Minnesota Session Laws - 2001, Regular Session

                             CHAPTER 71-H.F.No. 865 
                  An act relating to criminal justice; providing for 
                  community service in lieu of criminal fines in certain 
                  instances; making technical corrections; amending 
                  Minnesota Statutes 2000, section 609.101, subdivisions 
                  2, 3, 4, 5. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 609.101, 
        subdivision 2, is amended to read: 
           Subd. 2.  [MINIMUM FINES.] Notwithstanding any other law, 
        when a court sentences a person convicted of violating section 
        609.221, 609.222, 609.223, 609.2231, 609.224, 609.2242, 609.267, 
        609.2671, 609.2672, 609.342, 609.343, 609.344, or 609.345, it 
        must impose a fine of not less than 30 percent of the maximum 
        fine authorized by law nor more than the maximum fine authorized 
        by law.  
           The court shall collect the portion of the fine mandated by 
        this subdivision and forward 70 percent of it to a local victim 
        assistance program that provides services locally in the county 
        in which the crime was committed.  The court shall forward the 
        remaining 30 percent to the commissioner of finance to be 
        credited to the general fund.  If more than one victim 
        assistance program serves the county in which the crime was 
        committed, the court may designate on a case-by-case basis which 
        program will receive the fine proceeds, giving consideration to 
        the nature of the crime committed, the types of victims served 
        by the program, and the funding needs of the program.  If no 
        victim assistance program serves that county, the court shall 
        forward 100 percent of the fine proceeds to the commissioner of 
        finance to be credited to the general fund.  Fine proceeds 
        received by a local victim assistance program must be used to 
        provide direct services to crime victims.  
           The minimum fine required by this subdivision is in 
        addition to the surcharge or assessment required by subdivision 
        1 section 357.021, subdivision 6, and is in addition to any 
        sentence of imprisonment or restitution imposed or ordered by 
        the court. 
           As used in this subdivision, "victim assistance program" 
        means victim witness programs within county attorney offices or 
        any of the following programs:  crime victim crisis centers, 
        victim-witness programs, battered women shelters and nonshelter 
        programs, and sexual assault programs. 
           Sec. 2.  Minnesota Statutes 2000, section 609.101, 
        subdivision 3, is amended to read: 
           Subd. 3.  [CONTROLLED SUBSTANCE OFFENSES; MINIMUM FINES.] 
        (a) Notwithstanding any other law, when a court sentences a 
        person convicted of a controlled substance crime under sections 
        152.021 to 152.025, it must impose a fine of not less than 30 
        percent of the maximum fine authorized by law nor more than the 
        maximum fine authorized by law. 
           (b) The minimum fine required by this subdivision is in 
        addition to the surcharge or assessment required by subdivision 
        1 section 357.021, subdivision 6, and is in addition to any 
        sentence of imprisonment or restitution imposed or ordered by 
        the court. 
           (c) The court shall collect the fine mandated by this 
        subdivision and forward 70 percent of it to a local drug abuse 
        prevention program existing or being implemented in the county 
        in which the crime was committed.  The court shall forward the 
        remaining 30 percent to the state treasurer to be credited to 
        the general fund.  If more than one drug abuse prevention 
        program serves the county in which the crime was committed, the 
        court may designate on a case-by-case basis which program will 
        receive the fine proceeds, giving consideration to the community 
        in which the crime was committed, the funding needs of the 
        program, the number of peace officers in each community 
        certified to teach the program, and the number of children 
        served by the program in each community.  If no drug abuse 
        prevention program serves communities in that county, the court 
        shall forward 100 percent of the fine proceeds to the state 
        treasurer to be credited to the general fund.  
           (d) The minimum fines required by this subdivision shall be 
        collected as are other fines.  Fine proceeds received by a local 
        drug abuse prevention program must be used to support that 
        program, and may be used for salaries of peace officers 
        certified to teach the program.  The drug abuse resistance 
        education program must report receipt and use of money generated 
        under this subdivision as prescribed by the drug abuse 
        resistance education advisory council. 
           (e) As used in this subdivision, "drug abuse prevention 
        program" and "program" include: 
           (1) the drug abuse resistance education program described 
        in sections 299A.33 and 299A.331; and 
           (2) any similar drug abuse education and prevention program 
        that includes the following components: 
           (A) instruction for students enrolled in kindergarten 
        through grade six that is designed to teach students to 
        recognize and resist pressures to experiment with controlled 
        substances and alcohol; 
           (B) provisions for parental involvement; 
           (C) classroom instruction by uniformed law enforcement 
        personnel; 
           (D) the use of positive student leaders to influence 
        younger students not to use drugs; and 
           (E) an emphasis on activity-oriented techniques designed to 
        encourage student-generated responses to problem-solving 
        situations. 
           Sec. 3.  Minnesota Statutes 2000, section 609.101, 
        subdivision 4, is amended to read: 
           Subd. 4.  [MINIMUM FINES; OTHER CRIMES.] Notwithstanding 
        any other law: 
           (1) when a court sentences a person convicted of a felony 
        that is not listed in subdivision 2 or 3, it must impose a fine 
        of not less than 30 percent of the maximum fine authorized by 
        law nor more than the maximum fine authorized by law; and 
           (2) when a court sentences a person convicted of a gross 
        misdemeanor or misdemeanor that is not listed in subdivision 2, 
        it must impose a fine of not less than 30 percent of the maximum 
        fine authorized by law nor more than the maximum fine authorized 
        by law, unless the fine is set at a lower amount on a uniform 
        fine schedule established by the conference of chief judges in 
        consultation with affected state and local agencies.  This 
        schedule shall be promulgated not later than January 1 of each 
        year and shall become effective on August 1 of that year unless 
        the legislature, by law, provides otherwise. 
           The minimum fine required by this subdivision is in 
        addition to the surcharge or assessment required by subdivision 
        1 section 357.021, subdivision 6, and is in addition to any 
        sentence of imprisonment or restitution imposed or ordered by 
        the court. 
           The court shall collect the fines mandated in this 
        subdivision and, except for fines for traffic and motor vehicle 
        violations governed by section 169.871 and section 299D.03 and 
        fish and game violations governed by section 97A.065, forward 20 
        percent of the revenues to the state treasurer for deposit in 
        the general fund. 
           Sec. 4.  Minnesota Statutes 2000, section 609.101, 
        subdivision 5, is amended to read: 
           Subd. 5.  [WAIVER PROHIBITED; REDUCTION AND INSTALLMENT 
        PAYMENTS.] (a) The court may not waive payment of the minimum 
        fine required by this section.  
           (b) If the defendant qualifies for the services of a public 
        defender or the court finds on the record that the convicted 
        person is indigent or that immediate payment of the fine would 
        create undue hardship for the convicted person or that person's 
        immediate family, the court may reduce the amount of the minimum 
        fine to not less than $50.  Additionally, the court may permit 
        the defendant to perform community work service in lieu of a 
        fine. 
           (c) The court also may authorize payment of the fine in 
        installments. 
           Sec. 5.  [EFFECTIVE DATE.] 
           Sections 1 to 4 are effective August 1, 2001, and apply to 
        crimes committed on or after that date. 
           Presented to the governor May 2, 2001 
           Signed by the governor May 4, 2001, 10:42 a.m.