Public Safety Finance and Policy Notes: March 28 (omnibus walk-through)

By: Cirien Saadeh

House File 2890: Omnibus public safety finance and policy bill (House File 2890)

Meeting: March 28

Chair Kelly Moller (DFL – District 40A)

  • Opens meeting by acknowledging that “we made it to omnibus week” 
  • Shares “outline and expectations for the week”
    • 3/28: House Counsel will walk through the DE Amendment and the fiscal spreadsheet
      • Public testimony will be accepted on the bill
      • No official action on bill
    • 3/30: Markup Day, DE amendment will be adopted and other amendments will be taken up, as necessary
      • 3/29: Amendment deadline 
      • 3/30: Bill will be voted out of committee
        • No additional public testimony on Thursday
  • Gives a broad overview of House File 2890 contents
  • “When we started this committee I said that one thing that was really important for us was the fact that people lacked confidence in our public safety system. When we don’t have a system that people trust, victims don’t report crimes, witnesses don’t come forward, people that are supposed to be held accountable aren’t, and we have a problem. And we have a lot of work to do in this committee and we have done a lot of work to try and rebuild that trust in our system. And I really, truly believe that this bill does that in a transformational way.”
  • “This bill has substantial funding for victims. We have over $70 million allocated to victims including closing the federal gap that’s coming, the missing and murdered Black women and girls office, sexual assaults, rape kit testing moving from counties to the state level. And that doesn’t include additional grant funding that’s available for those programs. For law enforcement we have over $100 million allocated. We have got the violent crime reduction initiative with the BCA to help local communities with increase in violent crimes. We have a really important police recruitment bill that’s included in this and we’re caring about mental health of our first responders with the bill. We have a transformational funding to our probation and rehabilitation systems.” 
  • “We understand that for people who are in the system we must give them the right sorts of services and help and treatment in order to be productive members of society again. And we also want to incentivize people to do those things who are incarcerated through programs like MRRA. We’re also recognizing and addressing safety needs of our facilities. We’re addressing collateral consequences and post-conviction issues through the Clean Slate Act and prosecutor-initiated resentencing. We’re addressing local emergencies. We also have got accountability built into this bill. We have funded post-investigators at the level that the ALJ recommended when the rules were revised to make sure that when there are complaints they are properly investigated. We are funding the Governor’s request for a state fraud unit to make sure that the funding that we are allocating, that is being allocated in the state, is being used properly. We’ve got funding for the Private Detective Board bill that we just heard last week to make sure that people who are acting as private detectives that aren’t licensed, that we are able to look into that and fix that problem.”
  • “We have all kinds of things related to current crimes that we are facing in society and modernization of our system. We’ve got massive violence prevention in our bill because we know that preventing crime and preventing violence is really important in the overall package of public safety that we’re talking about. We’re addressing the fentanyl issue, organized retail theft, we have hate crimes, labor trafficking, qualified domestic violence offenses, and we have some provisions related to carjacking.” 
  • “Our juvenile system is broken and I think what we have in this bill is a great first step, there are other things that we can be doing.”
    • Names some of the juvenile system-related elements of the public safety omnibus bill 
  • “As I mentioned, we have a substantial investment in violence prevention. We know that there is good community work being done and we want to lift that up and continue that work to prevent violence. And also we want to prevent gun violence. We have the criminal background check bill in this, extreme risk protection orders, the bill that increases penalties for auto sears, and then some funding for gun violence research.”
  • “This really is a transformational bill and I think it covers all aspects of our public safety system and I am ready to get into the discussion and hear from our testifiers today.” 

