Minnesota Legislature
SF 4387
1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 06/10/2024 11:35am
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A bill for an act
relating to public safety; providing for human services; modifying the duties of
certain facilities that confine people relating to phone calls and other communication
services; specifying duties of certain direct care and treatment programs relating
to phone calls and other communications; amending Minnesota Statutes 2023
Supplement, section 241.252; proposing coding for new law in Minnesota Statutes,
chapter 246.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2023 Supplement, section 241.252, is amended to read:
241.252 FREE COMMUNICATION SERVICES FOR deleted text begin INCARCERATEDdeleted text end new text begin
CONFINEDnew text end PERSONS.
Subdivision 1.
Free communication services.
(a) A deleted text begin state adult or juveniledeleted text end facility deleted text begin under
the control of the commissioner of correctionsdeleted text end must provide deleted text begin incarcerateddeleted text end new text begin confinednew text end persons
with voice communication services. A facility may supplement voice communication services
with other communication services, including but not limited to video communication and
email or electronic messaging services. A facility must at least continue to offer the services
the facility offered as of January 1, 2023.
(b) To the extent that voice new text begin or other new text end communication services are provided, which must
not be limited beyond program participation and routine facility policies and procedures,
neither the individual initiating the communication nor the individual receiving the
communication must be charged for the service.
Subd. 2.
deleted text begin Voicedeleted text end Communication services restrictions.
Nothing in this section allows
deleted text begin an incarcerateddeleted text end new text begin a confinednew text end person to violate an active protection order, harassment restraining
order, or other no-contact order or directive.
Subd. 3.
deleted text begin Statedeleted text end Revenue prohibited.
deleted text begin A statedeleted text end new text begin Annew text end agency new text begin operating a facility new text end must not
receive revenue from the provision of voice communication services or any other
communication services under this sectiondeleted text begin , but an agency may collect commissions on
communication services provided under any contract entered into before January 1, 2023deleted text end .
Subd. 4.
Visitation programs.
(a) Facilities shall maintain in-person visits for
deleted text begin incarcerateddeleted text end new text begin confinednew text end personsdeleted text begin , anddeleted text end new text begin .new text end Communication servicesnew text begin , including video calls,new text end must
not be used to replace a facility's in-person visitation programnew text begin or be counted toward a
confined person's in-person visitation limitnew text end .
(b) Notwithstanding paragraph (a), the deleted text begin commissionerdeleted text end new text begin agency operating the facilitynew text end may
waive the in-person visitation program requirement under this subdivision if there is:
(1) a declared emergency under section 12.31; or
(2) a local-, state-, or federal-declared natural disaster.
Subd. 5.
Reporting.
new text begin (a) new text end The Department of Corrections must include the following
information covering the previous calendar year in its annual performance report required
under section 241.016:
(1) deleted text begin itsdeleted text end new text begin the status of all the agency's communication contracts;new text end efforts to renegotiate the
agency's communication contracts, including the rates the agency is paying or charging
deleted text begin incarcerateddeleted text end new text begin confinednew text end people or community members for any and all services in the contracts;new text begin
and plans to consolidate the agency's communication contracts to maximize purchasing
power;
new text end
(2) a complete and detailed accounting of how deleted text begin legislativelydeleted text end appropriated funds for
communication services are spent, including spending on expenses previously covered by
commissions; and
(3) new text begin summarynew text end data on usage of all communication services, including monthly call and
message volume.
new text begin
(b) By January 15 of each year, an agency other than the Department of Corrections that
operates a facility must report the information described in paragraph (a) to the commissioner
of corrections. By March 15 of each year, the commissioner shall submit a summary of the
information submitted under this paragraph to the chairs and ranking minority members of
the legislative committees having jurisdiction over corrections and human services policy
and finance.
new text end
Subd. 6.
Definitions.
For the purposes of this section, the following terms have the
meanings given:
(1) "voice communications" means real-time, audio-only communication services,
namely phone calls made over wireline telephony, voice over Internet protocol, or any other
technology infrastructure; deleted text begin and
deleted text end
(2) "other communication services" means communication services other than voice
communications, including but not limited to video calls and electronic messagesnew text begin ; and
new text end
new text begin (3) "facility" means a state adult or juvenile correctional facility under the control of the
commissioner of corrections, or any facility, setting, or program owned, operated, or under
the programmatic or fiscal control of the commissioner of human servicesnew text end .
Sec. 2.
new text begin
[246.0142] FREE COMMUNICATION SERVICES FOR PATIENTS AND
CLIENTS.
new text end
new text begin Subdivision 1. new text end
new text begin Free communication services. new text end
new text begin
The commissioner of human services
and all facilities, settings, and programs owned, operated, or under the programmatic or
fiscal control of the commissioner of human services are subject to section 241.252. The
commissioner must not include the cost of voice or other communication services in the
cost of care as defined under section 246.50 or 246B.01.
new text end
new text begin Subd. 2. new text end
new text begin Communication service restrictions. new text end
new text begin
Notwithstanding section 241.252,
subdivisions 2 and 4, nothing in this section entitles a civilly committed person to
communication services restricted or limited under section 253B.03, subdivision 3, or
253D.19.
new text end