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2006 Minnesota Statutes

This is a historical version of this statute chapter. Also view the most recent published version.

Chapter 243. Corrections; Adults

Chapter Sections
Section Headnote

ADULT CORRECTIONS, GENERALLY
243.01Repealed, 1963 c 753 art 2 s 17
243.02Repealed, 1973 c 654 s 14
243.03Repealed, 1973 c 654 s 14
243.04Repealed, 1973 c 654 s 14
243.041APPLICATION OF LAWS 2005, CHAPTER 56, TERMINOLOGY CHANGES.
243.05COMMISSIONER OF CORRECTIONS; POWERS, LIMITATIONS.
243.055COMPUTER RESTRICTIONS.
243.06Repealed, 1981 c 192 s 21
243.07Repealed, 1983 c 274 s 19
243.08Repealed, 1969 c 9 s 98
243.09Repealed, 1983 c 274 s 19
243.10Repealed, 1983 c 274 s 19
243.11Repealed, 1963 c 753 art 2 s 17
243.12Repealed, 1983 c 274 s 19
243.13Expired
243.14Repealed, 1983 c 274 s 19
243.15FEMALE PRISONERS; PREGNANT.
243.16MS 2004 Repealed, 2002 c 268 s 7
243.1605INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION.
243.1606ADVISORY COUNCIL ON INTERSTATE ADULT OFFENDER SUPERVISION.
243.1607INTERSTATE ADULT OFFENDER SUPERVISION COMPACT ADMINISTRATOR.
243.1608MS 2004 Repealed, 2002 c 268 s 7
243.161RESIDING IN MINNESOTA WITHOUT PERMISSION UNDER INTERSTATE COMPACT; PENALTY.
243.162Repealed, 2005 c 136 art 13 s 20
243.165Repealed, 1993 c 326 art 10 s 18
243.166REGISTRATION OF PREDATORY OFFENDERS.
243.167REGISTRATION UNDER THE PREDATORY OFFENDER REGISTRATION LAW FOR OTHER OFFENSES.
243.17SHERIFF, EXPENSES CONVEYING CONVICTS.
243.18WORK REQUIRED.
243.19Repealed, 1979 c 129 s 4
243.20DISCHARGE; CLOTHING; MONEY.
243.21TRESPASSING UPON INSTITUTION GROUNDS; DETENTION.
243.211UNAUTHORIZED COMMUNICATION WITH PRISONERS.
243.212CO-PAYMENTS FOR HEALTH SERVICES.
243.22Repealed, 1981 c 192 s 21
243.23COMPENSATION PAID TO INMATES.
243.24MONEY, HOW USED; FORFEITURE.
243.241CIVIL ACTION MONEY DAMAGES.
243.25Repealed, 1981 c 192 s 21
243.251POSTTRAUMATIC STRESS DISORDER.
243.255PRIVATE INSURANCE POLICIES; SUBROGATION.
243.26Repealed, 1981 c 192 s 21

CORRECTIONAL FACILITIES
243.40THE MINNESOTA CORRECTIONAL FACILITY-STILLWATER.
243.41Repealed, 1979 c 129 s 4
243.42Repealed, 1979 c 129 s 4
243.43Repealed, 1979 c 129 s 4
243.44Repealed, 1979 c 129 s 4
243.45Repealed, 1979 c 129 s 4
243.46Repealed, 1979 c 129 s 4
243.465DIVERSIFIED LABOR ACCOUNTS.
243.47Repealed, 1979 c 129 s 4
243.48VISITORS; STATE CORRECTIONAL FACILITIES.
243.49COMMITMENT PAPERS; DUTY OF COURT ADMINISTRATOR.
243.50PAYMENT OF COURT REPORTER.
243.51UNITED STATES PRISONERS; PRISONERS FROM OTHER STATES.
243.515TRANSFER UNDER TREATY; EXTRADITION UNDER TREATY.
243.52DISCIPLINE; PREVENTION OF ESCAPE.
243.53CORRECTIONAL INSTITUTIONS; OCCUPANCY LIMITS OF CELLS.
243.54Repealed, 1979 c 102 s 14
243.55CONTRABAND ARTICLES; EXCEPTIONS; PENALTY.
243.555SMOKING BY INMATES PROHIBITED.
243.556RESTRICTIONS ON INMATES' COMPUTER ACCESS.
243.557INMATE MEALS.
243.56COMMUNICATION WITH CHIEF EXECUTIVE OFFICER AND COMMISSIONER.
243.57CONTAGIOUS DISEASE; REMOVAL OF INMATES.
243.58ESCAPED INMATES; WARRANT; REWARD.
243.59COMMUNICATION WITH INMATES.
243.60Repealed, 1963 c 753 art 2 s 17
243.61CONTRACT LABOR; TOOLS AND MACHINERY.
243.62SELLING OF LABOR OF INMATES PROHIBITED.
243.63Repealed, 1979 c 129 s 4
243.64SALE OF LAND ACQUIRED IN COLLECTION OF A DEBT FOR ARTICLES MANUFACTURED OR PROCESSED BY CORRECTIONAL INDUSTRIES.
243.65Repealed, 1973 c 512 s 3
243.66Repealed, 1979 c 129 s 4
243.67Repealed, 1979 c 129 s 4
243.68Repealed, 1979 c 129 s 4
243.69Repealed, 1973 c 512 s 3
243.70Repealed, 1963 c 753 art 2 s 17
243.75THE MINNESOTA CORRECTIONAL FACILITY-ST. CLOUD.
243.76Repealed, 1963 c 753 art 2 s 17
243.77Repealed, 1963 c 753 art 2 s 17
243.78Repealed, 1981 c 192 s 21
243.79Repealed, 1965 c 45 s 73
243.80Repealed, 1979 c 129 s 4
243.81Repealed, 1973 c 512 s 3
243.82Repealed, 1973 c 512 s 3
243.83Repealed, 1965 c 45 s 73
243.84Repealed, 1979 c 129 s 4
243.85Repealed, 1979 c 129 s 4
243.86Repealed, 1973 c 512 s 3
243.87GOODS MADE FOR NATIONAL DEFENSE.
243.88PRIVATE INDUSTRY ON GROUNDS OF CORRECTIONAL INSTITUTIONS.
243.90THE MINNESOTA CORRECTIONAL FACILITY-SHAKOPEE.
243.91TRANSFER OF FEMALE OFFENDERS.
243.92Repealed, 1979 c 102 s 14
243.93CORRECTIONAL FACILITY SITE SELECTION COMMITTEE.
243.94MINNESOTA CORRECTIONAL FACILITY-RUSH CITY.

ADULT CORRECTIONS, GENERALLY

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]
243.041 APPLICATION OF LAWS 2005, CHAPTER 56, TERMINOLOGY CHANGES.
State agencies shall use the terminology changes specified in Laws 2005, chapter 56, section
1, when printed material and signage are replaced and new printed material and signage are
obtained. State agencies do not have to replace existing printed material and signage to comply
with Laws 2005, chapter 56, sections 1 and 2. Language changes made according to Laws 2005,
chapter 56, sections 1 and 2, shall not expand or exclude eligibility to services.
History: 2005 c 56 s 3
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 inmate'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. 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.
History: (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; 2001 c 210 s 12
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.
History: 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 [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.
History: (10771) 1923 c 165 s 1; 1959 c 263 s 2; 1985 c 248 s 70; 1986 c 444
243.16 MS 2004 [Repealed, 2002 c 268 s 7]
243.1605 INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION.
ARTICLE I
PURPOSE
The compacting states to this interstate compact recognize that each state is responsible for
the supervision of adult offenders in the community who are authorized pursuant to the bylaws
and rules of this compact to travel across state lines both to and from each compacting state in
such a manner as to track the location of offenders, transfer supervision authority in an orderly
and efficient manner, and when necessary return offenders to the originating jurisdictions. The
compacting states also recognize that Congress, by enacting the Crime Control Act under United
States Code, title 4, section 112 (1965), has authorized and encouraged compacts for cooperative
efforts and mutual assistance in the prevention of crime. It is the purpose of this compact and
the interstate commission created hereunder, through means of joint and cooperative action
among the compacting states:
(1) to provide the framework for the promotion of public safety and protect the rights
of victims through the control and regulation of the interstate movement of offenders in the
community;
(2) to provide for the effective tracking, supervision, and rehabilitation of these offenders by
the sending and receiving states; and
(3) to equitably distribute the costs, benefits, and obligations of the compact among the
compacting states.
In addition, this compact will:
(1) create an interstate commission which will establish uniform procedures to manage the
movement between states of adults placed under community supervision and released to the
community under the jurisdiction of courts, paroling authorities, corrections, or other criminal
justice agencies which will promulgate rules to achieve the purpose of this compact;
(2) ensure an opportunity for input and timely notice to victims and to jurisdictions where
defined offenders are authorized to travel or to relocate across state lines;
(3) establish a system of uniform data collection, access to information on active cases by
authorized criminal justice officials, and regular reporting of compact activities to heads of state
councils; state executive, judicial, and legislative branches; and criminal justice administrators;
(4) monitor compliance with rules governing interstate movement of offenders and initiate
interventions to address and correct noncompliance; and
(5) coordinate training and education regarding regulations of interstate movement of
offenders for officials involved in such activity.
