1.1                          A bill for an act 
  1.2             relating to corrections; requiring all inmates 
  1.3             incarcerated in state or local facilities to work a 
  1.4             minimum of 40 hours per week; specifying the minimum 
  1.5             pay for this work; prohibiting inmates from receiving 
  1.6             monetary compensation for participating in treatment 
  1.7             or education programs; amending Minnesota Statutes 
  1.8             1998, sections 243.18, subdivision 2; and 243.23, 
  1.9             subdivision 1, and by adding subdivisions; proposing 
  1.10            coding for new law in Minnesota Statutes, chapter 641; 
  1.11            repealing Minnesota Statutes 1998, sections 641.07; 
  1.12            and 641.10. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  [FINDINGS AND PURPOSE.] 
  1.15     The legislature finds that requiring inmates in state and 
  1.16  local correctional facilities to work at least 40 hours per week 
  1.17  serves many functions, including developing the inmate's job 
  1.18  skills and work ethic, allowing the inmate to earn money for 
  1.19  restitution and other expenses, and reducing labor and other 
  1.20  costs for the correctional facility and for government services 
  1.21  generally.  The purpose of this act is to achieve these goals. 
  1.22     Sec. 2.  Minnesota Statutes 1998, section 243.18, 
  1.23  subdivision 2, is amended to read: 
  1.24     Subd. 2.  [SANCTION FOR FAILURE TO WORK.] All inmates are 
  1.25  required to work a minimum of 40 hours and a maximum of 50 hours 
  1.26  per week.  The commissioner shall ensure that sufficient and 
  1.27  appropriate work assignments are available to allow inmates to 
  1.28  meet this requirement.  The work may be in or on the grounds of 
  1.29  the facility, upon public roads and streets, public buildings, 
  2.1   public grounds, or any other location deemed suitable by the 
  2.2   commissioner.  An inmate who fails to perform ~~an available~~ a 
  2.3   work assignment or who does not work the required 40 hours in a 
  2.4   week shall be sanctioned either by not earning good time or by 
  2.5   serving a disciplinary confinement period, as appropriate~~, for~~ 
  2.6   ~~any day on which the inmate does not perform the work~~ 
  2.7   ~~assignment~~.  The commissioner may excuse an inmate from work 
  2.8   only for illness~~, physical disability, or to~~.  An inmate with a 
  2.9   physical disability is subject to the requirements of this 
  2.10  section and shall work at tasks that are appropriate given the 
  2.11  inmate's disability.  No inmate may participate in an education 
  2.12  or treatment program unless the inmate meets the minimum work 
  2.13  requirement of this section. 
  2.14     Sec. 3.  Minnesota Statutes 1998, section 243.23, 
  2.15  subdivision 1, is amended to read: 
  2.16     Subdivision 1.  [COMPENSATION.] Notwithstanding any law to 
  2.17  the contrary, the commissioner of corrections may provide for 
  2.18  the payment to inmates of correctional facilities under the 
  2.19  commissioner's management and control any pecuniary compensation 
  2.20  the commissioner deems proper, the amount of compensation to 
  2.21  depend upon the quality and character of the work performed as 
  2.22  determined by the commissioner of corrections and the chief 
  2.23  executive officer.  Inmates who because of illness ~~or physical~~ 
  2.24  ~~disability~~ cannot work may be paid a minimal amount per day as 
  2.25  determined by the commissioner.  These earnings shall be paid 
  2.26  out of the fund provided for the carrying on of the work in 
  2.27  which the inmate is engaged when employed on state account, or 
  2.28  from the current expense fund of the facility as the 
  2.29  commissioner of corrections determines. 
  2.30     Sec. 4.  Minnesota Statutes 1998, section 243.23, is 
  2.31  amended by adding a subdivision to read: 
  2.32     Subd. 1a.  [MINIMUM PAY; INCENTIVES.] Notwithstanding 
  2.33  subdivision 1, the commissioner shall pay every inmate working 
  2.34  as provided in section 243.18, subdivision 2, a minimum of 40 
  2.35  cents per hour.  The commissioner shall ensure that the 
  2.36  department's pay structure and disciplinary rules for inmates 
  3.1   provide suitable incentives for inmates to perform their work 
  3.2   assignments satisfactorily and to reward inmates who perform 
  3.3   their assignments in a superior manner. 
  3.4      Sec. 5.  Minnesota Statutes 1998, section 243.23, is 
  3.5   amended by adding a subdivision to read: 
  3.6      Subd. 1b.  [NO PAY FOR EDUCATION OR TREATMENT.] No inmate 
  3.7   may receive any financial compensation for participating in an 
  3.8   education or treatment program. 
  3.9      Sec. 6.  [641.075] [INMATES IN LOCAL CORRECTIONAL 
  3.10  FACILITIES REQUIRED TO WORK.] 
  3.11     Subdivision 1.  [DEFINITION.] As used in this section, 
  3.12  "local adult detention facilities" include county and regional 
  3.13  jails, workhouses, and city lockups.  
  3.14     Subd. 2.  [WORK REQUIREMENT.] All inmates incarcerated in 
  3.15  local adult detention facilities following conviction for a 
  3.16  crime shall work a minimum of 40 hours and a maximum of 50 hours 
  3.17  per week.  The facility head shall ensure that sufficient and 
  3.18  appropriate work assignments are available to allow inmates to 
  3.19  meet this requirement.  The work may be in or on the grounds of 
  3.20  the facility, upon public roads and streets, public buildings, 
  3.21  public grounds, or any other location deemed suitable by the 
  3.22  facility head.  An inmate who fails to perform a work assignment 
  3.23  or who does not work the required 40 hours in a week shall be 
  3.24  sanctioned either by not earning good time or by serving a 
  3.25  disciplinary confinement period, as appropriate.  The facility 
  3.26  head may excuse an inmate from work only for illness.  An inmate 
  3.27  with a physical disability is subject to the requirements of 
  3.28  this section and shall work at tasks that are appropriate given 
  3.29  the inmate's disability.  No inmate may participate in an 
  3.30  education program, treatment program, or a productive day 
  3.31  initiative program under section 241.275 unless the inmate meets 
  3.32  the minimum work requirement of this section. 
  3.33     Subd. 3.  [MINIMUM PAY; INCENTIVES.] Inmates working as 
  3.34  provided in this section shall be paid a minimum of 40 cents per 
  3.35  hour.  The facility head shall ensure that the pay structure and 
  3.36  disciplinary rules in place at the facility provide suitable 
  4.1   incentives for inmates to perform their work assignments 
  4.2   satisfactorily and to reward inmates who perform their 
  4.3   assignments in a superior manner. 
  4.4      Subd. 4.  [NO PAY FOR EDUCATION OR TREATMENT.] No inmate 
  4.5   may receive any financial compensation for participating in an 
  4.6   education or treatment program. 
  4.7      Sec. 7.  [REPEALER.] 
  4.8      Minnesota Statutes 1998, sections 641.07; and 641.10, are 
  4.9   repealed. 
  4.10     Sec. 8.  [EFFECTIVE DATE.] 
  4.11     Sections 1 to 7 are effective July 1, 2000.