SF 1

as introduced - 87th Legislature, 2011 1st Special Session (2011 - 2012) Posted on 08/15/2011 10:11am

A bill for an act
relating to public safety; modifying certain provisions relating to public safety,
courts and sentencing, sexually exploited youth, and prostitution crimes;
requesting studies; requesting reports; providing for penalties; appropriating
money for public safety, corrections, human rights, courts, civil legal services,
Guardian Ad Litem Board, Uniform Laws Commission, Board on Judicial
Standards, and sentencing guidelines; amending Minnesota Statutes 2010,
sections 169.797, subdivision 4; 243.212; 260B.007, subdivisions 6, 16;
260C.007, subdivisions 6, 11, by adding a subdivision; 260C.331, subdivision
3; 297I.06, subdivision 3; 357.021, subdivision 6; 563.01, subdivision 3;
609.321, subdivisions 4, 8, 9; 609.324, subdivisions 2, 3, by adding subdivisions;
609.3241; 626.558, subdivision 2a; 626.8458, subdivision 5; 641.15, subdivision
2; proposing coding for new law in Minnesota Statutes, chapter 609.

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

ARTICLE 1

APPROPRIATIONS

Section 1. SUMMARY OF APPROPRIATIONS.

The amounts shown in this section summarize direct appropriations, by fund, made
in this article.

				2012		2013		Total
General			$	901,449,000	$	905,908,000	$	1,807,357,000
State Government Special Revenue				70,051,000		67,436,000		137,487,000
Environmental				69,000		69,000		138,000
Special Revenue				15,901,000		15,902,000		31,803,000
Trunk Highway				1,941,000		1,941,000		3,882,000
Total			$	989,411,000	$	991,256,000	$	1,980,667,000

Sec. 2. APPROPRIATIONS.

The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this article. The appropriations are from the
general fund, or another named fund, and are available for the fiscal years indicated
for each purpose. The figures "2012" and "2013" used in this article mean that the
appropriations listed under them are available for the fiscal year ending June 30, 2012, or
June 30, 2013, respectively. "The first year" is fiscal year 2012. "The second year" is fiscal
year 2013. "The biennium" is fiscal years 2012 and 2013.

			APPROPRIATIONS
			Available for the Year
			Ending June 30
				2012		2013

Sec. 3. SUPREME COURT

Subdivision 1. Total Appropriation

$

41,474,000

$

41,775,000

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

Subd. 2. Supreme Court Operations

30,458,000

30,759,000

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

(b) Employee Health Care. The chief justice
of the Supreme Court is requested to study
and report to the chairs and ranking minority
members of the house of representatives and
senate committees with jurisdiction over
judiciary finance by January 15, 2012, on
the advantages and disadvantages of having
judicial branch officials and employees
leave the state employee group insurance
program and form their own group benefit
plan, including the option of shifting to a
plan based on high-deductible health savings
accounts.

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

Subd. 3. Civil Legal Services

11,016,000

11,016,000

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

(b) Case Priorities. For legal services
funded by state funds, priority must be
given to clients with civil matters within the
jurisdiction of the state courts or agencies.

Sec. 4. COURT OF APPEALS

$

10,106,000

$

10,228,000

Sec. 5. TRIAL COURTS

$

233,511,000

$

236,828,000

Sec. 6. GUARDIAN AD LITEM BOARD

$

12,067,000

$

12,067,000

Case priority. The board shall assign
guardians to clients who are entitled by
statute to representation prior to clients for
whom the courts request guardians but who
are not entitled to a guardian under statute.

Sec. 7. TAX COURT

$

825,000

$

825,000

Operating schedule. At least one tax court
judge shall hold hearings and meetings or
otherwise conduct regular business on all
days that executive branch agencies are open
for business.

Sec. 8. UNIFORM LAWS COMMISSION

$

49,000

$

49,000

Sec. 9. BOARD ON JUDICIAL STANDARDS

$

746,000

$

456,000

(a) $290,000 in fiscal year 2012 is for the
Board on Judicial Standards for deficiencies
occurring in fiscal year 2011.

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

Sec. 10. BOARD OF PUBLIC DEFENSE

$

65,976,000

$

65,976,000

The Board must use additional state funding
beyond the projected fiscal year 2012
and 2013 baseline appropriation for any
or all of the following: constitutionally
mandated services required under Padilla v.
Kentucky, 130 S. Ct. 1473 (2010), increased
transcript costs, expert witness costs, and
investigations, and to alleviate caseloads by
hiring additional public defenders. The board
may prioritize expenditures as it deems most
appropriate.

Sec. 11. PUBLIC SAFETY

Subdivision 1. Total Appropriation

$

159,987,000

$

157,373,000

Appropriations by Fund
		2012	2013
General		76,685,000	76,685,000
Special Revenue		11,241,000	11,242,000
State Government Special Revenue		70,051,000	67,436,000
Environmental		69,000	69,000
Trunk Highway		1,941,000	1,941,000

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

Subd. 2. Emergency Management

2,525,000

2,525,000

Appropriations by Fund
General		1,852,000	1,852,000
Special Revenue		604,000	604,000
Environmental		69,000	69,000

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

Subd. 3. Criminal Apprehension

42,237,000

42,237,000

Appropriations by Fund
General		40,289,000	40,289,000
State Government Special Revenue		7,000	7,000
Trunk Highway		1,941,000	1,941,000

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

Subd. 4. Fire Marshal

9,984,000

9,985,000

This appropriation is from the fire safety
account in the special revenue fund and is for
activities under Minnesota Statutes, section
299F.012.

