SF 4530

as introduced - 91st Legislature (2019 - 2020) Posted on 05/01/2020 09:44am

A bill for an act
relating to public safety; modifying certain provisions relating to sexual assault
examination kits, background checks, and Board of Public Defense; appropriating
money for the supreme court, corrections, sentencing guidelines, and public safety;
transferring funds to disaster contingency account; amending Minnesota Statutes
2018, sections 244.19, subdivision 5; 299C.106, subdivision 3, by adding
subdivisions; 299C.46, subdivision 3; 611.27, subdivisions 9, 10, 11, 13, 15;
Minnesota Statutes 2019 Supplement, section 477A.03, subdivision 2b; proposing
coding for new law in Minnesota Statutes, chapter 299A.

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

ARTICLE 1

APPROPRIATIONS

Section 1. new text begin APPROPRIATIONS. new text end

new text begin The sums shown in the column under "Appropriations" are added to the appropriations
in Laws 2019, First Special Session chapter 5, to the agencies and for the purposes specified
in this article. The appropriations are from the general fund, or another named fund, and
are available for the fiscal year indicated for each purpose.
new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2020 new text end		new text begin 2021 new text end

Sec. 2. new text begin SUPREME COURT new text end

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

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 4,500,000 new text end

new text begin Subd. 2. new text end new text begin Competitive Grant Program for Courthouse Safety and Security new text end

new text begin -0- new text end

new text begin 1,000,000 new text end

new text begin This appropriation is for a competitive grant
program established by the chief justice for
the distribution of safe and secure courthouse
fund grants to governmental entities
responsible for providing or maintaining a
courthouse or other facility where court
proceedings are held. Grant recipients must
provide a 50 percent nonstate match. This is
a onetime appropriation and is available until
June 30, 2023.
new text end

new text begin Subd. 3. new text end new text begin Cyber Security for the State's Court System new text end

new text begin -0- new text end

new text begin 3,500,000 new text end

new text begin This appropriation is for a cyber security
system. The base for this appropriation is
$1,750,000 in fiscal year 2022 and $1,750,000
in fiscal year 2023.
new text end

Sec. 3. new text begin CORRECTIONS new text end

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

new text begin $ new text end

new text begin 1,208,000 new text end

new text begin $ new text end

new text begin 23,138,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

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

new text begin 481,000 new text end

new text begin 12,669,000 new text end

new text begin (a) Safety in State Correctional Facilities new text end

new text begin $5,050,000 in fiscal year 2021 is to address
safety concerns in state correctional facilities
including initiatives to update data collection
processes in correctional facilities, purchase
and maintain body cameras for use by security
staff, and purchase and install badge scanners
in multiple locations in each facility. The base
for this appropriation is $7,050,000 in fiscal
year 2022 and $4,000,000 in fiscal year 2023.
new text end

new text begin $200,000 in fiscal year 2021 is to fund studies
related to offender classification, security
staffing levels, and the infrastructure and
physical plants of the St. Cloud and Stillwater
facilities. This is a onetime appropriation.
new text end

new text begin (b) Corrections Overtime and Staffing new text end

new text begin $481,000 in fiscal year 2020 and $9,888,000
in fiscal year 2021 is for additional
compensation costs, including overtime. The
base for this appropriation is $12,338,000 in
fiscal year 2022 and $12,338,000 in fiscal year
2023.
new text end

new text begin (c) Prison Population Reduction new text end

new text begin A base reduction of $2,469,000 in fiscal year
2021 is for an anticipated reduction in state
prison beds needed by using community-based
alternatives for supervision revocations. The
base reduction is $4,938,000 in fiscal year
2022 and $7,407,000 in fiscal year 2023.
new text end

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

new text begin 543,000 new text end

new text begin 9,483,000 new text end

new text begin (a) Safety in State Correctional Facilities new text end

new text begin $150,000 in fiscal year 2021 is to expand the
Department of Correction's inspection and
enforcement unit. The base for this
appropriation is $300,000 in fiscal year 2022
and $300,000 in fiscal year 2023.
new text end

new text begin (b) Investments in Community Supervision Partners new text end

new text begin $3,925,000 in fiscal year 2021 is added to the
Community Corrections Act subsidy, under
Minnesota Statutes, section 401.14. The base
for this appropriation is $4,911,000 in fiscal
year 2022 and $4,911,000 in fiscal year 2023.
new text end

new text begin $310,000 in fiscal year 2021 is for county
probation officer reimbursement, under
Minnesota Statutes, section 244.19,
subdivision 6.
new text end

new text begin $205,000 in fiscal year 2020 and $430,000 in
fiscal year 2021 is to provide offender
supervision services in Meeker and Renville
counties. These expenditures must be offset
by revenue to the general fund collected under
Minnesota Statutes, section 244.19,
subdivision 5.
new text end

new text begin $422,000 in fiscal year 2021 is to increase
Department of Correction's offender
supervision. The base for this appropriation
is $844,000 in fiscal year 2022 and $844,000
in fiscal year 2023.
new text end

new text begin $2,613,000 in fiscal year 2021 is to establish
county and regional revocation intervention
service centers for offenders who would
otherwise be returned to prison. The base for
this appropriation is $5,100,000 in fiscal year
2022 and $5,100,000 in fiscal year 2023.
new text end

new text begin $365,000 in fiscal year 2021 is for cognitive
behavioral treatment, for community-based
sex offender treatment, and to increase housing
alternatives for offenders under community
supervision. The base for this appropriation
is $730,000 in fiscal year 2022 and $730,000
in fiscal year 2023.
new text end

new text begin (c) Corrections Overtime and Staffing new text end

new text begin $338,000 in fiscal year 2020 and $1,268,000
in fiscal year 2021 is for additional
compensation costs, including overtime.
new text end

new text begin Subd. 4. new text end new text begin Operations Support new text end

new text begin 184,000 new text end

new text begin 986,000 new text end

new text begin (a) Safety in State Correctional Facilities new text end

new text begin $250,000 in fiscal year 2021 is for leadership
training. The base for this appropriation is
$250,000 in fiscal year 2022 and $0 in fiscal
year 2023.
new text end

new text begin $150,000 in fiscal year 2021is to expand
employee support initiatives. The base for this
appropriation is $300,000 in fiscal year 2022
and $300,000 in fiscal year 2023.
new text end

new text begin (b) Corrections Overtime and Staffing new text end

new text begin $184,000 in fiscal year 2020 and $586,000 in
fiscal year 2021 is for additional compensation
costs, including overtime.
new text end

Sec. 4. new text begin SENTENCING GUIDELINES new text end

new text begin $ new text end

new text begin 8,000 new text end

new text begin $ new text end

new text begin 36,000 new text end

Sec. 5. new text begin PUBLIC SAFETY new text end

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

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 8,232,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Criminal Apprehension new text end

new text begin -0- new text end

new text begin 6,232,000 new text end

new text begin (a) Coordinated Crime and Threat Reporting new text end

new text begin $1,750,000 in fiscal year 2021 is for staff and
operating costs.
new text end

new text begin (b) Storage, Tracking, and Testing for Sexual Assault Examination Kits new text end

new text begin $3,096,000 in fiscal year 2021 is to pay for
the testing of unrestricted sexual assault
examination kits, storage of restricted kits, and
the development of an informational website
for sexual assault survivors to learn the status
of the testing of the survivor's individual
sexual assault examination kit. The base for
this appropriation is $2,067,000 in fiscal year
2022 and each year thereafter.
new text end

new text begin (c) Laboratory Capacity Enhancement to Combat Violent Crime new text end

new text begin $1,386,000 in fiscal year 2021 is for staffing
and operating costs to increase staff; provide
for training, supplies, and equipment; and
renovate space to enhance the capacity for
forensic testing to combat violent crime. The
base for this appropriation is $844,000 in fiscal
year 2022 and each year thereafter.
new text end

new text begin Subd. 3. new text end new text begin Office of Justice Programs new text end

new text begin -0- new text end

new text begin 2,000,000 new text end

new text begin Violence Prevention Grants new text end

new text begin $2,000,000 in fiscal year 2021 is appropriated
for violence prevention grants. Of this amount,
$1,500,000 is for community-based violent
crime prevention grants, $400,000 is for an
integrated gun violence response framework
grant, and $100,000 is for one violence
prevention coordinator position at the
Department of Public Safety. This is a onetime
appropriation.
new text end

Sec. 6. new text begin DISASTER CONTINGENCY ACCOUNT
new text end

new text begin $30,000,000 in fiscal year 2020 is transferred from the general fund to the commissioner
of public safety for deposit in the disaster assistance contingency account established under
Minnesota Statutes, section 12.221, subdivision 6. This is a onetime transfer.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

ARTICLE 2

POLICY

Section 1.

