Minnesota Session Laws - 1985, Regular Session

  

                         Laws of Minnesota 1985 

                        CHAPTER 220-S.F.No. 521 
           An act relating to corrections; authorizing the 
          commissioner of corrections to prescribe the 
          conditions under which persons on work release may 
          retain and expend their earnings; providing for inmate 
          contribution to funds for programs to aid victims of 
          crime; clarifying the provisions relating to the use 
          of force by correctional officers in preventing 
          escape; providing preference to county employees 
          displaced when counties change over and request 
          probation services for county courts from the state; 
          removing obsolete language; amending Minnesota 
          Statutes 1984, sections 241.26, subdivisions 1 and 5; 
          243.23, subdivision 3; 243.52; 260.311, subdivisions 1 
          and 5; 401.01, subdivision 1; 401.02, subdivisions 1 
          and 4; and 401.11. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 241.26, 
subdivision 1, is amended to read: 
    Subdivision 1.  [COMMISSIONER.] When consistent with the 
public interest and the public safety, the commissioner of 
corrections may conditionally release an inmate who is eligible 
and being considered for parole release under section 243.05, to 
work at paid employment, seek employment, or participate in a 
vocational training or educational program.  Release under this 
subdivision constitutes is an extension of the limits of 
confinement and each inmate so released shall be confined in the 
institution correctional facility from which released or in some 
other suitable place of confinement designated by the 
commissioner of corrections during the hours he is not employed, 
seeking employment, or engaged in a vocational training or 
educational program, or, if employed, seeking employment, or 
engaged in a vocational training or educational program, between 
the hours of such activity.  A reasonable allowance for travel 
time and meals shall be permitted. 
     Sec. 2.  Minnesota Statutes 1984, section 241.26, 
subdivision 5, is amended to read: 
    Subd. 5.  [EARNINGS; WORK RELEASE ACCOUNT.] The net 
earnings of each inmate participating in a the work release 
program provided by this section shall may be collected by or 
forwarded to the commissioner of corrections under rules 
established by him and deposited by the commissioner in the 
state treasury, to be credited to the "work release account," to 
the account of the inmate for deposit to the account of the 
inmate in the work release account in the state treasury, or the 
inmate may be permitted to collect, retain, and expend the net 
earnings from his or her employment under rules established by 
the commissioner of corrections.  The moneys collected by or 
forwarded to the commissioner under his or her rules shall 
remain under the control of the commissioner for the sole 
benefit of the inmate, subject to disbursement by the 
commissioner for the following purposes and in the following 
order.  Wages under the control of the commissioner and wages 
retained by the inmate may be disbursed by the commissioner or 
expended by the inmate for the following purposes and in the 
following order:  
    (1) The cost of the inmate's keep as determined by 
subdivision 7, which moneys shall be deposited in the general 
fund of the state treasury if the inmate is housed in a state 
correctional institution facility, or shall be paid to the 
appropriate city or county treasurer if the inmate is housed in 
a city or county facility directly to the place of confinement 
as designated by the commissioner pursuant to subdivision 1; 
    (2) Necessary travel expense to and from work and other 
incidental expenses of the inmate; 
    (3) Support of inmate's dependents, if any; 
    (4) Court-ordered restitution, if any;  
    (5) Contribution to any programs established by law to aid 
victims of crime, provided that the contribution must not be 
more than 20 percent of the inmate's gross wages;  
     (6) After the above expenditures, the inmate shall have 
discretion to direct payment of the balance, if any, upon proper 
proof of personal legal debts; 
    (6) (7) The balance, if any, shall be disbursed to the 
inmate as provided in section 243.24, subdivision 1. 
    All moneys in the "work release account" are appropriated 
annually to the commissioner of corrections for the purposes of 
the work release program. 
