HF 2550

as introduced - 91st Legislature (2019 - 2020) Posted on 07/09/2019 10:55am

A bill for an act
relating to public safety; adding security screening systems to ionizing
radiation-producing equipment; modifying jail inmate transfer provisions;
establishing guidelines for the use of administrative and disciplinary segregation
in state correctional institutions; extending retention of certain criminal gang
investigative data; establishing a local correctional officers discipline procedures
act; reestablishing the ombudsman for corrections; establishing the powers and
duties of the ombudsman; increasing the number of correctional officers;
authorizing a jail to share certain inmate mental illness information with a local
county social services agency; requiring state and local jail and prison inmates to
be housed in publicly owned and operated jails and prisons; prohibiting the state
and counties from contracting with private prisons; establishing pilot project to
decrease risk of recidivism among incarcerated women; establishing pilot program
to address mental health among correctional officers and inmates in state
correctional facilities; establishing a Peace Officer Excellence Task Force;
establishing a task force on the implementation of dosage probation; requiring
reports; appropriating money; amending Minnesota Statutes 2018, sections 13.851,
by adding a subdivision; 15A.0815, subdivision 3; 144.121, subdivision 1a, by
adding a subdivision; 151.37, subdivision 12; 241.01, subdivision 3a; 241.025,
subdivisions 1, 2; 241.75, subdivision 2; 242.192; 243.48, subdivision 1; 299C.091,
subdivision 5; 631.412; 641.15, subdivision 3a; proposing coding for new law in
Minnesota Statutes, chapters 241; 243; 641; repealing Minnesota Statutes 2018,
section 401.13.

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

Section 1.

Minnesota Statutes 2018, section 13.851, is amended by adding a subdivision
to read:

new text begin Subd. 12. new text end

new text begin Mental health screening. new text end

new text begin The treatment of data collected by a sheriff or local
corrections agency related to individuals who may have a mental illness is governed by
section 641.15, subdivision 3a.
new text end

Sec. 2.

Minnesota Statutes 2018, section 15A.0815, subdivision 3, is amended to read:

Subd. 3.

Group II salary limits.

The salary for a position listed in this subdivision shall
not exceed 120 percent of the salary of the governor. This limit must be adjusted annually
on January 1. The new limit must equal the limit for the prior year increased by the percentage
increase, if any, in the Consumer Price Index for all urban consumers from October of the
second prior year to October of the immediately prior year. The commissioner of management
and budget must publish the limit on the department's website. This subdivision applies to
the following positions:

Executive director of Gambling Control Board;

Commissioner of Iron Range resources and rehabilitation;

Commissioner, Bureau of Mediation Services;

Ombudsman for mental health and developmental disabilities;

new text begin Ombudsman for corrections;
new text end

Chair, Metropolitan Council;

School trust lands director;

Executive director of pari-mutuel racing; and

Commissioner, Public Utilities Commission.

Sec. 3.

Minnesota Statutes 2018, section 144.121, subdivision 1a, is amended to read:

Subd. 1a.

Fees for ionizing radiation-producing equipment.

(a) A facility with ionizing
radiation-producing equipment must pay an annual initial or annual renewal registration
fee consisting of a base facility fee of $100 and an additional fee for each radiation source,
as follows:

(1)	medical or veterinary equipment	$	100
(2)	dental x-ray equipment	$	40
(3)	x-ray equipment not used on humans or animals	$	100
(4)	devices with sources of ionizing radiation not used on humans or animals	$	100
new text begin (5) new text end	new text begin security screening system new text end	new text begin $ new text end	new text begin 100 new text end

(b) A facility with radiation therapy and accelerator equipment must pay an annual
registration fee of $500. A facility with an industrial accelerator must pay an annual
registration fee of $150.

(c) Electron microscopy equipment is exempt from the registration fee requirements of
this section.

new text begin (d) For purposes of this section, a security screening system means radiation-producing
equipment designed and used for security screening of humans who are in the custody of a
correctional or detention facility, and used by the facility to image and identify contraband
items concealed within or on all sides of a human body. For purposes of this section, a
correctional or detention facility is a facility licensed under section 241.021 and operated
by a state agency or political subdivision charged with detection, enforcement, or
incarceration in respect to state criminal and traffic laws.
new text end

Sec. 4.

Minnesota Statutes 2018, section 144.121, is amended by adding a subdivision to
read:

new text begin Subd. 9. new text end

new text begin Exemption from examination requirements; operators of security screening
systems. new text end

new text begin (a) An employee of a correctional or detention facility who operates a security
screening system and the facility in which the system is being operated are exempt from
the requirements of subdivisions 5 and 6.
new text end

new text begin (b) An employee of a correctional or detention facility who operates a security screening
system and the facility in which the system is being operated must meet the requirements
of a variance to Minnesota Rules, parts 4732.0305 and 4732.0565, issued under Minnesota
Rules, parts 4717.7000 to 4717.7050. This paragraph expires on December 31 of the year
that the permanent rules adopted by the commissioner governing security screening systems
are published in the State Register.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2018, section 151.37, subdivision 12, is amended to read:

Subd. 12.

Administration of opiate antagonists for drug overdose.

(a) A licensed
physician, a licensed advanced practice registered nurse authorized to prescribe drugs
pursuant to section 148.235, or a licensed physician assistant authorized to prescribe drugs
pursuant to section 147A.18 may authorize the following individuals to administer opiate
antagonists, as defined in section 604A.04, subdivision 1:

(1) an emergency medical responder registered pursuant to section 144E.27;

(2) a peace officer as defined in section 626.84, subdivision 1, paragraphs (c) and (d);
deleted text begin and
deleted text end

(3) new text begin employees of a correctional facility; and
new text end

new text begin (4) new text end staff of community-based health disease prevention or social service programs.

(b) For the purposes of this subdivision, opiate antagonists may be administered by one
of these individuals only if:

(1) the licensed physician, licensed physician assistant, or licensed advanced practice
registered nurse has issued a standing order to, or entered into a protocol with, the individual;
and

(2) the individual has training in the recognition of signs of opiate overdose and the use
of opiate antagonists as part of the emergency response to opiate overdose.

(c) Nothing in this section prohibits the possession and administration of naloxone
pursuant to section 604A.04.

Sec. 6.

