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HF 1553

2nd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 2nd Engrossment

  1.1                          A bill for an act 
  1.2             relating to corrections; authorizing offenders 
  1.3             conditionally released to perform community work 
  1.4             service to file claims for injuries sustained during 
  1.5             compensated service; repealing a requirement for a 
  1.6             report on training funds; authorizing expenditure of 
  1.7             funds for staff working in licensed juvenile 
  1.8             facilities; authorizing deduction from an inmate's 
  1.9             account of restitution ordered for damage to staff 
  1.10            property and personal injuries to another; authorizing 
  1.11            the commissioner to require any inmate to participate 
  1.12            in rehabilitative programs and impose disciplinary 
  1.13            sanctions for refusal to participate; clarifying that 
  1.14            sentence for imprisonment is only for felonies; making 
  1.15            certain criminal justice agency records available to 
  1.16            commissioner of corrections and probation officers; 
  1.17            specifying criteria for commitment of juvenile male 
  1.18            offenders at the Minnesota correctional facility-Red 
  1.19            Wing; repealing the law authorizing the mutual 
  1.20            agreement rehabilitative program; prohibiting use of 
  1.21            state funds to acquire art for state correctional 
  1.22            facilities; amending Minnesota Statutes 1998, sections 
  1.23            3.739, subdivision 1; 16B.35, by adding a subdivision; 
  1.24            241.01, subdivision 5; 241.0221, subdivisions 1 and 2; 
  1.25            241.26, subdivision 5; 243.23, subdivision 3; 244.03; 
  1.26            244.05, subdivision 1b; 609.105, subdivision 1; and 
  1.27            609.115, subdivision 3; Laws 1997, chapter 239, 
  1.28            article 9, section 45; repealing Minnesota Statutes 
  1.29            1998, section 244.02. 
  1.31     Section 1.  Minnesota Statutes 1998, section 3.739, 
  1.32  subdivision 1, is amended to read: 
  1.33     Subdivision 1.  [PERMISSIBLE CLAIMS.] Claims and demands 
  1.34  arising out of the circumstances described in this subdivision 
  1.35  shall be presented to, heard, and determined as provided in 
  1.36  subdivision 2: 
  1.37     (1) an injury to or death of an inmate of a state, 
  2.1   regional, or local correctional facility or county jail who has 
  2.2   been conditionally released and ordered to perform compensated 
  2.3   or uncompensated work for a state agency, a political 
  2.4   subdivision or public corporation of this state, a nonprofit 
  2.5   educational, medical, or social service agency, or a private 
  2.6   business or individual, as a condition of the release, while 
  2.7   performing the work; 
  2.8      (2) an injury to or death of a person sentenced by a court, 
  2.9   granted a suspended sentence by a court, or subject to a court 
  2.10  disposition order, and who, under court order, is performing 
  2.11  work (a) in restitution, (b) in lieu of or to work off fines or 
  2.12  court ordered costs, (c) in lieu of incarceration, or (d) as a 
  2.13  term or condition of a sentence, suspended sentence, or 
  2.14  disposition order, while performing the work; 
  2.15     (3) an injury to or death of a person, who has been 
  2.16  diverted from the court system and who is performing work as 
  2.17  described in paragraph (1) or (2) under a written agreement 
  2.18  signed by the person, and if a juvenile, by a parent or 
  2.19  guardian; 
  2.20     (4) an injury to or death of any person caused by an 
  2.21  individual who was performing work as described in paragraph 
  2.22  (1), (2), or (3); or 
  2.23     (5) necessary medical care of offenders sentenced to the 
  2.24  Camp Ripley work program described in section 241.277. 
  2.25     Sec. 2.  Minnesota Statutes 1998, section 16B.35, is 
  2.26  amended by adding a subdivision to read: 
  2.27     Subd. 1a.  [NOT IN PRISONS.] Notwithstanding subdivision 1, 
  2.28  no part of a state appropriation may be used to acquire or 
  2.29  install works of art in a state correctional facility. 
