HF 1821

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to corrections; removing the limit of two 
  1.3             security officers that may be employed by the 
  1.4             commissioner; providing authority to detain certain 
  1.5             juveniles committed to the commissioner who are on 
  1.6             release status; authorizing use of funds received from 
  1.7             other jurisdictions for housing offenders to help 
  1.8             maintain correctional facilities; authorizing 
  1.9             continued detention in eight-day temporary holdover 
  1.10            facilities for juveniles under certain circumstances; 
  1.11            extending the sexual assault and crime victims 
  1.12            advisory councils; repealing the religious instruction 
  1.13            law and the extraordinary discharge statute; amending 
  1.14            Minnesota Statutes 1996, sections 241.01, subdivision 
  1.15            3a; 242.19, subdivision 3; 243.51, subdivisions 1 and 
  1.16            3; 260.1735; 611A.25, subdivision 3; and 611A.361, 
  1.17            subdivision 3; repealing Minnesota Statutes 1996, 
  1.18            sections 241.05; and 244.06. 
  1.19  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.20     Section 1.  Minnesota Statutes 1996, section 241.01, 
  1.21  subdivision 3a, is amended to read: 
  1.22     Subd. 3a.  [COMMISSIONER, POWERS AND DUTIES.] The 
  1.23  commissioner of corrections has the following powers and duties: 
  1.24     (a) To accept persons committed to the commissioner by the 
  1.25  courts of this state for care, custody, and rehabilitation. 
  1.26     (b) To determine the place of confinement of committed 
  1.27  persons in a correctional facility or other facility of the 
  1.28  department of corrections and to prescribe reasonable conditions 
  1.29  and rules for their employment, conduct, instruction, and 
  1.30  discipline within or outside the facility.  Inmates shall not 
  1.31  exercise custodial functions or have authority over other 
  1.32  inmates.  Inmates may serve on the board of directors or hold an 
  2.1   executive position subordinate to correctional staff in any 
  2.2   corporation, private industry or educational program located on 
  2.3   the grounds of, or conducted within, a state correctional 
  2.4   facility with written permission from the chief executive 
  2.5   officer of the facility.  
  2.6      (c) To administer the money and property of the department. 
  2.7      (d) To administer, maintain, and inspect all state 
  2.8   correctional facilities. 
  2.9      (e) To transfer authorized positions and personnel between 
  2.10  state correctional facilities as necessary to properly staff 
  2.11  facilities and programs. 
  2.12     (f) To utilize state correctional facilities in the manner 
  2.13  deemed to be most efficient and beneficial to accomplish the 
  2.14  purposes of this section, but not to close the Minnesota 
  2.15  correctional facility-Stillwater or the Minnesota correctional 
  2.16  facility-St. Cloud without legislative approval.  The 
  2.17  commissioner may place juveniles and adults at the same state 
  2.18  minimum security correctional facilities, if there is total 
  2.19  separation of and no regular contact between juveniles and 
  2.20  adults, except contact incidental to admission, classification, 
  2.21  and mental and physical health care.  
  2.22     (g) To organize the department and employ personnel the 
  2.23  commissioner deems necessary to discharge the functions of the 
  2.24  department, including a chief executive officer for each 
  2.25  facility under the commissioner's control who shall serve in the 
  2.26  unclassified civil service and may, under the provisions of 
  2.27  section 43A.33, be removed only for cause, and two internal 
  2.28  affairs officers for security. 
  2.29     (h) To define the duties of these employees and to delegate 
  2.30  to them any of the commissioner's powers, duties and 
  2.31  responsibilities, subject to the commissioner's control and the 
  2.32  conditions the commissioner prescribes. 
  2.33     (i) To annually develop a comprehensive set of goals and 
  2.34  objectives designed to clearly establish the priorities of the 
  2.35  department of corrections.  This report shall be submitted to 
  2.36  the governor and the state legislature commencing January 1, 
  3.1   1976.  The commissioner may establish ad hoc advisory committees.
  3.2      Sec. 2.  Minnesota Statutes 1996, section 242.19, 
  3.3   subdivision 3, is amended to read: 
  3.4      Subd. 3.  [RETAKING ABSCONDING AND OTHER PERSON.] The 
  3.5   written order of the commissioner of corrections is authority to 
  3.6   any peace officer or parole or probation officer to take and 
  3.7   detain any child committed to the commissioner of corrections by 
  3.8   a juvenile court who absconds from field supervision or, escapes 
  3.9   from confinement, or is awaiting further order of the 
  3.10  commissioner.  However, if the child has attained the age of 18 
  3.11  years, the commissioner shall issue a warrant directed to any 
  3.12  peace officer or parole or probation officer requiring that the 
  3.13  fugitive be taken into immediate custody to await the further 
  3.14  order of the commissioner.  Any person of the age of 18 years or 
  3.15  older who is taken into custody under the provisions of this 
  3.16  subdivision may be detained as provided in section 260.173, 
  3.17  subdivision 4. 
