HF 268

3rd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to corrections; amending the appropriation to 
  1.3             build a close-custody correctional facility of at 
  1.4             least 800 beds; providing that the new facility shall 
  1.5             be at custody level four; deleting certain 
  1.6             construction bid requirements; authorizing 
  1.7             construction of an access road; forbidding inmates 
  1.8             from being housed at the facility until its opening is 
  1.9             specifically authorized by law; requiring trunk 
  1.10            highway improvements; designating county state-aid 
  1.11            highway; prohibiting certain designations; changing 
  1.12            occupancy requirements applicable to state prisons; 
  1.13            amending Minnesota Statutes 1996, sections 162.02, by 
  1.14            adding a subdivision; and 243.53, subdivision 1; Laws 
  1.15            1996, chapter 463, section 16, subdivision 3; 
  1.16            repealing Minnesota Statutes 1996, section 243.53, 
  1.17            subdivision 2. 
  1.18  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.19     Section 1.  Minnesota Statutes 1996, section 162.02, is 
  1.20  amended by adding a subdivision to read: 
  1.21     Subd. 7a.  [PROHIBITION AGAINST CERTAIN DESIGNATIONS.] 
  1.22  Notwithstanding section 3, a county must follow the procedures 
  1.23  established in chapter 162 for the establishment and designation 
  1.24  of a county state-aid highway. 
  1.25     Sec. 2.  Minnesota Statutes 1996, section 243.53, 
  1.26  subdivision 1, is amended to read: 
  1.27     Subdivision 1.  [SEPARATE CELLS.] (a) When there are 
  1.28  sufficient cells sufficient available, each convict inmate 
  1.29  shall be confined in a separate cell.  Each inmate shall be 
  1.30  confined in a separate cell in close, maximum, and high security 
  1.31  facilities, including St. Cloud, Stillwater, and Oak Park 
  2.1   Heights, but not including geriatric or honor dormitory-type 
  2.2   facilities. institutions classified by the commissioner as 
  2.3   custody level five and six institutions.  This requirement does 
  2.4   not apply to the following: 
  2.5      (1) geriatric dormitory-type facilities; 
  2.6      (2) honor dormitory-type facilities; and 
  2.7      (3) any other multiple occupancy facility at a custody 
  2.8   level five or six institution that confines inmates who could be 
  2.9   confined in an institution at custody level four or lower. 
  2.10     (b) Correctional institutions classified by the 
  2.11  commissioner as custody level one, two, three, or four 
  2.12  institutions must permit multiple occupancy, except segregation 
  2.13  units, to the greatest extent possible.  The commissioner shall 
  2.14  annually publish a list of the custody levels of all 
  2.15  correctional institutions. 
  2.16     Sec. 3.  Laws 1996, chapter 463, section 16, subdivision 3, 
  2.17  is amended to read: 
  2.18  Subd. 3.  New Facility                               89,000,000
  2.19  To complete design and to construct, 
  2.20  furnish, and equip a new close-custody 
  2.21  correctional facility at custody level 
  2.22  four to provide at least 800 beds. 
  2.23  The commissioner of administration 
  2.24  shall develop a design alternative to 
  2.25  bid and construct one of the six 
  2.26  residential pods at the new facility to 
  2.27  accommodate two inmates per cell.  This 
  2.28  would result in a total of 680 single 
  2.29  occupancy close-custody cells, and 136 
  2.30  medium-custody double occupancy cells. 
  2.31  The commissioner of administration may 
  2.32  use construction delivery methods as 
  2.33  may be appropriate to minimize the cost 
  2.34  of the facility and maximize the 
  2.35  construction time savings.  
