SF 2188

2nd Engrossment - 91st Legislature (2019 - 2020) Posted on 05/08/2019 08:49am

A bill for an act
relating to corrections; authorizing county probation officers to supervise adult
felons; clarifying Department of Corrections billing to counties for juvenile
confinements; clarifying authority of Fugitive Apprehension Units to do general
law enforcement; repealing the special law for the Ramsey County Community
Corrections Department; establishing a local correctional officers discipline
procedures act; amending Minnesota Statutes 2018, sections 241.025, subdivisions
1, 2; 241.026, subdivisions 1, 2; 242.192; 244.19, subdivision 1; 244.20; proposing
coding for new law in Minnesota Statutes, chapter 641; repealing Minnesota
Statutes 2018, sections 383A.404; 401.13.

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

Section 1.

Minnesota Statutes 2018, section 241.025, subdivision 1, is amended to read:

Subdivision 1.

Authorization.

The commissioner of corrections may appoint peace
officers, as defined in section 626.84, subdivision 1, paragraph (c), who shall serve in the
classified service subject to the provisions of section 43A.01, subdivision 2, and establish
a law enforcement agency, as defined in section 626.84, subdivision 1, paragraph (f), known
as the Department of Corrections Fugitive Apprehension Unit, to perform the duties necessary
to make statewide arrests under sections 629.30 and 629.34. The jurisdiction of the law
enforcement agency is limited to the new text begin activities related to the new text end arrest of Department of
Corrections' discretionary and statutory released violators and Department of Corrections'
escapees. new text begin The Department of Corrections Fugitive Apprehension Unit may exercise general
law enforcement duties upon request for assistance from a law enforcement agency and is
subject to availability and resources of the Department of Corrections Fugitive Apprehension
Unit.
new text end

Sec. 2.

Minnesota Statutes 2018, section 241.025, subdivision 2, is amended to read:

Subd. 2.

Limitations.

The initial processing of a person arrested by the fugitive
apprehension unit for an offense deleted text begin within the agency's jurisdiction deleted text end is the responsibility of the
fugitive apprehension unit unless otherwise directed by the law enforcement agency with
primary jurisdiction. A subsequent investigation is the responsibility of the law enforcement
agency of the jurisdiction in which a new crime is committed.

Sec. 3.

Minnesota Statutes 2018, section 241.026, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) For purposes of this section, the terms defined in this
subdivision have the meanings given them.

(b) "Correctional officer" and "officer" mean a person employed by the state deleted text begin , deleted text end new text begin or new text end a state
correctional facility deleted text begin , or a local correctional or detention facility deleted text end in a security capacity.

(c) "Formal statement" means the questioning of an officer in the course of obtaining a
recorded, stenographic, or signed statement to be used as evidence in a disciplinary
proceeding against the officer.

Sec. 4.

Minnesota Statutes 2018, section 241.026, subdivision 2, is amended to read:

Subd. 2.

Applicability.

The procedures and provisions of this section apply to state deleted text begin and
local deleted text end correctional authorities.

Sec. 5.

Minnesota Statutes 2018, section 242.192, is amended to read:

242.192 CHARGES TO COUNTIES.

The commissioner shall charge counties or other appropriate jurisdictions 65 percent of
the per diem cost of confinement, excluding educational costs and nonbillable service, of
juveniles at the Minnesota Correctional Facility-Red Wing and of juvenile females committed
to the commissioner of corrections. This charge applies to juveniles committed to the
commissioner of corrections and juveniles admitted to the Minnesota Correctional
Facility-Red Wing under established admissions criteria. This charge applies to both counties
that participate in the Community Corrections Act and those that do not. The commissioner
shall determine the per diem cost of confinement based on projected population, pricing
incentives, new text begin and new text end market conditions deleted text begin , and the requirement that expense and revenue balance
out over a period of two years deleted text end . All money received under this section must be deposited in
the state treasury and credited to the general fund.

Sec. 6.

Minnesota Statutes 2018, 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 new text begin , and may provide additional adult felon probation services, new text end 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) all probation officers serving the juvenile courts on July 1, 1972, shall continue to
serve in the county or counties they are now serving.

(b) 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.

new text begin (c) State employees shall not be displaced by a county's election to provide probation
services under this subdivision.
new text end

Sec. 7.

Minnesota Statutes 2018, section 244.20, is amended to read:

244.20 PROBATION SUPERVISION.

deleted text begin Notwithstanding deleted text end new text begin Except as provided in new text end 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. 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.