Minnesota Statutes 2018, section 241.01, subdivision 3a, is amended to read:

Subd. 3a.

Commissioner, powers and duties.

The commissioner of corrections has the
following powers and duties:

(a) To accept persons committed to the commissioner by the courts of this state for care,
custody, and rehabilitation.

(b) To determine the place of confinement of committed persons in a correctional facility
or other facility of the Department of Corrections and to prescribe reasonable conditions
and rules for their employment, conduct, instruction, and discipline within or outside the
facility. new text begin After July 1, 2019, the commissioner shall not allow inmates to be housed in facilities
that are not owned and operated by the state, a local unit of government, or a group of local
units of government. new text end Inmates shall not exercise custodial functions or have authority over
other inmates.

(c) To administer the money and property of the department.

(d) To administer, maintain, and inspect all state correctional facilities.

(e) To transfer authorized positions and personnel between state correctional facilities
as necessary to properly staff facilities and programs.

(f) To utilize state correctional facilities in the manner deemed to be most efficient and
beneficial to accomplish the purposes of this section, but not to close the Minnesota
Correctional Facility-Stillwater or the Minnesota Correctional Facility-St. Cloud without
legislative approval. The commissioner may place juveniles and adults at the same state
minimum security correctional facilities, if there is total separation of and no regular contact
between juveniles and adults, except contact incidental to admission, classification, and
mental and physical health care.

(g) To organize the department and employ personnel the commissioner deems necessary
to discharge the functions of the department, including a chief executive officer for each
facility under the commissioner's control who shall serve in the unclassified civil service
and may, under the provisions of section 43A.33, be removed only for cause.

(h) To define the duties of these employees and to delegate to them any of the
commissioner's powers, duties and responsibilities, subject to the commissioner's control
and the conditions the commissioner prescribes.

(i) To annually develop a comprehensive set of goals and objectives designed to clearly
establish the priorities of the Department of Corrections. This report shall be submitted to
the governor commencing January 1, 1976. The commissioner may establish ad hoc advisory
committees.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 7.

Minnesota Statutes 2018, section 241.025, subdivision 1, is amended to read:

Subdivision 1.

Authorization.

The commissioner of corrections may appoint peace
officers, as defined in section 626.84, subdivision 1, paragraph (c), who shall serve in the
classified service subject to the provisions of section 43A.01, subdivision 2, and establish
a law enforcement agency, as defined in section 626.84, subdivision 1, paragraph (f), known
as the Department of Corrections Fugitive Apprehension Unit, to perform the duties necessary
to make statewide arrests under sections 629.30 and 629.34. The jurisdiction of the law
enforcement agency is limited to the new text begin activities related to the new text end arrest of Department of
Corrections' discretionary and statutory released violators and Department of Corrections'
escapees. new text begin The Department of Corrections Fugitive Apprehension Unit may exercise general
law enforcement duties upon request for assistance from a law enforcement agency and
subject to availability and resources of the Department of Corrections Fugitive Apprehension
Unit.
new text end

Sec. 8.

Minnesota Statutes 2018, section 241.025, subdivision 2, is amended to read:

Subd. 2.

Limitations.

The initial processing of a person arrested by the fugitive
apprehension unit for an offense deleted text begin within the agency's jurisdiction deleted text end is the responsibility of the
fugitive apprehension unit unless otherwise directed by the law enforcement agency with
primary jurisdiction. A subsequent investigation is the responsibility of the law enforcement
agency of the jurisdiction in which a new crime is committed.

Sec. 9.

Minnesota Statutes 2018, section 241.75, subdivision 2, is amended to read:

Subd. 2.

Health care decisions.

The medical director of the Department of Corrections
may make a health care decision for an inmate incarcerated in a state correctional facility
new text begin or placed in an outside facility on conditional medical release new text end if the inmate's attending
physician determines that the inmate lacks decision-making capacity and:

(1) there is not a documented health care agent designated by the inmate or the health
care agent is not reasonably available to make the health care decision;

(2) if there is a documented health care directive, the decision is consistent with that
directive;

(3) the decision is consistent with reasonable medical practice and other applicable law;
and

(4) the medical director has made a good faith attempt to consult with the inmate's next
of kin or emergency contact person in making the decision, to the extent those persons are
reasonably available.

Sec. 10.

new text begin [241.90] OFFICE OF OMBUDSMAN; CREATION; QUALIFICATIONS;
FUNCTION.
new text end

new text begin The Office of Ombudsman for the Department of Corrections is hereby created. The
ombudsman shall serve at the pleasure of the governor in the unclassified service, shall be
selected without regard to political affiliation, and shall be a person highly competent and
qualified to analyze questions of law, administration, and public policy. No person may
serve as ombudsman while holding any other public office. The ombudsman for corrections
shall be accountable to the governor and shall have the authority to investigate decisions,
acts, and other matters of the Department of Corrections so as to promote the highest
attainable standards of competence, efficiency, and justice in the administration of
corrections.
new text end

Sec. 11.

new text begin [241.91] DEFINITION.
new text end

new text begin For the purposes of sections 241.90 to 241.95, "administrative agency" or "agency"
means any division, official, or employee of the Department of Corrections, including the
commissioner of corrections, charged with the care and custody of inmates and any regional
or local correctional facility licensed or inspected by the commissioner of corrections,
whether public or private, established and operated for the detention and confinement of
adults or juveniles, including but not limited to programs or facilities operating under chapter
401, secure juvenile detention facilities, municipal holding facilities, juvenile temporary
holdover facilities, regional or local jails, lockups, work houses, work farms, and detention
facilities, but does not include:
new text end

new text begin (1) any court or judge;
new text end

new text begin (2) any member of the senate or house of representatives;
new text end

new text begin (3) the governor or the governor's personal staff;
new text end

new text begin (4) any instrumentality of the federal government;
new text end

new text begin (5) any interstate compact; or
new text end

new text begin (6) any person responsible for the supervision of offenders placed on supervised release,
parole, or probation.
new text end

Sec. 12.

