1.1                          A bill for an act
  1.2             relating to crime; establishing a felony level driving 
  1.3             while impaired offense; requiring health plans to 
  1.4             cover chemical dependency treatment for impaired 
  1.5             driving offenders in certain instances; increasing 
  1.6             surcharge for reinstating revoked driver's license; 
  1.7             amending Minnesota Statutes 2000, sections 169A.07; 
  1.8             169A.20, subdivision 3; 169A.25; 169A.26; 169A.27; 
  1.9             169A.275; 169A.283, subdivision 1; 169A.40, 
  1.10            subdivision 3; 169A.63, subdivision 1; 171.29, 
  1.11            subdivision 2; 244.18, subdivision 1; proposing coding 
  1.12            for new law in Minnesota Statutes, chapters 62Q; 169A. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  [62Q.137] [COVERAGE FOR CHEMICAL DEPENDENCY 
  1.15  TREATMENT PROVIDED BY THE DEPARTMENT OF CORRECTIONS.] 
  1.16     (a) Any health plan that provides coverage for chemical 
  1.17  dependency treatment must cover chemical dependency treatment 
  1.18  provided to an enrollee by the department of corrections while 
  1.19  the enrollee is committed to the custody of the commissioner of 
  1.20  corrections following a conviction for a first-degree driving 
  1.21  while impaired offense under section 169A.24 if:  (1) a court of 
  1.22  competent jurisdiction makes a preliminary determination based 
  1.23  on a chemical use assessment conducted under section 169A.70 
  1.24  that treatment may be appropriate and includes this 
  1.25  determination as part of the sentencing order; and (2) the 
  1.26  department of corrections makes a determination based on a 
  1.27  chemical assessment conducted while the individual is in the 
  1.28  custody of the department that treatment is appropriate.  
  1.29  Treatment provided by the department of corrections that meets 
  2.1   the requirements of this section shall not be subject to a 
  2.2   separate medical necessity determination under the health plan 
  2.3   company's utilization review procedures.  
  2.4      (b) The health plan company must be given a copy of the 
  2.5   court's preliminary determination and supporting documents and 
  2.6   the assessment conducted by the department of corrections.  
  2.7      (c) Payment rates for treatment provided by the department 
  2.8   of corrections shall not exceed the lowest rate for outpatient 
  2.9   chemical dependency treatment paid by the health plan company to 
  2.10  a participating provider of the health plan company.  
  2.11     (d) For purposes of this section, chemical dependency 
  2.12  treatment means all covered services that are intended to treat 
  2.13  chemical dependency and that are covered by the enrollee's 
  2.14  health plan or by law. 
  2.15     Sec. 2.  Minnesota Statutes 2000, section 169A.07, is 
  2.16  amended to read: 
  2.17     169A.07 [FIRST-TIME DWI VIOLATOR; OFF-ROAD RECREATIONAL 
  2.18  VEHICLE OR MOTORBOAT.] 
  2.19     A person who violates section 169A.20 (driving while 
  2.20  impaired) while using an off-road recreational vehicle or 
  2.21  motorboat and who does not have a qualified prior impaired 
  2.22  driving incident is subject only to the criminal penalty 
  2.23  provided in section 169A.25 (~~first-degree~~ second-degree driving 
  2.24  while impaired), 169A.26 (~~second-degree~~ third-degree driving 
  2.25  while impaired), or 169A.27 (~~third-degree~~ fourth-degree driving 
  2.26  while impaired); and loss of operating privileges as provided in 
  2.27  section 84.91, subdivision 1 (operation of snowmobiles or 
  2.28  all-terrain vehicles by persons under the influence of alcohol 
  2.29  or controlled substances), or 86B.331, subdivision 1 (operation 
  2.30  of motorboats while using alcohol or with a physical or mental 
  2.31  disability), whichever is applicable.  The person is not subject 
  2.32  to the provisions of section 169A.275, subdivision 5, 
  2.33  (submission to the level of care recommended in chemical use 
  2.34  assessment for repeat offenders and offenders with alcohol 
  2.35  concentration of 0.20 or more); 169A.277 (long-term monitoring); 
  2.36  169A.285 (penalty assessment); 169A.44 (conditional release); 
  3.1   169A.54 (impaired driving convictions and adjudications; 
  3.2   administrative penalties); or 169A.54, subdivision 11 (chemical 
  3.3   use assessment); the license revocation sanctions of sections 
  3.4   169A.50 to 169A.53 (implied consent law); or the plate 
  3.5   impoundment provisions of section 169A.60 (administrative 
  3.6   impoundment of plates). 
