HF 2258

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

  1.1                          A bill for an act
  1.2             relating to probation services; requiring the state to 
  1.3             pay the entire cost of probation services in those 
  1.4             counties that do not participate in the Community 
  1.5             Corrections Act; providing an offset in HACA aid paid 
  1.6             to those counties in which probation services funding 
  1.7             is assumed by the state; requesting the legislative 
  1.8             auditor to study the cost and feasibility of a state 
  1.9             takeover of probation funding in the Community 
  1.10            Corrections Act counties; amending Minnesota Statutes 
  1.11            1996, section 260.311, subdivisions 4 and 5. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 1996, section 260.311, 
  1.14  subdivision 4, is amended to read: 
  1.15     Subd. 4.  [COMPENSATION.] In counties of more than 200,000 
  1.16  population, a majority of the judges of the district court may 
  1.17  direct the payment of such salary to probation officers as may 
  1.18  be approved by the county board, and in addition thereto shall 
  1.19  be reimbursed for all necessary expenses incurred in the 
  1.20  performance of their official duties.  In all counties which 
  1.21  obtain probation services from the commissioner of corrections 
  1.22  the commissioner shall, out of appropriations provided therefor, 
  1.23  pay probation officers the salary and all benefits fixed by the 
  1.24  state law or applicable bargaining unit and all 
  1.25  necessary administrative expenses, including secretarial 
  1.26  service, office equipment and supplies, postage, telephone and 
  1.27  telegraph services, and travel and subsistence.  Each county 
  1.28  receiving probation services from the commissioner of 
  2.1   corrections shall reimburse the department of corrections for 
  2.2   the total cost and expenses of such services as incurred by the 
  2.3   commissioner of corrections.  Total annual costs for each county 
  2.4   shall be that portion of the total costs and expenses for the 
  2.5   services of one probation officer represented by the ratio which 
  2.6   the county's population bears to the total population served by 
  2.7   one officer.  For the purposes of this section, the population 
  2.8   of any county shall be the most recent estimate made by the 
  2.9   department of health.  At least every six months the 
  2.10  commissioner of corrections shall bill for the total cost and 
  2.11  expenses incurred by the commissioner on behalf of each county 
  2.12  which has received probation services.  The commissioner of 
  2.13  corrections shall notify each county of the cost and expenses 
  2.14  and the county shall pay to the commissioner the amount due for 
  2.15  reimbursement.  All such reimbursements shall be deposited in 
  2.16  the general fund.  Objections by a county to all allocation of 
  2.17  such cost and expenses shall be presented to and determined by 
  2.18  the commissioner of corrections.  Each county providing 
  2.19  probation services under this section is hereby authorized to 
  2.20  use unexpended funds and to levy additional taxes for this 
  2.21  purpose. 
  2.22     The county commissioners of any county of not more than 
  2.23  200,000 population shall, when requested to do so by the 
  2.24  juvenile judge, provide probation officers with suitable 
  2.25  offices, and may provide equipment, and secretarial help needed 
  2.26  to render the required services. 
  2.27     Sec. 2.  Minnesota Statutes 1996, section 260.311, 
  2.28  subdivision 5, is amended to read: 
  2.29     Subd. 5.  [REIMBURSEMENT OF COUNTIES.] In order to 
  2.30  reimburse the counties for the cost which they assume under this 
  2.31  section of providing probation and parole services to wards of 
  2.32  the commissioner of corrections and to aid the counties in 
  2.33  achieving the purposes of this section, the commissioner of 
  2.34  corrections shall annually, from funds appropriated for that 
  2.35  purpose, pay 50 to all counties 100 percent of the costs of 
  2.36  probation officers' salaries to all counties of not more than 
  3.1   200,000 population.  Nothing in this section will invalidate any 
  3.2   payments to counties made pursuant to this section before May 
  3.3   15, 1963 and all necessary administrative expenses, including 
  3.4   secretarial service, office equipment and supplies, postage, 
  3.5   telephone and telegraph services, and travel and subsistence.  
