HF 2841

2nd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to corrections; requiring persons convicted 
  1.3             of a crime and under control of a local correction 
  1.4             agency to pay the cost of room, board, clothing, 
  1.5             medical, dental, and other correctional services; 
  1.6             amending Minnesota Statutes 2000, section 641.12, by 
  1.7             adding a subdivision. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2000, section 641.12, is 
  1.10  amended by adding a subdivision to read: 
  1.11     Subd. 3.  [INMATE PAYMENT OF ROOM AND BOARD.] (a) A county 
  1.12  board may require that an offender convicted of a crime and 
  1.13  confined in the county jail, workhouse, or correctional or work 
  1.14  farm pay the cost of the offender's room, board, clothing, 
  1.15  medical, dental, and other correctional services.  The board 
  1.16  shall establish a sliding fee schedule based on ability to pay 
  1.17  to charge offenders under this subdivision.  The costs may be 
  1.18  collected at any time while the offender is under sentence or 
  1.19  after the sentence has been discharged.  During the period of 
  1.20  confinement, the costs shall be deducted from any money 
  1.21  possessed by the offender or any money deposited with the local 
  1.22  correctional or law enforcement agency on the offender's 
  1.23  behalf.  The board, or local correctional agency or sheriff with 
  1.24  authority over the jail, workhouse, or farm, may use any 
  1.25  available civil means of debt collection in collecting costs 
  1.26  under this subdivision. 
  2.1      (b) The chief executive officer of the local correctional 
  2.2   agency or sheriff may waive payment of the costs under this 
  2.3   subdivision if the officer or sheriff determines that the 
  2.4   offender does not have the ability to pay the costs, payment of 
  2.5   the costs would create undue hardship for the offender or the 
  2.6   offender's immediate family, the prospects for payment are poor, 
  2.7   or there are extenuating circumstances justifying waiver of the 
  2.8   costs. 
  2.9      (c) If an offender has been ordered by a court to pay a 
  2.10  fine, surcharge, or restitution, the offender shall be obligated 
  2.11  to pay the fine, surcharge, or restitution ordered before paying 
  2.12  the costs under this subdivision.  However, if the offender is 
  2.13  making reasonable payments to satisfy the restitution 
  2.14  obligation, the local correctional agency or sheriff may also 
  2.15  collect costs under this section. 
  2.16     Sec. 2.  [EFFECTIVE DATE.] 
  2.17     Section 1 is effective the day following final enactment.