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 Centreshall 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 JanuaryMarch 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 commissionerchallenge 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 correctionsstate 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.