7.4activities under Minnesota Statutes, section
7.5299F.012, and $2,268,000 each year is for
7.6transfer to the general fund under Minnesota
7.7Statutes, section 297I.06, subdivision 3.
7.12This appropriation is from the alcohol
7.13enforcement account in the special revenue
7.14fund. Of this appropriation, $750,000 each
7.15year shall be transferred to the general fund.
7.16The transfer amount for fiscal year 2012 and
7.17fiscal year 2013 shall be $500,000 per year.
7.23(a) Federal Stimulus Money. The Office
7.24of Justice programs shall give priority to
7.25awarding grants for federal stimulus money
7.26to the following activities and programs:
7.27(1) organizations that provide mentoring
7.28grants for children of incarcerated parents;
7.29(2) youth intervention programs, as defined
7.30under Minnesota Statutes, section 299A.73,
7.31with an emphasis on those programs that
8.1provide early intervention youth services to
8.2children in their communities;
8.3(3) re-entry programs for offenders, with a
8.4priority on continuing to fund the nonprofit
8.5organization selected to administer the
8.6demonstration project for high risk adults
8.7under Laws 2007, chapter 54, article 1,
8.8section 19;
8.9(4) trafficking victim programs, including
8.10legal advocacy clinics, training programs,
8.11public awareness initiatives, and victim
8.12services hotlines;
8.13(5) nonprofit organizations dedicated
8.14to providing immediate and long-term
8.15emotional support and practical help for
8.16families and friends of persons who have
8.17died traumatically;
8.18(6) programs that seek to develop and
8.19increase juvenile detention alternatives;
8.20(7) restorative justice programs, as defined
8.21in Minnesota Statutes, section 611A.775,
8.22except that a program that receives federal
8.23funds shall not use the funds for cases
8.24involving domestic assault; and
8.25(8) judicial branch efficiency programs,
8.26including e-citation and fine management
8.27and collection program improvements.
8.28For purposes of this subdivision, "federal
8.29stimulus money" means money provided to
8.30the state under the American Recovery and
8.31Reinvestment Act of 2009.
8.32(b) Crime Victim and Youth Intervention
8.33Programs. For the biennium ending June
8.3430, 2011, funding for the following programs
9.1must not be reduced by more than three
9.2percent from the level of state base funding
9.3provided for the biennium ending June 30,
9.42009: (1) crime victim reparations; (2)
9.5battered women's shelters and domestic
9.6violence programs; (3) general crime victim
9.7programs; (4) sexual assault victim programs;
9.8and (5) youth intervention programs.
9.9(c) Administration Costs. Up to 2.5 percent
9.10of the grant money appropriated in this
9.11subdivision may be used to administer the
9.12grant program.
9.14This appropriation is from the state
9.15government special revenue fund for 911
9.16emergency telecommunications services.
9.17(a) Public Safety Answering Points.
9.18$13,664,000 each year is to be distributed
9.19as provided in Minnesota Statutes, section
9.20403.113, subdivision 2.
9.21(b) Medical Resource Communication
9.22Centers. $683,000 each year is for grants
9.23to the Minnesota Emergency Medical
9.24Services Regulatory Board for the Metro
9.25East and Metro West Medical Resource
9.26Communication Centers that were in
9.27operation before January 1, 2000.
9.28(c) ARMER Debt Service. $17,557,000 the
9.29first year and $23,261,000 the second year
9.30are to the commissioner of finance to pay
9.31debt service on revenue bonds issued under
9.32Minnesota Statutes, section 403.275.
9.33Any portion of this appropriation not needed
9.34to pay debt service in a fiscal year may be
10.1used by the commissioner of public safety to
10.2pay cash for any of the capital improvements
10.3for which bond proceeds were appropriated
10.4by Laws 2005, chapter 136, article 1, section
10.59, subdivision 8, or Laws 2007, chapter 54,
10.6article 1, section 10, subdivision 8.
10.7(d) Metropolitan Council Debt Service.
10.8$1,410,000 each year is to the commissioner
10.9of finance for payment to the Metropolitan
10.10Council for debt service on bonds issued
10.11under Minnesota Statutes, section 403.27.
10.12(e) ARMER State Backbone Operating
10.13Costs. $5,060,000 each year is to the
10.14commissioner of transportation for costs
10.15of maintaining and operating the statewide
10.16radio system backbone.
10.17(f) ARMER Improvements. $1,000,000
10.18each year is for the Statewide Radio Board
10.19for costs of design, construction, maintenance
10.20of, and improvements to those elements
10.21of the statewide public safety radio and
10.22communication system that support mutual
10.23aid communications and emergency medical
10.24services or provide enhancement of public
10.25safety communication interoperability.
10.26(g) Next Generation 911. $3,431,000 the
10.27first year and $6,490,000 the second year
10.28are to replace the current system with the
10.29Next Generation Internet Protocol (IP) based
10.30network. The base level of funding for fiscal
10.31year 2012 shall be $2,965,000.
10.32(h) Grants to Local Government.
10.33$5,000,000 the first year is for grants to
10.34local units of government to assist with
11.1the transition to the ARMER system. This
11.2appropriation is available until June 30, 2012.
11.5(a) Excess Amounts Transferred. This
11.6appropriation is from the peace officer
11.7training account in the special revenue fund.
11.8Any new receipts credited to that account in
11.9the first year in excess of $4,012,000 must be
11.10transferred and credited to the general fund.
11.11Any new receipts credited to that account in
11.12the second year in excess of $4,012,000 must
11.13be transferred and credited to the general
11.14fund.
11.15(b) Peace Officer Training
11.16Reimbursements. $2,859,000 each
11.17year is for reimbursements to local
11.18governments for peace officer training costs.
11.19(c) Prohibition on Use of Appropriation.
11.20No portion of this appropriation may be
11.21used for the purchase of motor vehicles
11.22or out-of-state travel that is not directly
11.23connected with and necessary to carry out
11.24the core functions of the board.
11.26Prohibition on Use of Appropriation. No
11.27portion of this appropriation may be used for
11.28the purchase of motor vehicles or out-of-state
11.29travel that is not directly connected with and
11.30necessary to carry out the core functions of
11.31the board.
12.1Prohibition on Use of Appropriation. No
12.2portion of this appropriation may be used for
12.3the purchase of motor vehicles or out-of-state
12.4travel that is not directly connected with and
12.5necessary to carry out the core functions of
12.6the department.
12.14The amounts that may be spent for each
12.15purpose are specified in the following
12.16subdivisions.
12.17(a) Car Fleet. By January 1, 2010, the
12.18commissioner must reduce the department's
12.19fleet of cars by 20 percent.
12.20(b) Prohibition on Use of Appropriation.
12.21No portion of this appropriation may be
12.22used for the purchase of motor vehicles
12.23or out-of-state travel that is not directly
12.24connected with and necessary to carry out
12.25the core functions of the department.
13.1$38,000,000 the first year is from the fiscal
13.2stabilization account in the federal fund. This
13.3is a onetime appropriation.
13.4The general fund base for this program shall
13.5be $326,085,000 in fiscal year 2012 and
13.6$330,430,000 in fiscal year 2013.
13.7(a) Treatment Alternatives; Report. By
13.8December 15, 2009, the commissioner
13.9must submit an electronic report to the
13.10chairs and ranking minority members of
13.11the house of representatives and senate
13.12committees with jurisdiction over public
13.13safety policy and finance concerning
13.14alternative chemical dependency treatment
13.15opportunities. The report must identify
13.16alternatives that represent best practices in
13.17chemical dependency treatment of offenders.
13.18The report must contain suggestions for
13.19reducing the length of time between
13.20offender commitment to the custody of the
13.21commissioner and graduation from chemical
13.22dependency treatment. To the extent
13.23possible, the report shall identify options
13.24that will (1) reduce the cost of treatment;
13.25(2) expand the number of treatment beds;
13.26(3) improve treatment outcomes; and (4)
13.27lower the rate of substance abuse relapse and
13.28criminal recidivism.
13.29(b) Challenge Incarceration; Maximum
13.30Occupancy. The commissioner shall work to
13.31fill all available challenge incarceration beds
13.32for both male and female offenders. If the
13.33commissioner fails to fill at least 90 percent
13.34of the available challenge incarceration beds
13.35by December 1, 2009, the commissioner
14.1must submit a report to the chairs and
14.2ranking minority members of the house of
14.3representatives and senate committees with
14.4jurisdiction over public safety policy and
14.5finance by January 15, 2010, explaining what
14.6steps the commissioner has taken to fill the
14.7beds and why those steps failed to reach the
14.8goal established by the legislature.
14.9(c) Institutional Efficiencies. The
14.10commissioner shall strive for institutional
14.11efficiencies and must reduce the fiscal year
14.122008 average adult facility per diem of
14.13$89.77 by one percent. The base is cut by
14.14$2,850,000 in the first year and $2,850,000
14.15in the second year to reflect a one percent
14.16reduction in the projected adult facility per
14.17diem. In reducing the projected adult facility
14.18per diem, the commissioner must consider
14.19the following:
14.20(1) cooperating with the state of Wisconsin
14.21to obtain economies of scale;
14.22(2) increasing the bed capacity of the
14.23challenge incarceration program;
14.24(3) increasing the number of nonviolent drug
14.25offenders who are granted conditional release
14.26under Minnesota Statutes, section 244.055;
14.27(4) increasing the use of compassionate
14.28release or less costly detention alternatives
14.29for elderly and infirm offenders;
14.30(5) discontinuing the department's practice
14.31of annually assigning a warden to serve as
14.32a legislative liaison during the legislative
14.33session;
15.1(6) consolidating staff from correctional
15.2institutions in geographical proximity to each
15.3other to achieve efficiencies and cost savings,
15.4including wardens, deputy wardens, and
15.5human resources, technology, and employee
15.6development personnel;
15.7(7) consolidating the department's human
15.8resources, technology, and employee
15.9development functions in a centralized
15.10location;
15.11(8) implementing corrections best practices;
15.12and
15.13(9) implementing cost-saving measures used
15.14by other states and the federal government.
15.15The commissioner must not eliminate
15.16correctional officer positions or implement
15.17any other measure that will jeopardize public
15.18safety to achieve the mandated cost savings.
15.19The commissioner also must not eliminate
15.20treatment beds to achieve the mandated cost
15.21savings.
15.22(d) Per Diem Reduction. If the
15.23commissioner fails to reduce the per diem by
15.24one percent, the commissioner must:
15.25(1) reduce the funding for operations support
15.26by the amount of unrealized savings; and
15.27(2) submit a report by February 15,
15.282010, to the chairs and ranking minority
15.29members of the house of representatives
15.30and senate committees with jurisdiction
15.31over public safety policy and finance that
15.32contains descriptions of what efforts the
15.33commissioner made to reduce the per diem,
15.34explanations for why those steps failed to
16.1reduce the per diem by one percent, proposed
16.2legislative options that would assist the
16.3commissioner in reducing the adult facility
16.4per diem, and descriptions of the specific
16.5actions the commissioner took to reduce
16.6funding in operations support.
16.7If the commissioner reduces the per diem
16.8by more than one percent, the commissioner
16.9must use the savings to provide treatment to
16.10offenders.
16.11(e) Reductions to Certain Programming
16.12Prohibited. When allocating reductions
16.13in services and programming under this
16.14appropriation, the commissioner may not
16.15make reductions to inmate educational
16.16programs, chemical dependency programs,
16.17or reentry programs.
16.18(f) Drug Court Bed Savings. The
16.19commissioner must consider the bed impact
16.20savings of drug courts in formulating its
16.21prison bed projections.
16.22(g) Transfer. Notwithstanding Minnesota
16.23Statutes, section 241.27, the commissioner
16.24of finance shall transfer $1,000,000 the first
16.25year and $1,000,000 the second year from the
16.26Minnesota Correctional Industries revolving
16.27fund to the general fund.
16.32Short-Term Offenders. $1,607,000 the
16.33first year is for costs associated with the
17.1housing and care of short-term offenders
17.2sentenced prior to June 30, 2009, and housed
17.3in local jails. The commissioner may use
17.4up to ten percent of the total amount of the
17.5appropriation for inpatient medical care
17.6for short-term offenders with less than six
17.7months to serve as affected by the changes
17.8made to Minnesota Statutes, section 609.105,
17.9by Laws 2003, First Special Session chapter
17.102, article 5, sections 7 to 9. All funds not
17.11expended for inpatient medical care shall be
17.12added to and distributed with the housing
17.13funds. These funds shall be distributed
17.14proportionately based on the total number of
17.15days short-term offenders are placed locally,
17.16not to exceed the fiscal year 2009 per diem.
17.17All funds remaining after reimbursements are
17.18made shall be transferred to the department's
17.19institution base budget to offset the costs
17.20of housing short-term offenders who are
17.21sentenced on or after July 1, 2009, and
17.22incarcerated in state correctional facilities.
17.23Short-term offenders sentenced before July
17.241, 2009, may be housed in a state correctional
17.25facility at the discretion of the commissioner.
17.26This does not preclude the commissioner
17.27from contracting with local jails to house
17.28offenders committed to the custody of the
17.29commissioner.
17.30The Department of Corrections is exempt
17.31from the state contracting process for the
17.32purposes of Minnesota Statutes, section
17.33609.105, as amended by Laws 2003, First
17.34Special Session chapter 2, article 5, sections
17.357 to 9.
18.6Prohibition on Use of Appropriation. No
18.7portion of this appropriation may be used for
18.8the purchase of motor vehicles or out-of-state
18.9travel that is not directly connected with and
18.10necessary to carry out the core functions of
18.11the commission.
18.14 Section 1. Minnesota Statutes 2008, section 2.722, subdivision 4, is amended to read:
18.15 Subd. 4. Determination of a judicial vacancy. (a) When a judge of the district
18.16court dies, resigns, retires, or is removed from office, the Supreme Court, in consultation
18.17with judges and attorneys in the affected district, shall determinewithin 90 days of after
18.18receiving notice of a vacancy from the governor whether the vacant office is necessary
18.19for effective judicial administration or is necessary for adequate access to the courts.
18.20In determining whether the position is necessary for adequate access to the courts, the
18.21Supreme Court shall consider whether abolition or transfer of the position would result in
18.22a county having no chambered judge. The Supreme Court may continue the position, may
18.23order the position abolished, or may transfer the position to a judicial district where need
18.24for additional judges exists, designating the position as either a county, county/municipal
18.25or district court judgeship. The Supreme Court shall certify any vacancy to the governor,
18.26who shall fill it in the manner provided by law.
18.27(b) If a judge of district court fails to timely file an affidavit of candidacy and filing
18.28fee or petition in lieu of a fee, the official with whom the affidavits of candidacy are
18.29required to be filed shall notify the Supreme Court that the incumbent judge is not seeking
18.30reelection. Within five days of receipt of the notice, the Supreme Court shall determine
18.31whether the judicial position is necessary for effective judicial administration or adequate
18.32access to the courts and notify the official responsible for certifying the election results of
19.1its determination. In determining whether the position is necessary for adequate access to
19.2the courts, the Supreme Court shall consider whether abolition or transfer of the position
19.3would result in a county having no chambered judge. The Supreme Court may continue
19.4the position, may order the position abolished, or may transfer the position to a judicial
19.5district where the need for additional judgeships exists. If the position is abolished or
19.6transferred, the election may not be held. If the position is transferred, the court shall also
19.7notify the governor of the transfer. Upon transfer, the position is vacant and the governor
19.8shall fill it in the manner provided by law. An order abolishing or transferring a position is
19.9effective the first Monday in the next January.
19.10 Sec. 2. Minnesota Statutes 2008, section 2.722, subdivision 4a, is amended to read:
19.11 Subd. 4a. Referee vacancy; conversion to judgeship. When a referee of the
19.12district court dies, resigns, retires, or is voluntarily removed from the position, the chief
19.13judge of the district shall notify the Supreme Court and may petition to request that the
19.14position be converted to a judgeship. The Supreme Court shall determinewithin 90
19.15days of the petition whether to order the position abolished or convert the position to a
19.16judgeship in the affected or another judicial district. The Supreme Court shall certify any
19.17judicial vacancy to the governor, who shall fill it in the manner provided by law. The
19.18conversion of a referee position to a judgeship under this subdivision shall not reduce the
19.19total number of judges and referees hearing cases in the family and juvenile courts.
19.20 Sec. 3. Minnesota Statutes 2008, section 2.724, subdivision 2, is amended to read:
19.21 Subd. 2. Procedure. To promote and secure more efficient administration of justice,
19.22the chief justice of the Supreme Court of the state shall supervise and coordinate the work
19.23of the courts of the state. The Supreme Court may provide by rule that the chief justice not
19.24be required to write opinions as a member of the Supreme Court. Its rules may further
19.25provide for it to hear and consider cases in divisions. It may by rule assign temporarily
19.26any retired justice of the Supreme Court or one judge of the Court of Appeals or district
19.27court judge at a time to act as a justice of the Supreme Court or any number of justices
19.28or retired justices of the Supreme Court to act as judges of the Court of Appeals. Upon
19.29the assignment of a Court of Appeals judge or a district court judge to act as a justice of
19.30the Supreme Court, a judge previously acting as a justice may complete unfinished duties
19.31of that position. Any number of justices may disqualify themselves from hearing and
19.32considering a case, in which event the Supreme Court may assign temporarily a retired
19.33justice of the Supreme Court, a Court of Appeals judge, or a district court judge to hear
19.34and consider the case in place of each disqualified justice.A retired justice who is acting
20.1as a justice of the Supreme Court or judge of the Court of Appeals under this section shall
20.2receive, in addition to retirement pay, out of the general fund of the state, an amount to
20.3make the retired justice's total compensation equal to the same salary as a justice or judge
20.4of the court on which the justice is acting.
20.5 Sec. 4. Minnesota Statutes 2008, section 2.724, subdivision 3, is amended to read:
20.6 Subd. 3. Retired justices and judges. (a) The chief justice of the Supreme Court
20.7may assign a retired justice of the Supreme Court to act as a justice of the Supreme Court
20.8pursuant to subdivision 2 or as a judge of any other court. The chief justice may assign a
20.9retired judge of any court to act as a judge of any court except the Supreme Court. The
20.10chief justice of the Supreme Court shall determine the pay and expenses to be received by
20.11a justice or judge acting pursuant to this paragraph.
20.12(b) A judge who has been elected to office and who has retired as a judge in good
20.13standing and is not practicing law may also be appointed to serve as judge of any court
20.14except the Supreme Court. A retired judge acting under this paragraph will receive pay
20.15and expenses in the amount established by the Supreme Court.
20.16 Sec. 5. Minnesota Statutes 2008, section 86B.705, subdivision 2, is amended to read:
20.17 Subd. 2. Fines and bail money. (a) All fines, installment payments, and forfeited
20.18bail money collected from persons convicted of violations of this chapter or rules adopted
20.19thereunder, or of a violation of section169A.20 involving a motorboat, shall be paid to
20.20the county treasurer of the county where the violation occurred by the court administrator
20.21or other person collecting the money within 15 days after the last day of the month the
20.22money was collected deposited in the state treasury.
20.23(b) One-half of the receipts shall be credited to the general revenue fundof the
20.24county. The other one-half of the receipts shall be transmitted by the county treasurer to
20.25the commissioner of natural resourcesto be deposited in the state treasury and credited to
20.26the water recreation account for the purpose of boat and water safety.
20.27 Sec. 6. Minnesota Statutes 2008, section 134A.09, subdivision 2a, is amended to read:
20.28 Subd. 2a. Petty misdemeanor cases and criminal convictions; fee assessment. In
20.29Hennepin County and Ramsey County, the district court administrator or a designee may,
20.30upon the recommendation of the board of trustees and by standing order of the judges
20.31of the district court, include in the costs or disbursements assessed against a defendant
20.32convicted in the district court of the violation of a statute or municipal ordinance, a county
20.33law library fee. This fee may be collected in all petty misdemeanor cases and criminal
21.1prosecutions in which, upon conviction, the defendant may be subject to the payment of
21.2the costs or disbursements in addition to a fine or other penalty. When a defendant is
21.3convicted of more than one offense in a case, the county law library fee shall be imposed
21.4only once in that case.
21.5 Sec. 7. Minnesota Statutes 2008, section 134A.10, subdivision 3, is amended to read:
21.6 Subd. 3. Petty misdemeanor cases and criminal convictions; fee assessment.
21.7The judge of district court may, upon the recommendation of the board of trustees and
21.8by standing order, include in the costs or disbursements assessed against a defendant
21.9convicted in the district court of the violation of any statute or municipal ordinance, in
21.10all petty misdemeanor cases and criminal prosecutions in which, upon conviction, the
21.11defendant may be subject to the payment of the costs or disbursements in addition to a fine
21.12or other penalty a county law library fee. When a defendant is convicted of more than one
21.13offense in a case, the county law library fee shall be imposed only once in that case. The
21.14item of costs or disbursements may not be assessed for any offense committed prior to the
21.15establishment of the county law library.
21.16 Sec. 8. Minnesota Statutes 2008, section 152.0262, subdivision 1, is amended to read:
21.17 Subdivision 1. Possession of precursors. (a) A person is guilty of a crime if the
21.18person possesses any chemical reagents or precursors with the intent to manufacture
21.19methamphetamine and if convicted may be sentenced to imprisonment for not more than
21.20ten years or to payment of a fine of not more than $20,000, or both.
21.21(b) A person is guilty of a crime if the person possesses any chemical reagents or
21.22precursors with the intent to manufacture methamphetamine and may be sentenced to
21.23imprisonment for not more than 15 years or to payment of a fine of not more than $30,000,
21.24or both, if the conviction is for a subsequent controlled substance conviction.
21.25 As used in this section and section152.021 , "chemical reagents or precursors"
21.26includes any of the following substances, or any similar substances that can be used to
21.27manufacture methamphetamine, or the salts, isomers, and salts of isomers of a listed or
21.28similar substance:
21.29(1) ephedrine;
21.30(2) pseudoephedrine;
21.31(3) phenyl-2-propanone;
21.32(4) phenylacetone;
21.33(5) anhydrous ammonia;
21.34(6) organic solvents;
22.1(7) hydrochloric acid;
22.2(8) lithium metal;
22.3(9) sodium metal;
22.4(10) ether;
22.5(11) sulfuric acid;
22.6(12) red phosphorus;
22.7(13) iodine;
22.8(14) sodium hydroxide;
22.9(15) benzaldehyde;
22.10(16) benzyl methyl ketone;
22.11(17) benzyl cyanide;
22.12(18) nitroethane;
22.13(19) methylamine;
22.14(20) phenylacetic acid;
22.15(21) hydriodic acid; or
22.16(22) hydriotic acid.
22.17EFFECTIVE DATE.This section is effective July 1, 2009, and applies to crimes
22.18committed on or after that date.
22.19 Sec. 9. Minnesota Statutes 2008, section 169A.20, subdivision 1, is amended to read:
22.20 Subdivision 1. Driving while impaired crime; motor vehicle. It is a crime for
22.21any person to drive, operate, or be in physical control of any motor vehicle, as defined
22.22in section 169A.03, subdivision 15, except for motorboats in operation and off-road
22.23recreational vehicles, within this state or on any boundary water of this state when:
22.24(1)when the person is under the influence of alcohol;
22.25(2)when the person is under the influence of a controlled substance;
22.26(3)when the person is knowingly under the influence of a hazardous substance that
22.27affects the nervous system, brain, or muscles of the person so as to substantially impair
22.28the person's ability to drive or operate the motor vehicle;
22.29(4)when the person is under the influence of a combination of any two or more of
22.30the elements named in clauses (1), (2), and to (3);
22.31(5)when the person's alcohol concentration at the time, or as measured within
22.32two hours of the time, of driving, operating, or being in physical control of the motor
22.33vehicle is 0.08 or more;
23.1(6)when the vehicle is a commercial motor vehicle and the person's alcohol
23.2concentration at the time, or as measured within two hours of the time, of driving,
23.3operating, or being in physical control of the commercial motor vehicle is 0.04 or more; or
23.4(7)when the person's body contains any amount of a controlled substance listed in
23.5schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.
23.6EFFECTIVE DATE.This section is effective July 1, 2009, and applies to crimes
23.7committed on or after that date.
23.8 Sec. 10. Minnesota Statutes 2008, section 169A.20, is amended by adding a
23.9subdivision to read:
23.10 Subd. 1a. Driving while impaired crime; motorboat in operation. It is a crime
23.11for any person to operate or be in physical control of a motorboat in operation on any
23.12waters or boundary water of this state when:
23.13(1) the person is under the influence of alcohol;
23.14(2) the person is under the influence of a controlled substance;
23.15(3) the person is knowingly under the influence of a hazardous substance that affects
23.16the nervous system, brain, or muscles of the person so as to substantially impair the
23.17person's ability to drive or operate the motorboat;
23.18(4) the person is under the influence of a combination of any two or more of the
23.19elements named in clauses (1) to (3);
23.20(5) the person's alcohol concentration at the time, or as measured within two hours
23.21of the time, of driving, operating, or being in physical control of the motorboat is 0.08 or
23.22more; or
23.23(6) the person's body contains any amount of a controlled substance listed in
23.24schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.
23.25EFFECTIVE DATE.This section is effective July 1, 2009, and applies to crimes
23.26committed on or after that date.
23.27 Sec. 11. Minnesota Statutes 2008, section 169A.20, is amended by adding a
23.28subdivision to read:
23.29 Subd. 1b. Driving while impaired crime; snowmobile and all-terrain vehicle. It
23.30is a crime for any person to operate or be in physical control of a snowmobile as defined in
23.31section 84.81, subdivision 3, or all-terrain vehicle as defined in section 84.92, subdivision
23.328, anywhere in this state or on the ice of any boundary water of this state when:
23.33(1) the person is under the influence of alcohol;
23.34(2) the person is under the influence of a controlled substance;
24.1(3) the person is knowingly under the influence of a hazardous substance that affects
24.2the nervous system, brain, or muscles of the person so as to substantially impair the
24.3person's ability to drive or operate the snowmobile or all-terrain vehicle;
24.4(4) the person is under the influence of a combination of any two or more of the
24.5elements named in clauses (1) to (3);
24.6(5) the person's alcohol concentration at the time, or as measured within two hours
24.7of the time, of driving, operating, or being in physical control of the snowmobile or
24.8all-terrain vehicle is 0.08 or more; or
24.9(6) the person's body contains any amount of a controlled substance listed in
24.10schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.
24.11EFFECTIVE DATE.This section is effective July 1, 2009, and applies to crimes
24.12committed on or after that date.
24.13 Sec. 12. Minnesota Statutes 2008, section 169A.20, is amended by adding a
24.14subdivision to read:
24.15 Subd. 1c. Driving while impaired crime; off-highway motorcycle and off-road
24.16vehicle. It is a crime for any person to operate or be in physical control of any off-highway
24.17motorcycle as defined in section 84.787, subdivision 7, or any off-road vehicle as defined
24.18in section 84.797, subdivision 7, anywhere in this state or on the ice of any boundary
24.19water of this state when:
24.20(1) the person is under the influence of alcohol;
24.21(2) the person is under the influence of a controlled substance;
24.22(3) the person is knowingly under the influence of a hazardous substance that affects
24.23the nervous system, brain, or muscles of the person so as to substantially impair the
24.24person's ability to drive or operate the off-highway motorcycle or off-road vehicle;
24.25(4) the person is under the influence of a combination of any two or more of the
24.26elements named in clauses (1) to (3);
24.27(5) the person's alcohol concentration at the time, or as measured within two hours of
24.28the time, of driving, operating, or being in physical control of the off-highway motorcycle
24.29or off-road vehicle is 0.08 or more; or
24.30(6) the person's body contains any amount of a controlled substance listed in
24.31schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.
24.32EFFECTIVE DATE.This section is effective July 1, 2009, and applies to crimes
24.33committed on or after that date.
24.34 Sec. 13. Minnesota Statutes 2008, section 169A.25, subdivision 1, is amended to read:
25.1 Subdivision 1. Degree described. (a) A person who violates section169A.20,
25.2subdivision 1 , 1a, 1b, or 1c (driving while impaired crime), is guilty of second-degree
25.3driving while impaired if two or more aggravating factors were present when the violation
25.4was committed.
25.5 (b) A person who violates section169A.20, subdivision 2 (refusal to submit to
25.6chemical test crime), is guilty of second-degree driving while impaired if one aggravating
25.7factor was present when the violation was committed.
25.8EFFECTIVE DATE.This section is effective July 1, 2009, and applies to crimes
25.9committed on or after that date.
25.10 Sec. 14. Minnesota Statutes 2008, section 169A.26, subdivision 1, is amended to read:
25.11 Subdivision 1. Degree described. (a) A person who violates section169A.20,
25.12subdivision 1 , 1a, 1b, or 1c (driving while impaired crime), is guilty of third-degree driving
25.13while impaired if one aggravating factor was present when the violation was committed.
25.14 (b) A person who violates section169A.20, subdivision 2 (refusal to submit to
25.15chemical test crime), is guilty of third-degree driving while impaired.
25.16EFFECTIVE DATE.This section is effective July 1, 2009, and applies to crimes
25.17committed on or after that date.
25.18 Sec. 15. Minnesota Statutes 2008, section 169A.27, subdivision 1, is amended to read:
25.19 Subdivision 1. Degree described. A person who violates section169A.20,
25.20subdivision 1, 1a, 1b, or 1c (driving while impaired crime), is guilty of fourth-degree
25.21driving while impaired.
25.22EFFECTIVE DATE.This section is effective July 1, 2009, and applies to crimes
25.23committed on or after that date.
25.24 Sec. 16. Minnesota Statutes 2008, section 169A.28, subdivision 2, is amended to read:
25.25 Subd. 2. Permissive consecutive sentences; multiple offenses. (a) When a person
25.26is being sentenced for a violation of a provision listed in paragraph (e), the court may
25.27sentence the person to a consecutive term of imprisonment for a violation of any other
25.28provision listed in paragraph (e), notwithstanding the fact that the offenses arose out of the
25.29same course of conduct, subject to the limitation on consecutive sentences contained in
25.30section609.15, subdivision 2 , and except as provided in paragraphs (b) and (c).
25.31 (b) When a person is being sentenced for a violation of section171.09 (violation
25.32of condition of restricted license),171.20 (operation after revocation, suspension,
26.1cancellation, or disqualification),171.24 (driving without valid license), or
171.30
26.2(violation of condition of limited license), the court may not impose a consecutive sentence
26.3for another violation of a provision in chapter 171 (drivers' licenses and training schools).
26.4 (c) When a person is being sentenced for a violation of section169.791 (failure to
26.5provide proof of insurance) or169.797 (failure to provide vehicle insurance), the court
26.6may not impose a consecutive sentence for another violation of a provision of sections
26.7169.79
to
169.7995 .
26.8 (d) This subdivision does not limit the authority of the court to impose consecutive
26.9sentences for crimes arising on different dates or to impose a consecutive sentence when
26.10a person is being sentenced for a crime and is also in violation of the conditions of
26.11a stayed or otherwise deferred sentence under section609.135 (stay of imposition or
26.12execution of sentence).
26.13 (e) This subdivision applies to misdemeanor and gross misdemeanor violations of
26.14the following if the offender has two or more prior impaired driving convictions within
26.15the past ten years:
26.16 (1) section169A.20, subdivision 1 , 1a, 1b, or 1c (driving while impaired; impaired
26.17driving offenses);
26.18 (2) section169A.20, subdivision 2 (driving while impaired; test refusal offense);
26.19 (3) section169.791 ;
26.20 (4) section169.797 ;
26.21 (5) section171.09 (violation of condition of restricted license);
26.22 (6) section171.20, subdivision 2 (operation after revocation, suspension,
26.23cancellation, or disqualification);
26.24 (7) section171.24 ; and
26.25 (8) section171.30 .
26.26EFFECTIVE DATE.This section is effective July 1, 2009, and applies to crimes
26.27committed on or after that date.
26.28 Sec. 17. Minnesota Statutes 2008, section 169A.284, is amended to read:
26.29169A.284 CHEMICAL DEPENDENCY ASSESSMENT CHARGE;
26.30SURCHARGE.
