1.1    .................... moves to amend H. F. No. 499 as follows:
1.2Page 1, after line 5, insert:

1.3    "Section 1. Minnesota Statutes 2006, section 169A.70, subdivision 4, is amended to
1.4read:
1.5    Subd. 4. Assessor standards; rules; assessment time limits. A chemical use
1.6assessment required by this section must be conducted by an assessor appointed by the
1.7court. The assessor must meet the training and qualification requirements of rules adopted
1.8by the commissioner of human services under section 254A.03, subdivision 3 (chemical
1.9dependency treatment rules). Notwithstanding section 13.82 (law enforcement data), the
1.10assessor shall have access to any police reports, laboratory test results, and other law
1.11enforcement data relating to the current offense or previous offenses that are necessary
1.12to complete the evaluation. An assessor providing an assessment under this section may
1.13not have any direct or shared financial interest or referral relationship resulting in shared
1.14financial gain with a treatment provider, except as authorized under section 254A.20,
1.15subdivision 3. If an independent assessor is not available, the court may use the services
1.16of an assessor authorized to perform assessments for the county social services agency
1.17under a variance granted under rules adopted by the commissioner of human services
1.18under section 254A.03, subdivision 3. An appointment for the defendant to undergo the
1.19assessment must be made by the court, a court services probation officer, or the court
1.20administrator as soon as possible but in no case more than one week after the defendant's
1.21court appearance. The assessment must be completed no later than three weeks after the
1.22defendant's court appearance. If the assessment is not performed within this time limit, the
1.23county where the defendant is to be sentenced shall perform the assessment. The county
1.24of financial responsibility must be determined under chapter 256G.
1.25EFFECTIVE DATE.This section is effective the day following final enactment."
1.26Page 1, line 6, delete "1" and insert "2"
2.1Page 2, line 5, delete "or"
2.2Page 2, line 12, delete the period and insert "; or"
2.3Page 2, after line 12, insert:
2.4    "(3) the county social service agency has an existing relationship with an assessor
2.5or service provider and elects to enter into a contract with that assessor to provide both
2.6assessment and treatment under circumstances specified in the county's contract, provided
2.7the county retains responsibility for making placement decisions."
2.8Page 2, line 15, delete "2" and insert "3"
2.9Page 2, after line 32, insert:

2.10    "Sec. 4. Minnesota Statutes 2006, section 609.115, subdivision 8, is amended to read:
2.11    Subd. 8. Chemical use assessment required. (a) If a person is convicted of a
2.12felony, the probation officer shall determine in the report prepared under subdivision 1
2.13whether or not alcohol or drug use was a contributing factor to the commission of the
2.14offense. If so, the report shall contain the results of a chemical use assessment conducted
2.15in accordance with this subdivision. The probation officer shall make an appointment for
2.16the defendant to undergo the chemical use assessment if so indicated.
2.17    (b) The chemical use assessment report must include a recommended level of
2.18care for the defendant in accordance with the criteria contained in rules adopted by the
2.19commissioner of human services under section 254A.03, subdivision 3. The assessment
2.20must be conducted by an assessor qualified under rules adopted by the commissioner of
2.21human services under section 254A.03, subdivision 3. An assessor providing a chemical
2.22use assessment may not have any direct or shared financial interest or referral relationship
2.23resulting in shared financial gain with a treatment provider, except as authorized under
2.24section 254A.20, subdivision 3. If an independent assessor is not available, the probation
2.25officer may use the services of an assessor authorized to perform assessments for the
2.26county social services agency under a variance granted under rules adopted by the
2.27commissioner of human services under section 254A.03, subdivision 3.
2.28EFFECTIVE DATE.This section is effective the day following final enactment."
2.29Page 2, line 33, delete "3" and insert "5"
2.30Page 3, line 6, delete "4" and insert "6"
2.31Page 3, after line 10, insert:

2.32    "Sec. 7. ASSESSORS; RULEMAKING.
2.33    The commissioner of human services shall amend Minnesota Rules, part 9530.6610,
2.34subparts 3 and 4, to allow a qualified assessor under Minnesota Statutes, section 254A.20,
2.35to perform chemical use assessment. The commissioner may use the good cause
3.1exemption under Minnesota Statutes, section 14.388, subdivision 1, clause (3), to adopt
3.2the rule and Minnesota Statutes, section 14.386, does not apply, except as provided under
3.3Minnesota Statutes, section 14.388.
3.4EFFECTIVE DATE.This section is effective the day after final enactment."