HF 1337

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

  1.1                          A bill for an act
  1.2             relating to community corrections; providing a single 
  1.3             system for counties to deliver and finance local 
  1.4             community justice services; requiring counties to 
  1.5             develop a comprehensive plan for developing and 
  1.6             administering these services as a condition of 
  1.7             receiving the state subsidy for community justice 
  1.8             services; repealing the county probation officer law 
  1.9             and the Community Corrections Act; amending Minnesota 
  1.10            Statutes 1996, sections 241.021, subdivision 1; 
  1.11            353.01, subdivision 16; 388.24, subdivision 2; 
  1.12            401.065, subdivision 2; and 402.03; proposing coding 
  1.13            for new law as Minnesota Statutes, chapter 401A; 
  1.14            repealing Minnesota Statutes 1996, sections 260.311; 
  1.15            401.01; 401.02; 401.03; 401.04; 401.05; 401.06; 
  1.16            401.07; 401.08; 401.09; 401.10; 401.11; 401.12; 
  1.17            401.13; 401.14; 401.15; and 401.16. 
  1.18  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.19                             ARTICLE 1
  1.20                   COMMUNITY JUSTICE SERVICES ACT
  1.21     Section 1.  [401A.01] [PURPOSE AND DEFINITIONS.] 
  1.22     Subdivision 1.  [PURPOSE.] The purpose of sections 401A.01 
  1.23  to 401A.14 is to develop and maintain an integrated system of 
  1.24  community justice services under county administration and 
  1.25  within a system of state guidelines and standards, in order to 
  1.26  create consistent statewide policies and services, hold 
  1.27  community justice services accountable to local and state 
  1.28  policies and objectives, and improve the availability of 
  1.29  community justice services statewide.  
  1.30     Subd. 2.  [DEFINITIONS.] (a) For the purposes of sections 
  1.31  401A.01 to 401.14, the following terms have the meanings given 
  2.1   them. 
  2.2      (b) "Commissioner" means the commissioner of corrections or 
  2.3   a designee. 
  2.4      (c) "Community justice services" means restorative justice 
  2.5   programs, probation, preventive or diversionary correctional 
  2.6   programs, conditional release programs, community corrections 
  2.7   centers, facilities for detention or confinement, care and 
  2.8   treatment of persons convicted of crime or adjudicated 
  2.9   delinquent, and other programs included in the community justice 
  2.10  services plan submitted by the county or counties and approved 
  2.11  by the commissioner. 
  2.12     (d) "Conditional release" includes probation, parole, 
  2.13  supervised release, and work release as authorized by sections 
  2.14  241.26 and 244.065. 
  2.15     (e) "County board" or "county" means a county board of 
  2.16  commissioners as defined in chapter 375. 
  2.17     (f) "Joint board" means the board provided in section 
  2.18  471.59. 
  2.19     (g) "Probation" means a court-ordered sanction: 
  2.20     (1) imposed upon an offender for a period of supervision no 
  2.21  greater than that set by statute; 
  2.22     (2) imposed as an alternative to confinement or in 
  2.23  conjunction with confinement or intermediate sanctions; and 
  2.24     (3) the purpose of which is to deter further criminal 
  2.25  behavior, punish the offender, help provide reparations to crime 
  2.26  victims and their communities, and provide offenders with 
  2.27  opportunities for rehabilitation. 
  2.28     Sec. 2.  [401A.02] [ESTABLISHMENT AND ORGANIZATION; 
  2.29  RESPONSIBILITIES OF COUNTIES.] 
  2.30     Subdivision 1.  [ESTABLISHMENT.] (a) The county board must 
  2.31  participate in the community justice services system and shall 
  2.32  receive grants from the commissioner to provide community 
  2.33  justice services. 
  2.34     (b) A county may form a joint powers board of community 
  2.35  justice services delivery with other counties to undertake the 
  2.36  responsibilities of sections 401A.01 to 401A.14. 
  3.1      Subd. 2.  [RESPONSIBILITIES OF COUNTY.] (a) A county must: 
  3.2      (1) create and establish a community justice advisory 
  3.3   board; 
  3.4      (2) designate the county officer or agency to be 
  3.5   responsible for administering subsidy funds; 
  3.6      (3) prepare a comprehensive plan for the development, 
  3.7   implementation, and operation of community justice services, 
  3.8   including the assumption of those community justice services, 
  3.9   other than the operation of state facilities, previously 
  3.10  provided in the county by the department of corrections before 
  3.11  the effective date of this chapter; and 
  3.12     (4) provide centralized administration and control of 
  3.13  community justice services.  
  3.14     The comprehensive plan must include a description of the 
  3.15  risk classification system used in the county. 
  3.16     (b) The county agency responsible for administration of 
  3.17  community justice services must collect, maintain, and report 
  3.18  outcome measurements annually as determined by the commissioner. 
  3.19     (c) Where counties combine as authorized in this section, 
  3.20  they shall comply with the provisions of section 471.59. 
  3.21     Subd. 3.  [ESTABLISHMENT AND REORGANIZATION OF 
  3.22  ADMINISTRATIVE STRUCTURE.] Any county or group of counties may 
  3.23  establish, organize, and reorganize an administrative structure 
  3.24  and provide for the budgeting, staffing, and operation of 
  3.25  community justice services, construction, or improvement to 
  3.26  juvenile detention and juvenile community justice facilities and 
  3.27  adult detention and community justice facilities, and other 
  3.28  activities required to conform to the purposes of this chapter.  
  3.29  No contrary general or special statute divests any county or 
  3.30  group of counties of the authority granted by this subdivision. 
