.................... moves to amend H.F. No. 853 as follows:
Delete everything after the enacting clause and insert:
1.6The amounts shown in this section summarize direct appropriations, by fund, made
1.7in this article.
|Section 1. SUMMARY OF APPROPRIATIONS.
1.21The sums shown in the columns marked "Appropriations" are appropriated to the
1.22agencies and for the purposes specified in this article. The appropriations are from the
1.23general fund, or another named fund, and are available for the fiscal years indicated
1.24for each purpose. The figures "2012" and "2013" used in this article mean that the
1.25appropriations listed under them are available for the fiscal year ending June 30, 2012, or
1.26June 30, 2013, respectively. "The first year" is fiscal year 2012. "The second year" is fiscal
1.27year 2013. "The biennium" is fiscal years 2012 and 2013. Appropriations for the fiscal
1.28year ending June 30, 2011, are effective the day following final enactment.
|Sec. 2. PUBLIC SAFETY APPROPRIATIONS.
||Available for the Year
||Ending June 30
|Sec. 3. PUBLIC SAFETY
2.16The amounts that may be spent for each
2.17purpose are specified in the following
|Appropriations by Fund
2.25(a) Disaster Match. $1,226,000 in fiscal year
2.262011 is appropriated from the general fund to
2.27provide a state match for Federal Emergency
2.28Management Agency (FEMA) disaster
2.29assistance to state agencies and political
2.30subdivisions under Minnesota Statutes,
2.31section 12.221, in the area designated
2.32under Presidential Declaration of Major
2.33Disaster, FEMA-1830-DR, for the flooding
2.34in Minnesota in the spring of 2009, whether
2.35included in the original declaration or added
2.36later by federal government action. This is a
3.1onetime appropriation. This appropriation is
3.2available until expended.
3.3(b) Hazmat and Chemical Assessment
3.4Teams. $604,000 each year is appropriated
3.5from the fire safety account in the special
3.6revenue fund. These amounts must be used
3.7to fund the hazardous materials and chemical
|Appropriations by Fund
3.16DWI Lab Analysis; Trunk Highway Fund.
3.17Notwithstanding Minnesota Statutes, section
3.18161.20, subdivision 3, $1,941,000 each year
3.19is appropriated from the trunk highway fund
3.20for laboratory analysis related to driving
3.21while impaired cases.
|Appropriations by Fund
3.23This appropriation is from the fire safety
3.24account in the special revenue fund and is for
3.25activities under Minnesota Statutes, section
|Subd. 4.Fire Marshal
|Subd. 5.Alcohol and
3.32This appropriation is from the alcohol
3.33enforcement account in the special revenue
3.34fund. Of this appropriation, $500,000 each
3.35year shall be transferred to the general fund.
4.1The transfer amount for fiscal year 2014 and
4.2fiscal year 2015 shall be $500,000 per year.
|Appropriations by Fund
|Subd. 6.Office of Justice
4.9(a) Domestic Abuse Shelters. The
4.10commissioner may not reduce grants to
4.11domestic abuse shelters more than 11 percent
4.12from the base.
4.13(b) Administration Costs. Up to 2.5 percent
4.14of the grant money appropriated in this
4.15subdivision may be used to administer the
|Appropriations by Fund
4.19This appropriation is from the state
4.20government special revenue fund for 911
4.21emergency telecommunications services.
4.22(a) Public Safety Answering Points.
4.23$13,664,000 each year is to be distributed
4.24as provided in Minnesota Statutes, section
4.25403.113, subdivision 2.
4.26(b) Medical Resource Communication
4.27Centers. $683,000 each year is for grants
4.28to the Minnesota Emergency Medical
4.29Services Regulatory Board for the Metro
4.30East and Metro West Medical Resource
4.31Communication Centers that were in
4.32operation before January 1, 2000.
4.33(c) ARMER Debt Service. $23,261,000
4.34each year are to the commissioner of finance
5.1to pay debt service on revenue bonds issued
5.2under Minnesota Statutes, section 403.275.
5.3Any portion of this appropriation not needed
5.4to pay debt service in a fiscal year may be
5.5used by the commissioner of public safety to
5.6pay cash for any of the capital improvements
5.7for which bond proceeds were appropriated
5.8by Laws 2005, chapter 136, article 1, section
5.99, subdivision 8, or Laws 2007, chapter 54,
5.10article 1, section 10, subdivision 8.
