1.1 	A bill for an act
1.2 	relating to human services; modifying policies for secured treatment facilities; 
1.3 	providing for criminal penalties for possession of contraband; allowing for 
1.4 	the entering of service contracts; modifying escape from custody provisions; 
1.5 	providing sentencing provisions;amending Minnesota Statutes 2004, sections 
1.6 	243.55, subdivision 1; 246.014; Minnesota Statutes 2005 Supplement, section 
1.7 	609.485, subdivisions 2, 4.
1.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9 	Section 1. Minnesota Statutes 2004, section 243.55, subdivision 1, is amended to read:
1.10 		Subdivision 1.Contraband; bringing into correctional facility; felony. Any 
1.11 	person who brings, sends, or in any manner causes to be introduced into any state 
1.12 	correctional facility or state hospital, or within or upon the grounds belonging to or land 
1.13 	or controlled by any such facility or hospital, or is found in possession of any controlled 
1.14 	substance as defined in section  152.01, subdivision 4, or any firearms, weapons or 
1.15 	explosives of any kind, without the consent of the chief executive officer thereof, shall be 
1.16 	guilty of a felony and, upon conviction thereof, punished by imprisonment for a term of 
1.17 	not more than ten years. Any person who brings, sends, or in any manner causes to be 
1.18 	introduced into any state correctional facility or within or upon the grounds belonging 
1.19 	to or land controlled by the facility, or is found in the possession of any intoxicating or 
1.20 	alcoholic liquor or malt beverage of any kind without the consent of the chief executive 
1.21 	officer thereof, shall be guilty of a gross misdemeanor. Any person who brings, sends, or 
1.22 	in any manner causes to be introduced into any state-operated secure treatment facility, as 
1.23 	defined in section 253B.02, subdivision 18a, within or upon the grounds belonging to or 
1.24 	land controlled by the facility, or is found in the possession of any intoxicating or alcoholic 
1.25 	liquor or malt beverage without the consent of the chief executive officer thereof, shall 
2.1 	be guilty of a felony and, upon conviction thereof, punished by imprisonment for a term 
2.2 	of not more than ten years. The provisions of this section shall not apply to physicians 
2.3 	carrying drugs or introducing any of the above described liquors into such facilities for use 
2.4 	in the practice of their profession; nor to sheriffs or other peace officers carrying revolvers 
2.5 	or firearms as such officers in the discharge of duties. 

2.6 	Sec. 2. Minnesota Statutes 2004, section 246.014, is amended to read:
2.7 	246.014 SERVICES.
2.8 	The measure of services established and prescribed by section  246.012, are: 
2.9 	(a) The commissioner of human services shall develop and maintain state-operated 
2.10 	services in a manner consistent with sections  245.461,  245.487, and  253.28, and chapters 
2.11 	252, 254A, and 254B. State-operated services shall be provided in coordination with 
2.12 	counties and other vendors. State-operated services shall include regional treatment 
2.13 	centers, specialized inpatient or outpatient treatment programs, enterprise services, 
2.14 	community-based services and programs, community preparation services, consultative 
2.15 	services, and other services consistent with the mission of the Department of Human 
2.16 	Services. These services shall include crisis beds, waivered homes, intermediate care 
2.17 	facilities, and day training and habilitation facilities. The administrative structure of 
2.18 	state-operated services must be statewide in character. The state-operated services staff 
2.19 	may deliver services at any location throughout the state. 
2.20 	(b) The commissioner of human services shall create and maintain forensic services 
2.21 	programs. Forensic services shall be provided in coordination with counties and other 
2.22 	vendors. Forensic services shall include specialized inpatient programs at secure treatment 
2.23 	facilities as defined in section  253B.02, subdivision 18a, consultative services, aftercare 
2.24 	services, community-based services and programs, transition services, or other services 
2.25 	consistent with the mission of the Department of Human Services. 
2.26 	(c) Community preparation services as identified in paragraphs (a) and (b) are 
2.27 	defined as specialized inpatient or outpatient services or programs operated outside of a 
2.28 	secure environment but are administered by a secured treatment facility.
2.29 	(d) The commissioner of human services may establish policies and procedures 
2.30 	which govern the operation of the services and programs under the direct administrative 
2.31 	authority of the commissioner.
2.32 	(e) Notwithstanding sections 16C.08, 16C.09, 43A.047, or other law to the contrary, 
2.33 	the commissioner of human services may enter into or approve a service contract for 
2.34 	medical services at state-operated service facilities without determining that no current 
2.35 	state employee is able and available to perform the services called for by the contract.