  3.31     Subd. 4.  [DETAINING PERSON ON CONDITIONAL RELEASE OR 
  3.32  PROBATION.] (a) The written order of the chief executive officer 
  3.33  or designee of a community justice agency established under this 
  3.34  chapter is sufficient authority for peace officers and probation 
  3.35  officers serving the district and juvenile courts of 
  3.36  participating counties, when it appears necessary to prevent 
  4.1   escape or enforce discipline, to take and detain a probationer, 
  4.2   or any person on conditional release and bring that person 
  4.3   before the court or the commissioner of corrections or a 
  4.4   designee, whichever is appropriate, for disposition.  No 
  4.5   probationer or other person on conditional release shall be 
  4.6   detained more than 72 hours, exclusive of legal holidays, 
  4.7   Saturdays, and Sundays, under this subdivision without being 
  4.8   provided with the opportunity for a hearing before the court or 
  4.9   the commissioner of corrections or a designee. 
  4.10     (b) The written order of the chief executive officer or 
  4.11  designee of a community justice agency established under this 
  4.12  chapter is sufficient authority for probation officers serving 
  4.13  the district and juvenile courts of participating counties to 
  4.14  release within 72 hours, exclusive of legal holidays, Saturdays, 
  4.15  and Sundays, without appearance before the court or the 
  4.16  commissioner of corrections or a designee, any person detained 
  4.17  under paragraph (a). 
  4.18     (c) When providing supervision and other community justice 
  4.19  services to persons conditionally released under sections 
  4.20  241.26, 242.19, 243.05, 243.16, 244.05, and 244.065, including 
  4.21  intercounty transfer of persons on conditional release, and the 
  4.22  conduct of presentence investigations, counties shall comply 
  4.23  with the relevant policies and procedures prescribed by the 
  4.24  commissioner of corrections. 
  4.25     (d) The written order of the chief executive officer or 
  4.26  designee of a community justice agency established under this 
  4.27  chapter is sufficient authority for any peace officer or county 
  4.28  probation officer to take and place in actual custody any person 
  4.29  under sentence or on probation who: 
  4.30     (1) fails to report to serve a sentence at a community 
  4.31  justice facility licensed under section 241.021, subdivision 1; 
  4.32     (2) fails to return from furlough or authorized temporary 
  4.33  release from a community justice facility; 
  4.34     (3) escapes from a community justice facility; or 
  4.35     (4) absconds from court-ordered home detention. 
  4.36     (e) The written order of the chief executive officer or 
  5.1   designee of a community justice agency established under this 
  5.2   chapter is sufficient authority for any peace officer or county 
  5.3   probation officer to take and place in actual custody any person 
  5.4   on a court-authorized pretrial release who absconds from 
  5.5   pretrial release or fails to abide by the conditions of pretrial 
  5.6   release. 
  5.7      Sec. 3.  [401A.03] [POWERS AND DUTIES RELATIVE TO COMMUNITY 
  5.8   JUSTICE SERVICES BOARDS AND AGENCIES.] 
  5.9      Subdivision 1.  [GENERALLY.] In addition to other powers 
  5.10  and duties provided by law, the commissioner has the powers and 
  5.11  duties listed in subdivisions 2 to 6. 
  5.12     Subd. 2.  [ASSISTANCE TO LOCAL BOARDS.] The commissioner, 
  5.13  on request, shall help and advise community justice services 
  5.14  boards in developing, administering, and carrying out community 
  5.15  justice services and programs.  The commissioner shall provide 
  5.16  consultation and technical assistance to counties to aid them in 
  5.17  the development of comprehensive plans. 
  5.18     Subd. 3.  [RISK CLASSIFICATION SYSTEMS.] The commissioner 
  5.19  shall develop a model risk classification system to be used by 
  5.20  community justice agencies.  At the request of a community 
  5.21  justice agency, the commissioner shall assist the agency in 
  5.22  developing and evaluating risk classification systems. 
  5.23     Subd. 4.  [OUTCOME MEASUREMENTS.] The commissioner shall 
  5.24  develop, in consultation with community justice agencies, a 
  5.25  series of outcome measurements that reflect the following goals: 
  5.26     (1) protecting the public; 
  5.27     (2) enforcing criminal and juvenile justice system orders 
  5.28  and directives; 
  5.29     (3) assisting the offender to change; 
  5.30     (4) providing crime victim restoration; and 
  5.31     (5) involving the community. 
  5.32     Subd. 5.  [PLAN APPROVAL.] The commissioner shall review 
  5.33  and certify all community justice services plans every four 
  5.34  years. 
  5.35     Subd. 6.  [PROMULGATION OF RULES.] The commissioner shall, 
  5.36  as provided in sections 14.02, 14.04 to 14.28, 14.38, 14.44, 
  6.1   14.45, and 14.57 to 14.62, adopt rules to implement sections 
  6.2   401A.01 to 401A.14. 
  6.3      Sec. 4.  [401A.04] [COMMUNITY JUSTICE SERVICES SUBSIDY.] 
  6.4      In order to achieve the purposes of this chapter and to 
  6.5   effectively protect society, hold offenders accountable to the 
  6.6   community for offenses committed, and promote efficiency and 
  6.7   economy in the delivery of correctional services, the 
  6.8   commissioner must make community justice services subsidy 
  6.9   payments to the counties to assist them in developing, 
  6.10  implementing, and operating the community justice service 
  6.11  programs included in the comprehensive plan submitted by the 
  6.12  county or counties. 
  6.13     Sec. 5.  [401A.05] [ACQUISITION OF PROPERTY; SELECTION OF 
  6.14  ADMINISTRATIVE STRUCTURE; EMPLOYEES.] 
  6.15     (a) Any county or group of counties may: 
  6.16     (1) acquire by any lawful means, including purchase, lease, 
  6.17  or transfer of custodial control, the lands, buildings, and 
  6.18  equipment necessary and incident to the accomplishment of the 
  6.19  purposes of this chapter; 
  6.20     (2) determine and establish the administrative structure 
  6.21  best suited to the efficient administration and delivery of 
  6.22  community justice services; 
  6.23     (3) employ a director and other officers, employees, and 
  6.24  agents as deemed necessary to carry out the provisions of this 
  6.25  chapter; and 
  6.26     (4) provide some or all community justice services by 
  6.27  contracting with the commissioner, other counties, or private 
  6.28  agencies. 
