HF 3987

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to appropriations; appropriating and transferring money and
supplementing or reducing appropriations for various state agencies, programs,
or activities; establishing, regulating, or modifying certain programs or activities;
requiring studies and reports; amending Laws 2005, chapter 136, article 1,
sections 10; 13, subdivision 3.

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

ARTICLE 1

SUPPLEMENTAL APPROPRIATIONS

Section 1. new text begin SUPPLEMENTAL APPROPRIATIONS.
new text end

new text begin The appropriations in this act are added to or, if shown in parentheses, subtracted
from the appropriations enacted into law by the legislature in 2005, or other specified law,
to the named agencies and for the specified programs or activities. The sums shown are
appropriated from the general fund, or another named fund, to be available for the fiscal
years indicated: 2006 is the fiscal year ending June 30, 2006; 2007 is the fiscal year
ending June 30, 2007; and the biennium is fiscal years 2006 and 2007. Supplementary
appropriations and reductions to appropriations for the fiscal year ending June 30, 2006,
are effective the day following final enactment.
new text end

ARTICLE 2

PUBLIC SAFETY AND JUDICIAL BRANCH

Section 1. new text begin SUPREME COURT new text end

new text begin -0- new text end

new text begin 750,000 new text end

new text begin In fiscal year 2007, $750,000 is appropriated
from the general fund to the Supreme Court
for the first phase of a judicial initiative
to more effectively address the increasing
numbers of alcohol and other drug (AOD)
offenders coming into Minnesota courts,
including the increase in methamphetamine
offenders. This is a onetime appropriation
and is available until June 30, 2007.
new text end

Sec. 2. new text begin BOARD OF JUDICIAL STANDARDS new text end

new text begin 172,000 new text end

new text begin -0- new text end

new text begin In fiscal year 2006, $172,000 is appropriated
to the Board on Judicial Standards from the
general fund for costs of special hearings
and an investigation regarding complaints
of judicial misconduct. This is a onetime
appropriation and is available until June 30,
2007.
new text end

Sec. 3. new text begin BOARD OF PUBLIC DEFENSE new text end

new text begin 200,000 new text end

new text begin 200,000 new text end

new text begin In fiscal years 2006 and 2007, $200,000 is
appropriated to the Board of Public Defense
from the general fund for additional costs
associated with appellate transcripts.
new text end

Sec. 4. new text begin PUBLIC SAFETY new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin new text end

new text begin 284,000 new text end

new text begin new text end

new text begin 3,486,000 new text end

new text begin These appropriations are added to
appropriations in Laws 2005, chapter 136,
article 1, section 9. The amounts that may
be spent from this appropriation for each
program are specified in subdivisions 2 and
3.
new text end

new text begin Subd. 2. new text end new text begin Emergency Management new text end

new text begin 284,000 new text end

new text begin -0- new text end

new text begin This appropriation is to provide matching
funds for FEMA funds received for
natural disaster assistance payments. This
appropriation is available on the day after
enactment and is available until June 30,
2007. This is a onetime appropriation.
new text end

new text begin Subd. 3. new text end new text begin Criminal Apprehension new text end

new text begin -0- new text end

new text begin 3,386,000 new text end

new text begin $1,000,000 is to create a child pornography
investigative unit to assist law enforcement
throughout the state. The base for this
activity shall be $778,000 in fiscal year 2008
and fiscal year 2009.
new text end

new text begin $2,186,000 is to create the Minnesota illegal
immigration enforcement team to focus on
illegal immigrants who commit crimes such
as human trafficking, identity theft, illegal
drug use offenses, and terrorism. Of this
appropriation $817,000 is for citizenship and
immigration and data enhancement to the
criminal history database and it is available
until June 30, 2008. The base for this activity
shall be $1,187,000 in fiscal year 2008 and
fiscal year 2009.
new text end

new text begin $200,000 is for the enhancement of the
predatory offender database to facilitate
notification of noncompliant sex offenders
on the Internet. The base for this activity
shall be $116,000 in fiscal year 2008 and
fiscal year 2009.
new text end

new text begin Subd. 4. new text end new text begin Alcohol and Gambling Enforcement new text end

new text begin -0- new text end

new text begin 100,000 new text end

new text begin This appropriation is to provide a training
component to the licensing of alcohol
vendors to help prevent youth access to
alcohol.
new text end

Sec. 5. new text begin CORRECTIONS new text end

new text begin Subdivision 1. new text end new text begin Total Appropriations new text end

new text begin 3,213,000 new text end

new text begin 10,596,000 new text end

new text begin These amounts are added to the
appropriations in Laws 2005, chapter
136, article 1, section 13.
new text end

new text begin Subd. 2. new text end new text begin Correctional Institutions new text end

new text begin 2,668,000 new text end

new text begin 8,788,000 new text end

new text begin Subd. 3. new text end new text begin Community Services new text end

new text begin 545,000 new text end

new text begin 1,808,000 new text end

new text begin $300,000 in fiscal year 2007 is for a grant to
provide a mentoring program for Minnesota
children of incarcerated offenders.
new text end

new text begin $196,000 in fiscal year 2007 is for an
increase in the Community Corrections Act
subsidy for the addition of Scott County.
The funding shall be distributed according
to the community corrections aid formula
contained in Minnesota Statutes, section
401.10.
new text end

Sec. 6.

