Minnesota Session Laws - 1997, Regular Session

                            CHAPTER 238-H.F.No. 268 
                  An act relating to corrections; amending the 
                  appropriation to build a close-custody correctional 
                  facility of at least 800 beds; providing that the new 
                  facility shall be at custody level four; deleting 
                  certain construction bid requirements; authorizing 
                  construction of an access road; forbidding inmates 
                  from being housed at the facility until its opening is 
                  specifically authorized by law; requiring trunk 
                  highway improvements; designating county state-aid 
                  highway; prohibiting certain designations; changing 
                  occupancy requirements applicable to state prisons; 
                  amending Minnesota Statutes 1996, sections 162.02, by 
                  adding a subdivision; and 243.53, subdivision 1; Laws 
                  1996, chapter 463, section 16, subdivision 3; 
                  repealing Minnesota Statutes 1996, section 243.53, 
                  subdivision 2. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, section 162.02, is 
        amended by adding a subdivision to read: 
           Subd. 7a.  [PROHIBITION AGAINST CERTAIN DESIGNATIONS.] 
        Notwithstanding section 3, a county must follow the procedures 
        established in chapter 162 for the establishment and designation 
        of a county state-aid highway. 
           Sec. 2.  Minnesota Statutes 1996, section 243.53, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [SEPARATE CELLS.] (a) When there are 
        sufficient cells sufficient available, each convict inmate 
        shall be confined in a separate cell.  Each inmate shall be 
        confined in a separate cell in close, maximum, and high security 
        facilities, including St. Cloud, Stillwater, and Oak Park 
        Heights, but not including geriatric or honor dormitory-type 
        facilities. institutions classified by the commissioner as 
        custody level five and six institutions.  This requirement does 
        not apply to the following: 
           (1) geriatric dormitory-type facilities; 
           (2) honor dormitory-type facilities; and 
           (3) any other multiple occupancy facility at a custody 
        level five or six institution that confines inmates who could be 
        confined in an institution at custody level four or lower. 
           (b) Correctional institutions classified by the 
        commissioner as custody level one, two, three, or four 
        institutions must permit multiple occupancy, except segregation 
        units, to the greatest extent possible.  The commissioner shall 
        annually publish a list of the custody levels of all 
        correctional institutions. 
           Sec. 3.  Laws 1996, chapter 463, section 16, subdivision 3, 
        is amended to read: 
        Subd. 3.  New Facility                               89,000,000
        To complete design and to construct, 
        furnish, and equip a new close-custody 
        correctional facility at custody level 
        four to provide at least 800 beds. 
        The commissioner of administration 
        shall develop a design alternative to 
        bid and construct one of the six 
        residential pods at the new facility to 
        accommodate two inmates per cell.  This 
        would result in a total of 680 single 
        occupancy close-custody cells, and 136 
        medium-custody double occupancy cells. 
        The commissioner of administration may 
        use construction delivery methods as 
        may be appropriate to minimize the cost 
        of the facility and maximize the 
        construction time savings.  
        Before final contract documents for 
        this project are advertised for 
        construction bids, the commissioners of 
        administration and corrections shall 
        certify to the chairs of the senate 
        finance committee, the senate crime 
        prevention finance division, the house 
        ways and means committee, the house 
        judiciary finance committee, and the 
        house capital investment committee that 
        the program scope of the project has 
        not increased since the project budget 
        was reviewed in accordance with 
        Minnesota Statutes, section 16B.335.  
        Upon receipt and evaluation of 
        construction bids and before awarding 
        contracts for the construction phase of 
        the project, the commissioner of 
        administration shall provide the bids 
        and evaluation to the chairs of the 
        senate finance committee and the house 
        ways and means committee and the chairs 
        of the policy committees and finance 
        divisions having jurisdiction over 
        criminal justice policy.  Within 14 
        days after receiving them, the chairs 
        shall advise the commissioner on which 
        design should be constructed.  
        If the chairs advise the 952-bed 
        option, but the legislature does not 
        appropriate by April 15, 1997, any 
        additional money that may be needed to 
        complete the project with that option, 
        the commissioner shall award the bids 
        for the 800-bed single-cell 
        close-custody facility in order to 
        avoid delays that would further 
        escalate the cost of the project. 
        Upon receipt and evaluation of 
        construction bids and before awarding 
        contracts for the construction phase of 
        the project, the commissioners of 
        administration and finance shall inform 
        the same committee chairs of the house 
        ways and means committee and the senate 
        human resources finance committee and 
        the chairs of the house and senate 
        policy and finance committees and 
        divisions having jurisdiction over 
        criminal justice issues of the project 
        budget necessary to complete that 
        portion of the project.  Any portion of 
        this appropriation that exceeds the 
        project budget shall be unallotted by 
        the commissioner of finance. 
        By February 1 of each year, the 
        commissioner shall report to the chairs 
        of the house judiciary committee and 
        senate crime prevention committee on 
        efforts to recruit a workforce for the 
        correctional facility that is 
        proportional to the protected groups in 
        the inmate population, the results of 
        the efforts, and recommendations for 
        achieving the goal of proportional 
        representation of protected class 
        employees in relation to the inmate 
        population. 
        The commissioner of corrections shall 
        construct an access road from state 
        trunk highway 361 to the parking lot of 
        the correctional facility.  The 
        commissioner of transportation shall 
        construct any necessary improvements at 
        the intersection of trunk highway 361 
        and the access road in order to 
        facilitate ingress to and egress from 
        the correctional facility. 
           Sec. 4.  [OPERATION OF NEW CORRECTIONAL FACILITY.] 
           The custody level four correctional facility authorized in 
        Laws 1996, chapter 463, section 16, subdivision 3, as amended by 
        section 3, may not begin to house inmates until its opening is 
        specifically authorized by law. 
           Sec. 5.  [COUNTY STATE-AID HIGHWAY.] 
           A county state-aid highway is established in Chisago county 
        beginning at the intersection of trunk highway 361 with the 
        access road to be constructed pursuant to section 3, and 
        continuing in an easterly direction to the parking lot of the 
        Rush City correctional facility. 
           Sec. 6.  [REPEALER.] 
           Minnesota Statutes 1996, section 243.53, subdivision 2, is 
        repealed. 
           Sec. 7.  [EFFECTIVE DATE AND LOCAL APPROVAL.] 
           Sections 2, 3, 4, and 6 are effective the day following 
        final enactment.  Section 5 is effective the day after the 
        commissioner of corrections completes construction of the access 
        road or the governing body of the county of Chisago complies 
        with Minnesota Statutes, section 645.021, subdivision 3, 
        whichever occurs later. 
           Presented to the governor May 29, 1997 
           Signed by the governor June 2, 1997, 2:14 p.m.