Bill Text: MN SF1 | 2011 | 87th Legislature 1st Special | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Judiciary and public safety omnibus bill
Sponsorship: Partisan Bill (Republican 4)
Status: (Engrossed - Dead) 2011-07-20 - Governor's action Approval [SF1 Detail]
Download: Minnesota-2011-SF1-Introduced.html
Bill Title: Judiciary and public safety omnibus bill
Sponsorship: Partisan Bill (Republican 4)
Status: (Engrossed - Dead) 2011-07-20 - Governor's action Approval [SF1 Detail]
Download: Minnesota-2011-SF1-Introduced.html
1.2relating to public safety; modifying certain provisions relating to public safety,
1.3courts and sentencing, sexually exploited youth, and prostitution crimes;
1.4requesting studies; requesting reports; providing for penalties; appropriating
1.5money for public safety, corrections, human rights, courts, civil legal services,
1.6Guardian Ad Litem Board, Uniform Laws Commission, Board on Judicial
1.7Standards, and sentencing guidelines;amending Minnesota Statutes 2010,
1.8sections 169.797, subdivision 4; 243.212; 260B.007, subdivisions 6, 16;
1.9260C.007, subdivisions 6, 11, by adding a subdivision; 260C.331, subdivision
1.103; 297I.06, subdivision 3; 357.021, subdivision 6; 563.01, subdivision 3;
1.11609.321, subdivisions 4, 8, 9; 609.324, subdivisions 2, 3, by adding subdivisions;
1.12609.3241; 626.558, subdivision 2a; 626.8458, subdivision 5; 641.15, subdivision
1.132; proposing coding for new law in Minnesota Statutes, chapter 609.
1.14BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.18The amounts shown in this section summarize direct appropriations, by fund, made
1.19in this article.
2.5The sums shown in the columns marked "Appropriations" are appropriated to the
2.6agencies and for the purposes specified in this article. The appropriations are from the
2.7general fund, or another named fund, and are available for the fiscal years indicated
2.8for each purpose. The figures "2012" and "2013" used in this article mean that the
2.9appropriations listed under them are available for the fiscal year ending June 30, 2012, or
2.10June 30, 2013, respectively. "The first year" is fiscal year 2012. "The second year" is fiscal
2.11year 2013. "The biennium" is fiscal years 2012 and 2013.
2.18The amounts that may be spent for each
2.19purpose are specified in the following
2.20subdivisions.
2.22(a) Contingent Account. $5,000 each year
2.23is for a contingent account for expenses
2.24necessary for the normal operation of the
2.25court for which no other reimbursement is
2.26provided.
2.27(b) Employee Health Care. The chief justice
2.28of the Supreme Court is requested to study
2.29and report to the chairs and ranking minority
2.30members of the house of representatives and
2.31senate committees with jurisdiction over
2.32judiciary finance by January 15, 2012, on
2.33the advantages and disadvantages of having
2.34judicial branch officials and employees
3.1leave the state employee group insurance
3.2program and form their own group benefit
3.3plan, including the option of shifting to a
3.4plan based on high-deductible health savings
3.5accounts.
3.6(c) Judicial and Referee Vacancies.
3.7The Supreme Court shall not certify a
3.8judicial or referee vacancy under Minnesota
3.9Statutes, section 2.722, until it has examined
3.10alternative options, such as temporarily
3.11suspending certification of the vacant
3.12position or assigning a retired judge to
3.13temporarily fill the position.
3.15(a) Legal Services to Low-Income
3.16Clients in Family Law Matters. Of this
3.17appropriation, $877,000 each year is to
3.18improve the access of low-income clients to
3.19legal representation in family law matters.
3.20This appropriation must be distributed
3.21under Minnesota Statutes, section 480.242,
3.22to the qualified legal services programs
3.23described in Minnesota Statutes, section
3.24480.242, subdivision 2, paragraph (a). Any
3.25unencumbered balance remaining in the first
3.26year does not cancel and is available in the
3.27second year.
3.28(b) Case Priorities. For legal services
3.29funded by state funds, priority must be
3.30given to clients with civil matters within the
3.31jurisdiction of the state courts or agencies.
4.2Case priority. The board shall assign
4.3guardians to clients who are entitled by
4.4statute to representation prior to clients for
4.5whom the courts request guardians but who
4.6are not entitled to a guardian under statute.
4.8Operating schedule. At least one tax court
4.9judge shall hold hearings and meetings or
4.10otherwise conduct regular business on all
4.11days that executive branch agencies are open
4.12for business.
4.15(a) $290,000 in fiscal year 2012 is for the
4.16Board on Judicial Standards for deficiencies
4.17occurring in fiscal year 2011.
4.18(b) $125,000 each year is for special
4.19investigative and hearing costs for major
4.20disciplinary actions undertaken by the
4.21board. This appropriation does not cancel.
4.22Any encumbered and unspent balances
4.23remain available for these expenditures in
4.24subsequent fiscal years.
4.26The Board must use additional state funding
4.27beyond the projected fiscal year 2012
4.28and 2013 baseline appropriation for any
4.29or all of the following: constitutionally
4.30mandated services required under Padilla v.
4.31Kentucky, 130 S. Ct. 1473 (2010), increased
5.1transcript costs, expert witness costs, and
5.2investigations, and to alleviate caseloads by
5.3hiring additional public defenders. The board
5.4may prioritize expenditures as it deems most
5.5appropriate.
5.17The amounts that may be spent for each
5.18purpose are specified in the following
5.19subdivisions.
5.26Hazmat and Chemical Assessment Teams.
5.27$604,000 each year is appropriated from the
5.28fire safety account in the special revenue
5.29fund. These amounts must be used to
5.30fund the hazardous materials and chemical
5.31assessment teams.
6.4DWI Lab Analysis; Trunk Highway Fund.
6.5Notwithstanding Minnesota Statutes, section
6.6161.20, subdivision 3 , $1,941,000 each year
6.7is appropriated from the trunk highway fund
6.8for laboratory analysis related to driving
6.9while impaired cases.
6.11This appropriation is from the fire safety
6.12account in the special revenue fund and is for
6.13activities under Minnesota Statutes, section
6.14299F.012.
6.15Of this amount: (1) $5,757,000 each year
6.16is for activities under Minnesota Statutes,
6.17section 299F.012; and (2) $4,227,000 the first
6.18year and $4,228,000 the second year are for
6.19transfers to the general fund under Minnesota
6.20Statutes, section 297I.06, subdivision 3.
6.26This appropriation is from the alcohol
6.27enforcement account in the special revenue
6.28fund. Of this appropriation, $500,000 each
6.29year shall be transferred to the general fund.
6.30The transfer amount for fiscal year 2014 and
6.31fiscal year 2015 shall be $500,000 per year.
7.5Administration Costs. Up to 2.5 percent
7.6of the grant money appropriated in this
7.7subdivision may be used to administer the
7.8grant program.
7.11This appropriation is from the state
7.12government special revenue fund for 911
7.13emergency telecommunications services.
7.14(a) Public Safety Answering Points.
7.15$13,664,000 each year is to be distributed
7.16as provided in Minnesota Statutes, section
7.17403.113, subdivision 2.
7.18(b) Medical Resource Communication
7.19Centers. $683,000 each year is for grants
7.20to the Minnesota Emergency Medical
7.21Services Regulatory Board for the Metro
7.22East and Metro West Medical Resource
7.23Communication Centers that were in
7.24operation before January 1, 2000.
7.25(c) ARMER Debt Service. $23,261,000
7.26each year is to the commissioner of
7.27management and budget to pay debt service
7.28on revenue bonds issued under Minnesota
7.29Statutes, section 403.275.
7.30Any portion of this appropriation not needed
7.31to pay debt service in a fiscal year may be
7.32used by the commissioner of public safety to
7.33pay cash for any of the capital improvements
7.34for which bond proceeds were appropriated
7.35by Laws 2005, chapter 136, article 1, section
8.19, subdivision 8, or Laws 2007, chapter 54,
8.2article 1, section 10, subdivision 8.
8.3(d) Metropolitan Council Debt Service.
8.4$1,410,000 each year is to the commissioner
8.5of management and budget for payment to
8.6the Metropolitan Council for debt service
8.7on bonds issued under Minnesota Statutes,
8.8section 403.27.
8.9(e) ARMER State Backbone Operating
8.10Costs. $8,300,000 the first year and
8.11$8,650,000 the second year are to the
8.12commissioner of transportation for costs
8.13of maintaining and operating the statewide
8.14radio system backbone.
8.15(f) ARMER Improvements. $1,000,000
8.16each year is for the Statewide Radio Board
8.17for costs of design, construction, maintenance
8.18of, and improvements to those elements
8.19of the statewide public safety radio and
8.20communication system that support mutual
8.21aid communications and emergency medical
8.22services or provide enhancement of public
8.23safety communication interoperability.
8.26(a) Excess Amounts Transferred. This
8.27appropriation is from the peace officer
8.28training account in the special revenue fund.
8.29Any new receipts credited to that account in
8.30the first year in excess of $3,770,000 must be
8.31transferred and credited to the general fund.
8.32Any new receipts credited to that account in
8.33the second year in excess of $3,770,000 must
8.34be transferred and credited to the general
8.35fund.
9.1(b) Peace Officer Training
9.2Reimbursements. $2,634,000 each
9.3year is for reimbursements to local
9.4governments for peace officer training costs.
9.14The amounts that may be spent for each
9.15purpose are specified in the following
9.16subdivisions.
9.22The general fund base for this program shall
9.23be $330,000,000 in fiscal year 2014 and
9.24$332,852,000 in fiscal year 2015.
9.25Correctional Study. In implementing
9.26this appropriation the commissioner of
9.27corrections shall consider studying the
9.28following topics:
9.29(1) adoption of an earned credit program for
9.30inmates in the state correctional facilities
9.31similar to the programs in 36 other states;
10.1(2) the federal immigration and customs
10.2enforcement rapid REPAT program and the
10.3potential for the state to participate in the
10.4program;
10.5(3) expanding the use of medical and other
10.6forms of early release;
10.7(4) the feasibility of closing a wing or an
10.8entire state facility or leasing vacant prison
10.9space to house inmates from other states;
10.10(5) reducing inmate medical costs; and
10.11(6) reforming the department's role in the
10.12juvenile justice system including closing
10.13juvenile facilities.
10.19Probation Revocation Reform. In
10.20implementing this appropriation the
10.21commissioner of corrections, in consultation
10.22with staff of the Sentencing Guidelines
10.23Commission and representatives from
10.24community corrections agencies, shall
10.25consider developing performance incentives
10.26for counties to reduce the number of
10.27probation revocations. The commissioner
10.28is encouraged to review policies in states
10.29that have implemented performance
10.30incentive programs. In implementing
10.31this appropriation the commissioner shall
10.32consider examining:
10.33(1) the revocation rate differences between
10.34counties;
11.1(2) granting earned compliance credits for
11.2offenders on probation;
11.3(3) recent innovations in probation services,
11.4such as the HOPE program and the
11.5Georgia model, to determine the feasibility
11.6of implementing similar programs in
11.7Minnesota;
11.8(4) limiting prison time for first time
11.9probation revocations; and
11.10(5) the impact of adopting one, unified
11.11probation and supervised release delivery
11.12system in the state.
11.19(a) MINNCOR. Notwithstanding Minnesota
11.20Statutes, section 241.27, the commissioner
11.21of management and budget shall transfer
11.22$600,000 the first year and $600,000 the
11.23second year from the Minnesota correctional
11.24industries revolving fund to the general fund.
11.25These are onetime transfers.
11.26(b) Various Special Revenue Accounts.
11.27Notwithstanding any law to the contrary,
11.28the commissioner of management and
11.29budget shall transfer $400,000 the first year
11.30and $400,000 the second year from the
11.31Department of Corrections' special revenue
11.32accounts to the general fund. These are
11.33onetime transfers. The commissioner of
11.34corrections shall adjust expenditures to stay
11.35within the remaining revenues.
