1.1                                         A bill for an act&#10;1.2      relating to corrections; requiring state and local jail and prison inmates to be &#10;1.3      housed in publicly owned and operated jails and prisons; prohibiting the state and &#10;1.4      counties from contracting with private prisons; authorizing the purchase of the &#10;1.5      Prairie Correctional Facility;amending Minnesota Statutes 2004, section 241.01, &#10;1.6      subdivision 3a; proposing coding for new law in Minnesota Statutes, chapter 641.&#10;1.7      BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:&#10;&#10;<a id="go.0.1.0"></a>1.8          Section 1. Minnesota Statutes 2004, section 241.01, subdivision 3a, is amended to read:&#10;1.9          Subd. 3a. <b>Commissioner, powers and duties.</b> The commissioner of corrections has &#10;1.10     the following powers and duties:&#10;1.11     (a) To accept persons committed to the commissioner by the courts of this state for &#10;1.12     care, custody, and rehabilitation.&#10;1.13     (b) To determine the place of confinement of committed persons in a correctional &#10;1.14     facility or other facility of the Department of Corrections and to prescribe reasonable &#10;1.15     conditions and rules for their employment, conduct, instruction, and discipline within or &#10;1.16     outside the facility. <ins>After August 1, 2007, the commissioner shall not allow inmates to be </ins>&#10;1.17     <ins>housed in facilities that are not owned and operated by the state, a local unit of government, </ins>&#10;1.18     <ins>or a group of local units of government. </ins>Inmates shall not exercise custodial functions or &#10;1.19     have authority over other inmates. Inmates may serve on the board of directors or hold an &#10;1.20     executive position subordinate to correctional staff in any corporation, private industry or &#10;1.21     educational program located on the grounds of, or conducted within, a state correctional &#10;1.22     facility with written permission from the chief executive officer of the facility.&#10;1.23     (c) To administer the money and property of the department.&#10;1.24     (d) To administer, maintain, and inspect all state correctional facilities.&#10;2.1      (e) To transfer authorized positions and personnel between state correctional &#10;2.2      facilities as necessary to properly staff facilities and programs.&#10;2.3      (f) To utilize state correctional facilities in the manner deemed to be most efficient &#10;2.4      and beneficial to accomplish the purposes of this section, but not to close the Minnesota &#10;2.5      Correctional Facility-Stillwater or the Minnesota Correctional Facility-St. Cloud without &#10;2.6      legislative approval. The commissioner may place juveniles and adults at the same &#10;2.7      state minimum security correctional facilities, if there is total separation of and no &#10;2.8      regular contact between juveniles and adults, except contact incidental to admission, &#10;2.9      classification, and mental and physical health care.&#10;2.10     (g) To organize the department and employ personnel the commissioner deems &#10;2.11     necessary to discharge the functions of the department, including a chief executive officer &#10;2.12     for each facility under the commissioner's control who shall serve in the unclassified civil &#10;2.13     service and may, under the provisions of section  43A.33, be removed only for cause. &#10;2.14     (h) To define the duties of these employees and to delegate to them any of the &#10;2.15     commissioner's powers, duties and responsibilities, subject to the commissioner's control &#10;2.16     and the conditions the commissioner prescribes.&#10;2.17     (i) To annually develop a comprehensive set of goals and objectives designed to &#10;2.18     clearly establish the priorities of the Department of Corrections. This report shall be &#10;2.19     submitted to the governor commencing January 1, 1976. The commissioner may establish &#10;2.20     ad hoc advisory committees.&#10;2.21     <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective the day following final enactment.</ins>&#10;&#10;<a id="go.0.2.0"></a>2.22         Sec. 2. <ins><b>[641.015] PLACEMENT IN PRIVATE PRISONS PROHIBITED.</b></ins>&#10;2.23         <ins>Subdivision 1.</ins> <ins><b>Placement prohibited.</b></ins> <ins>After August 1, 2007, a sheriff shall not </ins>&#10;2.24     <ins>allow inmates committed to the custody of the sheriff to be housed in facilities that are not </ins>&#10;2.25     <ins>owned and operated by a local unit of </ins><ins>government, or a group of local units of government.</ins>&#10;2.26         <ins>Subd. 2.</ins> <ins><b>Contracts prohibited.</b></ins> <ins>The county board may not authorize the sheriff to </ins>&#10;2.27     <ins>contract with privately owned and operated prisons for the care, custody, and rehabilitation </ins>&#10;2.28     <ins>of offenders committed to the custody of the sheriff.</ins>&#10;2.29     <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective the day following final enactment.</ins>&#10;&#10;<a id="go.0.3.0"></a>2.30         Sec. 3. <ins><b>PURCHASE OF PRAIRIE CORRECTIONAL FACILITY.</b></ins>&#10;2.31     <ins>The commissioner of administration, in consultation with the commissioner of </ins>&#10;2.32     <ins>corrections, shall enter into negotiations with Corrections Corporation of America for </ins>&#10;2.33     <ins>the purchase of the Prairie Correctional Facility located in Appleton, Minnesota. The </ins>&#10;3.1      <ins>governor shall include in his capital budget recommendations presented to the 2007 </ins>&#10;3.2      <ins>legislature a recommendation on whether to purchase the Prairie Correctional Facility </ins>&#10;3.3      <ins>and, if so, at what price.</ins>&#10;3.4      <ins><b>EFFECTIVE DATE.</b></ins><ins>This section is effective the day following final enactment.</ins>&#10;