  3.7      Sec. 3.  Minnesota Statutes 2000, section 169A.20, 
  3.8   subdivision 3, is amended to read: 
  3.9      Subd. 3.  [SENTENCE.] A person who violates this section 
  3.10  may be sentenced as provided in section 169A.24 (first-degree 
  3.11  driving while impaired), 169A.25 (~~first-degree~~ second-degree 
  3.12  driving while impaired), 169A.26 (~~second-degree~~ third-degree 
  3.13  driving while impaired), or 169A.27 (~~third-degree~~ fourth-degree 
  3.14  driving while impaired). 
  3.15     Sec. 4.  [169A.24] [FIRST-DEGREE DRIVING WHILE IMPAIRED.] 
  3.16     Subdivision 1.  [DEGREE DESCRIBED.] A person who violates 
  3.17  section 169A.20 (driving while impaired) is guilty of 
  3.18  first-degree driving while impaired if the person: 
  3.19     (1) commits the violation within ten years of the first of 
  3.20  three or more qualified prior impaired driving incidents; or 
  3.21     (2) has previously been convicted of a felony under this 
  3.22  section. 
  3.23     Subd. 2.  [CRIMINAL PENALTY.] A person who commits 
  3.24  first-degree driving while impaired is guilty of a felony and 
  3.25  may be sentenced to imprisonment for not more than seven years, 
  3.26  or to payment of a fine of not more than $14,000, or both.  The 
  3.27  person is subject to the mandatory penalties described in 
  3.28  section 169A.276 (mandatory penalties; felony violations). 
  3.29     Sec. 5.  Minnesota Statutes 2000, section 169A.25, is 
  3.30  amended to read: 
  3.31     169A.25 [~~FIRST-DEGREE~~ SECOND-DEGREE DRIVING WHILE 
  3.32  IMPAIRED.] 
  3.33     Subdivision 1.  [DEGREE DESCRIBED.] A person who violates 
  3.34  section 169A.20 (driving while impaired) is guilty of 
  3.35  ~~first-degree~~ second-degree driving while impaired if two or more 
  3.36  aggravating factors were present when the violation was 
  4.1   committed. 
  4.2      Subd. 2.  [CRIMINAL PENALTY.] ~~First-degree~~ Second-degree 
  4.3   driving while impaired is a gross misdemeanor.  The mandatory 
  4.4   penalties described in section 169A.275 and the long-term 
  4.5   monitoring described in section 169A.277 may be applicable. 
  4.6      Sec. 6.  Minnesota Statutes 2000, section 169A.26, is 
  4.7   amended to read: 
  4.8      169A.26 [~~SECOND-DEGREE~~ THIRD-DEGREE DRIVING WHILE 
  4.9   IMPAIRED.] 
  4.10     Subdivision 1.  [DEGREE DESCRIBED.] A person who violates 
  4.11  section 169A.20 (driving while impaired) is guilty of 
  4.12  ~~second-degree~~ third-degree driving while impaired if one 
  4.13  aggravating factor was present when the violation was committed. 