5.11(d) Metropolitan Council Debt Service.
5.12$1,410,000 each year is to the commissioner
5.13of finance for payment to the Metropolitan
5.14Council for debt service on bonds issued
5.15under Minnesota Statutes, section 403.27.
5.16(e) ARMER State Backbone Operating
5.17Costs. $8,300,000 the first year and
5.18$8,650,000 the second year is to the
5.19commissioner of transportation for costs
5.20of maintaining and operating the statewide
5.21radio system backbone.
5.22(f) ARMER Improvements. $1,000,000
5.23each year is for the Statewide Radio Board
5.24for costs of design, construction, maintenance
5.25of, and improvements to those elements
5.26of the statewide public safety radio and
5.27communication system that support mutual
5.28aid communications and emergency medical
5.29services or provide enhancement of public
5.30safety communication interoperability.
5.31(g) Transfer. $2,600,000 each year is
5.32transferred to the general fund. This is a
6.3(a) Excess Amounts Transferred. This
6.4appropriation is from the peace officer
6.5training account in the special revenue fund.
6.6Any new receipts credited to that account in
6.7the first year in excess of $3,770,000 must be
6.8transferred and credited to the general fund.
6.9Any new receipts credited to that account in
6.10the second year in excess of $3,770,000 must
6.11be transferred and credited to the general
6.13(b) Peace Officer Training
6.14Reimbursements. $2,634,000 each
6.15year is for reimbursements to local
6.16governments for peace officer training costs.
|Sec. 4. PEACE OFFICER STANDARDS AND
TRAINING BOARD (POST)
|Sec. 5. PRIVATE DETECTIVE BOARD
6.19Mission Priority. The commissioner shall
6.20dedicate the department's resources to
|Sec. 6. HUMAN RIGHTS
|Sec. 7. DEPARTMENT OF CORRECTIONS
6.28The amounts that may be spent for each
6.29purpose are specified in the following
|Appropriations by Fund
7.4(a) Position Reductions. The commissioner
7.5shall realize the cuts to correctional
7.6institutions by eliminating management
7.7positions within the department's facilities,
7.8particularly duplicate positions. The
7.9commissioner may not eliminate line officer
7.10positions. The commissioner shall focus the
7.11reductions in areas that will not compromise
7.12line officer or public safety.
7.13(b) Inmate Medical Cost Savings; Report.
7.14The commissioner shall reduce the inmate
7.15medical per diem by at least five percent.
7.16By January 15, 2012, the commissioner
7.17shall submit a report to the chairs and
7.18ranking minority members of the house
7.19and senate committees with jurisdiction
7.20over public safety finance detailing how the
7.21commissioner achieved the cost savings. If
7.22the commissioner fails to realize five percent
7.23savings on inmate medical costs, the report
7.24shall contain a detailed explanation of why
7.25the savings were not realized.
7.26(c) Juvenile Facilities; Report. By
7.27December 1, 2011, the commissioner of
7.28corrections shall report to the chairs and
7.29ranking minority members of the house
7.30and senate committees with jurisdiction
7.31over public safety finance on the continued
7.32operation of the department's two juvenile
7.33facilities. In the report, the commissioner
7.34shall evaluate the cost savings to the
7.35department and state of closing one or
8.1both of the facilities. If the commissioner
8.2determines one or both of the facilities
8.3should remain open, the commissioner shall
8.4make recommendations on how to operate
8.5the facilities in the most cost-effective
8.6manner possible. If the commissioner
8.7recommends the closing of one or both of the
8.8juvenile facilities, the report shall contain
8.9recommendations for alternative placements
8.10for juvenile offenders and alternative uses
8.11for the facilities.
8.12(d) Reform Working Group; Report. (1)
8.13The commissioner of corrections shall form a
8.14working group to study the following topics:
8.15(i) adoption of an earned credit program for
8.16inmates in the state correctional facilities
8.17similar to the programs in 36 other states;
8.18(ii) the federal immigration and customs
8.19enforcement rapid REPAT program and the
8.20potential for the state to participate in the
8.22(ii) expanding the use of medical and other
8.23forms of early release; and
8.24(iv) the feasibility of closing a wing or an
8.25entire state facility or leasing vacant prison
8.26space to house inmates from other states.
