1997 Minnesota Statutes

     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.    Detaining person on conditional release or 
 probation.  (a) The written order of the chief executive 
 officer or designee of a community corrections agency 
 established under this chapter is sufficient authority for peace 
 officers and probation officers serving the district and 
 juvenile courts of participating counties, when it appears 
 necessary to prevent escape or enforce discipline, to take and 
 detain a probationer, or any person on conditional release and 
 bring that person before the court or the commissioner of 
 corrections or a designee, whichever is appropriate, for 
 disposition.  No probationer or other person on conditional 
 release shall be detained more than 72 hours, exclusive of legal 
 holidays, Saturdays and Sundays, pursuant to this subdivision 
 without being provided with the opportunity for a hearing before 
 the court or the commissioner of corrections or a designee.  

    (b) The written order of the chief executive officer or 
 designee of a community corrections agency established under 
 this chapter is sufficient authority for probation officers 
 serving the district and juvenile courts of participating 
 counties to release within 72 hours, exclusive of legal 
 holidays, Saturdays, and Sundays, without appearance before the 
 court or the commissioner of corrections or a designee, any 
 person detained pursuant to paragraph (a). 

    (c) 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, participating counties 
 shall comply with the policies and procedures relating thereto 
 as prescribed by the commissioner of corrections.  

    (d) The written order of the chief executive officer or 
 designee of a community corrections agency established under 
 this chapter is sufficient authority for any peace officer or 
 county probation officer to take and place in actual custody any 
 person under sentence or on probation who: 

    (1) fails to report to serve a sentence at a local 
 correctional facility, as defined in section 241.021, 
 subdivision 1; 

    (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. 

    (e) The written order of the chief executive officer or 
 designee of a community corrections agency established under 
 this chapter is sufficient authority for any peace officer or 
 county probation officer to take and place in actual custody any 
 person on a court authorized pretrial release who absconds from 
 pretrial release or fails to abide by the conditions of pretrial 
 release. 

    HIST: 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