Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 315-S.F.No. 1472 
           An act relating to traffic regulations; requiring 
          certain persons convicted of DWI or a DWI-related 
          offense and certain juveniles adjudicated for a DWI 
          offense to undergo chemical use assessment; requiring 
          courts to order chemical use treatment for habitual 
          DWI offenders in accordance with the assessment 
          recommendation; imposing a chemical dependency 
          assessment charge on persons convicted of DWI or a 
          DWI-related offense, and juveniles adjudicated for a 
          DWI offense for the purpose of financing these 
          chemical use assessments; appropriating money; 
          amending Minnesota Statutes 1986, sections 169.121, 
          subdivision 5, and by adding subdivisions; 169.124; 
          169.125; 169.126, subdivisions 1, 2, 3, 4, 6, and by 
          adding subdivisions; and 260.193, subdivision 8; 
          repealing Minnesota Statutes 1986, section 169.126, 
          subdivision 5. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 169.121, is 
amended by adding a subdivision to read: 
    Subd. 3b.  [HABITUAL OFFENDERS; CHEMICAL USE TREATMENT.] If 
a person has been convicted under this section, section 169.129, 
an ordinance in conformity with either of them, or a statute or 
ordinance from another state in conformity with either of them, 
and if the person is then convicted of violating this section, 
section 169.129, or an ordinance in conformity with either of 
them (1) once within five years of the first conviction or (2) 
two or more times within ten years after the first conviction, 
the court must order the person to submit to the level of care 
recommended in the chemical use assessment required under 
section 169.126. 
     Sec. 2.  Minnesota Statutes 1986, section 169.121, 
subdivision 5, is amended to read: 
    Subd. 5.  Except as otherwise provided in section 1, when a 
court sentences a person convicted of violating this section, 
section 169.129, or an ordinance in conformity with either of 
them, the court may stay imposition or execution of any sentence 
authorized by subdivision 3 or 4, except the revocation of the 
driver's license, on the condition that the convicted person 
submit to treatment by a public or private institution or a 
facility providing rehabilitation for chemical dependency 
licensed by the department of human services the level of care 
recommended in the chemical use assessment report required under 
section 169.126.  If the court does not order a level of care in 
accordance with the assessment report recommendation as a 
condition of a stay of imposition or execution, it shall state 
on the record its reasons for not following the assessment 
report recommendation.  A stay of imposition or execution shall 
be in the manner provided in section 609.135.  The court shall 
report to the commissioner of public safety any stay of 
imposition or execution of sentence granted under the provisions 
of this section. 
    Sec. 3.  Minnesota Statutes 1986, section 169.121, is 
amended by adding a subdivision to read: 
    Subd. 5a.  [CHEMICAL DEPENDENCY ASSESSMENT CHARGE.] When a 
court sentences a person convicted of an offense enumerated in 
section 169.126, subdivision 1, it shall impose a chemical 
dependency assessment charge of $75.  This section applies when 
the sentence is executed, stayed, or suspended.  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. 
    The court shall collect and forward to the commissioner of 
finance the total amount of the chemical dependency assessment 
charge and the commissioner shall credit the money to the 
drinking and driving repeat offense prevention account created 
in section 10. 
    The chemical dependency assessment charge required under 
this section is in addition to the surcharge required by section 
609.101. 
    Sec. 4.  Minnesota Statutes 1986, section 169.124, is 
amended to read:  
    169.124 [ALCOHOL SAFETY PROGRAM.] 
    Subdivision 1.  [COUNTY BOARD.] The county board of every 
county having a population of more than 10,000 shall and the 
county board of every county having a population of less than 
10,000 may establish an alcohol safety program designed to 
provide alcohol problem screening and chemical use assessment 
and evaluation of persons convicted of one of the offenses an 
offense enumerated in section 169.126, subdivision 1. 
