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Minnesota Legislature

Office of the Revisor of Statutes

CHAPTER 401. COMMUNITY CORRECTIONS

Table of Sections
SectionHeadnote
401.01PURPOSE AND DEFINITION; ASSISTANCE GRANTS.
401.02COUNTIES OR REGIONS; SERVICES INCLUDABLE.
401.025DETENTION AND RELEASE; PROBATIONERS, CONDITIONAL RELEASEES, AND PRETRIAL RELEASEES.
401.03PROMULGATION OF RULES; TECHNICAL ASSISTANCE.
401.04ACQUISITION OF PROPERTY; SELECTION OF ADMINISTRATIVE STRUCTURE; EMPLOYEES.
401.05FISCAL POWERS.
401.06COMPREHENSIVE PLAN; STANDARDS OF ELIGIBILITY; COMPLIANCE.
401.065PRETRIAL DIVERSION PROGRAMS.
401.07EXISTING SINGLE JURISDICTION COUNTIES OR GROUPS.
401.08CORRECTIONS ADVISORY BOARD; MEMBERS; DUTIES.
401.09OTHER SUBSIDY PROGRAMS; PURCHASE OF STATE SERVICES.
401.10COMMUNITY CORRECTIONS AID.
401.11ITEMS INCLUDED IN PLAN PURSUANT TO RULE.
401.12CONTINUATION OF CURRENT SPENDING LEVEL BY COUNTIES.
401.13CHARGES MADE TO COUNTIES.
401.14PAYMENT OF SUBSIDY.
401.15PROCEDURE FOR DETERMINATION AND PAYMENT OF AMOUNT; BIENNIAL REVIEW.
401.16WITHDRAWAL FROM PROGRAM.
401.01 PURPOSE AND DEFINITION; ASSISTANCE GRANTS.
    Subdivision 1. Grants. For the purpose of more effectively protecting society and to
promote efficiency and economy in the delivery of correctional services, the commissioner is
authorized to make grants to assist counties in the development, implementation, and operation
of community-based corrections programs including preventive or diversionary correctional
programs, conditional release programs, community corrections centers, and facilities for the
detention or confinement, care and treatment of persons convicted of crime or adjudicated
delinquent. The commissioner may authorize the use of a percentage of a grant for the operation
of an emergency shelter or make a separate grant for the rehabilitation of a facility owned by
the grantee and used as a shelter to bring the facility into compliance with state and local laws
pertaining to health, fire, and safety, and to provide security.
    Subd. 2. Definitions. (a) For the purposes of sections 401.01 to 401.16, the following terms
have the meanings given them.
(b) "CCA county" means a county that participates in the Community Corrections Act.
(c) "Commissioner" means the commissioner of corrections or a designee.
(d) "Conditional release" means parole, supervised release, conditional release as authorized
by section 609.3455, subdivision 6, 7, or 8; Minnesota Statutes 2004, section 609.108, subdivision
6; or Minnesota Statutes 2004, section 609.109, subdivision 7, work release as authorized by
sections 241.26, 244.065, and 631.425, probation, furlough, and any other authorized temporary
release from a correctional facility.
(e) "County probation officer" means a probation officer appointed under section 244.19.
(f) "Detain" means to take into actual custody, including custody within a local correctional
facility.
(g) "Joint board" means the board provided in section 471.59.
(h) "Local correctional facility" has the meaning given in section 241.021, subdivision 1.
(i) "Local correctional service" means those services authorized by and employees, officers,
and agents appointed under section 244.19, subdivision 1.
(j) "Release" means to release from actual custody.
History: 1973 c 354 s 1; 1982 c 559 s 1; 1985 c 220 s 7; 1Sp1985 c 9 art 2 s 93; 1986 c 444;
1988 c 505 s 5; 1997 c 239 art 9 s 51; 1998 c 367 art 7 s 7; 2007 c 13 art 13 s 37
401.02 COUNTIES OR REGIONS; SERVICES INCLUDABLE.
    Subdivision 1. Qualification of counties. One or more contiguous counties, having an
aggregate population of 30,000 or more persons, may qualify for a grant as provided in section
401.01 by the enactment of appropriate resolutions creating and establishing a corrections
advisory board, designating the officer or agency to be responsible for administering grant funds,
and providing for the preparation of a comprehensive plan for the development, implementation
and operation of the correctional services described in section 401.01, including the assumption
of those correctional services, other than the operation of state facilities, presently provided in
such counties by the department of corrections, and providing for centralized administration and
control of those correctional services described in section 401.01.
Where counties combine as authorized in this section, they shall comply with the provisions
of section 471.59.
    Subd. 2. Planning counties; advisory board members expenses. To assist counties which
have complied with the provisions of subdivision 1 and require financial aid to defray all or
a part of the expenses incurred by corrections advisory board members in discharging their
official duties pursuant to section 401.08, the commissioner may designate counties as "planning
counties", and, upon receipt of resolutions by the governing boards of the counties certifying the
need for and inability to pay the expenses described in this subdivision, advance to the counties
an amount not to exceed five percent of the maximum quarterly subsidy for which the counties
are eligible. The expenses described in this subdivision shall be paid in the same manner and
amount as for state employees.
    Subd. 3. Establishment and reorganization of administrative structure. Any county or
group of counties which have qualified for participation in the community corrections subsidy
program provided by this chapter may establish, organize, and reorganize an administrative
structure and provide for the budgeting, staffing, and operation of court services and probation,
construction or improvement to juvenile detention and juvenile correctional facilities and adult
detention and correctional facilities, and other activities required to conform to the purposes
of this chapter. No contrary general or special statute divests any county or group of counties
of the authority granted by this subdivision.
    Subd. 4.[Repealed, 1998 c 367 art 7 s 15]
    Subd. 5. Intermediate sanctions. Unless the district court directs otherwise, county
probation officers may require a person committed to the officer's care by the court to perform
community work service for violating a condition of probation imposed by the court. Community
work service may be imposed for the purpose of protecting the public, to aid the offender's
rehabilitation, or both. Probation officers may impose up to eight hours of community work
service for each violation and up to a total of 24 hours per offender per 12-month period,
beginning on the date on which community work service is first imposed. The chief executive
officer of a community corrections agency may authorize an additional 40 hours of community
work service, for a total of 64 hours per offender per 12-month period, beginning with the date on
which community work service is first imposed. At the time community work service is imposed,
probation officers are required to provide written notice to the offender that states:
(1) the condition of probation that has been violated;
(2) the number of hours of community work service imposed for the violation; and
(3) the total number of hours of community work service imposed to date in the 12-month
period.
An offender may challenge the imposition of community work service by filing a petition
in district court. An offender must file the petition within five days of receiving written notice
that community work service is being imposed. If the offender challenges the imposition of
community work service, the state bears the burden of showing, by a preponderance of the
evidence, that the imposition of community work service is reasonable under the circumstances.
Community work service includes sentencing to service.
History: 1973 c 354 s 2; 1975 c 304 s 8; 1977 c 392 s 9; 1979 c 102 s 13; 1980 c 509 s 156;
1980 c 614 s 146; 1982 c 559 s 2-4; 1983 c 274 s 18; 1985 c 220 s 8,9; 1986 c 444; 1992 c 511
art 9 s 13; 1992 c 571 art 11 s 11; 1993 c 326 art 10 s 10; 1995 c 244 s 9; 1998 c 367 art 7 s 8
401.025 DETENTION AND RELEASE; PROBATIONERS, CONDITIONAL
RELEASEES, AND PRETRIAL RELEASEES.
    Subdivision 1. Peace officers and probation officers serving CCA counties. (a) When
it appears necessary to enforce discipline or to prevent a person on conditional release from
escaping or absconding from supervision, the chief executive officer or designee of a community
corrections agency in a CCA county has the authority to issue a written order directing any peace
officer in the county or any probation officer serving the district and juvenile courts of the county
to detain and bring the person before the court or the commissioner, whichever is appropriate,
for disposition. This written order is sufficient authority for the peace officer or probation officer
to detain the person for not more than 72 hours, excluding Saturdays, Sundays, and holidays,
pending a hearing before the court or the commissioner.
(b) The chief executive officer or designee of a community corrections agency in a CCA
county has the authority to issue a written order directing a probation officer serving the district
and juvenile courts of the county to release a person detained under paragraph (a) within 72
hours, excluding Saturdays, Sundays, and holidays, without an appearance before the court or
the commissioner. This written order is sufficient authority for the probation officer to release
the detained person.
(c) The chief executive officer or designee of a community corrections agency in a CCA
county has the authority to issue a written order directing any peace officer in the county or
any probation officer serving the district and juvenile courts of the county to detain any person
on court-ordered pretrial release who absconds from pretrial release or fails to abide by the
conditions of pretrial release. A written order issued under this paragraph is sufficient authority
for the peace officer or probation officer to detain the person.
