HF 3546

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 05/18/2016 09:05am

A bill for an act
relating to corrections; authorizing county probation officers to supervise adult
felons; amending Minnesota Statutes 2014, sections 244.19, subdivision 1;
244.20.

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

Section 1.

Minnesota Statutes 2014, 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 new text begin , and may provide adult felon probation
services, new text end 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) all probation officers serving the juvenile courts on July 1, 1972, shall continue
to serve in the county or counties they are now serving.

(b) 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.

new text begin (c) State employees displaced by a county's election to provide probation services
under paragraph (a), clause (1) or (2), are on layoff status and, if not hired by a participating
county as provided herein, may exercise their rights under layoff procedures established
by law or union agreement, whichever is applicable, or elect to remain a state employee.
new text end

new text begin (d) State employees displaced by a county's election to provide probation services
under paragraph (a), clause (1) or (2), and hired by the participating county shall retain all
fringe benefits and recall from layoff benefits accrued by seniority and enjoyed by them
while in the service of the state.
new text end

Sec. 2.

Minnesota Statutes 2014, section 244.20, is amended to read:

244.20 PROBATION SUPERVISION.

deleted text begin Notwithstanding deleted text end new text begin Except as provided in new text end 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. 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.