Bill Text: MN HF939 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Private prison housing proposal request by commissioner of corrections required.
Spectrum: Partisan Bill (Republican 28-0)
Status: (Introduced - Dead) 2011-03-16 - Committee report, to pass as amended and re-refer to Public Safety and Crime Prevention Policy and Finance [HF939 Detail]
Download: Minnesota-2011-HF939-Engrossed.html
1.2relating to corrections; requiring the commissioner of corrections to issue a
1.3request for proposals for housing individuals committed to the custody of the
1.4commissioner in private prisons;amending Minnesota Statutes 2010, section
1.5241.01, subdivision 3a.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 241.01, subdivision 3a, is amended to read:
1.8 Subd. 3a. Commissioner, powers and duties. The commissioner of corrections has
1.9the following powers and duties:
1.10(a) To accept persons committed to the commissioner by the courts of this state for
1.11care, custody, and rehabilitation.
1.12(b) To determine the place of confinement of committed persons in a correctional
1.13facility or other facility of the Department of Corrections, or at a private facility, and to
1.14prescribe reasonable conditions and rules for their employment, conduct, instruction, and
1.15discipline within or outside the facility. Inmates shall not exercise custodial functions or
1.16have authority over other inmates. Inmates may serve on the board of directors or hold an
1.17executive position subordinate to correctional staff in any corporation, private industry or
1.18educational program located on the grounds of, or conducted within, a state correctional
1.19facility with written permission from the chief executive officer of the facility.
1.20(c) To administer the money and property of the department.
1.21(d) To administer, maintain, and inspect all state correctional facilities.
1.22(e) To transfer authorized positions and personnel between state correctional
1.23facilities as necessary to properly staff facilities and programs.
1.24(f) To utilize state correctional facilities in the manner deemed to be most efficient
1.25and beneficial to accomplish the purposes of this section, but not to close the Minnesota
2.1Correctional Facility-Stillwater or the Minnesota Correctional Facility-St. Cloud without
2.2legislative approval. The commissioner may place juveniles and adults at the same
2.3state minimum security correctional facilities, if there is total separation of and no
2.4regular contact between juveniles and adults, except contact incidental to admission,
2.5classification, and mental and physical health care.
2.6(g) To organize the department and employ personnel the commissioner deems
2.7necessary to discharge the functions of the department, including a chief executive officer
2.8for each facility under the commissioner's control who shall serve in the unclassified civil
2.9service and may, under the provisions of section43A.33 , be removed only for cause.
2.10(h) To define the duties of these employees and to delegate to them any of the
2.11commissioner's powers, duties and responsibilities, subject to the commissioner's control
2.12and the conditions the commissioner prescribes.
2.13(i) To annually develop a comprehensive set of goals and objectives designed to
2.14clearly establish the priorities of the Department of Corrections. This report shall be
2.15submitted to the governor commencing January 1, 1976. The commissioner may establish
2.16ad hoc advisory committees.
2.17EFFECTIVE DATE.This section is effective the day following final enactment.
2.18 Sec. 2. ISSUANCE OF REQUEST FOR PROPOSALS; PRISON
2.19PRIVATIZATION.
2.20 Subdivision 1. Request for proposals. The commissioner of administration, in
2.21consultation with the commissioner of corrections, must issue a request for proposals
2.22within 30 days of the effective date of this act, and must authorize one or more vendors
2.23by November 1, 2011, to provide correctional facilities, services, and supervision for
2.24persons committed to the commissioner of corrections by the courts of this state. The
2.25commissioner may consider proposals from vendors with facilities in Minnesota and from
2.26vendors that propose building facilities in Minnesota. The commissioner may consider
2.27proposals that involve multiple sites. The Department of Corrections may submit a
2.28proposal. A proposal submitted by the department must be given the same consideration
2.29as proposals from private vendors.
2.30 Subd. 2. Minimum requirements. To qualify for consideration, a vendor must:
2.31(1) agree to house prisoners at a cost to the state that is at least five percent below
2.32the Department of Correction's current per diem for the medium security facility that is
2.33most costly for the department to operate;
3.1(2) agree, in the event that transferring prisoners to private prisons results in the
3.2displacement of state workers, to give priority in hiring to qualified employees of the
3.3Department of Corrections; and
3.4(3) meet or exceed the prison standards promulgated by the American Correctional
3.5Association.