    Subd. 2. Peace officers and probation officers in other counties and state correctional
investigators. (a) The chief executive officer or designee of a community corrections agency in a
CCA county has the authority to issue a written order directing any state correctional investigator
or any peace officer, probation officer, or county probation officer from another county to detain a
person under sentence or on probation who:
(1) fails to report to serve a sentence at a local correctional facility;
(2) fails to return from furlough or authorized temporary release from a local correctional
facility;
(3) escapes from a local correctional facility; or
(4) absconds from court-ordered home detention.
(b) The chief executive officer or designee of a community corrections agency in a CCA
county has the authority to issue a written order directing any state correctional investigator or
any peace officer, probation officer, or county probation officer from another county to detain
any person on court-ordered pretrial release who absconds from pretrial release or fails to abide
by the conditions of pretrial release.
(c) A written order issued under paragraph (a) or (b) is sufficient authority for the state
correctional investigator, peace officer, probation officer, or county probation officer to detain
the person.
    Subd. 3. Offenders under Department of Corrections commitment. CCA counties shall
comply with the policies prescribed by the commissioner when providing supervision and other
correctional services to persons conditionally released pursuant to sections 241.26, 242.19,
243.05, 243.16, 244.05, and 244.065, including intercounty transfer of persons on conditional
release and the conduct of presentence investigations.
History: 1998 c 367 art 7 s 9
401.03 PROMULGATION OF RULES; TECHNICAL ASSISTANCE.
The commissioner shall, as provided in chapter 14, promulgate rules for the implementation
of sections 401.01 to 401.16, and shall provide consultation and technical assistance to counties to
aid them in the development of comprehensive plans.
History: 1973 c 354 s 3; 1982 c 424 s 130; 1995 c 233 art 2 s 56; 1997 c 187 art 5 s 31
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.
History: 1973 c 354 s 4; 1974 c 174 s 1; 1975 c 304 s 9; 1977 c 392 s 10; 1981 c 360
art 1 s 25; 1988 c 505 s 6
401.05 FISCAL POWERS.
    Subdivision 1. Authorization to use and accept funds. Any county or group of counties
electing to come within the provisions of sections 401.01 to 401.16 may, through their governing
bodies, use unexpended funds; accept gifts, grants, and subsidies from any lawful source; and
apply for and accept federal funds.
    Subd. 2. Capital improvements; bonds; leases. (a) A county or group of counties which
acquires facilities under section 401.04 or constructs the facilities may finance the acquisition or
construction and the equipping and subsequent improvement of the facilities in whole or in part by:
(1) the issuance of general obligation bonds of the county or group of counties in the manner
provided in chapter 475; or
(2) the issuance of revenue bonds, secured by a lease agreement as provided in subdivision 3
and sections 469.152 to 469.165, by a city situated in any of the counties or a county housing and
redevelopment authority established pursuant to chapter 469 or special law.
Proceedings for the issuance of general obligation bonds shall be instituted by the board of county
commissioners of the county or boards of the group of counties.
(b) If counties have combined as authorized in section 401.02, the joint powers board created
under section 471.59 shall, with the approval of the county board of each county which is a party:
(1) fix the total amount necessary for the construction or acquisition and the equipping and
subsequent improvement of the facilities; and
(2) apportion to each county its share of this amount or of the annual debt service or lease
rentals required to pay this amount with interest, as provided in subdivision 4.
    Subd. 3. Leasing. (a) A county or joint powers board of a group of counties which acquires
or constructs and equips or improves facilities under this chapter may, with the approval of
the board of county commissioners of each county, enter into a lease agreement with a city
situated within any of the counties, or a county housing and redevelopment authority established
under chapter 469 or any special law. Under the lease agreement, the city or county housing
and redevelopment authority shall:
(1) construct or acquire and equip or improve a facility in accordance with plans prepared by
or at the request of a county or joint powers board of the group of counties and approved by the
commissioner of corrections; and
(2) finance the facility by the issuance of revenue bonds.