    Sec. 3.  Minnesota Statutes 1984, section 243.23, 
subdivision 3, is amended to read: 
    Subd. 3.  [EXCEPTIONS.] Notwithstanding sections 241.01, 
subdivision 8, 241.26, subdivision 5, and 243.24, subdivision 1, 
the commissioner shall may promulgate rules for the disbursement 
of funds earned under subdivision 1 and section 243.88, 
subdivision 2 for the support of families and dependent 
relatives of the respective inmates, for the payment of 
court-ordered restitution, contribution to any programs 
established by law to aid victims of crime, provided that the 
contribution shall not be more than 20 percent of an inmate's 
gross wages, and for the discharge of any legal obligations 
arising out of litigation under this subdivision.  An inmate of 
an adult correctional facility under the control of the 
commissioner is subject to actions for the enforcement of 
support obligations and reimbursement of any public assistance 
rendered the dependent family and relatives.  The commissioner 
may conditionally release an inmate who is a party to an action 
under this subdivision and provide for his detention in a local 
detention facility convenient to the place of the hearing when 
he is not engaged in preparation and defense. 
     Sec. 4.  Minnesota Statutes 1984, section 243.52, is 
amended to read: 
    243.52 [DISCIPLINE; PREVENTION OF ESCAPE.] 
    If any inmate of any state adult correctional facility 
assaults any officer, guard, or any other person or inmate, the 
assaulted person may defend himself by the use of force.  If any 
inmate attempts to damage the buildings or appurtenances, 
resists the lawful authority of any officer or guard, refuses to 
obey his reasonable demands, or attempts to escape, the officer 
or guard may enforce obedience and discipline or prevent escape 
by the use of force.  If any inmate resisting lawful authority 
is wounded or killed by the use of force by the officer, guard, 
or assistants, that conduct is authorized under this section. 
    As used in this section, "use of force" means conduct which 
is authorized defined by sections 609.06 to 609.066.  An officer 
or guard may use force in the same manner as authorized for 
peace officers under sections 609.06 to 609.066.  
     Sec. 5.  Minnesota Statutes 1984, section 260.311, 
subdivision 1, is amended to read: 
    Subdivision 1.  [APPOINTMENT; JOINT SERVICES; STATE 
SERVICES.] If a county or group of counties has established a 
human services board pursuant to chapter 402, the juvenile court 
may appoint one or more 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 juvenile court shall appoint one or more 
persons of good character to serve as probation officers during 
the pleasure of the court.  All other counties shall provide 
probation services to county courts in one of the following ways:
    (1) The court, with the approval of the county boards, may 
appoint one or more salaried probation officers to serve during 
the pleasure of the court; 
    (2) Two or more county courts or county court districts 
through their county boards may jointly appoint common salaried 
probation officers to serve in the several counties; 
    (3) A county or county court district may request the 
commissioner of corrections to furnish probation services to its 
county court or county court district in accordance with the 
provisions of this section, and the commissioner of corrections 
shall furnish such services to any county or county court 
district that fails to provide its own probation officer by one 
of the two procedures listed above; 
    (4) If a county or county court district providing 
probation services under clause (2) of this subdivision asks the 
commissioner of corrections to furnish probation services to the 
county court, the probation officers and other employees 
displaced by the changeover may be given preference in 
employment by the commissioner of corrections.  If employed by 
the commissioner, the employment, notwithstanding the provisions 
of other law to the contrary, is a transfer in grade with all of 
the benefits enjoyed by the employee while in the service of the 
county which do not exceed those provided for state civil 
service employees;  
     (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. 
     Sec. 6.  Minnesota Statutes 1984, section 260.311, 
subdivision 5, is amended to read: 
    Subd. 5.  [REIMBURSEMENT OF COUNTIES.] In order to 
reimburse the counties for the cost which they assume under Laws 
1959, Chapter 698, 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 herein shall be deemed to in this 
section will invalidate any payments to counties made pursuant 
to this section before the effective date of Laws 1963, Chapter 
694.  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 county court under 
subdivision 1, clause (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 shall not be reimbursed 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.  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.  
     Sec. 7.  Minnesota Statutes 1984, section 401.01, 
subdivision 1, is amended to read: 
    Subdivision 1.  For the purpose of more effectively 
protecting society and to promote efficiency and economy in the 
delivery of correctional services, the commissioner is hereby 
authorized to make grants to assist counties in the development, 
implementation, and operation of community based corrections 
programs including, but not limited to preventive or 
diversionary correctional programs, probation, parole, 
conditional release programs, community corrections centers, and 
facilities for the detention or confinement, care and treatment 
of persons convicted of crime or adjudicated delinquent.  
