1.1 	A bill for an act
1.2 	relating to corrections; providing for a supervision standards committee; modifying 
1.3 	probation, supervised release, and community corrections; providing for 
1.4 	rulemaking; requiring reports; appropriating money;amending Minnesota Statutes 
1.5 	2022, sections 243.05, subdivision 1; 244.05, subdivision 3; 244.19, subdivisions 
1.6 	1, 5; 244.195, subdivisions 1, 2, by adding subdivisions; 244.20; 244.21; 401.01; 
1.7 	401.02; 401.025, subdivision 1; 401.06; 401.09; 401.10; 401.11; 401.14, subdivision 
1.8 	3; 401.16; 609.14, subdivision 1, by adding a subdivision; proposing coding for 
1.9 	new law in Minnesota Statutes, chapter 401; repealing Minnesota Statutes 2022, 
1.10 	sections 244.18; 244.19, subdivisions 6, 7, 8; 244.22; 244.24; 244.30.
1.11 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.12 	Section 1. Minnesota Statutes 2022, section 243.05, subdivision 1, is amended to read:
1.13 		Subdivision 1.Conditional release. (a) The commissioner of corrections may parole 
1.14 	any person sentenced to confinement in any state correctional facility for adults under the 
1.15 	control of the commissioner of corrections, provided that:
1.16 	(1) no inmate serving a life sentence for committing murder before May 1, 1980, other 
1.17 	than murder committed in violation of clause (1) of section 609.185 who has not been 
1.18 	previously convicted of a felony shall be paroled without having served 20 years, less the 
1.19 	diminution that would have been allowed for good conduct had the sentence been for 20 
1.20 	years;
1.21 	(2) no inmate serving a life sentence for committing murder before May 1, 1980, who 
1.22 	has been previously convicted of a felony or though not previously convicted of a felony 
1.23 	is serving a life sentence for murder in the first degree committed in violation of clause (1) 
1.24 	of section 609.185 shall be paroled without having served 25 years, less the diminution 
1.25 	which would have been allowed for good conduct had the sentence been for 25 years;
2.1 	(3) any inmate sentenced prior to September 1, 1963, who would be eligible for parole 
2.2 	had the inmate been sentenced after September 1, 1963, shall be eligible for parole; and
2.3 	(4) any new rule or policy or change of rule or policy adopted by the commissioner of 
2.4 	corrections which has the effect of postponing eligibility for parole has prospective effect 
2.5 	only and applies only with respect to persons committing offenses after the effective date 
2.6 	of the new rule or policy or change.
2.7 	(b) Upon being paroled and released, an inmate is and remains in the legal custody and 
2.8 	under the control of the commissioner, subject at any time to be returned to a facility of the 
2.9 	Department of Corrections established by law for the confinement or treatment of convicted 
2.10 	persons and the parole rescinded by the commissioner.
2.11 	(c) The written order of the commissioner of corrections, is sufficient authority for any 
2.12 	peace officer, state correctional investigator, or state parole and probation agent to retake 
2.13 	and place in actual custody any person on parole or supervised release. In addition, when 
2.14 	it appears necessary in order to prevent escape or enforce discipline, any state parole and 
2.15 	probation agent or state correctional investigator may, without order of warrant, take and 
2.16 	detain a parolee or person on supervised release or work release and bring the person to the 
2.17 	commissioner for action.
2.18 	(d) The written order of the commissioner of corrections is sufficient authority for any 
2.19 	peace officer, state correctional investigator, or state parole and probation agent to retake 
2.20 	and place in actual custody any person on probation under the supervision of the 
2.21 	commissioner pursuant to section 609.135. Additionally, when it appears necessary in order 
2.22 	to prevent escape or enforce discipline, any state parole and probation agent or state 
2.23 	correctional investigator may, without an order, retake and detain a probationer and bring 
2.24 	the probationer before the court for further proceedings under section 609.14.
2.25 	(e) The written order of the commissioner of corrections is sufficient authority for any 
2.26 	peace officer, state correctional investigator, or state parole and probation agent to detain 
2.27 	any person on pretrial release who absconds from pretrial release or fails to abide by the 
2.28 	conditions of pretrial release.
2.29 	(f) Persons conditionally released, and those on probation under the supervision of the 
2.30 	commissioner of corrections pursuant to section 609.135 may be placed within or outside 
2.31 	the boundaries of the state at the discretion of the commissioner of corrections or the court, 
2.32 	and the limits fixed for these persons may be enlarged or reduced according to their conduct.
2.33 	(g) Except as otherwise provided in subdivision 1b, in considering applications for 
2.34 	conditional release or discharge, the commissioner is not required to hear oral argument 
3.1 	from any attorney or other person not connected with an adult correctional facility of the 
3.2 	Department of Corrections in favor of or against the parole or release of any inmates. The 
3.3 	commissioner may institute inquiries by correspondence, taking testimony, or otherwise, 
3.4 	as to the previous history, physical or mental condition, and character of the inmate and, to 
3.5 	that end, has the authority to require the attendance of the chief executive officer of any 
3.6 	state adult correctional facility and the production of the records of these facilities, and to 
3.7 	compel the attendance of witnesses. The commissioner is authorized to administer oaths to 
3.8 	witnesses for these purposes.
3.9 	(h) Unless the district court directs otherwise, state parole and probation agents may 
3.10 	require a person who is under the supervision of the commissioner of corrections to perform 
3.11 	community work service for violating a condition of probation imposed by the court. 
3.12 	Community work service may be imposed for the purpose of protecting the public, to aid 
3.13 	the offender's rehabilitation, or both. Agents may impose up to eight hours of community 
3.14 	work service for each violation and up to a total of 24 hours per offender per 12-month 
3.15 	period, beginning with the date on which community work service is first imposed. The 
3.16 	commissioner may authorize an additional 40 hours of community work services, for a total 
3.17 	of 64 hours per offender per 12-month period, beginning with the date on which community 
3.18 	work service is first imposed. At the time community work service is imposed, parole and 
3.19 	probation agents are required to provide written notice to the offender that states:
3.20 	(1) the condition of probation that has been violated;
3.21 	(2) the number of hours of community work service imposed for the violation; and
3.22 	(3) the total number of hours of community work service imposed to date in the 12-month 
3.23 	period.
3.24 	An offender may challenge the imposition of community work service by filing a petition 
3.25 	in district court. An offender must file the petition within five days of receiving written 
3.26 	notice that community work service is being imposed. If the offender challenges the 
3.27 	imposition of community work service, the state bears the burden of showing, by a 
3.28 	preponderance of the evidence, that the imposition of community work service is reasonable 
3.29 	under the circumstances.
3.30 	Community work service includes sentencing to service.
3.31 	(i) Prior to revoking a nonviolent controlled substance offender's parole or probation 
3.32 	based on a technical violation, when the offender does not present a risk to the public and 
3.33 	the offender is amenable to continued supervision in the community, a parole or probation 
3.34 	agent must identify community options to address and correct the violation including, but 
4.1 	not limited to, inpatient substance use disorder treatment. If a probation or parole agent 
4.2 	determines that community options are appropriate, the agent shall seek to restructure the 
4.3 	offender's terms of release to incorporate those options. If an offender on probation stipulates 
4.4 	in writing to restructure the terms of release, a probation agent must forward a report to the 
4.5 	district court containing:
4.6 	(1) the specific nature of the technical violation of probation;
4.7 	(2) the recommended restructure to the terms of probation; and
4.8 	(3) a copy of the offender's signed stipulation indicating that the offender consents to 
4.9 	the restructuring of probation.
4.10 	The recommended restructuring of probation becomes effective when confirmed by a 
4.11 	judge. The order of the court shall be proof of such confirmation and amend the terms of 
4.12 	the sentence imposed by the court under section 609.135. If a nonviolent controlled substance 
4.13 	offender's parole or probation is revoked, the offender's agent must first attempt to place 
4.14 	the offender in a local jail. For purposes of this paragraph, "nonviolent controlled substance 
4.15 	offender" is a person who meets the criteria described under section 244.0513, subdivision 
4.16 	2, clauses (1), (2), and (5), and "technical violation" means any violation of a court order 
4.17 	of probation or a condition of parole, except an allegation of a subsequent criminal act that 
4.18 	is alleged in a formal complaint, citation, or petition.

4.19 	Sec. 2. Minnesota Statutes 2022, section 244.05, subdivision 3, is amended to read:
4.20 		Subd. 3.Sanctions for violation. (a) If an inmate violates the conditions of the inmate's 
4.21 	supervised release imposed by the commissioner, the commissioner may:
4.22 	(1) continue the inmate's supervised release term, with or without:
4.23 	(i) modifying or enlarging the conditions imposed on the inmate; or
4.24 	(ii) transferring the inmate's case to a specialized caseload; or
4.25 	(2) revoke the inmate's supervised release and reimprison the inmate for the appropriate 
4.26 	period of time.
4.27 	(b) Before revoking an inmate's supervised release because of a technical violation that 
4.28 	would result in reimprisonment, the commissioner must identify alternative interventions 
4.29 	to address and correct the violation only if:
4.30 	(1) the inmate does not present a risk to the public; and
4.31 	(2) the inmate is amenable to continued supervision.
5.1 	(c) If alternative interventions are appropriate and available, the commissioner must 
5.2 	restructure the inmate's terms of release to incorporate the alternative interventions.
5.3 	(d) Prior to revoking a nonviolent controlled substance offender's supervised release 
5.4 	based on a technical violation, when the offender does not present a risk to the public and 
5.5 	the offender is amenable to continued supervision in the community, the commissioner 
5.6 	must identify community options to address and correct the violation including, but not 
5.7 	limited to, inpatient substance use disorder treatment. If the commissioner determines that 
5.8 	community options are appropriate, the commissioner shall restructure the inmate's terms 
5.9 	of release to incorporate those options. If a nonviolent controlled substance offender's 
5.10 	supervised release is revoked, the offender's agent must first attempt to place the offender 
5.11 	in a local jail. For purposes of this subdivision, "nonviolent controlled substance offender" 
5.12 	is a person who meets the criteria described under section 244.0513, subdivision 2, clauses 
5.13 	(1), (2), and (5), and "technical violation" means a violation of a condition of supervised 
5.14 	release, except an allegation of a subsequent criminal act that is alleged in a formal complaint, 
5.15 	citation, or petition.
5.16 	(e) The period of time for which a supervised release may be revoked may not exceed 
5.17 	the period of time remaining in the inmate's sentence, except that if a sex offender is 
5.18 	sentenced and conditionally released under Minnesota Statutes 2004, section 609.108, 
5.19 	subdivision 5, the period of time for which conditional release may be revoked may not 
5.20 	exceed the balance of the conditional release term.

5.21 	Sec. 3. Minnesota Statutes 2022, section 244.19, subdivision 1, is amended to read:
5.22 		Subdivision 1.Appointment; joint services; state services. (a) If a county or group of 
5.23 	counties has established a human services board pursuant to chapter 402, the district court 
5.24 	may appoint one or more county probation officers as necessary to perform court services, 
5.25 	and the human services board shall appoint persons as necessary to provide correctional 
5.26 	services within the authority granted in chapter 402. In all counties of more than 200,000 
5.27 	population, which have not organized pursuant to chapter 402, the district court shall appoint 
5.28 	one or more persons of good character to serve as county probation officers during the 
5.29 	pleasure of the court. All other counties shall provide adult misdemeanant and juvenile 
5.30 	probation services to district courts in one of the following ways:
5.31 	(1) the court, with the approval of the county boards, may appoint one or more salaried 
5.32 	county probation officers to serve during the pleasure of the court;
6.1 	(2) when two or more counties offer probation services the district court through the 
6.2 	county boards may appoint common salaried county probation officers to serve in the several 
6.3 	counties;
6.4 	(3) a county or a district court may request the commissioner of corrections to furnish 
6.5 	probation services in accordance with the provisions of this section, and the commissioner 
6.6 	of corrections shall furnish such services to any county or court that fails to provide its own 
6.7 	probation officer by one of the two procedures listed above;
6.8 	(4) if a county or district court providing probation services under clause (1) or (2) asks 
6.9 	the commissioner of corrections or the legislative body for the state of Minnesota mandates 
6.10 	the commissioner of corrections to furnish probation services to the district court, the 
6.11 	probation officers and other employees displaced by the changeover shall be employed by 
6.12 	the commissioner of corrections. Years of service in the county probation department are 
6.13 	to be given full credit for future sick leave and vacation accrual purposes;
6.14 	(5) all probation officers serving the juvenile courts on July 1, 1972, shall continue to 
6.15 	serve if a county receiving probation services under clause (3) decides to provide the services 
6.16 	under clause (1) or (2), the probation officers and other employees displaced by the 
6.17 	changeover shall be employed by the county at no loss of salary. Years of service in the 
6.18 	state are to be given full credit for future sick leave and vacation accrual purposes in the 
6.19 	county or counties they are now serving.
6.20 	(b) A county or counties providing probation services under paragraph (a), clause (1) 
6.21 	or (2), is designated a "CPO county" for purposes of receiving a subsidy under chapter 401. 
6.22 	A county or counties receiving probation services under paragraph (a), clause (3), is not 
6.23 	eligible for a subsidy under chapter 401 and the commissioner of corrections is appropriated 
6.24 	the county's share of funding for the purpose of providing probation services and authority 
6.25 	to seek reimbursement from the county under subdivision 5.
6.26 	(c) A county that requests the commissioner of corrections to provide probation services 
6.27 	under paragraph (a), clause (3), shall collaborate with the commissioner to develop a 
6.28 	comprehensive plan as described in section 401.06.
6.29 	(b) (d) The commissioner of management and budget shall place employees transferred 
6.30 	to state service under paragraph (a), clause (4), in the proper classifications in the classified 
6.31 	service. Each employee is appointed without examination at no loss in salary or accrued 
6.32 	vacation or sick leave benefits, but no additional accrual of vacation or sick leave benefits 
6.33 	may occur until the employee's total accrued vacation or sick leave benefits fall below the 
6.34 	maximum permitted by the state for the employee's position. An employee appointed under 
7.1 	paragraph (a), clause (4), shall serve a probationary period of six months. After exhausting 
7.2 	labor contract remedies, a noncertified employee may appeal for a hearing within ten days 
7.3 	to the commissioner of management and budget, who may uphold the decision, extend the 
7.4 	probation period, or certify the employee. The decision of the commissioner of management 
7.5 	and budget is final. The state shall negotiate with the exclusive representative for the 
7.6 	bargaining unit to which the employees are transferred regarding their seniority. For purposes 
7.7 	of computing seniority among those employees transferring from one county unit only, a 
7.8 	transferred employee retains the same seniority position as the employee had within that 
7.9 	county's probation office.

7.10 	Sec. 4. Minnesota Statutes 2022, section 244.19, subdivision 5, is amended to read:
7.11 		Subd. 5.Compensation. In counties of more than 200,000 population, a majority of the 
7.12 	judges of the district court may direct the payment of such salary to probation officers as 
7.13 	may be approved by the county board, and in addition thereto shall be reimbursed for all 
7.14 	necessary expenses incurred in the performance of their official duties. In all counties which 
7.15 	obtain probation services from the commissioner of corrections the commissioner shall, out 
7.16 	of appropriations provided therefor, pay probation officers the salary and all benefits fixed 
7.17 	by the state law or applicable bargaining unit and all necessary expenses, including secretarial 
7.18 	service, office equipment and supplies, postage, telephone and telegraph services, and travel 
7.19 	and subsistence. Each county receiving probation services from the commissioner of 
7.20 	corrections shall reimburse the department of corrections for the total cost and expenses of 
7.21 	such services as incurred by the commissioner of corrections, excluding the cost and expense 
7.22 	of services provided under the state's obligation in section 244.20. Total annual costs for 
7.23 	each county shall be that portion of the total costs and expenses for the services of one 
7.24 	probation officer represented by the ratio which the county's population bears to the total 
7.25 	population served by one officer. For the purposes of this section, the population of any 
7.26 	county shall be the most recent estimate made by the Department of Health. At least every 
7.27 	six months the commissioner of corrections shall bill for the total cost and expenses incurred 
7.28 	by the commissioner on behalf of each county which has received probation services. The 
7.29 	commissioner of corrections shall notify each county of the cost and expenses and the county 
7.30 	shall pay to the commissioner the amount due for reimbursement. All such reimbursements 
7.31 	shall be deposited in the general fund used to provide services for each county according 
7.32 	to their reimbursement amount. Objections by a county to all allocation of such cost and 
7.33 	expenses shall be presented to and determined by the commissioner of corrections. Each 
7.34 	county providing probation services under this section is hereby authorized to use unexpended 
7.35 	funds and to levy additional taxes for this purpose.
8.1 	The county commissioners of any county of not more than 200,000 population shall, 
8.2 	when requested to do so by the juvenile judge, provide probation officers with suitable 
8.3 	offices, and may provide equipment, and secretarial help needed to render the required 
8.4 	services.

8.5 	Sec. 5. Minnesota Statutes 2022, section 244.195, subdivision 1, is amended to read:
8.6 		Subdivision 1.Definitions. (a) As used in this subdivision and sections 244.196 to 
8.7 	244.1995, the following terms have the meanings given them.
8.8 	(b) "Commissioner" means the commissioner of corrections.
8.9 	(c) "Conditional release" means parole, supervised release, conditional release as 
8.10 	authorized by section 609.3455, subdivision 6, 7, or 8; Minnesota Statutes 2004, section 
8.11 	609.108, subdivision 6; or Minnesota Statutes 2004, section 609.109, subdivision 7, work 
8.12 	release as authorized by sections 241.26, 244.065, and 631.425, probation, furlough, and 
8.13 	any other authorized temporary release from a correctional facility.
8.14 	(d) "Court services director" means the director or designee of a county probation agency 
8.15 	that is not organized under section 244.19 or an agency organized under chapter 401.
8.16 	(e) "Detain" means to take into actual custody, including custody within a local 
8.17 	correctional facility.
8.18 	(f) "Local correctional facility" has the meaning given in section 241.021, subdivision 
8.19 	1.
8.20 	(g) "Probation agency" means the Department of Corrections field office or a probation 
8.21 	agency organized under section 244.19 or chapter 401.
8.22 	(h) "Probation officer" means a court services director, county probation officer, or any 
8.23 	other community supervision officer employed by the commissioner or by a probation 
8.24 	agency organized under section 244.19 or chapter 401.
8.25 	(i) "Release" means to release from actual custody.

8.26 	Sec. 6. Minnesota Statutes 2022, section 244.195, subdivision 2, is amended to read:
8.27 		Subd. 2.Detention pending hearing. When it appears necessary to enforce discipline 
8.28 	or to prevent a person on conditional release from escaping or absconding from supervision, 
8.29 	a court services director has the authority to issue a written order directing any peace officer 
8.30 	or any probation officer in the state serving the district and juvenile courts to detain and 
8.31 	bring the person before the court or the commissioner, whichever is appropriate, for 
9.1 	disposition. If the person on conditional release commits a violation described in section 
9.2 	609.14, subdivision 1a, paragraph (a), the court services director must have a reasonable 
9.3 	belief that the order is necessary to prevent the person from escaping or absconding from 
9.4 	supervision or that the continued presence of the person in the community presents a risk 
9.5 	to public safety before issuing a written order. This written order is sufficient authority for 
9.6 	the peace officer or probation officer to detain the person for not more than 72 hours, 
9.7 	excluding Saturdays, Sundays, and holidays, pending a hearing before the court or the 
9.8 	commissioner.

9.9 	Sec. 7. Minnesota Statutes 2022, section 244.195, is amended by adding a subdivision to 
9.10 	read:
9.11 		Subd. 6.Intermediate sanctions. (a) Unless the district court directs otherwise, a 
9.12 	probation officer may require a person committed to the officer's care by the court to perform 
9.13 	community work service for violating a condition of probation imposed by the court. 
9.14 	Community work service may be imposed for the purpose of protecting the public, aiding 
9.15 	the person's rehabilitation, or both. A probation officer may impose up to eight hours of 
9.16 	community work service for each violation and up to a total of 24 hours per person per 
9.17 	12-month period, beginning on the date on which community work service is first imposed. 
9.18 	The court services director or probation agency may authorize an additional 40 hours of 
9.19 	community work service, for a total of 64 hours per person per 12-month period, beginning 
9.20 	with the date on which community work service is first imposed. At the time community 
9.21 	work service is imposed, probation officers are required to provide written notice to the 
9.22 	person that states:
9.23 	(1) the condition of probation that has been violated;
9.24 	(2) the number of hours of community work service imposed for the violation; and
9.25 	(3) the total number of hours of community work service imposed to date in the 12-month 
9.26 	period.
9.27 	(b) A person on supervision may challenge the imposition of community work service 
9.28 	by filing a petition in district court within five days of receiving written notice that 
9.29 	community work service is being imposed. If the person challenges the imposition of 
9.30 	community work service, the state bears the burden of showing, by a preponderance of the 
9.31 	evidence, that the imposition of community work service is reasonable under the 
9.32 	circumstances.
9.33 	(c) Community work service includes sentencing to service.

10.1 	Sec. 8. Minnesota Statutes 2022, section 244.195, is amended by adding a subdivision to 
10.2 	read:
10.3 		Subd. 7.Contacts. Supervision contacts may be conducted over videoconference 
10.4 	technology in accordance with the probation agency's established policy.

10.5 	Sec. 9. Minnesota Statutes 2022, section 244.20, is amended to read:
10.6 	244.20 PROBATION SUPERVISION.
10.7 	Notwithstanding sections 244.19, subdivision 1, and 609.135, subdivision 1, the 
10.8 	Department of Corrections shall have exclusive responsibility for providing probation 
10.9 	services for adult felons in counties that do not take part in the Community Corrections Act. 
10.10 	In counties that do not take part in the Community Corrections Act, the responsibility for 
10.11 	providing probation services for individuals convicted of gross misdemeanor offenses shall 
10.12 	be discharged according to local judicial policy.

10.13 	Sec. 10. Minnesota Statutes 2022, section 244.21, is amended to read:
10.14 	244.21 INFORMATION ON OFFENDERS UNDER SUPERVISION; REPORTS.
10.15 		Subdivision 1.Collection of information by probation service providers; report 
10.16 	required. By January 1, 1998, probation service providers shall begin collecting and 
10.17 	maintaining information on offenders under supervision. The commissioner of corrections 
10.18 	shall specify the nature and extent of the information to be collected. By April 1 of every 
10.19 	year, each probation service provider shall report a summary of the information collected 
10.20 	to the commissioner as a condition of state subsidy funding under chapter 401.
10.21 		Subd. 2.Commissioner of corrections report. By January 15, 1998 2024, the 
10.22 	commissioner of corrections shall report to the chairs of the senate crime prevention and 
10.23 	house of representatives judiciary legislative committees with jurisdiction over public safety 
10.24 	and finance on recommended methods of coordinating the exchange of information collected 
10.25 	on offenders under subdivision 1: (1) between probation service providers; and (2) between 
10.26 	probation service providers and the Department of Corrections, without requiring service 
10.27 	providers to acquire uniform computer software.

10.28 	Sec. 11. Minnesota Statutes 2022, section 401.01, is amended to read:
10.29 	401.01 PURPOSE AND DEFINITION; ASSISTANCE GRANTS SUBSIDIES.
10.30 		Subdivision 1.Grants Subsidies. For the purpose of more effectively protecting society 
10.31 	and to promote efficiency and economy in the delivery of correctional services, the 
11.1 	commissioner is authorized to make grants to assist subsidize counties in the development, 
11.2 	implementation, and operation of community-based corrections programs including 
11.3 	preventive or diversionary correctional programs, conditional release programs, community 
11.4 	corrections centers, and facilities for the detention or confinement, care and treatment of 
11.5 	persons convicted of crime or adjudicated delinquent. The commissioner may authorize the 
11.6 	use of a percentage of a grant for the operation of an emergency shelter or make a separate 
11.7 	grant for the rehabilitation of a facility owned by the grantee and used as a shelter to bring 
11.8 	the facility into compliance with state and local laws pertaining to health, fire, and safety, 
11.9 	and to provide security.
11.10 		Subd. 2.Definitions. (a) For the purposes of sections 401.01 to 401.16, the following 
11.11 	terms have the meanings given them.
11.12 	(b) "CCA county" means a county that participates in the Community Corrections Act.
11.13 	(c) "Commissioner" means the commissioner of corrections or a designee.
11.14 	(d) "Conditional release" means parole, supervised release, conditional release as 
11.15 	authorized by section 609.3455, subdivision 6, 7, or 8; Minnesota Statutes 2004, section 
11.16 	609.108, subdivision 6; or Minnesota Statutes 2004, section 609.109, subdivision 7, work 
11.17 	release as authorized by sections 241.26, 244.065, and 631.425, probation, furlough, and 
11.18 	any other authorized temporary release from a correctional facility.
11.19 	(e) "County probation officer" means a probation officer appointed under section 244.19.
11.20 	(f) "CPO county" means a county that participates in funding under this act by providing 
11.21 	local corrections service for all juveniles and individuals on probation for misdemeanors, 
11.22 	pursuant to section 244.19, subdivision 1, paragraph (a), clause (1) or (2).
11.23 	(g) "Detain" means to take into actual custody, including custody within a local 
11.24 	correctional facility.
11.25 	(g) (h) "Joint board" means the board provided in section 471.59.
11.26 	(h) (i) "Local correctional facility" has the meaning given in section 241.021, subdivision 
11.27 	1.
11.28 	(i) (j) "Local correctional service" means those services authorized by and employees, 
11.29 	officers, and agents appointed under section 244.19, subdivision 1.
11.30 	(j) (k) "Release" means to release from actual custody.
11.31 	(l) "Tribal government" means one of the federally recognized Tribes described in section 
11.32 	3.922.

