HF 5216

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/02/2024 11:53am

A bill for an act
relating to public safety; providing for funding and related policy changes to the
Department of Public Safety, Department of Corrections, and the Clemency Review
Commission; appropriating money; amending Minnesota Statutes 2022, sections
299A.73, subdivision 4; 609.02, by adding a subdivision; Minnesota Statutes 2023
Supplement, sections 244.41, subdivisions 6, 14, by adding a subdivision; 244.46,
subdivisions 1, 2; 299A.49, subdivisions 8, 9; 401.10, subdivision 1; 609A.06,
subdivision 2; 638.09, subdivision 5; Laws 2023, chapter 52, article 2, sections 3,
subdivision 5; 6, subdivisions 1, 4; article 8, section 20, subdivision 3; Laws 2023,
chapter 63, article 5, section 5.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

APPROPRIATIONS

Section 1. APPROPRIATIONS.

The sums shown in the columns marked "Appropriations" are added to or, if shown in
parentheses, subtracted from the appropriations in Laws 2023, chapter 52, article 2, to the
agencies and for the purposes specified in this article. The appropriations are from the
general fund, or another named fund, and are available for the fiscal years indicated for
each purpose. The figures "2024" and "2025" used in this article mean that the addition to
or subtraction from the appropriation listed under them is available for the fiscal year ending
June 30, 2024, or June 30, 2025, respectively. "The first year" is fiscal year 2024. "The
second year" is fiscal year 2025. Supplemental appropriations and reductions to
appropriations for the fiscal year ending June 30, 2024, are effective the day following final
enactment.

			APPROPRIATIONS
			Available for the Year
			Ending June 30
				2024		2025

Sec. 2. PUBLIC SAFETY

Subdivision 1. Total Appropriation

$

-0-

$

10,000,000

The amounts that may be spent for each
purpose are specified in the following
subdivisions.

Subd. 2. Crime Victim Services

-0-

10,000,000

For grants for direct services and advocacy
for crime victims. Up to five percent of the
appropriation is available for grant
administration. This is a onetime
appropriation.

Sec. 3. CORRECTIONS

Subdivision 1. Total Appropriation

$

5,900,000

$

2,000,000

The amounts that may be spent for each
purpose are specified in the following
subdivisions.

Subd. 2. Facility Operation

5,900,000

2,000,000

For the operation of correctional facilities. The
base for this appropriation is $7,110,000
beginning in fiscal year 2026.

Sec. 4. CLEMENCY REVIEW COMMISSION

$

-0-

$

986,000

Of this amount, $200,000 in the second year
is for grants to support outreach and clemency
application assistance.

Sec. 5.

Laws 2023, chapter 52, article 2, section 3, subdivision 5, is amended to read:

Subd. 5. Fire Marshal

17,013,000

17,272,000

Appropriations by Fund
General	4,184,000	4,190,000
Special Revenue	12,829,000	13,082,000

The special revenue fund appropriation is from
the fire safety account in the special revenue
fund and is for activities under Minnesota
Statutes, section 299F.012. The base
appropriation for this account is $13,182,000
in fiscal year 2026 and $13,082,000 in fiscal
year 2027.

(a) Hazardous Materials and Emergency
Response Teams

$1,695,000 the first year and $1,595,000 the
second year are from the fire safety account
for hazardous materials and emergency
response teams. The base for these purposes
is $1,695,000 in the first year of future biennia
and $1,595,000 in the second year of future
biennia.

(b) Bomb Squad Reimbursements

$250,000 from the fire safety account and
$50,000 from the general fund each year are
for reimbursements to local governments for
bomb squad services.

(c) Nonresponsible Party Reimbursements

$750,000 each year from the fire safety
account is for nonresponsible party hazardous
material, Urban Search and Rescue, Minnesota
Air Rescue Team, and bomb squad incident
reimbursements. Money appropriated for this
purpose is available for one year.

(d) Hometown Heroes Assistance Program

$4,000,000 each year from the general fund
is for grants to the Minnesota Firefighter
Initiative to fund the hometown heroes
assistance program established in Minnesota
Statutes, section 299A.477.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 6.

Laws 2023, chapter 52, article 2, section 6, subdivision 1, is amended to read:

Subdivision 1. Total Appropriation

$

12,643,000

$

797,937,000

$

826,661,000 825,675,000

The amounts that may be spent for each
purpose are specified in the following
subdivisions.

Sec. 7.

Laws 2023, chapter 52, article 2, section 6, subdivision 4, is amended to read:

Subd. 4. Organizational, Regulatory, and Administrative Services

73,586,000

74,287,000 73,301,000

(a) Public Safety Data Infrastructure

$22,914,000 the first year and $22,915,000
the second year are for technology
modernization and the development of an
information-sharing and data-technology
infrastructure. The base for this purpose is
$4,097,000 beginning in fiscal year 2026. Any
unspent funds from the current biennium do
not cancel and are available in the next
biennium.

(b) Supervised Release Board

$40,000 each year is to establish and operate
the supervised release board pursuant to
Minnesota Statutes, section 244.049.

(c) Recruitment and Retention

$3,200,000 the first year and $400,000 the
second year are for recruitment and retention
initiatives. Of this amount, $2,800,000 the first
year is for staff recruitment, professional
development, conflict resolution, and staff
wellness, and to contract with community
collaborative partners who specialize in trauma
recovery.

(d) Clemency Review Commission

$986,000 each year in the first year is for the
clemency review commission described in
Minnesota Statutes, section 638.09. Of this
amount, $200,000 each year is for grants to
support outreach and clemency application
assistance. Any unencumbered balance
remaining in the first year does not cancel, but
must be transferred to the Clemency Review
Commission by July 1, 2024. Funds
transferred under this paragraph are available
until June 30, 2025.

(e) Accountability and Transparency

$1,000,000 each year is for accountability and
transparency initiatives. The base for this
appropriation is $1,480,000 beginning in fiscal
year 2026.

(f) Organizational, Regulatory, and
Administrative Services Base Budget

The base for organizational, regulatory, and
administrative services is $55,849,000
$54,863,000 in fiscal year 2026 and
$55,649,000 $54,663,000 in fiscal year 2027.

ARTICLE 2

PUBLIC SAFETY

Section 1.

Minnesota Statutes 2023 Supplement, section 299A.49, subdivision 8, is
amended to read:

Subd. 8.

State emergency response asset.

"State emergency response asset" means any
team or teams defined under this section and that has entered into a contractual agreement
with the State Fire Marshal Division.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 2.

Minnesota Statutes 2023 Supplement, section 299A.49, subdivision 9, is amended
to read:

Subd. 9.

Urban search and rescue team (USAR) (US&R).

"Urban search and rescue
team" or "USAR" "US&R" means a team trained and equipped to respond to and carry out
rescue and recovery operations at the scene of a collapsed structure. A USAR team may
include strategically located fire department assets combined under one joint powers
agreement multihazard discipline that involves the location, extrication, and initial medical
stabilization of victims trapped or missing because of a man-made or natural disaster.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 3.

Minnesota Statutes 2022, section 299A.73, subdivision 4, is amended to read:

Subd. 4.

Administrative costs.

The commissioner may use up to two ten percent of the
biennial appropriation for grants-in-aid to the youth intervention program to pay costs
incurred by the department in administering the youth intervention program.

EFFECTIVE DATE.

This section is effective the day following final enactment.

ARTICLE 3

CORRECTIONS

Section 1.

Minnesota Statutes 2023 Supplement, section 244.41, is amended by adding a
subdivision to read:

Subd. 3a.

Conditional release.

As used in sections 244.40 to 244.51, "conditional
release" has the meaning given in section 609.02, subdivision 18.

Sec. 2.

Minnesota Statutes 2023 Supplement, section 244.41, subdivision 6, is amended
to read:

Subd. 6.

Earned compliance credit.

