SF 1296

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to corrections; authorizing certain 
  1.3             commitments to the commissioner of corrections to be 
  1.4             served in local correctional facilities; authorizing 
  1.5             the commissioner to issue a request for proposals to 
  1.6             provide facilities for persons committed to the 
  1.7             commissioner; amending Minnesota Statutes 2002, 
  1.8             section 609.105, subdivision 1, by adding 
  1.9             subdivisions; repealing Laws 2002, chapter 220, 
  1.10            article 6, section 6. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 2002, section 609.105, 
  1.13  subdivision 1, is amended to read: 
  1.14     Subdivision 1.  In a felony sentence to imprisonment, when 
  1.15  the remaining term of imprisonment is for more than one year 180 
  1.16  days or less, the defendant shall commit the defendant be 
  1.17  committed to the custody of the commissioner of corrections and 
  1.18  must serve the remaining term of imprisonment at a workhouse, 
  1.19  work farm, county jail, or other place authorized by law.  
  1.20     Sec. 2.  Minnesota Statutes 2002, section 609.105, is 
  1.21  amended by adding a subdivision to read: 
  1.22     Subd. 1a.  [DEFINITIONS.] (a) The terms in this subdivision 
  1.23  apply to this section. 
  1.24     (b) "Remaining term of imprisonment" as applied to inmates 
  1.25  whose crimes were committed before August 1, 1993, is the period 
  1.26  of time for which an inmate is committed to the custody of the 
  1.27  commissioner of corrections minus earned good time and jail 
  1.28  credit, if any. 
  2.1      (c) "Remaining term of imprisonment" as applied to inmates 
  2.2   whose crimes were committed on or after August 1, 1993, is the 
  2.3   period of time equal to two-thirds of the inmate's executed 
  2.4   sentence, minus jail credit, if any. 
  2.5      Sec. 3.  Minnesota Statutes 2002, section 609.105, is 
  2.6   amended by adding a subdivision to read: 
  2.7      Subd. 1b.  [SENTENCE TO MORE THAN 180 DAYS.] A felony 
  2.8   sentence to imprisonment when the warrant of commitment has a 
  2.9   remaining term of imprisonment for more than 180 days shall 
  2.10  commit the defendant to the custody of the commissioner of 
  2.11  corrections. 
  2.12     Sec. 4.  [REQUEST FOR PROPOSALS AUTHORIZED; SHORT-TERM 
  2.13  OFFENDERS.] 
  2.14     (a) The commissioner of corrections, in consultation with 
  2.15  the commissioner of administration, may issue a request for 
  2.16  proposals by September 1, 2003, for operators, including the 
  2.17  department of corrections, to provide correctional facility or 
  2.18  facilities, for persons committed to the commissioner of 
  2.19  corrections on or after July 1, 2006, for the care, custody, and 
  2.20  programming for state housed offenders with remaining term of 
  2.21  imprisonment of less than 365 days. 
  2.22     (b) The commissioner may not accept any proposal received 
  2.23  under paragraph (a) unless specifically directed to do so by law.
  2.24     Sec. 5.  [REPORT TO LEGISLATURE ON PROPOSALS RECEIVED.] 
  2.25     By February 1, 2004, the commissioner of corrections shall 
  2.26  report to the chairs and ranking minority members of the 
  2.27  legislative committees having jurisdiction over corrections and 
  2.28  judiciary policy and finance on the proposals obtained in 
  2.29  section 4. 
  2.30     Sec. 6.  [REPEALER.] 
  2.31     Laws 2002, chapter 220, article 6, section 6, is repealed.