(b) The county or joint powers board of a group of counties may lease the facility site,
improvements, and equipment for a term upon rental sufficient to produce revenue for the prompt
payment of the revenue bonds and all interest accruing on them. Upon completion of payment, the
lessee shall acquire title. The real and personal property acquired for the facility constitutes a
project and the lease agreement constitutes a revenue agreement as provided in sections 469.152
to 469.165. All proceedings by the city or county housing and redevelopment authority and
the county or joint powers board shall be as provided in sections 469.152 to 469.165, with the
following adjustments:
(1) no tax may be imposed upon the property;
(2) the approval of the project by the commissioner of employment and economic
development is not required;
(3) the Department of Corrections shall be furnished and shall record information concerning
each project as it may prescribe, in lieu of reports required on other projects to the commissioner
of employment and economic development;
(4) the rentals required to be paid under the lease agreement shall not exceed in any year
one-tenth of one percent of the market value of property within the county or group of counties
as last equalized before the execution of the lease agreement;
(5) the county or group of counties shall provide for payment of all rentals due during the
term of the lease agreement in the manner required in subdivision 4;
(6) no mortgage on the facilities shall be granted for the security of the bonds, but compliance
with clause (5) may be enforced as a nondiscretionary duty of the county or group of counties; and
(7) the county or the joint powers board of the group of counties may sublease any part of the
facilities for purposes consistent with their maintenance and operation.
    Subd. 4. Tax levies; apportionment of costs. The county or each county of the group of
counties shall annually levy a tax in an amount necessary to defray its proportion of the net costs
of maintenance and operation of the facilities, and shall levy a tax to pay the cost of construction
or acquisition, equipping, and any subsequent improvement to the facilities or the retirement of
any bonds or required lease payments for these purposes. Each county may levy these taxes
without limitation on the rate or amount. This levy shall not cause the amount of other taxes levied
or to be levied by the county, which are subject to any limitation, to be reduced in any amount.
A joint powers board of the group of counties shall apportion the costs of maintenance and
operation, construction or acquisition, equipping, and subsequent improvement of the facilities to
each of the counties according to a formula in the agreement entered into by the counties.
    Subd. 5. Correctional facilities fund. All money received for the operation and maintenance,
payment of indebtedness or lease payments, and construction or acquisition, equipping, and
subsequent improvement of the facilities must be deposited in a correctional facilities fund
maintained in the treasury of the county in which the facilities are located or any county treasury
of the group of counties as designated by the joint powers board. Payments from the fund shall
only be made upon certification of the chair or board designee that the expenditures have been
approved at a meeting of the board.
History: 1973 c 354 s 5; 1992 c 511 art 9 s 14; 2002 c 379 art 1 s 81; 1Sp2003 c 4 s 1
401.06 COMPREHENSIVE PLAN; STANDARDS OF ELIGIBILITY; COMPLIANCE.
No county or group of counties electing to provide correctional services pursuant to
sections 401.01 to 401.16 shall be eligible for the subsidy herein provided unless and until its
comprehensive plan shall have been approved by the commissioner. The commissioner shall,
pursuant to the Administrative Procedure Act, promulgate rules establishing standards of
eligibility for counties to receive funds under sections 401.01 to 401.16. To remain eligible
for subsidy counties shall maintain substantial compliance with the minimum standards
established pursuant to sections 401.01 to 401.16 and the policies and procedures governing the
services described in section 401.025 as prescribed by the commissioner. Counties shall also
be in substantial compliance with other correctional operating standards permitted by law and
established by the commissioner. The commissioner shall review annually the comprehensive
plans submitted by participating counties, including the facilities and programs operated under the
plans. The commissioner is hereby authorized to enter upon any facility operated under the plan,
and inspect books and records, for purposes of recommending needed changes or improvements.
When the commissioner shall determine that there are reasonable grounds to believe that a
county or group of counties is not in substantial compliance with minimum standards, at least 30
days' notice shall be given the county or counties and a hearing conducted by the commissioner
to ascertain whether there is substantial compliance or satisfactory progress being made toward
compliance. The commissioner may suspend all or a portion of any subsidy until the required
standard of operation has been met.
History: 1973 c 354 s 6; 1982 c 559 s 5; 1986 c 444; 2001 c 7 s 68
401.065 PRETRIAL DIVERSION PROGRAMS.
    Subdivision 1. Definition. As used in this section:
(1) a person is an "offender" if:
(i) the person is charged with, or probable cause exists to arrest or charge the person with, a
felony, gross misdemeanor, or misdemeanor crime, other than a crime against the person, but the
person has not yet entered a plea in the proceedings;
(ii) the person has not previously been convicted as an adult in Minnesota or any other state
of any crime against the person; and
(iii) the person has not previously participated as an adult in Minnesota in a pretrial diversion
program, including a program that existed before July 1, 1994, and had charges dismissed or
not filed as part of that program; and
(2) "pretrial diversion" means the decision of a prosecutor to refer an offender to a diversion
program on condition that the criminal charges against the offender will be dismissed after a
specified period of time, or the case will not be charged, if the offender successfully completes the
program.
