HF 4609

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/24/2022 01:59pm

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 a report; appropriating money; amending Minnesota Statutes
2020, sections 243.05, subdivision 1; 244.05, subdivision 3; 244.19, subdivisions
1, 5; 244.195, subdivision 1, by adding subdivisions; 244.20; 244.21; 401.01;
401.02; 401.04; 401.09; 401.10; 401.11; 401.12; 401.14, subdivisions 1, 3; 401.15,
subdivision 2; 401.16; Minnesota Statutes 2021 Supplement, section 401.06;
repealing Minnesota Statutes 2020, sections 244.19, subdivisions 6, 7, 8; 244.22;
244.24; 244.30; 401.025.

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

Section 1.

Minnesota Statutes 2020, 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.

(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:

(1) the condition of probation that has been violated;

(2) the number of hours of community work service imposed for the violation; and

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

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.

Community work service includes sentencing to service.

(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 chemical dependency 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
in writing to restructure the terms of release, a probation agent must forward a report to the
district court containing:

(1) the specific nature of the technical violation of probation;

(2) the recommended restructure to the terms of probation; and

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

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.

Sec. 2.

Minnesota Statutes 2020, section 244.05, subdivision 3, is amended to read:

Subd. 3.

Sanctions for violation.

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, with or without modifying or enlarging
the conditions imposed on the inmate, or transferring the inmate's case to a specialized
caseload; or

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

Prior to revoking a nonviolent controlled substance an 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 chemical dependency 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.

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 2020, 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) 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) A county or counties providing probation services under paragraph (a), clause (1)
or (2), is designated a "CPO county" for purposes of receiving a grant under chapter 401.
A county or counties receiving probation services under paragraph (a), clause (3), is not
eligible for a grant under chapter 401, and the commissioner of corrections retains the
county's share of funding for the purpose of providing probation services, and authority to
seek reimbursement from the county under subdivision 5.

(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.

(b) (d) 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 2020, section 244.19, subdivision 5, is amended to read:

Subd. 5.

Compensation.

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
necessary expenses incurred in the performance of their official duties. 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, excluding the cost and expense
of services provided under the state's obligation in section 244.20. 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. 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 deposited in the general fund. 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 2020, section 244.195, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) As used in this subdivision and sections 244.196 to
244.1995, 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 section 244.19 or an agency organized under 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) "Probation agency" means the Department of Corrections field office or a probation
agency organized under section 244.19 or chapter 401.

(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.

(i) "Release" means to release from actual custody.

Sec. 6.

Minnesota Statutes 2020, section 244.195, is amended by adding a subdivision to
read:

Subd. 6.

Intermediate sanctions.

(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, to aid
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 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:

(1) the condition of probation that has been violated;

(2) the number of hours of community work service imposed for the violation; and

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

(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.

(c) Community work service includes sentencing to service.

Sec. 7.

Minnesota Statutes 2020, section 244.195, is amended by adding a subdivision to
read:

Subd. 7.

Contacts.

Supervision contacts may be conducted over video conference
technology.

Sec. 8.

Minnesota Statutes 2020, section 244.195, is amended by adding a subdivision to
read:

Subd. 8.

Incentives.

Incidents of supervision success and compliance should be
consistently met with positive incentives.

Sec. 9.

Minnesota Statutes 2020, 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
as community corrections or CPO counties. 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.

Sec. 10.

Minnesota Statutes 2020, 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 as condition of state grant funding under chapter 401.

Subd. 2.

Commissioner of corrections report.

By January 15, 1998 2023, the
commissioner of corrections shall report to the chairs of the senate crime prevention and
house of representatives judiciary legislative committees with jurisdiction over public safety
and finance 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, without requiring service
providers to acquire uniform computer software.

Sec. 11.

Minnesota Statutes 2020, section 401.01, is amended to read:

401.01 PURPOSE AND DEFINITION; ASSISTANCE GRANTS.

Subdivision 1.

Grants.

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 make grants to assist 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. 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.

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) "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).

