Office of the Revisor of Statutes
Minnesota Session Laws - 2001, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 210-H.F.No. 1261
An act relating to corrections; making various changes
to laws involving the department of corrections,
including clarifying the community notification law,
striking and repealing obsolete and unnecessary
statutory language, clarifying who may be required to
pay the costs for the use of a correctional camp,
allowing licensed mental health professionals to admit
inmates to the mental health unit at MCF-Oak Park
Heights, altering the requirements of the department's
annual performance report, providing that
investigation of inmate deaths be initiated by the
commissioner of corrections, continuing the task force
for agency purchasing from correctional agencies,
creating a peer review committee in the health
correctional system; authorizing the commissioner to
inspect and certify juvenile facilities licensed by
the department of human services; requiring the
commissioners of corrections and human services to
develop alternative equivalent standards for chemical
dependency treatment programs for correctional
facilities under certain circumstances; requiring the
commissioner of corrections to contract with the
commissioner of human services for background studies
of individuals providing services in secure and
nonsecure juvenile residential and detention
facilities; making it a crime for employees, contract
personnel, or volunteers of a correctional system to
engage in certain sexual activities with offenders in
correctional facilities; requiring a sex offender
assessment for certain repeat sex offenders;
authorizing HIV test results to be maintained in
inmate medical records; requiring new per diem methods
to be used in annual reports; amending Minnesota
Statutes 2000, sections 16B.181, subdivision 2;
241.016, subdivision 1; 241.018; 241.021, subdivisions
1, 4, 4a, 6, by adding a subdivision; 241.67,
subdivision 8; 241.69; 242.32, subdivision 1a; 243.05,
subdivision 6; 243.51, subdivision 2; 243.53,
subdivision 1; 244.052, subdivision 3; 244.173;
244.18, subdivision 1; 390.11, subdivision 1, by
adding a subdivision; 390.32, by adding a subdivision;
609.341, subdivision 11; 609.344, subdivision 1;
609.345, subdivision 1; 609.3452, subdivision 1, by
adding subdivisions; 611A.19; Laws 1996, chapter 463,
section 16, subdivision 3, as amended; repealing
Minnesota Statutes 2000, sections 241.016, subdivision
2; 241.19; 242.51.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2000, section 16B.181,
subdivision 2, is amended to read:
Subd. 2. [PUBLIC ENTITIES; PURCHASES FROM CORRECTIONS
INDUSTRIES.] (a) The commissioner of corrections, in
consultation with the commissioner of administration, shall
prepare updated lists of the items available for purchase from
department of corrections industries and annually forward a copy
of the most recent list to all public entities within the
state. A public entity that is supported in whole or in part
with funds from the state treasury may purchase items directly
from corrections industries. The bid solicitation process is
not required for these purchases.
(b) The commissioner of administration shall develop a
contract or contracts to enable public entities to purchase
items directly from corrections industries. The commissioner of
administration, in consultation with the commissioner of
corrections, shall determine the fair market price for listed
items. The commissioner of administration shall require that
all requests for bids or proposals, for items provided by
corrections industries, be forwarded to the commissioner of
corrections to enable corrections industries to submit bids.
The commissioner of corrections shall consult with the
commissioner of administration prior to introducing new products
to the state agency market.
(c) No public entity may evade the intent of this section
by adopting slight variations in specifications, when Minnesota
corrections industry items meet the reasonable needs and
specifications of the public entity.
(d) The commissioners of administration and corrections
shall develop annual performance measures outlining goals to
maximize inmate work program participation. The commissioners
of administration and corrections shall appoint cochairs for a
task force whose purpose is to determine additional methods to
achieve the performance goals for public entity purchasing. The
task force shall include representatives from the Minnesota
house of representatives, Minnesota senate, the Minnesota state
colleges and universities, University of Minnesota, Minnesota
League of Cities, Minnesota Association of Counties, and
administrators with purchasing responsibilities from the
Minnesota state departments of corrections, public safety,
finance, transportation, natural resources, human services,
health, and economic security. Notwithstanding section 15.059,
the task force created in this paragraph expires on June 30,
2003.
(e) If performance goals for public entity purchasing are
not achieved in two consecutive fiscal years, public entities
shall purchase items available from corrections industries. The
commissioner of administration shall be responsible for
notifying public entities of this requirement.
Sec. 2. Minnesota Statutes 2000, section 241.016,
subdivision 1, is amended to read:
Subdivision 1. [ANNUAL REPORT.] (a) Notwithstanding
section 15.91, The department of corrections shall issue submit
a performance report by November 30 of each year to the chairs
and ranking minority members of the senate and house committees
and divisions having jurisdiction over criminal justice funding
by January 15 of each year. The issuance and content of the
report must conform with section 15.91. include the following:
(1) department strategic mission, goals, and objectives;
(2) the department-wide per diem, adult facility-specific
per diems, and an average per diem, reported in a standard
calculated method as outlined in the departmental policies and
procedures; and
(3) department annual statistics as outlined in the
departmental policies and procedures.
(b) The department shall maintain recidivism rates for
adult facilities on an annual basis. In addition, each year the
department shall, on an alternating basis, complete a recidivism
analysis of adult facilities, juvenile services, and the
community services divisions and include a three-year recidivism
analysis in the report described in paragraph (a). When
appropriate, the recidivism analysis must include education
programs, vocational programs, treatment programs, industry, and
employment.
Sec. 3. Minnesota Statutes 2000, section 241.018, is
amended to read:
241.018 [PER DIEM CALCULATION.]
