Session Year 2003, Special Session 1

Bill Name: SF0002

E Relating to the organization, operation and financing of state + government;
appropriating money for the courts, public defenders, public safety, corrections
and other criminal justice agencies and establishing, +funding, modifying and
regulating public safety, criminal justice, judiciary, +law enforcement,
corrections, crime victims, CriMNet and driving while +impaired (DWI) policies,
programs, duties, activities or practices ARTICLE 1 � APPROPRIATIONS
Appropriating money to the supreme court for services to low income +clients in
family law matters and for implementation of the Minnesota child +support act
upon enactment, to the court of appeals, to the district courts, to +the tax
court, to the uniform laws and sentencing guidelines commissions, to +the boards
on judicial standards, of public defense, of peace officers standards+ and
training (POST) and of private detectives and protective agents, to +the
department of public safety for emergency management, for criminal +apprehension
including cooperative investigation of cross jurisdictional criminal +activity,
certain laboratory activities and CriMNet, for the state fire +marshal, for
alcohol and gambling enforcement, for the crime victims services +center and for
law enforcement and community grants, to the department of human +rights, to the
department of corrections for correctional institutions, for juvenile+ and
community services and for operations support and to the department +of human
services for implementation of the Minnesota child support act upon +enactment
and for alternative placement of offenders with serious and +persistent mental
illness; providing a deficiency appropriation to the board on +judicial
standards for costs of a public hearing for a judge; requiring the +state court
administrator to review and annually report to the legislature on +certain court
fees; requiring district court administrators to promptly collect +public
defender copayments; prohibiting the commissioner of public safety +from
relocating or reassigning to another location or emergency response +team the
equipment currently housed or stored in or around Duluth, Moorhead, +St. Paul or
Rochester; providing for antiterrorism grants to nonprofit and faith +based
organizations and cancelling a certain prior appropriation for +terrorism
response related equipment; enabling the bureau of criminal +apprehension (BCA)
to establish and maintain an Internet web site containing public +criminal
history data; providing funding for the abused children program; +requiring a
commissioner report to the legislature by a certain date on a plan to+ combine
the gang strike and narcotics task forces; requiring the office of +drug policy
and violence prevention to give priority to school truancy and after +school
programs; requiring the commissioner of corrections to work with +certain law
enforcement associations to review capacities at local jail +facilities and to
determine the feasibility of increasing capacity by double bunking +inmates;
requiring the charging of a per diem under contracts for beds at the +Rush City
facility, providing for use; providing funding to increase probation +services
in Mille Lacs and Beltrami counties, requiring reimbursement; +providing funding
for costs associated with the housing and care of short term +offenders;
requiring the sentencing guidelines commission in consultation with +the
commissioner of corrections to prepare a report and make +recommendations to the
legislature by a certain date on the sentencing of drug offenders; +providing
for certain fund transfers and sunsetting uncodified language ARTICLE 2 �
COURT POLICY Increasing certain court filing fees; changing the deadline for the
+conference of chief judges to adopt an annual uniform fine schedule ARTICLE 3
� PUBLIC DEFENSE Authorizing the state public defender to decline to represent
certain+ indigent petitioners in postconviction remedy cases under certain
conditions; +modifying the standards for district public defense eligibility,
prohibiting +the appointment of district public defenders to defendants
financially +able to retain private counsel and refusing to do so and imposing
certain +copayment requirements, providing for deposit and use and authorizing
+collection under the revenue recapture act; prohibiting district public
defenders from+ serving as advisory counsel; granting public defenders free
Internet access +to the criminal justice data communications network ARTICLE 4
� PUBLIC SAFETY Requiring the bureau of criminal apprehension to establish and
+maintain an Internet web site containing public criminal history data by a
+certain date and extending the authority of the BCA to charge an access fee;
delaying +reversion of money remaining in the public safety officers benefit
account to +the general fund, requiring prior payment or denial of all
reimbursement claims; +providing for the payment of public safety officer death
benefits to the estate+ of the officer and for reimbursement to public employers
for certain +continued health insurance costs; requiring the use of a nationally
recognized system +or standard approved by the federal bureau of investigation
to report, +collect and preserve crime data; requiring the superintendent of the
BCA to +collect an additional handing fee for FBI background fingerprint checks
and +authorizing a fee for fingerprinting for employment or licensing purposes,
+appropriating proceeds to the commissioner of public safety to maintain and
improve+ the quality of the criminal record system; requiring the commissioner
to +impose a fee to provide secure dial up or Internet access for criminal and
+noncriminal justice agencies and authorizing the charging of triennial and per
+room fees for hotel fire inspections; requiring and providing for periodic
