HF 1910

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to corrections; deleting and repealing 
  1.3             obsolete provisions relating to reports, food 
  1.4             products, and parole agent residence requirements; 
  1.5             amending Minnesota Statutes 2000, sections 241.67, 
  1.6             subdivision 8; 243.05, subdivision 6; 243.53, 
  1.7             subdivision 1; 244.173; Laws 1996, chapter 436, 
  1.8             section 16, as amended; repealing Minnesota Statutes 
  1.9             2000, sections 241.19; 241.272, subdivision 7; 242.51. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 2000, section 241.67, 
  1.12  subdivision 8, is amended to read: 
  1.13     Subd. 8.  [COMMUNITY-BASED SEX OFFENDER PROGRAM EVALUATION 
  1.14  PROJECT.] (a) For the purposes of this project, a sex offender 
  1.15  is an adult who has been convicted, or a juvenile who has been 
  1.16  adjudicated, for a sex offense or a sex-related offense which 
  1.17  would require registration under section 243.166. 
  1.18     (b) The commissioner shall develop a long-term project to 
  1.19  accomplish the following: 
  1.20     (1) provide follow-up information on each sex offender for 
  1.21  a period of three years following the offender's completion of 
  1.22  or termination from treatment; 
  1.23     (2) provide treatment programs in several geographical 
  1.24  areas in the state; 
  1.25     (3) provide the necessary data to form the basis to 
  1.26  recommend a fiscally sound plan to provide a coordinated 
  1.27  statewide system of effective sex offender treatment 
  2.1   programming; and 
  2.2      (4) provide an opportunity to local and regional 
  2.3   governments, agencies, and programs to establish models of sex 
  2.4   offender programs that are suited to the needs of that region. 
  2.5      (c) The commissioner shall provide the legislature with an 
  2.6   annual report of the data collected and the status of the 
  2.7   project by October 15 of each year, beginning in 1993. 
  2.8      (d) The commissioner shall establish an advisory task force 
  2.9   consisting of county probation officers from Community 
  2.10  Corrections Act counties and other counties, court services 
  2.11  providers, and other interested officials.  The commissioner 
  2.12  shall consult with the task force concerning the establishment 
  2.13  and operation of the project. 
  2.14     Sec. 2.  Minnesota Statutes 2000, section 243.05, 
  2.15  subdivision 6, is amended to read: 
  2.16     Subd. 6.  [SUPERVISION BY COMMISSIONER OF CORRECTIONS; 
  2.17  AGENTS.] (a) The commissioner of corrections, as far as 
  2.18  possible, shall exercise supervision over persons released on 
  2.19  parole or probation pursuant to this section and section 242.19. 
  2.20     (b) The commissioner of corrections shall exercise 
  2.21  supervision over probationers as provided in section 609.135, 
  2.22  and over persons conditionally released pursuant to section 
  2.23  241.26. 
  2.24     (c) For the purposes of clauses (a) and (b), and sections 
  2.25  609.115 and 609.135, subdivision 1, the commissioner shall 
  2.26  appoint state agents who shall be in the classified service of 
  2.27  the state civil service.  The commissioner may also appoint 
  2.28  suitable persons in any part of the state or enter into 
  2.29  agreements with individuals and public or private agencies, for 
  2.30  the same purposes, and pay the costs incurred under the 
  2.31  agreements.  Parole agents shall reside in the various districts 
  2.32  of the state in which they are employed.  Each agent or person 
  2.33  shall perform the duties the commissioner may prescribe in 
  2.34  behalf of or in the supervision of those persons described in 
  2.35  clause (b).  In addition, each agent or person shall act under 
  2.36  the orders of the commissioner in the supervision of those 
  3.1   persons conditionally released as provided in clause (a).  
  3.2   Agents shall provide assistance to conditionally released 
  3.3   persons in obtaining employment, and shall conduct relevant 
  3.4   investigations and studies of persons under supervision upon the 
  3.5   request of the commissioner.  Regional supervisors may also 
  3.6   supervise state parole agents as directed by the commissioner of 
  3.7   corrections. This duty shall not interfere with the supervisor's 
  3.8   responsibility under the County Probation Act, Laws 1959, 
  3.9   chapter 698. 
  3.10     Sec. 3.  Minnesota Statutes 2000, section 243.53, 
  3.11  subdivision 1, is amended to read: 
  3.12     Subdivision 1.  [SEPARATE CELLS.] (a) When there are 
  3.13  sufficient cells available, each inmate shall be confined in a 
  3.14  separate cell.  Each inmate shall be confined in a separate cell 
  3.15  in institutions classified by the commissioner as custody level 
  3.16  five and six institutions.  This requirement does not apply to 
  3.17  the following: 
  3.18     (1) geriatric dormitory-type facilities; 
  3.19     (2) honor dormitory-type facilities; and 
  3.20     (3) any other multiple occupancy facility at a custody 
  3.21  level five or six institution that confines inmates who could be 
  3.22  confined in an institution at custody level four or lower. 
