HF 1313

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:48am

A bill for an act
relating to human services, allocating wages paid to patients of the Minnesota
Sex Offender Program; amending Minnesota Statutes 2008, sections 246B.05,
subdivisions 1, 3, by adding a subdivision; 246B.06, subdivisions 1, 6.

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

Section 1.

Minnesota Statutes 2008, section 246B.05, is amended by adding a
subdivision to read:

new text begin Subd. 4. new text end

new text begin Wages. new text end

new text begin Notwithstanding section 177.24, or any other law to the contrary,
wages paid to patients working in this program are at the discretion of the commissioner
of human services.
new text end

Sec. 2.

Minnesota Statutes 2008, section 246B.05, subdivision 1, is amended to read:

Subdivision 1.

Employment option.

The commissioner of human services, in
consultation with the commissioner of corrections, shall develop an employment option
for persons committed to a sexual psychopathic personality treatment center in order for
patients to contribute to their cost of care. The employment may include work maintaining
the center or work that is brought to the center by an outside source. The earnings
generated must be deposited into the account created in subdivision 2 and divided deleted text begin between
the participating patient and the center, in an effort to reduce state costs deleted text end new text begin according to
subdivision 3 new text end .

Sec. 3.

Minnesota Statutes 2008, section 246B.05, subdivision 3, is amended to read:

Subd. 3.

Money.

The commissioner deleted text begin has the authority to deleted text end new text begin shall new text end collect money
resulting from the productive day program, and retain 50 percent to reimburse the state
for the cost of administering the work program and for the purpose of reducing state
costs associated with the Minnesota sex offender program deleted text begin and return 50 percent of the
earnings to the patient deleted text end .

Sec. 4.

Minnesota Statutes 2008, section 246B.06, subdivision 1, is amended to read:

Subdivision 1.

Establishment; purpose.

(a) The commissioner of human
services may establish, equip, maintain, and operate the Minnesota State Industries at
any Minnesota sex offender program facility under this chapter. The commissioner
may establish industrial and commercial activities for sex offender treatment patients
as the commissioner deems necessary and suitable to the profitable employment,
educational training, and development of proper work habits of patients consistent with
the requirements in section 246B.05. The industrial and commercial activities authorized
by this section are designated Minnesota State Industries and must be for the primary
purpose of sustaining and ensuring Minnesota State Industries' self-sufficiency, providing
educational training, meaningful employment, and the teaching of proper work habits to
the patients of the Minnesota sex offender program under this chapter, and not solely as
competitive business ventures.

(b) deleted text begin The net profits from Minnesota State Industries must be used for the benefit
of the patients as it relates to building education and self-sufficiency skills. deleted text end Prior to
the establishment of any industrial and commercial activity, the commissioner of
human services shall consult with stakeholders including representatives of business,
industry, organized labor, the commissioner of education, the state Apprenticeship
Council, the commissioner of labor and industry, the commissioner of employment and
economic development, the commissioner of administration, and other stakeholders the
commissioner deems qualified. The purpose of the stakeholder consultation is to determine
the quantity and nature of the goods, wares, merchandise, and services to be made or
provided, and the types of processes to be used in their manufacture, processing, repair,
and production consistent with the greatest opportunity for the reform and educational
training of the patients, and with the best interests of the state, business, industry, and labor.

(c) The commissioner of human services shall, at all times in the conduct of any
industrial or commercial activity authorized by this section, utilize patient labor to the
greatest extent feasible, provided that the commissioner may employ all administrative,
supervisory, and other skilled workers necessary to the proper instruction of the patients
and the profitable and efficient operation of the industrial and commercial activities
authorized by this section.

(d) The commissioner of human services may authorize the director of any
Minnesota sex offender treatment facility under the commissioner's control to accept
work projects from outside sources for processing, fabrication, or repair, provided that
preference is given to the performance of work projects for state departments and agencies.

Sec. 5.

Minnesota Statutes 2008, section 246B.06, subdivision 6, is amended to read:

Subd. 6.

Wages.

Notwithstanding section 177.24 or any other law to the
contrary, wages paid to patients working within this program are at the discretion of the
commissioner of human services new text begin and are subject to the following allocation: 50 percent of
wages shall be retained by the commissioner to reduce the state costs associated with the
Minnesota sex offender program new text end .