26.31 Subdivision 1. When required. (a) When a court sentences a person convicted
26.32of an offense enumerated in section169A.70, subdivision 2 (chemical use assessment;
26.33requirement; form), it shall order the person to pay the cost of the assessment directly
26.34to the entity conducting the assessment or providing the assessment services in an
26.35amount determined by the entity conducting or providing the service and shall impose
27.1a chemical dependency assessment charge of$125 $25. The court may waive the $25
27.2assessment charge, but may not waive the cost for the assessment paid directly to the
27.3entity conducting the assessment or providing assessment services. A person shall pay
27.4an additional surcharge of $5 if the person is convicted of a violation of section169A.20
27.5(driving while impaired) within five years of a prior impaired driving conviction or a prior
27.6conviction for an offense arising out of an arrest for a violation of section169A.20 or
27.7Minnesota Statutes 1998, section169.121 (driver under influence of alcohol or controlled
27.8substance) or169.129 (aggravated DWI-related violations; penalty). This section applies
27.9when the sentence is executed, stayed, or suspended. The court may not waive payment
27.10or authorize payment of the assessment charge and surcharge in installments unless it
27.11makes written findings on the record that the convicted person is indigent or that the
27.12assessment charge and surcharge would create undue hardship for the convicted person or
27.13that person's immediate family.
27.14(b) The chemical dependency assessment charge and surcharge required under
27.15this section are in addition to the surcharge required by section357.021, subdivision 6
27.16(surcharges on criminal and traffic offenders).
27.17 Subd. 2. Distribution of money. Thecounty court administrator shall collect and
27.18forwardto the commissioner of finance $25 of the chemical dependency assessment
27.19charge and the $5 surcharge, if any,within 60 days after sentencing or explain to the
27.20commissioner in writing why the money was not forwarded within this time period. The
27.21commissioner shall credit the money to the commissioner of finance to be deposited in the
27.22state treasury and credited to the general fund.The county shall collect and keep $100 of
27.23the chemical dependency assessment charge.
27.24 Sec. 18. Minnesota Statutes 2008, section 169A.46, subdivision 1, is amended to read:
27.25 Subdivision 1. Impairment occurred after driving ceased. If proven by a
27.26preponderance of the evidence, it is an affirmative defense to a violation of section
27.27169A.20, subdivision 1
, clause (5); 1a, clause (5); 1b, clause (5); or 1c, clause (5) (driving
27.28while impaired, alcohol concentration within two hours of driving), or169A.20 by a
27.29person having an alcohol concentration of 0.20 or more as measured at the time, or within
27.30two hours of the time, of the offense, that the defendant consumed a sufficient quantity
27.31of alcohol after the time of the violation and before the administration of the evidentiary
27.32test to cause the defendant's alcohol concentration to exceed the level specified in the
27.33applicable clause. Evidence that the defendant consumed alcohol after the time of the
27.34violation may not be admitted in defense to any alleged violation of section169A.20 ,
28.1unless notice is given to the prosecution prior to the omnibus or pretrial hearing in the
28.2matter.
28.3EFFECTIVE DATE.This section is effective July 1, 2009, and applies to crimes
28.4committed on or after that date.
28.5 Sec. 19. Minnesota Statutes 2008, section 169A.54, subdivision 1, is amended to read:
28.6 Subdivision 1. Revocation periods for DWI convictions. Except as provided in
28.7subdivision 7, the commissioner shall revoke the driver's license of a person convicted
28.8of violating section169A.20 (driving while impaired) or an ordinance in conformity
28.9with it, as follows:
28.10 (1) for an offense under section169A.20, subdivision 1 (driving while impaired
28.11crime): not less than 30 days;
28.12 (2) for an offense under section169A.20, subdivision 2 (refusal to submit to
28.13chemical test crime): not less than 90 days;
28.14 (3) for an offense occurring within ten years of a qualified prior impaired driving
28.15incident:
28.16 (i) if the current conviction is for a violation of section169A.20, subdivision
28.171 , 1a, 1b, or 1c, not less than 180 days and until the court has certified that treatment
28.18or rehabilitation has been successfully completed where prescribed in accordance with
28.19section169A.70 (chemical use assessments); or
28.20 (ii) if the current conviction is for a violation of section169A.20, subdivision 2 , not
28.21less than one year and until the court has certified that treatment or rehabilitation has been
28.22successfully completed where prescribed in accordance with section169A.70 ;
28.23 (4) for an offense occurring within ten years of the first of two qualified prior
28.24impaired driving incidents: not less than one year, together with denial under section
28.25171.04, subdivision 1
, clause (10), until rehabilitation is established in accordance with
28.26standards established by the commissioner; or
28.27 (5) for an offense occurring within ten years of the first of three or more qualified
28.28prior impaired driving incidents: not less than two years, together with denial under
28.29section171.04, subdivision 1 , clause (10), until rehabilitation is established in accordance
28.30with standards established by the commissioner.
28.31EFFECTIVE DATE.This section is effective July 1, 2009, and applies to crimes
28.32committed on or after that date.
28.33 Sec. 20. Minnesota Statutes 2008, section 299D.03, subdivision 5, is amended to read:
29.1 Subd. 5. Traffic fines and forfeited bail money. (a) All fines and forfeited bail
29.2money,from traffic and motor vehicle law violations, collected from persons apprehended
29.3or arrested by officers of the State Patrol, shall bepaid transmitted by the person or
29.4officer collecting the fines, forfeited bail money, or installments thereof, on or before the
29.5tenth day after the last day of the month in which these moneys were collected, to the
29.6county treasurer of the county where the violation occurred. commissioner of finance.
29.7Except where a different disposition is required in this paragraph, paragraph (b), section
29.8387.213, or otherwise provided by law, three-eighths of these receiptsshall be credited to
29.9the general revenue fund of the county, except that in a county in a judicial district under
29.10section
480.181, subdivision 1, paragraph (b), this three-eighths share must be transmitted
29.11to the commissioner of finance for deposit deposited in the state treasury and credited to
29.12the state general fund. The other five-eighths of these receiptsshall be transmitted by that
29.13officer to the commissioner of finance and must be deposited in the state treasury and
29.14credited as follows: (1) the first $600,000 in each fiscal year must be credited to the
29.15Minnesota grade crossing safety account in the special revenue fund, and (2) remaining
29.16receipts must be credited to the state trunk highway fund. If, however, the violation occurs
29.17within a municipality and the city attorney prosecutes the offense, and a plea of not guilty
29.18is entered, one-third of the receipts shall be deposited in the state treasury and credited
29.19to the state generalrevenue fund of the county, one-third of the receipts shall be paid
29.20to the municipality prosecuting the offense, and one-third shall betransmitted to the
29.21commissioner of finance as provided in this subdivision. deposited in the state treasury
29.22and credited to the Minnesota grade crossing safety account or the state trunk highway
29.23fund as provided in this paragraph. When section 387.213 also is applicable to the fine,
29.24section 387.213 shall be applied before this paragraph is applied. All costs of participation
29.25in a nationwide police communication system chargeable to the state of Minnesota shall
29.26be paid from appropriations for that purpose.
29.27(b) Notwithstanding any other provisions of law, all fines and forfeited bail money
29.28from violations of statutes governing the maximum weight of motor vehicles, collected
29.29from persons apprehended or arrested by employees of the state of Minnesota, by means
29.30of stationary or portable scales operated by these employees, shall bepaid transmitted by
29.31the person or officer collecting the fines or forfeited bail money, on or before the tenth day
29.32after the last day of the month in which the collections were made, to thecounty treasurer
29.33of the county where the violation occurred commissioner of finance. Five-eighths of these
29.34receipts shall betransmitted by that officer to the commissioner of finance and shall be
29.35deposited in the state treasury and credited to the state highway user tax distribution fund.
29.36Three-eighths of these receipts shall be deposited in the state treasury and credited to the
30.1state generalrevenue fund of the county, except that in a county in a judicial district
30.2under section
480.181, subdivision 1, paragraph (b), this three-eighths share must be
30.3transmitted to the commissioner of finance for deposit in the state treasury and credited
30.4to the general fund.
30.5 Sec. 21. Minnesota Statutes 2008, section 357.021, subdivision 2, is amended to read:
30.6 Subd. 2. Fee amounts. The fees to be charged and collected by the court
30.7administrator shall be as follows:
30.8(1) In every civil action or proceeding in said court, including any case arising under
30.9the tax laws of the state that could be transferred or appealed to the Tax Court, the plaintiff,
30.10petitioner, or other moving party shall pay, when the first paper is filed for that party in said
30.11action, a fee of$240 $310, except in marriage dissolution actions the fee is $270 $340.
30.12The defendant or other adverse or intervening party, or any one or more of several
30.13defendants or other adverse or intervening parties appearing separately from the others,
30.14shall pay, when the first paper is filed for that party in said action, a fee of$240 $310,
30.15except in marriage dissolution actions the fee is$270 $340.
30.16The party requesting a trial by jury shall pay$75 $100.
30.17The fees above stated shall be the full trial fee chargeable to said parties irrespective
30.18of whether trial be to the court alone, to the court and jury, or disposed of without trial,
30.19and shall include the entry of judgment in the action, but does not include copies or
30.20certified copies of any papers so filed or proceedings under chapter 103E, except the
30.21provisions therein as to appeals.
30.22(2) Certified copy of any instrument from a civil or criminal proceeding,$10 $14,
30.23and$5 $8 for an uncertified copy.
30.24(3) Issuing a subpoena,$12 $16 for each name.
30.25(4) Filing a motion or response to a motion in civil, family, excluding child support,
30.26and guardianship cases,$55 $100.
30.27(5) Issuing an execution and filing the return thereof; issuing a writ of attachment,
30.28injunction, habeas corpus, mandamus, quo warranto, certiorari, or other writs not
30.29specifically mentioned,$40 $55.
30.30(6) Issuing a transcript of judgment, or for filing and docketing a transcript of
30.31judgment from another court,$30 $40.
30.32(7) Filing and entering a satisfaction of judgment, partial satisfaction, or assignment
30.33of judgment, $5.
30.34(8) Certificate as to existence or nonexistence of judgments docketed, $5 for each
30.35name certified to.
31.1(9) Filing and indexing trade name; or recording basic science certificate;
31.2or recording certificate of physicians, osteopaths, chiropractors, veterinarians, or
31.3optometrists, $5.
31.4(10) For the filing of each partial, final, or annual account in all trusteeships,$40 $55.
31.5(11) For the deposit of a will,$20 $27.
31.6(12) For recording notary commission, $100, of which, notwithstanding subdivision
31.71a, paragraph (b), $80 must be forwarded to the commissioner of finance to be deposited
31.8in the state treasury and credited to the general fund.
31.9(13) Filing a motion or response to a motion for modification of child support,
31.10a fee of$55 $100.
31.11(14) All other services required by law for which no fee is provided, such fee
31.12as compares favorably with those herein provided, or such as may be fixed by rule or
31.13order of the court.
31.14(15) In addition to any other filing fees under this chapter, a surcharge in the
31.15amount of $75 must be assessed in accordance with section259.52, subdivision 14 , for
31.16each adoption petition filed in district court to fund the fathers' adoption registry under
31.17section259.52 .
31.18The fees in clauses (3) and (5) need not be paid by a public authority or the party
31.19the public authority represents.
31.20 Sec. 22. Minnesota Statutes 2008, section 357.021, subdivision 6, is amended to read:
31.21 Subd. 6. Surcharges on criminal and traffic offenders. (a) Except as provided
31.22in this paragraph, the court shall impose and the court administrator shall collect a $75
31.23surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or
31.24petty misdemeanor offense, other than a violation of a law or ordinance relating to vehicle
31.25parking, for which there shall be a$4 $12 surcharge. When a defendant is convicted
31.26of more than one offense in a case, the surcharge shall be imposed only once in that
31.27case. In the Second Judicial District, the court shall impose, and the court administrator
31.28shall collect, an additional $1 surcharge on every person convicted of any felony, gross
31.29misdemeanor, misdemeanor, or petty misdemeanor offense, including a violation of a law
31.30or ordinance relating to vehicle parking, if the Ramsey County Board of Commissioners
31.31authorizes the $1 surcharge. The surcharge shall be imposed whether or not the person is
31.32sentenced to imprisonment or the sentence is stayed. The surcharge shall not be imposed
31.33when a person is convicted of a petty misdemeanor for which no fine is imposed.
32.1 (b) If the court fails to impose a surcharge as required by this subdivision, the court
32.2administrator shall show the imposition of the surcharge, collect the surcharge, and
32.3correct the record.
32.4 (c) The court may not waive payment of the surcharge required under this
32.5subdivision. Upon a showing of indigency or undue hardship upon the convicted person
32.6or the convicted person's immediate family, the sentencing court may authorize payment
32.7of the surcharge in installments.
32.8 (d) The court administrator or other entity collecting a surcharge shall forward it
32.9to the commissioner of finance.
32.10 (e) If the convicted person is sentenced to imprisonment and has not paid the
32.11surcharge before the term of imprisonment begins, the chief executive officer of the
32.12correctional facility in which the convicted person is incarcerated shall collect the
32.13surcharge from any earnings the inmate accrues from work performed in the facility
32.14or while on conditional release. The chief executive officer shall forward the amount
32.15collected to thecommissioner of finance court administrator or other entity collecting the
32.16surcharge imposed by the court.
32.17(f) A person who successfully completes a diversion or similar program for a
32.18violation of chapter 169 must pay the surcharge described in this subdivision.
32.19 Sec. 23. Minnesota Statutes 2008, section 357.021, subdivision 7, is amended to read:
32.20 Subd. 7. Disbursement of surcharges by commissioner of finance. (a) Except
32.21as provided in paragraphs (b), (c), and (d), the commissioner of finance shall disburse
32.22surcharges received under subdivision 6 and section97A.065, subdivision 2 , as follows:
32.23 (1) one percent shall be credited to the game and fish fund to provide peace officer
32.24training for employees of the Department of Natural Resources who are licensed under
32.25sections626.84 to
626.863 , and who possess peace officer authority for the purpose of
32.26enforcing game and fish laws;
32.27 (2) 39 percent shall be credited to the peace officers training account in the special
32.28revenue fund; and
32.29 (3) 60 percent shall be credited to the general fund.
32.30 (b) The commissioner of finance shall credit $3 of each surcharge received under
32.31subdivision 6 and section97A.065, subdivision 2 , to the general fund.
32.32 (c) In addition to any amounts credited under paragraph (a), the commissioner
32.33of finance shall credit $47 of each surcharge received under subdivision 6 and section
32.3497A.065, subdivision 2
, and the $4 $12 parking surcharge, to the general fund.
33.1 (d) If the Ramsey County Board of Commissioners authorizes imposition of
33.2the additional $1 surcharge provided for in subdivision 6, paragraph (a), the court
33.3administrator in the Second Judicial District shall transmit the surcharge to the
33.4commissioner of finance. The $1 special surcharge is deposited in a Ramsey County
33.5surcharge account in the special revenue fund and amounts in the account are appropriated
33.6to the trial courts for the administration of the petty misdemeanor diversion program
33.7operated by the Second Judicial District Ramsey County Violations Bureau.
33.8 Sec. 24. Minnesota Statutes 2008, section 357.022, is amended to read:
33.9357.022 CONCILIATION COURT FEE.
33.10The court administrator in every county shall charge and collect a filing fee of$50
33.11$65 from every plaintiff and from every defendant when the first paper for that party is
33.12filed in any conciliation court action. This section does not apply to conciliation court
33.13actions filed by the state. The court administrator shall transmit the fees monthly to the
33.14commissioner of finance for deposit in the state treasury and credit to the general fund.
33.15 Sec. 25. Minnesota Statutes 2008, section 357.08, is amended to read:
33.16357.08 PAID BY APPELLANT IN APPEAL.
33.17There shall be paid to the clerk of the appellate courts by the appellant, or moving
33.18party or person requiring the service, in all cases of appeal, certiorari, habeas corpus,
33.19mandamus, injunction, prohibition, or other original proceeding, when initially filed with
33.20the clerk of the appellate courts, the sum of$500 $550 to the clerk of the appellate courts.
33.21An additional filing fee of $100 shall be required for a petition for accelerated review by
33.22the Supreme Court. A filing fee of$500 $550 shall be paid to the clerk of the appellate
33.23courts upon the filing of a petition for review from a decision of the Court of Appeals. A
33.24filing fee of$500 $550 shall be paid to the clerk of the appellate courts upon the filing
33.25of a petition for permission to appeal. A filing fee of $100 shall be paid to the clerk of
33.26the appellate courts upon the filing by a respondent of a notice of review. The clerk shall
33.27transmit the fees to the commissioner of finance for deposit in the state treasury and
33.28credit to the general fund.
33.29The clerk shall not file any paper, issue any writ or certificate, or perform any service
33.30enumerated herein, until the payment has been made for it. The clerk shall pay the sum
33.31into the state treasury as provided for by section15A.01 .
33.32The charges provided for shall not apply to disbarment proceedings, nor to an
33.33action or proceeding by the state taken solely in the public interest, where the state is the
33.34appellant or moving party, nor to copies of the opinions of the court furnished by the clerk
34.1to the parties before judgment, or furnished to the district judge whose decision is under
34.2review, or to such law library associations in counties having a population exceeding
34.350,000, as the court may direct.
34.4 Sec. 26. Minnesota Statutes 2008, section 364.08, is amended to read:
34.5364.08 PRACTICE OF LAW; EXCEPTION.
34.6This chapter shall not apply to the practice of law or judicial branch employment;
34.7but nothing in this section shall be construed to preclude the Supreme Court, in its
34.8discretion, from adopting the policies set forth in this chapter.
34.9 Sec. 27. Minnesota Statutes 2008, section 375.14, is amended to read:
34.10375.14 OFFICES AND SUPPLIES FURNISHED FOR COUNTY OFFICERS.
34.11The county board shall provide offices at the county seat for the auditor, treasurer,
34.12county recorder, sheriff, court administrator of the district court, and an office for the
34.13county engineer at a site determined by the county board, with suitable furniture and
34.14safes and vaults for the security and preservation of the books and papers of the offices,
34.15and provide heating, lighting, and maintenance of the offices. The board shall furnish
34.16all county officers with all books, stationery, letterheads, envelopes, postage, telephone
34.17service, office equipment, electronic technology, and supplies necessary to the discharge
34.18of their respective dutiesand make like provision for the judges of the district court
34.19as necessary to the discharge of their duties within the county or concerning matters
34.20arising in it. The board is not required to furnish any county officer with professional or
34.21technical books or instruments except when the board deems them directly necessary to
34.22the discharge of official duties as part of the permanent equipment of the office.
34.23 Sec. 28. Minnesota Statutes 2008, section 480.15, is amended by adding a subdivision
34.24to read:
34.25 Subd. 10c. Uniform collections policies and procedures for courts. (a) The
34.26state court administrator under the direction of the Judicial Council may promulgate
34.27uniform collections policies and procedures for the courts and may contract with credit
34.28bureaus, public and private collection agencies, the Department of Revenue, and other
34.29public or private entities providing collection services as necessary for the collection
34.30of court debts. The court collection process and procedures are not subject to section
34.3116A.1285. Court debts referred to the Department of Revenue for collection are not
34.32subject to section 16D.07.
35.1(b) Court debt means an amount owed to the state directly or through the judicial
35.2branch on account of a fee, duty, rent, service, overpayment, fine, assessment, surcharge,
35.3court cost, penalty, restitution, damages, interest, bail bond, forfeiture, reimbursement,
35.4liability owed, an assignment to the judicial branch, recovery of costs incurred by the
35.5judicial branch, or any other source of indebtedness to the judicial branch as well as
35.6amounts owed to other public or private entities for which the judicial branch acts in
35.7providing collection services, or any other amount owed to the judicial branch.
35.8(c) The courts must pay for the collection services of public or private collection
35.9entities as well as the cost of one or more court employees to provide collection interface
35.10services between the Department of Revenue, the courts, and one or more collection
35.11entities from the money collected. The portion of the money collected which must be paid
35.12to the collection entity as collection fees and costs and the portion of the money collected
35.13which must be paid to the courts or Department of Revenue for collection services are
35.14appropriated from the fund to which the collected money is due.
35.15(d) As determined by the state court administrator, collection costs shall be added to
35.16the debts referred to a public or private collection entity for collection.
35.17Collection costs shall include the fees of the collection entity, and may include, if
35.18separately provided, skip tracing fees, credit bureau reporting charges, fees assessed
35.19by any public entity for obtaining information necessary for debt collection, or other
35.20collection-related costs. Collection costs shall also include the costs of one or more court
35.21employees employed by the state court administrator to provide a collection interface
35.22between the collection entity, the Department of Revenue, and the courts.
35.23If the collection entity collects an amount less than the total due, the payment is
35.24applied proportionally to collection costs and the underlying debt. Collection costs in
35.25excess of collection agency fees and court employee collection interface costs must be
35.26deposited in the general fund as nondedicated receipts.
35.27 Sec. 29. Minnesota Statutes 2008, section 484.85, is amended to read:
35.28484.85 DISPOSITION OF FINES, FEES, AND OTHER MONEY;
35.29ACCOUNTS; RAMSEY COUNTY DISTRICT COURT.
35.30(a) In the event the Ramsey County District Court takes jurisdiction of a prosecution
35.31for the violation of a statute or ordinance by the state or a governmental subdivision other
35.32than a city or town in Ramsey County, all fines, penalties, and forfeitures collected shall be
35.33paid over to the county treasurer except where a different disposition is provided by law,
35.34and the following fees shall be taxed to the state or governmental subdivision other than
35.35a city or town within Ramsey County which would be entitled to payment of the fines,
36.1forfeitures, or penalties in any case, and shall be paid to the administrator of the court for
36.2disposal of the matter. The administrator shall deduct the fees from any fine collected for
36.3the state of Minnesota or a governmental subdivision other than a city or town within
36.4Ramsey County and transmit the balance in accordance with the law, and the deduction of
36.5the total of the fees each month from the total of all the fines collected is hereby expressly
36.6made an appropriation of funds for payment of the fees:
36.7(1) in all cases where the defendant is brought into court and pleads guilty and is
36.8sentenced, or the matter is otherwise disposed of without a trial, $5;
36.9(2) in arraignments where the defendant waives a preliminary examination, $10;
36.10(3) in all other cases where the defendant stands trial or has a preliminary
36.11examination by the court, $15; and
36.12(4) the court shall have the authority to waive the collection of fees in any particular
36.13case.
36.14(b) On or before the last day of each month, the county treasurer shall pay over
36.15to the treasurer of the city of St. Paul two-thirds of all fines, penalties, and forfeitures
36.16collected and to the treasurer of each other municipality or subdivision of government in
36.17Ramsey County one-half of all fines or penalties collected during the previous month from
36.18those imposed for offenses committed within the treasurer's municipality or subdivision
36.19of government in violation of a statute; an ordinance; or a charter provision, rule, or
36.20regulation of a city. All other fines and forfeitures and all fees and costs collected by the
36.21district court shall be paid to the treasurer of Ramsey County, who shall dispense the
36.22same as provided by law.
36.23(a) In all cases prosecuted in Ramsey County District Court by an attorney for
36.24a municipality or subdivision of government within Ramsey County for violation of
36.25a statute; an ordinance; or a charter provision, rule, or regulation of a city; all fines,
36.26penalties, and forfeitures collected by the court administrator shall be deposited in the state
36.27treasury and distributed according to this paragraph. Except where a different disposition
36.28is provided by section 299D.03, subdivision 5, or other law, on or before the last day of
36.29each month, the court shall pay over all fines, penalties, and forfeitures collected by the
36.30court administrator during the previous month as follows:
36.31(1) for offenses committed within the city of St. Paul, two-thirds paid to the treasurer
36.32of the city of St. Paul and one-third credited to the state general fund; and
36.33(2) for offenses committed within any other municipality or subdivision of
36.34government within Ramsey County, one-half to the treasurer of the municipality or
36.35subdivision of government and one-half credited to the state general fund.
37.1All other fines, penalties, and forfeitures collected by the district court shall be
37.2distributed by the courts as provided by law.
37.3(b) Fines, penalties, and forfeitures shall be distributed as provided in paragraph
37.4(a) when:
37.5(1) a city contracts with the county attorney for prosecutorial services under section
37.6484.87, subdivision 3; or
37.7(2) the attorney general provides assistance to the city attorney under section 484.87,
37.8subdivision 5.
37.9 Sec. 30. Minnesota Statutes 2008, section 484.90, subdivision 6, is amended to read:
37.10 Subd. 6. Allocation.The court administrator shall provide the county treasurer with
37.11the name of the municipality or other subdivision of government where the offense was
37.12committed which employed or provided by contract the arresting or apprehending officer
37.13and the name of the municipality or other subdivision of government which employed the
37.14prosecuting attorney or otherwise provided for prosecution of the offense for each fine or
37.15penalty and the total amount of fines or penalties collected for each municipality or other
37.16subdivision of government. On or before the last day of each month, the county treasurer
37.17shall pay over to the treasurer of each municipality or subdivision of government within
37.18the county all fines or penalties for parking violations for which complaints and warrants
37.19have not been issued and one-third of all fines or penalties collected during the previous
37.20month for offenses committed within the municipality or subdivision of government from
37.21persons arrested or issued citations by officers employed by the municipality or subdivision
37.22or provided by the municipality or subdivision by contract. An additional one-third of all
37.23fines or penalties shall be paid to the municipality or subdivision of government providing
37.24prosecution of offenses of the type for which the fine or penalty is collected occurring
37.25within the municipality or subdivision, imposed for violations of state statute or of an
37.26ordinance, charter provision, rule, or regulation of a city whether or not a guilty plea is
37.27entered or bail is forfeited. Except as provided in section
299D.03, subdivision 5, or as
37.28otherwise provided by law, all other fines and forfeitures and all fees and statutory court
37.29costs collected by the court administrator shall be paid to the county treasurer of the county
37.30in which the funds were collected who shall dispense them as provided by law. In a county
37.31in a judicial district under section
480.181, subdivision 1, paragraph (b), all other fines,
37.32forfeitures, fees, and statutory court costs must be paid to the commissioner of finance for
37.33deposit in the state treasury and credited to the general fund. (a) In all cases prosecuted in
37.34district court by an attorney for a municipality or other subdivision of government within
37.35the county for violations of state statute, or of an ordinance; or charter provision, rule,
38.1or regulation of a city; all fines, penalties, and forfeitures collected shall be deposited in
38.2the state treasury and distributed according to this paragraph. Except where a different
38.3disposition is provided by section 299D.03, subdivision 5, 484.841, 484.85, or other law,
38.4on or before the last day of each month, the courts shall pay over all fines, penalties, and
38.5forfeitures collected by the court administrator during the previous month as follows:
38.6(1) 100 percent of all fines or penalties for parking violations for which complaints
38.7and warrants have not been issued to the treasurer of the city or town in which the offense
38.8was committed; and
38.9(2) two-thirds of all other fines to the treasurer of the city or town in which the
38.10offense was committed and one-third credited to the state general fund.
38.11All other fines, penalties, and forfeitures collected by the court administrator shall be
38.12distributed by the courts as provided by law.
38.13(b) Fines, penalties, and forfeitures shall be distributed as provided in paragraph
38.14(a) when:
38.15(1) a city contracts with the county attorney for prosecutorial services under section
38.16484.87, subdivision 3;
38.17(2) a city has a population of 600 or less and has given the duty to prosecute cases to
38.18the county attorney under section 487.87; or
38.19(3) the attorney general provides assistance to the county attorney as permitted
38.20by law.
38.21 Sec. 31. Minnesota Statutes 2008, section 484.91, subdivision 1, is amended to read:
38.22 Subdivision 1. Establishment. Misdemeanor violations bureaus in the Fourth
38.23Judicial District shall be established inMinneapolis, a southern suburb location, and at
38.24any other northern and western suburban locations dispersed throughout the county as
38.25may be designated by a majority of the judges of the court.
38.26 Sec. 32. Minnesota Statutes 2008, section 491A.02, subdivision 9, is amended to read:
38.27 Subd. 9. Judgment debtor disclosure. Notwithstanding any contrary provision in
38.28rule 518 of the Conciliation Court Rules, unless the parties have otherwise agreed, if a
38.29conciliation court judgment or a judgment of district court on removal from conciliation
38.30court has been docketed in district court, the judgment creditor's attorney as an officer of
38.31the court may or the district court in the county in which the judgment originated shall,
38.32upon request of the judgment creditor, order the judgment debtor to mail to the judgment
38.33creditor information as to the nature, amount, identity, and locations of all the debtor's
38.34assets, liabilities, and personal earning. The information must be provided on a form
39.1prescribed by the Supreme Court, and the information shall be sufficiently detailed to
39.2enable the judgment creditor to obtain satisfaction of the judgment by way of execution on
39.3nonexempt assets and earnings of the judgment debtor. The order must contain a notice
39.4that failure to complete the form and mail it to the judgment creditor within ten days after
39.5service of the order may result in a citation for civil contempt of court. Cash bail posted as
39.6a result of being cited for civil contempt of court order under this section may be ordered
39.7payable to the creditor to satisfy the judgment, either partially or fully.
39.8 Sec. 33. Minnesota Statutes 2008, section 491A.03, subdivision 1, is amended to read:
39.9 Subdivision 1. Judges; referees. The judges of district courtshall may serve as
39.10judges of conciliation court.In the Second and Fourth Judicial Districts, A majority of
39.11the judges The chief judge of the district may appoint one or more suitable persons to act
39.12as referees in conciliation court;a majority of the judges the chief judge of the district
39.13shall establish qualifications for the office, specify the duties and length of service of
39.14referees, and fix their compensationnot to exceed an amount per day determined by the
39.15chief judge of the judicial district.
39.16EFFECTIVE DATE.This section is effective the day following final enactment.
39.17 Sec. 34. Minnesota Statutes 2008, section 525.091, subdivision 1, is amended to read:
39.18 Subdivision 1. Original documents. The court administrator of any county upon
39.19order of the judge exercising probate jurisdiction may destroy all the original documents
39.20in any probate proceeding of record in the officefive years after the file in such proceeding
39.21has been closed provided the original or a Minnesota state archives commission approved
39.22photographic, photostatic, microphotographic, microfilmed, or similarly reproduced copy
39.23of the original of the following enumerated documents in the proceeding are on file in
39.24the office.
39.25Enumerated original documents:
39.26(a) In estates, the jurisdictional petition and proof of publication of the notice of
39.27hearing thereof; will and certificate of probate; letters; inventory and appraisal; orders
39.28directing and confirming sale, mortgage, lease, or for conveyance of real estate; order
39.29setting apart statutory selection; receipts for federal estate taxes and state estate taxes;
39.30orders of distribution and general protection; decrees of distribution; federal estate tax
39.31closing letter, consent to discharge by commissioner of revenue and order discharging
39.32representative; and any amendment of the listed documents.
39.33When an estate is deemed closed as provided in clause (d) of this subdivision, the
39.34enumerated documents shall include all claims of creditors.
40.1(b) In guardianships or conservatorships, the jurisdictional petition and order for
40.2hearing thereof with proof of service; letters; orders directing and confirming sale,
40.3mortgage, lease or for conveyance of real estate; order for restoration to capacity and order
40.4discharging guardian; and any amendment of the listed documents.
40.5(c) In mental, inebriety, and indigent matters, the jurisdictional petition; report of
40.6examination; warrant of commitment; notice of discharge from institution, or notice of
40.7death and order for restoration to capacity; and any amendment of the listed documents.
40.8(d) Except for the enumerated documents described in this subdivision, the court
40.9administrator may destroy all other original documents in any probate proceeding without
40.10retaining any reproduction of the document. For the purpose of this subdivision, a
40.11proceeding is deemed closed if no document has been filed in the proceeding for a period
40.12of 15 years, except in the cases of wills filed for safekeeping and those containing wills of
40.13decedents not adjudicated upon.
40.14 Sec. 35. Minnesota Statutes 2008, section 549.09, subdivision 1, is amended to read:
40.15 Subdivision 1. When owed; rate. (a) When a judgment or award is for the recovery
40.16of money, including a judgment for the recovery of taxes, interest from the time of
40.17the verdict, award, or report until judgment is finally entered shall be computed by the
40.18court administrator or arbitrator as provided in paragraph (c) and added to the judgment
40.19or award.