Of this amount: (1) $5,757,000 each year
is for activities under Minnesota Statutes,
section 299F.012; and (2) $4,227,000 the first
year and $4,228,000 the second year are for
transfers to the general fund under Minnesota
Statutes, section 297I.06, subdivision 3.

Subd. 5. Alcohol and Gambling Enforcement

2,236,000

2,236,000

Appropriations by Fund
General		1,583,000	1,583,000
Special Revenue		653,000	653,000

This appropriation is from the alcohol
enforcement account in the special revenue
fund. Of this appropriation, $500,000 each
year shall be transferred to the general fund.
The transfer amount for fiscal year 2014 and
fiscal year 2015 shall be $500,000 per year.

Subd. 6. Office of Justice Programs

33,057,000

33,057,000

Appropriations by Fund
General		32,961,000	32,961,000
State Government Special Revenue		96,000	96,000

Administration Costs. Up to 2.5 percent
of the grant money appropriated in this
subdivision may be used to administer the
grant program.

Subd. 7. Emergency Communication Networks

69,948,000

67,333,000

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

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

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

(c) ARMER Debt Service. $23,261,000
each year is to the commissioner of
management and budget to pay debt service
on revenue bonds issued under Minnesota
Statutes, section 403.275.

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

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

(e) ARMER State Backbone Operating
Costs. $8,300,000 the first year and
$8,650,000 the second year are to the
commissioner of transportation for costs
of maintaining and operating the statewide
radio system backbone.

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

Sec. 12. PEACE OFFICER STANDARDS AND TRAINING (POST) BOARD

$

3,770,000

$

3,770,000

(a) Excess Amounts Transferred. This
appropriation is from the peace officer
training account in the special revenue fund.
Any new receipts credited to that account in
the first year in excess of $3,770,000 must be
transferred and credited to the general fund.
Any new receipts credited to that account in
the second year in excess of $3,770,000 must
be transferred and credited to the general
fund.

(b) Peace Officer Training
Reimbursements. $2,634,000 each
year is for reimbursements to local
governments for peace officer training costs.

Sec. 13. PRIVATE DETECTIVE BOARD

$

120,000

$

120,000

Sec. 14. HUMAN RIGHTS

$

3,171,000

$

3,171,000

Sec. 15. DEPARTMENT OF CORRECTIONS

Subdivision 1. Total Appropriation

$

457,023,000

$

458,032,000

Appropriations by Fund
		2012	2013
General		456,133,000	457,142,000
Special Revenue		890,000	890,000

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

Subd. 2. Correctional Institutions

327,182,000

328,191,000

Appropriations by Fund
General		326,602,000	327,611,000
Special Revenue		580,000	580,000

The general fund base for this program shall
be $330,000,000 in fiscal year 2014 and
$332,852,000 in fiscal year 2015.

Correctional Study. In implementing
this appropriation the commissioner of
corrections shall consider studying the
following topics:

(1) adoption of an earned credit program for
inmates in the state correctional facilities
similar to the programs in 36 other states;

(2) the federal immigration and customs
enforcement rapid REPAT program and the
potential for the state to participate in the
program;

(3) expanding the use of medical and other
forms of early release;

(4) the feasibility of closing a wing or an
entire state facility or leasing vacant prison
space to house inmates from other states;

(5) reducing inmate medical costs; and

(6) reforming the department's role in the
juvenile justice system including closing
juvenile facilities.

Subd. 3. Community Services

108,937,000

108,937,000

Appropriations by Fund
General		108,837,000	108,837,000
Special Revenue		100,000	100,000

Probation Revocation Reform. In
implementing this appropriation the
commissioner of corrections, in consultation
with staff of the Sentencing Guidelines
Commission and representatives from
community corrections agencies, shall
consider developing performance incentives
for counties to reduce the number of
probation revocations. The commissioner
is encouraged to review policies in states
that have implemented performance
incentive programs. In implementing
this appropriation the commissioner shall
consider examining:

(1) the revocation rate differences between
counties;

(2) granting earned compliance credits for
offenders on probation;

(3) recent innovations in probation services,
such as the HOPE program and the
Georgia model, to determine the feasibility
of implementing similar programs in
Minnesota;

(4) limiting prison time for first time
probation revocations; and

(5) the impact of adopting one, unified
probation and supervised release delivery
system in the state.

Subd. 4. Operations Support

20,904,000

20,904,000

Appropriations by Fund
General		20,694,000	20,694,000
Special Revenue		210,000	210,000

Subd. 5. Transfers

(a) MINNCOR. Notwithstanding Minnesota
Statutes, section 241.27, the commissioner
of management and budget shall transfer
$600,000 the first year and $600,000 the
second year from the Minnesota correctional
industries revolving fund to the general fund.
These are onetime transfers.

(b) Various Special Revenue Accounts.
Notwithstanding any law to the contrary,
the commissioner of management and
budget shall transfer $400,000 the first year
and $400,000 the second year from the
Department of Corrections' special revenue
accounts to the general fund. These are
onetime transfers. The commissioner of
corrections shall adjust expenditures to stay
within the remaining revenues.

Sec. 16. SENTENCING GUIDELINES

$

586,000

$

586,000

Sec. 17. PROHIBITION ON USE OF APPROPRIATIONS

No portion of the appropriations in sections 3 to 10 and 16 may be used for the
purchase of motor vehicles or out-of-state travel that is not directly connected with and
necessary to carry out the core functions of the organizations funded in this article.