3.6 Subd. 3. Per diem calculation. In calculating the per diem for the most costly
3.7medium security facility operated by the department, the commissioner must use the
3.8per diem calculation required under Minnesota Statutes, section 241.018, subdivision 1,
3.9paragraph (b), and add the following expenses, if they are not already included:
3.10(1) all labor expenses, including direct wage and salary costs, training costs,
3.11overtime, and supervisory overhead;
3.12(2) total employee fringe and other personnel expenses;
3.13(3) contract management costs;
3.14(4) the imputed tax impact of the facility if the facility were privately operated and
3.15required to pay federal, state, and local taxes; and
3.16(5) any other cost particular to incarcerating offenders at the facility.
3.17 Subd. 4. Selection criteria. In establishing criteria and preferences for vendors, the
3.18commissioner of administration must consult with the commissioner of corrections, the
3.19executive director of the Sentencing Guidelines Commission, and the commissioner of
3.20human services, as appropriate. The commissioner must consider the following factors in
3.21issuing the request for proposals:
3.22(1) the level or levels of security for which custodial care and services will be needed;
3.23(2) the type and length of treatment, educational, and other programs and services
3.24appropriate to offenders likely to be housed in a private correctional facility;
3.25(3) the transport of offenders to and from any private facilities;
3.26(4) the division between the state and private provider of all costs associated with
3.27providing care, custody, and rehabilitation for offenders committed to the commissioner
3.28of corrections;
3.29(5) the recidivism rate of the vendor; and
3.30(6) other factors deemed appropriate for consideration by the commissioner of
3.31administration, corrections, or human services, or by the executive director of the
3.32Sentencing Guidelines Commission.
3.33EFFECTIVE DATE.This section is effective the day following final enactment.
3.34 Sec. 3. DISPLACED CORRECTIONAL EMPLOYEES.
4.1Unless prohibited by applicable collective bargaining agreements, correctional
4.2employees who are displaced due to the transfer of state inmates to private facilities shall
4.3have priority in consideration for vacant positions within the Department of Corrections
4.4and at secure facilities operated by the Department of Human Services.
4.5EFFECTIVE DATE.This section is effective the day following final enactment.
1.3request for proposals for housing individuals committed to the custody of the
1.4commissioner in private prisons;amending Minnesota Statutes 2010, section
1.5241.01, subdivision 3a.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 241.01, subdivision 3a, is amended to read:
1.8 Subd. 3a. Commissioner, powers and duties. The commissioner of corrections has
1.9the following powers and duties:
1.10(a) To accept persons committed to the commissioner by the courts of this state for
1.11care, custody, and rehabilitation.
1.12(b) To determine the place of confinement of committed persons in a correctional
1.13facility or other facility of the Department of Corrections, or at a private facility, and to
1.14prescribe reasonable conditions and rules for their employment, conduct, instruction, and
1.15discipline within or outside the facility. Inmates shall not exercise custodial functions or
1.16have authority over other inmates. Inmates may serve on the board of directors or hold an
1.17executive position subordinate to correctional staff in any corporation, private industry or
1.18educational program located on the grounds of, or conducted within, a state correctional
1.19facility with written permission from the chief executive officer of the facility.
1.20(c) To administer the money and property of the department.
1.21(d) To administer, maintain, and inspect all state correctional facilities.
1.22(e) To transfer authorized positions and personnel between state correctional
1.23facilities as necessary to properly staff facilities and programs.
1.24(f) To utilize state correctional facilities in the manner deemed to be most efficient
1.25and beneficial to accomplish the purposes of this section, but not to close the Minnesota
2.1Correctional Facility-Stillwater or the Minnesota Correctional Facility-St. Cloud without
2.2legislative approval. The commissioner may place juveniles and adults at the same
2.3state minimum security correctional facilities, if there is total separation of and no
2.4regular contact between juveniles and adults, except contact incidental to admission,
2.5classification, and mental and physical health care.
