Office of the Revisor of Statutes
Minnesota Session Laws - 1999, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 126-H.F.No. 1553
An act relating to corrections; authorizing offenders
conditionally released to perform community work
service to file claims for injuries sustained during
compensated service; repealing a requirement for a
report on training funds; authorizing expenditure of
funds for staff working in licensed juvenile
facilities; authorizing deduction from an inmate's
account of restitution ordered for damage to staff
property and personal injuries to another; authorizing
the commissioner to require any inmate to participate
in rehabilitative programs and impose disciplinary
sanctions for refusal to participate; clarifying that
sentence for imprisonment is only for felonies; making
certain criminal justice agency records available to
commissioner of corrections and probation officers;
specifying criteria for commitment of juvenile male
offenders at the Minnesota correctional facility-Red
Wing; repealing the law authorizing the mutual
agreement rehabilitative program; prohibiting use of
state funds to acquire art for state correctional
facilities; amending Minnesota Statutes 1998, sections
3.739, subdivision 1; 16B.35, by adding a subdivision;
241.01, subdivision 5; 241.0221, subdivisions 1 and 2;
241.26, subdivision 5; 243.23, subdivision 3; 244.03;
244.05, subdivision 1b; 609.105, subdivision 1; and
609.115, subdivision 3; Laws 1997, chapter 239,
article 9, section 45; repealing Minnesota Statutes
1998, section 244.02.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1998, section 3.739,
subdivision 1, is amended to read:
Subdivision 1. [PERMISSIBLE CLAIMS.] Claims and demands
arising out of the circumstances described in this subdivision
shall be presented to, heard, and determined as provided in
subdivision 2:
(1) an injury to or death of an inmate of a state,
regional, or local correctional facility or county jail who has
been conditionally released and ordered to perform compensated
or uncompensated work for a state agency, a political
subdivision or public corporation of this state, a nonprofit
educational, medical, or social service agency, or a private
business or individual, as a condition of the release, while
performing the work;
(2) an injury to or death of a person sentenced by a court,
granted a suspended sentence by a court, or subject to a court
disposition order, and who, under court order, is performing
work (a) in restitution, (b) in lieu of or to work off fines or
court ordered costs, (c) in lieu of incarceration, or (d) as a
term or condition of a sentence, suspended sentence, or
disposition order, while performing the work;
(3) an injury to or death of a person, who has been
diverted from the court system and who is performing work as
described in paragraph (1) or (2) under a written agreement
signed by the person, and if a juvenile, by a parent or
guardian;
(4) an injury to or death of any person caused by an
individual who was performing work as described in paragraph
(1), (2), or (3); or
(5) necessary medical care of offenders sentenced to the
Camp Ripley work program described in section 241.277.
Sec. 2. Minnesota Statutes 1998, section 16B.35, is
amended by adding a subdivision to read:
Subd. 1a. [NOT IN PRISONS.] Notwithstanding subdivision 1,
no part of a state appropriation may be used to acquire or
install works of art in a state correctional facility.
Sec. 3. Minnesota Statutes 1998, section 241.01,
subdivision 5, is amended to read:
Subd. 5. [TRAINING PROGRAM.] For the maintenance of
adequate standards of operation in discharging the functions of
the department, obtaining suitable candidates for positions for
which there is a scarcity of qualified applicants, and the
development of more effective treatment programs directed toward
the correction and rehabilitation of persons found delinquent or
guilty of crimes, and of more effective delinquency prevention
the commissioner of corrections shall establish a training
program including but not limited to in-service, preservice,
internship and scholarship programs, and an operational research
program. Within the limits of appropriations available, the
commissioner may provide educational stipends or tuition
reimbursement in such amounts and upon such terms and conditions
as may be determined jointly by the commissioner of employee
relations. Within the limits of appropriations therefor the
commissioner shall establish and provide personnel, facilities
and equipment for research and study to evaluate the
effectiveness of correctional treatment in camps, facilities,
probation and parole investigation and supervision and
delinquency prevention.
