1.1                          A bill for an act 
  1.2             relating to corrections; authorizing the commissioner 
  1.3             of corrections to establish and operate alternative 
  1.4             residential programs for juveniles; deleting a 
  1.5             reference to a closed correctional facility; changing 
  1.6             the data collection date for the Interstate Compact 
  1.7             for Supervision of Parolees and Probationers Report; 
  1.8             requiring an offender in phase II of the challenge 
  1.9             incarceration program to report to an agent or program 
  1.10            staff; requiring that pretrial diversion reports 
  1.11            prepared by county attorneys be submitted to the state 
  1.12            court administrator; appropriating money; amending 
  1.13            Minnesota Statutes 1998, sections 242.32, by adding a 
  1.14            subdivision; 242.55; 243.162, subdivision 3; 244.172, 
  1.15            subdivision 2; and 401.065, subdivision 4; Laws 1999, 
  1.16            chapter 216, article 1, section 13, subdivision 4. 
  1.17  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.18     Section 1.  Minnesota Statutes 1998, section 242.32, is 
  1.19  amended by adding a subdivision to read: 
  1.20     Subd. 1a.  [ALTERNATIVE RESIDENTIAL PROGRAMS; FUNDING.] The 
  1.21  commissioner of corrections may establish and operate 
  1.22  alternative residential programs for juveniles.  Programming is 
  1.23  available to court and social service agencies for placement of 
  1.24  juveniles to act as early intervention in juvenile crime.  The 
  1.25  commissioner shall require participating state or federal 
  1.26  agencies and local units of government to pay the cost of the 
  1.27  program.  Funds received by the commissioner for the cost of the 
  1.28  program from state and federal agencies and local units of 
  1.29  government under this subdivision must be deposited in the state 
  1.30  treasury and credited to a special account.  Money in the 
  1.31  account is appropriated to the commissioner to fund the program. 
  2.1      Sec.  2.  Minnesota Statutes 1998, section 242.55, is 
  2.2   amended to read: 
  2.3      242.55 [ACADEMIC PROGRAM.] 
  2.4      The academic program at the Minnesota correctional 
  2.5   facility-Red Wing and the Minnesota correctional facility-Sauk 
  2.6   Centre shall be conducted on a 12-month basis. 
  2.7      Sec. 3.  Minnesota Statutes 1998, section 243.162, 
  2.8   subdivision 3, is amended to read: 
  2.9      Subd. 3.  [REPORTS.] The commissioner of corrections shall 
  2.10  collect the data required under subdivision 2 for all years 
  2.11  beginning in 1990.  The commissioner shall report to the 
  2.12  legislature by February 15, 1996, the data collected for years 
  2.13  1990 to 1995.  The commissioner shall report data collected for 
  2.14  each subsequent year to the legislature by January March 15 of 
  2.15  each odd-numbered year. 
  2.16     Sec. 4.  Minnesota Statutes 1998, section 244.172, 
  2.17  subdivision 2, is amended to read: 
  2.18     Subd. 2.  [PHASE II.] Phase II of the program lasts at 
  2.19  least six months.  The offender shall serve this phase of the 
  2.20  offender's sentence in an intensive supervision and surveillance 
  2.21  program established by the commissioner.  The commissioner may 
  2.22  impose such requirements on the offender as are necessary to 
  2.23  carry out the goals of the program.  Throughout phase II, the 
  2.24  offender must be required to submit to drug and alcohol tests 
  2.25  randomly or for cause, on demand of the supervising agent.  The 
  2.26  commissioner shall also require the offender to report daily to 
  2.27  a day-reporting facility designated by the commissioner 
  2.28  challenge incarceration agent or program staff. 
