1.1 	A bill for an act
1.2 	relating to public safety; authorizing disbursement of minimum fines for 
1.3 	controlled substance offenses to juvenile substance abuse court programs;
1.4 	amending Minnesota Statutes 2008, section 609.101, subdivision 3.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2008, section 609.101, subdivision 3, is amended to read:
1.7 		Subd. 3. Controlled substance offenses; minimum fines. (a) Notwithstanding any 
1.8 	other law, when a court sentences a person convicted of a controlled substance crime 
1.9 	under sections 152.021 to 152.025 and 152.0262, it must impose a fine of not less than 
1.10 	30 percent of the maximum fine authorized by law nor more than the maximum fine 
1.11 	authorized by law. 
1.12 	(b) The minimum fine required by this subdivision is in addition to the surcharge or 
1.13 	assessment required by section 357.021, subdivision 6, and is in addition to any sentence 
1.14 	of imprisonment or restitution imposed or ordered by the court. 
1.15 	(c) The court shall collect the fine mandated by this subdivision and forward 70 
1.16 	percent of it to a local drug abuse prevention or intervention program existing or being 
1.17 	implemented in the county in which the crime was committed. The court shall forward the 
1.18 	remaining 30 percent to the commissioner of finance to be credited to the general fund. If 
1.19 	more than one drug abuse prevention or intervention program serves the county in which 
1.20 	the crime was committed, the court may designate on a case-by-case basis which program 
1.21 	will receive the fine proceeds, giving consideration to the community in which the crime 
1.22 	was committed, the funding needs of the program, the number of peace officers in each 
1.23 	community certified to teach the program, and the number of children served by the 
1.24 	program in each community. If no drug abuse prevention or intervention program serves 
2.1 	communities in that county, the court shall forward 100 percent of the fine proceeds to the 
2.2 	commissioner of finance to be credited to the general fund. 
2.3 	(d) The minimum fines required by this subdivision shall be collected as are other 
2.4 	fines. Fine proceeds received by a local drug abuse prevention or intervention program 
2.5 	must be used to support that program, and may be used for salaries of program staff or
2.6 	peace officers certified to teach the program. The ~~drug abuse resistance education~~ program 
2.7 	must report receipt and use of money generated under this subdivision ~~as prescribed by~~ 
2.8 	~~the Drug Abuse Resistance Education Advisory Council~~ to the state court administrator 
2.9 	by January 1 of each year. The state court administrator must make this information 
2.10 	available upon request. 
2.11 	(e) As used in this subdivision, "drug abuse prevention or intervention program" 
2.12 	and "program" include: 
2.13 	(1) the drug abuse resistance education program described in section 299A.33; ~~and~~
2.14 	(2) ~~any similar~~ a drug abuse education and prevention program that includes the 
2.15 	following components: 
2.16 	(i) instruction for students enrolled in kindergarten through grade six that is 
2.17 	designed to teach students to recognize and resist pressures to experiment with controlled 
2.18 	substances and alcohol; 
2.19 	(ii) provisions for parental involvement; 
2.20 	(iii) classroom instruction by uniformed law enforcement personnel; 
2.21 	(iv) the use of positive student leaders to influence younger students not to use 
2.22 	drugs; and 
2.23 	(v) an emphasis on activity-oriented techniques designed to encourage 
2.24 	student-generated responses to problem-solving situations~~.~~; and
2.25 	(3) a juvenile court program that:
2.26 	(i) provides intervention strategies to reduce drug abuse and criminal behavior 
2.27 	in juvenile offenders; and
2.28 	(ii) promotes local drug abuse prevention efforts within the community.

2.29 	EFFECTIVE DATE. This section is effective July 1, 2009.