    Subd. 2. Establishment of program. By July 1, 1994, every county attorney of a county
participating in the Community Corrections Act shall establish a pretrial diversion program for
adult offenders. If the county attorney's county participates in the Community Corrections Act
as part of a group of counties under section 401.02, the county attorney may establish a pretrial
diversion program in conjunction with other county attorneys in that group of counties. The
program must be designed and operated to further the following goals:
(1) to provide eligible offenders with an alternative to confinement and a criminal conviction;
(2) to reduce the costs and caseload burdens on district courts and the criminal justice system;
(3) to minimize recidivism among diverted offenders;
(4) to promote the collection of restitution to the victim of the offender's crime; and
(5) to develop responsible alternatives to the criminal justice system for eligible offenders.
    Subd. 3. Program components. A diversion program established under this section may:
(1) provide screening services to the court and the prosecuting authorities to help identify
likely candidates for pretrial diversion;
(2) establish goals for diverted offenders and monitor performance of these goals;
(3) perform chemical dependency assessments of diverted offenders where indicated, make
appropriate referrals for treatment, and monitor treatment and aftercare;
(4) provide individual, group, and family counseling services;
(5) oversee the payment of victim restitution by diverted offenders;
(6) assist diverted offenders in identifying and contacting appropriate community resources;
(7) provide educational services to diverted offenders to enable them to earn a high school
diploma or GED; and
(8) provide accurate information on how diverted offenders perform in the program to the
court, prosecutors, defense attorneys, and probation officers.
    Subd. 3a. Reporting of data to criminal justice information system (CJIS). (a) Every
county attorney who establishes a diversion program under this section shall report the following
information to the Bureau of Criminal Apprehension:
(1) the name and date of birth of each diversion program participant and any other identifying
information the superintendent considers necessary;
(2) the date on which the individual began to participate in the diversion program;
(3) the date on which the individual is expected to complete the diversion program;
(4) the date on which the individual successfully completed the diversion program, where
applicable; and
(5) the date on which the individual was removed from the diversion program for failure to
successfully complete the individual's goals, where applicable.
The superintendent shall cause the information described in this subdivision to be entered into
and maintained in the criminal history file of the Minnesota criminal justice information system.
(b) Effective August 1, 1997, the reporting requirements of this subdivision shall apply
to misdemeanor offenses.
    Subd. 4. Reports. By January 1, 1995, and biennially thereafter, each county attorney shall
report to the 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.
History: 1993 c 326 art 10 s 11; 1994 c 576 s 43,44; 1995 c 226 art 4 s 20; 1995 c 259
art 1 s 55; 2000 c 299 s 6
401.07 EXISTING SINGLE JURISDICTION COUNTIES OR GROUPS.
In any county or group of counties where correctional services are currently being provided
by a single jurisdiction within that county, nothing in sections 401.01 to 401.16 shall be
interpreted as requiring a change of authority.
History: 1973 c 354 s 7
401.08 CORRECTIONS ADVISORY BOARD; MEMBERS; DUTIES.
    Subdivision 1. Members of board. The corrections advisory board provided in section
401.02, subdivision 1, shall consist of at least nine members, who shall be representative of law
enforcement, prosecution, the judiciary, education, corrections, ethnic minorities, the social
services, and the lay citizen.
    Subd. 2. Appointment; terms. The members of the corrections advisory board shall be
appointed by the board of county commissioners or the joint board in the case of multiple counties
and shall serve for terms of two years from and after the date of their appointment, and shall
remain in office until their successors are duly appointed. The board may elect its own officers.
    Subd. 3. Joint corrections advisory board. Where two or more counties combine to come
within the provisions of sections 401.01 to 401.16, the joint corrections advisory board shall
contain representation as provided in subdivision 1, but the members comprising the board may
come from each of the participating counties as may be determined by agreement of the counties.
    Subd. 4. Comprehensive plan. The corrections advisory board provided in sections
401.01 to 401.16, shall actively participate in the formulation of the comprehensive plan for the
development, implementation, and operation of the correctional program and services described
in section 401.01, and shall make a formal recommendation to the county board or joint board at
least annually concerning the comprehensive plan and its implementation during the ensuing year.
