as introduced - 92nd Legislature (2021 - 2022) Posted on 02/11/2022 11:37am
Engrossments | ||
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Introduction | Posted on 02/25/2021 |
A bill for an act
relating to corrections; requiring a working group to establish policy and procedures
for federally recognized Indian tribes to participate in the Community Corrections
Act subsidy program; requiring a report.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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Recognizing the sovereignty of tribal governments and
the shared state and tribal interests in providing effective, responsive, and culturally relevant
correctional supervision and services, a working group is established to develop policy,
protocols, and procedures for Minnesota-based federally recognized Indian tribes to
participate in the Community Corrections Act subsidy program and make recommendations
to the legislature on changes to the law to allow for tribal supervision.
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The working group shall develop comprehensive recommendations
that allow a Minnesota-based federally recognized Indian tribe, as defined in United States
Code, title 25, section 450b(e), to qualify for a grant provided in Minnesota Statutes, section
401.01, by meeting and agreeing to the requirements in Minnesota Statutes, section 401.02,
subdivision 1, excluding the population requirement. The working group shall:
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(1) develop statutory policy language that provides that interested tribal governments
may participate in the Community Corrections Act grant program;
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(2) identify tribal Community Corrections Act supervision jurisdiction parameters such
as tribal lands, tribal enrollment, and recognized tribal affiliation;
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(3) develop a court process for determining whether an individual shall receive
correctional supervision and services from a tribal Community Corrections Act authority;
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(4) develop an effective and relevant formula for determining the amount of community
corrections aid to be paid to a participating tribal government; and
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(5) develop legislation to establish conformance with all other requirements in the
Community Corrections Act.
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The working group must include the following members:
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(1) the commissioner of corrections, or designee;
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(2) the commissioner of human services, or designee;
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(3) the attorney general, or designee;
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(4) a representative of each Minnesota-based federally recognized Indian tribe appointed
by each tribe;
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(5) a representative appointed by the governor;
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(6) a representative appointed by the speaker of the house;
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(7) a representative appointed by the senate majority leader;
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(8) a representative of the State Court Administrators Office appointed by the state court
administrator;
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(9) Department of Corrections, executive officer of hearings and release;
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(10) Department of Corrections, director of field services;
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(11) a representative of the Minnesota Indian Affairs Council appointed by the council;
and
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(12) one representative appointed by each of the following associations:
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(i) the Minnesota Association of Community Corrections Act Counties;
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(ii) the Minnesota Association of County Probation Officers;
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(iii) the Minnesota Sheriff's Association;
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(iv) the Minnesota County Attorney's Association; and
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(v) the Association of Minnesota Counties.
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The commissioner of corrections or a designee shall convene the
first meeting of the working group no later than October 15, 2021. Members of the working
group shall elect a chair from among the group's members at the first meeting, and the
commissioner of corrections or a designee shall serve as the working group's chair until a
chair is elected.
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Members of the working group shall serve without
compensation.
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The commissioner of corrections shall provide
administrative support staff and meeting space for the working group.
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The working group shall prepare and submit a report to the chairs of
the house of representatives and senate committees and divisions with jurisdiction over
public safety not later than March 15, 2022. The working group's report shall minimally
include statutory policy language that provides that interested tribal governments may
participate in the Community Corrections Act grant program.
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The working group expires the earlier of March 16, 2022, or the
day after the working group submits the report under subdivision 7.
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This section is effective the day following final enactment.
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