1.2relating to public safety; providing that funds received for out-of-state offenders
1.3incarcerated in Minnesota are appropriated to the Department of Corrections;
1.4modifying certificates of compliance for public contracts; appropriating money
1.5for public safety, judiciary, corrections, and human rights;amending Minnesota
1.6Statutes 2012, sections 243.51, subdivisions 1, 3; 363A.36, subdivisions 1, 2;
1.7Laws 2011, First Special Session chapter 1, article 1, section 3, subdivision 3;
1.8repealing Minnesota Statutes 2012, section 243.51, subdivision 5.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.10
|
Section 1. SUMMARY OF APPROPRIATIONS.
|
1.11The amounts shown in this section summarize direct appropriations, by fund, made
1.12in this act.
1.13
|
|
|
2014
|
|
2015
|
|
Total
|
1.14
|
General
|
$
|
873,062,000
|
$
|
890,165,000
|
$
|
1,763,227,000
|
1.15
|
Special Revenue
|
|
3,870,000
|
|
3,870,000
|
|
7,740,000
|
1.16
|
Total
|
$
|
876,932,000
|
$
|
894,035,000
|
$
|
1,770,967,000
|
1.17
|
Sec. 2. APPROPRIATIONS.
|
1.18The sums shown in the columns marked "Appropriations" are appropriated to the
1.19agencies and for the purposes specified in this act. The appropriations are from the general
1.20fund, or another named fund, and are available for the fiscal years indicated for each
1.21purpose. The figures "2014" and "2015" used in this act mean that the appropriations
1.22listed under them are available for the fiscal year ending June 30, 2014, or June 30, 2015,
1.23respectively. "The first year" is fiscal year 2014. "The second year" is fiscal year 2015.
1.24"The biennium" is fiscal years 2014 and 2015. Appropriations for the fiscal year ending
1.25June 30, 2013, are effective the day following final enactment.
2.1
|
|
|
|
APPROPRIATIONS
|
2.2
|
|
|
|
Available for the Year
|
2.3
|
|
|
|
Ending June 30
|
2.4
|
|
|
|
|
2014
|
|
2015
|
2.5
|
Sec. 3. SUPREME COURT
|
|
|
|
|
2.6
|
Subdivision 1.Total Appropriation
|
$
|
44,948,000
|
$
|
44,805,000
|
2.7The amounts that may be spent for each
2.8purpose are specified in the following
2.9subdivisions.
2.10
|
Subd. 2.Supreme Court Operations
|
|
32,682,000
|
|
32,539,000
|
2.11(a) Contingent Account.
2.12$5,000 each year is for a contingent account
2.13for expenses necessary for the normal
2.14operation of the court for which no other
2.15reimbursement is provided.
2.16(b) Employer Pension Fund Contribution.
2.17$22,000 each year is for a two percent
2.18increase in the employer pension fund
2.19contribution rate to the judge retirement
2.20plan. These appropriations take effect only if
2.21legislation to increase the employer pension
2.22fund contribution rate by two percent is
2.23enacted into law by July 1, 2013. If the
2.24appropriations do not take effect, this
2.25appropriation cancels to the general fund.
2.26
|
Subd. 3.Civil Legal Services
|
|
12,266,000
|
|
12,266,000
|
2.27Legal Services to Low-Income Clients in
2.28Family Law Matters.
2.29$877,000 each year is to improve the access
2.30of low-income clients to legal representation
2.31in family law matters. This appropriation
2.32must be distributed under Minnesota Statutes,
2.33section 480.242, to the qualified legal
3.1services program described in Minnesota
3.2Statutes, section 480.242, subdivision 2,
3.3paragraph (a). Any unencumbered balance
3.4remaining in the first year does not cancel
3.5and is available in the second year.
3.6
|
Sec. 4. COURT OF APPEALS
|
$
|
10,641,000
|
$
|
11,023,000
|
3.7Employer Pension Fund Contribution.
3.8$55,000 the first year and $57,000 the
3.9second year are for a two percent increase
3.10in the employer pension fund contribution
3.11rate to the judge retirement plan. These
3.12appropriations take effect only if legislation
3.13to increase the employer pension fund
3.14contribution rate by two percent is enacted
3.15into law by July 1, 2013. If the appropriations
3.16do not take effect, this appropriation cancels
3.17to the general fund.
3.18
|
Sec. 5. DISTRICT COURTS
|
$
|
246,334,000
|
$
|
255,991,000
|
3.19Employer Pension Fund Contribution.
3.20$778,000 the first year and $809,000 the
3.21second year are for a two percent increase
3.22in the employer pension fund contribution
3.23rate to the judge retirement plan. These
3.24appropriations take effect only if legislation
3.25to increase the employer pension fund
3.26contribution rate by two percent is enacted
3.27into law by July 1, 2013. If the appropriations
3.28do not take effect, this appropriation cancels
3.29to the general fund.
3.30
|
Sec. 6. GUARDIAN AD LITEM BOARD
|
$
|
12,414,000
|
$
|
12,756,000
|
3.31
|
Sec. 7. TAX COURT
|
$
|
1,011,000
|
$
|
1,011,000
|
3.32(a) Additional Resources.
4.1 $161,000 each year is for two law clerks,
4.2continuing legal education costs, and
4.3Westlaw costs.
4.4(b) Case Management System.
4.5$25,000 each year is for the implementation
4.6and maintenance of a modern case
4.7management system.
4.8
|
Sec. 8. UNIFORM LAWS COMMISSION
|
$
|
147,000
|
$
|
84,000
|
4.9Back Dues.
4.10$63,000 the first year is to pay back dues
4.11owing to the National Conference of
4.12Commissioners on Uniform State Laws.
4.13
|
Sec. 9. BOARD ON JUDICIAL STANDARDS
|
$
|
756,000
|
$
|
456,000
|
4.14(a) Deficiencies.
4.15$300,000 the first year is for deficiencies
4.16occurring in fiscal year 2013. This
4.17appropriation is available for expenditure the
4.18day following final enactment.
4.19(b) Major Disciplinary Actions.
4.20$125,000 each year is for special
4.21investigative and hearing costs for major
4.22disciplinary actions undertaken by the
4.23board. This appropriation does not cancel.
4.24Any encumbered and unspent balances
4.25remain available for these expenditures in
4.26subsequent fiscal years.
4.27
|
Sec. 10. BOARD OF PUBLIC DEFENSE
|
$
|
70,548,000
|
$
|
73,499,000
|
4.28(a) Information Technology Staffing.
4.29$388,000 the first year and $582,000 the
4.30second year are for information technology
4.31staffing.
5.1(b) Public Defense Corporations.
5.2The base budget for public defense
5.3corporations is $1,537,000 each year.
5.4(c) Transcripts.
5.5The base budget for transcript costs is
5.6$500,000 each year.
5.7
5.8
|
Sec. 11. PEACE OFFICER STANDARDS
AND TRAINING BOARD
|
$
|
3,870,000
|
$
|
3,870,000
|
5.9(a) Excess Amounts Transferred.
5.10This appropriation is from the peace officer
5.11training account in the special revenue fund.
5.12Any new receipts credited to that account in
5.13the first year in excess of $3,870,000 must be
5.14transferred and credited to the general fund.
5.15Any new receipts credited to that account in
5.16the second year in excess of $3,870,000 must
5.17be transferred and credited to the general
5.18fund.
5.19(b) Peace Officer Training
5.20Reimbursements.
5.21$2,734,000 each year is for reimbursements
5.22to local governments for peace officer
5.23training costs.
5.24
|
Sec. 12. PRIVATE DETECTIVE BOARD
|
$
|
120,000
|
$
|
120,000
|
5.25
|
Sec. 13. HUMAN RIGHTS
|
$
|
3,297,000
|
$
|
3,297,000
|
5.26Increased Compliance.
5.27$129,000 each year is for two additional
5.28contract compliance officers.
5.29
|
Sec. 14. DEPARTMENT OF CORRECTIONS
|
|
|
|
|
5.30
|
Subdivision 1.Total Appropriation
|
$
|
481,960,000
|
$
|
486,537,000
|
6.1The amounts that may be spent for each
6.2purpose are specified in the following
6.3subdivisions.
6.4
|
Subd. 2.Correctional Institutions
|
|
344,750,000
|
|
348,531,000
|
6.5(a) Chemical Dependency.
6.6$1,300,000 each year is for additional
6.7chemical dependency treatment beds.
6.8(b) Medical Release Planners.
6.9$68,000 the first year and $136,000 the
6.10second year are for two medical release
6.11planners.
6.12(c) MINNCOR.
6.13Notwithstanding Minnesota Statutes, section
6.14241.27, the commissioner of management
6.15and budget shall transfer $1,700,000 each
6.16year from the Minnesota correctional
6.17industries revolving fund to the general fund.
6.18
|
Subd. 3.Community Services
|
|
114,967,000
|
|
115,494,000
|
6.19(a) Probation Supervision, CCA System.
6.20$1,772,000 the first year and $1,773,000 the
6.21second year are added to the Community
6.22Corrections Act subsidy, as described in
6.23Minnesota Statutes, section 401.14.
6.24(b) Probation Supervision, CPO System.
6.25$242,000 each year is for county probation
6.26officers reimbursement, as described
6.27in Minnesota Statutes, section 244.19,
6.28subdivision 6.
6.29
|
Subd. 4.Operations Support
|
|
22,243,000
|
|
22,512,000
|
6.30
|
Sec. 15. SENTENCING GUIDELINES
|
$
|
886,000
|
$
|
586,000
|
6.31Electronic Sentencing Worksheet.
7.1$300,000 the first year is for a transfer to
7.2the Office of Enterprise Technology for an
7.3electronic sentencing worksheet system. This
7.4appropriation is available until expended.
7.5Any ongoing information technology
7.6support or costs for this application shall be
7.7incorporated into the service-level agreement
7.8and shall be paid to the Office of Enterprise
7.9Technology.
7.10 Sec. 16. Minnesota Statutes 2012, section 243.51, subdivision 1, is amended to read:
7.11 Subdivision 1.
Contracting with other states and federal government. The
7.12commissioner of corrections is hereby authorized to contract with agencies and bureaus of
7.13the United States and with the proper officials of other states or a county of this state for
7.14the custody, care, subsistence, education, treatment and training of persons convicted of
7.15criminal offenses constituting felonies in the courts of this state, the United States, or other
7.16states of the United States.
Such The contracts shall provide for reimbursing the state of
7.17Minnesota for all costs or other expenses involved, and, to the extent possible, require
7.18payment to the Department of Corrections of a per diem amount that is substantially equal
7.19to or greater than the per diem for the cost of housing Minnesota inmates at the same
7.20facility. This per diem cost shall be based on the assumption that the facility is at or
7.21near capacity.
Funds received under the contracts shall be deposited in the state treasury
7.22and are appropriated to the commissioner of corrections for correctional purposes. Any
7.23prisoner transferred to the state of Minnesota pursuant to this subdivision shall be subject
7.24to the terms and conditions of the prisoner's original sentence as if the prisoner were
7.25serving the same within the confines of the state in which the conviction and sentence was
7.26had or in the custody of the United States. Nothing herein shall deprive
such the inmate of
7.27the right to parole or the rights to legal process in the courts of this state.
7.28 Sec. 17. Minnesota Statutes 2012, section 243.51, subdivision 3, is amended to read:
7.29 Subd. 3.
Temporary detention. The commissioner of corrections is authorized to
7.30contract with agencies and bureaus of the United States and with the appropriate officials
7.31of any other state or county of this state for the temporary detention of any person in
7.32custody pursuant to any process issued under the authority of the United States, other
7.33states of the United States, or the district courts of this state. The contract shall provide for
7.34reimbursement to the state of Minnesota for all costs and expenses involved, and, to the
8.1extent possible, require payment to the Department of Corrections of a per diem amount
8.2that is substantially equal to or greater than the per diem for the cost of housing Minnesota
8.3inmates at the same facility. This per diem cost shall be based on the assumption that the
8.4facility is at or near capacity.
Funds received under the contracts shall be deposited in the
8.5state treasury and are appropriated to the commissioner of corrections for correctional
8.6purposes.
8.7 Sec. 18. Minnesota Statutes 2012, section 363A.36, subdivision 1, is amended to read:
8.8 Subdivision 1.
Scope of application. (a) For all contracts for goods and services in
8.9excess of $100,000, no department or agency of the state shall accept any bid or proposal
8.10for a contract or agreement from any business having more than 40 full-time employees
8.11within this state on a single working day during the previous 12 months, unless the
8.12commissioner is in receipt of the business' affirmative action plan for the employment of
8.13minority persons, women, and qualified disabled individuals. No department or agency of
8.14the state shall execute any such contract or agreement until the affirmative action plan
8.15has been approved by the commissioner. Receipt of a certificate of compliance issued by
8.16the commissioner shall signify that a firm or business has an affirmative action plan that
8.17has been approved by the commissioner. A certificate shall be valid for a period of
two
8.18 four years. A municipality as defined in section
466.01, subdivision 1, that receives state
8.19money for any reason is encouraged to prepare and implement an affirmative action plan
8.20for the employment of minority persons, women, and the qualified disabled and submit the
8.21plan to the commissioner.
8.22 (b) This paragraph applies to a contract for goods or services in excess of $100,000
8.23to be entered into between a department or agency of the state and a business that is
8.24not subject to paragraph (a), but that has more than 40 full-time employees on a single
8.25working day during the previous 12 months in the state where the business has its primary
8.26place of business. A department or agency of the state may not execute a contract or
8.27agreement with a business covered by this paragraph unless the business has a certificate
8.28of compliance issued by the commissioner under paragraph (a) or the business certifies
8.29that it is in compliance with federal affirmative action requirements.
8.30 (c) This section does not apply to contracts entered into by the State Board of
8.31Investment for investment options under section
352.965, subdivision 4.
8.32 Sec. 19. Minnesota Statutes 2012, section 363A.36, subdivision 2, is amended to read:
8.33 Subd. 2.
Filing fee; account; appropriation. The commissioner shall collect
8.34a
$75 $150 fee for each certificate of compliance issued by the commissioner or the
9.1commissioner's designated agent. The proceeds of the fee must be deposited in a
9.2human rights fee special revenue account. Money in the account is appropriated to the
9.3commissioner to fund the cost of issuing certificates and investigating grievances.
9.4 Sec. 20. Laws 2011, First Special Session chapter 1, article 1, section 3, subdivision 3,
9.5is amended to read:
9.6
|
Subd. 3.Civil Legal Services
|
|
11,016,000
|
|
11,016,000
|
9.7(a) Legal Services to Low-Income
9.8Clients in Family Law Matters. Of this
9.9appropriation, $877,000 each year is to
9.10improve the access of low-income clients to
9.11legal representation in family law matters.
9.12This appropriation must be distributed
9.13under Minnesota Statutes, section
480.242,
9.14to the qualified legal services programs
9.15described in Minnesota Statutes, section
9.16480.242, subdivision 2
, paragraph (a). Any
9.17unencumbered balance remaining in the first
9.18year does not cancel and is available in the
9.19second year.
9.20(b) Case Priorities. For legal services
9.21funded by state funds, priority must be
9.22given to clients with civil matters within the
9.23jurisdiction of the state courts or agencies.
9.24 Sec. 21.
JUDICIAL SALARY INCREASE.
9.25(a) The salaries of Supreme Court justices, Court of Appeals judges, and district court
9.26judges are increased by three percent on July 1, 2013, and by four percent on July 1, 2014.
9.27(b) In addition to the increases specified in paragraph (a), the salaries of Supreme
9.28Court justices, Court of Appeals judges, and district court judges are increased by one
9.29percent on July 1, 2013, if legislation to increase pension fund contribution rates by judges
9.30by one percent has been enacted into law by July 1, 2013. If the salary increases described
9.31in this paragraph do not take effect, the amount necessary to fund this portion of the salary
9.32increase is canceled to the general fund from the appropriations in sections 3 to 5.
10.1 Sec. 22.
INTERAGENCY AGREEMENT.
10.2The commissioner of corrections shall execute an interagency agreement with the
10.3commissioner of human services to pay the medical assistance cost attributable to medical
10.4assistance eligibility for inmates of public institutions admitted to hospitals on an inpatient
10.5basis. The amount that must be paid by the Department of Corrections shall include all
10.6state medical assistance costs, including administrative costs, attributable to inmates under
10.7state and county jurisdiction admitted to hospitals on an inpatient basis.
10.8 Sec. 23.
REPEALER.
10.9Minnesota Statutes 2012, section 243.51, subdivision 5, is repealed.