HF 2320

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/18/2021 04:18pm

A bill for an act
relating to capital investment; requiring the commissioner of management and
budget to submit evaluations of capital improvement project requests relating to
jails to the legislature; requiring a study and report of county jails by the
commissioner of corrections; amending Minnesota Statutes 2020, section 16A.86,
subdivision 2.

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

Section 1.

Minnesota Statutes 2020, section 16A.86, subdivision 2, is amended to read:

Subd. 2.

Budget request.

new text begin (a) Except as provided in paragraph (b), new text end a political subdivision
that requests an appropriation of state money for a local capital improvement project is
encouraged to submit the request to the commissioner deleted text begin of management and budget deleted text end by July
15 of an odd-numbered year to ensure its full consideration. The requests must be submitted
in the form and with the supporting documentation required by the commissioner deleted text begin of
management and budget deleted text end . All requests timely received by the commissioner must be submitted
to the legislature, along with the governor's recommendations, whether or not the governor
recommends that a request be funded, by the deadline established in section 16A.11,
subdivision 1.

new text begin (b) The commissioner, in consultation with the commissioner of corrections, must
evaluate the need of any capital improvement project that requests an appropriation of state
money to construct a jail facility or for capital improvements to expand the number of
incarcerated offenders at an existing jail facility. The commissioner shall use the report
under 2021 H.F. No. ......., section 2, to inform the evaluation. The commissioner must
submit all evaluations under this paragraph as part of the submission to the legislature under
paragraph (a).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 2. new text begin REGIONAL AND COUNTY JAILS; STUDY AND REPORT.
new text end

new text begin Subdivision 1. new text end

new text begin Study. new text end

new text begin The commissioner of corrections must study and make
recommendations on the consolidation or merger of county jails and alternatives to
incarceration for persons experiencing mental health disorders. The commissioner must
engage and solicit feedback from citizens who live in communities served by facilities that
may be impacted by the commissioner's recommendations for the consolidation or merger
of jails. The commissioner must consult with the following individuals on the study and
recommendations:
new text end

new text begin (1) county sheriffs;
new text end

new text begin (2) county and city attorneys that prosecute offenders;
new text end

new text begin (3) chief law enforcement officers;
new text end

new text begin (4) administrators of county jail facilities; and
new text end

new text begin (5) district court administrators.
new text end

new text begin Each party receiving a request for information from the commissioner under this section
shall provide the requested information in a timely manner.
new text end

new text begin Subd. 2. new text end

new text begin Report. new text end

new text begin The commissioner of corrections must file a report with the chairs and
ranking minority members of the senate and house of representatives committees and
divisions with jurisdiction over public safety and capital investment on the study and
recommendations under subdivision 1 on or before December 1, 2022. The report must, at
a minimum, provide the following information:
new text end

new text begin (1) the daily average number of offenders incarcerated in each county jail facility:
new text end

new text begin (i) that are in pretrial detention;
new text end

new text begin (ii) that cannot afford to pay bail;
new text end

new text begin (iii) for failure to pay fines and fees;
new text end

new text begin (iv) for offenses that stem from controlled substance addiction or mental health disorders;
new text end

new text begin (v) for nonfelony offenses;
new text end

new text begin (vi) that are detained pursuant to contracts with other authorities; and
new text end

new text begin (vii) for supervised release and probation violations;
new text end

new text begin (2) the actual cost of building a new jail facility, purchasing another facility, or repairing
a current facility;
new text end

new text begin (3) the age of current jail facilities;
new text end

new text begin (4) county population totals and trends;
new text end

new text begin (5) county crime rates and trends;
new text end

new text begin (6) the proximity of current jails to courthouses, probation services, social services,
treatment providers, and work-release employment opportunities;
new text end

new text begin (7) specific recommendations for alternatives to jails for mental health disorders; and
new text end

new text begin (8) specific recommendations on the consolidation or merger of county jail facilities
and operations, including:
new text end

new text begin (i) where consolidated facilities should be located;
new text end

new text begin (ii) which counties are best suited for consolidation;
new text end

new text begin (iii) the projected costs of construction, renovation, or purchase of the facility; and
new text end

new text begin (iv) the projected cost of operating the facility.
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