    Subd. 2.  [PRELIMINARY SCREENING.] The A preliminary 
alcohol problem assessment screening shall be conducted, under 
the direction of the court and, by such persons or agencies as 
the court deems qualified to provide the alcohol 
problem assessment screening and assessment screening report as 
described in section 169.126.  The alcohol problem assessment 
screening may be conducted by court services probation officers 
having with the required knowledge and skills in the assessment 
screening of alcohol problems, by alcoholism counselors, by 
persons conducting court sponsored driver improvement clinics if 
in the judgment of the court such persons they have the required 
knowledge and skills in the assessment of alcohol problems, by 
appropriate staff members of public or private alcohol treatment 
programs and agencies or mental health clinics, by court 
approved volunteer workers such as members of alcoholics 
anonymous, or by such other qualified persons as approved by the 
court may direct.  The commissioner of public safety shall 
provide the courts with information and assistance in 
establishing alcohol problem assessment screening programs 
suited to the needs of the area served by each court.  The 
commissioner shall consult with the alcohol and other drug abuse 
section in the department of human services and with local 
community mental health boards in providing such this 
information and assistance to the courts.  The commissioner of 
public safety shall promulgate rules and standards, consistent 
with this subdivision, for reimbursement under the provisions of 
subdivision 3.  The promulgation adoption of such rules and 
standards shall is not be subject to chapter 14. 
    Subd. 3.  [COST.] The cost of alcohol problem assessment 
screening outlined in this section shall be borne by the 
county.  Upon application by the county to the commissioner of 
public safety, the commissioner shall reimburse the county up to 
50 percent of the cost of each alcohol problem assessment 
screening not to exceed $25 in each case.  Payments shall be 
made annually and prorated if insufficient funds are 
appropriated. 
    Sec. 5.  Minnesota Statutes 1986, section 169.125, is 
amended to read:  
    169.125 [COUNTY COOPERATION.] 
    County boards may enter into an agreement to establish a 
regional alcohol problem assessment alcohol safety program.  
County boards may contract with other counties and agencies for 
alcohol problem screening and chemical use assessment services. 
    Sec. 6.  Minnesota Statutes 1986, section 169.126, 
subdivision 1, is amended to read:  
    Subdivision 1.  [SCREENING REQUIREMENT.] An alcohol problem 
assessment screening shall be conducted in counties of more than 
10,000 population and an assessment a screening report submitted 
to the court by the county agency administering the alcohol 
safety counseling program when: 
    (a) The defendant is convicted of an offense described in 
section 169.121 or 169.129; or 
    (b) The defendant is arrested for committing an offense 
described in section 169.121 or 169.129, is not convicted 
therefor, but is convicted of another offense arising out of the 
circumstances surrounding such the arrest. 
    Sec. 7.  Minnesota Statutes 1986, section 169.126, 
subdivision 2, is amended to read: 
    Subd. 2.  [EVALUATION REPORT.] The assessment screening 
report shall contain an evaluation of the convicted defendant 
concerning the defendant's prior traffic record, characteristics 
and history of alcohol problems, and amenability to 
rehabilitation through the alcohol safety program.  
The assessment screening report shall include a recommendation 
as to a treatment or rehabilitation program for the defendant.  
The assessment screening report shall be classified as private 
data on individuals as defined in section 13.02, subdivision 12. 
    Sec. 8.  Minnesota Statutes 1986, section 169.126, 
subdivision 3, is amended to read: 
    Subd. 3.  [REPORT PREPARATION.] The assessment screening 
report required by this section shall be prepared by a person 
knowledgeable in diagnosis of chemical dependency. 
    Sec. 9.  Minnesota Statutes 1986, section 169.126, 
subdivision 4, is amended to read: 
    Subd. 4.  [CHEMICAL USE ASSESSMENT.] The court shall give 
due consideration to the agency's assessment report (a) Except 
as otherwise provided in paragraph (d), when an alcohol problem 
screening shows that the defendant has an identifiable chemical 
use problem, the court shall require the defendant to undergo a 
comprehensive chemical use assessment 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 for the court may not have 
any direct or shared financial interest or referral relationship 
resulting in shared financial gain with a treatment provider.  
If an independent assessor is not available, the court 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.  An appointment for the 
defendant to undergo the chemical use assessment shall be made 
by the court, a court services probation officer, or the court 
administrator as soon as possible but in no case more than one 
week after the defendant's court appearance.  The comprehensive 
chemical use assessment must be completed no later than two 
weeks after the appointment date. 
    (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.  
    (c) The state shall reimburse the county for the entire 
cost of each chemical use assessment and report at a rate 
established by the department of human services up to a maximum 
of $100 in each case.  The county may not be reimbursed for the 
cost of any chemical use assessment or report not completed 
within the time limit provided in this subdivision.  
Reimbursement to the county must be made from the special 
account established in section 10. 
    (d) If the preliminary alcohol problem screening is 
conducted by an assessor qualified under rules adopted by the 
commissioner of human services under section 254A.03, 
subdivision 3, consists of a comprehensive chemical use 
assessment of the defendant, and complies with the chemical use 
assessment report requirements of paragraph (b), it is a 
chemical use assessment for the purposes of this section and the 
court may not require the defendant to undergo a second chemical 
use assessment under paragraph (a).  The state shall reimburse 
counties for the cost of alcohol problem screenings that qualify 
as chemical use assessments under this paragraph in the manner 
provided in paragraph (c) in lieu of the reimbursement 
provisions of section 169.124, subdivision 3. 
    Sec. 10.  Minnesota Statutes 1986, section 169.126, is 
amended by adding a subdivision to read: 
    Subd. 4a.  [DRINKING AND DRIVING REPEAT OFFENSE PREVENTION 
ACCOUNT.] A special account is established in the state treasury 
known as the drinking and driving repeat offense prevention 
account.  Money credited to the account is appropriated 
continuously to the commissioner of public safety and shall be 
spent by the commissioner to reimburse counties for the entire 
cost of each chemical use assessment and report completed within 
the time limit provided under subdivision 4, up to a maximum of 
$100 in each case. 
    Sec. 11.  Minnesota Statutes 1986, section 169.126, is 
amended by adding a subdivision to read: 
    Subd. 4b.  [EVALUATION.] The commissioner of public safety 
shall, with the assistance of the department of human services 
and the state planning agency, monitor and evaluate the 
implementation and effects of the alcohol safety programs 
required in sections 169.124 to 169.126 and shall submit a 
written report to the legislature by January 1, 1989, containing 
the commissioner's findings and recommendations. 
    Sec. 12.  Minnesota Statutes 1986, section 169.126, 
subdivision 6, is amended to read: 
    Subd. 6.  [APPLICABILITY.] This section shall not apply to 
persons who are not residents of the state of Minnesota at the 
time of the offense and at the time of the alcohol 
problem assessment screening. 
    Sec. 13.  Minnesota Statutes 1986, section 260.193, 
subdivision 8, is amended to read:  
    Subd. 8.  If the juvenile court finds that the child is a 
juvenile major highway or water traffic offender, it may make 
any one or more of the following dispositions of the case: 
    (a) Reprimand the child and counsel with the child and the 
parents; 
    (b) Continue the case for a reasonable period under such 
conditions governing the child's use and operation of any motor 
vehicles or boat as the court may set; 
    (c) Require the child to attend a driver improvement school 
if one is available within the county; 
    (d) Recommend to the department of public safety suspension 
of the child's driver's license as provided in section 171.16; 
    (e) If the child is found to have committed two moving 
highway traffic violations or to have contributed to a highway 
accident involving death, injury, or physical damage in excess 
of $100, the court may recommend to the commissioner of public 
safety or to the licensing authority of another state the 
cancellation of the child's license until the child reaches the 
age of 18 years, and the commissioner of public safety is hereby 
authorized to cancel the license without hearing.  At any time 
before the termination of the period of cancellation, the court 
may, for good cause, recommend to the commissioner of public 
safety, or to the licensing authority of another state, that the 
child's license be returned, and the commissioner of public 
safety is authorized to return the license; 
    (f) Place the child under the supervision of a probation 
officer in the child's own home under conditions prescribed by 
the court including reasonable rules relating to operation and 
use of motor vehicles or boats directed to the correction of the 
child's driving habits; 
    (g) Require the child to pay a fine of up to $700.  The 
court shall order payment of the fine in accordance with a time 
payment schedule which shall not impose an undue financial 
hardship on the child; 
    (h) If the court finds that the child committed an offense 
described in section 169.121, the court shall order that an 
alcohol problem screening be conducted and a screening report 
submitted to the court in the manner prescribed in section 
169.126.  Except as otherwise provided in section 169.126, 
subdivision 4, paragraph (d), if the alcohol problem screening 
shows that the child has an identifiable chemical use problem, 
the court shall require the child to undergo a comprehensive 
chemical use assessment in accordance with section 169.126, 
subdivision 4.  If the chemical use assessment recommends a 
level of care for the child, the court may require that level of 
care in its disposition order.  In addition, the court may 
require any child ordered to undergo a chemical use assessment 
to pay a chemical dependency assessment charge of $75.  The 
court shall forward the assessment charge to the commissioner of 
finance to be credited to the special account created in section 
10.  The state shall reimburse counties for the total cost of 
the chemical use assessment in the manner provided in section 
169.126, subdivision 4. 
    Sec. 14.  [REPEALER.] 
    Minnesota Statutes 1986, section 169.126, subdivision 5, is 
repealed. 
    Approved May 28, 1987