The compacting states recognize that there is no "right" of any offender to live in another
state and that duly accredited officers of a sending state may at all times enter a receiving state
and there apprehend and retake any offender under supervision subject to the provisions of this
compact and bylaws and rules promulgated hereunder. It is the policy of the compacting states
that the activities conducted by the Interstate Commission created herein are the formation of
public policies and are therefore public business.
ARTICLE II
DEFINITIONS
As used in this compact, unless the context clearly requires a different construction:
(1) "adult" means both individuals legally classified as adults and juveniles treated as adults
by court order, statute, or operation of law;
(2) "bylaws" mean those bylaws established by the interstate commission for its governance,
or for directing or controlling the Interstate Commission's actions or conduct;
(3) "commissioner" means the voting representative of each compacting state appointed
pursuant to article III of this compact;
(4) "compact administrator" means the individual in each compacting state appointed
pursuant to the terms of this compact responsible for the administration and management of the
state's supervision and transfer of offenders subject to the terms of this compact, the rules adopted
by the Interstate Commission, and policies adopted by the state council under this compact;
(5) "compacting state" means any state which has enacted the enabling legislation for this
compact, the rules adopted by the Interstate Commission, and policies adopted by the state
council under this compact;
(6) "Interstate Commission" means the Interstate Commission for adult offender supervision
established by this compact;
(7) "member" means the commissioner of a compacting state or a designee, who shall be a
person officially connected with the commissioner;
(8) "noncompacting state" means any state which has not enacted the enabling legislation
for this compact;
(9) "offender" means an adult placed under, or subject to supervision as the result of, the
commission of a criminal offense and released to the community under the jurisdiction of courts,
paroling authorities, corrections, or other criminal justice agencies;
(10) "person" means any individual, corporation, business enterprise, or other legal entity,
either public or private;
(11) "rules" mean acts of the Interstate Commission, duly promulgated pursuant to article
VIII of this compact, substantially affecting interested parties in addition to the Interstate
Commission, which shall have the force and effect of law in the compacting states;
(12) "state" means a state of the United States, the District of Columbia, and any other
territorial possessions of the United States; and
(13) "state council" means the resident members of the state council for interstate adult
offender supervision created by each state under article IV of this compact.
ARTICLE III
THE COMPACT COMMISSION
The compacting states hereby create the Interstate Commission for adult offender
supervision. The Interstate Commission shall be a body corporate and joint agency of the
compacting states. The Interstate Commission shall have all the responsibilities, powers, and
duties set forth herein, including the power to sue and be sued, and such additional powers as may
be conferred upon it by subsequent action of the respective legislatures of the compacting states in
accordance with the terms of this compact.
The Interstate Commission shall consist of commissioners selected and appointed by resident
members of a state council for interstate adult offender supervision for each state.
In addition to the commissioners who are the voting representatives of each state, the
Interstate Commission shall include individuals who are not commissioners but who are members
of interested organizations; such noncommissioner members must include a member of the
national organizations of governors, legislators, state chief justices, attorneys general, and
crime victims. All noncommissioner members of the Interstate Commission shall be ex officio
(nonvoting) members. The Interstate Commission may provide in its bylaws for such additional,
ex officio, nonvoting members as it deems necessary.
Each compacting state represented at any meeting of the Interstate Commission is entitled to
one vote. A majority of the compacting states shall constitute a quorum for the transaction of
business, unless a larger quorum is required by the bylaws of the Interstate Commission. The
Interstate Commission shall meet at least once each calendar year. The chairperson may call
additional meetings and, upon the request of 27 or more compacting states, shall call additional
meetings. Public notice shall be given of all meetings and meetings shall be open to the public.
The Interstate Commission shall establish an executive committee which shall include
commission officers, members, and others as shall be determined by the bylaws. The executive
committee shall have the power to act on behalf of the interstate commission during periods when
the Interstate Commission is not in session, with the exception of rulemaking and/or amendment
to the compact. The executive committee oversees the day-to-day activities managed by the
executive director and Interstate Commission staff; administers enforcement and compliance with
the provisions of the compact, its bylaws, and as directed by the Interstate Commission; and
performs other duties as directed by the Interstate Commission or set forth in the bylaws.
ARTICLE IV
THE STATE COUNCIL
Each member state shall create a state council for interstate adult offender supervision which
shall be responsible for the appointment of the commissioner who shall serve on the Interstate
Commission from that state. Each state council shall appoint as its commissioner the compact
administrator from that state to serve on the Interstate Commission in such capacity under or
pursuant to applicable law of the member state. While each member state may determine the
membership of its own state council, its membership must include at least one representative
from the legislative, judicial, and executive branches of government; victims groups; and
compact administrators. Each compacting state retains the right to determine the qualifications
of the compact administrator, who shall be appointed by the state council or by the governor in
consultation with the legislature and the judiciary. In addition to appointment of its commissioner
to the national Interstate Commission, each state council shall exercise oversight and advocacy
concerning its participation in Interstate Commission activities and other duties as may be
determined by each member state, including, but not limited to, development of policy concerning
operations and procedures of the compact within that state.
ARTICLE V
POWERS AND DUTIES OF THE INTERSTATE COMMISSION
The Interstate Commission shall have the following powers:
(1) to adopt a seal and suitable bylaws governing the management and operation of the
Interstate Commission;
(2) to promulgate rules which shall have the force and effect of statutory law and shall be
binding in the compacting states to the extent and in the manner provided in this compact;
(3) to oversee, supervise, and coordinate the interstate movement of offenders subject to the
terms of this compact and any bylaws adopted and rules promulgated by the compact commission;
(4) to enforce compliance with compact provisions, Interstate Commission rules, and bylaws,
using all necessary and proper means, including, but not limited to, the use of judicial process;
(5) to establish and maintain offices;
(6) to purchase and maintain insurance and bonds;
(7) to borrow, accept, or contract for services of personnel, including, but not limited to,
members and their staffs;
(8) to establish and appoint committees and hire staff which it deems necessary for the
carrying out of its functions, including, but not limited to, an executive committee as required by
article III, which shall have the power to act on behalf of the Interstate Commission in carrying
out its powers and duties hereunder;
(9) to elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix
their compensation, define their duties, and determine their qualifications; and to establish the
Interstate Commission's personnel policies and programs relating to, among other things, conflicts
of interest, rates of compensation, and qualifications of personnel;
(10) to accept any and all donations and grants of money, equipment, supplies, materials, and
services, and to receive, utilize, and dispose of same;
(11) to lease, purchase, accept contributions or donations of, or otherwise to own, hold,
improve, or use any property, real, personal, or mixed;
(12) to sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any
property, real, personal, or mixed;
(13) to establish a budget and make expenditures and levy dues as provided in article X
of this compact;
(14) to sue and be sued;
(15) to provide for dispute resolution among compacting states;
(16) to perform such functions as may be necessary or appropriate to achieve the purposes
of this compact;
(17) to report annually to the legislatures, governors, judiciaries, and state councils of the
compacting states concerning the activities of the Interstate Commission during the preceding
year. Such reports shall also include any recommendations that may have been adopted by the
Interstate Commission;
(18) to coordinate education, training, and public awareness regarding the interstate
movement of offenders for officials involved in such activity; and
(19) to establish uniform standards for the reporting, collecting, and exchanging of data.
ARTICLE VI
ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
Section A. Bylaws.
The Interstate Commission shall, by a majority of the members, within 12 months of the
first Interstate Commission meeting, adopt bylaws to govern its conduct as may be necessary or
appropriate to carry out the purposes of the compact, including, but not limited to:
(1) establishing the fiscal year of the Interstate Commission;
(2) establishing an executive committee and such other committees as may be necessary;
(3) providing reasonable standards and procedures:
(i) for the establishment of committees; and
(ii) governing any general or specific delegation of any authority or function of the Interstate
Commission;
(4) providing reasonable procedures for calling and conducting meetings of the Interstate
Commission, and ensuring reasonable notice of each such meeting;
(5) establishing the titles and responsibilities of the officers of the Interstate Commission;
(6) providing reasonable standards and procedures for the establishment of the personnel
policies and programs of the Interstate Commission. Notwithstanding any civil service or other
similar laws of any compacting state, the bylaws shall exclusively govern the personnel policies
and programs of the Interstate Commission;
(7) providing a mechanism for winding up the operations of the Interstate Commission and
the equitable return of any surplus funds that may exist upon the termination of the compact after
the payment and/or reserving of all of its debts and obligations;
(8) providing transition rules for "start up" administration of the compact; and
(9) establishing standards and procedures for compliance and technical assistance in carrying
out the compact.
Section B. Officers and staff.
The Interstate Commission shall, by a majority of the members, elect from among its
members a chairperson and a vice chairperson, each of whom shall have such authorities and
duties as may be specified in the bylaws. The chairperson or, in the chairperson's absence or
disability, the vice chairperson shall preside at all meetings of the Interstate Commission.
