Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 252-H.F.No. 375 
           An act relating to corrections; clarifying the 
          authority of the commissioner of corrections in 
          licensing and supervising institutions and facilities; 
          providing for restitution by inmates for destruction 
          of state property; clarifying terminology; authorizing 
          the commissioner to adopt rules relating to payment of 
          restitution by inmates; authorizing the forfeiture of 
          contraband money or property; clarifying provisions 
          relating to county probation reimbursement; providing 
          a penalty for assaults on correctional employees; 
          amending Minnesota Statutes 1986, sections 241.021, 
          subdivision 1; 241.08, subdivision 1; 241.26, 
          subdivision 5; 241.69, subdivision 2; 243.23, 
          subdivision 3; 243.24, subdivision 1, and by adding a 
          subdivision; 260.311, subdivision 4; 609.2231, by 
          adding a subdivision; and 641.264, subdivision 2. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 241.021, 
subdivision 1, is amended to read: 
    Subdivision 1.  [SUPERVISION OVER CORRECTIONAL 
INSTITUTIONS.] (1) The commissioner of corrections shall inspect 
and license all correctional facilities throughout the state, 
whether public or private, established and operated for the 
detention and confinement of persons detained or confined 
therein according to law except to the extent that they are 
inspected or licensed by other state regulating agencies.  The 
commissioner shall promulgate pursuant to chapter 14, rules 
establishing minimum standards for these facilities with respect 
to their management, operation, physical condition, and the 
security, safety, health, treatment and discipline of persons 
detained or confined therein.  Commencing September 1, 1980, no 
individual, corporation, partnership, voluntary association or 
other private organization legally responsible for the operation 
of a correctional facility may operate the facility unless 
licensed by the commissioner of corrections.  The commissioner 
shall annually review the correctional facilities described in 
this subdivision, except as otherwise provided herein, to 
determine compliance with the minimum standards established 
pursuant to this subdivision.  The commissioner shall grant a 
license to any facility found to conform to minimum standards or 
to any facility which, in the commissioner's judgment, is making 
satisfactory progress toward substantial conformity and the 
interests and well-being of the persons detained or confined 
therein are protected.  The commissioner shall have access to 
the buildings, grounds, books, records, staff and to persons 
detained or confined in these facilities.  The commissioner may 
require the officers in charge of these facilities to furnish 
all information and statistics the commissioner deems necessary, 
upon forms furnished by the commissioner at a time and place 
designated by the commissioner. 
    (2) Any state agency which regulates, inspects, or licenses 
certain aspects of correctional facilities shall, insofar as is 
possible, ensure that the minimum standards it requires are 
substantially the same as those required by other state agencies 
which regulate, inspect, or license the same aspects of similar 
types of correctional facilities, although at different 
correctional facilities. 
             (3) Nothing in this section shall be construed to limit 
the commissioner of corrections' authority to promulgate rules 
establishing standards of eligibility for counties to receive 
funds under sections 401.01 to 401.16, or to require counties to 
comply with operating standards the commissioner establishes as 
a condition precedent for counties to receive that funding. 
             (4) When the commissioner finds that any facility 
described in clause (1), except foster care facilities for 
delinquent children and youth as provided in subdivision 2, does 
not substantially conform to the minimum standards established 
by the commissioner and is not making satisfactory progress 
toward substantial conformance, the commissioner shall promptly 
notify the chief executive officer and the governing board of 
the facility of the deficiencies and order that they be remedied 
within a reasonable period of time.  The commissioner may by 
written order restrict the use of any facility which does not 
substantially conform to minimum standards to prohibit the 
detention of any person therein for more than 72 hours at one 
time.  When, after due notice and hearing, the commissioner 
finds that any facility described in this subdivision, except 
county jails and lockups as provided in sections 641.26, 642.10, 
and 642.11, does not conform to minimum standards, or is not 
making satisfactory progress toward substantial compliance 
therewith, the commissioner may issue an order revoking the 
license of that facility.  After revocation of its license, that 
facility shall not be used until its license is renewed.  When 
the commissioner is satisfied that satisfactory progress towards 
substantial compliance with minimum standard is being made, the 
commissioner may, at the request of the appropriate officials of 
the affected facility supported by a written schedule for 
compliance, grant an extension of time for a period not to 
exceed one year. 
    (5) As used in this subdivision, "correctional facility" 
means any facility, including a group home, having a residential 
component, the primary purpose of which is to serve persons 
placed therein by a court, court services department, parole 
authority, or other correctional agency having dispositional 
power over persons charged with, convicted or adjudicated to be 
guilty or delinquent. 
     Sec. 2.  Minnesota Statutes 1986, section 241.08, 
subdivision 1, is amended to read: 
    Subdivision 1.  The chief executive officer of each 
institution under the jurisdiction of the commissioner of 
corrections shall have the care and custody of all money 
belonging to inmates thereof which may come into the chief 
executive officer's hands, keep accurate accounts thereof, and 
pay them out under rules prescribed by law under section 243.23, 
subdivision 3, or by the commissioner of corrections, taking 
vouchers therefor.  The chief executive officer shall give such 
additional bond as the commissioner may require, conditioned to 
safely keep and account for such funds.  All such money received 
by any officer or employee shall be paid to the chief executive 
officer forthwith.  Every such executive officer, at the close 
of each month, or oftener if required by the commissioner, shall 
forward to the commissioner a statement of the amount of all 
money so received and the names of the inmates from whom 
received, accompanied by a check for the amount, payable to the 
state treasurer.  On receipt of such statement, the commissioner 
shall transmit the same to the commissioner of finance, together 
with such check, who shall deliver the same to the state 
treasurer.  Upon the payment of such check, the amount shall be 
credited to a fund to be known as "Correctional Inmates Fund," 
for the institution from which the same was received.  All such 
funds shall be paid out by the state treasurer upon vouchers 
duly approved by the commissioner of corrections as in other 
cases.  The commissioner may permit a contingent fund to remain 
in the hands of the executive officer of any such institution 
from which necessary expenditure may from time to time be made.  
    Sec. 3.  Minnesota Statutes 1986, section 241.26, 
subdivision 5, is amended to read: 
    Subd. 5.  [EARNINGS; WORK RELEASE ACCOUNT.] The net 
earnings of each inmate participating in the work release 
program provided by this section may be collected by or 
forwarded to the commissioner of corrections for deposit to the 
account of the inmate in the work release account in the state 
treasury, or the inmate may be permitted to collect, retain, and 
expend the net earnings from the inmate's employment under rules 
established by the commissioner of corrections.  The money 
collected by or forwarded to the commissioner under the rules 
shall remain under the control of the commissioner for the sole 
benefit of the inmate.  Wages under the control of the 
commissioner and wages retained by the inmate may be disbursed 
by the commissioner or expended by the inmate for the following 
purposes and in the following order:  
     (1) The cost of the inmate's keep as determined by 
subdivision 7, which money shall be deposited in the general 
fund of the state treasury if the inmate is housed in a state 
correctional facility, or shall be paid directly to the place of 
confinement as designated by the commissioner pursuant to 
subdivision 1; 
     (2) Necessary travel expense to and from work and other 
incidental expenses of the inmate; 
     (3) Support of inmate's dependents, if any; 
     (4) Court-ordered restitution, if any;  
     (5) Contribution to any programs established by law to aid 
victims of crime, provided that the contribution must not be 
more than 20 percent of the inmate's gross wages;  
    (6) Restitution to the commissioner of corrections ordered 
by a prison disciplinary hearing officer for damage to property 
caused by an inmate's conduct; 
     (7) After the above expenditures, the inmate shall have 
discretion to direct payment of the balance, if any, upon proper 
proof of personal legal debts; 
    (7) (8) The balance, if any, shall be disbursed to the 
inmate as provided in section 243.24, subdivision 1. 
    All money in the work release account are appropriated 
annually to the commissioner of corrections for the purposes of 
the work release program. 
    Sec. 4.  Minnesota Statutes 1986, section 241.69, 
subdivision 2, is amended to read: 
    Subd. 2.  [EXAMINATION.] When any person confined in an 
adult correctional institution under the control of the 
commissioner of corrections is alleged to be a mentally ill 
person, the chief executive officer or other person in charge of 
the institution shall cause the person to be examined by a 
licensed physician especially qualified in the diagnosis of 
mental illness, or, if none is available, by any licensed 
physician or licensed certified consulting psychologist 
available to the institution. 
    Sec. 5.  Minnesota Statutes 1986, section 243.23, 
subdivision 3, is amended to read: 
    Subd. 3.  [EXCEPTIONS.] Notwithstanding sections 241.26, 
subdivision 5, and 243.24, subdivision 1, the commissioner may 
promulgate rules for the disbursement of funds earned under 
subdivision 1, or other funds in an inmate account, and section 
243.88, subdivision 2 for the support of families and dependent 
relatives of the respective inmates, for the payment of 
court-ordered restitution, contribution to any programs 
established by law to aid victims of crime, provided that the 
contribution shall not be more than 20 percent of an inmate's 
gross wages, for the payment of restitution to the commissioner 
ordered by prison disciplinary hearing officers for damage to 
property caused by an inmate's conduct, and for the discharge of 
any legal obligations arising out of litigation under this 
subdivision.  An inmate of an adult correctional facility under 
the control of the commissioner is subject to actions for the 
enforcement of support obligations and reimbursement of any 
public assistance rendered the dependent family and relatives.  
The commissioner may conditionally release an inmate who is a 
party to an action under this subdivision and provide for the 
inmate's detention in a local detention facility convenient to 
the place of the hearing when the inmate is not engaged in 
preparation and defense. 
    Sec. 6.  Minnesota Statutes 1986, section 243.24, 
subdivision 1, is amended to read: 
    Subdivision 1.  [SOLE BENEFIT OF INMATE.] Any money arising 
under section 243.23 shall be and remain under the control of 
the commissioner of corrections and shall be for the sole 
benefit of the inmate, unless by special order of the 
commissioner of corrections it shall be used as designated in 
section 243.23, subdivision 3, or for rendering assistance to 
the inmate's family or dependent relatives, under such rules as 
to time, manner and amount of disbursements as the commissioner 
of corrections may prescribe.  Unless ordered disbursed as 
hereinbefore prescribed or for an urgency determined in each 
case by the chief executive officer of the facility, a portion 
of such earnings in an amount to be determined by the 
commissioner shall be set aside and kept by the facility in the 
public welfare fund of the state for the benefit of the inmate 
and for the purpose of assisting the inmate when leaving the 
facility and if released on parole said sum to be disbursed to 
the inmate in such amounts and at such times as the commissioner 
of corrections may authorize and on final discharge, if any 
portion remains undisbursed, it shall be transmitted to the 
inmate. 
    Sec. 7.  Minnesota Statutes 1986, section 243.24, is 
amended by adding a subdivision to read: 
     Subd. 3.  [FORFEITURE OF CONTRABAND MONEY OR 
PROPERTY.] Money or property received by or in the possession of 
an inmate that is determined by the head of the institution 
after an institutional disciplinary hearing to be contraband 
within the meaning of rules adopted by the commissioner of 
corrections may be seized by the institution head or by the 
head's designee.  Property seized under this subdivision may be 
sold or destroyed if the property is not claimed by its rightful 
owner within 30 days.  Proceeds from a sale or money seized 
pursuant to this subdivision must be deposited in the inmate 
social welfare fund for the benefit of the inmates of the 
facility.  The commissioner of corrections shall adopt rules 
consistent with this section.  The state or an official, 
employee, or agent of the state is not liable for any damages 
due to the disposal of personal property or use of money in 
accordance with this section. 
    Sec. 8.  Minnesota Statutes 1986, section 260.311, 
subdivision 4, is amended to read: 
    Subd. 4.  [COMPENSATION.] In counties of more than 200,000 
population, a majority of the judges of the district court may 
direct the payment of such salary to probation officers as may 
be approved by the county board, and in addition thereto shall 
be reimbursed for all necessary expenses incurred in the 
performance of their official duties.  In all counties which 
obtain probation services from the commissioner of corrections 
the commissioner shall, out of appropriations provided therefor, 
pay probation officers the salary and all benefits fixed by the 
state civil service law or applicable bargaining unit and all 
necessary expenses, including secretarial service, office 
equipment and supplies, postage, telephone and telegraph 
services, and travel and subsistence.  Each county receiving 
probation services from the commissioner of corrections shall 
reimburse the department of corrections for the total cost and 
expenses of such services as incurred by the commissioner of 
corrections.  Total annual costs for each county shall be that 
portion of the total costs and expenses for the services of one 
probation officer represented by the ratio which the county's 
population bears to the total population served by one officer.  
For the purposes of this section, the population of any county 
shall be the most recent estimate made by the department of 
health.  At least every six months the commissioner of 
corrections shall certify to the state treasurer bill for the 
total cost and expenses incurred by the commissioner on behalf 
of each county to which has received probation services have 
been provided.  The treasurer commissioner of corrections shall 
notify each county of the cost and expenses so certified and the 
county shall pay to the treasurer forthwith commissioner the 
amount certified due for reimbursement.  All such reimbursements 
shall be deposited in the general fund.  Objections by a county 
to all allocation of such cost and expenses shall be presented 
to and determined by the commissioner of administration 
corrections.  Each county providing probation services under 
this section is hereby authorized to use unexpended funds and to 
levy additional taxes for this purpose. 
    The county commissioners of any county of not more than 
200,000 population shall, when requested to do so by the 
juvenile judge, provide probation officers with suitable 
offices, and may provide equipment, and secretarial help needed 
to render the required services. 
    Sec. 9.  Minnesota Statutes 1986, section 609.2231, is 
amended by adding a subdivision to read: 
    Subd. 3.  [CORRECTIONAL EMPLOYEES.] Whoever assaults an 
employee of a correctional facility as defined in section 
241.021, subdivision 1, clause (5), while the employee is 
engaged in the performance of a duty imposed by law, policy or 
rule, and inflicts demonstrable bodily harm, is guilty of a 
gross misdemeanor and may be sentenced to imprisonment for not 
more than one year or to payment of a fine of not more than 
$3,000, or both. 
     Sec. 10.  Minnesota Statutes 1986, section 641.264, 
subdivision 2, is amended to read: 
    Subd. 2.  [TAX LEVIES; APPORTIONMENT OF COSTS.] The county 
board of each cooperating county shall annually levy a tax in an 
amount necessary to defray its proportion of the net costs of 
maintenance and operation of the regional jail after deduction 
of payments for the care of inmates, and in addition shall levy 
a tax to repay the cost of construction or acquisition, 
equipping, and any subsequent improvement of the regional jail 
and for the retirement of any bonds issued for these purposes.  
The county board may levy these taxes without limitation as to 
the rate or amount, and the levy of these taxes shall not cause 
the amount of other taxes levied or to be levied by the county, 
which are subject to any such limitation, to be reduced in any 
amount whatsoever.  The regional jail board shall apportion the 
costs of maintenance and operation, and of construction or 
acquisition, equipping, and improvement of the jail to each 
county (1) on the basis of the proportion that the population in 
that county bears to the total population in all of the 
cooperating counties, the population figures to be determined by 
the last previous federal census; or (2) according to a formula 
mutually agreed upon by all the cooperating counties. 
     Sec. 11.  [EFFECTIVE DATE.] 
    Section 9 is effective August 1, 1987, and applies to 
crimes committed on or after that date. 
    Approved May 27, 1987