Sec. 18. CAPPING MILEAGE REIMBURSEMENT.

For entities funded by an appropriation in sections 3 to 10 and 16, no official or
employee may be reimbursed for mileage expenses at a rate that exceeds 51 cents per mile.

Sec. 19. EFFECTIVE DATE; RELATIONSHIP TO OTHER
APPROPRIATIONS.

Unless otherwise specified, this article is effective retroactively from July 1, 2011,
and supersedes and replaces funding authorized by orders of the Second Judicial District
Court in Case Nos. 62-CV-11-5203 and 62-CV-11-5361.

ARTICLE 2

PUBLIC SAFETY AND CORRECTIONS POLICY

Section 1.

Minnesota Statutes 2010, section 243.212, is amended to read:

243.212 CO-PAYMENTS FOR HEALTH SERVICES.

Any inmate of an adult correctional facility under the control of the commissioner
of corrections shall incur co-payment obligations for health care services provided. The
co-payment shall be at least $5 per visit to a health care provider. The co-payment will be
paid from the inmate account of earnings and other funds, as provided in section 243.23,
subdivision 3. The funds paid under this subdivision are appropriated to the commissioner
of corrections for the delivery of health care services to inmates.

Sec. 2.

Minnesota Statutes 2010, section 297I.06, subdivision 3, is amended to read:

Subd. 3.

Fire safety account, annual transfers, allocation.

A special account, to
be known as the fire safety account, is created in the state treasury. The account consists
of the proceeds under subdivisions 1 and 2. $468,000 in fiscal year 2008, $4,268,000 in
fiscal year 2009, $9,268,000 $4,227,000 in fiscal year 2010 2012, $5,968,000 $4,228,000
in fiscal year 2011 2013, and $2,368,000 in each year thereafter is transferred from the fire
safety account in the special revenue fund to the general fund to offset the loss of revenue
caused by the repeal of the one-half of one percent tax on fire insurance premiums.

Sec. 3.

Minnesota Statutes 2010, section 626.8458, subdivision 5, is amended to read:

Subd. 5.

In-service training in police pursuits required.

The chief law
enforcement officer of every state and local law enforcement agency shall provide
in-service training in emergency vehicle operations and in the conduct of police pursuits
to every peace officer and part-time peace officer employed by the agency who the
chief law enforcement officer determines may be involved in a police pursuit given the
officer's responsibilities. The training shall comply with learning objectives developed
and approved by the board and shall consist of at least eight hours of classroom and
skills-based training every four five years.

Sec. 4.

Minnesota Statutes 2010, section 641.15, subdivision 2, is amended to read:

Subd. 2.

Medical aid.

Except as provided in section 466.101, the county board
shall pay the costs of medical services provided to prisoners pursuant to this section.
The amount paid by the Anoka county board for a medical service shall not exceed the
maximum allowed medical assistance payment rate for the service, as determined by
the commissioner of human services. For all other counties, In the absence of a health
or medical insurance or health plan that has a contractual obligation with the provider or
the prisoner, medical providers shall charge no higher than the rate negotiated between
the county and the provider. In the absence of an agreement between the county and the
provider, the provider may not charge no more than the discounted rate the provider
has negotiated with the nongovernmental third-party payer that provided the most
revenue to the provider during the previous calendar year an amount that exceeds the
maximum allowed medical assistance payment rate for the service, as determined by
the commissioner of human services. The county is entitled to reimbursement from the
prisoner for payment of medical bills to the extent that the prisoner to whom the medical
aid was provided has the ability to pay the bills. The prisoner shall, at a minimum, incur
co-payment obligations for health care services provided by a county correctional facility.
The county board shall determine the co-payment amount. Notwithstanding any law to the
contrary, the co-payment shall be deducted from any of the prisoner's funds held by the
county, to the extent possible. If there is a disagreement between the county and a prisoner
concerning the prisoner's ability to pay, the court with jurisdiction over the defendant shall
determine the extent, if any, of the prisoner's ability to pay for the medical services. If
a prisoner is covered by health or medical insurance or other health plan when medical
services are provided, the medical provider shall bill that health or medical insurance or
other plan. If the county providing the medical services for a prisoner that has coverage
under health or medical insurance or other plan, that county has a right of subrogation to
be reimbursed by the insurance carrier for all sums spent by it for medical services to the
prisoner that are covered by the policy of insurance or health plan, in accordance with the
benefits, limitations, exclusions, provider restrictions, and other provisions of the policy or
health plan. The county may maintain an action to enforce this subrogation right. The
county does not have a right of subrogation against the medical assistance program or the
general assistance medical care program.

Sec. 5. ACQUISITION OF EASEMENT; MINNESOTA CORRECTIONAL
FACILITY IN FARIBAULT.

Notwithstanding Minnesota Statutes, section 16B.31, subdivision 5, the
commissioner of administration may acquire an easement for utility and access purposes to
serve the Minnesota correctional facility in the city of Faribault by any of the acquisition
methods permitted by that subdivision even in the absence of a specific appropriation to
the commissioner to acquire the easement.

Sec. 6. EFFECTIVE DATE.

Sections 1 to 5 are effective the day following final enactment.

ARTICLE 3

COURTS AND SENTENCING

Section 1.

Minnesota Statutes 2010, section 169.797, subdivision 4, is amended to read:

Subd. 4.

Penalty.