new text begin [241.92] ORGANIZATION OF OFFICE OF OMBUDSMAN.
new text end

new text begin Subdivision 1. new text end

new text begin Employee selection. new text end

new text begin The ombudsman may select, appoint, and compensate
out of available funds assistants and employees as deemed necessary to discharge
responsibilities. The ombudsman and full-time staff shall be members of the Minnesota
State Retirement Association.
new text end

new text begin Subd. 2. new text end

new text begin Assistant ombudsman. new text end

new text begin The ombudsman may appoint an assistant ombudsman
in the unclassified service.
new text end

new text begin Subd. 3. new text end

new text begin Delegation of duties. new text end

new text begin The ombudsman may delegate to staff members any of
the ombudsman's authority or duties except the duty of formally making recommendations
to an administrative agency or reports to the Office of the Governor or to the legislature.
new text end

Sec. 13.

new text begin [241.93] POWERS OF OMBUDSMAN; INVESTIGATIONS; ACTION ON
COMPLAINTS; RECOMMENDATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Powers. new text end

new text begin The ombudsman may:
new text end

new text begin (1) prescribe the methods by which complaints are to be made, reviewed, and acted
upon; provided, however, that the ombudsman may not levy a complaint fee;
new text end

new text begin (2) determine the scope and manner of investigations to be made;
new text end

new text begin (3) except as otherwise provided, determine the form, frequency, and distribution of
conclusions, recommendations, and proposals; provided, however, that the governor or a
representative may, at any time the governor deems necessary, request and receive
information from the ombudsman. Neither the ombudsman nor any member of the
ombudsman's staff shall be compelled to testify or to produce evidence in any judicial or
administrative proceeding with respect to any matter involving the exercise of the
ombudsman's official duties except as may be necessary to enforce the provisions of sections
241.90 to 241.95;
new text end

new text begin (4) investigate, upon a complaint or upon personal initiative, any action of an
administrative agency;
new text end

new text begin (5) request and be given access to information in the possession of an administrative
agency deemed necessary for the discharge of responsibilities;
new text end

new text begin (6) examine the records and documents of an administrative agency;
new text end

new text begin (7) enter and inspect, at any time, premises within the control of an administrative agency;
new text end

new text begin (8) subpoena any person to appear, give testimony, or produce documentary or other
evidence that the ombudsman deems relevant to a matter under inquiry, and may petition
the appropriate state court to seek enforcement with the subpoena; provided, however, that
any witness at a hearing or before an investigation shall possess the same privileges reserved
to a witness in the courts or under the laws of this state;
new text end

new text begin (9) bring an action in an appropriate state court to provide the operation of the powers
provided in this subdivision. The ombudsman may use the services of legal assistance to
Minnesota prisoners for legal counsel. The provisions of sections 241.90 to 241.95 are in
addition to other provisions of law under which any remedy or right of appeal or objection
is provided for any person, or any procedure provided for inquiry or investigation concerning
any matter. Nothing in sections 241.90 to 241.95 shall be construed to limit or affect any
other remedy or right of appeal or objection nor shall it be deemed part of an exclusionary
process; and
new text end

new text begin (10) be present at commissioner of corrections parole, supervised release, and parole
revocation hearings and deliberations.
new text end

new text begin Subd. 2. new text end

new text begin Actions against ombudsman. new text end

new text begin No proceeding or civil action except removal
from office or a proceeding brought pursuant to chapter 13 shall be commenced against the
ombudsman for actions taken under the provisions of sections 241.90 to 241.95, unless the
act or omission is actuated by malice or is grossly negligent.
new text end

new text begin Subd. 3. new text end

new text begin Matters appropriate for investigation. new text end

new text begin (a) In selecting matters for attention,
the ombudsman should particularly address actions of an administrative agency that may
be:
new text end

new text begin (1) contrary to law or rule;
new text end

new text begin (2) unreasonable, unfair, oppressive, or inconsistent with any policy or judgment of an
administrative agency;
new text end

new text begin (3) mistaken in law or arbitrary in the ascertainment of facts;
new text end

new text begin (4) unclear or inadequately explained when reasons should have been revealed; or
new text end

new text begin (5) inefficiently performed.
new text end

new text begin (b) The ombudsman may also be concerned with strengthening procedures and practices
that lessen the risk that objectionable actions of the administrative agency will occur.
new text end

new text begin Subd. 4. new text end

new text begin Complaints. new text end

new text begin (a) The ombudsman may receive a complaint from any source
concerning an action of an administrative agency. The ombudsman may, on personal motion
or at the request of another, investigate any action of an administrative agency.
new text end

new text begin (b) The ombudsman may exercise powers without regard to the finality of any action of
an administrative agency; however, the ombudsman may require a complainant to pursue
other remedies or channels of complaint open to the complainant before accepting or
investigating the complaint.
new text end

new text begin (c) After completing investigation of a complaint, the ombudsman shall inform the
complainant, the administrative agency, and the official or employee of the action taken.
new text end

new text begin (d) A letter to the ombudsman from a person in an institution under the control of an
administrative agency shall be forwarded immediately and unopened to the ombudsman's
office. A reply from the ombudsman to the person shall be promptly delivered unopened
to the person after its receipt by the institution.
new text end

new text begin (e) No complainant shall be punished nor shall the general condition of the complainant's
confinement or treatment be unfavorably altered as a result of the complainant having made
a complaint to the ombudsman.
new text end

new text begin Subd. 5. new text end

new text begin Investigation of adult local jails and detention facilities. new text end

new text begin Either the
ombudsman or the jail inspection unit of the Department of Corrections may investigate
complaints involving local adult jails and detention facilities. The ombudsman and
Department of Corrections must enter into an arrangement with one another that ensures
they are not duplicating services.
new text end

new text begin Subd. 6. new text end

new text begin Recommendations. new text end

new text begin (a) If, after duly considering a complaint and whatever
material the ombudsman deems pertinent, the ombudsman is of the opinion that the complaint
is valid, the ombudsman may recommend that an administrative agency should:
new text end

new text begin (1) consider the matter further;
new text end

new text begin (2) modify or cancel its actions;
new text end

new text begin (3) alter a ruling;
new text end

new text begin (4) explain more fully the action in question; or
new text end

new text begin (5) take any other step that the ombudsman recommends to the administrative agency
involved.
new text end

new text begin If the ombudsman so requests, the agency shall, within the time the ombudsman specifies,
inform the ombudsman about the action taken on the ombudsman's recommendations or
the reasons for not complying with it.
new text end

new text begin (b) If the ombudsman has reason to believe that any public official or employee has
acted in a manner warranting criminal or disciplinary proceedings, the ombudsman may
refer the matter to the appropriate authorities.
new text end

new text begin (c) If the ombudsman believes that an action upon which a valid complaint is founded
has been dictated by a statute, and that the statute produces results or effects that are unfair
or otherwise objectionable, the ombudsman shall bring to the attention of the governor and
the legislature the ombudsman's view concerning desirable statutory change.
new text end

new text begin Subd. 7. new text end

new text begin Grants. new text end

new text begin The ombudsman may apply for and receive grants from public and
private entities for purposes of carrying out the ombudsman's powers and duties under
sections 241.90 to 241.95.
new text end