+public and charter school building fire inspections, requiring approval of fire
+code variances by the state fire marshal; requiring and providing for the
+licensing or certification of multipurpose potable water piping system
+contractors and installers by the commissioner, exceptions; requiring the state
fire +marshal to charge a fee to conduct and administer the journeyman sprinkler
+fitter certification process; requiring and providing for the issuance of
+regulatory permits and identification cards by the commissioner for liquor
+manufacturer or wholesaler purchase, sale or use of intoxicating alcoholic
beverages+ or ethyl alcohol, fee; extending the requirement for collection of
additional +biological specimens for DNA testing of certain felony offenders;
providing for +seizure under the vehicle forfeiture law; creating the crime of
interference +with emergency communications, penalties; providing for the
issuance of +indoor fireworks display permits by the state fire marshal;
establishing the+ Minnesota alternative policing strategies (MAPS) program to
enhance community +policing (COPS) efforts, requiring and providing for
commissioner grants to +law enforcement agencies in high crime rate areas;
requiring the +commissioner to appoint a task force on the assessment and
administration of hotel +and resort inspection fees to look at alternative fees
and payment options and +report to the legislature by a certain date; repealing
the existing provision +providing for school fire inspections ARTICLE 5 �
CORRECTIONS POLICY PROVISIONS Changing the department of corrections performance
report requirement+ from annual to biennial; modifying certain multiple
occupancy (double +bunking) and meal requirements for correctional facility
inmates; providing for +mental health case management of inmates, for local
custody of certain +offenders and for alternative placement of certain offenders
with serious and +persistent mental illness; requiring the court to credit prior
imprisonment time+ in sentencing inmates committed to the commissioner of
corrections; +authorizing multiple occupancy under certain insufficiency of
space conditions; +repealing the office of ombudsman for corrections ARTICLE 6
� PROBATION Providing for the initiation of and participation in sanctions
+conferences to address offender technical violations of probation; repealing
the +provision providing for the imposition of community work service for
probation +violations ARTICLE 7 � JUVENILE LAW POLICY Modifying the venue for
certain delinquency and juvenile petty or +traffic offense proceedings;
eliminating the requirement for court +appointment of guardians ad litem in
runaway or habitual truancy cases ARTICLE 8 � CRIMINAL JUSTICE Authorizing
state agencies to accept certain federal restitution or +monetary penalty funds;
creating the crime of attempted manufacture of +methamphetamine, penalties;
requiring predatory offenders required to register to +notify assigned
corrections agents or law enforcement authorities of +residence moves;
increasing the surcharge on criminal and traffic offenders and +requiring
crediting to the general fund; expanding the crime of fourth degree +assault to
assault of community crime prevention group members; enhancing the +penalties
for certain identity theft crimes resulting in greater losses; +authorizing
peace officers to use firearms silencers in certain tactical +emergency response
operations; reducing the penalties for littering and for unlawful +smoking;
modifying certain hearing request and notice requirements for the +issuance of
restraining orders; requiring law enforcement agency disclosure of +certain
information to designated leaders of community crime prevention +groups
reporting criminal activity to the agencies; requiring the sentencing guidelines
commission to modify a certain sentencing guideline +authorizing sentencing
departure to add identity theft to the aggravating factors+ ARTICLE 9 �
DRIVING WHILE IMPAIRED PROVISIONS Clarifying the definition of prior impaired
driving related loss of +license under driving while impaired provisions by
excluding license actions +for underage offenses and restricted license
conditions; expanding and +modifying the penalties for the crime of refusal to
submit to chemical testing; authorizing and providing for staggered sentencing
for certain +nonfelony DWI violations; expanding the provision requiring
detention after arrest +of certain offenders; modifying the conditions for
conditional release of +nonfelony offenders; replacing calibration standard
analysis with control +analysis under certain chemical testing requirements,
defining control analysis; +eliminating the deadline for judicial review of
license revocation; modifying the exceptions to the applicability of implied
consent revocation +relating to aggravating factors; clarifying the provision
providing for +application for regular license plates after administrative
impoundment; creating the+ crime of aiding and abetting DWI violations;
modifying certain sentence stay +limits; excluding felony violations from the
maximum bail provision; +clarifying the legislative intent relating to
aggravating factors in the +recodification of the DWI law ARTICLE 10 �
PROSTITUTION Authorizing the aggregation of certain prostitution solicitation,
+inducement or promotion cases under certain conditions; changing the
appropriation +of the proceeds of penalty assessments from the commissioner of
corrections +to the commissioner of public safety; providing for the collection
of +certain information and a study on certain prostitution cases by certain law
enforcement authorities and requiring certain reports to the +legislature by the
authorities and the commissioner of public safety, requesting a +certain report
from the supreme court; specifying certain headnote change +instructions to the
revisor of statutes (ja)