HF 3121

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to criminal justice; authorizing cities to 
  1.3             seek reimbursement from persons who are booked for 
  1.4             pretrial detention in a county jail when the county 
  1.5             charges the city for those costs; amending Minnesota 
  1.6             Statutes 2002, sections 642.04; 642.06. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 642.04, is 
  1.9   amended to read: 
  1.10     642.04 [CITIES MAY SEND PRISONERS TO JAILS OUTSIDE.] 
  1.11     Subdivision 1.  [AUTHORITY.] When, in any statutory or home 
  1.12  rule charter city, no jail exists, which in the judgment of the 
  1.13  city council, or other governing body, is sufficient or suitable 
  1.14  for the detention of persons lawfully under arrest in the city, 
  1.15  the council, or other governing body, may cause persons lawfully 
  1.16  arrested to be detained in any city or county or county regional 
  1.17  jail or lockup in the same or in an adjoining county; provided, 
  1.18  that that detention shall be with the consent of the city or 
  1.19  county or regional jail board operating the jail where the 
  1.20  persons are detained, and that there shall be paid to the city 
  1.21  or county or regional jail board the necessary cost and expense 
  1.22  which may be incident to taking care of persons while they are 
  1.23  lawfully detained or imprisoned. 
  1.24     Subd. 2.  [REIMBURSEMENT OF CITY BY DETAINEE.] A city may 
  1.25  require that each person who is booked for confinement at a 
  1.26  county or regional jail under subdivision 1 pay the city a fee 
  2.1   to reimburse it for any costs of confinement it is charged by 
  2.2   the county under subdivision 1.  If the person has no funds at 
  2.3   the time of booking or during the period of any incarceration, 
  2.4   the city police department shall notify the district court in 
  2.5   the county where the charges related to the booking are pending, 
  2.6   and shall request assessment of the fee.  Notwithstanding 
  2.7   section 609.10 or 609.125, upon notification from the police 
  2.8   department, the district court must order the fee paid to the 
  2.9   city as part of any sentence or disposition imposed.  If the 
  2.10  person is not charged, is acquitted, or if the charges are 
  2.11  dismissed, the city shall return the fee to the person at the 
  2.12  last known address listed in the booking records.  
  2.13     Sec. 2.  Minnesota Statutes 2002, section 642.06, is 
  2.14  amended to read: 
  2.15     642.06 [COUNTY JAIL, USE BY CITY OF THE FIRST CLASS.] 
  2.16     Subdivision 1.  [CONTRACT AUTHORITY.] Any city of the first 
  2.17  class in this state, now or hereafter operating under a home 
  2.18  rule charter, and now or hereafter containing a city hall 
  2.19  building on land contiguous to the county courthouse and jail 
  2.20  grounds, may enter into contract with the county in which such 
  2.21  city is located, for the furnishing to such city by such county 
  2.22  of jail facilities in the county jail building for the care of 
  2.23  persons who are usually confined in the city jail and for the 
  2.24  furnishing of heating and lighting service to such city, and for 
  2.25  the construction and maintenance of a tunnel connecting the 
  2.26  courthouse, county jail, and city hall buildings, for use as a 
  2.27  passageway between these buildings and for other public 
  2.28  purposes, upon such terms and conditions, for such 
  2.29  consideration, and for such period of time not exceeding five 
  2.30  years at a time, with right of successive renewals as shall be 
  2.31  agreed upon between the county board of such county and the city 
  2.32  council of such city, acting for their respective political 
  2.33  subdivisions.  
  2.34     Subd. 2.  [HOLDING OF DETAINEES.] The sheriff of any such 
  2.35  county shall accept and hold in any such county jail building 
  2.36  any person placed under arrest by the city police department and 
  3.1   delivered to the sheriff for incarceration in the county jail.  
  3.2   The city shall pay the county for the care and detention of each 
  3.3   such prisoner such amount as shall be fixed by the county board 
  3.4   but not in excess of the actual cost.  
  3.5      Subd. 3.  [REIMBURSEMENT OF CITY BY DETAINEE.] A city may 
  3.6   require that each person who is booked for confinement at a 
  3.7   county or regional jail under subdivision 2 pay the city a fee 
  3.8   to reimburse it for any costs of confinement it is charged by 
  3.9   the county under subdivision 2.  If the person has no funds at 
  3.10  the time of booking or during the period of any incarceration, 
  3.11  the city police department shall notify the district court in 
  3.12  the county where the charges related to the booking are pending, 
  3.13  and shall request assessment of the fee.  Notwithstanding 
  3.14  section 609.10 or 609.125, upon notification from the police 
  3.15  department, the district court must order the fee paid to the 
  3.16  city as part of any sentence or disposition imposed.  If the 
  3.17  person is not charged, is acquitted, or if the charges are 
  3.18  dismissed, the city shall return the fee to the person at the 
  3.19  last known address listed in the booking records. 
  3.20     Sec. 3.  [EFFECTIVE DATE.] 
  3.21     Sections 1 and 2 are effective August 1, 2004, and apply to 
  3.22  crimes committed on or after that date.