1998 Minnesota Statutes

CHAPTER 243. Corrections; adults

  243.01 Repealed, 1963 c 753 art 2 s 17 

  243.02 Repealed, 1973 c 654 s 14 

  243.03 Repealed, 1973 c 654 s 14 

  243.04 Repealed, 1973 c 654 s 14 

     243.05 Commissioner of corrections; powers, limitations. 

    Subdivision 1.    Conditional release.  (a) The 
 commissioner of corrections may parole any person sentenced to 
 confinement in any state correctional facility for adults under 
 the control of the commissioner of corrections, provided that:  

    (1) no inmate serving a life sentence for committing murder 
 before May 1, 1980, other than murder committed in violation of 
 clause (1) of section 609.185 who has not been previously 
 convicted of a felony shall be paroled without having served 20 
 years, less the diminution that would have been allowed for good 
 conduct had the sentence been for 20 years; 

    (2) no inmate serving a life sentence for committing murder 
 before May 1, 1980, who has been previously convicted of a 
 felony or though not previously convicted of a felony is serving 
 a life sentence for murder in the first degree committed in 
 violation of clause (1) of section 609.185 shall be paroled 
 without having served 25 years, less the diminution which would 
 have been allowed for good conduct had the sentence been for 25 
 years; 

    (3) any inmate sentenced prior to September 1, 1963, who 
 would be eligible for parole had the inmate been sentenced after 
 September 1, 1963, shall be eligible for parole; and 

    (4) any new rule or policy or change of rule or policy 
 adopted by the commissioner of corrections which has the effect 
 of postponing eligibility for parole has prospective effect only 
 and applies only with respect to persons committing offenses 
 after the effective date of the new rule or policy or change.  

    (b) Upon being paroled and released, an inmate is and 
 remains in the legal custody and under the control of the 
 commissioner, subject at any time to be returned to a facility 
 of the department of corrections established by law for the 
 confinement or treatment of convicted persons and the parole 
 rescinded by the commissioner.  

    (c) The written order of the commissioner of corrections, 
 is sufficient authority for any peace officer, state 
 correctional investigator, or state parole and probation agent 
 to retake and place in actual custody any person on parole or 
 supervised release.  In addition, when it appears necessary in 
 order to prevent escape or enforce discipline, any state parole 
 and probation agent or state correctional investigator may, 
 without order of warrant, take and detain a parolee or person on 
 supervised release or work release and bring the person to the 
 commissioner for action.  

    (d) The written order of the commissioner of corrections is 
 sufficient authority for any peace officer, state correctional 
 investigator, or state parole and probation agent to retake and 
 place in actual custody any person on probation under the 
 supervision of the commissioner pursuant to section 609.135.  
 Additionally, when it appears necessary in order to prevent 
 escape or enforce discipline, any state parole and probation 
 agent or state correctional investigator may, without an order, 
 retake and detain a probationer and bring the probationer before 
 the court for further proceedings under section 609.14.  

    (e) The written order of the commissioner of corrections is 
 sufficient authority for any peace officer, state correctional 
 investigator, or state parole and probation agent to detain any 
 person on pretrial release who absconds from pretrial release or 
 fails to abide by the conditions of pretrial release.  

    (f) Persons conditionally released, and those on probation 
 under the supervision of the commissioner of corrections 
 pursuant to section 609.135 may be placed within or outside the 
 boundaries of the state at the discretion of the commissioner of 
 corrections or the court, and the limits fixed for these persons 
 may be enlarged or reduced according to their conduct. 

    (g) Except as otherwise provided in subdivision 1b, in 
 considering applications for conditional release or discharge, 
 the commissioner is not required to hear oral argument from any 
 attorney or other person not connected with an adult 
 correctional facility of the department of corrections in favor 
 of or against the parole or release of any inmates.  The 
 commissioner may institute inquiries by correspondence, taking 
 testimony, or otherwise, as to the previous history, physical or 
 mental condition, and character of the inmate and, to that end, 
 has the authority to require the attendance of the chief 
 executive officer of any state adult correctional facility and 
 the production of the records of these facilities, and to compel 
 the attendance of witnesses.  The commissioner is authorized to 
 administer oaths to witnesses for these purposes. 

    (h) Unless the district court directs otherwise, state 
 parole and probation agents may require a person who is under 
 the supervision of the commissioner of corrections to perform 
 community work service for violating a condition of probation 
 imposed by the court.  Community work service may be imposed for 
 the purpose of protecting the public, to aid the offender's 
 rehabilitation, or both.  Agents may impose up to eight hours of 
 community work service for each violation and up to a total of 
 24 hours per offender per 12-month period, beginning with the 
 date on which community work service is first imposed.  The 
 commissioner may authorize an additional 40 hours of community 
 work services, for a total of 64 hours per offender per 12-month 
 period, beginning with the date on which community work service 
 is first imposed.  At the time community work service is 
 imposed, parole and probation agents are required to provide 
 written notice to the offender that states: 

    (1) the condition of probation that has been violated; 

    (2) the number of hours of community work service imposed 
 for the violation; and 

    (3) the total number of hours of community work service 
 imposed to date in the 12-month period. 

    An offender may challenge the imposition of community work 
 service by filing a petition in district court.  An offender 
 must file the petition within five days of receiving written 
 notice that community work service is being imposed.  If the 
 offender challenges the imposition of community work service, 
 the state bears the burden of showing, by a preponderance of the 
 evidence, that the imposition of community work service is 
 reasonable under the circumstances.  

    Community work service includes sentencing to service.  

    Subd. 1a.    Detention of felons who flee pending 
 sentencing.  The commissioner of corrections shall assist law 
 enforcement agencies in locating and taking into custody any 
 person who has been convicted of a felony for which a prison 
 sentence is presumed under the sentencing guidelines and 
 applicable statutes, and who absconds pending sentencing in 
 violation of the conditions of release imposed by the court 
 under rule 27.01 of the Rules of Criminal Procedure.  The 
 written order of the commissioner of corrections is sufficient 
 authority for any state parole and probation agent to take the 
 person into custody without a warrant and to take the person 
 before the court without further delay. 

    Subd. 1b.    Victim's rights.  (a) This subdivision 
 applies to parole decisions relating to inmates convicted of 
 first degree murder who are described in subdivision 1, clauses 
 (a) and (b).  As used in this subdivision, "victim" means the 
 murder victim's surviving spouse or next of kin. 

    (b) The commissioner shall make reasonable efforts to 
 notify the victim, in advance, of the time and place of the 
 inmate's parole review hearing.  The victim has a right to 
 submit an oral or written statement at the review hearing.  The 
 statement may summarize the harm suffered by the victim as a 
 result of the crime and give the victim's recommendation on 
 whether the inmate should be paroled at that time.  The 
 commissioner must consider the victim's statement when making 
 the parole decision. 

    Subd. 2.    Rules.  The commissioner of corrections may 
 adopt rules in accordance with chapter 14, the Administrative 
 Procedure Act, governing the procedures for granting of 
 conditional release and final discharge.  The rules may provide 
 for the conduct and employment of persons conditionally 
 released, and other matters necessary to implement the duties 
 conferred by law upon the commissioner with respect to 
 conditional release and discharge of persons.  For purposes of 
 this subdivision, "conditional release" means a person on 
 parole, work release, or supervised release. 

    Subd. 3.    Duty of commissioner; final discharge.  It 
 is the duty of the commissioner of corrections to keep in 
 communication, as far as possible, with all persons who are on 
 parole and with their employers.  The commissioner may grant a 
 person on parole a final discharge from any sentence when: 

    (a) the person on parole has complied with the conditions 
 of parole for a period of time sufficient to satisfy the 
 commissioner that the parolee is reliable and trustworthy; 

    (b) the commissioner is satisfied the person on parole will 
 remain at liberty without violating the law; and 

    (c) final discharge is not incompatible with the welfare of 
 society.  

    Upon the granting of a final discharge, the commissioner 
 shall issue a certificate of final discharge to the person 
 discharged and also cause a record of the acts of the inmate to 
 be made.  The record shall show the date of the inmate's 
 confinement, the inmates's record while in prison, the date of 
 parole, the inmate's record while on parole, reasons underlying 
 the decision for final discharge, and other facts which the 
 commissioner regards as appropriate.  Nothing in this section or 
 section 244.05 shall be construed as impairing the power of the 
 board of pardons to grant a pardon or commutation in any case.  

    Subd. 4.    Hearing officers; powers; duties.  To carry 
 out the powers and duties conferred by this section, the 
 commissioner of corrections may designate from among staff 
 members, one or more hearing officers and delegate to them any 
 of the powers and duties conferred by this section.  In the 
 exercise of their delegated powers and duties the hearing 
 officers shall be subject to the rules prescribed by the 
 commissioner of corrections.  

    Subd. 5.    Deputization of out-of-state agents.  The 
 commissioner of corrections may deputize any person regularly 
 employed by another state to act as an officer and agent of this 
 state in effecting the return of any person who has violated the 
 terms and conditions of parole or probation as granted by this 
 state.  In any matter relating to the return of that person, any 
 agent so deputized has all the powers of a police officer of 
 this state.  Any deputization pursuant to this subdivision shall 
 be in writing and carried by the agent as formal evidence of 
 deputization and must be produced upon demand.  Subject to the 
 approval of the commissioner of finance, the commissioner of 
 corrections may enter into contracts with similar officials of 
 any other state for the purpose of sharing an equitable portion 
 of the cost of effecting the return of any person who has 
 violated the terms and conditions of release or probation as 
 granted by this state.  

    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. 

