HF 2321

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/18/2021 04:18pm

A bill for an act
relating to public safety; specifying the advice that the commissioner of corrections
must provide counties considering repairing or replacing a jail; amending Minnesota
Statutes 2020, section 641.21.

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

Section 1.

Minnesota Statutes 2020, section 641.21, is amended to read:

641.21 JAIL; ADVICE ON CONSTRUCTION.

new text begin (a) new text end When any county board determines to purchase, lease or erect a new jail, or to repair
an existing one at an expense of more than $15,000, it shall pass a resolution to that effect,
and transmit a copy thereof to the commissioner of corrections, who, within 30 days
thereafter, shall transmit to that county board the advice and suggestions in reference to the
purchase, lease or construction thereof as the commissioner deems proper. new text begin The
commissioner's advice must include specific comments that evaluate and assess the need
for the county's proposal.
new text end

new text begin (b) In formulating the required advice and suggestions under this section, the
commissioner must assess and consider the following factors:
new text end

new text begin (1) the average daily number of offenders incarcerated in the county's current facility:
new text end

new text begin (i) who are in pretrial detention;
new text end

new text begin (ii) who cannot afford to pay bail;
new text end

new text begin (iii) for failure to pay fines and fees;
new text end

new text begin (iv) for offenses that stem from controlled substance addiction or mental health disorders;
new text end

new text begin (v) for nonfelony offenses;
new text end

new text begin (vi) who are detained pursuant to contracts with other authorities; and
new text end

new text begin (vii) for supervised release and probation violations; and
new text end

new text begin (2) the actual cost of building a new facility, purchasing another facility, or repairing
the county's current facility.
new text end

new text begin (c) Prior to providing advice and suggestions under this section, the commissioner must
consult with the following persons:
new text end

new text begin (1) the county sheriff or sheriffs that operate or detain offenders in the county's current
facility;
new text end

new text begin (2) the administrators of the county's current facility;
new text end

new text begin (3) the county and city attorneys that prosecute offenders who are incarcerated in the
county's current facility;
new text end

new text begin (4) the chief law enforcement officers of agencies that detain offenders in the county's
current facility; and
new text end

new text begin (5) the district court administrator for the judicial district where the county's current
facility is located.
new text end

new text begin Each party receiving a request for information from the commissioner under this section
shall provide the requested information in a timely manner.
new text end

new text begin (d) The commissioner must engage and solicit feedback from citizens who live in the
communities served by the project submitted to the commissioner prior to providing advice
and suggestions under this section.
new text end

new text begin (e) A county that receives advice and suggestions from the commissioner under this
section must:
new text end

new text begin (1) promptly post the commissioner's advice and suggestions on the county's website in
a prominent location that is easily accessible to citizens; and
new text end

new text begin (2) hold a public hearing on the commissioner's advice and suggestions no sooner than
ten days and no later than 30 days after receipt. The county must provide public notice of
the hearing in a manner that complies with section 13D.04, subdivision 2.
new text end