SF 2380

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/06/2024 04:16pm

A bill for an act
relating to corrections; providing for a supervision standards committee; modifying
probation, supervised release, and community corrections; providing for
rulemaking; requiring reports; appropriating money; amending Minnesota Statutes
2022, sections 243.05, subdivision 1; 244.05, subdivision 3; 244.19, subdivisions
1, 5; 244.195, subdivisions 1, 2, by adding subdivisions; 244.20; 244.21; 401.01;
401.02; 401.025, subdivision 1; 401.06; 401.09; 401.10; 401.11; 401.14, subdivision
3; 401.16; 609.14, subdivision 1, by adding a subdivision; proposing coding for
new law in Minnesota Statutes, chapter 401; repealing Minnesota Statutes 2022,
sections 244.18; 244.19, subdivisions 6, 7, 8; 244.22; 244.24; 244.30.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 243.05, subdivision 1, is amended to read:

Subdivision 1.

Conditional release.

(a) The commissioner of corrections may parole
any person sentenced to confinement in any state correctional facility for adults under the
control of the commissioner of corrections, provided that:

(1) no inmate serving a life sentence for committing murder before May 1, 1980, other
than murder committed in violation of clause (1) of section 609.185 who has not been
previously convicted of a felony shall be paroled without having served 20 years, less the
diminution that would have been allowed for good conduct had the sentence been for 20
years;

(2) no inmate serving a life sentence for committing murder before May 1, 1980, who
has been previously convicted of a felony or though not previously convicted of a felony
is serving a life sentence for murder in the first degree committed in violation of clause (1)
of section 609.185 shall be paroled without having served 25 years, less the diminution
which would have been allowed for good conduct had the sentence been for 25 years;

(3) any inmate sentenced prior to September 1, 1963, who would be eligible for parole
had the inmate been sentenced after September 1, 1963, shall be eligible for parole; and

(4) any new rule or policy or change of rule or policy adopted by the commissioner of
corrections which has the effect of postponing eligibility for parole has prospective effect
only and applies only with respect to persons committing offenses after the effective date
of the new rule or policy or change.

(b) Upon being paroled and released, an inmate is and remains in the legal custody and
under the control of the commissioner, subject at any time to be returned to a facility of the
Department of Corrections established by law for the confinement or treatment of convicted
persons and the parole rescinded by the commissioner.

(c) The written order of the commissioner of corrections, is sufficient authority for any
peace officer, state correctional investigator, or state parole and probation agent to retake
and place in actual custody any person on parole or supervised release. In addition, when
it appears necessary in order to prevent escape or enforce discipline, any state parole and
probation agent or state correctional investigator may, without order of warrant, take and
detain a parolee or person on supervised release or work release and bring the person to the
commissioner for action.

(d) The written order of the commissioner of corrections is sufficient authority for any
peace officer, state correctional investigator, or state parole and probation agent to retake
and place in actual custody any person on probation under the supervision of the
commissioner pursuant to section 609.135. Additionally, when it appears necessary in order
to prevent escape or enforce discipline, any state parole and probation agent or state
correctional investigator may, without an order, retake and detain a probationer and bring
the probationer before the court for further proceedings under section 609.14.

(e) The written order of the commissioner of corrections is sufficient authority for any
peace officer, state correctional investigator, or state parole and probation agent to detain
any person on pretrial release who absconds from pretrial release or fails to abide by the
conditions of pretrial release.

(f) Persons conditionally released, and those on probation under the supervision of the
commissioner of corrections pursuant to section 609.135 may be placed within or outside
the boundaries of the state at the discretion of the commissioner of corrections or the court,
and the limits fixed for these persons may be enlarged or reduced according to their conduct.

(g) Except as otherwise provided in subdivision 1b, in considering applications for
conditional release or discharge, the commissioner is not required to hear oral argument
from any attorney or other person not connected with an adult correctional facility of the
Department of Corrections in favor of or against the parole or release of any inmates. The
commissioner may institute inquiries by correspondence, taking testimony, or otherwise,
as to the previous history, physical or mental condition, and character of the inmate and, to
that end, has the authority to require the attendance of the chief executive officer of any
state adult correctional facility and the production of the records of these facilities, and to
compel the attendance of witnesses. The commissioner is authorized to administer oaths to
witnesses for these purposes.

deleted text begin (h) Unless the district court directs otherwise, state parole and probation agents may
require a person who is under the supervision of the commissioner of corrections to perform
community work service for violating a condition of probation imposed by the court.
Community work service may be imposed for the purpose of protecting the public, to aid
the offender's rehabilitation, or both. Agents may impose up to eight hours of community
work service for each violation and up to a total of 24 hours per offender per 12-month
period, beginning with the date on which community work service is first imposed. The
commissioner may authorize an additional 40 hours of community work services, for a total
of 64 hours per offender per 12-month period, beginning with the date on which community
work service is first imposed. At the time community work service is imposed, parole and
probation agents are required to provide written notice to the offender that states:
deleted text end

deleted text begin (1) the condition of probation that has been violated;
deleted text end

deleted text begin (2) the number of hours of community work service imposed for the violation; and
deleted text end

deleted text begin (3) the total number of hours of community work service imposed to date in the 12-month
period.
deleted text end

deleted text begin An offender may challenge the imposition of community work service by filing a petition
in district court. An offender must file the petition within five days of receiving written
notice that community work service is being imposed. If the offender challenges the
imposition of community work service, the state bears the burden of showing, by a
preponderance of the evidence, that the imposition of community work service is reasonable
under the circumstances.
deleted text end

deleted text begin Community work service includes sentencing to service.
deleted text end

deleted text begin (i) Prior to revoking a nonviolent controlled substance offender's parole or probation
based on a technical violation, when the offender does not present a risk to the public and
the offender is amenable to continued supervision in the community, a parole or probation
agent must identify community options to address and correct the violation including, but
not limited to, inpatient substance use disorder treatment. If a probation or parole agent
determines that community options are appropriate, the agent shall seek to restructure the
offender's terms of release to incorporate those options. If an offender on probation stipulates
deleted text end deleted text begin in writing to restructure the terms of release, a probation agent must forward a report to the
district court containing:
deleted text end

deleted text begin (1) the specific nature of the technical violation of probation;
deleted text end

deleted text begin (2) the recommended restructure to the terms of probation; and
deleted text end

deleted text begin (3) a copy of the offender's signed stipulation indicating that the offender consents to
the restructuring of probation.
deleted text end

deleted text begin The recommended restructuring of probation becomes effective when confirmed by a
judge. The order of the court shall be proof of such confirmation and amend the terms of
the sentence imposed by the court under section 609.135. If a nonviolent controlled substance
offender's parole or probation is revoked, the offender's agent must first attempt to place
the offender in a local jail. For purposes of this paragraph, "nonviolent controlled substance
offender" is a person who meets the criteria described under section 244.0513, subdivision
2, clauses (1), (2), and (5), and "technical violation" means any violation of a court order
of probation or a condition of parole, except an allegation of a subsequent criminal act that
is alleged in a formal complaint, citation, or petition.
deleted text end

Sec. 2.

Minnesota Statutes 2022, section 244.05, subdivision 3, is amended to read:

Subd. 3.

Sanctions for violation.

new text begin (a) new text end If an inmate violates the conditions of the inmate's
supervised release imposed by the commissioner, the commissioner may:

(1) continue the inmate's supervised release term deleted text begin , deleted text end with or without new text begin :
new text end

new text begin (i) new text end modifying or enlarging the conditions imposed on the inmate; or

new text begin (ii) transferring the inmate's case to a specialized caseload; or
new text end

(2) revoke the inmate's supervised release and reimprison the inmate for the appropriate
period deleted text begin of time deleted text end .

new text begin (b) Before revoking an inmate's supervised release because of a technical violation that
would result in reimprisonment, the commissioner must identify alternative interventions
to address and correct the violation only if:
new text end

new text begin (1) the inmate does not present a risk to the public; and
new text end

new text begin (2) the inmate is amenable to continued supervision.
new text end

new text begin (c) If alternative interventions are appropriate and available, the commissioner must
restructure the inmate's terms of release to incorporate the alternative interventions.
new text end

new text begin (d) new text end Prior to revoking a nonviolent controlled substance offender's supervised release
based on a technical violation, when the offender does not present a risk to the public and
the offender is amenable to continued supervision in the community, the commissioner
must identify community options to address and correct the violation including, but not
limited to, inpatient substance use disorder treatment. If the commissioner determines that
community options are appropriate, the commissioner shall restructure the inmate's terms
of release to incorporate those options. If a nonviolent controlled substance offender's
supervised release is revoked, the offender's agent must first attempt to place the offender
in a local jail. For purposes of this subdivision, "nonviolent controlled substance offender"
is a person who meets the criteria described under section 244.0513, subdivision 2, clauses
(1), (2), and (5), and "technical violation" means a violation of a condition of supervised
release, except an allegation of a subsequent criminal act that is alleged in a formal complaint,
citation, or petition.

new text begin (e) new text end The period of time for which a supervised release may be revoked may not exceed
the period of time remaining in the inmate's sentence, except that if a sex offender is
sentenced and conditionally released under Minnesota Statutes 2004, section 609.108,
subdivision 5, the period of time for which conditional release may be revoked may not
exceed the balance of the conditional release term.

