Minn. Stat. § 244.19
PROBATION SERVICES AND OFFICERS.
Redline — January 1, 2008 → current.View current text →
Current — January 1, 2023
As of January 1, 2008
Subdivision 1. Appointment; joint services; state services.
(a) If a county or group of counties has established a human services board pursuant to chapter 402, the district court may appoint one or more county probation officers as necessary to perform court services, and the human services board shall appoint persons as necessary to provide correctional services within the authority granted in chapter 402. In all counties of more than 200,000 population, which have not organized pursuant to chapter 402, the district court shall appoint one or more persons of good character to serve as county probation officers during the pleasure of the court. All other counties shall provide adult misdemeanant and juvenile probation services to district courts in one of the following ways:
(1) the court, with the approval of the county boards, may appoint one or more salaried county probation officers to serve during the pleasure of the court;
(2) when two or more counties offer probation services the district court through the county boards may appoint common salaried county probation officers to serve in the several counties;
(3) a county or a district court may request the commissioner of corrections to furnish probation services in accordance with the provisions of this section, and the commissioner of corrections shall furnish such services to any county or court that fails to provide its own probation officer by one of the two procedures listed above;
(4) if a county or district court providing probation services under clause (1) or (2) asks the commissioner of corrections or the legislative body for the state of Minnesota mandates the commissioner of corrections to furnish probation services to the district court, the probation officers and other employees displaced by the changeover shall be employed by the commissioner of corrections. Years of service in the county probation department are to be given full credit for future sick leave and vacation accrual purposes;
(5) all probation officers serving the juvenile courts on July 1, 1972, shall continue to serve in the county or counties they are now serving.
(b) The commissioner of finance shall place employees transferred to state service under paragraph (a), clause (4), in the proper classifications in the classified service. Each employee is appointed without examination at no loss in salary or accrued vacation or sick leave benefits, but no additional accrual of vacation or sick leave benefits may occur until the employee's total accrued vacation or sick leave benefits fall below the maximum permitted by the state for the employee's position. An employee appointed under paragraph (a), clause (4), shall serve a probationary period of six months. After exhausting labor contract remedies, a noncertified employee may appeal for a hearing within ten days to the commissioner of finance, who may uphold the decision, extend the probation period, or certify the employee. The decision of the commissioner of finance is final. The state shall negotiate with the exclusive representative for the bargaining unit to which the employees are transferred regarding their seniority. For purposes of computing seniority among those employees transferring from one county unit only, a transferred employee retains the same seniority position as the employee had within that county's probation office.
Subd. 2. Sufficiency of services.
Probation services shall be sufficient in amount to meet the needs of the district court in each county. County probation officers serving district courts in all counties of not more than 200,000 population shall also, pursuant to subdivision 3, provide probation and parole services to wards of the commissioner of corrections resident in their counties. To provide these probation services counties containing a city of 10,000 or more population shall, as far as practicable, have one probation officer for not more than 35,000 population; in counties that do not contain a city of such size, the commissioner of corrections shall, after consultation with the chief judge of the district court and the county commissioners and in the light of experience, establish probation districts to be served by one officer.
All probation officers appointed for any district court or community corrections agency shall be selected from a list of eligible candidates who have minimally qualified according to the same or equivalent examining procedures as used by the commissioner of finance to certify eligibles to the commissioner of corrections in appointing parole agents, and the Department of Finance shall furnish the names of such candidates on request. This subdivision shall not apply to a political subdivision having a civil service or merit system unless the subdivision elects to be covered by this subdivision.
Subd. 3. Powers and duties.
All county probation officers serving a district court shall act under the orders of the court in reference to any person committed to their care by the court, and in the performance of their duties shall have the general powers of a peace officer; and it shall be their duty to make such investigations with regard to any person as may be required by the court before, during, or after the trial or hearing, and to furnish to the court such information and assistance as may be required; to take charge of any person before, during or after trial or hearing when so directed by the court, and to keep such records and to make such reports to the court as the court may order.
All county probation officers serving a district court shall, in addition, provide probation and parole services to wards of the commissioner of corrections resident in the counties they serve, and shall act under the orders of said commissioner of corrections in reference to any ward committed to their care by the commissioner of corrections.
All probation officers serving a district court shall, under the direction of the authority having power to appoint them, initiate programs for the welfare of persons coming within the jurisdiction of the court to prevent delinquency and crime and to rehabilitate within the community persons who come within the jurisdiction of the court and are properly subject to efforts to accomplish prevention and rehabilitation. They shall, under the direction of the court, cooperate with all law enforcement agencies, schools, child welfare agencies of a public or private character, and other groups concerned with the prevention of crime and delinquency and the rehabilitation of persons convicted of crime and delinquency.
All probation officers serving a district court shall make monthly and annual reports to the commissioner of corrections, on forms furnished by the commissioner, containing such information on number of cases cited to the juvenile division of district court, offenses, adjudications, dispositions, and related matters as may be required by the commissioner of corrections.
Subd. 3a.
[Repealed, 1Sp2003 c 2 art 6 s 7 ]
Subd. 4.
[Repealed, 1998 c 367 art 7 s 15 ; 1998 c 408 s 11 ]
Subd. 5. Compensation.
In counties of more than 200,000 population, a majority of the judges of the district court may direct the payment of such salary to probation officers as may be approved by the county board, and in addition thereto shall be reimbursed for all necessary expenses incurred in the performance of their official duties. In all counties which obtain probation services from the commissioner of corrections the commissioner shall, out of appropriations provided therefor, pay probation officers the salary and all benefits fixed by the state law or applicable bargaining unit and all necessary expenses, including secretarial service, office equipment and supplies, postage, telephone and telegraph services, and travel and subsistence. Each county receiving probation services from the commissioner of corrections shall reimburse the department of corrections for the total cost and expenses of such services as incurred by the commissioner of corrections. Total annual costs for each county shall be that portion of the total costs and expenses for the services of one probation officer represented by the ratio which the county's population bears to the total population served by one officer. For the purposes of this section, the population of any county shall be the most recent estimate made by the Department of Health. At least every six months the commissioner of corrections shall bill for the total cost and expenses incurred by the commissioner on behalf of each county which has received probation services. The commissioner of corrections shall notify each county of the cost and expenses and the county shall pay to the commissioner the amount due for reimbursement. All such reimbursements shall be deposited in the general fund. Objections by a county to all allocation of such cost and expenses shall be presented to and determined by the commissioner of corrections. Each county providing probation services under this section is hereby authorized to use unexpended funds and to levy additional taxes for this purpose.
The county commissioners of any county of not more than 200,000 population shall, when requested to do so by the juvenile judge, provide probation officers with suitable offices, and may provide equipment, and secretarial help needed to render the required services.
Subd. 6. Reimbursement of counties.
In order to reimburse the counties for the cost which they assume under this section of providing probation and parole services to wards of the commissioner of corrections and to aid the counties in achieving the purposes of this section, the commissioner of corrections shall annually, from funds appropriated for that purpose, pay 50 percent of the costs of probation officers' salaries to all counties of not more than 200,000 population. Nothing in this section will invalidate any payments to counties made pursuant to this section before May 15, 1963. Salary costs include fringe benefits, but only to the extent that fringe benefits do not exceed those provided for state civil service employees. On or before July 1 of each even-numbered year each county or group of counties which provide their own probation services to the district court under subdivision 1, clause (1) or (2), shall submit to the commissioner of corrections an estimate of its costs under this section. Reimbursement to those counties shall be made on the basis of the estimate or actual expenditures incurred, whichever is less. Reimbursement for those counties which obtain probation services from the commissioner of corrections pursuant to subdivision 1, clause (3), must be made on the basis of actual expenditures. Salary costs shall not be reimbursed unless county probation officers are paid salaries commensurate with the salaries paid to comparable positions in the classified service of the state civil service. The salary range to which each county probation officer is assigned shall be determined by the authority having power to appoint probation officers, and shall be based on the officer's length of service and performance. The appointing authority shall annually assign each county probation officer to a position on the salary scale commensurate with the officer's experience, tenure, and responsibilities. The judge shall file with the county auditor an order setting each county probation officer's salary. Time spent by a county probation officer as a court referee shall not qualify for reimbursement. Reimbursement shall be prorated if the appropriation is insufficient. A new position eligible for reimbursement under this section may not be added by a county without the written approval of the commissioner of corrections. When a new position is approved, the commissioner shall include the cost of the position in calculating each county's share.
Subd. 7. Certificate of counties entitled to state aid.
On or before January 1 of each year, until 1970 and on or before April 1 thereafter, the commissioner of corrections shall deliver to the commissioner of finance a certificate in duplicate for each county of the state entitled to receive state aid under the provisions of this section. Upon the receipt of such certificate, the commissioner of finance shall draw a warrant in favor of the county treasurer for the amount shown by each certificate to be due to the county specified. The commissioner of finance shall transmit such warrant to the county treasurer together with a copy of the certificate prepared by the commissioner of corrections.
Subd. 8. Exception.
