Minnesota Legislature
HF 2125
as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:59am
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 03/25/2009 |
Current Version - as introduced
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A bill for an act
relating to crime prevention; providing for an aggressive initiative against
chemical dependency; increasing the tax on alcoholic beverages to fund this
initiative; eliminating obsolete language and making technical corrections;
appropriating money; amending Minnesota Statutes 2008, sections 169A.275,
subdivision 5; 169A.284, subdivision 1; 169A.54, subdivision 11; 169A.70,
subdivisions 2, 3, 7, by adding subdivisions; 254B.01, subdivision 2; 254B.02,
subdivision 1; 254B.04, subdivisions 1, 3; 254B.06, subdivision 1; 297G.03,
subdivisions 1, 2; 297G.04, subdivisions 1, 2; 609.115, subdivision 8; 609.135,
by adding a subdivision; proposing coding for new law in Minnesota Statutes,
chapters 254A; 373; 609; repealing Minnesota Statutes 2008, sections 254B.02,
subdivisions 2, 3, 4; 254B.03, subdivision 4; 254B.09, subdivisions 4, 5, 7.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. new text begin LEGISLATIVE FINDINGS AND INTENT.
new text end
new text begin
The legislature finds that:
new text end
new text begin
(1) impaired driving offenses kill and injure more Minnesotans than any other
crime; and
new text end
new text begin
(2) alcohol and drug abuse contribute to domestic violence and destroy families.
new text end
new text begin
The legislature considers the need to address the problem of alcohol abuse to be a high
priority. Furthermore, the legislature determines that the costs of fighting alcohol abuse
should be funded by those who abuse alcohol. Consequently, the legislature is increasing
the tax on the sale of alcohol to fund aggressive efforts to reduce impaired driving
offenses and generally prevent crime, injury, and loss of life through chemical dependency
prevention, screening, and treatment.
new text end
Sec. 2.
Minnesota Statutes 2008, section 169A.275, subdivision 5, is amended to read:
Subd. 5.
Level of care recommended in chemical use assessment.
Unless the
court commits the person to the custody of the commissioner of corrections as provided in
section 169A.276 (mandatory penalties; felony violations), in addition to other penalties
required under this section,new text begin if the person has not already done so,new text end the court shall order
a person to submit to the deleted text begin level of care recommended in the chemical use assessmentdeleted text end new text begin
treatment services clinically justified by a rule 25 (Minnesota Rules, parts 9530.6600
through 9530.6655) new text end conducted under section 169A.70 (alcohol safety program; chemical
use assessments) if the personnew text begin : (1)new text end is convicted of violating section 169A.20 (driving
while impaired) deleted text begin while having an alcohol concentration of 0.20 or more as measured at
the time, or within two hours of the time, of the offense or if the violation occurs within
ten years of one or more qualified prior impaired driving incidentsdeleted text end new text begin ; or (2) is arrested
for violating section 169A.20, but is convicted of another offense arising out of the
circumstances surrounding the arrestnew text end .
Sec. 3.
Minnesota Statutes 2008, section 169A.284, subdivision 1, is amended to read:
Subdivision 1.
When required.
(a) When a court sentences a person convicted of
an offense enumerated in section 169A.70, subdivision 2new text begin , paragraph (b), clause (1) or (2),new text end
(chemical use assessment; requirement; form), it shall impose a chemical dependency
assessment charge of $125. A person shall pay an additional surcharge of $5 if the
person is convicted of a violation of section 169A.20 (driving while impaired) within five
years of a prior impaired driving conviction or a prior conviction for an offense arising
out of an arrest for a violation of section 169A.20 or Minnesota Statutes 1998, section
169.121 (driver under influence of alcohol or controlled substance) or 169.129 (aggravated
DWI-related violations; penalty). This section applies when the sentence is executed,
stayed, or suspended. The court may not waive payment or authorize payment of the
assessment charge and surcharge in installments unless it makes written findings on the
record that the convicted person is indigent or that the assessment charge and surcharge
would create undue hardship for the convicted person or that person's immediate family.
(b) The chemical dependency assessment charge and surcharge required under
this section are in addition to the surcharge required by section 357.021, subdivision 6
(surcharges on criminal and traffic offenders).
Sec. 4.
Minnesota Statutes 2008, section 169A.54, subdivision 11, is amended to read:
Subd. 11.
