2007 Minnesota Statutes

169A.284 CHEMICAL DEPENDENCY ASSESSMENT CHARGE; SURCHARGE.
    Subdivision 1. When required. (a) When a court sentences a person convicted of an offense
enumerated in section 169A.70, subdivision 2 (chemical use assessment; requirement; form), it
shall impose a chemical dependency assessment charge of $125. A person shall pay an additional
surcharge of $5 if the person is convicted of a violation of section 169A.20 (driving while
impaired) within five years of a prior impaired driving conviction or a prior conviction for an
offense arising out of an arrest for a violation of section 169A.20 or Minnesota Statutes 1998,
section 169.121 (driver under influence of alcohol or controlled substance) or 169.129 (aggravated
DWI-related violations; penalty). This section applies when the sentence is executed, stayed, or
suspended. The court may not waive payment or authorize payment of the assessment charge
and surcharge in installments unless it makes written findings on the record that the convicted
person is indigent or that the assessment charge and surcharge would create undue hardship for
the convicted person or that person's immediate family.
(b) The chemical dependency assessment charge and surcharge required under this section
are in addition to the surcharge required by section 357.021, subdivision 6 (surcharges on criminal
and traffic offenders).
    Subd. 2. Distribution of money. The county shall collect and forward to the commissioner
of finance $25 of the chemical dependency assessment charge and the $5 surcharge, if any, within
60 days after sentencing or explain to the commissioner in writing why the money was not
forwarded within this time period. The commissioner shall credit the money to the general fund.
The county shall collect and keep $100 of the chemical dependency assessment charge.
History: 2000 c 478 art 1 s 15