HF 1053

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; allowing double bunking 
  1.3             in jails; authorizing sheriffs and boards of county 
  1.4             and regional jails to contract with private prisons 
  1.5             for the care, custody, and rehabilitation of jail 
  1.6             inmates; amending Minnesota Statutes 2002, sections 
  1.7             641.14; 641.263, by adding subdivisions; proposing 
  1.8             coding for new law in Minnesota Statutes, chapter 641. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  [641.015] [PLACEMENT IN PRIVATE PRISONS 
  1.11  AUTHORIZED.] 
  1.12     If there is insufficient capacity in a county jail, the 
  1.13  county board may authorize the sheriff to contract with private 
  1.14  prisons for the care, custody, and rehabilitation of offenders 
  1.15  for whom there is insufficient space.  
  1.16     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
  1.17     Sec. 2.  Minnesota Statutes 2002, section 641.14, is 
  1.18  amended to read: 
  1.19     641.14 [JAILS; SEPARATION OF PRISONERS.] 
  1.20     The sheriff of each county is responsible for the operation 
  1.21  and condition of the jail.  If construction of the jail permits, 
  1.22  the sheriff may permit multiple occupancy but the sheriff shall 
  1.23  maintain strict separation of prisoners to the extent that 
  1.24  separation is consistent with prisoners' security, safety, 
  1.25  health, and welfare.  The sheriff shall not keep in the same 
  1.26  room or section of the jail: 
  1.27     (1) a minor under 18 years old and a prisoner who is 18 
  2.1   years old or older, unless: 
  2.2      (i) the minor has been committed to the commissioner of 
  2.3   corrections under section 609.105; 
  2.4      (ii) the minor has been referred for adult prosecution and 
  2.5   the prosecuting authority has filed a notice of intent to 
  2.6   prosecute the matter for which the minor is being held under 
  2.7   section 260B.125; or 
  2.8      (iii) the minor is 16 or 17 years old and has been indicted 
  2.9   for murder in the first degree; 
  2.10     (2) a female prisoner and a male prisoner; and 
  2.11     (3) a minor under 18 years old and an extended jurisdiction 
  2.12  juvenile 18 years old or older who is alleged to have violated 
  2.13  the conditions of the stay of execution. 
  2.14     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
  2.15     Sec. 3.  Minnesota Statutes 2002, section 641.263, is 
  2.16  amended by adding a subdivision to read: 
  2.17     Subd. 5.  [MULTIPLE OCCUPANCY CELLS.] If construction of 
  2.18  the jail permits, the board may, by resolution, authorize 
  2.19  multiple occupancy, but the superintendent must maintain strict 
  2.20  separation of prisoners to the extent that separation is 
  2.21  necessary to ensure prisoners' security, safety, health, and 
  2.22  welfare. 
  2.23     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
  2.24     Sec. 4.  Minnesota Statutes 2002, section 641.263, is 
  2.25  amended by adding a subdivision to read: 
  2.26     Subd. 6.  [PLACEMENT IN PRIVATE PRISONS AUTHORIZED.] If 
  2.27  there is insufficient capacity in a regional jail, the board may 
  2.28  contract with private prisons for the care, custody, and 
  2.29  rehabilitation of offenders for whom there is insufficient space.
  2.30     [EFFECTIVE DATE.] This section is effective July 1, 2003.