HF 1074

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/11/2022 11:36am

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; amending Minnesota Statutes 2020, 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 2020, 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, 2021, 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.

(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 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, 2021, 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