HF 434

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the organization and operation of state 
  1.3             government; appropriating money for the judicial 
  1.4             branch, public defense, corrections, and related 
  1.5             purposes; amending Minnesota Statutes 1996, sections 
  1.6             243.53; and 326.3386, subdivision 3, and by adding 
  1.7             subdivisions; Laws 1996, chapters 408, article 8, 
  1.8             sections 21; 22, subdivision 1; and 24; and 463, 
  1.9             section 16, subdivision 3. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  [CRIMINAL JUSTICE APPROPRIATIONS.] 
  1.12     The sums shown in the columns marked "APPROPRIATIONS" are 
  1.13  appropriated from the general fund, or another fund named, to 
  1.14  the agencies and for the purposes specified in this act, to be 
  1.15  available for the fiscal years indicated for each purpose.  The 
  1.16  figures "1998" and "1999," where used in this act, mean that the 
  1.17  appropriation or appropriations listed under them are available 
  1.18  for the year ending June 30, 1998, or June 30, 1999, 
  1.19  respectively. 
  1.20                          SUMMARY BY FUND
  1.21                                1998          1999          TOTAL
  1.22  General               $ 446,527,000 $ 459,119,000 $ 905,646,000
  1.23  Special Revenue           5,447,000     5,445,000    10,892,000
  1.24  TOTAL                 $ 451,974,000 $ 464,564,000 $ 916,538,000
  1.25                                             APPROPRIATIONS 
  1.26                                         Available for the Year 
  1.27                                             Ending June 30 
  1.28                                            1998         1999 
  1.29  Sec. 2.  SUPREME COURT            $   20,561,000 $   20,761,000
  2.1   Sec. 3.  COURT OF APPEALS              6,155,000      6,281,000 
  2.2   Sec. 4.  TRIAL COURTS                 71,450,000     72,912,000 
  2.3   Sec. 5.  BOARD OF JUDICIAL
  2.4   STANDARDS                                223,000        228,000 
  2.5   Sec. 6.  TAX COURT                       980,000        645,000 
  2.6   Sec. 7.  DEPARTMENT OF HUMAN RIGHTS 
  2.7   Subdivision 1.  Total
  2.8   Appropriation                          3,673,000      3,710,000 
  2.9   Subd. 2.  Contract Compliance
  2.10         346,000        315,000 
  2.11  Subd. 3.  Complaint Processing 
  2.12       2,625,000      2,679,000
  2.13  Subd. 4.  Management Services and 
  2.14  Administration 
  2.15         702,000        716,000
  2.16  Sec. 8.  BOARD OF PRIVATE DETECTIVE 
  2.17  AND PROTECTIVE AGENT SERVICES            130,000        132,000
  2.18  Sec. 9.  BOARD OF PEACE OFFICER 
  2.19  STANDARDS AND TRAINING                 3,582,000      3,576,000
  2.20  These appropriations are from the peace 
  2.21  officers training account in the 
  2.22  special revenue fund.  Any receipts 
  2.23  credited to the peace officer training 
  2.24  account in the special revenue fund in 
  2.25  the first year in excess of $3,582,000 
  2.26  must be transferred and credited to the 
  2.27  general fund.  Any receipts credited to 
  2.28  the peace officer training account in 
  2.29  the special revenue fund in the second 
  2.30  year in excess of $3,576,000 must be 
  2.31  transferred and credited to the general 
  2.32  fund. 
  2.33  Sec. 10.  BOARD OF PUBLIC DEFENSE     41,563,000     42,138,000
  2.34  Sec. 11.  AUTO THEFT 
  2.35  PREVENTION BOARD                       1,865,000      1,869,000 
  2.36  These appropriations are from the 
  2.37  automobile theft prevention account in 
  2.38  the special revenue fund. 