(a) A person who violates this section is guilty of a misdemeanor.
A person is guilty of a gross misdemeanor who violates this section within ten years
of the first of two prior convictions under this section, section 169.791, or a statute or
ordinance in conformity with one of those sections. The operator of a vehicle who violates
subdivision 3 and who causes or contributes to causing a vehicle accident that results in
the death of any person or in substantial bodily harm to any person, as defined in section
609.02, subdivision 7a, is guilty of a gross misdemeanor. The same prosecuting authority
who is responsible for prosecuting misdemeanor violations of this section is responsible
for prosecuting gross misdemeanor violations of this section. In addition to any sentence
of imprisonment that the court may impose on a person convicted of violating this section,
the court shall impose a fine of not less than $200 nor more than the maximum amount
authorized by law. The court may allow community service in lieu of any fine imposed if
the defendant is indigent.

(b) A driver who is the owner of the vehicle may, no later than the date and time
specified in the citation for the driver's first court appearance, produce proof of insurance
stating that security had been provided for the vehicle that was being operated at the time
of demand to the court administrator. The required proof of insurance may be sent by mail
by the driver as long as it is received no later than the date and time specified in the
citation for the driver's first court appearance. If a citation is issued, no person shall be
convicted of violating this section if the court administrator receives the required proof of
insurance no later than the date and time specified in the citation for the driver's first court
appearance. If the charge is made other than by citation, no person shall be convicted of
violating this section if the person presents the required proof of insurance at the person's
first court appearance after the charge is made.

(c) If the driver is not the owner of the vehicle, the driver shall, no later than the
date and time specified in the citation for the driver's first court appearance, provide the
district court administrator with proof of insurance or the name and address of the owner.
Upon receipt of the name and address of the owner, the district court administrator shall
communicate the information to the law enforcement agency.

(d) If the driver is not the owner of the vehicle, the officer may send or provide a
notice to the owner of the vehicle requiring the owner to produce proof of insurance for
the vehicle that was being operated at the time of the demand. Notice by mail is presumed
to be received five days after mailing and shall be sent to the owner's current address or the
address listed on the owner's driver's license. Within ten days after receipt of the notice,
the owner shall produce the required proof of insurance to the place stated in the notice
received by the owner. The required proof of insurance may be sent by mail by the owner
as long as it is received within ten days. Any owner who fails to produce proof of insurance
within ten days of an officer's request under this subdivision is guilty of a misdemeanor.
The peace officer may mail the citation to the owner's current address or address stated
on the owner's driver's license. It is an affirmative defense to a charge against the owner
that the driver used the owner's vehicle without consent, if insurance would not have been
required in the absence of the unauthorized use by the driver. It is not a defense that a
person failed to notify the Department of Public Safety of a change of name or address as
required under section 171.11. The citation may be sent after the ten-day period.

(b) (e) The court may impose consecutive sentences for offenses arising out of a
single course of conduct as permitted in section 609.035, subdivision 2.

(c) (f) In addition to the criminal penalty, the driver's license of an operator convicted
under this section shall be revoked for not more than 12 months. If the operator is also an
owner of the vehicle, the registration of the vehicle shall also be revoked for not more
than 12 months. Before reinstatement of a driver's license or registration, the operator
shall file with the commissioner of public safety the written certificate of an insurance
carrier authorized to do business in this state stating that security has been provided by the
operator as required by section 65B.48.

(d) (g) The commissioner shall include a notice of the penalties contained in this
section on all forms for registration of vehicles required to maintain a plan of reparation
security.

Sec. 2.

Minnesota Statutes 2010, section 260C.331, subdivision 3, is amended to read:

Subd. 3.

Court expenses.

The following expenses are a charge upon the county
in which proceedings are held upon certification of the judge of juvenile court or upon
such other authorization provided by law:

(1) the fees and mileage of witnesses, and the expenses and mileage of officers
serving notices and subpoenas ordered by the court, as prescribed by law;

(2) the expense of transporting a child to a place designated by a child-placing agency
for the care of the child if the court transfers legal custody to a child-placing agency;

(3) the expense of transporting a minor to a place designated by the court;

(4) reasonable compensation for an attorney appointed by the court to serve as
counsel.

The State Guardian Ad Litem Board shall pay for guardian ad litem expenses
and reasonable compensation for an attorney to serve as counsel for a guardian ad
litem, if necessary. In no event may the court order that guardian ad litem expenses or
compensation for an attorney serving as counsel for a guardian ad litem be charged to
a county.

Sec. 3.

Minnesota Statutes 2010, section 357.021, subdivision 6, is amended to read:

Subd. 6.

Surcharges on criminal and traffic offenders.

(a) Except as provided
in this paragraph, the court shall impose and the court administrator shall collect a $75
surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or
petty misdemeanor offense, other than a violation of a law or ordinance relating to vehicle
parking, for which there shall be a $12 surcharge. When a defendant is convicted of more
than one offense in a case, the surcharge shall be imposed only once in that case. In the
Second Judicial District, the court shall impose, and the court administrator shall collect,
an additional $1 surcharge on every person convicted of any felony, gross misdemeanor,
misdemeanor, or petty misdemeanor offense, including a violation of a law or ordinance
relating to vehicle parking, if the Ramsey County Board of Commissioners authorizes the
$1 surcharge. The surcharge shall be imposed whether or not the person is sentenced to
imprisonment or the sentence is stayed. The surcharge shall not be imposed when a person
is convicted of a petty misdemeanor for which no fine is imposed.

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

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

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

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

(f) A person who successfully completes a diversion or similar program enters
a diversion program, continuance without prosecution, continuance for dismissal, or
stay of adjudication for a violation of chapter 169 must pay the surcharge described in
this subdivision. A surcharge imposed under this paragraph shall be imposed only once
per case.

(g) The surcharge does not apply to administrative citations issued pursuant to
section 169.999.

Sec. 4.

Minnesota Statutes 2010, section 563.01, subdivision 3, is amended to read:

Subd. 3.

Authorization of forma pauperis.

(a) Any court of the state of Minnesota
or any political subdivision thereof may authorize the commencement or defense of any
civil action, or appeal therein, without prepayment of fees, costs and security for costs by
a natural person who makes affidavit stating (a) the nature of the action, defense or appeal,
(b) a belief that affiant is entitled to redress, and (c) that affiant is financially unable to
pay the fees, costs and security for costs.

(b) Upon a finding by the court that the action is not of a frivolous nature, the court
shall allow the person to proceed in forma pauperis if the affidavit is substantially in the
language required by this subdivision and is not found by the court to be untrue. Persons
meeting the requirements of this subdivision include, but are not limited to, a person who
is receiving public assistance, who is represented by an attorney on behalf of a civil legal
services program or a volunteer attorney program based on indigency, or who has an
annual income not greater than 125 percent of the poverty line established under United
States Code, title 42, section 9902(2), except as otherwise provided by section 563.02.

(c) If, at or following commencement of the action, the party is or becomes able to
pay all or a portion of the fees, costs, and security for costs, the court may order payment
of a fee of $75 or reimbursement or partial payment of all or a portion of the fees, costs,
and security for costs, to be paid as directed by the court.

The court administrator shall transmit any fees or payments to the commissioner of
management and budget for deposit in the state treasury and credit to the general fund.

Sec. 5. EFFECTIVE DATE.

Sections 1 to 4 are effective the day following final enactment.

ARTICLE 4

SEXUALLY EXPLOITED YOUTH

Section 1.

Minnesota Statutes 2010, section 260B.007, subdivision 6, is amended to
read:

Subd. 6.

Delinquent child.

(a) Except as otherwise provided in paragraph
paragraphs (b) and (c), "delinquent child" means a child:

(1) who has violated any state or local law, except as provided in section 260B.225,
subdivision 1, and except for juvenile offenders as described in subdivisions 16 to 18;

(2) who has violated a federal law or a law of another state and whose case has been
referred to the juvenile court if the violation would be an act of delinquency if committed
in this state or a crime or offense if committed by an adult;

(3) who has escaped from confinement to a state juvenile correctional facility after
being committed to the custody of the commissioner of corrections; or

(4) who has escaped from confinement to a local juvenile correctional facility after
being committed to the facility by the court.

(b) The term delinquent child does not include a child alleged to have committed
murder in the first degree after becoming 16 years of age, but the term delinquent child
does include a child alleged to have committed attempted murder in the first degree.

(c) The term delinquent child does not include a child under the age of 16 years
alleged to have engaged in conduct which would, if committed by an adult, violate any
federal, state, or local law relating to being hired, offering to be hired, or agreeing to be
hired by another individual to engage in sexual penetration or sexual conduct.

EFFECTIVE DATE.

This section is effective August 1, 2014, and applies to
offenses committed on or after that date.

Sec. 2.

Minnesota Statutes 2010, section 260B.007, subdivision 16, is amended to read:

Subd. 16.

Juvenile petty offender; juvenile petty offense.

(a) "Juvenile petty
offense" includes a juvenile alcohol offense, a juvenile controlled substance offense,
a violation of section 609.685, or a violation of a local ordinance, which by its terms
prohibits conduct by a child under the age of 18 years which would be lawful conduct if
committed by an adult.

(b) Except as otherwise provided in paragraph (c), "juvenile petty offense" also
includes an offense that would be a misdemeanor if committed by an adult.

(c) "Juvenile petty offense" does not include any of the following:

(1) a misdemeanor-level violation of section 518B.01, 588.20, 609.224, 609.2242,
609.324, 609.5632, 609.576, 609.66, 609.746, 609.748, 609.79, or 617.23;

(2) a major traffic offense or an adult court traffic offense, as described in section
260B.225;

(3) a misdemeanor-level offense committed by a child whom the juvenile court
previously has found to have committed a misdemeanor, gross misdemeanor, or felony
offense; or

(4) a misdemeanor-level offense committed by a child whom the juvenile court
has found to have committed a misdemeanor-level juvenile petty offense on two or
more prior occasions, unless the county attorney designates the child on the petition
as a juvenile petty offender notwithstanding this prior record. As used in this clause,
"misdemeanor-level juvenile petty offense" includes a misdemeanor-level offense that
would have been a juvenile petty offense if it had been committed on or after July 1, 1995.

(d) A child who commits a juvenile petty offense is a "juvenile petty offender." The
term juvenile petty offender does not include a child under the age of 16 years alleged
to have violated any law relating to being hired, offering to be hired, or agreeing to be
hired by another individual to engage in sexual penetration or sexual conduct which, if
committed by an adult, would be a misdemeanor.

EFFECTIVE DATE.

This section is effective August 1, 2014, and applies to
offenses committed on or after that date.

Sec. 3.

Minnesota Statutes 2010, section 260C.007, subdivision 6, is amended to read:

Subd. 6.

Child in need of protection or services.

