HF 1864

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/16/2023 01:41pm

A bill for an act
relating to corrections; authorizing Tribal Nations to provide delivery of probation
and post release prison supervision through the Tribal Nation's community
supervision department; amending Minnesota Statutes 2022, sections 244.19;
401.01, subdivisions 1, 2; 401.02, subdivisions 1, 2, 3; 401.025; 401.04; 401.05,
subdivision 1; 401.06; 401.08, subdivisions 2, 4; 401.09; 401.10, subdivision 1;
401.12; 401.14, subdivisions 1, 3; 401.15, subdivision 1; 401.16.

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

Section 1.

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

244.19 PROBATION OFFICERS.

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;

new text begin (5) for persons that are enrolled or eligible to be enrolled in a federally recognized Tribal
Nation within the boundaries of the state of Minnesota, or residing within a household of
an enrolled member, a federal recognized Tribal Nation within the bounds of the state of
Minnesota, may elect to provide probation services within the county in which the person
resides; and
new text end

deleted text begin (5) deleted text end new text begin (6) new text end 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 Subd. 1a. new text end

new text begin Definition. new text end

new text begin (a) For the purposes of sections 244.19 and 401.01 to 401.16, the
term in this subdivision has the meaning given.
new text end

new text begin (b) "Tribal Nation" means a federally recognized Tribal Nation within the boundaries
of the state of Minnesota.
new text end

Subd. 2.

Sufficiency of services.

Probation services shall be sufficient in amount to
meet the needs of the district court in each county. County probation officers serving district
courts in all counties of not more than 200,000 population shall also, pursuant to subdivision
3, provide probation and parole services to wards of the commissioner of corrections resident
in their counties. To provide these probation services counties containing a city of 10,000
or more population shall, as far as practicable, have one probation officer for not more than
35,000 population; in counties that do not contain a city of such size, the commissioner of
corrections shall, after consultation with the chief judge of the district court new text begin , new text end deleted text begin and deleted text end the county
commissioners new text begin , or Tribal Nation through an approved plan, new text end and in the light of experience,
establish probation districts to be served by one officer.

All probation officers appointed for any district court or deleted text begin community deleted text end new text begin county new text end corrections
agency new text begin , including Tribal Nations, new text end shall be selected from a list of eligible candidates deleted text begin who
have deleted text end new text begin . Those candidates must be new text end minimally qualified according to the same or equivalent
examining procedures as used by the commissioner of management and budget to certify
deleted text begin eligibles deleted text end new text begin eligibility new text end to the commissioner of corrections in appointing parole agents deleted text begin , and the
Department of Management and Budget shall furnish the names of such candidates on
request deleted text end . This subdivision shall not apply to a political subdivision having a civil service or
merit system unless the subdivision elects to be covered by this subdivision.

Subd. 3.

Powers and duties.

All county new text begin or Tribal Nation new text end probation officers serving a
district court shall act under the orders of the court in reference to any person committed
to their care by the court, and in the performance of their duties shall have the general powers
of a peace officer; and it shall be their duty to make such investigations with regard to any
person as may be required by the court before, during, or after the trial or hearing, and to
furnish to the court such information and assistance as may be required; to take charge of
any person before, during or after trial or hearing when so directed by the court, and to keep
such records and to make such reports to the court as the court may order. new text begin Tribal Nations
providing probation services shall have the same general powers provided to county probation
officers defined within statute or rules.
new text end

All county new text begin or Tribal Nation new text end probation officers serving a district court shall, in addition,
provide probation and parole services to wards of the commissioner of corrections resident
in the counties they serve, and shall act under the orders of said commissioner of corrections
in reference to any ward committed to their care by the commissioner of corrections.

All probation officers serving a district court shall, under the direction of the authority
having power to appoint them, initiate programs for the welfare of persons coming within
the jurisdiction of the court to prevent delinquency and crime and to rehabilitate within the
community persons who come within the jurisdiction of the court and are properly subject
to efforts to accomplish prevention and rehabilitation. They shall, under the direction of the
court, cooperate with all law enforcement agencies, schools, child welfare agencies of a
public or private character, and other groups concerned with the prevention of crime and
delinquency and the rehabilitation of persons convicted of crime and delinquency.

All probation officers serving a district court shall make monthly and annual reports to
the commissioner of corrections, on forms furnished by the commissioner, containing such
information on number of cases cited to the juvenile division of district court, offenses,
adjudications, dispositions, and related matters as may be required by the commissioner of
corrections. The reports shall include the information on individuals convicted as an extended
jurisdiction juvenile identified in section 241.016, subdivision 1, paragraph (c).

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. 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 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.

Subd. 6.

Reimbursement of counties new text begin or Tribal Nations new text end .