  2.39  Sec. 12.  CORRECTIONS 
  2.40  Subdivision 1.  Total 
  2.41  Appropriation                        300,797,000    311,291,000
  2.42  The amounts that may be spent from this 
  2.43  appropriation for each program are 
  2.44  specified in the following subdivisions.
  2.45  Subd. 2.  Correctional 
  2.46  Institutions  
  2.47     183,220,000    191,933,000
  2.48  $400,000 the first year and $400,000 
  3.1   the second year are for additional 
  3.2   funding for repair and maintenance of 
  3.3   state facilities operated by the 
  3.4   department of corrections. 
  3.5   $225,000 the first year and $225,000 
  3.6   the second year are for the expansion 
  3.7   of the fugitive unit. 
  3.8   Subd. 3.  Juvenile Services 
  3.9       18,344,000     18,812,000
  3.10  $1,650,000 the first year and 
  3.11  $2,100,000 the second year are for 
  3.12  three juvenile camp programs at Camp 
  3.13  Ripley designed to deter recidivism 
  3.14  among juvenile offenders by targeting 
  3.15  first-time offenders and enforcing more 
  3.16  intensive activities among repeat 
  3.17  offenders. 
  3.18  $900,000 the first year and $900,000 
  3.19  the second year are for the special 
  3.20  needs of juvenile offenders at the Red 
  3.21  Wing and Sauk Centre juvenile 
  3.22  correctional facilities.  Up to 
  3.23  $100,000 of the appropriation in the 
  3.24  first year is available to evaluate the 
  3.25  effectiveness of the PREPARE program at 
  3.26  Red Wing. 
  3.27  $320,000 the first year is to construct 
  3.28  a new building for Thistledew Camp's 
  3.29  new Wilderness Endeavors program. 
  3.30  $130,000 the first year and $130,000 
  3.31  the second year shall be used by the 
  3.32  commissioner of corrections to improve 
  3.33  aftercare services for juveniles 
  3.34  released from correctional facilities. 
  3.35  Subd. 4.  Community Services 
  3.36      79,568,000     80,695,000
  3.37  $1,686,000 the first year and 
  3.38  $1,686,000 the second year are for 
  3.39  additional funding for statewide 
  3.40  probation caseload reduction. 
  3.41  $1,500,000 the first year and 
  3.42  $1,500,000 the second year are for an 
  3.43  innovation grant program for the 
  3.44  purpose of developing drug, night, and 
  3.45  family courts and other innovative 
  3.46  judicial strategies to deliver more 
  3.47  efficient and effective justice to 
  3.48  offenders, victims, and other 
  3.49  participants in the criminal justice 
  3.50  system. 
  3.51  All money received by the commissioner 
  3.52  of corrections pursuant to the domestic 
  3.53  abuse assessment fee under Minnesota 
  3.54  Statutes, section 609.2244, shall be 
  3.55  available for use by the commissioner 
  3.56  and is appropriated annually to the 
  3.57  commissioner of corrections for costs 
  3.58  related to conducting the assessments. 
  4.1   Subd. 5.  Crime Victim and 
  4.2   Prevention Services
  4.3       10,242,000     10,240,000
  4.4   $80,000 the first year and $60,000 the 
  4.5   second year are for implementation of 
  4.6   an automated victim notification system.
  4.7   Subd. 6.  Management Services  
  4.8        9,423,000      9,611,000
  4.9   Sec. 13.  CORRECTIONS OMBUDSMAN          565,000        580,000
  4.10  Sec. 14.  SENTENCING GUIDELINES 
  4.11  COMMISSION                               395,000        405,000
  4.12  Sec. 15.  UNIFORM LAWS COMMISSION         35,000         36,000
  4.13     Sec. 16.  Laws 1996, chapter 463, section 16, subdivision 
  4.14  3, is amended to read: 
  4.15  Subd. 3.  New Facility                               89,000,000
  4.16  To complete design and to construct, 
  4.17  furnish, and equip a new close-custody 
  4.18  correctional facility at level four to 
  4.19  provide at least 800 beds. 
