HF 939

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 03/16/2011 04:37pm

A bill for an act
relating to corrections; requiring the commissioner of corrections to issue a
request for proposals for housing individuals committed to the custody of the
commissioner in private prisons; amending Minnesota Statutes 2010, section
241.01, subdivision 3a.

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

Section 1.

Minnesota Statutes 2010, 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 Corrections new text begin , or at a private 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. Inmates may serve on the board of directors or hold an
executive position subordinate to correctional staff in any corporation, private industry or
educational program located on the grounds of, or conducted within, a state correctional
facility with written permission from the chief executive officer of the facility.

(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 EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2. new text begin ISSUANCE OF REQUEST FOR PROPOSALS; PRISON
PRIVATIZATION.
new text end

new text begin Subdivision 1. new text end

new text begin Request for proposals. new text end

new text begin The commissioner of administration, in
consultation with the commissioner of corrections, must issue a request for proposals
within 30 days of the effective date of this act, and must authorize one or more vendors
by November 1, 2011, to provide correctional facilities, services, and supervision for
persons committed to the commissioner of corrections by the courts of this state. The
commissioner may consider proposals from vendors with facilities in Minnesota and from
vendors that propose building facilities in Minnesota. The commissioner may consider
proposals that involve multiple sites. The Department of Corrections may submit a
proposal. A proposal submitted by the department must be given the same consideration
as proposals from private vendors.
new text end

new text begin Subd. 2. new text end

new text begin Minimum requirements. new text end

new text begin To qualify for consideration, a vendor must:
new text end

new text begin (1) agree to house prisoners at a cost to the state that is at least five percent below
the Department of Correction's current per diem for the medium security facility that is
most costly for the department to operate;
new text end

new text begin (2) agree, in the event that transferring prisoners to private prisons results in the
displacement of state workers, to give priority in hiring to qualified employees of the
Department of Corrections; and
new text end

new text begin (3) meet or exceed the prison standards promulgated by the American Correctional
Association.
new text end

new text begin Subd. 3. new text end

new text begin Per diem calculation. new text end

new text begin In calculating the per diem for the most costly
medium security facility operated by the department, the commissioner must use the
per diem calculation required under Minnesota Statutes, section 241.018, subdivision 1,
paragraph (b), and add the following expenses, if they are not already included:
new text end

new text begin (1) all labor expenses, including direct wage and salary costs, training costs,
overtime, and supervisory overhead;
new text end

new text begin (2) total employee fringe and other personnel expenses;
new text end

new text begin (3) contract management costs;
new text end

new text begin (4) the imputed tax impact of the facility if the facility were privately operated and
required to pay federal, state, and local taxes; and
new text end

new text begin (5) any other cost particular to incarcerating offenders at the facility.
new text end

new text begin Subd. 4. new text end

new text begin Selection criteria. new text end

new text begin In establishing criteria and preferences for vendors, the
commissioner of administration must consult with the commissioner of corrections, the
executive director of the Sentencing Guidelines Commission, and the commissioner of
human services, as appropriate. The commissioner must consider the following factors in
issuing the request for proposals:
new text end

new text begin (1) the level or levels of security for which custodial care and services will be needed;
new text end

new text begin (2) the type and length of treatment, educational, and other programs and services
appropriate to offenders likely to be housed in a private correctional facility;
new text end

new text begin (3) the transport of offenders to and from any private facilities;
new text end

new text begin (4) the division between the state and private provider of all costs associated with
providing care, custody, and rehabilitation for offenders committed to the commissioner
of corrections;
new text end

new text begin (5) the recidivism rate of the vendor; and
new text end

new text begin (6) other factors deemed appropriate for consideration by the commissioner of
administration, corrections, or human services, or by the executive director of the
Sentencing Guidelines Commission.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3. new text begin DISPLACED CORRECTIONAL EMPLOYEES.
new text end

new text begin Unless prohibited by applicable collective bargaining agreements, correctional
employees who are displaced due to the transfer of state inmates to private facilities shall
have priority in consideration for vacant positions within the Department of Corrections
and at secure facilities operated by the Department of Human Services.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end