  6.29     (b) To the extent that counties assume and take over state 
  6.30  and local community justice services provided in counties by the 
  6.31  state or other local government units before the effective date 
  6.32  of this chapter, employment shall be given to those state and 
  6.33  local officers, employees, and agents who are displaced.  If 
  6.34  hired by a county, employment shall, to the extent possible and 
  6.35  notwithstanding the provisions of any other law or ordinance to 
  6.36  the contrary, be deemed a transfer in grade with all of the 
  7.1   benefits enjoyed by the officer, employee, or agent while in the 
  7.2   service of the state or local government. 
  7.3      (c) State or local employees displaced by implementation of 
  7.4   this chapter are on layoff status and, if not hired by a 
  7.5   community justice agency as provided in this section, may 
  7.6   exercise their rights under layoff procedures established by law 
  7.7   or union agreement, whichever is applicable.  State or local 
  7.8   officers and employees displaced by implementation of this 
  7.9   chapter and hired by a community justice agency shall retain all 
  7.10  fringe benefits and recall from layoff benefits accrued by 
  7.11  seniority and enjoyed by them while in the service of the state. 
  7.12     Sec. 6.  [401A.06] [FISCAL POWERS.] 
  7.13     Subdivision 1.  [AUTHORIZATION TO USE AND ACCEPT 
  7.14  FUNDS.] Any county or group of counties may, through their 
  7.15  governing bodies, use unexpended funds, accept gifts, grants, 
  7.16  and subsidies from any lawful source, and apply for and accept 
  7.17  federal funds. 
  7.18     Subd. 2.  [CAPITAL IMPROVEMENTS; BONDS; LEASES.] (a) A 
  7.19  county or group of counties that acquires facilities under 
  7.20  section 401A.04 or constructs the facilities may finance the 
  7.21  acquisition or construction and the equipping and subsequent 
  7.22  improvement of the facilities in whole or in part by the 
  7.23  issuance of: 
  7.24     (1) general obligation bonds of the county or group of 
  7.25  counties in the manner provided in chapter 475; or 
  7.26     (2) revenue bonds, secured by a lease agreement as provided 
  7.27  in subdivision 3 and sections 469.152 to 469.165, by a city 
  7.28  situated in any of the counties or a county housing and 
  7.29  redevelopment authority established under chapter 469 or special 
  7.30  law. 
  7.31     Proceedings for the issuance of general obligation bonds 
  7.32  shall be instituted by the board of the county or boards of the 
  7.33  group of counties. 
  7.34     (b) If counties have combined as authorized in section 
  7.35  401A.02, the joint powers board created under section 471.59 
  7.36  shall, with the approval of the county board of each county 
  8.1   which is a party: 
  8.2      (1) fix the total amount necessary for the construction or 
  8.3   acquisition and the equipping and subsequent improvement of the 
  8.4   facilities; and 
  8.5      (2) apportion to each county its share of this amount or of 
  8.6   the annual debt service or lease rentals required to pay this 
  8.7   amount with interest, as provided in subdivision 4. 
  8.8      Subd. 3.  [LEASING.] (a) A county or joint powers board of 
  8.9   a group of counties that acquires, constructs, equips, or 
  8.10  improves facilities under this chapter may, with the approval of 
  8.11  the county board of each county, enter into a lease agreement 
  8.12  with a city situated within any of the counties, or a county 
  8.13  housing and redevelopment authority established under chapter 
  8.14  469 or any special law.  Under the lease agreement, the city or 
  8.15  county housing and redevelopment authority shall: 
  8.16     (1) construct or acquire and equip or improve a facility in 
  8.17  accordance with plans prepared by or at the request of a county 
  8.18  or joint powers board of the group of counties and approved by 
  8.19  the commissioner of corrections; and 
  8.20     (2) finance the facility by the issuance of revenue bonds. 
  8.21     (b) The county or joint powers board of a group of counties 
  8.22  may lease the facility site, improvements, and equipment for a 
  8.23  term upon rental sufficient to produce revenue for the prompt 
  8.24  payment of the revenue bonds and all interest accruing on them. 
  8.25     Upon completion of payment, the lessee shall acquire 
  8.26  title.  The real and personal property acquired for the facility 
  8.27  constitutes a project and the lease agreement constitutes a 
  8.28  revenue agreement as provided in sections 469.152 to 469.165.  
  8.29  All proceedings by the city or county housing and redevelopment 
  8.30  authority and the county or joint powers board shall be as 
  8.31  provided in sections 469.152 to 469.165, with the following 
  8.32  adjustments: 
  8.33     (1) no tax may be imposed upon the property; 
  8.34     (2) the approval of the project by the commissioner of 
  8.35  trade and economic development is not required; 
  8.36     (3) the department of corrections shall be furnished and 
  9.1   shall record information concerning each project as it may 
  9.2   prescribe, in lieu of reports required on other projects to the 
  9.3   commissioner of trade and economic development or the energy and 
  9.4   economic development authority; 
  9.5      (4) the rentals required to be paid under the lease 
  9.6   agreement shall not exceed in any year one-tenth of one percent 
  9.7   of the market value of property within the county or group of 
  9.8   counties as last equalized before the execution of the lease 
  9.9   agreement; 
  9.10     (5) the county or group of counties shall provide for 
  9.11  payment of all rentals due during the term of the lease 
  9.12  agreement in the manner required in subdivision 4; 
  9.13     (6) no mortgage on the facilities shall be granted for the 
  9.14  security of the bonds, but compliance with clause (5) may be 
  9.15  enforced as a nondiscretionary duty of the county or group of 
  9.16  counties; and 
  9.17     (7) the county or the joint powers board of the group of 
  9.18  counties may sublease any part of the facilities for purposes 
  9.19  consistent with their maintenance and operation. 