Sec. 3.

Minnesota Statutes 2022, section 244.19, subdivision 1, is amended to read:

Subdivision 1.

Appointment; joint services; state services.

(a) If a county or group of
counties has established a human services board pursuant to chapter 402, the district court
may appoint one or more county probation officers as necessary to perform court services,
and the human services board shall appoint persons as necessary to provide correctional
services within the authority granted in chapter 402. In all counties of more than 200,000
population, which have not organized pursuant to chapter 402, the district court shall appoint
one or more persons of good character to serve as county probation officers during the
pleasure of the court. All other counties shall provide adult misdemeanant and juvenile
probation services to district courts in one of the following ways:

(1) the court, with the approval of the county boards, may appoint one or more salaried
county probation officers to serve during the pleasure of the court;

(2) when two or more counties offer probation services the district court through the
county boards may appoint common salaried county probation officers to serve in the several
counties;

(3) a county or a district court may request the commissioner of corrections to furnish
probation services in accordance with the provisions of this section, and the commissioner
of corrections shall furnish such services to any county or court that fails to provide its own
probation officer by one of the two procedures listed above;

(4) if a county or district court providing probation services under clause (1) or (2) asks
the commissioner of corrections or the legislative body for the state of Minnesota mandates
the commissioner of corrections to furnish probation services to the district court, the
probation officers and other employees displaced by the changeover shall be employed by
the commissioner of corrections. Years of service in the county probation department are
to be given full credit for future sick leave and vacation accrual purposes;

(5) deleted text begin all probation officers serving the juvenile courts on July 1, 1972, shall continue to
serve deleted text end new text begin if a county receiving probation services under clause (3) decides to provide the services
under clause (1) or (2), the probation officers and other employees displaced by the
changeover shall be employed by the county at no loss of salary. Years of service in the
state are to be given full credit for future sick leave and vacation accrual purposes new text end in the
county or counties they are now serving.

new text begin (b) A county or counties providing probation services under paragraph (a), clause (1)
or (2), is designated a "CPO county" for purposes of receiving a subsidy under chapter 401.
A county or counties receiving probation services under paragraph (a), clause (3), is not
eligible for a subsidy under chapter 401 and the commissioner of corrections is appropriated
the county's share of funding for the purpose of providing probation services and authority
to seek reimbursement from the county under subdivision 5.
new text end

new text begin (c) A county that requests the commissioner of corrections to provide probation services
under paragraph (a), clause (3), shall collaborate with the commissioner to develop a
comprehensive plan as described in section 401.06.
new text end

deleted text begin (b) deleted text end new text begin (d) new text end The commissioner of management and budget shall place employees transferred
to state service under paragraph (a), clause (4), in the proper classifications in the classified
service. Each employee is appointed without examination at no loss in salary or accrued
vacation or sick leave benefits, but no additional accrual of vacation or sick leave benefits
may occur until the employee's total accrued vacation or sick leave benefits fall below the
maximum permitted by the state for the employee's position. An employee appointed under
paragraph (a), clause (4), shall serve a probationary period of six months. After exhausting
labor contract remedies, a noncertified employee may appeal for a hearing within ten days
to the commissioner of management and budget, who may uphold the decision, extend the
probation period, or certify the employee. The decision of the commissioner of management
and budget is final. The state shall negotiate with the exclusive representative for the
bargaining unit to which the employees are transferred regarding their seniority. For purposes
of computing seniority among those employees transferring from one county unit only, a
transferred employee retains the same seniority position as the employee had within that
county's probation office.

Sec. 4.

Minnesota Statutes 2022, section 244.19, subdivision 5, is amended to read:

Subd. 5.

Compensation.

deleted text begin In counties of more than 200,000 population, a majority of the
judges of the district court may direct the payment of such salary to probation officers as
may be approved by the county board, and in addition thereto shall be reimbursed for all
deleted text end deleted text begin necessary expenses incurred in the performance of their official duties. deleted text end In all counties which
obtain probation services from the commissioner of corrections the commissioner shall, out
of appropriations provided therefor, pay probation officers the salary and all benefits fixed
by the state law or applicable bargaining unit and all necessary expenses, including secretarial
service, office equipment and supplies, postage, telephone and telegraph services, and travel
and subsistence. Each county receiving probation services from the commissioner of
corrections shall reimburse the department of corrections for the total cost and expenses of
such services as incurred by the commissioner of corrections new text begin , excluding the cost and expense
of services provided under the state's obligation in section 244.20 new text end . deleted text begin Total annual costs for
each county shall be that portion of the total costs and expenses for the services of one
probation officer represented by the ratio which the county's population bears to the total
population served by one officer. For the purposes of this section, the population of any
county shall be the most recent estimate made by the Department of Health. deleted text end At least every
six months the commissioner of corrections shall bill for the total cost and expenses incurred
by the commissioner on behalf of each county which has received probation services. The
commissioner of corrections shall notify each county of the cost and expenses and the county
shall pay to the commissioner the amount due for reimbursement. All such reimbursements
shall be deleted text begin deposited in the general fund deleted text end new text begin used to provide services for each county according
to their reimbursement amount new text end . Objections by a county to all allocation of such cost and
expenses shall be presented to and determined by the commissioner of corrections. Each
county providing probation services under this section is hereby authorized to use unexpended
funds and to levy additional taxes for this purpose.

The county commissioners of any county of not more than 200,000 population shall,
when requested to do so by the juvenile judge, provide probation officers with suitable
offices, and may provide equipment, and secretarial help needed to render the required
services.

Sec. 5.

Minnesota Statutes 2022, section 244.195, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) As used in this subdivision new text begin and sections 244.196 to
244.1995 new text end , the following terms have the meanings given them.

(b) "Commissioner" means the commissioner of corrections.

(c) "Conditional release" means parole, supervised release, conditional release as
authorized by section 609.3455, subdivision 6, 7, or 8; Minnesota Statutes 2004, section
609.108, subdivision 6; or Minnesota Statutes 2004, section 609.109, subdivision 7, work
release as authorized by sections 241.26, 244.065, and 631.425, probation, furlough, and
any other authorized temporary release from a correctional facility.

(d) "Court services director" means the director or designee of a county probation agency
that is not organized under new text begin section 244.19 or an agency organized under new text end chapter 401.

(e) "Detain" means to take into actual custody, including custody within a local
correctional facility.

(f) "Local correctional facility" has the meaning given in section 241.021, subdivision
1.

(g) new text begin "Probation agency" means the Department of Corrections field office or a probation
agency organized under section 244.19 or chapter 401.
new text end

new text begin (h) "Probation officer" means a court services director, county probation officer, or any
other community supervision officer employed by the commissioner or by a probation
agency organized under section 244.19 or chapter 401.
new text end

new text begin (i) new text end "Release" means to release from actual custody.

Sec. 6.

Minnesota Statutes 2022, section 244.195, subdivision 2, is amended to read:

Subd. 2.

Detention pending hearing.

When it appears necessary to enforce discipline
or to prevent a person on conditional release from escaping or absconding from supervision,
a court services director has the authority to issue a written order directing any peace officer
or any probation officer in the state serving the district and juvenile courts to detain and
bring the person before the court or the commissioner, whichever is appropriate, for
disposition. new text begin If the person on conditional release commits a violation described in section
609.14, subdivision 1a, paragraph (a), the court services director must have a reasonable
belief that the order is necessary to prevent the person from escaping or absconding from
supervision or that the continued presence of the person in the community presents a risk
to public safety before issuing a written order. new text end This written order is sufficient authority for
the peace officer or probation officer to detain the person for not more than 72 hours,
excluding Saturdays, Sundays, and holidays, pending a hearing before the court or the
commissioner.

Sec. 7.