  2.30     Sec. 3.  Minnesota Statutes 1998, section 241.01, 
  2.31  subdivision 5, is amended to read: 
  2.32     Subd. 5.  [TRAINING PROGRAM.] For the maintenance of 
  2.33  adequate standards of operation in discharging the functions of 
  2.34  the department, obtaining suitable candidates for positions for 
  2.35  which there is a scarcity of qualified applicants, and the 
  2.36  development of more effective treatment programs directed toward 
  3.1   the correction and rehabilitation of persons found delinquent or 
  3.2   guilty of crimes, and of more effective delinquency prevention 
  3.3   the commissioner of corrections shall establish a training 
  3.4   program including but not limited to in-service, preservice, 
  3.5   internship and scholarship programs, and an operational research 
  3.6   program.  Within the limits of appropriations available, the 
  3.7   commissioner may provide educational stipends or tuition 
  3.8   reimbursement in such amounts and upon such terms and conditions 
  3.9   as may be determined jointly by the commissioner of employee 
  3.10  relations.  Within the limits of appropriations therefor the 
  3.11  commissioner shall establish and provide personnel, facilities 
  3.12  and equipment for research and study to evaluate the 
  3.13  effectiveness of correctional treatment in camps, facilities, 
  3.14  probation and parole investigation and supervision and 
  3.15  delinquency prevention. 
  3.16     The commissioner may provide training to public or private 
  3.17  agencies or organizations and may require the participating 
  3.18  agencies or organizations to pay all or part of the costs of the 
  3.19  training.  All sums of money received pursuant to the agreements 
  3.20  shall not cancel until the end of the fiscal year immediately 
  3.21  following the fiscal year in which the funds were received.  The 
  3.22  funds are available for use by the commissioner during that 
  3.23  period and are appropriated annually to the commissioner of 
  3.24  corrections for the purposes of this subdivision.  Beginning 
  3.25  July 1, 1994, the commissioner shall report annually to the 
  3.26  chairs of the house ways and means committee and the senate 
  3.27  finance committee on the amount and use of funds received under 
  3.28  this subdivision. 
  3.29     Sec. 4.  Minnesota Statutes 1998, section 241.0221, 
  3.30  subdivision 1, is amended to read: 
  3.31     Subdivision 1.  [DEFINITIONS.] The definitions in this 
  3.32  subdivision apply to this section.  
  3.33     (a) "Commissioner" means the commissioner of corrections.  
  3.34     (b) "Local detention facility" means a county or 
  3.35  multicounty facility that detains or confines preadjudicated or 
  3.36  adjudicated delinquent and nondelinquent offenders, including 
  4.1   offenders defined in section 260.015, subdivisions 21, 22, and 
  4.2   23.  
  4.3      (c) "Twenty-four-hour temporary holdover facility" means a 
  4.4   physically restricting or a physically unrestricting facility 
  4.5   used for up to 24 hours, excluding weekends and holidays, for 
  4.6   the care of one or more children who are being detained under 
  4.7   chapter 260.  
  4.8      (d) "Twenty-four-hour temporary holdover facility 
  4.9   operational subsidy" means a subsidy in an amount not to exceed 
  4.10  $7 per hour for wages for staff supervision services provided to 
  4.11  a delinquent child held within a 24-hour temporary holdover 
  4.12  facility. 
  4.13     (e) "Eight-day temporary holdover facility" means a 
  4.14  physically restricting and unrestricting facility of not more 
  4.15  than eight beds, two of which must be capable of being 
  4.16  physically restricting.  The maximum period that a child can be 
  4.17  detained under chapter 260 in this facility is eight days, 
  4.18  excluding weekends and holidays.  
  4.19     (f) "Eight-day temporary holdover facility operational 
  4.20  subsidy" means a subsidy in an amount not to exceed 50 percent 
  4.21  of the annual actual operating costs of the facility and not to 
  4.22  exceed $100,000, whichever is less. 
  4.23     (g) "Secure juvenile detention center" means a physically 
  4.24  restricting facility licensed under Minnesota Rules, chapter 
  4.25  2930, and used for the temporary care of a delinquent child 
  4.26  being detained under chapter 260.  
  4.27     (h) "Alternative detention programs" include, but are not 
  4.28  limited to, home detention services, transportation services, 
  4.29  including programs designed to return runaway children to their 
  4.30  legal place of residence, custody detention services, training 
  4.31  subsidy programs, and administrative services.  
  4.32     (i) "Secure juvenile detention center subsidy" means the 
  4.33  $1,200 per bed subsidy authorized under subdivisions 2 and 5, 
  4.34  paragraph (b).  
  4.35     (j) "Transportation service" means transportation of a 
  4.36  child who is being detained under chapter 260, including costs 
  5.1   of wages, mileage and meal expenses, and costs for transporting 
  5.2   and returning delinquent children who have absconded from their 
  5.3   legal place of residence. 
  5.4      (k) "Home detention service" means:  
  5.5      (1) supervision of children who are residing at their legal 
  5.6   place of residence and who are being detained under chapter 260 
  5.7   and includes costs incurred for wages, mileage, and expenses 
  5.8   associated with supervision; 
  5.9      (2) a training subsidy used to pay for expenses incurred in 
  5.10  training home detention staff; and 
  5.11     (3) electronic surveillance program costs incurred in 
  5.12  electronic monitoring of children who are being detained at home 
  5.13  or at their legal place of residence under chapter 260.  
