HF 1142

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

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 2004,
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 2004, 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 August 1,
2006, 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 Subdivision 1. new text end

new text begin New 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 Subd. 2. new text end

new text begin Renewal contracts prohibited. new text end

new text begin The commissioner
of corrections may not exercise the renewal option under the
contract with Corrections Corporation of America that is
effective for an initial one-year period through June 30, 2005,
and provides for housing a portion of Minnesota's inmates at the
Prairie Correctional Facility located in Appleton, Minnesota.
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,
2006, 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