"Child in need of protection or
services" means a child who is in need of protection or services because the child:

(1) is abandoned or without parent, guardian, or custodian;

(2)(i) has been a victim of physical or sexual abuse as defined in section 626.556,
subdivision 2, (ii) resides with or has resided with a victim of child abuse as defined in
subdivision 5 or domestic child abuse as defined in subdivision 13, (iii) resides with or
would reside with a perpetrator of domestic child abuse as defined in subdivision 13 or
child abuse as defined in subdivision 5 or 13, or (iv) is a victim of emotional maltreatment
as defined in subdivision 15;

(3) is without necessary food, clothing, shelter, education, or other required care
for the child's physical or mental health or morals because the child's parent, guardian,
or custodian is unable or unwilling to provide that care;

(4) is without the special care made necessary by a physical, mental, or emotional
condition because the child's parent, guardian, or custodian is unable or unwilling to
provide that care;

(5) is medically neglected, which includes, but is not limited to, the withholding of
medically indicated treatment from a disabled infant with a life-threatening condition. The
term "withholding of medically indicated treatment" means the failure to respond to the
infant's life-threatening conditions by providing treatment, including appropriate nutrition,
hydration, and medication which, in the treating physician's or physicians' reasonable
medical judgment, will be most likely to be effective in ameliorating or correcting all
conditions, except that the term does not include the failure to provide treatment other
than appropriate nutrition, hydration, or medication to an infant when, in the treating
physician's or physicians' reasonable medical judgment:

(i) the infant is chronically and irreversibly comatose;

(ii) the provision of the treatment would merely prolong dying, not be effective in
ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be
futile in terms of the survival of the infant; or

(iii) the provision of the treatment would be virtually futile in terms of the survival
of the infant and the treatment itself under the circumstances would be inhumane;

(6) is one whose parent, guardian, or other custodian for good cause desires to be
relieved of the child's care and custody, including a child who entered foster care under a
voluntary placement agreement between the parent and the responsible social services
agency under section 260C.212, subdivision 8;

(7) has been placed for adoption or care in violation of law;

(8) is without proper parental care because of the emotional, mental, or physical
disability, or state of immaturity of the child's parent, guardian, or other custodian;

(9) is one whose behavior, condition, or environment is such as to be injurious or
dangerous to the child or others. An injurious or dangerous environment may include, but
is not limited to, the exposure of a child to criminal activity in the child's home;

(10) is experiencing growth delays, which may be referred to as failure to thrive, that
have been diagnosed by a physician and are due to parental neglect;

(11) has engaged in prostitution as defined in section 609.321, subdivision 9;

(12) has committed a delinquent act or a juvenile petty offense before becoming
ten years old;

(13) is a runaway;

(14) is a habitual truant;

(15) has been found incompetent to proceed or has been found not guilty by reason
of mental illness or mental deficiency in connection with a delinquency proceeding, a
certification under section 260B.125, an extended jurisdiction juvenile prosecution, or a
proceeding involving a juvenile petty offense; or

(16) has a parent whose parental rights to one or more other children were
involuntarily terminated or whose custodial rights to another child have been involuntarily
transferred to a relative and there is a case plan prepared by the responsible social services
agency documenting a compelling reason why filing the termination of parental rights
petition under section 260C.301, subdivision 3, is not in the best interests of the child; or

(17) is a sexually exploited youth.

EFFECTIVE DATE.

This section is effective August 1, 2011.

Sec. 4.

Minnesota Statutes 2010, section 260C.007, subdivision 11, is amended to read:

Subd. 11.

Delinquent child.

"Delinquent child" means a child:

(1) who has violated any state or local law, except as provided in section 260B.225,
subdivision 1, and except for juvenile offenders as described in subdivisions 19 and 28; or

(2) who has violated a federal law or a law of another state and whose case has been
referred to the juvenile court if the violation would be an act of delinquency if committed
in this state or a crime or offense if committed by an adult has the meaning given in
section 260B.007, subdivision 6.

EFFECTIVE DATE.

This section is effective August 1, 2011.

Sec. 5.

Minnesota Statutes 2010, section 260C.007, is amended by adding a
subdivision to read:

Subd. 31.

Sexually exploited youth.

"Sexually exploited youth" means an
individual who:

(1) is alleged to have engaged in conduct which would, if committed by an adult,
violate any federal, state, or local law relating to being hired, offering to be hired, or
agreeing to be hired by another individual to engage in sexual penetration or sexual
conduct;

(2) is a victim of a crime described in section 609.342, 609.343, 609.345, 609.3451,
609.3453, 609.352, 617.246, or 617.247;

(3) is a victim of a crime described in United States Code, title 18, section 2260;
2421; 2422; 2423; 2425; 2425A; or 2256; or

(4) is a sex trafficking victim as defined in section 609.321, subdivision 7b.

EFFECTIVE DATE.

This section is effective August 1, 2011.

Sec. 6.

[609.093] JUVENILE PROSTITUTES; DIVERSION OR CHILD
PROTECTION PROCEEDINGS.

Subdivision 1.

First-time prostitution offense; applicability; procedure.

(a) This
section applies to a 16 or 17 year old child alleged to have engaged in prostitution as
defined in section 609.321, subdivision 9, who:

(1) has not been previously adjudicated delinquent for engaging in prostitution as
defined in section 609.321, subdivision 9;

(2) has not previously participated in or completed a diversion program for engaging
in prostitution as defined in section 609.321, subdivision 9;

(3) has not previously been placed on probation without an adjudication or received
a continuance under section 260B.198, subdivision 7, for engaging in prostitution as
defined in section 609.321, subdivision 9;

(4) has not previously been found to be a child in need of protection or services for
engaging in prostitution as defined in section 609.321, subdivision 9, or because the child is
a sexually exploited youth as defined in section 260C.007, subdivision 31, clause (1); and

(5) agrees to successfully complete a diversion program under section 388.24 or
fully comply with a disposition order under section 260C.201.