(a) The commissioner of corrections shall develop a uniform
method to calculate the average department-wide per diem cost of
incarcerating offenders at state adult correctional facilities.
In addition to other costs currently factored into the per diem,
it must include an appropriate percentage of capitol costs for
all adult correctional facilities and 65 percent of the
department's management services budget.
(b) The commissioner also shall use this method of
calculating per diem costs for offenders in each state adult
correctional facility. When calculating the per diem cost of
incarcerating offenders at a particular facility, the
commissioner shall include an appropriate percentage of capital
costs for the facility and an appropriate prorated amount, given
the facility's population, of 65 percent of the department's
management services budget.
(c) The commissioner shall ensure that these new per diem
methods are used in all future instances in which per diem
charges are reported annual performance reports to the
legislature and are also reflected in the department's biennial
budget document.
(d) The commissioner shall report information related to
these per diems to the chairs and ranking minority members of
the senate and house committees and divisions having
jurisdiction over criminal justice funding by January 15, 2001.
Sec. 4. Minnesota Statutes 2000, section 241.021,
subdivision 1, is amended to read:
Subdivision 1. [SUPERVISION OVER CORRECTIONAL
INSTITUTIONS.] (1) (a) Except as provided in paragraph (b), 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
review the correctional facilities described in this subdivision
at least once every biennium, 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 may grant licensure up to two years. 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, at a time and place designated
by the commissioner. The commissioner may require that any or
all such information be provided through the department of
corrections detention information system. The education program
offered in a correctional facility for the detention or
confinement of juvenile offenders must be approved by the
commissioner of children, families, and learning before the
commissioner of corrections may grant a license to the facility.
(b) For juvenile facilities licensed by the commissioner of
human services, the commissioner may inspect and certify
programs based on certification standards set forth in Minnesota
Rules. For the purpose of this paragraph, "certification" has
the meaning given it in section 245A.02.
(2) (c) 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) (d) 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) (e) When the commissioner finds that any facility
described in clause (1) paragraph (a), 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) (f) 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. 5. Minnesota Statutes 2000, section 241.021,
subdivision 4, is amended to read:
Subd. 4. [HEALTH CARE.] The commissioner of corrections
shall provide professional health care to persons confined in
institutions under the control of the commissioner of
corrections and pay the costs of their care in hospitals and
other medical facilities not under the control of the
commissioner of corrections, including the secure treatment unit
operated by the St. Paul - Ramsey Hospital. All reimbursements
for these health care services shall be deposited in the general
fund. The commissioner of corrections is authorized to contract
with entities, including health care management companies, to
provide health care to inmates. With respect to these
contracts, these entities shall not be regulated as, or
otherwise considered to be, health plan companies as defined in
section 62Q.01, subdivision 4.
Sec. 6. Minnesota Statutes 2000, section 241.021,
subdivision 4a, is amended to read:
Subd. 4a. [CHEMICAL DEPENDENCY TREATMENT PROGRAMS.] All
residential chemical dependency treatment programs operated by
the commissioner of corrections to treat adults and juveniles
committed to the commissioner's custody shall comply with the
standards mandated in Minnesota Rules, parts 9530.4100 to
9530.6500, or successor rule parts, for treatment programs
operated by community-based residential treatment facilities.
When the commissioners of corrections and human services agree
that these established standards for community-based programs
cannot reasonably apply to correctional facilities, alternative
equivalent standards shall be developed by the commissioners and
established through an interagency agreement.
Sec. 7. Minnesota Statutes 2000, section 241.021, is
amended by adding a subdivision to read:
Subd. 4b. [PEER REVIEW COMMITTEE.] The commissioner of
corrections shall establish a health care peer review committee.
Sections 145.61 to 145.67 apply to the committee. The committee
shall gather, review, and evaluate information relating to the
on-site and off-site quality of care and treatment of
offenders. The committee shall consist of:
(1) the director of health services;
(2) the department medical director;
(3) the regional medical director of the contracted health
care vendor;
(4) the department director of nursing;
(5) a physician from the contracting hospital provider; and
(6) another physician who provides health care to offenders
on site at a correctional facility.
Sec. 8. Minnesota Statutes 2000, section 241.021,
subdivision 6, is amended to read:
Subd. 6. [BACKGROUND STUDIES.] (a) The commissioner of
corrections is authorized to do background studies on personnel
employed by any facility serving children or youth that is
licensed under this section. The commissioner of corrections
shall contract with the commissioner of human services to
conduct background studies of individuals providing services in
secure and nonsecure residential facilities and detention
facilities who have direct contact, as defined under section
245A.04, subdivision 3, with persons served in the facilities.
A disqualification of an individual in this section shall
disqualify the individual from positions allowing direct contact
or access to persons and residents receiving services in
programs licensed by the departments of health and human
services.
(b) A clerk or administrator of any court, the bureau of
criminal apprehension, a prosecuting attorney, a county sheriff,
or a chief of a local police department, shall assist in these
studies by providing to the commissioner of human services, or
the commissioner's representative, all criminal conviction data
available from local, state, and national criminal history
record repositories, including the criminal justice data
communications network, pertaining to the following individuals:
applicants, operators, all persons living in the household, and
all staff of any facility subject to background studies under
this subdivision.
(c) The department of human services shall conduct the
background studies required by paragraph (a) in compliance with
the provisions of chapter 245A. For the purpose of this
subdivision, the term "secure and nonsecure residential facility
and detention facility" shall include programs licensed or
certified under subdivision 2. The department of human services
shall provide necessary forms and instructions, shall conduct
the necessary background studies of individuals, and shall
provide notification of the results of the studies to the
facilities, individuals, and the commissioner of corrections.