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

(g) (h) "Joint board" means the board provided in section 471.59.

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

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

(j) (k) "Release" means to release from actual custody.

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

Sec. 12.

Minnesota Statutes 2020, section 401.02, is amended to read:

401.02 COUNTIES OR REGIONS; SERVICES INCLUDABLE.

Subdivision 1.

Qualification of counties or Tribal governments.

(a) One or more
counties, having an aggregate population of 30,000 or more persons, or Tribal governments
may qualify for a grant as provided in section 401.01 by the enactment of appropriate
resolutions creating and establishing a corrections advisory board, designating the officer
or agency to be responsible for administering grant funds, and providing for the preparation
of a comprehensive plan for the development, implementation and operation of the
correctional services described in section sections 401.01 and 401.11, 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.

Where counties or Tribal governments 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.

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 grant 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 community corrections
subsidy grant 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.

Subd. 5.

Intermediate sanctions.

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:

(1) the condition of probation that has been violated;

(2) the number of hours of community work service imposed for the violation; and

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

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.

Community work service includes sentencing to service.

Sec. 13.

Minnesota Statutes 2020, section 401.04, is amended to read:

401.04 ACQUISITION OF PROPERTY; SELECTION OF ADMINISTRATIVE
STRUCTURE; EMPLOYEES.

Any county or group of counties electing to come within the provisions of sections
401.01 to 401.16 may (a) acquire by any lawful means, including purchase, lease or transfer
of custodial control, the lands, buildings and equipment necessary and incident to the
accomplishment of the purposes of sections 401.01 to 401.16, (b) determine and establish
the administrative structure best suited to the efficient administration and delivery of the
correctional services described in section 401.01, and (c) employ a director and other officers,
employees and agents as deemed necessary to carry out the provisions of sections 401.01
to 401.16. To the extent that participating counties shall assume and take over state and
local correctional services presently provided in counties, employment shall be given to
those state and local officers, employees and agents thus displaced; if hired by a county,
employment shall, to the extent possible and notwithstanding the provisions of any other
law or ordinance to the contrary, be deemed a transfer in grade with all of the benefits
enjoyed by such officer, employee or agent while in the service of the state or local
correctional service.

State or local employees displaced by county participation in the subsidy grant program
provided by this chapter 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.

State or local officers and employees displaced by a county's participation in the
Community Corrections Act 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.

Sec. 14.

Minnesota Statutes 2021 Supplement, section 401.06, is amended to read:

401.06 COMPREHENSIVE PLAN; STANDARDS OF ELIGIBILITY;
COMPLIANCE.

No county or group of counties or Tribal government or group of Tribal governments
electing to provide correctional services pursuant to sections 401.01 to 401.16 shall be
eligible for the subsidy grant herein provided unless and until its comprehensive plan shall
have been approved by the commissioner. The commissioner shall, pursuant to the
Administrative Procedure Act, promulgate rules establishing standards of eligibility for
CCA and CPO counties and Tribal governments to receive funds grants under sections
401.01 to 401.16. To remain eligible for subsidy grants counties and Tribal governments
shall maintain substantial compliance with the minimum standards established pursuant to
sections 401.01 to 401.16 and the policies and procedures governing the services described
in section 401.025 as prescribed by the commissioner. Counties shall also be in substantial
compliance with other correctional operating standards permitted by law and established
by the commissioner and shall report statistics required by the commissioner including but
not limited to information on individuals convicted as an extended jurisdiction juvenile
identified in section 241.016, subdivision 1, paragraph (c). The commissioner shall review
annually the comprehensive plans submitted by participating counties and Tribal
governments, including the facilities and programs operated under the plans. The
commissioner is hereby authorized to enter upon any facility operated under the plan, and
inspect books and records, for purposes of recommending needed changes or improvements.
When the commissioner provides supervision to a county who elects not to provide the
supervision, the commissioner shall require Department of Corrections personnel to prepare
a comprehensive plan for the county. The Department of Corrections shall present the
comprehensive plan for the county to the local county board of commissioners. The
Department of Corrections community supervision district office shall be subject to all the
standards and requirements established in sections 401.01 to 401.16 and promulgated rules.