Minnesota Statutes 2022, section 244.195, is amended by adding a subdivision to
read:

new text begin Subd. 6. new text end

new text begin Intermediate sanctions. new text end

new text begin (a) Unless the district court directs otherwise, a
probation officer may require a person committed to the officer's care by the court to perform
community work service for violating a condition of probation imposed by the court.
Community work service may be imposed for the purpose of protecting the public, aiding
the person's rehabilitation, or both. A probation officer may impose up to eight hours of
community work service for each violation and up to a total of 24 hours per person per
12-month period, beginning on the date on which community work service is first imposed.
The court services director or probation agency may authorize an additional 40 hours of
community work service, for a total of 64 hours per person per 12-month period, beginning
with the date on which community work service is first imposed. At the time community
work service is imposed, probation officers are required to provide written notice to the
person that states:
new text end

new text begin (1) the condition of probation that has been violated;
new text end

new text begin (2) the number of hours of community work service imposed for the violation; and
new text end

new text begin (3) the total number of hours of community work service imposed to date in the 12-month
period.
new text end

new text begin (b) A person on supervision may challenge the imposition of community work service
by filing a petition in district court within five days of receiving written notice that
community work service is being imposed. If the person challenges the imposition of
community work service, the state bears the burden of showing, by a preponderance of the
evidence, that the imposition of community work service is reasonable under the
circumstances.
new text end

new text begin (c) Community work service includes sentencing to service.
new text end

Sec. 8.

Minnesota Statutes 2022, section 244.195, is amended by adding a subdivision to
read:

new text begin Subd. 7. new text end

new text begin Contacts. new text end

new text begin Supervision contacts may be conducted over videoconference
technology in accordance with the probation agency's established policy.
new text end

Sec. 9.

Minnesota Statutes 2022, section 244.20, is amended to read:

244.20 PROBATION SUPERVISION.

Notwithstanding sections 244.19, subdivision 1, and 609.135, subdivision 1, the
Department of Corrections shall have exclusive responsibility for providing probation
services for adult felons in counties that do not take part in the Community Corrections Act.
deleted text begin In counties that do not take part in the Community Corrections Act, the responsibility for
providing probation services for individuals convicted of gross misdemeanor offenses shall
be discharged according to local judicial policy.
deleted text end

Sec. 10.

Minnesota Statutes 2022, section 244.21, is amended to read:

244.21 INFORMATION ON OFFENDERS UNDER SUPERVISION; REPORTS.

Subdivision 1.

Collection of information by probation service providers; report
required.

By January 1, 1998, probation service providers shall begin collecting and
maintaining information on offenders under supervision. The commissioner of corrections
shall specify the nature and extent of the information to be collected. By April 1 of every
year, each probation service provider shall report a summary of the information collected
to the commissioner new text begin as a condition of state subsidy funding under chapter 401 new text end .

Subd. 2.

Commissioner of corrections report.

By January 15, deleted text begin 1998 deleted text end new text begin 2024 new text end , the
commissioner of corrections shall report to the chairs of the deleted text begin senate crime prevention and
house of representatives judiciary deleted text end new text begin legislative new text end committees new text begin with jurisdiction over public safety
and finance new text end on recommended methods of coordinating the exchange of information collected
on offenders under subdivision 1: (1) between probation service providers; and (2) between
probation service providers and the Department of Corrections deleted text begin , without requiring service
providers to acquire uniform computer software deleted text end .

Sec. 11.

Minnesota Statutes 2022, section 401.01, is amended to read:

401.01 PURPOSE AND DEFINITION; ASSISTANCE deleted text begin GRANTS deleted text end new text begin SUBSIDIES new text end .

Subdivision 1.

deleted text begin Grants deleted text end new text begin Subsidies new text end .

For the purpose of more effectively protecting society
and to promote efficiency and economy in the delivery of correctional services, the
commissioner is authorized to deleted text begin make grants to assist deleted text end new text begin subsidize new text end counties in the development,
implementation, and operation of community-based corrections programs including
preventive or diversionary correctional programs, conditional release programs, community
corrections centers, and facilities for the detention or confinement, care and treatment of
persons convicted of crime or adjudicated delinquent. deleted text begin The commissioner may authorize the
use of a percentage of a grant for the operation of an emergency shelter or make a separate
grant for the rehabilitation of a facility owned by the grantee and used as a shelter to bring
the facility into compliance with state and local laws pertaining to health, fire, and safety,
and to provide security.
deleted text end

Subd. 2.

Definitions.

(a) For the purposes of sections 401.01 to 401.16, the following
terms have the meanings given them.

(b) "CCA county" means a county that participates in the Community Corrections Act.

(c) "Commissioner" means the commissioner of corrections or a designee.

(d) "Conditional release" means parole, supervised release, conditional release as
authorized by section 609.3455, subdivision 6, 7, or 8; Minnesota Statutes 2004, section
609.108, subdivision 6; or Minnesota Statutes 2004, section 609.109, subdivision 7, work
release as authorized by sections 241.26, 244.065, and 631.425, probation, furlough, and
any other authorized temporary release from a correctional facility.

(e) "County probation officer" means a probation officer appointed under section 244.19.

(f) new text begin "CPO county" means a county that participates in funding under this act by providing
local corrections service for all juveniles and individuals on probation for misdemeanors,
pursuant to section 244.19, subdivision 1, paragraph (a), clause (1) or (2).
new text end

new text begin (g) new text end "Detain" means to take into actual custody, including custody within a local
correctional facility.

deleted text begin (g) deleted text end new text begin (h) new text end "Joint board" means the board provided in section 471.59.

deleted text begin (h) deleted text end new text begin (i) new text end "Local correctional facility" has the meaning given in section 241.021, subdivision
1.

deleted text begin (i) deleted text end new text begin (j) new text end "Local correctional service" means those services authorized by and employees,
officers, and agents appointed under section 244.19, subdivision 1.

deleted text begin (j) deleted text end new text begin (k) new text end "Release" means to release from actual custody.

new text begin (l) "Tribal government" means one of the federally recognized Tribes described in section
3.922.
new text end

Sec. 12.

Minnesota Statutes 2022, section 401.02, is amended to read:

401.02 COUNTIES OR REGIONS; SERVICES INCLUDABLE.

Subdivision 1.

Qualification of counties new text begin or Tribal governments new text end .

(a) One or more
counties deleted text begin , having an aggregate population of 30,000 or more persons, deleted text end new text begin or Tribal governments new text end
may qualify for a deleted text begin grant as provided in deleted text end new text begin subsidy under new text end section 401.01 by deleted text begin the enactment of
appropriate resolutions creating and establishing a corrections advisory board, deleted text end designating
the officer or agency to be responsible for administering deleted text begin grant funds deleted text end new text begin subsidies new text end , and providing
for the preparation of a comprehensive plan for the development, implementation and
operation of the correctional services described in deleted text begin section deleted text end new text begin sections new text end 401.01 new text begin and 401.11 new text end ,
including the assumption of those correctional services, other than the operation of state
facilities, presently provided in such counties by the Department of Corrections, and
providing for centralized administration and control of those correctional services described
in section 401.01. new text begin Counties participating as a CCA county must also enact the appropriate
resolutions creating and establishing a corrections advisory board.
new text end

Where counties new text begin or Tribal governments new text end combine as authorized in this section, they shall
comply with the provisions of section 471.59.

(b) A county that has participated in the Community Corrections Act for five or more
years is eligible to continue to participate in the Community Corrections Act.

new text begin (c) If a county or Tribal government withdraws from the subsidy program as outlined
in subdivision 1 and asks the commissioner of corrections or the legislature mandates the
commissioner of corrections to furnish probation services to the county, the probation
officers and other employees displaced by the changeover shall be employed by the
commissioner of corrections at no loss of salary. Years of service in the county probation
department are to be given full credit for future sick leave and vacation accrual purposes.
new text end

Subd. 2.

Planning counties; advisory board members expenses.

To assist counties
which have complied with the provisions of subdivision 1 and require financial aid to defray
all or a part of the expenses incurred by corrections advisory board members in discharging
their official duties pursuant to section 401.08, the commissioner may designate counties
as "planning counties", and, upon receipt of resolutions by the governing boards of the
counties certifying the need for and inability to pay the expenses described in this subdivision,
advance to the counties an amount not to exceed five percent of the maximum quarterly
subsidy for which the counties are eligible. The expenses described in this subdivision shall
be paid in the same manner and amount as for state employees.

Subd. 3.

Establishment and reorganization of administrative structure.

