Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                        CHAPTER 264--H.F.No. 582
           An act relating to corrections; clarifying the powers 
          of the commissioner of corrections; limiting certain 
          inmate functions; authorizing the use of necessary 
          force to prevent escape; providing for the costs of 
          transporting juvenile delinquents committed to the 
          commissioner of corrections; providing for supervision 
          of gross misdemeanant probations; removing archaic 
          language; amending Minnesota Statutes 1982, sections 
          241.01, subdivision 3a; 241.23; 242.31, subdivisions 1 
          and 3; 243.17, subdivision 1; 243.52; 243.58; 243.62; 
          609.135, subdivision 1; and 624.714, subdivision 13. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 241.01, 
subdivision 3a, is amended to read: 
    Subd. 3a.  [COMMISSIONER, POWERS AND DUTIES.] The 
commissioner of corrections shall have has the following powers 
and duties: 
    (a) To accept persons committed to him by the courts of 
this state for care, custody, and rehabilitation. 
    (b) To determine the place of confinement of committed 
persons in a correctional facility or other facility of the 
department of corrections and to prescribe reasonable conditions 
, and rules, and regulations for their employment, conduct, 
instruction, and discipline within or without outside the 
facility.  Inmates shall not exercise custodial functions or 
have authority over other inmates or.  Inmates may serve on the 
board of directors or hold any an executive position subordinate 
to correctional staff in any corporation, private industry or 
educational program located on the grounds of, or conducted 
within, a state correctional facility with written permission 
from the chief executive officer of the facility.  
    (c) To administer the money and property of the department. 
    (d) To administer, maintain, and inspect all state 
correctional facilities. 
    (e) To transfer authorized positions and personnel between 
state correctional facilities as necessary to properly staff 
facilities and programs. 
    (f) To utilize state correctional facilities in the manner 
he determines deemed to be most efficient and beneficial in the 
accomplishment of these to accomplish the purposes of this 
section, but not to close the Minnesota correctional 
facility-Stillwater or the Minnesota correctional facility-St. 
Cloud without legislative approval.  The commissioner may place 
juveniles and adults at the same state minimum security 
correctional facilities, if there is total separation of and no 
regular contact between juveniles and adults, except contact 
incidental to admission, classification, and mental and physical 
health care.  
    (g) To organize the department and employ personnel he 
deems necessary to discharge the functions of the department, 
including a chief executive officer for each facility under his 
control who shall serve in the unclassified civil service and 
may, under the provisions of section 43A.33, be removed only for 
cause, and two internal affairs officers for security who shall 
be in the unclassified civil service. 
    (h) To define the duties of these employees and to delegate 
to them any of his powers, duties and responsibilities, subject 
to his control and the conditions he prescribes. 
    (i) To annually develop a comprehensive set of goals and 
objectives designed to clearly establish the priorities of the 
department of corrections.  This report shall be submitted to 
the governor and the state legislature commencing January 1, 
1976.  The commissioner shall have the power to may establish ad 
hoc advisory committees. 
    Sec. 2.  Minnesota Statutes 1982, section 241.23, is 
amended to read: 
    241.23 [WARDEN CHIEF EXECUTIVE OFFICER TO MAKE SELECTION.] 
    When convicts may be required inmates are to be used in any 
work as provided for in authorized by sections 241.20 to 241.23, 
they shall be selected, with the approval of the commissioner of 
corrections, by the chief executive officer of the Minnesota 
correctional facility-Stillwater or the Minnesota correctional 
facility-St. Cloud any state adult correctional facility, in the 
following manner and order of preference: 
    (1) Suitable paroled convicts who are being detained 
awaiting private employment inmates of state adult minimum 
security facilities; 
    (2) Convicts Inmates who are not habitual offenders or 
guilty of heinous crimes and who, in the opinion of the chief 
executive officers of the facilities, are not incorrigible and 
who are physically capable and otherwise suitable for the 
character of the work provided for in sections 241.20 to 241.23. 
    Sec. 3.  Minnesota Statutes 1982, section 242.31, 
subdivision 1, is amended to read: 
    Subdivision 1.  Whenever a person who has been committed to 
the custody of the commissioner of corrections upon conviction 
of a crime following reference for prosecution under the 
provisions of section 260.125 is finally discharged from his 
control by order of the Minnesota corrections board 
commissioner, that discharge shall restore that the person to 
all civil rights and, if so ordered by the Minnesota corrections 
board commissioner of corrections, also shall have the effect of 
setting aside the conviction, nullifying the same and of purging 
that person thereof.  The Minnesota corrections board 
commissioner shall file a copy of the order with the district 
court of the county in which the conviction occurred, whereupon; 
upon receipt, the court shall order the conviction set aside. 
    Sec. 4.  Minnesota Statutes 1982, section 242.31, 
subdivision 3, is amended to read: 
    Subd. 3.  The Minnesota corrections board commissioner of 
corrections shall file a copy thereof of the order with the 
district court of the county in which the conviction occurred, 
whereupon; upon receipt, the court shall order the conviction 
set aside and all records pertinent to the conviction sealed.  
These records shall only be reopened in the case of a judicial 
criminal proceeding thereafter instituted at a later date. 
    The term "records" shall include includes, but is not 
limited to, all matters, files, documents and papers incident to 
the arrest, indictment, information, complaint, trial, appeal, 
dismissal and discharge, which relate to the conviction for 
which the order was issued. 
    Sec. 5.  Minnesota Statutes 1982, section 243.17, 
subdivision 1, is amended to read: 
    Subdivision 1.  [ALLOWED EXPENSES.] The necessary expenses 
of sheriffs and other peace officers incurred in conveying 
convicts convicted persons and children adjudicated delinquent 
and committed to the custody of the commissioner of corrections 
to the Minnesota correctional facility-Stillwater or the 
Minnesota correctional facility-St. Cloud the appropriate adult 
or juvenile correctional facility as designated by the 
commissioner of corrections, including per diem and expenses of 
guards, shall be approved allowed by the commissioner of finance 
and paid out of the state treasury.  The commissioner of finance 
may allow for such expenses and pay for the necessary expenses 
incurred by the sheriff or, deputy, or other peace officer in 
going to and returning from the Minnesota correctional 
facility-Stillwater or the Minnesota correctional facility-St. 
Cloud correctional facility and $10 per day for each guard, and 
such sum as is necessary for railroad fare and actual traveling 
expenses.  Not more than one guard shall be allowed for one 
prisoner, but one additional guard shall be allowed for every 
two additional prisoners.  In any county wherein the sheriff is 
paid upon a fee basis, he shall also receive $10 for each day 
necessarily spent in conveying prisoners to the Minnesota 
correctional facility-Stillwater or the Minnesota correctional 
facility-St. Cloud.  All bills shall be rendered in writing, 
fully itemized, verified, and accompanied by the receipt of the 
chief executive officer of the Minnesota correctional 
facility-Stillwater or the Minnesota correctional facility-St. 
Cloud facility for the delivery of such convict or convicts the 
convicted or adjudicated persons, in a form prescribed by the 
commissioner of finance. 
    Sec. 6.  Minnesota Statutes 1982, section 243.52, is 
amended to read: 
    243.52 [DISCIPLINE; PREVENTION OF ESCAPE.] 
    If any convict shall offer violence to inmate of any state 
adult correctional facility assaults any officer, guard, or any 
other person or convict inmate, he the assaulted person may 
defend himself in any manner and by any means which may appear 
to be necessary under the circumstances by the use of force.  If 
any such convict shall attempt inmate attempts to injure damage 
the buildings or appurtenances, or to resist resists the lawful 
authority of any officer or guard, or shall refuse refuses to 
obey his reasonable demands, such or attempts to escape, the 
officer or guard may enforce obedience and discipline in such 
manner as may appear necessary; and, or prevent escape by the 
use of force.  If in so doing, any convict so inmate resisting 
lawful authority shall be necessarily is wounded or killed by 
such the use of force by the officer, guard, or assistants, he 
shall be held justified that conduct is authorized under this 
section. 
     As used in this section, "use of force" means conduct which 
is authorized by sections 609.06 to 609.066.  An officer or 
guard may use force in the same manner as authorized for peace 
officers under sections 609.06 to 609.066.  
    Sec. 7.  Minnesota Statutes 1982, section 243.58, is 
amended to read: 
    243.58 [REWARD FOR ESCAPED INMATE ESCAPED INMATES; WARRANT; 
REWARD.] 
    Upon the escape of If an inmate escapes from any state 
correctional facility under the control of the commissioner of 
corrections, the commissioner shall issue a warrant directed to 
any peace officer requiring that the fugitive be taken into 
immediate custody and returned to any state correctional 
facility designated by the commissioner.  The chief executive 
officer of the facility from which the escape occurred shall use 
all proper means to apprehend and return the escapee, which may 
include the offer of a reward of not more than $100 to be paid 
from the state treasury, for information leading to the arrest 
and return to custody of the escapee.  
    Sec. 8.  Minnesota Statutes 1982, section 243.62, is 
amended to read: 
    243.62 [SELLING OF LABOR OF CONVICTS INMATES PROHIBITED.] 
    It shall be is unlawful for the commissioner of 
corrections, or the chief executive officer of the Minnesota 
correctional facility-Stillwater of any state adult correctional 
facility, or any person exercising control of or supervision 
over any convict inmate sentenced to and confined in the 
facility to enter into any contract or agreement, or any 
arrangement, whereby in which the labor or service of the 
convict inmate is either sold or leased or otherwise disposed of 
for hire to any person or to any party.  
    Sec. 9.  Minnesota Statutes 1982, section 609.135, 
subdivision 1, is amended to read: 
    Subdivision 1.  Except when a sentence of life imprisonment 
is required by law, or when a mandatory minimum term of 
imprisonment is required by section 609.11, any court may stay 
imposition or execution of sentence and place the defendant on 
probation with or without supervision and on the terms the court 
prescribes, including restitution when practicable.  The court 
may order the supervision to be under the probation officer of 
the court, or, if there is none and the conviction is for a 
felony or gross misdemeanor, by the commissioner of corrections, 
or in any case by some other suitable and consenting person.  
    A court may not stay the revocation of the driver's license 
of a person convicted of violating the provisions of section 
169.121. 
    Sec. 10.  Minnesota Statutes 1982, section 624.714, 
subdivision 13, is amended to read: 
    Subd. 13.  [EXEMPTIONS, PRISON GUARDS; ADULT CORRECTIONAL 
FACILITY OFFICERS.] A permit to carry a pistol is not required 
of a guard at any officer of a state adult correctional 
institution facility when on guard duty or otherwise engaged in 
an assigned duty. 
    Sec. 11.  [EFFECTIVE DATE.] 
    Sections 1 to 10 are effective the day following final 
enactment. 
    Approved June 6, 1983