HF 442

as introduced - 79th Legislature (1995 - 1996) 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 public defense, 
  1.4             criminal justice, corrections, and general judicial 
  1.5             expenses of state government; providing for the 
  1.6             transfer of certain money in the state treasury; 
  1.7             amending Minnesota Statutes 1994, section 626.861, 
  1.8             subdivision 4. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10  Section 1.  [CRIMINAL JUSTICE; APPROPRIATIONS.] 
  1.11     The sums shown in the columns marked "APPROPRIATIONS" are 
  1.12  appropriated from the general fund, or another fund named, to 
  1.13  the agencies and for the purposes specified in the following 
  1.14  sections of this act, to be available for the fiscal years 
  1.15  indicated for each purpose.  The figures "1996" and "1997," 
  1.16  where used in this article, mean that the appropriation or 
  1.17  appropriations listed under them are available for the year 
  1.18  ending June 30, 1996 or June 30, 1997, respectively. 
  1.19                          SUMMARY BY FUND
  1.20                            1996          1997           TOTAL
  1.21  General            $  407,935,000 $  422,236,000 $  830,171,000
  1.22  Special Revenue         4,144,000      4,152,000      8,296,000
  1.23  TOTAL              $  412,079,000 $  426,388,000 $  838,467,000
  1.24                                             APPROPRIATIONS 
  1.25                                         Available for the Year 
  1.26                                             Ending June 30 
  1.27                                            1996         1997 
  1.28  Sec. 2.  SUPREME COURT        
  2.1   Subdivision 1.  Total           
  2.2   Appropriation                       $ 18,733,000   $ 18,695,000
  2.3   The amounts that may be spent from this 
  2.4   appropriation for each program are 
  2.5   specified in the following subdivisions.
  2.6   Subd. 2.  Supreme Court Operations
  2.7        3,975,000      3,987,000 
  2.8   $2,500 the first year and $2,500 the 
  2.9   second year are for a contingent 
  2.10  account for expenses necessary for the 
  2.11  normal operation of the court for which 
  2.12  no other reimbursement is provided. 
  2.13  Subd. 3.  Civil Legal Services
  2.14       4,507,000      4,507,000 
  2.15  This appropriation is for legal service 
  2.16  to low-income clients and for family 
  2.17  farm legal assistance under Minnesota 
  2.18  Statutes, section 480.242.  Any 
  2.19  unencumbered balance remaining in the 
  2.20  first year does not cancel but is 
  2.21  available for the second year of the 
  2.22  biennium.  A qualified legal services 
  2.23  program, as defined in Minnesota 
  2.24  Statutes, section 480.24, subdivision 
  2.25  3, may provide legal services to 
  2.26  persons eligible for family farm legal 
  2.27  assistance under Minnesota Statutes, 
  2.28  section 480.242. 
  2.29  Subd. 4.  Family Law Legal
  2.30  Services
  2.31         877,000        877,000 
  2.32  This appropriation is to improve the 
  2.33  access of low-income clients to legal 
  2.34  representation in family law matters 
  2.35  and must be distributed under Minnesota 
  2.36  Statutes, section 480.242, to the 
  2.37  qualified legal services programs 
  2.38  described in Minnesota Statutes, 
  2.39  section 480.242, subdivision 2, 
  2.40  paragraph (a).  Any unencumbered 
  2.41  balance remaining in the first year 
  2.42  does not cancel and is available for 
  2.43  the second year of the biennium. 
  2.44  Subd. 5.  State Court Administrators
  2.45       7,400,000      7,335,000 
  2.46  Subd. 6.  Community Dispute Resolution 
  2.47         245,000        245,000 
  2.48  Subd. 7.  Law Library Operations
  2.49       1,729,000      1,744,000 
  2.50  Sec. 3.  COURT OF APPEALS              5,814,000      5,832,000
  2.51  Sec. 4.  DISTRICT COURTS              65,523,000     65,523,000
  2.52  Sec. 5.  BOARD OF JUDICIAL
  3.1   STANDARDS                                210,000        212,000
  3.2   Sec. 6.  TAX COURT                       592,000        592,000
  3.3   Sec. 7.  PRIVATE DETECTIVE AND
  3.4   PROTECTIVE AGENTS SERVICES BOARD         102,000        115,000
  3.5   Sec. 8.  BOARD OF PEACE OFFICER
  3.6   STANDARDS AND TRAINING                4,144,0000      4,152,000
  3.7   This appropriation is from the peace 
  3.8   officers training account in the 
  3.9   special revenue fund.  Any funds 
  3.10  deposited into the peace officers 
  3.11  training account in the special revenue 
  3.12  fund in excess of $4,144,000 in fiscal 
  3.13  year 1996 must be transferred and 
  3.14  credited to the general fund.  Any 
  3.15  funds deposited into the peace officers 
  3.16  training account in the special revenue 
  3.17  fund in excess of $4,152,000 in fiscal 
  3.18  year 1997 must be transferred and 
  3.19  credited to the general fund. 