John Walz, House Fiscal Staff

  • Walks legislators through this spreadsheet
  • “For those of you who are not familiar with how some of these spreadsheets are laid out, each little box represents a small agency or, what we call, a program or an office within a larger agency. The top line will represent their base funding, then you will have additions to that funding that are proposed in the bill, and then the new total at the bottom of each box.”
  • “For example, on Line 2 we have the Sentencing Guidelines Commission. Their base is Line 2: $765,000/year. We add to that an initiative called maintain current service levels. You’ll see this throughout the spreadsheet and that is essentially additional money for salary increases, health insurance increases, rent, and other small items  at each agency or program. So Line 5 adds $26,000 in the first year and $54000 in the second year for those types of needs. On Line 6, Sentencing Guidelines requested money to expand analysis of sentencing related data. We provide $125000 in the first year and $124000 ongoing for that. There is, on Line 7, improve fiscal transparency, a $50,000 addition to allow the agency to purchase human resources and other services through the Smart Teams which are small agency resource teams provided, I believe, by Administration. On Line 8, fully integrate with the court system. This is an IT request for $340,000 in Fiscal year 24 and $348,000 in 2025 with $78000 a year ongoing in 26 and 27. And then we have a comprehensive review of sentencing guidelines. This is a two-year project which would add one person, temporarily. It’s $243,000 in the first year and $147,000 in Fiscal 25 and this would bring Sentencing Guidelines’ new total to $1.549 in 24, $1.488 in Fiscal Year 25. Some of  that money is temporary and, so you see in the tails column for 26 and 27, their ongoing new base is $1.071 million per year.”
  • About public safety: “Their first program is homeland security and emergency management. You can see on Line 16 and Line 17 there are two different funds there and those are their base amounts, that’s what’s already built into their budget and so we move down to Line 19, maintain current service levels. There’s an addition of $440,000 for the biennium. That’s again salary, insurance, and other inflationary needs. On Line 21 we had $300,000/year for the school safety center request. On Line 22, House File 2078 for supplemental security grants, $250,000 a year for two years. On Line 23, House File 1273, emergency management grants – that is $2 million per year for two years. On Line 24, House File 1075, emergency radio grants – this is $1 million per year for two years. And on Line 25…”
    • Interrupts himself to clarify with the Chair that two-year funding “was a function of our target where we were provided money to fund items in this biennium but did not have money to support them ongoing and so you may see this repeated throughout the spreadsheet.” 
  • “On Line 25, House File 1617 – a Grand Portant Emergency Management Coordinator, $145000/year ongoing. On Line 26, House File 1948, Chippewa Coast Guard equipment purchased – $3 million in Fiscal Year 2024 only. On Line 27, House File 41, a Fusion Center Report of $115,000 ongoing to report on the Fusion Center’s activities.”
    • Clarifies that Fusion Center placed incorrectly on spreadsheet and may be moved to BCA section in the future
    • Continues clarifying pertinent numbers
  • About the Bureau of Criminal Apprehension. “You see their base funding. Moving down to the additions. Maintain current service levels, we add $9.2 million in 24, $11.4 million in 25 for salary and insurance needs. We add on Line 43 the Use of Force Investigations Unit, that is $4.4 million per year addition, that also is ongoing funding. For FBI Compliance, critical IT and cybersecurity, on Line 50, we add $3 million in 24, $2 million in 25, and that is the ongoing amount into the future. On Line 51, the Chair mentioned a new State Fraud Unit of $1.3 million ongoing. On Line 54, House File 1279, this would be reimbursements for the state to pick up the cost of sexual assault exams – that $3.967 million in 24, $3.767 million in Fiscal year 25. On Line 55, we have House File 2034 – this is a time limit for the processing of sexual assault exam kits. The fiscal note identified that the BCA would need lab techs and so the funding is provided to meet that need and comply within the time limit. $440000 in Fiscal Year 2024 and $380000/year ongoing. On Line 56, House File 2023, the Clean Slate Act – there is some work that the BCA needs to do with the records system. It’s $3.737 million in Fiscal year 2024 and $190,000 a year ongoing. On Line 57, costs related to systems work for gun purchase background checks, House File 14, that is $70,000 in Fiscal Year 2024 only. And on Line 58, House File 15, Gun Storage Grants, the bill provided $250,000 a year in 2024.”
  • About the Fire Marshall:
    • Describes their base from both general revenue and special revenue fund 
    • Says that the bill adds money for “maintaining current service levels,” as well as additional staffing, hazardous materials response and bomb squad 
  • About the Board of Firefighter Training
    • Base of $6.175 million per year
    • No additions to that base
  • Gambling and Alcohol Enforcement
    • Describes the Base funding
    • Money added to maintain current survive levels 
  • Office of Justice Programs
    • Describes base
    • To their base, they add “money for maintaining current service levels. 
    • “We add $11 million a year to fill the Federal Victims of Crime funding gap. That is also ongoing.”
    • “On Line 108, we add the Office’s request for additional OJP staffing. This will fund about 11 new positions. $660,000 in 24 and $1.334 million in Fiscal Year 25 and ongoing.”
    • “We add $1.25 million for domestic and sexual violence housing on Line 109 and on Line 110 we establish the Murdered and Missing African American Women’s Office and that is $1.248 million per year.”
    • “There is $500,000 a year for House File 46, Office of Juvenile Restorative Justice.”
    • “On Line 118, also from House File 46 we have dual status youth programs for a million dollars per year.”
    • “On Line 120 House File 600, Ramsey County Juvenile Treatment Homes, $5 million one-time to purchase and rehabilitate  treatment homes. On Line 121, House File 600, Ramsey County Violence Prevention, $1.25 million for ongoing grants to run those homes.”
    • “On Line 122 we have House File 1048, youth intervention grants – $7.5 million per year increase to those grants.”
    • “On Line 123 we have House File 25, community co-responder grants. We have $3 million per year in this biennium and $4.5 million on going beginning in Fiscal Year 2026.“
    • “On Line 124, House File 1836, we have $100,000 a year for two years for prosecutor training.”
    • “On Line 125, House File 818, violence research grants is $250,000 a year ongoing.” 
    • “On Line 126, House File 1415, we have developing a first responder mental health curriculum, that is $25,000 one time. 
    • “On Line 127, House File 506, first responder therapy, at $100,000 in Fiscal year 2024.” 
    • “On Line 128, House File 610, we have peer-to-peer therapy, in Fiscal Year 2024 of $250,000. That is a one-time grant.”
    • “On line 129, House File 2294 is a substance abuse study. It is $118,000 for two years.”
    • “On Line 130, House File 2251, the Children’s Legal Defense is a two year grant at $150,000 per year.”
    • “On Line 131, House File 1103, first responder mental health is a million a year ongoing. Line 132, House File 2295, a pretrial release study is $250,000 for two years.” 
    • About Emergency Communication Networks
      • Describes base funding
      • Adds $7 million one-time appropriation for “next generation funding to locals”
    • About Public Safety Administration
      • Describes base funding, as described through Transportation Finance Committee – “We are funding programs in that area but do not carry their base.” 
      • “On Line 157 we have the expansion of the Line of Duty Benefit, there is the addition of $1.5 million ongoing, and also in Fiscal Year 2023, a $1 million addition to make up for a shortfall they have against current claims against that fund.”
      • “On Line 158 the Soft Body Armor Expansion, we add $1 million per year to that program.”
    • About POST Board
      • Describes base funding, $11.5 million per year
      • Maintain current survive levels: 54,000 the first year, $105,000 the second year and ongoing
      • Additional staffing: $1.45 million in the first year and $1.2 ongoing – “This will fund, I believe, an additional 8 staff.” 
      • Space needs and business operation: an addition of $228,000 in Fiscal Year 24 and $30,000 in FY 25 and ongoing
    • About the Private Detectives Board
      • Describes base funding, $288,000
      • Staffing addition: $460,000 the first year, $380,000 the second year and ongoing – funds four additional positions
      • Maintaining current service levels: $30,000 for the biennium
    • Department of Corrections: Incarceration and Pre-Release Services
      • Describes funding to meet their base and current funding deficiencies and obligations
      • Maintain current services levels: $108 million for the biennium
      • Prison population increase: “This was an unforeseen increase in the number of commits to the Department of Corrections that was not currently funded at the level needed in their base, so we add $10 million for the biennium  for that request.”
      • Body-worn cameras for DOC employees: $1 million per year ongoing
      • Prison Rape Elimination Act (additional staffing): $1 million per year ongoing
      • Armor Radio System upgrades, required by the DOC: $1.5 per year ongoing
      • Fugitive Apprehension Unit: $999,000 in 2024 and $1.865 in FY25
    • Department of Corrections: Health Services
      • 24/7 nursing in 5 facilities: $3.6 million addition for the biennium
    • Department of Corrections: Transformational Education
      • Additional education staffing: $5.4 million addition for the biennium, $2.9 million ongoing
    • Department of Corrections: Family Stabilization and Support
      • “To bring down the cost of offender phone calls, $2 million a year in ongoing funding.” 
      • House File 424, Qualified Domestic Orders: $66,000 for the biennium 
      • House File 615 for increased penalties for fentanyl crimes – a “small [prison] bed impact” 
      • Aiding and Abetting Felony Murder: “This would result in, I believe, the release of some people so you’re seeing a savings in prison beds.” 
      • House File 450, “Organized Retail Theft” – an additional “bed impact” of $1.3 million for the biennium
      • House File 2167, Supportive Art – $150,000 in one-time funding
    • Community Supervision and Post-Release Services: Increase Funding for Community Supervision
      • Base is described
      • Maintaining current service levels: an addition of $5.888 million 
      • Increased Funding for Community Supervision: “As the Chair mentioned, this would add money to the three delivery systems and is similar to what the Governor has in his funding. However there is an amendment forthcoming that will change both the funding formula and the delivery systems at a later date. But this represents roughly the funding that will be added.”
        • Currently a DOC probation increase of $11.5 million for the biennium
        • CPO: $10.74 million for the biennium
        • CCA: $64.104 million for the biennium
        • $5.5 million for tribal supervision
        • $10 million for the biennium for community supervision grants and an administrator position
        • $532,000 for the biennium is DOC-requested funding for Successful Re-entry for Public Safety program 
        • Ongoing sex offender treatment: $2.4 million per year
        • Public Safety through Stable Housing: DOC-requested funding, $2.13 million per year
    • Community Supervision and Post-Release Services: Pathways to Employment
      • House File 1134, a local study for jail capital improvements: $150,000 in FY 2024 only
      • House File 46 moves JDAI from DOC to  MNSCU so there’s a subtraction of $500,000 per year in the Department of Corrections, later added to MNSCU
      • House File 147, Alternatives to Incarceration Mower County, $160,000 ongoing
      • House File 2282, related to the work release program, $500,000 per year ongoing
      • House File 824, related to county discharge planning and a position to oversee that work, $1.080 million ongoing
    • Organizational, Regulatory, and Administrative Services
      • “Central office for the DOC” 
      • Base is $31,700,000 
      • Maintaining current service levels: $30,800,000
      • Request for Public Safety Data Infrastructure: $1 million per year ongoing
      • Indeterminate Sentence Release Board: $40,000 per year
      • Clemency Review Commission: $986,000 per year
    • Ombudsman for Corrections
      • Describes base and cost of maintaining current service levels
    • Describes costs as related to other agencies
      • “Includes bills included in the DE Amendment but required funding to agencies outside of this committee.”
        • House File 1406 – aiding and abetting felony murders, one time cost for representation at the public defender that is $750,000 in FY 2024 only
        • House File 46 – appropriation to MNSCU to move JDAI from the DOC – $500,000 per year ongoing
        • House File 15 – Extreme Risk Protection Orders – to the Supreme Court for the cost of hearings – $91,000 in FY24 and $182,000 ongoing
        • House File 2253 – Use of Force Trainings – appropriation goes to the Office of Higher Education
    • Describes various funding transfers from the General Fund to other accounts
    • Bill is neither over not under the allotted budget target 
    • Fiscal impacts to other funds described 
  • Chair Moller describes small corrections to budget that will be seen in the actual bill