  4.14     Subd. 2.  [CRIMINAL PENALTY.] ~~Second-degree~~ Third-degree 
  4.15  driving while impaired is a gross misdemeanor.  The mandatory 
  4.16  penalties described in section 169A.275 and the long-term 
  4.17  monitoring described in section 169A.277 may be applicable. 
  4.18     Sec. 7.  Minnesota Statutes 2000, section 169A.27, is 
  4.19  amended to read: 
  4.20     169A.27 [~~THIRD-DEGREE~~ FOURTH-DEGREE DRIVING WHILE 
  4.21  IMPAIRED.] 
  4.22     Subdivision 1.  [DEGREE DESCRIBED.] A person who violates 
  4.23  section 169A.20 (driving while impaired) is guilty of 
  4.24  ~~third-degree~~ fourth-degree driving while impaired. 
  4.25     Subd. 2.  [CRIMINAL PENALTY.] ~~Third-degree~~ Fourth-degree 
  4.26  driving while impaired is a misdemeanor. 
  4.27     Sec. 8.  Minnesota Statutes 2000, section 169A.275, is 
  4.28  amended to read: 
  4.29     169A.275 [MANDATORY PENALTIES; NONFELONY VIOLATIONS.] 
  4.30     Subdivision 1.  [SECOND OFFENSE.] (a) The court shall 
  4.31  sentence a person who is convicted of a violation of section 
  4.32  169A.20 (driving while impaired) within ten years of a qualified 
  4.33  prior impaired driving incident to either:  
  4.34     (1) a minimum of 30 days of incarceration, at least 48 
  4.35  hours of which must be served consecutively in a local 
  4.36  correctional facility; or 
  5.1      (2) eight hours of community work service for each day less 
  5.2   than 30 days that the person is ordered to serve in a local 
  5.3   correctional facility.  
  5.4   Notwithstanding section 609.135 (stay of imposition or execution 
  5.5   of sentence), the penalties in this paragraph must be executed, 
  5.6   unless the court departs from the mandatory minimum sentence 
  5.7   under paragraph (b) or (c). 
  5.8      (b) Prior to sentencing, the prosecutor may file a motion 
  5.9   to have a defendant described in paragraph (a) sentenced without 
  5.10  regard to the mandatory minimum sentence established by that 
  5.11  paragraph.  The motion must be accompanied by a statement on the 
  5.12  record of the reasons for it.  When presented with the 
  5.13  prosecutor's motion and if it finds that substantial mitigating 
  5.14  factors exist, the court shall sentence the defendant without 
  5.15  regard to the mandatory minimum sentence established by 
  5.16  paragraph (a).  
  5.17     (c) The court may, on its own motion, sentence a defendant 
  5.18  described in paragraph (a) without regard to the mandatory 
  5.19  minimum sentence established by that paragraph if it finds that 
  5.20  substantial mitigating factors exist and if its sentencing 
  5.21  departure is accompanied by a statement on the record of the 
  5.22  reasons for it.  The court also may sentence the defendant 
  5.23  without regard to the mandatory minimum sentence established by 
  5.24  paragraph (a) if the defendant is sentenced to probation and 
  5.25  ordered to participate in a program established under section 
  5.26  169A.74 (pilot programs of intensive probation for repeat DWI 
  5.27  offenders). 
  5.28     (d) When any portion of the sentence required by paragraph 
  5.29  (a) is not executed, the court should impose a sentence that is 
  5.30  proportional to the extent of the offender's prior criminal and 
  5.31  moving traffic violation record.  Any sentence required under 
  5.32  paragraph (a) must include a mandatory sentence that is not 
  5.33  subject to suspension or a stay of imposition or execution, and 
  5.34  that includes incarceration for not less than 48 consecutive 
  5.35  hours or at least 80 hours of community work service. 
  5.36     Subd. 2.  [THIRD OFFENSE.] (a) The court shall sentence a 
  6.1   person who is convicted of a violation of section 169A.20 
  6.2   (driving while impaired) within ten years of the first of two 
  6.3   qualified prior impaired driving incidents to either: 
  6.4      (1) a minimum of 90 days of incarceration, at least 30 days 
  6.5   of which must be served consecutively in a local correctional 
  6.6   facility; or 
  6.7      (2) a program of intensive supervision of the type 
  6.8   described in section 169A.74 (pilot programs of intensive 
  6.9   probation for repeat DWI offenders) that requires the person to 
  6.10  consecutively serve at least six days in a local correctional 
  6.11  facility.  
  6.12     (b) The court may order that the person serve not more than 
  6.13  60 days of the minimum penalty under paragraph (a), clause (1), 
  6.14  on home detention or in an intensive probation program described 
  6.15  in section 169A.74. 
  6.16     (c) Notwithstanding section 609.135, the penalties in this 
  6.17  subdivision must be imposed and executed. 
  6.18     Subd. 3.  [FOURTH OFFENSE.] (a) Unless the court commits 
  6.19  the person to the custody of the commissioner of corrections as 
  6.20  provided in section 169A.276 (mandatory penalties; felony 
  6.21  violations), the court shall sentence a person who is convicted 
  6.22  of a violation of section 169A.20 (driving while impaired) 
  6.23  within ten years of the first of three qualified prior impaired 
  6.24  driving incidents to either: 
  6.25     (1) a minimum of 180 days of incarceration, at least 30 
  6.26  days of which must be served consecutively in a local 
  6.27  correctional facility; or 
  6.28     (2) a program of intensive supervision of the type 
  6.29  described in section 169A.74 (pilot programs of intensive 
  6.30  probation for repeat DWI offenders) that requires the person to 
  6.31  consecutively serve at least six days in a local correctional 
  6.32  facility.  
  6.33     (b) The court may order that the person serve not more than 
  6.34  150 days of the minimum penalty under paragraph (a), clause (1), 
  6.35  on home detention or in an intensive probation program described 
  6.36  in section 169A.74.  Notwithstanding section 609.135, the 
  7.1   penalties in this subdivision must be imposed and executed. 
  7.2      Subd. 4.  [FIFTH OFFENSE OR MORE.] (a) Unless the court 
  7.3   commits the person to the custody of the commissioner of 
  7.4   corrections as provided in section 169A.276 (mandatory 
  7.5   penalties; felony violations), the court shall sentence a person 
  7.6   who is convicted of a violation of section 169A.20 (driving 
  7.7   while impaired) within ten years of the first of four or more 
  7.8   qualified prior impaired driving incidents to either: 
  7.9      (1) a minimum of one year of incarceration, at least 60 
  7.10  days of which must be served consecutively in a local 
  7.11  correctional facility; or 
  7.12     (2) a program of intensive supervision of the type 
  7.13  described in section 169A.74 (pilot programs of intensive 
  7.14  probation for repeat DWI offenders) that requires the person to 
  7.15  consecutively serve at least six days in a local correctional 
  7.16  facility.  
  7.17     (b) The court may order that the person serve the remainder 
  7.18  of the minimum penalty under paragraph (a), clause (1), on 
  7.19  intensive probation using an electronic monitoring system or, if 
  7.20  such a system is unavailable, on home detention.  
  7.21  Notwithstanding section 609.135, the penalties in this 
  7.22  subdivision must be imposed and executed. 
  7.23     Subd. 5.  [LEVEL OF CARE RECOMMENDED IN CHEMICAL USE 
  7.24  ASSESSMENT.] Unless the court commits the person to the custody 
  7.25  of the commissioner of corrections as provided in section 
  7.26  169A.276 (mandatory penalties; felony violations), in addition 
  7.27  to other penalties required under this section, the court shall 
  7.28  order a person to submit to the level of care recommended in the 
  7.29  chemical use assessment conducted under section 169A.70 (alcohol 
  7.30  safety program; chemical use assessments) if the person is 
  7.31  convicted of violating section 169A.20 (driving while impaired) 
  7.32  while having an alcohol concentration of 0.20 or more as 
  7.33  measured at the time, or within two hours of the time, of the 
  7.34  offense or if the violation occurs within ten years of one or 
  7.35  more qualified prior impaired driving incidents. 
  7.36     Sec. 9.  [169A.276] [MANDATORY PENALTIES; FELONY 
  8.1   VIOLATIONS.] 
  8.2      Subdivision 1.  [MANDATORY PRISON SENTENCE.] (a) The court 
  8.3   shall sentence a person who is convicted of a violation of 
  8.4   section 169A.20 (driving while impaired) under the circumstances 
  8.5   described in section 169A.24 (first-degree driving while 
  8.6   impaired) to imprisonment for not less than three years.  In 
  8.7   addition, the court may order the person to pay a fine of not 
  8.8   more than $14,000.  
  8.9      (b) The court may stay execution of this mandatory sentence 
  8.10  as provided in subdivision 2 (stay of mandatory sentence), but 
  8.11  may not stay imposition of the sentence or impose a sentence 
  8.12  that has a duration of less than three years. 
  8.13     (c) Notwithstanding the statutory maximum sentence provided 
  8.14  in section 169A.24 (first-degree driving while impaired), when 
  8.15  the court commits a person to the custody of the commissioner of 
  8.16  corrections under this subdivision, it shall provide that after 
  8.17  the person has been released from prison the commissioner shall 
  8.18  place the person on conditional release for five years.  The 
  8.19  commissioner shall impose any conditions of release that the 
  8.20  commissioner deems appropriate including, but not limited to, 
  8.21  successful completion of an intensive probation program as 
  8.22  described in section 169A.74 (pilot programs of intensive 
  8.23  probation for repeat DWI offenders).  If the person fails to 
  8.24  comply with any condition of release, the commissioner may 
  8.25  revoke the person's conditional release and order the person to 
  8.26  serve all or part of the remaining portion of the conditional 
  8.27  release term in prison.  The commissioner may not dismiss the 
  8.28  person from supervision before the conditional release term 
  8.29  expires.  Except as otherwise provided in this section, 
  8.30  conditional release is governed by provisions relating to 
  8.31  supervised release.  The failure of a court to direct the 
  8.32  commissioner of corrections to place the person on conditional 
  8.33  release, as required in this paragraph, does not affect the 
  8.34  applicability of the conditional release provisions to the 
  8.35  person. 
  8.36     (d) The commissioner shall require persons placed on 
  9.1   supervised or conditional release under this subdivision to pay 
  9.2   as much of the costs of the supervision as possible.  The 
  9.3   commissioner shall develop appropriate standards for this.  
  9.4      Subd. 2.  [STAY OF MANDATORY SENTENCE.] The provisions of 
  9.5   sections 169A.275 (mandatory penalties; nonfelony violations), 
  9.6   subdivision 3 or 4, and subdivision 5, and 169A.283 (stay of 
  9.7   execution of sentence), apply if the court stays execution of 
  9.8   the sentence under subdivision 1 (mandatory prison sentence).  
  9.9   In addition, the provisions of section 169A.277 (long-term 
  9.10  monitoring) may apply.  
  9.11     Subd. 3.  [DRIVER'S LICENSE REVOCATION; NO STAY PERMITTED.] 
  9.12  The court may not stay the execution of the driver's license 
  9.13  revocation provisions of section 169A.54 (impaired driving 
  9.14  convictions and adjudications; administrative penalties). 
  9.15     Sec. 10.  Minnesota Statutes 2000, section 169A.283, 
  9.16  subdivision 1, is amended to read: 
  9.17     Subdivision 1.  [STAY AUTHORIZED.] Except as otherwise 
  9.18  provided in ~~section~~ sections 169A.275 (mandatory penalties; 
  9.19  nonfelony violations) and 169A.276 (mandatory penalties; felony 
  9.20  violations), when a court sentences a person convicted of a 
  9.21  violation of section 169A.20 (driving while impaired), the court 
  9.22  may stay execution of the criminal sentence described in section 
  9.23  ~~169A.25~~ 169A.24 (first-degree driving while impaired), ~~169A.26~~ 
  9.24  169A.25 (second-degree driving while impaired), ~~or 169A.27~~ 
  9.25  169A.26 (third-degree driving while impaired), or 169A.27 
  9.26  (fourth-degree driving while impaired) on the condition that the 
  9.27  convicted person submit to the level of care recommended in the 
  9.28  chemical use assessment report required under section 169A.70 
  9.29  (alcohol safety programs; chemical use assessments).  If the 
  9.30  court does not order a level of care in accordance with the 
  9.31  assessment report recommendation as a condition of a stay of 
  9.32  execution, it shall state on the record its reasons for not 
  9.33  following the assessment report recommendation. 
  9.34     Sec. 11.  Minnesota Statutes 2000, section 169A.40, 
  9.35  subdivision 3, is amended to read: 
  9.36     Subd. 3.  [FIRST-DEGREE AND SECOND-DEGREE DWI OFFENDERS; 
 10.1   CUSTODIAL ARREST.] Notwithstanding rule 6.01 of the Rules of 
 10.2   Criminal Procedure, a peace officer acting without a warrant who 
 10.3   has decided to proceed with the prosecution of a person for 
 10.4   violating section 169A.20 (driving while impaired), shall arrest 
 10.5   and take the person into custody if the officer has reason to 
 10.6   believe the violation occurred under the circumstances described 
 10.7   in section 169A.24 (first-degree driving while impaired) or 
 10.8   169A.25 (~~first-degree~~ second-degree driving while impaired).  
 10.9   The person shall be detained until the person's first court 
 10.10  appearance. 
 10.11     Sec. 12.  Minnesota Statutes 2000, section 169A.63, 
 10.12  subdivision 1, is amended to read: 
 10.13     Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
 10.14  the following terms have the meanings given them. 
 10.15     (b) "Appropriate agency" means a law enforcement agency 
 10.16  that has the authority to make an arrest for a violation of a 
 10.17  designated offense or to require a test under section 169A.51 
 10.18  (chemical tests for intoxication). 
 10.19     (c) "Designated license revocation" includes a license 
 10.20  revocation under section 169A.52 (license revocation for test 
 10.21  failure or refusal) or a license disqualification under section 
 10.22  171.165 (commercial driver's license disqualification) resulting 
 10.23  from a violation of section 169A.52; within ten years of the 
 10.24  first of two or more qualified prior impaired driving incidents. 
 10.25     (d) "Designated offense" includes: 
 10.26     (1) a violation of section 169A.20 (driving while impaired) 
 10.27  under the circumstances described in section 169A.24 
 10.28  (first-degree driving while impaired) or 169A.25 (~~first-degree~~ 
 10.29  second-degree driving while impaired); or 
 10.30     (2) a violation of section 169A.20 or an ordinance in 
 10.31  conformity with it: 
 10.32     (i) by a person whose driver's license or driving 
 10.33  privileges have been canceled as inimical to public safety under 
 10.34  section 171.04, subdivision 1, clause (10); or 
 10.35     (ii) by a person who is subject to a restriction on the 
 10.36  person's driver's license under section 171.09 (commissioner's 
 11.1   license restrictions), which provides that the person may not 
 11.2   use or consume any amount of alcohol or a controlled substance. 
 11.3      (e) "Motor vehicle" and "vehicle" do not include a vehicle 
 11.4   which is stolen or taken in violation of the law. 
 11.5      (f) "Owner" means the registered owner of the motor vehicle 
 11.6   according to records of the department of public safety and 
 11.7   includes a lessee of a motor vehicle if the lease agreement has 
 11.8   a term of 180 days or more. 