    HIST: (10770) 1911 c 298 s 6; 1931 c 161 s 4; 1935 c 110 s 2; 
 1951 c 682 s 1; 1955 c 261 s 1; 1959 c 263 s 3; 1959 c 590 s 1; 
 1963 c 753 art 2 s 2; 1967 c 398 s 4; 1967 c 426 s 2; 1971 c 59 
 s 1; 1971 c 204 s 1; 1973 c 654 s 15; 1975 c 271 s 6; 1979 c 102 
 s 13; 1980 c 417 s 9; 1981 c 192 s 12; 1983 c 274 s 4; 1986 c 
 444; 1989 c 290 art 2 s 2; 1994 c 636 art 6 s 6-8; 1998 c 367 
 art 7 s 1 

     243.055 Computer restrictions. 

    Subdivision 1.    Restrictions to use of online services. 
  If the commissioner believes a significant risk exists that a 
 parolee, state-supervised probationer, or individual on 
 supervised release may use an Internet service or online service 
 to engage in criminal activity or to associate with individuals 
 who are likely to encourage the individual to engage in criminal 
 activity, the commissioner may impose one or more of the 
 following conditions: 

    (1) prohibit the individual from possessing or using a 
 computer with access to an Internet service or online service 
 without the prior written approval of the commissioner; 

    (2) prohibit the individual from possessing or using any 
 data encryption technique or program; 

    (3) require the individual to consent to periodic 
 unannounced examinations of the individual's computer equipment 
 by a parole or probation agent, including the retrieval and 
 copying of all data from the computer and any internal or 
 external peripherals and removal of such equipment to conduct a 
 more thorough inspection; 

    (4) require consent of the individual to have installed on 
 the individual's computer, at the individual's expense, one or 
 more hardware or software systems to monitor computer use; and 

    (5) any other restrictions the commissioner deems necessary.

    Subd. 2.    Restrictions on computer use.  If the 
 commissioner believes a significant risk exists that a parolee, 
 state-supervised probationer, or individual on supervised 
 release may use a computer to engage in criminal activity or to 
 associate with individuals who are likely to encourage the 
 individual to engage in criminal activity, the commissioner may 
 impose one or more of the following restrictions: 

    (1) prohibit the individual from accessing through a 
 computer any material, information, or data that relates to the 
 activity involved in the offense for which the individual is on 
 probation, parole, or supervised release; 

    (2) require the individual to maintain a daily log of all 
 addresses the individual accesses through computer other than 
 for authorized employment and to make this log available to the 
 individual's parole or probation agent; 

    (3) provide all personal and business telephone records to 
 the individual's parole or probation agent upon request, 
 including written authorization allowing the agent to request a 
 record of all of the individual's outgoing and incoming 
 telephone calls from any telephone service provider; 

    (4) prohibit the individual from possessing or using a 
 computer that contains an internal modem and from possessing or 
 using an external modem without the prior written consent of the 
 commissioner; 

    (5) prohibit the individual from possessing or using any 
 computer, except that the individual may, with the prior 
 approval of the individual's parole or probation agent, use a 
 computer in connection with authorized employment; 

    (6) require the individual to consent to disclosure of the 
 computer-related restrictions that the commissioner has imposed 
 to any employer or potential employer; and 

    (7) any other restrictions the commissioner deems necessary.

    Subd. 3.    Limits on restriction.  In imposing 
 restrictions, the commissioner shall take into account that 
 computers are used for numerous, legitimate purposes and that, 
 in imposing restrictions, the least restrictive condition 
 appropriate to the individual shall be used. 

    HIST: 1997 c 239 art 9 s 18 

  243.06 Repealed, 1981 c 192 s 21 

  243.07 Repealed, 1983 c 274 s 19 

  243.08 Repealed, 1969 c 9 s 98 

  243.09 Repealed, 1983 c 274 s 19 

  243.10 Repealed, 1983 c 274 s 19 

  243.11 Repealed, 1963 c 753 art 2 s 17 

  243.12 Repealed, 1983 c 274 s 19 

  243.13 MS 1974 Expired 

  243.14 Repealed, 1983 c 274 s 19 

     243.15 Female prisoners; pregnant.  

    When it shall be made to appear by the properly verified 
 petition of any woman, who has been sentenced to imprisonment in 
 a penal institution in this state and is in prison thereunder, 
 that she is about to give birth to a child, the commissioner of 
 corrections, if satisfied of the truth of the petition, shall 
 order the transfer of such woman to a public hospital to be 
 designated in the order, there to be detained under such guard 
 and under such rules as the commissioner shall make in the order 
 of transfer until the birth of the child and the recovery of the 
 mother to such an extent that the imprisonment may be resumed 
 without danger of serious impairment of her health.  

    The commissioner of corrections shall adopt such proper 
 rules as may be necessary to carry out the purposes of this 
 section.  

    HIST: (10771) 1923 c 165 s 1; 1959 c 263 s 2; 1985 c 248 s 70; 
 1986 c 444 

     243.16 Interstate Compact for the Supervision of 
  Parolees and Probationers.  

    Subdivision 1.  The governor is hereby authorized and 
 empowered to enter into compacts and agreements with other 
 states, through their duly constituted authorities, in reference 
 to reciprocal supervision of persons on parole or probation and 
 for the reciprocal return of such persons to the contracting 
 states for violation of the terms of their parole or probation, 
 and for the purpose of carrying out the provisions of this 
 section the commissioner of corrections or his designee is 
 designated the official administrator of the interstate compact 
 for the state of Minnesota.  

    Subd. 2.  Such compact and agreement shall be in the form 
 substantially as follows: 

              INTERSTATE COMPACT FOR THE SUPERVISION 
                   OF PAROLEES AND PROBATIONERS 
                            A COMPACT 

    Entered into by and among the contracting states 
 signatories hereto, with the consent of the Congress of the 
 United States of America, granted by an act entitled "An act 
 granting the consent of Congress to any two or more states to 
 enter into agreements or compacts for cooperative effort and 
 mutual assistance in the prevention of crime and for other 
 purposes."  

    The contracting states solemnly agree: 

    (1) That it shall be competent for the duly constituted 
 judicial and administrative authorities of a state party to this 
 compact (herein called "sending state"), to permit any person 
 convicted of an offense within such state and placed on 
 probation or released on parole to reside in any other state 
 party to this compact (herein called "receiving state"), while 
 on probation or parole, if 

    (a) Such person is in fact a resident of or has his family 
 residing within the receiving state and can obtain employment 
 there; 

    (b) Though not a resident of the receiving state and not 
 having his family residing there, the receiving state consents 
 to such person being sent there.  

    Before granting such permission, opportunity shall be 
 granted to the receiving state to investigate the home and 
 prospective employment of such person.  

    A resident of the receiving state, within the meaning of 
 this section, is one who has been an actual inhabitant of such 
 state continuously for more than one year prior to his coming to 
 the sending state and has not resided within the sending state 
 more than six continuous months immediately preceding the 
 commission of the offense for which he has been convicted.  

    (2) That each receiving state will assume the duties of 
 visitation of and supervision over probationers or parolees of 
 any sending state and in the exercise of those duties will be 
 governed by the same standards that prevail for its own 
 probationers and parolees.  

    (3) That duly accredited officers of a sending state may at 
 all times enter a receiving state and there apprehend and retake 
 any person on probation or parole.  For that purpose no 
 formalities will be required other than establishing the 
 authority of the officer and the identity of the person to be 
 retaken.  All legal requirements to obtain extradition of 
 fugitives from justice are hereby expressly waived on the part 
 of states party hereto, as to such persons.  The decision of the 
 sending state to retake a person on probation or parole shall be 
 conclusive upon and not reviewable within the receiving state, 
 Provided, however, That if at the time when a state seeks to 
 retake a probationer or parolee there should be pending against 
 him within the receiving state any criminal charge, or he should 
 be suspected of having committed within such state a criminal 
 offense, he shall not be retaken without the consent of the 
 receiving state until discharged from prosecution or from 
 imprisonment for such offense.  

    (4) That the duly accredited officers of the sending state 
 will be permitted to transport prisoners being retaken through 
 any and all states parties to this compact, without interference.

    (5) That the governor of each state may designate an 
 officer who, acting jointly with like officers of other 
 contracting states, if and when appointed, shall promulgate such 
 rules and regulations as may be deemed necessary to more 
 effectively carry out the terms of this compact.  

    (6) That this compact shall become operative immediately 
 upon its execution by any state as between it and any other 
 state or states so executing.  When executed it shall have the 
 full force and effect of law within such state, the form of 
 execution to be in accordance with the laws of the executing 
 state.  

    (7) That this compact shall continue in force and remain 
 binding upon each executing state until renounced by it.  The 
 duties and obligations hereunder of a renouncing state shall 
 continue as to parolees or probationers residing therein at the 
 time of withdrawal until retaken or finally discharged by the 
 sending state.  Renunciation of this compact shall be by the 
 same authority which executed it, by sending six months' notice 
 in writing of its intention to withdraw from the compact to the 
 other state party hereto.  

    Subd. 3.  If any section, sentence, subdivision or clause 
 of this section is for any reason held invalid or to be 
 unconstitutional, such decision shall not affect the validity of 
 the remaining portions of this section.  

    Subd. 4.  (a) Whenever the duly constituted judicial and 
 administrative authorities in a sending state shall determine 
 that incarceration of a probationer or reincarceration of a 
 parolee is necessary or desirable, said officials may direct 
 that the incarceration or reincarceration be in a prison or 
 other correctional institution within the territory of the 
 receiving state, such receiving state to act in that regard 
 solely as agent for the sending state.  