Chemical use assessment.
When the evidentiary test shows an alcohol
concentration of 0.07 or more, that result must be reported to the commissioner. The
commissioner shall record that fact on the driver's record. When the driver's record shows
a second or subsequent report of an alcohol concentration of 0.07 or more within two
years of a recorded report, the commissioner may require that the driver have a chemical
use assessment meeting the commissioner's requirementsnew text begin and those of section 169A.70new text end .
The assessment must be at the driver's expense. In no event shall the commissioner deny
the license of a person who refuses to take the assessment or to undertake treatment, if
treatment is indicated by the assessment, for longer than 90 days. If an assessment is
made pursuant to this section, the commissioner may waive the assessment required
by section 169A.70.
Sec. 5.
Minnesota Statutes 2008, section 169A.70, subdivision 2, is amended to read:
Subd. 2.
Chemical use assessment requirement.
new text begin
(a) As used in this subdivision,
"violent crime" has the meaning given in section 609.133, subdivision 1.
new text end
new text begin (b) new text end A chemical use assessment must be conducted and an assessment report
submitted to the court and to the Department of Public Safety by the county agency
administering the alcohol safety program when:
(1) the defendant is convicted of an offense described in section 169A.20 (driving
while impaired), 169A.31 (alcohol-related school bus and Head Start bus driving), or
360.0752 (impaired aircraft operation); deleted text begin ordeleted text end
(2) the defendant is arrested for committing an offense described in clause (1) but is
convicted of another offense arising out of the circumstances surrounding the arrestnew text begin ; or
new text end
new text begin (3) the defendant is convicted of a violent crimenew text end .
Sec. 6.
Minnesota Statutes 2008, section 169A.70, subdivision 3, is amended to read:
Subd. 3.
Assessment report.
deleted text begin (a)deleted text end The assessmentnew text begin and assessmentnew text end report new text begin for this
section new text end must deleted text begin be on a form prescribed by the commissioner and shall contain an evaluation
of the convicted defendant concerning the defendant's prior traffic and criminal record,
characteristics and history of alcohol and chemical use problems, and amenability to
rehabilitation through the alcohol safety program. The report is classified as private data
on individuals as defined in section 13.02, subdivision 12.
deleted text end
deleted text begin
(b) The assessment report must include:
deleted text end
deleted text begin
(1) a diagnosis of the nature of the offender's chemical and alcohol involvement;
deleted text end
deleted text begin
(2) an assessment of the severity level of the involvement;
deleted text end
deleted text begin
(3) a recommended level of care for the offender in accordance with the criteria
contained in rules adopted by the commissioner of human services under section deleted text begin 254A.03,
subdivision 3deleted text end (chemical dependency treatment rules);
deleted text end
deleted text begin
(4) an assessment of the offender's placement needs;
deleted text end
deleted text begin
(5) recommendations for other appropriate remedial action or care, including
aftercare services in section deleted text begin 254B.01, subdivision 3deleted text end , that may consist of educational
programs, one-on-one counseling, a program or type of treatment that addresses mental
health concerns, or a combination of them; and
deleted text end
deleted text begin (6) a specific explanation why no level of care or action was recommended, if
applicabledeleted text end new text begin meet the requirements of section 254A.03 and rules adopted under the authority
granted in section 254A.10. Additionally, the assessment must include access to and
review of criminal records and most recent arrest reportsnew text end .
Sec. 7.
Minnesota Statutes 2008, section 169A.70, subdivision 7, is amended to read:
Subd. 7.
Preconviction assessment.
(a) The court may not accept a chemical use
assessment conducted before conviction as a substitute for the assessment required by this
section unless the court ensures that the preconviction assessment meets the standards
deleted text begin described in this sectiondeleted text end new text begin required under sections 254A.03 and 254A.10new text end .
(b) If the commissioner of public safety is making a decision regarding reinstating
a person's driver's license based on a chemical use assessment, the commissioner shall
ensure that the assessment meets the standards described in this section.
Sec. 8.
Minnesota Statutes 2008, section 169A.70, is amended by adding a subdivision
to read:
new text begin Subd. 8. new text end
new text begin Timing of assessment interview. new text end
new text begin
It is a strong preference that the
chemical use assessment interview with the offender be conducted while the offender is
being initially held in custody after arrest.
new text end
Sec. 9.
Minnesota Statutes 2008, section 169A.70, is amended by adding a subdivision
to read:
new text begin Subd. 9. new text end
new text begin Court's authority to require assessments in other instances. new text end
new text begin
A court
having jurisdiction over a person in a juvenile, criminal, or civil proceeding may order that
the person submit to a chemical use assessment under this section if the court has reason
to believe that the person may have a chemical dependency problem.
new text end
Sec. 10.
new text begin
[254A.25] CARE COORDINATION RELATED TO CHEMICAL USE
ASSESSMENTS.
new text end
new text begin
The commissioner shall establish a process to distribute grant funds to counties that
provide care coordination to individuals who receive chemical use assessments. For
counties receiving grants, the care coordination must be provided to individuals eligible
for a chemical use assessment under Minnesota Rules, parts 9530.6600 to 9530.6655, if
the chemical use assessment establishes the need for treatment, and a plan of care is
developed. The care coordinator must meet the requirements of Minnesota Rules, part
9530.6615, subpart 2. The care coordination may include, but is not limited to, discharge
planning from treatment and routine follow-up with the client, access to community
resources that address the needs identified in the chemical use assessment, monitoring
services and the functioning of the client, and monitoring the client's chemical use and
modifying the plan as necessary.
new text end
Sec. 11.
Minnesota Statutes 2008, section 254B.01, subdivision 2, is amended to read:
Subd. 2.
American Indian.
For purposes of services provided under deleted text begin section
254B.09, subdivision 7deleted text end new text begin this chapternew text end , "American Indian" means new text begin (1) new text end a person who is a
member of an Indian tribe, and the commissioner shall use the definitions of "Indian" and
"Indian tribe" and "Indian organization" provided in Public Law 93-638deleted text begin . For purposes of
services provided under section 254B.09, subdivision 4, "American Indian" meansdeleted text end new text begin , or (2)
new text end a resident of federally recognized tribal lands who is recognized as an Indian person by
the federally recognized tribal governing body.
Sec. 12.
Minnesota Statutes 2008, section 254B.02, subdivision 1, is amended to read:
Subdivision 1.
Chemical dependency treatment allocation.
The chemical
dependency funds appropriated for allocation shall be placed in a special revenue account.
The commissioner shall annually transfer funds from the chemical dependency fund
to pay for operation of the drug and alcohol abuse normative evaluation system and
to pay for all costs incurred by adding deleted text begin twodeleted text end new text begin threenew text end positions for licensing of chemical
dependency treatment and rehabilitation programs deleted text begin located in hospitals for which funds
are not otherwise appropriated. Six percent of the remaining money must be reserved
for tribal allocation under section 254B.09, subdivisions 4 and 5. The commissioner
shall annually divide the money available in the chemical dependency fund that is not
held in reserve by counties from a previous allocation, or allocated to the American
Indian chemical dependency tribal account. Six percent of the remaining money must be
reserved for the nonreservation American Indian chemical dependency allocation for
treatment of American Indians by eligible vendors under section 254B.05, subdivision
1. The remainder of the money must be allocated among the counties according to the
following formula, using state demographer data and other data sources determined by
the commissioner:deleted text end new text begin .
new text end
deleted text begin
(a) For purposes of this formula, American Indians and children under age 14 are
subtracted from the population of each county to determine the restricted population.
deleted text end
deleted text begin
(b) The amount of chemical dependency fund expenditures for entitled persons for
services not covered by prepaid plans governed by section 256B.69 in the previous year is
divided by the amount of chemical dependency fund expenditures for entitled persons for
all services to determine the proportion of exempt service expenditures for each county.
deleted text end
deleted text begin
(c) The prepaid plan months of eligibility is multiplied by the proportion of exempt
service expenditures to determine the adjusted prepaid plan months of eligibility for
each county.
deleted text end
deleted text begin
(d) The adjusted prepaid plan months of eligibility is added to the number of
restricted population fee for service months of eligibility for the Minnesota family
investment program, general assistance, and medical assistance and divided by the county
restricted population to determine county per capita months of covered service eligibility.
deleted text end
deleted text begin
(e) The number of adjusted prepaid plan months of eligibility for the state is added
to the number of fee for service months of eligibility for the Minnesota family investment
program, general assistance, and medical assistance for the state restricted population and
divided by the state restricted population to determine state per capita months of covered
service eligibility.