Individuals shall be disqualified under the provisions of
chapter 245A.
If an individual is disqualified, the department of human
services shall notify the facility and the individual and shall
inform the individual of the right to request a reconsideration
of the disqualification by submitting the request to the
department of corrections.
(d) The commissioner of corrections shall review and decide
reconsideration requests, including the granting of variances,
in accordance with the procedures and criteria contained in
chapter 245A. The commissioner's decision shall be provided to
the individual and to the department of human services. The
commissioner's decision to grant or deny a reconsideration of
disqualification is the final administrative agency action.
(e) Facilities described in paragraph (a) shall be
responsible for cooperating with the departments in implementing
the provisions of this subdivision. The responsibilities
imposed on applicants and licensees under chapter 245A shall
apply to these facilities. The provisions of section 245A.04,
subdivision 3, paragraph (e), shall apply to applicants,
licensees, and individuals.
Sec. 9. Minnesota Statutes 2000, section 241.67,
subdivision 8, is amended to read:
Subd. 8. [COMMUNITY-BASED SEX OFFENDER PROGRAM EVALUATION
PROJECT.] (a) For the purposes of this project, a sex offender
is an adult who has been convicted, or a juvenile who has been
adjudicated, for a sex offense or a sex-related offense which
would require registration under section 243.166.
(b) The commissioner shall develop a long-term project to
accomplish the following:
(1) provide follow-up information on each sex offender for
a period of three years following the offender's completion of
or termination from treatment;
(2) provide treatment programs in several geographical
areas in the state;
(3) provide the necessary data to form the basis to
recommend a fiscally sound plan to provide a coordinated
statewide system of effective sex offender treatment
programming; and
(4) provide an opportunity to local and regional
governments, agencies, and programs to establish models of sex
offender programs that are suited to the needs of that region.
(c) The commissioner shall provide the legislature with an
annual report of the data collected and the status of the
project by October 15 of each year, beginning in 1993.
(d) The commissioner shall establish an advisory task force
consisting of county probation officers from Community
Corrections Act counties and other counties, court services
providers, and other interested officials. The commissioner
shall consult with the task force concerning the establishment
and operation of the project.
Sec. 10. Minnesota Statutes 2000, section 241.69, is
amended to read:
241.69 [PSYCHIATRIC MENTAL HEALTH UNIT; ESTABLISHMENT.]
Subdivision 1. [AUTHORITY; RULES.] The commissioner of
corrections shall, in accordance with applicable rules and
standards prescribed by the departments department of health and
welfare human services, establish, staff, equip, maintain, and
operate at one of the adult correctional institutions under the
commissioner's control a psychiatric mental health unit for the
care and treatment of those inmates of state correctional
institutions who become mentally ill.
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 director of psychological
services, or warden 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 psychologist mental health professional available to
the institution.
Subd. 3. [TRANSFER.] If the examining physician or
psychologist licensed mental health professional finds the
person to be mentally ill and in need of short term care, the
examining physician health care professional may recommend
transfer by the commissioner of corrections to the psychiatric
mental health unit established pursuant to subdivision 1.
Subd. 4. [COMMITMENT.] If the examining physician health
care professional or psychologist licensed mental health
professional finds the person to be mentally ill and in need of
long term care in a hospital, or if an inmate transferred
pursuant to subdivision 3 refuses to voluntarily participate in
the treatment program at the psychiatric mental health unit, the
chief executive officer of director of psychological services of
the institution or other person in charge the mental health
professional shall initiate proceedings for judicial commitment
as provided in section 253B.07. Upon the recommendation of
the physician or psychologist licensed mental health
professional and upon completion of the hearing and
consideration of the record, the court may commit the person to
the psychiatric mental health unit established in subdivision 1
or to another hospital. A person confined in a state
correctional institution for adults who has been adjudicated to
be mentally ill and in need of treatment may be committed to the
commissioner of corrections and placed in the psychiatric mental
health unit established in subdivision 1.
Subd. 5. [DISCHARGE.] The chief medical officer director
of psychological services of the psychiatric mental health unit
established under this section may, subject to the provisions of
chapter 253B, provisionally discharge any inmate patient
admitted as mentally ill without discharging the commitment and
order the inmate patient's release into the general population
of the institution from which admitted, subject to return to the
facility for further treatment.
When the chief medical officer director of psychological
services of the facility certifies that a patient is no longer
in need of institutional care for mental illness the chief
medical officer director of psychological services shall
discharge the patient to the institution from which committed,
and the discharge shall also discharge the mental illness
commitment.
A copy of the certification that the inmate is no longer in
need of care for mental illness shall be transmitted to the
commissioner of corrections. The commissioner of corrections
shall give serious consideration to the aforementioned
certification for purposes of their supervision over the inmate
upon the inmate's release.
Subd. 6. [TRANSFER UPON EXPIRATION OF SENTENCE.] If the
sentence of a person who has been adjudicated to be mentally ill
and committed to the psychiatric mental health unit established
under this section should expire before the person recovers and
is discharged therefrom, and, in the judgment of the chief
medical officer director of psychological services of the unit,
the person requires further hospitalization for mental illness,
the person shall be transferred by the commissioner of
corrections to a state hospital designated by the commissioner
of human services, there to be detained as in the case of other
mentally ill persons under judicial commitment.
Subd. 7. [COSTS.] The costs of the commitment proceedings
under this section shall be borne by the state.
Subd. 8. [DEFINITIONS.] For the purposes of this section,
the words defined in section 253B.02 have the meanings given
them in that section.