3.1 	Sec. 3. Minnesota Statutes 2005 Supplement, section 609.485, subdivision 2, is 
3.2 	amended to read:
3.3 		Subd. 2.Acts prohibited. Whoever does any of the following may be sentenced as 
3.4 	provided in subdivision 4:
3.5 	(1) escapes while held pursuant to a lawful arrest, in lawful custody on a charge or 
3.6 	conviction of a crime, or while held in lawful custody on an allegation or adjudication 
3.7 	of a delinquent act;
3.8 	(2) transfers to another, who is in lawful custody on a charge or conviction of a 
3.9 	crime, or introduces into an institution in which the latter is confined, anything usable in 
3.10 	making such escape, with intent that it shall be so used;
3.11 	(3) having another in lawful custody on a charge or conviction of a crime, 
3.12 	intentionally permits the other to escape;
3.13 	(4) escapes while in a facility designated under section 253B.18, subdivision 1, 
3.14 	pursuant to a court commitment order after a finding of not guilty by reason of mental 
3.15 	illness or mental deficiency of a crime against the person, as defined in section 253B.02, 
3.16 	subdivision 4a. Notwithstanding section 609.17, no person may be charged with or 
3.17 	convicted of an attempt to commit a violation of this clause;
3.18 	(5) escapes while in or under the supervision of a facility designated under section 
3.19 	253B.18, subdivision 1, pursuant to a court hold or commitment order under section 
3.20 	253B.185 or Minnesota Statutes 1992, section 526.10; or
3.21 	(6) escapes while on pass status or provisional discharge according to section 
3.22 	253B.18.
3.23 	For purposes of clause (1), "escapes while held in lawful custody" includes 
3.24 	absconding from electronic monitoring or absconding after removing an electronic 
3.25 	monitoring device from the person's body.

3.26 	Sec. 4. Minnesota Statutes 2005 Supplement, section 609.485, subdivision 4, is 
3.27 	amended to read:
3.28 		Subd. 4.Sentence. (a) Except as otherwise provided in subdivision 3a, whoever 
3.29 	violates this section may be sentenced as follows:
3.30 	(1) if the person who escapes is in lawful custody for a felony, to imprisonment for 
3.31 	not more than five years or to payment of a fine of not more than $10,000, or both;
3.32 	(2) if the person who escapes is in lawful custody after a finding of not guilty by 
3.33 	reason of mental illness or mental deficiency of a crime against the person, as defined in 
3.34 	section 253B.02, subdivision 4a, or pursuant to a court commitment order under section 
4.1 	253B.185 or Minnesota Statutes 1992, section 526.10, to imprisonment for not more than 
4.2 	one year and one day or to payment of a fine of not more than $3,000, or both;
4.3 	(3) if the person who escapes is in lawful custody for a gross misdemeanor or 
4.4 	misdemeanor, or if the person who escapes is in lawful custody on an allegation or 
4.5 	adjudication of a delinquent act, to imprisonment for not more than one year or to payment 
4.6 	of a fine of not more than $3,000, or both; or
4.7 	(4) if the person who escapes is under civil commitment under sections section
4.8 	253B.18and 253B.185, to imprisonment for not more than one year and one day or to 
4.9 	payment of a fine of not more than $3,000, or both.; or
4.10 	(5) if the person who escapes is under a court hold, civil commitment, or supervision 
4.11 	under section 253B.185 or Minnesota Statutes 1992, section 526.10, to imprisonment for 
4.12 	not more than five years or to payment of a fine of not more than $10,000, or both.
4.13 	(b) If the escape was a violation of subdivision 2, clause (1), (2), or (3), and was 
4.14 	effected by violence or threat of violence against a person, the sentence may be increased 
4.15 	to not more than twice those permitted in paragraph (a), clauses (1) and (3).
4.16 	(c) Unless a concurrent term is specified by the court, a sentence under this section 
4.17 	shall be consecutive to any sentence previously imposed or which may be imposed for any 
4.18 	crime or offense for which the person was in custody when the person escaped.
4.19 	(d) Notwithstanding paragraph (c), if a person who was committed to the 
4.20 	commissioner of corrections under section 260B.198 escapes from the custody of the 
4.21 	commissioner while 18 years of age, the person's sentence under this section shall 
4.22 	commence on the person's 19th birthday or on the person's date of discharge by the 
4.23 	commissioner of corrections, whichever occurs first. However, if the person described 
4.24 	in this clause is convicted under this section after becoming 19 years old and after 
4.25 	having been discharged by the commissioner, the person's sentence shall commence 
4.26 	upon imposition by the sentencing court.
4.27 	(e) Notwithstanding paragraph (c), if a person who is in lawful custody on an 
4.28 	allegation or adjudication of a delinquent act while 18 years of age escapes from a local 
4.29 	juvenile correctional facility, the person's sentence under this section begins on the 
4.30 	person's 19th birthday or on the person's date of discharge from the jurisdiction of the 
4.31 	juvenile court, whichever occurs first. However, if the person described in this paragraph 
4.32 	is convicted after becoming 19 years old and after discharge from the jurisdiction of the 
4.33 	juvenile court, the person's sentence begins upon imposition by the sentencing court.
4.34 	(f) Notwithstanding paragraph (a), any person who escapes or absconds from 
4.35 	electronic monitoring or removes an electric monitoring device from the person's body is 
4.36 	guilty of a crime and shall be sentenced to imprisonment for not more than one year or to 
5.1 	a payment of a fine of not more than $3,000, or both. A person in lawful custody for a 
5.2 	violation of section 609.185, 609.19, 609.195, 609.20, 609.205, 609.21, 609.221, 609.222, 
5.3 	609.223, 609.2231, 609.342, 609.343, 609.344, 609.345, or 609.3451 who escapes or 
5.4 	absconds from electronic monitoring or removes an electronic monitoring device while 
5.5 	under sentence may be sentenced to imprisonment for not more than five years or to a 
5.6 	payment of a fine of not more than $10,000, or both.