    (b) As used in this amendment, the term "receiving state" 
 shall be construed to mean any state, other than the sending 
 state, in which a parolee or probationer may be found, provided 
 that said state is a party to this amendment.  

    (c) Every state which adopts this amendment shall designate 
 at least one of its correctional institutions as a "Compact 
 Institution" and shall incarcerate persons therein as provided 
 in subdivisions 1 and 2 unless the sending and receiving state 
 in question shall make specific contractual arrangements to the 
 contrary.  All states party to this amendment shall have access 
 to "Compact Institutions" at all reasonable hours for the 
 purpose of inspecting the facilities thereof and for the purpose 
 of visiting such of said state's prisoners as may be confined in 
 the institution.  

    (d) Persons confined in "Compact Institutions" pursuant to 
 the terms of this compact shall at all times be subject to the 
 jurisdiction of the sending state and may at any time be removed 
 from said "Compact Institution" for transfer to a prison or 
 other correctional institution within the sending state, for 
 return to probation or parole, for discharge, or for any other 
 purpose permitted by the laws of the sending state.  

    (e) All persons who may be confined in a "Compact 
 Institution" pursuant to the provisions of this amendment shall 
 be treated in a reasonable and humane manner.  The fact of 
 incarceration or reincarceration in a receiving state shall not 
 deprive any person so incarcerated or reincarcerated of any 
 rights which said person would have had if incarcerated or 
 reincarcerated in an appropriate institution of the sending 
 state; nor shall any agreement to submit to incarceration or 
 reincarceration pursuant to the terms of this amendment be 
 construed as a waiver of any rights which the prisoner would 
 have had if he had been incarcerated or reincarcerated in any 
 appropriate institution of the sending state, except that the 
 hearing or hearings, if any, to which a parolee or probationer 
 may be entitled (prior to incarceration or reincarceration) by 
 the laws of the sending state may be had before the appropriate 
 judicial or administrative officers of the receiving state.  In 
 this event, said judicial and administrative officers shall act 
 as agents of the sending state after consultation with 
 appropriate officers of the sending state.  

    (f) Any receiving state incurring costs or other expenses 
 under this amendment shall be reimbursed in the amount of such 
 costs or other expenses by the sending state unless the states 
 concerned shall specifically otherwise agree.  Any two or more 
 states party to this amendment may enter into supplementary 
 agreements determining a different allocation of costs as among 
 themselves.  

    (g) This amendment shall take effect when ratified by any 
 two or more states party to the compact and shall be effective 
 as to those states which have specifically ratified this 
 amendment.  Rules and regulations necessary to effectuate the 
 terms of this amendment may be promulgated by the appropriate 
 officers of those states which have ratified this amendment.  

    Subd. 5.  Copies of this section shall, upon its approval, 
 be transmitted to the governor of each member state, the 
 attorney general and the administrator of general services of 
 the United States, and The Council of State Governments.  

    Subd. 6.  (1) Where supervision of a parolee or probationer 
 is being administered pursuant to the Interstate Compact for the 
 Supervision of Parolees and Probationers, the appropriate 
 judicial or administrative authorities in this state shall 
 notify the compact administrator of the sending state whenever, 
 in their view, consideration should be given to retaking or 
 reincarceration for a parole or probation violation.  Prior to 
 the giving of any such notification, a hearing shall be held in 
 accordance with this subdivision within a reasonable time, 
 unless such hearing is waived by the parolee or probationer.  
 The appropriate officer or officers of this state shall as soon 
 as practicable, following termination of any such hearing, 
 report to the sending state, furnish a copy of the hearing 
 record, and make recommendations regarding the disposition to be 
 made of the parolee or probationer by the sending state.  
 Pending any proceeding pursuant to this section, the appropriate 
 officers of this state may take custody of and detain the 
 parolee or probationer involved for a period not to exceed 15 
 days prior to the hearing and, if it appears to the hearing 
 officer or officers that retaking or reincarceration is likely 
 to follow, for such reasonable period after the hearing or 
 waiver as may be necessary to arrange for the retaking or 
 reincarceration.  

    (2) Any hearing pursuant to this subdivision may be before 
 the administrator of the Interstate Compact for the Supervision 
 of Parolees and Probationers, a deputy of such administrator, or 
 any other person authorized pursuant to the laws of this state 
 to hear cases of alleged parole or probation violations, except 
 that no hearing officer shall be the person making the 
 allegation of violation.  

    (3) With respect to any hearing pursuant to this 
 subdivision, the parolee or probationer: 

    (a) Shall have reasonable notice in writing of the nature 
 and content of the allegations to be made, including notice that 
 its purpose is to determine whether there is probable cause to 
 believe that he has committed a violation that may lead to a 
 revocation of parole or probation.  

    (b) Shall be permitted to advise with any persons whose 
 assistance he reasonably desires, prior to the hearing.  

    (c) Shall have the right to confront and examine any 
 persons who have made allegations against him, unless the 
 hearing officer determines that such confrontation would present 
 a substantial present or subsequent danger of harm to such 
 person or persons.  

    (d) May admit, deny or explain the violation alleged and 
 may present proof, including affidavits and other evidence, in 
 support of his contentions.  A record of the proceedings shall 
 be made and preserved.  

    (4) In any case of alleged parole or probation violation by 
 a person being supervised in another state pursuant to the 
 Interstate Compact for the Supervision of Parolees and 
 Probationers, any appropriate judicial or administrative officer 
 or agency in another state is authorized to hold a hearing on 
 the alleged violation.  Upon receipt of the record of a parole 
 or probation violation hearing held in another state pursuant to 
 a statute substantially similar to this subdivision, such record 
 shall have the same standing and effect as though the proceeding 
 of which it is a record was had before the appropriate officer 
 or officers in this state, and any recommendations contained in 
 or accompanying the record shall be fully considered by the 
 appropriate officer or officers of this state in making 
 disposition of the matter.  

    (5) Copies of this subdivision shall, upon its approval, be 
 distributed as provided in subdivision 5.  

    HIST: (10778-1) 1935 c 257 s 1; 1955 c 261 s 1; 1955 c 262 s 
 1; 1959 c 263 s 3; 1969 c 596 s 1-4; 1973 c 84 s 1; 1974 c 126 s 
 1 

     243.161 Residing in Minnesota without permission under 
  interstate compact; penalty. 

    Any person who is on parole or probation in another state 
 who resides in this state in violation of section 243.16 may be 
 sentenced to imprisonment for not more than five years or to 
 payment of a fine of not more than $10,000, or both. 

    HIST: 1997 c 239 art 9 s 19 

     243.162 Interstate Compact for Supervision of Parolees 
  and Probationers; data collection. 

    Subdivision 1.    Data collection required.  The 
 commissioner of corrections shall collect, maintain, and analyze 
 background and recidivism data on all individuals received by or 
 sent from Minnesota under Minnesota Statutes, section 243.16, 
 the interstate compact for the supervision of parolees and 
 probationers. 

    Subd. 2.    Scope of data.  (a) The data collected shall 
 include: 

    (1) the number of individuals the commissioner is requested 
 to receive from each state, the number of individuals which the 
 commissioner agrees to receive from each state, and the basis of 
 the commissioner's decision to receive or reject an individual; 
 and 

    (2) the number of individuals the commissioner requests 
 each state to receive, the number of individuals each state 
 agrees to receive, and the basis of the commissioner's decision 
 to request another state to receive an individual. 

    (b) For each individual transferred or received by the 
 commissioner, the commissioner shall collect the following data: 

    (1) the initial and ongoing costs incurred by Minnesota 
 resulting from the individual's transfer; 

    (2) the amount of money Minnesota receives from the sending 
 state to reimburse Minnesota for these costs; 

    (3) the individual's criminal record; 

    (4) whether the individual violates the terms of probation 
 or parole; and 

    (5) if the individual violates the terms of probation or 
 parole and commits a new offense in Minnesota, whether the 
 individual is arrested, convicted, incarcerated in Minnesota, or 
 returned to the sending state. 

    Subd. 3.    Reports.  The commissioner of corrections 
 shall collect the data required under subdivision 2 for all 
 years beginning in 1990.  The commissioner shall report to the 
 legislature by February 15, 1996, the data collected for years 
 1990 to 1995.  The commissioner shall report data collected for 
 each subsequent year to the legislature by January 15 of each 
 odd-numbered year. 

    HIST: 1995 c 226 art 5 s 10 

  243.165 Repealed, 1993 c 326 art 10 s 18 

     243.166 Registration of predatory offenders. 

    Subdivision 1.    Registration required.  (a) A person 
 shall register under this section if:  

    (1) the person was charged with or petitioned for a felony 
 violation of or attempt to violate any of the following, and 
 convicted of or adjudicated delinquent for that offense or 
 another offense arising out of the same set of circumstances: 

    (i) murder under section 609.185, clause (2); or 

    (ii) kidnapping under section 609.25, involving a minor 
 victim; or 

    (iii) criminal sexual conduct under section 609.342; 
 609.343; 609.344; 609.345; or 609.3451, subdivision 3; or 

    (iv) indecent exposure under section 617.23, subdivision 3; 
 or 

    (2) the person was charged with or petitioned for falsely 
 imprisoning a minor in violation of section 609.255, subdivision 
 2; soliciting a minor to engage in prostitution in violation of 
 section 609.322 or 609.324; soliciting a minor to engage in 
 sexual conduct in violation of section 609.352; using a minor in 
 a sexual performance in violation of section 617.246; or 
 possessing pictorial representations of minors in violation of 
 section 617.247, and convicted of or adjudicated delinquent for 
 that offense or another offense arising out of the same set of 
 circumstances; or 

    (3) the person was convicted of a predatory crime as 
 defined in section 609.108, and the offender was sentenced as a 
 patterned sex offender or the court found on its own motion or 
 that of the prosecutor that the crime was part of a predatory 
 pattern of behavior that had criminal sexual conduct as its 
 goal; or 

    (4) the person was convicted of or adjudicated delinquent 
 for violating a law of the United States similar to the offenses 
 described in clause (1), (2), or (3). 