40.20(b) Except as otherwise provided by contract or allowed by law, preverdict,
40.21preaward, or prereport interest on pecuniary damages shall be computed as provided
40.22in paragraph (c) from the time of the commencement of the action or a demand for
40.23arbitration, or the time of a written notice of claim, whichever occurs first, except as
40.24provided herein. The action must be commenced within two years of a written notice of
40.25claim for interest to begin to accrue from the time of the notice of claim. If either party
40.26serves a written offer of settlement, the other party may serve a written acceptance or a
40.27written counteroffer within 30 days. After that time, interest on the judgment or award
40.28shall be calculated by the judge or arbitrator in the following manner. The prevailing
40.29party shall receive interest on any judgment or award from the time of commencement
40.30of the action or a demand for arbitration, or the time of a written notice of claim, or as
40.31to special damages from the time when special damages were incurred, if later, until the
40.32time of verdict, award, or report only if the amount of its offer is closer to the judgment or
40.33award than the amount of the opposing party's offer. If the amount of the losing party's
40.34offer was closer to the judgment or award than the prevailing party's offer, the prevailing
40.35party shall receive interest only on the amount of the settlement offer or the judgment or
41.1award, whichever is less, and only from the time of commencement of the action or a
41.2demand for arbitration, or the time of a written notice of claim, or as to special damages
41.3from when the special damages were incurred, if later, until the time the settlement offer
41.4was made. Subsequent offers and counteroffers supersede the legal effect of earlier offers
41.5and counteroffers. For the purposes of clause (2), the amount of settlement offer must
41.6be allocated between past and future damages in the same proportion as determined by
41.7the trier of fact. Except as otherwise provided by contract or allowed by law, preverdict,
41.8preaward, or prereport interest shall not be awarded on the following:
41.9(1) judgments, awards, or benefits in workers' compensation cases, but not including
41.10third-party actions;
41.11(2) judgments or awards for future damages;
41.12(3) punitive damages, fines, or other damages that are noncompensatory in nature;
41.13(4) judgments or awards not in excess of the amount specified in section491A.01 ;
41.14and
41.15(5) that portion of any verdict, award, or report which is founded upon interest, or
41.16costs, disbursements, attorney fees, or other similar items added by the court or arbitrator.
41.17(c)(1) For a judgment or award of $50,000 or less, the interest shall be computed as
41.18simple interest per annum. The rate of interest shall be based on the secondary market
41.19yield of one year United States Treasury bills, calculated on a bank discount basis as
41.20provided in this section.
41.21On or before the 20th day of December of each year the state court administrator
41.22shall determine the rate from the one-year constant maturity treasury yield for the most
41.23recent calendar month, reported on a monthly basis in the latest statistical release of the
41.24board of governors of the Federal Reserve System. This yield, rounded to the nearest one
41.25percent, or four percent, whichever is greater, shall be the annual interest rate during the
41.26succeeding calendar year. The state court administrator shall communicate the interest
41.27rates to the court administrators and sheriffs for use in computing the interest on verdicts
41.28and shall make the interest rates available to arbitrators.
41.29(2) For a judgment or award over $50,000, the interest rate shall be ten percent
41.30per year until paid.
41.31(3) When a judgment creditor, or the judgment creditor's attorney or agent, has
41.32received a payment after entry of judgment, whether the payment is made voluntarily by
41.33or on behalf of the judgment debtor, or is collected by legal process other than execution
41.34levy where a proper return has been filed with the court administrator, the judgment
41.35creditor, or the judgment creditor's attorney, before applying to the court administrator
41.36for an execution shall file with the court administrator an affidavit of partial satisfaction.
42.1The affidavit must state the dates and amounts of payments made upon the judgment after
42.2the most recent affidavit of partial satisfaction filed, if any; the part of each payment that
42.3is applied to taxable disbursements and to accrued interest and to the unpaid principal
42.4balance of the judgment; and the accrued, but the unpaid interest owing, if any, after
42.5application of each payment.
42.6(d) This section does not apply to arbitrations between employers and employees
42.7under chapter 179 or 179A. An arbitrator is neither required to nor prohibited from
42.8awarding interest under chapter 179 or under section179A.16 for essential employees.
42.9EFFECTIVE DATE.This section is effective August 1, 2009, and applies to
42.10judgments and awards finally entered on or after that date.
42.11 Sec. 36. Minnesota Statutes 2008, section 550.011, is amended to read:
42.12550.011 JUDGMENT DEBTOR DISCLOSURE.
42.13Unless the parties have otherwise agreed, if a judgment has been docketed in
42.14district court for at least 30 days, and the judgment is not satisfied, the judgment creditor's
42.15attorney as an officer of the court may or the district court in the county in which the
42.16judgment originated shall, upon request of the judgment creditor, order the judgment
42.17debtor to mail by certified mail to the judgment creditor information as to the nature,
42.18amount, identity, and locations of all the debtor's assets, liabilities, and personal earnings.
42.19The information must be provided on a form prescribed by the Supreme Court, and
42.20the information shall be sufficiently detailed to enable the judgment creditor to obtain
42.21satisfaction of the judgment by way of execution on nonexempt assets and earnings of the
42.22judgment debtor. The order must contain a notice that failure to complete the form and
42.23mail it to the judgment creditor within ten days after service of the order may result in a
42.24citation for civil contempt of court. Cash bail posted as a result of being cited for civil
42.25contempt of court order under this section may be ordered payable to the creditor to
42.26satisfy the judgment, either partially or fully.
42.27 Sec. 37. Minnesota Statutes 2008, section 609.035, subdivision 2, is amended to read:
42.28 Subd. 2. Consecutive sentences. (a) When a person is being sentenced for a
42.29violation of a provision listed in paragraph (e), the court may sentence the person to a
42.30consecutive term of imprisonment for a violation of any other provision listed in paragraph
42.31(e), notwithstanding the fact that the offenses arose out of the same course of conduct,
42.32subject to the limitation on consecutive sentences contained in section609.15, subdivision
42.332 , and except as provided in paragraphs (b), (c), and (f) of this subdivision.
43.1(b) When a person is being sentenced for a violation of section171.09 ,
171.20 ,
43.2171.24
, or
171.30 , the court may not impose a consecutive sentence for another violation
43.3of a provision in chapter 171.
43.4(c) When a person is being sentenced for a violation of section169.791 or
169.797 ,
43.5the court may not impose a consecutive sentence for another violation of a provision
43.6of sections169.79 to
169.7995 .
43.7(d) This subdivision does not limit the authority of the court to impose consecutive
43.8sentences for crimes arising on different dates or to impose a consecutive sentence when a
43.9person is being sentenced for a crime and is also in violation of the conditions of a stayed
43.10or otherwise deferred sentence under section609.135 .
43.11(e) This subdivision applies to misdemeanor and gross misdemeanor violations of
43.12the following if the offender has two or more prior impaired driving convictions as defined
43.13in section169A.03 within the past ten years:
43.14(1) section169A.20, subdivision 1, 1a, 1b, or 1c , driving while impaired;
43.15(2) section169A.20, subdivision 2 , test refusal;
43.16(3) section169.791 , failure to provide proof of insurance;
43.17(4) section169.797 , failure to provide vehicle insurance;
43.18(5) section171.09 , violation of condition of restricted license;
43.19(6) section171.20, subdivision 2 , operation after revocation, suspension,
43.20cancellation, or disqualification;
43.21(7) section171.24 , driving without valid license; and
43.22(8) section171.30 , violation of condition of limited license.
43.23(f) When a court is sentencing an offender for a violation of section169A.20 and a
43.24violation of an offense listed in paragraph (e), and the offender has five or more qualified
43.25prior impaired driving incidents, as defined in section169A.03 , within the past ten years,
43.26the court shall sentence the offender to serve consecutive sentences for the offenses,
43.27notwithstanding the fact that the offenses arose out of the same course of conduct.
43.28EFFECTIVE DATE.This section is effective July 1, 2009, and applies to crimes
43.29committed on or after that date.
43.30 Sec. 38. [609.092] JUVENILE PETTY OFFENDERS; USE OF RESTORATIVE
43.31JUSTICE.
43.32 Subdivision 1. First-time juvenile petty offenders; applicability; procedure. (a)
43.33This subdivision applies to a child alleged to be a juvenile petty offender who:
43.34(1) has not been previously adjudicated delinquent or as a petty offender;
44.1(2) has not previously participated in or completed a diversion program for an
44.2offense;
44.3(3) has not previously been placed on probation without an adjudication for an
44.4offense or received a continuance under section 260B.198, subdivision 7; and
44.5(4) agrees to successfully complete a restorative justice program under this section.
44.6(b) Subject to subdivision 6, the prosecutor shall refer a child described in paragraph
44.7(a) to a restorative justice program or provider that has been included on the approved
44.8provider list described in subdivision 4. The program or provider shall arrange an
44.9appropriate outcome for the matter using restorative justice concepts. The program
44.10or provider shall involve the victim of the offense in the proceedings. If the victim
44.11is unwilling or unable to proceed, or if there is no identifiable victim, the program or
44.12provider shall ensure that someone serves as a proxy for the victim. The program or
44.13provider and child, along with other participants, shall agree in writing to an appropriate
44.14sanction for the child. The sanction may include any of the dispositions authorized in
44.15section 260B.235, if appropriate, along with any other sanctions agreed to.
44.16 Subd. 2. Failure to comply. If a person fails to comply with the settlement
44.17agreement, the person shall be referred back to the court for further proceedings.
44.18 Subd. 3. Dismissal of charge. Upon the successful completion by a person of the
44.19sanctions agreed to in the settlement agreement, the program or provider shall notify the
44.20court and the court shall dismiss the charge against the person.
44.21 Subd. 4. Approved list. The prosecutor shall maintain a list of approved restorative
44.22justice programs and providers to which persons may be referred under this section.
44.23 Subd. 5. Preference for culturally specific programs. If a restorative justice
44.24program or provider that is tailored in a more culturally specific manner to the person is
44.25on the list of approved providers under subdivision 4, and the prosecutor is referring the
44.26person to a restorative justice program or provider under this section, the prosecutor shall
44.27refer the person to the more appropriate program or provider.
44.28 Subd. 6. Exceptions; availability of programs; diversion alternatives; domestic
44.29abuse. This section applies only in jurisdictions where suitable restorative justice
44.30programs and providers are available and are able to accept the referral. This section does
44.31not apply if a prosecutor has determined that a nonrestorative justice diversion program is
44.32more appropriate for the person. In addition, this section does not apply to cases involving
44.33domestic violence or domestic assault.
44.34 Subd. 7. Definition. As used in this section, "restorative justice" has the meaning
44.35given in section 611A.775. The term also includes Native American sentencing circles.
45.1 Sec. 39. Minnesota Statutes 2008, section 609.10, subdivision 1, is amended to read:
45.2 Subdivision 1. Sentences available. (a) Upon conviction of a felony and compliance
45.3with the other provisions of this chapter the court, if it imposes sentence, may sentence
45.4the defendant to the extent authorized by law as follows:
45.5(1) to life imprisonment; or
45.6(2) to imprisonment for a fixed term of years set by the court; or
45.7(3) to both imprisonment for a fixed term of years and payment of a fine; or
45.8(4) to payment of a fine without imprisonmentor to imprisonment for a fixed term of
45.9years if the fine is not paid or as an intermediate sanction on a stayed sentence; or
45.10(5) to payment of court-ordered restitution in addition to either imprisonment
45.11or payment of a fine, or both; or
45.12(6) to payment of a local correctional fee as authorized under section609.102 in
45.13addition to any other sentence imposed by the court.
45.14(b) If the court imposes a fine or orders restitution under paragraph (a), payment is
45.15due on the date imposed unless the court otherwise establishes a due date or a payment
45.16plan.
45.17 Sec. 40. Minnesota Statutes 2008, section 609.101, subdivision 3, is amended to read:
45.18 Subd. 3. Controlled substance offenses; minimum fines. (a) Notwithstanding any
45.19other law, when a court sentences a person convicted of a controlled substance crime
45.20under sections152.021 to
152.025 and
152.0262 , it must impose a fine of not less than
45.2130 percent of the maximum fine authorized by law nor more than the maximum fine
45.22authorized by law.
45.23(b) The minimum fine required by this subdivision is in addition to the surcharge or
45.24assessment required by section357.021, subdivision 6 , and is in addition to any sentence
45.25of imprisonment or restitution imposed or ordered by the court.
45.26(c) The court shall collect the fine mandated by this subdivision and forward 70
45.27percent of it to a local drug abuse prevention or intervention program existing or being
45.28implemented in the county in which the crime was committed. The court shall forward the
45.29remaining 30 percent to the commissioner of finance to be credited to the general fund. If
45.30more than one drug abuse prevention or intervention program serves the county in which
45.31the crime was committed, the court may designate on a case-by-case basis which program
45.32will receive the fine proceeds, giving consideration to the community in which the crime
45.33was committed, the funding needs of the program, the number of peace officers in each
45.34community certified to teach the program, and the number of children served by the
45.35program in each community. If no drug abuse prevention or intervention program serves
46.1communities in that county, the court shall forward 100 percent of the fine proceeds to the
46.2commissioner of finance to be credited to the general fund.
46.3(d) The minimum fines required by this subdivision shall be collected as are other
46.4fines. Fine proceeds received by a local drug abuse prevention or intervention program
46.5must be used to support that program, and may be used for salaries of program staff or
46.6peace officers certified to teach the program. Thedrug abuse resistance education program
46.7must report receipt and use of money generated under this subdivisionas prescribed by
46.8the Drug Abuse Resistance Education Advisory Council to the state court administrator
46.9by January 15 of each year. The state court administrator must make this information
46.10available upon request.
46.11(e) As used in this subdivision, "drug abuse prevention or intervention program"
46.12and "program" include:
46.13(1) the drug abuse resistance education program described in section299A.33 ; and
46.14(2)any similar a drug abuse education and prevention program that includes the
46.15following components:
46.16(i) instruction for students enrolled in kindergarten through grade six that is
46.17designed to teach students to recognize and resist pressures to experiment with controlled
46.18substances and alcohol;
46.19(ii) provisions for parental involvement;
46.20(iii) classroom instruction by uniformed law enforcement personnel;
46.21(iv) the use of positive student leaders to influence younger students not to use
46.22drugs; and
46.23(v) an emphasis on activity-oriented techniques designed to encourage
46.24student-generated responses to problem-solving situations; and
46.25(3) a juvenile court program that:
46.26(i) provides intervention strategies to reduce drug abuse and criminal behavior
46.27in juvenile offenders; and
46.28(ii) promotes local drug abuse prevention efforts within the community.
46.29 Sec. 41. Minnesota Statutes 2008, section 609.101, subdivision 4, is amended to read:
46.30 Subd. 4. Minimum fines; other crimes. Notwithstanding any other law:
46.31(1) when a court sentences a person convicted of a felony that is not listed in
46.32subdivision 2 or 3, it must impose a fine of not less than 30 percent of the maximum fine
46.33authorized by law nor more than the maximum fine authorized by law; and
46.34(2) when a court sentences a person convicted of a gross misdemeanor or
46.35misdemeanor that is not listed in subdivision 2, it must impose a fine of not less than
47.130 percent of the maximum fine authorized by law nor more than the maximum fine
47.2authorized by law, unless the fine is set at a lower amount on a uniform fine schedule
47.3established by the Judicial Council in consultation with affected state and local agencies.
47.4This schedule shall be promulgated not later than September 1 of each year and shall
47.5become effective on January 1 of the next year unless the legislature, by law, provides
47.6otherwise.
47.7The minimum fine required by this subdivision is in addition to the surcharge or
47.8assessment required by section357.021, subdivision 6 , and is in addition to any sentence
47.9of imprisonment or restitution imposed or ordered by the court.
47.10The court shall collect the fines mandated in this subdivision and, except for fines for
47.11traffic and motor vehicle violations governed by section
169.871 and section
299D.03 and
47.12fish and game violations governed by section
97A.065, forward 20 percent of the revenues
47.13to the commissioner of finance for deposit in the general fund.
47.14 Sec. 42. [609.104] FINE AND SURCHARGE COLLECTION.
47.15 Subdivision 1. Failure to pay restitution or fine. (a) Any portion of a fine,
47.16surcharge, court cost, restitution, or fee that the defendant fails to pay by the due date may
47.17be referred for collection under section 480.15, subdivision 10c. If the defendant has
47.18agreed to a payment plan but fails to pay an installment when due, the entire amount
47.19remaining becomes due and payable and may be referred for collection under section
47.20480.15, subdivision 10c.
47.21(b) The defendant may contest the referral for collection based on inability to pay by
47.22requesting a hearing no later than the due date. The defendant shall be notified in writing
47.23at sentencing that under section 480.15, subdivision 10c, the court may refer the case for
47.24collection for nonpayment, and collection costs may be added to the amount due. The
47.25defendant shall also be notified in writing of the right to contest a referral for collection.
47.26The state court administrator shall develop the notice language.
47.27 Subd. 2. Fine and surcharge collection. (a) A defendant's obligation to pay
47.28court-ordered fines, surcharges, court costs, restitution, and fees shall survive after the due
47.29date for a period set by the Judicial Council.
47.30(b) Any change in the collection period established by the Judicial Council shall be
47.31effective on court-ordered fines, surcharges, court costs, restitution, and fees imposed on
47.32or after the effective date of this section.
47.33(c) The period relating to a defendant's obligation to pay restitution under paragraph
47.34(a) does not limit the victim's right to collect restitution through other means such as a
47.35civil judgment.
48.1(d) Nothing in this subdivision extends the period of a defendant's stay of sentence
48.2imposition or execution.
48.3 Sec. 43. Minnesota Statutes 2008, section 609.125, subdivision 1, is amended to read:
48.4 Subdivision 1. Sentences available. (a) Upon conviction of a misdemeanor or gross
48.5misdemeanor the court, if sentence is imposed, may, to the extent authorized by law,
48.6sentence the defendant:
48.7(1) to imprisonment for a definite term; or
48.8(2) to payment of a fine, or to imprisonment for a specified term if the fine is not paid
48.9without imprisonment or as an intermediate sanction on a stayed sentence; or
48.10(3) to both imprisonment for a definite term and payment of a fine; or
48.11(4) to payment of court-ordered restitution in addition to either imprisonment
48.12or payment of a fine, or both; or
48.13(5) to payment of a local correctional fee as authorized under section609.102 in
48.14addition to any other sentence imposed by the court; or
48.15(6) to perform work service in a restorative justice program in addition to any other
48.16sentence imposed by the court.
48.17(b) If the court imposes a fine or orders restitution under paragraph (a), payment is
48.18due on the date imposed unless the court otherwise establishes a due date or a payment
48.19plan.
48.20 Sec. 44. Minnesota Statutes 2008, section 609.135, subdivision 1, is amended to read:
48.21 Subdivision 1. Terms and conditions. (a) Except when a sentence of life
48.22imprisonment is required by law, or when a mandatory minimum sentence is required by
48.23section609.11 , any court may stay imposition or execution of sentence and:
48.24(1) may order intermediate sanctions without placing the defendant on probation; or
48.25(2) may place the defendant on probation with or without supervision and on the
48.26terms the court prescribes, including intermediate sanctions when practicable. The court
48.27may order the supervision to be under the probation officer of the court, or, if there is
48.28none and the conviction is for a felony or gross misdemeanor, by the commissioner of
48.29corrections, or in any case by some other suitable and consenting person. Unless the court
48.30directs otherwise, state parole and probation agents and probation officers may impose
48.31community work service or probation violation sanctions, consistent with section243.05,
48.32subdivision 1 ; sections
244.196 to
244.199 ; or
401.02, subdivision 5 .
49.1No intermediate sanction may be ordered performed at a location that fails to
49.2observe applicable requirements or standards of chapter 181A or 182, or any rule
49.3promulgated under them.
49.4(b) For purposes of this subdivision, subdivision 6, and section609.14 , the term
49.5"intermediate sanctions" includes but is not limited to incarceration in a local jail or
49.6workhouse, home detention, electronic monitoring, intensive probation, sentencing to
49.7service, reporting to a day reporting center, chemical dependency or mental health
49.8treatment or counseling, restitution, fines, day-fines, community work service, work
49.9service in a restorative justice program, work in lieu of or to work off fines and, with the
49.10victim's consent, work in lieu of or to work off restitution.
49.11(c) A court may not stay the revocation of the driver's license of a person convicted
49.12of violating the provisions of section169A.20 .
49.13(d) If the court orders a fine, day-fine, or restitution as an intermediate sanction,
49.14payment is due on the date imposed unless the court otherwise establishes a due date
49.15or a payment plan.
49.16 Sec. 45. Minnesota Statutes 2008, section 609.135, subdivision 1a, is amended to read:
49.17 Subd. 1a. Failure to pay restitutionor fine. If the court orders payment of
49.18restitutionor a fine as a condition of probation and if the defendant fails to pay the
49.19restitutionor a fine in accordance with the payment schedule or structure established
49.20by the court or the probation officer, the prosecutor or the defendant's probation officer
49.21may, on the prosecutor's or the officer's own motion or at the request of the victim,
49.22ask the court to hold a hearing to determine whether or not the conditions of probation
49.23should be changed or probation should be revoked. The defendant's probation officer
49.24shall ask for the hearing if the restitutionor fine ordered has not been paid prior to 60
49.25days before the term of probation expires. The court shall schedule and hold this hearing
49.26and take appropriate action, including action under subdivision 2, paragraph (g), before
49.27the defendant's term of probation expires.
49.28Nothing in this subdivision limits the court's ability to refer the case to collections
49.29under section 609.104 when a defendant fails to pay court-ordered restitution.
49.30 Sec. 46. Minnesota Statutes 2008, section 609.135, subdivision 2, is amended to read:
49.31 Subd. 2. Stay of sentence maximum periods. (a) If the conviction is for a felony
49.32other than section609.21, subdivision 1a , paragraph (b) or (c), the stay shall be for not
49.33more than four years or the maximum period for which the sentence of imprisonment
49.34might have been imposed, whichever is longer.
50.1(b) If the conviction is for a gross misdemeanor violation of section169A.20
50.2or609.21, subdivision 1a , paragraph (d), or for a felony described in section
609.21,
50.3subdivision 1a , paragraph (b) or (c), the stay shall be for not more than six years. The
50.4court shall provide for unsupervised probation for the last year of the stay unless the court
50.5finds that the defendant needs supervised probation for all or part of the last year.
50.6(c) If the conviction is for a gross misdemeanor not specified in paragraph (b), the
50.7stay shall be for not more than two years.
50.8(d) If the conviction is for any misdemeanor under section169A.20 ;
609.746,
50.9subdivision 1 ;
609.79 ; or
617.23 ; or for a misdemeanor under section
609.2242 or
50.10609.224, subdivision 1
, in which the victim of the crime was a family or household
50.11member as defined in section518B.01 , the stay shall be for not more than two years. The
50.12court shall provide for unsupervised probation for the second year of the stay unless the
50.13court finds that the defendant needs supervised probation for all or part of the second year.
50.14(e) If the conviction is for a misdemeanor not specified in paragraph (d), the stay
50.15shall be for not more than one year.
50.16(f) The defendant shall be discharged six months after the term of the stay expires,
50.17unless the stay has been revoked or extended under paragraph (g), or the defendant has
50.18already been discharged.
50.19(g) Notwithstanding the maximum periods specified for stays of sentences under
50.20paragraphs (a) to (f), a court may extend a defendant's term of probation for up to one year
50.21if it finds, at a hearing conducted under subdivision 1a, that:
50.22(1) the defendant has not paid court-ordered restitutionor a fine in accordance
50.23with the payment schedule or structure; and
50.24(2) the defendant is likely to not pay the restitutionor fine the defendant owes before
50.25the term of probation expires.
50.26This one-year extension of probation for failure to pay restitutionor a fine may be
50.27extended by the court for up to one additional year if the court finds, at another hearing
50.28conducted under subdivision 1a, that the defendant still has not paid the court-ordered
50.29restitutionor fine that the defendant owes.
50.30Nothing in this subdivision limits the court's ability to refer the case to collections
50.31under section 609.104.
50.32(h) Notwithstanding the maximum periods specified for stays of sentences under
50.33paragraphs (a) to (f), a court may extend a defendant's term of probation for up to three
50.34years if it finds, at a hearing conducted under subdivision 1c, that:
50.35(1) the defendant has failed to complete court-ordered treatment successfully; and
51.1(2) the defendant is likely not to complete court-ordered treatment before the term of
51.2probation expires.
51.3 Sec. 47. Minnesota Statutes 2008, section 611.17, is amended to read:
51.4611.17 FINANCIAL INQUIRY; STATEMENTS; CO-PAYMENT;
51.5STANDARDS FOR DISTRICT PUBLIC DEFENSE ELIGIBILITY.
51.6 (a) Each judicial district must screen requests for representation by the district public
51.7defender. A defendant is financially unable to obtain counsel if:
51.8 (1) the defendant, or any dependent of the defendant who resides in the same
51.9household as the defendant, receives means-tested governmental benefits; or
51.10 (2) the defendant, through any combination of liquid assets and current income,
51.11would be unable to pay the reasonable costs charged by private counsel in that judicial
51.12district for a defense of the same matter.
51.13 (b) Upon a request for the appointment of counsel, the court shall make appropriate
51.14inquiry into the financial circumstances of the applicant, who shall submit a financial
51.15statement under oath or affirmation setting forth the applicant's assets and liabilities,
51.16including the value of any real property owned by the applicant, whether homestead or
51.17otherwise, less the amount of any encumbrances on the real property, the source or sources
51.18of income, and any other information required by the court. The applicant shall be under
51.19a continuing duty while represented by a public defender to disclose any changes in the
51.20applicant's financial circumstances that might be relevant to the applicant's eligibility for a
51.21public defender. The state public defender shall furnish appropriate forms for the financial
51.22statements. The forms must contain conspicuous notice of the applicant's continuing duty
51.23to disclose to the court changes in the applicant's financial circumstances. The forms must
51.24also contain conspicuous notice of the applicant's obligation to make a co-payment for the
51.25services of the district public defender, as specified under paragraph (c). The information
51.26contained in the statement shall be confidential and for the exclusive use of the court
51.27and the public defender appointed by the court to represent the applicant except for any
51.28prosecution under section609.48 . A refusal to execute the financial statement or produce
51.29financial records constitutes a waiver of the right to the appointment of a public defender.
51.30The court shall not appoint a district public defender to a defendant who is financially able
51.31to retain private counsel but refuses to do so.
51.32 An inquiry to determine financial eligibility of a defendant for the appointment of
51.33the district public defender shall be made whenever possible prior to the court appearance
51.34and by such persons as the court may direct. This inquiry may be combined with the
51.35prerelease investigation provided for in Minnesota Rule of Criminal Procedure6.02,
52.1subdivision 3 . In no case shall the district public defender be required to perform this
52.2inquiry or investigate the defendant's assets or eligibility. The court has the sole duty to
52.3conduct a financial inquiry. The inquiry must include the following:
52.4 (1) the liquidity of real estate assets, including the defendant's homestead;
52.5 (2) any assets that can be readily converted to cash or used to secure a debt;
52.6 (3) the determination of whether the transfer of an asset is voidable as a fraudulent
52.7conveyance; and
52.8 (4) the value of all property transfers occurring on or after the date of the alleged
52.9offense. The burden is on the accused to show that he or she is financially unable to afford
52.10counsel. Defendants who fail to provide information necessary to determine eligibility
52.11shall be deemed ineligible. The court must not appoint the district public defender as
52.12advisory counsel.
52.13 (c) Upon disposition of the case, an individual who has received public defender
52.14services shall pay to the court a$28 $75 co-payment for representation provided by a
52.15public defender, unless the co-payment is, or has been, waived by the court.
52.16 The co-payment must be credited to the general fund. If a term of probation is
52.17imposed as a part of an offender's sentence, the co-payment required by this section must
52.18not be made a condition of probation. The co-payment required by this section is a civil
52.19obligation and must not be made a condition of a criminal sentence.
52.20 Sec. 48. Minnesota Statutes 2008, section 631.48, is amended to read:
52.21631.48 SENTENCE; COSTS OF PROSECUTION.
52.22In a criminal action, upon conviction of the defendant, the court may order as part of
52.23the sentence that defendant shall pay the whole or any part of the disbursements of the
52.24prosecution, including disbursements made to extradite a defendant. The court may order
52.25this payment in addition to any other penalty authorized by law which it may impose. The
52.26payment of the disbursements of prosecution may be enforced in the same manner as the
52.27sentence, or by execution against property. When collected, the disbursementsmust be
52.28paid into the treasury of the county of conviction, but of ordered prosecution costs shall be
52.29paid to the municipality or subdivision of government which employed the prosecuting
52.30attorney or otherwise provided for prosecution of the case. This payment may not interfere
52.31with the payment of officers', witnesses', or jurors' fees.
52.32 Sec. 49. PUBLIC DEFENDER FEE.
52.33 Subdivision 1. Authorization. (a) The Supreme Court, through the lawyer
52.34registration office, may assess a public defender fee on each licensed attorney in the
53.1state. If imposed, the fee must not be more than $75 or less than the civil legal services
53.2fee established by the Supreme Court in 1997 that licensed attorneys are required to pay
53.3pursuant to the rules of the supreme court on lawyer registration.
53.4(b) The fee described in paragraph (a) may apply only to attorneys actively engaged
53.5in the practice of law.
53.6 Subd. 2. Creation of account. The public defender fee account is created in the
53.7special revenue fund. The state court administrator shall forward fees collected under
53.8subdivision 1 to the commissioner of finance who shall deposit them in the state treasury
53.9and credit them to this account. Money in the account is appropriated to the Board
53.10of Public Defense.
53.11 Sec. 50. REPEALER.
53.12(a) Minnesota Statutes 2008, section 152.0262, subdivision 2, is repealed effective
53.13July 1, 2009, and applies to crimes committed on or after that date.
53.14(b) Minnesota Statutes 2008, sections 383B.65, subdivision 2; 484.90, subdivisions
53.151, 2, and 3; 487.08, subdivisions 1, 2, 3, and 5; and 609.135, subdivision 8, are repealed.
53.18 Section 1. Minnesota Statutes 2008, section 3.195, subdivision 1, is amended to read:
53.19 Subdivision 1. Distribution of reports. (a) Except as provided in subdivision
53.204, a report to the legislature required of a department or agency shall be made, unless
53.21otherwise specifically required by law, by filing one copy with the secretary of the senate,
53.22one copy with the chief clerk of the house of representatives, and six copies with the
53.23Legislative Reference Library. The same distribution procedure shall be followed for
53.24other reports and publications unless otherwise requested by a legislator or the Legislative
53.25Reference Library.
53.26(b) A public entity as defined in section16B.122 , shall not distribute a report
53.27or publication to a member or employee of the legislature, except the secretary of the
53.28senate, the chief clerk of the house of representatives, and the Legislative Reference
53.29Library, unless the entity has determined that the member or employee wants the reports
53.30or publications published by that entity or the member or employee has requested the
53.31report or publication. This prohibition applies to both mandatory and voluntary reports
53.32and publications. A report or publication may be summarized in an executive summary
53.33and distributed as the entity chooses. Distribution of a report to legislative committee
54.1or commission members during a committee or commission hearing is not prohibited
54.2by this section.
54.3(c) A report or publication produced by a public entity may not be sent to both the
54.4home address and the office address of a representative or senator unless mailing to both
54.5addresses is requested by the representative or senator.
54.6(d) Reports, publications, periodicals, and summaries under this subdivision must
54.7be printed in a manner consistent with section16B.122 .
54.8 Sec. 2. Minnesota Statutes 2008, section 3.195, is amended by adding a subdivision to
54.9read:
54.10 Subd. 4. Reports of criminal justice agencies; electronic versions only. (a) As
54.11used in this subdivision, "criminal justice agency" means the Departments of Corrections,
54.12Public Safety, and Human Rights; the Boards of Public Defense, Peace Officer Standards
54.13and Training, Private Detective and Protective Agent Services, and Judicial Standards; the
54.14Sentencing Guidelines and Uniform Laws Commissions; and the courts.
54.15(b) A criminal justice agency that submits a report to the legislature under this
54.16section shall do so by submitting an electronic version rather than a printed one.
54.17Notwithstanding subdivision 1, paragraph (a), and section 15.18, the agency need submit
54.18only one electronic copy to the Legislative Reference Library, the State Library, and the
54.19Minnesota Historical Society. In addition, the agency shall submit one printed copy to
54.20the Legislative Reference Library.
54.21 Sec. 3. Minnesota Statutes 2008, section 152.025, subdivision 1, is amended to read:
54.22 Subdivision 1. Sale crimes. (a) A person is guilty of controlled substance crime in
54.23the fifth degree and if convicted may be sentenced to imprisonment for not more than five
54.24years or to payment of a fine of not more than $10,000, or both if:
54.25(1) the person unlawfully sells one or more mixtures containing marijuana or
54.26tetrahydrocannabinols, except a small amount of marijuana for no remuneration; or
54.27(2) the person unlawfully sells one or more mixtures containing a controlled
54.28substance classified in schedule IV.
