HF 2749

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

  1.1                          A bill for an act 
  1.2             relating to criminal justice; appropriating money for 
  1.3             the judicial branch, public safety, corrections, and 
  1.4             related purposes; requiring the commissioner of 
  1.5             corrections to supervise administration of per diem 
  1.6             payments to shelter facilities for abused women and 
  1.7             children; amending Minnesota Statutes 1996, section 
  1.8             241.01, subdivision 7, and by adding a subdivision; 
  1.9             Minnesota Statutes 1997 Supplement, section 241.277, 
  1.10            subdivision 9; Laws 1997, chapters 85, article 3, 
  1.11            section 53; and 239, article 1, section 12, 
  1.12            subdivision 3; proposing coding for new law in 
  1.13            Minnesota Statutes, chapters 241; and 611A; repealing 
  1.14            Minnesota Statutes 1996, section 256D.03, subdivisions 
  1.15            3 and 3a. 
  1.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.17  Section 1.  [CRIMINAL JUSTICE APPROPRIATIONS.] 
  1.18     The sums in the columns headed "APPROPRIATIONS" are 
  1.19  appropriated from the general fund, or another named fund, to 
  1.20  the agencies and for the purposes specified to be available for 
  1.21  the fiscal years indicated for each purpose. 
  1.22                          SUMMARY BY FUND
  1.23                                          1998           1999
  1.24  General Fund Total                $      688,000 $   20,237,000
  1.25  TOTAL                             $      688,000 $   20,237,000
  1.26                                             APPROPRIATIONS 
  1.27                                         Available for the Year 
  1.28                                             Ending June 30 
  1.29                                            1998         1999 
  1.30  Sec. 2.  SUPREME COURT            $      -0-     $      594,000 
  1.31  These appropriations are added to the 
  1.32  appropriation for fiscal year 1999 in 
  1.33  Laws 1997, chapter 239, article 1, 
  2.1   section 2.  
  2.2   $170,000 is for two positions to 
  2.3   improve financial and human resources 
  2.4   services to the courts. 
  2.5   $391,000 is for a community justice 
  2.6   system collaboration team in the 
  2.7   judicial branch. 
  2.8   $33,000 is for law clerk salary equity 
  2.9   adjustments. 
  2.10  Sec. 3.  COURT OF APPEALS                 60,000        204,000 
  2.11  These appropriations are added to the 
  2.12  appropriations for fiscal years 1998 
  2.13  and 1999 in Laws 1997, chapter 239, 
  2.14  article 1, section 3. 
  2.15  $60,000 for fiscal year 1998 is for a 
  2.16  workers' compensation deficiency. 
  2.17  $90,000 in fiscal year 1999 is for a 
  2.18  sixth appellate panel. 
  2.19  $114,000 in fiscal year 1999 is for law 
  2.20  clerk salary equity adjustments.  
  2.21  Sec. 4.  DISTRICT COURTS                 -0-          1,391,000 
  2.22  These appropriations are added to the 
  2.23  appropriation for fiscal year 1999 in 
  2.24  Laws 1997, chapter 239, article 1, 
  2.25  section 4. 
  2.26  $631,000 is for 15 additional law clerk 
  2.27  positions. 
  2.28  $760,000 is for law clerk salary equity 
  2.29  adjustments. 
  2.30  Sec. 5.  BOARD ON JUDICIAL
  2.31  STANDARDS                                -0-            100,000 
  2.32  This appropriation is added to the 
  2.33  appropriations for fiscal year 1999 in 
  2.34  Laws 1997, chapter 239, article 1, 
  2.35  section 5, and is for costs associated 
  2.36  with the investigation and public 
  2.37  hearing regarding complaints presented 
  2.38  to the board. 
  2.39  Sec. 6.  BOARD OF PUBLIC
  2.40  DEFENSE                                   20,000         20,000 
  2.41  This appropriation is added to the 
  2.42  appropriations for fiscal years 1998 
  2.43  and 1999 in Laws 1997, chapter 239, 
  2.44  article 1, section 10, and is for 
  2.45  increased employer contribution rates 
  2.46  for coverage under the General Plan of 
  2.47  the Public Employees' Retirement 
  2.48  Association (PERA). 
  2.49  Sec. 7.  CORRECTIONS
  2.50  Subdivision 1.  Total 
  2.51  Appropriations                           170,000     17,639,000
  2.52  The amounts that may be spent from this 
  3.1   appropriation for each program are 
  3.2   specified in the following subdivisions.
  3.3   Subd. 2.  Community Services             170,000      1,315,000 
  3.4   These appropriations are added to the 
  3.5   appropriations for fiscal years 1998 
  3.6   and 1999 in Laws 1997, chapter 239, 
  3.7   article 1, section 12, subdivision 4. 
  3.8   $170,000 for fiscal year 1998 and 
  3.9   $315,000 for fiscal year 1999 are 
  3.10  appropriated for probation and 
  3.11  supervised release for the state 
  3.12  assumption of juvenile and adult 
  3.13  misdemeanant probation services in 
  3.14  Winona County. 
  3.15  $1,000,000 the second year is a 
  3.16  one-time appropriation for the 
  3.17  institution community work crew house 
  3.18  construction program.  Funds returned 
  3.19  to the state upon sale of houses under 
  3.20  this program shall be deposited into 
  3.21  the account created in Minnesota 
  3.22  Statutes, section 241.278, and are 
  3.23  appropriated for further projects under 
  3.24  this program.  
  3.25  Subd. 3.  Crime Victim and
  3.26  Prevention Services                      -0-         16,324,000 
  3.27  $16,324,000 for fiscal year 1999 is 
  3.28  appropriated for per diem payments to 
  3.29  shelter facilities for battered women 
  3.30  and their children. 
  3.31  Of this appropriation, $16,211,000 is 
  3.32  available for per diem payments to 
  3.33  secure crisis shelters, safe housing 
  3.34  network, or other shelter facilities 
  3.35  designated by the department of 
  3.36  corrections for the purpose of 
  3.37  providing food, lodging, safety, 
  3.38  advocacy, and 24-hour staff coverage 
  3.39  for women and their children who are 
  3.40  seeking safety from domestic abuse.  
  3.41  Payments shall be made directly to the 
  3.42  shelter facility from per diem funds on 
  3.43  behalf of women and their children who 
  3.44  reside in the shelter facility.  
  3.45  Payments to shelter facilities shall 
  3.46  not affect the eligibility of 
  3.47  individuals who reside in shelter 
  3.48  facilities for public assistance 
  3.49  benefits except when required by 
  3.50  federal law or regulation.  The 
  3.51  commissioner shall develop a procedure 
  3.52  for an appeal arising from a denial of 
  3.53  a request for per diem payment.  The 
  3.54  department shall not commingle shelter 
  3.55  facility per diem funds with victim 
  3.56  services grant funds administered by 
  3.57  the department. 
  3.58  Of this appropriation, $113,000 is 
  3.59  available for two staff positions, 
  3.60  equipment, and travel expenses related 
  3.61  to the administration and audit of per 
  3.62  diem payments to shelter facilities, 
  3.63  and expenses for an advisory group.  
  4.1   Advisory group members shall receive 
  4.2   expense reimbursement as specified in 
  4.3   Minnesota Statutes, section 15.059. 
  4.4   Subd. 4.  Correctional Institutions
  4.5   The commissioner of corrections may use 
  4.6   operating funds appropriated in Laws 
  4.7   1997, chapter 239, article 1, section 
  4.8   12, to renovate Building 35 to provide 
  4.9   for 74 medium security beds at the 
  4.10  Moose Lake Correctional Facility.  An 
  4.11  amount up to $1,500,000 may be used for 
  4.12  the necessary renovation. 
  4.13  Sec. 8.  CORRECTIONS OMBUDSMAN            30,000         30,000 
  4.14  These appropriations are added to the 
  4.15  appropriations for fiscal years 1998 
  4.16  and 1999 in Laws 1997, chapter 239, 
  4.17  article 1, section 13, and are for 
  4.18  agency head salary and benefit 
  4.19  adjustments to the Ombudsman for 
  4.20  Corrections. 
  4.21  Sec. 9.  PUBLIC SAFETY
  4.22  Subdivision 1.  Total       
  4.23  Appropriations                           260,000        259,000 
  4.24  The amounts that may be spent from this 
  4.25  appropriation for each program are 
  4.26  specified in the following subdivisions:
  4.27  Subd. 2.  Emergency         
  4.28  Management                               110,000        -0-     
  4.29  This appropriation is added to the 
  4.30  appropriation in Laws 1997, chapter 
  4.31  239, article 1, section 7, subdivision 
  4.32  2, and is for the one-time purchase in 
  4.33  fiscal year 1998 of flood-fighting 
  4.34  supplies and equipment. 
  4.35  Subd. 3.  Administration and
  4.36  Related Services                         -0-             34,000 
  4.37  This appropriation is added to the 
  4.38  appropriation in Laws 1997, chapter 
  4.39  239, article 1, section 7, subdivision 
  4.40  9, in fiscal year 1999 and is for the 
  4.41  establishment of a position for the 
  4.42  coordination of extradition activities 
  4.43  and for legal liaison with the office 
  4.44  of the attorney general and other law 
  4.45  enforcement officials. 
  4.46  Subd. 4.  Crime Victim     
  4.47  Ombudsman                                150,000        225,000 
  4.48  This appropriation is for the 
  4.49  consolidation of crime victim services 
  4.50  under provisions of reorganization 
  4.51  order 180. 
  4.52  Sec. 10.  BOARD OF PEACE    
  4.53  OFFICERS STANDARDS AND TRAINING          148,000        -0-     
  4.54  This appropriation is added to the 
  4.55  appropriation in Laws 1997, chapter 
  4.56  239, article 1, section 9, and is for 
  5.1   extraordinary legal costs in fiscal 
  5.2   year 1998 related to the settlement and 
  5.3   release of a wrongful discharge claim. 
  5.4      Sec. 11.  Minnesota Statutes 1996, section 241.01, 
  5.5   subdivision 7, is amended to read: 
  5.6      Subd. 7.  [USE OF FACILITIES BY OUTSIDE AGENCIES.] The 
  5.7   commissioner of corrections may authorize and permit public or 
  5.8   private social service, educational, or rehabilitation agencies 
  5.9   or organizations, and their clients; or lawyers, insurance 
  5.10  companies, or others; to use the facilities, staff, and other 
  5.11  resources of correctional facilities under the commissioner's 
  5.12  control and may require the participating agencies or 
  5.13  organizations to pay all or part of the costs thereof.  All sums 
  5.14  of money received pursuant to the agreements herein authorized 
  5.15  shall not cancel until the end of the fiscal year immediately 
  5.16  following the fiscal year in which the funds were received.  The 
  5.17  funds are available for use by the commissioner during that 
  5.18  period, and are hereby appropriated annually to the commissioner 
  5.19  of corrections for the purposes of this subdivision. 
  5.20     The commissioner of corrections may provide meals for staff 
  5.21  and visitors for efficiency of operation and may require such 
  5.22  participants to pay all or part of the costs of the meals.  All 
  5.23  sums of money received under this provision are appropriated to 
  5.24  the commissioner of corrections and shall not cancel until the 
  5.25  end of the fiscal year immediately following the fiscal year in 
  5.26  which the funds were received.  
  5.27     Sec. 12.  Minnesota Statutes 1996, section 241.01, is 
  5.28  amended by adding a subdivision to read: 
  5.29     Subd. 9.  [LEASES FOR CORRECTIONAL FACILITY 
  5.30  PROPERTY.] Money collected as rent under section 16B.24, 
  5.31  subdivision 5, for state property at any of the correctional 
  5.32  facilities administered by the commissioner of corrections is 
  5.33  appropriated to the commissioner of corrections and is dedicated 
  5.34  to the correctional facility from which it is generated.  Any 
  5.35  balance remaining at the end of the fiscal year shall not cancel 
  5.36  and is available until expended.  
  5.37     Sec. 13.  Minnesota Statutes 1997 Supplement, section 
  6.1   241.277, subdivision 9, is amended to read: 
  6.2      Subd. 9.  [COSTS OF PROGRAM.] Counties sentencing offenders 
  6.3   to the program must pay 25 percent of the per diem expenses for 
  6.4   the offender.  Per diem monies received from the counties are 
  6.5   appropriated to the commissioner of corrections for expenses of 
  6.6   the program.  Sums of money received by the commissioner of 
  6.7   corrections as authorized in this subdivision shall not cancel 
  6.8   until the end of the fiscal year immediately following the 
  6.9   fiscal year in which the funds were received by the 
  6.10  commissioner.  The commissioner is responsible for all other 
  6.11  costs associated with the placement of offenders in the program, 
  6.12  including, but not limited to, the remaining per diem expenses 
  6.13  and the full cost of transporting offenders to and from the 
  6.14  program. 
  6.15     Sec. 14.  [241.278] [AGREEMENTS FOR WORK FORCE OF STATE OR 
  6.16  COUNTY JAIL INMATES.] 
  6.17     The commissioner of corrections, in the interest of inmate 
  6.18  rehabilitation, may enter into interagency agreements with 
  6.19  state, county, or municipal agencies, or contract with nonprofit 
  6.20  agencies to fund or partially fund the cost of programs which 
  6.21  use state or county jail inmates as a work force.  The 
  6.22  commissioner is authorized to receive and deposit funds via 
  6.23  these agreements into the special revenue fund.  The funds are 
  6.24  appropriated to partially or fully support those programs.  The 
  6.25  commissioner may establish separate inmate accounts within those 
  6.26  programs. 
  6.27     Sec. 15.  [611A.37] [DEFINITIONS.] 
  6.28     Subdivision 1.  [SCOPE.] For purposes of this section, the 
  6.29  terms defined in this section have the meanings given them 
  6.30  unless otherwise provided or indicated by the context. 
  6.31     Subd. 2.  [COMMISSIONER.] "Commissioner" means the 
  6.32  commissioner of corrections or a designee. 
  6.33     Subd. 3.  [DEPARTMENT.] "Department" means the department 
  6.34  of corrections. 
  6.35     Subd. 4.  [DESIGNATED SHELTER FACILITY.] "Designated 
  6.36  shelter facility" means a facility that has applied and been 
  7.1   approved by the department to provide shelter and services to 
  7.2   battered women and their children. 
  7.3      Subd. 5.  [PER DIEM RATE.] "Per diem rate" means a daily 
  7.4   charge per person for providing food, lodging, safety, advocacy, 
  7.5   and 24-hour coverage for women and their children who are 
  7.6   seeking safety from domestic abuse. 
  7.7      Subd. 6.  [SHELTER CARE FACILITY.] "Shelter care facility" 
  7.8   means a secure crisis shelter, housing network, safe home, or 
  7.9   other facility operated by a nonprofit organization and 
  7.10  designated by the department for the purpose of providing food, 
  7.11  lodging, safety, advocacy, and 24-hour coverage for women and 
  7.12  their children who are seeking safety from domestic abuse. 
  7.13     Subd. 7.  [SHELTER RESIDENT.] "Shelter resident" means a 
  7.14  woman or child residing in a shelter facility. 
  7.15     Sec. 16.  [611A.371] [DUTIES OF THE COMMISSIONER.] 
  7.16     In addition to any other duties imposed by law, the 
  7.17  commissioner shall: 
  7.18     (1) supervise the administration of per diem payments to 
  7.19  shelter facilities; 
  7.20     (2) promulgate rules consistent with law for carrying out 
  7.21  the provisions of sections 611A.37 to 611A.373; and 
  7.22     (3) gather and study current information and report 
  7.23  annually to the governor and legislature on the nature and need 
  7.24  for emergency secure shelter for battered women and their 
  7.25  children. 
  7.26     Sec. 17.  [611A.372] [PAYMENTS TO SHELTER FACILITIES.] 
  7.27     Payments shall be made directly to the designated shelter 
  7.28  facility from per diem funds on behalf of women and their 
  7.29  children who reside in the shelter facility.  Payments to 
  7.30  designated shelter facilities shall not affect the eligibility 
  7.31  of individuals who reside in designated shelter facilities for 
  7.32  public assistance benefits except when required by federal law 
  7.33  or regulation.  The commissioner shall develop a procedure for 
  7.34  an appeal arising from a denial of a request for per diem 
  7.35  payment. 
  7.36     Sec. 18.  [611A.373] [ADVISORY GROUP.] 
  8.1      The commissioner shall create an advisory group to advise 
  8.2   the commissioner on the development and implementation of 
  8.3   guidelines for: 
  8.4      (1) shelter care facility eligibility to receive per diem 
  8.5   payments; 
  8.6      (2) the formula and rates of allocation of per diem funds; 
  8.7      (3) the geographic distribution of shelter care facilities; 
  8.8      (4) the need for increased shelter capacity in the state; 
  8.9      (5) the needs of unserved or underserved populations; 
  8.10     (6) designation of new shelters or expansion of current 
  8.11  shelter care facilities; 
  8.12     (7) payment appeal procedures; and 
  8.13     (8) policies and procedures for addressing a funding 
  8.14  shortage or surplus.  
  8.15     Advisory group members shall receive expense reimbursement 
  8.16  as specified in section 15.059.  The existence of this advisory 
  8.17  group expires on June 30, 1999. 
  8.18     Sec. 19.  Laws 1997, chapter 85, article 3, section 53, is 
  8.19  amended to read: 
  8.20     Sec. 53.  [TRANSFER OF RESPONSIBILITIES FOR PROVIDING 
  8.21  SECURE CRISIS SHELTER.] 
  8.22     In state fiscal year 2000 1999, all of the powers, duties, 
  8.23  and functions of the commissioner of human services relating to 
  8.24  the operation and funding of shelters for battered women are 
  8.25  transferred to the commissioner of corrections in accordance 
  8.26  with Minnesota Statutes, section 15.039, except for personnel 
  8.27  transfers under Minnesota Statutes, section 15.039, subdivision 
  8.28  7.  No payments by the general assistance program under 
  8.29  Minnesota Statutes, section 256D.05, subdivision 3 or 3a, will 
  8.30  be made for any placements in shelters for battered women which 
  8.31  begin after June 30, 1998. 
  8.32     Sec. 20.  Laws 1997, chapter 239, article 1, section 12, 
  8.33  subdivision 3, is amended to read: 
  8.34  Subd. 3.  Juvenile Services
  8.35      17,070,000     17,790,000 
  8.36  $500,000 each year is to plan for and 
  9.1   establish a weekend camp program at 
  9.2   Camp Ripley designed for first- or 
  9.3   second-time male juvenile offenders 
  9.4   ages 11 to 14.  The commissioner shall 
  9.5   develop eligibility standards for the 
  9.6   program.  The camp shall be a highly 
  9.7   structured program and teach work 
  9.8   skills, such as responsibility, 
  9.9   organization, time management, and 
  9.10  follow-through.  The juvenile offenders 
  9.11  will each develop a community service 
  9.12  plan that will be implemented upon 
  9.13  return to the community.  The program 
  9.14  shall receive referrals from youth 
  9.15  service agencies, police, school 
  9.16  officials, parents, and the courts.  By 
  9.17  January 15, 1998, the commissioner 
  9.18  shall report to the chairs of the house 
  9.19  and senate criminal justice funding 
  9.20  divisions a proposed budget for this 
  9.21  camp program for the second year of the 
  9.22  fiscal biennium and shall include a 
  9.23  description of the proposed outcomes 
  9.24  for the program. 
  9.25  $100,000 the first year is to conduct 
  9.26  planning for and evaluation of 
  9.27  additional camp programs and aftercare 
  9.28  services for juvenile offenders, 
  9.29  including, but not limited to, the 
  9.30  Vision Quest program and a three-week 
  9.31  work camp. 
  9.32  $500,000 the first year is to renovate 
  9.33  two cottages at the Minnesota 
  9.34  correctional facility-Red Wing.  
  9.35  $1,021,000 the second year is to 
  9.36  transfer the sex offender program from 
  9.37  the Minnesota correctional 
  9.38  facility-Sauk Centre and operate it at 
  9.39  the Minnesota correctional facility-Red 
  9.40  Wing. 
  9.41  $333,000 the second year is for housing 
  9.42  and programming for female juvenile 
  9.43  offenders committed to the commissioner 
  9.44  of corrections. 
  9.45  $130,000 the first year and $130,000 
  9.46  the second year are to improve 
  9.47  aftercare services for juveniles 
  9.48  released from correctional facilities 
  9.49  by adding two professional and one 
  9.50  clerical positions. 
  9.51  The commissioner shall design the 
  9.52  juvenile support network to provide 
  9.53  aftercare services for these 
  9.54  offenders.  The network must coordinate 
  9.55  support services in the community for 
  9.56  returning juveniles.  Counties, 
  9.57  communities, and schools must develop 
  9.58  and implement the network.  The 
  9.59  commissioner shall require aftercare 
  9.60  programs to be incorporated into 
  9.61  Community Corrections Act plans. 
  9.62     Sec. 21.  [REPEALER.] 
  9.63     Minnesota Statutes 1996, section 256D.03, subdivisions 3 
 10.1   and 3a, are repealed. 
 10.2      Sec. 22.  [EFFECTIVE DATE.] 
 10.3      Sections 1 to 14, 19, and 20 are effective the day after 
 10.4   final enactment.  Sections 15 to 18 and 21 are effective July 1, 
 10.5   1998.