Laws 2005, chapter 136, article 1, section 10, is amended to read:

Sec. 10.PEACE OFFICER STANDARDS AND TRAINING BOARD (POST)

deleted text begin 4,154,000 deleted text end new text begin 4,817,000 new text end

deleted text begin 4,014,000 deleted text end new text begin 4,731,000 new text end

EXCESS AMOUNTS TRANSFERRED.
This appropriation is from the peace officer
training account in the special revenue fund.
Any new receipts credited to that account
in the first year in excess of deleted text begin $4,154,000 deleted text end new text begin
$4,817,000 new text end must be transferred and credited
to the general fund. Any new receipts
credited to that account in the second year
in excess of deleted text begin $4,014,000 deleted text end new text begin $4,731,000 new text end must be
transferred and credited to the general fund.

TECHNOLOGY IMPROVEMENTS.
$140,000 the first year is for technology
improvements.

PEACE OFFICER TRAINING
REIMBURSEMENT. deleted text begin $2,909,000 each year deleted text end new text begin
$3,572,000 the first year and $3,626,000 the
second year new text end is for reimbursements to local
governments for peace officer training costs.

Sec. 7.

Laws 2005, chapter 136, article 1, section 13, subdivision 3, is amended to read:

Subd. 3. Community Services

103,556,000

103,369,000

Summary by Fund
General Fund	103,456,000	103,269,000
Special Revenue	100,000	100,000

SHORT-TERM OFFENDERS. $1,207,000
each year is for costs associated with the
housing and care of short-term offenders.
The commissioner may use up to 20 percent
of the total amount of the appropriation
for inpatient medical care for short-term
offenders with less than six months to
serve as affected by the changes made to
Minnesota Statutes, section 609.105, in
2003. All funds remaining at the end of
the fiscal year not expended for inpatient
medical care shall be added to and distributed
with the housing funds. These funds shall
be distributed proportionately based on the
total number of days short-term offenders are
placed locally, not to exceed $70 per day.
Short-term offenders may be housed in a
state correctional facility at the discretion of
the commissioner.

The Department of Corrections is exempt
from the state contracting process for the
purposes of Minnesota Statutes, section
609.105, as amended by Laws 2003, First
Special Session chapter 2, article 5, sections
7 to 9.

GPS MONITORING OF SEX
OFFENDERS. $500,000 the first
year and $162,000 the second year are for the
acquisition and service of bracelets equipped
with tracking devices designed to track
and monitor the movement and location of
criminal offenders. The commissioner shall
use the bracelets to monitor high-risk sex
offenders who are on supervised release,
conditional release, parole, or probation to
help ensure that the offenders do not violate
conditions of their release or probation.

END OF CONFINEMENT REVIEWS.
$94,000 each year is for end of confinement
reviews.

COMMUNITY SURVEILLANCE AND
SUPERVISION. $1,370,000 each year is
to provide housing options to maximize
community surveillance and supervision.

INCREASE IN INTENSIVE
SUPERVISED RELEASE SERVICES.
$1,800,000 each year is to increase intensive
supervised release services.

SEX OFFENDER ASSESSMENT
REIMBURSEMENTS. $350,000 each year
is to deleted text begin provide grants to deleted text end new text begin reimburse new text end counties
deleted text begin for reimbursements deleted text end new text begin , their designee, or courts new text end
for sex offender assessments as required
under Minnesota Statutes, section 609.3452,
subdivision 1, which is being renumbered as
section 609.3457.

SEX OFFENDER TREATMENT AND
POLYGRAPHS. $1,250,000 each year
is to provide treatment for sex offenders
on community supervision and to pay for
polygraph testing.

INCREASED SUPERVISION OF SEX
OFFENDERS, DOMESTIC VIOLENCE
OFFENDERS, AND OTHER VIOLENT
OFFENDERS. $1,500,000 each year is for
the increased supervision of sex offenders
and other violent offenders, including
those convicted of domestic abuse. These
appropriations may not be used to supplant
existing state or county probation officer
positions.

The commissioner shall distribute $1,050,000
in grants each year to Community Corrections
Act counties and $450,000 each year to the
Department of Corrections Probation and
Supervised Release Unit. The commissioner
shall distribute the funds to the Community
Corrections Act counties according to the
formula contained in Minnesota Statutes,
section 401.10.

Prior to the distribution of these funds, each
Community Corrections Act jurisdiction and
the Department of Corrections Probation
and Supervised Release Unit shall submit
to the commissioner an analysis of need
along with a plan to meet their needs and
reduce the number of sex offenders and other
violent offenders, including domestic abuse
offenders, on probation officer caseloads.

COUNTY PROBATION OFFICERS.
$500,000 each year is to increase county
probation officer reimbursements.

INTENSIVE SUPERVISION AND
AFTERCARE FOR CONTROLLED
SUBSTANCES OFFENDERS; REPORT.
$600,000 each year is for intensive
supervision and aftercare services for
controlled substances offenders released
from prison under Minnesota Statutes,
section 244.055. These appropriations are
not added to the department's base budget.
By January 15, 2008, the commissioner
shall report to the chairs and ranking
minority members of the senate and house
of representatives committees and divisions
having jurisdiction over criminal justice
policy and funding on how this appropriation
was spent.

REPORT ON ELECTRONIC
MONITORING OF SEX OFFENDERS.
By March 1, 2006, the commissioner shall
report to the chairs and ranking minority
members of the senate and house of
representatives committees and divisions
having jurisdiction over criminal justice
policy and funding on implementing an
electronic monitoring system for sex
offenders who are under community
supervision. The report must address the
following:

(1) the advantages and disadvantages in
implementing this system, including the
impact on public safety;

(2) the types of sex offenders who should be
subject to the monitoring;

(3) the time period that offenders should be
subject to the monitoring;

(4) the financial costs associated with the
monitoring and who should be responsible
for these costs; and

(5) the technology available for the
monitoring.