12.1 	Sec. 12. Minnesota Statutes 2022, section 401.02, is amended to read:
12.2 	401.02 COUNTIES OR REGIONS; SERVICES INCLUDABLE.
12.3 		Subdivision 1.Qualification of counties or Tribal governments. (a) One or more 
12.4 	counties, having an aggregate population of 30,000 or more persons, or Tribal governments
12.5 	may qualify for a grant as provided in subsidy under section 401.01 by the enactment of 
12.6 	appropriate resolutions creating and establishing a corrections advisory board, designating 
12.7 	the officer or agency to be responsible for administering grant funds subsidies, and providing 
12.8 	for the preparation of a comprehensive plan for the development, implementation and 
12.9 	operation of the correctional services described in section sections401.01 and 401.11, 
12.10 	including the assumption of those correctional services, other than the operation of state 
12.11 	facilities, presently provided in such counties by the Department of Corrections, and 
12.12 	providing for centralized administration and control of those correctional services described 
12.13 	in section 401.01. Counties participating as a CCA county must also enact the appropriate 
12.14 	resolutions creating and establishing a corrections advisory board.
12.15 	Where counties or Tribal governments combine as authorized in this section, they shall 
12.16 	comply with the provisions of section 471.59.
12.17 	(b) A county that has participated in the Community Corrections Act for five or more 
12.18 	years is eligible to continue to participate in the Community Corrections Act.
12.19 	(c) If a county or Tribal government withdraws from the subsidy program as outlined 
12.20 	in subdivision 1 and asks the commissioner of corrections or the legislature mandates the 
12.21 	commissioner of corrections to furnish probation services to the county, the probation 
12.22 	officers and other employees displaced by the changeover shall be employed by the 
12.23 	commissioner of corrections at no loss of salary. Years of service in the county probation 
12.24 	department are to be given full credit for future sick leave and vacation accrual purposes.
12.25 		Subd. 2.Planning counties; advisory board members expenses. To assist counties 
12.26 	which have complied with the provisions of subdivision 1 and require financial aid to defray 
12.27 	all or a part of the expenses incurred by corrections advisory board members in discharging 
12.28 	their official duties pursuant to section 401.08, the commissioner may designate counties 
12.29 	as "planning counties", and, upon receipt of resolutions by the governing boards of the 
12.30 	counties certifying the need for and inability to pay the expenses described in this subdivision, 
12.31 	advance to the counties an amount not to exceed five percent of the maximum quarterly 
12.32 	subsidy for which the counties are eligible. The expenses described in this subdivision shall 
12.33 	be paid in the same manner and amount as for state employees.
13.1 		Subd. 3.Establishment and reorganization of administrative structure. Any county 
13.2 	or group of counties which have qualified for participation in the community corrections
13.3 	subsidy program provided by this chapter may establish, organize, and reorganize an 
13.4 	administrative structure and provide for the budgeting, staffing, and operation of court 
13.5 	services and probation, construction or improvement to juvenile detention and juvenile 
13.6 	correctional facilities and adult detention and correctional facilities, and other activities 
13.7 	required to conform to the purposes of this chapter. No contrary general or special statute 
13.8 	divests any county or group of counties of the authority granted by this subdivision.
13.9 		Subd. 5.Intermediate sanctions. Unless the district court directs otherwise, county 
13.10 	probation officers may require a person committed to the officer's care by the court to 
13.11 	perform community work service for violating a condition of probation imposed by the 
13.12 	court. Community work service may be imposed for the purpose of protecting the public, 
13.13 	to aid the offender's rehabilitation, or both. Probation officers may impose up to eight hours 
13.14 	of community work service for each violation and up to a total of 24 hours per offender per 
13.15 	12-month period, beginning on the date on which community work service is first imposed. 
13.16 	The chief executive officer of a community corrections agency may authorize an additional 
13.17 	40 hours of community work service, for a total of 64 hours per offender per 12-month 
13.18 	period, beginning with the date on which community work service is first imposed. At the 
13.19 	time community work service is imposed, probation officers are required to provide written 
13.20 	notice to the offender that states:
13.21 	(1) the condition of probation that has been violated;
13.22 	(2) the number of hours of community work service imposed for the violation; and
13.23 	(3) the total number of hours of community work service imposed to date in the 12-month 
13.24 	period.
13.25 	An offender may challenge the imposition of community work service by filing a petition 
13.26 	in district court. An offender must file the petition within five days of receiving written 
13.27 	notice that community work service is being imposed. If the offender challenges the 
13.28 	imposition of community work service, the state bears the burden of showing, by a 
13.29 	preponderance of the evidence, that the imposition of community work service is reasonable 
13.30 	under the circumstances.
13.31 	Community work service includes sentencing to service.

14.1 	Sec. 13. Minnesota Statutes 2022, section 401.025, subdivision 1, is amended to read:
14.2 		Subdivision 1.Peace officers and probation officers serving CCA counties. (a) When 
14.3 	it appears necessary to enforce discipline or to prevent a person on conditional release from 
14.4 	escaping or absconding from supervision, the chief executive officer or designee of a 
14.5 	community corrections agency in a CCA county has the authority to issue a written order 
14.6 	directing any peace officer or any probation officer in the state serving the district and 
14.7 	juvenile courts to detain and bring the person before the court or the commissioner, whichever 
14.8 	is appropriate, for disposition. If the person on conditional release commits a violation 
14.9 	described in section 609.14, subdivision 1a, paragraph (a), the chief executive officer or 
14.10 	designee must have a reasonable belief that the order is necessary to prevent the person 
14.11 	from escaping or absconding from supervision or that the continued presence of the person 
14.12 	in the community presents a risk to public safety before issuing a written order. This written 
14.13 	order is sufficient authority for the peace officer or probation officer to detain the person 
14.14 	for not more than 72 hours, excluding Saturdays, Sundays, and holidays, pending a hearing 
14.15 	before the court or the commissioner.
14.16 	(b) The chief executive officer or designee of a community corrections agency in a CCA 
14.17 	county has the authority to issue a written order directing a peace officer or probation officer 
14.18 	serving the district and juvenile courts to release a person detained under paragraph (a) 
14.19 	within 72 hours, excluding Saturdays, Sundays, and holidays, without an appearance before 
14.20 	the court or the commissioner. This written order is sufficient authority for the peace officer 
14.21 	or probation officer to release the detained person.
14.22 	(c) The chief executive officer or designee of a community corrections agency in a CCA 
14.23 	county has the authority to issue a written order directing any peace officer or any probation 
14.24 	officer serving the district and juvenile courts to detain any person on court-ordered pretrial 
14.25 	release who absconds from pretrial release or fails to abide by the conditions of pretrial 
14.26 	release. A written order issued under this paragraph is sufficient authority for the peace 
14.27 	officer or probation officer to detain the person.

14.28 	EFFECTIVE DATE. This section is effective August 1, 2023, and applies to violations 
14.29 	that occur on or after that date.

15.1 	Sec. 14. Minnesota Statutes 2022, section 401.06, is amended to read:
15.2 	401.06 COMPREHENSIVE PLAN; STANDARDS OF ELIGIBILITY; 
15.3 	COMPLIANCE.
15.4 		Subdivision 1.Commissioner approval required. (a) No county or group of counties
15.5 	or Tribal government or group of Tribal governments electing to provide correctional 
15.6 	services pursuant to sections 401.01 to 401.16 shall be under this chapter is eligible for the 
15.7 	subsidy herein provided unless and until its comprehensive plan shall have has been approved 
15.8 	by the commissioner. A comprehensive plan must comply with commissioner-developed 
15.9 	standards and reporting requirements and must sufficiently address community needs and 
15.10 	supervision standards.
15.11 	(b) If the commissioner provides supervision to a county that elects not to provide the 
15.12 	supervision, the commissioner must prepare a comprehensive plan for the county and present 
15.13 	it to the local county board of commissioners. The Department of Corrections is subject to 
15.14 	all the standards and requirements under this chapter and supervision standards and policies.
15.15 	(c) A comprehensive plan is valid for four years, and a corrections advisory board must 
15.16 	review and update the plan two years after the plan has been approved or two years after 
15.17 	submitted to the commissioner, whichever is earlier.
15.18 	(d) All approved comprehensive plans, including updated plans, must be made publicly 
15.19 	available on the Department of Corrections' website.
15.20 		Subd. 2.Rulemaking. The commissioner shall must, pursuant to in accordance with
15.21 	the Administrative Procedure Act, promulgate adopt rules establishing standards of eligibility 
15.22 	for CCA and CPO counties and Tribal governments to receive funds under sections 401.01
15.23 	to 401.16 this chapter.
15.24 		Subd. 3.Substantial compliance required. (a) To remain eligible for the subsidy,
15.25 	counties shall and Tribal governments must maintain substantial compliance with the 
15.26 	minimum standards established pursuant according to sections 401.01 to 401.16 this chapter
15.27 	and the policies and procedures governing the services described in under section 401.025
15.28 	as prescribed by the commissioner.
15.29 	(b) Counties shall also must:
15.30 	(1) be in substantial compliance with other correctional operating standards permitted 
15.31 	by law and established by the commissioner; and
16.1 	shall (2) report statistics required by the commissioner, including but not limited to 
16.2 	information on individuals convicted as an extended jurisdiction juvenile identified in under
16.3 	section 241.016, subdivision 1, paragraph (c).
16.4 		Subd. 4.Commissioner review. (a) The commissioner shall must review annually the 
16.5 	comprehensive plans submitted by participating counties and Tribal governments, including 
16.6 	the facilities and programs operated under the plans. The commissioner is hereby authorized 
16.7 	to may enter upon any facility operated under the plan, and inspect books and records, for 
16.8 	purposes of recommending needed changes or improvements.
16.9 	When (b) If the commissioner shall determine determines that there are reasonable 
16.10 	grounds to believe that a county or group of counties or Tribal government or group of 
16.11 	Tribal governments is not in substantial compliance with minimum standards, the 
16.12 	commissioner must provide at least 30 days' notice shall be given to the county or counties 
16.13 	and or Tribal government or Tribal governments of a commissioner-conducted hearing 
16.14 	conducted by the commissioner to ascertain whether there is substantial compliance or 
16.15 	satisfactory progress being made toward compliance.
16.16 		Subd. 5.Noncompliance with comprehensive plan. (a) After a hearing, the 
16.17 	commissioner may sanction a county or group of counties or Tribal government or group 
16.18 	of Tribal governments under this subdivision if the commissioner determined that the agency 
16.19 	is not maintaining substantial compliance with minimum standards or that satisfactory 
16.20 	progress toward compliance has not been made.
16.21 	(b) The commissioner may suspend all or a portion of any subsidy until the required 
16.22 	standard of operation has been met without issuing a corrective action plan.
16.23 	(c) The commissioner may issue a corrective action plan, which must:
16.24 	(1) be in writing;
16.25 	(2) identify all deficiencies;
16.26 	(3) detail the corrective action required to remedy the deficiencies; and
16.27 	(4) provide a deadline to:
16.28 	(i) correct each deficiency; and
16.29 	(ii) report to the commissioner progress toward correcting the deficiency.
16.30 	(d) After the deficiency has been corrected, documentation must be submitted to the 
16.31 	commissioner detailing compliance with the corrective action plan. If the commissioner 
16.32 	determines that the county or group of counties or Tribal government or group of Tribal 
17.1 	governments has not complied with the plan, the commissioner may suspend all or a portion 
17.2 	of the subsidy.