  3.23     (b) Correctional institutions classified by the 
  3.24  commissioner as custody level one, two, three, or four 
  3.25  institutions must permit multiple occupancy, except segregation 
  3.26  units, to the greatest extent possible.  The commissioner shall 
  3.27  annually publish a list of the custody levels of all 
  3.28  correctional institutions. 
  3.29     Sec. 4.  Minnesota Statutes 2000, section 244.173, is 
  3.30  amended to read: 
  3.31     244.173 [CHALLENGE INCARCERATION PROGRAM; EVALUATION AND 
  3.32  REPORT.] 
  3.33     The commissioner shall develop a system for gathering and 
  3.34  analyzing information concerning the value and effectiveness of 
  3.35  the challenge incarceration program.  The commissioner shall 
  3.36  report to the committees of the house of representatives and 
  4.1   senate with jurisdiction over criminal justice policy by January 
  4.2   1, 1996, on the operation of the program. 
  4.3      Sec. 3.  Laws 1996, chapter 436, section 16, as amended by 
  4.4   Laws 1997, chapter 238, section 3, is amended to read: 
  4.5   Subd. 3.  New Facility                               89,000,000
  4.6   To complete design and to construct, 
  4.7   furnish, and equip a new close-custody 
  4.8   correctional facility at custody level 
  4.9   four to provide at least 800 beds. 
  4.10  The commissioner of administration may 
  4.11  use construction delivery methods as 
  4.12  may be appropriate to minimize the cost 
  4.13  of the facility and maximize the 
  4.14  construction time savings.  
  4.15  Before final contract documents for 
  4.16  this project are advertised for 
  4.17  construction bids, the commissioners of 
  4.18  administration and corrections shall 
  4.19  certify to the chairs of the senate 
  4.20  finance committee, the senate crime 
  4.21  prevention finance division, the house 
  4.22  ways and means committee, the house 
  4.23  judiciary finance committee, and the 
  4.24  house capital investment committee that 
  4.25  the program scope of the project has 
  4.26  not increased since the project budget 
  4.27  was reviewed in accordance with 
  4.28  Minnesota Statutes, section 16B.335.  
  4.29  Upon receipt and evaluation of 
  4.30  construction bids and before awarding 
  4.31  contracts for the construction phase of 
  4.32  the project, the commissioners of 
  4.33  administration and finance shall inform 
  4.34  the chairs of the house ways and means 
  4.35  committee and the senate human 
  4.36  resources finance committee and the 
  4.37  chairs of the house and senate policy 
  4.38  and finance committees and divisions 
  4.39  having jurisdiction over criminal 
  4.40  justice issues of the project budget 
  4.41  necessary to complete that portion of 
  4.42  the project.  Any portion of this 
  4.43  appropriation that exceeds the project 
  4.44  budget shall be unallotted by the 
  4.45  commissioner of finance. 
  4.46  By February 1 of each year, the 
  4.47  commissioner shall report to the chairs 
  4.48  of the house judiciary committee and 
  4.49  senate crime prevention committee on 
  4.50  efforts to recruit a workforce for the 
  4.51  correctional facility that is 
  4.52  proportional to the protected groups in 
  4.53  the inmate population, the results of 
  4.54  the efforts, and recommendations for 
  4.55  achieving the goal of proportional 
  4.56  representation of protected class 
  4.57  employees in relation to the inmate 
  4.58  population. 
  4.59  The commissioner of corrections shall 
  4.60  construct an access road from state 
  4.61  trunk highway 361 to the parking lot of 
  5.1   the correctional facility.  The 
  5.2   commissioner of transportation shall 
  5.3   construct any necessary improvements at 
  5.4   the intersection of trunk highway 361 
  5.5   and the access road in order to 
  5.6   facilitate ingress to and egress from 
  5.7   the correctional facility. 
  5.8      Sec. 6.  [REPEALER; CORRECTIONS.] 
  5.9      Subdivision 1.  [FOOD PRODUCTS, PRODUCTION, AND 
  5.10  PRESERVATION; OBSOLETE LAW.] Minnesota Statutes 2000, section 
  5.11  241.19, is repealed. 
  5.12     Subd. 2.  [COLLECTION FEE ANNUAL REPORT.] Minnesota 
  5.13  Statutes 2000, section 241.272, subdivision 7, is repealed. 
  5.14     Subd. 3.  [MINNESOTA CORRECTIONAL FACILITY-SAUK 
  5.15  CENTRE.] Minnesota Statutes 2000, section 242.51, is repealed.