1998 Minnesota Statutes

     244.18 Local correctional fees; imposition on offenders. 

    Subdivision 1.    Definition.  As used in this section, 
 "local correctional fees" include fees for the following 
 correctional services:  

    (1) community service work placement and supervision; 

    (2) restitution collection; 

    (3) supervision; 

    (4) court ordered investigations; or 

    (5) any other court ordered service to be provided by a 
 local probation and parole agency established under section 
 244.19 or community corrections agency established under chapter 
 401. 

    Subd. 2.    Local correctional fees.  A local 
 correctional agency may establish a schedule of local 
 correctional fees to charge persons convicted of a crime and 
 under the supervision and control of the local correctional 
 agency to defray costs associated with correctional services.  
 The local correctional fees on the schedule must be reasonably 
 related to defendants' abilities to pay and the actual cost of 
 correctional services. 

    Subd. 3.    Fee collection.  The chief executive officer 
 of a local correctional agency may 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. 

    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.  

    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.

    Subd. 6.    Use of fees.  The local correctional fees 
 shall be used by the local correctional agency to pay the costs 
 of local correctional services.  Local correctional fees may not 
 be used to supplant existing local funding for local 
 correctional services.  

    HIST: 1992 c 571 art 11 s 9; 1997 c 239 art 9 s 51