  2.29     Sec. 5.  Minnesota Statutes 1998, section 401.065, 
  2.30  subdivision 4, is amended to read: 
  2.31     Subd. 4.  [REPORTS.] By January 1, 1995, and biennially 
  2.32  thereafter, each county attorney shall report to the department 
  2.33  of corrections state court administrator and the legislature on 
  2.34  the operation of a pretrial diversion program required by this 
  2.35  section.  The report shall include a description of the program, 
  2.36  the number of offenders participating in the program, the number 
  3.1   and characteristics of the offenders who successfully complete 
  3.2   the program, the number and characteristics of the offenders who 
  3.3   fail to complete the program, and an evaluation of the program's 
  3.4   effect on the operation of the criminal justice system in the 
  3.5   county. 
  3.6      Sec. 6.  Laws 1999, chapter 216, article 1, section 13, 
  3.7   subdivision 4, is amended to read: 
  3.8   Subd. 4.  Community Services 
  3.9                 Summary by Fund
  3.10  General              95,327,000    97,416,000
  3.11  Special Revenue          90,000        90,000
  3.12  All money received by the commissioner 
  3.13  of corrections pursuant to the domestic 
  3.14  abuse investigation fee under Minnesota 
  3.15  Statutes, section 609.2244, is 
  3.16  available for use by the commissioner 
  3.17  and is appropriated annually to the 
  3.18  commissioner of corrections for costs 
  3.19  related to conducting the 
  3.20  investigations. 
  3.21  $500,000 the first year and $500,000 
  3.22  the second year are for increased 
  3.23  funding for intensive community 
  3.24  supervision. 
  3.25  $1,500,000 the first year and 
  3.26  $3,500,000 the second year are for a 
  3.27  statewide probation and supervised 
  3.28  release caseload and workload reduction 
  3.29  grant program.  Counties that deliver 
  3.30  correctional services through Minnesota 
  3.31  Statutes, chapter 244, and that qualify 
  3.32  for new probation officers under this 
  3.33  program shall receive full 
  3.34  reimbursement for the officers' 
  3.35  salaries and reimbursement for the 
  3.36  officers' benefits and support as set 
  3.37  forth in the probations standards task 
  3.38  force report, not to exceed $70,000 per 
  3.39  officer annually.  Positions funded by 
  3.40  this appropriation may not supplant 
  3.41  existing services.  Position control 
  3.42  numbers for these positions must be 
  3.43  annually reported to the commissioner 
  3.44  of corrections. 
  3.45  The commissioner shall distribute money 
  3.46  appropriated for state and county 
  3.47  probation officer caseload and workload 
  3.48  reduction, increased supervised release 
  3.49  and probation services, and county 
  3.50  probation officer reimbursement 
  3.51  according to the formula contained in 
  3.52  Minnesota Statutes, section 401.10.  
  3.53  These appropriations may not be used to 
  3.54  supplant existing state or county 
  3.55  probation officer positions or existing 
  3.56  correctional services or programs.  The 
  3.57  money appropriated under this provision 
  4.1   is intended to reduce state and county 
  4.2   probation officer caseload and workload 
  4.3   overcrowding and to increase 
  4.4   supervision of individuals sentenced to 
  4.5   probation at the county level.  This 
  4.6   increased supervision may be 
  4.7   accomplished through a variety of 
  4.8   methods, including, but not limited to: 
  4.9   (1) innovative technology services, 
  4.10  such as automated probation reporting 
  4.11  systems and electronic monitoring; 
  4.12  (2) prevention and diversion programs; 
  4.13  (3) intergovernmental cooperation 
  4.14  agreements between local governments 
  4.15  and appropriate community resources; 
  4.16  and 
  4.17  (4) traditional probation program 
  4.18  services. 
  4.19  By January 15, 2001, the commissioner 
  4.20  of corrections shall report to the 
  4.21  chairs and ranking minority members of 
  4.22  the senate and house committees and 
  4.23  divisions having jurisdiction over 
  4.24  criminal justice funding on the 
  4.25  outcomes achieved through the use of 
  4.26  state probation caseload reduction 
  4.27  appropriations made since 1995.  The 
  4.28  commissioner shall, to the extent 
  4.29  possible, include an analysis of the 
  4.30  ongoing results relating to the 
  4.31  measures described in the uniform 
  4.32  statewide probation outcome measures 
  4.33  workgroup's 1998 report to the 
  4.34  legislature. 