The officers so elected shall serve without compensation or remuneration from the Interstate
Commission, provided that subject to the availability of budgeted funds, the officers shall be
reimbursed for any actual and necessary costs and expenses incurred by them in the performance
of their duties and responsibilities as officers of the Interstate Commission.
The Interstate Commission shall, through its executive committee, appoint or retain an
executive director for such period, upon such terms and conditions, and for such compensation as
the Interstate Commission may deem appropriate. The executive director shall serve as secretary
to the Interstate Commission, and hire and supervise such other staff as may be authorized by the
Interstate Commission, but shall not be a member.
Section C. Corporate records of the interstate commission.
The Interstate Commission shall maintain its corporate books and records in accordance
with the bylaws.
Section D. Qualified immunity; defense and indemnification.
The members, officers, executive director, and employees of the Interstate Commission shall
be immune from suit and liability, either personally or in their official capacity, for any claim for
damage to or loss of property or personal injury or other civil liability caused or arising out of any
actual or alleged act, error, or omission that occurred within the scope of Interstate Commission
employment, duties, or responsibilities, provided that nothing in this paragraph shall be construed
to protect any such person from suit and/or liability for any damage, loss, injury, or liability
caused by the intentional or willful and wanton misconduct of any such person.
The Interstate Commission shall defend the commissioner of a compacting state, a
commissioner's representatives or employees, or the Interstate Commission's representatives or
employees in any civil action seeking to impose liability, arising out of any actual or alleged
act, error, or omission that occurred within the scope of Interstate Commission employment,
duties, or responsibilities, or that the defendant had a reasonable basis for believing occurred
within the scope of Interstate Commission employment, duties, or responsibilities, provided that
the actual or alleged act, error, or omission did not result from intentional wrongdoing on the
part of such person.
The Interstate Commission shall indemnify and hold the commissioner of a compacting state,
the appointed designee or employees, or the Interstate Commission's representatives or employees
harmless in the amount of any settlement or judgment obtained against such persons arising
out of any actual or alleged act, error, or omission that occurred within the scope of Interstate
Commission employment, duties, or responsibilities, or that such persons had a reasonable basis
for believing had occurred within the scope of Interstate Commission employment, duties, or
responsibilities, provided that the actual or alleged act, error, or omission did not result from gross
negligence or intentional wrongdoing on the part of such person.
ARTICLE VII
ACTIVITIES OF THE INTERSTATE COMMISSION
The Interstate Commission shall meet and take such actions as are consistent with the
provisions of this compact.
Except as otherwise provided in this compact and unless a greater percentage is required by
the bylaws, in order to constitute an act of the Interstate Commission, such act shall have been
taken at a meeting of the Interstate Commission and shall have received an affirmative vote of a
majority of the members present.
Each member of the Interstate Commission shall have the right and power to cast a vote to
which that compacting state is entitled and to participate in the business and affairs of the Interstate
Commission. A member shall vote in person on behalf of the state and shall not delegate a vote to
another member state. However, a state council shall appoint another authorized representative, in
the absence of the commissioner from that state, to cast a vote on behalf of the member state at a
specified meeting. The bylaws may provide for members' participation in meetings by telephone
or other means of telecommunication or electronic communication. Any voting conducted by
telephone, or other means of telecommunication or electronic communication, shall be subject to
the same quorum requirements of meetings where members are present in person.
The Interstate Commission shall meet at least once during each calendar year. The
chairperson of the Interstate Commission may call additional meetings at any time and, upon the
request of a majority of the members, shall call additional meetings.
The Interstate Commission's bylaws shall establish conditions and procedures under which
the Interstate Commission shall make its information and official records available to the
public for inspection or copying. The Interstate Commission may exempt from disclosure any
information or official records to the extent they would adversely affect personal privacy rights or
proprietary interests. In promulgating such rules, the Interstate Commission may make available
to law enforcement agencies records and information otherwise exempt from disclosure, and may
enter into agreements with law enforcement agencies to receive or exchange information or
records subject to nondisclosure and confidentiality provisions.
Public notice shall be given of all meetings and all meetings shall be open to the public,
except as set forth in the rules or as otherwise provided in the compact. The Interstate Commission
shall promulgate rules consistent with the principles contained in the "Government in Sunshine
Act," United States Code, title 5, section 552(b), as may be amended. The Interstate Commission
and any of its committees may close a meeting to the public where it determines by two-thirds
vote that an open meeting would be likely to:
(1) relate solely to the Interstate Commission's internal personnel practices and procedures;
(2) disclose matters specifically exempted from disclosure by statute;
(3) disclose trade secrets or commercial or financial information which is privileged or
confidential;
(4) involve accusing any person of a crime, or formally censuring any person;
(5) disclose information of a personal nature where disclosure would constitute a clearly
unwarranted invasion of personal privacy;
(6) disclose investigatory records compiled for law enforcement purposes;
(7) disclose information contained in or related to examination, operating, or condition
reports prepared by, or on behalf of or for the use of, the Interstate Commission with respect to a
regulated entity for the purpose of regulation or supervision of such entity;
(8) disclose information, the premature disclosure of which would significantly endanger the
life of a person or the stability of a regulated entity; or
(9) specifically relate to the Interstate Commission's issuance of a subpoena, or its
participation in a civil action or proceeding.
For every meeting closed pursuant to this provision, the Interstate Commission's chief legal
officer shall publicly certify that, in the officer's opinion, the meeting may be closed to the public,
and shall reference each relevant exemptive provision. The Interstate Commission shall keep
minutes, which shall fully and clearly describe all matters discussed in any meeting and shall
provide a full and accurate summary of any actions taken, and the reasons therefor, including
a description of each of the views expressed on any item and the record of any roll call vote
(reflected in the vote of each member on the question). All documents considered in connection
with any action shall be identified in such minutes.
The Interstate Commission shall collect standardized data concerning the interstate
movement of offenders as directed through its bylaws and rules which shall specify the data to be
collected, the means of collection, and data exchange and reporting requirements.
ARTICLE VIII
RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
The Interstate Commission shall promulgate rules in order to effectively and efficiently
achieve the purposes of the compact, including transition rules governing administration of the
compact during the period in which it is being considered and enacted by the states.
Rulemaking shall occur pursuant to the criteria set forth in this article and the bylaws and
rules adopted pursuant thereto. Such rulemaking shall substantially conform to the principles of
the federal Administrative Procedure Act, United States Code, title 5, section 551 et seq., and
the federal Advisory Committee Act, United States Code, title 5, appendix 2, section 1 et seq.,
as may be amended (hereinafter "APA"). All rules and amendments shall become binding as of
the date specified in each rule or amendment.
If a majority of the legislatures of the compacting states rejects a rule, by enactment of a
statute or resolution in the same manner used to adopt the compact, then such rule shall have no
further force and effect in any compacting state.
When promulgating a rule, the Interstate Commission shall:
(1) publish the proposed rule stating with particularity the text of the rule which is proposed
and the reason for the proposed rule;
(2) allow persons to submit written data, facts, opinions, and arguments, which information
shall be publicly available;
(3) provide an opportunity for an informal hearing; and
(4) promulgate a final rule and its effective date, if appropriate, based on the rulemaking
record.
Not later than 60 days after a rule is promulgated, any interested person may file a petition in
the United States District Court for the District of Columbia or in the federal district court where
the Interstate Commission's principal office is located for judicial review of such rule. If the court
finds that the Interstate Commission's action is not supported by substantial evidence (as defined
in the APA), in the rulemaking record, the court shall hold the rule unlawful and set it aside.
Subjects to be addressed within 12 months after the first meeting must, at a minimum, include:
(1) notice to victims and opportunity to be heard;
(2) offender registration and compliance;
(3) violations/returns;
(4) transfer procedures and forms;
(5) eligibility for transfer;
(6) collection of restitution and fees from offenders;
(7) data collection and reporting;
(8) the level of supervision to be provided by the receiving state;
(9) transition rules governing the operation of the compact and the Interstate Commission
during all or part of the period between the effective date of the compact and the date on which
the last eligible state adopts the compact; and
(10) mediation, arbitration, and dispute resolution.
The existing rules governing the operation of the previous compact superseded by this act
shall be null and void 12 months after the first meeting of the interstate commission created
hereunder.
Upon determination by the Interstate Commission that an emergency exists, it may
promulgate an emergency rule which shall become effective immediately upon adoption, provided
that the usual rulemaking procedures provided hereunder shall be retroactively applied to said rule
as soon as reasonably possible, in no event later than 90 days after the effective date of the rule.
ARTICLE IX
OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION
BY THE INTERSTATE COMMISSION
Section A. Oversight.
The Interstate Commission shall oversee the interstate movement of adult offenders in the
compacting states and shall monitor such activities being administered in noncompacting states
which may significantly affect compacting states.
The courts and executive agencies in each compacting state shall enforce this compact
and shall take all actions necessary and appropriate to effectuate the compact's purposes and
intent. In any judicial or administrative proceeding in a compacting state pertaining to the subject
matter of this compact which may affect the powers, responsibilities, or actions of the Interstate
Commission, the Interstate Commission shall be entitled to receive all service of process in any
such proceeding, and shall have standing to intervene in the proceeding for all purposes.
Section B. Dispute resolution.