This section shall not apply to Ramsey County.
Subdivision 1. Probation services; how provided for CPO and non-CPO jurisdictions.
(a) If a county or Tribal Nation is not a Community Corrections Act jurisdiction under chapter 401, the county must, or the Tribal Nation may, provide adult misdemeanant and juvenile probation services to district courts according to subdivision 1b.
(b) This section applies to CPO and non-CPO jurisdictions.
Subd. 1a. Definitions.
(a) For purposes of this section, the terms defined in this subdivision have the meanings given them.
(b) "CPO jurisdiction" means:
(1) a county or Tribal Nation providing probation services under subdivision 1b, paragraph (b); or
(2) a group of counties or Tribal Nations providing probation services under subdivision 1b, paragraph (c).
(c) "Non-CPO jurisdiction" means a county, Tribal Nation, group of counties, or group of Tribal Nations receiving probation services under subdivision 1b, paragraph (d).
(d) "Tribal Nation" means a federally recognized Tribal Nation within the boundaries of the state of Minnesota.
Subd. 1b. CPO and non-CPO jurisdictions; establishment.
(a) Adult misdemeanant and juvenile probation services for CPO and non-CPO jurisdictions must be provided according to this subdivision.
(b) The court, with the approval of the county boards or respective Tribal Nation governments, may appoint one or more salaried county or Tribal probation officers to serve at the pleasure of the court.
(c) If two or more counties or Tribal Nations offer probation services, the district court through the county boards or respective Tribal Nation governments may appoint common salaried county or Tribal probation officers to serve in the counties or Tribal Nations, or both, if applicable.
(d) A county or Tribal Nation may request the commissioner of corrections to furnish probation services in accordance with this section, and the commissioner must furnish the services to any county or Tribal Nation that fails to provide its own probation officer according to paragraph (b) or (c).
(e) If a county or Tribal Nation providing probation services under paragraph (b) or (c) asks the commissioner to furnish probation services or the legislature mandates the commissioner to furnish probation services, the probation officers and other employees displaced by the changeover must be employed by the commissioner at no loss of salary. Years of service in the county or Tribal probation department are to be given full credit for future sick leave and vacation accrual purposes. This paragraph applies to the extent consistent with state and Tribal law.
(f) If a county or Tribal Nation receiving probation services under paragraph (d) decides to provide the services under paragraph (b) or (c), the probation officers and other employees displaced by the changeover must be employed by the county or Tribal Nation 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. This paragraph applies to the extent consistent with state and Tribal law.
(g) In accordance with this section, a Tribal Nation may elect to provide probation services to the following individuals in any Tribal Nation or county in which the individuals reside:
(1) an individual who is enrolled or eligible to be enrolled in a Tribal Nation; and
(2) an individual who resides in an enrolled member's household.
Subd. 1c. Community supervision funding; eligibility for funding formula.
(a) A CPO jurisdiction:
(1) must collaborate with the commissioner to develop a comprehensive plan under section 401.06 ; and
(2) is subject to all applicable eligibility provisions under chapter 401 necessary to receive a subsidy under section 401.10 .
(b) A non-CPO jurisdiction is eligible to receive a subsidy under section 401.10 but is not a Community Corrections Act jurisdiction under chapter 401, and the commissioner:
(1) is appropriated the jurisdiction's share of funding under section 401.10 for providing probation services; and
(2) may seek reimbursement from the jurisdiction according to subdivision 5a.
Subd. 1d. Commissioner of corrections; reimbursing CPO and non-CPO jurisdictions.
As calculated by the community supervision formula under section 401.10 , the commissioner must:
(1) reimburse a CPO jurisdiction for the cost that the jurisdiction assumes under this section for providing probation services, including supervising juveniles committed to the commissioner of corrections; and
(2) reimburse a non-CPO jurisdiction for the commissioner's provision of probation services to the jurisdiction under this section.
Subd. 1e. Commissioner of management and budget.
(a) The commissioner of management and budget must place employees transferred to state service under subdivision 1b, paragraph (e), in the proper classifications in the classified service. Each employee is appointed without examination at no loss in salary or accrued vacation or sick leave benefits, but no additional accrual of vacation or sick leave benefits may occur until the employee's total accrued vacation or sick leave benefits fall below the maximum permitted by the state for the employee's position.
(b) An employee appointed under subdivision 1b, paragraph (e), must serve a six-month probationary period. If an employee is not certified after the probationary period, the employee may appeal for a hearing within ten days to the commissioner of management and budget, who may uphold the decision not to certify, extend the probationary period, or certify the employee. An employee may not appeal the commissioner's initial decision until after exhausting labor contract remedies, and the commissioner's decision is final after appeal.
