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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.

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