In order to reimburse the
counties new text begin or a Tribal Nation new text end 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 new text begin and specifically new text end for deleted text begin that purpose deleted text end new text begin counties or a Tribal
Nation new text end , 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 new text begin
or Tribal Nations new text end 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 new text begin or Tribal Nations new text end 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 new text begin or Tribal
Nations new text end 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 new text begin or Tribal Nation new text end probation officer
to a position on the salary scale commensurate with the officer's experience, tenure, and
responsibilities. new text begin For county provided probation officers, new text end 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 new text begin for counties or Tribal Nations new text end is insufficient. A new
position eligible for reimbursement under this section may not be added by a county new text begin or
Tribal Nation new text end 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 new text begin or Tribal Nation's new text end 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 new text begin or a Tribal Nation new text end together with a copy of the certificate prepared
by the commissioner of corrections.

Subd. 8.

Exception.

This section shall not apply to Ramsey County.

Sec. 2.

Minnesota Statutes 2022, section 401.01, subdivision 1, is amended to read:

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 new text begin or federally recognized Tribal nations within
the boundaries of the state of Minnesota new text end 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.

Sec. 3.

Minnesota Statutes 2022, section 401.01, subdivision 2, is amended to read:

Subd. 2.

Definitions.

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

(b) "CCA deleted text begin county deleted text end new text begin jurisdiction new text end " means a county new text begin or federally recognized Tribal nations
within the boundaries of the state of Minnesota new text end that participates in the Community
Corrections Act.

new text begin (c) "Tribal nation" means a federal recognized Tribal nation within the bounds of the
state of Minnesota.
new text end

deleted text begin (c) deleted text end new text begin (d) new text end "Commissioner" means the commissioner of corrections or a designee.

deleted text begin (d) deleted text end new text begin (e) new text end "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.

deleted text begin (e) deleted text end new text begin (f) new text end "County probation officer" means a probation officer appointed new text begin and defined new text end under
section 244.19.

deleted text begin (f) deleted 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.

Sec. 4.

Minnesota Statutes 2022, section 401.02, subdivision 1, is amended to read:

Subdivision 1.

Qualification of counties new text begin or Tribal nation 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 nations new text end 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 401.01, including the assumption of those correctional services,
other than the operation of state facilities, presently provided in such counties by the
Department of Corrections, new text begin or for Tribal nations, probation services within a Tribal nation new text end
and providing for centralized administration and control of those correctional services
described in section 401.01.

Where counties 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.

Sec. 5.

Minnesota Statutes 2022, section 401.02, subdivision 2, is amended to read:

Subd. 2.

Planning counties; advisory board members expenses.

To assist counties new text begin
or Tribal nations new text end 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 new text begin or Tribal nations new text end as "planning counties", and, upon receipt of
resolutions by the governing boards of the counties new text begin or Tribal nations new text end certifying the need for
and inability to pay the expenses described in this subdivision, advance to the counties new text begin or
Tribal nations new text end an amount not to exceed five percent of the maximum quarterly subsidy for
which the counties new text begin or Tribal nations new text end are eligible. The expenses described in this subdivision
shall be paid in the same manner and amount as for state employees.

Sec. 6.

Minnesota Statutes 2022, section 401.02, subdivision 3, is amended to read:

Subd. 3.

Establishment and reorganization of administrative structure.

Any county new text begin ,
Tribal nation, new text end or group of counties which have qualified for participation in the community
corrections 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.

Sec. 7.

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

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

Subdivision 1.

Peace officers and probation officers serving CCA deleted text begin counties deleted text end new text begin
jurisdictions new text end .

(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 deleted text begin county deleted text end new text begin jurisdiction new text end 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
deleted text begin county deleted text end new text begin jurisdiction new text end 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
deleted text begin county deleted text end new text begin jurisdiction new text end 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 deleted text begin county deleted text end new text begin jurisdiction new text end 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
deleted text begin county deleted text end new text begin jurisdiction new text end 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 deleted text begin counties deleted text end new text begin
jurisdictions new text end 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.

Sec. 8.

Minnesota Statutes 2022, section 401.04, is amended to read:

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

Any county or group of counties new text begin or a Tribal nation new text end 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 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. 9.

Minnesota Statutes 2022, section 401.05, subdivision 1, is amended to read:

Subdivision 1.

Authorization to use and accept funds.

Any deleted text begin county deleted text end new text begin CCA jurisdiction new text end
or group of counties electing to come within the provisions of sections 401.01 to 401.16
may, through their governing bodies, use unexpended funds; accept gifts, grants, and
subsidies from any lawful source; and apply for and accept federal funds.

Sec. 10.

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

401.06 COMPREHENSIVE PLAN; STANDARDS OF ELIGIBILITY;
COMPLIANCE.

No county new text begin , Tribal nation, new text end or group of counties electing to provide correctional services
pursuant to sections 401.01 to 401.16 shall be eligible for the subsidy 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 counties new text begin or Tribal nations new text end to receive funds under
sections 401.01 to 401.16. To remain eligible for subsidy deleted text begin counties deleted text end new text begin CCA jurisdictions new text end 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 deleted text begin counties deleted text end new text begin CCA jurisdictions new text end , 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 shall determine that there are reasonable grounds to believe
that a deleted text begin county deleted text end new text begin CCA jurisdiction new text end or group of counties is not in substantial compliance with
minimum standards, at least 30 days' notice shall be given new text begin to new text end the deleted text begin county or counties deleted text end new text begin CCA
jurisdiction new text end 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 until the required standard of
operation has been met.