     Sec. 8.  Minnesota Statutes 1984, section 401.02, 
subdivision 1, is amended to read: 
    Subdivision 1.  [QUALIFICATION OF COUNTIES.] One or more 
contiguous counties, having an aggregate population of 30,000 or 
more persons or comprising all the counties within a region 
designated pursuant to sections 462.381 to 462.396 or sections 
473.122 to 473.249, situated within the same region designated 
pursuant to sections 462.381 to 462.396, or sections 473.122 to 
473.249, may qualify for a grant as provided in section 401.01 
by the enactment of appropriate resolutions creating and 
establishing a corrections advisory board, designating the 
officer or agency to be responsible for administering grant 
funds, and providing for the preparation of a comprehensive plan 
for the development, implementation and operation of the 
correctional services described in section 401.01, including the 
assumption of those correctional services, other than the 
operation of state facilities, presently provided in such 
counties by the department of corrections, and providing for 
centralized administration and control of those correctional 
services described in section 401.01. 
    Where counties combine as authorized in this section, they 
shall comply with the provisions of section 471.59. 
    Sec. 9.  Minnesota Statutes 1984, section 401.02, 
subdivision 4, is amended to read: 
    Subd. 4.  [DETAINING PROBATIONER OR PAROLEE PERSON ON 
CONDITIONAL RELEASE.] Probation officers serving the district, 
county, municipal and juvenile courts of counties participating 
in the subsidy program established by this chapter may, without 
order or warrant, when it appears necessary to prevent escape or 
enforce discipline, take and detain a probationer, or any person 
on conditional release from confinement and bring him before the 
court or the commissioner of corrections respectively, for 
appropriate action by the court or the commissioner of 
corrections or his designee, whichever is appropriate, for 
disposition.  No probationer or other person on conditional 
release shall be detained more than 72 hours, exclusive of legal 
holidays, Saturdays and Sundays, pursuant to this subdivision 
without being provided with the opportunity for a hearing before 
the court or the commissioner of corrections or his designee.  
When providing supervision and other correctional services to 
persons conditionally released pursuant to sections 241.26, 
242.19, 243.05, 243.16, 244.05, and 244.065, including 
intercounty transfer of probation cases persons on conditional 
release, and the conduct of presentence investigations, 
participating counties shall comply with the policies and 
procedures relating thereto as prescribed by the commissioner of 
corrections.  
     Sec. 10.  Minnesota Statutes 1984, section 401.11, is 
amended to read: 
    401.11 [ITEMS INCLUDED IN PLAN PURSUANT TO REGULATION.] 
    The comprehensive plan submitted to the commissioner for 
his approval shall include those items prescribed by regulation 
of the commissioner, which may require the inclusion of the 
following:  (a) the manner in which presentence and postsentence 
investigations and reports for the district courts and social 
history reports for the juvenile courts will be made; (b) the 
manner in which probation and parole conditional release 
services to the courts and persons under jurisdiction of the 
commissioner of corrections will be provided; (c) a program for 
the detention, supervision and treatment of persons under 
pre-trial detention or under commitment; (d) delivery of other 
correctional services defined in section 401.01; (e) proposals 
for new programs, which proposals must demonstrate a need for 
the program, its purpose, objective, administrative structure, 
staffing pattern, staff training, financing, evaluation process, 
degree of community involvement, client participation and 
duration of program. 
    In addition to the foregoing requirements made by this 
section, each participating county or group of counties shall be 
required to develop and implement a procedure for the review of 
grant applications made to the corrections advisory board and 
for the manner in which corrections advisory board action shall 
will be taken thereon on them.  A description of this 
procedure shall must be made available to members of the public 
upon request. 
     Sec. 11.  [EFFECTIVE DATE.] 
     Sections 1 to 10 are effective the day following final 
enactment. 
    Approved May 23, 1985