1.1    .................... moves to amend H. F. No. 161, the first engrossment, as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2006, section 641.12, subdivision 1, is amended to read:
1.4    Subdivision 1. Fee. (a) A county board may require that each person who is booked
1.5for confinement at a county or regional jail, and not released upon completion of the
1.6booking process, pay a fee of up to $10 $25 to the sheriff's department of the county in
1.7which the jail is located. The fee is payable immediately from any money then possessed
1.8by the person being booked, or any money deposited with the sheriff's department on
1.9the person's behalf. The sheriff shall provide the person with a form summarizing the
1.10provisions of paragraph (c) that the person may use to seek the fee's refund under that
1.11paragraph.
1.12    (b) If the person has no funds at the time of booking or during the period of
1.13any incarceration, the sheriff shall notify the district court in the county where the
1.14charges related to the booking are pending, and shall request the assessment of the fee.
1.15Notwithstanding section 609.10 or 609.125, upon notification from the sheriff, the district
1.16court must order the fee paid to the sheriff's department as part of any sentence or
1.17disposition imposed, unless the person qualifies financially for a public defender under
1.18section 611.17.
1.19    (c) If the person is not charged, is acquitted, or if the charges are dismissed, upon
1.20request of the person through the form provided in paragraph (a), the sheriff shall return
1.21the fee to the person at the last known address listed in the booking records.
1.22    (d) The chief executive officer of the local correctional agency or sheriff may waive
1.23payment of the fee under this subdivision if the officer or sheriff determines that the person
1.24does not have the ability to pay the fee, payment of the fee would create undue hardship
1.25for the person or the person's immediate family, the prospects for payment are poor, or
1.26there are extenuating circumstances justifying waiver of the fee.
2.1EFFECTIVE DATE.This section is effective July 1, 2007. "