S.F. No. 958, Conference Committee Report - 87th Legislative Session (2011-2012)
Posted 05/16/11 10:42 PM [ccrsf0958]
1.1CONFERENCE COMMITTEE REPORT ON S.F. No. 958
1.3relating to public safety; acquiring an easement for the correctional facility in
1.4Faribault; appropriating money for the courts, public defenders, public safety,
1.5corrections, certain other criminal justice agencies, boards, and commissions;
1.6amending Minnesota Statutes 2010, section 297I.06, subdivision 3.
1.7May 16, 2011
1.8The Honorable Kurt Zellers
1.9Speaker of the House of Representatives
1.10The Honorable Michelle L. Fischbach
1.11President of the Senate
1.12We, the undersigned conferees for S. F. No. 958 report that we have agreed upon the
1.13items in dispute and recommend as follows:
1.14That the Senate recede from its amendments and that S. F. No. 958 be further
1.15amended as follows:
1.16Delete everything after the enacting clause and insert:
1.21in this article.
2.6agencies and for the purposes specified in this article. The appropriations are from the
2.7general fund, or another named fund, and are available for the fiscal years indicated
2.8for each purpose. The figures "2012" and "2013" used in this article mean that the
2.9appropriations listed under them are available for the fiscal year ending June 30, 2012, or
2.10June 30, 2013, respectively. "The first year" is fiscal year 2012. "The second year" is fiscal
2.11year 2013. "The biennium" is fiscal years 2012 and 2013. Appropriations for the fiscal
2.12year ending June 30, 2011, are effective the day following final enactment.
2.20purpose are specified in the following
2.24is for a contingent account for expenses
2.25necessary for the normal operation of the
2.26court for which no other reimbursement is
2.28(b) Employee Health Care. The chief justice
2.29of the Supreme Court is requested to study
2.30and report to the chairs and ranking minority
2.31members of the house of representatives and
2.32senate committees with jurisdiction over
2.33judiciary finance by January 15, 2012, on
2.34the advantages and disadvantages of having
3.1judicial branch officials and employees
3.2leave the state employee group insurance
3.3program and form their own group benefit
3.4plan, including the option of shifting to a
3.5plan based on high-deductible health savings
3.7(c) Judicial and Referee Vacancies.
3.8The Supreme Court shall not certify a
3.9judicial or referee vacancy under Minnesota
3.10Statutes, section 2.722, until it has examined
3.11alternative options, such as temporarily
3.12suspending certification of the vacant
3.13position or assigning a retired judge to
3.14temporarily fill the position.
3.17Clients in Family Law Matters. Of this
3.18appropriation, $877,000 each year is to
3.19improve the access of low-income clients to
3.20legal representation in family law matters.
3.21This appropriation must be distributed
3.22under Minnesota Statutes, section 480.242,
3.23to the qualified legal services programs
3.24described in Minnesota Statutes, section
3.25480.242, subdivision 2, paragraph (a). Any
3.26unencumbered balance remaining in the first
3.27year does not cancel and is available in the
3.29(b) Limits on Services. No portion of the
3.30funds appropriated may be used to represent
3.31or serve clients: (1) in federal civil or
3.32criminal matters outside the jurisdiction of
3.33the state courts or agencies; (2) in suing a
3.34state or federal entity; and (3) in advocating
4.1at the legislature for or against current or
4.2proposed policy and law.
4.7guardians to clients who are entitled by
4.8statute to representation prior to clients for
4.9whom the courts request guardians but who
4.10are not entitled to a guardian under statute.
4.13from the general fund to the tax court.
4.14Operating schedule. At least one tax court
4.15judge shall hold hearings and meetings or
4.16otherwise conduct regular business on all
4.17days that executive branch agencies are open
4.22investigative and hearing costs for major
4.23disciplinary actions undertaken by the
4.24board. This appropriation does not cancel.
4.25Any encumbered and unspent balances
4.26remain available for these expenditures in
4.27subsequent fiscal years.
5.13purpose are specified in the following
5.222011 is appropriated from the general fund
5.23to provide a match for Federal Emergency
5.24Management Agency (FEMA) disaster
5.25assistance to state agencies and political
5.26subdivisions under Minnesota Statutes,
5.27section 12.221, in the area designated
5.28under Presidential Declaration of Major
5.29Disaster, FEMA-1830-DR, for the flooding
5.30in Minnesota in the spring of 2009, whether
5.31included in the original declaration or added
5.32later by federal government action. This is a
5.33onetime appropriation. This appropriation is
5.34available until expended.
5.35(b) Hazmat and Chemical Assessment
5.36Teams. $604,000 each year is appropriated
6.1from the fire safety account in the special
6.2revenue fund. These amounts must be used
6.3to fund the hazardous materials and chemical
6.13Notwithstanding Minnesota Statutes, section
6.15is appropriated from the trunk highway fund
6.16for laboratory analysis related to driving
6.17while impaired cases.
6.20account in the special revenue fund and is for
6.21activities under Minnesota Statutes, section
6.23Of this amount, $5,757,000 each year is for
6.24activities under Minnesota Statutes, section
6.25299F.012, and $6,618,000 each year is for
6.26transfer to the general fund under Minnesota
6.27Statutes, section 297I.06, subdivision 3.
6.34enforcement account in the special revenue
6.35fund. Of this appropriation, $500,000 each
7.1year shall be transferred to the general fund.
7.2The transfer amount for fiscal year 2014 and
7.3fiscal year 2015 shall be $500,000 per year.
7.11commissioner may not reduce grants to youth
7.13(b) Administration Costs. Up to 2.5 percent
7.14of the grant money appropriated in this
7.15subdivision may be used to administer the
7.20government special revenue fund for 911
7.21emergency telecommunications services.
7.22(a) Public Safety Answering Points.
7.23$13,664,000 each year is to be distributed
7.24as provided in Minnesota Statutes, section
7.25403.113, subdivision 2.
7.26(b) Medical Resource Communication
7.27Centers. $683,000 each year is for grants
7.28to the Minnesota Emergency Medical
7.29Services Regulatory Board for the Metro
7.30East and Metro West Medical Resource
7.31Communication Centers that were in
7.32operation before January 1, 2000.
