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S.F. No. 2188 - Various Correctional Provisions (First Engrossment)
 
Author: Senator Warren Limmer
 
Prepared By: Chris Turner, Senate Fiscal Analyst (651/296-4350)
 
Date: March 18, 2019



 

Section 1 clarifies that the Department of Corrections Fugitive Apprehension Unit can perform general law enforcement duties upon the request of a law enforcement agency, subject to the Unit’s availability and resources.

Section 2 is a conforming amendment.

Sections 3 and 7 address how counties are charged for the costs of confining juveniles at MCF-Red Wing.  Under current law, Minnesota has two conflicting statutes governing the amount counties are charged for these costs.  Minnesota Statutes, section 401.13, enacted in 1973, states that Community Corrections Act counties must pay the actual cost of confinement, excluding education costs.  Section 242.192, enacted in 1997, states that all counties are responsible for 65 percent of the cost of confinement, excluding education costs.  The latter has been the controlling statute for the last 20 years.  Section 7 repeals section 401.13.  Section 3 strikes the requirement in section 242.192 that the Commissioner of Corrections set the Red Wing per diem at a price that balances expense and revenue over a two-year period.

Section 4 authorizes county probation officers to supervise adult felons under certain circumstances as requested by the court.  Prohibits the displacement of Department of Corrections (state) probation officers.

Section 5 is a conforming amendment.

Section 6 creates local correctional officer disciplinary procedures.  Modeled on procedures already in place for state correctional officers in section 241.026, it expands and strengthens the rights granted in that section and codifies the local correctional officer procedures in section 641.061.

Subdivision 1 provides definitions for the purposes of this section.

Subdivision 2 provides that this section is applicable to local correctional officers.

Subdivision 3 provides that formal statements of correctional officers must comply with subdivisions 4 to 15.

Subdivision 4 provides that formal statements must take place at the facility of the employing or investigating agency, or a site agree upon by the investigator, the investigatee, and the investigatee’s exclusive representative.

Subdivision 5 requires that a written signed complaint be filed and a summary of the allegations supplied to the accused correctional officer before the officer is obligated to provide a formal statement.

Subdivision 6 requires disclosure of the names of witnesses, the anticipated testimony of witnesses, witness statements, and investigative reports, prior to administrative disciplinary hearings.

Subdivision 7 requires formal statements of correctional officers to be taken during their regular shift or be paid overtime for the session.  Authorizes the officer’s exclusive representative to be present.

Subdivision 8 requires that sessions be recorded and that complete copies of the recordings be provided to the correctional officer.

Subdivision 9 authorizes a correctional officer providing a formal statement to have both an attorney and union representative present.

Subdivision 10 requires that before an officer’s formal statement is taken, the officer be advised in writing or on the record that admissions made in a formal statement may be used as evidence against the officer.

Subdivision 11 prohibits employers from requiring an officer to produce or disclose personal financial records without a search warrant or subpoena.

Subdivision 12 prohibits local correctional facilities from publicly releasing photographs of an officer without the written permission of the officer.

Subdivision 13 prohibits placement of a disciplinary letter or reprimand in an officer’s personnel record unless the officer has been given a copy of the letter or reprimand.

Subdivision 14 provides that no officer may be discharged, disciplined, or threatened with discharge or discipline as retaliation by reason of the officer’s exercise of the rights provided by this section.

Subdivision 15 provides that the rights of officers in this section are in addition to and do not diminish the rights of officers that are provided under an applicable bargaining agreement.

Section 7 repeals section 383A.404, the special law for Ramsey County under which its Community Corrections Department operated from 1923 until the passage of the Community Corrections Act in 1973.  Since then, Ramsey County Community Corrections Department has been governed by Minnesota Statutes, chapter 401, like every other Community Corrections Act county in the state.   Also repeals section 401.13 (see discussion under section 3).

 
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