SF 2120

as introduced - 94th Legislature (2025 - 2026) Posted on 03/28/2025 09:42am

A bill for an act
relating to community supervision; appropriating money for community
supervision; amending Minnesota Statutes 2024, section 401.10, subdivision 1.

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

Section 1.

Minnesota Statutes 2024, section 401.10, subdivision 1, is amended to read:

Subdivision 1.

Community supervision funding formula.

(a) Beginning July 1, 2023,
the community supervision subsidy paid to each county, the commissioner for supervision
of non-CCA jurisdictions served by the Department of Corrections, and each applicable
Tribal Nation under paragraph (e) equals the sum of:

(1) a base funding amount equal to $150,000; and

(2) a community supervision formula equal to the sum of:

deleted text begin (i) for each individual with a felony sentence, a felony per diem rate of $5.62 multiplied
by the sum of the county's or Tribal Nation's adult felony population, adult supervised
release and parole populations, and juvenile supervised release and parole populations as
reported in the most recent probation survey published by the commissioner, multiplied by
365; and
deleted text end

deleted text begin (ii) for each individual sentenced for a gross misdemeanor or misdemeanor or under
juvenile probation, the felony per diem rate of $5.62 multiplied by 0.5 and then multiplied
by the sum of the county's or Tribal Nation's gross misdemeanor, misdemeanor, and juvenile
populations as reported in the most recent probation survey published by the commissioner,
multiplied by 365.
deleted text end

new text begin (i) for individuals with a felony sentence, the felony per diem rate of $5.62 shall be
multiplied by the average total population over the three most recent years, as reported in
the probation surveys published by the commissioner. This population includes the county
or Tribal Nation's adult felony population, adult supervised release population, adult parole
population, and juvenile supervised release population. The resulting amount shall then be
multiplied by 365 to calculate the total annual allocation; and
new text end

new text begin (ii) for individuals sentenced for a gross misdemeanor, misdemeanor, or under juvenile
probation, the felony per diem rate of $5.62 shall be multiplied by 0.5, and then multiplied
by the average total population over the three most recent years, as reported in the probation
surveys published by the commissioner. This population includes the county or Tribal
Nation's gross misdemeanor population, misdemeanor population, and juvenile probation
population. The resulting amount shall then be multiplied by 365 to calculate the total annual
allocation.
new text end

(b) For a non-CCA jurisdiction under section 244.19, subdivision 1b, paragraph (b) or
(c), the base funding amount must be shared equally between the jurisdiction and the
commissioner for the provision of felony supervision under section 244.20.

(c) If in any year the total amount appropriated for the purpose of this section is more
than or less than the total of base funding plus community supervision formula funding for
all counties and applicable Tribal Nations, the sum of each county's and applicable Tribal
Nation's base funding plus community supervision formula funding is adjusted by the ratio
of amounts appropriated for this purpose divided by the total of base funding plus community
supervision formula funding for all counties and applicable Tribal Nations.

(d) If in any year the base funding plus the community supervision formula amount
based on what was appropriated in fiscal year 2024 is less than the funding paid to the
county in fiscal year 2023, the difference is added to the community supervision formula
amount for that county. A county is not eligible for additional funding under this paragraph
unless the base funding plus community supervision formula results in an increase in funding
for the county based on what was appropriated in the previous fiscal year. This paragraph
expires June 30, 2029.

(e) For each Tribal Nation, a funding amount of $250,000 is allotted annually to purchase
probation services or probation-related services, including contracted services, but a Tribal
Nation that becomes a CCA jurisdiction or a non-CCA jurisdiction under section 244.19,
subdivision 1b, paragraph (b) or (c), is an applicable Tribal Nation under paragraphs (a) to
(c) and:

(1) has the Tribal Nation's funding amount of $250,000 transferred to the total community
supervision subsidy amount appropriated for the purposes of this section; and

(2) is allotted a base funding amount equal to $150,000 plus an amount as determined
according to the community supervision formula under paragraph (a), clause (2).

(f) Minnesota Rehabilitation and Reinvestment Act savings under section 244.50,
subdivision 4, clause (2), are appropriated to each CCA jurisdiction and non-CCA jurisdiction
served by the Department of Corrections by dividing the three-year average of the number
of individuals on supervised release and intensive supervised release within the jurisdiction
by the three-year average of the total number of individuals under supervised release and
intensive supervised release statewide, using the numbers reported annually in the Probation
Survey report.

Sec. 2. new text begin APPROPRIATION; COMMUNITY SUPERVISION FUNDING.
new text end

new text begin $12,662,000 in fiscal year 2026 is appropriated from the general fund to the commissioner
of corrections for distribution under the probation funding formula established in Minnesota
Statutes, section 401.10. This appropriation is intended to fully fund the formula as calculated
using the capitated rates and population estimates provided under that section. This
appropriation is added to the Department of Corrections base.
new text end