Minnesota Session Laws - 2000, Regular Session

                            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.