Bill Text: MN HF2202 | 2013-2014 | 88th Legislature | Introduced
Bill Title: State and local jail and prison inmates required to be housed in publicly-owned and operated jails and prisons, and state and counties prohibited from contracting with private prisons.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-25 - Introduction and first reading, referred to Public Safety Finance and Policy [HF2202 Detail]
Download: Minnesota-2013-HF2202-Introduced.html
1.2relating to corrections; requiring state and local jail and prison inmates to be
1.3housed in publicly owned and operated jails and prisons; prohibiting the state
1.4and counties from contracting with private prisons; amending Minnesota Statutes
1.52012, section 241.01, subdivision 3a; proposing coding for new law in Minnesota
1.6Statutes, chapters 243; 641.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 241.01, subdivision 3a, is amended to read:
1.9 Subd. 3a. Commissioner, powers and duties. The commissioner of corrections has
1.10the following powers and duties:
1.11(a) To accept persons committed to the commissioner by the courts of this state for
1.12care, custody, and rehabilitation.
1.13(b) To determine the place of confinement of committed persons in a correctional
1.14facility or other facility of the Department of Corrections and to prescribe reasonable
1.15conditions and rules for their employment, conduct, instruction, and discipline within or
1.16outside the facility. After July 1, 2014, the commissioner shall not allow inmates to be
1.17housed in facilities that are not owned and operated by the state, a local unit of government,
1.18or a group of local units of government. Inmates shall not exercise custodial functions or
1.19have authority over other inmates. Inmates may serve on the board of directors or hold an
1.20executive position subordinate to correctional staff in any corporation, private industry or
1.21educational program located on the grounds of, or conducted within, a state correctional
1.22facility with written permission from the chief executive officer of the facility.
1.23(c) To administer the money and property of the department.
1.24(d) To administer, maintain, and inspect all state correctional facilities.
2.1(e) To transfer authorized positions and personnel between state correctional
2.2facilities as necessary to properly staff facilities and programs.
2.3(f) To utilize state correctional facilities in the manner deemed to be most efficient
2.4and beneficial to accomplish the purposes of this section, but not to close the Minnesota
2.5Correctional Facility-Stillwater or the Minnesota Correctional Facility-St. Cloud without
2.6legislative approval. The commissioner may place juveniles and adults at the same
2.7state minimum security correctional facilities, if there is total separation of and no
2.8regular contact between juveniles and adults, except contact incidental to admission,
2.9classification, and mental and physical health care.
2.10(g) To organize the department and employ personnel the commissioner deems
2.11necessary to discharge the functions of the department, including a chief executive officer
2.12for each facility under the commissioner's control who shall serve in the unclassified civil
2.13service and may, under the provisions of section43A.33 , be removed only for cause.
2.14(h) To define the duties of these employees and to delegate to them any of the
2.15commissioner's powers, duties and responsibilities, subject to the commissioner's control
2.16and the conditions the commissioner prescribes.
2.17(i) To annually develop a comprehensive set of goals and objectives designed to
2.18clearly establish the priorities of the Department of Corrections. This report shall be
2.19submitted to the governor commencing January 1, 1976. The commissioner may establish
2.20ad hoc advisory committees.
2.21EFFECTIVE DATE.This section is effective the day following final enactment.
2.22 Sec. 2. [243.95] PRIVATE PRISON CONTRACTS PROHIBITED.
2.23The commissioner may not contract with privately owned and operated prisons
2.24for the care, custody, and rehabilitation of offenders committed to the custody of the
2.25commissioner.
2.26EFFECTIVE DATE.This section is effective the day following final enactment.
2.27 Sec. 3. [641.015] PLACEMENT IN PRIVATE PRISONS PROHIBITED.
2.28 Subdivision 1. Placement prohibited. After August 1, 2014, a sheriff shall not
2.29allow inmates committed to the custody of the sheriff to be housed in facilities that are not
2.30owned and operated by a local government, or a group of local units of government.
2.31 Subd. 2. Contracts prohibited. The county board may not authorize the sheriff to
2.32contract with privately owned and operated prisons for the care, custody, and rehabilitation
2.33of offenders committed to the custody of the sheriff.
3.1EFFECTIVE DATE.This section is effective the day following final enactment.
1.3housed in publicly owned and operated jails and prisons; prohibiting the state
1.4and counties from contracting with private prisons; amending Minnesota Statutes
1.52012, section 241.01, subdivision 3a; proposing coding for new law in Minnesota
1.6Statutes, chapters 243; 641.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 241.01, subdivision 3a, is amended to read:
1.9 Subd. 3a. Commissioner, powers and duties. The commissioner of corrections has
1.10the following powers and duties:
1.11(a) To accept persons committed to the commissioner by the courts of this state for
1.12care, custody, and rehabilitation.
1.13(b) To determine the place of confinement of committed persons in a correctional
1.14facility or other facility of the Department of Corrections and to prescribe reasonable
1.15conditions and rules for their employment, conduct, instruction, and discipline within or
1.16outside the facility. After July 1, 2014, the commissioner shall not allow inmates to be
1.17housed in facilities that are not owned and operated by the state, a local unit of government,
1.18or a group of local units of government. Inmates shall not exercise custodial functions or
1.19have authority over other inmates. Inmates may serve on the board of directors or hold an
1.20executive position subordinate to correctional staff in any corporation, private industry or
1.21educational program located on the grounds of, or conducted within, a state correctional
1.22facility with written permission from the chief executive officer of the facility.
1.23(c) To administer the money and property of the department.
1.24(d) To administer, maintain, and inspect all state correctional facilities.
2.1(e) To transfer authorized positions and personnel between state correctional
2.2facilities as necessary to properly staff facilities and programs.
2.3(f) To utilize state correctional facilities in the manner deemed to be most efficient
2.4and beneficial to accomplish the purposes of this section, but not to close the Minnesota
2.5Correctional Facility-Stillwater or the Minnesota Correctional Facility-St. Cloud without
2.6legislative approval. The commissioner may place juveniles and adults at the same
2.7state minimum security correctional facilities, if there is total separation of and no
2.8regular contact between juveniles and adults, except contact incidental to admission,
2.9classification, and mental and physical health care.
2.10(g) To organize the department and employ personnel the commissioner deems
2.11necessary to discharge the functions of the department, including a chief executive officer
2.12for each facility under the commissioner's control who shall serve in the unclassified civil
2.13service and may, under the provisions of section
2.14(h) To define the duties of these employees and to delegate to them any of the
2.15commissioner's powers, duties and responsibilities, subject to the commissioner's control
2.16and the conditions the commissioner prescribes.
2.17(i) To annually develop a comprehensive set of goals and objectives designed to
2.18clearly establish the priorities of the Department of Corrections. This report shall be
2.19submitted to the governor commencing January 1, 1976. The commissioner may establish
2.20ad hoc advisory committees.
2.21EFFECTIVE DATE.This section is effective the day following final enactment.
2.22 Sec. 2. [243.95] PRIVATE PRISON CONTRACTS PROHIBITED.
2.23The commissioner may not contract with privately owned and operated prisons
2.24for the care, custody, and rehabilitation of offenders committed to the custody of the
2.25commissioner.
2.26EFFECTIVE DATE.This section is effective the day following final enactment.
2.27 Sec. 3. [641.015] PLACEMENT IN PRIVATE PRISONS PROHIBITED.
2.28 Subdivision 1. Placement prohibited. After August 1, 2014, a sheriff shall not
2.29allow inmates committed to the custody of the sheriff to be housed in facilities that are not
2.30owned and operated by a local government, or a group of local units of government.
2.31 Subd. 2. Contracts prohibited. The county board may not authorize the sheriff to
2.32contract with privately owned and operated prisons for the care, custody, and rehabilitation
2.33of offenders committed to the custody of the sheriff.
3.1EFFECTIVE DATE.This section is effective the day following final enactment.
