SF 1418

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; ending the state's 
  1.3             operation of the Minnesota correctional facility-Sauk 
  1.4             Centre; requiring the commissioner of administration 
  1.5             to issue a request for proposals and select a vendor 
  1.6             to operate the facility; requiring the commissioner of 
  1.7             corrections to charge counties for juveniles placed at 
  1.8             the Minnesota correctional facility-Red Wing and to 
  1.9             develop admissions criteria for the facility; striking 
  1.10            the requirement that the Minnesota correctional 
  1.11            facility-Red Wing accept all juveniles; requiring a 
  1.12            report to the legislature; establishing a state policy 
  1.13            discouraging the out-of-state placement of juveniles; 
  1.14            appropriating money; amending Minnesota Statutes 1996, 
  1.15            sections 242.19, subdivision 2; 242.55; and 401.13; 
  1.16            proposing coding for new law in Minnesota Statutes, 
  1.17            chapter 242; repealing Minnesota Statutes 1996, 
  1.18            section 242.51. 
  1.19  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.20     Section 1.  [242.085] [STATE POLICY REGARDING PLACEMENT OF 
  1.21  JUVENILES OUT OF STATE.] 
  1.22     It is the policy of this state that delinquent juveniles be 
  1.23  supervised and programmed for within the state.  Courts are 
  1.24  requested, to the greatest extent possible and when appropriate, 
  1.25  to place these juveniles within the state. 
  1.26     Sec. 2.  Minnesota Statutes 1996, section 242.19, 
  1.27  subdivision 2, is amended to read: 
  1.28     Subd. 2.  [DISPOSITIONS.] When a child has been committed 
  1.29  to the commissioner of corrections by a juvenile court, upon a 
  1.30  finding of delinquency, the commissioner may for the purposes of 
  1.31  treatment and rehabilitation: 
  1.32     (a) order the child's confinement to the Minnesota 
  2.1   correctional facility-Red Wing or the Minnesota correctional 
  2.2   facility-Sauk Centre, which shall accept the child, or to a 
  2.3   group foster home under the control of the commissioner of 
  2.4   corrections, or to private facilities or facilities established 
  2.5   by law or incorporated under the laws of this state that may 
  2.6   care for delinquent children; 
  2.7      (b) order the child's release on parole under such 
  2.8   supervisions and conditions as the commissioner believes 
  2.9   conducive to law-abiding conduct, treatment and rehabilitation; 
  2.10     (c) order reconfinement or renewed parole as often as the 
  2.11  commissioner believes to be desirable; 
  2.12     (d) revoke or modify any order, except an order of 
  2.13  discharge, as often as the commissioner believes to be 
  2.14  desirable; 
  2.15     (e) discharge the child when the commissioner is satisfied 
  2.16  that the child has been rehabilitated and that such discharge is 
  2.17  consistent with the protection of the public; 
  2.18     (f) if the commissioner finds that the child is eligible 
  2.19  for probation or parole and it appears from the commissioner's 
  2.20  investigation that conditions in the child's or the guardian's 
  2.21  home are not conducive to the child's treatment, rehabilitation, 
  2.22  or law-abiding conduct, refer the child, together with the 
  2.23  commissioner's findings, to a local social services agency or a 
  2.24  licensed child-placing agency for placement in a foster care or, 
  2.25  when appropriate, for initiation of child in need of protection 
  2.26  or services proceedings as provided in sections 260.011 to 
  2.27  260.301.  The commissioner of corrections shall reimburse local 
  2.28  social services agencies for foster care costs they incur for 
  2.29  the child while on probation or parole to the extent that funds 
  2.30  for this purpose are made available to the commissioner by the 
  2.31  legislature.  The juvenile court shall order the parents of a 
  2.32  child on probation or parole to pay the costs of foster care 
  2.33  under section 260.251, subdivision 1, according to their ability 
  2.34  to pay, and to the extent that the commissioner of corrections 
  2.35  has not reimbursed the local social services agency.  
  2.36     Sec. 3.  [242.192] [CHARGES TO COUNTIES.] 
  3.1      The commissioner shall charge counties or other appropriate 
  3.2   jurisdictions for the actual per diem cost of confinement of 
  3.3   juveniles at the Minnesota correctional facility-Red Wing.  This 
  3.4   charge applies to both counties that participate in the 
  3.5   community corrections act and those that do not.  The 
  3.6   commissioner shall annually determine costs, making necessary 
  3.7   adjustments to reflect the actual costs of confinement.  All 
  3.8   money received under this section must be deposited in the state 
  3.9   treasury and credited to the general fund. 
  3.10     Sec. 4.  Minnesota Statutes 1996, section 242.55, is 
  3.11  amended to read: 
  3.12     242.55 [ACADEMIC PROGRAM.] 
  3.13     The academic program at the Minnesota correctional 
  3.14  facility-Red Wing and the Minnesota correctional facility-Sauk 
  3.15  Centre shall be conducted on a 12-month basis. 
  3.16     Sec. 5.  Minnesota Statutes 1996, section 401.13, is 
  3.17  amended to read: 
  3.18     401.13 [CHARGES MADE TO COUNTIES.] 
  3.19     Each participating county will be charged a sum equal to 
  3.20  the actual per diem cost of confinement of those juveniles 
  3.21  committed to the commissioner after August 1, 1973, and confined 
  3.22  in a state correctional facility.  Provided, however, that the 
  3.23  amount charged a participating county for the costs of 
  3.24  confinement shall not exceed the subsidy to which the county is 
  3.25  eligible.  The commissioner shall annually determine costs 
  3.26  making necessary adjustments to reflect the actual costs of 
  3.27  confinement.  However, in no case shall the percentage increase 
  3.28  in the amount charged to the counties exceed the percentage by 
  3.29  which the appropriation for the purposes of sections 401.01 to 
  3.30  401.16 was increased over the preceding biennium.  The 
  3.31  commissioner of corrections shall bill the counties and deposit 
  3.32  the receipts from the counties in the general fund.  All charges 
  3.33  shall be a charge upon the county of commitment. 
  3.34     Sec. 6.  [WORKING GROUP.] 
  3.35     Subdivision 1.  [ESTABLISHED.] A working group is 
  3.36  established to cooperate with the commissioner of administration 
  4.1   in developing a request for proposals to operate a residential 
  4.2   facility for delinquent male juveniles at the site of the 
  4.3   current Minnesota correctional facility-Sauk Centre.  The 
  4.4   working group shall develop an advisory request for proposals as 
  4.5   provided in this section and present it to the commissioner by 
  4.6   September 15, 1997. 
  4.7      Subd. 2.  [MEMBERSHIP.] The working group consists of 12 
  4.8   members.  One majority and one minority member of the senate, 
  4.9   appointed by the subcommittee on committees, and one majority 
  4.10  and one minority member of the house of representatives, 
  4.11  appointed by the speaker, shall serve on the working group as 
  4.12  nonvoting members.  Two representatives from Hennepin county, 
  4.13  two representatives from Ramsey county, and a representative 
  4.14  from St. Louis county shall serve on the working group.  In 
  4.15  addition, the Minnesota association of counties shall select 
  4.16  three counties from greater Minnesota to be represented on the 
  4.17  working group.  Each county shall have one representative 
  4.18  serving on the group.  These representatives must be experienced 
  4.19  professionals in the juvenile justice field, appointed by the 
  4.20  county board.  The group may elect a chair from among its 
  4.21  members. 
  4.22     Subd. 3.  [ADVISORY REQUEST FOR PROPOSALS.] The advisory 
  4.23  request for proposals must solicit responses from organizations 
  4.24  across the country to lease and operate the facility for a 
  4.25  period of five years.  In developing the request for proposals, 
  4.26  the group shall consult with professionals with demonstrated 
  4.27  experience in the juvenile justice field and shall review 
  4.28  juvenile residential facilities across the country to determine 
  4.29  necessary components for the operation of the facility.  The 
  4.30  request for proposals must include the components necessary to 
  4.31  operate the facility in a state-of-the-art manner using 
  4.32  effective programming for juveniles.  The request for proposals 
  4.33  must require strong aftercare programming for juveniles released 
  4.34  from the facility and an evaluation procedure to determine the 
  4.35  reoffense rate of released juveniles. 
  4.36     Sec. 7.  [ISSUANCE OF REQUEST FOR PROPOSALS; SELECTION OF 
  5.1   VENDOR.] 
  5.2      The commissioner of administration, in consultation with 
  5.3   the working group, shall develop a request for proposals to 
  5.4   operate a juvenile male residential facility at Sauk Centre and 
  5.5   shall issue the request by October 1, 1997.  The request must 
  5.6   remain open until November 15, 1997.  Upon receipt and 
  5.7   evaluation of the responses to the request for proposals, and 
  5.8   before selecting a vendor to operate the facility, the 
  5.9   commissioner of administration shall provide the proposals and 
  5.10  the commissioner's evaluation of the proposals to the chairs of 
  5.11  the senate crime prevention committee and crime prevention and 
  5.12  judiciary budget division, and the house judiciary committee and 
  5.13  judiciary finance committee.  Within 14 days after receiving 
  5.14  them, the chairs shall advise the commissioner on which proposal 
  5.15  should be selected.  By January 15, 1998, the commissioner shall 
  5.16  select a vendor to operate the facility.  On July 1, 1998, the 
  5.17  vendor shall begin operating the facility. 
  5.18     Sec. 8.  [STATE OPERATION OF SAUK CENTRE ENDED.] 
  5.19     (a) After June 30, 1998, the Minnesota correctional 
  5.20  facility-Sauk Centre will no longer be operated by the 
  5.21  commissioner of corrections.  The facility will be operated by a 
  5.22  vendor selected by the commissioner of administration under 
  5.23  section 7.  However, the commissioner of corrections retains the 
  5.24  authority to license the facility.  By July 1, 1998, juveniles 
  5.25  confined at Sauk Centre must be transferred to the Minnesota 
  5.26  correctional facility-Red Wing or to other residential 
  5.27  facilities licensed by the commissioner of corrections, or upon 
  5.28  request of the county, to the county originally having 
  5.29  jurisdiction over the juvenile.  In the alternative, a juvenile 
  5.30  may remain at Sauk Centre if a satisfactory arrangement can be 
  5.31  made with the new vendor chosen to operate the facility. 
  5.32     (b) The commissioner of corrections shall make diligent 
  5.33  efforts to place employees assigned to the Minnesota 
  5.34  correctional facility-Sauk Centre on June 30, 1998, to 
  5.35  comparable jobs at other facilities operated by the 
  5.36  commissioner.  Any transfers in accordance with this paragraph 
  6.1   are governed by applicable provisions of collective bargaining 
  6.2   agreements and personnel policies affecting the employees. 
  6.3      Sec. 9.  [JUVENILE SEX OFFENDER TREATMENT PROGRAM.] 
  6.4      By July 1, 1998, the commissioner of corrections shall 
  6.5   begin operating a juvenile sex offender treatment program at the 
  6.6   Minnesota correctional facility-Red Wing. 
  6.7      Sec. 10.  [ADMISSIONS CRITERIA FOR MINNESOTA CORRECTIONAL 
  6.8   FACILITY-RED WING.] 
  6.9      By July 1, 1998, the commissioner of corrections shall 
  6.10  develop admissions criteria for the placement of juveniles at 
  6.11  the Minnesota correctional facility-Red Wing.  These criteria 
  6.12  must ensure that juveniles who commit less serious offenses or 
  6.13  who do not need the type of supervision and programming 
  6.14  available at Red Wing are not placed there.  These criteria must 
  6.15  ensure that to the greatest extent possible, juveniles are 
  6.16  supervised and programmed for in the community in which they 
  6.17  live or whose jurisdiction they are under. 
  6.18     Sec. 11.  [COLLABORATION WITH HENNEPIN COUNTY ON FEMALE 
  6.19  JUVENILE RESIDENTIAL FACILITY.] 
  6.20     (a) The commissioner of corrections shall explore the 
  6.21  feasibility and advisability of collaborating with Hennepin 
  6.22  county to construct a female juvenile residential facility.  The 
  6.23  purpose of the facility would be to accept juvenile females 
  6.24  committed to the commissioner of corrections, juvenile females 
  6.25  placed at the facility by Hennepin county, and juvenile females 
  6.26  accepted under contracts from other counties.  By February 1, 
  6.27  1998, the commissioner shall report findings to the chairs of 
  6.28  the senate crime prevention and judiciary budget division and 
  6.29  the house judiciary finance committee. 
  6.30     (b) If the commissioner determines that it is feasible and 
  6.31  advisable to construct the facility described in paragraph (a), 
  6.32  and the commissioner determines that it is necessary to act 
  6.33  expeditiously, the commissioner may enter into a contract with 
  6.34  Hennepin county to construct the facility. 
  6.35     Sec. 12.  [APPROPRIATION.] 
  6.36     $....... is appropriated from the general fund to the 
  7.1   commissioner of corrections for the fiscal year ending June 30, 
  7.2   1999, for grants to counties for juvenile programming. 
  7.3      Sec. 13.  [REPEALER.] 
  7.4      Minnesota Statutes 1996, section 242.51, is repealed.