 11.9      (g) "Prosecuting authority" means the attorney in the 
 11.10  jurisdiction in which the designated offense occurred who is 
 11.11  responsible for prosecuting violations of a designated offense. 
 11.12     Sec. 13.  Minnesota Statutes 2000, section 171.29, 
 11.13  subdivision 2, is amended to read: 
 11.14     Subd. 2.  [FEES, ALLOCATION.] (a) A person whose driver's 
 11.15  license has been revoked as provided in subdivision 1, except 
 11.16  under section 169A.52 or 169A.54, shall pay a $30 fee before the 
 11.17  driver's license is reinstated. 
 11.18     (b) A person whose driver's license has been revoked as 
 11.19  provided in subdivision 1 under section 169A.52 or 169A.54 shall 
 11.20  pay a $250 fee plus a ~~$40~~ $340 surcharge before the driver's 
 11.21  license is reinstated.  The $250 fee is to be credited as 
 11.22  follows: 
 11.23     (1) Twenty percent must be credited to the trunk highway 
 11.24  fund. 
 11.25     (2) Fifty-five percent must be credited to the general fund.
 11.26     (3) Eight percent must be credited to a separate account to 
 11.27  be known as the bureau of criminal apprehension account.  Money 
 11.28  in this account may be appropriated to the commissioner of 
 11.29  public safety and the appropriated amount must be apportioned 80 
 11.30  percent for laboratory costs and 20 percent for carrying out the 
 11.31  provisions of section 299C.065. 
 11.32     (4) Twelve percent must be credited to a separate account 
 11.33  to be known as the alcohol-impaired driver education account.  
 11.34  Money in the account is appropriated as follows: 
 11.35     (i) the first $200,000 in a fiscal year to the commissioner 
 11.36  of children, families, and learning for programs for elementary 
 12.1   and secondary school students; and 
 12.2      (ii) the remainder credited in a fiscal year to the 
 12.3   commissioner of transportation to be spent as grants to the 
 12.4   Minnesota highway safety center at St. Cloud State University 
 12.5   for programs relating to alcohol and highway safety education in 
 12.6   elementary and secondary schools. 
 12.7      (5) Five percent must be credited to a separate account to 
 12.8   be known as the traumatic brain injury and spinal cord injury 
 12.9   account.  The money in the account is annually appropriated to 
 12.10  the commissioner of health to be used as follows:  35 percent 
 12.11  for a contract with a qualified community-based organization to 
 12.12  provide information, resources, and support to assist persons 
 12.13  with traumatic brain injury and their families to access 
 12.14  services, and 65 percent to maintain the traumatic brain injury 
 12.15  and spinal cord injury registry created in section 144.662.  For 
 12.16  the purposes of this clause, a "qualified community-based 
 12.17  organization" is a private, not-for-profit organization of 
 12.18  consumers of traumatic brain injury services and their family 
 12.19  members.  The organization must be registered with the United 
 12.20  States Internal Revenue Service under section 501(c)(3) as a 
 12.21  tax-exempt organization and must have as its purposes:  
 12.22     (i) the promotion of public, family, survivor, and 
 12.23  professional awareness of the incidence and consequences of 
 12.24  traumatic brain injury; 
 12.25     (ii) the provision of a network of support for persons with 
 12.26  traumatic brain injury, their families, and friends; 
 12.27     (iii) the development and support of programs and services 
 12.28  to prevent traumatic brain injury; 
 12.29     (iv) the establishment of education programs for persons 
 12.30  with traumatic brain injury; and 
 12.31     (v) the empowerment of persons with traumatic brain injury 
 12.32  through participation in its governance. 
 12.33  No patient's name, identifying information or identifiable 
 12.34  medical data will be disclosed to the organization without the 
 12.35  informed voluntary written consent of the patient or patient's 
 12.36  guardian, or if the patient is a minor, of the parent or 
 13.1   guardian of the patient. 