deleted text end
deleted text begin
(f) The county per capita months of covered service eligibility is divided by the
state per capita months of covered service eligibility to determine the county welfare
caseload factor.
deleted text end
deleted text begin
(g) The median married couple income for the most recent three-year period
available for the state is divided by the median married couple income for the same period
for each county to determine the income factor for each county.
deleted text end
deleted text begin
(h) The county restricted population is multiplied by the sum of the county welfare
caseload factor and the county income factor to determine the adjusted population.
deleted text end
deleted text begin
(i) $15,000 shall be allocated to each county.
deleted text end
deleted text begin
(j) The remaining funds shall be allocated proportional to the county adjusted
population.
deleted text end
Sec. 13.
Minnesota Statutes 2008, section 254B.04, subdivision 1, is amended to read:
Subdivision 1.
Eligibility.
(a) Persons eligible for benefits under Code of Federal
Regulations, title 25, part 20, persons deleted text begin eligible for medical assistance benefits under
sections 256B.055, 256B.056, and 256B.057, subdivisions 1, 2, 5, and 6, or who meet
the income standards of section 256B.056, subdivision 4, and persons eligible for general
assistance medical care under section 256D.03, subdivision 3,deleted text end new text begin whose income is at or
below 400 percent of the federal poverty guidelines who do not have insurance coverage
new text end are entitled to chemical dependency fund services. deleted text begin State money appropriated for this
paragraph must be placed in a separate account established for this purpose.deleted text end
Persons with dependent children who are determined to be in need of chemical
dependency treatment pursuant to an assessment under section 626.556, subdivision 10, or
a case plan under section 260C.201, subdivision 6, or 260C.212, shall be assisted by the
local agency to access needed treatment services. Treatment services must be appropriate
for the individual or family, which may include long-term care treatment or treatment in a
facility that allows the dependent children to stay in the treatment facility. The county
shall pay for out-of-home placement costs, if applicable.
(b) A person not entitled to services under paragraph (a)deleted text begin , but with family income
that is less than 215 percent of the federal poverty guidelines for the applicable family
size, shall be eligible to receive chemical dependency fund services within the limit
of funds appropriated for this group for the fiscal year. If notified by the state agency
of limited funds, a county must give preferential treatment to persons with dependent
children who are in need of chemical dependency treatment pursuant to an assessment
under section 626.556, subdivision 10, or a case plan under section 260C.201, subdivision
6, or 260C.212. A county may spend money from its own sources to serve persons under
this paragraph. State money appropriated for this paragraph must be placed in a separate
account established for this purpose.deleted text end
deleted text begin (c) Persons whose income is between 215 percent and 412 percent of the federal
poverty guidelines for the applicable family sizedeleted text end shall be eligible for chemical dependency
services on a sliding fee basisdeleted text begin , within the limit of funds appropriated for this group for the
fiscal yeardeleted text end . Persons eligible under this paragraph must contribute to the cost of services
according to the sliding fee scale established under subdivision 3. deleted text begin A county may spend
money from its own sources to provide services to persons under this paragraph. State
money appropriated for this paragraph must be placed in a separate account established
for this purpose.
deleted text end
Sec. 14.
Minnesota Statutes 2008, section 254B.04, subdivision 3, is amended to read:
Subd. 3.
Amount of contribution.
The commissioner shall adopt a sliding fee scale
to determine the amount of contribution to be required from persons under this section.
The commissioner may adopt rules to amend existing fee scales. The commissioner
may establish a separate fee scale for recipients of chemical dependency transitional and
extended care rehabilitation services that provides for the collection of fees for board
and lodging expenses. The fee schedule shall ensure that employed persons are allowed
the income disregards and savings accounts that are allowed residents of community
mental illness facilities under section 256D.06, subdivisions 1 and 1b. deleted text begin The fee scale
must not provide assistance to persons whose income is more than 115 percent of the
state median income.deleted text end Payments of liabilities under this section are medical expenses for
purposes of determining spenddown under sections 256B.055, 256B.056, 256B.06, and
256D.01 to 256D.21. The required amount of contribution established by the fee scale in
this subdivision is also the cost of care responsibility subject to collection under section
254B.06, subdivision 1.
Sec. 15.
Minnesota Statutes 2008, section 254B.06, subdivision 1, is amended to read:
Subdivision 1.
State collections.
The commissioner is responsible for all collections
from persons determined to be partially responsible for the cost of care of an eligible
person receiving services under deleted text begin Laws 1986, chapter 394, sections 8 to 20deleted text end new text begin this chapternew text end .
The commissioner may initiate, or request the attorney general to initiate, necessary civil
action to recover the unpaid cost of care. The commissioner may collect all third-party
payments for chemical dependency services provided under deleted text begin Laws 1986, chapter 394,
sections 8 to 20deleted text end new text begin this chapternew text end , including private insurance and federal Medicaid and
Medicare financial participation. The commissioner shall deposit in a dedicated account
a percentage of collections to pay for the cost of operating the chemical dependency
consolidated treatment fund invoice processing and vendor payment system, billing, and
collections. The remaining receipts must be deposited in the chemical dependency fund.
Sec. 16.
Minnesota Statutes 2008, section 297G.03, subdivision 1, is amended to read:
Subdivision 1.
General rate; distilled spirits and wine.
The following excise tax is
imposed on all distilled spirits and wine manufactured, imported, sold, or possessed in
this state:
| Standard |
Metric |
|||||
| (a) Distilled spirits, liqueurs, cordials, and specialties regardless of alcohol content (excluding ethyl alcohol) |
$ |
deleted text begin 5.03deleted text end new text begin 17.69new text end per gallon |
$ |
deleted text begin 1.33deleted text end new text begin 4.73new text end per liter |
||
| (b) Wine containing 14 percent or less alcohol by volume (except cider as defined in section 297G.01, subdivision 3a) |
$ |
deleted text begin .30deleted text end new text begin 2.40new text end per gallon |
$ |
.deleted text begin 08deleted text end new text begin 0.64new text end per liter |
||
| (c) Wine containing more than 14 percent but not more than 21 percent alcohol by volume |
$ |
deleted text begin .95deleted text end new text begin 3.01new text end per gallon |
$ |
deleted text begin .25deleted text end new text begin 0.81new text end per liter |
||
| (d) Wine containing more than 21 percent but not more than 24 percent alcohol by volume |
$ |
deleted text begin 1.82deleted text end new text begin 3.88new text end per gallon |
$ |
deleted text begin .48deleted text end new text begin 1.04new text end per liter |
||
| (e) Wine containing more than 24 percent alcohol by volume |
$ |
deleted text begin 3.52deleted text end new text begin 5.56new text end per gallon |
$ |
deleted text begin .93deleted text end new text begin 1.49new text end per liter |
||
| (f) Natural and artificial sparkling wines containing alcohol |
$ |
deleted text begin 1.82deleted text end new text begin 3.88new text end per gallon |
$ |
deleted text begin .48deleted text end new text begin 1.04 new text end per liter |
||
| (g) Cider as defined in section 297G.01, subdivision 3a |
$ |
deleted text begin .15deleted text end new text begin 2.25new text end per gallon |
$ |
deleted text begin .04deleted text end new text begin 0.60 new text end per liter |
||
| (h) Low alcohol dairy cocktails |
$ |
.08 per gallon |
$ |
.02 per liter |
In computing the tax on a package of distilled spirits or wine, a proportional tax at a
like rate on all fractional parts of a gallon or liter must be paid, except that the tax on a
fractional part of a gallon less than 1/16 of a gallon is the same as for 1/16 of a gallon.
Sec. 17.
Minnesota Statutes 2008, section 297G.03, subdivision 2, is amended to read:
Subd. 2.
Tax on miniatures; distilled spirits.
The tax on miniatures is deleted text begin 14deleted text end new text begin 24new text end
cents per bottle.
Sec. 18.
Minnesota Statutes 2008, section 297G.04, subdivision 1, is amended to read:
Subdivision 1.
Tax imposed.
The following excise tax is imposed on all fermented
malt beverages that are imported, directly or indirectly sold, or possessed in this state:
(1) on fermented malt beverages containing not more than 3.2 percent alcohol by
weight, deleted text begin $2.40deleted text end new text begin $35.32new text end per 31-gallon barrel; and
(2) on fermented malt beverages containing more than 3.2 percent alcohol by
weight, deleted text begin $4.60deleted text end new text begin $37.52new text end per 31-gallon barrel.
For fractions of a 31-gallon barrel, the tax rate is calculated proportionally.
