KEY: stricken = removed, old language.underscored = new language to be added
scs0802a-2
1.1Senator .................... moves to amend S.F. No. 802 as follows:
1.2Delete everything after the enacting clause and insert:
1.6The amounts shown in this section summarize direct appropriations, by fund, made
1.7in this article.
1.18The sums shown in the columns marked "Appropriations" are appropriated to the
1.19agencies and for the purposes specified in this article. The appropriations are from the
1.20general fund, or another named fund, and are available for the fiscal years indicated
1.21for each purpose. The figures "2010" and "2011" used in this article mean that the
1.22appropriations listed under them are available for the fiscal year ending June 30, 2010, or
1.23June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is fiscal
1.24year 2011. "The biennium" is fiscal years 2010 and 2011. Appropriations for the fiscal
1.25year ending June 30, 2009, are effective the day following final enactment.
2.3The amounts that may be spent for each
2.4purpose are specified in the following
2.5subdivisions.
2.6Car Fleet. By January 1, 2010, the
2.7commissioner must reduce the department's
2.8fleet of cars by 20 percent.
2.9Prohibition on Use of Appropriation. No
2.10portion of this appropriation may be used
2.11for: (1) computer, telephone, motor vehicle,
2.12or technology purchases or upgrades, or for
2.13new leases on those items; or (2) out-of-state
2.14travel that is not directly connected with and
2.15necessary to carry out the core functions of
2.16the department.
2.17Changes in Personnel Policies. The
2.18commissioner shall consider discontinuing
2.19the practice of entering into agreements with
2.20the Office of the Governor to pay personnel
2.21costs of policy advisors to the governor.
2.33This appropriation is from the fire safety
2.34account in the special revenue fund.
3.1Of this amount, $5,732,000 each year is for
3.2activities under Minnesota Statutes, section
3.3299F.012, and $2,768,000 each year is for
3.4transfer to the general fund under Minnesota
3.5Statutes, section 297I.06, subdivision 3.
3.10This appropriation is from the alcohol
3.11enforcement account in the special revenue
3.12fund. Of this appropriation, $750,000 each
3.13year shall be transferred to the general fund.
3.14The transfer amount for fiscal year 2012 and
3.15fiscal year 2013 shall be $500,000 per year.
3.21Administration Costs. Up to 2.5 percent
3.22of the grant funds appropriated in this
3.23subdivision may be used to administer the
3.24grant program.
3.25Prorated Base Cut. The commissioner shall
3.26pro rate the base cut to the Office of Justice
3.27programs among the various programs and
3.28grants funded by the office.
3.29Federal Stimulus Funds. The Office
3.30of Justice programs shall give priority to
3.31awarding grants for federal stimulus funds to
3.32the following activities and programs:
3.33(1) organizations that provide mentoring
3.34grants for children of incarcerated parents;
4.1(2) youth intervention programs, as defined
4.2under Minnesota Statutes, section 299A.73,
4.3with an emphasis on those programs that
4.4provide early intervention youth services to
4.5children in their communities; and
4.6(3) re-entry programs for offenders,
4.7including the nonprofit organization selected
4.8to administer the demonstration project for
4.9high risk adults under Laws 2007, chapter
4.1054, article 1, section 19.
4.11For purposes of this subdivision, "federal
4.12stimulus funds" means funding provided to
4.13the state under the American Recovery and
4.14Reinvestment Act of 2009.
4.17This appropriation is from the state
4.18government special revenue fund for 911
4.19emergency telecommunications services.
4.20Public Safety Answering Points.
4.21$13,664,000 each year is to be distributed
4.22as provided in Minnesota Statutes, section
4.23403.113, subdivision 2.
4.24 Medical Resource Communication
4.25Centers. $683,000 each year is for grants
4.26to the Minnesota Emergency Medical
4.27Services Regulatory Board for the Metro
4.28East and Metro West Medical Resource
4.29Communication Centers that were in
4.30operation before January 1, 2000.
4.31ARMER Debt Service. $17,557,000 the
4.32first year and $23,261,000 the second year
4.33are to the commissioner of finance to pay
5.1debt service on revenue bonds issued under
5.2Minnesota Statutes, section 403.275.
5.3Any portion of this appropriation not needed
5.4to pay debt service in a fiscal year may be
5.5used by the commissioner of public safety to
5.6pay cash for any of the capital improvements
5.7for which bond proceeds were appropriated
5.8by Laws 2005, chapter 136, article 1, section
5.99, subdivision 8; or Laws 2007, chapter 54,
5.10article 1, section 10, subdivision 8.
5.11Metropolitan Council Debt Service.
5.12$1,410,000 each year is to the commissioner
5.13of finance for payment to the Metropolitan
5.14Council for debt service on bonds issued
5.15under Minnesota Statutes, section 403.27.
5.16ARMER State Backbone Operating Costs.
5.17$5,060,000 each year is to the commissioner
5.18of transportation for costs of maintaining
5.19and operating the statewide radio system
5.20backbone.
5.21ARMER Improvements. $1,000,000 each
5.22year is for the Statewide Radio Board for
5.23costs of design, construction, maintenance
5.24of, and improvements to those elements
5.25of the statewide public safety radio and
5.26communication system that support mutual
5.27aid communications and emergency medical
5.28services or provide enhancement of public
5.29safety communication interoperability.
5.30Grants to Local Government. $5,000,000
5.31the first year is for grants to local units of
5.32government to assist with the transition to
5.33the ARMER system. This appropriation is
5.34available until June 30, 2012.
6.1Next Generation 911. $3,431,000 the first
6.2year and $6,490,000 the second year are
6.3to replace the current system with the Next
6.4Generation Internet Protocol (IP) based
6.5network. The base level of funding for fiscal
6.6year 2012 shall be $2,965,000.
6.9 Excess Amounts Transferred. This
6.10appropriation is from the peace officer
6.11training account in the special revenue fund.
6.12Any new receipts credited to that account in
6.13the first year in excess of $4,025,000 must be
6.14transferred and credited to the general fund.
6.15Any new receipts credited to that account in
6.16the second year in excess of $4,025,000 must
6.17be transferred and credited to the general
6.18fund.
6.19Peace Officer Training Reimbursements.
6.20$2,856,000 each year is for reimbursements
6.21to local governments for peace officer
6.22training costs.
6.23Prohibition on Use of Appropriation. No
6.24portion of this appropriation may be used
6.25for out-of-state travel that is not directly
6.26connected with and necessary to carry out
6.27the core functions of the board.
6.29Prohibition on Use of Appropriation. No
6.30portion of this appropriation may be used
6.31for out-of-state travel that is not directly
6.32connected with and necessary to carry out
6.33the core functions of the board.
7.1Prohibition on Use of Appropriation. No
7.2portion of this appropriation may be used
7.3for out-of-state travel that is not directly
7.4connected with and necessary to carry out
7.5the core functions of the department.
7.13The amounts that may be spent for each
7.14purpose are specified in the following
7.15subdivisions.
7.16Car Fleet. By January 1, 2010, the
7.17commissioner must reduce the department's
7.18fleet of cars by 20 percent.
7.19Staff Consolidation; Changes in Personnel
7.20Policies. (a) The commissioner shall
7.21consider consolidating staff from correctional
7.22institutions in geographical proximity to
7.23each other to achieve efficiencies and cost
7.24savings. Staff considered for consolidation
7.25must include wardens, deputy wardens, and
7.26human resources, technology, and employee
7.27development personnel.
7.28(b) The commissioner shall consider
7.29consolidating the department's human
7.30resources, technology, and employee
7.31development functions in a centralized
7.32location.
7.33(c) The commissioner shall consider
7.34discontinuing the department's practice
8.1of annually having a warden monitor the
8.2legislative session.
8.3(d) The commissioner shall consider
8.4discontinuing the practice of entering into
8.5agreements with the Office of the Governor
8.6to pay personnel costs of policy advisors to
8.7the governor.
8.8Prohibition on Use of Appropriation. No
8.9portion of this appropriation may be used
8.10for: (1) computer, telephone, motor vehicle,
8.11or technology purchases or upgrades, or for
8.12new leases on those items; or (2) out-of-state
8.13travel that is not directly connected with and
8.14necessary to carry out the core functions of
8.15the department.
8.16Reductions to Certain Programming
8.17Prohibited. When allocating reductions
8.18in services and programming under this
8.19appropriation, the commissioner may not
8.20make reductions to inmate educational
8.21programs, chemical dependency programs,
8.22or reentry programs.
8.28Federal Stimulus Money. $15,000,000 each
8.29year is from the fiscal stabilization account
8.30in the American Recovery and Reinvestment
8.31Act of 2009. This is a onetime appropriation.
8.32The general fund base for this program shall
8.33be $311,535,000 in fiscal year 2012 and
8.34$316,033,000 in fiscal year 2013.
9.1Transfer. Notwithstanding Minnesota
9.2Statutes, section 241.27, $1,000,000 each
9.3year shall be transferred from the Minnesota
9.4Correctional Industries revolving fund to the
9.5general fund.
9.10Short-Term Offenders. $1,607,000 each
9.11year is for the costs associated with the
9.12housing and care of short-term offenders.
9.13The commissioner may use up to 20 percent
9.14of the total amount of the appropriation
9.15for inpatient medical care for short-term
9.16offenders. All funds remaining at the end
9.17of the fiscal year not expended for inpatient
9.18medical care shall be added to and distributed
9.19with the housing funds. These funds shall
9.20be distributed proportionately based on the
9.21total number of days short-term offenders are
9.22placed locally, not to exceed $55 per day.
9.23The Department of Corrections is exempt
9.24from the state contracting process for the
9.25purposes of paying short-term offender
9.26costs relating to Minnesota Statutes, section
9.27609.105.
9.28Prorated Base Cut. The commissioner shall
9.29pro rate the general fund base reduction
9.30of $14,320,000 to community services
9.31among the Community Corrections Act
9.32subsidy, county probation reimbursements,
9.33and Department of Corrections supervision
9.34services.
10.5Prohibition on Use of Appropriation. No
10.6portion of this appropriation may be used
10.7for out-of-state travel that is not directly
10.8connected with and necessary to carry out
10.9the core functions of the commission.
10.10 Sec. 9. Minnesota Statutes 2008, section 171.29, subdivision 2, is amended to read:
10.11 Subd. 2. Reinstatement fees and surcharges allocated and appropriated. (a)
10.12An individual whose driver's license has been revoked as provided in subdivision 1,
10.13except under section169A.52 ,
169A.54 , or
609.21 , must pay a $30 fee before the driver's
10.14license is reinstated.
10.15 (b) A person whose driver's license has been revoked as provided in subdivision 1
10.16under section169A.52 ,
169A.54 , or
609.21 , must pay a $250 fee plus a $430 surcharge
10.17before the driver's license is reinstated, except as provided in paragraph (f). The $250
10.18fee is to be credited as follows:
10.19 (1) Twenty percent must be credited to the driver services operating account in the
10.20special revenue fund as specified in section299A.705 .
10.21 (2) Sixty-seven percent must be credited to the general fund.
10.22 (3) Eight percent must be credited to a separate account to be known as the Bureau of
10.23Criminal Apprehension account. Money in this accountmay be is annually appropriated
10.24to the commissioner of public safety and the appropriated amount must be apportioned
10.2580 percent for laboratory costs and 20 percent for carrying out the provisions of section
10.26299C.065
.
10.27 (4) Five percent must be credited to a separate account to be known as the vehicle
10.28forfeiture account, which is created in the special revenue fund. The money in the account
10.29is annually appropriated to the commissioner for costs of handling vehicle forfeitures.
10.30 (c) The revenue from $50 of the surcharge must be credited to a separate account
10.31to be known as the traumatic brain injury and spinal cord injury account. The revenue
10.32from $50 of the surcharge on a reinstatement under paragraph (f) is credited from the
10.33first installment payment to the traumatic brain injury and spinal cord injury account.
10.34The money in the account is annually appropriated to the commissioner of health to be
10.35used as follows: 83 percent for contracts with a qualified community-based organization
11.1to provide information, resources, and support to assist persons with traumatic brain
11.2injury and their families to access services, and 17 percent to maintain the traumatic
11.3brain injury and spinal cord injury registry created in section144.662 . For the purposes
11.4of this paragraph, a "qualified community-based organization" is a private, not-for-profit
11.5organization of consumers of traumatic brain injury services and their family members.
11.6The organization must be registered with the United States Internal Revenue Service under
11.7section 501(c)(3) as a tax-exempt organization and must have as its purposes:
11.8 (1) the promotion of public, family, survivor, and professional awareness of the
11.9incidence and consequences of traumatic brain injury;
11.10 (2) the provision of a network of support for persons with traumatic brain injury,
11.11their families, and friends;
11.12 (3) the development and support of programs and services to prevent traumatic
11.13brain injury;
11.14 (4) the establishment of education programs for persons with traumatic brain injury;
11.15and
11.16 (5) the empowerment of persons with traumatic brain injury through participation
11.17in its governance.
11.18A patient's name, identifying information, or identifiable medical data must not be
11.19disclosed to the organization without the informed voluntary written consent of the patient
11.20or patient's guardian or, if the patient is a minor, of the parent or guardian of the patient.
11.21 (d) The remainder of the surcharge must be credited to a separate account to be
11.22known as the remote electronic alcohol-monitoring program account. The commissioner
11.23shall transfer the balance of this account to the commissioner of finance on a monthly
11.24basis for deposit in the general fund.
11.25 (e) When these fees are collected by a licensing agent, appointed under section
11.26171.061
, a handling charge is imposed in the amount specified under section
171.061,
11.27subdivision 4 . The reinstatement fees and surcharge must be deposited in an approved
11.28depository as directed under section171.061, subdivision 4 .
11.29 (f) A person whose driver's license has been revoked as provided in subdivision
11.301 under section169A.52 or
169A.54 and who the court certifies as being financially
11.31eligible for a public defender under section611.17 , may choose to pay 50 percent and
11.32an additional $25 of the total amount of the surcharge and 50 percent of the fee required
11.33under paragraph (b) to reinstate the person's driver's license, provided the person meets all
11.34other requirements of reinstatement. If a person chooses to pay 50 percent of the total and
11.35an additional $25, the driver's license must expire after two years. The person must pay an
11.36additional 50 percent less $25 of the total to extend the license for an additional two years,
12.1provided the person is otherwise still eligible for the license. After this final payment of
12.2the surcharge and fee, the license may be renewed on a standard schedule, as provided
12.3under section171.27 . A handling charge may be imposed for each installment payment.
12.4Revenue from the handling charge is credited to the driver services operating account in
12.5the special revenue fund and is appropriated to the commissioner.
