piers109uk/MN-Statutes huggingface dataset:
244.30 CAP ON INCARCERATION FOR FIRST-TIME SUPERVISED RELEASE VIOLATIONS; EXCEPTION FOR SEX OFFENDERS.
(a) If the commissioner revokes the supervised release of a person whose release on the current offense has not previously been revoked, the commissioner may order the person to be incarcerated for no more than 90 days or until the expiration of the person's sentence, whichever is less.
(b) This section does not apply to offenders on supervised release for a violation of section 609.342, 609.343, 609.344, 609.345, 609.3451, or 609.3453.
(c) The commissioner may order a person described in this section to be incarcerated for more than 90 days if the commissioner determines that substantial and compelling reasons exist to believe that the longer incarceration period is necessary to protect the public.
244.24 ASSESSING RISK FOR INDIVIDUALS ON PROBATION.
All probation agencies must adopt written policies for assessing risk levels for individuals on probation. A probation agency must use a risk screener and risk and needs assessment tools as prescribed by its written policies.
242.44 PUPILS.
The commissioner of corrections, so far as the accommodations of the correctional facilities and other means at the commissioner's disposal will permit, may receive juvenile delinquents and juvenile offenders serving a juvenile disposition under section 260B.130, subdivision 4. The commissioner's housing of these individuals must be consistent with federal and state law, including established admissions criteria for Minnesota Correctional Facility-Red Wing. The commissioner may place these youths at employment, may provide education suitable to their years and capacity, and may place them in suitable homes. Under rules prescribed by the commissioner, when deemed best for these youths, persons committed to the commissioner's care and custody by a juvenile court may be paroled or discharged from the facility by the commissioner. All pupils in the facility shall be clothed, instructed, and maintained by the commissioner of corrections.
237.231 SALE OF LOCAL EXCHANGE SERVICE.
A Class A telephone company may not sell a local exchange service territory without receiving the prior consent of the commission. For the purposes of this section, a Class A telephone company is a telephone company which has annual revenues from regulated telecommunication operations of $100,000,000 or more, as defined by the Federal Communications Commission in Code of Federal Regulations, title 47, section 32.11, paragraphs (a)(1) and (e).
At least 90 days prior to applying to the commission for consent to a proposed sale or acquisition of a local exchange service, the selling telephone company must provide notice to its customers in that local exchange of its intent to sell and identify the affected local exchange, and the name of the proposed buyer. The notice must be on a separate document and included in the company's monthly billings to customers. The commission must approve the form of all notices.
At least 60 days prior to the hearing under subdivision 4, the telephone company proposing the sale of a local exchange service must provide each of its customers with a stamped envelope addressed to the commission and must inform the customer that the customer is encouraged to comment on the quality of service that has been provided in the local exchange service territory by the telephone company over the last 12 months.
At least 30 days prior to the commission's deliberations about a proposed sale or acquisition of a local exchange service territory, the commission must hold a public hearing at a location within the affected local exchange service territory allowing the public an opportunity to be heard and to present any concerns or comments.
The commission may not give consent to a sale of a service territory unless, at a minimum, it finds all of the following:
(1) the quality of service provided by the telephone company servicing the local exchange service territory has substantially complied with all applicable quality of service standards adopted by rule by the commission for the previous calendar year;
(2) the proposed buyer is financially responsible and capable of making necessary investments to maintain quality service at levels required by rule; and
(3) the proposed buyer demonstrates that it has an adequate number of properly trained employees to maintain service at required levels.
The commission shall, as a condition of its consent, require a proposed buyer to enter into binding commitments obligating the buyer to maintain minimum levels of investment and staffing needed to meet the commission's quality of service rules. These commitments are in addition to any other conditions that the commission may impose.
241.271 REIMBURSEMENT OF COUNTIES AND MUNICIPALITIES; BUDGET REQUEST.
The Department of Corrections shall include in its budget requests such amounts as may be claimed by any county or municipality necessary to reimburse said county or municipality for expenses of a county attorney or sheriff or municipal police department resulting from activities involving inmates of state correctional institutions located in its county or municipality.
243.465 DIVERSIFIED LABOR ACCOUNTS.
Money received in payment for the services of inmate labor employed in the industries carried on at any state correctional facility under the control of the commissioner of corrections is appropriated to the commissioner of corrections to be added to the revolving funds of these facilities. The commissioner of corrections may set aside a portion of the revolving fund of any correctional facility to be used as a diversified labor account for the introduction and encouragement of industries that in the commissioner's judgment may be beneficial to the inmates of the facilities.
