1.1.................... moves to amend H.F. No. 939 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2010, section 241.01, subdivision 3a, is amended to
1.5    Subd. 3a. Commissioner, powers and duties. The commissioner of corrections has
1.6the following powers and duties:
1.7(a) To accept persons committed to the commissioner by the courts of this state for
1.8care, custody, and rehabilitation.
1.9(b) To determine the place of confinement of committed persons in a correctional
1.10facility or other facility of the Department of Corrections and to prescribe reasonable
1.11conditions and rules for their employment, conduct, instruction, and discipline within or
1.12outside the facility. After July 1, 2011, the commissioner shall not allow inmates to be
1.13housed in facilities that are not owned and operated by the state, a local unit of government,
1.14or a group of local units of government. Inmates shall not exercise custodial functions or
1.15have authority over other inmates. Inmates may serve on the board of directors or hold an
1.16executive position subordinate to correctional staff in any corporation, private industry or
1.17educational program located on the grounds of, or conducted within, a state correctional
1.18facility with written permission from the chief executive officer of the facility.
1.19(c) To administer the money and property of the department.
1.20(d) To administer, maintain, and inspect all state correctional facilities.
1.21(e) To transfer authorized positions and personnel between state correctional
1.22facilities as necessary to properly staff facilities and programs.
1.23(f) To utilize state correctional facilities in the manner deemed to be most efficient
1.24and beneficial to accomplish the purposes of this section, but not to close the Minnesota
1.25Correctional Facility-Stillwater or the Minnesota Correctional Facility-St. Cloud without
1.26legislative approval. The commissioner may place juveniles and adults at the same
1.27state minimum security correctional facilities, if there is total separation of and no
2.1regular contact between juveniles and adults, except contact incidental to admission,
2.2classification, and mental and physical health care.
2.3(g) To organize the department and employ personnel the commissioner deems
2.4necessary to discharge the functions of the department, including a chief executive officer
2.5for each facility under the commissioner's control who shall serve in the unclassified civil
2.6service and may, under the provisions of section 43A.33, be removed only for cause.
2.7(h) To define the duties of these employees and to delegate to them any of the
2.8commissioner's powers, duties and responsibilities, subject to the commissioner's control
2.9and the conditions the commissioner prescribes.
2.10(i) To annually develop a comprehensive set of goals and objectives designed to
2.11clearly establish the priorities of the Department of Corrections. This report shall be
2.12submitted to the governor commencing January 1, 1976. The commissioner may establish
2.13ad hoc advisory committees.
2.14EFFECTIVE DATE.This section is effective the day following final enactment.

2.16The commissioner may not contract or renew a contract with privately owned and
2.17operated prisons for the care, custody, and rehabilitation of offenders committed to the
2.18custody of the commissioner.
2.19EFFECTIVE DATE.This section is effective the day following final enactment.

2.21    Subdivision 1. Placement prohibited. After August 1, 2011, a sheriff shall not
2.22allow inmates committed to the custody of the sheriff to be housed in facilities that are not
2.23owned and operated by a local government, or a group of local units of government.
2.24    Subd. 2. Contracts prohibited. The county board may not authorize the sheriff to
2.25contract with privately owned and operated prisons for the care, custody, and rehabilitation
2.26of offenders committed to the custody of the sheriff.
2.27EFFECTIVE DATE.This section is effective the day following final enactment."
2.28Amend the title accordingly