SF 776

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to corrections; authorizing room and board 
  1.3             charges from inmate wages; eliminating mandatory 
  1.4             savings; amending Minnesota Statutes 1994, section 
  1.5             243.23, subdivision 3. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 243.23, 
  1.8   subdivision 3, is amended to read: 
  1.9      Subd. 3.  [EXCEPTIONS.] Notwithstanding sections 241.26, 
  1.10  subdivision 5, and 243.24, subdivision 1, the commissioner may 
  1.11  promulgate rules for the disbursement of funds earned under 
  1.12  subdivision 1, or other funds in an inmate account, and section 
  1.13  243.88, subdivision 2.  The commissioner shall may first make 
  1.14  deductions for the following expenses:  federal and state taxes; 
  1.15  repayment of advances; gate money as provided in section 243.24; 
  1.16  and, where applicable, mandatory savings as provided by United 
  1.17  States Code, title 18, section 1761, as amended room and board 
  1.18  or other costs of confinement.  The commissioner's rules may 
  1.19  then provide for disbursements to be made in the following order 
  1.20  of priority: 
  1.21     (1) for the support of families and dependent relatives of 
  1.22  the respective inmates; 
  1.23     (2) for the payment of court-ordered restitution; 
  1.24     (3) for payment of fines, surcharges, or other fees 
  1.25  assessed or ordered by a court; 
  2.1      (4) for contribution to any programs established by law to 
  2.2   aid victims of crime provided that the contribution shall not be 
  2.3   more than 20 percent of an inmate's gross wages; 
  2.4      (5) for the payment of restitution to the commissioner 
  2.5   ordered by prison disciplinary hearing officers for damage to 
  2.6   property caused by an inmate's conduct; and 
  2.7      (6) for the discharge of any legal obligations arising out 
  2.8   of litigation under this subdivision.  
  2.9      The commissioner may authorize the payment of court-ordered 
  2.10  restitution from an inmate's wages when the restitution was 
  2.11  ordered by the court as a sanction for the conviction of an 
  2.12  offense which is not the offense of commitment, including 
  2.13  offenses which occurred prior to the offense for which the 
  2.14  inmate was committed to the commissioner.  An inmate of an adult 
  2.15  correctional facility under the control of the commissioner is 
  2.16  subject to actions for the enforcement of support obligations 
  2.17  and reimbursement of any public assistance rendered the 
  2.18  dependent family and relatives.  The commissioner may 
  2.19  conditionally release an inmate who is a party to an action 
  2.20  under this subdivision and provide for the inmate's detention in 
  2.21  a local detention facility convenient to the place of the 
  2.22  hearing when the inmate is not engaged in preparation and 
  2.23  defense.