244.33 COMMUNITY SUPERVISION; TARGETED INNOVATION GRANTS.
(a) The community supervision targeted innovation grant account is established in the special revenue fund in the state treasury. Appropriations and transfers to the account are credited to the account. Earnings, such as interest, dividends, and any other earnings arising from assets of the account, are credited to the account. Money remaining in the account at the end of the fiscal year is not canceled to the general fund but remains in the account until expended. Money in the account is annually appropriated to the commissioner.
(b) The commissioner must award grants to applicants that operate, or intend to operate, innovative programs that target specific aspects of community supervision that align with risk, need, and responsivity principles. When awarding grants, the commissioner must seek to ensure geographical and equitable representation across the state. The programs may include but are not limited to:
(1) access to community treatment options to address and correct behavior that is, or is likely to result in, a technical violation of the conditions of supervision or release;
(2) reentry services;
(3) restorative justice;
(4) juvenile diversion;
(5) family-centered approaches to supervision;
(6) funding the cost to implement programming and support services that decrease an individual's level of risk for continued recidivism or revocation based on interventions found effective through research-guided practices; and
(7) alternatives to incarceration programs.
(c) Grant recipients must provide an annual report to the commissioner that includes:
(1) the services provided by the grant recipient;
(2) the number of individuals served in the previous year and their supervision and risk assessment levels;
(3) measurable outcomes of the recipient's program; and
(4) any other information required by the commissioner.
(d) By January 15, 2025, and each year thereafter, the commissioner must report to the chairs and ranking minority members of the legislative committees with jurisdiction over criminal justice policy and finance on how the grant funding in this section was used. The report must detail the impact that the funding had on improving community supervision practices and outcomes.
(e) For any appropriation under this section, the commissioner may use up to five percent of the appropriation to administer the grants.
242.45 CHILDREN COMMITTED BY UNITED STATES COURTS.
The commissioner of corrections shall receive into custody and keep until duly discharged all children within the prescribed ages committed to the commissioner by order of any court of the United States within the state for offenses committed against the laws of the United States, and for the support of which children the United States shall undertake to pay a per diem charge as determined by the commissioner of corrections.
239.38 SEALING; MISDEMEANOR.
Every person who shall buy, sell, or dispose of any goods or commodities by an unsealed weight, measure, or scale kept by the person, or shall knowingly use any such weight, measure, or scale which has been sealed, but is incorrect, shall be guilty of a misdemeanor; but no contract of sale shall thereby be rendered void.
237.24 TRANSCRIBED COPY OF RECORD, EXPENSE.
A full and complete record shall be kept by the commission of all proceedings had before it upon any formal investigation or hearing and all testimony received or offered shall be taken down by the stenographer appointed by the commission and a transcribed copy of such record shall be furnished to any party to such investigation upon the payment of the expense of furnishing said transcribed copy.
When an appeal is taken from any order of the commission under the provisions of this chapter, the commission shall forthwith cause a certified transcript of all proceedings had, of all pleadings and files, and all testimony taken or offered before it upon which such order was based, showing particularly what, if any evidence, offered was excluded, to be made and filed with the court administrator of the district court where such appeal is pending.
244.40 MINNESOTA REHABILITATION AND REINVESTMENT ACT.
Sections 244.40 to 244.51 may be cited as the "Minnesota Rehabilitation and Reinvestment Act."
242.46 PROBATION SERVICES; JUVENILE COURTS.
[Repealed, 1977 c 392 s 14]
[Repealed, 1977 c 392 s 14]
The commissioner shall provide probation services to juvenile courts in counties that request it or as required by section 244.19. The commissioner shall cooperate with the judges to provide supervision to probation officers in all counties of not more than 200,000 population, in order to insure high uniform standards of operation. The costs of administrative and supervisory services shall be borne by the state.
243.48 VISITORS; STATE CORRECTIONAL FACILITIES.
The commissioner of corrections, the state correctional facilities audit group, the governor, lieutenant governor, members of the legislature, state officers, and the ombudsperson for corrections may visit the inmates at pleasure, but no other persons without permission of the chief executive officer of the facility, under rules prescribed by the commissioner. A moderate fee may be required of visitors, other than those allowed to visit at pleasure. All fees so collected shall be reported and remitted to the commissioner of management and budget under rules as the commissioner may deem proper, and when so remitted shall be placed to the credit of the general fund.
Duly licensed attorneys may visit at pleasure and have reasonable access to offender clients. Law students, paralegals and other agents working under the supervision of duly licensed attorneys, shall have reasonable access to offenders during normal business hours for the purpose of providing legal services, provided they are properly identified as representing or being the agent of a duly licensed attorney.
244.41 DEFINITIONS.
For purposes of the act, the terms defined in this section have the meanings given.
"Act" means the Minnesota Rehabilitation and Reinvestment Act.
"Commissioner" means the commissioner of corrections.