54.29(b) Except as provided in paragraph (c), if a person is guilty of controlled substance
54.30crime in the fifth degree and the conviction is a subsequent controlled substance
54.31conviction, the person convicted shall be committed to the commissioner of corrections or
54.32to a local correctional authority for not less than six months nor more than ten years and,
54.33in addition, may be sentenced to payment of a fine of not more than $20,000 if:
55.1(1) the person unlawfully sells one or more mixtures containing marijuana or
55.2tetrahydrocannabinols, except a small amount of marijuana for no remuneration; or
55.3(2) the person unlawfully sells one or more mixtures containing a controlled
55.4substance classified in schedule IV.
55.5(c) Prior to the time of sentencing, the prosecutor may file a motion to have the
55.6person sentenced without regard to the mandatory minimum sentence established by
55.7paragraph (b). The motion must be accompanied by a statement on the record of the
55.8reasons for it. When presented with the motion, or on its own motion, the court may
55.9sentence the person without regard to the mandatory minimum sentence if the court finds,
55.10on the record, substantial and compelling reasons to do so. Sentencing a person in this
55.11manner is a departure from the sentencing guidelines.
55.12EFFECTIVE DATE.This section is effective July 1, 2009, and applies to crimes
55.13committed on or after that date.
55.14 Sec. 4. Minnesota Statutes 2008, section 152.025, subdivision 2, is amended to read:
55.15 Subd. 2. Possession and other crimes. (a) A person is guilty of controlled
55.16substance crime in the fifth degree and if convicted may be sentenced to imprisonment for
55.17not more than five years or to payment of a fine of not more than $10,000, or both if:
55.18(1) the person unlawfully possesses one or more mixtures containing a controlled
55.19substance classified in schedule I, II, III, or IV, except a small amount of marijuana; or
55.20(2) the person procures, attempts to procure, possesses, or has control over a
55.21controlled substance by any of the following means:
55.22(i) fraud, deceit, misrepresentation, or subterfuge;
55.23(ii) using a false name or giving false credit; or
55.24(iii) falsely assuming the title of, or falsely representing any person to be, a
55.25manufacturer, wholesaler, pharmacist, physician, doctor of osteopathy licensed to practice
55.26medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of
55.27obtaining a controlled substance.
55.28(b) Except as provided in paragraph (c), if a person is guilty of controlled substance
55.29crime in the fifth degree and the conviction is a subsequent controlled substance
55.30conviction, the person convicted shall be committed to the commissioner of corrections or
55.31to a local correctional authority for not less than six months nor more than ten years and,
55.32in addition, may be sentenced to payment of a fine of not more than $20,000 if:
55.33(1) the person unlawfully possesses one or more mixtures containing a controlled
55.34substance classified in schedule I, II, III, or IV, except a small amount of marijuana; or
56.1(2) the person procures, attempts to procure, possesses, or has control over a
56.2controlled substance by any of the following means:
56.3(i) fraud, deceit, misrepresentation, or subterfuge;
56.4(ii) using a false name or giving false credit; or
56.5(iii) falsely assuming the title of, or falsely representing any person to be, a
56.6manufacturer, wholesaler, pharmacist, physician, doctor of osteopathy licensed to practice
56.7medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of
56.8obtaining a controlled substance.
56.9(c) Prior to the time of sentencing, the prosecutor may file a motion to have the
56.10person sentenced without regard to the mandatory minimum sentence established by
56.11paragraph (b). The motion must be accompanied by a statement on the record of the
56.12reasons for it. When presented with the motion, or on its own motion, the court may
56.13sentence the person without regard to the mandatory minimum sentence if the court finds,
56.14on the record, substantial and compelling reasons to do so. Sentencing a person in this
56.15manner is a departure from the sentencing guidelines.
56.16EFFECTIVE DATE.This section is effective July 1, 2009, and applies to crimes
56.17committed on or after that date.
56.18 Sec. 5. Minnesota Statutes 2008, section 171.29, subdivision 2, is amended to read:
56.19 Subd. 2. Reinstatement fees and surcharges allocated and appropriated. (a)
56.20An individual whose driver's license has been revoked as provided in subdivision 1,
56.21except under section169A.52 ,
169A.54 , or
609.21 , must pay a $30 fee before the driver's
56.22license is reinstated.
56.23 (b) A person whose driver's license has been revoked as provided in subdivision 1
56.24under section169A.52 ,
169A.54 , or
609.21 , must pay a $250 fee plus a $430 surcharge
56.25before the driver's license is reinstated, except as provided in paragraph (f). The $250
56.26fee is to be credited as follows:
56.27 (1) Twenty percent must be credited to the driver services operating account in the
56.28special revenue fund as specified in section299A.705 .
56.29 (2) Sixty-seven percent must be credited to the general fund.
56.30 (3) Eight percent must be credited to a separate account to be known as the Bureau of
56.31Criminal Apprehension account. Money in this accountmay be is annually appropriated
56.32to the commissioner of public safety and the appropriated amount must be apportioned
56.3380 percent for laboratory costs and 20 percent for carrying out the provisions of section
56.34299C.065
.
57.1 (4) Five percent must be credited to a separate account to be known as the vehicle
57.2forfeiture account, which is created in the special revenue fund. The money in the account
57.3is annually appropriated to the commissioner for costs of handling vehicle forfeitures.
57.4 (c) The revenue from $50 of the surcharge must be credited to a separate account
57.5to be known as the traumatic brain injury and spinal cord injury account. The revenue
57.6from $50 of the surcharge on a reinstatement under paragraph (f) is credited from the
57.7first installment payment to the traumatic brain injury and spinal cord injury account.
57.8The money in the account is annually appropriated to the commissioner of health to be
57.9used as follows: 83 percent for contracts with a qualified community-based organization
57.10to provide information, resources, and support to assist persons with traumatic brain
57.11injury and their families to access services, and 17 percent to maintain the traumatic
57.12brain injury and spinal cord injury registry created in section144.662 . For the purposes
57.13of this paragraph, a "qualified community-based organization" is a private, not-for-profit
57.14organization of consumers of traumatic brain injury services and their family members.
57.15The organization must be registered with the United States Internal Revenue Service under
57.16section 501(c)(3) as a tax-exempt organization and must have as its purposes:
57.17 (1) the promotion of public, family, survivor, and professional awareness of the
57.18incidence and consequences of traumatic brain injury;
57.19 (2) the provision of a network of support for persons with traumatic brain injury,
57.20their families, and friends;
57.21 (3) the development and support of programs and services to prevent traumatic
57.22brain injury;
57.23 (4) the establishment of education programs for persons with traumatic brain injury;
57.24and
57.25 (5) the empowerment of persons with traumatic brain injury through participation
57.26in its governance.
57.27A patient's name, identifying information, or identifiable medical data must not be
57.28disclosed to the organization without the informed voluntary written consent of the patient
57.29or patient's guardian or, if the patient is a minor, of the parent or guardian of the patient.
57.30 (d) The remainder of the surcharge must be credited to a separate account to be
57.31known as the remote electronic alcohol-monitoring program account. The commissioner
57.32shall transfer the balance of this account to the commissioner of finance on a monthly
57.33basis for deposit in the general fund.
57.34 (e) When these fees are collected by a licensing agent, appointed under section
57.35171.061
, a handling charge is imposed in the amount specified under section
171.061,
58.1subdivision 4 . The reinstatement fees and surcharge must be deposited in an approved
58.2depository as directed under section171.061, subdivision 4 .
58.3 (f) A person whose driver's license has been revoked as provided in subdivision
58.41 under section169A.52 or
169A.54 and who the court certifies as being financially
58.5eligible for a public defender under section611.17 , may choose to pay 50 percent and
58.6an additional $25 of the total amount of the surcharge and 50 percent of the fee required
58.7under paragraph (b) to reinstate the person's driver's license, provided the person meets all
58.8other requirements of reinstatement. If a person chooses to pay 50 percent of the total and
58.9an additional $25, the driver's license must expire after two years. The person must pay an
58.10additional 50 percent less $25 of the total to extend the license for an additional two years,
58.11provided the person is otherwise still eligible for the license. After this final payment of
58.12the surcharge and fee, the license may be renewed on a standard schedule, as provided
58.13under section171.27 . A handling charge may be imposed for each installment payment.
58.14Revenue from the handling charge is credited to the driver services operating account in
58.15the special revenue fund and is appropriated to the commissioner.
58.16 (g) Any person making installment payments under paragraph (f), whose driver's
58.17license subsequently expires, or is canceled, revoked, or suspended before payment of
58.18100 percent of the surcharge and fee, must pay the outstanding balance due for the initial
58.19reinstatement before the driver's license is subsequently reinstated. Upon payment of
58.20the outstanding balance due for the initial reinstatement, the person may pay any new
58.21surcharge and fee imposed under paragraph (b) in installment payments as provided
58.22under paragraph (f).
58.23 Sec. 6. Minnesota Statutes 2008, section 241.016, subdivision 1, is amended to read:
58.24 Subdivision 1. Biennial report. (a) The Department of Corrections shall submit a
58.25performance report to the chairs and ranking minority members of the senate and house of
58.26representatives committees and divisions having jurisdiction over criminal justice funding
58.27by January 15, 2005, and every other of each odd-numbered year thereafter. The issuance
58.28and content of the report must include the following:
58.29 (1) department strategic mission, goals, and objectives;
58.30 (2) the department-wide per diem, adult facility-specific per diems, and an average
58.31per diem, reported in a standard calculated method as outlined in the departmental policies
58.32and procedures;
58.33 (3) department annual statistics as outlined in the departmental policies and
58.34procedures; and
59.1 (4) information about prison-based mental health programs, including, but not
59.2limited to, the availability of these programs, participation rates, and completion rates.
59.3 (b) The department shall maintain recidivism rates for adult facilities on an annual
59.4basis. In addition, each year the department shall, on an alternating basis, complete a
59.5recidivism analysis of adult facilities, juvenile services, and the community services
59.6divisions and include a three-year recidivism analysis in the report described in paragraph
59.7(a). The recidivism analysis must: (1) assess education programs, vocational programs,
59.8treatment programs, including mental health programs, industry, and employment; and (2)
59.9assess statewide re-entry policies and funding, including postrelease treatment, education,
59.10training, and supervision. In addition, when reporting recidivism for the department's
59.11adult and juvenile facilities, the department shall report on the extent to which offenders it
59.12has assessed as chemically dependent commit new offenses, with separate recidivism rates
59.13reported for persons completing and not completing the department's treatment programs.
59.14(c) By August 31 of each odd-numbered year, the commissioner must present to the
59.15individuals identified in paragraph (a) a report that lists and describes the performance
59.16measures and targets the department will include in the biennial performance report. The
59.17measures and targets must include a budget target for the next two years and a history of
59.18the department's performance for the previous five years. At a minimum, the report must
59.19include measures and targets for the data and information identified in paragraphs (a) and
59.20(b) regarding per diem, statistics, inmate programming, and recidivism, and the following:
59.21(1) average statutory per diem for adult offenders, female offenders, and juvenile
59.22offenders;
59.23(2) the Department of Corrections field services;
59.24(3) staffing and salaries for both department divisions and institutions;
59.25(4) the use of private and local institutions to house persons committed to the
59.26commissioner;
59.27(5) the cost of inmate health and dental care;
59.28(6) implementation and use of corrections best practices; and
59.29(7) the challenge incarceration program.
59.30 Sec. 7. Minnesota Statutes 2008, section 241.27, subdivision 1a, is amended to read:
59.31 Subd. 1a. Marketing plan. The commissioner of corrections, in consultation with
59.32the commissioner of employment and economic development, shall develop, implement,
59.33and maintain a formal marketing plan to attract private sector businesses and industries
59.34and state and local government agencies to employinmate services incarcerated offenders
60.1through MINNCOR industries. The plan shall be reviewed and updated annually by
60.2the commissioner of corrections.
60.3 Sec. 8. Minnesota Statutes 2008, section 241.27, is amended by adding a subdivision
60.4to read:
60.5 Subd. 6. Reports and financial statements. MINNCOR shall include its full costs
60.6for inmate wages and the money it receives from the department for inmate confinement
60.7costs in its annual financial statements and reports. In addition, MINNCOR shall disclose
60.8in its annual report how the money it receives from the department for inmate confinement
60.9costs affects its profitability.
60.10 Sec. 9. Minnesota Statutes 2008, section 241.27, is amended by adding a subdivision
60.11to read:
60.12 Subd. 7. Interactions with private businesses. (a) MINNCOR shall use revenue
60.13contracts or purchase orders on forms approved by the Department of Administration
60.14whenever it allows private businesses to use inmate labor. MINNCOR shall determine
60.15whether to use a revenue contract or a purchase order according to criteria that the
60.16Department of Corrections has approved having taken into account the recommendations
60.17of the legislative auditor contained in its 2009 report on MINNCOR.
60.18(b) MINNCOR shall develop a uniform method to report sales and expenditure data
60.19related to individual labor arrangements with private businesses. MINNCOR shall review
60.20the data annually to assess how the arrangements, both individually and collectively, affect
60.21MINNCOR's achieving its goals of high inmate participation in industry and profitability.
60.22 Sec. 10. Minnesota Statutes 2008, section 241.27, is amended by adding a subdivision
60.23to read:
60.24 Subd. 8. Contracts or purchase orders; work on projects before and after.
60.25MINNCOR may not begin work on a project until a contract or purchase order has
60.26been signed and may not continue work on a project after a contract or purchase order
60.27has expired.
60.28 Sec. 11. Minnesota Statutes 2008, section 244.055, subdivision 11, is amended to read:
60.29 Subd. 11. Sunset. This section expires July 1,2009 2011.
60.30EFFECTIVE DATE.This section is effective the day following final enactment.
60.31 Sec. 12. [244.085] FELONY DWI REPORT.
61.1 By January 15 of each year, the commissioner shall report to the chairs and
61.2ranking minority members of the house of representatives and senate committees
61.3having jurisdiction over criminal justice policy and funding on the implementation and
61.4effects of the felony level driving while impaired offense. The report must include the
61.5following information on felony level driving while impaired offenses involving offenders
61.6committed to the commissioner's custody:
61.7 (1) the number of persons committed;
61.8 (2) the county of conviction;
61.9 (3) the offenders' ages and gender;
61.10 (4) the offenders' prior impaired driving histories and prior criminal histories;
61.11 (5) the number of offenders:
61.12 (i) given an executed prison sentence upon conviction and the length of the sentence;
61.13 (ii) given an executed prison sentence upon revocation of probation, the reasons
61.14for revocation, and the length of sentence;
61.15 (iii) who successfully complete treatment in prison;
61.16 (iv) placed on intensive supervision following release from incarceration;
61.17(v) placed in the challenge incarceration program, the number of offenders released
61.18from prison under this program, and the number of these offenders who violate their
61.19release conditions and the consequences imposed; and
61.20 (vi) who violate supervised release and the consequences imposed;
61.21 (6) per diem costs, including treatment costs, for offenders incarcerated under the
61.22felony sentence provisions; and
61.23 (7) any other information the commissioner deems relevant to estimating future
61.24costs.
61.25 Sec. 13. Minnesota Statutes 2008, section 244.17, is amended to read:
61.26244.17 CHALLENGE INCARCERATION PROGRAM.
61.27 Subdivision 1. Generally. The commissionermay shall select offenders who
61.28meet the eligibility requirements of subdivisions 2 and 3 to participate in a challenge
61.29incarceration program described in sections244.171 and
244.172 for all or part of the
61.30offender's sentence if the offender agrees to participate in the program and signs a written
61.31contract with the commissioner agreeing to comply with the program's requirements.
61.32 Subd. 2. Eligibility. (a) Unless a person is ineligible under subdivision 3, the
61.33commissioner mustlimit offer a bed in the challenge incarceration program to the
61.34following persons:
62.1(1) offenders who are committed to the commissioner's custody following revocation
62.2of a stayed sentence; and
62.3(2) offenders who are committed to the commissioner's custody, who have 48
62.4months or less in or remaining in their term of imprisonment, and who did not receive a
62.5dispositional departure under the Sentencing Guidelines.
62.6(b) If there is insufficient space for an eligible person, the commissioner shall place
62.7the person's name on a waiting list and offer the person the chance to participate when
62.8space becomes available if the person is still eligible under this section.
62.9 Subd. 3. Offenders not eligible. (a) The following offenders are not eligible to be
62.10placed in the challenge incarceration program:
62.11(1) offenders who are committed to the commissioner's custody following a
62.12conviction for murder, manslaughter, criminal sexual conduct, assault, kidnapping,
62.13robbery, arson, or any other offense involving death or intentional personal injury;and
62.14(2) offenders who were convicted within the preceding ten years of an offense
62.15described in clause (1) and were committed to the custody of the commissioner.;
62.16(3) offenders who have been convicted or adjudicated delinquent within the past five
62.17years for a violation of section 609.485;
62.18(4) offenders who are committed to the commissioner's custody for an offense that
62.19requires registration under section 243.166;
62.20(5) offenders who are the subject of a current arrest warrant or detainer;
62.21(6) offenders who have fewer than 180 days remaining until their supervised release
62.22date;
62.23(7) offenders who have had disciplinary confinement time added to their sentence or
62.24who have been placed in segregation, unless 90 days have elapsed from the imposition of
62.25the additional disciplinary confinement time or the last day of segregation;
62.26(8) offenders who have received a suspended formal disciplinary sanction, unless the
62.27suspension has expired;
62.28(9) offenders whose governing sentence is for an offense from another state or the
62.29United States; and
62.30(10) offenders who have a medical condition included on the list of ineligible
62.31conditions described in paragraph (b).
62.32(b) The commissioner of corrections shall develop a list of medical conditions that
62.33will disqualify an offender from participating in the challenge incarceration program.
62.34The commissioner shall submit the list and any changes to it to the chairs and ranking
62.35minority members of the senate and house committees having jurisdiction over criminal
62.36justice policy and funding.
63.1 Sec. 14. Minnesota Statutes 2008, section 244.172, subdivision 1, is amended to read:
63.2 Subdivision 1. Phase I. Phase I of the program lasts at least six months. The
63.3offender must be confinedin a state correctional facility designated by the commissioner
63.4at the Minnesota Correctional Facility - Willow River/Moose Lake or the Minnesota
63.5Correctional Facility - Togo and must successfully participate in all intensive treatment,
63.6education and work programs required by the commissioner. The offender must also
63.7submit on demand to random drug and alcohol testing at time intervals set by the
63.8commissioner. Throughout phase I, the commissioner must severely restrict the offender's
63.9telephone and visitor privileges.
63.10 Sec. 15. [244.30] CAP ON INCARCERATION FOR FIRST-TIME SUPERVISED
63.11RELEASE VIOLATIONS; EXCEPTION FOR SEX OFFENDERS.
63.12(a) If the commissioner revokes the supervised release of a person whose release
63.13on the current offense has not previously been revoked, the commissioner may order the
63.14person to be incarcerated for no more than 90 days or until the expiration of the person's
63.15sentence, whichever is less.
63.16(b) This section does not apply to offenders on supervised release for a violation of
63.17section 609.342, 609.343, 609.344, 609.345, 609.3451, or 609.3453.
63.18(c) The commissioner may order a person described in this section to be incarcerated
63.19for more than 90 days if the commissioner determines that substantial and compelling
63.20reasons exist to believe that the longer incarceration period is necessary to protect the
63.21public.
63.22EFFECTIVE DATE.This section is effective the day following final enactment
63.23and applies to persons whose supervised release is revoked on or after that date.
63.24 Sec. 16. Minnesota Statutes 2008, section 299A.01, subdivision 1a, is amended to read:
63.25 Subd. 1a. Mission; efficiency. It is part of the department's mission that within the
63.26department's resources the commissioner shall endeavor to:
63.27(1) prevent the waste or unnecessary spending of public money;
63.28(2) use innovative fiscal and human resource practices to manage the state's
63.29resources and operate the department as efficiently as possible;
63.30(3) coordinate the department's activities wherever appropriate with the activities
63.31of other governmental agencies;
63.32(4) use technology where appropriate to increase agency productivity, improve
63.33customer service, increase public access to information about government, and increase
63.34public participation in the business of government;
64.1(5) utilize constructive and cooperative labor-management practices to the extent
64.2otherwise required by chapters 43A and 179A; and
64.3(6) report to the legislature on the performance of agency operations and the
64.4accomplishment of agency goals in the agency's biennial budget according to section
64.516A.10, subdivision 1; and
64.6(7) (6) recommend to the legislature appropriate changes in law necessary to carry
64.7out the mission and improve the performance of the department.
64.8 Sec. 17. Minnesota Statutes 2008, section 299A.01, is amended by adding a
64.9subdivision to read:
64.10 Subd. 1c. Performance report; performance measures and targets. (a) The
64.11commissioner, as part of the department's mission and within the department's resources,
64.12shall report to the chairs and ranking minority members of the senate and house of
64.13representatives committees having jurisdiction over criminal justice policy and funding
64.14on the performance of agency operations and the accomplishment of agency goals in the
64.15agency's biennial budget according to paragraph (b) and section 16A.10, subdivision
64.161. The purpose of the report is to determine the extent to which each program is
64.17accomplishing the program's mission, goals, and objectives.
64.18The report may address:
64.19(1) factors that limited or delayed achievement of objectives or goals;
64.20(2) resources used or saved and efficiencies achieved in reaching program objectives
64.21and goals;
64.22(3) information from customers and partners of the agency regarding the quality of
64.23service and effectiveness of the agency and the agency's programs;
64.24(4) recommendations on elimination of unnecessary or obsolete mandated reports;
64.25and
64.26(5) major cases, events, or circumstances that required an agency response.
64.27(b) By August 1 of each odd-numbered year, the commissioner must present to
64.28the individuals identified in paragraph (a) a report that states the mission, goals, and
64.29objectives of each program and lists and describes the performance measures and targets
64.30the department will include in the performance report required under paragraph (a). The
64.31report must include information on how program goals and objectives were created and
64.32who participated in formulating them. The measures and targets must include a history of
64.33the department's performance for the previous five years. At a minimum, the report must
64.34include measures and targets for the following:
64.35(1) staffing and salaries for divisions within the agency;
65.1(2) caseloads and responsibilities of Bureau of Criminal Apprehension agents;
65.2(3) development and funding of the Allied Radio Matrix for Emergency Response
65.3(ARMER);
65.4(4) grant programs administered under the Office of Justice Programs and Homeland
65.5Security and Emergency Management;
65.6(5) receipt and expenditure of federal grant funds;
65.7(6) expenditure of the fire safety insurance surcharge;
65.8(7) emergency preparedness;
65.9(8) crime lab operations; and
65.10(9) assistance provided to crime victims.
65.11EFFECTIVE DATE.This section is effective June 1, 2009.
65.12 Sec. 18. Minnesota Statutes 2008, section 299C.65, subdivision 3a, is amended to read:
65.13 Subd. 3a. Report. The policy group, with the assistance of the task force, shall file
65.14an annual a biennial report with the governor, Supreme Court, and chairs and ranking
65.15minority members of the senate and house of representatives committees and divisions
65.16with jurisdiction over criminal justice funding and policy by January 15of in each
65.17odd-numbered year. The report must provide the following:
65.18(1) status and review of current integration efforts and projects;
65.19(2) recommendations concerning any legislative changes or appropriations that
65.20are needed to ensure that the criminal justice information systems operate accurately
65.21and efficiently; and
65.22(3) summary of the activities of the policy group and task force.
65.23EFFECTIVE DATE.This section is effective the day following final enactment.
65.24 Sec. 19. Minnesota Statutes 2008, section 609.105, subdivision 1, is amended to read:
65.25 Subdivision 1. Sentence toless than 180 days more than one year. In A felony
65.26sentence to imprisonment, when the remaining term of imprisonment is for 180 days
65.27or less, the defendant more than one year shall be committed commit the defendant to
65.28the custody of the commissioner of correctionsand must serve the remaining term of
65.29imprisonment at a workhouse, work farm, county jail, or other place authorized by law.
65.30EFFECTIVE DATE.This section is effective July 1, 2009, and applies to offenders
65.31sentenced on or after that date.
65.32 Sec. 20. REPORT ON MINNCOR MARKETING PLAN.
66.1By September 15, 2009, the commissioner of corrections shall report to the chairs
66.2and ranking minority members of the senate and house committees and divisions having
66.3jurisdiction over criminal justice policy and funding on the marketing plan required in
66.4Minnesota Statutes, section 241.27, subdivision 1a.
66.5 Sec. 21. REVIEW OF REPORTS.
66.6The Sentencing Guidelines Commission and the Departments of Corrections
66.7and Public Safety shall each review its reports for consolidation and may consider
66.8consolidating any reports with other reports to achieve administrative convenience or
66.9fiscal savings or to reduce the burden of reporting requirements. The commission and
66.10departments may not eliminate a legislatively mandated reporting requirement without
66.11prior legislative approval.
66.12 Sec. 22. COUNTY-BASED REVOCATION CENTER PILOT PROJECT;
66.13REPORT.
66.14(a) Dodge, Fillmore, and Olmsted Counties; Tri-County Community Corrections;
66.15Hennepin County; Ramsey County; and any other county or community corrections
66.16department that wishes to participate may develop a proposal for a pilot project for
66.17a secure residential center for the supervision of persons facing revocation of their
66.18supervised release or execution of a stayed prison sentence. The proposal must address the
66.19care, custody, and programming for offenders assigned to the facility as an intermediate
66.20sanction prior to revocation or execution of a stayed prison sentence.
66.21(b) The counties must consider the following factors in developing the proposal:
66.22(1) type and length of programming for offenders, including supervision, mental
66.23health and chemical dependency treatment options, and educational and employment
66.24readiness opportunities;
66.25(2) medical care;
66.26(3) the transporting of offenders to and from any facility;
66.27(4) detailed current and future costs and per diems associated with the facility;
66.28(5) admission and release procedures of the facility;
66.29(6) intended outcomes of the pilot project; and
66.30(7) other factors deemed appropriate for consideration by the counties.
66.31(c) By December 1, 2009, any county that develops a pilot project shall report by
66.32electronic means the pilot project proposal to the chairs and ranking minority members of
66.33the senate and house of representatives committees having jurisdiction over public safety
66.34policy and funding. A written copy must be made available upon request.
67.1 Sec. 23. CORRECTIONS STRATEGIC MANAGEMENT AND OPERATIONS
67.2ADVISORY TASK FORCE.
67.3 Subdivision 1. Establishment; duties. A task force is established to advise
67.4the governor and the legislature on management and operations strategies that will
67.5improve efficiency in corrections and reduce the inmate per diem for the Department of
67.6Corrections. The task force must provide an assessment that identifies strategies and
67.7makes recommendations, including any proposals for legislative changes, to improve
67.8efficiency in (1) the delivery of state corrections services; (2) construction, maintenance,
67.9and operation of state prisons; and (3) coordination between state and local corrections
67.10agencies. In developing its assessment, the task force shall consider best practices in
67.11business management; best practices in corrections management and operations; efficiency
67.12concepts in academic, business, or other environments; and how requirements under law
67.13affect corrections efficiency. The assessment provided by the task force should include,
67.14but is not limited to, analysis of the staffing and administration of prisons; central office
67.15and administrative services staffing and operations; the impact of decisions on other
67.16agency budgets; offender treatment and programming; field services; employee pension
67.17plans; housing short-term offenders and probation violators; offender healthcare; juvenile
67.18services; and the conditional release and challenge incarceration programs.
67.19 Subd. 2. Membership. The advisory task force consists of the following members:
67.20(1) the commissioner of corrections, or the commissioner's designee;
67.21(2) one person appointed by the governor who serves as a sheriff in this state;
67.22(3) three persons appointed by the governor from a postsecondary academic
67.23institution who have expertise in applied economics, organizational efficiency, or business
67.24management;
67.25(4) three persons appointed by the governor from the private sector who have
67.26expertise in management or corporate efficiency but would not qualify for membership
67.27under clause (3);
67.28(5) one member appointed by the governor who is a community corrections act
67.29department director or a community probation office department director;
67.30(6) two persons appointed by the speaker of the house of representatives, one of
67.31whom must be a member of organized labor and possess knowledge of corrections;
67.32(7) one person appointed by the minority leader of the house of representatives;
67.33(8) two persons appointed by the senate majority leader, one of whom must be a
67.34member of organized labor and possess knowledge of corrections; and
67.35(9) one person appointed by the minority leader of the senate.
68.1 Subd. 3. Appointment of members. The appointments and designations authorized
68.2by this section must be completed by August 1, 2009.
68.3 Subd. 4. Staffing support. Upon request of the task force, the commissioner of
68.4administration must provide meeting space and administrative services. The commissioner
68.5of corrections shall provide information and other assistance as requested by the task force.
68.6 Subd. 5. Administrative provisions. (a) The commissioner of corrections, or the
68.7commissioner's designee, must convene the initial meeting of the task force. The members
68.8of the task force must elect a chair or co-chairs at the initial meeting.
68.9(b) Public members of the task force serve without compensation or payment of
68.10expenses.
68.11(c) The task force may apply for, solicit, and accept gifts and grants and is
68.12encouraged to seek technical assistance from subject matter experts affiliated with the
68.13National Institute of Corrections. Funds received under this paragraph are accepted
68.14on behalf of the state and constitute donations to the state and are appropriated to the
68.15commissioner of administration for purposes of the task force.
68.16(d) The task force expires June 30, 2010.
68.17 Subd. 6. Report. By February 15, 2010, the task force shall submit a report on
68.18corrections management and operations efficiency strategies to the governor and to
68.19the chairs and ranking minority members of the house of representatives and senate
68.20committees with jurisdiction over public safety policy and finance.
68.21EFFECTIVE DATE.This section is effective the day following final enactment.
68.22 Sec. 24. REPEALER.
68.23(a) Minnesota Statutes 2008, sections 260B.199, subdivision 2; 260B.201,
68.24subdivision 3; and 325E.22, are repealed effective the day following final enactment.
68.25(b) Minnesota Statutes 2008, section 152.025, subdivision 3, is repealed effective
68.26July 1, 2009, and applies to crimes committed on or after that date.
68.27(c) Minnesota Statutes 2008, section 609.105, subdivisions 1a and 1b, are repealed
68.28effective July 1, 2009, and apply to offenders sentenced on or after that date."
68.29Delete the title and insert:
68.31relating to public safety; providing for the courts and public defenders including
68.32court vacancies, referees, fines and fees, surcharges, collection policies and
68.33procedures, driving while impaired, judgments, and restorative justice for
68.34juvenile petty offenders; providing for public safety and corrections including
68.35reports, controlled substance crimes, sentencing, MINNCOR, challenge
68.36incarceration program, supervised release violations, and county-based
68.37revocation center pilot project; authorizing a task force and forum; providing for
69.1penalties; appropriating money for the courts, public defenders, public safety,
69.2corrections, certain other criminal justice agencies, boards, and commissions;
69.3amending Minnesota Statutes 2008, sections 2.722, subdivisions 4, 4a; 2.724,
69.4subdivisions 2, 3; 3.195, subdivision 1, by adding a subdivision; 86B.705,
69.5subdivision 2; 134A.09, subdivision 2a; 134A.10, subdivision 3; 152.025,
69.6subdivisions 1, 2; 152.0262, subdivision 1; 169A.20, subdivision 1, by adding
69.7subdivisions; 169A.25, subdivision 1; 169A.26, subdivision 1; 169A.27,
69.8subdivision 1; 169A.28, subdivision 2; 169A.284; 169A.46, subdivision 1;
69.9169A.54, subdivision 1; 171.29, subdivision 2; 241.016, subdivision 1; 241.27,
69.10subdivision 1a, by adding subdivisions; 244.055, subdivision 11; 244.17;
69.11244.172, subdivision 1; 299A.01, subdivision 1a, by adding a subdivision;
69.12299C.65, subdivision 3a; 299D.03, subdivision 5; 357.021, subdivisions 2, 6,
69.137; 357.022; 357.08; 364.08; 375.14; 480.15, by adding a subdivision; 484.85;
69.14484.90, subdivision 6; 484.91, subdivision 1; 491A.02, subdivision 9; 491A.03,
69.15subdivision 1; 525.091, subdivision 1; 549.09, subdivision 1; 550.011; 609.035,
69.16subdivision 2; 609.10, subdivision 1; 609.101, subdivisions 3, 4; 609.105,
69.17subdivision 1; 609.125, subdivision 1; 609.135, subdivisions 1, 1a, 2; 611.17;
69.18631.48; proposing coding for new law in Minnesota Statutes, chapters 244; 609;
69.19repealing Minnesota Statutes 2008, sections 152.025, subdivision 3; 152.0262,
69.20subdivision 2; 260B.199, subdivision 2; 260B.201, subdivision 3; 325E.22;
69.21383B.65, subdivision 2; 484.90, subdivisions 1, 2, 3; 487.08, subdivisions 1, 2,
69.223, 5; 609.105, subdivisions 1a, 1b; 609.135, subdivision 8."
We request the adoption of this report and repassage of the bill.Senate Conferees: (Signed) Linda Higgins, Leo Foley, Mee Moua, Ron Latz, Mary OlsonHouse Conferees: (Signed) Michael Paymar, Debra Hilstrom, Tina Liebling, David Dill, Tony Cornish
1.3relating to public safety; appropriating money for public safety, corrections,
1.4and other criminal justice agencies; requiring annual appropriation of money in
1.5Bureau of Criminal Apprehension account to commissioner of public safety;
1.6repealing the mandatory minimum sentences for predatory offender registration
1.7offenses and subsequent controlled substances offenses; providing a 90-day cap
1.8on incarceration for certain first-time supervised release violations; eliminating
1.9the requirement that judges impose a minimum sentence on felony DWI
1.10offenders; requesting the Sentencing Guidelines Commission to rerank the
1.11felony DWI offense; providing for supervised release of offenders; expanding
1.12the challenge incarceration program; requiring the Sentencing Guidelines
1.13Commission and the Departments of Corrections and Public Safety to review
1.14its reports; requiring Department of Corrections to annually report on felony
1.15DWI offenders; requiring that reports to the legislature by criminal justice
1.16agencies be submitted electronically; modifying and expanding the conditional
1.17release program for nonviolent drug offenders; including an advisory board
1.18for consultation with the commissioner of corrections for the conditional
1.19release program; repealing the conditional release program's sunset; authorizing
1.20correctional facilities to forward surcharges from offender wages to court or
1.21other entity collecting the surcharge; repealing reports on out-of-state juvenile
1.22placement; implementing the legislative auditor's recommendations relating
1.23to MINNCOR; requiring the licensure of firefighters; expanding the stay of
1.24adjudication provision for low-level controlled substance offenders; imposing
1.25criminal penalties; appropriating money; amending Minnesota Statutes 2008,
1.26sections 3.195, subdivision 1, by adding a subdivision; 152.021, subdivision 3;
1.27152.022, subdivision 3; 152.023, subdivision 3; 152.024, subdivision 3; 152.025,
1.28subdivision 3; 152.18, subdivision 1; 169A.275, subdivisions 3, 4, 5; 169A.276,
1.29subdivisions 1, 2; 171.29, subdivision 2; 241.27, subdivision 1a, by adding
1.30subdivisions; 243.166, subdivision 5; 244.055, subdivisions 2, 3, 5, 7, by adding
1.31subdivisions; 244.17; 244.172, subdivision 1; 299N.02, subdivision 3; 357.021,
1.32subdivision 6; proposing coding for new law in Minnesota Statutes, chapters
1.33244; 299N; repealing Minnesota Statutes 2008, sections 152.026; 244.055,
1.34subdivisions 6, 11; 260B.199, subdivision 2; 260B.201, subdivision 3; 325E.22.
1.35May 11, 2009
1.36The Honorable James P. Metzen
1.37President of the Senate
1.38The Honorable Margaret Anderson Kelliher
1.39Speaker of the House of Representatives
2.1We, the undersigned conferees for S.F. No. 802 report that we have agreed upon the
2.2items in dispute and recommend as follows:
2.3That the House recede from its amendments and that S.F. No. 802 be further
2.4amended as follows:
2.5Delete everything after the enacting clause and insert:
| 2.8 |
Section 1. SUMMARY OF APPROPRIATIONS. |
||||||
2.10in this article.
| 2.20 |
Sec. 2. PUBLIC SAFETY APPROPRIATIONS. |
||||||
2.22agencies and for the purposes specified in this article. The appropriations are from the
2.23general fund, or another named fund, and are available for the fiscal years indicated
2.24for each purpose. The figures "2010" and "2011" used in this article mean that the
2.25appropriations listed under them are available for the fiscal year ending June 30, 2010, or
2.26June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is fiscal
2.27year 2011. "The biennium" is fiscal years 2010 and 2011. Appropriations for the fiscal
2.28year ending June 30, 2009, are effective the day following final enactment.
| 2.29 |
APPROPRIATIONS |
||||||
| 2.30 |
Available for the Year |
||||||
| 2.31 |
Ending June 30 |
||||||
| 2.32 |
2010 |
2011 |
|||||
| 3.1 |
Sec. 3. SUPREME COURT |
||||||
| 3.2 |
Subdivision 1.Total Appropriation |
$ |
43,476,000 |
$ |
43,475,000 |
||
3.4purpose are specified in the following
3.5subdivisions.
| 3.6 |
Subd. 2.Supreme Court Operations |
31,376,000 |
31,375,000 |
||||
3.8is for a contingent account for expenses
3.9necessary for the normal operation of the
3.10court for which no other reimbursement is
3.11provided.
3.12(b) Criminal Justice Forum. The chief
3.13justice is requested to continue the criminal
3.14justice forum to evaluate and examine
3.15criminal justice efficiencies and costs
3.16savings, and may submit a report of the
3.17findings and recommendations to the chairs
3.18and ranking minority members of the house
3.19of representatives and senate committees
3.20with jurisdiction over public safety policy
3.21and finance by February 15, 2010.
3.22(c) Civil Justice Forum. The chief justice
3.23is requested to convene a civil justice
3.24forum to evaluate and examine civil justice
3.25efficiencies and cost savings and may submit
3.26a report of the findings and recommendations
3.27to the chairs and ranking minority members
3.28of the house of representatives and senate
3.29committees with jurisdiction over public
3.30safety policy and finance by February 15,
3.312010.
3.32(d) Federal Stimulus Funds. The Supreme
3.33Court is encouraged to apply for all available
4.1grants for federal stimulus funds to: (1)
4.2continue drug court programs that lose
4.3state funding; and (2) make technological
4.4improvements within the judicial system.
4.5(e) Judicial and Referee Vacancies.
4.6The Supreme Court shall not certify a
4.7judicial or referee vacancy under Minnesota
4.8Statutes, section 2.722, until it has examined
4.9alternative options, such as temporarily
4.10suspending certification of the vacant
4.11position or assigning a retired judge to
4.12temporarily fill the position.
| 4.13 |
Subd. 3.Civil Legal Services |
12,100,000 |
12,100,000 |
||||
4.15Family Law Matters. Of this appropriation,
4.16$877,000 each year is to improve the
4.17access of low-income clients to legal
4.18representation in family law matters. This
4.19appropriation must be distributed under
4.20Minnesota Statutes, section 480.242, to
4.21the qualified legal services programs
4.22described in Minnesota Statutes, section
4.23480.242, subdivision 2, paragraph (a). Any
4.24unencumbered balance remaining in the first
4.25year does not cancel and is available in the
4.26second year.
| 4.27 |
Sec. 4. COURT OF APPEALS |
$ |
10,285,000 |
$ |
10,285,000 |
||
| 4.28 |
Sec. 5. TRIAL COURTS |
$ |
250,116,000 |
$ |
250,116,000 |
||
| 4.29 |
Sec. 6. TAX COURT |
$ |
818,000 |
$ |
818,000 |
||
| 4.30 |
Sec. 7. UNIFORM LAWS COMMISSION |
$ |
51,000 |
$ |
51,000 |
||
| 5.1 |
Sec. 8. BOARD ON JUDICIAL STANDARDS |
$ |
456,000 |
$ |
456,000 |
||
5.3investigative and hearing costs for major
5.4disciplinary actions undertaken by the
5.5board. This appropriation does not cancel.
5.6Any encumbered and unspent balances
5.7remain available for these expenditures in
5.8subsequent fiscal years.
| 5.9 |
Sec. 9. BOARD OF PUBLIC DEFENSE |
$ |
66,028,000 |
$ |
66,028,000 |
||
| 5.10 |
Sec. 10. PUBLIC SAFETY |
||||||
| 5.11 |
Subdivision 1.Total Appropriation |
$ |
158,678,000 |
$ |
162,441,000 |
||
5.21purpose are specified in the following
5.22subdivisions.
5.23(a) Car Fleet. By January 1, 2010,
5.24the commissioner shall reduce the
5.25department's fleet of cars that are not used for
5.26investigations by at least five percent when
5.27compared to the fleet's status on January 1,
5.282009. This paragraph shall not apply to State
5.29Patrol vehicles purchased or maintained
5.30using trunk highway funds.
6.1(b) Prohibition on Use of Appropriation.
6.2No portion of this appropriation may be
6.3used for the purchase of motor vehicles
6.4or out-of-state travel that is not directly
6.5connected with and necessary to carry out
6.6the core functions of the department.
| 6.7 |
Subd. 2.Emergency Management |
2,583,000 |
2,583,000 |
||||
| 6.8 |
Appropriations by Fund |
||
| 6.9 |
General |
1,910,000 |
1,910,000 |
| 6.10 |
Special Revenue |
604,000 |
604,000 |
| 6.11 |
Environmental |
69,000 |
69,000 |
6.13$604,000 each year is appropriated from the
6.14fire safety account in the special revenue
6.15fund. These amounts must be used to
6.16fund the hazardous materials and chemical
6.17assessment teams.
| 6.18 |
Subd. 3.Criminal Apprehension |
43,368,000 |
43,368,000 |
||||
| 6.19 |
Appropriations by Fund |
||
| 6.20 |
General |
41,420,000 |
41,420,000 |
| 6.21 6.22 |
State Government Special Revenue |
7,000 |
7,000 |
| 6.23 |
Trunk Highway |
1,941,000 |
1,941,000 |
6.25Notwithstanding Minnesota Statutes, section
6.26
6.27is appropriated from the trunk highway fund
6.28for laboratory analysis related to driving
6.29while impaired cases.
| 6.30 |
Subd. 4.Fire Marshal |
8,125,000 |
8,125,000 |
||||
7.2account in the special revenue fund.
7.3Of this amount, $5,857,000 each year is for
7.4activities under Minnesota Statutes, section
7.5299F.012, and $2,268,000 each year is for
7.6transfer to the general fund under Minnesota
7.7Statutes, section 297I.06, subdivision 3.
| 7.8 |
Subd. 5.Alcohol and Gambling Enforcement |
2,538,000 |
2,538,000 |
||||
| 7.9 |
Appropriations by Fund |
||
| 7.10 |
General |
1,635,000 |
1,635,000 |
| 7.11 |
Special Revenue |
903,000 |
903,000 |
7.13enforcement account in the special revenue
7.14fund. Of this appropriation, $750,000 each
7.15year shall be transferred to the general fund.
7.16The transfer amount for fiscal year 2012 and
7.17fiscal year 2013 shall be $500,000 per year.
| 7.18 |
Subd. 6.Office of Justice Programs |
35,594,000 |
35,594,000 |
||||
| 7.19 |
Appropriations by Fund |
||
| 7.20 |
General |
35,498,000 |
35,498,000 |
| 7.21 7.22 |
State Government Special Revenue |
96,000 |
96,000 |
7.24of Justice programs shall give priority to
7.25awarding grants for federal stimulus money
7.26to the following activities and programs:
7.27(1) organizations that provide mentoring
7.28grants for children of incarcerated parents;
7.29(2) youth intervention programs, as defined
7.30under Minnesota Statutes, section 299A.73,
7.31with an emphasis on those programs that
8.1provide early intervention youth services to
8.2children in their communities;
8.3(3) re-entry programs for offenders, with a
8.4priority on continuing to fund the nonprofit
8.5organization selected to administer the
8.6demonstration project for high risk adults
8.7under Laws 2007, chapter 54, article 1,
8.8section 19;
8.9(4) trafficking victim programs, including
8.10legal advocacy clinics, training programs,
8.11public awareness initiatives, and victim
8.12services hotlines;
8.13(5) nonprofit organizations dedicated
8.14to providing immediate and long-term
8.15emotional support and practical help for
8.16families and friends of persons who have
8.17died traumatically;
8.18(6) programs that seek to develop and
8.19increase juvenile detention alternatives;
8.20(7) restorative justice programs, as defined
8.21in Minnesota Statutes, section 611A.775,
8.22except that a program that receives federal
8.23funds shall not use the funds for cases
8.24involving domestic assault; and
8.25(8) judicial branch efficiency programs,
8.26including e-citation and fine management
8.27and collection program improvements.
8.28For purposes of this subdivision, "federal
8.29stimulus money" means money provided to
8.30the state under the American Recovery and
8.31Reinvestment Act of 2009.
8.32(b) Crime Victim and Youth Intervention
8.33Programs. For the biennium ending June
8.3430, 2011, funding for the following programs
9.1must not be reduced by more than three
9.2percent from the level of state base funding
9.3provided for the biennium ending June 30,
9.42009: (1) crime victim reparations; (2)
9.5battered women's shelters and domestic
9.6violence programs; (3) general crime victim
9.7programs; (4) sexual assault victim programs;
9.8and (5) youth intervention programs.
9.9(c) Administration Costs. Up to 2.5 percent
9.10of the grant money appropriated in this
9.11subdivision may be used to administer the
9.12grant program.
| 9.13 |
Subd. 7.Emergency Communication Networks |
66,470,000 |
70,233,000 |
||||
9.15government special revenue fund for 911
9.16emergency telecommunications services.
9.17(a) Public Safety Answering Points.
9.18$13,664,000 each year is to be distributed
9.19as provided in Minnesota Statutes, section
9.20403.113, subdivision 2.
9.21(b) Medical Resource Communication
9.22Centers. $683,000 each year is for grants
9.23to the Minnesota Emergency Medical
9.24Services Regulatory Board for the Metro
9.25East and Metro West Medical Resource
9.26Communication Centers that were in
9.27operation before January 1, 2000.
9.28(c) ARMER Debt Service. $17,557,000 the
9.29first year and $23,261,000 the second year
9.30are to the commissioner of finance to pay
9.31debt service on revenue bonds issued under
9.32Minnesota Statutes, section 403.275.
9.33Any portion of this appropriation not needed
9.34to pay debt service in a fiscal year may be
10.1used by the commissioner of public safety to
10.2pay cash for any of the capital improvements
10.3for which bond proceeds were appropriated
10.4by Laws 2005, chapter 136, article 1, section
10.59, subdivision 8, or Laws 2007, chapter 54,
10.6article 1, section 10, subdivision 8.
10.7(d) Metropolitan Council Debt Service.
10.8$1,410,000 each year is to the commissioner
10.9of finance for payment to the Metropolitan
10.10Council for debt service on bonds issued
10.11under Minnesota Statutes, section 403.27.
10.12(e) ARMER State Backbone Operating
10.13Costs. $5,060,000 each year is to the
10.14commissioner of transportation for costs
10.15of maintaining and operating the statewide
10.16radio system backbone.
10.17(f) ARMER Improvements. $1,000,000
10.18each year is for the Statewide Radio Board
10.19for costs of design, construction, maintenance
10.20of, and improvements to those elements
10.21of the statewide public safety radio and
10.22communication system that support mutual
10.23aid communications and emergency medical
10.24services or provide enhancement of public
10.25safety communication interoperability.
10.26(g) Next Generation 911. $3,431,000 the
10.27first year and $6,490,000 the second year
10.28are to replace the current system with the
10.29Next Generation Internet Protocol (IP) based
10.30network. The base level of funding for fiscal
10.31year 2012 shall be $2,965,000.
10.32(h) Grants to Local Government.
10.33$5,000,000 the first year is for grants to
10.34local units of government to assist with
11.1the transition to the ARMER system. This
11.2appropriation is available until June 30, 2012.
| 11.3 11.4 |
Sec. 11. PEACE OFFICER STANDARDS AND TRAINING BOARD (POST) |
$ |
4,012,000 |
$ |
4,012,000 |
||
11.6appropriation is from the peace officer
11.7training account in the special revenue fund.
11.8Any new receipts credited to that account in
11.9the first year in excess of $4,012,000 must be
11.10transferred and credited to the general fund.
11.11Any new receipts credited to that account in
11.12the second year in excess of $4,012,000 must
11.13be transferred and credited to the general
11.14fund.
11.15(b) Peace Officer Training
11.16Reimbursements. $2,859,000 each
11.17year is for reimbursements to local
11.18governments for peace officer training costs.
11.19(c) Prohibition on Use of Appropriation.
11.20No portion of this appropriation may be
11.21used for the purchase of motor vehicles
11.22or out-of-state travel that is not directly
11.23connected with and necessary to carry out
11.24the core functions of the board.
| 11.25 |
Sec. 12. PRIVATE DETECTIVE BOARD |
$ |
123,000 |
$ |
123,000 |
||
11.27portion of this appropriation may be used for
11.28the purchase of motor vehicles or out-of-state
11.29travel that is not directly connected with and
11.30necessary to carry out the core functions of
11.31the board.
| 11.32 |
Sec. 13. HUMAN RIGHTS |
$ |
3,524,000 |
$ |
3,524,000 |
||
12.2portion of this appropriation may be used for
12.3the purchase of motor vehicles or out-of-state
12.4travel that is not directly connected with and
12.5necessary to carry out the core functions of
12.6the department.
| 12.7 |
Sec. 14. DEPARTMENT OF CORRECTIONS |
||||||
| 12.8 |
Subdivision 1.Total Appropriation |
$ |
469,844,000 |
$ |
472,095,000 |
||
| 12.9 |
Appropriations by Fund |
||
| 12.10 |
2010 |
2011 |
|
| 12.11 |
General |
430,954,000 |
471,205,000 |
| 12.12 |
Special Revenue |
890,000 |
890,000 |
| 12.13 |
Federal |
38,000,000 |
0 |
12.15purpose are specified in the following
12.16subdivisions.
12.17(a) Car Fleet. By January 1, 2010, the
12.18commissioner must reduce the department's
12.19fleet of cars by 20 percent.
12.20(b) Prohibition on Use of Appropriation.
12.21No portion of this appropriation may be
12.22used for the purchase of motor vehicles
12.23or out-of-state travel that is not directly
12.24connected with and necessary to carry out
12.25the core functions of the department.
| 12.26 |
Subd. 2.Correctional Institutions |
334,341,000 |
338,199,000 |
||||
| 12.27 |
Appropriations by Fund |
||
| 12.28 |
General |
295,761,000 |
337,619,000 |
| 12.29 |
Special Revenue |
580,000 |
580,000 |
| 12.30 |
Federal |
38,000,000 |
0 |
13.2stabilization account in the federal fund. This
13.3is a onetime appropriation.
13.4The general fund base for this program shall
13.5be $326,085,000 in fiscal year 2012 and
13.6$330,430,000 in fiscal year 2013.
13.7(a) Treatment Alternatives; Report. By
13.8December 15, 2009, the commissioner
13.9must submit an electronic report to the
13.10chairs and ranking minority members of
13.11the house of representatives and senate
13.12committees with jurisdiction over public
13.13safety policy and finance concerning
13.14alternative chemical dependency treatment
13.15opportunities. The report must identify
13.16alternatives that represent best practices in
13.17chemical dependency treatment of offenders.
13.18The report must contain suggestions for
13.19reducing the length of time between
13.20offender commitment to the custody of the
13.21commissioner and graduation from chemical
13.22dependency treatment. To the extent
13.23possible, the report shall identify options
13.24that will (1) reduce the cost of treatment;
13.25(2) expand the number of treatment beds;
13.26(3) improve treatment outcomes; and (4)
13.27lower the rate of substance abuse relapse and
13.28criminal recidivism.
13.29(b) Challenge Incarceration; Maximum
13.30Occupancy. The commissioner shall work to
13.31fill all available challenge incarceration beds
13.32for both male and female offenders. If the
13.33commissioner fails to fill at least 90 percent
13.34of the available challenge incarceration beds
13.35by December 1, 2009, the commissioner
14.1must submit a report to the chairs and
14.2ranking minority members of the house of
14.3representatives and senate committees with
14.4jurisdiction over public safety policy and
14.5finance by January 15, 2010, explaining what
14.6steps the commissioner has taken to fill the
14.7beds and why those steps failed to reach the
14.8goal established by the legislature.
14.9(c) Institutional Efficiencies. The
14.10commissioner shall strive for institutional
14.11efficiencies and must reduce the fiscal year
14.122008 average adult facility per diem of
14.13$89.77 by one percent. The base is cut by
14.14$2,850,000 in the first year and $2,850,000
14.15in the second year to reflect a one percent
14.16reduction in the projected adult facility per
14.17diem. In reducing the projected adult facility
14.18per diem, the commissioner must consider
14.19the following:
14.20(1) cooperating with the state of Wisconsin
14.21to obtain economies of scale;
14.22(2) increasing the bed capacity of the
14.23challenge incarceration program;
14.24(3) increasing the number of nonviolent drug
14.25offenders who are granted conditional release
14.26under Minnesota Statutes, section 244.055;
14.27(4) increasing the use of compassionate
14.28release or less costly detention alternatives
14.29for elderly and infirm offenders;
14.30(5) discontinuing the department's practice
14.31of annually assigning a warden to serve as
14.32a legislative liaison during the legislative
14.33session;
15.1(6) consolidating staff from correctional
15.2institutions in geographical proximity to each
15.3other to achieve efficiencies and cost savings,
15.4including wardens, deputy wardens, and
15.5human resources, technology, and employee
15.6development personnel;
15.7(7) consolidating the department's human
15.8resources, technology, and employee
15.9development functions in a centralized
15.10location;
15.11(8) implementing corrections best practices;
15.12and
15.13(9) implementing cost-saving measures used
15.14by other states and the federal government.
15.15The commissioner must not eliminate
15.16correctional officer positions or implement
15.17any other measure that will jeopardize public
15.18safety to achieve the mandated cost savings.
15.19The commissioner also must not eliminate
15.20treatment beds to achieve the mandated cost
15.21savings.
15.22(d) Per Diem Reduction. If the
15.23commissioner fails to reduce the per diem by
15.24one percent, the commissioner must:
15.25(1) reduce the funding for operations support
15.26by the amount of unrealized savings; and
15.27(2) submit a report by February 15,
15.282010, to the chairs and ranking minority
15.29members of the house of representatives
15.30and senate committees with jurisdiction
15.31over public safety policy and finance that
15.32contains descriptions of what efforts the
15.33commissioner made to reduce the per diem,
15.34explanations for why those steps failed to
16.1reduce the per diem by one percent, proposed
16.2legislative options that would assist the
16.3commissioner in reducing the adult facility
16.4per diem, and descriptions of the specific
16.5actions the commissioner took to reduce
16.6funding in operations support.
16.7If the commissioner reduces the per diem
16.8by more than one percent, the commissioner
16.9must use the savings to provide treatment to
16.10offenders.
16.11(e) Reductions to Certain Programming
16.12Prohibited. When allocating reductions
16.13in services and programming under this
16.14appropriation, the commissioner may not
16.15make reductions to inmate educational
16.16programs, chemical dependency programs,
16.17or reentry programs.
16.18(f) Drug Court Bed Savings. The
16.19commissioner must consider the bed impact
16.20savings of drug courts in formulating its
16.21prison bed projections.
16.22(g) Transfer. Notwithstanding Minnesota
16.23Statutes, section 241.27, the commissioner
16.24of finance shall transfer $1,000,000 the first
16.25year and $1,000,000 the second year from the
16.26Minnesota Correctional Industries revolving
16.27fund to the general fund.
| 16.28 |
Subd. 3.Community Services |
114,144,000 |
112,537,000 |
||||
| 16.29 |
Appropriations by Fund |
||
| 16.30 |
General |
114,044,000 |
112,437,000 |
| 16.31 |
Special Revenue |
100,000 |
100,000 |
16.33first year is for costs associated with the
17.1housing and care of short-term offenders
17.2sentenced prior to June 30, 2009, and housed
17.3in local jails. The commissioner may use
17.4up to ten percent of the total amount of the
17.5appropriation for inpatient medical care
17.6for short-term offenders with less than six
17.7months to serve as affected by the changes
17.8made to Minnesota Statutes, section 609.105,
17.9by Laws 2003, First Special Session chapter
17.102, article 5, sections 7 to 9. All funds not
17.11expended for inpatient medical care shall be
17.12added to and distributed with the housing
17.13funds. These funds shall be distributed
17.14proportionately based on the total number of
17.15days short-term offenders are placed locally,
17.16not to exceed the fiscal year 2009 per diem.
17.17All funds remaining after reimbursements are
17.18made shall be transferred to the department's
17.19institution base budget to offset the costs
17.20of housing short-term offenders who are
17.21sentenced on or after July 1, 2009, and
17.22incarcerated in state correctional facilities.
17.23Short-term offenders sentenced before July
17.241, 2009, may be housed in a state correctional
17.25facility at the discretion of the commissioner.
17.26This does not preclude the commissioner
17.27from contracting with local jails to house
17.28offenders committed to the custody of the
17.29commissioner.
17.30The Department of Corrections is exempt
17.31from the state contracting process for the
17.32purposes of Minnesota Statutes, section
17.33609.105, as amended by Laws 2003, First
17.34Special Session chapter 2, article 5, sections
17.357 to 9.
| 18.1 |
Subd. 4.Operations Support |
21,359,000 |
21,359,000 |
||||
| 18.2 |
Appropriations by Fund |
||
| 18.3 |
General |
21,149,000 |
21,149,000 |
| 18.4 |
Special Revenue |
210,000 |
210,000 |
| 18.5 |
Sec. 15. SENTENCING GUIDELINES |
$ |
604,000 |
$ |
604,000 |
||
18.7portion of this appropriation may be used for
18.8the purchase of motor vehicles or out-of-state
18.9travel that is not directly connected with and
18.10necessary to carry out the core functions of
18.11the commission.
18.14 Section 1. Minnesota Statutes 2008, section 2.722, subdivision 4, is amended to read:
18.15 Subd. 4. Determination of a judicial vacancy. (a) When a judge of the district
18.16court dies, resigns, retires, or is removed from office, the Supreme Court, in consultation
18.17with judges and attorneys in the affected district, shall determine
18.18receiving notice of a vacancy from the governor whether the vacant office is necessary
18.19for effective judicial administration or is necessary for adequate access to the courts.
18.20In determining whether the position is necessary for adequate access to the courts, the
18.21Supreme Court shall consider whether abolition or transfer of the position would result in
18.22a county having no chambered judge. The Supreme Court may continue the position, may
18.23order the position abolished, or may transfer the position to a judicial district where need
18.24for additional judges exists, designating the position as either a county, county/municipal
18.25or district court judgeship. The Supreme Court shall certify any vacancy to the governor,
18.26who shall fill it in the manner provided by law.
18.27(b) If a judge of district court fails to timely file an affidavit of candidacy and filing
18.28fee or petition in lieu of a fee, the official with whom the affidavits of candidacy are
18.29required to be filed shall notify the Supreme Court that the incumbent judge is not seeking
18.30reelection. Within five days of receipt of the notice, the Supreme Court shall determine
18.31whether the judicial position is necessary for effective judicial administration or adequate
18.32access to the courts and notify the official responsible for certifying the election results of
19.1its determination. In determining whether the position is necessary for adequate access to
19.2the courts, the Supreme Court shall consider whether abolition or transfer of the position
19.3would result in a county having no chambered judge. The Supreme Court may continue
19.4the position, may order the position abolished, or may transfer the position to a judicial
19.5district where the need for additional judgeships exists. If the position is abolished or
19.6transferred, the election may not be held. If the position is transferred, the court shall also
19.7notify the governor of the transfer. Upon transfer, the position is vacant and the governor
19.8shall fill it in the manner provided by law. An order abolishing or transferring a position is
19.9effective the first Monday in the next January.
19.10 Sec. 2. Minnesota Statutes 2008, section 2.722, subdivision 4a, is amended to read:
19.11 Subd. 4a. Referee vacancy; conversion to judgeship. When a referee of the
19.12district court dies, resigns, retires, or is voluntarily removed from the position, the chief
19.13judge of the district shall notify the Supreme Court and may petition to request that the
19.14position be converted to a judgeship. The Supreme Court shall determine
19.15
19.16judgeship in the affected or another judicial district. The Supreme Court shall certify any
19.17judicial vacancy to the governor, who shall fill it in the manner provided by law. The
19.18conversion of a referee position to a judgeship under this subdivision shall not reduce the
19.19total number of judges and referees hearing cases in the family and juvenile courts.
19.20 Sec. 3. Minnesota Statutes 2008, section 2.724, subdivision 2, is amended to read:
19.21 Subd. 2. Procedure. To promote and secure more efficient administration of justice,
19.22the chief justice of the Supreme Court of the state shall supervise and coordinate the work
19.23of the courts of the state. The Supreme Court may provide by rule that the chief justice not
19.24be required to write opinions as a member of the Supreme Court. Its rules may further
19.25provide for it to hear and consider cases in divisions. It may by rule assign temporarily
19.26any retired justice of the Supreme Court or one judge of the Court of Appeals or district
19.27court judge at a time to act as a justice of the Supreme Court or any number of justices
19.28or retired justices of the Supreme Court to act as judges of the Court of Appeals. Upon
19.29the assignment of a Court of Appeals judge or a district court judge to act as a justice of
19.30the Supreme Court, a judge previously acting as a justice may complete unfinished duties
19.31of that position. Any number of justices may disqualify themselves from hearing and
19.32considering a case, in which event the Supreme Court may assign temporarily a retired
19.33justice of the Supreme Court, a Court of Appeals judge, or a district court judge to hear
19.34and consider the case in place of each disqualified justice.
20.1
20.2
20.3
20.4
20.5 Sec. 4. Minnesota Statutes 2008, section 2.724, subdivision 3, is amended to read:
20.6 Subd. 3. Retired justices and judges. (a) The chief justice of the Supreme Court
20.7may assign a retired justice of the Supreme Court to act as a justice of the Supreme Court
20.8pursuant to subdivision 2 or as a judge of any other court. The chief justice may assign a
20.9retired judge of any court to act as a judge of any court except the Supreme Court. The
20.10chief justice of the Supreme Court shall determine the pay and expenses to be received by
20.11a justice or judge acting pursuant to this paragraph.
20.12(b) A judge who has been elected to office and who has retired as a judge in good
20.13standing and is not practicing law may also be appointed to serve as judge of any court
20.14except the Supreme Court. A retired judge acting under this paragraph will receive pay
20.15and expenses in the amount established by the Supreme Court.
20.16 Sec. 5. Minnesota Statutes 2008, section 86B.705, subdivision 2, is amended to read:
20.17 Subd. 2. Fines and bail money. (a) All fines, installment payments, and forfeited
20.18bail money collected from persons convicted of violations of this chapter or rules adopted
20.19thereunder, or of a violation of section
20.20
20.21
20.22
20.23(b) One-half of the receipts shall be credited to the general revenue fund
20.24
20.25the commissioner of natural resources
20.26the water recreation account for the purpose of boat and water safety.
20.27 Sec. 6. Minnesota Statutes 2008, section 134A.09, subdivision 2a, is amended to read:
20.28 Subd. 2a. Petty misdemeanor cases and criminal convictions; fee assessment. In
20.29Hennepin County and Ramsey County, the district court administrator or a designee may,
20.30upon the recommendation of the board of trustees and by standing order of the judges
20.31of the district court, include in the costs or disbursements assessed against a defendant
20.32convicted in the district court of the violation of a statute or municipal ordinance, a county
20.33law library fee. This fee may be collected in all petty misdemeanor cases and criminal
21.1prosecutions in which, upon conviction, the defendant may be subject to the payment of
21.2the costs or disbursements in addition to a fine or other penalty. When a defendant is
21.3convicted of more than one offense in a case, the county law library fee shall be imposed
21.4only once in that case.
21.5 Sec. 7. Minnesota Statutes 2008, section 134A.10, subdivision 3, is amended to read:
21.6 Subd. 3. Petty misdemeanor cases and criminal convictions; fee assessment.
21.7The judge of district court may, upon the recommendation of the board of trustees and
21.8by standing order, include in the costs or disbursements assessed against a defendant
21.9convicted in the district court of the violation of any statute or municipal ordinance, in
21.10all petty misdemeanor cases and criminal prosecutions in which, upon conviction, the
21.11defendant may be subject to the payment of the costs or disbursements in addition to a fine
21.12or other penalty a county law library fee. When a defendant is convicted of more than one
21.13offense in a case, the county law library fee shall be imposed only once in that case. The
21.14item of costs or disbursements may not be assessed for any offense committed prior to the
21.15establishment of the county law library.