  9.20     Subd. 4.  [TAX LEVIES; APPORTIONMENT OF COSTS.] The county 
  9.21  or each county of the group of counties shall levy a tax 
  9.22  annually in an amount necessary to defray its proportion of the 
  9.23  net costs of maintenance and operation of the facilities, and 
  9.24  shall levy a tax to pay the cost of construction or acquisition, 
  9.25  equipping, and any subsequent improvement to the facilities or 
  9.26  the retirement of any bonds or required lease payments for these 
  9.27  purposes.  Each county may levy these taxes without limitation 
  9.28  on the rate or amount.  This levy shall not cause the amount of 
  9.29  other taxes levied or to be levied by the county, that are 
  9.30  subject to any limitation, to be reduced in any amount.  A joint 
  9.31  powers board of the group of counties shall apportion the costs 
  9.32  of maintenance and operation, construction or acquisition, 
  9.33  equipping, and subsequent improvement of the facilities to each 
  9.34  of the counties according to a formula in the agreement entered 
  9.35  into by the counties. 
  9.36     Subd. 5.  [CORRECTIONAL FACILITIES FUND.] All money 
 10.1   received for the operation and maintenance, payment of 
 10.2   indebtedness or lease payments, and construction or acquisition, 
 10.3   equipping, and subsequent improvement of the facilities must be 
 10.4   deposited in a community justice facilities fund maintained in 
 10.5   the treasury of the county in which the facilities are located 
 10.6   or any county treasury of the group of counties as designated by 
 10.7   the joint powers board.  Payments from the fund shall only be 
 10.8   made upon certification of the chair or board designee that the 
 10.9   expenditures have been approved at a meeting of the board. 
 10.10     Sec. 7.  [401A.07] [COMPREHENSIVE PLAN; STANDARDS OF 
 10.11  ELIGIBILITY; COMPLIANCE.] 
 10.12     (a) A county or group of counties shall be eligible for the 
 10.13  subsidy provided in section 401A.10 only if its comprehensive 
 10.14  plan is certified by the commissioner.  The commissioner shall, 
 10.15  pursuant to the Administrative Procedure Act, adopt rules 
 10.16  establishing standards of eligibility for counties to receive 
 10.17  funds under sections 401A.01 to 401A.14.  To remain eligible for 
 10.18  subsidy, counties shall maintain substantial compliance with the 
 10.19  minimum standards established under sections 401A.01 to 401A.14 
 10.20  and the policies and procedures governing the services as 
 10.21  prescribed by the commissioner.  Counties also shall be in 
 10.22  substantial compliance with other community justice operating 
 10.23  standards permitted by law and established by the commissioner.  
 10.24  The commissioner shall review the comprehensive plans submitted 
 10.25  by counties, including the facilities and programs operated 
 10.26  under the plans.  The commissioner is hereby authorized to enter 
 10.27  upon any facility operated under the plan, and inspect books and 
 10.28  records, for purposes of recommending needed changes or 
 10.29  improvements. 
 10.30     (b) When the commissioner shall determine that there are 
 10.31  reasonable grounds to believe that a county or group of counties 
 10.32  is not in substantial compliance with minimum standards, at 
 10.33  least 30 days' notice shall be given the county or counties and 
 10.34  a hearing conducted by the commissioner to ascertain whether 
 10.35  there is substantial compliance or satisfactory progress being 
 10.36  made toward compliance.  The commissioner may suspend all or a 
 11.1   portion of any subsidy until the required standard of operation 
 11.2   has been met. 
 11.3      Sec. 8.  [401A.08] [ITEMS INCLUDED IN PLAN PURSUANT TO 
 11.4   RULE.] 
 11.5      (a) The comprehensive plan submitted to the commissioner 
 11.6   for certification shall include those items prescribed by rule 
 11.7   of the commissioner, which may require the inclusion of the 
 11.8   following: 
 11.9      (1) the manner in which presentence and postsentence 
 11.10  investigations and reports for the district courts and social 
 11.11  history reports for the juvenile courts will be made; 
 11.12     (2) the manner in which conditional release services to the 
 11.13  courts and persons under jurisdiction of the commissioner of 
 11.14  corrections will be provided; 
 11.15     (3) a program for the detention, supervision, and treatment 
 11.16  of persons under pretrial detention or under commitment; 
 11.17     (4) delivery of other community justice services; 
 11.18     (5) proposals for new programs that demonstrate a need for 
 11.19  the program, its purpose, objective, administrative structure, 
 11.20  staffing pattern, staff training, financing, evaluation process, 
 11.21  degree of community involvement, client participation, and 
 11.22  duration of program.  
 11.23     (b) In addition to the requirements in paragraph (a), each 
 11.24  participating county or group of counties shall develop and 
 11.25  implement a procedure for the review of grant applications made 
 11.26  to the community justice advisory board and for the manner in 
 11.27  which community justice advisory board action will be taken on 
 11.28  them.  A description of this procedure must be made available to 
 11.29  members of the public upon request.  
 11.30     Sec. 9.  [401A.09] [COMMUNITY JUSTICE ADVISORY BOARD; 
 11.31  MEMBERS; DUTIES.] 
 11.32     Subdivision 1.  [MEMBERS.] The community justice advisory 
 11.33  board provided in section 401A.02, subdivision 2, shall consist 
 11.34  of at least 11 members, who shall be representative of law 
 11.35  enforcement, prosecution, the judiciary, education, corrections, 
 11.36  ethnic minorities, the social services, the defense bar, victim 
 12.1   service providers, and the public. 
 12.2      Subd. 2.  [APPOINTMENT.] The members of the community 
 12.3   justice advisory board shall be appointed by the county board or 
 12.4   the joint board, in the case of multiple counties, shall serve 
 12.5   for two-year terms and shall remain in office until their 
 12.6   successors are duly appointed.  The board may elect its own 
 12.7   officers. 
 12.8      Subd. 3.  [JOINT BOARDS.] Where two or more counties 
 12.9   combine to come within the provisions of sections 401A.01 to 
 12.10  401A.14, the joint community justice advisory board shall 
 12.11  contain representation as provided in subdivision 1, but the 
 12.12  members comprising the board may come from each of the 
 12.13  participating counties as may be determined by agreement of the 
 12.14  counties. 
