Purpose

• Clarify and expand how counties and eligible Tribal Nations can become Community Corrections Act (CCA) jurisdictions.
• Establish how transitions would happen, protect employees during transitions, and outline funding to help counties cover fringe benefits costs related to the transition.

Main Provisions

• County and Tribal Nation authority

  • A county or Tribal Nation may become a CCA jurisdiction and acquire lands, buildings, and equipment needed to run correctional services by lawful means (purchase, lease, or transfer of custodial control).
  • They can determine and set up an administrative structure (including hiring a director and other staff) to run correctional services.
  • The county or Tribal Nation must file a resolution with the commissioner of corrections stating the intent to assume jurisdiction and the transition date.

• Transition framework for displaced employees

  • When a county takes over state/local correctional services, probation officers and other displaced employees must be employed by the county with no loss of salary.
  • Years of state service must be fully credited for future sick leave and vacation accrual.
  • Employees moved to county employment should, to the extent possible, be treated as transfers in grade with corresponding pay and benefits.
  • State or local employees displaced by transition may be laid off if not hired by the county, with applicable layoff procedures or collective bargaining agreements governing rights.
  • Employees retained in county employment keep fringe benefits and seniority-based recall rights earned prior to transition.

• Benefits and cost responsibilities

  • The state will pay for accrued or earned benefits under a collective bargaining agreement that were accumulated during state employment before the county assumed jurisdiction.
  • The county is not liable for benefits accrued under state employment or for transferring those pre-transition benefits to county employment.
  • Conversely, the state is not required to recognize or transfer benefits accumulated while in county service before or after transition, except as consistent with state and Tribal law.

Funding and Oversight

• One-time appropriation for transition costs
  • A 150,000 general-fund appropriation in fiscal year 2027 is made to the commissioner of revenue to distribute to counties that have transitioned to a CCA jurisdiction on or after August 1, 2023.
• Use of funds
  • Distributions reimburse eligible counties for fringe benefit costs tied to transition that are attributable to state collective bargaining agreements (including accrued vacation, sick leave, severance, or other benefits earned before transition).
• Application and review
  • Counties seeking reimbursement must apply to the commissioner of revenue, providing documentation of the fringe-benefit costs incurred due to transition.
  • The commissioner reviews applications and awards reimbursements as funds are available.
• Reporting
  • By January 15, 2028, the commissioner of revenue must report to the chairs and ranking minority members of the legislative committees overseeing corrections policy and finance about the awards, including which counties received money and total amounts reimbursed.

Significant Changes to Existing Law

• Creates a formal process for counties and eligible Tribal Nations to become CCA jurisdictions, including property acquisition and establishment of an administrative structure.
• Adds explicit protections and procedures for employees who are displaced by a county’s transition to CCA governance, including salary protection, service credit for benefits, transfer-in-grade principles, layoff rights, and recall rights.
• Clarifies which benefits are the responsibility of the state versus the county in transition scenarios, particularly regarding accrued benefits under state collective bargaining agreements.
• Establishes a dedicated funding mechanism (one-time appropriation) to reimburse counties for fringe-benefit costs incurred due to transition and requires a public reporting of those reimbursements.

What this means for counties and employees

• Counties can take over correctional services and run them under the Community Corrections Act, with the ability to acquire necessary property and create an appropriate administrative structure.
• Employees affected by the transition have protections to keep their salary and certain benefits, with a clear process for how benefits and seniority are handled across the state-to-county transition.
• Counties can receive financial help to cover some transition costs, and lawmakers will review and publish details about how the funds are used.

Relevant Terms - Community Corrections Act (CCA) - County jurisdiction - Tribal Nation - Transition date - Displaced employees - Probation officers - Salary protection - Sick leave - Vacation accrual - Transfer in grade - Layoff and recall rights - Fringe benefits - Collective bargaining agreement - Accrued benefits - State employment vs. county employment - Commissioned of corrections - Commission of revenue - General fund appropriation - Fiscal year 2027 - Administrative structure - Custodial control - Acquisition of property (lands, buildings, equipment)