Sec. 14.

new text begin [241.94] ACCESS BY OMBUDSMAN TO DATA.
new text end

new text begin Notwithstanding section 13.384 or 13.85, the ombudsman has access to corrections and
detention data and medical data maintained by an agency and classified as private data on
individuals or confidential data on individuals when access to the data is necessary for the
ombudsman to perform the powers under section 241.93.
new text end

Sec. 15.

new text begin [241.95] PUBLICATION OF RECOMMENDATIONS; REPORTS.
new text end

new text begin Subdivision 1. new text end

new text begin Publication. new text end

new text begin The ombudsman may publish conclusions and suggestions
by transmitting them to the Office of the Governor. Before announcing a conclusion or
recommendation that expressly or impliedly criticizes an administrative agency or any
person, the ombudsman shall consult with that agency or person. When publishing an opinion
adverse to an administrative agency or any person, the ombudsman shall include in the
publication any statement of reasonable length made to the ombudsman by that agency or
person in defense or mitigation of the action.
new text end

new text begin Subd. 2. new text end

new text begin Annual report. new text end

new text begin In addition to whatever reports the ombudsman may make on
an ad hoc basis, the ombudsman shall report to the governor and the senate and house
committee chairs and ranking minority members for the committees with fiscal and policy
jurisdiction over public safety and corrections at the end of each year on the ombudsman's
functions during the preceding year.
new text end

Sec. 16.

Minnesota Statutes 2018, section 242.192, is amended to read:

242.192 CHARGES TO COUNTIES.

The commissioner shall charge counties or other appropriate jurisdictions 65 percent of
the per diem cost of confinement, excluding educational costs and nonbillable service, of
juveniles at the Minnesota Correctional Facility-Red Wing and of juvenile females committed
to the commissioner of corrections. This charge applies to juveniles committed to the
commissioner of corrections and juveniles admitted to the Minnesota Correctional
Facility-Red Wing under established admissions criteria. This charge applies to both counties
that participate in the Community Corrections Act and those that do not. The commissioner
shall determine the per diem cost of confinement based on projected population, pricing
incentives, new text begin and new text end market conditions deleted text begin , and the requirement that expense and revenue balance
out over a period of two years deleted text end . All money received under this section must be deposited in
the state treasury and credited to the general fund.

Sec. 17.

Minnesota Statutes 2018, section 243.48, subdivision 1, is amended to read:

Subdivision 1.

General searches.

The commissioner of corrections, the governor,
lieutenant governor, members of the legislature, deleted text begin and deleted text end state officers new text begin , and the ombudsman for
corrections new text end may visit the inmates at pleasure, but no other persons without permission of
the chief executive officer of the facility, under rules prescribed by the commissioner. A
moderate fee may be required of visitors, other than those allowed to visit at pleasure. All
fees so collected shall be reported and remitted to the commissioner of management and
budget under rules as the commissioner may deem proper, and when so remitted shall be
placed to the credit of the general fund.

Sec. 18.

new text begin [243.521] ADMINISTRATIVE AND DISCIPLINARY SEGREGATION.
new text end

new text begin Subdivision 1. new text end

new text begin Authorization. new text end

new text begin In any adult correctional facility under the control of the
commissioner of corrections, the commissioner may require an inmate to be placed on
disciplinary segregation status for rule violations or on administrative segregation status
when the continued presence of the inmate in general population would pose a serious threat
to life, property, self, staff, or other inmates or to the security or orderly running of the
institution. Inmates pending investigation for trial on a criminal act or pending transfer may
be included, provided the warden's written approval is sought and granted within seven
business days of placing the inmate in restrictive housing under this provision. The warden
of each facility must document any time approval is granted and the reason for it, and submit
a quarterly report to the commissioner of corrections.
new text end

new text begin Subd. 2. new text end

new text begin Conditions in segregated housing. new text end

new text begin The restrictive housing unit shall provide
living conditions that are approximate to those offenders in general population, including
reduced lighting during nighttime hours.
new text end

new text begin Subd. 3. new text end

new text begin Review of disciplinary segregation status. new text end

new text begin The commissioner of corrections
shall receive notification of all inmates with consecutive placement in a restrictive housing
setting for more than 30 days. This notification shall occur on a monthly basis. In the event
an inmate is placed into restrictive housing for more than 120 days, the reason for the
placement and the behavior management plan for the inmate shall be submitted to the
commissioner of corrections.
new text end

new text begin Subd. 4. new text end

new text begin Graduated interventions. new text end

new text begin The commissioner shall design and implement a
continuum of interventions, including informal sanctions, administrative segregation, formal
discipline, disciplinary segregation, and step-down management. The commissioner shall
implement a method of due process for all offenders with formal discipline proceedings.
new text end

new text begin Subd. 5. new text end

new text begin Mental health screening. new text end

new text begin (a) If it is apparent that the inmate is exhibiting
serious symptoms of a mental illness that prevents the inmate from understanding or fully
participating in the disciplinary process, a mental health professional shall be consulted
regarding appropriate treatment and placement. For other inmates placed in a restrictive
setting, an inmate shall be screened by a health services staff member within 24 hours of
placement in a restrictive housing setting. If the screening indicates symptoms of a mental
illness, a qualified mental health professional shall be consulted regarding appropriate
treatment and placement. The health services staff member shall document any time an
inmate screens in for symptoms of a mental health illness and whether or not the health
services staff member connected with a mental health professional.
new text end

new text begin (b) If mental health staff believe the inmate's behavior may be more appropriately treated
through alternative interventions or programming, or determine that the inmate's actions
were the result of mental illness, this information must be considered during the disciplinary
process.
new text end

new text begin Subd. 6. new text end

new text begin Mental health care within segregated housing. new text end

new text begin A health services staff member
shall perform a daily wellness round in the restrictive housing setting. If a health services
staff member indicates symptoms of a mental illness, a qualified mental health professional
shall be consulted regarding appropriate treatment and placement.
new text end

new text begin Subd. 7. new text end

new text begin Incentives for return to the general population. new text end

new text begin The commissioner shall
design and implement a system of incentives so that an inmate who demonstrates appropriate
behavior can earn additional privileges and an accelerated return to the general population.
new text end

new text begin Subd. 8. new text end

new text begin Discharge from segregated housing. new text end

new text begin An inmate shall not be released into the
community directly from a stay in restrictive housing for 60 or more days absent a compelling
reason. In cases where there is a compelling reason, the commissioner of corrections or
deputy commissioner shall directly authorize the inmates release into the community from
restrictive housing.
new text end

new text begin Subd. 9. new text end

new text begin Reporting. new text end

new text begin (a) By January 15, 2020, and by January 15 each year thereafter,
the commissioner of corrections shall report to the chairs and ranking minority members
of the house of representatives and senate committees with jurisdiction over public safety
and judiciary on the status of the implementation of the provisions in this section. This
report shall include but not be limited to data regarding:
new text end

new text begin (1) the number of inmates in each institution placed in restrictive housing during the
past year;
new text end

new text begin (2) the ages of inmates placed in restrictive housing during the past year;
new text end

new text begin (3) the number of inmates transferred from restrictive housing to the mental health unit;
new text end

new text begin (4) disciplinary sanctions by infraction;
new text end

new text begin (5) the lengths of terms served in restrictive housing, including terms served
consecutively; and
new text end

new text begin (6) the number of inmates by race in restrictive housing.
new text end

new text begin (b) The Department of Corrections shall submit a qualitative report detailing outcomes,
measures, and challenges to implementation of a step-down management program by April
1, 2020.
new text end

Sec. 19.

new text begin [243.95] PRIVATE PRISON CONTRACTS PROHIBITED.
new text end

new text begin The commissioner may not contract with privately owned and operated prisons for the
care, custody, and rehabilitation of offenders committed to the custody of the commissioner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 20.

Minnesota Statutes 2018, section 299C.091, subdivision 5, is amended to read:

Subd. 5.

Removal of data from system.

Notwithstanding section 138.17, the bureau
shall destroy data entered into the system when three years have elapsed since the data were
entered into the system, except as otherwise provided in this subdivision. If the bureau has
information that the individual has been convicted as an adult, or has been adjudicated or
has a stayed adjudication as a juvenile for an offense that would be a crime if committed
by an adult, since entry of the data into the system, the data must be maintained until three
years have elapsed since the last record of a conviction or adjudication or stayed adjudication
of the individual deleted text begin . deleted text end new text begin , except that if the individual is committed to the custody of the
commissioner of corrections and the commissioner documents activities meeting the criminal
gang identification criteria that take place while the individual is confined in a state
correctional facility, the three-year period begins after release from incarceration. new text end Upon
request of the law enforcement agency that submitted data to the system, the bureau shall
destroy the data regardless of whether three years have elapsed since the data were entered
into the system.

Sec. 21.

Minnesota Statutes 2018, section 631.412, is amended to read:

631.412 SAME SEX ESCORT FOR INMATES BEING TRANSFERRED.

new text begin (a) Except as provided in paragraph (b), new text end when a sheriff or other correctional officer has
custody of a person charged with or convicted of a crime and transfers that person more
than 100 miles, that sheriff or other correctional officer shall provide the transferee with a
custodial escort of the same sex as the transferee. A sheriff may employ, when the occasion
exists, a suitable person to carry out this section. The expenses of the person's employment
must be paid out of county funds not otherwise appropriated.

new text begin (b) A sheriff or other correctional officer is not required to provide a same sex escort if:
(1) the vehicle used to transport the transferee has video and audio recording equipment
installed; (2) the vehicle's video and audio recording equipment is operational and positioned
to record the portion of the vehicle where the transferee is held during the transfer; and (3)
the video and audio equipment records the duration of the transfer. A recording of an inmate
transfer made under this paragraph must be maintained by the sheriff or agency employing
the correctional officer for at least 12 months after the date of the transfer.
new text end

Sec. 22.

new text begin [641.015] PLACEMENT IN PRIVATE PRISONS PROHIBITED.
new text end

new text begin Subdivision 1. new text end

new text begin Placement prohibited. new text end

new text begin After August 1, 2019, a sheriff shall not allow
inmates committed to the custody of the sheriff to be housed in facilities that are not owned
and operated by a local government, or a group of local units of government.
new text end

new text begin Subd. 2. new text end

new text begin Contracts prohibited. new text end

new text begin The county board may not authorize the sheriff to
contract with privately owned and operated prisons for the care, custody, and rehabilitation
of offenders committed to the custody of the sheriff.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 23.

new text begin [641.061] LOCAL CORRECTIONAL OFFICERS DISCIPLINE
PROCEDURES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the terms defined in this
subdivision have the meanings given them.
new text end

new text begin (b) "Correctional officer" or "officer" means a person employed in a security capacity
by a local correctional or detention facility.
new text end

new text begin (c) "Exclusive representative" means an employee organization which has been certified
by the commissioner of the Bureau of Mediation Services to meet and negotiate with an
employer on behalf of all employees in the appropriate unit.
new text end

new text begin (d) "Formal statement" means the questioning of an officer in the course of obtaining a
recorded, stenographic, or signed statement to be used as evidence in a disciplinary
proceeding against the officer.
new text end

new text begin Subd. 2. new text end

new text begin Applicability. new text end

new text begin This section applies to local correctional authorities.
new text end

new text begin Subd. 3. new text end

new text begin Formal statement; procedures. new text end

new text begin A formal statement of a correctional officer
must be taken according to subdivisions 4 to 15.
new text end

new text begin Subd. 4. new text end

new text begin Place of formal statement. new text end

new text begin A formal statement must be taken at a facility of
the employing or investigating agency or at a place agreed to by the investigating individual
and the investigated correctional officer and exclusive representative.
new text end

new text begin Subd. 5. new text end

new text begin Complaint. new text end

new text begin A correctional officer's formal statement may not be taken unless
a written complaint signed by the complainant stating the complainant's knowledge is filed
with the employing or investigating agency and the correctional officer and exclusive
representative have been given a summary of the allegations.
new text end

new text begin Subd. 6. new text end

new text begin Witnesses; investigative reports. new text end

new text begin Upon request, the investigating agency or
the correctional officer shall provide the other party with a list of witnesses the agency or
correctional officer expects to testify at an administrative hearing or arbitration authorized
to recommend, approve, or order discipline and the substance of the testimony. A party is
entitled to copies of any witness statements in the possession of the other party and an officer
is entitled to a copy of the investigating agency's investigative report, provided that any
references in a witness statement or investigative report that would reveal the identity of
confidential informants need not be disclosed except for good cause shown upon order of
the person presiding over the administrative hearing or arbitration.
new text end

new text begin Subd. 7. new text end

new text begin Sessions. new text end

new text begin Sessions at which a formal statement is taken must be of reasonable
duration and must give the correctional officer reasonable periods for rest and personal
necessities. When practicable, sessions must be held during the correctional officer's regularly
scheduled work shift. If the session is not held during the correctional officer's regularly
scheduled work shift, the correctional officer must be paid by the employing agency at the
officer's current compensation rate for time spent attending the session. Notification of a
formal statement must also be provided to the correctional officer's exclusive representative
and the exclusive representative shall be allowed to be present during the session.
new text end

new text begin Subd. 8. new text end

new text begin Record. new text end

new text begin A complete record of sessions at which a formal statement is taken
must be made by electronic recording or otherwise. A complete copy or transcript must be
provided to the correctional officer and the officer's exclusive representative without charge
or undue delay. The session may be recorded by the investigating officer and by the
correctional officer under investigation.
new text end

new text begin Subd. 9. new text end

new text begin Presence of attorney and union representative. new text end

new text begin The correctional officer
whose formal statement is taken has the right to have a union representative or an attorney
retained by the officer, or both, present during the session. The correctional officer may
request the presence of a union representative, attorney, or both, at any time before or during
the session. When a request under this subdivision is made, no formal statement may be
taken until a reasonable opportunity is provided for the correctional officer to obtain the
presence of a union representative or attorney.
new text end

new text begin Subd. 10. new text end

new text begin Admissions. new text end

new text begin Before an officer's formal statement is taken, the officer shall
be advised in writing or on the record that admissions made in the course of the formal
statement may be used as evidence of misconduct or as a basis for discipline.
new text end

new text begin Subd. 11. new text end

new text begin Disclosure of financial records. new text end

new text begin No employer may require an officer to
produce or disclose the officer's personal financial records except pursuant to a valid search
warrant or subpoena.
new text end

new text begin Subd. 12. new text end

new text begin Release of photographs. new text end

new text begin No local correctional facility or governmental unit
may publicly release photographs of an officer without the written permission of the officer,
except that the facility or unit may display a photograph of an officer to a prospective witness
as part of an agency or unit investigation.
new text end

new text begin Subd. 13. new text end

new text begin Disciplinary letter. new text end

new text begin No disciplinary letter or reprimand may be included in
an officer's personnel record unless the officer has been given a copy of the letter or
reprimand.
new text end

new text begin Subd. 14. new text end

new text begin Retaliatory action prohibited. new text end

new text begin No officer may be discharged, disciplined,
or threatened with discharge or discipline as retaliation for or solely by reason of the officer's
exercise of the rights provided by this section.
new text end

new text begin Subd. 15. new text end

new text begin Rights not reduced. new text end

new text begin The rights of officers provided by this section are in
addition to and do not diminish the rights and privileges of officers that are provided under
an applicable collective bargaining agreement or any other applicable law.
new text end

Sec. 24.

Minnesota Statutes 2018, section 641.15, subdivision 3a, is amended to read:

Subd. 3a.

Intake procedure; approved mental health screening.

new text begin (a) new text end As part of its
intake procedure for new deleted text begin prisoners deleted text end new text begin inmates new text end , the sheriff or local corrections shall use a mental
health screening tool approved by the commissioner of corrections in consultation with the
commissioner of human services and local corrections staff to identify persons who may
have mental illness.

new text begin (b) Names of persons who have screened positive or may have a mental illness may be
shared with the local county social services agency. The jail may refer an offender to county
personnel of the welfare system, as defined in section 13.46, subdivision 1, paragraph (c),
in order to arrange for services upon discharge and may share private data on the offender
as necessary to:
new text end

new text begin (1) provide assistance in filling out an application for medical assistance or
MinnesotaCare;
new text end

new text begin (2) make a referral for case management as provided under section 245.467, subdivision
4;
new text end

new text begin (3) provide assistance in obtaining a state photo identification;
new text end

new text begin (4) secure a timely appointment with a psychiatrist or other appropriate community
mental health provider;
new text end

new text begin (5) provide prescriptions for a 30-day supply of all necessary medications; or
new text end

new text begin (6) coordinate behavioral health services.
new text end

new text begin (c) Notwithstanding section 138.17, if an offender is referred to a government entity
within the welfare system pursuant to paragraph (b), and the offender refuses all services
from the entity, the entity must, within 15 days of the refusal, destroy all private data on
the offender that it created or received because of the referral.
new text end

Sec. 25. new text begin COORDINATED CRISIS RESPONSE PLAN.
new text end

new text begin (a) By January 15, 2021, the commissioner of corrections shall develop and implement
a coordinated crisis response plan to support facility, central office, and field services staff.
new text end

new text begin (b) In developing the response plan, the commissioner may consult with the Department
of Corrections Office of Special Investigations, the Department of Corrections Victim
Assistance Program, human resources offices, facility and field services administration,
peer support programs, county attorneys, victim witness coordinators, community based
victim advocates, the Crime Victim Reparations Board, employee assistance programs,
offices or organizations assisting with workers' compensation claims and benefits, mental
health services, central office administration, and supervisors.
new text end

new text begin (c) To increase support to staff in crisis, the coordinated crisis response plan shall, at a
minimum, include the following:
new text end

new text begin (1) a protocol establishing collaboration between the offices, services, and organizations
identified in paragraph (b);
new text end

new text begin (2) a process to develop and implement individualized support plans based on the
identified needs of staff members in crisis;
new text end

new text begin (3) identification or development of training on trauma-informed victim and crisis
response; and
new text end

new text begin (4) a plan to implement training on trauma-informed victim and crisis response including
initial training, refresher courses, and training for new employees.
new text end

Sec. 26. new text begin CORRECTIONAL OFFICER WAGE SCALE CONDENSED.
new text end

new text begin The commissioner of management and budget must bargain to condense the step wage
increase scale for correctional officers so that correctional officers reach the top of the wage
scale after six years of qualified service.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019, and applies to contracts
entered on or after that date.
new text end

Sec. 27. new text begin PILOT PROJECT.
new text end

new text begin Subdivision 1. new text end

new text begin Grant. new text end

new text begin The commissioner of corrections shall solicit bids for a grant to
establish a pilot project to decrease the risk of recidivism of women incarcerated at the
Minnesota Correctional Facility - Shakopee and to provide a stable nurturing relationship
for the women's children by providing transportation for mother and child visits organized
around reading activities to improve inmate and child literacy and parent and child bonding.
The pilot project is from July 1, 2019, through June 30, 2021.
new text end

new text begin Subd. 2. new text end

new text begin Goals. new text end

new text begin The goals of the pilot project are to:
new text end

new text begin (1) decrease the number of children requiring community, county, and state services;
new text end

new text begin (2) help close the achievement gap of children in schools;
new text end

new text begin (3) promote positive behavioral changes of children in the classroom, community, and
home;
new text end

new text begin (4) decrease recidivism of incarcerated women;
new text end

new text begin (5) increase the number of women contributing to the community; and
new text end

new text begin (6) break the generational cycle of incarceration in families.
new text end

new text begin Subd. 3. new text end

new text begin Evaluation; report. new text end

new text begin By January 15 of each year of the pilot project, the grant
recipient must report to the commissioner of corrections and the chairs and ranking minority
members of the house of representatives and senate committees with jurisdiction over
corrections on the development, implementation, impact, and outcomes of the pilot project.
new text end

Sec. 28. new text begin PEACE OFFICER EXCELLENCE TASK FORCE.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; purpose. new text end

new text begin There is established a Peace Officer Excellence
Task Force. The purpose of the task force is to study the laws, rules, contracts, and policies
that govern the employer-employee relationship between political subdivisions and peace
officers.
new text end

new text begin Subd. 2. new text end

new text begin Members. new text end

new text begin (a) The task force must consist of:
new text end

new text begin (1) two members of the house of representatives, one appointed by the speaker of the
house and one appointed by the minority leader;
new text end

new text begin (2) two members of the senate, one appointed by the majority leader and one appointed
by the minority leader;
new text end

new text begin (3) the attorney general, or a designee;
new text end

new text begin (4) the executive director of the Minnesota Peace Officer Standards and Training Board,
or a designee;
new text end

new text begin (5) the commissioner of public safety, or a designee;
new text end

new text begin (6) the commissioner of the Minnesota Bureau of Mediation Services;
new text end

new text begin (7) one representative from the Minnesota Chiefs of Police Association;
new text end

new text begin (8) one representative from the Minnesota Sheriffs Association;
new text end

new text begin (9) two representatives from the Minnesota Peace and Police Officers Association;
new text end

new text begin (10) one representative from the League of Minnesota Cities;
new text end

new text begin (11) one representative from the Association of Minnesota Counties;
new text end

new text begin (12) two representatives from organized labor, including at least one representative of
an organization comprised of peace officers; and
new text end

new text begin (13) two members of the public appointed by the governor.
new text end

new text begin (b) Appointments must be made no later than July 1, 2019. Members of the task force
shall not be compensated or receive reimbursement for expenses, except for compensation
or expense reimbursements received in the member's ordinary scope of employment.
new text end

new text begin Subd. 3. new text end

new text begin Organization. new text end

new text begin (a) The commissioner of public safety or the commissioner's
designee shall convene the first meeting of the task force no later than August 1, 2019.
new text end

new text begin (b) The members of the task force may elect a chair and other officers as the members
deem necessary.
new text end

new text begin (c) The task force shall meet at least monthly, with one meeting devoted to collecting
input from the public and local units of government that employ peace officers.
new text end

new text begin Subd. 4. new text end

new text begin Staff. new text end

new text begin The commissioner of public safety shall provide support staff, office
space, and administrative services for the task force.
new text end

new text begin Subd. 5. new text end

new text begin Duties of task force. new text end

new text begin The task force must review, assess, and make
recommendations for reforms to the laws, rules, contracts, and policies that govern the
employer-employee relationship between political subdivisions and peace officers. In
formulating recommendations, the task force must seek to balance the employment rights
of peace officers and the need for chief law enforcement officers and political subdivisions
to maintain the integrity and excellence of peace officers they employ.
new text end

new text begin Subd. 6. new text end

new text begin Report and recommendations. new text end

new text begin By January 15, 2020, the task force shall
prepare and submit to the chairs and ranking minority members of the committees of the
house of representatives and senate with jurisdiction over public safety and labor and
employment a report that summarizes the activities of the task force, issues identified by
the task force, reform recommendations to address the issues, and recommendations for
legislative action, if needed.
new text end

new text begin Subd. 7. new text end

new text begin Expiration. new text end

new text begin The task force expires upon submission of the report required by
subdivision 6.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 29. new text begin TASK FORCE ON THE IMPLEMENTATION OF DOSAGE PROBATION.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin A task force on the implementation of dosage probation
is established to analyze dosage probation and earned time credit programs, develop a
comprehensive plan for implementation of dosage probation in Minnesota, and recommend
possible legislative action.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin (a) The task force consists of 14 members as follows:
new text end

new text begin (1) the chief justice of the supreme court or a designee;
new text end

new text begin (2) one district court judge appointed by the chief justice of the supreme court;
new text end

new text begin (3) the state public defender or a designee;
new text end

new text begin (4) one county attorney appointed by the board of directors of the Minnesota County
Attorneys Association;
new text end

new text begin (5) one city attorney;
new text end

new text begin (6) the commissioner of corrections or a designee;
new text end

new text begin (7) one probation officer from a Community Corrections Act county in the metropolitan
area;
new text end