12.2 Sec. 17. PROHIBITION ON USE OF APPROPRIATIONS
12.3 No portion of the appropriations in sections 3 to 10 and 16 may be used for the
12.4purchase of motor vehicles or out-of-state travel that is not directly connected with and
12.5necessary to carry out the core functions of the organizations funded in this article.
12.6 Sec. 18. CAPPING MILEAGE REIMBURSEMENT.
12.7For entities funded by an appropriation in sections 3 to 10 and 16, no official or
12.8employee may be reimbursed for mileage expenses at a rate that exceeds 51 cents per mile.
12.9 Sec. 19. EFFECTIVE DATE; RELATIONSHIP TO OTHER
12.10APPROPRIATIONS.
12.11Unless otherwise specified, this article is effective retroactively from July 1, 2011,
12.12and supersedes and replaces funding authorized by orders of the Second Judicial District
12.13Court in Case Nos. 62-CV-11-5203 and 62-CV-11-5361.
12.16 Section 1. Minnesota Statutes 2010, section 243.212, is amended to read:
12.17243.212 CO-PAYMENTS FOR HEALTH SERVICES.
12.18Any inmate of an adult correctional facility under the control of the commissioner
12.19of corrections shall incur co-payment obligations for health care services provided. The
12.20co-payment shall be at least $5 per visit to a health care provider. The co-payment will be
12.21paid from the inmate account of earnings and other funds, as provided in section243.23,
12.22subdivision 3 . The funds paid under this subdivision are appropriated to the commissioner
12.23of corrections for the delivery of health care services to inmates.
12.24 Sec. 2. Minnesota Statutes 2010, section 297I.06, subdivision 3, is amended to read:
12.25 Subd. 3. Fire safety account, annual transfers, allocation. A special account, to
12.26be known as the fire safety account, is created in the state treasury. The account consists
12.27of the proceeds under subdivisions 1 and 2.$468,000 in fiscal year 2008, $4,268,000 in
12.28fiscal year 2009, $9,268,000 $4,227,000 in fiscal year 2010 2012, $5,968,000 $4,228,000
12.29in fiscal year2011 2013, and $2,368,000 in each year thereafter is transferred from the fire
13.1safety account in the special revenue fund to the general fund to offset the loss of revenue
13.2caused by the repeal of the one-half of one percent tax on fire insurance premiums.
13.3 Sec. 3. Minnesota Statutes 2010, section 626.8458, subdivision 5, is amended to read:
13.4 Subd. 5. In-service training in police pursuits required. The chief law
13.5enforcement officer of every state and local law enforcement agency shall provide
13.6in-service training in emergency vehicle operations and in the conduct of police pursuits
13.7to every peace officer and part-time peace officer employed by the agency who the
13.8chief law enforcement officer determines may be involved in a police pursuit given the
13.9officer's responsibilities. The training shall comply with learning objectives developed
13.10and approved by the board and shall consist of at least eight hours of classroom and
13.11skills-based training everyfour five years.
13.12 Sec. 4. Minnesota Statutes 2010, section 641.15, subdivision 2, is amended to read:
13.13 Subd. 2. Medical aid. Except as provided in section466.101 , the county board
13.14shall pay the costs of medical services provided to prisoners pursuant to this section.
13.15The amount paid by theAnoka county board for a medical service shall not exceed the
13.16maximum allowed medical assistance payment rate for the service, as determined by
13.17the commissioner of human services.For all other counties, In the absence of a health
13.18or medical insurance or health plan that has a contractual obligation with the provider or
13.19the prisoner, medical providers shall charge no higher than the rate negotiated between
13.20the county and the provider. In the absence of an agreement between the county and the
13.21provider, the provider may not chargeno more than the discounted rate the provider
13.22has negotiated with the nongovernmental third-party payer that provided the most
13.23revenue to the provider during the previous calendar year an amount that exceeds the
13.24maximum allowed medical assistance payment rate for the service, as determined by
13.25the commissioner of human services. The county is entitled to reimbursement from the
13.26prisoner for payment of medical bills to the extent that the prisoner to whom the medical
13.27aid was provided has the ability to pay the bills. The prisoner shall, at a minimum, incur
13.28co-payment obligations for health care services provided by a county correctional facility.
13.29The county board shall determine the co-payment amount. Notwithstanding any law to the
13.30contrary, the co-payment shall be deducted from any of the prisoner's funds held by the
13.31county, to the extent possible. If there is a disagreement between the county and a prisoner
13.32concerning the prisoner's ability to pay, the court with jurisdiction over the defendant shall
13.33determine the extent, if any, of the prisoner's ability to pay for the medical services. If
13.34a prisoner is covered by health or medical insurance or other health plan when medical
14.1services are provided, the medical provider shall bill that health or medical insurance or
14.2other plan. If the county providing the medical services for a prisoner that has coverage
14.3under health or medical insurance or other plan, that county has a right of subrogation to
14.4be reimbursed by the insurance carrier for all sums spent by it for medical services to the
14.5prisoner that are covered by the policy of insurance or health plan, in accordance with the
14.6benefits, limitations, exclusions, provider restrictions, and other provisions of the policy or
14.7health plan. The county may maintain an action to enforce this subrogation right. The
14.8county does not have a right of subrogation against the medical assistance program or the
14.9general assistance medical care program.
14.10 Sec. 5. ACQUISITION OF EASEMENT; MINNESOTA CORRECTIONAL
14.11FACILITY IN FARIBAULT.
14.12Notwithstanding Minnesota Statutes, section 16B.31, subdivision 5, the
14.13commissioner of administration may acquire an easement for utility and access purposes to
14.14serve the Minnesota correctional facility in the city of Faribault by any of the acquisition
14.15methods permitted by that subdivision even in the absence of a specific appropriation to
14.16the commissioner to acquire the easement.
14.17 Sec. 6. EFFECTIVE DATE.
14.18Sections 1 to 5 are effective the day following final enactment.
14.21 Section 1. Minnesota Statutes 2010, section 169.797, subdivision 4, is amended to read:
14.22 Subd. 4. Penalty. (a) A person who violates this section is guilty of a misdemeanor.
14.23A person is guilty of a gross misdemeanor who violates this section within ten years
14.24of the first of two prior convictions under this section, section169.791 , or a statute or
14.25ordinance in conformity with one of those sections. The operator of a vehicle who violates
14.26subdivision 3 and who causes or contributes to causing a vehicle accident that results in
14.27the death of any person or in substantial bodily harm to any person, as defined in section
14.28609.02, subdivision 7a
, is guilty of a gross misdemeanor. The same prosecuting authority
14.29who is responsible for prosecuting misdemeanor violations of this section is responsible
14.30for prosecuting gross misdemeanor violations of this section. In addition to any sentence
14.31of imprisonment that the court may impose on a person convicted of violating this section,
14.32the court shall impose a fine of not less than $200 nor more than the maximum amount
15.1authorized by law. The court may allow community service in lieu of any fine imposed if
15.2the defendant is indigent.
15.3(b) A driver who is the owner of the vehicle may, no later than the date and time
15.4specified in the citation for the driver's first court appearance, produce proof of insurance
15.5stating that security had been provided for the vehicle that was being operated at the time
15.6of demand to the court administrator. The required proof of insurance may be sent by mail
15.7by the driver as long as it is received no later than the date and time specified in the
15.8citation for the driver's first court appearance. If a citation is issued, no person shall be
15.9convicted of violating this section if the court administrator receives the required proof of
15.10insurance no later than the date and time specified in the citation for the driver's first court
15.11appearance. If the charge is made other than by citation, no person shall be convicted of
15.12violating this section if the person presents the required proof of insurance at the person's
15.13first court appearance after the charge is made.
15.14(c) If the driver is not the owner of the vehicle, the driver shall, no later than the
15.15date and time specified in the citation for the driver's first court appearance, provide the
15.16district court administrator with proof of insurance or the name and address of the owner.
15.17Upon receipt of the name and address of the owner, the district court administrator shall
15.18communicate the information to the law enforcement agency.
15.19(d) If the driver is not the owner of the vehicle, the officer may send or provide a
15.20notice to the owner of the vehicle requiring the owner to produce proof of insurance for
15.21the vehicle that was being operated at the time of the demand. Notice by mail is presumed
15.22to be received five days after mailing and shall be sent to the owner's current address or the
15.23address listed on the owner's driver's license. Within ten days after receipt of the notice,
15.24the owner shall produce the required proof of insurance to the place stated in the notice
15.25received by the owner. The required proof of insurance may be sent by mail by the owner
15.26as long as it is received within ten days. Any owner who fails to produce proof of insurance
15.27within ten days of an officer's request under this subdivision is guilty of a misdemeanor.
15.28The peace officer may mail the citation to the owner's current address or address stated
15.29on the owner's driver's license. It is an affirmative defense to a charge against the owner
15.30that the driver used the owner's vehicle without consent, if insurance would not have been
15.31required in the absence of the unauthorized use by the driver. It is not a defense that a
15.32person failed to notify the Department of Public Safety of a change of name or address as
15.33required under section 171.11. The citation may be sent after the ten-day period.
15.34(b) (e) The court may impose consecutive sentences for offenses arising out of a
15.35single course of conduct as permitted in section609.035, subdivision 2 .
16.1(c) (f) In addition to the criminal penalty, the driver's license of an operator convicted
16.2under this section shall be revoked for not more than 12 months. If the operator is also an
16.3owner of the vehicle, the registration of the vehicle shall also be revoked for not more
16.4than 12 months. Before reinstatement of a driver's license or registration, the operator
16.5shall file with the commissioner of public safety the written certificate of an insurance
16.6carrier authorized to do business in this state stating that security has been provided by the
16.7operator as required by section65B.48 .
16.8(d) (g) The commissioner shall include a notice of the penalties contained in this
16.9section on all forms for registration of vehicles required to maintain a plan of reparation
16.10security.
16.11 Sec. 2. Minnesota Statutes 2010, section 260C.331, subdivision 3, is amended to read:
16.12 Subd. 3. Court expenses. The following expenses are a charge upon the county
16.13in which proceedings are held upon certification of the judge of juvenile court or upon
16.14such other authorization provided by law:
16.15(1) the fees and mileage of witnesses, and the expenses and mileage of officers
16.16serving notices and subpoenas ordered by the court, as prescribed by law;
16.17(2) the expense of transporting a child to a place designated by a child-placing agency
16.18for the care of the child if the court transfers legal custody to a child-placing agency;
16.19(3) the expense of transporting a minor to a place designated by the court;
16.20(4) reasonable compensation for an attorney appointed by the court to serve as
16.21counsel.
16.22The State Guardian Ad Litem Board shall pay for guardian ad litem expenses
16.23and reasonable compensation for an attorney to serve as counsel for a guardian ad
16.24litem, if necessary. In no event may the court order that guardian ad litem expenses or
16.25compensation for an attorney serving as counsel for a guardian ad litem be charged to
16.26a county.
16.27 Sec. 3. Minnesota Statutes 2010, section 357.021, subdivision 6, is amended to read:
16.28 Subd. 6. Surcharges on criminal and traffic offenders. (a) Except as provided
16.29in this paragraph, the court shall impose and the court administrator shall collect a $75
16.30surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or
16.31petty misdemeanor offense, other than a violation of a law or ordinance relating to vehicle
16.32parking, for which there shall be a $12 surcharge. When a defendant is convicted of more
16.33than one offense in a case, the surcharge shall be imposed only once in that case. In the
16.34Second Judicial District, the court shall impose, and the court administrator shall collect,
17.1an additional $1 surcharge on every person convicted of any felony, gross misdemeanor,
17.2misdemeanor, or petty misdemeanor offense, including a violation of a law or ordinance
17.3relating to vehicle parking, if the Ramsey County Board of Commissioners authorizes the
17.4$1 surcharge. The surcharge shall be imposed whether or not the person is sentenced to
17.5imprisonment or the sentence is stayed. The surcharge shall not be imposed when a person
17.6is convicted of a petty misdemeanor for which no fine is imposed.
17.7 (b) If the court fails to impose a surcharge as required by this subdivision, the court
17.8administrator shall show the imposition of the surcharge, collect the surcharge, and
17.9correct the record.
17.10 (c) The court may not waive payment of the surcharge required under this
17.11subdivision. Upon a showing of indigency or undue hardship upon the convicted person
17.12or the convicted person's immediate family, the sentencing court may authorize payment
17.13of the surcharge in installments.
17.14 (d) The court administrator or other entity collecting a surcharge shall forward it to
17.15the commissioner of management and budget.
17.16 (e) If the convicted person is sentenced to imprisonment and has not paid the
17.17surcharge before the term of imprisonment begins, the chief executive officer of the
17.18correctional facility in which the convicted person is incarcerated shall collect the
17.19surcharge from any earnings the inmate accrues from work performed in the facility
17.20or while on conditional release. The chief executive officer shall forward the amount
17.21collected to the court administrator or other entity collecting the surcharge imposed by
17.22the court.
17.23(f) A person whosuccessfully completes a diversion or similar program enters
17.24a diversion program, continuance without prosecution, continuance for dismissal, or
17.25stay of adjudication for a violation of chapter 169 must pay the surcharge described in
17.26this subdivision. A surcharge imposed under this paragraph shall be imposed only once
17.27per case.
17.28(g) The surcharge does not apply to administrative citations issued pursuant to
17.29section169.999 .
17.30 Sec. 4. Minnesota Statutes 2010, section 563.01, subdivision 3, is amended to read:
17.31 Subd. 3. Authorization of forma pauperis. (a) Any court of the state of Minnesota
17.32or any political subdivision thereof may authorize the commencement or defense of any
17.33civil action, or appeal therein, without prepayment of fees, costs and security for costs by
17.34a natural person who makes affidavit stating (a) the nature of the action, defense or appeal,
18.1(b) a belief that affiant is entitled to redress, and (c) that affiant is financially unable to
18.2pay the fees, costs and security for costs.
18.3(b) Upon a finding by the court that the action is not of a frivolous nature, the court
18.4shall allow the person to proceed in forma pauperis if the affidavit is substantially in the
18.5language required by this subdivision and is not found by the court to be untrue. Persons
18.6meeting the requirements of this subdivision include, but are not limited to, a person who
18.7is receiving public assistance, who is represented by an attorney on behalf of a civil legal
18.8services program or a volunteer attorney program based on indigency, or who has an
18.9annual income not greater than 125 percent of the poverty line established under United
18.10States Code, title 42, section 9902(2), except as otherwise provided by section563.02 .
18.11(c) If, at or following commencement of the action, the party is or becomes able to
18.12pay all or a portion of the fees, costs, and security for costs, the court may order payment
18.13of a fee of $75 or reimbursement or partial payment of all or a portion of the fees, costs,
18.14and security for costs, to be paid as directed by the court.
18.15The court administrator shall transmit any fees or payments to the commissioner of
18.16management and budget for deposit in the state treasury and credit to the general fund.
18.17 Sec. 5. EFFECTIVE DATE.
18.18Sections 1 to 4 are effective the day following final enactment.
18.21 Section 1. Minnesota Statutes 2010, section 260B.007, subdivision 6, is amended to
18.22read:
18.23 Subd. 6. Delinquent child. (a) Except as otherwise provided inparagraph
18.24paragraphs (b) and (c), "delinquent child" means a child:
18.25(1) who has violated any state or local law, except as provided in section260B.225,
18.26subdivision 1 , and except for juvenile offenders as described in subdivisions 16 to 18;
18.27(2) who has violated a federal law or a law of another state and whose case has been
18.28referred to the juvenile court if the violation would be an act of delinquency if committed
18.29in this state or a crime or offense if committed by an adult;
18.30(3) who has escaped from confinement to a state juvenile correctional facility after
18.31being committed to the custody of the commissioner of corrections; or
18.32(4) who has escaped from confinement to a local juvenile correctional facility after
18.33being committed to the facility by the court.
19.1(b) The term delinquent child does not include a child alleged to have committed
19.2murder in the first degree after becoming 16 years of age, but the term delinquent child
19.3does include a child alleged to have committed attempted murder in the first degree.
19.4(c) The term delinquent child does not include a child under the age of 16 years
19.5alleged to have engaged in conduct which would, if committed by an adult, violate any
19.6federal, state, or local law relating to being hired, offering to be hired, or agreeing to be
19.7hired by another individual to engage in sexual penetration or sexual conduct.
19.8EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
19.9offenses committed on or after that date.
19.10 Sec. 2. Minnesota Statutes 2010, section 260B.007, subdivision 16, is amended to read:
19.11 Subd. 16. Juvenile petty offender; juvenile petty offense. (a) "Juvenile petty
19.12offense" includes a juvenile alcohol offense, a juvenile controlled substance offense,
19.13a violation of section609.685 , or a violation of a local ordinance, which by its terms
19.14prohibits conduct by a child under the age of 18 years which would be lawful conduct if
19.15committed by an adult.
19.16(b) Except as otherwise provided in paragraph (c), "juvenile petty offense" also
19.17includes an offense that would be a misdemeanor if committed by an adult.
19.18(c) "Juvenile petty offense" does not include any of the following:
19.19(1) a misdemeanor-level violation of section518B.01 ,
588.20 ,
609.224 ,
609.2242 ,
19.20609.324
,
609.5632 ,
609.576 ,
609.66 ,
609.746 ,
609.748 ,
609.79 , or
617.23 ;
19.21(2) a major traffic offense or an adult court traffic offense, as described in section
19.22260B.225
;
19.23(3) a misdemeanor-level offense committed by a child whom the juvenile court
19.24previously has found to have committed a misdemeanor, gross misdemeanor, or felony
19.25offense; or
19.26(4) a misdemeanor-level offense committed by a child whom the juvenile court
19.27has found to have committed a misdemeanor-level juvenile petty offense on two or
19.28more prior occasions, unless the county attorney designates the child on the petition
19.29as a juvenile petty offender notwithstanding this prior record. As used in this clause,
19.30"misdemeanor-level juvenile petty offense" includes a misdemeanor-level offense that
19.31would have been a juvenile petty offense if it had been committed on or after July 1, 1995.
19.32(d) A child who commits a juvenile petty offense is a "juvenile petty offender." The
19.33term juvenile petty offender does not include a child under the age of 16 years alleged
19.34to have violated any law relating to being hired, offering to be hired, or agreeing to be
20.1hired by another individual to engage in sexual penetration or sexual conduct which, if
20.2committed by an adult, would be a misdemeanor.
20.3EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
20.4offenses committed on or after that date.
20.5 Sec. 3. Minnesota Statutes 2010, section 260C.007, subdivision 6, is amended to read:
20.6 Subd. 6. Child in need of protection or services. "Child in need of protection or
20.7services" means a child who is in need of protection or services because the child:
20.8 (1) is abandoned or without parent, guardian, or custodian;
20.9 (2)(i) has been a victim of physical or sexual abuse as defined in section626.556 ,
20.10subdivision 2, (ii) resides with or has resided with a victim of child abuse as defined in
20.11subdivision 5 or domestic child abuse as defined in subdivision 13, (iii) resides with or
20.12would reside with a perpetrator of domestic child abuse as defined in subdivision 13 or
20.13child abuse as defined in subdivision 5 or 13, or (iv) is a victim of emotional maltreatment
20.14as defined in subdivision 15;
20.15 (3) is without necessary food, clothing, shelter, education, or other required care
20.16for the child's physical or mental health or morals because the child's parent, guardian,
20.17or custodian is unable or unwilling to provide that care;
20.18 (4) is without the special care made necessary by a physical, mental, or emotional
20.19condition because the child's parent, guardian, or custodian is unable or unwilling to
20.20provide that care;
20.21 (5) is medically neglected, which includes, but is not limited to, the withholding of
20.22medically indicated treatment from a disabled infant with a life-threatening condition. The
20.23term "withholding of medically indicated treatment" means the failure to respond to the
20.24infant's life-threatening conditions by providing treatment, including appropriate nutrition,
20.25hydration, and medication which, in the treating physician's or physicians' reasonable
20.26medical judgment, will be most likely to be effective in ameliorating or correcting all
20.27conditions, except that the term does not include the failure to provide treatment other
20.28than appropriate nutrition, hydration, or medication to an infant when, in the treating
20.29physician's or physicians' reasonable medical judgment:
20.30 (i) the infant is chronically and irreversibly comatose;
20.31 (ii) the provision of the treatment would merely prolong dying, not be effective in
20.32ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be
20.33futile in terms of the survival of the infant; or
20.34 (iii) the provision of the treatment would be virtually futile in terms of the survival
20.35of the infant and the treatment itself under the circumstances would be inhumane;
21.1 (6) is one whose parent, guardian, or other custodian for good cause desires to be
21.2relieved of the child's care and custody, including a child who entered foster care under a
21.3voluntary placement agreement between the parent and the responsible social services
21.4agency under section260C.212, subdivision 8 ;
21.5 (7) has been placed for adoption or care in violation of law;
21.6 (8) is without proper parental care because of the emotional, mental, or physical
21.7disability, or state of immaturity of the child's parent, guardian, or other custodian;
21.8 (9) is one whose behavior, condition, or environment is such as to be injurious or
21.9dangerous to the child or others. An injurious or dangerous environment may include, but
21.10is not limited to, the exposure of a child to criminal activity in the child's home;
21.11 (10) is experiencing growth delays, which may be referred to as failure to thrive, that
21.12have been diagnosed by a physician and are due to parental neglect;
21.13 (11) has engaged in prostitution as defined in section609.321, subdivision 9 ;
21.14 (12) has committed a delinquent act or a juvenile petty offense before becoming
21.15ten years old;
21.16 (13) is a runaway;
21.17 (14) is a habitual truant;
21.18 (15) has been found incompetent to proceed or has been found not guilty by reason
21.19of mental illness or mental deficiency in connection with a delinquency proceeding, a
21.20certification under section260B.125 , an extended jurisdiction juvenile prosecution, or a
21.21proceeding involving a juvenile petty offense;or
21.22(16) has a parent whose parental rights to one or more other children were
21.23involuntarily terminated or whose custodial rights to another child have been involuntarily
21.24transferred to a relative and there is a case plan prepared by the responsible social services
21.25agency documenting a compelling reason why filing the termination of parental rights
21.26petition under section260C.301, subdivision 3 , is not in the best interests of the child; or
21.27(17) is a sexually exploited youth.
21.28EFFECTIVE DATE.This section is effective August 1, 2011.
21.29 Sec. 4. Minnesota Statutes 2010, section 260C.007, subdivision 11, is amended to read:
21.30 Subd. 11. Delinquent child. "Delinquent child"means a child:
21.31(1) who has violated any state or local law, except as provided in section
260B.225,
21.32subdivision 1
, and except for juvenile offenders as described in subdivisions 19 and 28; or
21.33(2) who has violated a federal law or a law of another state and whose case has been
21.34referred to the juvenile court if the violation would be an act of delinquency if committed
22.1in this state or a crime or offense if committed by an adult has the meaning given in
22.2section 260B.007, subdivision 6.
22.3EFFECTIVE DATE.This section is effective August 1, 2011.
22.4 Sec. 5. Minnesota Statutes 2010, section 260C.007, is amended by adding a
22.5subdivision to read:
22.6 Subd. 31. Sexually exploited youth. "Sexually exploited youth" means an
22.7individual who:
22.8(1) is alleged to have engaged in conduct which would, if committed by an adult,
22.9violate any federal, state, or local law relating to being hired, offering to be hired, or
22.10agreeing to be hired by another individual to engage in sexual penetration or sexual
22.11conduct;
22.12(2) is a victim of a crime described in section 609.342, 609.343, 609.345, 609.3451,
22.13609.3453, 609.352, 617.246, or 617.247;
22.14(3) is a victim of a crime described in United States Code, title 18, section 2260;
22.152421; 2422; 2423; 2425; 2425A; or 2256; or
22.16(4) is a sex trafficking victim as defined in section 609.321, subdivision 7b.
22.17EFFECTIVE DATE.This section is effective August 1, 2011.
22.18 Sec. 6. [609.093] JUVENILE PROSTITUTES; DIVERSION OR CHILD
22.19PROTECTION PROCEEDINGS.
