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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1988 

                        CHAPTER 505-H.F.No. 2039 
           An act relating to corrections; making various 
          housekeeping and technical changes; amending Minnesota 
          Statutes 1986, sections 260.311, subdivisions 1, 2, 3, 
          and 5; 401.01, subdivision 2; and 401.04.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 260.311, 
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 juvenile 
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 juvenile 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 probation services to county 
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) two or more county courts or county court districts 
when two or more counties offer probation services the district 
court through their the county boards may appoint common 
salaried county probation officers to serve in the several 
counties; 
    (3) a county or county court a district court 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 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 county district court, the probation 
officers and other employees displaced by the changeover may 
shall be given preference in employment employed 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;  
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 employee relations 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 employee relations, who may uphold the decision, 
extend the probation period, or certify the employee.  The 
decision of the commissioner of employee relations 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. 
    Sec. 2.  Minnesota Statutes 1986, section 260.311, 
subdivision 2, is amended to read:  
    Subd. 2.  [SUFFICIENCY OF SERVICES.] Probation services 
shall be sufficient in amount to meet the needs of the 
county district court in each county.  County probation officers 
serving county district courts in all counties of not more than 
200,000 population shall also, pursuant to subdivision 3, 
provide probation and parole services to wards of the 
commissioner of corrections resident in their counties.  To 
provide these probation services counties containing a city of 
10,000 or more population shall, as far as practicable, have one 
probation officer for not more than 35,000 population; in 
counties that do not contain a city of such size, the 
commissioner of corrections shall, after consultation with the 
chief judge of the county district court and the county 
commissioners and in the light of experience, establish 
probation districts to be served by one officer. 
    All probation officers appointed for any county district 
court or community corrections agency shall be selected from a 
list of eligible candidates who have minimally qualified 
according to the same or equivalent examining procedures as used 
by the commissioner of employee relations to certify eligibles 
to the commissioner of corrections in appointing parole agents, 
and the department of employee relations shall furnish the names 
of such candidates on request.  This subdivision shall not apply 
to a political subdivision having a civil service or merit 
system unless the subdivision elects to be covered by this 
subdivision. 
    Sec. 3.  Minnesota Statutes 1986, section 260.311, 
subdivision 3, is amended to read:  
    Subd. 3.  [POWERS AND DUTIES.] All county probation 
officers serving county courts a district court shall act under 
the orders of the court in reference to any person committed to 
their care by the court, and in the performance of their duties 
shall have the general powers of a peace officer; and it shall 
be their duty to make such investigations with regard to any 
person as may be required by the court before, during, or after 
the trial or hearing, and to furnish to the court such 
information and assistance as may be required; to take charge of 
any person before, during or after trial or hearing when so 
directed by the court, and to keep such records and to make such 
reports to the court as the court may order. 
    All county probation officers serving county courts a 
district court shall, in addition, provide probation and parole 
services to wards of the commissioner of corrections resident in 
the counties they serve, and shall act under the orders of said 
commissioner of corrections in reference to any ward committed 
to their care by the commissioner of corrections. 
    All probation officers serving county courts a district 
court shall, under the direction of the authority having power 
to appoint them, initiate programs for the welfare of persons 
coming within the jurisdiction of the court to prevent 
delinquency and crime and to rehabilitate within the community 
persons who come within the jurisdiction of the court and are 
properly subject to efforts to accomplish prevention and 
rehabilitation.  They shall, under the direction of the court, 
cooperate with all law enforcement agencies, schools, child 
welfare agencies of a public or private character, and other 
groups concerned with the prevention of crime and delinquency 
and the rehabilitation of persons convicted of crime and 
delinquency. 
    All probation officers serving county courts a district 
court shall make monthly and annual reports to the commissioner 
of corrections, on forms furnished by the commissioner, 
containing such information on number of cases cited to the 
juvenile division of district court, offenses, adjudications, 
dispositions, and related matters as may be required by the 
commissioner of corrections. 
    Sec. 4.  Minnesota Statutes 1986, 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 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 county 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 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.  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. 
    Sec. 5.  Minnesota Statutes 1986, section 401.01, 
subdivision 2, is amended to read:  
    Subd. 2.  [DEFINITIONS.] (a) For the purposes of sections 
401.01 to 401.16, the following terms shall have the meanings 
given them:  
    (b) "Commissioner" means the commissioner of corrections or 
a designee;  
    (c) "Conditional release" means parole, supervised release, 
work release as authorized by sections 241.26 and 244.065, and 
includes probation;  
    (d) "Joint board" means the board provided in section 
471.59.; 
     (e) "Local correctional service" means those services 
authorized by and employees, officers, and agents appointed 
under section 260.311, subdivision 1. 
    Sec. 6.  Minnesota Statutes 1986, section 401.04, is 
amended to read:  
    401.04 [ACQUISITION OF PROPERTY; SELECTION OF 
ADMINISTRATIVE STRUCTURE; EMPLOYEES.] 
    Any county or group of counties electing to come within the 
provisions of sections 401.01 to 401.16 may (a) acquire by any 
lawful means, including purchase, lease or transfer of custodial 
control, the lands, buildings and equipment necessary and 
incident to the accomplishment of the purposes of sections 
401.01 to 401.16, (b) determine and establish the administrative 
structure best suited to the efficient administration and 
delivery of the correctional services described in section 
401.01, and (c) employ a director and other officers, employees 
and agents as deemed necessary to carry out the provisions of 
sections 401.01 to 401.16.  To the extent that participating 
counties shall assume and take over state and local correctional 
services presently provided in counties, employment shall be 
given to those state and local officers, employees and agents 
thus displaced; if hired by a county, employment shall, to the 
extent possible and notwithstanding the provisions of any other 
law or ordinance to the contrary, be deemed a transfer in grade 
with all of the benefits enjoyed by such officer, employee or 
agent while in the service of the state or local correctional 
service. 
    State or local employees displaced by county participation 
in the subsidy program provided by this chapter are on layoff 
status and, if not hired by a participating county as provided 
herein, may exercise their rights under layoff procedures 
established by law or union agreement whichever is applicable. 
    State or local officers and employees displaced by a 
county's participation in the community corrections act and 
hired by the participating county shall retain all fringe 
benefits and recall from layoff benefits accrued by seniority 
and enjoyed by them while in the service of the state.  
     Sec. 7.  [EFFECTIVE DATE.] 
    Section 1, paragraph (a), clause (4), is effective 
retroactive to January 1, 1987. 
    Approved April 13, 1988