HF 940

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

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 2004, section 241.01, subdivision 3a.

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

Section 1.

Minnesota Statutes 2004, 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, 2005, to provide correctional
facilities, services, and supervision for 1,500 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. A proposal that
includes construction of new facilities must construct the new
facilities outside of the metropolitan counties, as defined in
Minnesota Statutes, section 473.121, subdivision 4. 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; and
new text end

new text begin (2) 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 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 of all costs associated with providing
care, custody, and rehabilitation for offenders committed to the
commissioner of corrections; and
new text end

new text begin (5) 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