Benefits clarification for community corrections employees

A bill for an act

relating to corrections; clarifying benefits for community corrections employees;

requiring a report; appropriating money; amending Minnesota Statutes 2024,

section 401.04.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 401.04, is amended to read:

401.04 ACQUIRING PROPERTY; SELECTING ADMINISTRATIVE

STRUCTURE; EMPLOYEES.

Subdivision 1.

County and Tribal Nation authority.

Any county or Tribal Nation

electing to become a CCA jurisdiction may:

(1) acquire by any lawful means, including purchase, lease, or transfer of custodial

control, the lands, buildings, and equipment necessary and incident to accomplishing the

purposes of this chapter;

(2) determine and establish an administrative structure best suited to the efficient

administration and delivery of correctional services;
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and
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(3) employ a director and other officers, employees, and agents as deemed necessary to

implement this chapter
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.
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; and
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(4) file, with the commissioner of corrections, a resolution adopted by the county board.

The resolution must state the county's intent to assume jurisdiction under this chapter and

must specify the effective date of the transition. The transition is effective on the date stated

in the resolution, unless subsequently amended by a county.

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Subd. 2.

Providing for displaced employees.

(a) To the extent that a county assumes

and takes over state and local correctional services presently provided in the county, the

probation officers and other employees displaced by the changeover must be employed by

the county at no loss of salary. Years of service in the state are to be given full credit for

future sick leave and vacation accrual purposes.

(b) If an officer or other employee is hired by a county, employment must, to the extent

possible and notwithstanding any other law to the contrary, be deemed a transfer in grade
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with all of the benefits enjoyed by the officer or employee
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for purposes of job classification

and rate of pay
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while in the service of the state or local correctional service.

(c) State or local employees displaced by county participation in the subsidy program

are on layoff status and, if not hired by a participating county as provided under this

subdivision, may exercise their rights under layoff procedures established by law or

collective-bargaining agreement, whichever is applicable.

(d) State or local officers and employees displaced by a county's participation in the

Community Corrections Act and hired by the participating county retain all fringe benefits

and recall from layoff benefits accrued by seniority and enjoyed by them while in the service

of the state.

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(e) The state is responsible for payment of any accrued or earned benefits established

under a collective bargaining agreement that were accumulated during state employment

before a county assumed jurisdiction under this chapter. A county that assumes jurisdiction

under this chapter is not liable for the accrued or earned benefits accumulated under state

employment and is not required to recognize, credit, or transfer accrued or earned benefits

accumulated while in service to the state.

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(f) A county is responsible for payment of any accrued or earned benefits established

under a collective bargaining agreement that were accumulated during county employment

before the state assumed jurisdiction under this chapter. When the state assumes jurisdiction

under this chapter, the state is not liable for the accrued or earned benefits accumulated

under county employment and is not required to recognize, credit, or transfer the accrued

or earned benefits accumulated while in service to the county.

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(e)
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(g)
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This subdivision applies to the extent consistent with state and Tribal law.

Sec. 2.
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APPROPRIATION; REIMBURSEMENT FOR TRANSITIONED COUNTIES.
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Subdivision 1.

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Appropriation.

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$150,000 in fiscal year 2027 is appropriated from the

general fund to the commissioner of revenue for distributions to counties that have

transitioned to a Community Corrections Act (CCA) jurisdiction on or after August 1, 2023.

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Subd. 2.

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Purpose.

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Distribution money must be used to reimburse eligible counties for

fringe benefit costs paid by the county that are attributable to state collective bargaining

agreements, including but not limited to accrued vacation, sick leave, severance, or other

benefits earned under state employment before the county transitioned to a CCA jurisdiction.

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Subd. 3.

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Application and award.

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(a) A county seeking reimbursement under this section

must submit a request to the commissioner of revenue in the form and manner prescribed

by the commissioner.

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(b) The request must include documentation of the fringe benefit costs incurred as a

result of the county's transition to a CCA jurisdiction.

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(c) The commissioner must review applications and must award distributions to reimburse

verified eligible costs, subject to the availability of appropriated money.

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Subd. 4.

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Report.

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By January 15, 2028, the commissioner of revenue must report to the

chairs and ranking minority members of the legislative committees with jurisdiction over

corrections policy and finance on the awards made under this section, including the counties

that received money and the total amounts reimbursed.

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