    Subd. 5. Committee structure. If a corrections advisory board carries out its duties through
the implementation of a committee structure, the composition of each committee or subgroup shall
generally reflect the membership of the entire board. All proceedings of the corrections advisory
board and any committee or other subgroup of the board shall be open to the public; and all votes
taken of members of the board shall be recorded and shall become matters of public record.
    Subd. 6. Rules. The corrections advisory board shall promulgate and implement rules
concerning attendance of members at board meetings.
History: 1973 c 354 s 8; 1975 c 304 s 10; 1977 c 392 s 11; 1982 c 559 s 6,7
401.09 OTHER SUBSIDY PROGRAMS; PURCHASE OF STATE SERVICES.
Failure of a county or group of counties to elect to come within the provisions of sections
401.01 to 401.16 shall not affect their eligibility for any other state subsidy for correctional
purposes otherwise provided by law. Any comprehensive plan submitted pursuant to sections
401.01 to 401.16 may include the purchase of selected correctional services from the state by
contract, including the temporary detention and confinement of persons convicted of crime or
adjudicated delinquent; confinement to be in an appropriate state facility as otherwise provided by
law. The commissioner shall annually determine the costs of the purchase of services under this
section and deduct them from the subsidy due and payable to the county or counties concerned;
provided that no contract shall exceed in cost the amount of subsidy to which the participating
county or counties are eligible.
History: 1973 c 354 s 9; 1979 c 102 s 13
401.10 COMMUNITY CORRECTIONS AID.
    Subdivision 1. Aid calculations. To determine the community corrections aid amount to
be paid to each participating county, the commissioner of corrections must apply the following
formula:
(1) For each of the 87 counties in the state, a percent score must be calculated for each of
the following five factors:
(a) percent of the total state population aged ten to 24 residing within the county according to
the most recent federal census, and, in the intervening years between the taking of the federal
census, according to the most recent estimate of the state demographer;
(b) percent of the statewide total number of felony case filings occurring within the county,
as determined by the state court administrator;
(c) percent of the statewide total number of juvenile case filings occurring within the county,
as determined by the state court administrator;
(d) percent of the statewide total number of gross misdemeanor case filings occurring within
the county, as determined by the state court administrator; and
(e) percent of the total statewide number of convicted felony offenders who did not receive an
executed prison sentence, as monitored and reported by the Sentencing Guidelines Commission.
The percents in clauses (b) to (e) must be calculated by combining the most recent three-year
period of available data. The percents in clauses (a) to (e) each must sum to 100 percent across
the 87 counties.
(2) For each of the 87 counties, the county's percents in clauses (a) to (e) must be weighted,
summed, and divided by the sum of the weights to yield an average percent for each county,
referred to as the county's "composite need percent." When performing this calculation, the
weight for each of the percents in clauses (a) to (e) is 1.0. The composite need percent must sum
to 100 percent across the 87 counties.
(3) For each of the 87 counties, the county's "adjusted net tax capacity percent" is the
county's adjusted net tax capacity amount, defined in the same manner as it is defined for cities in
section 477A.011, subdivision 20, divided by the statewide total adjusted net tax capacity amount.
The adjusted net tax capacity percent must sum to 100 percent across the 87 counties.
(4) For each of the 87 counties, the county's composite need percent must be divided by the
county's adjusted net tax capacity percent to produce a ratio that, when multiplied by the county's
composite need percent, results in the county's "tax base adjusted need percent."
(5) For each of the 87 counties, the county's tax base adjusted need percent must be added
to twice the composite need percent, and the sum must be divided by 3, to yield the county's
"weighted need percent."
(6) Each participating county's weighted need percent must be added to the weighted
need percent of each other participating county to yield the "total weighted need percent for
participating counties."
(7) Each participating county's weighted need percent must be divided by the total weighted
need percent for participating counties to yield the county's "share percent." The share percents
for participating counties must sum to 100 percent.
(8) Each participating county's "base funding amount" is the aid amount that the county
received under this section for fiscal year 1995, as reported by the commissioner of corrections. In
fiscal year 1997 and thereafter, no county's aid amount under this section may be less than its
base funding amount, provided that the total amount appropriated for this purpose is at least as
much as the aggregate base funding amount defined in clause (9).