  5.14     (l) "Custody detention service" means secure and nonsecure 
  5.15  detention per diem costs for a child who is being detained under 
  5.16  chapter 260.  
  5.17     (m) "Training subsidy" means a subsidy associated with 
  5.18  training required staff to implement temporary holdover facility 
  5.19  programs, transportation services, and home detention services.  
  5.20     (n) "Administrative services" means administering, 
  5.21  coordinating, and implementing the 24-hour temporary holdover 
  5.22  facilities, juvenile detention alternative programs involving 
  5.23  transportation, home detention, and custody detention services.  
  5.24     (o) "Administrative start-up subsidy" means a subsidy 
  5.25  associated with services rendered to get a 24-hour temporary 
  5.26  holdover facility established and operating as required and not 
  5.27  to exceed $2,000 per facility.  
  5.28     (p) "Training services" means training services provided by 
  5.29  the commissioner of corrections to subsidy participants, either 
  5.30  directly or through purchase of service contractual agreements. 
  5.31     Sec. 5.  Minnesota Statutes 1998, section 241.0221, 
  5.32  subdivision 2, is amended to read: 
  5.35  PARTICIPANTS.] (a) The commissioner may, out of money 
  5.36  appropriated for the purposes of this section,: 
  6.1      (1) subsidize counties or groups of counties to assist in:  
  6.2      (a) (i) construction or rehabilitation of local detention 
  6.3   facilities;, and 
  6.4      (b) (ii) developing or maintaining adequate local detention 
  6.5   facility operations or alternative detention programs; and 
  6.6      (2) expend funds to provide for training of any juvenile 
  6.7   facility staff who work in department of corrections licensed 
  6.8   juvenile facilities or who work in alternative detention 
  6.9   programs subsidized by this section. 
  6.10     Sec. 6.  Minnesota Statutes 1998, section 241.26, 
  6.11  subdivision 5, is amended to read: 
  6.12     Subd. 5.  [EARNINGS; WORK RELEASE ACCOUNT.] The net 
  6.13  earnings of each inmate participating in the work release 
  6.14  program provided by this section may be collected by or 
  6.15  forwarded to the commissioner of corrections for deposit to the 
  6.16  account of the inmate in the work release account in the state 
  6.17  treasury, or the inmate may be permitted to collect, retain, and 
  6.18  expend the net earnings from the inmate's employment under rules 
  6.19  established by the commissioner of corrections.  The money 
  6.20  collected by or forwarded to the commissioner under the rules 
  6.21  shall remain under the control of the commissioner for the sole 
  6.22  benefit of the inmate.  After making deductions for the payment 
  6.23  of state and local taxes, if necessary, and for repayment of 
  6.24  advances and gate money as provided in section 243.24, wages 
  6.25  under the control of the commissioner and wages retained by the 
  6.26  inmate may be disbursed by the commissioner or expended by the 
  6.27  inmate for the following purposes and in the following order:  
  6.28     (1) The cost of the inmate's keep as determined by 
  6.29  subdivision 7, which money shall be deposited in the general 
  6.30  fund of the state treasury if the inmate is housed in a state 
  6.31  correctional facility, or shall be paid directly to the place of 
  6.32  confinement as designated by the commissioner pursuant to 
  6.33  subdivision 1; 
  6.34     (2) Necessary travel expense to and from work and other 
  6.35  incidental expenses of the inmate; 
  6.36     (3) Support of inmate's dependents, if any; 
  7.1      (4) Court-ordered restitution, if any; 
  7.2      (5) Fines, surcharges, or other fees assessed or ordered by 
  7.3   the court; 
  7.4      (6) Contribution to any programs established by law to aid 
  7.5   victims of crime, provided that the contribution must not be 
  7.6   more than 20 percent of the inmate's gross wages; 
  7.7      (7) Restitution to the commissioner of corrections ordered 
  7.8   by a prison disciplinary hearing officer for damage to property 
  7.9   caused by an inmate's conduct; 
  7.10     (8) Restitution to staff ordered by a prison disciplinary 
  7.11  hearing officer for damage to property caused by an inmate's 
  7.12  conduct; 
  7.13     (9) Restitution to another inmate ordered by a prison 
  7.14  disciplinary hearing officer for personal injury to another 
  7.15  caused by an inmate's conduct; 
  7.16     (8) (10) After the above expenditures, the inmate shall 
  7.17  have discretion to direct payment of the balance, if any, upon 
  7.18  proper proof of personal legal debts; 
  7.19     (9) (11) The balance, if any, shall be disbursed to the 
  7.20  inmate as provided in section 243.24, subdivision 1. 