7.33(c) ARMER Debt Service. $23,261,000
7.34each year is to the commissioner of
7.35management and budget to pay debt service
8.1on revenue bonds issued under Minnesota
8.2Statutes, section 403.275.
8.3Any portion of this appropriation not needed
8.4to pay debt service in a fiscal year may be
8.5used by the commissioner of public safety to
8.6pay cash for any of the capital improvements
8.7for which bond proceeds were appropriated
8.8by Laws 2005, chapter 136, article 1, section
8.99, subdivision 8, or Laws 2007, chapter 54,
8.10article 1, section 10, subdivision 8.
8.11(d) Metropolitan Council Debt Service.
8.12$1,410,000 each year is to the commissioner
8.13of management and budget for payment to
8.14the Metropolitan Council for debt service
8.15on bonds issued under Minnesota Statutes,
8.17(e) ARMER State Backbone Operating
8.18Costs. $8,300,000 the first year and
8.19$8,650,000 the second year are to the
8.20commissioner of transportation for costs
8.21of maintaining and operating the statewide
8.22radio system backbone.
8.23(f) ARMER Improvements. $1,000,000
8.24each year is for the Statewide Radio Board
8.25for costs of design, construction, maintenance
8.26of, and improvements to those elements
8.27of the statewide public safety radio and
8.28communication system that support mutual
8.29aid communications and emergency medical
8.30services or provide enhancement of public
8.31safety communication interoperability.
8.32(g) Transfer. $2,600,000 each year is
8.33transferred to the general fund. This is a
9.4appropriation is from the peace officer
9.5training account in the special revenue fund.
9.6Any new receipts credited to that account in
9.7the first year in excess of $3,770,000 must be
9.8transferred and credited to the general fund.
9.9Any new receipts credited to that account in
9.10the second year in excess of $3,770,000 must
9.11be transferred and credited to the general
9.13(b) Peace Officer Training
9.14Reimbursements. $2,634,000 each
9.15year is for reimbursements to local
9.16governments for peace officer training costs.
9.20dedicate the department's appropriation
9.21under this section to enforcement measures.
9.30purpose are specified in the following
10.7be $325,653,000 in fiscal year 2014 and
10.8$328,433,000 in fiscal year 2015.
10.9(a) Position Reductions. The commissioner
10.10of corrections may not eliminate line officer
10.12(b) Correctional Study. In implementing
10.13this appropriation the commissioner of
10.14corrections shall consider studying the
10.16(1) adoption of an earned credit program for
10.17inmates in the state correctional facilities
10.18similar to the programs in 36 other states;
10.19(2) the federal immigration and customs
10.20enforcement rapid REPAT program and the
10.21potential for the state to participate in the
10.23(3) expanding the use of medical and other
10.24forms of early release;
10.25(4) the feasibility of closing a wing or an
10.26entire state facility or leasing vacant prison
10.27space to house inmates from other states;
10.28(5) reducing inmate medical costs; and
10.29(6) reforming the department's role in the
10.30juvenile justice system including closing
11.5implementing this appropriation the
11.6commissioner of corrections, in consultation
11.7with staff of the Sentencing Guidelines
11.8Commission and representatives from
11.9community corrections agencies, shall
11.10consider developing performance incentives
11.11for counties to reduce the number of
11.12probation revocations. The commissioner
11.13is encouraged to review policies in states
11.14that have implemented performance
11.15incentive programs. In implementing
11.16this appropriation the commissioner shall
11.18(1) the revocation rate differences between
11.20(2) granting earned compliance credits for
11.21offenders on probation;
11.22(3) recent innovations in probation services,
11.23such as the HOPE program and the
11.24Georgia model, to determine the feasibility
11.25of implementing similar programs in
11.27(4) limiting prison time for first time
11.28probation revocations; and
11.29(5) the impact of adopting one, unified
11.30probation and supervised release delivery
11.31system in the state.
12.6Statutes, section 241.27, the commissioner
12.7of management and budget shall transfer
12.8$600,000 the first year and $600,000 the
12.9second year from the Minnesota correctional
12.10industries revolving fund to the general fund.
12.11These are onetime transfers.
12.12(b) Various Special Revenue Accounts.
12.13Notwithstanding any law to the contrary,
12.14the commissioner of management and
12.15budget shall transfer $400,000 the first year
12.16and $400,000 the second year from the
12.17Department of Corrections' special revenue
12.18accounts to the general fund. These are
12.19onetime transfers. The commissioner of
12.20corrections shall adjust expenditures to stay
12.21within the remaining revenues.
12.23 Sec. 17. PROHIBITION ON USE OF APPROPRIATIONS
12.24 No portion of the appropriations in sections 3 to 10 and 16 may be used for the
12.25purchase of motor vehicles or out-of-state travel that is not directly connected with and
12.26necessary to carry out the core functions of the organizations funded in this article.
12.27 Sec. 18. CAPPING MILEAGE REIMBURSEMENT.
12.28For entities funded by an appropriation in sections 3 to 10 and 16, no official or
12.29employee may be reimbursed for mileage expenses at a rate that exceeds 51 cents per mile.
13.3 Section 1. Minnesota Statutes 2010, section 243.212, is amended to read:
13.4243.212 CO-PAYMENTS FOR HEALTH SERVICES.
13.5Any inmate of an adult correctional facility under the control of the commissioner
13.6of corrections shall incur co-payment obligations for health care services provided. The
13.7co-payment shall be at least $5 per visit to a health care provider. The co-payment will be
13.8paid from the inmate account of earnings and other funds, as provided in section
13.10of corrections for the delivery of health care services to inmates.
13.11 Sec. 2. Minnesota Statutes 2010, section 297I.06, subdivision 3, is amended to read:
13.12 Subd. 3. Fire safety account, annual transfers, allocation. A special account, to
13.13be known as the fire safety account, is created in the state treasury. The account consists
13.14of the proceeds under subdivisions 1 and 2.
13.16in fiscal year
13.17safety account in the special revenue fund to the general fund to offset the loss of revenue
13.18caused by the repeal of the one-half of one percent tax on fire insurance premiums.
