Office of the Revisor of Statutes
Minnesota Session Laws - 2000, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 299-S.F.No. 3330
An act relating to corrections; authorizing the
commissioner of corrections to establish and operate
alternative residential programs for juveniles;
deleting a reference to a closed correctional
facility; changing the data collection date for the
Interstate Compact for Supervision of Parolees and
Probationers Report; requiring an offender in phase II
of the challenge incarceration program to report to an
agent or program staff; requiring that pretrial
diversion reports prepared by county attorneys be
submitted to the state court administrator;
authorizing the commissioner of corrections to enter
into rental agreements for emergency housing;
appropriating money; amending Minnesota Statutes 1998,
sections 241.021, subdivision 4; 242.32, by adding a
subdivision; 242.55; 243.162, subdivision 3; 244.172,
subdivision 2; and 401.065, subdivision 4; Laws 1999,
chapter 216, article 1, section 13, subdivision 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1998, section 241.021,
subdivision 4, is amended to read:
Subd. 4. [HEALTH CARE.] The commissioner of corrections
shall provide professional health care to persons confined in
institutions under the control of the commissioner of
corrections and pay the costs of their care in hospitals and
other medical facilities not under the control of the
commissioner of corrections, including the secure treatment unit
operated by the St. Paul - Ramsey Hospital. All reimbursements
for these health care services shall be deposited in the general
fund. The commissioner of corrections is authorized to contract
with entities, including health care management companies, to
provide health care to inmates. With respect to these
contracts, these entities shall not be regulated as, or
otherwise considered to be, health plan companies as defined in
section 62Q.01, subdivision 4.
Sec. 2. Minnesota Statutes 1998, section 242.32, is
amended by adding a subdivision to read:
Subd. 1a. [ALTERNATIVE RESIDENTIAL PROGRAMS; FUNDING.] The
commissioner of corrections may establish and operate
alternative residential programs for juveniles. Programming is
available to court and social service agencies for placement of
juveniles to act as early intervention in juvenile crime. The
commissioner shall require participating state or federal
agencies and local units of government to pay the cost of the
program. Funds received by the commissioner for the cost of the
program from state and federal agencies and local units of
government under this subdivision must be deposited in the state
treasury and credited to a special account. Money in the
account is appropriated to the commissioner to fund the program.
Sec. 3. Minnesota Statutes 1998, section 242.55, is
amended to read:
242.55 [ACADEMIC PROGRAM.]
The academic program at the Minnesota correctional
facility-Red Wing and the Minnesota correctional facility-Sauk
Centre shall be conducted on a 12-month basis.
Sec. 4. Minnesota Statutes 1998, section 243.162,
subdivision 3, is amended to read:
Subd. 3. [REPORTS.] The commissioner of corrections shall
collect the data required under subdivision 2 for all years
beginning in 1990. The commissioner shall report to the
legislature by February 15, 1996, the data collected for years
1990 to 1995. The commissioner shall report data collected for
each subsequent year to the legislature by January March 15 of
each odd-numbered year.
Sec. 5. Minnesota Statutes 1998, section 244.172,
subdivision 2, is amended to read:
Subd. 2. [PHASE II.] Phase II of the program lasts at
least six months. The offender shall serve this phase of the
offender's sentence in an intensive supervision and surveillance
program established by the commissioner. The commissioner may
impose such requirements on the offender as are necessary to
carry out the goals of the program. Throughout phase II, the
offender must be required to submit to drug and alcohol tests
randomly or for cause, on demand of the supervising agent. The
commissioner shall also require the offender to report daily to
a day-reporting facility designated by the commissioner
challenge incarceration agent or program staff.
Sec. 6. Minnesota Statutes 1998, section 401.065,
subdivision 4, is amended to read:
Subd. 4. [REPORTS.] By January 1, 1995, and biennially
thereafter, each county attorney shall report to the department
of corrections state court administrator and the legislature on
the operation of a pretrial diversion program required by this
section. The report shall include a description of the program,
the number of offenders participating in the program, the number
and characteristics of the offenders who successfully complete
the program, the number and characteristics of the offenders who
fail to complete the program, and an evaluation of the program's
effect on the operation of the criminal justice system in the
county.
Sec. 7. Laws 1999, chapter 216, article 1, section 13,
subdivision 4, is amended to read:
Subd. 4. Community Services
Summary by Fund
General 95,327,000 97,416,000
Special Revenue 90,000 90,000
All money received by the commissioner
of corrections pursuant to the domestic
abuse investigation fee under Minnesota
Statutes, section 609.2244, is
available for use by the commissioner
and is appropriated annually to the
commissioner of corrections for costs
related to conducting the
investigations.