Sec. 8.

new text begin [641.061] LOCAL CORRECTIONAL OFFICERS DISCIPLINE
PROCEDURES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the terms defined in this
subdivision have the meanings given them.
new text end

new text begin (b) "Correctional officer" or "officer" means a person employed in a security capacity
by a local correctional or detention facility.
new text end

new text begin (c) "Exclusive representative" means an employee organization which has been certified
by the commissioner of the Bureau of Mediation Services to meet and negotiate with an
employer on behalf of all employees in the appropriate unit.
new text end

new text begin (d) "Formal statement" means the questioning of an officer in the course of obtaining a
recorded, stenographic, or signed statement to be used as evidence in a disciplinary
proceeding against the officer.
new text end

new text begin Subd. 2. new text end

new text begin Applicability. new text end

new text begin This section applies to local correctional authorities.
new text end

new text begin Subd. 3. new text end

new text begin Formal statement; procedures. new text end

new text begin A formal statement of a correctional officer
must be taken according to subdivisions 4 to 15.
new text end

new text begin Subd. 4. new text end

new text begin Place of formal statement. new text end

new text begin A formal statement must be taken at a facility of
the employing or investigating agency or at a place agreed to by the investigating individual
and the investigated correctional officer and exclusive representative.
new text end

new text begin Subd. 5. new text end

new text begin Complaint. new text end

new text begin A correctional officer's formal statement may not be taken unless
a written complaint signed by the complainant stating the complainant's knowledge is filed
with the employing or investigating agency and the correctional officer and exclusive
representative have been given a summary of the allegations.
new text end

new text begin Subd. 6. new text end

new text begin Witnesses; investigative reports. new text end

new text begin Upon request, the investigating agency or
the correctional officer shall provide the other party with a list of witnesses the agency or
correctional officer expects to testify at an administrative hearing or arbitration authorized
to recommend, approve, or order discipline and the substance of the testimony. A party is
entitled to copies of any witness statements in the possession of the other party and an officer
is entitled to a copy of the investigating agency's investigative report, provided that any
references in a witness statement or investigative report that would reveal the identity of
confidential informants need not be disclosed except for good cause shown upon order of
the person presiding over the administrative hearing or arbitration.
new text end

new text begin Subd. 7. new text end

new text begin Sessions. new text end

new text begin Sessions at which a formal statement is taken must be of reasonable
duration and must give the correctional officer reasonable periods for rest and personal
necessities. When practicable, sessions must be held during the correctional officer's regularly
scheduled work shift. If the session is not held during the correctional officer's regularly
scheduled work shift, the correctional officer must be paid by the employing agency at the
officer's current compensation rate for time spent attending the session. Notification of a
formal statement must also be provided to the correctional officer's exclusive representative
and the exclusive representative shall be allowed to be present during the session.
new text end

new text begin Subd. 8. new text end

new text begin Record. new text end

new text begin A complete record of sessions at which a formal statement is taken
must be made by electronic recording or otherwise. A complete copy or transcript must be
provided to the correctional officer and the officer's exclusive representative without charge
or undue delay. The session may be recorded by the investigating officer and by the
correctional officer under investigation.
new text end

new text begin Subd. 9. new text end

new text begin Presence of attorney and union representative. new text end

new text begin The correctional officer
whose formal statement is taken has the right to have a union representative or an attorney
retained by the officer, or both, present during the session. The correctional officer may
request the presence of a union representative, attorney, or both, at any time before or during
the session. When a request under this subdivision is made, no formal statement may be
taken until a reasonable opportunity is provided for the correctional officer to obtain the
presence of a union representative or attorney.
new text end

new text begin Subd. 10. new text end

new text begin Admissions. new text end

new text begin Before an officer's formal statement is taken, the officer shall
be advised in writing or on the record that admissions made in the course of the formal
statement may be used as evidence of misconduct or as a basis for discipline.
new text end

new text begin Subd. 11. new text end

new text begin Disclosure of financial records. new text end

new text begin No employer may require an officer to
produce or disclose the officer's personal financial records except pursuant to a valid search
warrant or subpoena.
new text end

new text begin Subd. 12. new text end

new text begin Release of photographs. new text end

new text begin No local correctional facility or governmental unit
may publicly release photographs of an officer without the written permission of the officer,
except that the facility or unit may display a photograph of an officer to a prospective witness
as part of an agency or unit investigation.
new text end

new text begin Subd. 13. new text end

new text begin Disciplinary letter. new text end

new text begin No disciplinary letter or reprimand may be included in
an officer's personnel record unless the officer has been given a copy of the letter or
reprimand.
new text end

new text begin Subd. 14. new text end

new text begin Retaliatory action prohibited. new text end

new text begin No officer may be discharged, disciplined,
or threatened with discharge or discipline as retaliation for or solely by reason of the officer's
exercise of the rights provided by this section.
new text end

new text begin Subd. 15. new text end

new text begin Rights not reduced. new text end

new text begin The rights of officers provided by this section are in
addition to and do not diminish the rights and privileges of officers that are provided under
an applicable collective bargaining agreement or any other applicable law.
new text end

Sec. 9. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2018, sections 383A.404; and 401.13, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: S2188-2

383A.404 COMMUNITY CORRECTIONS DEPARTMENT.

