HF 268

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to corrections; modifying multiple occupancy 
  1.3             requirements applicable to state prisons; amending the 
  1.4             appropriation to build a close-custody correctional 
  1.5             facility of at least 800 beds; providing that the new 
  1.6             facility shall be at level four; deleting certain 
  1.7             construction bid requirements; amending Minnesota 
  1.8             Statutes 1996, section 243.53, subdivision 1; Laws 
  1.9             1996, chapter 463, section 16, subdivision 3; 
  1.10            repealing Minnesota Statutes 1996, section 243.53, 
  1.11            subdivision 2. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 1996, section 243.53, 
  1.14  subdivision 1, is amended to read: 
  1.15     Subdivision 1.  [SEPARATE CELLS.] (a) When there are 
  1.16  sufficient cells sufficient available, each convict inmate 
  1.17  shall be confined in a separate cell.  Each inmate shall be 
  1.18  confined in a separate cell in close, maximum, and high security 
  1.19  facilities, including St. Cloud, Stillwater, and Oak Park 
  1.20  Heights, but not including geriatric or honor dormitory-type 
  1.21  facilities.  institutions classified by the commissioner as 
  1.22  custody level five and six institutions.  This requirement does 
  1.23  not apply to the following: 
  1.24     (1) geriatric dormitory-type facilities; 
  1.25     (2) honor dormitory-type facilities; and 
  1.26     (3) any other multiple occupancy facility at a custody 
  1.27  level five or six institution that confines inmates who could be 
  1.28  confined in an institution at custody level four or lower. 
  2.1      (b)  Correctional institutions classified by the 
  2.2   commissioner as custody level one, two, three, or four 
  2.3   institutions must permit multiple occupancy to the greatest 
  2.4   extent possible.  The commissioner shall annually publish a list 
  2.5   of the custody levels of all correctional institutions. 
  2.6      Sec. 2.  Laws 1996, chapter 463, section 16, subdivision 3, 
  2.7   is amended to read: 
  2.8   Subd. 3.  New Facility                               89,000,000
  2.9   To complete design and to construct, 
  2.10  furnish, and equip a new close-custody 
  2.11  correctional facility at level four to 
  2.12  provide at least 800 beds. 
  2.13  The commissioner of administration 
  2.14  shall develop a design alternative to 
  2.15  bid and construct one of the six 
  2.16  residential pods at the new facility to 
  2.17  accommodate two inmates per cell.  This 
  2.18  would result in a total of 680 single 
  2.19  occupancy close-custody cells, and 136 
  2.20  medium-custody double occupancy cells. 
  2.21  The commissioner of administration may 
  2.22  use construction delivery methods as 
  2.23  may be appropriate to minimize the cost 
  2.24  of the facility and maximize the 
  2.25  construction time savings.  
  2.26  Before final contract documents for 
  2.27  this project are advertised for 
  2.28  construction bids, the commissioners of 
  2.29  administration and corrections shall 
  2.30  certify to the chairs of the senate 
  2.31  finance committee, the senate crime 
  2.32  prevention finance division, the house 
  2.33  ways and means committee, the house 
  2.34  judiciary finance committee, and the 
  2.35  house capital investment committee that 
  2.36  the program scope of the project has 
  2.37  not increased since the project budget 
  2.38  was reviewed in accordance with 
  2.39  Minnesota Statutes, section 16B.335.  
  2.40  Upon receipt and evaluation of 
  2.41  construction bids and before awarding 
  2.42  contracts for the construction phase of 
  2.43  the project, the commissioner of 
  2.44  administration shall provide the bids 
  2.45  and evaluation to the chairs of the 
  2.46  senate finance committee and the house 
  2.47  ways and means committee and the chairs 
  2.48  of the policy committees and finance 
  2.49  divisions having jurisdiction over 
  2.50  criminal justice policy.  Within 14 
  2.51  days after receiving them, the chairs 
  2.52  shall advise the commissioner on which 
  2.53  design should be constructed.  
  2.54  If the chairs advise the 952-bed 
  2.55  option, but the legislature does not 
  2.56  appropriate by April 15, 1997, any 
  2.57  additional money that may be needed to 
  2.58  complete the project with that option, 
  3.1   the commissioner shall award the bids 
  3.2   for the 800-bed single-cell 
  3.3   close-custody facility in order to 
  3.4   avoid delays that would further 
  3.5   escalate the cost of the project. 
  3.6   Upon receipt and evaluation of 
  3.7   construction bids and before awarding 
  3.8   contracts for the construction phase of 
  3.9   the project, the commissioners of 
  3.10  administration and finance shall inform 
  3.11  the same committee chairs of the 
  3.12  project budget necessary to complete 
  3.13  that portion of the project.  Any 
  3.14  portion of this appropriation that 
  3.15  exceeds the project budget shall be 
  3.16  unallotted by the commissioner of 
  3.17  finance. 
  3.18  By February 1 of each year, the 
  3.19  commissioner shall report to the chairs 
  3.20  of the house judiciary committee and 
  3.21  senate crime prevention committee on 
  3.22  efforts to recruit a workforce for the 
  3.23  correctional facility that is 
  3.24  proportional to the protected groups in 
  3.25  the inmate population, the results of 
  3.26  the efforts, and recommendations for 
  3.27  achieving the goal of proportional 
  3.28  representation of protected class 
  3.29  employees in relation to the inmate 
  3.30  population. 
  3.31     Sec. 3.  [REPEALER.] 
  3.32     Minnesota Statutes 1996, section 243.53, subdivision 2, is 
  3.33  repealed. 
  3.34     Sec. 4.  [EFFECTIVE DATE.] 
  3.35     Sections 1 to 3 are effective the day following final 
  3.36  enactment.