language to be deleted (2) new language
Laws of Minnesota 1983 CHAPTER 264--H.F.No. 582 An act relating to corrections; clarifying the powers of the commissioner of corrections; limiting certain inmate functions; authorizing the use of necessary force to prevent escape; providing for the costs of transporting juvenile delinquents committed to the commissioner of corrections; providing for supervision of gross misdemeanant probations; removing archaic language; amending Minnesota Statutes 1982, sections 241.01, subdivision 3a; 241.23; 242.31, subdivisions 1 and 3; 243.17, subdivision 1; 243.52; 243.58; 243.62; 609.135, subdivision 1; and 624.714, subdivision 13. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 1982, section 241.01, subdivision 3a, is amended to read: Subd. 3a. [COMMISSIONER, POWERS AND DUTIES.] The commissioner of corrections
shall havehas the following powers and duties: (a) To accept persons committed to him by the courts of this state for care, custody, and rehabilitation. (b) To determine the place of confinement of committed persons in a correctional facility or other facility of the department of corrections and to prescribe reasonable conditions ,and rules , and regulationsfor their employment, conduct, instruction, and discipline within or withoutoutside the facility. Inmates shall not exercise custodial functions or have authority over other inmates or. Inmates may serve on the board of directors or hold anyan executive position subordinate to correctional staff in any corporation, private industry or educational program located on the grounds of, or conducted within, a state correctional facility with written permission from the chief executive officer of the facility. (c) To administer the money and property of the department. (d) To administer, maintain, and inspect all state correctional facilities. (e) To transfer authorized positions and personnel between state correctional facilities as necessary to properly staff facilities and programs. (f) To utilize state correctional facilities in the manner he determinesdeemed to be most efficient and beneficial in the accomplishment of theseto accomplish the purposes of this section, but not to close the Minnesota correctional facility-Stillwater or the Minnesota correctional facility-St. Cloud without legislative approval. The commissioner may place juveniles and adults at the same state minimum security correctional facilities, if there is total separation of and no regular contact between juveniles and adults, except contact incidental to admission, classification, and mental and physical health care. (g) To organize the department and employ personnel he deems necessary to discharge the functions of the department, including a chief executive officer for each facility under his control who shall serve in the unclassified civil service and may, under the provisions of section 43A.33, be removed only for cause, and two internal affairs officers for security who shall be in the unclassified civil service. (h) To define the duties of these employees and to delegate to them any of his powers, duties and responsibilities, subject to his control and the conditions he prescribes. (i) To annually develop a comprehensive set of goals and objectives designed to clearly establish the priorities of the department of corrections. This report shall be submitted to the governor and the state legislature commencing January 1, 1976. The commissioner shall have the power tomay establish ad hoc advisory committees. Sec. 2. Minnesota Statutes 1982, section 241.23, is amended to read: 241.23 [ WARDENCHIEF EXECUTIVE OFFICER TO MAKE SELECTION.] When convicts may be requiredinmates are to be used in any work as provided for inauthorized by sections 241.20 to 241.23, they shall be selected, with the approval of the commissioner of corrections, by the chief executive officer of the Minnesota correctional facility-Stillwater or the Minnesota correctional facility-St. Cloudany state adult correctional facility, in the following manner and order of preference: (1) Suitable paroled convicts who are being detained awaiting private employmentinmates of state adult minimum security facilities; (2) ConvictsInmates who are not habitual offenders or guilty of heinous crimes and who, in the opinion of the chief executive officers of the facilities, are not incorrigible and who are physically capable and otherwise suitable for the character of the work provided for in sections 241.20 to 241.23. Sec. 3. Minnesota Statutes 1982, section 242.31, subdivision 1, is amended to read: Subdivision 1. Whenever a person who has been committed to the custody of the commissioner of corrections upon conviction of a crime following reference for prosecution under the provisions of section 260.125 is finally discharged from his control by order of the Minnesota corrections boardcommissioner, that discharge shall restore thatthe person to all civil rights and, if so ordered by the Minnesota corrections boardcommissioner of corrections, also shall have the effect of setting aside the conviction, nullifying the same and of purging that person thereof. The Minnesota corrections boardcommissioner shall file a copy of the order with the district court of the county in which the conviction occurred , whereupon; upon receipt, the court shall order the conviction set aside. Sec. 4. Minnesota Statutes 1982, section 242.31, subdivision 3, is amended to read: Subd. 3. The Minnesota corrections boardcommissioner of corrections shall file a copy thereofof the order with the district court of the county in which the conviction occurred , whereupon; upon receipt, the court shall order the conviction set aside and all records pertinent to the conviction sealed. These records shall only be reopened in the case of a judicial criminal proceeding thereafterinstituted at a later date. The term "records" shall includeincludes, but is not limited to, all matters, files, documents and papers