piers109uk/MN-Statutes huggingface dataset:
609.896 CRIMINAL USE OF REAL PROPERTY.
(a) For the purposes of this section, the following terms have the meanings given them.
(b) "Audiovisual recording function" means the capability of a device to record or transmit a motion picture or any part of a motion picture by means of any technology now known or later developed.
(c) "Convicted" includes a conviction for a similar offense under the law of another state or the federal government.
(d) "Motion picture theater" means a movie theater, screening room, or other venue when used primarily for the exhibition of a motion picture.
(a) Any person in a motion picture theater while a motion picture is being exhibited who knowingly operates an audiovisual recording function of a device without the consent of the owner or lessee of the motion picture theater is guilty of criminal use of real property.
(b) If a person is convicted of a first offense, it is a misdemeanor.
(c) If a person is convicted of a second offense, it is a gross misdemeanor.
(d) If a person is convicted of a third or subsequent offense, it is a felony and the person may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $4,000, or both.
An owner or lessee of a motion picture theater is a merchant for purposes of section 629.366.
This section does not prevent any lawfully authorized investigative, law enforcement protective, or intelligence-gathering employee or agent of the state or federal government from operating any audiovisual recording device in a motion picture theater where a motion picture is being exhibited, as part of lawfully authorized investigative, law enforcement protective, or intelligence gathering activities.
Nothing in this section prevents prosecution under any other provision of law.
609.901 CONSTRUCTION OF RACKETEERING PROVISIONS.
Sections 609.902 to 609.912 shall be liberally construed to achieve their remedial purposes of curtailing racketeering activity and controlled substance crime and lessening their economic and political power in Minnesota.
609.903 RACKETEERING.
A person is guilty of racketeering if the person:
(1) is employed by or associated with an enterprise and intentionally conducts or participates in the affairs of the enterprise by participating in a pattern of criminal activity;
(2) acquires or maintains an interest in or control of an enterprise, or an interest in real property, by participating in a pattern of criminal activity; or
(3) participates in a pattern of criminal activity and knowingly invests any proceeds derived from that conduct, or any proceeds derived from the investment or use of those proceeds, in an enterprise or in real property.
For purposes of this section, it is not unlawful to:
(1) purchase securities on the open market with intent to make an investment, and without the intent of controlling or participating in the control of the issuer, or of assisting another to do so, if the securities of the issuer held by the purchaser, the members of the purchaser's immediate family, and the purchaser's accomplices in a pattern of criminal activity do not amount in the aggregate to five percent of the outstanding securities of any one class and do not confer, either in the law or in fact, the power to elect one or more directors of the issuer;
(2) make a deposit in an account maintained in a savings association, or a deposit in any other financial institution, that creates an ownership interest in that association or institution; or
(3) purchase nonvoting shares in a limited partnership, with intent to make an investment, and without the intent of controlling or participating in the control of the partnership.
609.905 CRIMINAL FORFEITURE.
When a person is convicted of violating section 609.903, the court may order the person to forfeit to the prosecuting authority any real or personal property subject to forfeiture under this section. Property subject to forfeiture is real and personal property that was used in the course of, intended for use in the course of, derived from, or realized through conduct in violation of section 609.903. A court may not order the forfeiture of property that has been used to pay reasonable attorney fees in connection with a criminal proceeding under section 609.903. The term includes property constituting an interest in or means of control or influence over the enterprise involved in the violation of section 609.902 and any property constituting proceeds derived from the violation of section 609.902, including:
(1) a position, office, appointment, tenure, commission, or employment contract that was acquired or maintained in violation of section 609.903 or through which the person conducted or participated in the conduct of the affairs of an enterprise in violation of section 609.903 or that afforded the person a source of influence or control over the affairs of an enterprise that the person exercised in violation of section 609.903;
(2) any compensation, right, or benefit derived from a position, office, appointment, tenure, commission, or employment contract described in this section that accrued to the person during the period of conduct in violation of section 609.903;
(3) any interest in, security of, claim against, or property or contractual right affording the person a source of influence or control over the affairs of an enterprise that the person exercised in violation of section 609.903; and
(4) any amount payable or paid under any contract for goods or services that was awarded or performed in violation of section 609.903.
The district court may order criminal forfeiture of any other property of the defendant up to the value of the property that is unreachable if any property subject to criminal forfeiture under subdivision 1:
(1) cannot be located;
(2) has been sold to a bona fide purchaser for value;
(3) has been placed beyond the jurisdiction of the court;
(4) has been substantially diminished in value by the conduct of the defendant;
(5) has been commingled with other property that cannot be divided without difficulty or undue injury to innocent persons; or
(6) is otherwise unreachable without undue injury to an innocent person.
