1.1 .................... moves to amend H.F. No. 4077 as follows:
1.2Delete everything after the enacting clause and insert:
1.3
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"Section 1. SUMMARY OF APPROPRIATIONS.
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1.4 The amounts shown in this section summarize the direct appropriations, by fund,
1.5made in this act.
1.6
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2008
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2009
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Total
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1.7
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General
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$
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360,000
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$
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(10,408,000)
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$
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(10,048,000)
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1.8
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Special Revenue Fund
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(25,000)
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50,000
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25,000
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1.9
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Total
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$
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335,000
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$
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(10,358,000)
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$
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(10,023,000)
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1.10
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Sec. 2. SUMMARY OF APPROPRIATIONS.
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1.11 The sums shown in the columns marked "Appropriations" are added to or, if shown
1.12in parentheses, subtracted from the appropriations in Laws 2007, chapter 54, article 1, to
1.13the agencies and for the purposes specified in this act. The appropriations are from the
1.14general fund, or another named fund, and are available for the fiscal years indicated for
1.15each purpose. The figures "2008" and "2009" used in this act mean that the addition to
1.16or subtraction from the appropriations listed under them are available for the fiscal year
1.17ending June 30, 2008, or June 30, 2009, respectively. Supplemental appropriations and
1.18reductions to appropriations for the fiscal year ending June 30, 2008, are effective the day
1.19following final enactment. "The first year" is fiscal year 2008. "The second year" is fiscal
1.20year 2009. "The biennium" is fiscal years 2008 and 2009.
1.21
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APPROPRIATIONS
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1.22
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Available for the Year
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1.23
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Ending June 30
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1.24
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2008
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2009
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1.25
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Sec. 3. SUPREME COURT
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$
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-0-
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$
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(778,000)
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2.1$650,000 in the second year is to reduce
2.2funding for Supreme Court operations.
2.3$128,000 in the second year is to reduce
2.4funding for civil legal services.
2.5
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Sec. 4. COURT OF APPEALS
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$
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-0-
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$
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(141,000)
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2.6
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Sec. 5. DISTRICT COURTS
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$
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-0-
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$
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(3,608,000)
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2.7
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Sec. 6. BOARD OF PUBLIC DEFENSE
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$
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-0-
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$
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(1,690,000)
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2.8
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Sec. 7. PUBLIC SAFETY
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2.9
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Subdivision 1.Total Appropriation
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$
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360,000
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$
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(1,598,000)
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2.10
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Subd. 2.Emergency Management
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360,000
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(40,000)
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2.11$360,000 in the first year is to provide a
2.12match for FEMA money received for natural
2.13disaster assistance payments and is added
2.14to appropriations in Laws 2007, chapter 54,
2.15article 1, section 10, subdivision 2. This
2.16appropriation is available until June 30,
2.172010. This is a onetime appropriation.
2.18The appropriation from the general fund in
2.19the second year to reimburse local chemical
2.20assessment and hazardous materials teams
2.21when they respond to incidents is reduced
2.22by $40,000. Reimbursements up to $40,000
2.23per year are to be made from revenues in
2.24the special revenue fund from billings to
2.25responsible companies.
2.26
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Subd. 3.Criminal Apprehension
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-0-
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(708,000)
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2.27$608,000 in the second year is to reduce the
2.28funding for CriMNet justice information
2.29integration. The base is reduced by an
2.30additional $209,000 in fiscal year 2010 and
2.31each year after.
3.1The general fund appropriation includes
3.2a reduction of $100,000 in fiscal year
3.32009. This reduction may be applied to
3.4any program funded under Laws 2007,
3.5chapter 54, article 1, section 10, with the
3.6exception of Office of Justice Programs and
3.7forensic lab scientists. All budget reductions
3.8should be made with an emphasis on cutting
3.9administration and overhead expenses, with
3.10as little impact as possible on programs and
3.11services.
3.12
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Subd. 4.Fire Marshal
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3.13By May 1, 2009, $1,000,000 must be
3.14transferred from the fire marshal account in
3.15the special revenue fund to the general fund.
3.16
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Subd. 5.Office of Justice Programs
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-0-
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(850,000)
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3.17$350,000 in the second year are reductions
3.18for grants to the Financial Crimes Task Force.
3.19The base is reduced by an additional $10,000
3.20in fiscal year 2010 and each year after.
3.21$500,000 in the second year are for
3.22reductions in squad car cameras.
3.23
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Sec. 8. HUMAN RIGHTS
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$
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-0-
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$
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(149,000)
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3.24This reduction is from Laws 2007, chapter
3.2554, article 1, section 13.
3.26
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Sec. 9. DEPARTMENT OF CORRECTIONS
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3.27
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Subdivision 1.Total Appropriation
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$
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-0-
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$
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(2,444,000)
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3.28
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Subd. 2.Community Services
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-0-
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(2,100,000)
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3.29
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Short-Term Offenders
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-0-
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(1,500,000)
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3.30This reduction is from Laws 2007, chapter
3.3154, article 1, section 14, subdivision 3.
3.32
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Sentencing to Service
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-0-
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(600,000)
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4.1This reduction is from Laws 2007, chapter
4.254, article 1, section 14, subdivision 3.
4.3
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Subd. 3.Operations Support
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-0-
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(344,000)
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4.4This reduction is from Laws 2007, chapter
4.554, article 1, section 14, subdivision 4.
4.6The base is reduced by an additional $56,000
4.7in fiscal year 2010 and each year after.
