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HF 4796

as introduced - 92nd Legislature (2021 - 2022) Posted on 04/19/2022 09:51am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to corrections; providing for a supervision standards committee; modifying
probation, supervised release, and community corrections; providing for
rulemaking; requiring a report; appropriating money; amending Minnesota Statutes
2020, sections 243.05, subdivision 1; 244.05, subdivision 3; 244.19, subdivisions
1, 5; 244.195, subdivision 1, by adding subdivisions; 244.20; 244.21; 401.01;
401.02; 401.04; 401.09; 401.10; 401.11; 401.12; 401.14, subdivisions 1, 3; 401.15,
subdivision 2; 401.16; Minnesota Statutes 2021 Supplement, section 401.06;
repealing Minnesota Statutes 2020, sections 244.19, subdivisions 6, 7, 8; 244.22;
244.24; 244.30; 401.025.

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

Section 1.

Minnesota Statutes 2020, section 243.05, subdivision 1, is amended to read:


Subdivision 1.

Conditional release.

(a) The commissioner of corrections may parole
any person sentenced to confinement in any state correctional facility for adults under the
control of the commissioner of corrections, provided that:

(1) no inmate serving a life sentence for committing murder before May 1, 1980, other
than murder committed in violation of clause (1) of section 609.185 who has not been
previously convicted of a felony shall be paroled without having served 20 years, less the
diminution that would have been allowed for good conduct had the sentence been for 20
years;

(2) no inmate serving a life sentence for committing murder before May 1, 1980, who
has been previously convicted of a felony or though not previously convicted of a felony
is serving a life sentence for murder in the first degree committed in violation of clause (1)
of section 609.185 shall be paroled without having served 25 years, less the diminution
which would have been allowed for good conduct had the sentence been for 25 years;

(3) any inmate sentenced prior to September 1, 1963, who would be eligible for parole
had the inmate been sentenced after September 1, 1963, shall be eligible for parole; and

(4) any new rule or policy or change of rule or policy adopted by the commissioner of
corrections which has the effect of postponing eligibility for parole has prospective effect
only and applies only with respect to persons committing offenses after the effective date
of the new rule or policy or change.

(b) Upon being paroled and released, an inmate is and remains in the legal custody and
under the control of the commissioner, subject at any time to be returned to a facility of the
Department of Corrections established by law for the confinement or treatment of convicted
persons and the parole rescinded by the commissioner.

(c) The written order of the commissioner of corrections, is sufficient authority for any
peace officer, state correctional investigator, or state parole and probation agent to retake
and place in actual custody any person on parole or supervised release. In addition, when
it appears necessary in order to prevent escape or enforce discipline, any state parole and
probation agent or state correctional investigator may, without order of warrant, take and
detain a parolee or person on supervised release or work release and bring the person to the
commissioner for action.

(d) The written order of the commissioner of corrections is sufficient authority for any
peace officer, state correctional investigator, or state parole and probation agent to retake
and place in actual custody any person on probation under the supervision of the
commissioner pursuant to section 609.135. Additionally, when it appears necessary in order
to prevent escape or enforce discipline, any state parole and probation agent or state
correctional investigator may, without an order, retake and detain a probationer and bring
the probationer before the court for further proceedings under section 609.14.

(e) The written order of the commissioner of corrections is sufficient authority for any
peace officer, state correctional investigator, or state parole and probation agent to detain
any person on pretrial release who absconds from pretrial release or fails to abide by the
conditions of pretrial release.

(f) Persons conditionally released, and those on probation under the supervision of the
commissioner of corrections pursuant to section 609.135 may be placed within or outside
the boundaries of the state at the discretion of the commissioner of corrections or the court,
and the limits fixed for these persons may be enlarged or reduced according to their conduct.

(g) Except as otherwise provided in subdivision 1b, in considering applications for
conditional release or discharge, the commissioner is not required to hear oral argument
from any attorney or other person not connected with an adult correctional facility of the
Department of Corrections in favor of or against the parole or release of any inmates. The
commissioner may institute inquiries by correspondence, taking testimony, or otherwise,
as to the previous history, physical or mental condition, and character of the inmate and, to
that end, has the authority to require the attendance of the chief executive officer of any
state adult correctional facility and the production of the records of these facilities, and to
compel the attendance of witnesses. The commissioner is authorized to administer oaths to
witnesses for these purposes.

deleted text begin (h) Unless the district court directs otherwise, state parole and probation agents may
require a person who is under the supervision of the commissioner of corrections to perform
community work service for violating a condition of probation imposed by the court.
Community work service may be imposed for the purpose of protecting the public, to aid
the offender's rehabilitation, or both. Agents may impose up to eight hours of community
work service for each violation and up to a total of 24 hours per offender per 12-month
period, beginning with the date on which community work service is first imposed. The
commissioner may authorize an additional 40 hours of community work services, for a total
of 64 hours per offender per 12-month period, beginning with the date on which community
work service is first imposed. At the time community work service is imposed, parole and
probation agents are required to provide written notice to the offender that states:
deleted text end

deleted text begin (1) the condition of probation that has been violated;
deleted text end

deleted text begin (2) the number of hours of community work service imposed for the violation; and
deleted text end

deleted text begin (3) the total number of hours of community work service imposed to date in the 12-month
period.
deleted text end

deleted text begin An offender may challenge the imposition of community work service by filing a petition
in district court. An offender must file the petition within five days of receiving written
notice that community work service is being imposed. If the offender challenges the
imposition of community work service, the state bears the burden of showing, by a
preponderance of the evidence, that the imposition of community work service is reasonable
under the circumstances.
deleted text end

deleted text begin Community work service includes sentencing to service.
deleted text end

deleted text begin (i) Prior to revoking a nonviolent controlled substance offender's parole or probation
based on a technical violation, when the offender does not present a risk to the public and
the offender is amenable to continued supervision in the community, a parole or probation
agent must identify community options to address and correct the violation including, but
not limited to, inpatient chemical dependency treatment. If a probation or parole agent
determines that community options are appropriate, the agent shall seek to restructure the
offender's terms of release to incorporate those options. If an offender on probation stipulates
in writing to restructure the terms of release, a probation agent must forward a report to the
district court containing:
deleted text end

deleted text begin (1) the specific nature of the technical violation of probation;
deleted text end

deleted text begin (2) the recommended restructure to the terms of probation; and
deleted text end

deleted text begin (3) a copy of the offender's signed stipulation indicating that the offender consents to
the restructuring of probation.
deleted text end

deleted text begin The recommended restructuring of probation becomes effective when confirmed by a
judge. The order of the court shall be proof of such confirmation and amend the terms of
the sentence imposed by the court under section 609.135. If a nonviolent controlled substance
offender's parole or probation is revoked, the offender's agent must first attempt to place
the offender in a local jail. For purposes of this paragraph, "nonviolent controlled substance
offender" is a person who meets the criteria described under section 244.0513, subdivision
2, clauses (1), (2), and (5), and "technical violation" means any violation of a court order
of probation or a condition of parole, except an allegation of a subsequent criminal act that
is alleged in a formal complaint, citation, or petition.
deleted text end

Sec. 2.

Minnesota Statutes 2020, section 244.05, subdivision 3, is amended to read:


Subd. 3.

Sanctions for violation.

If an inmate violates the conditions of the inmate's
supervised release imposed by the commissioner, the commissioner may:

(1) continue the inmate's supervised release term, with or without modifying or enlarging
the conditions imposed on the inmatenew text begin, or transferring the inmate's case to a specialized
caseload
new text end; or

(2) revoke the inmate's supervised release and reimprison the inmate for the appropriate
period of time.

Prior to revoking deleted text begina nonviolent controlled substancedeleted text endnew text begin annew text end offender's supervised release
based on a technical violation, when the offender does not present a risk to the public deleted text beginand
the offender is amenable to continued supervision in the community
deleted text end, the commissioner
must identify community options to address and correct the violation deleted text beginincluding, but not
limited to, inpatient chemical dependency treatment
deleted text end. If the commissioner determines that
community options are appropriate, the commissioner shall restructure the inmate's terms
of release to incorporate those options. deleted text beginIf a nonviolent controlled substance offender's
supervised release is revoked, the offender's agent must first attempt to place the offender
in a local jail.
deleted text end For purposes of this subdivision, deleted text begin"nonviolent controlled substance offender"
is a person who meets the criteria described under section 244.0513, subdivision 2, clauses
(1), (2), and (5), and
deleted text end "technical violation" means a violation of a condition of supervised
release, except an allegation of a subsequent criminal act that is alleged in a formal complaint,
citation, or petition.

The period of time for which a supervised release may be revoked may not exceed the
period of time remaining in the inmate's sentence, except that if a sex offender is sentenced
and conditionally released under Minnesota Statutes 2004, section 609.108, subdivision 5,
the period of time for which conditional release may be revoked may not exceed the balance
of the conditional release term.

Sec. 3.

Minnesota Statutes 2020, 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 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) deleted text beginall probation officers serving the juvenile courts on July 1, 1972, shall continue to
serve
deleted text end new text beginif a county receiving probation services under clause (3) decides to provide the services
under clause (1) or (2), the probation officers and other employees displaced by the
changeover shall be employed by the county. Years of service in the state are to be given
full credit for future sick leave and vacation accrual purposes
new text endin the county or counties they
are now serving.

new text begin (b) A county or counties providing probation services under paragraph (a), clause (1)
or (2), is designated a "CPO county" for purposes of receiving a grant under chapter 401.
A county or counties receiving probation services under paragraph (a), clause (3), is not
eligible for a grant under chapter 401, and the commissioner of corrections is appropriated
the county's share of funding for the purpose of providing probation services, and authority
to seek reimbursement from the county under subdivision 5.
new text end

new text begin (c) A county that requests the commissioner of corrections to provide probation services
under paragraph (a), clause (3), shall collaborate with the commissioner to develop a
comprehensive plan as described in section 401.06.
new text end

deleted text begin (b)deleted text endnew text begin (d)new text end 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.

Sec. 4.

Minnesota Statutes 2020, section 244.19, subdivision 5, is amended to read:


Subd. 5.

Compensation.

deleted text beginIn counties of more than 200,000 population, a majority of the
judges of the district court may direct the payment of such salary to probation officers as
may be approved by the county board, and in addition thereto shall be reimbursed for all
necessary expenses incurred in the performance of their official duties.
deleted text end In all counties which
obtain probation services from the commissioner of corrections the commissioner shall, out
of appropriations provided therefor, pay probation officers the salary and all benefits fixed
by the state law or applicable bargaining unit and all necessary expenses, including secretarial
service, office equipment and supplies, postage, telephone and telegraph services, and travel
and subsistence. Each county receiving probation services from the commissioner of
corrections shall reimburse the department of corrections for the total cost and expenses of
such services as incurred by the commissioner of correctionsnew text begin, excluding the cost and expense
of services provided under the state's obligation in section 244.20
new text end. deleted text beginTotal annual costs for
each county shall be that portion of the total costs and expenses for the services of one
probation officer represented by the ratio which the county's population bears to the total
population served by one officer. For the purposes of this section, the population of any
county shall be the most recent estimate made by the Department of Health.
deleted text end At least every
six months the commissioner of corrections shall bill for the total cost and expenses incurred
by the commissioner on behalf of each county which has received probation services. The
commissioner of corrections shall notify each county of the cost and expenses and the county
shall pay to the commissioner the amount due for reimbursement. All such reimbursements
shall be deleted text begindeposited in the general funddeleted text endnew text begin used to provide services for each county according
to their reimbursement amount
new text end. Objections by a county to all allocation of such cost and
expenses shall be presented to and determined by the commissioner of corrections. Each
county providing probation services under this section is hereby authorized to use unexpended
funds and to levy additional taxes for this purpose.

The county commissioners of any county of not more than 200,000 population shall,
when requested to do so by the juvenile judge, provide probation officers with suitable
offices, and may provide equipment, and secretarial help needed to render the required
services.

Sec. 5.

Minnesota Statutes 2020, section 244.195, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

(a) As used in this deleted text beginsubdivisiondeleted text endnew text begin and sections 244.196 to
244.1995
new text end, the following terms have the meanings given them.

(b) "Commissioner" means the commissioner of corrections.

(c) "Conditional release" means parole, supervised release, conditional release as
authorized by section 609.3455, subdivision 6, 7, or 8; Minnesota Statutes 2004, section
609.108, subdivision 6; or Minnesota Statutes 2004, section 609.109, subdivision 7, work
release as authorized by sections 241.26, 244.065, and 631.425, probation, furlough, and
any other authorized temporary release from a correctional facility.

(d) "Court services director" means the director or designee of a county probation agency
that is not organized under new text beginsection 244.19 or an agency organized under new text endchapter 401.

(e) "Detain" means to take into actual custody, including custody within a local
correctional facility.

(f) "Local correctional facility" has the meaning given in section 241.021, subdivision
1
.

(g) new text begin"Probation agency" means the Department of Corrections field office or a probation
agency organized under section 244.19 or chapter 401.
new text end

new text begin (h) "Probation officer" means a court services director, county probation officer, or any
other community supervision officer employed by the commissioner or by a probation
agency organized under section 244.19 or chapter 401.
new text end

new text begin (i) new text end"Release" means to release from actual custody.

Sec. 6.

Minnesota Statutes 2020, section 244.195, is amended by adding a subdivision to
read:


new text begin Subd. 6. new text end

new text begin Intermediate sanctions. new text end

new text begin (a) Unless the district court directs otherwise, a
probation officer may require a person committed to the officer's care by the court to perform
community work service for violating a condition of probation imposed by the court.
Community work service may be imposed for the purpose of protecting the public, to aid
the person's rehabilitation, or both. A probation officer may impose up to eight hours of
community work service for each violation and up to a total of 24 hours per person per
12-month period, beginning on the date on which community work service is first imposed.
The court services director or probation agency may authorize an additional 40 hours of
community work service, for a total of 64 hours per person per 12-month period, beginning
with the date on which community work service is first imposed. At the time community
work service is imposed, probation officers are required to provide written notice to the
person that states:
new text end

new text begin (1) the condition of probation that has been violated;
new text end

new text begin (2) the number of hours of community work service imposed for the violation; and
new text end

new text begin (3) the total number of hours of community work service imposed to date in the 12-month
period.
new text end

new text begin (b) A person on supervision may challenge the imposition of community work service
by filing a petition in district court within five days of receiving written notice that
community work service is being imposed. If the person challenges the imposition of
community work service, the state bears the burden of showing, by a preponderance of the
evidence, that the imposition of community work service is reasonable under the
circumstances.
new text end

new text begin (c) Community work service includes sentencing to service.
new text end

Sec. 7.

