HF 2254

as introduced - 91st Legislature (2019 - 2020) Posted on 03/07/2019 02:49pm

A bill for an act
relating to corrections; authorizing county probation officers to supervise adult
felons; amending Minnesota Statutes 2018, sections 244.19, subdivision 1; 244.20.

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

Section 1.

Minnesota Statutes 2018, section 244.19, subdivision 1, is amended to read:

Subdivision 1.

Appointment; joint services; state services.

(a) If a county or group of
counties has established a human services board pursuant to chapter 402, the district court
may appoint one or more county probation officers as necessary to perform court services,
and the human services board shall appoint persons as necessary to provide correctional
services within the authority granted in chapter 402. In all counties of more than 200,000
population, which have not organized pursuant to chapter 402, the district court shall appoint
one or more persons of good character to serve as county probation officers during the
pleasure of the court. All other counties shall provide adult misdemeanant and juvenile
probation services new text begin , and may provide additional adult felon probation services, new text end to district
courts in one of the following ways:

(1) the court, with the approval of the county boards, may appoint one or more salaried
county probation officers to serve during the pleasure of the court;

(2) when two or more counties offer probation services the district court through the
county boards may appoint common salaried county probation officers to serve in the several
counties;

(3) a county or a district court may request the commissioner of corrections to furnish
probation services in accordance with the provisions of this section, and the commissioner
of corrections shall furnish such services to any county or court that fails to provide its own
probation officer by one of the two procedures listed above;

(4) if a county or district court providing probation services under clause (1) or (2) asks
the commissioner of corrections or the legislative body for the state of Minnesota mandates
the commissioner of corrections to furnish probation services to the district court, the
probation officers and other employees displaced by the changeover shall be employed by
the commissioner of corrections. Years of service in the county probation department are
to be given full credit for future sick leave and vacation accrual purposes;

(5) all probation officers serving the juvenile courts on July 1, 1972, shall continue to
serve in the county or counties they are now serving.

(b) The commissioner of management and budget shall place employees transferred to
state service under paragraph (a), clause (4), in the proper classifications in the classified
service. Each employee is appointed without examination at no loss in salary or accrued
vacation or sick leave benefits, but no additional accrual of vacation or sick leave benefits
may occur until the employee's total accrued vacation or sick leave benefits fall below the
maximum permitted by the state for the employee's position. An employee appointed under
paragraph (a), clause (4), shall serve a probationary period of six months. After exhausting
labor contract remedies, a noncertified employee may appeal for a hearing within ten days
to the commissioner of management and budget, who may uphold the decision, extend the
probation period, or certify the employee. The decision of the commissioner of management
and budget is final. The state shall negotiate with the exclusive representative for the
bargaining unit to which the employees are transferred regarding their seniority. For purposes
of computing seniority among those employees transferring from one county unit only, a
transferred employee retains the same seniority position as the employee had within that
county's probation office.

new text begin (c) State employees shall not be displaced by a county's election to provide probation
services under this subdivision.
new text end

Sec. 2.

Minnesota Statutes 2018, section 244.20, is amended to read:

244.20 PROBATION SUPERVISION.

deleted text begin Notwithstanding deleted text end new text begin Except as provided in new text end sections 244.19, subdivision 1, and 609.135,
subdivision 1, the Department of Corrections shall have exclusive responsibility for providing
probation services for adult felons in counties that do not take part in the Community
Corrections Act. In counties that do not take part in the Community Corrections Act, the
responsibility for providing probation services for individuals convicted of gross
misdemeanor offenses shall be discharged according to local judicial policy.