The compacting states shall report to the Interstate Commission on issues or activities of
concern to them, and cooperate with and support the Interstate Commission in the discharge of its
duties and responsibilities.
The Interstate Commission shall attempt to resolve any disputes or other issues which are
subject to the compact and which may arise among compacting states and noncompacting states.
The Interstate Commission shall enact a bylaw or promulgate a rule providing for both
mediation and binding dispute resolution for disputes among the compacting states.
Section C. Enforcement.
The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the
provisions of this compact using any or all means set forth in article XII, section B, of this
compact.
ARTICLE X
FINANCE
The Interstate Commission shall pay or provide for the payment of the reasonable expenses
of its establishment, organization, and ongoing activities.
The Interstate Commission shall levy on and collect an annual assessment from each
compacting state to cover the cost of the internal operations and activities of the Interstate
Commission and its staff, which must be in a total amount sufficient to cover the Interstate
Commission's annual budget as approved each year. The aggregate annual assessment amount
shall be allocated based upon a formula to be determined by the Interstate Commission, taking
into consideration the population of the state and the volume of interstate movement of offenders
in each compacting state and shall promulgate a rule binding upon all compacting states, which
governs said assessment.
The Interstate Commission shall not incur any obligations of any kind prior to securing the
funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of
the compacting states, except by and with the authority of the compacting state.
The Interstate Commission shall keep accurate accounts of all receipts and disbursements.
The receipts and disbursements of the Interstate Commission shall be subject to the audit and
accounting procedures established under its bylaws. However, all receipts and disbursements of
funds handled by the Interstate Commission shall be audited yearly by a certified or licensed
public accountant and the report of the audit shall be included in and become part of the annual
report of the Interstate Commission.
Minnesota's annual assessment shall not exceed $50,000. The interstate compact for adult
offender supervision fund is established as a special fund in the Department of Corrections. The
fund consists of money appropriated for the purpose of meeting financial obligations imposed on
the state as a result of Minnesota's participation in this compact. An assessment levied or any
other financial obligation imposed under this compact is effective against the state only to the
extent that money to pay the assessment or meet the financial obligation has been appropriated
and deposited in the fund established in this paragraph.
ARTICLE XI
COMPACTING STATES, EFFECTIVE DATE, AND AMENDMENT
Any state, as defined in article II of this compact, is eligible to become a compacting state.
The compact shall become effective and binding upon legislative enactment of the compact into
law by no less than 35 of the states. The initial effective date shall be the latter of July 1, 2001,
or upon enactment into law by the 35th jurisdiction. Thereafter, it shall become effective and
binding, as to any other compacting state, upon enactment of the compact into law by that state.
The governors of nonmember states or their designees will be invited to participate in Interstate
Commission activities on a nonvoting basis prior to adoption of the compact by all states and
territories of the United States.
Amendments to the compact may be proposed by the Interstate Commission for enactment
by the compacting states. No amendment shall become effective and binding upon the Interstate
Commission and the compacting states unless and until it is enacted into law by unanimous
consent of the compacting states.
ARTICLE XII
WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT
Section A. Withdrawal.
Once effective, the compact shall continue in force and remain binding upon each and every
compacting state, provided that a compacting state may withdraw from the compact ("withdrawing
state") by enacting a statute specifically repealing the statute which enacted the compact into law.
The effective date of withdrawal is the effective date of the repeal.
The withdrawing state shall immediately notify the chairperson of the Interstate Commission
in writing upon the introduction of legislation repealing this compact in the withdrawing state.
The Interstate Commission shall notify the other compacting states of the withdrawing state's
intent to withdraw within 60 days of its receipt thereof.
The withdrawing state is responsible for all assessments, obligations, and liabilities incurred
through the effective date of withdrawal, including any obligations, the performance of which
extend beyond the effective date of withdrawal.
Reinstatement following withdrawal of any compacting state shall occur upon the
withdrawing state reenacting the compact or upon such later date as determined by the Interstate
Commission.
Section B. Default.
If the Interstate Commission determines that any compacting state has at any time defaulted
("defaulting state") in the performance of any of its obligations or responsibilities under this
compact, the bylaws, or any duly promulgated rules, the Interstate Commission may impose
any or all of the following penalties:
(1) fines, fees, and costs in such amounts as are deemed to be reasonable as fixed by the
Interstate Commission;
(2) remedial training and technical assistance as directed by the Interstate Commission;
and/or
(3) suspension and termination of membership in the compact. Suspension shall be imposed
only after all other reasonable means of securing compliance under the bylaws and rules have
been exhausted. Immediate notice of suspension shall be given by the Interstate Commission to
the governor, the chief justice or chief judicial officer of the state, the majority and minority
leaders of the defaulting state's legislature, and the state council.
The grounds for default include, but are not limited to, failure of a compacting state
to perform such obligations or responsibilities imposed upon it by this compact, Interstate
Commission bylaws, or duly promulgated rules. The Interstate Commission shall immediately
notify the defaulting state in writing of the penalty imposed by the Interstate Commission on
the defaulting state pending a cure of the default. The Interstate Commission shall stipulate
the conditions and the time period within which the defaulting state must cure its default. If
the defaulting state fails to cure the default within the time period specified by the Interstate
Commission, in addition to any other penalties imposed herein, the defaulting state may be
terminated from the compact upon an affirmative vote of a majority of the compacting states
and all rights, privileges, and benefits conferred by this compact shall be terminated from the
effective date of suspension. Within 60 days of the effective date of termination of a defaulting
state, the Interstate Commission shall notify the governor, the chief justice or chief judicial
officer, the majority and minority leaders of the defaulting state's legislature, and the state council
of such termination.
The defaulting state is responsible for all assessments, obligations, and liabilities incurred
through the effective date of termination, including any obligations, the performance of which
extends beyond the effective date of termination.
The Interstate Commission shall not bear any costs relating to the defaulting state unless
otherwise mutually agreed upon between the Interstate Commission and the defaulting state.
Reinstatement following termination of any compacting state requires both a reenactment of
the compact by the defaulting state and the approval of the Interstate Commission pursuant to
the rules.
Section C. Judicial enforcement.
The Interstate Commission may, by majority vote of the members, initiate legal action in
the United States District Court for the District of Columbia or, at the discretion of the Interstate
Commission, in the federal district where the Interstate Commission has its offices to enforce
compliance with the provisions of the compact, or its duly promulgated rules and bylaws, against
any compacting state in default. In the event judicial enforcement is necessary, the prevailing
party shall be awarded all costs of such litigation, including reasonable attorney fees.
Section D. Dissolution of compact.
The compact dissolves effective upon the date of the withdrawal or default of the compacting
state which reduces membership in the compact to one compacting state.
Upon the dissolution of this compact, the compact becomes null and void and shall be of no
further force or effect, and the business and affairs of the Interstate Commission shall be wound
up and any surplus funds shall be distributed in accordance with the bylaws.
ARTICLE XIII
SEVERABILITY AND CONSTRUCTION
The provisions of this compact shall be severable, and if any phrase, clause, sentence, or
provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.
The provisions of this compact shall be liberally constructed to effectuate its purposes.
ARTICLE XIV
BINDING EFFECT OF COMPACT AND OTHER LAWS
Section A. Other laws.
Nothing herein prevents the enforcement of any other law of a compacting state that is
not inconsistent with this compact.
All compacting states' laws conflicting with this compact are superseded to the extent of
the conflict.
Section B. Binding effect of the compact.
All lawful actions of the Interstate Commission, including all rules and bylaws promulgated
by the Interstate Commission, are binding upon the compacting states.
All agreements between the Interstate Commission and the compacting states are binding in
accordance with their terms.
Upon the request of a party to a conflict over meaning or interpretation of Interstate
Commission actions, and upon a majority vote of the compacting states, the Interstate Commission
may issue advisory opinions regarding such meaning or interpretation.
In the event any provision of this compact exceeds the constitutional limits imposed on the
legislature of any compacting state, the obligations, duties, powers, or jurisdiction sought to
be conferred by such provision upon the Interstate Commission shall be ineffective and such
obligations, duties, powers, or jurisdiction shall remain in the compacting state and shall be
exercised by the agency thereof to which such obligations, duties, powers, or jurisdiction are
delegated by law in effect at the time this compact becomes effective.
ARTICLE XV
ADMINISTRATION OF PAROLEE OR PROBATIONER
Section A. Retaking of parolee or probationer.
Where supervision of a parolee or probationer is being administered pursuant to the Interstate
Compact for Adult Supervision, 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 article within a
reasonable time, unless the parolee or probationer waives such hearing. 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 article, the appropriate officers of this state may take custody
of and detain the parolee or probationer involved for a period not to exceed 12 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.
Section B. Hearing.
Any hearing pursuant to this article may be before any 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.
Section C. Parolee and probationer hearing rights.
With respect to any hearing pursuant to this article, the parolee or probationer:
(1) 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 the parolee or probationer has committed a violation that may lead to revocation of
parole or probation;
(2) shall be permitted to advise with any person whose assistance the parolee or probationer
reasonably desires, prior to the hearing;
(3) shall have the right to confront and examine any persons who have made allegations
against the parolee or probationer, unless the hearing officer determines that such confrontation
would present a substantial present or subsequent danger of harm to such person or persons; and
(4) may admit, deny, or explain the violation alleged and may present proof, including
affidavits and other evidence, in support of the parolee's or probationer's contentions.