21.16 Sec. 8. Minnesota Statutes 2008, section 152.0262, subdivision 1, is amended to read:
21.17 Subdivision 1. Possession of precursors. (a) A person is guilty of a crime if the
21.18person possesses any chemical reagents or precursors with the intent to manufacture
21.19methamphetamine and if convicted may be sentenced to imprisonment for not more than
21.20ten years or to payment of a fine of not more than $20,000, or both.
21.21(b) A person is guilty of a crime if the person possesses any chemical reagents or
21.22precursors with the intent to manufacture methamphetamine and may be sentenced to
21.23imprisonment for not more than 15 years or to payment of a fine of not more than $30,000,
21.24or both, if the conviction is for a subsequent controlled substance conviction.
21.25 As used in this section and section
21.26includes any of the following substances, or any similar substances that can be used to
21.27manufacture methamphetamine, or the salts, isomers, and salts of isomers of a listed or
21.28similar substance:
21.29(1) ephedrine;
21.30(2) pseudoephedrine;
21.31(3) phenyl-2-propanone;
21.32(4) phenylacetone;
21.33(5) anhydrous ammonia;
21.34(6) organic solvents;
22.1(7) hydrochloric acid;
22.2(8) lithium metal;
22.3(9) sodium metal;
22.4(10) ether;
22.5(11) sulfuric acid;
22.6(12) red phosphorus;
22.7(13) iodine;
22.8(14) sodium hydroxide;
22.9(15) benzaldehyde;
22.10(16) benzyl methyl ketone;
22.11(17) benzyl cyanide;
22.12(18) nitroethane;
22.13(19) methylamine;
22.14(20) phenylacetic acid;
22.15(21) hydriodic acid; or
22.16(22) hydriotic acid.
22.17EFFECTIVE DATE.This section is effective July 1, 2009, and applies to crimes
22.18committed on or after that date.
22.19 Sec. 9. Minnesota Statutes 2008, section 169A.20, subdivision 1, is amended to read:
22.20 Subdivision 1. Driving while impaired crime; motor vehicle. It is a crime for
22.21any person to drive, operate, or be in physical control of any motor vehicle, as defined
22.22in section 169A.03, subdivision 15, except for motorboats in operation and off-road
22.23recreational vehicles, within this state or on any boundary water of this state when:
22.24(1)
22.25(2)
22.26(3)
22.27affects the nervous system, brain, or muscles of the person so as to substantially impair
22.28the person's ability to drive or operate the motor vehicle;
22.29(4)
22.30the elements named in clauses (1)
22.31(5)
22.32two hours of the time, of driving, operating, or being in physical control of the motor
22.33vehicle is 0.08 or more;
23.1(6)
23.2concentration at the time, or as measured within two hours of the time, of driving,
23.3operating, or being in physical control of the commercial motor vehicle is 0.04 or more; or
23.4(7)
23.5schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.
23.6EFFECTIVE DATE.This section is effective July 1, 2009, and applies to crimes
23.7committed on or after that date.
23.8 Sec. 10. Minnesota Statutes 2008, section 169A.20, is amended by adding a
23.9subdivision to read:
23.10 Subd. 1a. Driving while impaired crime; motorboat in operation. It is a crime
23.11for any person to operate or be in physical control of a motorboat in operation on any
23.12waters or boundary water of this state when:
23.13(1) the person is under the influence of alcohol;
23.14(2) the person is under the influence of a controlled substance;
23.15(3) the person is knowingly under the influence of a hazardous substance that affects
23.16the nervous system, brain, or muscles of the person so as to substantially impair the
23.17person's ability to drive or operate the motorboat;
23.18(4) the person is under the influence of a combination of any two or more of the
23.19elements named in clauses (1) to (3);
23.20(5) the person's alcohol concentration at the time, or as measured within two hours
23.21of the time, of driving, operating, or being in physical control of the motorboat is 0.08 or
23.22more; or
23.23(6) the person's body contains any amount of a controlled substance listed in
23.24schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.
23.25EFFECTIVE DATE.This section is effective July 1, 2009, and applies to crimes
23.26committed on or after that date.
23.27 Sec. 11. Minnesota Statutes 2008, section 169A.20, is amended by adding a
23.28subdivision to read:
23.29 Subd. 1b. Driving while impaired crime; snowmobile and all-terrain vehicle. It
23.30is a crime for any person to operate or be in physical control of a snowmobile as defined in
23.31section 84.81, subdivision 3, or all-terrain vehicle as defined in section 84.92, subdivision
23.328, anywhere in this state or on the ice of any boundary water of this state when:
23.33(1) the person is under the influence of alcohol;
23.34(2) the person is under the influence of a controlled substance;
24.1(3) the person is knowingly under the influence of a hazardous substance that affects
24.2the nervous system, brain, or muscles of the person so as to substantially impair the
24.3person's ability to drive or operate the snowmobile or all-terrain vehicle;
24.4(4) the person is under the influence of a combination of any two or more of the
24.5elements named in clauses (1) to (3);
24.6(5) the person's alcohol concentration at the time, or as measured within two hours
24.7of the time, of driving, operating, or being in physical control of the snowmobile or
24.8all-terrain vehicle is 0.08 or more; or
24.9(6) the person's body contains any amount of a controlled substance listed in
24.10schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.
24.11EFFECTIVE DATE.This section is effective July 1, 2009, and applies to crimes
24.12committed on or after that date.
24.13 Sec. 12. Minnesota Statutes 2008, section 169A.20, is amended by adding a
24.14subdivision to read:
24.15 Subd. 1c. Driving while impaired crime; off-highway motorcycle and off-road
24.16vehicle. It is a crime for any person to operate or be in physical control of any off-highway
24.17motorcycle as defined in section 84.787, subdivision 7, or any off-road vehicle as defined
24.18in section 84.797, subdivision 7, anywhere in this state or on the ice of any boundary
24.19water of this state when:
24.20(1) the person is under the influence of alcohol;
24.21(2) the person is under the influence of a controlled substance;
24.22(3) the person is knowingly under the influence of a hazardous substance that affects
24.23the nervous system, brain, or muscles of the person so as to substantially impair the
24.24person's ability to drive or operate the off-highway motorcycle or off-road vehicle;
24.25(4) the person is under the influence of a combination of any two or more of the
24.26elements named in clauses (1) to (3);
24.27(5) the person's alcohol concentration at the time, or as measured within two hours of
24.28the time, of driving, operating, or being in physical control of the off-highway motorcycle
24.29or off-road vehicle is 0.08 or more; or
24.30(6) the person's body contains any amount of a controlled substance listed in
24.31schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.
24.32EFFECTIVE DATE.This section is effective July 1, 2009, and applies to crimes
24.33committed on or after that date.
24.34 Sec. 13. Minnesota Statutes 2008, section 169A.25, subdivision 1, is amended to read:
25.1 Subdivision 1. Degree described. (a) A person who violates section
25.2subdivision 1
25.3driving while impaired if two or more aggravating factors were present when the violation
25.4was committed.
25.5 (b) A person who violates section
25.6chemical test crime), is guilty of second-degree driving while impaired if one aggravating
25.7factor was present when the violation was committed.
25.8EFFECTIVE DATE.This section is effective July 1, 2009, and applies to crimes
25.9committed on or after that date.
25.10 Sec. 14. Minnesota Statutes 2008, section 169A.26, subdivision 1, is amended to read:
25.11 Subdivision 1. Degree described. (a) A person who violates section
25.12subdivision 1
25.13while impaired if one aggravating factor was present when the violation was committed.
25.14 (b) A person who violates section
25.15chemical test crime), is guilty of third-degree driving while impaired.
25.16EFFECTIVE DATE.This section is effective July 1, 2009, and applies to crimes
25.17committed on or after that date.
25.18 Sec. 15. Minnesota Statutes 2008, section 169A.27, subdivision 1, is amended to read:
25.19 Subdivision 1. Degree described. A person who violates section
25.20subdivision 1, 1a, 1b, or 1c
25.21driving while impaired.
25.22EFFECTIVE DATE.This section is effective July 1, 2009, and applies to crimes
25.23committed on or after that date.
25.24 Sec. 16. Minnesota Statutes 2008, section 169A.28, subdivision 2, is amended to read:
25.25 Subd. 2. Permissive consecutive sentences; multiple offenses. (a) When a person
25.26is being sentenced for a violation of a provision listed in paragraph (e), the court may
25.27sentence the person to a consecutive term of imprisonment for a violation of any other
25.28provision listed in paragraph (e), notwithstanding the fact that the offenses arose out of the
25.29same course of conduct, subject to the limitation on consecutive sentences contained in
25.30section
25.31 (b) When a person is being sentenced for a violation of section
25.32of condition of restricted license),
26.1cancellation, or disqualification),
26.2(violation of condition of limited license), the court may not impose a consecutive sentence
26.3for another violation of a provision in chapter 171 (drivers' licenses and training schools).
26.4 (c) When a person is being sentenced for a violation of section
26.5provide proof of insurance) or
26.6may not impose a consecutive sentence for another violation of a provision of sections
26.8 (d) This subdivision does not limit the authority of the court to impose consecutive
26.9sentences for crimes arising on different dates or to impose a consecutive sentence when
26.10a person is being sentenced for a crime and is also in violation of the conditions of
26.11a stayed or otherwise deferred sentence under section
26.12execution of sentence).
26.13 (e) This subdivision applies to misdemeanor and gross misdemeanor violations of
26.14the following if the offender has two or more prior impaired driving convictions within
26.15the past ten years:
26.16 (1) section
26.17driving offenses);
26.18 (2) section
26.19 (3) section
26.20 (4) section
26.21 (5) section
26.22 (6) section
26.23cancellation, or disqualification);
26.24 (7) section
26.25 (8) section
26.26EFFECTIVE DATE.This section is effective July 1, 2009, and applies to crimes
26.27committed on or after that date.
26.28 Sec. 17. Minnesota Statutes 2008, section 169A.284, is amended to read:
26.29169A.284 CHEMICAL DEPENDENCY ASSESSMENT CHARGE;
26.30SURCHARGE.
26.31 Subdivision 1. When required. (a) When a court sentences a person convicted
26.32of an offense enumerated in section
26.33requirement; form), it shall order the person to pay the cost of the assessment directly
26.34to the entity conducting the assessment or providing the assessment services in an
26.35amount determined by the entity conducting or providing the service and shall impose
27.1a chemical dependency assessment charge of
27.2assessment charge, but may not waive the cost for the assessment paid directly to the
27.3entity conducting the assessment or providing assessment services. A person shall pay
27.4an additional surcharge of $5 if the person is convicted of a violation of section
27.5(driving while impaired) within five years of a prior impaired driving conviction or a prior
27.6conviction for an offense arising out of an arrest for a violation of section
27.7Minnesota Statutes 1998, section
27.8substance) or
27.9when the sentence is executed, stayed, or suspended. The court may not waive payment
27.10or authorize payment of the assessment charge and surcharge in installments unless it
27.11makes written findings on the record that the convicted person is indigent or that the
27.12assessment charge and surcharge would create undue hardship for the convicted person or
27.13that person's immediate family.
27.14(b) The chemical dependency assessment charge and surcharge required under
27.15this section are in addition to the surcharge required by section
27.16(surcharges on criminal and traffic offenders).
27.17 Subd. 2. Distribution of money. The
27.18forward
27.19charge and the $5 surcharge, if any,
27.20
27.21
27.22state treasury and credited to the general fund.
27.23
27.24 Sec. 18. Minnesota Statutes 2008, section 169A.46, subdivision 1, is amended to read:
27.25 Subdivision 1. Impairment occurred after driving ceased. If proven by a
27.26preponderance of the evidence, it is an affirmative defense to a violation of section
27.28while impaired, alcohol concentration within two hours of driving), or
27.29person having an alcohol concentration of 0.20 or more as measured at the time, or within
27.30two hours of the time, of the offense, that the defendant consumed a sufficient quantity
27.31of alcohol after the time of the violation and before the administration of the evidentiary
27.32test to cause the defendant's alcohol concentration to exceed the level specified in the
27.33applicable clause. Evidence that the defendant consumed alcohol after the time of the
27.34violation may not be admitted in defense to any alleged violation of section
28.1unless notice is given to the prosecution prior to the omnibus or pretrial hearing in the
28.2matter.
28.3EFFECTIVE DATE.This section is effective July 1, 2009, and applies to crimes
28.4committed on or after that date.
28.5 Sec. 19. Minnesota Statutes 2008, section 169A.54, subdivision 1, is amended to read:
28.6 Subdivision 1. Revocation periods for DWI convictions. Except as provided in
28.7subdivision 7, the commissioner shall revoke the driver's license of a person convicted
28.8of violating section
28.9with it, as follows:
28.10 (1) for an offense under section
28.11crime): not less than 30 days;
28.12 (2) for an offense under section
28.13chemical test crime): not less than 90 days;
28.14 (3) for an offense occurring within ten years of a qualified prior impaired driving
28.15incident:
28.16 (i) if the current conviction is for a violation of section
28.171
28.18or rehabilitation has been successfully completed where prescribed in accordance with
28.19section
28.20 (ii) if the current conviction is for a violation of section
28.21less than one year and until the court has certified that treatment or rehabilitation has been
28.22successfully completed where prescribed in accordance with section
28.23 (4) for an offense occurring within ten years of the first of two qualified prior
28.24impaired driving incidents: not less than one year, together with denial under section
28.26standards established by the commissioner; or
28.27 (5) for an offense occurring within ten years of the first of three or more qualified
28.28prior impaired driving incidents: not less than two years, together with denial under
28.29section
28.30with standards established by the commissioner.
28.31EFFECTIVE DATE.This section is effective July 1, 2009, and applies to crimes
28.32committed on or after that date.
28.33 Sec. 20. Minnesota Statutes 2008, section 299D.03, subdivision 5, is amended to read:
29.1 Subd. 5. Traffic fines and forfeited bail money. (a) All fines and forfeited bail
29.2money,
29.3or arrested by officers of the State Patrol, shall be
29.4officer collecting the fines, forfeited bail money, or installments thereof, on or before the
29.5tenth day after the last day of the month in which these moneys were collected, to the
29.6
29.7Except where a different disposition is required in this paragraph, paragraph (b), section
29.8387.213, or otherwise provided by law, three-eighths of these receipts
29.9
29.10
29.11
29.12the state general fund. The other five-eighths of these receipts
29.13
29.14credited as follows: (1) the first $600,000 in each fiscal year must be credited to the
29.15Minnesota grade crossing safety account in the special revenue fund, and (2) remaining
29.16receipts must be credited to the state trunk highway fund. If, however, the violation occurs
29.17within a municipality and the city attorney prosecutes the offense, and a plea of not guilty
29.18is entered, one-third of the receipts shall be deposited in the state treasury and credited
29.19to the state general
29.20to the municipality prosecuting the offense, and one-third shall be
29.21
29.22and credited to the Minnesota grade crossing safety account or the state trunk highway
29.23fund as provided in this paragraph. When section 387.213 also is applicable to the fine,
29.24section 387.213 shall be applied before this paragraph is applied. All costs of participation
29.25in a nationwide police communication system chargeable to the state of Minnesota shall
29.26be paid from appropriations for that purpose.
29.27(b) Notwithstanding any other provisions of law, all fines and forfeited bail money
29.28from violations of statutes governing the maximum weight of motor vehicles, collected
29.29from persons apprehended or arrested by employees of the state of Minnesota, by means
29.30of stationary or portable scales operated by these employees, shall be
29.31the person or officer collecting the fines or forfeited bail money, on or before the tenth day
29.32after the last day of the month in which the collections were made, to the
29.33
29.34receipts shall be
29.35deposited in the state treasury and credited to the state highway user tax distribution fund.
29.36Three-eighths of these receipts shall be deposited in the state treasury and credited to the
30.1state general
30.2
30.3
30.4
30.5 Sec. 21. Minnesota Statutes 2008, section 357.021, subdivision 2, is amended to read:
30.6 Subd. 2. Fee amounts. The fees to be charged and collected by the court
30.7administrator shall be as follows:
30.8(1) In every civil action or proceeding in said court, including any case arising under
30.9the tax laws of the state that could be transferred or appealed to the Tax Court, the plaintiff,
30.10petitioner, or other moving party shall pay, when the first paper is filed for that party in said
30.11action, a fee of
30.12The defendant or other adverse or intervening party, or any one or more of several
30.13defendants or other adverse or intervening parties appearing separately from the others,
30.14shall pay, when the first paper is filed for that party in said action, a fee of
30.15except in marriage dissolution actions the fee is
30.16The party requesting a trial by jury shall pay
30.17The fees above stated shall be the full trial fee chargeable to said parties irrespective
30.18of whether trial be to the court alone, to the court and jury, or disposed of without trial,
30.19and shall include the entry of judgment in the action, but does not include copies or
30.20certified copies of any papers so filed or proceedings under chapter 103E, except the
30.21provisions therein as to appeals.
30.22(2) Certified copy of any instrument from a civil or criminal proceeding,
30.23and
30.24(3) Issuing a subpoena,
30.25(4) Filing a motion or response to a motion in civil, family, excluding child support,
30.26and guardianship cases,
30.27(5) Issuing an execution and filing the return thereof; issuing a writ of attachment,
30.28injunction, habeas corpus, mandamus, quo warranto, certiorari, or other writs not
30.29specifically mentioned,
30.30(6) Issuing a transcript of judgment, or for filing and docketing a transcript of
30.31judgment from another court,
30.32(7) Filing and entering a satisfaction of judgment, partial satisfaction, or assignment
30.33of judgment, $5.
30.34(8) Certificate as to existence or nonexistence of judgments docketed, $5 for each
30.35name certified to.
31.1(9) Filing and indexing trade name; or recording basic science certificate;
31.2or recording certificate of physicians, osteopaths, chiropractors, veterinarians, or
31.3optometrists, $5.
31.4(10) For the filing of each partial, final, or annual account in all trusteeships,
31.5(11) For the deposit of a will,
31.6(12) For recording notary commission, $100, of which, notwithstanding subdivision
31.71a, paragraph (b), $80 must be forwarded to the commissioner of finance to be deposited
31.8in the state treasury and credited to the general fund.
31.9(13) Filing a motion or response to a motion for modification of child support,
31.10a fee of
31.11(14) All other services required by law for which no fee is provided, such fee
31.12as compares favorably with those herein provided, or such as may be fixed by rule or
31.13order of the court.
31.14(15) In addition to any other filing fees under this chapter, a surcharge in the
31.15amount of $75 must be assessed in accordance with section
31.16each adoption petition filed in district court to fund the fathers' adoption registry under
31.17section
31.18The fees in clauses (3) and (5) need not be paid by a public authority or the party
31.19the public authority represents.
31.20 Sec. 22. Minnesota Statutes 2008, section 357.021, subdivision 6, is amended to read:
31.21 Subd. 6. Surcharges on criminal and traffic offenders. (a) Except as provided
31.22in this paragraph, the court shall impose and the court administrator shall collect a $75
31.23surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or
31.24petty misdemeanor offense, other than a violation of a law or ordinance relating to vehicle
31.25parking, for which there shall be a
31.26of more than one offense in a case, the surcharge shall be imposed only once in that
31.27case. In the Second Judicial District, the court shall impose, and the court administrator
31.28shall collect, an additional $1 surcharge on every person convicted of any felony, gross
31.29misdemeanor, misdemeanor, or petty misdemeanor offense, including a violation of a law
31.30or ordinance relating to vehicle parking, if the Ramsey County Board of Commissioners
31.31authorizes the $1 surcharge. The surcharge shall be imposed whether or not the person is
31.32sentenced to imprisonment or the sentence is stayed. The surcharge shall not be imposed
31.33when a person is convicted of a petty misdemeanor for which no fine is imposed.
32.1 (b) If the court fails to impose a surcharge as required by this subdivision, the court
32.2administrator shall show the imposition of the surcharge, collect the surcharge, and
32.3correct the record.
32.4 (c) The court may not waive payment of the surcharge required under this
32.5subdivision. Upon a showing of indigency or undue hardship upon the convicted person
32.6or the convicted person's immediate family, the sentencing court may authorize payment
32.7of the surcharge in installments.
32.8 (d) The court administrator or other entity collecting a surcharge shall forward it
32.9to the commissioner of finance.
32.10 (e) If the convicted person is sentenced to imprisonment and has not paid the
32.11surcharge before the term of imprisonment begins, the chief executive officer of the
32.12correctional facility in which the convicted person is incarcerated shall collect the
32.13surcharge from any earnings the inmate accrues from work performed in the facility
32.14or while on conditional release. The chief executive officer shall forward the amount
32.15collected to the
32.16surcharge imposed by the court.
32.17(f) A person who successfully completes a diversion or similar program for a
32.18violation of chapter 169 must pay the surcharge described in this subdivision.
32.19 Sec. 23. Minnesota Statutes 2008, section 357.021, subdivision 7, is amended to read:
32.20 Subd. 7. Disbursement of surcharges by commissioner of finance. (a) Except
32.21as provided in paragraphs (b), (c), and (d), the commissioner of finance shall disburse
32.22surcharges received under subdivision 6 and section
32.23 (1) one percent shall be credited to the game and fish fund to provide peace officer
32.24training for employees of the Department of Natural Resources who are licensed under
32.25sections
32.26enforcing game and fish laws;
32.27 (2) 39 percent shall be credited to the peace officers training account in the special
32.28revenue fund; and
32.29 (3) 60 percent shall be credited to the general fund.
32.30 (b) The commissioner of finance shall credit $3 of each surcharge received under
32.31subdivision 6 and section
32.32 (c) In addition to any amounts credited under paragraph (a), the commissioner
32.33of finance shall credit $47 of each surcharge received under subdivision 6 and section
33.1 (d) If the Ramsey County Board of Commissioners authorizes imposition of
33.2the additional $1 surcharge provided for in subdivision 6, paragraph (a), the court
33.3administrator in the Second Judicial District shall transmit the surcharge to the
33.4commissioner of finance. The $1 special surcharge is deposited in a Ramsey County
33.5surcharge account in the special revenue fund and amounts in the account are appropriated
33.6to the trial courts for the administration of the petty misdemeanor diversion program
33.7operated by the Second Judicial District Ramsey County Violations Bureau.
33.8 Sec. 24. Minnesota Statutes 2008, section 357.022, is amended to read:
33.9357.022 CONCILIATION COURT FEE.
33.10The court administrator in every county shall charge and collect a filing fee of
33.11$65 from every plaintiff and from every defendant when the first paper for that party is
33.12filed in any conciliation court action. This section does not apply to conciliation court
33.13actions filed by the state. The court administrator shall transmit the fees monthly to the
33.14commissioner of finance for deposit in the state treasury and credit to the general fund.
33.15 Sec. 25. Minnesota Statutes 2008, section 357.08, is amended to read:
33.16357.08 PAID BY APPELLANT IN APPEAL.
33.17There shall be paid to the clerk of the appellate courts by the appellant, or moving
33.18party or person requiring the service, in all cases of appeal, certiorari, habeas corpus,
33.19mandamus, injunction, prohibition, or other original proceeding, when initially filed with
33.20the clerk of the appellate courts, the sum of
33.21An additional filing fee of $100 shall be required for a petition for accelerated review by
33.22the Supreme Court. A filing fee of
33.23courts upon the filing of a petition for review from a decision of the Court of Appeals. A
33.24filing fee of
33.25of a petition for permission to appeal. A filing fee of $100 shall be paid to the clerk of
33.26the appellate courts upon the filing by a respondent of a notice of review. The clerk shall
33.27transmit the fees to the commissioner of finance for deposit in the state treasury and
33.28credit to the general fund.
33.29The clerk shall not file any paper, issue any writ or certificate, or perform any service
33.30enumerated herein, until the payment has been made for it. The clerk shall pay the sum
33.31into the state treasury as provided for by section
33.32The charges provided for shall not apply to disbarment proceedings, nor to an
33.33action or proceeding by the state taken solely in the public interest, where the state is the
33.34appellant or moving party, nor to copies of the opinions of the court furnished by the clerk
34.1to the parties before judgment, or furnished to the district judge whose decision is under
34.2review, or to such law library associations in counties having a population exceeding
34.350,000, as the court may direct.
34.4 Sec. 26. Minnesota Statutes 2008, section 364.08, is amended to read:
34.5364.08 PRACTICE OF LAW; EXCEPTION.
34.6This chapter shall not apply to the practice of law or judicial branch employment;
34.7but nothing in this section shall be construed to preclude the Supreme Court, in its
34.8discretion, from adopting the policies set forth in this chapter.
34.9 Sec. 27. Minnesota Statutes 2008, section 375.14, is amended to read:
34.10375.14 OFFICES AND SUPPLIES FURNISHED FOR COUNTY OFFICERS.
34.11The county board shall provide offices at the county seat for the auditor, treasurer,
34.12county recorder, sheriff, court administrator of the district court, and an office for the
34.13county engineer at a site determined by the county board, with suitable furniture and
34.14safes and vaults for the security and preservation of the books and papers of the offices,
34.15and provide heating, lighting, and maintenance of the offices. The board shall furnish
34.16all county officers with all books, stationery, letterheads, envelopes, postage, telephone
34.17service, office equipment, electronic technology, and supplies necessary to the discharge
34.18of their respective duties
34.19
34.20
34.21technical books or instruments except when the board deems them directly necessary to
34.22the discharge of official duties as part of the permanent equipment of the office.
34.23 Sec. 28. Minnesota Statutes 2008, section 480.15, is amended by adding a subdivision
34.24to read:
34.25 Subd. 10c. Uniform collections policies and procedures for courts. (a) The
34.26state court administrator under the direction of the Judicial Council may promulgate
34.27uniform collections policies and procedures for the courts and may contract with credit
34.28bureaus, public and private collection agencies, the Department of Revenue, and other
34.29public or private entities providing collection services as necessary for the collection
34.30of court debts. The court collection process and procedures are not subject to section
34.3116A.1285. Court debts referred to the Department of Revenue for collection are not
34.32subject to section 16D.07.
35.1(b) Court debt means an amount owed to the state directly or through the judicial
35.2branch on account of a fee, duty, rent, service, overpayment, fine, assessment, surcharge,
35.3court cost, penalty, restitution, damages, interest, bail bond, forfeiture, reimbursement,
35.4liability owed, an assignment to the judicial branch, recovery of costs incurred by the
35.5judicial branch, or any other source of indebtedness to the judicial branch as well as
35.6amounts owed to other public or private entities for which the judicial branch acts in
35.7providing collection services, or any other amount owed to the judicial branch.
35.8(c) The courts must pay for the collection services of public or private collection
35.9entities as well as the cost of one or more court employees to provide collection interface
35.10services between the Department of Revenue, the courts, and one or more collection
35.11entities from the money collected. The portion of the money collected which must be paid
35.12to the collection entity as collection fees and costs and the portion of the money collected
35.13which must be paid to the courts or Department of Revenue for collection services are
35.14appropriated from the fund to which the collected money is due.
35.15(d) As determined by the state court administrator, collection costs shall be added to
35.16the debts referred to a public or private collection entity for collection.
35.17Collection costs shall include the fees of the collection entity, and may include, if
35.18separately provided, skip tracing fees, credit bureau reporting charges, fees assessed
35.19by any public entity for obtaining information necessary for debt collection, or other
35.20collection-related costs. Collection costs shall also include the costs of one or more court
35.21employees employed by the state court administrator to provide a collection interface
35.22between the collection entity, the Department of Revenue, and the courts.
35.23If the collection entity collects an amount less than the total due, the payment is
35.24applied proportionally to collection costs and the underlying debt. Collection costs in
35.25excess of collection agency fees and court employee collection interface costs must be
35.26deposited in the general fund as nondedicated receipts.
35.27 Sec. 29. Minnesota Statutes 2008, section 484.85, is amended to read:
35.28484.85 DISPOSITION OF FINES, FEES, AND OTHER MONEY;
35.29ACCOUNTS; RAMSEY COUNTY DISTRICT COURT.
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(a) In all cases prosecuted in Ramsey County District Court by an attorney for
36.24a municipality or subdivision of government within Ramsey County for violation of
36.25a statute; an ordinance; or a charter provision, rule, or regulation of a city; all fines,
36.26penalties, and forfeitures collected by the court administrator shall be deposited in the state
36.27treasury and distributed according to this paragraph. Except where a different disposition
36.28is provided by section 299D.03, subdivision 5, or other law, on or before the last day of
36.29each month, the court shall pay over all fines, penalties, and forfeitures collected by the
36.30court administrator during the previous month as follows:
36.31(1) for offenses committed within the city of St. Paul, two-thirds paid to the treasurer
36.32of the city of St. Paul and one-third credited to the state general fund; and
36.33(2) for offenses committed within any other municipality or subdivision of
36.34government within Ramsey County, one-half to the treasurer of the municipality or
36.35subdivision of government and one-half credited to the state general fund.
37.1All other fines, penalties, and forfeitures collected by the district court shall be
37.2distributed by the courts as provided by law.
37.3(b) Fines, penalties, and forfeitures shall be distributed as provided in paragraph
37.4(a) when:
37.5(1) a city contracts with the county attorney for prosecutorial services under section
37.6484.87, subdivision 3; or
37.7(2) the attorney general provides assistance to the city attorney under section 484.87,
37.8subdivision 5.
37.9 Sec. 30. Minnesota Statutes 2008, section 484.90, subdivision 6, is amended to read:
37.10 Subd. 6. Allocation.
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
37.34district court by an attorney for a municipality or other subdivision of government within
37.35the county for violations of state statute, or of an ordinance; or charter provision, rule,
38.1or regulation of a city; all fines, penalties, and forfeitures collected shall be deposited in
38.2the state treasury and distributed according to this paragraph. Except where a different
38.3disposition is provided by section 299D.03, subdivision 5, 484.841, 484.85, or other law,
38.4on or before the last day of each month, the courts shall pay over all fines, penalties, and
38.5forfeitures collected by the court administrator during the previous month as follows:
38.6(1) 100 percent of all fines or penalties for parking violations for which complaints
38.7and warrants have not been issued to the treasurer of the city or town in which the offense
38.8was committed; and
38.9(2) two-thirds of all other fines to the treasurer of the city or town in which the
38.10offense was committed and one-third credited to the state general fund.
38.11All other fines, penalties, and forfeitures collected by the court administrator shall be
38.12distributed by the courts as provided by law.
38.13(b) Fines, penalties, and forfeitures shall be distributed as provided in paragraph
38.14(a) when:
38.15(1) a city contracts with the county attorney for prosecutorial services under section
38.16484.87, subdivision 3;
38.17(2) a city has a population of 600 or less and has given the duty to prosecute cases to
38.18the county attorney under section 487.87; or
38.19(3) the attorney general provides assistance to the county attorney as permitted
38.20by law.
38.21 Sec. 31. Minnesota Statutes 2008, section 484.91, subdivision 1, is amended to read:
38.22 Subdivision 1. Establishment. Misdemeanor violations bureaus in the Fourth
38.23Judicial District shall be established in
38.24
38.25
38.26 Sec. 32. Minnesota Statutes 2008, section 491A.02, subdivision 9, is amended to read:
38.27 Subd. 9. Judgment debtor disclosure. Notwithstanding any contrary provision in
38.28rule 518 of the Conciliation Court Rules, unless the parties have otherwise agreed, if a
38.29conciliation court judgment or a judgment of district court on removal from conciliation
38.30court has been docketed in district court, the judgment creditor's attorney as an officer of
38.31the court may or the district court in the county in which the judgment originated shall,
38.32upon request of the judgment creditor, order the judgment debtor to mail to the judgment
38.33creditor information as to the nature, amount, identity, and locations of all the debtor's
38.34assets, liabilities, and personal earning. The information must be provided on a form
39.1prescribed by the Supreme Court, and the information shall be sufficiently detailed to
39.2enable the judgment creditor to obtain satisfaction of the judgment by way of execution on
39.3nonexempt assets and earnings of the judgment debtor. The order must contain a notice
39.4that failure to complete the form and mail it to the judgment creditor within ten days after
39.5service of the order may result in a citation for civil contempt of court. Cash bail posted as
39.6a result of being cited for civil contempt of court order under this section may be ordered
39.7payable to the creditor to satisfy the judgment, either partially or fully.
39.8 Sec. 33. Minnesota Statutes 2008, section 491A.03, subdivision 1, is amended to read:
39.9 Subdivision 1. Judges; referees. The judges of district court
39.10judges of conciliation court.