Sec. 11. Minnesota Statutes 2000, section 242.32,
subdivision 1a, is amended to read:
Subd. 1a. [ALTERNATIVE RESIDENTIAL PROGRAMS; FUNDING.] The
commissioner of corrections may establish and operate
alternative residential programs for juveniles. Programming is
available to court and social service agencies for placement of
juveniles to act as early intervention in juvenile crime. The
commissioner shall require participating state or federal
agencies and local units of government sending participants to
the program to pay the cost of the program. Funds received by
the commissioner for the cost of the program from state and
federal agencies and local units of government under this
subdivision must be deposited in the state treasury and credited
to a special account. Money in the account is appropriated to
the commissioner to fund the program.
Sec. 12. Minnesota Statutes 2000, section 243.05,
subdivision 6, is amended to read:
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. The commissioner 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. 13. Minnesota Statutes 2000, section 243.51,
subdivision 2, is amended to read:
Subd. 2. [TRANSFER OF INMATES TO FEDERAL GOVERNMENT.] The
commissioner of corrections may transfer to the custody of the
United States attorney general any inmate of the a Minnesota
correctional facility-Stillwater or the Minnesota correctional
facility-Shakopee facility whose presence is seriously
detrimental to the internal discipline and well-being of the
facility, or whose personal safety cannot be reasonably secured
therein or in any other state facility, provided the attorney
general of the United States accept such transfer. Such
transfer shall be accomplished in the manner prescribed by
United States Code, title 18, section 5003 and acts amendatory
thereof, and the commissioner of corrections may execute such
contracts as therein provided. The reimbursement of the federal
government for all costs and expenses incurred for the care,
custody, subsistence, education, treatment, and training of such
transferee shall be paid from the appropriation for the
operation of the Minnesota correctional facility-Stillwater or
the Minnesota correctional facility-Shakopee facility from which
the inmate was transferred.
The chief executive officer of the transferring facility
shall attach to such contract a duly certified copy of the
warrant of commitment under which such inmate is held, together
with copies of such other commitment papers as are required by
section 243.49, and such other data relating to the character
and condition of such inmates as the officer may deem necessary
or may be required by the federal prison authorities. Such copy
of the warrant of commitment and accompanying papers shall
constitute sufficient authority for the United States to hold
such inmate on behalf of the state of Minnesota.
Any inmate so transferred under this subdivision shall be
subject to the terms and conditions of the inmate's original
sentence as if the inmate were serving the same within the
confines of the facility from which transferred. Nothing herein
contained shall deprive such inmate of the right to parole or
the rights to legal process in the courts of this state.
Sec. 14. Minnesota Statutes 2000, section 243.53,
subdivision 1, is amended to read:
Subdivision 1. [SEPARATE CELLS.] (a) When there are
sufficient cells available, each inmate shall be confined in a
separate cell. Each inmate shall be confined in a separate cell
in 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. 15. Minnesota Statutes 2000, section 244.052,
subdivision 3, is amended to read:
Subd. 3. [END-OF-CONFINEMENT REVIEW COMMITTEE.] (a) The
commissioner of corrections shall establish and administer
end-of-confinement review committees at each state correctional
facility and at each state treatment facility where predatory
offenders are confined. The committees shall assess on a
case-by-case basis the public risk posed by predatory offenders
who are about to be released from confinement.
(b) Each committee shall be a standing committee and shall
consist of the following members appointed by the commissioner:
(1) the chief executive officer or head of the correctional
or treatment facility where the offender is currently confined,
or that person's designee;
(2) a law enforcement officer;
(3) a treatment professional who is trained in the
assessment of sex offenders;
(4) a caseworker experienced in supervising sex offenders;
and
(5) a victim's services professional.
Members of the committee, other than the facility's chief
executive officer or head, shall be appointed by the
commissioner to two-year terms. The chief executive officer or
head of the facility or designee shall act as chair of the
committee and shall use the facility's staff, as needed, to
administer the committee, obtain necessary information from
outside sources, and prepare risk assessment reports on
offenders.
(c) The committee shall have access to the following data
on a predatory offender only for the purposes of its assessment
and to defend the committee's risk assessment determination upon
administrative review under this section:
(1) private medical data under section 13.384 or 144.335,
or welfare data under section 13.46 that relate to medical
treatment of the offender;
(2) private and confidential court services data under
section 13.84;
(3) private and confidential corrections data under section
13.85; and
(4) private criminal history data under section 13.87.
Data collected and maintained by the committee under this
paragraph may not be disclosed outside the committee, except as
provided under section 13.05, subdivision 3 or 4. The predatory
offender has access to data on the offender collected and
maintained by the committee, unless the data are confidential
data received under this paragraph.
(d)(i) Except as otherwise provided in item (ii), at least
90 days before a predatory offender is to be released from
confinement, the commissioner of corrections shall convene the
appropriate end-of-confinement review committee for the purpose
of assessing the risk presented by the offender and determining
the risk level to which the offender shall be assigned under
paragraph (e). The offender and the law enforcement agency that
was responsible for the charge resulting in confinement shall be
notified of the time and place of the committee's meeting. The
offender has a right to be present and be heard at the meeting.
The law enforcement agency may provide material in writing that
is relevant to the offender's risk level to the chair of the
committee. The committee shall use the risk factors described
in paragraph (g) and the risk assessment scale developed under
subdivision 2 to determine the offender's risk assessment score
and risk level. Offenders scheduled for release from
confinement shall be assessed by the committee established at
the facility from which the offender is to be released.