As used in sections 244.40 to 244.51, "conditional release" has the meaning given in section 609.02, subdivision 18.
"Correctional facility" means a state facility under the direct operational authority of the commissioner but does not include a commissioner-licensed local detention facility.
"Direct-cost per diem" means the actual nonsalary expenditures, including encumbrances as of July 31 following the end of the fiscal year, from the Department of Corrections expense budgets for food preparation; food provisions; personal support for incarcerated persons, including clothing, linen, and other personal supplies; transportation; and professional technical contracted health care services.
"Earned compliance credit" means a one-month reduction from the period during active supervision of the supervised release term for every two months that a supervised individual exhibits compliance with the conditions and goals of the individual's supervision plan. Earned compliance credit also applies to a conditional release term.
"Earned incentive release credit" means credit that is earned and included in calculating an incarcerated person's term of imprisonment for completing objectives established by their individualized rehabilitation plan under section 244.42.
"Earned incentive release savings" means the calculation of the direct-cost per diem multiplied by the number of incarcerated days saved for the period of one fiscal year.
"Executed sentence" means the total period for which an incarcerated person is committed to the custody of the commissioner.
"Incarcerated days saved" means the number of days of an incarcerated person's original term of imprisonment minus the number of actual days served, excluding days not served due to death or as a result of time earned in the challenge incarceration program under sections 244.17 to 244.173.
"Incarcerated person" has the meaning given "inmate" in section 244.01, subdivision 2.
"Supervised release" means the release of an incarcerated person according to section 244.05.
"Supervised release term" means the period equal to one-third of the individual's fixed executed sentence, less any disciplinary confinement period or punitive restrictive-housing confinement imposed under section 244.05, subdivision 1b.
"Supervision abatement status" means an end to active correctional supervision of a supervised individual without effect on the legal expiration date of the individual's executed sentence less any earned incentive release credit or the expiration date of a conditional release term.
"Term of imprisonment" has the meaning given in section 244.01, subdivision 8.
237.25 APPEAL FROM DECISION OF COMMISSION.
Any party to a proceeding before the commission or the attorney general may make and perfect an appeal from the order in accordance with chapter 14.
If the court finds from an examination of the record that the commission erroneously rejected evidence which should have been admitted, it shall remand the proceedings to the commission with instructions to receive the evidence rejected and any rebutting evidence and make new findings and return them to the court for further review. In such case the commission, after notice to the parties in interest, shall proceed to rehear the matter in controversy, and receive the wrongfully rejected evidence and any rebutting evidence offered and make new findings, as upon the original hearing, and transmit it and the new record, properly certified, to the court of appeals, whereupon the matter shall be again considered in the court in the same manner as in an original appeal.
242.47 INTERFERENCE WITH INMATES.
Every person who abducts, conceals, entices, carries away, or improperly interferes with, any juvenile inmate of a Minnesota correctional facility for juveniles is guilty of a misdemeanor.
241.275 PRODUCTIVE DAY INITIATIVE PROGRAMS; CORRECTIONAL FACILITIES.
(a) As used in this section, "correctional facility" includes a community-based day program in which an adult or juvenile offender is placed as part of a sentence or disposition order, if the program provides close supervision of offenders through such means as electronic monitoring and drug and alcohol testing.
(b) All counties are encouraged to establish a productive day initiative program for adult and juvenile offenders under their jurisdiction. The productive day program shall be designed to motivate offenders to develop basic life and work skills through training and education, thereby creating opportunities for offenders to achieve more successful integration into the community upon their release.
The productive day initiative programs may include, but are not limited to, components described in paragraphs (a) to (c).
(a) The initiative programs may contain programs designed to promote the offender's self-esteem, self-discipline, and economic self-sufficiency by providing structured training and education with respect to basic life skills, including hygiene, personal financial budgeting, literacy, and conflict management.
(b) The programs may contain individualized educational, vocational, and work programs designed to productively occupy an offender for at least eight hours a day.
(c) The program administrators may develop correctional industry programs, including marketing efforts to attract work opportunities both inside correctional facilities and outside in the community. Program options may include expanding and reorganizing on-site industry programs, locating off-site industry work areas, community service work programs, and employment programs. To develop innovative work programs, program administrators may enlist members of the business and labor community to help target possible productive enterprises for offender work programs.
(d) Whenever offenders are assigned to work within the correctional facility or with any state department or agency, local unit of government, or other government subdivision, the program administrator must certify to the appropriate bargaining agent that work performed by offenders will not result in the displacement of current employed workers or workers on seasonal layoff or layoff from a substantially equivalent position, including partial displacement such as reduction in hours of work other than overtime work, wages, or other employment benefits.
The administrators of each productive day program shall develop criteria for offender eligibility for the program.