The commissioner may provide training to public or private
agencies or organizations and may require the participating
agencies or organizations to pay all or part of the costs of the
training. All sums of money received pursuant to the agreements
shall not cancel until the end of the fiscal year immediately
following the fiscal year in which the funds were received. The
funds are available for use by the commissioner during that
period and are appropriated annually to the commissioner of
corrections for the purposes of this subdivision. Beginning
July 1, 1994, the commissioner shall report annually to the
chairs of the house ways and means committee and the senate
finance committee on the amount and use of funds received under
this subdivision.
Sec. 4. Minnesota Statutes 1998, section 241.0221,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] The definitions in this
subdivision apply to this section.
(a) "Commissioner" means the commissioner of corrections.
(b) "Local detention facility" means a county or
multicounty facility that detains or confines preadjudicated or
adjudicated delinquent and nondelinquent offenders, including
offenders defined in section 260.015, subdivisions 21, 22, and
23.
(c) "Twenty-four-hour temporary holdover facility" means a
physically restricting or a physically unrestricting facility
used for up to 24 hours, excluding weekends and holidays, for
the care of one or more children who are being detained under
chapter 260.
(d) "Twenty-four-hour temporary holdover facility
operational subsidy" means a subsidy in an amount not to exceed
$7 per hour for wages for staff supervision services provided to
a delinquent child held within a 24-hour temporary holdover
facility.
(e) "Eight-day temporary holdover facility" means a
physically restricting and unrestricting facility of not more
than eight beds, two of which must be capable of being
physically restricting. The maximum period that a child can be
detained under chapter 260 in this facility is eight days,
excluding weekends and holidays.
(f) "Eight-day temporary holdover facility operational
subsidy" means a subsidy in an amount not to exceed 50 percent
of the annual actual operating costs of the facility and not to
exceed $100,000, whichever is less.
(g) "Secure juvenile detention center" means a physically
restricting facility licensed under Minnesota Rules, chapter
2930, and used for the temporary care of a delinquent child
being detained under chapter 260.
(h) "Alternative detention programs" include, but are not
limited to, home detention services, transportation services,
including programs designed to return runaway children to their
legal place of residence, custody detention services, training
subsidy programs, and administrative services.
(i) "Secure juvenile detention center subsidy" means the
$1,200 per bed subsidy authorized under subdivisions 2 and 5,
paragraph (b).
(j) "Transportation service" means transportation of a
child who is being detained under chapter 260, including costs
of wages, mileage and meal expenses, and costs for transporting
and returning delinquent children who have absconded from their
legal place of residence.
(k) "Home detention service" means:
(1) supervision of children who are residing at their legal
place of residence and who are being detained under chapter 260
and includes costs incurred for wages, mileage, and expenses
associated with supervision;
(2) a training subsidy used to pay for expenses incurred in
training home detention staff; and
(3) electronic surveillance program costs incurred in
electronic monitoring of children who are being detained at home
or at their legal place of residence under chapter 260.
(l) "Custody detention service" means secure and nonsecure
detention per diem costs for a child who is being detained under
chapter 260.
(m) "Training subsidy" means a subsidy associated with
training required staff to implement temporary holdover facility
programs, transportation services, and home detention services.
(n) "Administrative services" means administering,
coordinating, and implementing the 24-hour temporary holdover
facilities, juvenile detention alternative programs involving
transportation, home detention, and custody detention services.
(o) "Administrative start-up subsidy" means a subsidy
associated with services rendered to get a 24-hour temporary
holdover facility established and operating as required and not
to exceed $2,000 per facility.
(p) "Training services" means training services provided by
the commissioner of corrections to subsidy participants, either
directly or through purchase of service contractual agreements.
Sec. 5. Minnesota Statutes 1998, section 241.0221,
subdivision 2, is amended to read:
Subd. 2. [AUTHORIZATION TO MAKE SUBSIDIES TO COUNTIES;
EXPEND FUNDS TO PROVIDE TRAINING SERVICES TO SUBSIDY
PARTICIPANTS.] (a) The commissioner may, out of money
appropriated for the purposes of this section,:
(1) subsidize counties or groups of counties to assist in:
(a) (i) construction or rehabilitation of local detention
facilities;, and
(b) (ii) developing or maintaining adequate local detention
facility operations or alternative detention programs; and
(2) expend funds to provide for training of any juvenile
facility staff who work in department of corrections licensed
juvenile facilities or who work in alternative detention
programs subsidized by this section.
Sec. 6. Minnesota Statutes 1998, 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. After making deductions for the payment
of state and local taxes, if necessary, and for repayment of
advances and gate money as provided in section 243.24, 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) Fines, surcharges, or other fees assessed or ordered by
the court;
(6) 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;
(7) Restitution to the commissioner of corrections ordered
by a prison disciplinary hearing officer for damage to property
caused by an inmate's conduct;
(8) Restitution to staff ordered by a prison disciplinary
hearing officer for damage to property caused by an inmate's
conduct;
(9) Restitution to another inmate ordered by a prison
disciplinary hearing officer for personal injury to another
caused by an inmate's conduct;
(8) (10) After the above expenditures, the inmate shall
have discretion to direct payment of the balance, if any, upon
proper proof of personal legal debts;
(9) (11) The balance, if any, shall be disbursed to the
inmate as provided in section 243.24, subdivision 1.
The commissioner may authorize the payment of court-ordered
restitution from an inmate's wages when the restitution was
court ordered as a sanction for the conviction of an offense
which is not the offense of commitment, including offenses which
occurred prior to the offense for which the inmate was committed
to the commissioner. All money in the work release account are
appropriated annually to the commissioner of corrections for the
purposes of the work release program.
Sec. 7. Minnesota Statutes 1998, 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
make deductions from funds earned under subdivision 1, or other
funds in an inmate account, and section 243.88, subdivision 2.
The commissioner shall make deductions for the following
expenses in the following order of priority:
(1) federal and state taxes;
(2) repayment of advances;
(3) gate money as provided in section 243.24;
(4) support of families and dependent relatives of the
respective inmates;
(5) payment of court-ordered restitution;
(6) room and board or other costs of confinement;
(7) medical expenses incurred under section 243.212;
(8) payment of fees and costs in a civil action commenced
by an inmate;
(9) payment of fines, surcharges, or other fees assessed or
ordered by a court;
(10) contribution to the crime victims reparations board
created under section 611A.55, provided that the contribution
shall not be more than 20 percent of an inmate's gross wages;
(11) the payment of restitution to the commissioner ordered
by prison disciplinary hearing officers for damage to property
caused by an inmate's conduct; and
(12) restitution to staff ordered by a prison disciplinary
hearing officer for damage to property caused by an inmate's
conduct;
(13) restitution to another inmate ordered by a prison
disciplinary hearing officer for personal injury to another
caused by an inmate's conduct; and
(12) (14) discharge of any legal obligations arising out of
litigation under this subdivision.
The commissioner may authorize the payment of court-ordered
restitution from an inmate's wages when the restitution was
ordered by the court as a sanction for the conviction of an
offense which is not the offense of commitment, including
offenses which occurred prior to the offense for which the
inmate was committed to the commissioner. 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. 8. Minnesota Statutes 1998, section 244.03, is
amended to read:
244.03 [REHABILITATIVE PROGRAMS.]
The commissioner shall provide appropriate mental health
programs and vocational and educational programs with
employment-related goals for inmates who desire to voluntarily
participate in such programs and for inmates who are required to
participate in the programs under the disciplinary offense rules
adopted by the commissioner under section 244.05, subdivision
1b. The selection, design and implementation of programs under
this section shall be the sole responsibility of the
commissioner, acting within the limitations imposed by the funds
appropriated for such programs.
No action challenging the level of expenditures for
programs authorized under this section, nor any action
challenging the selection, design or implementation of these
programs, may be maintained by an inmate in any court in this
state.
The commissioner may impose disciplinary sanctions upon any
inmate who refuses to participate in rehabilitative programs.
Sec. 9. Minnesota Statutes 1998, section 244.05,
subdivision 1b, is amended to read:
Subd. 1b. [SUPERVISED RELEASE; OFFENDERS WHO COMMIT CRIMES
ON OR AFTER AUGUST 1, 1993.] (a) Except as provided in
subdivisions 4 and 5, every inmate sentenced to prison for a
felony offense committed on or after August 1, 1993, shall serve
a supervised release term upon completion of the inmate's term
of imprisonment and any disciplinary confinement period imposed
by the commissioner due to the inmate's violation of any
disciplinary offense rule adopted by the commissioner under
paragraph (b) or refusal to participate in a rehabilitative
program required under section 244.03. The amount of time the
inmate serves on supervised release shall be equal in length to
the amount of time remaining in the inmate's executed sentence
after the inmate has served the term of imprisonment and any
disciplinary confinement period imposed by the commissioner.
(b) By August 1, 1993, the commissioner shall modify the
commissioner's existing disciplinary rules to specify
disciplinary offenses which may result in imposition of a
disciplinary confinement period and the length of the
disciplinary confinement period for each disciplinary offense.
These disciplinary offense rules may cover violation of
institution rules, refusal to work, refusal to participate in
treatment or other rehabilitative programs, and other matters
determined by the commissioner. No inmate who violates a
disciplinary rule or refuses to participate in a rehabilitative
program as required under section 244.03 shall be placed on
supervised release until the inmate has served the disciplinary
confinement period for that disciplinary sanction or until the
inmate is discharged or released from punitive segregation
confinement, whichever is later. The imposition of a
disciplinary confinement period shall be considered to be a
disciplinary sanction imposed upon an inmate, and the procedure
for imposing the disciplinary confinement period and the rights
of the inmate in the procedure shall be those in effect for the
imposition of other disciplinary sanctions at each state
correctional institution.
Sec. 10. Minnesota Statutes 1998, section 609.105,
subdivision 1, is amended to read:
Subdivision 1. Except as otherwise provided in subdivision
3, a felony sentence to imprisonment for more than one year
shall commit the defendant to the custody of the commissioner of
corrections.
Sec. 11. Minnesota Statutes 1998, section 609.115,
subdivision 3, is amended to read:
Subd. 3. [LAW ENFORCEMENT CRIMINAL JUSTICE AGENCY
DISCLOSURE REQUIREMENTS.] All law enforcement criminal justice
agencies shall make available at no cost to the probation
officer or the commissioner of corrections the criminal record
and other relevant information relating to the defendant which
they may have, when requested for the purposes of subdivisions 1
and 2.
Sec. 12. Laws 1997, chapter 239, article 9, section 45, is
amended to read:
Sec. 45. [ADMISSIONS CRITERIA FOR MINNESOTA CORRECTIONAL
FACILITY-RED WING.]
(a) By January 1, 1999, the commissioner of corrections
shall develop admissions criteria for the placement of juveniles
at the Minnesota correctional facility-Red Wing. In developing
these criteria, the commissioner shall seek and consider the
advice of county representatives. These criteria must ensure
that juveniles who commit less serious offenses or who do not
need the type of supervision and programming available at Red
Wing are not placed there. Youth not meeting these established
criteria must not be admitted. These criteria must ensure that
to the greatest extent possible, juveniles are supervised and
programmed for in the community in which they live or whose
jurisdiction they are under.
(b) By February 15, 1998, the commissioner shall report to
the chairs of the senate crime prevention and judiciary budget
division and the house judiciary finance division on the
development of the criteria required under paragraph (a). The
report must include draft admissions criteria.
Sec. 13. [REPEALER.]
Minnesota Statutes 1998, section 244.02, is repealed.
Presented to the governor May 3, 1999
Signed by the governor May 6, 1999, 3:34 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes