2005 Minnesota Statutes - 169A.284 — Chemical dependency assessment charge; surcharge.

     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. 


    HIST: 2000 c 478 art 1 s 15