The administrators of each of the productive day initiative programs shall develop program evaluation tools to monitor the success of the programs.
[Repealed, 1999 c 216 art 4 s 17]
243.49 COMMITMENT PAPERS; DUTY OF COURT ADMINISTRATOR.
Upon a plea of guilty or finding of guilty after trial, the court administrator of every court which sentences a defendant for a felony or gross misdemeanor to the custody of the commissioner of corrections or to the superintendent of the workhouse or work farm, shall provide the officer or person having custody of the defendant a certified record for commitment, including a copy of the indictment and plea. The record shall also include the trial judge's impressions of the defendant's mental and physical condition, general character, capacity, disposition, habits and special needs. The certified record for commitment may be used as evidence in any postconviction proceeding brought by the defendant. The court administrator shall also deliver to the sheriff or other officer or person conveying the defendant to the correctional facility, workhouse, or work farm designated by the commissioner of corrections or the judge a warrant of commitment together with a certified copy of the warrant directing the conveyor to deliver the person and the certified record for commitment to the principal officer in charge of the correctional facility, workhouse, or work farm. Upon the delivery of any person, the principal officer in charge of the correctional facility, workhouse, or work farm shall keep the certified copy of the warrant of commitment and endorse the principal officer's receipt upon the original, which shall be filed with the sentencing court. The court administrator shall retain a recording and the court reporter's notes of all proceedings.
237.26 ORDER FINAL AND CONCLUSIVE.
If no appeal is taken from any order of the commission, as above provided, then in all litigation thereafter arising between the state and any telephone company or between private parties and any telephone company, the order shall be deemed final and conclusive.
244.42 COMPREHENSIVE ASSESSMENT AND INDIVIDUALIZED REHABILITATION PLAN REQUIRED.
(a) The commissioner must develop a comprehensive assessment process for each person who:
(1) is committed to the commissioner's custody and confined in a state correctional facility on or after January 1, 2025; and
(2) has 365 or more days remaining until the person's scheduled supervised release date or parole eligibility date.
(b) As part of the assessment process, the commissioner must take into account appropriate rehabilitative programs under section 244.03.
After completing the assessment process, the commissioner must ensure the development of an individualized rehabilitation plan, along with identified goals, for every person committed to the commissioner's custody. The individualized rehabilitation plan must be holistic in nature by identifying intended outcomes for addressing:
(1) the incarcerated person's needs and risk factors;
(2) the person's identified strengths; and
(3) available and needed community supports, including victim safety considerations as required under section 244.47, if applicable.
(a) If an individual is committed to the commissioner's custody for a crime listed in section 609.02, subdivision 16, the commissioner must make reasonable efforts to notify a victim of the opportunity to provide input during the assessment and rehabilitation plan process. Victim input may include:
(1) a summary of victim concerns relative to release;
(2) concerns related to victim safety during the committed individual's term of imprisonment; or
(3) requests for imposing victim safety protocols as additional conditions of imprisonment or supervised release.
(b) The commissioner must consider all victim input statements when developing an individualized rehabilitation plan and establishing conditions governing confinement or release.
For an incarcerated person with less than 365 days remaining until the person's supervised release date, the commissioner, in consultation with the incarcerated person, must develop a transition and release plan.
This act is separate and distinct from other legislatively authorized release programs, including the challenge incarceration program, work release, conditional medical release, or the program for the conditional release of nonviolent controlled substance offenders.
242.48 NO ROADS OR STREETS THROUGH GROUNDS.
No individual, copartnership, or corporation, public or private, shall lay out, construct, or open any road or street upon or through any grounds of any state correctional facility without the consent of the commissioner of corrections.
243.50 PAYMENT OF COURT REPORTER.
Such transcripts and tapes shall be furnished by the court reporter who shall be paid therefor by the state courts, on certificates duly certified to by the judge presiding at the sentence, the same fee per folio provided by statute for transcripts of testimony furnished to parties ordering the same in civil proceedings and for tapes on a costs basis.
244.43 EARNED INCENTIVE RELEASE CREDIT.
(a) To encourage and support rehabilitation when consistent with the public interest and public safety, the commissioner must establish a policy providing for earned incentive release credit as a part of the term of imprisonment. The policy must be established in consultation with the following organizations:
(1) Minnesota County Attorneys Association;
(2) Minnesota Board of Public Defense;
(3) Minnesota Association of Community Corrections Act Counties;
(4) Minnesota Indian Women's Sexual Assault Coalition;
(5) Violence Free Minnesota;
(6) Minnesota Coalition Against Sexual Assault;
(7) Minnesota Alliance on Crime;
(8) Minnesota Sheriffs' Association;
(9) Minnesota Chiefs of Police Association;
(10) Minnesota Police and Peace Officers Association; and
(11) faith-based organizations that reflect the demographics of the incarcerated population.
(b) The policy must:
(1) provide circumstances upon which an incarcerated person may receive earned incentive release credits, including participation in rehabilitative programming under section 244.03; and
(2) address circumstances where:
(i) the capacity to provide rehabilitative programming in the correctional facility is diminished but the programming is available in the community; and
(ii) the conditions under which the incarcerated person could be released to the community-based resource but remain subject to commitment to the commissioner and could be considered for earned incentive release credit.
The commissioner must develop a policy establishing a process for assessing and addressing any systemic and programmatic gender and racial disparities that may be identified when awarding earned incentive release credits.
237.27 ATTORNEY GENERAL TO COMPEL OBEDIENCE.
When any telephone company fails to comply with any law of the state or any order of the commission after it has become final, or any order or judgment of the district court, the court of appeals, or the supreme court in any cases taken to any of the courts on appeal, after the judgment or order has become final, the attorney general shall apply to the district court in the name of the state in any county in which the plant of the telephone company, or any part of it, is situated, for a mandatory injunction or other appropriate writ to compel obedience to the law, order, or judgment. The district court shall punish any disobedience of its orders in the enforcement proceedings as for contempt of court.
241.278 AGREEMENTS FOR WORK FORCE OF STATE OR COUNTY JAIL INMATES.
The commissioner of corrections, in the interest of inmate rehabilitation or to promote programs under section 241.275, subdivision 2, may enter into interagency agreements with state, county, or municipal agencies, or contract with nonprofit agencies to manage, fund, or partially fund the cost of programs that use state or county jail inmates as a work force. The commissioner is authorized to receive funds via these agreements and these funds are appropriated to the commissioner for community service programming or when prison industries are party to the agreement, shall be deposited in the Minnesota correctional industries revolving fund for use as described under section 241.27, subdivision 2.
256.462 APPLICABILITY OF OTHER LAW; RECOVERY OF ASSISTANCE FURNISHED.
[Repealed, 1973 c 717 s 33]
The provisions of Minnesota Statutes 1971, section 256.25, as to the allowance as claims in the probate court of amounts paid as old age assistance are made applicable to amounts paid as assistance under the provisions of Minnesota Statutes 1971, sections 256.451 to 256.475.
When any amount shall be recovered from any source for assistance furnished under the provisions of any public assistance program, there shall be paid to the United States the amount which shall be due under the terms of the Social Security Act, and the balance thereof shall be paid into the treasuries of the state and county, substantially in the proportion in which they respectively contributed toward the total assistance paid. The amount due the respective participating units of government shall be determined by rule adopted by the commissioner of human services pursuant to a formula of reimbursement prescribed or authorized by the federal Social Security Administration.
[Repealed, 1973 c 717 s 33]
[Repealed, 1973 c 717 s 33]
[Repealed, 1973 c 717 s 33]
[Repealed, 1973 c 717 s 33]
245A.05 DENIAL OF APPLICATION.
(a) The commissioner may deny a license if an applicant or controlling individual:
(1) fails to submit a substantially complete application after receiving notice from the commissioner under section 245A.04, subdivision 1;
(2) fails to comply with applicable laws or rules;
(3) knowingly withholds relevant information from or gives false or misleading information to the commissioner in connection with an application for a license or during an investigation;
(4) has a disqualification that has not been set aside under section 245C.22 and no variance has been granted;
(5) has an individual living in the household who received a background study under section 245C.03, subdivision 1, paragraph (a), clause (2), who has a disqualification that has not been set aside under section 245C.22, and no variance has been granted;
(6) is associated with an individual who received a background study under section 245C.03, subdivision 1, paragraph (a), clause (6), who may have unsupervised access to children or vulnerable adults, and who has a disqualification that has not been set aside under section 245C.22, and no variance has been granted;
(7) fails to comply with section 245A.04, subdivision 1, paragraph (f) or (g);
(8) fails to demonstrate competent knowledge as required by section 245A.04, subdivision 6;
(9) has a history of noncompliance as a license holder or controlling individual with applicable laws or rules, including but not limited to this chapter and chapters 142E and 245C; or
(10) is prohibited from holding a license according to section 245.095.
(b) An applicant whose application has been denied by the commissioner must be given notice of the denial, which must state the reasons for the denial in plain language. Notice must be given by certified mail, by personal service, or through the provider licensing and reporting hub. The notice must state the reasons the application was denied and must inform the applicant of the right to a contested case hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The applicant may appeal the denial by notifying the commissioner in writing by certified mail, by personal service, or through the provider licensing and reporting hub. If mailed, the appeal must be postmarked and sent to the commissioner within 20 calendar days after the applicant received the notice of denial. If an appeal request is made by personal service, it must be received by the commissioner within 20 calendar days after the applicant received the notice of denial. If the order is issued through the provider hub, the appeal must be received by the commissioner within 20 calendar days from the date the commissioner issued the order through the hub. Section 245A.08 applies to hearings held to appeal the commissioner's denial of an application.