(b) The prosecutor shall refer a child described in paragraph (a) to a diversion
program under section 388.24 or file a petition under section 260C.141 alleging the child
to be in need of protection or services.

Subd. 2.

Failure to comply.

If a child fails to successfully complete diversion or
fails to fully comply with a disposition order under section 260C.201, the child may be
referred back to the court for further proceedings under chapter 260B.

Subd. 3.

Dismissal of charge.

The court shall dismiss the charge against the child if
any of the following apply:

(1) the prosecutor referred the child to diversion program and the prosecutor notifies
the court that the child successfully completed the program;

(2) the prosecutor filed a petition under section 260C.141 and the court does not find
that the child is in need of protection or services; or

(3) the prosecutor filed a petition under section 260C.141, the court entered an order
under section 260C.201, and the child fully complied with the order.

EFFECTIVE DATE.

This section is effective August 1, 2014, and applies to
offenses committed on or after that date.

Sec. 7.

Minnesota Statutes 2010, section 609.3241, is amended to read:

609.3241 PENALTY ASSESSMENT AUTHORIZED.

(a) When a court sentences an adult convicted of violating section 609.322 or
609.324, while acting other than as a prostitute, the court shall impose an assessment of
not less than $250 $500 and not more than $500 $750 for a violation of section 609.324,
subdivision 2, or a misdemeanor violation of section 609.324, subdivision 3; otherwise
the court shall impose an assessment of not less than $500 $750 and not more than
$1,000. The mandatory minimum portion of the assessment is to be used for the purposes
described in section 626.558, subdivision 2a, shall be distributed as provided in paragraph
(c) and is in addition to the surcharge required by section 357.021, subdivision 6. Any
portion of the assessment imposed in excess of the mandatory minimum amount shall be
deposited in an account in the special revenue fund and is appropriated annually to the
commissioner of public safety. The commissioner, with the assistance of the General
Crime Victims Advisory Council, shall use money received under this section for grants to
agencies that provide assistance to individuals who have stopped or wish to stop engaging
in prostitution. Grant money may be used to provide these individuals with medical care,
child care, temporary housing, and educational expenses.

(b) The court may not waive payment of the minimum assessment required by
this section. If the defendant qualifies for the services of a public defender or the court
finds on the record that the convicted person is indigent or that immediate payment of
the assessment would create undue hardship for the convicted person or that person's
immediate family, the court may reduce the amount of the minimum assessment to not
less than $100. The court also may authorize payment of the assessment in installments.

(c) The assessment collected under paragraph (a) must be distributed as follows:

(1) 40 percent of the assessment shall be forwarded to the political subdivision that
employs the arresting officer for use in enforcement, training, and education activities
related to combating sexual exploitation of youth, or if the arresting officer is an employee
of the state, this portion shall be forwarded to the commissioner of public safety for those
purposes identified in clause (3);

(2) 20 percent of the assessment shall be forwarded to the prosecuting agency that
handled the case for use in training and education activities relating to combating sexual
exploitation activities of youth; and

(3) 40 percent of the assessment must be forwarded to the commissioner of public
safety to be deposited in the safe harbor for youth account in the special revenue fund
and are appropriated to the commissioner for distribution to crime victims services
organizations that provide services to sexually exploited youth, as defined in section
260C.007, subdivision 31.

(d) A safe harbor for youth account is established as a special account in the state
treasury.

EFFECTIVE DATE.

This section is effective August 1, 2011.

Sec. 8.

Minnesota Statutes 2010, section 626.558, subdivision 2a, is amended to read:

Subd. 2a.

Juvenile prostitution Sexually exploited youth outreach program.

A
multidisciplinary child protection team may assist the local welfare agency, local law
enforcement agency, or an appropriate private organization in developing a program of
outreach services for juveniles who are engaging in prostitution sexually exploited youth,
including homeless, runaway, and truant youth who are at risk of sexual exploitation.
For the purposes of this subdivision, at least one representative of a youth intervention
program or, where this type of program is unavailable, one representative of a nonprofit
agency serving youth in crisis, shall be appointed to and serve on the multidisciplinary
child protection team in addition to the standing members of the team. These services may
include counseling, medical care, short-term shelter, alternative living arrangements, and
drop-in centers. The county may finance these services by means of the penalty assessment
authorized by section 609.3241. A juvenile's receipt of intervention services under this
subdivision may not be conditioned upon the juvenile providing any evidence or testimony.

EFFECTIVE DATE.

This section is effective August 1, 2011.

Sec. 9. SAFE HARBOR FOR SEX TRAFFICKED YOUTH; SEXUALLY
EXPLOITED YOUTH; STATEWIDE VICTIM SERVICES MODEL.

(a) If sufficient funding from outside sources is donated, the commissioner of public
safety shall develop a statewide model as provided in this section. By June 30, 2012, the
commissioner of public safety, in consultation with the commissioners of health and
human services, shall develop a victim services model to address the needs of sexually
exploited youth and youth at risk of sexual exploitation. The commissioner shall take into
consideration the findings and recommendations as reported to the legislature on the
results of the safe harbor for sexually exploited youth pilot project authorized by Laws
2006, chapter 282, article 13, section 4, paragraph (b). In addition, the commissioner
shall seek recommendations from prosecutors, public safety officials, public health
professionals, child protection workers, and service providers.