22.20 Subdivision 1. First-time prostitution offense; applicability; procedure. (a) This
22.21section applies to a 16 or 17 year old child alleged to have engaged in prostitution as
22.22defined in section 609.321, subdivision 9, who:
22.23(1) has not been previously adjudicated delinquent for engaging in prostitution as
22.24defined in section 609.321, subdivision 9;
22.25(2) has not previously participated in or completed a diversion program for engaging
22.26in prostitution as defined in section 609.321, subdivision 9;
22.27(3) has not previously been placed on probation without an adjudication or received
22.28a continuance under section 260B.198, subdivision 7, for engaging in prostitution as
22.29defined in section 609.321, subdivision 9;
22.30(4) has not previously been found to be a child in need of protection or services for
22.31engaging in prostitution as defined in section 609.321, subdivision 9, or because the child is
22.32a sexually exploited youth as defined in section 260C.007, subdivision 31, clause (1); and
23.1(5) agrees to successfully complete a diversion program under section 388.24 or
23.2fully comply with a disposition order under section 260C.201.
23.3(b) The prosecutor shall refer a child described in paragraph (a) to a diversion
23.4program under section 388.24 or file a petition under section 260C.141 alleging the child
23.5to be in need of protection or services.
23.6 Subd. 2. Failure to comply. If a child fails to successfully complete diversion or
23.7fails to fully comply with a disposition order under section 260C.201, the child may be
23.8referred back to the court for further proceedings under chapter 260B.
23.9 Subd. 3. Dismissal of charge. The court shall dismiss the charge against the child if
23.10any of the following apply:
23.11(1) the prosecutor referred the child to diversion program and the prosecutor notifies
23.12the court that the child successfully completed the program;
23.13(2) the prosecutor filed a petition under section 260C.141 and the court does not find
23.14that the child is in need of protection or services; or
23.15(3) the prosecutor filed a petition under section 260C.141, the court entered an order
23.16under section 260C.201, and the child fully complied with the order.
23.17EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
23.18offenses committed on or after that date.
23.19 Sec. 7. Minnesota Statutes 2010, section 609.3241, is amended to read:
23.20609.3241 PENALTY ASSESSMENT AUTHORIZED.
23.21(a) When a court sentences an adult convicted of violating section609.322 or
23.22609.324
, while acting other than as a prostitute, the court shall impose an assessment of
23.23not less than$250 $500 and not more than $500 $750 for a violation of section
609.324,
23.24subdivision 2 , or a misdemeanor violation of section
609.324, subdivision 3 ; otherwise
23.25the court shall impose an assessment of not less than$500 $750 and not more than
23.26$1,000. Themandatory minimum portion of the assessment is to be used for the purposes
23.27described in section
626.558, subdivision 2a, shall be distributed as provided in paragraph
23.28(c) and is in addition to the surcharge required by section357.021, subdivision 6 . Any
23.29portion of the assessment imposed in excess of the mandatory minimum amount shall be
23.30deposited in an account in the special revenue fund and is appropriated annually to the
23.31commissioner of public safety. The commissioner, with the assistance of the General
23.32Crime Victims Advisory Council, shall use money received under this section for grants to
23.33agencies that provide assistance to individuals who have stopped or wish to stop engaging
24.1in prostitution. Grant money may be used to provide these individuals with medical care,
24.2child care, temporary housing, and educational expenses.
24.3(b) The court may not waive payment of the minimum assessment required by
24.4this section. If the defendant qualifies for the services of a public defender or the court
24.5finds on the record that the convicted person is indigent or that immediate payment of
24.6the assessment would create undue hardship for the convicted person or that person's
24.7immediate family, the court may reduce the amount of the minimum assessment to not
24.8less than $100. The court also may authorize payment of the assessment in installments.
24.9(c) The assessment collected under paragraph (a) must be distributed as follows:
24.10(1) 40 percent of the assessment shall be forwarded to the political subdivision that
24.11employs the arresting officer for use in enforcement, training, and education activities
24.12related to combating sexual exploitation of youth, or if the arresting officer is an employee
24.13of the state, this portion shall be forwarded to the commissioner of public safety for those
24.14purposes identified in clause (3);
24.15(2) 20 percent of the assessment shall be forwarded to the prosecuting agency that
24.16handled the case for use in training and education activities relating to combating sexual
24.17exploitation activities of youth; and
24.18(3) 40 percent of the assessment must be forwarded to the commissioner of public
24.19safety to be deposited in the safe harbor for youth account in the special revenue fund
24.20and are appropriated to the commissioner for distribution to crime victims services
24.21organizations that provide services to sexually exploited youth, as defined in section
24.22260C.007, subdivision 31.
24.23(d) A safe harbor for youth account is established as a special account in the state
24.24treasury.
24.25EFFECTIVE DATE.This section is effective August 1, 2011.
24.26 Sec. 8. Minnesota Statutes 2010, section 626.558, subdivision 2a, is amended to read:
24.27 Subd. 2a.Juvenile prostitution Sexually exploited youth outreach program. A
24.28multidisciplinary child protection team may assist the local welfare agency, local law
24.29enforcement agency, or an appropriate private organization in developing a program of
24.30outreach services forjuveniles who are engaging in prostitution sexually exploited youth,
24.31including homeless, runaway, and truant youth who are at risk of sexual exploitation.
24.32For the purposes of this subdivision, at least one representative of a youth intervention
24.33program or, where this type of program is unavailable, one representative of a nonprofit
24.34agency serving youth in crisis, shall be appointed to and serve on the multidisciplinary
24.35child protection team in addition to the standing members of the team. These services may
25.1include counseling, medical care, short-term shelter, alternative living arrangements, and
25.2drop-in centers.The county may finance these services by means of the penalty assessment
25.3authorized by section
609.3241. A juvenile's receipt of intervention services under this
25.4subdivision may not be conditioned upon the juvenile providing any evidence or testimony.
25.5EFFECTIVE DATE.This section is effective August 1, 2011.
25.6 Sec. 9. SAFE HARBOR FOR SEX TRAFFICKED YOUTH; SEXUALLY
25.7EXPLOITED YOUTH; STATEWIDE VICTIM SERVICES MODEL.
25.8(a) If sufficient funding from outside sources is donated, the commissioner of public
25.9safety shall develop a statewide model as provided in this section. By June 30, 2012, the
25.10commissioner of public safety, in consultation with the commissioners of health and
25.11human services, shall develop a victim services model to address the needs of sexually
25.12exploited youth and youth at risk of sexual exploitation. The commissioner shall take into
25.13consideration the findings and recommendations as reported to the legislature on the
25.14results of the safe harbor for sexually exploited youth pilot project authorized by Laws
25.152006, chapter 282, article 13, section 4, paragraph (b). In addition, the commissioner
25.16shall seek recommendations from prosecutors, public safety officials, public health
25.17professionals, child protection workers, and service providers.
25.18(b) By January 15, 2013, the commissioner of public safety shall report to the chairs
25.19and ranking minority members of the senate and house of representatives divisions having
25.20jurisdiction over health and human services and criminal justice funding and policy on the
25.21development of the statewide model, including recommendations for additional legislation
25.22or funding for services for sexually exploited youth or youth at risk of sexual exploitation.
25.23(c) As used in this section, "sexually exploited youth" has the meaning given in
25.24section 260C.007, subdivision 31.
25.25EFFECTIVE DATE.This section is effective August 1, 2011.
25.28 Section 1. Minnesota Statutes 2010, section 609.321, subdivision 4, is amended to read:
25.29 Subd. 4. Patron. "Patron" means an individual whohires or offers or agrees
25.30engages in prostitution by hiring, offering to hire, or agreeing to hire another individual to
25.31engage in sexual penetration or sexual contact.
26.1EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
26.2committed on or after that date.
26.3 Sec. 2. Minnesota Statutes 2010, section 609.321, subdivision 8, is amended to read:
26.4 Subd. 8. Prostitute. "Prostitute" means an individual who engages in prostitution
26.5by being hired, offering to be hired, or agreeing to be hired by another individual to
26.6engage in sexual penetration or sexual contact.
26.7EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
26.8committed on or after that date.
26.9 Sec. 3. Minnesota Statutes 2010, section 609.321, subdivision 9, is amended to read:
26.10 Subd. 9. Prostitution. "Prostitution" meansengaging or offering or agreeing to
26.11engage for hire hiring, offering to hire, or agreeing to hire another individual to engage in
26.12sexual penetration or sexual contact, or being hired, offering to be hired, or agreeing to be
26.13hired by another individual to engage in sexual penetration or sexual contact.
26.14EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
26.15committed on or after that date.
26.16 Sec. 4. Minnesota Statutes 2010, section 609.324, subdivision 2, is amended to read:
26.17 Subd. 2. Prostitution in public place; penalty for patrons. Whoever, while acting
26.18as a patron, intentionally does any of the following while in a public place is guilty of a
26.19gross misdemeanor:
26.20(1) engages in prostitution with an individual 18 years of age or older; or
26.21(2) hiresor, offers to hire, or agrees to hire an individual 18 years of age or older to
26.22engage in sexual penetration or sexual contact.
26.23Except as otherwise provided in subdivision 4, a person who is convicted of violating this
26.24subdivisionwhile acting as a patron must, at a minimum, be sentenced to pay a fine
26.25of at least $1,500.
26.26EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
26.27committed on or after that date.
26.28 Sec. 5. Minnesota Statutes 2010, section 609.324, subdivision 3, is amended to read:
26.29 Subd. 3. General prostitution crimes; penalties for patrons. (a) Whoever, while
26.30acting as a patron, intentionally does any of the following is guilty of a misdemeanor:
27.1(1) engages in prostitution with an individual 18 years of age orabove older; or
27.2(2) hiresor, offers to hire, or agrees to hire an individual 18 years of age or above
27.3older to engage in sexual penetration or sexual contact. Except as otherwise provided in
27.4subdivision 4, a person who is convicted of violating this paragraphwhile acting as a
27.5patron must, at a minimum, be sentenced to pay a fine of at least $500.
27.6(b) Whoever violates the provisions of this subdivision within two years of a
27.7previous prostitution conviction for violating this section or section609.322 is guilty
27.8of a gross misdemeanor. Except as otherwise provided in subdivision 4, a person who
27.9is convicted of violating this paragraphwhile acting as a patron must, at a minimum,
27.10be sentenced as follows:
27.11(1) to pay a fine of at least $1,500; and
27.12(2) to serve 20 hours of community work service.
27.13The court may waive the mandatory community work service if it makes specific,
27.14written findings that the community work service is not feasible or appropriate under the
27.15circumstances of the case.
27.16EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
27.17committed on or after that date.
27.18 Sec. 6. Minnesota Statutes 2010, section 609.324, is amended by adding a subdivision
27.19to read:
27.20 Subd. 6. Prostitution in public place; penalty for prostitutes. Whoever, while
27.21acting as a prostitute, intentionally does any of the following while in a public place is
27.22guilty of a gross misdemeanor:
27.23(1) engages in prostitution with an individual 18 years of age or older; or
27.24(2) is hired, offers to be hired, or agrees to be hired by an individual 18 years of age
27.25or older to engage in sexual penetration or sexual contact.
27.26EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
27.27committed on or after that date.
27.28 Sec. 7. Minnesota Statutes 2010, section 609.324, is amended by adding a subdivision
27.29to read:
27.30 Subd. 7. General prostitution crimes; penalties for prostitutes. (a) Whoever,
27.31while acting as a prostitute, intentionally does any of the following is guilty of a
27.32misdemeanor:
27.33(1) engages in prostitution with an individual 18 years of age or older; or
28.1(2) is hired, offers to be hired, or agrees to be hired by an individual 18 years of age
28.2or older to engage in sexual penetration or sexual contact.
28.3(b) Whoever violates the provisions of this subdivision within two years of a
28.4previous prostitution conviction for violating this section or section 609.322 is guilty
28.5of a gross misdemeanor.
28.6EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
28.7committed on or after that date.