12.6 (g) Any person making installment payments under paragraph (f), whose driver's
12.7license subsequently expires, or is canceled, revoked, or suspended before payment of
12.8100 percent of the surcharge and fee, must pay the outstanding balance due for the initial
12.9reinstatement before the driver's license is subsequently reinstated. Upon payment of
12.10the outstanding balance due for the initial reinstatement, the person may pay any new
12.11surcharge and fee imposed under paragraph (b) in installment payments as provided
12.12under paragraph (f).
12.16 Section 1. Minnesota Statutes 2008, section 152.021, subdivision 3, is amended to read:
12.17 Subd. 3. Penalty. (a) A person convicted under subdivisions 1 to 2a, paragraph (a),
12.18may be sentenced to imprisonment for not more than 30 years or to payment of a fine of
12.19not more than $1,000,000, or both.
12.20(b) If the conviction is a subsequent controlled substance conviction, a person
12.21convicted under subdivisions 1 to 2a, paragraph (a), shall be committed to the
12.22commissioner of corrections for not less than four years nor more than 40 years and, in
12.23addition, may be sentenced to payment of a fine of not more than $1,000,000.
12.24(c) (b) In a prosecution under subdivision 1 involving sales by the same person in
12.25two or more counties within a 90-day period, the person may be prosecuted for all of the
12.26sales in any county in which one of the sales occurred.
12.27EFFECTIVE DATE.This section is effective the day following final enactment.
12.28 Sec. 2. Minnesota Statutes 2008, section 152.022, subdivision 3, is amended to read:
12.29 Subd. 3. Penalty. (a) A person convicted under subdivision 1 or 2 may be sentenced
12.30to imprisonment for not more than 25 years or to payment of a fine of not more than
12.31$500,000, or both.
12.32(b) If the conviction is a subsequent controlled substance conviction, a person
12.33convicted under subdivision 1 or 2 shall be committed to the commissioner of corrections
12.34for not less than three years nor more than 40 years and, in addition, may be sentenced to
12.35payment of a fine of not more than $500,000.
13.1(c) (b) In a prosecution under subdivision 1 involving sales by the same person in
13.2two or more counties within a 90-day period, the person may be prosecuted for all of the
13.3sales in any county in which one of the sales occurred.
13.4EFFECTIVE DATE.This section is effective the day following final enactment.
13.5 Sec. 3. Minnesota Statutes 2008, section 152.023, subdivision 3, is amended to read:
13.6 Subd. 3. Penalty. (a) A person convicted under subdivision 1 or 2 may be sentenced
13.7to imprisonment for not more than 20 years or to payment of a fine of not more than
13.8$250,000, or both.
13.9(b) If the conviction is a subsequent controlled substance conviction, a person
13.10convicted under subdivision 1 or 2 shall be committed to the commissioner of corrections
13.11for not less than two years nor more than 30 years and, in addition, may be sentenced to
13.12payment of a fine of not more than $250,000.
13.13(c) (b) In a prosecution under subdivision 1 or 2 involving sales or acts of possession
13.14by the same person in two or more counties within a 90-day period, the person may be
13.15prosecuted in any county in which one of the sales or acts of possession occurred.
13.16EFFECTIVE DATE.This section is effective the day following final enactment.
13.17 Sec. 4. Minnesota Statutes 2008, section 152.024, subdivision 3, is amended to read:
13.18 Subd. 3. Penalty.(a) A person convicted under subdivision 1 or 2 may be sentenced
13.19to imprisonment for not more than 15 years or to payment of a fine of not more than
13.20$100,000, or both.
13.21(b) If the conviction is a subsequent controlled substance conviction, a person
13.22convicted under subdivision 1 or 2 shall be committed to the commissioner of corrections
13.23or to a local correctional authority for not less than one year nor more than 30 years and,
13.24in addition, may be sentenced to payment of a fine of not more than $100,000.
13.25EFFECTIVE DATE.This section is effective the day following final enactment.
13.26 Sec. 5. Minnesota Statutes 2008, section 152.025, subdivision 3, is amended to read:
13.27 Subd. 3. Penalty.(a) A person convicted under subdivision 1 or 2 may be sentenced
13.28to imprisonment for not more than five years or to payment of a fine of not more than
13.29$10,000, or both.
13.30(b) If the conviction is a subsequent controlled substance conviction, a person
13.31convicted under subdivision 1 or 2 shall be committed to the commissioner of corrections
13.32or to a local correctional authority for not less than six months nor more than ten years
13.33and, in addition, may be sentenced to payment of a fine of not more than $20,000.
14.1EFFECTIVE DATE.This section is effective the day following final enactment.
14.2 Sec. 6. Minnesota Statutes 2008, section 169A.275, subdivision 3, is amended to read:
14.3 Subd. 3. Fourth offense. (a) Unless the court commits the person to the custody of
14.4the commissioner of correctionsas provided in section
169A.276 (mandatory penalties;
14.5felony violations), the court shall sentence a person who is convicted of a violation of
14.6section169A.20 (driving while impaired) within ten years of the first of three qualified
14.7prior impaired driving incidents to either:
14.8(1) a minimum of 180 days of incarceration, at least 30 days of which must be served
14.9consecutively in a local correctional facility;
14.10(2) a program of intensive supervision of the type described in section169A.74
14.11(pilot programs of intensive probation for repeat DWI offenders) that requires the person
14.12to consecutively serve at least six days in a local correctional facility; or
14.13(3) a program of staggered sentencing involving a minimum of 180 days of
14.14incarceration, at least 30 days of which must be served consecutively in a local
14.15correctional facility.
14.16(b) The court may order that the person serve not more than 150 days of the
14.17minimum penalty under paragraph (a), clause (1), on home detention or in an intensive
14.18probation program described in section169A.74 . Notwithstanding section
609.135 , the
14.19penalties in this subdivision must be imposed and executed.
14.20EFFECTIVE DATE.This section is effective the day following final enactment.
14.21 Sec. 7. Minnesota Statutes 2008, section 169A.275, subdivision 4, is amended to read:
14.22 Subd. 4. Fifth offense or more. (a) Unless the court commits the person to the
14.23custody of the commissioner of correctionsas provided in section
169A.276 (mandatory
14.24penalties; felony violations), the court shall sentence a person who is convicted of a
14.25violation of section169A.20 (driving while impaired) within ten years of the first of four
14.26or more qualified prior impaired driving incidents to either:
14.27(1) a minimum of one year of incarceration, at least 60 days of which must be served
14.28consecutively in a local correctional facility;
14.29(2) a program of intensive supervision of the type described in section169A.74
14.30(pilot programs of intensive probation for repeat DWI offenders) that requires the person
14.31to consecutively serve at least six days in a local correctional facility; or
14.32(3) a program of staggered sentencing involving a minimum of one year of
14.33incarceration, at least 60 days of which must be served consecutively in a local
14.34correctional facility.
15.1(b) The court may order that the person serve the remainder of the minimum penalty
15.2under paragraph (a), clause (1), on intensive probation using an electronic monitoring
15.3system or, if such a system is unavailable, on home detention. Notwithstanding section
15.4609.135
, the penalties in this subdivision must be imposed and executed.
15.5EFFECTIVE DATE.This section is effective the day following final enactment.
15.6 Sec. 8. Minnesota Statutes 2008, section 169A.275, subdivision 5, is amended to read:
15.7 Subd. 5. Level of care recommended in chemical use assessment. Unless the
15.8court commits the person to the custody of the commissioner of correctionsas provided in
15.9section
169A.276 (mandatory penalties; felony violations), in addition to other penalties
15.10required under this section, the court shall order a person to submit to the level of care
15.11recommended in the chemical use assessment conducted under section169A.70 (alcohol
15.12safety program; chemical use assessments) if the person is convicted of violating section
15.13169A.20
(driving while impaired) while having an alcohol concentration of 0.20 or more
15.14as measured at the time, or within two hours of the time, of the offense or if the violation
15.15occurs within ten years of one or more qualified prior impaired driving incidents.
15.16EFFECTIVE DATE.This section is effective the day following final enactment.
15.17 Sec. 9. Minnesota Statutes 2008, section 169A.276, subdivision 1, is amended to read:
15.18 Subdivision 1. Mandatoryprison sentence conditional release period. (a) The
15.19court shall sentence a person who is convicted of a violation of section
169A.20 (driving
15.20while impaired) under the circumstances described in section
169A.24 (first-degree
15.21driving while impaired) to imprisonment for not less than three years. In addition, the
15.22court may order the person to pay a fine of not more than $14,000.
15.23(b) The court may stay execution of this mandatory sentence as provided in
15.24subdivision 2 (stay of mandatory sentence), but may not stay imposition or adjudication of
15.25the sentence or impose a sentence that has a duration of less than three years.
15.26(c) An offender committed to the custody of the commissioner of corrections
15.27under this subdivision is not eligible for release as provided in section
241.26,
244.065,
15.28244.12, or
244.17, unless the offender has successfully completed a chemical dependency
15.29treatment program while in prison.
15.30(d) (a) Notwithstanding the statutory maximum sentence provided in section
15.31169A.24
(first-degree driving while impaired), when the court commits a person to the
15.32custody of the commissioner of correctionsunder this subdivision, it shall provide that
15.33after the person has been released from prison the commissioner shall place the person
15.34on conditional release for five years. The commissioner shall impose any conditions of
16.1release that the commissioner deems appropriate including, but not limited to, successful
16.2completion of an intensive probation program as described in section169A.74 (pilot
16.3programs of intensive probation for repeat DWI offenders). If the person fails to comply
16.4with any condition of release, the commissioner may revoke the person's conditional
16.5release and order the person to serve all or part of the remaining portion of the conditional
16.6release term in prison. The commissioner may not dismiss the person from supervision
16.7before the conditional release term expires. Except as otherwise provided in this section,
16.8conditional release is governed by provisions relating to supervised release. The failure
16.9of a court to direct the commissioner of corrections to place the person on conditional
16.10release, as required in this paragraph, does not affect the applicability of the conditional
16.11release provisions to the person.
16.12(e) (b) The commissioner shall require persons placed on supervised or conditional
16.13release under this subdivision to pay as much of the costs of the supervision as possible.
16.14The commissioner shall develop appropriate standards for this.
16.15EFFECTIVE DATE.This section is effective the day following final enactment.
16.16 Sec. 10. Minnesota Statutes 2008, section 169A.276, subdivision 2, is amended to read:
16.17 Subd. 2. Stay of mandatory sentence. The provisions of sections169A.275
16.18(mandatory penalties; nonfelony violations), subdivision 3 or 4, and subdivision 5, and
16.19169A.283
(stay of execution of sentence), apply if the court stays execution of the a felony
16.20DWI offender's sentenceunder subdivision 1 (mandatory prison sentence). In addition,
16.21the provisions of section169A.277 (long-term monitoring) may apply.
16.22EFFECTIVE DATE.This section is effective the day following final enactment.
16.23 Sec. 11. Minnesota Statutes 2008, section 243.166, subdivision 5, is amended to read:
16.24 Subd. 5. Criminal penalty.(a) A person required to register under this section who
16.25knowingly violates any of its provisions or intentionally provides false information to a
16.26corrections agent, law enforcement authority, or the bureau is guilty of a felony and may
16.27be sentenced to imprisonment for not more than five years or to payment of a fine of
16.28not more than $10,000, or both.
16.29(b) Except as provided in paragraph (c), a person convicted of violating paragraph
16.30(a) shall be committed to the custody of the commissioner of corrections for not less than
16.31a year and a day, nor more than five years.
16.32(c) A person convicted of violating paragraph (a), who has previously been convicted
16.33of or adjudicated delinquent for violating this section or a similar statute of another state
17.1or the United States, shall be committed to the custody of the commissioner of corrections
17.2for not less than two years, nor more than five years.
17.3(d) Prior to the time of sentencing, the prosecutor may file a motion to have the
17.4person sentenced without regard to the mandatory minimum sentence established by this
17.5subdivision. The motion must be accompanied by a statement on the record of the reasons
17.6for it. When presented with the motion, or on its own motion, the court may sentence the
17.7person without regard to the mandatory minimum sentence if the court finds substantial
17.8and compelling reasons to do so. Sentencing a person in the manner described in this
17.9paragraph is a departure from the Sentencing Guidelines.
17.10(e) A person convicted and sentenced as required by this subdivision is not
17.11eligible for probation, parole, discharge, work release, conditional release, or supervised
17.12release, until that person has served the full term of imprisonment as provided by law,
17.13notwithstanding the provisions of sections
241.26,
242.19,
243.05,
244.04,
609.12, and
17.14609.135.
17.15EFFECTIVE DATE.This section is effective the day following final enactment.
17.16 Sec. 12. Minnesota Statutes 2008, section 244.01, subdivision 8, is amended to read:
17.17 Subd. 8. Term of imprisonment. "Term of imprisonment," as applied to inmates
17.18whose crimes were committed before August 1, 1993, is the period of time for which an
17.19inmate is committed to the custody of the commissioner of corrections minus earned good
17.20time. "Term of imprisonment," as applied to inmates whose crimes were committed on or
17.21after August 1, 1993, is the period of time equal totwo-thirds 60 percent of the inmate's
17.22executed sentence.
17.23EFFECTIVE DATE.This section is effective July 1, 2009, and applies to persons
17.24sentenced on or after that date.
17.25 Sec. 13. Minnesota Statutes 2008, section 244.101, subdivision 1, is amended to read:
17.26 Subdivision 1. Executed sentences. When a felony offender is sentenced to a fixed
17.27executed sentence for an offense committed on or after August 1, 1993, the executed
17.28sentence consists of two parts: (1) a specified minimum term of imprisonment that is
17.29equal totwo-thirds 60 percent of the executed sentence; and (2) a specified maximum
17.30supervised release term that is equal toone-third 40 percent of the executed sentence. The
17.31amount of time the inmate actually serves in prison and on supervised release is subject to
17.32the provisions of section244.05, subdivision 1b .
17.33EFFECTIVE DATE.This section is effective July 1, 2009, and applies to persons
17.34sentenced on or after that date.
18.1 Sec. 14. Minnesota Statutes 2008, section 244.14, subdivision 3, is amended to read:
18.2 Subd. 3. Sanctions. The commissioner shall impose severe and meaningful
18.3sanctions for violating the conditions of an intensive community supervision program.
18.4The commissioner shall provide for revocation of intensive community supervision of an
18.5offender who:
18.6(1) commits a material violation of or repeatedly fails to follow the rules of the
18.7program;
18.8(2) commits any misdemeanor, gross misdemeanor, or felony offense; or
18.9(3) presents a risk to the public, based on the offender's behavior, attitude, or abuse
18.10of alcohol or controlled substances. The revocation of intensive community supervision is
18.11governed by the procedures in the commissioner's rules adopted under section244.05,
18.12subdivision 2 .
