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2006 Minnesota Statutes

This is a historical version of this statute section. Also view the most recent published version.

609.101 SURCHARGE ON FINES, ASSESSMENTS; MINIMUM FINES.
    Subdivision 1.[Repealed, 1998 c 367 art 8 s 26]
    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 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.
    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 and 152.0262, 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 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 commissioner
of finance 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 commissioner of finance
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.
    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 Judicial Council in consultation with
affected state and local agencies. This schedule shall be promulgated not later than September
1 of each year and shall become effective on January 1 of the next 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 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 commissioner
of finance for deposit in the general fund.
    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.
History: 1981 c 360 art 2 s 50; 1983 c 262 art 1 s 6; 1Sp1985 c 13 s 366; 1986 c 442 s 15;
1986 c 444; 1986 c 463 s 2; 1Sp1986 c 1 art 8 s 15; 1987 c 244 s 1; 1987 c 404 s 189; 1989 c 264
s 2; 1989 c 335 art 4 s 99; 1991 c 279 s 24,41; 1991 c 345 art 1 s 106; 1992 c 571 art 4 s 2,3;
1993 c 192 s 105; 1993 c 326 art 4 s 14; art 12 s 8-12,18; art 13 s 20-22; 1995 c 226 art 2 s 8-10;
1996 c 305 art 1 s 119; 1997 c 7 art 2 s 61; 1997 c 239 art 3 s 4; 1998 c 367 art 8 s 10; 2001 c 71
s 1-4; 2003 c 112 art 2 s 50; 1Sp2003 c 2 art 2 s 6; 2005 c 136 art 7 s 21; 2006 c 260 art 5 s 50

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