  4.35  $150,000 each year is for a grant to 
  4.36  the Dodge-Filmore-Olmsted community 
  4.37  corrections agency for a pilot project 
  4.38  to increase supervision of sex 
  4.39  offenders who are on probation, 
  4.40  intensive community supervision, 
  4.41  supervised release, or intensive 
  4.42  supervised release by means of caseload 
  4.43  reduction.  The grant shall be used to 
  4.44  reduce the number of offenders 
  4.45  supervised by officers with specialized 
  4.46  caseloads to an average of 35 
  4.47  offenders.  This is a one-time 
  4.48  appropriation.  The grant recipient 
  4.49  shall report by January 15, 2002, to 
  4.50  the House and Senate committees and 
  4.51  divisions with jurisdiction over 
  4.52  criminal justice policy and funding on 
  4.53  the outcomes of the pilot project. 
  4.54  $175,000 the first year and $175,000 
  4.55  the second year are for county 
  4.56  probation officer reimbursements. 
  4.57  $50,000 the first year and $50,000 the 
  4.58  second year are for the emergency 
  4.59  housing initiative.  The commissioner 
  4.60  of corrections may enter into rental 
  4.61  agreements per industry standards for 
  4.62  emergency housing. 
  5.1   $150,000 the first year and $150,000 
  5.2   the second year are for probation and 
  5.3   supervised release services. 
  5.4   $250,000 the first year and $250,000 
  5.5   the second year are for increased 
  5.6   funding of the sentencing to service 
  5.7   program and for a housing coordinator 
  5.8   for the institution work crews in the 
  5.9   sentencing to serve program. 
  5.10  $25,000 the first year and $25,000 the 
  5.11  second year are for sex offender 
  5.12  transition programming. 
  5.13  $250,000 each year is for increased bed 
  5.14  capacity for work release offenders. 
  5.15  $50,000 each year is for programming 
  5.16  for adult female offenders. 
  5.17  The following amounts are one-time 
  5.18  appropriations for the statewide 
  5.19  productive day initiative program 
  5.20  defined in Minnesota Statutes, section 
  5.21  241.275: 
  5.22  $472,000 to the Hennepin county 
  5.23  community corrections agency; 
  5.24  $472,000 to the Ramsey county community 
  5.25  corrections agency; 
  5.26  $590,000 to the Arrowhead regional 
  5.27  community corrections agency; 
  5.28  $425,000 to the Dodge-Fillmore-Olmsted 
  5.29  community corrections agency; 
  5.30  $283,000 to the Anoka county community 
  5.31  corrections agency; and 
  5.32  $118,000 to the Tri-county (Polk, 
  5.33  Norman, and Red Lake) community 
  5.34  corrections agency. 
  5.35  $250,000 the first year and $250,000 
  5.36  the second year are for grants to 
  5.37  Dakota county for the community justice 
  5.38  zone pilot project described in article 
  5.39  2, section 24.  This is a one-time 
  5.40  appropriation. 
  5.41  $230,000 the first year is for grants 
  5.42  related to restorative justice 
  5.43  programs.  The commissioner may make 
  5.44  grants to fund new as well as existing 
  5.45  programs.  This is a one-time 
  5.46  appropriation.  
  5.47  The money appropriated for restorative 
  5.48  justice program grants under this 
  5.49  subdivision may be used to fund the use 
  5.50  of restorative justice in domestic 
  5.51  abuse cases, except in cases where the 
  5.52  restorative justice process that is 
  5.53  used includes a meeting at which the 
  5.54  offender and victim are both present at 
  5.55  the same time.  "Domestic abuse" has 
  5.56  the meaning given in Minnesota 
  5.57  Statutes, section 518B.01, subdivision 
  6.1   2. 
  6.2   $25,000 each year is for the juvenile 
  6.3   mentoring project.  This is a one-time 
  6.4   appropriation.