39.11
39.12as referees in conciliation court;
39.13shall establish qualifications for the office, specify the duties and length of service of
39.14referees, and fix their compensation
39.15
39.16EFFECTIVE DATE.This section is effective the day following final enactment.
39.17 Sec. 34. Minnesota Statutes 2008, section 525.091, subdivision 1, is amended to read:
39.18 Subdivision 1. Original documents. The court administrator of any county upon
39.19order of the judge exercising probate jurisdiction may destroy all the original documents
39.20in any probate proceeding of record in the office
39.21has been closed provided the original or a Minnesota state archives commission approved
39.22photographic, photostatic, microphotographic, microfilmed, or similarly reproduced copy
39.23of the original of the following enumerated documents in the proceeding are on file in
39.24the office.
39.25Enumerated original documents:
39.26(a) In estates, the jurisdictional petition and proof of publication of the notice of
39.27hearing thereof; will and certificate of probate; letters; inventory and appraisal; orders
39.28directing and confirming sale, mortgage, lease, or for conveyance of real estate; order
39.29setting apart statutory selection; receipts for federal estate taxes and state estate taxes;
39.30orders of distribution and general protection; decrees of distribution; federal estate tax
39.31closing letter, consent to discharge by commissioner of revenue and order discharging
39.32representative; and any amendment of the listed documents.
39.33When an estate is deemed closed as provided in clause (d) of this subdivision, the
39.34enumerated documents shall include all claims of creditors.
40.1(b) In guardianships or conservatorships, the jurisdictional petition and order for
40.2hearing thereof with proof of service; letters; orders directing and confirming sale,
40.3mortgage, lease or for conveyance of real estate; order for restoration to capacity and order
40.4discharging guardian; and any amendment of the listed documents.
40.5(c) In mental, inebriety, and indigent matters, the jurisdictional petition; report of
40.6examination; warrant of commitment; notice of discharge from institution, or notice of
40.7death and order for restoration to capacity; and any amendment of the listed documents.
40.8(d) Except for the enumerated documents described in this subdivision, the court
40.9administrator may destroy all other original documents in any probate proceeding without
40.10retaining any reproduction of the document. For the purpose of this subdivision, a
40.11proceeding is deemed closed if no document has been filed in the proceeding for a period
40.12of 15 years, except in the cases of wills filed for safekeeping and those containing wills of
40.13decedents not adjudicated upon.
40.14 Sec. 35. Minnesota Statutes 2008, section 549.09, subdivision 1, is amended to read:
40.15 Subdivision 1. When owed; rate. (a) When a judgment or award is for the recovery
40.16of money, including a judgment for the recovery of taxes, interest from the time of
40.17the verdict, award, or report until judgment is finally entered shall be computed by the
40.18court administrator or arbitrator as provided in paragraph (c) and added to the judgment
40.19or award.
40.20(b) Except as otherwise provided by contract or allowed by law, preverdict,
40.21preaward, or prereport interest on pecuniary damages shall be computed as provided
40.22in paragraph (c) from the time of the commencement of the action or a demand for
40.23arbitration, or the time of a written notice of claim, whichever occurs first, except as
40.24provided herein. The action must be commenced within two years of a written notice of
40.25claim for interest to begin to accrue from the time of the notice of claim. If either party
40.26serves a written offer of settlement, the other party may serve a written acceptance or a
40.27written counteroffer within 30 days. After that time, interest on the judgment or award
40.28shall be calculated by the judge or arbitrator in the following manner. The prevailing
40.29party shall receive interest on any judgment or award from the time of commencement
40.30of the action or a demand for arbitration, or the time of a written notice of claim, or as
40.31to special damages from the time when special damages were incurred, if later, until the
40.32time of verdict, award, or report only if the amount of its offer is closer to the judgment or
40.33award than the amount of the opposing party's offer. If the amount of the losing party's
40.34offer was closer to the judgment or award than the prevailing party's offer, the prevailing
40.35party shall receive interest only on the amount of the settlement offer or the judgment or
41.1award, whichever is less, and only from the time of commencement of the action or a
41.2demand for arbitration, or the time of a written notice of claim, or as to special damages
41.3from when the special damages were incurred, if later, until the time the settlement offer
41.4was made. Subsequent offers and counteroffers supersede the legal effect of earlier offers
41.5and counteroffers. For the purposes of clause (2), the amount of settlement offer must
41.6be allocated between past and future damages in the same proportion as determined by
41.7the trier of fact. Except as otherwise provided by contract or allowed by law, preverdict,
41.8preaward, or prereport interest shall not be awarded on the following:
41.9(1) judgments, awards, or benefits in workers' compensation cases, but not including
41.10third-party actions;
41.11(2) judgments or awards for future damages;
41.12(3) punitive damages, fines, or other damages that are noncompensatory in nature;
41.13(4) judgments or awards not in excess of the amount specified in section
41.14and
41.15(5) that portion of any verdict, award, or report which is founded upon interest, or
41.16costs, disbursements, attorney fees, or other similar items added by the court or arbitrator.
41.17(c)(1) For a judgment or award of $50,000 or less, the interest shall be computed as
41.18simple interest per annum. The rate of interest shall be based on the secondary market
41.19yield of one year United States Treasury bills, calculated on a bank discount basis as
41.20provided in this section.
41.21On or before the 20th day of December of each year the state court administrator
41.22shall determine the rate from the one-year constant maturity treasury yield for the most
41.23recent calendar month, reported on a monthly basis in the latest statistical release of the
41.24board of governors of the Federal Reserve System. This yield, rounded to the nearest one
41.25percent, or four percent, whichever is greater, shall be the annual interest rate during the
41.26succeeding calendar year. The state court administrator shall communicate the interest
41.27rates to the court administrators and sheriffs for use in computing the interest on verdicts
41.28and shall make the interest rates available to arbitrators.
41.29(2) For a judgment or award over $50,000, the interest rate shall be ten percent
41.30per year until paid.
41.31(3) When a judgment creditor, or the judgment creditor's attorney or agent, has
41.32received a payment after entry of judgment, whether the payment is made voluntarily by
41.33or on behalf of the judgment debtor, or is collected by legal process other than execution
41.34levy where a proper return has been filed with the court administrator, the judgment
41.35creditor, or the judgment creditor's attorney, before applying to the court administrator
41.36for an execution shall file with the court administrator an affidavit of partial satisfaction.
42.1The affidavit must state the dates and amounts of payments made upon the judgment after
42.2the most recent affidavit of partial satisfaction filed, if any; the part of each payment that
42.3is applied to taxable disbursements and to accrued interest and to the unpaid principal
42.4balance of the judgment; and the accrued, but the unpaid interest owing, if any, after
42.5application of each payment.
42.6(d) This section does not apply to arbitrations between employers and employees
42.7under chapter 179 or 179A. An arbitrator is neither required to nor prohibited from
42.8awarding interest under chapter 179 or under section
42.9EFFECTIVE DATE.This section is effective August 1, 2009, and applies to
42.10judgments and awards finally entered on or after that date.
42.11 Sec. 36. Minnesota Statutes 2008, section 550.011, is amended to read:
42.12550.011 JUDGMENT DEBTOR DISCLOSURE.
42.13Unless the parties have otherwise agreed, if a judgment has been docketed in
42.14district court for at least 30 days, and the judgment is not satisfied, the judgment creditor's
42.15attorney as an officer of the court may or the district court in the county in which the
42.16judgment originated shall, upon request of the judgment creditor, order the judgment
42.17debtor to mail by certified mail to the judgment creditor information as to the nature,
42.18amount, identity, and locations of all the debtor's assets, liabilities, and personal earnings.
42.19The information must be provided on a form prescribed by the Supreme Court, and
42.20the information shall be sufficiently detailed to enable the judgment creditor to obtain
42.21satisfaction of the judgment by way of execution on nonexempt assets and earnings of the
42.22judgment debtor. The order must contain a notice that failure to complete the form and
42.23mail it to the judgment creditor within ten days after service of the order may result in a
42.24citation for civil contempt of court. Cash bail posted as a result of being cited for civil
42.25contempt of court order under this section may be ordered payable to the creditor to
42.26satisfy the judgment, either partially or fully.
42.27 Sec. 37. Minnesota Statutes 2008, section 609.035, subdivision 2, is amended to read:
42.28 Subd. 2. Consecutive sentences. (a) When a person is being sentenced for a
42.29violation of a provision listed in paragraph (e), the court may sentence the person to a
42.30consecutive term of imprisonment for a violation of any other provision listed in paragraph
42.31(e), notwithstanding the fact that the offenses arose out of the same course of conduct,
42.32subject to the limitation on consecutive sentences contained in section
42.332
43.1(b) When a person is being sentenced for a violation of section
43.3of a provision in chapter 171.
43.4(c) When a person is being sentenced for a violation of section
43.5the court may not impose a consecutive sentence for another violation of a provision
43.6of sections
43.7(d) This subdivision does not limit the authority of the court to impose consecutive
43.8sentences for crimes arising on different dates or to impose a consecutive sentence when a
43.9person is being sentenced for a crime and is also in violation of the conditions of a stayed
43.10or otherwise deferred sentence under section
43.11(e) This subdivision applies to misdemeanor and gross misdemeanor violations of
43.12the following if the offender has two or more prior impaired driving convictions as defined
43.13in section
43.14(1) section
43.15(2) section
43.16(3) section
43.17(4) section
43.18(5) section
43.19(6) section
43.20cancellation, or disqualification;
43.21(7) section
43.22(8) section
43.23(f) When a court is sentencing an offender for a violation of section
43.24violation of an offense listed in paragraph (e), and the offender has five or more qualified
43.25prior impaired driving incidents, as defined in section
43.26the court shall sentence the offender to serve consecutive sentences for the offenses,
43.27notwithstanding the fact that the offenses arose out of the same course of conduct.
43.28EFFECTIVE DATE.This section is effective July 1, 2009, and applies to crimes
43.29committed on or after that date.
43.30 Sec. 38. [609.092] JUVENILE PETTY OFFENDERS; USE OF RESTORATIVE
43.31JUSTICE.
43.32 Subdivision 1. First-time juvenile petty offenders; applicability; procedure. (a)
43.33This subdivision applies to a child alleged to be a juvenile petty offender who:
43.34(1) has not been previously adjudicated delinquent or as a petty offender;
44.1(2) has not previously participated in or completed a diversion program for an
44.2offense;
44.3(3) has not previously been placed on probation without an adjudication for an
44.4offense or received a continuance under section 260B.198, subdivision 7; and
44.5(4) agrees to successfully complete a restorative justice program under this section.
44.6(b) Subject to subdivision 6, the prosecutor shall refer a child described in paragraph
44.7(a) to a restorative justice program or provider that has been included on the approved
44.8provider list described in subdivision 4. The program or provider shall arrange an
44.9appropriate outcome for the matter using restorative justice concepts. The program
44.10or provider shall involve the victim of the offense in the proceedings. If the victim
44.11is unwilling or unable to proceed, or if there is no identifiable victim, the program or
44.12provider shall ensure that someone serves as a proxy for the victim. The program or
44.13provider and child, along with other participants, shall agree in writing to an appropriate
44.14sanction for the child. The sanction may include any of the dispositions authorized in
44.15section 260B.235, if appropriate, along with any other sanctions agreed to.
44.16 Subd. 2. Failure to comply. If a person fails to comply with the settlement
44.17agreement, the person shall be referred back to the court for further proceedings.
44.18 Subd. 3. Dismissal of charge. Upon the successful completion by a person of the
44.19sanctions agreed to in the settlement agreement, the program or provider shall notify the
44.20court and the court shall dismiss the charge against the person.
44.21 Subd. 4. Approved list. The prosecutor shall maintain a list of approved restorative
44.22justice programs and providers to which persons may be referred under this section.
44.23 Subd. 5. Preference for culturally specific programs. If a restorative justice
44.24program or provider that is tailored in a more culturally specific manner to the person is
44.25on the list of approved providers under subdivision 4, and the prosecutor is referring the
44.26person to a restorative justice program or provider under this section, the prosecutor shall
44.27refer the person to the more appropriate program or provider.
44.28 Subd. 6. Exceptions; availability of programs; diversion alternatives; domestic
44.29abuse. This section applies only in jurisdictions where suitable restorative justice
44.30programs and providers are available and are able to accept the referral. This section does
44.31not apply if a prosecutor has determined that a nonrestorative justice diversion program is
44.32more appropriate for the person. In addition, this section does not apply to cases involving
44.33domestic violence or domestic assault.
44.34 Subd. 7. Definition. As used in this section, "restorative justice" has the meaning
44.35given in section 611A.775. The term also includes Native American sentencing circles.
45.1 Sec. 39. Minnesota Statutes 2008, section 609.10, subdivision 1, is amended to read:
45.2 Subdivision 1. Sentences available. (a) Upon conviction of a felony and compliance
45.3with the other provisions of this chapter the court, if it imposes sentence, may sentence
45.4the defendant to the extent authorized by law as follows:
45.5(1) to life imprisonment; or
45.6(2) to imprisonment for a fixed term of years set by the court; or
45.7(3) to both imprisonment for a fixed term of years and payment of a fine; or
45.8(4) to payment of a fine without imprisonment
45.9
45.10(5) to payment of court-ordered restitution in addition to either imprisonment
45.11or payment of a fine, or both; or
45.12(6) to payment of a local correctional fee as authorized under section
45.13addition to any other sentence imposed by the court.
45.14(b) If the court imposes a fine or orders restitution under paragraph (a), payment is
45.15due on the date imposed unless the court otherwise establishes a due date or a payment
45.16plan.
45.17 Sec. 40. Minnesota Statutes 2008, section 609.101, subdivision 3, is amended to read:
45.18 Subd. 3. Controlled substance offenses; minimum fines. (a) Notwithstanding any
45.19other law, when a court sentences a person convicted of a controlled substance crime
45.20under sections
45.2130 percent of the maximum fine authorized by law nor more than the maximum fine
45.22authorized by law.
45.23(b) The minimum fine required by this subdivision is in addition to the surcharge or
45.24assessment required by section
45.25of imprisonment or restitution imposed or ordered by the court.
45.26(c) The court shall collect the fine mandated by this subdivision and forward 70
45.27percent of it to a local drug abuse prevention or intervention program existing or being
45.28implemented in the county in which the crime was committed. The court shall forward the
45.29remaining 30 percent to the commissioner of finance to be credited to the general fund. If
45.30more than one drug abuse prevention or intervention program serves the county in which
45.31the crime was committed, the court may designate on a case-by-case basis which program
45.32will receive the fine proceeds, giving consideration to the community in which the crime
45.33was committed, the funding needs of the program, the number of peace officers in each
45.34community certified to teach the program, and the number of children served by the
45.35program in each community. If no drug abuse prevention or intervention program serves
46.1communities in that county, the court shall forward 100 percent of the fine proceeds to the
46.2commissioner of finance to be credited to the general fund.
46.3(d) The minimum fines required by this subdivision shall be collected as are other
46.4fines. Fine proceeds received by a local drug abuse prevention or intervention program
46.5must be used to support that program, and may be used for salaries of program staff or
46.6peace officers certified to teach the program. The
46.7must report receipt and use of money generated under this subdivision
46.8
46.9by January 15 of each year. The state court administrator must make this information
46.10available upon request.
46.11(e) As used in this subdivision, "drug abuse prevention or intervention program"
46.12and "program" include:
46.13(1) the drug abuse resistance education program described in section
46.14(2)
46.15following components:
46.16(i) instruction for students enrolled in kindergarten through grade six that is
46.17designed to teach students to recognize and resist pressures to experiment with controlled
46.18substances and alcohol;
46.19(ii) provisions for parental involvement;
46.20(iii) classroom instruction by uniformed law enforcement personnel;
46.21(iv) the use of positive student leaders to influence younger students not to use
46.22drugs; and
46.23(v) an emphasis on activity-oriented techniques designed to encourage
46.24student-generated responses to problem-solving situations; and
46.25(3) a juvenile court program that:
46.26(i) provides intervention strategies to reduce drug abuse and criminal behavior
46.27in juvenile offenders; and
46.28(ii) promotes local drug abuse prevention efforts within the community.
46.29 Sec. 41. Minnesota Statutes 2008, section 609.101, subdivision 4, is amended to read:
46.30 Subd. 4. Minimum fines; other crimes. Notwithstanding any other law:
46.31(1) when a court sentences a person convicted of a felony that is not listed in
46.32subdivision 2 or 3, it must impose a fine of not less than 30 percent of the maximum fine
46.33authorized by law nor more than the maximum fine authorized by law; and
46.34(2) when a court sentences a person convicted of a gross misdemeanor or
46.35misdemeanor that is not listed in subdivision 2, it must impose a fine of not less than
47.130 percent of the maximum fine authorized by law nor more than the maximum fine
47.2authorized by law, unless the fine is set at a lower amount on a uniform fine schedule
47.3established by the Judicial Council in consultation with affected state and local agencies.
47.4This schedule shall be promulgated not later than September 1 of each year and shall
47.5become effective on January 1 of the next year unless the legislature, by law, provides
47.6otherwise.
47.7The minimum fine required by this subdivision is in addition to the surcharge or
47.8assessment required by section
47.9of imprisonment or restitution imposed or ordered by the court.
47.10
47.11
47.12
47.13
47.14 Sec. 42. [609.104] FINE AND SURCHARGE COLLECTION.
47.15 Subdivision 1. Failure to pay restitution or fine. (a) Any portion of a fine,
47.16surcharge, court cost, restitution, or fee that the defendant fails to pay by the due date may
47.17be referred for collection under section 480.15, subdivision 10c. If the defendant has
47.18agreed to a payment plan but fails to pay an installment when due, the entire amount
47.19remaining becomes due and payable and may be referred for collection under section
47.20480.15, subdivision 10c.
47.21(b) The defendant may contest the referral for collection based on inability to pay by
47.22requesting a hearing no later than the due date. The defendant shall be notified in writing
47.23at sentencing that under section 480.15, subdivision 10c, the court may refer the case for
47.24collection for nonpayment, and collection costs may be added to the amount due. The
47.25defendant shall also be notified in writing of the right to contest a referral for collection.
47.26The state court administrator shall develop the notice language.
47.27 Subd. 2. Fine and surcharge collection. (a) A defendant's obligation to pay
47.28court-ordered fines, surcharges, court costs, restitution, and fees shall survive after the due
47.29date for a period set by the Judicial Council.
47.30(b) Any change in the collection period established by the Judicial Council shall be
47.31effective on court-ordered fines, surcharges, court costs, restitution, and fees imposed on
47.32or after the effective date of this section.
47.33(c) The period relating to a defendant's obligation to pay restitution under paragraph
47.34(a) does not limit the victim's right to collect restitution through other means such as a
47.35civil judgment.
48.1(d) Nothing in this subdivision extends the period of a defendant's stay of sentence
48.2imposition or execution.
48.3 Sec. 43. Minnesota Statutes 2008, section 609.125, subdivision 1, is amended to read:
48.4 Subdivision 1. Sentences available. (a) Upon conviction of a misdemeanor or gross
48.5misdemeanor the court, if sentence is imposed, may, to the extent authorized by law,
48.6sentence the defendant:
48.7(1) to imprisonment for a definite term; or
48.8(2) to payment of a fine
48.9without imprisonment or as an intermediate sanction on a stayed sentence; or
48.10(3) to both imprisonment for a definite term and payment of a fine; or
48.11(4) to payment of court-ordered restitution in addition to either imprisonment
48.12or payment of a fine, or both; or
48.13(5) to payment of a local correctional fee as authorized under section
48.14addition to any other sentence imposed by the court; or
48.15(6) to perform work service in a restorative justice program in addition to any other
48.16sentence imposed by the court.
48.17(b) If the court imposes a fine or orders restitution under paragraph (a), payment is
48.18due on the date imposed unless the court otherwise establishes a due date or a payment
48.19plan.
48.20 Sec. 44. Minnesota Statutes 2008, section 609.135, subdivision 1, is amended to read:
48.21 Subdivision 1. Terms and conditions. (a) Except when a sentence of life
48.22imprisonment is required by law, or when a mandatory minimum sentence is required by
48.23section
48.24(1) may order intermediate sanctions without placing the defendant on probation; or
48.25(2) may place the defendant on probation with or without supervision and on the
48.26terms the court prescribes, including intermediate sanctions when practicable. The court
48.27may order the supervision to be under the probation officer of the court, or, if there is
48.28none and the conviction is for a felony or gross misdemeanor, by the commissioner of
48.29corrections, or in any case by some other suitable and consenting person. Unless the court
48.30directs otherwise, state parole and probation agents and probation officers may impose
48.31community work service or probation violation sanctions, consistent with section
48.32subdivision 1
49.1No intermediate sanction may be ordered performed at a location that fails to
49.2observe applicable requirements or standards of chapter 181A or 182, or any rule
49.3promulgated under them.
49.4(b) For purposes of this subdivision, subdivision 6, and section
49.5"intermediate sanctions" includes but is not limited to incarceration in a local jail or
49.6workhouse, home detention, electronic monitoring, intensive probation, sentencing to
49.7service, reporting to a day reporting center, chemical dependency or mental health
49.8treatment or counseling, restitution, fines, day-fines, community work service, work
49.9service in a restorative justice program, work in lieu of or to work off fines and, with the
49.10victim's consent, work in lieu of or to work off restitution.
49.11(c) A court may not stay the revocation of the driver's license of a person convicted
49.12of violating the provisions of section
49.13(d) If the court orders a fine, day-fine, or restitution as an intermediate sanction,
49.14payment is due on the date imposed unless the court otherwise establishes a due date
49.15or a payment plan.
49.16 Sec. 45. Minnesota Statutes 2008, section 609.135, subdivision 1a, is amended to read:
49.17 Subd. 1a. Failure to pay restitution
49.18restitution
49.19restitution
49.20by the court or the probation officer, the prosecutor or the defendant's probation officer
49.21may, on the prosecutor's or the officer's own motion or at the request of the victim,
49.22ask the court to hold a hearing to determine whether or not the conditions of probation
49.23should be changed or probation should be revoked. The defendant's probation officer
49.24shall ask for the hearing if the restitution
49.25days before the term of probation expires. The court shall schedule and hold this hearing
49.26and take appropriate action, including action under subdivision 2, paragraph (g), before
49.27the defendant's term of probation expires.
49.28Nothing in this subdivision limits the court's ability to refer the case to collections
49.29under section 609.104 when a defendant fails to pay court-ordered restitution.
49.30 Sec. 46. Minnesota Statutes 2008, section 609.135, subdivision 2, is amended to read:
49.31 Subd. 2. Stay of sentence maximum periods. (a) If the conviction is for a felony
49.32other than section
49.33more than four years or the maximum period for which the sentence of imprisonment
49.34might have been imposed, whichever is longer.
50.1(b) If the conviction is for a gross misdemeanor violation of section
50.2or
50.3subdivision 1a
50.4court shall provide for unsupervised probation for the last year of the stay unless the court
50.5finds that the defendant needs supervised probation for all or part of the last year.
50.6(c) If the conviction is for a gross misdemeanor not specified in paragraph (b), the
50.7stay shall be for not more than two years.
50.8(d) If the conviction is for any misdemeanor under section
50.9subdivision 1
50.11member as defined in section
50.12court shall provide for unsupervised probation for the second year of the stay unless the
50.13court finds that the defendant needs supervised probation for all or part of the second year.
50.14(e) If the conviction is for a misdemeanor not specified in paragraph (d), the stay
50.15shall be for not more than one year.
50.16(f) The defendant shall be discharged six months after the term of the stay expires,
50.17unless the stay has been revoked or extended under paragraph (g), or the defendant has
50.18already been discharged.
50.19(g) Notwithstanding the maximum periods specified for stays of sentences under
50.20paragraphs (a) to (f), a court may extend a defendant's term of probation for up to one year
50.21if it finds, at a hearing conducted under subdivision 1a, that:
50.22(1) the defendant has not paid court-ordered restitution
50.23with the payment schedule or structure; and
50.24(2) the defendant is likely to not pay the restitution
50.25the term of probation expires.
50.26This one-year extension of probation for failure to pay restitution
50.27extended by the court for up to one additional year if the court finds, at another hearing
50.28conducted under subdivision 1a, that the defendant still has not paid the court-ordered
50.29restitution
50.30Nothing in this subdivision limits the court's ability to refer the case to collections
50.31under section 609.104.
50.32(h) Notwithstanding the maximum periods specified for stays of sentences under
50.33paragraphs (a) to (f), a court may extend a defendant's term of probation for up to three
50.34years if it finds, at a hearing conducted under subdivision 1c, that:
50.35(1) the defendant has failed to complete court-ordered treatment successfully; and
51.1(2) the defendant is likely not to complete court-ordered treatment before the term of
51.2probation expires.
51.3 Sec. 47. Minnesota Statutes 2008, section 611.17, is amended to read:
51.4611.17 FINANCIAL INQUIRY; STATEMENTS; CO-PAYMENT;
51.5STANDARDS FOR DISTRICT PUBLIC DEFENSE ELIGIBILITY.
51.6 (a) Each judicial district must screen requests for representation by the district public
51.7defender. A defendant is financially unable to obtain counsel if:
51.8 (1) the defendant, or any dependent of the defendant who resides in the same
51.9household as the defendant, receives means-tested governmental benefits; or
51.10 (2) the defendant, through any combination of liquid assets and current income,
51.11would be unable to pay the reasonable costs charged by private counsel in that judicial
51.12district for a defense of the same matter.
51.13 (b) Upon a request for the appointment of counsel, the court shall make appropriate
51.14inquiry into the financial circumstances of the applicant, who shall submit a financial
51.15statement under oath or affirmation setting forth the applicant's assets and liabilities,
51.16including the value of any real property owned by the applicant, whether homestead or
51.17otherwise, less the amount of any encumbrances on the real property, the source or sources
51.18of income, and any other information required by the court. The applicant shall be under
51.19a continuing duty while represented by a public defender to disclose any changes in the
51.20applicant's financial circumstances that might be relevant to the applicant's eligibility for a
51.21public defender. The state public defender shall furnish appropriate forms for the financial
51.22statements. The forms must contain conspicuous notice of the applicant's continuing duty
51.23to disclose to the court changes in the applicant's financial circumstances. The forms must
51.24also contain conspicuous notice of the applicant's obligation to make a co-payment for the
51.25services of the district public defender, as specified under paragraph (c). The information
51.26contained in the statement shall be confidential and for the exclusive use of the court
51.27and the public defender appointed by the court to represent the applicant except for any
51.28prosecution under section
51.29financial records constitutes a waiver of the right to the appointment of a public defender.
51.30The court shall not appoint a district public defender to a defendant who is financially able
51.31to retain private counsel but refuses to do so.
51.32 An inquiry to determine financial eligibility of a defendant for the appointment of
51.33the district public defender shall be made whenever possible prior to the court appearance
51.34and by such persons as the court may direct. This inquiry may be combined with the
51.35prerelease investigation provided for in Minnesota Rule of Criminal Procedure
52.1subdivision 3
52.2inquiry or investigate the defendant's assets or eligibility. The court has the sole duty to
52.3conduct a financial inquiry. The inquiry must include the following:
52.4 (1) the liquidity of real estate assets, including the defendant's homestead;
52.5 (2) any assets that can be readily converted to cash or used to secure a debt;
52.6 (3) the determination of whether the transfer of an asset is voidable as a fraudulent
52.7conveyance; and
52.8 (4) the value of all property transfers occurring on or after the date of the alleged
52.9offense. The burden is on the accused to show that he or she is financially unable to afford
52.10counsel. Defendants who fail to provide information necessary to determine eligibility
52.11shall be deemed ineligible. The court must not appoint the district public defender as
52.12advisory counsel.
52.13 (c) Upon disposition of the case, an individual who has received public defender
52.14services shall pay to the court a
52.15public defender, unless the co-payment is, or has been, waived by the court.
52.16 The co-payment must be credited to the general fund. If a term of probation is
52.17imposed as a part of an offender's sentence, the co-payment required by this section must
52.18not be made a condition of probation. The co-payment required by this section is a civil
52.19obligation and must not be made a condition of a criminal sentence.
52.20 Sec. 48. Minnesota Statutes 2008, section 631.48, is amended to read:
52.21631.48 SENTENCE; COSTS OF PROSECUTION.
52.22In a criminal action, upon conviction of the defendant, the court may order as part of
52.23the sentence that defendant shall pay the whole or any part of the disbursements of the
52.24prosecution, including disbursements made to extradite a defendant. The court may order
52.25this payment in addition to any other penalty authorized by law which it may impose. The
52.26payment of the disbursements of prosecution may be enforced in the same manner as the
52.27sentence, or by execution against property. When collected, the disbursements
52.28
52.29paid to the municipality or subdivision of government which employed the prosecuting
52.30attorney or otherwise provided for prosecution of the case. This payment may not interfere
52.31with the payment of officers', witnesses', or jurors' fees.
52.32 Sec. 49. PUBLIC DEFENDER FEE.
52.33 Subdivision 1. Authorization. (a) The Supreme Court, through the lawyer
52.34registration office, may assess a public defender fee on each licensed attorney in the
53.1state. If imposed, the fee must not be more than $75 or less than the civil legal services
53.2fee established by the Supreme Court in 1997 that licensed attorneys are required to pay
53.3pursuant to the rules of the supreme court on lawyer registration.
53.4(b) The fee described in paragraph (a) may apply only to attorneys actively engaged
53.5in the practice of law.
53.6 Subd. 2. Creation of account. The public defender fee account is created in the
53.7special revenue fund. The state court administrator shall forward fees collected under
53.8subdivision 1 to the commissioner of finance who shall deposit them in the state treasury
53.9and credit them to this account. Money in the account is appropriated to the Board
53.10of Public Defense.
53.11 Sec. 50. REPEALER.
53.12(a) Minnesota Statutes 2008, section 152.0262, subdivision 2, is repealed effective
53.13July 1, 2009, and applies to crimes committed on or after that date.
53.14(b) Minnesota Statutes 2008, sections 383B.65, subdivision 2; 484.90, subdivisions
53.151, 2, and 3; 487.08, subdivisions 1, 2, 3, and 5; and 609.135, subdivision 8, are repealed.
53.18 Section 1. Minnesota Statutes 2008, section 3.195, subdivision 1, is amended to read:
53.19 Subdivision 1. Distribution of reports. (a) Except as provided in subdivision
53.204, a report to the legislature required of a department or agency shall be made, unless
53.21otherwise specifically required by law, by filing one copy with the secretary of the senate,
53.22one copy with the chief clerk of the house of representatives, and six copies with the
53.23Legislative Reference Library. The same distribution procedure shall be followed for
53.24other reports and publications unless otherwise requested by a legislator or the Legislative
53.25Reference Library.
53.26(b) A public entity as defined in section
53.27or publication to a member or employee of the legislature, except the secretary of the
53.28senate, the chief clerk of the house of representatives, and the Legislative Reference
53.29Library, unless the entity has determined that the member or employee wants the reports
53.30or publications published by that entity or the member or employee has requested the
53.31report or publication. This prohibition applies to both mandatory and voluntary reports
53.32and publications. A report or publication may be summarized in an executive summary
53.33and distributed as the entity chooses. Distribution of a report to legislative committee
54.1or commission members during a committee or commission hearing is not prohibited
54.2by this section.
54.3(c) A report or publication produced by a public entity may not be sent to both the
54.4home address and the office address of a representative or senator unless mailing to both
54.5addresses is requested by the representative or senator.
54.6(d) Reports, publications, periodicals, and summaries under this subdivision must
54.7be printed in a manner consistent with section
54.8 Sec. 2. Minnesota Statutes 2008, section 3.195, is amended by adding a subdivision to
54.9read:
54.10 Subd. 4. Reports of criminal justice agencies; electronic versions only. (a) As
54.11used in this subdivision, "criminal justice agency" means the Departments of Corrections,
54.12Public Safety, and Human Rights; the Boards of Public Defense, Peace Officer Standards
54.13and Training, Private Detective and Protective Agent Services, and Judicial Standards; the
54.14Sentencing Guidelines and Uniform Laws Commissions; and the courts.
54.15(b) A criminal justice agency that submits a report to the legislature under this
54.16section shall do so by submitting an electronic version rather than a printed one.
54.17Notwithstanding subdivision 1, paragraph (a), and section 15.18, the agency need submit
54.18only one electronic copy to the Legislative Reference Library, the State Library, and the
54.19Minnesota Historical Society. In addition, the agency shall submit one printed copy to
54.20the Legislative Reference Library.
