piers109uk/MN-Statutes huggingface dataset:
238.40 LIABILITY; INDEMNIFY PUBLIC UTILITY.
(a) Every pole, duct, and conduit agreement must contain a provision that the cable communications system shall defend, indemnify, protect, and save harmless the public utility from and against any and all claims and demands for damages to property and injury or death to persons, including payments made under any worker's compensation law or under any plan for employees' disability and death benefits, which may arise out of or be caused:
(1) by the erection, maintenance, presence, use, or removal of the cable communications system's cable, equipment, and facilities or by the proximity of the cables, equipment, and facilities of the parties to the agreement; or
(2) by any act of the cable communications system on or in the vicinity of the public utility company's poles and conduit system, in the performance of the agreement. Nothing contained in this section relieves the public utility company from liability for the negligence of the public utility company or anyone acting under its direction and control.
(b) The cable communications system shall also indemnify, protect, and save harmless the public utility:
(1) from any and all claims and demands that arise directly or indirectly from the operation of the cable communications system's facilities including taxes, special charges by others, claims, and demands (i) for damages or loss for infringement of copyright, (ii) for libel and slander, (iii) for unauthorized use of television broadcast programs, and (iv) for unauthorized use of other program material; and
(2) from and against all claims and demands for infringement of patents with respect to the manufacture, use, and operation of the cable communications equipment in combination with the public utility company's poles, conduit system, or otherwise.
(c) Nothing contained in this section relieves the public utility company from liability for the negligence of the public utility company or anyone acting under its direction and control.
238.39 LEGAL AUTHORITY.
Every pole, duct, and conduit agreement must contain a provision that the cable communications system shall submit to the public utility company evidence of the cable communications system's lawful authority to place, maintain, and operate its facilities within public streets, highways, and other thoroughfares and shall secure the legally necessary permits and consents from federal, state, county, and municipal authorities to construct, maintain, and operate facilities at the locations of poles or conduit systems of the public utility company that it uses. The parties to the agreement shall at all times observe and comply with, and the provisions of a pole, duct, and conduit agreement are subject to, the laws, ordinances, and rules that in any manner affect the rights and obligations of the parties to the agreement, so long as the laws, ordinances, or rules remain in effect.
239.23 OFFENSES; MISDEMEANOR.
Any person who shall offer or expose for sale, sell or use, or possess a false scale, weight or measure, or weighing or measuring device, or any weight or measure or weighing or measuring device which has not been sealed as provided by sections 239.01 to 239.10, or use the same in the buying or selling of any commodity or thing; or who shall dispose of any condemned weight, measure, or weighing or measuring device, or remove any tag placed thereon by any authorized employee of the division, or sell or offer or expose for sale less than the quantity represented; or sell or offer or expose for sale any such commodities in the manner contrary to law; or sell or offer for sale or possess for the purpose of selling, any device or instrument to be used to, or calculated to, falsify any weight or measure, or refuse to pay any fee charged for testing and sealing or condemning any scale, weight, or measure, or weighing or measuring device, shall be guilty of a misdemeanor.
241.20 INMATES TO DO CONSERVATION WORK.
Whenever the commissioner of corrections deems it conducive to the rehabilitation of inmates of correctional institutions under the commissioner's control the commissioner may use selected inmates in the general improvement, maintenance, conservation, reforestation, soil erosion control, soil rehabilitation, and cultivation of any land within the control of the commissioner and, pursuant to agreement with the head of any other state department or agency, of lands under control of such department or agency.
237.155 CREDIT FOR INCORRECT DIRECTORY ASSISTANCE.
A local exchange carrier that provides directory assistance to customers for a fee, either directly or by contracting with a third party, must provide for an immediate credit to a customer that informs the directory assistance provider that the provider has given the customer incorrect information for which the provider charged the customer a fee. A local exchange carrier must notify its customers of the right to the immediate credit for incorrect directory assistance. The notice must be in a writing labeled "NOTICE OF RIGHT TO INCORRECT DIRECTORY ASSISTANCE CREDIT." The notice must be given to a new customer within 45 days of commencing service and at least annually thereafter and the notification print must be of sufficient size to be clearly legible.
243.24 MONEY, HOW USED; FORFEITURE.
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.
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.
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.
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.
241.21 INMATES AVAILABLE TO STATE DEPARTMENTS.
To carry out the purposes of section 241.20, the commissioner of corrections may make inmates available to the head of any state department or agency for work upon any land which is within the jurisdiction or control of such department or agency, and the commissioner of corrections and the head of any state department or agency having land under its jurisdiction or control may enter into written agreements upon such terms as may be necessary to provide for the use and the orderly supervision of such inmates.
238.41 INSURANCE.
The cable communications system shall carry insurance to protect the parties to the agreement from and against any and all claims, demands, actions, judgments, costs, expenses, and liabilities which may arise or result, directly or indirectly, from or by reason of the loss, injury, claim, or damage. The amount of the insurance must be agreed to by the parties to this agreement. The cable communications system shall also carry insurance to protect it from all claims under workers' compensation laws in effect that may be applicable to it. Insurance required must remain in effect for the entire term of the agreement.
239.24 HINDERING OFFICIAL; MISDEMEANOR.
Any person hindering, impeding, or restricting in any way any employee of the division while in the performance of official duty shall be guilty of a misdemeanor.
244.195 DEFINITIONS.
For purposes of sections 244.195 to 244.24, the terms defined in this section have the meanings given them.
MS 2022 [Repealed by amendment, 2023 c 52 art 17 s 5]
MS 2022 [Repealed by amendment, 2023 c 52 art 17 s 5]
MS 2022 [Repealed by amendment, 2023 c 52 art 17 s 5]
[Repealed, 2009 c 59 art 4 s 9]
"Commissioner" means the commissioner of corrections.
"Detain" means to take into actual custody, including custody within a local correctional facility.
"Probation" has the meaning given in section 609.02, subdivision 15.
"Probation agency" means an entity supervising an individual on probation, which may include the Department of Corrections field services or an agency, including a Tribal Nation, organized under section 244.19 or chapter 401.
"Probation officer" means a county or Tribal probation officer or community supervision officer employed by a probation agency.
"Probation violation sanction":
(1) includes but is not limited to electronic monitoring, intensive probation, sentencing to service, reporting to a day reporting center, substance use disorder or mental health treatment or counseling, community work service, remote electronic alcohol monitoring, random drug testing, and participation in an educational or restorative justice program; and
(2) does not include any type of custodial sanction, including but not limited to detention and incarceration.
"Release" means to release from actual custody.
"Sanctions conference" means a voluntary conference at which a probation officer; an individual on probation; and, if appropriate, other interested parties meet to discuss the probation violation sanction imposed because of the individual's technical violation.
"Sanctions conference form" means a plain-language form developed by a probation agency with the approval of the district court that explains the sanctions conference and that the individual on probation may elect to participate in the sanctions conference or proceed to a judicial hearing.
"Technical violation" means any violation of a court order of probation, except an allegation of a subsequent criminal act that is alleged in a formal complaint, citation, or petition.
241.22 MAY EXPEND MONEY.
For the purposes of sections 241.20 to 241.23, the commissioner of corrections may lawfully expend money from the current expense appropriations, revolving funds, and building appropriations of any state correctional facility under the commissioner's control, including the contingent fund appropriated to the commissioner of corrections.
238.42 ADDITIONAL CONTRACT TERMS.
Nothing contained in sections 238.02, subdivisions 3a, 20a, and 31b, and 238.37 to 238.42 in any way prohibits a public utility company from including in its pole, duct, and conduit agreements with cable communications systems additional terms which do not conflict with sections 238.02, subdivisions 3a, 20a, and 31b, and 238.37 to 238.42.
240.35 DETENTION OF SUSPECTS.
A licensee of the commission may detain a person if the licensee has probable cause to believe that the person detained has violated section 609.76 while at a card club authorized by section 240.30. For purposes of this section, "licensee" means the commission's director of racing security or a security officer licensed under Minnesota Rules, chapter 7878.
(a) A licensee may detain a person to:
(1) require the person to provide identification or to verify identification;
(2) inquire as to whether the person possesses any contraband as provided by section 609.762, subdivision 1;
(3) notify a peace officer of the alleged violation; or
(4) institute criminal proceedings against the person.
(b) The person detained must be promptly informed of the purpose of the detention and may not be subjected to unnecessary or unreasonable force, nor to interrogation against the person's will. If at any time the person detained requests the licensee to summon a peace officer, the licensee must notify a peace officer immediately. A licensee of the Minnesota Racing Commission must not detain a person for more than one hour unless a peace officer requests detention, in which case the person may be detained until the peace officer has accepted custody of or released the person.
Upon a charge being made by a licensee, a peace officer may arrest a person without a warrant if the officer has probable cause to believe that the person has committed or attempted to commit an offense described in section 609.76.
No licensee or peace officer is criminally or civilly liable for any detention authorized by this section if probable cause exists for the detention, and the detention was not conducted with unreasonable force or in bad faith.
241.23 CHIEF EXECUTIVE OFFICER TO MAKE SELECTION.
When inmates are to be used in any work authorized by sections 241.20 to 241.23, they shall be selected, with the approval of the commissioner of corrections, by the chief executive officer of any state adult correctional facility, in the following manner and order of preference:
(1) suitable inmates of state adult minimum security facilities;
(2) inmates who are not habitual offenders or guilty of heinous crimes and who, in the opinion of the chief executive officers of the facilities, are not incorrigible and who are physically capable and otherwise suitable for the character of the work provided for in sections 241.20 to 241.23.
238.43 REGIONAL CHANNEL.
[Renumbered 238.02, subd 31c]
The purpose of this section is to facilitate the activation of a metropolitan area interconnected regional channel, to be uniformly carried on VHF channel 6 on cable communications systems operating in the metropolitan area in order to provide a broad range of informational, educational, and public service programs and materials to metropolitan area cable subscribers.
Franchises for cable communications systems franchised in whole or in part within the metropolitan area shall contain a provision designating the standard VHF channel 6 for uniform regional channel usage; provided, however, that until the regional channel becomes operational, the designated VHF channel 6 may be utilized by the cable communications system as it deems appropriate. The designated regional channel may be combined with the government access channel until such time as the video programming usage of the government access channel expands to such point as it is in use during 80 percent of the time between 8:00 a.m. and 10:00 p.m. during any consecutive six-week period. Use of time on the regional channel must be made available without charge.
The regional channel will provide a broad range of informational, educational, and public service programs and materials to metropolitan area cable subscribers.
The Cable Communications Board may designate a regional channel entity prior to July 1, 1985. If the Cable Communications Board does not designate an entity by June 30, 1985, the Metropolitan Council shall appoint the governing body of the regional channel entity which must consist of 15 members appointed to three-year terms. In making the initial appointments the Metropolitan Council shall designate one-third of the appointees to serve one-year terms, one-third to serve two-year terms, and one-third to serve three-year terms. In the case of a vacancy the council shall appoint a person to fill the vacancy for the remainder of the unexpired term. The Metropolitan Council shall name three appointees from the recommendations received from the Association of Metropolitan Municipalities and three from the recommendations received from the cable communications companies operating in the metropolitan area.
The regional channel entity may operate the regional channel or designate the operator of the regional channel. In the event the regional channel entity designates the operator of the regional channel, the designation must be for an initial period not exceeding three years. Before the expiration of the three-year period, the regional channel entity shall review its designation and consider renewal for a term not exceeding three years. Nothing in this section creates any right to renewal for the operator designated by the regional channel entity.
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.
244.197 INITIATING SANCTIONS CONFERENCE.
(a) Unless the district court directs otherwise, a probation agency may use a sanctions conference to address a technical violation of an individual on probation. If a sanctions conference is used, sections 244.197 to 244.1995 apply.
(b) Sections 244.197 to 244.1995 apply to both adults and juveniles on probation.
(a) If a probation agency has reason to believe that an individual on probation has committed a technical violation, the agency must:
(1) notify the individual in writing of the specific nature of the technical violation; and
(2) schedule a sanctions conference.
(b) The notice must also state that if the individual on probation fails to appear at the sanctions conference, the probation agency may apprehend and detain the individual under section 244.1951 and ask the court to initiate revocation proceedings under section 609.14 and rule 27.04 of the Rules of Criminal Procedure.
(c) To the extent feasible, the sanctions conference must take place within seven days after the individual on probation is mailed the notice. The notice must include the conference's date, time, and location.
At a sanctions conference, a probation officer must provide the individual on probation with a copy of a sanctions conference form. The individual must:
(1) stipulate in writing that the individual:
(i) has received a copy of the sanctions conference form; and
(ii) understands the information in the form and the options available to the individual; and
(2) declare in writing whether the individual will participate in the sanctions conference or proceed with a judicial hearing.
243.255 PRIVATE INSURANCE POLICIES; SUBROGATION.
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.
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.
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.
The provisions of section 62A.044 apply to this section.
241.241 PRISON GARDENING PROGRAM.
The commissioner shall establish a gardening program for inmates at each correctional facility where space and security allows for operation of a garden. The garden shall be primarily tended by inmates. The commissioner shall strive to raise produce that can be used to feed inmates in state correctional facilities. The commissioner shall donate any portion of the harvest that cannot be used to feed inmates to food shelves and charities located near the correctional facility where the produce was grown.
244.198 PARTICIPATING IN SANCTIONS CONFERENCE.
If an individual on probation elects to participate in the sanctions conference, the individual's probation officer must inform the individual:
(1) orally, in writing, and in a language and manner that the individual can understand of the probation violation sanction that the probation officer is recommending for the technical violation; and
(2) that the probation violation sanction becomes effective when confirmed by a district court judge.
(a) At a sanctions conference for a nonviolent controlled substance offender, a probation agency must identify community options to address and correct an offender's technical violation only if:
(1) the offender does not present a risk to the public; and
(2) the offender is amenable to continued supervision in the community.
(b) If the probation agency determines that community options are appropriate and available in the state, the probation officer must recommend a probation violation sanction that incorporates the community options.
(c) For purposes of this subdivision, "nonviolent controlled substance offender" means an individual who meets the criteria under section 244.0513, subdivision 2, clauses (1), (2), and (5).
(a) If an individual on probation elects to participate in the sanctions conference, the probation officer conducting the sanctions conference must provide a report to the district court containing:
(1) the specific nature of the technical violation;
(2) the notice provided to the individual under section 244.197, subdivision 2;
(3) a copy of the individual's signed stipulation and declaration under section 244.197, subdivision 3; and
(4) the recommended probation violation sanction under subdivision 1 or 1a.
(b) The recommended probation violation sanction is effective when confirmed by a judge, and the order of the court is proof of confirmation.
(a) If a probation officer receives a judge's confirmed order, the officer must notify both the individual on probation and the prosecuting authority in writing that the court has approved the probation violation sanction.
(b) If the court does not confirm the officer's recommendation:
(1) the probation violation sanction does not go into effect;
(2) the probation officer must notify the individual on probation that the court has not confirmed the sanction; and
(3) the probation officer may ask the court to initiate revocation proceedings under section 609.14.
An individual on probation may appeal the judge's confirmation of the probation violation sanction as provided in rule 28.05 of the Rules of Criminal Procedure.
237.164 UNIVERSAL SERVICE DISCOUNT FOR SCHOOL OR LIBRARY.
The commission shall establish intrastate service discounts for schools and libraries by order to the extent necessary to enable schools and libraries to receive federally supported discounts.
244.199 ELECTING NOT TO PARTICIPATE.
If an individual on probation elects not to participate in the sanctions conference, the probation officer may:
(1) ask the court to initiate revocation proceedings or refer the matter to the appropriate prosecuting authority for action under section 609.14; or
(2) take action to apprehend and detain the individual under section 244.1951.
237.17 EXTENSION OF LONG-DISTANCE LINE.
Any telephone company may extend its long-distance lines into or through any city of this state for the furnishing of long-distance service only, subject to sections 237.162 and 237.163.
243.40 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.
244.1995 SANCTIONS CONFERENCE PROCEDURES.
The chief executive officer of a probation agency, with approval of the district court, must develop procedures for the sanctions conference under sections 244.197 to 244.199 and develop a sanctions conference form that includes notice to the individual on probation:
(1) of the specific court-ordered condition of probation that the individual has allegedly violated, the probation officer's authority to ask the court to revoke the individual's probation for the technical violation, and the individual's right to elect to participate in a sanctions conference to address the technical violation in lieu of the probation officer asking the court to revoke the individual's probation;
(2) that participation in the sanctions conference is in lieu of a court hearing under section 609.14 and that if the individual elects to participate in the sanctions conference, the individual must admit, or agree not to contest, the alleged technical violation and must waive the right to contest the violation at a judicial hearing, present evidence, call witnesses, cross-examine the state's witnesses, and be represented by counsel;
(3) that, if the individual chooses, the individual is entitled to a hearing before the court under section 609.14 for a determination of whether the individual committed the alleged violation, including the right to be present at the hearing, to cross-examine witnesses, to have witnesses subpoenaed for the individual, to have an attorney present or to have an attorney appointed if the individual cannot afford one, and to require the state to prove the allegations against the individual;
(4) that if, after a hearing, the court finds that the violations have been proven, the court may continue the sentence, subject to the same, modified, or additional conditions, or order a sanction that may include incarceration, additional fines, revocation of the stay of sentence, imposition of sentence, or other sanctions;
(5) that the decision to participate in the sanctions conference will not result in the probation officer recommending revocation of the individual's stay of sentence unless the individual subsequently fails to successfully complete the probation violation sanction by a specified date;
(6) that various types of probation violation sanctions may be imposed and that the probation violation sanctions imposed on the individual will depend on the nature of the individual's technical violation, criminal history, and level of supervision;
(7) that the probation violation sanctions supplement any existing conditions of probation; and
(8) that participation in the sanctions conference requires completing all probation violation sanctions imposed by the probation agency and that failing to successfully complete any imposed probation violation sanction could result in additional sanctions or initiation of revocation proceedings under section 609.14.
242.385 MINNESOTA CORRECTIONAL FACILITY-LINO LAKES.
There is hereby established the Minnesota Correctional Facility-Lino Lakes, at Lino Lakes, Minnesota, to which may be delivered 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.
[Repealed, 1974 c 156 s 4]
241.251 PRESS AND MEDIA ACCESS FOR INMATES.
Any inmate of a state correctional facility shall be permitted to speak in person or by phone at the inmate's own expense to any representative of the public news media, as defined in subdivision 4, on a daily basis between the hours of 8:00 a.m. and 9:00 p.m. except in emergency situations as defined in subdivision 5; provided that it does not interfere with the inmate's regularly assigned duties. The right to speak in person with a representative of the news media shall not constitute a regular facility visit.
Correctional authorities may limit the exercise of privileges conferred by this section by any individual inmate to one telephone call or interview per week.
Any inmate or group of inmates of a state correctional facility shall be permitted to correspond by mail with any public news media or representatives thereof, as defined in subdivision 4, on a regular basis.
Subject to the provisions of section 243.55 and the duty of the chief executive officer to take reasonable precautions to prevent the introduction of contraband into a correctional facility, representatives of the public news media shall, upon their own request, be permitted to interview any consenting inmate or representatives of a consenting group of inmates of the state at the times and under the circumstances described in subdivision 1. Any representative of the public news media who is denied access to a correctional facility must be given the reasons therefor in writing, and the representative may appeal such denial to the commissioner of corrections.
A "representative of the public news media" means a person employed by and authorized to represent any television station licensed by the Federal Communications Commission, any radio station licensed by the Federal Communications Commission, national wire service, or any newspaper or periodical having a monthly statewide circulation of at least 1,000 copies.
An emergency shall be defined as a situation in which, in the best judgment of the correctional authorities, there is an imminent threat to life, security or property.
244.20 PROBATION; FELONY SUPERVISION.
Notwithstanding sections 244.19, subdivisions 1 to 1d, and 609.135, subdivision 1, the Department of Corrections:
(1) has exclusive responsibility for providing probation services for adult felons in counties and Tribal Nations that do not take part in the Community Corrections Act subsidy program under chapter 401; and
(2) to provide felony supervision, retains the county's or Tribal Nation's funding allotted under section 401.10 for providing felony probation services.
237.19 MUNICIPAL TELECOMMUNICATIONS SERVICES.
(a) Any municipality shall have the right to own and operate a telephone exchange within its own borders, subject to the provisions of this chapter. It may construct such plant, or purchase an existing plant by agreement with the owner, or where it cannot agree with the owner on price, it may acquire an existing plant by condemnation.
(b) A municipality that owns and operates a telephone exchange may enter into a joint venture as a partner or shareholder with a telecommunications organization to provide telecommunications services within its service area.
(c) A municipality may acquire an existing plant through condemnation only if:
(1) a provider of telephone service ceases to offer telephone service and no other provider offering telephone service is available; and
(2) absent a condemnation process under this section, public safety would be negatively impacted or 911 service would become unreliable, as determined by the commission.
(d) A municipality is prohibited from using the municipality's condemnation authority under this section to intervene in the transfer or sale of a telecommunications service provider's assets.
(e) A condemnation process undertaken under this section must apply to all customers within the existing telephone exchange.
241.252 FREE COMMUNICATION SERVICES FOR INCARCERATED PERSONS.
(a) A state adult or juvenile facility under the control of the commissioner of corrections must provide incarcerated persons with voice communication services. A facility may supplement voice communication services with other communication services, including but not limited to video communication and email or electronic messaging services. A facility must at least continue to offer the services the facility offered as of January 1, 2023.
(b) To the extent that voice communication services are provided, which must not be limited beyond program participation and routine facility policies and procedures, neither the individual initiating the communication nor the individual receiving the communication must be charged for the service.
Nothing in this section allows an incarcerated person to violate an active protection order, harassment restraining order, or other no-contact order or directive.
A state agency must not receive revenue from the provision of voice communication services or any other communication services under this section, but an agency may collect commissions on communication services provided under any contract entered into before January 1, 2023.
(a) Facilities shall maintain in-person visits for incarcerated persons, and communication services must not be used to replace a facility's in-person visitation program.
(b) Notwithstanding paragraph (a), the commissioner may waive the in-person visitation program requirement under this subdivision if there is:
(1) a declared emergency under section 12.31; or
(2) a local-, state-, or federal-declared natural disaster.
The Department of Corrections must include the following information covering the previous calendar year in its annual performance report required under section 241.016:
(1) its efforts to renegotiate the agency's communication contracts, including the rates the agency is paying or charging incarcerated people or community members for any and all services in the contracts;
(2) a complete and detailed accounting of how legislatively appropriated funds for communication services are spent, including spending on expenses previously covered by commissions; and
(3) data on usage of all communication services, including monthly call and message volume.
For the purposes of this section, the following terms have the meanings given:
(1) "voice communications" means real-time, audio-only communication services, namely phone calls made over wireline telephony, voice over Internet protocol, or any other technology infrastructure; and
(2) "other communication services" means communication services other than voice communications, including but not limited to video calls and electronic messages.
239.32 STANDARD WEIGHT OF BUSHEL.
In contracts for the sale of any of the following articles, the term "bushel" shall mean the number of pounds avoirdupois herein stated: corn, in ear, 70; beans (except lima beans, scarlet runner pole beans, white runner pole beans and broad windsor beans), smooth peas, wheat, clover seed, Irish potatoes and alfalfa, 60; broom corn seed and sorghum seed, 57; shelled corn (except sweet corn), rye, lima beans, flaxseed and wrinkled peas, 56; sweet potatoes and turnips, 55; onions and rutabagas, 52; buckwheat, hempseed, rapeseed, beets, green apples, walnuts, rhubarb, hickory nuts, chestnuts, tomatoes, scarlet runner pole beans and white runner pole beans, 50; barley, millet, Hungarian grass seed, sweet corn, cucumbers and peaches, 48; broad windsor beans, 47; carrots, timothy seed and pears, 45; parsnips, 42; spelt or spilts, 40; cranberries, 36; oats and bottom onion-sets, 32; dried apples, dried peaches and top onion-sets, 28; peanuts, 22; blue grass, orchard grass and redtop seed, 14; plastering hair, unwashed, 8; plastering hair, washed, 4; lime, 80; but if sold by the barrel the weight shall be 200 pounds. In contracts for the sale of green apples, the term "bushel" shall mean 2150.42 cubic inches.
237.20 CONDEMNATION: NOTICE, COMPENSATION, APPEAL.
When a municipality decides in the manner above provided to acquire an existing plant by condemnation, it shall give notice to the commission which shall determine the just compensation which the owner of the plant is entitled to receive from the municipality. Before deciding upon the compensation, the commission shall, at a public meeting which may be adjourned from time to time, hear all interested parties on the question involved. The commission shall by order fix the compensation and furnish a copy of its order to the municipality and to the telephone company concerned. An appeal may be taken to the district court of the county in which the plant is situated from that part of the order fixing the compensation to be paid, within 30 days, by either party. The appeal shall be tried the same as other appeals hereunder. If no appeal is taken, the order of the commission shall become final at the end of 30 days.
241.253 REPORTING ON INMATE COMMUNICATION SERVICES REQUIRED.
(a) By February 28 of each year, each county and regional correctional facility in the state, including a jail, juvenile detention center, workhouse, or lockup, must report to the commissioner of corrections on their communications contracts for incarcerated people. The report must include the total number of phone calls, phone call minutes, video visits, and e-messages initiated or received by incarcerated people in such facilities during the preceding calendar year. The report must also include the total amount of revenue generated by vendors at each facility in the preceding calendar year. The report must also include the total amount of commissions earned by each county and regional correctional facility, including a jail, juvenile detention center, workhouse, or lockup, during the preceding calendar year. The report must also include how the commissions were spent.
(b) For the purposes of this section, "commission" means any form of monetary payment, in-kind payment requirement, gift, exchange of services or goods, fee, or technology allowance.
(c) By March 21 of each year, the commissioner must compile the county and regional jail communications data collected under paragraph (a) into a single report and submit the report to the chairs and ranking minority members of the legislative committees with jurisdiction over criminal justice policy.
244.21 INFORMATION ON INDIVIDUALS ON PROBATION; REPORTS.
(a) Probation service providers must collect and maintain information on individuals on probation, and the commissioner of corrections must specify the nature and extent of the information to be collected and made available to the commissioner.
(b) As a condition of state subsidy funding under section 401.10, each probation agency must by April 1 each year report:
(1) a summary of the information collected to the commissioner under paragraph (a); and
(2) any other probation- and supervision-related data necessary for the Department of Corrections' mandated legislative reports.
By May 1 each year, the commissioner must report to the chairs of the legislative committees with jurisdiction over public safety policy and finance on information collected on individuals on probation under subdivision 1.
245A.01 CITATION.
This chapter may be cited as the "Human Services Licensing Act."
242.41 MINNESOTA CORRECTIONAL FACILITY-RED WING.
There is established the Minnesota Correctional Facility-Red Wing at Red Wing, Minnesota, in which may be placed persons committed to the commissioner of corrections by the courts of this state or admitted consistent with established admissions criteria. When reviewing placement requests from counties, the commissioner shall take into consideration the purpose of the Minnesota Correctional Facility-Red Wing which is to educate and provide treatment for serious and chronic juvenile offenders for which the county has exhausted local resources. The general control and management of the facility shall be under the commissioner of corrections.
239.33 STANDARD MEASUREMENTS OF WOOD.
In all contracts for sale of wood the term "cord" shall mean 128 cubic feet of wood, bark, and air, if cut in four-foot lengths; and if the sale is of "sawed wood," a cord shall mean 110 cubic feet when ranked, or 160 cubic feet when thrown irregularly or loosely into a conveyance for delivery to the purchaser; and if the sale is of "sawed and split wood," a cord shall mean 120 cubic feet, when ranked, and 175 cubic feet when thrown irregularly and loosely into a conveyance for delivery. If a measurement is made by weight, the term "cord" or any other term used to describe freshly cut wood shall be based on 79 cubic feet of solid wood content per cord. The weight per cord may vary by species or species group. In case of any dispute when the parties have not otherwise agreed in writing to the weight per cord by species or species group, the weight most recently established by the commissioner of natural resources prevails.
In all contracts for sale of wood, the term "board foot" means 144 cubic inches of wood measured in any combination of length, thickness, and width. If a measurement or scale is made of logs, Scribner's decimal C rule is the standard rule for determining board feet log scale. When measuring or scaling logs, each log must be scaled individually by the largest number of even feet in its length above eight and under 24 feet. All logs of 24 feet or more in length must be scaled as two or more logs. This section does not apply to finished lumber measured in nominal dimensions.
237.21 VALUATION OF TELEPHONE PROPERTY.
In determining the value of any telephone property for ratemaking purposes, no valuation shall be allowed upon the value of any franchise granted by the state or any municipality where no payment was or is being made to the state or municipality on account thereof. The requirement as to reasonableness of rates shall apply to each exchange unit as well as to telephone plants as a whole. Provided, that in the case of a company operating a telephone system consisting of more than one exchange in the state, reasonableness of rates, as measured by earnings, shall be determined by a reasonable return from the total operations of the system within the state rather than by the return from individual exchanges or services. No telephone rates or charges shall be allowed or approved by the commission under any circumstances, which are inadequate and which are intended to or naturally tend to destroy competition or produce a monopoly in telephone service in the locality affected.
241.267 PRISON EDUCATION PARTNERSHIPS.
The commissioner may not enter into an agreement or establish a prison education partnership with a higher education institution that:
(1) is organized as a private, for-profit postsecondary institution as described in section 136A.62, subdivision 3, clause (2), item (ii); or
(2) charges incarcerated students a higher per-credit rate than the rate for nonincarcerated students.
237.23 ACQUIRING PROPERTY OF ANOTHER COMPANY.
It shall be unlawful for any telephone company, corporation, person, partnership, or association subject to the provisions of this chapter to purchase or acquire the property, capital stock, bonds, securities, or other obligations, or the franchises, rights, privileges, and immunities of any telephone company doing business within the state without first obtaining the consent of the commission thereto; and telephone companies, corporations, persons, partnerships, or associations are hereby given the right with the consent of the commission to purchase and acquire the property, capital stock, bonds, securities, or other obligations together with all franchises, rights, privileges, and immunities owned or enjoyed by said companies. The owner and the proposed purchaser of said property shall both join in the application filed with the commission for the approval of such transfer, and in the case of a corporation desiring to sell all of its property it shall require a vote of a majority of its stockholders to ratify the same. Telephone companies may sell and dispose of any property not used by said telephone companies in the conduct of their business at the time of the sale without the consent of the commission.
Nothing herein shall be deemed to prevent the holding of stock heretofore lawfully acquired or to prevent the acquisition of additional stock by any telephone company owning a majority of the stock of any telephone company.
239.34 STANDARD WEIGHT OF COAL AND CHARCOAL.
In all contracts for the sale of coal, charcoal, and ice, the term "ton" shall mean 2,000 pounds. A sale of coal and charcoal, except by weight, is hereby prohibited.
242.43 COMMISSIONER DUTIES; CHILDREN COMMITTED TO COMMISSIONER.
The commissioner of corrections shall receive, clothe, maintain, and instruct all children duly committed to the Corrections Department and placed in a state correctional facility for juveniles and keep them in custody until placed on probation, paroled, or discharged. The commissioner may place any of these children in suitable foster care facilities or cause them to be instructed in such trades or employment as in the commissioner's judgment will be most conducive to their reformation and tend to the future benefit and advantage of these children. The commissioner may discharge any child so committed, or may recall to the facility at any time any child paroled, placed on probation, or transferred; and, upon recall, may resume the care and control thereof. The discharge of a child by the commissioner shall be a complete release from all penalties and disabilities created by reason of the commitment.
Upon the parole or discharge of any inmate of any state juvenile correctional facility, the commissioner of corrections may pay to each inmate released an amount of money not exceeding the sum of $10. All payments shall be made from the current expense fund of the facility.
237.22 DEPRECIATION; AMORTIZATION.
(a) For purposes of a proceeding to determine or investigate any wholesale or retail rate, or to set any universal service support level, the commission may fix proper and adequate rates and methods of depreciation and amortization with respect to a telephone company's property.
(b) All telephone companies shall retain data in sufficient detail for the purpose of determining depreciation accruals and reserves by depreciable telephone plant account. Depreciable plant accounts are those specified by the Federal Communications Commission for the class to which a telephone company belongs. All telephone companies shall maintain, and have available for inspection by the commission upon request, adequate accounts and records related to depreciation practices as defined herein.