Article 1

Appropriations

Overview

            Article 1 contains appropriations for the following state government entities: Department of Public Safety, Peace Officer Standards and Training Board, Private Detective Board, Department of Human Rights, Department of Corrections, Supreme Court, Court of Appeals, Trial Courts, Guardian Ad Litem Board, Tax Court, Uniform Laws Commission, Board on Judicial Standards, Board of Public Defense, and Sentencing Guidelines Commission.

Section 1 summarizes direct appropriations by fund.

Section 2 describes, in general terms, the appropriations contained in this article.

Section 3 appropriates money to the Supreme Court.

            Subdivision 1. Total Appropriations.  Appropriates $41,474,000 for FY12 and

  $41,775,000 for FY13.

            Subdivision 2.  Supreme Court Operations.  Appropriates $30,458,000 for FY12 and 

  $30,759,000 for FY13.

·         Authorizes $5,000 each year for a contingent account for expenses necessary for the normal operation of the court.  

·         Requests the court to study and report to the Legislature on the advantages and disadvantages of having judicial branch employees leave the state employee group insurance program to form their own benefit plan.

·         Provides that the Supreme Court shall not certify any judicial or referee vacancies until it has examined alternative options.

            Subdivision 3.  Civil Legal Services.  Appropriates $11,016,000 each year.

·         Provides that $877,000 each year is to improve access of low-income clients to legal representation in family law matters.

·         Requires that priority be given to clients with matters within the jurisdiction of the state courts or agencies for legal services funded by state funds.

Section 4 appropriates $10,106,000 for FY12 and $10,228,000 for FY13 to the Court of Appeals.

Section 5 appropriates $233,511,000 for FY12 and $236,828,000 for FY13 to the Trial Courts.

Section 6 appropriates $12,067,000 each year to the Guardian Ad Litem Board.  Directs the board to give priority in assigning GALs to clients who are statutorily entitled to representation.

Section 7 appropriates $825,000 each year to the Tax Court.  Provides that at least one judge shall conduct regular business on all days that executive branch agencies are open for business.

Section 8 appropriates $49,000 each year to the Uniform Laws Commission.

Section 9 appropriates $746,000 for FY12 ($290,000 of which is a deficiency appropriation for FY11) and $456,000 for FY13 to the Board on Judicial Standards.

·         Specifies that $290,000 of the FY12 appropriation is for deficiencies occurring in FY11.

·         Provides that $125,000 each year is for special investigative and hearing costs. The amount does not cancel.

Section 10 appropriates $65,976,000 each year to the Board of Public Defense.  Requires that the board use additional state funding beyond the FY12-13 baseline for certain constitutionally mandated services, transcript costs, expert witness costs, investigations, and caseload reduction through the hiring of additional attorneys.

Section 11 appropriates money to the Department of Public Safety.

Subdivision 1.  Total Appropriation.  Appropriates $159,987,000 for FY12 and $157,373,000 for FY13.

Subdivision 2.  Emergency Management.  Appropriates $2,525,000 each year to the Emergency Management Division.  Appropriates $604,000 each year from the Fire Safety Account to fund Hazmat and Chemical Assessment Teams.  

Subdivision 3.  Criminal Apprehension.  Appropriates $42,237,000 each year to the BCA.  Transfers funds for DWI lab analysis from the trunk highway fund to the general fund.  

Subdivision 4.  Fire Marshal.  Appropriates $5,757,000,000 each year to fund the state fire marshal and firefighter training grants. Transfers $4,227,000 in FY12 and $4,228,000 in FY13 from the fire safety account to the general fund.

Subdivision 5.  Alcohol and Gambling Enforcement.   Appropriates $2,236,000 each year to the alcohol and gambling enforcement division. $500,000 from the alcohol enforcement account is transferred each year to the general fund.

Subdivision 6.  Office of Justice Programs.  Appropriates $33,057,000 each year to Office of Justice Programs.  Permits Office of Justice Programs to use up to 2.5 percent of the funds to administer the grant program.

Subdivision 7.  Emergency Communication Networks.  Appropriates $69,948,000 for FY12 and $67,333,000 for FY13 from the 911 emergency telecommunications service fee account for emergency communications.  Funds public safety answering points, medical resource communication centers, ARMER debt service, MET Council debt service, ARMER state backbone operating costs, and ARMER improvements. 

Section 12 appropriates $3,770,000 each year to the Peace Officer Standards and Training Board.  $2,634,000 each year is for reimbursements to local governments for peace officer training costs. 

Section 13 appropriates $120,000 each year to the Private Detective Board.

Section 14 appropriates $3,171,000 each year to the Department of Human Rights.

Section 15 appropriates money to the Department of Corrections.

          Subdivision 1.  Total Appropriation.  Appropriates $457,023,000 for FY12 and      

          $458,032,000 for FY13 to the Department of Corrections.

Subdivision 2.  Correctional Institutions. Appropriates $327,182,000 for FY12 and $328,191,000 for FY13 for correctional institutions.  Suggests that the commissioner study the use of earned credit programs, deportation of illegal immigrant prisoners, early release, accepting inmates from other states or closing all or part of a facility, reducing inmate medical costs, and reforming the department's role in the juvenile justice system.

Subdivision 3.  Community Services.  Appropriates $108,937,000 each year for community services.  Suggests that the commissioner study probation revocation reform including policies that would reduce probation revocations and the value of adopting a unified probation and supervised release system.

          Subdivision 4.  Operations Support.  Appropriates $20,904,000 each year for the

department's operations support division.

          Subdivision 5.  Transfers. 

·         Transfers $600,000 each year from the MINNCOR revolving fund to the general fund.

·         Transfers $400,000 each year from various special revenue accounts within the department to the general fund.

Section 16 appropriates $586,000 each year to the Sentencing Guidelines Commission.

Section 17 provides that no appropriated funds in sections 3 to 10 and 16 may be used for the purchase of motor vehicles or out-of-state travel that is not directly connected with and necessary to carry out core functions.

Section 18 caps mileage reimbursement for entities funded under sections 3 to 10 and 16 at $.51 per mile.

Section 19 provides that the article is effective retroactively to July 1, 2011, and supercedes any funding authorized through court orders.

Article 2

Public Safety and Corrections Policy

Overview

            Article 2 contains policy initiatives that relate to the appropriations for public safety and corrections.

Section 1 requires the Commissioner of Corrections to impose an inmate healthcare co-payment of at least $5 for each inmate visit to a healthcare provider.

Section 2 increases the amount of funds transferred from the fire safety account to the general fund in each of the next two years consistent with the appropriation in article 1, section 11, subdivision 4.

Section 3 requires peace officers to be trained in police pursuit training every five years instead of every four years.

Section 4 authorizes county jails to reimburse healthcare providers at the medical assistance payment rate for care provided to inmates.

Section 5 authorizes the Commissioner of Administration to purchase an easement to serve the Minnesota Correctional Facility at Faribault.

Section 6 provides an immediate effective date for sections 1 to 5.

Article 3

Courts and Sentencing

Overview

            Article 3 makes the following changes relating to courts: establishes administrative dismissal process for submitting proof of insurance in failure to provide vehicle insurance cases; clarifies responsibility for payment of GAL expenses; clarifies fees and surcharges for diversion cases; and authorizes partial payments or reimbursement in IFP cases.

Section 1 establishes a process for administrative dismissal of a citation for failure to provide vehicle insurance. Allows a driver or owner to submit proof of insurance to the court administrator. If the required proof is timely received, the person shall not be convicted of violating this section. (This process is currently used in "no proof of insurance" violations.)

Section 2 provides that in no event may a court charge guardian ad litem expenses to a county. (Current law provides that the State Guardian Ad Litem Board shall pay GAL expenses.)

Section 3 provides that a surcharge imposed in cases where a defendant participates in a diversion program or receives a continuance or stay of adjudication be paid upon entering the program and not upon completion. Clarifies that only one surcharge may be imposed per case.

Section 4 amends the in forma pauperis (IFP) statute.  Under the current IFP statute, if a court finds that a person is financially unable to pay the fees and costs of a civil court action, the court may authorize commencement or defense of the action without prepayment of costs, including filing fees, process server fees, witness fees, deposition and transcript expenses, and copy costs. These expenses are then paid by the state.  This section allows a court to order a person to pay all or a portion of the fees and costs related to litigation after the action has been commenced if the person is or becomes eligible to pay.  Payments are credited to the general fund.

Section 5 provides an immediate effective date for sections 1 to 4.

Article 4

Sexually Exploited Youth

Overview

            Article 4 provides that juveniles under the age of 16 may not be prosecuted for committing a prostitution offense (as a prostitute) under the delinquency code. These juveniles and others would fall under the definition of "sexually exploited youth" as a child in need of protection or services ("CHIPS").

A 16 or 17 year old who is alleged to have committed a first-time prostitution offense must be referred to diversion or child protection. Upon a subsequent offense, a prosecutor may file a delinquency or CHIPS petition. (Changes to the juvenile delinquency code are delayed until August 1, 2014.)

            This article also makes changes to a penalty assessment currently imposed on adult patrons by increasing and amending distribution of the assessment. Finally, the article directs DPS to develop a statewide victim service model for sexually exploited youth, if funded.

Section 1 excludes juvenile prostitutes under the age of 16 from the definition of delinquent child.  (Juveniles, age 16 to 17 or who are alleged to have violated prostitution laws while acting other than as a prostitute, are not affected by this change.)  (This section is effective August 1, 2014.)

Section 2 excludes juvenile prostitutes under the age of 16 from the definition of juvenile petty offender.  (This section is effective August 1, 2014.)

Section 3 adds "sexually exploited youth" to the definition of a child in need of protection or services. (see section 5.) (This section is effective August 1, 2011.)

Section 4 provides a cross-reference in the CHIPS chapter to the definition of
"delinquent child." (This section is effective August 1, 2011.)

Section 5 defines “sexually exploited youth” as an individual who: (1) is alleged to have committed prostitution; (2) is a victim of sexual assault or a pornography crime involving minors; (3) is a victim of a federal prostitution crime; or (4) is a sex trafficking victim.  (This section is effective August 1, 2011.)

Section 6 directs a prosecutor to refer a 16 or 17 year old who is alleged to have committed a first time prostitution offense to diversion or CHIPS. Defines a first time prostitution offense. Provides that if the child fails to successfully complete diversion or fails to fully comply with the CHIPS order, the child may be referred back to the court for further proceedings under chapter 260B. If the child successfully completes diversion, fully complies with a CHIPS order, or is not found to be a child in need of protection or services, the court shall dismiss the charges.

(This section is effective August 1, 2014.)

Section 7 amends the penalty assessment currently imposed on adults convicted of violating prostitution laws while acting other than as a prostitute. Increases the minimum and maximum penalty amounts.

Provides that the court may not waive payment of the penalty assessment. If the person is indigent or payment would create an undue hardship, the court may reduce the amount to not less than $100. The court may also authorize payment in installments.

Amends the distribution of the assessment. Provides that the assessment shall be distributed as follows: (1) 40 percent to the political subdivision employing the arresting officer; (2) 20 percent to the prosecuting agency that handled the case; and (3) 40 percent to DPS for distribution to crime victim service organizations that provide services to sexually exploited youth. The funds must be used by the agencies to combat sexual exploitation of youth. (Under current law, the mandatory minimum assessment may be used for juvenile prostitution outreach programs in section 8.)  (This section is effective August 1, 2011.)

Section 8 strikes references to "juvenile prostitution" and replaces them with references to "sexually exploited youth." Makes conforming changes (see section 7).  (This section is effective August 1, 2011.)

Section 9 provides that if sufficient outside funding is donated, DPS, in consultation with HHS, shall develop a victim services model to address the needs of sexually exploited youth by June 30, 2012. Directs DPS to take into consideration results of a prior pilot project and to seek recommendations from stakeholders. Requires a report to the Legislature by January 15, 2013, on development of the model, including additional recommendations for legislation or funding.  (This section is effective August 1, 2011.)

Article 5

Prostitution Crimes

Overview

            Article 5 amends the crimes of general prostitution and prostitution in a public place by separating and creating new subdivisions to distinguish and track prosecution of crimes by prostitutes versus crimes by patrons. It also clarifies the definitions of the crime as they apply to patrons and prostitutes. The article does not change or add any penalties.