HF1295

Purpose

This bill changes how fines from certain crimes are used by funding local victim assistance services. It requires courts to impose a minimum fine and directs most of that money to programs that help crime victims in the county where the crime happened. It also expands which programs can receive these funds, including children's advocacy centers.

Main Provisions

• Minimum fine for certain offenses: When a court sentences someone for listed crimes, the court must impose a fine equal to at least 30% of the maximum fine allowed by law (and not more than the maximum). This is in addition to any other penalties.
• How the fines are split:
  • 70% goes to a local victim assistance program serving the county where the crime occurred.
  • 30% goes to the commissioner of management and budget to be credited to the general fund.
• If multiple victim assistance programs serve the county, the court may choose which program receives the funds on a case-by-case basis, using factors like the crime’s nature, the types of victims served, and each program’s funding needs.
• If no victim assistance program serves the county, 100% goes to the general fund.
• Use of funds: Local victim assistance programs must use the money to provide direct services to crime victims.
• Additional to other penalties: The minimum fine is in addition to any surcharge or assessment (under another law) and in addition to any imprisonment sentence or restitution.
• Broad definition of victim assistance programs: The bill defines “victim assistance program” to include victim witness programs in county attorney offices and other programs such as crime victim crisis centers, victim-witness programs, battered women/domestic abuse shelters and non-shelter programs, sexual assault programs, and children's advocacy centers (as defined in another statute).

Key Changes to Law

• Establishes a statutory 30% minimum fine for a defined set of offenses, with mandatory allocation rules for how the money is distributed.
• Creates a dedicated flow of funds to local victim services, with a fallback to the state general fund if no local program exists.
• Explicitly includes children’s advocacy centers as eligible recipients for these funds.
• Ties funding decisions to specifics of the crime and victim needs, allowing flexibility in distribution.

Implications

• Increases funding for victim services at the county level, potentially expanding access to direct services for crime victims.
• Helps ensure a steady stream of money to local programs, rather than relying solely on state funding or voluntary contributions.
• May influence court sentencing practices by adding a mandatory financial component that must be collected and allocated to victim services.

Relevant Terms - victim assistance program - local victim assistance program - county - county attorney offices - victim witness programs - crime victim crisis centers - battered women domestic abuse shelters - non-shelter programs - sexual assault programs - children's advocacy centers - 260E.02 subdivision 5 - Minnesota Statutes 2024 section 609.101 subdivision 2 - minimum fine - 30 percent - 70 percent - general fund - commissioner of management and budget - direct services to crime victims - surcharge or assessment (section 357.021 subdivision 6) - offenses: 609.221, 609.222, 609.223, 609.2231, 609.224, 609.2242, 609.267, 609.2671, 609.2672, 609.342, 609.343, 609.344, 609.345