1.1                          A bill for an act
  1.2             relating to corrections; requiring the department of 
  1.3             corrections to determine the feasibility of placing 
  1.4             felony DWI offenders at existing surplus state 
  1.5             facilities; requiring a cost-benefit analysis; 
  1.6             proposing coding for new law in Minnesota Statutes, 
  1.7             chapter 243. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [243.95] [UTILIZATION OF SURPLUS REGIONAL 
  1.10  TREATMENT CENTER FACILITIES TO HOUSE FELONY DWI OFFENDERS.] 
  1.11     (a) Notwithstanding section 243.93, prior to developing a 
  1.12  new facility, expanding the capacity of any existing facility, 
  1.13  or initiating any programming relating to the placement of 
  1.14  felony-level offenders convicted under section 169A.20, the 
  1.15  commissioner of corrections must determine the feasibility of 
  1.16  utilizing existing surplus state facilities.  Specifically, the 
  1.17  commissioner shall consider facilities or buildings that are, or 
  1.18  may become, available at Minnesota's regional treatment 
  1.19  centers.  The commissioner shall conduct a cost-benefit analysis 
  1.20  of utilizing surplus state facilities or buildings.  The 
  1.21  commissioner shall determine the extent and cost of any upgrades 
  1.22  necessary to utilize surplus facilities.  The commissioner shall 
  1.23  assume that upgrades only to achieve a minimum security level 
  1.24  are necessary. 
  1.25     (b) If the commissioner determines that not all 
  1.26  felony-level offenders convicted under section 169A.20 are 
  2.1   appropriate for placement at a minimum security facility, the 
  2.2   commissioner must consider dividing that population into those 
  2.3   for which minimum security is appropriate and those for which it 
  2.4   is not. 
  2.5      (c) The commissioner of corrections must coordinate with 
  2.6   the commissioner of human services in carrying out the analysis 
  2.7   under this section.  The commissioner of human services must 
  2.8   cooperate with, and supply necessary information to, the 
  2.9   commissioner of corrections. 
  2.10     (d) The commissioner must report to the legislature by 
  2.11  January 1, 2002, on the analysis conducted under this section.  
  2.12  If the commissioner determines that utilizing existing, surplus 
  2.13  state facilities is more cost effective than expanding existing 
  2.14  correctional facilities or developing new ones, the commissioner 
  2.15  must submit recommendations to the legislature regarding any 
  2.16  enabling legislation necessary to prepare, and place offenders 
  2.17  at, surplus state facilities as part of the report. 
  2.18     (e) If the commissioner cannot demonstrate that utilizing 
  2.19  existing facilities or buildings at regional treatment centers 
  2.20  is less cost effective than other options, the commissioner must 
  2.21  take all reasonable steps necessary to initiate a plan to place 
  2.22  felony-level offenders convicted under section 169A.20 at those 
  2.23  facilities or buildings.