The prosecuting authority shall report on forfeitures occurring under this section as described in section 609.5315, subdivision 6.
609.904 CRIMINAL PENALTIES.
A person convicted of violating section 609.903 may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $1,000,000, or both.
In lieu of the fine authorized by subdivision 1, a person convicted of violating section 609.903, who received economic gain from the act or caused economic loss or personal injury during the act, may be sentenced to pay a fine calculated under this subdivision. The maximum fine is three times the gross value gained or three times the gross loss caused, whichever is greater, plus court costs and the costs of investigation and prosecution reasonably incurred, less the value of any property forfeited under section 609.905. The district court shall hold a hearing to determine the amount of the fine authorized by this subdivision. In imposing a fine, the court shall consider the seriousness of the conduct, whether the amount of the fine is disproportionate to the conduct in which the person engaged, its impact on victims and any legitimate enterprise involved in that conduct, as well as the economic circumstances of the convicted person, including the effect of the imposition of the fine on the person's immediate family. For purposes of this subdivision, loss does not include pain and suffering.
After the entry of a judgment that includes a fine or an order of criminal forfeiture under section 609.905, the district court may enter a restraining order or injunction, require the execution of a satisfactory performance bond, or take other action, including the appointment of a receiver, that the court deems proper to protect the interests of the prosecuting authority in collecting the money or forfeiture or an innocent party.
The court shall apply fines collected under this section to the costs and expenses of investigation and prosecution, including costs of resources and personnel incurred in investigation and prosecution and the balance, if any, as provided under section 574.34.
In a settlement discussion or before the imposition of a sentence under this section, the prosecuting authority shall vigorously advocate full and complete restitution to an aggrieved person. Before the acceptance of a plea or after a verdict but before the imposition of a sentence under this section, the district court must ensure that full and complete restitution has been duly effected or that a satisfactory explanation of why it is impractical has been made to the court.
609.907 PRESERVATION OF PROPERTY SUBJECT TO FORFEITURE.
(a) When an indictment or complaint is filed under section 609.903, the district court may take any of the following actions if the prosecuting authority shows by a preponderance of the evidence that the action is necessary to preserve the reachability of property subject to criminal forfeiture:
(1) enter a restraining order or injunction;
(2) require the execution of a satisfactory performance bond; or
(3) take any other reasonable action, including the appointment of a receiver.
(b) Before granting the remedies provided by this subdivision, the court shall hold a hearing, after notice to all affected persons, giving them a reasonable opportunity to respond. At the hearing, the rules of evidence do not apply.
(a) If no indictment or complaint has been filed, the district court may take actions provided in subdivision 1 if the prosecuting authority makes the showing required by subdivision 1 and also shows that:
(1) there is probable cause to believe that the property with respect to which the order is sought would, in the event of a conviction, be subject to criminal forfeiture under section 609.904; and
(2) the requested order would not result in substantial and irreparable harm or injury to the party against whom the order is to be entered, or to other affected persons, that outweighs the need to preserve the reachability of the property.
(b) An order entered under this subdivision is effective for a maximum of 90 days unless:
(1) extended by the district court for good cause; or
(2) terminated by the filing of an indictment or complaint alleging that the property is subject to forfeiture.
(a) On application by the prosecuting authority, the district court may grant, without notice to any party, a temporary restraining order to preserve the reachability of property subject to criminal forfeiture under section 609.905 if:
(1) an indictment or complaint alleging that property is subject to criminal forfeiture has been filed or the district court determines that there is probable cause to believe that property with respect to which the order is sought would, in the event of a conviction, be subject to criminal forfeiture under section 609.905;
(2) the property is in the possession or control of the party against whom the order is to be entered; and
(3) the district court makes a specific finding in writing that the property can be concealed, disposed of, or placed beyond the jurisdiction of the court before any party may be heard in opposition.
(b) A temporary restraining order granted without notice to any party under this subdivision expires within the time fixed by the court, not to exceed ten days. The court may extend the order for good cause shown, or if the party against whom it is entered consents to an extension. After a temporary restraining order is granted under this subdivision, a hearing concerning the entry of an order under this section shall be held at the earliest practicable time and before the temporary order expires.
609.909 ADDITIONAL RELIEF AVAILABLE.
With respect to property ordered forfeited, fine imposed, or civil penalty imposed in a criminal proceeding under section 609.903 or civil proceeding under section 609.911, the district court may, on petition of the prosecuting authority or any other person within 60 days of a final order:
(1) authorize the compromise of claims;
(2) award compensation to persons providing information that results in a forfeiture under section 609.905;
(3) grant petitions for mitigation or remission of forfeiture or fines;
(4) restore forfeited property or imposed fines to victims of a violation of section 609.903; and
(5) take any other action to protect the rights of innocent persons that is in the interest of justice and is consistent with the purposes of sections 609.901 to 609.912.
