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HF 1387

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
  1.1                          A bill for an act
  1.2             relating to the community corrections act; providing 
  1.3             that five percent of the community corrections act 
  1.4             appropriation shall be allocated to counties according 
  1.5             to a mileage distribution allowance; amending 
  1.6             Minnesota Statutes 1994, section 401.10; Laws 1994, 
  1.7             chapter 643, section 79, subdivision 4. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1994, section 401.10, is 
  1.10  amended to read: 
  1.11     401.10 [CORRECTIONS EQUALIZATION FORMULA; MILEAGE 
  1.12  DISTRIBUTION ALLOWANCE.] 
  1.13     Subdivision 1.  [CORRECTIONS EQUALIZATION FORMULA.] To 
  1.14  determine the amount to be paid participating counties the 
  1.15  commissioner of corrections will apply Ninety-five percent of 
  1.16  the money appropriated for subsidies under this chapter shall be 
  1.17  allocated to participating counties by the commissioner of 
  1.18  corrections according to the following formula: 
  1.19     (1) All 87 counties will be scored in accordance with a 
  1.20  formula involving four factors: 
  1.21     (a) per capita income; 
  1.22     (b) per capita net tax capacity; 
  1.23     (c) per capita expenditure per 1,000 population for 
  1.24  correctional purposes, and; 
  1.25     (d) percent of county population aged six through 30 years 
  1.26  of age according to the most recent federal census, and, in the 
  2.1   intervening years between the taking of the federal census, 
  2.2   according to the state demographer.  
  2.3      "Per capita expenditure per 1,000 population" for each 
  2.4   county is to be determined by multiplying the number of persons 
  2.5   convicted of a felony under supervision in each county at the 
  2.6   end of the current year by $350.  To the product thus obtained 
  2.7   will be added: 
  2.8      (i) the number of presentence investigations completed in 
  2.9   that county for the current year multiplied by $50; 
  2.10     (ii) the annual cost to the county for county probation 
  2.11  officers' salaries for the current year; and 
  2.12     (iii) 33-1/3 percent of such annual cost for probation 
  2.13  officers' salaries.  
  2.14     The total figure obtained by adding the foregoing items is 
  2.15  then divided by the total county population according to the 
  2.16  most recent federal census, or, during the intervening years 
  2.17  between federal censuses, according to the state demographer.  
  2.18     (2) The percent of county population aged six through 30 
  2.19  years shall be determined according to the most recent federal 
  2.20  census, or, during the intervening years between federal 
  2.21  censuses, according to the state demographer.  
  2.22     (3) Each county is then scored as follows: 
  2.23     (a) Each county's per capita income is divided into the 87 
  2.24  county average; 
  2.25     (b) Each county's per capita net tax capacity is divided 
  2.26  into the 87 county average; 
  2.27     (c) Each county's per capita expenditure for correctional 
  2.28  purposes is divided by the 87 county average; 
  2.29     (d) Each county's percent of county population aged six 
  2.30  through 30 is divided by the 87 county average.  
  2.31     (4) The scores given each county on each of the foregoing 
  2.32  four factors are then totaled and divided by four.  
  2.33     (5) The quotient thus obtained then becomes the computation 
  2.34  factor for the county.  This computation factor is then 
  2.35  multiplied by a "dollar value," as fixed by 95 percent of the 
  2.36  appropriation pursuant to sections 401.01 to 401.16, times the 
  3.1   total county population.  The resulting product is the amount of 
  3.2   subsidy to which the county is eligible under sections 401.01 to 
  3.3   401.16 this subdivision. 
  3.4      Subd. 2.  [MILEAGE DISTRIBUTION ALLOWANCE.] Five percent of 
  3.5   the money appropriated for subsidies under this chapter shall be 
  3.6   allocated to participating counties by the commissioner of 
  3.7   corrections in proportion to the percent each county's surface 
  3.8   area comprises of the total surface area of the state. 
  3.9      Subd. 3.  [TRANSFER OF UNOBLIGATED FUNDS.] Notwithstanding 
  3.10  any law to the contrary, the commissioner of corrections, after 
  3.11  notifying the committees on finance of the senate and 
  3.12  appropriations of the house of representatives, may, at the end 
  3.13  of any fiscal year, transfer any unobligated funds in any 
  3.14  appropriation to the department of corrections to the 
  3.15  appropriation under sections 401.01 to 401.16, which 
  3.16  appropriation shall not cancel but is reappropriated for the 
  3.17  purposes of sections 401.01 to 401.16.  
  3.18     Sec. 2.  Laws 1994, chapter 643, section 79, subdivision 4, 
  3.19  is amended to read: 
  3.20     Subd. 4.  [ALLOCATION FORMULA.] (a) The commissioner must 
  3.21  determine the amount available for grants for counties in each 
  3.22  judicial district under this subdivision. 
  3.23     (b) Five percent of the money appropriated for these grants 
  3.24  shall be allocated for the counties in each judicial district 
  3.25  for a mileage distribution allowance in proportion to the 
  3.26  percent each county's surface area comprises of the total 
  3.27  surface area of the state.  Ninety-five percent of the money 
  3.28  appropriated for these grants shall be allocated for the 
  3.29  counties in each judicial district using the corrections 
  3.30  equalization formula in section 401.10, subdivision 1. 
  3.31     (c) The amount allocated for all counties within a judicial 
  3.32  district shall be totaled to determine the amount available for 
  3.33  a grant within that judicial district.  Amounts attributable to 
  3.34  a county which the commissioner has authorized to cooperate in a 
  3.35  grant with a county or counties in an adjacent judicial district 
  3.36  shall be reallocated to that judicial district.