(ii) If an offender is received for confinement in a
facility with less than 90 days remaining in the offender's term
of confinement, the offender's risk shall be assessed at the
first regularly scheduled end of confinement review committee
that convenes after the appropriate documentation for the risk
assessment is assembled by the committee. The commissioner
shall make reasonable efforts to ensure that offender's risk is
assessed and a risk level is assigned or reassigned at least 30
days before the offender's release date.
(e) The committee shall assign to risk level I a predatory
offender whose risk assessment score indicates a low risk of
reoffense. The committee shall assign to risk level II an
offender whose risk assessment score indicates a moderate risk
of reoffense. The committee shall assign to risk level III an
offender whose risk assessment score indicates a high risk of
reoffense.
(f) Before the predatory offender is released from
confinement, the committee shall prepare a risk assessment
report which specifies the risk level to which the offender has
been assigned and the reasons underlying the committee's risk
assessment decision. The committee shall give the report to the
offender and to the law enforcement agency at least 60 days
before an offender is released from confinement. If the risk
assessment is performed under the circumstances described in
paragraph (d), item (ii), the report shall be given to the
offender and the law enforcement agency as soon as it is
available. The committee also shall inform the offender of the
availability of review under subdivision 6.
(g) As used in this subdivision, "risk factors" includes,
but is not limited to, the following factors:
(1) the seriousness of the offense should the offender
reoffend. This factor includes consideration of the following:
(i) the degree of likely force or harm;
(ii) the degree of likely physical contact; and
(iii) the age of the likely victim;
(2) the offender's prior offense history. This factor
includes consideration of the following:
(i) the relationship of prior victims to the offender;
(ii) the number of prior offenses or victims;
(iii) the duration of the offender's prior offense history;
(iv) the length of time since the offender's last prior
offense while the offender was at risk to commit offenses; and
(v) the offender's prior history of other antisocial acts;
(3) the offender's characteristics. This factor includes
consideration of the following:
(i) the offender's response to prior treatment efforts; and
(ii) the offender's history of substance abuse;
(4) the availability of community supports to the offender.
This factor includes consideration of the following:
(i) the availability and likelihood that the offender will
be involved in therapeutic treatment;
(ii) the availability of residential supports to the
offender, such as a stable and supervised living arrangement in
an appropriate location;
(iii) the offender's familial and social relationships,
including the nature and length of these relationships and the
level of support that the offender may receive from these
persons; and
(iv) the offender's lack of education or employment
stability;
(5) whether the offender has indicated or credible evidence
in the record indicates that the offender will reoffend if
released into the community; and
(6) whether the offender demonstrates a physical condition
that minimizes the risk of reoffense, including but not limited
to, advanced age or a debilitating illness or physical condition.
(h) Upon the request of the law enforcement agency or the
offender's corrections agent, the commissioner may reconvene the
end-of-confinement review committee for the purpose of
reassessing the risk level to which an offender has been
assigned under paragraph (e). In a request for a reassessment,
the law enforcement agency which was responsible for the charge
resulting in confinement or agent shall list the facts and
circumstances arising after the initial assignment or facts and
circumstances known to law enforcement or the agent but not
considered by the committee under paragraph (e) which support
the request for a reassessment. The request for reassessment by
the law enforcement agency must occur within 30 days of receipt
of the report indicating the offender's risk level assignment.
The offender's corrections agent, in consultation with the chief
law enforcement officer in the area where the offender resides
or intends to reside, may request a review of a risk level at
any time if substantial evidence exists that the offender's risk
level should be reviewed by an end-of-confinement review
committee. This evidence includes, but is not limited to,
evidence of treatment failures or completions, evidence of
exceptional crime-free community adjustment or lack of
appropriate adjustment, evidence of substantial community need
to know more about the offender or mitigating circumstances that
would narrow the proposed scope of notification, or other
practical situations articulated and based in evidence of the
offender's behavior while under supervision. Upon review of the
request, the end-of-confinement review committee may reassign an
offender to a different risk level. If the offender is
reassigned to a higher risk level, the offender has the right to
seek review of the committee's determination under subdivision 6.
(i) An offender may request the end-of-confinement review
committee to reassess the offender's assigned risk level after
three years have elapsed since the committee's initial risk
assessment and may renew the request once every two years
following subsequent denials. In a request for reassessment,
the offender shall list the facts and circumstances which
demonstrate that the offender no longer poses the same degree of
risk to the community. In order for a request for a risk level
reduction to be granted, the offender must demonstrate full
compliance with supervised release conditions, completion of
required post-release treatment programming, and full compliance
with all registration requirements as detailed in section
243.166. The offender must also not have been convicted of any
felony, gross misdemeanor, or misdemeanor offenses subsequent to
the assignment of the original risk level. The committee shall
follow the process outlined in paragraphs (a) to (e), and
(g) (c) in the reassessment. An offender who is incarcerated
may not request a reassessment under this paragraph.
(j) Offenders returned to prison as release violators shall
not have a right to a subsequent risk reassessment by the
end-of-confinement review committee unless substantial evidence
indicates that the offender's risk to the public has increased.
(k) The commissioner shall establish an end-of-confinement
review committee to assign a risk level to offenders who are
released from a federal correctional facility in Minnesota or
another state and who intend to reside in Minnesota, and to
offenders accepted from another state under a reciprocal
agreement for parole supervision under the interstate compact
authorized by section 243.16. The committee shall make
reasonable efforts to conform to the same timelines as applied
to Minnesota cases. Offenders accepted from another state under
a reciprocal agreement for probation supervision are not
assigned a risk level, but are considered downward dispositional
departures. The probation or court services officer and law
enforcement officer shall manage such cases in accordance with
section 244.10, subdivision 2a. The policies and procedures of
the committee for federal offenders and interstate compact cases
must be in accordance with all requirements as set forth in this
section, unless restrictions caused by the nature of federal or
interstate transfers prevents such conformance.