  7.21     The commissioner may authorize the payment of court-ordered 
  7.22  restitution from an inmate's wages when the restitution was 
  7.23  court ordered as a sanction for the conviction of an offense 
  7.24  which is not the offense of commitment, including offenses which 
  7.25  occurred prior to the offense for which the inmate was committed 
  7.26  to the commissioner.  All money in the work release account are 
  7.27  appropriated annually to the commissioner of corrections for the 
  7.28  purposes of the work release program. 
  7.29     Sec. 7.  Minnesota Statutes 1998, section 243.23, 
  7.30  subdivision 3, is amended to read: 
  7.31     Subd. 3.  [EXCEPTIONS.] Notwithstanding sections 241.26, 
  7.32  subdivision 5, and 243.24, subdivision 1, the commissioner may 
  7.33  make deductions from funds earned under subdivision 1, or other 
  7.34  funds in an inmate account, and section 243.88, subdivision 2.  
  7.35  The commissioner shall make deductions for the following 
  7.36  expenses in the following order of priority: 
  8.1      (1) federal and state taxes; 
  8.2      (2) repayment of advances; 
  8.3      (3) gate money as provided in section 243.24; 
  8.4      (4) support of families and dependent relatives of the 
  8.5   respective inmates; 
  8.6      (5) payment of court-ordered restitution; 
  8.7      (6) room and board or other costs of confinement; 
  8.8      (7) medical expenses incurred under section 243.212; 
  8.9      (8) payment of fees and costs in a civil action commenced 
  8.10  by an inmate; 
  8.11     (9) payment of fines, surcharges, or other fees assessed or 
  8.12  ordered by a court; 
  8.13     (10) contribution to the crime victims reparations board 
  8.14  created under section 611A.55, provided that the contribution 
  8.15  shall not be more than 20 percent of an inmate's gross wages; 
  8.16     (11) the payment of restitution to the commissioner ordered 
  8.17  by prison disciplinary hearing officers for damage to property 
  8.18  caused by an inmate's conduct; and 
  8.19     (12) restitution to staff ordered by a prison disciplinary 
  8.20  hearing officer for damage to property caused by an inmate's 
  8.21  conduct; 
  8.22     (13) restitution to another inmate ordered by a prison 
  8.23  disciplinary hearing officer for personal injury to another 
  8.24  caused by an inmate's conduct; and 
  8.25     (12) (14) discharge of any legal obligations arising out of 
  8.26  litigation under this subdivision.  
  8.27     The commissioner may authorize the payment of court-ordered 
  8.28  restitution from an inmate's wages when the restitution was 
  8.29  ordered by the court as a sanction for the conviction of an 
  8.30  offense which is not the offense of commitment, including 
  8.31  offenses which occurred prior to the offense for which the 
  8.32  inmate was committed to the commissioner.  An inmate of an adult 
  8.33  correctional facility under the control of the commissioner is 
  8.34  subject to actions for the enforcement of support obligations 
  8.35  and reimbursement of any public assistance rendered the 
  8.36  dependent family and relatives.  The commissioner may 
  9.1   conditionally release an inmate who is a party to an action 
  9.2   under this subdivision and provide for the inmate's detention in 
  9.3   a local detention facility convenient to the place of the 
  9.4   hearing when the inmate is not engaged in preparation and 
  9.5   defense. 
  9.6      Sec. 8.  Minnesota Statutes 1998, section 244.03, is 
  9.7   amended to read: 
  9.8      244.03 [REHABILITATIVE PROGRAMS.] 
  9.9      The commissioner shall provide appropriate mental health 
  9.10  programs and vocational and educational programs with 
  9.11  employment-related goals for inmates who desire to voluntarily 
  9.12  participate in such programs and for inmates who are required to 
  9.13  participate in the programs under the disciplinary offense rules 
  9.14  adopted by the commissioner under section 244.05, subdivision 
  9.15  1b.  The selection, design and implementation of programs under 
  9.16  this section shall be the sole responsibility of the 
  9.17  commissioner, acting within the limitations imposed by the funds 
  9.18  appropriated for such programs. 
  9.19     No action challenging the level of expenditures for 
  9.20  programs authorized under this section, nor any action 
  9.21  challenging the selection, design or implementation of these 
  9.22  programs, may be maintained by an inmate in any court in this 
  9.23  state. 
  9.24     The commissioner may impose disciplinary sanctions upon any 
  9.25  inmate who refuses to participate in rehabilitative programs. 
  9.26     Sec. 9.  Minnesota Statutes 1998, section 244.05, 
  9.27  subdivision 1b, is amended to read: 
  9.29  ON OR AFTER AUGUST 1, 1993.] (a) Except as provided in 
  9.30  subdivisions 4 and 5, every inmate sentenced to prison for a 
  9.31  felony offense committed on or after August 1, 1993, shall serve 
  9.32  a supervised release term upon completion of the inmate's term 
  9.33  of imprisonment and any disciplinary confinement period imposed 
  9.34  by the commissioner due to the inmate's violation of any 
  9.35  disciplinary offense rule adopted by the commissioner under 
  9.36  paragraph (b) or refusal to participate in a rehabilitative 
 10.1   program required under section 244.03.  The amount of time the 
 10.2   inmate serves on supervised release shall be equal in length to 
 10.3   the amount of time remaining in the inmate's executed sentence 
 10.4   after the inmate has served the term of imprisonment and any 
 10.5   disciplinary confinement period imposed by the commissioner. 
 10.6      (b) By August 1, 1993, the commissioner shall modify the 
 10.7   commissioner's existing disciplinary rules to specify 
 10.8   disciplinary offenses which may result in imposition of a 
 10.9   disciplinary confinement period and the length of the 
 10.10  disciplinary confinement period for each disciplinary offense.  
 10.11  These disciplinary offense rules may cover violation of 
 10.12  institution rules, refusal to work, refusal to participate in 
 10.13  treatment or other rehabilitative programs, and other matters 
 10.14  determined by the commissioner.  No inmate who violates a 
 10.15  disciplinary rule or refuses to participate in a rehabilitative 
 10.16  program as required under section 244.03 shall be placed on 
 10.17  supervised release until the inmate has served the disciplinary 
 10.18  confinement period for that disciplinary sanction or until the 
 10.19  inmate is discharged or released from punitive segregation 
 10.20  confinement, whichever is later.  The imposition of a 
 10.21  disciplinary confinement period shall be considered to be a 
 10.22  disciplinary sanction imposed upon an inmate, and the procedure 
 10.23  for imposing the disciplinary confinement period and the rights 
 10.24  of the inmate in the procedure shall be those in effect for the 
 10.25  imposition of other disciplinary sanctions at each state 
 10.26  correctional institution. 
 10.27     Sec. 10.  Minnesota Statutes 1998, section 609.105, 
 10.28  subdivision 1, is amended to read: 
 10.29     Subdivision 1.  Except as otherwise provided in subdivision 
 10.30  3, a felony sentence to imprisonment for more than one year 
 10.31  shall commit the defendant to the custody of the commissioner of 
 10.32  corrections.  
 10.33     Sec. 11.  Minnesota Statutes 1998, section 609.115, 
 10.34  subdivision 3, is amended to read: 
 10.36  DISCLOSURE REQUIREMENTS.] All law enforcement criminal justice 
 11.1   agencies shall make available at no cost to the probation 
 11.2   officer or the commissioner of corrections the criminal record 
 11.3   and other relevant information relating to the defendant which 
 11.4   they may have, when requested for the purposes of subdivisions 1 
 11.5   and 2. 
 11.6      Sec. 12.  Laws 1997, chapter 239, article 9, section 45, is 
 11.7   amended to read:  
 11.10     (a) By January 1, 1999, the commissioner of corrections 
 11.11  shall develop admissions criteria for the placement of juveniles 
 11.12  at the Minnesota correctional facility-Red Wing.  In developing 
 11.13  these criteria, the commissioner shall seek and consider the 
 11.14  advice of county representatives.  These criteria must ensure 
 11.15  that juveniles who commit less serious offenses or who do not 
 11.16  need the type of supervision and programming available at Red 
 11.17  Wing are not placed there.  Youth not meeting these established 
 11.18  criteria must not be admitted.  These criteria must ensure that 
 11.19  to the greatest extent possible, juveniles are supervised and 
 11.20  programmed for in the community in which they live or whose 
 11.21  jurisdiction they are under. 
 11.22     (b) By February 15, 1998, the commissioner shall report to 
 11.23  the chairs of the senate crime prevention and judiciary budget 
 11.24  division and the house judiciary finance division on the 
 11.25  development of the criteria required under paragraph (a).  The 
 11.26  report must include draft admissions criteria. 
 11.27     Sec. 13.  [REPEALER.] 
 11.28     Minnesota Statutes 1998, section 244.02, is repealed.