Bill Text: MN HF440 | 2011-2012 | 87th Legislature | Engrossed

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Bill Title: Omnibus judiciary finance bill.

Sponsorship: Partisan Bill (Republican 2)

Status: (Introduced - Dead) 2011-03-31 - Author added Cornish [HF440 Detail]

Download: Minnesota-2011-HF440-Engrossed.html

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A bill for an act

relating to judiciary; modifying certain provisions relating to courts and
sentencing, public defenders, sexually exploited youth, and prostitution crimes;
providing for a statewide victim services model for sexually exploited youth
or youth at risk of sexual exploitation; requiring reports; requiring a study;
appropriating money for the courts, civil legal services, Guardian Ad Litem
Board, Uniform Laws Commission, Board On Judicial Standards, Board of
Public Defense, and sentencing guidelines;amending Minnesota Statutes
2010, sections 169.79, subdivision 6; 169.797, subdivision 4; 260B.007,
subdivisions 6, 16; 260C.007, subdivisions 6, 11, by adding a subdivision;
260C.331, subdivision 3; 357.021, subdivision 6; 563.01, subdivision 3; 609.131,
subdivision 1; 609.321, subdivisions 4, 8, 9; 609.324, subdivisions 2, 3, by
adding subdivisions; 609.3241; 611.16; 611.17; 611.18; 611.20, subdivisions
3, 4; 611.27, subdivisions 1, 5; 626.558, subdivision 2a; repealing Minnesota
Statutes 2010, sections 260B.141, subdivision 5; 260C.141, subdivision 6;
611.20, subdivision 6.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

APPROPRIATIONS

Section 1. SUMMARY OF APPROPRIATIONS.

The amounts shown in this section summarize direct appropriations, by fund, made
in this article.

			2012		2013		Total
	General	$	363,303,000	$	365,345,000	$	728,648,000
	Special Revenue	$	-0-	$	-0-	$	-0-
	Total	$	363,303,000	$	365,345,000	$	728,648,000

Sec. 2. APPROPRIATIONS.

The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this article. The appropriations are from the
general fund, or another named fund, and are available for the fiscal years indicated
for each purpose. The figures "2012" and "2013" used in this article mean that the
appropriation listed under them is available for the fiscal year ending June 30, 2012,
or June 30, 2013, respectively.

				APPROPRIATIONS
				Available for the Year
				Ending June 30
					2012		2013

Sec. 3. SUPREME COURT

Subdivision 1.Total Appropriation

$

41,274,000

$

39,575,000

The amounts that may be spent for each
purpose are specified in the following
subdivisions.

Subd. 2.Supreme Court Operations

30,458,000

30,759,000

(a) Contingent Account. $5,000 each year
is for a contingent account for expenses
necessary for the normal operation of the
court for which no other reimbursement is
provided.
(b) Employee Health Care. The chief
justice of the Supreme Court shall study and
report to the chairs and ranking minority
members of the house of representatives and
senate committees with jurisdiction over
judiciary finance by January 15, 2012, on
the advantages and disadvantages of having
judicial branch officials and employees
leave the state employee group insurance
program and form their own group benefit
plan, including the option of shifting to a
plan based on high-deductible health savings
accounts.

Subd. 3.Civil Legal Services

10,816,000

8,816,000

(a) Legal Services to Low-Income
Clients in Family Law Matters. Of this
appropriation, $877,000 each year is to
improve the access of low-income clients to
legal representation in family law matters.
This appropriation must be distributed
under Minnesota Statutes, section 480.242,
to the qualified legal services programs
described in Minnesota Statutes, section
480.242, subdivision 2, paragraph (a). Any
unencumbered balance remaining in the first
year does not cancel and is available in the
second year.
(b) Limits on Services. No portion of the
funds appropriated may be used to represent
or serve clients: (1) in federal civil or
criminal matters outside the jurisdiction of
the state courts or agencies; (2) in suing a
state or federal entity; and (3) in advocating
at the legislature for or against current or
proposed policy and law.

Sec. 4. COURT OF APPEALS

$

10,106,000

$

10,228,000

Sec. 5. TRIAL COURTS

$

233,347,000

$

236,966,000

Sec. 6. GUARDIAN AD LITEM BOARD

$

11,988,000

$

11,988,000

Case priority. The board shall assign
guardians to clients who are entitled by
statute to representation prior to clients for
whom the courts request guardians but who
are not entitled to a guardian under statute.

Sec. 7. TAX COURT

$

790,000

$

790,000

Operating schedule. At least one tax court
judge shall hold hearings and meetings or
otherwise conduct regular business on all
days that executive branch agencies are open
for business.

Sec. 8. UNIFORM LAWS COMMISSION

$

30,000

$

30,000

Membership dues. This appropriation is
to pay the state's membership dues to the
National Uniform Laws Commission. No
portion of this appropriation may be used to
fund the travel or expenses of members of
the commission.

Sec. 9. BOARD ON JUDICIAL STANDARDS

$

456,000

$

456,000

Sec. 10. BOARD OF PUBLIC DEFENSE

$

64,726,000

$

64,726,000

Public defense corporations
representation. Funds appropriated
to public defense corporations shall
only be used to defend clients who are
constitutionally or statutorily entitled to a
public defender and who meet the income
eligibility standards in Minnesota Statutes,
section 611.17.

Sec. 11. SENTENCING GUIDELINES

$

586,000

$

586,000

Sec. 12. PROHIBITION ON USE OF APPROPRIATIONS

    No portion of these appropriations may be used for the purchase of motor vehicles
or out-of-state travel that is not directly connected with and necessary to carry out the core
functions of the organizations funded in this article.

