HF 3422

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to corrections; setting per diem cost of 
  1.3             confinement at Minnesota correctional facility-Red 
  1.4             Wing; providing for review of placement requests for 
  1.5             admission to Minnesota correctional facility-Red Wing; 
  1.6             authorizing the commissioner of corrections to receive 
  1.7             and house juvenile delinquents and persons convicted 
  1.8             as extended jurisdiction juveniles; amending Minnesota 
  1.9             Statutes 1998, sections 242.41; 242.43; and 242.44; 
  1.10            Minnesota Statutes 1999 Supplement, section 242.192. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 1999 Supplement, section 
  1.13  242.192, is amended to read: 
  1.14     242.192 [CHARGES TO COUNTIES.] 
  1.15     The commissioner shall charge counties or other appropriate 
  1.16  jurisdictions for the actual per diem cost of confinement, 
  1.17  excluding educational costs and nonbillable service, of 
  1.18  juveniles at the Minnesota correctional facility-Red Wing and of 
  1.19  juvenile females committed to the commissioner of corrections.  
  1.20  This charge applies to both counties that participate in the 
  1.21  Community Corrections Act and those that do not.  The 
  1.22  commissioner shall annually determine costs, making necessary 
  1.23  adjustments to reflect the actual costs of confinement the per 
  1.24  diem cost of confinement based on projected population, pricing 
  1.25  incentives, market conditions, and the requirement that expense 
  1.26  and revenue balance out over a period of four years.  All money 
  1.27  received under this section must be deposited in the state 
  1.28  treasury and credited to the general fund. 
  2.1      Sec. 2.  Minnesota Statutes 1998, section 242.41, is 
  2.2   amended to read: 
  2.3      242.41 [THE MINNESOTA CORRECTIONAL FACILITY-RED WING.] 
  2.4      There is established the Minnesota correctional 
  2.5   facility-Red Wing at Red Wing, Minnesota, in which may be placed 
  2.6   persons committed to the commissioner of corrections by the 
  2.7   courts of this state who, in the opinion of the commissioner, 
  2.8   may benefit from the programs available thereat or admitted 
  2.9   consistent with established admissions criteria.  When reviewing 
  2.10  placement requests from counties, the commissioner shall take 
  2.11  into consideration the purpose of the Minnesota correctional 
  2.12  facility-Red Wing which is to educate and provide treatment for 
  2.13  serious and chronic juvenile offenders for which the county has 
  2.14  exhausted local resources.  The general control and management 
  2.15  of the facility shall be under the commissioner of corrections.  
  2.16     Sec. 3.  Minnesota Statutes 1998, section 242.43, is 
  2.17  amended to read: 
  2.18     242.43 [COMMISSIONER, DUTIES.] 
  2.19     The commissioner of corrections shall receive, clothe, 
  2.20  maintain, and instruct, at the expense of the state, all 
  2.21  children duly committed to the corrections department and placed 
  2.22  in a state correctional facility for juveniles and keep them in 
  2.23  custody until placed on probation, paroled, or discharged.  The 
  2.24  commissioner may place any of these children in suitable foster 
  2.25  care facilities or cause them to be instructed in such trades or 
  2.26  employment as in the commissioner's judgment will be most 
  2.27  conducive to their reformation and tend to the future benefit 
  2.28  and advantage of these children.  The commissioner may discharge 
  2.29  any child so committed, or may recall to the facility at any 
  2.30  time any child paroled, placed on probation, or transferred; 
  2.31  and, upon recall, may resume the care and control thereof.  The 
  2.32  discharge of a child by the commissioner shall be a complete 
  2.33  release from all penalties and disabilities created by reason of 
  2.34  the commitment. 
  2.35     Upon the parole or discharge of any inmate of any state 
  2.36  juvenile correctional facility, the commissioner of corrections 
  3.1   may pay to each inmate released an amount of money not exceeding 
  3.2   the sum of $10.  All payments shall be made from the current 
  3.3   expense fund of the facility.  
  3.4      Sec. 4.  Minnesota Statutes 1998, section 242.44, is 
  3.5   amended to read: 
  3.6      242.44 [PUPILS.] 
  3.7      The commissioner of corrections, so far as the 
  3.8   accommodations of the correctional facilities and other means at 
  3.9   the commissioner's disposal will permit, shall may receive and 
  3.10  keep until they reach 19 years of age, or until placed in homes, 
  3.11  or discharged, all persons committed to the commissioner's care 
  3.12  and custody by a juvenile court juvenile delinquents and 
  3.13  juvenile offenders serving a juvenile disposition under section 
  3.14  260B.130, subdivision 4.  The commissioner's housing of these 
  3.15  individuals must be consistent with federal and state law, 
  3.16  including established admissions criteria for Minnesota 
  3.17  correctional facility-Red Wing.  The commissioner may place 
  3.18  these youths at employment, may provide education suitable to 
  3.19  their years and capacity, and may place them in suitable homes.  
  3.20  Under rules prescribed by the commissioner, when deemed best for 
  3.21  these youths, they persons committed to the commissioner's care 
  3.22  and custody by a juvenile court may be paroled or discharged 
  3.23  from the facility by the commissioner.  All pupils in the 
  3.24  facility shall be clothed, instructed, and maintained at the 
  3.25  expense of the state by the commissioner of corrections.