18.13An offender whose intensive community supervision is revoked shall be imprisoned
18.14for a time period equal to the offender's term of imprisonment, but in no case for longer
18.15than the time remaining in the offender's sentence. "Term of imprisonment" means a
18.16time period equal totwo-thirds 60 percent of the sentence originally executed by the
18.17sentencing court, minus jail credit, if any.
18.18EFFECTIVE DATE.This section is effective July 1, 2009, and applies to persons
18.19sentenced on or after that date.
18.20 Sec. 15. Minnesota Statutes 2008, section 244.171, subdivision 4, is amended to read:
18.21 Subd. 4. Sanctions. The commissioner shall impose severe and meaningful
18.22sanctions for violating the conditions of the challenge incarceration program. The
18.23commissioner shall remove an offender from the challenge incarceration program if the
18.24offender:
18.25(1) commits a material violation of or repeatedly fails to follow the rules of the
18.26program;
18.27(2) commits any misdemeanor, gross misdemeanor, or felony offense; or
18.28(3) presents a risk to the public, based on the offender's behavior, attitude, or abuse
18.29of alcohol or controlled substances. The removal of an offender from the challenge
18.30incarceration program is governed by the procedures in the commissioner's rules adopted
18.31under section244.05, subdivision 2 .
18.32An offender who is removed from the challenge incarceration program shall be
18.33imprisoned for a time period equal to the offender's term of imprisonment, minus earned
18.34good time if any, but in no case for longer than the time remaining in the offender's
19.1sentence. "Term of imprisonment" means a time period equal totwo-thirds 60 percent of
19.2the sentence originally executed by the sentencing court, minus jail credit, if any.
19.3EFFECTIVE DATE.This section is effective July 1, 2009, and applies to persons
19.4sentenced on or after that date.
19.5 Sec. 16. [244.30] CAP ON INCARCERATION FOR FIRST-TIME SUPERVISED
19.6RELEASE VIOLATIONS; EXCEPTION FOR SEX OFFENDERS.
19.7(a) If the commissioner revokes the supervised release of a person whose release
19.8on the current offense has not previously been revoked, the commissioner may order the
19.9person to be incarcerated for no more than 90 days or until the expiration of the person's
19.10sentence, whichever is less.
19.11(b) This section does not apply to offenders on supervised release for a violation of
19.12section 609.342, 609.343, 609.344, 609.345, 609.3451, or 609.3453.
19.13EFFECTIVE DATE.This section is effective the day following final enactment.
19.14 Sec. 17. Minnesota Statutes 2008, section 609.105, subdivision 1a, is amended to read:
19.15 Subd. 1a. Definitions. (a) The terms in this subdivision apply to this section.
19.16(b) "Remaining term of imprisonment" as applied to inmates whose crimes were
19.17committed before August 1, 1993, is the period of time for which an inmate is committed
19.18to the custody of the commissioner of corrections minus earned good time and jail credit,
19.19if any.
19.20(c) "Remaining term of imprisonment" as applied to inmates whose crimes were
19.21committed on or after August 1, 1993, is the period of time equal totwo-thirds 60 percent
19.22of the inmate's executed sentence, minus jail credit, if any.
19.23EFFECTIVE DATE.This section is effective July 1, 2009, and applies to persons
19.24sentenced on or after that date.
19.25 Sec. 18. Minnesota Statutes 2008, section 643.29, subdivision 1, is amended to read:
19.26 Subdivision 1. "Good conduct" allowance. Any person sentenced for a term
19.27to any county jail, workhouse, or correctional work farm, whether the term is part of
19.28an executed sentence or is imposed as a condition of probation, shall, when sentenced
19.29to serve ten days or more, diminish the term of the sentenceone day two days for each
19.30two three days served, commencing on the day of arrival, during which the person has
19.31not violated any rule or discipline of the place wherein the person is incarcerated and, if
19.32required to labor, has labored with diligence and fidelity.
20.1EFFECTIVE DATE.This section is effective July 1, 2009, and applies to persons
20.2sentenced on or after that date.
20.3 Sec. 19. RERANKING OF FELONY DWI.
20.4The Minnesota Sentencing Guidelines Commission shall consider reranking
20.5violations of Minnesota Statutes, section 169A.24 (felony DWI) at severity level V or VI.
20.6EFFECTIVE DATE.This section is effective the day following final enactment.
20.7 Sec. 20. REPEALER.
20.8Minnesota Statutes 2008, section 152.026, is repealed.
20.9EFFECTIVE DATE.This section is effective the day following final enactment.
20.14 Section 1. Minnesota Statutes 2008, section 3.195, subdivision 1, is amended to read:
20.15 Subdivision 1. Distribution of reports. (a) Except as provided in subdivision
20.164, a report to the legislature required of a department or agency shall be made, unless
20.17otherwise specifically required by law, by filing one copy with the secretary of the senate,
20.18one copy with the chief clerk of the house of representatives, and six copies with the
20.19Legislative Reference Library. The same distribution procedure shall be followed for
20.20other reports and publications unless otherwise requested by a legislator or the Legislative
20.21Reference Library.
20.22(b) A public entity as defined in section16B.122 , shall not distribute a report
20.23or publication to a member or employee of the legislature, except the secretary of the
20.24senate, the chief clerk of the house of representatives, and the Legislative Reference
20.25Library, unless the entity has determined that the member or employee wants the reports
20.26or publications published by that entity or the member or employee has requested the
20.27report or publication. This prohibition applies to both mandatory and voluntary reports
20.28and publications. A report or publication may be summarized in an executive summary
20.29and distributed as the entity chooses. Distribution of a report to legislative committee
20.30or commission members during a committee or commission hearing is not prohibited
20.31by this section.
20.32(c) A report or publication produced by a public entity may not be sent to both the
20.33home address and the office address of a representative or senator unless mailing to both
20.34addresses is requested by the representative or senator.
21.1(d) Reports, publications, periodicals, and summaries under this subdivision must
21.2be printed in a manner consistent with section16B.122 .
21.3 Sec. 2. Minnesota Statutes 2008, section 3.195, is amended by adding a subdivision to
21.4read:
21.5 Subd. 4. Reports of criminal justice agencies; electronic versions only. (a) As
21.6used in this subdivision, "criminal justice agency" means the Departments of Corrections,
21.7Public Safety, and Human Rights; the Boards of Public Defense, Peace Officer Standards
21.8and Training, Private Detective and Protective Agent Services, and Judicial Standards; the
21.9Sentencing Guidelines and Uniform Laws Commissions; and the courts.
21.10(b) A criminal justice agency that submits a report to the legislature under this
21.11section shall do so by submitting an electronic version rather than a printed one.
21.12Notwithstanding subdivision 1, paragraph (a), and section 15.18, the agency need submit
21.13only one electronic copy to the Legislative Reference Library, the State Library, and the
21.14Minnesota Historical Society. In addition, the agency shall submit one printed copy to
21.15the Legislative Reference Library.
21.16 Sec. 3. Minnesota Statutes 2008, section 241.27, subdivision 1a, is amended to read:
21.17 Subd. 1a. Marketing plan. (a) The commissioner of corrections, in consultation
21.18with the commissioner of employment and economic development, shall develop,
21.19implement, and maintain a formal marketing plan to attract private sector businesses and
21.20industries and state and local government agencies to employ inmate services through
21.21MINNCOR industries.
21.22(b) By September 15, 2009, the commissioner shall report to the chairs and ranking
21.23minority members of the senate and house committees and divisions having jurisdiction
21.24over criminal justice policy and funding on the plan.
21.25(c) The plan shall be reviewed and updated annually by the commissioner of
21.26corrections.
21.27 Sec. 4. Minnesota Statutes 2008, section 241.27, is amended by adding a subdivision
21.28to read:
21.29 Subd. 6. Reports and financial statements. MINNCOR shall include its full costs
21.30for inmate wages and the money it receives from the department for inmate confinement
21.31costs in its annual financial statements and reports. In addition, MINNCOR shall disclose
21.32in its annual report how the money it receives from the department for inmate confinement
21.33costs affects its profitability.
22.1 Sec. 5. Minnesota Statutes 2008, section 241.27, is amended by adding a subdivision
22.2to read:
22.3 Subd. 7. Interactions with private businesses. (a) MINNCOR shall use revenue
22.4contracts, not purchase orders, whenever it allows private businesses to use inmate labor.
22.5(b) MINNCOR shall develop a uniform method to report sales and expenditure data
22.6related to individual labor arrangements with private businesses. MINNCOR shall review
22.7the data annually to assess how the arrangements, both individually and collectively, affect
22.8MINNCOR's achieving its goals of high inmate participation in industry and profitability.
22.9 Sec. 6. Minnesota Statutes 2008, section 241.27, is amended by adding a subdivision
22.10to read:
22.11 Subd. 8. Contracts; work on projects before and after. MINNCOR may not
22.12begin work on projects until a contract has been signed and may not continue work on a
22.13project after a contract has expired.
22.14 Sec. 7. Minnesota Statutes 2008, section 244.055, subdivision 2, is amended to read:
22.15 Subd. 2. Conditional release of certain nonviolent controlled substance
22.16offenders and nonviolent nondrug offenders. An offender who has been committed to
22.17the commissioner's custody may petition the commissioner for conditional release from
22.18prison before the offender's scheduled supervised release date or target release date if:
22.19(1) the offender is serving a sentence for violating section152.021, subdivision 2
22.20or 2a;152.022, subdivision 2 ;
152.023 ;
152.024 ; or
152.025 , or serving a sentence for a
22.21nonviolent nondrug offense;
22.22(2) the offender committed the crime as a result of a controlled substance addiction,
22.23and not primarily for profit;
22.24(3) the offender has served at least 36 months or one-half of the offender's term of
22.25imprisonment, whichever is less;
22.26(4) the offender successfully completed a chemical dependency treatment program
22.27of the type described in this section while in prison;
22.28(5) the offender has not previously been conditionally released under this section; and
22.29(6) the offender has not within the past ten years been convicted or adjudicated
22.30delinquent for a violent crime as defined in section609.1095 other than the current
22.31conviction for the controlled substance offense or nonviolent nondrug offense.
22.32 Sec. 8. Minnesota Statutes 2008, section 244.055, subdivision 3, is amended to read:
22.33 Subd. 3. Offer of chemical dependency treatment. The commissioner shall offer
22.34all offenders meeting the criteria described in subdivision 2, clauses (1), (2), (5), and (6),
23.1the opportunity to begin a suitable chemical dependency treatment program of the type
23.2described in this section within 160 days after the offender's term of imprisonment begins
23.3or as soon after 160 days as possible. In making the determination under subdivision 2,
23.4clause (2), that the offender has a controlled substance addiction, the commissioner shall
23.5consider the chemical dependency assessment completed at intake, and that the offender is
23.6more suitable for early release, the commissioner shall consider validated risk assessment
23.7tools such as the Level of Service Inventory-Revised (LSI-R).
23.8 Sec. 9. Minnesota Statutes 2008, section 244.055, subdivision 5, is amended to read:
23.9 Subd. 5. Additional requirements. To be eligible for release under this section,
23.10an offender shall sign a written contract with the commissioner agreeing to comply with
23.11the requirements of this section and the conditions imposed by the commissioner.In
23.12addition to other items, the contract must specifically refer to the term of imprisonment
23.13extension in subdivision 6. In addition, the offender shall agree to submit to random drug
23.14and alcohol tests and electronic or home monitoring as determined by the commissioner or
23.15the offender's supervising agent. The commissioner may impose additional requirements
23.16on the offender that are necessary to carry out the goals of this section.
23.17 Sec. 10. Minnesota Statutes 2008, section 244.055, subdivision 7, is amended to read:
23.18 Subd. 7. Release procedures. After consulting with the panel of judges created
23.19under subdivision 7a, the commissioner may deny conditional release to an offender under
23.20this section if the commissioner determines that the offender's release may reasonably pose
23.21a danger to the public or an individual. In making this determination, the commissioner
23.22shall follow the procedures contained in section244.05, subdivision 5 , and the rules
23.23adopted by the commissioner under that subdivision. The commissioner shall consider
23.24whether the offender was involved in criminal gang activity during the offender's prison
23.25term. The commissioner shall also consider the offender's custody classification and
23.26level of risk of violence and the availability of appropriate community supervision for
23.27the offender. Conditional release granted under this section continues until the offender's
23.28sentence expires, unless release is rescinded under subdivision 8. The commissioner
23.29may not grant conditional release unless a release plan is in place for the offender that
23.30addresses, at a minimum, plans for aftercare, community-based chemical dependency
23.31treatment, gaining employment, and securing housing.
23.32 Sec. 11. Minnesota Statutes 2008, section 244.055, is amended by adding a subdivision
23.33to read:
24.1 Subd. 7a. Panel of judges. The Chief Justice of the Supreme Court shall appoint
24.2three retired judges to advise the commissioner of corrections on eligibility decisions
24.3made under this section.
24.4 Sec. 12. Minnesota Statutes 2008, section 244.055, is amended by adding a subdivision
24.5to read:
24.6 Subd. 10a. Savings used for drug treatment. The commissioner shall use any
24.7savings realized from the early release of offenders under this section for chemical
24.8dependency treatment programs in state correctional facilities.
24.9 Sec. 13. [244.085] FELONY DWI REPORT.
24.10 By January 15 of each year, the commissioner shall report to the chairs and
24.11ranking minority members of the house of representatives and senate committees
24.12having jurisdiction over criminal justice policy and funding on the implementation and
24.13effects of the felony level driving while impaired offense. The report must include the
24.14following information on felony level driving while impaired offenses involving offenders
24.15committed to the commissioner's custody:
24.16 (1) the number of persons committed;
24.17 (2) the county of conviction;
24.18 (3) the offenders' ages and gender;
24.19 (4) the offenders' prior impaired driving histories and prior criminal histories;
24.20 (5) the number of offenders:
24.21 (i) given an executed prison sentence upon conviction and the length of the sentence;
24.22 (ii) given an executed prison sentence upon revocation of probation, the reasons
24.23for revocation, and the length of sentence;
24.24 (iii) who successfully complete treatment in prison;
24.25 (iv) placed on intensive supervision following release from incarceration;
24.26(v) placed in the challenge incarceration program, the number of offenders released
24.27from prison under this program, and the number of these offenders who violate their
24.28release conditions and the consequences imposed; and
24.29 (vi) who violate supervised release and the consequences imposed;
24.30 (6) per diem costs, including treatment costs, for offenders incarcerated under the
24.31felony sentence provisions; and
24.32 (7) any other information the commissioner deems relevant to estimating future
24.33costs.
