Credit for Time Served? Pay for it!

Credit for Time Served? Pay for it!

Effective August 1, 2010

Permits counties to assess the local jail fee for any time for which the person receives credit for time served against the sentence imposed as a result of a conviction.

Please remember that the interpretation and analysis presented here is not intended to be legal advice.  If you are seeking legal advice please contact us for a free consultation and actual examination the issues that your case may present.

NOTE: I find this to be a little excessive.  Most of the individuals I know that are facing time in jail have things rough enough.  For the most part, if they had any money, they probably wouldn't be doing what got them in trouble.

Thank you,
Landon J. Ascheman, Esq.
(B) 612.217.0077 (C) 651.280.9533 (F) 651.344.0700
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P.S. Have an attorney in your phone? Add us now 612-217-0077 - While we hope you never need us, we're here if you do.

CHAPTER 318--S.F.No. 2709
An act
relating to corrections; authorizing agreements to house offenders
from other states in county and regional detention facilities; modifying inmate
payment of room and board to include any time credited for time served;
amending Minnesota Statutes 2008, section 641.12, subdivision 3; proposing
coding for new law in Minnesota Statutes, chapter 641.

Section 1.[641.035] OUT-OF-STATE PRISONERS.
(a) A county or regional jail board may authorize the sheriff or regional jail
superintendent to enter into agreements to house offenders from other states.
(b) The extradition requirements of chapter 629 do not apply to offenders accepted
from another state under this section. The sheriff or regional jail superintendent
responsible for housing an out-of-state offender has the express authority to return the
offender to the offender's state of origin upon request from the appropriate authority
in the offender's state of origin.
EFFECTIVE DATE.This section is effective the day following final enactment.

Sec. 2. Minnesota Statutes 2008, section 641.12, subdivision 3, is amended to read:
Subd. 3.Inmate payment of room and board.(a) A county board may require that
a personconvicted of a crime and confined in the county jail, workhouse, or
correctional or work farm pay the cost of theperson'sroom, board, clothing,
medical, dental, and other correctional services. The board shall establish a schedule to
chargepersonsunder this subdivision.The charges may be assessed for any
time for which the person receives credit for time served against the sentence imposed
as a result of the conviction.The costs may be collected at any time while the
personis under sentence or after the sentence has been discharged. During the period of
confinement, the costs may be deducted from any money possessed by theperson
or any money deposited with the local correctional or law enforcement agency on the
person'sbehalf. The board, or local correctional agency or sheriff with authority
over the jail, workhouse, or farm, may use any available civil means of debt collection
in collecting costs under this subdivision.
(b) The chief executive officer of the local correctional agency or sheriffshall
waive payment of the costs under this subdivision if the officer or sheriff determines that
thepersondoes not have the ability to pay the costs, payment of the costs would
create undue hardship for thepersonor theperson'simmediate family,
the prospects for payment are poor, or there are extenuating circumstances justifying
waiver of the costs.
(c) Ifa personhas been ordered by a court to pay restitution, the
personshall be obligated to pay the restitution ordered before paying the costs under this
subdivision. However, if thepersonis making reasonable payments to satisfy
the restitution obligation, the local correctional agency or sheriff may also collect costs
under this section.
Presented to the governor May 10, 2010
Signed by the governor May 13, 2010, 9:20 a.m.

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