13.19 Sec. 3. Minnesota Statutes 2010, section 363A.06, subdivision 1, is amended to read:
13.20 Subdivision 1. Formulation of policies. (a) The commissioner shall formulate
13.21policies to effectuate the purposes of this chapter and shall do the following:
13.22 (1) exercise leadership under the direction of the governor in the development of
13.23human rights policies and programs, and make recommendations to the governor and the
13.24legislature for their consideration and implementation;
13.29commissioner may deem necessary and prescribe their duties;
13.31the Department of Employment and Economic Development of the state when necessary
13.32to effectuate the purposes of this chapter;
13.34departments and agencies;
14.3discriminatory practices, and determine whether or not probable cause exists for hearing;
14.5production for examination of any books or papers relative to any matter under
14.6investigation or in question as the commissioner deems appropriate to carry out the
14.7purposes of this chapter;
14.9eliminate unfair discriminatory practices as being contrary to the public policy of the state;
14.16finance the activities of the department;
14.18commissioner's judgment aid in effectuating the purposes of the Department of Human
14.28provisions of this chapter, and to agencies and officers of governmental and private
14.31aid of the functions of the Department of Human Rights;
14.33that purpose in aid of carrying out duties and responsibilities; and
14.35regarding the investigation of violations of, and resolution of complaints regarding section
15.1conduct programs of formal and informal education designed to eliminate discrimination
15.2and further compliance with this chapter.
15.3 In performing these duties, the commissioner shall give priority to those duties in
15.4clauses (7), (8), and (9)
15.5 (b) All gifts, bequests, grants, or other payments, public and private, accepted under
15.6paragraph (a), clause
15.7special account. Money in the account is appropriated to the commissioner of human
15.8rights to help finance activities of the department.
15.9 Sec. 4. Minnesota Statutes 2010, section 363A.36, subdivision 1, is amended to read:
15.10 Subdivision 1. Scope of application. (a) For all contracts for goods and services in
15.12proposal for a contract or agreement from any business having more than
15.13employees within this state on a single working day during the previous 12 months, unless
15.14the commissioner is in receipt of the business' affirmative action plan for the employment
15.15of minority persons, women, and qualified disabled individuals. No department or agency
15.16of the state shall execute any such contract or agreement until the affirmative action plan
15.17has been approved by the commissioner. Receipt of a certificate of compliance issued by
15.18the commissioner shall signify that a firm or business has an affirmative action plan that
15.19has been approved by the commissioner. A certificate shall be valid for a period of
15.20five years. A municipality as defined in section
15.21money for any reason is encouraged to prepare and implement an affirmative action plan
15.22for the employment of minority persons, women, and the qualified disabled and submit the
15.23plan to the commissioner.
15.24 (b) This paragraph applies to a contract for goods or services in excess of
15.25$250,000 to be entered into between a department or agency of the state and a business
15.26that is not subject to paragraph (a), but that has more than
15.27a single working day during the previous 12 months in the state where the business has
15.28its primary place of business. A department or agency of the state may not execute a
15.29contract or agreement with a business covered by this paragraph unless the business has a
15.30certificate of compliance issued by the commissioner under paragraph (a) or the business
15.31certifies that it is in compliance with federal affirmative action requirements.
15.32 (c) This section does not apply to contracts entered into by the State Board of
15.33Investment for investment options under section
15.34 Sec. 5. Minnesota Statutes 2010, section 609.105, subdivision 1, is amended to read:
16.1 Subdivision 1. Sentence to
16.2sentence to imprisonment
16.3of imprisonment is for 60 days or less, the defendant shall be committed to the custody of
16.4the commissioner of corrections and must serve the remaining term of imprisonment at a
16.5workhouse, work farm, county jail, or other place authorized by law.
16.6 Sec. 6. Minnesota Statutes 2010, section 609.105, is amended by adding a subdivision
16.8 Subd. 1c. Sentence to more than 60 days. A felony sentence to imprisonment
16.9when the warrant of commitment has a remaining term of imprisonment for more than 60
16.10days shall commit the defendant to the custody of the commissioner of corrections.
16.11 Sec. 7. Minnesota Statutes 2010, section 609.105, is amended by adding a subdivision
16.13 Subd. 4. Definitions. (a) For the purposes of this section, the terms in this
16.14subdivision have the meanings given them.
16.15(b) "Remaining term of imprisonment" as applied to inmates whose crimes were
16.16committed before August 1, 1993, is the period of time for which an inmate is committed
16.17to the custody of the commissioner of corrections minus earned good time and jail credit,
16.19(c) "Remaining term of imprisonment" as applied to inmates whose crimes were
16.20committed on or after August 1, 1993, is the period of time equal to two-thirds of the
16.21inmate's executed sentence, minus jail credit, if any.
16.22 Sec. 8. Minnesota Statutes 2010, section 626.8458, subdivision 5, is amended to read:
16.23 Subd. 5. In-service training in police pursuits required. The chief law
16.24enforcement officer of every state and local law enforcement agency shall provide
16.25in-service training in emergency vehicle operations and in the conduct of police pursuits
16.26to every peace officer and part-time peace officer employed by the agency who the
16.27chief law enforcement officer determines may be involved in a police pursuit given the
16.28officer's responsibilities. The training shall comply with learning objectives developed
16.29and approved by the board and shall consist of at least eight hours of classroom and
16.30skills-based training every
16.31 Sec. 9. Minnesota Statutes 2010, section 641.15, subdivision 2, is amended to read:
17.1 Subd. 2. Medical aid. Except as provided in section
17.2shall pay the costs of medical services provided to prisoners pursuant to this section.
17.3The amount paid by the
17.4maximum allowed medical assistance payment rate for the service, as determined by
17.5the commissioner of human services.
17.6or medical insurance or health plan that has a contractual obligation with the provider or
17.7the prisoner, medical providers shall charge no higher than the rate negotiated between
17.8the county and the provider. In the absence of an agreement between the county and the
17.9provider, the provider may not charge
17.12maximum allowed medical assistance payment rate for the service, as determined by
17.13the commissioner of human services. The county is entitled to reimbursement from the
17.14prisoner for payment of medical bills to the extent that the prisoner to whom the medical
17.15aid was provided has the ability to pay the bills. The prisoner shall, at a minimum, incur
17.16co-payment obligations for health care services provided by a county correctional facility.
17.17The county board shall determine the co-payment amount. Notwithstanding any law to the
17.18contrary, the co-payment shall be deducted from any of the prisoner's funds held by the
17.19county, to the extent possible. If there is a disagreement between the county and a prisoner
17.20concerning the prisoner's ability to pay, the court with jurisdiction over the defendant shall
17.21determine the extent, if any, of the prisoner's ability to pay for the medical services. If
17.22a prisoner is covered by health or medical insurance or other health plan when medical
17.23services are provided, the medical provider shall bill that health or medical insurance or
17.24other plan. If the county providing the medical services for a prisoner that has coverage
17.25under health or medical insurance or other plan, that county has a right of subrogation to
17.26be reimbursed by the insurance carrier for all sums spent by it for medical services to the
17.27prisoner that are covered by the policy of insurance or health plan, in accordance with the
17.28benefits, limitations, exclusions, provider restrictions, and other provisions of the policy or
17.29health plan. The county may maintain an action to enforce this subrogation right. The
17.30county does not have a right of subrogation against the medical assistance program or the
17.31general assistance medical care program.
17.32 Sec. 10. FEDERAL SECURE COMMUNITIES INITIATIVE; DATA
17.34The state shall participate in the United States Department of Homeland Security's
17.35secure communities initiative. The commissioner of public safety shall enter into an
18.1agreement on behalf of the state with the United States Department of Homeland Security
18.2to implement this section. This agreement shall be legally binding on the state. Data on
18.3individuals collected, created, received, maintained, or disseminated by the commissioner
18.4of public safety for purposes of participation in the initiative are criminal history data
18.5under Minnesota Statutes, section 13.87.
18.6 Sec. 11. ACQUISITION OF EASEMENT; MINNESOTA CORRECTIONAL
18.7FACILITY IN FARIBAULT.
18.8Notwithstanding Minnesota Statutes, section 16B.31, subdivision 5, the
18.9commissioner of administration may acquire an easement for utility and access purposes to
18.10serve the Minnesota correctional facility in the city of Faribault by any of the acquisition
18.11methods permitted by that subdivision even in the absence of a specific appropriation to
18.12the commissioner to acquire the easement.
18.13 Sec. 12. REPEALER.
18.14Minnesota Statutes 2010, section 363A.36, subdivision 5, is repealed.
18.17 Section 1. Minnesota Statutes 2010, section 169.797, subdivision 4, is amended to read:
18.18 Subd. 4. Penalty. (a) A person who violates this section is guilty of a misdemeanor.
18.19A person is guilty of a gross misdemeanor who violates this section within ten years
18.20of the first of two prior convictions under this section, section
18.21ordinance in conformity with one of those sections. The operator of a vehicle who violates
18.22subdivision 3 and who causes or contributes to causing a vehicle accident that results in
18.23the death of any person or in substantial bodily harm to any person, as defined in section
18.25who is responsible for prosecuting misdemeanor violations of this section is responsible
18.26for prosecuting gross misdemeanor violations of this section. In addition to any sentence
18.27of imprisonment that the court may impose on a person convicted of violating this section,
18.28the court shall impose a fine of not less than $200 nor more than the maximum amount
18.29authorized by law. The court may allow community service in lieu of any fine imposed if
18.30the defendant is indigent.
18.31(b) A driver who is the owner of the vehicle may, no later than the date and time
18.32specified in the citation for the driver's first court appearance, produce proof of insurance
18.33stating that security had been provided for the vehicle that was being operated at the time
19.1of demand to the court administrator. The required proof of insurance may be sent by mail
19.2by the driver as long as it is received no later than the date and time specified in the
19.3citation for the driver's first court appearance. If a citation is issued, no person shall be
19.4convicted of violating this section if the court administrator receives the required proof of
19.5insurance no later than the date and time specified in the citation for the driver's first court
19.6appearance. If the charge is made other than by citation, no person shall be convicted of
19.7violating this section if the person presents the required proof of insurance at the person's
19.8first court appearance after the charge is made.
19.9(c) If the driver is not the owner of the vehicle, the driver shall, no later than the
19.10date and time specified in the citation for the driver's first court appearance, provide the
19.11district court administrator with proof of insurance or the name and address of the owner.
19.12Upon receipt of the name and address of the owner, the district court administrator shall
19.13communicate the information to the law enforcement agency.
19.14(d) If the driver is not the owner of the vehicle, the officer may send or provide a
19.15notice to the owner of the vehicle requiring the owner to produce proof of insurance for
19.16the vehicle that was being operated at the time of the demand. Notice by mail is presumed
19.17to be received five days after mailing and shall be sent to the owner's current address or the
19.18address listed on the owner's driver's license. Within ten days after receipt of the notice,
19.19the owner shall produce the required proof of insurance to the place stated in the notice
19.20received by the owner. The required proof of insurance may be sent by mail by the owner
19.21as long as it is received within ten days. Any owner who fails to produce proof of insurance
19.22within ten days of an officer's request under this subdivision is guilty of a misdemeanor.
19.23The peace officer may mail the citation to the owner's current address or address stated
19.24on the owner's driver's license. It is an affirmative defense to a charge against the owner
19.25that the driver used the owner's vehicle without consent, if insurance would not have been
19.26required in the absence of the unauthorized use by the driver. It is not a defense that a
19.27person failed to notify the Department of Public Safety of a change of name or address as
19.28required under section 171.11. The citation may be sent after the ten-day period.