24.34 Sec. 14. Minnesota Statutes 2008, section 244.17, is amended to read:
25.1244.17 CHALLENGE INCARCERATION PROGRAM.
25.2 Subdivision 1. Generally. The commissionermay shall select offenders who
25.3meet the eligibility requirements of subdivisions 2 and 3 to participate in a challenge
25.4incarceration program described in sections244.171 and
244.172 for all or part of the
25.5offender's sentence if the offender agrees to participate in the program and signs a written
25.6contract with the commissioner agreeing to comply with the program's requirements.
25.7 Subd. 2. Eligibility. (a) Unless a person is ineligible under subdivision 3, the
25.8commissioner mustlimit offer a bed in the challenge incarceration program to the
25.9following persons:
25.10(1) offenders who are committed to the commissioner's custody following revocation
25.11of a stayed sentence; and
25.12(2) offenders who are committed to the commissioner's custody, who have 48
25.13months or less in or remaining in their term of imprisonment, and who did not receive a
25.14dispositional departure under the Sentencing Guidelines.
25.15(b) If there is insufficient space for an eligible person, the commissioner shall place
25.16the person's name on a waiting list and offer the person the chance to participate when
25.17space becomes available.
25.18 Subd. 3. Offenders not eligible. (a) The following offenders are not eligible to be
25.19placed in the challenge incarceration program:
25.20(1) offenders who are committed to the commissioner's custody following a
25.21conviction for murder, manslaughter, criminal sexual conduct, assault, kidnapping,
25.22robbery, arson, or any other offense involving death or intentional personal injury;and
25.23(2) offenders who were convicted within the preceding ten years of an offense
25.24described in clause (1) and were committed to the custody of the commissioner.;
25.25(3) offenders who have been convicted or adjudicated delinquent within the past five
25.26years for a violation of section 609.485;
25.27(4) offenders who are committed to the commissioner's custody for an offense that
25.28requires registration under section 243.166;
25.29(5) offenders who are the subject of a current arrest warrant or detainer;
25.30(6) offenders who have fewer than 180 days remaining until their supervised release
25.31date;
25.32(7) offenders who have had disciplinary confinement time added to their sentence or
25.33who have been placed in segregation, unless 90 days have elapsed from the imposition of
25.34the additional disciplinary confinement time or the last day of segregation;
25.35(8) offenders who have received a suspended formal disciplinary sanction, unless the
25.36suspension has expired;
26.1(9) offenders whose governing sentence is for an offense from another state or the
26.2United States; and
26.3(10) offenders who have a medical condition included on the list of ineligible
26.4conditions described in paragraph (b).
26.5(b) The commissioner of corrections shall develop a list of medical conditions that
26.6will disqualify an offender from participating in the challenge incarceration program.
26.7The commissioner shall submit the list and any changes to it to the chairs and ranking
26.8minority members of the senate and house committees having jurisdiction over criminal
26.9justice policy and funding.
26.10 Sec. 15. Minnesota Statutes 2008, section 244.172, subdivision 1, is amended to read:
26.11 Subdivision 1. Phase I. Phase I of the program lasts at least six months. The
26.12offender must be confinedin a state correctional facility designated by the commissioner
26.13at the Minnesota Correctional Facility - Willow River/Moose Lake or the Minnesota
26.14Correctional Facility - Togo and must successfully participate in all intensive treatment,
26.15education and work programs required by the commissioner. The offender must also
26.16submit on demand to random drug and alcohol testing at time intervals set by the
26.17commissioner. Throughout phase I, the commissioner must severely restrict the offender's
26.18telephone and visitor privileges.
26.19 Sec. 16. Minnesota Statutes 2008, section 299N.02, subdivision 3, is amended to read:
26.20 Subd. 3. Powers and duties. (a) The board shall:
26.21 (1) review fire service training needs and make recommendations on training to
26.22Minnesota fire service organizations;
26.23 (2) establish standards for educational programs for the fire service and develop
26.24procedures for continuing oversight of the programs;and
26.25 (3) establish qualifications for fire service training instructors in programs
26.26established under clause (2); and
26.27(4) license full-time firefighters and volunteer firefighters under this chapter.
26.28 (b) The board may:
26.29 (1) hire or contract for technical or professional services according to section15.061 ;
26.30 (2) pay expenses necessary to carry out its duties;
26.31 (3) apply for, receive, and accept grants, gifts, devises, and endowments that any
26.32entity may make to the board for the purposes of this chapter and may use any money
26.33given to it consistent with the terms and conditions under which the money was received
26.34and for the purposes stated;
27.1 (4) make recommendations to the legislature to improve the quality of firefighter
27.2training;
27.3 (5) collect and provide data, subject to section13.03 ;
27.4 (6) conduct studies and surveys and make reports; and
27.5 (7) conduct other activities necessary to carry out its duties.
27.6 Sec. 17. [299N.03] DEFINITIONS.
27.7 Subdivision 1. Scope. The terms used in sections 299N.04 and 299N.05 have the
27.8meanings given them in this section.
27.9 Subd. 2. Board. "Board" means the Board of Firefighter Training and Education
27.10established under section 299N.02.
27.11 Subd. 3. Chief firefighting officer. "Chief firefighting officer" means the highest
27.12ranking employee or appointed official of a fire department.
27.13 Subd. 4. Fire department. "Fire department" has the meaning given it in section
27.14299F.092, subdivision 6. For purposes of sections 299N.04 and 299N.05, fire department
27.15also includes a division of a state agency, regularly charged with the responsibility of
27.16providing fire protection to the state or a local government, to include a private, nonprofit
27.17fire department directly serving a local government, but does not include an industrial
27.18fire brigade.
27.19 Subd. 5. Licensed firefighter. "Licensed firefighter" means a full-time firefighter,
27.20to include a fire department employee, member, supervisor, or appointed official, who is
27.21licensed by the board and who is charged with the prevention or suppression of fires within
27.22the boundaries of the state. Licensed firefighter may also include a volunteer firefighter.
27.23 Subd. 6. Full-time firefighter. A "full-time firefighter" is a person who is employed
27.24and charged with the prevention or suppression of fires within the boundaries of the state
27.25on a full-time, salaried basis. Full-time firefighter does not include a volunteer, part-time
27.26or paid, on-call firefighter.
27.27 Subd. 7. Volunteer firefighter. A "volunteer firefighter" is a person who is
27.28charged with the prevention or suppression of fires within the boundaries of the state on
27.29a volunteer, part-time, or paid, on-call basis. Volunteer firefighter does not include a
27.30full-time firefighter.
27.31 Sec. 18. [299N.04] FIREFIGHTER CERTIFICATION.
27.32 Subdivision 1. Certification examination; requirements. (a) The board must
27.33appoint an organization that is accredited by the International Fire Service Accreditation
27.34Congress to prepare and administer firefighter certification examinations. Firefighter
28.1certification examinations shall be designed to ensure competency in at least the following
28.2areas:
28.3(1) fire prevention;
28.4(2) fire suppression; and
28.5(3) hazardous materials operations.
28.6(b) To receive a certificate, an individual must demonstrate competency in fire
28.7prevention and fire suppression.
28.8(c) Nothing in this section shall be construed to prohibit any requirement imposed
28.9by a local fire department for more comprehensive training.
28.10 Subd. 2. Eligibility for certification examination. Except as provided in
28.11subdivision 3, any person may take the firefighter certification examination who has
28.12successfully completed the following:
28.13(1)(i) a firefighter course from a postsecondary educational institution, an accredited
28.14institution of higher learning, or such other entity that teaches a course that has been
28.15approved by the board; or (ii) an apprenticeship or cadet program maintained by a fire
28.16department employing the person that has been approved by the board; and
28.17(2) a skills-oriented basic training course.
28.18 Subd. 3. Certain baccalaureate or associate degree holders eligible to take
28.19certification examination. A person with a baccalaureate degree, or with an associate
28.20degree in applied fire science technology, from an accredited college or university who
28.21has successfully completed the skills-oriented basic training course under subdivision 2,
28.22clause (2), is eligible to take the firefighter certification examination notwithstanding the
28.23requirements of subdivision 2, clause (1).
28.24 Sec. 19. [299N.05] LICENSE REQUIRED.
28.25 Subdivision 1. Licensure requirement. A full-time firefighter employed on or after
28.26July 1, 2011, by a fire department is not eligible for permanent employment without
28.27being licensed as a firefighter by the board.
28.28 Subd. 2. Optional licensing. A volunteer firefighter may receive or apply for
28.29licensure under this section and section 299N.04 under the same terms as full-time
28.30firefighters.
28.31 Subd. 3. Prior appointment. A full-time firefighter or a volunteer firefighter who
28.32has received a permanent appointment with a fire department prior to July 1, 2011, shall
28.33be licensed by the board at the request of the firefighter upon providing the board with a
28.34statement signed by the chief firefighting officer of the fire department that employs the
28.35full-time or volunteer firefighter.
29.1 Subd. 4. Newly employed firefighters. Any full-time firefighter employed by a fire
29.2department on or after July 1, 2011, must obtain a license from the board. To obtain a
29.3license, an individual not covered by subdivision 3 must provide the board with a statement
29.4signed by the chief firefighting officer of the fire department that employs the full-time
29.5firefighter that the individual has met the certification requirements of section 299N.04.
29.6 Subd. 5. Issuance of license. The board shall license any individual who meets
29.7the requirements of subdivision 3 or 4. A license is valid for three years from the date of
29.8issuance, and the fee for the license is $75.
29.9 Subd. 6. License renewal. A license shall be renewed so long as the firefighter and
29.10the chief firefighting officer provide evidence to the board that the licensed firefighter has
29.11had at least 72 hours of firefighting training in the previous three-year period. The fee for
29.12renewing a firefighter license is $75, and the license is valid for an additional three years.
29.13 Subd. 7. Duties of chief firefighting officer. It shall be the duty of every chief
29.14firefighting officer to ensure that all full-time firefighters have a license from the board
29.15beginning July 1, 2011. Each full-time firefighter, volunteer firefighter, and chief
29.16firefighting officer may apply for licensure after January 1, 2011.
29.17 Subd. 8. Revocation; suspension; denial. The board may revoke, suspend, or
29.18deny a license issued or applied for under this section to a firefighter or applicant if the
29.19firefighter or applicant has been convicted of a felony recognized by the board as a crime
29.20that would disqualify the licensee from participating in the profession of firefighting.
29.21 Subd. 9. Petty misdemeanor; discharge. A person who is employed as a full-time
29.22firefighter and who is not currently licensed under this section is guilty of a petty
29.23misdemeanor and must be immediately discharged from employment.
29.24 Subd. 10. Fees. The board shall forward all fees collected under this section to the
29.25commissioner of finance who shall credit them to the general fund.
29.26 Subd. 11. Use of money from fire safety account. The board may use money
29.27from the fire safety account described in section 299F.012 to pay for costs incurred under
29.28sections 299N.04 and 299N.05.
29.29 Sec. 20. Minnesota Statutes 2008, section 357.021, subdivision 6, is amended to read:
29.30 Subd. 6. Surcharges on criminal and traffic offenders. (a) Except as provided
29.31in this paragraph, the court shall impose and the court administrator shall collect a $75
29.32surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or
29.33petty misdemeanor offense, other than a violation of a law or ordinance relating to vehicle
29.34parking, for which there shall be a $4 surcharge. In the Second Judicial District, the
30.1court shall impose, and the court administrator shall collect, an additional $1 surcharge
30.2on every person convicted of any felony, gross misdemeanor, misdemeanor, or petty
30.3misdemeanor offense, including a violation of a law or ordinance relating to vehicle
30.4parking, if the Ramsey County Board of Commissioners authorizes the $1 surcharge. The
30.5surcharge shall be imposed whether or not the person is sentenced to imprisonment or the
30.6sentence is stayed. The surcharge shall not be imposed when a person is convicted of a
30.7petty misdemeanor for which no fine is imposed.
30.8 (b) If the court fails to impose a surcharge as required by this subdivision, the court
30.9administrator shall show the imposition of the surcharge, collect the surcharge, and
30.10correct the record.
30.11 (c) The court may not waive payment of the surcharge required under this
30.12subdivision. Upon a showing of indigency or undue hardship upon the convicted person
30.13or the convicted person's immediate family, the sentencing court may authorize payment
30.14of the surcharge in installments.
30.15 (d) The court administrator or other entity collecting a surcharge shall forward it
30.16to the commissioner of finance.
30.17 (e) If the convicted person is sentenced to imprisonment and has not paid the
30.18surcharge before the term of imprisonment begins, the chief executive officer of the
30.19correctional facility in which the convicted person is incarcerated shall collect the
30.20surcharge from any earnings the inmate accrues from work performed in the facility
30.21or while on conditional release. The chief executive officer shall forward the amount
30.22collected to thecommissioner of finance court administrator or other entity collecting the
30.23surcharge imposed by the court.
30.24EFFECTIVE DATE.This section is effective July 1, 2009, and applies to
30.25surcharges collected by the chief executive officer of a correctional facility on or after
30.26that date.
30.27 Sec. 21. REVIEW OF REPORTS.
30.28The Sentencing Guidelines Commission and the Departments of Corrections
30.29and Public Safety shall each review its reports for consolidation and may consider
30.30consolidating any reports with other reports to achieve administrative convenience or
30.31fiscal savings or to reduce the burden of reporting requirements.
30.32 Sec. 22. REPEALER.
30.33Minnesota Statutes 2008, sections 244.055, subdivisions 6 and 11; 260B.199,
30.34subdivision 2; 260B.201, subdivision 3; and 325E.22, are repealed."
30.35Delete the title and insert:
31.2relating to public safety; appropriating money for public safety, corrections,
31.3and other criminal justice agencies; requiring annual appropriation of money in
31.4Bureau of Criminal Apprehension account to commissioner of public safety;
31.5repealing the mandatory minimum sentences for predatory offender registration
31.6offenses and subsequent controlled substances offenses; providing a 90-day cap
31.7on incarceration for certain first-time supervised release violations; eliminating
31.8the requirement that judges impose a minimum sentence on felony DWI
31.9offenders; requesting the Sentencing Guidelines Commission to rerank the
31.10felony DWI offense; requiring that prisoners serve a minimum of 60 percent of
31.11their prison sentence; providing for supervised release of offenders; expanding
31.12the challenge incarceration program; requiring the Sentencing Guidelines
31.13Commission and the Departments of Corrections and Public Safety to review
31.14its reports; requiring Department of Corrections to annually report on felony
31.15DWI offenders; requiring that reports to the legislature by criminal justice
31.16agencies be submitted electronically; modifying and expanding the conditional
31.17release program for nonviolent drug offenders; including an advisory board
31.18for consultation with the commissioner of corrections for the conditional
31.19release program; repealing the conditional release program's sunset; authorizing
31.20correctional facilities to forward surcharges from offender wages to court or
31.21other entity collecting the surcharge; repealing reports on out-of-state juvenile
31.22placement; implementing the legislative auditor's recommendations relating
31.23to MINNCOR; requiring the licensure of firefighters; imposing criminal
31.24penalties; appropriating money; amending Minnesota Statutes 2008, sections
31.253.195, subdivision 1, by adding a subdivision; 152.021, subdivision 3; 152.022,
31.26subdivision 3; 152.023, subdivision 3; 152.024, subdivision 3; 152.025,
31.27subdivision 3; 169A.275, subdivisions 3, 4, 5; 169A.276, subdivisions 1, 2;
31.28171.29, subdivision 2; 241.27, subdivision 1a, by adding subdivisions; 243.166,
31.29subdivision 5; 244.01, subdivision 8; 244.055, subdivisions 2, 3, 5, 7, by adding
31.30subdivisions; 244.101, subdivision 1; 244.14, subdivision 3; 244.17; 244.171,
31.31subdivision 4; 244.172, subdivision 1; 299N.02, subdivision 3; 357.021,
31.32subdivision 6; 609.105, subdivision 1a; 643.29, subdivision 1; proposing coding
31.33for new law in Minnesota Statutes, chapters 244; 299N; repealing Minnesota
31.34Statutes 2008, sections 152.026; 244.055, subdivisions 6, 11; 260B.199,
31.35subdivision 2; 260B.201, subdivision 3; 325E.22."
