HF 3620

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to human services; modifying policies for secured treatment facilities;
providing for criminal penalties for possession of contraband; allowing for
the entering of service contracts; modifying escape from custody provisions;
providing sentencing provisions; amending Minnesota Statutes 2004, sections
243.55, subdivision 1; 246.014; Minnesota Statutes 2005 Supplement, section
609.485, subdivisions 2, 4.

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

Section 1.

Minnesota Statutes 2004, section 243.55, subdivision 1, is amended to read:

Subdivision 1.

Contraband; bringing into correctional facility; felony.

Any
person who brings, sends, or in any manner causes to be introduced into any state
correctional facility or state hospital, or within or upon the grounds belonging to or land
or controlled by any such facility or hospital, or is found in possession of any controlled
substance as defined in section 152.01, subdivision 4, or any firearms, weapons or
explosives of any kind, without the consent of the chief executive officer thereof, shall be
guilty of a felony and, upon conviction thereof, punished by imprisonment for a term of
not more than ten years. Any person who brings, sends, or in any manner causes to be
introduced into any state correctional facility or within or upon the grounds belonging
to or land controlled by the facility, or is found in the possession of any intoxicating or
alcoholic liquor or malt beverage of any kind without the consent of the chief executive
officer thereof, shall be guilty of a gross misdemeanor. new text begin Any person who brings, sends, or
in any manner causes to be introduced into any state-operated secure treatment facility, as
defined in section 253B.02, subdivision 18a, within or upon the grounds belonging to or
land controlled by the facility, or is found in the possession of any intoxicating or alcoholic
liquor or malt beverage without the consent of the chief executive officer thereof, shall
be guilty of a felony and, upon conviction thereof, punished by imprisonment for a term
of not more than ten years. new text end The provisions of this section shall not apply to physicians
carrying drugs or introducing any of the above described liquors into such facilities for use
in the practice of their profession; nor to sheriffs or other peace officers carrying revolvers
or firearms as such officers in the discharge of duties.

Sec. 2.

Minnesota Statutes 2004, section 246.014, is amended to read:

246.014 SERVICES.

The measure of services established and prescribed by section 246.012, are:

(a) The commissioner of human services shall develop and maintain state-operated
services in a manner consistent with sections 245.461, 245.487, and 253.28, and chapters
252, 254A, and 254B. State-operated services shall be provided in coordination with
counties and other vendors. State-operated services shall include regional treatment
centers, specialized inpatient or outpatient treatment programs, enterprise services,
community-based services and programs, community preparation services, consultative
services, and other services consistent with the mission of the Department of Human
Services. These services shall include crisis beds, waivered homes, intermediate care
facilities, and day training and habilitation facilities. The administrative structure of
state-operated services must be statewide in character. The state-operated services staff
may deliver services at any location throughout the state.

(b) The commissioner of human services shall create and maintain forensic services
programs. Forensic services shall be provided in coordination with counties and other
vendors. Forensic services shall include specialized inpatient programs at secure treatment
facilities as defined in section 253B.02, subdivision 18a, consultative services, aftercare
services, community-based services and programs, transition services, or other services
consistent with the mission of the Department of Human Services.

(c) Community preparation services as identified in paragraphs (a) and (b) are
defined as specialized inpatient or outpatient services or programs operated outside of a
secure environment but are administered by a secured treatment facility.

(d) The commissioner of human services may establish policies and procedures
which govern the operation of the services and programs under the direct administrative
authority of the commissioner.

new text begin (e) Notwithstanding sections 16C.08, 16C.09, 43A.047, or other law to the contrary,
the commissioner of human services may enter into or approve a service contract for
medical services at state-operated service facilities without determining that no current
state employee is able and available to perform the services called for by the contract.
new text end

Sec. 3.

Minnesota Statutes 2005 Supplement, section 609.485, subdivision 2, is
amended to read:

Subd. 2.

Acts prohibited.

