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Minnesota Legislature

Office of the Revisor of Statutes

SF 2709

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 05/06/2010 04:48pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 2nd Engrossment

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A bill for an act
relating to corrections; authorizing agreements to house offenders from other
states in county and regional detention facilities; modifying inmate payment
of room and board to include any time credited for time served; amending
Minnesota Statutes 2008, section 641.12, subdivision 3; proposing coding for
new law in Minnesota Statutes, chapter 641.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [641.035] OUT-OF-STATE PRISONERS.
new text end

new text begin (a) A county or regional jail board may authorize the sheriff or regional jail
superintendent to enter into agreements to house offenders from other states.
new text end

new text begin (b) The extradition requirements of chapter 629 do not apply to offenders accepted
from another state under this section. The sheriff or regional jail superintendent
responsible for housing an out-of-state offender has the express authority to return the
offender to the offender's state of origin upon request from the appropriate authority
in the offender's state of origin.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2008, section 641.12, subdivision 3, is amended to read:


Subd. 3.

Inmate payment of room and board.

(a) A county board may require that
deleted text begin an offenderdeleted text end new text begina person new text endconvicted of a crime and confined in the county jail, workhouse, or
correctional or work farm pay the cost of the deleted text beginoffender'sdeleted text end new text beginperson's new text endroom, board, clothing,
medical, dental, and other correctional services. The board shall establish a schedule to
charge deleted text beginoffendersdeleted text end new text beginpersons new text endunder this subdivision. new text beginThe charges may be assessed for any
time for which the person receives credit for time served against the sentence imposed
as a result of the conviction.
new text endThe costs may be collected at any time while the deleted text beginoffenderdeleted text end
new text begin person new text endis under sentence or after the sentence has been discharged. During the period of
confinement, the costs may be deducted from any money possessed by the deleted text beginoffenderdeleted text end new text beginperson
new text endor any money deposited with the local correctional or law enforcement agency on the
deleted text begin offender'sdeleted text end new text beginperson's new text endbehalf. The board, or local correctional agency or sheriff with authority
over the jail, workhouse, or farm, may use any available civil means of debt collection
in collecting costs under this subdivision.

(b) The chief executive officer of the local correctional agency or sheriff deleted text beginmaydeleted text endnew text begin shallnew text end
waive payment of the costs under this subdivision if the officer or sheriff determines that
the deleted text beginoffenderdeleted text end new text beginperson new text enddoes not have the ability to pay the costs, payment of the costs would
create undue hardship for the deleted text beginoffenderdeleted text end new text beginperson new text endor the deleted text beginoffender'sdeleted text end new text beginperson's new text endimmediate family,
the prospects for payment are poor, or there are extenuating circumstances justifying
waiver of the costs.

(c) If deleted text beginan offenderdeleted text end new text begina person new text endhas been ordered by a court to pay restitution, the deleted text beginoffenderdeleted text end
new text begin person new text endshall be obligated to pay the restitution ordered before paying the costs under this
subdivision. However, if the deleted text beginoffenderdeleted text end new text beginperson new text endis making reasonable payments to satisfy
the restitution obligation, the local correctional agency or sheriff may also collect costs
under this section.