    (b) A person also shall register under this section if: 

    (1) the person was convicted of or adjudicated delinquent 
 in another state for an offense that would be a violation of a 
 law described in paragraph (a) if committed in this state; 

    (2) the person enters the state as required in subdivision 
 3, paragraph (b); and 

    (3) ten years have not elapsed since the person was 
 released from confinement or, if the person was not confined, 
 since the person was convicted of or adjudicated delinquent for 
 the offense that triggers registration.  

    (c) A person also shall register under this section if the 
 person was committed pursuant to a court commitment order under 
 section 253B.185 or Minnesota Statutes 1992, section 526.10, 
 regardless of whether the person was convicted of any offense. 

    Subd. 2.    Notice.  When a person who is required to 
 register under subdivision 1, paragraph (a), is sentenced or 
 becomes subject to a juvenile court disposition order, the court 
 shall tell the person of the duty to register under this 
 section.  The court shall require the person to read and sign a 
 form stating that the duty of the person to register under this 
 section has been explained.  If a person required to register 
 under subdivision 1, paragraph (a), was not notified by the 
 court of the registration requirement at the time of sentencing 
 or disposition, the assigned corrections agent shall notify the 
 person of the requirements of this section.  When a person who 
 is required to register under subdivision 1, paragraph (c), is 
 released from commitment, the treatment facility shall notify 
 the person of the requirements of this section.  The treatment 
 facility shall also obtain the registration information required 
 under this section and forward it to the bureau of criminal 
 apprehension. 

    Subd. 3.    Registration procedure.  (a) A person 
 required to register under this section shall register with the 
 corrections agent as soon as the agent is assigned to the 
 person.  If the person does not have an assigned corrections 
 agent or is unable to locate the assigned corrections agent, the 
 person shall register with the law enforcement agency that has 
 jurisdiction in the area of the person's residence. 

    (b) At least five days before the person starts living at a 
 new address, including living in another state, the person shall 
 give written notice of the new living address to the assigned 
 corrections agent or to the law enforcement authority with which 
 the person currently is registered.  If the person will be 
 living in a new state and that state has a registration 
 requirement, the person shall also give written notice of the 
 new address to the designated registration agency in the new 
 state.  The corrections agent or law enforcement authority 
 shall, within two business days after receipt of this 
 information, forward it to the bureau of criminal apprehension.  
 The bureau of criminal apprehension shall, if it has not already 
 been done, notify the law enforcement authority having primary 
 jurisdiction in the community where the person will live of the 
 new address.  If the person is leaving the state, the bureau of 
 criminal apprehension shall notify the registration authority in 
 the new state of the new address. 

    Subd. 4.    Contents of registration.  (a) The 
 registration provided to the corrections agent or law 
 enforcement authority, must consist of a statement in writing 
 signed by the person, giving information required by the bureau 
 of criminal apprehension, a fingerprint card, and photograph of 
 the person taken at the time of the person's release from 
 incarceration or, if the person was not incarcerated, at the 
 time the person initially registered under this section.  
 Registration information on adults and juveniles may be 
 maintained together notwithstanding section 260.161, subdivision 
 3.  

    (b) Within three days, the corrections agent or law 
 enforcement authority shall forward the statement, fingerprint 
 card, and photograph to the bureau of criminal apprehension.  
 The bureau shall ascertain whether the person has registered 
 with the law enforcement authority where the person resides.  If 
 the person has not registered with the law enforcement 
 authority, the bureau shall send one copy to that authority.  

    (c) During the period a person is required to register 
 under this section, the following shall apply: 

    (1) Each year, within 30 days of the anniversary date of 
 the person's initial registration, the bureau of criminal 
 apprehension shall mail a verification form to the last reported 
 address of the person. 

    (2) The person shall mail the signed verification form back 
 to the bureau of criminal apprehension within ten days after 
 receipt of the form, stating on the form the current and last 
 address of the person. 

    (3) If the person fails to mail the completed and signed 
 verification form to the bureau of criminal apprehension within 
 ten days after receipt of the form, the person shall be in 
 violation of this section. 

    Subd. 5.    Criminal penalty.  A person required to 
 register under this section who knowingly violates any of its 
 provisions or intentionally provides false information to a 
 corrections agent, law enforcement authority, or the bureau of 
 criminal apprehension is guilty of a gross misdemeanor.  A 
 person convicted of or adjudicated delinquent for violating this 
 section who previously has been convicted under this section is 
 guilty of a felony.  

    Subd. 6.    Registration period.  (a) Notwithstanding 
 the provisions of section 609.165, subdivision 1, a person 
 required to register under this section shall continue to comply 
 with this section until ten years have elapsed since the person 
 initially registered in connection with the offense, or until 
 the probation, supervised release, or conditional release period 
 expires, whichever occurs later.  For a person required to 
 register under this section who is committed under section 
 253B.185, the ten-year registration period does not include the 
 period of commitment. 

    (b) If a person required to register under this section 
 fails to register following a change in residence, the 
 commissioner of public safety may require the person to continue 
 to register for an additional period of five years. 

    Subd. 7.    Use of information.  Except as otherwise 
 provided in section 244.052, the information provided under this 
 section is private data on individuals under section 13.01, 
 subdivision 12.  The information may be used only for law 
 enforcement purposes.  

    Subd. 8.    Law enforcement authority.  For purposes of 
 this section, a law enforcement authority means, with respect to 
 a home rule charter or statutory city, the chief of police, and 
 with respect to an unincorporated area, the sheriff of the 
 county. 

    Subd. 9.    Offenders from other states.  When the state 
 accepts an offender from another state under a reciprocal 
 agreement under the interstate compact authorized by section 
 243.16 or under any authorized interstate agreement, the 
 acceptance is conditional on the offender agreeing to register 
 under this section when the offender is living in Minnesota. 

    HIST: 1991 c 285 s 3; 1993 c 326 art 10 s 1-7; 1994 c 636 art 
 4 s 5-8; 1Sp1994 c 1 art 3 s 1,2; 1995 c 226 art 4 s 3; 1996 c 
 408 art 5 s 2,3; 1997 c 239 art 5 s 1-3; 1998 c 367 art 3 s 1-3; 
 art 6 s 15 

     243.17 Sheriff, expenses conveying convicts. 

    Subdivision 1.    Allowed expenses.  The necessary 
 expenses of sheriffs and other peace officers incurred in 
 conveying convicted persons and children adjudicated delinquent 
 and committed to the custody of the commissioner of corrections 
 to the appropriate adult or juvenile correctional facility as 
 designated by the commissioner of corrections, including per 
 diem and expenses of correctional officers, shall be allowed by 
 the commissioner of finance and paid out of the state treasury.  
 The commissioner of finance may allow and pay for the necessary 
 expenses incurred by the sheriff, deputy, or other peace officer 
 in going to and returning from the correctional facility and $10 
 per day for each correctional officer.  Not more than one 
 correctional officer shall be allowed for one prisoner, but one 
 additional correctional officer shall be allowed for every two 
 additional prisoners.  All bills shall be in writing, fully 
 itemized, verified, and accompanied by the receipt of the chief 
 executive officer of the facility for the delivery of the 
 convicted or adjudicated persons, in a form prescribed by the 
 commissioner of finance. 

    Subd. 2.  The conveyance of prisoners to and from court in 
 connection with postconviction, habeas corpus, or intrastate 
 mandatory disposition of detainers proceedings shall be by the 
 sheriff of the county in which the proceedings are to be held 
 and at the expense of the state as provided in subdivision 1.  

    HIST: (10826) 1909 c 70 s 1; 1945 c 327 s 1; 1951 c 339 s 3; 
 1959 c 630 s 3; 1971 c 905 s 1; 1973 c 492 s 14; 1979 c 102 s 
 13; 1983 c 264 s 5; 1994 c 636 art 6 s 33 

     243.18 Work required. 

    Subdivision 1.  Renumbered 244.04 subd 1a 

    Subd. 2.    Sanction for failure to work.  All inmates 
 are required to work.  An inmate who fails to perform an 
 available work assignment shall be sanctioned either by not 
 earning good time or by serving a disciplinary confinement 
 period, as appropriate, for any day on which the inmate does not 
 perform the work assignment.  The commissioner may excuse an 
 inmate from work only for illness, physical disability, or to 
 participate in an education or treatment program. 

    Subd. 3. Repealed, 1994 c 636 art 6 s 34 

    HIST: (10808) RL s 5445; 1907 c 206 s 1; 1927 c 232 s 1; 1959 
 c 263 s 2; 1963 c 753 art 2 s 3; 1967 c 398 s 4; 1978 c 723 art 
 1 s 19; 1979 c 102 s 13; 1980 c 417 s 10,16; 1986 c 444; 1989 c 
 290 art 2 s 4; 1993 c 326 art 9 s 1,2; 1994 c 636 art 6 s 
 9,10,33 

  243.19 Repealed, 1979 c 129 s 4 

     243.20 Discharge; clothing; money. 

    Upon the release by discharge or on parole of any inmate of 
 an adult correctional facility under the control of the 
 commissioner of corrections, the chief executive officer 
 thereof, at the expense of the state, shall furnish each inmate 
 released with one good, serviceable outfit of clothing, and, 
 when released during the winter months between approximately 
 October 1 and March 31 following, with a good, serviceable 
 overcoat.  

    HIST: (10838) 1917 c 159 s 1; 1943 c 430 s 3; 1967 c 398 s 4; 
 1979 c 102 s 13; 1981 c 192 s 13 

     243.21 Trespassing upon institution grounds; detention. 

    Subdivision 1.  No person shall trespass or loiter upon the 
 grounds of any state correctional facility, upon any farm or 
 camp or other establishments belonging to a state correctional 
 facility, or upon the grounds of any other institution or 
 facility under the control of the commissioner of corrections 
 without the consent of the chief executive officer thereof; nor 
 shall any person communicate or in any way assist in 
 establishing communication with any inmate of a state 
 correctional facility or other institution or facility except as 
 permitted by law or authorized by the chief executive officer 
 thereof.  Whoever violates any of the provisions hereof shall be 
 guilty of a misdemeanor.  

    Subd. 2.  Any person found to be trespassing or loitering 
 upon the grounds of a state correctional facility in violation 
 of subdivision 1 or who, being lawfully upon the grounds, 
 introduces or attempts to introduce contraband prohibited by 
 section 243.55 or anything usable in making an escape, or 
 assaults or attempts to assault an officer or employee of the 
 facility, may be taken into custody by the chief executive 
 officer or a designated agent and detained for no more than two 
 hours, pending surrender to any peace officer having the power 
 of arrest.  

    HIST: 1959 c 394; 1967 c 398 s 4; 1971 c 10 s 1; 1979 c 102 s 
 3; 1986 c 444 

     243.211 Unauthorized communication with prisoners. 

    Every person who, not being authorized by law or by written 
 permission from the commissioner of corrections, or by consent 
 of the chief executive officer of a state correctional facility 
 under the control of the commissioner of corrections, has any 
 verbal communication with an inmate thereof, or brings into or 
 conveys out of the facility any writing, clothing, food, 
 tobacco, or other article whatsoever, to or from any inmate 
 under sentence, is guilty of a misdemeanor.  

    HIST: (10049) RL s 4861; 1959 c 263 s 2; 1979 c 102 s 13; 1981 
 c 192 s 14 

     243.212 Copayments for health services. 

    Any inmate of an adult correctional facility under the 
 control of the commissioner of corrections shall incur copayment 
 obligations for health care services provided.  The copayment 
 will be paid from the inmate account of earnings and other 
 funds, as provided in section 243.23, subdivision 3.  The funds 
 paid under this subdivision are appropriated to the commissioner 
 of corrections for the delivery of health care services to 
 inmates.  

    HIST: 1995 c 226 art 5 s 3; 1996 c 408 art 8 s 4 

  243.22 Repealed, 1981 c 192 s 21 

     243.23 Compensation paid to inmates. 

    Subdivision 1.    Compensation.  Notwithstanding any law 
 to the contrary, the commissioner of corrections may provide for 
 the payment to inmates of correctional facilities under the 
 commissioner's management and control any pecuniary compensation 
 the commissioner deems proper, the amount of compensation to 
 depend upon the quality and character of the work performed as 
 determined by the commissioner of corrections and the chief 
 executive officer.  Inmates who because of illness or physical 
 disability cannot work may be paid a minimal amount per day as 
 determined by the commissioner.  These earnings shall be paid 
 out of the fund provided for the carrying on of the work in 
 which the inmate is engaged when employed on state account, or 
 from the current expense fund of the facility as the 
 commissioner of corrections determines. 

    Subd. 2.    Inmate payment of board and room.  The 
 commissioner may promulgate rules requiring the inmates of adult 
 correctional facilities under the commissioner's control to pay 
 all or a part of the cost of their board, room, clothing, 
 medical, dental and other correctional services.  These costs 
 are payable from any earnings of the inmate, including earnings 
 from private industry established at state correctional 
 facilities pursuant to section 243.88.  All sums of money 
 received pursuant to the payments made for correctional services 
 as authorized in this subdivision are available for use by the 
 commissioner during the current and subsequent fiscal year, and 
 are appropriated to the commissioner of corrections for the 
 purposes of the fund from which the earnings were paid.  

    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) 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. 

    HIST: (10820) 1909 c 304 s 1; 1943 c 430 s 1; 1955 c 661 s 1; 
 1959 c 263 s 2; 1967 c 398 s 4; 1967 c 424 s 1; 1973 c 307 s 1; 
 1977 c 392 s 7; 1979 c 102 s 13; 1983 c 262 art 2 s 2; 1985 c 
 220 s 3; 1986 c 444; 1987 c 252 s 5; 1993 c 326 art 8 s 8; 1993 
 c 375 art 17 s 5; 1994 c 636 art 6 s 11; 1995 c 226 art 5 s 4 

     243.24 Money, how used; forfeiture. 

    Subdivision 1.    Sole benefit of inmate.  Any money 
 arising under section 243.23 shall be and remain under the 
 control of the commissioner of corrections and shall be for the 
 sole benefit of the inmate, unless by special order of the 
 commissioner of corrections it shall be used as designated in 
 section 243.23, subdivisions 2 and 3, or for rendering 
 assistance to the inmate's family or dependent relatives, under 
 such rules as to time, manner, and amount of disbursements as 
 the commissioner of corrections may prescribe.  Unless ordered 
 disbursed as hereinbefore prescribed or for an urgency 
 determined in each case by the chief executive officer of the 
 facility, a portion of such earnings in an amount to be 
 determined by the commissioner shall be set aside and kept by 
 the facility in the public welfare fund of the state for the 
 benefit of the inmate and for the purpose of assisting the 
 inmate when leaving the facility and if released on parole said 
 sum to be disbursed to the inmate in such amounts and at such 
 times as the commissioner of corrections may authorize and on 
 final discharge, if any portion remains undisbursed, it shall be 
 transmitted to the inmate. 

    Subd. 2.    Chief executive officer to increase fund to 
 $100.  If the fund standing to the credit of the prisoner on 
 the prisoner's leaving the facility by discharge or on parole be 
 less than $100, the warden or chief executive officer is 
 directed to pay out of the current expense fund of the facility 
 sufficient funds to make the total of said earnings the sum of 
 $100. 

    Subd. 3.    Forfeiture of contraband money or property.  
 Money or property received by or in the possession of an inmate 
 that is determined by the head of the institution after an 
 institutional disciplinary hearing to be contraband within the 
 meaning of rules adopted by the commissioner of corrections may 
 be seized by the institution head or by the head's designee.  
 Property seized under this subdivision may be sold or destroyed 
 if the property is not claimed by its rightful owner within 30 
 days.  Proceeds from a sale or money seized pursuant to this 
 subdivision must be deposited in the inmate social welfare fund 
 for the benefit of the inmates of the facility.  The 
 commissioner of corrections shall adopt rules consistent with 
 this section.  The state or an official, employee, or agent of 
 the state is not liable for any damages due to the disposal of 
 personal property or use of money in accordance with this 
 section. 

    HIST: (10821) 1909 c 304 s 2; 1943 c 430 s 2; 1955 c 261 s 1; 
 1959 c 263 s 2,3; 1971 c 878 s 1; 1979 c 102 s 13; 1980 c 417 s 
 3; 1985 c 248 s 70; 1986 c 444; 1987 c 252 s 6,7; 1987 c 384 art 
 2 s 57; 1994 c 636 art 6 s 12 

     243.241 Civil action money damages. 

    Money damages recovered in a civil action by an inmate 
 confined in a state correctional facility or released from a 
 state correctional facility under section 244.065 or 244.07 
 shall be deposited in the inmate's inmate account and disbursed 
 according to the priorities in section 243.23, subdivision 3. 

    HIST: 1995 c 226 art 6 s 4 

  243.25 Repealed, 1981 c 192 s 21 

     243.251 Posttraumatic stress disorder. 

    (a) "Veteran" means a person who served in the United 
 States armed forces in a combat zone.  "Civilian medical staff" 
 means a nurse or other person with medical training who provided 
 medical care and assistance in a combat zone to members of the 
 United States armed forces.  

    (b) When an inmate who is a veteran or served as a civilian 
 medical staff person is confined in an adult correctional 
 institution under the control of the commissioner of 
 corrections, the chief executive officer shall require the 
 director of inmate classification to determine if the inmate's 
 military duty or civilian medical service was unusually 
 stressful.  If the director determines that the inmate's 
 military duty or civilian medical service was unusually 
 stressful, the director shall consider that fact in developing a 
 corrections plan for the inmate. 

    HIST: 1989 c 124 s 1 

     243.255 Private insurance policies; subrogation. 

    Subdivision 1.    Definitions.  As used in this section: 

    (a) "Commissioner" means the commissioner of corrections; 

    (b) "Inmate" means a person who has been sentenced to 
 incarceration in a state or local correctional facility, 
 including persons committed in accordance with section 631.425 
 or released for employment under section 241.26; and 

    (c) "Private insurance coverage" means coverage for medical 
 care or services under any insurance plan regulated by chapter 
 62A, 62C, 62D, 64B, or 65B.  Private insurance coverage also 
 includes any self-insurance plan providing medical care or 
 services. 

    Subd. 2.    Subrogation rights.  When the commissioner 
 or a county agency provides medical care or services pursuant to 
 section 241.021, subdivision 4, or any rule adopted under it to 
 any inmate having private insurance coverage, the commissioner 
 or county agency shall be subrogated, to the extent of the cost 
 of services provided, to any rights the inmate may have under 
 the terms of any private insurance coverage.  This provision 
 supersedes any inconsistent policy provision. 

    Subd. 3.    Civil action.  The county attorney may 
 institute a civil action against the carrier of the private 
 insurance coverage to recover under this section on behalf of 
 the county agency. 

    Subd. 4.    Policy exclusions prohibited.  The 
 provisions of section 62A.044 apply to this section. 

    HIST: 1988 c 656 s 5 

  243.26 Repealed, 1981 c 192 s 21 

     243.40 The Minnesota correctional facility-Stillwater. 

    There is established the Minnesota correctional 
 facility-Stillwater at Stillwater, Minnesota, in which may be 
 placed persons committed to the commissioner of corrections by 
 the courts of this state who, in the opinion of the 
 commissioner, may benefit from the programs available thereat.  
 The general control and management of the facility shall be 
 under the commissioner of corrections. 

    HIST: (10787) RL s 5432; 1939 c 431 art 7 s 3; 1959 c 263 s 2; 
 1979 c 102 s 4 

  243.41 Repealed, 1979 c 129 s 4 

  243.42 Repealed, 1979 c 129 s 4 

  243.43 Repealed, 1979 c 129 s 4 

  243.44 Repealed, 1979 c 129 s 4 

  243.45 Repealed, 1979 c 129 s 4 

  243.46 Repealed, 1979 c 129 s 4 

     243.465 Diversified labor accounts. 

    Money received in payment for the services of inmate labor 
 employed in the industries carried on at any state correctional 
 facility under the control of the commissioner of corrections is 
 appropriated to the commissioner of corrections to be added to 
 the revolving funds of these facilities.  The commissioner of 
 corrections may set aside a portion of the revolving fund of any 
 correctional facility to be used as a diversified labor account 
 for the introduction and encouragement of industries that in the 
 commissioner's judgment may be beneficial to the inmates of the 
 facilities.  

    HIST: 1977 c 410 s 18; 1979 c 102 s 13; 1981 c 192 s 15; 1986 
 c 444 

  243.47 Repealed, 1979 c 129 s 4 

     243.48 Visitors; state correctional facilities. 

    Subdivision 1.    General searches.  The commissioner of 
 corrections, the governor, lieutenant governor, members of the 
 legislature, state officers, and the corrections ombudsman, may 
 visit the inmates at pleasure, but no other persons without 
 permission of the chief executive officer of the facility, under 
 rules prescribed by the commissioner.  A moderate fee may be 
 required of visitors, other than those allowed to visit at 
 pleasure.  All fees so collected shall be reported and remitted 
 to the state treasurer under rules as the commissioner may deem 
 proper, and when so remitted shall be placed to the credit of 
 the general fund. 

    Subd. 2.    Legal assistance.  Duly licensed attorneys 
 may visit at pleasure and have reasonable access to offender 
 clients.  Law students, paralegals and other agents working 
 under the supervision of duly licensed attorneys, shall have 
 reasonable access to offenders during normal business hours for 
 the purpose of providing legal services, provided they are 
 properly identified as representing or being the agent of a duly 
 licensed attorney. 

    HIST: (10795) RL s 5434; 1909 c 241 s 1; 1959 c 263 s 2; 1979 
 c 102 s 5; 1990 c 594 art 3 s 9 

     243.49 Commitment papers; duty of court administrator. 

    Upon a plea of guilty or finding of guilty after trial, the 
 court administrator of every court which sentences a defendant 
 for a felony or gross misdemeanor to the custody of the 
 commissioner of corrections or to the superintendent of the work 
 house or work farm, shall provide the officer or person having 
 custody of the defendant a certified record for commitment, 
 including (1) a copy of the indictment and plea, (2) a 
 transcript of the sentencing proceedings, with the date thereof, 
 together with the defendant's statement under oath, if obtained, 
 as to the defendant's true name, residence, if any, the date and 
 place of birth, the names and addresses of parents and other 
 relatives and of employers and others who know the defendant 
 well, social and other affiliations, past occupations and 
 employments, former places of residence and the period of time 
 and the dates the defendant has resided in each, citizenship, 
 the number, dates, places and causes of any prior convictions, 
 and (3) if the person pleaded guilty, a transcript of the 
 sentencing proceedings.  The record shall also include the trial 
 judge's impressions of the defendant's mental and physical 
 condition, general character, capacity, disposition, habits and 
 special needs.  The court reporter shall provide the required 
 transcripts.  The certified record for commitment may be used as 
 evidence in any postconviction proceeding brought by the 
 defendant.  The court administrator shall also deliver to the 
 sheriff or other officer or person conveying the defendant to 
 the correctional facility, work house, or work farm designated 
 by the commissioner of corrections or the judge a warrant of 
 commitment together with a certified copy of the warrant 
 directing the conveyor to deliver the person and the certified 
 record for commitment to the principal officer in charge of the 
 correctional facility, work house, or work farm.  Upon the 
 delivery of any person, the principal officer in charge of the 
 correctional facility, work house, or work farm shall keep the 
 certified copy of the warrant of commitment and endorse the 
 principal officer's receipt upon the original, which shall be 
 filed with the sentencing court.  The court administrator shall 
 retain one copy of the required transcripts, and a tape 
 recording and the court reporter's notes of all other 
 proceedings. 

    HIST: (10797) RL s 5436; 1911 c 228 s 1; 1961 c 602 s 1; 1965 
 c 869 s 15; 1967 c 696 s 1; 1969 c 448 s 2; 1973 c 654 s 15; 
 1975 c 271 s 6; 1983 c 40 s 1; 1985 c 38 s 1; 1986 c 444; 
 1Sp1986 c 3 art 1 s 82 

     243.50 Payment of court reporter.  

    Such transcripts and tapes shall be furnished by the court 
 reporter who shall be paid therefor by the county, on 
 certificates duly certified to by the judge presiding at the 
 sentence, and filed with the county auditor, the same fee per 
 folio provided by statute for transcripts of testimony furnished 
 to parties ordering the same in civil proceedings and for tapes 
 on a costs basis.  

    HIST: (10798) 1911 c 228 s 2; 1965 c 869 s 16; 1986 c 444 

     243.51 United States prisoners; prisoners from other 
  states. 

    Subdivision 1.    Contracting with other states and 
 federal government.  The commissioner of corrections is hereby 
 authorized to contract with agencies and bureaus of the United 
 States and with the proper officials of other states or a county 
 of this state for the custody, care, subsistence, education, 
 treatment and training of persons convicted of criminal offenses 
 constituting felonies in the courts of this state, the United 
 States, or other states of the United States.  Such contracts 
 shall provide for reimbursing the state of Minnesota for all 
 costs or other expenses involved.  Any prisoner transferred to 
 the state of Minnesota pursuant to this subdivision shall be 
 subject to the terms and conditions of the prisoner's original 
 sentence as if the prisoner were serving the same within the 
 confines of the state in which the conviction and sentence was 
 had or in the custody of the United States.  Nothing herein 
 shall deprive such inmate of the right to parole or the rights 
 to legal process in the courts of this state.  

    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 Minnesota 
 correctional facility-Stillwater or the Minnesota correctional 
 facility-Shakopee 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.  

    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. 

    Subd. 3.    Temporary detention.  The commissioner of 
 corrections is authorized to contract with agencies and bureaus 
 of the United States and with the appropriate officials of any 
 other state or county of this state for the temporary detention 
 of any person in custody pursuant to any process issued under 
 the authority of the United States, other states of the United 
 States, or the district courts of this state.  The contract 
 shall provide for reimbursement to the state of Minnesota for 
 all costs and expenses involved.  

    Subd. 4.    Annual report to legislature.  By February 1 
 of each year, the commissioner of corrections shall report to 
 the chairs of the house and senate divisions having jurisdiction 
 over criminal justice funding on money collected in the 
 preceding year under contracts authorized in subdivisions 1 and 
 3.  At a minimum, the report must describe: 

    (1) the amount received, including a breakdown of its 
 source; 

    (2) the per diem charges under the contracts; and 

    (3) how the money was spent. 

    Subd. 5.    Special revenue fund.  Money received under 
 contracts authorized in subdivisions 1 and 3 shall be deposited 
 in the state treasury in an inmate housing account in the 
 special revenue fund.  The money deposited in this account may 
 be expended only as provided by law.  The purpose of this fund 
 is for correctional purposes, including housing inmates under 
 this section, and capital improvements.  

    HIST: (10799) RL s 5437; 1967 c 398 s 4; 1967 c 399 s 1; 1979 
 c 102 s 13; 1Sp1982 c 2 s 1; 1983 c 274 s 5; 1986 c 444; 1995 c 
 226 art 1 s 19,20; 1997 c 239 art 9 s 20-22; 1998 c 367 art 9 s 
 13-15 

*   NOTE:  The amendments to subdivisions 1 and 3, by Laws 
*1998, chapter 367, article 9, sections 13 and 14, and 
*subdivision 5, as added by section 15, are effective July 1, 
*1999.  Laws 1998, chapter 367, article 9, section 25. 

*   NOTE:  Subdivision 4 is repealed by Laws 1998, chapter 367, 
*article 9, section 24, effective July 1, 1999.  Laws 1998, 
*chapter 367, article 9, section 25.

     243.515 Transfer under treaty; extradition under treaty. 

    Whenever a treaty is in force between the United States and 
 a foreign country providing for the transfer or exchange of 
 convicted offenders to the country of which they are citizens or 
 nationals, and for the extradition of persons residing in the 
 territory of the United States who have been charged with or 
 convicted of crime committed within the territory of that 
 foreign country, the governor may, on behalf of the state and 
 subject to the terms of the appropriate treaty, authorize the 
 commissioner of corrections to:  (a) consent to the transfer or 
 exchange of offenders, and, (b) deliver any inmate of a state 
 correctional facility for whom an extradition demand has been 
 made pursuant to this section to the custody of the appropriate 
 officials of the United States for surrender to the proper 
 officials of that foreign country.  The commissioner of 
 corrections shall take any other action necessary to implement 
 the participation of this state in the treaty.  

    The extradition of any convicted offender from the custody 
 of the commissioner of corrections shall not diminish the effect 
 of any sentence pursuant to which the offender was committed to 
 the custody of the commissioner of corrections.  The sentence 
 shall continue to run during the time that the offender is in 
 the custody of the appropriate officials of the United States or 
 the foreign country to which extradited.  The offender shall not 
 be subject to return to the territory of the United States and 
 to the custody of the commissioner of corrections pursuant to 
 this section unless there remains an unserved portion of the 
 Minnesota sentence. 

    HIST: 1981 c 238 s 1; 1985 c 74 s 1 

     243.52 Discipline; prevention of escape. 

    If any inmate of any adult correctional facility either 
 under the control of the commissioner of corrections or licensed 
 by the commissioner of corrections under section 241.021 
 assaults any correctional officer or any other person or inmate, 
 the assaulted person may use force in defense of the assault.  
 If any inmate attempts to damage the buildings or appurtenances, 
 resists the lawful authority of any correctional officer, 
 refuses to obey the correctional officer's reasonable demands, 
 or attempts to escape, the correctional officer may enforce 
 obedience and discipline or prevent escape by the use of force.  
 If any inmate resisting lawful authority is wounded or killed by 
 the use of force by the correctional officer or assistants, that 
 conduct is authorized under this section. 

    As used in this section, "use of force" means conduct which 
 is defined by sections 609.06 to 609.066. 

    HIST: (10800) RL s 5438; 1983 c 264 s 6; 1985 c 220 s 4; 1986 
 c 444; 1994 c 636 art 6 s 33; 1995 c 70 s 1 

     243.53 Correctional institutions; occupancy limits of 
  cells. 

    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. 

    Subd. 2. Repealed, 1997 c 238 s 6 

    HIST: (10801) RL s 5439; 1992 c 571 art 11 s 2; 1997 c 238 s 2 

  243.54 Repealed, 1979 c 102 s 14 

     243.55 Contraband articles; exceptions; penalty. 

    Subdivision 1.  Any person who brings, sends, or in any 
 manner causes to be introduced into any state correctional 
 facility or state hospital, or within or upon the grounds 
 belonging to or land or controlled by any such facility or 
 hospital, any controlled substance as defined in section 152.01, 
 subdivision 4, or any firearms, weapons or explosives of any 
 kind, without the consent of the chief executive officer 
 thereof, shall be guilty of a felony and, upon conviction 
 thereof, punished by imprisonment for a term of not more than 
 ten years.  Any person who brings, sends, or in any manner 
 causes to be introduced into any state correctional facility or 
 within or upon the grounds belonging to or land controlled by 
 the facility, any intoxicating or alcoholic liquor or malt 
 beverage of any kind without the consent of the chief executive 
 officer thereof, shall be guilty of a gross misdemeanor.  The 
 provisions of this section shall not apply to physicians 
 carrying drugs or introducing any of the above described liquors 
 into such facilities for use in the practice of their 
 profession; nor to sheriffs or other peace officers carrying 
 revolvers or firearms as such officers in the discharge of 
 duties. 

    Subd. 2.  The chief executive officer of any state 
 correctional facility may, under rules prescribed by the 
 commissioner of corrections, provide for the search of all 
 persons admitted into the facility or upon the grounds thereof.  
 The head of any state hospital may, under rules prescribed by 
 the commissioner of human services, provide for the search of 
 all persons admitted into the hospital or upon the grounds 
 thereof.  Any contraband as described in subdivision 1 is 
 subject to confiscation by the chief executive officer of a 
 facility or the head of a hospital. 

    Subd. 3.  As used in this section, "state hospital" or 
 "hospital" means any state operated facility or hospital under 
 the authority of the commissioner of human services for (a) 
 persons with mental illness, mental retardation, or chemical 
 dependency, (b) sex offenders, (c) persons with a sexual 
 psychopathic personality, or (d) sexually dangerous person.  

    HIST: (10803) 1913 c 196 s 1; 1915 c 241 s 1; 1923 c 391 s 1; 
 1959 c 85 s 1; 1974 c 291 s 1; 1979 c 102 s 6; 1980 c 390 s 1; 
 1984 c 654 art 5 s 58; 1985 c 21 s 2; 1989 c 290 art 3 s 24; 
 1Sp1994 c 1 art 2 s 21 

     243.555 Smoking by inmates prohibited. 

    No inmate in a state correctional facility may possess or 
 use tobacco or a tobacco-related device.  For the purposes of 
 this section, "tobacco" and "tobacco-related device" have the 
 meanings given in section 609.685, subdivision 1.  This section 
 does not prohibit the possession or use of tobacco or a 
 tobacco-related device by an adult as a part of a traditional 
 Indian spiritual or cultural ceremony.  For purposes of this 
 section, an Indian is a person who is a member of an Indian 
 tribe as defined in section 257.351, subdivision 9. 

    HIST: 1996 c 408 art 8 s 5 

     243.556 Restrictions on inmates' computer access. 

    Subdivision 1.    Restrictions to use of online services. 
  No adult inmate in a state correctional facility may use or 
 have access to any Internet service or online service, except 
 for work, educational, and vocational purposes approved by the 
 commissioner. 

    Subd. 2.    Restrictions on computer use.  The 
 commissioner shall restrict inmates' computer use to legitimate 
 work, educational, and vocational purposes.  

    Subd. 3.    Monitoring of computer use.  The 
 commissioner shall monitor all computer use by inmates and 
 perform regular inspections of computer equipment. 

    HIST: 1997 c 239 art 9 s 23 

     243.56 Communication with chief executive officer and 
  commissioner. 

    Every inmate of a state correctional facility may 
 communicate, in writing, with the chief executive officer of the 
 facility and the commissioner of corrections, under rules 
 prescribed by the commissioner for that purpose.  

    HIST: (10804) RL s 5441; 1959 c 263 s 2; 1979 c 102 s 7 

     243.57 Contagious disease; removal of inmates. 

    In case of an epidemic of any infectious or contagious 
 disease in any state correctional facility under control of the 
 commissioner of corrections, by which the health or lives of the 
 inmates may be endangered, the chief executive officer thereof, 
 with the approval of the commissioner of corrections may cause 
 the inmates so affected to be removed to some other secure and 
 suitable place or places for care and treatment; and, if the 
 facility is destroyed, in whole or in part, by fire or other 
 casualty and becomes unsuitable for proper detention and custody 
 of the inmates, the chief executive officer, with the approval 
 of the commissioner, may remove them, or any number of inmates, 
 to another safe and appropriate place as may be provided.  

    HIST: (10805) RL s 5442; 1959 c 263 s 2; 1979 c 102 s 13; 1981 
 c 192 s 16 

     243.58 Escaped inmates; warrant; reward. 

    If 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.  

    HIST: (10806) RL s 5443; 1959 c 263 s 2; 1979 c 102 s 13; 1981 
 c 192 s 17; 1983 c 264 s 7 

     243.59 Communication with inmates. 

    No person, without the consent of the chief executive 
 officer, shall bring into or carry out of any state correctional 
 facility any writing or any information to or from any inmate 
 thereof.  Every violation of this provision shall be a 
 misdemeanor, and punished accordingly.  On discovery, such 
 person may be arrested by any prison officer without warrant.  

    HIST: (10807) RL s 5444; 1979 c 102 s 8 

  243.60 Repealed, 1963 c 753 art 2 s 17 

     243.61 Contract labor; tools and machinery.  

    No contracts for leasing the labor of prisoners confined in 
 any such institution, at a certain rate per diem, giving the 
 contractor full control of the labor of the prisoners, shall be 
 made; but such prisoners shall be employed, under rules 
 established by the commissioner of corrections, in such 
 industries as shall, from time to time, be fixed upon by the 
 officers in charge and the commissioner, or in the manufacture 
 of articles by the piece, under the so-called "piece price 
 system," by contracts with persons furnishing the materials.  
 The chief officer, under the direction of the commissioner, 
 shall purchase such tools, implements, and machinery as the 
 officer shall deem necessary for the work.  

    HIST: (10810) RL s 5447; 1959 c 263 s 2; 1985 c 248 s 70; 1986 
 c 444 

     243.62 Selling of labor of inmates prohibited. 

    It is unlawful for the commissioner of corrections, or the 
 chief executive officer of any state adult correctional 
 facility, or any person exercising control of or supervision 
 over any inmate sentenced to and confined in the facility to 
 enter into any contract or agreement, or any arrangement, in 
 which the labor or service of the inmate is either sold or 
 leased or otherwise disposed of for hire to any person or to any 
 party.  

    HIST: (10811) 1909 c 481 s 1; 1959 c 263 s 2; 1979 c 102 s 13; 
 1983 c 264 s 8 

  243.63 Repealed, 1979 c 129 s 4 

     243.64 Sale of land acquired in collection of a debt for 
  articles manufactured or processed by correctional industries. 

    When the state of Minnesota acquires title to any land in 
 the course of legal proceedings for the collection of a debt 
 arising out of the sale by the state of farm machinery, or other 
 articles manufactured or improved at any state correctional 
 facility, the land may be sold by the governor to persons and 
 for a price as recommended by the chief executive officer of the 
 state correctional facility, and the governor is hereby 
 authorized to execute, in the name of the state and in its 
 behalf, any deeds or conveyances necessary or desirable to 
 convey the title and interest of the state to the purchaser, and 
 the proceeds of the sale shall be paid into the state treasury 
 to the credit of the appropriate correctional facility fund.  

