HF 338

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to corrections; barring inmate access to 
  1.3             computer on-line and network services; requiring the 
  1.4             commissioner of corrections to promulgate rules 
  1.5             regarding inmate access to computer services; 
  1.6             requiring the commissioner of corrections to 
  1.7             promulgate rules governing the computer use of 
  1.8             parolees, state-supervised probationers, and 
  1.9             individuals on supervised release; amending Minnesota 
  1.10            Statutes 1996, section 243.05, subdivision 6; 
  1.11            proposing coding for new law in Minnesota Statutes, 
  1.12            chapter 243. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 1996, section 243.05, 
  1.15  subdivision 6, is amended to read: 
  1.16     Subd. 6.  [SUPERVISION BY COMMISSIONER OF CORRECTIONS; 
  1.17  AGENTS.] (a) The commissioner of corrections, as far as 
  1.18  possible, shall exercise supervision over persons released on 
  1.19  parole or probation pursuant to this section and section 242.19. 
  1.20     (b) The commissioner of corrections shall exercise 
  1.21  supervision over probationers as provided in section 609.135, 
  1.22  and over persons conditionally released pursuant to section 
  1.23  241.26. 
  1.24     (c) For the purposes of clauses (a) and (b), and sections 
  1.25  609.115 and 609.135, subdivision 1, the commissioner shall 
  1.26  appoint state agents who shall be in the classified service of 
  1.27  the state civil service.  The commissioner may also appoint 
  1.28  suitable persons in any part of the state or enter into 
  1.29  agreements with individuals and public or private agencies, for 
  2.1   the same purposes, and pay the costs incurred under the 
  2.2   agreements.  Parole agents shall reside in the various districts 
  2.3   of the state in which they are employed.  Each agent or person 
  2.4   shall perform the duties the commissioner may prescribe in 
  2.5   behalf of or in the supervision of those persons described in 
  2.6   clause (b).  In addition, each agent or person shall act under 
  2.7   the orders of the commissioner in the supervision of those 
  2.8   persons conditionally released as provided in clause (a).  
  2.9   Agents shall provide assistance to conditionally released 
  2.10  persons in obtaining employment, and shall conduct relevant 
  2.11  investigations and studies of persons under supervision upon the 
  2.12  request of the commissioner.  Regional supervisors may also 
  2.13  supervise state parole agents as directed by the commissioner of 
  2.14  corrections. This duty shall not interfere with the supervisor's 
  2.15  responsibility under the county probation act, Laws 1959, 
  2.16  chapter 698. 
  2.17     (d) The commissioner of corrections shall promulgate rules 
  2.18  to govern computer use by parolees, state-supervised 
  2.19  probationers, and individuals on supervised release.  These 
  2.20  rules shall provide restrictions on computer use when the 
  2.21  commissioner believes a significant risk exists that an 
  2.22  individual may use an Internet service, bulletin board system, 
  2.23  or other public or private computer network service to engage in 
  2.24  criminal activity or to associate with individuals who are 
  2.25  likely to encourage the individual to engage in criminal 
  2.26  activity.  The rules may address other restrictions on computer 
  2.27  use by parolees, probationers, and individuals on supervised 
  2.28  release, as the commissioner deems appropriate.  The rules shall 
  2.29  take into account that computers are used for numerous 
  2.30  legitimate purposes and that, in imposing restrictions, the 
  2.31  least restrictive condition appropriate to the individual shall 
  2.32  be used. 
  2.33     Sec. 2.  [243.556] [RESTRICTIONS ON INMATE COMPUTER 
  2.34  ACCESS.] 
  2.35     Subdivision 1.  [INMATE ACCESS TO ON-LINE SERVICES 
  2.36  PROHIBITED.] No adult inmate in a state correctional facility 
  3.1   may use any computer Internet service, bulletin board system, or 
  3.2   any other public or private computer network service. 
  3.3      Subd. 2.  [RULES RESTRICTING COMPUTER ACCESS.] The 
  3.4   commissioner shall promulgate rules to ensure that adult inmates 
  3.5   do not have access to any Internet service, bulletin board 
  3.6   system, or any other public or private computer network 
  3.7   service.  These rules also shall restrict inmate computer use to 
  3.8   legitimate educational and vocational purposes and shall set 
  3.9   criteria for monitoring all computer use by inmates.