    Sec. 13. SALARY FREEZE.
(a) Effective July 1, 2011, a state employee funded under this article may not receive
a salary or wage increase. This section prohibits any increases, including but not limited
to: across-the-board increases; cost-of-living adjustments; increases based on longevity;
step increases; increases in the form of lump-sum payments; increases in employer
contributions to deferred compensation plans; or any other pay grade adjustments of any
kind. This section does not prohibit an increase in the rate of salary and wages for an
employee who is promoted or transferred to a position with greater responsibilities and
with a higher salary or wage rate.
(b) This section expires on June 30, 2013.

    Sec. 14. CAPPING MILEAGE REIMBURSEMENT.
For entities funded by an appropriation in this bill, no official or employee may be
reimbursed for mileage expenses at a rate that exceeds 51 cents per mile.

ARTICLE 2

COURTS AND SENTENCING

    Section 1. Minnesota Statutes 2010, section 169.79, subdivision 6, is amended to read:
    Subd. 6. Other motor vehicles. If the motor vehicle is any kind of motor vehicle
other than those provided for in subdivisions 2 to 4, one plate two plates must be displayed
on. One plate must be displayed at the front and one on the rear of the vehicle and one
at the back. The two plates must either be mounted on the front and rear bumpers of
the vehicle or on the front and back of the vehicle exterior in places designed to hold a
license plate.

    Sec. 2. Minnesota Statutes 2010, section 169.797, subdivision 4, is amended to read:
    Subd. 4. Penalty. (a) A person who violates this section is guilty of a misdemeanor.
A person is guilty of a gross misdemeanor who violates this section within ten years
of the first of two prior convictions under this section, section 169.791, or a statute or
ordinance in conformity with one of those sections. The operator of a vehicle who violates
subdivision 3 and who causes or contributes to causing a vehicle accident that results in
the death of any person or in substantial bodily harm to any person, as defined in section
609.02, subdivision 7a , is guilty of a gross misdemeanor. The same prosecuting authority
who is responsible for prosecuting misdemeanor violations of this section is responsible
for prosecuting gross misdemeanor violations of this section. In addition to any sentence
of imprisonment that the court may impose on a person convicted of violating this section,
the court shall impose a fine of not less than $200 nor more than the maximum amount
authorized by law. The court may allow community service in lieu of any fine imposed if
the defendant is indigent.
(b) A driver who is the owner of the vehicle may, no later than the date and time
specified in the citation for the driver's first court appearance, produce proof of insurance
stating that security had been provided for the vehicle that was being operated at the time
of demand to the court administrator. The required proof of insurance may be sent by mail
by the driver as long as it is received no later than the date and time specified in the
citation for the driver's first court appearance. If a citation is issued, no person shall be
convicted of violating this section if the court administrator receives the required proof of
insurance no later than the date and time specified in the citation for the driver's first court
appearance. If the charge is made other than by citation, no person shall be convicted of
violating this section if the person presents the required proof of insurance at the person's
first court appearance after the charge is made.
(c) If the driver is not the owner of the vehicle, the driver shall, no later than the
date and time specified in the citation for the driver's first court appearance, provide the
district court administrator with proof of insurance or the name and address of the owner.
Upon receipt of the name and address of the owner, the district court administrator shall
communicate the information to the law enforcement agency.
(d) If the driver is not the owner of the vehicle, the officer may send or provide a
notice to the owner of the vehicle requiring the owner to produce proof of insurance for
the vehicle that was being operated at the time of the demand. Notice by mail is presumed
to be received five days after mailing and shall be sent to the owner's current address or the
address listed on the owner's driver's license. Within ten days after receipt of the notice,
the owner shall produce the required proof of insurance to the place stated in the notice
received by the owner. The required proof of insurance may be sent by mail by the owner
as long as it is received within ten days. Any owner who fails to produce proof of insurance
within ten days of an officer's request under this subdivision is guilty of a misdemeanor.
The peace officer may mail the citation to the owner's current address or address stated
on the owner's driver's license. It is an affirmative defense to a charge against the owner
that the driver used the owner's vehicle without consent, if insurance would not have been
required in the absence of the unauthorized use by the driver. It is not a defense that a
person failed to notify the Department of Public Safety of a change of name or address as
required under section 171.11. The citation may be sent after the ten-day period.
(b) (e) The court may impose consecutive sentences for offenses arising out of a
single course of conduct as permitted in section 609.035, subdivision 2.
(c) (f) In addition to the criminal penalty, the driver's license of an operator convicted
under this section shall be revoked for not more than 12 months. If the operator is also an
owner of the vehicle, the registration of the vehicle shall also be revoked for not more
than 12 months. Before reinstatement of a driver's license or registration, the operator
shall file with the commissioner of public safety the written certificate of an insurance
carrier authorized to do business in this state stating that security has been provided by the
operator as required by section 65B.48.
(d) (g) The commissioner shall include a notice of the penalties contained in this
section on all forms for registration of vehicles required to maintain a plan of reparation
security.

    Sec. 3. Minnesota Statutes 2010, section 260C.331, subdivision 3, is amended to read:
    Subd. 3. Court expenses. The following expenses are a charge upon the county
in which proceedings are held upon certification of the judge of juvenile court or upon
such other authorization provided by law:
(1) the fees and mileage of witnesses, and the expenses and mileage of officers
serving notices and subpoenas ordered by the court, as prescribed by law;
(2) the expense of transporting a child to a place designated by a child-placing agency
for the care of the child if the court transfers legal custody to a child-placing agency;
(3) the expense of transporting a minor to a place designated by the court;
(4) reasonable compensation for an attorney appointed by the court to serve as
counsel.
The State Guardian Ad Litem Board shall pay for guardian ad litem expenses
and reasonable compensation for an attorney to serve as counsel for a guardian ad
litem, if necessary. In no event may the court order that guardian ad litem expenses or
compensation for an attorney serving as counsel for a guardian ad litem be charged to
a county.