Sec. 19.
Minnesota Statutes 2008, section 297G.04, subdivision 2, is amended to read:
Subd. 2.
Tax credit.
A qualified brewer producing fermented malt beverages is
entitled to a tax credit of deleted text begin $4.60deleted text end new text begin $37.52new text end per barrel on 25,000 barrels sold in any fiscal year
beginning July 1, regardless of the alcohol content of the product. Qualified brewers may
take the credit on the 18th day of each month, but the total credit allowed may not exceed
in any fiscal year the lesser of:
(1) the liability for tax; or
(2) $115,000.
For purposes of this subdivision, a "qualified brewer" means a brewer, whether
or not located in this state, manufacturing less than 100,000 barrels of fermented malt
beverages in the calendar year immediately preceding the calendar year for which the
credit under this subdivision is claimed. In determining the number of barrels, all brands
or labels of a brewer must be combined. All facilities for the manufacture of fermented
malt beverages owned or controlled by the same person, corporation, or other entity
must be treated as a single brewer.
Sec. 20.
new text begin
[373.50] REQUIREMENT TO PROVIDE CHEMICAL DEPENDENCY
TREATMENT.
new text end
new text begin
The state shall provide adequate funding for counties to provide comprehensive,
needs-specific chemical dependency treatment programs and services to individuals within
the county. The programs and services must be provided based on rule 25 (Minnesota
Rules, parts 9530.6600 through 9530.6655) placement criteria.
new text end
Sec. 21.
Minnesota Statutes 2008, section 609.115, subdivision 8, is amended to read:
Subd. 8.
Chemical use assessment required.
(a) If a person is convicted of a
felony, the probation officer shall determine in the report prepared under subdivision 1
whether or not alcohol or drug use was a contributing factor to the commission of the
offense. If so, the report shall contain the results of a chemical use assessment conducted
in accordance with this subdivision. The probation officer shall make an appointment for
the defendant to undergo the chemical use assessment if so indicated.new text begin If the person is
convicted of a violent crime as defined in section 609.133, subdivision 1, the provisions of
that section apply.
new text end
(b) The chemical use assessment report must include a recommended level of
care for the defendant in accordance with the criteria contained in rules adopted by the
commissioner of human services under section 254A.03, subdivision 3. The assessment
must be conducted by an assessor qualified under rules adopted by the commissioner of
human services under section 254A.03, subdivision 3. An assessor providing a chemical
use assessment may not have any direct or shared financial interest or referral relationship
resulting in shared financial gain with a treatment provider, except as authorized under
section 254A.19, subdivision 3. If an independent assessor is not available, the probation
officer may use the services of an assessor authorized to perform assessments for the
county social services agency under a variance granted under rules adopted by the
commissioner of human services under section 254A.03, subdivision 3.
new text begin
(c) A chemical use assessment and report conducted under this subdivision must
meet the standards described in section 169A.70.
new text end
Sec. 22.
new text begin
[609.133] CHEMICAL DEPENDENCY TREATMENT; ASSESSMENT
CHARGE.
new text end
new text begin Subdivision 1. new text end
new text begin Definition. new text end
new text begin
As used in this section, "violent crime" has the meaning
given in section 609.1095, subdivision 1. The term also includes violations of sections
609.2231, 609.224, and 609.2242.
new text end
new text begin Subd. 2. new text end
new text begin Assessment conducted. new text end
new text begin
The court shall ensure that a chemical use
assessment is conducted on a person convicted of a violent crime as required in section
169A.70, subdivision 2.
new text end
new text begin Subd. 3. new text end
new text begin Charge. new text end
new text begin
(a) When a court sentences a person convicted of a violent crime,
it shall impose a chemical dependency assessment charge of $125. The court may not
waive payment or authorize payment of the assessment charge in installments unless it
makes written findings on the record that the convicted person is indigent or that the
assessment charge would create undue hardship for the convicted person or that person's
immediate family.
new text end
new text begin
(b) The county shall collect and forward to the commissioner of finance $25 of
the chemical dependency assessment charge on a quarterly basis. The commissioner
shall credit the money to the general fund. The county shall collect and keep $100 of the
chemical dependency assessment charge.
new text end
new text begin
(c) The chemical dependency assessment charge required under this section is in
addition to the surcharge required by section 357.021, subdivision 6.
new text end
Sec. 23.