1.2Delete everything after the enacting clause and insert:
| 1.5 |
Section 1. SUMMARY OF APPROPRIATIONS. |
||||||
1.7in this article.
| 1.17 |
Sec. 2. PUBLIC SAFETY APPROPRIATIONS. |
||||||
1.19agencies and for the purposes specified in this article. The appropriations are from the
1.20general fund, or another named fund, and are available for the fiscal years indicated
1.21for each purpose. The figures "2010" and "2011" used in this article mean that the
1.22appropriations listed under them are available for the fiscal year ending June 30, 2010, or
1.23June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is fiscal
1.24year 2011. "The biennium" is fiscal years 2010 and 2011. Appropriations for the fiscal
1.25year ending June 30, 2009, are effective the day following final enactment.
| 1.26 |
APPROPRIATIONS |
||||||
| 1.27 |
Available for the Year |
||||||
| 1.28 |
Ending June 30 |
||||||
| 1.29 |
2010 |
2011 |
|||||
| 1.30 |
Sec. 3. PUBLIC SAFETY |
||||||
| 1.31 |
Subdivision 1.Total Appropriation |
$ |
155,206,000 |
$ |
158,969,000 |
||
2.4purpose are specified in the following
2.5subdivisions.
2.6Car Fleet. By January 1, 2010, the
2.7commissioner must reduce the department's
2.8fleet of cars by 20 percent.
2.9Prohibition on Use of Appropriation. No
2.10portion of this appropriation may be used
2.11for: (1) computer, telephone, motor vehicle,
2.12or technology purchases or upgrades, or for
2.13new leases on those items; or (2) out-of-state
2.14travel that is not directly connected with and
2.15necessary to carry out the core functions of
2.16the department.
2.17Changes in Personnel Policies. The
2.18commissioner shall consider discontinuing
2.19the practice of entering into agreements with
2.20the Office of the Governor to pay personnel
2.21costs of policy advisors to the governor.
| 2.22 |
Subd. 2.Emergency Management |
2,413,000 |
2,413,000 |
||||
| 2.23 |
Appropriations by Fund |
||
| 2.24 |
General |
2,344,000 |
2,344,000 |
| 2.25 |
Environmental |
69,000 |
69,000 |
| 2.26 |
Subd. 3.Criminal Apprehension |
41,041,000 |
41,041,000 |
||||
| 2.27 |
Appropriations by Fund |
||
| 2.28 |
General |
40,661,000 |
40,661,000 |
| 2.29 2.30 |
State Government Special Revenue |
7,000 |
7,000 |
| 2.31 |
Trunk Highway |
373,000 |
373,000 |
| 2.32 |
Subd. 4.Fire Marshal |
8,500,000 |
8,500,000 |
||||
2.34account in the special revenue fund.
3.1Of this amount, $5,732,000 each year is for
3.2activities under Minnesota Statutes, section
3.3299F.012, and $2,768,000 each year is for
3.4transfer to the general fund under Minnesota
3.5Statutes, section 297I.06, subdivision 3.
| 3.6 |
Subd. 5.Alcohol and Gambling Enforcement |
2,470,000 |
2,470,000 |
||||
| 3.7 |
Appropriations by Fund |
||
| 3.8 |
General |
1,567,000 |
1,567,000 |
| 3.9 |
Special Revenue |
903,000 |
903,000 |
3.11enforcement account in the special revenue
3.12fund. Of this appropriation, $750,000 each
3.13year shall be transferred to the general fund.
3.14The transfer amount for fiscal year 2012 and
3.15fiscal year 2013 shall be $500,000 per year.
| 3.16 |
Subd. 6.Office of Justice Programs |
34,812,000 |
34,812,000 |
||||
| 3.17 |
Appropriations by Fund |
||
| 3.18 |
General |
34,716,000 |
34,716,000 |
| 3.19 3.20 |
State Government Special Revenue |
96,000 |
96,000 |
3.22of the grant funds appropriated in this
3.23subdivision may be used to administer the
3.24grant program.
3.25Prorated Base Cut. The commissioner shall
3.26pro rate the base cut to the Office of Justice
3.27programs among the various programs and
3.28grants funded by the office.
3.29Federal Stimulus Funds. The Office
3.30of Justice programs shall give priority to
3.31awarding grants for federal stimulus funds to
3.32the following activities and programs:
3.33(1) organizations that provide mentoring
3.34grants for children of incarcerated parents;
4.1(2) youth intervention programs, as defined
4.2under Minnesota Statutes, section 299A.73,
4.3with an emphasis on those programs that
4.4provide early intervention youth services to
4.5children in their communities; and
4.6(3) re-entry programs for offenders,
4.7including the nonprofit organization selected
4.8to administer the demonstration project for
4.9high risk adults under Laws 2007, chapter
4.1054, article 1, section 19.
4.11For purposes of this subdivision, "federal
4.12stimulus funds" means funding provided to
4.13the state under the American Recovery and
4.14Reinvestment Act of 2009.
| 4.15 4.16 |
Subd. 7.911 Emergency Communication Network |
66,470,000 |
70,233,000 |
||||
4.18government special revenue fund for 911
4.19emergency telecommunications services.
4.20Public Safety Answering Points.
4.21$13,664,000 each year is to be distributed
4.22as provided in Minnesota Statutes, section
4.23403.113, subdivision 2.
4.24 Medical Resource Communication
4.25Centers. $683,000 each year is for grants
4.26to the Minnesota Emergency Medical
4.27Services Regulatory Board for the Metro
4.28East and Metro West Medical Resource
4.29Communication Centers that were in
4.30operation before January 1, 2000.
4.31ARMER Debt Service. $17,557,000 the
4.32first year and $23,261,000 the second year
4.33are to the commissioner of finance to pay
5.1debt service on revenue bonds issued under
5.2Minnesota Statutes, section 403.275.
5.3Any portion of this appropriation not needed
5.4to pay debt service in a fiscal year may be
5.5used by the commissioner of public safety to
5.6pay cash for any of the capital improvements
5.7for which bond proceeds were appropriated
5.8by Laws 2005, chapter 136, article 1, section
5.99, subdivision 8; or Laws 2007, chapter 54,
5.10article 1, section 10, subdivision 8.
5.11Metropolitan Council Debt Service.
5.12$1,410,000 each year is to the commissioner
5.13of finance for payment to the Metropolitan
5.14Council for debt service on bonds issued
5.15under Minnesota Statutes, section 403.27.
5.16ARMER State Backbone Operating Costs.
5.17$5,060,000 each year is to the commissioner
5.18of transportation for costs of maintaining
5.19and operating the statewide radio system
5.20backbone.
5.21ARMER Improvements. $1,000,000 each
5.22year is for the Statewide Radio Board for
5.23costs of design, construction, maintenance
5.24of, and improvements to those elements
5.25of the statewide public safety radio and
5.26communication system that support mutual
5.27aid communications and emergency medical
5.28services or provide enhancement of public
5.29safety communication interoperability.
5.30Grants to Local Government. $5,000,000
5.31the first year is for grants to local units of
5.32government to assist with the transition to
5.33the ARMER system. This appropriation is
5.34available until June 30, 2012.
6.1Next Generation 911. $3,431,000 the first
6.2year and $6,490,000 the second year are
6.3to replace the current system with the Next
6.4Generation Internet Protocol (IP) based
6.5network. The base level of funding for fiscal
6.6year 2012 shall be $2,965,000.
| 6.7 6.8 |
Sec. 4. PEACE OFFICER STANDARDS AND TRAINING BOARD (POST) |
$ |
4,025,000 |
$ |
4,025,000 |
||
6.10appropriation is from the peace officer
6.11training account in the special revenue fund.
6.12Any new receipts credited to that account in
6.13the first year in excess of $4,025,000 must be
6.14transferred and credited to the general fund.
6.15Any new receipts credited to that account in
6.16the second year in excess of $4,025,000 must
6.17be transferred and credited to the general
6.18fund.
6.19Peace Officer Training Reimbursements.
6.20$2,856,000 each year is for reimbursements
6.21to local governments for peace officer
6.22training costs.
6.23Prohibition on Use of Appropriation. No
6.24portion of this appropriation may be used
6.25for out-of-state travel that is not directly
6.26connected with and necessary to carry out
6.27the core functions of the board.
| 6.28 |
Sec. 5. PRIVATE DETECTIVE BOARD |
$ |
123,000 |
$ |
123,000 |
||
6.30portion of this appropriation may be used
6.31for out-of-state travel that is not directly
6.32connected with and necessary to carry out
6.33the core functions of the board.
| 6.34 |
Sec. 6. HUMAN RIGHTS |
$ |
3,334,000 |
$ |
3,334,000 |
||
7.2portion of this appropriation may be used
7.3for out-of-state travel that is not directly
7.4connected with and necessary to carry out
7.5the core functions of the department.
| 7.6 |
Sec. 7. DEPARTMENT OF CORRECTIONS |
||||||
| 7.7 |
Subdivision 1.Total Appropriation |
$ |
452,081,000 |
$ |
455,035,000 |
||
| 7.8 |
Appropriations by Fund |
||
| 7.9 |
2010 |
2011 |
|
| 7.10 |
General |
436,191,000 |
439,145,000 |
| 7.11 |
Special Revenue |
890,000 |
890,000 |
| 7.12 |
Federal |
15,000,000 |
15,000,000 |
7.14purpose are specified in the following
7.15subdivisions.
7.16Car Fleet. By January 1, 2010, the
7.17commissioner must reduce the department's
7.18fleet of cars by 20 percent.
7.19Staff Consolidation; Changes in Personnel
7.20Policies. (a) The commissioner shall
7.21consider consolidating staff from correctional
7.22institutions in geographical proximity to
7.23each other to achieve efficiencies and cost
7.24savings. Staff considered for consolidation
7.25must include wardens, deputy wardens, and
7.26human resources, technology, and employee
7.27development personnel.
7.28(b) The commissioner shall consider
7.29consolidating the department's human
7.30resources, technology, and employee
7.31development functions in a centralized
7.32location.
7.33(c) The commissioner shall consider
7.34discontinuing the department's practice
8.1of annually having a warden monitor the
8.2legislative session.
8.3(d) The commissioner shall consider
8.4discontinuing the practice of entering into
8.5agreements with the Office of the Governor
8.6to pay personnel costs of policy advisors to
8.7the governor.
8.8Prohibition on Use of Appropriation. No
8.9portion of this appropriation may be used
8.10for: (1) computer, telephone, motor vehicle,
8.11or technology purchases or upgrades, or for
8.12new leases on those items; or (2) out-of-state
8.13travel that is not directly connected with and
8.14necessary to carry out the core functions of
8.15the department.
8.16Reductions to Certain Programming
8.17Prohibited. When allocating reductions
8.18in services and programming under this
8.19appropriation, the commissioner may not
8.20make reductions to inmate educational
8.21programs, chemical dependency programs,
8.22or reentry programs.
| 8.23 |
Subd. 2.Correctional Institutions |
322,278,000 |
325,232,000 |
||||
| 8.24 |
Appropriations by Fund |
||
| 8.25 |
General |
306,698,000 |
309,652,000 |
| 8.26 |
Special Revenue |
580,000 |
580,000 |
| 8.27 |
Federal |
15,000,000 |
15,000,000 |
8.29year is from the fiscal stabilization account
8.30in the American Recovery and Reinvestment
8.31Act of 2009. This is a onetime appropriation.
8.32The general fund base for this program shall
8.33be $311,535,000 in fiscal year 2012 and
8.34$316,033,000 in fiscal year 2013.
9.1Transfer. Notwithstanding Minnesota
9.2Statutes, section 241.27, $1,000,000 each
9.3year shall be transferred from the Minnesota
9.4Correctional Industries revolving fund to the
9.5general fund.
| 9.6 |
Subd. 3.Community Services |
107,984,000 |
107,984,000 |
||||
| 9.7 |
Appropriations by Fund |
||
| 9.8 |
General |
107,884,000 |
107,884,000 |
| 9.9 |
Special Revenue |
100,000 |
100,000 |
9.11year is for the costs associated with the
9.12housing and care of short-term offenders.
9.13The commissioner may use up to 20 percent
9.14of the total amount of the appropriation
9.15for inpatient medical care for short-term
9.16offenders. All funds remaining at the end
9.17of the fiscal year not expended for inpatient
9.18medical care shall be added to and distributed
9.19with the housing funds. These funds shall
9.20be distributed proportionately based on the
9.21total number of days short-term offenders are
9.22placed locally, not to exceed $55 per day.
9.23The Department of Corrections is exempt
9.24from the state contracting process for the
9.25purposes of paying short-term offender
9.26costs relating to Minnesota Statutes, section
9.27609.105.
9.28Prorated Base Cut. The commissioner shall
9.29pro rate the general fund base reduction
9.30of $14,320,000 to community services
9.31among the Community Corrections Act
9.32subsidy, county probation reimbursements,
9.33and Department of Corrections supervision
9.34services.
| 9.35 |
Subd. 4.Operations Support |
21,819,000 |
21,819,000 |
||||
| 10.1 |
Appropriations by Fund |
||
| 10.2 |
General |
21,609,000 |
21,609,000 |
| 10.3 |
Special Revenue |
210,000 |
210,000 |
| 10.4 |
Sec. 8. SENTENCING GUIDELINES |
$ |
575,000 |
$ |
575,000 |
||
10.6portion of this appropriation may be used
10.7for out-of-state travel that is not directly
10.8connected with and necessary to carry out
10.9the core functions of the commission.
