as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to the organization and operation of state 1.3 government; appropriating money for public defense, 1.4 criminal justice, corrections, and general judicial 1.5 expenses of state government; providing for the 1.6 transfer of certain money in the state treasury; 1.7 amending Minnesota Statutes 1994, section 626.861, 1.8 subdivision 4. 1.9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.10 Section 1. [CRIMINAL JUSTICE; APPROPRIATIONS.] 1.11 The sums shown in the columns marked "APPROPRIATIONS" are 1.12 appropriated from the general fund, or another fund named, to 1.13 the agencies and for the purposes specified in the following 1.14 sections of this act, to be available for the fiscal years 1.15 indicated for each purpose. The figures "1996" and "1997," 1.16 where used in this article, mean that the appropriation or 1.17 appropriations listed under them are available for the year 1.18 ending June 30, 1996 or June 30, 1997, respectively. 1.19 SUMMARY BY FUND 1.20 1996 1997 TOTAL 1.21 General $ 407,935,000 $ 422,236,000 $ 830,171,000 1.22 Special Revenue 4,144,000 4,152,000 8,296,000 1.23 TOTAL $ 412,079,000 $ 426,388,000 $ 838,467,000 1.24 APPROPRIATIONS 1.25 Available for the Year 1.26 Ending June 30 1.27 1996 1997 1.28 Sec. 2. SUPREME COURT 2.1 Subdivision 1. Total 2.2 Appropriation $ 18,733,000 $ 18,695,000 2.3 The amounts that may be spent from this 2.4 appropriation for each program are 2.5 specified in the following subdivisions. 2.6 Subd. 2. Supreme Court Operations 2.7 3,975,000 3,987,000 2.8 $2,500 the first year and $2,500 the 2.9 second year are for a contingent 2.10 account for expenses necessary for the 2.11 normal operation of the court for which 2.12 no other reimbursement is provided. 2.13 Subd. 3. Civil Legal Services 2.14 4,507,000 4,507,000 2.15 This appropriation is for legal service 2.16 to low-income clients and for family 2.17 farm legal assistance under Minnesota 2.18 Statutes, section 480.242. Any 2.19 unencumbered balance remaining in the 2.20 first year does not cancel but is 2.21 available for the second year of the 2.22 biennium. A qualified legal services 2.23 program, as defined in Minnesota 2.24 Statutes, section 480.24, subdivision 2.25 3, may provide legal services to 2.26 persons eligible for family farm legal 2.27 assistance under Minnesota Statutes, 2.28 section 480.242. 2.29 Subd. 4. Family Law Legal 2.30 Services 2.31 877,000 877,000 2.32 This appropriation is to improve the 2.33 access of low-income clients to legal 2.34 representation in family law matters 2.35 and must be distributed under Minnesota 2.36 Statutes, section 480.242, to the 2.37 qualified legal services programs 2.38 described in Minnesota Statutes, 2.39 section 480.242, subdivision 2, 2.40 paragraph (a). Any unencumbered 2.41 balance remaining in the first year 2.42 does not cancel and is available for 2.43 the second year of the biennium. 2.44 Subd. 5. State Court Administrators 2.45 7,400,000 7,335,000 2.46 Subd. 6. Community Dispute Resolution 2.47 245,000 245,000 2.48 Subd. 7. Law Library Operations 2.49 1,729,000 1,744,000 2.50 Sec. 3. COURT OF APPEALS 5,814,000 5,832,000 2.51 Sec. 4. DISTRICT COURTS 65,523,000 65,523,000 2.52 Sec. 5. BOARD OF JUDICIAL 3.1 STANDARDS 210,000 212,000 3.2 Sec. 6. TAX COURT 592,000 592,000 3.3 Sec. 7. PRIVATE DETECTIVE AND 3.4 PROTECTIVE AGENTS SERVICES BOARD 102,000 115,000 3.5 Sec. 8. BOARD OF PEACE OFFICER 3.6 STANDARDS AND TRAINING 4,144,0000 4,152,000 3.7 This appropriation is from the peace 3.8 officers training account in the 3.9 special revenue fund. Any funds 3.10 deposited into the peace officers 3.11 training account in the special revenue 3.12 fund in excess of $4,144,000 in fiscal 3.13 year 1996 must be transferred and 3.14 credited to the general fund. Any 3.15 funds deposited into the peace officers 3.16 training account in the special revenue 3.17 fund in excess of $4,152,000 in fiscal 3.18 year 1997 must be transferred and 3.19 credited to the general fund. 3.20 $280,000 in the first year and $279,000 3.21 in the second year are to reallocate 3.22 funds from local assistance grants to 3.23 the board's operating budget for staff 3.24 and related costs. 3.25 $25,000 in the first year is for a 3.26 computer study to determine the board's 3.27 needs for automation. 3.28 $1,000,000 in the first year and 3.29 $1,000,000 in the second year are for 3.30 grants to higher education institutions 3.31 providing post-secondary law 3.32 enforcement education programs. 3.33 Sec. 9. PUBLIC DEFENSE BOARD 3.34 Subdivision 1. Total 3.35 Appropriation 37,218,000 37,184,000 3.36 None of this appropriation shall be 3.37 used to pay for lawsuits against public 3.38 agencies or public officials to change 3.39 social or public policy. 3.40 The amounts that may be spent from this 3.41 appropriation for each program are 3.42 specified in the following subdivisions. 3.43 Subd. 2. State Public Defender 3.44 2,712,000 2,681,000 3.45 Subd. 3. District Public Defense 3.46 31,461,000 31,462,000 3.47 $904,000 each year is for grants to the 3.48 five existing public defense 3.49 corporations under Minnesota Statutes, 3.50 section 611.216. 3.51 Subd. 4. Public Defense Board 3.52 745,000 741,000 4.1 Subd. 5. Governor's Recommended Increase 4.2 2,300,000 2,300,000 4.3 These appropriations are for the costs 4.4 relating to the 1994 Juvenile Justice 4.5 Bill, Laws 1994, chapter 576. 4.6 Subd. 6. Transfers 4.7 The board of public defense may 4.8 transfer unencumbered balances among 4.9 the programs specified in this section 4.10 after notifying the commissioner of 4.11 finance. The transfer must be reported 4.12 immediately to the committee on finance 4.13 of the senate and the house of 4.14 representatives ways and means 4.15 committee. 4.16 Sec. 10. CORRECTIONS 278,780,000 293,117,000 4.17 The amounts appropriated for each 4.18 program are described in the following 4.19 subdivisions. 4.20 Subdivision 1. Correctional 4.21 Institutions 4.22 183,702,000 191,621,000 4.23 For the biennium ending June 30, 1997, 4.24 and notwithstanding Minnesota Statutes, 4.25 section 243.51, the commissioner of 4.26 corrections may enter into agreements 4.27 with the appropriate officials of any 4.28 state, political subdivision, or the 4.29 United States, for housing prisoners in 4.30 Minnesota correctional facilities. 4.31 Money received under the agreements is 4.32 appropriated to the commissioner for 4.33 correctional purposes. 4.34 Subd. 2. Community Services 4.35 73,366,000 76,684,000 4.36 $6,000,000 in the first year and 4.37 $9,000,000 in the second year are for a 4.38 statewide caseload reduction grant 4.39 program. The commissioner shall 4.40 develop guidelines for the distribution 4.41 of these funds among all correctional 4.42 authorities in the state. The 4.43 guidelines shall provide for the 4.44 establishment and use of uniform 4.45 definitions, shall give priority to the 4.46 reduction of high risk offender 4.47 caseloads at both the state and local 4.48 level, and may require recipients of 4.49 funds to report on the expenditure and 4.50 results achieved. 4.51 $6,750,000 each year is provided for an 4.52 Extended Jurisdiction Juvenile (EJJ) 4.53 Partnership grant program to assist 4.54 local units of government to deal with 4.55 the costs of programming EJJ offenders 4.56 at the local level. The commissioner 4.57 shall develop guidelines for the 4.58 distribution, utilization, and 5.1 reporting on the use of these funds. 5.2 The guidelines shall require the return 5.3 of grant funds to the state in case 5.4 jurisdiction of an EJJ is given or 5.5 returned to the state. 5.6 Subd. 3. Management Services 5.7 21,712,000 24,812,000 5.8 When awarding grants for victim 5.9 programs and services, the commissioner 5.10 shall give priority to geographic areas 5.11 that are unserved or underserved by 5.12 programs or services. 5.13 Subd. 4. Transfers 5.14 The commissioner of corrections may 5.15 transfer unencumbered balances among 5.16 the programs specified in this section 5.17 after getting the approval of the 5.18 commissioner of finance. The 5.19 commissioner of finance shall not 5.20 approve a transfer unless the 5.21 commissioner believes that it will 5.22 carry out the intent of the 5.23 legislature. The commissioner of 5.24 corrections must report any transfers 5.25 immediately to the committee on finance 5.26 of the senate and the house of 5.27 representatives ways and means 5.28 committee. 5.29 Sec. 11. CORRECTIONS OMBUDSMAN 596,000 599,000 5.30 Sec. 12. SENTENCING GUIDELINES 5.31 COMMISSION 367,000 367,000 5.32 Sec. 13. [UNCODIFIED LANGUAGE.] 5.33 All uncodified language contained in this article expires 5.34 on June 30, 1997, unless a different expiration is explicit. 5.35 Sec. 14. Minnesota Statutes 1994, section 626.861, 5.36 subdivision 4, is amended to read: 5.37 Subd. 4. [PEACE OFFICERS TRAINING ACCOUNT.](a)Receipts 5.38 from penalty assessments must be credited to a peaceofficer5.39 officers training account in the special revenue fund.The5.40peace officers standards and training board shall make the5.41following allocations from appropriated funds, net of operating5.42expenses:5.43(1) for fiscal year 1994:5.44(i) at least 25 percent for reimbursement to board-approved5.45skills courses; and5.46(ii) at least 13.5 percent for the school of law5.47enforcement;6.1(2) for fiscal year 1995:6.2(i) at least 17 percent to the community college system for6.3one-time start-up costs associated with the transition to an6.4integrated academic program;6.5(ii) at least eight percent for reimbursement to6.6board-approved skills courses in the technical college system;6.7and6.8(iii) at least 13.5 percent for the school of law6.9enforcement.6.10The balance in each year may be used to pay each local unit6.11of government an amount in proportion to the number of licensed6.12peace officers and constables employed, at a rate to be6.13determined by the board. The disbursed amount must be used6.14exclusively for reimbursement of the cost of in-service training6.15required under this chapter and chapter 214.6.16(b)The board must not reduce allocations to law 6.17 enforcement agencies or higher education systems or institutions 6.18 to fundlegal costs orother board-operating expensesnot6.19presented in the board's biennial legislative budget6.20requestexcept as authorized by the legislature. 6.21(c) No school in Minnesota certified by the board shall6.22provide a nondegree professional peace officer education program6.23for any state agency or local law enforcement agency after6.24December 31, 1994, without affirmative legislative approval.