 12.15     Subd. 4.  [PLAN.] The community justice advisory board 
 12.16  shall actively participate in the formulation of the 
 12.17  comprehensive plan for the development, implementation, and 
 12.18  operation of the community justice programs and services 
 12.19  described in section 401A.01, and shall make a formal 
 12.20  recommendation to the county board or joint board at least 
 12.21  annually concerning the comprehensive plan and its 
 12.22  implementation during the ensuing year. 
 12.23     Subd. 5.  [COMMITTEES.] If a community justice advisory 
 12.24  board carries out its duties through the implementation of a 
 12.25  committee structure, the composition of each committee or 
 12.26  subgroup shall generally reflect the membership of the entire 
 12.27  board.  All proceedings of the community justice advisory board 
 12.28  and any committee or other subgroup of the board shall be open 
 12.29  to the public, and all votes taken of members of the board shall 
 12.30  be recorded and be matters of public record. 
 12.31     Subd. 6.  [RULES.] The community justice advisory board 
 12.32  shall adopt and implement rules concerning attendance of members 
 12.33  at board meetings. 
 12.34     Sec. 10.  [401A.10] [PURCHASE OF SERVICES.] 
 12.35     Any comprehensive plan submitted under this chapter may 
 12.36  include the purchase of community justice services from the 
 13.1   state, another county, or a private provider by contract, 
 13.2   including the temporary detention and confinement of persons 
 13.3   convicted of crime or adjudicated delinquent. 
 13.4      Sec. 11.  [401A.11] [COMMUNITY JUSTICE SUBSIDY.] 
 13.5      To determine the amount to be paid participating counties, 
 13.6   the commissioner of corrections will determine the amount 
 13.7   allocated for probation and supervised release in each county 
 13.8   for the state fiscal year immediately preceding the effective 
 13.9   date of this chapter.  For counties that did not participate in 
 13.10  the Community Corrections Act under Minnesota Statutes 1996, 
 13.11  chapter 401, during the state fiscal year immediately preceding 
 13.12  the effective date of this chapter, an amount equal to the 
 13.13  average of the last three years costs for juveniles incarcerated 
 13.14  in the state correctional facilities at Sauk Centre and Red Wing 
 13.15  shall be added to the subsidy.  All counties will receive this 
 13.16  subsidy as a base amount.  
 13.17     Funding allocated above the base amount will be distributed 
 13.18  based on a formula to be determined by the legislature at the 
 13.19  time additional funding is allocated. 
 13.20     Sec. 12.  [401A.12] [CONTINUATION OF CURRENT SPENDING LEVEL 
 13.21  BY COUNTIES.] 
 13.22     Counties shall not diminish their current level of spending 
 13.23  for community justice service expenses as defined in section 
 13.24  401A.01, to the extent of any subsidy received under sections 
 13.25  401A.01 to 401A.14.  The subsidy provided by this chapter is for 
 13.26  community justice expenditures in excess of those expenditures 
 13.27  being made as of the effective date of this chapter. 
 13.28     Sec. 13.  [401A.13] [PAYMENT OF SUBSIDY.] 
 13.29     Subdivision 1.  [PAYMENT.] Upon the approval of the 
 13.30  comprehensive plan by the commissioner, the commissioner shall 
 13.31  determine whether funds exist for the payment of the subsidy and 
 13.32  proceed to pay them in accordance with applicable rules. 
 13.33     Subd. 2.  [ESTIMATES.] Based upon the comprehensive plan as 
 13.34  certified, the commissioner may estimate the amount to be 
 13.35  expended in furnishing the required community justice services 
 13.36  during each calendar quarter and cause the estimated amount to 
 14.1   be remitted to the counties in the manner provided in section 
 14.2   401A.14. 
 14.3      Subd. 3.  [INSTALLMENT PAYMENTS.] The commissioner of 
 14.4   corrections shall make payments for community justice services 
 14.5   to each county in 12 installments per year.  The commissioner 
 14.6   shall ensure that the pertinent payment of the allotment for 
 14.7   each month is made to each county on the first working day after 
 14.8   the end of each month of the calendar year, except for the last 
 14.9   month of the calendar year.  The commissioner shall ensure that 
 14.10  each county receives its payment of the allotment for that month 
 14.11  no later than the last working day of that month.  
 14.12     Sec. 14.  [401A.14] [PROCEDURE FOR DETERMINATION AND 
 14.13  PAYMENT OF AMOUNT; REVIEW.] 
 14.14     On or before the end of each calendar quarter, 
 14.15  participating counties that have received the payments 
 14.16  authorized by section 401A.13 shall submit to the commissioner 
 14.17  certified statements detailing the amounts expended and costs 
 14.18  incurred in furnishing the community justice services provided 
 14.19  in sections 401A.01 to 401A.14.  Upon receipt of certified 
 14.20  statements, the commissioner shall, in the manner provided in 
 14.21  sections 401A.01 and 401A.14, determine the amount each 
 14.22  participating county is entitled to receive, making any 
 14.23  adjustments necessary to rectify any disparity between the 
 14.24  amounts received pursuant to the estimate provided in section 
 14.25  401A.13 and the amounts actually expended.  If the amount 
 14.26  received pursuant to the estimate is greater than the amount 
 14.27  actually expended during the quarter, the commissioner may 
 14.28  withhold the difference from any subsequent monthly payments 
 14.29  made under section 401A.13.  Upon certification by the 
 14.30  commissioner of the amount a participating county is entitled to 
 14.31  receive under the provisions of section 401A.13 or this section, 
 14.32  the commissioner of finance shall issue a state warrant to the 
 14.33  chief fiscal officer of each participating county for the amount 
 14.34  due, together with a copy of the certificate prepared by the 
 14.35  commissioner. 