Section D. Record.
A record of the proceedings shall be made and preserved.
Section E. Hearing; appropriate judicial officer.
In any case of alleged parole or probation violation by a person being supervised in another
state pursuant to the Interstate Compact for Adult Supervision, 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 article, 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.
History: 2002 c 268 s 1,8; 2004 c 155 s 1,2
243.1606 ADVISORY COUNCIL ON INTERSTATE ADULT OFFENDER SUPERVISION.
    Subdivision 1. Membership. The Advisory Council on Interstate Adult Offender
Supervision consists of the following individuals or their designees:
(1) the governor;
(2) the chief justice of the Supreme Court;
(3) two senators, one from the majority and the other from the minority party, selected by the
Subcommittee on Committees of the senate Committee on Rules and Administration;
(4) two representatives, one from the majority and the other from the minority party, selected
by the house speaker;
(5) the compact administrator, selected as provided in section 243.1607;
(6) the executive director of the Center for Crime Victim Services; and
(7) other members as appointed by the commissioner of corrections.
The council may elect a chair from among its members.
    Subd. 2. Duties. The council shall oversee and administer the state's participation in the
compact described in section 243.1605. The council shall appoint the compact administrator as
the state's commissioner. In addition to these duties, the council shall develop a model policy
concerning the operations and procedures of the compact within the state.
    Subd. 3. Annual report. By January 15 of each year, the council shall report to the governor
and the legislature on its activities and the activities of the interstate commission and executive
committee as described in section 243.1605 for the preceding year. The report also must include
an assessment of how the interstate compact is functioning both within and without the state.
    Subd. 4. Expiration; expenses. The provisions of section 15.059 apply to the council except
that it does not expire.
History: 2002 c 268 s 2,8; 2004 c 155 s 2; 2005 c 136 art 13 s 4
243.1607 INTERSTATE ADULT OFFENDER SUPERVISION COMPACT
ADMINISTRATOR.
(a) The commissioner of corrections or the commissioner's designee shall serve as the
compact administrator.
(b) In addition to fulfilling the duties of compact administrator as described in the compact
and under the rules and bylaws adopted to it, the compact administrator shall serve on the
Advisory Council on Interstate Adult Offender Supervision described in section 243.1606. The
compact administrator shall cooperate with the council and report to it regularly on all aspects of
the state's participation in the compact.
(c) The compact administrator shall assess and collect fines, fees, and costs from any state or
local entity deemed responsible by the compact administrator for a default as determined by the
interstate commissioner under section 243.1605, article XII, section B.
History: 2002 c 268 s 3,8; 2004 c 155 s 2
243.1608 MS 2004 [Repealed, 2002 c 268 s 7]
243.161 RESIDING IN MINNESOTA WITHOUT PERMISSION UNDER INTERSTATE
COMPACT; PENALTY.
    Subdivision 1.MS 2004 [Repealed, 2002 c 268 s 7]
    Subd. 2. Violation of Compact for Adult Offender Supervision. Any person who is on
parole, probation, or other form of correctional supervision in another state who resides in this
state in violation of the terms or rules of the interstate Compact for Adult Offender Supervision
described in section 243.1605 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.
History: 1997 c 239 art 9 s 19; 2002 c 268 s 5
243.162 [Repealed, 2005 c 136 art 13 s 20]
243.165 [Repealed, 1993 c 326 art 10 s 18]
243.166 REGISTRATION OF PREDATORY OFFENDERS.
    Subdivision 1.[Repealed, 2005 c 136 art 3 s 31]
    Subd. 1a. Definitions. (a) As used in this section, unless the context clearly indicates
otherwise, the following terms have the meanings given them.
(b) "Bureau" means the Bureau of Criminal Apprehension.
(c) "Dwelling" means the building where the person lives under a formal or informal
agreement to do so.
(d) "Incarceration" and "confinement" do not include electronic home monitoring.
(e) "Law enforcement authority" or "authority" means, with respect to a home rule charter or
statutory city, the chief of police, and with respect to an unincorporated area, the county sheriff.
(f) "Motor vehicle" has the meaning given in section 169.01, subdivision 2.
(g) "Primary address" means the mailing address of the person's dwelling. If the mailing
address is different from the actual location of the dwelling, primary address also includes the
physical location of the dwelling described with as much specificity as possible.
(h) "School" includes any public or private educational institution, including any secondary
school, trade, or professional institution, or institution of higher education, that the person is
enrolled in on a full-time or part-time basis.
(i) "Secondary address" means the mailing address of any place where the person regularly
or occasionally stays overnight when not staying at the person's primary address. If the mailing
address is different from the actual location of the place, secondary address also includes the
physical location of the place described with as much specificity as possible.
(j) "Treatment facility" means a residential facility, as defined in section 244.052, subdivision
1
, and residential chemical dependency treatment programs and halfway houses licensed under
chapter 245A, including, but not limited to, those facilities directly or indirectly assisted by any
department or agency of the United States.
(k) "Work" includes employment that is full time or part time for a period of time exceeding
14 days or for an aggregate period of time exceeding 30 days during any calendar year, whether
financially compensated, volunteered, or for the purpose of government or educational benefit.
    Subd. 1b. 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,
or aiding, abetting, or conspiracy to commit, 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);
(ii) kidnapping under section 609.25;
(iii) criminal sexual conduct under section 609.342; 609.343; 609.344; 609.345; 609.3451,
subdivision 3
; or 609.3453; or
(iv) indecent exposure under section 617.23, subdivision 3;
(2) the person was charged with or petitioned for a violation of, or attempt to violate, or
aiding, abetting, or conspiracy to commit false imprisonment 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 pornographic work
involving a minor 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;
(3) the person was sentenced as a patterned sex offender under section 609.3455, subdivision
3a
; or
(4) the person was convicted of or adjudicated delinquent for, including pursuant to a court
martial, violating a law of the United States, including the Uniform Code of Military Justice,
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 this state to reside, work, or attend school, or enters this state and
remains for 14 days or longer; 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, unless the person is subject to a longer registration period under
the laws of another state in which the person has been convicted or adjudicated, or is subject to
lifetime registration.
If a person described in this paragraph is subject to a longer registration period in another
state or is subject to lifetime registration, the person shall register for that time period regardless
of when the person was released from confinement, convicted, or adjudicated delinquent.
(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,
or a similar law of another state or the United States, regardless of whether the person was
convicted of any offense.
(d) A person also shall register under this section if:
(1) the person was charged with or petitioned for a felony violation or attempt to violate any
of the offenses listed in paragraph (a), clause (1), or a similar law of another state or the United
States, or the person was charged with or petitioned for a violation of any of the offenses listed in
paragraph (a), clause (2), or a similar law of another state or the United States;
(2) the person was found not guilty by reason of mental illness or mental deficiency after a
trial for that offense, or found guilty but mentally ill after a trial for that offense, in states with a
guilty but mentally ill verdict; and
(3) the person was committed pursuant to a court commitment order under section 253B.18
or a similar law of another state or the United States.
    Subd. 2. Notice. When a person who is required to register under subdivision 1b, 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 and that, if the person fails to comply with the
registration requirements, information about the offender may be made available to the public
through electronic, computerized, or other accessible means. The court may not modify the
person's duty to register in the pronounced sentence or disposition order. 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. The court shall forward the signed sex offender registration form,
the complaint, and sentencing documents to the bureau. If a person required to register under
subdivision 1b, 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
1b, paragraph (c) or (d), 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.
    Subd. 3. Registration procedure. (a) Except as provided in subdivision 3a, 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 authority
that has jurisdiction in the area of the person's primary address.
(b) Except as provided in subdivision 3a, at least five days before the person starts living at a
new primary address, including living in another state, the person shall give written notice of the
new primary 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. A person required to register under this section
shall also give written notice to the assigned corrections agent or to the law enforcement authority
that has jurisdiction in the area of the person's primary address that the person is no longer living
or staying at an address, immediately after the person is no longer living or staying at that address.
The corrections agent or law enforcement authority shall, within two business days after receipt of
this information, forward it to the bureau. The bureau 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 shall notify the registration
authority in the new state of the new address. The person's registration requirements under this
section terminate after the person begins living in the new state and the bureau has confirmed the
address in the other state through the annual verification process on at least one occasion.
(c) A person required to register under subdivision 1b, paragraph (b), because the person
is working or attending school in Minnesota shall register with the law enforcement authority
that has jurisdiction in the area where the person works or attends school. In addition to other
information required by this section, the person shall provide the address of the school or of the
location where the person is employed. A person shall comply with this paragraph within five
days of beginning employment or school. A person's obligation to register under this paragraph
terminates when the person is no longer working or attending school in Minnesota.
(d) A person required to register under this section who works or attends school outside of
Minnesota shall register as a predatory offender in the state where the person works or attends
school. The person's corrections agent, or if the person does not have an assigned corrections
agent, the law enforcement authority that has jurisdiction in the area of the person's primary
address shall notify the person of this requirement.
    Subd. 3a. Registration procedure when person lacks primary address. (a) If a person
leaves a primary address and does not have a new primary address, the person shall register with
the law enforcement authority that has jurisdiction in the area where the person is staying within
24 hours of the time the person no longer has a primary address.
(b) A person who lacks a primary address shall register with the law enforcement authority
that has jurisdiction in the area where the person is staying within 24 hours after entering the
jurisdiction. Each time a person who lacks a primary address moves to a new jurisdiction without
acquiring a new primary address, the person shall register with the law enforcement authority
that has jurisdiction in the area where the person is staying within 24 hours after entering the
jurisdiction.
(c) Upon registering under this subdivision, the person shall provide the law enforcement
authority with all of the information the individual is required to provide under subdivision 4a.
However, instead of reporting the person's primary address, the person shall describe the location
of where the person is staying with as much specificity as possible.
(d) Except as otherwise provided in paragraph (e), if a person continues to lack a primary
address, the person shall report in person on a weekly basis to the law enforcement authority with
jurisdiction in the area where the person is staying. This weekly report shall occur between the
hours of 9:00 a.m. and 5:00 p.m. The person is not required to provide the registration information
required under subdivision 4a each time the offender reports to an authority, but the person shall
inform the authority of changes to any information provided under this subdivision or subdivision
4a and shall otherwise comply with this subdivision.
(e) If the law enforcement authority determines that it is impractical, due to the person's
unique circumstances, to require a person lacking a primary address to report weekly and in
person as required under paragraph (d), the authority may authorize the person to follow an
alternative reporting procedure. The authority shall consult with the person's corrections agent, if
the person has one, in establishing the specific criteria of this alternative procedure, subject to
the following requirements:
(1) the authority shall document, in the person's registration record, the specific reasons why
the weekly in-person reporting process is impractical for the person to follow;
(2) the authority shall explain how the alternative reporting procedure furthers the public
safety objectives of this section;
(3) the authority shall require the person lacking a primary address to report in person at least
monthly to the authority or the person's corrections agent and shall specify the location where
the person shall report. If the authority determines it would be more practical and would further
public safety for the person to report to another law enforcement authority with jurisdiction where
the person is staying, it may, after consulting with the other law enforcement authority, include
this requirement in the person's alternative reporting process;
(4) the authority shall require the person to comply with the weekly, in-person reporting
process required under paragraph (d), if the person moves to a new area where this process
would be practical;
(5) the authority shall require the person to report any changes to the registration information
provided under subdivision 4a and to comply with the periodic registration requirements specified
under paragraph (f); and
(6) the authority shall require the person to comply with the requirements of subdivision 3,
paragraphs (b) and (c), if the person moves to a primary address.
(f) If a person continues to lack a primary address and continues to report to the same law
enforcement authority, the person shall provide the authority with all of the information the
individual is required to provide under this subdivision and subdivision 4a at least annually, unless
the person is required to register under subdivision 1b, paragraph (c), following commitment
pursuant to a court commitment under section 253B.185 or a similar law of another state or the
United States. If the person is required to register under subdivision 1b, paragraph (c), the person
shall provide the law enforcement authority with all of the information the individual is required
to report under this subdivision and subdivision 4a at least once every three months.
(g) A law enforcement authority receiving information under this subdivision shall forward
registration information and changes to that information to the bureau within two business days of
receipt of the information.
(h) For purposes of this subdivision, a person who fails to report a primary address will
be deemed to be a person who lacks a primary address, and the person shall comply with the
requirements for a person who lacks a primary 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, 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. The registration information also must include a
written consent form signed by the person allowing a treatment facility or residential housing unit
or shelter to release information to a law enforcement officer about the person's admission to, or
residence in, a treatment facility or residential housing unit or shelter. Registration information on
adults and juveniles may be maintained together notwithstanding section 260B.171, subdivision 3.
(b) For persons required to register under subdivision 1b, paragraph (c), following
commitment pursuant to a court commitment under section 253B.185 or a similar law of another
state or the United States, in addition to other information required by this section, the registration
provided to the corrections agent or law enforcement authority must include the person's
offense history and documentation of treatment received during the person's commitment. This
documentation is limited to a statement of how far the person progressed in treatment during
commitment.
(c) Within three days of receipt, the corrections agent or law enforcement authority shall
forward the registration information to the bureau. The bureau shall ascertain whether the person
has registered with the law enforcement authority in the area of the person's primary address,
if any, or if the person lacks a primary address, where the person is staying, as required by
subdivision 3a. If the person has not registered with the law enforcement authority, the bureau
shall send one copy to that authority.
(d) The corrections agent or law enforcement authority may require that a person required to
register under this section appear before the agent or authority to be photographed. The agent or
authority shall forward the photograph to the bureau.
(1) Except as provided in clause (2), the agent or authority shall require a person required to
register under this section who is classified as a level III offender under section 244.052 to appear
before the agent or authority at least every six months to be photographed.
(2) The requirements of this paragraph shall not apply during any period where the person
to be photographed is: (i) committed to the commissioner of corrections and incarcerated, (ii)
incarcerated in a regional jail or county jail, or (iii) committed to the commissioner of human
services and receiving treatment in a secure treatment facility.
(e) During the period a person is required to register under this section, the following
provisions apply:
(1) Except for persons registering under subdivision 3a, the bureau shall mail a verification
form to the person's last reported primary address. This verification form must provide notice to
the offender that, if the offender does not return the verification form as required, information
about the offender may be made available to the public through electronic, computerized, or other
accessible means. For persons who are registered under subdivision 3a, the bureau shall mail an
annual verification form to the law enforcement authority where the offender most recently
reported. The authority shall provide the verification form to the person at the next weekly
meeting and ensure that the person completes and signs the form and returns it to the bureau.
(2) The person shall mail the signed verification form back to the bureau within ten days
after receipt of the form, stating on the form the current and last address of the person's residence
and the other information required under subdivision 4a.
(3) In addition to the requirements listed in this section, a person who is assigned to risk
level II or III under section 244.052, and who is no longer under correctional supervision for a
registration offense, or a failure to register offense, but who resides, works, or attends school in
Minnesota, shall have an annual in-person contact with a law enforcement authority as provided
in this section. If the person resides in Minnesota, the annual in-person contact shall be with
the law enforcement authority that has jurisdiction over the person's primary address or, if the
person has no address, the location where the person is staying. If the person does not reside in
Minnesota but works or attends school in this state, the person shall have an annual in-person
contact with the law enforcement authority or authorities with jurisdiction over the person's
school or workplace. During the month of the person's birth date, the person shall report to the
authority to verify the accuracy of the registration information and to be photographed. Within
three days of this contact, the authority shall enter information as required by the bureau into the
predatory offender registration database and submit an updated photograph of the person to the
bureau's predatory offender registration unit.
(4) If the person fails to mail the completed and signed verification form to the bureau within
ten days after receipt of the form, or if the person fails to report to the law enforcement authority
during the month of the person's birth date, the person is in violation of this section.
(5) For any person who fails to mail the completed and signed verification form to the bureau
within ten days after receipt of the form and who has been determined to be a risk level III offender
under section 244.052, the bureau shall immediately investigate and notify local law enforcement
authorities to investigate the person's location and to ensure compliance with this section. The
bureau also shall immediately give notice of the person's violation of this section to the law
enforcement authority having jurisdiction over the person's last registered address or addresses.
For persons required to register under subdivision 1b, paragraph (c), following commitment
pursuant to a court commitment under section 253B.185 or a similar law of another state or the
United States, the bureau shall comply with clause (1) at least four times each year. For persons
who, under section 244.052, are assigned to risk level III and who are no longer under correctional
supervision for a registration offense or a failure to register offense, the bureau shall comply
with clause (1) at least two times each year. For all other persons required to register under this
section, the bureau shall comply with clause (1) each year within 30 days of the anniversary date
of the person's initial registration.
(f) When sending out a verification form, the bureau shall determine whether the person to
whom the verification form is being sent has signed a written consent form as provided for in
paragraph (a). If the person has not signed such a consent form, the bureau shall send a written
consent form to the person along with the verification form. A person who receives this written
consent form shall sign and return it to the bureau at the same time as the verification form.
    Subd. 4a. Information required to be provided. (a) A person required to register under
this section shall provide to the corrections agent or law enforcement authority the following
information:
(1) the person's primary address;
(2) all of the person's secondary addresses in Minnesota, including all addresses used for
residential or recreational purposes;
(3) the addresses of all Minnesota property owned, leased, or rented by the person;
(4) the addresses of all locations where the person is employed;
(5) the addresses of all schools where the person is enrolled; and
(6) the year, model, make, license plate number, and color of all motor vehicles owned
or regularly driven by the person.
(b) The person shall report to the agent or authority the information required to be provided
under paragraph (a), clauses (2) to (6), within five days of the date the clause becomes applicable.
If because of a change in circumstances any information reported under paragraph (a), clauses
(1) to (6), no longer applies, the person shall immediately inform the agent or authority that the
information is no longer valid. If the person leaves a primary address and does not have a new
primary address, the person shall register as provided in subdivision 3a.
    Subd. 4b. Health care facility; notice of status. (a) For the purposes of this subdivision,
"health care facility" means a facility licensed by:
(1) the commissioner of health as a hospital, boarding care home or supervised living facility
under sections 144.50 to 144.58, or a nursing home under chapter 144A; or
(2) the commissioner of human services as a residential facility under chapter 245A to
provide adult foster care, adult mental health treatment, chemical dependency treatment to adults,
or residential services to persons with developmental disabilities.
(b) Prior to admission to a health care facility, a person required to register under this section
shall disclose to:
(1) the health care facility employee processing the admission the person's status as a
registered predatory offender under this section; and
(2) the person's corrections agent, or if the person does not have an assigned corrections
agent, the law enforcement authority with whom the person is currently required to register,
that inpatient admission will occur.
(c) A law enforcement authority or corrections agent who receives notice under paragraph (b)
or who knows that a person required to register under this section is planning to be admitted and
receive, or has been admitted and is receiving health care at a health care facility shall notify the
administrator of the facility and deliver a fact sheet to the administrator containing the following
information: (1) name and physical description of the offender; (2) the offender's conviction
history, including the dates of conviction; (3) the risk level classification assigned to the offender
under section 244.052, if any; and (4) the profile of likely victims.
(d) Except for a hospital licensed under sections 144.50 to 144.58, if a health care facility
receives a fact sheet under paragraph (c) that includes a risk level classification for the offender,
and if the facility admits the offender, the facility shall distribute the fact sheet to all residents
at the facility. If the facility determines that distribution to a resident is not appropriate given
the resident's medical, emotional, or mental status, the facility shall distribute the fact sheet to
the patient's next of kin or emergency contact.
    Subd. 5. Criminal penalty. (a) 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 is guilty of a felony and 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.
(b) Except as provided in paragraph (c), a person convicted of violating paragraph (a) shall
be committed to the custody of the commissioner of corrections for not less than a year and a day,
nor more than five years.
(c) A person convicted of violating paragraph (a), who has previously been convicted of or
adjudicated delinquent for violating this section or a similar statute of another state or the United
States, shall be committed to the custody of the commissioner of corrections for not less than
two years, nor more than five years.
(d) Prior to the time of sentencing, the prosecutor may file a motion to have the person
sentenced without regard to the mandatory minimum sentence established by this subdivision.
The motion must be accompanied by a statement on the record of the reasons for it. When
presented with the motion, or on its own motion, the court may sentence the person without
regard to the mandatory minimum sentence if the court finds substantial and compelling reasons
to do so. Sentencing a person in the manner described in this paragraph is a departure from
the Sentencing Guidelines.
(e) A person convicted and sentenced as required by this subdivision is not eligible for
probation, parole, discharge, work release, conditional release, or supervised release, until
that person has served the full term of imprisonment as provided by law, notwithstanding the
provisions of sections 241.26, 242.19, 243.05, 244.04, 609.12, and 609.135.
    Subd. 5a. Ten-year conditional release for violations committed by level III offenders.
Notwithstanding the statutory maximum sentence otherwise applicable to the offense or any
provision of the sentencing guidelines, when a court commits a person to the custody of the
commissioner of corrections for violating subdivision 5 and, at the time of the violation, the
person was assigned to risk level III under section 244.052, the court shall provide that after
the person has completed the sentence imposed, the commissioner shall place the person on
conditional release for ten years. The terms of conditional release are governed by section
609.3455, subdivision 8.
    Subd. 6. Registration period. (a) Notwithstanding the provisions of section 609.165,
subdivision 1
, and except as provided in paragraphs (b), (c), and (d), 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.18 or 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 provide the person's primary
address as required by subdivision 3, paragraph (b), fails to comply with the requirements of
subdivision 3a, fails to provide information as required by subdivision 4a, or fails to return the
verification form referenced in subdivision 4 within ten days, the commissioner of public safety
may require the person to continue to register for an additional period of five years. This five-year
period is added to the end of the offender's registration period.
(c) If a person required to register under this section is subsequently incarcerated following
a conviction for a new offense or following a revocation of probation, supervised release, or
conditional release for any offense, the person shall continue to register until ten years have
elapsed since the person was last released from incarceration or until the person's probation,
supervised release, or conditional release period expires, whichever occurs later.
(d) A person shall continue to comply with this section for the life of that person:
(1) if the person is convicted of or adjudicated delinquent for any offense for which
registration is required under subdivision 1b, or any offense from another state or any federal
offense similar to the offenses described in subdivision 1b, and the person has a prior conviction
or adjudication for an offense for which registration was or would have been required under
subdivision 1b, or an offense from another state or a federal offense similar to an offense
described in subdivision 1b;
(2) if the person is required to register based upon a conviction or delinquency adjudication
for an offense under section 609.185, clause (2), or a similar statute from another state or the
United States;
(3) if the person is required to register based upon a conviction for an offense under section
609.342, subdivision 1, paragraph (a), (c), (d), (e), (f), or (h); 609.343, subdivision 1, paragraph
(a), (c), (d), (e), (f), or (h); 609.344, subdivision 1, paragraph (a), (c), or (g); or 609.345,
subdivision 1
, paragraph (a), (c), or (g); or a statute from another state or the United States similar
to the offenses described in this clause; or
(4) if the person is required to register under subdivision 1b, paragraph (c), following
commitment pursuant to a court commitment under section 253B.185 or a similar law of another
state or the United States.
(e) A person described in subdivision 1b, paragraph (b), who is required to register under the
laws of a state in which the person has been previously convicted or adjudicated delinquent, shall
register under this section for the time period required by the state of conviction or adjudication
unless a longer time period is required elsewhere in this section.
    Subd. 7. Use of data. Except as otherwise provided in subdivision 7a or sections 244.052
and 299C.093, the data provided under this section is private data on individuals under section
13.02, subdivision 12. The data may be used only for law enforcement and corrections purposes.
State-operated services, as defined in section 246.014, are also authorized to have access to the
data for the purposes described in section 246.13, subdivision 2, paragraph (b).
    Subd. 7a. Availability of information on offenders who are out of compliance with
registration law. (a) The bureau may make information available to the public about offenders
who are 16 years of age or older and who are out of compliance with this section for 30 days
or longer for failure to provide the offenders' primary or secondary addresses. This information
may be made available to the public through electronic, computerized, or other accessible means.
The amount and type of information made available is limited to the information necessary for
the public to assist law enforcement in locating the offender.
(b) An offender who comes into compliance with this section after the bureau discloses
information about the offender to the public may send a written request to the bureau requesting
the bureau to treat information about the offender as private data, consistent with subdivision
7. The bureau shall review the request and promptly take reasonable action to treat the data as
private, if the offender has complied with the requirement that the offender provide the offender's
primary and secondary addresses, or promptly notify the offender that the information will
continue to be treated as public information and the reasons for the bureau's decision.
(c) If an offender believes the information made public about the offender is inaccurate or
incomplete, the offender may challenge the data under section 13.04, subdivision 4.
(d) The bureau is immune from any civil or criminal liability that might otherwise arise,
based on the accuracy or completeness of any information made public under this subdivision, if
the bureau acts in good faith.
    Subd. 8.[Repealed, 2005 c 136 art 3 s 31]
    Subd. 9. Offenders from other states. (a) When the state accepts an offender from another
state under a reciprocal agreement under the interstate compact authorized by section 243.16, the
interstate compact authorized by section 243.1605, 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.
(b) The Bureau of Criminal Apprehension shall notify the commissioner of corrections:
(1) when the bureau receives notice from a local law enforcement authority that a person
from another state who is subject to this section has registered with the authority, unless the
bureau previously received information about the offender from the commissioner of corrections;
(2) when a registration authority, corrections agent, or law enforcement agency in another
state notifies the bureau that a person from another state who is subject to this section is moving to
Minnesota; and
(3) when the bureau learns that a person from another state is in Minnesota and allegedly in
violation of subdivision 5 for failure to register.
(c) When a local law enforcement agency notifies the bureau of an out-of-state offender's
registration, the agency shall provide the bureau with information on whether the person is subject
to community notification in another state and the risk level the person was assigned, if any.
(d) The bureau must forward all information it receives regarding offenders covered under
this subdivision from sources other than the commissioner of corrections to the commissioner.
(e) When the bureau receives information directly from a registration authority, corrections
agent, or law enforcement agency in another state that a person who may be subject to this section
is moving to Minnesota, the bureau must ask whether the person entering the state is subject to
community notification in another state and the risk level the person has been assigned, if any.
(f) When the bureau learns that a person subject to this section intends to move into
Minnesota from another state or has moved into Minnesota from another state, the bureau shall
notify the law enforcement authority with jurisdiction in the area of the person's primary address
and provide all information concerning the person that is available to the bureau.
(g) The commissioner of corrections must determine the parole, supervised release, or
conditional release status of persons who are referred to the commissioner under this subdivision.
If the commissioner determines that a person is subject to parole, supervised release, or
conditional release in another state and is not registered in Minnesota under the applicable
interstate compact, the commissioner shall inform the local law enforcement agency that the
person is in violation of section 243.161. If the person is not subject to supervised release, the
commissioner shall notify the bureau and the local law enforcement agency of the person's status.
    Subd. 10.[Repealed, 1Sp2001 c 8 art 9 s 8]
    Subd. 10. Venue; aggregation. (a) A violation of this section may be prosecuted in any
jurisdiction where an offense takes place. However, the prosecutorial agency in the jurisdiction
where the person last registered a primary address is initially responsible to review the case
for prosecution.
(b) When a person commits two or more offenses in two or more counties, the accused may
be prosecuted for all of the offenses in any county in which one of the offenses was committed.
    Subd. 11. Certified copies as evidence. Certified copies of predatory offender registration
records are admissible as substantive evidence when necessary to prove the commission of
a violation of this section.
History: 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; 1999 c 127 s 1; 1999 c 139 art 4 s 2; 1999 c 233 s 1-3; 2000 c 260 s 28; 2000 c 311 art
2 s 1-10; 1Sp2001 c 8 art 9 s 1-4; 2002 c 222 s 1; 2003 c 116 s 2; 1Sp2003 c 2 art 8 s 4,5; 2005 c
136 art 3 s 8; art 5 s 1; 1Sp2005 c 4 art 1 s 2,3; 2006 c 260 art 3 s 7-10; 2006 c 260 art 1 s 47
243.167 REGISTRATION UNDER THE PREDATORY OFFENDER REGISTRATION
LAW FOR OTHER OFFENSES.
    Subdivision 1. Definition. As used in this section, "crime against the person" means a
violation of any of the following or a similar law of another state or of the United States: section
609.165; 609.185; 609.19; 609.195; 609.20; 609.205; 609.221; 609.222; 609.223; 609.2231;
609.224, subdivision 2 or 4; 609.2242, subdivision 2 or 4; 609.235; 609.245, subdivision 1;
609.25; 609.255; 609.3451, subdivision 2; 609.498, subdivision 1; 609.582, subdivision 1; or
617.23, subdivision 2; or any felony-level violation of section 609.229; 609.377; 609.749;
or 624.713.
    Subd. 2. When required. (a) In addition to the requirements of section 243.166, a person
also shall register under section 243.166 if:
(1) the person is convicted of a crime against the person; and
(2) the person was previously convicted of or adjudicated delinquent for an offense listed
in section 243.166 but was not required to register for the offense because the registration
requirements of that section did not apply to the person at the time the offense was committed or
at the time the person was released from imprisonment.
(b) A person who was previously required to register in any state and who has completed
the registration requirements of that state shall again register under section 243.166 if the person
commits a crime against the person.
History: 2000 c 311 art 2 s 11; 1Sp2001 c 8 art 9 s 5; 2005 c 136 art 3 s 9
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. Transportation of prisoners. 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.
History: (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]
History: (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.
History: (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. Prohibition. 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. Custody; arrest. 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.
History: 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.
History: (10049) RL s 4861; 1959 c 263 s 2; 1979 c 102 s 13; 1981 c 192 s 14
243.212 CO-PAYMENTS FOR HEALTH SERVICES.
Any inmate of an adult correctional facility under the control of the commissioner of
corrections shall incur co-payment obligations for health care services provided. The co-payment
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.
History: 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;
(12) restitution to staff ordered by a prison disciplinary hearing officer for damage to
property caused by an inmate's conduct;
(13) restitution to another inmate ordered by a prison disciplinary hearing officer for personal
injury to another caused by an inmate's conduct; and
(14) discharge of any legal obligations arising out of litigation under this subdivision.
The commissioner may authorize the payment of court-ordered restitution from an inmate's
wages when the restitution was ordered by the court as a sanction for the conviction of an offense
which is not the offense of commitment, including offenses which occurred prior to the offense
for which the inmate was committed to the commissioner. An inmate of an adult correctional
facility under the control of the commissioner is subject to actions for the enforcement of support
obligations and reimbursement of any public assistance rendered the dependent family and
relatives. The commissioner may conditionally release an inmate who is a party to an action under
this subdivision and provide for the inmate's detention in a local detention facility convenient to
the place of the hearing when the inmate is not engaged in preparation and defense.
History: (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; 1999 c 126 s 7
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, supervised release, 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. Offenders who have previously received the $100 upon their initial release from
incarceration will not receive the $100 on any second or subsequent release from incarceration
for that offense. Offenders who were sentenced as short-term offenders under section 609.105
shall not receive gate money.
    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.
History: (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; 2005 c 136 art 13 s 5
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.
History: 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.
History: 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.
History: 1988 c 656 s 5
243.26 [Repealed, 1981 c 192 s 21]

CORRECTIONAL FACILITIES

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.
History: (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.
History: 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, and state officers 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
commissioner of finance 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.
History: (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; 2003 c 112 art 2 s 50; 1Sp2003 c 2 art 5 s 3
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.
History: (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 state courts, on certificates duly certified to by the judge presiding at the sentence, 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.
History: (10798) 1911 c 228 s 2; 1965 c 869 s 16; 1986 c 444; 1999 c 216 art 7 s 18
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, and, to the
extent possible, require payment to the Department of Corrections of a per diem amount that is
substantially equal to or greater than the per diem for the cost of housing Minnesota inmates at
the same facility. This per diem cost shall be based on the assumption that the facility is at or
near capacity. 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 a Minnesota
correctional facility whose presence is seriously detrimental to the internal discipline and
well-being of the facility, or whose personal safety cannot be reasonably secured therein or in
any other state facility, provided the attorney general of the United States accept such transfer.
Such transfer shall be accomplished in the manner prescribed by United States Code, title 18,
section 5003, and acts amendatory thereof, and the commissioner of corrections may execute
such contracts as therein provided. The reimbursement of the federal government for all costs and
expenses incurred for the care, custody, subsistence, education, treatment, and training of such
transferee shall be paid from the appropriation for the operation of the Minnesota correctional
facility from which the inmate was transferred.
The chief executive officer of the transferring facility shall attach to such contract a duly
certified copy of the warrant of commitment under which such inmate is held, together with
copies of such other commitment papers as are required by section 243.49, and such other data
relating to the character and condition of such inmates as the officer may deem necessary or
may be required by the federal prison authorities. Such copy of the warrant of commitment and
accompanying papers shall constitute sufficient authority for the United States to hold such
inmate on behalf of the state of Minnesota.
Any inmate so transferred under this subdivision shall be subject to the terms and conditions
of the inmate's original sentence as if the inmate were serving the same within the confines of the
facility from which transferred. Nothing herein contained shall deprive such inmate of the right to
parole or the rights to legal process in the courts of this state.
    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, and, to the extent possible, require payment to the Department
of Corrections of a per diem amount that is substantially equal to or greater than the per diem for
the cost of housing Minnesota inmates at the same facility. This per diem cost shall be based on
the assumption that the facility is at or near capacity.
    Subd. 4.[Repealed, 1998 c 367 art 9 s 24]
    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.
History: (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; 2001 c 210 s 13; 1Sp2001 c 9 art 18 s 13,14; 2002 c 379 art 1 s 113
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.
History: 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.
History: (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 institutions.
(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 not to exceed the limits of facility infrastructure and programming space.
    Subd. 2.[Repealed, 1997 c 238 s 6]
History: (10801) RL s 5439; 1992 c 571 art 11 s 2; 1997 c 238 s 2; 2001 c 210 s 14;
1Sp2003 c 2 art 5 s 4; 2004 c 156 s 1
243.54 [Repealed, 1979 c 102 s 14]
243.55 CONTRABAND ARTICLES; EXCEPTIONS; PENALTY.
    Subdivision 1. Contraband; bringing into correctional facility; felony. 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, or is found in possession of 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, or is found in the possession of 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. Search for contraband. 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. State hospital or hospital; definition. 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, developmental disabilities, or chemical
dependency, (b) sex offenders, (c) persons with a sexual psychopathic personality, or (d) sexually
dangerous person.
History: (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; 2004 c 288 art 3 s 6; 2005 c 56 s 1
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 260.755, subdivision 12.
History: 1996 c 408 art 8 s 5; 1999 c 139 art 4 s 2
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.
History: 1997 c 239 art 9 s 23
243.557 INMATE MEALS.
Where inmates in a state correctional facility are not routinely absent from the facility for
work or other purposes, the commissioner must make three meals available Monday through
Friday, excluding holidays, and at least two meals available on Saturdays, Sundays, and holidays.
History: 1Sp2003 c 2 art 5 s 5
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.
History: (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.
History: (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.
History: (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.
History: (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.
History: (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.
History: (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.
History: (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.
History: (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.
History: 1953 c 616 s 4; 1Sp1981 c 4 art 1 s 102
243.88 PRIVATE INDUSTRY ON GROUNDS OF CORRECTIONAL INSTITUTIONS.
    Subdivision 1. Lease correctional buildings. 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. Private industry employment. 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. Private enterprise. 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. Authority not diminished. 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.
History: 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.
History: (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.
History: (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.
History: 1997 c 239 art 9 s 24
243.94 MINNESOTA CORRECTIONAL FACILITY-RUSH CITY.
There is established the Minnesota Correctional Facility-Rush City at Rush City, 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 in
the facility. The general control and management of the facility shall be under the commissioner
of corrections.
History: 1999 c 216 art 4 s 8

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