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HF 438

as introduced - 87th Legislature (2011 - 2012) Posted on 02/10/2011 10:07am

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

Bill Text Versions

Engrossments
Introduction Posted on 02/10/2011

Current Version - as introduced

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3.1

A bill for an act
relating to corrections; requiring state and local jail and prison inmates to be
housed in publicly owned and operated jails and prisons; prohibiting the state
and counties from contracting with private prisons; prohibiting renewal of the
Prairie Correctional Facility contract; amending Minnesota Statutes 2010,
section 241.01, subdivision 3a; proposing coding for new law in Minnesota
Statutes, chapters 243; 641.

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

Section 1.

Minnesota Statutes 2010, section 241.01, subdivision 3a, is amended to read:


Subd. 3a.

Commissioner, powers and duties.

The commissioner of corrections has
the following powers and duties:

(a) To accept persons committed to the commissioner by the courts of this state for
care, custody, and rehabilitation.

(b) To determine the place of confinement of committed persons in a correctional
facility or other facility of the Department of Corrections and to prescribe reasonable
conditions and rules for their employment, conduct, instruction, and discipline within or
outside the facility.new text begin After July 1, 2011, the commissioner shall not allow inmates to be
housed in facilities that are not owned and operated by the state, a local unit of government,
or a group of local units of government.
new text end Inmates shall not exercise custodial functions or
have authority over other inmates. Inmates may serve on the board of directors or hold an
executive position subordinate to correctional staff in any corporation, private industry or
educational program located on the grounds of, or conducted within, a state correctional
facility with written permission from the chief executive officer of the facility.

(c) To administer the money and property of the department.

(d) To administer, maintain, and inspect all state correctional facilities.

(e) To transfer authorized positions and personnel between state correctional
facilities as necessary to properly staff facilities and programs.

(f) To utilize state correctional facilities in the manner deemed to be most efficient
and beneficial to accomplish the purposes of this section, but not to close the Minnesota
Correctional Facility-Stillwater or the Minnesota Correctional Facility-St. Cloud without
legislative approval. The commissioner may place juveniles and adults at the same
state minimum security correctional facilities, if there is total separation of and no
regular contact between juveniles and adults, except contact incidental to admission,
classification, and mental and physical health care.

(g) To organize the department and employ personnel the commissioner deems
necessary to discharge the functions of the department, including a chief executive officer
for each facility under the commissioner's control who shall serve in the unclassified civil
service and may, under the provisions of section 43A.33, be removed only for cause.

(h) To define the duties of these employees and to delegate to them any of the
commissioner's powers, duties and responsibilities, subject to the commissioner's control
and the conditions the commissioner prescribes.

(i) To annually develop a comprehensive set of goals and objectives designed to
clearly establish the priorities of the Department of Corrections. This report shall be
submitted to the governor commencing January 1, 1976. The commissioner may establish
ad hoc advisory committees.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

new text begin [243.95] PRIVATE PRISON CONTRACTS PROHIBITED.
new text end

new text begin The commissioner may not contract or renew a contract with privately owned and
operated prisons for the care, custody, and rehabilitation of offenders committed to the
custody of the commissioner.
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

Sec. 3.

new text begin [641.015] PLACEMENT IN PRIVATE PRISONS PROHIBITED.
new text end

new text begin Subdivision 1. new text end

new text begin Placement prohibited. new text end

new text begin After August 1, 2011, a sheriff shall not
allow inmates committed to the custody of the sheriff to be housed in facilities that are not
owned and operated by a local government, or a group of local units of government.
new text end

new text begin Subd. 2. new text end

new text begin Contracts prohibited. new text end

new text begin The county board may not authorize the sheriff to
contract with privately owned and operated prisons for the care, custody, and rehabilitation
of offenders committed to the custody of the sheriff.
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