HF 3422

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to corrections; authorizing confining 
  1.3             juveniles adjudicated delinquent and juveniles 
  1.4             convicted of crimes at the same facility; setting per 
  1.5             diem cost of confinement at Minnesota correctional 
  1.6             facility-Red Wing based on certain factors; amending 
  1.7             Minnesota Statutes 1998, sections 242.18; 242.41; 
  1.8             242.43; and 242.44; Minnesota Statutes 1999 
  1.9             Supplement, section 242.192. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1998, section 242.18, is 
  1.12  amended to read: 
  1.13     242.18 [STUDY OF OFFENDER'S BACKGROUND; REHABILITATION 
  1.14  POLICY.] 
  1.15     When a person has been committed to the commissioner of 
  1.16  corrections, the commissioner under rules shall forthwith cause 
  1.17  the person to be examined and studied, and investigate all of 
  1.18  the pertinent circumstances of the person's life and the 
  1.19  antecedents of the crime or other delinquent conduct because of 
  1.20  which the person has been committed to the commissioner, and 
  1.21  thereupon order the treatment the commissioner determines to be 
  1.22  most conducive to rehabilitation.  Persons convicted of crimes 
  1.23  shall not be detained in institutions for adjudicated 
  1.24  delinquents, nor shall delinquent children be detained in 
  1.25  institutions for persons convicted of crimes.  Consistent with 
  1.26  federal and state law, the commissioner may house at the same 
  1.27  facility persons convicted of crimes with those adjudicated 
  2.1   delinquent.  The court and the prosecuting and police 
  2.2   authorities and other public officials shall make available to 
  2.3   the commissioner of corrections all pertinent data in their 
  2.4   possession in respect to the case. 
  2.5      Sec. 2.  Minnesota Statutes 1999 Supplement, section 
  2.6   242.192, is amended to read: 
  2.7      242.192 [CHARGES TO COUNTIES.] 
  2.8      The commissioner shall charge counties or other appropriate 
  2.9   jurisdictions for the actual per diem cost of confinement, 
  2.10  excluding educational costs and non-billable service, of 
  2.11  juveniles at the Minnesota correctional facility-Red Wing and of 
  2.12  juvenile females committed to the commissioner of corrections.  
  2.13  This charge applies to both counties that participate in the 
  2.14  Community Corrections Act and those that do not.  The 
  2.15  commissioner shall annually determine costs, making necessary 
  2.16  adjustments to reflect the actual costs of confinement the per 
  2.17  diem cost of confinement based on projected population, pricing 
  2.18  incentives, market conditions, and the requirement that expense 
  2.19  and revenue balance out over a period of four years.  All money 
  2.20  received under this section must be deposited in the state 
  2.21  treasury and credited to the general fund. 
  2.22     Sec. 3.  Minnesota Statutes 1998, section 242.41, is 
  2.23  amended to read: 
  2.24     242.41 [THE MINNESOTA CORRECTIONAL FACILITY-RED WING.] 
  2.25     There is established the Minnesota correctional 
  2.26  facility-Red Wing at Red Wing, Minnesota, in which may be placed 
  2.27  persons committed to the commissioner of corrections by the 
  2.28  courts of this state who, in the opinion of the commissioner, 
  2.29  may benefit from the programs available thereat or admitted 
  2.30  consistent with established admissions criteria.  When reviewing 
  2.31  placement requests from counties, the commissioner shall take 
  2.32  into consideration the purpose of the Minnesota correctional 
  2.33  facility-Red Wing which is to educate and provide treatment for 
  2.34  serious and chronic juvenile offenders for which the county has 
  2.35  exhausted local resources.  The general control and management 
  2.36  of the facility shall be under the commissioner of corrections.  
  3.1      Sec. 4.  Minnesota Statutes 1998, section 242.43, is 
  3.2   amended to read: 
  3.3      242.43 [COMMISSIONER, DUTIES.] 
  3.4      The commissioner of corrections shall receive, clothe, 
  3.5   maintain, and instruct, at the expense of the state, all 
  3.6   children duly committed to the corrections department and placed 
  3.7   in a state correctional facility for juveniles and keep them in 
  3.8   custody until placed on probation, paroled, or discharged.  The 
  3.9   commissioner may place any of these children in suitable foster 
  3.10  care facilities or cause them to be instructed in such trades or 
  3.11  employment as in the commissioner's judgment will be most 
  3.12  conducive to their reformation and tend to the future benefit 
  3.13  and advantage of these children.  The commissioner may discharge 
  3.14  any child so committed, or may recall to the facility at any 
  3.15  time any child paroled, placed on probation, or transferred; 
  3.16  and, upon recall, may resume the care and control thereof.  The 
  3.17  discharge of a child by the commissioner shall be a complete 
  3.18  release from all penalties and disabilities created by reason of 
  3.19  the commitment. 
  3.20     Upon the parole or discharge of any inmate of any state 
  3.21  juvenile correctional facility, the commissioner of corrections 
  3.22  may pay to each inmate released an amount of money not exceeding 
  3.23  the sum of $10.  All payments shall be made from the current 
  3.24  expense fund of the facility.  
  3.25     Sec. 5.  Minnesota Statutes 1998, section 242.44, is 
  3.26  amended to read: 
  3.27     242.44 [PUPILS.] 
  3.28     The commissioner of corrections, so far as the 
  3.29  accommodations of the correctional facilities and other means at 
  3.30  the commissioner's disposal will permit, shall may receive and 
  3.31  keep until they reach 19 years of age, or until placed in homes, 
  3.32  or discharged, all persons committed to the commissioner's care 
  3.33  and custody by a juvenile court or other persons admitted 
  3.34  consistent with established admissions criteria.  The 
  3.35  commissioner may place these youths at employment, may provide 
  3.36  education suitable to their years and capacity, and may place 
  4.1   them in suitable homes.  Under rules prescribed by the 
  4.2   commissioner, when deemed best for these youths, they persons 
  4.3   committed to the commissioner's care and custody by a juvenile 
  4.4   court may be paroled or discharged from the facility by the 
  4.5   commissioner.  All pupils in the facility up to the age of 21 
  4.6   shall be clothed, instructed, and maintained at the expense of 
  4.7   the state by the commissioner of corrections.