Minnesota Statutes 2018, section 244.19, subdivision 5, is amended to read:

Subd. 5.

Compensation.

In 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. 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 corrections. Total 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. 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 deposited in the general fund new text begin , and beginning July 1, 2020, amounts equivalent to
the reimbursement from counties for new or increased probation services are appropriated
from the general fund to the commissioner of corrections. The commissioner shall annually
report reimbursement amounts to the commissioner of management and budget 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. 2.

new text begin [299A.2961] COMMUNITY-BASED VIOLENT CRIME PREVENTION
GRANTS
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The commissioner of public safety may issue grants
through the Office of Justice Programs to local units of government, including cities, counties,
townships, and tribal governments, and community-based organizations that focus on
strategies designed to impact and address violent crime in their communities.
new text end

new text begin Subd. 2. new text end

new text begin Eligible recipients. new text end

new text begin (a) An eligible grant recipient must serve geographic areas
that are underserved or have high rates of violent crime and demonstrate involvement by
members of the community served in the planning, implementation, and evaluation of
violence prevention strategies.
new text end

new text begin (b) An eligible grant recipient must demonstrate prior experience or organizational
capacity to design and implement community-based strategies that will lead to reductions
in violent crime.
new text end

new text begin Subd. 3. new text end

new text begin Eligible expenditures. new text end

new text begin Strategies must include but are not limited to a minimum
of one of the following focus areas:
new text end

new text begin (1) prevention strategies that focus on preventing violence through education,
trauma-informed services, and improved social conditions in the community;
new text end

new text begin (2) intervention strategies that focus on interrupting the retaliatory patterns of violent
crime in communities most impacted by violence; and
new text end

new text begin (3) enforcement strategies that focus on the identification of individuals, groups, or areas
where acts of violence are prevalent in the community and must be done in partnership with
a community-based organization or local law enforcement entity.
new text end

Sec. 3.

new text begin [299A.2962] GUN VIOLENCE PREVENTION FRAMEWORK GRANT
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The commissioner of public safety may issue a grant to
develop a metropolitan area model for a gun violence response framework that may be used
by local criminal justice agencies and advocacy programs throughout the state.
new text end

new text begin Subd. 2. new text end

new text begin Eligible recipients. new text end

new text begin (a) A collaboration between a public health department
from a city of the first class, a joint county and city public health agency, and a
community-based social services agency must implement an integrated regional
capacity-building gun violence response framework. The collaboration must select one
entity to act as the grant recipient and fiscal agent.
new text end

new text begin (b) Proposals must focus on the following items: (1) developing protocols, procedures,
and programming for gun violence responses from community-based organizations, law
enforcement, prosecutors, probation officers, district courts, victim advocates, social services
providers, and other identified intervenors; (2) developing an information gathering and
dissemination plan for intervenors; and (3) developing training curricula for intervenors.
new text end

new text begin Subd. 3. new text end

new text begin Eligible expenditures. new text end

new text begin The collaboration may contract with outside
organizations to assist with the duties to be performed under this project. These contracts,
regardless of the monetary limit or nature of the contract, shall be subject to municipal
bidding procedures or be awarded through the city's request for proposal process.
new text end

new text begin Subd. 4. new text end

new text begin Report. new text end

new text begin The collaboration shall report to the chairs and ranking minority
members of the senate and house of representatives committees having jurisdiction over
criminal justice funding and policy describing the model for a gun violence response
framework.
new text end

Sec. 4.

Minnesota Statutes 2018, section 299C.106, subdivision 3, is amended to read:

Subd. 3.