new text begin (8) one probation officer from a Community Corrections Act county in greater Minnesota;
new text end

new text begin (9) one peace officer, as defined in Minnesota Statutes, section 626.84, from the
metropolitan area;
new text end

new text begin (10) one peace officer, as defined in Minnesota Statutes, section 626.84, from greater
Minnesota;
new text end

new text begin (11) two individuals who have been convicted of a felony offense and served a sentence
of probation;
new text end

new text begin (12) a representative from a nonprofit agency providing treatment services to individuals
on probation in the metropolitan area; and
new text end

new text begin (13) a representative from a nonprofit agency providing treatment services to individuals
on probation in greater Minnesota.
new text end

new text begin (b) For purposes of this subdivision, "metropolitan area" has the meaning given in
Minnesota Statutes, section 473.121, subdivision 2, and "greater Minnesota" has the meaning
given in Minnesota Statutes, section 116J.8738, subdivision 1, paragraph (e).
new text end

new text begin (c) Members of the task force serve without compensation.
new text end

new text begin (d) Members of the task force serve at the pleasure of the appointing authority or until
the task force expires. Vacancies shall be filled by the appointing authority consistent with
the qualifications of the vacating member required by this subdivision.
new text end

new text begin Subd. 3. new text end

new text begin Officers; meetings. new text end

new text begin (a) The task force shall elect a chair and vice-chair and
may elect other officers as necessary.
new text end

new text begin (b) The commissioner of corrections shall convene the first meeting of the task force no
later than August 1, 2019, and shall provide meeting space and administrative assistance
as necessary for the task force to conduct its work.
new text end

new text begin (c) The task force shall meet at least quarterly or upon the call of its chair. The task force
shall meet sufficiently enough to accomplish the tasks identified in this section. Meetings
of the task force are subject to Minnesota Statutes, chapter 13D.
new text end

new text begin (d) The task force shall request the cooperation and assistance of tribal governments,
nongovernmental organizations, community and advocacy organizations working with
adults on probation, and academic researchers and experts.
new text end

new text begin Subd. 4. new text end

new text begin Duties. new text end

new text begin (a) The duties of the task force shall, at a minimum, include:
new text end

new text begin (1) reviewing and examining the dosage probation model of the National Institute of
Corrections;
new text end

new text begin (2) reviewing and assessing current supervision models in use in Minnesota, including
specialty courts and any pilot projects;
new text end

new text begin (3) reviewing and assessing probation models in use in other states;
new text end

new text begin (4) recommending training for judges, county attorneys, city attorneys, public defenders,
and probation agents;
new text end

new text begin (5) identifying gaps in existing services, supports, and housing for individuals on
probation;
new text end

new text begin (6) developing a comprehensive plan to implement a dosage probation model in
Minnesota; and
new text end

new text begin (7) reviewing existing Minnesota law and proposing amendments or new statutory
provisions.
new text end

new text begin (b) At its discretion, the task force may examine other related issues consistent with this
section.
new text end

new text begin Subd. 5. new text end

new text begin Report. new text end

new text begin On or before January 15, 2020, the task force shall report to the chairs
and ranking members of the legislative committees or divisions with jurisdiction over public
safety on the work of the task force including but not limited to the issues to be examined
in subdivision 1. The report shall include an assessment of the effect adopting dosage
probation would be expected to have on public safety, probation supervision, and the
Department of Corrections; the comprehensive plan developed under subdivision 4; and
any recommended legislative action.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019.
new text end

Sec. 30. new text begin DOSAGE PROBATION TASK FORCE; APPROPRIATION.
new text end

new text begin $200,000 in fiscal year 2020 is appropriated from the general fund to the commissioner
of corrections to implement the task force on the implementation of dosage probation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019.
new text end

Sec. 31. new text begin APPROPRIATION; PILOT PROJECT.
new text end

new text begin $150,000 in fiscal year 2020 and $150,000 in fiscal year 2021 are appropriated from the
general fund to the commissioner of corrections to fund the pilot project under section 27.
This appropriation is available until expended.
new text end

Sec. 32. new text begin APPROPRIATION; CORRECTIONAL OFFICERS.
new text end

new text begin (a) $....... in fiscal year 2020 and $....... in fiscal year 2021 are appropriated from the
general fund to the commissioner of corrections to increase the number of full-time equivalent
correctional officer positions in correctional facilities across the state by an additional 150
officer positions in fiscal year 2020 and an additional 60 officer positions in fiscal year
2021. The commissioner of corrections shall increase the number of full-time equivalent
correctional officer positions in correctional facilities across the state by an additional 60
officer positions in fiscal year 2022 and an additional 58 officer positions in fiscal year
2023. These appropriations are added to the base budget of the Department of Corrections.
new text end

new text begin (b) $....... in fiscal year 2020 and $....... in fiscal year 2021 are appropriated from the
general fund to the commissioner of corrections to increase the minimum starting salary
for correctional officer positions to $19.95 per hour.
new text end

Sec. 33. new text begin APPROPRIATION; CORRECTIONS.
new text end

new text begin (a) $....... in fiscal year 2020 and $....... in fiscal year 2021 are appropriated from the
general fund to the commissioner of corrections to develop and implement the coordinated
crisis response plan in section 25.
new text end

new text begin (b) $....... in fiscal year 2020 and $....... in fiscal year 2021 are appropriated from the
general fund to the commissioner of corrections to establish and fund the ombudsman for
corrections.
new text end

Sec. 34. new text begin APPROPRIATION; COMMISSIONER OF HEALTH.
new text end

new text begin $29,000 in fiscal year 2020 and $21,000 in fiscal year 2021 are appropriated from the
state government special revenue fund to the commissioner of health for rulemaking under
Minnesota Statutes, section 144.121.
new text end

Sec. 35. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2018, section 401.13, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 19-4693

401.13 COSTS OF CONFINEMENT; PAYMENT.

Each participating county will be charged a sum equal to the actual per diem cost of confinement, excluding educational costs, of those juveniles committed to the commissioner and confined in a state correctional facility. The commissioner shall annually determine costs making necessary adjustments to reflect the actual costs of confinement. The commissioner of corrections shall bill the counties and deposit the receipts from the counties in the general fund. All charges shall be a charge upon the county of commitment.