17.3 	Sec. 15. Minnesota Statutes 2022, section 401.09, is amended to read:
17.4 	401.09 OTHER SUBSIDY PROGRAMS; PURCHASE OF STATE SERVICES.
17.5 	Failure of a county or group of counties to elect to come within the provisions of sections 
17.6 	401.01 to 401.16 shall not affect their eligibility for any other state grant or subsidy for 
17.7 	correctional purposes otherwise provided by law. Any comprehensive plan submitted 
17.8 	pursuant to sections 401.01 to 401.16 may include the purchase of selected correctional 
17.9 	services from the state by contract, including the temporary detention and confinement of 
17.10 	persons convicted of crime or adjudicated delinquent; confinement to be in an appropriate 
17.11 	state facility as otherwise provided by law. The commissioner shall annually determine the 
17.12 	costs of the purchase of services under this section and deduct them from the subsidy due 
17.13 	and payable to the county or counties concerned; provided that no contract shall exceed in 
17.14 	cost the amount of subsidy to which the participating county or counties are eligible.

17.15 	Sec. 16. Minnesota Statutes 2022, section 401.10, is amended to read:
17.16 	401.10 COMMUNITY CORRECTIONS AID.
17.17 		Subdivision 1.Aid calculations Funding formula. To determine the community 
17.18 	corrections aid amount to be paid to each participating county, the commissioner of 
17.19 	corrections must apply the following formula:
17.20 	(1) For each of the 87 counties in the state, a percent score must be calculated for each 
17.21 	of the following five factors:
17.22 	(i) percent of the total state population aged ten to 24 residing within the county according 
17.23 	to the most recent federal census, and, in the intervening years between the taking of the 
17.24 	federal census, according to the most recent estimate of the state demographer;
17.25 	(ii) percent of the statewide total number of felony case filings occurring within the 
17.26 	county, as determined by the state court administrator;
17.27 	(iii) percent of the statewide total number of juvenile case filings occurring within the 
17.28 	county, as determined by the state court administrator;
17.29 	(iv) percent of the statewide total number of gross misdemeanor case filings occurring 
17.30 	within the county, as determined by the state court administrator; and
18.1 	(v) percent of the total statewide number of convicted felony offenders who did not 
18.2 	receive an executed prison sentence, as monitored and reported by the Sentencing Guidelines 
18.3 	Commission.
18.4 	The percents in items (ii) to (v) must be calculated by combining the most recent 
18.5 	three-year period of available data. The percents in items (i) to (v) each must sum to 100 
18.6 	percent across the 87 counties.
18.7 	(2) For each of the 87 counties, the county's percents in clause (1), items (i) to (v), must 
18.8 	be weighted, summed, and divided by the sum of the weights to yield an average percent 
18.9 	for each county, referred to as the county's "composite need percent." When performing 
18.10 	this calculation, the weight for each of the percents in clause (1), items (i) to (v), is 1.0. The 
18.11 	composite need percent must sum to 100 percent across the 87 counties.
18.12 	(3) For each of the 87 counties, the county's "adjusted net tax capacity percent" is the 
18.13 	county's adjusted net tax capacity amount, defined in the same manner as it is defined for 
18.14 	cities in section 477A.011, subdivision 20, divided by the statewide total adjusted net tax 
18.15 	capacity amount. The adjusted net tax capacity percent must sum to 100 percent across the 
18.16 	87 counties.
18.17 	(4) For each of the 87 counties, the county's composite need percent must be divided by 
18.18 	the county's adjusted net tax capacity percent to produce a ratio that, when multiplied by 
18.19 	the county's composite need percent, results in the county's "tax base adjusted need percent."
18.20 	(5) For each of the 87 counties, the county's tax base adjusted need percent must be 
18.21 	added to twice the composite need percent, and the sum must be divided by 3, to yield the 
18.22 	county's "weighted need percent."
18.23 	(6) Each participating county's weighted need percent must be added to the weighted 
18.24 	need percent of each other participating county to yield the "total weighted need percent 
18.25 	for participating counties."
18.26 	(7) Each participating county's weighted need percent must be divided by the total 
18.27 	weighted need percent for participating counties to yield the county's "share percent." The 
18.28 	share percents for participating counties must sum to 100 percent.
18.29 	(8) Each participating county's "base funding amount" is the aid amount that the county 
18.30 	received under this section for fiscal year 1995 plus the amount received in caseload or 
18.31 	workload reduction, felony caseload reduction, and sex offender supervision grants in fiscal 
18.32 	year 2015, as reported by the commissioner of corrections. In fiscal year 1997 and thereafter, 
18.33 	no county's aid amount under this section may be less than its base funding amount, provided 
19.1 	that the total amount appropriated for this purpose is at least as much as the aggregate base 
19.2 	funding amount defined in clause (9).
19.3 	(9) The "aggregate base funding amount" is equal to the sum of the base funding amounts 
19.4 	for all participating counties. If a county that participated under this section chooses not to 
19.5 	participate in any given year, then the aggregate base funding amount must be reduced by 
19.6 	that county's base funding amount. If a county that did not participate under this section in 
19.7 	fiscal year 1995 chooses to participate on or after July 1, 2015, then the aggregate base 
19.8 	funding amount must be increased by the amount of aid that the county would have received 
19.9 	had it participated in fiscal year 1995 plus the estimated amount it would have received in 
19.10 	caseload or workload reduction, felony caseload reduction, and sex offender supervision 
19.11 	grants in fiscal year 2015, as reported by the commissioner of corrections, and the amount 
19.12 	of increase shall be that county's base funding amount.
19.13 	(10) In any given year, the total amount appropriated for this purpose first must be 
19.14 	allocated to participating counties in accordance with each county's base funding amount. 
19.15 	Then, any remaining amount in excess of the aggregate base funding amount must be 
19.16 	allocated to participating counties in proportion to each county's share percent, and is referred 
19.17 	to as the county's "formula amount."
19.18 	Each participating county's "community corrections aid amount" equals the sum of (i) 
19.19 	the county's base funding amount, and (ii) the county's formula amount.
19.20 	(11) However, if in any year the total amount appropriated for the purpose of this section 
19.21 	is less than the aggregate base funding amount, then each participating county's community 
19.22 	corrections aid amount is the product of (i) the county's base funding amount multiplied by 
19.23 	(ii) the ratio of the total amount appropriated to the aggregate base funding amount.
19.24 	For each participating county, the county's community corrections aid amount calculated 
19.25 	in this subdivision is the total amount of subsidy to which the county is entitled under 
19.26 	sections 401.01 to 401.16.
19.27 	(a) Beginning in fiscal year 2024, the subsidy paid to each county and Tribal government 
19.28 	and the commissioner of corrections for supervision in counties or Tribal jurisdictions served 
19.29 	by the department shall equal the sum of:
19.30 	(1) a base funding amount equal to $200,000, plus:
19.31 	(i) ten percent of the total for all appropriations to the commissioner for community 
19.32 	supervision and postrelease services during the fiscal year prior to the fiscal year for which 
20.1 	the subsidy will be paid multiplied by the county's or Tribe's percent share of the state's 
20.2 	total population as determined by the most recent census; and
20.3 	(ii) ten percent of the total for all appropriations to the commissioner for community 
20.4 	supervision and postrelease services during the fiscal year prior to the fiscal year for which 
20.5 	the subsidy will be paid multiplied by the county's or Tribe's percent share of the state's 
20.6 	total geographic area; and
20.7 	(2) a community supervision formula equal to the sum of:
20.8 	(i) for felony cases, a felony per diem rate of $5.33 multiplied by the sum of the county's 
20.9 	adult felony population, adult supervised release and parole populations, and juvenile 
20.10 	supervised release and parole populations as reported in the most recent probation survey 
20.11 	published by the commissioner and then, multiplied by 365; and
20.12 	(ii) for gross misdemeanor, misdemeanor, and juvenile probation cases, the felony per 
20.13 	diem rate used in item (i) multiplied by 0.5 and then multiplied by the sum of the county's 
20.14 	gross misdemeanor, misdemeanor, and juvenile populations as reported in the most recent 
20.15 	probation survey published by the commissioner, multiplied by 365.
20.16 	(b) Each participating county's "community corrections aid amount" equals the sum of 
20.17 	(1) the county's base funding amount, and (2) the county's formula amount.
20.18 	(c) If in any year the total amount appropriated for the purpose of this section is more 
20.19 	than or less than the total of base funding plus community supervision formula funding for 
20.20 	all counties, then the sum of each county's base funding plus community supervision formula 
20.21 	funding shall be adjusted by the ratio of amounts appropriated for this purpose divided by 
20.22 	the total of base funding plus community supervision formula funding for all counties.
20.23 		Subd. 2.Transfer of funds. Notwithstanding any law to the contrary, the commissioner 
20.24 	of corrections, after notifying the committees on finance of the senate and ways and means 
20.25 	of the house of representatives, may, at the end of any fiscal year, transfer any unobligated 
20.26 	funds, including funds available due the withdrawal of a county under section 401.16, in 
20.27 	any appropriation to the Department of Corrections to the appropriation under sections 
20.28 	401.01 to 401.16, which appropriation shall not cancel but is reappropriated for the purposes 
20.29 	of sections 401.01 to 401.16.
20.30 		Subd. 3.Formula review. Prior to January 16, 2002, the committees with jurisdiction 
20.31 	over community corrections funding decisions in the house of representatives and the senate, 
20.32 	in consultation with the Department of Corrections and any interested county organizations, 
20.33 	must review the formula in subdivision 1 and make recommendations to the legislature for 
21.1 	its continuation, modification, replacement, or discontinuation. For fiscal year 2025 and 
21.2 	subsequent fiscal years, the commissioner shall make a funding recommendation based 
21.3 	upon the commissioner's workload study and the caseload data collected by the commissioner.
21.4 		Subd. 4.Report; supervision fees. (a) The commissioner must collect annual summary 
21.5 	expenditure data and funding from each community supervision provider in the state.
21.6 	(b) On January 15, 2025, and every year thereafter, the commissioner must submit a 
21.7 	report to the chairs and ranking minority members of the legislative committees and divisions 
21.8 	with jurisdiction over public safety finance and policy on the data collected under paragraph 
21.9 	(a). The report may be made in conjunction with reporting under section 244.21.