244.44 APPLYING EARNED INCENTIVE RELEASE CREDIT.
Earned incentive release credits are included in calculating the term of imprisonment but are not added to the person's supervised release term, the total length of which remains unchanged. The maximum amount of earned incentive release credit that can be earned and subtracted from the term of imprisonment is 17 percent of the total executed sentence. Earned credit cannot reduce the term of imprisonment to less than one-half of the incarcerated person's executed sentence. Once earned, earned incentive release credits are nonrevocable.
237.28 BURDEN OF PROOF.
In any investigation, action or proceeding arising under, or growing out of, an action initiated by the commission upon its own motion, the burden of proof shall be upon the telephone company to establish the reasonableness of the existing rates.
244.45 INELIGIBILITY FOR EARNED INCENTIVE RELEASE CREDIT.
The following individuals are ineligible for earned incentive release credit:
(1) those serving life sentences;
(2) those given indeterminate sentences for crimes committed on or before April 30, 1980; or
(3) those subject to good time under section 244.04 or similar laws.
245A.055 CLOSING A LICENSE.
The commissioner may close a license if the commissioner determines that a licensed program has not been serving any client for a consecutive period of 12 months or longer. The license holder is not prohibited from reapplying for a license if the license holder's license was closed under this chapter.
If a license is closed, the commissioner must notify the license holder of closure by certified mail, by personal service, or through the provider licensing and reporting hub. If mailed, the notice of closure must be mailed to the last known address of the license holder and must inform the license holder why the license was closed and that the license holder has the right to request reconsideration of the closure. If the license holder believes that the license was closed in error, the license holder may ask the commissioner to reconsider the closure. The license holder's request for reconsideration must be made in writing and must include documentation that the licensed program has served a client in the previous 12 months. The request for reconsideration must be postmarked and sent to the commissioner or submitted through the provider licensing and reporting hub within 20 calendar days after the license holder receives the notice of closure. Upon implementation of the provider licensing and reporting hub, the provider must use the hub to request reconsideration. If the order is issued through the provider hub, the reconsideration must be received by the commissioner within 20 calendar days from the date the commissioner issued the order through the hub. A timely request for reconsideration stays imposition of the license closure until the commissioner issues a decision on the request for reconsideration.
The commissioner's disposition of a request for reconsideration is final and not subject to appeal under chapter 14.
241.28 CITATION.
Sections 241.28 to 241.30 may be cited as the Interstate Corrections Compact.
243.515 TRANSFER UNDER TREATY; EXTRADITION UNDER TREATY.
Whenever a treaty is in force between the United States and a foreign country providing for the transfer or exchange of convicted offenders to the country of which they are citizens or nationals, and for the extradition of persons residing in the territory of the United States who have been charged with or convicted of crime committed within the territory of that foreign country, the governor may, on behalf of the state and subject to the terms of the appropriate treaty, authorize the commissioner of corrections to: (1) consent to the transfer or exchange of offenders; and (2) deliver any inmate of a state correctional facility for whom an extradition demand has been made pursuant to this section to the custody of the appropriate officials of the United States for surrender to the proper officials of that foreign country. The commissioner of corrections shall take any other action necessary to implement the participation of this state in the treaty.
The extradition of any convicted offender from the custody of the commissioner of corrections shall not diminish the effect of any sentence pursuant to which the offender was committed to the custody of the commissioner of corrections. The sentence shall continue to run during the time that the offender is in the custody of the appropriate officials of the United States or the foreign country to which extradited. The offender shall not be subject to return to the territory of the United States and to the custody of the commissioner of corrections pursuant to this section unless there remains an unserved portion of the Minnesota sentence.
239.44 MISDEMEANOR VIOLATION.
Whoever in selling gives a lower number or, in buying, takes a greater number of pounds or cubic feet to the bushel, barrel, ton, or cord, as the case may be, than is allowed and provided in sections 239.32 and 239.33, or in selling, gives a lower number, is guilty of a misdemeanor.
244.46 EARNED COMPLIANCE CREDIT AND SUPERVISION ABATEMENT STATUS.
(a) The commissioner must adopt a policy providing for earned compliance credit.
(b) Except as otherwise provided in the act, once the time served on active supervision plus earned compliance credits equals the total length of the supervised release term, the commissioner must place the individual on supervision abatement status for the remainder of the supervised release term and, if applicable, the conditional release term.
If an individual violates the conditions of release while on supervision abatement status, the commissioner may:
(1) return the individual to active supervision for the remainder of the supervised release or conditional release term, with or without modifying the conditions of release; or
(2) revoke the individual's supervised release or conditional release in accordance with section 244.05, subdivision 3.
A person who is placed on supervision abatement status under this section must not be required to regularly report to a supervised release agent or pay a supervision fee but must continue to:
(1) obey all laws;
(2) report any new criminal charges; and
(3) abide by section 243.1605 before seeking written authorization to relocate to another state.
This section does not apply to individuals:
(1) serving life sentences;
(2) given indeterminate sentences for crimes committed on or before April 30, 1980; or
(3) subject to good time under section 244.04 or similar laws.
241.30 POWERS WITH RELATION TO COMPACT.
The commissioner of corrections or a designee is hereby authorized and directed to do all things necessary or incidental to the carrying out of the compact in every particular.
244.47 VICTIM INPUT.
(a) If an individual is committed to the custody of the commissioner for a crime listed in section 609.02, subdivision 16, and is eligible for earned incentive release credit, the commissioner must make reasonable efforts to notify the victim that the committed individual is eligible for earned incentive release credit.
(b) Victim input may include:
(1) a summary of victim concerns relative to eligibility of earned incentive release credit;
(2) concerns related to victim safety during the committed individual's term of imprisonment; or
(3) requests for imposing victim safety protocols as additional conditions of imprisonment or supervised release.
The commissioner must consider victim input statements when establishing requirements governing conditions of release. The commissioner must provide the name and telephone number of the local victim agency serving the jurisdiction of release to any victim providing input on earned incentive release credit.
237.30 TELEPHONE INVESTIGATION FUND; APPROPRIATION.
A Minnesota Telephone Investigation Fund shall exist for the use of the Department of Commerce and of the attorney general in investigations, valuations, and revaluations under section 237.295. All sums paid by the telephone companies to reimburse the department for its expenses pursuant to section 237.295 shall be credited to the revolving fund and shall be deposited in a separate bank account and not commingled with any other state funds or moneys, but any balance in excess of $25,000 in the revolving fund at the end of each fiscal year shall be paid into the state treasury and credited to the general fund. All subsequent credits to said revolving fund shall be paid by the commissioner of management and budget upon application of the department or of the attorney general to an aggregate amount of not more than one-half of such sums to each of them, which proportion shall be constantly maintained in all credits and withdrawals from the revolving fund.
241.301 FINGERPRINTS OF INMATES, PAROLEES, AND PROBATIONERS FROM OTHER STATES.
The commissioner of corrections shall establish procedures so that whenever this state receives an inmate, parolee, or probationer from another state under sections 241.28 to 241.30 or 243.1605, fingerprints and thumbprints of the inmate, parolee, or probationer are obtained and forwarded by electronic entry into a Bureau of Criminal Apprehension-managed searchable database within 24 hours of receipt. The bureau shall convert the fingerprints and thumbprints into an electronic format for entry into the searchable database within three business days of receipt if the data is not entered by the commissioner.
242.55 ACADEMIC PROGRAM.
The academic program at the Minnesota Correctional Facility-Red Wing shall be conducted on a 12-month basis.
243.53 CORRECTIONAL INSTITUTIONS; OCCUPANCY LIMITS OF CELLS.
(a) When there are sufficient cells available, each inmate shall be confined in a separate cell. Each inmate shall be confined in a separate cell in institutions classified by the commissioner as custody level five institutions.
(b) Correctional institutions classified by the commissioner as custody level one, two, three, or four institutions must permit multiple occupancy, except segregation units, to the greatest extent possible not to exceed the limits of facility infrastructure and programming space.
[Repealed, 1997 c 238 s 6]
239.46 FINES CREDITED TO SCHOOL FUNDS.
All fines collected under sections 239.32, 239.33, and 239.38 shall be paid to the county treasurer for the benefit of the school fund of the county where the action is brought.
244.48 VICTIM NOTIFICATION.
Nothing in this act limits any victim notification obligations of the commissioner required by statute related to a change in custody status, committing offense, end-of-confinement review, or notification registration.
245A.075 DISQUALIFIED INDIVIDUAL; DENIAL, CONDITIONAL LICENSE, REVOCATION.
(a) For the purpose of keeping a disqualified individual away from individuals receiving services in a license holder's home, when the disqualified individual has not received a set-aside and a variance has not been granted under chapter 245C, the commissioner may issue:
(1) an order of denial of an application;
(2) an order of conditional license; or
(3) an order of revocation.
(b) An order issued by the commissioner under this section is subject to notice and appeal rights provided under this chapter as follows:
(1) an order of denial of an application according to section 245A.05;
(2) an order of conditional license according to section 245A.06; and
(3) an order of revocation of a license according to section 245A.07.
244.49 INTERSTATE COMPACT.
(a) This section applies to a person serving a Minnesota sentence while being supervised in another state according to the Interstate Compact for Adult Supervision.
(b) As may be allowed under section 243.1605, a person may be eligible for supervision abatement status according to the act only if they meet eligibility criteria for earned compliance credit as established under section 244.46.
241.32 ESTABLISHMENT AND OPERATION BY STATE.
The commissioner of corrections may establish and operate community correctional programs or contract with existing public and private agencies for separate custody or specialized care and treatment of persons under the commissioner's custody and control or under the custody and control of the commissioner of corrections or on conditional release under section 241.26.
Any person admitted to a community correctional program by action of the commissioner of corrections shall be and remain under the control of the commissioner of corrections and may be conditionally released therefrom in the manner and for such periods of time as may be ordered by the commissioner.
To establish and operate community correctional programs or to provide such services through agreement with public and private agencies the commissioner is authorized to accept gifts, grants, and subsidies from any lawful source and to negotiate with the federal government, or any agency, bureau, or department thereof to obtain funds for the purposes of this subdivision, which gifts, grants, subsidies, and funds are hereby appropriated to the commissioner.
The commissioner of corrections may enter into rental agreements per industry standards for emergency housing for inmates.
243.55 CONTRABAND ARTICLES; EXCEPTIONS; PENALTY.
Any person who brings, sends, or in any manner causes to be introduced into any state correctional facility or state hospital, or within or upon the grounds belonging to or land or controlled by any such facility or hospital, or is found in possession of any controlled substance as defined in section 152.01, subdivision 4, or any firearms, weapons or explosives of any kind, without the consent of the chief executive officer thereof, shall be guilty of a felony and, upon conviction thereof, punished by imprisonment for a term of not more than ten years. Any person who brings, sends, or in any manner causes to be introduced into any state correctional facility or within or upon the grounds belonging to or land controlled by the facility, or is found in the possession of any intoxicating or alcoholic liquor or malt beverage of any kind without the consent of the chief executive officer thereof, shall be guilty of a gross misdemeanor. The provisions of this section shall not apply to physicians carrying drugs or introducing any of the above described liquors into such facilities for use in the practice of their profession; nor to sheriffs or other peace officers carrying revolvers or firearms as such officers in the discharge of duties.
The chief executive officer of any state correctional facility may, under rules prescribed by the commissioner of corrections, provide for the search of all persons admitted into the facility or upon the grounds thereof. The head of any state hospital may, under rules prescribed by the Direct Care and Treatment executive board, provide for the search of all persons admitted into the hospital or upon the grounds thereof. Any contraband as described in subdivision 1 is subject to confiscation by the chief executive officer of a facility or the head of a hospital.
As used in this section, "state hospital" or "hospital" means any state-operated facility or hospital under the authority of the Direct Care and Treatment executive board for (a) persons with mental illness, developmental disability, or substance use disorder, (b) sex offenders, (c) persons with a sexual psychopathic personality, or (d) sexually dangerous person.
244.50 REALLOCATING EARNED INCENTIVE RELEASE SAVINGS.
The reallocation of earned incentive release savings account is established in the special revenue fund in the state treasury. Funds in the account are appropriated to the commissioner and must be expended in accordance with the allocation established in subdivision 4 after the requirements of subdivision 2 are met. Funds in the account are available until expended.
On or before the final closeout date of each fiscal year, the commissioner must certify to Minnesota Management and Budget the earned incentive release savings from the previous fiscal year. The commissioner must provide the detailed calculation substantiating the savings amount, including accounting-system-generated data where possible, supporting the direct-cost per diem and the incarcerated days saved.
After the certification in subdivision 2 is completed, the commissioner must transfer funds from the appropriation from which the savings occurred to the reallocation revenue account according to the allocation in subdivision 4. Transfers must occur by September 1 each year.
The commissioner must distribute funds as follows:
(1) 50 percent must be transferred to the Office of Justice Programs in the Department of Public Safety for crime victim services;
(2) 25 percent must be transferred to the Community Corrections Act subsidy appropriation and to the Department of Corrections for supervised release and intensive supervision services, based upon a three-year average of the release jurisdiction of supervised releasees and intensive supervised releasees across the state; and
(3) 25 percent must be transferred to the Department of Corrections for:
(i) grants to develop and invest in community-based services that support the identified needs of correctionally involved individuals or individuals at risk of becoming involved in the criminal justice system; and
(ii) sustaining the operation of evidence-based programming in state and local correctional facilities.