 13.2      (c) The ~~$40~~ $340 surcharge must be credited to a separate 
 13.3   account to be known as the remote electronic alcohol monitoring 
 13.4   program account.  The commissioner shall transfer the balance of 
 13.5   this account to the commissioner of finance on a monthly basis 
 13.6   for deposit in the general fund. 
 13.7      (d) When these fees are collected by a licensing agent, 
 13.8   appointed under section 171.061, a handling charge is imposed in 
 13.9   the amount specified under section 171.061, subdivision 4.  The 
 13.10  reinstatement fees and surcharge must be deposited in an 
 13.11  approved state depository as directed under section 171.061, 
 13.12  subdivision 4. 
 13.13     Sec. 14.  Minnesota Statutes 2000, section 244.18, 
 13.14  subdivision 1, is amended to read: 
 13.15     Subdivision 1.  [DEFINITION.] As used in this section, 
 13.16  "local correctional fees" include fees for the following 
 13.17  correctional services:  
 13.18     (1) community service work placement and supervision; 
 13.19     (2) restitution collection; 
 13.20     (3) supervision; 
 13.21     (4) court ordered investigations; ~~or~~ 
 13.22     (5) any other court ordered service; 
 13.23     (6) postprison supervision or other form of release; or 
 13.24     (7) supervision or other services provided to probationers 
 13.25  or parolees under section 243.16 to be provided by a local 
 13.26  probation and parole agency established under section 244.19 or 
 13.27  community corrections agency established under chapter 401. 
 13.28     Sec. 15.  [SUPERVISION LEVEL.] 
 13.29     Nothing in this act requires a different level of 
 13.30  supervision for offenders than is currently required by law. 
 13.31     Sec. 16.  [STUDY.] 
 13.32     By January 15, 2004, and each year thereafter through 
 13.33  January 15, 2007, the commissioner of corrections must report to 
 13.34  the chairs and ranking minority members of the house and senate 
 13.35  committees having jurisdiction over criminal justice and 
 13.36  judiciary finance issues on the implementation and effects of 
 14.1   the felony level driving while impaired offense.  The report 
 14.2   must include the following information on felony level driving 
 14.3   while impaired offenses: 
 14.4      (1) the number of persons convicted; 
 14.5      (2) the number of trials taken to verdict, separating out 
 14.6   cases tried to a judge versus cases tried to a jury, and the 
 14.7   number of convictions for each; 
 14.8      (3) the number of offenders incarcerated locally and the 
 14.9   term of incarceration; 
 14.10     (4) the number placed on probation and the length of the 
 14.11  probation; 
 14.12     (5) the number for whom probation is revoked, the reasons 
 14.13  for revocation, and the consequences imposed; 
 14.14     (6) the number given an executed prison sentence upon 
 14.15  conviction and the length of the sentence; 
 14.16     (7) the number given an executed prison sentence upon 
 14.17  revocation of probation and the length of sentence; 
 14.18     (8) the number who successfully complete treatment in 
 14.19  prison; 
 14.20     (9) the number placed on intensive supervision following 
 14.21  release from incarceration; 
 14.22     (10) the number who violate supervised release and the 
 14.23  consequences imposed; and 
 14.24     (11) any other information the commissioner deems relevant 
 14.25  to estimating future costs. 
 14.26     Sec. 17.  [EFFECTIVE DATE.] 
 14.27     Sections 1 to 12 and 14 to 16 are effective August 1, 2002, 
 14.28  and apply to crimes committed on or after that date.  However, 
 14.29  violations occurring before August 1, 2002, that are listed in 
 14.30  Minnesota Statutes, section 169A.03, subdivisions 20 and 21, are 
 14.31  considered qualified prior impaired driving incidents for 
 14.32  purposes of this act.