21.10 	Sec. 17. Minnesota Statutes 2022, section 401.11, is amended to read:
21.11 	401.11 COMPREHENSIVE PLAN ITEMS; GRANT REVIEW.
21.12 		Subdivision 1.Items. The comprehensive plan submitted to the commissioner for 
21.13 	approval shall must include those items prescribed by rule policy of the commissioner, 
21.14 	which may require the inclusion of the following including but not limited to:
21.15 	(a) (1) the manner in which presentence and postsentence investigations and reports for 
21.16 	the district courts and social history reports for the juvenile courts will be made;
21.17 	(b) (2) the manner in which conditional release services to the courts and persons under 
21.18 	jurisdiction of the commissioner of corrections will be provided;
21.19 	(c) (3) a program for the detention, supervision, and treatment of detaining, supervising, 
21.20 	and treating persons under pretrial detention or under commitment;
21.21 	(d) (4) delivery of other local correctional services defined in section 401.01;
21.22 	(e) (5) proposals for new programs, which proposals must demonstrate a need for the 
21.23 	program, its and the program's purpose, objective, administrative structure, staffing pattern, 
21.24 	staff training, financing, evaluation process, degree of community involvement, client 
21.25 	participation, and duration of program; and
21.26 	(6) outcome and output data, expenditures, and costs.
21.27 		Subd. 2.Review. In addition to the foregoing requirements made by this section, Each 
21.28 	participating CCA county or group of counties shall must develop and implement a procedure 
21.29 	for the review of grant reviewing subsidy applications made to the corrections advisory 
21.30 	board and for the manner in which corrections advisory board action will be taken on them
21.31 	the applications. A description of this the procedure must be made available to members of 
21.32 	the public upon request.

22.1 	Sec. 18. Minnesota Statutes 2022, section 401.14, subdivision 3, is amended to read:
22.2 		Subd. 3.Installment payments. The commissioner of corrections shall make payments 
22.3 	for community corrections services to each county in 12 installments per year. The 
22.4 	commissioner shall ensure that the pertinent payment of the allotment for each month is 
22.5 	made to each county on the first working day after the end of each month of the calendar 
22.6 	year, except for the last month of the calendar year. The commissioner shall ensure that 
22.7 	each county receives its payment of the allotment for that month no later than the last 
22.8 	working day of that month. The payment described in this subdivision for services rendered 
22.9 	during June 1985 shall be made on the first working day of July 1985.

22.10 	Sec. 19. Minnesota Statutes 2022, section 401.16, is amended to read:
22.11 	401.16 WITHDRAWAL FROM PROGRAM.
22.12 	Any participating county or Tribal government may, at the beginning of any calendar 
22.13 	quarter, by resolution of its board of commissioners or Tribal government leaders, notify 
22.14 	the commissioner of its intention to withdraw from the subsidy program established by 
22.15 	sections 401.01 to 401.16, and the withdrawal shall be effective the last day of the last month 
22.16 	of the quarter in third quarter after which the notice was given. Upon withdrawal, the 
22.17 	unexpended balance of moneys allocated to the county, or that amount necessary to reinstate 
22.18 	state correctional services displaced by that county's participation, including complement 
22.19 	positions, may, upon approval of the legislative advisory commission, be transferred to the 
22.20 	commissioner for the reinstatement of the displaced services and the payment of any other 
22.21 	correctional subsidies for which the withdrawing county had previously been eligible.

22.22 	Sec. 20. [401.17] COMMUNITY SUPERVISION ADVISORY COMMITTEE.
22.23 		Subdivision 1.Establishment; members. (a) The commissioner must establish a 
22.24 	Community Supervision Advisory Committee to develop and make recommendations to 
22.25 	the commissioner on standards for probation, supervised release, and community supervision. 
22.26 	The committee consists of 16 members as follows:
22.27 	(1) two directors appointed by the Minnesota Association of Community Corrections 
22.28 	Act Counties;
22.29 	(2) two probation directors appointed by the Minnesota Association of County Probation 
22.30 	Officers;
22.31 	(3) three county commissioner representatives appointed by the Association of Minnesota 
22.32 	Counties;
23.1 	(4) two behavioral health, treatment, or programming providers who work directly with 
23.2 	individuals on correctional supervision, one appointed by the Department of Human Services 
23.3 	and one appointed by the Minnesota Association of County Social Service Administrators;
23.4 	(5) two representatives appointed by the Minnesota Indian Affairs Council;
23.5 	(6) one commissioner-appointed representative from the Department of Corrections;
23.6 	(7) the chair of the statewide Evidence-Based Practice Advisory Committee;
23.7 	(8)  three individuals who have been supervised, either individually or collectively, under 
23.8 	each of the state's three community supervision delivery systems appointed by the 
23.9 	commissioner in consultation with the Minnesota Association of County Probation Officers 
23.10 	and the Minnesota Association of Community Corrections Act Counties; and
23.11 	(9) an advocate for victims of crime appointed by the commissioner.
23.12 	(b) When an appointing authority selects an individual for membership on the committee, 
23.13 	the authority must make reasonable efforts to reflect geographic diversity and to appoint 
23.14 	qualified members of protected groups, as defined under section 43A.02, subdivision 33.
23.15 	(c) The commissioner must convene the first meeting of the committee on or before July 
23.16 	15, 2024.
23.17 		Subd. 2.Terms; removal; reimbursement. (a) If there is a vacancy, the appointing 
23.18 	authority must appoint an individual to fill the vacancy. Committee members must elect 
23.19 	any officers and create any subcommittees necessary for the efficient discharge of committee 
23.20 	duties.
23.21 	(b) A member may be removed by the appointing authority at any time at the pleasure 
23.22 	of the appointing authority.
23.23 	(c) Each committee member must be reimbursed for all reasonable expenses actually 
23.24 	paid or incurred by that member in the performance of official duties in the same manner 
23.25 	as other employees of the state. The public members of the committee must be compensated 
23.26 	at the rate of $55 for each day or part of the day spent on committee activities.
23.27 		Subd. 3.Duties; committee. (a) The committee must comply with section 401.10.
23.28 	(b) By June 30, 2024, the committee must provide written advice and recommendations 
23.29 	to the commissioner on developing policy on:
23.30 	(1) developing statewide supervision standards and definitions to be applied to community 
23.31 	supervision provided by CPO counties, CCA counties, the Department of Corrections, and 
23.32 	Tribal governments;
24.1 	(2) requiring community supervision agencies to use the same agreed-upon risk screener 
24.2 	and risk and needs assessment tools as the main supervision assessment methods or a 
24.3 	universal five-level matrix allowing for consistent supervision levels and that all tools in 
24.4 	use be validated on Minnesota's community supervision population and revalidated every 
24.5 	five years;
24.6 	(3) requiring the use of assessment-driven, formalized collaborative case planning to 
24.7 	focus case planning goals on identified criminogenic and behavioral health need areas for 
24.8 	moderate- and high-risk individuals;
24.9 	(4) limiting standard conditions required for all people on supervision across all 
24.10 	supervision systems and judicial districts, ensuring that conditions of supervision are directly 
24.11 	related to the offense of the person on supervision, and tailoring special conditions to people 
24.12 	on supervision identified as high-risk and high-need;
24.13 	(5) providing gender-responsive, culturally appropriate services and trauma-informed 
24.14 	approaches;
24.15 	(6) developing a statewide incentives and sanctions grid to guide responses to client 
24.16 	behavior while under supervision to be reviewed and updated every five years to maintain 
24.17 	alignment with national best practices;
24.18 	(7) developing performance indicators for supervision success as well as recidivism;
24.19 	(8) developing a statewide training, coaching, and quality assurance system overseen 
24.20 	by an evidence-based practices coordinator; and
24.21 	(9) devising a plan, by December 1, 2024, to eliminate the financial penalty incurred by 
24.22 	a jurisdiction that successfully discharges an offender from supervision before the offender's 
24.23 	term of supervision concludes.
24.24 	(c) By December 1, 2024, and every six years thereafter, the committee must review 
24.25 	and reassess the existing workload study published by the commissioner under subdivision 
24.26 	4 and make recommendations to the commissioner based on the committee's review.
24.27 	(d) By June 30, 2024, the committee must submit a report on supervision fees to the 
24.28 	commissioner and the chairs and ranking minority members of the legislative committees 
24.29 	with jurisdiction over corrections policy and funding. The committee must collect data on 
24.30 	supervision fees and include the data in the report.
24.31 		Subd. 4.Duties; commissioner. The commissioner, in consultation with the committee, 
24.32 	must complete a workload study by December 1, 2024, to develop a capitated rate for 
25.1 	equitably funding community supervision throughout the state. The study must be updated 
25.2 	every six years after the initial study is completed.
25.3 		Subd. 5.Data collection; report. (a) By June 1, 2024, the advisory committee, in 
25.4 	consultation with the Minnesota Counties Computer Cooperative, must create a method to 
25.5 	(1) standardize data classifications across the three delivery systems, and (2) collect data 
25.6 	for the commissioner to publish in an annual report to the chairs and ranking minority 
25.7 	members of the legislative committees and divisions with jurisdiction over public safety 
25.8 	finance and policy.
25.9 	(b) The advisory committee's method, at a minimum, must provide for collecting the 
25.10 	following data:
25.11 	(1) the number of offenders placed on probation each year;
25.12 	(2) the offense levels and offense types for which offenders are placed on probation;
25.13 	(3) violation and revocation rates and the identified grounds for the violations and 
25.14 	revocations, including final disposition of the violation action such as execution of the 
25.15 	sentence, imposition of new conditions, or a custodial sanction;
25.16 	(4) the number of offenders granted early discharge from probation;
25.17 	(5) the number of offenders restructured on supervision, including imposition of new 
25.18 	conditions of release; and
25.19 	(6) the number of offenders revoked from supervision and the identified grounds for 
25.20 	revocation.
25.21 	(c) On February 1, 2025, and every year thereafter, the commissioner must prepare a 
25.22 	report that contains the data collected under the method established by the committee under 
25.23 	this subdivision. The report must provide an analysis of the collected data by race, gender, 
25.24 	and county.
25.25 	(d) Nothing in this section overrides the commissioner's authority to require additional 
25.26 	data be provided under sections 241.065, 401.06, 401.10, and 401.11.
25.27 		Subd. 6.Response. (a) Within 45 days of receiving the committee's recommendations, 
25.28 	the commissioner must respond in writing to the committee's advice and recommendations 
25.29 	under subdivision 3. The commissioner's response must explain:
25.30 	(1) whether the agency will adopt policy changes based on the recommendations;
25.31 	(2) the timeline for adopting policy changes; and
26.1 	(3) why the commissioner will not or cannot include any individual recommendations 
26.2 	of the committee in the agency's policy.
26.3 	(b) The commissioner must submit the advice and recommendations of the committee 
26.4 	to the chairs and ranking minority members of the legislative committees with jurisdiction 
26.5 	over public safety and finance.
26.6 		Subd. 7.Staff; meeting room; office equipment. The commissioner must provide the 
26.7 	committee with a committee administrator, staff support, a meeting room, and access to 
26.8 	office equipment and services.

