Subdivision 1. Definition. (a) As used in this section, the following terms have the meanings given them.
(b) "Correctional fees" include fees for the following correctional services:
(1) community service work placement and supervision;
(2) restitution collection;
(3) supervision;
(4) court-ordered investigations; or
(5) any other service provided by a probation officer or parole agency for offenders supervised by the commissioner of corrections.
(c) "Probation" has the meaning given in section 609.02, subdivision 15.
(d) "Supervised release" has the meaning given in section 244.01, subdivision 7.
Subd. 2. Correctional fees established. To defray costs associated with correctional services, the commissioner of corrections may establish a schedule of correctional fees to charge persons convicted of a crime and supervised by the commissioner. The correctional fees on the schedule must be reasonably related to offenders' abilities to pay and the actual cost of correctional services.
Subd. 3. Fee collection. (a) The commissioner of corrections may impose and collect fees from individuals on probation and supervised release at any time while the offender is under sentence or after the sentence has been discharged.
(b) The commissioner may use any available civil means of debt collection in collecting a correctional fee.
Subd. 4. Exemption from fee. The commissioner of corrections may waive payment of the fee if the commissioner determines that the offender does not have the ability to pay the fee, the prospects for payment are poor, or there are extenuating circumstances justifying waiver of the fee. Instead of waiving the fee, the commissioner may require the offender to perform community work service as a means of paying the fee.
Subd. 5. Restitution payment priority. If an offender has been ordered by a court to pay restitution, the offender shall be obligated to pay the restitution ordered before paying the correctional fee. However, if the offender is making reasonable payments to satisfy the restitution obligation, the commissioner may also collect a correctional fee.
Subd. 6. Use of fees. Excluding correctional fees collected from offenders supervised by department agents under the authority of section 244.19, subdivision 1, paragraph (a), clause (3), all correctional fees collected under this section go to the general fund. Fees collected by agents under the authority of section 244.19, subdivision 1, paragraph (a), clause (3), shall go to the county treasurer in the county where supervision is provided. These fees may only be used in accordance with section 244.18, subdivision 6.
Subd. 7. Annual report. Beginning January 15, 2001, the commissioner shall submit an annual report on the implementation of this section to the chairs and ranking minority members of the senate and house of representatives committees and divisions with jurisdiction over criminal justice funding and policy. At a minimum, the report shall include information on the types of correctional services for which fees were imposed, the aggregate amount of fees imposed, and the amount of fees collected.
Subd. 8. Sex offender treatment fee. The commissioner of corrections may authorize sex offender treatment providers to charge and collect treatment co-pays from all offenders in their treatment program. The amount of treatment co-pay assessed to each offender is based upon a fee schedule approved by the commissioner. Fees collected under this authority are used by the treatment provider to fund the cost of treatment.
History:1999 c 216 art 4 s 4; 1Sp2001 c 9 art 18 s 9; 2002 c 379 art 1 s 113; 2004 c 134 s 1