as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to corrections; directing the commissioner of 1.3 administration to issue a request for proposals 1.4 relating to prison privatization; establishing certain 1.5 standards when contracting for prison services; 1.6 requiring the commissioner of corrections to issue a 1.7 report. 1.8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.9 Section 1. [ISSUANCE OF REQUEST FOR PROPOSALS; PRISON 1.10 PRIVATIZATION; OFFENDERS OVER AND ABOVE CURRENT STATE CAPACITY.] 1.11 (a) The commissioner of administration, in consultation 1.12 with the commissioner of corrections, must issue a request for 1.13 proposals by August 1, 2003, and must authorize one or more 1.14 vendors by January 1, 2004, to provide correctional facilities, 1.15 services, and supervision for persons committed to the 1.16 commissioner of corrections by the courts of this state. The 1.17 commissioner may consider proposals from vendors with facilities 1.18 either within or outside of Minnesota. The request for 1.19 proposals issued under this section must relate to the care, 1.20 custody, and rehabilitation of all offenders appropriate for 1.21 medium and minimum security supervision for whom there is 1.22 insufficient capacity in Minnesota's current corrections 1.23 institutions. Capacity limits must be determined after taking 1.24 into account all possible steps authorized by law to maximize 1.25 current capacity in all institutions, such as double-bunking. 1.26 (b) In establishing criteria and preferences for vendors, 2.1 the commissioner of administration must consult with the 2.2 commissioner of corrections, the executive director of the 2.3 sentencing guidelines commission, and the commissioner of human 2.4 services, as appropriate. The commissioner must consider the 2.5 following factors in issuing the request for proposals: 2.6 (1) the level or levels of security for which custodial 2.7 care and services will be needed; 2.8 (2) the type and length of treatment, educational, and 2.9 other programs and services appropriate to offenders likely to 2.10 be transferred to a private correctional facility; 2.11 (3) the transport of offenders to and from any private 2.12 facilities; 2.13 (4) the division of all costs associated with providing 2.14 care, custody, and rehabilitation for offenders committed to the 2.15 commissioner of corrections; and 2.16 (5) other factors deemed appropriate for consideration by 2.17 the commissioner of administration, corrections, or human 2.18 services, or by the executive director of the sentencing 2.19 guidelines commission. 2.20 [EFFECTIVE DATE.] This section is effective the day 2.21 following final enactment. 2.22 Sec. 2. [COST-EFFECTIVENESS STUDY; PRISON PRIVATIZATION.] 2.23 By September 1, 2003, the commissioner of corrections must 2.24 report to the chairs and ranking minority members of the 2.25 legislative committees having jurisdiction over corrections and 2.26 judiciary policy and finance issues on the cost-effectiveness of 2.27 utilizing private facilities for the care and custody of 2.28 above-capacity medium and minimum security offenders. The 2.29 report must analyze the full range of existing government and 2.30 other scholarly research on the cost-effectiveness of prison 2.31 privatization and must also specifically analyze the proposal in 2.32 section 1. The report must formulate recommendations on how 2.33 best to utilize private prison services to maximize cost savings 2.34 in Minnesota. 2.35 [EFFECTIVE DATE.] This section is effective the day 2.36 following final enactment.