1.1.................... moves to amend H.F. No. 939 as follows:
1.2Page 2, delete section 2 and insert:

1.5    Subdivision 1. Request for proposals. The commissioner of administration, in
1.6consultation with the commissioner of corrections, must issue a request for proposals
1.7within 30 days of the effective date of this act, and must authorize one or more vendors
1.8by November 1, 2011, to provide correctional facilities, services, and supervision for
1.9persons committed to the commissioner of corrections by the courts of this state. The
1.10commissioner may consider proposals from vendors with facilities in Minnesota and from
1.11vendors that propose building facilities in Minnesota. The commissioner may consider
1.12proposals that involve multiple sites. The Department of Corrections may submit a
1.13proposal. A proposal submitted by the department must be given the same consideration
1.14as proposals from private vendors.
1.15    Subd. 2. Minimum requirements. To qualify for consideration, a vendor must:
1.16(1) agree to house prisoners at a cost to the state that is at least five percent below
1.17the Department of Correction's current per diem for the medium security facility that is
1.18most costly for the department to operate;
1.19(2) agree, in the event that transferring prisoners to private prisons results in the
1.20displacement of state workers, to give priority in hiring to qualified employees of the
1.21Department of Corrections; and
1.22(3) meet or exceed the prison standards promulgated by the American Correctional
1.24    Subd. 3. Per diem calculation. In calculating the per diem for the most costly
1.25medium security facility operated by the department, the commissioner must use the
2.1per diem calculation required under 241.018, subdivision 1, paragraph (b), and add the
2.2following expenses, if they are not already included:
2.3(1) all labor expenses, including direct wage and salary costs, training costs,
2.4overtime and supervisory overhead;
2.5(2) total employee fringe and other personnel expenses;
2.6(3) contract management costs;
2.7(4) the imputed tax impact of the facility if the facility were privately operated and
2.8required to pay federal state and local taxes; and
2.9(5) any other cost particular to incarcerating offenders at the facility.
2.10    Subd. 4. Selection criteria. In establishing criteria and preferences for vendors, the
2.11commissioner of administration must consult with the commissioner of corrections, the
2.12executive director of the Sentencing Guidelines Commission, and the commissioner of
2.13human services, as appropriate. The commissioner must consider the following factors in
2.14issuing the request for proposals:
2.15(1) the level or levels of security for which custodial care and services will be needed;
2.16(2) the type and length of treatment, educational, and other programs and services
2.17appropriate to offenders likely to be housed in a private correctional facility;
2.18(3) the transport of offenders to and from any private facilities;
2.19(4) the division between the state and private provider of all costs associated with
2.20providing care, custody, and rehabilitation for offenders committed to the commissioner
2.21of corrections; and
2.22(5) other factors deemed appropriate for consideration by the commissioner of
2.23administration, corrections, or human services, or by the executive director of the
2.24Sentencing Guidelines Commission.
2.25EFFECTIVE DATE.This section is effective the day following final enactment.

2.27Unless prohibited by applicable collective bargaining agreements, correctional
2.28employees who are displaced due to the transfer of state inmates to private facilities shall
2.29have priority in consideration for vacant positions within the Department of Corrections
2.30and at secure facilities operated by the Department of Human Services.
2.31EFFECTIVE DATE.This section is effective the day following final enactment."
2.32Renumber the sections in sequence and correct the internal references
2.33Amend the title accordingly