609.908 DISPOSITION OF FORFEITURE PROCEEDS.
After making due provisions for the rights of innocent persons, the prosecuting authority shall, as soon as feasible, dispose of all property ordered forfeited under section 609.905 by:
(1) public sale;
(2) transfer to a state governmental agency for official use;
(3) sale or transfer to an innocent person; or
(4) destruction, if the property is not needed for evidence in a pending criminal or civil proceeding.
An interest in personal or real property not exercisable by or transferable for value by the prosecuting authority expires and does not revert to the defendant. Forfeited property may not be purchased by the defendant, relative of the defendant, or any person acting in concert with the defendant or on the defendant's behalf.
The proceeds of a sale or other disposition of forfeited property under this section whether by final judgment, settlement, or otherwise, must be applied as follows:
(1) to the fees and costs of the forfeiture and sale including expenses of seizure, maintenance, and custody of the property pending its disposition, advertising, and court costs;
(2) to all costs and expenses of investigation and prosecution including costs of resources and personnel incurred in investigation and prosecution; and
(3) the balance to the appropriate agencies under section 609.5315, subdivision 5.
609.911 CIVIL REMEDIES.
The prosecuting authority may institute civil proceedings in district court against a person seeking relief from conduct constituting a violation of section 609.903 or to prevent or restrain future violations. If the prosecuting authority proves the alleged violation by a preponderance of the evidence, and the court has made due provision for the rights of innocent persons, the court may:
(1) order a defendant to divest an interest in an enterprise or in real property;
(2) impose reasonable restrictions on the future activities or investments of a defendant, including prohibiting a defendant from engaging in the same type of endeavor as the enterprise in which the defendant was engaged in violation of section 609.903;
(3) order the dissolution or reorganization of an enterprise;
(4) order the suspension or revocation of a license, permit, or prior approval granted to an enterprise by a state agency; or
(5) order the surrender of the charter of a corporation organized under Minnesota law, dissolution of an enterprise, or the revocation of a certificate authorizing a foreign corporation to conduct business in Minnesota, if the court finds that:
(i) the board of directors or a managerial agent acting on behalf of the corporation, in conducting the affairs of the corporation, authorized or engaged in conduct prohibited by section 609.903; and
(ii) the public interest in preventing future criminal conduct requires the action.
In a proceeding under this section, the court may grant injunctive relief.
The prosecuting authority may institute proceedings against an enterprise or an individual to recover a civil penalty. The penalty may be imposed in the discretion of the district court for conduct constituting a violation of section 609.903. The civil penalty may not exceed $1,000,000 less a fine imposed under section 609.903. Penalties collected under this section must be applied to the costs and expenses of investigation and prosecution, including costs of resources and personnel incurred in investigation and prosecution, and the balance, if any, to the state general fund.
If the district court issues an injunction, or grants other relief under this section, or the prosecuting authority otherwise substantially prevails, the prosecuting authority shall also recover reasonable attorney fees in the trial and appellate courts and costs of investigation and litigation reasonably incurred.
Personal service of process in a proceeding under this section may be made on any person outside of Minnesota if the person was a principal in any conduct constituting a violation of section 609.903 in this state. The person is deemed to have submitted to the jurisdiction of the courts of this state for the purposes of this section.
609.910 RELATION TO OTHER SANCTIONS.
Except as provided in this section, a criminal penalty, forfeiture, or fine imposed under section 609.903, 609.904, 609.905, or 609.911 does not preclude the application of any other criminal penalty or civil remedy for the separate criminal acts. A prosecuting authority may not file a civil action under section 609.911 if any prosecuting authority has filed a previous criminal proceeding under section 609.903 against the same person based on the same criminal conduct and the charges were dismissed after jeopardy attached or the person acquitted.
A restitution payment to a victim under section 609.904 does not limit the liability for damages in a civil action or proceeding for an amount greater than the restitution payment.
609.912 NOTICE TO OTHER PROSECUTING AUTHORITIES.
When a county attorney begins an investigation involving sections 609.901 to 609.911, the county attorney shall notify the attorney general. When the attorney general begins an investigation involving sections 609.901 to 609.911, the attorney general shall notify the county attorney of each county in which a substantial part of the investigation is likely to be conducted.
638.20 COMMISSION RECORD KEEPING.
The commission must keep a record of every application received, its recommendation on each application, and the final disposition of each application.