(k) (l) If the committee assigns a predatory offender to
risk level III, the committee shall determine whether residency
restrictions shall be included in the conditions of the
offender's release based on the offender's pattern of offending
behavior.
Sec. 16. Minnesota Statutes 2000, section 244.173, is
amended to read:
244.173 [CHALLENGE INCARCERATION PROGRAM; EVALUATION AND
REPORT.]
The commissioner shall develop a system for gathering and
analyzing information concerning the value and effectiveness of
the challenge incarceration program. The commissioner shall
report to the committees of the house of representatives and
senate with jurisdiction over criminal justice policy by January
1, 1996, on the operation of the program.
Sec. 17. Minnesota Statutes 2000, section 244.18,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITION.] As used in this section,
"local correctional fees" include fees for the following
correctional services:
(1) community service work placement and supervision;
(2) restitution collection;
(3) supervision;
(4) court ordered investigations; or
(5) any other court ordered service;
(6) post-prison supervision or other form of release; or
(7) supervision or other services provided to probationers
or parolees under section 243.16 to be provided by a local
probation and parole agency established under section 244.19 or
community corrections agency established under chapter 401.
Sec. 18. Minnesota Statutes 2000, section 390.11,
subdivision 1, is amended to read:
Subdivision 1. [DEATHS REQUIRING INQUESTS AND
INVESTIGATIONS.] Except as provided in subdivision 1a, the
coroner shall investigate and may conduct inquests in all human
deaths of the following types:
(1) violent deaths, whether apparently homicidal, suicidal,
or accidental, including but not limited to deaths due to
thermal, chemical, electrical, or radiational injury, and deaths
due to criminal abortion, whether apparently self induced or
not;
(2) deaths under unusual or mysterious circumstances;
(3) deaths of persons whose bodies are to be cremated,
dissected, buried at sea, or otherwise disposed of so that the
bodies will later be unavailable for examination; and
(4) deaths of inmates of public institutions who are not
hospitalized for organic disease and whose deaths are not of any
type referred to in clause (1) or (2).
Sec. 19. Minnesota Statutes 2000, section 390.11, is
amended by adding a subdivision to read:
Subd. 1a. [COMMISSIONER OF CORRECTIONS; INVESTIGATION OF
DEATHS.] The commissioner of corrections may require that all
department of corrections incarcerated deaths be reviewed by an
independent, contracted board-certified forensic pathologist.
Sec. 20. Minnesota Statutes 2000, section 390.32, is
amended by adding a subdivision to read:
Subd. 11. [COMMISSIONER OF CORRECTIONS; INVESTIGATION OF
DEATHS.] The commissioner of corrections may require that all
department of corrections incarcerated deaths be reviewed by an
independent, contracted board-certified forensic pathologist.
Sec. 21. Minnesota Statutes 2000, section 609.341,
subdivision 11, is amended to read:
Subd. 11. (a) "Sexual contact," for the purposes of
sections 609.343, subdivision 1, clauses (a) to (f), and
609.345, subdivision 1, clauses (a) to (e), and (h) to (l) (m),
includes any of the following acts committed without the
complainant's consent, except in those cases where consent is
not a defense, and committed with sexual or aggressive intent:
(i) the intentional touching by the actor of the
complainant's intimate parts, or
(ii) the touching by the complainant of the actor's, the
complainant's, or another's intimate parts effected by a person
in a position of authority, or by coercion, or by inducement if
the complainant is under 13 years of age or mentally impaired,
or
(iii) the touching by another of the complainant's intimate
parts effected by coercion or by a person in a position of
authority, or
(iv) in any of the cases above, the touching of the
clothing covering the immediate area of the intimate parts.
(b) "Sexual contact," for the purposes of sections 609.343,
subdivision 1, clauses (g) and (h), and 609.345, subdivision 1,
clauses (f) and (g), includes any of the following acts
committed with sexual or aggressive intent:
(i) the intentional touching by the actor of the
complainant's intimate parts;
(ii) the touching by the complainant of the actor's, the
complainant's, or another's intimate parts;
(iii) the touching by another of the complainant's intimate
parts; or
(iv) in any of the cases listed above, touching of the
clothing covering the immediate area of the intimate parts.
(c) "Sexual contact with a person under 13" means the
intentional touching of the complainant's bare genitals or anal
opening by the actor's bare genitals or anal opening with sexual
or aggressive intent or the touching by the complainant's bare
genitals or anal opening of the actor's or another's bare
genitals or anal opening with sexual or aggressive intent.
Sec. 22. Minnesota Statutes 2000, section 609.344,
subdivision 1, is amended to read:
Subdivision 1. [CRIME DEFINED.] A person who engages in
sexual penetration with another person is guilty of criminal
sexual conduct in the third degree if any of the following
circumstances exists:
(a) the complainant is under 13 years of age and the actor
is no more than 36 months older than the complainant. Neither
mistake as to the complainant's age nor consent to the act by
the complainant shall be a defense;
(b) the complainant is at least 13 but less than 16 years
of age and the actor is more than 24 months older than the
complainant. In any such case it shall be an affirmative
defense, which must be proved by a preponderance of the
evidence, that the actor believes the complainant to be 16 years
of age or older. If the actor in such a case is no more than 48
months but more than 24 months older than the complainant, the
actor may be sentenced to imprisonment for not more than five
years. Consent by the complainant is not a defense;
(c) the actor uses force or coercion to accomplish the
penetration;
(d) the actor knows or has reason to know that the
complainant is mentally impaired, mentally incapacitated, or
physically helpless;
(e) the complainant is at least 16 but less than 18 years
of age and the actor is more than 48 months older than the
complainant and in a position of authority over the complainant.
Neither mistake as to the complainant's age nor consent to the
act by the complainant is a defense;
(f) the actor has a significant relationship to the
complainant and the complainant was at least 16 but under 18
years of age at the time of the sexual penetration. Neither
mistake as to the complainant's age nor consent to the act by
the complainant is a defense;
(g) the actor has a significant relationship to the
complainant, the complainant was at least 16 but under 18 years
of age at the time of the sexual penetration, and:
(i) the actor or an accomplice used force or coercion to
accomplish the penetration;
(ii) the complainant suffered personal injury; or
(iii) the sexual abuse involved multiple acts committed
over an extended period of time.
Neither mistake as to the complainant's age nor consent to
the act by the complainant is a defense;
(h) the actor is a psychotherapist and the complainant is a
patient of the psychotherapist and the sexual penetration
occurred:
(i) during the psychotherapy session; or
(ii) outside the psychotherapy session if an ongoing
psychotherapist-patient relationship exists.
Consent by the complainant is not a defense;
(i) the actor is a psychotherapist and the complainant is a
former patient of the psychotherapist and the former patient is
emotionally dependent upon the psychotherapist;
(j) the actor is a psychotherapist and the complainant is a
patient or former patient and the sexual penetration occurred by
means of therapeutic deception. Consent by the complainant is
not a defense;
(k) the actor accomplishes the sexual penetration by means
of deception or false representation that the penetration is for
a bona fide medical purpose. Consent by the complainant is not
a defense; or
(1) the actor is or purports to be a member of the clergy,
the complainant is not married to the actor, and:
(i) the sexual penetration occurred during the course of a
meeting in which the complainant sought or received religious or
spiritual advice, aid, or comfort from the actor in private; or
(ii) the sexual penetration occurred during a period of
time in which the complainant was meeting on an ongoing basis
with the actor to seek or receive religious or spiritual advice,
aid, or comfort in private. Consent by the complainant is not a
defense; or
(m) the actor is an employee, independent contractor, or
volunteer of a state, county, city, or privately operated adult
or juvenile correctional system, including, but not limited to,
jails, prisons, detention centers, or work release facilities,
and the complainant is a resident of a facility or under
supervision of the correctional system. Consent by the
complainant is not a defense.
Sec. 23. Minnesota Statutes 2000, section 609.345,
subdivision 1, is amended to read:
Subdivision 1. [CRIME DEFINED.] A person who engages in
sexual contact with another person is guilty of criminal sexual
conduct in the fourth degree if any of the following
circumstances exists:
(a) the complainant is under 13 years of age and the actor
is no more than 36 months older than the complainant. Neither
mistake as to the complainant's age or consent to the act by the
complainant is a defense. In a prosecution under this clause,
the state is not required to prove that the sexual contact was
coerced;
(b) the complainant is at least 13 but less than 16 years
of age and the actor is more than 48 months older than the
complainant or in a position of authority over the complainant.
Consent by the complainant to the act is not a defense. In any
such case, it shall be an affirmative defense which must be
proved by a preponderance of the evidence that the actor
believes the complainant to be 16 years of age or older;
(c) the actor uses force or coercion to accomplish the
sexual contact;
(d) the actor knows or has reason to know that the
complainant is mentally impaired, mentally incapacitated, or
physically helpless;
(e) the complainant is at least 16 but less than 18 years
of age and the actor is more than 48 months older than the
complainant and in a position of authority over the complainant.
Neither mistake as to the complainant's age nor consent to the
act by the complainant is a defense;
(f) the actor has a significant relationship to the
complainant and the complainant was at least 16 but under 18
years of age at the time of the sexual contact. Neither mistake
as to the complainant's age nor consent to the act by the
complainant is a defense;
(g) the actor has a significant relationship to the
complainant, the complainant was at least 16 but under 18 years
of age at the time of the sexual contact, and:
(i) the actor or an accomplice used force or coercion to
accomplish the contact;
(ii) the complainant suffered personal injury; or
(iii) the sexual abuse involved multiple acts committed
over an extended period of time.
Neither mistake as to the complainant's age nor consent to
the act by the complainant is a defense;
(h) the actor is a psychotherapist and the complainant is a
patient of the psychotherapist and the sexual contact occurred:
(i) during the psychotherapy session; or
(ii) outside the psychotherapy session if an ongoing
psychotherapist-patient relationship exists. Consent by the
complainant is not a defense;
(i) the actor is a psychotherapist and the complainant is a
former patient of the psychotherapist and the former patient is
emotionally dependent upon the psychotherapist;
(j) the actor is a psychotherapist and the complainant is a
patient or former patient and the sexual contact occurred by
means of therapeutic deception. Consent by the complainant is
not a defense;
(k) the actor accomplishes the sexual contact by means of
deception or false representation that the contact is for a bona
fide medical purpose. Consent by the complainant is not a
defense; or
(1) the actor is or purports to be a member of the clergy,
the complainant is not married to the actor, and:
(i) the sexual contact occurred during the course of a
meeting in which the complainant sought or received religious or
spiritual advice, aid, or comfort from the actor in private; or
(ii) the sexual contact occurred during a period of time in
which the complainant was meeting on an ongoing basis with the
actor to seek or receive religious or spiritual advice, aid, or
comfort in private. Consent by the complainant is not a
defense; or
(m) the actor is an employee, independent contractor, or
volunteer of a state, county, city, or privately operated adult
or juvenile correctional system, including, but not limited to,
jails, prisons, detention centers, or work release facilities,
and the complainant is a resident of a facility or under
supervision of the correctional system. Consent by the
complainant is not a defense.