$500,000 the first year and $500,000
the second year are for increased
funding for intensive community
supervision.
$1,500,000 the first year and
$3,500,000 the second year are for a
statewide probation and supervised
release caseload and workload reduction
grant program. Counties that deliver
correctional services through Minnesota
Statutes, chapter 244, and that qualify
for new probation officers under this
program shall receive full
reimbursement for the officers'
salaries and reimbursement for the
officers' benefits and support as set
forth in the probations standards task
force report, not to exceed $70,000 per
officer annually. Positions funded by
this appropriation may not supplant
existing services. Position control
numbers for these positions must be
annually reported to the commissioner
of corrections.
The commissioner shall distribute money
appropriated for state and county
probation officer caseload and workload
reduction, increased supervised release
and probation services, and county
probation officer reimbursement
according to the formula contained in
Minnesota Statutes, section 401.10.
These appropriations may not be used to
supplant existing state or county
probation officer positions or existing
correctional services or programs. The
money appropriated under this provision
is intended to reduce state and county
probation officer caseload and workload
overcrowding and to increase
supervision of individuals sentenced to
probation at the county level. This
increased supervision may be
accomplished through a variety of
methods, including, but not limited to:
(1) innovative technology services,
such as automated probation reporting
systems and electronic monitoring;
(2) prevention and diversion programs;
(3) intergovernmental cooperation
agreements between local governments
and appropriate community resources;
and
(4) traditional probation program
services.
By January 15, 2001, the commissioner
of corrections shall report to the
chairs and ranking minority members of
the senate and house committees and
divisions having jurisdiction over
criminal justice funding on the
outcomes achieved through the use of
state probation caseload reduction
appropriations made since 1995. The
commissioner shall, to the extent
possible, include an analysis of the
ongoing results relating to the
measures described in the uniform
statewide probation outcome measures
workgroup's 1998 report to the
legislature.
$150,000 each year is for a grant to
the Dodge-Fillmore-Olmsted community
corrections agency for a pilot project
to increase supervision of sex
offenders who are on probation,
intensive community supervision,
supervised release, or intensive
supervised release by means of caseload
reduction. The grant shall be used to
reduce the number of offenders
supervised by officers with specialized
caseloads to an average of 35
offenders. This is a one-time
appropriation. The grant recipient
shall report by January 15, 2002, to
the House and Senate committees and
divisions with jurisdiction over
criminal justice policy and funding on
the outcomes of the pilot project.
$175,000 the first year and $175,000
the second year are for county
probation officer reimbursements.
$50,000 the first year and $50,000 the
second year are for the emergency
housing initiative. The commissioner
of corrections may enter into rental
agreements per industry standards for
emergency housing.
$150,000 the first year and $150,000
the second year are for probation and
supervised release services.
$250,000 the first year and $250,000
the second year are for increased
funding of the sentencing to service
program and for a housing coordinator
for the institution work crews in the
sentencing to serve program.
$25,000 the first year and $25,000 the
second year are for sex offender
transition programming.
$250,000 each year is for increased bed
capacity for work release offenders.
$50,000 each year is for programming
for adult female offenders.
The following amounts are one-time
appropriations for the statewide
productive day initiative program
defined in Minnesota Statutes, section
241.275:
$472,000 to the Hennepin county
community corrections agency;
$472,000 to the Ramsey county community
corrections agency;
$590,000 to the Arrowhead regional
community corrections agency;
$425,000 to the Dodge-Fillmore-Olmsted
community corrections agency;
$283,000 to the Anoka county community
corrections agency; and
$118,000 to the Tri-county (Polk,
Norman, and Red Lake) community
corrections agency.
$250,000 the first year and $250,000
the second year are for grants to
Dakota county for the community justice
zone pilot project described in article
2, section 24. This is a one-time
appropriation.
$230,000 the first year is for grants
related to restorative justice
programs. The commissioner may make
grants to fund new as well as existing
programs. This is a one-time
appropriation.
The money appropriated for restorative
justice program grants under this
subdivision may be used to fund the use
of restorative justice in domestic
abuse cases, except in cases where the
restorative justice process that is
used includes a meeting at which the
offender and victim are both present at
the same time. "Domestic abuse" has
the meaning given in Minnesota
Statutes, section 518B.01, subdivision
2.
$25,000 each year is for the juvenile
mentoring project. This is a one-time
appropriation.
Presented to the governor March 24, 2000
Signed by the governor March 28, 2000, 2:42 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes