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241.277 Pilot project work program at Camp Ripley.

Subdivision 1. Program established. The commissioner of corrections shall establish a four-year pilot project work program at Camp Ripley. The program must serve adult male nonviolent felony and gross misdemeanor offenders who are ordered to complete the program by courts under section 609.113.

Subd. 2. Request for proposals. After consulting with and considering the advice of the association of Minnesota counties, the commissioner may issue a request for proposals and select a vendor to operate the program. Section 16C.08 does not apply to the issuance of the request for proposals.

Subd. 3. Program described. The program must require offenders placed there to perform physical labor for at least eight hours a day either at the facility or in other locations in the surrounding area and must provide basic educational programming in the evening.

Subd. 4. Program guidelines. The commissioner shall develop guidelines for the operation of the work program. These guidelines must, at a minimum, address the nature and location of the physical labor required and the extent of the educational programming offered.

Subd. 5. Status of offender. An offender sentenced to the work program is not committed to the commissioner of corrections. Instead, the offender is under the continuing jurisdiction of the sentencing court. Offenders sentenced to the work program are not considered incarcerated for purposes of computing good time or credit for time served.

Subd. 6. Length of stay. An offender sentenced by a court to the work program must serve a minimum of two-thirds of the pronounced sentence unless the offender is terminated from the program and remanded to the custody of the sentencing court as provided in subdivision 7. The offender may be required to remain at the program beyond the minimum sentence for any period up to the full sentence if the offender violates disciplinary rules. An offender whose program completion occurs on a Saturday, Sunday, or holiday shall be allowed to return to the community on the last day before the completion date that is not a Saturday, Sunday, or holiday. If the offender's stay in the program was extended due to a violation of the disciplinary rules and the offender's day of completion is a Saturday, Sunday, or holiday, the offender shall not be allowed to return to the community until the day following that is not a Saturday, Sunday, or holiday.

Subd. 6a. Furloughs. The commissioner may furlough an offender for up to three days in the event of the death of a family member or spouse. If the commissioner determines that the offender requires serious and immediate medical attention, the commissioner may grant furloughs of up to three days to provide appropriate health care.

Subd. 7. Sanctions. The commissioner shall ensure that severe and meaningful sanctions are imposed for violations of the conditions of the work program. The commissioner shall require that an offender be removed from the program and remanded to the custody of the sentencing court if the offender:

(1) commits a material violation of or repeatedly fails to follow the rules of the program;

(2) commits any misdemeanor, gross misdemeanor, or felony offense; or

(3) presents a risk to the public, based on the offender's behavior, attitude, or abuse of alcohol or controlled substances.

Subd. 8. Disciplinary rules. By January 1, 1998, the commissioner shall develop disciplinary rules applicable to the work program, a violation of which may result in extending an offender's stay at the program for any period of time up to the maximum sentence. These rules may address violations of program rules, refusal to work, refusal to participate in the educational program, and other matters determined by the commissioner. Extending an offender's stay shall be considered to be a disciplinary sanction imposed upon the offender, and the procedure for imposing the extension and the rights of the offender in the procedure shall be those in effect for the imposition of other disciplinary sanctions at state correctional institutions.

Subd. 9. Costs of program. Counties sentencing offenders to the program must pay 25 percent of the per diem expenses for the offender. Per diem money received from the counties are appropriated to the commissioner of corrections for program expenses. Sums of money received by the commissioner under this subdivision shall not cancel until the end of the fiscal year immediately following the fiscal year in which the funds were received by the commissioner. The commissioner is responsible for all other costs associated with the placement of offenders in the program, including, but not limited to, the remaining per diem expenses and the full cost of transporting offenders to and from the program. Costs of medical care must be paid according to the provisions of section 3.739.

Subd. 10. Report. By January 15, 2002, the commissioner shall report to the chairs of the senate and house committees and divisions having jurisdiction over criminal justice policy and funding on this program. The report must contain information on the recidivism rates for offenders sentenced to the program.

HIST: 1997 c 239 art 9 s 10; 1998 c 367 art 9 s 6-8; 1998 c 386 art 2 s 73

Official Publication of the State of Minnesota
Revisor of Statutes