 14.36     Sec. 15.  [EFFECTIVE DATE.] 
 15.1      This article is effective July 1, 1997. 
 15.2                              ARTICLE 2
 15.3                         TECHNICAL AMENDMENTS
 15.4      Section 1.  Minnesota Statutes 1996, section 241.021, 
 15.5   subdivision 1, is amended to read: 
 15.6      Subdivision 1.  [SUPERVISION OVER CORRECTIONAL 
 15.7   INSTITUTIONS.] (1) The commissioner of corrections shall inspect 
 15.8   and license all correctional facilities throughout the state, 
 15.9   whether public or private, established and operated for the 
 15.10  detention and confinement of persons detained or confined 
 15.11  therein according to law except to the extent that they are 
 15.12  inspected or licensed by other state regulating agencies.  The 
 15.13  commissioner shall promulgate pursuant to chapter 14, rules 
 15.14  establishing minimum standards for these facilities with respect 
 15.15  to their management, operation, physical condition, and the 
 15.16  security, safety, health, treatment, and discipline of persons 
 15.17  detained or confined therein.  Commencing September 1, 1980, no 
 15.18  individual, corporation, partnership, voluntary association, or 
 15.19  other private organization legally responsible for the operation 
 15.20  of a correctional facility may operate the facility unless 
 15.21  licensed by the commissioner of corrections.  The commissioner 
 15.22  shall review the correctional facilities described in this 
 15.23  subdivision at least once every biennium, except as otherwise 
 15.24  provided herein, to determine compliance with the minimum 
 15.25  standards established pursuant to this subdivision.  The 
 15.26  commissioner shall grant a license to any facility found to 
 15.27  conform to minimum standards or to any facility which, in the 
 15.28  commissioner's judgment, is making satisfactory progress toward 
 15.29  substantial conformity and the interests and well-being of the 
 15.30  persons detained or confined therein are protected.  The 
 15.31  commissioner may grant licensure up to two years.  The 
 15.32  commissioner shall have access to the buildings, grounds, books, 
 15.33  records, staff, and to persons detained or confined in these 
 15.34  facilities.  The commissioner may require the officers in charge 
 15.35  of these facilities to furnish all information and statistics 
 15.36  the commissioner deems necessary, at a time and place designated 
 16.1   by the commissioner.  The commissioner may require that any or 
 16.2   all such information be provided through the department of 
 16.3   corrections detention information system.  
 16.4      (2) Any state agency which regulates, inspects, or licenses 
 16.5   certain aspects of correctional facilities shall, insofar as is 
 16.6   possible, ensure that the minimum standards it requires are 
 16.7   substantially the same as those required by other state agencies 
 16.8   which regulate, inspect, or license the same aspects of similar 
 16.9   types of correctional facilities, although at different 
 16.10  correctional facilities. 
 16.11     (3) Nothing in this section shall be construed to limit the 
 16.12  commissioner of corrections' authority to promulgate rules 
 16.13  establishing standards of eligibility for counties to receive 
 16.14  funds under sections 401.01 to 401.16 chapter 401A, or to 
 16.15  require counties to comply with operating standards the 
 16.16  commissioner establishes as a condition precedent for counties 
 16.17  to receive that funding. 
 16.18     (4) When the commissioner finds that any facility described 
 16.19  in clause (1), except foster care facilities for delinquent 
 16.20  children and youth as provided in subdivision 2, does not 
 16.21  substantially conform to the minimum standards established by 
 16.22  the commissioner and is not making satisfactory progress toward 
 16.23  substantial conformance, the commissioner shall promptly notify 
 16.24  the chief executive officer and the governing board of the 
 16.25  facility of the deficiencies and order that they be remedied 
 16.26  within a reasonable period of time.  The commissioner may by 
 16.27  written order restrict the use of any facility which does not 
 16.28  substantially conform to minimum standards to prohibit the 
 16.29  detention of any person therein for more than 72 hours at one 
 16.30  time.  When, after due notice and hearing, the commissioner 
 16.31  finds that any facility described in this subdivision, except 
 16.32  county jails and lockups as provided in sections 641.26, 642.10, 
 16.33  and 642.11, does not conform to minimum standards, or is not 
 16.34  making satisfactory progress toward substantial compliance 
 16.35  therewith, the commissioner may issue an order revoking the 
 16.36  license of that facility.  After revocation of its license, that 
 17.1   facility shall not be used until its license is renewed.  When 
 17.2   the commissioner is satisfied that satisfactory progress towards 
 17.3   substantial compliance with minimum standard is being made, the 
 17.4   commissioner may, at the request of the appropriate officials of 
 17.5   the affected facility supported by a written schedule for 
 17.6   compliance, grant an extension of time for a period not to 
 17.7   exceed one year. 
 17.8      (5) As used in this subdivision, "correctional facility" 
 17.9   means any facility, including a group home, having a residential 
 17.10  component, the primary purpose of which is to serve persons 
 17.11  placed therein by a court, court services department, parole 
 17.12  authority, or other correctional agency having dispositional 
 17.13  power over persons charged with, convicted, or adjudicated to be 
 17.14  guilty or delinquent. 
 17.15     Sec. 2.  Minnesota Statutes 1996, section 353.01, 
 17.16  subdivision 16, is amended to read: 
 17.17     Subd. 16.  [ALLOWABLE SERVICE.] (a) "Allowable service" 
 17.18  means service during years of actual membership in the course of 
 17.19  which employee contributions were made, periods covered by 
 17.20  payments in lieu of salary deductions under section 353.35, and 
 17.21  service in years during which the public employee was not a 
 17.22  member but for which the member later elected, while a member, 
 17.23  to obtain credit by making payments to the fund as permitted by 
 17.24  any law then in effect. 
 17.25     (b) "Allowable service" also means a period of authorized 
 17.26  leave of absence with pay from which deductions for employee 
 17.27  contributions are made, deposited, and credited to the fund. 