  4.20  The commissioner of administration 
  4.21  shall develop a design alternative to 
  4.22  bid and construct one of the six 
  4.23  residential pods at the new facility to 
  4.24  accommodate two inmates per cell.  This 
  4.25  would result in a total of 680 single 
  4.26  occupancy close-custody cells, and 136 
  4.27  medium-custody double occupancy cells. 
  4.28  The commissioner of administration may 
  4.29  use construction delivery methods as 
  4.30  may be appropriate to minimize the cost 
  4.31  of the facility and maximize the 
  4.32  construction time savings.  
  4.33  Before final contract documents for 
  4.34  this project are advertised for 
  4.35  construction bids, the commissioners of 
  4.36  administration and corrections shall 
  4.37  certify to the chairs of the senate 
  4.38  finance committee, the senate crime 
  4.39  prevention finance division, the house 
  4.40  ways and means committee, the house 
  4.41  judiciary finance committee, and the 
  4.42  house capital investment committee that 
  4.43  the program scope of the project has 
  4.44  not increased since the project budget 
  4.45  was reviewed in accordance with 
  4.46  Minnesota Statutes, section 16B.335.  
  4.47  Upon receipt and evaluation of 
  4.48  construction bids and before awarding 
  4.49  contracts for the construction phase of 
  4.50  the project, the commissioner of 
  4.51  administration shall provide the bids 
  4.52  and evaluation to the chairs of the 
  4.53  senate finance committee and the house 
  4.54  ways and means committee and the chairs 
  4.55  of the policy committees and finance 
  4.56  divisions having jurisdiction over 
  5.1   criminal justice policy.  Within 14 
  5.2   days after receiving them, the chairs 
  5.3   shall advise the commissioner on which 
  5.4   design should be constructed.  
  5.5   If the chairs advise the 952-bed 
  5.6   option, but the legislature does not 
  5.7   appropriate by April 15, 1997, any 
  5.8   additional money that may be needed to 
  5.9   complete the project with that option, 
  5.10  the commissioner shall award the bids 
  5.11  for the 800-bed single-cell 
  5.12  close-custody facility in order to 
  5.13  avoid delays that would further 
  5.14  escalate the cost of the project. 
  5.15  Upon receipt and evaluation of 
  5.16  construction bids and before awarding 
  5.17  contracts for the construction phase of 
  5.18  the project, the commissioners of 
  5.19  administration and finance shall inform 
  5.20  the same committee chairs of the 
  5.21  project budget necessary to complete 
  5.22  that portion of the project.  Any 
  5.23  portion of this appropriation that 
  5.24  exceeds the project budget shall be 
  5.25  unallotted by the commissioner of 
  5.26  finance. 
  5.27  By February 1 of each year, the 
  5.28  commissioner shall report to the chairs 
  5.29  of the house judiciary committee and 
  5.30  senate crime prevention committee on 
  5.31  efforts to recruit a workforce for the 
  5.32  correctional facility that is 
  5.33  proportional to the protected groups in 
  5.34  the inmate population, the results of 
  5.35  the efforts, and recommendations for 
  5.36  achieving the goal of proportional 
  5.37  representation of protected class 
  5.38  employees in relation to the inmate 
  5.39  population. 
  5.40     Sec. 17.  Minnesota Statutes 1996, section 243.53, is 
  5.41  amended to read: 
  5.42     243.53 [SEPARATE CELLS; MULTIPLE OCCUPANCY STANDARDS.] 
  5.43     Subdivision 1.  [SEPARATE CELLS.] When there are cells 
  5.44  sufficient, each convict inmate shall be confined in a separate 
  5.45  cell.  Each inmate shall be confined in a separate cell 
  5.46  in close, maximum, and high security facilities custody level 
  5.47  five and level six institutions, including the St. Cloud, 
  5.48  Stillwater, and Oak Park Heights facilities, but not 
  5.49  including geriatric or honor dormitory-type facilities housing. 
  5.50     Subd. 2.  [MULTIPLE OCCUPANCY STANDARDS.] A medium security 
  5.51  correctional facility that is built or remodeled after July 1, 
  5.52  1992, for the purpose of increasing inmate capacity must be 
  5.53  designed and built to Custody level one through level four 
  6.1   institutions shall comply with multiple occupancy standards 
  6.2   for not more than at least one-half of the facility's capacity 
  6.3   and must include a maximum capacity figure.  A minimum security 
  6.4   correctional facility that is built or remodeled after July 1, 
  6.5   1992, must be designed and built to comply with minimum security 
  6.6   multiple occupancy standards.  Multiple occupancy standards must 
  6.7   include double celling and a maximum capacity figure. 
  6.8      Sec. 18.  Minnesota Statutes 1996, section 326.3386, 
  6.9   subdivision 3, is amended to read: 
  6.10     Subd. 3.  [DESIGNATION FEE.] When a licensed private 
  6.11  detective or protective agent who is a partnership or 
  6.12  corporation, desires to designate a new qualified representative 
  6.13  or Minnesota manager, a fee equal to one-half of the application 
  6.14  license fee shall be submitted to the board. 
  6.15     Sec. 19.  Minnesota Statutes 1996, section 326.3386, is 
  6.16  amended by adding a subdivision to read: 
  6.17     Subd. 6a.  [TRAINING COURSE CERTIFICATION FEE.] An 
  6.18  applicant for training course certification, as specified in 
  6.19  section 326.3361, shall pay to the board a course certification 
  6.20  fee determined by the board. 
  6.21     Sec. 20.  Minnesota Statutes 1996, section 326.3386, is 
  6.22  amended by adding a subdivision to read: 
  6.23     Subd. 6b.  [TRAINING COURSE RECERTIFICATION FEE.] An 
  6.24  applicant for training course recertification shall pay to the 
  6.25  board a course recertification fee determined by the board. 
  6.26     Sec. 21.  Laws 1996, chapter 408, article 8, section 21, is 
  6.27  amended to read:  
  6.28     Sec. 21.  [TEMPORARY PROVISION; ELECTION TO RETAIN 
  6.29  RETIREMENT COVERAGE.] 
  6.30     (a) An employee in a position specified as qualifying under 
  6.31  sections 11, 12, 14, and 15, may elect to retain coverage under 
  6.32  the general employees retirement plan of the Minnesota state 
  6.33  retirement system or the teachers retirement association, or may 
  6.34  elect to have coverage transferred to and to contribute to the 
  6.35  correctional employees retirement plan.  An employee electing to 
  6.36  participate in the correctional employees retirement plan shall 
  7.1   begin making contributions to the correctional plan beginning 
  7.2   the first full pay period after January 1, 1997, or the first 
  7.3   full pay period following filing of their election to transfer 
  7.4   coverage to the correctional employees retirement plan, 
  7.5   whichever is later.  The election to retain coverage or to 
  7.6   transfer coverage must be made in writing by the person on a 
  7.7   form prescribed by the executive director of the Minnesota state 
  7.8   retirement system and must be filed with the executive director 
  7.9   no later than June 30 December 31, 1997. 
  7.10     (b) An employee failing to make an election by June 15, 
  7.11  1997, must be notified by certified mail by the executive 
  7.12  director of the Minnesota state retirement system or of the 
  7.13  teachers retirement association, whichever applies, of the 
  7.14  deadline to make a choice.  A person who does not submit an 
  7.15  election form must continue coverage in the general employees 
  7.16  retirement plan or the teachers retirement association, 
  7.17  whichever applies, and forfeits all rights to transfer 
  7.18  retirement coverage to the correctional employees retirement 
  7.19  plan. 