2.6(g) To organize the department and employ personnel the commissioner deems
2.7necessary to discharge the functions of the department, including a chief executive officer
2.8for each facility under the commissioner's control who shall serve in the unclassified civil
2.9service and may, under the provisions of section
2.10(h) To define the duties of these employees and to delegate to them any of the
2.11commissioner's powers, duties and responsibilities, subject to the commissioner's control
2.12and the conditions the commissioner prescribes.
2.13(i) To annually develop a comprehensive set of goals and objectives designed to
2.14clearly establish the priorities of the Department of Corrections. This report shall be
2.15submitted to the governor commencing January 1, 1976. The commissioner may establish
2.16ad hoc advisory committees.
2.17EFFECTIVE DATE.This section is effective the day following final enactment.
2.18 Sec. 2. ISSUANCE OF REQUEST FOR PROPOSALS; PRISON
2.19PRIVATIZATION.
2.20 Subdivision 1. Request for proposals. The commissioner of administration, in
2.21consultation with the commissioner of corrections, must issue a request for proposals
2.22within 30 days of the effective date of this act, and must authorize one or more vendors
2.23by November 1, 2011, to provide correctional facilities, services, and supervision for
2.24persons committed to the commissioner of corrections by the courts of this state. The
2.25commissioner may consider proposals from vendors with facilities in Minnesota and from
2.26vendors that propose building facilities in Minnesota. The commissioner may consider
2.27proposals that involve multiple sites. The Department of Corrections may submit a
2.28proposal. A proposal submitted by the department must be given the same consideration
2.29as proposals from private vendors.
2.30 Subd. 2. Minimum requirements. To qualify for consideration, a vendor must:
2.31(1) agree to house prisoners at a cost to the state that is at least five percent below
2.32the Department of Correction's current per diem for the medium security facility that is
2.33most costly for the department to operate;
3.1(2) agree, in the event that transferring prisoners to private prisons results in the
3.2displacement of state workers, to give priority in hiring to qualified employees of the
3.3Department of Corrections; and
3.4(3) meet or exceed the prison standards promulgated by the American Correctional
3.5Association.
3.6 Subd. 3. Per diem calculation. In calculating the per diem for the most costly
3.7medium security facility operated by the department, the commissioner must use the
3.8per diem calculation required under Minnesota Statutes, section 241.018, subdivision 1,
3.9paragraph (b), and add the following expenses, if they are not already included:
3.10(1) all labor expenses, including direct wage and salary costs, training costs,
3.11overtime, and supervisory overhead;
3.12(2) total employee fringe and other personnel expenses;
3.13(3) contract management costs;
3.14(4) the imputed tax impact of the facility if the facility were privately operated and
3.15required to pay federal, state, and local taxes; and
3.16(5) any other cost particular to incarcerating offenders at the facility.
3.17 Subd. 4. Selection criteria. In establishing criteria and preferences for vendors, the
3.18commissioner of administration must consult with the commissioner of corrections, the
3.19executive director of the Sentencing Guidelines Commission, and the commissioner of
3.20human services, as appropriate. The commissioner must consider the following factors in
3.21issuing the request for proposals:
3.22(1) the level or levels of security for which custodial care and services will be needed;
3.23(2) the type and length of treatment, educational, and other programs and services
3.24appropriate to offenders likely to be housed in a private correctional facility;
3.25(3) the transport of offenders to and from any private facilities;
3.26(4) the division between the state and private provider of all costs associated with
3.27providing care, custody, and rehabilitation for offenders committed to the commissioner
3.28of corrections;
3.29(5) the recidivism rate of the vendor; and
3.30(6) other factors deemed appropriate for consideration by the commissioner of
3.31administration, corrections, or human services, or by the executive director of the
3.32Sentencing Guidelines Commission.
3.33EFFECTIVE DATE.This section is effective the day following final enactment.
3.34 Sec. 3. DISPLACED CORRECTIONAL EMPLOYEES.
4.1Unless prohibited by applicable collective bargaining agreements, correctional
4.2employees who are displaced due to the transfer of state inmates to private facilities shall
4.3have priority in consideration for vacant positions within the Department of Corrections
4.4and at secure facilities operated by the Department of Human Services.
4.5EFFECTIVE DATE.This section is effective the day following final enactment.
