Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                        CHAPTER 274--S.F.No. 412
           An act relating to corrections; providing for the 
          supervision and control of parolees and persons on 
          supervised release by the commissioner of corrections; 
          removing the limitation on contracts for temporary 
          detention of pre-trial detainees; transferring 
          functions and powers of the corrections board to the 
          commissioner of corrections; providing for 
          reimbursement of foster care costs for delinquent 
          juveniles; adjusting the duration of certain 
          sentences; defining second or subsequent violation or 
          offense; providing for administration of Ramsey county 
          corrections services; amending Minnesota Statutes 
          1982, sections 241.26, subdivisions 1, 3, and 4; 
          243.05; 243.51, subdivision 3; 244.04, subdivision 1; 
          244.05; 244.06; 244.065; 244.09, subdivision 11; 
          260.251, subdivision 1a; 383A.28, subdivision 2; 
          609.02, by adding a subdivision; 609.11, subdivision 
          6; Laws 1923, chapter 289, sections 1, as amended; and 
          2, as amended; proposing new law coded in chapter 
          383A; repealing Minnesota Statutes 1982, sections 
          241.045; 243.07; 243.09; 243.10; 243.12; and 243.14. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 241.26, 
subdivision 1, is amended to read: 
    Subdivision 1.  [BOARD COMMISSIONER.] When consistent with 
the public interest and the public safety, the board may, with 
the recommendation of the commissioner, of corrections may 
conditionally release an inmate who is eligible and being 
considered for parole under section 243.05, to work at paid 
employment, seek employment, or participate in a vocational 
training or educational program.  Release under this subdivision 
constitutes an extension of the limits of confinement and each 
inmate so released shall be confined in the institution from 
which released or in some other suitable place of confinement 
designated by the commissioner of corrections during the hours 
he is not employed, seeking employment, or engaged in a 
vocational training or educational program, or, if employed, 
seeking employment, or engaged in a vocational training or 
educational program, between the hours of such activity.  A 
reasonable allowance for travel time and meals shall be 
permitted. 
     Sec. 2.  Minnesota Statutes 1982, section 241.26, 
subdivision 3, is amended to read: 
    Subd. 3.  [RULES.] The commissioner of corrections shall, 
upon consultation with the corrections board, establish rules 
for the placement and supervision of such inmates and for the 
administration of the programs authorized by this section.  When 
consistent with the public interest the corrections board 
commissioner may grant furloughs not to exceed 10 days duration 
to those persons subject to their control who participate in 
such conditional release programs inmates participating in the 
programs authorized by this section who have spent at least 30 
days in a residential work release center operated by or under 
the control of the commissioner for a period of time not to 
exceed their supervised release date. 
    Sec. 3.  Minnesota Statutes 1982, section 241.26, 
subdivision 4, is amended to read: 
    Subd. 4.  [REVOCATION.] The willful failure of an inmate to 
report to or return from planned employment, the seeking of 
employment, educational or vocational training, or furlough as 
provided in subdivision 3 shall be considered an escape under 
section 609.485.  If an inmate violates any of the rules as 
provided for in subdivision 3, his work placement, educational, 
or vocational training privileges may be withdrawn by the board 
granting such conditional release commissioner. 
     Sec. 4.  Minnesota Statutes 1982, section 243.05, is 
amended to read: 
    243.05 [BOARD COMMISSIONER OF CORRECTIONS; POWERS, 
LIMITATIONS.] 
    Subdivision 1.  [CONDITIONAL RELEASE.] The corrections 
board commissioner of corrections may parole any person 
sentenced to confinement in any state correctional facility for 
adults under the control of the commissioner of corrections, 
provided that:  
    (a) no inmate serving a life sentence for murder other than 
murder committed in violation of clause (1) of section 609.185 
who has not been previously convicted of a felony shall be 
paroled until he has served 20 years, less the diminution which 
he would have been allowed for good conduct had his sentence 
been for 20 years; 
    (b) no inmate serving a life sentence for murder who has 
been previously convicted of a felony or though not previously 
convicted of a felony is serving a life sentence for murder in 
the first degree committed in violation of clause (1) of section 
609.185 shall be paroled until he has served 25 years, less the 
diminution which would have been allowed for good conduct had 
his sentence been for 25 years; 
    (c) any inmate sentenced prior to September 1, 1963 who 
would be eligible for parole had he been sentenced after 
September 1, 1963, shall be eligible for parole; and 
    (d) in all cases where an inmate is serving a life sentence 
for murder, unanimous consent of the corrections board is 
required for parole of the inmate.  any new rule or policy or 
change thereof of rule or policy adopted by the board 
commissioner of corrections which has the effect of postponing 
eligibility for parole has prospective effect only and applies 
only with respect to persons committing offenses after the 
effective date of the new rule or policy or change thereof.  
Upon being paroled and released, an inmate is and remains in the 
legal custody and under the control of the corrections board 
commissioner, subject at any time to be returned to a facility 
of the department of corrections established by law for the 
confinement or treatment of convicted persons and the parole 
rescinded by the board, when the legal custody of the convicted 
person reverts to the commissioner of corrections commissioner.  
The written order of the corrections board, certified by the 
chairman of the board commissioner of corrections, shall be is 
sufficient to authority for any peace officer or state parole 
and probation agent to retake and place in actual custody any 
person on parole to the corrections board or supervised release, 
but any state parole and probation agent may, without order of 
warrant, when it appears necessary in order to prevent escape or 
enforce discipline, take and detain a parolee or person on 
supervised release or work release to the corrections board 
commissioner for its his action.  The written order of the 
commissioner of corrections is sufficient to authority for any 
peace officer or state parole and probation agent to retake and 
place in actual custody any person on probation under the 
supervision of the commissioner pursuant to section 609.135, but 
any state parole and probation agent may, without an order, when 
it appears necessary in order to prevent escape or enforce 
discipline, retake and detain a probationer and bring the 
probationer before the court for further proceedings under 
section 609.14.  Paroled Persons conditionally released, and 
those on probation under the supervision of the commissioner of 
corrections pursuant to section 609.135 may be placed within or 
without outside the boundaries of the state at the discretion of 
the board or of the commissioner of corrections or the court, 
and the limits fixed for these persons may be enlarged or 
reduced according to their conduct. 
    In considering applications for parole conditional release 
or final release discharge, the board commissioner is not 
required to hear oral argument from any attorney or other person 
not connected with an adult correctional facility of the 
department of corrections in favor of or against the parole or 
release of any inmates, but it the commissioner may institute 
inquiries by correspondence, taking testimony or otherwise, as 
to the previous history, physical or mental condition, and 
character of the inmate, and to that end shall have authority to 
require the attendance of the chief executive officer of any 
state adult correctional facility and the production of the 
records of these facilities, and to compel the attendance of 
witnesses.  Each member of the board The commissioner is 
authorized to administer oaths to witnesses for these purposes.  
    Subd. 2.  [RULES.] The commissioner of corrections may 
adopt rules in accordance with chapter 14, the Administrative 
Procedure Act, governing the procedures for granting of 
conditional release and final discharge.  The rules may provide 
for the conduct and employment of persons conditionally 
released, and other matters necessary to implement the duties 
conferred by law upon the commissioner with respect to 
conditional release and discharge of persons.  For purposes of 
this subdivision, "conditional release" means a person on 
parole, work release, or supervised release. 
     Subd. 3.  [DUTY OF COMMISSIONER; FINAL DISCHARGE.] It is 
the duty of the commissioner of corrections to keep in 
communication, as far as possible, with all persons who are on 
parole and with their employers.  The commissioner may grant a 
person on parole a final discharge from any sentence when: 
     (a) the person on parole has complied with the conditions 
of parole for a period of time sufficient to satisfy the 
commissioner that he or she is reliable and trustworthy; 
     (b) the commissioner is satisfied the person on parole will 
remain at liberty without violating the law; and 
     (c) final discharge is not incompatible with the welfare of 
society.  
    Upon the granting of a final discharge, the commissioner 
shall issue a certificate of final discharge to the person 
discharged and also cause a record of the acts of the inmate to 
be made.  The record shall show the date of the inmate's 
confinement, the inmates's record while in prison, the date of 
his parole, the inmate's record while on parole, reasons 
underlying the decision for final discharge, and other facts 
which the commissioner regards as appropriate.  Nothing in 
sections 243.05 or 244.05 shall be construed as impairing the 
power of the board of pardons to grant a pardon or commutation 
in any case.  
    Subd. 4.  [HEARING OFFICERS; POWERS; DUTIES.] To carry out 
the powers and duties conferred upon him by this section, the 
commissioner of corrections may designate from among the members 
of his staff, one or more hearing officers and delegate to them 
any of the powers and duties conferred by this section.  In the 
exercise of their delegated powers and duties the hearing 
officers shall be subject to the rules prescribed by the 
commissioner of corrections.  
    Subd. 5.  [DEPUTIZATION OF OUT-OF-STATE AGENTS.] The 
commissioner of corrections may deputize any person regularly 
employed by another state to act as an officer and agent of this 
state in effecting the return of any person who has violated the 
terms and conditions of parole or probation as granted by this 
state.  In any matter relating to the return of that person, any 
agent so deputized has all the powers of a police officer of 
this state.  Any deputization pursuant to this subdivision shall 
be in writing and carried by the agent as formal evidence of his 
deputization and must be produced upon demand.  Subject to the 
approval of the commissioner of finance, the commissioner of 
corrections may enter into contracts with similar officials of 
any other state for the purpose of sharing an equitable portion 
of the cost of effecting the return of any person who has 
violated the terms and conditions of release or probation as 
granted by this state.  
     Subd. 6.  [SUPERVISION BY COMMISSIONER OF CORRECTIONS; 
AGENTS.] (a) The commissioner of corrections, as far as 
possible, shall exercise supervision over persons released on 
parole or probation pursuant to this section and section 242.19. 
     (b) The commissioner of corrections shall exercise 
supervision over probationers as provided in section 609.135, 
and over persons conditionally released pursuant to section 
241.26. 
    (c) For the purposes of clauses (a) and (b), and sections 
609.115 and 609.135, subdivision 1, the commissioner shall 
appoint state agents who shall be in the classified service of 
the state civil service.  He may also appoint suitable persons 
in any part of the state or enter into agreements with 
individuals and public or private agencies, for the same 
purposes, and pay the costs incurred under the agreements. 
Parole agents shall reside in the various districts of the state 
in which they are employed.  Each agent or person shall perform 
the duties the commissioner may prescribe in behalf of or in the 
supervision of those persons described in clause (b).  In 
addition, each agent or person shall act under the orders of the 
commissioner in the supervision of those persons conditionally 
released as provided in clause (a).  Agents shall provide 
assistance to conditionally released persons in obtaining 
employment, and shall conduct relevant investigations and 
studies of persons under supervision upon the request of the 
commissioner.  Regional supervisors may also supervise state 
parole agents as directed by the commissioner of corrections. 
This duty shall not interfere with the supervisor's 
responsibility under the County Probation Act, Laws 1959, 
chapter 698.  
    Sec. 5.  Minnesota Statutes 1982, section 243.51, 
subdivision 3, is amended to read: 
    Subd. 3.  [TEMPORARY DETENTION.] The commissioner of 
corrections is authorized to contract with the United States 
attorney general and with the appropriate officials of any 
county of this state for the temporary detention of any person 
in custody pursuant to any process issued under the authority of 
the United States or the district courts of this state.  The 
contract shall provide for reimbursement to the state of 
Minnesota for all costs and expenses involved.  Money received 
under contracts shall be deposited in the state treasury to the 
credit of the facility in which the persons may be confined. 
This subdivision is effective to June 30, 1983.  
    Sec. 6.  Minnesota Statutes 1982, section 244.04, 
subdivision 1, is amended to read: 
    Subdivision 1.  [REDUCTION OF SENTENCE.] Notwithstanding 
the provisions of section 609.11, subdivision 6, and section 
609.346, subdivision 1, An inmate's the term of imprisonment of 
any inmate sentenced to a presumptive fixed sentence after May 
1, 1980, shall be reduced in duration by one day for each two 
days during which the inmate violates none of the disciplinary 
offense rules promulgated by the commissioner.  The reduction 
shall accrue to the period of supervised release to be served by 
the inmate. 
    If an inmate violates a disciplinary offense rule 
promulgated by the commissioner, good time earned prior to the 
violation may not be taken away, but the inmate may be required 
to serve an appropriate portion of his term of imprisonment 
after the violation without earning good time. 
    Sec. 7.  Minnesota Statutes 1982, section 244.05, is 
amended to read:  
    244.05 [SUPERVISED RELEASE TERM.] 
    Subdivision 1.  [SUPERVISED RELEASE REQUIRED.] Except as 
provided in subdivisions 4 and 5, every inmate shall serve a 
supervised release term upon completion of his term of 
imprisonment as reduced by any good time earned by the inmate.  
The supervised release term shall be equal to the period of good 
time the inmate has earned, and shall not exceed the length of 
time remaining in the inmate's sentence. 
    Subd. 2.  [RULES.] The Minnesota corrections board 
commissioner of corrections shall promulgate rules for the 
placement and supervision of inmates serving a supervised 
release term.  The rules shall also provide standards and 
procedures for the revocation of supervised release, and shall 
specify the period of revocation for each violation of 
supervised release. Procedures for the revocation of supervised 
release shall provide due process of law for the inmate. 
    Subd. 3.  [SANCTIONS FOR VIOLATION.] If an inmate violates 
the conditions of his supervised release imposed by the 
Minnesota corrections board commissioner, the board commissioner 
may: 
    (1) continue the inmate's supervised release term, with or 
without modifying or enlarging the conditions imposed on the 
inmate; or 
    (2) revoke the inmate's supervised release and reimprison 
him for the appropriate period of time. 
    The period of time for which a supervised release may be 
revoked may not exceed the period of time remaining in the 
inmate's sentence. 
    Subd. 4.  [MINIMUM IMPRISONMENT, LIFE SENTENCE.] An inmate 
serving a mandatory life sentence shall not be given supervised 
release under this section unless he has served a minimum term 
of imprisonment of 17 years. 
    Subd. 5.  [SUPERVISED RELEASE, LIFE SENTENCE.] The 
Minnesota corrections board commissioner of corrections may, 
under rules promulgated by it him, give supervised release to an 
inmate serving a mandatory life sentence after he has served the 
minimum term of imprisonment specified in subdivision 4. 
    Sec. 8.  Minnesota Statutes 1982, section 244.06, is 
amended to read: 
    244.06 [EXTRAORDINARY DISCHARGE.] 
    The Minnesota corrections board commissioner of corrections 
may give extraordinary discharge to an inmate for reasons of 
serious health problems, senility, advanced age or other 
extraordinary circumstances.  The board commissioner shall 
promulgate rules specifying the circumstances under which 
extraordinary discharge may be approved by the board and the 
appropriate procedures for approving the same.  No extraordinary 
discharge shall be effective unless also approved by the 
Minnesota board of pardons. 
    Sec. 9.  Minnesota Statutes 1982, section 244.065, is 
amended to read: 
    244.065 [PRIVATE EMPLOYMENT OF INMATES OF STATE 
CORRECTIONAL INSTITUTIONS IN COMMUNITY.] 
    When consistent with the public interest and the public 
safety, the Minnesota corrections board commissioner of 
corrections may, with the recommendation of the commissioner, 
conditionally release an inmate to work at paid employment, seek 
employment, or participate in a vocational training or 
educational program, as provided in section 241.26, if the 
inmate has served at least one half of his term of imprisonment 
as reduced by good time earned by the inmate.  
    Sec. 10.  Minnesota Statutes 1982, section 244.09, 
subdivision 11, is amended to read: 
    Subd. 11.  [MODIFICATION; RETROACTIVE EFFECT.] The 
commission shall meet as necessary for the purpose of modifying 
and improving the guidelines.  Any modification of the 
guidelines that causes a duration change shall be retroactive 
for all inmates serving sentences imposed pursuant to the 
Minnesota sentencing guidelines if the durational change reduces 
the appropriate term of imprisonment.  
    Sec. 11.  Minnesota Statutes 1982, section 260.251, 
subdivision 1a, is amended to read: 
    Subd. 1a.  [COST OF GROUP FOSTER CARE.] Whenever a child is 
placed in a group foster care facility as provided in section 
260.185, subdivision 1, clause (b) or clause (c), item (5) or in 
section 260.194, subdivision 1, clause (b) or clause (c), the 
cost of providing the care shall, upon certification by the 
juvenile court, be paid from the welfare fund of the county in 
which the proceedings were held.  To reimburse the counties for 
the costs of providing group foster care for delinquent children 
and to promote the establishment of suitable group foster homes, 
the state shall quarterly, from funds appropriated for that 
purpose, reimburse counties 50 percent of the costs not paid by 
federal and other available state aids and grants.  
Reimbursement shall be prorated if the appropriation is 
insufficient. 
    The commissioner of corrections shall establish procedures 
for reimbursement and certify to the commissioner of finance 
each county entitled to receive state aid under the provisions 
of this subdivision.  Upon receipt of a certificate the 
commissioner of finance shall issue a state warrant to the 
county treasurer for the amount due, together with a copy of the 
certificate prepared by the commissioner of corrections. 
    Sec. 12.  Minnesota Statutes 1982, section 383A.28, 
subdivision 2, is amended to read: 
    Subd. 2.  [NUMBER AND COMPENSATION OF EMPLOYEES.] Subject 
to the Ramsey county civil service laws, the Ramsey county board 
of commissioners shall determine the number of employees and 
their compensation in each office or department in the county 
government except the abstract clerk, district court reporters, 
county home school employees, the examiner of title and his 
deputies, the public defender and his assistants, the director 
of court services and his principal assistants, welfare 
department employees and officers and employees of an agency 
supported by money provided by Ramsey county and by the city of 
Saint Paul. 
    Sec. 13.  [383A.405] [CORRECTIONS.] 
    Subdivision 1.  [DIRECTOR OF COMMUNITY CORRECTIONS.] The 
management and control of the operations of any correctional, 
juvenile detention, or home school facility within Ramsey county 
shall be the responsibility of the director of the department of 
community corrections.  All of the employees of these 
correctional facilities except the superintendent and the first 
assistant or chief deputy of the facility shall be in the 
classified service of the county civil service and subject to 
section 383A.29.  
    Subd. 2.  [HOME SCHOOL SUPERINTENDENT.] Notwithstanding 
section 260.094, or other law, in Ramsey county, the 
superintendent or matron and the assistant superintendent or 
matron of any county home school shall be appointed and removed 
by the director of the county community corrections department. 
The county board of commissioners shall set all salaries of 
employees at the school subject to section 383A.29.  
    Subd. 3.  [DETENTION HOME STAFF.] Notwithstanding section 
260.101, or other law, in Ramsey county, staff for detention 
homes shall be appointed and removed by the director of the 
community corrections department.  Salaries for all employees 
shall be set by the county board of commissioners subject to 
section 383A.29.  
    Sec. 14.  Minnesota Statutes 1982, section 609.02, is 
amended by adding a subdivision to read: 
    Subd. 11.  [SECOND OR SUBSEQUENT VIOLATION OR OFFENSE.] 
"Second or subsequent violation" or "second or subsequent 
offense" means that prior to the commission of the violation or 
offense, the actor has been adjudicated guilty of a specified 
similar violation or offense.  
     Sec. 15.  Minnesota Statutes 1982, section 609.11, 
subdivision 6, is amended to read: 
    Subd. 6.  [NO EARLY RELEASE.] Any defendant convicted and 
sentenced as required by this section shall not be is not 
eligible for probation, parole, discharge, or supervised release 
until that person shall have has served the full mandatory 
minimum term of imprisonment as provided by law, notwithstanding 
the provisions of sections 242.19, 243.05, 244.04, 609.12 and 
609.135.  
    Sec. 16.  Laws 1923, chapter 289, section 1, as amended by 
Laws 1949, chapter 61, section 1, Laws 1965, chapter 469, 
section 1, and Laws 1974, chapter 322, section 11, is amended to 
read: 
    [383A.404] Section 1.  [COURT SERVICES DEPARTMENT, SECOND 
JUDICIAL DISTRICT COMMUNITY CORRECTIONS DEPARTMENT.] 
    [Subdivision 1.] [ESTABLISHMENT.] There is established, in 
the second judicial district Ramsey county, a court services 
community corrections department in connection with the courts 
of Ramsey county the second judicial district.  The department 
is in the charge of a director of court services who shall be 
appointed by and serve at the pleasure of a corrections 
management committee comprised of three judges of the second 
judicial district appointed by the chief judge of the district 
and three members of the board of county commissioners appointed 
by the chairman of the board.  The district judges shall appoint 
the director who shall serve for four years unless sooner 
removed for cause by the judges.  The director shall supervise 
and administer services of the department to any courts of 
Ramsey county, establish necessary policy, and may divide the 
duties of the department into branches or divisions and appoint 
from department personnel, the heads of the branches or 
divisions, all with the approval of the district judges.  The 
director shall have full authority and responsibility for the 
administration, operation, and supervision of all functions and 
services of the department, and shall carry out that authority 
and responsibility within the organizational structure and 
reporting relationship that is in accord with county board and 
judicial district administrative policies.  Salary of the 
director shall be set by the county board of commissioners upon 
recommendation of the corrections management committee.  
    Sec. 17.  Laws 1923, chapter 289, section 2, as amended by 
Laws 1965, chapter 469, section 2, and Laws 1974, chapter 322, 
section 12, is amended to read: 
    [383A.404] [Subd. 2.] Sec. 2.  [OFFICERS, EMPLOYEES.] The 
director may appoint, as the judges may approve, three principal 
assistants or division supervisors employ an assistant director, 
a superintendent, and assistant superintendent for each 
correctional facility in the county, and three principal 
assistants or division supervisors, all of whom shall serve at 
the pleasure of the director in the unclassified service.  The 
director shall define the duties of these employees and may 
delegate powers, duties and responsibilities to them.  Any 
officer or employee of the department shall exercise delegated 
powers under the control of and subject to conditions prescribed 
by the director.  The salaries shall be set by the Ramsey county 
board of commissioners. 
    Sec. 18.  [DIRECTION TO REVISOR.] 
    In the next and subsequent editions of Minnesota Statutes, 
the revisor of statutes shall substitute the terms "commissioner 
of corrections" or "commissioner" for the terms "Minnesota 
corrections board," "board of corrections," "corrections board," 
or "board" as appropriate wherever that term appears.  
    Sec. 19.  [REPEALER.] 
    Minnesota Statutes 1982, sections 241.045; 243.07; 243.09; 
243.10; 243.12; and 243.14 are repealed.  
    Sec. 20.  [EFFECTIVE DATE; LOCAL APPROVAL.] 
    Sections 1 to 11, 14, 15, 18, and 19 are effective the day 
after final enactment.  Sections 12, 13, 16, and 17 are 
effective the day after compliance with section 645.021, 
subdivision 3, by the Ramsey county board of commissioners. 
    Approved June 6, 1983