"Earned compliance credit" means a one-month
reduction from the period during active supervision of the supervised release term for every
two months that a supervised individual exhibits compliance with the conditions and goals
of the individual's supervision plan. Earned compliance credit also applies to a conditional
release term.

Sec. 3.

Minnesota Statutes 2023 Supplement, section 244.41, subdivision 14, is amended
to read:

Subd. 14.

Supervision abatement status.

"Supervision abatement status" means an end
to active correctional supervision of a supervised individual without effect on the legal
expiration date of the individual's executed sentence less any earned incentive release credit
or the expiration date of a conditional release term.

Sec. 4.

Minnesota Statutes 2023 Supplement, section 244.46, subdivision 1, is amended
to read:

Subdivision 1.

Adopting policy for earned compliance credit; supervision abatement
status.

(a) The commissioner must adopt a policy providing for earned compliance credit.

(b) Except as otherwise provided in the act, once the time served on active supervision
plus earned compliance credits equals the total length of the supervised release term, the
commissioner must place the individual on supervision abatement status for the remainder
of the supervised release term and, if applicable, the conditional release term.

Sec. 5.

Minnesota Statutes 2023 Supplement, section 244.46, subdivision 2, is amended
to read:

Subd. 2.

Violating conditions of release; commissioner action.

If an individual violates
the conditions of release while on supervision abatement status, the commissioner may:

(1) return the individual to active supervision for the remainder of the supervised release
or conditional release term, with or without modifying the conditions of release; or

(2) revoke the individual's supervised release or conditional release in accordance with
section 244.05, subdivision 3.

Sec. 6.

Minnesota Statutes 2023 Supplement, section 401.10, subdivision 1, is amended
to read:

Subdivision 1.

Community supervision funding formula.

(a) Beginning July 1, 2023,
the community supervision subsidy paid to each county, the commissioner for supervision
of non-CCA jurisdictions served by the Department of Corrections, and each applicable
Tribal Nation under paragraph (e) equals the sum of:

(1) a base funding amount equal to $150,000; and

(2) a community supervision formula equal to the sum of:

(i) for each individual with a felony sentence, a felony per diem rate of $5.62 multiplied
by the sum of the county's or Tribal Nation's adult felony population, adult supervised
release and parole populations, and juvenile supervised release and parole populations as
reported in the most recent probation survey published by the commissioner, multiplied by
365; and

(ii) for each individual sentenced for a gross misdemeanor or misdemeanor or under
juvenile probation, the felony per diem rate of $5.62 multiplied by 0.5 and then multiplied
by the sum of the county's or Tribal Nation's gross misdemeanor, misdemeanor, and juvenile
populations as reported in the most recent probation survey published by the commissioner,
multiplied by 365.

(b) For a non-CCA jurisdiction under section 244.19, subdivision 1b, paragraph (b) or
(c), the base funding amount must be shared equally between the jurisdiction and the
commissioner for the provision of felony supervision under section 244.20.

(c) If in any year the total amount appropriated for the purpose of this section is more
than or less than the total of base funding plus community supervision formula funding for
all counties and applicable Tribal Nations, the sum of each county's and applicable Tribal
Nation's base funding plus community supervision formula funding is adjusted by the ratio
of amounts appropriated for this purpose divided by the total of base funding plus community
supervision formula funding for all counties and applicable Tribal Nations.

(d) If in any year the base funding plus the community supervision formula amount
based on what was appropriated in fiscal year 2024 is less than the funding paid to the
county in fiscal year 2023, the difference is added to the community supervision formula
amount for that county. A county is not eligible for additional funding under this paragraph
unless the base funding plus community supervision formula results in an increase in funding
for the county based on what was appropriated in the previous fiscal year. This paragraph
expires June 30, 2029.

(e) For each Tribal Nation, a funding amount of $250,000 is allotted annually to purchase
probation services or probation-related services, including contracted services, but a Tribal
Nation that becomes a CCA jurisdiction or a non-CCA jurisdiction under section 244.19,
subdivision 1b, paragraph (b) or (c), is an applicable Tribal Nation under paragraphs (a) to
(c) and:

(1) has the Tribal Nation's funding amount of $250,000 transferred to the total community
supervision subsidy amount appropriated for the purposes of this section; and

(2) is allotted a base funding amount equal to $150,000 plus an amount as determined
according to the community supervision formula under paragraph (a), clause (2).