(c) The state must negotiate the employees' seniority with the exclusive representative for the bargaining unit to which the employees are transferred. For purposes of computing seniority among those employees transferring from one county unit only, a transferred employee retains the same seniority position as the employee had within that county's probation office.
Subd. 1f. Tribal Nations; sovereignty; state consultation.
(a) Nothing in this chapter relating to probation services is intended to infringe on the sovereignty of a Tribal Nation. Notwithstanding any other law to the contrary and to the extent consistent with a Tribal Nation's sovereignty, a Tribal Nation is subject to the same requirements and has the same authority as a county providing or receiving probation services under this section.
(b) The Department of Corrections and Minnesota Management and Budget must consult with Tribal Nations and offer guidance as necessary to implement and fulfill the purposes of this chapter.
Subd. 2.
MS 2022 [Repealed by amendment, 2023 c 52 art 17 s 4 ]
Subd. 3. Probation officers; powers and duties.
All county and Tribal Nation probation officers serving a district court:
(1) must:
(i) act under the orders of the court in reference to any person committed to their care by the court;
(ii) provide probation services, including supervising juveniles committed to the commissioner of corrections, for all individuals on probation who reside in the counties and Tribal Nations that the officers serve;
(iii) act under the orders of the commissioner in reference to any juvenile committed to their care by the commissioner;
(iv) under the direction of the authority having power to appoint them, initiate programs for the welfare of persons coming within the jurisdiction of the court to prevent delinquency and crime and to rehabilitate within the community persons who come within the jurisdiction of the court and are properly subject to efforts to accomplish prevention and rehabilitation; and
(v) under the direction of the court, cooperate with all law enforcement agencies, schools, child welfare agencies of a public or private character, and other groups concerned with preventing crime and delinquency and rehabilitating persons convicted of crime and delinquency;
(2) in the performance of their duties have the general powers of a peace officer; and
(3) are responsible for:
(i) investigating any person as may be required by the court before, during, or after the trial or hearing and furnishing to the court information and assistance as may be required;
(ii) supervising any person before, during, or after trial or hearing when directed by the court; and
(iii) keeping records and making reports to the court as the court may order.
Subd. 3a.
[Repealed, 1Sp2003 c 2 art 6 s 7 ]
Subd. 4.
[Repealed, 1998 c 367 art 7 s 15 ; 1998 c 408 s 11 ]
Subd. 5. Commissioner compensation to non-CPO jurisdiction.
For a non-CPO jurisdiction, the commissioner must, out of appropriations provided under subdivision 5a, paragraph (b), pay probation officers the salary and all benefits fixed by the state law or applicable bargaining unit and all necessary expenses, including secretarial service, office equipment and supplies, postage, telephone services, and travel and subsistence.
Subd. 5a. Department of Corrections billing; CPO and non-CPO jurisdiction reimbursement.
(a) At least every six months, the commissioner must bill for the total cost and expenses incurred by the commissioner on behalf of each non-CPO jurisdiction that has received probation services. The commissioner must notify each non-CPO jurisdiction of the cost and expenses, and the jurisdiction must pay to the commissioner the amount due for reimbursement.
(b) Each CPO and non-CPO jurisdiction must reimburse the Department of Corrections for the total cost and expenses of the probation services as incurred by the commissioner, excluding the cost and expense of services provided under the state's obligation for adult felony supervision in section 244.20 . Money received under this paragraph from a non-CPO jurisdiction must be annually appropriated to the commissioner for providing probation services to the jurisdiction.
(c) Objections by a non-CPO jurisdiction to all allocation of cost and expenses must be presented to and determined by the commissioner.
(d) In addition to the billing and reimbursement requirements under this section, invoicing and payments for probation services are as provided under sections 401.14 and 401.15 .
Subd. 5b. Office assistance.
The county commissioners of any county of not more than 200,000 population shall, when requested to do so by the juvenile judge, provide probation officers with suitable offices, and may provide equipment, and secretarial help needed to render the required services.
Subd. 6.
MS 2022 [Repealed by amendment, 2023 c 52 art 17 s 4 ]
Subd. 7.
MS 2022 [Repealed by amendment, 2023 c 52 art 17 s 4 ]
Subd. 8.
MS 2022 [Repealed by amendment, 2023 c 52 art 17 s 4 ]
Official source: Minnesota Office of the Revisor of Statutes. Reproduced from public-domain Minnesota statutes; confirm against the official source for the current text. Not legal advice.