19.30single course of conduct as permitted in section
19.32under this section shall be revoked for not more than 12 months. If the operator is also an
19.33owner of the vehicle, the registration of the vehicle shall also be revoked for not more
19.34than 12 months. Before reinstatement of a driver's license or registration, the operator
19.35shall file with the commissioner of public safety the written certificate of an insurance
20.1carrier authorized to do business in this state stating that security has been provided by the
20.2operator as required by section
20.4section on all forms for registration of vehicles required to maintain a plan of reparation
20.6 Sec. 2. Minnesota Statutes 2010, section 260C.331, subdivision 3, is amended to read:
20.7 Subd. 3. Court expenses. The following expenses are a charge upon the county
20.8in which proceedings are held upon certification of the judge of juvenile court or upon
20.9such other authorization provided by law:
20.10(1) the fees and mileage of witnesses, and the expenses and mileage of officers
20.11serving notices and subpoenas ordered by the court, as prescribed by law;
20.12(2) the expense of transporting a child to a place designated by a child-placing agency
20.13for the care of the child if the court transfers legal custody to a child-placing agency;
20.14(3) the expense of transporting a minor to a place designated by the court;
20.15(4) reasonable compensation for an attorney appointed by the court to serve as
20.17The State Guardian Ad Litem Board shall pay for guardian ad litem expenses
20.18and reasonable compensation for an attorney to serve as counsel for a guardian ad
20.19litem, if necessary. In no event may the court order that guardian ad litem expenses or
20.20compensation for an attorney serving as counsel for a guardian ad litem be charged to
20.22 Sec. 3. Minnesota Statutes 2010, section 357.021, subdivision 6, is amended to read:
20.23 Subd. 6. Surcharges on criminal and traffic offenders. (a) Except as provided
20.24in this paragraph, the court shall impose and the court administrator shall collect a $75
20.25surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or
20.26petty misdemeanor offense, other than a violation of a law or ordinance relating to vehicle
20.27parking, for which there shall be a $12 surcharge. When a defendant is convicted of more
20.28than one offense in a case, the surcharge shall be imposed only once in that case. In the
20.29Second Judicial District, the court shall impose, and the court administrator shall collect,
20.30an additional $1 surcharge on every person convicted of any felony, gross misdemeanor,
20.31misdemeanor, or petty misdemeanor offense, including a violation of a law or ordinance
20.32relating to vehicle parking, if the Ramsey County Board of Commissioners authorizes the
20.33$1 surcharge. The surcharge shall be imposed whether or not the person is sentenced to
21.1imprisonment or the sentence is stayed. The surcharge shall not be imposed when a person
21.2is convicted of a petty misdemeanor for which no fine is imposed.
21.3 (b) If the court fails to impose a surcharge as required by this subdivision, the court
21.4administrator shall show the imposition of the surcharge, collect the surcharge, and
21.5correct the record.
21.6 (c) The court may not waive payment of the surcharge required under this
21.7subdivision. Upon a showing of indigency or undue hardship upon the convicted person
21.8or the convicted person's immediate family, the sentencing court may authorize payment
21.9of the surcharge in installments.
21.10 (d) The court administrator or other entity collecting a surcharge shall forward it to
21.11the commissioner of management and budget.
21.12 (e) If the convicted person is sentenced to imprisonment and has not paid the
21.13surcharge before the term of imprisonment begins, the chief executive officer of the
21.14correctional facility in which the convicted person is incarcerated shall collect the
21.15surcharge from any earnings the inmate accrues from work performed in the facility
21.16or while on conditional release. The chief executive officer shall forward the amount
21.17collected to the court administrator or other entity collecting the surcharge imposed by
21.19(f) A person who
21.20a diversion program, continuance without prosecution, continuance for dismissal, or
21.21stay of adjudication for a violation of chapter 169 must pay the surcharge described in
21.22this subdivision. A surcharge imposed under this paragraph shall be imposed only once
21.24(g) The surcharge does not apply to administrative citations issued pursuant to
21.26 Sec. 4. Minnesota Statutes 2010, section 563.01, subdivision 3, is amended to read:
21.27 Subd. 3. Authorization of forma pauperis. (a) Any court of the state of Minnesota
21.28or any political subdivision thereof may authorize the commencement or defense of any
21.29civil action, or appeal therein, without prepayment of fees, costs and security for costs by
21.30a natural person who makes affidavit stating (a) the nature of the action, defense or appeal,
21.31(b) a belief that affiant is entitled to redress, and (c) that affiant is financially unable to
21.32pay the fees, costs and security for costs.
21.33(b) Upon a finding by the court that the action is not of a frivolous nature, the court
21.34shall allow the person to proceed in forma pauperis if the affidavit is substantially in the
21.35language required by this subdivision and is not found by the court to be untrue. Persons
22.1meeting the requirements of this subdivision include, but are not limited to, a person who
22.2is receiving public assistance, who is represented by an attorney on behalf of a civil legal
22.3services program or a volunteer attorney program based on indigency, or who has an
22.4annual income not greater than 125 percent of the poverty line established under United
22.5States Code, title 42, section 9902(2), except as otherwise provided by section
22.6(c) If, at or following commencement of the action, the party is or becomes able to
22.7pay all or a portion of the fees, costs, and security for costs, the court may order payment
22.8of a fee of $75 or reimbursement or partial payment of all or a portion of the fees, costs,
22.9and security for costs, to be paid as directed by the court.
22.10The court administrator shall transmit any fees or payments to the commissioner of
22.11management and budget for deposit in the state treasury and credit to the general fund.
22.14 Section 1. Minnesota Statutes 2010, section 260B.007, subdivision 6, is amended to
22.16 Subd. 6. Delinquent child. (a) Except as otherwise provided in
22.17paragraphs (b) and (c), "delinquent child" means a child:
22.18(1) who has violated any state or local law, except as provided in section
22.20(2) who has violated a federal law or a law of another state and whose case has been
22.21referred to the juvenile court if the violation would be an act of delinquency if committed
22.22in this state or a crime or offense if committed by an adult;
22.23(3) who has escaped from confinement to a state juvenile correctional facility after
22.24being committed to the custody of the commissioner of corrections; or
22.25(4) who has escaped from confinement to a local juvenile correctional facility after
22.26being committed to the facility by the court.
22.27(b) The term delinquent child does not include a child alleged to have committed
22.28murder in the first degree after becoming 16 years of age, but the term delinquent child
22.29does include a child alleged to have committed attempted murder in the first degree.
22.30(c) The term delinquent child does not include a child under the age of 16 years
22.31alleged to have engaged in conduct which would, if committed by an adult, violate any
22.32federal, state, or local law relating to being hired, offering to be hired, or agreeing to be
22.33hired by another individual to engage in sexual penetration or sexual conduct.
22.34EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
22.35offenses committed on or after that date.
23.1 Sec. 2. Minnesota Statutes 2010, section 260B.007, subdivision 16, is amended to read:
23.2 Subd. 16. Juvenile petty offender; juvenile petty offense. (a) "Juvenile petty
23.3offense" includes a juvenile alcohol offense, a juvenile controlled substance offense,
23.4a violation of section
23.5prohibits conduct by a child under the age of 18 years which would be lawful conduct if
23.6committed by an adult.
23.7(b) Except as otherwise provided in paragraph (c), "juvenile petty offense" also
23.8includes an offense that would be a misdemeanor if committed by an adult.
23.9(c) "Juvenile petty offense" does not include any of the following:
23.10(1) a misdemeanor-level violation of section
23.12(2) a major traffic offense or an adult court traffic offense, as described in section
23.14(3) a misdemeanor-level offense committed by a child whom the juvenile court
23.15previously has found to have committed a misdemeanor, gross misdemeanor, or felony
23.17(4) a misdemeanor-level offense committed by a child whom the juvenile court
23.18has found to have committed a misdemeanor-level juvenile petty offense on two or
23.19more prior occasions, unless the county attorney designates the child on the petition
23.20as a juvenile petty offender notwithstanding this prior record. As used in this clause,
23.21"misdemeanor-level juvenile petty offense" includes a misdemeanor-level offense that
23.22would have been a juvenile petty offense if it had been committed on or after July 1, 1995.
23.23(d) A child who commits a juvenile petty offense is a "juvenile petty offender." The
23.24term juvenile petty offender does not include a child under the age of 16 years alleged
23.25to have violated any law relating to being hired, offering to be hired, or agreeing to be
23.26hired by another individual to engage in sexual penetration or sexual conduct which, if
23.27committed by an adult, would be a misdemeanor.
23.28EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
23.29offenses committed on or after that date.
23.30 Sec. 3. Minnesota Statutes 2010, section 260C.007, subdivision 6, is amended to read:
23.31 Subd. 6. Child in need of protection or services. "Child in need of protection or
23.32services" means a child who is in need of protection or services because the child:
23.33 (1) is abandoned or without parent, guardian, or custodian;
23.34 (2)(i) has been a victim of physical or sexual abuse as defined in section
23.35subdivision 2, (ii) resides with or has resided with a victim of child abuse as defined in
24.1subdivision 5 or domestic child abuse as defined in subdivision 13, (iii) resides with or
24.2would reside with a perpetrator of domestic child abuse as defined in subdivision 13 or
24.3child abuse as defined in subdivision 5 or 13, or (iv) is a victim of emotional maltreatment
24.4as defined in subdivision 15;
24.5 (3) is without necessary food, clothing, shelter, education, or other required care
24.6for the child's physical or mental health or morals because the child's parent, guardian,
24.7or custodian is unable or unwilling to provide that care;
24.8 (4) is without the special care made necessary by a physical, mental, or emotional
24.9condition because the child's parent, guardian, or custodian is unable or unwilling to
24.10provide that care;
24.11 (5) is medically neglected, which includes, but is not limited to, the withholding of
24.12medically indicated treatment from a disabled infant with a life-threatening condition. The
24.13term "withholding of medically indicated treatment" means the failure to respond to the
24.14infant's life-threatening conditions by providing treatment, including appropriate nutrition,
24.15hydration, and medication which, in the treating physician's or physicians' reasonable
24.16medical judgment, will be most likely to be effective in ameliorating or correcting all
24.17conditions, except that the term does not include the failure to provide treatment other
24.18than appropriate nutrition, hydration, or medication to an infant when, in the treating
24.19physician's or physicians' reasonable medical judgment:
24.20 (i) the infant is chronically and irreversibly comatose;
24.21 (ii) the provision of the treatment would merely prolong dying, not be effective in
24.22ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be
24.23futile in terms of the survival of the infant; or
24.24 (iii) the provision of the treatment would be virtually futile in terms of the survival
24.25of the infant and the treatment itself under the circumstances would be inhumane;
24.26 (6) is one whose parent, guardian, or other custodian for good cause desires to be
24.27relieved of the child's care and custody, including a child who entered foster care under a
24.28voluntary placement agreement between the parent and the responsible social services
24.29agency under section
24.30 (7) has been placed for adoption or care in violation of law;
24.31 (8) is without proper parental care because of the emotional, mental, or physical
24.32disability, or state of immaturity of the child's parent, guardian, or other custodian;
24.33 (9) is one whose behavior, condition, or environment is such as to be injurious or
24.34dangerous to the child or others. An injurious or dangerous environment may include, but
24.35is not limited to, the exposure of a child to criminal activity in the child's home;
25.1 (10) is experiencing growth delays, which may be referred to as failure to thrive, that
25.2have been diagnosed by a physician and are due to parental neglect;
25.3 (11) has engaged in prostitution as defined in section
25.4 (12) has committed a delinquent act or a juvenile petty offense before becoming
25.5ten years old;
25.6 (13) is a runaway;
25.7 (14) is a habitual truant;
25.8 (15) has been found incompetent to proceed or has been found not guilty by reason
25.9of mental illness or mental deficiency in connection with a delinquency proceeding, a
25.10certification under section
25.11proceeding involving a juvenile petty offense;
25.12(16) has a parent whose parental rights to one or more other children were
25.13involuntarily terminated or whose custodial rights to another child have been involuntarily
25.14transferred to a relative and there is a case plan prepared by the responsible social services
25.15agency documenting a compelling reason why filing the termination of parental rights
25.16petition under section
25.17(17) is a sexually exploited youth.
25.18EFFECTIVE DATE.This section is effective August 1, 2011.
25.19 Sec. 4. Minnesota Statutes 2010, section 260C.007, subdivision 11, is amended to read:
25.20 Subd. 11. Delinquent child. "Delinquent child"
25.26section 260B.007, subdivision 6.
25.27EFFECTIVE DATE.This section is effective August 1, 2011.
25.28 Sec. 5. Minnesota Statutes 2010, section 260C.007, is amended by adding a
25.29subdivision to read:
25.30 Subd. 31. Sexually exploited youth. "Sexually exploited youth" means an
25.32(1) is alleged to have engaged in conduct which would, if committed by an adult,
25.33violate any federal, state, or local law relating to being hired, offering to be hired, or
26.1agreeing to be hired by another individual to engage in sexual penetration or sexual
26.3(2) is a victim of a crime described in section 609.342, 609.343, 609.345, 609.3451,
26.4609.3453, 609.352, 617.246, or 617.247;
26.5(3) is a victim of a crime described in United States Code, title 18, section 2260;
26.62421; 2422; 2423; 2425; 2425A; or 2256; or
26.7(4) is a sex trafficking victim as defined in section 609.321, subdivision 7b.
26.8EFFECTIVE DATE.This section is effective August 1, 2011.
26.9 Sec. 6. [609.093] JUVENILE PROSTITUTES; DIVERSION OR CHILD
26.11 Subdivision 1. First-time prostitution offense; applicability; procedure. (a) This
26.12section applies to a 16 or 17 year old child alleged to have engaged in prostitution as
26.13defined in section 609.321, subdivision 9, who:
26.14(1) has not been previously adjudicated delinquent for engaging in prostitution as
26.15defined in section 609.321, subdivision 9;
26.16(2) has not previously participated in or completed a diversion program for engaging
26.17in prostitution as defined in section 609.321, subdivision 9;
26.18(3) has not previously been placed on probation without an adjudication or received
26.19a continuance under section 260B.198, subdivision 7, for engaging in prostitution as
26.20defined in section 609.321, subdivision 9;
26.21(4) has not previously been found to be a child in need of protection or services for
26.22engaging in prostitution as defined in section 609.321, subdivision 9, or because the child is
26.23a sexually exploited youth as defined in section 260C.007, subdivision 31, clause (1); and
26.24(5) agrees to successfully complete a diversion program under section 388.24 or
26.25fully comply with a disposition order under section 260C.201.
26.26(b) The prosecutor shall refer a child described in paragraph (a) to a diversion
26.27program under section 388.24 or file a petition under section 260C.141 alleging the child
26.28to be in need of protection or services.
26.29 Subd. 2. Failure to comply. If a child fails to successfully complete diversion or
26.30fails to fully comply with a disposition order under section 260C.201, the child may be
26.31referred back to the court for further proceedings under chapter 260B.
26.32 Subd. 3. Dismissal of charge. The court shall dismiss the charge against the child if
26.33any of the following apply:
26.34(1) the prosecutor referred the child to diversion program and the prosecutor notifies
26.35the court that the child successfully completed the program;
27.1(2) the prosecutor filed a petition under section 260C.141 and the court does not find
27.2that the child is in need of protection or services; or
27.3(3) the prosecutor filed a petition under section 260C.141, the court entered an order
27.4under section 260C.201, and the child fully complied with the order.
27.5EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
27.6offenses committed on or after that date.
27.7 Sec. 7. Minnesota Statutes 2010, section 609.3241, is amended to read:
27.8609.3241 PENALTY ASSESSMENT AUTHORIZED.
27.9(a) When a court sentences an adult convicted of violating section
27.11not less than
27.13the court shall impose an assessment of not less than
27.16(c) and is in addition to the surcharge required by section
27.24(b) The court may not waive payment of the minimum assessment required by
27.25this section. If the defendant qualifies for the services of a public defender or the court
27.26finds on the record that the convicted person is indigent or that immediate payment of
27.27the assessment would create undue hardship for the convicted person or that person's
27.28immediate family, the court may reduce the amount of the minimum assessment to not
27.29less than $100. The court also may authorize payment of the assessment in installments.
27.30(c) The assessment collected under paragraph (a) must be distributed as follows:
27.31(1) 40 percent of the assessment shall be forwarded to the political subdivision that
27.32employs the arresting officer for use in enforcement, training, and education activities
27.33related to combating sexual exploitation of youth, or if the arresting officer is an employee
28.1of the state, this portion shall be forwarded to the commissioner of public safety for those
28.2purposes identified in clause (3);
28.3(2) 20 percent of the assessment shall be forwarded to the prosecuting agency that
28.4handled the case for use in training and education activities relating to combating sexual
28.5exploitation activities of youth; and
28.6(3) 40 percent of the assessment must be forwarded to the commissioner of public
28.7safety to be deposited in the safe harbor for youth account in the special revenue fund
28.8and are appropriated to the commissioner for distribution to crime victims services
28.9organizations that provide services to sexually exploited youth, as defined in section
28.10260C.007, subdivision 31.
28.11(d) A safe harbor for youth account is established as a special account in the state
28.13EFFECTIVE DATE.This section is effective August 1, 2011.
28.14 Sec. 8. Minnesota Statutes 2010, section 626.558, subdivision 2a, is amended to read:
28.15 Subd. 2a.
28.16multidisciplinary child protection team may assist the local welfare agency, local law
28.17enforcement agency, or an appropriate private organization in developing a program of
28.18outreach services for
28.19including homeless, runaway, and truant youth who are at risk of sexual exploitation.
28.20For the purposes of this subdivision, at least one representative of a youth intervention
28.21program or, where this type of program is unavailable, one representative of a nonprofit
28.22agency serving youth in crisis, shall be appointed to and serve on the multidisciplinary
28.23child protection team in addition to the standing members of the team. These services may
28.24include counseling, medical care, short-term shelter, alternative living arrangements, and
28.27subdivision may not be conditioned upon the juvenile providing any evidence or testimony.
28.28EFFECTIVE DATE.This section is effective August 1, 2011.
28.29 Sec. 9. SAFE HARBOR FOR SEX TRAFFICKED YOUTH; SEXUALLY
28.30EXPLOITED YOUTH; STATEWIDE VICTIM SERVICES MODEL.
28.31(a) If sufficient funding from outside sources is donated, the commissioner of public
28.32safety shall develop a statewide model as provided in this section. By June 30, 2012, the
28.33commissioner of public safety, in consultation with the commissioners of health and
29.1human services, shall develop a victim services model to address the needs of sexually
29.2exploited youth and youth at risk of sexual exploitation. The commissioner shall take into
29.3consideration the findings and recommendations as reported to the legislature on the
29.4results of the safe harbor for sexually exploited youth pilot project authorized by Laws
29.52006, chapter 282, article 13, section 4, paragraph (b). In addition, the commissioner
29.6shall seek recommendations from prosecutors, public safety officials, public health
29.7professionals, child protection workers, and service providers.
29.8(b) By January 15, 2013, the commissioner of public safety shall report to the chairs
29.9and ranking minority members of the senate and house of representatives divisions having
29.10jurisdiction over health and human services and criminal justice funding and policy on the
29.11development of the statewide model, including recommendations for additional legislation
29.12or funding for services for sexually exploited youth or youth at risk of sexual exploitation.
29.13(c) As used in this section, "sexually exploited youth" has the meaning given in
29.14section 260C.007, subdivision 31.
29.15EFFECTIVE DATE.This section is effective August 1, 2011.
29.18 Section 1. Minnesota Statutes 2010, section 609.321, subdivision 4, is amended to read:
29.19 Subd. 4. Patron. "Patron" means an individual who
29.20engages in prostitution by hiring, offering to hire, or agreeing to hire another individual to
29.21engage in sexual penetration or sexual contact.
29.22EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
29.23committed on or after that date.
29.24 Sec. 2. Minnesota Statutes 2010, section 609.321, subdivision 8, is amended to read:
29.25 Subd. 8. Prostitute. "Prostitute" means an individual who engages in prostitution
29.26by being hired, offering to be hired, or agreeing to be hired by another individual to
29.27engage in sexual penetration or sexual contact.
29.28EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
29.29committed on or after that date.
29.30 Sec. 3. Minnesota Statutes 2010, section 609.321, subdivision 9, is amended to read:
29.31 Subd. 9. Prostitution. "Prostitution" means
30.1sexual penetration or sexual contact, or being hired, offering to be hired, or agreeing to be
30.2hired by another individual to engage in sexual penetration or sexual contact.
30.3EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
30.4committed on or after that date.
30.5 Sec. 4. Minnesota Statutes 2010, section 609.324, subdivision 2, is amended to read:
30.6 Subd. 2. Prostitution in public place; penalty for patrons. Whoever, while acting
30.7as a patron, intentionally does any of the following while in a public place is guilty of a
30.9(1) engages in prostitution with an individual 18 years of age or older; or
30.11engage in sexual penetration or sexual contact.
30.12Except as otherwise provided in subdivision 4, a person who is convicted of violating this
30.14of at least $1,500.
30.15EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
30.16committed on or after that date.
30.17 Sec. 5. Minnesota Statutes 2010, section 609.324, subdivision 3, is amended to read:
30.18 Subd. 3. General prostitution crimes; penalties for patrons. (a) Whoever, while
30.19acting as a patron, intentionally does any of the following is guilty of a misdemeanor:
30.20(1) engages in prostitution with an individual 18 years of age or
30.22older to engage in sexual penetration or sexual contact. Except as otherwise provided in
30.23subdivision 4, a person who is convicted of violating this paragraph
30.25(b) Whoever violates the provisions of this subdivision within two years of a
30.26previous prostitution conviction for violating this section or section
30.27of a gross misdemeanor. Except as otherwise provided in subdivision 4, a person who
30.28is convicted of violating this paragraph
30.29be sentenced as follows:
30.30(1) to pay a fine of at least $1,500; and
30.31(2) to serve 20 hours of community work service.
31.1The court may waive the mandatory community work service if it makes specific,
31.2written findings that the community work service is not feasible or appropriate under the
31.3circumstances of the case.
31.4EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
31.5committed on or after that date.
31.6 Sec. 6. Minnesota Statutes 2010, section 609.324, is amended by adding a subdivision
31.8 Subd. 6. Prostitution in public place; penalty for prostitutes. Whoever, while
31.9acting as a prostitute, intentionally does any of the following while in a public place is
31.10guilty of a gross misdemeanor:
31.11(1) engages in prostitution with an individual 18 years of age or older; or
31.12(2) is hired, offers to be hired, or agrees to be hired by an individual 18 years of age
31.13or older to engage in sexual penetration or sexual contact.
31.14EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
31.15committed on or after that date.
31.16 Sec. 7. Minnesota Statutes 2010, section 609.324, is amended by adding a subdivision
31.18 Subd. 7. General prostitution crimes; penalties for prostitutes. (a) Whoever,
31.19while acting as a prostitute, intentionally does any of the following is guilty of a
31.21(1) engages in prostitution with an individual 18 years of age or older; or
31.22(2) is hired, offers to be hired, or agrees to be hired by an individual 18 years of age
31.23or older to engage in sexual penetration or sexual contact.
31.24(b) Whoever violates the provisions of this subdivision within two years of a
31.25previous prostitution conviction for violating this section or section 609.322 is guilty
31.26of a gross misdemeanor.
31.27EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
31.28committed on or after that date."
31.29Delete the title and insert:
31.31relating to public safety; modifying certain provisions relating to public safety,
31.32human rights, courts and sentencing, sexually exploited youth, and prostitution
31.33crimes; requesting studies; requesting reports; providing for penalties;
31.34appropriating money for public safety, corrections, human rights, courts, civil
31.35legal services, Guardian Ad Litem Board, Uniform Laws Commission, Board
32.1on Judicial Standards, and sentencing guidelines;amending Minnesota Statutes
32.22010, sections 169.797, subdivision 4; 243.212; 260B.007, subdivisions 6, 16;
32.3260C.007, subdivisions 6, 11, by adding a subdivision; 260C.331, subdivision
32.43; 297I.06, subdivision 3; 357.021, subdivision 6; 363A.06, subdivision 1;
32.5363A.36, subdivision 1; 563.01, subdivision 3; 609.105, subdivision 1, by
32.6adding subdivisions; 609.321, subdivisions 4, 8, 9; 609.324, subdivisions 2, 3, by
32.7adding subdivisions; 609.3241; 626.558, subdivision 2a; 626.8458, subdivision
32.85; 641.15, subdivision 2; proposing coding for new law in Minnesota Statutes,
32.9chapter 609; repealing Minnesota Statutes 2010, section 363A.36, subdivision 5."