HF 2854

as introduced - 86th Legislature (2009 - 2010) Posted on 02/10/2010 03:19pm

A bill for an act
relating to corrections; regulating the location of transitional housing for criminal
offenders subject to noncustodial supervision; proposing coding for new law in
Minnesota Statutes, chapter 244.

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

Section 1.

new text begin [244.31] LOCATION OF TRANSITIONAL HOUSING.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section, unless the context otherwise
requires, the following words and terms have the meanings given them in this subdivision.
new text end

new text begin (b) "Transitional housing" means a home that provides short-term housing to
offenders serving their criminal sentences on parole, probation, supervised or conditional
release, or some other form of noncustodial supervision. Transitional housing does not
include halfway homes licensed and regulated by the commissioner of corrections or
facilities licensed and regulated by the Department of Human Services.
new text end

new text begin (c) "Residential area" means an area where more than 25 percent of surrounding
structures are designated as dwellings, whether primary, secondary, or seasonal, but not
for transient use such as hotels or motels.
new text end

new text begin (d) "Locating authority" means a public or private entity with the responsibility for
locating and establishing transitional housing for offenders.
new text end

new text begin Subd. 2. new text end

new text begin Requirements. new text end

new text begin A locating authority shall not locate transitional housing
in residential areas except as provided in subdivision 3.
new text end

new text begin Subd. 3. new text end

new text begin Exception. new text end

new text begin A locating authority may locate transitional housing in a
residential area only after satisfying the following requirements. The locating authority
must:
new text end

new text begin (1) prepare and file a report with the local governing authority specifying the need
for the facility, stating the reasons why nonresidential locations are not feasible, and
attesting that, of feasible locations, the location chosen minimizes the exposure of children
and other vulnerable populations to the transitional housing residents and least impacts
surrounding property values; and
new text end

new text begin (2) hold a community notification meeting at least 90 days prior to the transitional
housing opening where the locating authority provides interested parties with copies of its
report to the governing authority, explains the need for the facility, and permits citizen
comment.
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