 17.28     (c) "Allowable service" also means a period of authorized 
 17.29  leave of absence without pay that does not exceed one year, and 
 17.30  during or for which a member obtained credit by payments to the 
 17.31  fund made in place of salary deductions, provided that the 
 17.32  payments are made in an amount or amounts based on the member's 
 17.33  average salary on which deductions were paid for the last six 
 17.34  months of public service, or for that portion of the last six 
 17.35  months while the member was in public service, to apply to the 
 17.36  period in either case immediately preceding commencement of the 
 18.1   leave of absence.  If the employee elects to pay employee 
 18.2   contributions for the period of any leave of absence without 
 18.3   pay, or for any portion of the leave, the employee shall also, 
 18.4   as a condition to the exercise of the election, pay to the fund 
 18.5   an amount equivalent to both the required employer and 
 18.6   additional employer contributions for the employee.  The payment 
 18.7   must be made within one year from the expiration of the leave of 
 18.8   absence or within 20 days after termination of public service 
 18.9   under subdivision 11a.  The employer by appropriate action of 
 18.10  its governing body, made a part of its official records, before 
 18.11  the date of the first payment of the employee contribution, may 
 18.12  certify to the association in writing its commitment to pay the 
 18.13  employer and additional employer contributions from the proceeds 
 18.14  of a tax levy made under section 353.28.  Payments under this 
 18.15  paragraph must include interest at an annual rate of 8.5 percent 
 18.16  compounded annually from the date of the termination of the 
 18.17  leave of absence to the date payment is made.  An employee shall 
 18.18  return to public service and receive a minimum of three months 
 18.19  of allowable service to be eligible to pay employee and employer 
 18.20  contributions for a subsequent authorized leave of absence 
 18.21  without pay. 
 18.22     (d) "Allowable service" also means a periodic, repetitive 
 18.23  leave that is offered to all employees of a governmental 
 18.24  subdivision.  The leave program may not exceed 208 hours per 
 18.25  annual normal work cycle as certified to the association by the 
 18.26  employer.  A participating member obtains service credit by 
 18.27  making employee contributions in an amount or amounts based on 
 18.28  the member's average salary that would have been paid if the 
 18.29  leave had not been taken.  The employer shall pay the employer 
 18.30  and additional employer contributions on behalf of the 
 18.31  participating member.  The employee and the employer are 
 18.32  responsible to pay interest on their respective shares at the 
 18.33  rate of 8.5 percent a year, compounded annually, from the end of 
 18.34  the normal cycle until full payment is made.  An employer shall 
 18.35  also make the employer and additional employer contributions, 
 18.36  plus 8.5 percent interest, compounded annually, on behalf of an 
 19.1   employee who makes employee contributions but terminates public 
 19.2   service.  The employee contributions must be made within one 
 19.3   year after the end of the annual normal working cycle or within 
 19.4   20 days after termination of public service, whichever is 
 19.5   sooner.  The association shall prescribe the manner and forms to 
 19.6   be used by a governmental subdivision in administering a 
 19.7   periodic, repetitive leave. 
 19.8      (e) "Allowable service" also means a period during which a 
 19.9   member is on an authorized sick leave of absence, without pay, 
 19.10  limited to one year.  An employee who has received one year of 
 19.11  allowable service shall return to public service and receive a 
 19.12  minimum of three months of allowable service to receive 
 19.13  allowable service for a subsequent authorized sick leave of 
 19.14  absence. 
 19.15     (f) "Allowable service" also means an authorized temporary 
 19.16  layoff under subdivision 12, limited to three months allowable 
 19.17  service per authorized temporary layoff in one calendar year.  
 19.18  An employee who has received the maximum service allowed for an 
 19.19  authorized temporary layoff shall return to public service and 
 19.20  receive a minimum of three months of allowable service to 
 19.21  receive allowable service for a subsequent authorized temporary 
 19.22  layoff. 
 19.23     (g) Notwithstanding any law to the contrary, "allowable 
 19.24  service" also means a parental leave.  The association shall 
 19.25  grant a maximum of two months service credit for a parental 
 19.26  leave, within six months after the birth or adoption, upon 
 19.27  documentation from the member's governmental subdivision or 
 19.28  presentation of a birth certificate or other evidence of birth 
 19.29  or adoption to the association. 
 19.30     (h) "Allowable service" also means a period during which a 
 19.31  member is on an authorized leave of absence to enter military 
 19.32  service, provided that the member returns to public service upon 
 19.33  discharge from military service under section 192.262 and pays 
 19.34  into the fund employee contributions based upon the employee's 
 19.35  salary at the date of return from military service.  Payment 
 19.36  must be made within five years of the date of discharge from the 
 20.1   military service.  The amount of these contributions must be in 
 20.2   accord with the contribution rates and salary limitations, if 
 20.3   any, in effect during the leave, plus interest at an annual rate 
 20.4   of 8.5 percent compounded annually from the date of return to 
 20.5   public service to the date payment is made.  The matching 
 20.6   employer contribution and additional employer contribution under 
 20.7   section 353.27, subdivisions 3 and 3a, must be paid by the 
 20.8   governmental subdivision employing the member upon return to 
 20.9   public service if the member makes the employee contributions.  
 20.10  The governmental subdivision involved may appropriate money for 
 20.11  those payments.  A member may not receive credit for a voluntary 
 20.12  extension of military service at the instance of the member 
 20.13  beyond the initial period of enlistment, induction, or call to 
 20.14  active duty. 
 20.15     (i) For calculating benefits under sections 353.30, 353.31, 
 20.16  353.32, and 353.33 for state officers and employees displaced by 
 20.17  the Community corrections Justice Services Act, chapter 401 
 20.18  401A, and transferred into county service under section 401.04 
 20.19  401A.05, "allowable service" means combined years of allowable 
 20.20  service as defined in paragraphs (a) to (i) and section 352.01, 
 20.21  subdivision 11.  
 20.22     (j) For a public employee who has prior service covered by 
 20.23  a local police or firefighters relief association that has 
 20.24  consolidated with the public employees retirement association, 
 20.25  and who has elected the type of benefit coverage provided by the 
 20.26  public employees police and fire fund under section 353A.08 
 20.27  following the consolidation, "applicable service" is a period of 
 20.28  service credited by the local police or firefighters relief 
 20.29  association as of the effective date of the consolidation based 
 20.30  on law and on bylaw provisions governing the relief association 
 20.31  on the date of the initiation of the consolidation procedure. 
 20.32     Sec. 3.  Minnesota Statutes 1996, section 388.24, 
 20.33  subdivision 2, is amended to read: 
 20.34     Subd. 2.  [ESTABLISHMENT OF PROGRAM.] By July 1, 1995, 
 20.35  every county attorney shall establish a pretrial diversion 
 20.36  program for offenders.  If the county attorney's county 
 21.1   participates in the Community corrections Justice Services Act 
 21.2   as part of a group of counties under section 401.02 401A.02, the 
 21.3   county attorney may establish a pretrial diversion program in 
 21.4   conjunction with other county attorneys in that group of 
 21.5   counties.  The program must be designed and operated to further 
 21.6   the following goals: 
 21.7      (1) to provide eligible offenders with an alternative to 
 21.8   adjudication that emphasizes restorative justice; 
 21.9      (2) to reduce the costs and caseload burdens on juvenile 
 21.10  courts and the juvenile justice system; 
 21.11     (3) to minimize recidivism among diverted offenders; 
 21.12     (4) to promote the collection of restitution to the victim 
 21.13  of the offender's crime; 
 21.14     (5) to develop responsible alternatives to the juvenile 
 21.15  justice system for eligible offenders; and 
 21.16     (6) to develop collaborative use of demonstrated successful 
 21.17  culturally specific programming, where appropriate. 
 21.18     Sec. 4.  Minnesota Statutes 1996, section 401.065, 
 21.19  subdivision 2, is amended to read: 
 21.20     Subd. 2.  [ESTABLISHMENT OF PROGRAM.] By July 1, 1994, 
 21.21  every county attorney of a county participating in the community 
 21.22  corrections act shall establish a pretrial diversion program for 
 21.23  adult offenders.  If the county attorney's county participates 
 21.24  in the Community corrections Justice Services Act as part of a 
 21.25  group of counties under section 401.02 401A.02, the county 
 21.26  attorney may establish a pretrial diversion program in 
 21.27  conjunction with other county attorneys in that group of 
 21.28  counties.  The program must be designed and operated to further 
 21.29  the following goals: 
 21.30     (1) to provide eligible offenders with an alternative to 
 21.31  confinement and a criminal conviction; 
 21.32     (2) to reduce the costs and caseload burdens on district 
 21.33  courts and the criminal justice system; 
 21.34     (3) to minimize recidivism among diverted offenders; 
 21.35     (4) to promote the collection of restitution to the victim 
 21.36  of the offender's crime; and 
 22.1      (5) to develop responsible alternatives to the criminal 
 22.2   justice system for eligible offenders. 
 22.3      Sec. 5.  Minnesota Statutes 1996, section 402.03, is 
 22.4   amended to read: 
 22.5      402.03 [ADVISORY COMMITTEE.] 
 22.6      Each human services board shall appoint an advisory 
 22.7   committee, which shall actively participate in the formulation 
 22.8   of the plan for the development, implementation and operation of 
 22.9   the programs and services by the board, and shall make a formal 
 22.10  recommendation to the board at least annually concerning the 
 22.11  annual budget of the board and the implementation of the plan 
 22.12  during the ensuing year. 
 22.13     Membership on the advisory committee shall consist of no 
 22.14  more than 25 persons serving two year terms not to exceed three 
 22.15  consecutive terms.  Up to one-half of the terms of the initial 
 22.16  advisory committee may be for one year; upon their expiration 
 22.17  all terms shall be for two years.  The chair shall be appointed 
 22.18  by the human services board and may not be a member of a county 
 22.19  board. 
 22.20     One-third of the members of the advisory committee shall 
 22.21  be representatives of those persons receiving services provided 
 22.22  by the human services board.  Up to one-third may be providers 
 22.23  or employees of providers of services and must include 
 22.24  representatives of private providers if such providers exist in 
 22.25  the county or counties party to the agreement.  At least one 
 22.26  member shall be a member of the health advisory committee 
 22.27  established pursuant to section 145A.10, subdivision 10, if any. 
 22.28  At least one member shall be a member of the corrections 
 22.29  community justice advisory board established pursuant to section 
 22.30  401.08 401A.09, if any.  The remaining members shall represent 
 22.31  the citizens of the counties. 
 22.32     The advisory committee shall appoint permanent task forces 
 22.33  to assist in planning for corrections, social, mental health and 
 22.34  public health services. 
 22.35     Task force membership shall be constituted to fulfill state 
 22.36  agency requirements for receiving categorical funds.  Where 
 23.1   appropriately constituted, these task forces may, at the option 
 23.2   of the human services boards, replace those advisory bodies 
 23.3   required by statute and rule to advise local social services 
 23.4   agencies and other county and area boards.  Individuals not 
 23.5   members of the advisory committee may be appointed to the task 
 23.6   forces; provided, however, that each task force shall be chaired 
 23.7   by a member of the advisory committee. 
 23.8      The human services board shall provide staff assistance to 
 23.9   the advisory committee. 
 23.10     Sec. 6.  [REVISOR INSTRUCTION.] 
 23.11     In the next edition of Minnesota Statutes, the revisor 
 23.12  shall renumber section 401.065 as section 388.245.  The revisor 
 23.13  also shall make necessary cross-reference changes consistent 
 23.14  with the renumbering. 
 23.15     Sec. 7.  [REPEALER.] 
 23.16     Minnesota Statutes 1996, sections 260.311; 401.01; 401.02; 
 23.17  401.03; 401.04; 401.05; 401.06; 401.07; 401.08; 401.09; 401.10; 
 23.18  401.11; 401.12; 401.13; 401.14; 401.15; and 401.16, are repealed.
 23.19     Sec. 8.  [EFFECTIVE DATE.] 
 23.20     This article is effective July 1, 1997.