    Sec. 4. Minnesota Statutes 2010, section 357.021, subdivision 6, is amended to read:
    Subd. 6. Surcharges on criminal and traffic offenders. (a) Except as provided
in this paragraph, the court shall impose and the court administrator shall collect a $75
surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or
petty misdemeanor offense, other than a violation of a law or ordinance relating to vehicle
parking, for which there shall be a $12 surcharge. When a defendant is convicted of more
than one offense in a case, the surcharge shall be imposed only once in that case. In the
Second Judicial District, the court shall impose, and the court administrator shall collect,
an additional $1 surcharge on every person convicted of any felony, gross misdemeanor,
misdemeanor, or petty misdemeanor offense, including a violation of a law or ordinance
relating to vehicle parking, if the Ramsey County Board of Commissioners authorizes the
$1 surcharge. The surcharge shall be imposed whether or not the person is sentenced to
imprisonment or the sentence is stayed. The surcharge shall not be imposed when a person
is convicted of a petty misdemeanor for which no fine is imposed.
    (b) If the court fails to impose a surcharge as required by this subdivision, the court
administrator shall show the imposition of the surcharge, collect the surcharge, and
correct the record.
    (c) The court may not waive payment of the surcharge required under this
subdivision. Upon a showing of indigency or undue hardship upon the convicted person
or the convicted person's immediate family, the sentencing court may authorize payment
of the surcharge in installments.
    (d) The court administrator or other entity collecting a surcharge shall forward it to
the commissioner of management and budget.
    (e) If the convicted person is sentenced to imprisonment and has not paid the
surcharge before the term of imprisonment begins, the chief executive officer of the
correctional facility in which the convicted person is incarcerated shall collect the
surcharge from any earnings the inmate accrues from work performed in the facility
or while on conditional release. The chief executive officer shall forward the amount
collected to the court administrator or other entity collecting the surcharge imposed by
the court.
(f) A person who successfully completes a diversion or similar program enters
a diversion program, continuance without prosecution, continuance for dismissal, or
stay of adjudication for a violation of chapter 169 must pay the surcharge described in
this subdivision. A surcharge imposed under this paragraph shall be imposed only once
per case.
(g) The surcharge does not apply to administrative citations issued pursuant to
section 169.999.

    Sec. 5. Minnesota Statutes 2010, section 563.01, subdivision 3, is amended to read:
    Subd. 3. Authorization of forma pauperis. (a) Any court of the state of Minnesota
or any political subdivision thereof may authorize the commencement or defense of any
civil action, or appeal therein, without prepayment of fees, costs and security for costs by
a natural person who makes affidavit stating (a) the nature of the action, defense or appeal,
(b) a belief that affiant is entitled to redress, and (c) that affiant is financially unable to
pay the fees, costs and security for costs.
(b) Upon a finding by the court that the action is not of a frivolous nature, the court
shall allow the person to proceed in forma pauperis if the affidavit is substantially in the
language required by this subdivision and is not found by the court to be untrue. Persons
meeting the requirements of this subdivision include, but are not limited to, a person who
is receiving public assistance, who is represented by an attorney on behalf of a civil legal
services program or a volunteer attorney program based on indigency, or who has an
annual income not greater than 125 percent of the poverty line established under United
States Code, title 42, section 9902(2), except as otherwise provided by section 563.02.
(c) If, at or following commencement of the action, the party is or becomes able
to pay a portion of the fees, costs, and security for costs, the court may order any of
the following:
(1) payment of a fee of not less than $75;
(2) partial payment of fees, costs, and security for costs; or
(3) reimbursement of all or a portion of fees, costs, and security for costs paid in
monthly payments as directed by the court.
The court administrator shall transmit any fees or payments to the commissioner of
management and budget for deposit in the state treasury and credit them to the general
fund.
EFFECTIVE DATE.This section is effective July 1, 2011.

ARTICLE 3

PUBLIC DEFENDERS

    Section 1. Minnesota Statutes 2010, section 609.131, subdivision 1, is amended to read:
    Subdivision 1. General rule. Except as provided in subdivision 2, an alleged
misdemeanor violation must be treated as a petty misdemeanor if the prosecuting attorney
believes that it is in the interest of justice that the defendant not be imprisoned if convicted
and certifies that belief to the court at or before the time of arraignment or pretrial hearing,
and the court approves of the certification motion. Prior to the appointment of a public
defender to represent a defendant charged with a misdemeanor, the court shall inquire of
the prosecutor whether the prosecutor intends to certify the case as a petty misdemeanor.
The defendant's consent to the certification is not required. When an offense is certified
as a petty misdemeanor under this section, the defendant's eligibility for court-appointed
counsel must be evaluated as though the offense were a misdemeanor defendant is not
eligible for the appointment of a public defender.

    Sec. 2. Minnesota Statutes 2010, section 611.16, is amended to read:
611.16 REQUEST FOR APPOINTMENT OF PUBLIC DEFENDER.
Any person described in section 611.14 or any other person entitled by law to
representation by counsel, may at any time request the court in which the matter is pending,
or the court in which the conviction occurred, to appoint a public defender to represent the
person. In a proceeding defined by clause (2) of section 611.14, clause (2), application for
the appointment of a public defender may also be made to a judge of the Supreme Court.

