SF 897

as introduced - 92nd Legislature (2021 - 2022) Posted on 08/05/2021 10:14am

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:

Section 1. new text begin CORRECTIONAL SUPERVISION WORKING GROUP; TRIBAL
GOVERNMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin 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.
new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin 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:
new text end

new text begin (1) develop statutory policy language that provides that interested tribal governments
may participate in the Community Corrections Act grant program;
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new text begin (2) identify tribal Community Corrections Act supervision jurisdiction parameters such
as tribal lands, tribal enrollment, and recognized tribal affiliation;
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new text begin (3) develop a court process for determining whether an individual shall receive
correctional supervision and services from a tribal Community Corrections Act authority;
new text end

new text begin (4) develop an effective and relevant formula for determining the amount of community
corrections aid to be paid to a participating tribal government; and
new text end

new text begin (5) develop legislation to establish conformance with all other requirements in the
Community Corrections Act.
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new text begin Subd. 3. new text end

new text begin Members. new text end

new text begin The working group must include the following members:
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new text begin (1) the commissioner of corrections, or designee;
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new text begin (2) the commissioner of human services, or designee;
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new text begin (3) the attorney general, or designee;
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new text begin (4) a representative of each Minnesota-based federally recognized Indian tribe appointed
by each tribe;
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new text begin (5) a representative appointed by the governor;
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new text begin (6) a representative appointed by the speaker of the house;
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new text begin (7) a representative appointed by the senate majority leader;
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new text begin (8) a representative of the State Court Administrators Office appointed by the state court
administrator;
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new text begin (9) Department of Corrections, executive officer of hearings and release;
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new text begin (10) Department of Corrections, director of field services;
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new text begin (11) a representative of the Minnesota Indian Affairs Council appointed by the council;
and
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new text begin (12) one representative appointed by each of the following associations:
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new text begin (i) the Minnesota Association of Community Corrections Act Counties;
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new text begin (ii) the Minnesota Association of County Probation Officers;
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new text begin (iii) the Minnesota Sheriff's Association;
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new text begin (iv) the Minnesota County Attorney's Association; and
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new text begin (v) the Association of Minnesota Counties.
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new text begin Subd. 4. new text end

new text begin Meetings. new text end

new text begin 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.
new text end

new text begin Subd. 5. new text end

new text begin Compensation. new text end

new text begin Members of the working group shall serve without
compensation.
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new text begin Subd. 6. new text end

new text begin Administrative support. new text end

new text begin The commissioner of corrections shall provide
administrative support staff and meeting space for the working group.
new text end

new text begin Subd. 7. new text end

new text begin Report. new text end

new text begin 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.
new text end

new text begin Subd. 8. new text end

new text begin Expiration. new text end

new text begin 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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new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end