1.1                          A bill for an act 
  1.2             relating to corrections; allocating correctional fees; 
  1.3             eliminating proration of state reimbursement for 
  1.4             probation officer salaries; amending Minnesota 
  1.5             Statutes 1998, section 244.19, subdivision 6; 
  1.6             Minnesota Statutes 1999 Supplement, section 241.272, 
  1.7             subdivision 6. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1999 Supplement, section 
  1.10  241.272, subdivision 6, is amended to read: 
  1.11     Subd. 6.  [USE OF FEES.] Excluding correctional fees 
  1.12  collected from offenders supervised by department agents under 
  1.13  the authority of section 244.19, subdivision 1, paragraph (a), 
  1.14  clause (3), all correctional fees collected under this section 
  1.15  go to the general fund.  Fees collected by agents under the 
  1.16  authority of section 244.19, subdivision 1, paragraph (a), 
  1.17  clause (3), shall go to the county treasurer in the county where 
  1.18  supervision is provided.  These fees shall be used according to 
  1.19  section 244.18, subdivision 6. 
  1.20     Sec. 2.  Minnesota Statutes 1998, section 244.19, 
  1.21  subdivision 6, is amended to read: 
  1.22     Subd. 6.  [REIMBURSEMENT OF COUNTIES.] In order to 
  1.23  reimburse the counties for the cost which they assume under this 
  1.24  section of providing probation and parole services to wards of 
  1.25  the commissioner of corrections and to aid the counties in 
  1.26  achieving the purposes of this section, the commissioner of 
  2.1   corrections shall annually, from funds appropriated for that 
  2.2   purpose, pay 50 percent of the costs of probation officers' 
  2.3   salaries to all counties of not more than 200,000 population.  
  2.4   Nothing in this section will invalidate any payments to counties 
  2.5   made pursuant to this section before May 15, 1963.  Salary costs 
  2.6   include fringe benefits, but only to the extent that fringe 
  2.7   benefits do not exceed those provided for state civil service 
  2.8   employees.  On or before July 1 of each even-numbered year each 
  2.9   county or group of counties which provide their own probation 
  2.10  services to the district court under subdivision 1, clause (1) 
  2.11  or (2), shall submit to the commissioner of corrections an 
  2.12  estimate of its costs under this section.  Reimbursement to 
  2.13  those counties shall be made on the basis of the estimate or 
  2.14  actual expenditures incurred, whichever is less. Reimbursement 
  2.15  for those counties which obtain probation services from the 
  2.16  commissioner of corrections pursuant to subdivision 1, clause 
  2.17  (3), must be made on the basis of actual expenditures.  Salary 
  2.18  costs shall not be reimbursed unless county probation officers 
  2.19  are paid salaries commensurate with the salaries paid to 
  2.20  comparable positions in the classified service of the state 
  2.21  civil service.  The salary range to which each county probation 
  2.22  officer is assigned shall be determined by the authority having 
  2.23  power to appoint probation officers, and shall be based on the 
  2.24  officer's length of service and performance.  The appointing 
  2.25  authority shall annually assign each county probation officer to 
  2.26  a position on the salary scale commensurate with the officer's 
  2.27  experience, tenure, and responsibilities.  The judge shall file 
  2.28  with the county auditor an order setting each county probation 
  2.29  officer's salary.  Time spent by a county probation officer as a 
  2.30  court referee shall not qualify for reimbursement.  
  2.31  ~~Reimbursement shall be prorated if the appropriation is~~ 
  2.32  ~~insufficient.~~  A new position eligible for reimbursement under 
  2.33  this section may not be added by a county without the written 
  2.34  approval of the commissioner of corrections.  When a new 
  2.35  position is approved, the commissioner shall include the cost of 
  2.36  the position in calculating each county's share.