(f) Minnesota Rehabilitation and Reinvestment Act savings under section 244.50,
subdivision (4), clause (2), are appropriated to each CCA jurisdiction and non-CCA
jurisdiction served by the Department of Corrections by dividing the three-year average of
the number of individuals on supervised release and intensive supervised release within the
jurisdiction by the three-year average of the total number of individuals under supervised
release and intensive supervised release statewide, using the numbers reported annually in
the Probation Survey report.

Sec. 7.

Minnesota Statutes 2022, section 609.02, is amended by adding a subdivision to
read:

Subd. 18.

Conditional release.

"Conditional release" means a court-ordered mandatory
term of community supervision as prescribed by sections 169A.276, subdivision 1, paragraph
(d) (first-degree DWI); 609.3455, subdivisions 6 and 7 (criminal sexual conduct); 243.166,
subdivision 5a (violating predatory offender registration requirements); 609.2231, subdivision
3a, paragraph (d) (assault on secure treatment facility staff); 617.246, subdivision 7 (use of
minors in sexual performances); and 617.247, subdivision 9 (possession of child
pornography). Conditional release is in addition to any applicable supervised release term.

Sec. 8.

Minnesota Statutes 2023 Supplement, section 609A.06, subdivision 2, is amended
to read:

Subd. 2.

Executive director.

(a) The governor must appoint the initial executive director
of the Cannabis Expungement Board. The executive director must be knowledgeable about
expungement law and criminal justice. The executive director serves at the pleasure of the
board in the unclassified service as an executive branch employee. Any vacancy shall be
filled by the board.

(b) The executive director's salary is set in accordance with section 15A.0815, subdivision
3.

(c) (b) The executive director may obtain office space and supplies and hire administrative
staff necessary to carry out the board's official functions, including providing administrative
support to the board and attending board meetings. Any additional staff serve in the classified
service.

(d) (c) At the direction of the board, the executive director may enter into interagency
agreements with the Department of Corrections or any other agency to obtain material and
personnel support necessary to carry out the board's mandates, policies, activities, and
objectives.

Sec. 9.

Minnesota Statutes 2023 Supplement, section 638.09, subdivision 5, is amended
to read:

Subd. 5.

Executive director.

(a) The board must appoint a commission executive director
knowledgeable about clemency and criminal justice. The executive director serves at the
pleasure of the board in the unclassified service as an executive branch employee.

(b) The executive director's salary is set in accordance with section 15A.0815, subdivision
3.

(c) (b) The executive director may obtain office space and supplies and hire administrative
staff necessary to carry out the commission's official functions, including providing
administrative support to the board and attending board meetings. Any additional staff serve
in the unclassified service at the pleasure of the executive director.

Sec. 10.

Laws 2023, chapter 52, article 8, section 20, subdivision 3, is amended to read:

Subd. 3.

Department administrative assistance.

Beginning August 1, 2023, through
February 29, 2024 June 30, 2024, the Department of Corrections must provide the Clemency
Review Commission with administrative assistance, technical assistance, office space, and
other assistance necessary for the commission to carry out its duties under sections 4 to 20.

EFFECTIVE DATE.

This section is effective retroactively from February 28, 2024.

Sec. 11.

Laws 2023, chapter 63, article 5, section 5, is amended to read:

Sec. 5. TRANSITION PERIOD.

Beginning August 1, 2023, through March 1, 2024 August 1, 2024, the Department of
Corrections must provide the Cannabis Expungement Board with administrative assistance,
technical assistance, office space, and other assistance necessary for the board to carry out
its duties under Minnesota Statutes, section 609A.06. The Cannabis Expungement Board
shall reimburse the Department of Corrections for the services and space provided.

EFFECTIVE DATE.

This section is effective retroactively from February 28, 2024.