8.27(2) The working group shall consist of
8.28corrections personnel, the state public
8.29defender, an individual representing victim
8.30services, a representative from the county
8.31attorneys association, a majority and
8.32minority member of the house Public Safety
8.33Committee and a majority and minority
8.34member of the of the senate Judiciary and
9.1Public Safety Committee, and any other
9.2members that the commissioner deems
9.4(3) The working group shall issue a report
9.5to the chair and ranking minority member
9.6of the house Public Safety Finance and
9.7Policy Committee and the chair and ranking
9.8minority member of the of the senate
9.9Judiciary and Public Safety Committee
9.10by January 15, 2012. The report must
9.11contain recommendations for each of the
9.12areas of study listed above and specific
9.13recommendations concerning the use of
9.14earned credits for inmates that address:
9.15(i) the feasibility of an earned credit policy;
9.16(ii) the type and amount of earned credit that
9.17could be offered;
9.18(iii) the type of inmates to include and
9.19exclude from an earned credit program; and
9.20(iv) any potential cost savings that would
9.21result from the issuing earned credit.
|Appropriations by Fund
9.27Probation Revocation Reform; Report.
9.28The commissioner of corrections, in
9.29consultation with staff of the Sentencing
9.30Guidelines Commission and representatives
9.31from community corrections agencies,
9.32shall develop performance incentives for
9.33counties to reduce the number of probation
9.34revocations by at least ten percent. The
10.1commissioner is encouraged to review
10.2policies in states that have implemented
10.3performance incentive programs. The
10.4commissioner shall also examine and
10.6(1) the revocation rate differences between
10.8(2) granting earned compliance credits for
10.9offenders on probation;
10.10(3) recent innovations in probation services,
10.11such as the HOPE program and the
10.12Georgia model, to determine the feasibility
10.13of implementing similar programs in
10.15(4) limiting prison time for first time
10.16probation revocations; and
10.17(5) the impact of adopting one, unified
10.18probation and supervised release delivery
10.19system in the state.
10.20The commissioner shall submit a report to
10.21the chairs and ranking minority members
10.22of the house and senate committees with
10.23jurisdiction over public safety finance by
10.24January 15, 2012.
|Appropriations by Fund
10.30Position Reductions. At least 50 percent
10.31of the reductions in operations support must
10.32come from the elimination of, or reduction
10.33in benefits for, management positions. The
10.34commissioner shall focus the reductions
11.1in areas such as information technology,
11.2finance, and other areas that will not
11.3compromise line officer or public safety. The
11.4commissioner shall also work to eliminate
11.5positions that duplicate the duties of other
11.8(a) MINNCOR. Notwithstanding Minnesota
11.9Statutes, section 241.27, the commissioner
11.10of management and budget shall transfer
11.11$600,000 the first year and $600,000 the
11.12second year from the Minnesota correctional
11.13industries revolving fund to the general fund.
11.14These are onetime transfers.
11.15(b) Various Special Revenue Accounts.
11.16Notwithstanding any law to the contrary,
11.17the commissioner of management and
11.18budget shall transfer $400,000 the first year
11.19and $400,000 the second year from the
11.20Department of Corrections' special revenue
11.21accounts to the general fund. These are
11.22onetime transfers. The commissioner of
11.23corrections shall adjust expenditures to stay
11.24within the remaining revenues.
|Appropriations by Fund
Section 1. Minnesota Statutes 2010, section 243.212, is amended to read:
11.28243.212 CO-PAYMENTS FOR HEALTH SERVICES.
Any inmate of an adult correctional facility under the control of the commissioner
of corrections shall incur co-payment obligations for health care services provided. The
11.31co-payment shall be at least $5 per visit to a healthcare provider.
The co-payment will be
paid from the inmate account of earnings and other funds, as provided in section
. The funds paid under this subdivision are appropriated to the commissioner
of corrections for the delivery of health care services to inmates.
12.1EFFECTIVE DATE.This section is effective July 1, 2011.
Sec. 2. Minnesota Statutes 2010, section 297I.06, subdivision 3, is amended to read:
Subd. 3. Fire safety account, annual transfers, allocation.
