OAH 16-1100-20134-2
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE DEPARTMENT OF CORRECTIONS
|
In the Matter of Kurt
Hagemann |
FINDINGS OF FACT, CONCLUSIONS AND ORDER |
This matter came before Administrative Law Judge Manuel
J. Cervantes on March 26, 2009, for a contested case hearing.
Krista Guinn Fink, Associate Legal Counsel, appeared telephonically
on behalf of the Department of Corrections (“Department”).
Respondent Kurt Hagemann, appeared telephonically for
himself without counsel.
STATEMENT
OF ISSUE
May the Department collect a supervision fee of $120.00
from Mr. Hagemann for correctional fees pursuant to Minn. Stat. § 241.272
through the Minnesota Revenue Recapture System?
Based on the evidence in the record, the Administrative
Law Judge makes the following:
FINDINGS
OF FACT
1.
Respondent Kurt
Hagemann began serving a term of probation on a stayed sentence for Fifth
Degree Controlled Substance Crime on March 28, 2008. At that time, a correctional fee in the
amount of $120.00 was imposed pursuant to Minn. Stat. § 241.272 and Department
of Corrections Policy 201.013 (Supervision Fees – Field Services).
2.
On October 14,
2008, his probation was revoked and he was committed to the custody of the
Commissioner of Corrections for one year and one day, to be served at the
Pipestone County Jail. The fee was not
waived, and Mr. Hagemann did not pay the fee.
3.
The Department
subsequently notified Mr. Hagemann of its intent to collect the supervision fee
through the Minnesota Revenue Recapture Program and of his right to request a
hearing. By letter received November 19,
2008, Mr. Hagemann requested a contested case hearing.
4.
On December 18,
2008, the Commissioner of Corrections issued a Notice of and Order for Hearing.
Based on the Findings of Fact, the Administrative Law
Judge makes the following:
CONCLUSIONS
1.
The
Administrative Law Judge has jurisdiction in this matter pursuant to Minn.
Stat. §§ 241.272, 270A.08 and 270A.09.
Pursuant to Minn. Stat. § 270A.09, subd. 3, the decision in the hearing
is the final decision in this administratively contested case. The provisions for judicial review of that
decision under Minn. Stat. §§ 14.63 to 14.68 apply to this decision.
2.
Notice of this
hearing was proper and the Department has fulfilled all procedural
requirements.
3.
Kurt Hagemann
owes to the Department of Corrections $120.00 for a correctional fee.
4.
The $120.00 fee
is a “correctional fee” within the meaning of Minn. Stat. § 241.272. Under Minn. Stat. § 241.272, subd. 3(a), the
Commissioner of Corrections may impose and collect fees from individuals on
supervised release at any time while the offender is under sentence or after
the sentence has been discharged. Under
subdivision 3(b) of that statute, the Commissioner may use any available civil
means of debt collection to collect a correctional fee.
5.
The Minnesota
Revenue Recapture Act authorizes State agencies such as the Department of
Corrections to collect debts owed to it by filing a claim with the Minnesota
Department of Revenue. The Department of
Revenue may collect amounts due to the Department of Corrections by setting off
the amount of such debt from refunds due to debtors. Refunds include individual income tax
refunds, political contribution refunds, property tax credits or refunds, and
lottery prizes of $600 or more.
6.
The fee is
authorized by statute and Department of Corrections policy, and failure to
notify Mr. Hagemann of the fee during his criminal proceedings does not
invalidate collection of the fee.
Furthermore, as established by the collection procedures set forth in
department policy, Mr. Hagemann’s subsequent incarceration did not result in
waiver of the fee. Finally, the
department policy in effect at the time did not permit a fee reduction because
he was under supervision less than one year.
7.
It is
appropriate for the Department of Revenue to collect the correctional fee of $120.00
from Kurt Hagemann through the revenue recapture provisions of Minn. Stat.
Chapter 270A.
Based on the Conclusions, the Administrative Law
Judge makes the following:
ORDER
IT IS
ORDERED that the Department of
Corrections may proceed with its request to collect the $120.00 due from Mr. Hagemann
for a correctional fee through the Minnesota Revenue Recapture Program.
Dated:
April 16, 2009
__s/Manuel
J. Cervantes___________
MANUEL J. CERVANTES
Administrative
Law Judge