  3.18     Sec. 3.  Minnesota Statutes 1996, section 243.51, 
  3.19  subdivision 1, is amended to read: 
  3.20     Subdivision 1.  The commissioner of corrections is hereby 
  3.21  authorized to contract with agencies and bureaus of the United 
  3.22  States and with the proper officials of other states or a county 
  3.23  of this state for the custody, care, subsistence, education, 
  3.24  treatment and training of persons convicted of criminal offenses 
  3.25  constituting felonies in the courts of this state, the United 
  3.26  States, or other states of the United States.  Such contracts 
  3.27  shall provide for reimbursing the state of Minnesota for all 
  3.28  costs or other expenses involved.  Funds received under such 
  3.29  contracts shall be deposited in the state treasury and are 
  3.30  appropriated to the commissioner of corrections for correctional 
  3.31  purposes, including capital improvements.  Any prisoner 
  3.32  transferred to the state of Minnesota pursuant to this 
  3.33  subdivision shall be subject to the terms and conditions of the 
  3.34  prisoner's original sentence as if the prisoner were serving the 
  3.35  same within the confines of the state in which the conviction 
  3.36  and sentence was had or in the custody of the United States.  
  4.1   Nothing herein shall deprive such inmate of the right to parole 
  4.2   or the rights to legal process in the courts of this state.  
  4.3      Sec. 4.  Minnesota Statutes 1996, section 243.51, 
  4.4   subdivision 3, is amended to read: 
  4.5      Subd. 3.  [TEMPORARY DETENTION.] The commissioner of 
  4.6   corrections is authorized to contract with agencies and bureaus 
  4.7   of the United States and with the appropriate officials of any 
  4.8   other state or county of this state for the temporary detention 
  4.9   of any person in custody pursuant to any process issued under 
  4.10  the authority of the United States, other states of the United 
  4.11  States, or the district courts of this state.  The contract 
  4.12  shall provide for reimbursement to the state of Minnesota for 
  4.13  all costs and expenses involved.  Money received under contracts 
  4.14  shall be deposited in the state treasury and are appropriated to 
  4.15  the commissioner of corrections for correctional purposes, 
  4.16  including capital improvements. 
  4.17     Sec. 5.  Minnesota Statutes 1996, section 260.1735, is 
  4.18  amended to read: 
  4.19     260.1735 [EXTENSION OF DETENTION PERIOD.] 
  4.20     Subdivision 1.  [DETENTION.] Before July 1, 1997 1999, and 
  4.21  pursuant to a request from an eight-day temporary holdover 
  4.22  facility, as defined in section 241.0221, the commissioner of 
  4.23  corrections, or the commissioner's designee, may grant a 
  4.24  one-time extension per child to the eight-day limit on detention 
  4.25  under this chapter.  This extension may allow such a facility to 
  4.26  detain a child for up to 30 days including weekends and 
  4.27  holidays.  Upon the expiration of the extension, the child may 
  4.28  not be transferred to another eight-day temporary holdover 
  4.29  facility.  The commissioner shall develop criteria for granting 
  4.30  extensions under this section.  These criteria must ensure that 
  4.31  the child be transferred to a long-term juvenile detention 
  4.32  facility as soon as such a transfer is possible.  Nothing in 
  4.33  this section changes the requirements in section 260.172 
  4.34  regarding the necessity of detention hearings to determine 
  4.35  whether continued detention of the child is proper. 
  4.36     Subd. 2.  [CONTINUED DETENTION.] (a) A delay not to exceed 
  5.1   48 hours may be made if the facility in which the child is 
  5.2   detained is located where conditions of distance to be traveled 
  5.3   or other ground transportation do not allow for court 
  5.4   appearances within 24 hours. 
  5.5      (b) A delay may be made if the facility is located where 
  5.6   conditions of safety exist.  Time for an appearance may be 
  5.7   delayed until 24 hours after the time that conditions allow for 
  5.8   reasonably safe travel.  "Conditions of safety" include adverse 
  5.9   life-threatening weather conditions that do not allow for 
  5.10  reasonably safe travel. 
  5.11     The continued detention of a child under paragraph (a) or 
  5.12  (b) must be reported to the commissioner of corrections. 
  5.13     Sec. 6.  Minnesota Statutes 1996, section 611A.25, 
  5.14  subdivision 3, is amended to read: 
  5.15     Subd. 3.  [TERMS; VACANCIES; EXPENSES.] Section 15.059 
  5.16  governs the filling of vacancies and removal of members of the 
  5.17  sexual assault advisory council.  The terms of the members of 
  5.18  the advisory council shall be two years.  No member may serve on 
  5.19  the advisory council for more than two consecutive terms.  
  5.20  Notwithstanding section 15.059, the council shall not expire.  
  5.21  Council members shall receive expense reimbursement as specified 
  5.22  in section 15.059.  
  5.23     Sec. 7.  Minnesota Statutes 1996, section 611A.361, 
  5.24  subdivision 3, is amended to read: 
  5.25     Subd. 3.  [TERMS; VACANCIES; EXPENSES.] Section 15.059 
  5.26  governs the filling of vacancies and removal of members of the 
  5.27  general crime victims advisory council.  The terms of the 
  5.28  members of the advisory council shall be two years.  No member 
  5.29  may serve on the advisory council for more than two consecutive 
  5.30  terms.  Notwithstanding section 15.059, the council shall not 
  5.31  expire.  Council members shall receive expense reimbursement as 
  5.32  specified in section 15.059. 
  5.33     Sec. 8.  [REPEALER.] 
  5.34     Minnesota Statutes 1996, sections 241.05; and 244.06, are 
  5.35  repealed.