A special account, to
be known as the fire safety account, is created in the state treasury. The account consists of
the proceeds under subdivisions 1 and 2. $468,000 in fiscal year 2008, $4,268,000 in fiscal
year 2009, $9,268,000 in fiscal year 2010, $5,968,000 in fiscal year 2011, $6,618,000 in
12.7fiscal year 2012, $6,618,000 in fiscal year 2013,
and $2,368,000 in each year thereafter is
transferred from the fire safety account in the special revenue fund to the general fund
to offset the loss of revenue caused by the repeal of the one-half of one percent tax on
fire insurance premiums.
Sec. 3. Minnesota Statutes 2010, section 363A.06, subdivision 1, is amended to read:
Subdivision 1. Formulation of policies.
(a) The commissioner shall formulate
policies to effectuate the purposes of this chapter and shall do the following:
(1) exercise leadership under the direction of the governor in the development of
human rights policies and programs, and make recommendations to the governor and the
legislature for their consideration and implementation;
establish and maintain a principal office in St. Paul, and any other necessary
12.18 branch offices at any location within the state;
meet and function at any place within the state;
employ attorneys, clerks, and other employees and agents as the
commissioner may deem necessary and prescribe their duties;
to the extent permitted by federal law and regulation, utilize the records of
the Department of Employment and Economic Development of the state when necessary
to effectuate the purposes of this chapter;
obtain upon request and utilize the services of all state governmental
departments and agencies;
adopt suitable rules for effectuating the purposes of this chapter;
issue complaints, receive and investigate charges alleging unfair
discriminatory practices, and determine whether or not probable cause exists for hearing;
subpoena witnesses, administer oaths, take testimony, and require the
production for examination of any books or papers relative to any matter under
investigation or in question as the commissioner deems appropriate to carry out the
purposes of this chapter;
attempt, by means of
conference, conciliation, and persuasion to
eliminate unfair discriminatory practices as being contrary to the public policy of the state;
(11) develop and conduct programs of formal and informal education designed to
13.4 eliminate discrimination and intergroup conflict by use of educational techniques and
13.5 programs the commissioner deems necessary;
13.6 (12) (10)
make a written report of the activities of the commissioner to the governor
accept gifts, bequests, grants, or other payments public and private to help
finance the activities of the department;
create such local and statewide advisory committees as will in the
commissioner's judgment aid in effectuating the purposes of the Department of Human
(15) develop such programs as will aid in determining the compliance throughout
13.14 the state with the provisions of this chapter, and in the furtherance of such duties, conduct
13.15 research and study discriminatory practices based upon race, color, creed, religion,
13.16 national origin, sex, age, disability, marital status, status with regard to public assistance,
13.17 familial status, sexual orientation, or other factors and develop accurate data on the nature
13.18 and extent of discrimination and other matters as they may affect housing, employment,
13.19 public accommodations, schools, and other areas of public life;
13.20 (16) (13)
develop and disseminate technical assistance to persons subject to the
provisions of this chapter, and to agencies and officers of governmental and private
provide staff services to such advisory committees as may be created in
aid of the functions of the Department of Human Rights;
make grants in aid to the extent that appropriations are made available for
that purpose in aid of carrying out duties and responsibilities; and
cooperate and consult with the commissioner of labor and industry
regarding the investigation of violations of, and resolution of complaints regarding section
13.29363A.08, subdivision 7
In performing these duties, the commissioner shall give priority to those duties in
, and (10) and to the duties in section
(b) All gifts, bequests, grants, or other payments, public and private, accepted under
paragraph (a), clause
, must be deposited in the state treasury and credited to a
special account. Money in the account is appropriated to the commissioner of human
rights to help finance activities of the department.
13.36EFFECTIVE DATE.This section is effective July 1, 2011.
Sec. 4. Minnesota Statutes 2010, section 363A.36, subdivision 1, is amended to read:
Subdivision 1. Scope of application.
(a) For all contracts for goods and services in
, no department or agency of the state shall accept any bid or
proposal for a contract or agreement from any business having more than
employees within this state on a single working day during the previous 12 months, unless
the commissioner is in receipt of the business' affirmative action plan for the employment
of minority persons, women, and qualified disabled individuals. No department or agency
of the state shall execute any such contract or agreement until the affirmative action plan
has been approved by the commissioner. Receipt of a certificate of compliance issued by
the commissioner shall signify that a firm or business has an affirmative action plan that
has been approved by the commissioner. A certificate shall be valid for a period of
years. A municipality as defined in section
466.01, subdivision 1
, that receives state
money for any reason is encouraged to prepare and implement an affirmative action plan
for the employment of minority persons, women, and the qualified disabled and submit the
plan to the commissioner.
(b) This paragraph applies to a contract for goods or services in excess of
to be entered into between a department or agency of the state and a business
that is not subject to paragraph (a), but that has more than
full-time employees on
a single working day during the previous 12 months in the state where the business has
its primary place of business. A department or agency of the state may not execute a
contract or agreement with a business covered by this paragraph unless the business has a
certificate of compliance issued by the commissioner under paragraph (a) or the business
certifies that it is in compliance with federal affirmative action requirements.
(c) This section does not apply to contracts entered into by the State Board of
Investment for investment options under section
352.965, subdivision 4
14.26EFFECTIVE DATE.This section is effective July 1, 2011.
Sec. 5. Minnesota Statutes 2010, section 609.105, subdivision 1, is amended to read:
Subdivision 1. Sentence to
more than one year 60 days or less. In
sentence to imprisonment
for more than one year shall commit, when the remaining term
14.30of imprisonment is for 60 days or less,
the defendant shall be committed
to the custody of
the commissioner of corrections and must serve the remaining term of imprisonment at a
14.32workhouse, work farm, county jail, or other place authorized by law
14.33EFFECTIVE DATE.This section is effective July 1, 2011.
Sec. 6. Minnesota Statutes 2010, section 609.105, is amended by adding a subdivision
15.3 Subd. 1c. Sentence to more than 60 days. A felony sentence to imprisonment
15.4when the warrant of commitment has a remaining term of imprisonment for more than 60
15.5days shall commit the defendant to the custody of the commissioner of corrections.
15.6EFFECTIVE DATE.This section is effective July 1, 2011.
Sec. 7. Minnesota Statutes 2010, section 609.105, is amended by adding a subdivision
15.9 Subd. 4. Definitions. (a) For the purposes of this section the terms in this
15.10subdivision have the meanings given them.
15.11(b) "Remaining term of imprisonment" as applied to inmates whose crimes were
15.12committed before August 1, 1993, is the period of time for which an inmate is committed
15.13to the custody of the commissioner of corrections minus earned good time and jail credit,
15.15(c) "Remaining term of imprisonment" as applied to inmates whose crimes were
15.16committed on or after August 1, 1993, is the period of time equal to two-thirds of the
15.17inmate's executed sentence, minus jail credit, if any.
15.18EFFECTIVE DATE.This section is effective July 1, 2011.
Sec. 8. [609.3458] INDETERMINATE SENTENCE FOR PREDATORY SEX
15.21 Subdivision 1. Definitions. As used in this section:
15.22(1) "sex offense" means a violation of section 609.342, 609.343, 609.344, or 609.345;
15.23(2) "predatory sex offender" means a person who:
15.24(i) is unable to control the person's sexual impulses;
15.25(ii) is dangerous to other persons; and
15.26(iii) has a pattern of harmful sexual conduct; and
15.27(3) "harmful sexual conduct" means sexual conduct that creates a substantial
15.28likelihood of serious physical or emotional harm to another.
15.29 Subd. 2. Applicability. A prosecuting attorney may charge a person under this
15.30section when probable cause exists that the person:
15.31(1) committed a sex offense; and
15.32(2) is a predatory sex offender.
16.1 Subd. 3. Procedures. A person subject to prosecution under this section shall have
16.2a bifurcated trial. The first phase of the trial shall determine the person's guilt on the sex
16.3offense charge. If the person is found guilty of the sex offense, the second phase of the
16.4trial shall determine whether the person is a predatory sex offender. In both phases of the
16.5trial, the burden of proof is on the state and the standard of proof is beyond a reasonable
16.6doubt. A person charged under this section has all of the rights of a criminal defendant in
16.7both phases of the trial.
16.8 Subd. 4. Indeterminate sentence; minimum and maximum term specified. (a) A
16.9person convicted of a sex offense who has been found by the fact finder to be a predatory
16.10sex offender shall be committed to the custody of the commissioner of corrections for the
16.11term required by paragraph (b).
16.12(b) The minimum sentence of incarceration for offenders sentenced under paragraph
16.13(a) shall be twice the presumptive sentence under the sentencing guidelines for a person
16.14with the offender's criminal history. When the sentencing guidelines presume a stayed
16.15sentence for the sex offense, the court shall specify a minimum sentence. Notwithstanding
16.16any law to the contrary and the statutory maximum sentence for the offense, the maximum
16.17sentence is 60 years.
16.18(c) A person sentenced under this section and subsequently released shall be placed
16.19on conditional release as provided for in subdivision 9.
16.20(d) Notwithstanding section 609.135, the court may not stay the imposition or
16.21execution of the sentence required by this subdivision. An offender committed to the
16.22custody of the commissioner of corrections under this section may not be released from
16.23incarceration except as provided in this section and section 244.05, subdivision 8.
16.24 Subd. 5. Sentence of persons not found to be predatory sex offenders. If the
16.25person is convicted of the sex offense but is not determined to be a predatory sex offender,
16.26the court shall sentence the offender as otherwise provided by law.
16.27 Subd. 6. Release authority. The commissioner of corrections, under rules
16.28promulgated by the commissioner, may grant supervised release to offenders sentenced
16.29under this section.
16.30 Subd. 7. Petition for release, hearing. (a) A person who has served the minimum
16.31period of incarceration to which the person was sentenced may petition the commissioner
16.32of corrections for release. The commissioner shall hold a hearing on each petition
16.33for release prior to making any determination. Within 45 days of the hearing, the
16.34commissioner shall give written notice of the time and place of the hearing to all interested
16.35parties, including the petitioner, the sentencing court, the county attorney's office that
16.36prosecuted the case, and any victims of the crime who requested notification. The hearing
17.1must be held on the record. Upon the approval of the commissioner, the petitioner may
17.2subpoena witnesses to appear at the hearing.
17.3(b) If the commissioner determines the person satisfies the criteria for conditional
17.4release, the commissioner shall release the person from incarceration no later than 14
17.5days after making a determination.
17.6(c) If the commissioner rejects the person's petition for release, the commissioner
17.7must specify in writing the reasons for the rejection. The person may not petition for
17.8release again until 24 months have elapsed since the rejection, unless the commissioner
17.9specifies a shorter time period.
17.10 Subd. 8. Criteria for release. (a) A person sentenced under this section shall not
17.11be released from incarceration unless it appears to the satisfaction of the commissioner
17.12that the person:
17.13(1) no longer poses a threat to the public;
17.14(2) is no longer in need of programming in a secure facility; and
17.15(3) is capable of reintegration with the general public.
17.16(b) The person seeking release has the burden of showing, by clear and convincing
17.17evidence, that the criteria in paragraph (a) have been met.
17.18 Subd. 9. Conditional release. (a) A person sentenced under this section shall serve,
17.19upon release from incarceration, a conditional release term. The conditional release term
17.20shall be the 60-year maximum term under this section less the amount of time actually
17.21served, but the term cannot be less than ten years.
17.22(b) The commissioner of corrections shall establish the conditions of release for a
17.23person granted conditional release.
17.24(c) The county attorney in the county where the conviction occurred, the person's
17.25conditional release agent, or any other interested party may file a petition with the court
17.26alleging that the person failed to satisfy any condition of release. If the court determines
17.27that a person has violated a condition of release, the court may order an appropriate
17.28sanction, including, but not limited to, incarcerating the person for a period specified by
17.29the court in a local or state correctional facility. The period may be of any duration up to
17.30the remainder of time left in the person's conditional release term.
17.31EFFECTIVE DATE.This section is effective July 1, 2013, and applies to crimes
17.32committed on or after that date.
Sec. 9. Minnesota Statutes 2010, section 626.8458, subdivision 5, is amended to read:
Subd. 5. In-service training in police pursuits required.
The chief law
enforcement officer of every state and local law enforcement agency shall provide
in-service training in emergency vehicle operations and in the conduct of police pursuits
to every peace officer and part-time peace officer employed by the agency who the
chief law enforcement officer determines may be involved in a police pursuit given the
officer's responsibilities. The training shall comply with learning objectives developed
and approved by the board and shall consist of at least eight hours of classroom and
skills-based training every
Sec. 10. Minnesota Statutes 2010, section 641.15, subdivision 2, is amended to read:
Subd. 2. Medical aid.