  3.6   Salary costs include fringe benefits, but only to the extent 
  3.7   that fringe benefits do not exceed those provided for state 
  3.8   civil service employees.  On or before July 1 of each 
  3.9   even-numbered year each county or group of counties which 
  3.10  provide their own probation services to the district court under 
  3.11  subdivision 1, clause (1) or (2), shall submit to the 
  3.12  commissioner of corrections an estimate of its costs under this 
  3.13  section.  Reimbursement to those counties shall be made on the 
  3.14  basis of the estimate or actual expenditures incurred, whichever 
  3.15  is less. Reimbursement for those counties which obtain probation 
  3.16  services from the commissioner of corrections pursuant to 
  3.17  subdivision 1, clause (3), must be made on the basis of actual 
  3.18  expenditures.  Salary costs shall not be reimbursed unless 
  3.19  county probation officers are paid salaries commensurate with 
  3.20  the salaries paid to comparable positions in the classified 
  3.21  service of the state civil service.  The salary range to which 
  3.22  each county probation officer is assigned shall be determined by 
  3.23  the authority having power to appoint probation officers, and 
  3.24  shall be based on the officer's length of service and 
  3.25  performance.  The appointing authority shall annually assign 
  3.26  each county probation officer to a position on the salary scale 
  3.27  commensurate with the officer's experience, tenure, and 
  3.28  responsibilities.  The judge shall file with the county auditor 
  3.29  an order setting each county probation officer's salary.  Time 
  3.30  spent by a county probation officer as a court referee shall not 
  3.31  qualify for reimbursement.  Reimbursement shall be prorated if 
  3.32  the appropriation is insufficient.  A new position eligible for 
  3.33  reimbursement under this section may not be added by a county 
  3.34  without the written approval of the commissioner of 
  3.35  corrections.  When a new position is approved, the commissioner 
  3.36  shall include the cost of the position in calculating each 
  4.1   county's share. 
  4.2      Sec. 3.  [AID OFFSET FOR PROBATION SERVICES.] 
  4.3      Subdivision 1.  [AID REDUCTION.] There shall be a permanent 
  4.4   reduction from the payment to a county under Minnesota Statutes, 
  4.5   section 273.1398, subdivision 2, an amount equal to the amount 
  4.6   of savings to the county resulting from the state takeover of 
  4.7   the costs of probation services under sections 1 and 2.  The 
  4.8   reduction shall be for aid payable in 1998 and subsequent years. 
  4.9      Subd. 2.  [CERTIFICATION OF COSTS.] By June 1, 1997, each 
  4.10  county shall certify to the commissioner of corrections its 
  4.11  anticipated savings resulting from the state takeover of 
  4.12  probation services under sections 1 and 2 for calendar year 
  4.13  1998.  After verifying the figures, the commissioner shall 
  4.14  certify the savings amounts for each county to the commissioner 
  4.15  of revenue by June 15, 1997.  The certified amounts shall be 
  4.16  subtracted from the aid amounts otherwise determined under 
  4.17  Minnesota Statutes, section 273.1398, subdivision 2, except that 
  4.18  in no case shall the resulting aid amount be less than zero. 
  4.19     Sec. 4.  [LEGISLATIVE AUDITOR STUDY.] 
  4.20     The legislative audit commission is requested to direct the 
  4.21  legislative auditor to conduct a study of the following issues: 
  4.22     (1) the feasibility and cost of a state takeover of the 
  4.23  funding of probation officer salaries and services in those 
  4.24  counties that participate in the Community Corrections Act under 
  4.25  Minnesota Statutes, chapter 401; and 
  4.26     (2) the feasibility and cost of providing probation 
  4.27  services in all counties by means of state employees. 
  4.28     If the study is conducted, the legislative auditor shall 
  4.29  report the study's findings and recommendations to the 
  4.30  legislature by January 15, 1998. 
  4.31     Sec. 5.  [EFFECTIVE DATE.] 
  4.32     Sections 1 and 2 are effective January 1, 1998.  Section 3, 
  4.33  subdivision 1, is effective for aid reductions made in calendar 
  4.34  year 1998 and thereafter.  Sections 3, subdivision 2; and 4 are 
  4.35  effective the day following final enactment.