HF 862

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/08/2021 02:13pm

A bill for an act
relating to corrections; establishing a moratorium on private correctional facilities;
proposing coding for new law in Minnesota Statutes, chapter 241.

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

Section 1.

new text begin [241.0223] PRIVATE CORRECTIONAL FACILITY MORATORIUM
ACT.
new text end

new text begin Subdivision 1. new text end

new text begin Short title. new text end

new text begin This act may be cited as the "Private Correctional Facility
Moratorium Act."
new text end

new text begin Subd. 2. new text end

new text begin Legislative findings. new text end

new text begin The legislature finds and declares that the management
and operation of a correctional facility involves functions that are inherently governmental.
Detention requires the exercise of coercive police powers over individuals that should not
generally be delegated to the private sector and is distinguishable from privatization in other
areas of government. It is further found that issues of liability, accountability, and cost
warrant a prohibition of the ownership, operation, or management of correctional facilities
by private contractors in the state to the fullest extent permitted under state law.
new text end

new text begin Subd. 3. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, "correctional facility" means a building,
facility, or structure used to detain individuals, not including state secure hospitals, juvenile
or adult residential treatment facilities, halfway houses, and group homes.
new text end

new text begin Subd. 4. new text end

new text begin Certain agreements and incentives prohibited. new text end

new text begin The state, a unit of local
government, a county sheriff, or an agency, officer, employee, or agent thereof, shall not:
new text end

new text begin (1) enter into an agreement of any kind for the detention of individuals in a correctional
facility owned, managed, or operated, in whole or in part, by a private entity;
new text end

new text begin (2) pay, reimburse, subsidize, or defray the costs related to the sale, purchase,
construction, development, ownership, management, or operation of a correctional facility
that is or will be owned, managed, or operated, in whole or in part, by a private entity;
new text end

new text begin (3) receive per diem, per detainee, or any other payment related to the detention of
individuals in a correctional facility owned, managed, or operated, in whole or in part, by
a private entity; or
new text end

new text begin (4) otherwise give a financial incentive or benefit to a private entity or person in
connection with the sale, purchase, construction, development, ownership, management,
or operation of a correctional facility that is or will be owned, managed, or operated, in
whole or in part, by a private entity.
new text end

new text begin Subd. 5. new text end

new text begin Exemptions. new text end

new text begin This section does not prohibit the state, a unit of local government,
or a sheriff that owns, manages, or operates a correctional facility from contracting with a
private entity or person to provide ancillary services in that facility, such as medical services,
food services, educational services, or facility repair and maintenance.
new text end

new text begin Subd. 6. new text end

new text begin Applicability. new text end

new text begin In case of any conflict between this section and any other law,
this section shall control.
new text end

new text begin Subd. 7. new text end

new text begin Severability. new text end

new text begin If a provision, word, phrase, or clause of this section or the
application of this section to a person or circumstance is held invalid, the invalidity shall
not affect the provisions, words, phrases, clauses, or application of this section that can be
given effect without the invalid provision, word, phrase, clause, or application, and to this
end the provisions, words, phrases, and clauses of this section are declared to be severable.
new text end