26.9 	Sec. 21. Minnesota Statutes 2022, section 609.14, subdivision 1, is amended to read:
26.10 		Subdivision 1.Grounds. (a) When it appears that the defendant has violated any of the 
26.11 	conditions of probation or intermediate sanction, or has otherwise been guilty of misconduct 
26.12 	which warrants the imposing or execution of sentence, the court may without notice revoke 
26.13 	the stay and direct that the defendant be taken into immediate custody. Revocation should 
26.14 	only be used as a last resort when rehabilitation has failed.
26.15 	(b) When it appears that the defendant violated any of the conditions of probation during 
26.16 	the term of the stay, but the term of the stay has since expired, the defendant's probation 
26.17 	officer or the prosecutor may ask the court to initiate probation revocation proceedings 
26.18 	under the Rules of Criminal Procedure at any time within six months after the expiration 
26.19 	of the stay. The court also may initiate proceedings under these circumstances on its own 
26.20 	motion. If proceedings are initiated within this six-month period, the court may conduct a 
26.21 	revocation hearing and take any action authorized under rule 27.04 at any time during or 
26.22 	after the six-month period.
26.23 	(c) Notwithstanding the provisions of section 609.135 or any law to the contrary, after 
26.24 	proceedings to revoke the stay have been initiated by a court order revoking the stay and 
26.25 	directing either that the defendant be taken into custody or that a summons be issued in 
26.26 	accordance with paragraph (a), the proceedings to revoke the stay may be concluded and 
26.27 	the summary hearing provided by subdivision 2 may be conducted after the expiration of 
26.28 	the stay or after the six-month period set forth in paragraph (b). The proceedings to revoke 
26.29 	the stay shall not be dismissed on the basis that the summary hearing is conducted after the 
26.30 	term of the stay or after the six-month period. The ability or inability to locate or apprehend 
26.31 	the defendant prior to the expiration of the stay or during or after the six-month period shall 
26.32 	not preclude the court from conducting the summary hearing unless the defendant 
26.33 	demonstrates that the delay was purposefully caused by the state in order to gain an unfair 
26.34 	advantage.

27.1 	EFFECTIVE DATE. This section is effective August 1, 2023, and applies to violations 
27.2 	that occur on or after that date.

27.3 	Sec. 22. Minnesota Statutes 2022, section 609.14, is amended by adding a subdivision to 
27.4 	read:
27.5 		Subd. 1a.Violations where policies favor continued rehabilitation. (a) Correctional 
27.6 	treatment is better provided through a community resource than through confinement, it 
27.7 	would not unduly depreciate the seriousness of the violation if probation was not revoked, 
27.8 	and the policies favoring probation outweigh the need for confinement if a person has not 
27.9 	previously violated a condition of probation or intermediate sanction and does any of the 
27.10 	following in violation of a condition imposed by the court:
27.11 	(1) fails to abstain from the use of controlled substances without a valid prescription, 
27.12 	unless the person is under supervision for a violation of section:
27.13 	(i) 169A.20;
27.14 	(ii) 609.2112, subdivision 1, paragraph (a), clauses (2) to (6); or
27.15 	(iii) 609.2113, subdivision 1, clauses (2) to (6), 2, clauses (2) to (6), or 3, clauses (2) to 
27.16 	(6);
27.17 	(2) fails to abstain from the use of alcohol, unless the person is under supervision for a 
27.18 	violation of section:
27.19 	(i) 169A.20;
27.20 	(ii) 609.2112, subdivision 1, paragraph (a), clauses (2) to (6); or
27.21 	(iii) 609.2113, subdivision 1, clauses (2) to (6), 2, clauses (2) to (6), or 3, clauses (2) to 
27.22 	(6);
27.23 	(3) possesses drug paraphernalia in violation of section 152.092;
27.24 	(4) fails to obtain or maintain employment;
27.25 	(5) fails to pursue a course of study or vocational training;
27.26 	(6) fails to report a change in employment, unless the person is prohibited from having 
27.27 	contact with minors and the employment would involve such contact;
27.28 	(7) violates a curfew;
27.29 	(8) fails to report contact with a law enforcement agency, unless the person was charged 
27.30 	with a misdemeanor, gross misdemeanor, or felony; or
28.1 	(9) commits any offense for which the penalty is a petty misdemeanor.
28.2 	(b) A violation by a person described in paragraph (a) does not warrant the imposition 
28.3 	or execution of sentence and the court may not direct that the person be taken into immediate 
28.4 	custody unless the court receives a written report, signed under penalty of perjury pursuant 
28.5 	to section 358.116, showing probable cause to believe the person violated probation and 
28.6 	establishing by a preponderance of the evidence that the continued presence of the person 
28.7 	in the community would present a risk to public safety. If the court does not direct that the 
28.8 	person be taken into custody, the court may request a supplemental report from the 
28.9 	supervising agent containing:
28.10 	(1) the specific nature of the violation;
28.11 	(2) the response of the person under supervision to the violation, if any; and
28.12 	(3) the actions the supervising agent has taken or will take to address the violation.

28.13 	EFFECTIVE DATE. This section is effective August 1, 2023, and applies to violations 
28.14 	that occur on or after that date.

28.15 	Sec. 23. LOCAL CORRECTIONAL FEES; IMPOSITION ON OFFENDERS.
 28.16 	By August 1, 2025, each local correctional agency under Minnesota Statutes, section 
28.17 	244.18, must provide a plan for phasing out local correctional fees. A copy of the plan must 
28.18 	be provided to all individuals under supervision by the agency. Local correctional fees must 
28.19 	not increase from the effective date of this section through August 1, 2025.

28.20 	Sec. 24. COMMUNITY SUPERVISION ADVISORY COMMITTEE; REPORT.
 28.21 	(a) By January 15, 2025, the committee must submit a report to the chairs and ranking 
28.22 	minority members of the legislative committees with jurisdiction over public safety policy 
28.23 	and finance on progress toward developing standards and recommendations under Minnesota 
28.24 	Statutes, section 401.17, subdivision 3.
28.25 	(b) By January 15, 2026, the committee must submit a final report to the chairs and 
28.26 	ranking minority members of the legislative committees with jurisdiction over public safety 
28.27 	policy and finance on the standards and recommendations developed according to Minnesota 
28.28 	Statutes, section 401.17, subdivision 3. At a minimum, the recommendations must include 
28.29 	a proposed state-level Community Supervision Advisory Board with a governance structure 
28.30 	and duties for the board.

29.1 	Sec. 25. COMMUNITY SUPERVISION TARGETED INNOVATION GRANTS; 
29.2 	SPECIAL REVENUE ACCOUNT; APPROPRIATION.
 29.3 	(a) The community supervision targeted innovation account is created in the special 
29.4 	revenue fund consisting of money deposited, donated, allotted, transferred, or otherwise 
29.5 	provided to the account. Of the amount in the account, up to $....... each year is appropriated 
29.6 	to the commissioner of corrections for grants to be awarded to local and Tribal community 
29.7 	supervision agencies and nonprofits that provide services to persons on community 
29.8 	supervision.
29.9 	(b) The commissioner shall award grants to applicants that operate, or intend to operate, 
29.10 	innovative programs that target specific aspects of community supervision such as:
29.11 	(1) access to community options, including but not limited to inpatient substance use 
29.12 	disorder treatment for nonviolent controlled substance offenders to address and correct 
29.13 	behavior that is, or is likely to result in, a technical violation of the conditions of release;
29.14 	(2) reentry services;
29.15 	(3) restorative justice;
29.16 	(4) juvenile diversion;
29.17 	(5) family-centered approaches to supervision; and
29.18 	(6) funding the cost of mandated services and equipment as a means to improve 
29.19 	compliance rates for persons on community supervision.
29.20 	(c) Grant recipients must provide an annual report to the commissioner that includes:
29.21 	(1) the services provided by the grant recipient;
29.22 	(2) the number of individuals served in the previous year;
29.23 	(3) measurable outcomes of the recipient's program; and
29.24 	(4) any other information required by the commissioner.
29.25 	(d) By January 15, 2025, the commissioner shall report to the chairs and ranking minority 
29.26 	members of the legislative committees with jurisdiction over criminal justice policy and 
29.27 	finance on how the appropriations in this section were used. The report must detail the 
29.28 	impact the appropriations had on improving community supervision practices and outcomes.
29.29 	(e) The commissioner may use up to 2.5 percent of the annual appropriation to administer 
29.30 	the grants.

30.1 	Sec. 26. COMMUNITY SUPERVISION TARGETED INNOVATION ACCOUNT; 
30.2 	TRANSFER.
 30.3 	$....... in fiscal year 2024 is transferred from the general fund to the community 
30.4 	supervision targeted innovation account in the special revenue fund.

30.5 	Sec. 27. ACCOUNT ESTABLISHED; TRANSFER; APPROPRIATION.
 30.6 	(a) A community supervision account is established as a special revenue account in the 
30.7 	state treasury.
30.8 	(b) $99,761,000 in fiscal year 2024 is transferred from the base appropriation to the 
30.9 	Department of Corrections to the community supervision account in the special revenue 
30.10 	fund.
30.11 	(c) $83,178,000 in fiscal year 2024 is transferred from the general fund to the community 
30.12 	supervision account in the special revenue fund. This appropriation is added to the base.
30.13 	(d) For fiscal year 2025 and each year thereafter, the amount deposited in the community 
30.14 	supervision account pursuant to paragraphs (b) and (c) shall be the sum of the fiscal year 
30.15 	2024 appropriation multiplied by the ratio of the annual implicit price deflator for government 
30.16 	consumption expenditures and gross investment for state and local governments as prepared 
30.17 	by the United States Department of Commerce, for the most recently available year to the 
30.18 	2022 implicit price deflator for state and local government purchases.

30.19 	Sec. 28. REPEALER.
 30.20 	(a) Minnesota Statutes 2022, sections 244.19, subdivisions 6, 7, and 8; 244.22; 244.24; 
30.21 	and 244.30, are repealed.
30.22 	(b) Minnesota Statutes 2022, section 244.18, is repealed.

30.23 	EFFECTIVE DATE. Paragraph (a) is effective August 1, 2023, and paragraph (b) is 
30.24 	effective August 1, 2025.

APPENDIX 

Repealed Minnesota Statutes: S2380-1 

244.18 CORRECTIONAL FEES; SCHEDULE, COLLECTION, AND USE.Subdivision 1.Definitions. 
(a) For purposes of this section, the terms defined in this subdivision have the meanings given them. 

(b) "Correctional fees": 

(1) effective August 1, 2027, means fees charged or contracted for by a probation agency or the commissioner of corrections for court-ordered or community-provided correctional services, including but not limited to drug testing, electronic home monitoring, treatment, and programming; and 

(2) effective August 1, 2023, through July 31, 2027, include fees for the following correctional services: 

(i) community service work placement and supervision; 

(ii) restitution collection; 

(iii) supervision; 

(iv) court-ordered investigations; 

(v) any other court-ordered service; 

(vi) postprison supervision or other form of release; and 

(vii) supervision or other probation-related services provided by a probation agency or by the Department of Corrections for individuals supervised by the commissioner of corrections. 

(c) "Probation" has the meaning given in section 609.02, subdivision 15. 

(d) "Probation agency" means a probation agency, including a Tribal Nation, organized under section 244.19 or chapter 401. 

Subd. 2.Fee schedule. 
A probation agency or the commissioner of corrections may establish a schedule of correctional fees to charge individuals under the supervision and control of the agency or the commissioner, including individuals on supervised release, to defray costs associated with correctional services. The correctional fees on an agency's and the commissioner's schedule must be reasonably related to defendants' abilities to pay and the actual cost of correctional services. 

Subd. 3.Imposing and collecting fees. 
(a) The chief executive officer of a probation agency or the commissioner may impose and collect a correctional fee from individuals under the supervision and control of the agency or the commissioner. The probation agency or commissioner may collect the fee at any time while the individual is under sentence or after the sentence has been discharged. 

(b) A probation agency may not impose a fee under this section on an individual under the agency's supervision and control if: 

(1) the individual is supervised by the commissioner; and 

(2) the commissioner imposes and collects a fee under this section. 

(c) The agency or the commissioner may use any available civil means of debt collection to collect a correctional fee. 

Subd. 4.Waiving fee. 
The chief executive officer of a probation agency or the commissioner must waive a correctional fee for an individual under the agency's or commissioner's supervision and control if the officer or commissioner determines that: 

(1) the individual does not have the ability to pay the fee; 

(2) the prospects for payment are poor; or 

(3) there are extenuating circumstances justifying a waiver. 

(b) Instead of waiving a fee, the chief executive officer or commissioner may: 

(1) require the individual to perform community work service in lieu of paying the fee; or 

(2) credit the individual's involvement in programming at a rate established by the chief executive officer or commissioner. 

Subd. 5.Prioritizing restitution payment. 
If a defendant has been ordered by a court to pay restitution, the defendant must pay the restitution before paying a correctional fee. However, if the defendant is making reasonable payments to satisfy the restitution obligation, the probation agency or commissioner may simultaneously collect a correctional fee, subject to subdivision 4. 

Subd. 6.Using fees. 
(a) Except as provided under paragraph (b), clause (1), for a probation agency and the Department of Corrections, correctional fees must be used by the agency or the department to pay the costs of local correctional services but must not be used to supplant existing local funding for local correctional services. 

(b) Correctional fees must be deposited as follows: 

(1) correctional fees collected by Department of Corrections agents providing felony supervision under section 244.20 go to the general fund; and 

(2) all other correctional fees collected by Department of Corrections agents and probation agents go to the county or Tribal Nation treasurer in the county or Tribal Nation where supervision is provided, as applicable under section 244.19, subdivision 1f. 

Subd. 7.Annual report. 
(a) By January 15 each year, the commissioner must submit an annual report on implementing the commissioner's duties under this section to the chairs and ranking minority members of the senate and house of representatives committees and divisions with jurisdiction over criminal justice funding and policy. At a minimum, the report must include information on the types of correctional services for which fees were imposed, the aggregate amount of fees imposed, and the amount of fees collected. 

(b) This subdivision expires August 1, 2027. 

Subd. 8.Treatment fee for sex offenders. 
(a) The commissioner may authorize providers of sex offender treatment to charge and collect treatment co-pays from all offenders in their treatment program, with a co-pay assessed to each offender based on a fee schedule approved by the commissioner. 

(b) Fees collected under this subdivision must be used by the treatment provider to fund the cost of treatment. 

Subd. 9.Sunsetting supervision fees; sunset plan. 
(a) By August 1, 2025, each probation agency must provide to the commissioner a written plan for phasing out supervision fees for individuals under the agency's supervision and control, and the commissioner must review and approve the plan by August 1, 2027. By August 1, 2027, the commissioner must develop a written plan for phasing out supervision fees for individuals under the commissioner's supervision and control. 

(b) A copy of an approved plan must be provided to all individuals under the supervision and control of the agency or the commissioner and in a language and manner that each individual can understand. 

(c) Supervision fees must not be increased from August 1, 2023, through July 31, 2027. 

(d) This subdivision expires August 1, 2027. 

244.19 PROBATION SERVICES AND OFFICERS.
No active language found for: 244.19.6 

No active language found for: 244.19.7 

No active language found for: 244.19.8 

No active language found for: 244.22 

244.24 ASSESSING RISK FOR INDIVIDUALS ON PROBATION.
 All probation agencies must adopt written policies for assessing risk levels for individuals on probation. A probation agency must use a risk screener and risk and needs assessment tools as prescribed by its written policies. 

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.