Minnesota Statutes 2008, section 609.135, is amended by adding a subdivision
to read:
new text begin Subd. 9. new text end
new text begin
Certain persons to receive mandatory chemical dependency treatment.
new text end
new text begin
If a court stays the imposition or execution of sentence for a person convicted of a violent
crime as defined in section 609.133, subdivision 1, as a condition of probation and in
addition to any other conditions imposed, the court shall order the person to submit to the
level of care recommended in the chemical use assessment described in section 169A.70,
unless there are compelling reasons to do otherwise.
new text end
Sec. 24. new text begin JUDICIAL TRAINING.
new text end
new text begin
The Supreme Court shall include in its judicial education program training relating
to a judge's powers and duties regarding chemical use assessments.
new text end
Sec. 25. new text begin REPEAT DUI OFFENDER PILOT PROGRAM.
new text end
new text begin
The commissioner of public safety shall establish a pilot program in up to three
counties for repeat driving while impaired offenders. The pilot program is an alternative
to incarceration or traditional chemical treatment, and must provide a highly structured
treatment program with 12 months of supervision following treatment. The probation
officer, treatment provider, chemical use assessor, and possibly police officers, must work
as partners in the recovery of the client. The pilot program must explore and use different
monitoring devices to monitor the client's chemical use.
new text end
Sec. 26. new text begin APPROPRIATIONS.
new text end
new text begin
(a) $....... for the fiscal year ending June 30, 2010, and $....... for the fiscal year
ending June 30, 2011, are appropriated from the general fund to the commissioner of
public safety. Of these amounts:
new text end
new text begin
(1) $....... the first year and $....... the second year are for grants to local units of
government to conduct compliance checks for on-sale and off-sale intoxicating liquor
license holders to determine whether the license holder is complying with Minnesota
Statutes, section 340A.503;
new text end
new text begin
(2) $....... the first year and $....... the second year are for grants to prevent domestic
violence and to provide services to victims of domestic violence; and
new text end
new text begin
(3) $....... for the biennium for the repeat DUI offender pilot program.
new text end
new text begin
(b) $....... for the fiscal year ending June 30, 2010, and $....... for the fiscal year
ending June 30, 2011, are appropriated from the general fund to the commissioner of
human services. Of these amounts:
new text end
new text begin
(1) $....... the first year and $....... the second year are for the purpose of fully funding
Minnesota Statutes, section 254B.04, subdivision 1. This appropriation must become part
of the base appropriation for this program;
new text end
new text begin
(2) $....... the first year and $....... the second year to fund the chemical dependency
treatment requirements under Minnesota Statutes, section 373.50;
new text end
new text begin
(3) $....... for the biennium for care coordination related to chemical use assessments
under Minnesota Statutes, section 254A.25; and
new text end
new text begin
(4) $....... for the biennium to be transferred to the Board of Behavioral Health
and Therapy under Minnesota Statutes, chapter 148C, to hire staff to conduct timely
licensing of counselors.
new text end
new text begin
(c) $....... for the fiscal year ending June 30, 2010, and $....... for the fiscal year
ending June 30, 2011, are appropriated from the general fund to the Chief Justice of the
Supreme Court. Of these amounts:
new text end
new text begin
(1) $....... the first year and $....... the second year are for the increased judicial
training described in section 24;
new text end
new text begin
(2) $....... the first year and $....... the second year to counties for drug courts; and
new text end
new text begin
(3) $....... the first year and $....... the second year are for grants to counties for court
services and correctional costs related to conducting chemical use assessments.
new text end
new text begin
(d) $....... for the fiscal year ending June 30, 2010, and $....... for the fiscal year
ending June 30, 2011, are appropriated from the general fund to the commissioner of
health. Of these amounts, $....... the first year and $....... the second year are for grants
to public health for education and prevention initiatives designed to eliminate underage
drinking.
new text end
Sec. 27. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2008, sections 254B.02, subdivisions 2, 3, and 4; 254B.03,
subdivision 4; and 254B.09, subdivisions 4, 5, and 7,
new text end
new text begin
are repealed.
new text end
Sec. 28. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 2 to 9 and 21 to 23 are effective August 1, 2009, and apply to crimes
committed on or after that date. Sections 16 to 19 are effective for taxes imposed after
June 30, 2009.
new text end