    Sec. 3. Minnesota Statutes 2010, section 611.17, is amended to read:
611.17 FINANCIAL INQUIRY; STATEMENTS; CO-PAYMENT;
STANDARDS FOR DISTRICT PUBLIC DEFENSE ELIGIBILITY.
    (a) Each judicial district must screen requests for representation by the district public
defender. A defendant is financially unable to obtain counsel if:
    (1) the defendant, or any dependent of the defendant who resides in the same
household as the defendant, receives means-tested governmental benefits; or is charged
with a misdemeanor and has an annual household income not greater than 125 percent of
the poverty guidelines updated periodically in the Federal Register by the United States
Department of Health and Human Services under the authority of United States Code,
title 42, section 9902(2);
(2) the defendant is charged with a gross misdemeanor and has an annual household
income not greater than 150 percent of the poverty guidelines updated periodically in the
Federal Register by the United States Department of Health and Human Services under
the authority of United States Code, title 42, section 9902(2);
(3) the defendant is charged with a felony and has an annual household income not
greater than 175 percent of the poverty guidelines updated periodically in the Federal
Register by the United States Department of Health and Human Services under the
authority of United States Code, title 42, section 9902(2); or
    (2) (4) the court determines that the defendant, through any combination of liquid
assets and current income, would be unable to pay the reasonable costs charged by private
counsel in that judicial district for a defense of the same matter.
    (b) Upon a request for the appointment of counsel, the court shall make an
appropriate inquiry into the determination of financial circumstances eligibility under
paragraph (a) of the applicant, who shall submit a financial statement under oath or
affirmation setting forth the applicant's assets and liabilities, including the value of any
real property owned by the applicant, whether homestead or otherwise, less the amount of
any encumbrances on the real property, the source or sources of income, and any other
information required by the court. The applicant shall be under a continuing duty while
represented by a public defender to disclose any changes in the applicant's financial
circumstances that might be relevant to the applicant's eligibility for a public defender.
The state public defender shall furnish appropriate forms for the financial statements,
which must be used by the district courts throughout the state. The forms must contain
conspicuous notice of the applicant's continuing duty to disclose to the court changes in
the applicant's financial circumstances. The forms must also contain conspicuous notice
of the applicant's obligation to make a co-payment for the services of the district public
defender, as specified under paragraph (c). The information contained in the statement
shall be confidential and for the exclusive use of the court and the public defender
appointed by the court to represent the applicant except for any prosecution under
section 609.48. A refusal to execute the financial statement or produce financial records
constitutes a waiver of the right to the appointment of a public defender. The court shall
not appoint a district public defender to a defendant who is financially able to retain
private counsel but refuses to do so.
    An inquiry to determine financial eligibility of a defendant for the appointment of
the district public defender shall be made whenever possible prior to the court appearance
and by such persons as the court may direct. This inquiry may be combined with the
prerelease investigation provided for in Minnesota Rule of Criminal Procedure 6.02,
subdivision 3. In no case shall the district public defender be required to perform this
inquiry or investigate the defendant's assets or eligibility. The court has the sole duty to
conduct a financial inquiry. The inquiry must include the following:
    (1) the liquidity of real estate assets, including the defendant's homestead;
    (2) any assets that can be readily converted to cash or used to secure a debt;
    (3) the determination of whether the transfer of an asset is voidable as a fraudulent
conveyance; and
    (4) the value of all property transfers occurring on or after the date of the alleged
offense. The burden is on the accused to show that the accused is financially unable
to afford counsel. Defendants who fail to provide information necessary to determine
eligibility shall be deemed ineligible. The court must not appoint the district public
defender as advisory counsel.
    (c) Upon disposition of the case, an individual who has received public defender
services shall pay to the court a $75 co-payment for representation provided by a public
defender, unless the co-payment is, or has been, reduced in part or waived by the court.
    The co-payment must be credited to the general fund. If a term of probation is
imposed as a part of an offender's sentence, the co-payment required by this section must
not be made a condition of probation. The co-payment required by this section is a civil
obligation and must not be made a condition of a criminal sentence.
(d) The court shall not appoint a public defender to a defendant who is financially
able to retain counsel but refuses to do so, refuses to execute the financial statement or
refuses to provide information necessary to determine financial eligibility under this
section, or waives appointment of a public defender under section 611.19.

    Sec. 4. Minnesota Statutes 2010, section 611.18, is amended to read:
611.18 APPOINTMENT OF PUBLIC DEFENDER.
If it appears to a court that a person requesting the appointment of counsel satisfies
the requirements of this chapter, the court shall order the appropriate public defender to
represent the person at all further stages of the proceeding through appeal, if any. For a
person appealing from a conviction, or a person pursuing a postconviction proceeding
and who has not already had a direct appeal of the conviction, according to the standards
of sections 611.14, clause (2), and 611.25, subdivision 1, paragraph (a), clause (2), the
state chief appellate public defender shall be appointed. For a person covered by section
611.14 , clause (1), a (3), or (4), the chief district public defender shall be appointed to
represent that person. If (a) conflicting interests exist, (b) the district public defender for
any other reason is unable to act, or (c) the interests of justice require, the state public
defender may be ordered to represent a person. When the state public defender is directed
by a court to represent a defendant or other person, the state public defender may assign
the representation to any district public defender. If at any stage of the proceedings,
including an appeal, the court finds that the defendant is financially unable to pay counsel
whom the defendant had retained, the court may appoint the appropriate public defender
to represent the defendant, as provided in this section. Prior to any court appearance, a
public defender may represent a person accused of violating the law, who appears to be
financially unable to obtain counsel, and shall continue to represent the person unless it
is subsequently determined that the person is financially able to obtain counsel. The
representation may be made available at the discretion of the public defender, upon the
request of the person or someone on the person's behalf. Any law enforcement officer may
notify the public defender of the arrest of any such person.

    Sec. 5. Minnesota Statutes 2010, section 611.20, subdivision 3, is amended to read:
    Subd. 3. Reimbursement. In each fiscal year, the commissioner of management
and budget shall deposit the payments in the special revenue fund and credit them to a
separate account with the Board of Public Defense. The amount credited to this account is
appropriated to the Board of Public Defense.
The balance of this account does not cancel but is available until expended.
Expenditures by the board from this account for each judicial district public defense office
must be based on the amount of the payments received by the state from the courts in
each judicial district. A district public defender's office that receives money under this
subdivision shall use the money to supplement office overhead payments to part-time
attorneys providing public defense services in the district. By January 15 of each year,
the Board of Public Defense shall report to the chairs and ranking minority members of
the senate and house of representatives divisions having jurisdiction over criminal justice
funding on the amount appropriated under this subdivision, the number of cases handled
by each district public defender's office, the number of cases in which reimbursements
were ordered, and the average amount of reimbursement ordered, and the average amount
of money received by part-time attorneys under this subdivision.
EFFECTIVE DATE.This section is effective July 1, 2011.

    Sec. 6. Minnesota Statutes 2010, section 611.20, subdivision 4, is amended to read:
    Subd. 4. Employed defendants; ability to pay. (a) A court shall order a defendant
who is employed when a public defender is appointed, or who becomes employed while
represented by a public defender, or who is or becomes able to make partial payments
for counsel, to reimburse the state for the cost of the public defender. If reimbursement
is required under this subdivision, the court shall order the reimbursement when a
public defender is first appointed or as soon as possible after the court determines that
reimbursement is required. The court may accept partial reimbursement from the
defendant if the defendant's financial circumstances warrant a reduced reimbursement
schedule. The court may consider the guidelines in subdivision 6 in determining a
defendant's reimbursement schedule. If a defendant does not agree to make payments,
the court may order the defendant's employer to withhold a percentage of the defendant's
income to be turned over to the court. The percentage to be withheld may be determined
under subdivision 6 In determining the percentage to be withheld, the court shall consider
the income and assets of the defendant based on the financial statement provided by the
defendant when applying for the public defender under section 611.17.
(b) If a court determines under section 611.17 that a defendant is financially unable to
pay the reasonable costs charged by private counsel due to the cost of a private retainer fee,
the court shall evaluate the defendant's ability to make partial payments or reimbursement.

    Sec. 7. Minnesota Statutes 2010, section 611.27, subdivision 1, is amended to read:
    Subdivision 1. County payment responsibility District public defender budget.
(a) A chief district public defender shall annually submit a comprehensive budget to
the state Board of Public Defense. The budget shall be in compliance with standards
and forms required by the board. The chief district public defender shall, at times and
in the form required by the board, submit reports to the board concerning its operations,
including the number of cases handled and funds expended for these services.
(b) Money appropriated to the state Board of Public Defense for the board's
administration, for the state public defender, for the judicial district public defenders,
and for the public defense corporations shall be expended as determined by the board.
In distributing funds to district public defenders, the board shall consider the geographic
distribution of public defenders, the equity of compensation among the judicial districts,
public defender case loads, and the results of the weighted case load study.

    Sec. 8. Minnesota Statutes 2010, section 611.27, subdivision 5, is amended to read:
    Subd. 5. District public defender budgets and county payment responsibility.
The board of public defense may only shall fund all those items and services in necessary
for the district public defender budgets which were included in the original budgets of
district public defender offices as of January 1, 1990. All other public defense related
costs remain the responsibility of the counties unless the state specifically appropriates
for these. The cost of additional state funding of these items and services must be offset
by reductions in local aids in the same manner as the original state takeover. to satisfy
its obligations under this chapter. Except as provided in section 611.26, subdivision 3a,
counties shall not pay and no court shall order any county to pay for representation of
individuals charged with a crime.

    Sec. 9. REPEALER.
Minnesota Statutes 2010, section 611.20, subdivision 6, is repealed.

ARTICLE 4

SEXUALLY EXPLOITED YOUTH

    Section 1. Minnesota Statutes 2010, section 260B.007, subdivision 6, is amended to
read:
    Subd. 6. Delinquent child. (a) Except as otherwise provided in paragraph
paragraphs (b) and (c), "delinquent child" means a child:
(1) who has violated any state or local law, except as provided in section 260B.225,
subdivision 1 , and except for juvenile offenders as described in subdivisions 16 to 18;
(2) who has violated a federal law or a law of another state and whose case has been
referred to the juvenile court if the violation would be an act of delinquency if committed
in this state or a crime or offense if committed by an adult;
(3) who has escaped from confinement to a state juvenile correctional facility after
being committed to the custody of the commissioner of corrections; or
(4) who has escaped from confinement to a local juvenile correctional facility after
being committed to the facility by the court.
(b) The term delinquent child does not include a child alleged to have committed
murder in the first degree after becoming 16 years of age, but the term delinquent child
does include a child alleged to have committed attempted murder in the first degree.
(c) The term delinquent child does not include a child who is alleged to have
engaged in conduct which would, if committed by an adult, violate any federal, state, or
local law relating to being hired, offering to be hired, or agreeing to be hired by another
individual to engage in sexual penetration or sexual conduct.
EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
offenses committed on or after that date.

