HF 1765

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

  1.1                          A bill for an act 
  1.2             relating to crime prevention; authorizing grants to 
  1.3             assist counties to construct regional adult detention 
  1.4             facilities; authorizing the issuance of bonds; 
  1.5             appropriating money. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [LEGISLATIVE FINDINGS AND INTENT.] 
  1.8      The legislature finds that both counties and the state face 
  1.9   financial difficulties, including those stemming from criminal 
  1.10  justice costs.  Recent changes relating to criminal justice 
  1.11  policy have contributed to this burden.  In particular, the 
  1.12  legislature finds that many counties, as well as the Department 
  1.13  of Corrections, are facing a crisis in finding adequate and 
  1.14  appropriate space to incarcerate offenders.  Since state and 
  1.15  local correctional needs and concerns are so intertwined, the 
  1.16  legislature further finds that a collaborative approach by 
  1.17  counties in constructing and operating regional adult detention 
  1.18  facilities and between counties and the state is beneficial and 
  1.19  should be encouraged.  In recognition of this and of the 
  1.20  critical role that counties play in the criminal justice system, 
  1.21  the legislature's intent is to help ease the financial burden on 
  1.22  counties while encouraging a collaborative approach in criminal 
  1.23  justice.  This in turn will potentially benefit the state by 
  1.24  providing additional bed space options for the Department of 
  1.25  Corrections.  
  2.1      Sec. 2.  [REGIONAL ADULT DETENTION FACILITY CONSTRUCTION 
  2.2   GRANTS.] 
  2.3      Subdivision 1.  [AUTHORIZATION OF GRANTS.] The commissioner 
  2.4   of corrections may make grants to counties, groups of counties, 
  2.5   or a county or group of counties and a tribal government to 
  2.6   defray the planning and construction cost of regional adult 
  2.7   detention facilities as provided in this section.  Grants of up 
  2.8   to 25 percent of the cost of construction may be made to 
  2.9   individual county applicants.  Grants of up to 75 percent of the 
  2.10  cost of construction may be made to multicounty or county or 
  2.11  group of county and tribal government applicants.  The 
  2.12  commissioner shall require a combined local match of at least 75 
  2.13  percent for individual county applicants and at least 25 percent 
  2.14  for multicounty or county or group of county and tribal 
  2.15  government applicants.  The commissioner shall award grants as 
  2.16  provided in subdivisions 2 to 5.  Grants may be used for capital 
  2.17  expenditures to acquire land, design, construct, renovate, 
  2.18  equip, and furnish the facility.  All costs of operation of the 
  2.19  facility must be paid by the entities receiving the grants.  
  2.20  However, the affected parties may agree that costs for offenders 
  2.21  incarcerated in the facility may be billed to the county 
  2.22  fiscally responsible for the costs, or the commissioner of 
  2.23  corrections if the offender is committed to the commissioner and 
  2.24  is required by law to serve the offender's term of imprisonment 
  2.25  in a state correctional facility.  No more than one grant shall 
  2.26  be made in each judicial district. 
  2.27     Subd. 2.  [APPLICATIONS.] Applications for grants shall be 
  2.28  submitted to the commissioner using forms and instructions that 
  2.29  the commissioner shall provide.  The applicants must include a 
  2.30  cooperative plan for the regional adult detention facility and 
  2.31  identify the location of the facility. 
  2.32     Subd. 3.  [AWARD OF GRANT.] The commissioner shall 
  2.33  determine the amount of the grant for each applicant.  Prior to 
  2.34  determining the amount of the grant, the commissioner must 
  2.35  determine that the facility meets the minimum standards and 
  2.36  requirements established by the commissioner under Minnesota 
  3.1   Statutes, section 241.021.  The grant may only be used for 
  3.2   capital expenditures to acquire land, design, construct, 
  3.3   renovate, equip, and furnish a regional adult detention facility.
  3.4      Subd. 4.  [AGREEMENT.] Counties receiving grants must agree 
  3.5   to provide the money needed to finance the nonstate share of the 
  3.6   cost of construction of the facility, and if the grant is to a 
  3.7   group of counties or counties and a tribal government, the 
  3.8   counties must specify how this cost is allocated among the 
  3.9   counties or the counties and tribal government in the group. 
  3.10     Subd. 5.  [REGIONAL FACILITY REQUIRED.] The commissioner 
  3.11  shall ensure that grant recipients use the money for a regional 
  3.12  adult detention facility that serves multiple counties.  The 
  3.13  commissioner shall give priority in awarding grants to 
  3.14  applicants that demonstrate a broad base of collaboration with 
  3.15  other entities and whose projects serve the greatest need.  
  3.16     Subd. 6.  [BONDS FOR LOCAL SHARE.] Counties receiving a 
  3.17  grant under this section may issue general obligation bonds 
  3.18  under Minnesota Statutes, chapter 475, without an election to 
  3.19  finance the nonstate share of the cost of the facility, and the 
  3.20  indebtedness will not be included in the net debt limit of the 
  3.21  county.  Groups of counties receiving a grant may issue these 
  3.22  bonds individually, or may agree that the bonds will be issued 
  3.23  by a single county, with the full faith, credit, and taxing 
  3.24  power of each of the counties in the group pledged for the 
  3.25  repayment of the obligations. 
  3.26     Subd. 7.  [APPROPRIATION.] $40,000,000 is appropriated from 
  3.27  the bond proceeds fund to the commissioner of corrections to 
  3.28  make the grants authorized in this section.  
  3.29     Subd. 8.  [BOND SALE.] To provide the money appropriated in 
  3.30  this section from the bond proceeds fund, the commissioner of 
  3.31  finance shall sell and issue bonds of the state in an amount up 
  3.32  to $40,000,000 in the manner, upon the terms, and with the 
  3.33  effect prescribed by Minnesota Statutes, sections 16A.631 to 
  3.34  16A.675, and by the Minnesota Constitution, article XI, sections 
  3.35  4 to 7. 
  3.36     Sec. 3.  [EFFECTIVE DATE.] 
  4.1      Sections 1 and 2 are effective the day following final 
  4.2   enactment.