HF 3637

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to corrections; making minor modifications to 
  1.3             the sentence to work program; amending Minnesota 
  1.4             Statutes 1996, section 3.739, subdivision 1; Minnesota 
  1.5             Statutes 1997 Supplement, sections 241.277, 
  1.6             subdivisions 6, 9, and by adding a subdivision; and 
  1.7             609.113, subdivision 3. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1996, section 3.739, 
  1.10  subdivision 1, is amended to read: 
  1.11     Subdivision 1.  [PERMISSIBLE CLAIMS.] Claims and demands 
  1.12  arising out of the circumstances described in this subdivision 
  1.13  shall be presented to, heard, and determined as provided in 
  1.14  subdivision 2: 
  1.15     (1) an injury to or death of an inmate of a state, 
  1.16  regional, or local correctional facility or county jail who has 
  1.17  been conditionally released and ordered to perform uncompensated 
  1.18  work for a state agency, a political subdivision or public 
  1.19  corporation of this state, a nonprofit educational, medical, or 
  1.20  social service agency, or a private business or individual, as a 
  1.21  condition of the release, while performing the work; 
  1.22     (2) an injury to or death of a person sentenced by a court, 
  1.23  granted a suspended sentence by a court, or subject to a court 
  1.24  disposition order, and who, under court order, is performing 
  1.25  work (a) in restitution, (b) in lieu of or to work off fines or 
  1.26  court ordered costs, (c) in lieu of incarceration, or (d) as a 
  2.1   term or condition of a sentence, suspended sentence, or 
  2.2   disposition order, while performing the work; 
  2.3      (3) an injury to or death of a person, who has been 
  2.4   diverted from the court system and who is performing work as 
  2.5   described in paragraph (1) or (2) under a written agreement 
  2.6   signed by the person, and if a juvenile, by a parent or 
  2.7   guardian; or 
  2.8      (4) an injury to or death of any person caused by an 
  2.9   individual who was performing work as described in paragraph 
  2.10  (1), (2), or (3); or 
  2.11     (5) necessary medical care of offenders sentenced to the 
  2.12  Camp Ripley program operated by the department of corrections. 
  2.13     Sec. 2.  Minnesota Statutes 1997 Supplement, section 
  2.14  241.277, subdivision 6, is amended to read: 
  2.15     Subd. 6.  [LENGTH OF STAY.] An offender sentenced by a 
  2.16  court to the work program must serve a minimum of two-thirds of 
  2.17  the pronounced sentence unless the offender is terminated from 
  2.18  the program and remanded to the custody of the sentencing court 
  2.19  as provided in subdivision 7.  The offender may be required to 
  2.20  remain at the program beyond the minimum sentence for any period 
  2.21  up to the full sentence if the offender violates disciplinary 
  2.22  rules.  An offender whose program completion occurs on a 
  2.23  Saturday, Sunday, or holiday shall be allowed to return to the 
  2.24  community on the last day before the completion date that is not 
  2.25  a Saturday, Sunday, or holiday.  If the offender's stay in the 
  2.26  program was extended due to a violation of the discipline rules 
  2.27  and the offender's day of completion is a Saturday, Sunday, or 
  2.28  holiday, the offender shall not be allowed to return to the 
  2.29  community until the day following that is not a Saturday, 
  2.30  Sunday, or holiday. 
  2.31     Sec. 3.  Minnesota Statutes 1997 Supplement, section 
  2.32  241.277, is amended by adding a subdivision to read: 
  2.33     Subd. 6a.  [FURLOUGHS.] The commissioner may furlough an 
  2.34  offender for up to three days in the event of the death of a 
  2.35  family member or spouse.  If the commissioner determines that 
  2.36  the offender requires serious and immediate medical attention, 
  3.1   the commissioner may grant furloughs of up to three days to 
  3.2   provide appropriate health care. 
  3.3      Sec. 4.  Minnesota Statutes 1997 Supplement, section 
  3.4   241.277, subdivision 9, is amended to read: 
  3.5      Subd. 9.  [COSTS OF PROGRAM.] Counties sentencing offenders 
  3.6   to the program must pay 25 percent of the per diem expenses for 
  3.7   the offender.  The commissioner is responsible for all other 
  3.8   costs associated with the placement of offenders in the program, 
  3.9   including, but not limited to, the remaining per diem expenses 
  3.10  and the full cost of transporting offenders to and from the 
  3.11  program.  Costs of medical care will be paid according to the 
  3.12  provisions of section 3.739. 
  3.13     Sec. 5.  Minnesota Statutes 1997 Supplement, section 
  3.14  609.113, subdivision 3, is amended to read: 
  3.15     Subd. 3.  [OFFENDERS INELIGIBLE FOR PROGRAM.] A person is 
  3.16  ineligible to be sentenced to the work program if: 
  3.17     (1) the court determines that the person has a debilitating 
  3.18  chemical dependency or serious mental health problem or the 
  3.19  person has a serious and chronic condition requiring ongoing and 
  3.20  continuous medical monitoring and treatment by a medical 
  3.21  professional; or 
  3.22     (2) the person has been convicted of a nonviolent felony or 
  3.23  gross misdemeanor offense after having initially been charged 
  3.24  with committing a crime against the person.