Whoever does any of the following may be sentenced as
provided in subdivision 4:

(1) escapes while held pursuant to a lawful arrest, in lawful custody on a charge or
conviction of a crime, or while held in lawful custody on an allegation or adjudication
of a delinquent act;

(2) transfers to another, who is in lawful custody on a charge or conviction of a
crime, or introduces into an institution in which the latter is confined, anything usable in
making such escape, with intent that it shall be so used;

(3) having another in lawful custody on a charge or conviction of a crime,
intentionally permits the other to escape;

(4) escapes while in a facility designated under section 253B.18, subdivision 1,
pursuant to a court commitment order after a finding of not guilty by reason of mental
illness or mental deficiency of a crime against the person, as defined in section 253B.02,
subdivision 4a. Notwithstanding section 609.17, no person may be charged with or
convicted of an attempt to commit a violation of this clause;

(5) escapes while in new text begin or under the supervision of new text end a facility designated under section
253B.18, subdivision 1, pursuant to a court new text begin hold or new text end commitment order under section
253B.185 or Minnesota Statutes 1992, section 526.10; or

(6) escapes while on pass status or provisional discharge according to section
253B.18.

For purposes of clause (1), "escapes while held in lawful custody" includes
absconding from electronic monitoring or absconding after removing an electronic
monitoring device from the person's body.

Sec. 4.

Minnesota Statutes 2005 Supplement, section 609.485, subdivision 4, is
amended to read:

Subd. 4.

Sentence.

(a) Except as otherwise provided in subdivision 3a, whoever
violates this section may be sentenced as follows:

(1) if the person who escapes is in lawful custody for a felony, to imprisonment for
not more than five years or to payment of a fine of not more than $10,000, or both;

(2) if the person who escapes is in lawful custody after a finding of not guilty by
reason of mental illness or mental deficiency of a crime against the person, as defined in
section 253B.02, subdivision 4a, deleted text begin or pursuant to a court commitment order under section
253B.185 or Minnesota Statutes 1992, section 526.10, deleted text end to imprisonment for not more than
one year and one day or to payment of a fine of not more than $3,000, or both;

(3) if the person who escapes is in lawful custody for a gross misdemeanor or
misdemeanor, or if the person who escapes is in lawful custody on an allegation or
adjudication of a delinquent act, to imprisonment for not more than one year or to payment
of a fine of not more than $3,000, or both; or

(4) if the person who escapes is under civil commitment under deleted text begin sections deleted text end new text begin section new text end
253B.18 deleted text begin and 253B.185 deleted text end , to imprisonment for not more than one year and one day or to
payment of a fine of not more than $3,000, or both deleted text begin . deleted text end new text begin ; or
new text end

new text begin (5) if the person who escapes is under a court hold, civil commitment, or supervision
under section 253B.185 or Minnesota Statutes 1992, section 526.10, to imprisonment for
not more than five years or to payment of a fine of not more than $10,000, or both.
new text end

(b) If the escape was a violation of subdivision 2, clause (1), (2), or (3), and was
effected by violence or threat of violence against a person, the sentence may be increased
to not more than twice those permitted in paragraph (a), clauses (1) and (3).

(c) Unless a concurrent term is specified by the court, a sentence under this section
shall be consecutive to any sentence previously imposed or which may be imposed for any
crime or offense for which the person was in custody when the person escaped.

(d) Notwithstanding paragraph (c), if a person who was committed to the
commissioner of corrections under section 260B.198 escapes from the custody of the
commissioner while 18 years of age, the person's sentence under this section shall
commence on the person's 19th birthday or on the person's date of discharge by the
commissioner of corrections, whichever occurs first. However, if the person described
in this clause is convicted under this section after becoming 19 years old and after
having been discharged by the commissioner, the person's sentence shall commence
upon imposition by the sentencing court.

(e) Notwithstanding paragraph (c), if a person who is in lawful custody on an
allegation or adjudication of a delinquent act while 18 years of age escapes from a local
juvenile correctional facility, the person's sentence under this section begins on the
person's 19th birthday or on the person's date of discharge from the jurisdiction of the
juvenile court, whichever occurs first. However, if the person described in this paragraph
is convicted after becoming 19 years old and after discharge from the jurisdiction of the
juvenile court, the person's sentence begins upon imposition by the sentencing court.

(f) Notwithstanding paragraph (a), any person who escapes or absconds from
electronic monitoring or removes an electric monitoring device from the person's body is
guilty of a crime and shall be sentenced to imprisonment for not more than one year or to
a payment of a fine of not more than $3,000, or both. A person in lawful custody for a
violation of section 609.185, 609.19, 609.195, 609.20, 609.205, 609.21, 609.221, 609.222,
609.223, 609.2231, 609.342, 609.343, 609.344, 609.345, or 609.3451 who escapes or
absconds from electronic monitoring or removes an electronic monitoring device while
under sentence may be sentenced to imprisonment for not more than five years or to a
payment of a fine of not more than $10,000, or both.