Ben Johnson, House Legislative Analyst 

  • Provides high-level look at the bill, discusses Articles 1-7
  • Goes article and section – noting which articles and sections come from or refer to specific bills and any changes made to the original bill language
  • Some bills or provisions discussed in the bill include:
    • Bill establishes an Office of Restorative Practices – House File 46 
    • A requirement by the Office of Missing and Murdered Indigenous Relatives to include information about the new reward fund in its annual report 
    • Establishes the Office of Missing and Murdered Black Women – House File 55
    • Establishes a State Fraud Unit in the BCA – House File 2890 
    • Requirement for testing sexual assault kids in 90 days – House File 2034 
    • Requires the BCA to operate a Missing Persons Alert Program – House File 55
    • Establishes a reward fund for Missing and Murdered Indigenous Relatives
    • Repeals the sunset on the Independent Use of Force Investigations Unit in the BCA
    • Requires a report from the Sentencing Guidelines Commission on prosecutor-initiated resentencing 
    • Establishes the prosecutor-initiated sentencing adjustment 
    • Bill discusses various expungement changes and provisions
    • Bill discusses changes to clemency reform 
    • Prohibits no-knock warrants

Jeffrey Diebel, House Legislative Analyst

  • Says he’s going to do a quick overview noting which bills are in each article of the bill, begins discussion with Article 8
  • Article 8 – Policing and Private Security
    • 8 bills contained in this article including various hate crimes legislation and peace officer discipline and education bills
  • Article 9 – Corrections and Policy
    • 10 bills included including a bill banning private prisons
  • Article 10 – Minnesota Rehabilitation and Reinvestment Act
    • Article is solely House File 1319, authored by Rep. Becker-Finn
  • Article 11 – Firearms Background Check
    • House File 14 – Chair Pinto included
  • Article 12 – Emergency Risk Protection Order
    • Rep. Frazier’s House File 15 included 
  • Article 13 – Controlled Substance Policy
    • 3 bills included 
  • Article 14 – Controlled Substance Schedule
  • Article 15 – Emergency Communication System Reform bill

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