  2.36  Before final contract documents for 
  2.37  this project are advertised for 
  2.38  construction bids, the commissioners of 
  2.39  administration and corrections shall 
  2.40  certify to the chairs of the senate 
  2.41  finance committee, the senate crime 
  2.42  prevention finance division, the house 
  2.43  ways and means committee, the house 
  2.44  judiciary finance committee, and the 
  2.45  house capital investment committee that 
  2.46  the program scope of the project has 
  2.47  not increased since the project budget 
  2.48  was reviewed in accordance with 
  2.49  Minnesota Statutes, section 16B.335.  
  3.1   Upon receipt and evaluation of 
  3.2   construction bids and before awarding 
  3.3   contracts for the construction phase of 
  3.4   the project, the commissioner of 
  3.5   administration shall provide the bids 
  3.6   and evaluation to the chairs of the 
  3.7   senate finance committee and the house 
  3.8   ways and means committee and the chairs 
  3.9   of the policy committees and finance 
  3.10  divisions having jurisdiction over 
  3.11  criminal justice policy.  Within 14 
  3.12  days after receiving them, the chairs 
  3.13  shall advise the commissioner on which 
  3.14  design should be constructed.  
  3.15  If the chairs advise the 952-bed 
  3.16  option, but the legislature does not 
  3.17  appropriate by April 15, 1997, any 
  3.18  additional money that may be needed to 
  3.19  complete the project with that option, 
  3.20  the commissioner shall award the bids 
  3.21  for the 800-bed single-cell 
  3.22  close-custody facility in order to 
  3.23  avoid delays that would further 
  3.24  escalate the cost of the project. 
  3.25  Upon receipt and evaluation of 
  3.26  construction bids and before awarding 
  3.27  contracts for the construction phase of 
  3.28  the project, the commissioners of 
  3.29  administration and finance shall inform 
  3.30  the same committee chairs of the house 
  3.31  ways and means committee and the senate 
  3.32  human resources finance committee and 
  3.33  the chairs of the house and senate 
  3.34  policy and finance committees and 
  3.35  divisions having jurisdiction over 
  3.36  criminal justice issues of the project 
  3.37  budget necessary to complete that 
  3.38  portion of the project.  Any portion of 
  3.39  this appropriation that exceeds the 
  3.40  project budget shall be unallotted by 
  3.41  the commissioner of finance. 
  3.42  By February 1 of each year, the 
  3.43  commissioner shall report to the chairs 
  3.44  of the house judiciary committee and 
  3.45  senate crime prevention committee on 
  3.46  efforts to recruit a workforce for the 
  3.47  correctional facility that is 
  3.48  proportional to the protected groups in 
  3.49  the inmate population, the results of 
  3.50  the efforts, and recommendations for 
  3.51  achieving the goal of proportional 
  3.52  representation of protected class 
  3.53  employees in relation to the inmate 
  3.54  population. 
  3.55  The commissioner of corrections shall 
  3.56  construct an access road from state 
  3.57  trunk highway 361 to the parking lot of 
  3.58  the correctional facility.  The 
  3.59  commissioner of transportation shall 
  3.60  construct any necessary improvements at 
  3.61  the intersection of trunk highway 361 
  3.62  and the access road in order to 
  3.63  facilitate ingress to and egress from 
  3.64  the correctional facility. 
  3.65     Sec. 4.  [OPERATION OF NEW CORRECTIONAL FACILITY.] 
  4.1      The custody level four correctional facility authorized in 
  4.2   Laws 1996, chapter 463, section 16, subdivision 3, as amended by 
  4.3   section 3, may not begin to house inmates until its opening is 
  4.4   specifically authorized by law. 
  4.5      Sec. 5.  [COUNTY STATE-AID HIGHWAY.] 
  4.6      A county state-aid highway is established in Chisago county 
  4.7   beginning at the intersection of trunk highway 361 with the 
  4.8   access road to be constructed pursuant to section 3, and 
  4.9   continuing in an easterly direction to the parking lot of the 
  4.10  Rush City correctional facility. 
  4.11     Sec. 6.  [REPEALER.] 
  4.12     Minnesota Statutes 1996, section 243.53, subdivision 2, is 
  4.13  repealed. 
  4.14     Sec. 7.  [EFFECTIVE DATE AND LOCAL APPROVAL.] 
  4.15     Sections 2, 3, 4, and 6 are effective the day following 
  4.16  final enactment.  Section 5 is effective the day after the 
  4.17  commissioner of corrections completes construction of the access 
  4.18  road or the governing body of the county of Chisago complies 
  4.19  with Minnesota Statutes, section 645.021, subdivision 3, 
  4.20  whichever occurs later.