Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

Clarifying pay to stay law

Published (3/4/2010)
By Mike Cook
Share on: 

Current law permits a sheriff to charge an inmate to stay in a local jail; however, a Supreme Court decision last December ruled that the pay to stay provision does not extend to days spent in jail pre-conviction because statute used the term “offender,” rather than “person.”

“Persons were getting something like a 90-day sentence and they’d already sat in county jail 60 days before that, and they were getting credit for time served,” said Rep. Dave Olin (DFL-Thief River Falls). “That 60 days was never subject to the pay to stay.”

Sponsored by Olin, HF3038 would clarify the intent of the law that was passed in 2002.

“This just takes care of a glitch to make it consistent so all the time they do in a county jail on any sentence is subject to the pay to stay if it’s a situation they can make the payments,” he said.

Rick Hodsdon, legal counsel for the Minnesota Sheriffs’ Association, said some counties don’t require inmates to pay for staying; rather they want the offender’s money to go toward other things like child support or restitution.

“This is property tax relief that doesn’t cost a dime of state money,” he said, adding the bill would have about a $1 million annual impact on local governments.

Approved Feb. 25 by the House Public Safety Policy and Oversight Committee, it awaits action by the full House. A companion, SF2709, sponsored by Rep. Pat Pariseau (R-Farmington), was scheduled to be heard March 4 by the Senate Judiciary Committee.

Session Weekly More...

Session Weekly Home

Related Stories

Turn your key and breathe
House approves ignition interlock bill that would let DWI offenders drive sooner
(view full story) Published 4/29/2010

Minnesota Index: Crime and punishment
Figures and statistics on crime in Minnesota.
(view full story) Published 3/18/2010

Red River Basin: ‘Here we go again’
Flood-prone communities look to keep their heads above water
(view full story) Published 3/4/2010

At Issue: Courts and corrections backing
Public safety finance bill awaits gubernatorial action
(view full story) Published 5/15/2009

At Issue: Corrections, courts funding concerns
Omnibus public safety finance bill gets mixed reaction from House
(view full story) Published 5/1/2009

At Issue: Sex offenders, courts and corrections
Omnibus public safety policy bill headed to conference committee
(view full story) Published 4/24/2009

At Issue: Helping to find missing adults
House vote expected soon on ‘Brandon’s Law’
(view full story) Published 4/17/2009

Minnesota Index: Keeping Minnesotans safe
Figures and statistics on the state patrol and fire marshals in Minnesota
(view full story) Published 3/20/2009

Minnesota Index: See you in court
Figures and statistics on Minnesota's court system
(view full story) Published 2/27/2009

Minnesota Index: 'The Graybar Hotel'
Figures and statistics on Minnesota's prison population
(view full story) Published 1/16/2009