4.8 Sec. 10. Laws 2007, chapter 54, article 1, section 11, is amended to read:
4.9
4.10
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Sec. 11. PEACE OFFICER STANDARDS
AND TRAINING (POST) BOARD
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$
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4,296,000
4,271,000
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$
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4,278,000
4,328,000
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4.11Excess Amounts Transferred. This
4.12appropriation is from the peace officer
4.13training account in the special revenue fund.
4.14Any new receipts credited to that account
4.15in the first year in excess of
$4,296,000
4.16$4,271,000 must be transferred and credited
4.17to the general fund. Any new receipts
4.18credited to that account in the second year
4.19in excess of
$4,278,000 $4,328,000 must be
4.20transferred and credited to the general fund.
4.21Peace Officer Training Reimbursements.
4.22$3,159,000 the first year and $ 3,159,000 the
4.23second year are for reimbursements to local
4.24governments for peace officer training costs.
4.25No Contact Orders. The board shall: (1)
4.26revise and update preservice courses and
4.27develop in-service training courses related
4.28to no contact orders in domestic violence
4.29cases and domestic violence dynamics; and
4.30(2) reimburse peace officers who have taken
4.31training courses described in clause (1).
4.32At a minimum, the training must include
4.33instruction in the laws relating to no contact
4.34orders and address how to best coordinate
5.1law enforcement resources relating to no
5.2contact orders. In addition, the training
5.3must include a component to instruct peace
5.4officers on doing risk assessments of the
5.5escalating factors of lethality in domestic
5.6violence cases. The board must consult with
5.7a statewide domestic violence organization
5.8in developing training courses. The board
5.9shall utilize a request for proposal process in
5.10awarding training contracts. The recipient
5.11of the training contract must conduct these
5.12trainings with advocates or instructors from
5.13a statewide domestic violence organization.
5.14Beginning on January 1, 2008, the board may
5.15not approve an in-service training course
5.16relating to domestic abuse that does not
5.17comply with this section.
5.18 Sec. 11.
WORKING GROUP ON CONTROLLED SUBSTANCE LAWS;
5.19REPORT TO LEGISLATURE.
5.20 Subdivision 1. Establishment; membership; staff. (a) By July 1, 2008, the chair
5.21of the house Public Safety Finance Division and the chair of the senate Public Safety
5.22Budget Division shall jointly appoint a working group on the state's controlled substance
5.23laws. The working group shall include:
5.24 (1) two representatives of the Minnesota County Attorneys Association;
5.25 (2) two representatives of the Board of Public Defense;
5.26 (3) three representatives of state law enforcement associations, including one
5.27sheriff, one chief of police, and one member of the Minnesota Police and Peace Officers
5.28Association;
5.29 (4) two representatives of the Judicial Council;
5.30 (5) one representative from community corrections or probation;
5.31 (6) one expert in the fields of drug treatment and controlled substance laws;
5.32 (7) one individual who is not affiliated with any of the associations in clauses (1) to
5.33(6) and who has relevant experience related to sentencing policy or the criminal justice
5.34field; and
6.1 (8) two community members who reside in an area adversely affected by controlled
6.2substance crimes and violent crimes, one of whom is a member of a community crime
6.3prevention organization.
6.4 (b) Staff support for the working group shall be provided by the Sentencing
6.5Guidelines Commission.
6.6 Subd. 2. Subject matter. (a) The working group must review, assess, and make
6.7specific recommendations regarding the following alternatives for modification and
6.8application of Minnesota's controlled substance laws:
6.9 (1) revising the threshold amounts for Minnesota's controlled substance crimes;
6.10 (2) establishing a separate sentencing guidelines grid for drug offenses;
6.11 (3) establishing additional aggravating factors so as to target certain particularly
6.12dangerous offenders;
6.13 (4) revising the criminal history point calculations for repeat drug offenders;
6.14 (5) maximizing the use of deferred prosecutions for low-level drug offenders under
6.15section 152.18 throughout the state; and
6.16 (6) increasing the use of the early release program for nonviolent controlled
6.17substance offenders who successfully complete drug treatment while incarcerated as
6.18provided in section 244.055.
6.19 (b) As part of its review of the various possible reforms, the working group may
6.20also study and consider:
6.21 (1) the significance, if any, of current rates of departure from presumptive guidelines
6.22sentences for controlled substance crimes;
6.23 (2) the significance, if any, of current rates of departure from presumptive guidelines
6.24sentences for controlled substance crimes for identifiable categories of offenders;
6.25 (3) the impact that recent United States Supreme Court criminal sentencing decisions
6.26have on implementing further reform;
6.27 (4) the barriers to comparing Minnesota's sentencing data with data from other states;
6.28 (5) strategies for imposing probation and supervised release violations on drug
6.29offenders;
6.30 (6) strategies for increasing the efficacy of programs that are now available to treat
6.31drug offenders;
6.32 (7) the likely impact of any recommended change in policy upon victims of
6.33drug-related crimes and the neighborhoods in which these crimes occur;
6.34 (8) the likely impact of any recommended change in policy upon the efficacy of law
6.35enforcement, prosecution, public defender, or court personnel; or
6.36 (9) any other sentencing-related matter that the working group sees fit to consider.
7.1 Subd. 3. Report to legislature. The working group shall report its findings and
7.2recommendations to the chair of the house Public Safety Finance Division and the chair of
7.3the senate Public Safety Budget Division by January 16, 2009.
7.4EFFECTIVE DATE.This section is effective the day following final enactment."
7.5Amend the title accordingly