(b) By January 15, 2013, the commissioner of public safety shall report to the chairs
and ranking minority members of the senate and house of representatives divisions having
jurisdiction over health and human services and criminal justice funding and policy on the
development of the statewide model, including recommendations for additional legislation
or funding for services for sexually exploited youth or youth at risk of sexual exploitation.

(c) As used in this section, "sexually exploited youth" has the meaning given in
section 260C.007, subdivision 31.

EFFECTIVE DATE.

This section is effective August 1, 2011.

ARTICLE 5

PROSTITUTION CRIMES

Section 1.

Minnesota Statutes 2010, section 609.321, subdivision 4, is amended to read:

Subd. 4.

Patron.

"Patron" means an individual who hires or offers or agrees
engages in prostitution by hiring, offering to hire, or agreeing to hire another individual to
engage in sexual penetration or sexual contact.

EFFECTIVE DATE.

This section is effective August 1, 2011, and applies to crimes
committed on or after that date.

Sec. 2.

Minnesota Statutes 2010, section 609.321, subdivision 8, is amended to read:

Subd. 8.

Prostitute.

"Prostitute" means an individual who engages in prostitution
by being hired, offering to be hired, or agreeing to be hired by another individual to
engage in sexual penetration or sexual contact.

EFFECTIVE DATE.

This section is effective August 1, 2011, and applies to crimes
committed on or after that date.

Sec. 3.

Minnesota Statutes 2010, section 609.321, subdivision 9, is amended to read:

Subd. 9.

Prostitution.

"Prostitution" means engaging or offering or agreeing to
engage for hire hiring, offering to hire, or agreeing to hire another individual to engage in
sexual penetration or sexual contact, or being hired, offering to be hired, or agreeing to be
hired by another individual to engage in sexual penetration or sexual contact.

EFFECTIVE DATE.

This section is effective August 1, 2011, and applies to crimes
committed on or after that date.

Sec. 4.

Minnesota Statutes 2010, section 609.324, subdivision 2, is amended to read:

Subd. 2.

Prostitution in public place; penalty for patrons.

Whoever, while acting
as a patron, intentionally does any of the following while in a public place is guilty of a
gross misdemeanor:

(1) engages in prostitution with an individual 18 years of age or older; or

(2) hires or, offers to hire, or agrees to hire an individual 18 years of age or older to
engage in sexual penetration or sexual contact.

Except as otherwise provided in subdivision 4, a person who is convicted of violating this
subdivision while acting as a patron must, at a minimum, be sentenced to pay a fine
of at least $1,500.

EFFECTIVE DATE.

This section is effective August 1, 2011, and applies to crimes
committed on or after that date.

Sec. 5.

Minnesota Statutes 2010, section 609.324, subdivision 3, is amended to read:

Subd. 3.

General prostitution crimes; penalties for patrons.

(a) Whoever, while
acting as a patron, intentionally does any of the following is guilty of a misdemeanor:

(1) engages in prostitution with an individual 18 years of age or above older; or

(2) hires or, offers to hire, or agrees to hire an individual 18 years of age or above
older to engage in sexual penetration or sexual contact. Except as otherwise provided in
subdivision 4, a person who is convicted of violating this paragraph while acting as a
patron must, at a minimum, be sentenced to pay a fine of at least $500.

(b) Whoever violates the provisions of this subdivision within two years of a
previous prostitution conviction for violating this section or section 609.322 is guilty
of a gross misdemeanor. Except as otherwise provided in subdivision 4, a person who
is convicted of violating this paragraph while acting as a patron must, at a minimum,
be sentenced as follows:

(1) to pay a fine of at least $1,500; and

(2) to serve 20 hours of community work service.

The court may waive the mandatory community work service if it makes specific,
written findings that the community work service is not feasible or appropriate under the
circumstances of the case.

EFFECTIVE DATE.

This section is effective August 1, 2011, and applies to crimes
committed on or after that date.

Sec. 6.

Minnesota Statutes 2010, section 609.324, is amended by adding a subdivision
to read:

Subd. 6.

Prostitution in public place; penalty for prostitutes.

Whoever, while
acting as a prostitute, intentionally does any of the following while in a public place is
guilty of a gross misdemeanor:

(1) engages in prostitution with an individual 18 years of age or older; or

(2) is hired, offers to be hired, or agrees to be hired by an individual 18 years of age
or older to engage in sexual penetration or sexual contact.

EFFECTIVE DATE.

This section is effective August 1, 2011, and applies to crimes
committed on or after that date.

Sec. 7.

Minnesota Statutes 2010, section 609.324, is amended by adding a subdivision
to read:

Subd. 7.

General prostitution crimes; penalties for prostitutes.

(a) Whoever,
while acting as a prostitute, intentionally does any of the following is guilty of a
misdemeanor:

(1) engages in prostitution with an individual 18 years of age or older; or

(2) is hired, offers to be hired, or agrees to be hired by an individual 18 years of age
or older to engage in sexual penetration or sexual contact.

(b) Whoever violates the provisions of this subdivision within two years of a
previous prostitution conviction for violating this section or section 609.322 is guilty
of a gross misdemeanor.

EFFECTIVE DATE.

This section is effective August 1, 2011, and applies to crimes
committed on or after that date.