1.1Senator .................... moves to amend S.F. No. 2634 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2009 Supplement, section 84.7741, is amended by
1.4adding a subdivision to read:
1.5    Subd. 13. Reporting. The appropriate agency and prosecuting authority shall report
1.6on forfeitures occurring under this section as described in section 609.5315, subdivision 6.

1.7    Sec. 2. Minnesota Statutes 2008, section 97A.221, is amended by adding a subdivision
1.8to read:
1.9    Subd. 5. Reporting. The enforcement officer shall report on forfeitures occurring
1.10under this section as described in section 609.5315, subdivision 6.

1.11    Sec. 3. Minnesota Statutes 2008, section 97A.223, is amended by adding a subdivision
1.12to read:
1.13    Subd. 6. Reporting. The enforcement officer shall report on forfeitures occurring
1.14under this section as described in section 609.5315, subdivision 6.

1.15    Sec. 4. Minnesota Statutes 2008, section 97A.225, is amended by adding a subdivision
1.16to read:
1.17    Subd. 10. Reporting. The enforcement officer shall report on forfeitures occurring
1.18under this section as described in section 609.5315, subdivision 6.

1.19    Sec. 5. Minnesota Statutes 2008, section 169A.63, is amended by adding a subdivision
1.20to read:
1.21    Subd. 12. Reporting. The appropriate agency and prosecuting authority shall report
1.22on forfeitures occurring under this section as described in section 609.5315, subdivision 6.

1.23    Sec. 6. [388.30] CONTROLLED SUBSTANCE FORFEITURE POLICIES.
1.24    Subdivision 1. Statewide model policy required. The Minnesota County Attorneys
1.25Association, in consultation with the attorney general's office and the Peace Officer
1.26Standards and Training Board, shall develop a model policy on controlled substance
1.27forfeitures designed to encourage the uniform application of these laws across the state.
1.28At a minimum, the policy shall address the following: the type of training and assistance
1.29provided to law enforcement by prosecutors; the level of involvement of prosecutors in
1.30administrative forfeitures, including reviewing administrative forfeiture cases before the
2.1forfeiture is finalized; situations in which forfeitures should not be pursued; and best
2.2practices in pursuing forfeitures.
2.3    Subd. 2. Local policies required. The county attorney in each county shall adopt
2.4a written policy on controlled substance forfeitures for attorneys within the office.
2.5The policy must be identical or substantially similar to the model policy described in
2.6subdivision 1.
2.7    Subd. 3. Report to legislature. By February 1, 2011, the Minnesota County
2.8Attorneys Association and each county attorney shall adopt the policies required in
2.9this section and the association shall forward an electronic copy of the model policy
2.10to the chairs and ranking minority members of the senate and house of representatives
2.11committees having jurisdiction over criminal justice and civil law policy.
2.12EXPIRATION.Subdivision 3 expires on July 1, 2011.

2.13    Sec. 7. Minnesota Statutes 2008, section 491A.01, subdivision 3, is amended to read:
2.14    Subd. 3. Jurisdiction; general. (a) Except as provided in subdivisions 4 and 5,
2.15the conciliation court has jurisdiction to hear, conciliate, try, and determine civil claims if
2.16the amount of money or property that is the subject matter of the claim does not exceed:
2.17$6,000 or, on and after July 1, 1994, (1) $7,500, or; (2) $4,000, if the claim involves a
2.18consumer credit transaction; or (3) $15,000, if the claim involves property subject to
2.19forfeiture under section 609.5311. "Consumer credit transaction" means a sale of personal
2.20property, or a loan arranged to facilitate the purchase of personal property, in which:
2.21(1) credit is granted by a seller or a lender who regularly engages as a seller or
2.22lender in credit transactions of the same kind;
2.23(2) the buyer is a natural person;
2.24(3) the claimant is the seller or lender in the transaction; and
2.25(4) the personal property is purchased primarily for a personal, family, or household
2.26purpose and not for a commercial, agricultural, or business purpose.
2.27(b) Except as otherwise provided in this subdivision and subdivisions 5 to 10, the
2.28territorial jurisdiction of conciliation court is coextensive with the county in which the
2.29court is established. The summons in a conciliation court action under subdivisions 6 to
2.3010 may be served anywhere in the state, and the summons in a conciliation court action
2.31under subdivision 7, paragraph (b), may be served outside the state in the manner provided
2.32by law. The court administrator shall serve the summons in a conciliation court action
2.33by first class mail, except that if the amount of money or property that is the subject of
2.34the claim exceeds $2,500, the summons must be served by the plaintiff by certified mail,
2.35and service on nonresident defendants must be made in accordance with applicable law
3.1or rule. Subpoenas to secure the attendance of nonparty witnesses and the production of
3.2documents at trial may be served anywhere within the state in the manner provided by law.
3.3When a court administrator is required to summon the defendant by certified mail
3.4under this paragraph, the summons may be made by personal service in the manner
3.5provided in the Rules of Civil Procedure for personal service of a summons of the district
3.6court as an alternative to service by certified mail.