10.10 Sec. 9. Minnesota Statutes 2008, section 171.29, subdivision 2, is amended to read:
10.11 Subd. 2. Reinstatement fees and surcharges allocated and appropriated. (a)
10.12An individual whose driver's license has been revoked as provided in subdivision 1,
10.13except under section
10.14license is reinstated.
10.15 (b) A person whose driver's license has been revoked as provided in subdivision 1
10.16under section
10.17before the driver's license is reinstated, except as provided in paragraph (f). The $250
10.18fee is to be credited as follows:
10.19 (1) Twenty percent must be credited to the driver services operating account in the
10.20special revenue fund as specified in section
10.21 (2) Sixty-seven percent must be credited to the general fund.
10.22 (3) Eight percent must be credited to a separate account to be known as the Bureau of
10.23Criminal Apprehension account. Money in this account
10.24to the commissioner of public safety and the appropriated amount must be apportioned
10.2580 percent for laboratory costs and 20 percent for carrying out the provisions of section
10.27 (4) Five percent must be credited to a separate account to be known as the vehicle
10.28forfeiture account, which is created in the special revenue fund. The money in the account
10.29is annually appropriated to the commissioner for costs of handling vehicle forfeitures.
10.30 (c) The revenue from $50 of the surcharge must be credited to a separate account
10.31to be known as the traumatic brain injury and spinal cord injury account. The revenue
10.32from $50 of the surcharge on a reinstatement under paragraph (f) is credited from the
10.33first installment payment to the traumatic brain injury and spinal cord injury account.
10.34The money in the account is annually appropriated to the commissioner of health to be
10.35used as follows: 83 percent for contracts with a qualified community-based organization
11.1to provide information, resources, and support to assist persons with traumatic brain
11.2injury and their families to access services, and 17 percent to maintain the traumatic
11.3brain injury and spinal cord injury registry created in section
11.4of this paragraph, a "qualified community-based organization" is a private, not-for-profit
11.5organization of consumers of traumatic brain injury services and their family members.
11.6The organization must be registered with the United States Internal Revenue Service under
11.7section 501(c)(3) as a tax-exempt organization and must have as its purposes:
11.8 (1) the promotion of public, family, survivor, and professional awareness of the
11.9incidence and consequences of traumatic brain injury;
11.10 (2) the provision of a network of support for persons with traumatic brain injury,
11.11their families, and friends;
11.12 (3) the development and support of programs and services to prevent traumatic
11.13brain injury;
11.14 (4) the establishment of education programs for persons with traumatic brain injury;
11.15and
11.16 (5) the empowerment of persons with traumatic brain injury through participation
11.17in its governance.
11.18A patient's name, identifying information, or identifiable medical data must not be
11.19disclosed to the organization without the informed voluntary written consent of the patient
11.20or patient's guardian or, if the patient is a minor, of the parent or guardian of the patient.
11.21 (d) The remainder of the surcharge must be credited to a separate account to be
11.22known as the remote electronic alcohol-monitoring program account. The commissioner
11.23shall transfer the balance of this account to the commissioner of finance on a monthly
11.24basis for deposit in the general fund.
11.25 (e) When these fees are collected by a licensing agent, appointed under section
11.27subdivision 4
11.28depository as directed under section
11.29 (f) A person whose driver's license has been revoked as provided in subdivision
11.301 under section
11.31eligible for a public defender under section
11.32an additional $25 of the total amount of the surcharge and 50 percent of the fee required
11.33under paragraph (b) to reinstate the person's driver's license, provided the person meets all
11.34other requirements of reinstatement. If a person chooses to pay 50 percent of the total and
11.35an additional $25, the driver's license must expire after two years. The person must pay an
11.36additional 50 percent less $25 of the total to extend the license for an additional two years,
12.1provided the person is otherwise still eligible for the license. After this final payment of
12.2the surcharge and fee, the license may be renewed on a standard schedule, as provided
12.3under section
12.4Revenue from the handling charge is credited to the driver services operating account in
12.5the special revenue fund and is appropriated to the commissioner.
12.6 (g) Any person making installment payments under paragraph (f), whose driver's
12.7license subsequently expires, or is canceled, revoked, or suspended before payment of
12.8100 percent of the surcharge and fee, must pay the outstanding balance due for the initial
12.9reinstatement before the driver's license is subsequently reinstated. Upon payment of
12.10the outstanding balance due for the initial reinstatement, the person may pay any new
12.11surcharge and fee imposed under paragraph (b) in installment payments as provided
12.12under paragraph (f).
12.16 Section 1. Minnesota Statutes 2008, section 152.021, subdivision 3, is amended to read:
12.17 Subd. 3. Penalty. (a) A person convicted under subdivisions 1 to 2a, paragraph (a),
12.18may be sentenced to imprisonment for not more than 30 years or to payment of a fine of
12.19not more than $1,000,000, or both.
12.20
12.21
12.22
12.23
12.24
12.25two or more counties within a 90-day period, the person may be prosecuted for all of the
12.26sales in any county in which one of the sales occurred.
12.27EFFECTIVE DATE.This section is effective the day following final enactment.
12.28 Sec. 2. Minnesota Statutes 2008, section 152.022, subdivision 3, is amended to read:
12.29 Subd. 3. Penalty. (a) A person convicted under subdivision 1 or 2 may be sentenced
12.30to imprisonment for not more than 25 years or to payment of a fine of not more than
12.31$500,000, or both.
12.32
12.33
12.34
12.35
13.1
13.2two or more counties within a 90-day period, the person may be prosecuted for all of the
13.3sales in any county in which one of the sales occurred.
13.4EFFECTIVE DATE.This section is effective the day following final enactment.
13.5 Sec. 3. Minnesota Statutes 2008, section 152.023, subdivision 3, is amended to read:
13.6 Subd. 3. Penalty. (a) A person convicted under subdivision 1 or 2 may be sentenced
13.7to imprisonment for not more than 20 years or to payment of a fine of not more than
13.8$250,000, or both.
13.9
13.10
13.11
13.12
13.13
13.14by the same person in two or more counties within a 90-day period, the person may be
13.15prosecuted in any county in which one of the sales or acts of possession occurred.
13.16EFFECTIVE DATE.This section is effective the day following final enactment.
13.17 Sec. 4. Minnesota Statutes 2008, section 152.024, subdivision 3, is amended to read:
13.18 Subd. 3. Penalty.
13.19to imprisonment for not more than 15 years or to payment of a fine of not more than
13.20$100,000, or both.
13.21
13.22
13.23
13.24
13.25EFFECTIVE DATE.This section is effective the day following final enactment.
13.26 Sec. 5. Minnesota Statutes 2008, section 152.025, subdivision 3, is amended to read:
13.27 Subd. 3. Penalty.
13.28to imprisonment for not more than five years or to payment of a fine of not more than
13.29$10,000, or both.
13.30
13.31
13.32
13.33
14.1EFFECTIVE DATE.This section is effective the day following final enactment.
14.2 Sec. 6. Minnesota Statutes 2008, section 169A.275, subdivision 3, is amended to read:
14.3 Subd. 3. Fourth offense. (a) Unless the court commits the person to the custody of
14.4the commissioner of corrections
14.5
14.6section
14.7prior impaired driving incidents to either:
14.8(1) a minimum of 180 days of incarceration, at least 30 days of which must be served
14.9consecutively in a local correctional facility;
14.10(2) a program of intensive supervision of the type described in section
14.11(pilot programs of intensive probation for repeat DWI offenders) that requires the person
14.12to consecutively serve at least six days in a local correctional facility; or
14.13(3) a program of staggered sentencing involving a minimum of 180 days of
14.14incarceration, at least 30 days of which must be served consecutively in a local
14.15correctional facility.
14.16(b) The court may order that the person serve not more than 150 days of the
14.17minimum penalty under paragraph (a), clause (1), on home detention or in an intensive
14.18probation program described in section
14.19penalties in this subdivision must be imposed and executed.
14.20EFFECTIVE DATE.This section is effective the day following final enactment.
14.21 Sec. 7. Minnesota Statutes 2008, section 169A.275, subdivision 4, is amended to read:
14.22 Subd. 4. Fifth offense or more. (a) Unless the court commits the person to the
14.23custody of the commissioner of corrections
14.24
14.25violation of section
14.26or more qualified prior impaired driving incidents to either:
14.27(1) a minimum of one year of incarceration, at least 60 days of which must be served
14.28consecutively in a local correctional facility;
14.29(2) a program of intensive supervision of the type described in section
14.30(pilot programs of intensive probation for repeat DWI offenders) that requires the person
14.31to consecutively serve at least six days in a local correctional facility; or
14.32(3) a program of staggered sentencing involving a minimum of one year of
14.33incarceration, at least 60 days of which must be served consecutively in a local
14.34correctional facility.
15.1(b) The court may order that the person serve the remainder of the minimum penalty
15.2under paragraph (a), clause (1), on intensive probation using an electronic monitoring
15.3system or, if such a system is unavailable, on home detention. Notwithstanding section
15.5EFFECTIVE DATE.This section is effective the day following final enactment.
15.6 Sec. 8. Minnesota Statutes 2008, section 169A.275, subdivision 5, is amended to read:
15.7 Subd. 5. Level of care recommended in chemical use assessment. Unless the
15.8court commits the person to the custody of the commissioner of corrections
15.9
15.10required under this section, the court shall order a person to submit to the level of care
15.11recommended in the chemical use assessment conducted under section
15.12safety program; chemical use assessments) if the person is convicted of violating section
15.14as measured at the time, or within two hours of the time, of the offense or if the violation
15.15occurs within ten years of one or more qualified prior impaired driving incidents.
15.16EFFECTIVE DATE.This section is effective the day following final enactment.
15.17 Sec. 9. Minnesota Statutes 2008, section 169A.276, subdivision 1, is amended to read:
15.18 Subdivision 1. Mandatory
15.19
15.20
15.21
15.22
15.23
15.24
15.25
15.26
15.27
15.28
15.29
15.30
15.32custody of the commissioner of corrections
15.33after the person has been released from prison the commissioner shall place the person
15.34on conditional release for five years. The commissioner shall impose any conditions of
16.1release that the commissioner deems appropriate including, but not limited to, successful
16.2completion of an intensive probation program as described in section
16.3programs of intensive probation for repeat DWI offenders). If the person fails to comply
16.4with any condition of release, the commissioner may revoke the person's conditional
16.5release and order the person to serve all or part of the remaining portion of the conditional
16.6release term in prison. The commissioner may not dismiss the person from supervision
16.7before the conditional release term expires. Except as otherwise provided in this section,
16.8conditional release is governed by provisions relating to supervised release. The failure
16.9of a court to direct the commissioner of corrections to place the person on conditional
16.10release, as required in this paragraph, does not affect the applicability of the conditional
16.11release provisions to the person.
16.12
16.13release under this subdivision to pay as much of the costs of the supervision as possible.
16.14The commissioner shall develop appropriate standards for this.
16.15EFFECTIVE DATE.This section is effective the day following final enactment.
16.16 Sec. 10. Minnesota Statutes 2008, section 169A.276, subdivision 2, is amended to read:
16.17 Subd. 2. Stay of mandatory sentence. The provisions of sections
16.18(mandatory penalties; nonfelony violations), subdivision 3 or 4, and subdivision 5, and
16.20DWI offender's sentence
16.21the provisions of section
16.22EFFECTIVE DATE.This section is effective the day following final enactment.
16.23 Sec. 11. Minnesota Statutes 2008, section 243.166, subdivision 5, is amended to read:
16.24 Subd. 5. Criminal penalty.
16.25knowingly violates any of its provisions or intentionally provides false information to a
16.26corrections agent, law enforcement authority, or the bureau is guilty of a felony and may
16.27be sentenced to imprisonment for not more than five years or to payment of a fine of
16.28not more than $10,000, or both.
16.29
16.30
16.31
16.32
16.33
17.1
17.2
17.3
17.4
17.5
17.6
17.7
17.8
17.9
17.10
17.11
17.12
17.13
17.14
17.15EFFECTIVE DATE.This section is effective the day following final enactment.
17.16 Sec. 12. Minnesota Statutes 2008, section 244.01, subdivision 8, is amended to read:
17.17 Subd. 8. Term of imprisonment. "Term of imprisonment," as applied to inmates
17.18whose crimes were committed before August 1, 1993, is the period of time for which an
17.19inmate is committed to the custody of the commissioner of corrections minus earned good
17.20time. "Term of imprisonment," as applied to inmates whose crimes were committed on or
17.21after August 1, 1993, is the period of time equal to
17.22executed sentence.
17.23EFFECTIVE DATE.This section is effective July 1, 2009, and applies to persons
17.24sentenced on or after that date.
17.25 Sec. 13. Minnesota Statutes 2008, section 244.101, subdivision 1, is amended to read:
17.26 Subdivision 1. Executed sentences. When a felony offender is sentenced to a fixed
17.27executed sentence for an offense committed on or after August 1, 1993, the executed
17.28sentence consists of two parts: (1) a specified minimum term of imprisonment that is
17.29equal to
17.30supervised release term that is equal to
17.31amount of time the inmate actually serves in prison and on supervised release is subject to
17.32the provisions of section
17.33EFFECTIVE DATE.This section is effective July 1, 2009, and applies to persons
17.34sentenced on or after that date.
18.1 Sec. 14. Minnesota Statutes 2008, section 244.14, subdivision 3, is amended to read:
18.2 Subd. 3. Sanctions. The commissioner shall impose severe and meaningful
18.3sanctions for violating the conditions of an intensive community supervision program.
18.4The commissioner shall provide for revocation of intensive community supervision of an
18.5offender who:
18.6(1) commits a material violation of or repeatedly fails to follow the rules of the
18.7program;
18.8(2) commits any misdemeanor, gross misdemeanor, or felony offense; or
18.9(3) presents a risk to the public, based on the offender's behavior, attitude, or abuse
18.10of alcohol or controlled substances. The revocation of intensive community supervision is
18.11governed by the procedures in the commissioner's rules adopted under section
18.12subdivision 2
18.13An offender whose intensive community supervision is revoked shall be imprisoned
18.14for a time period equal to the offender's term of imprisonment, but in no case for longer
18.15than the time remaining in the offender's sentence. "Term of imprisonment" means a
18.16time period equal to
18.17sentencing court, minus jail credit, if any.
18.18EFFECTIVE DATE.This section is effective July 1, 2009, and applies to persons
18.19sentenced on or after that date.