1.3courts and sentencing, sexually exploited youth, and prostitution crimes;
1.4requesting studies; requesting reports; providing for penalties; appropriating
1.5money for public safety, corrections, human rights, courts, civil legal services,
1.6Guardian Ad Litem Board, Uniform Laws Commission, Board on Judicial
1.7Standards, and sentencing guidelines;amending Minnesota Statutes 2010,
1.8sections 169.797, subdivision 4; 243.212; 260B.007, subdivisions 6, 16;
1.9260C.007, subdivisions 6, 11, by adding a subdivision; 260C.331, subdivision
1.103; 297I.06, subdivision 3; 357.021, subdivision 6; 563.01, subdivision 3;
1.11609.321, subdivisions 4, 8, 9; 609.324, subdivisions 2, 3, by adding subdivisions;
1.12609.3241; 626.558, subdivision 2a; 626.8458, subdivision 5; 641.15, subdivision
1.132; proposing coding for new law in Minnesota Statutes, chapter 609.
1.14BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
| 1.17 |
Section 1. SUMMARY OF APPROPRIATIONS. |
||||||
1.19in this article.
| 2.4 |
Sec. 2. APPROPRIATIONS. |
||||||
2.6agencies and for the purposes specified in this article. The appropriations are from the
2.7general fund, or another named fund, and are available for the fiscal years indicated
2.8for each purpose. The figures "2012" and "2013" used in this article mean that the
2.9appropriations listed under them are available for the fiscal year ending June 30, 2012, or
2.10June 30, 2013, respectively. "The first year" is fiscal year 2012. "The second year" is fiscal
2.11year 2013. "The biennium" is fiscal years 2012 and 2013.
| 2.12 |
APPROPRIATIONS |
||||||
| 2.13 |
Available for the Year |
||||||
| 2.14 |
Ending June 30 |
||||||
| 2.15 |
2012 |
2013 |
|||||
| 2.16 |
Sec. 3. SUPREME COURT |
||||||
| 2.17 |
Subdivision 1.Total Appropriation |
$ |
41,474,000 |
$ |
41,775,000 |
||
2.19purpose are specified in the following
2.20subdivisions.
| 2.21 |
Subd. 2.Supreme Court Operations |
30,458,000 |
30,759,000 |
||||
2.23is for a contingent account for expenses
2.24necessary for the normal operation of the
2.25court for which no other reimbursement is
2.26provided.
2.27(b) Employee Health Care. The chief justice
2.28of the Supreme Court is requested to study
2.29and report to the chairs and ranking minority
2.30members of the house of representatives and
2.31senate committees with jurisdiction over
2.32judiciary finance by January 15, 2012, on
2.33the advantages and disadvantages of having
2.34judicial branch officials and employees
3.1leave the state employee group insurance
3.2program and form their own group benefit
3.3plan, including the option of shifting to a
3.4plan based on high-deductible health savings
3.5accounts.
3.6(c) Judicial and Referee Vacancies.
3.7The Supreme Court shall not certify a
3.8judicial or referee vacancy under Minnesota
3.9Statutes, section 2.722, until it has examined
3.10alternative options, such as temporarily
3.11suspending certification of the vacant
3.12position or assigning a retired judge to
3.13temporarily fill the position.
| 3.14 |
Subd. 3.Civil Legal Services |
11,016,000 |
11,016,000 |
||||
3.16Clients in Family Law Matters. Of this
3.17appropriation, $877,000 each year is to
3.18improve the access of low-income clients to
3.19legal representation in family law matters.
3.20This appropriation must be distributed
3.21under Minnesota Statutes, section 480.242,
3.22to the qualified legal services programs
3.23described in Minnesota Statutes, section
3.24480.242, subdivision 2, paragraph (a). Any
3.25unencumbered balance remaining in the first
3.26year does not cancel and is available in the
3.27second year.
3.28(b) Case Priorities. For legal services
3.29funded by state funds, priority must be
3.30given to clients with civil matters within the
3.31jurisdiction of the state courts or agencies.
| 3.32 |
Sec. 4. COURT OF APPEALS |
$ |
10,106,000 |
$ |
10,228,000 |
||
| 3.33 |
Sec. 5. TRIAL COURTS |
$ |
233,511,000 |
$ |
236,828,000 |
||
| 4.1 |
Sec. 6. GUARDIAN AD LITEM BOARD |
$ |
12,067,000 |
$ |
12,067,000 |
||
4.3guardians to clients who are entitled by
4.4statute to representation prior to clients for
4.5whom the courts request guardians but who
4.6are not entitled to a guardian under statute.
| 4.7 |
Sec. 7. TAX COURT |
$ |
825,000 |
$ |
825,000 |
||
4.9judge shall hold hearings and meetings or
4.10otherwise conduct regular business on all
4.11days that executive branch agencies are open
4.12for business.
| 4.13 |
Sec. 8. UNIFORM LAWS COMMISSION |
$ |
49,000 |
$ |
49,000 |
||
| 4.14 |
Sec. 9. BOARD ON JUDICIAL STANDARDS |
$ |
746,000 |
$ |
456,000 |
||
4.16Board on Judicial Standards for deficiencies
4.17occurring in fiscal year 2011.
4.18(b) $125,000 each year is for special
4.19investigative and hearing costs for major
4.20disciplinary actions undertaken by the
4.21board. This appropriation does not cancel.
4.22Any encumbered and unspent balances
4.23remain available for these expenditures in
4.24subsequent fiscal years.
| 4.25 |
Sec. 10. BOARD OF PUBLIC DEFENSE |
$ |
65,976,000 |
$ |
65,976,000 |
||
4.27beyond the projected fiscal year 2012
4.28and 2013 baseline appropriation for any
4.29or all of the following: constitutionally
4.30mandated services required under Padilla v.
4.31Kentucky, 130 S. Ct. 1473 (2010), increased
5.1transcript costs, expert witness costs, and
5.2investigations, and to alleviate caseloads by
5.3hiring additional public defenders. The board
5.4may prioritize expenditures as it deems most
5.5appropriate.
| 5.6 |
Sec. 11. PUBLIC SAFETY |
||||||
| 5.7 5.8 |
Subdivision 1.Total Appropriation |
$ |
159,987,000 |
$ |
157,373,000 |
5.18purpose are specified in the following
5.19subdivisions.
| 5.20 5.21 |
Subd. 2.Emergency Management |
2,525,000 |
2,525,000 |
| 5.22 |
Appropriations by Fund |
|||
| 5.23 |
General |
1,852,000 |
1,852,000 |
|
| 5.24 |
Special Revenue |
604,000 |
604,000 |
|
| 5.25 |
Environmental |
69,000 |
69,000 |
|
5.27$604,000 each year is appropriated from the
5.28fire safety account in the special revenue
5.29fund. These amounts must be used to
5.30fund the hazardous materials and chemical
5.31assessment teams.
| 5.32 5.33 |
Subd. 3.Criminal Apprehension |
42,237,000 |
42,237,000 |
| 5.34 |
Appropriations by Fund |
|||
| 5.35 |
General |
40,289,000 |
40,289,000 |
|
| 6.1 6.2 |
State Government Special Revenue |
7,000 |
7,000 |
|
| 6.3 |
Trunk Highway |
1,941,000 |
1,941,000 |
|
6.5Notwithstanding Minnesota Statutes, section
6.6
6.7is appropriated from the trunk highway fund
6.8for laboratory analysis related to driving
6.9while impaired cases.
| 6.10 |
Subd. 4.Fire Marshal |
9,984,000 |
9,985,000 |
6.12account in the special revenue fund and is for
6.13activities under Minnesota Statutes, section
6.14299F.012.
6.15Of this amount: (1) $5,757,000 each year
6.16is for activities under Minnesota Statutes,
6.17section 299F.012; and (2) $4,227,000 the first
6.18year and $4,228,000 the second year are for
6.19transfers to the general fund under Minnesota
6.20Statutes, section 297I.06, subdivision 3.
| 6.21 6.22 |
Subd. 5.Alcohol and Gambling Enforcement |
2,236,000 |
2,236,000 |
| 6.23 |
Appropriations by Fund |
|||
| 6.24 |
General |
1,583,000 |
1,583,000 |
|
| 6.25 |
Special Revenue |
653,000 |
653,000 |
|
6.27enforcement account in the special revenue
6.28fund. Of this appropriation, $500,000 each
6.29year shall be transferred to the general fund.
6.30The transfer amount for fiscal year 2014 and
6.31fiscal year 2015 shall be $500,000 per year.
| 6.32 6.33 |
Subd. 6.Office of Justice Programs |
33,057,000 |
33,057,000 |
| 7.1 |
Appropriations by Fund |
|||
| 7.2 |
General |
32,961,000 |
32,961,000 |
|
| 7.3 7.4 |
State Government Special Revenue |
96,000 |
96,000 |
|
7.6of the grant money appropriated in this
7.7subdivision may be used to administer the
7.8grant program.
| 7.9 7.10 |
Subd. 7.Emergency Communication Networks |
69,948,000 |
67,333,000 |
7.12government special revenue fund for 911
7.13emergency telecommunications services.
7.14(a) Public Safety Answering Points.
7.15$13,664,000 each year is to be distributed
7.16as provided in Minnesota Statutes, section
7.17403.113, subdivision 2.
7.18(b) Medical Resource Communication
7.19Centers. $683,000 each year is for grants
7.20to the Minnesota Emergency Medical
7.21Services Regulatory Board for the Metro
7.22East and Metro West Medical Resource
7.23Communication Centers that were in
7.24operation before January 1, 2000.
7.25(c) ARMER Debt Service. $23,261,000
7.26each year is to the commissioner of
7.27management and budget to pay debt service
7.28on revenue bonds issued under Minnesota
7.29Statutes, section 403.275.
7.30Any portion of this appropriation not needed
7.31to pay debt service in a fiscal year may be
7.32used by the commissioner of public safety to
7.33pay cash for any of the capital improvements
7.34for which bond proceeds were appropriated
7.35by Laws 2005, chapter 136, article 1, section
8.19, subdivision 8, or Laws 2007, chapter 54,
8.2article 1, section 10, subdivision 8.
8.3(d) Metropolitan Council Debt Service.
8.4$1,410,000 each year is to the commissioner
8.5of management and budget for payment to
8.6the Metropolitan Council for debt service
8.7on bonds issued under Minnesota Statutes,
8.8section 403.27.
8.9(e) ARMER State Backbone Operating
8.10Costs. $8,300,000 the first year and
8.11$8,650,000 the second year are to the
8.12commissioner of transportation for costs
8.13of maintaining and operating the statewide
8.14radio system backbone.
8.15(f) ARMER Improvements. $1,000,000
8.16each year is for the Statewide Radio Board
8.17for costs of design, construction, maintenance
8.18of, and improvements to those elements
8.19of the statewide public safety radio and
8.20communication system that support mutual
8.21aid communications and emergency medical
8.22services or provide enhancement of public
8.23safety communication interoperability.
| 8.24 8.25 |
Sec. 12. PEACE OFFICER STANDARDS AND TRAINING (POST) BOARD |
$ |
3,770,000 |
$ |
3,770,000 |
||
8.27appropriation is from the peace officer
8.28training account in the special revenue fund.
8.29Any new receipts credited to that account in
8.30the first year in excess of $3,770,000 must be
8.31transferred and credited to the general fund.
8.32Any new receipts credited to that account in
8.33the second year in excess of $3,770,000 must
8.34be transferred and credited to the general
8.35fund.
9.1(b) Peace Officer Training
9.2Reimbursements. $2,634,000 each
9.3year is for reimbursements to local
9.4governments for peace officer training costs.
| 9.5 |
Sec. 13. PRIVATE DETECTIVE BOARD |
$ |
120,000 |
$ |
120,000 |
||
| 9.6 |
Sec. 14. HUMAN RIGHTS |
$ |
3,171,000 |
$ |
3,171,000 |
||
| 9.7 |
Sec. 15. DEPARTMENT OF CORRECTIONS |
||||||
| 9.8 9.9 |
Subdivision 1.Total Appropriation |
$ |
457,023,000 |
$ |
458,032,000 |
| 9.10 |
Appropriations by Fund |
|||
| 9.11 |
2012 |
2013 |
||
| 9.12 |
General |
456,133,000 |
457,142,000 |
|
| 9.13 |
Special Revenue |
890,000 |
890,000 |
|
9.15purpose are specified in the following
9.16subdivisions.
| 9.17 9.18 |
Subd. 2.Correctional Institutions |
327,182,000 |
328,191,000 |
| 9.19 |
Appropriations by Fund |
|||
| 9.20 |
General |
326,602,000 |
327,611,000 |
|
| 9.21 |
Special Revenue |
580,000 |
580,000 |
|
9.23be $330,000,000 in fiscal year 2014 and
9.24$332,852,000 in fiscal year 2015.
9.25Correctional Study. In implementing
9.26this appropriation the commissioner of
9.27corrections shall consider studying the
9.28following topics:
9.29(1) adoption of an earned credit program for
9.30inmates in the state correctional facilities
9.31similar to the programs in 36 other states;
10.1(2) the federal immigration and customs
10.2enforcement rapid REPAT program and the
10.3potential for the state to participate in the
10.4program;
10.5(3) expanding the use of medical and other
10.6forms of early release;
10.7(4) the feasibility of closing a wing or an
10.8entire state facility or leasing vacant prison
10.9space to house inmates from other states;
10.10(5) reducing inmate medical costs; and
10.11(6) reforming the department's role in the
10.12juvenile justice system including closing
10.13juvenile facilities.
| 10.14 10.15 |
Subd. 3.Community Services |
108,937,000 |
108,937,000 |
| 10.16 |
Appropriations by Fund |
|||
| 10.17 |
General |
108,837,000 |
108,837,000 |
|
| 10.18 |
Special Revenue |
100,000 |
100,000 |
|
10.20implementing this appropriation the
10.21commissioner of corrections, in consultation
10.22with staff of the Sentencing Guidelines
10.23Commission and representatives from
10.24community corrections agencies, shall
10.25consider developing performance incentives
10.26for counties to reduce the number of
10.27probation revocations. The commissioner
10.28is encouraged to review policies in states
10.29that have implemented performance
10.30incentive programs. In implementing
10.31this appropriation the commissioner shall
10.32consider examining:
10.33(1) the revocation rate differences between
10.34counties;
11.1(2) granting earned compliance credits for
11.2offenders on probation;
11.3(3) recent innovations in probation services,
11.4such as the HOPE program and the
11.5Georgia model, to determine the feasibility
11.6of implementing similar programs in
11.7Minnesota;
11.8(4) limiting prison time for first time
11.9probation revocations; and
11.10(5) the impact of adopting one, unified
11.11probation and supervised release delivery
11.12system in the state.
| 11.13 11.14 |
Subd. 4.Operations Support |
20,904,000 |
20,904,000 |
| 11.15 |
Appropriations by Fund |
|||
| 11.16 |
General |
20,694,000 |
20,694,000 |
|
| 11.17 |
Special Revenue |
210,000 |
210,000 |
|
| 11.18 |
Subd. 5.Transfers |
11.20Statutes, section 241.27, the commissioner
11.21of management and budget shall transfer
11.22$600,000 the first year and $600,000 the
11.23second year from the Minnesota correctional
11.24industries revolving fund to the general fund.
11.25These are onetime transfers.
11.26(b) Various Special Revenue Accounts.
11.27Notwithstanding any law to the contrary,
11.28the commissioner of management and
11.29budget shall transfer $400,000 the first year
11.30and $400,000 the second year from the
11.31Department of Corrections' special revenue
11.32accounts to the general fund. These are
11.33onetime transfers. The commissioner of
11.34corrections shall adjust expenditures to stay
11.35within the remaining revenues.
| 12.1 |
Sec. 16. SENTENCING GUIDELINES |
$ |
586,000 |
$ |
586,000 |
||
12.2 Sec. 17. PROHIBITION ON USE OF APPROPRIATIONS
12.3 No portion of the appropriations in sections 3 to 10 and 16 may be used for the
12.4purchase of motor vehicles or out-of-state travel that is not directly connected with and
12.5necessary to carry out the core functions of the organizations funded in this article.
12.6 Sec. 18. CAPPING MILEAGE REIMBURSEMENT.
12.7For entities funded by an appropriation in sections 3 to 10 and 16, no official or
12.8employee may be reimbursed for mileage expenses at a rate that exceeds 51 cents per mile.
12.9 Sec. 19. EFFECTIVE DATE; RELATIONSHIP TO OTHER
12.10APPROPRIATIONS.
12.11Unless otherwise specified, this article is effective retroactively from July 1, 2011,
12.12and supersedes and replaces funding authorized by orders of the Second Judicial District
12.13Court in Case Nos. 62-CV-11-5203 and 62-CV-11-5361.
12.16 Section 1. Minnesota Statutes 2010, section 243.212, is amended to read:
12.17243.212 CO-PAYMENTS FOR HEALTH SERVICES.
12.18Any inmate of an adult correctional facility under the control of the commissioner
12.19of corrections shall incur co-payment obligations for health care services provided. The
12.20co-payment shall be at least $5 per visit to a health care provider. The co-payment will be
12.21paid from the inmate account of earnings and other funds, as provided in section
12.22subdivision 3
12.23of corrections for the delivery of health care services to inmates.
12.24 Sec. 2. Minnesota Statutes 2010, section 297I.06, subdivision 3, is amended to read:
12.25 Subd. 3. Fire safety account, annual transfers, allocation. A special account, to
12.26be known as the fire safety account, is created in the state treasury. The account consists
12.27of the proceeds under subdivisions 1 and 2.
12.28
12.29in fiscal year
13.1safety account in the special revenue fund to the general fund to offset the loss of revenue
13.2caused by the repeal of the one-half of one percent tax on fire insurance premiums.
13.3 Sec. 3. Minnesota Statutes 2010, section 626.8458, subdivision 5, is amended to read:
13.4 Subd. 5. In-service training in police pursuits required. The chief law
13.5enforcement officer of every state and local law enforcement agency shall provide
13.6in-service training in emergency vehicle operations and in the conduct of police pursuits
13.7to every peace officer and part-time peace officer employed by the agency who the
13.8chief law enforcement officer determines may be involved in a police pursuit given the
13.9officer's responsibilities. The training shall comply with learning objectives developed
13.10and approved by the board and shall consist of at least eight hours of classroom and
13.11skills-based training every
13.12 Sec. 4. Minnesota Statutes 2010, section 641.15, subdivision 2, is amended to read:
13.13 Subd. 2. Medical aid. Except as provided in section
13.14shall pay the costs of medical services provided to prisoners pursuant to this section.
13.15The amount paid by the
13.16maximum allowed medical assistance payment rate for the service, as determined by
13.17the commissioner of human services.
13.18or medical insurance or health plan that has a contractual obligation with the provider or
13.19the prisoner, medical providers shall charge no higher than the rate negotiated between
13.20the county and the provider. In the absence of an agreement between the county and the
13.21provider, the provider may not charge
13.22
13.23
13.24maximum allowed medical assistance payment rate for the service, as determined by
13.25the commissioner of human services. The county is entitled to reimbursement from the
13.26prisoner for payment of medical bills to the extent that the prisoner to whom the medical
13.27aid was provided has the ability to pay the bills. The prisoner shall, at a minimum, incur
13.28co-payment obligations for health care services provided by a county correctional facility.
13.29The county board shall determine the co-payment amount. Notwithstanding any law to the
13.30contrary, the co-payment shall be deducted from any of the prisoner's funds held by the
13.31county, to the extent possible. If there is a disagreement between the county and a prisoner
13.32concerning the prisoner's ability to pay, the court with jurisdiction over the defendant shall
13.33determine the extent, if any, of the prisoner's ability to pay for the medical services. If
13.34a prisoner is covered by health or medical insurance or other health plan when medical
14.1services are provided, the medical provider shall bill that health or medical insurance or
14.2other plan. If the county providing the medical services for a prisoner that has coverage
14.3under health or medical insurance or other plan, that county has a right of subrogation to
14.4be reimbursed by the insurance carrier for all sums spent by it for medical services to the
14.5prisoner that are covered by the policy of insurance or health plan, in accordance with the
14.6benefits, limitations, exclusions, provider restrictions, and other provisions of the policy or
14.7health plan. The county may maintain an action to enforce this subrogation right. The
14.8county does not have a right of subrogation against the medical assistance program or the
14.9general assistance medical care program.
14.10 Sec. 5. ACQUISITION OF EASEMENT; MINNESOTA CORRECTIONAL
14.11FACILITY IN FARIBAULT.
14.12Notwithstanding Minnesota Statutes, section 16B.31, subdivision 5, the
14.13commissioner of administration may acquire an easement for utility and access purposes to
14.14serve the Minnesota correctional facility in the city of Faribault by any of the acquisition
14.15methods permitted by that subdivision even in the absence of a specific appropriation to
14.16the commissioner to acquire the easement.
14.17 Sec. 6. EFFECTIVE DATE.
14.18Sections 1 to 5 are effective the day following final enactment.
14.21 Section 1. Minnesota Statutes 2010, section 169.797, subdivision 4, is amended to read:
14.22 Subd. 4. Penalty. (a) A person who violates this section is guilty of a misdemeanor.
14.23A person is guilty of a gross misdemeanor who violates this section within ten years
14.24of the first of two prior convictions under this section, section
14.25ordinance in conformity with one of those sections. The operator of a vehicle who violates
14.26subdivision 3 and who causes or contributes to causing a vehicle accident that results in
14.27the death of any person or in substantial bodily harm to any person, as defined in section
14.29who is responsible for prosecuting misdemeanor violations of this section is responsible
14.30for prosecuting gross misdemeanor violations of this section. In addition to any sentence
14.31of imprisonment that the court may impose on a person convicted of violating this section,
14.32the court shall impose a fine of not less than $200 nor more than the maximum amount
15.1authorized by law. The court may allow community service in lieu of any fine imposed if
15.2the defendant is indigent.
15.3(b) A driver who is the owner of the vehicle may, no later than the date and time
15.4specified in the citation for the driver's first court appearance, produce proof of insurance
15.5stating that security had been provided for the vehicle that was being operated at the time
15.6of demand to the court administrator. The required proof of insurance may be sent by mail
15.7by the driver as long as it is received no later than the date and time specified in the
15.8citation for the driver's first court appearance. If a citation is issued, no person shall be
15.9convicted of violating this section if the court administrator receives the required proof of
15.10insurance no later than the date and time specified in the citation for the driver's first court
15.11appearance. If the charge is made other than by citation, no person shall be convicted of
15.12violating this section if the person presents the required proof of insurance at the person's
15.13first court appearance after the charge is made.
15.14(c) If the driver is not the owner of the vehicle, the driver shall, no later than the
15.15date and time specified in the citation for the driver's first court appearance, provide the
15.16district court administrator with proof of insurance or the name and address of the owner.
15.17Upon receipt of the name and address of the owner, the district court administrator shall
15.18communicate the information to the law enforcement agency.
15.19(d) If the driver is not the owner of the vehicle, the officer may send or provide a
15.20notice to the owner of the vehicle requiring the owner to produce proof of insurance for
15.21the vehicle that was being operated at the time of the demand. Notice by mail is presumed
15.22to be received five days after mailing and shall be sent to the owner's current address or the
15.23address listed on the owner's driver's license. Within ten days after receipt of the notice,
15.24the owner shall produce the required proof of insurance to the place stated in the notice
15.25received by the owner. The required proof of insurance may be sent by mail by the owner
15.26as long as it is received within ten days. Any owner who fails to produce proof of insurance
15.27within ten days of an officer's request under this subdivision is guilty of a misdemeanor.
15.28The peace officer may mail the citation to the owner's current address or address stated
15.29on the owner's driver's license. It is an affirmative defense to a charge against the owner
15.30that the driver used the owner's vehicle without consent, if insurance would not have been
15.31required in the absence of the unauthorized use by the driver. It is not a defense that a
15.32person failed to notify the Department of Public Safety of a change of name or address as
15.33required under section 171.11. The citation may be sent after the ten-day period.
15.34
15.35single course of conduct as permitted in section
16.1
16.2under this section shall be revoked for not more than 12 months. If the operator is also an
16.3owner of the vehicle, the registration of the vehicle shall also be revoked for not more
16.4than 12 months. Before reinstatement of a driver's license or registration, the operator
16.5shall file with the commissioner of public safety the written certificate of an insurance
16.6carrier authorized to do business in this state stating that security has been provided by the
16.7operator as required by section
16.8
16.9section on all forms for registration of vehicles required to maintain a plan of reparation
16.10security.
16.11 Sec. 2. Minnesota Statutes 2010, section 260C.331, subdivision 3, is amended to read:
16.12 Subd. 3. Court expenses. The following expenses are a charge upon the county
16.13in which proceedings are held upon certification of the judge of juvenile court or upon
16.14such other authorization provided by law:
16.15(1) the fees and mileage of witnesses, and the expenses and mileage of officers
16.16serving notices and subpoenas ordered by the court, as prescribed by law;
16.17(2) the expense of transporting a child to a place designated by a child-placing agency
16.18for the care of the child if the court transfers legal custody to a child-placing agency;
16.19(3) the expense of transporting a minor to a place designated by the court;
16.20(4) reasonable compensation for an attorney appointed by the court to serve as
16.21counsel.
16.22The State Guardian Ad Litem Board shall pay for guardian ad litem expenses
16.23and reasonable compensation for an attorney to serve as counsel for a guardian ad
16.24litem, if necessary. In no event may the court order that guardian ad litem expenses or
16.25compensation for an attorney serving as counsel for a guardian ad litem be charged to
16.26a county.
16.27 Sec. 3. Minnesota Statutes 2010, section 357.021, subdivision 6, is amended to read:
16.28 Subd. 6. Surcharges on criminal and traffic offenders. (a) Except as provided
16.29in this paragraph, the court shall impose and the court administrator shall collect a $75
16.30surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or
16.31petty misdemeanor offense, other than a violation of a law or ordinance relating to vehicle
16.32parking, for which there shall be a $12 surcharge. When a defendant is convicted of more
16.33than one offense in a case, the surcharge shall be imposed only once in that case. In the
16.34Second Judicial District, the court shall impose, and the court administrator shall collect,
17.1an additional $1 surcharge on every person convicted of any felony, gross misdemeanor,
17.2misdemeanor, or petty misdemeanor offense, including a violation of a law or ordinance
17.3relating to vehicle parking, if the Ramsey County Board of Commissioners authorizes the
17.4$1 surcharge. The surcharge shall be imposed whether or not the person is sentenced to
17.5imprisonment or the sentence is stayed. The surcharge shall not be imposed when a person
17.6is convicted of a petty misdemeanor for which no fine is imposed.
17.7 (b) If the court fails to impose a surcharge as required by this subdivision, the court
17.8administrator shall show the imposition of the surcharge, collect the surcharge, and
17.9correct the record.
17.10 (c) The court may not waive payment of the surcharge required under this
17.11subdivision. Upon a showing of indigency or undue hardship upon the convicted person
17.12or the convicted person's immediate family, the sentencing court may authorize payment
17.13of the surcharge in installments.
17.14 (d) The court administrator or other entity collecting a surcharge shall forward it to
17.15the commissioner of management and budget.
17.16 (e) If the convicted person is sentenced to imprisonment and has not paid the
17.17surcharge before the term of imprisonment begins, the chief executive officer of the
17.18correctional facility in which the convicted person is incarcerated shall collect the
17.19surcharge from any earnings the inmate accrues from work performed in the facility
17.20or while on conditional release. The chief executive officer shall forward the amount
17.21collected to the court administrator or other entity collecting the surcharge imposed by
17.22the court.
17.23(f) A person who
17.24a diversion program, continuance without prosecution, continuance for dismissal, or
17.25stay of adjudication for a violation of chapter 169 must pay the surcharge described in
17.26this subdivision. A surcharge imposed under this paragraph shall be imposed only once
17.27per case.
17.28(g) The surcharge does not apply to administrative citations issued pursuant to
17.29section
17.30 Sec. 4. Minnesota Statutes 2010, section 563.01, subdivision 3, is amended to read:
17.31 Subd. 3. Authorization of forma pauperis. (a) Any court of the state of Minnesota
17.32or any political subdivision thereof may authorize the commencement or defense of any
17.33civil action, or appeal therein, without prepayment of fees, costs and security for costs by
17.34a natural person who makes affidavit stating (a) the nature of the action, defense or appeal,
18.1(b) a belief that affiant is entitled to redress, and (c) that affiant is financially unable to
18.2pay the fees, costs and security for costs.
18.3(b) Upon a finding by the court that the action is not of a frivolous nature, the court
18.4shall allow the person to proceed in forma pauperis if the affidavit is substantially in the
18.5language required by this subdivision and is not found by the court to be untrue. Persons
18.6meeting the requirements of this subdivision include, but are not limited to, a person who
18.7is receiving public assistance, who is represented by an attorney on behalf of a civil legal
18.8services program or a volunteer attorney program based on indigency, or who has an
18.9annual income not greater than 125 percent of the poverty line established under United
18.10States Code, title 42, section 9902(2), except as otherwise provided by section
18.11(c) If, at or following commencement of the action, the party is or becomes able to
18.12pay all or a portion of the fees, costs, and security for costs, the court may order payment
18.13of a fee of $75 or reimbursement or partial payment of all or a portion of the fees, costs,
18.14and security for costs, to be paid as directed by the court.
18.15The court administrator shall transmit any fees or payments to the commissioner of
18.16management and budget for deposit in the state treasury and credit to the general fund.
18.17 Sec. 5. EFFECTIVE DATE.
18.18Sections 1 to 4 are effective the day following final enactment.
18.21 Section 1. Minnesota Statutes 2010, section 260B.007, subdivision 6, is amended to
18.22read:
18.23 Subd. 6. Delinquent child. (a) Except as otherwise provided in
18.24paragraphs (b) and (c), "delinquent child" means a child:
18.25(1) who has violated any state or local law, except as provided in section
18.26subdivision 1
18.27(2) who has violated a federal law or a law of another state and whose case has been
18.28referred to the juvenile court if the violation would be an act of delinquency if committed
18.29in this state or a crime or offense if committed by an adult;
18.30(3) who has escaped from confinement to a state juvenile correctional facility after
18.31being committed to the custody of the commissioner of corrections; or
18.32(4) who has escaped from confinement to a local juvenile correctional facility after
18.33being committed to the facility by the court.
19.1(b) The term delinquent child does not include a child alleged to have committed
19.2murder in the first degree after becoming 16 years of age, but the term delinquent child
19.3does include a child alleged to have committed attempted murder in the first degree.
19.4(c) The term delinquent child does not include a child under the age of 16 years
19.5alleged to have engaged in conduct which would, if committed by an adult, violate any
19.6federal, state, or local law relating to being hired, offering to be hired, or agreeing to be
19.7hired by another individual to engage in sexual penetration or sexual conduct.
19.8EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
19.9offenses committed on or after that date.
19.10 Sec. 2. Minnesota Statutes 2010, section 260B.007, subdivision 16, is amended to read:
19.11 Subd. 16. Juvenile petty offender; juvenile petty offense. (a) "Juvenile petty
19.12offense" includes a juvenile alcohol offense, a juvenile controlled substance offense,
19.13a violation of section
19.14prohibits conduct by a child under the age of 18 years which would be lawful conduct if
19.15committed by an adult.
19.16(b) Except as otherwise provided in paragraph (c), "juvenile petty offense" also
19.17includes an offense that would be a misdemeanor if committed by an adult.
19.18(c) "Juvenile petty offense" does not include any of the following:
19.19(1) a misdemeanor-level violation of section
19.21(2) a major traffic offense or an adult court traffic offense, as described in section
19.23(3) a misdemeanor-level offense committed by a child whom the juvenile court
19.24previously has found to have committed a misdemeanor, gross misdemeanor, or felony
19.25offense; or
19.26(4) a misdemeanor-level offense committed by a child whom the juvenile court
19.27has found to have committed a misdemeanor-level juvenile petty offense on two or
19.28more prior occasions, unless the county attorney designates the child on the petition
19.29as a juvenile petty offender notwithstanding this prior record. As used in this clause,
19.30"misdemeanor-level juvenile petty offense" includes a misdemeanor-level offense that
19.31would have been a juvenile petty offense if it had been committed on or after July 1, 1995.
19.32(d) A child who commits a juvenile petty offense is a "juvenile petty offender." The
19.33term juvenile petty offender does not include a child under the age of 16 years alleged
19.34to have violated any law relating to being hired, offering to be hired, or agreeing to be
20.1hired by another individual to engage in sexual penetration or sexual conduct which, if
20.2committed by an adult, would be a misdemeanor.
20.3EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
20.4offenses committed on or after that date.
20.5 Sec. 3. Minnesota Statutes 2010, section 260C.007, subdivision 6, is amended to read:
20.6 Subd. 6. Child in need of protection or services. "Child in need of protection or
20.7services" means a child who is in need of protection or services because the child:
20.8 (1) is abandoned or without parent, guardian, or custodian;
20.9 (2)(i) has been a victim of physical or sexual abuse as defined in section
20.10subdivision 2, (ii) resides with or has resided with a victim of child abuse as defined in
20.11subdivision 5 or domestic child abuse as defined in subdivision 13, (iii) resides with or
20.12would reside with a perpetrator of domestic child abuse as defined in subdivision 13 or
20.13child abuse as defined in subdivision 5 or 13, or (iv) is a victim of emotional maltreatment
20.14as defined in subdivision 15;
20.15 (3) is without necessary food, clothing, shelter, education, or other required care
20.16for the child's physical or mental health or morals because the child's parent, guardian,
20.17or custodian is unable or unwilling to provide that care;
20.18 (4) is without the special care made necessary by a physical, mental, or emotional
20.19condition because the child's parent, guardian, or custodian is unable or unwilling to
20.20provide that care;
20.21 (5) is medically neglected, which includes, but is not limited to, the withholding of
20.22medically indicated treatment from a disabled infant with a life-threatening condition. The
20.23term "withholding of medically indicated treatment" means the failure to respond to the
20.24infant's life-threatening conditions by providing treatment, including appropriate nutrition,
20.25hydration, and medication which, in the treating physician's or physicians' reasonable
20.26medical judgment, will be most likely to be effective in ameliorating or correcting all
20.27conditions, except that the term does not include the failure to provide treatment other
20.28than appropriate nutrition, hydration, or medication to an infant when, in the treating
20.29physician's or physicians' reasonable medical judgment:
20.30 (i) the infant is chronically and irreversibly comatose;
20.31 (ii) the provision of the treatment would merely prolong dying, not be effective in
20.32ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be
20.33futile in terms of the survival of the infant; or
20.34 (iii) the provision of the treatment would be virtually futile in terms of the survival
20.35of the infant and the treatment itself under the circumstances would be inhumane;
21.1 (6) is one whose parent, guardian, or other custodian for good cause desires to be
21.2relieved of the child's care and custody, including a child who entered foster care under a
21.3voluntary placement agreement between the parent and the responsible social services
21.4agency under section
21.5 (7) has been placed for adoption or care in violation of law;
21.6 (8) is without proper parental care because of the emotional, mental, or physical
21.7disability, or state of immaturity of the child's parent, guardian, or other custodian;
21.8 (9) is one whose behavior, condition, or environment is such as to be injurious or
21.9dangerous to the child or others. An injurious or dangerous environment may include, but
21.10is not limited to, the exposure of a child to criminal activity in the child's home;
21.11 (10) is experiencing growth delays, which may be referred to as failure to thrive, that
21.12have been diagnosed by a physician and are due to parental neglect;
21.13 (11) has engaged in prostitution as defined in section
21.14 (12) has committed a delinquent act or a juvenile petty offense before becoming
21.15ten years old;
21.16 (13) is a runaway;
21.17 (14) is a habitual truant;
21.18 (15) has been found incompetent to proceed or has been found not guilty by reason
21.19of mental illness or mental deficiency in connection with a delinquency proceeding, a
21.20certification under section
21.21proceeding involving a juvenile petty offense;
21.22(16) has a parent whose parental rights to one or more other children were
21.23involuntarily terminated or whose custodial rights to another child have been involuntarily
21.24transferred to a relative and there is a case plan prepared by the responsible social services
21.25agency documenting a compelling reason why filing the termination of parental rights
21.26petition under section
21.27(17) is a sexually exploited youth.
21.28EFFECTIVE DATE.This section is effective August 1, 2011.
21.29 Sec. 4. Minnesota Statutes 2010, section 260C.007, subdivision 11, is amended to read:
21.30 Subd. 11. Delinquent child. "Delinquent child"
21.31
21.32
21.33
21.34
22.1
22.2section 260B.007, subdivision 6.
22.3EFFECTIVE DATE.This section is effective August 1, 2011.
22.4 Sec. 5. Minnesota Statutes 2010, section 260C.007, is amended by adding a
22.5subdivision to read:
22.6 Subd. 31. Sexually exploited youth. "Sexually exploited youth" means an
22.7individual who:
22.8(1) is alleged to have engaged in conduct which would, if committed by an adult,
22.9violate any federal, state, or local law relating to being hired, offering to be hired, or
22.10agreeing to be hired by another individual to engage in sexual penetration or sexual
22.11conduct;
22.12(2) is a victim of a crime described in section 609.342, 609.343, 609.345, 609.3451,
22.13609.3453, 609.352, 617.246, or 617.247;
22.14(3) is a victim of a crime described in United States Code, title 18, section 2260;
22.152421; 2422; 2423; 2425; 2425A; or 2256; or
22.16(4) is a sex trafficking victim as defined in section 609.321, subdivision 7b.
22.17EFFECTIVE DATE.This section is effective August 1, 2011.
22.18 Sec. 6. [609.093] JUVENILE PROSTITUTES; DIVERSION OR CHILD
22.19PROTECTION PROCEEDINGS.
22.20 Subdivision 1. First-time prostitution offense; applicability; procedure. (a) This
22.21section applies to a 16 or 17 year old child alleged to have engaged in prostitution as
22.22defined in section 609.321, subdivision 9, who:
22.23(1) has not been previously adjudicated delinquent for engaging in prostitution as
22.24defined in section 609.321, subdivision 9;
22.25(2) has not previously participated in or completed a diversion program for engaging
22.26in prostitution as defined in section 609.321, subdivision 9;
22.27(3) has not previously been placed on probation without an adjudication or received
22.28a continuance under section 260B.198, subdivision 7, for engaging in prostitution as
22.29defined in section 609.321, subdivision 9;
22.30(4) has not previously been found to be a child in need of protection or services for
22.31engaging in prostitution as defined in section 609.321, subdivision 9, or because the child is
22.32a sexually exploited youth as defined in section 260C.007, subdivision 31, clause (1); and
23.1(5) agrees to successfully complete a diversion program under section 388.24 or
23.2fully comply with a disposition order under section 260C.201.
23.3(b) The prosecutor shall refer a child described in paragraph (a) to a diversion
23.4program under section 388.24 or file a petition under section 260C.141 alleging the child
23.5to be in need of protection or services.
23.6 Subd. 2. Failure to comply. If a child fails to successfully complete diversion or
23.7fails to fully comply with a disposition order under section 260C.201, the child may be
23.8referred back to the court for further proceedings under chapter 260B.
23.9 Subd. 3. Dismissal of charge. The court shall dismiss the charge against the child if
23.10any of the following apply:
23.11(1) the prosecutor referred the child to diversion program and the prosecutor notifies
23.12the court that the child successfully completed the program;
23.13(2) the prosecutor filed a petition under section 260C.141 and the court does not find
23.14that the child is in need of protection or services; or
23.15(3) the prosecutor filed a petition under section 260C.141, the court entered an order
23.16under section 260C.201, and the child fully complied with the order.
23.17EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
23.18offenses committed on or after that date.
23.19 Sec. 7. Minnesota Statutes 2010, section 609.3241, is amended to read:
23.20609.3241 PENALTY ASSESSMENT AUTHORIZED.
23.21(a) When a court sentences an adult convicted of violating section
23.23not less than
23.24subdivision 2
23.25the court shall impose an assessment of not less than
23.26$1,000. The
23.27
23.28(c) and is in addition to the surcharge required by section
23.29
23.30
23.31
23.32
23.33
24.1
24.2
24.3(b) The court may not waive payment of the minimum assessment required by
24.4this section. If the defendant qualifies for the services of a public defender or the court
24.5finds on the record that the convicted person is indigent or that immediate payment of
24.6the assessment would create undue hardship for the convicted person or that person's
24.7immediate family, the court may reduce the amount of the minimum assessment to not
24.8less than $100. The court also may authorize payment of the assessment in installments.
24.9(c) The assessment collected under paragraph (a) must be distributed as follows:
24.10(1) 40 percent of the assessment shall be forwarded to the political subdivision that
24.11employs the arresting officer for use in enforcement, training, and education activities
24.12related to combating sexual exploitation of youth, or if the arresting officer is an employee
24.13of the state, this portion shall be forwarded to the commissioner of public safety for those
24.14purposes identified in clause (3);
24.15(2) 20 percent of the assessment shall be forwarded to the prosecuting agency that
24.16handled the case for use in training and education activities relating to combating sexual
24.17exploitation activities of youth; and
24.18(3) 40 percent of the assessment must be forwarded to the commissioner of public
24.19safety to be deposited in the safe harbor for youth account in the special revenue fund
24.20and are appropriated to the commissioner for distribution to crime victims services
24.21organizations that provide services to sexually exploited youth, as defined in section
24.22260C.007, subdivision 31.
24.23(d) A safe harbor for youth account is established as a special account in the state
24.24treasury.
24.25EFFECTIVE DATE.This section is effective August 1, 2011.
24.26 Sec. 8. Minnesota Statutes 2010, section 626.558, subdivision 2a, is amended to read:
24.27 Subd. 2a.
24.28multidisciplinary child protection team may assist the local welfare agency, local law
24.29enforcement agency, or an appropriate private organization in developing a program of
24.30outreach services for
24.31including homeless, runaway, and truant youth who are at risk of sexual exploitation.
24.32For the purposes of this subdivision, at least one representative of a youth intervention
24.33program or, where this type of program is unavailable, one representative of a nonprofit
24.34agency serving youth in crisis, shall be appointed to and serve on the multidisciplinary
24.35child protection team in addition to the standing members of the team. These services may
25.1include counseling, medical care, short-term shelter, alternative living arrangements, and
25.2drop-in centers.
25.3
25.4subdivision may not be conditioned upon the juvenile providing any evidence or testimony.
25.5EFFECTIVE DATE.This section is effective August 1, 2011.
25.6 Sec. 9. SAFE HARBOR FOR SEX TRAFFICKED YOUTH; SEXUALLY
25.7EXPLOITED YOUTH; STATEWIDE VICTIM SERVICES MODEL.
25.8(a) If sufficient funding from outside sources is donated, the commissioner of public
25.9safety shall develop a statewide model as provided in this section. By June 30, 2012, the
25.10commissioner of public safety, in consultation with the commissioners of health and
25.11human services, shall develop a victim services model to address the needs of sexually
25.12exploited youth and youth at risk of sexual exploitation. The commissioner shall take into
25.13consideration the findings and recommendations as reported to the legislature on the
25.14results of the safe harbor for sexually exploited youth pilot project authorized by Laws
25.152006, chapter 282, article 13, section 4, paragraph (b). In addition, the commissioner
25.16shall seek recommendations from prosecutors, public safety officials, public health
25.17professionals, child protection workers, and service providers.
25.18(b) By January 15, 2013, the commissioner of public safety shall report to the chairs
25.19and ranking minority members of the senate and house of representatives divisions having
25.20jurisdiction over health and human services and criminal justice funding and policy on the
25.21development of the statewide model, including recommendations for additional legislation
25.22or funding for services for sexually exploited youth or youth at risk of sexual exploitation.
25.23(c) As used in this section, "sexually exploited youth" has the meaning given in
25.24section 260C.007, subdivision 31.
25.25EFFECTIVE DATE.This section is effective August 1, 2011.
25.28 Section 1. Minnesota Statutes 2010, section 609.321, subdivision 4, is amended to read:
25.29 Subd. 4. Patron. "Patron" means an individual who
25.30engages in prostitution by hiring, offering to hire, or agreeing to hire another individual to
25.31engage in sexual penetration or sexual contact.
26.1EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
26.2committed on or after that date.
26.3 Sec. 2. Minnesota Statutes 2010, section 609.321, subdivision 8, is amended to read:
26.4 Subd. 8. Prostitute. "Prostitute" means an individual who engages in prostitution
26.5by being hired, offering to be hired, or agreeing to be hired by another individual to
26.6engage in sexual penetration or sexual contact.
26.7EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
26.8committed on or after that date.
26.9 Sec. 3. Minnesota Statutes 2010, section 609.321, subdivision 9, is amended to read:
26.10 Subd. 9. Prostitution. "Prostitution" means
26.11
26.12sexual penetration or sexual contact, or being hired, offering to be hired, or agreeing to be
26.13hired by another individual to engage in sexual penetration or sexual contact.
26.14EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
26.15committed on or after that date.
26.16 Sec. 4. Minnesota Statutes 2010, section 609.324, subdivision 2, is amended to read:
26.17 Subd. 2. Prostitution in public place; penalty for patrons. Whoever, while acting
26.18as a patron, intentionally does any of the following while in a public place is guilty of a
26.19gross misdemeanor:
26.20(1) engages in prostitution with an individual 18 years of age or older; or
26.21(2) hires
26.22engage in sexual penetration or sexual contact.
26.23Except as otherwise provided in subdivision 4, a person who is convicted of violating this
26.24subdivision
26.25of at least $1,500.
26.26EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
26.27committed on or after that date.
26.28 Sec. 5. Minnesota Statutes 2010, section 609.324, subdivision 3, is amended to read:
26.29 Subd. 3. General prostitution crimes; penalties for patrons. (a) Whoever, while
26.30acting as a patron, intentionally does any of the following is guilty of a misdemeanor:
27.1(1) engages in prostitution with an individual 18 years of age or
27.2(2) hires
27.3older to engage in sexual penetration or sexual contact. Except as otherwise provided in
27.4subdivision 4, a person who is convicted of violating this paragraph
27.5
27.6(b) Whoever violates the provisions of this subdivision within two years of a
27.7previous prostitution conviction for violating this section or section
27.8of a gross misdemeanor. Except as otherwise provided in subdivision 4, a person who
27.9is convicted of violating this paragraph
27.10be sentenced as follows:
27.11(1) to pay a fine of at least $1,500; and
27.12(2) to serve 20 hours of community work service.
27.13The court may waive the mandatory community work service if it makes specific,
27.14written findings that the community work service is not feasible or appropriate under the
27.15circumstances of the case.
27.16EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
27.17committed on or after that date.
27.18 Sec. 6. Minnesota Statutes 2010, section 609.324, is amended by adding a subdivision
27.19to read:
27.20 Subd. 6. Prostitution in public place; penalty for prostitutes. Whoever, while
27.21acting as a prostitute, intentionally does any of the following while in a public place is
27.22guilty of a gross misdemeanor:
27.23(1) engages in prostitution with an individual 18 years of age or older; or
27.24(2) is hired, offers to be hired, or agrees to be hired by an individual 18 years of age
27.25or older to engage in sexual penetration or sexual contact.
27.26EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
27.27committed on or after that date.
27.28 Sec. 7. Minnesota Statutes 2010, section 609.324, is amended by adding a subdivision
27.29to read:
27.30 Subd. 7. General prostitution crimes; penalties for prostitutes. (a) Whoever,
27.31while acting as a prostitute, intentionally does any of the following is guilty of a
27.32misdemeanor:
27.33(1) engages in prostitution with an individual 18 years of age or older; or
28.1(2) is hired, offers to be hired, or agrees to be hired by an individual 18 years of age
28.2or older to engage in sexual penetration or sexual contact.
28.3(b) Whoever violates the provisions of this subdivision within two years of a
28.4previous prostitution conviction for violating this section or section 609.322 is guilty
28.5of a gross misdemeanor.
28.6EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
28.7committed on or after that date.