(9) The "aggregate base funding amount" is equal to the sum of the base funding amounts
for all participating counties. If a county that participated under this section during fiscal year
1995 chooses not to participate in any given year, then the aggregate base funding amount must
be reduced by that county's base funding amount. If a county that did not participate under this
section in fiscal year 1995 chooses to participate in any given year, then the aggregate base
funding amount must be increased by the amount of aid that the county would have received had
it participated in fiscal year 1995, as reported by the commissioner of corrections, and the amount
of increase shall be that county's base funding amount.
(10) In any given year, the total amount appropriated for this purpose first must be allocated to
participating counties in accordance with each county's base funding amount. Then, any remaining
amount in excess of the aggregate base funding amount must be allocated to participating counties
in proportion to each county's share percent, and is referred to as the county's "formula amount."
Each participating county's "community corrections aid amount" equals the sum of (i) the
county's base funding amount, and (ii) the county's formula amount.
However, if in any year the total amount appropriated for the purpose of this section is less
than the aggregate base funding amount, then each participating county's community corrections
aid amount is the product of (i) the county's base funding amount multiplied by (ii) the ratio of the
total amount appropriated to the aggregate base funding amount.
For each participating county, the county's community corrections aid amount calculated
in this subdivision is the total amount of subsidy to which the county is entitled under sections
401.01 to 401.16.
    Subd. 2. Transfer of funds. Notwithstanding any law to the contrary, the commissioner of
corrections, after notifying the committees on finance of the senate and ways and means of the
house of representatives, may, at the end of any fiscal year, transfer any unobligated funds in any
appropriation to the Department of Corrections to the appropriation under sections 401.01 to
401.16, which appropriation shall not cancel but is reappropriated for the purposes of sections
401.01 to 401.16.
    Subd. 3. Formula review. Prior to January 16, 2002, the committees with jurisdiction
over community corrections funding decisions in the house of representatives and the senate,
in consultation with the Department of Corrections and any interested county organizations,
must review the formula in subdivision 1 and make recommendations to the legislature for its
continuation, modification, replacement, or discontinuation.
History: 1973 c 354 s 10; 1975 c 304 s 11; 1988 c 719 art 5 s 84; 1989 c 329 art 13 s
20; 1996 c 408 art 8 s 19
401.11 ITEMS INCLUDED IN PLAN PURSUANT TO RULE.
The comprehensive plan submitted to the commissioner for approval shall include those
items prescribed by rule of the commissioner, which may require the inclusion of the following:
(a) the manner in which presentence and postsentence investigations and reports for the district
courts and social history reports for the juvenile courts will be made; (b) the manner in which
conditional release services to the courts and persons under jurisdiction of the commissioner
of corrections will be provided; (c) a program for the detention, supervision, and treatment of
persons under pretrial detention or under commitment; (d) delivery of other correctional services
defined in section 401.01; (e) proposals for new programs, which proposals must demonstrate
a need for the program, its purpose, objective, administrative structure, staffing pattern, staff
training, financing, evaluation process, degree of community involvement, client participation,
and duration of program.
In addition to the foregoing requirements made by this section, each participating county or
group of counties shall develop and implement a procedure for the review of grant applications
made to the corrections advisory board and for the manner in which corrections advisory board
action will be taken on them. A description of this procedure must be made available to members
of the public upon request.
History: 1973 c 354 s 11; 1975 c 271 s 6; 1975 c 304 s 12; 1983 c 274 s 18; 1985 c 220
s 10; 1985 c 248 s 70; 1986 c 444
401.12 CONTINUATION OF CURRENT SPENDING LEVEL BY COUNTIES.
Participating counties shall not diminish their current level of spending for correctional
expenses as defined in section 401.01, to the extent of any subsidy received pursuant to sections
401.01 to 401.16; rather the subsidy herein provided is for the expenditure for correctional
purposes in excess of those funds currently being expended. Should a participating county be
unable to expend the full amount of the subsidy to which it would be entitled in any one year
under the provisions of sections 401.01 to 401.16, the commissioner shall retain the surplus,
subject to disbursement in the following year wherein such county can demonstrate a need for
and ability to expend same for the purposes provided in section 401.01. If in any biennium
the subsidy is increased by an inflationary adjustment which results in the county receiving
more actual subsidy than it did in the previous calendar year, the county shall be eligible for that
increase only if the current level of spending is increased by a percentage equal to that increase
within the same biennium.
History: 1973 c 354 s 12; 1981 c 360 art 1 s 26
401.13 CHARGES MADE TO COUNTIES.
Each participating county will be charged a sum equal to the actual per diem cost of
confinement, excluding educational costs, of those juveniles committed to the commissioner and
confined in a state correctional facility. The commissioner shall annually determine costs making
necessary adjustments to reflect the actual costs of confinement. The commissioner of corrections
shall bill the counties and deposit the receipts from the counties in the general fund. All charges
shall be a charge upon the county of commitment.
History: 1973 c 354 s 13; 1977 c 392 s 12; 1979 c 102 s 13; 1982 c 559 s 8; 1Sp1985 c
9 art 2 s 94; 1991 c 292 art 8 s 11; 1993 c 146 art 2 s 18,32; 1994 c 636 art 6 s 23,29; 1997 c
239 art 9 s 33; 1998 c 367 art 9 s 17
401.14 PAYMENT OF SUBSIDY.
    Subdivision 1. Payment. Upon compliance by a county or group of counties with the
prerequisites for participation in the subsidy prescribed by sections 401.01 to 401.16, and approval
of the comprehensive plan by the commissioner, the commissioner shall determine whether funds
exist for the payment of the subsidy and proceed to pay same in accordance with applicable rules.
    Subd. 2. Quarterly remittance. Based upon the comprehensive plan as approved, the
commissioner may estimate the amount to be expended in furnishing the required correctional
services during each calendar quarter and cause the estimated amount to be remitted to the
counties entitled thereto in the manner provided in section 401.15, subdivision 1.
    Subd. 3. Installment payments. The commissioner of corrections shall make payments for
community corrections services to each county in 12 installments per year. The commissioner
shall ensure that the pertinent payment of the allotment for each month is made to each county
on the first working day after the end of each month of the calendar year, except for the last
month of the calendar year. The commissioner shall ensure that each county receives its payment
of the allotment for that month no later than the last working day of that month. The payment
described in this subdivision for services rendered during June 1985 shall be made on the first
working day of July 1985.
History: 1973 c 354 s 14; 1975 c 304 s 13; 1983 c 312 art 1 s 24; 1985 c 248 s 70
401.15 PROCEDURE FOR DETERMINATION AND PAYMENT OF AMOUNT;
BIENNIAL REVIEW.
    Subdivision 1. Certified statements; determinations; adjustments. Within 60 days of the
end of each calendar quarter, participating counties which have received the payments authorized
by section 401.14 shall submit to the commissioner certified statements detailing the amounts
expended and costs incurred in furnishing the correctional services provided in sections 401.01 to
401.16. Upon receipt of certified statements, the commissioner shall, in the manner provided in
sections 401.10 and 401.12, determine the amount each participating county is entitled to receive,
making any adjustments necessary to rectify any disparity between the amounts received pursuant
to the estimate provided in section 401.14 and the amounts actually expended. If the amount
received pursuant to the estimate is greater than the amount actually expended during the quarter,
the commissioner may withhold the difference from any subsequent monthly payments made
pursuant to section 401.14. Upon certification by the commissioner of the amount a participating
county is entitled to receive under the provisions of section 401.14 or of this subdivision the
commissioner of finance shall thereupon issue a state warrant to the chief fiscal officer of each
participating county for the amount due together with a copy of the certificate prepared by the
commissioner.
    Subd. 2. Ranking review. The commissioner shall biennially review the ranking accorded
each county by the equalization formula provided in section 401.10 and compute the subsidy
rate accordingly.
History: 1973 c 354 s 15; 1973 c 492 s 14; 1975 c 304 s 14; 1983 c 312 art 1 s 25; 2007
c 54 art 6 s 16
401.16 WITHDRAWAL FROM PROGRAM.
Any participating county may, at the beginning of any calendar quarter, by resolution of its
board of commissioners, notify the commissioner of its intention to withdraw from the subsidy
program established by sections 401.01 to 401.16, and the withdrawal shall be effective the
last day of the last month of the quarter in which the notice was given. Upon withdrawal, the
unexpended balance of moneys allocated to the county, or that amount necessary to reinstate state
correctional services displaced by that county's participation, including complement positions,
may, upon approval of the legislative advisory commission, be transferred to the commissioner
for the reinstatement of the displaced services and the payment of any other correctional subsidies
for which the withdrawing county had previously been eligible.
History: 1973 c 354 s 16; 1977 c 392 s 13