Sec. 24. Minnesota Statutes 2000, section 609.3452,
subdivision 1, is amended to read:
Subdivision 1. [ASSESSMENT REQUIRED.] When a person is
convicted of a violation of section 609.342; 609.343; 609.344;
609.345; 609.3451; 609.746, subdivision 1; 609.79; or 617.23, or
another offense arising out of a charge based on one or more of
those sections sex offense, the court shall order an independent
professional assessment of the offender's need for sex offender
treatment. The court may waive the assessment if: (1) the
sentencing guidelines provide a presumptive prison sentence for
the offender, or (2) an adequate assessment was conducted prior
to the conviction. An assessor providing an assessment for the
court must be experienced in the evaluation and treatment of sex
offenders.
Sec. 25. Minnesota Statutes 2000, section 609.3452, is
amended by adding a subdivision to read:
Subd. 1a. [REPEAT OFFENDERS; MANDATORY ASSESSMENT.] When a
person is convicted of a felony-level sex offense, and the
person has previously been convicted of a sex offense regardless
of the penalty level, the court shall order a sex offender
assessment to be completed by the Minnesota security hospital.
The assessment must contain the facts upon which the assessment
conclusion is based, with reference to the offense history of
the offender or the severity of the current offense, the social
history of the offender, and the results of an examination of
the offender's mental status unless the offender refuses to be
examined. The assessment conclusion may not be based on testing
alone. Upon completion, the assessment must be forwarded to the
court and the commissioner of corrections. The court shall
consider the assessment when sentencing the offender and, if
applicable, when making the preliminary determination regarding
the appropriateness of a civil commitment petition under section
609.1351.
Sec. 26. Minnesota Statutes 2000, section 609.3452, is
amended by adding a subdivision to read:
Subd. 4. [DEFINITION.] As used in this section, "sex
offense" means a violation of section 609.342; 609.343; 609.344;
609.345; 609.3451; 609.746, subdivision 1; 609.79; or 617.23; or
another offense arising out of a charge based on one or more of
those sections.
Sec. 27. Minnesota Statutes 2000, section 611A.19, is
amended to read:
611A.19 [TESTING OF SEX OFFENDER FOR HUMAN IMMUNODEFICIENCY
VIRUS.]
Subdivision 1. [TESTING ON REQUEST OF VICTIM.] (a) Upon
the request or with the consent of the victim, the prosecutor
shall make a motion in camera and the sentencing court shall
issue an order requiring an adult convicted of or a juvenile
adjudicated delinquent for violating section 609.342 (criminal
sexual conduct in the first degree), 609.343 (criminal sexual
conduct in the second degree), 609.344 (criminal sexual conduct
in the third degree), 609.345 (criminal sexual conduct in the
fourth degree), or any other violent crime, as defined in
section 609.1095, to submit to testing to determine the presence
of human immunodeficiency virus (HIV) antibody if:
(1) the crime involved sexual penetration, however slight,
as defined in section 609.341, subdivision 12; or
(2) evidence exists that the broken skin or mucous membrane
of the victim was exposed to or had contact with the offender's
semen or blood during the commission of the crime in a manner
which has been demonstrated epidemiologically to transmit the
human immunodeficiency virus (HIV).
(b) When the court orders an offender to submit to testing
under paragraph (a), the court shall order that the test be
performed by an appropriate health professional who is trained
to provide the counseling described in section 144.7414, and
that no reference to the test, the motion requesting the test,
the test order, or the test results may appear in the criminal
record or be maintained in any record of the court or court
services, except in the medical record maintained by the
department of corrections.
Subd. 2. [DISCLOSURE OF TEST RESULTS.] The date and
results of a test performed under subdivision 1 are private data
as defined in section 13.02, subdivision 12, when maintained by
a person subject to chapter 13, or may be released only with the
subject's consent, if maintained by a person not subject to
chapter 13. The results are available, on request, to the
victim or, if the victim is a minor, to the victim's parent or
guardian and positive test results shall be reported to the
commissioner of health. Any test results given to a victim or
victim's parent or guardian shall be provided by a health
professional who is trained to provide the counseling described
in section 144.7414. Data regarding administration and results
of the test are not accessible to any other person for any
purpose and shall not be maintained in any record of the court
or court services or any other record. After the test results
are given to the victim or the victim's parent or guardian, data
on the test must be removed from any medical data or health
records maintained under section 13.384 or 144.335 and
destroyed, except for those medical records maintained by the
department of corrections.
Sec. 28. Laws 1996, chapter 463, section 16, subdivision
3, as amended by Laws 1997, chapter 238, section 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 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 commissioners of
administration and finance shall inform
the 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. 29. [WORKFORCE REPORTS.]
The department of corrections shall continue to report on
its efforts to recruit a diverse workforce as required in
Minnesota Statutes, section 43A.191.
Sec. 30. [REPEALER.]
Minnesota Statutes 2000, sections 241.016, subdivision 2,
241.19, and 242.51, are repealed.
Sec. 31. [EFFECTIVE DATE.]
Sections 21 to 23 are effective June 1, 2001, and apply to
crimes committed on or after that date. Sections 24 to 26 are
effective the day following final enactment.
Presented to the governor May 25, 2001
Signed by the governor May 29, 2001, 11:36 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes