Minnesota Session Laws - 1999, Regular Session

                            CHAPTER 111-H.F.No. 1125 
                  An act relating to crime prevention; authorizing local 
                  correctional agencies rather than courts to impose 
                  local correctional fees for offenders under the 
                  supervision and control of the local agency; requiring 
                  a report; amending Minnesota Statutes 1998, sections 
                  244.18, subdivisions 3, 4, and 5; and 609.102, 
                  subdivision 2; repealing Minnesota Statutes 1998, 
                  section 609.102, subdivisions 3 and 4. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 244.18, 
        subdivision 3, is amended to read: 
           Subd. 3.  [FEE COLLECTION.] The chief executive officer of 
        a local correctional agency may impose and collect local 
        correctional fees assessed under section 609.102.  The local 
        correctional agency may collect the fee at any time while the 
        offender is under sentence or after the sentence has been 
        discharged.  The agency may use any available civil means of 
        debt collection in collecting a local correctional fee. 
           Sec. 2.  Minnesota Statutes 1998, section 244.18, 
        subdivision 4, is amended to read: 
           Subd. 4.  [EXEMPTION FROM FEE.] The local correctional 
        agency shall waive payment of a local correctional fee if so 
        ordered by the court under section 609.102.  If the court fails 
        to waive the fee, The chief executive officer of the local 
        correctional agency may waive payment of the fee if the officer 
        determines that the offender does not have the ability to pay 
        the fee, the prospects for payment are poor, or there are 
        extenuating circumstances justifying waiver of the fee.  Instead 
        of waiving the fee, the local correctional agency may require 
        the offender to perform community work service as a means of 
        paying the fee.  
           Sec. 3.  Minnesota Statutes 1998, section 244.18, 
        subdivision 5, is amended to read: 
           Subd. 5.  [RESTITUTION PAYMENT PRIORITY.] If a defendant 
        has been ordered by a court to pay restitution and a local 
        correctional fee, the defendant shall be obligated to pay the 
        restitution ordered before paying the local correctional fee.  
        However, if the defendant is making reasonable payments to 
        satisfy the restitution obligation, the local correctional 
        agency may also collect a local correctional fee. 
           Sec. 4.  Minnesota Statutes 1998, section 609.102, 
        subdivision 2, is amended to read: 
           Subd. 2.  [IMPOSITION OF FEE.] When a court sentences a 
        person convicted of a crime, and places the person under the 
        supervision and control of a local correctional agency, the 
        court shall impose that agency may collect a local correctional 
        fee based on the local correctional agency's fee schedule 
        adopted under section 244.18. 
           Sec. 5.  [REPORT REQUIRED.] 
           (a) The chief executive officer of each local correctional 
        agency shall cooperate to develop a statewide uniform schedule 
        of local correctional fees.  The schedule must be reasonably 
        related to the ability of defendants to pay and the actual costs 
        of correctional services.  The schedule must include clear 
        standards that describe the circumstances justifying or 
        requiring waiver or reduction of the fee based upon a 
        defendant's ability to pay or other extenuating circumstances. 
           (b) By January 15, 2000, the chief executive officers shall 
        report to the chairs of the senate and house committees having 
        jurisdiction over criminal justice policy on their 
        recommendations. 
           Sec. 6.  [REPEALER.] 
           Minnesota Statutes 1998, section 609.102, subdivisions 3 
        and 4, are repealed. 
           Sec. 7.  [EFFECTIVE DATE.] 
           Sections 1 to 6 are effective August 1, 1999, and apply to 
        crimes committed on or after that date. 
           Presented to the governor April 26, 1999 
           Signed by the governor April 27, 1999, 11:28 a.m.