3.7    Sec. 8. Minnesota Statutes 2008, section 609.531, subdivision 1a, is amended to read:
3.8    Subd. 1a. Construction. (a) The purpose of sections 609.531 to 609.5318 must
3.9be liberally construed to carry out the following remedial purposes: is to deter criminal
3.10activity. Property is subject to forfeiture only when courts determine that forfeiture is
3.11necessary and proportional to fulfilling that purpose.
3.12(b) Courts shall strictly construe this section and resolve any doubt in its applicability
3.13in favor of the party challenging the forfeiture.
3.14(1) to enforce the law;
3.15(2) to deter crime;
3.16(3) to reduce the economic incentive to engage in criminal enterprise;
3.17(4) to increase the pecuniary loss resulting from the detection of criminal activity;
3.18and
3.19(5) to forfeit property unlawfully used or acquired and divert the property to law
3.20enforcement purposes.

3.21    Sec. 9. Minnesota Statutes 2008, section 609.531, subdivision 5, is amended to read:
3.22    Subd. 5. Right to possession vests immediately; custody of seized property.
3.23All right, title, and interest in property subject to forfeiture under sections 609.531 to
3.24609.5318 vests in the appropriate agency upon commission of the act or omission giving
3.25rise to the forfeiture. Any property seized under sections 609.531 to 609.5318 is not
3.26subject to replevin, but is deemed to be in the custody of the appropriate agency subject to
3.27the orders and decrees of the court having jurisdiction over the forfeiture proceedings.
3.28When property is so seized, the appropriate agency shall use reasonable diligence to
3.29secure the property and prevent waste and may do any of the following:
3.30(1) place the property under seal;
3.31(2) remove the property to a place designated by it; and
3.32(3) in the case of controlled substances, require the state Board of Pharmacy to
3.33take custody of the property and remove it to an appropriate location for disposition in
3.34accordance with law; and.
4.1(4) take other steps reasonable and necessary to secure the property and prevent
4.2waste.

4.3    Sec. 10. Minnesota Statutes 2008, section 609.531, subdivision 5a, is amended to read:
4.4    Subd. 5a. Bond by owner for possession. (a) If the owner of property that has been
4.5seized under sections 609.531 to 609.5318 seeks possession of the property before the
4.6forfeiture action is determined, the owner may, subject to the approval of the appropriate
4.7agency, give security or post bond payable to the appropriate agency in an amount equal to
4.8the retail value of the seized property. On posting the security or bond, the seized property
4.9must be returned to the owner and the forfeiture action shall proceed against the security
4.10as if it were the seized property. This subdivision does not apply to contraband property.
4.11(b) If the owner of a motor vehicle that has been seized under this section seeks
4.12possession of the vehicle before the forfeiture action is determined, the owner may
4.13surrender the vehicle's certificate of title in exchange for the vehicle. The motor vehicle
4.14must be returned to the owner within 24 hours if the owner surrenders the motor vehicle's
4.15certificate of title to the appropriate agency, pending resolution of the forfeiture action. If
4.16the certificate is surrendered, the owner may not be ordered to post security or bond as a
4.17condition of release of the vehicle. When a certificate of title is surrendered under this
4.18provision, the agency shall notify the Department of Public Safety and any secured party
4.19noted on the certificate. The agency shall also notify the department and the secured party
4.20when it returns a surrendered title to the motor vehicle owner.