When the commissioner shall determine that there are reasonable grounds to believe
that a county or group of counties or Tribal government or group of Tribal governments is
not in substantial compliance with minimum standards, at least 30 days' notice shall be
given the county or counties or Tribal government or Tribal governments and a hearing
conducted by the commissioner to ascertain whether there is substantial compliance or
satisfactory progress being made toward compliance. The commissioner may suspend all
or a portion of any subsidy grant until the required standard of operation has been met.

Sec. 15.

Minnesota Statutes 2020, 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 grant or 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 grant
due and payable to the county or counties concerned; provided that no contract shall exceed
in cost the amount of subsidy grant to which the participating county or counties are eligible.

Sec. 16.

Minnesota Statutes 2020, section 401.10, is amended to read:

401.10 COMMUNITY CORRECTIONS AID.

Subdivision 1.

Aid calculations Funding formula.

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

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

(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;

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

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

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

(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.

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.

(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.

(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.

(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."

(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."

(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."

(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.

(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).

(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.

(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."

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.

(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.

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.

(a) The state shall institute one funding formula for supervising people in the community.
For fiscal years 2022 and 2023, the commissioner shall use the following formula to
determine each county and Tribal government grant and the department's funding for
supervision in counties or Tribal jurisdictions served by the department. Funding and
allocations for intensive supervised release are not included in the formula and regardless
of the results of the formula, the commissioner shall provide full 50 percent funding to CPO
counties as previously required in section 244.19, subdivision 6. The following amounts
shall be summed to arrive at the total for a county, Tribal government, or the department:

(1) $250,000;

(2) 10 percent of the total appropriation for community supervision and postrelease
services to the department for community supervision in fiscal year 2022 multiplied by the
county's or Tribe's percentage of the state's total population;

(3) 10 percent of the total appropriation to the department for community supervision
in fiscal year 2022 multiplied by the county's or Tribe's percentage of the state's total
geographic area;

(4) the result of the following methodology:

(i) use the county's felony supervision population as reflected in the most recent probation
survey by the department and analysis conducted in 2021 by an independent contractor;

(ii) use the hours required to supervise the felony population based on 2,080 hours of
officer FTE time in one year;

(iii) compute an average FTE time for the county for one year; and

(iv) assume a $100,000 cost for each officer FTE and multiply that amount by the average
FTE time for the county for one year; and

(5) the department may prorate the total amount distributed in clauses (2), (3), and (4),
as necessary, so as to not exceed the total appropriation for fiscal year 2023.

(b) For use in fiscal year 2024 and beyond, to replace the methodology in paragraph (a),
clause (4), the state shall implement a workload methodology developed by the Supervision
Standards Committee to calculate the average per diem costs of supervising people in
communities and accounting for people of different risk and need levels who are: juveniles;
on probation for a misdemeanor; on probation for a gross misdemeanor; on probation for
a felony; on supervised or conditional release; or on intensive conditional release. The
Department of Corrections and the Supervision Standards Committee shall report the
methodology and the calculated fiscal impacts of the formula described in this paragraph
estimated for each of fiscal years 2024, 2025, 2026, and 2027 to the chairs and ranking
minority members of the legislative committees with jurisdiction over public safety finance
and policy, to the governor, and to the Department of Management and Budget by October
15, 2022, for consideration in biennial budget development under section 16A.10, subdivision
2.

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, including funds available due the withdrawal of a county under section 401.16, 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.

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,
must review the formula in subdivision 1 and make recommendations to the legislature for
its continuation, modification, replacement, or discontinuation. (a) For fiscal year 2024 and
subsequent fiscal years, the commissioner shall make a funding recommendation based
upon the following two components:

(1) for the first component the following amounts shall be summed to arrive at the total
for a county, Tribal government, or the department:

(i) $250,000;

(ii) 10 percent of the total appropriation to the department for community supervision
in the previous fiscal year multiplied by the county's percentage of the state's total population;
and

(iii) 10 percent of the total appropriation to the department for community supervision
in the previous fiscal year multiplied by the county's percentage of the state's total geographic
area; and

(2) for the second component funding shall reflect the results of the workload study in
subdivision, paragraph (b).

(b) Every six years the workload study shall be repeated and updated.

(c) Every six years the $250,000 shall be adjusted for inflation by Minnesota Management
and Budget.

Sec. 17.

Minnesota Statutes 2020, section 401.11, is amended to read:

401.11 COMPREHENSIVE PLAN ITEMS; GRANT REVIEW.

Subdivision 1.

Items.

The comprehensive plan submitted to the commissioner for
approval shall include those items prescribed by rule of the commissioner, which may
require the inclusion of the following: (a) 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; (b) the manner in which conditional release services to the courts and
persons under jurisdiction of the commissioner of corrections will be provided; (c) a program
for the detention, supervision, and treatment of persons under pretrial detention or under
commitment; (d) delivery of other correctional services defined in section 401.01; (e)
proposals for new programs, which proposals must demonstrate a need for the program, its
purpose, objective, administrative structure, staffing pattern, staff training, financing,
evaluation process, degree of community involvement, client participation, and duration of
program.

Subd. 2.

Review.

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

Sec. 18.

Minnesota Statutes 2020, section 401.12, is amended to read:

401.12 CONTINUATION OF CURRENT SPENDING LEVEL BY COUNTIES.

Participating counties shall not diminish their current level of spending for correctional
expenses as defined in section 401.01, to the extent of any subsidy grant received pursuant
to sections 401.01 to 401.16; rather the subsidy grant herein provided is for the expenditure
for correctional purposes in excess of those funds currently being expended. Should a
participating county be unable to expend the full amount of the subsidy grant to which it
would be entitled in any one year under the provisions of sections 401.01 to 401.16, the
commissioner shall retain the surplus, subject to disbursement in the following year wherein
such county can demonstrate a need for and ability to expend same for the purposes provided
in section 401.01. If in any biennium the subsidy grant is increased by an inflationary
adjustment which results in the county receiving more actual subsidy grant than it did in
the previous calendar year, the county shall be eligible for that increase only if the current
level of spending is increased by a percentage equal to that increase within the same
biennium.

Sec. 19.

Minnesota Statutes 2020, section 401.14, subdivision 1, is amended to read:

Subdivision 1.

Payment.

Upon compliance by a county or group of counties with the
prerequisites for participation in the subsidy grant prescribed by sections 401.01 to 401.16,
and approval of the comprehensive plan by the commissioner, the commissioner shall
determine whether funds exist for the payment of the subsidy grant and proceed to pay same
in accordance with applicable rules.

Sec. 20.

Minnesota Statutes 2020, 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. The payment described in this subdivision for services rendered
during June 1985 shall be made on the first working day of July 1985.

Sec. 21.

Minnesota Statutes 2020, section 401.15, subdivision 2, is amended to read:

Subd. 2.

Ranking review.

The commissioner shall biennially review the ranking accorded
each county by the equalization formula provided in section 401.10 and compute the subsidy
grant rate accordingly.

Sec. 22.

Minnesota Statutes 2020, section 401.16, is amended to read:

401.16 WITHDRAWAL FROM PROGRAM.

Any participating county or Tribal government may, at the beginning of any calendar
quarter, by resolution of its board of commissioners or Tribal government leaders, notify
the commissioner of its intention to withdraw from the subsidy grant program established
by sections 401.01 to 401.16, and the withdrawal shall be effective the last day of the last
month of the quarter in which the notice was given. 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.

Sec. 23. SUPERVISION STANDARDS COMMITTEE.

Subdivision 1.

Establishment; members.