Any county
or group of counties which have qualified for participation in the deleted text begin community corrections deleted text end
subsidy program provided by this chapter may establish, organize, and reorganize an
administrative structure and provide for the budgeting, staffing, and operation of court
services and probation, construction or improvement to juvenile detention and juvenile
correctional facilities and adult detention and correctional facilities, and other activities
required to conform to the purposes of this chapter. No contrary general or special statute
divests any county or group of counties of the authority granted by this subdivision.

deleted text begin Subd. 5. deleted text end

deleted text begin Intermediate sanctions. deleted text end

deleted text begin Unless the district court directs otherwise, county
probation officers may require a person committed to the officer's care by the court to
perform community work service for violating a condition of probation imposed by the
court. Community work service may be imposed for the purpose of protecting the public,
to aid the offender's rehabilitation, or both. Probation officers may impose up to eight hours
of community work service for each violation and up to a total of 24 hours per offender per
12-month period, beginning on the date on which community work service is first imposed.
The chief executive officer of a community corrections agency may authorize an additional
40 hours of community work service, for a total of 64 hours per offender per 12-month
period, beginning with the date on which community work service is first imposed. At the
time community work service is imposed, probation officers are required to provide written
notice to the offender that states:
deleted text end

deleted text begin (1) the condition of probation that has been violated;
deleted text end

deleted text begin (2) the number of hours of community work service imposed for the violation; and
deleted text end

deleted text begin (3) the total number of hours of community work service imposed to date in the 12-month
period.
deleted text end

deleted text begin An offender may challenge the imposition of community work service by filing a petition
in district court. An offender must file the petition within five days of receiving written
notice that community work service is being imposed. If the offender challenges the
imposition of community work service, the state bears the burden of showing, by a
preponderance of the evidence, that the imposition of community work service is reasonable
under the circumstances.
deleted text end

deleted text begin Community work service includes sentencing to service.
deleted text end

Sec. 13.

Minnesota Statutes 2022, section 401.025, subdivision 1, is amended to read:

Subdivision 1.

Peace officers and probation officers serving CCA counties.

(a) When
it appears necessary to enforce discipline or to prevent a person on conditional release from
escaping or absconding from supervision, the chief executive officer or designee of a
community corrections agency in a CCA county has the authority to issue a written order
directing any peace officer or any probation officer in the state serving the district and
juvenile courts to detain and bring the person before the court or the commissioner, whichever
is appropriate, for disposition. new text begin If the person on conditional release commits a violation
described in section 609.14, subdivision 1a, paragraph (a), the chief executive officer or
designee must have a reasonable belief that the order is necessary to prevent the person
from escaping or absconding from supervision or that the continued presence of the person
in the community presents a risk to public safety before issuing a written order. new text end This written
order is sufficient authority for the peace officer or probation officer to detain the person
for not more than 72 hours, excluding Saturdays, Sundays, and holidays, pending a hearing
before the court or the commissioner.

(b) The chief executive officer or designee of a community corrections agency in a CCA
county has the authority to issue a written order directing a peace officer or probation officer
serving the district and juvenile courts to release a person detained under paragraph (a)
within 72 hours, excluding Saturdays, Sundays, and holidays, without an appearance before
the court or the commissioner. This written order is sufficient authority for the peace officer
or probation officer to release the detained person.

(c) The chief executive officer or designee of a community corrections agency in a CCA
county has the authority to issue a written order directing any peace officer or any probation
officer serving the district and juvenile courts to detain any person on court-ordered pretrial
release who absconds from pretrial release or fails to abide by the conditions of pretrial
release. A written order issued under this paragraph is sufficient authority for the peace
officer or probation officer to detain the person.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to violations
that occur on or after that date.
new text end

Sec. 14.

Minnesota Statutes 2022, section 401.06, is amended to read:

401.06 COMPREHENSIVE PLAN; STANDARDS OF ELIGIBILITY;
COMPLIANCE.

new text begin Subdivision 1. new text end

new text begin Commissioner approval required. new text end

new text begin (a) new text end No county or group of counties new text begin
or Tribal government or group of Tribal governments new text end electing to provide correctional
services deleted text begin pursuant to sections 401.01 to 401.16 shall be deleted text end new text begin under this chapter is new text end eligible for the
subsidy deleted text begin herein provided deleted text end unless and until its comprehensive plan deleted text begin shall have deleted text end new text begin has new text end been approved
by the commissioner. new text begin A comprehensive plan must comply with commissioner-developed
standards and reporting requirements and must sufficiently address community needs and
supervision standards.
new text end

new text begin (b) If the commissioner provides supervision to a county that elects not to provide the
supervision, the commissioner must prepare a comprehensive plan for the county and present
it to the local county board of commissioners. The Department of Corrections is subject to
all the standards and requirements under this chapter and supervision standards and policies.
new text end

new text begin (c) A comprehensive plan is valid for four years, and a corrections advisory board must
review and update the plan two years after the plan has been approved or two years after
submitted to the commissioner, whichever is earlier.
new text end

new text begin (d) All approved comprehensive plans, including updated plans, must be made publicly
available on the Department of Corrections' website.
new text end

new text begin Subd. 2. new text end

new text begin Rulemaking. new text end

The commissioner deleted text begin shall deleted text end new text begin must new text end , deleted text begin pursuant to deleted text end new text begin in accordance with new text end
the Administrative Procedure Act, deleted text begin promulgate deleted text end new text begin adopt new text end rules establishing standards of eligibility
for new text begin CCA and CPO new text end counties new text begin and Tribal governments new text end to receive funds under deleted text begin sections 401.01
to 401.16 deleted text end new text begin this chapter new text end .

new text begin Subd. 3. new text end

new text begin Substantial compliance required. new text end

new text begin (a) new text end To remain eligible for new text begin the new text end subsidy new text begin , new text end
counties deleted text begin shall deleted text end new text begin and Tribal governments must new text end maintain substantial compliance with the
minimum standards established deleted text begin pursuant deleted text end new text begin according new text end to deleted text begin sections 401.01 to 401.16 deleted text end new text begin this chapter new text end
and the policies and procedures governing the services deleted text begin described in deleted text end new text begin under new text end section 401.025
as prescribed by the commissioner.

new text begin (b) new text end Counties deleted text begin shall also deleted text end new text begin must:
new text end

new text begin (1) new text end be in substantial compliance with other correctional operating standards permitted
by law and established by the commissioner new text begin ; new text end and

deleted text begin shall deleted text end new text begin (2) new text end report statistics required by the commissioner new text begin , new text end including but not limited to
information on individuals convicted as an extended jurisdiction juvenile deleted text begin identified in deleted text end new text begin under new text end
section 241.016, subdivision 1, paragraph (c).

new text begin Subd. 4. new text end

new text begin Commissioner review. new text end

new text begin (a) new text end The commissioner deleted text begin shall deleted text end new text begin must new text end review annually the
comprehensive plans submitted by participating counties new text begin and Tribal governments new text end , including
the facilities and programs operated under the plans. The commissioner deleted text begin is hereby authorized
to deleted text end new text begin may new text end enter deleted text begin upon deleted text end any facility operated under the plan, and inspect books and records, for
purposes of recommending needed changes or improvements.

deleted text begin When deleted text end new text begin (b) If new text end the commissioner deleted text begin shall determine deleted text end new text begin determines new text end that there are reasonable
grounds to believe that a county or group of counties new text begin or Tribal government or group of
Tribal governments new text end is not in substantial compliance with minimum standards, new text begin the
commissioner must provide new text end at least 30 days' notice deleted text begin shall be given deleted text end new text begin to new text end the county or counties
deleted text begin and deleted text end new text begin or Tribal government or Tribal governments of new text end a new text begin commissioner-conducted new text end hearing
deleted text begin conducted by the commissioner deleted text end to ascertain whether there is substantial compliance or
satisfactory progress being made toward compliance.

new text begin Subd. 5. new text end

new text begin Noncompliance with comprehensive plan. new text end

new text begin (a) After a hearing, the
commissioner may sanction a county or group of counties or Tribal government or group
of Tribal governments under this subdivision if the commissioner determined that the agency
is not maintaining substantial compliance with minimum standards or that satisfactory
progress toward compliance has not been made.
new text end

new text begin (b) new text end The commissioner may suspend all or a portion of any subsidy deleted text begin until the required
standard of operation has been met deleted text end new text begin without issuing a corrective action plan new text end .

new text begin (c) The commissioner may issue a corrective action plan, which must:
new text end

new text begin (1) be in writing;
new text end

new text begin (2) identify all deficiencies;
new text end

new text begin (3) detail the corrective action required to remedy the deficiencies; and
new text end

new text begin (4) provide a deadline to:
new text end

new text begin (i) correct each deficiency; and
new text end

new text begin (ii) report to the commissioner progress toward correcting the deficiency.
new text end

new text begin (d) After the deficiency has been corrected, documentation must be submitted to the
commissioner detailing compliance with the corrective action plan. If the commissioner
determines that the county or group of counties or Tribal government or group of Tribal
governments has not complied with the plan, the commissioner may suspend all or a portion
of the subsidy.
new text end

Sec. 15.

Minnesota Statutes 2022, section 401.09, is amended to read:

401.09 OTHER SUBSIDY PROGRAMS; PURCHASE OF STATE SERVICES.

Failure of a county or group of counties to elect to come within the provisions of sections
401.01 to 401.16 shall not affect their eligibility for any other state new text begin grant or new text end subsidy for
correctional purposes otherwise provided by law. Any comprehensive plan submitted
pursuant to sections 401.01 to 401.16 may include the purchase of selected correctional
services from the state by contract, including the temporary detention and confinement of
persons convicted of crime or adjudicated delinquent; confinement to be in an appropriate
state facility as otherwise provided by law. The commissioner shall annually determine the
costs of the purchase of services under this section and deduct them from the subsidy due
and payable to the county or counties concerned; provided that no contract shall exceed in
cost the amount of subsidy to which the participating county or counties are eligible.

Sec. 16.

Minnesota Statutes 2022, section 401.10, is amended to read:

401.10 COMMUNITY CORRECTIONS AID.

Subdivision 1.

deleted text begin Aid calculations deleted text end new text begin Funding formula new text end .

deleted text begin To determine the community
corrections aid amount to be paid to each participating county, the commissioner of
corrections must apply the following formula:
deleted text end

deleted text begin (1) For each of the 87 counties in the state, a percent score must be calculated for each
of the following five factors:
deleted text end

deleted text begin (i) percent of the total state population aged ten to 24 residing within the county according
to the most recent federal census, and, in the intervening years between the taking of the
federal census, according to the most recent estimate of the state demographer;
deleted text end

deleted text begin (ii) percent of the statewide total number of felony case filings occurring within the
county, as determined by the state court administrator;
deleted text end

deleted text begin (iii) percent of the statewide total number of juvenile case filings occurring within the
county, as determined by the state court administrator;
deleted text end

deleted text begin (iv) percent of the statewide total number of gross misdemeanor case filings occurring
within the county, as determined by the state court administrator; and
deleted text end

deleted text begin (v) percent of the total statewide number of convicted felony offenders who did not
receive an executed prison sentence, as monitored and reported by the Sentencing Guidelines
Commission.
deleted text end

deleted text begin The percents in items (ii) to (v) must be calculated by combining the most recent
three-year period of available data. The percents in items (i) to (v) each must sum to 100
percent across the 87 counties.
deleted text end

deleted text begin (2) For each of the 87 counties, the county's percents in clause (1), items (i) to (v), must
be weighted, summed, and divided by the sum of the weights to yield an average percent
for each county, referred to as the county's "composite need percent." When performing
this calculation, the weight for each of the percents in clause (1), items (i) to (v), is 1.0. The
composite need percent must sum to 100 percent across the 87 counties.
deleted text end

deleted text begin (3) For each of the 87 counties, the county's "adjusted net tax capacity percent" is the
county's adjusted net tax capacity amount, defined in the same manner as it is defined for
cities in section 477A.011, subdivision 20, divided by the statewide total adjusted net tax
capacity amount. The adjusted net tax capacity percent must sum to 100 percent across the
87 counties.
deleted text end

deleted text begin (4) For each of the 87 counties, the county's composite need percent must be divided by
the county's adjusted net tax capacity percent to produce a ratio that, when multiplied by
the county's composite need percent, results in the county's "tax base adjusted need percent."
deleted text end

deleted text begin (5) For each of the 87 counties, the county's tax base adjusted need percent must be
added to twice the composite need percent, and the sum must be divided by 3, to yield the
county's "weighted need percent."
deleted text end

deleted text begin (6) Each participating county's weighted need percent must be added to the weighted
need percent of each other participating county to yield the "total weighted need percent
for participating counties."
deleted text end

deleted text begin (7) Each participating county's weighted need percent must be divided by the total
weighted need percent for participating counties to yield the county's "share percent." The
share percents for participating counties must sum to 100 percent.
deleted text end

deleted text begin (8) Each participating county's "base funding amount" is the aid amount that the county
received under this section for fiscal year 1995 plus the amount received in caseload or
workload reduction, felony caseload reduction, and sex offender supervision grants in fiscal
year 2015, as reported by the commissioner of corrections. In fiscal year 1997 and thereafter,
no county's aid amount under this section may be less than its base funding amount, provided
that the total amount appropriated for this purpose is at least as much as the aggregate base
funding amount defined in clause (9).
deleted text end

deleted text begin (9) The "aggregate base funding amount" is equal to the sum of the base funding amounts
for all participating counties. If a county that participated under this section chooses not to
participate in any given year, then the aggregate base funding amount must be reduced by
that county's base funding amount. If a county that did not participate under this section in
fiscal year 1995 chooses to participate on or after July 1, 2015, then the aggregate base
funding amount must be increased by the amount of aid that the county would have received
had it participated in fiscal year 1995 plus the estimated amount it would have received in
caseload or workload reduction, felony caseload reduction, and sex offender supervision
grants in fiscal year 2015, as reported by the commissioner of corrections, and the amount
of increase shall be that county's base funding amount.
deleted text end

deleted text begin (10) In any given year, the total amount appropriated for this purpose first must be
allocated to participating counties in accordance with each county's base funding amount.
Then, any remaining amount in excess of the aggregate base funding amount must be
allocated to participating counties in proportion to each county's share percent, and is referred
to as the county's "formula amount."
deleted text end

deleted text begin Each participating county's "community corrections aid amount" equals the sum of (i)
the county's base funding amount, and (ii) the county's formula amount.
deleted text end

deleted text begin (11) However, if in any year the total amount appropriated for the purpose of this section
is less than the aggregate base funding amount, then each participating county's community
corrections aid amount is the product of (i) the county's base funding amount multiplied by
(ii) the ratio of the total amount appropriated to the aggregate base funding amount.
deleted text end

deleted text begin For each participating county, the county's community corrections aid amount calculated
in this subdivision is the total amount of subsidy to which the county is entitled under
sections 401.01 to 401.16.
deleted text end

new text begin (a) Beginning in fiscal year 2024, the subsidy paid to each county and Tribal government
and the commissioner of corrections for supervision in counties or Tribal jurisdictions served
by the department shall equal the sum of:
new text end

new text begin (1) a base funding amount equal to $200,000, plus:
new text end

new text begin (i) ten percent of the total for all appropriations to the commissioner for community
supervision and postrelease services during the fiscal year prior to the fiscal year for which
the subsidy will be paid multiplied by the county's or Tribe's percent share of the state's
total population as determined by the most recent census; and
new text end

new text begin (ii) ten percent of the total for all appropriations to the commissioner for community
supervision and postrelease services during the fiscal year prior to the fiscal year for which
the subsidy will be paid multiplied by the county's or Tribe's percent share of the state's
total geographic area; and
new text end

new text begin (2) a community supervision formula equal to the sum of:
new text end

new text begin (i) for felony cases, a felony per diem rate of $5.33 multiplied by the sum of the county's
adult felony population, adult supervised release and parole populations, and juvenile
supervised release and parole populations as reported in the most recent probation survey
published by the commissioner and then, multiplied by 365; and
new text end

new text begin (ii) for gross misdemeanor, misdemeanor, and juvenile probation cases, the felony per
diem rate used in item (i) multiplied by 0.5 and then multiplied by the sum of the county's
gross misdemeanor, misdemeanor, and juvenile populations as reported in the most recent
probation survey published by the commissioner, multiplied by 365.
new text end

new text begin (b) Each participating county's "community corrections aid amount" equals the sum of
(1) the county's base funding amount, and (2) the county's formula amount.
new text end

new text begin (c) If in any year the total amount appropriated for the purpose of this section is more
than or less than the total of base funding plus community supervision formula funding for
all counties, then the sum of each county's base funding plus community supervision formula
funding shall be adjusted by the ratio of amounts appropriated for this purpose divided by
the total of base funding plus community supervision formula funding for all counties.
new text end

Subd. 2.

Transfer of funds.

Notwithstanding any law to the contrary, the commissioner
of corrections, after notifying the committees on finance of the senate and ways and means
of the house of representatives, may, at the end of any fiscal year, transfer any unobligated
funds new text begin , including funds available due the withdrawal of a county under section 401.16, new text end in
any appropriation to the Department of Corrections to the appropriation under sections
401.01 to 401.16, which appropriation shall not cancel but is reappropriated for the purposes
of sections 401.01 to 401.16.

Subd. 3.

Formula review.

deleted text begin Prior to January 16, 2002, the committees with jurisdiction
over community corrections funding decisions in the house of representatives and the senate,
in consultation with the Department of Corrections and any interested county organizations,
deleted text end deleted text begin must review the formula in subdivision 1 and make recommendations to the legislature for
its continuation, modification, replacement, or discontinuation. deleted text end new text begin For fiscal year 2025 and
subsequent fiscal years, the commissioner shall make a funding recommendation based
upon the commissioner's workload study and the caseload data collected by the commissioner.
new text end

new text begin Subd. 4. new text end

new text begin Report; supervision fees. new text end

new text begin (a) The commissioner must collect annual summary
expenditure data and funding from each community supervision provider in the state.
new text end

new text begin (b) On January 15, 2025, and every year thereafter, the commissioner must submit a
report to the chairs and ranking minority members of the legislative committees and divisions
with jurisdiction over public safety finance and policy on the data collected under paragraph
(a). The report may be made in conjunction with reporting under section 244.21.
new text end

Sec. 17.

Minnesota Statutes 2022, section 401.11, is amended to read:

401.11 COMPREHENSIVE PLAN ITEMS; GRANT REVIEW.

new text begin Subdivision 1. new text end

new text begin Items. new text end

The comprehensive plan submitted to the commissioner for
approval deleted text begin shall deleted text end new text begin must new text end include deleted text begin those deleted text end items prescribed by deleted text begin rule deleted text end new text begin policy new text end of the commissioner,
deleted text begin which may require the inclusion of the following deleted text end new text begin including but not limited to new text end :

deleted text begin (a) deleted text end new text begin (1) new text end the manner in which presentence and postsentence investigations and reports for
the district courts and social history reports for the juvenile courts will be made;

deleted text begin (b) deleted text end new text begin (2) new text end the manner in which conditional release services to the courts and persons under
jurisdiction of the commissioner deleted text begin of corrections deleted text end will be provided;

deleted text begin (c) deleted text end new text begin (3) new text end a program for deleted text begin the detention, supervision, and treatment of deleted text end new text begin detaining, supervising,
and treating new text end persons under pretrial detention or under commitment;

deleted text begin (d) deleted text end new text begin (4) new text end delivery of other new text begin local new text end correctional services deleted text begin defined in section 401.01 deleted text end ;

deleted text begin (e) deleted text end new text begin (5) new text end proposals for new programs, which proposals must demonstrate a need for the
program, deleted text begin its deleted text end new text begin and the program's new text end purpose, objective, administrative structure, staffing pattern,
staff training, financing, evaluation process, degree of community involvement, client
participation, and duration deleted text begin of program deleted text end new text begin ; and
new text end

new text begin (6) outcome and output data, expenditures, and costs new text end .

new text begin Subd. 2. new text end

new text begin Review. new text end

deleted text begin In addition to the foregoing requirements made by this section, deleted text end Each
participating new text begin CCA new text end county or group of counties deleted text begin shall deleted text end new text begin must new text end develop and implement a procedure
for deleted text begin the review of grant deleted text end new text begin reviewing subsidy new text end applications made to the corrections advisory
board and for the manner in which corrections advisory board action will be taken on deleted text begin them deleted text end new text begin
the applications new text end . A description of deleted text begin this deleted text end new text begin the new text end procedure must be made available to members of
the public upon request.

Sec. 18.

Minnesota Statutes 2022, section 401.14, subdivision 3, is amended to read:

Subd. 3.

Installment payments.

The commissioner of corrections shall make payments
for community corrections services to each county in 12 installments per year. The
commissioner shall ensure that the pertinent payment of the allotment for each month is
made to each county on the first working day after the end of each month of the calendar
year, except for the last month of the calendar year. The commissioner shall ensure that
each county receives its payment of the allotment for that month no later than the last
working day of that month. deleted text begin The payment described in this subdivision for services rendered
during June 1985 shall be made on the first working day of July 1985.
deleted text end

Sec. 19.

Minnesota Statutes 2022, section 401.16, is amended to read:

401.16 WITHDRAWAL FROM PROGRAM.

Any participating county new text begin or Tribal government new text end may, at the beginning of any calendar
quarter, by resolution of its board of commissioners new text begin or Tribal government leaders new text end , notify
the commissioner of its intention to withdraw from the subsidy program established by
sections 401.01 to 401.16, and the withdrawal shall be effective the last day of the deleted text begin last month
of the quarter in deleted text end new text begin third quarter after new text end which the notice was given. deleted text begin Upon withdrawal, the
unexpended balance of moneys allocated to the county, or that amount necessary to reinstate
state correctional services displaced by that county's participation, including complement
positions, may, upon approval of the legislative advisory commission, be transferred to the
commissioner for the reinstatement of the displaced services and the payment of any other
correctional subsidies for which the withdrawing county had previously been eligible.
deleted text end

Sec. 20.

new text begin [401.17] COMMUNITY SUPERVISION ADVISORY COMMITTEE.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; members. new text end

new text begin (a) The commissioner must establish a
Community Supervision Advisory Committee to develop and make recommendations to
the commissioner on standards for probation, supervised release, and community supervision.
The committee consists of 16 members as follows:
new text end

new text begin (1) two directors appointed by the Minnesota Association of Community Corrections
Act Counties;
new text end

new text begin (2) two probation directors appointed by the Minnesota Association of County Probation
Officers;
new text end

new text begin (3) three county commissioner representatives appointed by the Association of Minnesota
Counties;
new text end

new text begin (4) two behavioral health, treatment, or programming providers who work directly with
individuals on correctional supervision, one appointed by the Department of Human Services
and one appointed by the Minnesota Association of County Social Service Administrators;
new text end

new text begin (5) two representatives appointed by the Minnesota Indian Affairs Council;
new text end

new text begin (6) one commissioner-appointed representative from the Department of Corrections;
new text end

new text begin (7) the chair of the statewide Evidence-Based Practice Advisory Committee;
new text end

new text begin (8) three individuals who have been supervised, either individually or collectively, under
each of the state's three community supervision delivery systems appointed by the
commissioner in consultation with the Minnesota Association of County Probation Officers
and the Minnesota Association of Community Corrections Act Counties; and
new text end

new text begin (9) an advocate for victims of crime appointed by the commissioner.
new text end

new text begin (b) When an appointing authority selects an individual for membership on the committee,
the authority must make reasonable efforts to reflect geographic diversity and to appoint
qualified members of protected groups, as defined under section 43A.02, subdivision 33.
new text end

new text begin (c) The commissioner must convene the first meeting of the committee on or before July
15, 2024.
new text end

new text begin Subd. 2. new text end

new text begin Terms; removal; reimbursement. new text end

new text begin (a) If there is a vacancy, the appointing
authority must appoint an individual to fill the vacancy. Committee members must elect
any officers and create any subcommittees necessary for the efficient discharge of committee
duties.
new text end

new text begin (b) A member may be removed by the appointing authority at any time at the pleasure
of the appointing authority.
new text end

new text begin (c) Each committee member must be reimbursed for all reasonable expenses actually
paid or incurred by that member in the performance of official duties in the same manner
as other employees of the state. The public members of the committee must be compensated
at the rate of $55 for each day or part of the day spent on committee activities.
new text end

new text begin Subd. 3. new text end

new text begin Duties; committee. new text end

new text begin (a) The committee must comply with section 401.10.
new text end

new text begin (b) By June 30, 2024, the committee must provide written advice and recommendations
to the commissioner on developing policy on:
new text end

new text begin (1) developing statewide supervision standards and definitions to be applied to community
supervision provided by CPO counties, CCA counties, the Department of Corrections, and
Tribal governments;
new text end

new text begin (2) requiring community supervision agencies to use the same agreed-upon risk screener
and risk and needs assessment tools as the main supervision assessment methods or a
universal five-level matrix allowing for consistent supervision levels and that all tools in
use be validated on Minnesota's community supervision population and revalidated every
five years;
new text end

new text begin (3) requiring the use of assessment-driven, formalized collaborative case planning to
focus case planning goals on identified criminogenic and behavioral health need areas for
moderate- and high-risk individuals;
new text end

new text begin (4) limiting standard conditions required for all people on supervision across all
supervision systems and judicial districts, ensuring that conditions of supervision are directly
related to the offense of the person on supervision, and tailoring special conditions to people
on supervision identified as high-risk and high-need;
new text end

new text begin (5) providing gender-responsive, culturally appropriate services and trauma-informed
approaches;
new text end

new text begin (6) developing a statewide incentives and sanctions grid to guide responses to client
behavior while under supervision to be reviewed and updated every five years to maintain
alignment with national best practices;
new text end

new text begin (7) developing performance indicators for supervision success as well as recidivism;
new text end

new text begin (8) developing a statewide training, coaching, and quality assurance system overseen
by an evidence-based practices coordinator; and
new text end

new text begin (9) devising a plan, by December 1, 2024, to eliminate the financial penalty incurred by
a jurisdiction that successfully discharges an offender from supervision before the offender's
term of supervision concludes.
new text end

new text begin (c) By December 1, 2024, and every six years thereafter, the committee must review
and reassess the existing workload study published by the commissioner under subdivision
4 and make recommendations to the commissioner based on the committee's review.
new text end

new text begin (d) By June 30, 2024, the committee must submit a report on supervision fees to the
commissioner and the chairs and ranking minority members of the legislative committees
with jurisdiction over corrections policy and funding. The committee must collect data on
supervision fees and include the data in the report.
new text end

new text begin Subd. 4. new text end

new text begin Duties; commissioner. new text end

new text begin The commissioner, in consultation with the committee,
must complete a workload study by December 1, 2024, to develop a capitated rate for
equitably funding community supervision throughout the state. The study must be updated
every six years after the initial study is completed.
new text end

new text begin Subd. 5. new text end

new text begin Data collection; report. new text end

new text begin (a) By June 1, 2024, the advisory committee, in
consultation with the Minnesota Counties Computer Cooperative, must create a method to
(1) standardize data classifications across the three delivery systems, and (2) collect data
for the commissioner to publish in an annual report to the chairs and ranking minority
members of the legislative committees and divisions with jurisdiction over public safety
finance and policy.
new text end

new text begin (b) The advisory committee's method, at a minimum, must provide for collecting the
following data:
new text end

new text begin (1) the number of offenders placed on probation each year;
new text end

new text begin (2) the offense levels and offense types for which offenders are placed on probation;
new text end

new text begin (3) violation and revocation rates and the identified grounds for the violations and
revocations, including final disposition of the violation action such as execution of the
sentence, imposition of new conditions, or a custodial sanction;
new text end

new text begin (4) the number of offenders granted early discharge from probation;
new text end

new text begin (5) the number of offenders restructured on supervision, including imposition of new
conditions of release; and
new text end

new text begin (6) the number of offenders revoked from supervision and the identified grounds for
revocation.
new text end

new text begin (c) On February 1, 2025, and every year thereafter, the commissioner must prepare a
report that contains the data collected under the method established by the committee under
this subdivision. The report must provide an analysis of the collected data by race, gender,
and county.
new text end

new text begin (d) Nothing in this section overrides the commissioner's authority to require additional
data be provided under sections 241.065, 401.06, 401.10, and 401.11.
new text end

new text begin Subd. 6. new text end

new text begin Response. new text end

new text begin (a) Within 45 days of receiving the committee's recommendations,
the commissioner must respond in writing to the committee's advice and recommendations
under subdivision 3. The commissioner's response must explain:
new text end

new text begin (1) whether the agency will adopt policy changes based on the recommendations;
new text end

new text begin (2) the timeline for adopting policy changes; and
new text end

new text begin (3) why the commissioner will not or cannot include any individual recommendations
of the committee in the agency's policy.
new text end

new text begin (b) The commissioner must submit the advice and recommendations of the committee
to the chairs and ranking minority members of the legislative committees with jurisdiction
over public safety and finance.
new text end

new text begin Subd. 7. new text end

new text begin Staff; meeting room; office equipment. new text end

new text begin The commissioner must provide the
committee with a committee administrator, staff support, a meeting room, and access to
office equipment and services.
new text end

Sec. 21.

Minnesota Statutes 2022, section 609.14, subdivision 1, is amended to read:

Subdivision 1.

Grounds.

(a) When it appears that the defendant has violated any of the
conditions of probation or intermediate sanction, or has otherwise been guilty of misconduct
which warrants the imposing or execution of sentence, the court may without notice revoke
the stay and direct that the defendant be taken into immediate custody. new text begin Revocation should
only be used as a last resort when rehabilitation has failed.
new text end

(b) When it appears that the defendant violated any of the conditions of probation during
the term of the stay, but the term of the stay has since expired, the defendant's probation
officer or the prosecutor may ask the court to initiate probation revocation proceedings
under the Rules of Criminal Procedure at any time within six months after the expiration
of the stay. The court also may initiate proceedings under these circumstances on its own
motion. If proceedings are initiated within this six-month period, the court may conduct a
revocation hearing and take any action authorized under rule 27.04 at any time during or
after the six-month period.

(c) Notwithstanding the provisions of section 609.135 or any law to the contrary, after
proceedings to revoke the stay have been initiated by a court order revoking the stay and
directing either that the defendant be taken into custody or that a summons be issued in
accordance with paragraph (a), the proceedings to revoke the stay may be concluded and
the summary hearing provided by subdivision 2 may be conducted after the expiration of
the stay or after the six-month period set forth in paragraph (b). The proceedings to revoke
the stay shall not be dismissed on the basis that the summary hearing is conducted after the
term of the stay or after the six-month period. The ability or inability to locate or apprehend
the defendant prior to the expiration of the stay or during or after the six-month period shall
not preclude the court from conducting the summary hearing unless the defendant
demonstrates that the delay was purposefully caused by the state in order to gain an unfair
advantage.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to violations
that occur on or after that date.
new text end

Sec. 22.

Minnesota Statutes 2022, section 609.14, is amended by adding a subdivision to
read:

new text begin Subd. 1a. new text end

new text begin Violations where policies favor continued rehabilitation. new text end

new text begin (a) Correctional
treatment is better provided through a community resource than through confinement, it
would not unduly depreciate the seriousness of the violation if probation was not revoked,
and the policies favoring probation outweigh the need for confinement if a person has not
previously violated a condition of probation or intermediate sanction and does any of the
following in violation of a condition imposed by the court:
new text end

new text begin (1) fails to abstain from the use of controlled substances without a valid prescription,
unless the person is under supervision for a violation of section:
new text end

new text begin (i) 169A.20;
new text end

new text begin (ii) 609.2112, subdivision 1, paragraph (a), clauses (2) to (6); or
new text end

new text begin (iii) 609.2113, subdivision 1, clauses (2) to (6), 2, clauses (2) to (6), or 3, clauses (2) to
(6);
new text end

new text begin (2) fails to abstain from the use of alcohol, unless the person is under supervision for a
violation of section:
new text end

new text begin (i) 169A.20;
new text end

new text begin (ii) 609.2112, subdivision 1, paragraph (a), clauses (2) to (6); or
new text end

new text begin (iii) 609.2113, subdivision 1, clauses (2) to (6), 2, clauses (2) to (6), or 3, clauses (2) to
(6);
new text end

new text begin (3) possesses drug paraphernalia in violation of section 152.092;
new text end

new text begin (4) fails to obtain or maintain employment;
new text end

new text begin (5) fails to pursue a course of study or vocational training;
new text end

new text begin (6) fails to report a change in employment, unless the person is prohibited from having
contact with minors and the employment would involve such contact;
new text end

new text begin (7) violates a curfew;
new text end

new text begin (8) fails to report contact with a law enforcement agency, unless the person was charged
with a misdemeanor, gross misdemeanor, or felony; or
new text end

new text begin (9) commits any offense for which the penalty is a petty misdemeanor.
new text end

new text begin (b) A violation by a person described in paragraph (a) does not warrant the imposition
or execution of sentence and the court may not direct that the person be taken into immediate
custody unless the court receives a written report, signed under penalty of perjury pursuant
to section 358.116, showing probable cause to believe the person violated probation and
establishing by a preponderance of the evidence that the continued presence of the person
in the community would present a risk to public safety. If the court does not direct that the
person be taken into custody, the court may request a supplemental report from the
supervising agent containing:
new text end

new text begin (1) the specific nature of the violation;
new text end

new text begin (2) the response of the person under supervision to the violation, if any; and
new text end

new text begin (3) the actions the supervising agent has taken or will take to address the violation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to violations
that occur on or after that date.
new text end

Sec. 23. new text begin LOCAL CORRECTIONAL FEES; IMPOSITION ON OFFENDERS.
new text end

new text begin By August 1, 2025, each local correctional agency under Minnesota Statutes, section
244.18, must provide a plan for phasing out local correctional fees. A copy of the plan must
be provided to all individuals under supervision by the agency. Local correctional fees must
not increase from the effective date of this section through August 1, 2025.
new text end

Sec. 24. new text begin COMMUNITY SUPERVISION ADVISORY COMMITTEE; REPORT.
new text end

new text begin (a) By January 15, 2025, the committee must submit a report to the chairs and ranking
minority members of the legislative committees with jurisdiction over public safety policy
and finance on progress toward developing standards and recommendations under Minnesota
Statutes, section 401.17, subdivision 3.
new text end

new text begin (b) By January 15, 2026, the committee must submit a final report to the chairs and
ranking minority members of the legislative committees with jurisdiction over public safety
policy and finance on the standards and recommendations developed according to Minnesota
Statutes, section 401.17, subdivision 3. At a minimum, the recommendations must include
a proposed state-level Community Supervision Advisory Board with a governance structure
and duties for the board.
new text end

Sec. 25. new text begin COMMUNITY SUPERVISION TARGETED INNOVATION GRANTS;
SPECIAL REVENUE ACCOUNT; APPROPRIATION.
new text end

new text begin (a) The community supervision targeted innovation account is created in the special
revenue fund consisting of money deposited, donated, allotted, transferred, or otherwise
provided to the account. Of the amount in the account, up to $....... each year is appropriated
to the commissioner of corrections for grants to be awarded to local and Tribal community
supervision agencies and nonprofits that provide services to persons on community
supervision.
new text end

new text begin (b) The commissioner shall award grants to applicants that operate, or intend to operate,
innovative programs that target specific aspects of community supervision such as:
new text end

new text begin (1) access to community options, including but not limited to inpatient substance use
disorder treatment for nonviolent controlled substance offenders to address and correct
behavior that is, or is likely to result in, a technical violation of the conditions of release;
new text end

new text begin (2) reentry services;
new text end

new text begin (3) restorative justice;
new text end

new text begin (4) juvenile diversion;
new text end

new text begin (5) family-centered approaches to supervision; and
new text end

new text begin (6) funding the cost of mandated services and equipment as a means to improve
compliance rates for persons on community supervision.
new text end

new text begin (c) Grant recipients must provide an annual report to the commissioner that includes:
new text end

new text begin (1) the services provided by the grant recipient;
new text end

new text begin (2) the number of individuals served in the previous year;
new text end

new text begin (3) measurable outcomes of the recipient's program; and
new text end

new text begin (4) any other information required by the commissioner.
new text end

new text begin (d) By January 15, 2025, the commissioner shall report to the chairs and ranking minority
members of the legislative committees with jurisdiction over criminal justice policy and
finance on how the appropriations in this section were used. The report must detail the
impact the appropriations had on improving community supervision practices and outcomes.
new text end

new text begin (e) The commissioner may use up to 2.5 percent of the annual appropriation to administer
the grants.
new text end

Sec. 26. new text begin COMMUNITY SUPERVISION TARGETED INNOVATION ACCOUNT;
TRANSFER.
new text end

new text begin $....... in fiscal year 2024 is transferred from the general fund to the community
supervision targeted innovation account in the special revenue fund.
new text end

Sec. 27. new text begin ACCOUNT ESTABLISHED; TRANSFER; APPROPRIATION.
new text end

new text begin (a) A community supervision account is established as a special revenue account in the
state treasury.
new text end

new text begin (b) $99,761,000 in fiscal year 2024 is transferred from the base appropriation to the
Department of Corrections to the community supervision account in the special revenue
fund.
new text end

new text begin (c) $83,178,000 in fiscal year 2024 is transferred from the general fund to the community
supervision account in the special revenue fund. This appropriation is added to the base.
new text end

new text begin (d) For fiscal year 2025 and each year thereafter, the amount deposited in the community
supervision account pursuant to paragraphs (b) and (c) shall be the sum of the fiscal year
2024 appropriation multiplied by the ratio of the annual implicit price deflator for government
consumption expenditures and gross investment for state and local governments as prepared
by the United States Department of Commerce, for the most recently available year to the
2022 implicit price deflator for state and local government purchases.
new text end

Sec. 28. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2022, sections 244.19, subdivisions 6, 7, and 8; 244.22; 244.24;
and 244.30, new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2022, section 244.18, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Paragraph (a) is effective August 1, 2023, and paragraph (b) is
effective August 1, 2025.
new text end

APPENDIX

Repealed Minnesota Statutes: S2380-1

244.18 CORRECTIONAL FEES; SCHEDULE, COLLECTION, AND USE.

Subdivision 1.

Definitions.

(a) For purposes of this section, the terms defined in this subdivision have the meanings given them.

(b) "Correctional fees":

(1) effective August 1, 2027, means fees charged or contracted for by a probation agency or the commissioner of corrections for court-ordered or community-provided correctional services, including but not limited to drug testing, electronic home monitoring, treatment, and programming; and

(2) effective August 1, 2023, through July 31, 2027, include fees for the following correctional services:

(i) community service work placement and supervision;

(ii) restitution collection;

(iii) supervision;

(iv) court-ordered investigations;

(v) any other court-ordered service;

(vi) postprison supervision or other form of release; and

(vii) supervision or other probation-related services provided by a probation agency or by the Department of Corrections for individuals supervised by the commissioner of corrections.

(c) "Probation" has the meaning given in section 609.02, subdivision 15.

(d) "Probation agency" means a probation agency, including a Tribal Nation, organized under section 244.19 or chapter 401.

Subd. 2.

Fee schedule.

A probation agency or the commissioner of corrections may establish a schedule of correctional fees to charge individuals under the supervision and control of the agency or the commissioner, including individuals on supervised release, to defray costs associated with correctional services. The correctional fees on an agency's and the commissioner's schedule must be reasonably related to defendants' abilities to pay and the actual cost of correctional services.

Subd. 3.

Imposing and collecting fees.

(a) The chief executive officer of a probation agency or the commissioner may impose and collect a correctional fee from individuals under the supervision and control of the agency or the commissioner. The probation agency or commissioner may collect the fee at any time while the individual is under sentence or after the sentence has been discharged.

(b) A probation agency may not impose a fee under this section on an individual under the agency's supervision and control if:

(1) the individual is supervised by the commissioner; and

(2) the commissioner imposes and collects a fee under this section.

(c) The agency or the commissioner may use any available civil means of debt collection to collect a correctional fee.

Subd. 4.

Waiving fee.

The chief executive officer of a probation agency or the commissioner must waive a correctional fee for an individual under the agency's or commissioner's supervision and control if the officer or commissioner determines that:

(1) the individual does not have the ability to pay the fee;

(2) the prospects for payment are poor; or

(3) there are extenuating circumstances justifying a waiver.

(b) Instead of waiving a fee, the chief executive officer or commissioner may:

(1) require the individual to perform community work service in lieu of paying the fee; or

(2) credit the individual's involvement in programming at a rate established by the chief executive officer or commissioner.

Subd. 5.

Prioritizing restitution payment.

If a defendant has been ordered by a court to pay restitution, the defendant must pay the restitution before paying a correctional fee. However, if the defendant is making reasonable payments to satisfy the restitution obligation, the probation agency or commissioner may simultaneously collect a correctional fee, subject to subdivision 4.

Subd. 6.

Using fees.

(a) Except as provided under paragraph (b), clause (1), for a probation agency and the Department of Corrections, correctional fees must be used by the agency or the department to pay the costs of local correctional services but must not be used to supplant existing local funding for local correctional services.

(b) Correctional fees must be deposited as follows:

(1) correctional fees collected by Department of Corrections agents providing felony supervision under section 244.20 go to the general fund; and

(2) all other correctional fees collected by Department of Corrections agents and probation agents go to the county or Tribal Nation treasurer in the county or Tribal Nation where supervision is provided, as applicable under section 244.19, subdivision 1f.

Subd. 7.

Annual report.

(a) By January 15 each year, the commissioner must submit an annual report on implementing the commissioner's duties under this section to the chairs and ranking minority members of the senate and house of representatives committees and divisions with jurisdiction over criminal justice funding and policy. At a minimum, the report must include information on the types of correctional services for which fees were imposed, the aggregate amount of fees imposed, and the amount of fees collected.

(b) This subdivision expires August 1, 2027.

Subd. 8.

Treatment fee for sex offenders.

(a) The commissioner may authorize providers of sex offender treatment to charge and collect treatment co-pays from all offenders in their treatment program, with a co-pay assessed to each offender based on a fee schedule approved by the commissioner.

(b) Fees collected under this subdivision must be used by the treatment provider to fund the cost of treatment.

Subd. 9.

Sunsetting supervision fees; sunset plan.

(a) By August 1, 2025, each probation agency must provide to the commissioner a written plan for phasing out supervision fees for individuals under the agency's supervision and control, and the commissioner must review and approve the plan by August 1, 2027. By August 1, 2027, the commissioner must develop a written plan for phasing out supervision fees for individuals under the commissioner's supervision and control.

(b) A copy of an approved plan must be provided to all individuals under the supervision and control of the agency or the commissioner and in a language and manner that each individual can understand.

(c) Supervision fees must not be increased from August 1, 2023, through July 31, 2027.

(d) This subdivision expires August 1, 2027.

244.19 PROBATION SERVICES AND OFFICERS.

No active language found for: 244.19.6

No active language found for: 244.19.7

No active language found for: 244.19.8

No active language found for: 244.22

244.24 ASSESSING RISK FOR INDIVIDUALS ON PROBATION.

All probation agencies must adopt written policies for assessing risk levels for individuals on probation. A probation agency must use a risk screener and risk and needs assessment tools as prescribed by its written policies.

244.30 CAP ON INCARCERATION FOR FIRST-TIME SUPERVISED RELEASE VIOLATIONS; EXCEPTION FOR SEX OFFENDERS.

(a) If the commissioner revokes the supervised release of a person whose release on the current offense has not previously been revoked, the commissioner may order the person to be incarcerated for no more than 90 days or until the expiration of the person's sentence, whichever is less.

(b) This section does not apply to offenders on supervised release for a violation of section 609.342, 609.343, 609.344, 609.345, 609.3451, or 609.3453.

(c) The commissioner may order a person described in this section to be incarcerated for more than 90 days if the commissioner determines that substantial and compelling reasons exist to believe that the longer incarceration period is necessary to protect the public.