18.20 Sec. 15. Minnesota Statutes 2008, section 244.171, subdivision 4, is amended to read:
18.21 Subd. 4. Sanctions. The commissioner shall impose severe and meaningful
18.22sanctions for violating the conditions of the challenge incarceration program. The
18.23commissioner shall remove an offender from the challenge incarceration program if the
18.24offender:
18.25(1) commits a material violation of or repeatedly fails to follow the rules of the
18.26program;
18.27(2) commits any misdemeanor, gross misdemeanor, or felony offense; or
18.28(3) presents a risk to the public, based on the offender's behavior, attitude, or abuse
18.29of alcohol or controlled substances. The removal of an offender from the challenge
18.30incarceration program is governed by the procedures in the commissioner's rules adopted
18.31under section
18.32An offender who is removed from the challenge incarceration program shall be
18.33imprisoned for a time period equal to the offender's term of imprisonment, minus earned
18.34good time if any, but in no case for longer than the time remaining in the offender's
19.1sentence. "Term of imprisonment" means a time period equal to
19.2the sentence originally executed by the sentencing court, minus jail credit, if any.
19.3EFFECTIVE DATE.This section is effective July 1, 2009, and applies to persons
19.4sentenced on or after that date.
19.5 Sec. 16. [244.30] CAP ON INCARCERATION FOR FIRST-TIME SUPERVISED
19.6RELEASE VIOLATIONS; EXCEPTION FOR SEX OFFENDERS.
19.7(a) If the commissioner revokes the supervised release of a person whose release
19.8on the current offense has not previously been revoked, the commissioner may order the
19.9person to be incarcerated for no more than 90 days or until the expiration of the person's
19.10sentence, whichever is less.
19.11(b) This section does not apply to offenders on supervised release for a violation of
19.12section 609.342, 609.343, 609.344, 609.345, 609.3451, or 609.3453.
19.13EFFECTIVE DATE.This section is effective the day following final enactment.
19.14 Sec. 17. Minnesota Statutes 2008, section 609.105, subdivision 1a, is amended to read:
19.15 Subd. 1a. Definitions. (a) The terms in this subdivision apply to this section.
19.16(b) "Remaining term of imprisonment" as applied to inmates whose crimes were
19.17committed before August 1, 1993, is the period of time for which an inmate is committed
19.18to the custody of the commissioner of corrections minus earned good time and jail credit,
19.19if any.
19.20(c) "Remaining term of imprisonment" as applied to inmates whose crimes were
19.21committed on or after August 1, 1993, is the period of time equal to
19.22of the inmate's executed sentence, minus jail credit, if any.
19.23EFFECTIVE DATE.This section is effective July 1, 2009, and applies to persons
19.24sentenced on or after that date.
19.25 Sec. 18. Minnesota Statutes 2008, section 643.29, subdivision 1, is amended to read:
19.26 Subdivision 1. "Good conduct" allowance. Any person sentenced for a term
19.27to any county jail, workhouse, or correctional work farm, whether the term is part of
19.28an executed sentence or is imposed as a condition of probation, shall, when sentenced
19.29to serve ten days or more, diminish the term of the sentence
19.30
19.31not violated any rule or discipline of the place wherein the person is incarcerated and, if
19.32required to labor, has labored with diligence and fidelity.
20.1EFFECTIVE DATE.This section is effective July 1, 2009, and applies to persons
20.2sentenced on or after that date.
20.3 Sec. 19. RERANKING OF FELONY DWI.
20.4The Minnesota Sentencing Guidelines Commission shall consider reranking
20.5violations of Minnesota Statutes, section 169A.24 (felony DWI) at severity level V or VI.
20.6EFFECTIVE DATE.This section is effective the day following final enactment.
20.7 Sec. 20. REPEALER.
20.8Minnesota Statutes 2008, section 152.026, is repealed.
20.9EFFECTIVE DATE.This section is effective the day following final enactment.
20.11CHANGES TO CHALLENGE INCARCERATION AND CONDITIONAL
20.12RELEASE FOR NONVIOLENT OFFENDER PROGRAMS; MINNCOR;
20.12RELEASE FOR NONVIOLENT OFFENDER PROGRAMS; MINNCOR;
20.14 Section 1. Minnesota Statutes 2008, section 3.195, subdivision 1, is amended to read:
20.15 Subdivision 1. Distribution of reports. (a) Except as provided in subdivision
20.164, a report to the legislature required of a department or agency shall be made, unless
20.17otherwise specifically required by law, by filing one copy with the secretary of the senate,
20.18one copy with the chief clerk of the house of representatives, and six copies with the
20.19Legislative Reference Library. The same distribution procedure shall be followed for
20.20other reports and publications unless otherwise requested by a legislator or the Legislative
20.21Reference Library.
20.22(b) A public entity as defined in section
20.23or publication to a member or employee of the legislature, except the secretary of the
20.24senate, the chief clerk of the house of representatives, and the Legislative Reference
20.25Library, unless the entity has determined that the member or employee wants the reports
20.26or publications published by that entity or the member or employee has requested the
20.27report or publication. This prohibition applies to both mandatory and voluntary reports
20.28and publications. A report or publication may be summarized in an executive summary
20.29and distributed as the entity chooses. Distribution of a report to legislative committee
20.30or commission members during a committee or commission hearing is not prohibited
20.31by this section.
20.32(c) A report or publication produced by a public entity may not be sent to both the
20.33home address and the office address of a representative or senator unless mailing to both
20.34addresses is requested by the representative or senator.
21.1(d) Reports, publications, periodicals, and summaries under this subdivision must
21.2be printed in a manner consistent with section
21.3 Sec. 2. Minnesota Statutes 2008, section 3.195, is amended by adding a subdivision to
21.4read:
21.5 Subd. 4. Reports of criminal justice agencies; electronic versions only. (a) As
21.6used in this subdivision, "criminal justice agency" means the Departments of Corrections,
21.7Public Safety, and Human Rights; the Boards of Public Defense, Peace Officer Standards
21.8and Training, Private Detective and Protective Agent Services, and Judicial Standards; the
21.9Sentencing Guidelines and Uniform Laws Commissions; and the courts.
21.10(b) A criminal justice agency that submits a report to the legislature under this
21.11section shall do so by submitting an electronic version rather than a printed one.
21.12Notwithstanding subdivision 1, paragraph (a), and section 15.18, the agency need submit
21.13only one electronic copy to the Legislative Reference Library, the State Library, and the
21.14Minnesota Historical Society. In addition, the agency shall submit one printed copy to
21.15the Legislative Reference Library.
21.16 Sec. 3. Minnesota Statutes 2008, section 241.27, subdivision 1a, is amended to read:
21.17 Subd. 1a. Marketing plan. (a) The commissioner of corrections, in consultation
21.18with the commissioner of employment and economic development, shall develop,
21.19implement, and maintain a formal marketing plan to attract private sector businesses and
21.20industries and state and local government agencies to employ inmate services through
21.21MINNCOR industries.
21.22(b) By September 15, 2009, the commissioner shall report to the chairs and ranking
21.23minority members of the senate and house committees and divisions having jurisdiction
21.24over criminal justice policy and funding on the plan.
21.25(c) The plan shall be reviewed and updated annually by the commissioner of
21.26corrections.
21.27 Sec. 4. Minnesota Statutes 2008, section 241.27, is amended by adding a subdivision
21.28to read:
21.29 Subd. 6. Reports and financial statements. MINNCOR shall include its full costs
21.30for inmate wages and the money it receives from the department for inmate confinement
21.31costs in its annual financial statements and reports. In addition, MINNCOR shall disclose
21.32in its annual report how the money it receives from the department for inmate confinement
21.33costs affects its profitability.
22.1 Sec. 5. Minnesota Statutes 2008, section 241.27, is amended by adding a subdivision
22.2to read:
22.3 Subd. 7. Interactions with private businesses. (a) MINNCOR shall use revenue
22.4contracts, not purchase orders, whenever it allows private businesses to use inmate labor.
22.5(b) MINNCOR shall develop a uniform method to report sales and expenditure data
22.6related to individual labor arrangements with private businesses. MINNCOR shall review
22.7the data annually to assess how the arrangements, both individually and collectively, affect
22.8MINNCOR's achieving its goals of high inmate participation in industry and profitability.
22.9 Sec. 6. Minnesota Statutes 2008, section 241.27, is amended by adding a subdivision
22.10to read:
22.11 Subd. 8. Contracts; work on projects before and after. MINNCOR may not
22.12begin work on projects until a contract has been signed and may not continue work on a
22.13project after a contract has expired.
22.14 Sec. 7. Minnesota Statutes 2008, section 244.055, subdivision 2, is amended to read:
22.15 Subd. 2. Conditional release of certain nonviolent controlled substance
22.16offenders and nonviolent nondrug offenders. An offender who has been committed to
22.17the commissioner's custody may petition the commissioner for conditional release from
22.18prison before the offender's scheduled supervised release date or target release date if:
22.19(1) the offender is serving a sentence for violating section
22.20or 2a;
22.21nonviolent nondrug offense;
22.22(2) the offender committed the crime as a result of a controlled substance addiction
22.23
22.24(3) the offender has served at least 36 months or one-half of the offender's term of
22.25imprisonment, whichever is less;
22.26(4) the offender successfully completed a chemical dependency treatment program
22.27of the type described in this section while in prison;
22.28(5) the offender has not previously been conditionally released under this section; and
22.29(6) the offender has not within the past ten years been convicted or adjudicated
22.30delinquent for a violent crime as defined in section
22.31conviction for the controlled substance offense or nonviolent nondrug offense.
22.32 Sec. 8. Minnesota Statutes 2008, section 244.055, subdivision 3, is amended to read:
22.33 Subd. 3. Offer of chemical dependency treatment. The commissioner shall offer
22.34all offenders meeting the criteria described in subdivision 2, clauses (1), (2), (5), and (6),
23.1the opportunity to begin a suitable chemical dependency treatment program of the type
23.2described in this section within 160 days after the offender's term of imprisonment begins
23.3or as soon after 160 days as possible. In making the determination under subdivision 2,
23.4clause (2), that the offender has a controlled substance addiction, the commissioner shall
23.5consider the chemical dependency assessment completed at intake, and that the offender is
23.6more suitable for early release, the commissioner shall consider validated risk assessment
23.7tools such as the Level of Service Inventory-Revised (LSI-R).
23.8 Sec. 9. Minnesota Statutes 2008, section 244.055, subdivision 5, is amended to read:
23.9 Subd. 5. Additional requirements. To be eligible for release under this section,
23.10an offender shall sign a written contract with the commissioner agreeing to comply with
23.11the requirements of this section and the conditions imposed by the commissioner.
23.12
23.13
23.14and alcohol tests and electronic or home monitoring as determined by the commissioner or
23.15the offender's supervising agent. The commissioner may impose additional requirements
23.16on the offender that are necessary to carry out the goals of this section.
23.17 Sec. 10. Minnesota Statutes 2008, section 244.055, subdivision 7, is amended to read:
23.18 Subd. 7. Release procedures. After consulting with the panel of judges created
23.19under subdivision 7a, the commissioner may deny conditional release to an offender under
23.20this section if the commissioner determines that the offender's release may reasonably pose
23.21a danger to the public or an individual. In making this determination, the commissioner
23.22shall follow the procedures contained in section
23.23adopted by the commissioner under that subdivision. The commissioner shall consider
23.24whether the offender was involved in criminal gang activity during the offender's prison
23.25term. The commissioner shall also consider the offender's custody classification and
23.26level of risk of violence and the availability of appropriate community supervision for
23.27the offender. Conditional release granted under this section continues until the offender's
23.28sentence expires, unless release is rescinded under subdivision 8. The commissioner
23.29may not grant conditional release unless a release plan is in place for the offender that
23.30addresses, at a minimum, plans for aftercare, community-based chemical dependency
23.31treatment, gaining employment, and securing housing.
23.32 Sec. 11. Minnesota Statutes 2008, section 244.055, is amended by adding a subdivision
23.33to read:
24.1 Subd. 7a. Panel of judges. The Chief Justice of the Supreme Court shall appoint
24.2three retired judges to advise the commissioner of corrections on eligibility decisions
24.3made under this section.
24.4 Sec. 12. Minnesota Statutes 2008, section 244.055, is amended by adding a subdivision
24.5to read:
24.6 Subd. 10a. Savings used for drug treatment. The commissioner shall use any
24.7savings realized from the early release of offenders under this section for chemical
24.8dependency treatment programs in state correctional facilities.
24.9 Sec. 13. [244.085] FELONY DWI REPORT.
24.10 By January 15 of each year, the commissioner shall report to the chairs and
24.11ranking minority members of the house of representatives and senate committees
24.12having jurisdiction over criminal justice policy and funding on the implementation and
24.13effects of the felony level driving while impaired offense. The report must include the
24.14following information on felony level driving while impaired offenses involving offenders
24.15committed to the commissioner's custody:
24.16 (1) the number of persons committed;
24.17 (2) the county of conviction;
24.18 (3) the offenders' ages and gender;
24.19 (4) the offenders' prior impaired driving histories and prior criminal histories;
24.20 (5) the number of offenders:
24.21 (i) given an executed prison sentence upon conviction and the length of the sentence;
24.22 (ii) given an executed prison sentence upon revocation of probation, the reasons
24.23for revocation, and the length of sentence;
24.24 (iii) who successfully complete treatment in prison;
24.25 (iv) placed on intensive supervision following release from incarceration;
24.26(v) placed in the challenge incarceration program, the number of offenders released
24.27from prison under this program, and the number of these offenders who violate their
24.28release conditions and the consequences imposed; and
24.29 (vi) who violate supervised release and the consequences imposed;
24.30 (6) per diem costs, including treatment costs, for offenders incarcerated under the
24.31felony sentence provisions; and
24.32 (7) any other information the commissioner deems relevant to estimating future
24.33costs.
24.34 Sec. 14. Minnesota Statutes 2008, section 244.17, is amended to read:
25.1244.17 CHALLENGE INCARCERATION PROGRAM.
25.2 Subdivision 1. Generally. The commissioner
25.3meet the eligibility requirements of subdivisions 2 and 3 to participate in a challenge
25.4incarceration program described in sections
25.5offender's sentence if the offender agrees to participate in the program and signs a written
25.6contract with the commissioner agreeing to comply with the program's requirements.
25.7 Subd. 2. Eligibility. (a) Unless a person is ineligible under subdivision 3, the
25.8commissioner must
25.9following persons:
25.10(1) offenders who are committed to the commissioner's custody following revocation
25.11of a stayed sentence; and
25.12(2) offenders who are committed to the commissioner's custody, who have 48
25.13months or less in or remaining in their term of imprisonment, and who did not receive a
25.14dispositional departure under the Sentencing Guidelines.
25.15(b) If there is insufficient space for an eligible person, the commissioner shall place
25.16the person's name on a waiting list and offer the person the chance to participate when
25.17space becomes available.