54.21 Sec. 3. Minnesota Statutes 2008, section 152.025, subdivision 1, is amended to read:
54.22 Subdivision 1. Sale crimes. (a) A person is guilty of controlled substance crime in
54.23the fifth degree and if convicted may be sentenced to imprisonment for not more than five
54.24years or to payment of a fine of not more than $10,000, or both if:
54.25(1) the person unlawfully sells one or more mixtures containing marijuana or
54.26tetrahydrocannabinols, except a small amount of marijuana for no remuneration; or
54.27(2) the person unlawfully sells one or more mixtures containing a controlled
54.28substance classified in schedule IV.
54.29(b) Except as provided in paragraph (c), if a person is guilty of controlled substance
54.30crime in the fifth degree and the conviction is a subsequent controlled substance
54.31conviction, the person convicted shall be committed to the commissioner of corrections or
54.32to a local correctional authority for not less than six months nor more than ten years and,
54.33in addition, may be sentenced to payment of a fine of not more than $20,000 if:
55.1(1) the person unlawfully sells one or more mixtures containing marijuana or
55.2tetrahydrocannabinols, except a small amount of marijuana for no remuneration; or
55.3(2) the person unlawfully sells one or more mixtures containing a controlled
55.4substance classified in schedule IV.
55.5(c) Prior to the time of sentencing, the prosecutor may file a motion to have the
55.6person sentenced without regard to the mandatory minimum sentence established by
55.7paragraph (b). The motion must be accompanied by a statement on the record of the
55.8reasons for it. When presented with the motion, or on its own motion, the court may
55.9sentence the person without regard to the mandatory minimum sentence if the court finds,
55.10on the record, substantial and compelling reasons to do so. Sentencing a person in this
55.11manner is a departure from the sentencing guidelines.
55.12EFFECTIVE DATE.This section is effective July 1, 2009, and applies to crimes
55.13committed on or after that date.
55.14 Sec. 4. Minnesota Statutes 2008, section 152.025, subdivision 2, is amended to read:
55.15 Subd. 2. Possession and other crimes. (a) A person is guilty of controlled
55.16substance crime in the fifth degree and if convicted may be sentenced to imprisonment for
55.17not more than five years or to payment of a fine of not more than $10,000, or both if:
55.18(1) the person unlawfully possesses one or more mixtures containing a controlled
55.19substance classified in schedule I, II, III, or IV, except a small amount of marijuana; or
55.20(2) the person procures, attempts to procure, possesses, or has control over a
55.21controlled substance by any of the following means:
55.22(i) fraud, deceit, misrepresentation, or subterfuge;
55.23(ii) using a false name or giving false credit; or
55.24(iii) falsely assuming the title of, or falsely representing any person to be, a
55.25manufacturer, wholesaler, pharmacist, physician, doctor of osteopathy licensed to practice
55.26medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of
55.27obtaining a controlled substance.
55.28(b) Except as provided in paragraph (c), if a person is guilty of controlled substance
55.29crime in the fifth degree and the conviction is a subsequent controlled substance
55.30conviction, the person convicted shall be committed to the commissioner of corrections or
55.31to a local correctional authority for not less than six months nor more than ten years and,
55.32in addition, may be sentenced to payment of a fine of not more than $20,000 if:
55.33(1) the person unlawfully possesses one or more mixtures containing a controlled
55.34substance classified in schedule I, II, III, or IV, except a small amount of marijuana; or
56.1(2) the person procures, attempts to procure, possesses, or has control over a
56.2controlled substance by any of the following means:
56.3(i) fraud, deceit, misrepresentation, or subterfuge;
56.4(ii) using a false name or giving false credit; or
56.5(iii) falsely assuming the title of, or falsely representing any person to be, a
56.6manufacturer, wholesaler, pharmacist, physician, doctor of osteopathy licensed to practice
56.7medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of
56.8obtaining a controlled substance.
56.9(c) Prior to the time of sentencing, the prosecutor may file a motion to have the
56.10person sentenced without regard to the mandatory minimum sentence established by
56.11paragraph (b). The motion must be accompanied by a statement on the record of the
56.12reasons for it. When presented with the motion, or on its own motion, the court may
56.13sentence the person without regard to the mandatory minimum sentence if the court finds,
56.14on the record, substantial and compelling reasons to do so. Sentencing a person in this
56.15manner is a departure from the sentencing guidelines.
56.16EFFECTIVE DATE.This section is effective July 1, 2009, and applies to crimes
56.17committed on or after that date.
56.18 Sec. 5. Minnesota Statutes 2008, section 171.29, subdivision 2, is amended to read:
56.19 Subd. 2. Reinstatement fees and surcharges allocated and appropriated. (a)
56.20An individual whose driver's license has been revoked as provided in subdivision 1,
56.21except under section
56.22license is reinstated.
56.23 (b) A person whose driver's license has been revoked as provided in subdivision 1
56.24under section
56.25before the driver's license is reinstated, except as provided in paragraph (f). The $250
56.26fee is to be credited as follows:
56.27 (1) Twenty percent must be credited to the driver services operating account in the
56.28special revenue fund as specified in section
56.29 (2) Sixty-seven percent must be credited to the general fund.
56.30 (3) Eight percent must be credited to a separate account to be known as the Bureau of
56.31Criminal Apprehension account. Money in this account
56.32to the commissioner of public safety and the appropriated amount must be apportioned
56.3380 percent for laboratory costs and 20 percent for carrying out the provisions of section
57.1 (4) Five percent must be credited to a separate account to be known as the vehicle
57.2forfeiture account, which is created in the special revenue fund. The money in the account
57.3is annually appropriated to the commissioner for costs of handling vehicle forfeitures.
57.4 (c) The revenue from $50 of the surcharge must be credited to a separate account
57.5to be known as the traumatic brain injury and spinal cord injury account. The revenue
57.6from $50 of the surcharge on a reinstatement under paragraph (f) is credited from the
57.7first installment payment to the traumatic brain injury and spinal cord injury account.
57.8The money in the account is annually appropriated to the commissioner of health to be
57.9used as follows: 83 percent for contracts with a qualified community-based organization
57.10to provide information, resources, and support to assist persons with traumatic brain
57.11injury and their families to access services, and 17 percent to maintain the traumatic
57.12brain injury and spinal cord injury registry created in section
57.13of this paragraph, a "qualified community-based organization" is a private, not-for-profit
57.14organization of consumers of traumatic brain injury services and their family members.
57.15The organization must be registered with the United States Internal Revenue Service under
57.16section 501(c)(3) as a tax-exempt organization and must have as its purposes:
57.17 (1) the promotion of public, family, survivor, and professional awareness of the
57.18incidence and consequences of traumatic brain injury;
57.19 (2) the provision of a network of support for persons with traumatic brain injury,
57.20their families, and friends;
57.21 (3) the development and support of programs and services to prevent traumatic
57.22brain injury;
57.23 (4) the establishment of education programs for persons with traumatic brain injury;
57.24and
57.25 (5) the empowerment of persons with traumatic brain injury through participation
57.26in its governance.
57.27A patient's name, identifying information, or identifiable medical data must not be
57.28disclosed to the organization without the informed voluntary written consent of the patient
57.29or patient's guardian or, if the patient is a minor, of the parent or guardian of the patient.
57.30 (d) The remainder of the surcharge must be credited to a separate account to be
57.31known as the remote electronic alcohol-monitoring program account. The commissioner
57.32shall transfer the balance of this account to the commissioner of finance on a monthly
57.33basis for deposit in the general fund.
57.34 (e) When these fees are collected by a licensing agent, appointed under section
58.1subdivision 4
58.2depository as directed under section
58.3 (f) A person whose driver's license has been revoked as provided in subdivision
58.41 under section
58.5eligible for a public defender under section
58.6an additional $25 of the total amount of the surcharge and 50 percent of the fee required
58.7under paragraph (b) to reinstate the person's driver's license, provided the person meets all
58.8other requirements of reinstatement. If a person chooses to pay 50 percent of the total and
58.9an additional $25, the driver's license must expire after two years. The person must pay an
58.10additional 50 percent less $25 of the total to extend the license for an additional two years,
58.11provided the person is otherwise still eligible for the license. After this final payment of
58.12the surcharge and fee, the license may be renewed on a standard schedule, as provided
58.13under section
58.14Revenue from the handling charge is credited to the driver services operating account in
58.15the special revenue fund and is appropriated to the commissioner.
58.16 (g) Any person making installment payments under paragraph (f), whose driver's
58.17license subsequently expires, or is canceled, revoked, or suspended before payment of
58.18100 percent of the surcharge and fee, must pay the outstanding balance due for the initial
58.19reinstatement before the driver's license is subsequently reinstated. Upon payment of
58.20the outstanding balance due for the initial reinstatement, the person may pay any new
58.21surcharge and fee imposed under paragraph (b) in installment payments as provided
58.22under paragraph (f).
58.23 Sec. 6. Minnesota Statutes 2008, section 241.016, subdivision 1, is amended to read:
58.24 Subdivision 1. Biennial report. (a) The Department of Corrections shall submit a
58.25performance report to the chairs and ranking minority members of the senate and house of
58.26representatives committees and divisions having jurisdiction over criminal justice funding
58.27by January 15
58.28and content of the report must include the following:
58.29 (1) department strategic mission, goals, and objectives;
58.30 (2) the department-wide per diem, adult facility-specific per diems, and an average
58.31per diem, reported in a standard calculated method as outlined in the departmental policies
58.32and procedures;
58.33 (3) department annual statistics as outlined in the departmental policies and
58.34procedures; and
59.1 (4) information about prison-based mental health programs, including, but not
59.2limited to, the availability of these programs, participation rates, and completion rates.
59.3 (b) The department shall maintain recidivism rates for adult facilities on an annual
59.4basis. In addition, each year the department shall, on an alternating basis, complete a
59.5recidivism analysis of adult facilities, juvenile services, and the community services
59.6divisions and include a three-year recidivism analysis in the report described in paragraph
59.7(a). The recidivism analysis must: (1) assess education programs, vocational programs,
59.8treatment programs, including mental health programs, industry, and employment; and (2)
59.9assess statewide re-entry policies and funding, including postrelease treatment, education,
59.10training, and supervision. In addition, when reporting recidivism for the department's
59.11adult and juvenile facilities, the department shall report on the extent to which offenders it
59.12has assessed as chemically dependent commit new offenses, with separate recidivism rates
59.13reported for persons completing and not completing the department's treatment programs.
59.14(c) By August 31 of each odd-numbered year, the commissioner must present to the
59.15individuals identified in paragraph (a) a report that lists and describes the performance
59.16measures and targets the department will include in the biennial performance report. The
59.17measures and targets must include a budget target for the next two years and a history of
59.18the department's performance for the previous five years. At a minimum, the report must
59.19include measures and targets for the data and information identified in paragraphs (a) and
59.20(b) regarding per diem, statistics, inmate programming, and recidivism, and the following:
59.21(1) average statutory per diem for adult offenders, female offenders, and juvenile
59.22offenders;
59.23(2) the Department of Corrections field services;
59.24(3) staffing and salaries for both department divisions and institutions;
59.25(4) the use of private and local institutions to house persons committed to the
59.26commissioner;
59.27(5) the cost of inmate health and dental care;
59.28(6) implementation and use of corrections best practices; and
59.29(7) the challenge incarceration program.
59.30 Sec. 7. Minnesota Statutes 2008, section 241.27, subdivision 1a, is amended to read:
59.31 Subd. 1a. Marketing plan. The commissioner of corrections
59.32
59.33and maintain a formal marketing plan to attract private sector businesses and industries
59.34and state and local government agencies to employ
60.1through MINNCOR industries. The plan shall be reviewed and updated annually by
60.2the commissioner of corrections.
60.3 Sec. 8. Minnesota Statutes 2008, section 241.27, is amended by adding a subdivision
60.4to read:
60.5 Subd. 6. Reports and financial statements. MINNCOR shall include its full costs
60.6for inmate wages and the money it receives from the department for inmate confinement
60.7costs in its annual financial statements and reports. In addition, MINNCOR shall disclose
60.8in its annual report how the money it receives from the department for inmate confinement
60.9costs affects its profitability.
60.10 Sec. 9. Minnesota Statutes 2008, section 241.27, is amended by adding a subdivision
60.11to read:
60.12 Subd. 7. Interactions with private businesses. (a) MINNCOR shall use revenue
60.13contracts or purchase orders on forms approved by the Department of Administration
60.14whenever it allows private businesses to use inmate labor. MINNCOR shall determine
60.15whether to use a revenue contract or a purchase order according to criteria that the
60.16Department of Corrections has approved having taken into account the recommendations
60.17of the legislative auditor contained in its 2009 report on MINNCOR.
60.18(b) MINNCOR shall develop a uniform method to report sales and expenditure data
60.19related to individual labor arrangements with private businesses. MINNCOR shall review
60.20the data annually to assess how the arrangements, both individually and collectively, affect
60.21MINNCOR's achieving its goals of high inmate participation in industry and profitability.
60.22 Sec. 10. Minnesota Statutes 2008, section 241.27, is amended by adding a subdivision
60.23to read:
60.24 Subd. 8. Contracts or purchase orders; work on projects before and after.
60.25MINNCOR may not begin work on a project until a contract or purchase order has
60.26been signed and may not continue work on a project after a contract or purchase order
60.27has expired.
60.28 Sec. 11. Minnesota Statutes 2008, section 244.055, subdivision 11, is amended to read:
60.29 Subd. 11. Sunset. This section expires July 1,
60.30EFFECTIVE DATE.This section is effective the day following final enactment.
60.31 Sec. 12. [244.085] FELONY DWI REPORT.
61.1 By January 15 of each year, the commissioner shall report to the chairs and
61.2ranking minority members of the house of representatives and senate committees
61.3having jurisdiction over criminal justice policy and funding on the implementation and
61.4effects of the felony level driving while impaired offense. The report must include the
61.5following information on felony level driving while impaired offenses involving offenders
61.6committed to the commissioner's custody:
61.7 (1) the number of persons committed;
61.8 (2) the county of conviction;
61.9 (3) the offenders' ages and gender;
61.10 (4) the offenders' prior impaired driving histories and prior criminal histories;
61.11 (5) the number of offenders:
61.12 (i) given an executed prison sentence upon conviction and the length of the sentence;
61.13 (ii) given an executed prison sentence upon revocation of probation, the reasons
61.14for revocation, and the length of sentence;
61.15 (iii) who successfully complete treatment in prison;
61.16 (iv) placed on intensive supervision following release from incarceration;
61.17(v) placed in the challenge incarceration program, the number of offenders released
61.18from prison under this program, and the number of these offenders who violate their
61.19release conditions and the consequences imposed; and
61.20 (vi) who violate supervised release and the consequences imposed;
61.21 (6) per diem costs, including treatment costs, for offenders incarcerated under the
61.22felony sentence provisions; and
61.23 (7) any other information the commissioner deems relevant to estimating future
61.24costs.
61.25 Sec. 13. Minnesota Statutes 2008, section 244.17, is amended to read:
61.26244.17 CHALLENGE INCARCERATION PROGRAM.
61.27 Subdivision 1. Generally. The commissioner
61.28meet the eligibility requirements of subdivisions 2 and 3 to participate in a challenge
61.29incarceration program described in sections
61.30offender's sentence if the offender agrees to participate in the program and signs a written
61.31contract with the commissioner agreeing to comply with the program's requirements.
61.32 Subd. 2. Eligibility. (a) Unless a person is ineligible under subdivision 3, the
61.33commissioner must
61.34following persons:
62.1(1) offenders who are committed to the commissioner's custody following revocation
62.2of a stayed sentence; and
62.3(2) offenders who are committed to the commissioner's custody, who have 48
62.4months or less in or remaining in their term of imprisonment, and who did not receive a
62.5dispositional departure under the Sentencing Guidelines.
62.6(b) If there is insufficient space for an eligible person, the commissioner shall place
62.7the person's name on a waiting list and offer the person the chance to participate when
62.8space becomes available if the person is still eligible under this section.
62.9 Subd. 3. Offenders not eligible. (a) The following offenders are not eligible to be
62.10placed in the challenge incarceration program:
62.11(1) offenders who are committed to the commissioner's custody following a
62.12conviction for murder, manslaughter, criminal sexual conduct, assault, kidnapping,
62.13robbery, arson, or any other offense involving death or intentional personal injury;
62.14(2) offenders who were convicted within the preceding ten years of an offense
62.15described in clause (1) and were committed to the custody of the commissioner
62.16(3) offenders who have been convicted or adjudicated delinquent within the past five
62.17years for a violation of section 609.485;
62.18(4) offenders who are committed to the commissioner's custody for an offense that
62.19requires registration under section 243.166;
62.20(5) offenders who are the subject of a current arrest warrant or detainer;
62.21(6) offenders who have fewer than 180 days remaining until their supervised release
62.22date;
62.23(7) offenders who have had disciplinary confinement time added to their sentence or
62.24who have been placed in segregation, unless 90 days have elapsed from the imposition of
62.25the additional disciplinary confinement time or the last day of segregation;
62.26(8) offenders who have received a suspended formal disciplinary sanction, unless the
62.27suspension has expired;
62.28(9) offenders whose governing sentence is for an offense from another state or the
62.29United States; and
62.30(10) offenders who have a medical condition included on the list of ineligible
62.31conditions described in paragraph (b).
62.32(b) The commissioner of corrections shall develop a list of medical conditions that
62.33will disqualify an offender from participating in the challenge incarceration program.
62.34The commissioner shall submit the list and any changes to it to the chairs and ranking
62.35minority members of the senate and house committees having jurisdiction over criminal
62.36justice policy and funding.
63.1 Sec. 14. Minnesota Statutes 2008, section 244.172, subdivision 1, is amended to read:
63.2 Subdivision 1. Phase I. Phase I of the program lasts at least six months. The
63.3offender must be confined
63.4at the Minnesota Correctional Facility - Willow River/Moose Lake or the Minnesota
63.5Correctional Facility - Togo and must successfully participate in all intensive treatment,
63.6education and work programs required by the commissioner. The offender must also
63.7submit on demand to random drug and alcohol testing at time intervals set by the
63.8commissioner. Throughout phase I, the commissioner must severely restrict the offender's
63.9telephone and visitor privileges.
63.10 Sec. 15. [244.30] CAP ON INCARCERATION FOR FIRST-TIME SUPERVISED
63.11RELEASE VIOLATIONS; EXCEPTION FOR SEX OFFENDERS.
63.12(a) If the commissioner revokes the supervised release of a person whose release
63.13on the current offense has not previously been revoked, the commissioner may order the
63.14person to be incarcerated for no more than 90 days or until the expiration of the person's
63.15sentence, whichever is less.
63.16(b) This section does not apply to offenders on supervised release for a violation of
63.17section 609.342, 609.343, 609.344, 609.345, 609.3451, or 609.3453.
63.18(c) The commissioner may order a person described in this section to be incarcerated
63.19for more than 90 days if the commissioner determines that substantial and compelling
63.20reasons exist to believe that the longer incarceration period is necessary to protect the
63.21public.
63.22EFFECTIVE DATE.This section is effective the day following final enactment
63.23and applies to persons whose supervised release is revoked on or after that date.
63.24 Sec. 16. Minnesota Statutes 2008, section 299A.01, subdivision 1a, is amended to read:
63.25 Subd. 1a. Mission; efficiency. It is part of the department's mission that within the
63.26department's resources the commissioner shall endeavor to:
63.27(1) prevent the waste or unnecessary spending of public money;
63.28(2) use innovative fiscal and human resource practices to manage the state's
63.29resources and operate the department as efficiently as possible;
63.30(3) coordinate the department's activities wherever appropriate with the activities
63.31of other governmental agencies;
63.32(4) use technology where appropriate to increase agency productivity, improve
63.33customer service, increase public access to information about government, and increase
63.34public participation in the business of government;
64.1(5) utilize constructive and cooperative labor-management practices to the extent
64.2otherwise required by chapters 43A and 179A; and
64.3
64.4
64.5
64.6
64.7out the mission and improve the performance of the department.
64.8 Sec. 17. Minnesota Statutes 2008, section 299A.01, is amended by adding a
64.9subdivision to read:
64.10 Subd. 1c. Performance report; performance measures and targets. (a) The
64.11commissioner, as part of the department's mission and within the department's resources,
64.12shall report to the chairs and ranking minority members of the senate and house of
64.13representatives committees having jurisdiction over criminal justice policy and funding
64.14on the performance of agency operations and the accomplishment of agency goals in the
64.15agency's biennial budget according to paragraph (b) and section 16A.10, subdivision
64.161. The purpose of the report is to determine the extent to which each program is
64.17accomplishing the program's mission, goals, and objectives.
64.18The report may address:
64.19(1) factors that limited or delayed achievement of objectives or goals;
64.20(2) resources used or saved and efficiencies achieved in reaching program objectives
64.21and goals;
64.22(3) information from customers and partners of the agency regarding the quality of
64.23service and effectiveness of the agency and the agency's programs;
64.24(4) recommendations on elimination of unnecessary or obsolete mandated reports;
64.25and
64.26(5) major cases, events, or circumstances that required an agency response.
64.27(b) By August 1 of each odd-numbered year, the commissioner must present to
64.28the individuals identified in paragraph (a) a report that states the mission, goals, and
64.29objectives of each program and lists and describes the performance measures and targets
64.30the department will include in the performance report required under paragraph (a). The
64.31report must include information on how program goals and objectives were created and
64.32who participated in formulating them. The measures and targets must include a history of
64.33the department's performance for the previous five years. At a minimum, the report must
64.34include measures and targets for the following:
64.35(1) staffing and salaries for divisions within the agency;
65.1(2) caseloads and responsibilities of Bureau of Criminal Apprehension agents;
65.2(3) development and funding of the Allied Radio Matrix for Emergency Response
65.3(ARMER);
65.4(4) grant programs administered under the Office of Justice Programs and Homeland
65.5Security and Emergency Management;
65.6(5) receipt and expenditure of federal grant funds;
65.7(6) expenditure of the fire safety insurance surcharge;
65.8(7) emergency preparedness;
65.9(8) crime lab operations; and
65.10(9) assistance provided to crime victims.
65.11EFFECTIVE DATE.This section is effective June 1, 2009.
65.12 Sec. 18. Minnesota Statutes 2008, section 299C.65, subdivision 3a, is amended to read:
65.13 Subd. 3a. Report. The policy group, with the assistance of the task force, shall file
65.14
65.15minority members of the senate and house of representatives committees and divisions
65.16with jurisdiction over criminal justice funding and policy by January 15
65.17odd-numbered year. The report must provide the following:
65.18(1) status and review of current integration efforts and projects;
65.19(2) recommendations concerning any legislative changes or appropriations that
65.20are needed to ensure that the criminal justice information systems operate accurately
65.21and efficiently; and
65.22(3) summary of the activities of the policy group and task force.
65.23EFFECTIVE DATE.This section is effective the day following final enactment.
65.24 Sec. 19. Minnesota Statutes 2008, section 609.105, subdivision 1, is amended to read:
65.25 Subdivision 1. Sentence to
65.26sentence to imprisonment
65.27
65.28the custody of the commissioner of corrections
65.29
65.30EFFECTIVE DATE.This section is effective July 1, 2009, and applies to offenders
65.31sentenced on or after that date.
65.32 Sec. 20. REPORT ON MINNCOR MARKETING PLAN.
66.1By September 15, 2009, the commissioner of corrections shall report to the chairs
66.2and ranking minority members of the senate and house committees and divisions having
66.3jurisdiction over criminal justice policy and funding on the marketing plan required in
66.4Minnesota Statutes, section 241.27, subdivision 1a.
66.5 Sec. 21. REVIEW OF REPORTS.
66.6The Sentencing Guidelines Commission and the Departments of Corrections
66.7and Public Safety shall each review its reports for consolidation and may consider
66.8consolidating any reports with other reports to achieve administrative convenience or
66.9fiscal savings or to reduce the burden of reporting requirements. The commission and
66.10departments may not eliminate a legislatively mandated reporting requirement without
66.11prior legislative approval.
66.12 Sec. 22. COUNTY-BASED REVOCATION CENTER PILOT PROJECT;
66.13REPORT.
66.14(a) Dodge, Fillmore, and Olmsted Counties; Tri-County Community Corrections;
66.15Hennepin County; Ramsey County; and any other county or community corrections
66.16department that wishes to participate may develop a proposal for a pilot project for
66.17a secure residential center for the supervision of persons facing revocation of their
66.18supervised release or execution of a stayed prison sentence. The proposal must address the
66.19care, custody, and programming for offenders assigned to the facility as an intermediate
66.20sanction prior to revocation or execution of a stayed prison sentence.
66.21(b) The counties must consider the following factors in developing the proposal:
66.22(1) type and length of programming for offenders, including supervision, mental
66.23health and chemical dependency treatment options, and educational and employment
66.24readiness opportunities;
66.25(2) medical care;
66.26(3) the transporting of offenders to and from any facility;
66.27(4) detailed current and future costs and per diems associated with the facility;
66.28(5) admission and release procedures of the facility;
66.29(6) intended outcomes of the pilot project; and
66.30(7) other factors deemed appropriate for consideration by the counties.
66.31(c) By December 1, 2009, any county that develops a pilot project shall report by
66.32electronic means the pilot project proposal to the chairs and ranking minority members of
66.33the senate and house of representatives committees having jurisdiction over public safety
66.34policy and funding. A written copy must be made available upon request.
67.1 Sec. 23. CORRECTIONS STRATEGIC MANAGEMENT AND OPERATIONS
67.2ADVISORY TASK FORCE.
67.3 Subdivision 1. Establishment; duties. A task force is established to advise
67.4the governor and the legislature on management and operations strategies that will
67.5improve efficiency in corrections and reduce the inmate per diem for the Department of
67.6Corrections. The task force must provide an assessment that identifies strategies and
67.7makes recommendations, including any proposals for legislative changes, to improve
67.8efficiency in (1) the delivery of state corrections services; (2) construction, maintenance,
67.9and operation of state prisons; and (3) coordination between state and local corrections
67.10agencies. In developing its assessment, the task force shall consider best practices in
67.11business management; best practices in corrections management and operations; efficiency
67.12concepts in academic, business, or other environments; and how requirements under law
67.13affect corrections efficiency. The assessment provided by the task force should include,
67.14but is not limited to, analysis of the staffing and administration of prisons; central office
67.15and administrative services staffing and operations; the impact of decisions on other
67.16agency budgets; offender treatment and programming; field services; employee pension
67.17plans; housing short-term offenders and probation violators; offender healthcare; juvenile
67.18services; and the conditional release and challenge incarceration programs.
67.19 Subd. 2. Membership. The advisory task force consists of the following members:
67.20(1) the commissioner of corrections, or the commissioner's designee;
67.21(2) one person appointed by the governor who serves as a sheriff in this state;
67.22(3) three persons appointed by the governor from a postsecondary academic
67.23institution who have expertise in applied economics, organizational efficiency, or business
67.24management;
67.25(4) three persons appointed by the governor from the private sector who have
67.26expertise in management or corporate efficiency but would not qualify for membership
67.27under clause (3);
67.28(5) one member appointed by the governor who is a community corrections act
67.29department director or a community probation office department director;
67.30(6) two persons appointed by the speaker of the house of representatives, one of
67.31whom must be a member of organized labor and possess knowledge of corrections;
67.32(7) one person appointed by the minority leader of the house of representatives;
67.33(8) two persons appointed by the senate majority leader, one of whom must be a
67.34member of organized labor and possess knowledge of corrections; and
67.35(9) one person appointed by the minority leader of the senate.
68.1 Subd. 3. Appointment of members. The appointments and designations authorized
68.2by this section must be completed by August 1, 2009.
68.3 Subd. 4. Staffing support. Upon request of the task force, the commissioner of
68.4administration must provide meeting space and administrative services. The commissioner
68.5of corrections shall provide information and other assistance as requested by the task force.
68.6 Subd. 5. Administrative provisions. (a) The commissioner of corrections, or the
68.7commissioner's designee, must convene the initial meeting of the task force. The members
68.8of the task force must elect a chair or co-chairs at the initial meeting.
68.9(b) Public members of the task force serve without compensation or payment of
68.10expenses.
68.11(c) The task force may apply for, solicit, and accept gifts and grants and is
68.12encouraged to seek technical assistance from subject matter experts affiliated with the
68.13National Institute of Corrections. Funds received under this paragraph are accepted
68.14on behalf of the state and constitute donations to the state and are appropriated to the
68.15commissioner of administration for purposes of the task force.
68.16(d) The task force expires June 30, 2010.
68.17 Subd. 6. Report. By February 15, 2010, the task force shall submit a report on
68.18corrections management and operations efficiency strategies to the governor and to
68.19the chairs and ranking minority members of the house of representatives and senate
68.20committees with jurisdiction over public safety policy and finance.
68.21EFFECTIVE DATE.This section is effective the day following final enactment.
68.22 Sec. 24. REPEALER.
68.23(a) Minnesota Statutes 2008, sections 260B.199, subdivision 2; 260B.201,
68.24subdivision 3; and 325E.22, are repealed effective the day following final enactment.
68.25(b) Minnesota Statutes 2008, section 152.025, subdivision 3, is repealed effective
68.26July 1, 2009, and applies to crimes committed on or after that date.
68.27(c) Minnesota Statutes 2008, section 609.105, subdivisions 1a and 1b, are repealed
68.28effective July 1, 2009, and apply to offenders sentenced on or after that date."
68.29Delete the title and insert:
68.31relating to public safety; providing for the courts and public defenders including
68.32court vacancies, referees, fines and fees, surcharges, collection policies and
68.33procedures, driving while impaired, judgments, and restorative justice for
68.34juvenile petty offenders; providing for public safety and corrections including
68.35reports, controlled substance crimes, sentencing, MINNCOR, challenge
68.36incarceration program, supervised release violations, and county-based
68.37revocation center pilot project; authorizing a task force and forum; providing for
69.1penalties; appropriating money for the courts, public defenders, public safety,
69.2corrections, certain other criminal justice agencies, boards, and commissions;
69.3amending Minnesota Statutes 2008, sections 2.722, subdivisions 4, 4a; 2.724,
69.4subdivisions 2, 3; 3.195, subdivision 1, by adding a subdivision; 86B.705,
69.5subdivision 2; 134A.09, subdivision 2a; 134A.10, subdivision 3; 152.025,
69.6subdivisions 1, 2; 152.0262, subdivision 1; 169A.20, subdivision 1, by adding
69.7subdivisions; 169A.25, subdivision 1; 169A.26, subdivision 1; 169A.27,
69.8subdivision 1; 169A.28, subdivision 2; 169A.284; 169A.46, subdivision 1;
69.9169A.54, subdivision 1; 171.29, subdivision 2; 241.016, subdivision 1; 241.27,
69.10subdivision 1a, by adding subdivisions; 244.055, subdivision 11; 244.17;
69.11244.172, subdivision 1; 299A.01, subdivision 1a, by adding a subdivision;
69.12299C.65, subdivision 3a; 299D.03, subdivision 5; 357.021, subdivisions 2, 6,
69.137; 357.022; 357.08; 364.08; 375.14; 480.15, by adding a subdivision; 484.85;
69.14484.90, subdivision 6; 484.91, subdivision 1; 491A.02, subdivision 9; 491A.03,
69.15subdivision 1; 525.091, subdivision 1; 549.09, subdivision 1; 550.011; 609.035,
69.16subdivision 2; 609.10, subdivision 1; 609.101, subdivisions 3, 4; 609.105,
69.17subdivision 1; 609.125, subdivision 1; 609.135, subdivisions 1, 1a, 2; 611.17;
69.18631.48; proposing coding for new law in Minnesota Statutes, chapters 244; 609;
69.19repealing Minnesota Statutes 2008, sections 152.025, subdivision 3; 152.0262,
69.20subdivision 2; 260B.199, subdivision 2; 260B.201, subdivision 3; 325E.22;
69.21383B.65, subdivision 2; 484.90, subdivisions 1, 2, 3; 487.08, subdivisions 1, 2,
69.223, 5; 609.105, subdivisions 1a, 1b; 609.135, subdivision 8."
We request the adoption of this report and repassage of the bill.Senate Conferees: (Signed) Linda Higgins, Leo Foley, Mee Moua, Ron Latz, Mary OlsonHouse Conferees: (Signed) Michael Paymar, Debra Hilstrom, Tina Liebling, David Dill, Tony Cornish