The commission's records and files are open to public inspection at all reasonable times, except for:
(1) sealed court records;
(2) presentence investigation reports;
(3) Social Security numbers;
(4) financial account numbers;
(5) driver's license information;
(6) medical records;
(7) confidential Bureau of Criminal Apprehension records;
(8) the identities of victims who wish to remain anonymous and confidential victim statements; and
(9) any other confidential data on individuals, private data on individuals, not public data, or nonpublic data under chapter 13.
641.22 PLANS AND ESTIMATES SUBMITTED.
After the receipt of the commissioner of correction's advice and suggestions, the board shall procure plans and estimates of the cost of the new jail or repairs, and submit the same to the commissioner for suggestions and for approval, so far as relates to the management, operation, and physical condition of the proposed building, and the security, safety, health, treatment, and discipline of persons detained or confined therein. Suggestions and approval shall be in writing and filed with the county auditor before any contract for purchase, lease, erection, or repairs shall be binding, or any warrant is drawn for payment for labor or materials therefor.
641.21 JAIL; ADVICE ON CONSTRUCTION.
When any county board determines to purchase, lease or erect a new jail, or to repair an existing one at an expense of more than $15,000, it shall pass a resolution to that effect, and transmit a copy thereof to the commissioner of corrections, who, within 30 days thereafter, shall transmit to that county board the advice and suggestions in reference to the purchase, lease or construction thereof as the commissioner deems proper.
641.26 CONDEMNATION OF JAILS.
When the jail of any county is insecure or otherwise unfit for use, the judge of the district court therein, on the recommendation of the grand jury or of the judge's own motion, may issue a written order condemning it; or, when the commissioner of corrections shall adjudge any county jail insecure or otherwise unfit for use, the commissioner may, with consent of the judge of the district court, issue a written order condemning it. After condemnation that jail shall not be used for the detention of any prisoner until the order of condemnation is rescinded.
641.25 DISTRICT JAILS; HOW DESIGNATED.
The commissioner of corrections, with the consent of the county board, may designate any suitable jail in the state as a district jail, to be used for the detention of prisoners from other counties in addition to those of its own. If the jail or its management becomes unfit for that purpose, the commissioner may rescind its designation. Whenever there is no sufficient jail in any county, the examining judge, or upon the judge's own motion, upon application of the sheriff, may order any person charged with a criminal offense committed to a sufficient jail in some other county. If there is a district jail in the judicial district, the charged person shall be sent to it, or to any other nearer district jail designated by the judge. The sheriff of the county containing the district jail, on presentation of the order, shall receive, keep in custody, and deliver the charged person up upon the order of the court or a judge.
642.01 LOCKUPS; ESTABLISHMENT.
The governing body of any city may purchase, build, or lease, maintain, and regulate, one or more lockups for the detention of persons charged with offenses against its ordinances and bylaws, or for the confinement of persons sentenced to imprisonment for violation of these ordinances and bylaws. Under regulations prescribed by the governing body, the lockup may be used for temporary detention of any prisoner under arrest. No purchase or lease, and no plans for building a lockup, or no plans for repairing a lockup at an expense of more than $5,000 shall be finally adopted until the same has been approved by the commissioner of corrections. No contract for erection or repair shall be valid unless the suggestions and advice of the commissioner have been filed with the clerk of the municipality before its execution.
642.02 CONSTRUCTION, REPAIR; PRESENCE OF JAILER.
The commissioner of corrections shall not approve any plan for the construction of a lockup, or repairs to an existing lockup at an estimated cost of more than $5,000, unless the plan meets the standards established by the commissioner's rules.
No prisoner shall be detained without a jailer or custodian present in the lockup, awake and alert at all times, capable of responding to the reasonable needs of the prisoner.
642.09 INSPECTION; AGENT OF COMMUNITY HEALTH BOARD; SHERIFF.
The agent of a community health board as authorized under section 145A.04 of every city having a lockup shall inspect the same once a year, with reference to its sanitary condition, make a written report thereof to the commissioner of corrections upon blanks furnished by the commissioner, and deliver a copy of such report to the governing body of such city. Upon filing such report the authorized agent shall receive from the treasurer of such municipality a fee of $5. The sheriff of any county in which a municipality maintains a lockup shall inspect such lockup at least once every biennium with the approval of the commissioner of corrections, with reference to its security and administration, and make a written report thereof to the commissioner of corrections upon blanks furnished by the commissioner, and deliver a copy of such report to the governing body of the municipality maintaining such lockup. The commissioner may grant licensure up to two years.
642.10 CONDEMNATION OF LOCKUP.
When the commissioner of corrections shall become satisfied, from the report of a local agent of a community health board as authorized under section 145A.04 or sheriff or from the report of any agent the commissioner may appoint and authorize to examine lockups, or from the commissioner's inspection that any lockup does not reasonably conform to essential conditions and details of construction, such as are prescribed by law for plans for lockups, and that such lockup is in a condition or of a construction such as to endanger the well-being, health, security or life of any person confined therein, the commissioner shall condemn such lockup by written order and it shall not be further used while such order is in force.
642.11 CONDEMNATION; HOW ENFORCED.
If any lockup condemned by the commissioner of corrections shall thereafter be used while the order of condemnation is in force, it shall be the duty of the commissioner to bring an action in the district court in the county where the lockup is, for the purpose of enforcing the order of condemnation, and upon the trial of the action a copy of such order, certified in the usual form by the commissioner, shall be conclusive evidence that such lockup has been condemned by the commissioner and shall be prima facie evidence that the lockup does not comply with the requirements of sections 642.02, 642.10 and 642.11 and is unfit for use as a lockup, and that its future use should be enjoined by the court. Evidence to sustain the order of condemnation may be received in rebuttal.
641.01 JAIL CONSTRUCTION AND MAINTENANCE; PRISONER PLACEMENT.
The county board of each county is authorized to construct, purchase, or lease, regulate and maintain, at the expense of the county, a jail for the safekeeping of prisoners, and also, adjoining and connected to it, a residence for the use of the sheriff.
Any peace officer placing a prisoner in the jail shall report immediately to the officer's superior officer concerning the fact of that placement. No prisoner shall be detained without a jailer or custodian present in the jail, awake and alert at all times, capable of responding to the reasonable needs of the prisoner.
641.262 ESTABLISHMENT OF REGIONAL JAILS BY CONTIGUOUS COUNTIES.
Two or more counties, each contiguous at one or more points with one or more of the other counties, may cooperate to establish, operate, and maintain a regional jail in the manner provided in sections 641.261 to 641.266. A county may join with other counties in the establishment, operation, and maintenance of a regional jail by majority vote of its county board. A county board so voting shall also appropriate its approximate proportionate share of the initial expenses of the proposed county regional jail, which proportion is estimated in the manner provided in section 641.264, subdivision 2, and which is paid over upon receiving notice from the regional jail board as provided in section 641.263, subdivision 1.
The county board of each cooperating county shall appoint two members to a board to be known as the regional jail board. Members appointed to the board shall be county commissioners. One of the members first appointed to the regional jail board shall be appointed for a term expiring on June 30 next following appointment, the other for a term expiring one year later. After the appointment of the first members, one succeeding member shall be appointed each year for a two-year period beginning on July 1. Each appointee shall hold office until a successor is appointed and has qualified. Vacancies are filled by the appointing power. The members of the regional jail board serve without compensation but shall be reimbursed for all necessary expenses incurred by them in performance of their official duties. This reimbursement is payable by the county from which the member is appointed, until the regional jail fund is established. When the regional jail fund is established, reimbursement shall be made from that fund. Reimbursement authorized by this subdivision is in addition to any reimbursement received by a regional jail board member who is also a member of a county board.
As soon as possible after the appointment of the members of the regional jail board by the cooperating counties, the regional jail board shall hold a joint meeting and shall elect a chair, vice-chair, and secretary. The county board of the county first appointing members to the regional jail board shall call the first meeting of the board and shall designate the place of meeting. The regional jail board shall meet at least annually thereafter at a place designated by the regional jail board and may meet at such other times and places as it considers necessary.
641.24 LEASING.
The county may, by resolution of the county board, enter into a lease agreement with any statutory or home rule charter city situated within the county, or a county housing and redevelopment authority established pursuant to chapter 469 or any special law whereby the city or county housing and redevelopment authority will construct a jail or other law enforcement facilities for the county sheriff, deputy sheriffs, and other employees of the sheriff and other law enforcement agencies, in accordance with plans prepared by or at the request of the county board and, when required, approved by the commissioner of corrections and will finance it by the issuance of revenue bonds, and the county may lease the site and improvements for a term and upon rentals sufficient to produce revenue for the prompt payment of the bonds and all interest accruing thereon and, upon completion of payment, will acquire title thereto. The real and personal property acquired for the jail shall constitute a project and the lease agreement shall constitute a revenue agreement as contemplated in chapter 469, and all proceedings shall be taken by the city or county housing and redevelopment authority and the county in the manner and with the force and effect provided in chapter 469; provided that:
(1) no tax shall be imposed upon or in lieu of a tax upon the property;
(2) the approval of the project by the commissioner of commerce shall not be required;
(3) the Department of Corrections shall be furnished and shall record such information concerning each project as it may prescribe;
(4) the rentals required to be paid under the lease agreement shall not exceed in any year one-tenth of one percent of the estimated market value of property within the county, as last finally equalized before the execution of the agreement;
(5) the county board shall provide for the payment of all rentals due during the term of the lease, in the manner required in section 641.264, subdivision 2;
(6) no mortgage on the property shall be granted for the security of the bonds, but compliance with clause (5) hereof may be enforced as a nondiscretionary duty of the county board; and
(7) the county board may sublease any part of the jail property for purposes consistent with the maintenance and operation of a county jail or other law enforcement facility.
643.29 DIMINUTION OF SENTENCE.
Any person sentenced for a term to any county jail, workhouse, or correctional work farm, whether the term is part of an executed sentence or is imposed as a condition of probation, shall, when sentenced to serve ten days or more, diminish the term of the sentence one day for each two days served, commencing on the day of arrival, during which the person has not violated any rule or discipline of the place wherein the person is incarcerated and, if required to labor, has labored with diligence and fidelity.
Any jailer, workhouse or correctional work farm superintendent, or person similarly in custody of persons incarcerated as set forth in subdivision 1 may, pursuant to a prisoner discipline plan, take away any or all of the reduction in sentence previously gained by good conduct, and in consideration of mitigating circumstances, may afterwards restore the prisoner in whole or in part, to the standing possessed before the reduction in sentence was taken away.
638.17 BOARD DECISION; NOTIFYING APPLICANT.
(a) At each meeting, the board must render a decision on each clemency application considered at the meeting or continue the matter to a future board meeting. If the board continues consideration of an application, the commission must notify the applicant in writing and explain why the matter was continued.
(b) If the commission recommends no hearing and denial of an application and no board member requests a hearing on the application, it is presumed that the board concurs with the commission's recommendation and that the application has been considered and denied on the merits.
The commission must notify the applicant in writing of the board's decision to grant or deny clemency no later than 14 calendar days from the date of the board's decision.
641.14 JAILS; SEPARATION OF PRISONERS.
The sheriff of each county is responsible for the operation and condition of the jail. If construction of the jail permits, the sheriff may permit multiple occupancy but the sheriff shall maintain strict separation of prisoners to the extent that separation is consistent with prisoners' security, safety, health, and welfare. The sheriff shall not keep in the same room or section of the jail:
(1) a minor under 18 years old and a prisoner who is 18 years old or older, unless:
(i) the minor has been committed to the commissioner of corrections under section 609.105;
(ii) the minor has been referred for adult prosecution and the prosecuting authority has filed a notice of intent to prosecute the matter for which the minor is being held under section 260B.125; or
(iii) the minor is 16 or 17 years old and has been indicted for murder in the first degree;
(2) a female prisoner and a male prisoner; and
(3) a minor under 18 years old and an extended jurisdiction juvenile 18 years old or older who is alleged to have violated the conditions of the stay of execution.
641.155 DISCHARGE PLANS.
The commissioner of corrections shall develop and distribute a model discharge planning process for every county jail or county regional jail. The commissioner may specify different model discharge plans for prisoners who have been detained pretrial and prisoners who have been sentenced to jail. The commissioner must consult best practices and the most current correctional health care standards from national accrediting organizations. The commissioner must review and update the model process as needed.
A person with a serious and persistent mental illness, as defined in section 245.462, subdivision 20, paragraph (c), who has been convicted and sentenced to serve three or more months and is being released from a county jail or county regional jail shall be referred to the appropriate staff in the county human services department at least 60 days before being released. The county human services department must complete a discharge plan with the prisoner no less than 14 days before release that may include:
(1) providing assistance in filling out an application for medical assistance or MinnesotaCare;
(2) making a referral for case management as outlined under section 245.467, subdivision 4;
(3) providing assistance in obtaining a state photo identification;
(4) securing a timely appointment with a psychiatrist or other appropriate community mental health providers; and
(5) providing prescriptions for a 30-day supply of all necessary medications.
A county may establish a program to provide services and assist prisoners with reentering the community. Reentry services may include but are not limited to:
(1) providing assistance in meeting the basic needs of the prisoner immediately after release, including but not limited to provisions for transportation, clothing, food, and shelter;
(2) providing assistance in filling out an application for medical assistance or MinnesotaCare;
(3) providing assistance in obtaining a state photo identification;
(4) providing assistance in obtaining prescriptions for all necessary medications;
(5) coordinating services with the local county services agency or the social services agency in the county where the prisoner is a resident; and
(6) coordinating services with a community mental health or substance use disorder provider.
638.19 REAPPLYING FOR CLEMENCY.
(a) After the board has considered and denied a clemency application on the merits, an applicant may not file a subsequent application for five years after the date of the most recent denial. This paragraph applies if an application is denied according to section 638.17, subdivision 1, paragraph (b).
(b) An individual may request permission to reapply before the five-year period expires based only on new and substantial information that was not and could not have been previously considered by the board or commission.
(c) If a waiver request contains new and substantial information, the commission must review the request and recommend to the board whether to waive the time restriction. When considering a waiver request, the commission is exempt from the meeting requirements under section 638.14 and chapter 13D.
(d) The board must grant a waiver request unless the governor or a board majority opposes the waiver.
An applicant who is denied or granted a commutation is not precluded from later seeking a pardon of the criminal conviction once the eligibility requirements of this chapter have been met.
638.21 LANGUAGE ACCESS AND VICTIM SUPPORT.
The commission and the board must take reasonable steps to provide meaningful language access to applicants and victims. Applicants and victims must have language access to information, documents, and services under this chapter, with each communicated in a language or manner that the applicant or victim can understand.
(a) Applicants and victims are entitled to interpreters as necessary to fulfill the purposes of this chapter, including oral or written communication. Sections 546.42 to 546.44 apply, to the extent consistent with this section.
(b) The commission or the board may not discriminate against an applicant or victim who requests or receives interpretation services.
The commission and the board must provide or contract for victim support services as necessary to support victims under this chapter.
641.20 REMOVAL OF PRISONERS IN CASE OF FIRE.
When, by reason of fire or other casualty, the prisoners in any jail are exposed to danger, the keeper may remove them to some safe place to avoid such danger.
641.23 FUNDS; HOW PROVIDED.
Before any contract is made for the erection of a county jail, sheriff's residence, or both, the county board shall either levy a sufficient tax to provide the necessary funds, or issue county bonds therefor in accordance with the provisions of chapter 475, provided that no election is required if the amount of all bonds issued for this purpose and interest on them which are due and payable in any year does not exceed an amount equal to 0.09671 percent of estimated market value of taxable property within the county, as last determined before the bonds are issued.
641.261 REGIONAL JAILS.
The purpose of sections 641.261 to 641.266 is to enable counties to cooperate to provide adequate jail facilities with suitable work programs and rehabilitation and treatment services for persons whose commitment to a county jail is authorized by law.
The regional jail shall serve as a place of commitment for persons whose commitment to a county jail is authorized by law by a court having jurisdiction within the cooperating counties, subject to admission rules and charges for care as the regional jail board may prescribe. The regional jail board may also accept the commitment of persons whose commitment to a county jail is authorized by law by a court having jurisdiction outside the cooperating counties, subject to admission rules and charges for care as the regional jail board may prescribe.
The commissioner of corrections shall promulgate, in the manner provided by law, rules relating to standards for county regional jails in the following matters:
(1) minimum aggregate population base upon which a county regional jail may be practically operated;
(2) site and buildings necessary for an adequate regional jail, considering such factors as inmate security, health, and work opportunities;
(3) qualifications of staff, and ratio of staff to inmate population;
(4) programs of work, rehabilitation, and treatment. When a county regional jail does not comply with the standards so promulgated, a judge of the district court or the commissioner of corrections may institute condemnation proceedings in the manner provided in Minnesota Statutes 1961, section 641.26.
Upon certification by the commissioner of corrections to those courts described in subdivision 2 that a regional jail has complied with the provisions of subdivision 3, all persons sentenced to imprisonment in a county jail by such courts for more than seven days, except those sentenced under section 631.425, or subject to detention in a county jail pending trial or other disposition of their cases for periods in excess of 14 days must be committed to or detained in a regional jail in the manner provided in subdivision 2.
642.03 TEMPORARY POLICE STATIONS AND LOCKUPS IN CERTAIN CASES IN CITIES OF FIRST CLASS.
When, in the opinion of the board of police commissioners of any city of the first class in the state, or of any board of the city having charge, control, and direction of the administration of the police department of the city, it shall be necessary to remove from and destroy any existing police station or lockup, and to provide and equip new temporary central police stations and lockups, pending the erection by the city, upon the site of the abandoned police station, of a new and permanent central police station and lockup, the city is hereby authorized and empowered, acting by and through its board of police commissioners, or other board having the control and direction of the administration of the police department, of the city, to lease a new site for the temporary central police station and lockup, and to provide and equip the same.
Section 642.02 shall apply to, and be binding upon, the city in the providing of a temporary central police station and lockup, under the circumstances hereinbefore stated.
642.12 INMATES; LIQUOR AND CONTROLLED SUBSTANCES; PROHIBITION.
No sheriff, jailer, police officer, or other person in charge of any jail or lockup, under any pretense, shall give, sell, or deliver to any prisoner therein any contraband, as defined in section 641.165, subdivision 1, unless a reputable physician certifies in writing that the health of such prisoner or inmate requires it, in which case the prisoner or inmate may be allowed the prescribed quantity, and no more.
642.08 JAILER FOR OPPOSITE SEX; COMPENSATION, DUTIES.
The chief executive officer of every city having a lockup shall appoint some competent person of good character and of the sex other than that of the chief of police as a jailer, who shall have exclusive charge of all persons of the jailer's sex committed thereto, and see that they are kept in a room separate from prisoners of the other sex. The jailer shall receive such compensation as the governing body shall determine, not less than $5 for each day or fraction thereof during which a prisoner of the jailer's sex is confined therein.
641.015 PLACEMENT IN PRIVATE PRISONS PROHIBITED.
After August 1, 2023, a sheriff shall not allow inmates committed to the custody of the sheriff who are not on probation, work release, or some other form of approved release status to be housed in facilities that are not owned and operated by a local government, or a group of local units of government.
(a) Except as provided in paragraph (b), the county board may not authorize the sheriff to contract with privately owned and operated prisons for the care, custody, and rehabilitation of offenders committed to the custody of the sheriff.
(b) Nothing in this section prohibits a county board from contracting with privately owned residential facilities, such as halfway houses, group homes, work release centers, or treatment facilities, to provide for the care, custody, and rehabilitation of offenders who are on probation, work release, or some other form of approved release status.
641.265 ADMISSION; WITHDRAWAL OF COUNTIES.
A county which could cooperate in a regional jail system under the provisions of section 641.262, subdivision 1, but has not cooperated in its formation, may acquire an interest in the regional jail if the county board of each of the cooperating counties decides, by majority vote, to admit the county. With the approval of the county board of each cooperating county, the regional jail board shall fix the terms and conditions upon which an additional county may acquire an interest in the regional jail. A county acquiring such an interest has all of the rights, privileges, duties, and obligations provided by sections 641.261 to 641.266, provided that as a condition for admission the county may be required to pay initially or annually a sum sufficient to reimburse to the other cooperating counties part or all of the additional county's proportionate share of amounts theretofore paid by the other counties with respect to capital cost, debt service, or lease rentals, based on the relative populations of the respective counties according to the last federal or state census preceding admission.
A county board may withdraw from cooperation in a regional jail system in accordance with the terms of a joint powers agreement. With the approval of the county board of each cooperating county, the regional jail board shall fix the sum, if any, to be paid to the county withdrawing, to reimburse it for capital cost, debt service, or lease rental payments made by the county prior to withdrawal, in excess of its proportionate share of benefits from the regional jail prior to withdrawal, and the time and manner of making the payments. The payments shall be deemed additional payments of capital cost, debt service, or lease rentals to be made proportionately by the remaining counties and, when received, shall be deposited in and paid from the regional jail fund; provided that:
(1) payments shall not be made from any amounts in the regional jail fund which are needed for maintenance and operation expenses or lease rentals currently due and payable; and
(2) the withdrawing county shall remain obligated for the payment of its proportionate share of any lease rentals due and payable after its withdrawal, in the event and up to the amount of any lease payment not made when due by one or more of the other cooperating counties.
641.266 REPORTS.
The regional jail board shall annually, and at such other times as required by the county board of a cooperating county, make a complete report regarding the cost of operation of the jail, its inmate population, and its work, treatment, and rehabilitation programs. The regional jail board shall furnish such other information as the county boards or the commissioner of corrections may require.
638.16 BOARD MEETINGS.
(a) The board must meet at least two times each year to consider and vote on clemency applications.
(b) If the commission recommends that an application receive a hearing, the board must hold a hearing on the application unless all the board members decline a hearing.
(c) If the commission recommends that an application not receive a hearing, the board must not hold a hearing on the application unless at least one board member requests a hearing.
All board meetings are open to the public as provided under chapter 13D, but the board may hold closed meetings:
(1) as provided under chapter 13D; or
(2) as necessary to protect sensitive or confidential information, including (i) a victim's identity, and (ii) sensitive or confidential victim testimony.
Unless excused by the board, the executive director and the commission's chair or vice-chair must attend all board meetings.
(a) Applicants, victims, law enforcement agencies, and the public may submit oral or written statements at a board meeting only if the application is subject to a hearing under subdivision 1.
(b) The board must take into account any statements provided to the commission when considering a clemency application.