Submission new text begin and storage new text end of deleted text begin unrestricted deleted text end sexual assault examination deleted text begin kit deleted text end new text begin
kits new text end .

new text begin (a) new text end Within 60 days of receiving an unrestricted sexual assault examination kit, a law
enforcement agency shall submit the kit for testing to a forensic laboratory deleted text begin , unless the law
enforcement agency deems the result of the kit would not add evidentiary value to the case.
If a kit is not submitted during this time, the agency shall make a record, in consultation
with the county attorney, stating the reasons why the kit was not submitted. Restricted sexual
assault examination kits shall not be submitted for testing deleted text end . new text begin The testing laboratory shall return
unrestricted sexual assault examination kits to the submitting agency for storage after testing
is complete. The submitting agency must store unrestricted sexual assault examination kits
indefinitely.
new text end

new text begin (b) Within 60 days of a hospital preparing a restricted sexual assault examination kit or
a law enforcement agency receiving a restricted sexual assault examination kit from a
hospital, the hospital or the agency shall submit the kit to the Bureau of Criminal
Apprehension. The bureau shall store all restricted sexual assault examination kits collected
by law enforcement agencies in the state. The bureau shall retain a restricted sexual assault
examination kit for at least 30 months from the date the bureau receives the kit.
new text end

Sec. 5.

Minnesota Statutes 2018, section 299C.106, is amended by adding a subdivision
to read:

new text begin Subd. 3a. new text end

new text begin Uniform consent form. new text end

new text begin The superintendent of the Bureau of Criminal
Apprehension shall develop a uniform sexual assault examination kit consent form. The
form must clearly explain the differences between designating a kit as unrestricted or
restricted. In developing and designing the consent form, the superintendent must consult
with hospital administrators, sexual assault nurse examiners, the Minnesota Coalition Against
Sexual Assault, and other stakeholders. The uniform consent form shall be widely distributed
to law enforcement agencies, medical providers, and other stakeholders. The superintendent
must make the form available on the bureau's website.
new text end

Sec. 6.

Minnesota Statutes 2018, section 299C.106, is amended by adding a subdivision
to read:

new text begin Subd. 3b. new text end

new text begin Web database requirement. new text end

new text begin The commissioner, in consultation with the
commissioner of administration, must maintain a website with a searchable database
providing sexual assault victims with information on the status of their individual sexual
assault examination kit. The superintendent must strictly control access to the database to
protect the privacy of the victims' data.
new text end

Sec. 7.

Minnesota Statutes 2018, section 299C.46, subdivision 3, is amended to read:

Subd. 3.

Authorized use, fee.

(a) The criminal justice data communications network
shall be used exclusively by:

(1) criminal justice agencies in connection with the performance of duties required by
law;

(2) agencies investigating federal security clearances of individuals for assignment or
retention in federal employment with duties related to national security, as required by
United States Code, title 5, section 9101;

(3) other agencies to the extent necessary to provide for protection of the public or
property in a declared emergency or disaster situation;

(4) noncriminal justice agencies statutorily mandated, by state or national law, to conduct
checks into state databases prior to disbursing licenses or providing benefits;

(5) the public authority responsible for child support enforcement in connection with
the performance of its duties;

(6) the public defender, as provided in section 611.272;

(7) a county attorney or the attorney general, as the county attorney's designee, for the
purpose of determining whether a petition for the civil commitment of a proposed patient
as a sexual psychopathic personality or as a sexually dangerous person should be filed, and
during the pendency of the commitment proceedings;

(8) an agency of the state or a political subdivision whose access to systems or services
provided from or through the bureau is specifically authorized by federal law or regulation
or state statute; and

(9) a court for access to data as authorized by federal law or regulation or state statute
and related to the disposition of a pending case.

(b) The commissioner of public safety shall establish a monthly network access charge
to be paid by each participating criminal justice agency. The network access charge shall
be a standard fee established for each terminal, computer, or other equipment directly
addressable by the data communications network, as follows: January 1, 1984 to December
31, 1984, $40 connect fee per month; January 1, 1985 and thereafter, $50 connect fee per
month.

(c) The commissioner of public safety is authorized to arrange for the connection of the
data communications network with the criminal justice information system of the federal
government, any state, or country for the secure exchange of information for any of the
purposes authorized in paragraph (a), clauses (1), (2), (3), (8) and (9).

(d) Prior to establishing a secure connection, a criminal justice agency that is not part
of the Minnesota judicial branch must:

(1) agree to comply with all applicable policies governing access to, submission of or
use of the data and Minnesota law governing the classification of the data;

(2) meet the bureau's security requirements;

(3) agree to pay any required fees; and

(4) conduct fingerprint-based state and national background checks on its employees
and contractors as required by the Federal Bureau of Investigation.

