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HF 3038

as introduced - 86th Legislature (2009 - 2010) Posted on 02/17/2010 04:07pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/17/2010

Current Version - as introduced

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A bill for an act
relating to corrections; modifying inmate payment of room and board to include
any time credited for time served; amending Minnesota Statutes 2008, section
641.12, subdivision 3.

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

Section 1.

Minnesota Statutes 2008, section 641.12, subdivision 3, is amended to read:


Subd. 3.

Inmate payment of room and board.

(a) A county board may require that
deleted text begin an offenderdeleted text end new text begin a person new text end convicted of a crime and confined in the county jail, workhouse, or
correctional or work farm pay the cost of the deleted text begin offender'sdeleted text end new text begin person's new text end room, board, clothing,
medical, dental, and other correctional services. The board shall establish a schedule to
charge deleted text begin offendersdeleted text end new text begin persons new text end under this subdivision. new text begin The charges may be assessed for any
time for which the person receives credit for time served against the sentence imposed
as a result of the conviction.
new text end The costs may be collected at any time while the deleted text begin offenderdeleted text end
new text begin person new text end is under sentence or after the sentence has been discharged. During the period of
confinement, the costs may be deducted from any money possessed by the deleted text begin offenderdeleted text end new text begin person
new text end or any money deposited with the local correctional or law enforcement agency on the
deleted text begin offender'sdeleted text end new text begin person's new text end behalf. The board, or local correctional agency or sheriff with authority
over the jail, workhouse, or farm, may use any available civil means of debt collection
in collecting costs under this subdivision.

(b) The chief executive officer of the local correctional agency or sheriff may waive
payment of the costs under this subdivision if the officer or sheriff determines that the
deleted text begin offenderdeleted text end new text begin person new text end does not have the ability to pay the costs, payment of the costs would
create undue hardship for the deleted text begin offenderdeleted text end new text begin person new text end or the deleted text begin offender'sdeleted text end new text begin person's new text end immediate family,
the prospects for payment are poor, or there are extenuating circumstances justifying
waiver of the costs.

(c) If deleted text begin an offenderdeleted text end new text begin a person new text end has been ordered by a court to pay restitution, the deleted text begin offenderdeleted text end
new text begin person new text end shall be obligated to pay the restitution ordered before paying the costs under this
subdivision. However, if the deleted text begin offenderdeleted text end new text begin person new text end is making reasonable payments to satisfy
the restitution obligation, the local correctional agency or sheriff may also collect costs
under this section.