  3.20  $280,000 in the first year and $279,000 
  3.21  in the second year are to reallocate 
  3.22  funds from local assistance grants to 
  3.23  the board's operating budget for staff 
  3.24  and related costs. 
  3.25  $25,000 in the first year is for a 
  3.26  computer study to determine the board's 
  3.27  needs for automation. 
  3.28  $1,000,000 in the first year and 
  3.29  $1,000,000 in the second year are for 
  3.30  grants to higher education institutions 
  3.31  providing post-secondary law 
  3.32  enforcement education programs. 
  3.33  Sec. 9.  PUBLIC DEFENSE BOARD
  3.34  Subdivision 1. Total
  3.35  Appropriation                         37,218,000     37,184,000
  3.36  None of this appropriation shall be 
  3.37  used to pay for lawsuits against public 
  3.38  agencies or public officials to change 
  3.39  social or public policy. 
  3.40  The amounts that may be spent from this 
  3.41  appropriation for each program are 
  3.42  specified in the following subdivisions.
  3.43  Subd. 2.  State Public Defender
  3.44       2,712,000      2,681,000 
  3.45  Subd. 3.  District Public Defense
  3.46      31,461,000     31,462,000
  3.47  $904,000 each year is for grants to the 
  3.48  five existing public defense 
  3.49  corporations under Minnesota Statutes, 
  3.50  section 611.216. 
  3.51  Subd. 4.  Public Defense Board
  3.52         745,000        741,000
  4.1   Subd. 5.  Governor's Recommended Increase
  4.2        2,300,000      2,300,000
  4.3   These appropriations are for the costs 
  4.4   relating to the 1994 Juvenile Justice 
  4.5   Bill, Laws 1994, chapter 576. 
  4.6   Subd. 6.  Transfers
  4.7   The board of public defense may 
  4.8   transfer unencumbered balances among 
  4.9   the programs specified in this section 
  4.10  after notifying the commissioner of 
  4.11  finance.  The transfer must be reported 
  4.12  immediately to the committee on finance 
  4.13  of the senate and the house of 
  4.14  representatives ways and means 
  4.15  committee. 
  4.16  Sec. 10.  CORRECTIONS                278,780,000    293,117,000
  4.17  The amounts appropriated for each 
  4.18  program are described in the following 
  4.19  subdivisions. 
  4.20  Subdivision 1.  Correctional
  4.21  Institutions
  4.22     183,702,000    191,621,000 
  4.23  For the biennium ending June 30, 1997, 
  4.24  and notwithstanding Minnesota Statutes, 
  4.25  section 243.51, the commissioner of 
  4.26  corrections may enter into agreements 
  4.27  with the appropriate officials of any 
  4.28  state, political subdivision, or the 
  4.29  United States, for housing prisoners in 
  4.30  Minnesota correctional facilities.  
  4.31  Money received under the agreements is 
  4.32  appropriated to the commissioner for 
  4.33  correctional purposes. 
  4.34  Subd. 2.  Community Services
  4.35      73,366,000     76,684,000
  4.36  $6,000,000 in the first year and 
  4.37  $9,000,000 in the second year are for a 
  4.38  statewide caseload reduction grant 
  4.39  program.  The commissioner shall 
  4.40  develop guidelines for the distribution 
  4.41  of these funds among all correctional 
  4.42  authorities in the state.  The 
  4.43  guidelines shall provide for the 
  4.44  establishment and use of uniform 
  4.45  definitions, shall give priority to the 
  4.46  reduction of high risk offender 
  4.47  caseloads at both the state and local 
  4.48  level, and may require recipients of 
  4.49  funds to report on the expenditure and 
  4.50  results achieved. 
  4.51  $6,750,000 each year is provided for an 
  4.52  Extended Jurisdiction Juvenile (EJJ) 
  4.53  Partnership grant program to assist 
  4.54  local units of government to deal with 
  4.55  the costs of programming EJJ offenders 
  4.56  at the local level.  The commissioner 
  4.57  shall develop guidelines for the 
  4.58  distribution, utilization, and 
  5.1   reporting on the use of these funds.  
  5.2   The guidelines shall require the return 
  5.3   of grant funds to the state in case 
  5.4   jurisdiction of an EJJ is given or 
  5.5   returned to the state. 
  5.6   Subd. 3.  Management Services
  5.7       21,712,000     24,812,000
  5.8   When awarding grants for victim 
  5.9   programs and services, the commissioner 
  5.10  shall give priority to geographic areas 
  5.11  that are unserved or underserved by 
  5.12  programs or services. 
  5.13  Subd. 4.  Transfers
  5.14  The commissioner of corrections may 
  5.15  transfer unencumbered balances among 
  5.16  the programs specified in this section 
  5.17  after getting the approval of the 
  5.18  commissioner of finance.  The 
  5.19  commissioner of finance shall not 
  5.20  approve a transfer unless the 
  5.21  commissioner believes that it will 
  5.22  carry out the intent of the 
  5.23  legislature.  The commissioner of 
  5.24  corrections must report any transfers 
  5.25  immediately to the committee on finance 
  5.26  of the senate and the house of 
  5.27  representatives ways and means 
  5.28  committee. 
  5.29  Sec. 11.  CORRECTIONS OMBUDSMAN          596,000        599,000
  5.30  Sec. 12.  SENTENCING GUIDELINES
  5.31  COMMISSION                               367,000        367,000
  5.32     Sec. 13.  [UNCODIFIED LANGUAGE.] 
  5.33     All uncodified language contained in this article expires 
  5.34  on June 30, 1997, unless a different expiration is explicit. 
  5.35     Sec. 14.  Minnesota Statutes 1994, section 626.861, 
  5.36  subdivision 4, is amended to read: 
  5.37     Subd. 4.  [PEACE OFFICERS TRAINING ACCOUNT.] (a) Receipts 
  5.38  from penalty assessments must be credited to a peace officer 
  5.39  officers training account in the special revenue fund.  The 
  5.40  peace officers standards and training board shall make the 
  5.41  following allocations from appropriated funds, net of operating 
  5.42  expenses:  
  5.43     (1) for fiscal year 1994: 
  5.44     (i) at least 25 percent for reimbursement to board-approved 
  5.45  skills courses; and 
  5.46     (ii) at least 13.5 percent for the school of law 
  5.47  enforcement; 
  6.1      (2) for fiscal year 1995: 
  6.2      (i) at least 17 percent to the community college system for 
  6.3   one-time start-up costs associated with the transition to an 
  6.4   integrated academic program; 
  6.5      (ii) at least eight percent for reimbursement to 
  6.6   board-approved skills courses in the technical college system; 
  6.7   and 
  6.8      (iii) at least 13.5 percent for the school of law 
  6.9   enforcement. 
  6.10     The balance in each year may be used to pay each local unit 
  6.11  of government an amount in proportion to the number of licensed 
  6.12  peace officers and constables employed, at a rate to be 
  6.13  determined by the board.  The disbursed amount must be used 
  6.14  exclusively for reimbursement of the cost of in-service training 
  6.15  required under this chapter and chapter 214. 
  6.16     (b) The board must not reduce allocations to law 
  6.17  enforcement agencies or higher education systems or institutions 
  6.18  to fund legal costs or other board-operating expenses not 
  6.19  presented in the board's biennial legislative budget 
  6.20  request except as authorized by the legislature. 
  6.21     (c) No school in Minnesota certified by the board shall 
  6.22  provide a nondegree professional peace officer education program 
  6.23  for any state agency or local law enforcement agency after 
  6.24  December 31, 1994, without affirmative legislative approval.