(e) Prior to establishing a secure connection, a criminal justice agency that is part of the
Minnesota judicial branch must:

(1) agree to comply with all applicable policies governing access to, submission of or
use of the data and Minnesota law governing the classification of the data to the extent
applicable and with the Rules of Public Access to Records of the Judicial Branch promulgated
by the Minnesota Supreme Court;

(2) meet the bureau's security requirements;

(3) agree to pay any required fees; and

(4) conduct fingerprint-based state and national background checks on its employees
and contractors as required by the Federal Bureau of Investigation.

(f) Prior to establishing a secure connection, a noncriminal justice agency must:

(1) agree to comply with all applicable policies governing access to, submission of or
use of the data and Minnesota law governing the classification of the data;

(2) meet the bureau's security requirements;

(3) agree to pay any required fees; and

(4) conduct fingerprint-based state and national background checks on its employees
and contractors.

(g) Those noncriminal justice agencies that do not have a secure network connection
yet receive data either retrieved over the secure network by an authorized criminal justice
agency or as a result of a state or federal criminal history records check shall conduct a
background check as provided in paragraph (h) deleted text begin of deleted text end new text begin on new text end those individuals who receive and
review the data to determine another individual's eligibility for employment, housing, a
license, or another legal right dependent on a statutorily mandated background check new text begin and
on any contractor with access to the results of a federal criminal history records check new text end .

(h) The background check required by paragraph (f) or (g) is accomplished by submitting
a request to the superintendent of the Bureau of Criminal Apprehension that includes a
signed, written consent for the Minnesota and national criminal history records check,
fingerprints, and the required fee. The superintendent may exchange the fingerprints with
the Federal Bureau of Investigation for purposes of obtaining the individual's national
criminal history record information.

The superintendent shall return the results of the national criminal history records check to
the noncriminal justice agency to determine if the individual is qualified to have access to
state and federal criminal history record information or the secure network. An individual
is disqualified when the state and federal criminal history record information show any of
the disqualifiers that the individual will apply to the records of others.

When the individual is to have access to the secure network, the noncriminal justice agency
shall review the criminal history of each employee or contractor with the Criminal Justice
Information Services systems officer at the bureau, or the officer's designee, to determine
if the employee or contractor qualifies for access to the secure network. The Criminal Justice
Information Services systems officer or the designee shall make the access determination
based on Federal Bureau of Investigation policy and Bureau of Criminal Apprehension
policy.

Sec. 8.

Minnesota Statutes 2019 Supplement, section 477A.03, subdivision 2b, is amended
to read:

Subd. 2b.

Counties.

(a) For aids payable in 2018 and 2019, the total aid payable under
section 477A.0124, subdivision 3, is $103,795,000, of which $3,000,000 shall be allocated
as required under Laws 2014, chapter 150, article 4, section 6. For aids payable in 2020,
the total aid payable under section 477A.0124, subdivision 3, is $116,795,000, of which
$3,000,000 shall be allocated as required under Laws 2014, chapter 150, article 4, section
6. For aids payable in 2021 through 2024, the total aid payable under section 477A.0124,
subdivision 3, is $118,795,000, of which $3,000,000 shall be allocated as required under
Laws 2014, chapter 150, article 4, section 6. For aids payable in 2025 and thereafter, the
total aid payable under section 477A.0124, subdivision 3, is $115,795,000. deleted text begin Each calendar
year deleted text end new text begin On or before the first installment date provided in section 477A.015, paragraph (a) new text end ,
$500,000 of this appropriation shall be deleted text begin retained deleted text end new text begin transferred each year new text end by the commissioner
of revenue to deleted text begin make reimbursements to the commissioner of management and budget deleted text end new text begin the
Board of Public Defense new text end for deleted text begin payments made deleted text end new text begin the payment of services new text end under section 611.27.
deleted text begin The reimbursements shall be to defray the additional costs associated with court-ordered
counsel under section 611.27. deleted text end Any deleted text begin retained deleted text end new text begin transferred new text end amounts not deleted text begin used for reimbursement deleted text end new text begin
expended or encumbered new text end in a new text begin fiscal new text end year new text begin shall be certified by the Board of Public Defense
to the commissioner of revenue on or before October 1 and new text end shall be included in the next
deleted text begin distribution deleted text end new text begin certification new text end of county need aid deleted text begin that is certified to the county auditors for the
purpose of property tax reduction for the next taxes payable year deleted text end .

