SF 2348

as introduced - 88th Legislature (2013 - 2014) Posted on 03/06/2014 04:14pm

A bill for an act
relating to public safety; implementing probation single funding; amending
Minnesota Statutes 2012, sections 244.19, subdivisions 6, 7; 244.20; 401.10,
subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 244.

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

Section 1.

Minnesota Statutes 2012, section 244.19, subdivision 6, is amended to read:

Subd. 6.

deleted text begin Reimbursement of deleted text end new text begin Payment to new text end counties.

deleted text begin 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 deleted text end new text begin Each county or group of counties that provides
probation services to the district court under subdivision 1, paragraph (a), clause (1) or
(2), shall be paid a share of the county's community supervision aid as determined by the
formula in section 244.192, subdivision 1. Aid new text end shall not be deleted text begin reimbursed deleted text end new text begin paid new text end 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. deleted text begin 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. deleted text end new text begin For counties that obtain probation services from the commissioner
of corrections under subdivision 1, paragraph (a), clause (3), the county's share of the
community supervision aid as determined by the formula in section 244.192, subdivision 1,
shall be used to offset the costs of services provided by the department under subdivision 5.
new text end

Sec. 2.

Minnesota Statutes 2012, section 244.19, subdivision 7, is amended to read:

Subd. 7.

deleted text begin Certificate of counties entitled to state aid deleted text end new text begin Installment payments new text end .

deleted text begin 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 draw a warrant in favor of 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 warrant to the county treasurer together with a
copy of the certificate prepared by the commissioner of corrections. deleted text end new text begin For each county or
group of counties that provides probation services to the district court under subdivision 1,
paragraph (a), clause (1) or (2), the commissioner of corrections shall make payments for
probation 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.
new text end

Sec. 3.

new text begin [244.192] COMMUNITY SUPERVISION FORMULA.
new text end

new text begin Subdivision 1. new text end

new text begin Aid calculations. new text end

new text begin (a) The commissioner of corrections must apply
the formula in this subdivision to determine the community supervision funding amount to
be allocated to each county.
new text end

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

new text begin (1) 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;
new text end

new text begin (2) the statewide total number of felony case filings occurring within the county, as
determined by the state court administrator;
new text end

new text begin (3) the statewide total number of juvenile case filings occurring within the county, as
determined by the state court administrator;
new text end

new text begin (4) the statewide total number of gross misdemeanor case filings occurring within
the county, as determined by the state court administrator; and
new text end

new text begin (5) the statewide total number of convicted felony offenders who did not receive
an executed prison sentence, as monitored and reported by the Sentencing Guidelines
Commission.
new text end

new text begin The percents in clauses (2) to (5) must be calculated by combining the most recent
three-year period of available data. The percents in clauses (1) to (5) each must sum to
100 percent across the 87 counties.
new text end

new text begin (c) For each of the 87 counties, the county's percents in paragraph (b), clauses (1) to
(5), 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 paragraph (b), clauses (1)
to (5), is 1.0. The composite need percent must sum to 100 percent across the 87 counties.
new text end

new text begin (d) 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.
new text end

new text begin (e) 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."
new text end

new text begin (f) 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."
new text end

new text begin (g) Each county's weighted need percent is the county's "share percent." The share
percents for all counties must sum to 100 percent.
new text end

new text begin (h) Each county's "base funding amount" is the total aid amount that the county
received under sections 244.19, subdivision 6 and 401.10; for the caseload and workload
reduction grant; for the felony caseload reduction grant; for the sex offender supervision
grant; and funds allocated by the Department of Corrections for providing services to the
county under section 244.20 for fiscal year 2015, as reported by the commissioner of
corrections. In fiscal year 2016 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
paragraph (i).
new text end

new text begin (i) The "aggregate base funding amount" is equal to the sum of the base funding
amounts for all counties.
new text end

new text begin (j) In any given year, the total amount appropriated for this purpose first must be
allocated to 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
counties in proportion to each county's share percent and is referred to as the county's
"formula amount."
new text end

new text begin (k) Each county's "community supervision aid amount" equals the sum of:
new text end

new text begin (1) the county's base funding amount; and
new text end

new text begin (2) the county's formula amount.
new text end

new text begin (l) 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 supervision aid amount is the product of:
new text end

new text begin (1) the county's base funding amount; multiplied by
new text end

new text begin (2) the ratio of the total amount appropriated to the aggregate base funding amount.
new text end

new text begin (m) 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.
new text end

new text begin (n) For counties organized for the provision of probation services or contracting with
the Department of Corrections as provided in section 244.19, the community supervision
aid amount shall be divided by the commissioner of corrections according to a formula
developed by the commissioner in consultation with the Minnesota Association of County
Probation Officers. The formula must be based on standardized county corrections agency
annual client entry data, sorted by selected offenses and averaged over a three-year period.
The data must include all adult and juvenile probation supervision; pretrial supervision;
and supervised diversion clients charged with selected offenses, convicted of the selected
offenses, or both. The selected offenses must be separated by offense severity levels to aid
in applying a weighting process to reflect the level of resources needed for the supervision
of the selected offenses.
new text end

new text begin Subd. 2. new text end

new text begin Ranking review. new text end

new text begin The commissioner shall biennially review the ranking
accorded each county by the equalization formula provided in this section and compute
the aid amount accordingly.
new text end

Sec. 4.

Minnesota Statutes 2012, section 244.20, is amended to read:

244.20 PROBATION SUPERVISION.

new text begin (a) new text end 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 new text begin , except those convicted under section 169A.24, participating in a
court-ordered diversion or specialty court program, or awaiting disposition of charges, new text end in
counties that do not take part in the Community Corrections Act. 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 new text begin or felony offenses
under section 169A.24, except those awaiting disposition of charges, new text end shall be discharged
according to local judicial policy.

new text begin (b) Funding for services provided by the Department of Corrections under this
section shall be determined by the formula in section 244.192, subdivision 1.
new text end

Sec. 5.

Minnesota Statutes 2012, section 401.10, subdivision 1, is amended to read:

Subdivision 1.

Aid calculations.

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, 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
during fiscal year 1995 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 in any
given year, 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, 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

For each participating county, the county's community deleted text begin corrections deleted text end new text begin supervision new text end aid
amount calculated in deleted text begin this subdivision deleted text end new text begin section 244.192, subdivision 1, new text end is the total amount
of subsidy to which the county is entitled under sections 401.01 to 401.16.

Sec. 6. new text begin REPORT.
new text end

new text begin (a) The formula developed under section 3, subdivision 1, paragraph (n), shall be
reported by the commissioner of corrections to the chairs and ranking minority members
of the senate and house of representatives committees and divisions with jurisdiction over
corrections finance by January 15, 2015.
new text end

new text begin (b) By January 15, 2018, the Department of Corrections and any interested county
organizations must review the formula developed in section 3, subdivision 1, paragraph
(n), and its application, and make recommendations to modify or replace the formula,
if needed, to the chairs and ranking minority members of the senate and house of
representatives committees and divisions with jurisdiction over corrections finance.
new text end