HF 1157

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

  1.1                          A bill for an act 
  1.2             relating to corrections; authorizing certain 
  1.3             commitments to the commissioner of corrections to be 
  1.4             served in local correctional facilities; requiring the 
  1.5             commissioner to issue a request for proposals to 
  1.6             provide facilities for persons committed to the 
  1.7             commissioner; amending Minnesota Statutes 2002, 
  1.8             section 609.105, subdivision 1, by adding 
  1.9             subdivisions; repealing Laws 2002, chapter 220, 
  1.10            article 6, section 6. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 2002, section 609.105, 
  1.13  subdivision 1, is amended to read: 
  1.14     Subdivision 1.  In a felony sentence to imprisonment, when 
  1.15  the remaining term of imprisonment is for more than one year 180 
  1.16  days or less, the defendant shall commit the defendant be 
  1.17  committed to the custody of the commissioner of corrections and 
  1.18  must serve the remaining term of imprisonment at a workhouse, 
  1.19  work farm, county jail, or other place authorized by law.  
  1.20     Sec. 2.  Minnesota Statutes 2002, section 609.105, is 
  1.21  amended by adding a subdivision to read: 
  1.22     Subd. 1a.  [DEFINITIONS.] (a) The terms in this subdivision 
  1.23  apply to this section. 
  1.24     (b) "Remaining term of imprisonment" as applied to inmates 
  1.25  whose crimes were committed before August 1, 1993, is the period 
  1.26  of time for which an inmate is committed to the custody of the 
  1.27  commissioner of corrections minus earned good time and jail 
  1.28  credit, if any. 
  2.1      (c) "Remaining term of imprisonment" as applied to inmates 
  2.2   whose crimes were committed on or after August 1, 1993, is the 
  2.3   period of time equal to two-thirds of the inmate's executed 
  2.4   sentence, minus jail credit, if any. 
  2.5      Sec. 3.  Minnesota Statutes 2002, section 609.105, is 
  2.6   amended by adding a subdivision to read: 
  2.7      Subd. 1b.  [SENTENCE TO MORE THAN 180 DAYS.] A felony 
  2.8   sentence to imprisonment when the warrant of commitment has a 
  2.9   remaining term of imprisonment for more than 180 days shall 
  2.10  commit the defendant to the custody of the commissioner of 
  2.11  corrections. 
  2.12     Sec. 4.  [PRIVATIZATION PROPOSALS.] 
  2.13     (a) The commissioner of corrections, in consultation with 
  2.14  the commissioner of administration, must issue a request for 
  2.15  proposals by September 1, 2003, for one or more vendors to 
  2.16  provide correctional facility or facilities, for persons 
  2.17  committed to the commissioner of corrections on or after July 1, 
  2.18  2006.  The request for proposals issued under this section must 
  2.19  relate to the care, custody, and programming for all of state 
  2.20  housed offenders with remaining term of imprisonment of less 
  2.21  than 365 days.  The commissioner may consider proposals from: 
  2.22     (1) private vendors with facilities either within or 
  2.23  outside of Minnesota; 
  2.24     (2) consortium of counties; 
  2.25     (3) nonprofit entities; or 
  2.26     (4) any other state partnerships. 
  2.27     (b) The commissioner must consider the following factors in 
  2.28  issuing the request for proposals: 
  2.29     (1) type and length of programming for offenders serving 
  2.30  less than one year; 
  2.31     (2) the transport of offenders to and from any facility; 
  2.32     (3) detailed current and future costs and per diems 
  2.33  associated with the facility; 
  2.34     (4) admission and release procedures of the proposed 
  2.35  facility; 
  2.36     (5) insurance of proposed vendor; and 
  3.1      (6) other factors deemed appropriate for consideration by 
  3.2   the commissioner of corrections. 
  3.3      Sec. 5.  [COST-EFFECTIVENESS STUDY; PRISON PRIVATIZATION.] 
  3.4      By February 1, 2004, the commissioner of corrections shall 
  3.5   report to the chairs and ranking minority members of the 
  3.6   legislative committees having jurisdiction over corrections and 
  3.7   judiciary policy and finance on the proposals obtained in 
  3.8   section 4. 
  3.9      Sec. 6.  [REPEALER.] 
  3.10     Laws 2002, chapter 220, article 6, section 6, is repealed.