    Sec. 2. Minnesota Statutes 2010, section 260B.007, subdivision 16, is amended to read:
    Subd. 16. Juvenile petty offender; juvenile petty offense. (a) "Juvenile petty
offense" includes a juvenile alcohol offense, a juvenile controlled substance offense,
a violation of section 609.685, or a violation of a local ordinance, which by its terms
prohibits conduct by a child under the age of 18 years which would be lawful conduct if
committed by an adult.
(b) Except as otherwise provided in paragraph (c), "juvenile petty offense" also
includes an offense that would be a misdemeanor if committed by an adult.
(c) "Juvenile petty offense" does not include any of the following:
(1) a misdemeanor-level violation of section 518B.01,; 588.20,; 609.224,; 609.2242,;
609.324 , subdivision 2 or 3; 609.5632,; 609.576,; 609.66,; 609.746,; 609.748,; 609.79,;
or 617.23;
(2) a major traffic offense or an adult court traffic offense, as described in section
260B.225 ;
(3) a misdemeanor-level offense committed by a child whom the juvenile court
previously has found to have committed a misdemeanor, gross misdemeanor, or felony
offense; or
(4) a misdemeanor-level offense committed by a child whom the juvenile court
has found to have committed a misdemeanor-level juvenile petty offense on two or
more prior occasions, unless the county attorney designates the child on the petition
as a juvenile petty offender notwithstanding this prior record. As used in this clause,
"misdemeanor-level juvenile petty offense" includes a misdemeanor-level offense that
would have been a juvenile petty offense if it had been committed on or after July 1, 1995.
(d) A child who commits a juvenile petty offense is a "juvenile petty offender." The
term juvenile petty offender does not include a child alleged to have violated any law
relating to being hired, offering to be hired, or agreeing to be hired by another individual
to engage in sexual penetration or sexual conduct which, if committed by an adult, would
be a misdemeanor.
EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
offenses committed on or after that date.

    Sec. 3. Minnesota Statutes 2010, section 260C.007, subdivision 6, is amended to read:
    Subd. 6. Child in need of protection or services. "Child in need of protection or
services" means a child who is in need of protection or services because the child:
    (1) is abandoned or without parent, guardian, or custodian;
    (2)(i) has been a victim of physical or sexual abuse as defined in section 626.556,
subdivision 2, (ii) resides with or has resided with a victim of child abuse as defined in
subdivision 5 or domestic child abuse as defined in subdivision 13, (iii) resides with or
would reside with a perpetrator of domestic child abuse as defined in subdivision 13 or
child abuse as defined in subdivision 5 or 13, or (iv) is a victim of emotional maltreatment
as defined in subdivision 15;
    (3) is without necessary food, clothing, shelter, education, or other required care
for the child's physical or mental health or morals because the child's parent, guardian,
or custodian is unable or unwilling to provide that care;
    (4) is without the special care made necessary by a physical, mental, or emotional
condition because the child's parent, guardian, or custodian is unable or unwilling to
provide that care;
    (5) is medically neglected, which includes, but is not limited to, the withholding of
medically indicated treatment from a disabled infant with a life-threatening condition. The
term "withholding of medically indicated treatment" means the failure to respond to the
infant's life-threatening conditions by providing treatment, including appropriate nutrition,
hydration, and medication which, in the treating physician's or physicians' reasonable
medical judgment, will be most likely to be effective in ameliorating or correcting all
conditions, except that the term does not include the failure to provide treatment other
than appropriate nutrition, hydration, or medication to an infant when, in the treating
physician's or physicians' reasonable medical judgment:
    (i) the infant is chronically and irreversibly comatose;
    (ii) the provision of the treatment would merely prolong dying, not be effective in
ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be
futile in terms of the survival of the infant; or
    (iii) the provision of the treatment would be virtually futile in terms of the survival
of the infant and the treatment itself under the circumstances would be inhumane;
    (6) is one whose parent, guardian, or other custodian for good cause desires to be
relieved of the child's care and custody, including a child who entered foster care under a
voluntary placement agreement between the parent and the responsible social services
agency under section 260C.212, subdivision 8;
    (7) has been placed for adoption or care in violation of law;
    (8) is without proper parental care because of the emotional, mental, or physical
disability, or state of immaturity of the child's parent, guardian, or other custodian;
    (9) is one whose behavior, condition, or environment is such as to be injurious or
dangerous to the child or others. An injurious or dangerous environment may include, but
is not limited to, the exposure of a child to criminal activity in the child's home;
    (10) is experiencing growth delays, which may be referred to as failure to thrive, that
have been diagnosed by a physician and are due to parental neglect;
    (11) has engaged in prostitution as defined in section 609.321, subdivision 9 is a
sexually exploited youth as defined in subdivision 31;
    (12) has committed a delinquent act or a juvenile petty offense before becoming
ten years old;
    (13) is a runaway;
    (14) is a habitual truant;
    (15) has been found incompetent to proceed or has been found not guilty by reason
of mental illness or mental deficiency in connection with a delinquency proceeding, a
certification under section 260B.125, an extended jurisdiction juvenile prosecution, or a
proceeding involving a juvenile petty offense; or
(16) has a parent whose parental rights to one or more other children were
involuntarily terminated or whose custodial rights to another child have been involuntarily
transferred to a relative and there is a case plan prepared by the responsible social services
agency documenting a compelling reason why filing the termination of parental rights
petition under section 260C.301, subdivision 3, is not in the best interests of the child.
EFFECTIVE DATE.This section is effective August 1, 2011.