Minnesota Statutes 2020, section 244.195, is amended by adding a subdivision to
read:


new text begin Subd. 7. new text end

new text begin Contacts. new text end

new text begin Supervision contacts may be conducted over video conference
technology at the discretion of the probation agent.
new text end

Sec. 8.

Minnesota Statutes 2020, section 244.20, is amended to read:


244.20 PROBATION SUPERVISION.

Notwithstanding 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.
deleted text begin 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.
deleted text end

Sec. 9.

Minnesota Statutes 2020, section 244.21, is amended to read:


244.21 INFORMATION ON OFFENDERS UNDER SUPERVISION; REPORTS.

Subdivision 1.

Collection of information by probation service providers; report
required.

By January 1, 1998, probation service providers shall begin collecting and
maintaining information on offenders under supervision. The commissioner of corrections
shall specify the nature and extent of the information to be collected. By April 1 of every
year, each probation service provider shall report a summary of the information collected
to the commissionernew text begin as a condition of state grant funding under chapter 401new text end.

Subd. 2.

Commissioner of corrections report.

By January 15, deleted text begin1998deleted text endnew text begin 2023new text end, the
commissioner of corrections shall report to the chairs of the deleted text beginsenate crime prevention and
house of representatives judiciary
deleted text endnew text begin legislativenew text end committeesnew text begin with jurisdiction over public safety
and finance
new text end on recommended methods of coordinating the exchange of information collected
on offenders under subdivision 1: (1) between probation service providers; and (2) between
probation service providers and the Department of Correctionsdeleted text begin, without requiring service
providers to acquire uniform computer software
deleted text end.

Sec. 10.

Minnesota Statutes 2020, section 401.01, is amended to read:


401.01 PURPOSE AND DEFINITION; ASSISTANCE GRANTS.

Subdivision 1.

Grants.

For the purpose of more effectively protecting society and to
promote efficiency and economy in the delivery of correctional services, the commissioner
is authorized to make grants to assist counties in the development, implementation, and
operation of community-based corrections programs including preventive or diversionary
correctional programs, conditional release programs, community corrections centers, and
facilities for the detention or confinement, care and treatment of persons convicted of crime
or adjudicated delinquent. deleted text beginThe commissioner may authorize the use of a percentage of a
grant for the operation of an emergency shelter or make a separate grant for the rehabilitation
of a facility owned by the grantee and used as a shelter to bring the facility into compliance
with state and local laws pertaining to health, fire, and safety, and to provide security.
deleted text end

Subd. 2.

Definitions.

(a) For the purposes of sections 401.01 to 401.16, the following
terms have the meanings given them.

(b) "CCA county" means a county that participates in the Community Corrections Act.

(c) "Commissioner" means the commissioner of corrections or a designee.

(d) "Conditional release" means parole, supervised release, conditional release as
authorized by section 609.3455, subdivision 6, 7, or 8; Minnesota Statutes 2004, section
609.108, subdivision 6; or Minnesota Statutes 2004, section 609.109, subdivision 7, work
release as authorized by sections 241.26, 244.065, and 631.425, probation, furlough, and
any other authorized temporary release from a correctional facility.

(e) "County probation officer" means a probation officer appointed under section 244.19.

(f) new text begin"CPO county" means a county that participates in funding under this act by providing
local corrections service for all juveniles and individuals on probation for misdemeanors,
pursuant to section 244.19, subdivision 1, paragraph (a), clause (1) or (2).
new text end

new text begin (g) new text end"Detain" means to take into actual custody, including custody within a local
correctional facility.

deleted text begin (g)deleted text endnew text begin (h)new text end "Joint board" means the board provided in section 471.59.

deleted text begin (h)deleted text endnew text begin (i)new text end "Local correctional facility" has the meaning given in section 241.021, subdivision
1
.

deleted text begin (i)deleted text endnew text begin (j)new text end "Local correctional service" means those services authorized by and employees,
officers, and agents appointed under section 244.19, subdivision 1.

deleted text begin (j)deleted text endnew text begin (k)new text end "Release" means to release from actual custody.

new text begin (l) "Tribal government" means one of the federally recognized Tribes described in section
3.922.
new text end

Sec. 11.

Minnesota Statutes 2020, section 401.02, is amended to read:


401.02 COUNTIES OR REGIONS; SERVICES INCLUDABLE.

Subdivision 1.

Qualification of countiesnew text begin or Tribal governmentsnew text end.

(a) One or more
countiesdeleted text begin, having an aggregate population of 30,000 or more persons,deleted text endnew text begin or Tribal governmentsnew text end
may qualify for a grant as provided in section 401.01 by deleted text beginthe enactment of appropriate
resolutions creating and establishing a corrections advisory board,
deleted text end designating the officer
or agency to be responsible for administering grant funds, and providing for the preparation
of a comprehensive plan for the development, implementation and operation of the
correctional services described in deleted text beginsectiondeleted text endnew text begin sectionsnew text end 401.01new text begin and 401.11new text end, including the
assumption of those correctional services, other than the operation of state facilities, presently
provided in such counties by the Department of Corrections, and providing for centralized
administration and control of those correctional services described in section 401.01.new text begin Counties
participating as a CCA county must also enact the appropriate resolutions creating and
establishing a corrections advisory board.
new text end

Where countiesnew text begin or Tribal governmentsnew text end combine as authorized in this section, they shall
comply with the provisions of section 471.59.

(b) A county that has participated in the Community Corrections Act for five or more
years is eligible to continue to participate in the Community Corrections Act.

new text begin (c) If a county or Tribal government withdraws from the grant program as outlined in
subdivision 1 and asks the commissioner of corrections or the legislature mandates the
commissioner of corrections to furnish probation services to the county, 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.
new text end

Subd. 2.

Planning counties; advisory board members expenses.

To assist counties
which have complied with the provisions of subdivision 1 and require financial aid to defray
all or a part of the expenses incurred by corrections advisory board members in discharging
their official duties pursuant to section 401.08, the commissioner may designate counties
as "planning counties", and, upon receipt of resolutions by the governing boards of the
counties certifying the need for and inability to pay the expenses described in this subdivision,
advance to the counties an amount not to exceed five percent of the maximum quarterlydeleted text begin
subsidy
deleted text endnew text begin grantnew text end for which the counties are eligible. The expenses described in this subdivision
shall be paid in the same manner and amount as for state employees.

Subd. 3.

Establishment and reorganization of administrative structure.

Any county
or group of counties which have qualified for participation in the deleted text begincommunity corrections
subsidy
deleted text endnew text begin grantnew text end program provided by this chapter may establish, organize, and reorganize an
administrative structure and provide for the budgeting, staffing, and operation of court
services and probation, construction or improvement to juvenile detention and juvenile
correctional facilities and adult detention and correctional facilities, and other activities
required to conform to the purposes of this chapter. No contrary general or special statute
divests any county or group of counties of the authority granted by this subdivision.

deleted text begin Subd. 5. deleted text end

deleted text begin Intermediate sanctions. deleted text end

deleted text begin Unless the district court directs otherwise, county
probation officers may require a person committed to the officer's care by the court to
perform community work service for violating a condition of probation imposed by the
court. Community work service may be imposed for the purpose of protecting the public,
to aid the offender's rehabilitation, or both. Probation officers may impose up to eight hours
of community work service for each violation and up to a total of 24 hours per offender per
12-month period, beginning on the date on which community work service is first imposed.
The chief executive officer of a community corrections agency may authorize an additional
40 hours of community work service, for a total of 64 hours per offender per 12-month
period, beginning with the date on which community work service is first imposed. At the
time community work service is imposed, probation officers are required to provide written
notice to the offender that states:
deleted text end

deleted text begin (1) the condition of probation that has been violated;
deleted text end

deleted text begin (2) the number of hours of community work service imposed for the violation; and
deleted text end

deleted text begin (3) the total number of hours of community work service imposed to date in the 12-month
period.
deleted text end

deleted text begin An offender may challenge the imposition of community work service by filing a petition
in district court. An offender must file the petition within five days of receiving written
notice that community work service is being imposed. If the offender challenges the
imposition of community work service, the state bears the burden of showing, by a
preponderance of the evidence, that the imposition of community work service is reasonable
under the circumstances.
deleted text end

deleted text begin Community work service includes sentencing to service.
deleted text end

Sec. 12.

Minnesota Statutes 2020, section 401.04, is amended to read:


401.04 ACQUISITION OF PROPERTY; SELECTION OF ADMINISTRATIVE
STRUCTURE; EMPLOYEES.

Any county or group of counties electing to come within the provisions of sections
401.01 to 401.16 may (a) acquire by any lawful means, including purchase, lease or transfer
of custodial control, the lands, buildings and equipment necessary and incident to the
accomplishment of the purposes of sections 401.01 to 401.16, (b) determine and establish
the administrative structure best suited to the efficient administration and delivery of the
correctional services described in section 401.01, and (c) employ a director and other officers,
employees and agents as deemed necessary to carry out the provisions of sections 401.01
to 401.16. To the extent that participating counties shall assume and take over state and
local correctional services presently provided in counties, employment shall be given to
those state and local officers, employees and agents thus displaced; if hired by a county,
employment shall, to the extent possible and notwithstanding the provisions of any other
law or ordinance to the contrary, be deemed a transfer in grade with all of the benefits
enjoyed by such officer, employee or agent while in the service of the state or local
correctional service.

State or local employees displaced by county participation in the deleted text beginsubsidydeleted text endnew text begin grantnew text end program
provided by this chapter are on layoff status and, if not hired by a participating county as
provided herein, may exercise their rights under layoff procedures established by law or
union agreement whichever is applicable.

State or local officers and employees displaced by a county's participation in the
Community Corrections Act and hired by the participating county shall retain all fringe
benefits and recall from layoff benefits accrued by seniority and enjoyed by them while in
the service of the state.

Sec. 13.

Minnesota Statutes 2021 Supplement, section 401.06, is amended to read:


401.06 COMPREHENSIVE PLAN; STANDARDS OF ELIGIBILITY;
COMPLIANCE.

No county or group of counties new text beginor Tribal government or group of Tribal governments
new text end electing to provide correctional services pursuant to sections 401.01 to 401.16 shall be
eligible for the deleted text beginsubsidydeleted text endnew text begin grantnew text end herein provided unless and until its comprehensive plan shall
have been approved by the commissioner. The commissioner shall, pursuant to the
Administrative Procedure Act, promulgate rules establishing standards of eligibility for
new text begin CCA and CPO new text endcountiesnew text begin and Tribal governmentsnew text end to receive deleted text beginfundsdeleted text endnew text begin grantsnew text end under sections
401.01 to 401.16. To remain eligible for deleted text beginsubsidydeleted text endnew text begin grantsnew text end counties new text beginand Tribal governments
new text end shall maintain substantial compliance with the minimum standards established pursuant to
sections 401.01 to 401.16 and the policies and procedures governing the services described
in section 401.025 as prescribed by the commissioner. Counties shall also be in substantial
compliance with other correctional operating standards permitted by law and established
by the commissioner and shall report statistics required by the commissioner including but
not limited to information on individuals convicted as an extended jurisdiction juvenile
identified in section 241.016, subdivision 1, paragraph (c). The commissioner shall review
annually the comprehensive plans submitted by participating countiesnew text begin and Tribal
governments
new text end, including the facilities and programs operated under the plans. The
commissioner is hereby authorized to enter upon any facility operated under the plan, and
inspect books and records, for purposes of recommending needed changes or improvements.new text begin
When the commissioner provides supervision to a county that elects not to provide the
supervision, the commissioner shall prepare a comprehensive plan for the county and shall
present it to the local county board of commissioners. The Department of Corrections shall
be subject to all the standards and requirements established in sections 401.01 to 401.16
and promulgated rules.
new text end

When the commissioner shall determine that there are reasonable grounds to believe
that a county or group of countiesnew text begin or Tribal government or group of Tribal governmentsnew text end is
not in substantial compliance with minimum standards, at least 30 days' notice shall be
given the county or countiesnew text begin or Tribal government or Tribal governmentsnew text end and a hearing
conducted by the commissioner to ascertain whether there is substantial compliance or
satisfactory progress being made toward compliance. The commissioner may suspend all
or a portion of any deleted text beginsubsidydeleted text endnew text begin grantnew text end until the required standard of operation has been met.

Sec. 14.

Minnesota Statutes 2020, section 401.09, is amended to read:


401.09 OTHER SUBSIDY PROGRAMS; PURCHASE OF STATE SERVICES.

Failure of a county or group of counties to elect to come within the provisions of sections
401.01 to 401.16 shall not affect their eligibility for any other state new text begingrant or new text endsubsidy for
correctional purposes otherwise provided by law. Any comprehensive plan submitted
pursuant to sections 401.01 to 401.16 may include the purchase of selected correctional
services from the state by contract, including the temporary detention and confinement of
persons convicted of crime or adjudicated delinquent; confinement to be in an appropriate
state facility as otherwise provided by law. The commissioner shall annually determine the
costs of the purchase of services under this section and deduct them from the deleted text beginsubsidydeleted text endnew text begin grantnew text end
due and payable to the county or counties concerned; provided that no contract shall exceed
in cost the amount of deleted text beginsubsidydeleted text endnew text begin grantnew text end to which the participating county or counties are eligible.

Sec. 15.

Minnesota Statutes 2020, section 401.10, is amended to read:


401.10 COMMUNITY CORRECTIONS AID.

Subdivision 1.

deleted text beginAid calculationsdeleted text endnew text begin Funding formulanew text end.

deleted text begin To determine the community
corrections aid amount to be paid to each participating county, the commissioner of
corrections must apply the following formula:
deleted text end

deleted text begin (1) For each of the 87 counties in the state, a percent score must be calculated for each
of the following five factors:
deleted text end

deleted text begin (i) percent of the total state population aged ten to 24 residing within the county according
to the most recent federal census, and, in the intervening years between the taking of the
federal census, according to the most recent estimate of the state demographer;
deleted text end

deleted text begin (ii) percent of the statewide total number of felony case filings occurring within the
county, as determined by the state court administrator;
deleted text end

deleted text begin (iii) percent of the statewide total number of juvenile case filings occurring within the
county, as determined by the state court administrator;
deleted text end

deleted text begin (iv) percent of the statewide total number of gross misdemeanor case filings occurring
within the county, as determined by the state court administrator; and
deleted text end

deleted text begin (v) percent of the total statewide number of convicted felony offenders who did not
receive an executed prison sentence, as monitored and reported by the Sentencing Guidelines
Commission.
deleted text end

deleted text begin The percents in items (ii) to (v) must be calculated by combining the most recent
three-year period of available data. The percents in items (i) to (v) each must sum to 100
percent across the 87 counties.
deleted text end

deleted text begin (2) For each of the 87 counties, the county's percents in clause (1), items (i) to (v), must
be weighted, summed, and divided by the sum of the weights to yield an average percent
for each county, referred to as the county's "composite need percent." When performing
this calculation, the weight for each of the percents in clause (1), items (i) to (v), is 1.0. The
composite need percent must sum to 100 percent across the 87 counties.
deleted text end

deleted text begin (3) For each of the 87 counties, the county's "adjusted net tax capacity percent" is the
county's adjusted net tax capacity amount, defined in the same manner as it is defined for
cities in section 477A.011, subdivision 20, divided by the statewide total adjusted net tax
capacity amount. The adjusted net tax capacity percent must sum to 100 percent across the
87 counties.
deleted text end

deleted text begin (4) For each of the 87 counties, the county's composite need percent must be divided by
the county's adjusted net tax capacity percent to produce a ratio that, when multiplied by
the county's composite need percent, results in the county's "tax base adjusted need percent."
deleted text end

deleted text begin (5) For each of the 87 counties, the county's tax base adjusted need percent must be
added to twice the composite need percent, and the sum must be divided by 3, to yield the
county's "weighted need percent."
deleted text end

deleted text begin (6) Each participating county's weighted need percent must be added to the weighted
need percent of each other participating county to yield the "total weighted need percent
for participating counties."
deleted text end

deleted text begin (7) Each participating county's weighted need percent must be divided by the total
weighted need percent for participating counties to yield the county's "share percent." The
share percents for participating counties must sum to 100 percent.
deleted text end

deleted text begin (8) Each participating county's "base funding amount" is the aid amount that the county
received under this section for fiscal year 1995 plus the amount received in caseload or
workload reduction, felony caseload reduction, and sex offender supervision grants in fiscal
year 2015, as reported by the commissioner of corrections. In fiscal year 1997 and thereafter,
no county's aid amount under this section may be less than its base funding amount, provided
that the total amount appropriated for this purpose is at least as much as the aggregate base
funding amount defined in clause (9).
deleted text end

deleted text begin (9) The "aggregate base funding amount" is equal to the sum of the base funding amounts
for all participating counties. If a county that participated under this section chooses not to
participate in any given year, then the aggregate base funding amount must be reduced by
that county's base funding amount. If a county that did not participate under this section in
fiscal year 1995 chooses to participate on or after July 1, 2015, then the aggregate base
funding amount must be increased by the amount of aid that the county would have received
had it participated in fiscal year 1995 plus the estimated amount it would have received in
caseload or workload reduction, felony caseload reduction, and sex offender supervision
grants in fiscal year 2015, as reported by the commissioner of corrections, and the amount
of increase shall be that county's base funding amount.
deleted text end

deleted text begin (10) In any given year, the total amount appropriated for this purpose first must be
allocated to participating counties in accordance with each county's base funding amount.
Then, any remaining amount in excess of the aggregate base funding amount must be
allocated to participating counties in proportion to each county's share percent, and is referred
to as the county's "formula amount."
deleted text end

deleted text begin Each participating county's "community corrections aid amount" equals the sum of (i)
the county's base funding amount, and (ii) the county's formula amount.
deleted text end

deleted text begin (11) However, if in any year the total amount appropriated for the purpose of this section
is less than the aggregate base funding amount, then each participating county's community
corrections aid amount is the product of (i) the county's base funding amount multiplied by
(ii) the ratio of the total amount appropriated to the aggregate base funding amount.
deleted text end

deleted text begin For each participating county, the county's community corrections aid amount calculated
in this subdivision is the total amount of subsidy to which the county is entitled under
sections 401.01 to 401.16.
deleted text end

new text begin (a) The state shall institute one funding formula for supervising people in the community.
For fiscal year 2023, the commissioner shall use the following formula to determine each
county and Tribal government grant and the department's funding for supervision in counties
or Tribal jurisdictions served by the department. Funding and allocations for intensive
supervised release are not included in the formula and regardless of the results of the formula,
in fiscal year 2023, the commissioner shall provide full 50 percent funding to CPO counties
as previously required in section 244.19, subdivision 6. The following amounts shall be
summed to arrive at the total for a county, Tribal government, or the department:
new text end

new text begin (1) $250,000;
new text end

new text begin (2) 10 percent of the total appropriation for community supervision and postrelease
services to the department for community supervision in fiscal year 2022 multiplied by the
county's or Tribe's percentage of the state's total population;
new text end

new text begin (3) 10 percent of the total appropriation to the department for community supervision
in fiscal year 2022 multiplied by the county's or Tribe's percentage of the state's total
geographic area;
new text end

new text begin (4) the result of the following methodology:
new text end

new text begin (i) use the county's felony supervision population as reflected in the most recent probation
survey by the department and analysis conducted in 2021 by an independent contractor;
new text end

new text begin (ii) use the hours required to supervise the felony population based on 2,080 hours of
officer FTE time in one year;
new text end

new text begin (iii) compute an average FTE time for the county for one year; and
new text end

new text begin (iv) assume a $100,000 cost for each officer FTE and multiply that amount by the average
FTE time for the county for one year; and
new text end

new text begin (5) the department may prorate the total amount distributed in clauses (2), (3), and (4),
as necessary, so as to not exceed the total appropriation for fiscal year 2023.
new text end

new text begin (b) For use in fiscal year 2024 and beyond, to replace the methodology in paragraph (a),
clause (4), the state shall implement a workload methodology developed by the Supervision
Standards Committee to calculate the average per diem costs of supervising people in
communities and accounting for people of different risk and need levels who are: juveniles;
on probation for a misdemeanor; on probation for a gross misdemeanor; on probation for
a felony; on supervised or conditional release; or on intensive supervised release. The
Department of Corrections and the Supervision Standards Committee shall report the
methodology and the calculated fiscal impacts of the formula described in this paragraph
estimated for each of fiscal years 2024, 2025, 2026, and 2027 to the chairs and ranking
minority members of the legislative committees with jurisdiction over public safety finance
and policy, to the governor, and to the Department of Management and Budget by October
15, 2022, for consideration in biennial budget development under section 16A.10, subdivision
2. The department may prorate the total amount distributed in fiscal year 2024 and subsequent
years as necessary, so as to not exceed the total appropriation for that fiscal year.
new text end

Subd. 2.

Transfer of funds.

Notwithstanding any law to the contrary, the commissioner
of corrections, after notifying the committees on finance of the senate and ways and means
of the house of representatives, may, at the end of any fiscal year, transfer any unobligated
fundsnew text begin, including funds available due the withdrawal of a county under section 401.16,new text end in
any appropriation to the Department of Corrections to the appropriation under sections
401.01 to 401.16, which appropriation shall not cancel but is reappropriated for the purposes
of sections 401.01 to 401.16.

Subd. 3.

Formula review.

deleted text begin Prior to January 16, 2002, the committees with jurisdiction
over community corrections funding decisions in the house of representatives and the senate,
in consultation with the Department of Corrections and any interested county organizations,
must review the formula in subdivision 1 and make recommendations to the legislature for
its continuation, modification, replacement, or discontinuation.
deleted text end new text begin (a) For fiscal year 2024 and
subsequent fiscal years, the commissioner shall make a funding recommendation based
upon the following two components:
new text end

new text begin (1) for the first component the following amounts shall be summed to arrive at the total
for a county, Tribal government, or the department:
new text end

new text begin (i) $250,000;
new text end

new text begin (ii) 10 percent of the total appropriation to the department for community supervision
in the previous fiscal year multiplied by the county's percentage of the state's total population
according to 2020 census data; and
new text end

new text begin (iii) 10 percent of the total appropriation to the department for community supervision
in the previous fiscal year multiplied by the county's percentage of the state's total geographic
area as reflected in square miles; and
new text end

new text begin (2) for the second component funding shall reflect the results of the workload study in
subdivision, paragraph (b).
new text end

new text begin (b) Every six years the workload study shall be repeated and updated by the Department
of Corrections in consultation with the Community Supervision Advisory Board if
established.
new text end

new text begin (c) For the purposes of the recommendations required under this section, every six years
the $250,000 base amount shall be adjusted to reflect the statewide average cost of 2.5
probation officer full-time equivalent.
new text end

Sec. 16.

Minnesota Statutes 2020, section 401.11, is amended to read:


401.11 COMPREHENSIVE PLAN ITEMS; GRANT REVIEW.

new text begin Subdivision 1. new text end

new text begin Items. new text end

The comprehensive plan submitted to the commissioner for
approval shall include those items prescribed by rule of the commissioner, which may
require the inclusion of the following: (a) the manner in which presentence and postsentence
investigations and reports for the district courts and social history reports for the juvenile
courts will be made; (b) the manner in which conditional release services to the courts and
persons under jurisdiction of the commissioner of corrections will be provided; (c) a program
for the detention, supervision, and treatment of persons under pretrial detention or under
commitment; (d) delivery of other correctional services defined in section 401.01; (e)
proposals for new programs, which proposals must demonstrate a need for the program, its
purpose, objective, administrative structure, staffing pattern, staff training, financing,
evaluation process, degree of community involvement, client participation, and duration of
program.

new text begin Subd. 2. new text end

new text begin Review. new text end

In addition to the foregoing requirements made by this section, each
participating new text beginCCA new text endcounty or group of counties shall develop and implement a procedure
for the review of grant applications made to the corrections advisory board and for the
manner in which corrections advisory board action will be taken on them. A description of
this procedure must be made available to members of the public upon request.

Sec. 17.

Minnesota Statutes 2020, section 401.12, is amended to read:


401.12 CONTINUATION OF CURRENT SPENDING LEVEL BY COUNTIES.

Participating counties shall not diminish their current level of spending for correctional
expenses as defined in section 401.01, to the extent of any deleted text beginsubsidydeleted text endnew text begin grantnew text end received pursuant
to sections 401.01 to 401.16; rather the deleted text beginsubsidydeleted text endnew text begin grantnew text end herein provided is for the expenditure
for correctional purposes in excess of those funds currently being expended. Should a
participating county be unable to expend the full amount of the deleted text beginsubsidydeleted text endnew text begin grantnew text end to which it
would be entitled in any one year under the provisions of sections 401.01 to 401.16, the
commissioner shall retain the surplus, subject to disbursement in the following year wherein
such county can demonstrate a need for and ability to expend same for the purposes provided
in section 401.01. If in any biennium the deleted text beginsubsidydeleted text endnew text begin grantnew text end is increased by an inflationary
adjustment which results in the county receiving more actual deleted text beginsubsidydeleted text endnew text begin grantnew text end than it did in
the previous calendar year, the county shall be eligible for that increase only if the current
level of spending is increased by a percentage equal to that increase within the same
biennium.

Sec. 18.

Minnesota Statutes 2020, section 401.14, subdivision 1, is amended to read:


Subdivision 1.

Payment.

Upon compliance by a county or group of counties with the
prerequisites for participation in the deleted text beginsubsidydeleted text endnew text begin grantnew text end prescribed by sections 401.01 to 401.16,
and approval of the comprehensive plan by the commissioner, the commissioner shall
determine whether funds exist for the payment of the deleted text beginsubsidydeleted text endnew text begin grantnew text end and proceed to pay same
in accordance with applicable rules.

Sec. 19.

Minnesota Statutes 2020, section 401.14, subdivision 3, is amended to read:


Subd. 3.

Installment payments.

The commissioner of corrections shall make payments
for community corrections services to each county in 12 installments per year. The
commissioner shall ensure that the pertinent payment of the allotment for each month is
made to each county on the first working day after the end of each month of the calendar
year, except for the last month of the calendar year. The commissioner shall ensure that
each county receives its payment of the allotment for that month no later than the last
working day of that month. deleted text beginThe payment described in this subdivision for services rendered
during June 1985 shall be made on the first working day of July 1985.
deleted text end

Sec. 20.

Minnesota Statutes 2020, section 401.15, subdivision 2, is amended to read:


Subd. 2.

Ranking review.

The commissioner shall biennially review the ranking accorded
each county by the equalization formula provided in section 401.10 and compute the deleted text beginsubsidydeleted text endnew text begin
grant
new text end rate accordingly.

Sec. 21.

Minnesota Statutes 2020, section 401.16, is amended to read:


401.16 WITHDRAWAL FROM PROGRAM.

Any participating county new text beginor Tribal government new text endmay, at the beginning of any calendar
quarter, by resolution of its board of commissionersnew text begin or Tribal government leadersnew text end, notify
the commissioner of its intention to withdraw from the deleted text beginsubsidydeleted text endnew text begin grantnew text end program established
by sections 401.01 to 401.16, and the withdrawal shall be effective the last day of deleted text beginthe last
month of the quarter in
deleted text endnew text begin the third quarter afternew text end which the notice was given. deleted text beginUpon withdrawal,
the unexpended balance of moneys allocated to the county, or that amount necessary to
reinstate state correctional services displaced by that county's participation, including
complement positions, may, upon approval of the legislative advisory commission, be
transferred to the commissioner for the reinstatement of the displaced services and the
payment of any other correctional subsidies for which the withdrawing county had previously
been eligible.
deleted text end

Sec. 22. new text beginSUPERVISION STANDARDS COMMITTEE.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; members. new text end

new text begin (a) The commissioner of corrections shall
establish a supervision standards committee to develop standards for probation, supervised
release, and community supervision. The committee consists of 13 members as follows:
new text end

new text begin (1) two directors appointed by the Minnesota Association of Community Corrections
Act Counties;
new text end

new text begin (2) two probation directors appointed by the Minnesota Association of County Probation
Officers;
new text end

new text begin (3) two county commissioner representatives appointed by the Association of Minnesota
Counties;
new text end

new text begin (4) two behavioral health, treatment, or programming providers who work directly with
individuals on correctional supervision, one appointed by the Department of Human Services
and one appointed by the Minnesota Association of County Social Service Administrators;
new text end

new text begin (5) two representatives appointed by the Minnesota Indian Affairs Council;
new text end

new text begin (6) the commissioner of corrections or designee and one additional representative of the
department appointed by the commissioner; and
new text end

new text begin (7) the chair of the statewide evidence-based practice advisory committee.
new text end

new text begin (b) When an appointing authority selects an individual for membership on the committee,
the authority shall make reasonable efforts to reflect geographic diversity and to appoint
qualified members of protected groups, as defined in Minnesota Statutes, section 43A.02,
subdivision 33.
new text end

new text begin (c) The commissioner shall convene the first meeting of the committee on or before July
15, 2022.
new text end

new text begin Subd. 2. new text end

new text begin Terms; removal; reimbursement. new text end

new text begin (a) In the case of a vacancy on the
committee, the appointing authority shall appoint a person to fill the vacancy. The members
of the committee shall elect any officers and create any subcommittees necessary for the
efficient discharge of committee duties.
new text end

new text begin (b) A member may be removed by the appointing authority at any time at the pleasure
of the appointing authority.
new text end

new text begin (c) A member of the committee shall be reimbursed for all reasonable expenses actually
paid or incurred by that member in the performance of official duties in the same manner
as other employees of the state. The public members of the committee shall be compensated
at the rate of $55 for each day or part thereof spent on committee activities.
new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin (a) The committee shall comply with the requirements of Minnesota
Statutes, section 401.10.
new text end

new text begin (b) By June 30, 2023, the committee shall provide written advice and recommendations
to the commissioner of corrections for the development of administrative rules and policy
regarding:
new text end

new text begin (1) developing statewide supervision standards and definitions to be applied to community
supervision provided by CPO counties, CCA counties, and the Department of Corrections;
new text end

new text begin (2) requiring community supervision agencies to use the same agreed-upon risk screener
and risk and needs assessment tools, as the main supervision assessment methods, or a
universal five-level matrix allowing for consistent supervision levels and that all tools in
use be validated on Minnesota's community supervision population and revalidated every
five years;
new text end

new text begin (3) requiring the use of assessment-driven, formalized collaborative case planning to
focus case planning goals on identified criminogenic and behavioral health need areas for
moderate- and high-risk individuals;
new text end

new text begin (4) limiting standard conditions required for all people on supervision across all
supervision systems and judicial districts, ensure that conditions of supervision are directly
related to the offense of the person on supervision, and tailor special conditions to people
on supervision identified as high risk and need;
new text end

new text begin (5) providing gender-responsive, culturally appropriate services and trauma-informed
approaches;
new text end

new text begin (6) developing a statewide incentives and sanctions grid to guide responses to client
behavior while under supervision to be reviewed and updated every five years to maintain
alignment with national best practices; and
new text end

new text begin (7) developing performance indicators for supervision success as well as recidivism.
new text end

new text begin (c) The committee shall also explore the role of a permanent state Community Supervision
Advisory Board for the purposes of the required report in subdivision 6.
new text end

new text begin Subd. 4. new text end

new text begin Response. new text end

new text begin Within 45 days of receiving the committee's recommendations, the
commissioner must respond in writing to the committee's advice and recommendations.
The commissioner's response must explain whether the agency will adopt rules based on
the recommendations, the timeline for rulemaking, and an explanation of why the
commissioner will not or cannot include any individual recommendations of the committee
in the agency's adoption of rules. The commissioner must submit at the same time the advice
and recommendations of the committee and the commissioner's written response to the
Governor's Council on Justice Reinvestment and to the chairs and ranking minority members
of the legislative committees with jurisdiction over public safety and finance.
new text end

new text begin Subd. 5. new text end

new text begin Staff; meeting room; office equipment. new text end

new text begin The commissioner shall provide the
committee with staff support, a meeting room, and access to office equipment and services.
new text end

new text begin Subd. 6. new text end

new text begin Report. new text end

new text begin (a) On January 15, 2023, and January 15, 2024, the committee shall
submit a report to the chairs and ranking minority members of the legislative committees
with jurisdiction over public safety and finance and the Governor's Council on Justice
Reinvestment on progress regarding the development of standards and recommendations
under subdivision 3.
new text end

new text begin (b) On January 15, 2025, the committee shall submit a final report to the chairs and
ranking minority members of the legislative committees with jurisdiction over public safety
and finance and the Governor's Council on Justice Reinvestment on the standards and
recommendations developed according to subdivision 3. The recommendations must include
at a minimum a proposed state-level Community Supervision Advisory Board with a
governance structure and duties for the board.
new text end

new text begin Subd. 7. new text end

new text begin Expiration. new text end

new text begin The committee expires the earlier of January 25, 2025, or the day
after the final report is submitted to the legislature and the Governor's Council on Justice
Reinvestment.
new text end

Sec. 23. new text beginAPPROPRIATION.
new text end

new text begin $26,239,000 in fiscal year 2023 is appropriated from the general fund to the commissioner
of corrections for probation and supervised release. This appropriation is added to the base.
The base is increased by $12,550,000 in fiscal year 2024 and by $12,550,000 in fiscal year
2025. Of this amount:
new text end

new text begin (1) $21,300,000 is for services provided by the Department of Corrections field services,
county probation officers, and Community Corrections Act counties;
new text end

new text begin (2) $2,000,000 is for quality assurance, coaching, and training;
new text end

new text begin (3) $2,000,000 is to provide grants for local governments, Tribes, and other community
partners to improve availability and access to programming for individuals under community
supervision across the state, including community-based treatment and rehabilitative services,
use of community-based revocation units, and other innovations in corrections. Of this
amount, up to 2.5 percent may be used to administer the grant program. The base for this
appropriation is increased by $13,000,000 in fiscal year 2024 and by $13,000,000 in fiscal
year 2025; and
new text end

new text begin (4) $939,000 is to acquire a grants management system and increase capacity for grants
management, including compliance with internal controls. The base for this appropriation
is reduced by $450,000 in fiscal year 2024 and by $450,000 in fiscal year 2025.
new text end

Sec. 24. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2020, sections 244.19, subdivisions 6, 7, and 8; 244.22; 244.24;
244.30; and 401.025,
new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 22-07540

244.19 PROBATION OFFICERS.

Subd. 6.

Reimbursement of counties.

In order to reimburse the counties for the cost which they assume under this section of providing probation and parole services to wards of the commissioner of corrections and to aid the counties in achieving the purposes of this section, the commissioner of corrections shall annually, from funds appropriated for that purpose, pay 50 percent of the costs of probation officers' salaries to all counties of not more than 200,000 population. Nothing in this section will invalidate any payments to counties made pursuant to this section before May 15, 1963. Salary costs include fringe benefits, but only to the extent that fringe benefits do not exceed those provided for state civil service employees. On or before July 1 of each even-numbered year each county or group of counties which provide their own probation services to the district court under subdivision 1, clause (1) or (2), shall submit to the commissioner of corrections an estimate of its costs under this section. Reimbursement to those counties shall be made on the basis of the estimate or actual expenditures incurred, whichever is less. Reimbursement for those counties which obtain probation services from the commissioner of corrections pursuant to subdivision 1, clause (3), must be made on the basis of actual expenditures. Salary costs shall not be reimbursed unless county probation officers are paid salaries commensurate with the salaries paid to comparable positions in the classified service of the state civil service. The salary range to which each county probation officer is assigned shall be determined by the authority having power to appoint probation officers, and shall be based on the officer's length of service and performance. The appointing authority shall annually assign each county probation officer to a position on the salary scale commensurate with the officer's experience, tenure, and responsibilities. The judge shall file with the county auditor an order setting each county probation officer's salary. Time spent by a county probation officer as a court referee shall not qualify for reimbursement. Reimbursement shall be prorated if the appropriation is insufficient. A new position eligible for reimbursement under this section may not be added by a county without the written approval of the commissioner of corrections. When a new position is approved, the commissioner shall include the cost of the position in calculating each county's share.

Subd. 7.

Certificate of counties entitled to state aid.

On or before January 1 of each year, until 1970 and on or before April 1 thereafter, the commissioner of corrections shall deliver to the commissioner of management and budget a certificate in duplicate for each county of the state entitled to receive state aid under the provisions of this section. Upon the receipt of such certificate, the commissioner of management and budget shall issue a payment to the county treasurer for the amount shown by each certificate to be due to the county specified. The commissioner of management and budget shall transmit such payment to the county treasurer together with a copy of the certificate prepared by the commissioner of corrections.

Subd. 8.

Exception.

This section shall not apply to Ramsey County.

244.22 PROBATION SERVICE PROVIDERS; CASELOAD REDUCTION GRANT MONEY.

(a) The commissioner of corrections shall review the planned expenditures of probation service providers before allocating probation caseload reduction grants appropriated by the legislature. The review must determine whether the planned expenditures comply with applicable law.

(b) In counties where probation services are provided by both county and Department of Corrections employees, a collaborative plan addressing the local needs shall be developed. The commissioner of corrections shall specify the manner in which probation caseload reduction grant money shall be distributed between the providers according to the approved plan.

244.24 CLASSIFICATION SYSTEM FOR ADULT OFFENDERS.

By February 1, 1998, all probation agencies shall adopt written policies for classifying adult offenders. The commissioner of corrections shall assist probation agencies in locating organizations that may provide training and technical assistance to the agencies concerning methods to develop and implement effective, valid classification systems.

244.30 CAP ON INCARCERATION FOR FIRST-TIME SUPERVISED RELEASE VIOLATIONS; EXCEPTION FOR SEX OFFENDERS.

(a) If the commissioner revokes the supervised release of a person whose release on the current offense has not previously been revoked, the commissioner may order the person to be incarcerated for no more than 90 days or until the expiration of the person's sentence, whichever is less.

(b) This section does not apply to offenders on supervised release for a violation of section 609.342, 609.343, 609.344, 609.345, 609.3451, or 609.3453.

(c) The commissioner may order a person described in this section to be incarcerated for more than 90 days if the commissioner determines that substantial and compelling reasons exist to believe that the longer incarceration period is necessary to protect the public.

401.025 DETENTION AND RELEASE; PROBATIONERS, CONDITIONAL RELEASEES, AND PRETRIAL RELEASEES.

Subdivision 1.

Peace officers and probation officers serving CCA counties.

(a) When it appears necessary to enforce discipline or to prevent a person on conditional release from escaping or absconding from supervision, the chief executive officer or designee of a community corrections agency in a CCA county has the authority to issue a written order directing any peace officer or any probation officer in the state serving the district and juvenile courts to detain and bring the person before the court or the commissioner, whichever is appropriate, for disposition. This written order is sufficient authority for the peace officer or probation officer to detain the person for not more than 72 hours, excluding Saturdays, Sundays, and holidays, pending a hearing before the court or the commissioner.

(b) The chief executive officer or designee of a community corrections agency in a CCA county has the authority to issue a written order directing a peace officer or probation officer serving the district and juvenile courts to release a person detained under paragraph (a) within 72 hours, excluding Saturdays, Sundays, and holidays, without an appearance before the court or the commissioner. This written order is sufficient authority for the peace officer or probation officer to release the detained person.

(c) The chief executive officer or designee of a community corrections agency in a CCA county has the authority to issue a written order directing any peace officer or any probation officer serving the district and juvenile courts to detain any person on court-ordered pretrial release who absconds from pretrial release or fails to abide by the conditions of pretrial release. A written order issued under this paragraph is sufficient authority for the peace officer or probation officer to detain the person.

Subd. 2.

Peace officers and probation officers in other counties and state correctional investigators.

(a) The chief executive officer or designee of a community corrections agency in a CCA county has the authority to issue a written order directing any state correctional investigator or any peace officer, probation officer, or county probation officer from another county to detain a person under sentence or on probation who:

(1) fails to report to serve a sentence at a local correctional facility;

(2) fails to return from furlough or authorized temporary release from a local correctional facility;

(3) escapes from a local correctional facility; or

(4) absconds from court-ordered home detention.

(b) The chief executive officer or designee of a community corrections agency in a CCA county has the authority to issue a written order directing any state correctional investigator or any peace officer, probation officer, or county probation officer from another county to detain any person on court-ordered pretrial release who absconds from pretrial release or fails to abide by the conditions of pretrial release.

(c) A written order issued under paragraph (a) or (b) is sufficient authority for the state correctional investigator, peace officer, probation officer, or county probation officer to detain the person.

Subd. 3.

Offenders under Department of Corrections commitment.

CCA counties shall comply with the policies prescribed by the commissioner when providing supervision and other correctional services to persons conditionally released pursuant to sections 241.26, 242.19, 243.05, 243.1605, 244.05, and 244.065, including intercounty transfer of persons on conditional release and the conduct of presentence investigations.