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609.101.3
Statute ID:
12189
Statute Function ID:
26734
Minimum Fines-Controlled Substance Offenses
In Effect
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Function Details
History
Text
Details are only available for Penalty and Charging Statutes.
Statute Number:
609.101.3
Enactment Date:
May 8, 2008
Effective Date:
Aug 1, 2008
Expiration Date:
Repealed?:
No
Summary Text:
Minimum Fines-Controlled Substance Offenses
Statute ID:
12189
Created:
Jul 9, 2008 by mnjis.legal.analyst@state.mn.us
Updated:
Jun 21, 2013 by mnjis.legal.analyst@state.mn.us
Last Update Action:
Updated
Legal Analyst Comment:
2008 Chapter 277, Article 1 Section 93
Summary Text:
Minimum Fines-Controlled Substance Offenses
Link to MN Statute Text:
https://www.revisor.leg.state.mn.us/stats/609/101.html
Legislative Session:
2008 - Regular
Session Law Text?:
No
Statute text last updated on:
Jul 9, 2008
(a) Notwithstanding any other law, when a court sentences a person convicted of a controlled substance crime under sections 152.021 to 152.025 and 152.0262, it must impose a fine of not less than 30 percent of the maximum fine authorized by law nor more than the maximum fine authorized by law. (b) The minimum fine required by this subdivision is in addition to the surcharge or assessment required by section 357.021, subdivision 6, and is in addition to any sentence of imprisonment or restitution imposed or ordered by the court. (c) The court shall collect the fine mandated by this subdivision and forward 70 percent of it to a local drug abuse prevention program existing or being implemented in the county in which the crime was committed. The court shall forward the remaining 30 percent to the commissioner of finance to be credited to the general fund. If more than one drug abuse prevention program serves the county in which the crime was committed, the court may designate on a case-by-case basis which program will receive the fine proceeds, giving consideration to the community in which the crime was committed, the funding needs of the program, the number of peace officers in each community certified to teach the program, and the number of children served by the program in each community. If no drug abuse prevention program serves communities in that county, the court shall forward 100 percent of the fine proceeds to the commissioner of finance to be credited to the general fund. (d) The minimum fines required by this subdivision shall be collected as are other fines. Fine proceeds received by a local drug abuse prevention program must be used to support that program, and may be used for salaries of peace officers certified to teach the program. The drug abuse resistance education program must report receipt and use of money generated under this subdivision as prescribed by the Drug Abuse Resistance Education Advisory Council. (e) As used in this subdivision, "drug abuse prevention program" and "program" include: (1) the drug abuse resistance education program described in section 299A.33; and (2) any similar drug abuse education and prevention program that includes the following components: (A) instruction for students enrolled in kindergarten through grade six that is designed to teach students to recognize and resist pressures to experiment with controlled substances and alcohol; (B) provisions for parental involvement; (C) classroom instruction by uniformed law enforcement personnel; (D) the use of positive student leaders to influence younger students not to use drugs; and (E) an emphasis on activity-oriented techniques designed to encourage student-generated responses to problem-solving situations.
