Subdivision 1.Definitions.

As used in this section:

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Terms Used In Minnesota Statutes 169A.73

  • Alcohol concentration: means :

    (1) the number of grams of alcohol per 100 milliliters of blood;

    (2) the number of grams of alcohol per 210 liters of breath; or

    (3) the number of grams of alcohol per 67 milliliters of urine. See Minnesota Statutes 169A.03

  • Commissioner: means the commissioner of public safety or a designee. See Minnesota Statutes 169A.03
  • court administrator: means the court administrator of the court in which the action or proceeding is pending, and "court administrator's office" means that court administrator's office. See Minnesota Statutes 645.44
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Minority: means with respect to an individual the period of time during which the individual is a minor. See Minnesota Statutes 645.451
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44

(1) “breath analyzer unit” means a device that performs breath alcohol testing and is connected to a remote electronic alcohol-monitoring system; and

(2) “remote electronic alcohol-monitoring system” means a system that electronically monitors the alcohol concentration of individuals in their homes or other locations to ensure compliance with conditions of pretrial release, supervised release, or probation.

Subd. 2.Program established.

In cooperation with the Conference of Chief Judges, the state court administrator, and the commissioner of public safety, the commissioner of corrections shall establish a program to use breath analyzer units to monitor impaired driving offenders who are ordered to abstain from alcohol use as a condition of pretrial release, supervised release, or probation. The program must include procedures to ensure that violators of this condition of release receive swift consequences for the violation.

Subd. 3.Cost of program.

Offenders who are ordered to participate in the program shall also be ordered to pay the per diem cost of the monitoring unless the offender is indigent. The commissioner of corrections shall reimburse the judicial districts in a manner proportional to their use of remote electronic alcohol monitoring for any costs the districts incur in participating in the program.

Subd. 4.Report required.

By January 1, 2004, the commissioner of corrections shall evaluate the effectiveness of the program and report the results of this evaluation to the Conference of Chief Judges, the state court administrator, the commissioner of public safety, and the chairs and ranking minority members of the house of representatives and senate committees and divisions having jurisdiction over criminal justice policy and funding.