    HIST: (10813) 1917 c 58 s 1; 1979 c 102 s 13; 1981 c 192 s 18 

  243.65 Repealed, 1973 c 512 s 3 

  243.66 Repealed, 1979 c 129 s 4 

  243.67 Repealed, 1979 c 129 s 4 

  243.68 Repealed, 1979 c 129 s 4 

  243.69 Repealed, 1973 c 512 s 3 

  243.70 Repealed, 1963 c 753 art 2 s 17 

     243.75 The Minnesota correctional facility-St. Cloud. 

    There is established the Minnesota correctional 
 facility-St. Cloud at St. Cloud, Minnesota, in which may be 
 placed persons committed to the commissioner of corrections by 
 the courts of this state who, in the opinion of the 
 commissioner, may benefit from the programs available thereat.  
 The general control and management of the facility shall be 
 under the commissioner of corrections.  

    HIST: (10823) RL s 5453; 1945 c 565 s 4; 1947 c 80 s 1; 1949 c 
 127 s 1; 1951 c 292 s 1; 1953 c 255 s 1; 1955 c 244 s 1; 1959 c 
 263 s 2; 1961 c 750 s 14 subd 3; 1963 c 214 s 1; 1979 c 102 s 9 

  243.76 Repealed, 1963 c 753 art 2 s 17 

  243.77 Repealed, 1963 c 753 art 2 s 17 

  243.78 Repealed, 1981 c 192 s 21 

  243.79 Repealed, 1965 c 45 s 73 

  243.80 Repealed, 1979 c 129 s 4 

  243.81 Repealed, 1973 c 512 s 3 

  243.82 Repealed, 1973 c 512 s 3 

  243.83 Repealed, 1965 c 45 s 73 

  243.84 Repealed, 1979 c 129 s 4 

  243.85 Repealed, 1979 c 129 s 4 

  243.86 Repealed, 1973 c 512 s 3 

     243.87 Goods made for national defense. 

    Nothing in section 241.27 shall be construed to prevent the 
 production or sale of any article for purposes of national 
 defense during times of national emergency where such production 
 or sale is otherwise permitted by the laws of the United States 
 or the state of Minnesota. 

    HIST: 1953 c 616 s 4; 1Sp1981 c 4 art 1 s 102 

     243.88 Private industry on grounds of correctional 
  institutions. 

    Subdivision 1.  Notwithstanding the provisions of any law 
 to the contrary, the commissioner of administration, with the 
 approval of the governor, may lease one or more buildings or 
 portions thereof on the grounds of any state adult correctional 
 institution, together with the real estate needed for reasonable 
 access to and egress from the leased buildings, for a term not 
 to exceed 20 years, to a private corporation for the purpose of 
 establishing and operating a factory for the manufacture and 
 processing of goods, wares or merchandise, or any other business 
 or commercial enterprise deemed by the commissioner of 
 corrections to be consistent with the proper training and 
 rehabilitation of inmates.  

    Subd. 2.  Any corporation operating a factory or other 
 business or commercial enterprise under this section may employ 
 selected inmates of the correctional institution upon whose 
 grounds it operates and persons conditionally released subject 
 to the provisions of section 241.26.  Persons conditionally 
 released as provided in this subdivision shall be deemed to be 
 parolees within the purview of United States Code, title 49, 
 section 60. 

    Except as prohibited by applicable provisions of the United 
 States Code, inmates of state correctional institutions may be 
 employed in the manufacture and processing of goods, wares and 
 merchandise for introduction into interstate commerce, provided 
 that they are paid no less than the prevailing minimum wages for 
 work of a similar nature performed by employees with similar 
 skills in the locality in which the work is being performed. 

    Under rules prescribed by the commissioner of corrections a 
 portion of the wages of each inmate employed as authorized by 
 this subdivision, in an amount to be determined by the 
 commissioner, shall be set aside and kept by the chief executive 
 officer of the facility in the public welfare fund of the state 
 for the benefit of the inmate and for the purpose of assisting 
 the inmate when leaving the facility on conditional release or 
 by final discharge.  Any portion remaining undisbursed at the 
 time of the inmate's final discharge shall be given to the 
 inmate upon final discharge. 

    Subd. 3.  Any factory established under the provisions of 
 this section shall be deemed a private enterprise and subject to 
 all the laws and rules of this state governing the operation of 
 similar business enterprises elsewhere in this state. 

    Subd. 4.  The authority of the commissioner of corrections 
 over the institutions of the department of corrections and the 
 inmates thereof shall not be diminished by this section. 

    Subd. 5.    Deductions.  Notwithstanding any other law 
 to the contrary, any compensation paid to inmates under this 
 section is subject to section 243.23, subdivisions 2 and 3, and 
 rules of the commissioner of corrections. 

    HIST: 1973 c 145 s 1; 1975 c 304 s 6,7; 1976 c 2 s 82; 1980 c 
 417 s 4; 1985 c 248 s 70; 1986 c 444; 1995 c 226 art 5 s 5 

     243.90 The Minnesota correctional facility-Shakopee. 

    There is established the Minnesota correctional 
 facility-Shakopee at Shakopee, Minnesota, in which may be placed 
 persons committed to the commissioner of corrections by the 
 courts of this state who, in the opinion of the commissioner, 
 may benefit from the programs thereat.  The general control and 
 management of the facility shall be under the commissioner. 

    HIST: (10839) 1915 c 324 s 1; 1921 c 29 s 1; 1937 c 75 s 1; 
 1955 c 261 s 1; 1959 c 263 s 3; 1967 c 398 s 1; 1979 c 102 s 10 

     243.91 Transfer of female offenders.  

    When special circumstances warrant, or when the chief 
 executive officer of any county jail, workhouse or workfarm 
 shall determine that any female inmate of such facility over the 
 age of 18 years cannot be safely maintained therein or whose 
 presence is detrimental to the internal discipline and 
 well-being of such institution or that such inmate can benefit 
 from the treatment, care and training available at the Minnesota 
 correctional facility-Shakopee, the officer may, with the 
 consent of the commissioner of corrections and the sentencing 
 court, transfer such female inmate to the facility for 
 confinement, care, treatment and training therein according to 
 the sentence imposed by the court.  Such transfer shall be made 
 in accordance with rules prescribed by the commissioner.  

    The commissioner of corrections may contract with the 
 political subdivisions operating and maintaining the jails, 
 workhouses or workfarms from which such selected female inmates 
 are transferred to the state facility for reimbursement to the 
 state for all costs and expenses incurred for the care, custody, 
 subsistence, treatment, and training of such transferees.  

    The chief executive officer of the transferring institution 
 shall send with such transferee a duly certified copy of the 
 warrant or order of commitment under which such inmate is held, 
 together with such other data as the commissioner of corrections 
 may require, and such warrant or order of commitment shall 
 constitute sufficient authority for the commissioner to hold 
 such inmate on behalf of the sending institution.  

    HIST: (10835) 1919 c 106 s 1; 1967 c 398 s 2; 1979 c 102 s 13; 
 1986 c 444 

  243.92 Repealed, 1979 c 102 s 14 

     243.93 Correctional facility site selection committee. 

    Subdivision 1.    Creation; membership.  (a) An advisory 
 task force is created to coordinate the site selection process 
 for state correctional facilities.  The task force shall convene 
 when the legislature authorizes the planning of a new 
 correctional facility.  The task force, to be known as the site 
 selection committee, consists of the: 

    (1) commissioner of corrections or the commissioner's 
 designee; 

    (2) deputy commissioner of corrections who has supervision 
 and control over correctional facilities; 

    (3) commissioner of transportation or the commissioner's 
 designee; 

    (4) commissioner of administration or the commissioner's 
 designee; 

    (5) chairs of the senate crime prevention committee and 
 crime prevention finance division and the ranking members of 
 that committee and division from the minority political caucus, 
 or the chairs' and ranking members' designees; and 

    (6) chairs of the house judiciary committee and judiciary 
 finance division and the ranking members of that committee and 
 division from the minority political caucus or the chairs' and 
 ranking members' designees. 

    (b) The chairs of the senate crime prevention finance 
 division and house judiciary finance division, or the chairs' 
 designees, shall chair the committee. 

    Subd. 2.    Site selection process.  The committee shall 
 develop a correctional site selection process that most 
 effectively and efficiently utilizes state financial resources 
 for construction of correctional facilities.  The committee may 
 include such other factors as the committee considers relevant 
 as criteria for the site selection process. 

    Subd. 3.    Recommendations.  Before recommendation of 
 an individual site for a correctional facility, the committee 
 shall require that all costs associated with the facility and 
 the site be identified and reported, including but not limited 
 to construction costs, site improvement, infrastructure 
 upgrades, and operating costs for that site.  The commissioners 
 of administration and corrections and any other agencies 
 involved with site construction or land acquisition shall 
 cooperate with the committee in supplying information described 
 in this subdivision and any other information required for 
 project budgets under section 16B.335. 

    Subd. 4.    Report.  The committee shall report its 
 recommendations for the siting of correctional facilities to the 
 legislature. 

    Subd. 5.    Legislative authorization of site.  Each 
 site for a new state of Minnesota correctional facility shall be 
 chosen in the law authorizing and providing funding for the 
 facility. 

    Subd. 6.    Staffing.  The committee may utilize 
 employees from the legislative and executive branch entities 
 with membership on the committee.  The department of 
 administration shall provide administrative support. 

    HIST: 1997 c 239 art 9 s 24