SF 4265

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/10/2026 09:41 a.m.

A bill for an act
relating to corrections; clarifying benefits for community corrections employees;
requiring a report; appropriating money; amending Minnesota Statutes 2024,
section 401.04.

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

Section 1.

Minnesota Statutes 2024, section 401.04, is amended to read:

401.04 ACQUIRING PROPERTY; SELECTING ADMINISTRATIVE
STRUCTURE; EMPLOYEES.

Subdivision 1.

County and Tribal Nation authority.

Any county or Tribal Nation
electing to become a CCA jurisdiction may:

(1) acquire by any lawful means, including purchase, lease, or transfer of custodial
control, the lands, buildings, and equipment necessary and incident to accomplishing the
purposes of this chapter;

(2) determine and establish an administrative structure best suited to the efficient
administration and delivery of correctional services; deleted text begin and
deleted text end

(3) employ a director and other officers, employees, and agents as deemed necessary to
implement this chapter deleted text begin . deleted text end new text begin ; and
new text end

new text begin (4) file, with the commissioner of corrections, a resolution adopted by the county board.
The resolution must state the county's intent to assume jurisdiction under this chapter and
must specify the effective date of the transition. The transition is effective on the date stated
in the resolution, unless subsequently amended by a county.
new text end

Subd. 2.

Providing for displaced employees.

(a) To the extent that a county assumes
and takes over state and local correctional services presently provided in the county, the
probation officers and other employees displaced by the changeover must be employed by
the county at no loss of salary. Years of service in the state are to be given full credit for
future sick leave and vacation accrual purposes.

(b) If an officer or other employee is hired by a county, employment must, to the extent
possible and notwithstanding any other law to the contrary, be deemed a transfer in grade
deleted text begin with all of the benefits enjoyed by the officer or employee deleted text end new text begin for purposes of job classification
and rate of pay new text end while in the service of the state or local correctional service.

(c) State or local employees displaced by county participation in the subsidy program
are on layoff status and, if not hired by a participating county as provided under this
subdivision, may exercise their rights under layoff procedures established by law or
collective-bargaining agreement, whichever is applicable.

(d) State or local officers and employees displaced by a county's participation in the
Community Corrections Act and hired by the participating county retain all fringe benefits
and recall from layoff benefits accrued by seniority and enjoyed by them while in the service
of the state.

new text begin (e) The state is responsible for payment of any accrued or earned benefits established
under a collective bargaining agreement that were accumulated during state employment
before a county assumed jurisdiction under this chapter. A county that assumes jurisdiction
under this chapter is not liable for the accrued or earned benefits accumulated under state
employment and is not required to recognize, credit, or transfer accrued or earned benefits
accumulated while in service to the state.
new text end

new text begin (f) A county is responsible for payment of any accrued or earned benefits established
under a collective bargaining agreement that were accumulated during county employment
before the state assumed jurisdiction under this chapter. When the state assumes jurisdiction
under this chapter, the state is not liable for the accrued or earned benefits accumulated
under county employment and is not required to recognize, credit, or transfer the accrued
or earned benefits accumulated while in service to the county.
new text end

deleted text begin (e) deleted text end new text begin (g) new text end This subdivision applies to the extent consistent with state and Tribal law.

Sec. 2. new text begin APPROPRIATION; REIMBURSEMENT FOR TRANSITIONED COUNTIES.
new text end

new text begin Subdivision 1. new text end

new text begin Appropriation. new text end

new text begin $150,000 in fiscal year 2027 is appropriated from the
general fund to the commissioner of revenue for distributions to counties that have
transitioned to a Community Corrections Act (CCA) jurisdiction on or after August 1, 2023.
new text end

new text begin Subd. 2. new text end

new text begin Purpose. new text end

new text begin Distribution money must be used to reimburse eligible counties for
fringe benefit costs paid by the county that are attributable to state collective bargaining
agreements, including but not limited to accrued vacation, sick leave, severance, or other
benefits earned under state employment before the county transitioned to a CCA jurisdiction.
new text end

new text begin Subd. 3. new text end

new text begin Application and award. new text end

new text begin (a) A county seeking reimbursement under this section
must submit a request to the commissioner of revenue in the form and manner prescribed
by the commissioner.
new text end

new text begin (b) The request must include documentation of the fringe benefit costs incurred as a
result of the county's transition to a CCA jurisdiction.
new text end

new text begin (c) The commissioner must review applications and must award distributions to reimburse
verified eligible costs, subject to the availability of appropriated money.
new text end

new text begin Subd. 4. new text end

new text begin Report. new text end

new text begin By January 15, 2028, the commissioner of revenue must report to the
chairs and ranking minority members of the legislative committees with jurisdiction over
corrections policy and finance on the awards made under this section, including the counties
that received money and the total amounts reimbursed.
new text end