4.21    Sec. 11. Minnesota Statutes 2008, section 609.531, subdivision 6a, is amended to read:
4.22    Subd. 6a. Forfeiture a civil procedure; conviction results in presumption. (a) An
4.23action for forfeiture is a civil in rem action and is independent of any criminal prosecution,
4.24except as provided in this subdivision and section 609.5318. The appropriate agency
4.25handling the forfeiture has the benefit of the evidentiary presumption of section 609.5314,
4.26subdivision 1 , but otherwise bears the burden of proving the act or omission giving rise to
4.27the forfeiture by clear and convincing evidence, except that in cases arising under section
4.28609.5312 , the designated offense may only be established by a criminal conviction.
4.29(b) A court may not issue an order of forfeiture under section 609.5311 while the
4.30alleged owner of the property is in custody and related criminal proceedings are pending
4.31against the alleged owner. For forfeiture of a motor vehicle, the alleged owner is the
4.32registered owner according to records of the Department of Public Safety. For real
4.33property, the alleged owner is the owner of record. For other property, the alleged owner is
4.34the person notified by the prosecuting authority in filing the forfeiture action.

5.1    Sec. 12. Minnesota Statutes 2008, section 609.531, is amended by adding a subdivision
5.2to read:
5.3    Subd. 7. Release of property before final determination. Any person with
5.4an interest in property that has been seized for forfeiture under this section may file an
5.5application to have an order to show cause issued to the prosecuting agency to determine
5.6if probable cause existed to seize the property for forfeiture.
5.7When a hearing is held on the show cause order, the court shall determine if
5.8probable cause to seize the property for forfeiture existed. If the court finds that probable
5.9cause for seizure of the property for forfeiture did not exist, the appropriate agency shall
5.10release the property.

5.11    Sec. 13. Minnesota Statutes 2008, section 609.5311, subdivision 3, is amended to read:
5.12    Subd. 3. Limitations on forfeiture of certain property associated with controlled
5.13substances. (a) A conveyance device is subject to forfeiture under this section only if the
5.14retail value of the controlled substance is $25 $100 or more and the conveyance device is
5.15associated with a felony-level controlled substance crime.
5.16(b) Real property is subject to forfeiture under this section only if the retail value of
5.17the controlled substance or contraband is $1,000 $4,000 or more.
5.18(c) Property used by any person as a common carrier in the transaction of business
5.19as a common carrier is subject to forfeiture under this section only if the owner of the
5.20property is a consenting party to, or is privy to, the use or intended use of the property as
5.21described in subdivision 2.
5.22(d) Property is subject to forfeiture under this section only if its owner was privy to
5.23the use or intended use described in subdivision 2, or the unlawful use or intended use of
5.24the property otherwise occurred with the owner's knowledge or consent.
5.25(e) Forfeiture under this section of a conveyance device or real property encumbered
5.26by a bona fide security interest is subject to the interest of the secured party unless the
5.27secured party had knowledge of or consented to the act or omission upon which the
5.28forfeiture is based. A person claiming a security interest bears the burden of establishing
5.29that interest by clear and convincing evidence.
5.30(f) Forfeiture under this section of real property is subject to the interests of a good
5.31faith purchaser for value unless the purchaser had knowledge of or consented to the act or
5.32omission upon which the forfeiture is based.
5.33(g) Notwithstanding paragraphs (d), (e), and (f), property is not subject to forfeiture
5.34based solely on the owner's or secured party's knowledge of the unlawful use or intended
5.35use of the property if: (1) the owner or secured party took reasonable steps to terminate
6.1use of the property by the offender; or (2) the property is real property owned by the
6.2parent of the offender, unless the parent actively participated in, or knowingly acquiesced
6.3to, a violation of chapter 152, or the real property constitutes proceeds derived from or
6.4traceable to a use described in subdivision 2.
6.5(h) The Department of Corrections Fugitive Apprehension Unit shall not seize
6.6a conveyance device or real property, for the purposes of forfeiture under paragraphs
6.7(a) to (g).
6.8(i) Property is not subject to forfeiture under this section if the forfeiture would
6.9create an undue hardship for members of the owner's immediate family.

6.10    Sec. 14. Minnesota Statutes 2008, section 609.5313, is amended to read:
6.11609.5313 FORFEITURE BY JUDICIAL ACTION; PROCEDURE.
6.12(a) The forfeiture of property under sections 609.5311 and 609.5312 is governed
6.13by this section. A separate complaint must be filed against the property stating the act,
6.14omission, or occurrence giving rise to the forfeiture and the date and place of the act or
6.15occurrence. The county attorney shall notify the owner or possessor of the property of the
6.16action, if known or readily ascertainable. The action must be captioned in the name of the
6.17county attorney or the county attorney's designee as plaintiff and the property as defendant.
6.18(b) The county attorney shall file an action for forfeiture under section 609.5311 in
6.19conciliation court if the value of the seized property is $15,000 or less. No court fees may
6.20be charged to the county attorney or the claimant in the matter.

6.21    Sec. 15. Minnesota Statutes 2008, section 609.5314, is amended to read:
6.22609.5314 ADMINISTRATIVE FORFEITURE OF CERTAIN PROPERTY
6.23SEIZED IN CONNECTION WITH A CONTROLLED SUBSTANCES SEIZURE.
6.24    Subdivision 1. Property subject to administrative forfeiture; presumption.
6.25(a) Subject to paragraph (b), the following are presumed to be subject to administrative
6.26forfeiture under this section:
6.27(1) all money, precious metals, and precious stones found in proximity to: controlled
6.28substances with a retail value of $100 or more if possession or sale of the controlled
6.29substance would be a felony under chapter 152;
6.30(2) all money, precious metals, and precious stones found in proximity to:
6.31(i) controlled substances;
6.32(ii) (i) forfeitable drug manufacturing or distributing equipment or devices; or
6.33(iii) (ii) forfeitable records of manufacture or distribution of controlled substances;
7.1(2) (3) all conveyance devices containing controlled substances with a retail value of
7.2$100 $400 or more if possession or sale of the controlled substance would be a felony
7.3under chapter 152; and
7.4(3) (4) all firearms, ammunition, and firearm accessories found:
7.5(i) in a conveyance device used or intended for use to commit or facilitate the
7.6commission of a felony offense involving a controlled substance;
7.7(ii) on or in proximity to a person from whom a felony amount of controlled
7.8substance is seized; or
7.9(iii) on the premises where a controlled substance is seized and in proximity to the
7.10controlled substance, if possession or sale of the controlled substance would be a felony
7.11under chapter 152.
7.12(b) The value of property forfeited under this section may not exceed $15,000.
7.13Forfeitures of property with values exceeding $15,000 are governed by section 609.5311.
7.14(c) The Department of Corrections Fugitive Apprehension Unit shall not seize items
7.15listed in paragraph (a), clauses (2) (3) and (3) (4), for the purposes of forfeiture.
7.16(c) A claimant of the property bears the burden to rebut this presumption.
7.17    Subd. 2. Administrative forfeiture procedure. (a) Forfeiture of property described
7.18in subdivision 1 is governed by this subdivision. When seizure occurs, or within a
7.19reasonable time 15 business days after that, all persons known to have an ownership,
7.20possessory, or security interest in seized property must be notified of the seizure and the
7.21intent to forfeit the property. In the case of a motor vehicle required to be registered under
7.22chapter 168, notice mailed by certified mail to the address shown in Department of Public
7.23Safety records is deemed sufficient notice to the registered owner. The notification to a
7.24person known to have a security interest in seized property required under this paragraph
7.25applies only to motor vehicles required to be registered under chapter 168 and only if the
7.26security interest is listed on the vehicle's title.
7.27(b) Notice may otherwise be given in the manner provided by law for service of a
7.28summons in a civil action. The notice must be in writing and contain:
7.29(1) a description of the property seized;
7.30(2) the date of seizure;
7.31(3) notice of the right to obtain judicial review of the forfeiture and of the procedure
7.32for obtaining that judicial review, printed in English, Hmong, Somali, and Spanish.
7.33Substantially the following language must appear conspicuously: "IF YOU DO NOT
7.34DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA
7.35STATUTES, SECTION 609.5314, SUBDIVISION 3, YOU LOSE THE RIGHT TO
7.36A JUDICIAL DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY
8.1RIGHT YOU MAY HAVE TO THE ABOVE DESCRIBED PROPERTY. YOU MAY
8.2NOT HAVE TO PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU
8.3ARE UNABLE TO AFFORD THE FEE. IF THE PROPERTY IS WORTH $7,500 OR
8.4LESS, YOU MAY FILE YOUR CLAIM IN CONCILIATION COURT. YOU DO NOT
8.5HAVE TO PAY THE CONCILIATION COURT FILING FEE IF THE PROPERTY IS
8.6WORTH LESS THAN $500." The notice must be worded in plain language that is likely
8.7to be understandable to persons with limited reading skills; and
8.8(4) a separate detachable form designed in a manner and with sufficient space to be
8.9easily used by the person to object to the forfeiture.
8.10    Subd. 3. Judicial determination Objection to forfeiture. (a) Within 60 days
8.11following service of a notice of seizure and forfeiture under this section, a claimant may
8.12file a demand for a judicial determination of an objection to the forfeiture. The objection
8.13must identify the claimant, describe the property, and state the grounds for the objection.
8.14The demand objection must be in the form of a civil complaint writing and must be filed
8.15with made to the court administrator in the county in which the seizure occurred, together
8.16with proof of service of a copy of the complaint on the county attorney for that county, and
8.17the standard filing fee for civil actions unless the petitioner has the right to sue in forma
8.18pauperis under section 563.01. If the value of the seized property is $7,500 or less, the
8.19claimant may file an action in conciliation court for recovery of the seized property. If
8.20the value of the seized property is less than $500, the claimant does not have to pay the
8.21conciliation court filing fee. No responsive pleading is required of the county attorney
8.22and no court fees may be charged for the county attorney's appearance in the matter. The
8.23proceedings are governed by the Rules of Civil Procedure. The clamant may, but is not
8.24required to, use the detachable form described in subdivision 2, paragraph (b), clause (4).
8.25A court administrator who receives an objection under this paragraph shall forward a
8.26copy of it to the county attorney.
8.27(b) The complaint must be captioned in the name of the claimant as plaintiff and
8.28the seized property as defendant, and must state with specificity the grounds on which
8.29the claimant alleges the property was improperly seized and the plaintiff's interest in the
8.30property seized. Notwithstanding any law to the contrary, an action for the return of
8.31property seized under this section may not be maintained by or on behalf of any person
8.32who has been served with a notice of seizure and forfeiture unless the person has complied
8.33with this subdivision.
8.34(c) If the claimant makes a timely demand for judicial determination objection to
8.35forfeiture under this subdivision, the appropriate agency must conduct the forfeiture
8.36under section 609.531, subdivision 6a county attorney, after reviewing the case, may
9.1pursue a judicial forfeiture under section 609.5311. The limitations and defenses set forth
9.2in section 609.5311, subdivision 3, apply to the judicial determination. If the county
9.3attorney does not initiate a forfeiture under section 609.5311 within 60 days of the date the
9.4claimant's written objection to the forfeiture is made to the court, the appropriate agency
9.5shall return the seized property.
9.6(d) If a demand for judicial determination of an administrative an objection to
9.7forfeiture is filed under this subdivision and the court orders the return of the seized
9.8property, the court shall order that filing fees be reimbursed to the person who filed the
9.9demand. In addition, the court may order sanctions under section 549.211. If the court
9.10orders payment of these costs, they must be paid from forfeited money or proceeds from
9.11the sale of forfeited property from the appropriate law enforcement and prosecuting
9.12agencies in the same proportion as they would be distributed under section 609.5315,
9.13subdivision 5 .

9.14    Sec. 16. Minnesota Statutes 2008, section 609.5315, subdivision 5, is amended to read:
9.15    Subd. 5. Distribution of money. The money or proceeds from the sale of forfeited
9.16property, after payment of seizure, storage, forfeiture, and sale expenses, and satisfaction
9.17of valid liens against the property, must be distributed as follows:
9.18(1) 70 60 percent of the money or proceeds must be forwarded to the appropriate
9.19agency for deposit as a supplement to the agency's operating fund or similar fund for
9.20use in law enforcement;
9.21(2) 20 30 percent of the money or proceeds must be forwarded to the county attorney
9.22or other prosecuting agency that handled the forfeiture for deposit as a supplement to its
9.23operating fund or similar fund for prosecutorial purposes; and
9.24(3) five percent of the money or proceeds must be forwarded to the Department of
9.25Public Safety to establish a grant program for local law enforcement agencies to purchase
9.26or replace in-car camera systems. Up to 2.5 percent of this money may be used by the
9.27department to administer the program; and
9.28(4) the remaining ten five percent of the money or proceeds must be forwarded
9.29within 60 days after resolution of the forfeiture to the state treasury and credited to the
9.30general fund. Any local police relief association organized under chapter 423 which
9.31received or was entitled to receive the proceeds of any sale made under this section before
9.32the effective date of Laws 1988, chapter 665, sections 1 to 17, shall continue to receive
9.33and retain the proceeds of these sales.

9.34    Sec. 17. Minnesota Statutes 2008, section 609.5315, subdivision 6, is amended to read:
10.1    Subd. 6. Reporting requirement. (a) For each forfeiture occurring in the state
10.2regardless of the authority for it, the appropriate agency and the prosecutor shall provide
10.3a written record of each the forfeiture incident to the state auditor. The record shall
10.4include the amount forfeited, the statutory authority for the forfeiture, its date, and a brief
10.5description of the circumstances involved, and whether the forfeiture was contested. For
10.6controlled substance and driving while impaired forfeitures, the record shall indicate
10.7whether the forfeiture was initiated as an administrative or a judicial forfeiture. The
10.8record shall also list the number of firearms forfeited and the make, model, and serial
10.9number of each firearm forfeited. The record shall indicate how the property was or is
10.10to be disposed of.
10.11(b) An appropriate agency and the prosecutor shall report to the state auditor all
10.12instances in which property seized for forfeiture is returned to its owner either because
10.13forfeiture is not pursued or for any other reason.
10.14(c) The state auditor may require information not specified in this subdivision to
10.15be reported as well.
10.16(d) Reports shall be made on a monthly basis in a manner prescribed by the state
10.17auditor. The state auditor shall report annually to the legislature on the nature and extent
10.18of forfeitures.
10.19(e) For forfeitures resulting from the activities of multijurisdictional law enforcement
10.20entities, the entity on its own behalf shall report the information required in this
10.21subdivision.

10.22    Sec. 18. Minnesota Statutes 2008, section 609.5315, is amended by adding a
10.23subdivision to read:
10.24    Subd. 8. Sales of forfeited property. (a) Sales of forfeited property under this
10.25section must be conducted in a commercially reasonable manner.
10.26(b) Employees of law enforcement agencies and their family members may not
10.27purchase forfeited items directly from the appropriate agency.

10.28    Sec. 19. Minnesota Statutes 2008, section 609.5318, subdivision 3, is amended to read:
10.29    Subd. 3. Hearing. (a) Within 60 days following service of a notice of seizure and
10.30forfeiture, a claimant may demand a judicial determination of the forfeiture. If a related
10.31criminal proceeding is pending, the 60-day period begins to run at the conclusion of
10.32those proceedings. The demand must be in the form of a civil complaint an objection to
10.33forfeiture as provided in section 609.5314, subdivision 3, except as otherwise provided
10.34in this section.
11.1(b) If the claimant makes a timely demand for judicial determination under this
11.2subdivision, the appropriate agency must conduct the forfeiture under subdivision 4.

11.3    Sec. 20. Minnesota Statutes 2008, section 609.762, is amended by adding a subdivision
11.4to read:
11.5    Subd. 6. Reporting. The law enforcement and prosecuting agencies shall report on
11.6forfeitures occurring under this section as described in section 609.5315, subdivision 6.

11.7    Sec. 21. Minnesota Statutes 2008, section 609.905, is amended by adding a subdivision
11.8to read:
11.9    Subd. 3. Reporting. The prosecuting authority shall report on forfeitures occurring
11.10under this section as described in section 609.5315, subdivision 6.

11.11    Sec. 22. [626.8475] CONTROLLED SUBSTANCE FORFEITURE POLICIES.
11.12    Subdivision 1. Statewide model policy required. The Peace Officer Standards
11.13and Training Board, after consulting with the Minnesota County Attorneys Association,
11.14the Minnesota Sheriffs Association, the Minnesota Chiefs of Police Association, and
11.15the Minnesota Police and Peace Officers Association, shall develop a model policy
11.16on controlled substance forfeitures designed to encourage the uniform application of
11.17these laws across the state. At a minimum, the policy shall address the following: the
11.18level of cooperation with and involvement of prosecutors in forfeiture cases, including
11.19reviewing administrative forfeiture cases before the forfeiture is finalized; situations in
11.20which forfeitures should not be pursued; disposition of forfeited items; and best practices
11.21in pursuing forfeitures.
11.22    Subd. 2. Local policies required. The chief law enforcement officer of every
11.23state and local law enforcement agency shall adopt and implement a written policy on
11.24controlled substance forfeitures that is identical or substantially similar to the model
11.25policy described in subdivision 1.
11.26    Subd. 3. Report to legislature. By February 1, 2011, the Peace Officer Standards
11.27and Training Board and each chief law enforcement officer shall adopt the policies
11.28required in this section and the board shall forward an electronic copy of the model policy
11.29to the chairs and ranking minority members of the senate and house of representatives
11.30committees having jurisdiction over criminal justice and civil law policy. This subdivision
11.31expires on July 1, 2011.

12.1    Sec. 23. DEVELOPMENT OF CONTROLLED SUBSTANCE
12.2ADMINISTRATIVE FORFEITURE NOTICE LANGUAGE.
12.3The commissioner of public safety and the executive director of the Peace Officer
12.4Standards and Training Board, in consultation with the Minnesota County Attorneys
12.5Association, shall develop the notice described in Minnesota Statutes, section 609.5314,
12.6subdivision 2, paragraph (b), clause (3). By November 1, 2010, the commissioner and
12.7executive director shall forward the language of the notice to the chief law enforcement
12.8officer of each state and local law enforcement agency. Each chief law enforcement officer
12.9shall ensure that the notice is used for controlled substance administrative forfeitures
12.10taking place within the jurisdiction on and after November 1, 2010."
12.11Delete the title and insert:
12.13relating to public safety; making numerous changes to the controlled substance
12.14forfeiture law; expanding the reporting requirements related to forfeiture;
12.15requiring model policies on forfeiture; addressing the disposition of forfeiture
12.16proceeds; providing for a probable cause determination for certain forfeitures;
12.17amending Minnesota Statutes 2008, sections 97A.221, by adding a subdivision;
12.1897A.223, by adding a subdivision; 97A.225, by adding a subdivision; 169A.63,
12.19by adding a subdivision; 491A.01, subdivision 3; 609.531, subdivisions 1a, 5,
12.205a, 6a, by adding a subdivision; 609.5311, subdivision 3; 609.5313; 609.5314;
12.21609.5315, subdivisions 5, 6, by adding a subdivision; 609.5318, subdivision 3;
12.22609.762, by adding a subdivision; 609.905, by adding a subdivision; Minnesota
12.23Statutes 2009 Supplement, section 84.7741, by adding a subdivision; proposing
12.24coding for new law in Minnesota Statutes, chapters 388; 626."