(b) For aids payable in 2018 and 2019, the total aid under section 477A.0124, subdivision
4, is $130,873,444. For aids payable in 2020, the total aid under section 477A.0124,
subdivision 4, is $143,873,444. For aids payable in 2021 and thereafter, the total aid under
section 477A.0124, subdivision 4, is $145,873,444. The commissioner of revenue shall
transfer to the commissioner of management and budget $207,000 annually for the cost of
preparation of local impact notes as required by section 3.987, and other local government
activities. The commissioner of revenue shall transfer to the commissioner of education
$7,000 annually for the cost of preparation of local impact notes for school districts as
required by section 3.987. The commissioner of revenue shall deduct the amounts transferred
under this paragraph from the appropriation under this paragraph. The amounts transferred
are appropriated to the commissioner of management and budget and the commissioner of
education respectively.

Sec. 9.

Minnesota Statutes 2018, section 611.27, subdivision 9, is amended to read:

Subd. 9.

Request for other appointment of counsel.

The chief district public defender
deleted text begin with the approval of deleted text end new text begin may request that new text end the state public defender deleted text begin may request that the chief
judge of the district court, or a district court judge designated by the chief judge, deleted text end authorize
appointment of counsel other than the district public defender in such cases.

Sec. 10.

Minnesota Statutes 2018, section 611.27, subdivision 10, is amended to read:

Subd. 10.

Addition of permanent staff.

The chief public defender may not request deleted text begin the
court deleted text end nor may the deleted text begin court order deleted text end new text begin state public defender approve new text end the addition of permanent staff
under subdivision 7.

Sec. 11.

Minnesota Statutes 2018, section 611.27, subdivision 11, is amended to read:

Subd. 11.

Appointment of counsel.

If the deleted text begin court deleted text end new text begin state public defender new text end finds that the
provision of adequate legal representation, including associated services, is beyond the
ability of the district public defender to provide, the deleted text begin court shall order deleted text end new text begin state public defender
may approve new text end counsel to be appointed, with compensation and expenses to be paid under
the provisions of this subdivision and subdivision 7. Counsel in such cases shall be appointed
by the chief district public defender. deleted text begin If the court issues an order denying the request, the
court shall make written findings of fact and conclusions of law. Upon denial, the chief
district public defender may immediately appeal the order denying the request to the court
of appeals and may request an expedited hearing.
deleted text end

Sec. 12.

Minnesota Statutes 2018, section 611.27, subdivision 13, is amended to read:

Subd. 13.

Correctional facility inmates.

All billings for services rendered and ordered
under subdivision 7 shall require the approval of the chief district public defender before
being forwarded deleted text begin on a monthly basis deleted text end to the state public defender. In cases where adequate
representation cannot be provided by the district public defender and where counsel has
been deleted text begin appointed under a court order deleted text end new text begin approved by the state public defender new text end , the deleted text begin state public
defender deleted text end new text begin Board of Public Defense new text end shall deleted text begin forward to the commissioner of management and
budget deleted text end new text begin pay new text end all deleted text begin billings for deleted text end services deleted text begin rendered under the court order. The commissioner shall
pay for services deleted text end from county program aid deleted text begin retained deleted text end new text begin transferred new text end by the commissioner of
revenue for that purpose under section 477A.03, subdivision 2b, paragraph (a).

The costs of appointed counsel and associated services in cases arising from new criminal
charges brought against indigent inmates who are incarcerated in a Minnesota state
correctional facility are the responsibility of the state Board of Public Defense. In such cases
the state public defender may follow the procedures outlined in this section for obtaining
court-ordered counsel.

Sec. 13.

Minnesota Statutes 2018, section 611.27, subdivision 15, is amended to read:

Subd. 15.

Costs of transcripts.

In appeal cases and postconviction cases where the
appellate public defender's office does not have sufficient funds to pay for transcripts and
other necessary expenses because it has spent or committed all of the transcript funds in its
annual budget, the deleted text begin state public defender may forward to the commissioner of management
and budget all billings for transcripts and other necessary expenses. The commissioner shall deleted text end new text begin
Board of Public Defense may new text end pay for these transcripts and other necessary expenses from
county program aid deleted text begin retained deleted text end new text begin transferred new text end by the commissioner of revenue for that purpose
under section 477A.03, subdivision 2b, paragraph (a).