Sec. 11.

Minnesota Statutes 2022, section 401.08, subdivision 2, is amended to read:

Subd. 2.

Appointment; terms.

The members of the corrections advisory board shall be
appointed by the board of county commissioners deleted text begin or deleted text end new text begin , new text end the joint board in the case of multiple
counties new text begin , or a Tribal nation new text end and shall serve for terms of two years from and after the date
of their appointment, and shall remain in office until their successors are duly appointed.
The board may elect its own officers.

Sec. 12.

Minnesota Statutes 2022, section 401.08, subdivision 4, is amended to read:

Subd. 4.

Comprehensive plan.

The corrections advisory board provided in sections
401.01 to 401.16, shall actively participate in the formulation of the comprehensive plan
for the development, implementation, and operation of the correctional program and services
described in section 401.01, and shall make a formal recommendation to the county board new text begin ,
Tribal governance, new text end or joint board at least annually concerning the comprehensive plan and
its implementation during the ensuing year.

Sec. 13.

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

401.09 OTHER SUBSIDY PROGRAMS; PURCHASE OF STATE SERVICES.

Failure of a deleted text begin county deleted text end new text begin CCA jurisdiction new text end 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
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. 14.

Minnesota Statutes 2022, section 401.10, subdivision 1, is amended to read:

Subdivision 1.

Aid calculations.

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.

new text begin For each Minnesota federally recognized Tribal nation, a base funding amount of
$250,000 shall be allotted annually through legislative appropriation to each Tribal nation
for the purchase of probation services regardless of a CCA jurisdiction. An additional
formula amount as appropriated through legislation shall be developed and approved by
the commissioner of corrections for equitable distribution for Tribal nations under a CCA
jurisdiction.
new text end

Sec. 15.

Minnesota Statutes 2022, section 401.12, is amended to read:

401.12 CONTINUATION OF CURRENT SPENDING LEVEL BY COUNTIES.

Participating counties new text begin or Tribal nations new text end shall not diminish their current level of spending
for correctional expenses as defined in section 401.01, to the extent of any subsidy received
pursuant to sections 401.01 to 401.16; rather the subsidy herein provided is for the
expenditure for correctional purposes in excess of those funds currently being expended.
Should a participating deleted text begin county deleted text end new text begin CCA jurisdiction new text end be unable to expend the full amount of the
subsidy 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 deleted text begin county deleted text end new text begin CCA jurisdiction new text end can demonstrate a need for and ability to expend
same for the purposes provided in section 401.01. If in any biennium the subsidy is increased
by an inflationary adjustment which results in the deleted text begin county deleted text end new text begin CCA jurisdiction new text end receiving more
actual subsidy than it did in the previous calendar year, the deleted text begin county deleted text end new text begin CCA jurisdiction new text end 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. 16.

Minnesota Statutes 2022, section 401.14, subdivision 1, is amended to read:

Subdivision 1.

Payment.

Upon compliance by a deleted text begin county deleted text end new text begin CCA jurisdiction new text end or group of
counties with the prerequisites for participation in the subsidy 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 and proceed to pay same
in accordance with applicable rules.

Sec. 17.

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 deleted text begin county deleted text end new text begin CCA jurisdiction new text end 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 deleted text begin county deleted text end new text begin CCA jurisdiction new text end 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. 18.

Minnesota Statutes 2022, section 401.15, subdivision 1, is amended to read:

Subdivision 1.

Certified statements; determinations; adjustments.

Within 60 days
of the end of each calendar quarter, participating deleted text begin counties deleted text end new text begin CCA jurisdictions new text end which have
received the payments authorized by section 401.14 shall submit to the commissioner
certified statements detailing the amounts expended and costs incurred in furnishing the
correctional services provided in sections 401.01 to 401.16. Upon receipt of certified
statements, the commissioner shall, in the manner provided in sections 401.10 and 401.12,
determine the amount each participating county is entitled to receive, making any adjustments
necessary to rectify any disparity between the amounts received pursuant to the estimate
provided in section 401.14 and the amounts actually expended. If the amount received
pursuant to the estimate is greater than the amount actually expended during the quarter,
the commissioner may withhold the difference from any subsequent monthly payments
made pursuant to section 401.14. Upon certification by the commissioner of the amount a
participating deleted text begin county deleted text end new text begin CCA jurisdiction new text end is entitled to receive under the provisions of section
401.14 or of this subdivision the commissioner of management and budget shall thereupon
issue a payment to the chief fiscal officer of each participating deleted text begin county deleted text end new text begin CCA jurisdiction new text end for
the amount due together with a copy of the certificate prepared by the commissioner.

Sec. 19.

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

401.16 WITHDRAWAL FROM PROGRAM.

Any participating deleted text begin county deleted text end new text begin CCA jurisdiction new text end may, at the beginning of any calendar quarter,
by resolution of its board of commissioners, new text begin or Tribal council shall 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 new text begin at least six months of new text end 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.