incident to the arrest, indictment, information, complaint, trial, appeal, dismissal and discharge, which relate to the conviction for which the order was issued. Sec. 5. Minnesota Statutes 1982, section 243.17, subdivision 1, is amended to read: Subdivision 1. [ALLOWED EXPENSES.] The necessary expenses of sheriffs and other peace officers incurred in conveying convictsconvicted persons and children adjudicated delinquent and committed to the custody of the commissioner of corrections to the Minnesota correctional facility-Stillwater or the Minnesota correctional facility-St. Cloudthe appropriate adult or juvenile correctional facility as designated by the commissioner of corrections, including per diem and expenses of guards, shall be approvedallowed by the commissioner of finance and paid out of the state treasury. The commissioner of finance may allow for such expensesand pay for the necessary expenses incurred by the sheriff or, deputy, or other peace officer in going to and returning from the Minnesota correctional facility-Stillwater or the Minnesota correctional facility-St. Cloudcorrectional facility and $10 per day for each guard , and such sum as is necessary for railroad fare and actual traveling expenses. Not more than one guard shall be allowed for one prisoner, but one additional guard shall be allowed for every two additional prisoners. In any county wherein the sheriff is paid upon a fee basis, he shall also receive $10 for each day necessarily spent in conveying prisoners to the Minnesota correctional facility-Stillwater or the Minnesota correctional facility-St. Cloud.All bills shall be renderedin writing, fully itemized, verified, and accompanied by the receipt of the chief executive officer of the Minnesota correctional facility-Stillwater or the Minnesota correctional facility-St. Cloudfacility for the delivery of such convict or convictsthe convicted or adjudicated persons, in a form prescribed by the commissioner of finance. Sec. 6. Minnesota Statutes 1982, section 243.52, is amended to read: 243.52 [DISCIPLINE; PREVENTION OF ESCAPE.] If any convict shall offer violence toinmate of any state adult correctional facility assaults any officer, guard, or any other person or convictinmate, hethe assaulted person may defend himself in any manner and by any means which may appear to be necessary under the circumstancesby the use of force. If any such convict shall attemptinmate attempts to injuredamage the buildings or appurtenances, or to resistresists the lawful authority of any officer or guard, or shall refuserefuses to obey his reasonable demands, suchor attempts to escape, the officer or guard may enforce obedience and discipline in such manner as may appear necessary; and,or prevent escape by the use of force. If in so doing,any convict soinmate resisting lawful authority shall be necessarilyis wounded or killed by suchthe use of force by the officer, guard, or assistants, he shall be held justifiedthat conduct is authorized under this section. As used in this section, "use of force" means conduct which is authorized by sections 609.06 to 609.066. An officer or guard may use force in the same manner as authorized for peace officers under sections 609.06 to 609.066. Sec. 7. Minnesota Statutes 1982, section 243.58, is amended to read: 243.58 [ REWARD FOR ESCAPED INMATEESCAPED INMATES; WARRANT; REWARD.] Upon the escape ofIf an inmate escapes from any state correctional facility under the control of the commissioner of corrections, the commissioner shall issue a warrant directed to any peace officer requiring that the fugitive be taken into immediate custody and returned to any state correctional facility designated by the commissioner. The chief executive officer of the facility from which the escape occurred shall use all proper means to apprehend and return the escapee, which may include the offer of a reward of not more than $100 to be paid from the state treasury, for information leading to the arrest and return to custody of the escapee. Sec. 8. Minnesota Statutes 1982, section 243.62, is amended to read: 243.62 [SELLING OF LABOR OF CONVICTSINMATES PROHIBITED.] It shall beis unlawful for the commissioner of corrections, or the chief executive officer of the Minnesota correctional facility-Stillwaterof any state adult correctional facility, or any person exercising control of or supervision over any convictinmate sentenced to and confined in the facility to enter into any contract or agreement, or any arrangement, wherebyin which the labor or service of the convictinmate is either sold or leased or otherwise disposed of for hire to any person or to any party. Sec. 9. Minnesota Statutes 1982, section 609.135, subdivision 1, is amended to read: Subdivision 1. Except when a sentence of life imprisonment is required by law, or when a mandatory minimum term of imprisonment is required by section 609.11, any court may stay imposition or execution of sentence and place the defendant on probation with or without supervision and on the terms the court prescribes, including restitution when practicable. The court may order the supervision to be under the probation officer of the court, or, if there is none and the conviction is for a felony or gross misdemeanor, by the commissioner of corrections, or in any case by some other suitable and consenting person. A court may not stay the revocation of the driver's license of a person convicted of violating the provisions of section 169.121. Sec. 10. Minnesota Statutes 1982, section 624.714, subdivision 13, is amended to read: Subd. 13. [EXEMPTIONS , PRISON GUARDS; ADULT CORRECTIONAL FACILITY OFFICERS.] A permit to carry a pistol is not required of a guard atany officer of a state adult correctional institutionfacility when on guard duty or otherwise engaged in an assigned duty. Sec. 11. [EFFECTIVE DATE.] Sections 1 to 10 are effective the day following final enactment. Approved June 6, 1983
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