HF 1510

as introduced - 90th Legislature (2017 - 2018) Posted on 03/23/2017 04:35pm

A bill for an act
relating to public safety; authorizing commissioner of corrections to house offenders
in nonpublicly owned facilities; amending Minnesota Statutes 2016, section 241.01,
subdivision 3a.

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

Section 1.

Minnesota Statutes 2016, section 241.01, subdivision 3a, is amended to read:

Subd. 3a.

Commissioner, powers and duties.

The commissioner of corrections has the
following powers and duties:

(a) To accept persons committed to the commissioner by the courts of this state for care,
custody, and rehabilitation.

(b) To determine the place of confinement of committed persons in a correctional facility
or other facility of the Department of Corrections new text begin , or a nonpublicly owned facility, new text end and to
prescribe reasonable conditions and rules for their employment, conduct, instruction, and
discipline within or outside the facility. Inmates shall not exercise custodial functions or
have authority over other inmates.

(c) To administer the money and property of the department.

(d) To administer, maintain, and inspect all state correctional facilities.

(e) To transfer authorized positions and personnel between state correctional facilities
as necessary to properly staff facilities and programs.

(f) To utilize state correctional facilities in the manner deemed to be most efficient and
beneficial to accomplish the purposes of this section, but not to close the Minnesota
Correctional Facility-Stillwater or the Minnesota Correctional Facility-St. Cloud without
legislative approval. The commissioner may place juveniles and adults at the same state
minimum security correctional facilities, if there is total separation of and no regular contact
between juveniles and adults, except contact incidental to admission, classification, and
mental and physical health care.

(g) To organize the department and employ personnel the commissioner deems necessary
to discharge the functions of the department, including a chief executive officer for each
facility under the commissioner's control who shall serve in the unclassified civil service
and may, under the provisions of section 43A.33, be removed only for cause.

(h) To define the duties of these employees and to delegate to them any of the
commissioner's powers, duties and responsibilities, subject to the commissioner's control
and the conditions the commissioner prescribes.

(i) To annually develop a comprehensive set of goals and objectives designed to clearly
establish the priorities of the Department of Corrections. This report shall be submitted to
the governor commencing January 1, 1976. The commissioner may establish ad hoc advisory
committees.

new text begin (j) The commissioner, in order to address bed capacity shortfalls, shall enter into a
contract either to purchase and operate or to lease-to-own and operate an existing prison
facility located in Appleton, Minnesota. The commissioner shall attempt to conclude
negotiations by January 1, 2018.
new text end