Except as provided in section
, the county board
shall pay the costs of medical services provided to prisoners pursuant to this section
The amount paid by the
county board for a medical service shall not exceed the
maximum allowed medical assistance payment rate for the service, as determined by
the commissioner of human services.
For all other counties, In the absence of a health
18.13or medical insurance or health plan that has a contractual obligation with the provider or
medical providers shall charge no higher than the rate negotiated between
the county and the provider. In the absence of an agreement between the county and the
provider, the provider may not
no more than the discounted rate the provider
18.17 has negotiated with the nongovernmental third-party payer that provided the most
18.18 revenue to the provider during the previous calendar year an amount that exceeds the
18.19maximum allowed medical assistance payment rate for the service, as determined by
18.20the commissioner of human services
. The county is entitled to reimbursement from the
prisoner for payment of medical bills to the extent that the prisoner to whom the medical
aid was provided has the ability to pay the bills. The prisoner shall, at a minimum, incur
co-payment obligations for health care services provided by a county correctional facility.
The county board shall determine the co-payment amount. Notwithstanding any law to the
contrary, the co-payment shall be deducted from any of the prisoner's funds held by the
county, to the extent possible. If there is a disagreement between the county and a prisoner
concerning the prisoner's ability to pay, the court with jurisdiction over the defendant shall
determine the extent, if any, of the prisoner's ability to pay for the medical services. If
a prisoner is covered by health or medical insurance or other health plan when medical
services are provided, the medical provider shall bill that health or medical insurance or
18.31other plan. If
the county providing the medical services for a prisoner that has coverage
18.32under health or medical insurance or other plan, that county
has a right of subrogation to
be reimbursed by the insurance carrier for all sums spent by it for medical services to the
prisoner that are covered by the policy of insurance or health plan, in accordance with the
benefits, limitations, exclusions, provider restrictions, and other provisions of the policy or
health plan. The county may maintain an action to enforce this subrogation right. The
county does not have a right of subrogation against the medical assistance program or the
general assistance medical care program.
19.4EFFECTIVE DATE.This section is effective July 1, 2011.
Sec. 11. SEX OFFENDER POLICY TASK FORCE.
19.6 Subdivision 1. Creation; duties. (a) A task force is established to study, evaluate,
19.7and analyze issues related to sex offenders. At a minimum, the task force shall examine
19.8and make recommendations on the following issues:
19.9(1) sex offender sentencing, including expanded use of indeterminate sentencing and
19.10implementation of House File 6;
19.11(2) sex offender treatment, both in prison and in the community;
19.12(3) sex offender civil commitment, including less costly alternatives;
19.13(4) the effectiveness in cost and outcomes of the Minnesota Sex Offender Program;
19.14(5) best practices for supervising sex offenders such as intensive supervised release,
19.15specialized caseloads, and other innovative methods, ideal caseload sizes for supervising
19.16agents, and methods to implement this in a manner that does not negatively impact the
19.17supervision of other types of offenders;
19.18(6) sex offender community notification and registration, including the effectiveness
19.19of posting offender information on the Internet; and
19.20(7) any other issues related to sex offender management and treatment that the task
19.21force deems appropriate.
19.22In its evaluation and analysis, the task force shall consider approaches taken by
19.23other states in these areas.
19.24 Subd. 2. Membership. The task force consists of the following members:
19.25(1) the commissioner of public safety, or the commissioner's designee;
19.26(2) the commissioner of corrections, or the commissioner's designee;
19.27(3) the commissioner of human services, or the commissioner's designee;
19.28(4) the chairs and ranking minority members of the house and senate committees
19.29having jurisdiction over public safety finance and human services finance, or their
19.31(5) a county attorney, selected by the Minnesota County Attorneys Association;
19.32(6) one representative from the Board of Public Defense, selected by that board;
19.33(7) a representative of the Minnesota Chiefs of Police Association;
19.34(8) a representative of the Minnesota Sheriffs Association;
20.1(9) a probation officers, selected by the commissioner of corrections; and
20.2(10) a sex offender treatment provider who is privately employed, selected by the
20.3commissioner of human services.
20.4 Subd. 3. Meetings. The commissioner of public safety, or the commissioner's
20.5designee, shall convene the initial meeting of the task force and serve as the chair. The
20.6task force shall meet sufficiently enough to accomplish the tasks identified in this section.
20.7 Subd. 4. Terms; compensation; removal; vacancies. The expiration, membership
20.8terms, removal of members, and filling of vacancies on the task force shall be as
20.9provided in section 15.059. Members shall serve without compensation and expense
20.10reimbursement. The task force expires June 30, 2012.
20.11 Subd. 5. Report. By January 15, 2012, the task force shall submit its report,
20.12including any proposed legislative changes, to the chairs and ranking minority members of
20.13the house of representatives and senate committees with jurisdiction over public safety
20.14policy and finance and human services policy and finance.
20.15EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 12. REPEALER.
20.17Minnesota Statutes 2010, section 363A.36, subdivision 5, is repealed.
20.18EFFECTIVE DATE.This section is effective July 1, 2011.
20.20CORRECTIONAL STATE EMPLOYEES RETIREMENT PLAN I
Section 1. Minnesota Statutes 2010, section 352.90, is amended to read:
It is the policy of the legislature to provide special retirement benefits for and special
contributions by certain correctional employees who may be required to retire at an early
age because they lose the mental or physical capacity required to maintain the safety,
security, discipline, and custody of inmates at state correctional facilities
of patients at
the Minnesota Security Hospital, or
of patients in the Minnesota sex offender program
20.28 of patients in the Minnesota extended treatment options program
Sec. 2. Minnesota Statutes 2010, section 352.91, subdivision 1, is amended to read:
Subdivision 1. Qualifying jobs.
"Covered correctional service" means service
performed by a state employee, as defined in section
, who is
employed at a state
correctional facility, the Minnesota Security Hospital, or the Minnesota sex offender
(1) a corrections officer 1;
(2) a corrections officer 2;
(3) a corrections officer 3;
(4) a corrections officer supervisor;
21.7 (5) (4)
a corrections lieutenant;
a corrections captain;
a security counselor;
a security counselor lead;
21.11 (9) (8)
a corrections canine officer
21.12(9) group supervisor; or
21.13(10) group supervisor assistant.
Sec. 3. Minnesota Statutes 2010, section 352.91, subdivision 3h, is amended to read:
Subd. 3h. Employment occupation name changes.
(a) If the occupational title of a
state employee covered by the Minnesota correctional employees retirement plan changes
from the applicable title listed in subdivision 1,
2, 2a, 3c, 3d, 3e, 3f, or 3g,
coverage by the correctional state employees retirement plan continues until the July 1
next following the title change if the commissioner of management and budget certifies
to the executive director of the Minnesota State Retirement System and to the executive
director of the Legislative Commission on Pensions and Retirement that the duties,
requirements, and responsibilities of the new occupational title are substantially identical
to the duties, requirements, and responsibilities of the prior occupational title.
(b) If the commissioner of management and budget does not certify a new
occupational title under paragraph (a), eligibility for future correctional state employees
retirement coverage terminates as of the start of the first payroll period next following the
effective date of the occupational title change.
(c) For consideration by the Legislative Commission on Pensions and Retirement
during the legislative session next following an occupational title change involving a state
employee in covered correctional service, the commissioner of management and budget
shall submit the applicable draft proposed legislation reflecting the occupational title
change covered by this section.
Sec. 4. MODIFICATION IN CERTAIN POSTRETIREMENT
21.34EMPLOYER-PAID HEALTH INSURANCE COVERAGE.
22.1Notwithstanding any provision to the contrary of any agreement under Minnesota
22.2Statutes, chapter 179A, for any member of the correctional state employees retirement
22.3plan of the Minnesota State Retirement System to be eligible for employer-paid health
22.4insurance coverage after retirement, the person must have at least ten years of covered
22.5correctional service credit under Minnesota Statutes, section 352.91, prior to the
22.6commencement of the retirement annuity under Minnesota Statutes, section 352.93.
22.7EFFECTIVE DATE.This section is effective July 1, 2011.
Sec. 5. REPEALER.
22.9Minnesota Statutes 2010, section 352.91, subdivisions 2, 2a, 3c, 3d, 3e, 3f, 3g, 3i,
22.104a, and 4b, are repealed.
Sec. 6. EFFECTIVE DATE.
22.12Sections 1 to 4 are effective July 1, 2011.
Amend the title accordingly