Section 10. The department shall be a corporation for the purpose of taking, holding and administering in trust for the commonwealth any grant, gift or bequest made either to the commonwealth or to it for the use of persons under its control in any correctional facility of the department or for expenditure upon any work which the department is authorized to undertake. The department may accept, receive and use money, goods or services given for the general purposes of the department by the federal government or from any other source, public or private, and may comply with such conditions and enter into such agreements upon such covenants, terms and conditions as the department deems necessary or desirable, provided the agreement is not in conflict with state law.
The department, subject to the approval of the governor, shall select the site of any new state correctional facility and any land to be taken or purchased by the commonwealth for the purposes of any new or existing state correctional facility. If any land or property is taken or purchased by the department, title shall be taken in the name of the commonwealth.