SF 1798

as introduced - 89th Legislature (2015 - 2016) Posted on 03/17/2015 09:21am

A bill for an act
relating to public safety; requiring reimbursement from a local government to a
person for the cost of electronic alcohol monitoring when there is no conviction
for an alcohol impaired-related offense; amending Minnesota Statutes 2014,
sections 169A.44; 169A.73, subdivision 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 169A.44, is amended to read:

169A.44 CONDITIONAL RELEASE.

Subdivision 1.

Nonfelony violations.

(a) This subdivision applies to a person
charged with a nonfelony violation of section 169A.20 (driving while impaired) under
circumstances described in section 169A.40, subdivision 3 (certain DWI offenders;
custodial arrest).

(b) Unless maximum bail is imposed under section 629.471, a person described in
paragraph (a) may be released from detention only if the person agrees to:

(1) abstain from alcohol; and

(2) submit to a program of electronic alcohol monitoring, involving at least daily
measurements of the person's alcohol concentration, pending resolution of the charge.

Clause (2) applies only when electronic alcohol-monitoring equipment is available to
the court. The court shall require partial or total reimbursement from the person for the cost
of the electronic alcohol-monitoring, to the extent the person is able to pay. new text begin If the person is
not convicted of a violation listed in paragraph (a), the local government where the arrest
occurred shall reimburse the person for the cost of the electronic alcohol monitoring.
new text end

Subd. 2.

Felony violations.

(a) A person charged with violating section 169A.20
within ten years of the first of three or more qualified prior impaired driving incidents may
be released from detention only if the following conditions are imposed:

(1) the conditions described in subdivision 1, paragraph (b), if applicable;

(2) the impoundment of the registration plates of the vehicle used to commit the
violation, unless already impounded;

(3) if the vehicle used to commit the violation was an off-road recreational vehicle
or a motorboat, the impoundment of the off-road recreational vehicle or motorboat;

(4) a requirement that the person report weekly to a probation agent;

(5) a requirement that the person abstain from consumption of alcohol and controlled
substances and submit to random alcohol tests or urine analyses at least weekly;

(6) a requirement that, if convicted, the person reimburse the court or county for the
total cost of these services; and

(7) any other conditions of release ordered by the court.

(b) In addition to setting forth conditions of release under paragraph (a), if required
by court rule, the court shall also fix the amount of money bail without other conditions
upon which the defendant may obtain release.

new text begin (c) If the person is not convicted of violating section 169A.20, the local government
where the arrest occurred shall reimburse the person for any cost of electronic alcohol
monitoring, if applicable.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to
electronic alcohol monitoring administered on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2014, section 169A.73, subdivision 3, is amended to read:

Subd. 3.

Cost of program.

new text begin (a) new text end Offenders who are ordered to participate in the
program shall also be ordered to pay the per diem cost of the monitoring unless the
offender is indigent. The commissioner of corrections shall reimburse the judicial districts
in a manner proportional to their use of remote electronic alcohol monitoring for any costs
the districts incur in participating in the program.

new text begin (b) If a person is required to abstain from alcohol use as a condition of pretrial
release, uses electronic alcohol monitoring, and is not convicted of an impaired driving
offense, the local government where the arrest occurred shall reimburse the person for any
cost of the electronic alcohol monitoring.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to
electronic alcohol monitoring administered on or after that date.
new text end