  7.20     (c) The election to retain coverage in the general employee 
  7.21  retirement plan or the teachers retirement association or the 
  7.22  election to transfer retirement coverage to the correctional 
  7.23  employees retirement plan is irrevocable once it is filed with 
  7.24  the executive director. 
  7.25     Sec. 22.  Laws 1996, chapter 408, article 8, section 22, 
  7.26  subdivision 1, is amended to read: 
  7.27     Subdivision 1.  [ELECTION OF PRIOR STATE SERVICE COVERAGE.] 
  7.28  (a) An employee who has future retirement coverage transferred 
  7.29  to the correctional employees retirement plan under sections 11, 
  7.30  12, 14, and 15, and 16, and who does not elect to retain general 
  7.31  state employee retirement plan or teachers retirement 
  7.32  association coverage is entitled to elect to obtain prior 
  7.33  service credit for eligible state service performed on or after 
  7.34  July 1, 1975, and before the first day of the first full pay 
  7.35  period beginning after June 30 December 31, 1997, with the 
  7.36  department of corrections or with the department of human 
  8.1   services at the Minnesota security hospital or the Minnesota 
  8.2   sexual psychopathic personality treatment center.  All prior 
  8.3   service credit must be purchased.  
  8.4      (b) Eligible state service with the department of 
  8.5   corrections or with the department of human services is any 
  8.6   prior period of continuous service on or after July 1, 1975, 
  8.7   performed as an employee of the department of corrections or of 
  8.8   the department of human services that would have been eligible 
  8.9   for the correctional employees retirement plan coverage under 
  8.10  sections 11, 12, 14, and 15, and 16, if that prior service had 
  8.11  been performed after the first day of the first full pay period 
  8.12  beginning after December 31, 1996, rather than before that 
  8.13  date.  Service is continuous if there has been no period of 
  8.14  discontinuation of eligible state service for a period greater 
  8.15  than 180 calendar days. 
  8.16     (c) The department of corrections or the department of 
  8.17  human services, whichever applies, shall certify eligible state 
  8.18  service to the executive director of the Minnesota state 
  8.19  retirement system. 
  8.20     (d) A covered correctional plan employee employed on 
  8.21  January 1, 1997, who has past service in a job classification 
  8.22  covered under section 11, 12, 14, or 15, or 16, on January 1, 
  8.23  1997, is entitled to purchase the past service if the applicable 
  8.24  department certifies that the employee met the eligibility 
  8.25  requirements for coverage.  The employee must make the 
  8.26  additional employee contributions under section 17.  Payments 
  8.27  for past service must be completed by June 30, 1999. 
  8.28     Sec. 23.  Laws 1996, chapter 408, article 8, section 24, is 
  8.29  amended to read: 
  8.30     Sec. 24.  [EARLY RETIREMENT INCENTIVE.] 
  8.31     This section applies to an employee who has future 
  8.32  retirement coverage transferred to the correctional employee 
  8.33  retirement plan under sections 11, 12, 14, and 15, and 16, and 
  8.34  who is at least 55 years old on the effective date of sections 
  8.35  11, 12, 14, and 15, and 16.  That employee may participate in a 
  8.36  health insurance early retirement incentive available under the 
  9.1   terms of a collective bargaining agreement in effect on the day 
  9.2   before the effective date of sections 11, 12, 14, and 15, and 
  9.3   16, notwithstanding any provision of the collective bargaining 
  9.4   agreement that limits participation to persons who select the 
  9.5   option during the payroll period in which their 55th birthday 
  9.6   occurs.  A person selecting the health insurance early 
  9.7   retirement incentive under this section must retire by the later 
  9.8   of December 31, 1997 June 30, 1998, or within the pay period 
  9.9   following the time at which the person has at least three years 
  9.10  of covered correctional service, including any purchased service 
  9.11  credit.  An employee meeting this criteria who wishes to extend 
  9.12  the person's employment must do so under Minnesota Statutes, 
  9.13  section 43A.34, subdivision 3.