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Minnesota Legislature

Office of the Revisor of Statutes

HF 3223

as introduced - 89th Legislature (2015 - 2016) Posted on 03/29/2016 12:39pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to public safety; authorizing the commissioner of corrections to house
offenders in nonpublicly owned facilities; amending Minnesota Statutes 2014,
section 241.01, subdivision 3a.

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

Section 1.

Minnesota Statutes 2014, 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 Correctionsnew text begin, or a nonpublicly owned
facility,
new text end and to prescribe reasonable conditions and rules for their employment, conduct,
instruction, and discipline within or outside the facility. 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 (j) The commissioner, in order to address bed capacity shortfalls, shall enter into a
contract to lease and operate an existing prison facility with a capacity of at least 1,500
beds located in Appleton, Minnesota.
new text end