25.18 Subd. 3. Offenders not eligible. (a) The following offenders are not eligible to be
25.19placed in the challenge incarceration program:
25.20(1) offenders who are committed to the commissioner's custody following a
25.21conviction for murder, manslaughter, criminal sexual conduct, assault, kidnapping,
25.22robbery, arson, or any other offense involving death or intentional personal injury;
25.23(2) offenders who were convicted within the preceding ten years of an offense
25.24described in clause (1) and were committed to the custody of the commissioner
25.25(3) offenders who have been convicted or adjudicated delinquent within the past five
25.26years for a violation of section 609.485;
25.27(4) offenders who are committed to the commissioner's custody for an offense that
25.28requires registration under section 243.166;
25.29(5) offenders who are the subject of a current arrest warrant or detainer;
25.30(6) offenders who have fewer than 180 days remaining until their supervised release
25.31date;
25.32(7) offenders who have had disciplinary confinement time added to their sentence or
25.33who have been placed in segregation, unless 90 days have elapsed from the imposition of
25.34the additional disciplinary confinement time or the last day of segregation;
25.35(8) offenders who have received a suspended formal disciplinary sanction, unless the
25.36suspension has expired;
26.1(9) offenders whose governing sentence is for an offense from another state or the
26.2United States; and
26.3(10) offenders who have a medical condition included on the list of ineligible
26.4conditions described in paragraph (b).
26.5(b) The commissioner of corrections shall develop a list of medical conditions that
26.6will disqualify an offender from participating in the challenge incarceration program.
26.7The commissioner shall submit the list and any changes to it to the chairs and ranking
26.8minority members of the senate and house committees having jurisdiction over criminal
26.9justice policy and funding.
26.10 Sec. 15. Minnesota Statutes 2008, section 244.172, subdivision 1, is amended to read:
26.11 Subdivision 1. Phase I. Phase I of the program lasts at least six months. The
26.12offender must be confined
26.13at the Minnesota Correctional Facility - Willow River/Moose Lake or the Minnesota
26.14Correctional Facility - Togo and must successfully participate in all intensive treatment,
26.15education and work programs required by the commissioner. The offender must also
26.16submit on demand to random drug and alcohol testing at time intervals set by the
26.17commissioner. Throughout phase I, the commissioner must severely restrict the offender's
26.18telephone and visitor privileges.
26.19 Sec. 16. Minnesota Statutes 2008, section 299N.02, subdivision 3, is amended to read:
26.20 Subd. 3. Powers and duties. (a) The board shall:
26.21 (1) review fire service training needs and make recommendations on training to
26.22Minnesota fire service organizations;
26.23 (2) establish standards for educational programs for the fire service and develop
26.24procedures for continuing oversight of the programs;
26.25 (3) establish qualifications for fire service training instructors in programs
26.26established under clause (2); and
26.27(4) license full-time firefighters and volunteer firefighters under this chapter.
26.28 (b) The board may:
26.29 (1) hire or contract for technical or professional services according to section
26.30 (2) pay expenses necessary to carry out its duties;
26.31 (3) apply for, receive, and accept grants, gifts, devises, and endowments that any
26.32entity may make to the board for the purposes of this chapter and may use any money
26.33given to it consistent with the terms and conditions under which the money was received
26.34and for the purposes stated;
27.1 (4) make recommendations to the legislature to improve the quality of firefighter
27.2training;
27.3 (5) collect and provide data, subject to section
27.4 (6) conduct studies and surveys and make reports; and
27.5 (7) conduct other activities necessary to carry out its duties.
27.6 Sec. 17. [299N.03] DEFINITIONS.
27.7 Subdivision 1. Scope. The terms used in sections 299N.04 and 299N.05 have the
27.8meanings given them in this section.
27.9 Subd. 2. Board. "Board" means the Board of Firefighter Training and Education
27.10established under section 299N.02.
27.11 Subd. 3. Chief firefighting officer. "Chief firefighting officer" means the highest
27.12ranking employee or appointed official of a fire department.
27.13 Subd. 4. Fire department. "Fire department" has the meaning given it in section
27.14299F.092, subdivision 6. For purposes of sections 299N.04 and 299N.05, fire department
27.15also includes a division of a state agency, regularly charged with the responsibility of
27.16providing fire protection to the state or a local government, to include a private, nonprofit
27.17fire department directly serving a local government, but does not include an industrial
27.18fire brigade.
27.19 Subd. 5. Licensed firefighter. "Licensed firefighter" means a full-time firefighter,
27.20to include a fire department employee, member, supervisor, or appointed official, who is
27.21licensed by the board and who is charged with the prevention or suppression of fires within
27.22the boundaries of the state. Licensed firefighter may also include a volunteer firefighter.
27.23 Subd. 6. Full-time firefighter. A "full-time firefighter" is a person who is employed
27.24and charged with the prevention or suppression of fires within the boundaries of the state
27.25on a full-time, salaried basis. Full-time firefighter does not include a volunteer, part-time
27.26or paid, on-call firefighter.
27.27 Subd. 7. Volunteer firefighter. A "volunteer firefighter" is a person who is
27.28charged with the prevention or suppression of fires within the boundaries of the state on
27.29a volunteer, part-time, or paid, on-call basis. Volunteer firefighter does not include a
27.30full-time firefighter.
27.31 Sec. 18. [299N.04] FIREFIGHTER CERTIFICATION.
27.32 Subdivision 1. Certification examination; requirements. (a) The board must
27.33appoint an organization that is accredited by the International Fire Service Accreditation
27.34Congress to prepare and administer firefighter certification examinations. Firefighter
28.1certification examinations shall be designed to ensure competency in at least the following
28.2areas:
28.3(1) fire prevention;
28.4(2) fire suppression; and
28.5(3) hazardous materials operations.
28.6(b) To receive a certificate, an individual must demonstrate competency in fire
28.7prevention and fire suppression.
28.8(c) Nothing in this section shall be construed to prohibit any requirement imposed
28.9by a local fire department for more comprehensive training.
28.10 Subd. 2. Eligibility for certification examination. Except as provided in
28.11subdivision 3, any person may take the firefighter certification examination who has
28.12successfully completed the following:
28.13(1)(i) a firefighter course from a postsecondary educational institution, an accredited
28.14institution of higher learning, or such other entity that teaches a course that has been
28.15approved by the board; or (ii) an apprenticeship or cadet program maintained by a fire
28.16department employing the person that has been approved by the board; and
28.17(2) a skills-oriented basic training course.
28.18 Subd. 3. Certain baccalaureate or associate degree holders eligible to take
28.19certification examination. A person with a baccalaureate degree, or with an associate
28.20degree in applied fire science technology, from an accredited college or university who
28.21has successfully completed the skills-oriented basic training course under subdivision 2,
28.22clause (2), is eligible to take the firefighter certification examination notwithstanding the
28.23requirements of subdivision 2, clause (1).
28.24 Sec. 19. [299N.05] LICENSE REQUIRED.
28.25 Subdivision 1. Licensure requirement. A full-time firefighter employed on or after
28.26July 1, 2011, by a fire department is not eligible for permanent employment without
28.27being licensed as a firefighter by the board.
28.28 Subd. 2. Optional licensing. A volunteer firefighter may receive or apply for
28.29licensure under this section and section 299N.04 under the same terms as full-time
28.30firefighters.
28.31 Subd. 3. Prior appointment. A full-time firefighter or a volunteer firefighter who
28.32has received a permanent appointment with a fire department prior to July 1, 2011, shall
28.33be licensed by the board at the request of the firefighter upon providing the board with a
28.34statement signed by the chief firefighting officer of the fire department that employs the
28.35full-time or volunteer firefighter.
29.1 Subd. 4. Newly employed firefighters. Any full-time firefighter employed by a fire
29.2department on or after July 1, 2011, must obtain a license from the board. To obtain a
29.3license, an individual not covered by subdivision 3 must provide the board with a statement
29.4signed by the chief firefighting officer of the fire department that employs the full-time
29.5firefighter that the individual has met the certification requirements of section 299N.04.
29.6 Subd. 5. Issuance of license. The board shall license any individual who meets
29.7the requirements of subdivision 3 or 4. A license is valid for three years from the date of
29.8issuance, and the fee for the license is $75.
29.9 Subd. 6. License renewal. A license shall be renewed so long as the firefighter and
29.10the chief firefighting officer provide evidence to the board that the licensed firefighter has
29.11had at least 72 hours of firefighting training in the previous three-year period. The fee for
29.12renewing a firefighter license is $75, and the license is valid for an additional three years.
29.13 Subd. 7. Duties of chief firefighting officer. It shall be the duty of every chief
29.14firefighting officer to ensure that all full-time firefighters have a license from the board
29.15beginning July 1, 2011. Each full-time firefighter, volunteer firefighter, and chief
29.16firefighting officer may apply for licensure after January 1, 2011.
29.17 Subd. 8. Revocation; suspension; denial. The board may revoke, suspend, or
29.18deny a license issued or applied for under this section to a firefighter or applicant if the
29.19firefighter or applicant has been convicted of a felony recognized by the board as a crime
29.20that would disqualify the licensee from participating in the profession of firefighting.
29.21 Subd. 9. Petty misdemeanor; discharge. A person who is employed as a full-time
29.22firefighter and who is not currently licensed under this section is guilty of a petty
29.23misdemeanor and must be immediately discharged from employment.
29.24 Subd. 10. Fees. The board shall forward all fees collected under this section to the
29.25commissioner of finance who shall credit them to the general fund.
29.26 Subd. 11. Use of money from fire safety account. The board may use money
29.27from the fire safety account described in section 299F.012 to pay for costs incurred under
29.28sections 299N.04 and 299N.05.
29.29 Sec. 20. Minnesota Statutes 2008, section 357.021, subdivision 6, is amended to read:
29.30 Subd. 6. Surcharges on criminal and traffic offenders. (a) Except as provided
29.31in this paragraph, the court shall impose and the court administrator shall collect a $75
29.32surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or
29.33petty misdemeanor offense, other than a violation of a law or ordinance relating to vehicle
29.34parking, for which there shall be a $4 surcharge. In the Second Judicial District, the
30.1court shall impose, and the court administrator shall collect, an additional $1 surcharge
30.2on every person convicted of any felony, gross misdemeanor, misdemeanor, or petty
30.3misdemeanor offense, including a violation of a law or ordinance relating to vehicle
30.4parking, if the Ramsey County Board of Commissioners authorizes the $1 surcharge. The
30.5surcharge shall be imposed whether or not the person is sentenced to imprisonment or the
30.6sentence is stayed. The surcharge shall not be imposed when a person is convicted of a
30.7petty misdemeanor for which no fine is imposed.
30.8 (b) If the court fails to impose a surcharge as required by this subdivision, the court
30.9administrator shall show the imposition of the surcharge, collect the surcharge, and
30.10correct the record.
30.11 (c) The court may not waive payment of the surcharge required under this
30.12subdivision. Upon a showing of indigency or undue hardship upon the convicted person
30.13or the convicted person's immediate family, the sentencing court may authorize payment
30.14of the surcharge in installments.
30.15 (d) The court administrator or other entity collecting a surcharge shall forward it
30.16to the commissioner of finance.
30.17 (e) If the convicted person is sentenced to imprisonment and has not paid the
30.18surcharge before the term of imprisonment begins, the chief executive officer of the
30.19correctional facility in which the convicted person is incarcerated shall collect the
30.20surcharge from any earnings the inmate accrues from work performed in the facility
30.21or while on conditional release. The chief executive officer shall forward the amount
30.22collected to the
30.23surcharge imposed by the court.
30.24EFFECTIVE DATE.This section is effective July 1, 2009, and applies to
30.25surcharges collected by the chief executive officer of a correctional facility on or after
30.26that date.
30.27 Sec. 21. REVIEW OF REPORTS.
30.28The Sentencing Guidelines Commission and the Departments of Corrections
30.29and Public Safety shall each review its reports for consolidation and may consider
30.30consolidating any reports with other reports to achieve administrative convenience or
30.31fiscal savings or to reduce the burden of reporting requirements.
30.32 Sec. 22. REPEALER.
30.33Minnesota Statutes 2008, sections 244.055, subdivisions 6 and 11; 260B.199,
30.34subdivision 2; 260B.201, subdivision 3; and 325E.22, are repealed."
30.35Delete the title and insert:
31.2relating to public safety; appropriating money for public safety, corrections,
31.3and other criminal justice agencies; requiring annual appropriation of money in
31.4Bureau of Criminal Apprehension account to commissioner of public safety;
31.5repealing the mandatory minimum sentences for predatory offender registration
31.6offenses and subsequent controlled substances offenses; providing a 90-day cap
31.7on incarceration for certain first-time supervised release violations; eliminating
31.8the requirement that judges impose a minimum sentence on felony DWI
31.9offenders; requesting the Sentencing Guidelines Commission to rerank the
31.10felony DWI offense; requiring that prisoners serve a minimum of 60 percent of
31.11their prison sentence; providing for supervised release of offenders; expanding
31.12the challenge incarceration program; requiring the Sentencing Guidelines
31.13Commission and the Departments of Corrections and Public Safety to review
31.14its reports; requiring Department of Corrections to annually report on felony
31.15DWI offenders; requiring that reports to the legislature by criminal justice
31.16agencies be submitted electronically; modifying and expanding the conditional
31.17release program for nonviolent drug offenders; including an advisory board
31.18for consultation with the commissioner of corrections for the conditional
31.19release program; repealing the conditional release program's sunset; authorizing
31.20correctional facilities to forward surcharges from offender wages to court or
31.21other entity collecting the surcharge; repealing reports on out-of-state juvenile
31.22placement; implementing the legislative auditor's recommendations relating
31.23to MINNCOR; requiring the licensure of firefighters; imposing criminal
31.24penalties; appropriating money; amending Minnesota Statutes 2008, sections
31.253.195, subdivision 1, by adding a subdivision; 152.021, subdivision 3; 152.022,
31.26subdivision 3; 152.023, subdivision 3; 152.024, subdivision 3; 152.025,
31.27subdivision 3; 169A.275, subdivisions 3, 4, 5; 169A.276, subdivisions 1, 2;
31.28171.29, subdivision 2; 241.27, subdivision 1a, by adding subdivisions; 243.166,
31.29subdivision 5; 244.01, subdivision 8; 244.055, subdivisions 2, 3, 5, 7, by adding
31.30subdivisions; 244.101, subdivision 1; 244.14, subdivision 3; 244.17; 244.171,
31.31subdivision 4; 244.172, subdivision 1; 299N.02, subdivision 3; 357.021,
31.32subdivision 6; 609.105, subdivision 1a; 643.29, subdivision 1; proposing coding
31.33for new law in Minnesota Statutes, chapters 244; 299N; repealing Minnesota
31.34Statutes 2008, sections 152.026; 244.055, subdivisions 6, 11; 260B.199,
31.35subdivision 2; 260B.201, subdivision 3; 325E.22."