Subdivision 1.

Establishment.

There is established, in Ramsey County, a Community Corrections Department in connection with the courts of the Second Judicial District. The department is in the charge of a director who shall be appointed by and serve at the pleasure of a Corrections Management Committee comprised of three judges of the Second Judicial District appointed by the chief judge of the district and three members of the board of county commissioners appointed by the chair of the board. The director shall have full authority and responsibility for the administration, operation, and supervision of all functions and services of the department, and shall carry out that authority and responsibility within the organizational structure and reporting relationship that is in accord with county board and judicial district administrative policies. Salary of the director shall be set by the county board of commissioners upon recommendation of the Corrections Management Committee.

Subd. 2.

Officers, employees.

The director may employ an assistant director, a superintendent, and assistant superintendent for each correctional facility in the county, and three principal assistants or division supervisors, all of whom shall serve at the pleasure of the director in the unclassified service. The director shall define the duties of these employees and may delegate powers, duties and responsibilities to them. Any officer or employee of the department shall exercise delegated powers under the control of and subject to conditions prescribed by the director. The salaries shall be set by the Ramsey County Board of Commissioners.

Subd. 3.

Office room and records.

Ramsey County shall provide the director and department personnel with suitable furnished office rooms, record books, stationery, postage, expenses of investigation and visitation ordered by the court, and the other actual expenses as are required for the proper execution of their duties.

Subd. 4.

Official attendance at court.

The director or a department person designated by the director shall be present in the juvenile court of the judge having chambers in the county at each regular session, and shall be present in the district court and any other court now or hereafter established in the county when so requested by a judge of that court.

Subd. 5.

Duties of department.

The duties of the department are:

(1) To supervise persons placed on probation by any of the judges of any of the courts of Ramsey County, to keep accurate records of this supervision, and to make reports thereon.

(2) To make investigations with regard to a child or person as may be ordered by the court before, during, or after the trial or hearing of the child or person, and shall furnish to the court the information, recommendations, and assistance as may be required.

(3) To inquire into the nature of every juvenile delinquency or criminal matter in any court where authorized to appear and have supervision of the child or person during the continuance or suspension of sentence or order of commitment, and in general, perform the acts with reference thereto as the court may direct. In the execution of official duties, the department personnel shall have all the power of a peace officer.

(4) To perform the duties required of probation officers by law, including but not limited to, chapter 260, and acts amendatory thereof, and the Criminal Code of 1963, and acts amendatory thereof.

(5) To provide for psychiatric, psychological, and medical diagnosis or services for a person when directed or ordered by a court of the county, or when the services are part of the probation and investigation process.

(6) To make collections of support money in divorce and other actions when ordered by a judge of a court of the county and to make collections of money and property when ordered to be paid as restitution or reimbursement and to turn over the money or property to the person or persons entitled thereto as directed by the court.

(7) To make investigations both as to custody and other matters and provide counseling in domestic relation cases as required and to exercise supervision over children and other persons in the cases that the court directs.

(8) To perform other duties for the protection of children and parents as a court of the county directs.

(9) To provide services as marital counseling, taking of wage assignments, financial reports, marriage consent investigations, and other duties as a court of the county directs.

(10) To make all necessary inquiries and prepare petitions for withdrawals from minor trust funds when directed by the judge of the district court.

(11) To perform other acts in relation to the above listed duties and any other services as the courts of the district direct.

Subd. 6.

Annual report.

The director shall report, annually, to the District Court of the Second Judicial District with reference to the conditions and disposition and other pertinent facts relative to the work of the department and shall furnish a copy of the report to the board of county commissioners, the commissioner of human services, and to the commissioner of corrections.

Subd. 7.

Salaries payable out of Ramsey County treasury.

All annual salaries for the Community Corrections Department shall be payable out of the Ramsey County treasury.

401.13 COSTS OF CONFINEMENT; PAYMENT.

Each participating county will be charged a sum equal to the actual per diem cost of confinement, excluding educational costs, of those juveniles committed to the commissioner and confined in a state correctional facility. The commissioner shall annually determine costs making necessary adjustments to reflect the actual costs of confinement. The commissioner of corrections shall bill the counties and deposit the receipts from the counties in the general fund. All charges shall be a charge upon the county of commitment.