    Sec. 4. Minnesota Statutes 2010, section 260C.007, subdivision 11, is amended to read:
    Subd. 11. Delinquent child. "Delinquent child" means a child:
(1) who has violated any state or local law, except as provided in section 260B.225,
subdivision 1 , and except for juvenile offenders as described in subdivisions 19 and 28; or
(2) who has violated a federal law or a law of another state and whose case has been
referred to the juvenile court if the violation would be an act of delinquency if committed
in this state or a crime or offense if committed by an adult has the meaning given in
section 260B.007, subdivision 6.
EFFECTIVE DATE.This section is effective August 1, 2011.

    Sec. 5. Minnesota Statutes 2010, section 260C.007, is amended by adding a
subdivision to read:
    Subd. 31. Sexually exploited youth. "Sexually exploited youth" means an
individual who:
(1) is alleged to have engaged in conduct which would, if committed by an adult,
violate any federal, state, or local law relating to being hired, offering to be hired, or
agreeing to be hired by another individual to engage in sexual penetration or sexual
conduct;
(2) is a victim of a crime described in section 609.342, 609.343, 609.345, 609.3451,
609.3453, 609.352, 617.246, or 617.247;
(3) is a victim of a crime described in United States Code, title 18, section 2260;
2421; 2422; 2423; 2425; 2425A; or 2256; or
(4) is a sex trafficking victim as defined in section 609.321, subdivision 7b.
EFFECTIVE DATE.This section is effective August 1, 2011.

    Sec. 6. Minnesota Statutes 2010, section 609.321, subdivision 8, is amended to read:
    Subd. 8. Prostitute. "Prostitute" means an individual 18 years of age or older who
engages in prostitution.
EFFECTIVE DATE.This section is effective August 1, 2014, and applies to crimes
committed on or after that date.

    Sec. 7. Minnesota Statutes 2010, section 609.3241, is amended to read:
609.3241 PENALTY ASSESSMENT AUTHORIZED.
(a) When a court sentences an adult convicted of violating section 609.322 or
609.324 , while acting other than as a prostitute, the court shall impose an assessment of
not less than $250 $500 and not more than $500 $750 for a violation of section 609.324,
subdivision 2 , or a misdemeanor violation of section 609.324, subdivision 3; otherwise
the court shall impose an assessment of not less than $500 $750 and not more than
$1,000. The mandatory minimum portion of the assessment is to be used for the purposes
described in section 626.558, subdivision 2a, shall be distributed as provided in paragraph
(c) and is in addition to the surcharge required by section 357.021, subdivision 6. Any
portion of the assessment imposed in excess of the mandatory minimum amount shall be
deposited in an account in the special revenue fund and is appropriated annually to the
commissioner of public safety. The commissioner, with the assistance of the General
Crime Victims Advisory Council, shall use money received under this section for grants to
agencies that provide assistance to individuals who have stopped or wish to stop engaging
in prostitution. Grant money may be used to provide these individuals with medical care,
child care, temporary housing, and educational expenses.
(b) The court may not waive payment of the minimum assessment required by
this section. 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 assessment would create undue hardship for the convicted person or that person's
immediate family, the court may reduce the amount of the minimum assessment to not
less than $100. The court also may authorize payment of the assessment in installments.
(c) The assessment collected under paragraph (a) must be distributed as follows:
(1) 40 percent of the assessment shall be forwarded to the political subdivision that
employs the arresting officer for use in enforcement, training, and education activities
related to combating sexual exploitation of youth, or if the arresting officer is an employee
of the state, this portion shall be forwarded to the commissioner of public safety for those
purposes identified in clause (3);
(2) 20 percent of the assessment shall be forwarded to the prosecuting agency that
handled the case for use in training and education activities relating to combating sexual
exploitation activities of youth; and
(3) 40 percent of the assessment must be forwarded to the commissioner of public
safety to be deposited in the safe harbor for youth account in the special revenue fund
and are appropriated to the commissioner for distribution to crime victims services
organizations that provide services to sexually exploited youth, as defined in section
260C.007, subdivision 31.
(d) A safe harbor for youth account is established as a special account in the state
treasury.
EFFECTIVE DATE.This section is effective August 1, 2011.

    Sec. 8. Minnesota Statutes 2010, section 626.558, subdivision 2a, is amended to read:
    Subd. 2a. Juvenile prostitution Sexually exploited youth outreach program. A
multidisciplinary child protection team may assist the local welfare agency, local law
enforcement agency, or an appropriate private organization in developing a program of
outreach services for juveniles who are engaging in prostitution sexually exploited youth,
including homeless, runaway, and truant youth who are at risk of sexual exploitation.
For the purposes of this subdivision, at least one representative of a youth intervention
program or, where this type of program is unavailable, one representative of a nonprofit
agency serving youth in crisis, shall be appointed to and serve on the multidisciplinary
child protection team in addition to the standing members of the team. These services may
include counseling, medical care, short-term shelter, alternative living arrangements, and
drop-in centers. The county may finance these services by means of the penalty assessment
authorized by section 609.3241. A juvenile's receipt of intervention services under this
subdivision may not be conditioned upon the juvenile providing any evidence or testimony.
EFFECTIVE DATE.This section is effective August 1, 2011.

    Sec. 9. SAFE HARBOR FOR SEX TRAFFICKED YOUTH; SEXUALLY
EXPLOITED YOUTH; STATEWIDE VICTIM SERVICES MODEL.
(a) If sufficient funding from outside sources is donated, the commissioner of public
safety shall develop a statewide model as provided in this section. By June 30, 2012, the
commissioner of public safety, in consultation with the commissioners of health and
human services, shall develop a victim services model to address the needs of sexually
exploited youth and youth at risk of sexual exploitation. The commissioner shall take into
consideration the findings and recommendations as reported to the legislature on the
results of the safe harbor for sexually exploited youth pilot project authorized by Laws
2006, chapter 282, article 13, section 4, paragraph (b). In addition, the commissioner
shall seek recommendations from prosecutors, public safety officials, public health
professionals, child protection workers, and service providers.
(b) By January 15, 2013, the commissioner of public safety shall report to the chairs
and ranking minority members of the senate and house of representatives divisions having
jurisdiction over health and human services and criminal justice funding and policy on the
development of the statewide model, including recommendations for additional legislation
or funding for services for sexually exploited youth or youth at risk of sexual exploitation.
(c) As used in this section, "sexually exploited youth" has the meaning given in
section 260C.007, subdivision 31.
EFFECTIVE DATE.This section is effective August 1, 2011.

    Sec. 10. REPEALER.
Minnesota Statutes 2010, sections 260B.141, subdivision 5; and 260C.141,
subdivision 6, are repealed.
EFFECTIVE DATE.This section is effective August 1, 2014.

ARTICLE 5

PROSTITUTION CRIMES

    Section 1. Minnesota Statutes 2010, section 609.321, subdivision 4, is amended to read:
    Subd. 4. Patron. "Patron" means an individual who hires or offers or agrees
engages in prostitution by hiring, offering to hire, or agreeing to hire another individual to
engage in sexual penetration or sexual contact.
EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
committed on or after that date.

    Sec. 2. Minnesota Statutes 2010, section 609.321, subdivision 8, is amended to read:
    Subd. 8. Prostitute. "Prostitute" means an individual who engages in prostitution
by being hired, offering to be hired, or agreeing to be hired by another individual to
engage in sexual penetration or sexual contact.
EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
committed on or after that date.

    Sec. 3. Minnesota Statutes 2010, section 609.321, subdivision 9, is amended to read:
    Subd. 9. Prostitution. "Prostitution" means engaging or offering or agreeing to
engage for hire hiring, offering to hire, or agreeing to hire another individual to engage in
sexual penetration or sexual contact, or being hired, offering to be hired, or agreeing to be
hired by another individual to engage in sexual penetration or sexual contact.
EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
committed on or after that date.

    Sec. 4. Minnesota Statutes 2010, section 609.324, subdivision 2, is amended to read:
    Subd. 2. Prostitution in public place; penalty for patrons. Whoever, while acting
as a patron, intentionally does any of the following while in a public place is guilty of a
gross misdemeanor:
(1) engages in prostitution with an individual 18 years of age or older; or
(2) hires or, offers to hire, or agrees to hire an individual 18 years of age or older to
engage in sexual penetration or sexual contact.
Except as otherwise provided in subdivision 4, a person who is convicted of violating this
subdivision while acting as a patron must, at a minimum, be sentenced to pay a fine
of at least $1,500.
EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
committed on or after that date.

    Sec. 5. Minnesota Statutes 2010, section 609.324, subdivision 3, is amended to read:
    Subd. 3. General prostitution crimes; penalties for patrons. (a) Whoever, while
acting as a patron, intentionally does any of the following is guilty of a misdemeanor:
(1) engages in prostitution with an individual 18 years of age or above older; or
(2) hires or, offers to hire, or agrees to hire an individual 18 years of age or above
older to engage in sexual penetration or sexual contact. Except as otherwise provided in
subdivision 4, a person who is convicted of violating this paragraph while acting as a
patron must, at a minimum, be sentenced to pay a fine of at least $500.
(b) Whoever violates the provisions of this subdivision within two years of a
previous prostitution conviction for violating this section or section 609.322 is guilty
of a gross misdemeanor. Except as otherwise provided in subdivision 4, a person who
is convicted of violating this paragraph while acting as a patron must, at a minimum,
be sentenced as follows:
(1) to pay a fine of at least $1,500; and
(2) to serve 20 hours of community work service.
The court may waive the mandatory community work service if it makes specific,
written findings that the community work service is not feasible or appropriate under the
circumstances of the case.
EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
committed on or after that date.

    Sec. 6. Minnesota Statutes 2010, section 609.324, is amended by adding a subdivision
to read:
    Subd. 6. Prostitution in public place; penalty for prostitutes. Whoever, while
acting as a prostitute, intentionally does any of the following while in a public place is
guilty of a gross misdemeanor:
(1) engages in prostitution with an individual 18 years of age or older; or
(2) is hired, offers to be hired, or agrees to be hired by an individual 18 years of age
or older to engage in sexual penetration or sexual contact.
EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
committed on or after that date.

    Sec. 7. Minnesota Statutes 2010, section 609.324, is amended by adding a subdivision
to read:
    Subd. 7. General prostitution crimes; penalties for prostitutes. (a) Whoever,
while acting as a prostitute, intentionally does any of the following is guilty of a
misdemeanor:
(1) engages in prostitution with an individual 18 years of age or older; or
(2) is hired, offers to be hired, or agrees to be hired by an individual 18 years of age
or older to engage in sexual penetration or sexual contact.
(b) Whoever violates the provisions of this subdivision within two years of a
previous prostitution conviction for violating this section or section 609.322 is guilty
of a gross misdemeanor.
EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
committed on or after that date.