§ 34-A §1403 — Powers

In addition to other powers granted in this Title, the commissioner has the following powers.
1.
General powers.
The commissioner may perform any legal act relating to the care, custody, treatment, relief and improvement of clients or may purchase residential services when the department's correctional and detention facilities do not provide the appropriate services for the client.
2.
Appointments.
The commissioner's appointment powers are as follows.
3.
Delegation.
The commissioner's delegation powers are as follows.
4.
Funding sources.
The commissioner may use the following funding sources.
5.
Lease of unused buildings.
The commissioner may, with the approval of the Director of the Bureau of General Services, lease unused buildings at the correctional and detention facilities for the purposes of providing services to clients.
5-A.
Lease of Long Creek Youth Development Center building.
Notwithstanding subsection 5 and Title 5, chapter 154, the commissioner may, with the approval of the Director of the Bureau of General Services, lease any building that the commissioner determines is no longer needed to be a part of the Long Creek Youth Development Center for the purpose of providing services to clients under such terms as the commissioner and director determine appropriate.
6.
Acceptance or conveyance of donated personal property.
The commissioner may accept donations of personal property to be used at a correctional or detention facility. If, at a later date, the donated property ceases to be useful to the correctional or detention facility, the commissioner may sell the property and use the proceeds for the benefit of the correctional or detention facility to which the property was originally donated.
7.
Establishment of farm programs and gravel mining programs to support farm programs at correctional facilities.
The commissioner may establish a farm program at each correctional facility for the purposes of producing agricultural and farm products and teaching prisoners and juvenile clients cultivation and gardening techniques. The commissioner may also establish a gravel mining program at any correctional facility sited on land that contains sufficient gravel for the purpose of supporting the farm programs.
8.
Receipt of United States prisoners or adjudicated juveniles.
The commissioner's power to accept United States prisoners or adjudicated juveniles is as follows.
9.
Industries programs.
The commissioner may establish career and technical training, work and industries programs, including those permitted under a certification issued by the United States Department of Justice under 18 United States Code, Section 1761.
10.
Client benefit welfare account.
The commissioner shall provide an accounting of all client benefit welfare accounts each fiscal year to the joint select committee of the Legislature having jurisdiction over corrections matters. The annual accounting must include total income for the year, total expenditures for the year, anticipated capital and operating expenditures from these accounts in the next fiscal year and balances in the accounts. Nothing in this subsection may change the nature of these accounts as internal management tools.
11.
Contracting agent.
The chief administrative officer is the contracting agent for all sales of articles from a correctional facility and for all other contracts made on behalf of the correctional facility except those made by the Chief Procurement Officer.
12.
Transfer of funds.
Notwithstanding Title 5, section 1585 or any other provision of law, the commissioner, upon recommendation of the State Budget Officer and approval of the Governor, is authorized to transfer by financial order All Other funding between accounts within the same fund for the purposes of paying food, heating and utility expenses.
13.
Personal Services balances authorized to carry to Capital Expenditures.
Notwithstanding any other provision of law, beginning at the close of fiscal year 2017-18, the department is authorized to carry all fiscal-year-end balances in the Personal Services line category of General Fund accounts, after the deduction of all allocations, financial commitments, other designated funds or any other transfers authorized by statute, to the Capital Expenditures line category in the Capital Construction/Repairs/Improvements - Corrections program, General Fund account in the department to be used for the purpose of making capital improvements to correctional facilities.
14.
Technology fee.
The commissioner may establish a reasonable fee, as provided in this subsection, for the use of technology, including, but not limited to, computers, laptop computers and external storage devices, that is provided to residents of correctional facilities in connection with educational or vocational programs, remote work or other purposes. For each calendar month in which the technology is used by a resident, as defined in section 3015, subsection 1, paragraph B, the fee charged may not exceed 7% of the resident's earnings during the month after any deductions for court-ordered or statutory obligations, including, but not limited to, child support, court filing fees, victim restitution, fines, facility restitution, facility monetary sanctions, medical and dental services fees and room and board, or $35, whichever is less. The commissioner may not charge a fee under this subsection for:

Legislative History

PL 1983, c. 459, §6 (NEW). PL 1983, c. 581, §§12,59 (AMD). PL 1983, c. 724 (AMD). PL 1983, c. 729, §6 (AMD). PL 1985, c. 67, §1 (AMD). PL 1985, c. 785, §B151 (AMD). PL 1985, c. 821, §§19-21 (AMD). PL 1987, c. 589 (AMD). PL 1989, c. 127, §§3,4 (AMD). RR 1991, c. 2, §128 (COR). PL 1991, c. 314, §§21-25 (AMD). PL 1991, c. 716, §6 (AMD). PL 1993, c. 682, §1 (AMD). PL 1995, c. 111, §1 (AMD). PL 1995, c. 502, §§F18-20 (AMD). PL 1999, c. 401, §J4 (AMD). PL 1999, c. 459, §1 (AMD). PL 1999, c. 583, §§3,4 (AMD). PL 1999, c. 731, §G2 (AMD). PL 2001, c. 386, §11 (AMD). PL 2001, c. 439, §§G2,6 (AMD). PL 2003, c. 545, §6 (REV). PL 2011, c. 340, §§1, 2 (AMD). PL 2011, c. 380, Pt. AA, §1 (AMD). PL 2011, c. 491, §16 (AMD). PL 2011, c. 515, §3 (AMD). PL 2013, c. 368, Pt. ZZZ, §1 (AMD). PL 2013, c. 491, §§3, 4 (AMD). PL 2015, c. 267, Pt. VVV, §1 (AMD). PL 2015, c. 291, §3 (AMD). PL 2015, c. 494, Pt. A, §37 (AMD). PL 2017, c. 284, Pt. JJJ, §1 (AMD). PL 2023, c. 516, Pt. B, §45 (AMD). PL 2025, c. 352, §2 (AMD). PL 2025, c. 388, Pt. Z, §1 (AMD).