(a) The commissioner of corrections shall
establish a supervision standards committee to develop standards for probation, supervised
release, and community supervision. The committee consists of 13 members as follows:

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

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

(3) two county commissioner representatives appointed by the Association of Minnesota
Counties;

(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;

(5) two representatives appointed by the Minnesota Indian Affairs Council;

(6) the commissioner of corrections or designee and one additional representative of the
department appointed by the commissioner; and

(7) the chair of the statewide evidence-based practice advisory committee.

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

(c) The commissioner shall convene the first meeting of the committee on or before
October 15, 2022.

Subd. 2.

Terms; removal; reimbursement.

(a) Each appointed member shall serve
while the member occupies the position which made the member eligible for the appointment.
Each member shall continue in office until a successor is duly appointed. In the case of a
vacancy on the committee, the appointing authority shall appoint a person to fill the vacancy.
The members of the committee shall elect any officers and create any subcommittees
necessary for the efficient discharge of committee duties.

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

(c) A member of the committee shall 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 shall be compensated
at the rate of $55 for each day or part thereof spent on committee activities.

Subd. 3.

Duties.

The committee shall:

(1) develop statewide supervision standards and definitions across the three delivery
systems;

(2) require community supervision agencies to use one 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;

(3) require 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;

(4) limit standard conditions required for all people on supervision across all supervision
systems and judicial districts, ensure that conditions of supervision are directly related to
the offense of the person on supervision, and tailor special conditions to people on supervision
identified as high need;

(5) provide gender-responsive, culturally appropriate services and trauma-informed
approaches;

(6) develop 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;

(7) develop performance indicators for supervision success as well as recidivism; and

(8) explore the role and duties of a permanent state Community Supervision Advisory
Board.

Subd. 4.

Staff; meeting room; office equipment.

The commissioner shall provide the
committee with staff support, a meeting room, and access to office equipment and services.

Subd. 5.

Report.

(a) Beginning on January 15, 2023, the committee shall submit a
quarterly report with detailed information on the progress being made on its duties under
subdivision 3 to the Governor's Council on Justice Reinvestment.

(b) On January 15, 2024, the committee shall submit a report to the chairs and ranking
minority members of the legislative committees with jurisdiction over public safety and
finance and the Governor's Council on Justice Reinvestment on progress regarding the
development of standards and recommendations under subdivision 3.

(c) On January 15, 2025, the committee shall submit a final report to the chairs and
ranking minority members of the legislative committees with jurisdiction over public safety
and finance and the Governor's Council on Justice Reinvestment on the standards and
recommendations developed according to subdivision 3. The recommendations must include
at a minimum a proposed state-level Community Supervision Advisory Board with a
governance structure and duties for the board.

Subd. 6.

Expiration.

The supervision standards committee expires the earlier of January
16, 2025, or the day after the final report is submitted to the legislature and the Governor's
Council on Justice Reinvestment.

Sec. 24. APPROPRIATION.

(a) $25,300,000 in fiscal year 2023 is appropriated from the general fund to the
commissioner of corrections for probation and supervised release. Of this amount:

(1) $21,300,000 is for services provided by the Department of Corrections Field Services,
County Probation Officers, and Community Corrections Act counties;

(2) $2,000,000 is for quality assurance, coaching, and training; and

(3) $2,000,000 is for revocation caseloads.

(b) This appropriation is added to the base.

Sec. 25. REPEALER.

Minnesota Statutes 2020, sections 244.19, subdivisions 6, 7, and 8; 244.22; 244.24;
244.30; and 401.025, are repealed.

APPENDIX

Repealed Minnesota Statutes: 22-07152

244.19 PROBATION OFFICERS.

Subd. 6.

Reimbursement of counties.

In order to reimburse the counties for the cost which they assume under this section of providing probation and parole services to wards of the commissioner of corrections and to aid the counties in achieving the purposes of this section, the commissioner of corrections shall annually, from funds appropriated for that purpose, pay 50 percent of the costs of probation officers' salaries to all counties of not more than 200,000 population. Nothing in this section will invalidate any payments to counties made pursuant to this section before May 15, 1963. Salary costs include fringe benefits, but only to the extent that fringe benefits do not exceed those provided for state civil service employees. On or before July 1 of each even-numbered year each county or group of counties which provide their own probation services to the district court under subdivision 1, clause (1) or (2), shall submit to the commissioner of corrections an estimate of its costs under this section. Reimbursement to those counties shall be made on the basis of the estimate or actual expenditures incurred, whichever is less. Reimbursement for those counties which obtain probation services from the commissioner of corrections pursuant to subdivision 1, clause (3), must be made on the basis of actual expenditures. Salary costs shall not be reimbursed unless county probation officers are paid salaries commensurate with the salaries paid to comparable positions in the classified service of the state civil service. The salary range to which each county probation officer is assigned shall be determined by the authority having power to appoint probation officers, and shall be based on the officer's length of service and performance. The appointing authority shall annually assign each county probation officer to a position on the salary scale commensurate with the officer's experience, tenure, and responsibilities. The judge shall file with the county auditor an order setting each county probation officer's salary. Time spent by a county probation officer as a court referee shall not qualify for reimbursement. Reimbursement shall be prorated if the appropriation is insufficient. A new position eligible for reimbursement under this section may not be added by a county without the written approval of the commissioner of corrections. When a new position is approved, the commissioner shall include the cost of the position in calculating each county's share.

Subd. 7.

Certificate of counties entitled to state aid.

On or before January 1 of each year, until 1970 and on or before April 1 thereafter, the commissioner of corrections shall deliver to the commissioner of management and budget a certificate in duplicate for each county of the state entitled to receive state aid under the provisions of this section. Upon the receipt of such certificate, the commissioner of management and budget shall issue a payment to the county treasurer for the amount shown by each certificate to be due to the county specified. The commissioner of management and budget shall transmit such payment to the county treasurer together with a copy of the certificate prepared by the commissioner of corrections.

Subd. 8.

Exception.

This section shall not apply to Ramsey County.

244.22 PROBATION SERVICE PROVIDERS; CASELOAD REDUCTION GRANT MONEY.

(a) The commissioner of corrections shall review the planned expenditures of probation service providers before allocating probation caseload reduction grants appropriated by the legislature. The review must determine whether the planned expenditures comply with applicable law.

(b) In counties where probation services are provided by both county and Department of Corrections employees, a collaborative plan addressing the local needs shall be developed. The commissioner of corrections shall specify the manner in which probation caseload reduction grant money shall be distributed between the providers according to the approved plan.

244.24 CLASSIFICATION SYSTEM FOR ADULT OFFENDERS.

By February 1, 1998, all probation agencies shall adopt written policies for classifying adult offenders. The commissioner of corrections shall assist probation agencies in locating organizations that may provide training and technical assistance to the agencies concerning methods to develop and implement effective, valid classification systems.

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.

401.025 DETENTION AND RELEASE; PROBATIONERS, CONDITIONAL RELEASEES, AND PRETRIAL RELEASEES.

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. 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.

Subd. 2.

Peace officers and probation officers in other counties and state correctional investigators.

(a) 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 state correctional investigator or any peace officer, probation officer, or county probation officer from another county to detain a person under sentence or on probation who:

(1) fails to report to serve a sentence at a local correctional facility;

(2) fails to return from furlough or authorized temporary release from a local correctional facility;

(3) escapes from a local correctional facility; or

(4) absconds from court-ordered home detention.

(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 any state correctional investigator or any peace officer, probation officer, or county probation officer from another county to detain any person on court-ordered pretrial release who absconds from pretrial release or fails to abide by the conditions of pretrial release.

(c) A written order issued under paragraph (a) or (b) is sufficient authority for the state correctional investigator, peace officer, probation officer, or county probation officer to detain the person.

Subd. 3.

Offenders under Department of Corrections commitment.

CCA counties shall comply with the policies prescribed by the commissioner when providing supervision and other correctional services to persons conditionally released pursuant to sections 241.26, 242.19, 243.05, 243.1605, 244.05, and 244.065, including intercounty transfer of persons on conditional release and the conduct of presentence investigations.