HF 2233

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; permitting the commissioner
of corrections to house inmates in private prisons;
establishing a pilot project to house up to 400
short-term offenders; issuing a request for proposals;
amending Minnesota Statutes 2004, section 241.01,
subdivision 3a.

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

Section 1.

Minnesota Statutes 2004, 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 private 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. Inmates may serve on the
board of directors or hold an executive position subordinate to
correctional staff in any corporation, private industry or
educational program located on the grounds of, or conducted
within, a state correctional facility with written permission
from the chief executive officer of the facility.

(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 EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 2. new text begin PILOT PROJECT TO HOUSE SHORT-TERM OFFENDERS.
new text end

new text begin Subdivision 1. new text end

new text begin Pilot project established. new text end

new text begin The
commissioner of corrections shall develop a pilot project that
provides correctional facilities, services, and supervision for
up to 400 offenders who are committed to the custody of the
commissioner for one year or less. The commissioner shall
administer the pilot project in a facility described in section
3.
new text end

new text begin Subd. 2. new text end

new text begin Performance evaluation; report. new text end

new text begin The
commissioner of administration shall undertake a performance
evaluation of the pilot project. The evaluation must include
(1) a cost/benefit analysis of the facilities, care, and
services provided to inmates who participate in the pilot
project and (2) a comparison of the costs and benefits of the
facilities, care, and services provided to inmates who
participate in the pilot project and similarly situated inmates
who do not participate in the pilot project. The commissioner
of administration, in consultation with the commissioner of
corrections, shall submit a report containing the commissioner's
evaluation to the chairs and ranking minority members of the
house and senate committees with jurisdiction over public safety
policy and financing. The first report is due on January 15,
2007, and subsequent reports are due every other year thereafter
on January 15 for the duration of the pilot project.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 3. new text begin ISSUANCE OF REQUEST FOR PROPOSALS; FACILITY TO
HOUSE SHORT-TERM OFFENDERS.
new text end

new text begin Subdivision 1. new text end

new text begin Request for proposals. new text end

new text begin The commissioner
of administration, in consultation with the commissioner of
corrections, must issue a request for proposals within 30 days
of the effective date of this act, and must authorize a vendor
by November 1, 2005, to host the pilot project created in
section 2. The Department of Corrections may submit a
proposal. A proposal submitted by the department must be given
the same consideration as proposals from private vendors.
new text end

new text begin Subd. 2. new text end

new text begin Minimum requirements. new text end

new text begin To qualify for
consideration, a vendor must:
new text end

new text begin (1) have a facility in Minnesota or be willing to build a
facility in Minnesota to house up to 400 offenders; and
new text end

new text begin (2) meet or exceed the prison standards adopted by the
American Correctional Association.
new text end

new text begin Subd. 3. new text end

new text begin Selection criteria. new text end

new text begin In establishing criteria
and preferences for vendors, the commissioner of administration
must consult with the commissioner of corrections, the executive
director of the Sentencing Guidelines Commission, and the
commissioner of human services, as appropriate. The
commissioner must consider the following factors in issuing the
request for proposals:
new text end

new text begin (1) the level or levels of security for which custodial
care and services will be needed;
new text end

new text begin (2) the type and length of treatment, educational, and
other programs and services appropriate to short-term offenders;
new text end

new text begin (3) the transport of offenders to and from the facility
hosting the pilot project;
new text end

new text begin (4) the division of all costs associated with providing
care, custody, and rehabilitation for offenders committed to the
commissioner of corrections; and
new text end

new text begin (5) other factors deemed appropriate for consideration by
the commissioner of administration, corrections, or human
services, or by the executive director of the Sentencing
Guidelines Commission.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end